HomeMy WebLinkAboutPlanning Comm Reports/1992/10/14 (17)
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CANDIDATB CEQA FINDINGS
I. INTRODUCTION
Section 21081 of the California Environmental Quality Act (CEQA) Guidelines
requires that no project shall be approved by a public agency when significant
environmental effects have been identified, unless one of the following findings is made
and supported by substantial evidence in the record:
a) Changes or alterations have been required in, or incorporated into, the
project which mitigate or avoid the significant environmentai effect as
Identified in the Final Environmental Impact Report (EIR).
b) Changes or alterations are within the responsibility and jurisdiction of
another public agency and such changes have been adopted by such other
agency, or can and should be adopted by such other agency.
c) Specific economic, social or other considerations make Infeasible the
mitigation measures or project alternatives identified In the Final EIR. (See
also, CEQA Guidelines section 15091).
CEQA further requires that, where the decision of the public agency allows the
occurrence of significant effects which are identified in the Final EIR, 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 (Section 15093
of the CEQA Guidelines).
The following findings are made relative to the conclusions of the Final
Environmental Impact Report (EIR 90-02), the second Addendum for the proposed
Rancho San Miguel General Development Plan (GDP) and all documents, maps and
illustrations listed in Section IX of these findings. At this time, the project's discretionary
actions include:
o General Development Plan (GDP) approval; and
o P-C (planned community) zoning approval.
Subsequent discretionary approvals for the proposed project include, among
others, annexation to the City of Chula Vista, annexation to the South Bay Irrigation
District, detachment from the Otay Water District, SPA Plan approval, a development
agreement and tentative maps.
Rancho San Miguel is a proposed single-family detached residential community
located on approximately 2,590 acres of land (1,852-acre northern portion and 738.acre
southern portion) in the northern portion of the Eastern Territories as defined by the
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City of Chula Vista General Plan. The project site Is situated on land currently under the
jurisdiction of the County of San Diego; however, the site is also within the City of Chula
Vista's adopted Sphere of Influence. The project includes a General Development Plan
(GDP) for residential, commercial and open space uses over the project site.
The property Is bounded generally by Proctor Valley Road on the south and west,
the Otay water treatment facility and San Miguel Mountain on the east, and the
Sweetwater River and Sweetwater Reservoir on the north and northwest. The north and
south portions of the project site are separated by property owned by San Diego Gas &
Electric which contains the San Miguel substation complex. Much of the surrounding
area to the south and west is developed, or developing, with single-family and multi-
family residences, commercial uses and parkland. The area to the north and east is
undeveloped, consisting of ruggedly steep areas associated with the San Miguel
Mountains, lands owned by the Otay Water District, and lands owned by the Sweetwater
Authority and containing the Sweetwater Reservoir. The general character of the area to
the south and southwest of the project site Is proposed to be low, low-medium and
medium density residential, according to the City of Chula Vista's General Plan. Mother
Miguel Mountain, on the project site, is designated as open space In the City's General
Plan. The project area connects to the City's Greenbelt system along Salt Creek, Dtay
Lakes and Otay River to the south and Sweetwater Reservoir and Sweetwater River to the
west. State Route (SR) 125 is proposed to run generally northwest/southwest through
the Immediate project area; although the final alignment is not yet known. The Rancho
San Miguel GDP assumes that the SR 125 alignment will roughly follow along existing
Proctor Valley Road. This alignment is consistent with the Circulation Element of the
Chula Vista General Plan.
The project applicant is San Miguel Partners. The City of Chula Vista is the lead
agency with discretionary approval authority over the proposed project.
The proposed GDP included a total of 1,654 single-family residences and the
following components: a 14-acrecommercial center; an 11.2-acre elementary school site;
a 20.5-acre community park; a 7-acre conference center/retreat and Inn; a 6-acre
interpretive center; pedestrian and bicycle trails connecting Rancho San Miguel to the
surrounding community and the Chula Vista Greenbelt; and approximately 1,653 acres
of permanent natural open space.
During preparation of both the proposed GDP and the Draft EIR, analysis revealed
various environmental impacts of the project. This analysis consisted of comments
received from City staff regarding the proposed GDP's consistency with the City's General
Plan as well as comments received from various persons and organizations during the
CEQA public review period. In response, the applicant refined the project to attempt to
reduce or otherwise lessen the identified Impacts of the proposed GDP project. These
refinements resulted In preparation of a "Mitigation Concept Plan." The Mitigation
Concept Plan Is examined in the second Addendum to the Final EIR.
The Mitigation Concept Plan Includes design modifications to the southern portion
of the project. The Mitigation Concept Plan does not affect or change the northern
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portion of the proposed project. The redesign reflected in the Mitigation Concept Plan
proposes 1,654 single-family residences and Includes the following components: a
H.O-acre relocated commercial center; an 1l.9-acre elementary school site; a 20.7-acre
community park; two community purpose facilities of 85 acres (total); a 7.acre
conference center/retreat and inn; a 6-acre Interpretive center; pedestrian and bicycle
trails connecting Rancho San Miguel to the surrounding community and the Chula Vista
Greenbelt; and approximately 1,670 acres of permanent natural open space. The
Mitigation Concept Plan Is environmentally superior to the project as originally proposed.
The following findin~ are applicable to the project as analyzed In the Final EIR
and the second Addendum.
The revised project Is proposed to be developed In four phases. Phase I would
consist ofthe community park, homes, and associated neighborhood roads located in the
western half of the southern portion and the southwestern end of the northern portion.
Phase n would include the remainder of the homes and associated neighborhood roads
In the northern portion, and additional homes and roads in the southern portion. Phase
TII would include the commercial development and the continued development of homes
and neighborhood roads in the southern portion, as well as the completion of San
Miguel Ranch Road to East H Street. Phase IV would consist of the remainder of the
homes In the southern portion.
n. FINDINGS
The following findin~ are made by the City Council of the City of Chula Vista for
the Rancho San Miguel project. The findings have been prepared pursuant to Section
21081 of the Public Resources Code and Section 15091 of the CEQA Guidelines:
a) The decisionmakers, having reviewed and considered the information
contained in the record and the Final EIR for the Rancho San Miguel GDP
find that changes or alterations have been required in, or incorporated into,
the project which mitigate or avoid the significant environmental effects as
Identified in the Final EIR.
b) The decision makers, having reviewed and considered the Information
contained in the Final ErR and the record, find that none of the significant
environmental effects anticipated as a result of the proposed project are
within the responsibility of another public agency except for
hydrology/water quality, water supply and air quality.
c) The decislonmakers, having reviewed and considered the information
contained In the final EIR and the record, find that specific economic, social
or other considerations make infeasible certain mitigation measures or
project alternatives as identified in the Final EIR.
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d) The decislonmakers have determined that any remaining significant effects
on the environment found to be unavoidable are acceptable due to
overriding considerations.
e) The decisionmakers have Independently reviewed, considered and evaluated
the Final ErR and the record. On the basis of that review, the
decisionmakers find that the Final EIR reflects their exercise of Independent
judgement over the environmental analysis contained In the Final EIR and
the Addendum pursuant to Public Resources Code Section 21082.1, and
that the Findings and Statement of Overriding Considerations are supported
by documents and other substantial evidence contained within the Final
EIR, the Addendum and the record.
m. SIGNIFICANT, UNMITIGABLB IMPACTS
A. lANDFORM/VISUAL QUALITY
ImDact
Approximately 15 lots in the southern portion would be located along the
northeastern ridge immediately adjacent to SDG&E property. SDG&E plans to expand
the facility that would occur within the viewshed of these lots. Placing lots in proximity
to SDG&E property where residents will eventually experience industrial-type views is
considered a significant and unmitigated impact.
Mitii.tation Measures
The Mitigation Concept Plan involves a redesign which proposes to add additional
buffering between the 15 lots and the northeastern ridge Immediately adjacent to SDG&E
property. This ",ill allow an adequate buffer to be provided, which could be enhanced
through landscaping, topographic variation and home site orientation. See Section IV.B.
for further discussion of mitigation measures.
Findin~
Specific economic, social or other considerations make infeasible the mitigation
measures or project alternatives identified in the Final EIR (see Section VI of these
findings). Only the "No Project" alternative would avoid the Identified landfonn/visual
quality impacts because Horseshoe Bend or Gobbler's Knob are graded in all the project
alternatives. The Horseshoe Bend Alternative would reduce these impacts, but not to a
level below significance. Section VIII of this document contains the Statement of
Overriding Considerations (pursuant to CEQA Guidelines Section 16093) which Indicates
that the decisionmakers have weighed the benefits of the project against these significant
unmitigated landformMsual quality impacts.
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B. BIOLOGY
Imoacts
Southern Portion
Impacts to approximately 156 acres of Diegan sage scrub (93 acres of gnatcatcher
occupied habitat and 63 acres of unoccupied habitat) would occur as a result of the
development of the southern parcel.
Impacts to 6 pairs of California gnatcatchers would occur as a result of the
proposed development of the southern parcel.
Impacts to an estimated 1,867 Coast Barrel Cactus would occur with development
of the southern parcel.
Impacts to approximately 345 individuals of California adolphia would occur under
the GDP development envelope footprint for the southern parcel.
Impacts to one pair of Coastal Cactus Wren would occur as a result of the
proposed southern parcel development.
The project would result in the loss of .5 acres of wetland habitat in the southern
portion. This is considered a significant impact by the California Department of Fish and
Game.
The project would result in the loss of approximately 30 individuals of San Diego
marsh elder. Because of its location within wetlands, the impact is considered significant.
The project would result in the loss of approximately 15 Individuals of
southwestern spiny rush in the southern portion of the project. Because of Its location
within wetlands, impacts to this species are considered significant.
Development of the southern portion of the site would result In Impacts to the
Otay Tarplant. Impacts to approximately 144,000 Otay tarplant individuals are expected
In the southern portion of the project. Dense populations of this state endangered plant
are In the western and central parts of the southern parcel. This is a significant and
unmitigated Impact.
All of the estimated 11,000 Individuals of Palmers' Grappling Hook onsite would
be impacted by the project. The loss of such a large population of this species is
considered a significant unmitigated Impact.
Northern Portion
Development of the northern portion of the project would significantly disrupt the
rich biodiversity of this site. The northern development could result in the loss of
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approximately 311 acres of DIegan coastal sage scrub, which is designated as a sensitive
habitat. This Is considered a significant impact due to the overall loss of this habitat in
southern California and because many of the sensitive plant and animal species found on
site are concentrated In this habitat, including the California gnatcatcher and coast barrel
cactuS. The gnatcatcher population on the site Is part of a larger core population for the
entire species and the project would cause direct impacts to 40 of the existing 69 pairs
onsite.
Additional Impacts in the north would occur to the Cactus Wren, Otay Tarplant,
Palmers' Grappling Hook, and wetland habitat. Other significant Impacts to wildlife
include fragmentation of habitat, constricted movement corridors, and impacts from pets,
lighting, noise and wild fires.
Mltiiation Measures
Southern Portion
The mitigation of Diegan sage scrub Is to be accomplished by a combination of
preservation In both the north and south parcels to total a 2: 1 preservation to impact
ratio for sage scrub habitat. Approximately 146 acres would be set aside In open space
within the southern portion of the project and 166 acres within open space in the
northern portion of the project, for a total of 312 acres of replacement habitat, a 2:1
mitigation replacement ratio. Mitigation areas indicated do not Include scrub habitats
occurring within SDG&E easements. In addition to the set aside of this habitat,
mitigation of other resource Impacts Including those to cactuS wrens and barrel cactus
will result In the need to perform enhancement within open space areas. This will occur
within the south parcel open space area and will enhance the quality of this habitat along
currently cleared roadways and fringing grassland habitats. Enhancement efforts are
discussed under each of the appropriate species specific mitigation measures. See
attached Figure 1 for Identification of the concept sage scrub preservation areas. Final
mitigation area identification would be subject to requirements for habitat type
preservation and required gnatcatcher pair preservation.
This mitigation program is in conformance with general standards of replacement
outlined for mitigation of Diegan Sage Scrub habitat on the southern development parcel
during a 6 May 1992 meeting at the City of Chula Vista and a lener dated August 10, 1992
from the Department of Fish and Game. Acreages have been Increased to meet the
USFWS requested 2:1 ratio. Habitats have, however, been reconfigured to maximize
preservation benefits to other sensitive species requiring mitigation (i.e., barrel cactuS),
while not substantially increasing com mined mitigation lands. As a mitigation standard
the following is proposed:
The final defined and recorded open space shall include no less than 186
acres of gnatcatcher occupied sage scrub and no less than 126 acres of
unoccupied sage scrub habitat (substitution of occupied acreage is
acceptable). A total of9 pairs of California Gnatcatchers shall be preserved
within the recorded mitigation area.
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These measures would reduce Impacts to Diegan sage scrub to below a level of
significance.
The 6 pairs of gnatcatchers affected by the project would be mitigated by the
preservation of 9 pairs of gnatcatchers within identified open space areas N2, N4, and S4.
The final configuration of open spaces shall be adjusted as necessary to ensure the
preservation of appropriate habitat and numbers of birds prior to Specific Plan approval.
To ensure long-term survival of these birds, open space on the southern parcel shall be
fenced along the edge facing development and fuel maintenance shall be restricted to the
areas outside of the open space. The preservation of the 9 pairs will be totally within
open space areas. This 1.5:1 ratio Is consistent with the requirements of the California
Department of Fish and Game (CDFG) and would reduce California gnatcatcher impacts
to below a level of significance.
The Mitigation Concept Plan was developed to reduce impact to the San Diego
barrel cactus in order to meet the Department of Fish and Game target of preserving 60%
in-situ. Of the 2,892 barrel cactus occurring in the south parcel, an estimated 1,647 cacti
would be impacted by the proposed project. A full 1,380 (74%) of the cactus lost are
attributable to the East H Street alignment as dictated by broader scale planning efforts
which cannot be readily modified. The Draft EIR calls for an in situ preservation of
specific populations of cacti in the northern parcel. However, the DFG have given a
target 60% preservation with a transplant of the remaining cacti into open space as their
threshold for significance. Both objectives may be met on-site through the establishment
of open space In the north and southern parcels. A total of 1,245 cacti can be preserved
on site in the southern parcel and 490 cacti shall be set aside for on-site preservation in
the northern parcel as permanent open space. This total of 1,735 cacti preserved on site
meets the 60% target preservation level ofDFG. This preservation would occur in open
space parcels N2, N3, N4 and SI and S4, as shown in Figure 1 to the Addendum.
The estimated 1,647 cacti anticipated to be impacted by the southern parcel
development would be transplanted to roadways, trails and margins of existing cacti
stands in the south parcel S4 open space. Salvaged plants are to be transplanted into
existing areas of the south open space In a manner which assists in restoring disturbed
roadways currently occurring on the crest of the southern knoll. The combination of
preservation of open space in the south and transplantation of plants in the south will
serve to mitigate impacts to the species. The transplantation of barrel cactus has been
demonstrated to be successful in a number of areas, most recently the Otay Business Park
on Otay Mesa adjacent to the rnternational Border, which showed that approximately 90
percent of the plants survived over the 3 year period since transplanting. In addition,
many of these have new off-spring and the population seems to be In a stable condition.
The following guidelines are to govern the mitigation of coast barrel cactus within
the San Miguel open spaces. These criteria address open space protection and transplant
techniques and receiver site designations. The guidelines also identify requisite
monitoring and success criteria for transplanted materials.
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1. No less than 1191 cacti shall be preserved in situ within Open spaces
designated as N2, N3, N4, Sl, S3, and S4. (See Figure 1 to the Addendum.)
2. Open space SI, S3, and S4 shall be Individually fenced on the development
area side to prevent general access into these open space areas. (See
Figure 1 to the Addendum.) Fences which define the owner usable portion
of the development envelope shall be of a wooden or clock wall
construction type and shall be installed prior to the sale of any individual
lots. Fences along roadways or along the SDG&E easements should be set
back from the edge of the roads no less than 25 feet and should be of an
open nature to allow large mammal crossing.
3. All fuel management activities are to occur within the pad and identified
limits of owner use areas adjacent to all open spaces.
4. The limits of grading shall be established by flagging and erection of a
single strand heavily flagged construction fence around the entire perimeter
of all disturbance areas. Prior to the initiation of grading, all identified
barrel cactus within proposed areas of grading shall be marked on the
north side for orientation and salvaged for transplanting. A mitigation
monitor shall Inspect the site following completion of the salvage operation
to ensure that all Identified cacti have been removed for subsequent
transplant. Once the city has determined that all cacti have been removed,
grading shall be allowed to proceed.
5. Salvaged cacti shall be transplanted into suitable sites along the ridgeline
within the 54 mitigation area. (See Figure 1 to the Addendum.) Care Is to
be take to ensure proper orientation of the cacti to prevent sunburning of
the plants. It is estimated that 0.38 acre of suitable receiver area shall be
required within the open space In order to plant cacti on an average
density of 1 cactus/m2. This open space supports numerous roadways
through ridges bounded on both sides by cacti. The target restoration areas
would be these roadways.
6. Restoration sites shall be protected from vehicular traffic by directional
signage and use of barrier poSts to block access through the restoration
area. Large cholla cacti are to be used around the barriers and throughout
the roadway to develop habitat for cactus wren mitigation and will also
serve to curb vehicular traffic. Areas are to be further seeded with an open
sage scrub seed mix to include: deerweed (Lotus scoparius), white sage
(Salvia apiana); and plantain (Plantago erecta) to assist In eliminating the
appearance of a roadway, while not resulting In a competitive dominance
of tall statu red shrubs. This area does not naturally support dense
vegetation, so it is unlikely that such will naturally develop over time.
7. Restoration efforts shall be monitored annually In the spring concurrent
with the Adolphia monitoring for a period of 3 years and shall document
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the status of the mitigation site. Success shall be the survival of no fewer
than 75% of the transplanted cacti and the general trend towards recovery
of abandon roadways in a manner which would suggest long-term recovery
of the site. Annual monitoring reports shall be submitted to the City within
one month of each monitoring event.
Implementation of the above program will reduce the Impacts to the coast barrel cactus
to below a level of signifkance.
To compensate for the proposed impacts to approximately 345 individual plants
of California Adolphia, the Draft EIR calls for the preservation of 50% of this species In
biological open space. To achieve this mitigation goal, the proposed project would
Include a mitigation area supporting a population with an estimated total of 350 plants
in the southwestern portion ofthe northern parcel. In addition, a population estimated
to support approximately 40 shrubs would be incorporated into the open space on the
eastern portion of the southern parcel. The results of this mitigation would be to set
aside a total of 390 plants as south parcel mitigation for impacts to 345 plants (53%
preservation). In both instances, the plants would be preserved away from development
(the reconfiguration of the northern development envelope at this open space would
eliminate lots adjacent to the mitigation area) and therefore management measures
beyond open space fencing are not required.
As further mitigation beyond that specified in the Draft EIR, populations are to be
enhanced by the planting of young Adolphia seedings in the periphery of the preserved
populations. Special restoration attention will be paid to disturbed areas including trails,
roadways and weedy clay grassland habitats adjacent to these populations. This species
Is also to be used as a buffer plant around preserve Otay tarweed populations. The
Adolphia persists In areas of similar soils to that of the Otay tarweed and the thorny
growth form of the Adolphia would provide an opportunity to create both valuable and
functional buffer plantings around some of the Tarweed preserve fields.
The following guidelines are to govern the treatment of Adolphia mitigation areas
within the San Miguel Ranch site. Specific mitigation detail is to be developed at the SPA
Plan level in conformance with the following standards:
1. Open space designated as Nl is to be fenced in a manner acceptable to the
City along all sides of the open space which face roadways. (See Figure 1
to the Addendum.) Fences which define the owner usable portion of the
development envelope shall be of a wooden or block wall construction type
and shall be Installed prior to the sale of any Individual lots. Fences
adjacent to 'IOoildlife crossings shall be set back from the edge of the road no
less than 25 feet and should be open to allow large mammal crossing.
2. All fuel management activities are to occur within the pad and Identified
limits of owner use areas adjacent to all open spaces, but specifically open
space Nl and S4 for the purpose of the Adolphia mitigation program.
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3. Not less than 300 seeding Adolphla shall be planted around the periphery
of the preserved population occurring in the Nl open space. Plants shall
be of either a liner/plant band or 1 gallon container size. Planting shall
occur no later than December of the first year following initiation of
grading within the southern parcel. All transplanting shall occur during the
winter rainy season to maximize plant establishment and growth potential.
4. Transplanted Adolphia shall be monitored annually in the spring for a
period of 5 years to ensure successful establishment and continued growth.
Success shall be determined by the survival and growth over the 5 year
period of no less than 30% of the plants. Annual monitoring reports shall
be submitted to the City within one month of each monitoring event.
5. Long-term maintenance of fencing shall be required as part of the
mitigation program.
The results of this mitigation would be In excess of that required by the Draft EIR and
impacts would be reduced to below a level of significance.
The one pair of coastal cactus wren which would be impacted will be mitigated
by the preservation of 3 pairs of cactus wrens located in the southern open space parcel
(S4). (See Figure 1 to the Addendum.) In addition, cholla stands which are to be
Impacted by the project will be transplanted to expand and enhance the cactus wren
populations In the south parcel S4 open space. Transplanted cactus habitat shall be
created in disturbed areas of the south parcel open space over an area equal to or
exceeding the use area ofthe cactus wren pair to be displaced prior to elimination ofthe
existing occupied habitat on-site. To determine the appropriate mitigation area, the
activity patterns of the Impacted cactus wren and the 3 territories within the S4 open
space shall be monitored to determine boundaries of the home ranges and to characterize
the important elements of home range usage. In addition, vegetation will be
characterized within the home range using standard vegetation transect methodology to
. determine plant cover, height, and frequency distribution of various elements.
Enhancement for coastal cactus wrens by transplantation of large cholla cactus has
shown promise in the Poggi Canyon cactus transplant, in which cactus moved in 1990
were occupied by one nesting pair of coastal cactus wrens in 1992. The nest supported
eggs and young early in the season, however neither the adults or young could be located
in July. For this reason, it Is unknown whether this pair successfully fledged young this
year.
The following parameters shall form the basis for studies to be conducted on the
on-site coastal cactus wrens and shall form the basis for the final cactus wren mitigation
program development. In that a study to document characteristics of wren habitat is to
precede the determination of the ultimate appropriate restoration measures for this target
species, the guidelines below should be considered a working framework with minimal
milestones to be finalized at the subsequent specific plan stage.
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1. Three pairs of coastal cactus wrens are to be protected within the S4 open
space Identified in Figure 1. This open space Is to be fenced along the
development sides to prevent general access.
2. A monitoring program shall be Implemented to characterize habitat
requirements of coastal cactus wrens. The study shall include an analysis
of the three cactus wren pairs in open space S4 as well as the one pair to
be Impacted in the southern development area. The monitoring program
shall run for a period of one year commencing In October 1992. An
Interim report, shall be prepared to detail the results of the first 6 months
of monitoring. This report shall be completed no later than May 1993 and
shall be submitted to the City, USFWS, and CDFG. The results of this
report shall be used to establish mitigation criteria for SPA approvals. A
final report Is to be completed no later than December 1993 and shall form
the basis for final mitigation designs and grading permit issuance in the
development area supporting the cactus wren pair. The program shall
include the following:
a) Weekly monitoring and home-range use studies of each of the 4
territories shall be conducted for a period of no less than 2
hours/terrltory/interval. Monitoring periods are to be staggered to
ensure all diurnal periods are covered for each pair. Studies are to
include a documentation of activity budgets (ie, foraging, displaying,
defending, roosting, breeding, etc.), an identification of time spent
on each primary plant taxa occurring within the territory, and an
identification of home-range size, shape and location over the course
of the year using occurrence frequency data.
b) Vegetation characterization of each home.range is to be completed
during the pre-breeding spring months of 1993. This work shall
include a documentation of percent composition of various
elements, frequency distribution of elements, height structure, and
similarity between territories. Work is to be completed along 50
meter line intercept transects distributed randomly within home-
ranges. The number of transects to be used In each territory shall
be determined based on territory size and homogeneity.
c) An analysis of existing territory sizes and composition and
recommendations for restoration of a territory within open space S4
as a compensation territory. This recommendation shall be based on
observed activities and conditions within occupied territories and
shall include a consideration of "favored" habitat elements and
territorial boundary Interactions. The report shall also consider
existing restoration technology and shall make recommendations as
to the most appropriate restoration techniques to maximize success.
This report shall include a habitat restoration plan which provides
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specific guidance on creating a suitable habitat for cactus wrens and
appropriate maintenance, monitoring and success milestones.
3. In addition to normal sage scrub habitat restoration, the mitigation program
shall include the transplant of suitable large cholla cactus from areas to be
disturbed into the S4 mitigation area. The size, placement and number of
cacti shall be dictated by the findings of the monitoring program.
4. Subsequent to the restoration, the mitigation area Is to be monitored for a
period of 3 years to ensure successful establishment of the habitat. The
monitoring program Is to include both a vegetation and wildlife monitoring
component. Monitoring is to be completed during the spring season and
monitoring reports are to be submitted within one month of the
completion of each monitoring period. The reports shall document the
status of the site and any measures required to bring the site into
conformance with established maturation milestones.
These measures would reduce impacts to the cactus wren to below a level of significance.
Mitigation of wetland impacts is to be primarily accomplished by avoidance
measures. It is estimated that 0.5 acre of dry alkaline marsh occurs within the southern
parcel in an area which cannot be avoided by the project work. In order to compensate
for this impacted habitat, additional wetlands of a similar type will be creased within an
area designated as open space in the southwestern portion of the north parcel (Figure
1). This area totals approximately 10 acres and supports a very narrow channel bounded
by non-native grassland upstream of an existing pond. This mitigation site would involve
the reconfiguration of the northern development envelope at this location to eliminate
encroachment by 5 lots.
A small detention basin is to be constructed on this channel to create a seasonal
impoundment pond. The basin will be revegetated by Mulefat, San Diego Marsh Elder,
and Southwestern Spiny Rush. Similar habitat occurs elsewhere on this channel and as
such, it Is expected that such mitigation may be readily accomplished in this location.
Mitigation is to be completed on a 1: 1 area and value basis as recommended by the DEIR.
These measures would reduce wetland impacts to below a level of significance.
San Diego Marsh Elder is to be used as a primary component In the creation of
a 0.5 acre wetland mitigation site within open space area Nl. (See Figure 1 to the
Addendum.) This species has been used very successfully In restoration programs and
has been planted by seed as well as by container units. The mitigation program shall
ensure that a minimum of 1:1 numerical replacement of plants impacted shall occur
within the created wetland area. The mitigation area shall use both seed and container
stock In the restoration program. Successful completion of this mitigation measure shall
be the survival of not less than 30 individuals of this species at the restoration site over
a 5 year period. Annual monitoring shall be conducted for a period of 5 years during the
spring with reports being submitted within one month of each monitoring to the City.
This mitigation measure meets the identified objectives of the EIR mitigation
5 -12
requirements. Implementation of these measures would reduce San Diego marsh elder
Impacts to below a level of significance.
Southwestern Spiny Rush is to be used as a primary component In the creation
of a 0.5 acre wetland mitigation site within open space area Nl. This species has been
used very successfully In restoration programs and has been planted by seed as well as
by container units, although seeding appears to work best. The mitigation program shall
ensure that a minimum of 1:1 numerical replacement of plants impacted shall occur
within the created wetland area. The mitigation area shall make use of site collected seed
in the restoration program. Successful completion of this mitigation measure shall be the
establishment and survival of not less than 15 individuals ofthls species at the restoration
site over a 5 year period. Annual monitoring shall be conducted for a period of 5 years
during the spring with reports being submitted within one month of each monitoring to
the City. This mitigation measure meets the Identified objectives of the EIR mitigation
requirements. Implementation of these measures would reduce southwestern spiny rush
Impacts to below a level of significance.
The Mitigation Concept Plan proposes to preserve the Otay Tarplant in the
southeastern corner of the western half of the southern parcel, where the most dense
population of Otay Tarplant currently exists. Approximately 10 acres of proposed
residential development would be set aside and 5 acres of open space proposed for
development would be left as open space, for a total preserve of 15 acres, in addition to
the existing SDG&E right-of-way of approximateiy 8 acres. The proposed mitigation area
would Include approximately 42,000 (29%) of the 144,000 plants occurring within the
southern parcel. An additional 11,000 plants occur outside of the project area, within
the SDG&E corridor. This mitigation program would attempt to enhance this population
through creation of a biological preserve and management efforts to plant new seedlings
and remove aggressive competitive exotic species. A long-term monitoring and
maintenance program would be implemented as part ofthe overall program pursuant to
a Memorandum of Agreement (MOA) to be entered into with the Department of Fish &
Game prior to SPA Plan approval. The MOA shall be required for any take of Otay
Tarplant. The MOA will Include a detailed mitigation plan, and it will be part of the
applicant's SPA Plan review. Notwithstanding these mitigation efforts, the impact to the
Otay Tarplant Is not mitigated to below a level of significance at this time.
Palmers' Grappling Hook occurs in a number of areas within the southern
development and significant impacts to this species cannot be mitigated to below a level
of significance with the project as proposed.
Residual Si\:nificant Effects
With the implementation of these mitigation measures, the DEIR mitigation
conditions and issues raised by the U.S. Fish and Wildlife Service and California
Department of Fish and Game are believed to be met for the south parcel development
program with the exception of the outstanding significant loss of Otay Tarweed and
Palmer's Grappling Hook. The program includes measures which will require further
s~13
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consideration and specificity at the Sectional Plan Area Plan level. These Include the
following:
1. Refinement of the Diegan Sage Scrub open space preservation boundaries
to Insure the specific Inclusions of all resource elements necessary to meet
mitigation requirements.
2. Development of a site specific mitigation plan for the creation of 0.5 acre
of wetlands in open space Nl, as identified in Figure 1 to the Addendum.
3. Development and approval of a specific mitigation plan for coastal cactus
wren habitat based on the results of the Interim report on the cactus wren
study.
Northern Portion
Table 3.3-8 of the Draft EIR contains a list of mitigation measures for Individual
species located on the project. A reduction in the identified impacts in the northern
parcel could take place through adoption of a mitigation plan incorporating a redesign,
consistent with Table 3.3.8. However, the applicant has not agreed to a redesign
Incorporating the guidelines set forth In Table 3.3-8 due to the lack of specificity of the
measures listed on Table 3.3-8. However, the applicant has utilized Table 3.3-8 as a basis
for the preparation of a proposed mitigation plan for the northern parcel. The proposed
northern mitigation plan, which is set forth below, includes defined criteria to enable the
applicant to prepare a redesign of the northern portion at the SPA Plan review level. The
redesign would be fully addressed in a Supplemental EIR for the applicant's SPA Plan and
the City, as the lead agency, shall retain full and final discretionary review and approval
authority.
Northern Mitii!ation Plan
As indicated in Tables 3.3'5 (habitat impacts), 3.3-6 (plant impacts) and 3.3-7
(wildlife impacts), the project, as proposed, would significantly impact sensitive vegetation
habitat, six sensitive plant species and two sensitive wildlife species. Specifically, the
proposed project would significantly impact the following:
1. Diegan coastal sage scrub;
.2. Dry marsh and mulefat shrubland wetlands;
3. Non.native grassland containing sensitive
plant species;
4. California gnatcatcher;
5. Cactus wren;
S --14
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6. Otay tarplant;
7. Coast barrel cactus;
8. Palmer's grappling hook;
9. California adolphia;
10. San Diego marsh elder; and
11. Spiny rush.
The biological significance of the Northern Parcel from a regional standpoint is
acknowledged. The Draft EIR states on pg. 3-3-27 that:
"The Rancho San Miguel site supports one of the richest and most diverse
assemblages of unique and sensitive biological resources in Southern
California. Thirteen sensitive plant species and twenty sensitive animal
species are known to occur on the project site. Additionally, the site is
potentially the single largest concentration of California gnatcatchers in
southern California, and may support the largest known population of Otay
tarweed In San Diego County. Regionally, significant populations of coast
barrel cactus and San Diego cactus wren are also present onsite.
Individually, many of the 33 sensitive species found on the site would be
considered significant resources. The high diversity and large population
sizes of these resources compounds the significance of the site for
biological resources.
The location of the site is also important In that it lies within a larger block
of contiguous open space to the north, east and south, and is adjacent to
one of the large5t populations of the federally endangered least Bell's vireo,
which occurs along the upper reaches of the Sweetwater Reservoir. The
northern portion of the project Is contiguous with an existing gnatcatcher
population occurring throughout the Sweetwater River Valley to just above
Singing Hills Golf Course that likely exceeds 150 pair. This could represent
as much as 10 percent of the U.S. population of gnatcatchers. The
northern portion of the site serves as a major movement corridor between
the Otay Mesa area to the south and the Sweetwater Reservoir."
Because the proposed project is at a General Development Plan ('GDP') level of
review, a ''worst case" approach was used to Identify impacts to biological resources to
the entire project. This approach assumed that each entire lot within the large lot
development areas In the north would be fully impacted by development.
Under the California Environmental Quality Act ('CEQA"), the measures which
could minimize Identified impacts to biological resources in the northern parcel include
the adoption of alternatives to the proposed project, or the adoption of a mitigation plan
~.- 15
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1Z:01 Z6/C1/01
incorporating a redesign of the northern parcel. Two of the project alternatives
identified in the Draft EIR, the biologically sensitive alternative and the south only
development alternative, would eliminate all proposed development on the northern
parcel. Under each of those alternatives, the entire 1,852-acre northern parcel would be
part of an open space area encompassing Mother Miguel Mountain. See, Draft EIR,
Section 5. These two alternatives would eliminate impacts to sensitive species and
biological corridors in the northern parcel.
Aside from the identified project alternatives, a reduction in the identified impacts
could take place through adoption of a mitigation plan incorporating a redesign of the
northern parcel. The project applicant is proposing to reduce identified impacts to
biological resources through adoption of a mitigation plan for the northern parcel.
The mitigation plan for the northern parcel is intended to be developed further
at the SPA Plan level of review, which is the next phase of the environmental review
process for the project. At the initial GDP level of review, however, it is important to
establish the mitigation criteria and planning framework to ensure that a programmatic
mitigation plan is provided. In this way, the planning context is in place for completion
of the mitigation plan at the SPA Plan level. The final mitigation plan will be open to
subsequent review and environmental analysis by the City of Chula Vista, federal and state
reviewing agencies and all other interested persons.
The mitigation plan, which will be made part of the applicant's Sectional Planning
Area ("SPA") Plan, shall satisfy all of the criteria set forth below.
Miti~ation Plan
1. Commitment to Prepare Mitigation Plan
The project applicant shall prepare a SPA Plan-level mitigation plan that
incorporates a redesign of the proposed development in the northern parcel,
emphasizing a resource preserve design. Coordination with personnel from the U.S. Fish
and Wildlife Service ("USFWS"), the Department of Fish and Game ("DFG"), the City of
Chula Vista and the County of San Diego shall take place during preparation of this
mitigation plan. The SPA Plan-level mitigation plan shall be prepared, analyzed and
Included in a Supplemental Environmental Impact Report ("ErR") for the applicant's SPA
Plan. The City of Chula Vista, as the lead agency, shall retain final discretionary review
and approval authority with respect to the mitigation plan and Supplemental EIR for the
SPA Plan.
The SPA Plan-level mitigation plan shall not be approved prior to May 1, 1994, the
date by which the South County Natural Community Conservation Plan (NCCI') is
anticipated to be adopted by the City of Chula Vista and approved by the DFG and
USFWS. In the event that the South County NCCP is not adopted and approved by the
City of Chula Vista, the DFG and the USFWS on or before May 1, 1994, the project
applicant and the City have agreed to pursue completion and approval of the South
County NCCP beyond the May 1, 1994 expiration date; however, after the expiration date,
16
the applicant may make a request to the Chula Vista City Council to consider allowing
the applicant to proceed with a SPA-level mitigation plan. It is acknowledged that the
foregoing time period relating to the SPA-level mitigation plan does not apply to or
restrict the applicant's processing of a SPA Plan for the southern parcel.
It Is further acknowledged that:
(a) The SPA Plan-level mitigation plan and the South County Natural
Community Conservation Plan are not necessary or required for the
northern parcel or any other subsequent discretionary project approval in
the event the northern parcel is subsequently dedicated as permanent
natural open space or included in a mitigation bank.
(b) The SPA Plan-level mitigation plan shall be considered prior to annexation
of the northern parcel into the Chula Vista corporate boundary.
(c) Preparation of the SPA Plan-level mitigation plan shall be a condition of
approval of the San Miguel Ranch GDP, consistent with the criteria set forth
below.
2. Criteria to be Used in Evaluating the Mitigation Plan
The South County NCCP, if completed and approved, may preclude development
of the northern parcel, or may provide for different criteria and standards for the
preservation and enhancement of on-site biological resources. If it does not, the criteria
set forth below shall be used in creating the SPA Plan-level mitigation plan.
In preparing the SPA Plan-level mitigation plan, the project applicant shall use the
guidelines set forth below as the applicable criteria for mitigating impacts to the identified
biological resources in the northern parcel. The following criteria shall constitute the
minimum level of preservation required for the designated species in preparing the SPA
Plan-level mitigation plan. The applicant also specifically acknowledges that the actual
level of mitigation could be as much as 100 percent preservation for some species in
order to achieve a finding that the impacts fall below a level of significance under CEQA.
This significance determination shall be made a part of the Supplemental EIR for the
applicant's SPA Plan.
(i) Diegan coastal sage scrub Impacts to onsite coastal sage scrub cannot be
mitigated with the project as proposed.
Sensitive species that are a part of this habitat
onsite include important populations of coast
barrel cactus, Munz's sage, California
gnatcatcher and cactus wren. These species are
concentrated in the coastal sage scrub habitat
designated for development under the project,
as proposed. The project must be redesigned to
17
(Ii)
preserve at least 85% of all on-site coastal sage
scrub habitat in contiguous, unfragmented
areas. Any loss of coastal sage scrub shall be
mitigated on-site through the creation of open
space preserves at a mitigation ratio of 4:1, and
subject to a long term maintenance and
management program or, if on-site mitigation is
infeasible or inadequate, may require either
restoration of disturbed coastal sage scrub
habitat on-site, or acquisition of off-site
mitigation areas at a ratio of at least 1: 1, subject
to a long term maintenance and management
program. This measure will reduce, but not
completely avoid, significant and unmitigable
impacts. Reduction to insignificance can only
be attained through on-site preservation of all
coastal sage scrub on the northern parcel.
While the range of potential on-site and off-site
mitigation measures is greater than that
proposed for the southern parcel, it is justified
by the greater bio-diversity on the northern
parcel, which makes this area a much more
important regional location for Diegan coastal
sage scrub habitat.
Wetlands
Impacts to wetlands cannot be mitigated with
the project as proposed. The wetlands occur
within the site drainages of the north parcel. At
the GDP review level, the worst case scenario
for impacts was assumed within large lot
development areas in the northern parcel which
included the assumption that each entire lot
would be impacted by development. The Draft
EIR specifically notes that impacts in the
northern parcel can be reduced significantly,
and that impacts must be avoided to the extent
practicable. The reduction of impacts would
occur during the SPA Plan review level, and any
impacts may require a 1603 agreement and
possibly a 404 permit. Until these minimization
measures are resolved at the SPA level, a specific
revegetation plan cannot yet be developed.
The recommended mitigation replacement ratio
is a minimum of 1:1. This ratio is based upon
the generally low to moderate quality of
wetland habitats being impacted, and is not
18
(Iii) Non-native grassland
(iv) California gnatcatcher
inconsistent with acceptable mitigation
measures for impacts to similar quality wetlands
in southern California. The ratio is considered
the minimum to meet the "no net loss" criteria
for both federal and state reviewing agencies.
See below for mitigation criteria relating to
Palmer's grappling hook and Otay tarplant.
Impacts to the California gnatcatcher cannot be
mitigated with the project as proposed.
Mitigation for losses of the California
gnatcatcher can be accomplished only through
dedication of important tracts of the species'
habitat into natural open space. These tracts
must be linked in a network to allow for the
birds' dispersal, maintenance of populations
sufficiently large to be self-sustaining, and
population recovery after the fires which
inevitably sweep through native scrub. Because
Ranch San Miguel is a major part of a core
habitat, reductions to below a level of
significance can be accomplished only through
a project redesign that leaves a significant
majority of the pairs and their habitat in natural
open space. The project shall be redesigned to
leave at least 80% of the existing pairs, 80% of
occupied gnatcatcher habitat, and 50% of
unoccupied potential breeding gnatcatcher
habitat in natural, contiguous, unfragmented
open space. Any losses of existing pairs,
occupied gnatcatcher habitat, or unoccupied
potential breeding gnatcatcher habitat shall
require mitigation on-site through the creation
of permanent open space preserves at a
mitigation ratio of 2:1, and subject to a long
term maintenance and management program,
or, if on-site mitigation is infeasible or
inadequate, may require acquisition of off-site
mitigation areas at ratio 1:1, subject to a long-
term maintenance and management program.
This measure will reduce, but not completely
avoid, significant and unmitigable biological
impacts. Reduction to insignificance can only
be attained through on-site preservation of all
existing pairs, occupied gnatcatcher habitat, and
unoccupied potential breeding gnatcatcher
19
habitat on the northern parcel. While this
mitigation ratio of 2:1 is greater than that
proposed for the southern parcel, it is justified
by the greater bio-diversity on the northern
parcel, which makes this area a much more
Important regional location for California
gnatcatchers.
(v) Cactus wren
Impacts to the cactus wren cannot be mitigated
with the project as proposed. If a significant
unmltlgable adverse impact is to be avoided, the
project must be redesigned to impact no more
than one pair of cactus wren. All remaining
occupied cactus thickets containing six pairs of
cactus wrens shall be placed within contiguous
biological open space. In addition, cactus
stands which are to be impacted by the project
will be transplanted to expand and enhance the
cactus wren populations in areas adjacent to
existing populations in the north. To determine
the appropriate mitigation area, a qualified
biologist shall monitor the activity patterns of
the impacted cactus wren and in the remaining
territories in the north to determine boundaries
of the home ranges and to characterize the
important elements of home range usage.
Subsequent to the restoration, the mitigation
area shall be monitored for a period of three
years to ensure successful establishment of the
habitat. Existing occupied thickets lie in the
west central and north portions of the north
section.
(vi) Otay tarplant
Loss of such a large population of Otay tarplant
cannot be mitigated with the project as
proposed. Therefore, if a significant adverse
impact is to be avoided, a minimum of 80
percent of this plant species should be retained
In open space, including the areas supporting
the largest number of Otay tarplant. For
impacts which go beyond the 20 percent
recommended above, a revegetation/restoration
program could be implemented which would
examine the potential for re-introducing this
species into disturbed areas within proposed
open space for the project. Any restoration
efforts would require working closely with the
20
(vii) Coast barrel cactus
CDFG. A minimum of 60 to 65 percent of the
Otay tarplant shall be retained in open space,
even if a restoration program is implemented.
Such a redesign would reduce impacts to this
species to below a level of significance.
Loss of such large populations of barrel cacti
cannot be mitigated with the project as
proposed. Therefore, if a significant adverse
impact is to be avoided, the areas supporting
the largest numbers of barrel cacti should be
excluded from the development area. These
areas are in the west-central and northwest
parts of the north section. A minimum
preservation level of 60% in situ and
transplantation of the remaining cacti to
proposed open space areas on-site shall be
required. Analysis of whether impacts are
reduced to below a level of significance shall be
undertaken prior to SPA review.
(viii) Palmer's grappling hook Significant impacts to this plant cannot be
mitigated with the project as proposed. The
project should be redesigned to retain at least
50 percent of the areas where most of the
Palmer's grappling hook occurs as biological
open space. These areas are in the west-central
parts of the northern section. Use existing
easements as possible enhancement areas.
Redesigning the project as suggested would
reduce impacts to this species to below a level
of significance.
(ix) California adolphia
(x) Marsh elder
Significant impacts to this plant cannot be
mitigated with the project as proposed. The
loss of significant populations of this plant can
be reduced only by excluding the important
plant patches from the development area. The
project should be redesigned to protect at least
50 percent in biological open space. Such
redesign would reduce impacts to below a level
of significance.
Wetlands onsite should be avoided to the extent
practicable. Unavoidable impacts could be
mitigated through a revegetation program.
21
(xi) Spiny rush
Wetlands onsite should be avoided to the extent
practicable. Unavoidable impacts to spiny rush
could be mitigated through enhancement of
wetland areas to include revegetation of spiny
rush.
3. Additional Mitigation Measures
In addition, the mitigation plan shall incorporate the following general mitigation
measures to further reduce impacts to the identified biological resources upon
implementation of a redesign of the northern parcel.
The potential loss or degradation of wetland habitat is considered
significant by CDFG. Any filling of wetlands would require a 1603
agreement between the project applicant and CDFG. A pre-discharge
Notification would have to be submitted to the Army Corps of Engineers
(ACOE) if statutory thresholds are exceeded, and a 404 permit may be
required.
A no net loss of wetland habitat is required by CDFG and ACOE. Impacts
to wetlands must be avoided to the extent practicable. Impacts within the
project can be reduced by placement of wetlands occurring within
proposed residential lots in open space easements and providing adequate
buffers. Where impacts cannot be avoided, every effort should be made to
minimize these impacts. All unavoidable impacts shall be mitigated by
onsite creation of wetland habitat. Drainages that receive run-off from
housing may be considered for the location of created wetlands.
Minimization of impacts could be accomplished with a comprehensive
program to replace and enhance wetland habitat under a wetland
revegetation plan created by a wetland revegetation specialist and approved
by CDFG and ACOE, if necessary, and the City of Chula Vista. Total created
wetland would have to be at a replacement ratio of a minimum of 1:1.
Graded areas along roadways shall be hydroseeded with native plant species
consistent with surrounding natural vegetation. This would help to
minimize erosion and runoff, as well as improve the area aesthetically by
making it visually compatible with adjacent natural areas. As part of this
effort, a revegetation plan shall be developed with the help of a
revegetation specialist with experience In coastal sage scrub and similar
habitats. The Revegetation Plan shall be prepared by the applicant and a
qualified biologist.
Iceplant (Carpobrotus aequilateralus or C. edulis) shall not be used in lieu
of fire-resistant native vegetation due to the slope failures associated with
it. Importation of this plant introduces fire ants, which are known to
reduce native harvester ant population through competition and
displacement. In addition, fire ants are unpalatable to the San Diego
22
horned lizard and their introduction would reduce horned lizard
populations.
Grading activities within 100 feet of areas of identified California
gnatcatcher pairs, or their associated coastal sage scrub habitat, shall not be
conducted during the breeding or nesting season (mid-March through July
annually). Grading activities shall be supervised by a biologist.
Site preparation activities, especially staging area operations and
maintenance rows for heavy machinery, shall be restricted to areas not
being placed in open space. Carelessness on the part of equipment
operators can result in the destruction of areas that have been designated
for preservation. Areas adjacent to open space shall be fenced. A debris
fence shall be installed prior to excavation in areas where grading is up-
slope of sensitive biological habitats. These recommendations should be
incorporated into a construction monitoring program approved by the City
of Chula Vista.
Compliance with state regulations (California AB 3180) requtnng
monitoring programs f.Jr development projects would require satisfaction
of the following two objectives:
1. The final site plan must be reviewed by a qualified
biologist for the City of Chula Vista and by CDl'G for
compliance with these mitigation measures and must
also be approved by the City Council, upon
recommendation of the Planning Commission, in
conjunction with the Sectional Planning Area (SPA)
Plan.
2. Each phase of project implementation must be
reviewed by a qualified biologist for compliance with
the mitigation measures required for that phase, and
a report must be filed prior to notice of completion.
4. NCCP Requirement
The mitigation plan shall be consistent with the sub-regional Natural Communities
Conservation Planning Program (NCCP) for Coastal Sage Scrub in southern San Diego
County, otherwise known as the South County NCCP, unless the applicant is granted
permission by the City Council to proceed with the SPA-level mitigation plan pursuant
to criteria established in Sections 1 and 2 above.
The project applicant, the City of Chula Vista and the County of San Diego have
each entered into "Enrollment Agreements" with the DFG for the South County NCCP
Plan. This Plan, which is authorized by state law (Fish and Game Code ~~2800 et seq.),
is sponsored by the California Resources Agency and the DFG and will be implemented
23
in cooperation with the USFWS. Close cooperation between the three agencies in the
NCCP process is ensured through a Memorandum of Understanding entered into between
the agencies on December 4, 1991.
The South County NCCP Plan is intended to identify and provide for the sub-
regional protection and perpetuation of coastal sage scrub habitat and designated "target"
species supported by that habitat while, at the same time, allowing compatible and
appropriate development and growth, as set forth in Section 2805 of the Fish and Game
Code. The purpose for enrolling in this plan is to: (a) complete the field surveys,
research and planning necessary to prepare a long-term habitat management plan within
the designated preserve area; and (b) protect enrolled coastal sage scrub habitat during
the IS-month planning period for the plan, which began on May 1, 1992.
The South County NCCP Plan is also intended to be consistent with the findings
and declarations contained in the enabling legislation. These findings declare that the
NCCP process will achieve a number of significant public benefits, including:
(a) promoting coordination and cooperation among public agencies, landowners and
other private interests; (b) providing a mechanism for landowners and development
proponents to effectively participate in the resource conservation planning process;
(c) providing regional planning focus which can effectively address cumulative impact
concerns, minimize wildlife habitat fragmentation and promote multiple species
management and conservation; (d) providing an option for identifying and ensuring
appropriate mitigation for impacts on fish and wildlife; (e) promoting the conservation
of broad based natural communities and species diversity; and (f) providing for efficient
use and protection of natural and economic resources while promoting greater public
awareness of important elements of the state's critical resources.
To implement these legislative findings, the planning process will focus on
preparation and approval of the South County NCCP Plan to ensure the long-term
protection and perpetuation of a sufficient amount of coastal sage scrub habitat within
a designated preserve area to ensure the long-term survival of designated "target" species
associated with that habitat. The target species for coastal sage scrub include the
California gnatcatcher, cactus wren and orange-throated whiptail.
Figure 1 is a Concept Plan of the San Miguel Ranch site. This figure shows the
boundary of the northern portion of the project which has been enrolled in the South
County NCCP Plan.
The applicant has already completed biological field surveys and is continuing to
study the northern parcel as required by the Scientific Review Panel (SRP), which was
formed in connection with the recently enacted NCCP legislation. Any additional
biological field surveying will be consistent with those guidelines to be applied to the
property and approved by the SRP.
The South County NCCP Plan will include the following components: (a) a sub-
regional habitat description and analysis (with clearly mapped boundaries); (b) a defined
preserve area; (c) long-term conservation and management strategies; and (d) techniques
24
for Implementation of coastal sage scrub habitat protection measures, including a
mitigation monitoring program that complies with CEQA.
The City of Chula Vista shall review the South County NCCP Plan as it applies to
the applicant's northern parcel concurrent with its approval of the SPA Plan for the
Northern Parcel. During that review process, the City will consult with the County of San
Diego, State Department of Fish & Game (DFG) and U.S. Fish & Wildlife Service (USFWS)
to the extent that the approved NCCP provides for such review. The City Council shall
make the final determination that the proposed SPA plan for the Northern Parcel is
inconsistent with the approved South County NCCP.
The review and final approval process for the South County NCCP Plan is
anticipated to take place within a 24-month NCCP planning period, which commenced
on May 1, 1992 and expires on May 1, 1994. After the expiration date, the applicant may
make a request to the Chula Vista City Council to consider allowing the applicant to
proceed with the SPA-level mitigation plan.
Findinl!
At the GDP review level, the impacts to the biological resources on the southern
parcel shall be construed as significant and unmitigated. However, it is acknowledged
that the City will review the mitigation plan for the southern parcel at the SPA Plan level
to determine whether or not the criteria set forth in the southern mitigation plan is
satisfied. If the criteria is satisfied at the SPA Plan level, it is further acknowledged that
all impacts to biological resources on the southern parcel will be mitigated to below a
level of significance with the exception of Impacts to the Gtay Tarplant and Palmer's
Grappling Hook. If, however, the criteria set forth in the plan is not met at the SPA Plan
level, the impacts to biological resources on the south parcel shall remain significant.
Until the mitigation plan for the northern parcel is fully completed, and until that
plan is incorporated and analyzed in a Supplemental EIR for the applicant's northern SPA
Plan, the proposed development of the northern parcel shall be construed as resulting
in significant, unmitigated impacts to the identified biological resources. At the SPA Plan
review level, a subsequent CEQA "significance" determination shall be made as to whether
the redesign of the northern parcel would result in mitigating impacts to the identified
biological resources to below a level of significance.
Specific economic, social, or other considerations make infeasible the mitigation
measures or project alternatives identified in the Final EIR (see Section VI of these
findings). Only the "No Project" alternative would avoid all of the identified biological
impacts. The Biologically Sensitive Alternative would reduce the impacts, but not to a
level below significance. Section VIII of this document contains the Statement of
Overriding Considerations (pursuant to CEQA Guidelines Section 15093) which indicates
that the decisionmakers have weighed the benefits of the project against the identified
significant unmitigated environmental effects.
25
C. CUMUIATIVE IMPACTS
1. AIR QUALI1Y
Impacts
Development of either the original project or the Mitigation Concept Plan would
contribute to an unmitigated cumulative air quality impact on regional air quality because
the proposed development was not considered when the regional air quality attainment
plans were formulated for the 1982 SIP revisions for San Diego region. This conclusion
also applies to any of the project alternatives. The updated SIP planned for release in
1992 will include the proposed project.
Project emissions in NOx, reactive organic gases (ROG) and PMI0 from vehicular
and stationary sources will add to existing exceedances of state and federal ozone
standards. Because San Diego currently exceeds air quality standards for several
pollutants, any additional emissions will contribute to San Diego's inability to meet stated
standards. Therefore, these air quality impacts are considered to be cumulative and
significant.
Mitigation Measures
The following methods shall be incorporated into development design to reduce
ROG,NOx and PMIO emissions:
o All residential units shall use solar energy with back-up low NOx water
heaters.
o Low-NOx commercial-size water heaters shall be installed in all the larger
onsite facilities, along with solar panels.
o Residential and larger facility gas-fired furnaces shall be outfitted with heat
transfer modules providing a 70 percent reduction in NOx emissions.
o Incorporate in the landscape design low natural hydrocarbon (NHC)
producing plant species (also requiring little water), such as cape myrtle
and Chinese elm.
To reduce air pollutant emissions from the proposed Rancho San Miguel
development, natural gas water heaters installed at residential units could be equipped
with solar collectors such as flat plate solar panels.
Solar systems normally can provide sufficient water heating capacity during the
sunny seasons. Natural gas-fired water heaters would continue to be used to supplement
the solar component. On a yearly basis, solar energy could provide abut 52 percent of
the energy needed for a given water heating system (SCAQMD 1989) and thus effectively
reduce total annual pollutant emissions from water heaters by 52 percent.
26
There are four basic tactics for the mitigation of air quality presented as part of
San Diego's attainment plans (APCD 1986): traffic flow improvements, rides haring,
bicycling, and mass transit. Of the four, the project, as proposed, incorporates bicycling
and traffic flow improvements as detailed in the City of Chula Vista Transportation
Phasing Plan (fPP). The following additional mitigation measures shall be implemented
to reduce vehicular emissions impacts:
o A ridesharing program shall be implemented within the Rancho San Miguel
development.
o Funding shall be provided by the Rancho San Miguel project to subsidize
increased bus service in the vicinity of the proposed project.
o Bicycle paths shall be included along roads as means of alternate
transportation.
In accordance with the Growth Management Program adopted by the City of Chula
Vista on April 23, 1991 (Resolution No. 16101), an Air Quality Improvement Plan shall
be prepared by the project applicant at the SPA Plan level.
Findinl!:
Specific economic, social or other considerations make infeasible the mitigation
measures or project alternatives identified in the Final EIR (see Section VI of these
findings). Only the "No Project" alternative would avoid this impact. Section VIII of this
document contains the Statement of Overriding Considerations (pursuant to CEQA
Guidelines Section 15093) which indicates that the decisionmakers have weighed the
benefits of the project against the unmitigated significant environmental effects.
2. CONVERSION OF OPEN SPACE
Impacts
Development of either the original project or the Mitigation Concept Plan would
contribute to an incremental increase in the area's conversion of open space to urban
land uses. The City's General Plan designates the proposed project as a developable area.
Incorporation of permanent natural open space into the project design would offset some
of the impacts related to conversion of open space to urban uses. Despite these general
mitigation measures, both the original project and the Mitigation Concept Plan would
contribute to a significant, unmitigated cumulative land use impact.
Mitil!:ation Measures
No project-specific mitigation measures are proposed, although the incorporation
of natural open space into the project design and the dedication of open space easements
to the City would reduce the level of impact, but not to below a level of significance.
27
Findings
Specific economic, social or other considerations make infeasible the mitigation
measures or project alternatives identified in the Final EIR (see Section VI of these
findings). Only the "No Project" alternative would avoid this cumulative impact. Section
VIII of this document contains the Statement of Overriding Considerations (pursuant to
CEQA Guidelines Section 15093) which indicates that the decisionmakers have weighed
the benefits of the project against the significant, unmitigated environmental impacts.
3. LANDFORM/VISUAL QUALI1Y
Impact
The development, in combination with various development projects in the area,
would unavoidably contribute to a significant cumulative effect on the existing natural
landform and the area's visual quality. This impact would occur with either the original
project or the Mitigation Concept Plan.
Miti~ation Measures
General mitigation measures being incorporated into this project and other
development projects in the area would serve to offset some of the identified
landform/visual quality impacts. These mitigation measures include a review of grading
plans by a licensed civil engineer, adherence to city grading ordinances and hillside
development guidelines, contour grading, slope revegetation and restrictive grading to
the building pad. Nevertheless, the project, in combination with other development
projects in the area, would still contribute to a significant incremental cumulative change
in natural landforms and visual quality in the area.
Findinl!S
Specific economic, social or other considerations make infeasible the mitigation
measures or project alternatives identified in the Final EIR (see Section VI of these
findings). Only the "No Project" alternative would avoid this cumulative impact. Section
VIII of this document contains the Statement of Overriding Considerations (pursuant to
CEQA Guidelines Section 15093) which indicates that the decisionmakers have weighed
the benefits of the project against the significant, unmitigated environmental impacts.
4. BIOLOGY
Impact
The development would contribute to a significant incremental cumulative loss of
quality biology habitat In the region. This impact would occur with either the original
project or the Mitigation Plan Concept.
28
Mitigation Measures
Revegetation efforts, onsite and oftSite re-creation of habitats and offSite habitat
preservation programs can oftSet the identified cumulative impact to biological resources.
Despite mitigation measures taken to preserve biological resources in this project and in
other related development projects, the Impact of this project and other development
projects on sensitive species and habitat is cumulative and significant.
Findlnl!5
Specific economic, social or other considerations make infeasible the mitigation
measures or project alternatives identified in the final EIR (see Section VI of these
findings). Only the "No Project" alternative would avoid this cumulative impact. Section
VIII of this document contains the Statement of Overriding Considerations (pursuant to
CEQA Guidelines Section 15093) which indicates that the decision makers have weighed
the benefits of the project against the significant, unmitigated environmental impacts.
5. ARCHAEOLOGY
Impact
The development, in combination with the various development projects in the
area, would unavoidably contribute to a significant cumulative adverse effect on existing
cultural resources through grading, excavation and construction activities, and expose
unprotected sites in open space areas to degradation due to increased human
recreational activity.
Mitigation Measures
Despite mitigation measures such as monitoring grading activities by qualified
archaeologists and paleontologists, protective easements around areas of regional
archaeological/historical importance and/or data recovery programs at sites which will be
affected by development-related construction or recreation activities, there is still a
significant cumulative effect upon cultural resources.
Findings
Specific economic, social or other considerations make infeasible the mitigation
measures or project alternatives identified in the Final ErR (see Section VI of these
findings). Only the "No Project" alternative would avoid this cumulative impact. Section
VIII of this document contains the Statement of Overriding Considerations (pursuant to
CEQA Guidelines Section 15093) which indicates that the decisionmakers have weighed
the benefits of the project against the significant, unmitigated environmental impacts.
29
6. WATER SUPPLY
ImDact
The development would contribute to an incremental significant cumulative impact
on the region's limited water supply, as would any development on the site.
Development along the Sweetwater River could also cumulatively impact recreational uses
of the waterway and have an adverse affect on native plants that are part of the sensitive
estuary system at the mouth of the river. These impacts apply to both the original
project and the Mitigation Concept Plan.
Mitigation Measures
No project-specific mitigation measures are proposed.
Findings
Specific economic, social or other considerations make infeasible the mitigation
measures or project alternatives identified in the Final ErR (see Section VI of these
findings). Only the "No Project" alternative would avoid this cumulative impact. Section
VIII of this document contains the Statement of Overriding Considerations (pursuant to
CEQA Guidelines Section 15093) which indicates that the decisionmakers have weighed
the benefits of the project against the significant, unmitigated environmental impacts.
7. NONRENEWABLE ENERGY RESOURCES
Impact
The development would contribute to a significant cumulative increase in the
demand for nonrenewable energy resources. This conclusion applies to both the original
project and the Mitigation Concept Plan.
Mitig:ation Measures
No project-specific mitigation measures are proposed.
Findings
Specific economic, social or other considerations make infeasible the mitigation
measures or project alternatives identified in the Final ErR (see Section VI of these
findings). Only the "No Project" alternative would avoid this cumulative impact. Section
VIII of this document contains the Statement of Overriding Considerations (pursuant to
CEQA Guidelines Section 15093) which indicates that the decision makers have weighed
the benefits of the project against the significant, unmitigated environmental impacts.
30
IV. SIGNIFICANT MITIGATBD IMPACTS
A. lAND USE -- GENERAL PIAN CONSISTENCY
Imoact
With regard to "Land Use/General Plan Consistency," the Draft Em concluded that
the applicant's originally proposed project was inconsistent with the Chula Vista General
Plan and therefore resulted in significant and unmitigated impacts. The General Plan
land use consistency issues were outlined in a staff report dated July 24, 1991 entitled,
"San Miguel Ranch General Consistency Analysis." This report was used to prepare the
Draft EIR. Thereafter, in preparation for the Planning Commission workshop held on
April 1, 1992, City staff updated its prior report on the General Plan consistency issues.
This updated report outlined both the City staff and applicant positions with respect to
the General Plan consistency issues. The sections of the General Plan which were
discussed in the report were as follows: Section 4.1 Residential Density Categories;
6.1 Defining Development Areas; 6.2 Establishing Residential Densities Within the Range;
6.3 Clustering of Residential Development; 6.5 Hillside Development; and 7.7 Land
Development (Landform Grading). At the April 1, 1992 workshop meeting, the applicant
presented a refined project now known as the Mitigation Concept Plan which, with
further minor revisions, is the proposed project that the applicant is requesting be
adopted by both the Planning Commission and the City Council instead of the originally
proposed project.
The Mitigation Concept Plan addresses the General Plan consistency issues
associated with the southern portion of the project. City staff has prepared an updated
"consistency analysis" to assess the refinements made in the Mitigation Concept Plan.
This latest update is found in the staff report to the GDP and in an issue paper entitled,
"Mitigation Concept Plan General Plan Consistency Issues," which is an exhibit to the staff
report to the Planning Commission. Based upon this analysis, City staff has concluded
that four of the six original General Plan consistency issues remain significant and
unmitigated, while two of the issues have been reduced in scope or can be further
analyzed at the SPA Plan review level, due to changes made in the Mitigation Concept
Plan.
In addition, the applicant has modified its position regarding two of the six
outstanding General Plan issues. Specifically, the applicant has reconsidered its position
with respect to lot sizes under "Character of Development," by agreeing to redesign the
minimum 8,000 square foot lots to minimum 9,000 square foot lots prior to SPA Plan
approval. The applicant has also agreed to adjust the lot sizes in Planning Area 8 from
clustered to mid-size lots, with the reduction in density of 9 units being added to
Planning Area 4. Finally, the applicant has agreed not to exceed the mid-point density.
By making these three concessions, the General Plan consistency issues have been
reduced to four issues. They are: Character of Development (Section 4. I, Land Use
Element); Establishment of Residential Densities (Section 6.2, Land Use Element);
Clustering of Residential Development (Section 6.3, Land Use Element); and Hillside
Development (Section 6.5, Land Use Element).
31
For purposes of these findings, all six of the General Plan consistency issues are
discussed further below.
1. Character of Development (Section 4.1 of the Land Use Element)
Section 4.1 of the General Plan establishes the residential land use categories and
the range of density permitted within the category. A Residential Low designation exists
over all of the project, excluding the small portion south of H Street. Section 4.1 states
that: "This category includes single-family detached dwellings on large rural, and estate-
type lots. This is the predominant character of existing residential neighborhoods within
and adjacent to the Sweetwater Valley."
The proposed project is located within the Eastern Territories Area Plan. With
respect to "residential character" section 5.1 of the Eastern Territories Area Plan states:
"the Eastern Territories is seen as an extension of the residential character of the existing
areas of Chula Vista. The predominant residential type is single-family detached in the
low and low-medium residential density categories. Neighborhoods that are characterized
by this single-family density are located throughout the Eastern Territories."
The General Plan does not restrict any lot size other than for clustered lots which
must be a minimum of 7,000 square feet. The proposed lot sizes in the Low Residential
areas of the project include:
(a) 3/4 acre minimum, average 1 acre;
(b) 15,000 square foot estate lots, average 20,000 square
feet;
(c) 10,000 square foot estate lots, average 14,000 square
feet;
(d) 8,000 square foot luxury lots, average 12,000 square
feet; and
(e) 7,000 square foot clustered lots, average 9,800 square
feet.
Development in the existing areas of the City and in the Eastern Territories
predominantly contain lots with frontages of 50-60 feet and lot sizes ranging from a
minimum of 7,000 square feet in the Residential Low category. Typical lots in the
Sweetwater alley area range from a minimum of 9,000 square feet, although with
expanded lot widths. The applicant has used this information to proposed wider lots
than currently exist in the Eastern Territories, and lot sizes consistent with those in the
Sweetwater Valley area. Compared to the other Eastern Territories projects such as
Sunbow, Rancho del Ray, Eastlake, Salt Creek I and Salt Creek Ranch, the proposed lot
sized for Rancho San Miguel are considerably larger than equivalent Eastern Territories
development.
City staff has concluded that the proposed 8,000-square foot mInimum non-
clustered lots is inconsistent with the "large rural, and estate-type lots" called for by the
Residential Low category. During the City Council decision on the Salt Creek Ranch GDP
32
the recommendation for a "mid-size" lot was made. As a result, staff has determined that
a lot size of a minimum 10,000 square feet would be an appropriate mid-size lot. Staff
has also concluded that the distribution of the lots within the project should include at
least 50% estate lots that meet the Residential Estate zone standard for size, 25% or more
as "mid-size" lots, and 25% as clustered lots with a minimum lot size of 7,000 square feet.
The applicant has agreed to adjust the lot sizes from 8,000 square feet to 9,000
square feet and, in Planning Area 8, from 7,000 square feet to 9,000 square feet. This
would change the lot size from clustered to mid-size lots, and would result in a reduction
of density in Planning Area 8 of 9 units. These 9 units would be added to Planning Area
4, as additional clustered lots. Through this adjustment, the lot size distribution would
be as follows:
Minimum Number Percentage of
Lot Size of Lots Area Lots Area
Estate
3/4 acre 357 357.1 23% 41%
15,000 sf 174 92.4 11% 11%
Mid-Size
10,000 sf 81 33.1 5% 4%
9,000 sf 455 209.3 29% 24%
Cluster
7,000 sf 491 182.3 32% 21%
As a result of the foregoing changes, the applicant has provided 34% of the lots
and 52% of the area as estate lots, 34% of the lots and 28% of the area as mid-size lots,
and 32% of the lots and 21% of the area as cluster lots. Although this is not fully
consistent with the staff recommendation, the overall lot sizing and area use age is
reflective of the character of development required by the Residential Low designation.
2. Calculation of Mid-Point and Densitv Transfer (Section 6.2 of the Land Use
Element)
Section 6.2 of the General Plan states that a "transfer of density is permitted from
an open space area designated on the General Plan, within the boundaries of a project.
This density may be transferred to a residential development area at the rate of one
dwelling unit per 10 acres."
The applicant proposed that the project's mid-point density be calculated so as to
include a 35 dwelling unit transfer from designated open space on the Northern Parcel
to the Southern Parcel. The issue is whether the south parcel is entitled to a transfer of
35 of the potential 149 dwelling units from the Northern Parcel's 1,490 acres of general
plan-designated open space.
When the Council designated a portion of the north parcel as Residential Low
(during the General Plan Update), it was staffs understanding that the Council intended
33
to limit the north parcel to a total development equal to the yield from the Residential
Low designation. This area is proposed for 357 dwelling units.
During the General Plan Update process, the applicant requested staff to add an
alternative to the General Plan Update EIR to evaluate changing the preliminary General
Plan open space designation on the north parcel to Low Residential with a small
conference center retreat. The alternative was evaluated in the General Plan Update EIR
and plans were submitted to the Planning Commission and City Council by San Miguel
Partners describing their development plan for the Northern Parcel. Based upon these
plans and presentations, the preliminary General Plan was changed and staff
recommended that 357.1 acres of Low Residential at an average density of 1 du/acre be
added to the Norther Parcel at the locations requested by the applicant. At no time
during the General Plan Update EIR evaluation nor during the discussions with San
Miguel Partners, nor during the public hearing process was there any discussion of
transferring density from the north parcel open space areas to the south parcel.
Therefore, the applicant's request for a transfer of 35 units from the Northern Parcel to
the Southern Parcel as part of the mid-point calculation is not granted based upon the
Counccil's General Plan Update acton.
The applicant has agreed not to exceed mid-point density. Therefore, if the open
space density transfer is not supported by City Council, the applicant will reduce the
density in Neighborhood B from 1,201 units to 1,166 units. The project's total density
would then be 1,619 units, which is consistent with the calculation of mid-point density
under the General Plan. The 35 units shall be deleted throughout the Southern Parcel
development areas, as part of SPA Plan approval.
3. Establishinl! Residential Densities (Section 6.2 of the Land Use Element)
This section sets forth the criteria used in determining the appropriate gross
density for project implementation within any given range. The Section states that:
"There is no density within the range which is assumed to be more desirable than any
other, whether that density be at the lower or higher end of the range. In establishing
densities, a primary objective is to achieve an overall density equilibrium. This
achievement of equilibrium is essential to the promotion of order, amenity, diversity, and
urban vitality."
The appropriate density for the proposed project is assumed to be "baseline" and
"may move toward the upper end of the range" depending upon the project's adherence
to the following issues:
(a) Compatibility with existing and proposed surrounding land use
patterns;
(b) Sensitive response to the physical characteristics of the site; and
(c) Achievement of a variety of housing types.
34
The proposed density in the Residential Low areas of the project is 1.7 units per
acre (1,558 units on 933.5 acres), a density which is below the "mid-point" of 2 du/acre.
The project adheres to the stated issues as follows:
(a) Compatibilitv with Existing and Proposed Land Uses
The existing and proposed land use patterns in the project area include
developments in the Eastern Territories such as Salt Creek I to the south at 6 du/acre,
Bonita Meadows to the west at an estimated 3-4 du/acre, and Salt Creek Ranch to the
southeast at 3.6 du/acre. The proposed 1.7 du/acre for this project is therefore
significantly less than the density in adjacent projects.
While lot sizes in the neighboring Bonita area are larger (1 acre minimum), the
adjacent northern parcel contains lots consistent with this lot sizing, and a buffer of
20,000 square foot lots is proposed on the small interface located on the northwest side
of the southern parcel adjacent to Bonita. The proposed lot sizes in the southern
portion of the project are considerably larger than those proposed or developed in the
neighboring Bonita Meadows, Salt Creek I and Salt Creek Ranch projects.
(b) Sensitive Response to the Physical Characteristics of the Site
Section 6.2 examines five issues for analysis in determining the sensitive response
of the project to the physical characteristics, as follows:
(i) Landform oreservation. Neither Horseshoe Bend nor Gobbler's
Knob fit within Goal 5; Objective 20, 21 or 22 of the General Plan
as being a significant natural feature or landform that requires
preservation. Further, neither is mentioned as a prominent feature
within Section 5.6 of the Eastern Territories Area Plan. Finally, the
landforms are not within designated open space areas as shown on
the General Plan. In fact, both Horseshoe Bend and Gobbler's Knob
have been designated as Residential Low on the General Plan Land
Use Map.
The proposed grading of Horseshoe Bend and Gobbler's Knob is
consistent with the objectives of the General Plan, and the
applicant's proposed Grading Plan attempts to mirror the landform,
indicating a sensitive response consistent with the objectives of the
General Plan. In addition, approximately 25 acres of Horseshoe
Bend will be preserved as open space within the project. The
northern portion of the site proposes minimal grading, using
contour grading methods and minimal site disturbance without mass
grading.
(Ii) Circulation Patterns. The proposed street pattern is consistent with
that required in the Circulation Element, including the provision of
the major arterial, San Miguel Ranch Road.
35
(Iii) Relationship to Open Space/Greenbelt Svstems. The project provides
the final link in the Chula Vista Greenbelt, and includes internal
trails and pathways to provide access to the residents to this major
Greenbelt system. The proposed project also preserves as open
space areas designated for development under the General Plan,
Including the preservation of over 25 acres of Horseshoe Bend.
The project will provide for the dedication of over 1,670 acres of
open space, constituting approximately 64% of the project site.
(iv) Environmental Considerations and Natural Amenities. The proposed
project preserves as undisturbed natural open space the landforms
of Mother Miguel Mountain, Wild Man's Canyon, and the ridgeline
separating San Miguel Ranch from Salt Creek Ranch as required by
the General Plan.
Within the substantial 1,670 acres of natural open space there is the
potential for development of trails, equestrian paths, and permanent
viewshed preservation.
(v) Visual and Functional Ouality. The abutting open space is well
Integrated within the project, Including access to the Chula Vista
Greenbelt. The clustered area in the southern parcel is centered
around a school and park facility, with 3 radiating wedges of
greenbelt area to further enhance access to these facilities and for
visual aesthetics. The principal visual landforms of Mother Miguel
Mountain and the ridgeline separating San Miguel Ranch from Salt
Creek Ranch are left in an undisturbed state, maintaining visual
Integrity.
The proposed project respects site topography by creating a number
of plateaus in the southern parcel which match to the greatest extent
possible the existing topography, thereby minimizing visible slope
banks. In the northern parcel, minimal grading is proposed to
ensure natural topography is respected.
(c) Achievement of a Variety of Housing Tvoes
The project provides lots with minimum 3/4 acre, 15,000 square foot, 10,000
square foot, 9,000 square foot, and 7,000 square foot lots in 13 separate neighborhoods.
The average lot sizes in each neighborhood range from a low of 9,800 square feet to a
high of 1 acre. The diversity of lot sizes within any given neighborhood provides for a
variety of lot layouts and sensitive response to the topography. Further, the proposed
lot widths are considerably wider than currently exist within the Eastern Territories,
ranging from minimum lot widths of 70 feet to 125 feet, and average lot widths of 75-140
feet. This variety of lot widths and sizes will provide extensive diversity in housing
opportunities for a wide range of Chula Vista residents.
36
Further, the neighborhoods are Integrated with transportation facilities, natural
open space, and surrounding land uses as to form a transition from the higher densities
located to the south, southwest and southeast of the project to the open space areas
north and east of the northern parcel.
The applicant has demonstrated compatibility with existing and proposed
surrounding land use patterns, a sensitive response to the physical characteristics of the
site, and the achievement of a variety of housing types consistent with the character of
the range, at a mid-point density.
4. Clustering of Residential Development (Section 6.3 of the Land Use
Element)
Section 6.3 states that the "concept of residential clustering involves the
aggregation of dwelling units onto a reduced land area in order to achieve a more
sensitive response to the site, and provide additional amenity for the project residents,
in the form of open space and recreational opportunities." The General Plan encourages
clustering of residential development where the clustering accomplishes the following:
"1) Preservation of the natural landform; 2) Aggregation of open space within the
development for amenity and recreational purposes; and 3) Enhancement of land use
order, visual and functional quality, and livability of the project."
The project meets these requirements as follows:
(a) Preservation of natural landform - Since the General Plan designates
Horseshoe Bend and Gobbler's Knob as being within areas
specifically designated for residential development in the Land Use
Plan, the preservation of over 25 acres of Horseshoe Bend is the
appropriate use of aggregation of dwelling units on a reduced land
area. In addition, the set-aside of 10 acres for an Otay tarplant
preserve creates an additional open space area being maintained in
its natural state.
(b) Aggregation of open space within the development for amenity and
recreational purposes -- The clustered areas are focused around a
school and park facility consisting of approximately 32.6 acres, with
numerous greenbelts radiating out from the central core.
Surrounding the cluster are additional open space areas through the
preservation of Horseshoe Bend and the biological preserve, creating
enhanced open space opportunities for the residents. The greenbelt
areas range in width from 50-200 feet providing numerous mini
park opportunities as well as connections to the Chula Vista
Greenbelt System.
(c) Enhancement of land use order, visual and functional quality, and
Livability, of the project -- The project has preserved over 35 acres
as additional open space, all of which is currently designated for
37
residential development. In addition, the proposed greenbelt system
including the central common green of 31 acres, enhances land use
order and visual and functional quality and, through the linkages to
the ChuIa Vista Greenbelt System, livability, while providing a
community focus.
Design elements have been specifically incorporated to maintain the
character of the clustered area. Average lot sizes of 9,800 square feet
result in a density range from 1.7 to 3.1 du/acre, well below the
maximum density of 45 du/acre permitted under the General Plan.
Finally, proposed minimum lot widths of 70 feet is a standard far in
excess of other Eastern Territories developments where average lot
width is 50-60 feet. Approximately 38% of the project units are
proposed for clustering on 28% of the development area, and are
subject to significant design guidelines to ensure the project
maintains its Residential Low character. The aggregated open space
at 30% of the clustered land area compares favorably to the recent
Council approval of Salt Creek Ranch where only 12% and 19% of
the clustered area was aggregated open space in Neighborhoods 7B
and 8, respectively.
5. Hillside Development (Section 6.5 of the Land Use Element)
Section 6..5 states that it "Is the intent of the General Plan to focus urban
development on the City's mesa land and respect, preserve and maintain natural,
topographic features. Significant, highly visible hillsides in particular are a fairly rare
topographic feature in the general plan area."
Figure 1-3 of the General Plan indicates that the southern parcel is within the
rolling hills and broken mesas area on which "the intent of the General Plan" is "to focus
urban development."
The significant landforms are defined in Goal 5, Objective 20, 21, and 22 of the
General Plan, in addition to Planning and Design Proposal 5.6 of the Eastern Territories
Area Plan. Section 6.5 provides in subsection 6(t) further guidelines as to significant
hillsides that should be preserved. None of the foregoing sections specifically require
Horseshoe Bend and Gobbler's Knob to be preserved, nor do those two landforms fit
within the designation of a unique finger canyon, area of native trees or mature man-
made groves, rock outcroppings, or ridgeline and dominant topographic feature that is
highly visible from adjacent public areas or a part of an open space linkage system, as
required in Section 65.
The applicant has attempted to sensitively grade the southern portion of the
property including clustering development, mirroring existing topography with its
grading, varying lot sizes, placing streets in relationship to existing contours, using
landform grading techniques, minimizing large cuts and fills, and preserving the
38
landforms of Mother Miguel Mountain and the ridgeline between San Miguel Ranch and
Salt Creek Ranch.
6. Land Development (Section 7.7 of the Land Use Element)
Landform grading is defined as "a contour grading method which creates artificial
slopes with curves and varying slope ratios designed to simulate the appearance of
natural surrounding terrain."
The Mitigation Concept Plan modifies the proposed slopes interfacing between
planning Areas 2 and 3 and the potential transportation corridor to more fully reflect
landform grading techniques. The north parcel consists of entirely landform grading
techniques.
Much of Horseshoe Bend consists of slopes of 2: 1 or greater steepness, making it
infeasible to develop housing within the existing topography. Further, the number of
minor finger canyons also eliminates design options in dealing with the existing site. In
order to maintain lower density overall on the project and to maximize lot sizes, thereby
producing a "significant contribution to the high quality site planning goals ...
established overall by the General Plan," the applicant has proposed grading of Horseshoe
Bend in a manner consistent to result in a simulation of the appearance of the
surrounding natural terrain and the pre-existing condition of Horseshoe Bend. As
approved by the Planning Commission at the Telegraph Canyon Estates GDP, the
applicant is proposing a maximum height of 30 feet on the internal slopes throughout
the graded plateaus in the southern parcel. Final analysis of the landform grading
techniques used will be undertaken at the SPA Plan review level.
Mitil!:atlon Measures
The significant impacts to General Plan land use consistency can be reduced to
below a level of significance by implementation of the Mitigation Concept Plan and by the
interpretation and application of the Chula Vista General Plan as described above.
Findinl!S
Impacts to the General Plan land use consistency issues are mitigable to below a
level of significance with implementation of the prescribed measures.
B. LAND USE
Impacts
Development of the northern portion of the site from naturaIlagriculturalland use
to an urban land use is potentially incompatible with the Sweetwater Reservoir. The
concentration of contaminants from automotive sources and urban land uses would
increase. Sewage could enter the Sweetwater Reservoir or nearby streams if the
39
development's sewer system malfunctioned or overflowed. Also, ~ediment deposition
could increase from grading activities during project construction.
As residential units are proposed next to SDG&E facilities and the utility may
expand the facility in the future, potential conflicts could arise with re~idents adjacent to
the expanded facility. This is a potential significant impact.
The Mitigation Concept Plan Is proposing an affordable housing element; however,
a detailed program to achieve compliance with the City's provision~ related to affordable
housing has not been determined.
Mitigation Measures
For mitigation associated with impacts to Sweetwater Re~ervoir, the project
applicant must develop stormwater management plans, including a proposed runoff
protection system, for approval by the Sweetwater Authority. for specific mitigation
concerning this issue, see the mitigation measures included in Section H of these
Findings.
To reduce land use impacts associated with locating residential lots adjacent to a
large electrical substation to below a level of significance, the applicant ~hall implement
the following measures:
o Provide potential buyers considering lots adjacent to the substation and
transmission lines with a white paper describing future SDG&E expansion
plans,to the extent feasible. (project applicant might ~ell portions of the
site to others to develop housing, and it would be their obligation to advise
buyers.) The Rancho San Miguel CC&Rs shall al~o contain information
regarding the expansion plans for the SDG&E substation to provide
disclosure to subsequent home buyers.
o Achieve general visual separation through land~caping, topography
variation, and homesite orientation for houses near the SDG&E property.
o Provide grading site plans and other information to SDG&E to assist them
in their efforts to develop future improvements on their site and
corresponding landscape or other screening programs that will minimize
visual impacts to adjacent residential development.
The inconsistency with the affordable housing provisions of the City's General Plan
will be reduced to a level below significance upon satisfaction of the City's performance
criteria at the SPA Plan review level. Ensuring consistency with the affordable housing
provisions will also require that the project applicant will explore, in an affordable
housing program, methods to devote 10 percent of the dwelling unit~ to low and
moderate income housing; provide equivalent offsite mitigation; or pay fees as
determined through the submission of a proposal as part of the SPA Plan processing.
40
This proposal shall be responsive to the City policies concerning affordable housing that
may be in effect at the time of the SPA Plan processing.
Findin~
Land use impacts associated with Incompatibility with the Sweetwater Reservoir,
residential units adjacent to the SDG&E substation, and affordable housing will be
mitigated to below a level of significance with implementation of the prescribed
mitigation measures.
C. LANDFORM/VISUAL
Impacts
The designated site for the interpretive center, conference center and inn contain
topography with slopes in excess of 25 percent. Grading techniques for this portion of
development are not discussed in the GDP. Landform impacts associated with the
interpretive center and conference center and inn are unknown at this time, and will be
analyzed at the SPA Plan level when grading plans for these facilities are available.
Large and potentially conspicuous potable water storage tanks are proposed for
provision of drinking water at adequate pressure. The exact locations of the tanks have
not been determined at this time; therefore the impacts are unknown.
Views from a small portion of East H Street, a designated scenic roadway, would
be degraded by grading and development associated with the proposed project.
Mitigation Measures
Impacts associated with grading for proposed visitor facilities in the northern
portion are unknown at this time, and shall be evaluated at the SPA Plan level. The SPA
Plan shall include measures for any landform and visual impacts associated with grading
plans for the proposed interpretive and conference centers.
Impacts associated with siting and design of water tanks shall be eval uated at the
SPA Plan level. The SPA Plan must include measures to reduce impacts associated with
the placement of water tanks. The location of such water tanks will be determined at the
SPA Plan level upon completion of a Water Master Plan.
Landscaping and development plans consistent with General Plan guidelines for
scenic roadways shall be implemented.
For additional buffering between residential development and the substation, the
applicant should, where feasible, consider SDG&E's suggestions in addition to other
techniques which shall be reviewed by the City during the SPA Plan review level, as
follows:
41
1) Establishment of separation by development setbacks incorporating
landscaped greenbelt or residential collector street;
2) Achievement of visual separation through landscaping, topographic
variation, homesite orientation, and height and lot setback restrictions for
houses near the substation property.
Flndin~
Impacts associated with siting and design of water tanks are unknown. These
impacts must be evaluated and mitigated at the SPA Plan level. Impacts associated with
views from the scenic roadway are mitlgable to below a level of significance with
implementation of the prescribed mitigation measures.
D. ARCHAEOLOGY
Imoacts
The archaeology study on the San Miguel Ranch site determined that eight
important sites will be directly impacted by the proposed project. Another eight sites will
be indirectly impacted resulting from residential use of project open space areas. The
impacts to these 16 sites are significant.
Mitigation Measures
The significant impacts to archaeological resources can be reduced to below a level
of significance by implementation of the mitigation measures described at pages 3.4-24
through 3.4-27, inclusive, of the Draft EIR. The principal focus of these mitigation
measures is preservation of the resource and data recovery.
Findings
Impacts to archaeological resources are mitigable to below a level of significance
with implementation of the prescribed measures.
E. PALEONTOLOGY
Imoacts
Impacts to paleontological resources occur when earthwork activities cut into
geologic formations and destroy the buried fossil remains. The project area is underlain
by a variety of formations,some which are known to contain fossils in the surrounding
area (proctor Valley/EastlakelBonita). Based on a review of the concept plan, it appears
that extensive development would occur in those areas underlain by formations which
have a moderate to high potential to contain paleontological resources, including the
Otay and Sweetwater formations. Mass excavations in these formations would result
insignificant impacts to paleontologic resources.
42
Mitigation Measures
To mitigate or minimize potential impacts to paleontological resources to below
a level of significance, the following measures shall be implemented during project
grading.
1. Prior to issuance of development permits, the project applicant shall
present a letter to the City of Chula Vista indicating that a qualified
paleontologist has been retained to carry out an appropriate mitigation
program. (A qualified paleontologist is defined as an individual with an M.S.
or Ph.D. in paleontology or geology who is familiar with paleontological
procedures and techniques.)
2. A qualified paleontologist shall be at any pre-grade meetings to consult with
grading and excavation contractors. At this time the units (mudstone and
grits tone) of the Sweetwater formation should be located for use by the
paleontologist.
3. A paleontological monitor shall be onsite at all times during the original
cutting of previously undisturbed sediments of highly sensitive formations
(i.e. Otay and Sweetwater-mudstone portion only) to inspect cuts for
contained fossils.
A paleontological monitor shall be onsite on at least a half-time basis during
the original cutting of previously undisturbed sediments of moderately
sensitive formations (i.e. debris flow deposits and Sweetwater-gritstone
portion only) to Inspect cuts for contained fossils.
A paleontological monitor shall be onsite on at least a quarter-time basis
during the original cutting of previously undisturbed sediments of low
sensitivity formations (i.e. Santiago Peak volcanics-meta-sedimentary portion
only) to inspect cuts for contained fossils.
A paleontological monitor shall periodically inspect original cuts in deposits
with an unknown resource sensitivity (i.e. stream/quaternary deposits).
In the event that fossils are discovered in unknown, low or moderately
sensitive formations it may be necessary to increase that per day field
monitoring time. Conversely, if fossils are not being found then the
monitoring should be reduced.
A paleontological monitor is not needed during grading of rocks with no
resource sensitivity (i.e. Santiago Peak Volcanics-meta-volcanic portion).
A paleontological monitor is defined as an individual who has experience
in the collection and salvage of fossil material. The paleontological monitor
shall work under the direction of a qualified paleontologist.
43
4. When fossils are discovered, the paleontologist (or paleontological monitor)
shall recover them. In most cases this fossil salvage can be completed In a
short period of time. However, some fossil specimens (such as a complete
large mammal skeleton) may require an extended salvage time. In these
Instances the paleontologist (or monitor) shall be allowed to temporarily
direct, dlvert,or halt grading to allow recovery of fossil remains in a timely
manner. Because of the potential for the recovery of small fossil remains
such as isolated mammal teeth, It may be necessary, in certain instances, to
set up a screen-washing operation at the site.
5. Fossil remains collected during the monitoring and salvage portion of the
mitigation program shall be cleaned, repaired, sorted and cataloged.
6. Prepared fossils along with copies of all pertinent field notes, photos, and
maps shall then be deposited (with the owners permission) in a scientific
institution with paleontological collections such as the San Diego Natural
History Museum.
7. A final summary report shall be completed which outlines the results of the
mitigation program. This report should include discussion of the methods
used, stratigraphic section exposed, fossils collected, and significance of
recovered fossils.
8. Selected roadcuts or large finished slopes in areas of interesting geology
(e.g. Highway 125) shall be left unlandscaped if they would not be subject
to erosion so they can serve as important educational and scientific
reference exposures for future generations.
Findings
Paleontological impacts are mitigable to below a level of significance with
implementation of the prescribed measures.
F. GEOLOGY/SOILS
Impacts
The project site is subject to a seismic event with magnitude of 6.7 on the
potentially active La Nacion fault. Damage to structures could occur, therefore this is a
significant seismically related impact.
If saturated alluvial materials are present, potential liquefaction would be a
significant impact. A potential hazard exists for the reactivation of existing landslides and
for slope instability caused by the presence of ancient landslides and/or weak sheared clay
seams and bentonite layers within the Sweetwater and Otay formations.
44
The presence of expansive soils could potentially result insignificant impacts to
structures,building foundations, underground utilities and roads. Potential erosion
impacts include damage to cut and fill slopes, exposure of underground facilities or
foundations, and increased siltation downstream from stormwater runoff.
Many areas of the developed project would be underlain by structural fill or
surficial deposits which may be subject to compaction and/or differential settlement.
Potential effects related to this phenomenon include damage to structure, roadways, and
underground facilities. Several native soils on the project site exhibit corrosive potential
due to acidic or alkaline soil chemistry. Potential impacts to project facilities include
deterioration and eventual failure of underground concrete and metal structures.
Construction in the northern portion of the site may require substantial amounts
of drilling and blasting for structural excavation would could generate significant short-
term Impacts to public health and safety and offSite noise generation.
Some seepage problems may develop in cut areas and low lying alluvial areas
during the wet season.
Mitigation Measures
The significant impacts of the project can be reduced by the mitigation measures
detailed on pages 3.5-18 to 3.5-25, inclusive, of the Draft ErR. These measures include
1) preparation of supplemental geotechnical reports prior to approval of the project
precise plan and prior to and during grading activities; 2) compliance with the Uniform
Building code, City of Chula Vista General Plan, County of San Diego General Plan,
Grading ordinance, and all other applicable guidelines; 3) excavation and recompaction
or replacement of materials potentially subject to liquefaction or dynamic settlement;
4) removal or control of expansive soils using moisture control techniques or chemical
stabilizers, soil stabilization and erosion control techniques; and 5) monitoring of grading
operations by a qualified geotechnical consultant.
Findings
Impacts related to ground acceleration, liquefaction, landsliding, expansion,
erosion, compaction/settlement, reactive soils, shallow bedrock, and groundwater are
mltigable to a level below significance with implementation of the prescribed measures.
G. HYDROLOGY
Impacts
Development of the project site would create large impervious surfaces such as
roads, walkways, buildings, and parking lots. Runoff would occur more rapidly, and the
peak runoff discharge from the site would be higher for a given rainfall event than under
the present undeveloped conditions.
45
Basin headwater areas tend to possess slope and channel gradients steeper than
those in downgradient areas, and therefore, increases in overall impervious cover results
in larger, more frequent, and higher velocity discharges into downstream channels.
Detrimental consequences could include increased peak discharges, possible flooding,
and possible scour of the minor and major drainage ways downstream of the
development.
The quantity and quality of runoff from areas draining directly into Sweetwater
Reservoir are of concern, as this is a storage facility for drinking water supplied. A
detailed drainage study will be critical to estimate specific project impacts, and to create
detailed project design plans for general storm drainage systems in the northern and
southern projects area. This must be considered a significant impact until detailed
drainage plans are prepared as part of a SPA plan or tentative map, and evaluated in
subsequent environmental documentation.
Mitil!:ation Measures
A detailed drainage report and plan must be prepared for the entire Rancho San
Miguel GDP project,submitted prior to SPA approval. Implementation of an appropriate
plan will reduce the significant impacts of increased runoff from the site and increased
flooding downstream.
The report and plans must be approved by the city engineer, and should contain
the following design components and hydrological data. The facilities shall be designed
in accordance with the criteria contained in the Subdivision Manual or as determined by
the City Engineer. The storm water system designs shall ensure that any increase in flow
velocity will not result in channel scour in natural or earthen channels, and that the
increased volume will not flood existing residences and roadways downstream.
Development of the Rancho San Miguel project shall comply with all applicable
regulations established by the U.S. Environmental Protection Agency (EPA) as set forth
in National Pollution Discharge Elimination System (NPDES) permit requirements for
urban runoff and stormwater discharge and any regulations adopted by the City of Chula
Vista thereto. The developer shall be required to obtain an NPDES construction permit
from the State Water Resources Control Board and to submit pollutant control and
monitoring plans to the Regional Water Quality Control board for approval prior to the
issuance of grading permits.
Findin~
Significant impacts to hydrology related to increased runoff and increasing flooding
downstream are mitigable to below a level of significance through implementation of the
prescribed measures.
46
H. WATER QUALI1Y
ImDacts
The project would generate substantial increases in surface runoff due to increases
in Impervious surfaces, and could cause significant flooding and scouring downstream.
Water quality in the Sweetwater Reservoir may be compromised by urban runoff from the
project site. The water quality impacts are considered to be significant.
Mitiiation Measures
The project shall be subject to review and approval by the California
Environmental Protection Agency (formerly State Department of Health Services). The
project shall implement mitigation measures as set by Cal-EPA.
Prior to or concurrent with SPA Plan approval, a diversion ditch plan,or other
acceptable plan to handle drainage that might impact the Sweetwater Reservoir, shall be
prepared and approved by the Sweetwater Authority and Cal-EPA. Design of these plans
shall also consider providing additional capacity for concurrent or future development.
The project proponent shall submit to the city an erosion control plan prepared
by a registered civil engineer in accordance with City of Chula Vista design standards.
The plan shall be approved prior to issuance of grading permits and shall include
placement of sandbags, temporary sediment basins, and an erosion control maintenance
plan.
The runoff protection system now being planned will be approved and
implemented by the Board of Directors of the Sweetwater Authority (Reynolds 1991).
Approval of these plans for these facilities, including erosion control facilities, shall occur
prior to issuance of a grading permit. The runoff protection system shall be in place and
fully operational before construction for Rancho San Miguel within the Sweetwater
Reservoir watershed occurs.
A maintenance district shall be formed and financed by the Sweetwater Authority
to ensure perpetual maintenance of the runoff protection facilities whether within the
City of Chula Vista or in the County (Reynolds 1991).
As part of the applicant's SPA Plan, the applicant shall prepare and submit a water
quality report addressing drainage from the northern and southern portions of the
development and from diverted drainage from the runoff protection system in the north.
The report must address proposed plans to reduce potential water quality degradation
of downstream tributaries. This issue shall be evaluated further at the SPA Plan level.
47
Findinjp
Water quality impacts are mitigable to below a level of significance with
implementation of the prescribed measures and any mitigation measures required In the
Sweetwater Authority's Draft EIR on the runoff protection system.
I. TRAFFIC
Impacts
The proposed project does not identify the functional classifications of roads that
are to be constructed to serve the project. Since these roads are not included in the final
General Plan Circulation Element, their functional classification has not been determined,
which is considered to be a significant impact.
The project applicant has proposed a bypass road which is consistent with the
City's Circulation Element, but not the County's. This inconsistency is considered a
significant impact.
Mitil!ation Measures
The proposed San Miguel Ranch Road shall be designated as a four-lane major
street between East H Street and SR 125 and a four-lane Class I between SR 125 and
Bonita Road.
The proposed north entry road leading to the northern portion of the site from
San Miguel Ranch road shall be designated as a two-lane Class II collector. The project
applicant shall secure a General Plan Amendment (GPA) to the County's Circulation
Element for the bypass road if it remains an element of the project, or for upgrading of
the existing San Miguel Road and Proctor Valley Road to four-lane Class I Collector
classification (or County equivalent), prior to SPA level hearings at the City.
Findinl!S
Traffic impacts related to functional classifications for proposed roads are mitigable
to below a level of significance through implementation of the prescribed measures.
J. AIR QUALI1Y
Imoact
Short-term pollutant emissions will occur during the construction phase of the
project. The air quality impacts are considered significant short-term impacts.
48
Mlti\.!ation Measures
To reduce short-term pollutant emissions during the construction phase, the
following mitigation measures shall be incorporated into the project plan:
o Heavy-dutyconstruction equipment with modified combustion/fuel injection
systems for emissions control shall be utilized during grading and
construction.
o Disturbed areas shall be hydroseeded, landscaped, or developed as soon as
possible and as directed by the city to reduce dust generation.
o Trucks hauling fill material shall be covered.
o A 20 mile-per-hour speed limit shall be enforced on unpaved surfaces.
o To control dust raised by grading activities, the graded area shall be watered
twice a day, unless the county's current state of limited water supplies still
exists at the time of construction. In this case other mitigation measures
shall be considered and implemented upon City approval. Such measures
may include minimizing grading by designing development to follow natural
topography, phasing grading so relatively smaller areas are exposed, and
revegetating graded areas as rapidly as possible.
Findinl:
The short-term pollutant emissions are mitigable to below a level of significance
through implementation of the prescribed measures.
K. NOISE
Impact
Significant impacts would occur since noise levels in many areas of the
development, as designed, would exceed 65 dBA Ldn standard due to traffic noise along
future Route 125 and several major roads proposed within the development.
Mitigation Measures
The placement of noise walls or walliberm combinations on the top of slopes
adjacent to East H Street,San Miguel Ranch Road, and Route 125 would mitigate noise
impacts. The walls must be of solid masonry construction with a material weight of at
least 3.5 pounds per square foot and which would not allow any air space along their
entire length. Each noise wall or walliberm combination should be placed on the building
pads at the top ofthe slope between the residences and the adjacent impacting roadway.
The required wall or walliberm combination height ranges from 8.] 0 feet for residences
adjacent to Route 125 or East H Street; and from 5 to 6 feet for residences adjacent to
49
San Miguel Ranch Road. It should be noted that city regulations do not permit walls over
6 feet in height. Therefore, only the walllberm combination would be acceptable unless
project redesign were Implemented. The visual impacts of the wallslberm combination
to reduce noise effects will be evaluated at the SPA Plan level, when actual dimensions
and design plans for the wall/berms will be available, as related to impacts on San Miguel
Ranch Road and East H Street. Impacts on the development due to SR 125 will be
studied as part of the EIR for whichever is built later in time, the Rancho San Miguel
project or the roadway.
Findin~
Impacts associated with noise will be mitigated to below a level of significance
through implementation of the prescribed mitigation measures.
L. PUBLIC SERVICES AND UTILITIES
1. WATER
Imvacts
The location of water facilities required to serve the project has not been
determined. The project applicant has included certain water conservation strategies that
are recommended by the City, but some strategies have not been included in the GDP.
These are significant impacts of the proposed project.
Mitigation Measures
The following mitigation measures will reduce project-related impacts:
o Prior to approval of any SPA Plan within Rancho San Miguel, a Water Master
Plan shall be prepared, and approved by the City Engineer. This plan shall
delineate, at a more detailed level, the recommendations of the Nolte and
Associates 1990 Preliminary Water Concept Plan for Rancho San Miguel.
The Water Master Plan shall identify the location and sizing of specific
facilities and implementation/phasing of the plan. The impacts related to
the final placement of the water facilities shall be evaluated at the SPA level,
including impacts to biological resources, archaeological resources, and
visual quality.
To reduce water consumption within the development, the project applicant shall
implement the following water conservation measures:
o In accordance with Ordinance No. 2448, the project applicant shall prepare
a Water Conservation Plan to be submitted with the SPA Plan application,
for approval by the City. This plan shall provide an analysis of water usage
requirements of the proposed project, as well as a detailed plan of
proposed measures for water conservation, use of reclaimed water, and
50
other means of reducing per capita water consumption from the proposed
project, as well as defining a program to monitor compliance. This plan
shall be reviewed by the Resource Conservation Commission and Planning
Commission, prior to final review and adoption by the City Council
(Growth Management Program) City of Chula Vista, April 23, 1991,
Resolution No. 16101.
o Reclaimed water shall be used wherever feasible, as planned. The project
applicant shall begin negotiations with the Otay Water District to ensure
distribution of reclaimed water to the site.
o Water conservation measures for onsite landscaping and roadside
maintenance shall include, but not be limited to planting of drought
tolerant vegetation and the use of irrigation systems which minimize runoff
and evaporation loss.
o Installation of low-flush toilets, as planned.
o Installation of low-flow showers and faucets.
o Insulation of hot water lines in water recirculating systems (California
Energy Commission).
Findinl!S
Water-related impacts would be mitigated to below a level of significance with
implementation of the prescribed mitigation measures.
2. SEWAGE
Impact
There is a physical limitation to the offsite transport of Rancho San Miguel's
wastewater. The Frisbie Street trunk sewer between Corral Canyon Road and Bonita
Road may not have the capacity to handle the additional Rancho San Miguel sewage flow.
OWD staff have met with San Diego County and Chula Vista staff to discus capacity in the
Frisbie Street trunk sewer and concepts to free capacity for development while
maintaining OWD's ability to discharge 1.2 mgd. OWD has acknowledged Rancho San
Miguel's right to 1.5 mgd capacity in the Frisbie Street trunk line based on existing
agreements. Impacts associated with offsite transport of Rancho San Miguel wastewater
are considered to be significant.
51
Mitigation Measures
The following mitigation measures will reduce project-related impacts:
o Prior to approval of any SPA Plan within Rancho San Miguel, a Wastewater
Master Plan shall be prepared subject to approval by the City Engineer.
This plan shall delineate, at a more detailed level, the recommendations of
the Nolte and Associates 1990 Preliminary Sewer Concept Plan for Rancho
San Miguel. The Wastewater Master Plan shall identify the location and
sizing of onsite and offsite sewage facilities, implementation/phasing, and
funding. This report shall include a discussion of potential impacts to the
Sweetwater Reservoir in the event of a break in the sewerline or sewage
spill in the portion of the project within the Sweetwater drainage basin.
The impacts related to the final placement of the sewerage facilities shall be
evaluated at the SPA level including impacts to biological resources,
archaeological resources, visual quality, and water quality. This should
include final locations of both onsite and offsite facilities. Sewer system
design shall be approved by the City's Engineering Department at SPA level.
o An actual sewer flow measurement or a study to accurately estimate existing
wastewater flows in the Frisbie Street trunk sewer shall be conducted before
project flows can enter the system. Metering of the Frisbie Street trunk
sewer shall be performed by the developer.
o The project shall be subject to payment of wastewater development fees (to
fund trunk sewer and other upgrades) or equivalent proportionate facility
financing mechanism necessary to provide service to this project as
identified by the City, when adopted. Payment shall occur prior to issuance
of building permits or earlier.
Flndinl!S
Sewage-related impacts would be mitigated to below a level of significance with
implementation of the prescribed mitigation measures.
3. POUCE PROTECTION
Impact
The project would require the addition of three new officers and five additional
support staff to the police force. This is a significant impact.
Mitigation Measures
The project applicant shall be responsible for fronting the necessary funds to
enable the City to purchase the requisite equipment for the new police officers and
support staff. If required to finance this equipment, the project applicant will be entitled
52
to credit against all or a portion of the Public Facilities Development Impact Fees for
Police Services.
Ffndinl!S
Impacts to police protection would be mitigated to below a level of significance
with implementation of the prescribed mitigation measures.
4. FIRE PROTECTION
Impact
The exact location of the new fire station to serve the project area has not been
determined by the City of Chula Vista at this time. Several scenarios for the location of
the station are proposed and analyzed. Fire service response times would be inadequate
for the northern portion of the site under several scenarios. Constraints to fire
protection in the northern portion include the negative impacts associated with the
provision of only one access road to serve the entire 1,852-acre northern portion, limited
maneuverability for fire trucks once In the northern portion, slowing down to access
gated communities and steep roads. In addition, fire protection for the proposed
conference and interpretive centers cannot be determined without more detailed
information on these facilities. The impacts are significant.
The danger of brush fires represents potentially significant tJre hazard impacts to
dwellings that are located near hillsides. This is a potentially signitlcant impact.
Mitil!ation Measures
Impacts related to the proposed conference and interpretive centers cannot be
mitigated without more detailed information regarding usage and sizing of the facilities.
These impacts shall be fully analyzed at the SPA Plan review level. All other impacts to
fire protection would be reduced upon implementation of the following mitigation
measures.
o The project applicant shall provide a second access road to the northern
portion if the new fire station is located in EastLake I (Chase 1991). The
Chula Vista Fire Department strongly recommends that the second access
road be provided under any of the scenarios given the constraints to fire
protection that exist in the northern portion (Gove 1991).
o Fire sprinklers shall be installed in all buildings and residences in the
northern portion of the site (Gove 1991).
o A control system shall be installed that utilizes a special light on the fire
truck to open gates for the gated communities electronically (Yokley 1991).
53
o The applicant shall be required to provide a brush rig for the Chula Vista
fire department, in accordance with the Public Facilities DIF - Fire
Suppression System. The brush rig should be on-hand prior to any
building permit being issued by the City for the northern portion of the
project. For providing the brush rig, the developer shall be entitled to a
credit against all or a portion of their share of the Public Facilities
Development Impact Fee related to the fire suppression system and/or a
repayment from future DIF fees collected by the City (Chase 1991).
o Implement an acceptable brush management plan, as proposed by the
applicant. Impacts of the plan shall be evaluated at the SPA level.
Finding
Impacts to fire protection would be mitigated to below a level of significance
through implementation of the prescribed mitigation measures.
5. EMERGENCY MEDICAL SERVICES (EMS) PROTECTION
Impacts
EMS response times would be greater than city standards in the northern portion
of the site. This impact is significant.
Mitigation Measures
Provide a second access road to the northern portion that enables emergency
medical technicians to reach the required number of units within 10 minutes.
Findinl:5
Impacts to EMS protection would be mitigated to below a level of significance
through implementation of the prescribed mitigation measure.
6. SCHOOLS
Impact
The project could bring 496 additional elementary school students to the district.
An elementary school is proposed by the project; however, financing for this facility has
not been determined. The impacts from the project are considered significant.
Mitigation Measures
Implementation of the following mitigation measures will reduce project-related
impacts:
54
o As required by state law, the developer must pay school fees of $1.58 per
square foot of habitable space for residential development and $0.26 per
square foot of commercial development (Heydt 1990). Payment of
development fees would not be adequate to fully mitigate the impacts to
elementary and high schools in the area.
o Prior to SPA Plan approval, the project applicant shall provide
documentation from CVCSD that the proposed elementary school site
location is acceptable to the district. Funding for the school shall be in
compliance with CVCSD procedures and will most likely involve the Mello-
Roos Community Facilities District financing method.
o Prior to SPA Plan approval, the project proponent shall provide
documentation to the City confirming satisfaction ofSUHSD facility funding
requirements to offset student generation impacts. Funding would be
satisfied through the Mello Roos Community Facilities District financing
method or other means acceptable to SUlISD.
o Prior to issuance of any building permits for Rancho San Miguel, the project
proponent shall obtain written verification from CVCSD and SUHSD that
adequate school facilities and associated financing will be provided for
students generated from the project.
Payment of development fees would not be adequate to fully mitigate the Impacts
to elementary and high schools in the area. The project applicant shall provide the
financing mechanisms for both elementary and high schools. Possible measures to
achieve this are discussed at pages 3.15-33 through 3.15-34, inclusive, of the Draft EIR.
Findinl!
Impacts to schools would be mitigated to below a level of signiflcance through
implementation of the prescribed mitigation measures.
M. PARKS, RECREATION, AND OPEN SPACE
Impacts
The project proposes an integrated hiking and equestrian trail system that
connects to the County's regional system. The system would provide access into areas
designated as open space that contain sensitive biological resources, creating significant
biological impacts.
Portions of the trail system are in SDG&E power transmission easements, which
has limited acceptability to the City's Parks and Recreation Department pursuant to the
Department's policy statement contained in the Final ErR. This may result in a significant
trail inconsistency impact. This would be fully examined prior to SPA level approval.
55
Approximately 42.6 acres of the site currently designated as open space would be
developed In the southern portion. It is the recommendation of staff that this
development be allowed since the General Plan category boundaries are meant to be
flexible and since the proposed expansion has no negative adverse impacts upon the
General Plan.
Mitigation Measures
The biological impacts of the proposed trail system are mitigable upon
implementation of the following mitigation measures:
o The trail system layout and site specific designs shall be prepared In
coordination with the City's Park and Recreation Department and the
Environmental Coordinator. Impacts of the trails must be evaluated at the
SPA level.
o The trail system shall be managed and policed in a manner that will be
consistent with the objective of protecting the habitat and associated plant
and animal species from harm.
o A list of rules regarding proper trail use shall be posted at the interpretative
center and also at strategic locations along the trail system.
o Dog-owners shall not be allowed to bring their pets onto any trails within
the trail system that occur in open space areas, on or off leash.
o Use of the open space area shall be limited to designated trails.
o No collecting or molestation of natural resources shall be allowed (e.g.
Horned lizards, cactus, flowers).
o Open fires, smoking, and weapons shall not be allowed in the open space
areas and trail system.
o Mountain bikes shall also be prohibited, due to the extreme sensitivity and
regional value of the biological resources in the areas traversed by the trail,
and because mountain biking often generates off trail impacts.
o Certain portions of the trail system that traverse sensitive habitat shall be
subject to periodic closure to help protect wildlife and allow recovery of the
habitat.
o The portion of the trail system that crosses the most eastern areas of the
SDG&E property shall be rerouted as far east as is feasible (possibly
utilizing an existing jeep trail) to avoid a Golden Eagle perching site located
in the area.
56
o Areas the trails access shall be periodically to ascertain damage from
overuse. If it is determined that an area is being degraded the associated
trail shall be closed periodically to allow for recovery from use.
o All trails shall be constructed to prevent the channeling of urban runoff
into the surrounding open space and Sweetwater Reservoir, to the extent
feasible.
No mitigation is required for developing 42.6 acres of land currently designated
as open space.
Findinl!5
Park and Recreation impacts are mitigable to levels below significance with
implementation of the prescribed measures.
V. INSIGNIFICANT IMPACTS
In accordance with the evaluation provided in EIR 90-02, the following issues have
been determined to be insignificant:
1. Mineral Resources
2. Conversion of Agricultural Lands
3. Community Social Factors
4. Fiscal Analysis
5. Public Services and Utilities (gas & electric, solid waste, parks, middle and
junior high schools)
VI. INFEASffiILflY OF MITIGATION MEASURES AND ALTERNATIVES
CEQA and the CEQA Guidelines require that an EIR include a description of a
reasonable range of alternatives to the project, or to the location of the project, which
could feasibly attain the basic objectives of the project. The EIR must also include an
evaluation of the "no project" alternative. The discussion of alternatives must focus on
alternatives "capable of eliminating any significant adverse environmental effects or
reducing them to a level of insignificance." CEQA Guidelines section 15126(d)(3). In
addition, the CEQA Guidelines require that the ErR describe reasonable and feasible
mitigation measures which could minimize significant adverse impacts. CEQA Guidelines
section 15126(c).
57
The EIR examines a total of seven alternatives to the proposed project. Each of
these project alternatives is considered infeasible by the project applicant. The EIR also
includes various mitigation measures proposed to minimize the identified significant
adverse impacts of the proposed project. Some of these mitigation measures, identified
below, are considered infeasible by the applicant.
The discussion below focuses on the alternatives and the mitigation measures to
the proposed project and the reasons why certain alternatives and mitigation measures
were found to be infeasible.
A. AI.. TERNA TIVES
1. No Project Alternative
The No Project Alternative was identified as an alternative which would avoid all
ofthe significant unmitigated impacts ofthe proposed project. The No Project alternative
is considered infeasible for the following reasons. The No Project Alternative would not
be consistent with the City's General Plan which designates the project area for future
urban development, including residential, school, commercial and park uses. In addition,
this alternative would not meet the objectives of the Eastern Territories Element of the
General Plan, which call for the creation of a balanced community of residential,
commercial, industrial and open space uses.
The project is projected to have an overall positive fiscal impact on the City of
Chula Vista. Operating revenues are projected to exceed operating costs over a ten year
period. After buildout, the project is projected to result in a positive t1scal benet1t of
$530,897 per year in current dollars. This positive fiscal benefit to the City would not be
realized by adopting this alternative. This alternative would also be inconsistent with the
objectives of the project, which include the creation of high-quality residential
development offering a diverse range of housing types in distinct neighborhoods; the
establishment of a large-lot residential community in the northern portion of the
proposed project while, at the same time, integrating that development with permanent
natural open space; provision of a commercial center, community park and elementary
school to serve the needs of Rancho San Miguel and adjacent communities; and
implementation of significant elements of the City's General Plan, incl ud! ng preservation
of open space corridors and extension of the City's greenbelt through the provision of
approximately 1,670 acres of permanent natural open space.
2. Horseshoe Bend Alternative
This alternative preserves Horseshoe Bend, a V-shaped landform located in the
western half of the southern portion of the project. The northern portion would remain
the same as in the proposed project. This alternative would preserve approximately 35-
40 acres more open space than the proposed project. This alternative would also reduce
some of the landform/visual impacts as identit1ed in the ElR.
58
This alternative is considered to be infeasible for the following reasons. Significant
land use impacts would remain with this alternative. Certain impacts would increase such
as incompatibility with neighboring areas, an increase in clustering, a reduction in lot
sizes, and a residential character inconsistent with the Low Residential designation in the
General Plan. Notwithstanding the increased preservation of Horseshoe Bend, the
grading of Gobbler's Knob would remain a significant impact. Significant biological and
air quality Impacts would also remain. The alternative is also inconsistent with the
project objectives.
3. The Coon Canyon Alternative
This alternative preserves Coon Canyon, a major drainage course located in the
northern portion that flows into Sweetwater Reservoir. The purpose of the Coon Canyon
Alternative is to reduce biological impacts associated with the proposed project in the
northern portion. This alternative would accommodate 1,606 units as opposed to the
project's 1,654 units. The northern portion would contain approximately 276 dwelling
units on 276 acres on the western slope of Mother Miguel Mountain. The proposed
interpretative center, conference center and inn would not be included in this alternative.
The southern portion would contain approximately 30 more dwelling units than the
proposed project and development would occur on the entire 738.2-acre southern parcel.
This alternative is considered infeasible for the following reasons. This alternative
would create significant land use impacts due to proposed development of areas on the
eastern side of the southern portion currently designated at open space. Visual impacts
to the northern portion would be reduced by implementing this alternative; however,
visual impacts in the southern portion would increase. This alternative would reduce
impacts to two sensitive habitats, Diegan coastal sage scrub and wetlands, but increase
impacts to non-native grassland habitat, which is not considered sensitive. Impacts to
Diegan coastal sage scrub and wetland habitat would also remain significant. This
alternative would also increase direct impacts to five important archeological sites in the
southern portion of the project. The alternative would also reduce the positive fiscal
benefits to be realized by the City because of the deletion of the conference center, inn
and interpretative center. Under this alternative, all other aspects of the proposed project
would remain generally the same, and the remaining signifkant impacts identified would
still occur, or be exacerbated in the south, including inconsistencies with the General
Plan. The alternative is also inconsistent with the project objectives.
4. Biologically Sensitive Alternative
The Biologically Sensitive Alternative substantially reduces the number of acres
developed in the southern portion and eliminates all development in the northern
portion in order to reduce many of the impacts to the biological resources associated
with the project site. This alternative would preserve 2,129 acres as open space as
compared to 1,653 acres preserved under the proposed project. Impacts to
archaeological resources would also be substantially reduced by this alternative.
However, the number of units in the southern portion would increase from 1,297 to
1,600 units. This alternative would also substantially reduce the amount of runoff
59
projected for the site compared to the proposed project. The Sweetwater Reservoir
would not be impacted from urban runoff as a result of this alternative. The project
would be more compact in design, allowing for more efficient circulation, particularly for
pedestrian trips. This alternative would represent less of a demand on public services in
the area since development would be concentrated in a smaller area, thus reducing the
distance required to extend utilities.
This alternative Is considered infeasible for the following reasons. The increase
in housing densities in the southern portion (from 1,297 to 1,600 units) is not consistent
with the City's General Plan. This overall increase in density to 3.5 dwelling units per
acre would increase land use and compatibility issues under this alternative. In addition,
a General Plan Amendment (GPA) would be required before this alternative could be
adopted. Although a GPA is not considered infeasible, it is not part of the project at this
time. Several impacts would be reduced by this alternative; however, some impacts would
still remain significant. These impacts include landform/visual quality (signif1cant because
Horseshoe Bend and Gobbler's Knob would be extensively graded), biological resources
(still significant mainly due to the presence of large concentrations of Otay Tarplant, a
state endangered plant), cultural resources, geology/soils, hydrology and public services
and utilities. All of the other impacts of this alternative are similar to the proposed
project. Therefore, the Biologically Sensitive Alternative, while environmentally superior
to the other design alternatives, does not eliminate the majority of the impacts that would
occur with development on this site. The alternative would also reduce the positive fiscal
benefits to be realized by the City because of the deletion of the conference center, inn
and interpretative center. The alternative is also inconsistent with the project objectives.
These project objectives include the establishment of a large-lot residential community
in the northern portion of the site that integrates development with natural open space,
and the provision of a conference center, inn and interpretative center in the northern
portion of the project site to serve the surrounding community and visitors to the area.
5. South Only Development Alternative
The South Only Development Alternative limits development of the project site to
the southern portion. The entire 1,852-acre northern portion would be preserved as
open space. Development in the southern portion would be the same as for the
proposed project, although the number of dwelling units would be increased. Impacts
to water quality would be eliminated with this alternative since development would not
occur in the northern portion, and the potential for contamination of the Sweetwater
Reservoir would not occur.
This alternative is considered infeasible for the following reasons. This alternative
would still create significant land use impacts as identified in the EIR. Compatibility with
surrounding land uses and consistency with the General Plan would be exacerbated with
this alternative because of the increase in dwelling units. The landform/visual quality
impacts identified in the EIR for the southern portion would be the same as for the
proposed project. Horseshoe Bend and Gobbler's Knob would still be removed by mass
grading which is a significant unmitigable impact. Visuai impacts would still occur along
the northern ridgeline of the southern portion adjacent to the SDG&E substation for a
60
limited number of lots when the SDG&E facilities are expanded. Views along a small
portion of East H Street would still be degraded by development along this scenic
highway. These impacts are considered significant. All biological impacts identified in
the EIR for the southern portion would still occur. Significant impacts to cultural
resources, geology/soils, air quality, and other identified impacts would be reduced but
not to a level of insignificance.
Fiscal benefits to the City would be reduced through deletion of the conference
center and inn, and recreational benefits would be reduced through deletion of the
interpretive center. The alternative is also inconsistent with the project objectives.
6. SR 125 Alternative
The SR 125 Alternative W5 examines the proposed project based on alternate
alignment of future SR 125. Instead of forming the western boundary of the proposed
project's southern portion, SR 125 would travel to the eastern half of the southern
portion in a north/south alignment. This alignment would then travel through SDG&E
property to the north of the substation and immediately adjacent to the southwestern
corner of the northern portion of the project site. The purpose of this alternative is to
propose a residential development design which would accommodate this alternative
freeway alignment. This alternative would change the eastern half of the southern
portion and the southwestern corner of the northern portion of the project site. All
other aspects of the project would remain as proposed.
This alternative is considered infeasible for the following reasons. If the proposed
project is designed and constructed prior to resolution of the freeway alignment, the W5
alternative would create significant negative impacts on the project. The eastern edge of
the project would be separated from the rest of the project by SR 125, creating a
segregated neighborhood which should be avoided. The homesites located immediately
adjacent to the freeway alignment in the northern and southern portions would also be
affected by adverse noise conditions and other compatibility issues. If this alternative
were adopted, the proposed project could be impacted by traffic from Chula Vista
accessing SR 125 unless arterials were designed that bypassed the project. Market
incentives to locate the proposed commercial area or additional commercial land uses
closer to the freeway would also exist, which would change the commercial type from
neighborhood to freeway commercial. Significant impacts would remain due to
landform/visual quality, biology, air quality and noise factors. This alternative is also
inconsistent with the City's General Plan and the project objectives.
7. SR 125 Alternative W6
The SR 125 Alternative alignment W6 would travel through the western half of the
southern portion of the project, instead of bordering the western boundary. This
alternative would affect only the southern portion of the project site, and the alternative
would be similar in concept to the proposed project regarding the number of dwelling
units and the mix of land uses.
61
This alternative Is considered infeasible for the following reasons. Land use
compatibility issues would increase as more of the dwelling units would be affected by
their proximity to the proposed freeway since it would bisect the western neighborhood.
Measures would have to be Implemented to reduce noise, visual, and other impacts
related to freeway incompatibility. The following significant impacts would still exist
under this alternative: landform/visual quality, biology and air quality. All other impacts
identified in this EIR would remain the same. This alternative is also inconsistent with
the City's General Plan and the project objectives.
B. MITIGATION MEASURES
The following mitigation measures were identified in the Draft EIR, but are
considered infeasible by the project applicant:
(a) In the Land Use section at page 3.1-26, the Draft ElR states that "all of the
recommendations In the City's consistency analysis shall be implemented."
This recommended measure refers to the City's initial "consistency analysis."
Since that time, the City has updated its consistency analysis in response to
the applicant's Mitigation Concept Plan. Therefore, the City's initial
consistency analysis is no longer applicable and would be infeasible due to
the refinements made in the Mitigation Concept Plan.
(b) In the Landform/Visual Quality section at page 3.2-18, the Draft EIR states
that "the applicant must demonstrate compliance with hillside development
guidelines during the SPA plan review to the satisfaction of city planning
staff." This recommended measure is considered infeasible by the project
applicant because the General Plan does not identify either Horseshoe Bend
or Gobbler's Knob as landforms requiring preservation in accordance with
the hillside development section of the Land Use Element of the City's
General Plan.
VII. ADOPTION OF MITIGATION MONITORING PROGRAM
As required by Assembly Bill 3180 and Public Resources Code Section 21081.6, the
Decisionmakers hereby adopt the Mitigation Monitoring Program ("Program"), set forth
in Exhibit B ofEIR 90-02 incorporated herein by reference. The Decisionmakers find that
the program is designed to Insure that, during project implementation, the project
applicant, and other responsible parties, implement the project components and comply
with the feasible mitigation measures identified in EIR 90-02. The Program will serve a
dual purpose of: l)verifying completion of the Mitigation Measures I(Jr the proposed
project; and b) generating information on the effectiveness of the Mitigation Measures
to guide future decisions. The program includes the following:
1. Monitoring team qualifications;
2. Specific monitoring activities;
62
3. Reporting system; and
4. Criteria for evaluating the success of the Mitigation Measures.
VIII. STATEMENT OF OVERRIDING CONSIDERATIONS
BACKGROUND
The California Environmental Quality Act (CEQA) and the State CEQA Guidelines provide:
"(a) CEQA requires the decision-maker 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 ElR but are not at least substantially
mitigated, the agency shall state in writing the specific reasons to support its
action based on the final EIR and/or other information in the record. This
statement may be necessary if the agency also makes a finding under Section
15091(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." (Guidelines Section 15093.)
TIlE STATEMENT
The City finds that the mitigation measures discussed in the CEQA findings, when
Implemented, avoid or substantially lessen most of the significant effects identified in
Final EIR 90-02 for Rancho San Miguel. Nonetheless, certain significant effects of the
Rancho San Miguel project are unavoidable even after incorporation of all feasible
mitigation measures. These unavoidable effects include: land use, landform/visual
quality, biology and cumulative impacts to air quality. In approving this project, the City
has balanced the benefits of the Rancho San Miguel project against these unavoidable
environmental effects. In this regard, the City finds that all feasible mitigation measures
identified in the CEQA findings, have been or will be implemented with the project, and
any significant remaining unavoidable effects are acceptable due to the following specific
planning, social, economic or other considerations, all of which are based upon the facts
set forth below, the CEQA findings, Final EIR 90-02, and the record of the proceedings
for this project.
1. Rancho San Miguel, a planned residential community in the City of Chula Vista's
Eastern Territories, is consistent with the demand for housing in Chula Vista. The
project is a well-balanced residential community that will provide local residents
63
of Chula Vista and residents in the region the choice of high-quality, diverse
housing types in accordance with the following policies contained within the City's
General Plan Update:
o Encourage the development of a diversity of housing types and prices.
o Encourage planned developments, with a coordinated mix of urban uses,
open space and amenities.
o For new developments in Eastern Territories, the predominant character
should be low medium density, single-family housing. Where appropriate
In terms of physical setting encourage development of quality, large-lot
housing.
Rancho San Miguel addressed each of these General Plan policies. As a planned
community the project provides a diverse range of housing types in distinct,
complimentary neighborhoods within the Low Residential category with minimum
lot sizes ranging from 7,000 square feet in the clustered neighborhoods, 8,000 and
10,000 square feet in the mid-size lots, and 15,000 square feet to three-quarters of
an acre in the low density estate neighborhoods. Rancho San Miguel, which is
uniquely situated between the urbanized areas of Chula Vista to the south and
west and the undeveloped areas to the east, is predominantly a residential
community which will provide residents of Chula Vista with high quality, upper-
end housing products which are currently limited in the South Bay area. Rancho
San Miguel will also provide important transitions from the higher density
developments adjacent to future SR 125 to the lower density estates in the
northern portion of Rancho San Miguel. Development within Rancho San Miguel
will transition from clustered development in the western portion of the property
to mid-size and estate lots In the eastern portion of the southern parcel and low
density estate lots in the northern parcel of the site.
2. The project provides logical community land uses, enhances opportunities for the
long-term productivity of the community of Chula Vista and the surrounding
region, and maintains and conserves valuable resources, all of which are consistent
with the City's long-term planning goals. The variety of single family uses in close
proximity to existing and proposed commercial and industrial uses will provide
opportunities for persons to reside in areas adjacent to employment facilities and,
thus, will help to relieve typical employment community impacts, such as traffic,
noise and air quality effects.
3. The project provides needed commercial facilities consistent with the policy In the
City's General Plan Update to provide for community and neighborhood
commercial centers in developing areas convenient to new neighborhoods.
Rancho San Miguel addresses this policy by providing a 14-acre commercial site
located on East H Street central to this project as well as to Salt Creek I and Salt
Creek Ranch. This facility will meet the City's goal of improving and increasing
64
the retail base of the City while making the City an attractive place to shop. The
facility's location will serve a wide area and will help relieve numerous impacts
such as traffic and air quality effects.
4. The Rancho San Miguel project supplies the final link in the Greenbelt called for
in the General Plan Update. The General Plan Update calls f<Jr creation of a
continuous, 28-mile Greenbelt around the City of Chula Vista. The Greenbelt
provides a unique opportUnity to develop a significant network of open space,
trails, and recreational activities for the citizens of Chula Vista and residents in the
surrounding region. In essence, the Greenbelt represents a continuous open
space area which visually and functionally links all the communities and the
principal parks and recreational resources of the City including active recreational
facilities, natural open space, wildlife habitats and a connecting trail system. This
continuous system begins at the Chula Vista Bayfront, extends through Otay River
Valley to the Otay Lakes, north through the Otay Lakes area and along Salt Creek
to Mother Miguel Mountain and Sweetwater Reservoir and west along the
Sweetwater Regional Park to the Bayfront.
5. The project will result in construction of a number of roads which are integral
parts of the City's General Plan Circulation Element. For example, roadway
improvements will involve construction of San Miguel Rancho Road and East H
Street to ultimate standards through the project. The project will also contribute
to offsite roadway improvements on a fair share basis with other area developers
by participation in the Eastern Chula Vista Transportation Phasing Plan (ECVTPP).
Significant landscaping buffer areas will be provided along major roads in
accordance with the City's Circulation element. The project will incorporate
pedestrian and bicycle pathways and equestrian paths or trails within
transportation corridors as recommended by the City's Circulation Element.
6. The project preserves approximately 1,670 acres of natural open space constituting
approximately 64% of the project site. Implementation of the project will provide
for the long-term preservation of numerous sensitive biological resources located
in the natural open space areas and provide for wildlife corridor links in those
areas.
7. The project will provide connecting links to equestrian and hiking trails between
Salt Creek and the County Regional Park system along Sweetwater River and from
Bonita Highlands north to the Sweetwater River and Rancho San Diego.
8. The project provides a major community park facility of 20.7 acres. The facilities
will provide capacity for both this project as well as surrounding communities, and
will be complimentary to future proposed parks in Salt Creek Ranch and Eastlake.
In addition, linkage to the Chula Vista Greenbelt will be provided.
9. The project meets the desires of the General Plan to preserve signif1cant natural
features and landforms. These landforms include Mother Miguel Mountain, Wild
Man's Canyon and the ridgeline separating Rancho San Miguel from Salt Creek
65
Ranch. Each of these landforms will be included within the Chula Vista Greenbelt
and will be part of a recreation oriented open space network of trails and
equestrian paths.
10. The project will add an important connecting link in the transportation system for
future SR 125, with San Miguel Ranch Road providing a link between East H Street
and Bonita Road as envisioned by the General Plan.
11. The project proposes minimal grading in the northern portion of the project with
all homesites sensitively planned and construction techniques utilized such as
stemwaIl foundations, post and beam construction and multiple level structures,
to ensure responsiveness to natural topography. The project emphasizes wide lots
and the use of natural colors and hues to assist in blending the residential housing
into the hillsides, for maintenance of the rural character.
12. The project will result in a comprehensive planned community providing a logical
extension of City services, including public transportation, law enforcement, fire
protection and public utilities.
13. The project helps fulfill the need for community facilities by providing two
community purpose sites (8.5 acres) for the citizens of Chula Vista and the region.
14. The project advances the City's environmental goals by encouraging water
conservation and reclamation programs, mass transit facilities and an extensive trail
system.
15. The project also contains a number of other additional overriding public benefits,
such as:
o Incorporation of an elementary school site into the design of the project
(11.9 acres).
o A commitment to provide financing contributions to the high school
proposed to be located on Otay Ranch, and serving the needs of this and
other projects, through Mello-Roos or other acceptable financing methods.
o Use of native plant and landscaping materials to the greatest extent possible
to emphasize the rural nature of the project, with the emphasis upon
drought tolerant plants. The use of reclaimed water will be provided as
feasible for watering purposes.
o A commitment at the GDP level to prepare plans for various community
facilities, including a water master plan addressing the location, sizing,
phasing and financing of water supply facilities; a sewer master plan
addressing the location, sizing, phasing and financing of wastewater
collection facilities; and a reservoir protection plan to preserve water
quality in the Sweetwater Reservoir. Additionally, an Air Quality
66
Improvement Plan shall be prepared assessing alternatives for mitigation of
air quality impacts.
For these reasons, on balance, the City finds that there are planning, social,
economic and other considerations resulting from this project that serve to override and
outweigh the project's unavoidable significant environmental effects and, thus, the
adverse environmental effects are considered acceptable.
67
OCT-13-92 TUE
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October 12, 1992
City of Chula Vista Planning Commission
276 Fourth Avenue
Chula Vista, CA 91910
The Sweetwater Community Planning Group is greatly concerned about
inadequacies and problems with Rancho San Miguel's General Development
Plan * and Environmental Impact Report.
An area of concern is the failure of Staff in its GDP analysis as well
as the EIR analysis to consider the Sweetwater Community Plan as an
integral part of this analysis_ The Sweetwater Community Plan adopted
first in 8/25/77 by the Board of Supervisors and also adopted by
Resolution 15176 on 7/11/89 as part of the Chula Vista General Plan has
been totally ignored_ How can Staff ignore a vital part of its own
general plan? For Staff to suggest that the applicant's property is in
the Eastern Territory Planning area and not therefore subject to
Sweetwaters plan is a specious argument since the property clearly falls
in the eastern half of the planning area; and, therefore, the plan must be
considered in the analysis_
Another concern is that although p_61 of the Sweetwater Community Plan
calls for D2 designator on this project, the GDP completely disregards
this factor in its analysis of the following areas:
1_ COMPATIBILITY with contiguous areas_
primarily small ranch properties and the
a density o~ 2-4 d/u per acre.
Adjacent areas are
Community Plan calls for
2. CIRCULATION element lacks appropriate access through the
existing Sweetwater Community Planning area_ The GDP cannot be
approved until the general circulation element is amended by the
County. The EIR fails to discuss how this project will gain
access to the roads under the County's jurisdiction nor does it
include feasible mitigation for the impacts of this project upon
the Sweetwater Planning Area_
The Planning Group, therefore, makes the following recommendations:
1_ Deny the certification of the EIR and remand to applicant for
analysis and consistency with the Sweetwater Community Plan_
2. Deny the GDP because of its lack of appropriate access through
the existing Sweetwater Community Planning area. To wait to the
SPA phase of the project is unacceptable and not feasible because
of an applicant's vested interest and the sheer momentum of the
development itself.
3. Reopen public hearing when above recommendations have been
complied with by the applicant in his GDP.
The Sweetwater Community Planning Group does not oppose the
development of this area, but we are asking that our Community Plan be
given more than a Cavalier look when an analysis of the project is
presented. We feel that the project should be compatible in density with
our planning area and the circulation element of the proposed GDP not
impact negatively upon our Community.
~~~/~
Chairperson
cc::
Supervisor Brian Bilbray
The State Clearinghouse
US Fish and Wildlife Association
Sweetwater Valley Civic Association
Crossroads
City of Chula Vista Planning Department
City of Chula Vista Council
Mayor of The City of Chula Vista
* STATE CLEARINGHOUSE NUMBER 90010155