The URL can be used to link to this page

Home My WebLink AboutPlanning Comm Reports/1992/09/30 (9) , . L RANCHO SAN MIGUBL GENERAL DEVEIDPMHNT PIAN EIR 90-02 APPUCANTS CANDIDATE CBQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS L IN ACCORDANCB wrrn SECTION 21081 OF TIm CALIFORNIA ENVIRONMENTAL QUAIIlY ACf AND SECTIONS 15091 AND 15093 OF 11TLB 14 OF TIm CALIFORNIA CODE OF REGULATIONS SEPTEMBER 1992 L , CANDIDATE CEQA FINDINGS L 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 environmental 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 EIR 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 applicant's 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 1 , 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 is developed, or developing, with single-family and multi-family residences, commercial uses and parkland. 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, Otay 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-acre commercial 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 ElR, 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 applicant's 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 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 14.O-acre relocated commercial center; an 11.9-acre elementary school site; a 20.7-acre community park; two community purpose facilities of 8.5 acres (total); a 7-acre 2 , 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 findings are applicable to the project as analyzed in the Final EIR and the applicant's Addendum. The revised project is proposed to be developed in four phases. Phase I would consist of the community park, homes, and associated neighborhood roads located in the western half of the southern portion and the southwestern end of the nonhern portion. Phase il would include the remainder of the homes and associated neighborhood roads in the nonhern portion, and additional homes and roads in the southern portion. Phase ill 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 N would consist of the remainder of the homes in the southern ponion. n. FINDINGS The following findings 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 decisionmakers, having reviewed and considered the information contained in the Final EIR 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 decisionmakers, having reviewed and considered the information contained in the final EIR and the record, find that specific economic, social or other considerations make infeasible cenain mitigation measures or project alternatives as identified in the Final EIR. d) The decisionmakers have determined that any remaining significant effects on the environment found to be unavoidable are acceptable due to overriding considerations. 3 e) The decision makers have independently reviewed, considered and evaluated the Final EIR 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 QUALI1Y Impact 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. Mitiiation 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 will 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. Findini 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 landform/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 landform/visual quality impacts. 4 B. BIOLOGY Impacts Southern Portion 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 ofthe 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 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. Mitil!atlon Measures Southern Portion 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 approximately 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 5 and remove aggressive competitive exotic species. A long-term monitoring and maintenance program would be implemented as part of the 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. 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 ofthe 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 Mitil!: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; 6. Otay tarplant; 6 7. Coast barrel cactus; 8. Palmer's grappling hook; 9. California adolphia; 10. San Diego marsh elder; and 11. Spiny rush. 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 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 1,85Z-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. 7 Miti~ation Plan 1. Commitment to Preoare Miti~ation Plan The project applicant shall prepare a 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 mitigation plan shall be prepared, analyzed and included in a Supplemental Environmental Impact Report ("EIR') 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 November 1, 1993, the date by which the South County Natural Community Conservation Plan (NCCP) 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 November 1, 1993, the applicant's SPA Plan-level mitigation plan may be considered for approval by the City of Chula Vista as part of the applicant's SPA Plan. The SPA Plan-level mitigation plan shall be considered prior to annexation of the northern parcel into the Chula Vista corporate boundary. The 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 Evaluatln~ the Mitigation Plan The South County NCCP, If completed and approved, may preclude development of the northern parcel. If it does not, the following criteria 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 following guidelines as the applicable criteria for mitigating Impacts to the identified biological resources In the northern parcel: (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 8 . . (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. 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 this 4: 1 mitigation ratio 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 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. 9 . (Hi) Non-native grassland (iv) California gnatcatcher (v) Cactus wren 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. 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 be mitigated 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. 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 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. Impacts to the cactus wren cannot be mitigated with the project as proposed. If a significant unmitigable 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 10 . (vi) Otay tarplant (vii) Coast barrel 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. 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 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 11 . proposed open space areas on-site shall be required. Analysis of whether impacts are reduced to below a level of significance shaIl 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 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. (x) Marsh elder Wetlands onsite should be avoided to the extent practicable. Unavoidable impacts could be mitigated through a revegetation program. (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 Miti~ation Measures In addition, the mitigation plan shaIl incorporate the foIlowing 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 12 (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 roadwa}'5 shall be hydroseeded with native plant species consistent with surrounding natural vegetation. This wquld 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 reviewed and approved by the City of Chula Vista. Iceplant (Carpobrotus aequilareraJus or C. eduJis) 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 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 13 incorporated into a construction monitoring program approved by the City of Chula Vista. Compliance with state regulations (California AB 3180) requiring monitoring programs for 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 CDFG for compliance with these mitigation measures. 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 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 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 14 . 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 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 proposed project. During that review process, the City will consult with the County of San Diego. After approval of the South County NCCP Plan for the applicant's northern parcel, the City of Chula Vista and the County of San Diego will jointly submit that portion of the plan to the DFG for review. If the DFG approves the plan for the northern parcel, the DFG will forward it to the USFWS for review. If the DFG or USFWS comments on the plan, a written report shall be prepared outlining the suggested modifications that would result in DFG and USFWS approval of the plan. This report shall be submitted to the applicant, the City of Chula Vista and the County of San Diego for review and action. The review and final approval process for the South County NCCP Plan is anticipated to take place within an IS-month NCCP planning period, which commenced on May 1, 1992 and expires on November 1, 1993. The SPA Plan-level mitigation plan shall not be approved prior to November 1, 1993. In the event that the South County NCCP is not adopted by the City of Chula Vista and approved by the DFG and USFWS on or before November 1, 1993, the applicant's SPA Plan-level mitigation plan may be considered for approval by the City of Chula Vista as part of the applicant's SPA Plan. 15 . 5. Potential Density Transfer City staff and the applicant currently disagree over whether an opportunity exists under the City's General Plan fur the project applicant to request a density transfer of some or all of the residential density from the northern to the southern portion of the project. During the San Miguel Ranch SPA Plan approval process, the Planning Commission and the City Council of the City of Chula Vista will have the full and sole discretion to determine whether or not the applicant has the opportunity to transfer some or all of the residential density from the northern to the southern portion of the proposed project pursuant to the City's General Plan. The applicant further reserves the right to forego its development opportunities on the northern portion of the proposed project, and to simply forego its right to transfer residential density from the northern to the southern portion of the proposed project. In the event the applicant elects either of these alternative courses of action, the northern portion of the proposed project would be maintained in permanent open space and, thus, the SPA Plan-level mitigation plan or the South County NCCP Plan would not be necessary or required for the proposed project or any other subsequent discretionary project approval. Findinl1 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. C. CUMULATIVE 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 fur release in 1992 will include the proposed project. 16 . . 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. Mitil:ation Measures The following methods shall be incorporated into development design to reduce ROG,NOx and PMI0 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. 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, ridesharing, 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 (TPP). 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. 17 . . 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. 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 this impact. Section VIII ofthis 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. Mitigation 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. 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. 18 . 3. LANDFORM.NISUAL QUALI1Y Imoact 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. Mitiiation 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. 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 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. 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. Miti\:ation Measures Revegetation efforts, onsite and offsite re-creation of habitats and offsite habitat preservation programs can offset 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. 19 . . 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 this cumulative impact. Section VIll 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. 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. Mitil!:ation 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. 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 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. 6. WATER SUPPLY Impact 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. 20 . . Miti~ation Measures No project-specific mitigation measures are proposed. FindiniS 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. 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. Miti~ation Measures No project-specific mitigation measures are proposed. 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 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. IV. SIGNIFICANT MITIGATED IMPACTS A. lAND USE - GENERAL PlAN CONSISTENCY Impact With regard to "Land Use/General Plan Consistency," the Draft EIR 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 21 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 4.1, 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). 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 ofthe 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." 22 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 extensiori' 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 18,750 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 consistent 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 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 t9 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: 23 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 useage is reflective of the character of development required by the Residential Low designation. 2. Calculation of Mid-Point and Density 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 project contains approximately 1,490 acres of open space in the northern parcel, which is consistent with the designation on the General Plan. A density transfer is thereby permitted for 149 units. The applicant is proposing to transfer these units to an area within the southern portions of the project consistent with the requirement in the General Plan that the density transfer occur "within the boundaries of a project." Further, at the time of the General Plan Update, no limit was placed upon transferring open space density in the applicant's project by the City Council, nor within the General Plan text. For that reason, the open space density transfer opportunity remains. Of the 149 unit transfer opportunity, the applicant is seeking to transfer only 35 units. The applicant has agreed not to exceed mid-point density. Therefore, if the open space density transfer is not available, 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. 3. Establishinll 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 24 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. 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) Compatibility with Existinl! 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 half acre lots is proposed on the small interface located on the northwest side ofthe 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 preservation. 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. 25 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. (iii) Relationship to Open Space/Greenbelt SYStems. 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 Quality. 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 26 banks. In the northern parcel, minimal grading is proposed to ensure natural topography is respected. (c) Achievement of a Variety of Housin~ Types 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. 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. Clusterinl! 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 projecr." 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. 27 (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 Uvability, of the project - The project has preserved over 35 acres as additional open space, all of which is currently designated for 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 Chula 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 4.5 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." 28 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 6.5. 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 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 impossible 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 level of analysis. Mitil!ation 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. 29 Findings 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 natural/agricultural land 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 development's sewer system malfunctioned or overflowed. Also, sediment 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 residents 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 provisions related to affordable housing has not been determined. Mitigation Measures For mitigation associated with impacts to Sweetwater Reservoir, 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 shall 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 sell portions of the site to others to develop housing, and it would be their obligation to advise buyers.) o Achieve general visual separation through landscaping, 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 30 corresponding landscape or other screening programs that will minimize visual impacts to adjacent residential development to below a level of significance. 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 units to low and moderate income housing; provide equivalent offsite mitigation; or pay fees as determined through the s1,Jbmission of a proposal as part of the SPA Plan processing. 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. Findings 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. IANDFORMNISUAL Imoacts 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 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. Impacts associated with siting and design of water tanks shall be evaluated at the SPA Plan level. 31 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: 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. Findings 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 mitigable to below a level of significance with implementation of (he prescribed mitigation measures. D. BIOLOGY Impacts 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. Mitil!a(ion 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: I 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. These measures would reduce impacts to Diegan sage scrub to below a level of significance. 32 The six pairs of California gnatcatchers impacted by the southern portion of the project would be mitigated by the preservation of nine pairs of gnatcatchers within identified open space areas in the project. 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. A full 1,380 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 project applicant redesigned a portion of the southern project in order to reduce impacts to a level consistent with the target 60% preservation. In addition, the impacted cacti would be replanted in open space areas to mitigate impacts to the species. Implementation of the above program will reduce the impacts to the coast barrel cactus to below a level of significance. As mitigation for impacts to the California adolphia, the Draft EIR calls for the preservation of 50% of this species in biological open space. To achieve this mitigation goal, a population of approximately 350 plants in the northern parcel would be placed into a dedicated open space area, in addition to a 40 plant population within the open space in the southern parcel. 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 three pairs of cactus wrens located in open space in the southern parcel. In addition, the habitat of the impacted cactus wren shall be transplanted to within the southern parcel open space, adjacent to existing cactus wren populations. A monitoring program shall be implemented to accurately determine the impacted habitat to be transplanted, and subsequently monitored to ensure successful establishment. 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. In order to compensate for the .5 acre ofimpacted habitat, additional wetlands of a similar type will be created within an area designated as open space in the northern parcel. The wetland mitigation site would be revegetated with mule-fat, San Diego marsh elder, and southwestern spiny rush. Mitigation is to be completed on a one-to-one area and value basis as recommended in the Draft EIR, to be carried out under the direction of a qualified wetland revegetation specialist and the California Department of Fish and Game. These measures would reduce wetland impacts to below a level of significance. Impacts to San Diego marsh elder shall be mitigated by avoiding wetlands onsite to the extent practicable. Unavoidable impacts will be mitigated through a revegetation program to ensure that a minimum of 1: 1 numerical replacement of plants impacted shall occur through the revegetation. Implementation of these measures would reduce San Diego marsh elder impacts to below a level of significance. 33 Impacts to southwestern spiny rush shall be mitigated by avoiding wetlands onsite to the extent practicable. Unavoidable impacts will be mitigated through a revegetation program to ensure that a minimum of 1: 1 numerical replacement of plants impacted shall occur through the revegetation. Implementation of these measures would reduce southwestern spiny rush impacts to below a level of significance. Finding Impacts associated with the disturbance to Diegan coastal sage scrub, San Diego barrel cactus, the California gnatcatcher, the Cactus Wren, adolphia, wetlands, San Diego marsh elder and spiny rush for the southern portion are mitigable to below a level of significance with implementation of the prescribed measures. E. ARCHAEOLOGY Impacts 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 ElR. The principal focus of these mitigation measures is preservation of the resource and data recovery. Findinl!s Impacts to archaeological resources are mitigable to below a level of significance with implementation of the prescribed measures. F. 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 ValleylEastlakelBonita). 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. 34 Mitillation 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 gritstone) 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 vo!canics-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 offossil material. The paleontological monitor shall work under the direction of a qualified paleontologist. 35 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, divert,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 coilections 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. G. 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. 36 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 of15ite 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 EIR. 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 mitigable to a level below significance with implementation of the prescribed measures. H. 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. 37 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. Findint!S 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. 38 I. 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. Mitil!ation 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. 39 FindinllS 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. J. 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 if the bypass road remains an element of the project prior to SPA level hearings at the City. Findings Traffic impacts related to functional classifications for proposed roads are mitigable to below a level of significance through implementation of the prescribed measures. K. AIR QUALIlY Imoact Short-term pollutant emissions will occur during the construction phase of the project. The air quality impacts are considered significant short-term impacts. Mitigation Measures To reduce short-term pollutant emissions during the construction phase, the following mitigation measures shall be incorporated into the project plan: 40 o Heavy-dutyconstruction equipmentwith 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. Finding The short-term pollutant emissions are mitigable to below a level of significance through implementation of the prescribed measures. 1. NOISE Imoact 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 wall/berm 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 orwall/berm combination should be placed on the building pads at the top of the slope between the residences and the adjacent impacting roadway. The required wall or wall/berm combination height ranges from 8-10 feet for residences adjacent to Route 125 or East H Street; and from 5 to 6 feet for residences adjacent to San Miguel Ranch Road. It should be noted that city regulations do not permit walls over 6 feet in height. Therefore, only the wall/berm combination would be acceptable unless project redesign were implemented. The visual impacts of the walls/berm 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 Miguelo 41 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. M. PUBLIC SERVICES AND UTILITIES 1. WATER Impacts 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 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 42 (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). Findin~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 ChuIa 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. Miti~ation 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 43 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. Findings Sewage-related impacts would be mitigated to below a level of significance with implementation of the prescribed mitigation measures. 3. POLICE PROTECTION ImDact The project would require the addition of three new officers and five additional support staff to the police force. This is a significant impact. Miti~ation Mea.~ures 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 to credit against all or a portion of the Public Facilities Development Impact Fees for Police Services. Findings Impacts to police protection would be mitigated to below a level of significance with implementation of the prescribed mitigation measures. 44 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 fire hazard impacts to dwellings that are located near hillsides. This is a potentially significant 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 (Gave 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). 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). 45 o Implement an acceptable brush management plan, as proposed by the applicant. Impacts of the plan shall be evaluated at the SPA level. Findinll 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. Findings 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. Mitil!ation Measures Implementation of the following mitigation measures will reduce project-related impacts: 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 46 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 of SUHSD 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 SUHSD. 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 ElR. Finding Impacts to schools would be mitigated to below a level of significance through implementation of the prescribed mitigation measures. N. 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 EIR. This may result in a significant trail inconsistency impact. This would be fully examined prior to SPA level approval. 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 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: 47 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. 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. 48 FindinllS Park and Recreation impacts are mitigable to levels below significance with implementation of the prescribed measures. v. INSIGNIFICANT IMPACI'S 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. INFEASmIIl1Y 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 EIR describe reasonable and feasible mitigation measures which could minimize significant adverse impacts. CEQA Guidelines section 15126(c). 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. 49 A. Ai TERNA TIVES 1. No Project Alternative The No Project Alternative was identified as an alternative which would avoid all of the significant unmitigated impacts of the 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 fiscal benefit 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, including 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 U-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 identified in the EIR. 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. 50 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 significant 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 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.d 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 51 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 (significant 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 ElK 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. Visual impacts would still occur along the northern ridgeline of the southern portion adjacent to the SDG&E substation for a 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 ElR 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. 52 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. 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 53 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 EIR 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 LandformNisual 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 applicant believes that 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. VIT. 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 of EIR 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 for 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; 3. Reporting system; and 4. Criteria for evaluating the success of the Mitigation Measures. 54 VDI. 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 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 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 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. 55 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 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 for creation of a 56 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 significant natural features and landforms. These landforms include Mother Miguel Mountain, Wild Man's Canyon and the ridgeline separating Rancho San Miguel from Salt Creek 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. 57 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 stemwall 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 Improvement Plan shall be prepared assessing alternatives for mitigation of air quality impacts. 58 ... - 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. 59