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HomeMy WebLinkAboutPlanning Comm Reports/1993/04/20 (2) April 20, 1993 FROM: Members of the Planning comm~~on Bob 1<;'''. D;,,"" of p.M'o1f,f r ~ Douglas D. Reid, Environmental Review Coordinator TO: VIA: SUBJECT: Effect of Gnatcatcher Listing on Development Projects On March 25, 1993, the U.S. Fish and Wildlife Service (USFWS) listed the California Gnatcatcher as a "threatened" species under the Federal Endangered Species Act. Effective immediately, the listing prohibits anyone from "taking," through development activity, a gnatcatcher or occupied gnatcatcher habitat such as coastal sage scrub. The USFWS may, however, define conditions associated with certain land-use activities under which take of a gnatcatcher would not be a violation of the Endangered Species Act. As a result of the listing, "pipeline" projects in the City which have previously completed the environmental review process must undergo additional environmental review if the project could potentially impact gnatcatchers or coastal sage scrub vegetation. The USFWS could require significant modification to such projects. An addendum to IS-93-15 Chia Chen and Chuang Chu Residence has been prepared to assess biological impacts to the site in light of the listing of the gnatcatcher. In order to comply with federal regulations, the project applicant must confer with USFWS to determine appropriate mitigation prior to the issuance of any grading permit. Until such time a specific regulatory process is established governing the loss of coastal sage scrub habitat, all project applicants in such cases must consult with USFWS regarding development of their site. City staff will work closely with project applicants and USFWS to resolve such situations as expeditiously as possible. gm:\pcgnat.mem ADDENDUM TO NEGATIVE DECLARATION IS-93-15 Chi a Chen And Chuang Chu Residence PROJECT NAME: Chi a Chen and Chuang Chu Residence PROJECT LOCATION: 4045 Palm Drive PROJECT APPLICANT: Chi a Chen Chu PROJECT AGENT: Albert T. Salyi CASE NO.: IS-93-15A I. INTRODUCTION The environmental review procedures of the City of Chula Vista allow the Environmental Review Coordinator (ERe) to prepare an addendum to a Negative Declaration or Environmental Impact Report, if one of the following conditions is present: I. The minor changes in the project design which have occurred since completion of the Final EIR or Negative Declaration have not created any new significant environmental impacts not previously addressed in the Final EIR or Negative Declaration; 2. Additional or refined information available since completion of the Final EIR or Negative Declaration regarding the potential environmental impact of the project, or regarding the measures or alternatives available to mitigate potential environmental effects of the project, does not show that the project will have one or more significant impacts which were not previously addressed in the Final EIR or Negative Declaration. This addendum has been prepared in order to provide additional information and analysis concerning biological and visual impacts. As a result of this analysis, the basic conclusions of the Negative Declaration have not changed. Biological and visual impacts are found to be less than significant for the proposed project. Therefore, in accordance with Section 15164 of the CEQA Guidelines, the City has prepared the following addendum to the Negative Declaration for the Chia Chen and Chuang Chu Residence IS- 93-15. II. PROJECT DESCRIPTION The proposed project involves the construction of a 6,295 square foot, 32-foot 7-inch high single family home. The two-story house will have eight bedrooms and 5 parking spaces. Associated discretionary approvals required include a prezoning to the City's Residential Estate (RE) zone, and annexation to Chula Vista. Further review of the project indicated that the project also requires a conditional use permit pursuant to Section 19.22.060 to allow a building height greater than 28 feet. III. PROJECT SETTING The site is a 1.05 acre sloping, north-facing hillside of nearly 2 to 1 slope. The elevation change from one end of the lot to the other is approximately 100 feet. The site is vacant and covered with native brush and grasses, although plants associated with residential landscaping, such as ice plant, are encroaching onto the site. An abandoned car is located on the northwest corner of the site. To the south, single-family homes line the top of the slope. East of the site is a vacant, shrub-covered slope. One single-family dwelling is located to the west, and to the north a vacant, flat drainage plain occurs. A natural, vegetated open space easement exists to the east. An Sweetwater Authority easement designed for installation of a water main transects the open space area to the southwest of the site. The easement has been severely encroached upon by non-native plants. IV. IDENTIFICATION OF ENVIRONMENTAL EFFECTS A. Biology Impacts Portions of the site and the open space easement adjacent to the contain coastal sage scrub vegetation. As a result of the March 25, 1993 listing of the California Gnatcatcher as a "threatened" species, the "taking" of gnatcatcher habitat is prohibited. In order to comply with federal regulations, as a condition of project approval, the applicant must consult with the U.S. Fish and Wildlife Service (USWFS) to determine appropriate mitigation on the site prior to the issuance of any grading permit. Implementation of a mitigation program approved by USFWS will ensure that biological impacts are less than significant. B. Visual Impacts Section 19.22.060 of the City's Residential Estate (RE) zoning regulations permits the proposed building height of 32'7", which is 4'7" over the 28 feet typically allowed in the RE zone, with approval of a conditional use permit. Due to the slope of the site and the distance between surrounding residences and the proposed building, this increase in height will not be readily noticable. The structure and height of the building is generally consistent with other estate homes in the area. In addition, the increased height will not block the viewshed of any adjacent residences. Thus, visual impacts are found to be less than significant. V. CONCLUSION Biological impacts are found to be less than significant for the proposed project with adoption of a mitigation program acceptable to USFWS. Visual impacts are found to be less than significant for the proposed project due to the topography of the site and the distance of separation between the proposed structure and the surrounding residential uses. Pursuant to Section 15164 of the State CEQA Guidelines and based upon the above discussion, I hereby find that the project revisions to the proposed project will result in only minor technical changes or additions which are necessary to make the Negative Declaration adequate under CEQA. ! REFERENCES IS-93-15 Chia Chen and Chuan Chu Residence, January 4, 1993 General Plan, City of Chula Vista Chula Vista Municipal Code City of Chula Vista Environmental Review Procedures mitigated negative declaration PROJECT NAME: Chia Chen and Chuang Chu Residence PROJECT LOCATION: 4045 Palm Drive ASSESSOR'S PARCEL NO. 593-111-05 PROJECT APPLICANT: Chia Chen Chu CASE NO: IS-93-15 DATE: January 4, 1993 A. Proiect Setting The site is a 1.05 acre sloping, north-facing hillside of nearly 2 to 1 slope. The elevation change from one end of the lot to the other is approximately 100 feet. The site is vacant and covered with native brush and grasses, although plants associated with residential landscaping, such as ice plant, are encroaching onto the site (see Section E, Biologv. for more detailed description of site vegetation). An abandoned car is located on the northwest corner of the site. To the south, single-family homes line the top of the slope. East of the site is a vacant, shrub-covered slope. One single-family dwelling is to the west, and to the north a vacant, flat drainage plain occurs. A natural, vegetated open space easement exists to the east. An easement designed for installation of a water main runs across the open space area above and to the southwest of the site. The easement has been severely encroached upon by non-native plants and contains no sensitive resources. B. Project Description The proposed project involves the construction of a 6,295 square foot single family home. The two-story house will have eight bedrooms and 5 parking spaces. Approximately 1,064 square feet will be graded, with 373 cubic yards excavated, and 557 cubic yards of fill placed on site. Associated discretionary approvals required include a prezoning to the City's Residential Estate (RE) zone, and annexation to Chula Vista. In addition to construction of the residence, a water main will be installed to provide water service to the proposed project. This line will likely be located in a private easement owned by the applicant. The easement runs through an open space area above the site to the southwest. If in consultation with the Sweetwater Authority, the existing water main in Palm Drive is extended instead, it is not anticipated to have any adverse ~I~ -.- .........;-- -~... - - - city of chula vista planning department em OF environmental raview .actlon. CHULA VISTA environmental impacts, as Palm Drive is currently developed and does not contain any natural resources. C. Compatibilitv with Zoning and Plans The site is currently in the County of San Diego, zoned Rural Residential (RR-l), which permits the construction of one single-family dwelling per acre, such as the current project proposes. The project involves annexation to the City of Chula Vista and a prezone to the City's Residential Estate (RE) zone. The RE zone is analogous to the County's RR-l zone, allowing essentially the same single-family uses. Thus, the prezoning does not substantially change the allowed use or increase the permitted density of the parcel. The proposed residential unit is consistent with the RE zone. The General Plan designation of the site is Low Density Residential (0-3 dulac). The project is also consistent with this designation. D. Compliance with the Threshold/Standards Policv 1. Fire/EMS The Threshold/Standards Policy requires that fire and medical units must be able to respond to calls within 7 minutes or less in 85% of the cases and within 5 minutes or less in 75% of the cases. The City of Chula Vista has indicated that this threshold standard will be met, since the nearest fire station is 2 miles away and would be associated with a 6 minute response time. The proposed project would comply with this Threshold Policy. The project site is currently served by the Bonita Sunnyside Fire Protection District (BSFPD). Upon annexation, the project site would be detached from BSFPD, and fire protection services would be provided by the City of Chula Vista. However, under the City's automatic aid agreement, the BSFPD, as the closest fire station to the site, would likely service the proposed project. Due to the difficulty in emergency vehicles accessing the site and the lack of fire hydrants, the Chula Vista Fire Department requires that the project be equipped with a fire sprinkler system. Other requirements may be forthcoming when more detailed site and building plans are submitted to the Fire Department. 2. Police The Threshold/Standards Policy requires that police units must respond to 84% of Priority 1 calls within 7 minutes or less and maintain an average response time to all Priority 1 calls of 4.5 minutes or less. Police units must respond to 62.10% of Priority 2 calls within 7 minutes or less and maintain an average response time to all Priority 2 calls of 7 minutes or less. The proposed project 2 will comply with this Threshold Policy. The project site is currently in the County of San Diego, and therefore falls under the jurisdiction of the County Sheriff. Upon annexation, service will be provide by the City of Chula Vista. The Police Department has indicated that the proposed project will meet the Threshold Policy for the City of Chula Vista. 3. Traffic The Threshold/Standards Policy requires that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur during the peak two hours of the day at signalized intersections. Intersections west of 1-805 are not to operate at a LOS below their 1987 LOS. No intersection may reach LOS "E" or "F" during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this policy. The proposed project will comply with this Threshold Policy. The proposed project would generate an estimated I 0 one-way auto trips per day. The current Average Daily Traffic (ADT) on Palm Drive is not calculated, but the Level of Service (LOS) is estimated at "C" or higher. The LOS would not change as a result of the project. The ADT for Bonita Road is 26,670 currently; after project completion, the ADT would be 26,680, while the LOS would remain at "B" or better. 4. Parks/Recreation The Threshold/Standards Policy for Parks and Recreation is 3 acresll ,000 population. The proposed project will comply with this Threshold Policy with payment of Park Acquisition and Development (PAD) fees. 5. Drainage The Threshold/Standards Policy requires that storm water flows and volumes not exceed City Engineer Standards. Individual projects will provide necessary improvements consistent with the Drainage Master Plan(s) and City Engineering Standards. The proposed project will comply with this Threshold Policy. Existing on-site drainage consists of a brow ditch along the southern property line and surface flow to the adjacent vacant lot to the north. Improvements to drainage facilities will be required in conjunction with the grading permit process to properly redirect flow around the structure. No improvements to off- site drainage facilities are required. 3 6. Sewer The Threshold/Standards Policy requires that sewage flows and volumes shall not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Plan(s) and City Engineering Standards. The proposed project will comply with this Threshold Policy. The proposed project would generate 1 Equivalent Dwelling Unit (EDU, approximately 265 gallons) of liquid waste per day. The property is served by an 8-inch sewer line plugged at adjacent property. This line is adequate to serve the project. 7. Water The Threshold/Standards Policy requires that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and that water quality standards are not jeopardized during growth and construction. The proposed project will comply with this Threshold Policy, with compliance to the requirements of the Sweetwater Authority. Although the Sweetwater Authority has indicated that currently there is not a water main fronting the property, the proposed project includes installation of a water line in a previously obtained easement next to the site, or extending the existing main in Palm Drive. See Section E of this document for a more detailed description of water impacts. E. Identification of Environmental Effects An initial study conducted by the City of Chula Vista determined that the proposed project could have one or more significant environmental effects. Subsequent revisions in the project design have implemented specific mitigation measures to reduce these effects to a level of less than significant. The project, as revised, now avoids or mitigates the potentially significant environmental effects previously identified, and the preparation of an Environmental Impact Report will not be required. A Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. Specific mitigation measures have also been set forth in the Mitigation Monitoring Program which is attached as Addendum "An. The following impacts have been determined to be potentially significant and are required to be mitigated to a level of less than significant. A discussion of less than significant impacts from the proposed project follows. 4 Si~!.llificant. But Mitigable Impacts I. Water Availabilitv Impacts The proposed residence is within the Sweetwater Authority's service area. At this time there is no water main fronting the proposed project. A letter from Richard Reynolds of the Sweetwater Authority to the City (October 27, 1992) indicates that on June 14, 1989 the Sweetwater Authority Board of Directors approved a remote service to the subject parcel. This remote service was subject to the owner obtaining a private utility easement. Because this easement was not obtained until 1992, the remote service was never installed. Due to the time period which has elapsed since then, the Authority will have to re-evaluate water service to the site. Should it be determined that a remote service is no longer feasible, based upon updated fire flow requirements, a water main extension will be required in Palm Drive (see Exhibit A). As detailed building plans are developed, the applicant must submit a letter to the Authority from the appropriate fire agency outlining fire flow requirements. Prior to the issuance of building permits, the applicant shall coordinate with City Engineering and Building Departments, and the Sweetwater Authority to determine whether the water line will be installed across the private easement as originally proposed, or the existing water main in Palm Drive extended. If the applicant provides the required fire flow information and enters into an agreement for water facility improvements with the Authority, water service may be obtained at a pressure ranging from a maximum of 75 p.s.i. to a minimum of 50 p.s.i. at the meter. Adherence to all requirements of the Sweetwater Authority and City Departments regarding water availability is necessary to mitigate impacts to water service to a level of less than significant. The addition of one single family home will cause an incremental impact on water usage in Chula Vista. However, this impact would be less than significant, and could be mitigated through compliance with whatever conservation or fee off-set program the City of Chula Vista has in effect at the time of building permit issuance. In addition, the use of low-flow fixtures and planting drought-tolerant site landscaping could also help offset the incremental water demand. 2. Geology and Soils/Grading Impacts The site consists of a nearly 2 to I sloping, north-facing hillside. Elevation changes between the lower and higher lot boundaries is approximately 100 feet. The slope extends upward to the south roughly 50 feet to an existing row of residential units. A vacant slope is to the east, and a northerly trending stream cut occurs on the eastern portion of the lot. A gunite brow ditch occurs just east 5 of the east property line. A soils report performed by Soils Testers (June 9, 1992) found a loose colluvial mixture of sand and clayey sands. The report outlines two alternative procedures for development on the site, a cut-fill pad, or drilled caissons. The report recommends the caisson supported primary structure, with minimum cut/fill grading operation, over the cut/fill building pad alternative. However, in conjunction with the building permit process, the soils report must be updated to reflect the proposed two-story structure. Adherence to all recommendations set forth in the updated report, and to all requirements of the City Engineering Department are required to ensure that soils impacts are not significant. Less Than Significant Impacts I. Schools Impacts The proposed residential development falls within the jurisdiction of the Sweetwater Union High School District (Bonita Vista High and Junior High School attendance areas), and the Chula Vista Elementary School District (Allen School attendance area). The Elementary School District has indicated that the Allen School is presently operating over capacity. Section 65995 of the California Government Code authorizes school districts to collect fees from developers of both residential and non-residential projects. A fee of $1.65 per square foot of assessable building area is required to assist in financing facilities needed to serve students generated by new residential construction. The fees are split between the two school districts with The Chula Vista Elementary School District receiving $0.73 per square foot and the Sweetwater Union High School District receiving $0.92 per square foot. This fee is assessed for new construction and additions/remodels of over 500 square feet. One single-family home can be expected to generate an average of.3 elementary students, .19 middle-school students, and .1 high school students. Since the same school districts will serve the project whether or not the site is annexed to the City of Chula Vista, and the proposed prezoning will not result in any increase in allowable density, impacts to schools are found to be less than significant. Payment of school fees as outlined above will be required. 2. Noise Impacts Construction of the residences could be associated with noise impacts during the construction phase of the project. Short-term noise impacts could result from 6 the use of earth moving equipment which can produce up to 70/dB(A) and above for backhoes and concrete pavers. However, these impacts would be temporary and would terminate with construction of the project. Additionally, construction hours would be limited to daytime hours in accordance with the City's Noise Ordinance Standards. No long-term noise impacts are anticipated. Therefore, noise impacts are found to be less than significant. 3. Land Use Impacts The proposed project is currently in the County of San Diego, zoned Rural Residential (RR-I). Annexation to the City of Chula Vista and a prezoning to the City's Residential Estate (RE) zone is required. Surrounding land uses include single-family homes to the west and south (beyond the open space easement), a vacant partial lot to the north, and dedicated open space to the east. Construction of a large, single-family would be consistent with the surrounding residential units. The proposed residential unit is one of the last vacant lots in a neighborhood approved and developed many years ago, and represents in-fill development in an area already developed with similar housing stock. Therefore, land use impacts are found to be less than significant. 4. Biology Impacts The site is in a natural state, covered with native grasses and shrubs, and is partially disturbed in limited areas along the northwest portion of the site. Diegan Coastal Sage scrub is present on the site, including Toyon and Lemonade Berry, and would be removed with development of the proposed project. EIR 88-02 analyzed the impact of incremental losses of sage scrub, and concluded that on a project-by-project basis, the loss of less than 5 acres of Coastal Sage Scrub habitat should not be considered significant. Thus. the 1.05 acre proposed development will not significantly impact biological resources. The two pepper trees on the site will remain. The open space easement associated with the project has been invaded with non- native vegetation and contains no significant biological resources. Furthermore, given the surrounding residential development and the presence of domestic cats and dogs in the area, the project area is not expected to support a large or diverse reptile, amphibian, or mammal fauna population. Thus, biological impacts are found to be less than significant. 5. Visual Impacts The site is currently in a natural state, and consists of a sloping, north-facing hillside. The proposed project would construct a 6,295 square foot, two-story 7 house on the site. However, the surrounding dwellings are also built into slopes, and their viewsheds are toward the north and/or east overlooking the nearby canyon. Their viewsheds would not be impacted by the proposed project. In addition, the project abuts a open space easement which contains a greater amount and variety of vegetation than exists on the site itself, and this area is expected to remain in its natural state. Therefore, aesthetic impacts are found to be less than significant. F. Mitigation necessary to avoid significant effects Specific project mitigation measures have been required to reduce potentially significant environmental impacts identified in the initial study for this project to a level of less than significant. Mitigation measures have been incorporated into the project design and have been made conditions of project approval, as well as requirements of the attached Mitigation Monitoring Program (Addendum "A"). I. Water Service Mitigation The applicant must coordinate with the Sweetwater Authority and the City of Chula Vista Engineering Division on the construction or alteration of water facilities. Adherence to all requirements of these agencies is necessary to ensure adequate water delivery systems will be provided to the proposed single-family home. If the appJicant compJies with the Sweetwater Authority, in cooperation with the City of Chula Vista in the provision of adequate water facilities to the site, water service impacts could be reduced to a level below significance. 2. Geologv/Soils Mitigation As a condition of project approval, before building permits are issued, a new soils report which assesses the impact of construction of a two-story residence must be prepared. All recommendations contained in this new geotechnical study must be followed, along with any modifications or additions required by the City of Chula Vista Engineering Division. Once the soils report is accepted by the Engineering Division, significant and unmitigable geological/soils impacts could be reduced to a level below significance. G. Findings of Insignificant Impact Based on the following findings, it is determined that the project described above will not have a significant environmental impact and no environmental impact report needs 8 to be prepared. 1. The project has the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. The proposed project does not have the potential to significantly impact the quality of the natural environment. The loss of Diegan sage scrub habitat is not considered significant, due to its small size. The relatively urban nature of the site and the surrounding residential development restricts its potential to support wildlife, and the site has been designated as an area with low potential for cultural resources. 2. The project has the potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals. The project will not achieve short-term environmental goals at the expense of long-term goals. The project would achieve long-term goals by developing a parcel of land in accordance with the surrounding land uses, and annexation and rezoning of the site to ensure conformance with the City's General Plan and zonmg. 3. The project has possible effects which are individually limited but cumulatively considerable. As used in the subsection, "cumulatively considerable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. Incremental demand on natural resources, including water, would contribute cumulatively to the regional demand on these resources. However, adherence to the Sweetwater Authority and Chula Vista Engineering Division requirements, as well as the specific mitigation measures contained herein, will reduce these effects to less than significant. The project is one of the last remaining sites to be developed in a previously approved subdivision, and therefore represents infill development, and thus will not have a growth-inducing impact. 4. The environmental effects of a project will cause substantial adverse effects on human beings, either directly or indirectly. The proposed single-family residence does not have the potential to adversely 9 impact human health. Noise impacts were deemed to be temporary, and thus less than significant. No other potential impacts to humans or human health were identified. H. Consultation I. Individuals and Organizations City of Chula Vista: Ed Batchelder, Planning Diana Lilly, Planning Roger Daoust, Engineering John Lippitt, Engineering Cliff Swanson, Engineering Hal Rosenberg, Engineering Bob Sennett, Planning Ken Larsen, Building and Housing Carol Gove, Fire Marshal Captain Keith Hawkins, Police Dept. Martin Schmidt, Parks and Recreation Sweetwater Authority: Richard A. Reynolds Chula Vista City School District: Kate Shurson Sweetwater Union High School District: Tom Silva Applicant's Agent: Albert T. Salyi 2. Documents EIR-88-2, Chu!a Vista General Plan Update ElK P&D Technologies, Inc., May 31, 1989 General Plan, City of Chula Vista Soil Tester, Limited Soil Investigation, Proposed Residential Building Site 4045 Palm Drive. June 9, 1992 Title 19, Chula Vista Municipal Code 10 3. Initial Studv This environmental determination is based on the attached Initial Study as well as any comments on the Initial Study and the Mitigated Negative Declaration. Further information regarding the environmental review of the project is available from the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 92010. ~l7<..v-( C ( (L/ "vI/c.. C l;eLl LG.l" ENVIRONMENTAL REVIEW COORDINATOR EN 6 (Rev. 12/90) WPC 0175P 11 ADDENDUM "A" MITIGATION MONITORING PROGRAM Chia Chen and Chuang Chu Residence IS-93-15 In compliance with AB 3 I 80, this Mitigation Monitoring Program (MMP) has been prepared to address the monitoring of implementation of those mitigation measures set forth in the Mitigated Negative Declaration pertaining to IS-93- 15, the Chia Chen and Chuang Chu Residence project. AB 3 I SO requires monitoring of potentially significant environmental impacts. The MMP for the Chia Chen and Chuang Chu Residence project ensures adequate implementation of mitigation for the following potentially significant impacts: Water Impacts Geology/Soils The Mitigation Compliance Coordinator (MCC) shall be the City of Chula Vista Environmental Review Coordinator (ERC). The applicant shall be responsible for ensuring to the satisfaction of the ERC that all conditions of the MMP have been met. I. Water The applicant must coordinate with the Sweetwater Authority and the City of Chula Vista Engineering Division on the construction or alteration of water facilities. Adherence to all requirements of these agencies will ensure adequate water delivery systems are available to the proposed single-family home. 2. Geology/Soils As a condition of project approval, before building permits are issued, a new soils report which assesses the impact of construction of a two-story residence must be prepared. All recommendations contained in this new geotechnical study must be followed, along with any modifications or additions required by the City of Chula Vista Engineering Division. 12