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HomeMy WebLinkAboutPlanning Comm Rpts./1996/08/28 (6) PLANNING COMMISSION AGENDA STATEMENT Item: 1 Meeting Date: 08/28/96 ITEM TITLE: Public Hearing: SUPS-95-02 - Request to construct and operate a municipal waste trash transfer station and material recovery facility at 187 Mace Street - Mace Street Transfer Station, Inc. Mace Street Transfer Station, Inc., (formerly Sky Trucking) (Applicant) is requesting approval of a Special Land Use Permit, SUPS-95-02, to construct and operate a trash transfer station and material recovery facility at 187 Mace Street in the IL-P (Limited Industrial - Precise Plan) Zone on approximately 4.7 acres of land (see Exhibit 1). The proposal includes the construction of a new 63,000 square foot, 30 foot high building. The gross floor area, including existing buildings will be 75,000 square feet. An Initial Study, IS-95-14, was completed on this project which resulted in a mitigated negative declaration. (Attachment 1) RECOMMENDATION: That the Planning Commission adopt the attached Resolution SUPS- 95-02 recommending that the Redevelopment Agency deny the application to construc1 and operate a trash transfer station at 187 Mace Street. (Attachment 2) BOARDS/COMMISSIONS RECOMMENDATION: Under normal circumstances, the Project would be heard by the Southwest Project Area Committee (PAC) instead of the Planning Commission. Due to the fact that the PAC does not currently have enough sitting members to form a quorum, the Southwest Redevelopment Plan makes allowance for projects to be considered by the Planning Commission for a recommendation to the Redevelopment Agency. 1. On July 18, 1996, a public forum was held for the area property owners and business and residential tenants. The results of this public forum are included in the Discussion section of this report. 2. At its August 16, 1996 meeting, the Otay Valley Regional Park Policy Committee and the Citizen's Advisory Committee met and heard presentations on this Project. The Policy Committee voted 3 to 0 and the Citizen's Advisory Committee voted 16 to 2 to support staff's recommendation for denial of the Project. 3. On August 26, 1996, the Resource Conservation Commission will consider the Mitigated Negative Declaration for IS-95-14. A verbal report will be given to the Planning Commission at the public hearing. ISSUES: . Consistency of the Project with the provisions of the Montgomery Specific Plan, the Southwest Redevelopment Plan, the General Plan and the Zoning Ordinance. Page #2, Item: I Meeting Date: 08/28/96 . Impact of a municipal solid waste plant and trash truck traffic on the character of the Montgomery Community. . Compatibility of the Project with surrounding limited industrial land uses and residential areas. DISCUSSION: 1. Site Characteristics/Existing Uses: At present, the site is being utilized as a semi- tractor/trailer storage facility, a use existing at this location at the time of annexation of the Montgomery Community into Chula Vista. A 9,800 square foot warehouse structure and a 2,400 square foot office building currently stand on the site. Along the eastern boundary a drainage way has been partially filled in which must be rehabilitated and brought up to its original capacity and flow. There are also compelling indications that unlawful (non-permitted) trash accumulation and transfer activities are currently being conducted at the site. The facility has been cited by the Local Enforcement Agency (LEA) for allowing about 75 cubic yards of municipal waste to accumulate on-site in violation of County health codes and State law. Please note, however, that staff is not recommending denial of this permit request due to such unlawful actions as this is generally not considered an appropriate reason for denial. This matter is being mentioned in order to describe the current activities taking place on the site. 2. General Plan. Zoning and Land Use: Site: North: South: East: West: General Plan R&LI R&LI R&LI R&LI R&LI Zoning IL-P IL-P IL-P IL-P IL-P Current Land Use Truck terminal/trash transfer station RV parking & industrial storage Steel, welding, used machinery/indust. storage Mini storage Industrial business park The subject parcel located approximately 800 feet south of Main Street on the east side of Mace Street and is 4.69 acres in size (see Exhibit 1, Locator Map). There are two parcels to the south. On the westerly southern parcel, Otay Metal Mart operates a heavy industrial business where used machinery is sold, steel is fabricated and welding operations take place. The easterly southern parcel contains a residential unit, but also appears to be used as a contractor's storage yard. To the south of these two parcels lies the Otay River Valley, which is designated as Open Space on the Chula Vista General Plan and as Parks & Open Space in the Montgomery Specific Plan. Located in the City of San Diego, this area of the Otay River is part of the proposed Otay River Valley Regional Park, which is a significant feature and plays Page #3. Item: 1 Meeting Date: 08/28/96 an important role in the future development of the entire southern portion of the City of Chula Vista. To the immediate east is a mini storage facility. Approximately 650 feet to the east of the Project site is the Date Street residential area. To the northeast lies land apparently used for agricultural purposes as well as several houses which front on Main Street. The area to the west is occupied by an industrial business park containing various industrial land uses. To the southwest at the terminus of Mace Street is a temporary industrial storage facility which was approved through a special use permit (SUPS-96- 05). 3. Proposal: Applicant is proposing to construct and operate a trash transfer station and materials recovery facility, an Unclassified Use. The use, described in the Operational Profile (Exhibit 2), will accept municipal waste, sort that waste, recycle those items which are recyclable, and transport the remaining unrecyclable waste to a landfill. This work will be done in an enclosed, approximately 60,000 square foot structure. Approximately 1,000 tons of municipal solid waste is expected to pass through the facility on a daily basis when operating at maximum capacity. The operation will initially begin with 500 tons per day. All waste brought into the facility is proposed to be shipped out the same day. According to information supplied by the Applicant, the trash transfer station will generate approximately 300 trips per day by all traffic arriving at and departing from the facility. Some of the vehicles will be the neighborhood type trash trucks with 8 to 10 ton payloads, while others will be the larger semi-tractor/trailer type trucks with 24 ton payload capacities. Trash will be cross-loaded from the smaller trucks to the larger trucks which will then move the trash to landfills outside the region. Exhibit 3 explains the traffic figures and how they relate with the facilities planned maximum capacity. 4. Analvsis: Staff is recommending denial of this project because it is our opinion that 1) it is inconsistent with the stated goals, policies and advisory statements of several plans; and 2) it will have a negative impact on the general welfare of the community, surrounding land uses and the character of the neighborhood. This is best conveyed through the required findings: 1. That the proposed use at the location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. It is staff's opinion that this finding can not be made because the proposed use is not necessary nor is it desirable. With the existence of a regional land fill and the recent approval of a similar facility on Maxwell Road, this facility is not necessary. Enough facilities exist or will exist in more appropriate locations so as to adequately serve the Page #4, Item: I Meeting Date: 08/28/96 community. Also, the proposed use will not contribute tot he general welfare of the community. The use would place a heavy industrial use in an area planned and zoned for limited industrial land uses and close to existing residences. 2. That such use will not under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. It is staff's opinion that, if approved, the existence of this facility would be detrimental to the general welfare of the community. The main reason for this is that staff believes the proposed use will have a negative impact on the character of the community gi ven its proximity to residential areas and paths of travel. The Date Street residential area is approximately 650 feet to the east of the site and other non-conforming residential units exist in the general vicinity which are closer than Date Street. Trash trucks coming to and going from the facility would have to travel along Main Street to either 1-5 or 1-805, thus bring an undesirable type of vehicle into the very heart of the Montgomery Community, a type of traffic not currently present in large numbers except for normal trash pickup. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. As described later in this report, the proposed use is an Unclassified Use subject to the provisions of Chapter 19.54 of the Zoning Ordinance. As such, there are no specific regulations or conditions outlined for this use which are applicable. Such regulations and conditions would need to be imposed in a conditional use permit. While the proposed Project may be able to comply with the City's general "performance standards" relating to "Dumps," it is staff's opinion that such compliance would not be an adequate has is for approving the project in light of the other factors discussed in the report. 4. That the granting of this special use permit will not adversely affect the general plan of the City or the adopted plan of any government agency. Applicable Documents: The City's General Plan. the City's Zoning Ordinance, The Montgomery Specific Plan and the Southwest Redevelopment Plan General Plan: The Montgomery Specific Plan acts as the general plan for the Montgomery Community. "The Montgomery Specific Plan shall constitute an integral component of the Chula Vista General Plan, and shall be official land use policy of the City. Its text, graphics, and elements shall be regarded as the comprehensive plan for the Page #5, Item: 1 Meeting Date: 08/28/96 development, redevelopment, and conservation of the Montgomery Community." (Part 2, Page 11, Section D.l) "The Montgomery Specific Plan shall be the constitution of City planning within Montgomery, and shall govern all zoning plans, public works plans, subdivision plans, transportation plans, development proposals, and capital improvement programs affecting the community." (Part 2, Page 11, Section D.2) Zoninf! Ordinance: For lack of another category, the municipal solid waste facility is being processed as a " Dump , " (as listed in Code gI9.54.020.G) which is considered an "Unclassified Use" that can be considered for location in any zone, subject to the issuance of a conditional use permit. This is the same categorization and process which was used in the case of the Maxwell Road facility, which is located in an I (General Industrial) Zone. An Unclassified Use is considered to possess "characteristics of such unique and special form as to make impractical their being included automatically in any classes of use as set forth in the various zones" (gI9.54.010.A). The purpose of the conditional use permit review is to "determine that the characteristics of such use shall not be incompatible with the type of uses permitted in surrounding areas..." (gI9.54.010.B). The reason the trash transfer stations is considered incompatible at this location is more fully explained later on in this report. Briefly, a trash transfer station is considered to be incompatible not only with the permitted uses in the surrounding area, which are light or limited industrial and residential land uses, but also with the character of the Montgomery Community as a whole. Under different circumstances, this proposal may be appropriate, even in an IL Zone. For example, if the site were more remote from residential areas, on the periphery of the IL Zone, not in the heart of the Montgomery Community, and associated with other similar unclassified land uses, such as the Otay Landfill, an application for a condi1ional use permit for a municipal solid waste transfer station may be approved, as was done in the case of the Maxwell Road site. By contrast to this proposed Project, the Maxwell Road site is: . about 1,500 feet, separated by hilly terrain, and located downwind from the nearest residential area; . located on the same road as is used by all traffic going to and coming from the Otay Landfill; . in the 1 (General Industrial) Zone and is in the Otay Valley Redevelopment Area; and . not in the Montgomery Community. Page #6, Item: 1 Meeting Date: 08/28/96 The fundamental issue in this section has been to stress that although the proposed use, as a municipal waste trash transfer station, could be found to be compatible in an I-L Zone given the correct circumstances, it is staff's opinion that it is incompatible at the proposed location due primarily to the stated goals, objectives and implementing programs found in the Montgomery Specific Plan, and the Southwest Redevelopment Plan. The Montgomery Specific Plan and the Southwest Redevelopment Plan are applicable to the future development of the Montgomery Community/Southwest Redevelopment Area, and both have stated goals that are to guide that development. Based on these goals, staff has concluded that the proposed Project is not compatible with the future development pattern of the area. Montl!omerv Svecific Plan: The Specific Plan identifies this area as "Research & Limited Industrial." Based on the following goals, policies and guidelines, staff has concluded that the Project is not desirable at the proposed location and is actually incompatible with the desired development patterns laid out in the Specific Plan: . "II. SUMMARY A. Goals 15. Promotion of planned light industrial development within the Main Street Corridor." (Part 2, page 13) . "2. Land Use and Land Occupancv A review of the Montgomery Survey indicates that the land use and land occupancy characteristics of Montgomery could be improved through the implementation of the following proposals: g. Notwithstanding the Specific Plans's proposal that Montgomery remain an industrial center, it is essential tha1 the existing wrecking yards, junk yards, open storage areas, salvage operations, batching plants and other marginal or heavy industrial uses be, to a substantial extent, gradually phased out, or discontinued." (Planning and Design Proposal E.2.g on page 16) . "Otay Town is characterized by its pattern of mixed commercial, industrial and residential land uses. This land use pattern which lacks order, and amenity, needs substantial improvement. Implementation of the following proposals would significantly improve Otay Town's land use patterns, spacial relations, and aesthetic quality. Page #7, Item: 1 Meeting Date: 08/28/96 1) Heavy industrial and open storage uses should be gradually phased out, and "clean" manufacturing, scientific, and technological industries should be encouraged to replace them. 2) The Main Street Area, as delineated on the plan diagram, should be reserved as a corridor of research and limited industrial uses." (Part 2, Page 29) . The proposed Otay River Valley Regional Park is very near the subject parcel. In recognition of the importance of this park, Goal 17 in Part 2 of the Montgomery Specific Plan calls for the: "Encouragement and establishment of an "Otay River Valley Regional Park." The site is within the Focussed Planning Area (FPA) of the Otay Valley Regional Park, but not within the boundaries of the Regional Park itself. Since the southernmost property line is less than 250 feet from the Park, approval of the project would limit the options in buffering. This would work against Goal 6 on page 3 of Part 2 of the Specific Plan which calls for the: "Creation of physical buffers which ameliorate the adverse effects of changing land uses along interfaces." It is staff's position that allowing a trash transfer station in close proximity to the Regional Park goes against the stated goals of the Montgomery Specific Plan and good planning practices. Southwest Redevelovment Plan: The Southwest Redevelopment Plan was created after the Montgomery Specific Plan. As stated in the Five Year Implementation Plan - Southwest Redevelopment Project Area: "The [Southwest Redevelopment] Project area was created in order to 1) eliminate conditions of blight which negatively impact industrial and commercial development and 2) to implement the Montgomery Specific Plan." (Page 1, Section B, Background) Repeated in the body of the Southwest Redevelopment Plan from the Montgomery Specific Plan is the following redevelopment plan goal: "Promotion of planned light industrial development within the Main Street Corridor." (Compare to Goal 15 in Part 2, page 13 from the Montgomery Specific Plan, cited earlier in this report.) Page #8, Item: 1 Meeting Date: 08/28/96 Besides the above, there are a number of "redevelopment actions" to be undertaken in the Southwest Redevelopment Area. As outlined on page 4: "The [Redevelopment] Agency proposes to eliminate and prevent the spread of blighting influences, and to strengthen the economic base of the Project Area and the community through: "6. The development or redevelopment of land by private enterprises or public agencies for purposes and uses consistent with the objectives of this Redevelopment Plan. Since the Redevelopment Plan is intended to implement the Montgomery Specific Plan, the proposed land use is also considered by staff to be inconsistent with this document and therefore an incompatible use. Section VI.G.8(617), page 19, of the Redevelopment Plan precludes incompatible uses: "Incomoatible Uses No use or structure which is by reason of appearance, traffic, smoke, glare, noise, odor, or similar factors incompatible with the surrounding areas or structures shall be permitted in any part of the Project Area, except as permitted by the governing bodies of the City." The Location: The site on Mace Street is located approximately 650 feet south of Main Street, within 650 feet of the Date Street residential area and approximately 1,100 feet from Otay Elementary School. This is considered to be in the heart of the Montgomery Community/Southwest Redevelopment Area. As such, the proposal to have trash trucks and semi-tractor/trailers loaded with municipal waste moving along Main Street from 1-5, 1-805 and other primary connectors to Mace Street would be to transport waste into and through an area of the City which does not presently accommodate such activity, an area which the City is attempting to upgrade. Introducing this type of traffic is inconsistent with the type of traffic normally associated with light/limited industrial uses. Surrounding Land Uses: The surrounding land uses were described earlier in this report. It is acknowledged that several are heavy industrial uses, but these uses have been in operation since before annexation of the Montgomery area and are considered to be pre-existing, non-conforming land uses, which will eventually be phased out. The existing light industrial land uses are conforming. One of the primary factors arguing for denial of the application is the relative proximity of residential land uses approximately 650 feet to the east of the project site. This is a criteria which was used when the City studied various sites when it was considering a similar facility. Because several of the sites were less than 1,000 feet from residentially Page #9, Item: 1 Meeting Date: 08/28/96 zoned areas, they were automatically rejected from further consideration. This is explained in Section 6 of this report, below, titled "Similar Facilities" in the subsection titled "Criteria Used to In Choosing I 855 Maxwell Road. " 5. Responses to the Notice of Public Hearing:: To date several letters and one petition of opposition have been received by the Planning Department. The letters are from various property owners on Mace Street or the residential area around Date Street. The petition contains 26 signatures from residents who live in the Date Street area. The letters and petition are attached as Exhibit 4. In addition to the written responses, at its meeting of August 14, 1996, the Planning Commission opened the public hearing on this Project and took testimony from those present on the basis they may not be able to attend the August 28, 1996 hearing. The draft extract minutes of this meeting are attached as Exhibit 5. 6. Similar Facilities: Over the last two years, the City has studied various locations with 1he purpose in mind to site a materials recovery facility/trash transfer station within the corporate limits. Initially, fourteen sites were considered, but for various reasons all but three were rejected. Ultimately, the study resulted in the conditional approval on March 19, 1996 of a special use permit, SUPO-96-01 (see Exhibit 6), for the Maxwell Road site located just north of Otay Valley Road. This project has since been taken over by Sexton/Chula Vista Sanitary Service and City involvement is limited to its regulatory responsibilities and not as an actual operator of the facility. As opposed to the Mace Street proposal, the project on Maxwell Road is in an area that is zoned General Industrial, on the same route as trash trucks currently take to the Otay Landfill, is about 1,500 feet and downwind from the nearest residential area and is seperated from that residential area by terrain. These factors, among others, combined in an acceptable project, at an appropriate location, with few impacts to traffic or surrounding land uses. The proposal on Mace Street does not meet any of these criteria. Another transfer station currently operates at 3660 Dalbergia Street in Barrio Logan, San Diego just north of National City and south of the 1-5/1-15 junction. The operator, EDCO Disposal Corporation, had applied to the City of San Diego in September 1994 to reactivate and significantly enlarge a closed waste transfer station. Last November 15, 1995, the San Diego City Council denied the request. The denial was based on that City Council's desire not to amend their Nondisposal Facility Element and because of appeals brought by area residents (Protecting Our Barrio) and a concerned group (Backcountry Against Dumps), which the City Council supported. Criteria Used to In Choosing I855 Maxwell Road: In the staff report to Council for the October 4, 1994 meeting, the criteria used in evaluating the sites was described (see Exhibit 7 for a copy of this staff report). Page #10, Item: 1 Meeting Date: 08/28/96 7. Public Forum: On July 18, 1996 a public forum was held. Approximately 18 people were present. Seven of those present were area residents or property owners and all were opposed to the project. After a brief introduction by City staff and the Applicant, those having an interest in the project brought up the following issues of concern: . Traffic .. What will be the amounts and types of vehicles? .. Will the speed limit remain the same if the use is approved? .. Is there the possibility of street damage from heavier trucks? Responses: Exhibit 3 addresses the first question. Staff: The speed limit on Mace Street is currently 25 MPH. This will remam. Traffic Study: The streets in the vicinity of the project are structurally capable of carrying the proposed types of trucks. . Odor .. How will odor be controlled? Response: Applicant: If approved, the facility will be outfitted with reverse air flow machinery and a misting system that will "eat" odors. . Noise .. Will there be excess noise generated by the land use or associated truck traffic? Response: Applicant: No more than there is at present. . Water Availability .. The current water line is inadequate for the proposed use. Will the applicant be upgrading the water line if the use is approved? Response: Staff: If the project is approved, the applicant will be required to install a water tank on the project site to make up for the inadequacy of the water line. Page #11, Item: 1 Meeting Date: 08/28/96 . The negative image of the neighborhood that will continue to be perpetuated if a trash transfer station is approved. Response: Staff: Image is an important concern and is implied in the Montgomery Specific Plan (see above references, specifically mention of "land use patterns, spacial relations, and aesthetic quality" from Part 2, page 29). . The devaluation of property resulting from such a facility. Response: Staff: The negative image, or perception, will also have an affect on property values, according to some at the public forum. However, staff has seen no compelling evidence to support this and therefore is not in a position to make a recommendation based on devaluation of property values. Of the above issues, traffic, odor, noise and water availability, among others, are addressed more fully in the Initial Study, IS-95-14. 8. Conclusion: Given the foregoing information, staff is recommending that the application be denied. Attachments 1. Mitigated Negative Declaration for Initial Study 15-95-14 2. Commission and Draft Redevelopment Agency Resolutions 3. Disclosure Statement Exhibits 1. Locators, Site Plans, etc. 2. Operational Profile 3 . Average Daily Traffic Trips Snmmary 4. Correspondence 5. Extract of the Minntes from the 8/14/96 Planning Commission Meeting 6. Staff report for SUPO-96-01 (m:\home\planning\martin\maCt:SL\9502pc.rpt) Attachment 1 Mitigated Negative Declaration for Initial Study IS-95-14 MITIGATED NEGATIVE DECLARATION PROJECT NAME: Mace Street Transfer Station PROJECT LOCATION: 187 Mace Street ASSESSOR'S PARCEL NO: 629-130-27 PROJECT APPUCANT: Mace Street Transfer Station, Incorporated CASE NO: IS-95-14 DATE: August 16, 1996 A. Proiect Settim!: The project site consists of 4.72 acres located at 187 Mace Street. The site is currently used as a trucking terminal. Existing facilities include three small-frame office structures adjacent to Mace Street and a 9,800 square foot warehouse structure to the east of the frame buildings. The latter has an adjacent depressed loading dock. Other facilities include: a fuel island, a truck scale, and a truck washing facility. The existing facilities are to be left in place with the exception of the fuel island and the most southerly frame structure which interfere with the proposed access to the new facility. Along the eastern boundary, a drainage area has been partially f1lled in. The Engineering Department is requiring that fmal improvement plans be submitted to the satisfaction of the City Engineer prior to the issuance of a grading permit. There are two parcels to the south. On the westerly southern parcel, Otay Metal Mart fabricates steel and welding operations take place. The easterly southern parcel contains a residential unit, but also appears to be used as a contractor's storage yard. To the south of these two parcels lies the Otay River Valley, which is designated as Open Space pn the Chula Vista General Plan and as Parks and Open Space in the Montgomery Specific Plan. Located in the City of San Diego, this area of the Otay River is part of the proposed Otay River Regional Park, which is a significant feature and plays an important role in the future development of the entire southern portion of the City of Chula Vista. To the immediate east is a mini storage facility. Approximately 900 feet to the east of the project site is the Date Street residential area. To the northeast lies land apparently used for agricultural purposes as well as several houses which front on Main Street. The area to the west is occupied by an industrial business park containing various land uses. To the southwest at the terminus of Mace Street is a temporary industrial storage facility which was approved through a special use permit (SUPS-96-05). ~ted on the north is RV parking and industrial storage. .- I -2- Adjoining land uses to the south of the property are two parcels: Otay Metal Mart, an industrial business use where steel is fabricated and welding operations take place; and a parcel containing a residential unit and a contractors' storage yard. Tpe area to the immediate east is a mini storage facility. Located on the north is RV parking and industrial storage. To the northeast lies land used for agricultural uses as well as several houses which front on Main Street. B. Proiect DescriDtion Mace Street Transfer Station, Incorporated (Applicant) (formerly known as Sky Trucking) is requesting approval of a Special Land Use Permit to construct and operate a trash transfer station and material recovery facility at 187 Mace Street. The proposal includes the construction of a new 63,000 square .foot, 30 foot high building. There will be two depressed loading pits (pit floor 7"-6" below finish floor), one each on the west and east sides of the building accessed by ramps from the north side of the building. The pits will be separated by a 200 foot wide grade level tipping floor. A 9-ft. high reinforced concrete push wall will separate the tipping floor from the loading pits. Truck ingress and egress to and from the tipping floor will be through six 16 ft wide by 28 ft high roll-up doors in the north wall of the building and two such doors near the center of the south wall. Transfer ODeration DescriDtion The facility will receive solid waste from commercial businesses, construction and demolition debris from construction sites and green waste from landscaping operations. Conventional front or rear loading packer trucks, trucks with roll-off boxes up to 24-ft long, small dump trucks, and small trucks with trailers, etc., hauling these wastes will enter the facility through the Mace Street entrance, cross the scales to be weighed in, and proceed to the transfer building. Some of the vehicles will be the neighborhood type trash trucks with 8- to 10-ton payloads, while others will be the larger semi- tractor/trailer type trucks with 24-ton payload capacities. The transfer building is designed such that facility operators have the flexibility to direct these refuse trucks to the north side of the building where they can be backed up through anyone of six door openings and have their contents deposited on the tipping floor or to direct them to either the south or north side of the building where they can drive directly into the building, deposit their loads on the tipping floor and exit the opposite side. After the refuse vehicles deposit their contents on the tipping floor, they will exit the building, proceed to the scales for a final weight check, and exit the facility by way of Mace Street or, in the case of vehicles with pre-recorded tare weights, will proceed directly to the Mace Street exit. Once deposited on the tipping floor, the solid waste will be "floor sorted" by facility personnel toremove, to the extent possible, all recyclable items such as corrugated cardboard, wood, aluminum, ferrous metals, concrete and asphalt rubble, green waste, etc. This material 'will be loaded into large semi-truck trailers and shipped to recyclable material processing facilities. Due to the nature of the material (Le. construction demolition debris, green waste, and commercial business waste), it is anticipated that approximately 20 percent of the solid waste entering the facility will be recovered in this manner for reuse. The remaining, non-recoverable material will be loaded into large volume transfer truck trailers and shipped to a facility-designated landfill. -3- The work will be done in an enclosed structure. Approximately 1,000 tones of municipal solid waste is expected to pass through the facility on a daily basis when operating at maximum capacity. The operation will initially begin with 500 tons per day. All waste brought into the facility is proposed to be shipped out the same day. According to infomuition supplied by the applicant, the trash transfer station will generate approximately 300 trips per day by all traffic arriving at and departing from the facility . The hours for the transfer station are proposed to be from 7:00 A.M. to 8:00 P.M. An estimated 8 employees per shift with 2 shifts are planned. One hundred customers (incoming deposits) per day are estimated based on 1000 tons of material per day with each customer averaging 10 - 12 tOns. There are an estimated 40 deliveries (outgoing trips) per day based on 1000 tons per day. The service area is outside Chula Vista but within the greater Southbay based on current Otay landf1ll usage. Discretionarv Actions The site is zoned IL-P (Limited Industrial-Precise Plan). Discretionary actions required for project approval include a Special Land Use Permit, Design Review, a streambed alteration permit from the California Department of Fish and Game and possibly a permit from the Aimy Corp of Engineers. A state solid waste facility permit is also required from the Solid Waste Management Board. Environmental Controls At the Planning Department's request, in February 1995 Hans Giroux of Hans Giroux and Associates reviewed preliminary plans for the proposed construction of a materials recovery facility Itransfer station at 187 Mace Street. Comments and recommendations on design features to minimize potential nuisances related to odor, dust and noise from such operations were requested. The result of that request was a document titled Mace Street Transfer Station Nuisance ImDact Potential. Recommendations generally covered three main areas: 1. Mechanical ventilation of the MRF/TS structure to disperse as emissions at roof-top instead of ground level. 2. Installation of a dust control fogging system to which odor counter-reactant (OCR) could be added for additional odor control, and, 3. Compliance with City of Chula Vista noise standards from operation of any mechanical equipment and from on-site operations of trucks and materials handling equipment. These recommendations were accepted by the applicant and incorporated as part of the project design. A discussion of these and other "environmental controls" or design features incorporated into the project design follow. -4- Dust Dumping the contents of refuse trucks on the tipping floor and moving the materials to sort for recyclables can create dust clouds, especially if the contents include dirt or construction and demolition debris. The negative pressure/roof-top exhaust will remove some of the smallest dust particles, but the heavier dust may settle out within the building on workers and equipment. The heavier dust will be controlled through the use of a manually operated "fme misting system" located above and immediately adjacent to the transfer vehicle loading pits at the east and west sides of the building. Water is sprayed under very high pressure through nozzles. The tiny water droplets agglomerate the suspended dust and cause it to settle out faster within the transfer station. Chemicals will be added to the water for odor control. These chemicals have, in the past, been mainly deodorizing agents. Dust control may therefore have an odor control benefit with the addition of such odor-reducing agents. Any evidence of dirt "track-out" onto Mace Street shall be removed by washing or sweeping at the conclusion of each work day. Implementation of the above described measures and incorporation of these design features will reduce impacts to below a level of significance. Odors Odors will be controlled through (1) the use of "odor eaters" [Le., odor counter-reactants (OCR)] dispersed through the misting system and (2) the mechanical system which will be designed to provide complete air changes every 15 minutes. There are several products available which, when dispersed through a misting system as noted, will actually eliminate odors as opposed to simply covering them up. The system shall contain provisions to add an OCR to be activated when refuse odor is detectable beyond the property line. Sufficient on- site OCR shall be maintained to supply the system for 48 hours at chemical feed levels recommended by the OCR manufacturer. The ventilation system will consist of two rows of six roof-mounted, 8,000 cfm exhaust fans located approximately 20 ft and 60 ft, respectively, from the south building wall. Four of the fans will be mounted on the low roofs directly above the transfer vehicle loading pits; the other eight will be located on the high building roof above the tipping floor. Air will be drawn into the building through the north (3,150 sq. ft.) and south (900 sq ft) door openings and exhausted through the roof by the above noted fans. The total volume of exhausted air will be approximately 1.44 million cu ft every 15 minutes or 96,000 cu ft per minute (cfm). A fme water mist will be released as required to remove any dust particles from the air above the loading areas, but will be controlled such that standing water will not accumulate on the tipping floor. Water from the loading dock will drain into the sanitary sewer. Implementation of the above described measures and incorporation of these design features will reduce impacts to below a level of significance. Noise Any noise generated within the transfer building from operating equipment, trucks depositing their contents on the tipping floor, the sorting out of recyclable materials, or the loading of transfer vehicles is expected to be attenuated by the building structure. Nine-ft. high reinforced concrete push walls will -5- surround the entire tipping floor except where door openings occur. These wails are intended to deaden the sound generated from within the building. Door openings on the north and south sides of the building are approximately 211 ft and 80 ft, respectively, from the north and south property lines. These distances will further attenuate any noise generated within the transfer building. . Roof mounted mechanical equipment will be shielded as required to reduce operating noise to acceptable levels. The City noise standards must be met. Implementation of the above described measures and incorporation of these design features will reduce impacts to below a level of significance. Hazardous Materials The applicant will be required to prepare a hazardous waste management plan for review and approval by the Conservation Coordinator at the time of the building permit issuance. Since household hazardous substances such as paint, aerosol cans, batteries, etc., may be found in solid waste loads which have been deposited within the transfer building, a prefabricated, fire rated storage cabinet will be provided for the temporary storage of such materials. This cabinet will be readily accessible to floor sorters in the event such materials are encountered and will be emptied of its contents on a regular basis which will not exceed 90 days. The contents will be appropriately disposed of off-site by a licensed hazardous materials contractor. Hazardous materials will not knowingly be accepted at this facility. Vectors The facility will be swept clean of all trash and debris at the end of each operating day thereby eliminating nesting and hiding places for vectors. In the event that evidence is found of the existence of vectors, professional extenninators, under contract with the facility operator, will eliminate them from the facility site pursuant to the requirements of their service agreement. Loose Trash Facility personnel will circulate throughout the entire site on a regular basis plucking up loose and blowing trash that may have dropped off of trucks entering or exiting the facility thereby keeping the grounds clean and free of blowing debris. C. Comuatibilitv with Zoninl! and ~ The site is within the Southwest Redevelopment Plan Area and is within the Montgomery Community which is governed by the Montgomery Specific Plan. The parcel is designated Research and Industrial Manufacturing on the General Plan and is zoned IL-P (Limited Industrial-~ise Plan). For lack of another category, the project is being processed as a "dump" (in the Code f 19.54.0200) which is considered an "Unclassified Use" that can be considered for location in any zone, subject to the issuance of a conditional use permit. An Unclassified Use is considered to possess "characteristics of such unique and special fonn as to make impractical their being included automatically in any classes of use as set forth in the various -6- zones" (~19.54.010.A). The purpose of the conditional use permit review is to "determine that the characteristics of such use shall not be incompatible with the type of uses permitted in surrounding areas and for the further purpose of stipulating such conditions as may reasonably assure that the basic purposes of this title shall be served." (~19.54.01O.B) Given the performance standards, and mitigation measures of this land use at this location as . incorporated in the project design and description as well as additional mitigation measures of this document, there is not substantial evidence that a "fair argument" can be made that there would be a significant land use conflict bringing about an adverse change in any of the physical conditions within the area affected by the project. Section 15382 of the CEQA Guidelines defmes "significant effect on the environment" as a "substantial or potentially substantial, adverse change in any of the physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance." With the granting of a Special Land Use Permit for the project, which includes the mitigating project design features described herein and incorporated as conditions through the other mitigation measures set forth herein, the project could be compatible with the City's applicable zoning and pl~ and performance standards regarding special land use permits. However, additional fmdings would need to be made under the City's conditional use/special land use permit process in order to support the issuance of such a permit. Therefore, there is a potential land use compatibility issue at a policy level (Montgomery Specific Plan, Southwest Redevelopment Plan, Otay Valley Regional Park Plan) not resulting in a physical change in the environment. D. Identification of Environmental Effects An initial study conducted by the City of Chula Vista determined that the proposed project as mitigated will not have a significant environmental effect, 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. Concerns regarding additional truck traffic and potential impacts of the same have been raised by adjacent residents and property owners. The Engineering Department has reviewed the proposed use and determined there will be no additional trips over and above the existing use. (See attached Trash Transfer Station, Average Dailty Trips Generated.) F. Mitigation necessary to avoid significant effects The proposed land use will be subject to initial and continuous compliance with the performance standards as specified in the Municipal Code. Drainal!:e The preliminary drainage study indicated that impacts can be mitigated to a level below significance and that fmal improvement plans which include design features such as the use of Enkamat (interlocking blocks with voids to allow growth of vegetation acceptable to the Resource Agencies) that improve the flow, decrease the velocity, minimi7.e flooding and increase erosion control protection shall be incorporated into the project to the satisfaction of the City Engineer prior to issuance of grading permit. -7- Water Prior to the issuance of a grading permit the Sweetwater Authority must provide clearance that there are adequate water facilities (tank, pipes. etc.) and fire flow to service the project. Hazardous Waste Prior to the issuance of a grading permit the applicant must submit a Hazardous Waste Management Plan for the approval of the Conservation Coordinator. Odor The operation of the transfer station's mechanical system which will provide complete air changes every 15 minutes, and the use of odor counter reactants dispersed through the misting system in the facility will mitigate odor impacts to less than significant. No storage of readily biodegradable material on-site for more than 48 hours, the mechanical ventilation system being continually operated at one-third or more capacity if any readily biodegradable material is stored indoors for more than 24 hours. Noise The enclosure of the operation within a building structure, including nine foot high reinforced concrete walls, and shielding the roof mounted mechanical equipment will reduce noise levels to below significance. Four of the eight roll-up doors remaining normally closed are to be opened only when the volume of truck traffic requires additional access to prevent truck queuing. . State and Federal - Permits Permits will need to be obtained from the California Department of Fish and Game and the Army Corp of Engineers (if required). A state solid waste facility permit is also required from the Solid Waste Management Board. ImJ! The applicant must purchase a mini-street sweeper to keep the grounds free of loose trash. Dust Pavement of all travel paths and barriers to any unpaved surfaces is required. Any evidence of dirt "track-out" onto Mace Street shall be removed by washing or sweeping at the conclusion of each work day. A misting system for dust control shall be installed capable of maintaining average dust levels of less than 5 mg/m3 in areas of public or on-site employee exposure. -8- G. Mandatory Findimrs of Sil!Ilificance Based on the following findings, it is detennined that the project described above will not have a significant environmental impact and no environmental impact report needs 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 f"Ish 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 site is currently developed as a trucking terminal and used as an unpennined trash transfer station. As the California Deparunent of Fish and Game will want to review whether the reconstruction of the drainage channel on the eastern property line will impact the quality of the habitat downstream from the project, the applicant will be required to obtain a Streambed Alteration Permit and will be required to satisfy the State Agency should they require any mitigation prior to the issuance of a City grading permit. It is the opinion of the City that the project does not have the potential to substantially degrade the quality of the environment, to reduce the habitat of a fish or wildlife species or threaten to eliminate any animal or plant community. 2. The project has the potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals. Compliance with the conditions and/or mitigation that may be required from the California Department of Fish and Game, the Solid Waste Management Board and possibly the Army Corp of Engineers, in addition to the mitigation measures stated herein, shall insure that as long as the project operates, the project will not have the potential to achieve short-tenn environmental goals to the disadvantage of long-tenn environmental goals. 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. This project does not have the potential to be individually limited but cumulatively considerable. The environmental analysis contained in the Initial Study considered potential cumulative impacts. It was detennined that with project specific mitigation measures regarding water, hazardous waste, trash, noise, solid waste (permits) and biology (permits), dust and odor impacts would be reduced to below a level of significance and would not be "cumulatively considerable" in combination with current and future probable projects result in impacts which could be "cumulatively considerable. " -9- 4. The environmental effects of a project will cause substantial adverse effects on human beings, either directly or indirectly. The proposed project subject to design features and mitigation measures incOlporated herein will not cause substantial adverse environmental effects on human beings either directly or indirectly to the extent that it will be required to meet all threshold standards, performance standards and requirements of various City departments and by so doing will assure that the quality of life is maintained. H. Consultation 1. Individuals and Or2anizations City of Chula Vista: Roger Daoust, Engineering John Lippitt, Engineering Cliff Swanson, Engineering Steve Thumas, Engineering Bill Ullrich, Engineering Kirk Ammerman, Engineering Garry Williams, Planning Martin Miller, Planning Steve Griffm, Planning Michael Meacham, Conservation Coordinator George Krempl, Deputy City Manager Ken Larsen, Director of Building and Housing Doug Perry, Fire Marshal Emmett Horsfall, Fire Department Captain Zoll, Police Department Mary Jane Diosdado, Police Department Martin Schmidt, Parks and Recreation Department Barbara Reid, Planning Alex Saucedo, Building Department Glen Googins, City Attorney's Department Chula Vista City School District: Kate Shurson Sweetwater Union High School District: Tom Silva Applicant's Agent: Mark Watton County of San Diego, Local Enforcement Agency: Ken Calvert SEC Engineering: Pat Lawrence and Harry Cain Algert Engineering: Jim Algert -10- 2. Documents Chula Vista General Plan Sky Trucking, Annual Precision Tightness Tank Test, August 12, 1994 (in compliance with California Underground Storage Tank Regulations) Mace Street Transfer Station, Nuisance Impact Potential, Hans Giroux, February 2, 1995 (This study analyzed the potential impacts of: odor, dust and noise) ReDort of Preliminarv Environmental Site Assessment (phase I-ESA) - 187 Mace Street, Chula Vista, California by Southern California Soil and Testing Inc. - March 9, 1996 TransDortation and Circulation Study. Skv Truckinl!/Pacific DisDosal- 187 Mace Street, Chula Vista, 5/27/96 Hvdrolol!V. Hvdraulics. Main Street, Jim AIgert Channel Bank ImDfovement Plan, (Hlueline) Jim AIgert Water ConsumDtion Data, Harry Cain o~~ hJ2/ Signan@ 811t:.~7" ate Environmental Review Coordinator (b:\maa:.nd) July 19, 1996. File No. YS-611 TRASH TRANSFER STATION 187 MACE STREET AVERAGE DAILY TRIPS GENERATED I. ~XISTING USE-SXY TRUCKING TRUCK COUNT - 183 ONE-WAY TRIPS/DAY - 366 TWO-WAY TRIPS EMPLOYEE AND PATRONS - 17 X 2 _ 34 TWO-WAY TRIPS TOTAL DAILY SEY TRtra%lfa TRIPS . 400 TWO-WAY TRIPS II. PROPOSED USE - PACIFIC DISPOSAL INC. \ CAPACITY (TONS/DAY): 50\ 1500\ 85\1850\ 100\11000\ A. TRASH TRUCK TRIPS 8 TONS/TRIP: 63X2 . 126 TRANSFER TRUCK TRIPS 25 TONS/TRIP: 20X2 - 40 107X2 - 214 125X2 . 250 B. 34X2 - 68 '. 40X2 - 80 Expected transfer station plant capacity is 850 tons/day and maximum capacity is 1000 tons/day. The trash trucks can carry up to 12 tons but would average less than 9 tons/trip, The transfer trucks can carry up to 25 tons/trip. Therefore the total two-way daily trips at capacity is: Trash Trucks - 250 two-way trips Transfer Trucks ---12 two-way trips TOTAL TRUCK TRIPS - 330 two-way trips c. Employees & patrons in passenger vehicles and pick-up trucks are expected to generate about 70 two-way trips, TOTAL PROJECT DAILY TRIPS AT CAPACITY. 330 + '70 . 400 TWO-WAY TRIPS The total number of trips for this project at 100\ facility capacity (1000 tons/day) is the same number of trips as Sky Trucking's vehicular trips. The number of heavy truck trips from Sky Trucking (366) versus the propo8edproject's at the anticipated daily work rate of 850 tons/day (214 + 6B - 282) represents a heavy. vehicle net reduction of 84 trips (23t). The comparative heavy vehicle reduction at full capacity is 36 trips (10'). (M: \1O'f\ElGINEER\ 'lRAFfIC\IIAWDT . FIR) THIS PAGE INTENTIONALLY BLANK ~ ----~-- ._.~-'---- ------ .---- . .' . Er,y,rOl1rr.E"'IC. C:".!i..t::...s V . 3711 ~ong Beocn all Ni"~ Floor long Beach. CA 90807 3]0 426-95.44 FAX .310 427-0805 ,.. SCS ENGINEERS .:.. .. FACILITY DESCRIPTION SKY TRUCKING COMPANY CHULA VISTA TRANSFER STATION ..< SITE DESCRIPTION This 4.72: .cre f.cility site islocet.d in south San Diego County.t 187 Mac. Str.et in the City of Chula Vista. The -L-shaped- site is .cc....d from Mace Street which dead ends approximately 750 ft. south of the flcility .ntrlnce. The site is zoned I-L, Umited Industrial, which is consistent with the surrounding property uses. Currently, the site is being used IS a trucking terminel. Existing f.cilitias include three small-fr.me office structures adjacent to Maca Straet and I Ilrge metal warehouse building to the elst of the frlme buildings. The latter hes an adjacent depre..ed loading dock. Other flcilities include a fuel isllnd and a truck seele. The existing flcilities are to be left in pllce with the exception of the fuel islsnd and the most sOUtherly frlme structure which interfere with the proposed acce.. to the new flcility. TRANSFER BUILDING DESCRIPTION The proposed transfer building will melsure 230 ft in the .ast-west dir.ction and 160 ft in the north-south direction 136,800 sq ft). The building will be primarily of prlHngineered metel construction with reinforced concrete weill Ilong I portion of the north Ind south .leVltions. The .ave heights will be approximately 33 ft Ind the ridge will be Ipproxi- mltely 40 ft lbove grade. c.". -;~:-::.. .~ ,. - ,'! .. There will be two depre...d loading' pita (pit floor 7'-6-~w finish floor): one elch on the west Ind .Ist aides of the building acce...d by remps from the north aide of the building. The pita will be ..psrated by a 200 ft wide grade level tipping floor, A 9.ft high reinforced concrete push wall will sepsrete the tipping floor from the loading pita. Chicago Cincinnati Kansos City 105 Angeles New York Norfolk , Ph:-_,!", ,'" So!"'; f.~nc:~cc SeattlE' Tompe Voncou....e.. Be JVmhir:g!On D C @ c c sa INon , - Truck ingre.. and egr... to and from the tipping floor will be ttv~h aix 16 ft wid. by 28 ft high roll-up door. in the north wall of the building and two such door. nelr the c.nt.r of the .outh will. TRANSFER OPERATION DESCRIPTION - Th. flcility will r.c.ive .00id walt. from comm.rciel busine..... construction and demolition d.bri. from construction eite.. and green wa.t. from Jandacaping operations. Conventional front or relr loading pack.r trucks. trucks with roll-off boxes up to 240ft long, smlll dump trucks. and amlll trucks with trliler.. .tc.. heuling theM wast.s will enter the flcility through the Mice Street .ntranc.. cro.. the acales to be weighed in. end proceed to the trensfer building. The trlnsfer building is d.signed such that facility operetor. heve the fI.xibility to direct these refuse trucks to the north aide of the building where they can be backed up through eny one of six door openings. end hey. their contents d.posited on the tipping floor or to direct them to .ither the south or north aid. of the building where they can drive dir.ctly into the building, deposit their loads on the tipping floor end exit the opposite aide. After the refuse vehicles d.posit their contents on the tipping floor. they will.xit the building. proceed to the aceles for a final weight check. end .xit the fecility by wey of Mice Street or. in the caM of vehicles with pre-record.d tIIr. weights. will proceed directly to the Mlc. Street exit. Once deposited on the tipping floor. the solid welt. wUl be -floor sort.d- by fecility lllflonnel to remove. to the extant pouible. .11 recycl.bll It.ms such es old corrugeted cerdboard (OCC). wood. aluminum. ferrous metel.. concrete end esphalt rubble. green weste. etc. This met.riel will be loaded into transfer vehicles end shipped to recyclabl. meteriel processing fecilities. .... ... Due to the nature of the met.riel (i.... construction demolition d.bris. gre.n wllte. end commlrcill busine.. wllte). it is enticipated that epproximetely 20 perc.nt of the solid weste .ntitring the fecility will be recowred in this menner for ,.use, o 2 (.) u .. JaINGI'-f- The remeining. non-r.cover.ble mat.riel will be loed.d Into lerg. volume 1100: cu ycI capacity) transf.r trail.r. and 8hIppecl to . fecil~.aignet.d lendfill. The.. transf.r vehicl.s will .nt.r the facility by way of the Mece Street .ntrllnc. using the bypass lene end .xIt onto Mec. Street .fter atopping.at the acel.. for finel w.ight recordation. . ..... Assuming thet a aingl. 8S0F front-end loader can loed one tranSf.r vehicl. 117.S: ton capacity) .very 1 S minut.., the f.cility capacity, using two loading pita, .nd operating at eo-perc.nt .fficiency (i.... .llowing for personnel br.aks. inciclentel work stoppage. .tc,) will be approximat.ly 1.260 tons per 10 hour day. ENVIRONMENTAL CONTROLS Ibm Dust. if any is creat.d through the transf.r operations d.scribed below. will be controlled .through the use of a manually operat.d -fine miating- .yst.m locat.d .bov. and imm.di. ately adjacent to the tr.nef.r vehicle loeding pits at the .ast .nd w.st aide. of the building. The misting .yst.m will be operated by facility personnel who will be observing the loading operations at .11 times. A fine water mist will be re.....d a. required to remove any dust particles from the .ir .bove the loeding .r.... but will be controlled .uch that standing wat.r will not accumulate on the tipping floor, Odor. Odors will be controlled through C1I the usa of -odor eat.rs- (i.... ocIor count.r.,.actl~1 dispersed through the misting ayat.m and (21 the mechanical .yst.m which will be deaigned to provide complet. .ir chang.. .very '5 minut.s. .' .".' Ther. ar. llveral producta .veileble which. when dispersed ttvough . misting syst.m .. noted. will actUllly .Iiminet. odors as oPPOI~d to simply coverl.-,g them up: '" The ventiletion .yst.m will consist of two row. of lix roof-mOUntlld. 8.000 cfm exhaust fens locat.d approxim.t.ly 20 ft.nd 80 ft. respectively. from the south building w.lI. .' c 3 . G c scs_- Four of the fans will be mounted on the low roofs directly above the transfer vehicle loading piU: the other eight will be located on the high building roof above the tipping floor, Air will be drawn into the building through the north (3.150 sq ft) and south (900 sq ftl door openings and exhausted throu.gh the roof by the above noted fans, The total volume of exhausted air will be approximately 1:44 million cu It avery 15 minutes or 96.000 cu ft per minute (cfm). tmlu Any noise genersted within the transfar building from operating equipment. trucks depositing their contents on the tipping floor. the sorting out of recyclable materials. or the loading of transfer vehicles is 'expected to be attenuated by the building structure. Nine-ft high reinforced concrete push walls will surround the entire tipping floor except where door openings occur. These walls ere Intended to deaden the sound generated from within the building. Door openings on the north and south aides of the building are approximately 211 ft and 80 ft, respectively. from the north end aouth property lines. These distances will further attenuate any noise generated within the transfer building. Roof mounted mechanical equipment will be shielded as required to reduce operating noise to acceptable levels. H8%.rdou. Materl.l. The facility will not knowingly accept hazardous meterials: however, since household . hazardous substances such as peint, aeroaol cans. batteries, ate., may be found in solid waste loads which have been deposited within the transfer building. a prefabricated, fire rated storage cabinet will be provided for the temporary storage of such materials. . This cabinet will be readily accessible to floor eorters In the avent such materials are encoun- tered and will be emptied of Its contents on a regular basis which will not axceed 90 days. The contents will be appropriataly disposed of off site by a licensed hazardous materials contractor. - 4) 4 . () u . ICS INOINIRS - V.etara The facility will be swapt clean of all trash and debris at the end of each operating day thereby eliminating nesting and hiding pa.ces for vectors, In the event that evidence is found of the existence of vectors. profeaaional axterminators. under contract with the facility oPerator. will eliminate them from the facility .e purauant to the requirements of their service agreement. Loose T....h Facility personnel will circulate throughout the entire site on a regular basis picking up loose and blowing trash that may have dropped off of trucks entering oi-exiting the facility thereby keeping the grounds clean and free of blowing debris. .. ..' ... .......'. ~.:- ~...:. . :_~(.;,~ .. -- ....... . ......_~ -.,:.':..1- . - .- - .' '/ o 5 '. 'I " :a o " o CI) .~ I!! hi ~ ::! o ~ - ~ It '" fit -t --.. G . om PAOrvooeD TRANSFER 8TA11ON dili,- _:. SOI1rH IAYRECUON i l .........,. 11........,...........-. . ....1 ARCHITICTa - I.O'HI'" _ GOHITR.CTOR. _ .. _ ..-r, ........ 1& "_ "'" __ . -... __ I .--. . .Ii fit C c: -t :I: . . ~ ~'. - . c . 1'1 ... !I ~~:... v III -.... ~I I " . . " ~. .---- --.--..- -.." > " ~- ...~: ~,' .-' 'J. ..~'.:~":,'~. :- , . .,~?-. I.. '.-..-;>'! a ! " ?-. APPLICATION CANNOT B1 \~-CEPTED IDn.ESS SITE PLAN IS FOLDED TO FIT INTO AN 8-112 X 11 FOLDER INITIAL STUDY F<< Offic:etJ~QnIy .' rase No.ts- '15", ~ .... 'DpslAmnl ~()~ Cv Receipt ~0.1:a/1P}1 ." DIIe Rec d. . . . AC'<<ptCd by Project No. . -. DpslNo, ;., CIP No.- Related % No ~/Jf'{j- ,O~ .' . City of Chula Vista . Application Forni A. BACKGROUND J. ProjectTitle t"SH~P- St:r'p-pt: TrRnAfpr ~t-Rt-inn 2. Project Location (Street address or description) 187 Ha c e Chula Vista Street Assessors Book. Page &. Parcel No. 629-130-27 3. Brief Project Description Municipal Solid Waste Transfer Station ( See Attachment) 4. Name of Applicant Skv Trnrkincr Tn,. Address 187 Mace Street City Chula Vista Nmneof~p~~Agent MArk WA~~nn Address 412 Crosby Street City San Die20 Relation to Applicant (' n n a 11 1 ~ an" 6. IndiclIe all pennits or approvals and enclosures or documents required by the Environmentp' Review Coordinator. s. Fax# 234-2338 Slate r: A Phone 234-8744 Zip Ql Qll Fax# 234-2338 Phone 234-8744 Zip Q?111 Slate CA a. Pennits or approvals required '- - ---_.//.. I _ General Plan Amendment _ Rezone,lPrezone _ Grading Permit _ Tenwive Parcel Map _ Site Plan &. Arch. Review _ Special Use Permit . _ Design Review AWlication _ Tentative Subd. M~p _ Redevelopment Agency OPA _ Redevelopment Agency DDA _ Public Project Annexation _ Specifk Plan _ Conditional Use Permit _ Variance _ Coastal Development _ Other Permit H project is a General Plan Amendment and/or ru.one. please indicate the change in desianation from to b. Enclosures or documents (a required by the EnvironmeniaI Review Coordinator). -.-: Grading Plan _ Parcel Map _ Precise Plan _ Specific Plan _ Traffic Impact Repon _ Hazardous Wate Assessment Arch. Elevl1ioos - Landscape Plans = Tentative Subd. Map _ Improvement Plans _ Soils Report _ GeoleCbnical Report _ Hydrological Study _ Biological Study _ Archaeological Study Noise Assessment = OIlIer Agency Permit _ OIlIer \\7'(' F:'.J.lOME\PLA.''''"ISc:\..~~.E!J\!':1.l.A.93 (Ref. 102:0.93) (Rd. J022.93) Page 1 ( . 7. Indicate other applical'ions for pennits or approvals that are bein&' submitted at this time. a. Pennits or approvals required. General Plan Amendment _ RezonelPrezone _ Grading Permit _ TenWive Parcel Map _ She Plan II. Arch. Review . _ Special Use Permit _ Design Review Application _ TenWive Sulld. Map _ Redevelopment AgenCy OPA _ Redevelopment Agency DDA _ Public Project Annexation _ Specific Plan ~ Conditional Use Permit Variance _ Coastal Development . _ Other Permit B. PROPOSED PROJECT 1. a. Land Area: square footage 204,296 or acreage 4.69 If land area to be dedicated. state acreage and purpose. ---.--:--- b. Does the project involve the construction of new buildings. or will existing structure be uti1ized?Existino struct"nTP1=: will hiP inrnrpn'l"at-AA .f"+-^ U~A along with a new building. 2. Complete this section if project is residenti81 or mixed use. a. Type of development:_ Single Family _ Two Family _ Multi Family Townhouse Condominium b. Total number of structureS c. Maximum height of structureS d. Number of Units: I bedroom 2 bedroom 3 bedroom 4 bedroom Total Units e. Gross density (DU/total acres) f. Net density (DU/total acres minus any dedication) g. Estimated project population h. Estimated sale or rental price range i. Square footage of structure j. Percent of lot coverage by buildings or structureS k. Number of on-site parking spaces to be provided 1. Percent of site in road and paved surface 3. Complete this section if project is commercial or .i!!..dustrial or Jnixed use, a. Type(s) of land use Tn" 11 C:... To( c.l c. Floor area 49. 000 Height of StrIIct\I1'CS(s) 4 3 I . Type of construction used in the structure E xi s tin II and metal build in s. New 39,OOOSF meta W1t concrete wainscot. b. Blork wpc:F:~021.A.93 (101. 1WJ.93) (101.101193) p...z , ) d. Describe major access points to the structures and the orlCntation to adjoining properties and streets Site access will be from Mace Street. Due to flag shape of parcel, majority of activity will not be visible to Mace St. e. Number of on-site parking spaces provided 2.() f. Estimated number of employees per shift 8 Number of shifts 2 Total 16 g. Estimated number of customers (per day) and basis of estimate 100 Ba sed 0 n 1000 tons Der day with each Clt~tnmer AverAoino 10-12 ~nn~ each. h. Estimated number of deliveries per day 40 Based on 1000 tons per day i. Estimated range of service area and basis of estimate G rea t e r Sou t h b a v are a based on current Otav landfill UReaOp.. j. Type/extent of operations not in enclosed buildings Non e . A 11 act i v i t Y inside facility. k. Hours of operation 6 am to 10 pm 1. Type of exterior lighting High pressure sodium, downward directed. 4. H project is other than residential, commercial or industrial complete this section. a. Type of project b. Type of facilities provided c. Square feet of enclosed St1Uctures d. Height of struClUre(S) - maximum e. Ultimate occupancy load of project f. Number of on-site parking spaces to be provided g. Square feet of road and paved surfaces h. Additional project characteristics c. PROJECf CHARACTERISTICS 1. Will the project be required to obtain a pennit through the Air Pollution Control District (APeD)? Yes. Transfer building will have an oder and dust control system with a negative air pressure collector for the tipping floor. WI'C,j':~021.A.93 (lid. 1020.93) (lid. 11122.93) PI&C3 2. Is any type of grading'or excavation of the property anticipated? No If yes, complete the following: a. Excluding trenches to be backfilled, how many cubic yards of earth will be excavated? Onlv inrirl~n~~l Gm^tt".~ fnrwa" ~--.~-8&. 8'8. b. How many cubic yards of fill will be placed? c. How much area (sq. ft. or acres) will be graded? d. What will be the: Maximum depth of cut Average depth of cut Maximum depth of fill Average depth of fill 3. Describe all energy consuming devices which are part of the proposed project and the type of energy used (air conditioning, electrical appliance, heating equipment, etc.) ( See Attachment ~ ) 4. Indicate the amount of natural open space that is part of the project (sq. ft. or acres) o S. If the project will result in any employment opportunities describe the nature and type of these jo~. Approximately 15 positions. ranRinQ from a ~it~ m~n~ig~ and accountant. ~atlinm~n~ npDra~^r SUDervi~nr ~nrl lahnr 6. Will highly flamrnable or potentially explosive materials or substances be used or stored within the project site? Only fuel for loadinR eQuioment ( d; "....1 ) 7. How many estimated automobile trips. per day, will be generated by the project? ( See Attachment A ) 8. Describe (if any) off-site improvements necessary to implement the project. and their points of access or cOMection to the project site. Improvements include but not limited to the following: new streets; street widening; extenSion of ,IS, electric. and sewer lines; cut and fill slopes; and pedestrian and bicycle facilities. All improvements are; n ~n ..; ~.. Pqe4 wpc:F~011.A.93 (W. 1010.93) (M 1021.93) D. DESCRIPTION OF ENVIRONMENTAL SE1TING I . I. GeololtV Has a geology study been conducted on the property? N n (H yes, please attach) Has a soils report on the project site been made? Yes (. See At t a c h e d ) (H yes, please attach) 2. HvdrololtV Are any of the following features present on or adjacent to the site? v.. " (H yes, explain in detail.) a. Is there any surface evidence of a shallow ground water table? No b. Are there any watercourses or drainage improvements on or adjacent to the site? Yes. Draina e from Main Stre 0 c. Does lUI10ff from the project site drain directly in to or toward a domestic water supp y ~ n e 1 . lake, reservoir or bay? No d. Could drainage from the site cause erosion or siltation to adjacent areas? N n e. Describe all drainage facilities to be provided and their location. S tan d a r d des i g n for industrial site to conform to existing re~ulations. 3. Noise a. Are there any noise sources in the project vicinity which may impact the project site? ExistinR industrial uses surround site b. Will noise from the project impact any sensitive receptors (hospitals. schools. single- family residences)? No. 4. BiololtV a. Does the site involve any Coastal Sage Scrob vegetation? No b. Is the project site in a natural or partially narural state? No c. H yes. has a biological survey been conducted on the property? Yes No (Please attacb a copy.) d. Describe all trees and vegetation on the site. Indicate locaiion, height, diameter. and species of trees, and which (if any) will be removed by the project.. N 0 n e WI'C:F:~OZI.A.93 (Ilol. 1020.93) (Ref. 102Z.93) PaceS S. Past Use of the Land a. Are there any known historical or archeological resources located on or near the project site? No b. Are there any known paleontological resources? No c. Have there been any hazardous materials disposed of or stored on or near the project site? Not on site, Not aware of any permitter near site. Site does have permitted diesel fuel storage tank. d. What was the land previously used for? Industrial Truck terminal Anrl ~r11rk ~nrl trAil~T narkinQ 6. Current Land Use a. Describe all stJUctures and land uses currently existing on the project site. Three block buildinQs of aoorox. 2440 S.F. one metal buildin~ approx. 9800S.F.,diesel fuel facility, truck scale and parking. area. b. Describe all stJUctures and land uses currently existing on adjacent property. Nonh South East West 7. Social a. Are there any residents on site? No If so, how many? b. Are there any current employment opportunities on site? Yes If so, how many and what type? 9. 3 office and 6 yard workers 8. Please provide any other infonnation which may assist in the evaluation of the proposed project. see attachment A WJIC:F:~021.AS3 (W.IOJJ.93) (lot 10n.93) Pop 6 E. CERTIFICA nON '-) I, as owner/owner in escrow. --- or I, co~~ or J~ 4U. Ctf.... ....l!... r?A- W",."o.N Print name HEREBY AFFIRM, that to the best of my belief, the statements and infonnation hezein contained are in all respects true and correct and that all known infonnation concerning the project and its setting has been included in this application for an Initial Study of possible environmental impact and any enclosures for attachments thereto. ... J'j;f ~ r.;a or ;/aP t1J~\...- Consultatu or Agent Signature $-/5-75 Date .If acting for a corporation, include capacity and company name. ~021.A.93 (10(.1020.93) (!lot 1022.93) PIC.? INITIAL STUDY PROCESSING AGREEMENT Wc..--....,1(.?- Name of Applicant: Address: I City: (? '1'-'<A I ~.;-.. Name af Authariz.ed Representative (if signatory): Address: ~/2 C4.Ds.", y $;- City '5A N 011---<> Agreement Date: Deposit Arnaun!: Stale .... fl'fllu... ~~~..,' Phone Z3 ~~"?+ Zip 91 '" - , Stale Co.. Phone Z3~~6'>M Zip 92..,_? This Agreement ("Agreement") between the Oty of Cbula Vista. a chartered municipal corporation ("Oty") and the forenamed applicant for an Initial Study r Applicant"), effective as of the Agreement Date set forth above, is made with reference 10 the following fll:l5: Whereas, the Applicant has applied 10 the City for an Initial Study of the type aforereferenc:ed rlnitial Study") which the City has required 10 be obtained as a condition 10 penniaing the Applicant 10 develop a parcel of property; and, Whereas, the City will incur expenses in order 10 process said Initial Study tJuough the various depanmenl5 and before the various boanIs and commissions of the City ("Processing Services"); and. Whereas, the pwpose af this agreement is 10 reimburse the Oty for all expenses it will incur in connection with providing the Processing Services; Now, therefore, the panies do hereby agree, in elChange for the mutual promises herein contained, as follows: I. Applicant's Duty 10 Pay. The Applicant shall pay.aII of the City's expenses incUJTed in providing Processing Service related 10 applicant's Initial SbJdy, including all of the Oty's direct and avedIead costs related thereto, This duty of the Applicant shall be referred 10 herein as die .Applicant's Duty 10 Pay." A. Applicant's Deposit Duty As partial performance af the App1icant's Duty 10 Pay, the Applicant shaI1 deposit the amount afarereferenced rDeposit"), . I. The City shaI1 charge lis lawful expenses incurretI in providing Processing Services against the Applicant's DeposiL If, after the conclusion of processing the Applicant's Initial Study, any portion of the Deposit remains. the Oty shaI1 return said baJance 10 the Applicant without inlerat thereon. If, during the processing of the Applicant's Initial Study, the amount of the Deposit becomes WIausted. or is imminendy likely to become exhausted in the opinkJn of the Oty, upon notice of _ by the City, the Applicant shaI1 forthwidl provide such additional deposit as the Oty shaI1 calculate as IQSOIIably Jle("r~"'Y 10 continue 10 provide Processing Services, The duty of the Applicant 10 initially deposit and to supplement said deposit as herein required shaI1 be known as the "Applicant's Deposit Duty", ll. City's Duty The City shaI1' upon the condilion Chat the Applicant is not in 1nach of the Applicant's Duty to Pay or the Applicant's Deposit Duty, ase good faith 10 provide processing services in relation 10 the Applicant's Initial Study applicatian. WPC:F:~021-A.9.I (aG. 10211.9.1) (aG. 11112.9.1) Pqea ~) A. The City shall have no liability hereunder to the Applicant for the failure to process the Applicant's Initial Study application, or for failure to process the Applicant's Initial Study within the time frame requested by the Applicant or estimated by the City. B. By executian of this agreement, the Applicant shaJJ have no right to direct or otherwise influence the conduct of the Initial Study for which the applicant has applied. The City shaJJ use its discretion in evaluating the Applicant's Initial Study application withOut regard to the Applicant's promise to pay for the Processing Selvices, or thecxecutim of the AgreemenL m. Remedies A. Suspension of Processing In addition to all other rights and remedies which the City shaJJ ocherwiae have at law or equity, the City has the right to suspend mJlor withhold the processing of the Initial Study which is the subject matter of this Agreement, as well as the Initial Study which may be the subject maau of any other Permit which Applicant has before the City. B. Civil Callection In addition to all other rights and remedies which the City shall otherwise have all Jaw or equity, the City has the right to collect all sums which are or may become due hereunder by civil action, and upon instituting litigation to collect same, the prevailing party shaJJ be entitled to reasonable attorney's fees had costs. IV. Miscellaneous A. Notices All notices, demands or requests provided for or pennitted to be given pursuant 10 this Agreement must be in writing. All notices, demands and requests to be sent to any party shaJJ be deemed to have been properly given or served if personally served or deposited in the United Slates mail, addressed to such party, postage prepaid, registered or certified. with return receipt requested, at the addresses identified adjacent to die. signatures of the parties represenlecl. B. Governing LawNenue This Agreement shall be governed by and constJued in accordance widl the Laws af die State of California. Any action arising under or relating to this Agreement shaJJ be brought only in the fedel31 or state courts located in San Diega County, State of Ca1ifornia, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this agreement, and performance baeunder, shaJJ be the City of OIuIa Vista. C. Multiple Signatories If there are multiple signatories to this agreement m beha1f of Applicant, each of,uch signatories shaJJ be jointly and severalJy liable for the performance of Applicant" duties herein set forth. D. Signatory Authority The signatory 10 this agreement hereby wananta and representa that it is the duly designated agent for the Applicant and has been duly authorized by the Applicant 10 execute this Agreement m behalf of the ApplicanL Signatory shall be personaDy 1iabIe for Applicant', Duty 10 Pay and Applicant's Duty 10 Deposit in the event it has not been authorized 10 execute this Agreement by the ApplicanL WPC:F:~OZI.A.93 (W. 1020.93) (W. 10%1.93) Page 9 ( E. Hold Harmless Applicant sballdefenc!, indemnify and hold harmless the City, its elected and appointed offICers and employees, from and against all claims for damages, liability, cost and expense (including withoutlirnitalion auomeys' fees) .-ising aut ofproc:essing Applicant's Initial Study, except only for those claims arising from the sole negligence or sole willful conduct of the City, incum:d by the City, its OffICers, agents, or employees in defending against such claims, whether the same proceed to judgement or not. FIII1her, the Applicant, at its own expense, sball, upon wriUCn request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Applicant's indemnifcatjon of the City sball be limited by any prior or subsequent declaration by the ApplicanL F. Administrative Claims Requirements IIId Procedures. No suit or arbitration shall be brought arising out of this apeement, against the City unless a claim has fltSt been presented in writing and filed with the City of Chula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time ID time be amended. the provisions of which arc inCOlpOrated by the reference as if fully set forth herein, and such policies and procedwes used by the City in the implementalion of same. Upon request by the City, the Applicant shall meet and confer in good faith with the City for the purpose of RSOlving any dispute over the terms of this AgreemenL Now, therefore, the parties hereto, having read and undentood the terms and conditions of this agreement, do hereby express their consentlD the tenns hereof by setting their hand hereto on the dale set forth adjacent thereto. City City af Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 By: Dated: Applicant (or authorized representative) ~ 'TIW~-"- By: 4P~ By; Dated: -:5 ~ ( -5--. '75 wpc:F:~02I.""93 (W.lo>>.93)(IoI: IIm.93) Paae 10 '-.. , ) "-,-' THE CITY OF CBULA VISTA DISCLOSURE STATEMENT Swement of disclosure of cenain awnership interests, payments, ar campaign contributions, on all matters which will require discretionary action on the pan of the City Council, Plllllling Commission, and all ather official bodies. The following information must be disclosed: L List the names of all persons have a financial interest in the contract, i.e., C:OlI!rIcIar, aubcontractar, material supplier. All... 2. If any person identified pursuant 10 (1) above is a c:orpotation ar partnership, list the names of all individuals awning more than 10\\\ of the shares in the c:orpotatian or oWl\ing any partnership interest in the partnership. . :]O~/fII dJ/Ui"'~i S4.-vlJ/t. C-wU,IN>..';-:/ 3. If any person identified pursuant 10 (I) above is DOn-profit organization or a tnJst, list the names of any person serving as director of the non-profit arganization or as trustee or beneficiaJy or trustee of the trust. "'/14 4. Have you had more than $250 wonb af business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the pastlWelve months? Ale S. Please identify each and every person, including any agents, employees, consuJllllts ar independent contractors who you ha.x~ assigned 10 represent you !tefore the City in this matter. /nA4Jb w...~ - ~""c..""AI&- 6. Have yau and/or your officers ar agents, in the aggregate, contributed more than $1,000 10 . Council member in the current ar preceding election period? Yes ( ] Na J>4. If yes, IIate which Council member(s): . Pmoa io oIoliDod u: . ADy iIIdividuaI, firm. ex>-puarsbip, joiat _"" .............. IDCiIJ club. fnIolIIII 011"'"-...... COIJIOIIIioa. _Ie. ....... ncem:r.I)'Ddicato,1bU ODd lID)' _rCOWl!)'. oily ODd COWI!)'. oily, -"""lily, _ or-'poIiIic:oI ~ or III)' _r puup or COIIIbiIwio. KIiDa u . 1IIIit. . Date: $-(5- "75 CNOD: ADdIIIIdiIioaoI_ u --.y) ~N ('''''U-I''~:'V Print or type name of COIIIrICIOr/app1ic:am WPC:F:\HOMElPLANNINGISTOREDIIOZI'''.9J'Ref. IOZO.93)(Ref. 1022.93) .....11 CueNo. TS-Q5-T4 APPENDIX DI CITY DATA SHEET PLANNING DEPARTMENT L Current Zoninll on site: IL-P Limited Industrial sub;ect to a Precise Plan North Il-P limited Industrial sub~ect to a Precise Plan South Il-P limited Industrlal subJect to a Preclse=Plan ~ Il-P limited Industrial subiect.to a Precise Plan 1VeH Il-P'limited Industrial subject to a Precise Plan Does the project confonn to the c::urrent zoning' Yes. with the orantino of a Special Use Pennit n. General Plan land use designation on lite: Research and Limited Industrial subject to a Precise Nonh Research and limited Industrial subJect to a PreC1S Plan Plan. South Research and limited Industrial subject to a Precise Plan Ean Research and limited Industrial subject to a Precise Plan VVea Rp~par~h and I imitp-d Industrial subiect to a Precise Plan Is the project compatible with the General Plan Land Use Diagram' Yes. with the granting of a Speclal Use Permlt . Is the project area designated for conservation or open space or adjacent to an Ina so designated' Proiect area is in close Droximitv to the Otav River and future Otav Valley ReQional Par Is the project located adjacent to any scenic routes' No (If yes. describe the design techniques being used to protect or enhance the scenic quality of the route). m. Schools If the proposed project is residential. please complete the following: N/ A School CaD.citv Enrollment Units Pronosed 0aIeraIiD& Factors .Studenls Generated Prom Proiect EJe>-n'.ry ,. .30 J9 .10 JuDior High Sealor Hiib IV. Remarks: O--~" fI2-I Director of . g or Rcpmsenwive Auaust 16. 1996 Date MC;F:i~IIZ1JI..,.IIII.fJ) (W.103DJIS) "1 Case No.~ ENVIRONMENTAL CHECKLIST FORM : - 1. Name 01 Proponent: Mace Street Transfer Station, IDe. 2. Lead Agency Name and Address: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 3. Address and Phone Number 01 Proponent: Mace Street Transfer Station, IDe. 187 Mace Street Chula Vista, CA 91911 .. 234-8744 4, Name 01 Proposal: Mace Street Transfer Station S. Date of Checklist: August 16, 1996 ,--...., .. ....., ........ ....... -y.-.. -- -_.- .1 N. ....... ..,. . ....... ...... 1. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or C C 181 0 zoning? b) Conflict with applicable environmental 0 0 181 0 plans or policies adopted by agencies with jurisdiction over the project? c) Affect agricultural resources or C C 0 181 operations (e.g., impacts to soils or farmlands, or impacts from incompatible land uses)? - Pip 1 -aUf Slpdftant ,,"poet ........... Slpdllcanl Vnle.. Mid...... Leu than Slpdftant ,,"poet No ,,"pad d) Disrupt or divide the physical 0 0 0 ~ arrangement of an established community (including a low-income or minority community)? Comments: The applicant must obtain approval of a Special Use Permit and Design Review application. The applicant needs to obtain a Streambed Alteration Permit from the California Department of Fish & Game and possibly a permit from the U.S. Army Corp of Engineers as a result of the improvements that are needed to the channel on the eastern edge of the property. A State Solid Waste Facility Permit is also required from the Solid Waste Management Board. The City Engineer will confirm in coordination with the Planning Department that all impacts have been mitigated to below a level of significance. The site is within the Southwest Redevelopment Plan Area and is within the Montgomery Community which is governed by the Montgomery Specific Plan. Tbe parcel is designated Research and Industrial Manufacturing on the General Plan and is zoned IL-P (Limited Industrial-Precise Plan). For lack of another category, the project is being processed as a "dump" (in the Code ~ 19.54.020G) which is considered an "Unclassified Use" that can be considered for location in any zone, subject to the issuance of a conditional use permit. An Unclassified Use is considered to possess "characteristics of such unique and special form as to make impractical their being included automatically in any classes of use as set forth in the various zones" (~19.54.010.A). The purpose of the conditional use permit review is to "determine that the characteristics of such use shall not be incompatible with the type of uses permitted in surrounding areas and for the further purpose of stipulating such conditions as may reasonably assure that the basic purposes of this title shall be served." (~19.54.010.B) b:mcc.c:hIr. Page 2 -""1 SlpUl.... Impod -""1 SIpUI.... UnJ... MlU...... Leu...... SIpUI..... Impoet No Imp... Given the performance standards, and mitigation measures of this land use at this location as incorporated in the project design and description as well as additional mitigation measures of this document, there is not sUbstantial evidence that a "fair argument" can be made that there would be a significant land use conflict bringing about an adverse change in any of the physical conditions within the area affected by the project. Section 15382 of the CEQA Guidelines defines "significant effect on the environment" as a "substantial or potentially substantial, adverse change in any of the physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance." With the granting of a Special Land Use Permit for the project, which includes the mitigating project design features described herein and incorporated as conditions through the other mitigation measures set forth herein, the project could be compatible with the City's applicable zoning and plans and performance standards regarding special land use permits. However additional findings would be need to be made under the City's conditional use/special land use permit process in order to support the issuance of such a permit. Therefore, there is a potential land use compatibility issue at a policy level (Montgomery Specific Plan, Southwest Redevelopment Plan, Otay Valley Regional Park Plan) not resulting in a physical change in the environment. II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or 0 0 0 181 local population projections? b) Induce substantial growth in an area 0 0 0 181 either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially 0 0 0 181 affordable housing? Comments: The proposed project will not induce growth as it will service the existing area. Housing will not be displaced as the existing land use is a truck transfer station. b:'maoe.cbJr. Poae 3 _1II1y -l1li7 IlpUI..... lao 111m Slpllltant VnI... 1IonIII..... No Imp" MId...... Impad Impad III, GEOPHYSICAL Would the proposal result in or expose people to potential impacts ' involving: a) Unstable earth conditions or changes in 0 0 0 181 geologic substructures? b) Disruptions, displacements, compaction 0 0 0 181 or overcovering of the soil? c) Change in topography or ground surface 0 0 0 181 relief features? d) The destruction, covering or 0 0 0 181 modification of any unique geologic or physical features? e) Any increase in wind or water erosion of 0 0 181 0 soils, either on or off the site? f) Changes in deposition or erosion of 0 181 0 0 beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay inlet or lake? g) Exposure of people or property to 0 0 181 0 geologic hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards? Comments: The paving of this currently unpaved site could bring about an insignificant increase in the erosion of soils into the channel to the east of the property as a result of moving the unsupported fill. The improvements required prior to issuance of a grading permit as discussed in Section F of the Mitigated Negative Declaration under drainage mitigate any erosion to a level below significance. IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage 0 181 0 0 patterns, or the rate and amount of surface runoff? b:a.oc.cbk Page 4 -..., _011, IlpIII..... Luolhan IlpIII..... VId... SIpUI..... No ........ MIIIpIed ........ "'poct b) Exposure of people or property to water 0 0 181 0 related hazards such as flooding onidal waves? c) Discharge into surface waters or other 0 0 0 181 alteration of surface water quality (e.g., temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water 0 0 181 0 in any water body? e) Changes in currents, or the course of 0 0 0 181 direction of water movements, in either marine or fresh waters? f) Change in the quantity of ground 0 0 0 181 waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? g) Altered direction or rate of flow of 0 0 0 181 groundwater? h) Impacts to groundwater quality? 0 0 0 181 i) Alterations to the course or flaw of 0 0 0 181 flood waters? j) Substantial reduction in the amount of 0 0 0 181 water otherwise available for public water supplies? b:'mac8.cbk p.,eS PotenCIal), SlpIUI..... Imp'" ............y Slplflcant Val... Mldpled Leu..... SlplUlcanI Imp'" No Impact Comments: The paving of this site could cause more run-off and as a result an insignificant increase in the amount of surface water. This is a less than significant impact. An updated soils study will be needed prior to issuance a grading permit. A Phase I Environmental Site Assessment performed in March of 1996 by Southern California Soil - Testing Inc. reviewed features of surface staining of soil, the presence of petroleum products and subsurface fuel storage tanks. There was no indication that the degree of surficial contamination and possible subsurface contamination exceeds that expected for sites that support commercial operations such as the subject site. No further studies were recommended or appeared to be needed at this time. With the implementation of Section F of the Mitigated Negative Declaration, drainage, all changes in the rate and surface runoff will be mitigated to below a level of significance. V. AIR QUALI1Y. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? o o 181 o c) Alter air movement, moisture, or temperature, or cause any change in climate, either locally or regionally? d) Create objectionable odors? o o o o o 181 181 o o 181 o o e) Create a substantial increase in stationary or non-stationary sources of air emissions or the deterioration of ambient air quality? o o o 181 b:'macs.cbk Page 6 -.rI7 .. -...,.. -r"-'" ....... ~ ..... ~r.-'" N. ....... --11 . . ....... ...... Currently, any significant increase of air pollutant emissions is significant because of an non-attainment condition, however, there will no .increase in trips as a rCSIJlt of this project. - The operatian of the transfer station's mechanical system which will provide complete air changes eveI)' 15 minutes, and the use of odor COIInter.reactants (OCR) dispersed through the misting system in the facility will mitigate odor impacts to less than significant. Comments: GirOWt & Associates reviewed a detailed facility description and site drawings and conducted a site visit to view existing wck terminal operations. Their obselVations and recommendations are as follows: · The open doors provide an inlet for air to circu.late in the odor control system and the odors are processed and exit throu.gh the ceiling exhaust. · The existing operation shows evidence of dirt "track-out" from wck terminal traffic. Pavement of all travel paths and barriers to any access of unpaved SIlrfaceS is recommended. · The misting system with an OCR option is "the state of the art" in dust/odor control. . Mitigation meaSllres that have been included in Section F of the Negative Declaration or have been incorporated into the project plans include: · That four of the eight roll-up doors remaining normally closed be opened only when the volume of wck traffic requ.ires additional access to prevent wck queuing. · No storage of readily biodegradable material on-site for more than 48 hou.rs, the mechanical ventilation system being continually operated at one-third or more capacity if any readily biodegradable material is stored indoors for more than 24 hou.rs. · Any evidence of dirt "track-ou.t" onto Mace Street shall be removed by washing or sweeping at the conclusion of each workday. · A misting system for dust controllhall be installed capable of maintaining average dust leveJs of less than 5 mglm' in areas of public or on-site employee exposu.re. · The system shall contain provisions to add an OCR to be activated when remse odor is detectable beyond the property line. · Sufficient OCR shall be maintained on-site to mpply the iystem for 48 hou.rs at chemical feed levels recommended by the OCR manufactu.rer, - P...7 VI. TRANSPORTATION/CIRCUlATION. Would the proposal fuult In: '. a) Increased vehicle trips or traffic congestion? b) Hazards to safety from design features (e.g" sharp curves or dangerous intersections) or incompatible uses (e,g., farm equipment)? c) Inadequate emergency access or access to nearby uses? d) Insufficient parking capacity on-site or off-site? e) Hazards or barriers for pedestrians or bicyclists? f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? r' ....., ~J ...--, ...... - o o o o o o o .....---.,. .....- .- ..... ~ .. o o o o o o o --- ~6-. ...... No ...... o 181 o 181 o 181 o 181 .. o 181 o 181 o 181 h) A "large project" under the Congestion 0 0 0 181 Management Program? (An equivalent of 2400 or more average daily yehicle trips or 200 or more peak-hour vehicle trips.) Comments: The Traffic Engineering Division has determined that na additional trips over the current use are expected and that reconstruction of Mace Street and Main Street are not required as a result of this project. Attached to the mi1igated negative declaration is a detailed break-down of the projected average daily trips (AD1) expected to be generated currently with the proposed use. Studies supplied by the applicant and reviewed by the Engineering Department are referenced in Section H, Documents. -...... p.... 8 -.a, ~- ._~ ....... r ._~ --~ - ....... --- " .--w- ....... No ....... VII. BIOLOGICAL RESOURCES. Would the proposal ruult in impacts to: a) Endangered, sensitive ~es, species of concern or species that are candidates for listing? b) Locally designated species (e.g., heritage trees)? c) Locally designated natural communities (e.g, oak forest, coastaJ habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian and vernal pool)? e) Wildlife dispersal or migration corridors? f) Affect regional habitat preservation D D D IBI planning efforts? Comments: As the pad is already developed and used for a truck terminal, there are no biologically sensitive resources on site. As there is a mitigation measure requiring the applicant to reconstruct the adjacent channel, the applicant will be required ta obtain permits from the California Department of Fish &. Game and the Am1y Corps of Engineers, and to meet any mitigation measures that may be required as a result of the same. D D D IBI D D D IBI D D D IBI D IBI D D D D D IBI VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy D D D IBI conservation plans? b) Use Don-renewable resources in a D D D IBI wasteful and inefficient manner? c) If the site is designated for mineral C C C II resource protection, will this project impact this protection? - "'9 r "-111 r ...., -i.-V- ...... ~~ .-.. UIIIMI -. .---- Ife ...... ....... ...... ...... Comments: The proposed project will not conflict with adopted energy conservation plans, use non-renewable resources and is not desipated for mineral resource protection. IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release. C C C 181 of hazardous substances (including, but not limited to: petroleum products, pesticides, chemicals or radiation)? b) Possible interference with an emergency COD 181 response plan or emergency evacuation plan? c) The creation of any health hazard or DIBle 0 potential health hazard? d) Exposure of people to existing sources 0 0 0 181 of potential health hazards? e) Increased fire hazard in areas with 0 0 0 181 flammable brush, grass, or trees? Comments: The applicant must provide a Hazardous Waster Management Plan prior to issuance of a grading permit The applicant's compliance will mitigate impacts to below a level of sipificance. Access for fire equipment is also required. . :x. NOISE. Would the proposal result in: a) Increases in existing noise levels? 0 181 C C b) Exposure of people to severe noise 0 B 0 0 levels? '-"v ...." Pap 10 r '''1!J r ....." ".-.., ...._ -_ . -- UIIeM - -'II.. N. ..... ........ ..... ..... . Commeuts: Auy DOise geDerated within the transfer building from operating equipment, trucks depositing their coDtents on the tipping floor, the IOJ'ting out of recyclable materials, or the loading of transfer vehicles is expected to be attenuated by the building structure. Nine-ft. high reinforced CODcrete push walls will surround the entire tipping flQOr except where door openings occur, These walls are intended to deaden the sound generated from within the building. Door opeDings OD the DOrth and south sides of the building are approximately 211 It and 80 ft, respectively, from the Dorth and south property Jines. These distances will further attenuate any noise generated within the transfer building. Roof mounted mechanical equipment will be shielded as required to reduce operating noise to acceptable levels. The City noise standards must be met. ImplemeDtatioD of '. the above descnbed measures and incorporation of theie design features will reduce impacts to below a level of significance. Four of the eight roll-up doors remaining normally closed are to be opened only when the volume of truck traffic requires additional access to prevent truck queuing. XI. PUBUC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? IJ IJ IJ IBI b) Police protection? IJ IJ IJ IBI c) Schools? IJ IJ C IBI d) MaiDteDance of public facilities, C C IBI C including roads? e) Other governmental aervices? IJ C IJ IBI Comments: Prior to issuance of a grading permit the Sweetwater Authority must provide clearance that there are adequate water facilities (tanks, pipes, etc.) and fire flow to service the project. L..a.- ...... .....11 r .~ - - ..... -- -..., -t.-- - ........ ...- ~._- -- No -- XII. Thresholds. WUl the proposal adversely impact the City~ Threshold Standards? As descn"bed below, the proposed project does Dot adversely impact any of the seen Threshold Standards. D D D 181 - a) Fire,IEMS D D 181 D The Threshold Standards requires that fire and medical units must be able to respond to calls within 7 minutes or Jess in 85% of the cases and within 5 minutes or Jess in 75% of the cases. The City of ChuJa 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 5-minute response time. The proposed project will comply with this Threshold Standard. Comments: All Fire code requirements must be met including provision by applicant of required fire flow and provision of a water supply consisting of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. b) Police D D 181 D The Threshold Standards require 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 Jess. Police units must respond to 62.10% of Priority 2 calls within 7 minutes or Jess and maintain an average response time to all Priority 2 calls of 7 minutes or less. The proposed project will not comply with this Threshold Standard. The estimated response time for this project for Priority 1 caIls is 5:43 and 7:19 for Priority 2 calls. Comments: The Crime Prevention staff of the Police Department state that they will be able to provide an adequate JeveJ of service for this proposed site and there is DO expected increase in personnel or equipment in order to maintain Police Department services. Upon project approval, and prior to compJetion of this project, a security evaluation by Crime Prevention peJ'lODDel is recnmmended. - '.12 -.....q r "'II ~r.-'" ...- ......... ..... "' .,.. N. ..... ......... ..... ..... C) Traffic D D D IBI The Threshold Standards require that aD mtersectiODS must operate at a . Level of Service (LOS) 'C' or better, with the exceptiOD that Level of Service (LOS) "D" may CImJr durinS the peak two houts of the day at signalized mtersections. Intersections west of I-80S are not to operate at a LOS below their 1987 LOS. No mtersection may reach LOS "E" or "F' dUMS the averaSe weekday peak hour. IntersectiODS of arterials with freeway ramps are exempted from this Standard, The proposed project will comply with this Threshold Standard. Comments: The EnBiDeerins Department requires that the existinS 6-foot-wide roadway easement be dedicated to the City of Chula Vista. Alons the frontase of Mace Street the completion of curb, BUtter, sidewalk and driveway improvements are '. required as well as the mstallation of street liShtinS. Concerns regarding additional truck traffic and potential impacts of the same have been raised by adjacent residents and property owners. The EnBiDeerins Department has reviewed the proposed use and determmed there will be no additional trips over and above the existinS use. (See attached Trash Transfer Station, Averase Daily Trips Generated.) d) ParksIRecreation D D D IBI Comments: The Threshold standard for Parks and Recreation does not apply to this prOject as the transfer station is not a residential use. e) Drainage D D IBI D The Threshold Standards require that storm water flows and volumes not exceed City EnBiDeeMs Standards. Individual projects will provide Dect'-"IJy improvements consisteDt with the Drainase Master Planes) and City EnBiDeeMS Standards. The proposed will comply with this Threshold Standard upon approval of final improvement plans. . -.... .....13 r ~"'I1J r ...., - .---- ....... ~_ -,.,... Iw- ~~ .---- No ..... .._~ ~ . . ....... ~ Comments: The preliminlJ)' drainage study ~dicated that impacts cau be mitigated to a level below significauce and final improVement plans will be submitted prior to issuance of a grading permit. If a manufactured system is going to be used for drainage improvements, the Engineering Department must approve the same. f) Sewer D D D II The Threshold Standards require that sewage flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer ~aster Plan(s) and City Engineering Standards. The proposed project complies with this Threshold Standard. . Comments: Following a review of detailed information forwarded by the applicant, it was determined that no additional sewerage facilities services are needed to meet City threshold standards. g) Water The Threshold Standards require 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 Standard. [] 1m [] [] Applicants may also be required to participate in whatever water conservation or fee off-set program the City of Chula Vista has in effect at the time of building permit issuance. Comments: There are DO significant impacts to water. -- Pap 14 -.or r '-~ -...-.... a-_ ~_ A"-d ~ -1 ..... 110 .... "~i . .. .... .... XIII. UTlLmES AND SERVICE SYSTEM$. Would the proposal ruuIlln a need for 7Iew - systems, or substantial alterations to the - following utilities: a) Power or natura] gas? 0 0 0 IBI b) Communications systems? 0 0 0 IBI c) Local or regional water treatment or 0 0 0 IBI distribution facilities? d) Sewer or septic tanks? 0 0 0 IBI e) Storm water drainage? 0 0 0 IBI f) Solid waste disposal? 0 0 0 IBI Comments: There are no significant impacts to utilities and service systems. XIV. AESTHETICS, Would the proposal: a) Obstruct any scenic vista or view open 0 0 0 IBI to the public or will the proposal result in the creation of an aesthetically offensive site open to public view? b) Cause the destruction or modification of 0 0 0 IBI a scenic route? c) Have a demonstrable negative aesthetic D D D B effect? d) Create added light or glare IOUrces that D. 0 0 IBI could increase the level of sty gJow in an area or cause this project to fail to comply with Section 19,66,100 of the Chula Vista Municipal Code, Title 19? e) Reduce an additional amount of spill 0 0 D IBI light? -..... Pop 15 r .-'11 r .~ .,.,....--- ....... ~~ .,..,. UIIeM . ~~ .---- Ne ...... r-- _ . . ...... ...... Comments: The construction of a trash transfer station and resource recovery facility in a limited industrial area will not by itself signifi~tIy impact the aesthetic value of the area. XV. CULTUJW. RESOURCES. Would the proposal: a) Will the proposal result in the alteratian [] [] [] II!! of or the destruction or a prehistoric or historic archaeological site? b) Will the proposal result in adverse []' [] [] II!! physical or aesthetic effects to a prehistoric or historic building, structure or object? c) Does the proposal have the potential to [] [] [] II!! cause a physical change which would affect unique ethnic cultural values? d) Will the proposal restrict existing [] [] [] II!! religious or sacred uses within the potential impact area? e) Is the area identified on the City's [] [] [] II!! General Plan EIR as an area of high potential for archeological resourCes? Comments: The proposed project is located in a previously developed industrial area of the City and is not expected to impact cultural resources. ~ XVI. PALEONTOLOGICAL RESOURCES. Will [] [] [] II!! the proposal result in the alteration of or the destruction of paleontologiclJl ruourcu? Comments: The proposed project is located in a previously developed industrial area of the City and is not expected to impact paleontological resources. L..A- ..... Pip 16 " XVII. RECREATION. Would the proposaL' a) Increase the demand for neighborhood or regional parks or other recreational facilities? b) Affect existing recreational opportunities? c) Interfere with recreation parb & recreation plans or programs? Comments: The proposed project is not residential and will not impact recreational opportunities in the area. p. -~ -1 -- r'lt .... r' .....,. ~1 --.. - ........ - [] [] [] [] [] [] XVIII. MANDATORY FINDINGS OF SIGNIFICANCE: See Negative Declaration for mandatory findings of significance. If an ElR is needed, this section should be completed. a) Does the project have the potential to [] IBI degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife populatian 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 or California histOIy or prehistoI)'? Comments: Please refer to Section G of the Negative Declaration. b) Does the project have the potential to D D achieve short-term, to the disadvantage of long-term, environmental goals? Comments: Please refer to Section G of the Negative Dedaration.: &.0_ - .-.... .... II. .... [] IBI [] IBI [] IBI . [] o D II -...... Poae17 ~ r .....,. _17"""" ~;;;. .--- IJIIIeu; .... ......... C) Does the project have impacts that are [) [) individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a 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.) Comments: Please refer to Section G of the Negative Declaration. d) Does the project have environmental [) 0 effect which will cause substantial adverse effects on human beings, either directly or indirectly? Comments: Please refer to Section G of the Negative ~laration. XIX. PROJECI' REVISIONS OR MITIGATION MEASURES: --- - - .-.., II. .... .... [) 181 [) 181 . The following project revisions or mitigation measures have been incorporated into the project and will be implemented during the design, construction or operation of the project: All mitigation measures are either incorporated into the project description or are found in Section F of the negative declaration. Project Proponent \~ Date - p... 11 xx. ENVIRONMENTAL FACI'ORS POTENTIALLY AFFECI'ED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated, " as indicated by t!1.e checklist on the following pages, 0 0 . Land Use and TranSPOrtation/Circulation Public Services PJanning 0 . 0 Population and Biological Resources Utilities and Service Housing Systems . 0 0 Geophysical Energy and Mineral Aesthetics Resources '. . . 0 Water Hazards Cultural Resources . . 0 Air Quality Noise Recreation o Mandatory Findings of Significance XXI. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on 0 the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on . the environment, there will not be a significant effect in this cue because the mitigation measures descnbed on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the 0 environment, and an ENVIRONMENTAL IMPACI' REPORT is required. - - "'19 I find that the proposed. project MAY have a significant effect(s) on the 0 environment, but at least one effect: 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as descn"bed on attached sheets, if the effect is a "potenti&ny significant impacts" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACf REPORT is required,.but it must analyze only the effects that remain to be addressed. fJ .~ Signa:;rJ ~/'~/"'f Date Environmental Review Coordinator City of Chula Vista , ..~ .... ..... 20 .'!.~"~ ~R~-hi3 DATE: May 18, 1995 '" TO: Ken Larson, Building & Housing John Lippitt, Engineering (EIR only) Cliff Swanson, Engineering (EIR only) Hal Rosenberg, Engineering (EIR only) Roger Daoust, Engineering (IS/3, EIR/2) Richard Rudolf, Asst City Attorney (Draft Neg Dee & EIR) Carol Gove, Fire Department Marty Schmidt, Parks & Recreation Crime Prevention, Police Department (Diosdado) Community Development, R~dev. Economic Dev. only "e'urrent Planninj, ~l"" . Duane Bazzel, Advance Planning Bob Sennett, City Landscape Architect Bob Leiter, Planning Director Chula Vista Elementary School District, Kate Shurson Sweetwater Union H.S. District, Tom Silva (IS & EIR) Maureen Roeber, Library (Final EIR) LAFCO (IS/Draft EIR - If annexation is involved) Martin Miller, Project Tracking Log (route form only) Other FROM: Ba rba ra Re i d Environmental Section SUBJECT: Application for Initial Study (IS- 95-14/FA-~/DQ 140 ) Checkprint Draft EIR (20 days) (EIR-____/FB-____/DQ ) Review of a Draft EIR (EIR-_/FB-_/DP) Review of Environmental Review Record (FC-____ERR-_) Review of Draft Neg Dee (IS- /FA- /DQ- ) The Project consists of: A privately operated municipal solid waste transfer station. Location: 187 Mace St. . Please review the document and forward to me any comments you have by June 1. lQqS S~~?~ ~,.~ft ~ Comments: p ~~ 3,",: .' . & . Case No. 1~-q$-I.1/ FIRE DEPARTMENT A. What is the distance to die nearest fire lWion? ~ what is die Fire Dep..ti......t'.lItimated naction time? Two miles. Five minutes. : .. WiD the Fue Dep~ment be able 10 provide 11\ 8dequate level of fire ..-.4~I.... for die proposed facility without 11\ increase in equipment or penannel? Yes C. Remarks ~~~ r. 7~ Fire Marshal 12/6/94 Date . . . . ( '-. " CHULA VISTA FIRE DEPARTMENT BUREAU OF FIRE PREVENTION PLAN CORRECTION SHEET dress 187 Mace Pl an File No. Checker Horsfall Date 5/20/96 TY~I;! Constr. Occupancy No. Stpries Bldg. Area Th." following list does not necessarily include all errors and omissions. ' i, II; ,,'~~XMw<~~n9tiXjgNX~O.NJ! Comments: j,ll, 'According to Section 903 of the 1994 Uniform Fire Code water tanks on private :.'i.._. ) -o-,erty are acce"table for purposes of providing the required fire flow. fj ~ flow. ele' ~ted tanks, water mains or other fixed systems capable of providing the required L. Section 903.3 allows the water supply to consist of reservoirs, pressure tanks, Because the proposed facility will be provided with a fully automatic fire sprinkler tern the required fire flow is reduced to 2625 Gallons per '.finute at 20 PSI residual 'r two hours duration. 4. Fire pump/s shall comply with NFPA Standard #20. 5" Water tank shall comply with NFPA Standard #22. 6 Private fire mains shall comply with NFPA Standard #24. ,,7,. The fire sprinkler system shall comply with nFPA Standard #13. FP'~-29 -, I '. "Re. . '(?;I).~~j " ROUTING FORM :: ....---. ,.-' - - DATE: May 18, 1995 -- TO: Ken Larson, Building & Housing John Lippitt, Engineering (EIR only) Cliff swanson, Engineering (EIR only) Hal Rosenberg, Engineering (EIR only) Roger Daoust, Engineering (IS/3, EIR/2) Richard Rudolf, Asst city Attorney (Draft Neg Dee & EIR) Carol Gove, Fire Department Marty Schmidt, Parks & Reereation __ 4d..-~IN"~tion; ':fl'Q'1"1::ce, Pe~%"ItM.Ilt:(!'fI'joslfa2r~J', Community Development, Redev. Economic Dev. only Current Planning Duane Bazzel, Advance Planning Bob Sennett, city Landscape Architect Bob Leiter, Planning Director Chula vista Elementary School District, Kate Shurson Sweetwater Union H.S. District, Tom Silva (IS & EIR) Maureen Roeber, Library (Final EIR) LAFCO (IS/Draft EIR - If annexation is involved) Martin Miller, Project Tracking Log (route form only) other &;J FROM: Barbara Reid Environmental Section SUBJECT: Application for Initial Study (IS- 95-14/FA- 663/DQ 140 ) CheckprintDraft EIR (20 days) (EIR-____/FB-____/DQ ) Review of a Draft EIR (EIR-_/FB-_/DP) Review of Environmental Review Record (FC-____ERR-____) Revie~ of Draft Neg Dee (IS- /FA- /DQ- ) The Project consists of: A privately operated municipal solid waste transfer station. Location: 187 Mace St. Please review the document and forward to me any comments you have by , ,]. 4u-1J 'OO/3/T)J. n,. .-_,.../ -~ fJu ~ ~r--- d . Comments: R..~ ~tP"f,A41 r.u/I * . - \ j \, - CHULA VISTA POUCE DEPARTMENT CRIME PREVENTION UNIT PLAN REVIEW RECOMMENDATIONS DAlE: M~f"UJ, Ii? 4~ . b1~1 ~'_I t"1vi J"M1.fI~ ~ "J....u I ::r...-.v,(;:>..'v. .J\.T '0..;" t cL,..cb I 5 c.. P S. n-,....r-~' .~_.~ ---..... - TO: VIA: MAR 2 3 19~5 PLAN""','''' "01"'..... FROM: PROJECT: ';L.... CI ~ - I Lf- ~'d ~/f'l~F ...&. The Crime Prevention Unit does not have any comments regarding this project at this time. - - Information on the project, or within the plans, does not provide enough detail to pennit crime prevention analysis. Please forward the following information to the Crime Prevention Unit when available. Elevations Floor Plans - Landscape and Lighting Plans Site Development Plans Comments: *' M HT CFs '\1\ --H~/\ A-c0t ~ II c, -.l-r:..v. \: 11 '* /'J'i:fu..r ~ fL5 I\-lArlY\, t>.-d-;V'~~5. A- T I 'to 7 ~~/"OoI~ ~~. ',,\ ~ ~~_"' - -Z'-l ?"l~t. \-z.~ \t1 '+M..se. ,11.0.. ~ 1 '2.- ~ I"- ~ , 7 U..".U; """.S' L ':"~' , 3 ~." .,1''''''''', ~'T_AI v &I(~< . . 1JLV,~ l' 1 S.fu:vd cl ~ St~, ,.f'CR,.,,_ . (lIotf~ct -.f! lc..c." .$'e1^~/I<U os. I A.&r CA...tU1t.'r[ ~ [~~ , cc: Brookover, SCA CPTED Routing Form F'D,q~~ ~- \, CBULA VISTA POLICB DBPARTXBBT CRIXB PRBVBBTIOB UBIT i-- PLAN REVIEW RECOMMENDATIONS -- r :.,) DATE: August 31, 1995 ~ Barbara Re~~~Environmen Brookover,~ a~~:;'ft. irs, Mary Jane Diosdad~CPS Initial study: 95-14 187 Mace street ,. I' --'-L. - ., , '-' ... 70....._ ...:.:;.) TO: VIA: FROM: PROJECT: ',", ' ~\ ~(.. ~ \;I Investigations ..xL Th. polic. D.partm.nt an4 th. Crim. pr.vention unit will b. able to provi4. an .4.quate lev.l of .ervic. for this propo.e4 .it.. There i. no exp.ct.4 incr.... in personn.l or equipment in or4er to maint.in Police D.p.rtment ..rvice.. . Ple.s. forw.r4 .44ition.l information regar4inq this proj.ct to the Crime prev.ntion Unit. . ..xL ..xL Bstim.te4 response time for priority 1 c.ll. to this project: Grid: 47 3.18% of CFS, 05:43 A.R.T. on P-l Calls Bstim.te4 r.sponse time for priority 2 c.ll. to this proj.ct: Grid: 47 28.21% of CFS, 07:19 A.R.T. on P-2 Calls Comm.nts: From 01/01/95 thru 08/28/95 there are 1186 calls for service within this grid area. 379 of these calls resulted in crime cases. Note: The estimated response times listed are above recommended thresholds, within this project area. Upon ap~roval, prior to completion of this project, I recommend a secur1ty evaluation by crime prevention personnel. Thank you for the opportunity to have input into this project, if you have any questions, please feel free to contact me at 691-5127. cc: Brookover, CAM CPTED Routine fo.. PO/cpu 06/93 ~ f?e - rouf,nj , < -, .. - ,-"""". ....-' , ROUTING FORM ______-..J... DATE: May 1B, 1995 TO: Ken Larson, Building & Housing John Lippitt, Engineering (EIR only) Cliff Swanson, .Engineering (EIR only) lj..al RosenbeTg~.J:ngiQ"'~,../n~-(JOU~~J.i'J ~ogerl>aoust, Engineering (IS/3? EIR/\) Richard RUdolf, Asst City Attorney (Draft Neg Dec & EIR) Carol Gove, Fire Department Marty Schmidt, Parks & Reereation Crime Prevention, Poliee Department (Diosdado) Community Development, Redev. Economie Dev. only Current Planning Duane Bazzel, Advanee Planning Bob Sennett, City Landscape Architect Bob Leiter, Planning Director Chula Vista Elementary School District, Kate Shurson Sweetwater Union H.S. District, Tom Silva (IS & EIR) Maureen Roeber, Library (Final EIR) LAFCO (IS/Draft EIR - If annexation is involved) Martin Miller, projeet Tracking Log (route form only) Other FROM: Barbara Reid Environmental Section SUBJECT: Application for Initial Study (IS- 95-14/FA- 663/DQ 140 ) Checkprint Draft EIR (20 days) (EIR-____/FB-____/DQ ) Review of a Draft EIR (EIR-_/FB-_IDP) Review of Environmental Review Record (FC-____ERR-_) Review of Draft Neg Dec (IS- /FA- /DQ- ) The Project consists of: A privately operated municipal solid waste transfer station. Location: 187 Mace St. . Please review the document and forward to me any comments you have by: ,JlJnp 1. 1 QQ; Comments: . . . ., ( YS-("'II Case No. IS.qs -tlf '-.. INTERDEPARTMENTAL COMMENT SHEETS ENGINEERING DIVISION D~fal~ ~IIA-I.JI./~' A.~L ~JlL'!I ~.t6.-~"V'.. ~RI v ~~LIJ OJ: ~a.. TlIPOJolS 7l:> ClH.AlIJ~ . WE'~"""'i>~~ ~~ OF ~A[>'- ~ .......",II/$"rb ~ 6TPF~. EXI9:r'rA/", L(;;;.Apt#(; ~ '1::Jt2Ai 7f> ~ EW~. ' JVe they adequate to serve 'the proJect. IoID. If not. please explain briefly. IIIAJT:J.L ~.t~.,. t!.'--. 1.'_, Mot J<r BE IM_~. At..So, S,n=.-SPF~J/&/G. 'nb~(I-lA:~ IM~tnEAA9./'T'!f!!; WILl.. lIP! fZ~Q' JflZJ!:'b 7b A-b~tJATI=.t Y ~ ~~ T7J Q:s...,.,<1n>r....M l:I.eAlNAA:l'!: FA.r:./L tT7/1r.<" ~,.,-,.,,~~ 7D AAltT1'dt. se:WEL w'1l.,J. N&:.T Bt=. ~rrTEb. f ili.. ?.... at IS the Jocatlon amI aescnptlon O! eXlStmg-ou-slfe aramage ac ues. "'''I2F.AL:.F ~w ~ MAr; ~z=-r- ~ bray 'R/.,PD .A.,b ~A1 ~IJIlFL ~I ~ D'T74.Y J2.,I/JII=D * E. Are they adequate to serve the project? Ye6. If not, please explain briefly. ^{M. I. Drainal!e NOtNsr ,'" .4 ~ -fvfA~l> F/.L:Jcc RAM. ~/I$!t Is the project site within a flood plain? ~ ~f!!A~ <:t 'ft:E.T" ~1J4.r/trJ. If so, state which FEMA Floodway FrequenWioun . 91 _PoI1 ~~ ~ 511 . t:I ~MM.~/~,-^^hP~ IAl . What is the location and description of existing on-site drainage facilities? UNtMNlbIl'fY'> MA.'Jl:II!, A. B. c. D. D. TranSt>onation A. What roads provide primary access to the project? MA-,Al Gr.. _~ What is the estimated number of one-way auto trips to be generated by the project (per day)? Lf~ A-%:?r (~e-.oII:::.. ~ EEit'C-~~J"-) 'F..tr(9rYN& A~ IJ<E.. '). . ., . . . What are the Average Daily Traffic (A.D.T.) volumes on the.primary ~ roads before and after project completion? Street Name MAIIJ ~-.- Before I&f.. 3'10 After f41.~c{D . Do any of these volumes exceed the City's Leve1-of.Service (L.O.S.) .C" design ADT volume? If yes, please specify. .1JD. 'M'C~GISI'OREIND22.93 /J<I, 1021.93) /J<I, 1020.93) P.,.. 2 . , - ) YS-bl{ If the A.D.T. or LO.S. "C" design volume is unknown or not applicab~. explain briefly. /oJ/A. . Case No. r~-"fs-/~ . D. Are the primary access roads adequate to serve the project? Yt=c. If not, please e;tplain briefly. "{lA, E. Would the project create unacceptable Levels of Service (LOS) at intersections adjacent to or in the vicinity of the project site? . ND. If so, identify: Location A{ I.A . Cumulative La,S. A{M . F. Is the proposed project a "large project" under the Congestion Management Program? (An equivalent of 2400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips). If yes. a Traffic Impact Analysis (TIA) will be required. In this case the TIA will have to demonstrate that the project will nOI create an unmitigatab1e adverse impact, or that all related traffic impacts are not mitigated to a level of non-significance. Yes X No The following questions apply if a Traffic Impact Analysis is not required. G. Is traffic mitigation required to reduce traffic impacts that will result from implementation of the proposed project? Yes X No If yes, please describe. o/A. H. Is the project co!l~istent with the criteria established in the City.s Transponation Phasing Plan, General Plan Traffic Element, and all other pertinent traffic studies? PJease reference any other traffic impact studies for roadway segments that may be impacted by the proposed project. YF:4,. 1 1. Is a traffic study required? Yes ><. No Is there any dedication required? Yr;.;;. If so, please specify. Ex Isr'N'" I:? I=E___lVrhf" :;~AY r:: ~ ~MEJ..rr"' 'R..='" ~J"')I/~7) T7} -ruF ~/TY ~ CUIJ~ v,___ SHAu... WPC~022."(Il".I021.93)(W.I02O.,,) PI&" 3 l I '-- ' YS-~f( Case No. IS-'1S-f'f . . K. Is there any street widening required? No. If so, please specify. ",-1A. L. Axe there any other street improvements required? Ysc; I Ac.oAlr. ~E ,.,~/ MACE If so. please specify the general nature !If the necess8l)' improvements. S7'7ii!E1!!:T. ~PL..E--n~M OF c~ (;.r".,,-,:'b I 5/~WALk... AiJD 'bIllVEHI4V 'M~VE- MEAJ-rr.... A-L$~ IAI~" ~t>>l /Jf: S;'"'YDIC#"'r" '-/~/AI/:-. . M. Will the project and related public improvements provide satisfactory traffic service for existing conditions and future buildout General Plan conditions? (please provide a ~rief explanation). fiiKl.5,:"'/J'/,c &>>..t7>rr&-A/<;''' YE~. t==t../nJflE... -"JI' ~.r t.:f;ite:'DA1_ "f?LA.M C.6>UD~c:;.:!po YF<.._ m. Soils A. Are there any anticipated adverse geotechnical conditions on the project site? CI/J~oW'-I . B. If yes. specify these conditions. NjA. C. Is a Soils Report necess8l)'? YF'.<;. J\ IJEt.o./ ~fL!{; Jl..F~ Wfl../- SF' RE((U/'~h F~ 'T1fl:- ~D US~. IV. Land Form A. What is the average natural slope of the site? L. ~ % B. What is the maximum natural slope of the site? 5b"f.....AI~l... <J;t~ ....,..........~ V. Noise Axe there any traffic-related noise levels impacting the site that are significant enough to justify that a noise analysis be required of the applicant? "'-0. VI. Waste Generation ~ How much solid and liquid (sewer) waste will be senerated by the proposed pro~ per day? ,~~) Solid ,/foJSt.--,c,/EA,fr IAlF~'T7""f 'PJ!!>...,~. _.or.. _'''~Wll.l...bl<RiO' 6~ 5cwp '~ Liquid (lJsu~"':.'&.t.,- IIJ~J.-rr~ 'Rrv'DFb . ' ~ €:fW~ B( ~ . ~ \. I What is the location and size of existing sewer lines on or downstream from tfaeiili9Gu. rry ~. ",,=-, '" \~\Cj", " . t'\\e",o \'C-~ ~ Se.w,eL> '-'AI~ 1#.l. MA~rr: ~~ w,.,.,~ ~ws ~l.J'7'ZAUA~ ~//'"':J 1'5I'~CLS ~\\a-..c\(..W 77> A 15"~t:.!. 5E.t.ht::6I W/lJe. ~WAl<!T'zlF"''''i. Axe they adequate to serve the proposed project? (If no, please explain) Ih,lV. '~hJ - 'n) ~ ~JZu/J..II!O.. WPC:r.~On!l3(11o{.III2U3)(IIct. 1020.93) P.4 . . ~ ) Ys- ~I ( ., ,. . ~- Case No. I5--'f?S-I<{ vn. National Pollutant DischaTl!e Elimination Svstem t'NPDES) Stonnwater Reauirements Will the applicant be required to file a Notice of Intent with the State Water Resources Control Board for coverage under an NPDES Stonnwater Pennit? YFA. . Jf"'~_ whkhNPDFS ='!c ~':'.:::::' =.:=~::,:=. .:~~;=~=~:"'w:,~~':~:~=:~=is =:~~~"~F;: ~ TIlE FYI!>'17Nr.- ~V:~1Jr. I'J~~=: ::;::= ~~ , Will a Stonn Water Pollution Prevention Plan (SWPPP) be required for the proposed project? O~/~ >< Yes No Additional comments N&.JE. vn. Remarks Please identify and discuss any remaining potential adverse impacts, mitigation measures, or other ""'" "'~ ~-"" "----. """ -',~ .:~' :;;.,"':. ~! 6.~~Y>f) =~~'=:=L~~?""-:S~~:----*t~-- ~=-e~ ~~j' . , ~ ~~"~ """'~ <WT>h< ,4';"',-:"(';;. ::==:-=== :".::":" <>"1: a "9'~ "" ,,-:-,.,: ......~~:3 _...., AJj~ ~-=:~~~~:~~~~;;- f~\ ~= ~""""~ '""-........ ~ ::~" \~\ ./:. M~-;;;' '''''''''Y'''''' 'is "'" A"""<~~"::;_~''''''7JiE ;;;::"'t::. ~F>,Alr.. 'Dvk" I:>RA./AIS Tt> TU~ "'~~_t _~:;. ;;:~~ Y~\cgq ~"'~/~L T:>1<;r~EO'T7'-o T"II-E <1;'/tnI-€y ~E~;:;;': ~ b. ~-\fl.'\ . s 'flll~~ t~~~' ~(# .. WPC-~D22.93"'d, I02U3)(W.I02O.J'3) ~ ~ 'fy\'I 5ff~ ~ ~ r~ -,~\CQ~~~: ~ , 0- .""'\...,~ od~OVCUI \ \.'q VO'\ ,\ "'-lIS I ? Jf ~ . Date I () ~ \~-S -~-c)'.s~t'o.v ~'\C.(\\p\\\ \.Q/IQ P.5 -\~c~ ~. I~ !;:;!J~~ - , THIS PAGE BLANK MEMORANDUM . August 13, 1996 File No. 0790-05-KYI35 TO: Barbara Reid, Associate Planner Elizabeth Chopp. Civil Engineer~ MACE STREET TRANSFER STATION SEWER SERVICE FROM: SUBJECT: In response to your inquUy regarding of available sewer capacity for the proposed transfer station on Mace Street, we compared several similar transfer stations in order to determine the waste water discharge. We estimated that the expected yearly water use would be approximately 900,000 gallons. Then, subtraCting 10% for evaporation and assuming that the plant would be in operation 260 days per year (5 days per week) the estimotl'd daily wastewater discharge would be 3115 gal. per day(gpd). Applying a peak flow factor of 2.5 to the average daily dISCharge results in a peak flow of 5.4 gal. per min. (&pm) or 0.012 cubic feet per sec. (cfs). We concluded that the DatclFaivre Sewer Trunk Line could adequately haodJe the additional peak flow that would be generated by the proposed transfer station. The existing sewer flow in the sewer tnmk line at the restrictive section located near Faivre 8Dd 27th Streets (meter site # 133) is 5.14 cfs while the capacity of the trunk line is 6.05 efs. These III1D1bers were used to estimate the available sewer capacity 8Dd should not be used to determine any user and/or permit fees. P1ease contact Mario Ingrasci, Assistant Civil Engineer, at 476-5376 ext. 3142 if you have any further questions. MJI:mji <M:\... \SewerIMACElraD.mcm) v ........ - SWEETWATER AUTHORITY 5O!i GARRm AVENUE POST OFFICE BOX 2328 CHULA VISTA, CAUFORNIA 81812.2328 (818)~1413 FAX (818) 425-7488 May 8, 1996 GOYEANlHGIIOARD GEORGE H. WAnRS. CHA/MIAH . IMAGARET COOK WELSH. VICE CHAIR JAMES F. DOIJD. SA. SUE JARAEn' 8UD I'OCI<UNGTON JAMES I. WOlN~ CAF!Y F. WRIGHT WANDA AVERY -..sURER IMAH J. REEVES SECRETARY Mr. James Algert Algert Engineering 428 Broadway Chura Vista. CA 91910 Subject: CHULA VISTA FIRE FLOW AVAILABILITY PROPOSED RECYCLE FACILITY 187 MACE STREET SWA Gen. File: CITY OF CIiULA VISTA (FIRE DEPARTMENT) Dear Mr. Algert: The 2125 GPM fire flow at 20 p.s.i. residual pressure for a 2-hour duration as required by the Chula Vista Fire Department is not available on Mace Street to serve the above- referenced project. As stated in the Authority's letter dated May 24, 1995, (attached), the maximum available flow on Mace Street is approximately 850 GPM. If you have any questions. please call Mr. Russell Collins at 422.8395, ext. 639. Very truly yours, SWEE1WATER AUTHORITY ~J.~~ a:~SL. Smyth Chief Engineer JLS:RC:vls pc: Mr. Emmett Horsfall City of Chura Vista Fire Department 447 "F" Street Chula Vista, CA 91910 enclosure: as cited ~__\117_.111 A Public Agency, Serving Natio:'ltJl City, Chula Vista and Surrounding Areas SWEETWATER AUTHOR In 505 GARRETT AVENUE POST OFFICE BOX 2328 CHULA VISTA, CALIFORNIA 91912.2328 (619) 420-1413 FAX (619) 425-7469 GOVERNING BOARD ----- ----- BUD POCKL.INGTON. CHAIRMAN GEORGE H. WATERS. VICE CHAIRMAN SUE "'ARRETT EDWIN J STEELE MARGARET .. WELSH JAMES 5 WOlNIEWICZ CAR\' F. WAIGHT WANOA AVERY TRUSURER O'AN J REEVES SECAETAAY....OMINISTRATIVE AIDE May 24, 1995 ""/' , .oe- "";"';'...J 1......,-.);) . -.. " ......... Ms. Barbara Reid City of Chula Vista Planning Department 276 Fourth Avenue Chula Vista, CA 91910 Subject: WATER AVAILABILITY PROPOSED TRANSFER STATION 187 MACE STREET CASE NO: IS-95-14 SWA Gen. File: Water Availability, 1995 Dear Ms. Reid: This letter is a reiteration of our original comments dated January 16, 1995, concerning an Initial study for the subject project within the Sweetwater Authority service area. There is a 6-inch water main located on the east side of Mace Street, adjacent to the proposed development. Our records indicate that there are two water services to this property. Enclosed is a copy of 1/4 SEC. 23B map which shows the existing water facilities. The required 6750 GPM and the reduced fire flow of 3375 GPM with a fully automatic fire sprinkler system, noted in the City of Chu1a Vista Fire Department's comments, i. Dot available to provide fire protection for this project. In order for Sweetwater Authority to deliver 6750 GPM, major system improvements in excess of one million dollars would be required at the developer's expense. To deliver 3375 GPM, approximately 3500 lineal feet of 12-inch water main would have to be installed at the developer's expense in Mace Street, Main Street and Hilltop Drive. The maximum fire flow that Sweetwater Authority has available on Main Street by Mace Street is 2750 GPM, with no system upgrades. For any of the above alternatives, the developer would be required to reimburse the developer of Sunny Imports $2,240.14 for water system upgrades in Main Street that were previously completed. Backf10w preventers will be required on all eXisting and new water services for this site. A Public Agenq, Serving Nalio"",, City, Chula Vista and SurrOl".,di,,? Area, Ms. Barbara Reid city of Chula Vista Planning Department Re: WATER AVAILABILITY 187 MACE ST., CHULA VISTA May 24, 1995 page 2 On Mace Street at Britton Ave., the maximum available fire flow without any improvements is approximately 850 GPM. If the owner enters into an agreement with the Authority for water facility improvements, water service can be obtained at a pressure ranging from a maximum of 74 p.s.i. to a minimum of 49 p.s.L If you have any questions, please contact Mr. Russell Collins at 420-1413, ext. 639. Very truly yours, SWEETWATER AUTHORITY L.~~ Engineer JLS:RC:le enclosure: photocopy of 1/4 SEC. 23-B map pc: Russ Collins, Sweetwater Authority Mr. Mark Watton 412 Crosby Street San Diego, CA 92113 Ms. Carol Gove Chula Vista Fire Department 476 F Street Chula vista, CA 91910 k:\l.urfe\lettera'--cewtr.8vl SWEETWATER AUTHORIT' 505 GARRETT AVENUE POST OFFICE BOX 2328 CHULA VISTA, CALIFORNIA 91912-2328 (619) 420-1413 FAX (619) 425-7469 GOVERNING 80ARD Bue POCKLINGTON. CHAIRMAN GEORGE H. WA TEAS. VICE CHAIRMAN SUE JAAAETT EDWIN J. STEELE MARGARET A. WELSH JAMES S WOLNIEWICZ CARY F. WRIGHT WANDA AVERY TREASURER OIAN J REEVES SECAETARY-ADMINISTRATIVE A'OE January 16, 1995 Ms. Barbara Reid. City of Chula Vista Planning Department 276 Fourth Avenue Chula ViGta, CA 91910 Subject: WATER AVAILABILITY PROPOSED TRANSFER STATION 187 MACE STREET CASE NO: IS-95-14 SWA Gen. File: Water Availability, 1995 Dear Ms. Reid: This letter is in response to your Notice of Initial Study for the subject project within the Sweetwater Authority service area. There is a 6-inch water main located on the east side of Mace Street adjacent to the proposed development. Our records indicate that there are two water services to this property. Enclosed is a copy of 1/4 SEC. 23-B map which shows the eXisting water facilities. The required 6750 GPM and the reduced fire flow of 3375 GPM with a fully automatic fire sprinkler system noted in the City Df Chula Vista Fire Department's comments is not available to provide fire protection for this project. In order for Sweetwater Authority to deliver 6750 GPM, major system improvements (storage pump station and pipelines) in excess of one million dollars would be required at the developer's expense. To deliver 3375 GPM, approximately 3500 lineal feet of 12-inch water main would have to be installed at the developer's expense in Mace Street, Main Street and Hilltop Drive. The maximum fire flow available on Main Street by Mace Street is 2750 GPM with no system upgrades. On Mace Street at Britton Ave., the maximum available fire flow without any improvements is approximately 850 GPM. A Public Agency. Serving NatioMI City. Chukz Vista and SurroundinS' Areas Ms. Barbara Reid City of Chula Vista Subject: WATER AVAILABILITY PROPOSED TRANSFER STATION 187 MACE STREET CASE NO: IS-95-14 SWA Gen. File: Water Availability, 1995 January 16, 1995 For any of the above alternatives, the developer would be required to reimburse the developer of Sunny Imports $2,240.14 for water system upgrades in Main Street previously completed. If the Owner enters into an agreement with the Authority for water facility improvements, water service can be obtained at a pressure ranging from a maximum of 74 p.s.i. to a minimum of 49 p.s.i. If you have any questions, please contact Mr. Russell Collins at 420-1413, ext. 639. Very truly yours, SWEETWATER AUTHORITY ~ _.J~ ! Ji es L. Smyth I ief Engineer JLS:RC: ln k:\lorelei\wp51\reid.ltr enclosure: photocopy of 1/4 SEC. 23-B map pc: Mr. Russ Collins, Sweetwater Authority Mr. Mark Watton 412 Crosby Street San Diego, CA 92113 CHULA VISTA ELEMENTARY SCHOOL DISTRICT 84 EAST oJ" STREET . CHULA VISTA, CALIFORNIA 91910 . 619 425-9600 EACH CHILD IS AN INDMDUAL OF GREAT WORTH BOARD OF EDUCATION JOSEPH D. CUMMINGS, PILD. SIfARON GIlES PATRICK A. JJDD PAMElA B. SMITH lIKE A. SPEYRER SUPERINTENDENT USIA S. GIl, PILD. May 24,1995 Ms. Barbara Reid Environmental Section City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 ,. ,...;...~~;/ ':' ,'" -' :'1 iC!('... " -v..:; .....,. ., " ~. i - RE: IS-95-14/ FA-663/ DQ-140 Location: 187 Mace Street Project: Privately Operated Municipal Solid Waste Transfer Station Dear Ms. Reid: Thank you for the opportunity to review and comment on the Initial Study for the privately operated municipal solid waste transfer station project. On December 7, 1994, the District responded to the Initial Study for this project. It was stated that the project is located within the Otay/Montgomery Schools attendance area, and that both facilities are operating at or near capacity. As mentioned in our letter, State law currently provides for a developer fee of $.28 for non-residential area to be charged to assist in financing facilities needed to serve growth. Since this project is a renovation of an existing building. fees will only be charged on new square footage. If you have any questions, please contact this office. M'~ -" Kate Shurson Director of Planning KS:dp c:'Ninward:fHn8n'a02 Sweetwater Union High School District ADMINISTRATION CENTER 1130 Af1h Avenue Chula Vllta, California 1111111-28115 (5111) 5111-5SOO Division of Planning and Facilities - 'i ~ . . -, .~ ! ".- 1"- r' ',(' , -, May 22, 1995 f-I.-:.''> ,".' ... ~ Ms. Barbara Reid City of Chula Vista Environmental Section 276 Fourth Avenue Chula Vista, CA 91910 Dear Ms. Reid: Re: IS-95-14/FA-663/DQ-140 The above subject project will nave an Impact on the Sweetwater Union High School District. Payment of school fees will be required pursuant to Government Code No. 65995 (Developer Fees) prior to Issuance of building permit. S.";?; ~ Thomas Silva Director of Planning TS/ml TOM GARIBAY DIRECTOR (111) ....-2212 FAX: (118) 218-046' lOCATION CODE SSO . <!Inuttftl nf ~~1t JBi~Bn F:. ~-'r:-,\/_~ ----.& ...:.:W DEPARTMENT OF PUBLIC WORKS Dtc 29 1994 PLANNiNG COUNTY ENGINEER COUNTY AIRPORTS COUNTY ROAD COMMISSIONER TRANSIT SERVICES COUNTY SURVEYOR FlOOD CONTROL WASTEWATER MANAGEMENT SOUD WASTE SS5S OVERLAND AVE, SAN DIEGO, CALIFORNIA 12123-1215 December 29, 1994 City of Chula Vista Planning Department P.O. Box 1087 Chula Vista, CA 91912 Attn: Douglas D. Reid Dear MJ:'. Reid: 'INITIAL STUDY FOR TRANSFER STATION AT 187 MACE STREET The County of San Diego is in receipt of the Notice of Initial Study for a proposed municipal solid waste transfer station and associated material recovery facility to be located at 187 Mace Street in Chula Vista. The County appreciates the opportunity to review this initial study and after review is recommending that an Environmental Impact Review (EIR) be prepared prior to approval of the proposed facility. There are a number of reasons the County believes an EIR should be prepared. These are listed below with the impacts considered to be of concern. 1. Air Ouality The County believes that an assessment of air quality should be completed regarding the proposed project. Current Otay Landfill usage suggests an average tons per day (TPD) from the proposed service area (Greater Southbay) of approximately 913 tons. This divided by the average eight tons per load that conventional trash collection vehicles hold would equal 228 round trips per day. If each collection vehicle makes two disposal trips to the facility, that would equal 456 round trips per day. The addition of transfer trucks brings the ACT still higher. That level of traffic could result in significant air quality impacts. 2. Odors The Initial Study states that the transfer building will incorporate odor and dust control. Recent composition studies show that only 37 percent of solid waste is composed of paper. Further, a composting study done by Madison, Wisconsin in 1993 found that the average household disposed of 211 pounds of food annually o ~onrllCyded~ Mr. Reid -2- December 29, 1994 (see attachment). Even if one assumes, as the study did, that 50 percent of that food goes down the garbage disposal, that would still leave several million pounds of food disposed each year in the Greater Southbay area. It has been the County's experience that these amounts of food products can produce offensive odors. Also, a review of the area found that there are residential units within approximately a half-mile and directly downwind of the proposed facility. Consequently, the County believes that an EIR level review needs to be completed regarding the potential for odors at the facility. 3. Noise The County recognizes that the area immediately surrounding the proposed facility is zoned for industrial uses and therefore has a certain built-in noise level. However, the County believes that noise from the increased truck traffic would not necessarily be incremental in nature. While it would be accurate to say that heavy trucks now operate from the site, it seems reasonable to assume that many of the trucks only impact the surrounding area once or twice per day. Under the proposed project, collection trucks could be accessing the site several times a day and noise will be further intensified by the addition of transfer trucks. The County believes that these circumstances can lead to unknown and potentially cumulative impacts that require a more in-depth review. 4. T.raffic The County has several concerns regarding the proposed project's traffic impacts. A. First, the projected ACT appears to be underestimated. Page 1 of Attachment A states that an average of 500 TPD will yield a total of 84 collection vehicle ACTs, while 1,000 TPD will yield an ACT of 168. As pointed out in Number 1 above, the county believes that the actual ACT would be approximately 456 per day without a Passenger Car Equivalent (PCE) factored in. If the standard PCE mUltiplier of 2 is added to account for the extra impacts related to the collection vehicles' weight, ~ the actual ACT would become approximately 913. Further, since the average trash collection vehicle holds approximately 8 tons and. the proposed transfer vehicles hold 25 tons, it would seem reasonable to assume that there would be three times as many collection vehicle trips as transfer vehicle trips. However, the Initial study offers a ratio of approximately 2:1 by stating that 1,000 Mr. Reid -3- December 29, 1994 TPD would yield 168 collection vehicle trips and 80 transfer vehicle trips. Given the aPParent discrepancies regarding these figures, the County would recommend that a traffic study be included as part of an EIR. B. Secondly, the Plot Plan distributed with the Initial Study show a distance of approximately 200 feet from the entrance of the site to the scale. Given an approximate length of 30 feet for trash collection vehicles, a maximum of 6 trucks could be in line for the scale before the trucks are backed up onto Mace Street. Since trash trucks often tend to come in waves, a waiting area which accommodates only 6 collection vehicles seems unrealistic. This would be further compounded if a transfer Vehicle were attempting to enter the facility and not have enough room to avoid waiting in line. C. Third, a review of the project area shows a school in relatively close proximity of the project site, on the north side of Main Street and residential uses to the east. The County recommends, given the closeness of these uses, that a traffic study done for the project discuss impacts to these apparently incompatible Uses. s. Hvdroloav A review of the Project Location Map for the site shows that the southern area of the property appears to be within the 100 year flood lines of inundation for the Otay River and the proposed facility will apparently be built up to the souhern property boundary. Given that, there would seem to he questions regarding the safety of the Otay River if a flood occurs and inundates a portion of the building. Also, based upon the location map distributed with the Notice of Initial Study, the facility, as proposed, would be only 600 feet from the Otay River floodway at its nearest point. Given these two factors, it seems reasonable to expect that hydrOlogical studies be conducted as part of the ErR. 6. Land Use The County also believes that a discussion regarding land use should also be included in the environmental document. This belief is based upon the relative proximity of residential uses, a school and parks to the proposed project site. It would seem reasonable to question whether the proposed activity is compatible with activities associated with residential use and what the impacts to those uses might be. Mr. Reid -4- December 29, 1994 7. Other Considerations The California Environmental Quality Act (CEQA) requires that environmental assessments for a project be done at the earliest possible opportunity. Given that the purpose of the proposed transfer station is to transport solid waste to a disposal facility, it is reasonable to expect that environmental studies done regarding the project should assess impacts upon the area surrounding the receiving landfill. The County would therefore recommend that an EIR be required in order to assess the various alternatives for waste disposal and include both truck-haul and rail-haul methods unless they are specifically ruled out in the EIR. In either case, the minimum requirement should be a discussion of various options available due to the construction of the transfer station. The environmental document should also discuss questions regarding the potential for shared responsibility with other jurisdictions using the landfill. Conclusions Given the number of concerns raised by the Initial Study, the County believes that an EIR should be required prior to any approval for construction of the transfer facility. There appears to be a number of questions that remain unanswered and that number appears to be sufficient enough to require the preparation of a comprehensive environmental document. The County therefore recommends that the City of Chula Vista require a full EIR prior to project approval. The County would be appreciative if you would include the County's Solid Waste Division in the distribution of any future materials regarding this project. If you have any questions, please call Jon Rollin at (619) 974-2709. Very truly yours, ~&-~ ae. J A. MILLER, Acting Deputy Director D artment of Public Works JAM:JR:cg Attachment , ' D4 02:41 . Compas Investments, Incorporated 'qST COMMERC I I'lL 6196619214 P.02 . ..... ........~..'''<:rJ ......,...._ ...........~.......,_.,~ ........ ::;:... .:t.'..:t>:it""",.r' .n...., _...~ h"~':,",-- .......~~I;""~ December27,1994 Douglas D. R.eid Environmental Review coordinator 276 Founh Ave, Chula Vista, CA 91910 .. RE: Mace St. transfer Station Case No. 18-94-15 Dear Mr. Reid: 1 am the property owner of parcel No. 629-130-30-00 located on the S.E comer of Main and Mace St, The proposed use jf approved, will have an irreperable negative impact for the community of Chula Vista with additional potential adverse Environmental issues. Please Keep me posted on this review as affects the development potential of my property. Sincerely, ,€ " " ::tr.=2I:b.". - ,. ,1'I'fIIW...........,.1.rlL~....~ ~~o. ~,~ ~ Pc. 1 -':'r'..._uaua~~'~r"-' 0"', ,...no.... -..~ .~~~_~ ~t ~.c..~. ~ (619) 661-6467 ~ ~~O\,'t TOTAL P.02 24S1S Pueo de 1u Amwi;u, Sullo 1, Clay Mua, CA 92173 . , - A Division of I.R.E, Enterprises, Inc. f\:: ...~ ,-~ r.-~". . -_''"'"-!\t_~.......~ ....- Dre S 0 1994 PLANNiNG - - International Real Estate December 27, 1994 VIA FAX #691-5171 Douglas D. Reid Environmental Review Coordinator 276 Fourth Ave. Chula Vista, CA 91910 RE: Mace st. Transfer Station Case No. IS-94-15 Dear Mr. Reid: I was recently made aware of the above referenced proposed project. As a property owner (3648 Main st.), I am concerned about the potential adverse impact this project would have in the community, not the least of which is traffic. Please put my name and address on your list for additional mailings and public hearings concerning this project. Sincerely, INTERNATIONAL REAL ESTAT ~~ Michael MAV:clb (J Industrial! Commercial Properties - Sales & Leasing! Property Management (J 2320 Paseo de las Americas, 1/200, Otay Mesa, CA 92173, (619) 661-6681, FAX (619) 661-6685 '~. .iJf. , , II D~n'-t 7hJ1I7 ~u,. Iria+~,. " January 27, 1995 "/.~:',..:. Chula Vista Planning Department Attn: Martin Miller 276 Fourth Avenue Chula Vista, CA 91910 I, r 1"1." RE: PACIFIC DISPOSAL C.U.P. STATUS Dear Mr. Miller Our citizen's group has been following Pacific Disposal's plans to build a mixed Waste transfer station in Chula Vista. It is our understanding that they have submitted an application for a Conditional Use Permit. We are requesting to be notified. in a timely manner, of all upcoming public meetings regarding this CUP. Please send notices to: DoMa Tisdale Backcountry Against Dumps P.O. Box 1275 Boulevard, CA 91905 My phone number is 766-4170 and my fax is 766-4922. Thank you for your assistance. Sin~91ly, ___ ~ /c.;cIJ-- DOMa Tisdale, President DONNA TISDALE P.O. BOX 1275 BOULEVARD, CA 91905 (619) 766-4170. FAX: (619) 766-4922 ~~ i'.c. C'C'A,ce DIANE RICHARDS 1783 BUCKMAN SPRINGS RD. CAMPO, CA 91906 (619) 478-9195 t.:'""t:.,."--- .-......._._...._..~_.,.----:-.-.. .-"-'. ......- ._.....-..-.i- ~... ; ....\ _' >d'.~':...:'t:~~~ .' ~'''''~':.';~.:\ . J ' ,.'I''r----.' ...... 'j :- '," . ........." .. III... ,_.....,.._-~.__..___~_.." ." . ~.. 't ~"''''';:~ C,,,,,- ;"'''' .. ,t >~~'...~-~~~~t:~}.t:?~1~jEsl MACEINDUST~'Z:.~~~T!~i,-,;~-- ...... \ _3~1 Via Mcrcedo. Sul~ 16. La Mesa, CA 919011 .~~,".~;r>~.,~,.[,~~;:{.. ,;~.: 1 "(619) 66().19S2, fax (619) 661).61.2,~..};.<,.;-;c;';.,,<~, .. '. ., . II ,', ~. .:" .~~ I. -.. y~'i' " .,;'~. .;~ - ~ . ~ J ~ . ~ '.. - . . .~"-.;;:~.~~'.;-'~" "\..,.. , - .. ~ .. '~.: ' . " . ,'.. ..-...i..;..... . . . ., " January 5, 1995 " " ,'", , . -- --... .-- .' I '. '<--1. -.....c... . , Environmental Review CoordiIllltor Douglas D. Reid P.O. Box 1087 Chula Vi~ta. California 91912 .r _' --...' .. .~- .-. --: ~ . , ,';,). ::,,: ;;:';~.', ,:,,~~':'" / ,\:;::"L-.ii-:,l. .."-:--.~~" - ' " . ."j.... . 'Li':~' '.'.,'" " ,,:).~ ;_.,;f " , , ',-;;: } RE: Proposed project type" Municipal Solid waste transfer and associat;:d reco\'t:J'); taCility: .'. Proposed property location "187 Mace St., Chula Vista, CA" , ~ -,- , .t ^~ .~ ':,- j :\ .~. ::\,; ..' ~ . ; Dew Mr. Reid: .. ' c,\ >.; r \"', ','., ; III rt;;,ponse to the kner of "Notice of Initial Study' on thearove referenced project, 1 have listed sOme "".:-;; com:em,: I have for this type of use in this area, As per ourtclephonc convers3tior., due to the time'. '",':': .,. constraints of receiving the notice on December 27, at 4;00PM, }'OU indicated tl-:8t J.s).ould fax you this. ,~-.: . '.. letter loduy. and it would be reviewed, J would appreciate the opportudt), to follow up.y.ith /I complete: ,." , . J packa~e if necessary. .' ,.,;;;,":.\i(:--' ,- ~.~ ...... .~, ,-~~,"_ . .~';-!"ao-~ _.-.;-:-:.~~ ," .~ To give $Om\' b~ck~round on us, we own the property direct!}. acro~s the 1trec1 'from tbi$ proposed' ':::6.><'~'. ~ project, 170 &180 Muce St.. respective!)'. We built our IndUsLoiaJ (-enters ana havc kept a :1iands On" .; ? .~ attituJe to Prorcr1)' Munai:cment. Our buildiRg and driveways are kCpt cleari. and ,inSood repair., There' '.~ are apl'TOximatel>' 70 tenants in our building, elso a Caretaker who lives On Site. ',' ~<:;;;:5"i.::j<:.. ..d . ,i . ..' . ,: ......\: .... '. :':'.~Y.';;~!f'.:~~r:'c:~f:' ..:~ We have had some experience with a similar ~'))e of business, as 15 being proposed.H. O.Feirton owns . ::')i"~ property adjacent to ours. it is cum:ntly leased to Pacific Dlsposaf, this property iSwidera (:UP, ~incc:~'i;';,,' :';; 1990, Pacific Disposal has been using this property for the stora&~ of 1011 off eontairim and ~cles., ,Y ..:.':! which is what their CUP allows. But in actuality, this type of business in\'olves much mOrt dum what is' ..:,-; stated. We have lost tenants, and deal with tenanl ~aints ~oncemingtbe ~Odor;,~?JolseLeV~l~i;o',~ '\' :~ of the roll ofT con!~inen and tnlcks.. Tht roll Qff cOht8inm arc CIJ:Ipty. but there is ~ ~s!due left ~m . . .' ,.', _ whattver they ca..'Tied that is very. offensive, as are the "1lies. that are attracted by tpis residue 4150, the 2'. '^' ' Noist from the trucks te\'Ving engines to lift the roll off containers orrjs appalling. Anil please ': :',<c~{:: "';,,.. '. acknowledge, that if you ban 8 truck, it Will oced maintenance, which is not allowed undei'Lig1lt ~'37~~: ;. i. industrial ZoniTli. or under a CUP. ]h. p-oposed project will be even worse due to tht amplinideo(thC' ~J<<\.. ..- ,\ \ ~>~i.'?~~;_;L~\;.~i;i'~J,;'~~~;]~i~; _ _~'_ - , '. .... iI' ~~ ~1';,-/~, '.....~:;. ~....":: ~ - ".:~"!"~~: -~.... ~ , . , , _. " . "~.""'.. '. '. ,. :',_., I . < ~ h1:~3 El"E6C6142 C-t.1 PKOi'E"HE!;,.-, ';\'. ...."..',..;:"..,,;:,,,,"".,, A>A/"'L c.tJ,:j".. .', I~~::- ..,.. ~;".. ":.L~cg;>;~~~~~~~~~~e:~n, . .... '. ". ..'.', ...'...."...._-~.>. ........ ',.. 1;r,. :rj ,;" ';'1;'" """"'" be....... "'" .in -"1nJT~""'= d~ j.;...';;.,;;;.;~~ ~~if 1\ . , The trafficCTented by the Trucks will a'eIIte a .bottI~ ,,~c." 1III".ti'!lI, with truckI backed op 0Il1hc,..:.& .... r<:' , I SITC'rt. Th~ must be a "In &. Out" dri\-e\\'BY IICCeSS to lCduce the risle cl' potentia) accidents and 1I'IIffic', ," jams. Mace Street is a small street, and is DOt wide enough to handle "~/Nmn True! fl'llffic.'Thm is, .", No Traffic Light on Main Street. This type of Large TniCk Traffic ..iU ~ potential, acQde.ots at ~ -:,. ...... ;:"~Rd~b~~_ AJ~~.!~!iE!ir~~~~;r'~ whenever It rains due to Pacific Disposal, and SIcy TrucHng If you increase the' vol~ of trucks. OD::' ~ . . Mace Street. who i6 going to send the street sweeper every day to handle this J'roblem?Alio, ~ have <; '~c~; clocked 1M trucks from Pacific Disposal going 4SMiJes an hour 0"- MaceSt Jrnagw:a ~J,:~'iL';'r;.; . . tIlorouehfau, . , '.' \':":.f::~:;':""':,:,~:~,g, /.' . ':C' ,~":,~...,, .'~ :~: , -~/.:~:~'~-:~~;;r~.~~'~~~:,;~:>:':.. _; Thll Propost4 projel.t lteeds II Noise Study. T'hf ICcwnulauolI of Trucks slowing J(.'\\'I1, 5pecdinE up, . . Tl'\"\ing their engines for unloading containers, compacting w83fe, wiU be incredible. We lrelllread}' . expericncing t}1t'SI: same problems \\ith Pacicfic Disposal. just Dot ortll~ ma8nitudc..); f . ~. -' ,,, "?,., . - ~,.~'. ...''';. . ' - " " .. , . :~ \Iru.oe Strt'CI dtX's O(\t h.we enough street Jightioa to handle tbese hoUl'$ of opctation. The Trucks will be; ,>,'; leaving before 6:00AM eY'Cry morning. And \\111 not shut down operation u!lul after JO:OOPM. ' '.' "1 Guaranletd. } .'~:-., ~ .-' '; - ~. - -. ;.' '-" '... ..'7~.:..:, -.;'2 . TII<' Water Main do'wn Mace Street is 8 6" Cast Iron Dead End Mair\.' Due to it being Cast Iron. it is,'1 Corroded and does not e\'en flow 6". The proposed project is to add 6O,O(){)Sf of Building:' 'J'- ,-~ :,,:.... '~"1 Without replilCint this Water Main, it is putting lit rid the lire! P'ot~ctiOllof our Dl)jlding and othcr.,:< 'r huildings vn Mace Street. ." ~..,t' ..:;-~,' ~ :. j . ~.... ...:..'.. ,,'""-.' :!, . .-. j":..;...~-'!~-..,,:,-:.. .". '#';ii>"'~' .... :"-' ..,t'J/:: 0'- , ':. '. .' , . '. - '-,C'_:.', __', Jn dosing, this ~rell is W1It'.d Li,IIt lnd~iIIl. The C!~ Council has beel1 tzying to upgrad~ ~s areato;:.;;.}~] be more 1IC.>lhl1JCaJly pleasing The subject Propcrt)'I~ III the Southwest Redevdo.>prncnt DiS!rict To . -"<,";.;-1 allow this I}'pe of project is against the zoning. and \\ill not accomplish what tl\( Cit}. Council fiaSSCI -k "-, ';;{<'i forth for thi~ area. A project of this magnitudt' should be developed furlher ouiin an .minrol])Or8ted .....,; ,} ,.,':1 area. It is our wish that a in-depth Emiromental Study be completed. inc1uding Noise. Tnffic Volwne .:":",:;,. ,;} includina ~ngt'sti~n problem due to no traffic ~~t &. driveway entrance, Odor. WIter Supply;,OtJ' ',,-~->',>,;;-:a street parking, lot SIlt f"r Proposed 60.vOSF Bwldu1g. and health reas.on.s (rllere b rn.idtDtlaJ JaouIlDg ,....' .." adjaceJII to this PWIJ\:I1)) '. . ..c .-". . . 'r.t' -,,, _""':';~;:;~~";"<yJ')i"!~>";,;J.. ...'-;.... " . :,{ This I}~ of property use will be a ~"Lsance;~rDur t~:IInU. an~~'~~':p~~tfu)~~5!~~:%~~'....,., 1 propel't}. fOI renta1 and resale. ~"' "',,, ,.:~:....... ,J. ,,~'. ~ ,,~'1:'..~it~~~~~'...if\?':f~!'.'i'./-".', ' _ ,-.. ..... ,..;;" ,} "1.:"";'" ....,..,- '..~ '1";~"~'" . "" #;1. .. "" -... ~.. botter .flb< .....~ ..~~,;;, ..;;Sa~;.<'~;},;;; ....~ from till' proposed project, please give our con~s~: :our ~~t, ~n~~~ ~~!~...if:~{,t~t:~:: :c,{~~ ,; S. . . "": -'~.:: .' ";~"'r,;,-,.:.",,,,:._it4!.,;<,,.<:;...:tf:--.~~,r , ID.....lv , . _ "".. ,. ,.,~.. ". ,..,.. ..~, . .,-". '" ,"" -~ ~ ". .... ",' , . , -' 2 . ':-; . ...: ,.".. _.',. .:,.. '~'. , :- " '..' .~' oIS' .... ...' "..':, -:-:':::-::~'. 7\';.':~in'"":~;;;,,:..,~.~j~,.::, '.. ~ :~<~~ -r...\- '1; >:~-~ '" t. ?...~ "'~16<~" t'~~"'''~.$-'''''~'~.J'<" ..:.,,'r ,i . - ~'" :: ~1.." ':~""<'~}':':;'::'~.':':'~':~'P,::~":":".;,-i/~ -~ - - >,..' _ '\ ..~ '1....-. ""'~', " ~ .~~...~~,~~~~...'-"?-~~... . ~_~",_,.:~.,. ~ VhiIlllL.Kr......'er.PA__ ~._' " ", '0'. ...... ,_, -, !.<"~>_."'.."..<. '""'.t '" --.. -...... , --- .,. ".F ,', ",..~:..'~ '.>'" . ;;:..;.:i~:z ~;~.:i..."~:<lf,c"'i!;,.. MaceJndustrialCentct '.. ,.... . __,".< _ , ~~.. ','.--__'._ .,~""..'."'. ' : 1>. ,~~;,. -. \ :: , " ';':"'''''''\;':~}1#< /' ~--;:~.:r~'~r,' i ---- . , ..' .(.... .... . '>c..:. '<._ " .~,,",,-~~,~~;y(.: ::.'_'~",~.;..~ ',' " ~.: - --""" .... .... '.,:~' ~.,,~ -;..<;';J;--;-;-,'::,' ;~;"'.'" \. l , TRANSPORTATION AND CIRCULATION STUDY SKY TRUCKlNGlPACIFIC DISPOSAL 187 MACE STREET, CHULA VISTA Pacific Disposal, Inc. proposes to construct a facility for materials recovery and waste transfer at 187 Mace Street, Chula Vista. This operation would supplant the present use of the project, Sky Trocklng. The purpose of this study Is to define the change In truck uNge of Main Street due to the change In use of the site. Sky Trocklng Is a year-round truck and material transfer operation. Dally logs and fuel records are available for that operation which have been summarized In Table III. Records show a seasonal variation In truck trips, both light trucks and saml's. The heavier use Is In the spring, summer and fall. The average use for eight months Is approximately 45% more than for the winter months. The tabulated values are a weighted average to reflect year-round ADT. The project usage Is taken from the CUP Initial study and truck load averages were fumlshad by Pacific Disposal. A one-day tramc count was perfonned on Febroary 8,1996 and was supervised by Algert Engineering. The results of that survey are tabulated In Tables I and II. The tabulated values In Table III show that In tenns of total tramc, the project will have negligible effect on overall traffic on Main Street, both for light and heavy vehicle. When truck loading Is factored In, the project will lessen the existing use. The heavily loaded truck use will be 165 per day at 100% project capacity. The existing heavily loaded truck trips Is 183 per day. This analysis Is bese,d on the maximum capacity of the facility of 1000 TPD. If the facility Is used at a more realistic level of 85% of capacity, the heavily loaded trucks will decrease by 23% from the present usage. The overall truck usage would decrease 11 % from present uNge. Measured as ton-trips, (num~r of trips x average gross vehicle weight) the existing uNge Is 8034 ton-trips per day and the project usage at 85% capacity Is 8146 ton-trips per .day (considering only semrs and trash- trucks). Therefore, although the existing facility contributes approximately 18" of the total heavy vehicle usage on Main Street, the project at 85% of capacity Is expected to reduce that usage to approximately 18% In lenns of truck trips and to approximately 13.5" of existing usage In lenns on ton-trlps. '. , , ~.1.1-' , .~_._._..- - . \. ) '-' . TAlLE I TlAmc CIUIT InDY Mil ITIEET/IIILLTCIP ~. 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END VIEW ~Cjt - - '.'.~!, -. - - - - -- .~~i_:::::-:: -A TOPVIEW SlOE VIEW ESEARCH & DESIGN Ice 1980, Nicolon has initiated j participated in a wide range of earch projects to evaluate the 10rmance of Armorflex, including following: Tetratech model tests - California, U.SA Leylstad field trials, Netherlands - Rijkswaterstaat Directorate of the Zuiderzee Project, 1982, .' "'lIIurllt:X ClUCK ;:,peCIIICHllons II YPJE.!lI values) - r- minal Gross l :;1Crele I Specilic Compressive ; ~nSions Area;; i Block Weighl" Open __lock Weight Strength Maximum \..., n, Block Area Class IlbS,/CU,It, Ibs./Jq, in. Absorplion A B C .q,1t ! Ibs, Ibs,/Jq,It, ',. S-Class 305 I 130.150 4000 12 Jbs.lCu_ ft. 130 11.6 475 0,98 31.36 32,37 20 Open Cell 50S 130,150 4000 12lbs.lcu_ ft 13,0 11.6 60 098 45,52 45,53 20 S.Class 455 130,150 4000 121bs Icu 11 130 11.6 4.75 098 3g.45 40,45 10 Closed Cell 555 130.150 4000 12lbs./cu ft 130 11.6 60 098 53.61 54-62 10 40 130-150 4000 121bs leu II 174 15,5 4.75 1.77 62.71 35.40 20 fOpen~ 50 130-150 4000- ~4bS ' ~5,5. ' 6,0 1.77 81-94 46-53 20 '~II \ 60 130.150 4000 12 fbs/eu, It 17,4 15,5 75 177 99.113 56.64 20 70 130.150 4000 12lbs/eu, II, 17,4 15.5 9,0' 177 120-138 68.78 20 45, 130.150 4000 121bsJeu, It 17.4 15,5 4.75 1,77 78.89 43.50 10 Closed 55 130-150 4000 121bsJeu, It 17,4 15,5 6,0 1.77 94.108 53.61 10 Cell 75 130.150 4000 121bsJeu, II, 17.4 15,5 7,5 1.77 120-138 68.78 10 85 130.150 4000 12 Ibs/eu, 11, 17,4 15,5 9,0- 1,77 145.167 82-95 10 or . Block height may vary by approximately 0.5" based on local manufacturer's capabilities. .. Block weight may va~ by 2% based on t~e spe~ific gravity ~f Iocafly available aggregate material.. 3. Wave Attack Tests, Report No. M1910 - Delft Hydraulics Laboratory, 1982. 4. Hartel Canal Trials - Rotterdam Public Works Department and Delft Soil Mechanics Laboratory. 5. River Waal Breakwaters, Arnhem - Rijkswaterstaat, 1983. 6. "Design of Reinforced Grass Water- ways," CIRIA Report 116,1987 7. "Minimizing Embankment Damage During Overtopping Flows," FHWA Report-RD-88-181 prepared by Simons, U and Associates, Inc., November 1988. 8. "Hydraulic Stability of Articulated Concrete Block Revetment Systems During Overtopping Flow," FHWA RepoJI-FlD-89-199 prepared by Simons,'U and Associates, Inc., JulyA989. ,/ Research Proven Performance Nicolon has carried out extensive research into wave and open channel flow conditions on Armorflex in the UriitedStates and the Netherlands, ' Design manuals and computer pro- grams are available to assist in the proper Armorflex block selection for your hydraulic conditions. Design rec- ommendations can thus be made on the basis of specific research data and sound engineering principles. GEOPRODUCTS COMPANY ARMORFLEX@ P.O. 80)(441, 7367 Noche Tapatia. Rancho Santa Fe. CA 92067 Tel: 619156-3050 FAX: 619 756-0284 JIM FISH, PH.D. EROSION CONTROL' SLOPE STABILIZATION PRODUCTS . ARMORFLEX . ARMORFORM . ARMORLOC . ,~_".z::--~'~ . GEOBLOCK . GEOWEB . GEOTEXTlLES . ....t:yc:;'!t!N~ WAil ~ Cellular Concrete Block Revetment System GEOPRODUCTS COMPANY P.o, 80'" .di~ 1 .ALG-08-199S 17:24 r,J-DQUX & RSSOC. ~ ;;'-;;<;'-.;;,;;;';'~-~ F' . ~~'I~; AU9Ust 8, 1995 city of Chula vista Attn: Barbara Reid, Planning Dept. 276 Fourth Avenue Chula Vista, CA 91910 Re: Mace Street Transfer station Dear Barbara, In February, 1995, at your request, we reviewed the preliminar\ plans for the proposed construction of a municipal solid wast>~ (MSW) materials recovery facility/transfer station (MRF/TS at l~- Mace Street in Chula vista. We were requested to co_ent on aLe' reco_end design features to minimize potential nuisances relatec to odor, dust and noise from such operations. A copy of O',-~- initial evaluation is attached for reference. OUr reco_endations covered three' areas as follows: 1. Mechanical ventilation of the MRF/TS structure to disperse G~ much of any emissions at roof-toP instead of ground level. 2. Installation of a dust control fogging system to which od;: counter-reactant (OCR) could be added for aclditional od;;;~' control, and, 3. Compliance operation operations with city of Chula Vista noise standards fre: of any mechanical equipment and from on-si~_ of trucks and materials hanclling equipment. Subsequent to our evaluation, we reoeived a more detailed faciliv description and si te drawings from Mr. Pat Lawrence of sc.: Engineers. We also conducted a site visit on AU9Ust 4, 1995 L view existing truck terminal operations. our observations and recommendations are as follows: 1. The building orientation relative to prevailing winds wL' minimize odor escape through the access doors. /77# Sky PM! arcJt:. Suite 2/0. JniDe, c.JiI'omia 927/4 . PboDe (7/4) 8JI-8009 - FLr (7/4) 8JJ-80;. .AUG-08-1995 17:24 r, I ROUX & ASSOC. P.C: -2- 2. The ventilation rate ("negative pressure") is a little weak when all eight (8) doors are open. Not every door need be open all the time such that partial door closure is recolllllended wher: possible. 3. The existing operation shows evidence of dirt "track-out" frc::, truck terminal traffic. Pavement of all travel paths anc barriers to any aocess of unpaved surfaces is recolllllended. 4. The misting system with an OCR option is the state of the arT. in dust/odor control. We would recommend that its proposed Uf;C "as required" be given more quantitative standards. 5. Noise control will be achieved by compliance with the municipal code and by the site design itself. We believe that the nature of the operation, the distance between source and receiver a!')':' the intervening structures between the proposed HRF/TS wiL preclude any noise nuisance potential. OUr recolllllendations for any specific permit conditions are a:., follows: 1. Four (4) of eight (8) roll-up door!> shall remain normal]' cl05ed and will be opened only when the volume of truck traffi: requires additional access to prevent truck queuing. 2. No readily biodegradable material shall remain stored on-sit~ for more than 48 hours awaiting disposal. 3. All rOll-up doors shall be completely closed on days when trs MRF/TS is not operating. 4. The mechanical ventilation system shall be continually operat:" at one-third or more capacity if any readily biodeqrada!:2 material is stored indoors for more than 24 hours. 5. All travel paths, parking, container storage, and truck/traiL: staging areas shall be paved with asphaltic or other concrete and project operations shall be barred from access to a,,\ residual unpaved areas on the project site. Any evidence o! dirt "track-out" onto Hace Street shall be removed by washi~~ or sweeping at the conclusion of each workday. 6. A misting system for dust control shall be installeCS capable c.t maintaining average dust levels of less than 5 mg/m' ~n area,' Of public or on-site employe. exposure. The system shall , AUG-0B-l995 17: 25 r; I Raux & ASSOC. p, [- ( -3- contain provisions to add an odor counter reactant (OCR) to be activated when refuse odor is detectable beyond the propert;- line. Sufficient OCR shall be maintained on-site to supply the syste. for 48 hours at cbemical feed levels recommended by tr.e OCR manufacturer. Please call me if you have any questions regarding the enclose6 materials. Sincerely, " . {~b.~ Hans D. Giroux Senior Scientist Giroux , Associates HDG:ai Initial IJIPact Bvaluation (Subaitted PebrUary 2, 1995) Fll..G-0B-l995 17:25 GIROUX & ~C. P.05 l IIACE S'J.'RBE'1' TRAMSI'D STATIOJI JlUISAIICB IJIPACT PO'l'BII'1'IAL ~ Odor is a common characteristic of refuse handling and disposal. Refuse odor formation is a complex process which depends on the nature of material underqoing preliminary decomposition as well as the environaental factors that affect Chemical or biological process rates. Factors affecting the reaction rate include moisture, temperature, acidity, oxygen supply, and several other rate-controlling Hchani5111S. No two containers Of refuse typically have an identical mix of waste, and certainly do not have the identical set of odor-formation physical and chemical parameters. The normal process of odor formation is for amino acids to begin decomposition very quickly. Nitro-organic and sUlfocorganic compounds typically create the most offensive odors during early stages of decomposition becsuse they are formed in sufficient quantity and the human odor recognition threshold is very low for these materials. Uncooked animal tissue and bioloqic8l waste are thus the most offensive odorants in typical KSII. During early stages of refuse decomposition, IIOSt biochemical processes occur in an oxyqen-sufficient state (aerobic 1 which qenerally is not conducive to strong odor fOr1llStion. In certain instances, oxygen can be depleted and anaerobic processes may beqin. Anaerobic decay often =eates hydrogen sulfide with its rotten egg odor, as well as forming volatile organic acids that have a sickly sweet odor character. A bag of wet grass clippings, for example, may begin to compost soon after being cut with rapid heat formation and oXYgen depletion that quiCkly leads to a musty S1IIell. If those SUle clippinqs are aerated by bein9 dispersed aJDOn9 other material, odor will be minimal as 10n9 as the process remains aerobic. In addition to a very complex character of refuse odor, people's odor aensitivity/acuity varies from person to person and even by time Of day in the sUle person. Odor quantification attellpts to overcome this problem by using a qroup of people in any odor evaluation (called an "odor penel") and 8....igninq the odor threshold to that concentration of odorant when one-half of the panel can detect. the odor. Odor strength is quantified by measuring hOW much dilution with clean air is required to reach the threshold. The dilution ratio is called. the nUllber of "odor units" in the air sample, or the "dilution to threshold" (D/T) ratio. Thus, if one cuDic foot of air with. recognizable odor requires 99 cubic feet of additional clean air to dilute the sample enough for one half of the odor panel to no longer detect the odorant, the air suple would contain 100 odor units, or it would be a 100 D/T suple. ~. . :;t..~ n_ - .___.. .....-...r:"::' '.':;"-~Wi~_~s.. '.,&.,I..E~'J:lCI''''' '.i\J~.Y--.:::-- qeneration exceeding 90 dB at 3 feet without a propaqation !)arrier between the source and the receiver. h' TOTA.. P.05 AUG-08-1995 17:26 r; I ROUX & ASSOC. p.e~ -2- At 2-4 DIT, odor is still very faint and people are often not consciously aware of any nuisance. At 5-7 DIT, odor begins to intrude into human consciousness and people with qood olfactory acuity can often recoqnize the type of odor beinq encountered. If the odor is unpleasant, 5-7 D/T is qenerally the threshold at whieh people may beqin to complain about the odor. At 10 D/T, the complaint frequency begins to increase noticeably. The nuisance rule in the California Health and Safety code as used by the San Dieqo APeD in its nuisance rule (Rule 51) defines odor nuisance as one that irritates or annoys "any considerable number of people". At 10 D/T, the considerable nWllber of people criterion is generally considered to be met. For example, the South Coast AQHD in its "CEQA Air Quality Handbook" (1993) specifies a 10 D/T level as the odor threshold constituting a potentially siqnificant impact. Thus, a reasonable target level for minimizing odor impacts is 5 D/T, and a siqnificant impact would occur if an odor level exceeds 10 D/T. These threshold levels are the recommended significance criteria used to evaluate odor impact potential. Any odorant released into the atmosphere undergoes natural dilution by turbulent processes during transport from the source to the recei ver. strong winds, a rapid decrease of temperature with elevation and a large source-to-receptor separation maximizes the dilution and minimizes the downwind odor level. Weak winds, an increase of temperature with height (an inversion) and a small distance separation between source and receptor maximizes impact potential. Potential odors from operation of the KRF/TS will result from three primary sources, i.e., . Tipping floor and processing lines ror municipal solid waste recycling storage of residuals (non-recyclables) awaiting disposal Handling of yard waste .aterials . . Each activity has aomewhat different odor characteristics. Given further the imprecision in quantifying odor and its associated nuisance potential, determining the size of the odor impact "envelope" around a MRF is difficult. Environmental dOCUlllentation for several proposed MRFs in southern California contend that odor impact potential is negligible. The contention is based on projeet design characteristics and on odor monitoring experience at several existing MRFS. . AUG-08-1995 17:27 1;1 ROUX & ASSOC. P.C (, -3- Odor strenqths from refuse handling have been studied at a number of facilities. Odors on the tipping floor of a large transfer station were measured to be 20 D/T at 30 feet from the do~wind edge of the facility. (TRC Environmental Cons., Odor Study for Monroe, WA Transfer station, 1991.) This measurement is consistent with our observations of a MRF tipping floor in Anaheim, CA which found odor levels of 5 D/T with peaks of 15 D/T directly downwind of the facility (08/25/92). Under more stable weather conditions, odor levels were estimated to be up to three times higher. However, the peaks were aS$ociated with yard waste that was beginning to compost on site. Tripling the more typical 5 D/T level observed from the refuse tipping and sorting brings the observation very close to the Monroe observations. An odor strength of 20 D/T was therefore used as a basis for evaluating impact potential for the proposed Chula vista MRF/TS. Emissions were assumed to derive either from a dispersed, ground- level source (a tipping floor with multiple door openings), or froltl a roof-top ventilation system. The EPA first-level computer dispersion model SCREEN was used to compare roof-top versus qround-level odor dilution. For a qround- level emissions source, the dispersion model predicts that it would require 300 meters (around 1,000 feet) to reduce the 20 D/T odor to the 10 D/T significance threshold level. If, however, the same IUIIOunt of odorant is released from a roof-top vent on a large building, the peak qround level odor concentration is only 16 percent (3.2 D/T for the above example) of a ground level release. These calculations support the conclusion that a semi-enclosed MRf structure with a roof-top exhaust air ventilation system would have a less than siqnificant odor impact. Even with minor leakage a~ ground level where trucks enter and leave, the negative pres sur. , and roof-t.op discharge of ventilation air would maint.ain odor levels of less than 10 D/T beyond the project property line. The data suggest.s that the MRF/TS would not create a significant odor impact if the roof-t.op ventilation system maintains adequate exhaust. velocity/negative pressure to capt.ure the bulk of any odorous emissions. Final design and sizing of the syst.em to accommodat.e odor control has not been complet.ed. If the truck access/exit ramp and door is 'in the lee of the building (facin9 away from the prevailin9 onshore winds, we believe that en average inflow velocity of 1 foot per second would adequat.e1y capt.ure most pot.ential odor release. Unless the applicant can demonstrat" otherwise, we believe that fan sizing (Cl"K) should meet. the following criterion: CFM - opening size (sq. ft.) X 60 -_.. AUG-08-1995 17:28 GIROUX & ASSOC. P.123 -I -4- JZ!W', PuIIIping the contents of refuse trucks on the tipping floor and moving the materials to sort for" recyclables can create dust clouds, especially if the contents include dirt or construction and demolition debris. The negative pressure/roof-top exhaust will remove some of the smallest dust particles, but the heavier dust will .ettle out within the building on workers and equipment. The current state of the art in transfer station dust control is through a water mist system. Water is sprayed under very high pressure (= 1000 psi) through nebulizing nozzles. The tiny water droplets agglomerate the suspended dust and cause it to settle out faster within the transfer station. Chemicals can be added to the water for odor control. These chemicals have, in the past, been mainly deodorizing agents such as pine or citrus concentrates. A number of proprietary odor counter-reactants have been marketed in the last few years. Dust control may therefore have an odor control benefit with the addition of such odor-reducing agents. liaise Noise levels from trucks accessing the site will not be substantially different than from the historic use of the site as a truck terlllinal. Any noise impact differences. would be due to on- site noise generation. "New" on-site noise sources would be from waste unloading or loading acti vi ties, or from lIIechanical equipment associated wit:. nuisance abatement. Loading/unloading is primarilY associated wit;: hydraulic 5ystems to dump the packer trucks and to load thE- residuals disposal trailers. Some engine acceleration is often associated with operation of the hydraulics. Peak noise levels of 90 em have been measured within transfer stations with average levels of 80 dB. Attenuation by the solid walls of a transfer station is 40 dB, such that peaks would be Onlt' marginally detectable and averages not at all with the existing baCkqround noise environment. Audibility would only occur along the side of the buildinq with the truck access opening. 1f there is a direct line of sight frolll the equipment to an off-site receiver, attenuation by spherical spreading would produce nois~ levels of 70 dB peak/60 dB averaqe. However, beeause trucks wiI] qenera1ly not dump their loads i1Dlllediately adjacent to the access/ egress door, their direct line of eiqht to any off-site receive~ may be blocked even in the direction of the door itself. Averag~ AUG-08-1995 17:29 , r, IROUX & RSSOC. (, p.e~ -5- levels at 500 feet with partial blockage or intermittent exposure would be perhaps 50 dB. This is consistent with daytime standards for the city ot Chula Vista. While, it is highly preferable that the access opening not face any off-site, noise sensitive uses, we would not anticipate that noise standards would bel violated even if it did. Mechanical equipment noise may derive from the proposed exhaust fan used for building ventilation. If the tan is mounted on the roor, noise may propagate treely in all directions unless the fan hOusing is partially enclosed. Calculation WilS made of the spreading loss between the equipment and the nearest residence at 600 feet from the source. The sum of the spreading 10$S plus the standard (using 45 dB a$ the most stringent standard) is the allowable upper bOund on fan noise expressed as tollOWS: 45 dB (standard) + 46 dB (spreading loss) _ 91 dB (maximum noise generation at J feet) If the fan noise is rated at 90 dB or less at 3 feet, it will mee~ the standard even if mounted outsil;le. If the fan exceeds this performance standard, it will require partial enclosure or that it be mounted inside the bui1dinc;J. Vibration Vibration from the proposed operations likely will not b~ perceptible beyond the building envelope. There are no vibratio~ sensitive residences or industrial production processes that would be eXposed to any perceptible project-generated ground vibration. ReC'..............ations: 1. Ventilation systelllS sball be sized to maintain an average inflow of 1 foot per second on any building openings. ~. A water .ist dust control system shall be installed with the option to add deodorants or odor counter-reactants to the water, if necessary. 3. Mechanical equip1lent mounted outdoors shall not have nois" generation exce.ding 90 dB at 3 feet without a propagatio~ barrier between the source and the receiver. TOTAL c, MAR-08-SS 10.08 FROM.SO CAL ~OIL TESTINC /~ ~ ID,81S 2~ 4717 " REPORT OF PRELIMINARY, ENVIRONMENTAL SITE ASSESSMENT (pHASB I - ESA) 187 MACB STREET CHULA VISTA, CAUFORNIA SUB:Mu 1.1:,1.) TO: SKY TRUCKING 412 CROSBY STREBT SAN DIEC30, CAUFORNIA 92113 SUBMITTED BY: SOUTHERN CALIFORNIA SOIL AND TESTING, INC. 6280 RIVERDALB STREET SAN DIEGO, CALIFORNIA 92120 Providing Professional Engineering Services Since 1959 PACE 2/23 MAR-eS-&S le.'8 FROM.SO CAL ~IL TaBTINC :. ( ~ ~ '" SOutHERN CAUFORNIk ' "., ", SOIL&TESI1NG.INC. , " ',..... QSC RioonIIIeS-. SulDIoto, C4 92110 P.O. Box 600627. Su Dit&o. CA '21~ 61~3Z1.FAX619-2e0-4717 ID..'. 12.. ....117 PACII 3/123 ~' March 9, 1996 Sky 'I'Iuckini 412 Crosby Street San Diego, California 92113 SCS&T 9613010 Report No. 1 SUBJECI': Report of Prdiminary Environmental Site Assessment (phaSe I . ESA), 187 Mace Street, Otula Vista, California. Gentlemen: In xesponse to the request of Mr. James Algert of Algert Engineering and our I\upvsal No. 965054, we have perf'onncd a PrcIimi1Iaty EnviR>nmental Site Assusment (Phase I. ESA) of the subject property to assess the potential presence of hazardousltoxic maIcria1s. Our study was limitai to a site RCOIUI2issanc:e and a MView of avI11able information. Sudac:clsubsurface sampling or lISting of soil, water, or other e...blileOUS materlals was not within the scope of this study. We urge you to read the entire report and to contact the IDIdeISi:ncd with any questions '. , or conc:cms you may have pertaining to this report. :. . A Phase I ESA comprises a number of individual elements Wh030 basic natu~ and exrent are dctcmlinecl in accordance with the Slandatd of care appllcable to Phase I ESA$. The standard of care is commonly defined IS the care applied by the onfinary practitioner at the time and in the area wh=e the ESA was performed. We believe that we have ...~.. ....... ....- --.-.. .,' - '.' ..... ',. MAR-0B-BB 10.10 FROH,BO CAL ~OIL TEBTING . I " ID,B1B 2P'" 4717 PAGE 4/23 SCS&T 9613010 March 9, 1996 complied with the applicable standard of care and that we have complied as well with Phase I SA practices and service scope elements n:commended by the American Society for Testing and Materials (ASTM). Note that our servica intentionally did not include any inquiries with respect 10 asbestos, radon, methane, wetlands or any other anci11aIy hazardous materials or conditions. The accompanying report is an instrument of service of SCS&T. The report summarizes our findings and ICIates our opinions with respect to the potential for hazardous mawials to exist at the site at levels liIcely to warrant mitigation pursuant 10 cune:nt guidelines regulated by the County of San Diego and/or the State of California. Note that our findings and opinions are based on information that we obtained on given dates, through records xeview, site review, and ICIated activities. It is possible that other information existS or subsequently has become known, just as it i$ possible for conditions we observed to have changed after our obsexvation. For these and associated reasons, SCS&T and many of its peers routinely advise clients for ESA sczvic:es that it would be a. mistake to place unmerited faith in findings and opinions conveyed via SA repons. SCS&T cannot under any circumstances warrant or guarantee that not finding indicators of any particular hazardous material means that this particular hazardous material or any other hazardous materials do not exist on the site. Additional xe.search, Including invasive teSting, can reduce the risks, but no techniques now commonly employed can eliminate these risks altogether. SCS&T will be pleased to provide more information in this regard. Respectfully submitted, SOUTHERN,CALIFORNIA SOIl: AND TE$TI~G.. INC. : Curtis R. Burdett CEO '1090 CRB:crb cc: (4) Submitted I.. nSTINC ID.BIB 115111 ( 7 PACE 10/23 MAR-IIB-BS 111.11 FRDM.BD CAI.. .~. '.. ,;.' " , ( .," ......:.. ) SOUl1!ERN CAlJfcwul,- son. " TES'TtNG, INC. 6'210 RmnIoIeS.-,Su Diop,CA 92120 20. Bat eQ06Z7. Sa DiosIt. CA 911~ 619~321.FAX61~17 REPORT OF PREI..IMINAltY ENVIRONMENTAL SItE ASSESSMENT EXISTING COMMERCIAL SrrE 187 MACE STREET CHVLA VISTA. CALIFORNIA INTRODUCTION This report is an instrll!lltnt of service of SCS&T. 1110 ~r:t ~ts the results of a Phase I Environmental Silb Assessment (ESA) of tho subject site, pro, ,aed for Sky TIucking. The services performed included limited rcsean:h, a lCYiow of $pCCific:d listings, and a site ttCODII8iS$81'lce. A Phase I :fSA is conducted to pennit fOImlltation of an opinion as to the potential for hazardous materials to exist at a site at levcJs Iibly 10 wanant mitigation pllI'SU3l1t to ItIuJaliODS 'of the County of San Diqo Huardous Materials Mane&ement Division and defined by the California Code of Regulations. OpiniODS Jelative to the ba2:ardous materials potential given in this rtpOIt &Ie based upon information derived nom the most recent site ~n~issance and from other activities cIescribed b=dn. The cUc:nt Is herewith advised that the conditions observed by SCS&T lIe subject to change. Certain , indicators of the presence of Jwaxdous materials ~y have been ~t at the time of the mOst recent silb reconnaissance and may subsequently have bec:ome observable. In a similar manrICf. the r=rch effort conducted for a Phase I ESA is limited. Accordingly, it is possible that SCS&T's researcb, while fully appropriate for a PI1asc I :fSA, failed to indicate the existence of jjllpoItant information sout'OCS. Assuming such SO\lJCeS actually -.. -... .-.--.. '-'.--." MAR~eS-SB 1e.11 FROM.SO CAL SOIL TESTING ID.BIS 2f'1J11 4717 PAGE &/23 SCS&T 9613010 March 9, 1996 ' Page No. 2 exist, their infonnation could not have been considered in the formulation of SCS&T's findinp and opinions. In essence:, a Phase I ESA is a sexvice whose basic elements arc dctc.rmined by the $l3ndard of care p~vailing at the time the sc.rvi.ce:was rendered in the atea where it was xeodercd. Because stan<jards of care can be identified only through relIQspective inquiry, SCS&T hl$ assumed that the standard of care is articulated by American Society for Testing and Materials (ASTM) Standard 51517. Problems have arisen in the past because people IUId organizations have assumed, improperly, that they could rely on a Phase I ESA IepOIt developed for another party. So there is no confusion in this respect, recognize that Sky Trucking is the only intended beneficiaIy of this report. Reliance on this report by any party other than Sky Trucking could possibly result in reliance on assumptions whose extent and natute would distort the meaning and impact of the findings and opinions related herein, in turn resulting in misinterpretation of these findings and opinions and unwise actions based on those misinterpretations. SCS&T'S findings and opinions presented in this report may not be relied on by any party except Sky Trucking. With the consent of our client, SCS&T is available to contract with other parties to develop findings IUId opinions related 'specifically to such other parties' unique risk management concerns. The guidelines used to define "hazardous materials" were obtained from the California Code of Regulations. For the purposes of this report. the wvicinityw of the site is defined as PlOpertiCS located within an ~ximate one ha1f-~iJe to ono-~n.dius of the site. :. - : SCOPE OF SERVICE The scope of our services included the following: MAR~09-9B 10.12 FROM.SO CAL Q~'L TESTING '-- ID.SIB 2p.... ,~717 PAGE 7/23 SCS&T 9613010 Match 9, 1996 '--.' Page No.3 1) Performing a visual reconnaissance of the exterior areas of the property for the presence of noticeable gasoline, petroleum products, or other obvious toxic materials. 2) Identifying properties within a close proximity to reveal any uses that may be significantly hazardous to tho subject site. Available governmental records were reviewed for infonnation conc:e:rn1ng the p.operty or neighboring si=s. 3) Contacting various pertinent governmental agencies, reviewing applicable lists, tiles, etC., with regards to uy specific information peJ1aining to the subject site. -- FEDERAL SOURCES - National Priority List (NPL) CERCLtS (CC) NFRAP (NF) Federal Facilities (PF) Emergency Response Notification System (ERNS) Site Enforcement Tracking SyStem (SE) - Enforcement DocIcct System (DOCKET/CDEI'S) RCRA Resource Conservation Recovery Information Systems (RCRIS) Superfund Liens (LJENS) - Federal Enforcement Dockets (FD) . ' : --CALIFORNIA STATE SOURCES _ Annual Work Plan (BP) (previously known 8$ Bond Expenditute Plan) CALSITES (previously known 8$ Abandoned Sitos Program . Information System) Hazardous Waste ud Substance Sites List (CORTESE) . Leaking Underground Storage Tanks (L 1) Solid Waste Infonnation System ($5) MAR~ea-ee le.13 FROM.BO CAt ~IL TEBTING '- tD.Ble 2 4717 . SCS&T9613010 March 9, 1996 - ABl803 Follow-Up Program - eanfornia Depaxtment of Conservation - Division of Oil and Gas .. REGIONAL SOURCFS - Underground TanIc Listing (LUSTS) - Toxic Relea" (NT) - Toxic PiIS Cleanup Act (l'CPCA) - Solid Waste Test Program (SWAT') _ Spills, Leaks, InVe$tigation and Cleanup (SUe) - Well Investigation Proct,.ram WIP (ABl803) . Hazardous Waste Information System (HWIS) .. SAN DIEGO COUNTY 'RMMD LISTINGS - HE 58 Listing - HE 17 Listing _ Environmental Assessment Listing .. OPERA 1'TNG 'PERMITS - RCRA Generators (RN) - RCRA-TSD Facilities (ID) SARA TItle m, $ectipn313 (SA) _ . . - .. Nuclear Regulatory Commission Licensees (NC) - PCB Handlers DatabaSe (PB) Permit ComP?ance System (PC) AIRS Facility System (AF) Section Seven Tracking System (PE) FIFRAfJ'SCA Trackin& System (FT) Fcdml Facilities Information System (PSIS) PAGE 8/23 Page No.4 SCS&T 9613010 MAR-.0B-B8 10.13 FROM. SO CAL f"' 'L TESTING l Page No. 5 .. ID.8IB 2B'" '717 PAGE B/23 March 9, 1996 Chemicals in Commerce Information System (CI) - FINDS EP A Facility Index System (FN) - Hazardous Waste Information System (HW) - Underground Storage 'I)nks (U1) OTHER SOURCE..c; - San Diego County Agricu1tutal Commission - Restricted and Non-Restricted Permit Review - San Diego Gas and Electric (SOO&S) - San Diego County Air Quality Management District - Fite Department Building Depanment Wa1er and Sewer Agencies 4) Analyzing available published maps, photoitlPhs or published material pertaining to the subject site or immediate localized area. .. City of Chula Vista - Sewer and Irn.inage Maps San Diego County - Aerial Photognphs - Topogyaphic Maps United States Department of Agriculture (USDA) - Aeri~ Photog~hs , ' United 'SlateS Geological Survey (USGS) - Topogyaphic Maps Sanborn Pire Insurance Maps *. .. .. .. 5) Evaluation of existing hydrogeological information, including the direction of eround water flow and water table levels where available. MAR~0B-B6 10.14 FROM.SO CAL SOIL TESTING ID.61B 2E11/1 4717 PAGE 10/23 SCS&T 9613010 '- March 9. 1996 Page No.. 6 6) Reviewing any other pertinent data (soils, geotechnical, environmental, etc.) provided by client, pertaining to the subject site potential for hazardous mater:ial contamination. 7) Performing an assessment as to whether present or past owners or tenants have stared, treated, or discharged hazardous materials or waste. 8) Reviewing the site ownership and site tenant information to help identify past owners 01" tenants that may have used hazazdous materials. LIMITATIONS AND EXCEPTIONS OF ASSESSMENT It should be noted that the scope of a preliminary environmental 'site assessment nonnally does not include analysis for asbestos, Jado.D, lead paint, methane gas or other ancillary hazardous material stUdies within any existing on-site structures or exterior of ptOpCrty. The findings and opinions conveyed via this ESA report are based on information obtained from a variety of sources enumerated herein, and which SCS&T believes are reliable. Nonetheless, SCS&T can not and does not guarantee the authenticity or reliability of the infonnation it has received. This report is not a comprehensive Site characterizatioti ~d mould no.t be construed as such. The opinions presented in this report are based on findings derived from a site reconnaissance, a IeView of specified regulatory' records and historical sources, and comments made by intcrViewees. SCS&T has found indicators that suRest that haz:udous materials =dst at the site at levels likdy to warrant mitiption; the mitiption measures cunentiy utilized include proper handling and disposal of ha2:ardous materials and lor hazardous waste. MAR-,09-99 10,14 FROM.SO CAL 8O.IL TESTING ID,919 290,,4717 , SCS&T 9613010 l March 9, 1996 PAGE 11/23 Page No.7 Phase I ESAs, by their very nature, are limited. SCS&T has endeavored to meet what it believes is the applicable aundard of care and, in so doing, is obliged to advise our client of Phase I ESA limitations. SCS&T believes that providini information about limitations is essential to help the client identify and thereby manage its risks. These risks · can be mitigated-but they cannot be eliminated-through additional raearch. SCS&T will on request advise our client of the additional research opponunities available. their impact on risk, and their cost. LIMITING CONDmONS The ESA was limited both by access to portions of the site and by the availability of lovemmental records and other applicable. information sources. FINDINGS ON-SITE SURVEY Site DescrIption The project site is an I.rshaped parcel of land located adjacent to and east of Mace Sueer in the City of Chula Vista.. The site is identified as Parc:cl3 of farcel Map 5114; the. Assessor's Parcel Number is 629~130-27 and the size is 4.69 acres. The, site haS approximately 175 feet of frontage along Mace Street and ranges up to approximately 660 feet deep; the eastern Ploperty line is approximately 440 feet long. The site is bounded , on the north and south by developed commercial property and on the cast by an unlined drainage channel with slopes up to approximately 10 feet high; a self-storage facility is across the channel to the east. The site curxentIy supports several structures that have been utilized in the existing and pi'evi.oU$ commercial operations at the site; these structures MAR-~B-BB 18,1& FROM,SO CAL SOIL TESTING ID.BIB 2B8 4717 PAGE 12/23 SCS&T 9613010 March 9, 1996 . ) Page No.8 include three block or block and stucco buildings, a small stucco building, a metal building, a c:onc:tete loading dock and ramp, a truck scale, a fuel island, assorted concrete walls, and sevet3l concrew stabs (both with and without overhangs). Most of the portion of the site that is not occupied by buildings is covered with gravel and used for truck and trailer storage. The site is genet3l1y void of vegelation I:ItCept for landscaping on the front portion of the lot (near Mace Street) and for a fcw small weeds that have been allowed to grow in scattered locations. . A site visit andobsezvation was perfonned to determine the existing Sl.lbject site conditions. The purpose of the visit was to observe for any indication of the presence of obvious hazardous material contamination. The results of the site reconnaissance revealed that automobile parts, tires, and pcttOleum products associa.tecI with the existing trUCking opentions at the site are presetlt on-site. The hazardous wasteS generated from the existing commercial operations at the site are currently stored in 55-gallon drums on the northeastern portion of the site. In addition, it should be noted that one 12,OOO-gallon underground fuel storage tank associated with the truCking operation is present. OFF-SlTE. SURVEY In addition to the on-site reconnaissance, Iepre.sentatives of SCS&T obServed adjacent properties while located on public thoroughfares. Observations were made in an effort to assess if facilities andlor stnIctures are loca~ on these.pro~ and, if so, if they are opented by entities wh~ names suggest that thcy. might use., store, generate; t:ceat, or dispose of ha2:ardous materials in the cout'Se of their busincss. Numerous businesses within the one-mile search radius of the property utilize, store, generate, or transpOn hazardous material. MAR-0B-BS 10.1& FROM.SO CAL,D~lL TESTING "- ID.SIS 2P"4?1? PAGE 13/23 SCS&.T 9613010 March 9. 1996 Page No.9 RECOGNIZED ENVIRONMENTAL CONDmONS Information obtained indicates that some recognized environmental conditions presently ~ist on and in the vicinity of the $ire. (A IeC:Oguizcd environmental condition is defined as the presence or 1ikc1y ~c:e of any hazardous substances or petroleum productS on a ~.operry W1der conditions that indicate an cisting release, a past release, or a material 1hn:at of a release of any bazardous substances or pc:Uo1eum products into structu= on the 1'10~ty or into the ground, ground water, or surface water of the property. 'Ibe term Includes hazardous substances or petroleum products even under conditions in compliance with laws). The site reconnaissance revealed that some petroleum products, motor vehicle partS, and tires associated with the existing trucking facility at the site are present at the site and that a 12,OOO-gaIlon underground fuel (diesel) storage tank is present at the site. Another fuel storage tank (a l00C>-galIon unleaded tank) was apparently removed in 1986. In addition, the $ite reconnaissance and review of available information Indicated that hazardous materials and/or petroleum products are used, generated, stored, treated, or disposed of at the subject $ite and on close-proximity sites (within one mile of the site). It should be noted that the subject site is listed as an environmental concern on one of the Regional sources (the Toxic Releases list) and is listed on two of the Operating Permits lists (HazaTdous Waste Information System and Underground StoIaiC Tanks). Available information indicates that the facility at the subject site fa.iIed an integrity test in the past but apparently a site ~ssment was petfonned, the l000-galIon unleaded gasoline was properly removed, and the case was closed, in 1989. Other than the 1000- pIlon fuel tank, there is no infonnation to necessarily suggest that these on~site so~ or close-proximity sites 'have significantly adversely impicted the subject prOPc;rty tliough . there is some Indication that some surficial contamination may have occ:umd. Portions oftbe site's surface are stained with petroleum products and there is a possibility that some minor leabge may be associated with the commercial operations at the site, including, but not nece~sarily limited to, fueling and servicing of the vehicles. March 9, 1996 ID,SIS 2S0 4717 ) PACE 14/23 MAR-0S-SS 10.IS FROM. SO CALSOIL TESTINC SCS&T 9613010 Page No. 10 Based on such factors as the distance to the close-proximity sites, the topographic relief, and the elevation differences. the likelihood of these off-site sources affecting the site is considered low to moderate. This is considered normal for commercial locales such as that at and near the subject site. GENERAL GEOLOGY AND SUBSURFACE CONDITIONS GEOLOGIC S~a uNG AND SOn. DESCRIPTION: The project site is located in the Coastal Plains Physiographic Province of San Diego County and is underlain by Quaternary-age sedimentary materials identified as stream temcc deposits. The deposits generally consist of brown to grayish-brown, medium dense to dense sands and sandy silts, and sandy gravels_ Underlying the Quaterl)ary-age materials, at an undetermined depth, are the ye1lowish-brown sandy silts and silty fine sands of the Pliocene-age San Diego Fonnation. GROUNDWATER: A reView of the State of California Department of Water Resources Hydrologic Data indicates the subject site is located within the Otay Hydrologic Subunit of the Otay Hydrologic Unit within the San Diego Drainage Province. Depth to groundwater in this area may be at several tens of feet; however, perched groundwater may be encountered at shallower depths. .. AERIAL PHOTOGRAPH REVIEW Aerial photographs were reviewed at the San Diego County offices and included the years 1928, 1970, 1973, 1978, 1983, and 1989. United States Department of Agriculture photographs were reviewed for the year 1953. A summary of the aerial photograph review is presented below. HAR-8s-aB tm.t7 FROM.SO CAL ( IL TESTING ID.BIB 2Br '717 PAGE 1&/23 SCS&T 9613010 . March 9, 1996 Page No. 11 A review of the 1928 aerial photographs indicates the subject site and much of the SUIrounding property were vacant, undeveloped property or agricultunl property. Mace Street was present along the western boundaIy and the small tributary drainage channel to the OlaY River was present along the eastern boundary. A review of the 1953 photo&r8Phs indicated that the site and most of the adjacent property were use6 for agricultural purposes. Several small structures were observed in the general vicinity and on the western portion of the site. In addition, some structures which appear to be greenhouses were also observed on the western portion of the site. The eastern portion of the site appeared to be vacant land. A review of the 1970 photographs revealed conditions similar to 1953 but increased development in the surrounding area had occurred. A review of the 1973 photographs revealed the presence of the existing small structures on the western portion of the site and the presence of another structure to the cast (possibly one of the remaining greenhouses) that has since been removed. Xt appears that the eastern portion of the site was in the process of being prepared for development on the 1973 photographs. A review of the photopphs for sueceeciing yeatS (1978, 1983, and 1989) indicared that the site 3ppaientIy continued to be used for commercial purposes and that the sunounding area has gradually been in~g1y d~oped for commercial uscs. TOPOGRAPHIC MAP REVIEW The 1958 and the 1972 editions of the County of San Diego 200-sca1e maps were reviewed. , A review of these maps indicated similar information as that seen on the aerial photographs. The 1904 edition of the United States Geological Survey San Diego MAR~eB-BB 10.17 FROM.SO CAL 'OIL TESTING ID.SIS 2r' 4717 i PAGE IS/23 SCS&T 9613010 March 9, 1996 Page No. 12 Quadrangle (lS-minute series), the 1953 edition of the United States Geological Survey San Ysidro Quadrangle (7.S-minute series), and the 1967 edition of the United States Geological Survey Imperlal Beach Quadrangle (7.5-minute series) topographic maps were reviewed and also indicated similar information. ENVIRONMENTAL RECORDS REVIEW Applicable governmental records were reviewed as part of 01.11' scope of services. A computerized record search was perfonned by BBL Information Retrieval in February 1996. A copy of the report by BBL is pxesented as Appendix A. In general, the results of the review of available governmental records indicate the presence of several. businesses within the search radius (one mile) that use, perate, store, treat. or dispose of hazardous materials andlor petroleum products. Based upon the aforementioned reviewed infonnation, there is no indication that any on. site business or close proximity business has resulted in significant on-site contamination, other than the lOoo-gallon fuel tank that has been removed. Available infonnation indicates that the facility at the subject site failed an integrity test in the past and that a site assessment was perfonned and that the case was closed in 1989. However, as noted previously, the subject site is listed as an environmental concern on one of the Regional sources (the Toxic Releases list) and is listed on two of the Openting Pc:nnits lists (Haw'dous Waste Information System and Underground Storage Tanks). CITY AND COUNTY DIRECTORIES REVIEW A representative of SCS&T reviewed the Haines Directory and the Polk Directory available at the City of San Diego Library to obtain information ab~t previous occupants of the site and adjacent properties. These directories were reviewed at intcl:Va1s to attempt to identify past OCC1.Ipants of the site and adjacent P10penies whose COlpOrate names MAR-1ZIS-SS 11110 IS FROM,SO CAL - "L TESTING I... ID.S1S 2'-- '717 PAGE 17/23 SCS&T 9613010 March 9. 1996 Page No. 13 suggest activities typically associated with the use, generation, stOrage, ttcatment, or disposal of hazardous materiaJs. SAN DIEGO COUNTY AIR. QUALITY MANAGEMENT DISTRICT The San Diego County Air Quality Management District was con13Cted for records pertaining to possible releases of hazardous substances to the atmospbere. WATER AND SEWER DEPARTMENT. The City of Chula Vista Water and Sewer Department and the County of San Diego Health Department was contacted to obtain infonnation regarding the source of water and method of sewage disposal at the site in order to help dctcnnine if on-site effluent disposal may have contributed to possible site contamination. No infonnation was found to suggest that effluent disposal at the site has been the source of pDSSlole surface or subsurface contamination. SAN DIEGO COUNTY AGRICULTURAL COMMISSION The San Dieio County AirlcultuJal Commission was contacted for records pertaining to pesticide usage. No record for use of pesticides or non-restricted chemical products would appa:rently be available for review. It should be noted that these teCOrds arc typically kept . . only for two or three years, and therefore. would not be applicable to the projcc:t site. MAR~09-96 10.16 FROM.SO CAL IL TESTING ID.619 2f 1"717 PAGE 19/23 SCS&T 9613010 March 9, 1996 Page No. 14 SAN DIEGO GAS AND ELECTRIC' No tranSformers were observed at the site and no stains or other features indicative of significant contamination were observed. Previous conversations with SDG&B indicate no probable record of site PCB contamination. SDG&B has indiMltrrl that individual te$Ung of ~y tnnsformetS would usually be requ~ to detennine whether PCBs are pxesent wilhiit the uansformetS. It is their opinion that the probability of the ~M SI' "C'" of PCBs is ~tfmcany very low. It is also our understaDding that in the .m1ibty occunence of site contamination as the result of PCB contamination, it would be the ICSpOnsibility and liability of SDG&E. REGIONAL WILDCAT MAP A review of the Regional Wildcat Map for wells driUcd for oiVps in San Diego Co1.lIlty did not indicate any wells listed in the immediate vicinity of the subject site. SANBORN FIRE INSURANCE MAPS The Sanborn Fire Insurance Maps were reviewed at the City of San Diego Library in an attempt to help detennine whether the site or adjacent property was identified as having undeJiround fuel tanks or being used for industrial putpOses: .' CONCLUSIONS SCS&T has perl'ormed a Phase I Environmental Site Assessment (ESA) of the subject site. SCS&T has endeavored to perl'orm this Phase I ESA in substantial conformance with the MAR-08-86 10.18 FROM.50 CAt.' It. TE5T1NG lD.B18 26'" ~717 PAGE 18/23 SCS&T 9613010 l March 9, 1996 Page No. 15 scope and limitations of ASTM Standard E 1527-93. Based on our agreed.upon scope of services, the following conclusions are presented. 1) The site appears to have been used for agricultural and commercial purposes since at least 1953. These uses have included ~ouses, storage, and trucking. 2) A site reconnaissance revealed the presence of featureS indicative of surficial and possible subsurface contamination at the site. These features include surface staining, the presence of petroleum products, and subsurface fuel ston.ge tanks. There is no indication . that the degree of sutficial contarninalion and possible subsutface contamination ~ceeds that expected for sites that support commercial operations such as at the subject site. 3) A review of governmental agency lists and records indicates: a) Records indicate a listing of one cunent 12,OOO-ga11on underground storage tanlcs for the subject site; a lOOQ-gallon unleaded fuel tank previously was present at the site but was apparently removed in the late 1980$. b) Records indicate the presence of on.site businesses and close proximity businesses which are identified as using, storing, generating, or disposing of hUardous materials. The current trucking operation apparently disposes of waste oil and mixed oil, de&teasing sludge, and used oil filters. At this time, there is ..no indie&:bon that, other than the l000-gallo~ ~ that has been removed, these ." sourCes have significantly'adversely impacWf the subject site. Based.on the distance to the clo~pIOximity sites, the stratigraphic conditions, drainage , gradients and elevations, the probability of on-site contamination from these off- site sources should be considered to be low to moderate. OvCl:alI, the adjacent . (l-mile.radius) businesses should be considered similar to other commercial use areas and this risk is considered nonna!. HAR-eS-S& 18.gG FROM-SD CAL SOIL TSBTINC IDISIS 2SB 4717 PAC. a0/23 SCSckT 9613010 March 9, 1996 Page No. 16 It should be noted that the above summaries are based solely upon a review of available ret:Ords and a limi~ site reconnaissance. It must be ret:Ognized that a prelimilW)l site assessment (ESA) is not a comprehensive site invcitiption. An E$A solely conveys an opinion of the site's potential for- being contaminated by huardous materials. ESAs are not performed to ascertain that a site is n-H"'rily free Df contamination. The limited preliminary natun: and scope of this report precludes any definite determination of the possible extent of site contamination. At this time, based upon our limi~ investigation, the potential for site contamination appears to be limited to that described within this report. However, it should be no~ that then: is always the possibility of conwniniWon from unknown or undc=ted sources which may unknowingly contribute to site contamination. : MAR-0B-BS 10.20 FROM.SO CAL SOIL TESTING ID.BI8 280 4717 PAGE 21/23 SCS&T 9613010 l March 9, 1996 Page No. 17 LIMITATIONS TIME LIMITATIONS Thc findings of this report are valid as of this date. Changes in the condition of a property can, however, occur with the p"s~ge of time. whelher they be duc to nawral proces~~ or the work of man on this or adjacent propenies. In addition, changes in thc Standards-of-Practice and/or Government Codes may occur. Due to such changes, the findings of this report may be invalidated wholly or in part by changes beyond om control. Therefore, this report should not be relied upon after a period of two years without a review by us verifying the suitability of the conclusions and recommendations. PROFESSIONAL STANDARD In the performance of our professional services, we comply with lhallevel of care and skill ordinarily exercised by members of our profession cunently practicing under similar conditions and in the same locality. The client recognizes that conditions often change and that our conclusions are based on obServations and available information. We shall not be responsib1c for conditions or consequences arising from relevant facts of information either incorrect, concealed, withheld, or not fully disclosed from other SOUICe$. Our services consist of professional consultation and observation only, and no wananty of any kind whatsoever, express or implied, is made or intended in connection with the work performed ~r to be performed by us, or bY' our ProPosal for Consulting or Oth~ se:m~, or by our furoishing of oral or written tep01'tS or findings. MAR-~8-88 10.21 FROM.SO CAL SOIL TESTING . . 10.618 2e),0 4717 I PAGE 22/23 SCS&.T 9613010 March 9, 1996 Page No. 18 REFERENCES Aerial Graphics, Aerial Foto-Map Book, S~ Diego County, 1982, 1984-85, 1986-87, Sheet G-17, Scale: 1 inch = 2000 feet (approximate). BBL, 1995, Environmental Rec:oId S~h for the Mace Street Project, 187 Mace Street, ChuIa Vista, California, dated February 21, 1996 (contains list of sources used). California Department of Conservation, 1989, Regional Wildcat Map Lenska Aerial Images, 1994, The Thomas Guide, Commercial Edition, Page1330, Scale: 1 inch = 2000 feet (approximate) San Diego County, 1958, 200-ScaIe Map, Sheet 154-1749. San Diego County, 1972, 200-ScaIe Map, Sheet 154-1749. San Diego County, 1928, Aerial Photograph xxx San Diego County, 1970, Aerial Photographs 10-4 &. 10-5 San Diego County, 1973, Aerial Photographs 21-5 &. 21-6 Sail Diego County, 1978, Aerial Photographs 27C-24 &. 25. San Diego County, 1983, Aerial Photographs 567 &. 568 San Diego County, 1989, Aerial Photograph 34-189 &. 34-191 San Dieio Gas and Electric, Environmental Department ID,BIB 2BIII '1717 PACE 23/23 MAR7~B-SB 1111.21 FROH.SO CAL I'~'~L TESTINC ,. SCS&T 9613010 l ,--' Page No. 19 March 9, 1996 Southern California Soil & Testing, Inc., 1991, Report of Preliminary Environmental Site Assessment, Pacific Non-Fen:o\I$ Recycling, 199 1/2 Mace Street, Chula Vista, California, Project No. 9113017, dated November 5, 1991. U.S. Department of Agriculture, 1953, Aerial Photographs, AXN-3M-43 & 44 u.s. Geological Survey, 1904, 15 Minute Topographic Maps, San Diego Quadrangle u.S. Geological Survey, 1953,7 1/2 Minute Topographic Maps, San Ysidro Quadrangle u.S. Geological Survey, 1967,71/2 Minute Topographic Maps, Imperial Beach Quadrangle : Attachment 2 Commission and Draft Redevelopment Agency Resolutions RESOLUTION NO. SUPS-95-02 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA DENY A SPECIAL USE PERMIT REQUEST FOR A MUNICIPAL SOLID WASTE TRANSFER STATION AND MATERIALS RECOVERY FACILITY AT 187 MACE STREET WHEREAS, a duly verified application for a special use permit was filed with the City of Chula Vista Planning Department on November 18, 1994 by Mr. Mark Watton on behalf of Mace Street Transfer Station, Inc. (formerly Sky Trucking) ("Applicant"); and WHEREAS, said application requests approval of a special use permit to construct and operate a municipal solid waste transfer station and materials recovery facility ("Project") in the IL-P Zoning District at 187 Mace Street ("Project Site"); and WHEREAS. the Planning Commission set the time and place for a hearing on said special use permit application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 1,000 feet of the exterior boundaries of the property at least 20 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely August 14, 1996 at 7:00 p,m, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter continued to August 28, 1996; and WHEREAS, the hearing was reopened on August 28, 1996 where the Planning Commission took additional public testimony and then closed the public hearing, NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby recommends denial of the project in accordance with the attached Draft Redevelopment Agency Resolution and the findings contained therein. That a copy of this resolution be transmitted to the applicant and the Redevelopment Agency. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this day 28th day of August 1996 by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: Frank Tarantino, Chair Nancy Ripley, Secretary (m:\home\planning\martin\macest\9502pc. res) RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA DENYING A SPECIAL USE PERMIT FOR A MUNICIPAL SOLID WASTE TRANSFER STATION AND MATERIALS RECOVERY FACILITY AT 187 MACE STREET 1. RECITALS A. Project Site WHEREAS, the parcel which is the subject matter of this resolution is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, and commonly known as 187 Mace Street ("Project Site"); and, B. Project Applicant WHEREAS, a duly verified application for a special use pennit was filed with the City of Chula Vista Planning Department on November 18, 1994 by Mr. Mark Watton on behalf of Mace Street Transfer Station, Inc. (formerly Sky Trucking) ("Applicant"); and C. Project Description; Application for Special Use Pennit WHEREAS. said application requested approval of a special use permit to construct and operate a municipal solid waste transfer station and materials recovery facility ("Project") in the IL-P Zoning District at Project Site; and D. Planning Commission Record on Application WHEREAS, the Planning Commission open the advertised public hearing on August 14, 1996 and continued it to August 28, 1996 after taking testimony from those present on the basis that they may not be able to attend the August 28, 1996 continued hearing; and WHEREAS, the Planning Commission reopened the advertised public hearing on the Project on August 28, 1996, took additional public testimony and then closed the public hearing after which they voted _'_ to recommend that the Redevelopment Agency deny the Project in accordance with Planning Commission Resolution SUPS-95-02; and, (m:\homc\planning\martin\macest\9502ra.res) Resolution No. Page #2 E. Notice of Public Hearing WHEREAS, the Redevelopment Agency set the time and place for a hearing on said special use permit application and notice of said hearing, together with its purpose. was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 1,000 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and F, Place of Public Hearing WHEREAS, the hearing was held at the time and place as advertised, namely September 17, 1996 at 6:00 p.m. in the Council Chambers. 276 Fourth Avenue, before the Redevelopment Agency and said hearing was thereafter closed. NOW, THEREFORE BE IT RESOLVED that the Redevelopment Agency does hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearing on this project held on August 28, 1996 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. NOW, THEREFORE. BE IT RESOLVED THAT THE REDEVELOPMENT AGENCY hereby DENIES the special use permit based on the following findings and all other reports, evidence and testimony presented with respect to the proposed use. IV, SPECIAL USE PERMIT FINDINGS The following findings are required by the Southwest Redevelopment Plan which governs the issuance of special use permits. The Redevelopment Agency of the City of Chula Vista is unable to make findings in support of the Project as required by the City's rules and regulations for the issuance of special use permits. as hereinbelow set forth, and sets forth, instead, the evidentiary basis denial of the proposed Project: 1, That the proposed use at the location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The Redevelopment Agency hereby finds that whereas a trash transfer facility sited at an appropriate location would provide a desirable service for the community, this proposal would duplicate services already provided by the Otay Landfill and will duplicate the project approved pursuant to SUPO-96-0l, thus (m:\homc\planning\martin\maccst\9502ra. res) Resolution No. Page #3 rendering it redundant and not needed by the Montgomery Community. In addition, approval of the Project would introduce trash truck traffic onto the main thoroughfare serving the Montgomery Community, an undesirable characteristic of the proposed land use. These factors are contrary to established policy and sound planning principles, and are likely to have an adverse impact on the Montgomery Community's character and general well being. 2. That such use will not under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The Redevelopment Agency hereby finds that the of the use and its incompatibility with adjacent uses. including the introduction of trash truck traffic into the area and through the Montgomery Community, the proximity of residential areas approximately 650 feet from the site, and the potential for negative impacts related to noise and odors from a trash transfer operation, and the negative impact on community character if the Project were approved would be detrimental to the general welfare to property, improvements and the populace in the area, 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The Redevelopment Agency hereby finds that the proposed use is an Unclassified Use pursuant to Chapter 19.54. but that said proposed use will not comply with Chapter 19.54 of the Zoning Ordinance in that such use is not compatible with the type of uses permitted in surrounding areas, and that there are no specific regulations or conditions outlined for this use which are applicable. Notwithstanding this fact, it may be possible for subject use to comply with performance standards except that the Redevelopment Agency hereby finds that this is not an adequate basis for approval of this Project as the other issues argue against approvaL 4. That the granting of this special use permit will not adversely affect the general plan of the City or the adopted plan of any government agency. The granting of SUPS-95-02 would have an adverse affect on the General Plan, the Montgomery Specific Plan, and the Southwest Redevelopment Plan in that the proposed use does not implement the goals, objectives, policies and suggestions, nor is it consistent with the criteria specified in said plans. Such adverse impacts are more specifically set forth in the staff report presented on this matter, which such report is incorporated herein in support of this finding. (m:\home\p!anning\martin\macest\9502ra. res) Resolution No. Page #4 THIS RESOLUTION OF DENIAL IS HEREBY PASSED AND APPROVED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA. CALIFORNIA, THIS 3RD DAY OF SEPTEMBER 1996. Presented by Approved as to fonn by Robert A. Leiter Director of Planning Ann Moore Acting City Attorney (m:\home\planning\rnartin\macest\9502ra. res) Attachment 3 Disclosure Statement THE ~ _ (OF CHUlA VISTA DISCLOSURE S,. _. 'EMENT You are required to file a Slalemenl of Disclosure of certain ownership or financial interests. payments, or campaign contrihutions. on all mailers which will require discretionary aetion on the part of the City Couneil. Planning Commission. and all other offieial bodies. The following information must be disclosed: 1. Ust the names of all persons having a financial intere... in the property which is the suhject of the application or the contract. e.g.. owner. applicant. contractor. subcontractor. material supplier. ,.;1,. 2. If any person' identified pursuant 10 (I) above is a corporation or partnership. Ii... the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. \10'1111 Cq(l-/.-/v'i.::r ~Al'ld~ t.-r,tA.-/,.,:-e..y I 3. If any person' identified pursuant to (I) above is non-profit organization or a trust. list the names of any person serving as director of the non-profit organization or as trustee or benenciary or IrUSIOr of the trust. NII'I . 4. Have you had more than S250 worth of bu.~incs.~ transacted with any me~er of the City staff. Boards, Commissions. Commillees. and Council within the pasl Iwelve months? Yes_ No,L=- If yes. please inllicate person(s): 5. Please identify each and every person, including any agents, employees, consultanls. or Independent contractors who you have assigned to represent you before the City in this mailer. ;Jh~ ~'77V1II - t!.aV~<-7>tN_ 6. Have you and/or your officcrs or agenls, in the aggregate, contributed more than SI,OOO to a Councilmember in the current or preceding election period? Yes_ No~ If yes, stale which Councilmember(s): , , , (NOTE: Signature 0 co or/applicant ,[;'i,v C01(.,t.1-.)~~"" . Print or type name of contractor/applicant Date: 11- W ~ j'Pj' . f!!!!!!! is deftlled as: "AllY ;",Ii,,;dua~ finn. cO-f'lJrt1lmllip, joiN muun, u.s.frJCitJlinfl. wci41 club, frolcma/ orgall;zotiml, corporation, tskJlt, trwt, reaiVf:f, l)'fuliCdlt, this DIu! OIlY other COUIU)'. cUy QluJ COU/ltry, ci/y mUflicipa/ity, distriCf. or OIlier political subdivWOII, eN allY OIlier ~p or combillat;oll acting tIS . waiL" Exhibit 1 Locator Map and Site Plan , ~ D:JIDJIJ I I MAIN STREET Ii .... m w u < :E PROJECT LOCATION - CHULA VISTA PLANNING DEPARTMENT LOCATOR ~~~, Mace St. Transfer Station PROJECT DESCRlPl1ON, C) SPECIAL USE PERMIT PROJECT 187 Mace Street Request: A privately operated municipal solid ADORESS, waste transfer and materials recovery faciliiy SCALE, FILE NUMBER, in the IlP zone. NORTH No Scale SUPS-95-02 Related case: 15-95- 14 '........,....i."'~..-...I_i.. ?N1 'NOI1V19 ~V1!Ill3:nllC; ~ """'.....,...."" --... ~ '.0 --- , < j 11 \ \ I ~ SNOIl ?3S n._ t ~" I ! I , , ! i , 1 II Ii \ l=~ i'H1 .. ! u_ , r 3 I . "".L~ -"=:.:r-z_= ~ t> If' ~ ~.1.tfIt'.1."1'19CJ "1't'J."GI-NO~WG ,~~; I S~EEjNlgN~ S::>S., .. ; I! 1 ! I , , ! i ,L ! I I "e ,~ I, I I ! " r 3 I l- n: <: u Exhibit 2 Operational Profile ATTAtVf,. NT I \ ses ENGINEERS - FACILITY DESCRIPTION SKY TRUCKING COMPANY CHULA VISTA TRANSFER STATION SITE DESCRIPTION This 4.72:t acre facility site is located in south San Diego County at 187 Mace Street in the City of Chula Vista. The "L-shaped" site is accessed from Mace Street which dead ends approximately 750 ft. south of the facility entrance. The site is zoned I.L, Limited Industrial. which is consistent with the surrounding property uses. Currently, the site is being used as a trucking terminal. Existing facilities include three small.frame office structures adjacent to Mace Street and a large metal warehouse building to the east of the frame buildings. The latter has an adjacent depressed loading dock. Other facilities include a fuel island and a truck scale. The existing facilities are to be left in place with the exception of the fuel island and the most southerly frame structure which interfere with the proposed access to the new facility. TRANSFER BUILDING DESCRIPTION ' The proposed transfer building will measure 230 ft in the east-west direction and 160 ft in the north.south direction (36,800 sq ft). The building will be primarily of pre'engineered metal construction with reinforced concrete walls along a portion of the north and south elevations. The eave heights will be approximately 33 ft and the ridge will be approxi. . mately 40 ft above grade. There will be two depressed loading pits (pit floor 7'.6" below finish floor); one each on the west and east sides of the building accessed by ramps from the north side of the building. The pits will be separated by a ,200 ft wide grade level tipping floor. A 9.ft high reinforced concrete push wall will separate the tipping floor from the loading pits. @ 1 ~, ses ENGINEERS - The remaining, non-recoverable material will be loaded into large volume (100:t cu yd capacity) transfer Jrailers and shipped to a facility-designated landfill. Thesa transfer vahiclas will enter tha facility by way of the Mace Street entrance using tha bypass lane and exit onto Mace Street after stopping at the scales for final weight recordation. , Assuming that a single 950F front'end loader can load one transfer vehicle (17.5:t ton capacity) every 15 minutes, the facility capacity, using two loading pits, and operating at 90,percent efficiency (i.e., allowing for personnel breaks, incidental work stoppage, etc.) will be approximately 1,260 tons per 10 hour day. ENVIRONMENTAL CONTROLS QJW Dust, if any is created through the transfer operations described below, will be controlled through the use of a manually operated "fine misting" system located above and immedi- ately adjacent to the transfer vehicle loading pits at the east and west sides of the building. The misting system will be operated by facility personnel who will be observing the loading operations at all times. A fine water mist will be released as required to remove any dust particles from the air above the loading areas, but will be controlled such that standing water will not accumulate on the tipping floor. ~ Odors will be controlled through (1) the use of "odor eaters" (i.e., odor counter.reactants) dispersed through the misting system and (2) the mechanical system which will be designed to provide complete air changes every 15 minutes. There are several products available' which, when dispersed through a misting system as noted, will actually eliminate odors as opposed to simply covering them up. The ventilation system will consist of two rows of six roof-mounted, 8,000 cfm exhaust tans located approximetely 20 ft and 60 ft, respectively, trom the south building wall. . @ 3 ( SCS ENGINEERS - Vector. The facility will be swept clean of all trash and debris at the end of each operating day thereby eliminating nesting and hiding places for vectors. In the event that evidence is found of the existence of vectors, professional exterminators, under contract with the . facility operator, will eliminate, them from the facility site pursuant to the requirements of their service agreement. Loose Trash Facility personnel will circulate throughout the entire site on a regular basis picking up loose and blowing trash that may have dropped off of trucks entering or exiting the facility thereby keeping the grounds clean and free of blowing debris. . @ 5 Exhibit 3 Average Daily Traffic Trips Summary TRASH TRANSFER STATION 187 MACE STREET AVERAGE DAILY TRIPS GENERATED July 19, 1996 File No. YS-611 I. EXISTING USE-SKY TRUCKING TRUCK COUNT = 183 ONE-WAY TRIPS/DAY = 366 TWO-WAY TRIPS EMPLOYEE AND PATRONS = 17 X 2 = 34 TWO-WAY TRIPS TOTAL DAILY SKY TRUCKING TRIPS . 400 TWO-WAY TRIPS II. PROPOSED USE - PACIFIC DISPOSAL INC. % CAPACITY (TONS/DAY): 50% (500) 85%(850) 100%(1000) A. TRASH TRUCK TRIPS 8 TONS/TRIP: 63X2 = 126 TRANSFER TRUCK TRIPS 25 TONS/TRIP: 20X2 = 40 107X2 = 214 125X2 = 250 B. 34X2 = 68 40X2 = 80 Expected transfer station plant capacity is 850 tons/day and maximum capacity is 1000 tons/day. The trash trucks can carry up to 12 tons but would average less than 9 tons/trip. The transfer trucks can carry up to 25 tons/trip. Therefore the total two-way daily trips at capacity is: Trash Trucks = 250 two-way trips Transfer Trucks =~ two-way trips TOTAL TRUCK TRIPS = 330 two-way trips C. Employees & patrons in passenger vehicles and pick-up trucks are expected to generate about 70 two-way trips. TOTAL PROJECT DAILY TRIPS AT CAPACITY: 330 + 70 . 400 TWO-WAY TRIPS The total number of trips for this project at 100% facility capacity (1000 tons/day) is the same number of trips as Sky Trucking's vehicular trips. The number of heavy truck trips from Sky Trucking (366) versus the proposed project's at the anticipated daily work rate of 850 tons/day (214 + 68 = 282) represents a heavy. vehicle net reduction of 84 trips (23%). The comparative heavy vehicle reduction at full capacity is 36 trips (10%). (H:IHOMEIENGINEERITRAFFICIMACEADT.FXR) Exhibit 4 Correspondence F: ~~ .~~ ~- ," >' -~ .~ July 8, 1996 Case No: SUPS-95-02/IS-95-14 187 Mace Street Chula Vista,Ca 91911 "'I 0 " '..) ~ _..J 1 ~;~t~ 'oJ ""~, p! t,:\I'., '-'" ;..., II',; 'I!";\.~ To: Martin Miller Associate Planner, Planning Dep. Public Services Building 276 Fourth Ave Chula Vista, Ca 91910 Dear Mr. Miller This letter is in response to the notice received, dated June 10, 1996, regarding a special use permit for 187 Mace Street for a trash transfer station. The concerns that we would like to address are as followed. #1. As the proposing states approximately 156 trips per day of trash trucks will transfer their loads. This breaks down to approximately to one truck per every 3.7 minutes, using a an eight hour day. The average trash truck takes from 12 to 15 minutes to unload its load at the County Dump located in Chula Vista, causing a back-up of several trucks at the dump site, the fear is that this will cause a buck-up on Mace Street causing a blockage on a public street of trucks awaiting their turn to unload and of the blocking of driveways to other business in the area. #2. The additional trash that often fly off of loaded, and overloaded trucks that use the Mace Street, who will be responsible for the trash scattered along the street per day. The trucks also drip liquid from the loads that are compressed, the liquid is a mix of every thing you can think of and also dripped allover the road. Where is the waste liquid from the site after the load is dumped going, the sewer, or in the ground. #3. What kind of odor control will there be. With 1,000 tons of trash per day, and 156 trucks driving up and down the street spreading it around the area. It will smell like the County Dump. What will it do to surrounding property values. #4. What about pest control, flies, gnats, roaches, mice, rats and the animals that feed on them, birds, snakes and other pests. #5. This area on Mace Street is a mixture of both commercially and residents with young children. Rogelioy & Virginia Oropeza 135 Mace Street Chula Vista Ca 91911 ~ Wesley & Jennifer Breedlove 1653 Sombrero Way San Diego, Ca 92154 Business OWners 163 e re {,t;L~ 4. . Sam & Gloria Perry 163 Mace Street _~:x/~l Evelyn Breedlove 465 Parkway Chula Vista, Ca 91910 Property OWner 163 Mace Street g~ Ricardo & Catalina Mariscal 125 Mace Street Chula Vista, Ca 91911 ~pcvut /J-1~ ~~ KROEGER FAMILY PROPERTIES MACE INDUSTRIAL CENTER 3691 Via Mercado, Suite 16, La Mesa, CA 91941 (619) 660-1952, FAX 660-6142 July 8, 1996 R::CJ:"IVEO .J1JL. 1 '~i 13~ City ofChula Vista Planning Department Martin Miller 276 Fourth Avenue Chula Vista, CA 91910 PI ^ '--",.1" _1-:) J '.I... ~,) RE: Case No. SUPS-95-02/IS-95-14, Special Use Permit site address-187 Mace St. Dear Sirs: I am writing to you concerning the "Notice of Public Hearing" I've received on the above referenced site. Previously, on December 27, 1994, we received a "Notice of Initial Study" for the same proposed facility. At that time I wrote a letter to Douglas D. Reid, Environmental Review Coordinator listing concerns we had for this type of use in an incorporated area, And frankly, I am surprised that the Environmental Review Coordinator finds no significant environmental impacts. Unfortunately, the impact this type of facility would have on the community where the proposed site is located is significant. This proposed site is in a Light Industrial Zone. There are industrial buildings on this street, and also some residential. Our building is located at 170/180 Mace Street across the street from the proposed waste transfer site. We have approximately 70 tenants in our building, also a caretaker who lives On Site. We maintain a "Hands On" approach to our building, and in fact, do all our own Property Management. We strive to keep our property clean and in good repair. Our tenant concerns are of utmost importance to us, Some of our tenants work up to 18 hour days to keep their business going in today's economy. In effect, our tenants are "on-site" more than "off-site". It is very important for them to maintain peaceful occupancy, and a safe and healthy environment to work in. It is our believe, and our tenants', that if this waste/transfer station is allowed, that their environment would be compromised. We have had some experience with a similar type of business, as is being proposed. The property adjacent to ours is owned by H.G. Fenton, and is currently leased to Pacific Disposal, this property is under a C.U.P. The use of this property is for the storage of roll off containers, and vehicles, which is allowed under the C.U.P. What is not stated under the C.U.P. is the "Odor" and Noise Level" of the roll off containers and trucks. Even though the containers are empty, the residue left in them gives off an offensive odor, and flies and other insects are attracted by this residue. Our tenants have become inundated by the flies and odors, and have expressed concern for their health. If this is occurring from the left-over residue, what willI ,000 tons of actual waste per day cause? What are the restrictions for the time allowance after the waste has been dumped out and is waiting to be sorted? In addition, the noise from the trucks revving engines to lift the roll off containers becomes unbearable. In addition, trucks always need repair and maintenance, which is not allowed under Light Industrial Zoning. F\ Q V\ V\ I h ~ C b /lV1 vy\ I 55 I D V\ Clt\1 0..(" Clu\iA UI<;tlt) (A~QJ f /'/96 ~ O~\ -l~t~ r\ro(fos'<.L 6\0'\. --(~<SL " S,L d WCLS-J-~ -tyu,,1A. Sr~ Y 0V'\d , :-,: c-fV\ ~--l~v- \ C( L ~ e CD c) e y \ -tct c'\ \ i \ ~ ;';; ~ltJ 1,^~1 L-r ZOV\~ . ~ =0-C(S~ ~ Sup '15-0d-, /! S Cj'q _/LI W -e.. -l \,,, .Q. 'f -e S II}. Q. V\. ~ ~ 0.. y- 0 U " d -ChIS pr-o.2)"2.ci $\~€... . aciJrd> OcR-€.- ctJ~~~ ~~~:~'" HOf"s-qL IOj l(r/lUlVV'. Gv,inelly 6aChtCi ? ,..)... . ',..-z:-' v 3331 o:lv~=-/t1CIf i-;.:ec ' ~ J3)t d,;,c. d 1cV IMJ"- LI":'J-U< ~, ~;- 3 J ~ !1-LDC A $' c. ~ g:f<J1fl~l.d fl/24M:aJ o340-A\(ecusl- ci {[)lC)t1 €~lAVef, 3335 A\'V0CO ~+. tv (ja!ld~!1~~ _ 1 333/ a~^---".;:z+ !tf; 7~~ 33~3 f}tuoca ~-f ~ lih e&d.~, tiMIJt.1~ '?7)1t"/ II(V~q ~r ~V,:/ 7?[~ ~~ i I I ' i ' P.O. Box 3066 Chula Vista, Ca 91909 August 5, 1996 '-. Martin Miller Planning Dppt. 276 Fourth Ave. Chula Vista, Ca 91910 ! "~ . 'J (J '. ... . !3.~i.: p' ,. L''iiv'" lylJ, Dear Mr. Miller; I wish to express to you my strong opposition to the proposed recycling plant on Mace Street. I own eight houses in Broderick's Otay Acres which is located to the east and down wind of the proposed plant. These houses are all tenant occupied with young families for the most part. We are concerned about the dust and traffic hazards that will be generated by the stream of trash trucks that will be using Main Street. There is no safe way to move that much garbage so close to residences. Such a plant should be located near the dump or in the dump, and not so close to where people live and breathe. I own the houses at 150-154-156-158 Date St. which are almost directly downwind from the plant. I also own the houses at 371-375 Palm Ave., and the houses at 1845-1851 Rios Ave. Thank you, r~ I t>--- ~------ Charles B. Tutton (619) 420-7080 AU9.12'96 9:07 FRF' ' ITA PAYEA FAX '4277151 P. 2 ;;L of ;z. P O'T ~ IF' A- (. <. 0 (.,) e'";;> I AJ ,It tz. Gf:" ,'"'be-,(J""I A '- IJ e 16-11 'ao;i. ~ O"J:;;, () (L, ~l..b (...I 6"'0""7-(;) -Pfttl-i:; I JJ ElttL (J N l3. (6~t.Jt:"c AJ -n I.lfL!-flh."JE 1't?J?:J h A IN S7'"1r-erz",-r: --" Ve-t?-J.> ,c;.HI 0 12- e;1) tne) , YO,^,- I-/-,q.,; E A- "bA-AJ'~()CLS e)<. P'-o 'S( V c: '5" I fZ.<. A It ~,J .tJfllTI N c;.. ;--D fI.,. P P e-.-J -P(..i.,/T (,.J G- (/ IA fl- I-J-H4 ~ l..u .::r E- p.c..o 1> y;, /"J 0 c.c... '-- J:> It P P fiZ E. c , IT- '7??:' yo fA. If- A..,.,.-c ,(.)'77'0 ~ -rz> IH IS' hilI' iE~ . .::3A..J9...<J.L j:J?- f- 1'- If I ;4,,,,, r-o f' l::Ie, C!-ht. ,-14' V;5'(;q C,f-<.i=' , , 9 ~ 911 - ~-~ 0 y ec'. ~~cd.- ..~:--~~~~V';-..-..__......" ~UG-22-96 THU 10:02 ~M B~D~INC. 619 766 4922 p.02 II D(ln'" 7hl1l7 ""1" ....+e,. " August 21, 1996 VIA FAX &: CERTIFIED MAIL Martin Miller, Associate Planner Planning Dept., Public Services Bldg. Chula Vista Civic Center 276 Fourth Avenue Chula Vista, CA 91910 RE: CASE NO. SUPS-95-0ZlIS-95-14 MACE STREET TRANSFER STATION PLEASE READ THIS LETTER INTO THE RECORD AT THE BEARING Dear Mr. Miller, On advice ftom our attorney, to protect our legal position, our citizens' group is sending this letter stating our position for Ihe record. We strongly oppose the Mitigated Negative Declaration finding of no significant environmental impacts ftom the proposed trash transfer station to be located at 187 Mace Street. Out objection is due to the very real potential for waste to be hauled fiom Mace Street to Ihe proposed Campo Landfill, on the Campo Indian Reservation. This action win put al risk the Campo/Cottonwood Creek Sole Source Aquifer, Our federally designated aquifer is the only supply of water for the Nral communities (people CltId livestoc/c) surrounding the Campo Reservation. We have been fighting this landfill, and the threat it poses to our water supply, since 1989, Attached, is a copy of a letter ftom Pacific Disposal, Inc" to Mayor Tim Nader, dated September 13, 1994. The letter, signed by Jorge HoUand, President of Pacific Disposal, Inc., discusses the site at 187 Mace Street, the fact that they are funding it and they ha~ a contract with Mid.American Waste Systems, Inc. for disposal at their Campo landfill. On August 2, 1995, I sat in a courtroom downtown and listened as Jorge Holland pleaded guilty to insurance fraud, was ordered to pay $lS,ooO, given 120 days in custody of the Sheriff' and 3 years probation. This is not the kind of person we want associated with such a controversiallandfiU in our midst. We are aware that Pacific Disposal was purchased by SanifiJI which has since merged with USA Waste, one of the most aggressive companies around. But, it is still a concern to us that Jorge Holland is somehow involved in the Mace Street tiacility. EapeciaIIy with the continued involvement of Mr. Mark Watton who must be a close fiiend as he sat in the courtroom with Holland when he pleaded guilty to insurance bud. DONNA TISDALE P.O. BOX 1275 BOULEVARD, CA 91905 (6191766-4170. FAX: (619) 766-4922 DIANE RICHARDS 1783 BUCKMAN SPRINGS RD. CAMPO, CA 91906 (619) 478-9195 AUG-22-96 _ T"~"U J 6; 63 AM BAD ~ I HC. " 6019 711::>60 492~ P.04 ~.... PACIFIC DISPOSAL, INC. 1991/2 Mace Streel Chula Vista, CA 92011 (619) 221.8060 Fax: (619) 476.0768 Mr. Tim Nader. Mayor City of Chula Vista Chula Vista. Ca. 91910 September 13. ) 994 Mr. Mayor . We at Padfle Disposal. Inc. thank you for the opportunity to present to the City Council our proposed transfer station plans. 1. Site . . We have IQ(,lIted a site lit 187 Mace Strc-c:t in the City ,of ChuJa Vlsla. This site is in nil industrial area encompa~sing 4.75 acres. 2. Facility The facility will 40.000.sC) fl. in size under roo(.,,;th room. for expansion for a MRF Slnlian. This radlity \\i)( hnve the capadl~' to hnndle 300,000 tOilS per year. 3. Funding Pacific DisposnI. Inc. is fully funded for the completion of this project. 4. Dump Sites . We have a CQntract with Mid,American Waste SYSlems for their Campo. Ca. I:mdflll and have an agreement \\ith Southwest Disposal for 1000 tons per day al their Somerton Az. landfill. 5. Pricing We believe' we can Rchieve R lipping' fee for the City of ChuIa Vista's WilSle of 542.50 per ton all inclusive. This fee is based on both Mid.AI11eric:ln$ Call1po site Rnd Southwest's JandflJl in Arizona. 6. Operational slart.up We project that we" \\illlx- In op~ration 18 months from Ihl' d.~yof approval of land lI't bv Ihe City of Chula Vist:!. AUG-22-96 THU le,e4 AM BAD,lHC. ~ ~ .t i!~_. i t:..'I"\ 'i~J t ',....:-..... .1 ........ . " < ~ V) >- ~ ~ ~ "Q = .. -;; '" &. .!2 "Q o w = ~ .- r) "Q ... V :0 "Q o .. c.. E o .:::: . - ~ ti E " ~ ... ~ ;; E u -.::> .. .. C\ .. C\ ~ ... , ::1 vi ~ ~ ~ ~ is 01) c '- 1:: e. a: 619 766 4922 p.e6 >- c.. o ... .. U Co N ..,. '< .. ..E"'~.!.~'''''' ...J ~" .~... .".. .~... c:. ,;:;IC ..c ....c:-e~....~,,- ....r;...c:!'~..- eeJ"".. -O...eol:&:;~- _EwS ....!~ -..g,-t'.r:. :::...~! .. o:i;'" III_O...;V": -et1"= "-,:"1~':; .S-t~ ;:'::'I:rJ[CI1, 1 f'I!1j::E ";::9-52501 .'W ._ _0- :lite. 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I.EJ I :E Q jtliiti~1 r /~ fI) CI) . Exhibit 5 Extract of the Minutes from the 8/14/96 Planning Commission Meeting Exceq>t from Draft Planninl! Commission Minutes of 8/14/96 ITEM 2. PUBLIC HEARING: SUPS-96-02; REQUEST TO CONSTRUCT AND OPERATE A MUNICIPAL WASTE TRASH TRANSFER AND MATERIAL RECOVERY FACILITY AT 187 MACE STREET - Sky Trucking (Continued from 7-10-96) (To be continued to meeting of August 28, 1996) Mr. Lee infonned the Commissioners that staff was working on the environmental analysis, the Agency meeting had been rescheduled, and staff requested continuation of SUPS-96-02 to the August 28 Planning Commission meeting. He noted that again the public hearing should be opened for those who wanted to speak and could not return on August 28, and then the item should be continued to the meeting of August 28. Chair Tarantino opened the public hearing. He noted that anyone who spoke at that meeting would defer their chance to speak on the 28th. Mike Kelley, 3749 Festival Ct., was opposed to the trash plant. There were already a lot of trucks in the neighborhood. It was less than three blocks from his house; Otay Elementary School nearby, noise, pollution, blocking of streets, U-turns already out of control; 156 more trucks trips daily; if low on fuel, the trucks would go to the nearby gas station to refuel. Thought the trucks were killing their property values. There had been diesel spills from the gas station down to Main Street. Fire Department puts sand on it. A motorcyclist had gotten into the diesel fuel and had an accident. Main Street will be even more dangerous. Frederick G. Payea, Jr., 1641 Hilltop Dr., opposed because plant would be close to residential neighborhood. Why not locate it near the dwnp on Main Street. It would bring odors, vennin, rats, rodents, flies. R. L. Boyd, 1575 Hilltop Dr., reiterated other comments; concerned about diesel fumes; parking across the street; three schools within five block area of plant; children's safety; extremely dangerous; that part of C.V. is being made into a slum with this action; already have two half-way houses in the area. It's enough. Time to change things. Patty Diaz, 231 Date St., concerned that traffic is already bad from Nelson Sloan and Laidlaw; new bus lane in front of their business on Mace; 40 mph traffic on Main; pollution. Ulysses Gonzales, 1605 Hilltop Dr., said that placing the project would be detrimental to the community. There were three schools in the area and there would be more traffic, there had been a shooting on Hilltop in his driveway. Hilltop was very close to main and that traffic would eventually go up Hilltop. He would not want his children walking down any street with trash trucks, etc., that could possibly harm them. He thought it was a bad plan. He thought it should be placed near the dump on Main Street past 1,805. Ana Maldonado, 169 Date St., was concerned about the traffic, speed of traffic, proximity of schools, flies, the water already smells, and the project would not be good for the community. PC Minutes -5- August 14, 1996 Fausto Maldonado, 169 Date St., said he was opposed to this plan. He could see why they were having problems with the environmental plan. The speakers had talked about their concerns with the children. The river could be affected. They had been promised a park behind them. They had seen no evidence of that. The traffic was bad. There should be a stop sign on the exit from Date onto Main, because Main became a hill between Melrose and Hilltop and the trucks and cars go very fast. On Date and Otay Valley Road, there had been dozens of accidents because they don't see the post. That had never been changed. The field was not developed, and could be a two-way road. They did not even have a sidewalk. He was concerned that Otay Elementary School would be too close to the plant. He thought it would be better as a park, or somewhere for the children to play. B. Rosie Bystrak, 24 Tourmaline St., stated that her back yard faced Main Street. They have a problem at night when they hear the semi trucks that honk to warn people they were going through the light because they couldn't stop. She has also heard the screech and bang when someone did not stop. She wanted to know where the trash would come from. where it would go, why must it stop there if it was a transfer. It was in close proximity to their neighborhood. They already have mice and bugs, a sulfur smell when it is humid and hazed. To have a dump site would make it worse. She wanted some explanations. She wanted her neighborhood protected. John Arinas, 375 Date Street, lives east of the site, and said he had not gotten notice until the first of August. He had collected signatures but would bring more to the next meeting. People in the area of Date and Palm were not aware of it. They had questions regarding health, environment, rodents. With the amphitheater, the water park, and the whitewater, he did not think this trash site would not be appropriate. The recycling place made it easier to put this trash place in. He believed the transfer should be east by the trash dump site. If the City wanted this community as promised to them when they annexed to the City in 1986, he believed the City should at least put in their streets, sidewalks, and parks. It seemed like they had to band together to resist the trash site. They had not received any paperwork until the last minute. He was definitely opposed. Sal Lukey, 1636 Jasper Ave., asked if on the 28th she could ask questions and to whom. Chair Tarantino informed her she would have an opportunity to speak during the public hearing, and staff or the applicant could answer her questions. Assistant Planning Director Lee pointed out that Martin Miller was the project planner and anyone who had questions before the 28th could call Martin at 691-5101 and he would try to answer their questions. Or if they needed research that staff could assist on, staff would try to accommodate them. He noted that the staff report would be ready on Thursday, August 22. If anyone would like a copy, they could call Nancy Ripley at the same number and leave a message to get a copy mailed or to pick up a copy. PC Minutes -6- August 14, 1996 Ms. Bystrak returned to the podium to ask if notices had to not have to go to all residents. She made copies and passed the word around. She asked staff to let the people know the distance for mail-out. Mr. Lee said that under State law, the City was obligated to notify within 300 feet of the property boundaries of an application. By City policy, that notification area had been expanded to 1,000 feet on large-scale projects. Assessor parcel numbers were used for verification of ownership and residence. Both are notified in accordance with the assessor's records. In addition, in this case, there was a public forum held in July. The purpose of those forums was to have the applicant propose on a more informal basis to the public and give them a chance to ask questions. City staff are there to inform people of the process that would take place in the notification. Ms. Bystrak said that in the vicinity where this building was to be built, she thought the closest house may be 1,000 feet. Mr. Lee said Date Avenue was approximately 650 feet to the east end of the property. Everyone on Date Avenue should be on the mailing list. Ms. Bystrak said that those north of Main Street would not have gotten any kind of notice. U- Haul had gotten a notice, but anybody else beyond that point would not have gotten any. These were neighbors who lived just behind the area. She was concerned and had passed the word along. Mr. Arinas said that on Date Avenue there were only four houses connected to Date Street, where nobody had gotten notice. There were no houses around Mace. He thought the notification should be changed. Chair Tarantino noted that they could comment at the meeting of August 28. Mr. Maldonado said that regardless of what anybody said regarding the distance, once the plant was there everyone beyond 1,000 feet would know. They couldn't rely on luck to be at the meeting. They had to rely on people's good will to do something right. MSC (Davis/Willett) 5-0 (Ray excused; Tuchscher not yet arrived) to continue the public hearing to August 28, 1996. Exhibit 6 Staff Report for SUPO-96-01 REDEVELOPMENT AGENCY AGENDA STATEMENT Item 8 CVY.J:; Meeting Date 3/19/96 ITEM TiTlE: PUBLIC HEARING: APPLICATION FOR A SPECIAL PERMIT FOR THE ESTABLISHMENT OF A MATERIALS RECOVERY FACllITY/TRASH TRANSFER STATION (MRF/TTS) AT 1855 MAXWELL ROAD WITHIN THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA RESOLUTION Adopting Initial Environmental Study/Negative Declaration IS-95-28, Adopting the Mitigation Monitoring and Reporting Program, Making Findings under the Otay Valley Road Redevelopment Project Area Implementation Plan/Design Manual Addendum, and Approving a Special Land Use Permit for the Establishment of a Materials Recovery Facility/Trash Transfer Station at 1855 Maxwell Road within the Otay Valley Road Redevelopment Project Area REVIEWED BY: RESOLUTION Approving Plans and Entering into an Owner Participation Agreement with John Sexton Sand & Gravel Corporation for the Development of a Materials Recovery Facility/Trash Transfer Station at 1855 Maxwell Road within the Otay Valley Road Redevelopment Project Area Community Development Director l_S . Executive Director ~ '$\" (4/5ths Vote: Yes No XI Council Referral Number: SUBMITTED BY: BACKGROUND: In 1995, the City Council determined it'wanted to explore the feasibility of developing a materials recovery facility/trash transfer station (MRF/TTS) facility within the City in order to reduce trash tipping fees, Staff investigated 14 sites throughout the City. In consideration of locational advantages and site availability, staff and the Council narrowed down the list of properties to three: 1855 Maxwell Road, 894 Energy Way, and 900 Bay Boulevard. The property located at 1855 Maxwell Road was ultimately selected as the most desirable site. The proposed facility will include an 85,600 square foot building on a 10.8 acre site. Trash dumping and sorting activities will take place inside of the building, although some limited activities will take place in the yard area as well. The proposed site is currently owned by R. E. Hazard Contracting Company and is used as a storage yard. The site is located within the Otay Valley Road Redevelopment Project Area and is zoned I-P (General Industrial/Precise Plan). Development of an MRF/TTS facility here will require a Special Land Use permit pursuant to the Otay Valley Road Implementation Plan/Design Manual Addendum and City zoning ordinance. The Redevelopment Plan also requires the developers to enter into an Owner Participation Agreement (OPA) with the Agency in order to proceed with the project. .3-1 Page 2, Item ~.b Meeting Date 03/19/96 RECOMMENDATION: Staff recommends that the Agency: (1) adopt the Initial Environmental Study/Negatlve Declaration IS-95-28; (2) adopt the Mitigation Monitoring and Reporting Program, (3) Mak~ Findings under the Otay Valley Road Redevelopment Project Area Implementation Plan/Design Manual Addendum, (4) approve a S~ialland Use Permit for the development of a MRF/TTS facility at 1855 Maxwell Road; and,~ approve an Owner Participation Agreement with John Sexton Sand & Gravel Corporation for development of a trash transfer facility at 1855 Maxwell Road. BOARDS/COMMISSIONS RECOMMENDATION: The Design Review Committee (DRC) discussed proposed plans for the MRF/TTS on January 29, 1996 and February 12, 1996 (see Minutes, Attachment A). The DRC expressed concerns over the height of the structure, materials, and articulation of the facade and fencing. The DRC again met on March 11, 1995 and approved the project as revised pursuant to six conditions which have been made a part of the Owner Participation Agreement. The Otay Valley Road Project Area Committee considered the proposed facility at their Special Meeting of March 18, 1996. The recommendation(s} of the PAC will be presented orally to the Agency. On Wednesday, February 21, 1996, staff conducted a field trip to Orange County to visit two similar facilities currently in operation. Members of the DRC and PAC were invited to attend. Don Palumbo, of the PAC and two representatives of John Burnham and Company, manager of the industrial park in Design Court, attended the field trip. DISCUSSION: The proposed MRF/TTS facility will be developed on the southerly 10.8 acres of the Hazard site on Maxwell Road (see locator Map, Exhibit 1). The building will include 85,600 square feet with a maximum height of 40 feet., The structure will house offices, a tipping floor, hopper loadout, a materials recovery/sorting belt system, a storage area, shop, loading dock, and product loadout. The grounds will also accommodate scales for weighing incoming and outgoing vehicles, a resident drop-off area, and a yard waste processing area. Hazard will continue to use the remaining 7 acres of their property to the north of the facility for outdoor storage of construction materials. Operations of the MRF/TTS facility include the transporting, weighing, and tipping of refuse by residents and trash collection firms, and the sorting, separation, bailing, loading, and transporting of the sorted refuse materials. The applicant has proposed hours of operation from Monday through Friday, 5:00 a.m. to 11 :00 p.m. and Saturdays from 7:00 a.m. to 11 :00 p.m. As a condition of approval of a Special Permit, staff recommends the following hours of operation: maxwell.ra4 (March 14, 1996 (1:53 pm]) 6 - ,).- Page 3, Item ~h Meeting Date 03/19/96 Monday through Friday 5:00 a.m. to 10:00 p.m. (with no deliveries before 6:30 a.m.) 6:00 a.m. to 10:00 p.m. (with no deliveries before 7:30 a.m.) Saturday and Sunday The recommended hours of operation will preclude the collection of solid waste any earlier than it is currently collected in order not to disturb residents. These hours may be modified by the Zoning Administrator upon request by the operator of the facility based upon operational efficiencies and community compatibility. Special Permit The overall goal of the Redevelopment Plan is the elimination of blight in the project area and the furtherance of the area's orderly growth and economic development. Toward those ends, the MRF/TTS will provide residents and trash hauling firms with competitive rates and a choice of dumping facilities. The facility will assist the City in meeting State mandated AB 939 recycling goals. The MRF/TTS will also reduce the amount of illegal dumping currently taking place in the Otay Valley area by reducing dumping fees and providing more hours of operation including Sundays. The project site and surrounding sites are zoned I-P (General Industrial/Precise Plan). The nearest residential properties are located in Robinhood Point, approximately 2000 feet from the Hazard property. The current zoning category and Redevelopment Plan allow a trash transfer facility as a conditional land use with an I-P zone which requires a Special Permit within the Redevelopment Project Area. An Initial Environmental Study/Negative Declaration IS-95-28 (Attachment B) was prepared for the project which identified a number of environmental impacts that would be potentially significant if mitigation were not imposed. Based on the findings of the Initial Environmental Study, a Mitigated Negative Declaration was prepared. The project will not result in any impacts on the environment that would be considered significant after mitigation is implemented. Environmental resources that were found to be potentially impacted by the project include: geologic resources, water resources, air quality, transportation/circulation, energy, hazards, noise, public services, utilities, aesthetics, and cultural resources. Odor, noise, and transportation/circulation are addressed in the Initial Study, IS-95-28. However, a brief discussion of each issue is presented below. Odor: The collected materials most likely to produce objectionable odors at the facility will be inside the building for a maximum of 48 hours. To ensure as little odor as possible escapes the building, the Applicant is required to install an air discharge system to capture odors. Such a system should eliminate the vast majority of offensive odors from the air. The applicant must also comply with San Diego Air Pollution Control District rules and regulations, including those relating to prohibiting the formation of odor nuisances. maxwell.ra4 (March 14, 199611:53 pm)) .,3-3 Page 4, Item :) t)..<!,p Meeting Date 03/19/96 Noise: It is estimated that the MRF/TTS will generate approximately 435 ADTs more than are currently flowing on Otay Valley Road once it is fully operational. This will result in an imperceptible increase in the noise generation along Otay Valley Road and is not considered a significant noise impact. Noise levels generated by the operation of the MRF/TTS will be from the heavy equipment and large trucks operating on the property. Given this activity, however, the Initial Study has indicated, on page 33, that "operations will be characteristic of industrial operations and will be able to meet the exterior noise performance standards specified in the Zoning Code (i.e., not exceeding 70 to 80 dBA at adjacent property boundaries). , This is due to sound attenuation provided by the structure that will contain the majority of facility operations. Operations should not result in significant adverse noise impacts on adjacent land uses." Sound attenuation includes turning the building such that the structure is at a 90 angle to the southern property line with the southeast corner being approximately 70 feet further away from the southwest corner. The effect is that the eastern elevation is directed more towards the northeast than directly east. In addition, a solid wall is required to be built along the southern property line. Transportation/Circulation: The project will primarily affect three transportation corridors: 1-805, Otay Valley Road, and Maxwell Road. Since the project is located on the route to the Otay landfill, no significant increase is expected in the number of trash trucks that would normally be traveling to the landfill. The main impact will come from semi-tractor/trailers traveling to and from the MRF/TTS. These trucks will be taking trash from the transfer station to less costly landfills located elsewhere in the region and beyond. As stated on page 35 in IS-95-28 "landfill destinations include local, regional, and remote locations throughout greater southern California and Arizona." IS-95-28 lists the number of average daily trips (ADT) at 942 or: 376 collection trucks 218 transfer trailer trucks 38 materials trucks 150 self-haul vehicles 160 emplovee/visitors 942 ADT Since the improvements currently being completed on Otay Valley Road took into account heavy truck traffic to and from the landfill, no improvements are needed along that road. However, improvements will be required on Maxwell Road to bring that street up to standard. This is a Municipal Code requirement and not a mitigation measure. No mitigation measures are required for the transportation/circulation issues. As a result of the public review period on the Initial Study which ran from November 15, 1995 to December 15, 1995, letters of comment were received from the following agencies/organizations: County of San Diego Public Works Department, CalTrans, Sky Trucking, and the California Integrated Waste Management Board. It should be noted that the City is not obligated under CEQA to provide individual responses to comments. But because the Integrated Waste Management Board has significant permitting authority over the project, specific responses to their comments were prepared and are attached to the Initial Study. Staff has carefully reviewed the comments and has determined that none of the issues raised maxweU.ra4 (March .14, '"996 [1 :53 pm]) .3-+ Page 5, Item ~~.;-b Meeting Date 03/19/96 in the comments change any of the conclusions of the Mitigated Negative Declaration with respect to the significance of impacts or the level, of mitigation required. Clarifications provided in the response letter to the Integrated Waste Management Board resolve many of the substantive issues raised in that comment, as well as some of the other comments. It should also be noted that staff has discussed the comments from CalTrans with their staff, explaining the results of the City's analysis. CalTrans staff has agreed that no additional traffic study need be performed for the project. Since the Mitigated Negative Declaration requires mitigations to be imposed on the project, a Mitigation Monitoring and Reporting Program (MMRP) must also be adopted. The MMRP lists the specific measures required to ensure implementation of the mitigation measures listed in the Mitigated Negative Declaration. Staff has concluded that the project at the proposed location is appropriate given the surrounding land uses, proximity to the landfill, the proposed site improvements, and the relatively few adverse environmental impacts from the project. Recommendations The Environmental Review Coordinator has determined that the project required an Initial Study. It is recommended that the Agency review and adopt Mitigated Negative Declaration IS-95-28, as well as the Mitigation Monitoring and Reporting Program (Attachment C). It is also recommended that the Agency make the following findings pursuant to the Redevelopment Plan and approve the request for a Special land Use Permit for the construction and operation of a materials recovery facility and trash transfer station at 1855 Maxwell Road, subject to the conditions contained in the OPA (Attachment D). Findinos: A. The proposed project does not constitute a substantial detriment to the Project Area or adjacent areas in that it is compatible with surrounding uses. B. The proposed project generally promotes the orderly physical and economic development of the Project Area in that it will contribute to the local economy by providing competitive waste disposal facilities and services which should result in user costs savings. In addition, the building will meet design standards comparable to other jndustrial developments along Otay Valley Road, and will put 10 acres of under utilized property in use. C. The proposed project is generally consistent with the townscape/planning and urban design objectives of the Implementation Plan/Design Manual Addendum (see Attachment E), and contributes to the amenity of the Project Area in that the project must implement any requirement related to design, setback, landscaping, exterior structural alterations, etc. as required by the Implementation Plan/Design Manual Addendum to the Otay Valley Road Redevelopment Plan. maxwell.ra4 (March 14, 1996 [1:53 pmJl -3 -5 Page 6, Item 3 a.. ~ Meeting Date 03/19/96 Owner Participation Aoreement The OPA between the Chula Vista Redevelopment Agency and John Sexton Sand & Gravel Corporation is attached (as Attachment D) for review by the Agency. This document, as required by the Redevelopment Plan for all major projects, formally approves the prOposal. Through the OPA, the Developer agrees to: · Include non-discrimination clauses in all leases and/or deeds conveying an interest in the property. · Not to protest formation of a Special Assessment District by the City (Developer can protest amount of assessment). . Maintain the property in first class condition. · Develop the property in accordance with approved plans and conditions. · Operate the property in accordance with authorized land uses. · This Agreement is in effect for the duration of the Otay Valley Road Redevelopment Plan (Year 2023) or until redevelopment of the site occurs. Staff recommends approval the OPA. FISCAL IMPACT: The proposed facility, including machinery, is estimated to be valued at $10 million which will generate $100,000 in tax increment funds to the Agency in the first year of completion. The proposed facility will generate approximately 59 jobs at the beginning of operation with the potential to increase to 100 new job~. It will also help to reduce trash tipping fees by offering comparable and competitive facilities to the County landfill. Under a separate agreement with Sexton, the City has agreed to reimburse the developer for expenses incurred under certain circumstances should the City not go forward with the project. The amount that would be owed Sexton under this agreement through March 30, 1996 is $280,000. This figure includes $190,000 for out-of-pocket expenses and $90,000 for management fees. maxwerr.ra4 (March 14, 1996 (1:53 pm]J ~-~ Exhibit 1: Attachment A: Attachment B.: Attachment C: Attachment D: Attachment E: Attachment F: Attachment G: Attachment H: Page 7, Item 3 tt oJ f:, Meeting Date 03/19/96 Locator Map Minutes - Design Review Committee meetings of 1/29/96 and 2/12/96 Letter from Don Palumbo, Gold Coast Engineering, with Petition from Property Owners Initial Environmental Study/Mitigated Negative Declaration IS-95-28 Response Comment Letters Mitigation Monitoring and Reporting Program Owner Participation Agreement Otay Valley Road Redevelopment Project Area Implementation Plan/Design Manual Addendum, May 1985 Supplemental Noise Data [88\C:\WP51 \AGEt-ICY\RA4S\MRF-TTS.RA41 maxweU.ra4 (March 14, 1996 (1:53 pm]) ,3-7 This page blank. .3 ---? "'I ~ 00 a, o o ~ a. - EXHIBIT I ~ 3= >- (!J a: w z w b z (!J CD W Q XI CoM <( Q) ::!E 5 z.2I 011.. ~ o o -I I- o W -:I o a: Co m 'i! (J) s ~ .....c:z This page blank. ,/) e:;r-;. . . ATTACHMENT "A" MINUTES OF A SPECIAL MEETING OF THE DESIGN REVIEW COMMITTEE Mondav. Januarv 29. 1996 4:30 p.m. Conference Rooms 2 and 3 A. ROLL CALL STAFF PRESENT: Chair Spethman, Vice Chair Rodriguez, Members Duncanson and Kelly. Principal Planner steve Griffin Assistant Planner Ann Pedder-Pease Conservation Coordinator Michael Meacham MEMBERS PRESENT: B. INTRODUCTORY REMARKS Chair Spethman made an opening statement explaining the design review process and the committee's responsibilities. He asked that all speakers sign in and identify themselves verbally for the tape when speaking. C. APPROVAL OF MINUTES MSUC (Spethman-Kelly) (4-0) to approve the minutes of the November 27, 1995 meeting as presented. D. PRESENTATION OF PROJECT 1. DRC-96-20 Chula Vista Materials Recovery Facility 1855 Maxwell Road Materials Recovery Facility & Trash Transfer Station Staff Presentation Assistant Planner Ann Pedder-Pease presented the project which consists of a 76,000 sq. ft. materials recovery facility and trash transfer station along with 7,500 sq. ft. of office space, a yard waste processing area and a variety of outdoor storage and staging areas. Included is parking for 87 cars, including 2 handicapped spaces, a public dropoff area for sorted recYclables and a small, landscaped, outdoor seating area. She pointed out to the committee that the intent concerning the circulation was to bring all the large trucks through the outside perimeter, having most of the trucks leaving on the north side of the site, keeping them separated from the pedestrians, vehicles, and self-haul trucks which would be using the facility as a community resource. Ms. Pedder-Pease added it was really necessary to make this project public friendly. She felt that, while this might be hard to achieve for such a large-scale project, the applicant did an excellent job to make this project human scale. .3 , DESIGN REVIEW COMMITTEE 2 JANUARY 29. 1996 Committee Ouestions of Staff Member Pat Kelly asked about traffic in relation to the landfill. Michael Meacham pointed out that traffic wouldn't be much different than what is going out toward the landfill now, and stated that the size and the expectation of this facility is that, at such a time as the landfill closes, the facility would ultimately have the potential to replace it. Ms. Kelly asked about the use of the facility. Mr. Meacham explained that he would not describe it as more than a recycling facility, but he thinks it is designed to be equally a recovery facility, and feels it compliments the City's programs, which are source separation oriented. Chairman Speth man asked Mr. Meacham if this facility will be adequate to meet future needs. Mr. Meacham stated that the capacity of this facility could easily handle projected growth over the next 20 years. Member Kelly, looking at page 6 of the Environmental Review Study, was concerned about the location of the facility in relation to residential areas and school sites. Mr. Meacham indicated he believes that the State Dept. of Public Resources currently states that a solid waste transfer station or landfUl cannot be within 1,000 ft. of a daycare center, school, human hospital, or residence. Member Kelly was also concerned about the odor the surrounding residents would be subject to. Mr. Meacham pointed out the difference between the old facilities vs. the new facilities; the new facilities are totally enclosed and have a negative air flow. Because of the negative air flow odors are not detectable. Chairman Speth man asked about staging and wondered if there was a study as to what the impact is going to be. Michael Meacham stated that trucks usually spend typically 25-35 minutes in a landfill. At the transfer station the time is typically 15-25 minutes, so therefore time spent in the yard is' shorter than at the landfill. Principal Planner Steve Griffin pointed out that .the trucks waiting outside would be covered or enclosed until they entered the building, and this is a requirement of the operation. David Vladic, representing the applicant, pointed out that six trucks can be serviced at one time and the time that Mr. Meacham pointed out, (15 minutes) is the total time the truck is on the property. Committee Concerns/Ouestions of Ap,plicant Chairman Speth man asked Mr. Vladic if he agreed with staff recommendations. Mr. Vladic told the committee that he agreed with everything they need to do as stated in the staff report. Member Rodriguez was concerned about the circulation, and questioned the entry and loop road. He also asked about the yard waste processing area and questioned the translucent panels used on the building. Mr. Vladic responded by explaining the traffic flow for self-haulers, and transfer trucks. He pointed out that 90% of trucks will go out the north exit. What they were trying to do for safety reasons is to keep the larger Jf DESIGN REVIEW COMMITTEE 3 JANUARY 29. 1996 trucks separated from the smaller vehicles. Mr. Vladic .:xplained that they will have spotters working the site to direct and keep traffic moving in the direction that has been laid out. Mr. Vladic continued and addressed the yard waste processing area. All that would happen in this area is bringing the material in, shredding wood and green waste, making it into smaller volume and loading it into a larger vehicle and taking it off site. In reference to the concerns about building materials, Mr. Vladic pointed out that the main reason they had gone with translucent panels was to cut out direct sun light but preserve natural lighting in the building. He felt it also gives a different look to the building and adds to the elevations of the structure. He also mentioned that the bottom of the building is concrete. Chairman Spethman asked about the ability of the translucent materials to hoid up over time. Mark Ballew, representing the architect, explained that this type of material carries the same guarantee as the metal panels, which is about 20 years. He went over briefly the different colors and textures of the building materials. Member Duncanson expressed concern about the circulation and the landscaping along the west elevation.. Mr. Vladic again explained the entry of vehicles, the drop-off services and the exit flow of traffic. As for the landscaping issue, Mr. Vladic stated there was low growing plant materials in this area. Member Kelly brought up the issue of the west elevation. She felt this elevation was too plain and lacked articulation. Assistant Planner Pedder-Pease pointed out a large landscape node that would incorporate some berming that would be used as a screening method. She also noted that there are a number of mature eucalyptus trees which also provide screening. Chairman Spethman pointed out that the committee should be looking at this building architecturally to stand on its own, not to look to camouflage it with landscaping. Member Rodriguez asked why a more solid, permanent building material wasn't chosen for a building that is planned to stay for a number of years, and asked whether the material fit in with the surrounding area. Mr. Vladic indicated that he felt that the material is compatible with the surrounding buildings and that for a metal building, it is attractive. Chairman Spethman asked if the applicant was asking for a deviation from the current Design Manual. Principal Planner Steve Griffin addressed the committee, noting that a few years ago, the issue of the aesthetics of metal buildings was brought up. It was decided at that time it is possible to build a metal building that looks as good as any non- prefabricated building. Mr. Griffin stated that simply the fact that this building is metal should not necessarily lead the committee to reject the concept altogether. Mr. Griffin also pointed out that staff usually doesn't want to simply screen a building or accept less architecture just because then can screen with landscaping. He stated that in this case, the screening was for not only a building but a service yard area. If there were normal landscape treatment there, you would be seeing a lot of the truck activity which would detract from the overall appearance. Mr. Griffin felt that in this case, the use of a screening element up front would conc:eal the activity up to a certain height. He S DESIGN REVIEW COMMITTEE 4 JANUARY 29. 1996 indicated there js 40 ft. of landscaping that could be treated in any fashion. Mr. Griffin also pointed out that staff is requiring a 6 ft. high decorative wall along the south property line. Mr. Vladic indicated that he would be more than willing to work with staff in reference to the west elevation and the landscape along Maxwell Road. Member Kelly asked if there were any roof top equipment. Mr. Vladic stated that the only thing that will be on the roof is ventilators, and skylights which are flush with the building roof. Public InDut Don Palumbo of Gold Coast Engineering stated that he filed a protest letter today, along with a petition from property owners in the area opposing the project. Mr. Palumbo and his partner own the property to the south of the project. He indicated that they have been working with the City for about 5-7 years, have kept active in city politics and development of the project area. He does not want a "dump" in his back yard. He stated that he doesn't mind the architecture, elevations, colors, and the trees, but does have a little problem with the 50 ft. buiJding height request. Mr. Palumbo stressed his concerns with the dumping of garbage inside on a concrete slab, air quality, odor, noise, bacteria, trash being blown around the site, rodent and pest control and the overall heath problems this project could cause his employees. He also feels that this project will lower his property value and would make it hard for him to sell. Mr. Palumbo does feel land use is a big issue. He commented that he couldn't understand why the City seemed to be rushing this project through. He also wanted to make note of a Senate Bill that did not pass which requires such a site to be 2,000 ft. away from any residential area. He pointed out that the Bill is coming back for a second vote and, if passed, would virtually eliminate this project. Principal Planner Steve Griffin inteIjected that the duty of the Design Review Committee is to look at design issues, aesthetic compatibility and, for this project the height issue. The location of this facility is an issue to be dealt by the Project Area Committee (pAC), which is scheduled to meet on February 5, 1996. The Redevelopment Agency meeting is scheduled for February 20th. He alerted the public speakers that there would be plenty of opportunity to forward all the land use concerns to the PAC and on to the Agency. Mr. Griffin also pointed out to the Committee that the selection of this site had been on- going about two years, with various hearings along the way, so staff does not consider this as rushing the project through. Michael Meacham, responded to the concern of waste being dumped on the concrete floor. He stated that the city's permit will enforce State requirements, that all waste from this facility has to be removed from the concrete floor every day at the end of operations and the floor cleaned. There will be no remaining waste on the facility anyvlhere at the end of every day. John Barns, who owns the property at 796 Energy Way, indicated his property is less than 100 yards from the project site. Mr. Barns pointed out to the committee a similar site at 175 Mace Street where there is a smaller version of what they are trying to do 6 DESIGN REVIEW COMM~TTEE 5 JANUARY 29. 1996 with this project. He indicated that in a period of just 18 months there was increase in smell, flies etc at that site. Mr. Barns expressed concern about diesel smoke, trash, odors, flies, rodents and his employees' health. He also believes the property value will go down. He highly opposes the project. Bob Gunthorp is a property owner near the project site. He indicated that he too shares the same concerns mentioned by property owners in the area. Committee Summation The Design Review Committee members were not comfortable with the proposed building materials, mainly the translucent material. It was felt that the material would not keep its color, and could not be easily maintained. Chairman Spethman would like the applicant to provide a noise study indicating the sound attenuation characteristics of the materials proposed and other members requested the specs on the materials. The Committee members were not comfortable with the building height increase and were concerned about the .1ack of articulation and relief, particularly on the west elevation. They asked for II more detailed landscape plan, including the size of species used. Members questioned fencing along Maxwell Road. Mr. Griffin stated that fencing will be solid and decorative, and materials and design will be approved by staff prior to building permits. Members also noted that they would like the applicant to key onto some details of the yard waste processing area which could be approved at staff level. MSUC (Speth man/Rodriguez) (4-0) to approve IS-95-28. MSUC (Speth man/Rodriguez) (4-0) to continue DRC-96-20 to the meeting of February 12, 1996. E. ADJOURNMENT Meeting adjourned 6:25 p.m. 7 MINUTES OF A REGULAR MEETING OF THE DESIGN REVIEW COMMITTEE Mondav. Februarv 12. 1996 4:30 p.m. Conference Rooms 2 and 3 A. ROLL CALL MEMBERS PRESENT: Chair Spethman, Vice Chair Rodriguez, Members Duncanson and Kelly. STAFF PRESENT: Principal Planner Steve Griffin Assistant Planner Ann pedder-Pease Conservation Coordinator Michael Meacham ~ INTRODUCTORY REMARKS Chair Spethman made-an opening statement explaining the design review process and the committee's responsibilities. He asked that all speakers sign in and identify themselves verbally for the tape when speaking. ~ APPROVAL OF MINUTES MSUC (Spethman/Rodriguez) (4-0) to approve the minutes of December 11,1995 and January 29, 1996. D. PRESENTATION OF PROJECT 1. DRC-96-20 Chula Vista Materials Recovery Facility 1855 Maxwell Road Materials Recovery Facility & Trash Transfer Station Chairman Michael Spethman opened the meeting to any members of the public who wished to speak' on this specific issue. Mr. Don Palumbo of Gold Coast Engineering reminded the Committee of his concerns and mentioned the signed petitions that he had submitted. He mentioned to the Committee that he did meet with Mr. Michael Meacham and Mr. George Krempl to get a little more information on the project and to get a feel for what the City's position on the project is. Mr. Palumbo made note that he still opposes the project and feels that it is inconsistent with the Redevelopment Area guidelines. i' DESIGN REVIEW COMMITTEE 2 FEBRUARY 12, 1996 Staff Presentation Assistant Planner Ann Pedder Pease pointed out the concerns of the Committee from the previous meeting. She stated that the Committee was not comfortable with the proposed building materials, mainly the translucent panels. It was felt that the panels would not keep their color, and could not be easily maintained. The Committee also requested specs and a noise study indicating the sound attenuation characteristics of the materials proposed. Ms. Pedder Pease stated that the members were not comfortable with the building height increase and were concerned about the lack of articulation and relief, particularly on the west elevation. Ms. Pedder Pease indicated that the Committee asked for a more detailed landscape plan, including the size of species used. Ms. Pedder Pease reminded the Committee of their concern about the details of the fencing proposal and their request to see precisely what might be considered for fencing along Maxwell Road. She also noted that the members wanted the applicant to key onto some details of the yard waste processing area. Assistant Planner Pedder Pease addressed each issue and pointed out the revised plan showing more detail about the circulation around the yard waste area. She indicated that the west elevation had been enhanced with additional landscaping. Ms. Pedder Pease made note to the Committee that the applicant discussed and considered whether it was feasible to look at other materials, but are intending to continue with their previous material selection. As far as the height issue is concerned, the applicant has lowered the proposed maximum height from 50' to 40,' which is actua11y the top of the doghouse ventilating area, and brings the overall building height down to 35'. Ms. Pedder Pease pointed to the revised site plan which shows additional buffering on the east elevation with more specific plant materials. She indicated that with the exception of the fencing details, the applicant has addressed ,most of the concerns expressed by the Committee, including showing elevations along Maxwell Road with the much enhanced landscaping. Ap,plicants Presentation Mr. Dave Vladic addressed the Committee with an overview of the concerns that had previously been expressed. He mentioned that the height of the building had been lowered and went over the revised plan addressing the yard waste processing area. He also mentioned the revised landscaping, and states that the plan now shows more detail. Mr. Vladic pointed out to the Committee the fencing, which would be PVC coated, the stucco columns, and the extra panels that were added. He made note of the stucco which had been added to the facade to break up the west elevation. Mr. Vladic mentioned to the Committee that a representative from Butler Mfg. was present to address concerns with the building materials. Mr. Tom Waldren of Butler Mfg. gave some background information about the company he represents, stated that they are very involved in transfer stations, and handed out some literature to the Committee members. He went on to address some of the issues previously brought up by the members. Mr. Waldren went over the durability issue. 9 DESIGN REVIEW COMMITTEE 3 FEBRUARY 12, 1996 He stated that Butler roofs are renowned for their durability and pointed out the MR24 roof system, which has a 20 year warranty. He mentioned that the wall panels are synthetic stucco fmish on a metal panel. Mr. Waldren stated that the material is very durable, has a 10 year warranty, and is very successful. He indicated that the light panels have a UV protective coating, (tevlar), which keeps the panels from yellowing. Committee Concerns/Ouestions Chair Michael Spethman asked Mr. Waldren if they ever had to replace panels and asked how the panels were cleaned. Mr. Waldren stated they have not replaced panels, and they do carry a 5 year warranty. He said the panels are usually cleaned by the rain, and graffiti or spray paint usually come off very easily. Mr. Waldren made note that the panels are not graffiti proof, but are graffiti resistant. Member Pat Kelly asked about insulation and the noise attenuation. Mr. Vladic mentioned that there was insulation in the roof only. As far as the noise attenuation, Mr. Vladic went over the noise study and pointed out the dB levels. Principal Planner Steve Griffin also went over the dB levels and compared them to City standards. Mr. Griffin indicated to the Committee that if they were not comfortable with the comparison noise study, they could request another study and add this as a condition before permits are pulled. Member John Rodriguez was concerned about the fencing around the property. He indicated that the plans show no detail of a fencing solution. Mr. Vladic indicated that there would be a solid wall on the s~uth, with PVC-coated fencing around the remaining sides. Staff indicated that the Design Manual states that a solid wall would be required along street frontage, Le. Maxwell Road. Member Rodriguez stated to the applicant that he was still not comfortable with the building being metal, and that he does not care for the translucent panels. Member Richard Duncanson shared concern on the durability of the building materials. Member Kelly was satisfied with the building as it is, but expressed concern on the fencing issue. She also would like to see less of the metal siding. Committee Summation The Design Review Committee members were not completely satisfied with the overall presentation of the project. They felt that a lot of their concerns were not addressed and asked the applicant to come back with solutions to the items of concern to the Committee. The Committee remained unconvinced that the translucent panels are the only way to provide diffused, shadow-free natural light. The members still have some concern that the panels appear temporary and will quickly discolor and deteriorate. It was also noted that the. finish and ribbing pattern of the metal skin may not be considered /0 DESIGN REVIEW COMMITTEE 4 FEBRUARY 12, 1996 entirely consistent with the design standards of buildings, other than temporary storage buildings, in the immediate vicinity. The Committee asked the applicant to continue to explore other aesthetic solutions. It was indicated that no design detail had been offered for the concrete push wall. The members would like to see a detail of that proposal and suggested a textured, exposed aggregate or scored concrete. The Committee members also mentioned the connection detail between the concrete push wall and the prefabricated metal structure, and would like to see some detailing of this. The Committee remained very concerned about the details of the fencing proposal and would like to see precisely what might be considered for both the fencing and gates along Maxwell Road. They asked that a detailed fencing proposal be submitted to them for review and approval. The Members also agreed that a comprehensive signage proposal should be included in the next submittal for review and approval. MSUC (Speth man/Rodriguez) (4-0) to approve continuance of DRC-96-20 to the next regularly scheduled meeting of February 26, 1996. E. ADJOURNMENT Meeting adjourned 6:15 p.m. -----/ i,1 _.,- Maureen Wentz, Record "-.. "\, ,- I \ , --- ;I This page blank. /~. ATTACHMENT "B" ., 1C91 Nirvana Ave., Chula Vista, CA 91911 (619) 421-1151 Mailing add",os: P.O. Box 1109, Bonita, CA 91908-1109. FAX (619) 421-1506 January 24,1996 City of Chula Vista 276 Fourth Ave. Chula Vista, CA 91910 Attn: Design Review Committee Subject Case Number DRC-96-20 Material Recovery Fadlity and Trash Transfer Station Proposed Location - 1855 Maxwell Road GentlemeIl: Gold Coast Engineering Inc. is located immediately adjacent to the southerly property line of the proposed facility. As OWIletS of Gold Coast Engineering, we are extremely concerned about all the environmental Issues which will effect not only the sUe itself, but also the surrounding properties. We J1'e also very concerned about the reduced value of our multi-million dollar project and the value of all properties within the Otay Valley Road project area. Further, the proposed project is in complete disagreement with the "Otay Valley Road Development Project Area Implementation Plan/Design Manual Addendum", dated May 1985. When we selecred the area for location of our business, and the related acquisition of property and building our facilities, we believed that the goals of the implementation Plan/Design Manual Addendum met the objective we envisioned for our company_ In addition, there is an Assembly Bill. number 961, in the California Legislature which would virtually eliminate this site as a candidate for the project. We have been informed that the Bill recently failed to piIBSbut is going to a second hearing. 13 ~ ......... .....,. ~,.. ........ 'It_n' ."....... I ,..,..... .~ January 24, 1996 City of Chula Vista Page Two We are primarily concerned about: · Air quality - airborne particles and bacteria and nauseous odor · Noise · Trash being blown about the site and adjoining properties. · Rodent and pest control · The proposed 50 feet building height. Obviously the ideal location for this operation is on the county land fill10cated one half mile from the proposed site. As tax-paying, environmentally-sensitive citizens, it is impossible to understand why the City of Chula VISta and the City and/or County of San Diego cannot work together and locate this facility, if required, on the present landfill. The City of Chula Vista has spent considerable effort guiding the development of the Otay Valley Road project into a first class industrial and con:u:nerdal area.. Locating the proposed project in the middle of the Otay Valley Road project is not consistent with the objectives of a first class IndUS1rlaJ Park. In addition, the proposed project wID undoubtedly reduce the value of adjacent properties. We are available to discuss this matter'in further detail, if needed. Sincerely, //&. ,? Donald R. Palumbo President cti; Char1ea Sutherland Vice President DRP/aw ~.~ ~~ If ........ ......,.. ......,.. ........ ..nn. ........... __... lIS IJ) " ,j & fi :;: .a i J jil .... 11;1 o I!! e I!! 8:j;;a. III - o J ~ .E ~ a: Ii "tI ~ JD ~ :> ::J Ii Qj Jfi Cat. 18 j r~ I . ~ I!! "'0 .!12 I!! ~ iii m actt -i Iii ' .~ I Iii J.. \\J i !! III : i 2: . ~ . lIS C. : E 8 . ~ CD \I"' - . m ~ 0 '" I I - ... ....T _r-T ",... .-... "L.'" ......... . rr... , ~-- . &:N&:II:GY WAY - ... CHULA, VISTA PLANNING DEPARTMENT C!J =." Chufd VItIa MaNriaIs IIIOJB:1'DESCIII'IIONI . Ia-..ary JacIhr DESIGN REVIEW &L 1.55 -.-U IcNIcI R.tquut: PIopolCl! a 75,900 ~. ft. moNrial ftICOOety facility. --. fU~ NO_RTH .. No IcaIe ... DRC~96.20 . . It, . r'T -("",T ac I'"""T""~' ,........"..1 rCT ~~ ~~~~ ~-- ~~~~~~. --~ ~tate of QCalifurnia ,...-..."" j ?ETE WILsaN GOVERNOR GOVERNo.R'S OFFICE OF PLANNING AND RESEARCH 1400 TENTH STREET SACRAMENTa 95814 ATTACHMENT "0" ur......\-..- December 18, 1995 . O[~HorMUH COMMlI~~~lR1t.1[NI r- OE.C l 1 ~ - 9TIll038 LEE GRISSOM DrRECTon JOE MONACO CITY OF CHULA VISTA 276 FOURTH AVENUE CHULA VISTA, CA 91910 Subject: CHULA VISTA MATERIALS RECOVERY FACILITY SCH #: Dear JOE MONACO: The State Clearinghouse has submitted the above. named proposed Negative Declaration to selected state agencies for review. The review period is now closed and the comments from the responding agency(ies) is (are) enclosed. On the enclosed Notice of Completion form you will note that the Clearinghouse has checked the agencies that have commented. Please review the Notice of Completion to ensure that your comment package is complete. If the comment package is not in order, please notify the State Clearinghouse immediately. Remember to refer to the project's eight-digit State Clearinghouse number so that we may respond promptly. ..,.' ~lease note that Section 21104 of the California Public Resources Code equired that: "a responsible. agency or other public agency shall only make substantive comments regarding those activities involved in a project which are within an area of expertise of the agency or which are required to be carried out or approved by the agency." Commenting agencies are also required by this section to support their comments with specific documentation. These comments are forwarded for your use in preparing your final EIR. Should you need more information or clarification, we recommend that you contact the commenting agency at your earliest convenience. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please contact at (916) 445-0613 if you have any questions regarding the environmental review process. Sincerely, ,.-; ". /') t"'; ....,., /', /tA. f-(1) ,..!'~"/ t///~' ~ . "/.; "viflf/'/:':;'/i/( . /i~"<-'{:;',/<:';;::'.'".:~,. I" . ANTERO A. RIVAS PLATA Chief, State Clearinghouse ._~lclosures cc: Resources Agency ~tl "" ....,...,. .."" " ST ~TE OF CALIFORNIA ~ 8USINESS, TRANGPORTATKJN AND HOUSiNG ACENCY PETIZ WflSON, GO\flWmr DEPARTMENT OF TRANSPORTATION Q) DISTRICT t t, P.O. BOX 8~06. SMI DIEGO, 9216e-S4Q6 (6\9) 1586-e424 iDD NUfltn~' (1$1(1) 6Sa~OO2 . December'T. 1995 Mr. Chris Belsky State Clearinghouse 1400 Tenth Streat Sacramento, CA 95814 11-SD-80S ~ 365 L _ / l'-/J-7~ D~e Me. "",,>y, 8 Draft EIR for the Chu.l.~!LM<!teJlals Racovery Facility Caltrans District 11 comments are as follows: . Page 38 - A -detailed traffic Impact Study needs to be prepared according to Caltrans policies for the Interstate Route 805 (1-80S)/Otay Valley Road interchange. . Previous traffic studies by the City of Chula Vista indicate that the 1-805/Otay Valley Road ramp intersections would be operating at or beyond capacity in the near future. .0 The Traffic Impact Study will need to show existing, plus project, plus all known previously approved developments in the area impacting the 1-805lOtay Valley Road interchange. o Average daily traffic, turn movements, intersection lane volumes and Highway Capacity Manual signalized intersection analyses as well as normal background growth should be projected for year 2015 traffic. Our contact person for Traffic Operations Is Fred Yazdan, (619) 688-6881. For 1-805 our contact person is John Kempf, Project Engineer, (619) 688-6,994. Sincerely. -;L.~ ~ BilL DILLON, Chief Planning Studies Branch BD/LS;vc . !JEt 8 ? b1 f'\IIOI.I~. _ _ .(.;OrnPleuon ,\lIPpll'lI~m"":;'J)OCU1!fi.,!~~~ .\fuill~.- -~ l~ngl;l~;~-;~~Strccl~~;~'. ----,.'--::--;' ;..-~~ 9[6/445.0613 ProJ-ct : [hula Vista Materials ~e~~ ..y . __Hity L.IOdA&~y; _ City of (hula Vista SueclAddrus: 276 Fourth Avenue (hula VistiJ ---.. ~\:;,-Mjfl::;;;-';;:.: - .-- - ----1 SCH' 951 i lJJ City: Joe Monaco (619) 691-5016 Dieqo Zip ContloctPc~; ,;!qlO Phon~: County: ~an ----------------------------------------- Prol-et Location CouNy: San Oieqo Cm...Strow: Otav VAllev Road/Maxwell Asu:nor"s Parcd No. Within 2 Miles: SII.IC Hwy II: 1-805 AiJporu; Rr-own Fielr! City!Ncarcsl Community: ~!!~ta Road ZipCode; 91911 TotdAaa: 10 Section: Twp._R.."c:_Base;_ WIICTWIYS: Otav River R.i!.....y$: Schools: Valle Lindo flem. Doeument T...,. --------------------------~-------------- CEQA: ONOP o Early Cons 9Nc,ee..: o DraflEIR OSupplemenl/Su~ o EIR(PrioT SCH No.) Oou.~ NEPA: o NOt 011*: OEA ODrar.EJS DFONSI o loinl Doo;wnml o F&naJ DocumenI 0""" ----------------------------------------- Loc.' Action Type, O<XnmlPlanUpdalc o Ccnc:r.-l Plan Amendment o <Xnc,.-IPlan EJemcnt o CommuniI)' PI." OSpecirw=PI.on o Masin Plan o PlaMed Unit Dc:~lopmcllt OSilCPtan II/!i' O'~ B~ o Lud Division (Subdivisioc\, P~cJ Map. Tr.a Map. CIC:.) O."nncuOOn o Rcdevdopncnt OCoasuJ PumiI 0""" o.v_lop_nt Type ----------------------------------------- o Rcsidenli.-l: DOfr,cc: OCot1UT"lCfCial: Olndusui.-l: o Educalion.al DR<<rcoLionaI U'fiJ, Acres Sq/l_- Acrcs-~u Sq/l_===' Acr~s~ ~es-==- Sq/l"_Ac,cs_ ~u_ ----------------------------------------- IranSfer ProJ-et 1..-_ Ot-.cu_.-. In Docu...._nt ~AcsWlicJVisua1 o AJTi<;1lIIW11! Und fiAirQualiIy o Archcol9&ic:.a1IHislDric.d o Coasw Zone fiD..iN&clAbsorpUon .0 EcOf'lDll\ic/Jobf; o Fiscal o Flood P1ainJF\ooclina o FOR$I LandlFiR Huard o GeoIo&icJSeismie ;;)Mincrall tJ NoU. o Pop.iI_ionIHousisIcBalmce GPublicSctviecsiFaciJilieI o Recre.atioNParks o WalQFacilil;e.: Tp OTranspoct.aion: Type o Minin&: M,wrtll OPo-.-: Type o Was", Trearmenc T,pe o HazCdous Waste: Type ~Ocber:Materials KeCoverV/lraSn iSd>ooWlhoi~"" SeplieS)'IkmI Scwa-Capa:ky l!ISoiJ&:>sionlCompao;tionlQndina e9 Solid Wille OToxK/Hau.rdow mTntflC/C'1mIlaUon OVqcwion UGD_ W4lI1_ f9w~QualUy f!:J WIlleS SUWZrKitoundwa&er o WcdandJRipman OWilc!lirc !f!"""""""""'" ~=\lCEIr<<U 0""" Pr._nt LaIHI UeeIZonlngIQ_r.1 PI.n U_ light Industrial ----------------------------------------- ----------------------------------------- ProJect o.lKfiptlolt Materials Recovery Facility and Trash Transfer Station that wi1l handle approximate1y 1.500 tons of waste per day. Materials will be sorted and recycled. Non-recylc1ble materials will be consolidated and transfered to a landfill. SUit Clearinghouse Conl.act: ".~...'--~---- MI. Chris Bclsk)" (916) 44S-06J) SU"Rai'..",,,oc .1L-A.~ [)cpt Reo.ic..noAlc~; /.l-- P A"",> ""..sm 1 J- /1 SCH COMPLIANCE 1J,...~ Please DOte SCU Number oa ~I Com_als 95111038 Pie. rorward late eomlDCIIts directly 10 the Lead A&ea<:y AQMDlAPCDJ:/- CR=u=,JitJ..%J Project Senl to the following State Agencies ~-- ,.. Boating 7\'"' C...... Comm - c.uw Consv = CoIotado Rvr Bel - ""'-'.... JL Fi.... ""'" .....s: _DcI&aProtc:clion _F-.y ........- =Rcclamalian _IKDC ..,lL DWR _OES BUI Trusp Bous -...... =CHP / ...1L CaI...... I _ TransPbnning _ Housiac4 ~I lleall. &: Welfare _Driaking H2O _McdicaIW~ Slatc!C_..r S\U _ GcncraJ Sm'ica >< CaJ/EPA _ARB ....l5.... CA Waslc Mgmt Bel _ SWRC8; GWtCs _ SWRC8: Delta _SWRC8: WtrQualiCy Z~~~~ _ DTSCICTC -r Yllu'AdllCOrrttIioal _ Coacctions ladcpcadcal Com.. _En<rr:YComm .J:. NAIIC _PUC Santa Mn ..... IS<a",!.an<kComm _T............. _0Ih<r. ~ 7/ .... -.""'" ) State of Califo~rla California Environmental Protection Agency MEMORANDUM e _ I J-/I.J~9..5 To: Chris Belsky Date: December 13, 1995 State Clearinghouse 1400 lOth Street Sacramento, CA 95814 Joe Monaco City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 DEC 13 '.. From: U\A.. ' annie H. Blakeslee vironmental Review Section Permits Branch Permitting and Enforcement Division CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD Subject: H# 95111038 Proposed Negative Declaration for the Chula a aterials Recovery Facility, San Diego County (SWIS# 37-AA-0911) Staff of the Integrated Waste Management Board have reviewed the proposed Negative Declaration (ND) prepared.for establishment of a materials recovery facility (MRFI and transfer station (TS) . Sexton/Chula Vista Sanitary Services proposes to design and construct a facility with a maximum design capacity of 1,850 tons per day (tpd) on 10.8 acres. The facility will have the capability to recover cardboard, newsprint, mixed paper, aluminum, ferrous metal, plastics, mixed plastics, wood, glass and yard wastes. A green waste grinding and shredding operation is included in the project. . The intent of these comments is to assist the lead agency in preparing a complete analysis of environmental impacts and identification of appropriate mitigation measures. We recognize that other agencies have regulatory authority over several aspects of this project. Staff offer 'the following comments, and ask that they be addressed prior to adoption of the proposed ND: ~ 1:3 Proiect Characteristics This section may have a typographical error; "The applicant plans to obtain permits to process an average throughput of 1,500 tpd and. a peak throughput capacity of 1,850 ppd." Solid Waste Transfer The document indicates that solid waste may be transported to the Otay Landfill, or some other landfill not identified. The document states that Campo Landfill may be used, or some other landfill. Is the service area for waste collection to be expanded? Would implementation of the proposed project result in any increase of quantities of waste landfilled at any of the disposal facilities? The document states that transfer station employees will screen the incoming truck at the scalehouse to prevent the acceptance of hazardous wastes. The tipping floor will be monitored and if any material is found it will be handled in accordance with approved procedures. What are these approved procedures? Development of (unprepared) management plans does not constitute mitigations. Notification of the-General Manager or designated personnel and notification of the San Diego Department of Environmental Health that a questionable load "might" be taken to another facility does not mitigate a potential environmental, health or safety impact. What specific contingencies are in place, and will be implemented in the event that hazardous materials enter the facility? Impact Analvsis Impact analysis mentions that construction activities on the site will necessitate grading, which will result in wind and water erosion of onsite soils. The mitigation measures do not identify any specific dust control measures to potential dust impacts; it merely mentions that appropriate dust control measures shall be developed and approved by the 'City of Chula Vista. What specific San Diego County Air Pollution Control District rules and regulations apply to the project? What specific erosion control measures shall the registered geologist incorporate into the grading of the site? The document states that implementation of the listed recommendations will minimize the identified impacts, relative to grading and erosion, yet it fails to identify or discuss any specific measure which will be implemented that will minimize impacts. The mitigations include appropriate (future) dust control measures which shall be developed and approved by the City, certification of a (undeveloped) grading plan, and incorporation of (undetermined) erosion control measures. Again, undeveloped plans and approvals do not. constitute mitigations. The document indicates that a major earthquake on an active fault in the region is likely to occur within the project ~ifetime. It also' states that prior to construction, a geotechnical engineering investigations will be conducted by a Registered it ~ , ~ Civil Engineer. The investigation will contain soil, foundation, slope stability and seismic criteria that will be used in the project design. The investigation should have been completed prior to preparation of the negative declaration, and should have been included as part of the document. It is impossible to qualify or quantify potential impacts if a site's existing environment has not been adequately assessed and described. The document indicates that all buildings shall conform with the seismic design standards of the Uniform Building Code and with the City's requirements, but does not described or explain or describe any of the standards or requirements. Whac specific odor mitigations will be implemented? The document indicates that operational policies should be delineated in an odor control plan for the facility. The word "should" does not assure that any proposed mitigation will be implemented. Staff ask chat the air discharge system which is to be incorporated into the building design for odor control be described. There exists a potential for accidental burning of waste materials if a fire were to oc~ur. The document indicates that the Project incorporates a contingency plan for fire prevention and control. Staff ask that a brief describing the components of this contingency plan be included in the ND. Noise Impacts Staff have noted that the noise impact analysis was .based on a 1971 study. There are current documents available which may be more accurate, such as the "Threshold Values for Chemical Substances and Physical Agent and Biological Exposure Indices", which was published in 1994. The ND states that there would be no significant noise impacts associated with construction and operation of the proposed MRF, however, the discussion pertaining to noise impacts indicates that the outside the building to the property boundary is anticipated to be from 70 to 80 dBA, which, over time may adversely impact workers' health and safety. The document further states that as a mitigation, employees. will be required to have ear protection. What other measures are to be implemented to abate noise impacts? Conclusion The proposed ND has some flaws in identifying impact-specific mitigations which will be implemented to protect the environment, as well as worker health and safety. Impacts to be mitigated via permits and plans which are.to be secured/approved by agencies as conditions of project approval do not constitute project-specific mitigations. What measures might these permits and plans contain which would mitigate impacts? Staff respectfully request notification of the date of adoption of the ND. We ask that we be sent a copy of the final version of the document and any attachments. We also ask that these comments be responded to, in writing, prior to adoption of the ND. ~t5 -) Thank you for the opportunity to review this ND. If you have any questions pertaining to these comments, please contact Jeannie Blakeslee at (916) 255-470B. ~ 1~ ~{f? :-~:c~ - - -- ~~-.-,.",.. """=>.--~~ OlY OF CHULA VISTA COMMUNITY DEVELOPMENT DEPARTMENT January 23, 1996 Jeannie H. Blakeslee California Integrated Waste Management Board 8800 Cal Center Drive Sacramento, CA 95826 Subject: Negative Declaration for Chula Vista Materials Recovery Facility/Trash Transfer Station Dear Ms. Blakeslee: Thank you for your comments on the above referenced document. The following are responses and clarifying statements related to the issues raised in your. comment memorandum dated December 13, 1995. Proiect Characteristics Comment noted. The referenced sentence should read" ..... peak throughput capacity of 1,850 tpd." Solid Waste Transfer First Paragraph: The service area for waste collection would not be expanded. Waste transfer to landfills other than the Otay Landf1.ll will result in an increase locally but the operation of the MRF component of the facility would result in a net overall decrease of wastes disposed in landf1.lls. Second Paragraph: For clarification purposes, the following is a summary of hazardous waste screening and handling procedures that are identified in the project application for a Special Land Use Pennit (copy attached). These mitigation measures have been integrated into the project design by the project applicant. All loads shall be inspected for hazardous materials as they are unloaded onto the tipping floor. No sealed drums of any kind shall be accepted by the facility. y;f ,7 276 FOURTH AVElCHULA VISTA. CALIFORNIA Q101nt'~10\ ~01_l:;nA"7 Ms. Jeannie Blakeslee January 23, 1995 Page 3 'All personnel shall be provided with evacuation procedures in the event of a fire. Operations personnel shall be trained in the procedures to extinguish small fires that may occur in the waste receiving area, All wastes entering the facility will be checked for burning or smoldering material and if discovered, emergency response shall be enacted, including limiting access to the area and treating the fire with water, foams, fire retardants or smothering. Fire extinguishers shall be located throughout the building and the site. Noise Impacts: The project is required to comply with Cal-OSHA regulations regarding noise levels and their impact to workers. The standards set by Cal-OSHA have been detennined to be adequate by the City of Chula Vista to ensure that no environmental impact on worker's health and safety would result. Therefore, no mitigation beyond the provision of personal protective equipment is detennined to be necessary. The referenced impacts of 70 dBA at the project boundary are related to operation of the green waste shredder which will be operated outdoors near the property boundary. This is not the impact from machinery located inside the building. The City of Chula Vista appreciates the comments of your agency and hopes that this letter satisfies your concerns. A hearing before the Redevelopment Agency of the City of Chula Vista to adopt the Negative Declaration and consider the land use application for the project is scheduled for February 20, 1996. Please do not hesitate to contact ine with any questions or comments at (619) 691-5016. Sincerely, {7h /ht--- Joseph Monaco, AICP Environmental Projects Manager cc: George Krempl, Deputy City Manager Dave Vladic, Sexton attachment ~ 1~ CITY OF CHULA VISTA sky trucking 187 mace street chula vista, california 91911 December 7. 1995 Mr. Joe Monaco City or Chula Vista Environmental Projects 276 Fourth Ave. Chula Vista. Calirornia 91910 Re: Initial Study No. 95-28/Materials Recovery Facility-Trash Transrer Station Dear Mr. Monaco. We are in receipt or the above noted initial environmental study document and wish to note comments on several topics covered therei~. Section 1.2 Project Setting: The narrative included in this section covers the general conditions round on the proposed site. - We do not rind any mention or assessment or any hazardous wastes that may exist due to past or existing uses or the site. We question ir any underground ruel or oil storage tanks are or were located on this site. Ir so. what mitigation measures are planned? Section 1.3.1.4 Green/Wood Waste Processing: This section deals with what we believe has potential to cause signiricant environmental impacts. Unlike the trash transrer- station. which is cO,ntained completely inside a building with the ability to control emissions. this operation will be conducted outside. From our observation or variou~ racilities in operation around the Count~. including Miramar Landrill. ~1/ , Page I.S. 2 NO.95-28 this type of processing of waste utilizes large high horsepower industrial equipment and will create significant noise and a variety of other impacts to the community. Based on empirical evidence as noted we believe this part of the operation requires a much more detailed description including, but not limited to, various impacts, scope and size and the required mit~gation measures. Has staff made any observations of current operations of this type of waste processing, such as, Miramar Landfill in the City of San Diego? Does staff intend this section t-o note environmental impacts associated with this activity? Section 1.3.4 Hours of operation: This section notes that the facility will maintain a holiday schedule the same as the Otay Landfill. Does the list of holidays included in ~his section accurately reflect the holiday schedule observed by the Otay Landfill? Section 3.13 Transportation/Circulation: This section includes a discussion of traffic impacts on Otay Valley Road and Maxwell Road. There is no mention of Main Street which is used to access the site from Interstate 5. Was Main -Street a factor or consideration in any traffic analysis for this project? If not, why? I appreciate the opportunity to comment on the Initial Study for this project and look forward to your response. Jj~ Mark Watton cvtran/is fP ~ :..-.;-.....:..:...._~...... .' . - - . ..:...... ,,".... ." ..,. ", . :.... .:.. : . :t;;tt~;:~1~':"::"':'~,3L...; .:_. ~.:.... ;, _..~. . .:-......-..-1.-- ...:. _.. '..-..- TOM GARIBAY DlnECTOfI (t1t) "...1211 F'd:: (81') 218-fM11 LOCATION COOC 810 .... " ., ClLl11t1:ttu ~f ~n1t ~itgn '. January 19, 1996 DEPARTMENT OF PUBLIC WORKS !i655 OVERLAND AV~ SAN DIEGO. CALIFORHIA 82123.12.. .{ .~ COUNTY INt"'"IR COUNtY AIRPORTS oowav ROAD COMMISSIONER TIIAHSIT SER'tIC!S COUNTY .Uft......6fI Ft.OOO OOHTAOL WASTEWATER MANAGEMI!Nf aOUO WASTE: .~ ; :. City of Chula Vista t Attn: Mr. Joe Monaco, AICP' <, Environmental Projects Mana5(rr 276 Fourth Avenue ,', Chula Vista,CA 91910 " '. -, INITIAL ENVIRONMENTAL STUDY' - MATERIALS RECOVERY FACILITY/TRASH' :: TRANSFER STATION '>, Dear Mr. Monaco: " The County of San Dieg-o, Degartment of Public Works, Solid Waste Division has reviewed the p~posed Negative Deolaration (NO) for the Materials Recovery Fa~ility/Transfer Station propoaed by Sexton/Chula Vista Sanitary Ser1Tices, located on Maxwell Road, and , offers the following comment~: SDecific Comment;s ':J ~ pag-e 12 - 1.3.:1..5 - 'l'he W;; states that the expected worst..case closure date for the Otay ~ndfill i8 1999. ~his is incQ~ect, even as a worst case. At: cutrent disposal levelg, it is projeoted that the Otay Annex Landfi11.~ will provide disposal service beyond the year 2020. :!. . . .~. Page 14 - 1.3.2. (; - Pisposal ~f Wastewater - The ND s'tates that the tipping floor will be clean.d every day to eliminate buildup of dust and residue. However, there is no discussion as to the mean.. by wbioh any water used to olean the tipping floor of the faoility will be disposed. Since the::facility is apparently a "di:t'ty MRF", any water used to clean tbe'~ltipping floor, as woll as any water used to clean the aprons,en6:rance, exit, etc. would be oonsidered "contaminated" and would re@ire disposal in another marmer from the sewer system. Please .~ include a discussion of plans for disposal of contaminated wastewater in the NO. ., . :-.:.. Page 21 - 3.2 b - Air - The NO states, "Putrescible wastes will not remain at the station for more than 48 hours. Also, wastes are not allowed to lie exposed for a long period of time as can occur at a landfill. ,Rather, such wastes Will be secured and covered. II ~-1/ ~..........~....... ?('L..J T....I"'I , '~'."""" :..........-....._-~ ....M.....r _.. . ... _:., ~':""__J_~~_"'.'''''''W.. ......._..__.~....n..__ ... ---~. -.. ... " " ", Mr. Monaco -2- January 19, 1996 I' Landfills are required by l~w to employ a "daily cover" to cover all waste which is disposed on any given day. Therefore, the suggestion that the facility would not generate as much odor as a landfill is not justified. Consequently, odor issues should be examined on the basis of the worst-case daytime odor detectability cited in the ND rather than;compared with an incorrect assumption about landfills. Also, a dis~ussion regarding which materials will be used to cover waste left'~t the facility is needed. '. Page :2 8 - 3. 3 ~ Water - ~ stated above, this section should include a discussion rega~ng the washing of the facilities tipping floor and disposal ~f the contaminated water tbat would result from this washing. It,. should also discuss in specific terms what permits would be 'requiJ<'~i:i because of this activity. . :~. Page 32 - 3.6 - Notse - The!!b states, "Furthermore, the local area already has an elevated amb~ent noise level due to the existing.. truck traffic traveling to the otay Landfill." Thil!l ie a questionable assumPtion. A 1992 Traffic Impact Analysis conducted for the County by I.i~nscott, Law ~ Greenspan found a total volume of 16,600 between M~ell Road and 1-905. Of thot total, approximately 567 lrehicles ('On a busy day) were traveling to the otay Annex Landfill. This :: cOnstitutes. approximately three (3) percent of the total traffid:on a road which the ND characterizes as having, "disproportionately high volumee of heavy trucks.. Consequently, it is unlikely:'tliat noise levels are elevated solely because of traffic to the O~y ~ex Landfill. . > " The same para9raph states, "~ased upon the 432 ACT ultimate level, the total traffic increase iill: about 2 percent for Otay Valley Road. Again, a very small, :l.mp'e%;d'"ptible increase .in noise generation wiLl result. Based on tMs discussion, noise impacts due to project-generated truck traf~ic will be minimal; and no signifioant noise impact:s will oocur." ." ,. l' : CEQA does not permit the "trivialization" of an impact through the argument that a project's c~tribution to a potential problem is small. Therefore, the impact caused by the addition of 432 ADT in an area which the ND states has an elevated noise level should be considered fully, a determin,ation of significance should be made, and mitigation proposed if ~ecessar.y. . Page 35-39 - 3.11 - Transpor~~tion/Circulation - The ND states that an assumed 1999 closure date -for the otay Annex LandfilL represents a "worst-case" scenario. However, with regard to this section, that aseumption results in a ~best-case'" scenario as far as traffic foreoasts are conoerned. ~As was stated above, it is highly unlikely that the landfill. :.;.ill close in 1999. Therefore, the statement on Page 38 that, ...i,~ is assumed that post-cl.osure t:l:affic distribution represents the worst-oaee local and regional traffic ~g1/ . , ,.....;.,.... L'" ~... <0 f <0 r.O.-l TOO , ' ......:-J .', ~ . .".. .~'_.~.. . . ....-- -..' " . ....~~,,::.,.;~:..._._.:...:...-_..~__n_._:. . ,... ,. . . .... ... - Mr., Monaco -3- January 19, 1996 impact" is continuing customers. " " ';.~ incorrect, becau~e it fails to take into account the use of the land.~ill by both commercial and p:dvate '. ,'; Coneeq;uently, the "WOrBt-ca.,c." Bccnario ..hould aaaume the ..ame level of "mom and pop" hauf~rB and private citizena now using the landfill, plus the franchised haulers from Chula Vista, National City, Imperial Beach, Coionado, South San Diego City and unincorporated areas plus th~ additional transfer trucks, materials trucks, and employee/visitor.;'vehicles in its calculationa, " Furthermore, it is unclear exactly which jurisdictions were included in the traffic foz:~casting. Those mentioned above all currently dispose of waste atj'. the Otay Annex Landfill. If all were not included in the calculatlons, it is likely that tbe forecasts are flawed. . ' ):' The traffic seotion a.lso states on Page 38, II (Al fter closure of the Otay Landfill, the projected traffic increase on this segment (Otay Valley Road) is approximately 4J.6 ADT. This increase amounting to an estimated 2.2-percent in9rease in existing traffic vol~e (1 percent of ultimate LOS .~' voluBle) is minor and does not significantly impact operat~ns on Otay Valley Road or cause the LOS C standard to be exceed!id, " It is unclear from the document whether rising levels of traf):ic from Otay Ranoh have been included in these calculations. Als~~ we would once again point out that impacts cannot be "triviali~ed" and the cumulative impacts of tho additional traffic should be\cousidered, particularly in light of the apparently incorrect as~mpt1on that the Otay Annex Landfill w:i.ll close in 1999. .: .; The Solid Waste Division app:ti1;ciates this opportunity to comment on this environmental document' ~d would request that the division be 'included on any mailing lists' regarding this project, including any hearing dates, These may be ~sent to tbe attention of Bob Forsythe at the address shown above ~ail Station 0383). Very truly yours, . ~ ::r~, ;.:. L -rtl ~~TER: Acting ~eputy .6~rector and ,- San Diego Solid Waste Autho~ttY General Manager 'l'W'RCF:jww :H , .' ~ f:f; .' :.;: .~ . -.... f7n...l Inn rr.~' " TA .~~~~ This page blank. gPf. '. . ~~-i~-i~~D ~~.~~ r~ . . . O~toI O::1"'t~"+::I~ IKRt-t-1L; CONTROL P.01 DEPARTMENT OF PUBLIC WORKS COUNTY OF SAN DIEGO " ..... ~ri"tt i R :,-r- ~,~ . ~'.~\ .;,.. " ' p FA)(, COVER SHEET . PIeaIe notify QddteIIfHJ that they hQV8 teefllved a FAX. Data: 1}1! 9 (. FAX Number: c.(=;{; - ,I) ~!rJ To: J" e- IYI.ID" o...c.(!) C '-1 ~.f- e~ '^ ILV ,.J..A. Addressee's Telephone Number: tf er /-, S'd / t: MESSAGE ~~e.. :t:...~'trN-r ~~(J ~~kJ 1)1/96 . rrr~"':f -;ell-.i'N.r s .f.v.Jy -9."..- cA.../A'vlw" f'r.-o.k,..r..1r- ~ e t,fJver-; A-e:,/...J.1 /T~,.~ "(~N;kr f'1a.J,~n. ~ "-,,,'/Itle.f Yd~ A )'\N!c../. 4{kr f-o 'fa 11 "^ TArS' r..{/ff;jcf /I e-;c...{. we e Ir.' S""d-r7 ,a,,... rt..f!. ~.",. -ft.~ !Jot J 1,\(.. evd~f.:r ~ ,1.,1 W'~k ~~rk,...,~ tv ,'I( frv t'-,j f), 1. f1 c-. 'I r- i~ , a !,..oe fA; 1., r. v ,,/"'- ~ (J "" ,;., , "f1... i/... Q ,'t"'" C. , /K w..~ I'- f.i '711I"<A/f. Number of pages (Including this cover sheet): 2- From:-D,rk b.v\:tb.....TelephOneNumber: t{'er6"'.....~;Zr II) ~ =1 r - - ~... f._ ... 1;::\'lill;III':II[I\!i:I:;1I ... _.s>s This page blank. 4if g~ ~... "'-.J ....-.J...Jo..J .......J.c:.J D...Lo:1 Do:1-r....:.-r.;::.<'t::/ I K.Mrr J.l.. l..UI\l1 KUL J-'.fOc /' } . Cl!111UtfJ1 of ~an c!8i.ego TOM QARIBAY "PEC_ 1110) ....ot 2 'A>CIII.Ij"'...... I.OOATION 0001'" DEPARTMENT OF PUBLIC WORKS COUNTY ENGINI1IiA COUNTY "'FltoOAT8 COUIITY,"OM COM_ION'" "1ION81r 8E1MO" COUNTY 'UIll/CYOll . rLOOo CONTROL WMTEW,A,TI" ..ANAGElleNT lOUD WAITE &66B OYERLANDAVE, 8AtI DI&OO. CALlFORNtA II12:a-121& Jlmuary 11. 1996 g)vt"", .R{U1 r-,,'!o-:/pclClvfJEnoIi'J!1t't SUBJECT: Initial Environmental Study for City of Chula ViRa Matarials Recovery FacilitylTrash T/'III1!Ifar Station Dirk Smith. Environmental ServlclI . Department of Public Wor!ce 103851 TO: FROM: Robert Hoglen. Route locations Department of Public Works (0336) We heve reviewed tho subject document end heve the following comments: TRAFFICICI!:1CUlATION ,. Include datil for project traffic and peroent traffic splits on all existing County Circulation Element Roede and other roads In the unincorporated IIrella. 2. Identify 1raffic Impact. on the road. in thll County and provide appropriatll traffic mitigation messures for the Idantified traffic impacts. 3. Route locations needa to rsvtew future documents for this project. If you have any questiona regarding this metter, plesse cell Robert Hoglen et (s.c. S50) 694-3244. - . RCH:PAS:ak ce: Jim CheQala. DPLU (06501 M:IWI'1HC1flLEMWCl1I1OQ.PS ~f1 Q -.....,....- This page blank. f8 - ATTACHMENT "E" Mitigation Monitoring and Reporting Program CHULA VISTA MATERIALS RECOVERY FACILITY/TRASH TRANSFER STATION MITIGATION MONITORING AND REPORTING PROGRAM DESCRIPTION AND PURPOSE The California Environmental Quality Act (CEQA) requires a lead or responsible agency that approves a project where a Mitigated Negative Declaration has identified significant environmental effects, to adopt a "reporting or monitoring program for adopted or required changes to mitigate or avoid significant environmental effects", The City of Chula Vista is the lead agency for the Chula Vista Materials Recovery Facility/Trash Transfer Station (MRF/TTS) project. A Negative Declaration was prepared for this project which addressed potential environmental impacts and, where appropriate, recommended mitigation measures to reduce identified significant impacts below a level of significance. A Mitigation Monitoring and Reporting Program is required to ensure that the adopted mitigation measures are implemented. The City of Chula Vista will adopt this Mitigation Monitoring and Reporting Program (MMRP) after considering the Mitigated Negative Declaration and if approval of the project occurs. The proposed MRF/TTS may result in adverse impacts in the event of substantial alterations to the proposed project description. A monitoring and reporting program would prevent adverse impacts by insuring that the proposed project is developed in substantial conformance with the project description and design features used to conduct the analysis for the Mitigated Negative Declaration, ROLES AND RESPONSIBILITIES The MMRP for the proposed project will be in place through all phases of the project, including final design, grading, construction, and operations. The City of Chula Vista has primary enforcement role for the implementation of mitigation measures. The City's Environmental Review Coordinator (ERC) will provide final approval for the completion of the implementation of mitigation measures. The ERC will appoint a Mitigation Compliance Coordinator (MCC) who will be responsible for the actual monitoring of the implementation of the mitigation measures. The MCC will interface with the ERC, the City Engineer, the City Landscape Architect, the Construction Supervisor, and the Construction Inspector(s), all who have some responsibility for the implementation of the mitigation measures, Chula Vista Materials Recovery Facility/Trash Transfer Station Mitigation Monitoring and Reporting Program City of Chula Vista 5'7 ~ ~ '" -E']~ cu:<&,>tE "" . ~ r>: .11' " o '8 o ;;;: ~ 6'. o ... ~ OJ) = 'E o i:>< '" ~ .., = 0: OJ) '2 o .... 'S o ~ = o .~ 1ii OJ) .~ ~ . "3 co.... ..c "2 5 ~ ~ € at!'sol! ._ ._ t:: ~ U>LilO " o o . .~ ~ g:.a,!!J 8 c3'~ .J::..... 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'S o :E = o i .~ ..... .~ :E ro "" ~.9 ~ g ..c E ~'': U .., 8 u ....~t::e of! g, 'gj 0", GJ 0 CJ>QU -@, ~ 8 -5 .S ~ o ,_ gp'" o ~ o .g ~ 0.0 E .9 q 8 e 'O~1;; ~ :5 '60 ~ ~ -a . ~aM~ :a .g '@ B ~ 0 ro e roE", ~a~.s ~ 8 ~ $ 55 5 5o.s ~ ro ro -;;:;g"O~ -." 0 .9 a e '" '3 C'I:I ""3 o 0.'0 C - ~ B 0 .g c..;;j ~ o '" o i'~ ~ ~ >. bn;g 11 ~.~ ~ E ::: 't:I "" ~ o OJ M s ~ :> '" ]1 u ..... o C U o o ." o o 0. oS " ,52 OJ '" ~ ~ ~ ~ f-o ] ~ ~ ~ ~~ c~ =t:L.. .- "" ~ .S ~t:: c8. ~~ 0'0 ~ ~ ~ gp '" 'I:: '5 .9 ~ 'S ::;:: 0 ",::;:: .~ g :> .g '" "" '3 .,::: '" ,~ u::;:: /tJ/ This page blank. 1c1 ,U RESOLUTION 1486 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING INITIAL ENVIRONMENTAL STUDY/NEGATIVE DECLARATION IS-95-06, ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM, MAKING FINDINGS UNDER THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA IMPLEMENTATION PLAN/DESIGN MANUAL ADDENDUM, AND APPROVING A SPECIAL lAND USE PERMIT FOR THE ESTABLISHMENT OF A MATERIALS RECOVERY FACILITY/TRASH TRANSFER STATION AT 1855 MAXWEll AVENUE WITHIN THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA Whereas, the John Sexton Sand and Gravel Corporation ("Developer") desires to develop a trash transfer facility (the"Project") at 1855 Maxwell Road (the "Site") within the Otay Valley Road Redevelopment Project Area; and, Whereas, the site is located within an I-P (IndustriallPrecise Plan) zone and the project requires a Special Land Use Permit in order to be developed within that zone; and Whereas, the Otay Valley Road Project Area Committee noticed and held a public meeting on March 18, 1996 to consider the project, made the requisite findings and recommended that the Agency approve a Special Land Use Permit for the project including certain conditions; and, Whereas, the Agency duly noticed and held a public hearing on the requested Special land Use Permit on March 19, 1996, and all protests, if any, to the approval of a Special land Use Permit in the manner herein contemplated, were made and received at said public hearing, and no convincing objections to the proposed transaction were found to exist; and, Whereas, Initial Environmental Study IS-95-28, of possible adverse environmental impacts of the project has been conducted by the Environmental Review Coordinator who concluded that there would be no significant environmental effects' and recommends Negative Declaration IS-95-28 be adopted; Whereas, the Redevelopment Agency is requested to review and adopt the Mitigation Monitoring and Reporting Program; and Whereas, the Redevelopment Agency is also requested to make Findings under the Otay Valley Road Redevelopment Project Area Implementation Plan/Design Manual Addendum. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA does hereby find, order, determine and resolve as follows: Section 1. to adopt Negative Declaration issued under IS-95-28. Section 2. to adopt the Mitigation Monitoring and Reporting Program. /53 Resolution 1486 Page 2 Section 3. to make the following Findings under the Otay Valley Road Redevelopment Project Area Implementation Plan/Design Mar.,ua/ Addendum: a. The Proposed Special Land Use Permit does not constitute a substantial detriment to the Project Area or adjacent areas in that it is compatible with surrounding uses. b. The proposed Special land Use Permit generally promotes the orderly physical and economic development of the Project Area in that its continuance contributes to the local economy by providing a needed service. c. The proposed Special Land Use Permit is generally consistent with the townscape/planning and urban design objectives of the Implementation Plan/Design Manua/ Addendum, and contributes to the amenity of the Project Area in that the project must implement any requirements related to landscaping, exterior structural alterations, etc. Section 4. to approve a Special Land Use Permit for the establishment of a Materials Recovery Facility/Trash Transfer Station on the property location at 1855 Maxwell Road, Chula Vista, California on the following conditions: This special land use permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any condition of approval shall cause this permit to be reviewed by the City/Agency for additional conditions or revocation. The Applicant/Developer shall: Plan nino Department 1. Construct and operate the Project as described in the application and adjoining plans, or as amended in this conditional approval. 2. Comply with and implement all plans and conditions of the Design Review Committee as approved pursuant to DRC-96-20. 3. Comply with and implement all Mitigation and Monitoring Measures as listed in IS-95-28. 4. A minimum of two months prior to the opening of operations, develop and submit to the Zoning Administrator for review and approval an on- and off-site clean-up program. 5. Limit the hours of operation to: A. 5:00 a.m; to 10:00 p.m. (with no deliveries before 6:30 a.m.). Mondays through Fridays; and B. 6:00 a.m. to 10:00 p.m. (with no deliveries before 7:30 a.m.). Saturdays and Sundays. /5l{ Resolution 1486 Page 3 Police Department 6. At least one month prior to the opening of the Project, schedule a security evaluation of the Project with the Crime Prevention Unit of the Police Department and implement any suggestions resulting from said survey, to the satisfaction of the Chief of Police. Submit written proof of compliance to the Director of Planning prior to opening of the project. 7 . To the satisfaction of the Chief of Police, provide additional lighting to that shown on the site plan at the following locations: Gate C, truck parking area, drop-off area, northwest parking, overflow parking, gate house, self- haul staging area, west parking, truck staging area, scales, grinder/shredder or on the perimeter of the property. Enoineerinq Division, Public Works Department 8. Pay, comply with or otherwise implement the following to the satisfaction of the City Engineer: A. Pay the following fees: i. Sewer connection ii. Traffic signal iii. Public facilities Development Impact Fees B. Dedicate a half width of 36 feet along the Maxwell Road frontage. C. Install two (2) 250 watt HPSV street lights on Maxwell Road. D. Install curb, gutter and sidewalk on Maxwell Road. E. Provide sufficient asphalt paving to provide a half-width of 36 feet on the east side of Maxwell Road. F. Obtain all necessary grading permits G. Obtain an encroachment permit for the monument sign in the public right-of-way. School Districts 9. Prior to issuance of building permits, pay all school fees to the satisfaction of the Sweetwater Union High School District and the Chula Vista Elementary School District. /55 Resolution 1486 Page 4 Fire Department 10. Prior to the submittal of building permit applications, review the project with the Chula Vista Fire Department and implement their suggestions, to the satisfaction of the Fire Marshal. 11. Install fire hydrants at locations and of a type satisfactory to the Fire Marshal. 12. Install fire hose stations at locations and of a type satisfactory to the Fire Marshal. 13. Install fire extinguishers at locations and of a type satisfactory to the Fire Marshal. 14. Install a Knox Box or key gate switch to the satisfaction of the Fire Marshal. Miscellaneous 15. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from: A. City's approval and issuance of this Special Use Permit, B. City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and C. Applicant's installation and operation of the facility permitted hereby. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this Special Use Pennit where indicated, below. Applicant'sf 9perator's compliance with this provision is an express condition of this Special Use Pennit and this provision shall be binding on any and all of App!icant's/operator's successors and assigns. Execution and Recordation of Resolution of ADProval 16. The property owner and the applicant shall execute this document by signing the lines provided below before a notary public, said execution indicating that the property owner and applicant have each read, understood /50 Resolution 1486 Page 5 and agreed to the conditions contained herein, Upon execution, this notarized document shall be recorded with the County Cleik of the County of San Diego, at the sole expense of the property owner and/or applicants, and a signed, stamped copy returned to the Planning Department. Failure to return a signed and stamped copy of this recorded document within thirty days of recordation to the Planning Department shall indicate the property owner's/applicant's desire that the project, and the corresponding application for building pennits and/or a business license, be held in abeyance without approval. Submitted by Approved as to Form -r~~ ~ Chris Salomone Community Development Director Bruce M. Boogaard Agency Counsel IBBIC:I WP51IAGENCYlRESOSIMRF-TISl.RES] 1:57 This page blank. /51 REVISED 3/18/96 RESOLUTION 1487 AGENCY: ITEM 3a,b RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING PLANS AND ENTERING INTO AN OWNER PARTICIPATION AGREEMENT WITH JOHN SEXTON SAND AND GRAVEL CORPORATION FOR THE DEVELOPMENT OF A MATERIALS RECOVERY FACILlTY/TRASH TRANSFER STATION AT 1855 MAXWEll ROAD WITHIN THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA WHEREAS, John Sexton Sand and Gravel Corporation desires to develop a trash transfer facility ("Project") at 1855 Maxwell Road ("Site") within the Otay Valley Road Redevelopment Project Area; and, WHEREAS, the Site is located within an I-P (IndustriallPrecise Plan) Zone and the proposed project requires a Special Land Use Permit for construction in that zone; and WHEREAS, the Developer has presented plans for development to the Otay Valley Road Project Area Committee (PAC) and the Design Review Committee (DRC); and, WHEREAS, said plans for development have been conditionally recommended for approval by Gaia CSffiffiittees ~ry~~~~; and WHEREAS, the Agency has adopted Negative Declaration IS-95-28 and the Mitigation Monitoring and Reporting Program issued on the Project and has approved a Special Land Use Permit for the Project; and, WHEREAS, the Agency hereby approves the development proposals as conditioned by Project Area Committee and Design Review Committee; and, WHEREAS, the Agency desires that said development proposal be implemented and completed as soon as is practicable. NOW THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA does hereby find, order, determine and resolve as follows: Section 1. The Owner Participation Agreement, on file in the Office of the Secretary to the Redevelopment Agency known as document RACO-xx-96, entered into between the Agency and John Sexton Sand and Gravel Corporation, is hereby approved. Section 2. The Chairman of the Agency is hereby authorized to execute said Agreement. PRESENTED BY: APPROVED AS. TO FORM BY: ~-~ Chris Salomone Community Development Director Bruce M. Boogaard Agency Counsel [BBIC:WP51 lAG ENCYIRESOSIM RF- TTS2,RES] This page blank. /00 CITY COUNCIL/REDEVELOPMENT AGENCY AGENDA STATEMENT Item No. Meeting Date 3/19/96 3~ ITEM TITLE Resolution - Approving Solid Waste Flow Control Agreement with John Sexton Sand and Gravel Corporation in conjunction with the Development of a Transfer station and Materials Recovery Facility at 1855 Maxwell Road SUBMITTED BY Deputy city Manager Krempl city Manager itf& 4/5 Vote: Yes No-1L REVIEWED BY John Sexton Sand and Gravel Corporation (Sexton) has been working with the City on the planning, permitting, siting and development of a solid waste transfer station/material recovery facility (MRF) in Chula vista. This effort has been ongoing since they responded to an RFP in February 1994. A companion Redevelopment Agency item addresses the discretionary land use permit issues pending before the Agency. In the Fall of 1995, Sexton requested a flow commitment from the City of Chula vista as a guarantee so as to be able to proceed with project financing, site acquisition and construction. This report addresses that flow agreement proposal. While Sexton and the city are in agreement on most of the terms of the agreement, there were a couple of points of disagreement discussed later herein. The language of the draft agreement attached represents staff's final position. RECOMMENDATION: It is recommended that Council continue this item for 90. days pending further information about the County System and other alternatives. If council wishes to act on the flow agreement, the alternate recommendation would be to approve the. agreement with the herein described walk away provisions prior to site acquisition and construction of the transfer station. BOARD/COMMISSION RECOMMENDATION: N.A. DISCUSSION Negotiations have been ongoing with Sexton over the past five months on the terms and conditions of a flow control agreement. The city team during the discussions has consisted of the Deputy city Manager, Finance Director, conservation coordinator, city Attorney and, from time to time, Mr. Tom Vence of Brown, Vence and Associates, our outside consultant. During the course of the many meetings and discussions, most issues have been satisfactorily resolved but a few policy issues require specific council direction. A central issue too is the timing of entering into any flow agreement and under what circumstances and conditions. /&1 This report will summarize and discuss the main points of the draft agreement, the issues of disagreement, and choices with regard to how to proceed. A. MAJOR POINTS OF THE AGREEMENT AGREED TO BY STAFF AND SEXTON 1. The original agreement, entered into between the city and Sexton in September 1994, to pursue permitting of the transfer station, is superseded by this agreement. 2. Following execution of this agreement, Sexton is to execute the Hazard property site acquisition option. 3. Sexton has a duty to obtain permits, acquire the site, and construct the MRF at their cost and expense. 4. Sexton has a maximum of 18 months from execution of this agreement to obtain permits, acquire the site and construct the facility. That period may be "tolled" by any third party litigation for up to an additional 18 months or longer, if needed, to settle the litigation should the county tip fee be lower than Sexton" s proposed tip fee. 5. The term of the agreement is an initial 10 years with an automatic 10 year extension unless either party gives notice not less than one year prior to the expiration of the original terms of their intent to terminate. During the extended term, the city can terminate the agreement at any time with 18 months' notice. This provision gives the City the ability to go out with an RFP after the initial term and flexibility during the extension period. 6. Performance criteria are established for the ongoing operation of the facility with remedies to cure and the ultimate ability of the, city to terminate the agreement if performance continues to be unsatisfactory. Performance criteria include the following: time frame for trucks to move through the facility, hours and days of operation, acceptance of 100% of conforming, non- hazardous waste from Chula vista residents and businesses, record keeping, exclusion of hazardous waste, diversion for mixed waste, and priority at the facility for the city's waste. As to priority, first priority would be given to the city and its franchised hauler. Second priority will be given to a business or individual resident's disposing of waste other than by our franchised hauler, and third priority would be given to those delivering waste from outside the city. : ~ /&~ with regard to diversion, the state Permit for the facility will require not less than 15% recycling or reuse so as to help meet our overall AB 939 recycling mandates. The agreement encourages maximum recycling to the extent economically feasible. 7. The city obligates itself to deliver its solid waste stream to Sexton to the extent legal. 8. Sexton indemnifies the City against any loss incurred as a result of Sexton's operation of the facility. In addition, Sexton will try and dispose of the waste at a landfill that will indemnify them and us from all liability and remediation costs eligible for recovery under RCRA or CERCLA. Solid waste will only be disposed of at a landfill site which meets the most stringent environmental protections; that is a landfill which meets subtitle "0" requirements. 9. The initial tipping fee proposed by Sexton is $45.13. If at the time actual contracts are negotiated, the original proposed costs for transportation and landfill disposal can be reduced, then the City benefits by 60% and Sexton benefits by 40% in such decreases and savings. 10. The city negotiated assurances of maintaining the lowest possible rates compared to most other users of the transfer station through a number of controls. No other City using the facility will pay a lower tip fee than Chula Vista. If Sexton owns a collection contractor, Chula vista receives their price. Large volume private disposal contracts would not be charged less than we would. Finally, we would benefit from the average tipping fees charged to all customers during the previous 6 months. 11. During the operational term, the city has the right to review subsequent transportation and disposal contracts. If the city is able to secure transport or disposal commitments lower than those presented by Sexton, then Sexton must enter into contract negotiations with such entities. The terms between the Sexton and city alternate, if there is one, should be generally similar. If there is a disagreement as to the comparable provisions which Sexton believes is still to their disadvantage, the matter can be taken to binding arbitration. If there are resultant decreases in future transport or disposal contracts, the city benefits by 60% of the reduction and Sexton by 40%. It has been further /!- {103 clarified that fees are paid only on the tonnage that is actually transported or disposed of and not the tonnage tipped into the transfer station. 12. Facility Construction and other fixed cost components are not subject to any adjustment during the contract term. For the variable cost components, the agreement states they shall be adjusted annually by the change in C.P.I. for the San Diego Region. Adjustments are capped at not to exceed 5% unless the C.P.I. exceeds 9% in anyone year, in which case the increase above 9% is then passed through. with the breakdown of the total costs into the various components, the limitation on fixed cost adjustments and the review and approval of transport and disposal contracts, staff was comfortable in supporting an automatic C.P.I. pass-through. 13. city customers delivering acceptable recyclables to the facility can do so without charge. 14. Sexton shall pay the City a service fee over each ton of waste delivered to the facility other than from the city, its agents or franchised hauler. The fee shall be 6.65% of the tipping fee. At the initial proposed fee of $45.13, this would equate to $3.00 per ton. 15. A formula has been negotiated giving the city, and providing the ratepayers, extra revenue on a sliding scale based on being able to market additional tonnage growth to the facility. B. ISSUES OF DISAGREEMENT There are two main issues of disagreement with Sexton, of which one is a money issue and the other is a timing issue. 1. Facility Service Fee (Host Fee) Sexton and the city have agreed that Sexton shall pay the city a monthly service fee for each ton of waste received at the Facility, except for waste generated by city facilities and waste delivered from Laidlaw, as our franchised hauler. Sexton has proposed a one dollar per ton service fee and contends that that is the maximum they can afford to pay and still keep their rates competitive. The one dollar is folded into their initial price of $45.13. city staff has taken the position that the service fee should represent 6.65% of the tipping fee as established in the agreement. Based on the initial rate of $45.13, this would amount to three dollars per ton. The amount of ~ IL/I revenue difference at the start of operation would be about $14,500 annually based on Sexton's proposal and $45,000 annually based on the city's proposal. In years 3-5, the amounts would be about $192,600 and $600,000. The amounts would change respectively when the facility is operating at full capacity from $335,000 under the Sexton service fee proposal to $1,000,000 annually under the city service fee proposal. This assumes a constant tipping fee and increasing volume. As the tip fee increases, the service fee would increase even more. 2. Timing and Conditions of Agreement Sexton and the City disagree over what is termed the "back out" or "walk away" provisions. Sexton would like the agreement, and thus the relinquishment of the City's flow rights, to become effective immediately upon execution of the agreement by both parties. The City has drafted the ability to walk away from the agreement and reimburse Sexton for out-of-pocket expenses at a couple of key points in time. The walk away points would be prior to the facility being permitted by the State, prior to site acquisition and prior to construction of the facility, with 30 days' notice by Sexton prior to each event. This process would give the city additional flexibility to determine if the transfer station is still the preferable and most cost effective long-term option. The current amount owed Sexton as of March 1996 is $280,000 should the City decide to walk away prior to permits being approved by the State. Should the city decide to walk away subsequent to State permits being approved but prior to rate acquisition, the cost could be up to an estimated $365,000. Should the city decide to walk away after permits are issued and after the site is acquired but prior to construction, the cost could be an estimated $2,300,200. - Enclosed for Council consideration are further statements from Sexton, Hazard and Amcor's representative as to why the walk away provisions should be deleted and the flow agreement executed and why the host fee should be reduced (Exhibits A-C). 3. Additional Choices As to How to Proceed a) continue the Flow Agreement Another option to the walk away provisions would be to continue the flow agreement for some period of time, say 60 or 90 days. As Council is aware, the County is in the process of negotiating a buyout of X- I/.,5 the NCRRA plant and has advised that the tip fee will be reduced to $40/ton on July 1, 1996. The pending lawsuit by the 9 cities against the County may also be close to resolution. 'Laidlaw has developed a prototype "pod" truck system which could allow the city to transport its waste out of County without a transfer station and is developing a financial proposal to the City therewith. (See attached letter from Laidlaw dated March 13, 1996, Exhibit D.) Finally, a major manufacturer who might use paper fiber material which would be recoverable from a transfer station is still assessing its locational needs and the possibility of locating in San Diego County. The transfer station permitting by the State is still estimated to take about another 180 days. As always, it is a dynamic process. b) Approve the Agreement Obviously, executing the flow agreement at this time without walk away terms or a continuance is likewise an option but would inalterably commit the city to develop the transfer station. From Sexton's point of view, they have spent considerable time and effort in the planning and processing of the request and desire to build and operate the facility. The R. E. Hazard Contracting Company, the transfer station property owner, has also been more than patient holding the land for which they thought an option would have been exercised last Fall, with a close of escrow this Fall. On the other hand, Sexton is guaranteed of being reimbursed for out-of-pocket costs of up to $250,000 plus a $90,000 management fee under the current agreement. . Sexton and the City have both continued to negotiate in good faith up to this point on the joint assumption the transfer station will happen. The new developments by the County and Laidlaw have materialized only in the last few weeks. Thus, approval of the agreement with no contingencies is not recommended. C. DENY THE AGREEMENT The agreement could be denied or direction given to renegotiate. As staff supports the content of the agreement and it could offer a number of .economic and other advantages to the city, there may not be any reason to simply deny the agreement. j{... I ~& FISCAL IMPACT: The transfer station offers the city flexibility and an option to the existing county System which is not easily quantifiable. The tip. fee proposed, $45.13, is currently $2. 37/ton less than the county tip fee of $47.50. However, the County tip fee is proposed to go down to $40/ton on July 1, 1996. The ability of the County to retain fees at that level and for what period of time is unknown. The agreement provides a service fee to the City of between $45,000 per year to $1,000,000 per year over the 10 year term, as operational capacity of the facility is achieved. Revenue sharing for certain excess tonnage which might be delivered to the facility could generate an additional $6,000/month average to the City at some unknown point during the contract term. Once a flow agreement takes permanent effect, the city will be committed to the transfer station's construction, operation and use. The walk away rights stipulated in the agreement could cost the City $280,000, up to $365,000, or up to $2,300,200, depending upon whether the walk away is exercised now, after permits are issued but prior to site acquisition, or after site acquisition but prior to construction. x (~7 This page blank. /&~ Mar. 14,1996 1:07PM JIJ.J1N SEXTON CONTRCTR No, 9870 p, 2/6 JOHN 5EXTON SAND & GRAYEl CORP. 1815SixJlhWoIfRoati HiIkide, 1li11lis60/62-2195 101J.44P-1250 FAX: 70H49-0r77 @1Ii..h.I.<v<\Idr... ~exton EXHIBIT A March 14, 1996 The Honorable Mayor Shirley Horton City of Chula Vista 276 Fourth Avenue Chula Visa, California 91910 Dear Mayor Horton: City Staff has kindly allowed Sexton to attach to its staff report this letter regm:ding the proposed solid waste transfer station/material recovery facility to be located at 1855 Maxwell Road on land now owned by RE. Hazard Contracting Co. The contract being offered for yollJ' consideration, termed a "flow control agreement" by City Staff; considers that the City of Chula Vista would commit to direct the solid waste under the control of its franchise agreement to the proposed facility, and that Sexton will be completely responsible for all costs ofIand acquisition, permitting, construction, and operation of the proposed facility. While negotiations have been lengthy, your Staffhas worked diligently tx:J come to a fair and well-negotiated agreement while protecting the best interests of the City ofChula Vista. We would appreciate your review and consideration of two issues which remain unresol,:ed between Sexton and City Staft: The first item re1ate& to what has become known as the "walk- away" provision. This provision was included in a previous agreement betw~ Sexton and the City wherein Sexton was charged with only siting, design, and pennitting of a facility - but not ownership. In the context of a publicly owned facility, that concept was appropriate, However, City Staffhas attempted to move thiswa1k-away concept to the current agreement where, in our view, it is inappropriate. Sexton is committing its own capital to land acquisition, permitting, construcpon, and opaauon of the facility. !fit is to make that commitment, it needs certainty that the agreement with the City is firm, 1&1 Mat It 1996, 1:07PM JOHN SEXTON CONTRCTR No. 9870 P. 3/6 ,Page Two , ' , , The walk-away provision has cl.l1Tently complicated any relationship that can be negotiated between Sexton and Hazard relating to Sexton's purchase of the property. A letter from Hazard is included for . YOUl" information reganling those concerns. We sincerely believe that the agreement as proposed by Sexton more than adequately protects the City for the next twenty year period trom the previously unpredictable fluctuations in tenus and pricing of its nearest solid waste disposal alternative. The second and equally important item relates to the "facility service fee," Sexton recognized early in this process the conec:pt of paying such fees to the c<;>mmunity in which privately owned and operated facilities are cons1ructed, and proposed to pay to Chula Vista $1 for each ton of waste received by the facility which is not dcliverc:d under the City's franchise agreement. We have estimated this volume to be in the range of 600 tons per day. This represents an annual fee of approximately $160,000 to $170,000 1:9 be paid to the City by Sexton. Throughout our negotiations, City Staffhas maintained a position of ~uesting payment at an amount of $3 for each ton delivered. The actual impact of this differenc~ presents to Sexton and its business . associate, Am.cor~ an unacceptable busmess risk, We have advised the City ftom the beginning oftliese negotiations tlu\t the $1 per ~on fee is reasonable and acceptable and has always been calculated in Sexton's flD.ancial projections. A $3 host fee might necessitate a higher tip fee which places the facility at a competitive disadvantage. It is in the best interest of both the City and Sexton to aUract o~ide waste to this facility. The $1 fee proposed by Sexton is the level at which we believe this facility can attract' sufficient outside wasteflows.When considered with other financial incentiv~ provided to the City, the $3 per ton fee requested by City Staff is excessive in ow: view. 'Included for 'your infonnation is II letter from Amcor describing its concerns with regard to the facility' service fee issue. (,10 Mat It 1996 1:08PM JOHN SEXTON CONTRCTR No, 9810 P. 4/6 Page Three Sexton and Amcor would appreciate your consideration and allow the contract to be Q:c:cuted at a fair fac11ity serVice fee of$1 per~. We appreciate your consideration and we thank CitY Staff for the opportunity to provide this information to you. ay,nw~ Ira Ohen President , Chief-Operating Officer , jn att. 00: Scott Alevy . John Moot . Stephen Padilla Jcny Rindone " I , . II! , This page blank. /}V MAR-14-1996 10:16 FROM R.E. HAZARD TO 5855612 P.02 EXHIBIT B R.E. HAzARD CONTRACTING COMPANY. ENGINEERIN~ e. ~.r;, ~ONTRACTORS Man:h 14, 1996 ,~w.) INCORPORA18J 1926 Mayor Shirley Horton and Members of the Chula Vista City Council 276 Fourth Avenue Chula Vista, CA 91910 Dear Mayor Horton and City Council Members: Our Company has been in negotiation for the sale of our property since December, 1994. We have negotiated with the City in good faith during this period and have not :received a defmitive, binding purchase agreement. On December 22, 1994 we received a draft of a Letter of Undersmndi1\g with the City as a prelude to a finalized option and purchase agreement. The Letter of UnderstJlnding in its final form was dated April 25, 1995 and signed by Mr. Hazard on April 27, 1995. When Mr. ~ signed this Letter of Understanding he believed this transaction would be accomplished in a fair and equitable manner with the City. Subsequently, the City had 10hn Sexton Sand and Gravel Corporation commence additional negotiations with our Company which have continued to this date. Meanwhile, the City has commenced those studies, design reviews, etc. that are associated with ownership of property. Relying on the good faith of the City, Hazard has oot only suffered an economic disadvantage by holding marketable property off the market without an agreement, but it must now deal with the uncertainty of whether this project will ever go forward at all. It is time for the city to act in a more business like manner and complete its commitment to the R.E. Hazard Contracting Company. In order to do this, the City must either enter into a biDding agreement directly with the R.E. Hazard Contracting cOmpany or, if Sexton is going to be the City's agent, then the City must ellter into a binding agreement with Sexton that cannot be terminated so that our Company can have a binding agreement with Sexton. The R.E. Hazard Contracting Company is not willing to extend itself any further. We have been patient during this whole process beCause we thought that the City and Sexton were close to J11a Idog a binding agreement. The insistence by the City that it be allowed to terminate the agreement with Sexton at any time makes negotiations and any agreement with Sexton absolutely unacceptable to our Company. Very tmly yours, R.E. HAZARD CONTRACTING COMPANY ,e1J,~~ ~ j R.D. Executive Vice President cc: Sexton Sand &. Gravel 11b\1996lhollOD.m!4 _.~ 6465 MARlNDUSTRY PLACE P.O. BOX 22901X1 SAN DIEOO. CAUFORNIA 92192 (SiS! 587-;360) TOTAL P. 02 /73 This page blank. (7f I Mar. 14, 1996 1:09PM JQHN SEXTON CONTRCTR sggCONSULT' 110, 9870_P. 6/6 .. FaxATIN.: Ira Cohen EXHI BIT C Number of pages;'" 1 .. " From: Stewart G. Gordon Fax Number: (203) 661-4051 D,a!e: 0311.3196 Phone Number: 203 622-0e&4 Re: Transfer station- AMCOR ISSUE RESPONSE Just spoke with Amcor - while I'm still waiting to learn their new timetable for filing an Initial $!udy - I got a surprisingly concerned reaction to the host fee issue. It seemed to fall on 2 issues _ 1. Their Board must approve the Transfer Station investment and they viewed this High Host Fee as financially undesirable both due to higher costs but also due to lower volumes (revenues) thN the Station'" related financial negative. 2. They were equally concerned lhiit an unrealistic Host fee would reduce " volume thru the T.S. and would make it an even lower source of fibre for a mil/. ,. .. /15 ... , .. This page blank. .;1~ 8888881 EXH1 BIT D LAIDLAW WASTE SYSTEMS i+'F! I 4 . Ii \ 1('\0'" 'J~,b March 13, 1996 96-LWS-1022 George Krempl Deputy City Manager City of Chula Vista 276 Fourth Avenue Chula Vista, CA 919IO Dear Mr, Krempl, Thank you and City Stafffor joirung us at our facility on Februaty 9, 1996 for a demonstration of our "detachable body" or "pod" system. As you know, we have been researching and developing this system for some time as this service option can provide the City with long term and low cost disposal security, On February 22, 1996 I received your request for Laidlaw Waste Systems to provide the City with full cost proposals for implementing the pod system, As we have discussed, Laidlaw is preparing proposals for the various scenarios requested by you as follows; I, Implementing the pod system as soon as possible, 2, Phasing the pod system in over a specified period (approximately 2-4 years), 3. Combirung the implementation of the pod system with the implementation of Automated Residential Refuse Collection, We are adhering to your schedule to provide the proposals within thirty to forty-five days so that Staff can give them the appropriate consideration, In order to respond to your request to include multiple disposal sites and automated residential collection and to ensure that Our proposals provide the City with the flexibility of utilizing the lowest cost disposal options, we are working with numerous outside parties and numerous options, On Tuesday, March 19, 1996, the City Council will consider entering into a ten year flow control agreement. I respectively request that this item be continued until Staff and the City Council have been able to fully evaluate Laidlaw's pod system proposal. Upon consideration of our proposal, we are certain that our options wil1 provjde the City with cost effective and environmentally appropriate waste disposal services for Chula Vista generators, It doesn't make sense to enter into a ten year flow control agreement until Staff has had the benefit of considering our proposal. /77 P,O. BOX 967 . Chula Vista, California 91912 . (619) 421-9400 . FAX (619) 421-0841 Recycled Paper Page 2 There are scenarios where the "pod" system may be the appropriate option for providing Chula Vista residents and businesses with cost effective collection and disposal service. There are also opportunities to provide more fiber for recycling through Laidlaw's curbside recycling and commercial recycling programs. As your long-term local service provider and partner, I appreciate your consideration of our request to continue a decision on the flow control agreement until our proposal is considered, \~ Daniel p, Higgins General Manager Laidlaw Waste Systems, Inc, /jw 171 March 14, 1996 Agreement for Transfer Station and Materials Recovery I. Parties The parties to this transaction are: A. Sexton. John Sexton Sand & Gravel Corp., an Illinois corporation, whose principal place of business is Hillside, Illinois (herein, "Sexton"); and, B. City. The City of Chula Vista, a municipal chartered corporation of the State of California (herein, "City"). II. Date. This agreement is made this _ day of , 1996 for the purposes of reference only, and effective as of the date last executed between the parties. III. Recitals. A. The City desires to assure its residents of long term, efficient trash disposal and recycljng services; B. The County solid waste enterprjse has been rendered economically unstable as a result of the NCRRA Solid Waste Recycling Facility; C. Sexton has offered to capitalize and operate a trash transfer station and materials recovery facility if it can have assurance of solid waste to process; D. City is willing to gjve assurances of delivery of solid waste, to the extent legal, if it can have assurances of effective trash disposal and cost effective materja[s recovery to meet waste stream reduction goals of the City. NOW, THEREFORE, THE PARTIES HERETO DO HEREBY AGREE, FOR THE MUTUAL PROMISES AND CONSIDERATION HEREIN PROVIDED, AS FOLLOWS: //7f IV. Definitions. A. "Original Agreement" means that agreement dated July 19, 1994, entitled: "Agreement with John Sexton Sand & Gravel Company for Site Selection, Permitting Services and Conditionally Optional Transfer Station Operating Agreement," Executed between City and Sexton. " B. "Site" means that approximately 10.8 acre parcel of property currently owned by R. E. Hazard Contracting Company located at 1850 Maxwell Road, Chula Vista, and more particularly described on Exhibit A. C. "Hazard Option" means that offer of option Sexton has negotiated with R.E. Hazard Contracting Company, the fee owner, to acquire the fee title to the Site pursuant to that offer of option entitled" Option Agreement and Joint Escrow Instructions," a copy of which is attached hereto as Exhibit B. D. "Specifications" means the specifications for the construction of the Facility heretofore prepared by , dated , and on file in the office of the Planning Director, a footprint layout of which is attached hereto as Exhibit C. E. "Facility" means a transfer station and materials recovery facility constructed at the Site. F. "Mixed Solid Waste" means all non-source separated residential, commercial, institutional and industrial, non-hazardous and non-infectious putrescible and non- putrescible solid and semisolid wastes, including garbage, trash, refuse, rubbish, industrial wastes, demolition and construction wastes. G. "Franchised Hauler" means all haulers of Mixed Solid Waste to which City has issued a franchise or issues a franchise to during the term of the agreement. For purposes of this Agreement the term "Franchised Hauler" includes the City, in the event the City discontinues the use of a private hauler and collects or hauls Mixed Solid Waste itself. H. "Qualified Customer" means (1) a Franchised Hauler tendering Mixed Solid Waste or Recyclables for disposal or recycling at or by the Facility originally generated from a generator in the City, or (2) a business or individual resident of the City tendering for disposal at the Facility Mixed Solid Waste or Recyclables generated in the City. I. "Recyclables" means those commodities the City currently collects in its curbside, multi-family and yard waste recycling collection programs at the time this agreement is executed, a list of which is attached as Exhibit D. Both parties shall meet and confer in good faith to amend the list upon request, Sexton shall not unreasonably prevent the addition of a material for which a market(s) has been identified. ;/ I!t) J. "Non Conforming Waste," includes hazardous, extremely hazardous, acutely hazardous, infectious substances and wastes, (as those terms are defined by applicable federal, state or local laws or regulations), and/or combination of wastes, which because of their quantity, concentration, or physical, chemical or infectious characteristics may pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of, or otherwise managed. Non- Conforming Waste shall not include "household hazardous waste" (as defined in California regulations) which is incidental to a load of Mixed Solid Waste. K. "Economically Feasible," when applied to diversion standards means that the net market value of a commodity or group of commodities is equal to or greater than the combined costs of transportation and disposal. L. "Commence Construction," means the intent to proceed with construction in accordance with a duly issued building permit for the Facility. V. Obligations A. Termination of Original Agreement. The Original Agreement is terminated and superseded by this agreement. B. Duty to Obtain Permits, Acquire Site and Construct Facility Simultaneously with the execution hereof, Sexton shall, at its sole cost and expense, (i) execute the Hazard Option, (ii)commence and continue to use good faith and best efforts to apply for and obtain permits from the California Integrated Waste Management Board and such other final, non-appealable permits from such agencies, including the City, as are necessary to construct and operate the Facility at the Site consistent with the terms of this agreement ("Permits") and the Specifications, and (iii) after issuance of a building permit, Commence Construction of the Facility which is capable of processing 1800 tons of Mixed Solid Waste per day, and to diligently prosecute the construction thereafter, and complete construction and make the Facility operational pursuant to the Specifications submitted by Sexton. If Sexton fails to fulfill all of the obligations within 18 months of the date of this agreement, the remaining rights and duties of the parties under this agreement shall be terminated; provided however, prjor to such termination the parties shall make a good faith effort to renegotiate the terms of the agreement; provided further, if third party litigation relating to the Site, the Facility or the Permjts is instituted during such 18 month period, such period shall be extended for 18 months or until the litigation is sooner resolved by final judgment or settlement. If at the time of any third party litigation relating to the site, the tip fee offered to the City by the County/Solid Waste Authorjty is lower than Sexton's proposed tip fee, the litigation period shall be extended until the litigation is resolved. / 11/ C. Rights of the City to Terminate the Agreement Prior to Certain Subsequent Actions by Sexton. [Sexton and the City disagree on these provisions] 1. Duty to Give Notice Sexton shall acquire the site no sooner than 75 days subsequent to final operating permit approval by the California Integrated Waste Management Board. Prior to Site acquisition and prior to construction of the Transfer Station and Materials Recovery Facility, Sexton shall give the City 30 days written notice ("Notice of Option A and Notice of Option B ") to the City Manager and Mayor of their intent to acquire the Site and their intent to commence construction of a Transfer Station and Materials Recovery Facility at the Hazard site, as follows: Sexton Sand & Gravel intends to acquire the Hazard Site not sooner than 30 days after the date of this notice, to wit, on , 1996 (or Sexton intends to commence construction of a Transfer Station and Materials Recovery Facility at the Hazard site to wit, on , 1996.) This notice is being provided under Section V(C)(I) of the Agreement dated entitled: "Agreement for Transfer Station and Materials Recovery". You will have the option, during the next 30 days, to terminate said agreement pursuant to terms of said agreement. Failure to do so within said 30 day period shall constitute a wavier of your right to exercise Option "A." 2. Option A. For 30 days after receipt of said Notice Of Option A, the City shall have the option, exercisable by the City Manager, and upon the City Manager making a finding that the long term costs of disposal and diversion under this agreement are not likely to be in the City's best interests given the known competing market prices for trash disposal ("Option A Findings"), to terminate this Agreement by giving to Sexton notice of exercise of Option A, and by tendering to Sexton thereafter, within 15 days after demand, the following consideration ("Option A Termination Consideration"): a. Option A Termination Consideration: Management Fee, as defined in the Original Agreement, not to exceed $90,000, out of pocket expenses, as permitted to be paid under the Original Agreement, not to exceed $250,000, and site option costs. b. Upon tender of Option A Termination Consideration, Sexton shall deliver to City all of Sexton's right, title and interest in Hazard Option and Hazard Site, all permits acquired to operate the Facility / ;/2/ at the Site (Sexton shall arrange to make all permits for construction and operation of the Facility assignable to City, if Option A is exercised), all design and construction drawings of the Facility, all environmental impact reports or studies of the Facility; and any and all other reports, notes, drawings, or related documents then in possession of, or under the control of, Sexton relating to this Facility Agreement. c. If Option A is not exercised by City as herein permitted, this Agreement shall not terminate at this point, but shall continue in effect. 3. Option B. For 30 days after receipt of said Notice Of Option B, the City shall have the option, exercisable by the City Manager and upon the City Manager making a finding that the long term costs of disposal and diversion under this agreement are not likely to be in the City's best interests given then known competing market prices for trash disposal ("Option B findings"), to terminate this Agreement by giving to Sexton notice of exercise of Option B, and by tendering to Sexton thereafter, within 15 days after demand, the following consideration (Option B Termination Consideration"): a. Option B Termination Consideration shall include the same as Option A Termination consideration, plus the costs incurred by Sexton in connection with acquisition of the Site, including the assumption of any debt incurred by Sexton. (Sexton shall arrange to make the financing for the acquisition of the Site assignable to City if Option B is exercised and without a prepayment penalty.) b. Upon tender of Option B Termination Consideration, Sexton shall deliver to City all of Sexton's right, title and interest in the Hazard Option and Hazard Site, all permits acquired to operate the Facility at the Site (Sexton shall arrange to make all permits for construction and operation of the Facility assignable to City if Option B is exercised), all design and construction drawings of the Facility, all environmental impact reports or studies of the Facility, and any and all other reports, notes, drawings, or related documents then in possession of, or under the control of, Sexton relating to this Facility or Agreement. //13 c. If Option B is not exercised by City as herein permitted, this Agreement shalI not terminate at this point, but shalI continue in effect. D. Term. Sexton shalI, upon completion of construction, and making the Facility operational, and for 10 years thereafter ("Operational Term"), operate the Facility in compliance with the Performance Criteria. The Operational Term shalI be automaticalIy extended for one additional ten year term ("Extended Term") unless, not less than one year prior to the exp iration of the Operational Term, either party gives written notice to the other of its intent to terminate the agreement at the end of the Operational Term. The City shalI have the continuing right during the Extended Term to terminate this agreement by giving Sexton notice eighteen months in advance of the date on which it desires the agreement to terminate. E. Duty to Operate. Sexton shalI operate the Facility according to the folIowing performance criteria, and during such time shalI accept all Mixed Solid Waste and Recyclables tendered by a Qualified Customer, according to the performance criteria set forth below: I. Performance Criteria. During the Operational Term of this Agreement, the Facility shalI meet the folIowing criteria ("Performance Criteria"). a. Turn around time. (I) Except for delays caused by driver neglect or driver option, tarpaulin removal, "compactor" unloading, vehicle malfunction, weather, or off-site occurrences, front, side and rear loading trucks of a Franchised Hauler shalI not be required to spend, on average over a 7 day period, more than 25 minutes on the premises from the time they queue up to enter the premises to the time they exit the premises. (2) The City shalI have the right on the first day of operation and a continuing right to inspect Sexton's adherence to these turn around time criteria. The City shalI immediately notify Sexton of any failure to so perform. / lit! b. Hours of Operation. Hours for acceptance of waste. The Facility shall remain continuously open and available to receive and process Mixed Solid Waste and Recyclables for the hours of operation for the various services set forth in the Special Land Use Permit as approved or amended by the City of Chula Vista. c. Days of Operation. The Facility shall remain continuously open and available to receive and process Mixed Solid Waste and Recyclables on all days during a year except the following days on which Sexton may be closed or operate at their discretion: (1) Memorial Day (2) Independence Day (3) Labor Day (4) Thanksgiving (5) Christmas (6) New Years d. Standards for Acceptance of Mixed Solid Waste. (1) 100% of all Mixed Solid Waste or Recyclables from a Qualified Customer tendered to the Facility shall be accepted and processed. (2) Notwithstanding the foregoing Sexton has the right to refuse to accept, or to reject after acceptance, any load of waste delivered to the Facility if Sexton has reasonable cause to believe the waste contains a regulated quantity of any Non Conforming Waste; provided however, Sexton shall not refuse Mixed Solid Waste from a Qualified Customer for containing incidental amounts of "household hazardous waste" as defined by State of California laws and regulations. If a customer delivers Non-Conforming Waste, Sexton shall immediately notify the customer and identify the Non- Conforming Waste and may, in its sole discretion, either remove and dispose of that waste and charge the customer for the waste. Sexton shall have no recourse against the City for delivery of Non- Conforming Waste unless such waste is delivered directly by the City or from City operated facilities. /' /15 e. Priority Standards. The City and its Franchised Hauler, hauling Mixed Solid Waste and Recyclables generated in the City (under the authority of its franchise) shall have first priority in the use of the Facility for the disposal of Mixed Solid Waste and Recyclables. Other Qualified Customers shall have the second priority in the use of the Facility. Generators of Mixed Solid Waste and Recyclables outside the City shall have third priority in the use of the Facility. f. Diversion Standards for Mixed Solid Waste (1) Sexton shall not accept any Mixed Solid Waste that is not designated by the hauler thereof as having been generated from a specific city or county (or foreign country in the case of Mexico) prior to unloading on the tipping floor. (2) In accordance with the Permits, Sexton will to the extent economically feasible divert from disposal by recycling or reuse not less than 15 % of the Mixed Solid Waste delivered by Qualified Customers to the Facility. Residual Waste may not be sent to a transformation facility without prior City approval. (3) Sexton shall provide the City quarterly with documentation under AB 939 for diversion of City Mixed Solid Waste under a "jurisdiction averaging" or "jurisdiction specific" method. g. Duty to Report and Keep Records Sexton shall keep records with regard to, and provide the City quarterly with such records of the total number of tons of Mixed Solid Waste disposed at the Facility by the City's Franchised Hauler (collected under the authority of its franchise), by other Qualified Customers, and the total number of tons disposed by other customers and the tonnage by each jurisdiction of origin. h. Hazardous Materials No provision herein shall require, or be deemed or construed to require, the a=ptance or processing of Non-Conforming Waste or / II'? of hazardous material or any component of Mixed Solid Waste or Recyclables that contains hazardous material. Nothing herein shall be construed to consider City a transporter or arranger or' generator of hazardous material, except to the extent that such material is delivered to the Facility by the City or is generated at facilities operated by the City. I. Delivery to Disposal Facility. Sexton shall dispose of all Mixed Solid Waste delivered to the Facility by Qualified Customers at a disposal site which meets the criteria of 40CFR258. Sexton shall not enter into a negotiation for the disposal of Mixed Solid Waste with any landfill that operates under the exclusion provisions of 40CFR258. 2. Violations of Performance Criteria. If the City gives notice to Sexton of an alleged violation of any of the Performance Criteria, Sexton shall cure the violation as soon as possible but no later than 120 days from the date of receipt of such notice to cure the violation; provided however, if the required cure is of such a nature that it cannot with reasonable diligence be accomplished within such period, and if Sexton is diligently pursuing the required cure, the 120 day period may be extended at the City's discretion to allow sufficient time to complete the cure. Not less than 7 days after Sexton receives such notice of a violation, at the City's discretion, the City may choose to direct the Mixed Solid Waste collected under its Franchise agreement to another disposal facility during the cure period. At the expiration of the cure period or the extended cure period, the City has the option to terminate the agreement if the violation has not been corrected. F. Indemnity Sexton shall indemnify and hold the City harmless from any loss, expense or expenditure, or other costs, including reasonable attorney's fees and court costs, incurred as a result of Sexton's operation of the Facility ("Covered Act") whether the damage claimed to have occurred is for response (including remediation) costs, property damage or personal injury, except to the extent that any such loss, expense, expenditure, cost or damage results from delivery of materials to the Facility directly by the City or from disposal of materials generated at facilities operated by the City (collectively, "City Waste"). Sexton agrees to defend City at City's option and tender of defense, from any claim, suit, complaint, or other proceedings wherein it is contended that a Covered Act has caused City to be liable for response costs, property damage or personal injury, except to the extent that any such IIt7 claim, suit, complaint or other proceeding results from the delivery or disposal of City Waste. However, not withstanding the foregoing exception, Sexton shall use good faith and best efforts to dispose of the Mixed Solid Waste, after recycling, at a landfill which will indemnify Sexton, the hauler, the City and generators from all liability for response, monitoring and remediation costs that are eligible for recovery under RCRA or CERCLA. In the event that Sexton is indemnified for such costs, notwithstanding the exception to the indemnity for City Hauled waste or City facility generated waste, Sexton shall indemnify and hold the City harmless from any and all such costs, losses, expenses, or expenditures (including attorney fees and costs related to such litigation) in connection with all such Mixed Solid Waste delivered to or through the Facility, and shall upon request for defense and tender of defense by City to Sexton, Sexton shall defend, at their own cost and expense, the City in connection with any litigation or other proceeding wherein such costs are, in whole or in part, sought to be recovered from the City. G. Duty to Direct Mixed Solid Waste. City shall, to the fullest extent allowed by law (including strict enforcement of its waste collection franchise agreement), direct the City's Franchised Hauler to deliver to the Facility all Mixed Solid Waste that said Franchised Hauler collects under the authority of its franchise. In the event the Franchised Hauler fails for any reason to deliver all such Mixed Solid Waste, City shall promptly take enforcement action against the Franchised Hauler. In such event, Sexton will pay all reasonable attorneys fees incurred by the City in such enforcement action. Sexton shall have the right to choose counsel to pursue such action, and any monetary recovery by the City resulting from the action will be paid to Sexton as reimbursement for damages and expenses it has incurred. City may at its option direct Recyclables to the Facility. City and Sexton shall negotiate a price for processing of Recyclables, and if they agree to a price, City shall direct the Recyclables to the Facility. H. Fees Chargeable for Services. 1. Maximum Tipping Fee. Subject to the provisions of this Section, Sexton shall not charge to the City or its Franchised Hauler, for the receipt, handling, processing, transportation and disposal of Mixed Solid Waste, more than the lowest of the following (the "Maximum Tipping Fee"): (a) the average tipping fee per ton charged to all customers (excluding Qualified Customers) for disposal of Mixed Solid Waste during the previous six month period; ~ It! (b) the tipping fee charged to any other city for Mixed Solid Waste generated within its limits and delivered to the Facility by such City or its Mixed Solid Waste collection contractor; (c) the average tipping fee per ton resulting from a calculation of (A) the total tonnage of Mixed Solid Waste disposed at the Facility during the previous six month period (excluding Mixed Solid Waste delivered by the City's Franchised Hauler under the authority of its franchise) divided by (B) the gross revenue of the Facility (less any payments made hereunder by Sexton to the City) during such six month period; (d) the tipping fee charged to a Mixed Solid Waste collection contractor owned by Sexton. (e) Any hauler delivering 5,000 tons of Mixed Solid Waste or greater to the Facility in any 30 day period, Every six months from and after the effective date of this agreement, the Maximum Tipping Fee shall be determined in accordance with this subsection, and the result of such calculation shall be the Maximum Tipping Fee for the next six months. 2. Initial Tipping Fee. During the initial year of the Operational Term and subject to the Maximum Tipping Fee, the tipping fee at the Facility shall be $45.13 per ton ("Tipping Fee"), prorated based on actual weight delivered, adjusted as follows: (a) Lower Initial Landfill Rate. The Tipping Fee shall be decreased by 60% for each dollar less than $ per ton tipping fee which Sexton is required to pay, under its landfill disposal agreement with its operator. (b) Lower Initial Transport Rate. The Tipping Fee shall be decreased by 60% for each dollar less than $ per ton for transportation of Mixed Solid Waste to a landfill which Sexton is required to pay, after rebates if any, under its transport to landfill agreement with its landfill transporter. -( jtfY 7 (c) Components. Solely for purposes of calculating adjustments to the Tipping Fee, the $45.13 Tipping Fee for the first year of operation of the Facility shall be deemed to have the following components consisting of the: (i) Disposal Component, representing $_ of the Tipping Fee; (ii) Transportation Component, representing $_ of the Tipping Fee; (iii) General Component, representing $_ of the Tipping Fee; (iv) Facility Construction and Other Fixed Costs Component, representing $_ of the Tipping Fee, (3) Adjustments to Fee. (a) Sexton has the duty to advise the City of any adjustment in cost of the Disposal Component or the Transportation Component of the tipping fee within 30 days. (b) The City shall have the right to review prior to their execution, the entire landfill disposal and transportation agreements which Sexton desires to enter into for the sole purpose of determining (A) the price to be paid by Sexton under such contracts, (B) the terms relating to adjustment in such price, (C) the term of each contract and (D) indemnification provisions with respect to the initial agreements to be entered into by Sexton. With respect to the initial agreements to be entered into by Sexton, Sexton shall present such proposed agreements to the City not less than ninety days prior to the commencement of the Operational Term and the City shall have twenty days to review such proposed agreements from the date it receives them from Sexton. (c) During the Operational Term and the Extended Term, the City shall have twenty days to review any proposed agreements from the date it receives them from Sexton. (d) If during any such period the City is able to secure commitments from a disposal facility and/or a transporter to provide services at a lower price and with a lower rate of adjustment to the price, Sexton shall enter into good faith contract negotiations with such entities; provided however, each such entity must be fully permitted and licensed to 7" I f() perform its obligations, any disposal site must meet the criteria of 40 CFR 258, and any indemnification must provide no lesser protection to Sexton than under its proposed agreements. All other terms and conditions of any such contract must be substantially the same as those which Sexton desires to enter into. If Sexton and the City cannot agree that such terms and conditions are substantially the same, the parties will submit the issue to binding arbitration. (e) During the Operational Term and the Extended Term, the Tipping Fee shall be automatically adjusted to a level not to exceed the Maximum Tipping Fee, in the manner set forth below, upon presentation to the City and verification by the City within 10 days of receipt of information which requires an increase or decrease under the terms of this agreement. Any adjustment shall be effective on the date on which such evidence is verified, but not less than ten days after receipt by the City. (1) Adjustment to Disposal Component of the Tipping Fee. i) Increases. During the Operational Term and the Extended Term, no increase in the Disposal Component shall be allowed except for an actual increase in the tipping fee Sexton shall be required to pay for the disposal of Mixed Solid Waste under its initial contract for disposal. The increase shall be prorated to apply only to actual tonnage disposed at a landfill. ii) Decreases. If any time during the Operational Term or the Extended Term Sexton obtains a lower rate for disposal of Mixed Solid Waste, the Disposal Component shall be reduced by 60% of the amount of the reduction times a percentage representing the tonnage taken to landfills divided by total tonnage received at the Facility. For example, if the Disposal Component of the $45.13 Tipping Fee is $22.00, and Sexton is able to secure a $20.00 tipping fee during the Operational Term or the Extended Term and 85 % of the intake tonnage is taken to the landfill (15 % being recycled), the Disposal Component of the Tipping Fee shall be reduced by $1.02 per ton, from $22.00 to $20.98. (g) Adjustment to Transportation Component of the Tipping Fee; i) Increases. During the Operational Term and the Extended / ?IP/ Term, no increase in the Transportation Component shall be allowed except for an actual increase in the transportation costs Sexton shall be required to pay for the transportation of Mixed Solid Waste under its initial contract for transportation. The increase shall be prorated to apply only to actual tonnage transported to a landfill. ii) Decreases. If any time during the Operational Term or the Extended Term Sexton obtains a lower rate for transportation of Mixed Solid Waste, the Transportation Component shall be reduced by 60 % of the amount of the reduction times a percentage representing the tonnage transported to landfills divided by total tonnage received at the Facility. For example, if the Transportation Component of the $45.13 Tipping Fee is $10.76 per ton, and Sexton is able to secure a $9.76 per ton transportation charge during the Operational Term or the Extended Term and 85 % of the intake tonnage is taken to the landfill (15 % being recycled) the Transportation Component of the Tipping Fee shall be reduced by $.51 per ton, from $10.76 to $10.25. . (h) Adjustment to General Component of Base Year Tipping Fee. Commencing on the second anniversary of the Operational Term, and continuing for each year of the Operational Term and the Extended Term thereafter, the General Component shall be automatically increased or decreased annually on the anniversary date of this agreement in an amount equal to the percentage change in the Consumer Price Index for the All Urban Consumers (San Diego Metropolitan Statistical Area) as published by the Department of Labor, Bureau of Labor Statistics, during the preceding 12 month period during which such index has been reported, not to exceed 5 % in anyone year; provided, however, in the event such percentage increase exceeds 9% in any 12 month period, the General Component shall increase by an amount equal to 5 % , plus the amount of the increase in excess of 9 %. Sexton shall present the City with documentation from the Bureau of Labor Statistics to evidence the amount of the increase or decrease. (i) Facility Construction and other Fixed Costs Component. During the Operational Term and the Extended Term, no other adjustment shall be allowed in the Tipping Fee for any other component or part. 4. Drop Off Recyclable Services /' 17';?-- Sexton shall accept from any Qualified Customer, Recyclables, scrap metal and mixed paper, without any charge therefor if delivered to the Facility by the Qualified Customer; provided, however, Sexton may, in its sole discretion, refuse to accept scrap metal from scrap dealers, contaminated loads, loads which are not separated, or volumes of more than 1,000 pounds per week from any single source. 5. Scales Testing City or its designee shall have the right upon request to review tests of the scales at the Facility conducted by the appropriate regulatory body, including County Department of Weights and Measures. Sexton shall have the scales tested at least monthly and shall notify the City and report the results as soon as reasonably possible but no more than five days after a scale test has been performed by the appropriate regulatory body. If the scales are found to be in error by recording weight more than 100 pounds above actual weight, Sexton shall make a refund to the City of the amount in excess of the 100 pound margin of error of the tipping fees actually paid by Qualified Customers during the month prior to the date of the scale test. If the scales are found to be in error by recording weight more than 100 pounds below actual weight, the City shall credit Sexton in the amount less than the 100 pound margin for error of the tipping Fees actually paid by Qualified Customers during the month prior to the date of the scale test. Any payments or credits due shall be less the costs of the scale test, shall be reconciled on a monthly basis and shall be due within thirty days of the end of each month. 6. Revenue Sharing Provisions a. Facility Service Fee [Sexton and City disagree on the amount of the service fee] Sexton shall pay City a monthly service fee representing 6.65 % of the Tipping Fee, as established in this agreement for each ton of Mixed Solid Waste received at the Facility other than from the City, its designated agent, or its Franchised Hauler under the authority of its franchise during the month. There shall be no service fee for source separated Recyclables accepted by the Facility which are not disposed of at a landfill or transformation facility. The fee shall be payable without billing 30 days after the end of the month, and shall be accompanied by a report which shows the total tonnage of Mixed Solid Waste generated outside the City which was received for disposal during the preceding month. Such reports shall be certified to the City annually by Sexton's ? If'; outside auditors. b. Productivity Revenue Sharing for Mixed Solid Waste. Within thirty days after the end of each calendar quarter, Sexton service fee to the City, it shall pay to the City, for every ton of Mixed Solid Waste delivered to the Facility by Qualified Customers during the preceding month, which is in excess of 9000 tons per month ("Base Tonnage"), an amount equal to the entire number of tons in excess of the Base Tonnage multiplied by the appropriate amount per ton specified below: Tons Per Month Payment Per Ton 9000 - 11000 11,001 - 13000 13001 - 15000 15001 - 17000 17001 and above $ 1.00 $ 1.25 $ 1.50 $ 1.75 $ 2.00 For example: If 14,000 tons is delivered in a month, the payment will be: (i) $2,000 for the tonnage between 9,000 and 11,000; plus (ii) $2,500 for the tonnage between 11,001 and 13,000; plus (iii) $1,500 for the tonnage between 13,001 and 14,000. I. Miscellaneous Provisions. I. Assignment. Sexton shall not have the right to assign any of its rights under this agreement without the advance written approval of City by and through resolution of the City Council, which approval shall not be unreasonably withheld. 2. City Waste. City shall have the right to dump up to 1200 tons per year without charge of City generated Mixed Solid Waste, including roadside debris. 3. Attorney Fees and Costs. In the event litigation is instituted in order to protect a right or require the performance of a duty herein specified, the prevailing party shall be entitled to attorneys fees and court costs. /' Iff?- 4. Jurisdiction and Venue. The parties agree that this contract shall be governed by the laws of the State of California, and in the event that litigation is instituted by either party, it shall be instituted in the State of California. 5. Entire Agreement. This agreement represents the entire agreement of the parties as to the subject matter herein addressed. 6. Severability. If any non-material provision of this Agreement is for any reason deemed to be invalid and unenforceable, the invalidity or unenforceability of such provisions shall not affect any of the remaining provisions of this Agreement that shall be enforced as if such invalid or unenforceable provision had not been contained herein. 7. Notice. Any notice required or permitted to be provided under this Agreement shall be provided by first class mail, postage prepaid, to the following persons: City: City Manager, with copies to City Attorney and Mayor, City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA. Sexton: John Sexton Sand & Gravel Corp. 1815 S. Wolf Road Hillside, IL 60162 Attention: President Copy to: General Manager of the Facility or such other address either party provides or requires for the providing of notice. 8. Equal participation in drafting. This Agreement shall be interpreted and construed reasonably and neither for nor against either party, regardless of the degree to which either party participated in its drafting. 9. Force Majeure. The performance of this Agreement may be temporarily suspended by either party in the event the delivery or transportation of Mixed Solid Waste by Franchised Hauler or the processing or disposal of Mixed Solid Waste by Sexton are prevented by a cause or causes beyond the reasonable control of such party. Such causes will include, but not be limited to, acts of God, acts of war, riot, fire, explosion, accident, earthquake, flood or sabotage; governmental laws, regulations, requirements, orders or actions; national defense requirements, injunctions or restraining orders; labor trouble, strike, lockout or injunction /1/95" (provided that neither party shall be required to settle a labor dispute against its own best judgment). The party asserting a right to suspend performance must, within a reasonable time after it has knowledge of the effective cause, notify the other party of the cause for suspension, the performance suspended and the anticipated duration of suspension. The party asserting a right to suspend performance shall dutifully attempt as soon as possible to cure the cause and reinstate tlle performance under this agreement. The Party will have a period of 90 days from the date it has knowledge of the effective cause to attempt to cure the effective cause; provided however, if an event is of such a nature that it cannot with reasonable diligence be accomplished within such period, and if the suspending party is diligently pursuing the required cure, the 90 day period will be extended to 180 days. If a cure is not then accomplished within such 180 day period, this clause shall not operate to suspend the duty to perform, and the suspending party will be in breach of this agreement. (End of Page. Next Page is Signature Page.) / 19(; Signature Page Come now the parties hereto, and having read and understood the terms and conditions hereof, soliciting separate legal advice as each party deems appropriate, does hereto set their hand as of date mentioned adjacent thereto implying thereby the consent of their principal to the terms and conditions hereof. Date: City of Chula Vista by: Shirley Horton, Mayor Attest: City Clerk Approved as to form: City Attorney Approved as to content: City Manager Date: John Sexton Sand & Gravel Corp. Ira Cohen, President mtm:transfer sexton9.agr / 197 This page blank. I rr! GOLD ,-OAST ENGINEERING INC. 1891 Nirvana Ave.. Chula Vista, CA 91911 (619) 421-1151 Mailing address: P.o. Box 1109, Bonita. CA 91908-1109 . FAX (619) 421-1506 AGENCY: ITEM 3a,b ,.:_,,- ----.--- - " . !r'j ..;.'r ~ - ------ [r -, I March 19, 1996 . . City of Chula Vista 276 Fourth Ave. Chula Vista, CA 91910 i; n : , . " /,uwL MAP I 8199f.."~~ f,C ..', ,." " I Ci'Vi ":. . , Attn: Redevelopment Agency Subject: Material Recovery Facility and Trash Transfer Station Proposed Location - 1855 Maxwell Road Gentlemen: Gold Coast Engineering Inc. is located immediately adjacent to the southerly property line of the proposed facility. As owners of Gold Coast Engineering, we are extremely concerned about all the environmental issues which will effect not only the site itself, but also the surrounding properties. We are also very concerned about the reduced value of our multi-million dollar project and the value of all properties witl:Un the Otay Valley Road project area, especially the properties immediately adjacent to the proposal site. Further, the proposed project is in complete disagreement with the "Otay Valley Road Development Project Area Implementation Plan/Design Manual Addendum", dated May 1985. When we selected the area as a location for our business, and the related acquisition of property and building our facilities, we believed that the goals of the implementation Plan/Design Manual Addendum met the objective we envisioned for our company. We trusted the city to carefully follow the guidelines protecting all of the investments in the area. It is our opinion that if the city" permits this operation in the proposed location, the city has abandoned the goal to develop the area into a first class industrial park. " In addition, there is an Assembly Bill, number 961, in the California Legislature which would virtually eliminate this site as a candidate for the project. We have been informed that the Bill recently failed to pass but is going to a second hearing. We are primarily concerned about: . "Air quality - airborne particles and bacteria and nauseous odor . Noise . Trash being blown about the site and adjoining properties . Rodent and pest control ~EI March 19, 1996 Page 2 Obviously the ideal location for this operation is on the county land fill located one half mile from the proposed site. As tax-paying, environmentally-sensitive citizens, it is impossible to understand why the City of Chula Vista and the City and/or County of San Diego cannot work together and locate this facility, if required, on the present landfill. Recognizing that the city went through a lengthy site selection process in choosing the present proposed site, we challenge the subjective analysis that this is the best location. The land use is clearly not compatible with other business operations in the immediate area, and we, along with business operators and property owners adjacent to the proposed site request that the city: 1. Reconsider the worth of the project in total 2. Reconsider other more compatible land use locations 3. Deny a special use permit which only bends the ruler to allow this type of an operation in the Otay Ya!1ey Road Project area. ; , The City of Chula Vista has spent considerable effort guiding the development of the Otay Valley Road project into a first class industrial and commercial area. Locating the proposed project in the middle of the Otay Valley Road project is not consistent with the objectives of a first class Industrial Park. In addition, the proposed project will undoubtedly reduce the value of adjacent properties. The attached petition and map clearly state that the business neighbors of adjacent properties are seriously opposed to the project in the proposed location. We are available to discuss this matter in further detail, if needed. Sincerely, //~ Donald R. Palumbo President J1; Charles E. utherland Vice President DRP / aw ~ v ~ 11- Q) <r- - . , , to -t <t ~ ~ 0 N Ii ~ f\I <;21 ~. I , \ - - - ..... " - Q) .... ::::J - to c: CI en to CI c: c: ;: .g to (.) .s to 0 <I> CI) .... tQ B.... <( "C oS! - .~ (.) Iv ~ Q) I/) <I> - '" c: '0' '" .. 0 e <I> .~ "- c. ... ... c. J.;; a.. <I> 1~ - 0 .c: "C c: E I/) to J .. 0 " to e a: ::::::. t;;; to >- J " ~ lP Q) Q) ~ '" c: ca ~ ::::J 1\1 to ~ > (.) ~ <I> =:: .!:J .... Co) - c: ~ 0 0 <I> '" += ~ .s::. '" += - Q) G>" ... C. ~ .5 "C "C '" 8 ~ <( :E - ~ Q) - .s::. CI ~ ... c: - r- 'c .! c: ~ CI .. 111 '0 .!! E ~ ~ 111 .... Q) E 111 Z ~ >- c: to C. E : 0 () : ............ ~ PROJECT LOCATION' ENERGY WAY DESIGN COURT - .. CHULA VISTA PLANNING DEPARTMENT LOCATOR ~, Chula VIsta MaNrlaI. ~ CESCJII'I1ON, C9 . "co. err facUlty DESIGN REVIEW I'IIOJ!CT 1155 Maxw.II Road Request: Proposal a 75,900 lei. ft. materiall'llCCYery facility. ADCIaS: SC,tU, I'IJ! NUMRI: NORTH No Scale CRC.96.2Q i;; ',' " ~~ i~ i ~t ~ i' ~ ~~ . if n , I ~ F , . ~ ! ~ i e, II ~ F' w' ai -"- " t! , ~I PI. . Ii '-', ----->i.. il ,E . .5 ~~ h ..~-(~;;;-) , ! ~ , " ~ ( '. ,', " if ~; :: ., " , ~ , h '0 .. z o ~ fu~ ...I: w~ I- I- C:!.. . o~ I .'- ~ ~~ " J ~j ! 0 , -- , , !, ~ ~:i ..,~ c. 0' /. ~1 " " '" L . 0 .' .: ~J ~' !I ~, I I -"'- if Z " " 0 ,. ~I ~ 1 ,~ >, w: a. ...I' lJ)a , 1lJ' 3~ 'p Il '. ~~~ :1. I ': ,I : .--:iiOm , " , I:~ " , [I .;;;;;;;;;:", !. ---~ , , I I :. .;iiiiiiiiii;~ il Ii '1=.. [Ii "-.!~~ "'I .~= ....~.I-I'''~ "~----:c7-- , , ~ '. ~ c AGENCY: ITEM 3a,b ~ ;. t: 1, 'J.1 ~.l! ~...::i '} ~ ~;l" l'i;':; ;::!~ ~i12 !.Jl:' Urf ~h:. i , . . ,- I' J I~ -,~ , !;:J : 8:~ : ~.~ ---' --'"'- o ~ :> w, ...I: W. 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