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HomeMy WebLinkAboutPlanning Comm Reports 2004/06/16 (2) PLANNING COMMISSION AGENDA STATEMENT Item: I Meeting Date: 6/16/2004 ITEM TITLE: Public Hearing: Consideration of the following applications filed by Mr. Carlos Madrazo. a. PCZ-04-0I Consideration of an amendment to the Zoning Map or Maps established by Section 19.18.010 of the Chula Vista Municipal Code rezoning 1.2 acres at 1030 and 1034 Broadway from Thoroughfare Commercial, Precise Plan (CTP) to Central Commercial, Precise Plan (CCP) b. SUPS-04-07 Consideration of a Special Use Permit to allow the construction and operation of an office commercial/multi-family residential mixed-use project at 1030 and1034 Broadway within the Southwest Redevelopment Area. The applicant is requesting an amendment to the zoning map, rezoning 1.2 acres on the west side of Broadway between Moss and Naples Street (see Locator) from Commercial Thoroughfare, Precise Plan (CTP) to Central Commercial, Precise Plan (CCP). The applicant is also requesting a Special Use Permit to allow the construction and operation of an office commercial/residential mixed-use project at the same location. The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-03-034 in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that the project could result in effects on the environment. However, revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS- 03-034. RECOMMENDATION: That the Planning Commission consider the attached Mitigated Negative Declaration, IS-03-034 and adopt attached Planning Commission Resolution PCS-04- 01 /SUPS-04-07, recommending adoption of the Mitigated Negative Declaration and approval ofthe project in accordance with the findings and subject to the conditions and regulations contained in the attached draft City Council Ordinance and Redevelopment Agency Resolutions. BOARDS AND COMMISISONS: On April 19,2004, the Resource Conservation Commission voted 4-0-0-3 to recommend adoption of the Mitigated Negative DecJaration, IS-03-034. Public comment was received on April 25, 2003 (See Attachment 8). On May 17,2004, the Design Review Committee voted 3-0-1-1 (Ayes: Ariaza, Aguilar, Mestler) Page 2, Item: Meeting Date: 6/16/04 (abstain:Alberdi) (Absent: Drake) to recommend that the Redevelopment Agency conditionally approve the design of the project (see further discussion under Background below). DISCUSSION: I . Background On May 17, 2004, the Design Review Committee reviewed the project design for the proposed mixed use project. A letter was received by one of the nearby property owners expressing privacy concerns with the proposed project in terms of its proximity to adjacent single-family residential properties to the west. Part of this concern was based on the proposed three story/35 foot building height for the residential buildings. Based upon section 19.28.060(2) the Design Review Committee, on May 17,2004, reviewed and is recommending the proposed 35 feet/3 story height limit for the project. This recommendation was based upon the Committees found that the height, bulk, mass and proportion of all structures is compatible with the site, as well as in scale with the structures on adjoining and surrounding properties in the area. Staff had concurred that the residential buildings have been designed and placed on the site in a way that maximizes the use of open space/landscape areas and help to break up the vertical appearance of the three story buildings. In this regard, the project will provide approximately 6,01 7 square feet of usable open space with an additional 13,297 square feet oflandscaping. Usable open space includes: the front and rear open courtyard/grass areas; the two covered kiosk/lawn areas, the rear grass area and the private patio/balconies. In addition, given location ofthe existing single family residences to the west in relationship to the proposed project (at least ISO feet away), a proposed 6 foot high wall around the project and enhanced landscaping along the west property line, staff has concluded that adequate visual screening have been provided. Also, given the combination of wall and landscaping, it is anticipated that only the 2 third story balconies of Buildings 3 and 4. (which is 2 out of the total 30 patio/balconies for the project) will have any views over the westerly adjacent properties. No one attended the DRC meeting to elaborate on their concerns. The DRC did not recommend any additional modifications. 2. Existing Site Characteristics The project is located on the west side of Broadway, between Moss and Naples Street. The site is located in an urbanized area in the Southwest Redevelopment Area. The project site contains 2 contiguous parcels. The larger of the two (1030 Broadway) is approximately .85 acres) and is currently vacant but previously developed with a mobile home park. The smaller ofthe two (1034 Broadway) is approximately .36 acres and contains an old one-story triplex building. The overall project site is generally rectangular in shape with the larger of the two parcels (1030 Broadway) approximately 36 feet deeper. (see Locator Map) Surrounding land use regulations and actual uses are as follows: Page 3, Item: Meeting Date: 6/16/04 General Plan Site: Retail North: Retail/Res. South: Retail East: Retail West: LM Res. Montgomerv SP MCO (Mercantile/Office Comm.) MCO/HDR (High density res.) MCO/LDR (Low density res.) MCO (Mercantile/Office Comm.) LDR (Low density res.) Zoning CTP CTP /R3 CT/RI CTP R-I Current Land Use Vacant/triplex-building Broadway Plazalapts. Animal Hosp.N ac. Res. Retail Commercial Single family residential 3. Project Description The proposed project involves two entitlements. A rezone to change the existing and underlying zone from Thoroughfare Commercial, Precise Plan (CTP) to Central Commercial, Precise Plan (CCP) and incorporation of precise plan standards into the existing precise plan modifYing district; and a Special Use Permit to construct and operate a residential/office commercial mixed use project. The application includes a request to consider shared parking. The mixed-use project features: I) 30 residential condominium units; 2) 5,000 square foot office building; 3) 19,314 square feet of open space 4) 73 on-site parking spaces (4 spaces would be designated shared parking spaces). Additional on-street parking spaces will be available on Broadway along the project frontage. Access to the off-street parking for the project will be from Broadway by a driveway located at the south end of the project site. The applicant will also be submitting an application for a 2-lot tentative parcel map (TPM) to place the office building on one lot, and the 30 condominium units on a second lot. 4. Development Standards Table The mixed-use development project has been evaluated using the CC zone development standards for the office commercial component and the R-3 standards for the residential component. CATAGORY REQUIRED PROPOSED Zoning: CTP- Thoroughfare CCP-Central Commercial, Precise Plan Commercial, Precise Plan General Plan CR- Commercial Retail CR-Commercial Retail Montgomery Specific Plan MCO- Mercantile Office MCO- (Mercantile Office Designation Commercial: Commercial) Lot Area: 1.2 acres 1.2 acres Parking: Residential (30 units) 60 spaces 56 spaces Office (1 space/300 sf) lLspaces 11 spaces Total 77 spaces 73* Compact Space Allowance 10% (8 spaces) 21 % (16 spaces) Page 4, Item: Meeting Date: 6/16/04 Lot Coverage 50 percent 22.3% percent Setbacks (CVMC) Setbacks (CVMC): Office (CC standards) Office (CC standards) Front Yard: 25 feet 3 ft. (single-story arcade) 8 ft. ( 2 story bldg.)** Side yard: none, except when abutting SF residential o ft. (north) ;4 ft (south tower element) Distance between bldgs: 10 feet 15 feet between office bldg. and res. bldg. #1 Residential (R3 standards) Side: Adjacent to commercial 7 feet 5 Yz feet (north side)* *; 74 feet (south side) Adjacent to R-l 15 feet 10 feet (so./adj. toR-I)** Rear: Building 17 feet IS feet* Balcony 17 feet 13 feet* Montgomery Specific Plan 15 feet 3 ft( single-story arcade) Front Yard: 8 ft (2 story bldg.)** Building Height: Building Height: Office (CC zone) None, unless adjacent to CO or residential zone 2 story 30 feet Residential (R3zone) 2 story/35 feet maximum 3 story 35 feet*** * Applicant requesting approval of shared parking for 4 parking spaces. **deviation from requirements. ***Increase in height limit allowed per Section 19.28.060(A)(2), as recommended by the Design Review Committee on May 17, 2004.9 ANALYSIS: The project has been evaluated in accordance with the goals and objectives of the Southwest Redevelopment Plan area and Chapter 10, Section 5.9, ofthe General Plan (see Attachment 7). The General Plan states that medium to high density residential development is potentially desirable along certain sections of Broadway in order to break up the continuous strip ofretail commercial. Implementation ofthis goal began last year with the approval of mixed use projects at 760 and 825 Broadway. The General Plan states that mixed-use development should consider access, appropriate Page 5, Item: Meeting Date: 6/16/04 setbacks and screening from any adjacent non-compatible uses, and that implementation of this poJicy should consider a special zone or land use overlay that would estabJish specific development criteria while visually and economically enhancing the area and promoting a beneficial development for the general welfare ofthe citizens in the area and the City. The proposed rezone and precise plan standards are being requested in order to provide this development criteria. The Special Use Permit will ensure development ofa project whose individual commercial and residential components will function cohesively with the existing surrounding uses. Rezone The proposed rezone from the CTP to CCP zone is requested by the developer because the CCP zone allows mixed-use development while the CTP zone does not. The General Plan update and the Urban Core Specific Plan, both currently underway, provide more specific zone district and development standards for mixed use projects. However, currently the CC zone is the only viable zone district to develop mixed-use projects. Both zones are consistent with the General Plan Land Use Element, which designates this area Retail Commercial. The proposed CCP zone is also consistent with the existing MOC (Mercantile Office Commercial) designation ofthe Montgomery Specific Plan, and will contribute to the public convenience and general welfare by further assisting the City's efforts to satisfy the goals and objectives of Redevelopment Agency and Chapter 10, Section 5.9, ofthe General Plan (see Goals & Objectives, attachment 7). Exhibit B of Attachment 3 delineates the proposed zone for the project site in relation to the existing surrounding zoning. Precise Plan Standards The precise plan modifying district has already been established under the current CT zoning district. Therefore, the requested rezone to CC will retain the P modifier previously established. However, since no actual criteria for implementation of said precise plan was previously developed, such standards are now being requested in order to implement said precise plan. The proposed Precise Plan standards deviate from the adopted Zoning Ordinance and Montgomery Specific Plan, while respecting the surrounding land uses. Proposed zoning ordinance deviations include both Setback reductions and Parking deviations. These proposed development standards are shown in the "proposed" column of the Project Data Table shown above and more specifically outlined in Exhibit C of the Draft City Council Ordinance (see Attachment 3). Setback Reductions: In order to meet the goal of a more urban, pedestrian-oriented project, the proposed development standards allow for certain encroachments into the required setbacks. Setback reductions include: a)reducing front yard setback from 25 feet to 3 feet (single story arcade) and 8 feet ( two story building); b) reducing side yard setbacks from 7 feet to 5 1/2 feet on north side and from 15 feet to 10 feet on south side (adjacent to vacant R- I lot) c) reducing rear yard setback from 17 feet to IS feet (building) and 13 feet (balconies). Page 6, Item: Meeting Date: 6/16/04 Staff is of the opinion that emphasis on a more urban and pedestrian oriented design is in keeping with the existing development design trends. Both the CC zone and Montgomery Specific Plan standards were adopted at a time when emphasis was on having buildings set back behind a landscaped/parking area. Adoption of the proposed precise plan development standards will allow reduced building setbacks which are conducive with the above stated goals of encouraging a mixed- use project which is in keeping with the goals of achieving a more urban, pedestrian-oriented proj ect. The reduction is building setbacks will allow the above referenced goals to be achieved by I) allowing the office commercial component of the project to be located close to the sidewalk along Broadway, thereby achieving the pedestrian oriented nature of the project; 2) allow for a better balance between open space and buildings on the lot. Larger open space areas as well as pedestrian corridors can be provided between building structures while, at the same time, maintaining the desire density of the project. Due to the orientation of existing development on adjacent properties, no negative impact is anticipated as a result of the proposed setback reductions. Parking: Parking deviations include; a) increase allowable compact parking spaces from 10% to 2 I % ; b) allow four required off-street parking spaces to be shared parking by residential and commercial tenants. These 4 shared parking spaces should be counted towards meeting the parking requirements for office use and be considered guest parking for the residential component, thereby reducing the residential parking requirement by said 4 spaces. Staff further believes these four guest spaces can be shared with the required office parking spaces since the primary need for guest parking will be during the hours when offices will be closed (ie. evenings and weekends). These 4 spaces will be available by guests of the residential units, especially during off-peak hours. The four parking spaces must be designated as shared parking and a reciprocal parking of other similar type of agreement will be required to insure said spaces remain always available for shared parking. Due to the hours of operation of the office building, it is anticipated there will not be a conflict in allowing said parking spaces to be utilized by guests of the residential units on evenings and weekends. Staff believes that an increase in allowable compact spaces along with the allowance for shared parking will allow for a reduction in the size ofthe required parking field. This reduction will allow a mixed use project to be designed with more areas of open space to visually reduce the bulk of project while still achieving the goal of being an urban/pedestrian-oriented development. Special Use Permit Under the proposed CCP zone designation, section 19.36.030(0) ofthe Zoning Ordinance requires that a mixed use project only be allowed by an approved conditional use permit. Because the site is located within the Southwest Redevelopment Area, a special use permit is required which will require approval by the Redevelopment Agency. In addition to the normal required findings for the granting of a use permit, outlined in section 19.14.080, the approval of use permit for a mixed-use Page 7, Item: Meeting Date: 6/16/04 project is also subject to compliance to the specific standards and guidelines outlined in section 19.58.205 of CVMC. The following paragraphs discuss. how the proposed project meets these standards. The proposed site plan and elevations are shown in Attachment 5. Additional site specific project information is available in the DRC staffreport (see Attachment 9). The use permit shall be reviewed and approved b.v the City Council or Redevelopment Agency. Because the project falls within the Southwest Redevelopment Area, the Redevelopment Agency will review and take action on this request. The commercial and residential components shall be planned and implemented together. The office and residential components ofthe project have been designed to complement each other yet stand alone in terms offunctional usage. The office component contains the required amount of parking in the vicinity of the southerly property line. Due to the orientation ofthe project close to the street, pedestrian access to the building is readily available from Broadway as well as the adjacent parking area. The residential units are located to the rear ofthe site and, other than 4 shared parking spaces, contain a separate parking field separated from the office use by a gate. Separate pedestrian access from the parking areas are provided between the office and residential uses. The maximum allowable residential density will be governed by the provisions of the R-3 zone based upon the total project area, less any area devoted exclusively to commercial use, including commercial parking and circulation areas. The approved dens it-v may be significant(v less than the maximum allowable density depending on site specific factors, including the density and relationship of surrounding residential areas, if any; The proposed 30 units comply with the allowable density based upon excluding the land devoted to office use and exclusive office parking from the calculation. A total of 43,395 square feet of the project site constitute the residential component of the 1.3 acre site. Based upon section 19.28.070 of the CVMC a total of 43,380 square feet are required for the proposed twenty-four 2 bedroom and six 3 bedroom units. Parking, access and circulation shall be large(v independentfor the commercial and residential components of the project. Each use component shall provide off-street parking in accordance with city standards. The office parking will be closest to Broadway and separated from the residential parking area the rear by a security gate. As allowed under the proposed precise plan standards, concurrently being considered for approval, four shared parking spaces are proposed which will accommodate both office parking as well as parking for guest of the residential units, primarily during off-peak hours. The residential component shall meet the private and common open space requirements of the R-3 zone. The proposed project exceeds both the private and common open space requirements. A total of 12,480 square feet of open space are required for the 30 unit residential component ofthe project. Of Page 8, Item: Meeting Date: 6/16/04 this total amount required, a minimum of2,800 square feet of private open space are required with the remainder being common open space. The applicant is providing 2,802 square feet of private open space and 16,512 square feet of common open space for a total of 19,314 square feet of open space. The conditional use permit may include a restriction on commercial uses and/or business hours in order to avoid conflicts with residential units. The fact that the proposed commercial use is an office building will provide a use which is compatible with nearby residential development and should not require any restrictions on hours of operation. In addition, the orientation of the office building towards Broadway will limit any potential negative impact on residential units located behind the building on the same site. CONCLUSION: Staff believes that the requested project entitlements allow for a mixed use project which meet the goals and objectives of providing a more urban pedestrian oriented project at this location. As discussed in this report, the project will achieve the goal of Chapter 10, section 5.9 of the General Plan which encourages development of mixed use projects along Broadway which are integrated into the surrounding development. It is hopes that such a project will enhance the area and potentially become a model for architectural design fur future development of this area along Broadway. For the reasons discussed in this report, staff recommends the Planning Commission recommend approval of the project by the City Council and Redevelopment Agency ATTACHMENTS: I. Locator Map 2. Draft Plauning Commission Resolution for Rezone (with Precise Plan Standards) and Special Use Permit. 3. Draft City Council Ordinance for Rezone with Precise Plan Standards. 4. Draft Redevelopment Agency Resolution for Special Use Permit 5. Figures 6. Mitigated Negative Declaration 7. Chapter 10, Section 5.9 of the General Plan 8. Comment Letter on Negative Declaration 9. DRC staff report 10. Ownership Disclosure Form J :\PlanningVeff\westemcv ~ , '. - ----- -' \~\'. '.0\-- .. 0.... '.9::-' \............ -":' "'- ''1------- , \ \ ~ \ \ \ / / ~-- -', ,,\ ''1'-.;\ \\ --.\ \~\ / ~- - //0"" . ""i1.0~/'\ -,- \ _\ /--\ \-~-\ \ \ \ -""'- --r , , \ \ --- .. .. , , , ---- u!>ed co' ~oW~ \- ~e"". - - rig' \\.o\J,(\~ _ ' \ . . "" . ""OSS" . " 'SF' SF SF SF\ '- , ..... Retail \ Center ~ o '0 \~ ~ ---', MF , \ \ SF SF SF . SF 'SF\ SF SF SF ~. SF SF " SF SF .o' SF S~_ __ - ~~ __ _\ \_- Vac. Retail SF . SF.. . Vac. .... / -'SF _ --. - - S~~ _ -\ SF SF _\..- -- Retail ,. SF ...-- - SF _ _ \ \ SF _ -i '\ _ '; SF ',.SF _ I "" ....... \ SF \ SF' 'e .SF /'--d y,u"~ . SF/'/ SF ~\ s~J, Loung. . CteS,e 'SF /" .:F/'c .. SF. \ 0 '.. SF. \ 'I- -- \ , \. . SF/I '5': ..' \ ~ \S~\}F\\\SF~\ \ ..tOil\ \ , SF ~ SF ,--' ~ '\ .- \ SF. \ ,.JF \ \ ....tOIl\ ,-SF \, SF \~y SF..--;"--- SF_____ ~ _~f---\ -__~<\ 0,' '\~ \-- ---- \..--- "" r-- SF __\ \ Retal_l~ ' . -' SF .. ~ SF 0 SF '.. SF _ '/, \ ./ , ",,~, ~sF l---"~' ~, 'SF, ,"SF.' \- SF' \.~t"lI \ /'\'0 / \ y/ ~y SF".>';'\ \"SF..'I,:..--j " ~ ~ ..sF,--\, SF. \ "/SF'......- / \ \' ..tall \ // ~..... SF~",' SFj\ \/\. SF.\. ' SF \' . '.~\/SF ,.\-SF :: SF/I/SF \SF. \~ \ 's~~ SF ~\ '\ ::"SF/'SF . '.' /\'/---"c/SF \ ./ \ SF,... , /V , SF \ . ,......-SF 'SF' . \~I-),/ \_-------- SF SF Neh Plaza ---'(- SF SF SF SF /', /~ .-'\ --\ Costco Wal-Mart ---<-- - , -' / // , \ --y"--- ~.......... ------- / LOCATOR A TT ACHMENT 1 , , ~-- / .\ , \ \. \ I' , \;." PROJECT \ \ Ent.rpn,.' LOCATION) \Rent A Car - Pear Tree Apartments \ , Retail Retail ,\ ---- -\ \-_-_-_Retcil- \ '\' \ \ Mot.1 \ \ - ---'\ \' 7.11 ~;v/ , , ',./ \ , , , \ , , \ \/ \ .. ~. . , \--- , , , , .. "" c~,/~e~ /~ .___--'C\ ~' '1 ! , , ../'r/~ \ /5' , , ," ATTACHMENT 2 RESOLUTION NO. PCZ-04-0l and SUPS 04-07 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMEDING THAT CITY COUNCIL APPROVE A REZONE (PCZ-04-01) FOR A CHANGE FROM THOROUGHFARE COMMERCIAL/PRECISE PLAN (CTP) ZONE TO CENTRAL COMMERCIAL/PRECISE PLAN (CCP) ZONE ALONG WITH PRECISE PLAN STANDARDS AND THAT THE REDEVELOPMENT AGENCY ADOPT A MITIGATED NEGATIVE DECLARATION (lS-03-034) AND APPROVE SPECIAL USE PERMIT (SUPS 04-07) ALLOWING THE DEVELOPMENT OF A RESIDENTIAL AND OFFICE COMMERCIAL MIXED-USE PROJECT LOCATED AT 1030/1034 BROADWAY. WHEREAS, a duly verified application for a Rezone was filed on July 25, 2003, and a duly verified appJication for a Special Use Permit was filed on April 23, 2004, with the City of Chula Vista Planning Department by Carlos Madrazo "Developer"; and WHEREAS, said Developer requests approval of the Rezone and a Special Use Permit to aUow for a mixed-use project that includes 30 condominium units, 5,000 square feet of office pace, open space and off-street parking. The project site is located in a Thoroughfare Commercial (C - T) zoning district; and WHEREAS, the Environmental Review Coordinator, has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-03-034 in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that the project could result in significant effects on the environment. However, revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-03-034; and. WHEREAS, the Planning Director set the time and place for a hearing on said Rezone (with precise plan standards) and Special Use Permit and notice of said hearing, together with its purpose, was given by its pubJication in a newspaper of general circulation in the City and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely June 16, 2004. at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, after considering aU reports, evidence, and testimony presented at said public hearing with respect to the conditional use permit application, the Planning Commission voted _ to recommend adoption of the Mitigated Negative Declaration (lS-03-034) and approval of the Rezone (PCZ-04-01) and Special Use Permit (SUPS 04-07); and Resolution No. PCZ-04-0I and SUPS-04-07 Page 2 NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION does hereby recommend that the City Council adopt the draft Ordinance for Mitigated Negative Declaration (IS 03-034) and Rezone (PCZ 04-01) and recommends that the Redevelopment Agency adopt the draft Resolution for Special Use Permit (SUPS 04-07) in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the Redevelopment Agency and the Developer. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 16th day of June, 2004, by the foJlowing vote, to wit: AYES: NOES: ABSTAIN: Steve Castaneda, Chair ATTEST: Diana Vargas, Secretary J\Planning\Michael\PCC Reports\J>CM-03-15 A TT ACHMENT 3 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAP ESTABLISHED BY SECTION 19.18.010 OF THE MUNICIPAL CODE, REZONING A 1.2 ACRE PARCEL LOCATED AT 1030/1 034 BROADWAY FROM THE CTP (THOROUGHFARE COMMERCIAL, PRECISE PLAN) ZONE TO THE CCP (CENTRAL COMMERCIAL, PRECISE PLAN) ZONE AND ADOPTING PRECISE PLAN STANDARDS. 1. RECITALS A. Project Site WHEREAS, the area of land, which is the subject of this ordinance is diagrammatically represented in Exhibit "A" and incorporated herein by this reference, and for the purpose of general description herein consist of one acre located at 1030/1 034 Broadway ("Project Site or Site"); and B. Project; Application for Discretionary Approval WHEREAS, on July 25, 2003, a Rezone application was filed by Carlos Madrazo ("Developer") with the Planning and Building Department of the City of Chula Vista requesting an amendment to the adopted Zoning map or maps established by Section 19.1 8.010 of the Chula Vista Municipal Code in order to rezone a J.2-acre parcel located at 1030/1034 Broadway from CTP, Thoroughfare Commercial/Precise Plan to CCP, Central CommerciallPrecise Plan with precise plan standards that would allow a mixed-use project that includes 30 condominium units and 5,000 office building reductions in setbacks and allowance for 4 shared parking spaces ("Project"); and C. Prior Discretionary Approvals WHEREAS, the Design Review Committee held an advertised public hearing on the project on May 17, 2004, at 4:30 p.m. in the Council Chambers at 276 Fourth Avenue and, after hearing staff presentation and public testimony, voted _ to recommend that the City Council approve the project, in accordance with the findings listed below; and WHEREAS, the Planning Commission held an advertised public hearing on the Project on May 17, 2004, and after hearing staff presentation and public testimony, voted, _ to recommend that the City Council approve the Project, in accordance with the findings listed below; and D. Planning Commission Record on Application WHEREAS, the Planning Department set the time and place for a hearing on said Project, 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 500 ft. of the exterior boundary of the Project, at least ten (J 0) days prior to the hearing; and WHEREAS, the Planning Commission held an advertised public hearing on the Project on June 16,2004, at 6:00 p.m. in the Council Chambers at 276 Fourth Avenue and, after hearing Ordinance No. Page 2 staff presentation and public testimony, voted _ to recommend that the City Council approve the Project, in accordance with the findings listed below; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project held on June 16, 2004, and the minutes and resolution resulting there from, are hereby incorporated into the record of these proceedings; and E. City Council Record on Application WHEREAS, the City Council held an advertised public hearing on the Project on , at 6:00 p.m. in the Council Chambers at 276 Fourth Avenue and, after hearing staff presentation and public testimony, the Council voted ~ to table the item to a date uncertain to address several concerns that were raised at the hearing; and WHEREAS, the City Clerk set the time and place for the hearing on the Project applications and notices of said hearings, together with its purposes given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 ft. of the exterior boundaries ofthe Project site at least ten (10) days prior to the hearing; and F. Discretionary Approval of Ordinance WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on the Project and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same. G. Precise Plan Findings 1. 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 proposed precise plan standards will not have a negative impact on the surrounding neighborhood. While such standards allow the necessary flexibility to create a project which is more urban and pedestrian oriented, they also insure that a mixed use project will maintain the continuity of the surrounding existing commercial and residential development. Such standards will also allow the necessary flexibility in development standards necessary to minimize the mass or structures, as visible from surrounding areas, by providing room for adequate open space/courtyard areas between buildings on-site. 2. That such plan satisfies the principle for application of the "P" modifying district as set forth in CVMC 19.56.041. The precise plan modifying district allowed under Section 19.56.04l(C) of the CVMC has already been established under the current CT zoning district. Therefore, the requested rezone to CC will retain the P modifier previously established. However, since no actual criteria for implementation of said precise plan was previously developed, such standards are now being requested in order to implement said precise plan. Ordinance No. Page 3 3. That any exceptions granted which may deviate from the underlying zoning requirements shall be warranted only when necessary to meet the purpose and application of the Precise Plan. Development of the lot using the development standards of the CC and R3 zone would limit the abiJity of the applicant to propose a design which a) meets the goal of providing an urban, pedestrian oriented design and b) configure the placement of the office and residential uses on the site in a way that provides a natural extension of the established separation on adjacent parcels between commercial and residential land uses and also provides for additional open space and pedestrian walkways between buildings in order to reduce the bulky appearance of the mixed use project. The requested deviations under the precise plan are warranted in order to achieve these goals. 4. The approval of this plan will conform to the General Plan and the adopted policies of the City Of Chula Vista. The project has been evaluated in accordance with the goals and objectives of Chapter 10, Section 5.9 of the General Plan relative to mixed-use development along Broadway. The Precise Plan, as described, will allow the project to be consistent with the goals and objectives of the General Plan, Southwest Redevelopment Area Plan and the Chula Vista Municipal Code. IT. The City Council of the City Chula Vista does hereby ordain as follows: Section I. The rezoning provided for herein is consistent with the City of Chula Vista General Plan, public necessity, convenience and the general welfare and good zoning practice support the amendment to the Municipal Code. Section 2. The City Of Chula Vista Zoning Map established by Section 19.18.010 of the Chula Vista Municipal Code is hereby amended to rezone the site as depicted in Exhibit "B" from CTP (Thoroughfare Commercial, Precise Plan) to CCP (Central Commercial, Precise Plan). Section 3. The Precise Plan modifier is already in existence for the rezoned parcel and will be carried over to the newly proposed zoning designation. Section 4. The Precise Plan Standards as depicted in Exhibit "C" are hereby adopted per the required findings established per section 19.56.041 of the Chula Vista Municipal Code, and as outlined in section I(G) above. Section 5. Certification of Compliance with CEQA. The City Council does hereby find that the Mitigated Negative Declaration (1S-03-034) has been prepared in accordance with requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista and hereby adopts the Mitigated Negative Declaration (IS-03-034). Section 6. Independent Judgment of City Council. The City Council does hereby find that in the exercise of their independent review and judgment, the Mitigated Negative Declaration (IS-03-034) in the form presented has been prepared in accordance with requirements of the California Environmental Quality Act (CEQA) and the State Ordinance No. Page 4 CEQA Guidelines and Environmental Review Procedures of the City of Chula Vista, and hereby adopts the Mitigated Negative Declaration and Mitigation Monitoring Program (IS 03-034). Section 7. Effective Date. This ordinance shall take effect and be in fuJl force on the thirtieth day from and after its adoption. Presented by Approved as to form by James D. Sandoval Planning and Building Director Ann Moore City Attorney SF SF SF _\ SF 'SF SF SF . SF. .. 'lac.' _ SF \- 'ac-, I SF SF SF ,- SF SF .,\ Retail SF 'SF. .'\ SF SF.." ,.'S.F. :,... .,:.,..e S' .- .. "., ' ' _ ..' e..,e6""" I._SFSF/\ SF. \~' SF/" \,ounge CI ../ SF" .. "SF.-. 0, ~ SF . \. ..~SF SF-\ ....\/ SF.. SF. '.~': SF .. 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Said 4 spaces will be considered '"shared parking" with 4 of the required office/commercial parking spaces. Said 4 spaces must be in a location available for guests of the residential units during off- peak hours for accompanying businesses. Compact Parking Spaces: The maximum amount of compact parking spaces is 2 I % of total required parking spaces. SETBACKS: Office/Commercial: Front Yard: 3 feet (single story arcade) 8 feet (two story building) Side Yard: none, except when abutting single family residential Residential: Side Yard Adjacent to Commercial 5 Y, feet Adjacent to R-l 10 feet Rear Yard: Building Balcony IS feet 13 feet ATTACHMENT 4 RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION IS 03-034 AND APPROVING SPECIAL USE PERMIT SUPS 04-07 FOR A MIXED-USE RESIDENTIAL AND OFFICE COMMERCIAL DEVELOPMENT LOCATED AT 1030/1034 BROADWAY WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA I. RECITALS A. Project Site WHEREAS, the area of land, which is the subject of this ordinance is diagrammatically represented in Exhibit "A" and incorporated herein by this reference, and for the purpose of general description herein consists of 1.2 acres located at 1030/1 034 Broadway ("Project Site"); and B. Project; Applications for Discretionary Approval WHEREAS, on April 23, 2004, a special use permit appJication was filed by Carlos Madrazo ("Developer") with the Planning and Building Department of the City of Chula Vista, requesting approval of a special use permit to construct and operate a mixed-use project that includes 30 condominium units, 5,000 square feet of office, and reductions in setbacks and parking requirements ("Project"); and C. Prior Discretionary Approvals WHEREAS, the Design Review Committee held an advertised public hearing on the project on May 17,2004, at 4:30 p.m. in the Council Chambers at 276 Fourth Avenue and, after hearing staff presentation and public testimony, voted 3-0-1-1 to recommend that the Redevelopment Agency approve the proposed project, subject to the conditions contained herein; and D. Planning Commission Record on Applications WHEREAS, the Planning Department set the time and place for a hearing on said project, 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 500 feet of the exterior boundary of the project, at least ten (10) days prior to the hearing; and WHEREAS, the PJanning Commission held an advertised public hearing on the project on June 16,2004, at 6:00 p.m. in the Council Chambers at 276 Fourth Avenue and, after hearing staff presentation and public testimony, voted to recommend that the Redevelopment Agency approve the project, in accordance with the findings listed below; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the pubJic hearing on this project held on June 16, 2004, and the minutes and resolution resulting there from, are hereby incorporated into the record of this proceedings; and Resolution No. Page 2 E. Redevelopment Agency Record on Applications WHEREAS, the City Council/Redevelopment Agency held an advertised public hearing on the project on , at 6:00 p.m. in the Council Chambers at 276 Fourth Avenue and, after hearing staff presentation and public testimony, the Agency voted xxx to ..... and WHEREAS, the City Clerk set the time and place for the hearing on the project applications and notices of said hearings, together with its purposes 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 project site at least ten (10) days prior to the hearing; and F. Discretionary Approval and Ordinance II. The Redevelopment Agency of the City Chula Vista does hereby ordain as follows: A. Certification of Compliance with California Environmental Quality Act (CEQA) The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in previously adopted Mitigated Negative Declaration IS-03-034. Thurs, no further environmental review or documentation is necessary. B. Independent Judgment of Redevelopment Agency The Redevelopment Agency does hereby find that in the exercise of their independent review and judgment that the project is adequately covered by Mitigated Negative Declaration IS-03-034 and has considered said document prior to making a decision on this project. NOW, THEREFORE, THE REDEVELOPMENT AGENCY, finds, determines as follows: C. SPECIAL USE PERMIT FINDINGS I. That the proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood or community. The mixed-use project is desirable at this location and will introduce new office and residential uses to an area surrounded by existing commercial and residential uses in a way that provides a harmonious integration of both land uses. The urban and pedestrian oriented nature of the project helps foster the current development goals of increasing the livability and viability of the area. 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 project will not be detrimental to health, safety or general welfare of persons residing or working in the vicinity. The project complies with the adopted precise plan development standards for the site, which were approved based upon the findings outlined in section 19.14.576 of the Chula Vista Municipal Code. In addition, the applicant has taken measures to minimize any negative visual Resolution No. Page 3 impacts to surrounding land uses through the use of increased landscaping and waU height along the western property line, and by providing architectural features to aU buildings that make them aestheticaUy pleasing and minimize the mass of the structures. 3. That the proposed use wiU comply with regulations in this title for such use. The project complies with aU regulations of the CC zone as modified by precise plan standards adopted for the subject parcel based upon section 19.14.576 of the Chula Vista Municipal Code. 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 governmental agency; The proposed project complies with the General Plan of the City which acknowledges the potential value of mixed use projects along portions of Broadway. The adopted precise plan standards for the project site aUow for the modification of front yard setback otherwise required by both the Montgomery Specific Plan. E.) F.) Approval of this DRC project is contingent upon approval of the related rezone (PCZ 04-01) and special use permit (SUPS 04-07) for this project. The rezone includes the proposed precise plan guidelines for the project. The special use permit will include allowance for 4 shared parking spaces. A.) This Special Use shaU be subject to any and aU new, modified, or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety, or welfare which the City shaU impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source which the Permittee cannot, in the normal operation of the use permitted, be expected to economicaUy recover. Presented by Approved as to form by Laurie A. Madigan Community Development Director Ann Moore Agency Attorney ," " \ /~ ~' -' , /- ", ,> , / , > -1.0(\0. s\ \" \)$\ ,,' \ ,-- .- /- ~-~,- \--,.- -. Reloil cef\\ST ,/6 \\to.1 ~~\~'" - \, '9.0':>\' -~-- "~ r _""e', ", 0 '.\.Ou.'= ,-' . 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" \t ,~ , , ATTACHMENT 6 Mitigated Negative Declaration PROJECT NAME: Pharus Plaza PROJECT LOCATION: 1030-1034 Broadway ASSESSOR'S PARCEL NO.: 618-110-11 and 618-110-12 PROJECT APPLICANT: Pharus Development Group, LLC CASE NO.: IS-03-034 DATE OF DRAFT DOCUtv!ENT: March 29.2004 DATE OF RESOURCE CONSER V A TION COMMISSION MEETING: April 19.2004 DATE OF FINAL DOCUMENT: Mav 3. 2004 Revisions made to this document subsequent to the issuance of the notice of availability of the draft Mitigated Negative Declaration are deuoted by underline. A. Proi ect Setting The project site is a partially vacant 1.23-acre site consisting of two parcels, located at ] 030-1 034 Broadway. The site is located in an urbanized area in the central western portion of the city of Chula Vista within the Southwest Redevelopment Area (see Exhibit A Location Map). The project site was previously developed with a mobile home park including a one-story residential triplex building containing three rental units and accessory structure. Currently, the project site contains the one-story triplex building, broken asphalt foundatIons, disrepaired paving and fencing. Land uses surrounding the project site consist of the following: North: Commercial Shopping Center, Self-Storage and Apartments South: ProfessIOnal Office and vacant lot East: Broadway/Commercial retail uses West: Single-Family Residences B. Proiect Description The proposed project consists of t he demolition of the existing one-story triplex building and the construction of 30 residential condominium units within three separate three-story buildings and a detached two-story 5,000 square-foot professional office building fronting Broadway (see Exhibit B- Site Plan). The total proposed parking is 77 spaces (74 spaces on-site and 3 spaces on-street): 60 residential spaces and 17 office spaces. The redevelopment of the project site would include landscape treatments, lighting, drainage facilities, paved parking lot, fight of way improvements, retaining walls and fencing along the perimeter of the p'roperty. The proposed grading quantities are estimated at 1,020 cubic yards cut and 1,520 cubic yards fill. The project includes retaining walls with decorative five-foot high-capped wooden fencing on top in accordance with the City's Design Manual guidelines, along the western and northern perimeters, and separates fencing continuing around the southern and northem perimeters. The proposal requires approval of Design Review, Precise Plan, Conditional Use Penmt. Tentative Map and Rezone from CTP to CCP (Central Commercial/Precise Plan) and all necessary redevelopment actions by the Chula Vista Redevelopment Agency. C. Compliance with Zoning and Plans The project site is within the CTP (Thoroughfare Commercial/Precise Plan) Zone and is designated MCO (Mercantile and Office Commercial) under the Montgomery Specific Plan and CR (Retail Commercial) under the Chula Vista General Plan. The proposal includes the rezoning of the site from CTP to CCP (Central Commercial/Precise Plan), allowing for the proposed mixed-use development subject to the provisions of the Chula Vista Municipal Code Chapter 19.36 with the approval of a Conditional Use Pennit. The project would be consistent with the proposed zoning and existing General Plan designation of the property. D. Public Comments On March 9, 2004, a Notice of Initial Study was circulated to property owners within a 500-foot radius of the project site. The public comment period ended on March 18, 2004. No written comments were received; however, oral comments were received from two persons regarding aesthetics/privacy to adjacent single-family residential properties, building bulk, and parking on side streets, traffic and density issues. On March 30. 2004. the Notice of Availability of the Proposed Mitigated Negative Declaration for the proiect was posted in the County Clerk's Office and circulated to propertY owners within a 500-foot radius of the proiect site. The 30-dav public comment period closed on April 29. 2004: two written comment letters were received. The Chula Vista Elementary School District identified the statutory developer fee requirements and recommended annexation to Community Facilities District (CFD) 10 as an alternative to the fee: no comments regarding the adequacv of the Mitigated Negative Declaration were included. In a comment letter from a member of the public. concerns were expressed regarding proiect density. building heights. building setbacks from the residential properties to the west. congestion. school impacts. noise. uar1cing overflow from VToiect residents onto Broadwav and adiacent side streets: however. the adequacv of the draft Mitigated Negative Declaration was not addressed. The issues identified in this comment letter were adequatelv addressed in the draft Mitigated Negative Declaration. E. Identification of Environmental Effects An Initial Study conducted by the City of Chula Vista (including an attached Environmental Checklist form) detennined that the proposed project would not have a significant environmental effect, and the preparation of an Environmental Impact Report win not be required. This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. Aesthetics There are four parcels which abut the project site to the west; two are vacant and two contain single- family resid~nces. The closest single-family residence to the project site is situated approximately 54 feet from the northwest comer of the project site. Within the CC (Central Commercial) Zone, no building shan exceed three and one-half stories or 45 feet in height when located adjacent to any C-O or residential zone. The western favade of the proposed three-story 35-foot high residential building nearest to the western property line would be set back 15 feet from the property line. The project site is separated from the single-family residential properties to the west by an existmg five-foot high chain link fence and portions of disrepaired wooden fence. A five-foot high decorative capped wooden fence (above retaining wans in certam .., locations) is proposed along the project's perimeter. Therefore, a portion of the proposed residential building would be visible from the rear portion of single-family residential properties to the west. To achieve a greater degree of vegetative screening of the proposed residential bui1dings from the west, new 24-ga11on Carrotwood, 36-inch box Southern Magnolia, 24-inch box Evergreen Pear, and 24- inch box Chinese Flame trees would be planted in between intermittent moderate sized shrubs along the western property line. The proposed mixed-use professional officelresidential project as proposed would be an a110wable land use within the proposed CCP (Central CommerciallPrecise Plan) zone. The proposed five-foot high decorative wooden fence, retaining wans, new trees along the western property line, and 15-foot rear yard setback would screen anq minimize the intrusiveness of the proposed three-story residential buildings relative to the single-family residences to the west. Given the location of the site on an established, intensively developed commercial corridor, and the relatively moderate height and bulk of the proposed structures, the impact of this change would not rise to a level of significance under the California Environmental Quality Act as implemented by the City of Chula Vista. The proposal includes downward-facing, non-spi11 exterior lighting within parking areas, and along portions of the site perimeter. The proposed lighting would comply with the lighting regulations of the ChuJa Vista Municipal Code and, therefore, would not result in a significant lighting impact. Air Ouality Based upon the relatively minor amount of site grading that would be necessary to accommodate the proposed development, the amount of project-generated traffic that is anticipated and the consistency of the project with the City's General Plan, the proposal would not result in the violation of any air quality standard or contribute to an existing or projected air quality violation. The proposed project would potentially generate sufficient construction vehicle emissions and dust during construction- related operations to result in a short-term significant, but mitigable, impact to air quality. Fugitive dust would be created during construction operations as a result of clearing, earth movement, and travel on unpaved surfaces. Dust control during grading operations would be regulated in accordance with the rules and regulations of the County of San Diego Air Po]]ution Control District and the California Air Resources Board. Compliance with the mitigation measures outlined below in Section F would reduce this potentia]]y significant impact to below a level of significance. Geology and Soils The project site has been previously graded and developed with a mobile home park and multifamily residential units. The preliminary grading plans specify 1,020 cubic yards of cut and 1,520 cubic yards of fi]], which would require a grading pennit. The preparation and submittal of a final soils report wi]] be required prior to the issuance of a grading pennit as a standard engineering requirement. There are no known or suspected seismic hazards associated with the project site. The site is not within a mapped Earthquake Fault Zone. Therefore, project compliance with applicable Uniform Building Code standards would adequately address any building safety/seismic concerns. The potential discharge of silt during construction activities could result in siltation impacts downstream. Appropriate erosion control measures would be identified in conjunction with the preparation of final grading plans and would be implemented during construction. The implementation of water quality best management practices (BMPs) during construction would be required in accordance with NPDES Order No. 2001-01. An portions of the development area disturbed during construction would either be developed or would be appropriately landscaped in compliance with the Chula Vista t-,runicipal Code, Sections 19.36.090 and 19.36.110. Compliance 3 with BMPs and NPDES Order No. 2001-01 would be required and would be monitored by the City. Therefore, the potential for the discharge of silt into the drainage system would be less than significant. Hazards and Hazardous Materials Lead and Asbestos Removal The existing triplex building, accessory structures and broken foundations on-site (1030 Broadway) that are proposed to be demolished potentia11y contain asbestos and lead-based paint, which could be released if not properly abated. To..mitigate this potentia11y significant impact, prior to any demolition activities the presence of asbestos and lead-based paint wi11 be determined and if present, abatement sha11 be performed by a licensed and registered asbestos and lead abatement contractor in accordance to al1 applicable local, state and federal laws and regulations, including San Diego County Air Pol1ution Control District Rule 361.145 - Standard for Demolition and Renovation. The mitigation measure contained in Section F below would mitigate potentia] impacts associated with the release of asbestos and lead to below a level of significance. Hydrology and Water Ouality The proposed project site is not located within the 100-year floodplain. Public drainage system facilities consist of a 60-inch cOITegated metal pipe (CMP) and a 66-inch reinforced cOITegated pipe (RCP) along Broadway. The conceptual grading plan indicates the instal1ation of stonn drain facilities necessary to col1ect and carry site drainage to the existing stonn drain along Broadway. No sheet flow is proposed to Broadway or adjacent properties. A final drainage study, that includes existing plus developed drainage conditions, wil1 be required in conjunction with the preparation of final grading and improvement plans. Properly designed drainage facilities wi]] be insta]]ed at the time of site development to the satisfaction of the City Engineer. No significant impacts to the City's . storm drainage system are anticipated to result rrom the proposed development. Due to the size and existing condition of the project site, the preparation and implementation of a "Construction Storm Water Management Plan" (CSWMP) prior to the issuance of any permit such as a Construction/Irnprovement Pennit is required. Compliance with provisions of the California Regional Water Quality Control Board, San Diego Region Order No. 2001-01 with respect to construction-related water quality BMPs would be required. Water quality Best Management Practices (BMPs) shal1 be incorporated into the design of the project. Such measures shan be designed to minimize discharge of po11utants into the storm drainage system. Preliminary proposed BMPs include storm drain inlet protection system, source control, protection of stockpiles, protection of slopes, protection of al1 disturbed areas, protection of access, and perimeter containment measures including landscaped treatments throughout the project site. Construction and post-construction water quality best management practices (BMPs) wi]] be required to be incorporated into the final grading plans. Based upon the project design with proposed conceptual BMPs, conditions of the Precise Plan that include compliance with the NPDES Permit requirements, and standard engineering requirements, storm drainage and water quality impacts would be reduced to below a level of significance. 4 Noise Eilar Associates prepared the "Pharus Plaza Acoustical Analysis Report" for the proposed project, dated March 19,2004. This report is available for review at the City of Chula Vista Planning and Building Department counter and is summarized below: Existing Conditions The partially vacant project site fronts Broadway with parking allowed along both sides of the street. According to the City of Chula Vista Engineering Division/Transportation Section, this section of Broadway carries a traffic volume Df approximately 20,450 average daily trips (ADT). The primary noise source affecting the proposed development consists of vehicle traffic traveling along Broadway. The existing noise level at the eastern property line adjacent to Broadway is 69.2 decibels Community Noise Equivalent Level ((dB CNEL), which is attributable primarily to traffic noise. The City of Chula Vista has not adopted any specific numerical noise/land use compatibility levels to establish significance criteria. However, as a matter of policy, the City employs the noise standards set forth in the Noise Element of the City of San Diego Progress Guide and General Plan as guidelines for the purpose or CEQA analysis. The City's exterior noise level standard for noise- sensitive areas, which include residences and outdoor recreational areas, is 65 dB CN'EL. The City's exterior noise standard for office development is 70 dB CNEL. Exterior Conditions Plus Proposed Project Future traffic volumes were based upon a buildout traffic model run in March 2002. The future projected buildout traffic volume along Broadway, south of "L" Street, is 25,300 ADT. The project site wi11 be subjected to future traffic noise generated from automobile and truck traffic along Broadway. Based upon this projected traffic volume, the overa]] future traffic noise level at the eastern property line, adjacent to Broadway, is estimated at 70.2 dB CNEL. According to the City's CEQA thresholds, residential outdoor use areas shall not exceed 65 dB CNEL. The future traffic noise calculations show that with the development of the proposed office and residential structures, a]] of the proposed outdoor use areas (courtyards, barbeque areas, patios. and balconies) wi]] be exposed to noise levels ranging from 39.8 to 60.7 dB CNEL. Therefore, based upon the results of the acoustical analysis, no significant exterior noise impacts are identified. Future Interior Conditions With Proposed Project State Building Code (Part 2, Title 24) requires that interior noise levels not exceed 45 dB CNEL or less for multi-family units. Prior to the issuance of building permits for the residential structures, building construction plans wil1 be required to reflect any special design consideration (i.e., mechanical ventilation, enhanced glazing with the wa]] and window assemblies) as deemed necessary to attenuate interior noise levels to 45 dB CNEL. Transportati on/T raffi c The proposal is projected to generate 340 average daily vehicle trips (ADTs). Based upon the projected level of project traffic generation and the level of seryice of the surrounding street network, the Engineering DIvision has determined that the proposal does not have the potential to result in any significant traffic impacts; therefore, the preparation of a traffic study was not required. The primary access street in the vicinity of the project site, Broadway, currently operates at acceptable level of seryice (LOS) A and is projected to continue to operate at LOS A after project development. Access to the project site is proposed from the existing driveway on the northern parce1. 5 Parhng Based upon the Chu!a Vista Municipal Code parking ratio requirement for professional office of 1 parking space per 200 square feet of gross floor area, and the parking ratio requirement for multi- f"mily dweHing units of 2 parking spaces per each residential unit, the required parking for the proposal is 77 spaces. Proposed on-site parking is 74 parking spaces; the applicant requests that the addItional 3 required parking spaces be aHowed to be provided on-street (Broadway), which requires approval of a Precise Plan. Staff concurs that the required findings can be made to support the proposed minor parking deviation, establishing that no significant impacts would result. Therefore, no significant parking impacts are anticipated to result from the proposal. F. Mitigation Necessary to Avoid Significant Impacts Air Ouality The foHowing air quality mitigation requirements shaH be shown on aH applicable demolition, grading, and building plans as details, notes, or as otherwise appropriate, and shaH not be deviated from unless approved in advance in writing by the City's Environmental Review Coordinator. 1. During construction, dirt and debris shaH be washed down or swept up as soon as practicable to reduce the resuspension of particulate matter caused by vehicle movement over such material. Approach routes to the construction area shall be cleaned daily of construction-related dirt and debris. 2. In accordance with California Vehicle Code Section 23114, vehicles transporting loads of aggregate materials must cover/tarp the material, or if not covered, the material must be no nearer than six inches from the upper edge of the container area where the material contacts the sides, front, and back of the cargo container area, and the load shaH not extend, at its peak, above any part of the upper edge of the cargo container area. This measure shan also apply to the transport of any materials associated with demolition, grading, or building activities that can potentiaHy become airborne. 3. Construction equipment shaH be maintained in proper working order and shal1 be periodical1y tuned in order to minimize air poHutant emissions; use of low poHutant-emitting construction equipment, including electrical-powered equipment, sha1l be used as practical. 4. Soil disturbance and travel on unpaved surfaces shaH be suspended when wind speeds exceed 25 mi1es per hour. 5. A1l unpaved construction areas shaH be sprinkled with water or other acceptable dust control agents during dust-generating activities as necessary to minimize dust emissions to the maximum extent practicable. Additional watering or dust control agents shall be applied during dry weather or on windy days until dust emissions are not visible. Hazards and Hazardous Materials The foHowing hazards mitigation requirement shaH be shown on all demolition plans as a note. 6. Asbestos and lead-based paint abatement sha1l be perfonned by a licensed and registered asbestos and lead abatement contractor in accordance to al1 applicable local, state and federal laws and 6 regulations, including San Diego County Air Po11ution Control District Rule 361.145 - Standards for Demolition and Renovation. G. Consultation 1. Individuals and Organizations City of Chula Vista: Marilyn R.F. Ponseggi, Planning and Building Paul Hellman, Planning and Building Maria C. Muett, Planning and Building Luis Hernandez, Planning and Building Jeff Steichen, Planning and Building Brad Remp, Planning and Building Duane Bazzel, Planning and Building Frank Herrera-A. Planning and Building Garry Wi11iams, Planning and Building Miguel Tapia, Communi!)! Development Frank Rivera, Engineering Beth Chopp, Engineering Sandra Hernandez, Engineering Anthony Chukwudolue, Engineering Muna Cuthbert, Engineering Silvester Evetovich, Engineering Ben Herrera, Engineering Dave Kaplan, Engineering Joe Gamble, Building & Park Construction G. Edmonds, Fire Department Richard Preuss, Police Department - Crime Prevention Applicant: Pharus Development Group/Carlos Madrazo Others: Sweetwater Authority ChuJa Vista Elementary School District 2. Documents City of Chula Vista General Plan, 1989 Title 19, Chula Vista Municipal Code Acoustical Analysis Report/1030-1034 Broadway-ChuJa Vista, Eilar Associates, March 19,2004. 7 3. Initial Studv This environmental detennination is based on the attached Initial Study, and any comments received in response to the Notice of Initial Study. The report reflects the independent judgment of the City of Chula Vista. Further information regarding the environmental review of this project is available from the Chula Vista Planning and Building Department, 276 Fourth Avenue, Chula Vista, CA 91910. 0~/t?~~. Marilyn R. F. Ponseggi Environmental Review Coordinator J :\Planning\MARIA \Initial Study\IS-03-034Fina1MND.doc Date: 5) ~JO,/ 8 \(\ ~ '/~\~~~ ~\ 1', ~\ \\ ~~- ~._/ J~\ I \ '_Y-'\ \J..-. .::=------\ --/". -, /"-', \ \ '\ ' _'> ,'.... ,', \, ______./ 'I'" , , . ___ '________~" ..---' \, ~____ "./ ',I SOUTH8A'( \. \._____ ..-/", ~ ,~\ ~ \ \_____~~, BAPTiST CHURC~ ____I ~'/---------.;-~ ~ \~\ \, \~ ~\ ~----- \ /~~~ \, I \ \, ... ':?-\., CAMELOT \ _ \ ~ ~..... \ \ ,~~ ' \ APARTMENTS, '\~'\~""'.'\"~ '.. \, ~\~S, ~\ \ 'J.- \' ,,-. \ , ,'\ \. ' \\,' , ~\'.,7-0' \1 '~\. 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'. \ \. \ '~\ \ \ ' , , \ I ____ ' , " \ ., \ ' \ \ \ '.. \\~ \ ~ \ ~ \~~" \ \ ~ , ~ '1.--------- I~, \, " \ ,/'\ ~ ~<;::;'.A--\ '''------ VILLA MARINA ~ ~ '/------ \ 'J.--.--- ' ~ :::ft\~\ \ , APAPTMEiHS .__--- c..S '3\ _________ \ ------- -- ~ -~ /- \ \ -- ____:. \JI~\ '.-------\ --- \ . \ \ ~ ~ \ \ ' _____ PEAR \ " "\' , ~ ~' ,\, \ \, _____, TREE ~... \ \ \ \ ..-' \ .._--.-------- ,------ i------\ ~\ \ \ \ APARTMENTS \ \ \ ~\ ~ ~ ~,:- ~\ /' /~ \ \, \ \ \. ~ \ \ ~80'~\\~~~/, ~\ ______~-y\))YV- , \~PROJECT..., ~,c; -~j \~ /~~ --------- \:::=lOCATlON) \~ ~ r/~~\'~ I \'~/<, \ ~ ~ /: C-/t::.:J. \ ~ ~ /"" ::>\ ~ '" .--...------ VIVA 'i\ \ \ ,.------:/~'/ \ ~, \, '____ s~ (_____~\ ~\ ,"'., j NAPOLI \~ \ \ ;-::::=-\~, ';-/\ J.;(sO (J~\//^ \~~{y \-...<~\ .~ ~ APARTMENTS if' \ \...---" \ "''--(\--::J\ \.--/ -~~,,-, ~~Y---/~%'0 ~ '" \~\ ?o\~ ......--' \~ ~-----\-----, ~~'i~~ "'-\ ~' I ~~'~O\---~;''j,I'-----::~7~'~' ~, \ '~""'-----\4~""'-----';{o~'b~~:'~,X:"'-::: I \-/\~~~'~~~~~;s:::=6' \0'tJ 'S~;,t~E , \\9-y...-r::-----'9-' .....--;::::::---V;\' ,_____~) ____- \ WESTERN \, APARTMENT~ \ O:::.-----t:: ---''';, ~L"""""-' \ ~~S S'~----- 'DENTAL \ \ \ ~\1J'e:::=t=:~;; V..---\ 'c::::..-\ ' ",~?'-:.----- I OFFICE ' \ \ ~ \ OS/X~./'L ...............G---\ ~ \ \ ~\ , \\ '\~ \~\-...----\ J. \C~ ~ \ '\----- / r-- \ ,\\. \"\\~.--J ~/ \ '/ \ I \ \ ,\ \~ I PRICE BAZAARJ '\ I \ , ~ \ HOME \ ~,' I \'\ C~~~~R \ ~ ;;;3:\ \\ \ \ \ \ \ \ ~------c ----- " / -----/ /- C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C) APPliCANT FHARUS PLAZA INITIAL STUDY PROJECT ,\OORESS. 1030/1034 6ROAD\\/AY Request: Precise Plan for 30 condominiums. of retail. SCAl!:'.: I FilE NL'MBER: and 5,500sq ft of professional offices. NORTH No Scale IS-03-034 Related Case(s): PCM-04-01, PCZ-04-01 r\cherllc\locators\locators0.4\is0334 ccir 02_0904 Exhibit A - - ;'::: == ~ "" I/' . ,l~ ~H I r\ I IH ~ ! ------ 11 ;'! Ii! III , I _n_ [___"_n_ .[ - !!! -,1 jj on :-c~~ _:t~~'. :~ ! ~~J' _ -.::~: la:k'"". "1 ! '/[' I IIi I"~, / It II! 1;1;( Ii --- ~,L- r j:' i(~ O^i8 ^vMOvO~8 ATTACHMENT "A" MITIGATION MONITORlNG AND REPORTING PROGRAM (MMRP) Pharus Plaza - IS-03-034 This Mitigation Monitoring and Reporting Program has been prepared by the City of Chula Vista in conjunction with the proposed Pparus Plaza project. The proposed project has been evaluated in an 1,itial StudyIMitigated Negative Declaration prepared in accordance with the California Environmental Quality Act (CEQA) and City/State CEQA Guidelines (IS-03-034). The legis]ation requires public agencies to ensure that adequate mitigation measures are implemented and monitored for Mitigated Negative Declarations. AB 3180 requires monitoring of potentially significant and/or significant environmental impacts. The Mitigation Monitoring .-and Reporting Program for this project ensures adequate implementation of mitigation for the following potential impacts(s): I. Air Quality 2. Hazards and Hazardous Materials MONITORING PROGRAM Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinators shall be the Environmental Review Coordinator, and City Engineer of the City of Chula Vista. The applicant shall be responsible to ensure that the conditions of the Mitigation Monitoring and Reporting Program are met to the satisfaction of the Environmental Review Coordinator and City Engineer. Evidence in written form confinning compliance with the mitigation measures specified in Mitigated Negative Declaration IS-03-034 shall be provided by the applicant to the Environmental Review Coordinator and City Engineer. The Environmental Review Coordinator and City Engineer will thus provide the ultimate verification that the mitigation measures have been accomplished. Table I, Mitigation Monitoring and Reporting Program Checklist, lists the mitigation measures contained in Section F, Mitigation Necessary to A void Significant Effects, of Mitigated Negative Declaration IS-03-034, which wi1! be implemented as part of the project. In order to determine if the applicant has implemented the measure, the method and timing of verification are identified, along with the City department or agency responsible for monitoring/verifying that the applicant has completed each mitigation measure. 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E "" ~- '- '" Q) ~ ~ ~c g ~~ '5 ~8';:o ~.- l) -0 :.=: OlUcc.O c.~~co.~E .~-c.~ ",:5 (I) o..~....3-=aO -g:%~Cl.$. ~~~~:1.~ .1?~a~>-'(; "Ouo$.'C"O (Go,:::..... :::I c: .$!tnC:~o~ -o>-~~0rfJ ~~ <u.s~\ dI<I.'Ira!:!.Q.)\f'l BS.gIll-o~ '&,o-o-ic:~ .Q't: co \.,) o;Q <..0 ~g,~or.n~ ill N ~ cO " D- u o -0 .- .s '2 ;i. ~ ~ 0> '" 0> J, :c;. -0 o ih ] "$ '" "- '" ;i. "'" " "" " o ~ - ENVIRONMENTAL CHECKLIST FORM ~!f? ~ 01Y Of CHUlA VISTA 1. Name of Proponent: Carlos A. Madraza Pharos Development Group, LLC 2. Lead Agency Name and Address: City of Chula Vista Planning and Building Department 276 Fourth Avenue Chula Vista, CA 91910 3. Address and Phone Number of Proponent: 629 Third Avenue, Suite F Chula Vista, CA 91910 (619) 407-4014, ext. 12 4. Name of Proposal: Pharos Plaza 5. Date of Checklist: March 29, 2004 6. Case No. : IS-03-034 El'<'VIRONMENTAL ANALYSIS QUESTIONS: Less Than Potentially Significant Less Than With Issues: Significant Mitigation Significant No Impact Impact Incorporated Impact I. AESTHETICS. Would the project a) Have a substantial adverse effect on a scenic vista? D D D . b) Substantia11y damage scenic resources, including, D D D . but not limited to, tress, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or D D . 0 quality of the site and its surroundings? d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views D D . D 1 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact in the area? Comments: a-b) Landscape treatments along,Broadway are proposed in accordance with the City of Chula Vista Municipal Code and Montgomery Specific Plan landscape and site architectural requirements and design review guidelines. These landscape improvements would ensure that aesthetic impacts to Broadway create a positive image. The project site contains no scenic vistas or views open to the public, and is not in proximity to a state scenic highway. c-d) See Mitigated Negative Declaration, Section E. Miti!!ation: No mitigation measures are required. II. AGRICULTURAL RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? D D D . b) Conflict with existing zoning for agricultural use, or a Wi11iamson Act contract? D D D . c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? D D D . Comments: a-c) The project site is neither in current agricultural production nor adjacent to property in agricultural production and contains no agricultural resources or designated fannland. l\Iiti!!ation: No mitigation measures are required. m. AIR QUALITY. Would the project: :2 Issues: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result m a cumulatively considerable net increase of any criteria po11utant for which the project reglOn IS non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial po11utant concentrations? e) Create objectionable odors affecting a substantia] number of people? Comments: a-e) See Mitigated Negative Declaration, Section E. Potentially Significant Impact D D D D D Mitigation: See Mitigated Negative Declaration, Section F. IV.BIOLOGICAL RESOURCES. project Would the a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department ofFish 3 D Less Than Significant With Mitigation Incorporated o . D . o D Less Than Significant Impact o D o o D D No Impact . D . D . . Issues: and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or region~1 plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federa1ly protected wetlands as defin~_d by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, fi1ling, hydrological interruption, or other means? d) Interfere substantia1ly with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wiJdlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conseryation Plan, Natural Community Conseryation Plan, or other approved local, regional, or state habitat conseryation plan? .( Potentially Significant Impact o o o o o Less Than Significant With Mitigation Incorporated o o o o o Less Than Significant Impact o o o o o No Impact . ::iI . . . Issues: Potentially Signific:mt Impact Less Than Signific:mt With Mitigation Incorporated Less Than Signific.:mt Impact No Impact Comments: a) The project site was previously deve10ped 'With a mobile home park and currently one sman buiJding occupies the south comer of the property. Based upon the Chula Vista MSCP Subarea ?Ian, the project site is designated as a development area; based upon a field inspection by City staff, no candidate, sensitive, or specia1 status species are present within or iI11IT!ediately adjacent to the proposed development area. Non-native weeds exist on the unpaved portions of the project site. b) Based upon the Chula Vista MSCP Subarea Plan and field insp~ction by City stc.]', no sensiTIve natural communITIeS are present within or immediately adjacent to the proposed dt';elopment area. c) Based upon the ChuJa Vista MSCP Subarea Plan and field inspection by City staff, no wetlands are present within or immediate1y adjacent to the proposed development area. d) Based upon the Chula Vista MSCP Subarea Plan and field inspection by City staff, no native resident or migratory wildlife corridors or native wi1dlife nursery sites exist wIthin or immediately adjacent to the proposed development area. e) No biological resources would be affected by the proposal and no conflicts with local policies or ordinances protecting biological resources would result. f) The proposal is consistent with the Chula Vista MSCP Subarea Plan since the project site is within the designated development area pursuant to the Plan. lVIitigatiou: No mitigation measures are required. V. CVLTURAL RESOURCES. Would the project a) Cause a substantia1 adverse change in the significance of a historical resource as defined in State CEQA Guidelines 9 15064.5? o o o . b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to State CEQA Guidelines 9 15064.5? o o o . c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? o o o . 5 Issues: Potential1y Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact d) Disturb any human remains, including those interred outside offormal cemeteries? o o o . Comments: a) No historic resources are known or are expected to be present within the project impact area. Therefore, no substantial adverse change in the significance of a historical resource as defmed in Section 15064.5 is anticipated. b) Based on the level of previous disturbance to the site associated with the development of a mobile home park and residences, and the relatively minor amount of additional grading that would be necessary to construct the proposed project, the potential for impacts to archaeological resources is considered to be less than significant. c) The project site is identified as an area oflow potential for paleontological resources in the City's General Plan EIR. Based on the level of previous disturbance to the site and the relatively minor amount of additional grading for the proposed project, the potential for impacts to paleontological resource or is considered to be less than significant. No unique geologic features are present on the site. d) No human remains are anticipated to be present within the impact area of the project. Mitigation: No mitigation measures are required. VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? o o o . 11. Strong seismic ground shaking? o o . o 111. Seismic-related liquefaction? ground failure, including o o o . 6 Issues: b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditiqns involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard - for people residing or working in the project area? 1) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physical1y interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intennixed with wildlands? 8 Potentially Significant Impact o o o o o o o Less Than Significant With Mitigation Incorporated . o o o o o o Less Than Significant Impact o o o o o o o No Impact o . . . . . . Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: See Mitigated Negative Declaration, Section E. Mitigation: See Mitigated Negative Dec1aration, Section F. VIII. HYDROLOGY AND WATER QUALITY. Would the project: a) Result in an increase in pol1utant discharges to receiving waters (inc1uding impaired water bodies pursuant to the Clean Water-Act Section 303(d) list), result in significant alteration of receiving water quality during or fol1owing construction, or violate any water quality standards or waste discharge requirements? o o . o b) Substantial1y deplete groundwater supplies or 0 0 . 0 interfere substantial1y with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wel1s would drop to a level which would not support existing Jand uses or planned uses for which permits have been granted)? Result m a potential1y significant adverse impact on groundwater quality? c) Substantial1y alter the existing drainage pattern of the 0 0 . 0 site or area, inc1uding through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? d) Substantial1y alter the existing drainage pattern of the site or area, inc1uding through the alteration of the course of a stream or river, substantial1y increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site, or place structures within a lOO-year flood hazard area which o o . o 9 Less Than Potentially Significant Less Than With Issues: Significant Mitigation Significant No Impact Impact Incorporated Impact would impede or redirect flood flows? e) Expose people or structures to a significant risk of 0 0 0 . loss, injury or death involving flooding, including flooding as a result of the failure <!f a levee or darn? 1) Create or contribute runoff water, which would 0 0 0 . exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Comments: See Mitigated Negative Declaration, Section E. Mitigation: No mitigation measures are required. IX. LAND USE AND PLANNING. Would the proj ect: a) Physically divide an established community? o o o . b) Con:flict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? o o . o c) Conflict with any applicable habitat conseryation plan or natural community conservation plan? o o o . 10 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a) The proposed commercial project would be consistent with the character of the surrounding area and, therefore, would not disrupt or divide an established community. b) The project site is within the CT. (Thoroughfare Commercial/Precise Plan) Zone and MCO (Mercantile and Office Commercial) area within the Montgomery Specific Plan and designated CR (Retail Commercial) under the General Plan. The proposed project would be consistent with the applicable zoning regulations under the proposed CCP (Central Commercial/Precise Plan) zone. c) The project would not conflict with any applicable adopted environmental plans or policies. Furthermore, the project would not encroach into or indirectly affect the Habitat Preserve area of the adopted Chula Vista MSCP Subarea Plan. Mitigation: No mitigation measures are required. x. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? o o o . b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? o o o . Comments: a) The proposed project would not result in the loss of availability of a known mineral resource of value to the region or the residents of the State of California. b) Pursuant to the Environmental Impact Report for the City of Chula Vista General Plan, the State of California Department of Conservation has not designated the project site for mineral resource protection. Mitigation: No mitigation measures are required. 11 Issues: XI. NOISE. Would the project result in: a) ExposUl" of persons to or generation of noise levels m excess of standards established m the local general plan or nOIse ordinaI1ce, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundboffie vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic mcrease m ambient noise levels in the project vicinity above levels existing without the project? e) For a project located \vitlln an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working. in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? 12 PotentiaHy Significant Impact o o o o o o Less Than Significant With Mitigation Incorporated o o o o o o Less Than Significant Impact . o . . o o No Impact o . o o . . Issues: Potentially Significant Impact Less Than Significant \Vitb Mitigation Incorporated Less Than Significant Impact No Impact Comments: a, c and d) See Mitigated Negative Declaration, Section E. b) It is not anticipated that persons wi]] be exposed to excessive groundborne vibration or noise levels, as there wi]] not be any heavy industrial equipment or machinery operated on-site beyond short-term construction activities. e) The project is not located within an airport land use plan nor within two miles of a public airport or public use airport; therefore, the project would not expose people working on-site to excessive noise levels. f) The project is not located within the vicinity of a private airstrip; therefore, the proposed development would not expose people working on-site to excessive noise levels. Mitigation: See Mitigated Negative Declaration, Section F. XII. POPULATION Ai'ID HOUSING. Would the project a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of road or other inITastructure)? D D .. D b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? D D D .. c) Displace substantial numbers necessitating the construction of housing elsewhere? of people, replacement D D D . Comments: a-c) Based upon the size and nature of the proposal, no significant population displacement or population grov.....th inducement IS anticipated. Although existing housing would be displaced, the proposal would result in a net mcre:J.Se in housing. Mitigation: No mitigation measures are required. XIII. PUBLIC SERVICES. Would the project: 13 Issues: Potentially Significant Impact Less Tha n Significant With Mitigation Incorporated Less Than Significant Impact No Impact Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental faciJities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios; response times or other performance objectives for any public services: a. Fire protection? 0 0 0 III b. Police protection? 0 0 0 . c. Schools? 0 0 0 . d. Parks? 0 0 0 III e. Other public facilities? 0 0 0 . Comments: a) According to the Fire Department, adequate fire protection services can continue to be provided to the site without an increase of personnel; however, the insta11ation of a fire hydrant on-site is required. The Fire Department's estimated time of arrival is within 5 minutes. The applicant is required to submit plans for a fire sprinkler system prior to building construction, to comply with the Fire Department policies for new building construction. The proposed project would not have a- significant effect upon or result in a need for new or altered fire protection services. The City performance objectives and thresholds will continue to be met. b) According to the Police Department, adequate police protection services can continue to be provided upon completion of the proposed project. The proposed project would not have a significant effect upon or result in a need for substantial new or altered police protection services. The City performance objectives and thresholds win continue to be met. c) The proposed project would not induce population growth; therefore, no significant adverse impacts to public schools would result. Furthermore, the applicant would be required to pay the statutory building pennit school fees for the proposed commercial office space and residential development. d) The proposal would not induce population growth and thus would not create a significant demand for neighborhood or regional parks or facilities. e) The proposed project would not have a significant effect upon or result in a need for new or expanded governmental senices and would continue to be served by existing pubhc infrastructure. 14 Issues: XIV. RECREATION. Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which have an adverse physical effect on the environment? Comments: PotentialJy Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact o o o . o o . o a) Because the proposal is sma]], it would not induce significant population growth and thus not create a significant demand for neighborhood or regional parks or facilities, or aJter or deteriorate existing recreational facilities in the area. b) The project does not include the construction or expansion of recreational facilities. According to the Parks and Recreation Element of the General Plan, the project site is not planned for any future parks and recreation facilities or programs. Miti2ation: No mitigation measures are required. )\:V. TRANSPORTATION / TRAFFIC. Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., resuJt in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at .. intersections)? b) Exceed, either individually or cumulatively, a level of semce standard established by the county congestion management agency for designated roads 15 o o . o o o . o Issues: or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial-.safety risks? d) Substantially mcrease hazards due to a design feature (e.g., sharp curyes or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Comments: See Mitigated Negative Declaration, Section E. Mitigation: No mitigation measures required. XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 16 Potentially Significant Impact D D D D D o D Less Than Significan-t With Mitigation Incorporated D D D D D o D Less Than Significant Impact D D D II D o D No Impact . II II D II II II Issues: c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfil] with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? 17 Potentially Significant Impact o o o o o Less Than Significant With Mitigation Incorporated o o o o o Less Than Significant Impact o o o . . No Impact . . . o o Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Signific3nt Impact No Impact Comments: a) The project site is located within an urban area that is seryed by al1 necessary utilities and service systems. No exceedance of wastewater requirements of the Regional Water Quality Control Board would result from the proposed proj ect. b) See XVI.a. No construction of new water or wastewater treatment facilities or the expansion of existing facilities would be necessary. c) No construction of new stonn drainage facilities or expansion of existing facilities would be necessaf'j. d) The project site is within the potable water seryice area of the Sweetwater Authority. Pursuant to correspondence from the Sweetwater Authority, the project may be seryiced from existing potable water mains. No new or expanded entitlements would be necessary to serye the proposed project e) See XVI.a. and b. f) The City of Chula Vista is seryed by regional landfil1s with adequate capacity to meet the solid waste needs of the region in accordance with State law. g) The proposal would comply with federal, state and local regulations related to solid waste. Miti2ation: No mitigation measures are required. XVII. THRESHOLDS Will the proposal adversely impact the City's Threshold Standards? A) Library D D D . The City shal1 construct 60,000 gross square feet (GSF) of additional library space, over the June 30, 2000 GSF total, in the area east of Interstate 805 by buildout. The construction of said facilities shal1 be phased such that the City win not fal1 below the city- - wide ratio of 500 GSF per 1,000 population. Library facilities are to be adequately equipped and staffed. 18 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact B) Police o o . o a) Emergency Response: Properly equipped and staffed police units shan respond to 81 percent of "Priority One" emergency cans within seven (7) minutes and maintain an average response time to all "Priority One" emergency cans of 5.5 minutes or less. b) Respond to 57 percent of "Priority Two" urgent calls within seven (7) minutes and maintain an average response time to an "Priority Two" calls of 7.5 minutes or less. C) Fire and EmerQencv Medical -- o o . o Emergency response: Properly equipped and staffed fIre and medical units shan respond to cans throughout the City within 7 minutes in 80% of the cases (measured annuany). D) Traffic o o . o The Threshold Standards require that an intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur during the peak two hours of the day at signalized intersections. Signalized intersections west ofI-805 are not to operate at a LOS below their 1991 LOS. No intersection may reach LOS "E" or "F" during the average weekday - peak hour. Intersections of arterials with freeway ramps are exempted from this Standard. E) Parks and Recreation Areas 0 0 0 . The Threshold Standard for Parks and Recreation is 3 acres of neighborhood and community parkland with appropriate facilities/1,OOO population east ofI-805. F) Drainage 0 0 . 0 The Threshold Standards require that storm water flows and volumes not exceed City Engineering Standards. Individual projects win provide necessary improvements consistent v'/ith the Drainage Master Plan(s) and City Engineering Standards. 19 Issues: G) Sewer The Threshold Standards require that sewage flows and volumes not exceed City Engmeering Standards. Individual projects wi]] provide necessary improvements consistent with Sewer Master Plan(s) and City Engineering Standards. H) 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. Applicants may also be required to participate in whatever water conservation or fee offset program the City of Chula Vista has in effect at the time of building permit issuance. Potentially Significant Impact D D 20 Less Th3 n Significant With Mitigation Incorporated D D Less Than Significant Impact II . No Impact D D Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a) No adverse impact to the City's Library Threshold standards would occur as a result of the proposed project. b) According to the Police Department, adequate police protection services can continue to be provided upon completion of the proposed project. The proposed mixed use project would not have a significant effect upon or result in a need for substantial 'new or altered police protection services. No adverse impact to the City's Police Threshold standards would occur as a result of the proposed project. c) According to the Fire Department, adequate fire protection and emergency medical services can be provided to the site. The Fire Stations that wi]] provide services to the proposed project are Stations I and 5 with estimated time of arrivals rrom 3-5 minutes. The proposed project would not have a significant effect upon or result in a need for new or altered fire protection services. No adverse impact to the City's Fire and Emergency Medical Threshold standards would occur as a result of the proposed project. d) According to the Traffic Engineering Section, with the addition of projected generated traffic, a]] roadway segments and intersections within the study area are estimated to continue to operate at level of seryice "c" or better in compliance with the City's Traffic Threshold Standards. e) Because the project site is located west of Interstate 805, this Threshold Standard is not applicable. f) A drainage study win be prepared in conjunction with the fmal grading and improvement plans and drainage facilities designed in accordance with the Drainage Master Plants) and City Engineering standards wi]] be insta]]ed at the time of site development. The applicant proposes new and improved drainage facilities incorporated within the project site. No adverse impacts to the City's storm drainage system or City's Drainage Threshold standards wi]] occur as result of the proposed project. g) The sewer facilities serving the project site consist "Of two 8-inch sewer mains running southerly along Broadway. The Engineering Division has determined that these facilities are adequate to serve the proposed project. No new sewer facilities are anticipated to be required and no adverse impacts to the City's Sewer Threshold standards wi]] occur as a result of the proposed project. h) Pursuant to correspondence received rrom the Sweetwater Authority, dated August 6, 2003 and March 19, 2004, there is an 8-inch water main located on east side of Broadway and there are currently two domestic water services currently serving the project site. As noted in the March 19, 2004 letter project impacts to the Authority's storage, treatment, and transmission facilities would be less than significant. 21 Issues: XVIII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop beiow 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? b) 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 project, and the effects of probable future projects.) c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Comments: Potentiany Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact D D . D D D . D D D . D a) The project site is located within an established urbanized area, and is within the designated development area of the adopted Chula Vista MSCP Subarea Plan. There are no known sensitive plant or animal species or cultural resources on the site. b) As described in the Mitigated Negative Declaration, significant direct project impacts would be mitigated to below a level of significance through the required mitigation measures. No cumulatively considerable impacts associated with the project when viewed in connection with the effects of past projects, other current projects and probable future projects have been identified and none are contemplated. c) See the "Hazards and Hazardous Materials" and "Air Quality" discussions in Section E of the Mitigated Negative Declaration; all identified potential impacts would be mitigated to below a level of significance. 22 XIX. PROJECT REVISIONS OR MITIGATION MEASURES: Project mitigation measures are contained in Section F, Mitigation Necessary to Avoid Significant Impacts, and Table I, Mitigation Monitoring and Reporting Program, of Mitigated Negative Declaration 15-03-034. X.X. AGREEMENT TO IMPLEMENT MITIGATION MEASURES By signing the liners) provided below, the Applicant and/or Operator stipulate that they have each read, understood and have their respective company's authority to and do agree to the mitigation measures contained herein, and wi1l implement same to the satisfaction of the Environmental Review Coordinator. Failure to sign below prior to posting of this Mitigated Negative Declaration wjth the County Clerk sha11 indicate the Applicant and/or Operator's desire that the Project be held in abeyance without approval and that the Applicant and/or Operator shan apply for an Environmental Impact Report. -:j)tlM<.J::> '})..Ufl.Or~NT bltwP 1.-lC_ Printed Name and Title of Applicant (or authorized representative) {A1liD'.> MA\:flItZO 3/;<'1/01 bate Printed Name and Title of Operator (if different from Applicant) Signature of Operator (if different from Applicant) Date ~' d XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: 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 the checklist on the previous pages. 0 Land Use and Planning DT ransportation/T raffic 0 Public Seryices 0 Population and Housing 0 Biological Resources 0 Utilities and Seryice Systems 0 Geophysical 0 Energy and Mineral 0 Aesthetics Resources 0 Agricultural Resources 0 Hydrology/Water .. Hazards and Hazardous o Cultural Resources Materials .. Air Quality 0 Noise o Recreation 0 Paleontological 0 Mandatory Findings of Significance Resources 24 XXII. DETER.c\1INATION: On the basis of this initial evaluation: I find that the proposed project could not have a significant effect on the D environment, and a Negative Declaration wi1l be prepared. I find that although the proposed project could have a significant effect on the . environment, there wi1l not be a significant effect in this case because the mitigation measures described 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 environment, D and an Environmental Impact Report is required. I find that the proposed project may have a significant effect(s) on the environment, but D at least one effect: I) 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 described on attached sheets, if the effect is a "potential1y significant impacts" or "potentially significant unless mitigated." An Environmental Impact Report is required, but it must analyze only the effects that remain to be addressed. D I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because al1 potential1y significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. An addendum has been prepared to provide a record of this determination. /;;~/a~~. Marilyn R.F. Ponseggi Environmental Review Coordinator City ofChula Vista 5/3/01 Date/ J :\Planning\MARlA. \Initia] Study\JS-OJ-034Checklisr.doc 25 :.:..", "', I j ". ^ ;~'r. ':L., '~'~1:~.' ~~ \--.f.'i..\..Il' ,~.: , . ''''~';: ' ~', .'. ._ < ~...r.-:r.::..';.;;' ;.;' I'~"';"'I;. 'i,]'~ .~ ~., .o,;.,>\-, ",,";;'~ .:.i.:.>":,A~<.a&.;~:' ."r -~.,;h;:., ;,;..\;....i~_ ~;t' ,:'ij~f~jJ1.~,,,. ,'i;';, '~,,,' ..j,;A"::':;~i:;7;.;~; ~ A TT ACHMENT 7 Central Chula Vista not been planned to include this connection and therefore may have created obstacles to its implementation. In addition, individual proposed developments may propose an alignment but it may not be one that results in the most clear and continuous overall system. In addition. a portion of this segment of the Greenbelt falls within the boundaries of National City. Close cooperation and coordination wi11 be necessary if the plans of both cities are to include the Greenbelt and provide the necessary ongoing support to assure its implementation. It is recommended that a detlil alignment and design study be undertal<en to establish this route in cetJ.il. This could be part of the Chula Vista Greenbelt Master Plan or as an immeciate separate study item. Its focus should be to assure that -decisions are not made that would preclude the completion of this connection or necessitate a difficult and expensive solution. It should also serve to infonn affected property owners of the importance of this ope:J space connection and how it should be accomplished. 5.9 BROAD'rVAY RESIDE~TL-\.L DKVELOPl'YIE~l The introduction of medium and high density residential is seen as potentia!!:; desirable in ceruin sections of Broadway to break the continuous strip of retail commercial. The area most suitable for the introduction of re~'dential land uses is between Flower Street on the north and I Street on the south. The development of residential land uses in this area can be mixed use commercial/residential typically with the commercial as the first level and residential units above. It can also be only residential uses. In either case, the introduction of residential uses on Broadwav should carefully consider access, the appropriate setbacks from the roadway and screening from any adjacent non-compatible land uses. The future implementation of this policy should include consideration of a special zone or land use overlay which would establish more specific criteria for project design. 10-19 ATTACHMENT 8 DAVE FIELD JR 1036 Jefferson Ave. Chula Vista, Ca 91911 (619)691-5911 sdmobius@juno.com April 26. 2004 City ofChula Vista Planning and Building Dept. 276 Fourth Ave. Chula Vista, Ca 91910 Attn: Jeff Steichen Case Number: ORC 04-40 Mr. Steichen. This letter is in response to the proposed Pharus Plaza project to be located at 1030-1034 Broadway. Here are several concerns regarding the proposed project: 1. Height of buildings from current residential properties to the Westside of proposed project. 2. Building setback from residential properties to the West. 3. High density of proposed project for already congested urban area. 4. School impact for Harborside Elementary 4. Parking overflow from residents onto Broadway and adjacent side streets. Property owners quality of life to the Westside of the project will be adversely affected. Some type of design change is needed for the noise, congestion and visual intrusion this will be to residents who live next to and around this proposed project. Please feel free to contact if you have any additional questions or comments. Sincerely. Dave Field Jr. (619)691-5911 / / ~? /- ATTACHMENT 9 DESIGN REVIEW COMMITTEE. Summary Staff Report CASE NO. DRC-04-40 MEETING DATE: Mav 17. 2004 AGENDA NO. 1 PROJECT DESCRIPTION: Construction of a mixed-use project consisting of a 5,000 square foot two-story professional office building along Broadway, and 30 condominium units to the rear on a 1.3 acre site located at 1030/1034 Broadway. PROJECT NAME AND LOCATION: Pharos Plaza 1030/1034 Broadway APPLICANT: Carlos Madrazo 101 Plaza Escalante Chula Vista, CA 91910 ARCHITECTS: Jose Alberdi 1133 Quinto Creek Place Chula Vista, CA 91913 ASSESSOR PARCEL NUMBER: 618-110-11,12 GENERL PLAN DESIGNATION: CR (Commercial Retail) MONTGOMERY SPECIFIC PLAN: MCO (Mercantile & Office Commercial) ZONE: CT (Thoroughfare Commercial) STAFF CONTACT: Jeff Steichen, Associate Planner ENVIRONMENTAL STATUS: The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-03-034 in accordance with the California Environmental Quality Act. Bas~d upon the results of the Initial Study, the Environmental Review Coordinator has determined that the project could result in significant effects on the environment. However, revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, 15- 03-034. DRC-04-40, Pharus Plaza -2- May 17, 2004 RECOMMENDATION: Approve the project subject to the conditions noted in draft Notice of Decision attached to this report. 1. Proiect Settin!! The project is located on the east side of Broadway, south of Moss Street. Surrounding land uses include: single-family residential to the west, multi-family and commercial to the north, commercial to the south and east. (see Locator Map). 2. Proiect Description' The applicant requests a mix-use project consisting a 5,000 square feet two-story office building along Broadway and, 30 condominium units to the rear. Each condominium unit contains a private patio or balcony. Common usable open space includes landscaping, open lawn and courtyard areas, covered kiosk and BBQ. The two 12-plex residential buildings are oriented towards the common open space areas. A pedestrian corridor runs between the two rear 3 unit buildings to open up into open space/landscaped area at the rear of the property. 3. Proiect Evaluation Criteria The project is subject to the requirements of the Title 19 of the Chula Vista Municipal Code (Zoning Ordinance). Staff utilized the Chula Vista Design Manual (CVDM),City OfChula Vista Municipal Code (CVMC), Montgomery Specific Plan (MSP) and the City Of Chula Vista Landscape Manual (CVLM) for reference. DRC-04-40, Pharus Plaza -3- May 17, 2004 4. Proiect Data Assessor's Parcel Number: 618-110-11,12 Current Zoning: CTP, Thoroughfare Commercial Proposed Zoning: CCP, Central CommerciallPrecise Plan General Plan Designation: CR-Commercial Retail Lot Area: 1. 3 acres REQUIRED/ALLOWED: PROPOSED: Parking: Standard Spaces: 57 Residential, (2 spaces/unit): 60 Compact Spaces: 15 Office (1 space/300 s.f.): 11 Disabled: 1 Total required: 77 Shared: 4 Total: 77 10% of the total is allowed for compact spaces. 21% Lot Coverage: 50 percent 22.3% Dercent Setbacks: Office (CC standards) Front Yard: 25 feet 3 feet (arcade) 8 feet (bldg.)* Side Yard: 0 o feet Distance between bldgs: 10 feet 15 feet between office bldg. and residential bldg. #1 Residential (R3 standards) Side Yard: 7 feet (north side) 5 Yz feet (north side)* 7 feet (south/adj to commercial) 74 ft (south/adj. to commercial) 15 feet (south adj. to R-I) 10 feet (adjacent to R-I)* Rear Yard: 17 feet 15 feet (bldg.) 13 feet (ba1cony)* Building Height: Office (CC zone) unlimited 2 story 30 feet Residential (R3):2 story/35 feet maximum* 3 story 35 feet** *Requires flexibility from CC, R3 zone and Montgomery Specific Plan per section 19.56.040 and 19.56.041 of the CYMC. **Section 19.28.060(A)(2) states that principal buildings up to three and one-half stories or 45 feet in height may be approved by the design review committee based upon criteria discussed in this report. DRC-04-40, Pharus Plaza -4- May 17, 2004 5. Staff Analysis Project Review Staff has met with the applicant on a weekly basis for the past few months in order to make sure all pertinent issues were addressed in a timely manner. These issues included: site design and layout; architectural building enhancements; adequacy of parking; landscaping and screening. On January 12, 2004, the proj ect went before the DRC for preliminary review. Comments ITom the committee have been addressed and incorporated into the latest plan submittal. Comments ITom the Committee included: interspercing canopy trees with palms in tree wells along Broadway; adding additional architectural treatments on both sides of driveway entrance; and providing the rear elevations of the office building at the next meeting.. Subsequently to the Preliminary DRC, staff continued to work with the applicant to address these concerns, as further discussed in this report. Site Plan Building Placement Page ]11-2 ofCVDM states that "structures should be sited in a manner thatwil/ complement adjacent structures. Sites should be developed in a coordinated manner to provide ordered diversity and to avoid jumbled conjilsion. The project consists of a two-story professional office building along Broadway and, 30 condominium units to the rear. Each condominium unit contains a private patio or balcony. Common usable open space includes landscaping, open lawn and courtyard areas, covered kiosk and BBQ. The two 12-lex residential buildings are oriented towards the common open space areas. A pedestrian conidor runs between the two rear 3 unit buildings to open up into open space/landscaped area at the rear of the property. The placement of both the cornmercial office building as well as the residential (condominium) component have been strategically placed on the site in order to maximize the compatibility ofland use with the surroUIldifig area. The propose office building will be located on the ITont of the site, closest to Broadway and will be adjacent to existing commercial development to the north, south, and east (across Broadway). The proposed residential buildings to the rear portion of the site will be surroUIlded by existing single- family residential to the west, multi- family to the north and vacant portion of commercial lot! portion ofR-llot to the south. DRC-04-40, Pharus Plaza - 5- May 17, 2004 An important design aspect of the project has to do with the interface of the rear ofthe office building with the residential units behind. Staff has worked with the applicant to create an open courtyard area between the rear of the office building and the fTont of the residential building. The applicant has added a rear fa<;ade to the office building which complements the architectural design of the fTont ofthe residential buildings. This has resulted in shifting a portion of the parking area to its present location, thereby providing a separation between the two 12-plex buildings. Another design feature has been the use of "mirror" images. This can be seen in the duplication of building layout both in tenns of building footprint but location on the site. This also accounts for the similarity in the overall north and south elevation of the project. Page 111-2 of CVDM states that "whenever possible, new structures should be clustered This creates plazas and pedestrian malls and prevents long "barracks-like" rows of structures. Staffhas worked with the applicant to change the building orientation of the residential units to the rear to provide for a large open space/courtyard area. The rear fa<;ade of the office building will also be designed to be architecturally compatible with the residential building. Vehicular and Pedestrian Access/Circulation Page 111-3 ofCVDM states the desire to "locate structures and on-site circulation systems to minimize pedestrian/vehicle conflicts. Link stl'1lctures to the public sidewalk where possible with walkways. textured paving. landscaping and trellises. The project has been designed with a pedestrian orientation towards Broadway. As such, placement ofthe one story arcade feature attached to the fTont of the office building will be located only 3 feet fTom the fTont property line with the office building itself located 8 feet fTom the fTont property line. This is less than the required 25 feet required by the CC zone (rezone pending). It is also less than the 15 foot fTont yard setback required by the Montgomery Specific Plan. Staff believes the projects emphasis on a more urban and pedestrian oriented design is in keeping with the current development design trends. Both the CC zone and Montgomery Specific Plan standards were adopted at a time when the emphasis was on having buildings set back behind a landscaped/parking area. In addition to the closer proximity of the building towards Broadway, a covered pedestrian walkway highlighted by textured paving will be provided near the southern edge ofthe office building (north ofthe driveway/parking area). Decorative paving will outline the walkway corridor. The walkway will provide dual purpose of pedestrian access fTom Broadway to the residential units as well as on site pedestrian access fTom the office parking area to the office building. In addition, walkway corridors will be provided between the second ahd third floor of Building 2 with the second and third floor of Buildings 3 and 410cated towards the rear of the site. DRC-04-40, Pharos Plaza - 6- May 17, 2004 Parking CVMC section 19.58.205(D) states that parking access and circulation shall be largely independentfor the commercial and residential component of the project. The project requires a total of 77 parking spaces. The thirty condominium units require a total of 60 parking spaces. The 5,000 square foot office building requires a total of 17 parking spaces. A total of 56 parking spaces wi]] be provided exclusively for the residential units and a total of 13 parking spaces wi]] be provided exclusively for office use. The remaining 4 spaces will be shared spaces by use for both the office and for guest parking for the residential units. In order to maintain separation between the parking for the office and residential uses, a security gate wi]] separate the 56 exclusively residential parking spaces trom the 17 office/shared parking spaces located towards the fi:ont of the site. The four shared parking spaces will be located directly in tront of the security gate. The Special Use Permit required for the project will contain a condition requiring a reciprocal parking agreement in order to insure that said 4 parking spaces will be available for both the office and guest parking use. Due to the design and site constraints, it was not possible to achieve any clearer separation of access and circulation between office and residential units on the site. Access to the parking in the rear will be exclusively for owners ofthe residential units. Both the request to allow an increase in compact parking spaces fi:om 10% to 21 % as well as the a]]owance for four shared parking spaces will be addressed as part of the precise plan that will be required for approval of this project. Building Height Although the normal building height restriction is two and one-half stories or 28 feet, section 19.28.060(2) contains a provision a]]owing principal buildings up to three and one-half stories or 45 feet in height if approved by the design review committee. Said approval is contingent upon the finding that the height, bulk, mass and proportion of a]] structures is compatible with the site, as well as in scale with structures on adjoining and surrounding structures. While the height of the proposed residential buildings is greater than the surrounding residential development, staff believes said height will be compatible with surrounding development due to: I) the large linear distance ftom existing single family residences and 2) the use of large open space areas between the two proposed 12-plex buildings which further reduce the bulk and mass that could otherwise be created by a single large three story residential complex. In addition, the two residential triplex buildings to the rear (Buildings 3 and 4) provide a pedestrian corridor between them which opens up into an open space/landscaped area at the rear of the property line, also reducing the mass and bulk of the project. DRC-04-40, Pharus Plaza - 7- May 17, 2004 Landscaping The project is subject to code regulations and design precepts outlined within the City Landscape Manual (CLM) and the Chula Vista Design Manual (CVDM). Within the common open space areas a mixture and variety of planting types and planting arrangements have been provided to enhance the project through the landscape design. Plantings have been selected to complement the architectural elements and provide function to the activity bar-b-q area. A total of 4 outdoor bar-b-que areas have been conveniently located for the multi-family residents along the northern edge ofthe project. Two open courtyard areas are provided as outdoor "gathering" areas. It appears that enhanced paving will be used in both of these areas. If the intention of these outdoor courtyard areas is for "people gathering" areas then seating amenities should be provided. A condition has been added that requires the applicants designers to provide this infonnation for staff approval at the building pennit stage of development. Most ofthe open space areas are planted with a drought-tollerant turf species for the function offoot traffic and use in these areas. A mixture offoundation shrub plantings and shade trees have been provided elsewhere throughout the open space area. A condition has been provided that requires a standard concrete mow edge to separate lawn areas fiom shrub areas. In addition, approved tree root barriers will be required for tree plantings located within 5 feet of hard surface as a condition. The trees located at the western edge of the site are required to be placed at least 5 feet away fiom the project property line. A condition has been added to the notice of decision for this. A clarification needs to be made in regards to comment ofDRC at the preliminary meeting to discuss this project on January 12, 2004. There was a suggestion to intersperce canopy trees with palm trees along Broadway. The street tree design along Broadway has already been pre-detennined and is not within the boundaries of the project for which the DRC is reviewing. The Director of Public Works Operations has noted the Committee's concern but has advised that the Palms on Broadway were selected specifically to address a variety of constraints along the entire length of the street. Any deviations would only be approved as part of a comprehensive streetscape re-design such as the Urban Corp Specific Plan may propose. Parking lot landscaping- The project satisfies code requirements for parking lot landscaping. A combination of shrub and canopy tree plantings with parking lot enhanced paving within the driving aisles have been provided. The parking lot landscape design provides semi-evergreen shade trees placed every 4th parking stall in diamond planters. Standard parking spaces are proposed throughout the parking area. Semi-evergreen shade trees have been selected to provide shade within the parking areas. Additionally woody decorative shrubs and groundcover are proposed to finish the plantings within the parking lot area to supplement the shade trees. DRC-04-40, Pharus Plaza - 8- May 17, 2004 Trash Enclosures & Recvcling PAGE 11-9 OF CVDM states that (trash) enclosures shall be located in convenient but unobtrusive areas, well screened with landscaping and positioned so as to protect adjacent uses from noise and odors. The project features three separate trash enclosures on the site. It was determined this number of enclosures was needed, based upon meetings held with the Conservation and Environmental Services Department, who also approved the proposed location of said enclosures on the site. The enclosure to service the office building will be integrated into the building fayade on the southernmost end of the building. The first will be integrated into the southernmost portion of the proposed office building, adjacent to the office parking area. The second enclosure will be located just southwest of the southernmost 12-plex building (Building 2). The applicant has recently agreed to add a third enclosure just south ofthe rear triplex units, at the southernmost area of the parking lot. These three locations have been strategically chosen to provide the greatest amount of flexibility to both residents and office tenants. Be being integrated into the building, the northernmost trash enclosure will not be visible when viewed from Broadway. The second enclosure, for use of the northernmost residential building, is located southwest ofthe residential buildings. Because this enclosure is located on the corner ofthe where the parking area turns in a northward direction, staffhas conditioned the project to ensure there is some architectural treatment added to the metal doors which will be visible as vehicles maneuver around this corner. The third enclosure, to seryice the remaining residential units, is located just south of Building 3 is adequately screened fonn adj acent residential uses. The details of the trash enclosures may need be revised in conjunction with the requirements ofthe City's Solid Waste Management Plan. The applicant will be required to prepare and receive approval of a solid waste and recycling plan prior to issuance of building pennits. Architecture The proposed office building will have a front fayade on Broadway, while the rear of the building will offer a residential fayade. There will be 24 two bedroom units housed in two identical looking 3 story 12-plex residential buildings. The remaining 6 units will be house in two identical looking triplex units to the rear. Page IV-9 of the CVDM states that" heights and setbacks within the same building should be varied, and wall planes staggered both horizontally and vertically in order to create pockets of light and shadow and to provide visual reliefJi'om monotonous. uninterrupted expanses of wall. " DRC-04-40, Pharus Plaza - 9- May 17, 2004 The office building has been designed to prcvide a variety of articulations which soften toe rectangular linear massing of the building as seen ITom Broadway. The first story wi11 contain an arcade feature with walkway below. The top of this arcade feature wi]] provide for a second story walkway along the entire northern elevation of the onice building. In addition, twin vertical tower elements wi]] flank the onice building at the north and south side of the ITOnt elevation. This, along with a mansard roof feature in the center of the building, wi]] provide vertical relief to the onice building. Page 11-9 of EBCSDG states that structures should be designed to create transitions in fonn and scale between large building and adjacent smaller buildings. In order to carry the architectural theme along the entire proj ect ITOntage, and based upon the DRC comments ITom the preliminary meeting of January 12, 2004, the applicant has now provided for a tower elementlkiosk building along the southernmost end of the ofthe site, along the same plane as the proposed office building. This wi]] provide continuity in architectural theme, across the driveway areas by containing some of the design features of Building A" wi1l not contain the same level of detail. Page 111-2 ofCVDM states that "structures should be sited in a manner thatwil/ complement adjacent structures. Sites should be developed in a coordinated manor to provide ordered diversity and to avoidjumbled confilsion. Based upon DRC comments ITom the preliminary meeting of January 12, 2004, additional architectural treatments have been added to the rear elevation of the office building in an effort to replicate the design theme of the residential units. The use of window grids helps mimic the fenestration ofthe residential units. The rear elevation ofthe office building along with the ITOnt elevation of the northernmost l2-plex building provide for an open courtyard appearance between the office and residential buildings. Page 11-1 of CVDM states that a goal of multi-family developments is to "promote an attractive and functional arrangement of buildings and ample open spaces which are sensitive to the physical characteristics of the site, and which provide a high standard of visual quality and liveability for the residents. Page 11-1 ofCVCM states that a goal of multi -family developments is to "incorporate within the project architecture a sense of harmony and human scale, while providing for visual interest and individual unit identity, as well as privacy and security for each resident and the project as a whole. One of the major goals of this project is to emphasize the pedestrian orientation of the project. As such, the office building in ITont will actua]]y encroach into the ITont yard setback, in order to be placed closer to the street. An enhanced covered wal1"vay ITom DRC-04-40, Pharos Plaza - 10- Mav 17, 2004 . Broadway through the office building wi]] provide for pedestrian passageway to both the office building/parking and the residential units to the rear. Materials/Colors The materials for the both' the office building as we]] as residential buildings wi]] consist primarily of colored stucco. A flat concrete roof tile wi]] be used for the two towers of the office building. A light weight flat concrete roof will be used at the middle of the office building. The rooftreatment of the residential buildings will utilize an asphalt type roofing material. Visual/Screening An initial concern of staff involved the interface of the southernmost portion of the project with existing single- family residences just south ofthe project site. At the present time, only four balconies will face the rear of the project. Visibility ITom the second story balconies wi]] be mostly shielded by the proposed row of trees along the rear property line. Only the two remaining (third story) balconies wi]] provide for views beyond the rear of the site, with the applicants goal of providing for ocean views to the west. The applicant has now provided a minimum 15 foot setback in the rear, and the rernoval of balconies on the second story which origina]]y projected into this setback with the potential of residents to see into the yards of the surrounding single family lots. Based upon additional concern expressed by a nearby resident of the project site regarding retention of privacy for the R-I lots to the west, the applicant has agreed provide an additional 4 trees along the rear property line as we]] as to increase the height of the proposed perimeter wa]] along the west elevation ITom 5 feet to 6 feet. In addition, the applicant has agreed to modify the origina]]y proposed solid wood fence along the rear property line to a combination of masonry and wood between masonry pilasters. Because the project site contains a mixture of commercial and residential uses and is also adjacent to both types of land uses. Although section 19.58.360 requires a solid masonry wa]] along a property line separating any commercial zone/uses ITom adjacent residential zone, staff concurs with the applicant that, for unifonnity sake, a combination of wood and masonry wa]] will be best around the entire site. It should be noted that a typical R-I lot contains a depth of between 100120 feet. However, the R-I lots located just west of the project site contains depths of approximately 265 feet with existing homes which ITont along Jefferson Street. Because the existing homes are located at least 150 feet from the subject site property line, staff does not believe privacy to be an issue, given the concessions made by the applicant to increase the screening of the site by use of additional landscaping and increased height of perimeter wall. The applicant has also relocated the BBQ' s. originally proposed near the rear property line, to the south side of the project in order to provide additional screening of the project ITom adjacent single family lots to the west. DRC-04-40, Pharus Plaza -11 - May 17, 2004 Signage The only signage proposed would be tenant signage along the horizontal bands at the top of the individual office suites and also the possibility of signage incorporated into the southernmost tower element. No rreestanding signs are proposed for this project. 6. Conclusion The proposed proj ect is in substantial confonnance with the Chula Vista Design Manual and the Landscape Manual therefore; staffrecommends approval of the project subject to the conditions noted in the attached Notice of Decision (Attachment 5). Attachments: 1. Locator Map 2. January 12, 2004 DRC minutes 3. Mitigated Negative Declaration 4. Exhibit (Project Plans) 5. Draft Notice of Decision 6. Letter !Tom nearby resident 7. Disclosure Statement J :\PlanningVeff\westemCV\l 030Broadway\reports ~\f~ -~- ~ .: .......- - , ATTACHMENT 10 p I ann n g & Building Planning Division Department Development Processing CIlY OF CHULA VISTA APPLICATION APPENDIX B Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial . interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. PtlAf2U ~ ))e-u~e'f\!T fdiaJp 2. if any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. C,<>,r<.UDS, J\U.\)~Pt"Z.D MGT PAQ.,tJt?I2S .}.;/W .. . MA-"Da.,cf-u:J CljIU:>T( 4rirJ.:f I\J.A-DI1470 3. If any person' identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. - Jo'SE.. A\..~wi <ill.. t.A{l.(.O"> M ADiU!7--D 5. Has any person' associated with this contract had any financial dealings with an official" of the City of Chula Vista as it relates to this contract within the past 12 months. Yes V No_ J6~ At..-eea-Dr deL. If Yes, briefly describe the nature of the financial interest the official" may have in this contract. OES,/GN CON S(JL. 'rr'tNI 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No V Yes _ If yes, which Council member? . 276 Fourth Avenue (hula Vista California 91910 16191691-5101 ~\f~ -11- ~ - - = p I ann n g & Building" Planning Division Department Development Processing CnY OF CHUlA VISTA APPLICATION APPENDIX B Disclosure Statement - Page 2 7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista in the past twelve (12) months? (This Includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes_ No V" , If Yes, which official" and what was the nature of item provided? Signature of Co Icant Date: "I / I / 0 'I 'R b"U.>l'. -^;- CIKxJp type name of Contractor/Applicant Print or . Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. .. Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. 276 Fourth Avenue Chula Vista California 91910 16191691-5101