HomeMy WebLinkAboutPlanning Comm Reports 2004/02/25 (4)
PLANNING COMMISSION AGENDA STATEMENT
Item N~
Meeting Date: 02/25/04
ITEM TITLE:
Resolution of the Planning Commission of the City of Chula Vista
Certifying the Program EIR for the 2004 Amended and Restated
Redevelopment Plan for the Merged Chula Vista Redevelopment Project,
and Recommending that the City Council Certify the final Program EIR
Resolution of the Planning Commission of the City ofChula Vista Making
its Report and Recommendation on the Proposed 2004 Amended and
Restated Redevelopment Plan for the Merged Chula Vista Redevelopment
Project
BACKGROUND:
In November 2002, the Redevelopment Agency initiated an amendment to the Bayfront/Town
Center I Redevelopment Plan and the Merged Chula Vista Redevelopment Plan (consisting of
the Otay Valley, Town Centre [! and Southwest Redevelopment Plans), As a result of the
decision to withdraw the Bayfront/Town Centre I amendment and the West Fairfield property,
City statl terminated the combined amendment process, A new plan amendment was
commenced with the designation of the survey area by the City Council on January 6, 2004,
Tonight. staff is presenting the revised plan that is consistent with the new amendment that was
commenced in January 2004, If adopted by the City Council later this year, the proposed 2004
Amendment would achieve the following:
I) Consolidate the previously merged Town Centre II, Otay Valley, and Southwest
Redevelopment Plans into a single amended and restated redevelopment plan docwnent
to be known as the Merged Chula Vista Redevelopment Plan, including updating the
public improvement and facility projects list in the Plan;
2) Add approximately 494 acres of property located throughout the western part of Chula
Vista to the Merged Chula Vista Redevelopment Project Area ("Added Area"); and
3) Reestablish eminent domain authority for a period of 12 years on all property (except for
residentially-occupied property in a residential zone) in the Town Centre II constituent
area of the Project Area; and
4) Reestablish eminent domain authority for a period of 12 years on all property in the Otay
Valley constituent area of the Project Area,
In accordance with the requirements of the California Environmental Quality Act (CEQA), a
Final Program EIR has been prepared to analyze the environmental impacts of the proposed 2004
Amendment to the Merged Chula Vista Redevelopment Project. This staff report discusses the
general content of the Final EIR, CEQA Findings of Fact and a Mitigation Monitoring and
Reporting Program have been prepared to reflect the conclusions of the Final EIR as well as
responses to the comments received during the public review period.
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The first action before the Planning Commission tonight is consideration of a resolution
certifying the Final Program EIR and recommending that the City Council certify the Final
Program EIR. The action before the Planning Commission is required pursuant to the City of
Chula Vista's Environmental Review Procedures (Section 6,9),
The second action before the Planning Commission is consideration of a resolution making its
report and recommendation on the 2004 Amended and Restated Redevelopment Plan for the
Merged Chula Vista Redevelopment Project. Redevelopment Law requires the Agency to
submit the 2004 Amendment to the Planning Commission for its report and recommendation.
The Planning Commission's report and recommendation on the 2004 Amendment consists of
two parts: a) to determine whether the proposed 2004 Amended and Restated Redevelopment
Plan for the Merged Chula Vista Redevelopment Project conforms to the City's General Plan,
and b) to provide the City Council a recommendation concerning approval of the 2004
Amendment.
RECOMMENDA nON:
That the Planning Commission adopt:
. Resolution No. _ certifying the Program EIR for the 2004 Amended and Restated
Redevelopment Plan for the Merged Chula Vista Redevelopment Project Area, and
recommending that the City Council certify the Final Program ElR.
. Resolution No, ~ making its report and recommendation on the 2004 Amended and
Restated Redevelopment Plan for the Merged Chula Vista Redevelopment Project.
BOARDS/COMMISSIONS RECOMMENDATION:
The Resource Conservation Commission (RCC) reviewed the Draft EIR (EIR 04-01) on
September 15, 2003. After reviewing and discussing the document, the RCC voted 6-0 to
recommend the certification of the Final EIR by the City CounciL The RCC provided comments
on the Draft EIR, and found the Draft EIR to be in Compliance with the California
Environmental Quality Act (CEQA), The public comment period for EIR-04-01 was closed at
the Planning Commission meeting of October 8, 2003 at which time no comments were received
from either the public or Commission members.
In addition, two project area committees representing portions of the Project Area (the Town
Centre Project Area Committee and the Added Area Project Area Committee) reviewed the 2004
Amendment with respect to the impact on the portions of the Project Area within their
jurisdiction, On September 17, 2003, the Town Centre Project Area Committee adopted its
report and recommendation on the 2004 Amendment and recommended that the City Council
adopt the amendment. On October 9, 2003, the Added Area Project Area Committee adopted a
similar recommendation, but requested adoption of additional relocation policies, which will he
considered by the City Council prior to adoption of the 2004 Amendment.
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DISCUSSION:
CEOA Compliance
The ErR reviewed all potential environmental impacts associated with the Amendment to the plan,
Topics addressed in the EIR include: Aesthetics, Air Quality, Biological Resources, Cultural
Resources, Geology/Soils, Hydrology/Water Quality, Land Use/Planning, Noise,
Transportation/Traffic, Public ServiceslUtilitieslService Systems, Hazards and Hazardous
Materials, Population and Housing, and Recreation. Additionally, the EIR addressed all other
sections as required by the CEQA.
The EIR analyzes the significant, short and long-tenn impacts related to the adoption of the 2004
Amendment. The EIR is a program-level EIR as there is no specific development project associated
with the 2004 Amendment. The EIR includes as much detail as possible given the programmatic
nature of the proposed Amended and Restated Redevelopment Plan in order to maximize
infonnation available for the public review, thereby minimizing the extent of future project-specific
environmental docwnentation, The EIR includes infonnation gathered from the Initial StudylNotice
of Preparation correspondence from utility/service providers, available literature/reference
documents, and consultation with potentially affected agencies,
Comments on the Draft EIR
The Draft Program EIR was prepared and made available for a 45-day public review period on
August 25, 2003, In accordance with City environmental review procedures, the Resource
Conservation Commission considered the draft Program EIR during the review period on
September 15, 2003, and was among seven parties that submitted comments on the Draft EIR.
Other parties submitting comments included Sweetwater Authority, the City of San Diego, the
County of San Diego, U,S. Fish and Wildlife Service and the SDG&E, and SANDAG. The
Planning Commission closed the 45-day review period on October 8, 2003, Written responses have
been prepared to all seven written comments received to the Draft EIR. The responses have been
mailed to all public agencies that submitted written comments.
Swnmarv of Environmental Impacts
In general, the EIR concluded that because of consistency with the City's General Plan, adoption of
the Amended and Restated Redevelopment Plan as a result of the 2004 Amendment would not result
in any significant unmitigated environmental impacts, The EIR acknowledges that the Amended and
Restated Redevelopment Plan may indirectly encourage and potentially expedite development in the
Merged Chula Vista Redevelopment Project Area; however, the resulting development and impacts
are not anticipated to be beyond policy as set forth in the City's General Plan, In general, the EIR
concluded that there would be no significant environmental impacts of the 2004 Amendment with
implementation of mitigation measures included in the EIR. The issues identified in the EIR are
discussed below:
I) Land Use/Planning: The 2004 Amendment does not propose any specific projects that have
been submitted to the City in any sufficient detail so that they may be analyzed with any
accuracy at this time. The City will detennine if additional environmental analysis is
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warranted, and prepare additional analysis as necessary for future projects that are officially
submitted for full and complete review. The ErR concluded that because the Amendment
does not alter land use policies from the adopted General Plan and that the Amended and
Restated Redevelopment Plan confonns to the General Plan, adoption of the 2004
Amendment does not have any significant direct land use impacts based on the land use
threshold criteria. Mitigation measures will be imposed on future projects in the Merged
Chula Vista Redevelopment Project Area to ensure that the necessary infrastructure in a timely
manner to avert impacts due to project implementation.
No significant land use impacts are anticipated with adoption and implementation of the 2004
Amendment and incorporation of the mitigation measure.
2) Geologv/Soils: The 2004 Amendment does not propose any specific projects that have been
submitted to the City in any sufficient detail so that they may be analyzed with any accuracy at
this time, The City will detennine if additional environmental analysis is warranted, and
prepare additional analysis as necessary for future projects that are officially submitted for full
and complete review, As with any development in Chula Vista, future development would be
exposed to geologic hazards and seismic activity due to the presence of active faults that affect
Chula Vista. Mitigation measures incorporated into the ErR include City approval of a
detailed geotechnical investigation and implementation of grading and design
recommendations prior to issuance of any final grading pennit for development, City or
Agency review of all development plans and implementation of appropriate liquefaction
prevention measures for potential liquefaction impacts, and review of. and implementation of
appropriate prevention measures for, potential differential settlement impacts,
No significant geology/soils impacts are anticipated with adoption and implementation of the
2004 Amendment and incorporation of the recommended mitigation measures,
3) Hvdrologv/Drainage and Water Oualitv: The 2004 Amendment does not propose any specific
projects that have been submitted to the City in any sufficient detail so that they may be
analyzed with any accuracy at this time. The City will detennine if additional environmental
analysis is warranted, and prepare additional analysis as necessary for future projects that are
officially submitted for full and complete review, The ErR acknowledges that future
development within the Merged Chula Vista Redevelopment Project Area may result in
drainage, flooding susceptibility, increased runoff, surface water quantity and urban pollutants,
or erosion impacts, Development within the Merged Chula Vista Redevelopment Project
Area would be required to comply with the City's applicable codes and guidelines, including
NPDES Construction and Municipal Pennits, including Standard Urban Stonn water
Mitigation Plans (SUSMP) requirements, and the implementation of Best Management
Practices (BMPs) to the satisfaction of the City Engineer to avoid these impacts, There will be
no significant drainage or water quality impacts with adoption and implementation of the 2004
Amendment and incorporation of the recommended mitigation measures,
4) Traffic and Circulation: The 2004 Amendment does not propose any specific projects that
have been submitted to the City in any sufficient detail so that they may be analyzed with any
accuracy at this time, The City will detennine if additional environmental analysis is
warranted, and prepare additional analysis as necessary for future projects that are officially
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submitted for full and complete review. Based on the threshold criteria the adoption and
implementation of the 2004 Amendment could encourage development that could have
significant traffic and circulation impacts to the area transportation and circulation system.
City staff will evaluate future projects during the environmental process to determine if a
traffic study is warranted, Mitigation measures incorporated into the Final EIR include the
following: conducting and implementing recommendations in traffic studies consistent with
City policy, and construction of recommended circulation system improvements prior to
issuance of a certificate of occupancy.
There will be no significant traffic and circulation impacts with adoption and implementation
of the 2004 Amendment and incorporation of the recommended mitigation measures.
5) Aesthetics: The 2004 Amendment does not propose any specific projects that have been
submitted to the City in any sufficient detail so that they may be analyzed with any accuracy at
this time. The City will determine if additional environmental analysis is warranted, and
prepare additional analysis as necessary for future projects that are officially submitted for full
and complete review. The EIR acknowledges that future development could have aesthetic
impacts, including architecture, urban design, landscaping, and/or landforms that negatively
detract from the aesthetic character of a site, or surrounding area. In addition, projects could
increase light and glare and impact existing land uses in the vicinity that are sensitive to light
and glare. Development along F Street and Fourth Avenue could impact the scenic qualities
of these two roadways because they are designated as scenic roadways. The Amendment
enable the Agency to undertake projects to eliminate blight and implement public
improvement projects that could improve the aesthetic quality of the Merged Chula Project
Area; future development would be evaluated for consistency with applicable City policies
and mitigation measures would be implemented to reduce potential impacts in the future.
Mitigation measures include review of project plans and building design, and conformity with
applicable design manual and other standards,
No significant aesthetic impacts are anticipated with adoption and implementation of the 2004
Amendment and incorporation of the recommended mitigation measures,
6) Noise: The 2004 Amendment does not propose any specific projects that have been submitted
to the City in any sufficient detail so that they may be analyzed with any accuracy at this time.
The City will determine if additional environmental analysis is warranted, and prepare
additional analysis as necessary for future projects that are officially submitted for full and
complete review, While development within the Merged Chula Vista Redevelopment Project
Area may result in increased noise levels, it is not possible to analyze the specific extent of
these impacts at this time because the 2004 Amendment do not propose projects of such
specific nature and scope that can be analyzed with any accuracy at this time. City staff would
review future projects for potential noise impacts as appropriate. When applicable, noise
studies would be required to ascertain conformance with City policies. Mitigation measures
included in the EIR include: review of projects in context of the Noise Control Ordinance and
the City's significance thresholds and implementation of required measures prior to issuance
of a certificate of occupancy,
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There will be no significant noise impacts associated with adoption and implementation of the
2004 Amendment and incorporation of the recommended mitigation measures,
7) Air Oualitv: The 2004 Amendment does not propose any specific projects that have been
submitted to the City in any sufficient detail so that they may be analyzed with any accuracy at
this time. The City will detennine if additional environmental analysis is warranted, and
prepare additional analysis as necessary for future projects that are officially submitted for full
and complete review. Construction of projects within the Merged Chula Vista Redevelopment
Project Area will have short and long-tenn emissions impacts and contribute to air quality
violations, While the mitigation measures in the ErR will serve to reduce air emissions
typically associated with development activities, the measures are not all-inclusive, As new
air emission reduction measures are identified in the future, the City, as appropriate, shall
incorporate those air emission reduction measures into projects to further reduce air emissions.
Mitigation measures incorporated into the ErR include: Adherence to specific construction
related air emissions mitigations including random periodic field inspections to ensure
compliance with the mitigation measures, providing evidence of necessary pennits to the City,
and implement enhanced dust control measures to maintain less-than-significant impact of
construction on air quality.
There will be no significant air quality impacts associated with adoption and implementation
of the 2004 Amendment with incorporation of the recommended mitigation measures,
8) Public Services: The 2004 Amendment does not propose any specific projects that have been
submitted to the City in any sufficient detail so that they may be analyzed with any accuracy at
this time. The City will detennine if additional environmental analysis is warranted, and
prepare additional analysis as necessary for future projects that are officially submitted for full
and complete review. The ErR studied the impact of the 2004 Amendment on water service,
police service, fire protection, school facilities, sewage services, library services, solid waste
disposal, gas and electricity, and cable and telephone service. The Final ErR concluded that
by virtue of the fact that the 2004 Amendment would encourage development it would
consequently have impacts on all of these public services with the exceptions of solid waste
disposal and cable and telephone services, The Final ErR contains mitigation measures
including payment of appropriate impact fees, requirements to install, construct or modify
utilities to meet project demands, and monitoring calls for service,
There will not be any significant impacts associated with adoption and implementation of the
2004 Amendment with incorporation of the recommended mitigation measures.
9) Hazards and Hazardous Materials: The 2004 Amendment does not propose any specific
projects that have been submitted to the City in any sufficient detail so that they may be
analyzed with any accuracy at this time, The City will detennine if additional environmental
analysis is warranted, and prepare additional analysis as necessary for future projects that are
officially submitted for full and complete review. Though the 2004 Amendment would not
directly create potential public health hazards or involve the use of hazardous materials,
implementation of the 2004 Amendment would encourage development of private and public
projects. The ErR does not speculate as to whether future project implementation could
expose persons to health hazards, However, any future development in the Merged Chula
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Vista Redevelopment Project Area would have to comply with local, county, state or federal
law. In addition, the 2004 Amendment do not change the requirements to remediate
contaminated properties prior to development. Mitigation measures incorporated into the EIR
include preparation and approval of Phase I Environmental Site Assessments, asbestos and
lead-based paint surveys and remediation of any such toxic materials, and requirements of
hazardous materials users to store, employ, and dispose of such materials in compliance with
applicable laws and regulations.
There will not be any significant impacts associated with adoption and implementation of the
2004 Amendment with incorporation of the recommended mitigation measures,
10) Population and Housing: The 2004 Amendment does not propose any specific projects that
have been submitted to the City in any sufficient detail so that they may be analyzed with any
accuracy at this time. The City will determine if additional environmental analysis is
warranted, and prepare additional analysis as necessary for future projects that are officially
submitted for full and complete review. The adoption and implementation of the Amendment
will allow the Agency the ability to provide financial assistance to upgrade, improve and
provide additional residential housing, including low and moderate housing, Since all
development must be in compliance with the General Plan, the Amendment will not result in
the construction of more residential units than allowed by the General Plan and as amended
nom time to time in the future, Based on the threshold criteria the adoption of the 2004
Amendment will not have any significant population or housing impacts because the
Amendment will not increase housing or population numbers beyond the amounts planned for
by the City and regional planning agencies.
No significant population or housing impacts are anticipated with adoption and
implementation of the 2004 Amendment, therefore no mitigation measures are recommended.
II) Recreation: The 2004 Amendment does not propose any specific projects that have been
submitted to the City in any sufficient detail so that they may be analyzed with any accuracy at
this time. The City will determine if additional environmental analysis is warranted, and
prepare additional analysis as necessary for future projects that are officially submitted for full
and complete review. The EIR concludes that the 2004 Amendment could encourage
development that increases demand for park and recreational facilities. The payment of park
fees or dedication of parkland from future development exactions would mitigate these
impacts.
The mitigation measure incorporated into the EIR requires the payment of park fees prior to
issuance of building permits,
12) Biological Resources: The 2004 Amendment does not propose any specific projects that have
been submitted to the City in any sufficient detail so that they may be analyzed with any
accuracy at this time. The City will determine if additional environmental analysis is
warranted, and prepare additional analysis as necessary for future projects that are officially
submitted for full and complete review, Because there are no known sensitive wildlife
species or habitat in the Added Area, development would not have any significant biological
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impacts, No projects are proposed as part of this 2004 Amendment in sensitive biological
areas,
13) Cultural Resources: The 2004 Amendment does not propose any specific projects that have
been submitted to the City in any sufficient detail so that they may be analyzed with any
accuracy at this time, The City will detennine if additional environmental analysis is
warranted, and prepare additional analysis as necessary for future projects that are officially
submitted for full and complete review. Based on the threshold criteria, development could
significantly impact cultural resources since archaeological and paleontological resources have
a low to moderate potential to exist in the Added Area. Although there are not any known
historical buildings in the Added Area, some buildings may be candidates as a historical
resource and could be significantly impacted if demolished or remodeled, Mitigation
measures included in the ErR include archaeological, historical, and/or paleontological
surveys as appropriate, and implementation of recommended preservation or documentation
steps prior to demolition.
There will not be any significant impacts associated with adoption and implementation of the
2004 Amendment with incorporation of the recommended mitigation measures,
Proiect Alternative Analysis
Three project alternatives were analyzed in the ErR, though none of these alternatives were
detennined to eliminate any indirect adverse environmental impacts that could occur with adoption
of the 2004 Amendment. The only alternative that would eliminate all significant environmental
effects associated indirectly with adoption of the 2004 Amendment would be the No Project
alternative, TILis No Project alternative would need to be applied not only to the 2004 Amendment
but also to development already pennitted through the City's adopted General Plan. The No Project
alternative would deny the Agency the opportunity to provide needed revenue for providing
additional low and moderate-income housing. Secondly, the Modified Project Area alternative
would only delay the eventual development of the property that would be proposed to be eliminated
from the Added Area, The Modified Project Area would result in the loss of tax increment, which
would in turn have an economic impact on the success of the Redevelopment Plan. The last
alternative considered involved the adoption of the 2004 Amendment without the use of eminent
domain, The No Eminent Domain alternative would prevent the Agency from using an effective
tool for the purpose of eliminating blight and improve the economic viability of the community,
The use of eminent domain provides the Agency with a valuable tool used in assembling parcels
and encourages development of blighted areas in the community.
Of the three project alternatives to the ErR; the Modified Project Area alternative, no Eminent
Domain alternative, and the CEQA-required No Project alternative, none are preferred to the
proposed 2004 Amendment Each of the rejected alternatives was carefully examined and weighed
to detennine how they could meet the objectives of the Redevelopment Plan to capture additional
ta;'( increments, use additional revenue to provide for affordable housing, eliminate blight and
promote community economic viability. The selection of the recommended project (i) does not
result in any significant environmental impacts that cannot be mitigated to a level of insignificance
with incorporation of the identified mitigation measures, and (ii) has substantial environmental,
planning, social, fiscal and other benefits. The 2004 Amendment will not create or generate any
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significant irreversible environmental changes that would not occur without the adoption and
implementation of the 2004 Amendment.
Report and Recommendation on 2004 Amendment
The Planning Commission is responsible for making a detennination whether a redevelopment
plan is consistent with the community's general plan in its report and recommendation to the
legislative body. Redevelopment plans may establish a separate layer of land use policies, which
must be consistent with the General Plan in order for the Plan to be adopted. However, it has
been the practice of the Agency to adhere to City policies rather than create an additional land
use policy in its redevelopment plans. Consequently, the resolutions before the Planning
Commission tonight affinn the fact that the proposed Amended and Restated Redevelopment
Plan achieves this policy objective,
With respect to the proposed Amended and Restated Redevelopment Plan for the Merged Chula
Vista Redevelopment Project, the 2004 Amendment consolidates, amends, and restates the three
separate redevelopment plans into a single redevelopment plan document.
The Amended and Restated Redevelopment Plan does not propose any site-specific
development, but would continue to act as a policy tool and funding source to facilitate the reuse
and improvement of properties within the Merged Chula Vista Redevelopment Project Area,
The Amended and Restated Plan adheres to the land use policies in the City's General Plan,
zoning, and other applicable development regulations, As described in the accompanying
resolution, the land use policies in the Amended and Restated Redevelopment Plan refer to the
City's policies (be they in the General Plan, zoning ordinance, or other applicable policies) shall
remain in full effect in the Project Area, as such policies exist today or are hereafter amended.
As such, any changes to the General Plan (or any other applicable planning policies established
by the City) are automatically incorporated by reference in the Amended and Restated
Redevelopment Plan.
The 2004 Amendment to the Merged Chula Vista Redevelopment Plan also adds approximately
494 acres of property to the Project Area by including several noncontiguous areas located along
Broadway, Third Avenue and other commercial corridors in the City, Expansion of
redevelopment into these areas would avail the Agency to essential redevelopment tools to
revitalize the entirety of the commercially and industrially zoned property along Broadway,
Third Avenue and other older parts of west Chula Vista, remove blighting conditions, and
stimulate private reinvestment into this area,
Finally, the 2004 Amendment would reestablish eminent domain authority in the Otay Valley
and Town Centre II constituent areas of the Project Area, Both constituent areas had eminent
domain authority when they were originally established, but the 12-year time limit on this
authority has since expired, The extension of eminent domain authority would not affect
residentially occupied property in a residential zone, i.e., where such uses are located within an
area where such uses are permitted by the General Plan and zoning. (The Town Centre II
constituent area has such residentially-occupied uses in residential zones and eminent domain is
proposed to be exempt on these properties; no such residential uses exist in the Otay Valley
area,)
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In summary, the proposed Amended and Restated Redevelopment Plan is consistent with the
City's General Plan and other applicable codes, ordinances and guidelines, as it incorporates by
reference the land use policies in the City's General Plan (and other applicable codes and
ordinances); permitted land uses, development standards, and densities are explicitly provided by
these documents, as they currently exist or are hereafter amended, The Amended and Restated
Redevelopment Plan does not propose any change to land use designations or existing General
Plan policies. As such, the 2004 Amendment in the form of the Amended and Restated
Redevelopment Plan conforms to the City's General Plan, and implementation of projects under
the Amended and Restated Redevelopment Plan also conform to the General Plan.
Attachments
1, Planning Commission Resolution EIR No. 04-01
Exhibit A - Findings of Fact
Exhibit B - Mitigation Monitoring Program
2, Planning Commission Resolution No. _
Exhibit A - Amended and Restated Redevelopment Plan for the Merged Chula Vista
Redevelopment Project
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RESOLUTION NO, EIR -04-01
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA CERTIFYING THE PROGRAM EIR FOR THE 2004
AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE
MERGED CHULA VISTA REDEVELOPMENT PROJECT, AND
RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE PROGRAM
EIR
WHEREAS, on August 15, 1978, the City Council adopted Ordinance No. 1827 approving
a redevelopment plan for the Town Centre II Redevelopment Project and has subsequently
amended said redevelopment plan on May 19, 1987 by Ordinance No. 2207, on July 19, 1988 by
Ordinance No, 2274, on November 8,1994 by Ordinance No, 2610, and on August 22, 2000 by
Ordinance No. 2817 ("Town Centre II Plan"); and
WHEREAS, on December 29, 1983, the City Council adopted Ordinance No. 2059
approving a redevelopment plan for the Otay Valley Redevelopment Project Area and has
subsequently amended said redevelopment plan on November 8, 1994 by Ordinance No. 2611 and
on August 22, 2000 by Ordinance No. 2818 ("Otay V alley Plan"); and
WHEREAS, on November 27, 1990, the City Council adopted Ordinance No. 2420
approving a redevelopment plan for the Southwest Redevelopment Project and subsequently
amended said redevelopment plan on July 9,1991 by Ordinance No. 2467, on November 8,1994
by Ordinance No, 2612, and on August 22, 2000 by Ordinance No. 2819 ("Southwest Plan"); and
WHEREAS, by Ordinance No, 2819, the Town Centre II Plan, Otay Valley Plan, and
Southwest Plan were merged for fiscal purposes to establish the Merged Chula Vista
Redevelopment Project to facilitate the sharing of financial resources pursuant to Sections 33485
through 33489 of the Law; and
WHEREAS, the Redevelopment Agency of the City of Chula Vista ("Agency") desires to
amend the Merged Chula Vista Redevelopment Project to consolidate the constituent
redevelopment plans into a single redevelopment plan document, add property to the Merged Chula
Vista Redevelopment Project boundaries, and, subject to certain limitations, extend eminent
domain authority in the Town Centre II and Otay Valley constituent project areas (collectively
"2004 Amendment"); and
WHEREAS, the Agency has prepared a Program Environmental Impact Report ("EIR") on
the proposed 2004 Amendment pursuant to the Califomia Environmental Quality Act (Public
Resources Code Sections 21000, et. Seq., "CEQA"), and the Guidelines for Implementation of the
California Environmental Quality Act (Title 14, California Code of Regulations, Sections 15000 et.
Seq" the "Guidelines") and City CEQA guidelines and City Environmental Review Procedures;
and,
WHEREAS, all action required to be taken by applicable law related to the preparation,
circulation, and review of the EIR have been taken; and,
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WHEREAS, the final EIR consists of the Draft EIR, as revised and supplemented to
incorporate all comments received during the public review period and the response of the Agency
and the City thereto; and,
WHEREAS, the Findings of Fact for the 2004 Amendment, dated October 22, 2003
(Exhibit "A" of this Resolution) conclude that proposed mitigation measures outlined in the EIR
are feasible and have not been modified, superceded or withdrawn. These findings are not merely
infonnation or advisory, but constitute a binding set of obligations that will come into effect when
the City Council adopts the ordinances adopting the 2004 Amendment. The adopted mitigation
measures contained within the Mitigation Monitoring and Reporting Program of the Final EIR are
expressed as conditions of approvaL Other requirements are referenced in the Mitigation
Monitoring and Reporting Program adopted concurrently with the Findings of Fact and will be
effectuated through the process of implementing the 2004 Amendment.
NOW, THEREFORE, the Planning Commission of the City ofChula Vista does hereby
find, detennine and resolve as follows:
1. FINAL EIR 04-01 CONTENTS
That the final EIR 04-0 I consists of the following:
I, Program EIR for the Amended and Restated Redevelopment Plan for the Merged
Chula Vista Redevelopment Project, as amended by the 2004 Amendment; and
2, Comments and Responses to Comments
3, Mitigation Monitoring and Reporting Program
(All hereafter collectively referred to as "Final EIR")
II. ACCOMPANYING DOCUMENTS TO THE FINAL EIR
I. Findings of Fact
2, Mitigation Monitoring and Reporting Program
III. RECOMMENDATION OF CERTIFICATION OF COMPLIANCE WITH
CALIFORNIA ENVIRONMENTAL QUALITY ACT
That the Planning Commission does hereby finds that the EIR, the Findings of Fact (Exhibit
"A") and the Mitigation Monitoring and Reporting Program (Exhibit "B") are prepared in
accordance with the requirements ofCEQA (Public Resources Code Section 21000 et seq,),
the CEQA Guidelines (California Code Regs, Title 14 Section 15000 et seq.), and the
Environmental Review Procedures of the City ofChula Vista,
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IV. INDEPENDENT JUDGMENT OF PLANNING COMMISSION
That the EIR reflects the independent judgment of the Planning Commission of the City of
Chula Vista,
V. CEQA FINDINGS OF FACT, AND MITIGATION MONITORING AND
REPORTING PROGRAM
A. Adoption of Findings of Fact
The Planning Commission hereby finds and further recommends that the City Council
approve, accept as its own, incorporate as if set forth in full herein, and make each and
every one of the findings contained in the Findings of Fact (Exhibit "A")
B. Mitigation Measures Feasible and Adopted
As more fully identified and set forth in the EIR and in the Findings of Fact for this Project,
the Planning Commission hereby finds and recommends that the City Council find pursuant
to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that the
mitigation measures described in the above-referenced docwnents are feasible and will
become binding upon the entity (Agency or City) assigned thereby to implement the same.
C. Infeasibility of Alternatives
As more fully identified and set forth in the EIR and in the Findings of Fact Section XI, the
Planning Commission hereby finds and recommends that the City Council find pursuant to
Public Resources Code Section 21081 and CEQA Guidelines 15091 that altematives to the
Project, which were identified in the EIR, were not found to reduce impacts to a less than
significant level and/or meet Project objectives and/or were found to be infeasible based
upon specific economic, social, or other considerations,
D. Adoption of Mitigation Monitoring and Reporting Program
As required by the Public Resources Code Section 21081.6, the Planning Commission
hereby recommends that the City Council adopt the Mitigation Monitoring and Reporting
Program (Exhibit "B"). The Planning Commission further recommends that the City
Council find that the Mitigation Monitoring and Reporting Program is designed to ensure
that, during project implementation, the Agency, City, and any other responsible parties
implement the project components and comply with the mitigation measures identified in
the Findings of Fact and the Mitigation Monitoring and Reporting Program,
BE IT FURTHER RESOLVED THAT the Planning Commission of the City of Chula
Vista Certifies that the docwnents constituting the City's record of proceedings on which its
decision is based are contained in the office ofthe City clerk ofthe City of Chula Vista and the City
Clerk is the custodian of records of those documents, Final Program EIR, Findings of Fact, and
Mitigation Monitoring and Reporting Program have been prepared in accordance with the
requirements ofCEQA (Public Resources Code Section 21000 et seq,) CEQA Guidelines (Title 14
California Code Regs. Section 14000 et seq.), and the Envirownental Review Procedures of the
J \COMMDEV\TAPIA\ProJccts\Dig Amcndmcm\PC Rcso on PEIR - fcb 25 04 doc
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City of Chula Vista, and therefore should be certified and further recommends that the City Council
also certify that the Final Program EIR, Findings of Fact, and Mitigation Monitoring and Reporting
Program have been prepared in accordance with the requirements of CEQA (Public Resources
Code Section 21000 et seq.) CEQA Guidelines (Title 14 California Code Regs. Section 14000 et
sel\.), ,md the Environmental Review Procedures of the City ofChula Vista,
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the
City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY
OF CHULA VISTA, CALIFORNIA, this 25"' of February, 2004 by the following vote to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Steve Castaneda, Chairman
Diana Vargas
Secretary to Planning Commission
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ENVIRONMENTAL IMP ACT REPORT
FOR THE
REDEVELOPMENT PLAN AMENDMENT
(Merged Chula Vista Redevelopment Plan)
CEQA FINDINGS OF FACT
January, 2004
~
(')
E x/l/b,f 4-
TABLE OF CONTENTS
Section Page
I. INTRODUCTION. ........................................................................................................................... I
II. DEFIN ITIONS ...................... ......................... ................. ... ...... ... ....... .... ............................ ... .... .......1
111. PROJECT DESCRIPTION....................... ........................ .......... ... ... .... .... .... .... ....................... ...... ..2
IV. BACKGROUND ..............................................................................................................................5
V. RECORD OF PROCEEDINGS.......... .... ........ ............................. ... ....... .... ......... ........... ........... ... ....6
VI. FINDINGS REQUIRED UNDER CEQA........................................................................................7
VI I. LEGAL EFFECTS OF FIN DINGS .... .... .... .... ... ....................................... ........ .... ..... ....... ... .............8
VIII. MITIGATION MONITORING PROGRAM............................. ... ... ........... ......... .... ........................9
IX. SIGNIFICANT EFFECTS AND MITIGATION MEASURES.......................................................9
A. LAND USE........... .........................................................................................................................11
B. GEOLOGY /SOTLS........ ........................... ....... .......... ...... ... ...... ........................................ ... '" ........ I 2
C. DRAINAGE AND WATER QUALITy........................................................................................ 14
D. TRAFFIC AND CIRCULATION ........... .......................................................................................18
E. AESTHETICS................................ ............................................................ ....... ..... .... ................... .21
F . NOISE... .... .... . .... .... ... ... ... ......... ... ... .... ... .... ... .... .......... ... ... ............ ... ... .... ... .... .... .... .... ... ... .... ... ... ... ..22
G. AIR QUALITy........... ......................... .................. ... ... ... ... ...... ... ... ... .... ....... .... .... ................. ... .... ..24
H. PUBLIC SERVICES AND UTILITIES.........................................................................................26
I. HAZARDS AND HAZARDOUS MATERIALS........... ...............................................................36
J . RECREATION.. ....... ... ... ......... ......... ... .... .......... ................. ...... ... ... ... .... ....... .... .... .... ................ .....38
K. CULTURAL RESOURCES........................................................................................................ ...39
X. CUMULA TIVE SIGNIFICANT EFFECTS AND MITIGATION MEASURES .........................41
A. DRAINAGE AND WATER .4QUALITy....................................................................................... I
B. TRAFFIC AND CIRCULATION........... .......................................................................................45
C. NOISE.. .... ..... .... ... .... ... .... ........ ... ...... ... ... ....... ... ...... ... ... ... ... ... ... ... ... ... ... ....... .... .... .... ... ... ... ....... ..... ..46
Chula Vista Redevelopment Plan Amendment and Merger
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D.
E.
F.
XI.
A.
B.
C.
D.
XII.
PUBLIC SERVICES AND UTILITIES ........................................................................................48
POPULATION AND HOUSING................ ........ ..... ..... ....................................................... ....... ..50
RECREATION..................................................... ..... ..... ................................................ .............. ..51
FEASIBILITY OF POTENTIAL PROJECT ALTERNATIVES ..................................................52
NO PROJ ECT ALTERNATIVE............. ........................................................ ...... ................. ........54
MODIFIED PROJECT AREA............ ....... ............ ..................................................... ...................55
NO EMINENT DOMAIN ..............................................................................................................55
PROJECT SUMMARy....................................... .............. ................................ ................. ...........56
FIN DINGS OF FACT.................................. .... ............. ........................ .........................................56
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I. INTRODUCTION
The Final Environmental Impact Report (Final EIR) prepared for this project addressed the potential
environmental effects of a proposed project known as the Redevelopment Plan Amendment (Merged
Chula Vista Redevelopment Plan) for an area in western Chula Vista that includes approximately 2,446
acres, including approximately 494 acres of Added Territory.
In addition, the EIR evaluated three alternatives to the proposed project: the No Project, a Modified
Project Area, and No Eminent Domain.
These findings have been prepared to comply with requirements of the California Environmental Quality
Act (CEQA) (Pub. Resources Code, ~21000 et seq.) and the CEQA Guidelines (Cal. Code Regs., title 14,
~ 15000 et seq.).
11. DEFINITIONS
"Added Territory" means the areas totaling approximately 494 acres, which is proposed to be included
within the Merged Chula Vista Redevelopment Project by the Amendment.
"Agency" means the Redevelopment Agency of the City ofChula Vista.
"Amendment" means the Redevelopment Plan Amendments, specifically the merged Town Centre 11,
Otay Valley, Southwest and the 2003 Amendment Redevelopment Project Area.
"City" means the City of Chula Vista.
"City Council" means the City Council of the City ofChula Vista. The members of the City Council are
also members of the Agency Board.
"Draft Program EIR" means the Draft Program Environmental Impact Report prepared for the
Amendment.
"General Plan" means the general plan of the City of Chula Vista, adopted July 1 I, 1989 and revised
1995.
"Merged Redevelopment Plan" means the Merged Chula Vista Redevelopment Plan for the areas also
known as the Town Centre 11, Otay Valley, Southwest and Added Territory, as enacted by the Chula Vista
City Council.
"Merged Project Area" means the Merged Chula Vista Redevelopment Project Area, consisting of the
Town Centre II, Otay Valley, Southwest, and Added Territory subareas, that is subject to the provisions
of the Merged Redevelopment Plan.
"Original Redevelopment Plans" means the Redevelopment Plans Merged Town Centre 11, Otay
Valley, and Southwest Redevelopment Plans, as they exist prior to the adoption of the proposed
Amendment.
"Original Project Areas" means the eXlstmg Merged Town Centre II, Otay Valley and Southwest
Redevelopment Projects, as they exist prior to the inclusion ofthe Added Territory and the Amendment.
Chula Vista Redevelopment Plan Amendment and Merger
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"Project Areas" means the Merged Chula Vista Redevelopment Project Areas, as amended by the
Amendment.
"Tax Increment" means the fnnds allocated to the Agency from the Project Areas pursuant to Section
33670 of the California Community Redevelopment Law (CCRL).
III. PROJECT DESCRIPTION
The Agency is proposing to merge Merged Chula Vista Redevelopment Plan (formerly known as and
consisting of the Town Centre 11, Otay Valley, and Southwest Redevelopment Plans, plus the Added
Territory).
The proposed Amendment will not result in any direct physical impacts. The Amendment is primarily
procedural and development of individual projects within the Project Areas that could result in direct or
indirect physical impacts will be evaluated in future CEQA documents. No specific development projects
have been submitted for formal consideration. For any of the projects that are pending pre-submittal
review by the City, those projects are too speculative and unspecified to allow for a detailed
environmental analysis at this time. The analysis in the Program EIR focuses on the Added Territory
(550 acres) only.
The Amendment address the following major components:
Merged Chula Vista Redevelopment Plan
. Consolidate the Town Centre 11, Otay Valley, and Southwest redevelopment plans into a single
amended, merged, and restated redevelopment plan (to be known as the Merged Chula Vista
Redevelopment Plan), including updating the public improvement and facility projects list in the
Plan;
. Incorporate 494 acres of Added Territory within the Merged Chula Vista Redevelopment Project
Area;
. Reestablish eminent domain authority on all property within the Otay Valley subarea of the Merged
Project Area; and
. Reestablish eminent domain authority on all property (except for residentially-occupied property in a
residential zone) in the Town Centre II subarea of the Merged Project Area.
Improvement Projects - As described above, both amended and restated redevelopment plans
would feature a new list of public improvement and facility projects. In addition to these
projects, staff has identified other projects that may be implemented over the duration of the
respective Redevelopment Plans.
Below is a list of improvement projects and programs that could, at the Agency's discretion, be funded
should adequate revenue become available. While the Agency is not required to fund the listed projects
and programs, the Agency could fund all or a portion of the projects or programs as revenue becomes
available throughout the life ofthe Plans. The list identifies projects and programs that appear, at the time
of adoption of the Amendment, to have the potential to achieve the goals and objectives of the
Amendment, but do not represent commitments by the Agency. As redevelopment needs and
opportunities evolve over the life of the Amendment the Agency may determine not to undertake certain
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projects and programs listed and/or undertake other projects and programs consistent with the
Amendment that are not listed, as permitted by law. The list of public improvement projects and
programs are only possible projects that mayor may not ultimately be undertaken by the Agency pursuant
to the Amendment. This Program EIR analyzes impacts likely to be caused by proposed improvements
based on information about such projects as is available at this time. Due to the lack of project specific
information available at this time, further environmental analysis of the public improvement projects may
be required to comply with CEQA at the time individual projects are submitted for approval. The
proposed projects and programs for the Amendment include:
1) Merged ChuIa Vista Redevelopment Project Area
Except where noted, most of these projects are in the conceptual stages and no formal proposals
have been submitted to the City of Chula Vista or the Agency. Thus, each of these projects are
subject to further discretionary actions by the City and/or Agency, and are not being specifically
reviewed as a part of the adoption of the Amendment. Further compliance with General Plan,
zoning standards, and environmental review may be necessary for these projects as proposals
come forward. In addition, further environmental review of project impacts based on the actual
project may be required to comply with CEQA.
Public Infrastructure Proiects:
Improvements to the public infrastructure are intended to alleviate traffic congestion and improve
public safety, remove costly impediments to development, and upgrade infrastructure to
contemporary standards to stimulate private development. The proposed traffic/circulation
improvement projects shall include, but are not limited to roadways, landscape, street lights,
pedestrian walkways, bridges, interchanges, roadways, curbs, gutters, sidewalks, parking, street
widening, street lights, traffic signals, over or underpasses, utility undergrounding, bicycle paths,
street medians, trails, and trolley crossings.
The proposed sewer and drainage improvement projects shall include, but are not limited to,
monitoring systems, sewer parallels, drainage, sewer lines, wastewater treatment facilities,
flooding systems, floor control dikes, and sewer systems. The proposed utility and
communication improvement projects shall include, but are not limited to, electrical distribution
systems, natural gas distribution systems; cable TV and fiber optic communication systems, water
distribution systems, and windbreakers.
Further compliance with General Plan, zoning standards, and environmental review may be
necessary for these projects as proposals come forward. Projects include, but are not limited to
the following:
StreetlEntrvwav Beautification. Construct streetscape improvements at key locations, including Fourth
Avenue and Highway 54.
Main Street Imorovements. Construct street improvements along Main Street to improve traffic flows
and upgrade character of right-of-way.
Broadwav Revitalization. Implement a variety of street and other applicable improvements along
Broadway, from H Street to I. Street.
Chula Vista Redevelopment Plan Amendment and Merger
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Community Facilities
The proposed community facilities improvement projects shall include, but not limited to parks,
open spaces, schools, school facilities, fire and police facilities, communication systems, libraries,
fire protection, cultural centers, community centers, City maintenance facilities, plazas,
recreational facilities, playgrounds, and civic center. Further compliance with General Plan,
zoning standards, and environmental review may be necessary for these projects as proposals
come forward.
Other Potential Redevelopment Proiects
These projects include, but are not limited to, the following:
E Street Transit Village Proiect. Mixed-use project in the vicinity of the E Street transit station east of
Interstate 5.
Watt Commercial Proiect. Redevelopment of property at the comers of Third A venue and E Street for
retail and other commercial use.
KOA Soccer Facilitv and Hotel. Redevelopment of KOA campground east of Second Avenue for
recreational fields and possible hotel facility.
Walgreen's Proiect. Parcel assembly and development of drug store at the southwest comer of Naples
Street and Third Avenue, in the existing Southwest Redevelopment Project Area.
SBC/Davies Site. Redevelopment of Main Street properties for commercial uses in the existing Otay
Valley Redevelopment Project Area.
SUHSD Joint Projects. Agency and Sweetwater Union High School District may consider one or more
planning agreements to implement a series of improvements to current and future SUHSD properties
serving the Project Area. These may include: a) development of a new District corporate yard at Main
Street and Albany Avenue, b) redevelopment of the Windmill Farms property at Third Avenue and
Alvarado Street for District headquarters, residential and commercial uses, c) redevelopment of the
District's Moss Street property for single family residential use., and d) redevelopment of the existing
District headquarters and corporate yard on Fifth A venue to a 200-unit residential project.
Discretionary Actions
The discretionary action to be taken by the Redevelopment Agency of the City of Chula Vista (Agency)
includes the adoption of the Amendment. The Agency will also determine whether the Final EIR is
complete and in compliance with CEQA as part of the certification process.
The Redevelopment Agency of the City ofChula Vista is the lead agency and has discretionary power of
approval for all the actions sought by the proposed Amendments. The Final EIR is intended to satisfy
CEQA requirements for environmental review of the action.
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Project Goals and Objectives
As specified in the Final EIR, the objectives of this project include:
The primary objective of the Amendment is to remove blight and increase the economic viability of the
Project Areas. The proposed Amendments will allow the Agency to work with the City of Chula Vista to
accomplish these objectives by: 1) constructing some or all of the improvement projects listed in the
amended Redevelopment Plans to benefit the Project Areas and the City ofChula Vista; and 2) providing
a variety of funding sources for use by the Agency to allow the option to fund projects that can reduce or
eliminate blight, provide additional low and moderate income housing and improve the economic
viability of the Project Areas.
IV. BACKGROUND
The Merged Project Area includes the adopted Town Centre II, Otay Valley, and Southwest Project
Areas, as well as the Added Territory are proposed to be incorporated into the Merged Project Area by the
Amendment. Table I, Redevelopment Plans list the existing redevelopment plans that are proposed to be
merged and restated, the years they were established and/or amended, and the acreage contained within
the Project Area.
The proposed Amendment involves expansion of the Merged Project Area to include the Added Territory,
reestablishing eminent domain authority within the Otay Valley and Town Centre II Project Areas, and
consolidating the existing redevelopment plans into the Merged Chula Vista Redevelopment Project Area.
The Amendment would reestablish the Agency's authority in the Redevelopment Plans to use eminent
domain to acquire property. The establishment of the authority in the Plan must be done by amendment,
despite the fact that the Agency has no plans to use eminent domain to acquire property in the Town
Centre II, Otay Valley or Added Territory areas at this time. Should eminent domain be necessary as a
part of project implementation, the Agency would need to comply with applicable state laws, including
any CEQA review for such a project, good faith negotiations with the property owner to acquire the
property without eminent domain based upon an independent appraisal, and noticed public hearings. A
more detailed description of the Amendment related actions are discussed in the Project Description
section ofthis Program EIR.
Table 1
Redevelopment Plans
Area
Town Centre II (I) (2)
Otay Valley (I)
Southwest (I) (3)
Year(s) Established
1978, 1988
1983
1990,1991
Total
75
771
1,050
Noles:
(1) Town Centre II, Otay Valley and Southwest merged for financial purposes on August 22, 2000 by Ordinance Nos. 2817, 2818, and 2819,
respectively.
(2) Original 65.acre area (Chula Vista Shopping Center) established on August 15, 1978 by Ordinance No. 1827; 10 acres of noncontiguous
property added in July] 988 by Ordinance No. 2274.
(3) Original l,040-acre area established on November 27, 1990 by Ordinance No. 2420: IO-acre amendment adopted on July 9, 1991 by
Ordinance No. 2467
Chula Vista Redevelopment Plan Amendment and Merger
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V. RECORD OF PROCEEDINGS
For purposes of CEQA and the findings set forth below, the administrative record of the Redevelopment
Agency decision on the environmental analysis of this project shall consist of the following:
. The Notice of Preparation and all other public notices issued by the Agency in conjunction 'with
the project;
. The Draft and Final EIR for the project (EIR #04-0 I ), including appendices and technical reports;
. All reports, applications, memoranda, maps, letters, and other planning documents prepared by
the Agency, the redevelopment consultant, and the environmental consultant that are before the
decision makers as determined by the City Clerk;
. All documents, comments, and correspondence submitted by members of the public and public
agencies in connection with this project, in addition to comments on the EIR for the project;
. All documents submitted to the Agency by other public agencies or members of the public in
connection with this project, up through the close of the public hearing;
. Minutes and verbatim transcripts of all workshops, public meetings, and public hearings held by
the Agency and City, or videotapes where transcripts are not available or adequate, with respect
to this project or the EIR for the project;
. Any documentary or other evidence submitted at workshops, public meetings, and public
hearings for this project;
. All findings and resolutions adopted by Agency and City decision makers in connection with this
project, and all documents cited or referred to therein; and
. Matters of common knowledge to the Agency, which the members of the Agency considered
regarding this project, including federal, state, and local laws and regulations, and including but
not limited to the following:
. Chula Vista General Plan;
. Relevant portions of the Zoning Code of the City;
. Merged Town Centre II, Otay Valley and Southwest Redevelopment Plan;
. Any other materials required to be in the record of proceedings by
Public Resources Code section 21167.6, subdivision (e).
The custodian of the documents comprising the record of proceedings is Susan Bigelow, Clerk to the City
Council, whose office is located at 276 Fourth Avenue, Chula Vista, California 91910.
The Agency has relied on all of the documents listed above in reaching its decision on the Amendments,
even if every document was not formally presented to the Agency or Agency staff as part of the Agency
files generated in connection with the Amendment.
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VI. FINDINGS REQUIRED UNDER CEQA
Public Resources Code section 21002 provides that "public agencies should not approve projects as
proposed if there are feasible alternatives or feasible mitigation measures available which would
substantially lessen the significant environmental effects of such projects." (Emphasis added.) The same
statute states that the procedures required by CEQA "are intended to assist public agencies in
systematically identifying both the significant effects of proposed projects and the feasible alternatives or
feasible mitigation measures which will avoid or substantially lessen such significant effects" (emphasis
added). Section 21002 goes on to state that "in the event [that] specific economic, social, Of other
conditions make infeasible such project alternatives or such mitigation measures, individual projects may
be approved in spite of one or more significant effects."
The mandate and principles announced in Public Resources Code section 21002 are implemented, in part,
through the requirement that agencies must adopt findings before approving projects for which EIRs are
required (see Pub. Resources Code, 921081, subd. (a); CEQA Guidelines, ~15091, subd. (a)). For each
significant environmental effect identified in an EIR for a proposed project, the approving agency must
issue a written Findings reaching one or more of three permissible conclusions. The first such finding is
that "[c]hanges or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the final EIR" (CEQA Guidelines,
~5091, subd. (a)(I)). The second permissible finding is that "[s]uch changes or alterations are within the
responsibility and jurisdiction of another public agency and not the agency making the Findings. Such
changes have been adopted by such other agency or can and should be adopted by such other agency"
(CEQA Guidelines, ~15091, subd. (a)(2)). The third potential finding is that "[s]pecific economic, legal,
social, technological, or other considerations, including provision of employment opportunities for highly
trained workers, make infeasible the mitigation measures or project alternatives identified in the final
EIR" (CEQA Guidelines, ~ I 5091, subd. (a)(3 )). Public Resources Code section 21061.1 defines
"feasible" to mean "capable of being accomplished in a successful manner within a reasonable period of
time, taking into account economic, environmental, social and technological factors." CEQA Guidelines
section 15364 adds another factor: "legal" considerations (see also Citizens of Goleta Valley v. Board of
Supervisors (1990) 52 Cal.3d 553, 565 [276 Cal.Rptr. 410]).
The concept of "feasibility" also encompasses the question of whether a particular alternative or
mitigation measure promotes the underlying goals and objectives of a project (see City of Del Mar v. City
of San Diego (1982) 133 Cal.App.3d 410, 417 ['83 Cal.Rptr. 898]). "'[F]easibility' under CEQA
encompasses 'desirability' to the extent that desirability is based on a reasonable balancing of the relevant
economic, environmental, social, and technological factors" (Ibid.; see also Sequoyah Hills Homeowners
Assn. v. City of Oakland (1993) 23 Cal.App.4th 704, 7 I 5 [29 Cal.Rptr.2d 182]).
The CEQA Guidelines do not define the difference between "avoiding" a significant environmental effect
and merely "substantially lessening" such an effect. The Agency must therefore glean the meaning of
these terms from the other contexts in which the terms are used. Public Resources Code section 21081,
on which CEQA Guidelines section 1509 I is based, uses the term "mitigate" rather than "substantially
lessen." The CEQA Guidelines therefore equate "mitigating" with "substantially lessening." Such an
understanding of the statutory term is consistent with the policies underlying CEQA, which include the
policy that "public agencies should not approve projects as proposed if there are feasible alternatives or
feasible mitigation measures available which would substantially lessen the significant environmental
effects of such projects" (Pub. Resources Code ~21002).
For purposes of these findings, the term "avoid" refers to the effectiveness of one or more mitigation
measures to reduce an otherwise significant effect to a less than significant level. In contrast, the term
"substantially lessen" refers to the effectiveness of such measure or measures to substantially reduce the
severity of a significant effect, but not to reduce that effect to a less than significant level. These
Chula Vista Redevelopment Plan Amendment and Mergef
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interpretations appear to be mandated by the holding in Laurel Hills Homeowners Association v. City
Council (1978) 83 Cal.App.3d 515, 519-527 [147 Cal.Rptr. 842], in which the Court of Appeal held that
an agency had satisfied its obligation to substantially lessen or avoid significant effects by adopting
numerous mitigation measures, not all of which rendered the significant impacts in question less than
significant.
Although CEQA Guidelines section 15091 requires only that approving agencies specify that a particular
significant effect is "avoid[ed] or substantially lessen[ed]," these findings, for purposes of clarity, in each
case will specify whether the effect in question has been reduced to a less than significant level or has
simply been substantially lessened but remains significant.
Moreover, although CEQA Guideline Section 15091, read literally, does not require findings to address
environmental effects that an EIR identifies as merely "potentially significant," these findings will
nevertheless fully account for all such effects identified in the Final EIR (FEIR).
In short, CEQA requires that the lead agency adopt mitigation measures or alternatives, where feasible, to
substantially lessen or avoid significant environmental impacts that would otherwise occur. Project
modification or alternatives are not required, however, where such changes are infeasible or where the
responsibility for modifying the project lies with some other agency (CEQA Guidelines, ~ 15091, subd.
(a), (b)).
With respect to a project for which significant impacts are not avoided or substantially lessened either
through the adoption of feasible mitigation measures or feasible environmentally superior alternative, a
public agency, after adopting proper findings, may nevertheless approve the project if the agency first
adopts a statement of overriding considerations setting forth the specific reasons why the agency found
that the project's "benefits" rendered "acceptable" its "unavoidable adverse environmental effects" (CEQA
Guidelines, ~~ 15093, 15043, subd. (b); see also Pub. Resources Code, ~21 081, subd. (b)). The
California Supreme Court has stated that, "[t]he wisdom of approving. . . any development project, a
delicate task which requires a balancing of interests, is necessarily left to the sound discretion of the local
officials and their constituents who are responsible for such decisions. The law as we interpret and apply
it simply requires that those decisions be informed, and therefore balanced" (Goleta, supra, 52 Ca1.3d 553,
576).
VII. LEGAL EFFECTS OF FINDINGS
To the extent that these findings conclude that proposed mitigation measures outlined in the Final EIR are
feasible and have not been modified, superseded or withdrawn, the Agency (or "decision makers") hereby
binds itself and any other responsible parties, including the applicant and its successors in interest
(hereinafter referred to as "Applicant"), to implement those measures. These findings, in other words, are
not merely informational or hortatory, but constitute a binding set of obligations that will come into effect
when the Agency adopts the resolution(s) approving the Amendment.
The adopted mitigation measures are express conditions of approval. Other requirements are referenced
in the mitigation monitoring reporting program adopted concurrently with these findings and will be
effectuated through the process of implementing the project.
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VIII. MITIGATION MONITORING PROGRAM
As required by Public Resources Code section 21081.6, subd. (a)(1), the Agency, in adopting these
findings, also adopts a mitigation monitoring and reporting program (MMRP) as prepared by the
environmental consultant under the direction of the Agency. The program is designed to ensure that
during project implementation, the applicant and any other responsible parties comply with the feasible
mitigation measures identified below. The MMRP is included in the Final EIR, Section 12.0.
IX. SIGNIFICANT EFFECTS AND MITIGA TION MEASURES
The Final EIR identified a number of direct and indirect significant environmental effects (or "impacts")
that the project will cause; all can be fully avoided through the adoption of feasible mitigation measures.
The decision maker, having independently reviewed and considered the information contained in the
Final EIR for the project and the public record, finds that there are no changes or alterations to the project
which avoid or substantially lessen the significant environmental effects and that are within the
responsibility and jurisdiction of another public agency have been outlined in the Final EIR (Public
Resources Code, Section 2 1081 (b)).
The project will result in significant environmental changes with regard to the following issues: land use;
geology/soils, hydrology/drainage and water quality; traffic and circulation; aesthetics; noise; air quality;
public services and utilities (water service, police service, fire protection, school facilities, sewage
services, library, natural gas and electricity), hazards and hazardous materials, recreation, and cultural
resources. These significant environmental changes or impacts are discussed in the EIR 04-01 in Section
4.0, Environmental Impact Analysis.
Land Use
Indirect land use impacts would occur if the infrastructure necessary to serve future projects IS not
available.
Geology/Soils
Future development would be exposed to geologic hazards due to seismic activity and earthquake induced
ground failure such as liquefaction and differential settlement.
Drainage and Water Quality
Future development could result in drainage impacts due to the alteration of existing drainage patterns
and/or increases in surface water runoff. The development of properties in the 100-yer flood plain near
the Sweetwater River would have to be protected from a 100-year flood. An increase in surface water
quantity due to development could impact existing storm drain facilities downstream of the project.
Development could also increase the amount of urban pollutants, including hydrocarbons, organic wastes,
nutrients, litter, hazardous chemicals, pesticides, and fertilizers that enter local bodies of water. Potential
erosion impacts could increase sediments and silt to further degrade storm water runoff, if not mitigated.
Urban pollutants could impact the water quality of the storm drain channels and the ocean, if the surface
water runoff is not pre-treated prior to discharge from a site.
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Traffic and Circulation
Development could be encouraged that could have significant traffic and circulation impacts to the area
transportation and circulation system. The development of projects could generate traffic that reduces
roadway segments and/or intersections to unacceptable City levels of service.
Aesthetics
Future development could have aesthetic impacts, including architecture, urban design, landscaping,
and/or landforms that negatively detract from the aesthetic character of a site, or surrounding area.
Projects could have light and glare impacts on existing land uses. Development along F Street and Fourth
A venue could impact the scenic qualities ofthese roadways because they are scenic roadways.
Noise
The development of projects in the future could increase both the short- and long-term noise levels that
exceed adopted noise levels. Increased noise levels could impact noise sensitive land uses in the project
vicinity.
Air Quality
The construction and operation of future development would generate both short- and long-term aIr
emissions, which could violate air quality thresholds.
Public Services and Utilities
Water Service - Additional development may increase the demand for potable water for drinking,
fire suppression, and landscape maintenance and impact existing water facilities, requiring
upgrades to the existing distribution system to provide adequate water supplies.
Police Service - Additional development would increase the need for police protection services
which could increase the response time to Priority One and Priority Two Urgent calls and impact
the ability of the police department to maintain its desired levels of police service.
Fire Protection - Additional development will increase the need for fire protection and
emergency medical services, which could impact the ability of the fire department and medical
units to respond to calls for service.
School Facilities - Additional development could have a significant impact on public schools due
to increases in students that would attend schools.
Sewage Services - Additional development could increase sewage flows that cannot be handled
by existing facilities, requiring construction of new or larger facilities.
Library - Additional development could impact existing library facilities due to an increase in
their useage by residents.
Gas and Electricity - Additional development would consume natural gas and electricity, which
could require upgrades or extension of existing facilities.
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Hazards and Hazardous Materials
Additional development of sites that used hazardous materials in the past could expose the public or
environment to hazards.
Recreation
Additional development could increase the need for parks and recreational facilities and impact existing
facilities requiring the need to provide additional parkland.
Cultural Resources
Development could impact cultural resources since archaeological and paleontological resource a low to
moderate potential to exist.
A. LAND USE
Standards of Significance:
A significant land use impact is identified if the Amendment could:
. Conflict with land uses designated by the General Plan; or
. Conflict with any applicable land use plan, policy, or applicable agency regulation;
. Conflict with any applicable habitat conservation plan.
Impact:
Increased development, although consistent with the General Plan, could require the need for
infrastructure facilities that are necessary to serve the project.
Findings:
Pursuant to section 15091(a)(I) of the CEQA Guidelines, changes or alterations are required in, or
incorporated into, the project that will substantially lessen or avoid the significant environmental effect as
identified in the EIR to a level of insignificance. Moreover, pursuant to Guidelines, 915091, subd.
(a)(2), certain changes or alterations are within the responsibility and jurisdiction of another
public agency and not the agency making the Findings. Such changes have been adopted by
such other agency or can and should be adopted by such other agency" (CEQA ).
Explanation:
Implementation of the Amendment is anticipated to encourage development in the Project Area, including
the Added Territory. As a result, development may occur that cannot be adequately served by the
existing infrastructure. Adequate infrastructure would have to be available to serve development, which
could require upgrades to existing facilities or the extension of existing facilities. The development of
some infrastructure, however is under the control of other governmental entities such as CalTrans, San
Diego Gas and Electric, Otay Water District, Sweetwater Water District, The City of San Diego Waste
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Water Department, and other governmental entities over whom the City ofChula Vista has no control and
thus no ability to implement any required mitigation measures.
Mitigation Measures:
The following mitigation measure is feasible and required as a condition of approval and is made binding
on future development through these findings (ErR, Section 4.1.3, page 58).
I. As noted in Section 4.0 of the ErR, No specific development projects have yet been proposed.
An ErR need not attempt to predict future environmental consequences when future development
is unspecified and uncertain. Given the lack of an proposed projects, predicting the likely
environmental consequences of future unknown projects is too speculative for further analysis.
(Guidelines Section 15145). Accordingly, once a specific project is proposed, it will be analyzed
to determine whether and to what extent the project causes any existing infrastructure to operate
at less than an acceptable level as established by the applicable adopted City, Agency or other
governmental standards. Mitigation measures will be imposed upon projects to ensure that the
applicant funds or constructs the infrastructure necessary to serve the project and to ensure that
any such necessary infrastructure will be developed in a manner and time to ensure that the
projects do not cause a significant impact on the infrastructure systems that serve the projects. To
the extent that the infrastructure is within the sole control of another governmental agency,
project proponent will be required to demonstrate to the City that they have a determination form
that governmental agency that there exists sufficient infrastructure capacity to serve the proposed
project without causing a significant impact on that infrastructure system. If such assurances
cannot be obtained, the applicant shall be required to demonstrate that, have paid their
proportionate share of the cost to mitigate that impact (ifthe project causes a cumulative impact),
or that the applicable agency will provide the infrastructure necessary mitigate that impact to
below that agency's adopted standard of significance unless subsequent environmental analysis is
conducted and a statement of overriding considerations is then adopted.
Significance After Mitigation
No significant land use impacts are anticipated with adoption and implementation of the Amendment and
incorporation of the recommended mitigation measure.
B. GEOLOGYY/SOILS
Standards of Significance:
The threshold criteria for determining significant impact on geology/soils are based on whether or not the
adoption and implementation of the Amendment will:
. Expose people or structures to potential substantial adverse effects involving rupture of a known
earthquake fault, strong seismic ground shaking, seismic-related ground failure, or landslides;
. Result in substantial soil erosion or the loss of topsoil; or
. Be located on expansive soils or on a geologic unit or soil that is unstable, or that would become
unstable as a result of the project.
Impact:
Future development would be exposed to geologic hazards due to seismic activity and earthquake induced
ground failure such as liquefaction and differential settlement.
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Findings:
Pursuant to section 15091(a)(I) of the CEQA Guidelines, changes or alterations are required in, or
incorporated into, the project that will substantially lessen or avoid the significant environmental effect as
identified in the EIR to a level of insignificance.
Explanation:
As with any development in Chula Vista, future development would be exposed to geologic hazards and
seismic activity due to the presence of active faults that affect Chula Vista. Although there are no known
active faults in Chula Vista, there are active faults outside the City that could impact development in the
Project Areas. Seismic activity could impact future development. Projects are not anticipated to increase
or be impacted by soil erosion. The incorporation of City required erosion control measures into future
projects would minimize soil erosion. Earthquake induced ground failure such as liquefaction and
differential settlement could impact future development. The City follows State regulations and has
programs that implement the geologic and seismic policies of the general plan, and the Uniform Building
Code to protect property and City residents from geologic hazards such as liquefaction and differential
settlement. Implementation of these programs relative to the geologic and seismic constraints of
development will reduce impacts to a level of insignificance.
No specific development projects have been submitted for formal consideration. For any of the projects
that are pending pre-submittal review by the City, those projects are too speculative and unspecified to
allow for a detailed environmental analysis at this time. An EIR need not attempt to predict future
environmental consequences when future development is unspecified and uncertain. Given the lack of an
proposed projects, predicting the likely environmental consequences of future unknown projects is too
speculative for further analysis. (Guidelines Section 15] 45). Accordingly, once a specific project is
proposed, it will be analyzed to determine whether and to what extent any direct and/or indirect soils and
geologic impacts may occur with their construction. The City would determine if additional
environmental analysis would be required for compliance with CEQA at the time plans for individual
projects are submitted for approval. The City would prepare additional environmental analysis to identify
any direct and indirect soils and geologic impacts that would be associated with the construction of
projects and recommend measures accordingly to reduce significant impacts to a level at or below the
adopted level of significance, pursuant to CEQA and local/state building regulations.
Mitigation Measures:
The following mitigation measures are feasible and are required as a condition of approval and are made
binding on the applicant through these findings (EIR, Section 4.2.3, pages 67 to 68).
1. Prior to the issuance of a final grading permit for development, a detailed geotechnical
investigation shall be approved by the City of Chula Vista. The investigation shall include field
work (e.g., subsurface exploration, sampling) and laboratory analysis to determine the exact
location and extend of potential geologic/seismic hazards. All applicable remedial grading
measures and seismic design parameters recommended by the geotechnical investigation shall be
shown on the final grading plans and/or incorporated into contractor specifications prior to award
of construction contracts, to the satisfaction of the City ofChula Vista.
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2. The City or Agency, as appropriate, shall review all development plans for potential liquefaction
impacts and require the incorporation of all applicable liquefaction prevention measures deemed
appropriate by the Building Official to comply with the Uniform Building Code and Title 24.
3. The City or Agency, as appropriate, shall review all development plans for potential differential
settlement impacts and require the incorporation of all applicable lateral spreading prevention
measures deemed appropriate by the Building Official to comply with the Uniform Building
Code and Title 24.
Significance After Mitigation:
No significant geology/soils impacts are anticipated with adoption and implementation of the Amendment
and incorporation of the recommended mitigation measures.
C. DRAINAGE AND WATER QUALITY
Standards of Significance:
The threshold criteria for determining significant impact on drainage and water quality are whether or not
the adoption and implementation of the Amendment will:
. Violate any water quality standards or waste discharge requirements;
. Substantially impact groundwater;
. Substantially alter the existing drainage pattern of the site or area;
. Result in runoff that exceeds the capacity of existing or planned storm water drainage systems;
. Provide substantial additional sources of polluted runoff; or
. Expose people or structures to flooding or inundation by seiche, tsunami, or mudflow.
Impact:
Future development could result in drainage impacts due to the alteration of existing drainage patterns
and/or increases in surface water runoff. The development of properties in the 100-year flood plain near
the Sweetwater River would have to be protected from a 100-year flood. An increase in surface water
quantity due to development could impact existing storm drain facilities downstream of the project.
Development could also increase the amount of urban pollutants, including hydrocarbons, organic wastes,
nutrients, litter, hazardous chemicals, pesticides, and fertilizers that enter local bodies of water. Potential
erosion impacts could increase sediments and silt to further degrade storm water runoff, if not mitigated.
Urban pollutants could impact the water quality of the storm drain channels and the ocean, if the surface
water runoff is not pre-treated prior to discharge from a site.
Findings:
Pursuant to section 15091(a)(1) of the CEQA Guidelines, changes or alterations are required in, or
incorporated into, the project that will substantially lessen or avoid the significant environmental effect as
identified in the EIR to a level of insignificance.
Explanation:
Future development could result in drainage impacts due to the alteration of existing drainage patterns
and/or an increase in surface water runoff. The development of properties in the 100-year flood plain
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near the Sweetwater River would have to be protected from a 100-year flood. Development could also
increase the amount of surface water runoff generated to the storm drain collection system due to an
increase in the amount of impervious surfaces, such as rooftops, parking lots, and other hardscape. An
increase in surface water quantity could impact existing storm drain facilities downstream of the project.
Development could also increase the amount of urban pollutants, including hydrocarbons, organic wastes,
nutrients, litter, hazardous chemicals, and pesticides and fertilizers that enter local bodies of water.
Potential erosion impacts could increase sediments and silt to further degrade storm water runoff, if not
mitigated. These urban pollutants could impact the water quality of the storm drain channels and the
ocean, if the surface water runoff is not pre-treated prior to discharge from a site. Development would not
be significantly impacted by a seiche or tsunami.
No specific development projects have been submitted for formal consideration. For any of the projects
that are pending pre-submittal review by the City, those projects are too speculative and unspecified to
allow for a detailed environmental analysis at this time. An EIR need not attempt to predict future
environmental consequences when future development is unspecified and uncertain. Given the lack of an
proposed projects, predicting the likely environmental consequences of future unknown projects is too
speculative for further analysis. (Guidelines Section 15145). Accordingly, once a specific project is
proposed, it will be analyzed to determine whether and to what extent the project causes any existing
infrastructure to operate at less than an acceptable level and to ensure compliance with the City's NPDES
requirements and Chula Vista Municipal Code Section 14.20.l20.A through all stages of planning,
design, construction, and post construction, including structural and nonstructural pollution control
measures to limit urban pollutants reaching the waters of the United States to the maximum extent
practical. A NPDES permit would be required for all projects that discharge to surface waters, or a Waste
Discharge Requirements permit for any discharge of wastes to land as required by the California Water
Code. The City has construction and post construction Best Management Practices (BMPs) to mitigate
and reduce water quality impacts. All applicable BMPs would be incorporated into projects to control the
discharge of pollutants, prevent sewage spills, and avoid the discharge of sediments into the streets, storm
water conveyance channels or waterways.
Mitigation Measures:
The following mitigation measures are feasible and are required as a condition of approval and are made
binding on the applicant through these findings (EIR, Section 4.3.3, pages 77 to 80).
1. Prior to approval of project plans for development and public improvement projects in the Project
Areas, a site-specific hydrology study shall be approved by the City of Chula Vista. This study
shall identify the on-and off-site facilities necessary to adequately convey surface runoff to avoid
or minimize on-site ponding, which could impact the integrity of building footings, and/or off-site
flooding at downstream properties. This study shall also evaluate measures to avoid or minimize
flooding of low-lying areas during high tide conditions, the effects of wind-driven waves
generated from within San Diego Bay, flooding from the Sweetwater River, and erosion from
inland or coastal flooding. All applicable measures recommended by the hydrology study shall
be shown on the face of final grading and building plans and/or incorporated into contractor
specifications prior to award of construction contracts, to the satisfaction of the City of Chula
Vista. The hydrology study and mitigation measures shall be in conformance with criteria set
forth by the U.S. Army Corps of Engineers for design of coastal structures. To the extent that the
construction of necessary drainage facilities is within the sole control of another governmental
agency, the project proponent will be required to demonstrate to the City that they have a
determination from that governmental agency that there exists sufficient storm water facilities to
serve the proposed project without causing a significant impact on that infrastructure system. If
such assurances cannot be obtained, the applicant shall be required to demonstrate that, have paid
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their proportionate share of the cost to mitigate that impact (if the project causes a cumulative
impact), or that the applicable agency will provide the infrastructure necessary mitigate that
impact to below that agency's adopted standard of significance unless subsequent environmental
analysis is conducted and a statement of overriding considerations is then adopted.
2. Prior to issuance of a grading permit for subsequent development or redevelopment activities
within the Project Areas, a detailed erosion/siltation control plan shall be approved by the City of
Chula Vista. The plan shall include, hut not he limited to, the following measures to protect
existing downstream areas from erosion, scour, and sediment deposition:
a) Install energy dissipaters, riprap aprons, water bars, or drop structures at all drainage outlets
(e.g. subdrains, storm drains, culverts, brow ditches, and drainage crossings, or swales) to
protect downstream areas from erosion, channel scour, siltation, and sedimentation;
b) Implement short-and long-tem stabilization (erosion control) and structural (sediment control)
measures to: (1) limit the exposure of graded areas to the shortest duration possible, (2) divert
upslope runoff around graded areas, and (3) sore flows and remove sediment from runoff
before it leaves the construction site. Stabilization measures may include dust control,
surface roughening, hydro seeding, temporary and permanent landscaping, mulching,
matting, blankets, geotextiles, sod stabilization, slope protection (e.g., geogrid fabric), tree
protection (e.g., caging), and vegetative buffer strips. In addition, rubber hypalon liners shall
be placed on bare soil disturbed by construction activities when weather conditions indicate
any possibility of rain and the activities are temporarily suspended for any reason.
Structural measures may include slope drains and benching, subdrains, storm drains, culverts,
brow ditches, vegetation-lined drainage crossings, or swales, silt fencing, brush barriers, hay
bales, gravel bags, berms, dikes, check dams, sediment traps, infiltration trenches, French
drains, catch basins, desilting and detention basins, and vegetative controls. Such controls
would likely be required at the base of manufactured slopes and/or areas adjacent to, or
upstream of major drainage courses and wetlands;
c) Maintain temporary and permanent landscaping on manufactured slopes, and use native or
drought-tolerant vegetation, where applicable to reduce irrigation requirements
d) Prevent tracking of soil from the construction site via gravel strips, temporary pavlllg,
sediment trapping devices, and/or wheel washing facilities at access points;
e) Install/maintain gravel filters at all temporary drainage inlets; and
f) Inspect/maintain all erosion and sediment control measures to ensure that they function
properly during the entire construction period. All desilting traps/basins shall be cleaned
when filled to 10% of their capacity, and all silt barriers shall be cleaned when accumulated
sediment reaches six inches in depth. All areas planted with erosion-control vegetation shall
be monitored daily for vegetation establishment and erosion problems, and any repairs and/or
replacement of vegetation made promptly. Stabilization and structural controls shall be
inspected at least monthly and after every significant storm event, and shall be repaired or
maintained as needed to reduce sediment discharge. Access to these facilities shall be
maintained during wet weather.
3. Prior to issuance of a grading permit for subsequent development or redevelopment activities
within the Project Areas, a Notice of Intent shall be submitted to the State Water Resources
Control Board, and a Storm Water Pollution Prevention Plan (SWPPP) shall be developed and
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implemented in compliance with the California General Construction Activity Storm Water
Permit of the NPDES. In addition, to the stabilization and structural controls specified above, the
SWPPP shall include, but shall not be limited to, the following BMPs;
a) Implement material and waste management programs during grading and
construction, including solid, sanitary, septic, hazardous, contaminated soil,
concrete and construction waste management, spill prevention, appropriate
material delivery and storage, employee training, dust control, and vehicle and
equipment cleaning, maintenance and fueling;
b) Implement routine procedures or practices after grading and construction to
reduce the amount of pollutants available for transport in the typical
rainfall/runoff process such as a material use control program including proper
storage and disposal practices for potential pollutants (e.g., motor oils and
antifreeze); prohibiting storage of uncovered hazardous substances in outdoor
areas; prohibiting the use of pesticides and herbicides listed by the
Environmental Protection Agency, and spill prevention/responses and
shipping/receiving practices.
c) Install/maintain grease and oil traps or other filtration systems (e.g., fossil filters)
at all permanent storm drain inlets; and
d) Implement a monitoring program involving the following inspection and
maintenance procedures for all post-construction storm water pollution control
measures to ensure that they continue to function properly:
. If utilized onsite, permanent detention basins shall be cleaned when filled to
10% of their capacity;
. Drainage inlet filters shall be inspected and maintained at a frequency
appropriate to the type of filter system used;
. Landscaping sprinkler systems shall be maintained to prevent excess runoff
due to leaking or broken sprinkler heads;
. Drainage facilities shall be routinely inspected and repaired as needed; and
. Records shall be kept of all control measure implementation, inspection, and
maintenance.
4. Prior to issuance of a grading permit for subsequent development or redevelopment activities
within the Project Areas, all applicable short- and long-term stabilization (erosion control) and
structural (sediment control) measures and BMPs recommended by the erosion/siltation control
plan and SWPPP shall be shown on the face of final grading plans and/or incorporated into
contractor specifications prior to award of construction contracts, to the satisfaction of the City of
Chula Vista.
5. During and after grading and construction, random periodic field inspections shall be conducted
by the City or designated monitor to verify implementation of applicable stabilization and
structural controls and BMPs in accordance with approved plans and permits. If observed
conditions and/or grading/construction activities vary significantly from those documented in
approved plans and permits, such activities shall be halted temporarily or diverted away from
affected area(s) and the City notified immediately to determine appropriate mitigation.
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6. Prior to issuance of a certificate of occupancy, the applicant, as applicable, shall provide evidence
to the City of Chula Vista that: I) a hazardous materials business plan has been prepared and
implemented in accordance with local, state, and federal regulations; and 2) all local, state, and
permit requirements to generate, use, store, and transport hazardous materials have been satisfied.
7. All subdivisions shall comply with Chula Vista Subdivision Manual Section 3-201.2(2) that
requires subdivisions to provide on-site storm detention facilities such that the post-development
flow rate for a given design storm does not exceed the pre-development flow rate at the outlet of
the subdivision. Preliminary hydrology studies shall demonstrate that runoff flow rate does not
increase as a result of development.
Significance After Mitigation:
There will be no significant drainage or water quality impacts with adoption and implementation of the
Amendments and incorporation of the recommended mitigation measures.
D. TRAFFIC AND CIRCULATION
Standards of Significance:
The threshold criteria for determining whether or not the Amendment could have significant traffic
impacts are based on City of Chula Vista standards. The criteria differ depending on whether the timing
of impacts is near-term (0-4 years) or long-term (5 years or longer). The criteria is:
Near Term (0-4 years)
Intersections
A direct impact project impact to an intersection would occur if both of the following criteria are met:
I. Level of service is LOS E or LOS F; and
2. Project trips comprise five percent or more of entering volume;
3. A cumulative impact to an intersection would occur only if Criteria #1 is met.
Street Segments
If Average Daily Trips (ADT) methodology indicates LOS C or better for a street segment, an impact is
not significant; if ADT methodology indicates LOS D, E or F for a street segment, the Growth
Management Oversight Committee (GMOC) method should be utilized, which uses the following criteria:
A direct project impact would occur to a street segment if all of the following criteria are met:
1. Level of service is LOS D for more than two hours or LOS ElF for one hour based on GMOC
criteria;
2. Project trips comprise five percent or more of segment volume; and
3. Project adds greater than 800 ADT to segment;
4. A cumulative impact to a street segment would occur only if Criteria #1 is met.
Long Term (5 years or longer)
Intersections
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A direct project impact to an intersection would occur if both of the following criteria are met:
1. Level of service is LOS E or LOS F; and
2. Project trips comprise five percent or more of entering volume;
3. A cumulative impact to an intersection would occur only if Criteria #1 is met
Street Segments
Using the ADT methodology, an impact considered significant; if the following criteria are met:
I. Level of service is LOS D, LOS E, or LOS F;
2. Project trips comprise five percent or more of segment volume; and
3. Project adds greater than 800 ADT to segment;
4. A cumulative impact to a street segment would occur only if Criteria #1 is met.
Impact:
Development could be encouraged that could have significant traffic and circulation impacts to the area
transportation and circulation system. The development of projects could generate traffic that reduces
roadway segments and/or intersections to unacceptable City levels of service.
Findings:
Pursuant to section 15091(a)(1) of the CEQA Guidelines, changes or alterations are required in, or
incorporated into, the project that will substantially lessen or avoid the significant effect as identified in
the EIR to a level of insignificance. Moreover, pursuant to Guidelines, ~ 15091, subd. (a)(2) certain
changes or alterations may be within the responsibility and jurisdiction of another public agency and not
the agency making the Findings. Such changes have been adopted by such other agency or can and
should be adopted by such other agency.
Explanation:
Based on the threshold criteria the adoption and implementation of the Amendment could encourage
development that could have significant traffic and circulation impacts to the area transportation and
circulation system. The development of projects could generate traffic that reduces roadway segments
and/or intersections to unacceptable City levels of service. However, no specific development projects
have yet been proposed. No specific development projects have been submitted for formal consideration.
For any of the projects that are pending pre-submittal review by the City, those projects are too
speculative and unspecified to allow for a detailed environmental analysis at this time. An EIR need not
attempt to predict future environmental consequences when future development is unspecified and
uncertain. Given the lack of an proposed projects, predicting the likely environmental consequences of
future unknown projects is too speculative for further analysis. (Guidelines Section 15145).
Accordingly, once a specific project is proposed, it will be analyzed to determine whether and to what
extent the project causes any existing infrastructure to operate at less than an acceptable level and to
ensure all projects are evaluated for traffic impacts pursuant to the February 13,2001 City ofChula Vista
Guidelines for Traffic Impact Studies If traffic impacts are identified pursuant to the City ofChula Vista
Guidelines for Traffic Impact Studies, a traffic study will be required to identify traffic impacts and
measures will be required to mitigate the impacts.
The Amendment will provide the Agency the ability to fund the construction of needed street
improvements with tax increment funds.. If the Agency is able to construct needed street and circulation
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improvements the Amendment would have positive impacts by improving traffic flow, reducing
congestion and improving traffic safety.
Mitigation Measures:
The following mitigation measures are feasible and are required as a condition of approval and are made
binding on the applicant through these findings (EIR, Section 4.4.3, pages 91 to 92).
I. Prior to approval of project plans for development or redevelopment activities in the Project
Areas that are anticipated to generate substantial traffic volumes based on criteria in the
February 13, 2001 City of Chula Vista Guidelines for Traffic Impact Studies, a detailed
traffic study shall be approved by the City of Chula Vista. For projects that would generate
2,440 or more ADT, or 200 or more peak-hour trips, the traffic study shall be prepared in
accordance with the Guidelines fiJI' ConReslion MOIIGRemenl Program (SANDAG 1994).
Based upon studies, mitigation measures shall be implemented to reduce all traffic impacts to
below the level of insignificance established by the City. To the extent that the study shows
that an affected intersection or roadway segment within the control of another governmental
agency (such as CalTrans or another city), the project proponent will be required to
demonstrate to the City that they have a determination from that governmental agency that
the specific project will not cause a significant impact to the intersection or segment. If such
assurances cannot be obtained, the applicant shall be required to demonstrate that, have paid
their proportionate share of the cost to mitigate that impact (if the project causes a cumulative
impact), or that the applicable agency will provide the infrastructure necessary mitigate that
impact to below that agency's adopted standard of significance unless subsequent
environmental analysis is conducted and a statement of overriding considerations is then
adopted.
The traffic study may also address the following transportation/circulation issues, as
appropriate and determined by the City Engineer, or his designee: (1) in addition to geometric
improvements (e.g., road widening, lane restriping, intersection reconfiguration), traffic flow
improvements to reduce congestion should include traffic signal installation, timing, and
phasing; (2) bicycle and pedestrian pathways should be developed, at a minimum to meet
standards; and (3) the City of Chula Vista should encourage the extension of public transit
into the expanded Added Territory. To further reduce traffic impacts, the following
transportation demand management strategies (TDM) shall be addressed in the traffic study
for possible incorporation as conditions subsequent permits for future development or
redevelopment activities with the Project Areas:
. Promote the use of public transportation, including increased bus and trolley
service/usage and possible extension oflight rail transit service into the Added Territory;
. Create park and ride lots;
. Provide bicycle storage facilities;
. Promote a ride sharing program; and
. Promote flexible work shifts from area businesses.
2. Prior to issuance of a certificate of occupancy for future development or redevelopment within
the Project Areas, construction of the circulation system improvements identified in the
recommended traffic study in Mitigation Measure I. above, if required, shall be completed to the
satisfaction of the City ofChula Vista and, when applicable, Caltrans.
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Significance After Mitigation:
There will be no significant traffic and circulation impacts with adoption and implementation of the
Amendment and incorporation of the recommended mitigation measures.
E. AESTHETICS
Standards of Significance
The threshold criteria for determining potential significant aesthetic impacts are if the adoption and
implementation ofthe Amendment will:
. Substantially impact a scenic vista;
. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and
historic buildings with a state scenic highway;
. Substantially degrade the existing visual character or quality of the site and its surroundings;
. Introduce a new source of substantial light or glare that adversely affects day or nighttime views in
the area; or
. Result in architecture, urban design, landscaping, and/or landforms that negatively detract from the
prevailing aesthetic character of the site or surrounding area.
Impact:
No specific development projects have been submitted for formal consideration. For any of the projects
that are pending pre-submittal review by the City, those projects are too speculative and unspecified to
allow for a detailed environmental analysis at this time. An EIR need not attempt to predict future
environmental consequences when future development is unspecified and uncertain. Given the lack of an
proposed projects, predicting the likely environmental consequences of future unknown projects is too
speculative for further analysis. (Guidelines Section 15145). Accordingly, once a specific project is
proposed, it will be analyzed to determine whether and to what extent Future development could have
aesthetic impacts, including architecture, urban design, landscaping, and/or landforms that negatively
detract from the aesthetic character of a site, or surrounding area. Projects could have light and glare
impacts on existing land uses. Development along F Street and Fourth Avenue could impact the scenic
qualities of these roadways because they are scenic roadways.
Findings:
Pursuant to section 15091(a)(I) of the CEQA Guidelines, changes or alterations are required in, or
incorporated into, the project that will substantially lessen or avoid the significant effect as identified in
the EIR to a level of insignificance.
Explanation:
Future development could have aesthetic impacts, including architecture, urban design, landscaping,
and/or landforms that negatively detract from the aesthetic character of a site, or surrounding area. In
addition, projects could increase light and glare and impact existing land uses in the vicinity that are
sensitive to light and glare. Development along F Street and Fourth Avenue could impact the scenic
qualities of these two roadways because they are designated as scenic roadways.
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One of the objectives of the Amendment is to reduce and eliminate blight. The adoption and
implementation of the Amendment will encourage the removal of existing blighted and deteriorated
buildings and replace them with new buildings. The Amendment will also encourage construction of
public improvements that could improve the aesthetics of the Project Areas. All future private and public
improvement projects will be evaluated for consistency with the City's standards and guidelines,
including the design manual, to reduce aesthetic impacts and mitigation measures will be imposed as
appropriate to minimize and reduce aesthetic impacts to a level of insignificance in compliance with
CEQA.
Mitigation Measures:
The following mitigation measures are feasible and are required as a condition of approval and are made
binding on the applicant through these findings (EIR, Section 4.5.3, pages 96 to 97).
I. Prior to approval of project plans for subsequent development or redevelopment activities in the
Project Areas, the City of Chula Vista shall review individual project plans and building design.
Design review shall include plan/architecture modification, if necessary, to protect the aesthetics
and character ofthe area of the project and scenic roadways.
2. All private and public improvement projects shall be reviewed by the City for consistency with
the City's standards and guidelines for aesthetics and design, including the design manual, and all
private and public improvement projects, shall be required to comply with those standards and
guidelines, including the design manual.
Significance After Mitigation:
No significant aesthetic impacts are anticipated with adoption and implementation of the Amendment and
incorporation of the recommended mitigation measures.
F. NOISE
Standards of Significance:
The threshold criteria for determining whether or not the project could have significant noise impacts are
based on whether or not adoption and implementation of the Amendment will:
. Result in exterior noise levels that exceed 65 CNEL in residential areas and outdoor recreational
areas;
. Result in interior noise levels that exceed 45 dB CNEL for single-family and multi-family
residential homes;
. Result in noise levels that violate the City's Noise Ordinance (Chapter 19.68 of the Municipal
Zoning Code);
. Create a substantial permanent or temporary increase in ambient noise levels in the project
vicinity above levels existing without the project.
. Generate a one-hour average noise level in excess of 60 dBA at adjacent wildlife habitat during a
nesting season.
Impact:
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The development of projects in the future could increase both the short- and long-term noise levels that
exceed adopted noise levels. Increased noise levels could impact noise sensitive land uses in the project
vicinity.
Findings:
Pursuant to section 15091(a)(I) of the CEQA Guidelines, changes or alterations are required in, or
incorporated into, the project that will substantially lessen or avoid the significant environmental effects
as identified in the EIR.
Explanation:
No specific development projects have been submitted for formal consideration. For any of the projects
that are pending pre-submittal review by the City, those projects are too speculative and unspecified to
allow for a detailed environmental analysis at this time. An EIR need not attempt to predict future
environmental consequences when future development is unspecified and uncertain. Given the lack of an
proposed projects, predicting the likely environmental consequences of future unknown projects is too
speculative for further analysis. (Guidelines Section 15145). Accordingly, once a specific project is
proposed, it will be analyzed to determine whether and to what extent the development of both public and
private projects could increase noise levels in the project vicinity that exceed adopted noise levels. The
development of future projects could increase both short-term (construction) and long-term (operational)
noise levels beyond City standards. The increased noise levels could impact noise sensitive land uses in
the vicinity of the project. Potential noise impacts could include both interior and exterior noise levels
impacts as well as increasing the ambient, or background noise levels beyond City acceptable limits.
The City or Agency, as appropriate, will review all future projects for potential noise impacts at the time
plans are submitted for approval. When applicable, noise studies will be required to determine whether or
not a project will have noise impacts as determined by the City's Noise Control Ordinance. Mitigation
measures to reduce noise impacts would be imposed on projects when applicable to meet the noise
ordinance and reduce noise impacts to a level of insignificance to comply with CEQA. Based on the
threshold criteria the Amendment could have significant noise impacts due to the development of public
and private projects in the Project Areas.
Mitigation Measures:
The following mitigation measures are feasible and are required as a condition of approval and are made
binding on the applicant through these findings (EIR, Section 4.6.3, pages 101 to 102).
I. The City or Agency, as appropriate, shall review all projects for compliance with the Noise
Control Ordinance and the City's CEQA significance threshold. If it is determined that a project
could have significant noise impacts, an acoustical analysis shall be required. Measures to reduce
noise levels in compliance with the noise standards and recommendations of the acoustical
analysis shall be incorporated into the project. Prior to issuance of certificates of occupancy, the
required mitigation measures specified in the approved noise analysis shall be implemented
and/or constructed to the satisfaction of the City ofChula Vista.
2. Development activity shall comply with the applicable City of Chula Vista nuisance ordinance,
which limits construction activity to the weekday hours of 7 A.M. to 7 P.M. Items a) through e)
below shall also be shown on the face of final grading plans and/or incorporated into contractor
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specifications as necessary prior to award of construction contracts, to the satisfaction of the City
of Chula Vista.
a) When siting stationary equipment such as generators and compressors, sensitive receptors
shall be sheltered from construction noise. This can be accomplished using existing
barriers such as ground elevation change and buildings, or temporary barriers such as
plywood walls or noise blankets.
b) Several loud operations should occur simultaneously to decrease the duration of impacts
resulting from each of the actions completed separately.
c) When pile driving, alternative and less intrusive construction methods such as vibration
or hydraulic insertion should be used (as available) to lower noise levels.
d) Each internal combustion engine used for project construction shall be equipped with a
muffler as required by Caltrans Standard Specifications 7-1.01 I, January 1988.
e) During grading and construction, random periodic field inspections shall be conducted by
the City or designated monitor to verify implementation of applicable noise requirements.
Significance After Mitigation:
There will be no significant noise impacts associated with adoption and implementation of the
Amendment and incorporation of the recommended mitigation measures.
G. AIR QUALITY
Standards of Significance:
The State CEQA guidelines defines a potentially significant air quality impact as one that would:
. Conflict with or obstruct implementation of the applicable air quality plan;
. Violate any air quality standard or contribute substantially to an existing or projected air quality
violation;
. Result in a cumulatively considerable net increase of any criteria pollutant for which the project
region is non-attainment under an applicable federal or state ambient air quality standard;
. Expose sensitive receptors to substantial pollutant concentrations; or,
. Create objectionable odors affecting a substantial number of people.
Impact:
The construction and operation of future development would generate both shor!- and long-term air
emissions, which could violate air quality thresholds.
Findings:
Pursuant to section 15091(a)(I) of the CEQA Guidelines, changes or alterations are required in, or
incorporated into, the project that will substantially lessen or avoid the significant environmental effect as
identified in the EIR to a level of insignificance.
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Explanation:
The adoption and implementation of the Amendment will allow the Agency to fund the construction of
both public and private projects. The construction and operation of public and private projects will have
both short and long-term air emission impacts and contribute to air quality violations. Development
could violate air quality thresholds. No specific development projects have been submitted for formal
consideration. For any of the projects that are pending pre-submittal review by the City, those projects
are too speculative and unspecified to allow for a detailed environmental analysis at this time. An EIR
need not attempt to predict future environmental consequences when future development is unspecified
and uncertain. Given the lack of an proposed projects, predicting the likely environmental consequences
of future unknown projects is too speculative for further analysis. (Guidelines Section 15145).
Accordingly, once a specific project is proposed, it will be analyzed to determine whether and to what
extent the project has the potential to cause air quality impacts. Measures to reduce air emissions will be
incorporated when required to reduce both short and long-term air quality impacts for compliance with air
emission thresholds enforced by SDAPCD. Based on the threshold criteria, the Amendment could have
significant air quality impacts with the construction and operation of public and private projects that
generate air emissions and exceed thresholds.
Mitigation Measures:
The following mitigation measures are feasible and are required as a condition of approval and are made
binding on the applicant through these findings (EIR, Section 4.7.3, page 1 14 to I 16).
While the following measures will serve to reduce air emissions typically associated with development
activities, the measures are not all-inclusive. As new air emission reduction measures are identified in the
future, the City or Agency, as appropriate, shall incorporate those air emission reduction measures into
projects to further reduce air emissions. The following mitigation measures will serve to reduce air
emiSSions:
I. All projects shall be reviewed by the City or Agency, as appropriate, for potential air quality impacts
based on threshold criteria adopted by the SDAPCD. The City or Agency, as appropriate, shall
incorporate all applicable air emission reduction measures to reduce air emissions to comply with air
emission thresholds adopted by the SDAPCD when it is determined a project would exceed SDAPCD
thresholds. In addition, the City or Agency, as appropriate, shall incorporate new short and long-term
air emission reduction measures in the future as applicable to further reduce project air emissions.
2. Prior to issuance of a final grading permit for development or redevelopment projects, the following
measures shall be included in the grading specifications, to the satisfaction of the City of Chula Vista:
a) Water all active grading areas, including the exposed soil involved in the excavation and
compaction operations, and active haul roads, with adequate frequency to keep soil moist at
all times.
b) Cover all trucks hauling dirt, sand, soil or other lose materials, or maintain at least two feet of
clearance between top of piled material and truck bed, in accordance with the requirements of
the Califomia Vehicle Code, Section 23114.
c) Limit truck speeds on unpaved areas to 15 mph or less via temporary signage, speed bumps
or other speed control measures.
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d) Sweep streets adjacent to the construction site at least once a day if visible soil materials are
carried onto the streets by project vehicles and equipment.
e) Pave or apply water four times daily to all unpaved parking or staging areas.
1) Cover or water twice daily anyon-site stockpiles of debris, dirt or other dusty material.
g) Suspend all operations on any unpaved surface if winds exceed 25 mph.
h) Hydroseed or otherwise stabilize any cleared area which is to remain inactive for more
than 96 hours after clearing is completed.
3. Random periodic field inspections shall be conducted to verify implementation of applicable
construction-related measures identified in Mitigation Measure 1 in accordance with approved plans
and permits. If observed conditions and/or grading/construction activities vary significantly from
those documented in approved plans and permits, such activities shall be halted temporarily or
diverted away from affected area(s) and the City shall be notified immediately to determine the
appropriate mitigation.
4. Prior to the issuance of a building permit for any facility containing stationary sources large enough
to require APCD permits, future project applications shall provide evidence to the satisfaction of the
City of Chula Vista that an "Authority to Construct" has been issued by the APCD for any such
applicable equipment.
5. Prior to the issuance of a certificate of occupancy, future project applicants shall provide evidence to
the satisfaction of the City of Chula Vista that the facilities and processes which require APCD
permits have been reviewed by the APCD, and that all required permits have been issued.
6. Project construction shall implement enhanced dust control measures to maintain a less-than-significant
impact associated with air quality during construction. Enhanced dust control measures shall be called
out as notes on the project grading plan(s) and shall include the following:
Significance After Mitigation:
There will not be any significant air quality impacts associated with adoption and implementation of the
Amendment with incorporation of the recommended mitigation measures.
H. PUBLIC SERVICES AND UTILITIES
Water Service
Standards of Significance:
In accordance with the State CEQA Guidelines, the threshold criteria for determining whether or not the
Amendments could have potential water service impacts is if development:
. Cannot be served from existing entitlements and resources and would require the construction
of new water facilities or expansion of existing facilities, the construction of which could
cause significant environmental effects; or
. Disrupts water service or causes water purveyors to provide inadequate levels of service.
Substantially degrade or deplete groundwater resources.
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In accordance with the City's Threshold Standards Policy:
. Developer will request and deliver to the City a service availability letter from the Water
District for each project.
. The City shall annually provide the San Diego County Water Authority, the Sweetwater
Authority, and the Otay Municipal Water district with a 12 to 18 month development forecast
and request an evaluation of their ability to accommodate the forecast and continuing growth.
The Districts' replies should address the following:
a) Water availability to the City and Planning Area, considering both short and long term
perspectives.
b) Amount of current capacity, including storage capacity, now used or committed.
c) Ability of affected facilities to absorb forecast growth.
d) Evaluation of funding and site availability for projected new facilities.
e) Other relevant information the District(s) desire(s) to communicate to the City and
GMOC.
Impact:
Additional development may increase the demand for potable water for drinking, fire suppression, and
landscape maintenance and impact existing water facilities, requiring upgrades to the existing distribution
system to provide adequate water supplies.
Findings:
Pursuant to section 15091(a)(I) of the CEQA Guidelines, changes or alterations are required in, or
incorporated into, the project that will substantially lessen or avoid the significant environmental effect as
identified in the EIR to a level of insignificance. Moreover, pursuant to Guidelines, 915091, subd. (a)(2)
certain changes or alterations may be within the responsibility and jurisdiction of another public agency
and not the agency making the Findings. Such changes have been adopted by such other agency or can
and should be adopted by such other agency.
Explanation:
The Amendment will encourage development that may increase the demand for potable water for
drinking, fire suppression, and landscape maintenance and impact existing water facilities. New
development and/or redevelopment could require upgrades to the existing distribution system in order for
development to have an adequate supply of water. No specific development projects have been submitted
for formal consideration. For any of the projects that are pending pre-submittal review by the City, those
projects are too speculative and unspecified to allow for a detailed environmental analysis at this time.
An EIR need not attempt to predict future environmental consequences when future development is
unspecified and uncertain. Given the lack of an proposed projects, predicting the likely environmental
consequences of future unknown projects is too speculative for further analysis. (Guidelines Section
15145). Accordingly, once a specific project is proposed, it will be analyzed to determine whether and to
what extent the proposed project impacts water service. Development projects will be required to
incorporate all state mandated and City required water conservation measures as applicable to reduce
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water consumption. The incorporation of the state mandated and City required water conservation
measures will reduce water consumption.
Mitigation Measures:
The following mitigation measures are feasible and are required as a condition of approval and are made
binding on the applicant through these findings (EIR, Section 4.8. 1.3, page 120).
I. Prior to the approval of utility plans for development or redevelopment projects, all water
plans shall be submitted to the Sweetwater Authority for their review to ensure that adequate
water service is provided to the development. No permits shall be issued to any development
or redevelopment project unless the Sweetwater Authority determines that adequate water
exists or that the project has been amended to include all improvements to ensure an adequate
water supply to the project or unless subsequent environmental analysis is conducted and
a statement of overriding considerations is then adopted.
2. The City shall require the incorporation of all state mandated water conservation measures as
well as all applicable water conservation required by the City of Chula Vista Growth
Management Ordinance.
Significance After Mitigation:
No significant water supply impacts are anticipated with adoption and implementation of the Amendment
and incorporation of the recommended mitigation measures.
Police Service
Standards of Significance
According to the City of Chula Vista's Quality of Life Threshold Standards, the proposed project would
have direct adverse impacts on police protection if the proposed Amendments would:
. Result in the CVPD's inability to implement the following regulations:
I. Properly equipped and staffed police units shall respond to 81 percent of "Priority One"
emergency calls within seven (7) minutes and maintain an average response time to all
"Priority One" emergency calls of 5.5 minutes or less.
2. Response to 57 percent of "Priority Two Urgent" calls within seven (7) minutes and
maintain an average response time to all "Priority Two" calls of 7.5 minutes or less.
Impact:
Additional development would increase the need for police protection services which could increase the
response time to Priority One and Priority Two Urgent calls and impact the ability of the police
department to maintain its desired levels of police service.
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Findings:
Pursuant to section 15091(a)(l) of the CEQA Guidelines, changes or alterations are required in, or
incorporated into, the project that will substantially lessen or avoid the significant environmental effects
as identified in the EIR to a level of insignificance.
Explanation:
The Amendment is anticipated to encourage development and increase the need the police protection
services. Although measures can be incorporated into future projects to improve police safety, additional
development will increase calls for service. Additional service calls could increase the time it takes for
police personnel to respond to Priority One and Priority Two Urgent calls and impact CVPD's ability to
maintain desired levels of police service. No specific development projects have been submitted for
formal consideration. For any of the projects that are pending pre-submittal review by the City, those
projects are too speculative and unspecified to allow for a detailed environmental analysis at this time.
An EIR need not attempt to predict future environmental consequences when future development is
unspecified and uncertain. Given the lack of an proposed projects, predicting the likely environmental
consequences of future unknown projects is too speculative for further analysis. (Guidelines Section
15145). Accordingly, once a specific project is proposed, it will be analyzed to determine whether and to
what extent the proposed project impacts police services to whether design changes or safety hardware
can be incorporated to reduce calls for service. The incorporation of the CVPD's recommendations could
reduce calls for police protection. The CVPD would also review development plans for potential impacts
to emergency response and/or evacuation plans and make recommendations accordingly to reduce
impacts to emergency response and/or evacuation routes. Future projects may require additional police
protection personnel and/or equipment requiring a developer to provide the funds to secure the personnel
and/or equipment necessary to assure adequate police protection services are available for the project.
Based on the threshold criteria, the Amendments could have significant impacts on police protection
services.
Mitigation Measures:
The following mitigation measures are feasible and are required as a condition of approval and are made
binding on the applicant through these findings (EIR, Section 4.8.2.3, page 122) for impacts associated
police protection.
I. Prior to the approval of a project, the developer shall pay impact fees for police protection
services to help finance the needed facilities and services
2. The City shall monitor Police Department responses to emergency calls and report the results to
the GMOC on an annual basis.
Significance After Mitigation:
No significant police protection impacts are anticipated with adoption and implementation of the
Amendment and incorporation of the recommended mitigation measures.
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Fire Protection
Standards of Significance:
According to the City of Chula Vista's Quality of Life Threshold Standards the Amendment would have
an adverse impact on fire and emergency medical services if they would:
. Not implement regulations set forth from the following criteria:
I. Properly equipped and staffed fire and medical units shall respond to calls throughout the
City within seven (7) minutes in 80 percent of the cases (measured annually).
Impact:
Additional development will increase the need for fire protection and emergency medical services, which
could impact the ability of the fire department and medical units to respond to calls for service.
Findings:
Pursuant to section 15091(a)(I) of the CEQA Guidelines, changes or alterations are required in, or
incorporated into, the project that will substantially lessen or avoid the significant environmental effect as
identified in the EIR to a level of insignificance.
Explanation:
The Amendment are anticipated to encourage new development and redevelopment of existing uses and
increase the need for fire protection and emergency medical services. Additional demand for fire
protection services could impact the CVFD by reducing the ability of fire and medical units to respond to
calls throughout the City within seven minutes in 85 percent of the calls. No specific development
projects have been submitted for formal consideration. For any of the projects that are pending pre-
submittal review by the City, those projects are too speculative and unspecified to allow for a detailed
environmental analysis at this time. An EIR need not attempt to predict future environmental
consequences when future development is unspecified and uncertain. Given the lack of an proposed
projects, predicting the likely environmental consequences of future unknown projects is too speculative
for further analysis. (Guidelines Section 15145). Accordingly, once a specific project is proposed, it will
be analyzed to determine whether and to what extent the proposed project impacts fire services. In
addition, development plans will be review for compliance with the fire code and other measures that can
be incorporated to improve fire safety and reduce service calls. The CVFD would also review
development plans for impacts to emergency response and/or evacuation routes. The Amendment may
have positive impacts on the CVFD if the Agency is able to construct needed upgrades to the water
distribution system to improve water pressure and flow for fire suppression. The construction of street
improvements may also have positive impacts by allowing faster response time to emergency calls.
Projects may require additional fire protection personnel and/or equipment requiring a developer to
provide the funds necessary to secure the personnel and/or equipment necessary to assure adequate fire
protection services are available for the project. Based on the threshold criteria, the Amendment could
have significant impacts on fire and emergency medical services.
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Mitigation Measures:
The following mitigation measures are feasible and are required as a condition of approval and are made
binding on the applicant through these findings (EIR, Section 4.8.3.3, page 125) for impacts associated
fire protection.
I. Prior to approval of plans for individual projects, the City of Chula Vista Fire Department shall
review the project plans and building design and include plan modifications, if necessary, to
ensure compliance with all applicable fire code requirements and properly equipped and staffed
fire and medical units respond to calls throughout the City within seven minutes in 85 percent of
the calls. The applicant shall be required to incorporate all recommended changes into the project
prior to the issuance of permits.
Significance After Mitigation:
No significant fire protection impacts are anticipated with adoption and implementation of the
Amendment and incorporation of the recommended mitigation measure.
School Facilities
Standards of Significance:
According to Appendix G of the CEQA Guidelines, a project could have a significant adverse impact on
the provision ofpublic services and facilities, such as school services, if it would:
. Result in a need for new or physically altered governmental facilities, the construction of which
may cause significant environmental impacts, in order to maintain acceptable service ratios,
response times or other performance objectives.
In accordance with the City's Threshold Policy:
. The City shall annually provide the two local school districts with a 12 to 18 month development
forecast and request an evaluation of their ability to accommodate the forecast and continuing
growth. The growth forecast and school district response letters shall be provided to the GMOC
for inclusion in its review.
Impact:
Additional development could have a significant impact on public schools due to increases in students
that would attend schools.
Findings:
Pursuant to section 15091(a)(I) of the CEQA Guidelines, changes or alterations are required in, or
incorporated into, the project that will substantially lessen or avoid the significant environmental effect as
identified in the EIR to a level of insignificance. Moreover, pursuant to Guidelines, ~ 15091, subd. (a)(2)
certain changes or alterations may be within the responsibility and jurisdiction of another public agency
and not the agency making the Findings. Such changes have been adopted by such other agency or can
and should be adopted by such other agency.
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Explanation:
Based on the threshold criteria the Amendment could have a significant impact on public schools due to
future development that is expected to occur. No specific development projects have been submitted for
formal consideration. For any of the projects that are pending pre-submittal review by the City, those
projects are too speculative and unspecified to allow for a detailed environmental analysis at this time.
An EIR need not attempt to predict future environmental consequences when future development is
unspecified and uncertain. Given the lack of an proposed projects, predicting the likely environmental
consequences of future unknown projects is too speculative for further analysis. (Guidelines Section
15145). Accordingly, once a specific project is proposed, it will be analyzed to determine whether and to
what extent the proposed project impacts schools. Future projects will be reviewed at the time plans are
submitted for approval to determine the impact, if any, a project would have on school facilities. The
payment of developer impact fecs as allowed by state law would mitigate the impact to student capacity
of the schools affected.
Mitigation Measures:
The following mitigation measure is feasible and is required as a condition of approval and are made
binding on the applicant through these findings (EIR, Section 4.8.4.3, page 128) for impacts associated
school facilities.
I. Prior to the issuance of building permits, the project applicant shall pay school impact fees or
participate in an alternative financing mechanism to help finance the needed facilities and
services for the Chula Vista Elementary and the Sweetwater Union High School Districts to the
satisfaction of the School Districts.
Significance After Mitigation:
There will be no significant school impacts with adoption and implementation of the Amendment and
incorporation of the recommended mitigation measure.
Sewage Services
Standards of Significance:
According to Appendix G of the CEQA Guidelines, a project could have a significant adverse impact on
sewer services if it would:
. Exceed wastewater treatment requirements of the San Diego Regional Water Control Board;
. Require or result in the construction of new wastewater treatment facilities or expansion of
existing facilities, the construction of which could cause significant environmental effects:
. Require sewer service where additional sewage treatment capacity is not presently available; or
. Result in the deterioration of the quality of service provided to the area.
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Additionally, the City's Threshold Standards Policy require the following:
1. Sewage flows and volumes shall not exceed City Engineering Standards as set fourth in the
Subdivision Manual adopted by City Council Resolution Number 11175 on February 12, 1983. as
may be amended from time to time.
2. The City shall annually provide the San Diego Metropolitan Sewer Authority with a 12 to 18 month
development forecast and request confirmation that the projection is within the City's purchases
capacity rights and an evaluation of their ability to accommodate the forecast and continuing growth,
or the City Engineering Department staff shall gather the necessary data.
Impact:
Additional development could increase sewage flows that cannot be handled by existing facilities,
requiring construction of new or larger facilities.
Findings:
Pursuant to section 15091(a)(I) of the CEQA Guidelines, changes or alterations are required in, or
incorporated into, the project that will substantially lessen or avoid the significant environmental effect as
identified in the EIR to a level of insignificance. Moreover, pursuant to Guidelines, ~ I 509 I, subd. (a)(2)
certain changes or alterations may be within the responsibility and jurisdiction of another public agency
and not the agency making the Findings. Such changes have been adopted by such other agency or can
and should be adopted by such other agency.
Explanation:
The Amendment could impact the existing sewage collection and treatment systems if new development
increases sewage flows that cannot be handled by existing facilities. No specific development projects
have been submitted for formal consideration. For any of the projects that are pending pre-submittal
review by the City, those projects are too speculative and unspecified to allow for a detailed
environmental analysis at this time. An EIR need not attempt to predict future environmental
consequences when future development is unspecified and uncertain. Given the lack of an proposed
projects, predicting the likely environmental consequences of future unknown projects is too speculative
for further analysis. (Guidelines Section 15145). Accordingly, once a specific project is proposed, it will
be analyzed to determine whether and to what extent the proposed project impacts the provision of sewer
services. All development plans will be reviewed by the City to make sure sewage flows do not exceed
City Engineering Standards and determine if existing facilities are adequate or improvements would be
required. The construction of new sewage facilities could have construction impacts, which would have
to be determined at the time improvement plans are submitted to the City for approval. The City would
conduct environmental analysis at that time to comply with CEQA if it suspected that environmental
impacts could occur. If private development projects require upgrades to existing facilities to serve new
development the project developer may have to pay the cost to upgrade the facilities in conjunction with
project construction. The Amendment may have positive impacts on wastewater collection facilities if
the Agency is able to construct needed upgrades to the local wastewater collection facilities and improve
sewer collection service.
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Mitigation Measures:
The following mitigation measure is feasible and is required as a condition of approval and is made
binding on the applicant through these findings (EIR, Section 4.8.5.3, page 13 I) for impacts associated
sewage services.
I. All private development projects shall be reviewed by the City of Chula Vista at the time the
project is submitted for approval to make sure that adequate sewer collection facilities are
available to serve the project. If it is determined the existing sewer collection facilities are not
adequate the project developer shall construct the facilities necessary to the satisfaction of the
City Engineer, or his designee, and assure that adequate sewer collection facilities are available
prior to the issuance of occupancy permits unless subsequent environmental analysis is conducted
and a statement of overriding considerations is then adopted.
Significance After Mitigation:
There will be no significant sewage impacts with adoption and implementation of the Amendment and
incorporation of the recommended mitigation measure.
Librarv
Standards of Significance:
According to the City ofChula Vista's Quality of Life Threshold Standards, the Amendment would have
an adverse impact on library services if the Amendment would:
. The City shall 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 build out. The construction of said
facilities shall be phased such that the City will not fall below the city-wide ratio of 500 GSF per
1,000 population. Library facilities are to be adequately equipped and staffed.
Impact:
Additional development could impact existing library facilities due to an IIlcrease in their useage by
residents.
Findings:
Pursuant to section 15091(a)(I) of the CEQA Guidelines, changes or alterations are required in, or
incorporated into, the project that will substantially lessen or avoid the significant environmental effect as
identified in the EIR to a level of insignificance.
Explanation:
The Amendment will encourage development that could impact exiting library facilities. No specific
development projects have been submitted for formal consideration. For any of the projects that are
pending pre-submittal review by the City, those projects are too speculative and unspecified to allow for a
detailed cnvironmental analysis at this time. An EIR need not attempt to predict future environmental
consequences when future development is unspecified and uncertain. Given the lack of an proposed
projects, predicting the likely environmental consequences of future unknown projects is too speculative
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for further analysis. (Guidelines Section 15145). Accordingly, once a specific project is proposed, it will
be analyzed to determine whether and to what extent the proposed project impacts the provision of library
services. New residential development will require the payment of developer fees that will be partially
applied towards providing additional library facilities to meet the recommendations of the City of Chula
Vista's Quality of Life Threshold Standards of 500 square feet of adequately equipped and staffed library
facility per 1,000 population. Payment of the applicable fee by the developer to provide additional library
facilities to meet the threshold criteria will mitigate the impact to library facilities.
Mitigation Measures:
The following mitigation measure is feasible and is required as a condition of approval and is made
binding on the applicant through these findings (EIR, Section 4.8.6.3, page 133) for impacts associated
library services.
I. All development, as applicable shall pay the impact fee necessary to finance the needed library
facilities for compliance with the City of Chula Vista's Quality of Life Threshold Standard for
library facilities.
Significance After Mitigation:
There will be no significant library impacts with adoption and implementation of the Amendment and
incorporation ofthe recommended mitigation measure.
Gas and Electricity
Standards of Significance:
According to Appendix G of the CEQA Guidelines, the Amendments could have a significant adverse
impact on the environment if it would:
. Use fuel or energy in a wasteful manner;
The Amendment could also have a significant adverse impact on power and gas services, if the project:
. Cannot be served from existing resources and would require the construction of new facilities or
expansion of existing facilities, the construction of which could cause significant environmental
effects;
. Disrupts existing service or causes utility agencies to provide inadequate levels of service.
Impact:
Additional development would consume natural gas and electricity, which could reqUIre upgrades or
extension of existing facilities.
Findings:
Pursuant to section 15091(a)(I) of the CEQA Guidelines, changes or alterations are required in, or
incorporated into, the project that will substantially lessen or avoid the significant environmental effect as
identified in the EIR to a level of insignificance. Moreover, pursuant to Guidelines, ~15091, subd. (a)(2)
certain changes or alterations may be within the responsibility and jurisdiction of another public agency
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and not the agency making the Findings. Such changes have been adopted by such other agency or can
and should be adopted by such other agency.
Explanation:
Future development would consume both natural gas and electricity. No specific development projects
have been submitted for formal consideration. For any of the projects that are pending pre-submittal
review by the City, those projects are too speculative and unspecified to allow for a detailed
environmental analysis at this time. An EIR need not attempt to predict future environmental
consequences when future development is unspecified and uncertain. Given the lack of an proposed
projects, predicting the likely environmental consequences of future unknown projects is too speculative
for further analysis. (Guidelines Section 15145). Accordingly, once a specific project is proposed, it will
be analyzed to determine whether and to what extent the proposed project impacts the provision of gas
and electrical services. Although upgrades and/or extensions to existing facilities may be required for
specific projects, generally the existing facilities are adequate to serve new development without any
significant impacts.
Mitigation Measures:
The following mitigation measure is feasible and is required as a condition of approval and is made
binding on the applicant through these findings (EIR, Section 4.8.8.3, page 137) for impacts associated
gas and electricity.
1. The City shall require the proponent of any future project to demonstrate construction,
installation, or modification of existing facilities, which are necessary to provide adequate gas
and electricity to the project. Natural gas and electricity generation and transmission facilities are
controlled by Sempra Energy. The project proponent will be required to demonstrate to the City
that they have a determination from Sempra Energy that there exists sufficient infrastructure
capacity to serve the proposed project without causing a significant impact on that infrastructure
system. If such assurances cannot be obtained, the applicant shall be required to demonstrate
that, have paid their proportionate share of the cost to mitigate that impact (if the project causes a
cumulative impact), or that the applicable agency will provide the infrastructure necessary
mitigate that impact to below that agency's adopted standard of significance unless subsequent
environmental analysis is conducted and a statement of overriding considerations is then adopted.
Significance After Mitigation:
There will be no significant natural gas or electricity impacts with adoption and implementation of the
Amendment and implementation of the recommended mitigation measure.
I. HAZARDS AND HAZARDOUS MATERIALS
Standards of Significance:
According to the State CEQA Guidelines, the Amendment could result in significant adverse hazards and
hazardous materials impacts if the Amendment:
Create a significant hazard to the public or to the environment.
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Impact:
Additional development of sites that used hazardous materials in the past could expose the public or
environment to hazards.
Findings:
Pursuant to section 15091(a)(I) of the CEQA Guidelines, changes or alterations are required in, or
incorporated into, the project that will substantially lessen or avoid the significant environmental effect as
identified in the EIR to a level of insignificance.
Explanation:
The Amendment will not directly create a significant potential public health hazard or involve the use,
manufacture, or disposal of materials that would pose a hazard to people and planned populations. The
adoption and implementation of the Amendment will encourage the development of both public and
private projects. No specific development projects have been submitted for formal consideration. For
any of the projects that are pending pre-submittal review by the City, those projects are too speculative
and unspecified to allow for a detailed environmental analysis at this time. An EIR need not attempt to
predict future environmental consequences when future development is unspecified and uncertain. Given
the lack of an proposed projects, predicting the likely environmental consequences of future unknown
projects is too speculative for further analysis. (Guidelines Section 15145). Accordingly, once a specific
project is proposed, it will be analyzed to determine whether and to what extent the proposed project
could expose humans to significant health hazards, if hazardous materials have been spilled. The
development of sites that used hazardous materials in the past could expose the public or the environment
to hazards. All properties proposed for development with spilled hazardous materials will have to comply
with all applicable local, county, state and federal laws regarding the remediation of the hazardous
materials prior to development. The Amendment will not change the requirements to remediate
contaminated properties prior to development. Assistance by the Agency to construct public or private
projects will not change or alter any local, county, State or federal requirements to remove hazardous
materials in compliance with all applicable laws and regulations. Based on the threshold criteria the
Amendment could develop sites with hazardous materials that could result in significant adverse hazards
and hazardous material impacts to the public or the environment.
Mitigation Measures:
The following mitigation measures are feasible and are required as a condition of approval and are made
binding on the applicant through these findings (EIR, Section 4.9.3, page 145) for impacts associated
hazardous materials.
I. Prior to development of any property formerly occupied by or adjacent to existing facilities that
used or stored hazardous materials, a detailed Phase I Environmental Site Assessment shall be
approved by the City of Chula Vista to evaluate the potential for soil and groundwater
contamination. If warranted by the Phase I environmental site assessment, soil and possibly
groundwater sampling will be required.
2. Asbestos and lead-based paint survey of existing buildings shall be conducted prior to any
renovation or demolition activities, to the satisfaction of the City ofChula Vista.
3. Prior to issuance of a grading permit for any property where the results of the Phase I, Phase II,
and/or asbestos evaluation indicate the potential for hazardous materials at levels requiring
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mitigation, all remedial measures identified in those studies shall be shown on the face of the
grading plans and/or incorporated into contractor specifications prior to awarding the construction
contracts, to the satisfaction of the City of Chula Vista. Those remedial measures shall be
implemented prior to the issuance of grading permits.
4. All business that use hazardous materials in conjunction with their business, shall store, use, and
dispose of all hazardous materials in compliance with all applicable local, county, state and
federal laws and regu lations.
Significance After Mitigation:
There will be no significant hazardous waste impacts with adoption and implementation of the
Amendment and implementation of the above mitigation measures.
J. RECREATION
Standards of Significance:
The threshold criteria for determining whether or not the Amendment will have recreational impacts
according to the City ofChula Vista's Quality of Life Threshold Standards:
. Individual impacts will be assessed on a project by project basis. Payment of PAD fees will assist the
City among other mechanisms, including possible redevelopment fees, for addressing future park
facility needs west ofthe 805.
Impact:
Additional development could increase the need for parks and recreational facilities and impact existing
facilities requiring the need to provide additional parkland.
Findings:
Pursuant to section 15091(a)(I) of the CEQA Guidelines, changes or alterations are required in, or
incorporated into, the project that will substantially lessen or avoid the significant environmental effect as
identified in the EIR to a level of insignificance.
Explanation:
The Amendment could encourage new development that could increase the need for parks and
recreational facilities and impact existing facilities requiring the need to provide additional parkland to
meet the threshold criteria. No specific development projects have been submitted for formal
consideration. For any of the projects that are pending pre-submittal review by the City, those projects
are too speculative and unspecified to allow for a detailed environmental analysis at this time. An EIR
nced not attempt to predict future environmental consequences when future development is unspecified
and uncertain. Given the lack of an proposed projects, predicting the likely environmental consequences
of future unknown projects is too speculative for further analysis. (Guidelines Section 15145).
Accordingly, once a specific project is proposed, it will be analyzed to determine whether and to what
extent the proposed project impacts the provision of recreation services. All projects would have to pay
the applicable PAD fee or dedicate parkland per City parkland requirements. The payment of a park fee
or dedication of parkland will mitigate the impacts of the project on park and recreational resources.
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There are no activities associated with the Amendment that will reduce or eliminate existing park or
recreational facilities. The adoption and implementation of the Amendment will allow the Agency the
authority to participate in the construction of recreational facilities, thus having positive impacts on the
City.
Mitigation Measures:
The following mitigation measure is feasible and is required as a condition of approval and is made
binding on the applicant through these findings (EIR, Section 4.11.3, page 165) for impacts associated
recreation.
I. Prior to the issuance of building permits the developer shall pay all applicable Park Acquisition
and Development (PAD) fees.
Significance After Mitigation:
No significant park and recreational impacts are anticipated with adoption and implementation of the
Amendments and incorporation of the recommended mitigation measure.
K. CULTURAL RESOURCES
Standards of Significance:
According to the State CEQA Guidelines, a project could have a significant effect on cultural resources if
the project would:
. Cause a substantial adverse change in the significance of a historical resource defined in
~ I 5064.5;
. Cause a substantial adverse change in the significance of an archaeological resource pursuant to
915064.5;
. Disturb any human remains, including those interred outside of formal cemeteries; or
. Directly or indirectly disturb a unique paleontological resource or site or unique geological
feature.
Impact:
Development could impact cultural resources since archaeological and paleontological resource a low to
moderate potential to exist.
Findings:
Pursuant to section 15091(a)(I) of the CEQA Guidelines, changes or alterations are required in, or
incorporated into, the project that will substantially lessen or avoid the significant environmental effect as
identified in the EIR to a level of insignificance.
Explanation:
Based on the threshold criteria, development could significantly impact cultural resources since
archaeological and paleontological resources have a low to moderate potential to exist in the Added
Territory. No specific development projects have been submitted for formal consideration. For any of
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the projects that are pending pre-submittal review by the City, those projects are too speculative and
unspecified to allow for a detailed environmental analysis at this time. An EIR need not attempt to
predict future environmental consequences when future development is unspecified and uncertain. Given
the lack of an proposed projects, predicting the likely environmental consequences of future unknown
projects is too speculative for further analysis. (Guidelines Section 15145). Accordingly, once a specific
project is proposed, it will be analyzed to determine whether and to what extent the proposed project
impacts archaeological and paleontological resources. Although there are not any known historical
buildings in the Added Territory, some buildings may be candidates as a historical resource and could be
significantly impacted if demolished or remodeled.
Mitigation Measures:
The following mitigation measure is feasible and is required as a condition of approval and is made
binding on the applicant through these findings (EIR, Section 4.13.3, page 171) for impacts associated
cultural resources.
I. Implementation as required by the City or Agency, as appropriate, of the following measures
associated with grading and construction of a site with the potential to contain archaeological
and/or paleontological resources:
Phase 1: Phase I shall consist of a qualified archaeologist or paleontologist doing a literature and
records search, surface study, subsurface testing if necessary, the recordation of any sites, and a
recommendation regarding the need for further work.
Phase 2: If it is determined during Phase I that further work is necessary, it shall consist of the
following:
a) A qualified archaeological or paleontologist monitor shall be present at a pre-grading
conference with the developer, grading contractor, and the City's Environmental Review
Coordinator. The purpose of this meeting will be to consult and coordinate the role of the
archaeologist or paleontologist in the grading of the site.
b) An archaeologist/paleontologist or designate shall be present during those relative phases
of grading as determined at the pre-grading conference. The monitor shall have the authority
to temporarily direct, divert or halt grading to allow recovery of historical or fossil remains.
The developer shall authorize the deposit of any resources found on the project site in an
institution staffed by qualified archaeologist or paleontologist as determined by the Planning
Director. The contractor shall be aware of the random nature of archaeological and
paleontolgical resource occurrences and the possibility of a discovery of such scientific
and/or educational importance that might warrant a long-term salvage operation or
preservation. The Planning Director shall resolve any conflicts regarding the role of the
archaeologist or paleontologist and/or recovery times.
All projects shall be reviewed by the City or Agency, as appropriate, to determine if there are any
known historical resources that would be impacted by a project. If a project would impact a
historical resource, the City or Agency, as appropriate, shall require the project developer to
preserve or photo document the resource before its demolition, or implement other measures to be
determined by the Planning Director to mitigate the impact.
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Significance After Mitigation:
No significant impacts to archaeological, historical, or paleontological resources are anticipated with
adoption and implementation of the Amendment and incorporation of the recommended mitigation
measures.
X. CUMULATIVE SIGNIFICANT EFFECTS & MITIGATION MEASURES
Cumulative impacts are those which "are considered when viewed in connection with the effects of past
projects, the effect of other current projects, and the effects of probable future projects" (Pub. Resources
Code Section 21082.2 subd. (b)). A list of individual cumulative projects (Table 10, page 174) was
included in the cumulative analysis.
While the extent of environmental changes that would occur with the individual developments may not be
significant, the sum of the related projects, including the adoption and implementation ofthe Amendment,
has the potential to create significant cumulative environmental impacts in the Project Areas. Based on
the analysis contained in Section 4.0 Environmental Impact Analysis. of this EIR, the project may
contribute to cumulative impacts for hydrology/drainage and water quality, traffic and circulation, noise,
public services and utilities, population and housing, and recreation. The project, along with other related
projects, will result in the following irreversible cumulative environmental changes. All page numbers
following the impacts refer to pages in the EIR.
A. DRAINAGE AND WATER QUALITY
Impact:
The construction of the cumulative projects in addition to development that is anticipated in the Added
Territory could increase the amount of surface runoff that is generated to the area storm drain collection
system.
Findings:
Pursuant to section 15091(a)(I) of the CEQA Guidelines, changes or alterations are required in, or
incorporated into, the project that will substantially lessen or avoid the significant environmental effect as
identified in the EIR to a level of insignificance.
Explanation:
Increased surface flows due to the construction of cumulative projects could impact the storm drain
system and its ability to adequately carry storm water. For those areas where the existing facilities may
be near or at their design capacity, additional surface water quantity could significantly impact the
facilities. No specific development projects have been submitted for formal consideration. For any of the
projects that are pending pre-submittal review by the City, those projects are too speculative and
unspecified to allow for a detailed environmental analysis at this time. An EIR need not attempt to
predict future environmental consequences when future development is unspecified and uncertain. Given
the lack of an proposed projects, predicting the likely environmental consequences of future unknown
projects is too speculative for further analysis. (Guidelines Section 15 145). Accordingly, once a specific
project is proposed, it will be analyzed to determine whether and to what extent the project. in
conjunction with other planned or approved projects, causes any significant storm water or water quality
impacts.. If it's determined the existing facilities are not adequate, the City will require the developer to
construct the improvements necessary to handle the storm water, obtain from the develope, evidence that
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the appropriate agency wi II construct the improvements necessary to handle the storm water at the
appropriate time, or obtain form the developer evidence that the developer has paid its proportional share
of the costs to construct such improvements. Although cumulative projects could significantly impact
the existing storm drain facilities, improvements would be provided as required by the various regulators
(City and state) to mitigate the impact to a level of insignificance.
Mitigation Measures:
Although no specific cumulative drainage and water quality mitigation measures are listed in the Draft
EIR, the following measure will ensure that adequate drainage and water quality facilities are provided in
conjunction with the development of cumulative projects. The recommended mitigation measures are
similar to those proposed for the Amendment, however, they have been revised accordingly to
specifically address cumulative projects. The following mitigation measures are feasible and are required
as a condition of approval and are made binding on the project proponent through these findings.
I. Once a specific project is proposed, it will be analyzed to determine whether and to what extent
the project, in conjunction with other planned or approved projects, causes any storm water or
water quality infrastructure to operate at less than an acceptable level. This study shall identify
the on-and off-site facilities necessary to adequately convey surface runoff to avoid or minimize
on-site ponding, which could impact the integrity of building footings, and/or off-site flooding at
downstream properties. This study shall also evaluate measures to avoid or minimize flooding of
low-lying areas during high tide conditions, the effects of wind-driven waves generated from
within San Diego Bay, flooding from the Sweetwater River, and erosion from inland or coastal
flooding. All applicable measures recommended by the hydrology study shall be shown on the
face of final grading and building plans and/or incorporated into contractor specifications prior to
award of construction contracts, to the satisfaction of the City of Chula Vista. The hydrology
study and mitigation measures shall be in conformance with criteria set forth by the U.S. Army
Corps of Engineers for design of coastal structures. If it is determined that the project will, in
conjunction with other approved or planned projects cause a significant impact on necessary
storm water or drainage infrastructure, the City will require the developer to construct the
improvements necessary to handle the storm water, obtain from the developer evidence that the
appropriate agency will construct the improvements necessary to handle the storm water at the
appropriate time, or obtain form the developer evidence that the developer has paid its
proportional share of the costs to construct such improvements, as appropriate, unless subsequent
environmental analysis is conducted and a statement of overriding considerations is then adopted.
2. Prior to issuance of a grading permit for subsequent development, a detailed erosion/siltation
control plan shall be approved by the City of Chula Vista. The plan shall include, but not be
limited to, the following measures to protect existing downstream areas from erosion, scour, and
sediment deposition:
g) Install energy dissipaters, riprap aprons, water bars, or drop structures at all drainage outlets
(e.g. subdrains, storm drains, culverts, brow ditches, and drainage crossings, or swales) to
protect downstream areas from erosion, channel scour, siltation, and sedimentation;
h) Implement short-and long-tem stabilization (erosion control) and structural (sediment control)
measures to: (I) limit the exposure of graded areas to the shortest duration possible, (2) divert
upslope runoff around graded areas, and (3) sore flows and remove sediment from runoff
before it leaves the construction site. Stabilization measures may include dust control,
surface roughening, hydro seeding, temporary and permanent landscaping, mulching,
matting, blankets, geotextiles, sod stabilization, slope protection (e.g., geogrid fabric), tree
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protection (e.g., caging), and vegetative buffer strips. In addition, rubber hypalon liners shall
be placed on bare soil disturbed by construction activities when weather conditions indicate
any possibility of rain and the activities are temporarily suspended for any reason.
Structural measures may include slope drains and benching, subdrains, storm drains, culverts,
brow ditches, vegetation-lined drainage crossings, or swales, silt fencing, brush barriers, hay
bales, gravel bags, berms, dikes, check dams, sediment traps, infiltration trenches, French
drains, catch basins, desilting and detention basins, and vegetative controls. Such controls
would likely be required at the base of manufactured slopes and/or areas adjacent to, or
upstream of major drainage courses and wetlands;
i) Maintain temporary and permanent landscaping on manufactured slopes, and use native or
drought-tolerant vegetation, where applicable to reduce irrigation requirements
j) Prevent tracking of soil from the construction site via gravel strips, temporary paving,
sediment trapping devices, and/or wheel washing facilities at access points;
k) Install/maintain gravel filters at all temporary drainage inlets; and
I) Inspect/maintain all erosion and sediment control measures to ensure that they function
properly during the entire construction period. All desilting traps/basins shall be cleaned
when filled to 10% of their capacity, and all silt barriers shall be cleaned when accumulated
sediment reaches six inches in depth. All areas planted with erosion-control vegetation shall
be monitored daily for vegetation establishment and erosion problems, and any repairs and/or
replacement of vegetation made promptly. Stabilization and structural controls shall be
inspected at least monthly and after every significant storm event, and shall be repaired or
maintained as needed to reduce sediment discharge. Access to these facilities shall be
maintained during wet weather.
3. Prior to issuance of a grading permit, a Notice of Intent shall be submitted to the State Water
Resources Control Board, and a Storm Water Pollution Prevention Plan (SWPPP) shall be
developed and implemented in compliance with the California General Construction Activity
Storm Water Permit of the NPDES. In addition, to the stabilization and structural controls
specified above, the SWPPP shall include, but shall not be limited to, the following BMPs;
a) Implement material and waste management programs during grading and
construction, including solid, sanitary, septic, hazardous, contaminated soil,
concrete and construction waste management, spill prevention, appropriate
material delivery and storage, employee training, dust control, and vehicle and
equipment cleaning, maintenance and fueling;
b) Implement routine procedures or practices after grading and construction to
reduce the amount of pollutants available for transport in the typical
rainfall/runoff process such as a material use control program including proper
storage and disposal practices for potential pollutants (e.g., motor oils and
antifreeze); prohibiting storage of uncovered hazardous substances in outdoor
areas; prohibiting the use of pesticides and herbicides listed by the
Environmental Protection Agency, and spill prevention/responses and
shipping/receiving practices.
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c) Install/maintain grease and oil traps or other filtration systems (e.g., fossil filters)
at all permanent storm drain inlets; and
d) Implement a monitoring program involving the following inspection and
maintenance procedures for all post-construction storm water pollution control
measures to ensure that they continue to function properly:
. If utilized onsite, permanent detention basins shall be cleaned when filled to
10% of their capacity;
. Drainage inlet filters shall be inspected and maintained at a frequency
appropriate to the type of filter system used;
. Landscaping sprinkler systems shall be maintained to prevent excess runoff
due to leaking or broken sprinkler heads;
. Drainage facilities shall be routinely inspected and repaired as needed; and
. Records shall be kept of all control measure implementation, inspection, and
maintenance.
4. Prior to issuance of a grading permit, all applicable short- and long-term stabilization (erosion
control) and structural (sediment control) measures and BMPs recommended by the
erosion/siltation control plan and SWPPP shall be shown on the face of final grading plans and/or
incorporated into contractor specifications prior to award of construction contracts, to the
satisfaction of the City ofChula Vista.
5. During and after grading and construction, random periodic field inspections shall be conducted
by the City or designated monitor to verify implementation of applicable stabilization and
structural controls and BMPs in accordance with approved plans and permits. If observed
conditions and/or grading/construction activities vary significantly from those documented in
approved plans and permits, such activities shall be halted temporarily or diverted away from
affected area(s) and the City notified immediately to determine appropriate mitigation.
6. Prior to issuance of a certificate of occupancy, the applicant, as applicable, shall provide evidence
to the City of Chula Vista that: I) a hazardous materials business plan has been prepared and
implemented in accordance with local, state, and federal regulations; and 2) all local, state, and
permit requirements to generate, use, store, and transport hazardous materials have been satisfied.
7. All subdivisions shall comply with Chula Vista Subdivision Manual Section 3-201.2(2) that
requires subdivisions to provide on-site storm detention facilities such that the post-development
flow rate for a given design storm does not exceed the pre-development flow rate at the outlet of
the subdivision. Preliminary hydrology studies shall demonstrate that runoff flow rate does not
increase as a result of development.
Significance After Mitigation:
There will be no significant cumulative drainage or water quality impacts with incorporation of the
recommended mitigation measures.
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B. TRAFFIC AND CIRCULATION
Impact:
The development of the cumulative projects in Table 10 of the EIR (page 174 to 175) would generate a
significant amount of traffic to the city roadway system.
Findings:
Pursuant to section 15091(a)(I) of the CEQA Guidelines, changes or alterations are required in, or
incorporated into, the project that will substantially lessen or avoid the significant effect as identified in
the EIR to a level of insignificance. Moreover, pursuant to Guidelines, ~ I 5091, subd. (a)(2) certain
changes or alterations may be within the responsibility and jurisdiction of another public agency and not
the agency making the Findings. Such changes have been adopted by such other agency or can and
should be adopted by such other agency.
Explanation:
The cumulative effect due to increased traffic could significantly impact city threshold levels of service
for intersections and roadways throughout the City, including the Added Territory. No specific
development projects have been submitted for formal consideration. For any of the projects that are
pending pre-submittal review by the City, those projects are too speculative and unspecified to allow for a
detailed environmental analysis at this time. An EIR need not attempt to predict future environmental
consequences when future development is unspecified and uncertain. Given the lack of an proposed
projects, predicting the likely environmental consequences of future unknown projects is too speculative
for further analysis. (Guidelines Section 15 I 45). Accordingly, once a specific project is proposed, it will
be analyzed to determine whether and to what extent the project, in conjunction with other approved and
planned project, cumulatively causes any significant impact to any street segment or intersection. In
cases where projects would impact the roadway system the City would require the project developer to
construct the roadway improvements necessary to provide acceptable levels of service to meet City
threshold requirements. The construction of roadway improvements required by the City to master plan
design standards would mitigate traffic and circulation impacts.
Mitigation Measure:
Although no specific cumulative traffic and circulation mitigation measures are listed in the Draft EIR,
the following measures will ensure that adequate transportation facilities are provided in conjunction with
the development of cumulative projects to serve future traffic. The recommended mitigation measures
are similar to those proposed for the Amendment, however, they have been revised accordingly to
specifically address cumulative projects. The following mitigation measures are feasible and are required
as a condition of approval and are made binding on the project proponent through these findings.
I. Prior to approval of projects that are anticipated to generate substantial traffic volumes based on
criteria in the February 13,2001 City ofChula Vista Guidelines for Traffic Impact Studies, a detailed
traffic study shall be approved by the City of Chula Vista. For projects that would generate 2,440 or
more ADT, or 200 or more peak-hour trips, the traffic study shall be prepared in accordance with the
GlIidelinesfor Congestion Management Program (SANDAG 1994). Based upon studies, mitigation
measures shall be implemented to reduce all traffic impacts to below the level of insignificance
established by the City. All City required traffic studies analyze both the project traffic as well as
potential cumulative project traffic impacts. Additionally, the latest SANDAG (San Diego
Association of Government) models are referenced when preparing traffic studies, which take into
Chula Vista Redevelopment Plan Amendment and Merger
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account land use and zoning designations. To the extent that the traffic study shows that an affected
intersection or roadway segment within the control of another governmental agency (such as
CalTrans or another city), the project proponent will be required to demonstrate to the City that they
have a determination from that governmental agency that the specific project, when combined with
other planned and approved projects will not cause a significant impact to the intersection or segment.
If such assurances cannot be obtained, the applicant shall be required to demonstrate that, have paid
their proportionate share of the cost to mitigate that impact unless subsequent environmental analysis
is conducted and a statement of overriding considerations is then adopted.
The traffic study may also address the following transportation/circulation issues, as appropriate and
determined by the City Engineer, or his designee: (1) in addition to geometric improvements (e.g.,
road widening, lane restriping, intersection reconfiguration), traffic flow improvements to reduce
congestion should include traffic signal installation, timing, and phasing; (2) bicycle and pedestrian
pathways should be developed, at a minimum to meet standards; and (3) the City of Chula Vista
should encourage the extension of public transit into areas not served by public transit, when feasible.
To further reduce traffic impacts, the following transportation demand management strategies (TDM)
shall be addressed in the traffic study for possible incorporation as conditions of subsequent permits
for future development:
. Promote the use of public transportation, including increased bus and trolley
service/usage and possible extension oflight rail transit service;
. Create park and ride lots;
. Provide bicycle storage facilities;
. Promote a ride sharing program; and
. Promote flexible work shifts from area businesses.
2. Prior to issuance of a certificate of occupancy for future development, construction of the circulation
system improvements identified in the recommended traffic study in Mitigation Measure I. above, if
required, shall be completed to the satisfaction of the City of Chula Vista and, when applicable,
CaItrans.
Significance After Mitigation:
There will be no significant cumulative traffic and circulation impacts with incorporation of the
recommended mitigation measures.
C. NOISE
Impact:
The short and long-term noise levels that can be expected from the development of the cumulative
projects in conjunction with projects that may occur in the Added Territory could be significant.
Findings:
Pursuant to section 15091(a)(I) of the CEQA Guidelines, changes or alterations are required in, or
incorporated into, the project that will substantially lessen or avoid the significant effect as identified in
the EIR to a level of insignificance
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Explanation:
The cumulative noise levels that would occur during construction of cumulative projects would certainly
increase the ambient noise level in the vicinity of each project. If there are several projects under
construction simultaneously in one area the ambient noise level could increase significantly. Although
the city has noise level criteria that must be met, the short-term cumulative noise impact could be
significant. The long-term ambient noise level could also increase due to additional noise from the
operation of cumulative projects. Additional traffic noise, operation of mechanical equipment and
activities associated with the daily operation of business will increase the ambient, or background noise
levels. The city has a noise ordinance that restricts interior and exterior noise levels. Although individual
projects will have to provide measures accordingly to meet the city's noise criteria, the ambient noise
level in the city could, and is expected to increase. No specific development projects have been submitted
for formal consideration. For any of the projects that are pending pre-submittal review by the City, those
projects are too speculative and unspecified to allow for a detailed environmental analysis at this time.
An EIR need not attempt to predict future environmental consequences when future development is
unspecified and uncertain. Given the lack of an proposed projects, predicting the likely environmental
consequences of future unknown projects is too speculative for further analysis. (Guidelines Section
15145). Accordingly, once a specific project is proposed, it will be analyzed to determine whether and to
what extent the project, in conjunction with other planned or approved projects, causes any significant
noise impacts.
Mitigation Measure:
Although no specific cumulative noise mitigation measures are listed in the Draft EIR, the following
measures will reduce potential cumulative noise impacts associated with the development of cumulative
projects. The recommended mitigation measures are similar to those proposed for the Amendment;
however, they have been revised accordingly to specifically address cumulative projects. The following
mitigation measures are feasible and are required as a condition of approval and are made binding on the
project proponent through these findings.
I. The City shall review all projects for compliance with the Noise Control Ordinance and the City's
CEQA significance threshold. If it is determined that a project could have significant noise
impacts, measures to reduce noise levels in compliance with the noise standards shall be
incorporated into the project, through the preparation of a noise analysis. Prior to issuance of a
certificate of occupancy, the required mitigation measures specified in the approved noise
analysis shall be constructed to the satisfaction of the City ofChula Vista.
2. Development activity shall comply with the applicable City of Chula Vista nuisance ordinance,
which limits construction activity to the weekday hours of 7 A.M. to 7 P.M. Items a) through e)
below shall also be shown on the face of final grading plans and/or incorporated into contractor
specifications as necessary prior to award of construction contracts, to the satisfaction of the City
of Chula Vista.
a) When siting stationary equipment such as generators and compressors, sensitive
receptors shall be sheltered from construction noise. This can be accomplished
using existing barriers such as ground elevation change and buildings, or
temporary barriers such as plywood walls or noise blankets.
b) Several loud operations should occur simultaneously to decrease the duration of
impacts resulting from each of the actions completed separately.
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c) When pile driving, alternative and less intrusive construction methods such as
vibration or hydraulic insertion should be used (as available) to lower noise
levels.
d) Each internal combustion engine used for project construction shall be equipped
with a muffler as required by Caltrans Standard Specifications 7-1.01 I, January
1988.
e) During grading and construction, random periodic field inspections shall be
conducted by the City or designated monitor to verify implementation of
applicable noise requirements.
Significance After Mitigation:
There will be no significant cumulative noise impacts with incorporation of the recommended mitigation
measures.
D. PUBLIC SERVICES AND UTILITIES
Impact:
The development of the cumulative projects in conjunction with future development III the Added
Territory would increase the demand on public services and utilities.
Findings:
Pursuant to section 15091(a)(I) of the CEQA Guidelines, changes or alterations are required in, or
incorporated into, the project that will substantially lessen or avoid the significant effect as identified in
the EIR to a level of insignificance. Moreover, pursuant to Guidelines, ~15091, subd. (a)(2) certain
changes or alterations are within the responsibility and jurisdiction of another public agency and not the
agency making the Findings. Such changes have been adopted by such other agency or can and should be
adopted by such other agency.
Explanation:
For those services and utilities that may be near their capacities, additional demand could significantly
impact the ability of the service or utility company to meet the demand. In the case of water and sewage
service, the city would require the project developer to construct the improvements necessary to serve the
project. In the case of services such as police, fire, and libraries the city collects impact fees that would
be used to provide additional personnel, facilities, and/or equipment to serve the project. School districts
require developers to pay school impact fees that are used to provide additional classroom space when
needed. Measures that are required by the city and the respective utility to reduce and mitigate impacts of
projects on public services and utilities will mitigate cumulative public service and utility impacts. No
specific development projects have been submitted for formal consideration. For any of the projects that
are pending pre-submittal review by the City, those projects are too speculative and unspecified to allow
for a detailed environmental analysis at this time. An EIR need not attempt to predict future
environmental consequences when future development is unspecified and uncertain. Given the lack of an
proposed projects, predicting the likely environmental consequences of future unknown projects is too
speculative for further analysis. (Guidelines Section 15145). Accordingly, once a specific project is
proposed, it will be analyzed to determine whether and to what extent the project, in conjunction with
other planned or approved projects, causes any significant impacts the aforementioned pubic services.
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Mitigation Measures:
Although no specific cumulative public service and utility mitigation measures are listed in the Draft EIR,
the following measures will reduce potential cumulative public service and utility impacts associated with
the development of cumulative projects. The recommended mitigation measures are similar to those
proposed for the Amendment, however, they have been revised accordingly to specifically address
cumulative projects. The following mitigation measures are feasible and are required as a condition of
approval and are made binding on the project proponent through these findings.
Water Service
I. Prior to the approval of utility plans for development or redevelopment projects, all water
plans shall be submitted to the Sweetwater Authority for their review to ensure that when the
impacts of the project are combined with other approved and planned projects, adequate
water service can continue to be provided.. No permits shall be issued to any development or
redevelopment project unless the Sweetwater Authority determines that the project will not
have a cumulative impact on the provision of water or the developer has paid its
proportionate fair share of the cost of improvements necessary to reduce the impacts to a
level of insignificance.
2. The City shall require the incorporation of all state mandated water conservation measures as
well as all applicable water conservation required by the City of Chula Vista Growth
Management Ordinance.
Police Service
3. Prior to the approval of a project, the developer shall pay impact fees for police protection
services to help finance the needed facilities and services
4. The City shall monitor Police Department responses to emergency calls and report the results
to the GMOC on an annual basis.
Fire Protection
5. Prior to approval of plans for individual projects, the City of Chula Vista Fire Department
shall review the project plans and building design and include plan modifications, if
necessary, to ensure compliance with all applicable fire code requirements and properly
equipped and staffed fire and medical units respond to calls throughout the City within seven
minutes in 85 percent of the calls. The applicant shall be required to incorporate all
recommended changes into the project prior to the issuance of permits.
School Facilities
6. Prior to the issuance of building permits, the project applicant shall pay school impact fees or
participate in an alternative financing mechanism to help finance the needed facilities and
services for the Chula Vista Elementary and the Sweetwater Union High School Districts to
the satisfaction of the School Districts.
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Sewage Services
7. All private development projects shall be reviewed by both the City of Chula Vista and [and
the San Diego Metropolitan Sewer Authority?] at the time the project is submitted for
approval to make sure that the project, in conjunction with all other planned and approved
projects, does not cause a significant impact on sewer collection facilities. If it is determined
the existing sewer collection facilities are not adequate to serve the project in conjunction
with all other planned and approved projects, the project developer shall pay it proportionate
fair share ofthe cost ofthe necessary improvements.
Librarv
8. All development, as applicable shall pay the impact fee necessary to finance the needed
library facilities for compliance with the City of Chula Vista's Quality of Life Threshold
Standard for library facilities.
Gas and Electricitv
9. The City shall require the construction, installation, or modification of existing facilities,
which are necessary to provide adequate gas and electricity to the project.
Significance After Mitigation:
There will be no significant cumulative public serVIce and utility impacts with incorporation of the
recommended mitigation measures.
E. POPULA nON AND HOUSING
Impact:
The population and the number of housing units will increase in Chula Vista with development of the
cumulative projects.
Findings:
Pursuant to section 15091(a)(l) of the CEQA Guidelines, changes or alterations are required in, or
incorporated into, the project that will substantially lessen or avoid the significant effect as identified in
the EIR to a level of insignificance.
Explanation:
The Amendment will allow the Agency to use a percentage of tax increment revenue to provide, upgrade,
improve and construct low and moderate income housing as well as participate with developers to provide
other types of housing. The cumulative impact with the development of the projects in Table 6 and
residential units that may be developed in the Added Territory could result in a significant increase in the
population and number of housing units in Chula Vista. Although residential development must be
consistent with the general plan, additional residential development could have a significant impact on the
population of Chula Vista. As the population increases the city may have revise their future population
estimates to account for any increase.
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Mitigation Measures:
Although no specific cumulative public service and utility mitigation measures are listed in the Draft EIR,
the following measure will reduce potential cumulative population and housing impacts associated with
the development of cumulative projects. The following mitigation measure is feasible and is required as a
condition of approval and is made binding on the project proponent through these findings.
I. The City shall review all projects for consistency with the City's Housing Element.
Significance After Mitigation:
There will be no significant cumulative housing impacts with incorporation of the recommended
mitigation measure.
F. RECREATION
Impact:
The development of the cumulative residential projects in conjunction with development that is
anticipated to occur in the Amended Territory will increase the demand for recreational facilities,
including parks, bicycle trails, and other recreational activities.
Findings:
Pursuant to section 15091(a)(I) of the CEQA Guidelines, changes or alterations are required in, or
incorporated into, the project that will substantially lessen or avoid the significant effect as identified in
the EIR to a level of insignificance.
Explanation:
The city requires developers to provide parkland or pay fees to provide parkland to serve residents. The
use of developer fees or development of dedicated parkland will meet the recreational needs of city
residents. Although the city requires developer fees to provide parkland, additional parkland beyond that
provided by developers may be necessary resulting in a significant impact.
Mitigation Measures:
Although no specific cumulative recreation mitigation measures are listed in the Draft EIR, the following
measure will reduce potential cumulative recreation impacts associated with the development of
cumulative projects. The recommended mitigation measure is the same measure proposed for the
Amendments because it is applicable as suitable mitigation for cumulative projects. The following
mitigation measure is feasible and is required as a condition of approval and is made binding on the
project proponent through these findings.
I. Prior to the issuance of building permits the developer shall pay all applicable Park Acquisition
and Development (PAD) fees.
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Significance After Mitigation:
There will be no significant cumulative recreation impacts with incorporation of the recommended
mitigation measure.
XI. FEASIBILITY OF POTENTIAL PROJECT ALTERNATIVES
Because the project will cause some significant environmental effects, as outlined above, the Agency
must consider the feasibility of any environmentally superior alternative to the project as finally
approved. The Agency must evaluate whether one or more of these alternatives could avoid or
substantially lessen the significant environmental effects. Where, as in this project, no significant
environmental effects remain after application of all feasible mitigation measures identified in the EIR,
the decision makers must still evaluate the project alternatives identified in the EIR. Under these
circumstances, CEQA requires findings on the feasibility of project alternatives.
In general, in preparing and adopting findings, a lead agency need not necessarily address feasibility
when contemplating the approval of a project with significant impacts. Where the significant impacts can
be mitigated to an acceptable (insignificant) level solely by the adoption of mitigation measures, the
agency, in drafting its findings, has no obligation to consider the feasibility of environmentally superior
alternatives, even if their impacts would be less severe than those of the projects as mitigated (Laurel
Heights Improvement Association v. Regents of the University of California (1988) 47 Cal.3d 376 [253
Cal.Rptr. 426]; Laurel Hills Homeowners Association v. City Council (1978) 83 Cal.App.3d 515 [147
Cal.Rptr. 842]; Kings County Farm Bureau v. City of Hanford (1990) 221 CaI.App.3d 692 [270 Cal.Rptr.
650]). Accordingly, for this project, in adopting the findings concerning project alternatives, the Agency
considers only those environmental impacts that, for the finally approved projects, are significant and
cannot be avoided or substantially lessened through mitigation.
If project alternatives are feasible, the decision makers must adopt a Statement of Overriding
Considerations with regard to the project. If there is a feasible alternative to the project, the decision
makers must decide whether it is environmentally superior to the project. Proposed project alternatives
considered must be ones that "could feasibly attain the basic objectives of the project." However, the
CEQA Guidelines also require an EIR to examine alternatives "capable of eliminating" environmental
effects even if these alternatives "would impede to some degree the attainment of the project objectives"
(CEQA Guidelines, section 15126).
The Agency has properly considered and reasonably rejected project alternatives as "infeasible" pursuant
to CEQA. CEQA provides the following definition of the term "feasible" as it applies to the findings
requirement: "feasible means capable of being accomplished in a successful manner within a reasonable
period of time, taking into account economic, environmental, social, and technological factors" (Pub.
Resources Code, section 21061.1). The CEQA Guidelines provide a broader definition of "feasibility"
that also encompasses "legal" factors. CEQA Guidelines section 15364 states, "the lack of legal powers
of an agency to use in imposing an alternative or mitigation measure may be as great a limitation as any
economic, environmental, socia], or technological factor" (see also Citizens of Goleta Valley v. Board of
Supervisors (1990) 52 Cal.3d 553, 565 [276 Cal.RptrAI 0]).
Accordingly, "feasibility" is a term of art under CEQA and thus may not be afforded a different meaning
as may be provided by Webster's dictionary or any other sources. Moreover, Public Resources Code
section 21081 governs the "findings" requirement under CEQA with regard to the feasibility of
alternatives. Specifically, no public agency shall approve or carry out a project for which an
environmental impact report has been certified which identifies one or more significant effects on the
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Significance After Mitigation:
There will be no significant cumulative recreation impacts with incorporation of the recommended
mitigation measure.
XI. FEASIBILITY OF POTENTIAL PROJECT ALTERNATIVES
Because the project will cause some significant environmental effects, as outlined above, the Agency
must consider the feasibility of any environmentally superior alternative to the project as finally
approved. The Agency must evaluate whether one or more of these alternatives could avoid or
substantially lessen the significant environmental effects. Where, as in this project, no significant
environmental effects remain after application of all feasible mitigation measures identified in the EIR,
the decision makers must still evaluate the project alternatives identified in the EIR. Under these
circumstances, CEQA requires findings on the feasibility of project alternatives.
In general, in preparing and adopting findings, a lead agency need not necessarily address feasibility
when contemplating the approval of a project with significant impacts. Where the significant impacts can
be mitigated to an acceptable (insignificant) level solely by the adoption of mitigation measures, the
agency, in drafting its findings, has no obligation to consider the feasibility of environmentally superior
alternatives, even if their impacts would be less severe than those of the projects as mitigated (Laurel
Heights Improvement Association v. Regents of the University of California (1988) 47 Ca1.3d 376 [253
Cal.Rptr. 426]; Laurel Hills Homeowners Association v. City Council (1978) 83 CaI.App.3d 515 [147
Cal.Rptr. 842]: Kings County Farm Bureau v. City of Hanford (1990) 221 Cal.App.3d 692 [270 Cal.Rptr.
650]). Accordingly, for this project, in adopting the findings concerning project alternatives, the Agency
considers only those environmental impacts that, for the finally approved projects, are significant and
cannot be avoided or substantially lessened through mitigation.
If project alternatives are feasible, the decision makers must adopt a Statement of Overriding
Considerations with regard to the project. If there is a feasible alternative to the project, the decision
makers must decide whether it is environmentally superior to the project. Proposed project alternatives
considered must be ones that "could feasibly attain the basic objectives of the project." However, the
CEQA Guidelines also require an EIR to examine alternatives "capable of eliminating" environmental
effects even if these alternatives "would impede to some degree the attainment of the project objectives"
(CEQA Guidelines, section 15126).
The Agency has properly considered and reasonably rejected project alternatives as "infeasible" pursuant
to CEQA. CEQA provides the following definition of the term "feasible" as it applies to the findings
requirement: "feasible means capable of being accomplished in a successful manner within a reasonable
period of time, taking into account economic, environmental, social, and technological factors" (Pub.
Resources Code, section 2 I 06 1.1). The CEQA Guidelines provide a broader definition of "feasibility"
that also encompasses "legal" factors. CEQA Guidelines section 15364 states, "the lack of legal powers
of an agency to use in imposing an alternative or mitigation measure may be as great a limitation as any
economic, environmental, social, or technological factor" (see also Citizens of Goleta Valley v. Board of
Supervisors (1990) 52 Ca1.3d 553, 565 [276 CaI.RptrAI0]).
Accordingly, "feasibility" is a term of art under CEQA and thus may not be afforded a different meaning
as may be provided by Webster's dictionary or any other sources. Moreover, Public Resources Code
section 2108 I governs the "findings" requirement under CEQA with regard to the feasibility of
alternatives. Specifically, no public agency shall approve or carry out a project for which an
environmental impact report has been certified which identifies one or more significant effects on the
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environment that would occur if the project is approved or carried out unless the public agency makes one
or more of the following findings:
I. "Changes or alternations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the final EIR" (CEQA Guidelines,
section 15091, subd. (a)(l)).
2. "Such changes or alterations are within the responsibility and jurisdiction of another public agency and
not the agency making the Findings. Such changes have been adopted by such other agency or can and
should be adopted by such other agency" (CEQA Guidelines, section 15091, subd. (a)(3)).
3. "Specific economic, legal, social, technological, or other considerations, including provIsIOns of
employment opportunities for highly trained workers, make infeasible the mitigation measures or project
alternatives identified in the final EIR" (CEQA Guidelines, section 15091, subd. (a)(3)).
The concept of "feasibility" also encompasses the question of whether a particular alternative or
mitigation measure promotes the underlying goals and objectives of a project (City of Del Mar v. City of
San Diego (1982) 133 Cal.App.3d 410, 417 [183 Cal. Rptr. 898]). "'[F]easibility' under CEQA
encompasses 'desirability' to the extent that desirability is based on a reasonable balancing of the relevant
economic, environmental, social, and technological factors" (Ibid.; see also Sequoyah Hills Homeowners
Assn. v. City of Oakland (1993) 23 Cal.AppAth 704, 715 [29 Cal.Rptr.2d 182]).
These findings contrast and compare the alternatives where appropriate in order to demonstrate that the
selection of the finally approved project, while still resulting in significant environmental impacts, has
substantial environmental, planning, fiscal, and other benefits. In rejecting certain alternatives, the
decision makers have examined the finally approved project objectives and weighed the ability of the
various alternatives to meet objectives. The decision makers believe that the Amendment best meet the
finally approved project objectives with the least environmental impact.
The detailed discussion in Section IX and Section X demonstrate that all environmental effects of the
project have been either substantially lessened or avoided through the imposition of existing policies or
regulations or by the adoption of additional, formal mitigation measures recommended in the EIR. No
unmitigated impacts remain.
Thus, the Agency can fully satisfy its CEQA obligations by determining whether any alternatives
identified in the EIR are both feasible and environmentally superior with respect to the impacts listed
above (Laurel Hills, supra, 83 Cal.App.3d at 519-527 [147 Cal. Rptr842]; Kings County Farm Bureau v.
City of Hanford (1990) 221 Cal.App.3d 692, 730-73 I [270 Cal. Rptr. 650]; and Laurel Heights
Improvement Association v. Regents of the University of California (1988) 47 Cal.3d 376, 400-403 [253
Cal. Rptr. 426]). As the following discussion will show, no identified alternative qualifies as both
feasible and environmentally superior with respect to the unmitigated impacts.
The City's review of project alternatives is guided primarily by the need to reduce potential impacts
associated with the Amendment, while still achieving the basic objectives of the project. Here, the
Agency's primary objective is to comprehensively plan, coordinate, and implement development over a
large area. More specific objectives include those previously listed in Section III.
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A. NO PROJECT ALTERNATIVE
Section 15126, subdivision (e), of the CEQA Guidelines requires the evaluation of the "No Project"
alternative. The No Project alternative assumes the existing project areas would not be merged and the
Added Territory would not be added to the Merged Chula Vista Redevelopment Project Area.
The No Project alternative will preclude the Agency from adopting the Amendment, eliminating the
opportunities and abilities for the Agency to assist with the removal and/or upgrading of blighted
properties in the Added Territory. Since some blighted properties in the Added Territory have been slow
to be redeveloped on their own, the trend for the slow improvement of the properties would likely
continue under the this alternative. The opportunity for the Agency to participate with a property owner,
or developer, in the rehabilitation and/or demolition of the blighted properties will not be available with
the No Project alternative.
This project alternative will prevent the Agency from capturing additional tax increment from the Added
Territory over the life of the plan. The tax increment from the Added Territory could be used by the
Agency to upgrade and improve blighted conditions, including the construction of needed public
improvements.
The Agency is required by law to set aside at least 20% of the tax increment revenue from the Added
Territory into a fund to provide, preserve and construct low and moderate income housing. The
additional tax increment would allow the Agency the opportunity to provide additional revenue to provide
additional low and moderate-income housing. The No Project alternative could prevent the Agency from
assisting Chula Vista to provide more low- and moderate-income housing.
The No Project alternative would reduce the ability of the Agency to upgrade and improve blighted
properties in the Added Territory. There are numerous properties that need financial assistance in order
to be redeveloped. The No Project alternative will prevent the Agency from assisting with the
redevelopment of key properties that could provide jobs and increase the economic viability of Chula
Vista.
The No Project alternative does not totally eliminate the significant environmental impacts of the
Amendments because property can still be developed as allowed by the General Plan, whether the
property is in a redevelopment project area or not. The No Project alternative would not accomplish the
goals and objectives of the proposed Amendments.
Findings:
1. The No Project alternative would not meet the project objectives listed III Section 3.5, Project
Objective, on page 40 of the EIR.
2. The No Project alternative would not eliminate the significant environmental impacts indirectly
associated with future development in the Added Territory.
3. The No Project alternative will preclude the Agency from adopting the Amendment, eliminating the
opportunities and abilities for the Agency to assist with the removal and/or upgrading of blighted
properties in the Added Territory.
4. This project alternative will prevent the Agency from capturing additional tax increment from the
Added Territory, which could be used to upgrade and improve blighted conditions, including
construction of needed public improvements.
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5. The No Project alternative could prevent the Agency from assisting the city to provide more low- and
moderate-income housing.
B. ALTERNATIVE TWO - MODIFIED PROJECT AREA
The proposed Amendment includes adding approximately 494 acres to be included with the Merged
Town Centre II, Otay Valley and Southwest redevelopment plans. The Added Territory would increase
the amount of property in the redevelopment project areas. This alternative evaluates eliminating some of
the proposed added territory.
The elimination of property from the Added Territory would not necessarily reduce or eliminate
significant environmental effects that may occur by development specifically because the property is
located in a redevelopment area. Project impacts, if applicable, will occur whether the project is in a
redevelopment area or not. The removal of property from a redevelopment project area would eliminate
the ability for the Agency to assist with its redevelopment. The environmental impacts associated with
development of a property would exist whether the property is in a redevelopment area or not. Therefore,
eliminating territory from a redevelopment area would not eliminate environmental impacts.
The removal of property from a redevelopment project area could delay development of the property.
Because some of the property in the Added Territory has not been able to be redeveloped by the private
sector acting alone, its removal could further delay development.
The removal of property could have an economic impact on the success of the redevelopment plan by
eliminating tax increment that would be generated from the development of the property. The loss of ta.x
increment would reduce the amount of revenue the Agency has available throughout the life to use
towards removing blight.
Findings:
I. The Modified Project Area Alternative would not reduce or eliminate any significant environmental
effects that may occur due to development specifically because the property is located in a
redevelopment area.
2. The removal of property from a redevelopment project area could delay the development of the
property.
3. The Modified Project Area Alternative could result in an economic impact on the success of the
redevelopment plan by eliminating tax increment that would be generated from the development of
the property in the project area.
C. AI. TERNA TIVE THREE - NO EMINENT DOMAIN
This project alternative would eliminate the use of eminent domain. Although it is the intent of the
Agency not to use eminent domain, there may be situations where its use is necessary to acquire property,
or assemble parcels to complete a large project. The elimination of the use of eminent domain to
assemble parcels could prevent development and opportunities to eliminate blight and improve the
economic viability of the community.
The unavailability of the use of eminent domain by the Agency mayor may not eliminate environmental
impacts. On the one hand the private sector could still build projects, however they would have to acquire
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and, if necessary, assemble properties on their own without Agency assistance. If properties are
assembled and developed without the use of eminent domain the environmental issues would exist
independently of the use of eminent domain. Thus, the lack or unavailability of eminent domain would
not eliminate the environmental impacts associated with future development. In a situation when a
project doesn't move forward because the private sector could not purchase properties through
negotiations with the landowner, the lack of the ability to use eminent domain to acquire property would
eliminate the impacts that may have been associated with the project.
Private projects may move forward at a slower pace, or not at all without eminent domain. In this case,
the environmental impacts associated with a specific project would be eliminated, if the project is not
constructed.
This alternative could reduce the effectiveness of the Agency to eliminate blight, which is an objective of
the Amendment. This alternative mayor may not eliminate environmental impacts depending upon
whether or not the private section is able to obtain and assemble parcels for development without Agency
assistance.
Findings:
1. The No Eminent Domain alternative would prevent the Agency from uSlllg eminent domain to
acquire property for development.
2. The elimination of the use of eminent domain could prevent development and opportunities to
eliminate blight and improve the economic viability of the community.
3. The unavailability of eminent domain mayor may not eliminate environmental impacts.
D. PROJECT ALTERNATIVE SUMMARY
The project alternatives addressed in this EIR would not eliminate the indirect adverse environmental
impacts that could occur with adoption of the Amendments. Property can be developed according to the
Chula Vista General Plan EIR whether it is in the Added Territory or not. Any impacts due to that
development would occur independently of being in a redevelopment project area. The only real
alternative that would eliminate all significant environmental effects would be no development at all,
which is not feasible. Development will occur whether properties are in a redevelopment area or not.
XII. FINDINGS OF FACT
In summary, none of the Project Alternatives will completely eliminate any significant environmental
impacts that have been identified with the adoption and implementation of the Amendment. For these
reasons, the Agency concludes that the No Project, Modified Project Area, and No Eminent Domain
alternatives are not feasible (see City of Del Mar, supra, 133 Cal.App3d at 417; Sequoyah Hills, supa, 23
Cal.AppAth at 715).
Chula Vista Redevelopment Plan Amendment and Merger
Findings of Fact
C )l
, I
January 2004
Page 56
k)</,t,h,"r j5
11.0 MITIGATION MONITORING AND REPORTING PROGRAM
The analysis in Section 4, Environmental Impact Analysis, of the Draft Program EIR for the
Redevelopment Plan Amendment (Merged ChuIa Vista Redevelopment Plan) indicates that potentially
significant environmental impacts may occur with the adoption and implementation of the Amendment
and future development in the Added Territory (494 acres). A number of mitigation measures are
recommended for the identified significant impacts under each environmental issue area under
consideration. The City of Chula Vista would choose to adopt these mitigation measures for the
development of future public improvement and private projects that are anticipated to be constructed in
the Added Territory with the adoption and implementation of the Amendment at the time, and if, the City
determines to certify the Final EIR.
Section 21081.6 of the Public Resources Code requires a public agency to adopt a monitoring and
reporting program for assessing and ensuring the implementation of required mitigation measures applied
to proposed developments. Specific reporting and/or monitoring requirements that will be enforced
during development of public and private projects in the future in the Added Territory shall be adopted
coincidental to final approval of the Amendment by the Lead Agency. In addition, pursuant to Section
21081(a) of the Public Resources Code, findings must be adopted by the Lead Agency regarding the
adoption of the monitoring program, coincidental to certification of the Final Program EIR.
In accordance with Public Resources Code Section 21081.6, this Mitigation Monitoring and Reporting
Program (MMRP) has been developed for the proposed Redevelopment Plan Amendment (Merged Chula
Vista Redevelopment Plan) project. The purpose of the MMRP is to ensure that implementation of
public and private development in the Added Territory complies with all applicable environmental
mitigation and permit requirements. The MMRP for the public and private development that is
anticipated to occur with the adoption and implementation of the Amendment designates the City of
ChuIa Vista as responsible for the implementation of mitigation measures, with the City Planning and
Building Departments as responsible for verification for mitigation compliance, review of all monitoring
reports, enforcement actions, and document disposition.
This mitigation monitoring and reporting program shall be considered by the City of ChuIa Vista, prior to
completion of the environmental review process, to enable the Lead Agency's appropriate response to the
proposed Amendment. In addition, the following language shall be incorporated as part of the decision-
maker's findings of fact, and in compliance with requirements of the Public Resources Code.
In accordance with the requirements of Section 21081(a) and 21081.6 of the Public Resources Code, the City
ofChula Vista will need to make the following additional fmdings:
. Site plans and/or building plans, submitted for approval by the responsible monitoring
agency, shall include required mitigation measures/conditions; and
. That an accountable enforcement agency and monitoring agency shall be identified
for mitigation measures/conditions adopted as part of the decision-maker's final
determination.
Chula Vista Redevelopment Plan Amendment and Merger
Program EIR
7\
January 2004
Page 195
11.1 MITIGATION MEASURES
As indicated earlier, future public and private development that is anticipated to occur with the adoption
and implementation of the Amendment would be subject to standard conditions, which include existing
City, County, State and Federal regulations. Mitigation measures have been recommended to reduce or
avoid the potentially significant impacts associated with public and private development in the Added
Territory. The mitigation measures are listed below. Table 12, Mitigation Monitoring and Reporting
Program for the RedeveJopment Plan Amendment (Merged ChuIa Vista Redevelopment Plan), identifies
the measures required for the project. Responsible parties, the time frame for implementation, and the
monitoring parties are also identified for each mitigation measure. In order to determine if the mitigation
measures have been implemented, the method of verification is also identified, along with the City
department or agency responsible for monitoring/verifying that the mitigation measure has been
implemented.
Chula Vista Redevelopment Plan Amendment and Merger
Program EIR
_71
(j1
January 2004
Page 196
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rlTtJ/C./l fi] If7I-,,-,i 2....
RESOLUTION NO.
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA MAKING ITS REPORT AND RECOMMENDATION ON
THE 2004 AMENDED AND RESTATED REDEVELOPMENT PLAN FOR
THE MERGED CHULA VISTA REDEVELOPMENT PROJECT
WHEREAS, on August 15, 1978, the City Council of the City of Chula Vista ("City
Council") adopted Ordinance No. 1827 approving a redevelopment plan for the Town Centre II
Redevelopment Project and has subsequently amended said redevelopment plan on May 19, 1987
by Ordinance No. 2207, on July 19, 1988 by Ordinance No. 2274, on November 8, 1994 by
Ordinance No. 2610, and on August 22, 2000 by Ordinance No. 2817 ("Town Centre II Plan"); and
WHEREAS, on December 29, 1983, the City Council adopted Ordinance No. 2059
approving a redevelopment plan for the Otay Valley Road Redevelopment Project and has
subsequently amended said redevelopment plan on November 8, 1994 by Ordinance No. 2611 and
on August 22, 2000 by Ordinance No. 2818 ("Otay V alley Plan"); and
WHEREAS, on November 27, 1990, the City Council adopted Ordinance No. 2420
approving a redevelopment plan for the Southwest Redevelopment Project and has subsequently
amended said redevelopment plan on July 9,1991 by Ordinance No. 2467, on November 8, 1994
by Ordinance No. 2612, and on August 22, 2000 by Ordinance No. 2819 ("Southwest Plan"); and
WHEREAS, by Ordinance No. 2819, the Town Centre II Plan, Otay Valley Plan, and
Southwest Plan were merged to establish the Merged Chula Vista Redevelopment Plan to facilitate
the sharing of financial resources pursuant to Sections 33485 through 33489 of the California
Community Redevelopment Law, Health and Safety Code Section 33000 et seq. ("Law"); and
WHEREAS, the Redevelopment Agency of the City of Chula Vista ("Agency") desires to
amend the Merged Chula Vista Redevelopment Plan to consolidate the constituent redevelopment
plans into a single redevelopment plan document, add property to the Merged Chula Vista
Redevelopment Project Area boundaries, and, subject to certain limitations, extend eminent domain
authority in the Town Centre II and Otay Valley constituent project areas ("2004 Amendment");
and
WHEREAS, on January 13,2004, the City Council adopted Ordinance No. 2947 amending
the Merged Chula Vista Redevelopment Plan to eliminate the time limit on incurring indebtedness,
pursuant to Senate Bill 211 codified in Health and Safety Code Section 33333.6(e)(2)(B); and
WHEREAS, on February 3,2004, the City Council adopted Ordinance No. 2949 amending
the Merged Chula Vista Redevelopment Plan to extend the duration of the plan's effectiveness and
time limit to collect tax increment revenue by one year, pursuant to Senate Bill 1045 codified in
Health and Safety Code Section 33333.6(e)(2)(C); and
WHEREAS, Section 33346 of the Law provides that before the proposed 2004
Amendment is submitted to the City Council for consideration, it shall be first submitted to the
J\COMT\1DEV\TAPIA\rw.leds\B'g: >\mendmenlIPC Reso un Redev Plan - Feb 25 ().:j doc
1'0
Planning Commission for its report and recommendation concerning the 2004 Amendment and
its conformity to the City's General Plan; and,
WHEREAS, Section 65402 of the Government Code provides in part:
(a) "If a general plan or part thereof has been adopted, no real property shall be
acquired by dedication or otherwise for street, square, park, or other public
purposes, and no real property shall be disposed of, no street shall be vacated or
abandoned, and no public building shall be constructed or authorized, if the
adopted general plan or part thereof applies thereto, until the location, purpose and
extent of such acquisition or disposition, such street vacation or abandonment, or
such public building or structure have been submitted to and reported upon by the
planning agency as to conformity with said adopted general plan or part thereof. . .
(b) A local agency shall not acquire real property for any of the purposes specified in
paragraph (a) nor dispose of any real property, nor construct or authorize a public
building or structure, in any county or city, if such county or city has adopted a
general plan or part thereof is applicable thereto, until the location, purpose and
extent of such acquisition, disposition, or such public building or structure have
been submitted to and reported upon by the planning agency having jurisdiction,
as to conformity with said adopted general plan or part thereof..."; and,
WHEREAS, the Planning Commission has received and reviewed the 2004 Amendment
in the form attached hereto as Exhibit "A"; and,
WHEREAS, the boundaries of the Merged Chula Vista Redevelopment Project Area
("Project Area") incorporate territories within the jurisdiction of the City of Chula Vista General
Plan; and,
WHEREAS, the 2004 Amended and Restated Redevelopment Plan for the Merged Chula
Vista Redevelopment Project, proposes land use controls, permitted uses, public uses, interim
uses, and general land use controls and limitations, in a manner consistent with applicable City
General Plan policies as follows:
I. Section 518 of the Amended and Restated Plan provides that public improvements
to be undertaken by the Agency are identified in the General Plan and capital
improvement programs, and incorporates said documents by reference; and,
2. Section 528 of the Amended and Restated Plan provides that all development,
whether public or private, must conform to this Plan and all applicable federal,
State, and local laws, including without limitation the General Plan, zoning
ordinance, and all other state and local building codes, guidelines, or specific
plans as they now exist or are hereafter amended; and,
3. Section 529 of the Amended and Restated Plan provides that all real property
sold, leased or conveyed by the Agency, as well as property subject to Owner
Participation Agreements between the Agency and property owners, shall be made
subject to the provisions of the General Plan, zoning ordinance, and all other state
J \('OM"MDEv\TAP1AIPw.I"ds\B,g AmendmcntIPC Reso on Rcdcy Plan -\"cb 2'i 04 doc
q7
and local building codes, guidelines, or specific plans as they now exist or are
hereafter amended; and,
4. Section 601 of the Amended and Restated Plan provides that the land uses
permitted by this Plan shall be those pennitted by the General Plan, zoning
ordinance, and all other state and local building codes, guidelines, or specific
plans as they now exist or are hereafter amended; and,
5. Section 603 of the Amended and Restated Plan provides that the street system in
the Project Area shall be developed in accordance with the General Plan, zoning
ordinance, and all other state and local building codes, guidelines, or specific
plans as they now exist or are hereafter amended; and,
6. Section 606 of the Amended and Restated Plan provides that any interim uses
shall conform to the General Plan, zoning ordinance, and all other state and local
building codes, guidelines or specific plans as they now exist or are hereafter
amended; and,
7. Section 607 of the Amended and Restated Plan provides that no real property
shall be developed, redeveloped, rehabilitated, or otherwise changed after the date
of the adoption of this Plan except in confonnance with the goals and provisions
of this Plan and the regulations and requirements of the General Plan, zoning
ordinance, and all other state and local building codes, guidelines, or specific
plans as they now exist or are hereafter amended; and,
8. Section 608 of the Amended and Restated Plan also provides that the type, size,
height, number, and use of buildings in the Project Area will be controlled by the
General Plan, zoning ordinance, and all other state and local building codes,
guidelines, or specific plans as they now exist or are hereafter amended; and,
9. Section 610 of the Amended and Restated Plan provides that the number of
dwelling units in the Project Area shall be regulated by the General Plan; and,
10. Section 611 of the Amended and Restated Plan provides that the amount of open
space in the Project Area is to be the areas so designated by the General Plan,
zoning ordinance, and all other state and local building codes, guidelines, or
specific plans as they now exist or are hereafter amended.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Chula Vista hereby:
1. Reports, finds, and detennines that the 2004 Amended and Restated Redevelopment
Plan for the Merged Chula Vista Redevelopment Project confonns to the City of
Chula Vista General Plan.
2. The Planning Commission hereby recommends that the City Council and Agency
adopt the 2004 Amended and Restated Redevelopment Plan for the Merged Chula
Vista Redevelopment Project.
3. The Planning Commission hereby finds and detennines, pursuant to Section 65402
of the Government Code, that the location, purpose, and extent of any acquisition or
J \COMMDE\ ",T APIAIProyx"!s\BJg Amendmen1\PC Rcso on Rcdev Plan !'eb 2~ 04 doc
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disposition of real property for street, square, park, or other public purpose by the
Agency for the purpose of carrying out the Amended and Restated Redevelopment
Plan conforms to the General Plan of the City.
4. The Planning Commission hereby authorizes and directs the officers, employees,
staff, consultants, and attorneys for the Planning Commission to take any and all
actions that may be necessary to effectuate the purposes of this resolution or which
are appropriate or desirable in the circumstances. In the event that prior to the
adoption of the Amended and Restated Redevelopment Plan, the Agency or City
Council desire to make any minor, technical, or clarifying changes to the Amended
and Restated Redevelopment Plan, the Planning Commission hereby finds and
determines that any such minor, technical, or clarifying changes need not be referred
to it for further report and recommendation.
5. This Resolution shall constitute the report and recommendation of the Planning
Commission on the 2004 Amendment to the Agency and City COIll1cil pursuant to
Scction 33346 ofthe Law
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY
OF CHULA VISTA, CALIFORNIA, this 25th of February, 2004 by the following vote to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Steve Castaneda, Chairman
Diana Vargas
Secretary to Planning Commission
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Merged Chula Vista Redevelopment Project
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Plan
January 27,2004
RedevelopmentAgency of the City of Chula Vista
276 Fourth Avenue
Chula VIS1:a, California 91910
Rosenow Spevacek Group, Inc.
217 N. Main Street, Suite 300
Santa Ana, California 92701-4822
Phone: (714) 541-4585
Fax: (714) 836-1748
E-Mail: info@webrsg.com
ID()
Amended and Restated Redevelopment Plan
Merged Chula Vista Redevelopment Project
Table of Contents
SECTION I (100) INTRODUCTION ............................................1
SECTION II (200) GENERAL DEFINITIONS ..............................2
SECTION III (300)
PROJECT AREA BOUNDARIES................4
SECTION IV (400) REDEVELOPMENT PLAN GOALS ................4
2003 Amendment Constituent Area..............................................................4
Otay Valley Constituent Area ........................................................................5
Original and Amended Southwest Constituent Areas................................7
Original and Amended Town Centre II Constituent Area ...........................8
SECTION V (500) REDEVELOPMENT PLAN ACTIONS..............9
(501) General..........................................................................................9
(502) Property Acquisition ..................................................................1 0
(505) Participation by Owners and Persons Engaged in Business12
(509) Implementing Rules ...................................................................14
(510) Cooperation with Public Bodies...............................................14
(511) Property Management ...............................................................15
(512) Payments to Taxing Agencies..................................................15
(513) Relocation of Persons Displaced by a Project .......................15
(516) Demolition, Clearance, Public Improvements, Site
Preparation and Removal of Hazardous Waste......................16
(521) Rehabilitation, Moving of Structures by the Agency and
Seismic Repairs .........................................................................17
(526) Property Disposition and Development ..................................19
(534) Low- and Moderate-Income Housing.......................................23
J.\COMMDEV\TAPIA\PROJECTSIBIG AMENDMENTlAMENDED RESTATED REDEVELOPMENT PLAN MERGED AREA - JAN 27 04.DOC
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AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED CHULA VISTA REDEVELOPMENT PROJECT
SECTION VI (600) USES PERMITTED IN THE PROJECT AREA23
(601) Maps and Uses Permitted .........................................................23
(602) Public Uses .................................................................................24
(605) Nonconforming Uses.................................................................24
(606) Interim Uses................................................................................25
(607) General Control and Limitations ..............................................25
(617) Design for Development............................................................27
(618) Building Permits.........................................................................28
SECTION VII (700) METHODS FOR FINANCING THE PROJECT28
(701) General Description ofthe Proposed Financing Methods....28
(702) Tax Increment Revenue.............................................................29
(703) Agency Bonds ............................................................................30
(704) Other Loans and Grants............................................................31
(705) Rehabilitation Loans, Grants, and Rebates ............................31
SECTION VIII (800) ACTIONS BY THE CITY ...........................31
SECTION IX (900) ADMINISTRATION AND ENFORCEMENT ...32
SECTION X (1000) PLAN LIMITATIONS ..................................32
(1001) Amount of Cumulative Tax Increment Revenue............................32
(1002)
Amount of Bonded Indebtedness Outstanding At Any One
Time .............................................................................................33
(1003)
(1004)
(1005)
Time Frame to Incur Indebtedness ..........................................33
Duration of This Plan .................................................................34
Time Frame to Collect Tax Increment Revenue......................34
SECTION XI (1100) PROCEDURE OF AMENDMENT ................34
Exhibit A - Project Area Map ...................................................35
Exhibit B - Legal Description...................................................37
(01._
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED CHULA VISTA REDEVELOPMENT PROJECT
Exhibit C - Listing of Proposed Public Facilities and
Infrastructure Projects... ........... ........... ................38
Pu blic I nfrastructure Projects....................................... ............................. ..38
Community Facilities....................................................................................38
Exhibit D - Diagram of Current Permitted Land Uses ............39
IOj
Amended and Restated Redevelopment Plan
Merged Chula Vista Redevelopment Project
SECTION I (100) INTRODUCTION
(101) This is the amended and restated Redevelopment Plan for the merged
Chula Vista Redevelopment Project ("Plan"), located in the city limits and
sphere of influence of the City of Chula Vista, California. It consists of the
text (Sections 100 through 1100); the Map of the merged Chula Vista
Redevelopment Project Area ("Project Area") (Exhibit A), the legal
description of the Project Area boundaries (Exhibit B), a listing of the
proposed, public facilities and infrastructure improvement projects (Exhibit
C), and a diagram of current permitted land uses (Exhibit D).
The Project Area consists of six constituent redevelopment project areas:
. the Original Town Centre II Redevelopment Project Area
(hereinafter defined as the "Original Town Centre II Constituent
Area");
. the Amended Town Centre II Constituent Area which consists of
an area added to the Original Town Centre II Constituent Area;
. the Otay Valley Redevelopment Project Area (hereinafter defined
"Otay Valley Constituent Area");
. the Orignial Southwest Redevelopment Project Area (hereinafter
defined as the "Original Southwest Constituent Area");
. the Amended Southwest Constituent Area, which consists of, an
area added to the Original Southwest Constituent Area.
The aforementioned Original Town Centre II Constituent Area, the
Amended Town Centre II Constituent Are, the Otay Valley
Constituent Area, the Original Southwest Constituent Area and the
Amended Southwest Constituent Area were previously merged on
August 22, 2000 by Ordinance Nos. 2817, 2818 and 2819. and are
hereinafter referred to collectively as the "Merged Chula Vista
Redevelopment Project Area') and amended on January 6, 2004 by
Ordinance No. _ and February _, 2004 by Ordinance No._.
. the 2003 Amendment Constituent Area, which consists of, an
area added to the Merged Chula Vista Redevelopment Project
Area by Ordinance No. _ adopted on
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AMENDED AND RESTATED REDEVELOPMENT PLAN
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This Plan has been prepared by the Redevelopment Agency of the City of
Chula Vista, California ("Agency") pursuant to the California Community
Redevelopment Law (Health and Safety Code Section 33000, et seq.),
the California Constitution and all applicable laws and ordinances.
This Plan provides the Agency with powers, duties and obligations to
implement the program generally formulated in this Plan for the
redevelopment, rehabilitation, and revitalization of the Project Area. This
Plan does not present a specific plan or establish priorities for specific
projects for the redevelopment, rehabilitation, and revitalization of any
particular area within the Project Area. Instead, this Plan presents a
process and a basic framework within which specific development plans
will be presented, priorities for specific projects will be established, and
specific solutions will be proposed, and by which tools are provided to the
Agency to fashion, develop, and proceed with such specific plans,
projects, and solutions.
Many of the requirements contained in this Plan are necessitated by and
in accordance with statutory provisions in effect at the time of adoption of
this Plan. Such statutory provisions may be changed from time to time.
In the event that any such statutory changes affect this Plan's terms, and
would be applicable to the Agency, the Project Area, or this Plan, the
terms of this Plan that are so affected shall be automatically superseded
by such statutory changes, to the extent necessary to be in conformity
with such statutory changes (and all other terms of the Plan shall remain
in full force and effect).
SECTION II (200) GENERAL DEFINITIONS
The following definitions will be used generally in the context of this Plan unless
otherwise specified herein:
A. "Agency" means the Redevelopment Agency of the City of Chula Vista,
California.
B. "Annual Work Program" means that portion of the Agency's annual
budget that sets forth programs and goals to be accomplished by the
Agency during the fiscal year.
C. "City" means the City of Chula Vista, Califomia.
D. "City Council" means the legislative body of the City.
E. "County" means the County of San Diego, California.
F. "Disposition and Development Agreemenf' means an agreement
between a developer and the Agency that sets forth terms and conditions
for improvement and redevelopment.
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G. "General Plan" means the General Plan of the City, the comprehensive
and long-term general plan for the physical development of the City, as it
exists today or is hereafter amended.
H. "Legal Description" means the metes and bounds legal description of the
Project Area attached hereto as Exhibit B.
I. "Map" means the map of the Project Area attached hereto as Exhibit A.
J. "Method of Relocation" means the methods or plans adopted by the
Agency pursuant to Sections 33352(f) and 33411 of the Redevelopment
Law for the relocation of families, persons and businesses to be
temporarily or permanently displaced by actions of the Agency.
K. "Owner" means any person owning fee title to, or a long-term leasehold
interest in real property within the Project Area.
L. "Owner Participation Agreemenf' means an agreement between the
Agency and an Owner, which sets forth terms and conditions for use of
property, and/or its improvement and/or its redevelopment as to a specific
property.
M. "Participanf' means an Owner who has entered into a Participation
Agreement with the Agency.
N. "Person" means an individual(s), or any pUblic or private entities.
O. "Plan" means this amended and restated Redevelopment Plan for the
Merged Redevelopment Project, as amended by Ordinance No. _ on
January _' 2004, Ordinance No. _ on February _, 2004, and
Ordinance No. on
P. "Project" means the Merged Redevelopment Project.
Q. "Project Area" means the Merged Redevelopment Project Area, which is
the territory this Plan applies to, as shown on Exhibit A.
R. "2003 Amendment Constituent Area" means the territory added to the
Project Area by Ordinance No. _ adopted on
S. "Otay Valley Constituent Area" means the Otay Valley Redevelopment
Project established on December 29, 1983 by Ordinance No. 2059, and
amended by Ordinance No. 2611 on November 8, 1994, and Ordinance
No. 2818 on August 22, 2000.
T. "Amended Southwest Constituent Area" means the territory added to the
Original Southwest Constituent Area by Ordinance No. 2467 on July 9,
1991.
U. "Original Southwest Constituent Area" means the Southwest
Redevelopment Project established on November 27, 1990 by Ordinance
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No. 2420 and amended by Ordinance 2612 on November 6, 1994, and
Ordinance 2819 on August 22, 2000.
V. "Amended Town Centre II Constituent Area" means the territory added to
the Original Town Centre II Constituent Area by Ordinance No. 2274 on
July 19,1988.
W. "Original Town Centre II Constituent Area" means the Town Centre
Redevelopment Project established on August 15, 1978 by Ordinance
No. 1827 and amended by Ordinance No. 2207 on May 19, 1987,
Ordinance No. 2610 on November 8, 1994, and Ordinance No. 2817 on
August 22, 2000.
X. "Redevelopment Law" means the California Community Redevelopment
Law (Health and Safety Code, Sections 33000, et sea.) as it now exists or
may be hereafter amended.
Y. "State" means the State of California.
Z. "State Law" means an enactment of State of Califomia, and includes such
regulations as have the force of law.
SECTION III (300) PROJECT AREA BOUNDARIES
The boundaries of the Project Area are illustrated on the map attached hereto
and incorporated herein as Exhibit A. The legal description of the boundaries of
the Project Area is as described in Exhibit B attached hereto and incorporated
herein.
SECTION IV (400) REDEVELOPMENT PLAN GOALS
This Plan is intended to achieve the following goals:
2003 Amendment Constituent Area
. Eliminate and prevent the spread of blight and deterioration and to conserve,
rehabilitate, and redevelop the Project Area in accordance with this Plan and
future Annual Work Programs.
. Provide for the enhancement and renovation of businesses within the Project
Area to promote their economic viability.
. Stimulate investment of the private sector in the full development of the
Project Area.
. Promote public improvement facilities, which are sensitive to the unique
environment qualities of the Project Area.
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. Provide adequate roadways to correct street alignment problems, to provide
adequate circulation and access to freeways.
. Encourage cooperation and participation of property owners, business
persons, public agencies and community organizations in the revitalization of
the Project Area.
. Provide needed improvements to the community's recreational, culturai, and
other community facilities to better serve the Project Area.
. Expand the resource of developable land by making underutilized land
available for development.
. Renovate and restore sites characterized by deficiencies including, but
without limitations, conditions of soil which render private development
infeasible or impractical.
. Achieve an environment reflecting a high level of concern for architectural,
landscape, and urban design principles appropriate to the objectives of this
Plan.
. Create physical buffers, which ameliorate the adverse effects of changing
land uses along interfaces.
. Discourage "spot zoning" and piecemeal planning practices
. Provide low and moderate income housing as is required to satisfy the needs
and desires of the various age and income groups of the community,
maximizing the opportunity for individual choice, and meeting the
requirements of State Law.
Otay Valley Constituent Area
. Eliminate existing blighted conditions, be they properties or structures, and
the prevention of recurring blight in and about the Project Area.
. Develop property within a coordinated land use pattern of commercial,
industrial, recreational, and public facilities in the Project Area consistent with
the goals, policies, objectives, standards, guidelines and requirements as set
forth in the City's and County's adopted General Plan and Zoning Ordinance.
. Develop public services and facilities including, but not limited to recreational,
maintenance, and operational services and facilities as are necessary and
required for the development of the Project Area.
. Eliminate environmental deficiencies including inadequate street
improvements, inadequate utility systems, and inadequate public services;
and mitigation of highway impacts, including its circulation, movement and its
potential social, physical, and environmental characteristics of blight.
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. Develop a more efficient and effective circulation corridor system free from
hazardous vehicular, pedestrian, and bicycle interfaces.
. Implement techniques to mitigate blight characteristics resulting from
exposure to highway and public right-of-way corridor activity and affecting
adjacent properties within the Project Area.
. Eliminate all forms of blight including, but not limited to, visual blight, in order
to encourage community identity.
. Encourage, promote, and assist in the development and expansion of local
commerce and need commercial and industrial facilities, increasing local
employment prosperity, and improving the economic climate within the
Project Area, and the various other isolated vacant and/or undeveloped
properties within the Project Area.
. Acquisition, assemble, and/or dispose of sites of usable and marketable sizes
and shapes for residential, open space, recreational and Project public facility
development within the Project Area.
. Create a more cohesive and unified community by strengthening the physical,
social, and economic ties between residential, commercial, industrial, and
recreational land uses within the community and the Project Area.
. Acquisition and dispose of property for the purpose of providing relocation
housing, as may be required, to implement the objectives of this Plan.
. Provide for affordable housing availability as required by County, Region, or
State law and requirements, as necessary and desirable, consistent with the
goals and objectives of the community.
. Encourage the coordination, cooperation, and assistance of other local
agencies, as may deem necessary, to ensure that projects undertaken by this
Agency are implemented to their fullest and practical extent.
. Achieve a physical environment reflecting a high level of concern of
architectural and urban design principals deemed important by the
community.
. Encourage community involvement and citizen participation in the adoption of
policies, programs, and projects so as to ensure that the Redevelopment Plan
is implemented in accordance with the objectives and goals of the General
Plan.
. Provide a procedural and financial mechanism by which the Agency can
assist, complement, and coordinate public and private development,
redevelopment, revitalization, and enhancement of the community.
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Original and Amended Southwest Constituent Areas
. Create physical buffers, which ameliorate the adverse effects of changing
land uses along interfaces.
. Discourage "spot zoning" and piecemeal planning practices.
. Encourage the establishment and maintenance of "balanced neighborhoods"
and subareas, characterized by a planned diversity in building sites, density,
housing and land use.
. Provide adequate roadways to correct street alignment problems, to eliminate
road hazards and to provide adequate access to freeways.
. Eliminate and prevent the spread of blight and deterioration and to conserve,
rehabilitate, and redevelop the Project Area in accordance with the
Redevelopment Plan and future Annual Work Programs.
. Promote planned light industrial development with the Main Street Corridor.
. Encourage tourism, including the development of high-quality hotels, motels,
restaurants, and meeting facilities.
. Provide enhancement and renovation of businesses within the Project Area to
promote their economic viability.
. Encourage cooperation and participation of residents, business persons,
public agencies and community organizations in the revitalization of the
Project Area.
. Stimulate investment of the private sector in the full development of the
Project Area.
. Provide needed improvements to the community's educational, cultural,
residential and other community facilities to better serve the Project Area.
. Promote public improvement facilities, which are sensitive to the unique
environmental qualities of the Project Area.
. Establish a program, which promotes the rehabilitation of the existing housing
stock where appropriate.
. Remove impediments to land assembly and development through acquisition
and reparcelization of land into reasonably sized and shaped parcels served
by an improved street system and improved public facilities.
. Expand the resource of developable land by making underutilized land
available for development.
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. Alleviate certain environmental deficiencies including substandard vehicular
and pedestrian circulation systems, insufficient off-street parking and other
similar public improvements.
. Provide improvements of local drainage conditions that constrain the
development of various parcels in the Project Area, the cost of which cannot
be borne by private enterprise acting alone.
. Achieve an environment reflecting a high level of concern for architectural,
landscape, and urban design principles appropriate to the objectives of the
Redevelopment Plan.
. Provide low and moderate income housing as is required to satisfy the needs
and desires of the various age and income groups of the community,
maximizing the opportunity for individual choice, and meeting the
requirements of State Law.
. Develop safeguards against noise and pollution to enhance the
industrial/commercial community.
. To the extent possible, for all redevelopment projects undertaken under this
Plan, preference in hiring for jobs created by these redevelopment actions
should be given to Chula Vista residents.
Original and Amended Town Centre II Constituent Area
. Eliminate blighting influences, including incompatible land uses, obsolete
structures, inadequate parking facilities, unsightly or unattractive signage and
graphics, and inadequate landscape and townscape planning.
. Eliminate environmental, economic, social, platting, and physical deficiencies.
. Strengthen the mercantile posture of Town Centre II, and the improvement of
retail trade therein.
. Renew Town Centre II's physical plant and the improvement of its land use
patterns and spatial relationships.
. Retain and expand viable land uses, commercial enterprises, and public
facilities within the area.
. Attract capital and new business enterprises to the project area.
. Promote comprehensive beautification of the area, including its buildings,
open space, streetscape, street fumiture, graphics, and signage.
. Protect peripheral residential enjoyment and land use integrity.
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. Accommodate future local and regional mass transit and related facilities;
improvement of off-street parking areas and provision for a mini-transit intra-
project system.
. Establish design standards to assure desirable site design and environmental
quality.
. Foster cooperation between the Town Centre II Constituent Areas and the
Town Centre I Redevelopment Project Area and the protection of the goals,
objectives, and economic resurgence of the latter.
SECTION V (500) REDEVELOPMENT PLAN ACTIONS
(501) General
The Agency proposes to alleviate and prevent the spread of blight and
deterioration in the Project Area through:
1. The acquisition, installation, construction, reconstruction,
redesign, or reuse of streets, utilities, curbs, gutters, sidewalks,
traffic control devices, flood control facilities, buildings, structures,
parks, playgrounds, and other public improvements.
2. The rehabilitation, remodeling, demolition, or removal of buildings,
structures, and improvements.
3. The rehabilitation, development, preservation, provision, or
construction of affordable housing in compliance with State Law.
4. Providing the opportunity for participation by owners and tenants
presently located in the Project Area and the extension of
preferences to persons engaged in business desiring to remain or
relocate within the redeveloped Project Area.
5. Providing relocation assistance to displaced occupants in
accordance with applicable State Law.
6. The development or redevelopment of land by private enterprise
or public agencies for purposes and uses consistent with the
objectives of this Plan.
7. The acquisition of real property, personal property, any interest in
property, and improvements on the property by purchase, lease,
option, grant, bequest, gift. devise. or any other lawful means, or,
where it is deemed necessary, by exercising the power of eminent
domain, as permitted by Section 503 of this Plan, after conducting
appropriate public hearings and making appropriate findings.
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8. Site preparation and development and construction of necessary
off-site improvements.
9. Improving open space.
10. Managing property acquired by the Agency.
11. Providing financing for the assistance of commercial and industrial
development that increases the economic base of both the
Project Area and the City, and the number of temporary and
permanent jobs.
12. The disposition of real property, personal property, any interest in
property, and improvements on the property through methods
such as sale, lease, exchange, subdivision, transfer, assignment,
pledge, encumbrance or any other lawful means of disposition.
13. Recommending standards to ensure that property will continue to
be used in accordance with this Plan.
14. The closure or vacation of certain streets and the dedication of
other areas for public purposes.
15. Providing replacement housing, as required.
16. Applying for, receiving and utilizing grants and loans from federal
or state governments or any other source.
17. Clearing or moving buildings, structures or other improvements
from any real property acquired by the Agency.
To accomplish these actions and to implement this Plan, the Agency is
authorized to use the powers provided in this Plan, and the powers now
or hereafter permitted by the Redevelopment Law and any other State
law.
(502) Property Acquisition
1.
(503)
ACQuisition of Real Property
The Agency may acquire real property by any means authorized by
law, including by purchase, lease, obtain option upon, acquire by gift,
grant, bequest, devise, exchange, cooperative negotiations, or
eminent domain.
The following limitations shall apply to the Agency's eminent domain
authority in the Project Area:
a. Within the Oriqinal and Amended Southwest
Constituent Areas, no eminent domain acquisition shall
be commenced after November 19, 2014, unless
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extended by amendment of this Plan. Eminent domain
shall not be used to acquire any property used for
residential purposes located within areas zoned or
otherwise designated for such residential purpose under
adopted Specific and/or General Plans of the City, as
they may hereafter be amended by the City.
Notwithstanding the foregoing, eminent domain may not
be commenced on any properties on Jacqua Street
prior to the completion of the City's General Plan update
initiated in 2002.
b. Within the Otav Vallev Road Constituent Area, no
eminent domain acquisition shall be commenced after
2015, unless extended by amendment of this
Plan.
c. Within the Oriqinal and Amended Town Centre II and
2003 Amendment Constituent Areas, no eminent
domain acquisition shall be commenced after _
2015, unless extended by amendment of this Plan.
Eminent domain shall not be used to acquire any
property used for residential purposes located within
areas zoned or otherwise designated for such purpose
under adopted Specific and/or General Plans of the
City, as they may be hereafter amended by the City.
d. Eminent domain may not be used to acquire property
owned by a public body without the consent of that
public body.
e. To the extent required by law, the Agency shall not
acquire real property on which an existing building is to
be continued on its present site and in its present form
and use without the consent of the owner, unless: (1)
such building requires structural alteration,
improvement, modernization or rehabilitation; or (2) the
site or lot on which the building is situated requires
modification in size, shape or use; or (3) it is necessary
to impose upon such property any of the standards,
restrictions and controls of this Plan and the owner fails
or refuses to participate in the Plan pursuant to Sections
506 through 509 of this Plan and applicable provisions
of the Redevelopment Law.
2. (504) ACQuisition of Personal Property. Anv Other Interest in
Real Property. or Anv Improvements in Real Property
Where necessary in the implementation of this Plan, the Agency
is authorized to acquire personal property, any other interest in
real property and any improvements on real property including
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repurchase of developed property previously owned by the
Agency by any lawful means.
(505) Participation by Owners and Persons Engaged in Business
1.
(506)
Owner Participation
This Plan provides for opportunities for participation in the
redevelopment of property in the Project Area by the owners of all
or part of such property if the owners agree to participate in the
redevelopment in confonnity with this Plan.
Participation methods include: (I) remaining in substantially the
same location either by retaining all or portions of the property, or
by retaining all or portions of the property and purchasing adjacent
property from the Agency or joining with another person or entity
for the rehabilitation or development of the Owner's property and,
if appropriate, other property, or (ii) submitting to the Agency for its
consideration another method of participation proposal pursuant
to these Rules. An Owner who participates in the same location
may be required, among other actions, to rehabilitate or demolish
all or a part of his/her existing buildings. The Agency may also
acquire the buildings only and then remove or demolish the
buildings. Participation methods also include but are not limited to
the Agency buying land and improvements at fair market value
from Owners and offering other parcels for purchase and
rehabilitation or development by such Owners, or offering an
opportunity for sucih Owners to rehabilitate or develop property
jointly with other persons or entities.
Owner Participation opportunities shall be subject to and limited
by factors and requirements including:
a. The Participant(s) must demonstrate to the satisfaction
of the Agency that the Participant is financially capable
and has the qualifications and experience to perform
any and all development, construction, modification,
rehabilitation, modernization, construction, land
assembly, and/or acquisition of the subject property or
properties in order that it will confonn to the Plan, any
specific plan or design guide, applicable zoning,
building, and safety laws and regulations, and the
redevelopment proposal, if any, contemplated by the
Agency with respect to the subject property.
b. The Participant's proposed improvements and/or
redevelopment conform or will confonn to: the goals
and objectives established by the Agency; the Plan; any
applicable specific plan or design guide; applicable
zoning, building and safety laws and regulations; and
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the redevelopment proposal for the development site
approved by the Agency.
c. The Agency retains its authority to determine in its sole
discretion whether the Participant's(s') proposed
development conforms to and furthers the goals and
objectives of the Plan and any specific redevelopment
proposals on the basis of all the facts and
circumstances pertaining to the Participant's proposed
development.
d. The Agency shall consider whether the proposed owner
participant development necessitates that the
Participant and/or the Agency shall remove, relocate
and/or install public utilities and public facilities
determined necessary by the Agency for the proposed
development.
e. Consideration of the elimination and/or change of land
uses, particularly nonconforming land uses as specified
in City codes.
f. The Agency shall consider the need to realign,
abandon, vacate, widen, or open public rights-of-way
and the indirect effects of such acts.
g. Consideration of any reduction in the total number of
individual parcels in the Project Area.
h. Consideration of whether the proposal involves land
assembly and development of areas for public and/or
private development in a=rdance with the Plan.
2.
(507)
Reentrv Preferences for Persons Enqaqed in Business
in the Proiect Area
The Agency shall extend reasonable preferences to persons who
are engaged in business in the Project Area to relocate and
reenter in business in the redeveloped area, if they otherwise
meet the requirements prescribed by this Plan and the Agency's
rules governing owner participation and re-entry.
3.
(508)
Owner Participation Aqreements
Under an Owner Participation Agreement, the participant shall
agree to rehabilitate, develop, or use the property in conformance
with this Plan and be subject to the provisions hereof. In the
Owner Participation Agreement, participants who retain real
property shall be required to join in the recordation of such
documents as are necessary to make the provisions of this Plan
applicable to their properties.
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Owner Participation Agreements shall include appropriate
remedies such as the ability of the Agency to declare the Owner
Participation Agreement terminated and acquire the real property
or any interest therein, and sell or lease such real property or
interest therein for rehabilitation or development in accordance
with this Plan in the event a participant breaches the tenns of
such Owner Participation Agreement.
If conflicts develop between the desires of participants for
particular sites or land uses, the Agency is authorized to establish
reasonable priorities and preferences to persons who are
engaged in business in the Project Area re-entering in business
within the redeveloped area if they otherwise meet the
requirements prescribed by the Plan.
Where the Agency detennines that a proposal for participation is
not feasible, is not in the best interests of the Agency or City or
that redevelopment can best be a=mplished without affording a
participant an opportunity to execute an Owner Participation
Agreement, the Agency shall not be required to execute an
Owner Participation Agreement.
(509) Implementing Rules
The provisions of Sections 505 through 508 of this Plan shall be
implemented a=rding to the rules adopted by the Agency prior to the
approval of the Ordinance, which may be amended from time to time by
the Agency. Such rules allow for Owner Participation Agreements with
the Agency.
(510) Cooperation with Public Bodies
Certain public bodies are authorized by State Law to aid and cooperate,
with or without consideration, in the planning and implementation of
activities authorized by this Plan. The Agency shall seek the aid and
cooperation of such public bodies and shall attempt to coordinate the
implementation of this Plan with the activities of such public bodies in
order to accomplish the purposes of redevelopment and to achieve the
highest public good.
Property of a public body shall not be acquired without its consent in
accordance with State Law. The Agency shall seek the cooperation of all
public bodies, which own or intend to acquire property in the Project Area.
The Agency may impose on all public bodies the planning and design
controls contained in and authorized by this Plan to ensure that present
uses and any future development by public bodies will confonn to the
requirements of this Plan. The Agency is authorized, to the extent
permissible by law, to financially (and otherwise) assist public bodies in
the cost of public land, buildings, facilities, structures or other
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improvements (within or outside the Project Area) where such land,
buildings, facilities, structures, or other improvements are of benefit to the
Project Area.
(511) Property Management
During such time as property, if any, in the Project Area is owned by the
Agency, such property shall be under the management and control of the
Agency. Such properties may be rented or leased by the Agency
pending their disposition.
(512) Payments to Taxing Agencies
The Agency may pay, but is not required to pay, in any year during which
it owns property in the Project Area directly to any City, County or district,
including, but not limited to, a school district, or other public corporation for
whose benefit a tax would have been levied upon such property had it not
been tax exempt, an amount of money in lieu of taxes.
In addition, to the extent required by State Law, the Agency shall remit
payments to the affected taxing agencies in a manner consistent with
Section 33607.5, Section 33676(b), and any other pertinent and
applicable sections of the Redevelopment Law.
All such amounts shall be calculated after the amount required to be
deposited in the Low and Moderate Income Housing Fund has been
deducted from the total amount of tax increment funds received by the
Agency in the applicable fiscal year. Such payments shall be reduced in
accordance with the provisions of Section 33607.5 of the Redevelopment
Law or any other applicable statute. Such payments shall be the
exclusive payments that are required to be made by the Agency to
affected taxing entities for the duration of this Plan. Such payments may
be subordinated to loans, bonds, or other Agency indebtedness as
provided by the Redevelopment Law.
The Agency may also pay to any affected taxing agency any amounts of
money, which the Agency has found, are necessary and appropriate to
alleviate financial burden or detriment caused by the Project pursuant to
an agreement executed prior to January 1, 1994.
(513) Relocation of Persons Displaced by a Project
1.
(514)
Relocation Proqram
In accordance with the provisions of the California Relocation
Assistance Law (Govemment Code Section 7260, et seq.)
("Relocation Assistance Act"), the Relocation Assistance and Real
Property Acquisition Guidelines adopted and promulgated by the
California Department of Housing and Community Development
("Relocation Guidelines") and the the Agency shall provide
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relocation benefits and assistance to all "displaced" persons
(including families, business concerns, and others) as may be
required by law. Such relocation assistance shall be provided in
the manner required by the Method of Relocation.
2.
(515)
Relocation Benefits and Assistance
The Agency shall provide all relocation benefits required by law
and in conformance with the Method of Relocation, Relocation
Guidelines, Relocation Assistance Act, the Redevelopment Law,
and any other applicable rules and regulations.
(516) Demolition, Clearance, Public Improvements, Site
Preparation and Removal of Hazardous Waste
1.
(517)
Demolition and Clearance
The Agency is authorized, for property acquired by the Agency or
pursuant to an agreement with the owner of property, to demolish,
clear or move buildings, structures, or other improvements from
any real property as necessary to carry out the purposes of this
Plan.
2. (518) Public Improvements
To the greatest extent pennitted by law, the Agency is authorized
to install and construct, or to cause to be installed and
constructed, the public improvements and public utilities (within or
outside the Project Area) necessary to carry out the purposes of
this Plan. Specifically, the Agency may pay for, install, or
construct the buildings, facilities, structures, and other
improvements identified in Exhibit C, attached hereto, and may
acquire or pay for land required therefore. Additionally, the
Agency is authorized to install and construct, or to cause to be
installed and constructed, within or without the Project Area, for
itself or for any public body or entity for the benefit of the Project
Area, public improvements and public facilities, including, but not
limited to: over or underpasses; bridges; streets; bikeways; curbs;
gutters; sidewalks; street lights; sewers; stonn drains; traffic
signals: electrical distribution systems; natural gas distribution
systems; wastewater treatment facilities; cable TV and fiber optic
communication systems; water distribution systems; parks;
windbreaks; trails; plazas; playgrounds; motor vehicle parking
facilities; landscaped areas; schools; civic, cultural and
recreational facilities; camping facilities; and pedestrian
improvements. The public facilities and infrastructure
improvement projects that may be undertaken by the Agency
pursuant to this Plan are identified in the General Plan, and capital
improvement program, incorporated herein by reference.
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The Agency, as it deems necessary to carry out the Plan and
subject to the consent of the City Council, as may be required by
the Redevelopment Law, may pay all or part of the value of the
land for and the cost of the installation and construction of any
building, facility, structure or other improvement which is publicly
owned either within or outside the Project Area, upon both the
Agency and the City Council making the applicable
determinations required pursuant to the Redevelopment Law.
When the value of such land or the cost of the installation and
construction of such building, facility, structure or other
improvement, or both, has been, or will be, paid or provided for
initially by the City or other public corporation, the Agency may
enter into a contract with the City or other public corporation under
which it agrees to reimburse the City or other public corporation
for all or part of the value of such land or all or part of the cost of
such building, facility, structure or other improvements, or both, by
periodic payments over a period of years. Any obligation of the
Agency under such contract shall constitute an indebtedness of
the Agency for the purposes of carrying out this Plan.
3.
(519)
Preparation of Buildinq Sites
Any real property owned or acquired by the Agency may be
developed as a building site. In connection with such
development it may cause, provide, or undertake or make
provisions with other agencies for the installation, or construction
of streets, utilities, parks, playgrounds and other public
improvements necessary for carrying out this Plan.
4.
(520)
Removal of Hazardous Waste
To the extent legally allowable, the Agency may, in its sole
discretion, take any actions, which the Agency determines are
necessary, and which are consistent with other State and federal
laws, to remedy or remove a release of hazardous substances on,
under, or from property within the Project Area.
(521) Rehabilitation, Moving of structures by the Agency and
Seismic Repairs
1.
(522)
Rehabilitation and Conservation
The Agency is authorized to rehabilitate and conserve, or to
cause to be rehabilitated and conserved, any property, building or
structure owned by the Agency. The Agency is also authorized to
advise, encourage, and assist (through a loan program or
otherwise) in the rehabilitation and conservation of property,
buildings or structures in the Project Area not owned by the
Agency to the extent pennitted by the Redevelopment Law. The
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Agency is authorized to acquire, restore, rehabilitate, move and
conserve buildings of historic or architectural significance.
The Agency is authorized to conduct a program of assistance and
enforcement to encourage owners of property within the Project
Area to upgrade and maintain their property consistent with this
Plan and such standards as may be developed for the Project
Area.
The extent of rehabilitation in the Project Area shall be subject to
the discretion of the Agency based upon such objective factors
as:
a. Compatibility of rehabilitation with land uses as provided
for in this Plan.
b. Economic feasibility of proposed rehabilitation and
conservation activity.
c. Structural feasibility of proposed rehabilitation and
conservational activity.
d. The undertaking of rehabilitation and conservation
activities in an expeditious manner and in confonnance
with the requirements of this Plan and such property
rehabilitation standards as may be adopted by the
Agency.
e. The need for expansion of public improvements,
facilities and utilities.
f. The assembly and development of properties in
accordance with this Plan.
The Agency may adopt property rehabilitation standards for the
rehabilitation of properties in the Project Area.
2.
(523)
Clearinq or Movinq Structures
As necessary in carrying out this Plan, the Agency is authorized to
move, or to cause to be moved, any building structures or other
improvements from any real property acquired.
3.
(524)
Seismic Repairs
For any project undertaken by the Agency within the Project Area
for building rehabilitation or alteration in construction, the Agency
may, by following all applicable procedures which are consistent
with local, State, and federal law, take those actions which the
Agency detennines are necessary to provide for seismic retrofits.
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4.
(525)
Graffiti Removal
Within the Project Area, the Agency after making the required
findings may take any actions that it detennines are necessary to
remove graffiti from public or private property.
(526) Property Disposition and Development
1.
(527)
Real Propertv Disposition and Development
a.
(528)
General
For the purposes of this Plan, the Agency is authorized
to sell, lease for a period not to exceed 99 years,
exchange, subdivide, transfer, assign, pledge,
encumber by mortgage, deed of trust, or otherwise
dispose of any interest in real property. To the extent
pennitted by law, the Agency is authorized to dispose of
real property by negotiated lease or sale without public
bidding after a noticed public hearing. Except as
otherwise permitted by law, before any interest in
property of the Agency acquired in whole or in part,
directly or indirectly, with tax increment moneys is sold
or leased for development pursuant to this Plan, such
sale or lease shall be first approved by the City Council
by resolution after a noticed public hearing, together
with such findings as may then be required by State
Law.
The real property acquired by the Agency in the Project
Area, except property conveyed by it to the City or any
other public body, shall be sold or leased to public or
private persons or entities for improvement and use of
the property in confonnance with this Plan. Real
property may be conveyed by the Agency to the City,
and where beneficial to the Project Area, to any other
public body without charge or for an amount less than
fair market value.
All purchasers or lessees of property from the Agency
shall be obligated to use the property for the purposes
designated in this Plan, to begin and complete
improvement of such property within a period of time
which the Agency fixes as reasonable, and to comply
with other covenants, conditions, or restrictions to
prevent speculation or excess profit taking in
undeveloped land, including right of reverter to the
Agency and to comply with other conditions which the
Agency deems necessary to carry out the purposes of
this Plan.
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During the period of redevelopment in the Project Area,
the Agency shall ensure that all provisions of this Plan,
and other documents formulated pursuant to this Plan,
are being observed, and that development of the Project
Area is proceeding in accordance with applicable
development documents and time schedules.
All development, whether public or private, must
conform to this Plan and all applicable federal, State,
and local laws, including without limitation the General
Plan and zoning ordinance, and all other state and local
building codes, guidelines, or specific plans as they now
exist or are hereafter amended. Such development
must receive the approval of all appropriate public
agencies.
b.
(529)
Purchase and Development Documents
To provide adequate safeguards to ensure that the
provisions of this Plan will be carried out and to prevent
the recurrence of blight, all real property sold, leased, or
otherwise disposed of by the Agency, as well as all
property subject to Owner Participation Agreements and
Disposition and Development Agreements, shall be
made subject to the provisions of this Plan by leases,
deeds, contracts, agreements, declarations of
restrictions, provisions of the General Plan and zoning
ordinance, and all other state and local building codes,
guidelines, or master or specific plans as they now exist
or are hereafter amended, conditional use pennits, or
other means. Where appropriate, as detennined by the
Agency, such documents or portions thereof shall be
recorded in the office of the Recorder of the County.
Leases, deeds, contracts, agreements, and declarations
of restrictions of the Agency may contain restrictions,
covenants, covenants running with the land, rights of
reverter, conditions subsequent, equitable servitudes, or
any other provisions necessary to carry out this Plan.
The Agency shall reserve such powers and controls in
Disposition and Development Agreements or similar
agreements as may be necessary to prevent transfer,
retention, or use of property for speculative purposes
and to ensure that redevelopment is carried out
pursuant to this Plan.
The Agency shall obligate lessees and purchasers of
real property acquired in the Project Area and owners of
property improved as part of a redevelopment project to
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refrain from restricting the rental, sale or lease of the
property on the basis of race, color, religion, sex, marital
status, ancestry, or national origin of any person. All
deeds, leases, or contracts for the sale, lease, sublease
or other transfer of land in the Project Area shall contain
or be subject to such nondiscrimination and non-
segregation clauses as are required by Redevelopment
Law.
2.
(530)
Personal Propertv Disposition
For the purposes of this Plan, the Agency is authorized to sell,
lease for a period not to exceed 99 years, exchange, subdivide,
transfer, assign, pledge, encumber, or otherwise dispose of
personal property or any other interest in property by any lawful
means.
3.
(531)
Prevention of Discrimination
a.
(532)
Redevelopment
The redeveloper shall comply with all state and local
laws, in effect from time to time, prohibiting
discrimination or segregation by reason of race, color,
creed, religion, sex, marital status, national origin or
ancestry, in the sale, lease or occupancy of the
property.
Pursuant to the Redevelopment Law (Sections 33337
and 33435-33436), contracts entered into by the
Agency relating to the sale, transfer or leasing of land, or
any interest therein acquired by the Agency within any
survey area or redevelopment project, shall comply with
the provisions of said sections in substantially the form
set forth therein. All such contracts shall further provide
that the provisions of said sections shall be binding upon
and shall obligate the contracting party or parties and
any subcontracting party or parties, or other transferees
under the instrument.
b.
(533)
Deeds. Leases. and Contracts
All deeds, leases, and contracts which the Agency
proposes to enter into with respect to the sale, lease,
sublease, transfer, use, occupancy, tenure or enjoyment
of any land in the Project Area shall contain the
following nondiscrimination and non-segregation
clauses as prescribed by Redevelopment Law, Section
33436: In deeds the following language shall appear:
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'The grantee herein covenants by and for himself
or herself, his or her heirs, executors,
administrators and assigns, and all persons
claiming under or through them, that there shall be
no discrimination against or segregation of, any
person or group of persons on a=unt of race,
color, creed, religion, sex, marital status, national
origin, or ancestry in the sale, lease, sublease,
transfer, use, occupancy, tenure, or enjoyment of
the premises herein conveyed, nor shall the
grantee or any person claiming under or through
him or her, establish or permit any such practice or
practices of discrimination or segregation with
reference to the selection, location, number, use or
occupancy of tenants, lessees, subtenants,
sublessees, or vendees in the premises herein
conveyed. The foregoing covenants shall run with
the land."
In leases, the following language shall appear:
"The lessee herein covenants by and for himself or
herself, his or her heirs, executors, administrators,
and assigns, and all persons claiming under or
through him or her, and this lease is made and
accepted upon and subject to the following
conditions:
"That there shall be no discrimination against or
segregation of any person or group of persons, on
a=unt of race, color, creed, religion, sex, marital
status, national origin, or ancestry, in the leasing,
subleasing, transferring, use, occupancy, tenure, or
enjoyment of the premises herein leased nor shall
the lessee himself, or any person claiming under or
through him or her, establish or permit any such
practice or practices of discrimination or
segregation with reference to the selection,
location, number, use, or occupancy, of tenants,
lessees, sublessees, subtenants, or vendees in the
premises herein leased."
In contracts, the following language shall appear:
"There shall be no discrimination against or
segregation of any person or group of persons on
account of race, color, creed, religion, sex, marital
status, national origin or ancestry in the sale, lease,
sublease, transfer, use, occupancy, tenure or
enjoyment of the land, nor shall the transferee itself
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or any person claiming under or through it,
establish or pennit any such practice or practices of
discrimination or segregation with reference to the
selection, location, number, use or occupancy of
tenants, lessees, subtenants, sublessees or
vendees of the land. The foregoing provision shall
be binding upon and shall obligate the contracting
party or parties and any subcontracting party or
parties, or other transferees under the instrument."
(534) Low- and ModerabMncome Housing
The Agency shall comply with all of the low- and moderate-income
housing requirements of the Redevelopment Law, which are applicable to
this Plan, including applicable expenditure, replacement, and inclusionary
housing requirements, including but not limited to the following:
No less than twenty percent of all tax increment funds allocated to the
Agency shall be used for the purposes of increasing, improving, and
preserving the supply of low- and moderate-income housing available at
affordable housing costs to persons and families of low or moderate
income and very low income households that is occupied by these
persons and families, unless the Agency makes annual findings by
resolution as required under Redevelopment Law.
The tax increment funds that are required to be used for increasing and
improving the supply of low- and moderate-income housing shall be held
in a separate Low and Moderate-Income Housing Fund until used. The
moneys in the Low and Moderate-Income Housing Fund shall be used to
increase, improve, and preserve the supply of low- and moderate-income
housing.
Whenever dwelling units housing persons and families of low or
moderate-income are destroyed or removed from the low- and moderate-
income housing market as part of a redevelopment project, the Agency
shall within four years of such destruction or removal, rehabilitate,
develop, or construct, or cause to be rehabilitated, developed, or
constructed, for rental or sale to persons and families of low or moderate-
income an equal number of replacement dwelling units at affordable
housing costs within the Project Area or within the jurisdiction of the
Agency in accordance with Redevelopment Law."
SECTION VI (600) USES PERMITTED IN THE PROJECT AREA
(601) Maps and Uses Pennitted
The Map attached hereto as Exhibit A and incorporated herein illustrates
the location of the Project Area boundaries. The land uses permitted by
this Plan shall be those permitted by the General Plan and zoning
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ordinance, and all other state and local building codes, guidelines, or
specific plans as they now exist or are hereafter amended. A diagram of
current permitted uses is presented on Exhibit D.
(602) Public Uses
(603)
1.
Public Street Lavout. Riahts-of-Wavand Easements
The public street system and street layout for the Project Area is
illustrated on the Map identified as Exhibit A. The street system in
the Project Area shall be developed in a=rdance with the
General Plan, and all other state and local codes, guidelines, or
master or specific plans as they now exist or are hereafter
amended.
Certain streets and rights-of-way may be widened, altered,
realigned, abandoned, vacated, or closed by the City as
necessary for proper development of the Project Area. Additional
easements may be created by the Agency and City in the Project
Area as needed for proper development and circulation.
The public rights-of-way shall be used for vehicular, bicycle and/or
pedestrian traffic as well as for public improvements, public and
private utilities and activities typically found in public rights-of-way.
In addition, all necessary easements for public uses, public
facilities, and public utilities may be retained or created.
2.
(604)
Other Public and Open Space Uses
Both within and, where an appropriate finding has been
detennined, outside of the Project Area, the Agency may take
actions to establish, or enlarge public, institutional, or non-profit
uses, including, but not limited to, schools, community centers,
auditorium and civic center facilities, theatres and cultural facilities,
criminal justice facilities, park and recreational facilities, parking
facilities, transit facilities, libraries, hospitals, educational, fratemal,
philanthropic and charitable institutions or other similar
associations or organizations. All such uses shall be deemed to
conform to the provisions of this Plan provided that such uses
confonn to all other applicable laws and ordinances and that sucih
uses are approved by the City. The Agency may impose such
other reasonable restrictions as are necessary to protect
development and uses in the Project Area.
(605) Nonconfonning Uses
The Agency is authorized but not required to pennit an existing use to
remain in an existing building in good condition if the use does not
conform to the provisions of this Plan, provided that such use is generally
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compatible with existing and proposed developments and uses in the
Project Area.
The Agency may take actions to, but is not required to, authorize
additions, alterations, repairs or other improvements in the Project Area
for buildings which do not conform to the provisions of this Plan where, in
the determination of the Agency, such improvements would be
compatible with surrounding Project Area uses and proposed
development.
(606) Interim Uses
Pending the ultimate development of land by developers and participants,
the Agency is authorized to use or permit the use of any land in the
Project Area for interim uses. Such interim use, however, shall confonn
to General Plan and zoning ordinance, and all other state and local
building codes, guidelines, or specific plans as they now exist or are
hereafter amended.
(607) General Control and Limitations
All real property in the Project Area is hereby made subject to the controls
and requirements of this Plan. No real property shall be subdivided,
developed, redeveloped, rehabilitated, or otherwise changed after the
date of the adoption of this Plan except in confonnance with the goals and
provisions of this Plan and the regulations and requirements of the
General Plan and zoning ordinance, and all other state and local building
codes, guidelines, or master or specific plans as they now exist or are
hereafter amended. The land use controls of this Plan shall apply for the
periods set forth in Section 1000 below. The type, size, height, number
and use of buildings within the Project Area will be controlled by the
General Plan and applicable zoning ordinance, and all other state and
local building codes, guidelines, or master or specific plans as they now
exist or are hereafter amended.
1.
(608)
New Construction
All construction in the Project Area shall comply with all applicable
State and local laws in effect from time to time. In addition to the
City land use regulations and requirements in the Project Area,
additional specific performance and development standards may
be adopted by the Agency to control and direct improvement
activities in the Project Area.
2.
(609)
Rehabilitation
Any existing structure within the Project Area which the Agency
enters into an agreement for retention and rehabilitation shall be
repaired, altered, reconstructed, or rehabilitated in accordance
with the applicable law and in such a manner that it will meet the
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following requirements: be safe and sound in all physical
respects, be attractive in appearance and not detrimental to the
surrounding uses.
3.
(610)
Number of Dwellinq Units
The General Plan shall regulate the total number of dwelling units
in the Project Area. As of the date of adoption of this Plan, there
are approximately one thousand nine hundred (1,900) dwelling
units in the Project Area.
4.
(611)
Open Space and Landscapinq
The approximate amount of open space to be provided in the
Project Area is the total of all areas so designated in the General
Plan and zoning ordinance, and all other state and local building
codes, guidelines, or specific plans as they now exist or are
hereafter amended, and those areas in the public rights-of-way or
provided through site coverage limitations on new development
as established by the City and this Plan. Landscaping shall be
developed in the Project Area to ensure optimum use of living
plant material in conformance with the standards of the City.
5.
(612)
Limitations on Tvpe. Size. Heiqht Number and
Proposed Use of Buildinqs
The limits on building intensity, type, size, height, number and
proposed use shall be established in accordance with the
provisions of the General Plan and zoning ordinance, and all other
state and local building codes, guidelines, or master or specific
plans as they now exist or are hereafter amended.
6.
Siqns
(613)
All signs shall confonn to the requirements of the City. Design of
all proposed new signs shall be subject to the review of the City
and any additional standards that may be adopted by the Agency
to implement the goals of this Plan.
7.
(614)
Utilities
The Agency, in conformity with the City municipal code, and City
policies, shall require that all utilities be placed underground
whenever physically possible and economically feasible.
8.
(615)
Subdivision of Parcels
No parcels in the Project Area, including any parcel retained by a
participant, shall be consolidated, subdivided or re-subdivided
without the approval of the City.
/...z c;
ROSENOW SPEVACEK GROUP, INC.
PAGE 26
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED CHULA VISTA REDEVELOPMENT PROJECT
9.
(616)
Variations
The Agency is authorized to permit variations from the limits,
restrictions and controls established by this Plan. In order to
permit any such variation, the Agency must detennine all of the
following:
a. The application of certain provisions of this Plan would
result in practical difficulties or unnecessary hardships
inconsistent with the general purposes and intent of this
Plan.
b. There are exceptional circumstances or conditions
applicable to the property or to the intended
development of the property, which do not apply
generally to other properties having the same
standards, restrictions, and controls.
c. Permitting a variation will not be materially detrimental to
the public welfare or injurious to property or
improvements in the area.
d. Permitting a variation will not be contrary to the
objectives of this Plan.
No such variation shall be granted other than a minor departure
from the provisions of this Plan. In permitting any such variation,
the Agency shall impose such conditions as are necessary to
protect the public health, safety, and welfare, and to assure
compliance with the purposes of this Plan.
(617) Design for Development
One of the objectives of this Plan is to create an attractive and pleasant
environment in the Project Area. Therefore, such plans shall give
consideration to good design, open space and other amenities to
enhance the aesthetic quality of the Project Area. The Agency shall not
approve any plans that do not comply with this Plan except as permitted
by Section 616 of this Plan.
Within the limits, restrictions, and controls established in this Plan, and
subject to the provisions of Sections 601 and 607 herein, the Agency is
authorized to establish land use, heights of buildings, land coverage,
setback requirements, design criteria, traffic circulation, traffic access, and
other development and design controls necessary for proper
development of both private and public areas within the Project Area.
No new improvement shall be constructed, and no existing improvement
shall be substantially modified, altered, repaired, or rehabilitated except in
accordance with this Plan and any such controls approved by the Agency.
ROSENOW SPEVACEK GROUP, INC.
I :~/..)
PAGE 27
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED CHULA VISTA REDEVELOPMENT PROJECT
In the case of property, which is the subject of a Disposition and
Development Agreement or an Owner Participation Agreement with the
Agency, such property shall be developed in accordance with the
provisions of such Agreement.
(618) Building Pennits
Any building permit that is issued for the rehabilitation or construction of
any new building or any addition, construction, moving, conversion or
alteration to an existing building in the Project Area from the date of
adoption of this Plan must be in confonnance with the provisions of this
Plan, any design for development adopted by the Agency, any restrictions
or controls established by resolution of the Agency, and any applicable
participation or other agreements.
SECTION VII (700) METHODS FOR FINANCING THE PROJECT
(701) General Description of the Proposed Financing Methods
Upon adoption of this Plan by the City Council, the Agency is authorized
to finance implementation of this Plan with assistance from local sources,
the State and/or the federal government, property tax increment, interest
income, Agency bonds, donations, loans from private financial institutions
or any other legally available source.
The Agency is also authorized to obtain advances, borrow funds, issue
bonds or other obligations, and create indebtedness in carrying out this
Plan. The principal and interest on such indebtedness may be paid from
tax increment revenue or any other funds available to the Agency.
Advances and loans for survey and planning and for the operating capital
for administration of this Plan may be provided by the City until adequate
tax increment revenue or other funds are available to repay the advances
and loans. The City or other public agency, as it is able, may also supply
additional assistance through issuance of bonds, loans and grants and in-
kind assistance. Any assistance shall be subject to terms established by
an agreement between the Agency, City and/or other public agency
providing such assistance.
The Agency may issue bonds or other obligations and expend their
proceeds to carry out this Plan. The Agency is authorized to issue bonds
or other obligations as appropriate and feasible in an amount sufficient to
finance all or any part of Plan implementation activities. The Agency shall
pay the principai and interest on bonds or other obligations of the Agency
as they become due and payable.
ROSENOW SPEVACEK GROUP, INC.
I 31
PAGE 28
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED CHULA VISTA REDEVELOPMENT PROJECT
(702) Tax Increment Revenue
For the purposes of the collection of property tax revenue pursuant to this
Plan, the effective date of the ordinance shall mean and refer to:
· Original Town Centre II Constituent Area established by
Ordinance No. 1827: September 14,1978.
. Otay Valley Constituent Area established by Ordinance No. 2059:
January 28, 1984.
. Amended Town Centre II Constituent Area established by
Ordinance No. 2274: August 18,1988.
. Original Southwest Constituent Area established by Ordinance
No. 2420: December 27, 1990.
. Amended Southwest Constituent Area established by Ordinance
No. 2467: August 8, 1991.
. 2003 Amendment Constituent Area established by Ordinance No.
-
All taxes levied upon taxable property within the Project Area eacih year
by or for the benefit of the State, County, City, district, or other public
corporation (hereinafter called "Taxing Agency" or "Taxing Agencies")
after the effective date of the ordinance, shall be divided as follows:
1. That portion of the taxes which would be produced by the rate
upon which the tax is levied each year by or for each of said
Taxing Agencies upon the total sum of the assessed value of the
taxable property in the Project Area as shown upon the
assessment roll used in connection with the taxation of such
property by such Taxing Agency, last equalized prior to the
effective date of the ordinance, shall be allocated to and when
collected shall be paid to the respective Taxing Agencies as taxes
by or for said Taxing Agencies on all other property are paid (for
the purpose of allocating taxes levied by or for any Taxing Agency
or Agencies which did not include the territory in the Project Area
on the effective date of the ordinance but to which such territory
has been annexed or otherwise included after such effective date,
the assessment roll of the County last equalized on the effective
date of the ordinance shall be used in detennining the assessed
valuation of the taxable property in the Project Area on said
effective date).
2. That portion of said levied taxes each year in excess of such
amount shall be allocated to and when collected shall be paid into
a special fund of the Agency to pay the principal of and interest on
loans, monies advanced to, or indebtedness (whether funded,
ROSENOW SPEVACEK GROUP, INC.
I '=)..2-
PAGE 29
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED CHULA VISTA REDEVELOPMENT PROJECT
refunded, assumed, or otherwise) incurred by the Agency to
finance or refinance, in whole or in part, the Project and this Plan.
Unless and until the total assessed valuation of the taxable
property in the Project Area exceeds the total assessed value of
the taxable property in the Project Area as shown by the last
equalized assessment roll referred to in paragraph (1.) hereof, all
of the taxes levied and collected upon the taxable property in the
Project Area shall be paid to the respective Taxing Agencies.
When said loans, advances, and indebtedness, if any, and
interest thereon, have been paid, all monies thereafter received
from taxes upon the taxable property in the Project Area shall be
paid to the respective Taxing Agencies as taxes on all other
property are paid.
3. That portion of the taxes in excess of the amount identified in
paragraph (1.) above which is attributable to a tax rate levied by a
Taxing Agency for the purpose of producing revenues in an
amount sufficient to make annual repayments of the principal of
and interest on any bonded indebtedness for the acquisition or
improvement of real property shall be allocated to, and when
collected shall be paid into, the fund of that Taxing Agency. This
paragraph (3.) shall only apply to taxes levied to repay bonded
indebtedness approved by the voters on or after January 1, 1989.
The Agency is authorized to make pledges as to specific advances, loans
and indebtedness as appropriate in carrying out the Project. The portion
of taxes allocated and paid to the Agency pursuant to subparagraph (2.)
above is irrevocably pledged to pay the principal of and interest on loans,
monies advanced to, or indebtedness (whether funded, refunded,
assumed, or otherwise) incurred by the Agency to finance or refinance, in
whole or in part, the redevelopment program for the Project Area.
(703) Agency Bonds
The Agency is authorized to issue bonds and other obligations from time
to time, if it deems it appropriate to do so, in order to finance all or any
part of Plan implementation activities.
Neither the members of the Agency nor any persons executing the bonds
are liable personally on the bonds or other obligations by reason of their
issuance.
The bonds and other obligations of the Agency are not a debt of the City,
County, or the State; nor are any of its political subdivisions liable for
them; nor in any event shall the bonds or obligations be payable out of
any funds or properties other than those of the Agency; and such bonds
and other obligations shall so state on their face. The bonds and other
obligations do not constitute an indebtedness within the meaning of any
constitutional or statutory debt limitation or restriction.
ROSENOW SPEVACEK GROUP, INC.
(~~
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PAGE 30
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED CHULA VISTA REDEVELOPMENT PROJECT
(704) Other Loans and Grants
Any other loans, grants, guarantees or financial assistance from the
federal government, the State, or any other public or private source will be
utilized, if available, as appropriate in carrying out this Plan. In addition,
the Agency may make loans as permitted by law to public or private
entities for any of its redevelopment purposes.
(705) Rehabilitation Loans, Grants, and Rebates
To the greatest extent allowed by State Law, the Agency and the City
may commit funds from any source to rehabilitation programs for the
purposes of loans, grants, or rebate payments for self-financed
rehabilitation work. The rules and regulations for such programs shall be
those which may already exist or which may be developed in the future.
The Agency and the City shall seek to acquire grant funds and direct loan
allocations from State and federal sources, as they may be available from
time to time, for the carrying out of such programs.
SECTION VIII (800) ACTIONS BY THE CITY
The City shall aid and cooperate with the Agency in carrying out this Plan and
shall take all reasonable actions necessary to ensure the continued fulfillment of
the purposes of this Plan and to prevent the recurrence or spread in the Project
Area of conditions of blight. Actions by the City may include, but shall not be
limited to, the following:
1. Institution and completion of proceedings for opening, closing,
vacating, widening, or changing the grades of streets, alleys, and
other public rights-of-way, and for other necessary modifications
of the streets, the street layout, and other public rights-of-way in
the Project Area. Sucih action by the City shall include the
requirement of abandonment and relocation by the utility
companies of their operations in public rights-of-way as
appropriate to carry out this Plan, provided that nothing in this
Plan shall be deemed to require the cost of such abandonment,
removal, and relocation to be borne by others than those legally
required to bear such costs.
2. Institution and completion of proceedings necessary for changes
and improvements to publicly-owned parcels and utilities in the
Project Area.
3. Performance of the above and of all other functions and services
relating to public health, safety, and physical development
normally rendered in accordance with a schedule which will permit
the redevelopment of the Project Area to be commenced and
carried to completion without unnecessary delays.
ROSENOW SPEVACEK GROUP, INC.
I~t
PAGE 31
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED CHULA VISTA REDEVELOPMENT PROJECT
4. Imposition, whenever necessary and applicable, of appropriate
design controls within the limits of this Plan in the Project Area to
ensure proper development and use of land.
5. Provisions for administration/enforcement of this Plan by the City
after completion of development.
6. The undertaking and completion of any other proceedings
necessary to carry out the Project.
7. The expenditure of any City funds in connection with
redevelopment of the Project Area pursuant to this Plan.
8. Revision of the City zoning ordinance, adoption of master or
specific plans or execution of statutory development agreements
to penn it the land uses and facilitate the development authorized
by this Plan.
SECTION IX (900) ADMINISTRATION AND ENFORCEMENT
Upon adoption, the administration and enforcement of this Plan or other
documents implementing this Plan shall be performed by the City and/or the
Agency, as appropriate.
The provisions of this Plan or other documents entered into pursuant to this Plan
may also be enforced by litigation or similar proceedings by either the Agency or
the City. Such remedies may include, but are not limited to, specific perfonnance,
damages, re-entry onto property, power of termination, or injunctions. In addition,
any recorded provisions, which are expressly for the benefit of owners of property
in the Project Area, may be enforced by such owners.
SECTION X (1000) PLAN LIMITATIONS
The following financial and time limitations shall apply to this Plan:
(1001) Amount of Cumulative Tax Increment Revenue
The number of dollars of taxes which may be divided and allocated to the Agency
pursuant to Section 33670 of the Redevelopment Law, inclusive of payments to
taxing agencies, shall not exceed the following as listed on Table A:
ROSENOW SPEVACEK GROUP, INC.
13S-
PAGE 32
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED CHULA VISTA REDEVELOPMENT PROJECT
MERGED REDEVELOPMENT PROJECT
REDEVELOPMENT PLAN LIMITS
TABLE A
Cumulative Final Date of Termination
Tax Increment Date to Plan Date
Constituent Area Revenue Limit 2/ Incur Debt 3/ Termination of Revenue
Otay Valley $115,000,000 No Limit 12/29/2024 12/29/2034
Southwest (Original) $150,000,0001/ No Limit 11/27/2031 11/27/2041
Southwest (Amended) included above No Limit 7/9/2032 7/9/2042
Town Centre II (Original) 100,000,000 No Limit 8/15/2019 8/15/2029
Town Centre II (Amended) included above No Limit 7/19/2029 7/19/2039
2003 Amendment Area No Limit May 2024 May 2034 May 2049
1/ Adjusted annually by consumers price index,
2/ No tax increment revenue limit required for amendments to project areas after 1/1/94.
3/ The deadline to incur debt with respect to the Otay Valley, Original Southwest, Amended
Southwest, Original Town Centre II, and Amended Town Centre II Constituent Areas was
eliminated by adoption of the "SB 211 Ordinance" pursuant to Section 33333.6(e)(2) in
January 2004.
(1002) Amount of Bonded Indebtedness Outstanding At Any
One Time
The amount of bonded indebtedness, to be repaid in whole or in part
from the allocation of taxes pursuant to Section 33670 of the
Redevelopment Law, which can be outstanding at one time, shall not
exceed $175 million.
(1003) Time Frame to Incur Indebtedness
The time limit on the establishing of loans, advances, and indebtedness
to be paid with the proceeds of property taxes received pursuant to
Section 33670 of the Redevelopment Law to finance in whole or in part
the redevelopment project shall be the time period as provided on Table
A. These limits, however, shall not prevent the Agency from incurring'
debt to be paid from the low and moderate income housing fund or
establishing more debt in order to fulfill the Agency's housing obligations
under Section 33333.8 of the Redevelopment Law. The loans,
advances, or indebtedness may be repaid over a period of time longer
than this time limit as provided herein. No loans, advances, or
indebtedness to be repaid from the allocation of taxes shall be
established or incurred by the Agency beyond this time limitation. This
limit shall not prevent the Agency from financing, refunding, or
restructuring indebtedness after the time limit if the indebtedness is not
increased and the time during which the indebtedness is to be repaid is
ROSENOW SPEVACEK GROUP. INC,
~
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PAGE 33
AMENDED AND RESTATED REDEVELOPMENT PLAN
MERGED CHULA VISTA REDEVELOPMENT PROJECT
not extended beyond the time limit to repay indebtedness required by
this section.
Provided, however, that the time limits established in this Section 1003
may be extended in the manner provided by applicable law.
(1004) Duration of This Plan
Except for the nondiscrimination and nonsegregation provisions of this
Plan, and recorded covenants implementing the same, which shall
remain in effect in perpetuity, and except as otherwise expressly
provided herein, the provisions of this Plan shall be effective, and the
provisions of other documents fonnulated pursuant to this Plan shall be
effective until the termination date as shown on Table A.
After the expiration of the effective term of the Plan, the Agency shall
have no authority to act pursuant to the Plan except to pay previously
incurred indebtedness and to enforce existing covenants or contracts.
However, if the Agency has not completed its housing obligations
pursuant to Section 33333.8 of the Redevelopment Law, the Agency
shall retain its authority to implement requirements under 33333.8,
including the ability to incur and pay indebtedness for this purpose, and
shall use this authority to complete these housing obligations as soon
as is reasonably possible.
(1005) Time Frame to Collect Tax Increment Revenue
Except as otherwise provided herein or by Redevelopment Law, the
time limitation for the receipt of tax increment and the payment of
indebtedness with the tax increment pursuant to Section 33670 of the
Redevelopment Law the termination date of revenue, as represented
on Table A.
SECTION XI (1100) PROCEDURE OF AMENDMENT
This Plan may be amended by means of the procedure established in Sections
33450-33458 of the Redevelopment Law or by any other procedure hereafter
established by law.
ROSENOW SPEVACEK GROUP, INC.
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PAGE 34
Amended and Restated Redevelopment Plan
Merged Chula Vista Redevelopment Project
Exhibit A - Project Area Map
ROSENOW SPEVACEK GROUP, INC.
137
PAGE 35
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PAGE 37
Amended and Restated Redevelopment Plan
Merged Chula Vista Redevelopment Project
Exhibit C - Listing of Proposed Public Facilities and Infrastructure
Projects
Public Infrastructure Projects
Improvements to Project Area public infrastructure are intended to alleviate traffic
congestion and improve public safety, remove costly impediments to
development, and upgrade Infrastructure to contemporary standards to stimulate
private development. The proposed traffic/circulation improvement projects shall
include, but are not limited to roadways, landscape, street lights, pedestrian
walkways, bridges, intercihanges, roadways, curbs, gutters, sidewalks, parking,
street widening, street lights, traffic signals, over or underpasses, utility
undergrounding, bicycle paths, street medians, trails, and trolley crossings.
The proposed sewer and drainage improvement projects shall include, but are
not limited to, monitoring systems, sewer parallels, drainage, sewer lines,
wastewater treatment facilities, flooding systems, floor control dikes, and sewer
systems. The proposed utility and communication improvement projects shall
include, but are not limited to, electrical distribution systems, natural gas
distribution systems; cable TV and fiber optic communication systems, water
distribution systems, and windbreakers.
Further compliance with General Plan, zoning standards, and environmental
review may be necessary for these proposals to come forward. Projects include,
but are not limited to the following:
1) Street/Entrvwav Beautification. Construct streetscape improvements at key
Project Area locations, including Fourth Avenue and Highway 54.
2) Main Street Improvements. Construct street improvements along Main Street
to improve traffic flows and upgrade character of right-of-way.
3) Broadwav Revitalization. Implement a variety of street and other applicable
improvements along Broadway, from H Street to L Street.
Community Facilities
The proposed community facilities improvement projects shall include, but not
limited to parks, open spaces, schools, school facilities, fire and police facilities,
communication systems, libraries, fire protection, cultural centers, community
centers, city maintenance facilities, plazas, recreational facilities, playgrounds,
and civic center. Further compliance with General Plan, zoning standards, and
environmental review may be necessary for these proposals to come forward.
ROSENOW SPEVACEK GROUP, INC.
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PAGE 38
Amended and Restated Redevelopment Plan
Merged Chula Vista Redevelopment Project
Exhibit D - Diagram of Current Permitted Land Uses
The following map presents the current General Plan land use designations for
the Project Area. As these designations are subject to change, please refer to the
General Plan for more information.
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PAGE 39
PLANNING COMMISSION AGENDA STATEMENT
Item:
Meeting Date: 2/25/2004
.q..
ITEM TITLE:
Public hearing: consideration of a Conditional Use Pennit PCC-03-5l for an
expansion of an existing beer and wine liquor license to include hard liquor
for a retail store located at 72 East "J" Street. The applicant is Mr. Honnan
Razuki.
The Applicant, Mr. Honnan Razuki, has submitted a Conditional Use Pennit application to allow the
Fair Market & Hollywood Pizza store located at 72 East 'T' Street (see Locator) to expand the
existing beer and wine liquor license to include the sale of hard liquor, for off-site consumption.
The Environmental Review Coordinator has reviewed the proposed project for compliance with the
California Environmental Quality Act (CEQA) and has detennined that the project is exempt based
on Section 15301 Categorical exemption pursuant to CEQA guidelines, thus no further
environmental review is necessary.
RECOMMENDATION:
That the Planning Commission deny the Conditional Use Pennit PCC-03-51.
DISCUSSION:
1. Project Background
The Department of Alcoholic Beverage Control (ABC) requested the applicant to obtain
approval of a zoning affidavit as a prerequisite to grant the applicant's request to expand the
current beer and wine license to also pennit the sale of hard liquor for off-site consumption.
The applicant's existing license to sell liquor has been transferred twelve times since the first
issue in 1963. It should be noted that the linage of this pennit extends back to 1945 to a
business on the same parcel but, under different addresses, of which at the time was zoned as
R-l, Single Family Residence Zone. In 1971, the parcel's zone was changed to C-N,
Neighborhood Commercial Zone to have more control over development and maintenance of
the commercial site.
On January 31, 2002, Planning and Building Department staff sent correspondence to the
Department of Alcoholic Beverage Control informing the agency that the City requires a
Conditional Use Pennit to allow the sale of alcohol in the CN, Neighborhood Commercial
Page 2, Item:
Meeting Date:2/25/04
Zone. The ABC has now put Mr. Razuki's liquor license application on hold pending the
City ofChula Vista's approval.
On February 14, 2002, staff was notified that area residents where concerned about the
expansion and that they had notified the Sweetwater Union High School District.
This project was originally scheduled for the December 10, 2003 Planning Commission
hearing but, Staffrequested the hearing be continued to the January 21,2004 where public
hearing was opened and continued to the February 25,2004 regular Planning Commission
meeting. At the meeting,
Mr. Frank Lopez, 731 Brookstone Rd. Unit 101, Clzu/a Vista, CA, opposes 1he expansion of
the present beer and wine liquor license to include hard liquor; he also submitted a document
(Attachment 4) delineating the reasons for his opposition. He further indicated that in his
opinion, the store is successful with its present inventory of selling beer and wine, and does
not need to expand to the sale of hard liquor. Mr. Lopez urged the commission to deny the
proj ect.
Mr. Rodney Garcia, 511 G Street, Chu/a Vista, CA representing the Youth Coalition, stated
that the Coalition supports Mr. Lopez's position. He added that the main concern is the
easier access of alcohol young people will have. He urged the Commission to deny the
project.
2. Project Setting
The Fair Market & Hollywood Pizza store is located in a small neighborhood shopping
center, along with a beauty shop, Mexican restaurant, barbershop and a school food
preparation facility. The site is neighbored by the City ofChula Vista Fire Station #52 to the
east and Hilltop Elementary and Middle School to the west. Additionally, the City ofChula
Vista School District administrative offices is located to the south ofthe project and single-
family detached residential dwellings are located to the north, across the street (see Locator).
3. General Plan Land Use and Zoning
General Plan
Zoning
Current Land Use
Site:
N:
S:
Commercial Retail
Residential
Chula Vista Elementary
School District Offices
Hilltop Middle School
CCV Fire Station #52
C-N
R-l
Neighborhood Commercial zone
Single-Family Detached
E:
W:
R-I
R-I
R-I
Office
Middle School
Fire Station
Page 3, Item:
Meeting Date:2/25/04
4. Project Description
The conditional use pennit application requests approval of an expansion of an existing beer
and wine liquor license to sell hard liquor.
The activities currently conducted at the Fair Market & Hollywood Pizza store include two
commercial components: I) the sale of dry good and grocery items; and 2) walk-in and take-
out food services, including the sale of on-site beer and wine sales. The hours of operation
are MondaythruFriday from 7:00 am to 9:00 pm and Saturday and Sundays from 8:00 am to
9:00 pm.
5. Project Data
Assessor's Parcel Number: 574-281-61-00
General Plan Designation: CR, Commercial Retail
Current Zonin\!: CN, Neighborhood Commercial Zone
Lot Area: 1.1 acres
6. Staff Analysis
Pursuant to Chapter 19.34, CN, Neighborhood Commercial Zone of the Chula Yista
Municipal Code (CYMC), Section 19.34.030 H., the sale of alcoholic beverages for off-site
use or consumption requires approval of a Conditional Use Pennit by the Planning
Commission.
In accordance with 19.14.030, a Conditional Use Pennit for an establishment that sells
alcohol shall not be granted unless substantial evidence exists that the approval ofthe pennit
wi1l not result in an over concentration of facilities pennitted to sell alcohol. Over
concentration of such facilities may be found to exist based on (a) the number and location of
existing facilities; (b) compliance with State Alcohol Beverage Control over concentration
standards; (c) the impact ofthe proposed facility on crime; and (d) the impact ofthe proposed
facility on traffic volume and traffic flow. The following paragraphs discuss in more detail
these items:
Number and Location of Existing Facilities
The number and location of facilities pennitted to sell alcohol addresses over concentration
by geographical area (city block, street, neighborhood) compared to ABC's criteria of
licenses per Census Tract (discussed below). The applicant's place of business is unique
because it is the sole parcel zoned for commercial use in the area, and is surrounded by a
residential (R-I, single family detached) zoned neighborhood (see locator) where liquor
establishments do not exist. Therefore number and location of existing facilities does not
constitute an over concentration ofliquor licenses.
Page 4, Item:
Meeting Date:2/25/04
Over Concentration
The Department of Alcoholic Beverage Control (ABC) detennines over concentration of
establishments that sell alcohol by United States Census Tract. The applicant is only one of
three pennitted liquor licenses that have been issued by the ABC within the United States
Census Tract 134.01 (see Attachment 5). The application to expand the current license to
sell beer and wine to also include the sale of hard liquor will result in no change in amount of
licenses to sell liquor in the Census Tract. Therefore the applicant's request does not
constitute an over concentration ofliquor licenses.
Impact on Crime
Pursuant to California Business and Professions Code 23 789b, the purchase ofliquor is an
adult activity that is regulated by the Department of Alcoholic Beverage Control (ABC).
The ABC is specifically authorized to refuse the issuance of a liquor license for premises
located within at least 600 feet of schools and public playgrounds.
The business hours span the nonnally scheduled school day and continue throughout the
scheduled school extracurricular functions during the weekday and weekend. This
establishment is in close proximity to both an elementary and middle school with a combined
student population of approximately 1750* students. The Sweetwater Union High School
District is "not supportive" of such expansion (see letter from the School District,
Attachment 3). Additionally, the City of Chula Vista's Police Department is strongly
recommending that the Planning Commission deny the expansion of the beer and wine
license. It is the Police Department's expert opinion that such an expansion of a liquor
license for a facility in close proximity to two school facilities (less than 600 feet away)
could create a significant impact on the safety and well being of the neighborhood (see letter
from the Police Department, Attachment 2).
*Average student population of 550, City of Chu/a Vista Elementary School District, average student
population of 1200, Sweetwater Union High School District,
Impact on Traffic
The City of Chula Vista Traffic Engineering Division does not anticipate an increase to
traffic volume or traffic flow as a result of expanding the liquor license. Therefore traffic is
not a consideration in evaluating this pennit application.
7. Conclusion
Although there is no over concentration as defined by ABC in the immediate vicinity, and the
expansion of the liquor license will not result in a increase in traffic, these criteria are
overshadowed by the fact that the purchase and consumption ofliquor are adult activities in
close proximity to schools and other youth activity areas, thus this land use is not desirable.
For this reason the City Staff, including the Police Department, recommend that the Planning
Commission deny Conditional Use Pennit PCC-03-51.
Page 5, Item:
Meeting Date:2/25/04
Attachments
I. Planning Connnission Resolution
2. Police memo
3. Letter from the School District
4. Mr. Frank Lopez's opposition statistics
5. Census Map
6. Disclosure Statement
J :\Planning\RY AN\My Documents\ West_ CV\PCC\PCC -03-51_ PCAS2,DOC
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CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT PROJECl' DESCRIPTION:
~ APPLICANT, HOMAN RAZUKI CONDITIONAL USE PERMIT
PROJECT 72 E."ST .oj" STREET -
ADDRESS, FAIR "IARKET & HOLLYWOOD PIZZA Request: Proposal to extend existing liquor license
to sell hard liquor.
SCALE: FILE NUM8ER:
NORTH No Scale PCC-03..51
j:lhomelplanninglcherrylcllocatorslpcc0351,cdr 01.14.03
RESOLUTION NO. PCC 03-51
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION DENYING CONDITIONAL USE PERMIT PCC-
03-51, FOR AN EXPANSION OF AN EXISTING BEER AND
WINE LIQUOR LICENSE TO INCLUDE HARD LIQUOR FOR
OFF-SITE USE AND CONSUMPTION AT 72 EAST "J"
STREET, WITHIN C-N ZONING DISTRICT. - HORMAN
RAZUKI
WHEREAS, a duly verified application for a Conditional Use Permit was filed with the
City of Chula Vista Planning Division on January 2,2003, by Horman Razuki ("Applicant"); and
WHEREAS, said applicant requested an expansion of an existing beer and wine liquor
license as defined in section 19.34.030 H. of the Municipal Code, to include the sale of hard
liquor for off-site use or consumption ("Project") at 72 East "J" Street, within the CN,
Neighborhood Commercial zone. ("Project Site"); and
WHEREAS, the Environmental Review Coordinator, in compJiance with the California
Environmental Quality Act (CEQA) has concluded that this project is exempt based on Section
15301 Categorical exemption pursuant to CEQA guidelines; and,
WHEREAS, the Planning Director set the time and place for a hearing on said
Conditional Use Permit appJication 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 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 December
10,2003, at 6:00 p.m. in Council Chambers, 276 Fourth Avenue, before the Planning
Commission; and said hearing was thereafter closed; and
WHEREAS, after considering all reports, evidence, and testimony presented at said
public hearing with respect to the conditional use permit application, the Planning Commission
voted _to deny the Conditional Use Permit; and,
WHEREAS, the Planning Commission of the City of Chub Vista does hereby make the
following findings required by the City's rules and regulations for the denial of Conditional Use
Permit application PCC-03-51, as herein below set forth, and sets forth, there under, the
evidentiary basis that permits the stated findings to be made.
1. That the proposed use at this locatiou is necessary or desirable to provide a service
or facility, and will not contribute to the general well being of the neighborhood or
the community.
The Department of Alcoholic Beverage Control (ABC) determines over concentration of
establishments that sell alcohol by United St'!tes Census Tract. The applicant IS one of
three pern1itted liquor licenses that have been issued by the ABC within the United States
Census Tract 134.01, therefore does not constitute an over concentration based on the
Attachment 1
number and location of existing facilities. However, the sale of hard liquor in close
proximity to an elementary and middle school is neither desirable nor necessary. In
addition, the sale of hard liquor, according to the Police Department, could increase crime
activity in the area to the detriment of the surrounding residential neighborhood.
2. That such use will uuder the circumstances of the particular case be detrimental to
the health, safety or geueral welfare of persons residing or working in the vicinity or
injurious to property or improvements in the vicinity.
The hours of operation for Fair Market & Hollywood Pizza are Monday thru Friday from
7:00 am to 9:00 pm and Saturday and Sundays from 8:00 am to 9:00 pm. These business
hours span the normally scheduled school day and continue throughout the scheduled
school extracurricular functions during the weekday and weekend. This is an
establishment in such close proximity to both an elementary and middle school, that its
exposure to the over 1750 students that attend these institutions cannot be avoided. It is
the Police Department's expert opinion that such an expansion of a liquor license for a
facility that is less than 600 feet away from a school and in such close proximity to
another school will be detrimental to the health, safety and essential welfare of the
immediate residential neighborhood.
3. That the proposed use will comply with the regulations and conditions specified in
the code for such use.
The City of Chula Vista Traffic Engineering Division does not anticipate an increase to
traffic volume or traffic flow as a result of the approval or denial of this permit.
A consideration of such a permit to a site that is within 600 feet of a Sweetwater Union
High School District school, Hilltop Middle School, does not comply with the regulations
and conditions specified in the code for such use. The purchase of liquor is an adult
activity that not supported in close proximity to schools and public playgrounds. The
Sweetwater Union High School District and the Chula Vista Police Department is :'not
supportive" of such a liquor license expansion.
4. That the granting of this Conditional Use Permit will not adversely affect the
General Plan of the City or the adopted plan of any government agency.
The General Plan does not address liquor licensing, thus, the project if approved could be
in substantial conformance with the General Plan.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
deny Conditional Use Permit PCC-03-51 in accordance with the findings contained in this
resolution.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA
VISTA, CALIFORNIA, this 25st day of February, 2094, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Steve Castaneda, Chair
ATTEST:
Diana Vargas, Secretary
J:\P!anning\RY AN\My Documents\West CV\PCC\PCC -OJ-51_R! .doc
MEMORANDUM
DATE: February 18, 2004
TO: Honorable Members of the Chula Vista Planning Commission
Jim Sandoval, Director of Planning and Building
FROM: Bartt Benjamin, Peace Officer, Chula Vista Police Department
SUBJECT: Application to Expand East 72 J Street Liquor License
This memorandum outlines the Chula Vista Police Department's opposition to the granting ofa
conditional use pennit, which would allow the owner of 72 East J Street to sell distilled spirits in
addition to beer and wine.
The Police Department feels the sale of distilled spirits, in addition to beer and wine, has a
greater negative impact on a neighborhood than just selling beer and wine alone. That explains
one of the reasons why there are different licenses for the two different activities. It well
documented that distilled spirits are abused more than beer and wine and are more closely
associated with a significant increase in an area's crime rate. Many problem drinkers who abuse
alcohol in public prefer distilled spirits and obtain their beverages from off-sale sites. Some have
a tendency to do their drinking in areas adjacent to such sale sites. The close proximity of take-
out food to an off-sale site also increases the probability of individuals consuming alcohol in
public. As a result, there is usually an increase in crime and littering (alcoholic beverage
containers) in and around such establishments. To put it simply, more choices mean more sales
and more alcohol-related problems, especially when the new product being sold is more directly
linked to criminal and socially unacceptable behavior.
The negative impacts mentioned above are even more serious when a school is near the
establishment selling alcohol. In the case of East 72 J Street, the applicant's one-acre parcel is
adjacent to Hilltop Middle School (enrollment: 1,250). In fact, the distance between the store's
front door and the closest classroom building is less than 200 feet away. Furthennore, an
elementary school's playground area (Hilltop - enrollment: 325) is 1000 feet to the west.
Because of this, a large number of students will pass by and frequent the applicant's restaurant
and market (e,g., buying colas, candy, snacks, etc.), where the distilled spirits will be readily
visible. Accordingly, the Police Department is worried about the exposure of younger children
to alcohol, the increased likelihood of encounters between intoxicated individuals and children
(which tends to legitimize that behavior in their eyes), and the commission of crimes which
might affect/involve children.
In short, we believe the expansion of the liquor license at East 72 J Street will be detrimental to
the general welfare of the school, its students, and the surrounding single-family neighborhood.
Therefore, we recommend denial of the conditionalus_e permit.
Attachment 2
D.c-02-03 01:04pm From-Sw"twat,r UHSD Plannina
+619420-0339
T-163 P 002/002 F-706
~
SWEEtWATER
UNION HIGH SCHOOL OISlRICT
December 2, 2003
Mr Ryan Goodness
City of Chula Vista
276 Fourtb Avenue
Chula Vista, CA9l9l0
Dear Mr. ooodness:
Re: PCC 05-3JlExpanlkd Liquor License-72 East J Street, Chula Vista
The Sweetwater Union High School District is not supportive of expanding tbe liquor
license on the above project because of its close proximity to both Hilltop Middle and
Hilltop High Schools,
If you have any questions concerning this decision, please contact me at 691-5553,
Sincerely,
K~:l~j1K
Director of Planning & Construction
KW/sl
fD)~t~~%7~~
lrU DEC 0 3 2003 ~
-..
PLANNING
fee - tJ g - 5" I
Dt:purtmet'IC ofPI:mnmg &: ConstIUctJon
1130 Fifth Avenue, Chulu. Yi:.1a.., -California ?1?1 J
619-691-5553'" Business 6194:20-0339. F:tx
kat)'. wrisfll@suhsd.k12.C;'\,us
Attachment 3
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7 3 I J:} l,' ,U/-:j')I'J.' ,f L' il /.~' /
(hu/p I/;~)/ ("/}/ C;','0'/:;
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o..-/--"~ r ........,... J
---..) /
City of Chula Vista - Plauning Commission
January 20, 2004
Recommendation:
To deny the proposed conditional use permit (CUP) for the off-sale of general alcoholic
beverages at 72 East J Street, Chula Vista, CA.
J ustification/S tatistics:
. An addi1ional alcohol license is unnecessary in this area ofChula Vista.
. The location is 528 feet rrom Hilltop Middle School (44 East J Street, Chula
Vista).
. Chula Vista Municipal Code (CVMC) 23789 states:
(b) The department is specifically authorized to refuse the issuance, other than
renewal or ownership transfer, of any retail license for premises located within at
least 600 feet of schools and public plavllrounds or nonprofit youthfacilities,
including, but not, limited to, facilities serving Girl Scouts, Boy Scouts, or Campfire
Girls. This distance shall be measured pursuant to rules of the department
. It is also 2,112 Feet rrom Hilltop Elementary, HTHS, and Hilltop Park (780 Hilltop Drive).
Children and youth are rrequenting this area as they go to and rrom school. The
possibili1y of having an additional license in this area increases general risk to
public health and safety.
Research studies have found that by adding a single alcohol oullet:
=> 2.7 additional motor vehicle accidents occur (Scribner, 1999)
=> 3.4 additional assaults occur (Scribner, 1999)
=> 5% increase risk of murder (Roncek/Maier, 1991)
=> Increase violent crimes committed by youth (AlanizlParker, 1998)
Concerns:
An additional alcohol license has the potential to increase crime and may therefore....
a. Reduce resident quality oflife, safety and security
b. Increase the need for police services.
For the safety and security of us residents living in Chula Vista, I urge you to make
informed decisions, and not reduce the quality oflife for us, by adding more alcoholic
beverages (hard liquor) in the oullet near a school.
Attachment 4
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o Appendix B 0
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
You are required to file a Statement of Disclosure of certain ownership or financial interests, payments,
or campaign contributions, on all matters which will require discretionary action on the part of the City
Council, Planning Commission, and all other official bodies. The following information must be disclosed:
1. List the names of all persons having financial interest in the property which is the subject of the
application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier.
1i6MAi--I /ZAzvIL-\
2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals owning more than 10% of the shares in the corporation or owning any partnership interest
in the partnership.
3. If any person' identified pursuant to (1) above is non-profit organization or a trust, list the names of
any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of
the trust.
.-
4. Have you had more than $250 worth of business transacted with any member of the City s~'
Boards, Commissions, Committees, and Council within the past twelve months? Yes _ No
If yes, please indicate person(s):
5. Please identify each and every person, including any agents, employees, consultants, or
independent contractors who you have assigned to represent you before the City in this matter.
6. Have you and/or your officers or agents, in the aggregate, contributed mOre than $1,000 to a
Councilmember in the current or preceding election period? Yes No V If yes, state which
Councilmember(s):
(NOTE: ATTACH ADDITIONAL PAGES AS NECESSARY)
Date:
f2 /IR'/cz.-
/'1 ~
ignature of co actor/applicant
_,...J-\oMA1'-1 ~ ZU~ I
Print or type name of contractor/applicant
. Person IS defined as: "Any individual. firm, co-parmership. Joim venture, association, social ciuo. freater11iJ/ orgal1i=ation. corporation,
estate, trust, receiver, syndicate. this and any other counry. city and country. CIty municipality. district. or ather political subdivision. or any
other 'i!roun or combmGlIon aC{Inf! as a unit"
Attachment 6