HomeMy WebLinkAboutPlanning Comm Reports 2004/02/11 (2)
PLANNING COMMISSION AGENDA STATEMENT
Item:
Meeting Date: 2/11/04
I
ITEM TITLE: PUBLIC HEARING: PCC 03-100: Consideration ofa Conditional Use Permit
to construct and operate a 24-hour gas station, food mart, and an automated
carwash at 765 E Street Attisha Enterprises, Inc.
The applicant, Attisha Enterprises, Inc., has filed a Conditional Use Permit to construct and operate a
24-hour gas station and food mart with sales of bccr and winc, and an automated carwash to be
located at the northeast corner ofE Strcct and 1-5 corridor (scc Locator Map).
The Environmental Review Coordinator has rcviewcd the proposed project for compliancc with the
California Environmental Quality Act and has conducted an Initial Study, IS 03-033, in accordance
with the California Environmental Quality Act. Bascd upon thc results of thc Initial Stuuy. the
Environmental Review Coordinator has determined that the projcct could rcsult in significant effects
on the environment. However, revisions to the project made by or agreed to by the applicant would
avoid the effects or mitigate the effects to a point whcrc clearly no sigm ficant effccts would occur;
therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-
03-033 (scc Attachment 4).
RECOMMENDATION:
I. Consider and adopt Mitigated Negative Declaration IS-03-033;
2. Adopt attached Resolution PCC 03-100 approving a Conditional Use Permit PCC 03-100, based
on the findings and subject to the conditions contained therein.
DISCUSSION:
I. Background
On January 5, 2004, the Resource Conservation Commission reviewed the environmental issucs
related to thc project and recommended approval ofthe Mitigated Negative Declaration. A separate
recommendation of the RCC also aduressed the issue of this project being at one of the City's
gateways. Specifically, they recommended that the DRC give careful consideration to the
landscaping and aesthetic aspects of the building relative to the sites gateway location.
On January 26, 2003, the Design Review Committee considered and approved the site plan and
architectural elevations for the proposed gas station and carwash (DRC 03-78), subject to certain
conditions. The applicant has agreed to the conditions of approval (see Attachment 2).
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Page No.2, Item:
Meetin~ Date: 2/11/04
2. Existing Site Characteristics
The project involves 0.82 acres (35,600 square feet) located at the northeast corner ofE Street and 1-
5 corridor (see Locator). The site, which was formerly occupied by a full service Mobil gas station
and convenience store, is relatively flat and contains a 1,700 square foot building and a 1,000 square
foot canopy. The use was abandoned and closed in 2002, and the underground tanks removed.
3. Zoning and Land Use
Site Orientation General Plan CV Municipal Existing Land Use
Code ZoninQ
Site Commercial Visitor Commercial Existing fenced convenience store and gas
Visitor station canopy (to be removed)
North Commercial Visitor Commercial Motel
Visitor
South Commercial Retail Commercial Chula Vista Visitor Center and Trolley
Visitor Station across E Street
East Commercial Visitor Commercial McDonald's drive through restaurant
Visitor --
West Open Space & Commercial Trolley Tracks and 1-S corridor
Freeway Visitor
4. Proposal
The applicant is requesting the approval of the Conditional Use Permit for the following land uses
(see Locator and Figure I):
I) A 24-hour gas station with four islands and 16 fueling positions for self-service gasoline
sales under a 4,854-square foot canopy. The service station will include two underground
storage tanks, a trash enclosure, one air and water unit, and one vacuum unit, landscape and
parking areas (see Figure I). No public pay phones are proposed at this time, possibly in the
future.
2) A 2,997-square foot, 24-hour food mart with beer and wine sales for off-site consumption
from 8:00 a.m. to 11:00 p.m.. Fifteen parking spaces are provided for customers visiting the
food mart only. It is anticipated that 5-8 employees will operate in three shifts with typically
one to two employees on duty each shift.
3) A 968-square foot, automated carwash, operating seven days a week from 7:00 a.m. to 11:00
p.m. The automated carwash is located at the westernmost portion of the site with the
water/air and vacuuming unit at east edge of the food mart. The drive aisle from the trash
enclosure to thc carwash entry can accommodate approximately 8-9 cars, which will
minimize potential stacking problems (see Figure 1). Although the carwash could potentially
create a large volume of water, the carwash operations will recycle over 95% of the water,
and the cars will be dried with an auto air system so that very little or no water will leave the
site. The applicant anticipates 40-50 cars per day.
1-1.
Page No.3, Item:
Meetinf.: Date: 2/11/04
5. Analysis:
In accordance with Section 19.38.030 of the Chula Vista Municipal Code (CVMC), a Conditional
Use Pernlit (CUP) is required for the Project. The following paragraphs provide a detail analysis of
the proposed land uses:
Gas station
The proposed gas station is conveniently located at the northeast corner of E Street and the 1-5
corridor, and is intended to serve travelers along the 1-5 corridor and other surrounding businesses
and residents. The nearest gas station serving this area are the Arco station on the northeast corner of
E Street and Broadway, and Gas Depot gas station at the northwest corner- approximately 1,600 and
1,700 feet or 0.3 and 0.4 mile east of the project site, respectively (see Figure 2). There is no
minimum distance separation required by State law for gas station location.
E Street is a 4-lane Major Street serving as an east/west connection from 1-5 to the westerly portion
ofthe City. The City's General Plan designates E Street as a "Freeway oriented Gateway" to the city
from 1-5. The General Plan stipulates: "A freeway oriented gateway should identify this section ofl-
5 as significantly different from the remainder of the freeway". The DRC reviewed and approved
the design of the project on January 26, 2003. The proposed gasoline station at this "gateway"
location will provide additional necessary and convenient services to residents and businesses in the
area as well as 1-5 motorists.
The gas station proposes two driveways from E Street for ingress and egress (see Figure I). Due to
the close spacing of the two proposed driveways, and the westerly driveway's proximity to the
trolley tracks and the 1-5 northbound ramps, there could be potential vehicle conflicts and safety
conccrns ifleft turns are allowed from the westerly driveway. The project has been conditioned that
thc westerly driveway shall be restricted to right-in/right-out only, and a "No Left Turn" sign be
posted. Also, a portion of the two way left turn lane will be converted to a raised median to only
allow left turns into the easterly driveway. The proposed median will not impact the operation ofthe
Chula Vista Infornlation Center and transit station to the south.
The parking required for the gas station, food mart, and carwash operations is 15 on-site spaces for
both patrons and employees. The applicant is providing 15 on-site spaces (including one van
accessible space) to ensure that adequate parking is provided (see Figure I).
The food mart and gas station canopy have been designed with a contemporary appearance, resulting
in a well integrated component of the overall visitor commercial uses within the area. The building
design and complementary landscaping program (which was approved by the DRC on January 26,
2003) will contribute significantly to establishing an attractive image of the "Gateway" concept into
Chula Vista (see Attachment 2 and Figure 1). Also, the 24-hour operation of the gas station will
provide additional security within the immediate area.
Carwash
The proposed automated carwash will provide a necessary and convenient service for residents ofthe
surrounding area and passerby motorists in an area where car wash service is limited to existing self-
serve facilities near the project site at Woodlawn and E Street, and at the northeast corner ofF Street
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Page No.4, Item:
Meetinl( Date: 2/11/04
and Broadway, approximately 0.7 miles southeast ofthe project site. The nearest automated carwash
with attendants is located at the northeast corner ofH Street and Broadway, approximately 1.4 miles
from the project site (see Figure 2).
The project is not anticipated to result in any significant noise impacts to noise-sensitive land uses in
the immediate vicinity (i.e. motel), as determined by the Mitigated Negative Declaration (see
Attachment 5). The closest single-family residential land uses are located approximately Y2 mile to
the east and II. mile to the south, across Broadway. Compliance with the noise control ordinance of
thc Chula Vista Municipal Code, which regulates the maximum one-hour average sound level that
can be generated at the property line, is mandatory for any activities occurring on-site.
The facility is designed to recycle 95% of the water on-site. To prevent runoff, automatic air
blowers shall be a standard carwash feature used on every vehicle at the carwash exit. Additional
runoff from the proposed site will be directed to the adjoining Public Street or other drainage
facilities as determined by the City Engineer.
Hours of Operation
The CVMC does not stipulate specific hours of operation for a gas station or carwash within the
Visitor Commercial zone- instead, it is determined as part of the Conditional Use Permit process.
The applicant requests authorization for 24-hour operations for gasoline sales and food mart. The
request is based on economics as well as security and convenience to the customers served by the gas
station and food mart. The gas station is located along E Street, a 4-lane Major Street, and
appropriately sited near the 1-5 corridor that cater to travelers; the nearest residence is located
approximately 350 feet to the north. Because of this location, the impact on the City's residential
areas is negligible. The proposed 24-hour gas station and food mart is located near the interchange
ofI-5 and E Street, and is intended to provide fueling services to residents ofthe surrounding areas
and commuters.
The proposed hours of operation for the carwash service are [rom 7:00 am to II :00 pm daily.
Food Mart Sale of Alcohol
The applicant's proposed sale of alcohol at the food mart would be limited to the hours from 8:00
a.m. to II :00 p.m. daily. This time period is not mandated in the City of Chula Vista Municipal
Code for hours of operation within a Commercial Visitor (CV) zone.
The sales of alcohol at the Project location would require that the applicant obtain a liquor license
from the State Alcohol Beverage Control (ABC) agency based on recommendations from the Chula
Vista Police Department. In addition, the Conditional Use Permit granted to the applicant by the
City must not prohibit alcohol sales.
From the land use perspective, it is customary for food-marts to have beer and wine sales. The food
mart with sale of beer and wine is consistent with the types offood-marts that are associated with a
gas station found within a commercial thoroughfare, such as the subject property. The food mart
with sales of beer and wine would provide a desirable service to the patrons of the immediate gas
station, and car wash, adjacent motel, existing business community, nearby residents and the general
( -Li
Page No.5, Item:
Meeting Date: 2/11/04
public.
However, in a letter to the ABC dated April 7, 2003, the Chula Vista Police Department
recommended denial of the applicant's request ofa license for the sale of beer and wine. In that
lctter (see Attachment 4), the Police Department noted that there is an over concentration ofliquor
licenses in the area with 6 allowed and 10 existing and the Project location resides in a high crime
arca with the general threshold at 120% and the existing nearly 420%. The Chula Vista Police
Department commented that no response from the State ABC Board has been received to date.
As such, Staff recommends that the request for sale of beer and wine within the food mart not be
approved based on the Chula Vista Police Department findings of the relationship between the sale
of alcohol (especially off-sale) and increased crime rates, and the fact that there are already 10
existing liquor licenses in the Project area. Staff has included a condition requiring the applicant to
exclude the sale of beer and wine in the food mart retail operation until such time that the
concentration of alcohol sales establishment and/or the general crime threshold within the vicinity
declinc within an acceptable threshold.
CONCLUSION
For the reasons mentioned above, staff recommends approval of the Conditional Use Pernlit subject
to the conditions contained in the attached Planning Commission Resolution.
Attachments
1. Planning Commission Rcsolution
2. ORC 03-78 Conditions of Approval, Minutes & Elevations
3. Figures:
Figurc 1. Site Plan - project
Figure 2. Gas Station radius map
4. City of Chula Vista Police Department letter dated April 7,2003
5. Mitigated Negative Dcclaration IS-03-033
6. Ownership Disclosure Statements
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CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PRQJEGf ATTISHA ENTERPRISES PROJECT DESCRIPTION:
C9 APPliCANT: ARGO AM/PM CONDITIONAL USE PERMIT
PROJECT Request: CUP for removaVdemo of the existing service station to
ADDRESS: 765 E STREET
a new ARCO AMlPM gas station and a convenience store with a
SCALE: FILE NUMBER: C8rwash facility.
NORTH No Scale PCC-03-100 Related Case(s): DRG-03-78, 15-03-033
j:\cherylclIocatorsllocators04Ipcc03100.cdr 02.05.04
1-- b
RESOLUTION NO. PCC 03-100
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION APPROVING A CONDITIONAL USE PERMIT TO
CONSTRUCT AND OPERATE A 24-HOUR GAS STATION AND FOOD
MART, AND AN AUTOMATED CARWASH, LOCATED AT 765 E STREET.
- A TTlSHA ENTERPRISES, INC.
WHEREAS, on May 8, 2003 a duly verified application for a Conditional Use Permit
was filed with the City ofChula Vista Planning and Building Department by Attisha Enterprises,
Inc. ("Applicant"); and,
WHEREAS, said application requests approval of a Conditional Use Permit to construct
and operate a 24-hour gas station and food mart with salcs of beer and wine, and an automated
carwash, at 765 E Street ("Project"); and,
WHEREAS, the area of land which is the subject matter of this Resolution is
diagrammatically represented in Exhibit "A", and consists of approximately 0.82 acres, located
at the northeast corner of"E" Street and 1-5 corridor ("Project Site"); and,
WHEREAS, The Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act and has conducted an Initial
Study, IS-03-033, in accordance with the California Environmental Quality Act. Based upon the
results of the Initial Study, the Environmental Review Coordinator has determined that the
project could result in significant effects on the environment. However, revisions to the project
made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point
where clearly no significant effects would occur; therefore, the Environmental Review
Coordinator has prepared a Mitigated Negative Declaration, lS-03-033; and,
WHEREAS, the Director of Planning and Building set the time and place for a hearing on
said Conditional Use Permit application and notice of said hearing, together with its purpose,
was given by its publication in a newspaper of general circulation in the City, and its mailing to
property owners 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 February
II, 2004 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed; and,
WHEREAS, the Planning Commission considered all reports, evidence, and testimony
presented at the pub1ic hearing with respect to subject application.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
FINDS AS FOLLOWS:
ATiJiACHMENT 1
[~ 7
Resolution PCC-03-100
Page 2
1. That the proposed use at this location is necessary or desirable to provide a service or
facility which will contribute to the general well being of the neighborhood or the
community.
Gas Station, Carwash and Food Mart
The proposed gasoline station, food-mart and carwash will provide a necessary and
convenient service to surrounding commercial and residential neighborhoods, as well as to
motorists traveling 1-5 corridor and E Street. The Project's 24-hour operation will provide
sales of gasoline and other convenience items to people working night shifts or leaving home
in the cady morning hours.
Sale ofI3ccr and Winc
The Police Department reports that there is an over concentration of liquor licenscs in thc
area with 6 allowed and 1 () existing, and it is a high crime area. Thc Cflmc ratc gcncral
thrcshold is 120% and thc cxisting is nearly 420%. Thc salc ofbccr and winc althis location
would therefore not contribute to the general well being of the neighborhood or the
community because of the well known relationship between the sale of alcohol (especially
off-sale) and increased crime rates. A condition has been included requiring thc applicant to
exclude the sale of beer and wine in the food mart retail operation until such time that the
concentration of alcohol sales establishment and/or the general crime threshold within the
vicinity decline within an acceptable threshold.
2. That such use will not, under the circumstances of the particular case, be detrimental to
the health, safety, or general welfare of persons residing or working in the vicinity or
injurious to property or improvements in the vicinity.
Gas Station, Carwash, and Food Mart
As indicated previously, the proposed gas station, food mart and carwash will provide a
convenient service to area residents and freeway commuters. Customers can use the gas
station services and utI lize the carwash and food mart. The result is a potential reduction in
trips to the other gas stations in the area located approximately 0.3 and 0.4 miles east. The
food mart is located approximately 350 feet from the nearest existing residential area,
providing easy accessibility to convenient items.
The food mart and gas station canopy have been designed with a contemporary appearance,
resulting in a well integrated component of the overall visitor commercial uses within the
area. The building design and complementary landscaping program will contribute
significantly to establishing an attractive image of the "Gateway" concept into Chula Vista.
Also, the 24-hour operation of the gas station will provide additional security within the
immediate area due to its visibility at a major thoroughfare.
(~~
Resolution PCC-03-JOO
Page 3
The proposed gas station, food mart and carwash, as conditioned, will not adversely affect
on- or off-site circulation, and potential visual impacts are being minimized through
increased landscape buffering. Potential water damage to public improvements and stornl
water contamination concerns associated with the carwash are being minimized through the
use ofBMPs, including auto air blowers to facilitate drying.
Sale of Beer and Wine
As indicated above, due to the over concentration of liquor license within the area and
excessive criminal activity, the Chula Vista Police Department protested the sale of beer and
wine request and recommended denial from the ABC. Based on the Police Department
findings of over concentration and excessive criminal activity, the sale of beer and wine at
this location would be detrimental to the health, safety, or welfare of persons residing or
working in the vicinity. A condition has been included requiring the applicant to exclude the
sale of beer and wine in the food mart retail operation until such time that the concentration
of alcohol sales establishment and/or the general crime threshold within the vicinity decline
within an acceptable threshold.
3. That the use will comply with the regulations and conditions specified in the code for
such use.
Gas Station, Carwash, and Food Mart
The applicant, and successor in interest are required to comply with the Conditional Use
Permit PCC-03-100 conditions of approval, regulations of the Chula Vista Municipal Code,
and other applicable regulatory documents. The Planning Commission does hereby find that
the conditions herein imposed on the grant of pernlit or other entitlement herein contained is
approximately proportional both in nature and extent to the impact created by the proposed
development.
4. That the granting of the Conditional Use Permit will not adversely affect the general
Plan of the City or the adopted plan of any governmental agency,
Gas Station, Carwash. and Food Mart
The proposed land uses are consistent with the General Plan land use element and the City of
Chula Vista Municipal Code.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION IN LIGHT OF
THE FINDINGS ABOVE, hereby grants approval of the Conditional Use Permit subject to the
following conditions:
1. This Conditional Use Permit shall be limited to the 24-hour gas station, carwash and
convenience store. The sale of alcohol on the premises is not allowed.
I-q
Resolution PCC-03- I 00
Pa~e 4
2. The carwash hours of operation shall be limited to 7:00 am to 11 :00 pm daily.
3. There shall be no video games associated with or a part of the operation.
4. Any additional sales activity outside the food mart building shall require amendment to this
Conditional Use Permit, and subject to the applicable regulations at that time.
5. Any outside pay phone shall be incapable of receiving incoming calls. Should such a pay
phone attract loitering or otherwise be overused by juveniles, it shall be removed at the sole
discretion and direction of the Zoning Administrator in consultation with the Police
Department.
6. At the discretion of the Police Department, the applicant shall provide a video surveillance
security system for the food mart. The camera system shall be monitored by the food mart
staff, be recorded (with time and date stamp). The recorded video shall be kept for a 120-day
period should it be needed for an investigation or court hearing. In the event the City
determines that security problems exist on the site, additional security measures or other
additional conditions to mitigate security problems may be required.
7. Implement the security recommendation of the Crime Prevention Unit of the Police
Department, including access control, surveillance detection, and police response and
ongoing training of management and employees in security procedures and crime prevention.
Implementation of these recommendations shall coincide with the commencement of
operations.
8. The applicant shall contact the Police Department Crime Prevention Unit for a security
evaluation of the site prior to occupancy. Employee training in emergency procedures that
shall be conducted to the satisfaction of the Police Department prior to occupancy.
9. The carwash shall not result in a net increase in water consumption, and the applicant shall
participate in the water conservation or fee offset program the City of Chula Vista has in
effect at the time ofbuilding permit issuance.
10. The carwash location, technology and related drainage facilities shall be designed and
constructed so as to prevent damage to pavement or other in frastructure from water from the
carwash operation being carried off-site, to provide a means to collect and retain potentially
toxic material, and to use recycled water to the extent possible.
I I. Prior to final approval of occupancy permit, the applicant shall be responsible for the
bonding and construction of a raised median in the E Street median in front of the westcrly
driveway to the satisfaction of the City Engineer.
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Resolution PCC-03-l 00
Page 5
12. All equipment used for the facility shall be shielded and soundproofed so that any noise
emanating there from, as measured from any point on adjacent property, shall be no more
audible than the noise emanating from the normal street traffic at a comparable distance.
13. The applicant shall obtain a permit from the Fire Department for the installation or removal
of underground tanks and for related piping and dispenser installation prior to issuance of the
building permit.
14. Obtain a permit from the Fire Department for dispensing of flammable liquids prior to
issuance of the certificate of occupancy.
15. Pre-cast concrete landscape pots shall be provided at each end of the pump islands in
accordance with the approved site plan. Landscaping located in said pots shall be maintained
in a thriving condition.
16. Fire hydrants together with an adequate water supply shall be installed at locations approved
by the Fire Marshal. One 60BC fire extinguisher is required for the pump islands, and one
2AlOBC fire extinguisher is required for the store/office area.
17. Prior to, or in conjunction with the issuance of each building permit, pay all applicable fees,
including permit processing and development impact fees.
18. Submit a "Recycling and Solid Waste Management Plan" to the Conservation Coordinator
for review and approval as a part of the permit process. The plan shall demonstrate those
steps the applicant will take to comply with the Municipal Code, including but not limited to
Sections 8.24 and 8.25 and meet the State mandate to reduce or divert at least 50% of the
waste generated by all residential, commercial and industrial developments. The applicant
shall contract with the City's franchise hauler throughout the construction and occupancy
phase of the project. A "Recycling and Solid Waste Planning Guide" is available at the
Planning Department counter or through the City Manager's office at (619) 691-5122,
costa(i(ilJ.ci. cluila- vista. ca. us.
19. The applicant andlor its successors in interest will be responsible for the installation and
maintenance of the landscape material and irrigation system for the project. Landscaping
onsite shall be maintained in a thriving condition.
20. Prior to approval of any grading, construction, and building permits for the Project, the
applicant shall demonstrate, to the satisfaction of the Director of Engineering, compliance
with all of the applicable provisions of the Storm Water Management and Discharge Control
Ordinance (Chapter 14.20 of the Chula Vista Municipal Code), the Development and
Redevelopment Project Stornl Water Management Standard Requirements Manual (approved
by Council Resolution #2002-475), and the City of Chula Vista's Standard Urban Storm
Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria. The applicant shall
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Resolution PCC-03-100
Page 6
incorporate into the project planning and design effective pennanent BMP's to the Maximum
Extent Practicable (MEP), and provide all necessary studies and reports demonstrating
compliance with the applicable regulations and standards.
21. Comply with all the provisions of the NPDES Permit during and after all phases of the
development process, including, but not limited to, grading, and construction of buildings,
street and landscaping improvements. The Developer shall incorporate in the project design
water quality and watershed protection principal and post construction Best Management
Practices (BMPs) selected for the project, in compliance with the NPDES Pernlit, to the
satisfaction of the City Engineer.
22. Obtain the approval of a maintenance program for the proposed post construction BMPs.
The maintenance program shall include but not be limited to: (a) manual describing the
maintenance activities of said facilities, (b) an estimate of cost of such maintenance
activities, and (c) a funding mechanism for financing the maintenance program. In addition,
developer shall enter into a Maintenance Agreement with the City or any other maintenance
mechanism, as determined by and upon the request of the City Engineer, to ensure the
maintenance and operation of said facilities.
23. Comply with all applicable regulations established by the United States Environmental
Protection Agency (USEPA), as set forth in the National Pollutant Discharge Elimination
System (NPDES), permit requirements for urban runoff and stonn water discharge, the Clean
Water Act, and any regulations adopted by the City of Chula Vista, pursuant to the NPDES
regulations or requirements. Further, the Developer shall file a Notice of Intent with the
State Water Resources Control Board to obtain coverage under the NPDES General Permit
for Storm Water Discharges Associated with Construction Activity and shall implement a
Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of
grading activities. The SWPPP shall include both construction and post construction
pollution prevention and pollution control measures and shall identify funding mechanisms
for post construction control measures.
24. The applicant shall implement to the satisfaction of the Planning and Building Department,
City Engineer and Environmental Review Coordinator all pertinent mitigation measures
identified in the ARCO AM/PM Mitigated Negative Declaration (IS-03-033) and Mitigation
Monitoring and Reporting Program.
25. Comply with all City ordinances, standards, and policies except as otherwise provided in this
Resolution. Any violation of City ordinances, standards, and policies, or any condition of
approval of this Conditional Use Permit, or any provision of the Municipal Code, as
determined by the Director of Planning and Building, shall be grounds for revocation or
modification of this Conditional Use Permit by the City ofChula Vista.
i-I?,
Resolution PCC-03- I 00
Page 7
26. This permit shall be subject to any and all new, modified or deleted conditions imposed after
approval of this resolution to advance a legitimate governmental interest related to health,
safety or welfare which the City shall impose after advance written notice to the grantee and
after the City has given to the grantee the right to be heard with regard thereto. However, the
City, in exercising this reserved right/condition, may not impose a substantial expense or
deprive the grantee of a substantial revenue source, which the grantee cannot, in thc nonnal
operation of the use pernlitted, be expectcd to economically recover.
27. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold
harmless City, its Council members, officers, employees, agents and representatives, from
and against any and all liabilities, losses, damages, demands, claims and costs, including
court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising,
directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit,
(b) City's approval or issuance of any other permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c) applicant's installation
and operation of the facility permitted hereby, including, without limitation, any and all
liabilities arising from the emission by the facility of electromagnetic fields or other energy
waves or emissions. Applicant/operator shall acknowledge their agreement to this provision
by executing a copy of this Conditional Use Permit where indicated, below. Applicant's/
operator's compliance with this provision is an express condition of this Conditional Use
Permit and this provision shall be binding on any and all of Applicant's/operator's successors
and assigns.
28. The property owner and the applicant shall execute this document by signing the lines
provided below, said execution indicating that the property owner and applicant have each
read, understood and agreed to the conditions contained herein. Upon execution, this
document shall be recorded with the County Clerk of the County of San Diego, at the sole
expense of the property owner and/or applicant, and a signed, stamped copy returned to the
City's Planning and Building Department. Failure to return a signed and stamped copy of
this recorded document within 10 days of recordation to the City Clerk shall indicate the
property owner/applicant's desire that the project, and the corresponding application for
building permits and/or a business license, be held in abeyance without approval.
Signature of Representative of
Attisha Enterprises Inc.
Date
Signature of Representative of
Owner
Date
l-I~
Resolution PCC -03- 100
Page 8
INV ALIDlTY; AUTOMATIC REVOCATION
It is the intention of the Planning Commission that its adoption of this Resolution is dependent
upon the enforceability of each and every term, provision and condition herein stated; and that in
the event that anyone or more tenns, provisions or conditions are determined by a Court of
competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall
be deemed to be automatically revoked and of no further force and effect ab initio.
This Conditional Use Permit shall become void and ineffective if not utilized within one year
from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code.
Failure to comply with any conditions of approval shall cause this permit to be reviewed by the
City for additional conditions or revocation.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF Chula Vista,
CALIFORNIA, this I 1111 day of February 2004, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ATTEST:
Diana Vargas, Secretary
Steven Castaneda, Chairperson
hPlanning\StanD\Wcstcm ('hula Yista\PCC- CUP Applications\PCC 03-100 Areo lias & ('...rwash 75() E St\PCC 03-100 Areo Gas & Carwash
7j() E. St CUP Reso Feb..doc
l-IL(
Design Review Committee
Minutes
-6
DR AFT
4- ITA-eM >>-1tiVT <--
January 26. 2004
3. DRC-03-78
Attisha Enterprises, Inc.
765 E Street
Chula Vista, CA
Desiqn review permit to allow for an Arco AM/PM
facility and carwash.
Staff Presentation:
Mr. Jeff Steichen, Associate Planner stated the project is for a new Arco gas station
carwash and convenience store campus on a previously used site containing a service
statioi'!: The project site is .82 acres in size and is located at 765 E Street, Chula Vista. It
will consist of a 2,997 square foot Arco AM/PM convenience store, 4,854 square foot
canopy structure over 8 fueling dispensers, and approximately 1,000 square foot carwash
building. The project features fifteen parking spaces served by two access driveways
along E Street. The proposal also includes wall mounted and freestanding business
identification signs.
Mr. Steichen stated because the site is identified in the General Plan as a Gateway, this
project was brought forward to the Design Review Committee back on June 23, 2003 for
preliminary review. At that time, the consensus of the committee was that the project
contained acceptable design features. The project was also reviewed by the RCC on
January 5, 2004 who also recommended that the DRC give careful consideration to the
landscaping and the aesthetic aspects of the building relative to the site's Gateway
location. Subsequently, staff has worked with the applicant 10 further refine the site layout
and design. While staff is in agreement with the overall layout and design of the project,
there are a few specific concerns of staff that have been made into recommendations,
which are outlined in section 7 of the staff report.
STAFF RECOMMENDATION:
The Design Review Committee should adopt Mitigated Negative Declaration IS-03-033
and approves DRC-03-78 subject to the conditions listed in section 7 of staff report.
COMMITTEE DISCUSSION:
Chair Araiza asked that staff review Conditions 10 through 17 referencing to the
elevations.
Mr. Steichen went over the condilions:
10. Applicant shall revise building elevations showing an increase height of proposed
convenience store parapet walls. Staff indicated that on the plans, on the side
elevation, there is a louvered equipment screen shown. Staff is recommending
rather than having the screen that the applicant raises the parapet walls.
11. Textured paving of stamped (colored) concrete must be provided within the interior
of the site in order to compensate for the lack of landscaping within the service
station maneuvering area. Mr. Steichen noted the large massive asphalt area
between the canopy and convenience store. In order to break up that mass, staff
J :\HOME\PLANN I NG\ROSEMARI E\DRC\M I N-1-26-04
(- /5
Design Review Committee
Minutes
-7
DRAFT
January 26. 2004
is recommending that there be some stamped concrete paving within the interior
portion of the site.
12. The proposed monument sign height shall be reduced to 1 Q-ft. as originally
proposed. Mr. Steichen noted that the applicant is proposing that the monument
sign be increased to 25-ft. Staff is recommending that they go back the original
design that was reviewed at the preliminary meeting on June 23. 2003.
13. Change the location of the proposed monument sign to meet the required 10-ft.
setback from interior property lines. On the site plan the existing proposed
location is considered an interior side yard. Per City standards, there is a
requirement to have a 10-ft. setback from the property line.
14. Menu signage proposed on the building elevation of the convenience store shall
be deleted. Mr. Steichen said that the menu signage shown on the front elevation
is not allowed per the municipal code.
15. Prior to issuance of building permits, in order to eliminate the logo signs from
"spilling over" the edges of Ihe canopy parapet, either the logo signage must be
reduced in size or the width of canopy parapet be increased. The applicant should
reduce the sign or increase the overall height of parapet so that it is one plane.
16. Prior to issuance of building permits, colored banding along all side of gas pump
island canopy and top of walls of car wash building shall be deleted. Staff is
recommending removal due to the sensitivity of the site being a Gateway location.
Staff feels that the emphasis should be on the architecture as opposed to the
signage.
17. The width of canopy columns must be increased in width in order to be more
proportional to the size of the canopy.
Member Alberdi asked if there needed to be a variance in order for the applicant to keep
his monument sign at the proposed location.
Mr. Schmitz stated that 1 Q-ft requirement was an ordinance standard not a design
guideline, therefore, a variance would be required.
Member Mestler expressed concerns with the lack of directional signs where the ingress
and egress would be. She thought that it might warrant some type of traffic control
because of the car wash.
Mr. Steichen replied that the width of the driveway was adequate and that staff did not
anticipate much conflict.
Ms. Leslie Burnside with Tait & Associates (9089 Clairmont Mesa Blvd., San Diego)
commented that there would be directional signs at the entrance to the ingress path and
there will be painted arrows.
Ms. Burnside reviewed the enhancements that were added since the project was last seen
on June 23, 2003. The enhancements included:
J:IHOMEIPLANNINGIROSEMARIEIDRCIMIN-1-26-04
1 - i 6
Design Review Committee
Minutes
-8 DRAFT
January 26, 2004
. Landscape pre-cast concrete pots at the gasoline canopy
. Increased landscaping to 10-ft. along E Street per staff's recommendation
. A decorative ledgestone wainscoat was added on the building and carwash to
provide interest to the elevations.
. Trellises were added to the west side of the car wash, which was the predominant
appearance from 1-5. The trellises will have climbing vines planted on them.
. Decorative paving was added to the entrances
Ms. Burnside noted that since the project was originated they had dealt with three different
planners. She cornmented that they had some concerns with some of the conditions
mostly pertaining to the elements of brand image, which they believe to be very minimal
and understated compared to what the industry had presented over the years.
Mr. Craig Yamasaki, with BP West Coast Products remarked that they had worked very
closely with various staff members over the last year in order to modify, and enhance their
plans so that they meet the city's standards while trying to maintain the integrity of their
design.
Mr. Yamasaki noted that one of the conditions that he would be opposed to changing is
the design elemenl of the parapet canopy. He also expressed reservations concerning
staff's conditions for the billboard cabinet in front of the slore, and requirements for
enhanced paving in the parking lot. He mentioned the ADA issues with respect to having
textured paving in the parking lot area.
Member Alberdi thought with respect to Condition 11, there should be some type of
linkage provided from the gas pumps to the front of the convenience store defined with a
colored concrete.
Chair Araiza suggested that it be some sort of concrete pattern that would lead the
pedestrian from the gas pumps to the front door of the store, which at the same time would
break up the mass of the parking lot.
Member Alberdi commented about the carwash. Overall he felt that the blue strip on the
carwash was a bit too much. Regarding the canopy, he thought that from the beginning it
was the applicant's identity. In his opinion, the applicant had compromised by bringing in a
neutral building that did not have the strong Arco colors as before. Although it was not
what staff was looking for, Member Alberdi did not have a problem with the way it was
presented.
In terms of the menu signage, Member Alberdi understood staff's concerns about having a
boxed cabinet projecting from the wall. If the sign were recessed he would be more willing
to approve it.
Chair Araiza remarked that he agreed with staff's comments regarding the signage. He
would be willing to go with either the rectangle or the three signs, however, not both. It
would also have to be recessed. Chair Araiza noted with all of the glass, the exposure of
the interior of the store was part of the applicant's display, which was in effect their
signage.
J :\HOME\PLANN I NG\ROSEMARI E\DRC\M I N-1-26-04 7
1- t
DP A~T
Design Review Committee
Minutes
-9
January 26, 2004
The applicant's discussed keeping the blue banding on the carwash. By modifying the
background color on the exit sign, so that it wasn't so predominantly blue, they felt it would
tone down the effect of the banding but still blend with the other building.
Member Alberdi felt that the blue banding was acceptable on the canopy over the pump
Island but would eiiminate it on the carwash building. He felt that the applicant should
keep the carwash as neutral as possible because there will be a sign on the monument
sign indicating a carwash.
Mr. Yamasaki asked if the committee would allow an abbreviated version so Ihat they can
maintain their logo (the spark) on the carwash just facing E Street.
Both Members Alberdi and Araiza felt that the logo by itself would be a good complement
to the canopy and in keeping with the rest of the building, which they felt, was very well
done.
Member Mestler remarked that she felt that the recommendations of her colleagues were
appropriate and she agreed with everything that was said. She thought that a pathway
from the gas pumps to the front door of the store would be pleasing. She liked the
landscaping on the corner, which she fell enhanced, the building nicely.
MSC (Alberdi/Araiza) (3-0-0-1) to approve DRC-03-78 subject to the conditions listed
in the staff report with the following amendments: Condition 11; Colored concrete
shall provide a link between the gas pump island and the door of the convenience
store in order to compensate for the lack of landscaping within the service station
maneuvering area; Condition 14; Reduce the wall signage on the front ends of the
convenience store by 50% and recess said signage; Condition 16; Prior to issuance
of building permits, colored banding along top of walls of car wash building shall be
deleted. Motion carried.
J :\HOME\PLANNI NG\ROSEMARIE\DRC\MI N-1-26-04
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Resolution PPC-03-10
EXHIBIT A
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CllY Of
(HUlA VISTA
PLANNING DEPARTMENT
January 28,2004
Attisha Enterprises, Inc.
Clo Tait & Associates, Inc
9089 Clairemont Mesa Blvd, Suitc 300
San Diego, CA 92123
Attn: Leslie Burnside
RE: Application DRC-03-78 Site Design Review for New Arco Gas Station/Car
Wash/Convenience Store at 765 .'E" Street
Dear Ms. Burnside:
On January 26, 2004, the Design Review Committee considered the site plan and archikctural design for
a proposed ARCO Gas Station/Car Wash and Convenience Store at 765 "E" Street. Committee, after
hearing staffs presentation and public testimony, approved the project by unanimous vote (3-0) and
subject to the conditions listed in the staff report.
The DRC modified conditions 11, 14, 16 as reflected in "Attachment A". Unless otherwise specified, all
conditions sha]! be satisfied before issuance of building permits. If you are in at,'reement with these
conditions, please sign Attachment "A" and return the signed original to the Planning and Building
Department, attention Jeff Steichen. at your earliest convenicnce.
You have the right to appeal this decision to the P1anning Commission. This office must receive a
completed appeal form, a10ng with the corresponding deposit amount within 10 days of the date of this
letter. Forms are available from the Planning & Building Department. In the absence of this appeal, the
decision of the Design Review Committee is final.
Fai1ure to use this pernlit within one year from the date of this letter sha]! cause the permit to become null
and void unless a written request for an extension is received and granted prior to the expiration date.
rfyou have any questions in regards to this matter, please ca!] me at (619) 585-5778.
si;Ece y,
I VI~~~J~ui-
Je Steichen
Associate Planner
cc: Luis Hernandez, Deputy Planning Director
John Schmitz, Principal Planner
Garry Williams, Landscape Planner
Maria Muett, Environmental Planner
Ryan Goodness, Development Services Technician II (TEP)
Attachment "A"
~ - 20
ATTACHMENT 2
276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910 . (619) 691-5101
it ru..ccr......~Pi48
DRC 03-78
ARCO AM/PM
January 28, 2004
Page 2
ATTACHMENT "A"
DRC 03-78: ARCO AM/PM Design Review Committee Conditions of Approval
Conditions of Approval
Conditions of Approval
The following conditions shall be incorporated into the plan by the Applicant or
subsequent successor in interest prior to issuance of building permits for this proje~t:
1. Approval of this project is contingent upon approval of the Conditional Usc
Permit PCC 03-100.
2. The applicant shall impJement to the satisfaction of the Planning and Building
Department, City Engineer and Environmental Review Coordinator all
pertinent mitigation measures identified in the ARCO AM/PM Mitigated
Negative Declaration (IS-03-033) and Mitigation Monitoring and Reporting
Program.
3. Street widening to 40 feet from centerline to curb line and installation of curb,
gutter and sidewalk with transitions to existing improvemcnts and right-of-way
dedication of 12 feet are required. Approved dedication documents and
improvement plans prepared by a registcred civil engineer along with bonding
for the improvements shall be submitted prior to issuance of building pern1its.
4. Prior to approval of building permits and in conjunction with Section
19.38.080 of the Municipal Code, landscape planter strip along entrance to the
site shall be increased from 8 Y, feet to 10 feet. In addition, pre-cast concrete
landscape pots shall be provided at the end of each gas pump island.
,
5. Prior to approval of building permits, building plans shall indicate that the
freestanding boundary wall has provided a "deepened" footing design
(minimum depth of three feet) to accommodate the landscape planting and
trees within the adjacent planter area to the satisfaction of the Director of
Planning and Building.
6. Prior to approval of building permits and in compliance with section 7.4 of the
Land Use Element of the General Plan, applicant shall submit and receive
approval from the Zoning Administrator for a revised on-site landscape palette
which matches or complements the plant palette on the adjacent properties.
Said planting material along the narrow landscape strips should be maximized
to provide larger mass forms.
1-"2..[
CITY OF CHULA VISTA
DRC 03-78
ARCO AM/PM
January 28,2004
Page 3
7. Landscape planter islands shown on both sides of parking strip shall be
increased in width to accommodate a 12" concrete step in addition to 6"
concrete curb.
8. Applicant sha1l submit detail drawing of a decorative masonry wa\J to be
constructed along the north and east property lines. Said detail shall be
approved by the Zoning Administrator prior to issuance of building permits.
9. Design details for trash enclosure should include a tre1lis feature on the north
side elevation as we1l along top of said enclosure. Landscape plans shall be
modifIed to include climbing vines similar to trellis features shown along west
side of carwash building.
10. Applicant sha1l revise building elevations showing an increase in hcight of
proposed convenience store parapet walls in lieu of proposed rooftop
equipment screening fence. Said revisions must be approved by the Zoning
Administrator prior to issuance of building permits.
II. Colored concrete shall provide a link between the gas pump island and the door
of the convenience store in order to compcnsate for the lack of landscaping
within the scrvice station maneuvering area. Prior to issuance of bLlilding
pcrn1its, applicant sha1l submit the type of material, paving pattern and color to
City staff for final review and approval.
12. The proposed monument sign height shan be reduced to 10 feet as origina\Jy
proposed.
13. Change the location of the proposed monument sign to meet thc required] 0-
foot setback from interior property lines.
14. Reduce the wan signage in the front ends of the conveniencc storc by 50'Yo and
recess said signage.
15. Prior to issuance of building permits, in order to eliminate the logo signs from
"spi\Jing over" of the edges of the canopy parapet, either the logo signage must
be reduced in size or the width of canopy parapet be increased.
16. Prior to issuance of building permits, colored banding along top of walls of car
wash building sha\J be deleted.
17. The width of canopy columns must be increased in width in order to be more
proportional to the size of the canopy size.
18. A graffiti resistant treatment shall be specified for all exterior wall surfaces.
This shall be noted on the landscape plans. Additionally, the project sha\J
conform to Sections 9.20.055 and 9.20.035 of C.V.M.C regarding graffiti
control.
l- 22.
CITY OF CHUlA VISTA
DRC 03-78
ARCO AMlPM
January 28, 2004
27.
Page 4
19.
Comply with the following codes: 2001 Handicapped Accessibility
Requirements; 2001 Energy Requirements; California Building Code;
California Plumbing Code; California Electrical Code; and California
Mechanical Code, and comply with Seismic Zone 4, and wind speed 70 mph
exposure C.
20.
Submit a Soils Report to the Planning and Building Department for review and
approval prior to issuance of a grading permit.
21.
The project shall mcet the American with Disabilities Act (ADA) requirements
for parking and accessibility.
22.
Each applicant for a land use or building permit shall develop and submit a
"Recycling and Solid Waste Managemcnt Plan" to the Conservation
Coordinator for revicw and approval as a part of the pcrmit process. The Plan
shall demonstrate those steps the applicant will take to comply with Municipal
Codc, including but not hmitcd to Scctions 8.24 and 8.25, and meet the State
mandate to reduce or divert at least 50 percent of the waste generated by all
residential, commercia] and industria] developments. The applicant shall
contract with the City's franchisc hauler throughout thc construction and
occupancy phase of the project
23.
The Applicant shall comply with all requirements of the Crime Prevention Unit
of the Chula Vista Police Department. This includes scheduling a security
evaluation. Security hardwarc shall be indicated on building plans and security
measures shall be in place prior to occupancy. See attached Police Department
comments.
24.
Each building in the project shall have addrcss numbers visible from the street.
25.
The Applicant shall obtain an cncroachment permit to pcrfonn any work in the
City's right of way.
26.
Th<: Applicant shall implement post construction Best Management Practices
(BMP) in order to comply with the City's NPDES pernlit. Said BMP's shall be
designed to treat rain runoff from the buildings and parking lots before being
released into the adjacent public storm drain system.
Prior to issuance of Certificate of Occupancy for the carwash or convenience
store, obtain approval of a conditional use permit to allow for operation of the
service station and carwash.
The property owner and the applicant shall sign this document indicating that they have each read,
understood and agreed to the conditions contained herein, and will implement same. Upon execution, the
original document with original signatures shall be returned to the Planning & Building Department. No
building permits will be issued or other entitlements approved until the signed original has been received.
1- 1.~
CITY OF CHULA VISTA
DRC 03-78
ARCa AM/PM
January 28,2004
Applicant:
Attisha Enterprises
By:
Samad Attisha
Property Owner
Union Bank of Califomai
By:
Page 5
J-\Planning~effi' westermCV\765 E Sh!.:d\DRt' u3-7S Approv;:1l Letter Final dm:2
L-2Lj
CITY OF CHULA VISTA
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CllY OF
CHULA VISTA
Police Department
April 7, 2003
Alcoholic Beverage Control
1350 Front Street, Room 5056
San Diego, CA 92101
Attn: Heidi Howser
Re: Arco By the Bay ABC Application for Type 20 License
Dear Ms. Howser,
We have received and reviewed the attached application for Arco by the Bay, 765
E Street, Chula Vista. The Chula Vista Police Department wishes to protest the
application since there is an over concentration of licenses in the area (Licenses allowed:
6, exist 10) and it is a high crime area (418.2%).
Please feel free to contact me if! can be of further assistance. I can be reached at
(619) 409-5852, Monday through Friday between 8:00 AM and 5:00 PM.
Sincerely,
Officer Bartt Benjamin
Special Investigations Unit
Chula Vista Police Department
ATTACHMENT 4
276FOURTHAVENUE . CHULA VISTA,CA 91910
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(619) 691-5137
Mitigated Negative Declaration
PROJECT NAME: ARCO AM/PM
PROJECT LOCATION: 765 "E" Street
ASSESSOR'S PARCEL NO.: 565-310-1600
PROJECT APPLICANT: Attisha Enterprises, Inc.
CASE NO.: IS-03-033
DATE OF DRAFT DOCUMENT: December 16. 2003
DATE OF RESOURCE CONSERVATION COMMISSION MEETING: Januarv 5. 2004
DATE OF FINAL DOCUMENT:
January 16. 2004
A Proiect Setting
The 0,82-acre project site is located at 765 "E" Street, immediately east of Interstate 5 and the
trolley tracks and west of Broadway, The project site is comprised of one parcel located in the
urbanized central western portion of the City of Chula Vista (see Exhibit A-Location Map), The
project site is relatively flat, with vehicular access fram "E" Street. The project site currently
contains a vacant one-story 1,700 square-foot automobile service station with convenience store
and 1,000 square-foot canopy covering 8 fuel dispensers. The project site is identified in the
Chula Vista General Plan within the Chula Vista Urban Core and "E" Street is identified as an
Urban Core Gateway. The project site is within the CV (Visitor Commercial) Zone and CV
(Visitor Commercial) General Plan designation. The land uses surrounding the site are as
fo]]ows:
North:
South:
East:
West:
Motel
City Visitor Center
Restaurant/Retail Use
Trolley tracks and Interstate 5
B, Proiect Description
The proposed project consists of the demolition of a vacant automobile service station with
convenience store and canopy covering 8 fuel dispensers; the underground storage tanks,
hoists and waste oil tank were removed in 2002. The proposal consists of the construction of
a new 2,997 square-foot Arco AM/PM convenience store (24-hour operation with beer and
wine sales), a 4,854 square-foot canopy structure covering 8 fuel dispensers (16 fueling
positions), 2 underground fuel storage tanks and an approximately 1,000 square-foot
automatic carwash building (See Exhibit B - Site Plan), Additional, proposed on-site
improvements include a 15-space parking lot, enhanced landscaped treatments, new lighting,
and trash enclosure. Off-site improvements include removal, replacement and realignment of
.
1- z.q
ATTACHMENT :,
driveways, new curb, gutter and sidewalk along "E" Street, and installation of a raised
median in front of the westerly driveway along E Street In accordance with City standards,
a 12-foot dedication along the northern boundary of"E" Street is required, thus bringing "E"
Street into consistency with the Class I Collector street classification, The proposed project
is subject to the approval of Design Review by the Design Review Committee and a
Conditional Use Permit by the Planning Commission,
C. Compliance with Zoning and Plans
The project site is within the CV (Visitor Commercial) Zone and CV (Visitor Commercial)
General Plan designation. The CV Zone allows for the proposed automobile service
station/convenience store and car wash with a Conditional Use Permit and Design Review,
The proposed 15 off-street parking spaces meet the requirements of the Municipal Code.
D. Public Comments
On November 7, 2003, a Notice ofInitial Study was circulated to property owners within a
500-foot radius of the proposed project site. The public review period ended November 17,
2003. No written comments were received.
On December 17. 2003, the Notice of Availability of the Proposed Mitigated Negative
Declaration for the proiect was posted in the County Clerk's Office and circulated to property
owners within a 500- foot radius of the proiect site, The 30-day public comment period
closed on January 15. 2004. No written or verbal comments were received ITom the public.
E. Identification of Environmental Effects
An Initial Study conducted by the City of Chula Vista (including the attached Environmental
Checklist form) determined that although the proposed project could have a significant
environmental effect, there would not be a significant effect in this case because mitigation
measures described in Section F below have been added to the project The preparation of an
Environmental Impact Report will not be required, This Mitigated Negative Declaration has
been prepared in accordance with Section 15070 of the State CEQA Guidelines.
Air Ouality
The project site is located within the San Diego Air Basin (SDAB), The proposed project
will result in an increase in air pollutants during both the construction and operational phases
of the project Fugitive dust would be created during demolition, grading and construction
activities. Although air quality impacts resulting ITom construction-related operations would
be potentially significant, they are considered short-term impacts since construction-related
activities are a relatively short-term activity. Dust control measures implemented during
grading operations would be regulated in accordance with the rules and regulations of the
County of San Diego Air Pollution Control District (APCD) and the California Air
Resources Board, The mitigation measures contained in Section F below would mitigate
potentially significant short-term construction-related air quality impacts to below a level of
significance.
!
( -3. 0
The project would not conflict with or violate any applicable air quality plans or standards.
No objectionable odors affecting substantial number of people would result from the
proposed replacement of a fonner automobile service station/convenience store and new car
wash use, as compliance with APCD and Department of Environmental Health regulations
are required. For these reasons, the proposed project would not result in any significant long-
tenn local or regional air quality impacts and no mitigation measures are required to address
long-tenn impacts,
Geologv and Soils
According to the Engineering Department, a fonnal geological study is required during the
preparation of the final grading plans, Due to the previous development of the site and
minimal grading required for the proposed project, no significant geological impacts are
anticipated, A formal soils report will be required with the preparation of the final grading
and building plans to detennine existing soil conditions and provide foundation and
pavement recommendations.
The potential discharge of silt during construction activities could result in siltation impacts
downstream. Appropriate erosion control measures would be identified in conjunction with
the preparation of final grading plans and would be implemented during construction, The
implementation of appropriate water quality best management practices (BMPs) during
construction would be required in accordance with the Chula Vista Standard Urban Stonn
Water Mitigation Plan (SUSMP). All portions of the development area disturbed during
construction would either be developed or would be appropriately landscaped in compliance
with the Chula Vista Municipal Code, Sections 19.36.090 and 19.36.110. Compliance with
SUSMP requirements would be ensured by the City Engineer prior to the issuance of grading
pennits for the proposed project. Therefore, the potential for the discharge of silt into the
drainage system would be less than significant.
Hazards and Hazardous Materials
Former Underground Storage Tanks
A Fuel System Demolition Report, Station 18-GKR, Chula Vista, California, 765 "E" Street,
dated April 23, 2002, was prepared by TRC; this report is available for review at the City of
Chula Vista Planning and Building Department and is summarized below,
On October 7, 1987, an unauthorized release was discovered during the removal of four
underground storage tanks (USTs), Soil samples were collected at various locations then
submitted for laboratory analysis. New tanks were installed and permitted by the County of
San Diego Department of Environmental Health (DEH) in 2001.
On September 27, 1994, a gasoline leak reportedly occurred under the southernmost fuel
island. Two soil samples were collected and analyzed and the results indicated that both
samples were below laboratory detection limits, according to the County of San Diego DEH.
On November 20 and 21, 2001, seven borings were conducted to identify potential
subsurface impacts to the site. All underground improvements that were removed from the
site, including the fuel system, hydraulic hoists, and clarifier, were in good condition and no
I
{ ~3\
indication of leaks, hydrocarbon stains or odors were evident. Only the waste oil UST
appeared to have minimal staining on the sidewalls of the tame However, the analytical
results of the soil samples collected from the waste oil UST cavity reported below laboratory
detection limits.
On January 23, 2002, an Environmental Health Specialist from the County of San Diego
DEH conducted an inspection of the site for the previous closure of underground storage
tanks and related equipment. On May 1, 2002 the County of San Diego DEH determined that
no further action was required and site clearance was given, thus issued an Underground
Storage Tank System Closure letter.
Lead and Asbestos Removal
The potential exists for impacts to result from the demolition of structures that may contain
lead and asbestos. Therefore, prior to any demolition activities, a licensed and registered
asbestos and lead abatement contractor shall perform asbestos and lead-based paint
abatement in accordance to all applicable local, state and federal laws and regulations,
including San Diego County Air Pollution Control District Rule 361.145 - Standard for
Demolition and Renovation. The mitigation measure contained in Section F below would
mitigate potential impacts associated with the release of asbestos and lead to below a level of
significance,
Hydrology and Water Ouality
Based on the City of Chula Vista Standard Urban Storm Water Mitigation Plan (SUSMP),
post-construction pollutants of concern associated with the proposed project include gasoline,
trash, debris, oil and grease. Per the requirements set forth in the SUSMP, best management
practices (BMPs) shall be designed to treat runoff generated by the Water Quality Design
Storm having a rainfall intensity of 0.2 inches per hour prior to discharge to public storm
drainage systems, The City's adopted Storm Water Management Standards Requirements
Manual contains specific requirements for various types of developments.
The City Engineer will ensure that the above requirements will be met prior to the issuance
of grading/improvement or construction permits for the proposed project. Based upon the
requirements of the SUSMP and the Storm Water Management Standards Requirements
Manual, construction and post-construction project-related water quality impacts wou]d be
less than significant; therefore, no mitigation measures beyond these established
requirements are required. A discussion of the proposed construction and post-construction
BMPs are discllssed below,
Construction BMPs
According to the Engineering Department, due to the size and existing condition of the
project site, the preparation and implementation of a Storm Water Pollution Prevention Plan
(SWPPP) and the filing of a Notice of Intent with the Regional Water Quality Control Board
wiJI not be required. However, the applicant shall be required to complete Form 5504,
"Construction Storm Water Management Plan" (CSWMP), prior to issllance of grading,
public improvement and construction permits. During construction, BMPs from the
Califomia Best Management Practices Handbook will be required to be implemented, which
J,
(--"3'L
have been frequently used on job sites and have been proven effective. Examples of
construction BMPs include silt fences, sandbags, and hay bales, which are strategically
placed around curb inlets, catch basins, and driveways in order to prevent silt and sediment
from entering the storm drain system,
Post-Construction BMPs
Pursuant to the Storm Water Management Standards Requirements Manual, permanent
standard storm water BMPs for vehicle wash areas consist of the following; 1) self-contained
unit or cover facility with roof or overhang, 2) equip with clarifier or other pretreatment
facility, 3) install proper connection to a City approved sanitary sewer, and/or other equally
effective features. In addition, requirements for fueling dispensing areas consist of the
following: 1) install a hanging roof structure/canopy, 2) fueling areas must drain to the
project's treatment control BMPs prior to discharging into the storm water conveyance
system, 3) install proper pavement with cement concrete or smooth impervious surface, 4)
create appropriate sloping to avoid ponding and separate with a grade break that prevents
run-on of urban runoff, and 5) meet minimum concrete fuel dispensing area requirements,
Final required post-construction BMPs will be subject to the approval of a project-specific
water quality study by the City Engineer. The City Engineer will take all necessary steps to
ensure that the approved BMPs will be implemented and will be sufficient to treat site runoff
prior to exiting the site and entering the public storm drainage system in accordance with the
applicable established water quality standards.
Transportation/Traffic
Based upon the projected traffic that would be generated by the proposed development and
the inactivity of the existing gas station/convenience store for more than two years, the
preparation of a traffic study was deemed necessary by the City Engineering Department.
This study is available for review at the City of Chula Vista Planning and Building
Department and is summarized below.
According to the Traffic Impact Study for Proposed New Arco AM/PM Mart and Car Wash
located at the Northeast Comer ofI-5 and E Street, Chula Vista, Califomia, prepared by
Darnell & Associates, Inc., dated December 16,2003, the proposal is projected to generate
2,480 average daily one-way trips (ADTs), with 198 trips generated in the AM peak hour and
223 trips generated in the PM peak hour.
Traffic Safety
Due to the close spacing ofthe two proposed driveways and the westerly driveway's
proximity to the trolley tracks and the 1-5 northbound ramps, there could be potential vehicle
conflicts and safety concerns ifleft turns are allowed to exit the westerly driveway,
Therefore, it was determined that the westernmost project driveway should be restricted to
right-in/right-out only, As a means to prevent left tums, a "No Left Tum" sign will be posted
in the area of what is currently the two-way left-turn lane and located to the west of this
driveway, This area will be converted to a raised median such that the signage and traffic
will be shielded from any interference. The mitigation measure contained in Section F below
J
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would mitigate this potentially significant traffic safety impact to below a level of
significance,
Siznificance Criteria
The criteria utilized to determine if a traffic impact at an intersection or street segment is
considered significant is based on City ofChula Vista standards. Both project specific and
cumulative impacts can be significant impacts. The applicable significance criteria utilized
in the project traffic impact analysis are as follows:
Signalized/Unsignalized Intersections
A project specific impact to a signalized or unsignalized intersection would result if both of
the following criteria are met:
1. Level of service is LOS E or LOS F.
2. Project trips comprise 5% or more of entering volume.
Cumulative impact if only condition #1 is met.
Street Segments
A project specific impact to a street segment would result if the following criteria are met:
I, Level of service is LOS D for more than 2 hours or LOS ElF for 1 hour.
2. Project trips comprise 5% or more of segment volume,
3, Project adds greater than 800 ADT to the segment.
Cumulative impact if only condition #1 is met.
Existinf! Conditions
Street Segments
E Street (a 4 Lane Major) adjacent to the project site currently operates at level of service
(LOS) C.
Signalized Intersections
The signalized intersection ofE Street at Woodlawn Avenue operates at LOS C during both
the AM and PM peak hours. The 1-5 northbound ramp at "E" Street signalized intersection
operates at LOS B during the AM peak hour and at LOS C during the PM peak hour. The 1-5
southbound ramp at "E" Street signalized intersection operates at LOS A during the AM peak
hour and at LOS B during the PM peak hour.
Existinf! Plus Pro/ect Conditions
6
l-3Y
Street Segments
E Street (a 4 Lane Major) adjacent to the project site is projected to continue to operate at
LOS C after project development.
Signalized Intersections
All intersections analyzed are anticipated to continue to operate at acceptable LOS C or
better during both peak hours under existing plus project conditions, The signalized
intersection of E Street at Woodlawn Avenue will continue to operate at LOS C during both
the AM and PM peak hours. The 1-5 northbound ramp at E Street signalized intersection
will operate at LOS B during the AM peak hour and at LOS C during the PM peak hour. The
1-5 southbound ramp at E Street signalized intersection will operate at LOS B during the AM
peak hour and at LOS B during the PM peak hour.
On-Site Circulation
The car wash is proposed along the western property line in the northern half of the project
site. The eastern most driveway will serve as the primary entrance to the proposed car wash,
while the western most driveway will serve as the primary exit. Stacking for the proposed
car wash will be provided along the northern side of the convenience store. The proposed
stacking will adequately accommodate the anticipated car wash demand. The refueling
trucks will utilize the eastern most driveway as the primary entrance to the site to deposit fuel
and will utilize the western most driveway as a primary means of exiting the site. The 95th
percentile queue length for vehicles exiting (southbound right) the site via the western most
driveway is approximately one vehicle. The 95th percentile queue length for vehicles
existing (southbound) the eastern most driveway is less than two (2) vehicles. According to
the traffic study, these queue lengths are adequately handled on-site, The queue for vehicles
entering the project site from "E" Street, via the eastern access (eastbound left) is
approximately one vehicle and this queue is adequately accommodating in the exiting center
turn lane onto E Street and does not block through traffic. The project circulation will not
significantly impact any intersection or roadway segment in the vicinity of the project,
Parking
Based upon the Chula Vista Municipal Code parking ratio for retail use of 1 parking space
per 200 square feet of floor area, the required off-street parking for the proposal is 15 spaces.
The proposed off-street parking is 15 parking spaces; therefore, the project would not result
in any significant parking impacts and no mitigation measures are required.
F. Mitigation Necessarv to Avoid Significant Impacts
Air Oualitv
The following air quality mitigation requirements shall be shown on all applicable
demolition, grading, and building plans as details, notes, or as otherwise appropriate, and
shall not be deviated from unless approved in advance in writing by the City's Environmental
Review Coordinator.
7
\. ---'5 S
L During construction, dirt and debris shall be washed down or swept up as soon as
practicable to reduce the resuspension of particulate matter caused by vehicle
movement over such material. Approach routes to the construction area shall be
cleaned daily of construction-related dirt and debris,
2, In accordance with California Vehicle Code Section 23114, vehicles transporting
loads of aggregate materials must cover/tarp the material, or if not covered, the
material must be no nearer than six inches from the upper edge of the container area
where the material contacts the sides, front, and back of the cargo container area, and
the load shall not extend, at its peak, above any part of the upper edge of the cargo
container area, This measure shall also apply to the transport of any materials
associated with demolition, grading, or building activities that can potentially become
airborne.
3, Construction equipment shall be maintained in proper working order and shall be
periodically tuned in order to minimize air pollutant emissions; use of low pollutant-
emitting construction equipment, including electrical-powered equipment, shall be
used as practical.
4, Soil disturbance and travel on unpaved surfaces shall be suspended when wind speeds
exceed 25 miles per hour.
5, All unpaved construction areas shall be sprinkled with water or other acceptable dust
control agents during dust-generating activities as necessary to minimize dust
emissions to the maximum extent practicable. Additional watering or dust control
agents shall be applied during dry weather or on windy days until dust emissions are
not visible.
Hazards and Hazardous Materials
The following hazards mitigation requirement shall be shown on all demolition plans as a
note,
6. Asbestos and lead-based paint abatement shall be performed by a licensed and
registered asbestos and lead abatement contractor in accordance to all applicable
local, state and federal laws and regulations, including San Diego County Air
Pollution Control District Rule 361.145 - Standards for Demolition and Renovation.
T ransportationlTraffic
7. The applicant shall be responsible for the bonding and construction of a raised
median in the E Street median in front of the westerly driveway to the satisfaction of
the City Engineer.
8
1-}5
G, Consultation
1. Individuals and Organizations
City of Chula Vista:
Luis Hernandez, Planning and Building Department
Paul Hellman, Planning and Building Department
John Schmitz, Planning and Building Department
Maria Muett, Planning and Building Department
Michael Walker, Planning and Building Department
Frank Herrera-A, Planning and Building Department
Carolyn Dakan, Planning and Building Department
Garry Williams, Planning and Building Department
Frank Rivera, Engineering Department
Alex Al-Agha, Engineering Department
Jeff Moneda, Engineering Department
Muna Cuthbert, Engineering Department
Silvester Evetovich, Engineering Department
Ben Herrera, Engineering Department
David Kaplan, Engineering Department
Majed Al-Ghafiy, Engineering Department
Jim Geering, Fire Department
Michael Meacham, Conservation and Environmental Services
Others:
Dee Peralta, Chula Vista Elementary School District
2. Documents
City ofChula Vista General Plan, 1989,
Final Environmental Impact Report, City of Chula Vista General Plan Update, EIR No.
88-2, May 1989.
City ofChula Vista MSCP Subarea Plan, February 2003.
A Fuel System Demolition Report, Station l8-GKR, located at 765 E Street, Chula Vista,
Califomia, TRC, April 23, 2002.
Revised Traffic Impact Study, New Arco AM/PM Mart and Car Wash, Northeast comer
ofI-5 and E Street, Chula Vista, California, Darnell and Associates, Inc., December 16,
2003.
A County of San Diego, Department of Environmental HealthIHazardous Materials
Management Division, Underground Storage Tank System Closure Report, May 1,2002.
9
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3, Initial Studv
This environmental determination is based on the attached Initial Study, any comments
received on the Initial Study and any comments received during the public review period
for this Mitigated Negative Declaration. The report reflects the independent judgment of
the City of Chula Vista, Further information regarding the environmental review of this
project is available from the Chula Vista Planning and Building Department, 276 Fourth
Avenue, Chula Vista, CA 91910,
/r;~~./O~~'
Marilyn R. F. Ponseggi
Environmental Review Coordinator
Date:
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ATTACHMENT "A"
MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
ARCa AM/PM - IS-03-033
This Mitigation Monitoring and Reporting Program has been prepared by the City of Chula Vista
in conjunction with the proposed Broadway Plaza/Commercial Center-renovation project. The
proposed project has been evaluated in an Initial StudyIMitigated Negative Declaration prepared
in accordance with the California Environmental Quality Act (CEQA) and City/State CEQA
Guidelines (IS-03-033). The legislation requires public agencies to ensure that adequate
mitigation measures are implemented and monitored for Mitigated Negative Declarations.
AB 3180 requires monitoring of potentially significant and/or significant environmental impacts.
The Mitigation Monitoring and Reporting Program for this project ensures adequate
implementation of mitigation for the following potential impacts(s):
1. Air Quality
2. Hazards and Hazardous Materials
3, Transportation/Traffic
MONITORING PROGRAM
Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinators
shall be the Environmental Review Coordinator and City Engineer of the City of Chula Vista.
The applicant shall be responsible to ensure that the conditions of the Mitigation Monitoring and
Reporting Program are met to the satisfaction of the Environmental Review Coordinator and
City Engineer. Evidence in written form confirming compliance with the mitigation measures
specified in Mitigated Negative Declaration 1S-03-033 shall be provided by the applicant to the
Environmental Review Coordinator and City Engineer. The Environmental Review Coordinator
and City Engineer will thus provide the ultimate verification that the mitigation measures have
been accomplished.
Table 1, Mitigation Monitoring and Reporting Program Checklist, lists the mitigation measures
contained in Section F, Mitigation Necessary to Avoid Significant Effects, of Mitigated Negative
Declaration 1S-03-033, which will be implemented as part of the project. In order to determine if
the applicant has implemented the measure, the method and timing of verification are identified,
along with the City department or agency responsible for monitoring/verifying that the applicant
has completed each mitigation measure. Space for the signature of the verifying person and the
date of inspection is provided in the last column.
J :\PlanoIog\MARIA \Initial Study\IS-03-033MMRPtext.doc
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ENVIRONMENTAL CHECKLIST FORM
cnv Of
CHUlA VISTA
1. Name of Proponent:
Attisha Enterprises, Inc.
2. Lead Agency Name and Address:
City ofChula Vista
Planning and Building Department
276 Fourth Avenue
Chula Vista, CA 91910
3. Addresses and Phone Number of Proponent:
11427 Woodside Avenue
Santee, CA 92071
(619) 258-7113
4. Name of Proposal:
ARCO AMlPM
5. Date of Checklist:
December 15, 2003
6. Case No.
IS-03-033
ENVIRONMENTAL ANALYSIS QUESTIONS:
Less Than
Potentially Significant Less Than
With
Issues: Significant Mitigation Significant No Impact
Impact Incorporated Impact
I. AESTHETICS. Would the project:
a) Have a substantial adverse effect on a scenic vista? 0 0 0 .
b) Substantially damage scenic resources, including, 0 0 0 .
but not limited to, tress, rock outcroppings, and
historic buildings within a state scenic highway?
c) Substantially degrade the existing visual character or 0 0 0 .
quality of the site and its surroundings?
d) Create a new source of substantial light or glare,
which would adversely affect day or nighttime views
in the area?
o
o
o
.
II
l-'i'l
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Comments:
a) No significant scenic vistas or views open to the public exist through the site,
b) In accordance with the City's General Plan, the project area is within the Chula Vista Urban Core and
"E" Street is identified as an existing Urban Core Gateway, The project proposes access via
unsignalized driveways along "E" Street Landscape treatments along "E" Street are proposed in
accordance with the City of Chula Vista Municipal Code landscape and site architectural requirements
and design review guidelines, These landscape improvements would ensure that aesthetic impacts to
the "E" Street corridor are positive, The project site contains no scenic resources,
c) The project site is located within the urbanized westem central portion of Chula Vista, Surrounding
land uses consist of a motel to the north, City visitor center to the south, restaurant/retail use to the
east and trolley tracks and Interstate 5 to the west, The proposal consists of the demolition of the
existing service station and replacement with a similar facility that would not result in a change in the
retail commercial character of the project site nor would it have a demonstrable negative aesthetic
impact to the neighborhood, Proposed improvements along the site's "E" Street frontage include
sidewalk, curb and gutter improvements, realignment of driveways, installation of a raised median
along "E" Street in front of the westerly driveway, and landscaped pedestrian pathway between the
west and east comers of the site, On-site improvements include parking lot improvements, new
landscaping and decorative hardscape throughout the project site, compatible building design to
provide a pleasant development at the City's gateway to the City's visitor center and thus create a
positive aesthetic effect Therefore, the project would not substantially degrade the existing visual
character or quality of the site and its surroundings.
d) Compliance with the glare regulations (Section 19,66,100) of the Chula Vista Municipal Code IS
ensured through the building pennit process, These regulations dictate that no direct or sky-reflected
glare is pennissible at the lot line of an establishment or use, In addition, compliance with Caltrans
regulations prohibiting glare or blinding light to oncoming vehicles along Interstate freeways is
required.
Miti!!ation: No mitigation measures are required.
II. AGRICULTURAL RESOURCES. Would the
project:
a) Convert Prime Fannland, Unique Fannland, or
Fannland of Statewide Importance (Fann1and), as
shown on the maps prepared pursuant to the Fann1and
Mapping and Monitoring Program of the Califomia
Resources Agency, to non-agricultural use?
o
o
o
.
b) Conflict with existing zoning for agricultural use, or
o
o
o
.
2
(- Lt;
't -_., [-or f--
Issues:
a Williamson Act contract?
c) Involve other changes in the existing environment,
which, due to their location or nature, could result in
conversion of Farmland, to non-agricultural use?
Comments:
Potentially
Significant
Impact
o
Less Than
Significant
With
Mitigation
Incorporated
o
Less Than
Significant
Impact
o
No Impact
.
a-c) The project site is neither in current agricultural production nor adjacent to property in agricultural
production and contains no agricultural resources or designated farmland,
Mitil!ation: No mitigation measures required,
TII. AIR QUALITY. Would the project:
a) Conflict with or obs1ruct implementation of the
applicable air quality plan?
b) Violate any air quality standard or contribute
substantially to an existing or projected air
quality violation?
c) Result 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 (including releasing emissions, which
exceed quantitative t1rresholds for ozone
precursors)?
d) Expose sensitive receptors to substantial pollutant
concentratIons?
e) Create objectionable odors affecting a substantial
3
[- i-f 6
o
o
o
o
o
o
.
o
o
o
o
o
o
o
o
.
o
.
.
.
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
number of people?
Comments: See Mitigated Negative Declaration, Section E.
Mitil!ation: See Mitigated Negative Declaration, Section F.
IV.BIOLOGICAL RESOURCES.
project:
Would the
a) Have a substantial adverse effect, either directly or
through habitat modifications, on any species
identified as a candidate, sensitive, or special status
species in local or regional plans, policies, or
regulations, or by the Califomia Department of fish
and Game or US, fish and Wildlife Service?
D
D
D
.
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community
identified ill local or regional plans, policies,
regulations or by the California Department of fish
and Game or US. fish and Wildlife Service?
D
D
D
.
c) Have a substantial adverse effect on federally D D D .
protected wetlands as defined by Section 404 of the
Clean Water Act (including, but not limited to,
marsh, vernal pool, coastal, etc.) through direct
removal, filling, hydrological interruption, or other
means?
d) Interfere substantially with the movement of any D D D .
native resident or migratory fish or wildlife species
or with established native resident or migratory
wildlife corridors, or impede the use of native
wildlife nursery sites?
e) Conflict with any local policies or ordinances D D D .
4
1-<-17
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
protecting biological resources, such as a 1ree
preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community
Conservation Plan, or other approved local,
regional, or state habitat conservation plan?
o
o
o
.
Comments:
a) The project site was previously developed with a full-service gas station and convenience store. Based upon the
Chula Vista MSCP Subarea Plan, the project site is designated as a developable area; based upon a field
inspection by City staff no candidate, sensitive, or special status species are present within or immediately
adjacent to the proposed development area.
b) Based upon the Chula Vista MSCP Subarea Plan and field inspection by City staff, no sensitive natural
communities are present within or immediately adjacent to the proposed development area,
c) Based upon the Chula Vista MSCP Subarea Plan and field inspection by City staff, no wetlands are present
within or immediately adjacent to the proposed development area,
d) Based upon the Chula Vista MSCP Subarea Plan and field inspection by City staff. no native resident or
migratory wildlife corridors or native wildlife nursery sites exist within or immediately adjacent to the proposed
development area,
e) No biological resources would be affected by the proposal and no conflicts with local policies or ordinances
protecting biological resources would result.
f) No impacts to local, regional or state habitat conservation plans would result since the project site is a
designated development area pursuant to the adopted Chula Vista MSCP Subarea Plan.
Mitieation: No mitigation measures are required.
V. CULTURAL RESOURCES. Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource as defined in
State CEQA Guidelines 9 l5064.5?
o
o
o
.
5
j-Lj b
Issues:
Less Than
Potentially Significant Less Than
With
Significant Mitigation Significant No Impact
Impact Incorporated Impact
D D D .
b) Cause a substantial adverse change in the
significance of an archaeological resource pursuant
to State CEQA Guidelines 9 15064.5?
c) Directly or indirectly destroy a umque
paleontological resource or site or unique geologic
feature?
D
D
D
.
d) Disturb any human remains, including those interred
outside of formal cemeteries?
D
D
D
.
Comments:
a) No historic resources are known or are expected to be present within the project impact area, Therefore, no
substantial adverse change in the significance of a historical resource as defined in Section 15064.5 is
anticipated.
b) The project site is identified as an area of low potential for cultural resources in the City's General Plan ElK
Based on the low potential for resources, the level of previous disturbance to the site, and the relatively minor
amount of additional grading and excavation for the replacement Underground Storage Tanks and car wash that
would be necessary to construct the proposed project, the potential for impacts to archaeological resources is
considered to be less than significant.
c) The project site is identified as an area oflow potential for paleontological resources in the City's General Plan
ElK Based on the low potential for resources, the level of previous disturbance to the site and the relatively
minor amount of additional grading for the proposed project, the potential for impacts to paleontological
resource or is considered to be less than significant. No unique geologic features are present on the site,
d) No human remains are anticipated to be present within the impact area of the project.
Mitigation: No mitigation measures are required.
VI. GEOLOGY AND SOILS -- Would the project:
a) Expose people or structures to potential
substantial adverse effects, including the risk of
loss, injury or death involving:
L
Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
D
D
D
.
6
-L-j~
Issues:
Earthquake Fault Zoning Map issued by the State
Geologist for the area or based on other
substantial evidence of a known fault?
11.
Strong seismic ground shaking?
111.
Seismic-related
hquefaction?
including
ground
tailure,
IV,
Landshdes?
b)
Result in substantial soil erosion or the loss of
topsoil?
c)
Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in on-
or off-site landslide, lateral spreading, subsidence,
liquefaction or collapse?
d)
Be located on expansive soil, creating substantial
risks to hfe or property?
e)
Have soils incapable of adequately supporting the
use of septic tanks or altemative wastewater
disposal systems where sewers are not available
for the disposal of wastewater?
Comments: See Mitigated Negative Declaration, Section E.
Mitigation: No mitigation measures are required.
VlI. HAZARDS AND HAZARDOUS
MATERIALS, Would the project:
a)
Create a significant hazard to the pubhc or the
7
[-Sf)
Potentially
Significant
Impact
D
D
D
D
D
D
D
D
Less Than
Significant
With
Mitigation
Incorporated
D
D
D
D
D
D
D
D
Less Than
Significant
Impatt
.
D
D
.
.
.
D
D
No Impact
D
.
.
D
D
D
.
.
Issues:
environment through the routine transport, use, or
disposal of hazardous materials?
b)
Create a significant hazard to the public or the
environment through reasonably foreseeable
upset and accident conditions involving the
release of hazardous materials into the
environment?
c)
Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or
proposed school?
d)
Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code section 65962.5 and, as a
result, would it create a significant hazard to the
public or the environment?
e)
For a project located within an airport land use
plan or, where such a plan has not been adopted,
within two miles of a public airport or public use
airport, would the project result in a safety hazard
for people residing or working in the project area?
f)
For a project within the vicinity of a private
airstrip, would the project result in a safety hazard
for people residing or working in the project area?
g)
Impair implementation of or physically interfere
with an adopted emergency response plan or
emergency evacuation plan?
h)
Expose people or structures to a significant risk of
loss, injury or death involving wildland fires,
including where wildlands are adjacent to
8
\ -51
Potentially
Significant
Impact
D
D
D
D
D
D
D
Less Than
Significant
With
Mitigation
Incorporated
.
D
D
D
D
D
D
Less Than
Significant
Impact
D
D
D
D
D
D
D
No Impact
D
.
.
.
.
.
.
Issues:
urbanized areas or where residences are
intermixed with wildlands?
Comments: See Mitigated Negative Declaration, Section E.
Mitil!ation: See Mitigated Negative Declaration, Section F.
VIII. HYDROLOGY AND WATER QUALITY.
Would the project:
a) Result in an increase in pollutant discharges to
receiving waters (including impaired water bodies
pursuant to the Clean Water Act Section 303(d) list).
result in significant alteration of receiving water
quality during or following construction, or violate
any water quality standards or waste discharge
requirements?
b) Substantially deplete groundwater supplies or
interfere substantially with groundwater recharge
such that there would be a net deficit in aquifer
volume or a lowering of the local groundwater table
level (e,g., the production rate of pre-existing nearby
wells would drop to a level which would not support
existing land uses or planned uses for which permits
have been granted)? Result In a potentially
significant adverse impact on groundwater quality?
c) Substantially alter the existing drainage pattern of the
site or area, including through the alteration of the
course of a stream or river, in a manner, which
would result in substantial erosion or siltation on- or
off-site?
d) Substantially alter the existing drainage pattem of the
site or area, including through the alteration of the
course of a stream or river, substantially increase the
9
I-)L
Potentially
Significant
Impact
o
o
o
o
Less Than
Significant
With
Mitigation
Incorporated
o
o
o
o
Less Than
Significant
Impact
.
.
.
o
No Impact
o
o
o
.
Issues:
rate or amount of sunace runoff in a manner which
would result in flooding on- or off-site, or place
structures within a 100-year Hood hazard area which
would impede or redirect flood flows?
e) Expose people or structures to a significant risk of
loss, injury or death involving flooding, including
flooding as a result of the failure of a levee or dam?
f) Create or contribute runoff water, which would
exceed the capacity of existing or planned
stonnwater drainage systems or provide substantial
additional sources of polluted runoff?
Comments: See Mitigated Negative Declaration Section E,
Mitil!ation: No mitigation measures are required,
IX. LAND USE AND PLANNING. Would the
project:
a) Physically divide an established community?
b) Conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the
project (including, but not limited to the general
plan, specific plan, local coastal program, or zoning
ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
c) Conflict with any applicable habitat conservation
plan or natural community conservation plan?
10
J-Ss
Potentially
Significant
Impact
D
D
D
D
D
Less Than
Significant
With
Mitigation
Incorporated
D
D
D
D
D
Less Than
Significant
Impact
D
.
D
D
D
No Impact
.
D
.
.
.
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Comments:
a) The proposed automobile service station with convenience store and car wash facility would be consistent with
the character of the surrounding area, as it is a replacement of similar land use and, therefore, would not disrupt
or divide an established community,
b) The project site is within the CV (Visitor Commercial) Zone and CV (Visitor Commercial) General Plan
designations, The proposed development requires the approval of a Conditional Use Permit The project has
been found to be consistent with the applicable zoning regulations and the General Plan,
c) The project would not conflict with any applicable adopted environmental plans or policies, Furthennore, the
project would not encroach into or indirectly affect the Habitat Preserve area of the adopted Chula Vista MSCP
Subarea Plan,
Mitigation: No mitigation measures are required,
X. MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a lmown mineral
resource that would be of value to the region and the
residents of the state?
o
o
o
.
b) Result in the loss of availability of a locally
important mineral resource recovery site delineated
on a local general plan, specific plan or other land
use plan?
o
o
o
.
11
I -~'-/
Issues:
Comments:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
No Impact
Less Than
Significant
Impact
a) The proposed project would not result in the loss of availability of a known mineral resource of value to the
region,
b) Pursuant to the Environmental Impact Report for the City of Chula Vista General Plan, the State of Califomia
Department of Conservation has not designated the project site as a mineral resource zone,
Mitil!ation: No mitigation measures are required,
XI. NOISE. Would the project result in:
a) Exposure of persons to or generation of noise levels
in excess of standards established in the local
general plan or noise ordinance, or applicable
standards of other agencies?
b) Exposure of persons to or generation of excessive
groundbome vibration or groundbome noise levels?
c) A substantial permanent increase in ambient noise
levels in the project vicinity above levels existing
without the project?
d) A substantial temporary or periodic increase in
ambient noise levels in the project vicinity above
levels existing without the project?
e) For a project located within an airport land use plan
or, where such a plan has not been adopted, within
two miles of a public airport or public use airport,
would the project expose people residing or working
in the project area to excessive noise levels?
f) For a project within the vicinity of a private airstrip,
would the project expose people residing or working
in the project area to excessive noise levels?
12
\ -Ss
o
o
.
o
o
o
o
.
o
o
.
o
o
o
.
o
o
o
o
.
o
o
o
.
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Comments:
a, c and d) Due to the close proximity of the existing Interstate fteeway and trolley tracks to the west, major arterial
streets adjacent to the project site, distance between the project site and the motel to the north and restaurant/retail
uses to the east, buffering of the motel by the proposed structures, and the angle of the car wash building openings
with respect to the motel, the development of the project is not anticipated to result in any significant noise impacts
to noise-sensitive land uses in the immediate vicinity, The closest single-family residential land uses are
approximately Y2 mile to the east and v.. mile to the south, across Broadway, Compliance with the noise control
ordinance of the Chula Vista Municipal Code, which regulates the truL"{imum one-hour average sound level that can
be generated at the property line, is mandatory for any activities occurring on-site,
b) It is not anticipated that persons will be exposed to excessive groundbome vibration or noise levels, as there will
not be any heavy industrial equipment or machinery operated on-site beyond short-tenn construction activities,
e) The project is not located within an airport land use plan nor within two miles of a public airport or public use
airport; therefore, the project would not expose people residing or working in the project area to excessive noise
levels,
1) The project is not located within the vicinity of a private airstrip; therefore, the project development would not
expose people working in the project area to excessive noise levels,
Mitil!ation: No mitigation measures are required,
XII. POPULATION AND HOUSING. Would the
project:
a) Induce substantial population growth in an area,
either directly (for example, by proposing new
homes and businesses) or indirectly (for example,
through extension of road or other infrastructure)?
o
o
o
.
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement
housing elsewhere?
o
o
o
.
c) Displace substantial numbers
necessitating the construction of
housing elsewhere?
of people,
replacement
o
o
o
.
13
I-SL
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Comments:
a) No housing development is proposed that would induce substantial population growth in the area or require
substantial inrrastructure improvements, Based upon the size and nature of the proposal, no population growth
inducement is anticipated. The project is an allowable retail use per the Zoning Ordinance and in compliance
with the General Plan land use designation,
b) Because no housing currently exists on the project site, no displacement of housing would occur,
c) Because no housing currently exists on the project site, no displacement of persons would occur,
Mitil!ation: No mitigation measures are required,
XIII. PUBLIC SERVICES. Would the project:
a) Result in substantial adverse physical impacts
associated with the provision of new or physically
altered governmental facilities, need for new or
physically altered govemmental facilities, the
construction of which could cause significant
enviromnental impacts, in order to maintain
acceptable service ratios, response times or other
performance objectives for any public services:
Fire protection?
D
D
D
.
Police protection?
D
D
D
.
Schools?
D
D
D
.
Parks?
D
D
D
.
OtheT public facilities?
o
o
o
.
14
-~1
,)
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Comments:
a) According to the Fire Department, an appropriate on-site turning radius for fIre trucks has been provided and
adequate fIre protection services can continue to be provided to the site, The distance to the nearest fIre station
is I mile with an estimated Fire Department response time of3 minutes. As of September 2003, additional fIre
stations such as Fire Station 4 and Fire Station 7 on the eastem side of the City have been developed and are in
operation to improve fIre services and response times throughout the City, The proposed project would not
have a signifIcant effect upon or result in a need for new or altered fIre protection services. The City
perfonnance objectives and thresholds would continue to be met.
b) According to the Police Department, adequate police protection services can continue to be provided upon
completion of the proposed project. The proposed project would not have a signifIcant effect upon or result in a
need for substantial new or altered police protection services, The City perfonnance objectives and thresholds
would continue to be met.
c) The proposed project would not induce population growth; therefore, no signifIcant adverse impacts to public
schools would result. Furthermore, the applicant would be required to pay the statutory building permit school
facility fees for the proposed new commercial building.
d) Because the proposed project would not induce population growth, it would not create a demand for
neighborhood or regional parks or facilities or impact existing park facilities,
e) The proposed project would not have a signifIcant effect upon or result in a need for new or expanded
governmental services and would continue to be served by existing public inrrastructure.
Mitil!ation: No mitigation measures required,
XIV. RECREATION. Would the project:
a)
Increase the use of eXIsting neighborhood and
regional parks or other recreational facilities such
that substantial physical deterioration of the facility
would occur or be accelerated?
o
o
o
.
b)
Does the project include recreational facilities or
require the construction or expansion of recreational
facilities, which have an adverse physical effect on
the environment?
o
o
o
.
15
c '
- J '~,
Issues:
Comments:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
No Impact
Less Than
Significant
Impact
a) Because the proposed project would not induce population growth, it would not create a demand for
neighborhood or regional parks or facilities nor impact existing neighborhood parks or recreational facilities.
b) The project does not include the construction or expansion of recreational facilities, which could have an
adverse impact on the environment According to the Parks and Recreation Element of the General Plan, the
project site is not planned for any future parks and recreation facilities or programs.
Miti!!:ation: No mitigation measures are required,
XV. TRANSPORTATION / TRAFFIC. Would the
project:
a) Cause an increase in traffic, which is substantial in
relation to the existing traffic load and capacity of
the street system (i,e" result in a substantial increase
in either the number of vehicle trips, the volume to
capacity ratio on roads, or congestion at
intersections)?
b) Exceed, either individually or cumulatively, a level
of service standard established by the county
congestion management agency for designated roads
or highways?
c) Result in a change in air traffic pattems, including
either an increase in traffic levels or a change in
location that results in substantial safety risks?
d) Substantially increase hazards due to a design
feature (e,g" sharp curves or dangerous
intersections) or incompatible uses (e,g" fann
equipment)?
e) Result in inadequate emergency access?
f) Result in inadequate parking capacity?
16
1-~'1
o
.
o
o
o
.
o
o
o
.
o
o
o
.
o
o
o
.
o
o
o
.
o
o
Issues:
g) Conflict with adopted policies, plans, or programs
supporting altemative transportation (e,g., bus
tumouts, bicycle racks)?
Commeuts: See Mitigated Negative Declaration, Section E.
Miti!!ation: See Mitigated Negative Declaration, Section F.
XVI. UTILITIES AND SERVICE SYSTEMS.
Would the project:
a) Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board?
b) Require or result in the construction of new water or
wastewater treatment facilities or expansion of
existing facilities, the construction of which could
cause significant environmental effects?
c) Require or result in the construction of new stonn
water drainage facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects?
d) Have sufficient water supplies available to serve the
project rrom existing entitlements and resources, or
are new or expanded entitlements needed?
e) Result in a determination by the wastewater treatment
provider, which serves or may serve the project that it
has adequate capacity to serve the project's projected
demand in addition to the provider's existing
commitments?
17
- 01-
Potentially
Significant
Impact
o
o
o
o
o
o
Less Than
Significant
With
Mitigation
IncoTporated
o
o
o
o
o
o
Less Than
Significant
Impact
o
o
o
o
o
o
No Impact
.
.
.
.
.
.
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
f) Be served by a landfill with sufficient pennitted
capacity to accommodate the project's solid waste
disposal needs?
D
D
.
D
g) Comply with federal, state, and local statutes and
regulations related to solid waste?
D
D
D
.
Comments:
a) The project site is located within an urban area that is served by all necessary utilities and service
systems, No exceedance of wastewater requirements of the Regional Water Quality Control Board would
result from the proposed project.
b) See XVLa. No construction of new water or wastewater treatment facilities or the expansion of existing
facilities would be necessary. However, the proposal includes an automated car wash designed with oil-
mud separators and water reclamation systems in compliance with Storm Water Management principles;
all surface runoff shall be directed to the oil/water separator or a sump equipped with filters and oil
absorbing booms before discharge to public storm drainage systems,
c) See XVLa. and c. No construction of new storm water drainage facilities or expansion of existing
facilities would be necessary,
d) The project site is within the potable water service area of the Sweetwater Authority. Pursuant to
correspondence from the Sweetwater Authority, the project may be serviced from existing potable water
mains, No new or expanded entitlements are anticipated for the proposed project,
e) See XVLa, and b,
f) The City of Chula Vista is served by regional landfills with adequate capacity to meet the solid waste
needs of the region in accordance with State law.
g) The proposal would comply with federal, state and local regulations related to solid waste,
Mitil!ation: No mitigation measures are required,
18
,.
-- L"'
Issues:
XVII. THRESHOLDS
Will the proposal adversely impact the City's
Threshold Standards?
A. Library
The City shall cons1ruct 60,000 gross square feet
(GSF) of additional library space, over the June 30,
2000 GSF total, in the area east of Interstate 805 by
buildout The cons1ruction 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,
B}Police
a) Emergency Response: 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,
b) Respond 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,
C) Fire and Emergencv Medical
Emergency response: Properly equipped and staffed fIre
and medical units shall respond to calls throughout the City
within 7 minutes in 80% of the cases (measured annually),
D) Traffic
The Threshold Standards require that all intersections must
operate at a Level of Service (LOS) "C" or better, with the
exception that Level of Service (LOS) "D" may occur
during the peak two hours of the day at signalized
intersections. Signalized intersections west ofI-805 are not
to operate at a LOS below their 1991 LOS, No intersection
may reach LOS "E" or "F" during the average weekday
peak hour. Intersections of arterials with fTeeway ramps
are exempted fTom this Standard.
19
I -
Potentially
Significant
Impact
o
o
o
o
c -.
Less Than
Significant
With
Mitigation
Incorporated
o
o
o
o
Less Than
Significant
Impact
No Impact
o
.
.
o
.
o
.
o
Less Than
Potentially Significant Less Than
With
Issues: Significant Mitigation Significant No Impact
Impact Incorporated Impact
E) Parks and Recreation Areas 0 0 0 .
The Threshold Standard for Parks and Recreation is 3
acres of neighborhood and community parkland with
appropriate facilities/1,OOO population east ofI-805,
F) Drainage 0 0 . 0
The Threshold Standards require that stonn water flows
and volumes not exceed City Engineering Standards,
Individual projects will provide necessary improvements
consistent with the Drainage Master Plan(s) and City
Engineering Standards,
G) Sewer
o
o
.
o
The Threshold Standards require that sewage flows and
volumes not exceed City Engineering Standards.
Individual projects will provide necessary improvements
consistent with Sewer Master Plan(s) and City Engineering
Standards,
H) Water
o
o
.
o
The Threshold Standards require that adequate storage,
treatment, and transmission facilities are constructed
concurrently with planned growth and that water quality
standards are not jeopardized during growth and
construction.
Applicants may also be required to participate in whatever
water conservation or fee off-set program the City of
Chula Vista has in effect at the time of building permit
Issuance,
20
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Comments:
a) The project is not a housing development; therefore, no impacts to library facilities would result No adverse
impact to the City's Library Threshold standards would occur as a result of the proposed project
b) According to the Police Department, adequate police protection services can continue to be provided upon
completion of the proposed project The proposed automobile service station/convenience store and carwash
facility would not have a significant effect upon or result in a need for substantial new or altered police
protection services, No adverse impact to the City's Police Threshold standards would occur as a result of the
proposed project
c) According to the Fire Department, adequate fire protection and emergency medical services can continue to be
provided to the site, As of September 2003, additional fire stations such as Fire Station 4 and Fire Station 7 on
the eastern side of the City have been developed and are in operation to improve fire services and response
times throughout the City, The proposed project would not have a significant effect upon or result in a need for
new or altered fire protection services, No adverse impact to the City's Fire and Emergency Medical Threshold
standards would occur as a result of the proposed project
d) According to the Traffic Engineering Section, based upon the project traffic generated, all roadways
segments and intersections within the study area are estimated to operate at levels of service "c" or better
in compliance with the City's Traffic Threshold Standards,
e) Because the project site is located west of Interstate 805, this Threshold Standard is not applicable,
t) A drainage study will be prepared in conjunction with the final grading and improvement plans and drainage
facilities designed in accordance with the Drainage Master Planes) and City Engineering standards will be
installed at the time of site development No adverse impacts to the City's StOIDl drainage system or City's
Drainage Threshold standards will occur as result of the proposed project
g) The project site lies in the "0" Street Sewer Basin. The sewer facilities serving the project site consist of an 8-
inch sewer line running northeasterly along "E" Street on the south side of the project site. The Engineering
Department has determined that these facilities are adequate to serve the proposed project No new sewer
facilities are anticipated to be required and no adverse impacts to the City's Sewer Threshold standards will
occur as a result of the proposed project
h) Pursuant to correspondence received from the Sweetwater Authority, dated May 27, 2003, there is a 12-inch
water main located on the north side of E Street and one existing l-lI2-inch plastic water service for this
property, Their records indicate that there is one existing water service to the property and continued service to
the project site area, Project impacts to the Authority's storage, treatment, and transmission facilities would be
less than significant
21
\ -6'-/
Issues:
XVIII. MANDATORY FINDINGS OF
SIGNIFICANCE
a) Does the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining
levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range
of a rare or endangered plant or animal or eliminate
important examples of the major periods of
California history or prehistory?
b) Does the project have impacts that are individually
limited, but cumulatively considerable?
("Cumulatively considerable" means that the
incremental effects of a project are considerable
when viewed in connection with the effects of past
projects, the effects of other current project, and the
effects of probable future projects,)
c) Does the project have environmental effects, which
will cause substantial adverse effects on human
beings, either directly or indirectly?
Comments:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
lncorponted
No Impact
Less Than
Significant
Impact
D
.
D
D
D
.
D
D
D
.
D
D
a) The site was previously developed with an automobile service station, is located within an established
urbanized area, and is within the designated development area of the adopted Chula Vista MSCP Subarea
Plan, There are no known sensitive plant or animal species or cultural resources on the site.
b) As described in the Mitigated Negative Declaration, significant direct project impacts would be mitigated to
below a level of significance through the required mitigation measures, No cumulatively considerable
impacts associated with the project when viewed in connection with the effects of past projects, other current
projects and probable future projects have been identified and none are contemplated,
c) See the "Hazards and Hazardous Materials" discussion in Section E of the Mitigated Negative Declaration;
potential impacts associated with the demolition of existing buildings and improvements containing asbestos-
containing materials would be mitigated to below a level of significance.
22
1-65
XIX. PROJECT REVISIONS OR MITIGATION MEASURES:
Project mitigation measures are contained in Section F, Mitigation Necessary to Avoid Significant
Impacts, and Table 1, Mitigation Monitoring and Reporting Program, of Mitigated Negative
Declaration IS-03-033,
XX. AGREEMENT TO IMPLEMENT MITIGATION MEASURES
By signing the line(s) provided below, the Applicant and Operator stipulate that they have each read,
understood and have their respective company's authority to and do agree to the mitigation measures
contained herein, and will implement same to the satisfaction of the Environmental Review Coordinator.
Failure to sign the liners) provided below prior to posting of this Mitigated Negative Declaration with
the County Clerk shall indicate the Applicant's and Operator's desire that the Project be held in
abeyance without approval and that the Applicant and Operator shall apply for an Environmental Impact
Report,
(GGD)
Ignature of Applic
(or authorized representative)
1~/'~/03
Date
Printed Name and Title of Operator
(if different from Applicant)
Signatnre of Operator
(if different from Applicant)
Date
23
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XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentialIy affected by this project, involving at
least one impact that is a "PotentialIy Significant Impact" or "PotentialIy Significant Unless Mitigated,"
as indicated by the checklist on the previous pages,
0 Land Use and Planning . Transportation/Traffic 0 Public Services
0 Population and Housing 0 Biological Resources 0 Utilities and Service Systems
0 Geophysical 0 Energy and Mineral 0 Aesthetics
Resources
0 Agricultural Resources
0 Hydrology/Water . Hazards and Hazardous 0 Cultural Resources
Materials
. Air Quality 0 Noise o Recreation
0 Paleontological 0 Mandatory Findings of Significance
Resources
24
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XXII. DETERMINATION:
On the basis of this initial evaluation:
I find that the proposed project could not have a significant effect on the 0
environment, and a Negative Declaration will be prepared,
I find that although the proposed project could have a significant effect on the .
environment, there will not be a significant effect in this case because the
mitigation measures described on an attached sheet have been added to the project
A Mitigated Negative Declaration will be prepared,
I find that the proposed project may have a significant effect on the environment, 0
and an Environmental Impact Report is required,
I find that the proposed project may have a significant effect( s) on the environment, but 0
at least one effect: I) has been adequately analyzed in an earlier document pursuant to
applicable legal standards, and 2) has been addressed by mitigation measures based on
the earlier analysis as described on attached sheets, if the effect is a "potentially
significant impacts" or "potentially significant unless mitigated," An Environmental
Impact Report is required, but it must analyze only the effects that remain to be
addressed,
o
I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because all potentially
significant effects (a) have been analyzed adequately in an earlier EIR pursuant to
applicable standards and (b) have been avoided or mitigated pursuant to that earlier ErR,
including revisions or mitigation measures that are imposed upon the proposed project
An addendum has been prepared to provide a record of this determination,
:i;~/r9~r:;
///U)/)1
Date' .
Marilyn R.F, Ponseggi
Environmental Review Coordinator
City of Chula Vista
J '\Planning\MARIA \lnitial Study\IS-03-033Checklist.doc
25
1- f:/b
. .,...-,...--..-.---
THF,-.:pITY OF CHULA VISTA DISClOSURr iTA TEMENT
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 )'Ihioh is the subject of the
application or the contract, e.g" owner applicant, contractor, subcontractor, material supplier.
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c.---<-~.f>X- -A++- J,c, ki t\-'Tt\s,ko... <f,,~..e.-vfVI6~' jrJe
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. .
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J?Qv-IS -A~\~'!A.-s
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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 af
the trust.
{YY\ t t5v\ 8 ~ '"
4, Have you had more than $250 worth of business transacted with any member of the City staff,
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.
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~ e <; \I~ . is '^ Y'Y\SloJ.(!
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 _ If yes, state which
Councilmember(s):
Date:
5-<'-93
(NOTE: ATTACH ADDITIONAL PAGES AS NECESSA
MrS~
~/
r- . ".
Signature of contract lapplicant
pri'~;:fam1of ct1r!to~~cant
i
>II Person is defil1ed as: "Any individual. fir';', co-partnership. joint venture, association, socia! club. freolernol organization. corporation.
estate, trust. receiver. syndicate. this and any other county. city and country. city municipality. district. or other political suhdivision. or any
other group or combinatloll acting as a unit. "
1-6q
ATTACHMENT 6