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HomeMy WebLinkAboutPlanning Comm Reports 1998/05/06 AGENDA CITY PLANNING COMMISSION Chula Vista, California 7:00 p.m. Wednesday. May 6. 1998 CALL TO ORDER Council Chambers Public Services Building 276 Fourth Avenue. Chula Vista ROLL CALL/MOTIONS TO EXCUSE PLEDGE OF ALLEGIANCE INTRODUCTORY REMARKS APPROVAL MINUTES: ORAL COMMUNICATIONS Meeting of April 8, 1998 Opportunity for members of the public to speak to the Planning Commission on any subject matter within the Commission's jurisdiction but not an item on today's agenda. Each speaker's presentation may not exceed rhree minutes. 1. PUBLIC HEARING: 2. PUBLIC HEARING: PCS-98-07/PCM-98-33: Request for a Tentative Subdivision Map with 28 single family detached units and an amendment to the Ranchero Sectional Planning Area Plan to allow a reduction in current development standards for a project located on the south side of East 'J' Street between River Ash Drive and the present terminus of Wild Oak Drive at Paseo Ladera, within the PC Zone - Western Pacific Housing PCM-98-1O: Request to amend the General Development Plan, Site Utilization Plan and Land Use Map for Rancho Del Rey Specific Planning Area (SPA) III in order Co change designation on subject parcel from CPF (Community Purpose Facility) to OS-3 (Open Space) to allow the primary use of the site to be used for a "for-profit" day care - Rancho del Rey Investors, L.P. Planning Commission Agenda - 2 - May 6, 1998 3. Consideration of dinner tickets to Beautification Awards Banquet. 4. Update on Council Items. DIRECTOR'S REPORT: COMMISSIONER COMMENTS: ADJOURNMENT: p.m. to the regularly scheduled meeting of Wednesday, May 13, 1998 at 7:00 p.m. in the Council Chambers. COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA) The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), requests individuals who may require special accommodations to access, attend, and/or participate in a City meeting, activity, or service to request such accommodation at least/arty-eight hours in advance for meetings andjive days in advancefor scheduled services and activities. Please contact Diana Argas for specific information at (619) 691-5101 or Telecommunications Devices for the Deaf (TDD) (619) 585-5647. California Relay Service is available for the hearing impaired. PLANNING COMMISSION AGENDA STATEMENT Item 1 Meeting Date 5/6/98 ITEM TITLE: Public Hearing: PCS 98-07/PCM 98-33; Request for a Tentative Subdivision Map with 28 single family detached units and an amendment to the Ranchero Sectional Planning Area Plan to allow a reduction in current development standards for a project located on the south side of East "J" Street between River Ash Drive and the present terminus of Wild Oak Drive at Paseo Ladera, within the PC Zone - Western Pacific Housing. BACKGROUND The adoption of the Ranchero Sectional Planning Area (SPA) plan in 1980 set forth specific land use regulations and designations for property located within the SPA boundaries. Included in this plan was a 10 acre parcel identified as the Bennett property. It was not included in the EI Rancho Del Rey Master Tentative Map, in that it remained under separate ownership. In October of 1985, a subdivision map was recorded which allowed the division of 1.4 at the westerly end of the Bennett site to be divided into nine zero lot line single family residential lots . This was known as EI Rancho Del Rey 6E (Chula Vista Tract 85-10). On July 20, 1991, a condition of final map approval for Rancho Del Rey Sectional Planning Area (SPA) III, required the extension of East "J' Street through the Bennett site. These improvements were subsequently made. On November 10, 1997, an application was filed to split the remaining 8.6 acres into two parcels, to be divided at the centerline of East J Street. On December 18, 1997, the applicant for this project filed an application requesting to subdivide the southernmost 5.25 acre parcel into twenty eight single family lots. At the time of the writing of this report, the 8.6 acre property is still being processed through the Engineering Department in order to create two parcels, one north and one south of East "J" Street. An Initial Study, IS 98-23, of possible significant environmental impacts has been conduced by the Environmental Review Coordinator. A finding of no significant impact has been made in accordance with the California Environmental Quality Act (CEQA). Public Forums Two separate public forums were held to discuss the proposed project with the surrounding residents. The first of these was held on March 26, 1998. Based upon input received, an alternative plan was presented at a follow-up forum held on April 14, 1998. A more detailed account of the issues raised at these two forums is presented under "Public Input" in the body of this agenda statement. PLANNING COMMISSION AGENDA STATEMENT Item 2 Meeting Date 5/6/98 ITEM TITLE: Public Hearing: PCM 98-10; Request to amend the General Development Plan, Site Utilization Plan and Land Use Map for Rancho Del Rey Specific Planning Area (SPA) III in order to change designation on subject parcel from CPF (Community Purpose Facility) to OS-3 (Open Space) to allow the primary use of the site to be used for a "for-profit" day care- Rancho del Rey Investors, L.P. BACKGROUND The Project Site (1.8 acres gross) is located northeast of the intersection of Paseo Ladera and Paseo Entrada, one block north of Telegraph Canyon Road. The current CPF Land Use Designation allows the site to be used only for "non profit" Community Purpose Facilities which are ancillary to another permitted use (ie. church). In 1985, the site was being considered by use as a park. Later, the City determined the site was too small and wanted a larger park site (resulting in 10 acre Voyager Park). Following this, the site has been marketed primarily as a church site. The applicant has since learned that the site is too small to meet the size requirements of today's church's, which generally require a 5 acre minimum parcel size. Therefore, the applicant is now requesting an amendment to the SPA II Plan in order to change the land use designation from CPF to OS-3. At the present time, the applicant wishes to market the site for a "for profit" day care facility as the primary use of the site (an allowable use in the OS-3 zone). An Initial Study, IS 98-11, of possible significant environmental impacts has been conducted by the Environmental Review Coordinator resulting in the preparation of an addendum to previously certified EIR 89-10, Rancho del Rey, SPA III, pursuant to the provisions of the California Environmental Quality Act (CEQA). Public Forum On March 16, 1998 a public forum was held to present to proposed project to the residents of the area and solicit their comments. Issues discussed included: concern over hours of operation of a proposed day care use; placing limitations on the number of children who will attend the day care facility; traffic concerns along the collector street and other potential uses if day care facility is not constructed. RECOMMENDATION: That the Planning Commission adopt Resolution PCM 98-10 recommending the City Council consider the addendum prepared for the previously certified EIR for SPA III (EIR89-1O) and Page 2, Item: 2 Meeting Date: 5/6//98 Resource Conservation Conunission On March 30, 1998 the Resource Conservation Conunission considered the Negative Declaration based on IS 98-23 and voted 5-0-0-1 not to reconunend the adoption of the Negative Declaration. The Conunission claimed there was insufficient information regarding paleontological, archeological resources, insufficient time to review the Habitat Conservation Plan and Biological report, insufficient infonnation regarding the location and size of the Coastal sage scrub mitigation site and the City of Chula Vita has utilized its allocation of Coastal sage loss (see staff response under "Biology" section of this report). RECOMMENDATION: That the Planning Conunission adopt Resolution PCS 98-07 and PCM 98-33 reconunending the City Council conditionally approve a proposed division of 5.25 acres into twenty eight single family lots ranging in size from 5000-7500 square feet and amending the Rancher Specific Plan to modify the required development standards affecting single family detached residential lots. MAIN ISSUES: 1. Based upon the outcome of two public forums held with residents of the area of the, the consensus of the residents to a desire for no project to be built on the site. However, if that is not possible, they prefer the dual cul-de-sac alternative rather than having the thru street design. 2. The biology on-site has been identified as a significant concern of the public attending the series of public forums regarding this proposed project. However, staff does not concur that this is of significant concern, as discussed in this report under "Biology". 3. Staff recommends the project be reduced by one lot and lot sizes adjusted to provide more transition of lot sizes, especially with existing residents to the east. A resulting 27 lot proposal with through street to East "J" Street is preferred by staff over the double cul-de- sac design. However, both design solutions are acceptable. Site Characteristics The site consists of 5.25 acres located on the south side of East "J' Street. It surrounded by existing residential developed to the west, south and east. Page 3, Item: 2 Meeting Date: 5/61198 General Plan. Zoning and Land Use Site North South East West General Plan Res (3-6 DUlAC) Res (3-6 DUlAC) Res. (3-6 DUlAC) Res. (3-6 DUlAC) Res (3-6 DUlAC) Zoning(SPA Desig) PC (Sing. Fam. Detached) PC (Sing. Fam. Detached) PC (Sing. Fam. 0 Lot Line) PC (Sing. Fam. 0 Lot Line) PC (Sing. Fam. 0 Lot Line) Existin~ Land Use Avg Lot Size Vacant Vacant Sing. Fam. Dwelling 5000 s.f. Sing. Fam. Dwelling 7000 s.f Sing. Fam. Dwelling 5000 s.f Proposal The proposal is for a tentative subdivision map containing 28 single family detached lots. Lots will range in size from 5000 square feet to 7000 square feet. This proposal includes extending Wild Oak Road through to East "J" Street. Also requested is an amendment to the Ranchers Sectional Planning Area Plan regarding minimum development standards in terms of lot sizes and building setback requirements. Sectional Planning Area Compatibility The 5.25 acres in question was originally a portion of the ten acre "out parcel" which was excluded form the EI Rancho Del Rey No.6 subdivision (1980) because the property was under separate ownership and the owner did not want to develop at that time. Nonetheless, the property is still governed by the Ranchero Sectional Planning Area Plan which was adopted in 1980. This Plan calls out the density allowed within the different portions of the plan. The "Bennett" property, as it is identified, was treated as an "out parcel", but subject to the requirements contained in the SPA plan. However, other than calling out the minimum lot sizes for the various areas within the plan, there is no particular mention of density ranges. Instead, there is an overall holding capacity for the entire land area contained within the boundaries of the SPA Plan. Thus, according to the adopted Plan, the fact that the density of a particular 10 acres may exceed the "permitted" density for that area (based upon lot size) is of no great concern as long as the overall loading capacity of the sectional Planning area is observed. The holding capacity of the Ranchero Sectional Planning area is to be limited to 415 units. There are currently 369 lots within the EI Rancho Del Rey Development, leaving 46 remaining lots before the holding capacity of 415 units is realized. The SPA plan requires that development of the area contained within the proposed project boundaries be for single family detached residences with development standards be governed mainly by the provisions of the R-I-7 standards which includes requiring a minimum lot size of 7,000 as well as specific setbacks. The only exceptions to the R-I-7 standards described in the SPA plan were regarding setbacks for lots adjacent to 0 lot line homes as well as lots fronting along East "J" Street. Said lots along East "J" Street require a minimum front yard setback of thirty-five feet. These requirements are delineated in applicable section of the SPA Plan shown Page 4, Item: 2 Meeting Date: 5/6//98 on Attachment B. Land Use Compatibility Staff has been concerned about the proposed lot size compatibility with the existing adjacent residential lots, especially to the east. These existing lots to the east are minimum of 7000 sq. ft. The applicant was originally proposing a minimum 5000 lot size for the proposed subdivision. Staff requested the applicant to transition the lot sizes to achieve greater compatibility with the exiting residences. In essence, this would necessitate reducing the lot count from 29 to 27 lots.) The applicant has been willing to reduce the lot count by one. Thus the current proposal is for 28 lots. Staff still recommends a reduction of one more lot in order to achieve greater compatibility. The transition of lot sizes with the existing lots to the west and south is of lesser concern in that they were built under different development standards which allowed a minimum lot size of 5000 square feet and 0 lot line and said lots are not oriented to interface in such a critical manner as the lots immediately to the east. Proposed Amendment to Rancher Specific Plan The R-I-7 standards that currently apply to this development requires a minimum lot size of7000 sq. ft. However, this does allow a certain percentage of lots to be less than this as long as the overall average remains at 7000 sq. ft. . The applicant is requesting to greatly reduce the percentage of lots which must be 7000 sq. ft. and requiring the majority of lots only needing to maintain a minimum of 5000 square feet. Staff supports the proposed change in allowable lot sizes as long as the positioning of the lots is such as to allow a favorable transition with the existing surrounding lot sizes. The following table shows the break down of percentages of lot sizes allowed under the R-I-7 standard as well as the proposal by the applicant. R -1- 7 standards proposed standards 7000 sq. ft. minimum 70 % 5 % 6000 sq. ft. minimum 20 % 25 % 5000 sq. ft. minimum 10% 70 % Other development standards which the applicant is requesting amending include the building setbacks. The applicant is requesting that the sideyard setbacks be reduced from the required 10 ft and 3 ft to allowing a minimum of five feet on both sides. This will accommodate the product type being proposed by the developer. In addition, the applicant is proposing to reduce the required rear yard setbacks for lots fronting along East" J" Street from twenty feet to fifteen feet. Page 5, Item: 2 Meeting Date: 5/6//98 This is necessary in order to accommodate the housing type proposed by the applicant. Staff supports this setback reduction since there is already a thirty five foot front setback required for these same lots which front along East "J" Street. In terms of side yard setbacks, staff still prefers maintaining 10 feet and 3 feet, if possible. The applicant has indicated that under the proposed plan with thru street, these setbacks could be maintained. However, in order to accommodate the previously developed home plan for the recently developed alternative proposal, it would be necessary to have setbacks of 5 and 5. While staff will support this proposal if the dual cui de sac alternative is adopted, staff recommends that if the thru street proposal is adopted, that the proposed amendment to the Ranchero Sectional Planning Area Plan delete the proposal for 5 and 5 setbacks. Complete text of applicants proposal to modify the development standards of the Rancher Specific Plan are shown on Attachment C. Public Input The applicants proposal originally requested for 29 lots with most of the lots ranging in size from 5000 to 6000 square feet, including at the eastern end of the proposed subdivision. Due to staffs concern over the compatibility of these lot sizes with the existing surrounding development, especially to the east, it was requested that the developer hold a public forum to discuss their proposal. The first of these forums was hid on March 26, 1998. While there were only a few residents in attendance, the consensus of the residents along Wild Oak Road was they did not want the existing stub street extended through to East "J" Street. They indicated at the time of purchase of their homes, they had been informed that the temporary cul-de-sac would always be there. As a result of the input received from the residents, staff requested the developer to explore the feasibility of an alternative design that might meet the concerns of the residents. As a result, a dual cul-de-sac alternative was developed and presented to the residents at a second public forum held on April 14, 1998. At this forum, many more residents were in attendance. After the developer presented their preferred (now) 28 lot with a through road to East" J" Street and the dual cul-de-sac alternative, input was received regarding biology concerns on the property. It was indicated by the public that the biology on-site is of significant concern and that the environmental review process that has been conducted by City staff and other outside resource agencies was inadequate to address the biological sensitivity of the site. Following this, one of the residents brought up a "third" alterative- no project. The result was that the consensus of the residents now became one of wanting no development of the property. If that were not possible, they then agree that the dual cul-de-sac alternative was preferred and in no case would they consider accepting the extension of the road going all the way through from Wild Oak Road to East "J" Street. Alternate Proposal Based upon concerns expressed by residents surrounding the project area, the applicant developed Page 6, Item: 2 Meeting Date: 5/6//98 an alternative proposal in an effort to address these concerns. The plan proposes a dual cul-de- sac. One of these will be approximately 100 feet west of the existing cul-de-sac. The other will be at the terminus of proposed road coming off of East "J" Street. The 28 lots proposed contain lot sizes ranging from 5200-7400 sq. ft. Along the eastern perimeter of the project, lot sizes between 6500-7000 square feet are proposed. Staff believes this much better matches the existing lots to the east and is supportive of this alternative without recommending any further reduction in number lots. Nonetheless, from a planning perspective staff still prefers the original proposal of having the road extended all the way through from its existing terminus on Wild Oak Drive to East "J" Street. It is preferable in terms of circulation patterns and is especially impact for services such as fire and police. It should be noted that if the Planning Commission recommends the alternative dual cul-de-sac proposal, the map will be conditioned to reduce the rear yard slope area of Lot 13. This could be accomplished be a series of retaining walls no higher than 4 feet, which would then provide up to eight additional feet of usable yard area. As currently configured, the rear yard of said Lot is very small. Staff also recommends that the front yard of Lot 23 be increased from what is shown on the proposed lot layout. This front yard area should be increased to thirty feet, consistent with the proposed setback for Lot 26. This will allow for additional front yard landscaping as well as provide for more openness to the cul-de-sac design. Biolo~y The biology of project site has been previously disturb and revegetated with a mix of both desert and scrub native species. The dominant plant species are brittlebrush, common encelia,coast goldenbush, and deer weed. Brittlebrush is native to desert areas east and northeast of coastal San Diego County and is not a natural component of native vegetation in the coastal area. The project site contains approximately 50 individual California sagebrush plants are widely scattered on the site. There are other native and non-native plant species present but are not considered to be threatened or endangered species. No coastal sage scrub habitat was found on the site. On September, 1997 a single pair of coastal California gnatcatchers was observed foraging in the revegetated scrub on-site during a biological survey conducted by RECON. This species is listed as threatened by the U.S. Fish and Wildlife Service (USFWS), and is considered a species of special concern by the California Department of Fish and Game. The applicant has prepared a Habitat Conservation Plan (HCP) and has recently received an incidental take permit from the USFWS pursuant to the Endangered Species Act of 1973, as amended. This pennit authorizes the incidental take of one pair of coastal California gnatcatchers in association with the proposed single family residential development of the project site, subject to prescribed mitigation measures including off-site habitat replacement. . The Mitigated Negative Declaration prepared for the project by the Citys Environmental Review Page 7, Item: 2 Meeting Date: 5/6//98 Coordinator, reflects the mitigation required by the U.S. Fish and Wildlife Service in order to develop the property. Street Names Should the alternative dual cul-de-sac proposal become the adopted project it will be necessary to name the cul-de-sac coming off of East "J" Street. The applicants preferred name is "Vista Oak Court". This name has been reviewed and found acceptable by the Planning Department, Fire Department, Traffic Engineering and the Chula Vista Post Office. The name for the cul-de- sac at the terminus of Wild Oak Road will remain unchanged. CONCLUSION Attachments 1. Draft Minutes of Resource Conservation Committee 2. Current development standards of Ranchero Specific Plan 3. Proposed development standards of Ranchero Specific Plan 4. Mitigated Negative Declaration for IS 98-23 (II . .jeff\ pcrpt\bennett. wpd H :\HOME\PLANNING\JEFF\PCRPT\BENNETT. WPD RESOLUTION NO. PCS-98-07 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING APPROVAL OF A TENTATIVE SUBDIVISION MAP TO ALLOW THE SUBDIVISION OF 5.25 ACRES INTO 28 SINGLE FAMILY LOTS RANGING IN SIZE FROM 5000 TO 7000 SQUARE FEET ON THE SOUTH SIDE OF EAST "J" STREET BETWEEN RIVER ASH DRIVE AND THE CURRENT TERMINUS OF WILD OAK ROAD OFF OF PASEO LADERA. WHEREAS, a duly verified application for a tentative subdivision map was submited December 18, 1997 by Western Pacific Housing; and, WHEREAS, said application requests approval to divide a 5.25 acre parcel into 28 single family detached lots; and WHEREAS, the Enviromnental Review Coordinator has determined that the proposed project will have no negative impact and that a Mitigated Negative Declaration (IS-98-23) shall be issued under CEQA; WHEREAS, the Planning Director set the time and place for a hearing on said tentative subdivision map 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 May 6, 1998 at 7:00 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 public hearing with respect to subject application. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION does hereby recommend that the City Council approve Tentative Subdivision Map PCS 98-07 in accordance with the findings and subject to the conditions contained in the attached City Council Ordinance. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 6th day of May, 1998, by the following vote, to-wit: AYES: NOES: ABSTAIN: Patty Davis, Chair ATTEST: Diana Vargas, Secretary m:\home\planning\jeft\pcreso\tsm 98-07 RESOLUTION NO. PCM-98-33 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION APPROVING AN AMENDMENT TO THE RANCHERO SECTIONAL PLANNING AREA (SPA) PLAN IN ORDER TO CHANGE THE DEVELOPMENT STANDARDS APPLICABLE TO SINGLE FAMILY DETACHED RESIDENTIAL LOTS FOR LOTS 1 THRU 28 AS SHOWN ON TRACT MAP PCS 98-07. WHEREAS, a duly verified application, PCM 98-33, for a Miscellaneous Amendment was filed with the Chula Vista Planning Department on March 16, 1998 by Western Pacific Housing ("Applicant") and WHEREAS, said application requested an amendment to the development standards for 5.25 acres designed for single family detached housing units as single family detached housing as shown on Tract Map PCS 98-07; and WHEREAS, said amendment will include a reduction in development standards as outlined in Attachment "B"; and WHEREAS, the Planning Director set the time and place for a hearing on said SPA amendment 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 an area greater than 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 May 6, 1998 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. WHEREAS, the Commission has reviewed and recommends adoption of a Mitigated Negative Declaration for IS 98- NOW, THEREFORE, BE IT RESOLVED THAT from the facts presented to the Planning Commission, the Commission has determined that the amendment to the Ranchero Sectional Planning Area Plan is consistent with the City of Chula Vista General Plan and that the public necessity, convenience, general welfare and good zoning practice supports the amendment. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt a Resolution to amend the development standards for that portion of the Ranchero Specific Plan described on Exhibit "A". And that a copy of this resolution be transmitted to the owners of the property and the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 6th day of May 1998, by the following vote, to-wit: PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 6th day of May,. 1998, by the following Yote, to-wit: AYES: NOES: ABSENT: ATTEST: Nancy Ripley, Secretary m: \home\planning\jeft\reso\gat RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING NEGATIVE DECLARATION AND GRANTING APPROVAL OF A TENTATIVE MAP TO ALLOW THE SUBDIVISION OF 5.25 ACRES INTO . 28 SINGLE FAMILY LOTS RANGING IN SIZE FROM 5000 TO 7000 SQUARE FEET ON THE SOUTII SIDE OF EAST "J" STREET BETWEEN RIVER ASH DRIVE AND THE CURRENT TERMINUS OF WILD OAK ROAD OFF OF P ASEO LADERA. I. RECITALS A. Project Site WHEREAS, the parcel which is the subject matter of this resolution is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference. and for the purpose of general description herein, the Project consists of 5.25 acres located on the south side of East "J" Street between River Ash Drive and the current terminus of Wild Oak Road off of Paseo Ladera ("Project site") B. Project Applicant WHEREAS, on a duly verified application for a tentative map (PCS 98-07) with respect to the Project Site was filed with the city of Chula Vista Planning Department by Western Pacific Housing ("Applicant") on December 18, 1997; and C. Project Description; Application for Tentative Map/SPA Amendment WHEREAS, Applicant requests permission to subdivide 5.25 acres into 28 lots on the Project Site; and D. Environmental Determination WHEREAS, in accordance with the requirements of CEQA, the Environmental Review Coordinator has determined that the Project requires the preparation of an Initial Study and a Habitat Conservation Plan, such initial study (IS 98-23) was prepared, and based on such study a Mitigated Negative Declaration was prepared and circulated for public review; and E. Resource Conservation Commission Record on Application WHEREAS, the Resource Conservation Commission considered the Negative Declaration based on IS 98- voted xxxx not to recommend adoption of the Negative Declaration F. Planning Commission Record on Application Resolution No. Page NO.2 WHEREAS, the Planning Commission held an advertised public hearing on the Project on May 13, 1998 and voted _ adopting Resolution PCS-98-07 and PCM 98-33 recommending that the City Council adopted Negative Declaration IS-98-23, and approve the tentative map and amendment to the Specific Plan; and G. City Council Record of Application , WHEREAS, a duly calJed and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on May 26, 1998 to receive the recommendation of the RCC and Planning COlTll1lission, and to hear public testimony with regard to the same. II. PLANNING COMMISSION RECORD The proceedings and alJ evidence on the Project introduced before the Planning Commission at their public hearing on this Project held on May 6, 1998 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. III. COMPLIANCE WITH CEQA In accordance with the requirements of CEQA, the City Council hereby adopts the Mitigated Negative Declaration issued on IS-98-23. IV. TENTATIVE SUBDIVISION MAP FINDINGS: A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map as conditioned herein for Bella Nevona, Chula Vista Tract 98-07 is in conformance with the Ranchero Sectional Planning Area Plan, as amended, and the elements of the City's General Plan, based on the following findings: 1. Land Use The Ranchero SecCional Planning Area has an overall holding capacity of 415 units. Currently, there are 369 lots created within the El Rancho Del Rey Development. As a result, the proposed 28 lots is within the limits of the overall holding capacity. In addition, the SPA plan is being amended concurrently to allow the development standards proposed with this Map. 2. Circulation All of the on-site streets required to serve the subdivision will be constructed. The public streets within the Project will be designed in accordance with the City design Resolution No. Page No.3 standards and! or requirements and provide for vehicular and pedestrian connections with adjacent streets. 3. Housing , The project is an infill project surrounded by residential development and does not involve any public facilities that would induce any further substantial grown. The project site does not involve any existing housing that would be displaced. The project will provide additional housing consistent with the zoning and development patterns of the neighborhood. 4. Conservation The developer has prepared a Habitat Conservation Plan (HCP) and has received an incidental take permit from U.S. Fish and Wildlife Service (USFWS) pursuant to Section lO(a)(I)(B) of the Endangered Species Act of 1973, as amended (ESA). This permit authorizes the take of 1 pair of coastal gnatcatchers in association with the proposed single family residential development of the project site. 5. Parks and Recreation, Open Space The developer will be required to pay the Park Acquisition and Development Fee with the Final Map approval. 6. Seismic Safety The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. The main trace of the La Nacion Earthquake fault, a potentially active fault is 'h miles to the west and would nor directly nor indirectly impact the project site. The site is not currently within a mapped Earthquake Fault Zone. 7. Safety The Fire Department and other emergency service agencies have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal meets the City Threshold Standards for emergency services. 8. Noise The project is required to meet existing standards for residential development. All dwelling units must be designed to preclude interior noise levels over 45 dBA and exterior noise exposure to 65 dBA in accordance with the City's performance standards and the noise level standards of the Uniform Building Code. Resolution No. Page No.4 9. Scenic Highway The project is not adjacent to scenic highways. 10. Bicycle Routes . No bicycle routes are required with the proposed development. The recently created parcel map (Tentative Parcel Map 98-05) requires, as a condition of approval, that the developer of said parcel map provide a bikeway on East "J" Street along project frontage. II. Public Buildings No public buildings are proposed on the project site. B. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. C. The configuration, orientation and topography of the site partially allows for the optimum sitting of lots for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1. D. The site is physically suitable for residential development and the proposal conforms to all standards established by the City for such projects. E. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. BE IT fURTHER RESOLVED, that the City Council does hereby approve the Project subject to the general and special conditions set forth herein. V. TENTATIVE SUBDIVISION MAP CONDITIONS CONDITIONS Of APPROVAL Prior to approval of the final map unless otherwise indicated, the developer shall: STREETS. RIGHTS-Of-WAY AND PUBLIC IMPROVEMENTS 1. Construct East "J" Street to Class II Collector roadway standards in accordance with City of Chula Vista Drawing Nos. 94-202 and 94-205. Resolution No. Page No.5 2. Provide a Class III Bikeway within East "J" Street. Normally, Class III Bicycle Routes share the right-most traffic lane with motor vehicles and are posted with "Bike Route" street signs only. 3. Enter into an agreement with the Otay Water District for water facility improvements extending to and connecting with the existing water mains within East" J" Street at the easterly subdivision boundary and at River Ash Drive. Install new domestic water service. , 4. Design and construct all public improvements in accordance with Chula Vista Design Standards, Chula Vista Street Standards, and the Chula Vista Subdivision Manual, unless otherwise approved by the City Engineer. Submit improvement plans detailing horizontal and vertical alignment of said public improvements for the review and approval of the City Engineer. 5. Said public improvements shall include, but are not limited to, asphalt concrete pavement, crushed aggregate base, concrete curb, gutter and sidewalk, sewer and water utilities, drainage facilities, street lights and signs, street knuckles and fire hydrants. 6. Guarantee, prior to approval of the Final Map, the construction/installation of all improvements within the subdivision (streets, sewer, drainage, utilities, etc.) deemed necessary to provide service to the subject subdivision in accordance with City standards. 7. Submit and obtain preliminary approval for proposed street name(s) from the Director of Planning and the City Engineer. SCreet name(s) shall be subject to approval by the Planning Commission. Dedicate to public use rights-of-way for all streets shown on the Tentative Map within the subdivision. Approved street name(s) shall be shown on the Final Map. 8. Relocate the existing street light on East" J" Street near the westerly subdivision boundary to the north side of East "J" Street at its intersection with the proposed residential street within the subdivision. All street light locations shall be subject to review and approval by the City Engineer. 9. Construct sidewalks and pedestrian ramps on all walkways to meet or exceed "Americans with Disabilities Act" standards. 10. Prior to approval of the Final Map, present written verification to the City Engineer from Otay Water Districc that the subdivision will be provided adequate water service and long term water storage facilities. 11. The proposed residential street within the subdivision which intersects East" J" Street must meet intersection design sight distance requirements in accordance with City standards. Resolution No. Page No.6 GRADING Al'.'D DRAINAGE 12. Submit for approval by the City Engineer, a detailed grading plan in accordance wjth the Chula Vista Grading Ordinance No. 1797, as amended. 13. An erosion and sedimentation control plan shall be prepared as part of the grading plans. , 14. Prior to approval of the grading plan and the issuance of a grading permit, submit a soils! geologic report for review by the City Engineer. 15. Submit hydrologic and hydraulic studies and calculations, including dry lane calculations for all public streets. Calculations shall also be provided to demonstrate the adequacy of downstream drainage structures, pipes and inlets. Private drainage systems within 1, 2, and 3 shall be designed to convey 100-year design stonn flows under open channel flow conditions. 16. Stonn drains shall be designed in accordance with the Subdivision Manual and Chula Vista Grading Ordinance No. 1797, as amended. 17. Provide improved access to all stonn drain cleanouts, or as approved by the City Engineer. 18. Design stonn drains and other drainage facilities to include Best Management Practices to minimize non .point source pollution to the satisfaction of the City Engineer. Subsequent owners of Lots 1, 2, 3, and 4 shall be infonned of, and provided a copy of, the Chula Vista Municipal Code Chapter 14.20 regarding non-stonn water discharge prohibitions, including, but not limited to, the discharge of oil, pesticides, fertilizers, herbicides, wash waters, and chlorinated swimming pool water. 19. Lot lines shall be located at the tops of slopes, except as approved by the City Engineer. Lots shall be graded to drain to the street or an approved drainage system. Runoff! drainage shall not be pennitted to flow over slopes. 20. Ten feet-wide private stonn drain easements shall be granted on the Final Map for the benefit of Lots 1, 2 and 3 in confonnance with the requirements of Chula Vista Municipal Code Section 18.20.150. Concrete-lined drainage ditches shall not be constructed over private stonn drain pipes. 21. All grading and pad elevations shall be within 2 feet of the grades and elevations shown on the approved tentative map or as otherwise approved by the City Engineer and Planning Director. Resolution No. Page No.7 22. Prior to approval of Final Map, the developer shall submit a list of proposed lots indicating whether the structure will be located on fill, cut, or a ti-ansition between the two situations. 23. The inclination of each cut or fill surface resulting in a slope shall not be steeper than 2: 1 (two horizontal to one vertical) except for minor slopes as herein defmed. All constructed minor slopes shall be designed for proper stability considering both geological and soil properties. A minor slope may be constructed no steeper than one and one-half horizontal to one vertical (1.5: 1) contingent upon: a. Submission of reports by both a soils engineer and a certified engineering geologist containing the results of surface and subsurface exploration and analysis. These results should be sufficient for the soils engineer and engineering geologist to certify that in their professional opinion, the underlying bedrock and soil supporting the slope have strength characteristics sufficient to provide a stable slope and will not pose a danger to persons or property, and b. The installation of an approved special slope planting program and irrigation system. c. A "Minor Slope" is defmed as a slope four (4) feet or less in vertical dimension in either cut or fill, between single family lots and not parallel to any roadway. AGREEMENTS 24. Prior to approval of the Final Map, the developer shall agree that the City may withhold building pennits for the subject subdivision if anyone of the following occur: a. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan have been reached. b. Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards in the then effective Growth Management Ordinance. 25. Prior to approval of the Final Map, the developer shall agree to comply with that version of the Growth Management Ordinance in effect at the time a building pennit is issued 26. Prior to approval of the Final Map, the developer shall agree to install fire hydrants as required by the City Fire Marshall. Further, in compliance with Chula Vista Municipal Resolution No. Page No.8 Code Section 15.36.030, the developer shall agree to install, test and operate all fire hydrants prior to the delivery of any combustible materia]s. 27. Prior to approval of the Final Map, the developer shall agree to prepare, submit and obtain approval by the Director of Planning of a construction phasing plan. 28.. Prior to approval of the Fina] Map, the developer shall agree to comply with all applicab]e sections of the Chula Vista Municipa] Code. 29. Prior to appro va] of the Final Map, the developer shall agree to defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. 30. Prior to approval of the Fina] Map, the developer shall agree to hold the City harmless from any ]iability for erosion, siltation or increase flow of drainage resulting from this project. 31. Prior to approval of the Fina] Map, the developer shall agree to ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. 32. Prior to approval of the Final Map, the developer shall provide security to guarantee the construction/installation of full public street improvements for East <<J" Street and the residential street within the subdivision. OPEN SPACE/ASSESSME]'I,'TS 33. Prior to approval of the Final Map, agree to an increase of assessments imposed pursuant to Open Space District No. 10 and agree to complete all requirements of Proposition 218 as it relates to imposing an increase for such assessments. 34. Prior to approval of the Fina] Map, submit all Special Tax and Assessment disclosure fonns for the approval of the City Engineer. Resolution No. Page No.9 35. The developer shall be responsible for installation of street trees in accordance with Section 18.28.10 of the Chula Vista Municipal Code. The use of cones shall be included where necessary to reduce the impact of root systems disrupting adjacent sidewa~ and rights-of-way. EASEMENTS . 36. Grant on the Final Map a minimum 20' wide easement to the City of Chula Vista for construction and maintenance of sewer and storm drain facilities within Lot 4. 37. Grant on the Final Map a 5.5 feet-wide street tree planting and maintenance easement along all public streets within the subdivision to the City. Said easement shall extend from the property line and shall contain no slope steeper than 5: 1 (horizontal to vertical ratio), unless otherwise shown on the Tentative Map. MISCELLANEOUS 38. Submit copies of Final Maps, improvement plans and grading plans in a digital format such as (DXF) graphic me prior to approval of each Final Map. Provide Computer Aided Design (CAD) copy of the Final Map based on accurate coordinate geometry calculations and submit the information in accordance with the City Guidelines for Digital Submittal in duplicate on 5-1/4" HD or 3-1/2" disks. Submit as-built improvement and grading plans in digital format. Provide security to guarantee the ultimate submittal of improvements and grading digital files. Update electronic files after any construction pen and ink changes to the grading or improvement plans and resubmit to the City. 39. Tie the boundary of the subdivision to the California Coordinate System - Zone VI (1983). 40. Submit a revised map for review and approval by the Zoning Administrator reducing the current number of lots from 28 to 27 in order to show a greater transitiOlring of lot sizes between the larger existing lots east of the project, and the smaller existing lots to the south and west of the project. 41. Submit a comprehensive fencing plan to the Planning Department for review and approval by the Director of Planning. 42. Submit a comprehensive street tree plan to the Planning Department for review and approval by the Director of Planning. 43. Submit to the Director of Planning a copy of the proposed CC&R' s for the project for review an approval by the Director of Planning. Said CC&R's shall include: a) prohibition of external Resolution No. Page No.lO television antennas; b) prohibition against garage conversions and c) require a gate be installed for any fence constructed at the top of slope in the rear of Lots 1-3 in order to provide access to the rear of the property. 44. Obtain for submittal to the City, from all corresponding school districts a "will serve" letter or make other arrangements approved by the school district. 45. . Comply with all mitigation measures as outlined in the mitigation monitoring program iussed for Negative Declaration prepared for IS 98-23, incorporated herein by reference. 46. Submit site plan and architectural elevations of the proposed single family dwelling units to the Planning Department for review and approval to ensure the product will conform to all the required development standards and be architecturally compatible with the surrounding development 47. Pay applicable park fees per PDO (Parkland Dedication Ordinance) CODE REOUlREMENTS TO BE INCLUDED AS CONDITIONS OF APPROVAL: Chula Vista Municipal Code requirements to be included as Conditions of Approval: 48. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 49. All utilities serving the subject subdivision and existing utilities located within or adjacent to the subdivision shall be underground in accordance with City Code requirements. Further, all new utilities serving the subdivision shall be underground prior to the issuance of Building Permits. 50. Pay the following fees in accordance with the City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. SR-125 impact fee. e. Telegraph Canyon Drainage Basin Fee (Prior to the approval of the Final Map). f. Telegraph Canyon Sewer Basin Fee. 51. The developer shall comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The developer shall be responsible for providing all Resolution No. Page No.ll required testing and documentation to demonstration said compliance as required by the City Engineer. VI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their tenns, to be implemented and maintained over time, if any of such conditons fail to be implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditons or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Resolution. VII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every tenn, provision and condition herein stated; and that in the event that nay one or more terms, provisions, or conditons are detennined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Robert Leiter Director of Planning John M. Kaheny City Attorney E ~J"" B rr "~ ,- .I \ \ / \ '>~ \ \ "" / ""1 \ '" '\~~/, / /\~y ~~ , '. ~~~\O~ \~~ 0- ~"'- "s~'2 /1 \\ ,. ,/ ,/ , :\ ~ 'I I' "f-S ,.' "I .... ,/ ,> '/ /.' / ./ / , / 1/1 , / I /, I / / / / / / 'I ;...-- , I / '-- . ~\ / / ./ "",- . I ....r' / / \~ I '------;- \ 1 II ~ ! i 1 \ / t1/i \~ ;'~ \ ~--~-/ iH 1'----, I. , I , I~d ~ \ /}/ U ,-,-,1 I C/;) ; . ~ , L- .....~I , / / / , \ \ / \% I~\~\ / .. .-'. "P \ I , \, /r:- '0 ~ ~~\\,' / \ \ \ \, \ ?/'\\\'. \ '\: / \ .I \' ", \ \ .I " '\ \' . , " . \ \ \ \ \, \ \ '-. \ .. \ \ /' /\ ,/ I. . ~---....:. Ii , '--.( / j , I I I ~ r----- I r:- I . , , I ... ... ca '" '" I- - ca - :I: >< W ~ ~. -.i~i?d- -- f' Q/ ~! ',i ~/ ,: 3',' , <51 . ! fl' + '. '., ..v"'o - (J.lH F -- ---..." ~;, " crJ' ,~ ~ II! ., , ';-11 , " , , , , r i,'" t :" !! " '1 i-,I '" r --11 --:;." i G1 , , , , , , ,[ 'y 'y .,,- '" II II 'II " II . 't ~. I Ii I , I '_____ I. ~~~~:- ~ .~'- '------.-------1___ i J;" , :'1 I . - -- : L_ 1:-' " ~- ~~ ----=---.c---=----.,,-_ 3AlHO ----ii:'------' Hsr H3AIH ( --- ----~- ~ ._.~ '1 :( ----------- "- '" ~~ ~Oj ;S~ ~'- <.>" ~ " ~ , i~\ j ~ 'i ~ ~ -- ,. ';, ~ , , i - ~ - " , I I I I I I / I, I , ~ ! . i " ,~ ~,: gfi , , " i It ,I " L RESOLUTION NO. RESOLUTION OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE RANCHERO SECTIONAL PLANNING AREA (SPA) PLAN IN ORDER TO CHANGE THE DEVELOPMENT STANDARDS APPLICABLE TO SINGLE FAMILY DETACHED RESIDENTIAL LOTS FOR LOTS 1 THRU 28 AS SHOWN ON TRACT MAP PCS 98-07. I. RECITALS A. Project Site WHEREAS, the properties which are the subject matter of this Resolution are diagrammatically represented in Exhibit A and B, ("Project Site") B. Project; Application for Discrecionary Approval Whereas, on March 16, 1998, Western Pacific Housing ("Applicant") filed an application for an amendment to the Ranchero Specific Planning Area (SPA) Plan; and WHEREAS, the proposed amendment to the SPA PLAN consist of changes to the development standards applicable to single family detached lots; and C. Prior Discretionary Approvals D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on said Project on May 6, 1998 and voted to recommend that the City Council approve the Project, based upon the findings listed below; and, E. City Council Record of Application WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on May 26, 1998 on the Project, received the recommendations of the Planning Commission, and heard public testimony with regard to the same. II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on this project held on May 6, 1998, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record on this proceeding. III. CERTIFICATION OF COMPLIANCE WITH CEQA In accordance with the requirements of CEQA, the Environmental Review Coordinator has determined that the Project required the preparation of an Initial Study and a Habitat Conservation Plan, such inital study (IS 98-23) was prepared, and based on such study a Mitigated Negative Declaration was preprared and circulated for public review; and IV. SPA FINDINGS A. THE SECTIONAL PLANNING AREA PLAN AS AMENDED IS IN CONFORMITY WITH THE EL RANCHO DEL REY SPECIFIC PLAN. The reduction of minimum lot sizes proposed under this SPA amendment will allow for transitioning of lots sizes in order to acheive greater compatibility with existing surrounding residential development. In addition, the EI Rancho del Rey Specific Plan does not specificy actual development standards, other than calling out specific density ranges. B. THE RANCHERO SECTIONAL PLANNING AREA PLAN, AS AMENDED, WILL PROMOTE THE SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The proposed amendment to the development standards applicable to TSM 98-07 will allow for the transitioning of lot sizes in order to achieve compatibility with the existing surrounding residential development. There are existing lots with minimum lot size of 5000 sq. ft. to the west and south and with minimum lot size of 7000 sq. ft. to the east. C. THE RANCHERO SECTIONAL PLANNING AREA PLAN, AS AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION, OR ENVIRONMENTAL QUALITY. The proposed amendment to the development standards applicable to TSM 98-07 will allow for the transitioning of lot sizes in order to achieve compatibility with the existing surrounding residential development. There are existing lots with minimum lot size of 5000 sq. ft. to the west and south and with minimum lot size of 7000 sq. ft. to the east. V. COUNCIL DIRECTION The City Council of the City of Chula Vista hereby directs that the development standards for single family detached lots within the Ranchero Sectional Planning Area be amended, as shown on Exhibit "C", VI. EFFECTIVE DATE OF THIS RESOLUTION This amendment to the Ranchero Sectional Planning Area Plan shall take effect and be in full force the thirtieth day from its adoption. Presented by Approved as to form by Robert A. Leiter Director of Planning John M. Kaheny City Attorney EXHIBIT "f.-~ c- ~/l! /' : / ! / ,~ / ,/ / I,. ~ \ " '-- "- ..... /', '-- ! ; '. I , ! I / ~~ ",. '\ PJ'OJ~ \~d . ATlON /-1?~ \ \ -/ / \/ i I I I----- I ! I I , i---" I I I I I I i "'1 I / /' I. \ \. \ ~\ I~~ /' \~\ I~: . .(/\~-i, , :;..,-' I ( y, j/ \ . \ I \ \ \ \ I 11\ / \ \ " \ \ \ '; \ / I I \ 1\ I ", \ \ \ '" \ \ !: " \ \ \ I \ \' ' \ , \ '. I I '- ----.:.. / / I / \ \ \ \ \ . \ \ \ I, i , / (T ~ EXH'B'T "E'~ ~':\. ~ ~~ 'S!,.. ~~ ::$"" " ~" ~ ~ .\~ , , !JU ., ,. ,- ',J ~ , , ~ I , I ; 1 It , ..\ iii ,~! ' c,.! , , ! "I, ".\ ~i ; 'f , "I 1t1, ~: ~ I I "'+ i .<} II " 'e. I ,,-,-?"'. [ i \ . , \ \ 1- ~ \ ' ~-L-1~ \/~8' ____ ~'>I J.:JYlrl . - -~~O '. - .*i" <13If ' , : i I I ..._L__ ~ " ,., ~-~ - >;' ,<', "~I , o , I ~ I -, ~') _,:: 1'--- _........;..~~_ .) I I ~ "' ., '" c: ,~ '[f ~ 1:----- \ " .. k, I ;~: If \ \ , " ~ . " " " i'C\ --:;. i=~ ,-~ J . .~ " " ~ . " \~,'- , __ _.--r- - ~. \,-- . ,.l "L~r .,... If l~~~ "" )'I , \:, '"', ':~, '-, i I .;.; I N iI' ......... I [ I ~ I .~ I I I I I I '10. .f I .' I ~ ;, ~:- " ." ",I< >: - .,... r~.----f ~ :-,- "j '.: ?~ ~ _1- "I f~~r ~ :\\j ~ , "- ,-.J , I I r' I I [ I I I I 1<, I " I I I. Ii I. I"~ .l~_ ' ("it ...~.". .--:--- - 1--./ i !~~~ '- ~~~ ~ O-T-:~' y----~--,,-~... -1 '=' .==---~__f- \ 'r- I i I i '_1\' s!'W I ., t,." "'''-r l ~. ,-'- "i ,!i i i,"\/( , ~. __3/)iNfJ - - _ __ _HS'I i i --,...- \ :'r---":J.1IIf~ .~-----:~ ,\1, / - (~'" i t;'~,. _.~ Bb~CHEROSECTIONALPL~GAr~APLAN ROPOSED DEVELOPMENT ST ANL. .RDS SINGLE FAMILY RESIDENTIAL: DETACHED All lots proposed for detached single family residences shall adbere to the following standards: 1. Within the RaIJchero Sectional Planning Area: a. A maximum of 70 percent of the total lots may have a nUIrimum lot Width of 50 feet, miniroum lot area of 5000 square feet. b. A maximum of 25 percent of the total lots may have a minimum lot width of 50 feet, miniroum lot area of 6000 square feet. c. A minimum of 5 percent of the total lots will have a minimum lot width of 50 feet, minimum lot area of 7000 square feet. 2. The sideyards will be subject to a minimum of 5 feet setback from each side of the home to the property line. 3. The following yard areas will be maintained along East "J' Street: a. For lots fronting on that portion of "f' Street having right-of-way width of 50 feet, a minimum front yard of 35 feet. b. For lots fronting on that portion of 'T' Street having a right-of-way width of 50 feet, a back yard minim11IIl average of 15 feet. c. For lots siding on that portion of "J" Street having a right-of-way width of 50 feet, a minimum side yard of 20 feet. 4. In addition, lots abutting the side lot lines oflots to be developed for zero lot line units may have a minimum lot width of 58 feet, minimum lot area of 6,000 square feet. EXHIBIT "c" RESOLUTION NO. (ALT) A RESOLUTION OF TIIE CITY COUNCIL OF TIIE CITY OF CHULA VISTA ADOPTING NEGATIVE DECLARATION AND GRANTING APPROVAL OF . . A TENTATIVE MAP TO ALLOW TIIE SUBDIVISION OF 5.25 ACRES INTO 28 SINGLE FAMILY LOTS RANGING IN SIZE FROM 5000 TO 7000 SQUARE FEET ON TIIE SOUTH OF EAST "J" STREET BETWEEN RIVER ASH DRIVE AND THE CURRENT TERMINUS OF WILD OAK ROAD OFF OF PASEO LADERA. I. RECITALS A. Project Site WHEREAS, the parcel which is the subject matter of this resolution is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general descripcion herein, the Project consists of 5.25 acres located on the south side of East "J" Street between River Ash Drive and the current terminus of Wild Oak Road off of Paseo Ladera ("Project site") B. Project Applicant WHEREAS. on a duly verified application for a tentative map (PCS 98-07) with respect to the Project Site was filed with the city of Chula Vista Planning Department by Western Pacific Housing ("Applicant") on December 18, 1998; and C. Project Description; Application for TentaCive Map/SPA Amendment WHEREAS, Applicant requests permission to subdivide 5.25 acres into 28 lots on the Project Site; and D. Environmental Determination WHEREAS, in accordance with the requirements of CEQA, the Environmental Review Coordinator has determined that the Project requires the preparation of an Initial Study and a Habitat Conservation Plan, such initial study (IS 98-23) was prepared, and based on such study a Mitigated Negative Declaration was prepared and circulated for public review; and E. Resource Conservation Commission Record on Application WHEREAS, the Resource Conservation Commission considered the Negative Declaration based on IS 98- voted xxxx not to recommend adoption of the Negative Declaration F. Planning Commission Record on Application Resolution No._ Page No.2 WHEREAS, the Planning Commission held an advertised p\jblic hearing on the Project on May 13, 1998 and voted _ adopting Resolution PCS-98-07 and PCM 98-33 recommending that the City Council adopted Negative Declaration IS-98-23, and approve the tentative map and amendment to the Specific Plan; and G. City Council Record of Application WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on May 26, 1998 Co receive the recommendation of the RCC and Planning Commission, and to hear public testimony with regard to the same. II. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearing on this Project held on May 6, 1998 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. III. COMPUANCE WITH CEQA In accordance with the requirements of CEQA, the City Council hereby adopts the Mitigated Negative Declaration issued on IS-98-23. IV. TENTATIVE SUBDIVISION MAP FINDINGS: A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map as conditioned herein for Bella Nevona, Chula Vista Tract 98-07 is in conformance with the Ranchero Sectional Planning Area Plan, as amended, and the elements of the City's General Plan, based on the following findings: 1. Land Use The Ranchero Sectional Planning Area has an overall holding capacity of 415 units. Currently, there are 369 lots created within the EI Rancho Del Rey Development. As a result, the proposed 28 lots is within the limits of the overall holding capacity. In addition, the SPA plan is being amended concurrently to allow the development standards proposed with this Map. 2. Circulation All of the on-site streets required to serve the subdivision will be constructed. The public streets within the Project will be designed in accordance with the City design Resolution No. Page No.3 standards and/or requirements and provide for vehicular and pedestrian connections with adjacent streets. 3. Housing . The project is an infill project surrounded by residential development and does not involve any public facilities that would induce any further substantial grown. The project site does not involve any existing housing that would be displaced. The project will provide additional housing consistent with the zoning and development patterns of the neighborhood. 4. Conservation The developer has prepared a Habitat Conservation Plan (HCP) and has received an incidental take pennit from U.S. Fish and Wildlife Service (USFWS) pursuant to Section lO(a)(I)(B) of the Endangered Species Act of 1973, as amended (ESA). This pennit authorizes the take of 1 pair of coastal gnatcatchers in association with the proposed single family residential development of the project site. 5. Parks and Recreation, Open Space The developer will be required to pay the Park Acquisition and Development Fee with the Final Map approval. 6. Seismic Safety The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. The main trace of the La Nacion Earthquake fault, a potentially active fault is Ih miles to the west and would nor directly nor indirectly impact the project site. The site is not currently within a mapped Earthquake Fault Zone. 7. Safety The Fire Deparnnent and other emergency service agencies have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal meets the City Threshold Standards for emergency services. 8. Noise The project is required to meet existing standards for residential development. All dwelling units must be designed to preclude interior noise levels over 45 dBA and exterior noise exposure to 65 dBA in accordance with the City's performance standards and the noise level standards of the Uniform Building Code. Resolution No._ Page No.4 9. Scenic Highway The project is not adjacent to scenic highways. 10. Bicycle Routes . No bicycle routes are required with the proposed development. The recently created parcel map (Tentative Parcel Map 98-05) requires, as a condition of approval, that the developer of said parcel map provide a bikeway on East "J" Street along project frontage. 11. Public Buildings No public buildings are proposed on the project site. B. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. C. The configuration, orientation and topography of the site partially allows for the optimum sitting of lots for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1. D. The site is physically suitable for residential development and the proposal conforms to all standards established by the City for such projects. E. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. BE IT FURTHER RESOLVED, that the City Council does hereby approve the Project subject to the general and special conditions set forth herein. V. TENTATIVE SUBDIVISION MAP CONDITIONS OF APPROVAL Prior to approval of the final map unless otherwise indicated, the developer shall: STREETS. RIGHTS-OF-WAY. AND PUBLIC IMPROVEMENTS 1. Construct East "J" Street to Class II Collector roadway standards in accordance with City of Chula Vista Drawing Nos. 94-202 and 94-205. Resolution No._ Page No.5 2. Provide a Class III Bikeway within East "J" Street. Normally, Class III Bicycle Routes share the right-most traffic lane with motor vehicles and are posted with "Bike Route~ street signs only. 3. Enter into an agreement with the Gtay Water District for water facility improvements extending to and connecting with the existing water mains within East "J" Street at the , easterly subdivision boundary and at River Ash Drive. Install new domestic water service. 4. Design and construct all public improvements in accordance with Chula Vista Design Standards, Chula Vista Street Standards, and the chula Vista Subdivision Manual, unless otherwise approved by the City Engineer. Submit improvement plans detailing horizontal and vertical alignment of said public improvements for the review and approval of the City Engineer. 5. Said public improvements shall include, but are not limited to, asphalt concrete pavement, crushed aggregate base, concrete curb, gutter and sidewalk, sewer and water utilities, drainage facilities, street lights and signs, street knuckles and fire hydrants. 6. Guarantee, prior to approval of the Final Map, the construction/installation of all improvements within the subdivision (streets, sewer, drainage, utilities, etc.) deemed necessary to provide service to the subject subdivision in accordance with City standards. 7. Submit and obtain preliminary approval for proposed street name(s) from the Director of Planning and the City Engineer. Street name(s) shall be subject to approval by the Planning Commission. Dedicate to public use rights-of-way for all streets shown on the Tentative Map within the subdivision. Approved street name(s) shall be shown on the Final Map. 8. Relocate the existing street light on East "J" Street near the westerly subdivision boundary to the north side of East" J" Street at its intersection with the proposed residential street within the subdivision. Add an additional street light at property line 4/5. All street light locations shall be subject to review and approval by the City Engineer. 9. Construct sidewalks and pedestrian ramps on all walkways to meet or exceed "Americans with Disabilities Act" standards. 10. Prior to approval of the Final Map, present written verification to the City Engineer from Gtay Water District that the subdivision will be provided adequate water service and long term water storage facilities. 11. The proposed residential street within the subdivision which intersects East "J~ Street must meet intersection design sight distance requirements in accordance with City standards. Resolution No. Page No.6 GRADING AND DRAINAGE 12. Submit for approval by the City Engineer, a detailed grading plan in accordance with the Chula Vista Grading Ordinance No. 1797, as amended. 13. An erosion and sedimentation control plan shall be prepared as part of the grading plans. 14. Prior to approval of the grading plan and the issuance of a grading pennit, submit a soils/ geologic report for review by the City Engineer. 15. Submit hydrologic and hydraulic studies and calculations, including dry lane calculations for all public streets. Calculations shall also be provided to demonstrate the adequacy of downstream drainage structures, pipes and inlets. Private drainage systems within 1, 2, and 3 shall be designed to convey lOO-year design storm flows under open channel flow conditions. 16. Storm drains shall be designed in accordance with the Subdivision Manual and Chula Vista Grading Ordinance No. 1797, as amended. 17. Provide improved access to all storm drain cleanouts, or as approved by the City Engineer. 18. Design storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution to the satisfaction of the City Engineer. Subsequent owners of Lots 1, 2, 3, and 4 shall be informed of, and provided a copy of, the Chula Vista Municipal Code Chapter 14.20 regarding non-storm water discharge prohibitions, including, but not limited to, the discharge of oil, pesticides, fertilizers, herbicides, wash waters, and chlorinated swimming pool water. 19. Lot lines shall be located at the tops of slopes, except as approved by the City Engineer. . Lots shall be graded to drain to the street or an approved drainage system. Runoff! drainage shall not be permitted to flow over slopes. 20. Ten feet-wide private storm drain easements shall be granted on the Final Map for the benefit of Lots 1, 2, and 3 in conformance with the requirements of chula Vista Municipal Code Section 18.20.150. Concrete-lined drainage ditches shall not be constructed over private storm drain pipes. 21. All grading and pad elevations shall be within 2 feet of the grades and elevations shown on the approved tentative map or as otherwise approved by the City Engineer and Planning Director. Resolution No. Page No.7 22. Prior to approval of Final Map, the developer shall submit a list of proposed lots indicating whether the structure will be located on fill, cut, or a transition between the two situations. 23. The inclination of each cut or fill surface resulting in a slope shall not be steeper than 2:1 (two horizontal to one vertical) except for minor slopes as herein defmed. All constructed minor slopes shall be designed for proper stability considering both geological and soil properties. A minor sJope may be constructed no steeper than one and one-half horizontal to one vertical (1.5:1) contingent upon: a. Submission of reports by both a soils engineer and a certified engineering geologist containing the results of surface and subsurface exploration and analysis. These results should be sufficient for the soils engineer and engineering geologist to certify that in their professional opinion, the underlying bedrock and soil supporting the slope have strength characteristics sufficient to provide a stable slope and will not pose a danger to persons or property, and b. The installation of an approved special slope planting program and irrigation system. c. A "Minor Slope" is defmed as a slope four (4) feet or less in vertical dimension in either cut or fill, between single family lots and not parallel to any roadway. AGREEMENTS 24. Prior to approval of the Final Map, the developer shall agree that the City may withhold building permits for the subject subdivision if anyone of the following occur: a. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan have been reached. b. Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards in the then effective Growth Management Ordinance. 25. Prior to approval of the Final Map, the developer shall agree to comply with that version of the Growth Management Ordinance in effect at the time a building permit is issued 26. Prior to approval of the Final Map, the developer shall agree to install fire hydrants as required by the City Fire Marshall. Further, in compliance with Chula Vista Municipal Resolution No._ Page No.8 Code Section 15.36.030, the developer shall agree to install, test and operate all fire hydrants prior to the delivery of any combustible materials. 27. Prior to approval of the Pinal Map, the developer shall agree to prepare, submit and obtain approval by the Director of Planning of a construction phasing plan. 28. , Prior to approval of the Pinal Map, the developer shall agree to comply with all applicable sections of the Chula Vista Municipal Code. 29. Prior to approval of the Pinal Map, the developer shall agree to defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. 30. Prior to approval of the Final Map, the developer shall agree to hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. 31. Prior to approval of the Final Map, the developer shall agree to ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. 32. Prior to approval of the Final Map, the developer shall provide security to guarantee the construction/installation of full public street improvements for East" J" Street and the residential street within the subdivision. OPEN SPACE/ASSESSMENTS 33. Prior to approval of the Pinal Map, agree to an increase of assessments imposed pursuant to Open Space District No. 10 and agree to complete all requirements of Proposition 218 as it relates to imposing an increase for such assessments. 34. Prior to approval of the Final Map, submit all Special Tax and Assessment disclosure forms for the approval of the City Engineer. Resolution No. Page NO.9 35. The developer shall be responsible for installation of street trees in accordance with Section 18.28.10 of the Chula Vista Municipal Code. The use of cones shall be included where necessary to reduce the impact of root systems disrupting adjacent sidewalks and rights-of-way. EASEMENTS 36. Grant on the Final Map a minimum 20' wide easement to the City of Chula Vista for construction and maintenance of sewer and storm drain facilities within Lots 4, 11 & 24. 37. Grant on the Final Map a 5.5 feet-wide street tree planting and maintenance easement along all public streets within the subdivision to the City. Said easement shall extend from the property line and shall contain no slope steeper than 5: 1 (horizontal to vertical ratio), unless otherwise shown on the Tentative Map. MISCELLANEOUS 38. Submit copies of Final Maps, improvement plans and grading plans in a digital format such as (DXF) graphic file prior to approval of each Final Map. Provide Computer Aided Design (CAD) copy of the Final Map based on accurate coordinate geometry calculations and submit the information in accordance with the City Guidelines for Digital Submittal in duplicate on 5-1/4" HD or 3-1/2" disks. Submit as-built improvement and grading plans in digital format. Provide security to guarantee the ultimate submittal of improvements and grading digital files. Update electronic files after any construction pen and ink changes to the grading or improvement plans and resubmit to the City. 39. Tie the boundary of the subdivision to the California Coordinate System - Zone VI (1983). 40. In order to provide more usable area, the rear yard of Lot 13 shall be increased by up to eight feet through the use of retaining walls no higher than four feet in height. 41. In order for consistency with the front yard of Lot 26, and to provide more openness to the cul-de-sac design, the front yard setback for Lot 23 shall be thirty feet from the front property line. 42. Submit a comprehensive fencing plan to the Planning Department for review and approval by the Director of Planning. 43. Submit a comprehensive street tree plan to the Planning Department for review and approval by the Director of Planning. 44. Submit to the Director of Planning a copy of the proposed CC & R's for the project for review and approval by the Director of Planning. Said CC & R's shall include Resolution No. Page No.lO a)prohibition of external television antennas; b) prohibition againsc garage conversions and c) require a gate be installed for any fence constructed at the top of slope in the rear of Lots 1-3 in order to provide access to the rear of the property. 45. Obtain for submittal to the City, from all corresponding school districts, a "will serve" letter or make other arrangements approved by the school districts. , 46. Comply with all mitigation measures as outlined in the mitigation monitoring program issued for Negative Declaration prepared for IS 98-23, incorporated herein by reference. 47. Submit site plan and architectural elevations of the proposed single family dwelling units to the Planning Department for review and approval to ensure the product will conform to all the required development standards and be architecturally compatible with the surrounding development. 48. Pay applicable park fees per PDO (park Dedication Ordinance) CODE REOUIREMENTS TO BE INCLUDED AS CONDITIONS OF APPROVAL: Chula Vista Municipal Code requirements to be included as Conditions of Approval: 49. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 50. All utilities serving the subject subdivision and existing utilities located within or adjacent to the subdivision shall be underground in accordance with City Code requirements. Further, all new utilities serving the subdivision shall be underground prior to the issuance of Building Permits. 51. Pay the following fees in accordance with the City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. SR-125 impact fee. e. Telegraph Canyon Drainage Basin Fee (Prior to the approval of the Final Map). f. Telegraph Canyon Sewer Basin Fee. 52. The developer shall comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The developer shall be responsible for providing all required testing and documentation to demonstration said compliance as required by the City Engineer. Resolution No. Page No. 11 VI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their tenns, to be implemented and maintained over time, if any of such conditions fail to be implemented and maintained according to their tenns, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building pennits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Resolution. VII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every tenn, provision and condition herein stated; and that in the event that nay one or more terms, provisions, or conditions are detennined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Robert Leiter Director of Planning John M. Kaheny City Attorney / / ' j// f / / / -----, , , ,. ...-' --, / / I I, I ,', I, ,!/ , ~ / \ \ ;' \/ \ \\ \ ".. .I " "\ \ " \ " . / ! I / I I / , I i / I I / / , , / / I .I / (/ / \ \ \ " , , \ \ " ',.\ E ~J"" B rT - / / I \ / ~" V /\ ~, \ / ~l'k-r /------\,- PaoJ~, \ ~'f\ON \ ,,\, . :\t\c.t.\ , \ ", \. ,~s I 'I \ ~ :\ "J ,/' ,/ \ ~ 'f,:\) t,\>.S 'i 't1\\)()~ \ \ \, I / / , \ I \ \ I \ \ \ \ 1 I ! I", " /Y' ~7 !-' - ./ \/ '-'" "--- , \ I i I \ I i ! 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OIl! -' : II " ~ ','" {r~~ I ~) ,',w /m ~ f"',~I,1 '"" -v-c::'1 ....~ ~ ,r 'f J I, I .m .,~,.~" III 0? .' ',' '! ,>..." _: ,I "~III. <:oS /j/' ,,1; I, ! ":;;:' ,.,;.~ I ,I ~~ ':: ~~ / "I ~ '~~ ..~' ~:~ '~"'@ I - ,ii,I,. -(2/..~ "~,I I ....,. ....~ .... I I j-~ '''or-, I ~ ' '1~'~ I, o' , I i,c 10 _;?~..'" _",.' 'I "'- y' II '"I --- I ~~J 1"k ,~ ()..l~. lei \~ ~ \ r~-', J\ lu> ',. ~ ' /~~:~':" 8]" ,~~. 1'~~r:!J"~: : UJ'.''':~'~ ~@4':8>: I _~): ...~ ,I: .,~ Ii' ..~ "'~" ~~ \ , ~ I I II ! 0 ' \ , I il ! II , L ~ I ~ c , - _7" ". ,/J'~ ,P6 __ ./J'II> 'i 1'1 ,il !:~ I 1: 'Ii I I' Ii r I -~ I. -'-':-,.--, -~~-- ~~ , "----- _L ~ ~ lOAtH ---_._~ \ ", 1 'I ,...----.. ----- ( -.... ~ 10... ... ;:> :<( ~~ I, ..."', ~ ~~::s ::; ;;: ... <s'" ;:\>:1:: ~...~ ,,' 0, u~5 "< ii:;: ATTACHMENT 1 MINUTES OF A SCHEDULED REGULAR MEETING Resource Conservation Commission Chula Vista, California DRAFT 6:30 p.m. Monday, March 30, 1998 Conference Room #1 Public Services Building . CALL MEETING TO ORDER/ROLL CALL: The meeting was called to order with a quorum at 6:44 p.m. ORAL COMMUNICATIONS: None 1 I APPROVAL OF MINUTES: MSUC to approved the minutes of December 21, 1998 as submitted. NEW BUSINESS: Item 3 was taken out of order because the applicant was present. 3. Review of Negative Declaration IS-98-25 - Plenums Plus: The Commission discussed the potential acoustical impact of the proposed project and the applicant (Robert Capp) provided input regarding the equipment to be utilized in the operation of the facility, the structure and the siting of various uses within the building. It was MSUC (Allen/Bull) that the Negative Declaration be recommended for adoption: vote 6-0-0-1 (1 vacancy) 1. Review of Negative Declaration IS-98-23 - Bella Nevona: Commissioner Charles Bull excused himself because of potential conflict of interest. It was MSC (Burrascano/Thomas) vote 4-0-1-1, Marquez opposed to recommend adoption of the Mitigated Negative Declaration subject to the modification of Mitigation Measure #3 to require a 4-1 ratio of Coastal sage scrub that is occupied by the California coastal gnatcatcher based on the full acreage of sage scrub on the site located within or close to the City of Chula Vista because the City of Chula Vista has used its full allocation of Coastal sage scrub loss. It was moved and seconded that the Commission not recommend adoption of the Mitigated Negative Declaration because of insufficient information regarding paleontological, archeological and the Coastal sage scrub mitigation site. The motion did not carry by the following vote: 3-0-2-1 (members Yumada and Allen opposed). It was MSC (Marquez/Burrascano) vote 5-0-0-1 that the Mitigated Negative Declaration not be adopted because of insufficient infonnation regarding paleontological, archeological resources, insufficient time to review the Habitat Conservation Plan and Biological report, insufficient information regarding the location and size of the Coastal sage scrub mitigation site and the City of Chula Vista has utilized its allocation of Coastal sage loss. RCC Minutes - 2 - ::>RAFT March 30, 1998 Commissioner Bull returned to the meeting. 2. Review of Negative Declaration lS-98-24 - Otay Landfill Buffer Area: It was MSUC (BulllBurrascano) vote 6-0-0-1 that the Negative Declaration for the open space alternative be recommended for adoption and that the industrial and mixed use alternatives not be recommended for adoption. It was moved and seconded that the open space alternative be recommended as the preferred option. The motion failed on a 3-3-0-1 vote because of lack of knowledge of resources on the site, the value of those resources and adjacent land uses. OLD BUSINESS: None. STAFF COMMENTS: The Environmental Review Coordinator Reid presented photographs of the paleontological resources recently uncovered in Village One of the Otay Ranch. CHAIRMAN'S COMMENTS: None. COMMISSIONER'S COMMENTS: Commissioner Marquez expressed her thanks to Mary Salas for her letter in the Star-News. There was discussion regarding the potential for a paleontological museum or display in the City. It was requested that all letters to the City Council that involve environmental issues be referred to the RCC. A majority of the Commission expressed their support for the South Bay element of the proposed San Diego Refuge Plan. It was noted that the current vacancy on the RCC has existed for some period of time and that it should be filled. ADJOURNMENT: The meeting was adjourned by Chair Yumada at 8:50 p.m. Respectfu II Y su bm i tted, Douglas D. Reid Environmental Review Coordinator (a; \llb\gmocmins97\rc033098 .min) ATTACHMEt~ T 2 "'~ . ~~,CHERO SECTIONAL YL~m,ING A-~A PLAN DEVELOPMENT STANDARDS SINGLE FP.MILY RESIDENTIAL.: DETACHED All lots proposed for detached single family reSlaences shall De governed by the provisions of the R-l-7 Single Family Residence Zone (Chapter 19.24, Title 19 of the Chula Vista Municipal Code), except as provided below: l. The following yard areas will be maintained along East "J" Street" a. For lots fronting on that portion of "J" Street havinf a right-of-way width of 66 feet, a minimum front yard of 35 feet. D. For lots siding on that portion of "J" Street having a right-of-way width of 66 feet, aTIdnimum side yard of 20 feet. 2. Notwithstanding the prOVlSlons of .sections 19.24.070 and 19.24.080, lots abutting the side lot lines of lots to be developed for zero lot line units may have a minimum lot -width of 58 feet, a minimum lot area of 6,000 square feet, and maximum permitted,lot coverage of 45 percent- &- THERa SECTIONAL PLANNING AT' 'A PLAN ROPOSED DEVELOP:MENT STANL..R.DS SINGLE FAMILY RESIDENTIAL: DETACHED All lots proposed for detached single family residences shall adhere to the following standards: 1. Within the Ranchero Sectional Planning Area: a. A maximum of 70 percent of the total lots may have a minimum lot Width of 50 feet, minimum lot area of 5000 square feet. b. A maximum of 25 percent of the total lots may have a minimum lot width of 50 feet, minimum lot area of 6000 square feet. c. A minimum of 5 percent of the total lots will have a minimum lot width of 50 feet, minimum lot area of 7000 square feet. 2. The sideyards will be subject to a minimum of 5 feet setback from each side of the home to the property line. 3. The following yard areas will be maintained along East ''j' Street: a. For lots fronting on that portion of "f' Street having right-of-way width of 50 feet, a minimum :&ont yard of 35 feet. b. For lots :&onting on that portion of 'T' Street having a right-of-way width of 50 feet, a back yard minimum average of 15 feet. c. For lots siding on that portion of "f' Street having a right-of-way width of 50 feet, a minimum side yard of 20 feet. 4. In addition, lots abutting the side Jot lines oflots to be developed for zero lot line units may have a minimum lot width of 58 feet.. minimum lot area of 6,000 square feet. ATTACHMENT 3 M.tlgatea Negative lJecJaratlon " PROJECT K-\...\1E: Bella Nevona PROJECT LOCATION: South side ofE. "J" St. between Paseo Ladera and River Ash Dr. , Chula Vista, CA. (see locator map) ASSESSOR'S PARCEL NO.: 640-080-39 PROJECT APPLICANT: Western Pacific Housing 2385 Camino Vida Roble Carlsbad, CA. 92009 CASE NO: 15-98-23 DATE: March 25. 1998 A. Proiect Settin!! Tne project site is located within the Rancho del Rey Planned commUIlity. There are single family dwellings located adjacent to the property on the east, south and west. There is a single family dwelling located to the north across E. 'T Street on a large lot. Further to the north are SDG&E transmission lines and the south leg of Rice Canyon. The sire was previously graded and hydro seeded with non-coastal sage and other plant materials. However, the revegetated scrub present on the project site is structurally similar to coastal sage which enables a pair of coastal California gnatcatchers to exhibit typical foraging behavior. Because the project site was previously graded there are no cultural or paleontological resources present on the site. B. Proiect Description The project would consist of the grading of the property and the installation of public improvements for the development of up to 29 single family dwellings. The grading of the property would involve 4,000 cubic yards of on-site cut, 21,000 cubic yards of fill and 17,000 cubic yards of imported fill. This would result .in a maximum of 4 feet of cut and a maximum of 12 feet of fill. Streets, sewer, drainage, water and other public utilities would also be provided. The dwelling units would exceed code Tequirements and are proposed to be 2,200 - 2,600 square feet and up to 35 feet in height. The minimum lot size would be 5,000 sq. ft. and would nmge from 5,111 to 7,900 sq. ft. 1 ~~~ -,........ ~---~ \.. city Df chula vista planning Department CTIY OF ~nvironmentaJ Teview sectiDn iliUlA VJSD C. Compatibility with Zoning and Plans The proposed project conforms to the density requirements of the Chula Vista General Plan, the EI Rancho del Rey Specific Plan and the Ranchero Sectional Planning Area Plan. The project as proposed will require an amendment to the SPA Plan development standards. D. Identification of Environmental Effects An Initial Study conducted by the City of Chula Vista (including an attached Environmental Checklist Form) determined that the proposed project will not have a significant environmental effect, and the preparation of an Environmentallmpact Report will not be required. This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. The following impacts have been determined to be potentially significant unless mitigated. A discussion of these potentially significant impacts from the proposed project fonows. Biological Resources On Seprember 1997, a single pair of coastal California gnatcatcher was observed foraging in the revegetated scrub on-site during a biological survey (RECON 1997). The coastal California gnatcatcher is listed as threatened by the U.S. Fish and Wildlife Service (USFWS), and is also considered a species of special concern by the California Department of Fish and Game (CDFG). The gnatcatcher is a target species for state Natural Communities Conservation Program (NCCP) and local Multiple Species Conservation Programs (MSCPs). The applicant has prepared a Habitat Conservation Plan (HCP) and is applying for an incidental take permit from the U.S. Fish and Wildlife Service (USFWS) pursuant to Section lO(a)(l)(B) of the Endangered Species Act of 1973, as amended (ESA). The permit would authorize the incidental take of one pair of coastal California gnatcatchers in association with the proposed single family residential development of the project site. The HCP proposes biological monitoring and mitigation measures designed to minimize potential impacts to the gnatcatchers. The project site has been previously disturbed and revegetated with a mix of both desert and coastal native species. No coastal sage scrub is found on this site. There are other native and non-native plants present but these are not considered to be threatened or endangered plant species. 2 Schools Both the Chula Vista Elementary School District and the Sweetwater Union High School District indicate that the corresponding schools are operating at or near capacity. The Chula Vista Elementary School District also states that developer fees provide for approximately twenty-five percent of the facilities costs to house new students. Both districts recorrunend that an alternative financing mechanism, such as participation in or annexation to a Corrununity Facilities District be considered by the applicant in order to mitigate school impacts from the proposed single family residential proje ct. The applicant shall be required to obtain a "Will" serve letter from each of the corresponding school districts . E. Mitigation Necessary to A void Significant Effects Specific project mitigation measures are required to reduce potential environmental impacts identified in the initial study for this project to a level below significant. The mitigation measures will be made a condition of project approval, as well as requirements of the attached Mitigation Monitoring Program (Attachment "A"). 1. A biological monitor shall be present on the project site during all brush clearing activities. The biologist will coordinate with equipment operators and oversee the use of brush clearing machinery in order to effectively eliminate the chance of direct harm to the gnatcatchers present on-site. The biologist shall also be availabl e to resolve any issues which may arise due to unforeseen circumstances. 2. Brushing activities are to be initiated at the south end of the project site adjacent to existing residential areas. From the southern property boundary, brushing equipment will work across the project site in a general east-west direction and continue northward in an attempt to direct the gnatcatchers into existing natural coastal sage scrub habitat north of East "J" Street. 3. Off-site mitigation through the purchase of existing coastal sage scrub habitat shall be provided by the applicant for impacts to the revegetated scrub on the project site. Mitigation in a 1: 1 ratio shall be required for impacts to revegetated scrub resultin g from project implementation. 4. The project applicant shall obtain a "Will" serve letter from the Chula Vista Elementary School District and the Sweetwater Union High School District prior to final map approval. 3 F. Consultation 1. Individuals and Organizations City of Chula Vista: Jeff Steichen, Planning Doug Reid, Planning Majed AI-Ghafry, Engineering Samir Nuhaily, Engineering Duane Bazzel, Planning Garry Williams, Planning Ken Larsen, Director of Building & Housing Rod Hastie, Fire Department MaryJane Diosdada, Crime Prevention Joe Gamble, Parks & Recreation Dept. Peggy McCarberg, Acting Deputy City Attorney Chula Vista City School District: Dr. Lowell Billings Sweetwater Union High School District: Katy Wright Applicant's Agent: Mark Linman & Ryan Green 2. Documents Chula Vista General Plan (1989) and EIR (1989) Title 19, Chula Vista Municipal Code Habitat Conservation Plan for the coastal Gnatcatcher, RECON, (10/29/97) 3 _ Initial Study This environmental detennination 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 Negative Declaration. The report reflects the independent judgement of the City of Chula Vista. Further information regarding the environmental review of this project is available from the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 91910. / ENVIRO ENTAL REVIEW COORDINATOR EN 6 (Rev.~3) ----- (M:\home\phuming\lc.cith\negdr:c_rornans) P"" Case No. 18-98-23 E~ONMENTALCHECKLI8TFORM 1. Name of Proponent: Western Pacific Housing 2. Lead Agency Name and Address: City of Chula Vista 276 Fourth A venue Chula Vista, CA 91910 3. Address and Phone Number of Proponent: 2385 Camino Vida Roble Carlsbad, CA. 92009 (619) 929-1600 4. Name of Proposal: Bella Nevona 5. Date of Checklist: March 19, 1998 Polcnll;lJiy l'olenlliJlly SignificiJnt Less than Sl~IlJflCanl linless Significanl No Impact Miligutcd Impacl Impact 1. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or D D D r8I zoning? b) Conflict with applicable environmental D D D r8I plans or policies adopted by agencies with jurisdiction over the project? c) Affect agricultural resources or operations D D D r8I (e.g., impacts to soils or farmlands, or impacts from incompatible land uses)? d) Disrupt or divide the physical arrangement D D D r8I of an established community (including a low-income or minority community)? Page No. I Potenllally Significant Impact Polclllially SignificlInl Unless Miligaled No hnpacl Less lhall Significanl Impact Comments: The proposed project conforms to the Chula Vista General Plan, the Planned Community General Development Plan and the Sectional Area Plan for the site. The site has been previously graded and the proposed basic land use plan is not incompatible with adjacent existing residential uses. II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially 0 0 0 !81 affordable housing? Comments: The proposed project has a population projection that is in conformance with the General Plan and SANDAG population projections for this area. The project is an infill project surrounded by residential development and does not involve any public facilities that would induce any further substantial growth. The project site does not involve any existing housing that would be displaced. III. GEOPHYSICAL. Would the proposal result in or expose people to potential impacts involving: a) Unstable earth conditions or changes in geologic sllbstructures? b) Disruptions, displacements, compaction or overcovering of the soil? c) Change in topography or ground surface relief features? d) The destruction, covering or modification of any unique geologic or physical features? e) Any increase in wind or water erosion of soils, either on or off the site? o o o !81 o o o !81 0 0 0 !81 0 0 0 !81 0 0 0 !81 0 0 0 !81 o o o !81 Page No.2 f) Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay inlet or lake? g) Exposure of people or property to geologic hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards? !Iolenliiilll' jiolenlJdlly SlgniflCi1nl LessUlaf1 SIgnificant lJ!1kss Significant No Impact Mitigated Impacl Impacl 0 0 0 r8I o o o r8I Comments: The environmental Impact Reports for the Rancho del Rey Specific Plan and for SPA ill of Rancho del Rey show that the main trace of the La Nacion Earthquake fault, a potentially active falllt is about 1/2 miles to the west and would not directly nor indirectly impact the project site. The site is not currently within a mapped Earthquake Fault Zone. No further mitigation will be required. IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? b) Exposure of people or property to water related hazards such as flooding or tidal waves? c) Discharge into surface waters or other alteration of surface water quality (e.g., temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any water body? e) Changes in currents, or the cOllrse of direction of water movements, in either marine or fresh waters? f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? o o r8I o o o o r8I o o o r8I o o o r8I o o o r8I o o o r8I Page No.3 PolClIllall) PolcnLwliy SJgnificanl l..esSlllall Slgnrflcanl Unless Significanl No Impact Miligaled Impact Impact g) Altered direction or rate of flow of 0 0 0 !81 groundwater? h) Impacts to groundwater quality? 0 0 0 !81 i) Alterations to the course or flow of flood 0 0 0 !81 waters? j) Substantial reduction in the amount of 0 0 0 !81 water otherwise available for Pllblic water supplies? Comments: The engineering division indicates that there is an existing type "B" brow ditch west of Wild Oak road. However, this facility is not adequate to serve the project and the developer is proposing two type "B" inlets with one deanout and the construction of an 21" RCP storm drain to connect to the existing 21" RCP that is within the existing 20 foot easement east of River Ash Drive. Additional connections will be made within existing easements to ensure adequate flow. The Engineering Division indicate that the propose improvements will be adequate and these will be evaluated once in operation. The project site is not found within a flood plain per FEMA maps. The project will be required to develop and implement a storm water pollution plan (SWPP), and to comply with Chapter 14.20 of the Chula Vista Municipal Code, relating to management practices associated with construction activity. A National Pollutant Discharge Elimination System (NPDES) General Permit will be required for storm water discharges associated with construction activity because the project will result in soils disturbance of five acres or more and/or is part of a common plan of development or sale that results ins soil disturbance of 5 acres or more. No other significant impacts to water resources or drainage are noted. No further mitigation will be required. V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? o o o !81 o o o 181 c) Alter air movement, moisture, or temperature, or cause any change in dimate, either locally or regionally? d) Create objectionable odors? o o o !81 o o o !81 Page No.4 Poler;l!alJ} SIgnificant !mpacl PolcnLliJlI) Significant Unless Miligated Less Ulan SIgnificant ImpacL No Impact e) Create a substantial increase in stationary or non-stationary sources of air emissions or the deterioration of ambient air quality? Comments: Grading and construction of the proposed single-family residential units would temporarily create dust and emissions associated with activity from construction equipment and vehicles. These short-term emissions are not considered significant impacts, however, standard dust control measures wOllld be implemented, including watering exposed soils and meet sweeping. The Average Daily Traffic (AD1) calculated to be generated by the proposed project is estimated to be 290. Due to the low number of trips no significant air quality impacts are cited. No further mitigation will be required. VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? b) Hazards to safety from design features (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? c) Inadequate emergency access or access to nearby uses? d) Insufficient parking capacity on-site or off- site? e) Hazards or barriers for pedestrians or bicyclists? f) Conflicts with adopted policies supporting alternative transportation (e.g. bus tllrnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? h) A "large project" under the Congestion Management Program? (An equivalent of 2400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips.) D D D D D D D D D D D o D D D D D o 181 181 o D D D D o D D D 181 181 181 181 181 181 181 Page No.5 Comments: Based on the proposed Ilse the total ADT for the project is calculated to be 290. The traffic generated would not adversely impact the surrounding primary access roads including East 'T Street a class II collector, Telegraph Canyon Road a six-lane prime arterial and East "n" Street a six-lane prime arterial which would all remain at a Level of Service ( L.O.s.) of "C". A nearby development known as Sunbow II is scheduled to widen Telegraph Canyon road to a six-lane major arterial before this development takes place. No adverse impacts to traffic or circulation are noted for this proposed project. No further mitigation will be required. VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, sensitive species, species of concern or species that are candidates for listing? b) Locally designated species (e.g., heritage trees)? c) Locally designated natural communities (e.g, oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian and vernal pool)? e) Wildlife dispersal or migration corridors? f) Affect regional habitat preservation planning efforts? l'olcnlial!y Slgniflcanl Impacl Potentially Significanl Unless Miligalcd No Irnpacl LesslhiJfI SlgnifICanl Impact o ~ o o 0 0 0 ~ 0 0 0 ~ 0 0 0 ~ 0 0 0 ~ 0 0 0 ~ Page No.6 j'oLenllaliy Signiflcanl Impdct j1oLenLliJl!y Significant Unless Milir,aLed Less Lhan SIgnificant Impact No Impact Comments: The approximate five-acre project site has been previously disturbed and revegetated with a mix of both desert and scrub native species. The dominant plant species are brinlebrush (Encelia farinosa), common encelia (E. californica), coast goldenbush (Isocoma menziesii), and deer weed (Lotus scoparius). Brinlebrush is native to desert areas east and northeast of coastal San Diego County and is not a natural component of native vegetation in the coastal area. Approximately 50 individual California sagebrush plants are widely scanered across the site. There are other native and non-native plant species present but are not considered to be threatened or endangered plant species. There is no coastal sage scrub found on this site. On September 1997 (RECON 1997) a single pair of coastal California gnatcatchers was observed foraging in the revegetated scrub on-site during a biological survey. The coastal California gnatcatcher is listed as threatened by the USFWS, and is also considered a species of special concern by the California Department of Fish and Game (CDFG). The gnatcatcher is a target species for state Natural Communities Conservation Program (NCCP) and local Multiple Species Conservation Programs (MSCPs). The applicant has prepared a Habitat Conservation Plan (HCP) and is applying for an incidental take permit from the u.S. Fish and Wildlife Service (USFWS) pursuant to Section 10 (a) (1) (B) of the Endangered species Act of 1973, as amended (ESA). The permit would authorize the incidental take of one pair of coastal California gnatcatchers in association with the proposed single family residential development of the project site. The Hcr provides for biological monitoring and mitigation measures designed to minimize potential impacts to the gnatcatchers. A biological monitor would be present on the project site dllring all brush clearing activities. The biologist would work closely with equipment operators to ensure that no harm comes to the gnatcatchers. An anempt would be made if the gnatcatchers are found to direct the gnatcatchers into existing natural coastal sage scrub habitat north of East 'T Street. Off-site mitigation in a 1:1 ratio will be required for the loss of revegetated scrub resulting from project implementation. The breeding season for the gnatcatchers extends from late February, when the birds begin to pair, through July, with the peak nesting period being mid-March through mid-May. The take permit will address breeding tssue. VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? o o o ~ Page No.7 b) Use non-renewable resources in a wasteful and inefficient manner? fiuLcnllJIJr I )ot (~n lid I ty SIgnificant Less than SignifICant Unless Significant No Impacl Miligaled Impact Impact 0 0 0 181 0 0 0 181 c) If the site is designated for mineral resource protection, will this project impact this protection? Comments: No evidence has been provided that indicates that the project will use non- renewable resources in a wasteful and inefficient manner. No impacts to non-renewable resources are noted. IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of 0 0 0 181 hazardous sllbstances (including, but not limited to: petroleum products, pesticides, chemicals or radiation)? b) Possible interference with an emergency 0 0 0 181 response plan or emergency evacuation plan' c) The creation of any health hazard or 0 0 0 181 potential health hazard? d) Exposure of people to existing sources of 0 0 0 181 potential health hazards? e) Increased fire hazard in areas with 0 0 0 181 flammable brush, grass, or trees? Comments: The project proposes residential development and would not pose a health hazard to humans nor would hazardous materials or substances be stored on site. Therefore, there cannot be a risk of an explosion or release of hazardous substances in the event of an accident or unforseen natural occurrence. No adverse impacts are noted.. X. NOISE. Would the proposal result in: a) Increases in existing noise levels? o o 181 0 0 181 Page No.8 b) Exposure of people to severe noise levels? o o IJoltnlialJv Sll~ njf Ica n L Impact l'olcnLwlJv Signiricdnl Unlcss MiLigi1l{~d LesS' Lhan SIgnificant Impact No Impacl Comments: Temporary construction noise would occur at the project site, however, the short term nature of the noise and the daytime hours associated with the construction activity render the potential noise factor to less than significant. XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government servIces in any of the following areas: a) Fire protection? 0 0 r8I 0 b) Police protection? 0 0 r8I 0 c) Schools? 0 r8I 0 0 d) Maintenance of public facilities, including 0 0 r8I 0 roads? e) Other governmental services? 0 0 r8I 0 Comments: The fire department indicates that they will be able to provide adequate level of fire protection for the proposed project without an increase in equipment or personnel. The police department indicates that its response time for priority 1 & 2 calls is slightly below the service threshold standard. However, the police department does not indicate that it will require an increase in personnel or equipment to provide an adeqllate level of service for the proposed project. The Chula Vista Elementary School District and Sweetwater Union High School District have expressed their desire for the proposed development to form part of each of their Community Facilities District. The applicant will need to obtain a "Will" serve letter from each of the mentioned districts prior to final map approval. No other adverse impacts are noted. No further mitigation will be required. o o o r8I XII. Thresholds. Will the proposal adversely impact the City's Threshold Standards? As described below, the proposed project does not adversely impact any of the seen Threshold Standards. a) Fire/ELMS o o r8I o Page No.9 Polenlidlly Slglllflcanl Impacl Polcnlli1!1y Significanl Unless Miligdlcd l.essthdn Significant Impacl No Jmpacl The Threshold Standards requires that fire and medical units must be able to respond to calls within 7 minutes or less in 85% of the cases and within 5 minutes or less in 75% of the cases. The City of Chula Vista Fire Department indicates that the nearest fire station is 4 miles away and that this threshold standard will be met. The proposed project will comply with this Threshold Standard. Comments: The Fire Department states that it can adequately provide fire service to the project site with the proposed development b) Police o o o ~ The Threshold Standards require that police units must respond to 84% of Priority 1 calls within 7 minutes or less and maintain an average response time to all Priority 1 calls of 4.5 minutes or less. Police units must respond to 62.10% of Priority 2 calls within 7 minutes or less and maintain an average response time to all Priority 2 calls of 7 minutes or less. The Police Department response time for both Priority 1 and Priority 2 calls within the vicinity of the proposed project slightly exceed these Threshold Standards. Comments: The police Department indicates that adequate service can be provided to the project site. Crime prevention personnel are available to assist the Project Manager with recommendations and input regarding this project. c) Traffic o o ~ o The Threshold Standards require that all intersections must operate at a Level of Service (LOS) "C" or bener, with the exception that Level of Service (LOS) "D" may occur during the peak two hours of the day at signalized intersections. Intersections west of 1-805 are not to operate at a LOS below their 1987 LOS. No intersection may reach LOS "E" or "F" during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this Standard. This Threshold Standard does not apply to the proposed project. Comments: No adverse impacts to traffic! circulation are noted from project approval. d) Parks/Recreation o o ~ o The Threshold Standard for Parks and Recreation is 3 acres/1,000 population. This Threshold Standard does apply to the proposed project. Page No. 10 FotenlliJlI} Significant Impacl Folcnl1illl} Significant Unless MiLJgaled Less thall SJgniflcanl Impact NO !mpacl Comments: The project is subject to Parks and Recreation Threshold requirements. The applicant will not be required to dedicate park land but will be required to pay park in-lieu fees as established by the City of Chula Vista. No adverse impacts to parks or recreational opportunities are noted. No further mitigation will be required. e) Drainage The Threshold Standards require that storm 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. The proposed project does comply with this Threshold Standard. o o 181 o Comments: The Engineering Department indicates that the project proponent's proposed improvements to existing off-site drainage facilities appear to be adequate to serve the proposed project. These proposed improvements will be evaluated by the City engineering division once in place for full effectiveness. No further mitigation will be required. e) Sewer o o 181 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. The project will comply with this Threshold Standard. Comments: The project proponent proposes to install an 8" pvc sewer line in Wild Oak Road to flow westerly in an easement that will connect to an existing 8" pvc sewer line in River Ash Drive which flows in the southerly direction to Blackwood. The Engineering Division indicates that the proposed improvements to the existing sewer facilities appear adequate to serve the proposed project but, these will be evaluated in the future for proper performance. No significant adverse impacts to sewers are noted. No further mitigation will be required. D Water o o o 181 Page No. 11 j;olcntm!i\ Slgniflcan[ Impact IJolcnl\dlly S\gniflCiJnl Unless Miligalcd Less than Significant Impact No Impact The Threshold Standards require that adeqllate storage, treatment, and transmission facilities are constructed concurrently with planned growth and that water quality standards are not jeopardized during growth and construction. The proposed project does comply with this Threshold Standard. Comments: The project proponent will need to obtain a "Will" serve letter from the corresponding water purveyor for this area. No adverse impacts to water quality are noted from project approval. No further mitigation will be required. XIII. UTILITIES AND SERVICE SYSTEMS. W70uld the proposal result in a need for new systems, or substantial alterations to the following utilities: a) Power or natural gas? D D D 181 b) Communications systems? D D D 181 c) Local or regional water treatment or D D D 181 distribution facilities? d) Sewer or septic tanks? D D 181 D e) Storm water drainage? D D 181 D f) Solid waste disposal? D D 181 D Comments: Please see discussion under Section xn Thresholds above for drainage, sewer and water. The Engineering division calculates the project will generate about 717.75 lbs. of solid waste per day. This represents a less than significant impact on solid waste disposal services. No impacts to power or communication systems arc anticipated from approval of this project. No further mitigation will be required. XIV. AESTHETICS. Would the proposal: Page No. 12 Polenllall) Pote[ltIGlI:! SigniflCiir,l Les~ lhan Slgniflcanl Unh~ss SJgnificanl No Impacl Miligillcd hnpacl Impacl a) Obstruct any scenic vista or view open to 0 0 0 181 the public or will the proposal result in the creation of an aesthetically offensive site open to public view? b) Cause the destruction or modification of a 0 0 0 181 scenic route? c) Have a demonstrable negative aesthetic 0 0 0 181 effect? d) Create added light or glare sources that 0 0 0 181 could increase the level of sky glow in an area or cause this project to fail to comply with Section 19.66.100 ofthe Chula Vista Municipal Code, Title 19? e) Reduce an additional amount of spill light? 0 0 0 181 Comments: The proposal represents a relatively small infill residential project. Surrounding land uses on three sides are single family residential. It is anticipated that the project will complement adjacent surrounding residential development. No adverse impacts to aesthetics or lighting are noted. The engineering division indicates that the installation of street lights will be required along East "J" Street as well as within the project site. No further mitigation will be required. XV. CULTURAL RESOURCES. Would the proposal: a) Will the proposal result in the alteration of 0 0 0 181 or the destruction or a prehistoric or historic archaeological site? b) Will the proposal result in adverse physical 0 0 0 181 or aesthetic effects to a prehistoric or historic building, structure or object? c) Does the proposal have the potential to 0 0 0 181 cause a physical change which would affect Ilnique ethnic cultural vallles? d) Will the proposal restrict existing religious 0 0 0 181 or sacred uses within the potential impact area? Page No. 13 e) Is the area identified on the City's General Plan EIR as an area of high potential for archeological resources? Comments: The project site has been previously disturbed and revegetated. The adjacent properties are fully developed with single family residential housing. No adverse impacts to cultural resources are noted. PolcnllilJly IlolrnllalJy Significcml Less thiil! Significant Unless Significant Impact Miligalcd Impact 0 0 0 No Jmpad r8I XVI. PALEONTOLOGICAL RESOURCES. Will the proposal result in the alteration of or the destruction of paleontological resources? Comments: No paleontological resources have been identified on or near the project, which is located in a fully developed urban setting. o o o r8I XVII. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? o o r8I o b) Affect existing recreational opportunities? o o r8I o c) Interfere with recreation parks & recreation plans or programs? Comments: The project is subject to Parks and Recreation Threshold requirements. The applicant will not be required to dedicate park land but will be required to pay park in-lieu fees as established by the City of Chula Vista. No adverse impacts to parks or recreational opportunities are noted. No further mitigation will be required. o o o r8I XVIII. MANDATORY FINDINGS OF SIGNIFICANCE: Page No. 14 Potentlal!y Significant impacl j!oLcnlliJ!ly Signifll'ill1! Unless Miligaled Lesslhan Significant !mpact No Impacl a) Does the project have the potential to 0 181 0 0 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 or California history or prehistory? Comments: The project site is in a fully developed urban setting. The project site has been completely disturbed by human activity. There are no sensitive plant species on site. However, a pair of coastal California gnatcatchers listed as threatened by the USFWS has been observed on the site. A Habitat Conservation Plan has been prepared in order to obtain a section lO(a)(l)(B) federal permit for the incidental take of these species. Please see discussion above under section VII, Biological Resources. b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? Comments: The project does not have the potential to achieve short term environmental goals to the disadvantage of long-term goals. The project represents a small in-fill project proposing to provide housing for the local and regional area. o o o 181 c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) Comments: The project does not have any impacts that are individually limited, but cumulatively considerable. Project approval will result in the development of an existing five acre vacant site to meet the area's housing needs. o o o 181 Page No. 15 l'olr:JllJally ~li:nlfICanl !rnlMct IlolenLidl!, Significa!!1 Unless Mitigall:d Lesslhan SJgniflcanl Impact No !mpad d) Does the project have environmental effect which will cause substantial adverse effects on human beings, either directly or indirectly? Comments: The analysis contained in the Initial Study found no evidence indicating the project will cause substantial adverse effects on human beings, either directly or indirectly. o o o 181 XIX. PROJECT REVISIONS OR MITIGATION MEASURES: The following project revisions or mitigation measures have been incorporated into the project and will be implemented during the design, construction or operation of the project: 1. A biological monitor shall be present on the project site during all brush clearing activities. The biologist will coordinate with equipment operators and oversee the use of brush clearing machinery in order to effectively eliminate the chance of direct harm to the gnatcatchers present on-site. The biologist shall also be available to resolve any issues which may arise due to unforseen circumstances. 2. Brushing activities are to be initiated at the south end of the project site adjacent to existing residential areas. From the southern property boundary, brushing equipment will work across the project site in a general east-west direction and continue northward in an attempt to direct the gnatcatchers into existing natural coastal sage scrub habitat north of East "J" Street. 3. Off-site mitigation through the purchase of existing coastal sage scrub habitat shall be provided by the applicant for impacts to the revegetated scrub on the project site. Mitigation in a 1:1 ratio shall be required for impacts to revegetated scrub resulting from project implementation. 4. The applicant shall obtain a "Will" serve letter from the Chula Vista Elementary School District and the Sweetwater Union High School District prior to final map approval. Date Page No. 16 XX. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. o Land Use and o T ransportation/ Circulation o Public Services Planning o Population and 181 Biological Resources o Utilities and Service Housing Systems o Geophysical o Energy and Mineral o Aesthetics Resources o \Xl ater o Hazards o Cultural Resources o Air Quality o Noise o Recreation o Mandatory Findings of Significance XXI. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the 0 environment, and a NEGA TIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the 181 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. Page No. 17 I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect: 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as 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. 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 EIR, including revisions or mitigation measures that are imposed upon the proposed project. An addendum has been prepared to provide a record of this determination. '\ ;;?I!J {J ~~1l/j . Eri';;rom;6:ehtal Review Coordinator City of chula Vista Date I . 3/ /1 /7~ I o o Page No. 18 ATTACHMENT "A" Mitigation Monitoring Program 15-98-23 This Mitigation Monitoring Program is prepared for the Bella Nevona single-family residential subdivision proposed along the south side of E. "J" Street between Paseo Ladera and River Ash Drive in the City of Chula Vista. The legislation requires public agencies to ensure that adequate mitigation measures are implemented and monitored on Mitigated Negative Declarations, such as IS-98-23. AB 3180 requires monitoring of potentially significant and/or significant environmental impacts. The mitigation monitoring program for this project ensures adequate implementation of mitigation for the following potential impacts: Biological Resources and Schools. Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinator (MCe), shall be the Environmental Review Coordinator (ERe) for the City of Chula Vista. It shall be the responsibility of the applicant to ensure that the conditions of the Mitigation Monitoring Program are met to the satisfaction of the ERe. Evidence in written form confirming compliance with the mitigation measures specified in Mitigated Negative Declaration No. IS-98-23 shall be provided by the biological monitor and applicant as identified in the attached Mitigation Monitoring and Reporting Checklist, to the ERC as stipulated by each mitigation measure. The ERC will thus provide the ultimate verification that the mitigation measures have been accomplished. MITIGA TION MONITORING AND REPORTING CHECKLIST PROJECT NAME: Bella Nevona subdivision INITlAL STUDY NO: 98-23 Issue Area Biological Mitigation Measure #1 "A biological monitor shall be present on the project site during al brush clearing activities. The biologist will coordinate with equipment operators and oversee the use of brush clearing machinery in order to effectively eliminate the chance of direct harm to the gnatcatchers present on-site. The biologist shall also be available to resolve any issues which may arise due to unforeseen circumstances." Mitigation Measure #2 "Brushing activities are to be initiated at the south end of the project site adjacent to existing residential areas. From the southern property boundary, brushing equipment will work across the project site in a general east-west direction and continue northward in an attempt to direct the gnatcatchers into existing natural coastal sage scrub habitat north of East "]" Street." Mitigation Measure #3 "Off-site mitigation through the purchase of existing coastal sage scrub habitat shall be provided by the applicant for impacts to the revegetated scrub on the project site. Mitigation in a 1: 1 ratio shall be required for impacts to revegetated scrub resulting from project implementation. " Full compliance with these mitigation measures will reduce potential project impacts to biological resources to less than significant. No additional mitigation is necessary at this time. Proiect Phase Implementation (proiect Design: Construction: Post Construction) During the construction phase. Responsible Agencv lies) City Planning Department " 1 /// y v -1 , , " ., \::;J / // ~~Irn: i PAOJECT~ ~,~ ~ION ----.~ ~ r;- II .' i :,~' '"" i. '" " ;1 " li~ " .'1 ~,( II : !,~ II , . . ,.-------. XC ' Q:- ;---- '-0., - I it:::).. i,l : ,"",' .----_i ,- I:. ., -..i/ I i . \ \ I / C) / /--____' :-- I , ,I, '.~\ ' I Ibj/~ ____ , \ \ \ \ ~/ I ! I jli \\\~ ~ '-'ICJ' . ~ \ Ii'" .., \ ~~\ ,,~\)'Joou r'\ I, '/>,' I" ~\>>~\ ''. \ . /, . \. .... \ \ \ \, \ '! 1\ / ~ . I, \ .....- _______ :' I / \/ ! '....._ I. .'\. ----\ '-->-" \', ~! I 1---...., :.-- ----- \..___' . ,--------... !. / / ----'-----I /<.., , ~' /~I f:j I /^"'v> :<~/~ I 'SJ ~,.' "'~ / /. , " '.' "~...., . ! i ., y /"- .',-~.". I / .... , " i_________ /! ; : (~r-------- ,// ,/ I ,- -. . , -, i / / / / ; ; / \ /~~\ ~ / / / / / / i I \. / i , , I \ I \ / / .~ ---- ',- \:.-;:::- ~\-' /" \~ . ..-------- ' -- , '7"'--- . ,- ...---- r!J. . ---------- ...- . ~.~. . I: . '. , I \ \ v' J '\ \ / \ / ;' , \ " , , '. '/ ., ;.- I :............ ,---....... --- ~ i \ , \ '\ ", \, !, I i W\\..DD~IZ BD I i I I C HULA VISTA PLANNING DEPARTMENT LOCATOR PROJECT Western Pacific Housing PROJECT DESCRIPTION: ~ APPUCANT: INITIAL STUDY PROJECT East "J" Street Request Proposal ier a Tentative Subdivision Map with 29 single iamlly ADDRESS: detached dwellings units and associated grading and public improvements.' SCALE: ALE NUMBER: NORTH NoS::aJe 1&98-23 h:\hDme\planning\oarlDS~Dcators\is9B23.cdr 2111/9B