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HomeMy WebLinkAboutPlanning Comm Reports 2003/05/14 AGENDA PLANNING COMMISSION MEETING Chula Vista, California Wednesday, May 14,2003,6:00 p.m. Council Chambers 276 Fourth Avenue, Chula Vista,CA CALL TO ORDER: Hall Madrid O'Neill Cortes Castaneda Horn Felber ROLL CALL/MOTIONS TO EXCUSE PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE INTRODUCTORY REMARKS APPROVAL OF MINUTES: April 23, 2003 ORAL COMMUNICATIONS 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 three minutes. 1. PUBLIC HEARING: PCC-02-13; Conditional Use Permit proposal to allow the expansion and conversion of an existing accessory building into a 906 square foot accessory second dwelling unit attached to a two-car garage behind the existing single-family dwelling located at 736 Church Avenue. The project site is located in the Single-Family Residence (R-1) zone. The accessory second unit is in compliance with State Government Code Section 65852.2(b). The applicant is Daniel Contreras. Project Manager: Michael Walker, Associate Planner 2. PUBLIC HEARING: Public Hearing: Consideration of a Conditional Use Permit, PCC-03-48, for Cingular Wireless to construct an unmanned cellular communications facility at Hilltop Baptist Church -740 Hilltop Drive. 3. PUBLIC HEARING: PCM 02-04; Auto Park North Specific Plan. Project Manager: Raymond Pe Planning Commission - 2- May 14, 2003 4. PUBLIC HEARING: Mitigated Negative Declaration 15-03-016 and Precise Plan PCM-03-15 to allow for a mixed-use project that includes: (1) 40 lane homes (condominiums); (2) nine loft apartments; (3) 9,000 square feet of retail space; and (4) reductions in parking and open space. The project site is located at 760 Broadway in the Central Commercial, Precise Plan (C-C-P) zoning district. The Developers are Carter Reese Associates and Bitterlin Development Corporation. Project Manager: Michael Walker, Associate Planner 5. PUBLIC HEARING: Negative Declaration (15-03-008); Rezone (PCZ-03-02) from the Thoroughfare Commercial, Precise Plan (C-T-P) zone to the Central Commercial Precise Plan (C-C-P) zone; and Precise Plan (PCM-03-21) to allow for a mixed-use project that includes: (1) 41 apartments affordable to low income senior citizens with associated support services; (2) one manager's apartment; (3) 2,219 square feet of retail space; and (4) reductions in setbacks, parking and open space. The project site is located at Project Manager: Michael Walker, Associate Planner 6. PUBLIC HEARING: PCM-03-06; Request to amend the Otay Ranch Village 11 Sectional Planning Area (SPA) Plan, Site Utilization Plan and adopt an Ordinance to modify the Otay Ranch Village 11 SPA Planned Community District Regulations. Applicant- Brookfield Shea Otay, LLC. PCS-03-02; Request to approve a Revised Tentative Subdivision Map for Village 11 of Otay Ranch, Chula Vista Tract 01-11A. Applicant - Brookfield Shea Otay, LLC. Project Manager: Rich Whipple, Associate Planner Planning Commission - 3 - May 14, 2003 DIRECTOR'S REPORT: COMMISSION COMMENTS: COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, request such accommodations at least forty-eight hours in advance for meetings, and five days for scheduled services and activities. Please contact Diana Vargas for specific information at (619) 691-5101 or Telecommunications Devices for the Deaf (TDD) at 585-5647. California Relay Service is also available for the hearing impaired. ~\\/? ::-~ ~.= Cm'r-Jf CHURA VIS];'\. Depa.rt:n1ent of P1a~g and Building Date: May 14,2003 Subject: Planning Commissioners John Schmitz, Principal Planner 9 Continued Public Hearing on PCC 02-13 (Contreras) To: From: On April 23, the Planning Commission was scheduled to hold a public hearing on the above application by Mr Contreras. However, due to the length of the agenda and conflicts with the applicant's schedule the matter was continued to the May 14th agenda. Attached please find the staff report that was prepared for the April 23'd meeting that still contains the relevant information on this project, and presents a recommendation for approval with a requirement that the proposed second unit be reduced in size. Also attached is a petition recently submitted by neighbors who remain opposed to the project. In the event that the Planning Commission finds that the facts of the request have not changed since their previous action, staff has prepared and attached a draft resolution again denying the request. Attachments: Staff report dated April 23, 2003 including draft resolution of approval Petition in opposition received May 8, 2003 Draft resolution of denial JCS J:\P]anninglJohnS\StatrReport~\PC\2002\PC -736 Church 2nd Unit Cantin.DOC / PLANNING COMMISSION AGENDA STATEMENT Item: .2. Meeting Date: 04/2312003 ITEM TITLE: Public Hearing: Conditional Use Pern1it PCC-02-13, proposal to allow the expansion and conversion of an existing accessory building into a 906 square foot accessory second dwelling unit attached to a two-car garage behind the existing single-family dwelling located at 736 Church Avenue. The project site is located in the Single-Family Residence (R-l) zone. The accessory second unit is in compliance with State Government Code Section 65852.2(b). The applicant is Daniel Contreras. The property owner proposes to add 498 square feet to an existing 408 square foot pennitted workshop that would be converted to a 906 square foot accessory second dwelling unit. The existing workshop is attached to a 400 square foot garage. It is important to note that the garage and workshop were previously illegally converted into a dwelling unit. The accessory unit would include a Jiving room, kitchen, bathroom and two bedrooms. The Environmental Review Coordinator has concluded that this project is a Class 3(a) categorical exemption from environmental review (CEQA Section 15303 (a) new construction and location of limited numbers of new, small facilities or structures). RECOMMENDATION: That the Planning Commission adopt the attached Resolution PCC- 02-13 approving the request based on the findings and conditions contained therein for the accessory second unit. DISCUSSION: Building Pennit and Code Enforcement History In June 2001, Code Enforcement sent a notice violation r~garding illegal garage conversion to Mr. Contreras. After two more attempts to advise Mr. Contreras of the violation, Code Enforcement issued him an Administrative Citation because he hdd not complied. In November of 2002, Mr. Contreras converted the garage back to a garage (SCe Attachment 3). The 906 square foot accessory sccond unit is propo,cd on a 6,639 square foot lot. The application for the accessory second unit was submitted on September 18. 2001. and was processed using the State's criteria for such units becausc the City did not have an ordinance in place at the time. On Junc 12.2002, the Planning Commission denied the project without prejudice because the property W8S in violation of the Zoning Ordinance as a result of the iJlegal garage conversion, and because the .:::JL Page 2, Item: Meeting Date: 04/23/03 proposed size of the accessory second unit appeared out of scale with neighborhood. Although the Commission denied the project, they indicated that their decision might have been different if the applicant corrected the violation and scaled back the size of the accessory unit (see Planning Commission Minutes Attachment 4). The applicant initially appealed the decision, but withheld the appeal because he decided to correct the violation by converting the illegal unit back to a two-car garage. The property was cleared of the violation in November 2002. However, the applicant has not altered the size of the proposed unit and desires to have the 906 square foot unit. The City recently adopted an ordinance that regulates the size of accessory second units to a maximum of 650 square feet. Since an appeal was filed subsequent to the Planning Commission's final decision, the application remains active. The project can still be considered under the State criteria because the project was analyzed using the State's criteria. Based on the City's adopted ordinance and the Planning Commission's original concern about the unit's size, staffis recommending that the applicant reduce the proposed unit to 700 square feet or less. Neighborhood Issues In prior hearings, a neighborhood spokesperson stated their concerns, which is commonly associated with accessory second units. In this case, the specific issues included parking and the project's size of 1,310 square feet, which included the garage conversion and the proposed two-bedroom unit. 1. Site Characteristics The property is 6,639 square-feet in size, and contains an existing 904 square-foot single-family dwelling, a 404 square- foot detached garage and a 408 square foot workshop attached to the garage. The uses adjacent to the property include single-family dwellings to the north, south and east and commercial to the west. The proposed location of the second unit is behind the existing single- family dwelling. 2. General Plan. Zoning and Land Use Site: N0I1h: South: East: West: General Plan Residential, Low-Medium Residential, Low-Medium Residential, Low-Mt'lhum Residential, Low-Mrd1Llm Commercial, Retail Zoning R-I R-l R-I R-I C-O Current Land Use Single-family residential Single-family residential Single-family residential Single-family residential Administrative Professional Office 3. Proposal The project includes a 498 square foot addition to an existing 408 square foot workshop resulting in a 906 square foot accessory second unit. The unit would include two bedrooms, a living room, ~5 Page 3, Item: Meeting Date: 04/23/03 kitchen and a bathroom. The application for the accessory second unit meets state guidelines. State law provides guidelines that enable cities without adopted accessory second unit ordinances, to process these applications. The guidelines currently allow cities to require a conditional use pennit in each case. State Government Code Section 65852.2(b)(1)(A)-(I) is explained below: (b) (I) When a local agency has not adopted an ordinance by July 1, 1983, or within 120 days after receiving its first application, the local agency shall grant a special use or conditional use pennit for the creation of an accessory second unit if the unit complies with all of the following: (A) The unit is not intended for sale, but may be rented. (B) The lot is zoned for single-family or multi-family use. (C) The lot contains an existing single-family dwelling. (D) The accessory second unit is either attached or detached and located on the same lot. (E) The increased floor area of the attached unit does not exceed 30 percent of the existing living area. (F) The total area of the detached unit does not exceed 1,200 square feet (906 square feet). (G) Requirements related to height, setback, lot coverage, architectural review, site plan review, fees, charges, and other zoning requirements generally applicable to the zone. (H) Local building code requirements to detached dwellings, as appropriate. (I) Approval by local health officer is required if a private sewage disposal system is utilized. ANALYSIS: The proposed accessory second unit has been analyzed using the state guidelines because the application was processed prior to the City's recently adopted ordinance regulating accessory second units. The analysis is as outlined below: (A) No Parcel Map has been applied for to divide interest in the land, therefore the accessory second unit cannot be sold. (B) The accessory second unit would be in an R-I (Single-Family Residence) zone. (C) The lot contains an existing single-family dwelling. (D) The accessory second unit will be detached and on the same lot of an existing primary single- family dwelling. (E) The accessory second unit will be detached from the existing dwelling and is therefore not subject to the 30 percent limitation. (F) The acc~ssory second unit would be 90r, square feet 0.200 square feet is the maximum allowed by State law). (G) The proposed detached second accessory unit will comply with all of the required R-I developmen" standards, as outlined in the table below: ~ '/ Page 4, Item: Meeting Date: 04/23/03 DEVELOPMENT STANDARD Height Lot Coverage Setbacks: Front 15 feet 26 feet Rear 20 feet 22 feel Sides 5 feet each side 5 feet and 4 feet* Parking 3 space 3 space Floor Area Ratio (FAR) 45 percent 33 percent *Does nolmeet required setback. However, Section 19.58.020(B)(1) states that a one-story accessory building may disregard any rear or side yard setback requirements if located in the rear 30 percent of the lot, or back of the front 70 feet of the lot. ALLOWEDIREQUlRED 28 feet (2.5 stories) 40 percent PROPOSED 13 feet 33 percent (H) Fees, and other charges shall be paid in association with the required building pennit, to be applied for and reviewed in confonnance with local building codes upon approval of this Conditional Use Pennit; (I) Sewer service will be provided by the City ofChula Yista (not a private system). There is no requirement for local health official approval. Confonnance to Setbacks Chula Yista Municipal Code (CYMC) Section 19.58.020(B)(l) (Uses) allows single-story detached accessory buildings to encroach into the required setbacks"... iflocated in the rear 30 percent of the lot, or back ofthe !Tont 70 feet ofthe lot." Conversely, SectionI9.24.100 (R-I zone) specifies ".. .no dwelling unit maybe constructed closer than three feet to any side property line..." The site plan for the existing garage/workshop indicates a five-foot setback !Tom the side property line, and eight feet !Tom the rear lot line. Although the applicant initially proposed an addition to the existing garage that maintained the eight-foot setback, staff required that the addition be relocated away from the rear lot line to satisfy Section 19.24.120 that requires single-story structures not occupy more than 30 percent of the rear yard area. The subject property is 6,639 square feet in size and is located in the R-l zone. The rear yard is adjacent to a nonresidential zone on which an existing structure with a tall solid wall is at or near the rear property line of the subject property. The proposed accessory unit will be located in the rear yard behind the existing dwelling where it is subject to rear yard, side yard and on-site building seh:'cks. Staff visited the site and identified residential uses on the neighboring properties to the nwth ami south. There are no residential uses near the proposed second unit. The structures nearest Ii' ! I". property lines of the project site includc a detached accessory structure to the n01ih and a c " y creial building to the west. CO'.'CLUSION: The proposed 906 accessory second unit satisfies State Government guidelines for accessory second. Howcver, the City's adopted ordinance limits the size to 650 square feet. The Planning Commission denier' the application citing the garage conversion violation and the oversized unit. The applicant had c'.)melied the garage back, but wants the large unit. Staff recommends that the applicant reduce !Js-- Page 5, Item: Meeting Date: 04/23/03 the size of the proposed unit to no more than 700 square feet. Staff believes that this proposal is reasonable given the reduction of the proposed unit and the fact that off-street parking will be provided. The project would provide needed affordable housing and not impact the neighborhood. Staff recommends approval of the application in accordance with the findings and conditions of approval in the attached Planning Commission Resolution PCC-02-13. Attachments I. Locator Map 2. Resolution PCC-02-13 3. Evidence of Cleared Violation 4. 6/12/02 Planning Commission Minutes J:\Planning\Michael\PCC Reports\PCC-02-20 ~ 0 ~\~ ~ \ t:.t:.1 "v:.' '311' -\ \ ,~ ATTACHMENT 1 --- \ , ~--- ~ ~ /' C HULA VISTA PLANNING AND BUILDING DE PARTM E NT LOCATOR PROJECT DANIEL CONTRERAS PROJECT DESCRIPTION: C) APPLICANT: CONDITIONAL USE PERMIT PROJECT 736 CHURCH AVENUE ADDRESS: Request: Proposed 477 square feet addition of two SCALE: bedrooms to the existing 811 square feet two car F'LE NiJMBER: garage which was used as a workshop in the past. NORTH No 8::319 F'CC-02-13 h'\horne\planning\locatocs\PC:C0213 cdr 9/28/01 f;:f- / RESOLUTION NO. PCC 02-13 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT, PCC-02-13, FOR AN ACCESSORY SECOND UNIT LOCATED BEHIND AN EXISTING SINGLE-FAMILY DWELLING AT 736 CHURCH AVENUE, IN COMPLIANCE WITH STATE GOVERNMENT CODE REGULATIONS 65852.2 (B)(l)(A}-(I). WHEREAS, a duly verified application for a conditional use permit was filed with the City ofChula Vista Planning Department on September 18, 2001, by Daniel Contreras; and WHEREAS, said applicant requests a conditional use permit for an accessory second dwelling unit for an existing structure located at 736 Church Avenue. The second unit will be remodeled and expanded to include: two bedrooms, one bathroom, a dining room and living room, for a total of 906 square feet of living space in compliance with the provision found in the State Government Code; and WHEREAS, the Environmental Review Coordinator, in compliance with the California Environmental Quality Act (CEQA) has concluded that this project is a Class 3(a) categorical exemption ITom environmental review (CEQA Section 15303 (a), new construction and location of limited numbers of new, small facilities or structures); and WHEREAS, the Planning Director set the time and place for a hearing on said conditional use permit 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 300 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 April 23, 2003, at 6:00 p.m. in Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, after considering all reports, evidence, and testimony presented at said public hearing with respect to the conditional use permit application, the Planning Commission voted to approve the conditional use permit; and WHEREAS, the Planning Commission of the City of Chula Vista does hereby make the findings required by the City's rules and regulations for the issuance of conditional use pennits, as herein below set forth, and sets forth, there under, the evidentiary basis that permits the stated finding to be made. I. That thc proposed use at this location is nccessary or desirablc to providc a service or facility which will contribute to the general well being of the neighborhood or the community. The requested use will take place within an eXlstmg single-family residential neighborhood. The state legislation declares that accessory second units are a valuable f form of housing in California, providing housing for family members, students, the elderly, in-home health providers, the disabled, and others, at below market prices within existing neighborhoods. Accessory second units help to ameliorate a community and region-wide problem of providing an adequate supply of affordable housing and does not adversely impact the neighborhoods in which they are located. 2. That such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The proposed accessory second unit will not have a detrimental impact upon the surrounding residential neighborhood. The accessory unit will be architecturally integrated in terms of design, building materials and colors used with the existing dwelling. The accessory second unit will be located in the rear yard behind the existing dwelling where it will be screened from public view. In addition, the unit will be constructed in conformance with the Uniform Building Code. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The conditional approval of PCC-02-13 requires compliance with all conditions, codes and regulations, as applicable, prior to the final issuance of any permit for or occupancy of any new building on the property. The Planning Commission finds that the request meets the requirements of the California Government Code relating to detached accessory second units as follows: (A) The accessory second unit is not intended for sale, but may be rented. (B) The lot is zoned for single-family use. (C) The accessory second unit will be constructed in conjunction with a primary single-family residence on the lot. (D) The accessory second unit is detached and will be located on the same lot as a single-family residence. (E) The total area of the accessory second unit does not exceed 1,200-sq. ft. (F) The accessory second unit meets local requirements related to height, setback, lot coverage. architectural review, site plan review. fees, charges, and other zoning requirements generally applicable to the zone. (G) The accessory second unit project meets local building code requirements for detached dwellings, as appropriate. 4. That the granting of this conditional use permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. This conditional use permit is in compliance with the General Plan, because Section 65852.2(b)(5) of the California Government Code provides that accessory second units are exempt from the existing or future General Plan and zoning density regulations. 0; WHEREAS, the Planning Commission of the City of Chula Vista grants Conditional Use Permit PCC-02-13 subject to the following conditions required to be satisfied by the applicant and/or property owner(s): Planning & Building Department I. The project plans including the site plan, floor plan and exterior elevations shall be revised to show a 700 square foot maximum accessory second unit, which shall include the existing 408 square foot workshop. Said plans shall be reviewed by the Planning Department prior to submitting for building permits. 2. The portion of the driveway in front of the garage shall be kept cleared, and the garage shall be accessible for vehicular parking. 3. The Applicant shall obtain a building permit in compliance with the 2001 California Building, Plumbing, Electrical and Mechanical Codes, and the 2001 Energy requirements. 4. Building plans (construction documents) that include proposed colors and materials shall be submitted in conformance with the conceptual plans and elevations to ensure that the accessory second unit will be architecturally compatible with and/or match the primary single-family dwelling. Said plans shall be kept on file in the Planning Division, in compliance with the conditions contained herein and Title 19 of the CVMC, subject to the approval ofthe Planning and Building Director. Engineering Department 5. The Applicant shall pay the following fees as required based on the final building plans submitted: sewer capacity fee based on all new construction or additional plumbing fixtures; and traffic signal fees based on the difference between the existing and proposed use. Public Works Department 6. The Applicant shall be responsible for removing and replacing the raised portion of the sidewalk (area marked in white). Sweetwater Authority 7. Prior to the issuance of a building permit, the Applicant/owner shall obtain a letter stating fire flow requirements trom the Chula Vista Fire Department and submit the letter to the Sweetwater Authority. Chula Vista Elementary School District 8. Prior to the issuance of building permits, the Applicant shall pay all appropriate school fees. /0 Standard Conditions 9. The conditions of approval for this permit shall be applied to the subject property until such time that the conditional use permit is modified or revoked, and the existence of this use permit with approved conditions shall be recorded with the title of the property. Prior to the issuance of the building permits for the proposed unit, the applicant/property owner shall provide the Planning Division with a recorded copy of said document. 10. The accessory second unit shall be connected to the existing sewer lateral, or the other existing utilities such as water, electricity, gas, cable, etc. for the main dwelling using the same address. II. This conditional use permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. 12. This conditional use permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. 13. Any deviation trom the above noted conditions of approval shall require the approval of a modified conditional use permit. 14. The Applicant/owner shall and does hereby agree to indemnify, protect, defend and hold harmless City, its City Council members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fess (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non,discretionary, in connection with the use contemplated herein, and (c) Applicant's installation and operation of the facility permitted hereby, including, without limitation, ant and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this Conditional Use Permit where indicated below. Applicant's/operator's compliance with this provision is an express condition of this Conditional Use Permit and this provision shall be binding on any and all of applicant's/operator's successors and assigns. 15. Execute this document by making a true copy of this Jetter of conditional approval and signing both this original letter and the copy on the lines provided below, said execution indicating that the property owner and applicant have each read, understood and agreed to II the conditions contained herein, and will implement same. Upon execution, the true copy with original signatures shall be returned to the Planning Department. Failure to return the signed true copy of this document shall indicate the property owner/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Signature of Property Owner of 736 Church Avenue Date Signature of Representative Date 16. It is the intention of the Planning Commission that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms. provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION does hereby approve Conditional Use Permit PCC-02-13 in accordance with the findings and subject to the conditions contained in this resolution. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 23rd day of April, 2003, by the following vote, to-wit: AYES: NOES: ABSTAIN: Russell Hall, Chair ATTEST: Diana Vargas, Secretary /~ ATTACHMENT 3 ~ t3 ATTACHMENT 4 MINUTES OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA 6:00 p.m. Wednesday, June 12, 2002 Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista ROll CALU MOTIONS TO EXCUSE: Present: Chair O'Neill, Commissioners Castaneda, Hall, Cortes, Thomas, Willett McCann Jim Sandoval, Assistant Director of Planning and Building John Schmitz, Principal Planner Caroline Lewis, Planning Technician III Elizabeth Hull, Deputy City Attorney II Absent: Staff Present: PLEDGE OF ALLEGIANCE/SILENT PRAYER INTRODUCTORY REMARKS: Read into the record by Chair O'Neill APPROVAL OF MINUTES: MSC (Willett/Cortes) (6-0-1-0) to approve minutes of May 8, 2002 as submitted. Motion carried. ORAL COMMUNICATIONS: No public input. 1. PUBLIC HEARING: ZA V 02-06; Appeal of the Zoning Administrator's decision of - January 23, 2002 to deny a request to exceed the maximum floor area ration and to encroach into the required rear and side yard setbacks of the R2T Zone. Applicant Conrado Cabal bag. Staff recommends public hearing be opened and continued to July 10,2002. MSC (CortesiThomas) to continue public hearing to July 10, 2002. Motion carried. *" 2. PUBLIC HEARING: PCC 02-13; Conditional Use Permit to permit an existing second dwelling unit at an accessory second dwelling unit behind the primary single-family residence at 736 Church Avenue. Applicant Daniel Contreras. Background: John Schmitz. Principal Planner reported that this item was continued from the May 8th Planning Commission meeting to allow staff tile opportunity to relay to Mr. Contreras, who was not present at that meeting, the Commission's concerns and position, which was that they Jre nut interested in dpproving or further considering the request until the garage was returned to its original condition as a parking area. !;5 1,/ Planning Commission Minutes - 2 - June 12, 2002 Staff met with Mr. Contreras twice since that meeting and he expressed a desire to explain his proposal to convert the garage/workshop area into the accessory unit in phases. Public Hearing Opened 6:13. Daniel Contreras, 334 Bay Leaf Drive, Chula Vista, stated he understood the Commission's concerns and directive to first convert the garage to its original use, however, he indicated that he would like to obtain one building permit to do all of the work together phasing the work in three stages, with the garage conversion in the second phase. Pandra Boyle, 739 Church Avenue, Chula Vista, spokesperson for the area neighborhood stated they collectively oppose the proposal based on their disagreement with staff's interpretation of the State law with respect to size. She further stated that although Mr. Contreras has stated that he wants to rectify a pre-existing violation, she indicated that the violations were created by him after he bought the property. She, once again, urged the Commission to deny this proposal. The Commission requested that Mr. Contreras address the Commission once again in order to respond to Mrs. Boyles' statement that he did the illegal conversion. Mr. Contreras denied the allegations and stated that the violations were in existence when he bought the property. Public Hearing Closed 6:33 Commission Discussion: Chair O'Neill emphasized the need to expedite the enactment of a City Ordinance on Accessory Units, and stated that in the absence of one, although State law allows up to a 1,200 sf accessory unit, in his opinion, this proposal is too large, and, in fact, the secondary unit as proposed is larger than the primary unit. Commissioner Castaneda stated that he concurs with Chair O'Neill's assessment of the project, and in his opinion the size of the project is incompatible with the characteristic of the surrounding neighborhood, therefore, he cannot make the necessary findings for approval. Commissioner Thomas stated that he cannot make the necessary findings for approval because he bel ieves the project as proposed is too large and therefore incompatible with the neighborhood. Commissioner Cortes stated that it is regrettable that there appears to be irreconcilable disputes with the neighbors and reminderl the Commission that Mr. Contreras has been attempting, for some time now, to bring resolve to the pre-existing non-conformance -#! I S- Planning Commission Minutes - 3 - June 12, 2002 issues in order to be able to move forward with his proposal. He further stated that he believes the proposal merits further consideration and approval. Commissioner O'Neill stated that he is willing to give the applicant the benefit of the doubt as it relates to the conversion being in existence when he bought the property. The reality is that the property is what it is today and the project as proposed is too large for the surrounding neighborhood. He further stated that it behooves the applicant to address the size issue and consider scaling back the project because he would not like to mislead the applicant into thinking that if the garage conversion issue is taken care of, his proposal, as currently designed, would be approved. MSC (Castaneda/Thomas) (5-0-1-1) that the Planning Commission direct staff to come back with a resolution of denial of the project based on the Commission's inability to make the necessary findings for approval because the property has not been brought into conformance and the unit, as proposed, is characteristically incompatible with the surrounding neighborhood, and would have a detrimental affect on the General Plan and the quality of life within the Single Family neighborhood. Motion carried with Commissioner Cortes abstaining. I I ~/6 / ."j May 5, 2003 ~.f~t ~~ U j# I~ ~ Iii i MAY ~t< t003 'lJ I", I "---......_, L_~~ PlANNING ~.....~..,~--.--_.- Dear Planning Commission Members, We the undersigned are opposed to the approval of the conditional use permit for 736 Church Avenue which is currently before the planning commission by Mr. Daniel Contreras. The proposal Mr. Daniel Contreras has put before you has the same number of square feet that the planning commission has already voted to deny on July 10, 2002 due to the fact that structure is too large for the neighborhood and would be incompatible. We agree that the structure is too large and that parking will again be a problem. We respectfully request that you deny Conditional Use Permit PCC-02-l3. Signature -. / / Address Printed Name ,~ v I,' - U~. . / I ,,"', -/ / 0' - ) cti -.:, \J...Gl...V\ (, (' C)~ t!. f{/JA'a.... (; I &( S/':110 ;:..cJ <L F ~( 7'/ Y It:' t! /c-;;JI <L- t~,.L tL. I"c{ "/1// c) " -1 ~ J- .:..-hv,-.:;....h t:.,-vL rn.~)! c:- L,~ C,\ t C"1tD V'\ t:./A"/j c:t)i2'!(rr) ')'v""t C',! . Tv.. I l\r'JLs."-. 'i-' ,~(.t' t1 It'. L" k'LI./:1:ili /.... :,.~,t6\. t I.. /,11..~r',,1 1/ /1/ ,'/;./-i'~) ~ v '.. . .5 (i'l [,m<;'1 ie. . ' L' ........- .~ -. . ,- I:::'" f "" S I 7 May 5, 2003 Dear Planning Commission Members, We the undersigned are opposed to the approval of the conditional use permit for 736 Church Avenue which is currently before the planning commission by Mr. Daniel Contreras. The proposal Mr. Daniel Contreras has put before you has the same number of square feet that the planning commission has already voted to deny on July 10, 2002 due to the fact that structure is too large for the neighborhood and would be incompatible. We agree that the structure is too large and that parking will again be a problem. We respectfully request that you deny Conditional Use Permit PCC-02-B. Signature Address Printed Name ^"'. If PLANNING COMMISSION AGENDA STATEMENT Item: 2- Meeting Date: 05-14-2003 ITEM TITLE: Public Hearing: Consideration of a Conditional Use Pennit, PCC-03-48, for Cingular Wireless to construct an unmanned cellular communications facility at Hilltop Baptist Church 740 Hilltop Drive. Cingular Wireless is requesting permission to construct and operate an unmanned cellular communications facility at 740 Hilltop Drive, at Hilltop Baptist Church. The project will consist of one 47-foot 6 inch monopalm and a 6 foot high wall enclosure. The project will be integrated with the existing facilities on the site in color and architecture. The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed project qualifies for a Class 3 categorical exemption pursuant to Section 15303 of the State CEQA Guidelines. Thus no further environmental review is necessary. RECOMMENDATION: That, based upon the findings offact, the Planning Commission adopt the attached Resolution PCC-03-48, to authorize a Cingular Wireless facility at Hilltop Baptist Church. DISCUSSION: 1. Site Characteristics The project site is located at Hilltop Baptist Church at 740 Hilltop Drive. The 2.70-acre parcel is zoned single-family residential-R-l. Hilltop Baptist Church is bordered by Hilltop Drive to the east, J Street to the north, L street to the south and First A venue to the west. Two additional telecommunications carriers have facilities at this site. The proposed facility will match the existing facilities on the site, which consist of monopalms and several live palms. The equipment for the proposed facility will be contained within a wall enclosure affixed to one of the existing equipment shelters. 2. General Plan, Zoning and Land Use The project is located in the single-family residential zone-RI, and has a General Plan Land Use Designation of Residential Low Medium (RLM). / Page 2, Item: ~ Meeting Date: 05-14-2003 The following table specifies the types ofland uses surrounding the project site: General Plan Zoning Current Land Use Site: RLM R-I Hilltop Baptist Church North: RLM R-l Single-Family Residential South: Park R-l Hilltop Park East: PQ R-I Hilltop Middle School West: RLM R-I Single-Family Residential The purpose of the R-I Single-Family Residential Zone is intended to provide communities primarily for single-family detached homes and the services appurtenant to. 3. Proposal Cingular Wireless proposes to construct an unmanned cellular communications facility at Hilltop Baptist Church- 740 Hilltop Drive. This project will be designed to match the existing monopalms on the site. The proposed equipment enclosure will be integrated with the existing equipment shelters and will match in color and design. The proposed 47-foot 6-inch monopalm would support twelve antennas. The antenna height would be approximately 40-feet, measured from ground level to the top of the antennas. In lieu of a third equipment shelter, a wall enclosure integrated into one of the existing shelters is proposed to house the necessary equipment. The proposed wall enclosure will be a 6-foot high block wall and will be affixed to the existing 10- foot high equipment shelter. The applicant will also provide additional landscaping around the facility to help create a buffer between the facility and the surrounding properties. In addition to the live palms, the applicant will provide a screen of landscape along the chain link fence to the north of the site, as well as several flowering plants surrounding the facility on site. ANALYSIS: In accordance with Section 19.89 (Wireless Telecommunications Facilities) of the Chula Vista Municipal Code, conditional use penn its are required for all wireless telecommunication facilities. The proposed site is zoned Single-Family Residential and has a height limitation of35 feet. Due to the fact that the proposed 47 foot 6 inch facility exceeds the height limitation of the SFR zone a public hearing is required. ...L Page 3. Item: Meeting Date: 05-14-2003 The applicant has provided mappings of the existing and improved coverage area of this site to demonstrate that the proposed facility would fill a gap in wireless communication service in the Hilltop area. (Attachment 4) In order to keep the number of new poles and structures to a minimum. the city encourages applicants of wireless communications facilities to co-locate with other companies whenever possible. While none of the existing facilities at this site provide the applicant an opportunity to add antennas, this proposal will reduce the impact that a new site may potentially have. As evidence that the proposed third wireless facility on this site will not result in harmful effects, the applicant provided with their application a radiation impact study from Jerrold T. Bushberg Ph. D., DABMP, DABSNM of the Health and Medical Physics Consulting firm. The report states that the cumulative affect of the three facilities are below the FCC exposure limits for radio frequency fields. (Attachment 5) Through collaboration with staff, the applicant has proposed to affix the wall enclosure to one of the existing equipment shelters in lieu of a separate detached equipment shelter. The site currently supports two detached equipment shelters. The addition of a third detached accessory structure would not integrate well with the existing built environment and would have a negative visual impact on the site. The proposed additional landscaping will further help to create a buffer between the subject site and the surrounding area. Staff believes that the findings can be made to grant PCC-03-48 for the following reasons: I. The proposed use is necessary or desirable to provide a service or facility, which will contribute to the general well being of the neighborhood or the community. The proposed project is desirable as it will increase public convenience by improving wireless communication service in the western portion of Chula Vista. The proposed use will be constructed to match the existing landscape in form and character. The proposed use will not interfere with any existing activities or conveniences of the general public and will contribute to the general well being of the community by ensuring uninterrupted cellular service in the Southbay area. 2. The use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity . Accessibility to clear and reliable communications, which can continue to function in the event of an emergency or natural disaster, may help to enhance the general health, safety, and welfare of the citizens ofChula Vista. The proposed antenna use will not be detrimental to the health, safety or general welfare to the surrounding residents or general public. The Federal Communications Commission regulates the radio frequency emissions of the 3 Page 4, Item: Meeting Date: 05-14-2003 antennas and the facility will comply with those standards. In addition, the proposed monopalm cluster and wall enclosure will not create a negative visual impact as it will conform to the existing environment and landscape. 3. The proposed use will comply with the regulations and conditions specified in the code for such use. The proposed use will comply with the conditions of the Conditional Use Permit, PCC-03-48 as approved by the Planning Commission. All necessary permits from the City to install, operate. and maintain the facility will be obtained. 4. The granting ofthis conditional use permit will not adversely affect the general plan of the city or the adopted plan of any governmental agency. The proposed use is consistent with the general plan of the city. The proposed cellular facility will help accommodate the communication needs of a large portion of the Southbay community, as well as the western portion of the City. It is a passive use and therefore will not adversely affect the policy and goals of the General Plan. Issuance ofa Conditional Use Permit will be in compliance with all municipal codes, if compliance with the attached conditions of approval occurs. CONCLUSION: It is the goal ofCingular Wireless to provide sufficient cellular service throughout Chula Vista. This location in the western portion ofChula Vista will help Cingular achieve this goal. Therefore, staff recommends approval of the proposed conditional use permit in accordance with the attached Planning Commission Resolution. Attachments 1 . Locator Map 2. Photo Simulation of Proposed Project 3. Project Application and Plans 4. Existing and Improved Coverage Maps 5. Bushherg Co-location Study 6. Planning Commission Resolution J :\Planning\Lynnette\administrative review\PCC-03-48 Staff Report.doc y , , HILLTOP JUNIOR HIGH SCHOOL ct CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C) APPLICANT: CINGULAR WIRELESS CONDITIONAL USE PERMIT PROJECT Request: Proposal to construct, operate and maintain ADDRESS: 740 HILLTOP DRIVE a telecommunications facility. The project will consist SCALE. FILE NUMBER: of panel antennas facade mounted to a new 45' high NORTH No Scale PCC-03-48 monopalm that matches the existing carriers on site. c:\cherrylc\locators\1 ocators03\pcc0348. cd r 03.25.03 tV r/I/;c/) 1/ h/r/ ! , ':co .~ ~ 'i1 ~ ~!f? -.- ~~...,.;.- Development Processing Application Form - Type A Page One CITY OF CHULA VISTA Planning & Building Department Oi~~ 276FourthAvenue (6]9)691-5]01 I TYPE OF REVIEW REQUESTED (Check One) I II!f Condlftonal Use Permft [staff use only) Case No.: Pu:. - 0 ~-'1'i1. Filing Date: 11.-- \,0-'0__ By: \..:"\ D Vartance Assigned Planner: lUe\..l\c..~ Receipt No.: 01.- <>01'K 45::) D Design Review Project Acct: M.. - 10 ~ 8 D Special land Use Permit (Redevelopment Areas Only] Deposft Acct: . N~jA_ Relat~ases: D Miscellaneous: ZA ciPubl,c Heartng I APPLICANT INFORMATION I Applicant Name Phone No. Cingular Wireless 760-715-8703 Applicant Address 6170 Cornerstone Court, # 180, San Diego, CA 92121 I Applicants Interest In Praperty If applicant Is not owner, owne~s authorization DOwn ~ lease D In Escraw D Option to purchase Is required to process request. See signature on Page Two, Archftect/Agent Phone No. I Plan Com, Inc. Krystal Patterson 760-715-8703 I Archftect/Agent Address I 302 State Place, Escondido. CA 92029 I GENERAL PROJECT DESCRIPTION (for all types) I Praject Name Proposed Use , SD864-01 Hilltop Baptist Church Wireless Communication Facility ! General Description of Proposed Project (Please use Appendix A to prCNlde a full description and justltlcatJon for the project] The project proposes to install 12 antennas on a new 47'-6" high monopalm. Please see the attached Project Description and Justification. Has a representattve attended a Pre-Application Conference to discuss this project? It SO. what was the date? Un/.) Pre-App No.: NI A I i? 02._ n I (", SUBJECT PROPERTY INFORMATION (for all types) " LocatiOn/Street Address 740 Hilltop Drive Assessors ParcerNo, TotalAcrea~e RedeVeloPlent Area [It oppllcot>el 574-281-41 ' ~O \\ A.- v '- I curre~enercJT'PrcJnLJeslgncruon \..-urrent Lone Designation Planned Cornmunl1y [~ oppllcoble) I ~l.-m R-l {\IN [currenrroncruse Is this In Montg,r;nerv S.P.? Church If\. i( FORM A-DEV PI. (PAGE 1 OF 2) 12/99 Id-. " ,/J!hd1Yl-!/)f 3 --., CITY OF CHULA VISTA Planning &: Building Department 276 Fourth Avenue (619)69]-5101 Development Processing Application Form Page Two Istoff use only) Case No.: PROPOSED PROJECT (all types) I Type at Use Proposed o Residential OComm. Olnd. !!!1Other Landscape Coverage [% of Lot) Building Coverage (% of Lot) RESIDENTIAL PROJECT SUMMARY Type at Dwelling Unlt(s) Number at Lots No. of Dwelling Units Proposed Exlsffng Parking Spaces Total Off-street Required by Code: Provided: Open Space Descnpffon (Acres each of prtvate. common. and landscaping) NON-RESIDENTIAL PROJECT SUMMARY ross oor eo s Proposed Existing No change proposed Hours at Operation IDays & Hours) Unmanned cell site - 24 hours/7 days per week Anffclpated Total # Employees None Parking Spaces Required Spaces Provided None - Unmanned cell site None ren ~ opplcablel Krystal Patterson, Plan Com, Inc Pnnt Applicant or Agent Name Print Owner Name apac ~ Ia-~,O'd- Date Date Owner Signature * (Required If Applicant Is not CNmer) * Letter of owner consent may be used In lieu of signature. FORM A PAGE 2 OF 2 11/99 13 ~\~ ~~--: - - --- Planning & Building Department Planning Division - Development Processing 276 Fourth Avenue, Chula Vista, CA 91910 (619) 691-5101 CT1Y OF CHUIA VISIA Application Appendix "A" PROJECT DESCRIPTION AND JUSTIFICATION PROJECT NAME: SD864-01 Hilltop Baptist Church APPLICANT NAME: Cingular Wireless Please describe fully the proposed project, any and all construction that may be accomplished as a result of approval of this project and the project's benefits to yourself, the property, the neighborhood and the City of Chula Vista. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. For all Conditional Use Permits or Variances, please address the required "Findings" as listed in listed in the Application Procedural Guide. Description & Justification. See the attached Project Description and Justification l'f Appendix B THE CITY OF CHULA VISTA DISCLOSURE STATEMENT You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having financial interest in the property which is the subject of the application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier. Cingular Wireless Hilltop Baptist 2. If any person- identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. N/A 3. If any person- identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. N/A 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve months? Yes _ No ~ If yes, please indicate person(s):. 5. Please identify each and every person, including any agents. employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. PlanCom. Inc. 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No ~ If yes, state which Councilmember(s): Signat re of contractor/applicant Krystal Patterson, Plan Com, Inc. Print or type name of contractor/applicant Date: (NOTE: ATTACH ADDITIONAL PAGES AS NECESSAR GlsLo "?r * Person is defined as: "Any individual, firm, co-purtnership, joint venlure, as:,uciatiun. sucial club,frearernal organization. COlporatlOn. estare, trust. receiver, syndicate. this and any other county, cirv and couf/try, eitv municipality, district. or other politica! subdivision, or anv other group ur combination acting us a unit. ., Ir :.: c i n 9 u I a r ,. WIRELESS PROJECT DESCRIPTION PROPOSAL TO ESTABLISH AND OPERATE A NEW DIGITAL PCS COMMUNICATIONS FACILITY SD-864-01 Hilltop Baptist Church 740 Hilltop Drive Chula Vista, CA 91910 Prepared for: City of Chula Vista Department of Planning 276 Fourth Avenue Chula Vista, CA 91910 Prepared by: PlanCom, Inc. Contractor Representatives for Cingular Wireless 302 State Place Escondido, CA 92029 (760) 715-8703 Contact: Krystal Patterson, Planning Consultant November 25, 2002 Project Description (SD-864-01) 11/25/2002 /(, Page 1 --..., :~< ci ngu la r" WIRELESS INTRODUCTION Cingular Wireless (CW), a.k.a. Pacific Bell Mobile Services, was established in 1994 as the wireless subsidiary of Pacific Bell. CW is a registered public utility and is developing an all-digital wireless network throughout California and Nevada. In March of 1995, CW was issued a license by the Federal Communications Commission (FCC) for the provision of Personal Communications Services (PCS). In November of 1996, CW formally unveiled its San Diego PCS Market to officially launch the first PCS service to the residents of the State of California. Since the initial market launch of CW's "Pure Digital PCS" network, design engineers at CW have had the opportunity to assess network performance and quality vis-a-vis real market data and conditions. At present, ON is experiencing both capacity and coverage deficiencies in the vicinity of the subject site. In an effort to respond to these network needs and to ensure customer satisfaction, ON is seeking approval from the City of Chula Vista for a new site at Hilltop Baptist Church. BACKGROUND PCS is a rapidly evolving digital technology that is changing the future of telecommunications through easy-to-use, lightweight, and highly mobile communications devices including: portable phones, pagers, computers, and personal digital assistants. PCS provides voice and data capabilities for customer's communications needs virtually anywhere and at any time. The PCS network being developed by CW differs from typical cellular networks in that it uses state of the art digital technology versus traditional analog cellular systems, which have been in use since the early 1980's. The benefits include an eight-fold increase in channel capacity, call privacy and security, improved voice call quality and an expanded menu of affordably priced products and services for personal and professional communications needs. The PCS network is designed for much broader consumer application. In addition to providing users with the convenience and benefit of "virtual office" capabilities, PCS will serve to enhance personal safety and security. With the PCS network in place, individuals wJII have the ability to communicate during emergency situations and/or when circumstances preclude them from utilizing a conventionallandline telephone. The wireless industry has undergone tremendous growth worldwide. Studies indicate that by the end of 1999 there will be over 122 million wireless subscribers in over 125 countries throughout the world, and that by 2003 nearly one out of every two individuals in the United States will be utilizing some form of wireless device. Project Description (SD-864-01) 11/25/2002 /1 Page 2 :;: cingular" WIRELESS SITE CHARACTERISTICS The proposed property is located at 740 Hilltop Drive just north of Telegraph Canyon. The underlying zoning of the proposed site is R-1 (Single Family Residential). Currently the sites use is Hilltop Baptist Church and existing Nextel & Sprint telecommunication facilities. The area surrounding the proposed project consists of the following: North: South: East: West: Residential Church Park Park PROJECT OVERVIEW Cingular Wireless is proposing to construct, operate, and maintain a telecommunication .lacility.__.:(he project will consist of ten (12) panel antennas fa<;ade mounted to a new '~5' hi9!Lmonopalm that matches the existing carriers on site. Please see the enclosed site plans, elevations, and photosimulations for more detail. Please see the site plan for a more detailed representation of the antenna location. The supporting equipment will consist of the following: four (4) self-contained, all- weather Base Transceiver Station (BTS) cabinets, one (1) electric meter panel, and one (1) telephone interface. Each of the BTS units will measure approximately 51" wide x 28" deep x 63" tall, and will contain the electronic equipment necessary to operate the facility. The equipment will be located within an equipment shelter adjacent to the monopalm. The specific location and design of the proposed facility is illustrated in further detail on the site plan and elevation drawings. OPERATIONAL OVERVIEW The FCC has allocated a portion of the radio spectrum to CW for the provision of PCS. The proposed communications facility will transmit at a frequency range of between 1850 MHz and 2100 MHz. The power required to operate the facility typically does not exceed 200 watts per channel, and thus, the CW facility is by design a low-power system. Depending upon characteristics of the site, the actual power requirements may be reduced. When operational, the transmitted signals from the site will consist of non- ionizing waves generated at less than one (1) microwatt per square centimeter, which is significantly lower than the FCC standard for continuous public exposure of 900 microwatts per square centimeter. Project Description (SD-B64-01) 11/25/2002 l'l Page 3 :;: cingular'. WIRELESS Once constructed and operational, the communications facility will provide 24-hour service to its users seven (7) days a week. Apart from initial construction activity, the facility will be serviced by a ON technician on an as-needed basis. Generally, this is likely to occur once per month during normal working hours, though much of the operational adjustments may be handled remotely by computer. Beyond this intermittent service, CW typically requires 24-hour access to the facility to ensure that technical support is immediately available if and when warranted. SITE SELECTION CW engineering, planning, and leasing staff have been working to improve, enhance, and expand the Pure Digital PCS network throughout the County of San Diego as well as to other underserved regions of southern California. Like existing cellular systems, PCS will employ a network of transmit/receive stations ("cell-sites") that carry and "hand-off" signals as the user moves from one area to another. As the user moves from one cell area (the area where a base station and antenna are located to receive and transmit calls) to the next, signals to and from the first cell site fade while those to and from the next cell site strengthen. Sophisticated computer systems sense these signal variations and automatically hand the signal off to an available channel as the user moves between cell areas. The network of PCS cell sites throughout the region is "Iocational dependent", meaning that there is a necessary and logical interrelationship between each cell site. Eliminating or relocating a single cell site can lead to gaps in the system or areas where a continuous signal cannot be maintained, and may necessitate significant design changes or modifications to the PCS network. PROJECT JUSTIFICATION As noted, Cingular Wireless is a public utility, licensed and regulated by the Federal Communications Commission (FCC) and informally by the State's Public Utilities Commission (CPUC), and authorized to develop and operate a new wireless, digital PCS network throughout California and parts of Nevada. CW engineers responsible for the overall design and operation of this new PCS network want to ensure that network coverage is available throughout the County of San Diego. The proposed site location is essential to meeting the network's current capacity and coverage needs in this area. At present, there is very little or no PCS network coverage to the roadways and homes located in this portion of the County of San Diego. The proposed facility is intended to address this need, and by design will interface with neighboring sites to provide high quality, consistent network operations to ON customers. Project Description (SO-864-01) 11/25/2002 /"'1 Page 4 ~ )(: cingular'. WIRELESS PLANNING/ZONING CONSISTENCY The location, size, design, and operating characteristics of the proposed communications facility will not create unusual noise, traffic, or other conditions or situations that may be objectionable, detrimental, or incompatible with other permitted uses in the vicinity. The following supports this determination: 1. The equipment associated with the communication structure operates quietly or virtually noise free. 2. The equipment does not emit fumes, smoke, dust, or odors that could be considered objectionable. 3. The communications facility is unmanned and only requires periodic maintenance, which equates to approximately one vehicle trip per month. Further, the proposed communications facility will not result in conditions or circumstances contrary to the public health, safety and welfare, in that: 1. The proposed PCS communications facility will operate in full compliance with the U.s. standards for radio frequency emissions as adopted by the FCC. 2. The radio frequency emissions emitted by the proposed PCS facility will fall within the portion of the electromagnetic spectrum, which transmits non- ionizing radio waves. Non-ionizing electromagnetic emissions, at the low levels associated with this type of wireless technology, are not harmful to living cells. Among the items that result in non-ionizing electromagnetic emissions are police/fire/EMS radios, television broadcasts, CB radios, microwave ovens, and a variety of common household electronics including garage door openers and baby monitors. Conversely, items that transmit ionizing electromagnetic emissions include ultra-violet light, medical x-rays, and gamma rays. 3. 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Ma s ~- --~.~- -=---::() Sf\ ' Cingular Wireless - February 2003 8D-864-01 Hilltop Baptist - Approximate Improved Coverage Exhibit .;;l,;), , JERROLD T. BUSHBERG Ph.D., DABMP, DABSNM IHEALTH AND MEDICAL PHYSICS CONSUL TlNG I 7784 Oak Bay Circle Sacramento, CA 95831 (916) 393-6168 Darrell W. Daugherty PLANcom Inc. 302 State Place Escondido, California 92029-1362 February 2 I, 2003 Dear Mr. Daugherty: At your request, I have reviewed the technical specifications and calculated the maximum radiorrequency, (RF), power density from the proposed Cingular Wireless (CW) wireless telecommunications site, (referenced as SD-864-01), to be located at 740 Hilltop Drive, Chula Vista, California as depicted in attachment 1. There will also be two other wireless carriers (Nextel and Sprint) that will be co-located on the same site as the CW facility. The other carrier's site design specifications are also depicted in attachment 1. The maximum cumulative RF exposure from all three carriers is provided in this report. This proposed CW telecommunication site will consist of a Personal Communications Services (PCS) wireless facility. The facility will utilize directional transmit panel antennae configured in three (3) sectors. The antennae are planned to be mounted on a mono-palm with their radiation center at least 38 feet above grade directed at 0 (sector A), 120 (sector B) and 240 (sector C) degrees true north. The antennas specified are EMS Wireless model #RV-65-18-00-DP for all sectors. Technical specifications of these antennae are provided in attachment two. The sectorized antennas are designed to transmit with an effective radiated power (ERP) of up to 800 watts per sector within a bandwidth between approximately 1,850 and 1,990 MHz. Calculations were made in accordance with the recommendations contained in the Federal Communications Commission, Office of Engineering and Technology Bulletin 65 (edition 97-01, page 24, equation 10) entitled "Evaluating Compliance with FCC-Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields." Several assumptions were made in order to provide the most conservative or "worse case" projections of power densities. Calculations were made assuming that all channels were operating simultaneously at their maximum design effective radiated power. Attenuation (weakening) ofthe signal that would result from surrounding foliage or buildings was ignored. Buildings can reduce the signal strength by a factor of 10 (i.e., 10 dB) or more depending upon the construction material. The ground or other surfaces were considered to be perfect reflectors (which they are not) and the RF energy was assumed to overlap and interact constructively at all locations (which they would not) thereby resulting in the calculation of the maximum potential ~3 1 . I 1l=J-4-;J;/MJs exposure. In fact, the accumulations of all these very conservative assumptions will significantly overestimate the actual exposures that would typica]]y be expected from such a facility. However, this method is a prudent approach that errs on the side of safety. The maximum public RF exposure from this CW facility was calculated to be less than 2.0 f.lW/cm2 (i.e., -0.2 % of the public safety standard at 1,850 MHz). Exposure details are shown in appendix A. Detail regrading the Nextel and Sprint facilities were not available but a conservative estimate of there RF exposure can be made from the site plans provided and my extensive experience analyzing similar RF site designs for these carriers. The maximum contribution to the ambient RF environment from the Nextel and Sprint facilities wi]] be less than 1% and 0.5% of the public safety standard respectively. Thus the ma:ximum cumulative exposure from all three carriers will be less than 1. 7% of the public safety standard A sign conforming to with ANSI C95.2 color, symbol and content should be placed close to the antennas with appropriate contact information in order to alert maintenance or other worke~s approaching the antenna to the presence ofRF transmissions and to take precautions to avoid exposures in excess of FCC limits. / The two most widely recognized standards for protection against RF field exposure are those published by the American National Standards Institute (ANSI) C95.1 and the National Council on Radiation Protection and measurement (NCRP) report #86. The NCRP is a private, congressionally chartered institution with the charge to provide expert analysis of a variety of issues (especially health and safety recommendations) on radiations of all forms. The scientific analyses of the NCRP are held in high esteem in the scientific and regulatory community both nationally and internationally. In fact, the vast majority of the radiological health regulations currently in existence can trace their origin, in some way, to the recommendations of the NCRP. All RF exposure standards are frequency-specific, in recognition of the differential absorption ofRF energy as a function of frequency. The most restrictive exposure levels in the standards are associated with those frequencies that are most readily absorbed in humans. Maximum absorption occurs at approximately 80 MHz in adults. The NCRP maximum allowable continuous occupational exposure at this frequency is 1,000 f.lW/cm2. This compares to 5,000 f.lW/cm2 at the most restrictive of the PCS rrequencies (-1,800 MHz) that are absorbed much less efficiently than exposures in the VHF TV band. The traditional NCRP philosophy of providing a higher standard of protection for members of the general population compared to occupationally exposed individuals, prompted a two-tiered safety standard by which levels of allowable exposure were substantia]]yreduced for "uncontrolled" (e.g., public) and continuous exposures. This measure. was taken to account for the fact that workers in an industrial environment are typically exposed no more than eight hours a day while members of the general popuJation in proximity to a source ofRF radiation may be exposed continuously. This additional protection factor also provides a greater margin of safety for children, the infirmed, aged, or others who might be more sensitive to RF exposure. After several years of evaluating the nationaJ and international scientific and biomedical literature, the members of the NCRP scientific committee selected 931 publications in the peer-reviewed scientific literature on which to base their ~y 2 recommendations. The current NCRP recommendations limit continuous public exposure at PCS frequencies to 1,000 f.L W/cm'. The current ANSI standard was developed by Scientific Coordinating Committee 28 (SCC 28) under the auspices of the Institute of Electrical and Electronic Engineers (IEEE). This standard, entitled "IEEE Standards for Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz" (IEEE C95.1-1991), was issued in April 1992 and subsequently adopted by ANSI in November 1992. The current A.1,,"SI/IEEE standard is similar to the current NCRP recommendation for public exposure at PCS frequencies (1,200 f.L W/cm') for continuous exposure and incorporates the convention of providing for a greater margin of safety for public as compared with occupational exposure. Higher whole body exposures are allowed for brief periods provided that no 30 minute time-weighted average exposure exceeds these aforementioned limits. On August 9, 1996, the Federal Communications Commission (FCC) established a RF exposure standard that is a hybrid of the current ANSI and NCRP standards. The maximum permissible exposure values used to assess environmental exposures are those of the NCRP (i.e., maximwn public continuous exposure at PCS frequencies ofI,OOO f.LW/cmz). The FCC issued these standards in order to address its responsibilities under the National Environmental Policy Act (NEP A) to consider whether its actions will "significantly affect the quality of the human environment." In as far as there was no other standard issued by a federal agency such as the Environmental Protection Agency (EP A), the FCC utilized their rulemaking procedure to consider which standards should be adopted. The FCC received thousands of pages of comments over a three-year review period from a variety of sources including the public, academia, federal health and safety agencies (e.g., EP A & FDA) and the telecommunications industry. The FCC gave special consideration to the recommendations by the federal health agencies because oftheir special responsibility for protecting the public health and safety. In fact, the maximwn permissible exposure (MPE) values in the FCC standard are those recommended by EPA and FDA. The FCC standard incorporates various elements of the 1992 ANSI and NCRP standards which were chosen because they are widely accepted and technically supportable. There are a variety of other exposure guidelines and standards set by other national and international organizations and governments, most of which are similar to the current ANSI/IEEE or NCRP standard, figure one. The FCC standards "Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation" (Report and Order FCC 96-326) adopted the ANSI/IEEE definitions for controlled and uncontrolled environments. In order to use the higher exposure levels associated with a controlled environment, RF exposures must be occupationally related (e.g., PCS company RF technicians) and they must be aware of and have sufficient knowledge to control their exposure. All other environmental areas are considered uncontrolled (e.g., public) for which the stricter (i.e., lower) environmental exposure limits apply. All carriers were required to be in compliance with the new FCC RF exposure standards for new telecommunications facilities by October 15, 1997. These standards applied retroactively for existing telecommunications facilities on September 1,2000. -lS- 3 The task for the physical, biological, and medical scientists that evaluate health implications of the RF data base has been to identify those RF field conditions that can produce harmful biological effects. No panel of experts can guarantee safe levels of exposure because safety is a null concept, and negatives are not susceptible to proof. What a dispassionate scientific assessment can offer is the presumption of safety when RF-field conditions do not give rise to a demonstrable harmful effect. PCS transmitters, by design and operation, are low-power devices. Even under maximal exposure conditions in which all the channels from al1 antennas, from al1 three carriers, are operating at full power, the maximum cumulative exposure from this co-location facility wil1 not result in RF exposures in excess of I. 7% of the public safety standard at any publically accessible location. A chart of the electromagnetic spectrum and a comparison ofRF power densities from v.arious common sources is presented in figures two and three respectively in order to place exposures from PCS telecommunications systems in perspective. It is important to realize that the FCC maximum al10wable exposures are not set at a threshold between safety and known hazard but rather at 50 times below a level that the majority of the scientific community believes may pose a health risk to human populations. Thus the previously mentioned maximum cumulative exposure from the site represent a "safety margin" from this threshold of potential1y adverse health effects of more than 2,940 times. Given the low levels of radio frequency fields that would be generated from this co-location facility, and given the evidence on biological effects in a large data base, there is no scientific basis to conclude that harmful effects wil1 attend the utilization of the proposed wireless telecommunications facility. This conclusion is supported by a large numbers of scientists that have participated in standard-setting activities in the United States who are overwhelmingly agreed that RF radiation exposure below the FCC exposure limits has no demonstrably hannfuJ effects on humans. These findings are based on my professional evaluation of the scientific issues related to the health and safety of non-ionizing electromagnetic radiation and my analysis of the technical specification as provided by CWo The opinions expressed herein are based on my professional judgement and are not intended to necessarily represent the views of the University of California. Please contact me if you require any additional infonnation. Sincerely, ~~'"'T'- ~~ Jerrold T. Bushberg Ph.D., DABMP, DABSNM Diplomate, American Board of Medical Physics (DABMP) Diplomate, American Board of Science in Nuclear Medicine (DABSNM) Enclosures: Figures 1-3; Attachments 1,2; Appendix A, and Statement of Experience. ;;:;...h 4 V:) ~ '....... \..) ~ c;u ;:s ~ ~ ~ 'N' ~ a a co ~ ........., ~ U ~ -...... \j ~ ~ ~ ~ \j r)) c;u ~ ;:s V:) a ~ ki b ~ ~ \..) ...... -..... ....t:::) ;:s ~ o o ~ ,.....,-\ o o N ?""'I o o o ?""'I o 0 o 0 00 \0 o o ~ o o N ~7 zUI~/SnUMOJJ!W ~~1! V-I; ** o~ ~/b ~~ ~~ ~ * lot} ~-1t ~ t},) ~lo ~ ~ ~~ 7-1"t} Q: ~t} lo~ 1? ~ ~ lo~ D ~0 o/~ '/) 00 ~~ '/) 4 ~k ~ '/) o '" " - ::r. ~ '" ~ " coo " "0 .." ; 'c - ~ - ... . . ~ ~ ~ .. ::: Cj ~ ; ;;.; E o "0 g' ~~ ~'? .S ~- i:= " c :JJCC-'';:1 o . . O~ " ... " ] === - " - " ~ - ":""'= :; E ~ E _ 0 ,-,u ~.:: -;:. u ... II:! ~.- :; ~ ....,"'" i.. ::: =:::.....: ~c ... Co) . . ;; "u -.::00 " " 'tj -= 0- "'..... 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'.- -:.ti"'~'-' "-~/ >>"':.("'":",; ,-;,... 4. . .L /';'?:f','<-::L -".7'~. .;~'!i7 ' ~:;:~W:j' . ~~-;:I ..:,.,.t" ...,., -~.).oI.h~" <f~" ..~- ...~.._~ ~....'t_ ....:. -' 1_ .. , ~.....;~~.. View of Proposed Project Location - Looking Southwest SD-864-01 Hilltop Baptist Church 3'7 Page 3 >', c\ngu\ar" WU''ElESS " View of Site Looking to Northeast \ \ , \ \ _.---~----- View of Site From Hi\\toP Ave. Looking southEast rage 4 3~ SD_864-0t Hilltop Baptist Church , c i n 9 u I a r ,. WIRELESS View of Site From J Street Looking South View of Site Looking Northwest from Hilltop Ave. 5D-864-01 Hilltop Baptist Church 3':1 Page 5 j< cingular" WUtElESS View of Proposed Cingular MonoPalm and Shelter Building To Match Existing SD-864-01 Hilltop Baptist Church '-f~ Page 6 Attachment 2 Antenna Specifications '-1-/ . . . VERTICAL PRODUCT DATA SHEETS EMS 'J;n.h',~,,,, RV65.18.XXDP Vertical Polarization 1850 MHz -1990 MHz , OptiRange'M Electrical Specifications Azimuth Beamwidth Elevation Beamwidth Gain Polarization Front-to-Back Ratio Electrical Downtilt Options VSWR Connectors Power Handling Passive Intermodulation Lightning Protection 650 60 17.5 dBi (15.4 dBd) Linear, Vertical ~ 28 dB (~30 dB Typ.) 00,20,40,6<1 1.35:1 Max 1; 7-16 DIN (female) 250 Wafts CW S -150 dBc [2 x 20W (+ 43 dBm)] Chassis Ground 2.75- .....' ............8.. J'-...................r . , "'- /\ ~ / I I I I I 56" I '- . , -, , l ;; .;~: ./ I'D 42" hi.:} . 1;;;;-1 ' / ~~N RF / CONNECTOR _I Rated Wind Velocity Equivalent Flat Plate Area Front Wind Load @ 100 mph (161 kph) Side Wind Load @ 100 mph {161 kph) Weight 56 in x 8 in x 2.75 in (142 em x 20.3 cm x 7.0 cm) 150 mph (241 km/hr) 3.1ft'(.29m') 90 Ibs (400 N) 31Ibs(139N) 18 Ibs (8.2 kg) Mechanical Specifications Dimensions (L x W x D) Mounting Options MTG-POO-10, MTG-S02-10, MTG-DXX-20', MTG.CXX-10', MTG-C02-10, MTG-TXX-10' Note: 'Model number shown represenls a series of products. See Mounting Options section for specific model number. Patterns ~'<r' 270' j;O' 210' ,70' . ~ ,. ~ .. .. Azjmuth Elevation 00 Downtll! Elevation 20 Downtilt Elevation 40 Downtilt Elevation 60 Downlill Revised 05/15/02 +1770.582.0555 exl5310. Fax +1770.729.0036 WW\N.emswireless.com VL Appendix A EMS Wireless Model # RV-65-l8-00-DP Reference Location: Ground Level Exposure Calculation AGL 6 ft. Radiation Center 38 ft. AGL Max ERP 800 Watts l,t3 -. - OJ OJ ... "'~ II " ~<tf. "... <tf. ~ ",'" "'~ ;>-'" " .... - " OJ ~ .... ~ '" " "'U o eo'" ~ .s OJ ... -;:: .~ 0-0 .~ c:: .:: ~ -0 " ~ I _______----~ I <=> <=> <=> \r> ~ ~ <=> <=> 0 o <=> <=> ~ .... -'- <=> <=> '<!' .... <=> <=> .... .... <=> <=> <=> .... ... " .;!. '" .~ <=> <=> .... <=> ~ <=> ~ .... <=> ~ <=> tJI7!/M-tJI . 4-"{ .. '" '" " ... '" " .... o " '" " :;;. o ... " " '" " -' ". 'p 4: '" " c '" 0- ~ <=> <=> ~ <=> <=> -<!' o <=> .... <=> <=> g o <=> ,;, ARL I 32 IMax gain: I 15.4 Max exposure: 10.001977841 mW/cm 2 Max ERP: 800 Ant type: EMS RV65-18-00DP Feet from site: 15 Feet to Depress Ant. base angle Radiation exposure level Antenna dB from Prop dist Act ERP gain max ERP in em in mW Level mW!cm 2 Precent of FCC STD 0 90.000 -10 -25.4 975.36 2307.2252 0.00127 tJ.12661 1 88.210 -8.4 -23.8 975.84 3334.9551 0.00183 0.18282 2 86.424 -10.3 -25.7 977 .26 2153.2278 0.00118 0.11770 3 84.644 -12.8 -28.2 979.64 1210.8490 0.00066 0.06586 4 82.875 -12.9 -28.3 982.95 1183.2867 0.00064 0.06393 5 81.119 -15.7 -31.1 987.19 620.9977 0.00033 0.03326 6 79.380 -17.1 -32.5 992.36 449.8731 0.00024 0.02385 7 77.661 -21.2 -36.6 998.42 175.0209 0.00009 0.00917 8 75.964 -20.4 -35.8 1005.38 210.4214 0.00011 0.Q1 087 9 74.291 -19.2 -34.6 1013.20 277.3895 0.00014 0.01411 10 72.646 -17.7 -33.1 1021.88 391.8231 0.00020 0.01959 11 71.030 -19.7 -35.1 1031.38 247.2236 0.00012 0.01213 12 69.444 -12 -27.4 1041.68 1455.7607 0.00070 0.07003 13 67.891 -9.9 -25.3 1052.77 2360.9674 0.00111 0.11120 14 66.371 -10.8 -26.2 1064.62 1919.0663 0.00088 0.08839 15 64.885 -7.2 -22.6 1077.20 4396.3270 0.00198 0.19778 16 63.435 -7.9 -23.3 1090.49 3741.8811 0.00164 0.16426 17 62.021 -7.7 -23.1 1104.45 3918.2306 0.00168 0.16768 18 60.642 -8.2 -23.6 1119.08 3492.1267 0.00146 0.14557 19 59.300 -8.8 -24.2 1134.33 3041.5152 0.00123 0.12340 20 57.995 -10.2 -25.6 1150.19 2203.3830 0.00087 0.08694 21 56.725 -13.1 -28.5 1166.63 1130.0300 0.00043 0.04334 22 55.491 -21.8 -37.2 1183.63 152.4369 0.00006 0.00568 23 54.293 -24.5 -39.9 1201.16 81.8634 0.00003 0.00296 24 53.130 -24.6 -40 1219.20 80.0000 0.00003 0.00281 25 52.001 -13 -28.4 1237.73 1156.3518 0.00039 0.03940 26 50.906 -9.3 -24.7 1256.72 2710.7532 0.00090 0.08960 27 49.844 -10.4 -25.8 1276.16 2104.2144 0.00067 0.06745 28 48.814 -7.7 -23.1 1296.03 3918.2306 0.00122 0.12177 29 47.816 -9.6 -25 1316.30 2529.8221 0.00076 0.07622 30 46.848 -15.1 -30.5 1336.96 713.0008 0.00021 0.02082 31 45.909 -14 -29.4 1357.99 918.5229 0.00026 0.02600 32 45.000 -14 -29.4 1379.37 918.5229 0.00025 0.02520 33 44.119 -14.1 -29.5 1401.09 897.6148 0.00024 0.02387 34 43.264 -11.3 -26.7 1423.13 1710.3697 0.00044 0.04409 35 42.436 -9.3 -24.7 1445.47 2710.7532 0.00068 0.06773 36 41.634 -7.6 -23 1468.11 4009.4979 0.00097 0.09711 37 40.855 -8.1 -23.5 1491.03 3573.4687 0.00084 0.08391 ttS- Apdx. A Page 1 EMS RV65-18-00DP ARL\ 32 !Maxgain:! 15.4 Max exposure: I 0.001977841 mW/cm 2 Max ERP: BOO Ant type: EMS RV65-1B-00DP Feet from site: 15 Radiation exposure level Feet to Depress Antenna dB from Prop dist Act ERP W Level Precent of " Ant. base angle oain max ERP in em mm mW!cm - FCC STD 38 40.101 -8.1 -23.5 1514.21 3573.4687 0.00081 0.08136 39 39.369 -11.1 -26.5 1537.65 1790.9769 0.00040 0.03954 40 38.660 -11.8 -27.2 1561.34 1524.3686 0.00033 0.03264 41 37.972 -17.2 -32.6 1585.25 439.6327 0.00009 D.00913 42 37.304 -17.2 -32.6 1609.39 439.6327 0.00009 0.00886 43 36.656 -18.6 -34 1633.74 318.4857 0.00006 0.00623 44 36.027 -18.6 -34 1658.29 318.4857 0.00006 0.00605 45 35.417 -14.1 -29.5 1683.04 897.6148 0.00017 0.01654 46 34.824 -8.7 -24.1 1707.97 3112.3612 0.00056 0.05570 47 34.249 -8.7 -24.1 1733.08 3112.3612 0.00054 0.05409 48 33.690 -5.3 -20.7 1758.36 6809.1043 0.00115 0.11497 49 33.147 -5.3 -20.7 1783.80 6809. 1 043 0.00112 0.11171 50 32.619 -5.3 -20.7 1809.39 6809.1043 0.00109 0.10857 51 32.106 -5.3 -20.7 1835.14 6809.1043 0.00106 0.10555 52 31.608 -6.2 -21.6 1861.03 5534.6478 0.00083 0.08342 53 31.122 -6.2 -21.6 1887.05 5534.6478 0.00081 0.08114 54 30.651 -6.3 -21.7 1913.21 5408.6638 0.00077 0.07714 55 30.192 -6.3 -21.7 1939.50 5408.6638 0.00075 0.07506 56 29.745 -9.8 -25.2 1965.90 2415.9614 0.00033 0.03263 57 29.310 -9.8 -25.2 1992.42 2415.9614 0.00032 0.03177 58 28.887 -16.4 -31.8 2019.06 528.5548 0.00007 0.00677 59 28.474 -16.4 -31.8 2045.80 528.5548 0.00007 0.00659 60 28.072 -16.4 -31.8 2072.64 528.5548 0.00006 0.00642 61 27.681 -14.2 -29.6 2099.58 877.1826 0.00010 0.01039 62 27.300 -14.2 -29.6 2126.62 877.1826 0.00010 0.01013 63 26.928 -9.2 -24.6 2153.75 2773.8948 0.00031 0.03122 64 26.565 -9.2 -24.6 2180.97 2773.8948 0.00030 0.03044 65 26.211 -9.2 -24.6 2208.28 2773.8948 0.00030 0.02969 66 25.866 -6.1 -21.5 2235.66 5663.5663 0.00059 0.05915 67 25.530 -6.1 -21.5 2263.13 5663.5663 0.00058 0.05773 68 25.201 -6.1 -21.5 2290.67 5663.5663 0.00056 0.05635 69 24.880 -4.4 -19.8 2318.28 8377.0284 0.00081 0.08137 70 24.567 -4.4 -19.8 2345.97 8377 .0284 0.00079 0.07946 71 24.261 -4.4 -19.8 2373.72 8377 .0284 0.00078 0.07761 72 23.962 -4.5 -19.9 2401.55 8186.3439 0.00074 0.07410 73 23.671 -4.5 -19.9 2429.43 8186.3439 0.00072 0.07241 74 23.385 -4.5 -19.9 2457.38 8186.3439 0.00071 0.07077 75 23.106 -4.5 -19.9 2485.38 8186.3439 0.00069 0.06918 76 22.834 -7 -22.4 2513.45 4603.5195 0.00038 0.03804 77 22.567 -7 -22.4 2541.56 4603.5195 0.00037 0.03720 78 22.306 -7 -22.4 2569.74 4603.5195 0.00036 0.03639 V-ro Apdx. A Page 2 EMS RV65-18-00DP ARLI 32 !Maxgain:! 15.4 Max exposure: I 0.001977841 mW!cm 2 Max ERP: 800 Ant type: EMS RV65-18-00DP Feet from site: 15 Radiation exposure level Feet to Depress Antenna dB from Prop dist Act ERP W Level 2 Precent of Ant. base anole Gain max ERP in em mm mW!cm FCC STD 79 22.051 -7 -22.4 2597.96 4603.5195 0.00036 0.03561 80 21.801 -16.1 -31.5 2626.24 566.3566 0.00004 0.00429 81 21.557 -16.1 -31.5 2654.56 566.3566 0.00004 0.00420 82 21.318 -16.1 -31.5 2682.93 566.3566 0.00004 0.00411 83 21.084 -16.1 -31.5 2711.35 566.3566 0.00004 0.00402 84 20.854 -14.2 -29.6 2739.81 877.1826 0.00006 0.00610 85 20.630 -14.2 -29.6 2768.32 877.1826 0.00006 0.00598 86 20.410 -14.2 -29.6 2796.86 877.1826 0.00006 0.00585 87 20.194 -14.2 -29.6 2825.45 877.1826 0.00006 0.00574 88 19.983 -7.8 -23.2 2854.07 3829.0407 0.00025 0.02454 89 19.776 -7.8 -23.2 2882.74 3829.0407 0.00024 0.02405 90 19.573 -7.8 -23.2 2911.44 3829.0407 0.00024 0.02358 91 19.374 -7.8 -23.2 2940.17 3829.0407 0.00023 0.02312 92 19.179 -7.8 -23.2 2968.95 3829.0407 0.00023 0.02268 93 18.988 -2.9 -18.3 2997.75 11832.8671 0.00069 0.06874 94 18.800 -2.9 -18.3 3026.59 11832.8671 0.00067 0.06743 95 18.616 -2.9 -18.3 3055.46 11832.8671 0.00066 0.06617 96 18.435 -2.9 -18.3 3084.36 11832.8671 0.00065 0.06493 97 18.258 -2.9 -18.3 3113.29 11832.8671 0.00064 0.06373 98 18.083 -2.9 -18.3 3142.25 11832.8671 0.00063 0.06256 99 17.913 -0.3 -15.7 3171.24 21532.2784 0.00112 0.11177 100 17.745 -0.3 -15.7 3200.25 21532.2784 0.00110 0.10975 101 17.580 -0.3 -15.7 3229.30 21532.2784 0.00108 0.10779 102 17.418 -0.3 -15.7 3258.37 21532.2784 0.00106 0.10587 103 17.259 -0.3 -15.7 3287.46 21532.2784 0.00104 0.10401 104 17.103 -0.3 -15.7 3316.58 21532.2784 0.00102 0.10219 105 16.949 -2.1 -17.5 3345.73 14226.2353 0.00066 0.06634 106 16.798 -2.1 -17.5 3374.89 14226.2353 0.00065 0.06520 107 16.650 -2.1 -17.5 3404.09 14226.2353 0.00064 0.06409 108 16.504 -2.1 -17.5 3433.30 14226.2353 0.00063 0.06300 109 16.361 -2.1 -17.5 3462.53 14226.2353 0.00062 0.06194 110 16.220 -2.1 -17.5 3491.79 14226.2353 0.00061 0.06091 111 16.082 -2.1 -17.5 3521.07 14226.2353 0.00060 0.05990 112 15.945 -3.4 -18.8 3550.36 10546.0539 0.00044 0.04368 113 15.811 -3.4 -18.8 3579.68 10546.0539 0.00043 0.04296 114 15.680 -3.4 -18.8 3609.02 10546.0539 0.00042 0.04227 115 15.550 -3.4 -18.8 3638.37 10546.0539 0.00042 0.04159 116 15.422 -3.4 -18.8 3667.75 10546.0539 0.00041 0.04092 117 15.297 -3.4 -18.8 3697.14 10546.0539 0.00040 0.04028 118 15.173 -3.4 -18.8 3726.55 10546.0539 0.00040 0.03964 119 15.051 -3.4 -18.8 3755.97 10546.0539 0.00039 0.03902 ,+j Apdx. A Page 3 EMS RV65-18-00DP ARL I 32 I Max gain: I 15.4 Max exposure: I 0.001977841 mW!cm 2 Max ERP: 800 Ant type: EMS RV65-18-00DP Feet from site: 15 Radiation exposure level Feet to Depress Antenna dB from Prop dist Act ERP Level 2 Precent of Ant. base anole oain max ERP in em inmW mW/cm FCC STD 120 14.931 -5.8 -21.2 3785.41 6068.6206 0.00022 0.02211 121 14.813 -5.8 -21.2 3814.87 6068.6206 0.00022 0.02177 122 14.697 -5.8 -21.2 3844.35 6068.6206 0.00021 ,0.02144 123 14.583 -5.8 -21.2 3873.84 6068.6206 0.00021 0.02111 124 14.470 -5.8 -21.2 3903.34 6068.6206 0.00021 0.02079 125 14.359 -5.8 -21.2 3932.87 6068.6206 0.00020 0.02048 126 14.250 -5.8 -21.2 3962.40 6068.6206 0.00020 0.02018 127 14.142 -5.8 -21.2 3991.95 6068.6206 0.00020 0.01988 128 14.036 -5.8 -21.2 4021.51 6068.6206 0.00020 0.01959 129 13.932 -9.3 -24.7 4051.09 2710.7532 0.00009 0.00862 130 13.829 -9.3 -24.7 4080.68 2710.7532 0.00008 0.00850 131 13.727 -9.3 -24.7 4110.28 2710.7532 0.00008 0.00838 132 13.627 -9.3 -24.7 4139.90 2710.7532 0.00008 0.00826 133 13.528 -9.3 -24.7 4169.53 2710.7532 0.00008 0.00814 134 13.431 -9.3 -24.7 4199.17 2710.7532 0.00008 0.00803 135 13.335 -9.3 -24.7 4228.82 2710.7532 0.00008 0.00791 136 13.241 -9.3 -24.7 4258.48 2710.7532 0.00008 0.00780 137 13.147 -9.3 -24.7 4288.16 2710.7532 0.00008 0.00770 138 13.055 -9.3 -24.7 4317.84 2710.7532 0.00008 0.00759 139 12.965 -3.2 -18.6 4347.54 11043.0741 0.00030 0.03050 140 12.875 -3.2 -18.6 4377.25 11043.0741 0.00030 0.03009 141 12.787 -3.2 -18.6 4406.97 11043.0741 0.00030 0.02968 142 12.700 -3.2 -18.6 4436.70 11043.0741 0.00029 0.02929 143 12.614 -3.2 -18.6 4466.44 11043.0741 0.00029 0.02890 144 12.529 -3.2 -18.6 4496.19 11043.0741 0.00029 0.02852 145 12.445 -3.2 -18.6 4525.95 11043.0741 0.00028 0.02814 146 12.362 -3.2 -18.6 4555.71 11043.0741 0.00028 0.02778 147 12.281 -3.2 -18.6 4585.49 11043.0741 0.00027 0.02742 148 12.200 -3.2 -18.6 4615.28 11043.0741 0.00027 0.02706 149 12.121 -3.2 -18.6 4645.08 11043.0741 0.00027 0.02672 150 12.043 -3.2 -18.6 4674.88 11043.0741 0.00026 0.02638 151 11.965 0.6 -14.8 4704.69 26490.4897 0.00062 0.06248 152 11.889 0.6 -14.8 4734.52 26490.4897 0.00062 0.06169 153 11.813 0.6 -14.8 4764.35 26490.4897 0.00061 0.06092 154 11.739 0.6 -14.8 4794.19 26490.4897 0.00060 0.06017 155 11.665 0.6 -14.8 4824.03 26490.4897 0.00059 0.05942 156 11.592 0.6 -14.8 4853.89 26490.4897 0.00059 0.05870 157 11.520 0.6 -14.8 4883.75 26490.4897 0.00058 0.05798 158 11.449 0.6 -14.8 4913.62 26490.4897 0.00057 0.05728 159 11.379 0.6 -14.8 4943.50 26490.4897 0.00057 0.05659 160 11.310 0.6 -14.8 4973.38 26490.4897 0.00056 0.05591 l./3 Apdx. A Page 4 EMS RV65-18-00DP ARL I 32 I Max gain: I 15.4 Max exposure: I 0.001977841 mW/cm 2 Max ERP: 800 Ant type: EMS RV65-18-00DP Feet from site: 15 Radiation exposure level Feet to Depress Antenna dB from Prop dist Act ERP Level Precent of 2 Ant. base anole oain max ERP in em inmW mWlcm FCC STD 161 11.241 0.6 -14.8 5003.27 26490.4897 0.00055 0.05524 162 11.174 0.6 -14.8 5033.17 26490.4897 0.00055 0.05459 163 11.107 0.6 -14.8 5063.08 26490.4897 0.00054 0.05395 164 11.041 0.6 -14.8 5092.99 26490.4897 0.00053 0.05331 165 10.976 3 -12.4 5122.91 46035.1950 0.00092 0.09157 166 10.911 3 -12.4 5152.83 46035.1950 0.00091 0.09051 167 10.847 3 -12.4 5182.77 46035.1950 0.00089 0.08947 168 10.784 3 -12.4 5212.70 46035.1950 0.00088 0.08844 169 10.722 3 -12.4 5242.65 46035.1950 0.00087 0.08743 170 10.660 3 -12.4 5272.60 46035.1950 0.00086 0.08644 171 10.599 3 -12.4 5302.56 46035.1950 0.00085 0.08547 172 10.539 3 -12.4 5332.52 46035.1950 0.00085 0.08451 173 10.480 3 -12.4 5362.49 46035.1950 0.00084 0.08357 174 10.421 3 -12.4 5392.46 46035.1950 0.00083 0.08264 175 10.362 3 -12.4 5422.44 46035.1950 0.00082 0.08173 176 10.305 3 -12.4 5452.43 46035.1950 0.00081 0.08084 177 10.248 3 -12.4 5482.42 46035.1950 0.00080 0.07995 178 10.192 3 -12.4 5512.42 46035.1950 0.00079 0.07909 179 10.136 3 -12.4 5542.42 46035.1950 0.00078 0.07823 180 '10.081 3 -12.4 5572.42 46035.1950 0.00077 0.07739 181 10.026 3 -12.4 5602.44 46035.1950 0.00077 0.07656 182 9.972 2.8 -12.6 5632.45 43963.2699 0.00072 0.07234 183 9.919 2.8 -12.6 5662.48 43963.2699 0.00072 0.07158 184 9.866 2.8 -12.6 5692.50 43963.2699 0.00071 0.07082 185 9.814 2.8 -12.6 5722.53 43963.2699 0.00070 0.07008 186 9.762 2.8 -12.6 5752.57 43963.2699 0.00069 0.06935 187 9.711 2.8 -12.6 5782.61 43963.2699 0.00069 0.06863 188 9.660 2.8 -12.6 5812.66 43963.2699 0.00068 0.06793 189 9.610 2.8 -12.6 5842.71 43963.2699 0.00067 0.06723 190 9.560 2.8 -12.6 5872.76 43963.2699 0.00067 0.06654 191 9.511 2.8 -12.6 5902.82 43963.2699 0.00066 0.06587 201 9.046 2.8 -12.6 6203.63 43963.2699 0.00060 0.05963 211 8.624 2.2 -13.2 6504.82 38290.4074 0.00047 0.04724 221 8.239 2.2 -13.2 6806.33 38290.4074 0.00043 0.04315 231 7.887 -2.5 -17.9 7108.12 12974.4808 0.00013 0.01341 241 7.563 -2.5 -17.9 7410.15 12974.4808 0.00012 0.01233 251 7.265 -2.5 -17.9 7712.40 12974.4808 0.00011 0.01139 261 6.990 -5.9 -21.3 8014.85 5930.4819 0.00005 0.00482 271 6.734 -5.9 -21.3 8317.47 5930.4819 0.00004 0.00448 281 6.497 -5.9 -21.3 8620.24 5930.4819 0.00004 0.00417 291 6.275 -5.9 -21.3 8923.15 5930.4819 0.00004 0.00389 l{7 Apdx. A Page 5 EMS RV65-18-00DP ARLI 32 I Max gain: 1 15.4 Max exposure: I 0.001977841 mW/cm 2 Max ERP: 800 Ant type: EMS RV65-18-00DP Feet from site: 15 Radiation exposure level Feet to Depress Antenna dB from Prop dist Act ERP Level 2 Precent of Ant. base anole oain max ERP in em inmW mW/cm FCC STD 301 6.068 -5.9 -21.3 9226.18 5930.4819 0.00004 0.00364 311 5.875 2.6 -12.8 9529.33 41984.5968 0.00024 0.02414 321 5.693 2.6 -12.8 9832.58 41984.5968 0.00023 0.02267 331 5.522 2.6 -12.8 10135.92 41984.5968 0.00021 0:02133 341 5.361 2.6 -12.8 10439.34 41984.5968 0.00020 0.02011 351 5.209 2.6 -12.8 10742.85 41984.5968 0.00019 0.01899 361 5.066 2.6 -12.8 11046.42 41984.5968 0.00018 0.01796 371 4.930 8.1 -7.3 11350.07 148966.9709 0.00060 0.06037 381 4.801 8.1 -7.3 11653.77 148966.9709 0.00057 0.05726 391 4.679 8.1 -7.3 11957.53 148966.9709 0.00054 0.05439 401 4.563 8.1 -7.3 12261.34 148966.9709 0.00052 0.05173 411 4.452 8.1 -7.3 12565.19 148966.9709 0.00049 0.04925 421 4.347 8.1 -7.3 12869.09 148966.9709 0.00047 0.04696 431 4.246 8.1 -7.3 13173.04 148966.9709 0.00045 0.04481 441 4.150 8.1 -7.3 13477.02 148966.9709 0.00043 0.04282 451 4.059 8.1 -7.3 13781.04 148966.9709 0.00041 0.04095 461 3.971 11.5 -3.9 14085.09 325904.2222 0.00086 0.08576 471 3.887 11.5 -3.9 14389.18 325904.2222 0.00082 0.08217 481 3.806 11.5 -3.9 14693.29 325904.2222 0.00079 0.07880 491 3.729 11.5 -3.9 14997.43 325904.2222 0.00076 0.07564 501 3.655 11.5 -3.9 15301.60 325904.2222 0.00073 0.07266 511 3.583 11.5 -3.9 15605.79 325904.2222 0.00070 0.06986 521 3.515 11.5 -3.9 15910.01 325904.2222 0.00067 0.06721 531 3.449 11.5 -3.9 16214.24 325904.2222 0.00065 0.06471 541 3.385 11.5 -3.9 16518.50 325904.2222 0.00062 0.06235 551 3.324 11.5 -3.9 16822.78 325904.2222 0.00060 0.06012 561 3.265 11.5 -3.9 17127.08 325904.2222 0.00058 0.05800 571 3.208 11.5 -3.9 17431.39 325904.2222 0.00056 0.05599 581 3.153 11.5 -3.9 17735.72 325904.2222 0.00054 0.05409 591 3.099 11.5 -3.9 18040.07 325904.2222 0.00052 0.05228 601 3.048 11.5 -3.9 18344.43 325904.2222 0.00051 0.05056 611 2.998 13.4 -2 18648.80 504765.8756 0.00076 0.07577 621 2.950 13.4 -2 18953.19 504765.8756 0.00073 0.07335 631 2.903 13.4 -2 19257.60 504765.8756 0.00071 0.07105 641 2.858 13.4 -2 19562.01 504765.8756 0.00069 0.06886 651 2.814 13.4 -2 19866.44 504765.8756 0.00067 0.06676 661 2.772 13.4 -2 20170.88 504765.8756 0.00065 0.06476 671 2.730 13.4 -2 20475.32 504765.8756 0.00063 0.06285 681 2.690 13.4 -2 20779.78 504765.8756 0.00061 0.06102 691 2.651 13.4 -2 21084.25 504765.8756 0.00059 0.05927 701 2.614 13.4 -2 21388.73 504765.8756 0.00058 0.05760 ).0 Apdx. A Page 6 EMS RV65-18-00DP ARL 1 32 1 Max gain: I 15.4 Max exposure: I 0.001977841 mW/cm 2 Max ERP: 800 Ant type: EMS RV65-18-00DP Feet from site: 15 Radiation exposure level Feet to Depress Antenna dB from Prop dist Act ERP Level Precent of 2 Ant. base anqle qain max ERP in em inmW mW/cm FCC STD 711 2.577 13.4 -2 21693.22 504765.8756 0.00056 0.05599 721 2.541 13.4 -2 21997.71 504765.8756 0.00054 0.05445 731 2.507 13.4 -2 22302.22 504765.8756 0.00053 -0.05298 741 2.473 13.4 -2 22606.73 504765.8756 0.00052 0.05156 751 2.440 13.4 -2 22911.25 504765.8756 0.00050 0.05020 761 2.408 13.4 -2 23215.78 504765.8756 0.00049 0.04889 771 2.377 13.4 -2 23520.31 504765.8756 0.00048 0.04763 781 2.346 13.4 -2 23824.85 504765.8756 0.00046 0.04642 791 2.317 13.4 -2 24129.40 504765.8756 0.00045 0.04526 801 2.288 13.4 -2 24433.96 504765.8756 0.00044 0.04414 811 2.260 13.4 -2 24738.52 504765.8756 0.00043 0.04306 821 2.232 13.4 -2 25043.08 504765.8756 0.00042 0.04202 831 2.205 13.4 -2 25347.65 504765.8756 0.00041 0.04101 841 2.179 13.4 -2 25652.23 504765.8756 0.00040 0.04004 851 2.153 13.4 -2 25956.81 504765.8756 0.00039 0.03911 861 2.128 13.4 -2 26261.40 504765.8756 0.00038 0.03821 871 2.104 13.4 -2 26565.99 504765.8756 0.00037 0.03734 881 2.080 13.4 -2 26870.59 504765.8756 0.00036 0.03649 891 2.057 13.4 -2 27175.19 504765.8756 0.00036 0.03568 901 2.034 13.4 -2 27479.80 504765.8756 0.00035 0.03489 911 2.012 13.4 -2 27784.41 504765.8756 0.00034 0.03413 921 1.990 14.8 -0.6 28089.02 696770.8720 0.00046 0.04610 931 1.969 14.8 -0.6 28393.64 696770.8720 0.00045 0.04512 941 1.948 14.8 -0.6 28698.26 696770.8720 0.00044 0.04416 951 1.927 14.8 -0.6 29002.89 696770.8720 0.00043 0.04324 961 1.907 14.8 -0.6 29307.51 696770.8720 0.00042 0.04235 971 1.888 14.8 -0.6 29612.15 696770.8720 0.00041 0.04148 981 1.868 14.8 -0.6 29916.78 696770.8720 0.00041 0.04064 991 1.849 14.8 -0.6 30221.42 696770.8720 0.00040 0.03982 1001 1.831 14.8 -0.6 30526.07 696770.8720 0.00039 0:03903 1011 1.813 14.8 -0.6 30830.71 696770.8720 0.00038 0.03827 1021 1.795 14.8 -0.6 31135.36 696770.8720 0.00038 0.03752 1031 1.778 14.8 -0.6 31440.01 696770.8720 0.00037 0.03680 1041 1.761 14.8 -0.6 31744.67 696770.8720 0.00036 0.03609 1051 1.744 14.8 -0.6 32049.33 696770.8720 0.00035 0.03541 1061 1.728 14.8 -0.6 32353.99 696770.8720 0.00035 0.03475 1071 1.711 14.8 -0.6 32658.65 696770.8720 0.00034 0.03410 1081 1.696 14.8 -0.6 32963.31 696770.8720 0.00033 0.03348 1091 1.680 14.8 -0.6 33267.98 696770.8720 0.00033 0.03286 1101 1.665 14.8 -0.6 33572.65 696770.8720 0.00032 0.03227 1111 1.650 14.8 -0.6 33877.32 696770.8720 0.00032 0.03169 ~I Apdx. A Page 7 EMS RV65-18-00DP STATEMENT OF EXPERIENCE Jerrold Talmadge Bushberg, Ph.D., DABMP, DABSNM PRESENT APPOINTMENT PRESENT ADDRESS Clinical Professor, Department of Radiology School of Medicine Director, Health Physics Programs Department of Envirorunental Health & Safety University of California, Davis University of California, Davis 2315 Stockton Boulevard Sacramento, CA 95817 (916)734-5620 (work) (916) 734-3956 (fax) jtbushberg@ucdavis.edu (e-mail) EDUCATION 1981 Ph.D. Radiological and Health Physics, Purdue University Department of Bionucleonics 1979 U.s. Department of Energy National Training Fellowship Yale University, Department of Radiology and Mayo Clinic Departments of Health and Medical Physics 1978-1980 M.s. Radiological Physics Purdue University; Department of Bionucleonics 1971-1975 B.s. Physiology University of California, Davis DOCTORAL DISSERTATION Effect of 2450 MHZ Continuous Wave Microwave Radiation and Isothermal Conduction on Canine Platelet Aggregometry, Survival and Margination. Purdue University, 1981. ~-:L 1 LICENSURE AND CERTIFICATION Diplomate, American Board of Medical Physics. Certification in Medical Health Physics, 1991. Diplomate, American Board of Medical Physics. Certification in Nuclear Medicine Physics, 1991. Diplomate, American Board of Science in Nuclear Medicine. Comprehensive and Specialty Certification in Health Physics and Radiation Biology, 1990. International Healthcare Safety Professional Certification Board International Institute of Safety and Health, 1981 PROFESSIONAL EXPERIENCE - SUMMARY 1999-Present Clinical Professor, Department of Radiology, School of Medicine, Director of Health Physics Programs, Department of Environmental Health & Safety, University of California, Davis 1992-1999 Clinical Associate Professor, Department of Radiology, School of Medicine, Director of Health Physics Programs, Department of Environmental Health & Safety, University of California, Davis 1995-1999 Commander/Radiation Science Officer & Command Technical Advisor United States Naval Reserve Medical Services Corps Office of the Chief of Naval Research (CBRD 120) 1983-Present Consultant, Radiological Emergency Management, Department of Diagnostic Radiology & Emergency Medicine Yale University School of Medicine 1991-1994 Lieutenant Commander/Radiation Science Officer United States Naval Reserve, Medical Service Corps 1991-1992 Clinical Associate Professor, Technical Director of Nuclear Medicine, School of Medicine, UCD and UCDMC Radiation Safety Officer, University of California, Davis 1988-1992 Chairman, Advisory Committee on Nuclear Emergency Planning Executive Appointment: Governor George Deukmejian, State of California 53 2 1989-1991 Clinical Associate Professor, Technical Director of Nuclear Medicine and UCDMC Radiation Safety Officer, School of Medicine, University of California, Davis 1984-1990 Lieutenant/Radiation Science Officer United States Naval Reserve, Medical Service Corps 1983-1989 Assistant Professor, Technical Director of Nuclear Medicine, and UCDMC Radiation Safety Officer, School of Medicine University of California, Davis 1982-1984 Adjunct Faculty-Consultant Emergency Management Institute Federal Emergency Management Agency National Emergency Training Center 1981-1983 Assistant Professor Section of Nuclear Medicine Department of Diagnostic Radiology Yale University School of Medicine 1981-1983 Advisor, Radiological Health and Emergency Response Office of the Governor, State of Connecticut 1979-1983 Consultant, Health Effects Branch Office of Nuclear Regulatory Research U. S. Nuclear Regulatory Commission 1979-1981 Graduate Instructor - Academic Advisor Department of Bionucleonics Purdue University 1978-1979 Radiological Control Intern Department of Bionucleonics Purdue University 1977-1978 Lecturer - Senior Research Associate Section of Nuclear Medicine Yale University School of Medicine 1975-1977 Instructor-Staff Research Associate II Departments of Chemistry and Nuclear Medicine Stanford University and V. A. Medical Center Palo Alto, California r;;y 3 Dr. Jerrold Bushberg is an expert in both health physics and medical physics. He is currently employed at the University of California at Davis as Director of Health Physics Programs which includes the campus, medical center and 16 offsite research field stations throughout California. The UCD Health Physics program is the second largest non-federal program in the state. In addition, he also holds an appointment as a Clinical Professor of Radiology, at the UC Davis School of Medicine with primary responsibility for medical postgraduate courses in medical physics, radiation (ionizing and non-ionizing) protection, and radiation biology. In addition, Dr. Bushberg has extensive experience and lectures on the science of Risk Assessment and on Effective Risk Communication in the public sector. Dr. Bushberg's doctoral dissertation at Purdue University wason various aspects oj the biological effects of microwave radiation. He has' maintained a strong professional interest in this subject and has served as consultant or appeared as an expert witness on this subject to a wide variety of organizations/institutions including, local governments, school districts, planning departments, telecommunications companies, the California Public Utilities Commission, ABC 20/20, and the U.5. Congress. In addition, his consultation services have included detailed computer based modeling of RF exposures as well as on-site safety inspections and RF field measurements of numerous wireless transmissions facility in order to determine their compliance with FCC safety regulations. Dr. Bushberg is a member of the main scientific body of International Committee on Electromagnetic Safety (ICES) which reviews and evaluates the scientific literature on the biological effects of non-ionizing electromagnetic radiation and establishes exposure standards. He also serves on the ICES Risk Assessment Working Group that is responsible for evaluating and characterizing the risks of non-ionizing electromagnetic radiation. Dr. Bushberg was appointed and is serving as a member of the main scientific council of the National Council on Radiation Protection and Measurement's (NCRP) as well as it's scientific advisory committee on Radiation Protection in Medicine. The NCRP is the nation's preeminent scientific radiation protection organization, chartered by Congress to evaluate and provide expert consultation on a wide variety of radiological health issues. Dr. Bushbergwas also appoiIited to the International Engineering in Medicine and Biology Society Committee on Man and Radiation (COMAR) which has as its primary area of interest the biological effects of non-ionizing electromagnetic energy, examining and interpreting the biological effects, and presenting its findings in an authoritative and professional manner. Dr. Bushberg's position as Director of Health Physics Programs at UC Davis is particularly pertinent. The scientific discipline of Health Physics is devoted to radiation protection, which, among other things, involves providing analysis of radiation exposure conditions, biological effects research, regulations and standards as well as recommendations regarding the use and safety of ionizing and non-ionizing radiation. Dr. Bushberg is the senior scientist/health physicist at the University of California, Davis for which the evaluation of recent scientific literature and radiation safety standards is an integral part of his position. Dr. Bushberg received both a Masters of Science and Ph. D. from the Department of Bionucleonics at Purdue University. Dr. Bushberg is certified by several national professional boards with specific sub-specialty certification in radiation protection and medical physics. Prior to coming to the University of California, Davis, Dr. Bushberg was on the faculty of Yale University School of Medicine. ~ 4 ~",","'~"~""'''"''' ..'..."'."".""''''' S<>J"'JaSSY mnllOO'G tQI -- I- en ......1- Q Oo...I!M~ ~<(O~<3 (D1Da: ~<t 00 0... ::> ~ tll I OI ~~ Oen I- 0 ~~ --' "I --' <J I . . L", '" ro~ w II: ::J~ m c -- u ,j'ej"n6UF' ~ n d~~~~ ~ ~~~di ~ ~~~~~~ i > to ~ ~ I ~ ; ! 'I ' : id ! , ,; ii!' . ,~ ~ ~ ~ i . '1"/' ~ ~ II' I' & i Iilh!!i ,!.i '!;! II ~ ! ! : !! . 111 'i! ~Ii~! 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"*OI.N" 40 ~3J.H3:I .0 .W SVNNJIIfII-!& .0-';01', ,",,~_4O .0-. :;'"~. ~/,;-;:f , '" .............-......,,..ZlC") ! <It '--_ml'<!W1 sl 8NOt81Aill O't!~ "'.........___'z a-I "'..................."..".IN ........ ............., f ~ 8i.l'tO in88. SNOU.\f0313 1:IOII::I31X3 OLS,S w:! ....ISIA ......,H~ lICIo4OJ.l1J<OI'l H::>I:jnH:J lSU.dV8 dOl'TllH '0-......... o ~ ~ ~ ~4Od01.0-."" j ! III ~II mil ! i 'I( I Iii iil ! I j i I! Ii H ! II Ii H , <~ p p ~ <> ~ ~I OJ b .' , ~ ~ , . ~ ~ i PLANNING COMMISSION AGENDA STATEMENT Item:3 Meeting Date: 05/14/03 ITEM TITLE: PUBLIC HEARING: PCM-02-04; Consideration of the Auto Park North Specific Plan. The Auto Park North Specific Plan encompasses approximately 39 acre and would allow the future development and northerly expansion of the Chula Vista Auto Park including three dealerships along the north side of Main Street with supporting uses to the rear of the site. Applicant: Knowlton Realty Advisors, LLC and Otay Mesa Ventures II, LLC On January 1,2003 Knowlton Realty Advisors, LLC and Otay Mesa Ventures II, LLC ("Developer") filed an application requesting a Specific Plan (PCM-02-04) for the development ofauto dealership and supporting uses on an approximately 39-acre site located on the north side of Main Street, between Brandywine A venue and Maxwell Road. The project would provide an orderly expansion of the existing Chula Vista Auto Park located immediately to the southwest of the project site. The project site is located within the Otay Valley Redevelopment Project Area and would be developed pursuant to the Auto Park North Specific Plan described further below. The City's Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-02-006 in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has detennined that the project could result in significant effects on the environment. However, revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-02-006. RECOMMENDATION: That the Planning Commission adopt: . Resolution PCM-02-04 recommending that the City Council I) Adopt the Mitigated Negative Declaration and Resolution, based on the findings and conditions contained therein for the Auto Park North Specific Plan, and 2) Introduce an Ordinance to Approve the Auto Park North Specific Plan. BOARDS/COMMISSIONS RECOMMENDATION: On April 21, 2003, the Resource Conservation Commission (RCC) considered the Mitigated Negative Declaration for the project and recommended that the Planning Commission and City Council and Redevelopment Agency find the document adequate per the requirements of the California Environmental Quality Act (CEQA) and adopt the Mitigated Negative Declaration IS-02-006. \ Page 2, Item: Meeting Date: 05/14/03 The RCC further recommended that the landscaping for the site confonTI with sustainable environmental principals and they include the type of pi ants that will contribute to aesthetics, water availability and also contribute to enhanced air quality and water quality on the project site and adjacent roadways; and that canopy trees should be placed on the slope, the area adjacent to Main Street and large parking areas. DISCUSSION: A. Background The following provides a brief summary of the land use history of the site. For a full discussion please refer to the environmental document prepared for the Auto Park North Specific Plan (Attachment 5). Land use history at the site dates to 1947 when an animal by-products processing plant was constructed on-site, operated by the Omar Rendering Company (referred to as Omar). The Omar plant produced meat and tallow by-products until 1962, when it was sold to the Royal Tallow and Soap Company (referred to as Royal). Royal held the operation for only 3 years, when it was sold in 1965 to the Darling-Delaware Company (referred to as Darling). Darling operated the plant until it was closed in 1981. Royal and Darling also used the site as a processing plant for the production of animal by-products. Since 1983, the fOnTIer Omar Rendering Plant site has lain vacant, undevelopable due to environmental contamination. Despite the clean up of 580,000 cubic yards of contaminated soil in 1981-82 and a satisfactory health risk assessment from the Department of Toxic Substances Control, groundwater contamination remained on the site. Although two development projects were considered for the site between 1986 - 2000, both proved infeasible due to the inability to reach regulatory agency closure for the groundwater conditions. In 1999 LandBank Inc. (LandBank) acquired the site. Subsequently the finTI contracted Hooper Knowlton lIVKnowlton Realty Advisers, L.L.c. (Knowlton) to create a development proposal. After studying the feasibility of a warehouse/distributing project for the site, it was detenTIined that the highest and best use for the property was auto dealer development linked to the expansion of the Chula Vista Auto Park. Knowlton proposed a Specific Plan to allow the "North" Auto Park expansion and City staff determined the project was consistent with the Otay Valley Road Redevelopment Plan and Five Year Implementation Plan for 2000 - 2004. Concurrent with the entitlements, regulatory closure for the groundwater conditions was required. In May 2003, the Regional Water Quality Control Board (RWQCB) agreed to a Polanco Act Agreement with the City Council and Redevelopment Agency. The Polanco Act Agreement allows the Agency to pass its immunity from regulatory action to Knowlton so that development can proceed while the R WQCB Clean Up and Abatement Order for the groundwater can be completed. The Polanco Act Agreement was an enabling action to allow the entitlements, and subsequently site improvements, sales to auto dealers and the issuance of building penTIits to dealers. 2- Page 3, Item: Meeting Date: 05/14/03 B. Project Site Characteristics and Surrounding Uses The project site is located along Main Street, approximately one half mile east of Interstate 805, between Brandywine A venue and Maxwell Road (Attachment I). The site includes approximately 38.81 acres on the north side of Main Street and is approximately 1,284 feet deep with 1,323 feet of frontage along Main Street. The site was previously subdivided into 18 lots and is primarily undeveloped with the exception of partial street improvements (Delniso Court and Roma Court) and other infrastructure. The site has been previously rough graded and terraced by a previous property owner. There is an elevation difference of over 1 OO-feet between the frontage along Main Street and the northern boundary line. Immediately adjacent land uses include single-family residences to the north (situated at elevations greater than 70 feet above the site building pads and more than 200 feet away), light industrial uses to the east and west (including the City's Public Works Center to the east), and the site for the proposed easterly expansion of the Auto Park on the south side of Main Street (proposed Auto Park East Spe~ific Plan). The existing Chula Vista Auto Park is located to the southwest of the project site along the south side of Main Street. The Otay Valley Regional Park is located to the south ofthe existing Auto Park and the proposed easterly expansion of the Auto Park. The Otay Landfill is located to the northeast of the project site. C. Specific Plan - Purpose and Objectives The Auto Park North Specific Plan has been prepared to plan and implement the northerly expansion of the Chula Vista Auto Park. The guiding rationale behind the Specific Plan is to ensure the orderly and viable development of the site and the implementation of the policies ofthe General Plan and the Otay Valley Road Redevelopment Project Area by establishing pennitted land uses, development standards, design guidelines, and entitlement processes. The comprehensive and coordinated development of the site will benefit the City and the Redevelopment Project Area by removing blight and facilitating new development that will expand commercial opportunities and the employment base. The Auto Park North Specific Plan is a policy and regulatory tool that will guide the development of the site using a focused development scheme. It provides a bridge between the broad policies of the General Plan and the detailed development objectives for the site. The Specific Plan establishes land use and development regulations that are specifically adapted to the proposed development of the site. The provisions of the Specific Plan are intended to be responsive to constraints and opportunities on the site and the objectives of the project while implementing adopted policy. The primary objectives of the Auto Park North Specific Plan are to: . Expand the existing Auto Park to create a regional destination automobile sales and service park with supporting uses; . Create a distinct identity for the Auto Park and a thematic link to other attractions in the Otay Valley through the Main Street Streetscape Master Plan; . Coordinate the development, operation, and maintenance of the site; Page 4, Item: Meeting Date: 05/14/03 . {mprove the image of the Main Street corridor and adjacent land uses; and . Ensure the provision of all necessary infrastructure, services, and facilities. D. Development Concept The Chula Vista Auto Park is intended to be a regional automobile sales and service destination. The existing 24-acre Auto Park was constructed in 1991-1995. The Auto Park North expansion will add approximately 39 acres, and the proposed Auto Park East expansion will add approximately 29 acres to the Auto Park for a total of approximately 92 acres. There are two development concepts for the Auto Park North Specific Plan: Option I consists of eleven parcels (Attachment 2); Option 2 consists of seven parcels (Attachment 3). Both options propose three lots with fTontage on Main Street that would be developed with new car dealerships. Lots to the interior of the site would be developed with supporting uses such as automotive services and inventory parking lots. In both options, vehicle access to lots would only be acceptable from two proposed streets (Delniso Court and Roma Court); no access would be provided directly fTom Main Street. Roma Court would only serve two of the dealerships fronting on Main Street. Delniso Court would serve two dealerships and the supporting uses to the rear of the site. Both intersections would be fully signalized. The Specific Plan would allow the construction of up to 130,000 square feet of dealership buildings. The floor area for these buildings would vary depending on the development proposals submitted for individual dealerships. These buildings would typically include showrooms, offices, service stations, and parts departments. The Specific Plan would also allow up to 93,450 square feet of floor area for supporting automotive uses. Each of the lots may be developed independently, in accordance with the Specific Plan, including the development standards, design guidelines, and perfonnance standards and conditions. These provisions establish lot configurations, maximum lot coverage and floor area, maximum height, minimum setbacks, parking requirements, landscape requirements, and sign requirements. Most of the Specific Plan's standards are consistent with the underlying zone or appropriate provisions of the Zoning Ordinance. Specific requirements that are unique to the Specific Plan take into consideration the project site and the objectives for the Auto Park; for example, only new auto dealerships are pennitted on the lots with fTontage on Main Street, while supporting uses are only allowed on interior lots. The Specific Plan's design guidelines require landscape consistency within the Auto Park and street, signage, and landscape improvements that are consistent with the Main Street Streetscape Master Plan. These design controls are intended to create a coordinated theme and image for the Auto Park and the Main Street corridor. 3 Page 5, Item: Meeting Date: 05/14/03 Perfonnance standards and conditions would insure that the operations and maintenance of the land uses in the Auto Park do not become detrimental to other uses or surrounding areas. These standards and conditions address hours of operation, promotional displays and events, deliveries and loading, outdoor speakers and pagers, test driving, car washing, facilities maintenance, and lighting. E. Development Entitlements In addition to the Specific Plan (PCM-02-04) and Mitigated Negative Declaration (IS-02-006), the project applicant is requesting a Tentative and a Final Parcel Map to re-subdivide the existing 18-lot subdivision into II lots and an Owner Participation Agreement (OPA) with the Redevelopment Agency to address the negotiable development considerations for the project and perfonnance requirements for the developer. After these development entitlements have been obtained, development proposals for individual lots would be subject to the design review process. ANALYSIS: A. General Plan and Zoning Consistency The Auto Park North Specific Plan is consistent with the General Plan's Research and Limited Industrial land use designation for the site. Automobile sales are conditionally pennitted uses under the 1- General Industrial zone classification that implements the land use designation. The Specific Plan would limit the range of uses otherwise pennitted by the I - General Industrial zone in order to achieve the objectives of the Redevelopment Plan for the Otay Valley Road Redevelopment Project Area, specifically the expansion of the Auto Park and creation of a regional-serving auto center. The I - General Industrial zone pennits a wide range of uses such as manufacturing, processing, assembling, research, wholesale, and storage uses; stone and monument works; trucking yards and tenninals; electrical generating plants and liquefied natural gas plants. Conditionally pennitted uses include motels, restaurants, service stations, retail distribution centers and outlets, brewing or distilling ofliquor, meat packing, foundries, automobile salvage and wrecking operations, metal and waste rag, glass and paper salvage, recycling collection centers, vehicle and equipment auctions, and hazardous waste facilities. The Specific Plan considerably reduces the potential range of land uses on the project site by specifying four categories ofpennitted uses, all of which are consistent with the underlying zone classification. These are automobile sales (new car dealerships), inventory parking, supporting services, and accessory uses. Supporting services include a range ofland uses that would support the auto dealership uses in the Auto Park. These include automobile parts and accessories sales; automobile repair and service; collision repair; detailing and car washes; restaurants; other vehicle sales and service; car rentals; and automobile finance and leasing offices. 4 Page 6, Item: Meeting Date: 05/14/03 B. Specific Plan Statutory Requirements Specific Plans maybe adopted by ordinance in accordance with Chapter 19.07, Specific Plans of the Chula Vista Municipal Code and Sections 65450-65457 of the California Government Code. Chapter 19.07 adopts and incorporates Government Code Sections 65450-65457 by reference as though set forth in full. The Specific Plan supersedes the zone regulations for the project site. Where in conflict with the Zoning Ordinance, the Specific Plan applies; and where it is silent, the Zoning Ordinance and other applicable policies and regulations apply. The proposed Auto Park North Specific Plan meets the statutory requirements of Government Code Section 65450-65457. Specifically, the following required sections are provided, as noted: I) The distribution ofland uses in the area covered by the plan (Section II); 2) The provision of essential facilities to support the land uses (Section VI); 3) Standards for development (Section III, IV, and V); 4) Implementation measures (Section VII); and 5) The relationship of the Specific Plan to the General Plan (Section I). CONCLUSION: The Auto Park North Specific Plan proposes land uses that would implement the General Plan land use designation for the site and the Redevelopment Plan's goals and objectives for a regional Auto Park within the Otay Valley Road Project Area. The provisions ofthe Auto Park North Specific Plan would implement existing guidelines relative to design, on-site landscaping, and the Main Street streetscape. Therefore, staff recommends approval of the Auto Park North Specific Plan and related documents. A TT ACHMENTS: . I. Locator Map 2. Option I 3. Option 2 4. Draft Planning Commission Resolution No. PCM-02-04 5. Mitigated Negative Declaration (IS-02-006) 6. Application Documents with Disclosure Statement 7. Draft City Council Ordinance 8. Draft Specific Plan 5 ATTACHMENT 1 LOCATOR MAP ~ lID IJ I I w :::J Z w ~ w z --.J ~ I~ J' ;::] OTAY LANDFILL VACANT '/ /' ,>' /" t: INDUSTRIAL BUILDINGS SIGN CT o <( o 0: -' -' UJ :; ;;; ::; MAIN STREET Y/1ltv s rRf:f:r AUTO PARK VACANT C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT KNOWLTON REALTY ADVISORS, LLC PROJECT DESCRIPTION: ~ APPLICANT: and OTAY MESA VENTURES II, LLC PROJECT NORTH OF MAIN STREET BETWEEN Request: Proposed Specific Plan for future development ADDRESS: BRANDYWINE AV. AND MAXWELL RD of the northerly expansion of the Chula Vista Auto Park. The project site consists of approximately 39 acres. SCALE: FILE NUMBER: Related Case: IS-02-006 NORTH No Scale PCM-02-04 C\DAIFILE\locators\pcm0204 cdr 4/29/03 1 ATTACHMENT 2 OPTION 1 ~ . c ~ ~ U1 ,e:. 0... ~ 2. 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I =,'~ ~ =, "i'l I ' pi !J ~ = ~ f}", 'I ~~k = = ~f, , in I 'I - -=______--' ::f~~ ~ fL2~~_"..2=:: ~ =c:j ~IA :. L i0'11\ , S I. ,', \ C') i ~ '. :3' ~~ r---r= - - _..c--- - I ! : \ 0 I 11 , C\I~. \ I _ ' i ..3' L__-_ E I E I II~; I .:. I E E ~ . II" .... ";;; ~;;~ :~~i! ='i. ~ a>- en ~; ~~ ca ~:B:B1!;J ~ ~C. 1:5 f . Q) IJ.O> '- :!oj ~ ~8h ( ~ Ci '1 ~i '\ j! :.J I . ~~ ~~ ~ ~ fi~ ~!G .: " :II a!.. :B:;j ~ 'I! II 'II ~ ::r; .... .... ~~~ ~~~ ~~~::!~~ ); .); & ~f; ~d co .iH ~ "'!i ~1l}$"CldjH~ - i f 0 i$ i o! R!"~ .3~! ~ ....J ~~ <l. ....J ~~ ~8~a.. u ~s; II NN . :11:11 ~" II ~ ~ <<<:~ g: <;! '" '" <1i _ ~ ';J ~ ..... !i - . o , ..J 0 < , '6 ~ ~ i!~ f ~ ~ - - i1 ; H , . . , =='= , '- I =: r I I, I II ATTACHMENT 4 DRAFT PLANNING COMMISSION RESOLUTION No. PCM-02-04 12- RESOLUTION NO. PCM-02-04 A RESOLUTION OF THE PLANNING COM1\nSSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM (1S-02-006) AND INTRODUCE AN ORDINANCE APPROVING A SPECIFIC PLAN (pCM-02-04) FOR THE AUTO PARK NORTH EXPANSION (KNOWLTON REALTY ADVISORS, LLC & OTAY MESA VENTURES II, LLC). WHEREAS, a duly verified application for a Specific Plan was filed with the City of Chula Vista Planning and Building Department; and WHEREAS, the application requests the adoption of a Specific Plan for the development of the Auto Park North Expansion on 38.8] acres ofland on the north side of Main Street between Brandywine Avenue and Maxwell Road and represented on Exhibit "A"; and WHEREAS. the Specific Plan would implement the Redevelopment Plan for the Otay Valley Road Redevelopment Project Area; and WHEREAS. the Specific Plan would be consistent with the General Plan; and WHEREAS, a MItigated Negative DeclaratIOn and MitIgatIOn Momtoring and Reporting Program (IS- 02-006) has been prepared in accordance with the requirements of the California Environmental Quality Act, the State CEQA Guidelines, and the Environmental Review Procedures of the City of Chula Vista; and WHEREAS, the Planning Director set the time and place for a hearing on said application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the property at least ten days prior to the hearing; and WHEREAS. the hearing was held at the time and place as advertised, namely on May ]4,2003 at 6:00 p.m. in the City 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 the application. NOW, THEREFORE. BE IT RESOLVED THAT THE PLANNING COMMISSION does hereby recommend that the City Council adopt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (lS-02-006), based on the findmgs and conditIOns contained therein for the Auto Park North Specific Plan. BE ]T FURTHER RESOL VED THAT THE PLANNING COMMISSION does hereby find that the proposed Auto Park North Specific Plan is consistent with the City of Chula Vista General Plan and is supported by public necessity, convenienee. general welfare. and good zoning practice. J3 Resolution No. PCM-02-04 Page No.2 BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION does hereby recommend that the City Council introduce an ordinance approving Specific Plan (PCM-02-04) for the Auto Park North Expansion. 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 14th day of May, 2003, by the following vote. to-wit: AYES: NOES: ABSENT: ABSTAIN: Russ Hall, Chair ATIEST: Diana Vargas. Secretary 14 ATTACHMENT 6 APPLICATION DOCUMENTS WITH DISCLOSURE STATEMENT 1'5' ~VC- -.- "-- ---- - ----~~ - - - - CITY OF CHULA VISTA Planning & Building Department 276 Fourth Avenue (6 I 9)69 I -5 I 0 I Development Processing Application Form - Type B Page One 01Y Of :::HULA VISfA hYPE OF REVIEW REQUESTED (slaff use only) Case No.: PCA;( -1J;2 -eJl/ o General Plan Amendment o Zone Change Filing Date: I / /l.! /03 Assigned Planner' Pc: Receipt No.: Project Accl: A c '.2 1>- Depos~ Acct: DO'- rK'I Related Cases: IS --C;;z. - dO" o ZA C8(Public Hearing Be By: If applicant Is not owner. owners authorization is required to process request. See signature on Page Two. Engineer/Agent HOOPER KNOWLTON III 801-582-5347/801-541-0953 ERIC SWANSON 303-763-8500 ext. 11 /303-807-3969_ .ogineer/Agent Address 1445 CANTERBURY DR., SALT LAKE CITY, UT, 84108 I 141 UNION BLVE.. SUTIE 330. LAKEWOOD. CO 80228 IGENERAL PROJECT DESCRIPTION (for all types) Project Name I Proposed Land Use(s): AUTOMOBILE DEALERSHIP CHULA VISTA AUTO PARK NORTH SPECIFIC PLAN BUS TRANSIT PARKING Generai Description of Proposed Project (Please use App€ndix A to provide 0 full description and Justification for the project) o General Development Plan o Amendment ~ SPNSpecific Plan o Amendment o Redevelopment o Amendment SPECIFIC PLAN IAPPLICANT INFORMATION Applicant Name KNOWLTON REALTY ADVISORS, LLC OT A Y MESA VENTURES I, LLC . 303-763-8500 Ext. I [ / 303-807-3969- Applicant Address 1445 CANTERBURY DR., SALT LAKE CITY.IJT 84108 141 UNION BLVD., LAKEWOOD. CO 80228 Applicant's Interest in Property rX! 0Nn 0 Lease ~ In Escrow 0 Oplion to purchase o Tentative Subdivision Mop o Annexation o Other: I Phone No. 801-582-5347/801-541-0953 I SEE PROJECT DESCRIPTION STATEMENT SEE PROJECT JUSTIFICATION STATEMENT - ISUBJECT PROPERTY INFORMATION (for all types) Ii. ILocation/Street Address I l MAIN STREET BETWEEN BRANDYWINE AND MAXELL RD. --.-l IAssessor Parcei No. IAII=h 10111 nece5S0rYJ[1OtOT Acreage Redevelopment Area (if applicable) I 1644-041-01 thru 14; & 17 thru 19 38.81 au YES 90 - 02 ! Current General Plan Designation I urren one Planned Community (If oppllcable) II INDUSTRIAL! COMMERCIAL s t is In ontgomery ." I~urrent Land Use rOOM B. (pAGE 1 or 2) VACANT LAND J IfD"/99 ~{f? -.- '--, ---- - -- - - - - CITY or CHULA VISTA Planning & Building Department 276 Fourth Avenue (619)691-5101 Development Processing Application Form - Type B Page Two J1Y Of '--. .LlLA VISTA (staffuseontv) Case No.: IGENERAL DEVELOPMENT PLAN General Development Plan Name I Total Acres Proposed Land Uses Commercial: Parks: Community Purpose: Public/Quasi: Residential Single Family Detached: Single Family Attached: Duplexes: Apartments: Condominiums: Totals: 38.81 Acres Acres Acres Acres Industrial: Schools: Circulation: Open Spoce: 38.81 Acres Acres Acres Acres Range to to to to to to Units Units Units Units Units Units Acres Acres Acres Acres Acres Acres I~ENERAL PLAN AMENDMENT rr )sed Land Use DeSignation I I Please state why the General Plan should be changed I I NOT APPLICABLE IANNEXATION Prezoning I lAFCO Ref. No. NOT APPLICABLE I!TENTATIVE SUBDIVISION MAP t Subdivision Name CV Tract No. I i [ Minimum Lot Size , No. ot Units I Average Lot ~Ize I IZONE CHANGE NOT APPLICABLE Ii o Rezoning 0 Prezoning o Setback I Proposed Zoning f HnOPERKNOWLTONIP '. ....-/~~ P ,:Jplicant or Agent Name App A.. ture ~ OTA Y MESA VENTURES I, LLC Print Owner Name Owner Signature {ReQuired if Applicant is not Owner] ~.k:.-./:>7"' 7~ Zeo;?, te ... Date /77/00 Appendix A PROJECT DESCRIPTION AND JUSTIFICATION PROJECT NAME. CHULA VISTA AUTO PARK NORTH SPECIFIC PLAN KNOWLTON REALTY ADVISORS, LLC APPLICANT NAME: OTAY MESA VENTURES II, LLC Please describe fully the proposed project, any and all construction that may be accomplished as a result of approval of this project and the project's benefits to yourself. the property. the neighborhood and the City of Chula Vista. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary . For all Conditional Use Permits or Variances, please address the required "Findings" as listed in listed in the Application Procedural Guide. Description & Justification. SEE PROJECT DESCRIPTION STATEMENT SEE PROJECT JUSTIFICATION STATEMENT /6 Appendix B THE CITY OF CHULA VISTA DISCLOSURE STATEMENT You are required to file a Statement of Disclosure of certain ownership or financial interests. payments. - campaign contributions, on all matters which will require discretionary action on the part of the City Juncil, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having financial interest in the property which is the subject of the application or the contract. e.g.. owner applicant. contractor. subcontractor, material supplier. OT A Y MESA VENTURESn, LLC KNOWLTON REALTY ADVISORS, LLC 2. if any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. NOT APPLICABLE 3. If any person' identified pursuant to (1) above is non-profit organization or a trust. list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. NOT APPLICABLE 4. Have you had more than $250 worth of business transacted with any member of the City staff. Boards, Commissions, Committees. and Council within the past twelve months? Yes No If yes, please indicate person(s): 5. Please identify each and every person, including any agents. employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. 6 Have you andlor your officers or agents. in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No -X- If yes. state which Councilmember(s): Date' (NOTE: ATTACH ADDITIONAL PAGES AS NECES AUGUST 9Tl1, 2002 e of pplicant .IJ~ , / ~ HOOPER KNOWLTON III Pnnt or type name of contractor/appllcant . I'ersoll IS dejincd as' "'Am' IfIdh'ldual. firm, co partllershlp, jOlflf venlure, assocJQflOlI. socwl ciub. jrealernaJ orRGnt::allon, corporatIOn. t'slc.lll'. IrUS!, n"ct'n';:r, svndlcah" Ihis and vny Olln'T COUI/ty, elf V Gnd CGumr.... clf\' fTwnlclpalav distrIct. nr other I'olltlcal subd,VISUJrI or Of/V <I[/;,>r gnJu/) or cnmhll1i1f10n dC[lf/g as () lalll .. ''I PROJECT JUSTIFICATION CHULA VISTA AUTO PARK NORTH SPECIFIC PLAN CHULA VISTA, CALIFORNIA The justifications for the Chula Vista Auto Park North Specific Plan in Chula Vista, California, are as follows: DEMAND FOR AUTOMOBILE DEALERSHIP PROPERTY Presently there is a demand for automobile dealerships property in Chula Vista. This is underscored by the fact that both Daimler Chrysler and Toyota have determined that the Chula Vista area and popul,ation basis will support new dealerships. Toyota spend nearly 18 months analyzing the market area and dynamics as they "cleared" the area for a potential dealership. Their announcement on May 16th, 2002, that a new Toyota dealership "point" would be awarded to Chula Vista underscores the present demand for automobile dealership development and expansion of the present Chula Vista Auto Mall. Additionally, this is supported by Chryslers desire to have a new dealership which is south of their present Dodge / Chrysler dealerships in National City. ECONOMIC Since the closure of the Darling Delaware rendering facility in 1982, the Darling property has provided the City of Chula Vista with virtually no economic tax base beyond a raw ground value. As a result the City has had minimal property tax from this 38.81 acre property. The current property tax roll for the 18 lots contained in the 38.81 acre site owned by Otay Mesa Ventures II, LLC, is $26,266.92. The proposed Chula Vista Auto Park North property will have an economic valuation in excess $30,000,000 upon completion of all dealership construction and economic stabilization. If the property tax mill levy is .085%, the base property tax yield for the property will provide the City of Chula Vista with and annual revenue of $267, 750, or a ten-fold increase in property taxes. Considering only the economic basis of the proposed development should provide the City with justification to approve the Chula Vista Auto Park North Expansion. The greater economic benefit to the City of Chula Vista is the City's participation in the sales tax revenue. It is anticipated that the proposed dealerships in the Chula Vista Auto Mall expansion will have a combined annual sales revenue in excess of$100,000,000. It is anticipated that the taxable revenue will exceed $75,000.000. With the City's 1% sales tax participation, the City should anticipate sales tax revenue of approximately $750,000. Therefore, the combined property tax and sales tax revenue should exceed $1,000,000 to the City ofChula Vista. 20 Project Justification Chula Vista Auto Park North Expansion August 8., 2002 Page 2 TAX INCREMENT TO THE REDEVELOPMENT DISTRICT Further economic incentive for the projects justification is that the property lies within the City of Chula Vista's Redevelopment District 90-02, created in April of 1993. Because the property is within an RDA district, the increase in property tax valuation will significantly add to the RDA's tax increment and thereby further support the RDA's ability to sponsor redevelopment of areas within the RDA's boundaries. This continued effort on the part of the RDA to upgrade the economic basis of the RDA district supports the purpose for the RDA in assisting the economic development of the City of Chula Vista. INCREASED EMPLOYMENT BASE FOR THE CITY OF CHULA VISTA Given the approximate 158,400 to 200,000 square feet of anticipated dealership and dealership support services, that is contemplated in the proposed development, the range of employment will be between 150 to 300 employees. This increased employment basis provides additional justification for the approval of the proposed project. IMPROVEMENT OF BLIGHTED AREA and RAW GROUND UTILIZATION Since the formation of the Redevelopment District 90-02 in April of 1993, there have been a number of economic improvements to the RDA district. The construction of the Fuller Honda & Ford automobile dealership together with People's Chevrolet have had a significant economic impact on the RDA. The utilization of raw undeveloped ground has added to the economic basis of the RDA and provided increased property values. Additionally. the sales tax revenue generated by the automobile sales has enhanced the City of Chula Vista's overall general fund. The proposed project will add to the improved real estate values in the immediate area and will provide greater utilization of the existing property so as to achieve its highest and best use. VISUAL ENHANCEMENT TO MAIN STREET Ai; an in-fill property, the proposed project will add significantly to the streetscape of Main Street. Upon completion, the projects landscape theme along Main Street and the architectural detail of the buildings will provide a significant improvement to the overall visual aesthetics of Main Street. The Chula Vista Auto Mall will add to the Cars & Guitars theme that is being promoted by the Community Development Department. 21 ATTACHMENT 7 DRAFf CITY COUNCIL ORDINANCE 22. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A SPECIFIC PLAN (PCM-02-04) FOR THE AUTO PARK NORTH EXPANSION (KNOWLTON REALTY ADVISORS. LLC & OTAY MESA VENTURES II, LLC). I. RECITALS A. Project Site WHEREAS, the areas of land, which are the subject of this Ordinance, are represented in Exhibit "A" and for the purpose of general description herein consist of 38.81 acres located on the north side of Main Street between Brandywine Avenue and Maxwell Road ("Project Site"); and B. Project; Application WHEREAS, on January 1, 2003 Knowlton Realty Advisors, LLC and Otay Mesa Ventures II, LLC ("Developer") filed an application requesting the adoption of a Specific Plan (PCM-02-04) for the development of auto dealership lots and supporting use lots on the Project Site ("Project"); and C. Planning Commission Record on Applications WHEREAS, the Planning Commission held an advertised public hearing on said Project on May 14, 2003, and voted to recommend that the City Council adopt the Specific Plan (PCM- 02-04); and WHEREAS. the proceedings and all evidence introduced before the Planning Commission at their public hearing on this Project held on May 14, 2003, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding; and D. City Council Record on Applications WHEREAS, a duly called and noticed public hearing was held before the City Council on May 27, 2003 on the application and to receive the recommendations of the Planning Commission and to hear public testimony with regard to the same; and E. Owner Participation Agreement WHEREAS, at the same City Council meeting at which this Ordinance was introduced for first reading (May 27,2003), the City Council approved Resolution No. by which it approved an Owner Participation Agreement with the Project applicant. II. NOW, THEREFORE BE IT RESOLVED, that the City Council hereby finds, determines, and ordains as follows: A. Cert'ification of Compliance with CEQA The City Council does hereby find that the Mitigated Negative Declaration and Mitigation Monitoring and Reportin9 Program (IS-02-006) has been prepared in accordance with requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines. and the Environmental Review Procedures of the City of Chula Vista. and hereby adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-02-006). 23 Ordinance Page 2 B. Independent Judgment of City Council The City Council does hereby find that in the exercise of their independent review and judgment, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-02-006) in the form presented has been prepared in accordance with the requirements of the California Environmental Quality Act and the Environmental Review Procedures of the City of Chula Vista and hereby adopt same. C. Adoption of Specific Plan The City Council does hereby adopt Specific Plan (PCM-02-04), attached hereto, finding that it is consistent with the General Plan and would implement the Redevelopment Plan for the Otay Valley Road Redevelopment Project Area, and that the public necessity, conveniences, general welfare, and good zoning practice supports its approval and implementation. III. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Ordinance is dependent upon the enforceability of each and every term, provision, and condition herein stated; and that in the event that anyone or more terms. provisions. or conditions are determined by a Court of competent jurisdiction to be invalid, ille9al, or unenforceable, this Ordinance shall be deemed to be automatically revoked and of no further force and effect ab initio. IV. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by Laurie Madi9an Community Development Director Ann Moore City Attorney z1 ATTACHMENT 8 DRAFf SPECIFIC PLAN 25 AUTO PARK NORTH SPECIFIC PLAN 2~ TABLE OF CONTENTS IX. Amendments to the Specific Plan Page I Page I Page I Page I Page I Page 2 Page 2 Page 2 Page 2 Page 3 Page 4 Page 4 Page 5 Page 6 Page 6 Page 7 Page 7 Page 7 Page 7 Page 7 Page 7 Page 7 Page 7 Page 8 Page 8 Page 8 Page 8 Page 9 Page 9 Page 9 Page 9 Page 9 Page 9 Page 9 Page 10 Page 10 Page 10 Page 10 Page 10 Page II Page II Page 12 Page 12 Page 12 Page 12 Page 13 27 I. Introduction A. Purpose B. Statutory Authority C. Relationship to Other Plans and Policies D. Specific Plan Objectives E. Site Location F. Surrounding Uses G. Site Characteristics H. Issues and Opportunities I. Development Concept II. Land Use Regulations A. Land Use Distribution B. Pennitted Uses C. Prohibited Uses D. Outdoor Uses Prohibited - Exceptions III. Development Standards A. Lot Configuration B. Lot CoveragelFloor Area C. Height D. Building Setbacks E. Parking F. Landscaping G. Signs IV. Design Guidelines V. Performance Standards and Conditions A. Hours of Operation B. Promotional Displays and Events C. Deliveries and Loading/Unloading D. Outdoor Speakers and Pagers E. Test Driving F. Carwash Facilities G. Facility Maintenance H. Rideshare Incentives I. Lighting VI. Infrastructure and Services A. Water B. Wastewater C. Stonn Water and Drainage D. Solid Waste and Recycling E. Energy F. Streets and Circulation VII. Implementation VIII. Environmental Review X. Auto Dealer Association XI. Enforcement I. INTRODUCTION A. Purpose The Auto Park North Specific Plan, ("Project"), is a policy and regulatory tool that will guide the development of the Project site using a focused development scheme. It provides a bridge between the broad policies of the General Plan and the detailed development objectives for the site. This Specific Plan supercedes the applicable zoning provisions for the site by establishing land use and development regulations that are specifically adapted to the proposed development of the Project site. The provisions of this Specific Plan are intended to be responsive to constraints and opportunities on the site and the objectives of the Project while implementing adopted policy. The Auto Park North Specific Plan has been prepared to plan and implement the northerly expansion of the Chula Vista Auto Park, ("Auto Park"), on Main Street in the City ofChula Vista. The guiding rationale behind this Specific Plan is to ensure the orderly and viable development of the Project site and the implementation of the policies of the General Plan and the Otay Valley Road Redevelopment Project Area. The comprehensive and coordinated development of the northerly expansion of the Auto Park will benefit the City and the Otay Valley Road Redevelopment Project Area by removing blight and facilitating new development that will expand commercial opportunities and the employment base. B. Statutory Authority The Auto Park North Specific Plan is adopted by ordinance in accordance with Chapter 19.07, Specific Plans, ofTitle 19, Zoning, of the Chula Vista Municipal Code and Sections 65450-65457 of the California Government Code. Chapter 19.07 adopts and incorporates the Government Code Sections 65450-65457 by reference as though set forth in full. C. Relationship to Other Plans and Policies The Auto Park North Specific Plan implements the broad policies of the General Plan and the Redevelopment Plan for the Otay Valley Road Redevelopment Project Area by establishing permitted land uses, development standards, design guidelines, and entitlement processes for the expansion of the Chula Vista Auto Park. This Specific Plan supersedes the zone regulations for the Project site. Where in conflict with the Zoning Ordinance, this Specific Plan shall apply; and where this Specific Plan does not address a topic, the Zoning Ordinance and other applicable policies and regulations shall apply. D. Specific Plan Objectives The primary objectives of the Auto Park North Specific Plan are: I. The expansion of the existing auto park to create a regional destination automobile sales and service park with supporting uses. 2. A distinct identity for the Auto Park and a thematic link to other attractions in the Otay Valley through the Main Street Streetscape Master Plan. 3. The comprehensive and coordinated development, operation, and maintenance ofthe Project site. 2-~ AUlD Park North Specific Plan (PCM,02-04) 4. An improved image of the Main Street corridor and adjacent land uses. 5. The provision of all necessary infTastructure, services, and facilities at the time of need. E. Site Location The Auto Park North Specific Plan site is located along Main Street within the City ofChula Vista, approximately one half mile east of Interstate 805. The Project site consists of approximately 38.81 acres on the north side of Main Street to the east of Brandywine Avenue and to the west of Maxwell Road. F. Surrounding Uses Immediately adjacent land uses include single-family residences to the north, light industrial uses to the east and west (including the City's Public Works Center to the east), and the site for the proposed easterly expansion of the Auto Park on the south side of Main Street (Auto Park East Specific Plan). The existing Auto Park is located to the southeast of the Project site along the south side of Main Street. The Otay Valley Regional Park is located to the south of the existing Auto Park and the proposed easterly expansion of the Auto Park. The Otay Landfill is located to the northeast of the Project site. G. Site Characteristics The Project site includes approximately 38.81 acres on the north side of Main Street and is approximately 1,284 feet deep with 1,323 feet of fTontage along Main Street. The site was previously subdivided into 18 lots and is primarily undeveloped with the exception of partial street improvements (Delniso Court and Roma Court) and other infrastructure. The site has been previously rough graded and terraced by a previous property owner. There is an elevation difference of over I OO-feet between the fTontage along Main Street and the northern boundary line. H. Issues and Opportunities The depth of the site and the elevation differences on the site could contribute to visibility and accessibility issues for certain types ofland uses on the rear portion of the site. In addition, the prime arterial designation for Main Street is a consideration for suitable types of land use for the site. However, these same attributes present opportunities for appropriate types ofland uses such as the proposed Auto Park North expansion. The Specific Plan addresses these and other issues and opportunities through land use and development regulations. 1. Issues a. The depth of the site is a development consideration for land uses that require or desire visibility and/or frontage along the primary street serving the site. b. The elevation differences on the site and the terraced building pads could pose an accessibility and visibility challenge for certain types ofland uses. c. The adjacent residential uses to the north require consideration and could limit the desirable Page:': ,,; 13 zq Auto Park North Specific Plan (PCM,02-04) types of non-residential uses of the site. d. The previous uses of the site and current environmental conditions could limit the types of uses and improvements that could be allowed on portions of the site. e. Main Street is designed as a prime arterial intended to move large volumes of traffic at relatively high speeds with minimal access. Adequate access to the developed site would require signalized intersection(s) to allow safe access. f. Key intersections and the Main Street corridor east of Interstate 805 lack identity and the existing streetscapes have no unifying theme. 2. Opportunities a. The planned development of the site will provide for an appropriate use of the under-utilized property and further the redevelopment objectives of the Otay Valley Road Redevelopment Project Area. b. Comprehensive planning and design will result in efficient circulation, safe access, and the effective use of infrastructure and other improvements. c. There are adequate public facilities and services that now exist or that can be easily provided to serve the site. d. The relative elevation difference between the site and the adjacent residential development to the north creates a natural and effective aesthetic, light, and noise buffer. e. Key intersections can be used to create urban focal points, and this segment of Main Street can be unified under one streetscape and landscape theme. f. Close proximity to Interstate 80S, the water park, the amphitheater, the river valley, and other potential land use attractions in the Otay Valleycreate the opportunity to develop a coordinated theme and image for the Main Street corridor. I. Development Concept The Chula Vista Auto Park is intended to be a regional automobile sales and service destination located within the Otay Valley Road Redevelopment Project Area. The existing 24-acre Auto Park was constructed in 1991-1995. The Auto Park North expansion will add approximately 39 acres, and the proposed Auto Park East expansion will add approximately 29 acres to the Auto Park for a total of approximately 92 acres. There are two development concepts for the Auto Park North Specific Plan: Option I consists of eleven parcels (Appendix A); Option 2 consists of seven parcels (Appendix B). Both options propose lots with frontage on Main Street that would be developed with new car dealerships. Lots to the interior of the site would be developed with supporting uses such as automotive services and inventory parking lots. Each of the lots may be developed independently, in accordance with the Auto Park North Specific Plan. This Specific Plan would allow the construction of up to 130,000 square feet of dealership buildings. The floor area for these buildings would vary depending on the development proposals submitted for individual dealerships. These buildings would typically include showrooms, offices, service stations, and parts departments. This Specific Plan would also allow up to 93,450 square feet of floor area for supporting automotive uses. Page 3 of \J 30 Auto Park North Specific Plan (PCM,02,04) II. LAND USE REGULATIONS A. Land Use Distribution The Auto Park North Specific Plan allows the development of new automobile sales dealerships and supporting uses. The distribution of pennitted uses shall be consistent with either Option 1 or Option 2 below. Option 1 I -.""'--.,--,.----~-.'-i I Parcel i I i- I 2 . ------~----- 3 ~--- 4 5 6 7 8 ------- 9 10 ______n 11 ~-- .~- 1- ----- I I f----- -- , - - ........--.--- -------..---- -_.._~ - -.---------- . Automobile Sales P II Automobile/Inventory 1 Parking I 1--".' -- I ___ u_ ~ ___ Supporting Services P ~---_....- -~--- P p --~--_._---~-- ---- - .'----- .'----- p p ______________..__n_____" p -- -'------'- ------.------_..._- , ------- ~------'------,_.p_. --------- P p P I -----: .--- - -- - Option 2 Parcel Automobile Sales P I Automobile/In~entory i Parkin!: : I -]---- -- P , ---.J Supporting Services I 2 -1-- -,.--. 3 I . ---4------.- i ..- 5 6 7 ---- p . .. I -"[...----------------------- ! p p , --.------ - ---,.---.--...-,--.,,,..,------- p p __.nmn_____ --------- ------- _ ___._._...__.m_......... Page 4 of 13 31 Auto Park North Specific Plan (PCM,02-04) B. Permitted Uses The following are the uses pennitted within the Auto Park North Specific Plan: 1. Automobile Sales. Automobile, as used in this Specific Plan, shall mean passenger cars, light trucks, and motorcycles. a. Retail sales, leasing, and display of new automobiles; b. Fleet sales and wholesaling of new automobiles when incidental to on-site retail sales of new automobiles; c. Retail sales, leasing, and display of used automobiles when incidental to on-site retail sales of new automobiles and not exceeding 50 percent of total inventory; d. Automobile rentals when incidental to on-site retail sales of new automobiles; e. Automobile inventory parking when incidental to on-site retail sales of new automobiles; f. Automobile service, maintenance, and repair when incidental to on-site retail sales of new automobiles. 2. Automobile inventory Parking 3. Supporting Services a. After Market Automobile Accessories Sales, Installation, and Service b. A TV Retail Sales and Service c. Auto Glass Repair and Auto Glass Tinting d. Auto Parts Sales e. Auto Tuning f. Auto Upholstery g. Automobile Audio and Video Display Sales, Installation, and Service h. Automobile Detailing I. Automobile Finance and Leasing Office J. Automobile Parts and Inventory Warehousing k. Car Rental I. Car Washing m. Collision Repair n. Custom Wheels / After Market Specialty Wheels o. Lube Service p. Motorcycle Retail Sales and Service q. Muffler Repair r. Office s. Restaurant / Deli t. RV Sales, Parts, and Service Page 5 of 13 3~ Auto Pork North Specific Pion (PCM,02,04) u. Tire Sales, Installation, and Service v. Transmission Repair w. Truck Rental and Trailer Rental x. Used Car Sales / Specialty Used Car Sales 4. Accessory Uses and Structures Accessory uses and structures that are customarily appurtenant to the above permitted uses, provided that such uses and structures are screened from public view or incorporated into the architecture and design of this Specific Plan and subsequent development plans. C. Prohibited Uses Any use not expressly permitted by this Specific Plan is prohibited. D. Outdoor Uses Prohibited - Exceptions Outdoor uses and storage are prohibited, and all permitted uses shall be conducted within completely enclosed buildings, except for the following: I. Automobile display. 2. Automobile inventory parking. 3. Parking and loading facilities. 4. Dining Poge 6 of 13 :/3 Auto Park North Specific Plan (PCM-02-04) III. DEVELOPMENT STANDARDS A. Lot Configuration Lot configuration shall substantially conform to either Option I or Option 2. B. Lot Coverage/Floor Area The maximum lot coverage shall not exceed 50 percent. The total floor area for dealership buildings shall not exceed 130,000 square feet on the Project site. The total floor area for supporting use buildings shall not exceed 93,450 square feet on the Project site. C. Height The maximum height of buildings and other structures shall not exceed 45 feet, except as provided in the Zoning Ordinance for architectural features and other exceptions. D. Building Setbacks I. Main Street Setback: 40 feet. 2. Internal Street Setback: 25 feet. 3. Side and Rear Setbacks: 20 feet. E. Parking Off-street parking and loading shall be provided pursuant to the provisions of the Zoning Ordinance. On-street parking shall be allowed, except along Main Street. F. Landscaping A minimum of20 percent of the Project site shall be landscaped. Lots shall be landscaped to a depth of at least I 0 feet along property lines, except for approved driveways, parking areas, display areas, loading areas, and other approved facilities. Landscape plans shall be consistent with the Design Guidelines (Section IV) and shall be submitted with the required development plans to the Design Review Committee for design review (Section VII). G. Signs In addition to the following specific requirements, the Municipal Code provisions regulating signs shall apply to signs within the Auto Park North Specific Plan. I. A planned sign program shall be prepared for each parcel and shall be submitted with the required development plans to the Design Review Committee for design review (Section VII). Planned sign programs shall be consistent with the Design Guidelines (Section IV). Page 7 of 13 34 Auto Park North SpCCJfie Plan (PCM,02,04) 2. Off-site signs shall only be pennitted through an off-site sign program that has been approved by the Design Review Committee through design review (Section VII). Off-site sign programs shall be consistent with the Design Guidelines (Section IV). 3. The following signs are prohibited, except when approved as part of a promotional display or event (Section V.B.): a. Pole signs. b. Roof signs. c. Painted signs. d. Message boards. e. Marquee signs. f. Window signs. g. Portable signs. h. Flashing, animated, or moving signs or signs that simulate movement. 1. Banners. J. Pennants. k. Streamers. 1. Balloons. m. Inflatables. IV. DESIGN GUIDELINES The City of Chula Vista Design Manual and Landscape Manual and the Main Street Streetscape Master Plan shall apply to the Auto Park, including individual parcels. The landscape design of individual parcels shall also be consistent with the approved landscape design of the existing Auto Park. Improvements and landscaping in the Main Street right-of-way and adjacent setbacks shall be consistent with the Main Street Streetscape Master Plan. V. PERFORMANCE STANDARDS AND CONDITIONS The perfonnance standards of the Zoning Code shall apply to land uses in the Auto Park. In addition, the following standards and conditions of operation shall apply to land uses in the Auto Park. A. Hours of Operation The hours of operation/business hours shall be limited to 7:00 a.m. to 10:00 p.m. Monday through Friday and 8:00 a.m. to 10:00 p.m. Saturday, Sunday, and federal holidays. The hours of operation for collision repair facilities shall be limited to 7:30 a.m. to 6:00 p.m., Monday through Friday. B. Promotional Displays and Events Promotional displays and events (Including signs listed in Section IILG.3.) may be allowed for each dealership up to 60 days each calendar year subject to the review and approval of plans by the Zoning Page 8 of 13 .JS AUlD Park Nonh Specific Plan (PCM-02,04) Administrator. C. Deliveries and LoadingfUnloading Deliveries and loading and unloading shall be prohibited in the public right-of-way. D. Outdoor Speakers and Pagers The use of outdoor speakers, intercoms, sound systems, and audible pagers shall be prohibited. E. Test Driving Each dealership shall submit a map designating areas for test driving to the Zoning Administrator for review and approval prior to occupancy. Test driving in residential areas shall be prohibited. F. Canvash Facilities Car washing within the Project area shall only be allowed at an approved carwash facility. Carwash facilities shall include water recycling, and runofflpollution prevention features. G. Facility Maintenance Facilities, grounds, and appurtenant off-site improvements, including buildings, structures, signs, landscaping, irrigation, parking lots, streets, medians, parkways, slopes, and drai~age systems shall be maintained as provided in the covenants, conditions, and restrictions (Section X). H. Rideshare Incentives Businesses shall provide employees with rideshare or alternative commuting incentives. Preferential parking shall be provided for carpools and vanpools. I. Lighting Lighting plans shall be submitted as part of the Design Review process for the development of individual lots. The lighting plans shall be consistent with the plan prepared by Spaulding Lighting, dated December 14,2002. Non-security lighting shall be turned offby 10:00 p.m. Page 9 of 13 j~ Auto Park North Specific Plan (PCM,02,04) VI. INFRASTRUCTURE AND SERVICES A. Water Development shall be consistent with the requirements of the Otay Water District and shall comply with the following water conservation measures: 1) facilities shall be fitted with low flow water fixtures, dual flush toilets, waterless urinals, high-efficiency dishwashers (in restaurants), air-cooled ice machines (in restaurants), conductivity meters (on cooling towers), and pre-rinse sprayers (in restaurants); 2) water efficient landscaping shall be used, including native vegetation and drought tolerant plant materials; 3) water efficient irrigation systems shall be used, including evapotranspiration (ET) controllers, rain sensors, soil moisture measuring devices, low flow emitters, and drip irrigation; 4) carwash facilities shall be equipped with water-recycling features; 5) landscape plans shall comply with the City Landscape Manual, including the preparation of a water management plan; 6) reclaimed water shall be used when feasible; 7) all hot water pipes shall be insulated; 8) pressure reducing valves shall be installed at all meters; and 9) all individual tenants shall be sub metered. Other measures may be proposed pursuant to the City of Chula Vista Water Conservation Plan Guidelines. B. Wastewater Sewer service to the Project site would be provided by the City, which operates and maintains its own wastewater collection system, which connects to the City of San Diego Metropolitan Sewer. System. A sewer study/analysis shall be prepared for all development within the Project. Any necessary easements for the installation, operation, and maintenance of sewer facilities shall be provided. A sewage participation fee and other applicable sewer fees shall be paid at the time of connection to the public sewer. C. Storm Water and Drainage All development shall comply with the City of Chula Vista Stonn Water Management Standards Requirements Manual and shall employ Best Management Practices (BMPs) to prevent pollution of the stonn water conveyance systems, both during and after construction. In addition, all development shall comply with the requirements of the National Pollution Discharge Elimination System (NPDES) Municipal Pennit, including Standard Urban Stonn Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria. A Stonn Water Pollution Prevention Program (SWPPP) shall be implemented concurrently with the commencement of any grading activities in the Project area. D. Solid Waste and Recycling All development plans shall provide recycling and trash enclosures with sufficient capacity to provide for the separate collection of trash, mixed paper, rigid container, and yard waste generated by each business with not more than five weekly collection stops per material per week. Enclosures shall be sized pursuant to the Recycling and Solid Waste Plan Guide. A solid waste and recycling plan for each business shall be submitted to the Special Operations Manager forreview and approval Page 10 of 13 37 Auto Park North Specific Plan (PCM,02,04) prior to construction. Automotive businesses may take part in the City sponsored State Certified Used Oil and Filter Drop Off Program. E. Energy Energy-efficient measures shall be incorporated into all development plans pursuant to established building efficiency programs or a custom program using construction methods that exceed California Title 24, Part 6, Energy Efficiency Standards by at least 10 percent. F. Streets and Circulation Main Street is designated as a prime arterial. The development of the Project site and appurtenant off-site facilities shall be consistent with the standards and specifications for this roadway classification, unless otheIWise modified by discretionary action. Signalized intersections shall be provided at all Main Street intersections to allow for protected turning movements. Street alignments and intersections shall be considered and coordinated with the alignments and intersections of streets on the south side of Main Street. Driveway access shall not be allowed along Main Street. The numbers and locations of driveway approaches shall be minimized. Parallel on-street parking shall be allowed within the Project boundaries. Public transit improvements shall be integrated into the Project design as detennined by the responsible transit agencies. These improvements may include, but are not limited to, bus turnouts, shelters, and benches. Pedestrian, bicycle, and other transportation modes shall be accommodated as appropriate or rcquired within the public right-of-way and on individual lots. All improvements shall meet ADA requirements for parking and accessibility. Page II of 13 38 Auto Park North Specific Plan (PCM-02,04) VII. IMPLEMENTATION A. The City's review of appl.ications and plans shall be governed by the provisions of this Specific Plan, any existing or future agreements, the adopting ordinances and resolutions, and applicable federal. state, or local ordinances. B. Modifications to provisions of this Specific Plan maybe made by the Zoning Administrator upon findings of substantial confonnance with this Specific Plan. Ifthe Zoning Administrator is unable to make findings of substantial confonnance, then an amendment of this Specific Plan may be proposed (Section IX). C. Subsequent to the adoption of the Auto Park North Specific Plan and final map approvals, development plans for individual parcels shall be submitted to the Design Review Committee for review and approval pursuant to the design review process of the Zoning Ordinance and prior to the issuance of pennits for the parcel. D. All required off-site improvements, including, but not limited to landscaping, medians, parkways, streets, sidewalks, curbs and gutters, streetlights, traffic signals, signs, utilities, and other facilities, services, and infrastructure, shall be completed prior to issuance of final occupancy. E. All land divisions and consolidations, improvement plans, grading plans, landscape plans, and building plans shall comply with local, state, and federal codes, regulations, standards, and guidelines; this Specific Plan; and any existing or future agreements. VIII. Environmental Review A Mitigated Negative Declaration (MND) has been prepared for the Auto Park North Specific Plan, pursuant to the California Environmental Act (CEQA), finding that the Project with mitigation will not create significant environmental impacts. This environmental document shall be considered adequate and no other environmental review shall be required for subsequent development plans, provided the plans are in confonnance with the Auto Park North Specific Plan. The project revisions and/or mitigation measures contained in the Mitigation Monitoring and Reporting Program (MMRP) shall be implemented by the Project and, where in conflict with the provisions of the Specific Plan or other applicable policies, the MMRP shall apply. IX. Amendments to the Specific Plan The Auto Park North Specific Plan may be amended pursuant to applicable state and local laws, codes, and regulations. X. Auto Dealer Association An auto dealer association shall be established and maintained for the duration of the Project. All auto dealerships and other business and property owners within the Auto Park North Specific Plan shall be required to maintain membership at all times with the association. Articles of incorporation, by-laws, and covenants, conditions, and restrictions (CC&R's) shall be prepared and submitted to the Page 12 of 13 jf1 Auto Park North Specific Plan (PCM-02-04) Redevelopment Agency for review and approval and shall take effect prior to occupancy. The CC&R's shall include provisions for the maintenance and operation of dealerships and all other land uses, including appurtenant rights-of-way and off-site facilities. These provisions shall include maintenance standards for buildings, structures, signs, landscaping, irrigation, parking lots, private streets, medians, parkways, slopes, drainage systems, and all other infrastructure. XI. Enforcement The provisions ofthe Auto Park North Specific Plan shall be enforced pursuant to the provisions for enforcement contained in the Chula Vista Municipal Code. Page 13 of 13 40 ATTACHMENT 5 MITIGATED NEGATIVE DECLARATION (15-02-006) ~{ PLANNING COMMISSION AGENDA STATEMENT Item: Meeting Date: 5/14/2003 L./ ITEM TITLE: Public Hearing: Mitigated Negative Declaration 1S-03-016 and Precise Plan PCM-03-15 to allow for a mixed-use project that includes: (I) 40 lane homes (condominiums); (2) nine loft apartments; (3) 9,000 square feet of retail space; and (4) reductions in parking and open space. The project site is located at 760 Broadway in the Central Commercial, Precise Plan (C-C-P) zoning district. The Developers are Carter Reese Associates and Bitterlin Development Corporation. ( The project requires a Precise Plan in order to develop a functional mixed-use project on a 2.53-acre undeveloped property. The project will provide opportunities for home ownership and rental units and will introduce new commercial/retail uses that should compliment the existing uses in the area. The Precise Plan will allow flexibility ofthe development standards that would enable the developer to develop the property. The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has prepared a Mitigated Negative Declaration for the Precise Plan project. The Resource Conservation Commission recommended adoption of the Mitigated Negative Declaration on April 21,2003. RECOMMENDATION: That the Planning Commission recommends to the Redevelopment Agency, adoption of the attached Mitigated Negative Declaration and the Precise Plan Ordinance, based on the findings and conditions contained therein for the redevelopment of the mixed-use project as described above. DISCUSSION: 1. Background The project site is located at 760 Broadway between 'J' and 'K' Streets and is currently vacant. The site was previously developed with the Fuller Ford dealership. The Redevelopment Agency acquired the property and is currently finalizing the sale of the property to the developer. The project is a Precise Plan proposal for an urban in-fill mixed-use project that will be developed by the development team of Carter Reese & Associates and Bitterlin Development Corporation. Carter Reese Associates have developed mixed-used projects in the City of San Diego inc1uding a rctail/residential project in the Hillcrest area that is simi1ar to the proposed project at 760 Broadway. The proposed project is one of two mixed-use projects currently proposed along Broadway. The other mixed-use project is located at 825 Broadway and includes 41 affordable to low-income rental apartments for senior citizens above retail/commercial uses. / Page 2, Item: Meeting Date: 5/14/03 2. General Plan. Zoning and Land Use Site: North: South: East: West: General Plan Retail Retail Retail Retail Residential Zoning C-C-P CoT CoT CoT R-I Current Land Use Vacant Courtney Tires Roadway Inn Various retail/commercial Residential 3. Proposal The project will be developed on a 2.53-acre site that is within the City's Southwest Redevelopment Area. The project includes 40 lane homes (condominiums), and nine loft apartments above 9,000 square feet of retail space. The lane homes will be located behind the loft/retail building. A 24-foot driveway will separate the two uses. The homes are arranged in eight rows of five dwellings with an east/west orientation, and are designed as three-story dwelling units consisting of a two-car garage and family room at ground level with the remaining livable floor space at the second and third levels. The homes range between 1,450 to 1,650 square feet. Each lane home will have approximately 400 square feet of open space, which consists of a balcony and rear yard. Although the lane homes will appear as attached units there will be a narrow physical separation that will allow each unit to function as an independent single-family dwelling. The loft apartments will have a floor area of 1,150 square feet. Two carports containing six spaces each will provide parking for the lofts. The lofts will be located above the rctail buildings and will reach a height of approximately 40 feet. Two 1,020 square foot terraces will be built on top of the carports to provide common open space for the loft residents. The terraces will be connected with an above ground walkway located at the rear of the buildings that will allow access to the terraces and lofts. Other on-site improvements include landscaping, lighting, drainage facilities, paved parking, retaining walls and a 6-foot high masonry wall along the west property line. 4. Development Standards The mixed-use development project has been evaluated using the CC zone development standards for the retail/commercial component and the R - 3 zone standards for the residential component. Standards-CC-CZonel Minimum Reouired Pro nosed Front Yard Setback 25 teet Retail: 10 feet' Ex!. Side Yard Setback None None Rear Yard Setback: None None Hei!!ht: 45 feet Retail: 18 feet Parkin!! (oft~street): 45 SDaces 46 SDaces ~ Page 3, Item: Meeting Date: 5/14/03 Standards (R-3 Zone) Minimum Proposed Renuired Front Yard Setback 15 feet Lane Homes: 80 feet Lofts: 0 feet* Side Yard Setback 17 feet Lane Homes: 9 feet* Lofts: 70 feet Rear Yard Setback: 15 feet Lane Homes: 3.5 teet* Lofts: N/ A Height: 28 feet Lane Homes: 35 feet* Lofts: 40 feet* Parking: SFD: 80 spaces Lane Homes: 80 spaces Lofts: 14 snaces Lofts: 12 spaces* *Requested flexibility from the CC and R-3 zones per Sections 19.56.040 and 041 of the Chula Vista Municipal Code. ANALYSIS: Precise Plan Section 19.56.041(B) states that the property or area to which the P modifying district is applied to an area adjacent and contiguous to a zone allowing different uses, and the development ofthe Precise Plan will allow the area designated to coexist between land uses which might otherwise prove incompatible. The zones surrounding the site include Thoroughfare Commercial (C- T) to the north and south, which allows a variety of retail and commercial uses, and Single Family Residential (R-l) to the west, which is developed with single-family dwellings. The site is zoned Central Commercial with a Precise Plan modifier (C-C-P) and is subject to the development standards of the C -C and R-3 zone because the project is a mixed-use retail/commercial and residential development. The development standards limit the developer's potential to maximize the use of the site with the project. As a result, the project has been designed with a high density rcsidential concept and zero lot line for the retail uses with building encroachments into the required setbacks, a reduction in the required common open space square footage for some residential units and the reduction in number of on-site parking spaces. These deviations are warranted given the constraints to the site and the intent to develop the site with a functional use to meet the policies of the General Plan. The mixed-use project's site design allows the proposed uses to function cohesively with the surrounding uses, while visually and economically enhancing the area and promoting a beneficial development for the general welfare of the citizens in the area and the City. The Precise Plan can allow the project to deviate from the development standards in an effort to develop the site with a fcasible mixed-use project. General Plan Consistency The project has been evaluated in accordance with the Chula Vista Design Manual (CVDM) and with the goals and objectives of Chapter 10 Section 5.9, ofthe General Plan. This section states that 3 Page 4, Item: Meeting Date: 5/14/03 medium to high density residential development is potentially desirable along certain sections of Broadway. The General Plan states that mixed-use development should consider access, appropriate setbacks and screening from any adjacent non-compatible uses. and that implementation of this policy should consider a special zone or land use overlay that would establish specific development criteria for project design. The project's design and intent to maximize the use of the site with a functional mixed-use project is slightly deficient in meeting the setback, residential parking and common open space requirements of the Zoning Ordinance. The Precise Plan will allow the project to deviate from the Zoning Ordinance development standards if the Planning Commission and the Redevelopment Agency find that the project warrant the deviations in order to meet the objectives of the General Plan. Lane Home Setbacks: The lane homes are subject to the R-3 development standards with regard to setbacks. The homes will have 9-foot side yard and 5-foot rear yard setbacks from the north, south and west properly lines respectively. In this case, the required side yard and rear yard setbacks are 17 feet and 15 feet respectively therefore; the project does not meet the residential setback standards. Staff and the DRC believe the reduction in the setback standards is warranted by the design and purpose of the project and its relation to the surrounding uses. Retail/Loft Building Setbacks: The project is subject to the C-C zone 25-foot front yard setback requirement. The project proposes a zero lot line setback from the public right-of-way along Broadway. The project does not meet the building setback standards. However, the project's proposed front yard setback is similar to the setbacks of other retail/commercial buildings along Broadway. The reduced setback for this mixed- use project is in keeping with a more urban style of development envisioned for sections of Broadway as part of the revitalization of this major thoroughfare. Parking: The project will provide 138 on-site parking spaces for the residential and retail uses. Approximately 20 additional parking spaces will be available on Broadway to provide additional parking, which includes loading spaces for the retail/commercial uses. The Planning Commission and the Redevelopment Agency in their consideration of the Precise Plan will decide on what the appropriate parking should be. The C -C zone development standards require the project to provide 139 off-street parking spaces therefore; the project does not meet the parking standard. However, the Precise Plan can allow the curbside street parking to compensate for the off-street parking shortage. Two passageways that separate the retail building into three units have been designed to provide adequate access for patrons who park at the rear of the retail buildings. Common Open Space: The project will provide private yards for each lane home unit and approximately 2,040 square feet of common open space for the loft apartments. The open space consists of two above ground r.f Page 5, Item: Meeting Date: 51] 4/03 terraces (1,020 square feet each) that have been designed to for outdoor lounging and passive recreation this calculates out to 226 square feet per unit. The residential component of the mixed- use project is subject to the R-3 zone development standards. In this case, the common open space requirement, which is 400 square feet per unit (400 s.f. x 9 units = 3,600 s.f.), applies to the loft, therefore; the project does not meet the common open space standard. However, the Precise Plan can allow for the common open space shortage in keeping with the urban concept proposed by the project. Staffhas researched other jurisdiction standards for open space and found that generally a lower ratio is allowed for higher density projects. Typically, these standards range from 100 to 200 square feet per unit. Based on this information, staff is recommending adoption ofthe modified standards for the proposed terraces as meeting the open space requirements for the loft units. Additionally, each unit has been designed with a balcony intended for private open space use. CONCLUSION: The mixed-use project is a unique urban-infill project that introduces new retail and residential uses along Broadway. The project design and intent to maximize the use of the site with a functional development does not allow the project to meet the development standards in the C-C and R-3 zones, which include residential parking, common open space and building setbacks. However, the deficiencies are minor therefore; staff is recommending approval of the deviations requested through the Precise Plan. Staffbelieves that the project will enhance the area and potentially become a model for architectural design for future development north ofL Street along Broadway. Staff recommends that the Planning Commission recommend adoption of the Mitigated Negative Declaration and approval of the Precise Plan to the Redevelopment Agency. ATTACHMENTS: Locator Map 2. Notice of Decision 3. Draft Planning Commission Resolution 4. Draft Redevelopment Agency Precise Plan Ordinance 5. Mitigated Negative Declaration J'\Planning\Michael\PLT Reports\PCM-03-15 ) ATTACHMENT 1 \~ ,I \ ~ ------ ,'-....... '-.------ C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: ~ APPLICANT: CARTER REESE & ASSOCIATES MISCELLANEOUS W/INITIAL STUD.... PROJECT 0 ADDRESS: 760 BROADWAY Request: Precise Plan for a mixed-use project consisting of retaiVcommercial with 9 loft apartments above and 40 SCALE: FILE NUMB"", condominiums at the rear on undeveloped contiguous parcels NORTH No Scale PCM-03-15 Related Case(s): 18-03-016 i:\home\Dlannina\cherrvlc\locators\ocm0315.cc'r 11 'Jfi 07 ATTACHMENT 2 ~~f? ~ :~~~ Design Review Committee CITY OF CHUIA VISTA NOTICE OF DECISION On PCM-03-15 (Urban Village) Notice is hereby given that the City of Chula Vista Design Review Committee has considered PCM-03-IS, a Precise Plan for a mixed-use project that includes 40 lane homes (condominiums) and nine loft apartments over 9,000 square feet of retail space. The retail and apartments will face Broadway and the lane homes will be located at the rear, adjacent to residential uses. The project site is located in a Central Commercial, Precise Plan (C-C-P) zoning district. The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has prepared a Mitigated Negative Declaration for the project. The Resource Conservation Commission (RCC) recommended adoption of the Mitigated Negative Declaration on April 21, 2003. The Design Review Committee recommends approval of said request to the Planning Commission and City Council based upon the following findings of facts and evidence: 1. That the proposed development is consistent with the intent and the development regulations of the C-C-P (Central Commercial within a Precise Plan Overlay) zone, the General Plan and the California Environmental Quality ACT (CEQA). The site will be developed with a mixed-use project that includes 49 residential units and 9,000 square feet of retail space. These uses have specific parking requirements. The project's design and the developer's intent to maximize the use of the 2.S-acre lot by developing the lot with a functional mixed-use project precludes the project from meeting the development standards of the C-C zone with regarding to parking, building setbacks and open space. The developer has designed the mixed-use project to be in substantial conformance with the intent of the General Plan. thereby satisfying Section 19.56.040 of the CYMC that a Precise Plan allows diversification and flexibility from the applicable development regulations for a proj ect. 2. The design features of the proposed renovations are consistent with, and are a cost effective method of satisfying, the City of Chula Vista Design Manual and Landscape Manual. The design features are consistent with, and are a cost effective method of satisfYing, the City of Chula Vista Design Manual (CVDM) and Landscape Manual. Currently, there are no design requirements for Broadway. However, the mixed-use project has been designed to accomplish the intent of the CVDM, and will introduce building architectural elements and landscaping that will enhance the site's visual presence along Broadway. 7 PASSED AND APPROVAL RECOMMENDED BY THE DESIGN REVIEW COMMITTEE OF THE CITY OF CHULA VISTA, CALIFORNIA, the 21 st day of April, 2003, by the following vote, to-wit: AYES: NOES: ABSTAIN: ABSENT: ATTEST: John Schmitz, Zoning Administrator Rosemarie Rice, Design Review Committee Secretary y 2 ATTACHEMENT 3 RESOLUTION NO. PCM 03-15 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMEDING THAT THE CITY OF CHULA VISTA REDEVELOPMENT AGENCY ADOPT MITIGATED NEGATIVE DECLARATION (IS-03-16) AND APPROVE A PRECISE PLAN (PCM-03-1S) ALLOWING THE DEVELOPMENT OF A RESIDENTIAL AND RETAIL MIXED- USE PROJECT LOCATED AT 760 BROADWAY IN THE CENTRAL COMMERCIAL, PRECISE PLAN (C-C-P) ZONE. WHEREAS, a duly verified application for a Precise Plan was filed with the City of Chula Vista Planning Department on November 13, 2002, by Carter Reese & AssociateslBitterlin Development Corporation "Developer"; and WHEREAS, said Developer requests approval of a Precise Plan to allow for a mixed-use project that includes 40 lane homes (single-family dwellings) and nine loft apartments above 9,000 square feet ofretail/commercial space, open space and off-street parking. The project site is located in a Central Commercial, Precise Plan (C-C-P) zoning district; and WHEREAS, the Environmental Review Coordinator, in compliance with the California Environmental Quality Act (CEQA) has prepared a Mitigated Negative Declaration that has been recommended for adoption by the Resource Conservation Commission on April 21, 2003; and WHEREAS. the Planning Director set the time and place for a hearing on said Precise Plan 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 14, 2003, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, after considering all reports, evidence, and testimony presented at said public hearing with respect to the Precise Plan application, the Planning Commission voted _ to recommend adoption of the Mitigated Negative Declaration (IS-03-16) and approval of the Precise Plan (PCM-03-15). NOW. THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION does hereby recommend that the Redevelopment Agency adopt the attached Mitigated Negative Declaration (IS-03-16) and Ordinance approving Precise Plan (PCM-03-15) in accordance with the findings and subject to the conditions contained therein. 9 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the Redevelopment Agency and the Developer. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 14th day of May 2003, by the following vote, to wit: AYES: NOES: ABSTAIN: Russell Hall, Chair ATTEST: Diana Vargas, Secretary J\PlanmnglMichael\PC(' Reports\PCM-03-15 10 A TT ACHMENT 4 ORDINANCE NO. ORDINANCE OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ESTABLISHING DEVELOPMENT STANDARDS FOR PRECISE PLAN PCM-03-15 KNOWN AS BROADWAY URBAN VILLAGE CONSISTING OF 40 LANE HOMES AND NINE LOFT APARTMENTS ABOVE 9,000 SQUARE FEET OF RETAIL/COMMERCIAL SPACE. 1. RECITALS A. Project Site WHEREAS, the area of land, which is the subject of this Ordinance is diagrammatically represented in Exhibit "A" and incorporated herein by this reference, and for the purpose of general description herein consist of 40 lane homes and nine loft apartments above 9,000 square feet ofretail/commercial space known as Broadway Urban Village, and located at 760 Broadway ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, on November 13, 2002, Carter Reese Associates and Bitteriin Development Corporation ("Developers") filed a Precise Plan application with the Planning and Building Department of the City ofChula Vista for a mixed-use project in the Central Commercial zoning district ("Project"); and C. Prior Discretionary Approvals WHEREAS, the Design Review Committee meeting was scheduled and advertised for April 21, 2003, at 4:30 p.m. in the Council Chambers, 276 Fourth Avenue at which time the Design Review Committee voted 3-0 recommending that the Redevelopment Agency adopt the Mitigated Negative Declaration (IS-03-0 16) and approve the Precise Plan project based on the findings and subject to the conditions listed below, in accordance with Planning Commission Resolution (PCM-03-15); and WHEREAS, the Planning Commission held an advertised public hearing on the Project on May 14, 2003, and, after considering all reports, evidence and testimony presented, voted to recommend that the Redevelopment Agency adopt the ordinance approving the Project, in accordance with the Development regulations shown in Exhibit "B" based on the findings listed below; and, D. Planning Commission Record on Applications WHEREAS, a duly called and noticed public hearing on the Project was held before the Redevelopment Agency of the City of Chula Vista on the Project and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same; and, fJ Ordinance Page 2 WHEREAS, the Planning Department set the time and place for a hearing on said Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 ft. of the exterior boundary of the project, at least ten (10) days prior to the hearing; and, WHEREAS, The proceedings and all evidence introduced before the Planning Commission at the public hearing on this project held on May 14, 2003, and the minutes and resolution resulting there from, are hereby incorporated into the record of this proceedings; and, E. Redevelopment Agency Record on Applications WHEREAS, the City Clerk set the time and place for the hearing on the Project applications and notices of said hearings, together with its purposes given by its publication in a newspaper of general circulation in the city. and its mailing to property owners within 500 ft. of the exterior boundaries of the Project site at least ten days prior to the hearing; and, F. Discretionary Approvals and Ordinance WHEREAS, at the same Redevelopment Agency meeting at which this Ordinance was introduced on June 3, 2003, the Redevelopment Agency of the City Of Chula Vista approved Ordinance Number _by which it approved a Precise Plan for a mixed-use project known as Broadway Urban Village. II NOW, THEREFORE, the Redevelopment Agency of the City Chula Vista does hereby find, determine and ordain as follows: CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-03-016) has been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City Of Chula Vista, and hereby adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-03-0 16). INDEPENDENT JUDGEMENT OF CITY COUNCIL The City Council does hereby find that in the exercise of their independent review and judgment, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (JS-03- 016) in the form presented has been prepared in accordance with requirements of the California Environmental Quality Act and the Environmental Review Procedures of the City ofChula Vista and hereby adopt same. IJ. Ordinance Page 3 B. PRECISE PLAN FINDINGS 1. That such use wilJ not under the circumstances of the particular casc be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The project has been evaluated in accordance with the goals and objectives of Chapter 10 Section 5.9 of the General Plan, which encourages mixed-used development along Broadway. The mixed-use project will introduce new retail uses, rental units and market rate for sale dwelling units that wilJ provide an opportunity for homeownership in the area. This will benefit the surrounding area economically, socially and aesthetically. 2. That such plan satisfies the principle for application of the P modifying district as set forth in CVMC 19.56.041. The site is zoned Central Commercial with a Precise Plan modifier (C-C-P) and is subject to the development standards of the C-C and R-3 zone because the project is a mixed-use retail/commercial and residential development. These deviations are warranted given the constraints to the site and the intent to develop the site with a functional use to meet the policies of the General Plan. 3. That any exceptions granted which may deviate from the underlying zoning requirements shall be warranted only when necessary to meet the purpose and application of the Precise Plan. Development of the lot using the development standards of the C-C and R-3 zone would limit the potential to maximize the use of the site with a mixed-use project. As a result, the project has been designed with a high density residential concept and zero lot line for the retail uses with building encroachments into the required setbacks, a reduction in the required common open space square footage for some residential units and the reduction in number of on-site parking spaces. These deviations are warranted given the constraints to the site and the intent to maximize the use of the property to meet other policies of the General Plan. The parking reduction is mitigated by the availability of on- street parking convenient to the retail uses proposed. 4. The approval ofthis plan will conform to the General Plan and the adopted policies of the City Of Chula Vista. The project has been evaluated in accordance with the goals and objectives the Southwest Redevelopment Project Area and Chapter 10 Section 5.9 of the General Plan relative to mixed-use development along Broadway. The Precise Plan as described, will allow the project to be consistent with the goals and objectives of the General Plan and the Chula Vista Municipal Code. 13 Ordinance Page 4 C. TERMS OF GRANT OF PRECISE PLAN The Redevelopment Agency hereby grants Precise Plan PCM-03-1S for project depiction in Exhibit "A", and controlled by the Development Regulations in Exhibit "B", and subject to the fol1owing conditions: Planning and Building Department 1. The Developer shall install temporary erosion control devices including desilting basins, berms, hay bales, silt fences, dikes and shoring during construction activities. 2. The Developer shall implement to the satisfaction of the Director of Planning and Building and the City Engineer al1 mitigation measures identified in the 760 Broadway Village-Mitigated Negative Declaration (IS-03-016) and Mitigation Monitoring and Reporting Program. 3. The Developer shall submit the design and colors for all buildings prior to the issuance of any building permits to the Planning and Building Department for review and approval. 4. The Developer shall comply with all requirements of the Building Division including the following codes for 200 I: . California Building Code . California Plumbing Code . California Mechanical Code . California Electrical Code . Energy Code . Handicap Accessibility Code 5. The Developer shall submit a concept landscape plan for review and approval by the City's Landscape Planner to include the following to satisfy the City requirements: A. Plant IS-gallon Woody shrubs B. 24-inch boxed sized street, accent and patio trees C. Tree grates shall meet or exceed City requirements. D. Any proposed street tree and planting design shall meet Public Works operations standards. E. Move the internal sidewalk towards the parking lot curb edge to provide large usable planter areas. Ii Ordinance Page 5 F. Provide additional landscape treatment to the building elevation that faces Broadway. G. Incorporate trellises or other architectural elements to storefronts. H. Provide details of the storefront areas to indicate potential locations for street furniture or sidewalk seating areas. Note: Any proposals that extend into the City right-of-way will also require an encroachment permit from the City Engineer. 1. Add canopy trees along the storefronts. J. Bring the architectural paving shown inside the complex through the passageways out into the Broadway elevation paving. K. Provide a Water Management Plan per requirements of the City Landscape Manual during building permit submittal. 6. The Developer shall apply for and obtain approval of a planned sign program from the Director of Planning and Building prior to the issuance of any grading or building permits. 7. The Developer shall establish Covenants, Conditions & Restrictions (CC&Rs) and a Home Owners Association for the residential uses on the properties. 8. The Developer shall pay all applicable fees including PAD fees as required by Municipal Code Chapter 17.10. 9. Prior to leasing any retail space, the Developer shall submit written restrictions for hours of operation for the tenants of the retail/commercial uses to the Director of Planning for review and approval. The hours of operation shall be such that there is no conflict with the residential units. Engineering Department 10. The Developer shall submit improvement plans prepared by a registered Civil Engineer and obtain a development penl1it to perform any work in the City's right of way or public utility easements. II. The Developer shall submit a detailed grading plan in accordance with the Chula Vista Grading Ordinance to the satisfaction of the City Engineer. 12. The Developer shall ensure that the development of the Project complies with all applicable regulations established by the United States Environmental Protection Agency (USEP A) as set forth in the National Pollutant Discharge Elimination System (NPDES) permit requirements for urban runoff and storm water discharge, and any regulations adopted by the City of Chula Vista pursuant to the NPDES regulations and requirements. The Applicant shall file a Notice of Intent (NOI) with the State Water Resources Control Board to obtain coverage under the NPDES General Pern1it of Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction ('j Ordinance Page 6 and post-construction pollution prevention and pollution control measures, and shall identify funding mechanisms for post-construction control measures. 13. The Developer shall ensure that the development complies with the NPDES Municipal Pennit Order No. 2002-01 requirements and apply Standard Urban Stann Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria. Adequate provisions shall be made in the planning and design stages of the project to facilitate compliance with such requirements. 14. The Developer shall obtain a grading permit in accordance with the Subdivision Manual and Grading Ordinance prior to the issuance of any building pennits. 15. The Developer shall be required to complete the applicable forms and comply with the City of Chula Vista's Storm Water Management Standards Requirements Manual. 16. The Developer shall implement Best Management Practices (BMPs) to prevent the pollution of storm water conveyance systems, both during and after construction. Permanent storm water requirements shall be incorporated into the project design, and shall be shown on the plans. Any constmction and non-structural BMPs requirements that cannot be shown graphically must be either noted or stapled on the plans. 17. The City of Chula Vista requires that all new development and significant redevelopment projects comply with the requirements of the NEPDS Municipal Permit, Order No. 2001-01. According to said Permit, all projects falling under the Priority Development Project Categories are required to comply with the Standard Urban Stonn Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria. 18. The Developer shall identify storm water pollutants that are potentially generated at the facility, and purpose Best Management Practices (BMPs) that will be implemented to prevent such pollutants from entering the storm drainage systems. 19. A Soils Report shall be prepared by a registered geotechnical or soils engineer to determine soil conditions and to provide foundation and pavement recommendation to the satisfaction of the City Engineer. 20. Prior to the issuance of building and grading permits, the Developer shall submit a Constmction Storm Water Management Plan (CSWMP) per the City of Chula Vista's Storm Water Management Standards Manual. 21. Prior to the issuance of building and grading permits, the Developer shall submit a Geotechnical Investigation. 22. A drainage study shall be prepared, which demonstrates the amount of flows contributed by the Project and the adequacy of facilities to handle the flows. Post- development flows shall not exceed pre-development flows. In addition, the project shall be designed such that flows are directed away from neighboring properties. 16 Ordinance Page 7 23. A hydrology study shall be required at the first submittal of grading/improvement plans that demonstrates that post-development flow rate does not exceed the pre- development flow rate at the outlet of the site. 24. The Developer shall apply Best management Practices (BMPs) to prevent pollution of the storm drain systems during and after construction. 25. Water quality and watershed protection principals shall be incorporated into the design of the project. Such measures shall minimize the discharge of pollutants into the storm drainage systems. 26. A water quality study shall be required demonstrating compliance with the requirements of the National Pollutant Discharge Elimination System (NPDES) Municipal Permit including Standard Urban Storm Water Mitigation Plans (SUSM) and Numeric Sizing Criteria requirements. Special Operations 27. The Developer shall develop and implement an integrated solid waste and recycling plan acceptable to the Special Operations Manager. The plan shall be designed to divert at least 50 percent of the waste stream generated by the project through participation in the City's residential recycling, yard waste, bulky pick up and household hazardous waste programs outlined in Sections 8.24 and 8.25 of the Chula Vista Municipal Code and the California Integrated Waste Management Act of 1989. Sweetwater Authority 28. Prior to the issuance of building permits, the Applicant shall obtain a letter from the Chula Vita Fire Department stating fire flow requirements and submit the letter to the Sweetwater Authority for review. Chula Vista Elementary School District 29. The Applicant shall pay the appropriate school fees prior to the issuance of building permits. Standard Conditions 30. Any violations of the terms and conditions of this Ordinance shall be grounds for revocation or modification of development permits. 31. This development permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this Ordinance to be reviewed by the City for additional conditions or revocation. 32. Any deviation from the above noted conditions of approval shall require approval from the Redevelopment Agency. I; Ordinance Page 8 33. The Developer shall and does hereby agree to indemnify, protect, defend and hold hannless the City, Redevelopment Agency, Council members, its officers, employees and representatives, from and against any and all liabilities, losses. damages. demands, claims and costs, including court costs and attorney's fess (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval of the Precise Plan, (b) City's approval or issuance of any other pennit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Applicant's installation and operation of a facility pennitted hereby, including, without limitation, ant and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. Developer shall acknowledge their agreement to this provision by executing a copy of this Precise Plan where indicated below. Developer compliance with this provision is an express condition of this Precise Plan and this provision shall be binding on any and all of applicant's/operator's successors and assigns. 34. The site shall be developed and maintained in accordance with the final approved plans which will include revised site plans, architectural elevations, exterior materials and color board, and landscape plans on file in the Planning Division, the conditions contained herein, and the Chula Vista General Plan. 35. Approval of this request shall not waive compliance with all sections of Title 19 of the Municipal Code, and a1l other applicable City Ordinances in effect at the time of building pennit issuance. 36. This Precise Plan pern1it shall be subject to any and all new, modified or deleted conditions imposed after approval of this pennit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Pennittee and after the City has given to the Pennittee the right to be heard with regard thereto. However. the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive the Pern1ittee of a substantial revenue source which the Pennittee cannot, in the nonnal operation of the use pennitted, be expected to economically recover. 37. The Developer shall be responsible for the building and landscaping maintenance in accordance with the approved project and landscape plans unless the Redevelopment Agency approves modifications. E. EXECUTION AND RECORDA TTON OF RESOLUTION OF APPROVAL The Developer shall execute this document by signing the lines provided below, said execution indicating that the property owner and applicant have each read, understood and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego. at the sole expense of the property owner and/or applicant, and a signed, stan1ped copy returned to the City Clerk If Ordinance Page 9 and Planning Department. Failure to return a signed and stamped copy of this recorded document within ten days of recordation to the City Clerk shaJl indicate the property owner/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the City Clerk' Office and known as Document No. Signature of Property Owner of 760 Broadway Date Signature of Representative Date F. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Redevelopment Agency that its adoption of this Ordinance is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shaJl be deemed to be automaticaJly revoked and of no further force and effect ab initio. III. APPROV AL OF PRECISE PLAN The Redevelopment Agency does hereby approve the Precise Plan as depicted in Exhibit "A", and including property Development Regulation for Broadway Urban Village, as represented in Exhibit "B". Ill!. EFFECTIVE DATE This ordinance shaJl take effect and be III full force on the thirtieth day from and after its adoption. Presented by Approved as to form by Robert A. Leiter Planning and Building Director Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the Redevelopment Agency of the City of Chula Vista, California, this 3rd day of June, 2003, by the foJlowing vote: (c; Ordinance Page 10 AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: ATTEST: Laurie Madican, Secretary STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) Steve Padilla, Chair I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. had its first reading at a regular meeting held on the 3rd day of June 2003 and its second reading and adoption at a regular meeting of said Redevelopment Agency held on the _ day of 2003. Executed this _ day of _ 2003. Susan Bigelow, City Clerk ;),{) Exhibit "A" BROADWAY DE!;I~NAnD,OAD'NGlotl!(]O') ;I<"''''m,,'(R O~IV~/lY ! ?~" If! \\i '... \ \ \, -REi AfL/9.000 S.r:~ lOFTS OVER/9@ 1 150 S F. _. . "" I'A~~(iI(;- 1 . ~ ,.. , ~ . [ .. I ! ,.~,o'.f ! .. II ~ !.m,oIJ ~ c.J ] m . ~:. ~ < 1.'~crG .~~~ ~fJ II '-6T>'P 'i, ,\,!.1" '.~~i'';} .! '> ] -" L II J .. . r I ~\ou eLl Exhibit "B" DEVELOPMENT STANDARDS A. Broadway Urban Village The following chapter details the specific development standards and regulations for development and individual residential lot improvements, the loft apartments and the commercial/retail buildings within Broadway Urban Village. This Precise Plan is intended to work in conjunction with the development standards in the City of Chula Vista's Zoning Ordinance (Title 19). Any information not shown within the Precise Plan should be referenced in the City of Chula Vista Municipal Code Chapter 19.28 Apartment Residential (R - 3) zone and Chapter 19.3 6 Central Commercial (C -C) zone. Residential 1. Allowed Uses Allow uses shall be those that are identified in the R-3 zone as permitted uses, accessory uses and buildings and conditional uses except: electrical substations and gas regulators. 2. Development Standards The following development standards shall apply to all land and buildings within the R-3 zoning district. Dimensions and standards shown in Table I are allowed. Where in conflict with the R-3 zone development standards, the standards outlined in this Precise Plan take precedence; where a particular item is not addressed in the Precise Plan, the R-3 zone development standards shall be used. Where building setback, parking and open space requirements are in conflict, the lot specific map (Exhibit "A") shall supercede the R-3 zone requirements. CommerciallRetail 1. Allowed Uses Allow uses shall be those that are identified in the C-C as permitted uses, accessory uses and buildings and conditional uses except: electrical substations, gas regulators and any automobile related uses. d-d.. 2. Development Standards The following development standards shall apply to all land and buildings within the C-C zoning district. Dimensions and standards shown in Table ] are allowed. Where in conflict with the C-C zone development standards, the standards outlined in this Precise Plan take precedence; where a particular item is not addressed in the Precise Plan, the C-C zone development standards shall be used. Where building setback, parking and open space requirements are in conflict, the lot specific map (Exhibit "A") shall supercede the C-C zone requirements. ~ TABLE 1 Precise Plan Development Standard for Lane Homes Lot Criteria Lot area (minimum) 1,200 s.f. Lot coverage (maximum) 70 percent Lot depth (minimum) 50 feet Lot width (minimum) 24 feet FAR (maximum) 1.67 percent or 2,011 s.f. Setbacks from Property Lines Front yard (minimum) None required Side yard (minimum) None required Rear yard (minimum) 15 feet Maximum heiqht 35 feet No accessory structures are N/A permitted on individual lots Parking 2-car aarages/unit Minimum open space 390 s. f./unit Fencing 6 feet (3.5-foot high wood/2.5-foot high lattice) Development Standard for Lofts/Retail Uses Building Setbacks Front yard (minimum) None required Side yard (minimum) None required Rear yard (minimum) 24 feet Maximum height 45 feet Parking (lofts apartments) 1.5 per unit Parking (retail/commercial) 1 space per 200 s.f. Minimum open space for lofts 2,050 s.f. Notes: Table I figures are based on the information provided on the approved Precise Plan ..Ly - , A TT ACHMENT 5 Mitigated Negative Declaration PROJECT NAME: 760 Broadway ViIlage PROJECT LOCATION: 760 Broadway ASSESSOR'S PARCEL NO.: 571-200-13 through 16 571-200-36 through 58 PROJECT APPLICANT: Carter Reese & Associates; Bitterlin Development Corporation CASE NO.: IS-03-0 16 DATE OF DRAFT DOCUMENT: April 11, 2003 DATE OF RESOURCE CONSERVATION COMMISSION MEETING: DATE OF FINAL DOCUMENT: A. Proiect Setting The project site consists of a vacant 2.53-acre site located in an urbanized area in the central western portion of the city of Chula Vista, at 760 Broadway within the Southwest Redevelopment Area (see Exhibit A - Location Map). The project site has previously been graded and developed for an auto dealership and service center. Land uses surrounding the project site consist of the fo11owing: North: South: East: West: Commercial Retail Use (Tire Shop) Motel Broadway/Col1)jJ1ercial retail uses Single-Family Residences B. Proiect Description The property site is currently owned by the City of Chula Vista pending sale of the site to the applicant upon approval of the proposed project. The proposed project consists of 40 single-family detached condominium lane homes with three bedrooms. two-car garages and 400 square-foot rear yards in the rear portion of the site, and 910ft residential condominium flats above 9,000 square feet of retail space rronting Broadway (see Exhibit B-Site Plan). The total proposed on-site parking is 139 spaces including the 40 two-car garages. The redevelopmcnt of the project site would include landscape treatments, lighting, drainage facilities. paved pzrking lot, street repaIr. right of way Improvements, retaining wa]]s and fencing along rearyards of row homes. Existing retaining wa]] along the west to remain and existing retaining wa]] along the sourhside to remain and be raised to 6- feet. The project site is within the CCP (Central Commercia! "'recise Plan) Zone and CR (Retail Commercial) General Plan designation. The proposal requires "pproval of Design Review, Precise Plen. Special Use Permit and Tentative Map. Tne proposed grading quantities are 3,500 cubic yards cut Jnd 1.000 cubic yards fi]], resuJting in 2.500 nc: cubic yards of export. ~s- '. - '. C. Compliance with Zoning and Plans The existing zoning of the project site is CCD Zone (Central Commercial DistrictJPrecise Plan) and the General Plan designation is CR (Commercial Retail). The proposed project is consistent with the existing zoning and General Plan designation of the property. D. Public Comments On February 25, 2003, a Notice of Initial Study was circulated to property owners within a 500-foot radius of the project site. The public comment period ended on March 6, 2003. No public comments were received during the Notice ofInitial Study public comment period. E. Identification of Environmental Effects An Initial Study conducted by the City of Chula Vista (including an attached Environmental Checklist fonn) detennined that the proposed project would not have a significant environmental effect, and the preparation of an Environmental Impact Report wi]] not be required. This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. Noise Dudek and Associates, Inc. prepared the "Broadway Mixed-Use Traffic Noise Assessment" for the proposed project, dated April 10, 2003. The identified noise generators associated with the proposal consist of the primary noise source, traffic noise from Broadway, and distant traffic noise along Interstate 5, local roads and nearby commercia1/retail uses. Proposec residential development consists of second-story lofts facing Broadway and single-family lane homes immediately to the east. Noise attenuation associated with the intervening commercia1/residential building would partially shield the lane homes that are most affected by traffic noise from Broadway, those adjacent to the main project driveways. With the noise attenuation associated with the partial shielding provided by the intervening buildings, the noise level at these lane homes would be 63 dB CNEL or less. This noise level would comply with the 65 dB CNEL exterior noise criterion. The City of Chula Vista has not adopted any specific numerical noise/land use compatibility levels to establish significance criteria. However, as a matter of policy, the City employs the noise guideline levels set forth in the No;s~ Element of the City of San Diego Progress Guide and General Plan. The City's exterior noise level ctandard for noise-sensItive areas, which include residences, school play areas, and outdoor recreallonal areas is 65 CNEL. The City's exterior noise standard for office buildings and commercial property is 70 CNEL. State Building Code (Pan 2, Title 24) requires that interior noise levels not exceed 45 dB CNEL for multi-family units. An illteric.c noise analysis wi]] be required for the lofts and the lane homes prior to issuance of building pennits to ensure that interior noise levels would not exceed 45 dB CNEL. Compliance with the mitigation measures contained below in Section F would avoid significant interior noise impacts to the lofts and lane homes. ~fo 2 . . 'j Traffic/Circulation Existing Conditions - Impact Analysis According to the "Traffic Impact Analysis1760 Broadway-Chula Vista", prepared by Linscott Law & Greenspan, dated January 16,2003. the residential portion of the project is calculated to generate 490 Average Daily Trips (ADT) with 37 AM peak hour trips and 49 PM peak hour trips. The retail portion of the proposed project is calculated to generate 720 ADT with 30 AM peak hour trips and 72 PM peak hour trips. The total project is calculated to generate 1,210 ADT with a total of 67 AM peak hour trips and 121 PM peak hour trips at the project access driveways. The existing traffic volume on the segments of Broadway fronting the site is 21,900 ADT (LLG 2002). Proposed vehicular access to the project site is via two un signalized driveways connecting directly to Broadway. Broadway is classified as a Four-Lane Major Arterial running north and south. Broadway currently provides two lanes of travel per direction with a Two-Way Left Turn Lane (TWLTL) median in front of the project site. No bike lanes are provided on either side and bus stops run intermittently along Broadway. The intersections of Broadway/J Street and Broadway/K Street are signalized. J Street is classified as a Four-Lane Major Street; no bike lanes are provided and bus stops are provided intermittently along both sides of the roadway. K Street is classified as a Class II Collector Street; no bike lanes or bus stops are provided along K Street. According to the Traffic Impact Analysis, tile street segments of Broadway from J Street to K Street and J Street from 1-5 to Broadway currently operate at Level-of-Service (LOS) A. The signalized intersections at BroadwayIJ Street and Broadway /K Street currently operate at Level-of-Service (LOS) C during both the AM and PM peak hours. Existing Conditions PillS Proposed Project According to the Traffic Impact Analysis. with project-added traffic, Broadway from J Street to K Street would carry 23,110 ADT and would operate at LOS Band J Street from 1-5 to Broadway would carry 16,750 ADT and would operate at LOS B; therefore, both street segments would operate within the LOS "c" City threshold standards. The existing signalized intersections at Broadway/J Street and Broadway/K Street are expected to continue to operate at LOS C. during both the AM and PM peak hours with the addition of project traffic. Based upon the results of the Traffic Impact Analysis. no significant traffic/circulation impacts would result from the proposed project. GeophysIcal The project site has been previously graded and developed with a full-service car dealership. The preliminary grading plans indicate the proponent plans to cut 3,500 cubic yards and fill 1,000 cubic yards. resulting in 2,500 net cubic yards of export. According to the Engineering Department, grading to accommodate the proposed project would require a grading pennit. o::L7 3 . '. The preparation and submittal of a final soils report will be required prior to the issuance of a grading permit as a standard engineering requirement. There are no known or suspected seismic hazards associated with the project site. The project site lies approximately 1.0 mile to the west of the La Nacion Fault Zone. The site is not within a mapped Earthquake Fault Zone. Therefore, project compliance with applicable Uniform Building Code standards would adequately address any building safety/seismic concerns. The potential discharge of silt during construction activities could result in siltation impacts downstream. Appropriate erosion control measures would be identified in conjunction with the preparation of final grading plans and would be implemented during construction. The implementation of water quality best management practices (BMPs) during construction would be required in accordance with NPDES Order No. 2001-0 I. An portions of the development area disturbed during construction would either be developed or would be appropriately landscaped in compliance with the Chula Vista Municipal Code, Sections 19.36.090 and 19.36.110. Compliance with BMPs and NPDES Order No. 2001-01 would be required and would be monitored by the Engineering Department. Therefore, the potential for the discharge of silt into the drainage channel. would be less than significant. Water A final drainage study will be required in conjunction with the preparation of final grading and improvement plans and properly designed drainage facilities will be installed at the time of site development to the satisfaction of the City Engineer. There is an existing curb inlet located east of the project site, along Broadway. The proposed drainage facilities include sheetflowing into the existing 30" and 18" storm drains off-site towards Riverlawn Avenue to the west and the abandonment of the existing 30" storm drain on-site. Best Management Practices (BMPs) and Water Quality and watershed protection principles shall be incorporated into the design of the project. Such measures shall be designed to minimize discharge of pollutants into the storm drainage systems. Preliminary BMPs are proposed along the western property line of the project site. The submittal of a formal drainage study would be required prior to the issuance of construction per~its to demonstrate that existing infrastructure would be adequate to serve the project. Pre-construction and post-construction storm water pollution best management practices (BMPs) will be required to be incorporated into the final grading plans. According to the City Engineering Department, no significant impacts to the City's storm drainage system are anticipated to result from the proposed development. Due to the size and existing condition of the project site, the preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP) would be required per the City of Chula Vista's Storm Water Management Standards Manual. prior to the issuance of a construction permit. Compliance with provisions of the California Regional Water Quality Control Board, San Diego Region Order No. 2001-01 with respect to construction-related water quality BMPs would be required. Based upon the project design, conditions of the Precise Plan and standard engineering requirements. storm drainage and water quality impacts would be reduced less than significant. Air Quality Based upon the relatively minor amount of site grading that would be necessary to accommodate the proposed development and the amount of project-generated traffic that is anticipated, the proposal would not result in the violation of any air quality standard or contribute to an existing or projected air quality violation. The proposed project would potentially generate sufficient construction vehicle emIssions and dust during construction-related operations to result in a short-term significant, but ~ 4 . '. mitigable. impact to air quality. Fugitive dust would be created during construction operations as a result of clearing, earth movement, and travel on W1paved surfaces. Dust control during grading operations would be regulated in accordance with the rules and regulations of the County of San Diego Air PolIution Control District and the California Air Resources Board. Compliance with the mitigation measures outlined below in Section F would reduce this potentialIy significant impact to below a level of significance. Hazards Total recoverable petroleum hydrocarbons (TRPH) impacted soils present on-site associated with hydraulic hoists that were operated in conjunction with the fonner auto repair facility on-site and subsequently removed were analyzed. According to the Soil Characterization Report prepared by Dudek and Associates dated March 2003, native soil totaling approximately 1100 cubic yards was stockpiled on the northwest comer of the project site in 1998 for the purpose of creating a bioremediation celI to treat the TRPH impacted soils. Previous soil investigations prepared by SECOR International Incorporated, dated November 9,1998, indicated the presence of total recoverable petroleum hydrocarbons (TRPH) in the treatment celI soil. At the request of the applicant, a soil characterization study of the soil was conducted on December 4, 2002 anc completed in February 2003 by Dudek and Associates. Inc. The highest TRPH concentration among the soil samples colIected on December 4, 2002 was located in the northeast comer of the project site at a depth of 3 feet. TRPH concentrations detected in the stockpiled soil in December 2002 are comparable to TRPH concentrations detected in 1998. Based on the San Diego County Site Assessment and Mitigation Division and the San Diego County Waste Management regulations, and other reviewing regulatory agency requirements, TRPH impacted soil can be managed in two ways: I) the removal and disposal of the soil off-site in compliance with San Diego County Department of Environmental Health (DEH) regulations; or 2) capping the soil on-site in compliance with Regional Water Quality Control Board (RWQCB) requirements for on-site containment. Compliance with the mitigation measures outlined below in Section F would reduce potentialIy significant impacts associated with development on TRPH impacted soils to below a level of significance. F. Mitigation Necessary to Avoid Significant Impacts Noise - Interior I. Interior acoustical analyses for both the residential lofts and lane homes shalI be submitted by the applicant prior to the issuance of building pennits to ensure that the interior noise levels would not exceed 45 dB CNEL to the satisfaction of the City Environmental Review Coordinator and City Building Official. ~i,-01.:'.lliY 2. Oust reducmg measures shalI include watering of graded surfaces in accordance with the most stringent County of San Diego Air PolIution Control District and California Air Resources Board rul.", and regulations and the restriction of alI construction vehicles and equipment to travel along e,:te':>lished and regularly watered roadways at specified speeds. 3. During construction, stockpiled materials that can potentialIy become airborne shalI be covered or watered in accordance with the most stringent County of San Diego Air PolIution Control District and California ..\ir Resources Board rules and regulations. ~r 5 . . 4. During construction, dirt and debris shal1 be washed down or swept up as soon as practicable to reduce the resuspension of particulate matter caused by vehicle movement over such material. Approach routes to the construction area shal1 be cleaned daily of construction-related dirt and debris. 5. In accordance with California Vehicle Code Section 23114, vehicles transporting loads of aggregate materials must cover/tarp the material, or if not covered, the material must be no nearer than six inches ITom the upper edge of the container area where the material contacts the sides, front, and back of the cargo container area, and the load shal1 not extend, at its peak, above any part of the upper edge of the cargo container area. 6. Construction equipment shal1 be tuned prior to the start of construction and shal1 be maintained in proper working order in order to minimize air pollutant emissions; use of low pol1utant-emitting construction equipment, including electrical-powered equipment, shal1 be used as practical. 7. Soil disturbance and travel on unpaved surfaces shal1 be suspended when wind speeds exceed 25 miles per hour. Hazards 8. Prior to issuance of a grading pennit, the applicant shal1 demonstrate to the satisfaction of the City Environmental Review Coordinator that the TRPH impacted soils stockpiled on-site will be properly managed prior to site development in accordance with one of the fol1owing two options: a. Option #l/Orr-Site Disposal TRPH impacted soils shal1 be hauled offsite and disposed of at a Class III landfill. Copies of al1 laboratory data and waste manifests, or other transportation documents generated for the soil disposal. must be submitted to the San Diego County Department of Environmental Health (DElI) to demonstrate the proper handling and disposal of contaminated soils. b. Option #2/0n-Site Containment The applicant shal1 enter the County of San Diego Department of Environmental Health (DEH) Site Assessment and Mitigation Voluntary Assistance Program and obtain a closure or concurrence letter ITom DEH acknowledging the proper containment of the TRPH impacted soils on site and submit a copy of the closure or concurrence letter to the City Environmental Review Coordinator. TRPH impacted soils can be left undisturbed in its original location, however, the current surface condition of the stockpile would require construction of a surface liner or cap to prevent rainfal1 infiltration and/or surface water runoff. The soil can be moved to another location on-site and col1ectively placed within a containment area employing certain engineering controls to contain the soil in accordance with the Regional Water Quality Control Board (RWQCB) Resolution No. 95-63 for the on-site disposal of TRPB impacted soils. G. Consultation 1. Individuals and Organizations City ofChula Vista: Marilyn R.F. Ponseggi. Planning and Building -::;0 6 Paul HeHman, Planning and Building Maria C. Muett, Planning and Building Brad Remp, Planning and Bui]ding Duane Bazzel, Planning and Building Frank Herrera-A. Planning and Building Garry WiHiams, Planning and Building eJifford Swanson, Engineering Frank Rivera, Engineering Silvester Evetovich, Engineering Dave Kaplan, Engineering Joe Gamble. Building & Park Construction G. Edmonds, Fire Department Richard Preuss, Police Department - Crime Prevention Applicant: Carter Reese & Associates; Bitterlin Development Corporation Others: Sweetwater Authority Chula Vista Elementary School District 2. Documents City of Chula Vista General Plan, 1989 Title 19, Chula Vista Municipal Code Broadway Mixed-Use Traffic Noise Assessment, Dudek and Associates, Inc., April 10,2003. Traffic Impact Analysis/760 Broadway-Chula Vista, Linscott Law & Greenspan, January ] 6, 2003. Soil Characterization Report/760 Broadway-Chula Vista prepared by Dudek and Associates, Inc., dated March 2003. 3. Initial Study This environmental determination is based on the attached Initial Study, and any comments received in response to the Notice of Initial Study. The report reflects the independent judgment of the City of Chula Vista. Further infonnation regarding the environmental review of this project is avai1able from the Chub Vista Planning and Bui]ding Department, 276 Fourth Avenue, Chula Vista, CA 9]910. Date: Marilyn R. F. Ponseggi Environmental Review Coordinator 3/ 7 . , ATTACHMENT "A" MITIGA nON MONITORING AND REPORTING PROGRAM (MMRP) 760 Broadwav Villa5<e - IS-03-016 This Mitigation Monitoring and Reporting Program has been prepared by the City ofChula Vista in conjunction with the proposed 760 Broadway Village mixed-use commercial/residential project. The proposed project has been evaluated in an Initial StudylMitigated Negative Declaration prepared in accordance with the California Environmental Quality Act (CEQA) and City/State CEQA Guidelines (IS-03-016). The legislation requires public agencies to ensure that adequate mitigation measures are implemented and monitored for Mitigated Negative Declarations. AB 3180 requires monitoring of potentially significant and/or significant environmental impacts. The Mitigation Monitoring and Reporting Program for this project ensures adequate implementation of mitigation for the following potential impacts(s): I. Noise 2. Air Quality 3. Hazards MONITORING PROGRAM Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinators shall be the Environmental Review Coordinator and City Engineer of the City of Chula Vista. The applicant shall be responsible to ensure that the conditions of the Mitigation Monitoring and Reporting Program are met to the satisfaction of the Environmental Review Coordinator, Building Offical and City Engineer. Evidence in written fonn confinning compliance with the mitigation measures specified in Mitigated Negative Declaration IS-03-016 shall be provided by the applicant to the Environmental Review Coordinator, Building Official and City Engineer. The Environmental Review Coordinator, Building Official and City Engineer will thus provide the ultimate verification that the mitigation measures have been accomplished. Table 1, Mitigation Monitoring and Reporting Program Checklist, lists the mitigation measures contained in Section F, Mitigation Necessary to Avoid Significant Effects, of Mitigated Negative Declardtion IS-03-016, which will be implemented as part of the project. 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Date of Checklist: April 10, 2003 Potentially Significant Impact Potentially Significant Unless Mitigated UsSthan Significant Impact No Impact I. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? o o o II b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? o o o II c) Affect agricultural resources or operations (e.g., impacts to soils or fannlands, or impacts from incompatible land uses)? d) Disrupt or divide the physical arrangement of an established community (including a low- income or minority community)? o o o II o o o II Comments: a) Under the current General Plan and Zoning Ordinance, the project site is designated CCP (Central Commercial/Precise Plan) and is zoned CR (Retail Commercial). The project site is located within the Southwest Redevelopment Plan. The proposal has been reviewed and has been found to be consistent with the Zoning and General Plan designations of the project site and the Southwest Redevelopment Plan. b) The proposal would not conflict with any applicable adopted environmental plans or policies. Furthermore, the proposal would not encroach into or indirectly affect the Habitat Preserve I ~) area of the Draft City ofChula Vista Multiple Species Conservation Program Subarea Plan, dated October 2002. c) The project site is neither in current agricultural production nor adjacent to property in agricultural production and contains no agricultural resources. d) The proposed development of a mixed-use project would not disrupt or divide the established adjacent community or surrounding commercial, office, or residential environment. Mitigation: No mitigation measures are required Potentially II. POPULATION AND HOUSING. Would the Potentially Significant Less than Significant Unless Significant N. proposal: Impact Mitigated Impact Impact a) Cumulatively exceed official regional or local 0 0 0 181 population projections? b) Induce substantial growth in an area either 0 0 181 0 directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable 0 0 0 181 housing? Comments: a) The proposed mixed-use project would have no effects upon regional or local population, as it is a relatively minor infill project with a total of 49 dwelling units. b) See Section II.a. c) The existing project site does.l1ot contain any housing; therefore, no displacement of existing housing or removal of affordable housing would occur. Mitigation: No mitigation measures are required. Potentially III. GEOPHYSICAL. Would the proposal result in or Potentially Significant Less than Significant Unless Significant N. expose people to potential impacts involving: Impact Mitigated Impact Impact a) Unstable earth conditions or changes in 0 0 0 181 geologic substructures? b) Disruptions, displacements. compaction or 0 0 181 0 overcovering of the soil? c) Change in topography or ground surface relief 0 0 0 181 features? d) The destruction, covering or modification of 0 0 0 181 any unique geologic or physical features? e) Any increase in wind or water erosion of soils, 0 0 181 0 either on or off the site? f) Changes in deposition or erosion of beach 0 0 0 181 sands, or changes in siltation. deposition or ~6 2 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? Comments~ See Mitigated Negative Declaration, Section E. Mitigation: No mitigation measures 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 course 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? g) Altered direction or rate of flow of groundwater? h) Impacts to groundwater quality? i) Alterations to the course or flow of flood waters? j) Suhstamial reduction in the amount of water othe! ....ise available for public water supplies? Comments: o o o o Potentially Significant Impact PotentiaDy Significant Unless Mitigated No Impact Less than Significant Impact o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o a) The prot'csed gradmg and development of the vacant site would result in changes in absorption rates, drainage patterns, and the rate and amount of surface runoff. There is an existing curb inlet located east of the project site, along Broadway. The proposed drainage facilities include sheetflowing into the existing 30" and 18" storm drains off-site towards Riverlawn Avenue to the west and the abandonment of the existing 30" storm drain on-site. Best Management Practices (BMPs) and Water Quality and watershed protection principles shall be incorporated into the design of the project. Such measures shall be designed to 3 37 minimize discharge of pollutants into the stonn drainage systems. Preliminary BMPs are proposed along the western property line of the project site. The submittal of a formal drainage study would be required prior to the issuance of construction permits to demonstrate that existing infrastructure would be adequate to serve the project. According to the City Engineering Department, no significant impacts to the City's storm drainage system are anticipated to result from the proposed development. b) The project site is beyond the limits of the 5OD-year floodplain and is not in proximity to any bay or ocean or in low-lying areas; therefore, no exposure of people or property to water related hazards would result from the proposed development. c) Through construction permit conditions of approval, the proposed project would be required to implement construction and post-construction Best Management Practices (BMPs), where applicable, in accordance with the City of Chula Vista Storm Water Management Standards Requirements Manual in order to prevent pollution of downstream water bodies. d) Based on the size and nature of the proposed mixed-use development, and the location of the project site relative to natural water bodies, the project would not result in any changes in the amount of surface water in any water body, in currents, or the course of direction of water movements, in either marine or fresh waters. e) See IV.d. above. 1) No changes in the quantity of groundwater, or other impacts to groundwater, are expected to result from the proposed development of the site. g) See IV.f. above. h) See IV.f. above. i) See IV.b. above. No alterations to the course or flow of floodwaters downstream of the site are expected to result from th, proposed development of the site. j) According to the Sweetwater Authority, in written correspondence dated November 27, 2002, there is an eight-inch water main located along the east side of Broadway. The construction of the mixed-use project is not anticipated to result in a significant increase in the consumption of water otherwise available for public consumption. Mitigation: No mitigation measures are required. Potentially V, AIR QUALITY, Would the proposal: Potentially Significant Less than Significant Unless Significant No Impact Mitigated Impact Impact a) Violate any air quality standard or contribute to 0 0 0 0 an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? 0 0 0 0 c) Alter air movement, moisture, or temperature, 0 0 0 0 or cause any change in climate, either locally or regionally? <1) Create objectionable odors? 0 0 0 0 3,y- 4 e) Create a substantial increase in stationary or non-stationary sources of air emissions or the deterioration of ambient air quality? Comments: o o o [81 a) See Mitigated Negative Declaration, Section E. b) The development of the proposed project is not anticipated to result in a significant increase in air pollutants. c) The proposed mixed-use project is not anticipated to significantly alter air movement, moisture, or temperature, or cause any change in climate. d) The City Zoning Ordinance allows for residential and commercial land uses. Neither development nor operation of the proposed mixed-use commerciallresidential project is anticipated to create any objectionable odors. e) See Section V. a. The proposal would not result in a significant increase in traffic generation; the proposal would not result in an increase in non-stationary sources of air emissions or the deterioration of ambient air quality. No stationary sources of air emissions would be associated with the proposed project. Mitigation: See Mitigated Negative Declaration, Section F. Potentially VI. TRANSPORT A TIONfCIRCULA nON. Would Potentially Significant Less than Signfficant Unless Significant No the proposal result in: Impact Mitigated Impact Impact a) Increased vehicle trips or traffic congestion? 0 0 [81 0 b) Hazards to safety from design features (e.g., 0 0 0 [81 sharp curves or dangerouS" intersections) or incompatible uses (e.g., farm equipment)? c) Inadequate emergency access or access to 0 0 [81 0 nearby uses? d) Insufficient parking capacity on-site or off-site? 0 0 0 [81 e) Hazards or barriers for pedestrians or 0 0 [81 0 bicyclists? t) Conflicts with adopted policies supporting 0 0 0 [81 alternative transportation (e,g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts') 0 0 0 [81 h) A "large project" under the Congestion 0 0 0 [81 Management Program? (An equivalent uf 2400 or more average daily vehicle trips or 200 or more peak -hour vehicle trips,) Comments: a) See Mitigated Negative Declaration, Section E. 5 ~'1 b) See VI.a. According to the Traffic Engineering Department, no traffic safety hazards are anticipated to result from the proposed mixed-use project plus the existing conditions. c) According to the Fire Department and Police Department, the proposed site plan provides for adequate emergency access from Broadway Avenue. In accordance with preliminary requirements of the Fire Department, the project design has been modified to indicate turning radius for both interior corners off of Broadway and installation of two fire hydrants; one public and one private. d) See VI.a. The City Parking Ordinance requires 139 spaces for the proposed project. The proposal would result in a net gain of 138 parking spaces; 80 garages and 58 on-site parking spaces. Through a precise plan review it allows minor flexibility in the project design such as parking. Exclusively the residential and commercial tenants, customers and visitors, would use all on-site parking spaces. e) See VIa. The proposal would not result III any hazards or barriers for pedestrians or bicyclists. f) See VIa. The proposed project is on a transit corridor. The existing public transit MTDB bus route 932, runs north and south along Broadway. It serves the existing businesses, schools and residential areas in the surrounding neighborhoods. No conflicts with adopted policies supporting alternative transportation would result. g) No rail, navigable waters, or aircraft facilities exist in the vicinity of the project site; therefore, the proposal would not result in any rail, waterborne or air traffic impacts. h) The proposal would not result in a significant increase in traffic; therefore, the project is not considered a "large project" under the Congestion Management Program. Mitigation: No mitigation measures are 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., ,nk Inrest, coastal habitat, etc.)? d) Wetland hahitat (e.g., marsh. riparian and ""IDal pool)? e) Wilrllife dispersal or migration corridors? f) Affect regional habitat preservation planning effOftS? 6 Potentially PotentiaUy Significant Less than Significant Unless Significant No Impact Mitigated Impact Impact 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 yo Comments: a) No endangered or sensitive species, species of concern or species that are candidates for listing are present within or immediately adjacent to the proposed development area. b) No locally designated species are present within or immediately adjacent to the proposed development area. c) No locally designated natural communities are present within or immediately adjacent to the proposed development area. d) No wetland habitat is present within or immediately adjacent to the proposed development area. e) No wildlife dispersal or migration corridors exist within or immediately adjacent to the proposed development area. f) No impacts to regional habitat preservation planning efforts will be created as a result of the proposed project as the development site is a designated development area in the Draft City of Chula Vista Multiple Species Conservation Program Subarea Plan dated October 2002. Mitigation: No mitigation measures are required. Potentially Potentially Significant Less than VIII. ENERGY AND MINERAL RESOURCES. Significant Unless Significant No Impact Mitigated Impact Impact Would the proposal: a) Conflict with adopted energy conservation 0 0 0 0 plans? b) Use non-renewable resources in a wasteful and 0 0 0 0 inefficient manner? c) If the site is designated for mineral resource 0 0 0 0 protection, will this project impact this protection? Comments: a) The proposed project would not conflict with any adopted energy conservation plans. b) The proposed mixed-use commercial/residential development would be designed to meet or exceed all applicable energy efficiency regulations per State RegulatioHs, Uniform Building Code Title 24. There are no proposed features or aspects of the project that would result in the wasteful or inefficient use of non-renewable resources. c) Pursuant to the Environmental Impact Report for the City of Chula Vista General Plan, the State of California Department of Conservation has not designated the project site for mineral resource protection. Mitigation: No mitigation measures are required. IX. HAZARDS. Would the proposal involve: Potentially Significant Impact Potentially Significant Unless Mitigated Less than Significant Impact No Impact v/ 7 a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: petroleum products, pesticides, chemicals or radiation)? b) Possible interference with an emergency response plan or emergency evacuation plan? c) The creation of any health hazard or potential health hazard? d) Exposure of people to existing sources of potential health hazards? e) Increased fire hazard in areas with flammable brush, grass, or trees? Comments: o o o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a) There are no proposed features of the proposed project that would represent an atypical risk of accidental explosion or release of hazardous substances. If applicable, a business plan that identifies the type and location of any hazardous materials utilized and/or stored on-site by any of the commercial tenants would be required to be filed with the City Fire Department and County for San Diego Department of Environmental Health/Hazardous Materials Management Division prior to issuance of building permits. b) The proposed mixed commercial/residential project on the project site would not result in interference with an emergency response plan or emergency evacuation plan, according to the Fire Department and Police Department. The proponent provided the proposed circulation plan and project design that would eliminate any stacking or circulation conflict. According to the Fire Department, the proponent is required to have access roads meet Chula Vista Fire Department turning radius measurements and provide access ways within the project site. c) No health hazards or potential health hazards would be created as a result of the mixed-use commercial/residential development on the project site. d) See Mitigated Negative Declaration, Section E. e) The project site is not situated within or immediately adjacent to an area containing dense flammable vegetation and furthermore, buildings consisting of steel and concrete building materials and decorative landscaping surround the proposed project site. The project proposal contains formal landscape treatments along the perimeter of the project site, including palm trees along the Broadway frontage, and interior on-site areas that does not contain flammable vegetation. Mitigation: See Mitigated Negative Declaration, Section F. Potentially x. NOISE. Would the proposal result in' Potentially Significant Less than Significant Unless Significant No Impact Mitigated Impact Impact a) Increases in existing noise levels? 0 0 0 0 b) Exposure of people to severe noise levels? 0 0 0 0 Comments: See Mitigated Negative Declaration, Section E. L/-"2- 8 Mitigation: See Mitigated Negative Declaration, Section F. 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: Potentially Significant Impact PotentiaUy Significant Unless J\-titigated ""'..., Significant Impact N, Impact a) Fire protection? b) Police protection? c) Schools? 0 0 III 0 0 0 0 t!O 0 0 0 III 0 0 0 III 0 0 0 III d) Maintenance of public facilities, including roads? e) Other governmental services? Comments: a) According to the Fire Department, through the proposed project design and installation of two fire hydrants, adequate fire protection services can continue to be provided upon completion of the proposed mixed-use commercial!residential development. The proposed project would not have a significant effect upon or result in a need for new or altered fire protection services. b) According to the Police Department, adequate police protection services can continue to be provided upon completion of the proposed project. The proposed mixed-use commercial!residential project would not have a significant effect upon or result in a need for new or altered police protection services. c) The proposed project is a mixed-use commercial!residential development and, therefore, would not induce significant population growth nor result in any significant adverse impacts to public schools or need for additional public schools. The applicant would be required to pay residential and commercial buiJding permit school fees; however, an alternative financing mechanism, such as participation in or annexation to a CFD, is allowed by the Chula Vista Elementary School District. d) The proposed project would be maintained entirely by the property owner. e) As a private development, the proposed development would not have a significant effect upon or result in a need for new or expanded governmental services. Mitigation: No mitigation measures are required. XII. Thresholds. Will the proposal adversely impact the City's Threshold Standards? As described below, the proposed project would not adversely impact any of the seven Threshold Standards. Potentially Potentiall)' Significant Less than Significant Unless SigniilCanl No Impact Mitigated Impact Impact 0 0 t!O 0 9 '-f 3> Potentially Potentially Significant Less than Significant Unless SignifIcant No Impact Mitigated Impact Impact a) Fire/EMS 0 0 Ii!j 0 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 proposed project would comply with this Threshold Standard. Comments: The closest fire station is approximately 0.75 mile from the site with an estimated response time of 3-4 minutes. The Fire/EMS threshold would continue to be met as reported by the Fire Department. Therefore, no significant impacts to fire services are anticipated. Mitigation: No mitigation measures are required. Potentially Potentially Significant ""'th>D Significant Unless Signifkant No Impact Mitigated Impact Impact b) Police 0 0 Ii!j 0 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. Comments: The Police threshold would continue to be met as reported by the Police Department. Therefore, no significant impacts to police services are anticipated. Mitigation: No mitigation measures are required. Potentially Potentially Significant Less than Significant Unless SigniflC.aDt No Impact Mitigated Impact Impact C) Traffic 0 0 Ii!j 0 1. City-wide: Maintain LOS "C" or better as measured by observed average travel speed on all signalized arterial segments except that during peak hours a LOS "D" can occur for no more than any two hours of the day. 2. West of 1-805: Those signalized intersections, which do not meet the standard above, may continue to operate at their current 1991 LOS, but shall not worsen. Comments: The proposed project would not increase the land use intensity significantly, as it is an urban infill project on the 2.53-acre parcel, thus technically generating minimal traffic. According to the Engineering Department, all roadways within the project area are calculated to operate at LOS C or better with the addition of the project traffic. According to the Traffic Impact Analysis prepared for the proposal, based on the established significance criteria no signilicant project impacts are calculated at any of the key intersections or adjacent street 10 lfY segments. Thus, all roadways within the project area are calculated to operate at LOS C or better with the addition of project traffic. Mitigation: No mitigation measures are required. PotentiaUy Potentially Significant Less than Significant UnIou Significant No Impact Mitigated Impact Impact d) ParksIRecreation 0 0 0 t;I The Threshold Standard for Parks and Recreation is 3 acres of neighborhood and community parkland with appropriate facilities per 1,000 residents east ofInterstate 805. Comments: Because the project site is located to the west of Interstate 805, the threshold standard is not applicable. However, as a mixed-use development with a residential component the proposal is subject to payment of park fees to be utilized to provide for future park and recreation facilities consistent with the City's Park and Recreation Master Plan. Mitigation: No mitigation measures are required. Potentially Significant Impact Potentially Significant Unless Mitigated Less than Significant Impact No Impact e) Drainage o o ~ o The Threshold Standards require that stonn water flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with the Drainage Master Plan(s) and City Engineering Standards. The proposed project will comply with this Threshold Standard. Comments: See Mitigated Negative Declaration, Section E. According to the Engineering Department, a fonnal drainage study will be prepared in conjunction with the preparation of final grading and improvement plans and properly designed drainage facilities will be installed at the time of site development. Surface runoff will be collected on-site and discharged into the existing City storm drainage system; no significant impacts to the City's storm drainage system are anticipated to result from the proposed development. According to the Engineering Department, the proposed project would comply with the drainage threshold standard. Mitigation: See Mitigated Negative Declaration, Section F. Potentially Potentially Significant Less than Significant Unless Significant No Impact Mitigated Impact Impact t) Sewer 0 0 ~ 0 1l1e Threshold Standards require that sewage flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Planes) and City Engineering Standards. The proposed project will comply with this Threshold Standard. '/:") II Comments: No new sewer service would be required to serve the proposed project. Proper engineering design of required sewer improvements to serve the project would ensure that sewage flows and volumes would not exceed City Engineering Standards. Mitigation: No mitigation measures are required. Potentially Potentially Significant Less than Significant Unless S"tgniftcant No Impact Mitigated bopact Impact g) Water 0 0 1<1 0 The Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and that water quality standards are not jeopardized during growth and construction. The proposed project will comply with this Threshold Standard. Applicants may also be required to participate in whatever water conservation or fee off- set program the City of Chula Vista has in effect at the time of building permit issuance. Comments: No new water service would be required to serve the proposed project. The project site is an infill site within a developed area. The project site is within the service area of the Sweetwater Authority. Pursuant to correspondence received from the Sweetwater Authority, dated November 27, 2002, the project may be serviced off the existing 8-inch main on the east side of Broadway. There are three existing water services to these parcels. Project impacts to the Authority's storage, treatment, and transmission facilities would be less than significant. Mitigation: No mitigation measures are required. Potentially XIII. UTILITIES AND SERVICE SYSTEMS. Would Potentially Significant ""'''''', Significant Unless Significant No the proposal result in a need for new systems, or Impact Mitigated Impact Impact substantial alterations to the following utilities: a) Power or natural gas? 0 0 1<1 0 b) Communications systems? 0 0 1<1 0 c) Local or regional water treatment or 0 0 1<1 0 distribution facilities? d) Sewer or septic tanks? 0 0 1<1 0 e) Storm water drainage? 0 0 1<1 0 t) Solid waste disposal? 0 0 1<1 0 Comments: a) The project site is located within an urban area that is served by all necessary utilities and service systems. Any alterations to existing utilities and service systems and connections to SUC:1 utilities and systems that are necessary in order to adequately service the proposed mixed-use development would be implemented by the City, subject to the approval of the appropriate utilities and service providers. No significant impact to utilities and service systems would result from the proposed project. ~ 12 b) See XIII.a. c) See XIII.a. The project site is within the service area of the Sweetwater Authority. Pursuant to correspondence from the Sweetwater Authority, the project may be serviced from existing potable water mains. d) See XIII.a. According to the Engineering Department, there is an 8-inch sewer line on the west side of the proposed project flowing westerly into an 8-inch sewer line on Riverlawn A venue and into another 8-inch line on Kearney and then flows northerly into an 8-inch sewer line on Madison Avenue. City Engineering staff has determined that existing sewer mains are adequate to serve the proposed project. e) See XIII.a. There is an existing off-site drainage facility located east of the site along Broadway. The conceptual design indicated in the project design is anticipated to be sufficient according to the Engineering Department. The adequacy and final detail of the existing and modification to storm drainage facilities to serve the project will be determined at the time of detailed engineering design; any improvements to the storm drainage system that are deemed necessary will be implemented by the applicant. t) See XIII.a. Mitigation: No mitigation measures are required. PotentiaUy Potentially Significant '-""thaD Significant Unless Significant No XIV. AESTHETICS. Would the proposal: Impact Mitigated Impact Impact a) Obstruct any scenic vista or view open to the 0 0 0 I1J 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 I1J 0 scenic route? c) Have a demonstrable negative aesthetic effect? 0 0 0 I1J d) Create added light or glare sources that could 0 0 I1J 0 increase the level of sky glow in an area or cause this project to fail to comply with Section 19.66.100 of the Chula Vista Municipal Code, Title 19? e) Produce an additional amount of spiIllighe 0 0 I1J 0 Comments: a) No significant scenic vistas or views open to the public exist through the site. b) In accordance with the City's General Plan, this portion of Broadway is not designated a scenic roadway. The project proposes access via two unsignalized driveways along Broadway. Landscape treatments along Broadway are proposed in accordance with the City Ln 13 of Chula Vista Municipal Code, (Sections 19.36.090 and 19.36.110) landscape and site architectural requirements and design review guidelines. These landscape improvements would ensure that aesthetic impacts to the Broadway corridor are not significant. c) The vacant project site is within an urbanized area and contains overgrown non-native vegetation. The development of a mixed-use development on the project site would not have a demonstrable negative aesthetic effect. Proposed improvements along the site's Broadway street frontage, including landscaping, decorative hardscape, and maintenance of existing walls, and new retaining walls would have a positive aesthetic effect. d) Proper architectural design would ensure compliance with Section 19.66.100 of the Chula Vista Municipal Code. Exterior lighting would not be directed upward and would be designed and installed, with appropriate shielding if necessary, to ensure that light does not spill horizontally beyond the limits of the development area onto adjacent roadways, and surrounding commercial, or motel areas. e) See XIV.d. Mitigation: No mitigation measures are required. Potentially XV. CULTURAL RESOURCES. Would the Potentially Significant Less than Significant Unless Significant No proposal: Impact Mitigated Impact Impact a) Result in the alteration of or the destruction or 0 0 0 0 a prehistoric or historic archaeological site? b) Result in adverse physical or aesthetic effects 0 0 0 0 to a prehistoric or historic building, structure or object? c) Have the potential to caus~ a physical change, 0 0 0 0 which would affect unique ethnic cultural values? d) Restrict existing religious or sacred uses within 0 0 0 0 the potential impact area? e) Is the area identified on the City's General Plan 0 0 0 ~ EIR as an area of high potential for archaeological resources? Comments: a) No prehistliric ur historic archaeological sites are known or are expected to be present within the impact ,.rea of the proposal. See XV.e. below. b) No buildings ,y structures are present within the impact area of the proposal and no prehistoric or historic objects are known or are expected to be present within the impact area. See XV.e. below. c) The proposed physical changes would not affect unique ethnic cultural values. d) No religious or sacred uses exist within the impact area of the proposal. 'fr. 14 e) The project site is identified as an area of low potential for cultural resources in the City's General Plan ErR. The proposed grading quantities are 3,500 cubic yards cut and 1,000 cubic yards fill, resulting in 2,500 net cubic yards of export. Based on the level of previous disturbance to the site and the relatively minor amount of additional grading that would be necessary to construct the proposed mixed-use development, the potential for impacts to archaeological resources is considered to be less than significant. Mitigation: No mitigation measures are required. Potentially Significant Impact Potentially Significant Unless M.itigated ""'th~ SignUJCant Impact N. Impact XVI. PALEONTOLOGICAL RESOURCES. Will the proposal result in the alteration of or the destruction of paleontological resources? Comments: o o o 181 The project site is identified as an area of low potential for paleontological resources in the City's General Plan EIR. Based upon the low sensitivity of the site and the relatively minor amount of proposed excavation, impacts to paleontological resources are not anticipated to be significant. Mitigation: No mitigation measures are required. a) Increase the demand for neighborhood or regional parks or other reGreational facilities? Potentially Potentially Significant Less than Significant Unless Signif1CaDt N. Impact Mitigated Impact Impact 0 0 181 0 0 0 0 181 0 0 0 181 XVII. RECREATION. Would the proposal: b) Affect existing recreational opportunities? c) Interfere with parks & recreation plans or programs? Comments: a) Because the proposed mixed-use development is a small conunercial retaillre,idential land use proposing 49 residential units, it would not induce significant population growth and thus not create a demand for neighborhood or regional parks or facilities. b) The proposed mixed-use project would not create a significant impact to existing recreational opportunities in the area. c) According to the Parks and Recreation Element of the General Plan, the project site is not planned for any future parks and recreation facilities or programs. Mitigation: No mitigation measures are required. 15 '('1 d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? o o o Ii! Comments: No significant effects on human beings, either directly or indirectly, are anticipated to result from the proposed project. The 2.53-acre site is currently unoccupied and is zoned for commercial retail and residential land uses. Mitigation: No mitigation measures are required. XIX. PROJECT REVISIONS OR MITIGATION MEASURES: Project mitigation measures are contained in Section F, Mitigation Necessary to Avoid Significant Impacts, and Table 1, Mitigation Monitoring and Reporting Program Checklist, of Mitigated Negative Declaration 15-03-016. 17 ')1 ~ xvrn. MANDATORY FINDINGS OF SIGNIFICANCE: See Negative DeclarationJor mandatory findings oj sigllificance. If an EIR is needed, this section should be completed. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or resmct the range of a rare or endangered plant or animal or eliminate important examples of the major periods or California history or prehistory? Potentially SignirtcaDt Impact PotentiaUy Significant Unless Mitigated No Impact l.e<<tha. Signif"lCilDt 1m.." o o o o Comments: The site is currently vacant, is within a commercial area, and is within the designated development area the Draft City of Chula Vista Multiple Species Conservation Program Subarea Plan. There are no known sensitive plant or animal species or cultural resources on the site. Mitigation: No mitigation measures are required. b) Does the project have the potential to achieve short-teffil, to the disadvantage of long-teffil, environmental goals? o o o o Comments: The project would not affect long-teffil environmental goals of the City because the project is consistent with the City of Chula Vista General Plan and the Draft City of Chula Vista Multiple Species Conservation Program Subarea Plan. The project site is slated for infill development. No significant short-term impacts would result from the proposed project. Mitigation: No mitigation measures are required. c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively consideratJL" means that the incremental effects of a pre'J eel are considerable when viewed in connectIOn with the effects of past projects, the effects of other current projects, and the effects 01 probable future projects.) o o o o Comments: See Mitigated Negative Declaration, Section E. According to the Traffic Impact Analysis, the project area is virtually built out and any future inl111 projects were not known at the time of the traffic study. Since cumulative projects were not included, the existing + project + cumulative projects scenario was not analyzed. Mitigation: No mitigation measures are required. '-)0 16 PLANNING COMMISSION AGENDA STATEMENT Item:~ Meeting Date: 05/14/03 ITEM TITLE: Public Hearing: PCM-03-06; Request to amend the Otay Ranch Village II Sectional Planning Area (SP A) Plan, Site Utilization Plan and adopt an Ordinance to modify the Otay Ranch Village II SPA Planned Community District Regulations. Applicant - Brookfield Shea Otay, LLC. Public Hearing: PCS-03-02; Request to approve a Revised Tentative Subdivision Map for Village II of Otay Ranch, Chula Vista Tract 01-11 A. Applicant - Brookfield Shea Otay, LLC. Brookfield Shea Otay, LLC has applied to amend the Otay Ranch Village II SPA Plan to add language to the PC District Regulations and amend the Site Utilization Plan by transferring one dwelling unit from Neighborhood R-I to Neighborhood R-2. In addition, the application proposes a Revised Tentative Map to subdivide Neighborhood R-23 and utilize unused Village 11 SPA dwel1ing units in Neighborhoods R-I and R-4. The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental QuaJity Act and has determined that the proposed project was adequately covered in previously adopted Otay Ranch GDP Amendment/Village II Sectional Planning Area Plan Environmental Impact Report (FEIR 01-02). Thus, no further environmental review or documentation is necessary. RECOMMENDATION: That the Planning Commission adopt: . Resolution No. PCM-03-06 recommending the City Council approve an amendment to the Otay Ranch Village II SPA Plan adding language to the PC District Regulations and amending the Site Utilization Plan by transferring one dwelling unit trom Neighborhood R-I to Neighborhood R-2. . Resolution No. PCS-03-02 recommending that the City Council approve a Revised Tentative Subdivision Map for Vi1lage II to subdivide Neighborhood R-23 and utilize unused Village II SPA dwelling units in Neighborhood R-l and R-4 (Chula Vista TractOI- 11A). BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable DISCUSSION: On October 23,2001, the City Council amended the Otay Ranch GDP to authorize 2,390 dwelling units for V i1lage II. At the same time, the City Council also adopted a SPA Plan for V illage II in 6-- I Page 2, Item: ~_ Meeting Date: 05/14/03 Otay Ranch that permitted development of 2,304 of the authorized 2,390 GDP dwelling units. The City Council also approved a Tentative Map that utilized only 2,282 dwelling units of the 2,304 authorized by the SPA Plan. The current application for the amendment to the SPA Plan and for a Revised Tentative Map essentially utilizes a portion of the unused SPA dwelling units, transfers one dwelling unit from Neighborhood R-2 to R-l, subdivides Neighborhood R-23 into a small-lot single-family product and completes a minor "clean-up" for the plan document. 1. Site Characteristics The project area is located at the northern portion of Village 11 adjacent to Olympic Parkway (see Attachment #1). The project is part of Phase One of Village 11, which has recently undergone grading operations. The San Diego Aqueduct and the San Diego Gas and Electric easement (a prominent 240-feet wide corridor through the Village 11 project area), crosses the middle of the project site from the northwest to the southeast. The planned community of East Lake Greens and the EastLake Land Swap area are located directly north of the Project adjacent to Olympic Parkway. The Eastern Urban Center and Freeway Commercial sites (Planning Area 12) are located on the western boundary of the Project, separated from Village 11 by EastLake Parkway. To the south and east ofthe Project is the balance of Village 11. 2. General Plan, Zoning and Land Use General Plan The General Plan designates residential land uses in Village II as Low-Medium Village (LMV) at 3- 6 dwelling units per acre, and Medium at 6-11 dwelling units per acre. In addition, there is a Village Core (VC) land use, as well as land uses for parks and recreation, an e1ementary school, and a middle school all consistent with the land use designations for the Otay Ranch GDP. Zoninf< The land development regulations for Village 11 are contained in the Village 11 SPA, Planned Community (PC) District Regulations. Current Land Use The project site has been graded and is currently under development. The project area involves a portion of Phase One of Village lIon the northern boundary ofthe Village. Neighborhoods R-I, R- re-.? Page 3, Item: 6 Meeting Date: 05/14/03 2, R-4 and R-23 are located immediately adjacent to Olympic Parkway in Phase One. 3. Proposed Plan The applicant proposes to amend the Otay Ranch Village II SPA Plan and revise the original Tentative Map for Village 11 as a result of detailed studies prepared in implementing Phase One of the project. Staff believes that the SPA amendment and Revised Tentative Map are essentially a "fine-tuning" ofthe SPA document and the original Tentative Map. A summary ofthe project is as follows: SPA Amendment The amendment to the Village 11 SPA Plan is proposed to enhance the pedestrian-oriented neighborhood design in the village. The amendment adds footnotes to the Planned Community (PC) District Regulations, Table 11.3.3-2, "Residential Property Development Standards", (see Attachment #2) which may allow reduced minimum lot widths and reduced front yard setbacks for a "z-Iot" and "zero lot-line" single-family design concept. The applicant proposes to implement the z- lot configuration in Neighborhood R-I. The reduced lot widths and front yard setbacks provide design flexibility and implement several Otay Ranch goals and principles. The proposal to reduce lot widths and front yard setbacks for the z-lot and zero-lot line products will enable garages to be located further back from the street, and provide more living space for porches, courtyards and balconies at the front of the house. These design elements create more pedestrian- friendly neighborhoods for Otay Ranch and were contemplated in the Village Design Plan, but not provided for in the PC District Regulations. Approval ofthe proposed amendment will be limited to "z-Iot" subdivisions, and the actual design concept for the neighborhood must obtain review and approval from the City's Zoning Administrator. Examples of this type of lot configuration are illustrated in the adopted Village II Design Plan (see Attachment #3). In order to allow the applicant to implement the design goals for these neighborhoods, regulations in the fonn of footnotes need to be added to the Village II SPA Plan, PC District Regulations, Table 1l.3.3-2, "Residential Property Development Standards", to read as follows: 1. "Lot width may be reduced for z-lot concept." 2. "May be reduced for z-lot and zero lot-line concepts with approval by the Zoning Administrator. " Revised Tentative Mav During plan review, staff and the applicant discussed refinements to the grading plans in Phase One for Village 11 that would necessitate a Revised Tentative Map for the first development phase. The original Tentative Map for the project did not utilize all of the units in several neighborhoods, including Neighborhoods R-I, R-2 and R-4. The SPA table currently authorizes 164 dwelling units for R-I and 46 dwelling units for R-2 and 55 dwelling units for R-4. On the original Tentative Map, ik,- .:1 Page 4, Item: ~Q_ Meeting Date: 05/14/03 only 156 lots were subdivided in R-l leaving 8 lots available. During final engineering, an opportunity to utilize the "z-Iot" concept (previously described) was proposed for this neighborhood, which created the ability to utilize seven additional unused lots. Utilizing seven more Jots in this neighborhood increases the subdivision from 156 to 163, which is one lot under the SPA Plan authorization. After the original approval, it was discovered that Neighborhood R-2 subdivided 47 lots on the Tentative Map, one more lot than authorized by the SPA Plan (4610ts). The SPA Plan authorizes a transfer of units between neighborhoods as long as the total GDP unit count for the village does not increase. In order to correct the Tentative Map and SPA discrepancy for Neighborhood R-2, staff proposes, and the applicant supports, to transfer one unit from R-l to R-2. In addition, the correction will be made to the dwelling unit table on the "Village 11 Site Utilization Plan, Exhibit II.2.2-3" (see Attachment #4). The correction will also reflect the change for R-2 dwelling units from 46 to 47. The Revised Tentative Map (see Attachment #5) also proposes one additional lot in Neighborhood R-4. The original Tentative Map approved 54 lots of the SPA Plan allowable 55 units. More precise engineering for the Final Map found area for an additional lot. The final element of the Revised Tentative Map subdivides Neighborhood R-23 into a smal1 lot single- family product. The SPA Plan authorizes 119 SPA dwelling units for this neighborhood. The original Tentative Map did not subdivide this neighborhood, as the neighborhood is designated as multi-family with a density of eight dwel1ing units per acre. The applicant was not sure which type of housing product to market, therefore, did not propose to subdivide the neighborhood at the original approva1. The applicant now proposes to subdivide the neighborhood into 119 lots for a small-lot detached lot design. The Otay Ranch GDP vil1age policies allows single-family homes in multi-family designations. In summary, the application provides for: 1) Adding footnotes to the Vil1age 11 SPA PC District Regulations to al10w reduced lot widths and front yard setback for a "z-Iot" design; 2) Utilizing seven unused lots in Neighborhood R-] on the revised Tentative Map, increasing from 156 to 163 units reflecting z-Iot configuration; 3) Transferring one unused lot from Neighborhood R-l to R-2; 4) Utilizing one unused lot in Neighborhood R-4; 5) Correct the Land Use Table in the Vil1age 11 Site Utilization Plan; and 6) Subdividing Neighborhood R-23 into 119 small-lot single-family residences. {p - L/' Page 5, Item: 6~ Meeting Date: 05/14/03 In addition, the following table illustrates the proposed changes to the Village II SPA Plan and Revised Tentative Map. Village 11 SPA TM Oriainal lAmended Oriainal Revised R-1 164 163 156 163 R-2 46 ~7 47 47 R-4 55 55 54 55 R-23 119 119 1 (MF) 119 4. Analysis The proposal to amend the Otay Ranch ViJ1age II SPA Plan to add language (footnotes) to the PC District Regulations to allow for the z-]ot configuration implements the design goals for pedestrian- oriented single-family neighborhoods. The z-lot configuration would be implemented in Neighborhood R-I, subject to review and approval by the City's Zoning Administrator. The lotting configuration in R-I does not substantially change the configuration of the lots or the circulation pattern. The transfer of one dwelling unit from Neighborhood R-l to Neighborhood R-2 is consistent with the Village II SPA Plan. The net increase in one unit for Neighborhood R-2 results in a corresponding decrease in Neighborhood R-l. The modifications to these neighborhoods have not affected the lotting configuration and maintain the current internal circulation patterns as weJ1. The proposal to subdivide the multi-family designated Neighborhood R-23 into a smaJ1-lot single- family neighborhood implements the SPA Plan design for this density. Small lot single-family products are allowed in multi- family areas by the Otay Ranch GDP viJ1age policies. The subdivision design of R-23 is also consistent with the landform grading and circulation policies of the City's General Plan and the Otay Ranch GDP. The plan to provide an addition a] lot in Neighborhood R-4 does not exceed the SPA dweJ1ing unit total. The proposed amendments to the Otay Ranch Village II SPA Plan along with a Revised Tentative Map application for ViJ1age II remain consistent with prior approvals for the project approved by City Council on October 23,2001. As illustrated in the above table, the Revised Tentative Map is consistent with the proposed SPA Plan amendments. Total dweJ1ing units in the SPA Plan will not change with the dweJ1ing unit transfer. The GDP authorization remains 2,390 dwelling units, while the SPA Units allocated remains 2,304 units. CONCLUSION: Staff believes that the subject amendments and Revised Tentative Map application for Village II are consistent with the approved Village II SPA Plan and the Otay Ranch GDP policies and &-' - ~<;- Page 6, Item: ~_ Meeting Date: 05/14/03 recommends approval of the amendments and Revised Tentative Map, which is the of subject the attached Council Resolution. Attachments 1. Locator Map 2. Planned Conmmnity, District Regulations, Table II.3.3-2, Residential Property Development Standards 3. Z-Lot and Zero-Lot Line Subdivision Design 4. Village II Site Utilization Plan, Exhibit II.2.2-3 5. Revised Tentative Subdivision Map (C.V.T. Ol-IIA) 6. Planning Commission Resolution (PCM-03-06) 7. Draft City Council Resolution (PCM-03-06) 8. Draft City Conncil Ordinance (PCM-03-06) 9 _ Planning Commission Resolution (PCS-03-02) 10. Draft City Council Resolution (PCS-03-02) 11. Disclosure Statement 0- (p ATTACHMENT 1 , \ ~\~ J--I;-- \ -~~ ,~- J"-' ~/ \ \ \ CHULA VISTA PLANNING AND BUILDING DE PARTM E NT LOCATOR PROJECT PROJECT DESCRIPTION: C9 APPLICANT: BROOKFIELD SHEA OTAY, LLC. MISCELLANEOUS PROJECT OTAY RANCH GD?, VILLAGE II Request Village 11 Tentative Map revision to increase R1, R4 and ADDRESS. OF OR VALLEY maintenance of R2 at 47 units as shown on approved TM, R1 and R4 increases are- within number of units approved in the SPA. TM revision SCAlE: FILE NUMBER: includes grading improvements to lessen transport of cut and fill NORTH No Scale PCM-03-06 materials between areas to the east and west of the SDG&ElSDCWA easement. J. Ihomelplannmglcherrylcllocatorslpcm0306 .cdr 08.13.02 cf'-;' VILLAGE ELEVEN PC DISTRICT REGULATIONS ATTACHMENT 2 Residential Districts B. General Standards The general standards found in this section are based on the Otay Ranch General Development Plan/Subregional Plan. Where the Specific Standards listed below are silent on an issue, the Zoning Administrator is authorized to define a standard based on the Otay Ranch General Development Plan/Subregional Plan, the Chula Vista General Plan, Zoning Ordinance, Design Manual and/or Landscape Manual, as may be appropriate. C. Specific Standards The following Property Development Standards shall apply to all land and buildings, other than accessory buildings, pennitted in their respective residential land use district. The use of the symbol "DR" indicates that the standard is established by the approval of a Design Review Application or Tentative Tract Map. Dimensions and standards are minimums, and minor variations may be pennitted subject to Design Review or tract map approval, provided that the minimums specified herein are maintained as average. Lot widths and depths are typical minimums, but may vary slightly with irregularly-shaped lots and site- specific conditions. Refer to Section 11.3.10 Administration, for further infonnation regarding processing requirements. Table II.3.3-2 Residential Property Development Standards LAND USE ZONING SF 3 SF 4 RMl RM2 NOTES DISTRICT Lot Criteria: Average lot area (sq. ft.) 5,000 4,000' DR DR j"Average lot area" is the sum of the area of all lots within a neighborhood divided by the total number oflots in the neighborhood. 2 Average lot area may be reduced for attached units with design review approval. Minimum lot area (sq.ft.) 4,000 3,000' DR DR 'Minimum lot area may be reduced for attached units with design review approval. Minimum lot depth (feet) 90 60 DR DR Maximum floor area to lot .65 .65 DR DR See "Floor Area Ratio" section, area ratio (FAR) Minimum lot width (feet): Measured at setback line 45 40' DR DR Lot width may be reduced if lots are served by an alley. Lot width may be reduced for z-lot concept. Flag lot street fi-ontage 20 20 DR DR Knuckle or cui-dc-sac 20 20 DR DR street fi-ontage Brookfield Shea Otay, LLC ~3-4 ~'--Z Februwy XX, 20IJ3 VILLAGE ELEVEN PC DISTRICT REGULATIONS Residential Districts LAND USE ZONING SF 3 SF 4 RMI RM2 NOTES DISTRICT Minimum front vard setback (feet from back of sidewalk) To direct entry garage 19.5' 19.5' DR DR :, A maximum of 33% of garages ~ay be set back at 19.5 feet within a neighborhood. A minimum of33% of garages on lots at least 50 feet wide and 100 feet deep shall be set back a minimum of 30 feet and incorporate Hollywood style driveways. Sectional roll-up doors required when setback is less than 22 feet. To side entry ("swing- 10 10 DR DR ('12-foot wide driveway is encouraged; in") garage6 16-foot wide maximum driveway allowed. To main residence 15 15" DR7b DRib "laMay be reduced for z-Iot and zero lot line concepts with approval by the zoning administrator. 7bMay be reduced to 10 feet if garage is accessed from alley. See Village Design Plan for street fayade design standards. To pedestrian-oriented 8' 8' 8'/DR DR ~Dimension applies to detached or Seating Areas and Entry 8 attached single family dwellings; Features Design Review (DR) applies to multi- family land uses. 'May be reduced to 6 feet for courtyards, A Minimum of 66% of neighborhood residential units sha1l provide a pedestrian-oriented seating area (porch, etc.) and 33% shall provide a pedestrian-oriented entry feature as described in Section D, Minimum side yard setback (feet) See "Architectural Projections" Section J. To adjacent residential 5' 5" DR DR May be reduced for zero lot line lot concepts. Distance between 10 10 DR DR May be reduced based on Design detached units Review for zero-lot line, Z-lot, two- pack or similar design concepts, To porch/veranda/entry 7'u 7'" 7'" DR '"For detached and attached single feature (comer lots only) family dwellings only. Residential street ITom 13" 13 DR. DR "May be reduced to 10 feet on non- building to back of featured side of promenade street. adjacent sidewalk 12Minimnm 8 feet on featured side and (comer lot) minimum 5 feet on non-featured side of promenade street. Brookfield Shea Otay, LLC 9. 3-5 o -- February X\", 2003 A1'TACHMENT 3 VILLAGE ELEVEN DESIGN PLAN Single Family Residential Design , 1'\ 0 ~ , , 5' l ~ \ '\ \ It) .,; ~ .~....,t-o~' Sidewalk '" . S I]~' )L.a~dS~ape ~ kway -'t .... ... -~ - Residential Street -.- ---. .. o ~ I Easement 5' : en l. , -4- <0 ." ' .r1)~ -.~. -. Note: All dimensions are minimum, Figure Il.4.4.2-26 40 x 85 Lot - Two Pack Z Lot Layout Configuration Concept Brookfield Shea Olay, LLC. 4-50 October 23.2001 c:~ _/C" o ~'" ~" ~~ lUll ~~ ~c ~~~$~~g$~$~~~~~~~~~~~~~~m8~~~ _ ~___ ____N__~ N ~nO~O~_~NOO~N~_~~_o~qo~qoqq~~ ~riM~~~W~~~~~.~W~~oo~~ro~~w~~~~ .. v; .., ... "' ~ > . i:;j . ~ .., ~ ~ ;;' N ~~~~N~~~~~~~q~~~q~~~~~~~~~~~q~q0q~~~ro~qq~q~~~~~~_~W~~~~~ ~~~~~~~~~~~~~~~~~~ID~~~~~~ID~~~~~~~~~~ID~~_~~~~~~~~ID~~~__~~ ~O~ ....... (") w '" ~ C 'j o c c r. "w g~ r o w z ~ _ -'...J...J .~~~~~~~~~OOOQQOOOa . . . _ . ~~~~~~~~~~~~~~~~~~~~~~~~~~~3m~~~~~~~~~2~o~~<<<400.:l>WW(l) oowwoowwwoowwwwwwwww ~ <<88I.)u~~~~~00a~~~@~~ooood "''''''' ~ ~ ~ ~ ~ ~~ ~~~~~~~~~~~~~~~~o~~~2~~~~~o~o;o~o~~~~o~ ~~oc~~~~ococ~~~~~ococ~~ococococococ&&~~~~~~~QQ~~~; ::> :;) :::J ::;J:;) :;)rn .:I> II) en II) UJ (1) OJ!! i"ii r.! elf ~6 <t~e:S:~<i!-J 1-... "i ""' "" I- :> a. .'; - I- <( O<ua..a.<'O OIt!;:>:I!JO I- a. u..,"5"51- !Fi.E..." I- ~o mG>'--"'~ mai-...<Cm ~~ ~U'-~l5~g~~)- :I; o.1J ~o :Q :3 ~ w" 8~ -0 4~4!..\o'& / i >. ~ YJ ~>// ~ = N.!! :3 r-.i ~ g := g ~ - ,- '" :0 ~ ;:.... ~~ " "'''' ATTACHMENT 4 N U .J .J :;: 1; . . ~ '" ~ ~ . . ~ ATTACHMENT 6 RESOLUTION NO. PCM-03-06 RECOMMENDING THE CITY COUNCIL APPROVE AN AMENDMENT TO THE OTAY RANCH VILLAGE 11 SECTIONAL PLANNING AREA (SPA) PLAN ADDING LANGUAGE TO THE PC DISTRICT REGULATIONS AND AMENDING THE SITE UTILIZATION PLAN BY TRANSFERRING ONE DWELLING UNIT FROM NEIGHBORHOOD R-l TO NEIGHBORHOOD R-2. WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached to City Council Resolution No. and described on Chula Vista Tract 0 I- II A, and is commonly known as Village 11 ("Property"); and, WHEREAS, an application to amend the Otay Ranch Village 11 SPA Plan was filed with the City of Chula Vista Planning and Building Department on July 29, 2002 by Brookfield Shea Otay LLC, ("Applicant"); and, WHEREAS, the application requests to amend the Otay Ranch Village 11 SPA Plan to add language (footnotes) to the PC District Regulations to allow reduced setbacks for "z-lot" single- family residential lot configurations, and amend the Village 11 SPA Plan, Site Utilization Plan by transferring one dwelling unit from Neighborhood R-l to Neighborhood R-2; and, WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area Plan ("SPA Plan") previously approved by the City Council on October 23,2001 by Resolution No. 2001-363, wherein the City Council, in the environmental evaluation of said Village 11 SPA Plan relied in part on the original Otay Ranch GDP Amendment/Village II Sectional Planning Area Plan, Final Environmental Impact Report ("ElR 01-02"); and, WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has detennined that the proposed project was adequately covered in previously adopted Otay Ranch GDP Amendment! Village 11 Sectional Planning Area Plan, EIR 01-02. Thus, no further environmental review or documentation is necessary; and, WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Sectional Planning Area (SPA) One Plan amendment (PCM-03-06) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet ofthe exterior boundaries ofthe Project site at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. May 14,2003, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the Planning Commission, the Commission has detennined that the approval of an anlendment to the (; -/v( Resolution No. PCM-03-06 Page 2 Otay Ranch Village II Sectional Planning Area (SPA) Plan (PCM-03-06) is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning practice support the approval. BE IT FURTHER RESOL VED THAT THE PLANNING COMMISSION recommends that the City Council adopt a resolution approving Otay Ranch Village 11 Sectional Planning Area (SPA) Plan amendment (PCM-03-06) in accordance with the findings contained in the attached City Council Resolution No. 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 14th day of May, 2003 by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: Russ Hall, Chair ATTEST: Diana Vargas, Secretary (/3 -j' _~ E /'( ~ /1 /" \ 0, t.<,~ '" ~~ . EXHIBIT A V~l. EASTLAKE VISTAS \ \ CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C) APPLICANT: BROOKFIELD SHEA OTAY, LLC. MISCELLANEOUS PROJECT OTAY RANCH GDp, VILLAGE II Request Vinage 11 Tentative Map revision to increase R1, R4 and ADDRESS: OF OR VALLEY maintenance of R2 at 47 units as shown on approved TM, R1 and R4 increases are within number of units approved in the SPA. TM revision SCALE: fILE NUMBER includes grading improvements to lessen transport of cut and fill NORTH No Scale PCM-03-06 materials between areas to the east and west of the SDG&E!SDCWA easement. j:\home\planmng\cherrylcllocatorslpcm0306.cdr 08.13.02 e' . / c;/ ATTACHMENT 7 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH VILLAGE 11 SECTIONAL PLANNING AREA (SPA) PLAN TO AMEND THE SITE UTILIZATION PLAN BY TRANSFERRING ONE DWELLING UNIT FROM NEIGHBORHOOD R-l TO NEIGHBORHOOD R-2. WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached hereto and described on Chula Vista Tract Ol-IIA, and is commonly known as Village II ("Property"); and, WHEREAS, a du1y verified application to amend the Otay Ranch Village 11 SPA Plan was filed with the City of Chu1a Vista Planning and Building Department on July 29, 2002 by Brookfield Shea Otay LLC, ("Applicant"); and, WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area Plan ("SPA Plan") previously approved by the City Council on October 23,2001 by Resolution No. 2001-363, wherein the City Council, in the environmental evaluation of said Village 11 SPA Plan relied in part on the original Otay Ranch GDP Amendment/Village II Sectional Planning Area Plan, Final Environmental Impact Report ("EIR 01-02"); and, WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmenta1 Quality Act and has detennined that the proposed project was adequately covered in previously adopted Otay Ranch GDP Amendment/Village II Sectional Planning Area Plan EIR 01-02. Thus, no further environmenta1 review or documentation is necessary; and, WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Sectional Planning Area (SPA) One P1an amendment (PCM-03-06) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was he1d at the time and place as advertised, namely 6:00 p.m. on May 14, 2003, in the Council Chambers, 276 Fourth Avenue, before the P1anning Commission and said hearing was thereafter closed. WHEREAS, by a vote of the Planning Commission approved the project; and, WHEREAS, a public hearing was scheduled before the City Council of the City ofChula Vista on the Otay Ranch Village 11 SPA Amendment to amend the Village II SPA Plan, Site Utilization P1an by transferring one dwelling unit from Neighborhood R-I to Neighborhood R-2. ?/0 Resolution No. Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as fo\1ows: 1. PLANNING COMMISSION RECORD The proceedings and a\1 evidence introduced before the Planning Commission at their public hearing held on May 14, 2003, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. ACTION The City Council hereby amends the Village 11 SPA Plan, Site Utilization Plan by transferring one dwe\1ing unit from Neighborhood R-1 to Neighborhood R-2 as set forth on Exhibit "B" and Exhibit "C", attached hereto, finding it is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, and all other applicable plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. Ill. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the Otay Ranch GDP Amendment/Vi\1age 11 Sectional Planning Area Plan, EIR 01-02, would have no new effects that were not examined in the Otay Ranch GDP Amendment/Village 11 Sectional Planning Area Plan, ErR 01-02, [Guideline 15168 (c)(2)]. IV. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR EIR The City Council hereby finds that: (1) there were no substantial changes in the Project which would require revisions of said report; (2) no substantial changes have occurred with respect to the circumstances under which the Project is undertaken since certification . of ErR 01-02; (3) and no new information of substantial importance to the Project has become available since the issuance and approval of EIR 01-02; and that, therefore, no new effects could occur or no new mitigation measures will be required in addition to those already in existence and made a condition for Project implementation. Therefore, the City Council approves the Project as an activity that is within the scope of the project covered by the EIR 01-02 [Guideline 15168 (c)(2) and 15162 (a)]. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council hereby finds that the proposed project was adequately covered in previously adopted Otay Ranch GDP Amendment/Village 11 Sectional Planning Area Plan, EIR 01-02. Thus, no further environmental review or documentation is necessary. t;, --/~, Resolution No. Page 3 VI. INCORPORATION OF ALL CONDITIONS, MITIGATION MEASURES AND ALTERNATIVES The City Council does hereby re-adopt and incorporate herein as conditions for this approval an applicable conditions, mitigation measures and alternatives, as set forth in the findings adopted in the Otay Ranch GDP AmendmentIVillage II Sectional Planning Area Plan, EIR 01-02, and Village II SPA Plan docwnent. VII. NOTICE WITH LATER ACTIVITIES The City Council gave notice, to the extent required by law, that this Project was fully described and analyzed and is within the scope of the Otay Ranch GDP Amendment! Village 11 Sectional Planning Area Plan, EIR 01-02, adequately describes and analyzes this project for the purposes ofCEQA [Guideline 15168 (e)]. VIII. SECTIONAL PLANNING AREA (SPA) PLAN FINDINGS The proposed Project is consistent with the Otay Ranch Village II Sectional Planning Area Plan for the following reasons: A. THE PROPOSED SECTIONAL PLANNING AREA PLAN IS IN CONFORMITY WITH THE GENERAL DEVELOPMENT PLAN OF THE P-C ZONE, ANY ADOPTED SPECIFIC PLANS, AND THE CITY OF CHULA VISTA GENERAL PLAN AND ITS SEVERAL ELEMENTS. The request to amend the Village II SPA Plan, Site Utilization Plan by transferring one dwelling unit from Neighborhood R-I to Neighborhood R-2 reflects the land uses, circulation system, open space and recreational uses, and public facility uses consistent with the Otay Ranch General Development Plan and Chula Vista General Plan. B. THE PROPOSED SETIONAL PLANNING AREA PLAN WOULD PROMOTE THE ORDERLY, SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The Otay Ranch Village II SPA Plan amendment contains provisions and requirements to ensure the orderly, phased development of the project. The amendment does not modify any phased development of the project and must comply with all development phase thresholds identified in the Otay Ranch Village II SPA Plan. fro --/ ;? Resolution No. Page 4 C. THE PROPOSED SETIONAL PLANNING AREA PLAN WOULD NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The 1and uses within Otay Ranch are designed to promote pedestrian-oriented neighborhoods. The amendment does not modify any surrounding land uses and is consistent with the residential land use policies as required by the General Plan and Otay Ranch General Development Plan. A comprehensive street network serves the project and provides for access to off-site adjacent properties. The proposed plan will be required to implement all mitigation measures specified in the Otay Ranch GDP Amendment/Village II Sectional Planning Area Plan, ErR 01-02. These mitigation measures will minimize or reduce any identified impacts to land use, circulation and environmental quality. Presented by Approved as to form by Robert A. Leiter Director of Planning and Building Ann Moore City Attorney ~ r;.. - /'2< EXHIBIT A . ~ N E ~ C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: Q) APPLICANT: BROOKFIELD SHEA OTAY, LLC. MISCELLANEOUS PROJECT OTAY RANCH GDp'VILLAGE II Request: Village 11 Tentative Map revision 10 increase R1, R4 and ADORESS: OF OR VALLEY maintenance of R2 at 47 units as shown on approved TM. R1 and R4 increases are within number of units approved in the SPA TM revision SCALE: FILE NUMBER: includes grading improvements to lessen transport of cut and fill materials between areas to the east and west of the SDG&ElSDCWA NORTH No Scale PCM-03-06 easement. j:lhomelplanninglcherrylcllocalorslpcm0306.cdr 08.13.02 t: -/:7 " "'" ::I" ~" ~~~~~~g~S$~m~$$~:~~~~E~~~~S~~ N t;~ !~ ;~~:~~;~~~~~:ri:~~~~~~~~~~~~~ ~a .. o .., N ~~W~~~~~~~~~q~~~q~~~~~~~~~~~q~q~qq~~~~qq~q~~~~~~~~~~~~~~ f~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~M~_~~~~~~~~~:~~-~~~ 'O~ ........ ~ w !Ij a 3 , ...J...J...J ~~~~~~~~~~OOooQaoaa . . . . . ~~~~~~~~~~~~~~~~~~~~~~~~~~~~w~~~~~~~~~220~<<<<<~~w~~ OO~~~~OOW(l)OOOOWWW(l)OO.:l>oo ~ ~88uu~~~~~ooG~~~~~~oo6do """ a a a ~~ g~ ~ o w z ~ . O_NM.~~~~~~O_NM~~~ ~~~~~ ~~~~~ Ii, ~~~~~~~~~____....__O__""NNNNNNO~O~O~O~~ry~O_~O~~~ ~~~~~~~a~ococ<<ococ~oc~ococ~~ocaococ<<~~~~~u~~~~~~_-~ u~ i .:I> i i ~ i~~il~" :t:oJl';: 8~ -, ~1:tr..\-6<a." 2 / Y] r:, -- ,;1 C:J jj. " . ~ ~ CL.iO ~ ~..J gm~zig~ "'~_~ mO :J E 2 i :;) I- VI iti....'" . . . w~~ ~ = ;1s: g I=i:s ~ ,::::'J:I ~ .c" " ~~ ~ "'''' ~ 0; "" .. ~ c ~ t ;;; ~ ~ " = ;; EXHIBIT B ~ N u ... ... "' <5 . . ~ " ii = ~ . E '" EXHIBIT C VILLAGE ELEVEN PC DISTRICT REGULATIONS Residential Districts B. General Standards The general standards found in this section are based on the Otay Ranch General Development Plan/Subregional Plan. Where the Specific Standards listed below are silent on an issue, the Zoning Administrator is authorized to define a standard based on the Otay Ranch General Development Plan/Subregional Plan, the Chula Vista General Plan, Zoning Ordinance, Design Manual and/or Landscape Manual, as may be appropriate. C. Specific Standards The following Property Development Standards shall apply to all land and buildings, other than accessory buildings, pennitted in their respective residential land use district. The use of the symbol "DR" indicates that the standard is established by the approval of a Design Review Application or Tentative Tract Map. Dimensions and standards are minimums, and minor variations may be pennitted subject to Design Review or tract map approval, provided that the minimums specified herein are maintained as average. Lot widths and depths are typical minimums. but may vary slightly with irregularly-shaped lots and site- specific conditions. Refer to Section 11.3.10 Administration, for further infonnation regarding processing requirements. Table II.3.3-2 Residential Property Development Standards LAND USE ZONING SF 3 SF4 RMI RM2 NOTES DISTRICT Lot Criteria: Average lot area (sq.ft.) 5,000 4,000~ DR DR "Average lot area" is the sum of the area of all lots within a neighborhood divided by the total number of lots in the neighborhood. . 2Average lot area may be reduced for attached units with design review approval. Minimum lot area (sq.ft.) 4,000 3,000 DR DR . Minimum lot area may be reduced for attached units with design review approval. Minimum lot depth (feet) 90 60 DR DR Maximum floor area to lot .65 .65 DR DR See "Floor Area Ratio" section, area ratio (FAR) LAND USE ZONING SF 3 SF4 RMI RM2 NOTES DISTRICT Minimum lot width (feet): Measured at setback line 45 40 DR DR Lot width may be reduced if lots are served by an alley, 4J Lot width may be reduced for z-lot concept. Flag lot street frontage 20 20 DR DR Knuckle or cul-de-sac 20 20 DR DR street frontage Brookfield Shea Otay, LLC 3-1 October 9. 20n I Amended May 27, 2003 0'-.;1/ VILLAGE ELEVEN PC DISTRICT REGULATIONS Reside/ltial Districts LAND USE ZONING SF 3 SF4 RMl RM2 NOTES DISTRICT Minimum front yard setback (feet from back of sidewalk) To direct entry garage 19.5 19.5 DR DR A maximum of 33% of garages may be set back at 19.5 feet within a neighborhood, A minimum of 33% of garages on lots at least 50 feet wide and 100 feet deep shall be set back a minimum of 30 feet and incorporate Hollywood style driveways. Sectional roll-up doors required when setback is less than 22 feet. To side entry ("swing- 10 10 DR DR 12-[00t wide driveway is encouraged; in") garage6 16- foot wide maximum driveway allowed. To main residence IS 15 DR'- DR May be reduced to 10 feet if garage is accessed from alley, 7a May be reduced for z-Iot and zero lot line concepts with approval by the zoning administrator. See Village Design Plan for street fa,ade design standards. To pedestrian-oriented 8 8 8/DR DR "Dimension applies to detached or Seating Areas and Entry attached single family dwellings; Features Design Review (DR) applies to multi- family land uses. 'May be reduced to 6 feet for courtyards. A Minimum of 66lJ/o of neighborhood residential units shall provide a pedestrian-oriented seating area (porch, etc.) and 33% shall provide a pedestrian-oriented entry feature as described in Section D. Minimum side yard setback (feet) See "Architectural Projections" Section J. To adjacent residential 5 5' DR DR May be reduced for zero lot line lot concepts, Distance between 10 10 DR DR May be reduced based on Design detached units Review for zero-lot line, Z-lot, two- pack or similar design concepts. To porch/veranda/entry 7'" 7 7 DR For detached and attached single feature (corner lots only) family dwellings only. Residential street from 13 13 DR- DR May be reduced to 10 feet on non- building to back of featured side of promenade street. adjacent sidewalk 12Minimum 8 feet on featured side and (comer lot) minimum 5 feet on non-featured side of promenade street. Brookfield Shea Otay, LLC 3-2 October 9. 2001 Amellded May 27,2003 cP -- A .;( ATTACHMENT 8 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLANNED COMMUNITY DISTRICT REGULATIONS TO ADD LANGUAGE TO THE PC DISTRICT REGULATIONS FOR OT A Y RANCH VILLAGE 11. WHEREAS, the property which is the subject matter of this ordinance is identified as Exhibit "A" attached hereto and described on Chula Vista Tract 0 I-IIA, and is commonly known as Village 11 ("Property"); and, WHEREAS, a duly verified application to amend the Otay Ranch Village 11 SPA Plan Planned Community District Regulations was filed with the City of Chula Vista Planning and Building Department on July 29, 2002 by Brookfield Shea Otay LLC, ("Applicant"); and, WHEREAS, the amendment to the Otay Ranch SPA One Planned Community District Regulations is intended to ensure that the Otay Ranch SP A One Plan is prepared in accordance with the Otay Ranch General Development Plan (GDP), to implement the City of Chula Vista General Plan for eastern Chula Vista, to promote the orderly planning and long tenn phased development of the Otay Ranch GDP and to establish conditions which will enable the amended Otay Ranch Village 11 SPA Plan area to exist in harmony within the community ("Project"); and, WHEREAS, the amended Otay Ranch SPA One Planned Community District Regulations and Zoning District Map is established pursuant to Title 19 of the Chula Vista Municipal Code, specifically Chapter 19.48 (PC) Planned Community Zone, and are applicable to the Otay Ranch Village 11 Site Utilization Plan of the amended Village 11 SPA Plan; and, WHEREAS, the amended Otay Ranch SPA One Planned Community District Regulations enhances the pedestrian-oriented neighborhood design in the village by adding footnotes to the Planned Community (PC) District Regulations, Table 11.3.3-2, "Residential Property Development Standards", to allow reduced minimum lot widths and reduced front yard setbacks for a "z-Iot" and "zero lot-line" single-family design concept. The applicant proposes to apply for implementation of the z-Iot configuration in Neighborhood R-l. The reduced lot widths and front yard setbacks provide design flexibility and implement several Otay Ranch goals and principles; and, WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area Plan ("SPA Plan") previously approved by the City Council on October 23,2001 by Resolution No. 2001-363, wherein the City Council, in the environmental evaluation of said Village 11 SPA Plan, relied in part on the original Otay Ranch GDP AmendmentlVillage 11 Sectional Planning Area Plan, Final Environmental Impact Report ("EIR 01-02"); and, WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has detennined that the proposed project was adequately covered in previously adopted Otay Ranch GDP Amendment! /" ..., li..... - ,:(.,;) Ordinance No. Page 2 Village 11 Sectional Planning Area Plan ErR 01-02. Thus, no further environmental review or documentation is necessary; and, WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Sectional Planning Area (SPA) One Plan amendment (PCM-03-06) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. May 14,2003, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. WHEREAS, by a vote of proj ect; and, , the Planning Commission recommended approved the WHEREAS, a public hearing was scheduled before the City Council of the City ofChula Vista on the Otay Ranch Village II SPA Amendment to add language (footnotes) to the PC District Regulations to allow reduced setbacks for "z-Iot" single-family residential lot configurations. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL ofthe City of Chula Vista does hereby find, detennine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the amended Village II SPA Plan held on May 14, 2003 and the minutes and resolutions therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. ACTION The City Conncil hereby approves an amendment to the Vil1age II SPA Planned Community District Regulations adding footnotes to the Planned Community (PC) District Regulations, Table II.3.3-2, "Residential Property Development Standards", to allow reduced minimum lot widths and reduced tront yard setbacks for a "z-Iot" and "zero lot-line" single-family design concept, which implements several Otay Ranch goals and principles finding that they are consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Otay Ranch Vil1age II SPA Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. &.~-- ,;{ y Ordinance No. Page 3 III. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the Otay Ranch GDP AmendmentlVil1age II Sectional Planning Area Plan, EIR 01-02, would have no new effects that were not examined in the Otay Ranch GDP AmendmentlVil1age II Sectional Planning Area Plan, EIR 01-02, [Guideline 15168 (c)(2)]. IV. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR EIR The City Council hereby finds that: (I) there were no substantial changes in the Project from EIR 01-02, which would require revisions of said report; (2) no substantial changes have occurred with respect to the circumstances under which the Project is undertaken since certification of EIR 01-02; (3) and no new infonnation of substantial importance to the Project has become available since the issuance and approval of EIR 01-02; and that, therefore, no new effects could occur or no new mitigation measures will be required in addition to those already in existence and made a condition for Project implementation. Therefore, the City Council approves the Project as an activity that is within the scope of the project covered by EIR 01-02 [Guideline 15168(c)(2) and 15162(a)]. V. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council hereby finds that the proposed project was adequately covered in previously adopted Otay Ranch GDP AmendmentlVil1age II Sectional Planning Area Plan, EIR 01-02. Thus, no further environmental review or documentation is necessary. VI. INCORPORATION OF ALL CONDITIONS, MITIGATION MEASURES AND AL TERNA TIVES The City Council does hereby re-adopt and incorporate herein as conditions for this approval all applicable mitigation measures and alternatives, as set forth in the findings adopted in the Mitigation Monitoring Program for EIR 01-02. VII. NOTICE WITH LATER ACTIVITIES The City Council does hereby give notice, to the extent required by Jaw, that this Project was ful1y described and analyzed and is within the scope of the EIR 01-02 adequately describes and analyzes this project for the purposes of CEQA [Guideline 15168(e)]. VIII. SECTIONAL PLANNING AREA (SPA) PLAN FINDINGS The proposed Project is consistent with the Otay Ranch Village II Sectional Planning Area Plan for the following reasons: t, -- .::< ~ Ordinance No. Page 4 A. THE PROPSED SECTIONAL PLANNING AREA PLAN IS IN CONFORMITY WITH THE GENERAL DEVELOPMENT PLAN OF THE P-C ZONE, ANY ADOPTED SPECIFIC PLANS, AND THE CITY OF CHULA VISTA GENERAL PLAN AND ITS SEVERAL ELEMENTS. The request to amend the Otay Ranch Village 11 SPA Plan to add language (footnotes) to the PC District Regulations to allow reduced setbacks for "z-Iot" single-family residential lot configurations, reflects the land uses, circulation system, open space and recreational uses, and public facility uses consistent with the Otay Ranch General Development Plan and Chula Vista General Plan. B. THE PROPOSED SETIONAL PLANNING AREA PLAN WOULD PROMOTE THE ORDERLY, SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The Otay Ranch Village II SPA Plan amendment contains provIsIOns and requirements to ensure the orderly, phased development of the project. The amendment does not modify any phased development ofthe project and must comply with all development phase thresholds identified in the Otay Ranch Village II SPA Plan. C. THE PROPOSED SECTIONAL PLANNING AREA PLAN WOULD NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The land uses within Otay Ranch are designed to promote pedestrian-oriented neighborhoods. The amendment does not modify any surrounding land uses and is consistent with the residential land use policies as required by the General Plan and Otay Ranch General Development Plan. A comprehensive street network serves the project and provides for access to off-site adjacent properties. The proposed plan will be required to implement all mitigation measures specified in the Otay Ranch GDP Amendment/Village 11 Sectional Planning Area Plan, EIR 01-02. These mitigation measures will minimize or reduce any identified impacts to land use, circulation and environmental quality. Presented by Approved as to form by Robert Leiter Planning and Building Director Ann Moore City Attorney d- --;{ &:- EXHIBIT A CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C9 APPLICANT: BROOKFIELD SHEA OTAY. LLC. MISCELLANEOUS PROJECT OTAY RANCH GDP, VILLAGE II Request: Village 11 Tentative Map revision to increase Ri, R4 and ADDRESS: OF OR VALLEY maintenance of R2 at 47 unjts as shown on approved TM, R1 and R4 increases are within number of units approved in the SPA, TM revision SCAlE: FILE NUMBER includes grading improvements to lessen transport of cut and fill NORTH No Scale PCM-03-06 materials betw'een areas to the east and west of the SDG&ElSDCWA easement. j:\home\planning\cherrylc\locators\pcm0306.cdr 08 13.02 {~ A';/ ATTACHMENT 9 RESOLUTION NO. PCS-03-02 RECOMMENDING THAT THE CITY COUNCIL APPROVE A REVISED TENTATIVE SUBDIVISION MAP FOR OTAY RANCH VILLAGE 11 TO SUBDIVIDE NEIGHBORHOOD R-23 AND UTILIZE UNUSED VILLAGE 11 SPA DWELLING UNITS IN NEIGHBORHOOD R-l AND R-4 (CHULA VISTA TRACT 01-11 A). WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached to City Council Resolution No. and described on ChuJa Vista Tract 01-IIA, and is commonly known as ViJlage 11 ("Property"); and, WHEREAS, an application to revise the Tentative Subdivision Map for Otay Ranch ViJlage 11 was filed with the City ofChula Vista Planning and Building Department on July 29, 2002 by Brookfield Shea Otay LLC, ("Applicant"); and, WHEREAS, the application requested the approval for the subdivision of approximately 42.7 acres located on the south side of Olympic Parkway, east of the future extension of Hunte Parkway, west offuture extension of Eastlake Parkway and north offuture University site in Phase One of the Village II SPA area; and, WHEREAS, the development of the Property has been the subject matter of a Tentative Subdivision Map ("C.V.T. 01-11") previously approved by the City Council on October 23,2001 by Resolution No. 2001-364, wherein the City Council, in the environmental evaluation of said Village II SPA Plan relied in part on the original Otay Ranch GDP Amendment/Village II Sectional Planning Area Plan, Environmental Impact ("EIR 01-02"); and, WHEREAS, the Applicant filed an amendment to the Village II SPA Plan, (PCM-03-06), and said amendment was adopted by the City Council on May 27,2003 by Resolution No. and, WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed Project and determined proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in previously adopted Otay Ranch GDP Amendment/ViJlage 11 Sectional Planning Area Plan, (EIR 01-02). Thus, no further environmental review or documentation is necessary; and, WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Village II Revised Tentative Subdivision Map (PCS-03-02) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet ofthe exterior boundaries of the Project site at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. May 14,2003, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. / ~ V --;(;X Resolution No. PCS-03-02 Page 2 NOW, THEREFORE, BE IT RESOLVED THAT, trom the facts presented to the Planning Commission, the Commission has detennined that the approval ofOtay Ranch Village 11 Revised Tentative Subdivision Map (PCS-03-02) is consistent with the City ofChula Vista General Plan, the Otay Ranch General Development Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning practice support the approval. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt a resolution approving said Otay Ranch Village 11 Revised Tentative Subdivision Map (PCS-03-02) in accordance with the findings contained in the attached City Council Resolution No. 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 VIST A, CALIFORNIA, this 14T11 day of May, 2003 by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: Russ Hall, Chair ATTEST: Diana Vargas, Secretary i\i I' c:) .---?y . EXHIBIT A EASTlAKE VISTAS C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C) APPLICANT: BROOKFIELD SHEA OTAY, LLC. MISCELLANEOUS PROJECT OTAY RANCH GDP. VILLAGE II Request: Village 11 Tentative Map rev;sion to inaease R1, R4 and ADDRESS: OF OR VALLEY maintenance of R2 at 47 units as shown on approved 1M, R1 and R4 increases are within number of units approved in the SPA TM revision SCAlE: FILE NUMBER: includes grading improvements 10 lessen transport of cui and fill materials between areas to the east and west of the SDG&ElSOCWA NORTH No Scale PCM..Q3-06 easement. j:lhomelplanninglcherrylcllocatorslpcm0306.cdr 08.13.02 03C ATTACHMENT 10 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REVISED TENTATIVE SUBDIVISION MAP FOR OTAY RANCH VILLAGE 11 TO SUBDIVIDE NEIGHBORHOOD R-23 AND UTILIZE UNUSED VILLAGE 11 SPA DWELLING UNITS IN NEIGHBORHOOD R-l AND R-4 (CHULA VISTA TRACT Ol-l1A). WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached hereto and described on Chula Vista Tract 01-11 A, and is commonly known as Village II ("Property"); and, WHEREAS, a duly verified application for the Otay Ranch Village 11 Revised Tentative Subdivision Map (C.V.T. Ol-IIA) was filed with the City ofChula Vista Planning and Building Department on July 29,2002 by Brookfield Shea Otay LLC, ("Applicant"); and, WHEREAS, the application requested the approval for the subdivision of approximately 42.7 acres located on the south side of Olympic Parkway, east of the future extension of Hunte Parkway, west of future extension of Eastlake Parkway and north of future University site in Phase One of the Village II SPA area; and, WHEREAS, the development of the Property has been the subject matter of a Tentative Subdivision Map ("C.V.T. 01-11") previously approved with Tentative Map conditions by the City Council on October 23, 2001 by Resolution No. 2001-364, wherein the City Council, in the environmental evaluation of said Village II SPA Plan relied in part on the original Otay Ranch GDP Amendment/Village II Sectional Planning Area Plan, Environmental Impact ("EIR 01- 02"); and, WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed project and detennined proposed project for compliance with the California Environmental Quality Act and has detennined that the proposed project was adequately covered in previously adopted Otay Ranch GDP Amendment/Village II Sectional Planning Area Plan EIR 01-02. Thus, no further environmental review or documentation is necessary; and, WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Village II Revised Tentative Subdivision Map (PCS-03-02) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. on May 14, 2003, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. WHEREAS, by a vote of the Planning Commission approved the project; and, (-, 3/ Resolution No. Page 2 WHEREAS, a public hearing was scheduled before the City Council of the City of Chula Vista on said Otay Ranch Village II Revised Tentative Subdivision Map (PCS-03-02). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on May 14, 2003, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. ACTION The City Council hereby adopts said Otay Ranch Village II Revised Tentative Subdivision Map (PCS-03-02), which will remain subject to the Tentative Map conditions approved by the City Council on October 23, 2001 pursuant to Resolution No. 2001-364, to subdivide Neighborhood R-23 and utilize unused Village II SPA dwelling units in Neighborhoods R-I and R-4 finding it is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, and amended Otay Ranch Village 11 SPA Plan (PCM-03-06) and all other applicable plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. III. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the Otay Ranch GDP Amendment/Village 11 Sectional Planning Area Plan, ElR 01-02, would have no new effects that were not examined in the Otay Ranch GDP Amendment/Village II Sectional Planning Area Plan, ElR 01-02, [Guideline 15168 (c)(2)]. IV. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR EIR The City Council hereby finds that: (I) there were no substantial changes in the Project which would require revisions of said report; (2) no substantial changes have occurred with respect to the circumstances under which the Project is undertaken since certification of ElR 01-02; (3) and no new information of substantial importance to the Project has become available since the issuance and approval of ErR 01-02; and that, therefore, no new effects could occur or no new mitigation measures will be required in addition to those already in existence and made a condition for Project implementation. Therefore, the City Council approves the Project as an activity that is within the scope of the project covered by ElR 01-02 [Guideline 15168 (c)(2) and 15162 (a)]. ~. - :?;? Rcsolution No. Page 3 IV. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council hereby finds that the proposed project was adequate1y covered in previously adopted Otay Ranch GDP Amendment/Village 11 Sectional Planning Area Plan, ErR 01-02. Thus, no further environmenta1 review or documentation is necessary. VI. INCORPORATION OF ALL CONDITIONS, MITIGATION MEASURES AND ALTERNATIVES The City Council hereby re-adopts and incorporates herein as conditions for this approval all applicable conditions, mitigation measures and alternatives, as set forth in the findings adopted in the Otay Ranch GDP Amendment/Village 11 Sectional Planning Area Plan, ErR 01-02, and Village 11 SPA P1an document. VII. NOTICE WITH LATER ACTIVITIES The City Counci1 gave notice, to the extent required by law, that this Project was fully described and analyzed and is within the scope of the Otay Ranch GDP Amendment/ Village 11 Sectional Planning Area Plan, ErR 01-02, adequately describes and analyzes this project for the purposes ofCEQA [Guideline 15168 (e)]. VIII. TENTATIVE SUBDIVISION MAP FINDINGS Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Counci1 finds that the Otay Ranch Village 11 Revised Tentative Subdivision Map (C.V.T. 01-IIA) herein for Applicant, is in conformance with all the various elements of the City's Genera1 Plan, the Otay Ranch General Deve10pment Plan and the amended Village II Sectional Planning Area (SPA) Plan, based on the following: I. Land Use The Project is in a planned community that provides single-family residential uses, park1and uses, school uses, and open space. The Project is also consistent with General Plan, Otay Ranch GDP, and amended Otay Ranch Village II Sectional Planning Area (SPA) Plan policies related to grading and landforms. 2. Circulation All of the on-site and off-site public and private improvements required to serve the subdivision are part of the project description or are conditioned consistent with the Otay Ranch Genera1 Deve10pment P1an, and the amended Village II SPA Plan. The Applicant shall construct those facilities in accordance with City and Village 11 Sectional Planning Area (SPA) Plan standards. 4:- -? ..., .;;J..5 Resolution No. Page 4 3. Housing An affordable housing agreement between the City and The Otay Ranch Company (Master Developer) has been executed and is applicable to subject Project providing for low and moderate-income households. 4. Parks, Recreation and Open Space Parks, recreation and open space obligations are conditioned under previously adopted and still applicable Tentative Map conditions. Construction of Park and open space and programmable recreation facilities are the responsibility of the Applicant. 5. Conservation The preceding Otay Ranch GDP Amendment/Village II Sectional Planning Area Plan, EIR 01-02, addressed the goals and policies of the Conservation Element of the General Plan and found development of this site to be consistent with these goals and policies. The Otay Ranch Phase Two Resource Management Plan requires conveyance of 1.188 acres of land to the Otay Ranch Preserve for every one-acre of developed land prior to approval of any Final Map. 6. Seismic Safetv The proposed subdivision is in confonnance with the goals and policies of the Seismic Element of the General Plan for this site. No seismic faults have been identified in the vicinity of the Project according to the Otay Ranch SPA One Geotechnical Reconnaissance Report. 7. Public Safetv All public and private facilities are expected to be reachable within the threshold response times for fire and police services. 8. Public Facilities The Applicant will provide all on-site and off-site streets, sewers and water facilities necessary to serve this Project. The developer will also contribute to the Otay Water District's improvement requirements to provide tenninal water storage for this Project as well as other major projects in the eastern territories. 9. Noise The Project will include noise attenuation walls pursuant to an approved Acoustical Noise Study for the project. In addition, all units are required to meet G ,gf/ Resolution No. Page 5 the standards of the Unifonn Building Code with regard to acceptable interior noise levels. 10. Scenic Highway The roadway design proyides wide landscaped buffers along Olympic Parkway the only General Plan, GDP/SRP scenic highways adjacent to the Project. 11. Bicycle Routes The Project is required to provide on-site bicycle routes as indicated III the regional circulation system of the General Plan and the Otay Ranch GDP. 12. Public Buildings Public buildings are not proposed on the Project site as part of the community purpose facility locations. The Project is subject to appropriate residential fees prior to issuance of building pennits. The conditions herein imposed on the grant of pennit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. Presented by Approved as to fonn by Robert A. Leiter Director of Planning and Building Ann Moore City Attorney { --:7.....- - .:J.. oJ EXHIBIT A --;---'-'-'---7} l I' \/""~L ,-.....././- //- '''-...0<,1-, ,,\1-~ \'" ~ "-.... --...-j ~ /~-- - .------ / --"l"" /// I /- - ~ r-_, : .. ~ ~~ I i p";-"-- /;:::/~/- -,.-:;,--- ~/~ \ -........ /- \ \ \ CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT MISCELLANEOUS C9 APPLIcANT: BROOKFIELD SHEA OTAY, LLC. PROJECT OTAY RANCH GDP. VILLAGE II Request: Village 11 Tentative Map revision to increase R1 R4 and ADDRESS: OF OR VALLEY maintenance of R2 at 47 units 85 shown on approved TM. 'R1 and R4 increases are within number of units approved in the SPA TM revision SCALE: FILE NUMBER: includes grading improvemen1s to lessen transport of cut and fill NORTH No Scale PCM-03-06 materials between areas to the east and west of the SDG&ElSDCWA easement. J.lhomelplannmglcherrylc\locators\pcm03P6.cdr 08.13.02 t - ::;-1 V Appendix B THE CITY OF CHULA VISTA DISCLOSURE STATEMENT ATTACHMENT 11 You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having financial interest in the property which is the subject of the application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier. N/A 2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. N/A 3. If any person' identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. N/A 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve months? Yes No -L If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. Hunsaker & Associates San Diego, Inc. John Norman - Brookfield Homes Paul Barnes - Shea Homes Steve DavIe - Brookfield Homes Sandra E. Moore - Brookfield Homes John Vance - Shea Homes E. Dale Gleed - Brookfield Homes 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No -L.. If yes, state which Councilmember(s): Date: \/1t'Y3 (NOTE: ATTACH ADDITIONAL PAGES AS NECESSARY) . i), / ! , \ , ~ ctor/applicant Print or type name of contractor/applicant * Person is defined as; "Any individual, firm, co-partnership, joint venture, association, social club, /realemul organization, corporatIOn, estate, trust, receiver, syndicate, this and any other county, city and country, city municipality, district, or other political subdivision, or any other group or combination acting as a unit. " /" -;""? ~ CI-' - J /' PLANNING COMMISSION AGENDA STATEMENT Item: Meeting Date: 5/14/2003 ~ ITEM TITLE: Public Hearing: Negative Declaration (IS-03-008); Rezone (PCZ-03-02) from the Thoroughfare Commercial, Precise Plan (C-T-P) zone to the Central Commercial Precise Plan (C-C-P) zone; and Precise Plan (PCM-03-21) to allow for a mixed-use project that includes: (I) 41 apartments affordable to low income senior citizens with associated support services; (2) one manager's apartment; (3) 2,219 square feet of retail space; and (4) reductions in setbacks, parking and open space. The project site is located at 825 Broadway. The developer is the Metropolitan Area Advisory Committee (MAAC). The project requires a Precise Plan in order to develop a functional mixed-use development on the 1- acre property. The project will provide affordable housing for senior citizens and introduce new commercial/retail uses intended to compliment the existing uses in the area. The Precise Plan wil1 allow flexibility ofthe development standards that would enahle the developer to develop the site as indicated. The rezone from the C - T-P zone to the C-C -P zone is necessary because the latter zone allows for mixed-use development. The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-03-008 in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has detemlined that there is no substantial evidence, in light of the whole record before the City ofChula Vista, that the project may have a significant effect on the environment; therefore, the Environmental Review Coordinator has prepared a Negative Declaration, IS-03-008. The Resource Conservation Commission recommended adoption of the Negative Declaration on April 7,2003. Public comment was received on April 25, 2003. A summary of the comments and staffs response is provided in Attachment 8. RECOMMENDATION: That the Planning Commission recommends to the City Council, and Redevelopment Agency adoption of the Ordinance for a Rezone (PCZ-03-02). Furthennore, the Planning Commission recommends to the Redevelopment Agency adoption ofthe attached Negative Declaration and Precise Plan Ordinance (PCM-03-21), based on the findings and conditions contained therein for the mixed-use project as described above. DISCUSSION: 1. Background The project site is located at 825 Broadway between Sierra Way and 'K' Street and is currently vacant. The site is owned by the Chula Vista Elementary School District and is adjacent to the Chula Vista Charter School's recreation field. The project is a combined Rezone and Precise Plan proposal / Pa/:e 2, Item: Meeting Date: 5/14/03 for an urban in-fill mixed-use project that will be developed by the Metropolitan Area Advisory Committee (MAAC). MAAC is an agency that specializes in housing development for moderate to low-income families, and is promoting a "Generations Together" program with the project that will bring the senior residents and the Charter School students together to participate in a variety of recreational, cultural, social and educational activities in an effort to enhance a unique learning and growing experience that will enrich their lives. The proposed project is one oftwo mixed-use projects currently proposed along Broadway. The other mixed-use project is located at 760 Broadway and includes 40 lane homes and nine loft apartments above retail/commercial uses. 2. General Plan, Zoning and Land Use Site: North: South: East: West: General Plan Retail Retail Retail Retail Retail Zoning C-T-P C-T C-T C-T-P C-T Current Land Use Vacant Courtney Tires Mortuary Charter School Residential 3. Proposal The first part of this application involves a proposed rezone from the C- T-P zone to the C-C -P zone. The C-C - P zone allows mixed-use deve10pment while the C - T -P zone does not. The second part of the application is for a mixed-use project the will be developed on a I-acre site within the City's Southwest Redevelopment Area. The project includes: (1) 41 affordable apartments for senior citizens; (2) one manager's apartment; (3) 2,219 square feet of retail space; (4) 6,100 square feet of community and common open space on-site; (5) a Social Services kiosk; and (6) 45 on-site parking spaces. Additiona1 on-street parking spaces will be available on Broadway and Sierra Way to provide parking for the patrons ofthe retail uses. Access to the off-street parking for the project will be rrom Broadway by a driveway located at the north end of the project site. The project has been designed as a three-story "u" shape building with retail/commercial at ground level and residential on the second and third levels. The parking area is adjacent and north of the building, and is screened from view a10ng Broadway by an architecturally designed wall that will connect the social services kiosk at the northwest comer of the site to the main building. The apartments will have a floor area of 534 square feet and will include one bedroom. The manager's apartment will have a floor area of 814 square feet with two-bedrooms. The apartments will be 10cated above the retail/conmlercial uses and will reach a height of approximately 35 feet. The project wi]] provide 6,100 square feet of on-site open space. The open space includes a large courtyard, a community room, lounges area, a library and a recreation room. The Charter School's recreation field will provide additional off-site open space for use by the project residents. The proposed social services kiosk will provide services and programs to assist the on-site residents. :L Page 3, Item: Meeting Date: 5/14/03 4. Development Standards Table The proposed C-C-P zone would allow mixed-use projects when the residential developments meet the R-3 zone development standards identified in the following table Standards (C-C Zone) Minimum Proposed Required Front Yard Setback 25 feet Retail-Ant: 6 feet* Ext. Side Yard Setback None None Rear Yard Setback: None None Height: 45 feet Retail-Apt: 35 feet Parking (off-street)**: 74 spaces 45 On-site* Standards (R-3 Zone) Minimum Proposed Required Front Yard Setback 15 feet Anartments: 6 feet* Side Yard Setbacks 17 feet Anartments: 6 feet* Rear Yard Setback 15 feet Apartments: 6 feet* Height 28 feet Apartments: 35.5 feet* Parking 63 spaces Apartments: 21.5 spaces* *Requested flexibility from the CC and R-3 zones per Sections 19.56.040 and 19.56.041 ofthe CYMC. ** Requested flexibility from Section 19.58.205(D), independent residential/commercial parking, per Sections 19.56.040 and 0410fthe CYMC. ANALYSIS: Rezone The proposed rezone from the C-T-P zone to the C-C-P zone is requested by the developer because the C-C- P zone allows mixed-use development while the C-T-P zone docs not. 80th zones are consistent with the General Plan Land Use Element, which designates this area retail commercial. The CC zone will contribute to the public convenience and general welfare by further assisting the City's efforts to satisfy the goals and objectives of Redevelopment Agency and Chapter 10, Section 5.9, of the General Plan. Precise Plan Section 19.56.041(8) states that the property or area to which the P modifying district is applied, is adjacent and contiguous to a zone allowing different uses, and the development of the Precise Plan will allow the area designated to coexist between land uses which might otherwise prove incompatible. The zones surrounding the site include Thoroughfare Commercial (C- T) to the north and south, which allows a variety ofretail and commercial uses, and Thoroughfare Commercial, Precise Plan (C- T-P) to the east, which is the Chula Yista Charter School. Single-family dwellings are further to the east. The site would be zoned Central Commercial with a Precise Plan modifier (C -C -P) and is subject to ..:3 Page 4, Item: Meeting Date: 5/14/03 the development standards of the C-C and R-3 zone because the project is a mixed-use retail/commercial and residential development. The existing development standards limit the developer's potential to maximize the use of the site with the project. As a result, the project has been designed with a high density residential concept and zero lot line for the retail uses with building encroachments into the required setbacks, a reduction in the required common open space square footage for some residential units and the reduction in number of on-site parking spaces. These deviations are warranted given the constraints to the site and the intent to develop the site with a functional use to meet the policies of the General Plan. The mixed-use project's site design allows the proposed uses to function cohesively with the surrounding uses, while visually and economically enhancing the area and promoting a beneficial development for the general welfare of the citizens in the area and the City. The Precise Plan can allow the project to deviate from the development standards in an effort to develop the site with a fcasible mixed-use project. The project has been evaluated in accordance with the Chula Vista Design Manual (CVDM) and with the goals and objectives of the Southwest Redevelopment Plan area and Chapter 10, Section 5.9, ofthe General Plan. This section states that medium to high density residential development is potentially desirable along certain sections of Broadway. The General Plan states that mixed-use development should consider access, appropriate setbacks and screening from any adjacent non- compatible uses, and that implementation of this policy should consider a special zone or land use overlay that would establish specific development criteria for project design. The project's intent is to maximize the use of the site with a functional mixed-use project. This requires less than the required setbacks, residential parking and open space requirements of the Zoning Ordinance. The Precise Plan will allow the project to deviate from the Zoning Ordinance deve10pment standards if the Planning Commission and the Redevelopment Agency find that the project warrant the deviations in order to meet the objectives of the General Plan. Building Setbacks: Without the project will be subject to the proposed C -C zone 25- foot /Tont yard setback requirement. The project proposes a building setback of 6 feet front from the public right-of-way along Broadway. The project does not meet the building setback standards because the small size of the site and the proposed site design, which is intended to characterize an urban mixed-use development. However, the project's proposed front yard setback is similar to the setbacks of other retail/commercial buildings along Broadway, and would be in keeping with the General Plan goals of creating a more intensive urban environment along Broadway. The Precise Plan can allow for the reduction in the setback standards. Parking: The site will contain residential and retail uses that have specific parking requirements as noted in the Development Standards Table above. Based on the residential uses and retail/commercial square footage, the CVMC requires 74 parking spaces for the project. Additionally, the code requires that residential and retail parking need to be independent. However, the lot size and project design limits the project's ability to satisfy the number of parking spaces and separate 'f Page 5, Item: Meeting Date: 5/14/03 residential and retail parking requirements on-site. The project proposes a total of 45 parking spaces on-site. Approximately 34 spaces will be for residential use, and the remaining II spaces will be for supplemental parking for the project. Additional on-street parking will be available along Broadway and Sierra Way. The curbside parking is limited to 2-hour parking and can be used for loading, patrons and residents or guests. The developer's request for a reduction in the parking standards from the required 1.5 to .5 per residential unit and I space per 200 square feet ofretail space is necessitated by the lot size, the project's design, other on-site requirements (trash enclosures, open space) and the mixed-use nature of the project. Additionally, there is a bus line that services the site in IS-minute intervals. Parking for the project is shown in the table below. MAAC Seniors on Broadway Parkin!! Table Parking Type Parking Project Proposed Additional on- Standard Reauirement street parking Retail/Commercial 1:200 II 11 Shared Residential I: 1.5 63 34 (1:.5) Shared *Based on the 288 linear foot distance of the property along Broadway and typical standard curbside parking spaces. The strict application of the City's parking standards would make the proposed project not feasible. The City has approved mixed-use projects including Main Plaza and Kingsford Manor. Both projects required a reduction in parking standards, which were supported and approved. Parking Standards for Other Jurisdictions: Staff researched to two other jurisdictions, which have similar urban characteristics, on the parking standards for senior housing development. The City of La Mesa evaluates parking for senior projects on a case-by-case basis. Two examples include a senior project that was allowed a .4 parking space per unit for a large-scale project (48 spaces/129 units), and a .5 space per unit for a small-scale project (42 spaces/8l units). The City of El Cajon uses a .5 space per unit standard for the aged and disabled. Additionally, staff from the Community Development and Planning Departments conducted surveys of other jurisdictions and found that the jurisdictions allow reductions in parking standards for mixed-use, affordable housing and senior housing projects. If the .5 parking ratio is applied to the proposed project, then the required spaces would be 34 spaces for 42 residential units. The City's use of the Precise Plan for the proposed project would allow a reduction in the parking requirement. Staff believes that this is warranted for several reasons including less cars, availability of transit, and nearby services. The Planning Commission and Redevelopment Agency, in their consideration of the Precise Plan, will decide on what the appropriate parking should be. 5- Page 6, Item: Meeting Date: 5/14/03 Common Open Space: The project will provide approximately 6,100 square feet of common open space on-site for the residents. The open space consists an open landscaped courtyard, library, community room and lounges. Without the Precise Plan, the residential component of the mixed-use project is subject to the R-3 zone development standards. In this case, the common open space requirement is 400 square feet per unit (400 s.f. x 42 units = 16,800 s.f.), therefore; the project does not meet the common open space standard. However, the Precise Plan can allow for variations rrom the common open space standard. Staff is recommending approval ofthe varia!lon in the open space standard for the three related reasons: I) The restrictions on occupancy ofthis project to seniors; 2) the amenities provided that are geared toward the intended residents; and 3) the availability of adjacent school grounds during non-school hours. The Chula Vista Elementary School District and developer have a written agreement stating that the residents can use the Charter School's activity field adjacent to the project for outdoor activities. CONCLUSION: The mixed-use project is a unique urban-infill project that introduces new retail and affordable residential uses along Broadway. The project's design and intent to maximize the use ofthe site with a functional development precludes the project from meeting the development standards in the C-C zone, which include residential parking, common open space and building setbacks. However, the deficiencies are not significant and staff is recommending approval of the deviations requested through the Precise Plan. Staffbelieves that the project will enhance the area and potentially become a model for architectural design for future development north of L Street along Broadway. Staff recommends that the Planning Commission recommend adoption of the Negative Declaration and approval of the Rezone and Precise Plan to the City Council and Redevelopment Agency. ATTACHMENTS: 1. Locator Map 2. Notice of Decision 3. Draft Planning Commission Resolution for Rezone 4. Draft Planning Commission Resolution for Precise Plan 5. Draft City Council Rezone Ordinance 6. Draft Redevelopment Agency Precise Plan Ordinance 7. Negative Declaration 8. Comment Letter on Negative Declaration and Staffs Response J:\Planning\Mu:had\PCC RL"ports\PCM-03-21 ~ . . " ATTACHMENT I 'Y\ ~ NEFF RENTAL INC " S"{ ~ \.. , ~ \ \ .....- C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: ~ APPLICANT: MAAC PROJECT MISCELLANEOUS PROJECT Request: Proposal for a Precise Plan for a mixed use ADDRESS: 825-841 BROADWAY project consisting of 2,220 square feet units for senior SCALE: FilE NUMBER: 7 citizens. NORTH No Scale PCM-03-21 Related Case(s): SUPS-03-05 j:lhomelplanninglcherrylcllocatorslpcm0321.cdr 01.22.03 ATTACHMENT 2 ~~f?- :~:: ~~ ........_~ Design Review Committee CITY OF CHULA VISTA NOTICE OF DECISION On PCM-03-21 (MAAC Project) Notice is hereby given that the City of Chula Vista Design Review Committee has considered PCM-03-15, a Precise Plan for a mixed-use project that includes 41 rental units for senior citizens, a manager's unit and 2,219 square feet of retail/commercial space. The project site is located at 825 Broadway in the C-T zone. The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has prepared a Negative Declaration for the project. The Resource Conservation Commission (RCC) recommended approval of the Negative Declaration on April 7, 2003. The Design Review Committee recommends approval of said request to the Planning Commission and City Council based upon the following findings of facts and evidence: 1. That the proposed development is consistent with the intent and development regulations of the C- T (Thoroughfare Commercial) zone, the General Plan and the California Environmental Quality ACT (CEQA). The site will be rezoned to the Central Commercial, Precise Plan (C-C-P) zone, which allows mixed-use development. The project includes 41 rental units for senior citizens, a manager's unit and 2,219 square feet of retail/commercial space. The project's design and the developer's intent to maximize the use of the I-acre lot by developing the lot with a functional mixed-use project precludes the project from meeting the development standards of the C-C zone with regarding to parking, building setbacks and open space. The developer has designed the mixed-use project to be in substantial confonnance with the intent of the General Plan, thereby satisfying Section 19.56.040 of the CVMC that a Precise Plan allows diversification and flexibility from the applicable development regulations for a project. 2. The design features of the proposed renovations are consistent with, and are a cost effective method of satisfying, the City of Chula Vista Design Manual and Landscape Manual. The design features are consistent with, and are a cost effective method of satisfying, the City of Chula Vista Design Manual (CVDM) and Landscape Manual. Currently, there are no design requirements for Broadway. However, the mixed-use project has been designed to accomplish the intent of the CVDM, and will introduce building architectural elements and landscaping that will enhance the site's visual presence along Broadway. ~ PASSED AND APPROVAL RECOMMENDED BY THE DESIGN REVIEW COMMITTEE OF THE CITY OF CHULA VISTA, CALIFORNIA, the 21st day of April, 2003, by the following vote, to-wit: AYES: NOES: ABSTAIN: ABSENT: ATTEST: John Schmitz, Zoning Administrator Rosemarie Rice, Design Review Committee Secretary q 2 ATTACHEMENT3 RESOLUTION NO. PCZ 03-02 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMEDING THAT THE CITY COUNCIL APPROVE A REZONE (PCZ-03-02) OF A ONE ACRE PARCEL FROM THOROUGHFARE COMMERCIAL, PRECISE PLAN (C-T-P) TO CENTRAL COMMERCIAL, PRECISE PLAN (C-C-P) LOCATED AT 825 BROADWAY. WHEREAS. a duly verified application for a Rezone was filed on July 31, 2002, with the City of Chula Vista Planning Department by the Metropolitan Area Advisory Committee (MAAC) "Developer"; and WHEREAS, said Developer requests approval of the Rezone a I-acre parcel from Thoroughfare Commercial, Precise Plan Modifier (C-T-P) to Central Commercial Precise Plan Modifier (C-C-P); and WHEREAS, the Environmental Review Coordinator, in compliance with the California Environmental Quality Act (CEQA) has prepared a Negative Declaration, which has been recommended for adoption by the Resource Conservation Commission on April 21, 2003; and WHEREAS, the Planning Director set the time and place for a hearing on said Rezone 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 14, 2003, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, after considering all reports, evidence, and testimony presented public hearing with respect to the Rezone Ordinance, the Planning Commission voted recommend approval of the Rezone (PCZ-03-02); and at said to NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION does hereby recommend that the City Council adopt the attached Resolution approving Rezone (PCZ-03-02) in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the City Council and the Developer. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 14th day of May 2003, by the following vote, to wit: 10 AYES: NOES: ABSTAIN: Russell Hall, Chair ATTEST: Diana Vargas, Secretary J\Planning\Michael\PCC Reports\PCZ-03-02 II ATTACHEMENT 4 RESOLUTION NO. PCM 03-21 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMEDING THAT THE REDEVELOPMENT AGENCY ADOPT NEGATIVE DECLARATION (IS-03-008) AND AN ORDINANCE FOR A PRECISE PLAN ALLOWING THE DEVELOPMENT OF A RESIDENTIAL AND RETAIL MIXED-USE PROJECT LOCATED AT 825 BROADWAY. WHEREAS. a duly verified application for a Precise Plan was filed January 10.2003. with the City of Chula Vista Planning Department by the Metropolitan Area Advisory Committee (MAAC) "Developer"; and WHEREAS. said Developer requests approval of the Precise Plan to allow for a mixed- use project that includes 41 apartments affordable to low-income senior citizens. a manager's unit. 2.219 square feet of retail/commercial space. open space and off-street parking; and WHEREAS. the Environmental Review Coordinator, in compliance with the California Environmental Quality Act (CEQA) has prepared a Negative Declaration, which has been recommended for adoption by the Resource Conservation Commission on April 21. 2003; and WHEREAS. the Planning Director set the time and place for a hearing on said Precise Plan 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 14. 2003. at 6:00 p.m. in the Council Chambers. 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS. after considering all reports, evidence, and testimony presented at said public hearing with respect to the Precise Plan application. the Planning Commission voted ~ to recommend adoption of the Negative Declaration (IS-03-008) and approval of the Precise Plan (PCM-03-21); and NOW. THEREFORE. BE IT RESOLVED THAT THE PLANNING COMMISSION does hereby recommend that the Redevelopment Agency adopt the attached Negative Declaration (IS-03-008) and the draft Ordinance for Precise Plan (PCM-03-2I) in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the Redevelopment Agency and the Developer. 1").. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 14th day of May 2003, by the following vote, to wit: AYES: NOES: ABSTAIN: Russell Hall, Chair ATTEST: Diana Vargas, Secretary J\Planning\Michael\MAA.C\PCM.03-2! 15 ATTACHMENT 5 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAP ESTABLISHED BY SECTION 19.18.010 OF THE MUNICIPAL CODE BY REZONING A I-ACRE PARCEL LOCATED AT 825 BROADWAY FROM THE C-T-P (THOROUGHFARE COMMERCIAL, PRECISE PLAN) ZONE TO THE C-C-P (CENTRAL COMMERCIAL, PRECISE PLAN) ZONE. WHEREAS, a duly verified application for a rezone was filed on July 31,2002, with the City of Chula Vista Planning Department by the Metropolitan Area Advisory Committee (MAAC) ("Developer"); and WHEREAS, the Developer requests approval to rezone a I-acre parcel 10cated at 825 Broadway from the C-T-P (Thoroughfare Commercial, Precise Plan) zone to the C-C-P (Central Commercial, Precise Plan) zone in the Southwest Redeve10pment Project Area for the purpose of a mixed-use development of the subject property and diagrammatically represented in Exhibit "A" and incorporated herein by this reference, and for the purpose of genera1 description herein; and WHEREAS, the Environmental Review Coordinator prepared a Negative Declaration IS-03- 008 has determined that the rezone and proposed mixed-use project following the approval ofthe rezone win not be a significant impact to the environment and recommends adoption of the Negative Declaration IS-03-008; and WHEREAS, on April 7,2003, the Resource Conservation Commission voted to recommend that the City Council adopt the Negative Declaration IS-03-02 and approve the rezoning in accordance with Ordinance ; and WHEREAS, on May 14, 2003, the Planning Commission voted the City Council approve the rezoning in accordance with Ordinance to recommend that ; and WHEREAS, the City Clerk set the time and place for a hearing on said rezoning application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of genera1 circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the property at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, name1y on May 27, 2003, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. WHEREAS, based on the findings and recommendations of the Environmental Review Coordinator and the City Council, adopted Negative Declaration IS-03-008 and approval of the Rezone (PCZ-03-02); and 1'1 Ordinance No. Page 2 WHEREAS, this Ordinance was introduced for the first reading to the City Council on May 27,2003, and considered by the City Council for second reading on June 3, 2003. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby find, determine, and ordain as follows: SECTION I: the City Council does hereby adopt and incorporate herein Ordinance No. ofthe City Council adopting Negative Declaration IS-03-02. SECTION 2: The City Council hereby finds that the rezoning provided for herein is consistent with the CityofChula Vista General Plan and that public necessity, convenience, general welfare, and good zoning practice support the rezoning to C-C-P (Central Commercial, Precise Plan) zone. SECTION 3: The City ofChula Vista Zoning Map is hereby amended to reZone the subject property, at 825 Broadway, as shown on Exhibit "A", from the C-T-P (Thoroughfare Commercial, Precise Plan) zone to the C-C-P (Central Commercial, Precise Plan) zone in the Southwest Redevelopment Project Area. SECTION 4: The Precise Plan is appropriate for the rezoned parcel because all the circumstances set forth in the Chula Vista Municipal Code Section 19.56.041 exist with respect hereto. SECTION 5: This Ordinance shall take effect and be in full force thc thirtieth day from its adoption. Presented by Approved as to fonn by XXXXX Director of Community Development Ann Moore City Attorney J:\Plannmg\Michael\MAAC\MAAC Rezone Ord 5 8.doc I-S- Ordmance No. Page 3 Exhibit "A" "1 ~\\ ~ \ \ '. \..----\ '\:pIer: \ ~ ~\ ~ W\ r3o'",CAi<!.O " 'UTO ~/,!f '.... STO;> 7,hfi ,';. ..-\ "I,."~ . ,..........., ,,<.""-- I ",., L--Y.......----\ \.-;.. \ \~'; \..---'\ ~ ' ?..........--\ .'r' \ IV." ''0 ,.'V\~ ~ ~'"'~'il' ,~. .' .'........--. ., ,~ \~.~ ',..----...----'~ .........--'. \ ~ ,,,,,,,,----, .,~~,,~-------- \'~~'" '~\W~,,-\t.. \~ _______. 'C-------\ , I' ~ \ \, ~\ ' J .--C " \ , ....---I. cY \~........-- \ \ \ . \ I \ , . . \ I --'. , \ \,...- , \ I~\!\~. I '. " \ \ 'y' I~ ______ \ I I "" ~\' '-.______ ---1 H0-i(\ \ ~\. \, ""', ~, B~ y \~' ...\--\ \ \ \ N,,=F \\ ~ ...--Y\ \...---\ ~\=;' R"NTAL \ I --\......Ji}, \\ \ \ INS Y~~I \. ~\...s-{ ~, \ \\~~ "~\ , ,-----.~ ' \ ' ~U.,.\ , '~ \ ,\ I ROJECT LOCATION CHULA VISTA IcJ \ .. ~ =!...i::MENTARY ~ ____ .---' CHARTtR _____ \\ \ " SCHOO~ ~ \-----, ,------------ ~ \' \ \ \ ~'.\~",..........-I ........ ,\........-- \ \.......--'\,,\ :::::----\\' ',' ~\ "" \,_------\ \tt\ \...---- \ \ '~\ \---<.....-\"'\~\ ~\.-- \ '\\....------. \ \ .....--i", I \ \ \ I I \...---\ fc, ~ \... .~""....------'~\ \...---'f . \ ,<" '\ ~\....---"\\ "" .. \",,"i;;'~~, ,...------.,<.\ I \9.~~ ~\ ~ \..----\ \ ,.\ \ "As ~\...--\ \...------." '~\ ;/"".,..\,~ .........--.~ ..------ .:t.\ . '- I .. , , ----, '....------'. \~, ---- " . ....-..-,--\ ' ',\ "', \ , '" . ,.--\ ,~ \ STO?" \ \....-J ,~ \ ------I ' ________ \\ ' I \ "CONO \ \ \ !..U~ \--- ", \, , , , , \ \ " \. ....------Y CHUlA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PR.OJECT METROPOUTAN AREA PROJECT DESCRIPTION: C) APPLICANT, ADVISORY COMMITIEE (MAAC) REZONE PROJECT ADDRESS: 825 BROADWAY Request: Proposing a zone change for a mixed use SCAlE: I AlE NUMS;:;:R: project. NORTH No Scale PCZ-03-02 I \hnme\[112r]m'lakhAm'I,":'I'),...~tn~<:\n(,;7n.ln? r,.,r O,Q ?1 r]? J:\Planning\MlchaeI\MAACIMAAC Rezone Ord 5-8_doc lip Ordinance No. Page 4 PASSED, APPROVED and ADOPTED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA this _ day of ,2003 by the following vote: AYES: Members Davis, McCann, Rindone, Salas, and Chair/Mayor Padilla NOES: None ABSENT: None ABSTENTIONS: None Steve Padilla Mayor ATTEST: JWlannmg\Michael\MAAC\MAAC Rezone Ord 5-X.doc I ) ATTACHMENT 6 ORDINANCE NO. ORDINANCE OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHVLA VISTA ADOPTING NEGATIVE DECLARATION (IS-03-008) AND APPROVING PRECISE PLAN lPCM-03-21) FOR A MIXED-USE RESIDENTIAL AND RETAIL DEVELOPMENT LOCATED AT 825 BROADWAY. 1. RECITALS A. Project Site WHEREAS, the area of land, which is the subject of this Ordinance is diagrammatically represented in Exhibit "A" and incorporated herein by this reference, and for the purpose of general description herein consist of I-acre commonly known as MAAC Seniors on Broadway, and located at 825 Broadway C'Project Site"); and, B. Project; Applications for Discretionary Approval WHEREAS, on Jannary 10, 2003, a Precise Plan application were filed by the Metropolitan Area Advisory Committee (MAAC) C'Developer") with the Planning and Building Department of the City of Chula Vista requesting a Precise Plan to develop a mixed-use project that includes 41 residential apartments for senior citizens above 2,219 square feet of retail/commercial space, a manager's unit and reductions in setbacks, parking and open space requirements C'Project"); and, C. Prior Discretionary Approvals WHEREAS, the Design Review Committee held an advertised public hearing on the Project on April 21, 2003, at 4:30 p.m. in the Council Chambers at 276 Fourth Avenue and, after hearing staff presentation and public testimony, voted 3-0 to recommend that the Redevelopment Agency approve the Project, in accordance with the findings listed below; and D. Planning Commission Record on Applications WHEREAS, the Planning Department set the time and place for a hearing on said Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 ft. of the exterior boundary of the project, at least ten (10) days prior to the hearing; and, WHEREAS, the Planning Commission held an advertised public hearing on the Project on May 14,2003, at 6:00 p.m. in the Council Chambers at 276 Fourth Avenue and, after hearing staff presentation and public testimony, voted to recommend that the Redevelopment Agency approve the Project, in accordance with the findings listed below; and, If Ordinance Page 2 WHEREAS, The proceedings and all evidence introduced before the Planning Commission at the public hearing on this project held on May 14, 2003, and the minutes and resolution resulting there from, are hereby incorporated into the record ofthis proceedings; and, E. Redevelopment Agency Record on Applications WHEREAS, the City Clerk set the time and place for the hearing on the Project applications and notices of said hearings, together with its purposes given by its publication in a newspaper of general circulation in the city, and its mailing to property owners within 500 ft. of the exterior boundaries of the Project site at least ten days prior to the hearing; and, F. Discretionary Approval and Ordinance WHEREAS, a duly called and noticed public hearing on the Project was held before the Redevelopment Agency of the City of Chula Vista on the Project and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same; and, WHEREAS, at the same Redevelopment Agency meeting at which this Ordinance was introduced for first reading on May 27, 2003, the Redevelopment Agency of the City Of Chula Vista approved Ordinance Number by which it approved a Precise Plan for 825 Broadway. II NOW, THEREFORE, the Redevelopment Agency of the City Chula Vista does hereby find, detennine and ordain as follows: A. CERTIFICATION OF COMPLIANCE WITH CEQA The Redevelopment Agency does hereby find that the Negative Declaration (IS-03-008) has been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City Of Chula Vista, and hereby adopts the Negative Declaration (IS-03-008). B. INDEPENDENT JUDGEMENT OF REDEVELOPMENT AGENCY The Redevelopment Agency does hereby find that in the exercise of their independent review and judgment, the Negative Declaration (IS-03-008) in the form presented has been prepared in accordance with requirements of the California Environmental Quality Act and the Environmental Review Procedures of the City ofChula Vista and hereby adopts same. C. PRECISE PLAN FINDINGS 1. That such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. /7 Ordinance Page 3 The project has been evaluated in accordance with the goals and objectives of Chapter 10 Section 5.9 of the General Plan, which encourages mixed-used development along Broadway. The mixed-use project will introduce new retail and commercial uses and affordable rental units for senior citizens who will have the opportunity to experience a unique living environment. Additionally, the project will assist in implementing a "Generations Together" program that brings together senior citizens and the youth who attend the Chula Vista Charter School adjacent to the project site to participate in a variety of character building progranls. The mixed-use project will benefit the surrounding area economically, socially and aesthetically. 2. That such plan satisfies the principle for application of the "P" modifying district as set forth in CVMC 19.56.041. The proposal satisfies Section 19.56.041 (B) because the mixed-use project's site design allows the proposed uses to function cohesively with the surrounding uses, while visually and economically enhancing the area and promoting a beneficial development for the general welfare of the citizens in the area and the City. The Precise Plan can allow the project to deviate from the development standards in an effort to develop the site with a feasible mixed-use project. 3. That any exceptions granted which may deviate from the underlying zoning requirements shall be warranted only when necessary to meet the purpose and application of the Precise Plan. Development of the lot using the development standards of the C-C and R-3 zone would limit the potential to maximize the use of the site with a mixed-use project. As a result, the project has been designed with a high-density residential concept and zero lot line for the retail uses with building encroachments into the required setbacks and the reduction in number of on-site parking spaces. These deviations are warranted given the constraints to the site and the intent to maximize the use of the property to meet other policies of the General Plan. 4. The approval of this plan will confonn to the General Plan and the adopted policies of the City OfChula Vista. The project has been evaluated in accordance with the goals and objectives of Chapter 10 Section 5.9 of the General Plan relative to mixed-use development along Broadway. The Precise Plan as described, will allow the project to be consistent with the goals and objectives of the General Plan and the Chula Vista Municipal Code. D. TERMS OF GRANT OF PERMIT The Redeve10pment Agency hereby grants the Precise Plan (PCM-03-21) subject to the following conditions: ~ Ordinance Page 4 Plmming and Building Department 1. The Developer shall incorporate the approved materials and colors for all buildings in accordance with the materials and color board submitted on January 13, 2003, which include an exterior stucco finish for the wall and buildings. 2. The Developer shall comply with all requirements of the Building Division including the following codes for 200 I : . California Building Code . California Plumbing Code . California Mechanical Code . California Electrical Code . Energy Code . Handicap Accessibility Requirements 3. The Developer shall submit a concept landscape plan for review and approval by the City's Landscape Planner to include the following to satisfy the City requirements: A. Show an enhanced accented landscape treatment for entrances. B. Provide raised planters at the corner and the overall Broadway elevation. C. Provide canopy trees at the sidewalk along Broadway. D. Provide planter cutouts within the on-sire parking lot. E. Show all downspouts connected to the sewer and not across driveways or planter areas. F. Provide an irrigation or water source design for all raised planters. G. Enhance the paving in the courtyard. H. Provide a Water Management Plan per requirements of the City Landscape Manual during building permit submittal. 1. Encourage the use of street furniture as appropriate with the type of retail use. 4. The Developer shall apply for and obtain approval of a planned sign program from the Director of Planning and Building prior to the issuance of any grading or building permits. 5. The Developer shall provide drop-off zones and waltmg areas with appropriate seating and overhead shelters. These should be located as close as possible near the primary entrances. 6. The Developer shall provide a raised wood planter. The dimensions shall conform to the ADA planter standards for individuals with reach limitations and mobility aids. 7. The Developer shall submit written restrictions for hours of operation for the tenants of the retail/commercial uses to the Director of Planning for review and approval. The hours of operation shall be such that there is no conflict with the residential units. ~/ Ordinance Page 5 Engineering Department 8. The Developer shall ensure that the development of the project complies with all applicable regulations established by the United States Environmental Protection Agency (USEP A) as set forth in the National Pollutant Discharge Elimination System (NPDES) pelTI1it requirements for urban runoff and storm water discharge, and any regulations adopted by the City of Chula Vista pursuant to the NPDES regulations and requirements. The Applicant shall file a Notice of Intent (NO!) with the State Water Resources Control Board to obtain coverage under the NPDES General PelTI1it of Storm Water Discharges Associated with Construction Activity and shall implement a Stonn Water Pollution Prevention (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post-construction pollution prevention and pollution control measures, and shall identify funding mechanisms for post-construction control measures. 9. The Developer shall obtain a grading permit in accordance with the Subdivision Manual and Grading Ordinance prior to the issuance of any building pelTI1its. 10. The Developer shall complete the applicable fOlTI1S and comply with the City of Chula Vista's StOlTI1 Water Management Standards Requirements Manual. I I. The Developer shall implement Best Management Practices (BMPs) to prevent the pollution of stOlTI1 water conveyance systems, both during and after construction. PelTI1anent stOlTI1 water requirements shall be incorporated into the project design, and shall be shown on the plans. Any construction and non-structural BMPs requirements that cannot be shown graphically must be either noted or stapled on the plans. 12. The City of Chula Vista requires that all new development and significant redevelopment projects comply with the requirements of the NPDES Municipal PelTI1it, Order No. 2001-01. According to said PelTI1it, all projects falling under the Priority Development Project Categories are required to comply with the Standard Urban Stonn Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria. 13. Water quality and watershed protection principals shall be incorporated into the design of the project. Such measures shall minimize the discharge of pollutants into the stonn drainage systems. Fire Department 14. All buildings shall be fully fire sprinkled (NFPA13). The Developer shall install a standpipe system, fire extinguishers, on site fire hydrant, Knox boxes, a Knox override gate key switch and an optical gate opening system. The building shall have roof access. ol..cl. Ordinance Page 6 Sweetwater Authority 15. Prior to the issuance of building permits, the Developer shall obtain a letter from the Chula Vita Fire Department stating fire flow requirements and submit the letter to the Sweetwater Authority for review. Chula Vista Elementary School District 16. The Developer shall pay the appropriate school fees prior to the issuance of building permits. Special Operations 17. The Developer shall develop and implement an integrated solid waste and recycling plan acceptable to the Special Operations Manager. The plan shall be designed to divert at least 50 percent of the waste stream generated by the project through participation in the City's residential recycling, yard waste, bulky pick up and household hazardous waste programs outlined in Sections 8.24 and 8.25 of the Chula Vista Municipal Code and the California Integrated Waste Management Act of 1989. Standard Conditions 18. Any violations of the terms and conditions of this permit shall be ground for revocation or modification development permits. 19. All development permits shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. 20. Any deviation from the above noted conditions of approval shall require approval trom the Redevelopment Agency. 21. The Developer shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Redevelopment Agency and Council members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fess (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval of the Rezone and Precise Plan, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Developer's installation and operation of a facility permitted hereby, including, without limitation, ant and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. Developer shall acknowledge their agreement to this provision by executing a copy of this Rezone and Precise Plan where indicated below. Developer compliance with this d....3 Ordinance Page 7 provlSlon is an express condition of the Precise Plan and this provIsIOn shall be binding on any and all of Developer's/operator's successors and assigns. 22. The site shall be developed and maintained in accordance with the final approved plans which will include revised site plans, architectural elevations, exterior materials and color board, and landscape plans on file in the Planning Division, the conditions contained herein, and the Chula Vista General Plan. 23. Approval of this request shall not waive compliance with all sections of Title 19 of the Municipal Code, and all other applicable City Ordinances in effect at the time of building permit issuance. 24. This Precise Plan shall be subject to any and all new, modified or deleted conditions imposed after approval to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Pernlittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive the Permittee of a substantial revenue source which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. 25. The Developer shall be responsible for the building and landscaping maintenance in accordance with the approved project and landscape plans unless the Director of Planning and Building approves modifications. E. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The Developer shall execute this document by signing the lines provided below, said execution indicating that the Developer and property owner have each read, understood and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the Developer and/or property owner, and a signed, stamped copy returned to the City Clerk and Planning Department. Failure to return a signed and stamped copy of this recorded document within ten days of recordation to the City Clerk shall indicate the property owner/applicant's desire that the project, and the corresponding apphcation for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the City Clerk' Office and known as Document No. Signature of Property Owner of 825 Broadway Date Signature of Representative Date 02.1.(- Ordinance Page 8 F. INV ALIDlTY; AUTOMATIC REVOCATION It is the intention of the Redevelopment Agency that its adoption of this Resolution is dependent upon the enforceability of each and every teml, provision and condition herein stated; and that in the event that anyone or more tenns, provisions or conditions are detennined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this ordinance and the Precise Plan shall be deemed to be automatically revoked and of no further force and effect ab initio. III. APPROVAL OF PRECISE PLAN The Redevelopment Agency does hereby approve the Precise Plan including property Development Standards for MAAC Seniors on Broadway, as represented in Exhibit "B". III!. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to fonn by Robert A. Leiter Planning and Building Director Ann Moore City Attorney ~ Ordinance Page 9 PASSED, APPROVED, and ADOPTED by the Redevelopment Agency of the City of Chula Vista, California, this 27th day of May, 2003, by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: Steve Padilla, Chair ATTEST: Laurie Madican, Secretary STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. had its first reading at a regular meeting held on the 27th day of May 2003 and its second reading and adoption at a regular meeting of said Redevelopment Agency held on the _ day of 2003. Executed this _day of _ 2003. Susan Bigelow, City Clerk ~ I- , 1 , I I I I I I I , I I i~ o > o '~ I> '-< I I I , I I I I , I I Exhibit "A" 6'-0" REAR YARD , ~:~__ ~; -:::~+"" =~____ff 24'-" ,~ - --~ ----1- m 200' ---, , . . ,.'~. 24'4 I' _._.._._._....l ~~ 20'-0 r oItn~ " ~~~ ~.~~ j~l " ';S i - .; I - Q I -~ ~ 1 '0 ~ b'~O' FrwNT YARD ""mAG<< I I , I : I , I I , I I ' , : I I "'''f.. L__-LL.. 1-- .,.: ";- ., _ I 1 --- j'J _' t " t<<~ ; I __ I i \J I : - ~ r- : 11'''''- I t I " ~. .l. l >'1':"< . . -- -"..... '. """ I .1 Ii .".. ' . ',....,', ',~ : ~ ,''''-' JA f'" l '~: ~~"" I ",<~..' , II: c~>'Q> : ,,<e,' I ., ',' t;p",'-" ,,,,,<~ :-' I I ...: :lcol,,~, :: I:'" :,,<~,,:.' : " "'-,', ',"",- :11 c. '.'" ',.,'" " .... .,"- , , r ",r- ',',,', :1 --- ~ "'-,'.' '- ' . ' ,," . '~ :" ' . " ," . '. ! I~~~ ~~_J _~L..~_~_~ : It I mG , ~i ~-~~ ------- : ~ I : I ---I i , , ~ " . ," ." "! (ATE ~ " . " ~ -0 " '" ~ 0 " ." ~ S! m a . ~ " . " J c.<" ~ ~ t & ~ ~ . . ~ " " " ~ . " ~ tt! ~ ~ 6. . . '" \) ~ - -:I "" ~__. I _ ~ z () . Ii ," .. ",_.:..~.~._-",' -; ',"... ' '," .. " ," ' :," ",,' ,<",' " .' "," ~ () 8"'~ 0 ocS:c:- c {;\""o;~ ;:00 I)b~ ~ " '" a , " " " .... :" "'.. ..',' ">~..... : , .... ,''-, :.> ,', ..', '.. " " .... '- . ,," -,", "," ," " ,,' ' ' ..' , ".." ,~,""'" '-" ,,,' ,:,- >.' ,~'<,:::' ,'..' .. "",,",,',' '. , .", ',' ~;" ' ',,:',' '.'.. ,,,,,,', ", . "', , ,---- =~ __J ---+--,--- .~ " r.~ SIERRA - ---.~- -~~- ~S~ - - m.b'!' ~ ~ _.____' i, I ,I -I~ Iii ~___~'1 <3- -- _I~ I --=--~1: --~ ~~ \ L cV~=~: \ , i ~7c~t ~-~"t , e:< J,~ Ii . I u: -, -- I, i , {,'J '__' :," I I ' 'e< ,,' . II' I!! 1--1, .... 'Ii! -{ Ii, ,~ I I '" Ii' ::.:; "L I~ I I i I , II 'J: -.\ I ' I , I ~ .-- ~ " \ J -$. + i +r ++ ! ......,j--'lI I I 1" I I I I ~ I' " 14 ----{ I I , I~ I" YI""",, ~;:~ ,I IJ -<: ~ =.=..= J~S ';W:;Ii"E -- L -- 1- ..--r------.........: -~--_.- Exhibit "B" DEVELOPMENT STANDARDS A. MAAC Seniors on Broadway The following chapter details the specific development standards and regulations for development and individual residential apartments and the commerciallretail buildings within the MAAC Seniors on Broadway. This Precise Plan is intended to work in conjunction with the development standards in the City of Chula Vista's Zoning Ordinance (Title 19). Any information not shown within the Precise Plan should be referenced in the City of Chula Vista Municipal Code Chapter 19.28 Apartment Residential (R-3) zone and Chapter 19.36 Central Commercial (C-C) zone. Residential 1. Allowed Uses Allow uses shall be those that are identified in the R-3 zone as pennitted uses, accessory uses and buildings and conditional uses except: electrical substations and gas regulators. 2. Development Standards The following development standards shall apply to all land and buildings within the R-3 zoning district. Dimensions and standards shown in Table 1 are allowed. Where in conflict with the R-3 zone development standards, the standards outlined in this Precise Plan take precedence; where a particular item is not addressed in the Precise Plan, the R-3 zone development standards shal1 be used. Where building setback, parking and open space requirements are in conflict, the lot specific map (Exhibit "B") shall supercede the R-3 zone requirements. Commercial/Retail 1. Allowed Uses Allow uses shall be those that are identified in the C -C as pennitted uses, accessory uses and buildings and conditional uses except: electrical substations, gas regulators and any automobile related uses. 2. Development Standards The fol1owing development standards shall apply to all land and buildings within the C-C zoning district. Dimensions and standards shown in Table 1 ~ are allowed. Where in conflict with the C-C zone development standards, the standards outlined in this Precise Plan take precedence; where a particular item is not addressed in the Precise Plan, the C -C zone development standards shall be used. Where building setback, parking and open space requirements are in conflict, the lot specific map (Exhibit "B") shall supercede the C -C zone requirements. TABLE 1 Precise Plan Development Standard for Apartment/Retail Uses Suildin Setbacks Front yard (minimum) Side yard (minimum) Rear yard (minimum) Maximum hei ht Parkin a artments Parking (retail/commercial) None required None required 16 feet 45 feet .5 er unit 1 space per 200 s.f. 6,100s.f. 6 feet Note: Table 1 figures are based on the information from the approved Precise Plan ;t1 A TT ACHMENT"1 Negative Declaration PROJECT NAME: Seniors On Broadway PROJECT LOCATION: 825-841 Broadway ASSESSOR'S PARCEL NO.: 572-270-0500 PROJECT APPLICANT: Metropolitan Area Advisory Committee (MAAC) CASE NO.: IS-03-008 DATE OF DRAFT DOCUMENT: April 2, 2003 DATE OF RESOURCE CONSERVATION COMMISSION MEETING: April 7, 2003 DATE OF FINAL DOCUMENT: May 9, 2003 A. Project Setting The approximately 1.0-acre project site, located within the City of Chula Vista at 825 - 841 Broadway, is a vacant and undeveloped parcel, adjacent to an existing charter school (see Exhibit A-Location Map). The Chula Vista Elementary School District currently owns both the project site and the school parcel. The land uses that surround the project site consist of the following: North: Furniture Store South: Mortuary East: Charter School West: Across Broadway, miscellaneous retail and auto-related businesses B. Project Description The proposed mixed-use commercial/residential project requires a zone change ITom CTP (Thoroughfare Commercial) to CCP (Central Commercial), to allow mixed-use development (see Exhibit B - site plan). The project consists of 41 one-bedroom units affordable to very- low income seniors, and one two-bedroom manager's unit within a three-story building. Proposed community area for the residents and retail portions of the project's ground floor comprises 8,300 square feet of the building's total 40,000 square feet; 2,219 square feet of commercial/retail space is proposed on the ground floor facing Broadway and 6,092 square feet of ground floor community common area is proposed for the residents including lounge/waiting area, community room with service kitchen, library, restrooms, manager's office, and maintenance room. A 560 square foot kiBsk social services annex is proposed at the northwest comer of the parking lot; its purpose is to accommodate MAAC social services staff offering program assistance to &@niorG on-site residents. An underlying theme of the proposed project is the linking of senior citizens and charter school students: "Generations Together". The "Generations Together Community Center" will bring the senior residents 1 ~O and the youth together in the community space located on the first floor for exchange of intergenerational education and experience. Proposed on-site parking is 45 spaces. On-site improvements include landscaping, lighting, drainage facilities, paved parking lot, retaining walls and 6-foot wooden decorative fence. The proposal requires Design Review by the Design Review Committee and approval of a Precise Plan, rezone and Special Use Permit by the City Council. C. Compliance with Zoning and Plans The project site is zoned CTP (Thoroughfare Commercial Zone) under the City's Municipal Code and is designated "Commercial - Retail" under the City's adopted General Plan. The proposed mixed-use commercial!residential project requires a zone change from CTP (Thoroughfare Commercial) to CCP (Central Commercial) to allow mixed-use development. The proposal is consistent with the General Plan CR (CommercialJRetail) land use designation. D. Public Comments On February 4, 2003, a Notice of Initial Study was circulated to property owners within a 500-foot radius of the project site. The public comment period closed on February 14, 2003. Staffreceived one verbal contact and one written communication from the public. The issues of concern dealt with traffic circulation issues associated with the adjacent charter school along Sierra Way. On April 2, 2003, the Notice of Availability of the Proposed Negative Declaration for the project was circulated to property owners within a 500-foot radius of the project site. The public comment period closed on May 2, 2003. On April 25, 2003, staffreceived one written communication from a member of the public. The environmental issues of concern contained in the letter addressed traffic circulation and parking. E. 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 Environmental Impact Report will not be required. This Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. T ransportati onlCirculati on The project site is currently accessible from Broadway, which operates at level of service (LOS) A between K Street and Sierra Way. The two existing driveways on Broadway will be relocat€Jd off of "K" ~t[€J€Jt closed. The existing driveway along the northern boundary of the project site, which also provides access to the adjacent charter school, will provide access to the project site. According to the Traffic Engineering Section, upon completion of the proposed project this segment of Broadway will continue to operate at LOS A. 2 731 The MAAC social services and intergenerational activities between the seniors at the housing project and the students of the charter school would occur mainly at the designated community space located on the first floor of the senior project site and within the proposed social services kiosk annex. Any MAAC off-site social services activities will be facilitated by their own MAAC's IS-person van to shuttle seniors. These activities will not create any significant traffic impacts to the surrounding area. The proposal is projected to generate 900 340 average daily vehicle trips. The initial projection of 600 average daily vehicle trips was done in error based upon the commercial/retail space. Based upon the projected level of traffic generation and the leve] of service of the segment of Broadway adjacent to the site, it was determined that the proposal does not have the potential to result in any significant traffic impacts; therefore, the preparation of a traffic study was not required. Noise The project site is a corner lot with frontages along Broadway and Sierra Way within a developed urban area. Immediate surrounding land uses consist of commercial/retail and auto-related businesses to the west across Broadway, an established charter school to the east continue (north/south). The closest single-family and multi-family residential properties are to the south and east of the charter school site; the project site is not directly adjacent to residential land uses. There is an existing charter elementary school ]ocated to the east of the proposed project site. The closest existing school building is located 242 feet from the property line. Between the project site and the nearest school building is school playground area. The proposed interior courtyard, approximately 3,000 square-feet, would provide an important outdoor amenity for tenants and visitors alike as well as act as a noise buffer to offset traffic noise from Broadway. The courtyard is partially screened on three sides by the senior residential building with opening facing the school playground area. The proposed residential units shall be constructed in accordance with the interior noise insulation standards of Title 24, California Administrative Code. As a result, interior noise would be reduced to an insignificant level. F. Mitigation Necessary to Avoid Significant Impacts No Mitigation Measures are required. G. Consultation 1. Individuals and Organizations City of Chula Vista: Frank Rivera, Engineering Dept. Jeff Moneda, Engineering Dept. Muna Cuthbert, Engineering Dept. 3 j~ Silvester Evetovich, Engineering Dept. Majed AI-Ghafi:y, Engineering Dept. Michael Meacham, City Manager's Office John Schmitz, Planning and Building Department Michael Walker, Planning and Building Department Frank Herrera-A, Planning and Building Department Carolyn Dakan, Planning and Building Department Others: Lowel1 Bil1ings, Chula Vista Elementary School District 2. Documents City of Chula Vista General Plan, 1989 Final Environmental Impact Report, City ofChula Vista General Plan Update, EIR No. 88-2, May 1989 Draft City ofChula Vista Multiple Species Conservation Program Subarea Plan, October 2002 Phase I Environmental Site Assessment Update-Undeveloped Lot-825-841 Broadway, Chula Vista, California, P&D Environmental, May 30, 2002. Broadway Mixed-Use Project Traffic Noise Assessment for 760 Broadway prepared by Dudek and Associates, Inc., dated February 24, 2003. 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 judgment of the City ofChula Vista. Further infonnation regarding the environn1ental review of this project is available from the Chula Vista Planning and Building Department, 276 Fourth Avenue, Chula Vista, CA 91910. /;7~jJi?~~ . Marilyn R. F. Ponseggi 2> Environmental Review Coordinator Date: 5 /J / ~.:.- . " 4 .33 CHULA VISTA HIGH SCHOOL SOlAR TURBINES CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C) APPLICANT: MAAC PROJECT INITIAL STUDY PROJECT Request: Proposal for a three-story mixed commercial ADDRESS: 825-841 BROADWAY -residential project consisting of 39 affordable senior SCAlE: FILE NUMBER: units, a manager's unit and 9,01 Osq.ft of ground floor NORTH No Scale IS-03-008 ~y retail and office space. j :lhomelplanninglcherrylcllocatorslis03008 .cdr 1 0.09.02 ~/8rr A. "~;..__ ...~,_._._~:_.3., . .._::..;:......._..::.'-"'-.';.....:...._.~::.:.-':.,J_~.;,~.......~.z-----"---'-~.'--"--'-'~-~---'--_._~--~----- .- --- .., ~~:- ~. _-:::F' =..:.~~ .~ -=",:;.::;-_~ ~=-=-__.:--:~~. ;.~~_ ~>::=. -::::;~:. ~_ '::..~:. 0.;;.-;-:'" ..::.;";. ~ .:......-:.';~7~':.';':"::.~~'":"r>:::.;.-;',,:-.::.:":: ';'~o':;;:"-='c:...':=-= :;-..;::=:;,-:. =.-==,:,,~"::==-;:"':;-:::;"~""::';:';~ z .:,. QU-, :~Z ~i v;- .j .~ =j. 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Date of Checklist: March 28, 2003 Potentially Significant Impact Potentiall}' Significant Unless Mitigated Less tban Significant Impact No Impact I. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? o o o o b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? c) Affect agricultural resources or operations (e.g., impacts to soils or farmlands, or impacts from incompatible land uses)? o o o o o o o o d) Disrupt or divide the physical arrangement of an established community (including a low- income or minority community)? o o o o Comments: a) The project site is zoned CTP (Commercial Thoroughfare/Precise Plan) under the City's Municipal Code and is designated "Commercial Retail" under the City's adopted General Plan. The proposal requires a rezone to CCP (Central Commercial) to accommodate the mixed-use commercial-residential development. b) The proposal would not conflict with any applicable adopted environmental plans or policies. Furthennore, the proposal would not encroach into or indirectly affect the Habitat Preserve area of the Draft City ofChula Vista Multiple Species Conservation Program Subarea Plall. '5P Page - 1 c) The project site is neither in agricultural production nor adjacent to property in agricultural production and contains no agricultural resources. d) The proposal would neither disrupt nor divide the physical arrangement of an established community. The project site is presently vacant and undeveloped. The established surrounding land uses consist of a furniture store, mortuary, school, auto- related businesses and miscellaneous retail uses. potcntiallJ II. POPULATION AND HOUSING. Would the Putentially Significant Less tban Significant Unless Significant No proposal: Impact Mitigated Impact Impact a) Cumulatively exceed official regional or local 0 0 0 ~ population projections? b) Induce substantial growth in an area either 0 0 ~ 0 directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure) ? c) Displace existing housing, especially affordable 0 0 0 ~ housing? Comments: a) The proposed project consists of 41 senior housing units and one manager's unit. This is not considered to be a significant increase to the regional or local population proj ections. b) See Section II, a. The proposal would not directly or indirectly induce significant growth in the area. c) The project site is currently vacant and undeveloped. No housing displacement would result rrom the proposal. Potentially III. GEOPHYSICAL. Would the proposal result in or Putentially Signilkant Less than Signifil;ant Unless Significant No expose people to potential impacts involving: Impact Mitigated hnpacl Impact a) Unstable earth conditions or changes in 0 0 0 ~ geologic substructures? b) Disruptions, displacements, compaction or 0 0 0 ~ overcovering of the soil? c) Change in topography or ground surface relief 0 0 0 ~ features? d) The destruction, covering or modification of 0 0 0 .~ any unique geologic or physical features? e) Any increase in wind or water erosion of soils, 0 0 ~ 0 either on or off the site? f) Changes in deposition or erosion of beach 0 0 0 ~ 3) Page ~ 2 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? Comments: o o o o a) A Geotechnical Investigation and Geological/Seismic Hazards Study dated February 7, 2001, was prepared by Kleinifelder, Inc. for the charter school development and the future development area (the current project site). The study did not identify any potential seismic hazards other than potentially expansive soils. The nearest fault to the project site is the La Nacion, 2.5 miles to the west. The geotechnical report included appropriate recommendations to reduce potential hazards associated with expansive soils. Because the project site is flat and inland ITOm the closest water body, San Diego Bay, the geotechnical report concluded that potential impacts ITom landslides, liquefaction and flooding are considered to be less than significant. An updated geotechnical report for the proposed development will be required at the grading pennit submittal stage, which shall include foundation recommendations based on the proposed structures and appropriate soil testing and conditions to the satisfaction ofthe City Engineer. b) See IILa. above. Proper engineering design would ensure that no such soils-related impacts would result. c) No significant changes to topographical features of the site would result since the project site is flat. d) The project site area is identified within urbanized areas of the City ofChula General Plan EIR. No unique geologic or physical features exist within the proposed development area. e) All grading operations would be perfonned in compliance with the City ofChula Vista Grading Ordinance (Ordinance 1797, as amended). Short-tenn erosion during construction would be reduced to a less than significant level by the installation of temporary erosion control devices to the satisfaction of the City Engineer. These devices may include desilting basins, berms, hay bales, silt fences, dikes, and shoring. Protective devices would be provided at every stonn drain inlet to prevent sediment from entering the stonn drain system. Erosion control measures would be installed as required by the City Engineer. f) See IILe. above. Compliance with NPDES Order No. 2001-01, through the implementation of appropriate construction and post-construction best management practices (BMPs), to the satisfaction of the City Engineer is required. .58' Page ~ 3 g) See ULa. above. No significant geological hazards to peop1e or property, such as earthquakes, landslides, ground failures or similar hazards are anticipated to result JTom the proposed development. Potentially Potentiall" Significant Less than IV. WATER. Would the proposal result ill: Significant Unless Significant No Impact Mitigated Impact Impact a) Changes in absorption rates, drainage panerns, 0 0 iii 0 or the rate and amount of surface runoff? b) Exposure of people or property to water 0 0 0 iii related hazards such as flooding or tidal waves? c) Discharge into surface waters or other 0 0 iii 0 alteration of surface water quality (e.g., temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any 0 0 0 iii water body? e) Changes in currents, or the course of direction 0 0 0 iii of water movements, in either marine or fresh waters? f) Change in the quantity of ground waters, either 0 0 0 iii through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? g) Altered direction or rate of flow of 0 0 0 iii groundwater? h) Impacts to groundwater quality? 0 0 0 iii i) Alterations to the course or flow of flood 0 0 0 iii waters? j) Substantial reduction in the amount of water 0 0 0 iii otherwise available for public water supplies? Comments: a) According to the Engineering Department, the proposed construction of a mixed-use project on the undeveloped project site would not result in a significant change to the on-site absorption rate. There is an existing chain link fence and concrete swale between the existing charter school and proposed project site. A previous lot line adjustment resulted in the movement of the easterly property line ofthe project site 12 feet inside the chain link fence area separating the school and the project site. According to the Engineering Department, the relocation of the existing fence line and swale is required in order to complete this project and is part of the proposed MAAC project. The conceptual grading plan proposes a 3-foot wide concrete cut-off brow ditch replacing the existing concrete swale, in order to allow the continued capture of ~1 Page - 4 the school playground runoff. Final design specifications will be required prior to the issuance of grading and improvements penTIits, to the satisfaction of the City Engineer. b) The site presently sheet flows towards Broadway, where a stOnTI drain inlet exists in the street. The proposed Best Management Practices (BMPs) to address stOnTI drain runoff ITom the project site consist of flow guard catch basin inserts. They appear to be sufficient for the proposed project according to the Engineering Department. The submittal of a final drainage study would be required prior to the issuance of grading and improvement penTIits to demonstrate that existing infrastructure and proposed BMPs would be sufficient to serve the project; no significant impacts to the City's stOnTI water drainage system are anticipated to result from the proj ect. c) The project site is not within the lOa-year or 500-year floodplains and is not in proximity to any bay or ocean; therefore, no exposure of people or property to water related hazards would result from the proposed development. d) Through construction penTIit conditions of approval, the proposed project will be required to implement construction and post-construction BMPs, where applicable, in accordance with the City ofChula Vista StOnTI Water Management Standards Requirements Manual in order to prevent pollution of downstream water bodies. e) Based on the size and nature ofthe proposed development, and the location of the project site relative to natural water bodies, the project would not result in any changes in the amount of surface water in any water body, in currents, or the course of direction of water movements, in either marine or fresh waters. f) According to the Kleinfelder, Inc. Geotechnical Investigation and Geologic/Seismic Hazards Study, no groundwater was encountered in borings to depths of 21.5 feet. No changes in the quantity of groundwater, or other impacts to groundwater, are expected to result from the proposed development. Therefore, the project will have no impact to groundwater quantity or quality. g) See IV.f. above. h) See IV.f. above. i) See IV.f. above. No alterations to the course or flow of floodwaters downstream of the site are expected to result from the proposed development of the site. j) The development of the proposal is not anticipated to result in a net increase in the consumption of water otherwis.e available for public consumption or public water supplies. '-f-b Page, 5 Putentially V. AIR QUALITY. Would the proposal: Potentially Significant Less than Significant Unless Significant No hnpact Mitigated Impact hnpact a) Violate any air quality standard or contribute to 0 0 0 0 an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? 0 0 0 0 c) Alter air movement, moisture, or temperature, 0 0 0 0 or cause any change in climate, either locally or regionally? d) Create objectionable odors? 0 0 0 0 e) Create a substantial increase in stationary or 0 0 0 0 non-stationary sources of air emissions or the deterioration of ambient air quality? Comments: a) Based on the limited amount of site grading necessary to accommodate the proposed development and because the proposal is estimated to generate egg 340 average daily vehicle trips, the proposal would not result in the violation of any air quality standard or substantially contribute to an existing or projected air quality violation. b) The development of a mixed-use commerciaVresidential development is not anticipated to result in an increase in the exposure of sensitive receptors to pollutants. No traffic congestion exists in the vicinity of the project site that would result in the exposure of tenants to significant concentrations of air pollutants. c) The proposed development is not anticipated to significantly alter air movement, moisture, or temperature, or cause any change in climate, as the surrounding land uses are commercial and residential in nature. d) The City Zoning Ordinance allows for residential and commercial land uses. Neither development nor operation of the proposed senior housing project or retail commercial space would <;reate any objectionable odors. e) The proposed project is estimated to generate a total of egg 340 average daily vehicle trips. The proposal would not result in a significant increase in traffic generation; the proposal would not result in an increase in non-stationary sources of air emissions or the deterioration of ambient air quality. No stationary sources of air emissions would be associated with the proposed project. VI. TRANSPORTATION/CIRCULATION. Would the proposal result ill: a) Increased vehicle trips or traffic congestion" b) Hazards to safety from design features (e.g., Potentially Potentially Significant '-"'than Significant Unless Significant No Impact Mitigated lmp'ct Impact 0 0 0 0 0 0 0 0 '-+/ Page, 6 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? t) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, 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.) Comments: a) See Negative Declaration, Section E. 0 0 0 I1J 0 0 0 I1J 0 0 0 I1J 0 0 0 I1J o o o I1J o I1J o o b) See VI.a. According to the Traffic Engineering Section, no traffic safety hazards are anticipated to result from the proposed mixed-use project. c) According to the Fire Department and Police Department, the proposed site plan provides for adequate emergency access from Sierra Way. d) The proposal would result in a net gain of 45 on-site parking spaces for the exclusive use of residential and commercial tenants, customers and visitors. e) The proposal would not result in any hazards or barriers for pedestrians or bicyclists. f) Existing public transit bus routes. 932 and 932A run& north and south along Broadway, which serves existing businesses, schools and residential areas in the surrounding neighborhoods. No conflicts with tIH& these bus routes. or with adopted policies supporting alternative transportation would result. g) No rail, navigable waters, or aircraft facilities exist in the vicinity of the project site; therefore, the proposal would not result in any rail, waterborne or air traffic impacts. h) The proposal would not result in a significant increase in traffic generated by the mixed-use development; therefore, the project is not considered a "large project" under the Congestion Management Program. VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, sensitive species, species of lfl... Page - 7 Potentially Potentially Significant Less than Significant Unless Significant No Impact Mitigated Impact Impact 0 0 0 I1J concern or species that are candidates for listing? b) Locally designated species (e. g., heritage 0 0 0 t8I trees)? c) Locally designated natural communities (e.g., 0 0 0 t8I oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian and 0 0 0 t8I vernal pool)? e) Wildlife dispersal or migration corridors? 0 0 0 t8I f) Affect regional habitat preservation planning 0 0 0 t8I efforts? Comments: a) The project site is presently vacant within an urban developed area. No habitat for endangered or sensitive species, species of concern or species that are candidates for listing exists on or immediately adjacent to the project site. b) See VILa. above. No locally designated species are present on or immediately adjacent to the project site. c) See VILa. above. No locally designated natural communities are present on or immediately adjacent to the project site. d) See VILa. above. No wetland habitat is present on or immediately adjacent to the project site. e) See VILa. above. The proposal would have no effect upon any wildlife dispersal or migration corridors. f) See VILa. above. The proposal would not affect regional habitat preservation planning efforts. Potentially Potentially Significant Less tban VIII. ENERGY AND MINERAL RESOURCES. Significant Unless Significant No Would the proposal: Impact Mitigated Impact Impact a) Conflict with adopted energy conservation 0 0 0 t8I plans? b) Use non-renewable resources in a wasteful and 0 0 0 t8I inefficient manner? c) If the site is designated for mineral resource 0 0 0 t8I protection, will this project impact this protection? \..{] Page - 8 Comments: a) The proposal would not conflict with any adopted energy conservation plans. b) The proposal would be designed to meet or exceed all applicable energy efficiency regulations. There are no proposed features or aspects of the project that would result in the wasteful or inefficient use of non-renewable resources. c) According to the Environmental Impact Report for the City of Chula Vista General Plan Update (Chula Vista, 1989), the project site does not contain significant mineral resources. Potentially IX. HAZARDS. Would (he proposal Involve: Potentially Significant Less than Significant Unless Significant No Impact Mitigated Impact Impact a) A risk of accidental explosion or release of 0 0 0 0 hazardous substances (including, but not limited to: petroleum products, pesticides, chemicals or radiation)? b) Possible interference with an emergency 0 0 0 0 response plan or emergency evacuation plan? c) The creation of any health hazard or potential 0 0 0 0 health hazard? d) Exposure of people to existing sources of 0 0 0 0 potential health hazards? e) Increased fire hazard in areas with flammable 0 0 0 0 brush, grass, or trees? Comments: a) There are no proposed features or aspects of the proposal that would represent a risk of accidental explosion or release of hazardous substances. The proposed project consists ofresidential and commercial/retail development. The applicant is required to show proof of compliance with the County of San Diego Hazardous Materials Management Division and City Fire Department hazardous materials storage requirements and fire safety standards prior to issuance of building permits. b) The proposal would not result in interference with an emergency response plan or emergency evacuation plan. c) No health hazards or potential health hazards would be created as a result of the development of mixed-use commerciallresidential development on the project site. d) No known sources of potential health hazards exist on the project site or in the immediate vicinity. ....{..'t Page - 9 e) The project site is not situated within or immediately adjacent to an area containing dense flammable vegetation; furthennore, the proposed project is surrounded by properties containing buildings constructed of steel and concrete and decorative landscaping. a) Increases in existing noise levels? b) Exposure of people to severe noise levels? Potentially PotentiallJ Significant Less than Significant Unless Significant No Impact Mitigated Impact lmpal;t D D 0 D D D 0 D X. NOISE. Would the proposal result in: Comments: a) See Negative Declaration, Section E. b) See Negative Declaration, Section E. Potentially XI. PUBLIC SERVICES. Would the proposal have Potentiall)' Significant Less than Significant Unless Significant No an effect upon, or result in a need for new or Impact Mitigated Impact Impact altered government services in any of the following areas: a) Fire protection? D D D 0 b) Police protection? D D D 0 c) Schools? D D D 0 d) Maintenance of public facilities, including D D D 0 roads? e) Other governmental services? D D D 0 Comments: a) The 1,500 G.P.M. fire flows at 20 p.s.i. residual pressure for a two-hour duration as required by the Chula Vista Fire Department is available to serve the proposal. According to the Fire Department, the proposal would not have a significant effect upon or result in a need for new or altered fire protection services. b) According to the Police Department, the proposal would not have a significant effect upon or result in a need for new or altered police protection services. c) Because the proposal is for 41 senior units, assumed to be occupied by 1-2 seniors per unit, and one manager's unit, no adverse impacts to public schools would result. Although. the manager's unit may contain a household with one or more school-age children. this would not result in a significant school impact. '-R) Page - 10 d) The proposed project would be constructed and maintained entirely by the property owner/applicant. e) The proposal would not have a significant effect upon other goverrunental facilities. XII. Thresholds. Will the proposal adversely impact the City's Threshold Standards? As described below, the proposed project would not adversely impact any of the seven Threshold Standards. Potentially Potentially Significant Less than Significant Unless Significant No Impact Mitigated Impact Impact D D 0 D Potentially Potentially Significant Less than Significant Unless Significant No Impact Mitigated Impact Impact a) Fire/EMS D D 0 D 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 has determined that this threshold standard will be met. Comments: Department. The Fire threshold would continue to be met as reported by the Fire Therefore, no significant impacts to fire services are anticipated. Potentially Potentially Significant Less than Significant Unless Significant No Impact Mitigated Impact Impact b) Police D D 0 D The Threshold Standards require that police units must respond to 84 % of Priority 1 calls within 7 minutes or less and maintain an average response time to all Priority 1 calls of 4.5 minutes or 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. Comments: The Police threshold would continue to be met as reported by the Police Department. Therefore, no significant impacts to police services are anticipated. Potentially Potentially Significant Less than Significant Unless Significant No Impact Mitigated Impact Impact C) Traffic D D D 0 1. City-wide: Maintain LOS "C" or better as measured by observed average travel speed on all signalized arterial segments except that during peak hours a LOS "D" can occur for no more than any two hours of the day. 2. West of 1-805: Those signalized intersections, which do not meet the standard <.Iy Page - 11 above, may continue to operate at their 1991 LOS, but shall not worsen. Comments: According to the Engineering Department, all roadways within the project area are projected to operate at LOS C or better with the addition of the project traffic, in compliance with the traffic threshold. Potentially Potentially Significant Less than Significant Unless Significant No Impact :Mltigaled Impact Impact d) Parks/Recreation D D D 0 The Threshold Standard for Parks and Recreation is 3 acres of neighborhood and community parkland with appropriate facilities per 1,000 residents east of Interstate 805. Comments: Because the project site is located to the west of Interstate 805, the threshold standard is not applicable. However, as a mixed-use development with a residential component the proposal is subject to payment of park fees to be utilized to provide for furore park and recreation facilities consistent with the City's Park and Recreation Master Plan. Potentially Potentially Significant Less than Significant Unless Significant No Impact Mitigated Impact Impact e) Drainage D D 0 D 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 will comply with this Threshold Standard. · Comments: Tbe Engineering Department indicates that the project will be required to construct new on-site and off-site drainage facilities. Tbe preliminary grading and improvement plans include proposed drainage improvements that will improve the existing conditions as well as handle the increased flow created by the project, according to the Engineering Division. The project design and proposed drainage improvements will be sufficient to reduce any impacts to a level of less than significant. According to the Engineering Division, the proposed project will comply with the drainage threshold standard. Potentially Potentiall}' Significant Less than Significant Unless Significant No Impact Mitigated Impact Impact f) Sewer D D 0 D 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. Comments: No new sewer service facility would be required to serve the proposed project; ~l Page - 12 however, engineering design of required sewer improvements or laterals to serve the project would ensure that sewage flows and volumes would not exceed City Engineering Standards and Sewer Threshold Standards. Potentiall)' Potentially Significant Less than Significant Unless Significant No Impact Mitigated Impact Impact g) Water D D 0 D The Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and that water quality standards are not jeopardized during growth and construction. Applicants may also be required to participate in whatever water conservation or fee off- set program the City of Chula Vista has in effect at the time of building permit issuance. Comments: No new water service would be required to serve the proposed project. The project site is an in-fill site within a developed area. The project site is within the service area of the Sweetwater Authority Water District. Pursuant to correspondence received from the Sweetwater Authority Water District, dated August 14, 2002, the project may be serviced from the existing 8-inch water main on Broadway. As noted in the August 27, 2002 Fire- Flow Availability Letter from the Sweetwater Authority Water District, the project may be served. Project impacts to the District's storage, treatment, and transmission facilities would be less than significant. PotentiaU}' XIII. UTILITIES AND SERVICE SYSTEMS. Would Putentially Significant Less tban Significant. Unless Significant No the proposal result in a need for new systems, or Impact Mitigated Impact Impact substantial alterations to the following utilities: a) Power or natural gas? D D 0 D b) Communications systems? D D D 0 c) Local or regional water treatment or D D D 0 distribution facilities? d) Sewer or septic tanks? D D D 0 e) Storm water drainage? D D 0 D f) Solid waste disposal? D D D '" Comments: a) The project site is located with an urban area that is served by all necessary utilities and service systems. Any alterations to existing utilities and service systems and cOill1ections to such utilities and systems that are necessary to adequately service the proposal would be implemented by the applicant, subject to the approval of the City lff Page-13 and/or the appropriate utilities and service providers. Impacts of the proposal to utilities and service systems would be less than significant. b) See XIII.a. c) See XIII.a. d) See XIII.a. e) See XIII.a. The adequacy of the existing storm drainage facilities to serve the project would be detennined prior to the issuance of construction pennits; any improvements to the storm drainage system that are deemed necessary will be implemented by the applicant to the satisfaction of the City Engineer. f) See XIII.a. Pacific Waste Services provides solid waste disposal services for the property. A new trash enclosure is proposed that would house three 4-cubic-yard bins, one each for trash, mixed paper, and yard waste, along with two 96-gallon carts for rigid recyclables. The proposed mixed-use commercial/residential project would result in a net increase in solid waste generation; however, the applicant shall be required to implement the City Solid Waste and Recycling Plan meeting all criteria for convenient spacing for solid waste and recycling facilities, receptacles and common area collection. XIV. AESTHETICS. Would the proposal: a) Obstruct any scenic vista or view open to the public or will the proposal result in the creation of an aesthetically offensive site open to public view? b) Cause the destruction or modification of a scenic route? c) Have a demonstrable negative aesthetic effect? d) Create added light or glare sources that could increase the level of sky glow in an area or cause this project to fail to comply with Section 19.66.100 of the Chula Vista Municipal Code, Title 19? e) Produce an additional amount of spill light? Comments: Potentially PotcntiaUy Significant Less than Significant Unless Significant No Impact Mitigated Impact Impact D D D 0 D D D o D D D o D D o D D D o D a) No significant scenic vistas or views open to the public exist through the site. b) In accordance with the City's General Plan, Broadway is not a designated scenic roadway. Landscape treatments within a 10-foot wide strip along Broadway, K Street \.fir Page - 14 and Sierra Way and internal landscaping are proposed in accordance with the City of Chula Vista Municipal Code (Sections 19.36.090 and 19.36.110) and the Montgomery Specific Plan as well as landscape and site architectural requirements and design review guidelines. These landscape improvements would ensure that aesthetic impacts to these roadways are not adverse. c) Broadway is currently being studied for revitalization opportunities under the proposed Broadway Revitalization Plan. This type of infill project is supported by the goals of the Southwest Redevelopment Plan. In tenns of the project removing blight influences and providing new structures and facilities and contributing to the improvement of the area, directly and purposely linked to the Southwest Redevelopment Plan and future goals of the Broadway Revitalization Plan. d) Proper architectural design would ensure compliance with Section 19.66.100 of the Chula Vista Municipal Code. Exterior lighting would not be directed upward and would be designed with appropriate shielding, if necessary, to ensure that light does not spill horizontally beyond the limits of the development area onto adjacent roadways and surrounding properties. e) See XIV.d. PoteDliall~' XV. CULTURAL RESOURCES. Would the PotentiaUr Significant Less than Significant Unless Significant No proposal: Impact Mitigated Impact Impact a) Will the proposal result in the alteration of or D D D 0 the destruction or a prehistoric or historic archaeological site? b) Will the proposal result in adverse physical or D D D 0 aesthetic effects to a prehistoric or historic building, structure or object? c) Does the proposal have the potential to cause a D D D 0 physical change which would affect unique ethnic cultural values? d) Will the proposal restrict existing religious or D D D 0 sacred uses within the potential impact area? e) Is the area identified on the City's General D D D 0 Plan EIR as an area of high potential for archeological resources? Comments: a) No prehistoric or historic archaeological sites are known or expected to be present within the impact area of the proposal. See XV.e. below. b) No buildings or structures are present within the impact area of the proposal and no prehistoric or historic objects are known or expected to be present within the impact area. See XV.e. below. -lJ ,) Page - 15 c) The proposed physical changes would not affect unique ethnic cultural values. d) No religious or sacred uses exist within the impact area of the proposal. e) Based on the previous level of site disturbance associated with existing site improvements and adjacent site improvements, no impacts to archaeological resources are anticipated. POlentiaUy Significant Impact Potentially Significant Unless Mitigated Less than Significant Impact No Impact XVI. PALEONTOLOGICAL RESOURCES. Will the proposal result in the alteration of or the destruction of paleontological resources? Comments: D D D o a) Limited excavation within undisturbed geologic fonnational material would be required; therefore, the potential for the project to significantly impact paleontological resources is considered to be less than significant. Potentially XVII. RECREATION. Would the proposal: Potentially Significant Less than Significant Unless Significant No Impact Mitigated Impact Impact a) Increase the demand for neighborhood or D D D 0 regional parks or other recreational facilities? b) Affect existing recreational opportunities? D D D 0 b) Interfere with parks & recreation plans or D D D 0 programs? Comments: a) The proposed project would not induce any significant population growth and, therefore, would not result in a significant increase in demand for neighborhood or regional parks or other recreational opportunities. b) The proposal would not affect existing recreational opportunities. c) The proposal would not interfere with parks and recreational plans or programs. <)I Page -]6 XVIII. PROJECT REVISIONS OR MITIGATION MEASURES: No mitigation measures are required. XIX. 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. 0 Land Use and Planning 0 Transportation/Circulation 0 Public Services 0 Population ansJ Housing 0 Biological Resources 0 Utilities and Service Systems 0 Geophysical 0 Energy and Mineral Resources 0 Aesthetics 0 Water 0 Hazards 0 Cultural Resources 0 Air Quality 0 Noise 0 Recreation 0 Paleontological 0 Mandatory Findings of Significance Resources XX. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment. . and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, 0 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, and an 0 ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MA Y have a significant effect(s) on the environment, but at 0 least one effect: I) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impacts" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, 0 there WILL NOT be a significant effect in this case because all potentially significant effects ;-).... Page - 17 (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. h-;~/r/~ y , Marilyn R.F. Ponseggi j Environmental Review Coordinator 5/q/iJ~ / 'Date ,-:;'3 Page - 18 AttachmentS Comment Letter on Negative Declaration IS-03-00S April 21, 2003 1o)~~~nJ~1n\ ~rAPR 2 5 2003 ~ Ms. Maria Muett Associate Planner City of Chula Vista Planning and Building Department 276 Fourth Ave. Chula Vista, CA 91910 PLANNING Dear Ms. Muett, ~' f, 2003 Thank you for taking the time to speak to me regarding the proposed Seniors on Broadway project located at 825 - 841 Broadway being submitted by MAAC. As I indicated to you, I have a number of concerns regarding the proposed project and the assumptions that are being used to determine its viability in our neighborhood and its impact on our neighborhood. As I understand the Neighborhood Revitalization Program, its intent is to make improvements to existing, blighted neighborhoods. Our neighborhood was established over 45 years ago and many of its 1. residents are the original homeowners. These homes are all in very good condition and selling in the $200,000 - $300,000 range. They do not, in my estimation, reflect a blighted condition. When the Chula Vista Elementary School District proposed and constructed the new Charter School at 590 'K' Street, we accepted this new addition without complaint. This occurred even with the recognition of the anticipated parking problems that have come to fruition and impact our lives on a daily basis. However, the proposed MAAC project is another matter. I have attended the community meetings that have occurred to date, and I am concerned with the lack of specificity of the proposed plan that has been presented to the neighborhood. I am even 2. more concerned about comments made by the MAAC representatives regarding the assumptions made about the "seniors" that they anticipate will be occupying their project. As the project was explained it is to be a mixed-use project with retail and senior apartments. Unfortunately, with 42 proposed units, only 45 parking spaces were induded. This is to provide sufficient parking for tenants, retail commercial, guests and MAAC social service workers. When questioned on the ratio of parking spaces to potential users I was told, "don't worry, seniors don't drive anyway". First I find this response insulting to my intelligence, and VI second, it makes me question the future for our neighborhood if this is the mentality that MAAC will bring to the table. I am a senior citizen, 2. and have been for some time. I still own a car; I still drive and hope to be adding to the traffic count in this area for some time to come. Some points of fact that will help in understanding the proposed project: . Sierra Way was recently widened through a deal between the City and the School District. Even so, the new street is still of substandard width and lacks a sidewalk on the north side of the street. · As with most of the schools in our community, the charter school creates a traffic jam in the morning and afternoons during the drop-off and pick-up times of the students. There are times when Sierra Way is so severely impacted; the local residents cannot use it. When I discussed this situation with school officials and crossing guards, I was informed that the traffic situation I described on Sierra Way is only exceeded by the traffic generated by the school on 'K' Street. · The proposed site is approximately one acre, about the size of a football field. · The traffic problem will be exacerbated by the traffic trips generated by the proposed MAAC project - estimated at more than 600 traffic trips daily. And, since seniors don't drive, according to the MAAC representatives, this count could be underrepresented in the traffic numbers. · The footprint of the Charter School is in different location than originally contemplated in the plans submitted to the City. I understand that the City does not have jurisdiction over a school site plan, however, if the change in the school footprint occurred in anticipation of the MAAC project, or something like it, would City approval have been required? The proposed project appears to have been contemplated all along. A self-fulfilling prophecy? If this is the case, should this have been considered in the initial EIR? · Traffic and parking appear to have been understated in the Negative Declaration. - "The project site is presently vacant and undeveloped. The established surrounding land uses consist of a furniture store, mortuary, school, auto-related businesses and miscellaneous retail uses. Unfortunately, the staff report failed to mention that single-family residences are impacted daily by the traffic generated by the Charter School and surround the proposed site. .~ 3. 4. 5. 6. 7. 8. . Neither does the Negative Declaration take into account that our neighborhood (our home) is bordered by Chula Vista High School (CVHS) to the east and the Charter School to the west. CVHS is approximately a quarter mile from the proposed site, and although the traffic impact from the high school is not significant, the traffic counts generated by the local leagues using the high school athletic fields is significant, especially during soccer season. Often this occurs on both Saturday and Sunday. There is no mention of this in the Negative Declaration. I encourage you to inspect the impact of this situation on a "soccer weekend". I believe you will find those using the fields occupy every available parking space on Fifth Ave., Sierra Way (approximately a third of the way to Broadway) as well as impacting the side streets closer to Fifth. During the week this traffic impact is replaced by the Charter School traffic. And, now we want to add additional traffic trips. I suggest that the traffic component of the Negative Declaration is flawed and understated and does not identify the real traffic situation created by pre-existing uses or the proposed project. . Our residential streets are regularly used as short cuts to 'L' Street and to Sierra Way, depending on the direction of the traffic to and from the Charter School and athletic fields. This condition has increased since the construction of the Charter School. As a result, we must bear the brunt of numerous speeding and, at times, reckless drivers. . A better use for the site, especially given the lack of open space on the west side of our City, would be to combine this site with the existing playground at the school and create a mini-park for the neighborhood. I suggest that MAAC's mission statement to "make improvements to blighted areas" can certainly be fulfilled by turning its attention to the hotels and mobile home parks along Broadway. If they need low cost housing, I suggest that these would create excellent opportunities for neighborhood revitalization and be a welcome addition to the neighborhood. There are numerous opportunities in our community, too many in fact, that would benefit from a MAAC revitalization effort. Our neighborhood is well established, clean and well kept. We accepted the Charter School and we are learning to deal with the resulting traffic. We do not need another project, or the additional traffic. There are many, greater opportunities available to achieve the MAAC goal. As I previously indicated, we are in need of parks on the west side of our City and we have more than our fair share of affordable housing. I feel as if I am fighting the fight that Chula Vista has fought for years - to not become a dumping ground and not allow the more affluent of our 5'(.. 9. 10. 11. 12. 13. community to not accept their fair share of affordable housing. Even at the prices I mentioned earlier, we are the affordable housing in Chula Vista. It is time to insure that well-established neighborhoods, such as 13. ours, that are already impacted by existing schools, recreation centers and other community services are not over-burdened with even more development. I hope you will consider and investigate some of the flaws I see in the negative declaration regarding traffic, the description of the neighborhood and other community uses. I encourage you to visit the neighborhood and walk the proposed project site. Visit our neighborhood on weekends 14. during soccer season, as well as during the school day when parents are coming and going to school with their children. I believe you will see the impact for yourself. This project seems ill advised. Schools need more land for the children, not less. Respectfully, Y~~C0~-~~ Bobbie Morris I 862 Cedar Avenue Chula Vista, CA 91910 r;::) Attachment 8 Responses to Comment Letter on Negative Declaration IS-03-008 1. This comment does not address a potential environmental impact pursuant to the California Environmental Quality Act (CEQA) and, therefore, does not address the adequacy of the Negative Declaration. 2. Existing parking within the neighborhood associated with the charter school are not attributable to the proposed project; furthennore, the City does not have the authority to dictate how school operations are conducted. The development of the charter school was approved by the Chula Vista Elementary School District; the District adopted a Mitigated Negative Declaration pursuant to CEQA in conjunction with the approval of the charter school. The Mitigated Negative Declaration adopted by the District did not contemplate the existing pedestrian access point on Sierra Way, which has resulted in persons dropping off and picking up students parking in the surrounding neighborhood. The parking issue associated with the proposed project is whether or not it would exacerbate this existing problem. The majority of the patrons of the retail commercial businesses are expected to utilize on-street parking on the project's Broadway and Sierra Way fTontages. On average, the proposed one-bedroom, low-income senior apartments are expected to generate a parking demand of 0.5 parking spaces per unit, or a total of approximately 22 spaces including the two-bedroom manager's unit, as outlined in the Agenda Statement. The off-street parking requirement for the proposed 2,219 square feet of retail commercial space is II spaces. Based upon the project's anticipated parking demand and the potential for approximately 14 on-street parking spaces along the project's Broadway frontage, the proposed 45 off-street parking spaces are considered to be adequate to meet the parking demand associated with the project. 3. Comment noted. This existing condition is not anticipated to contribute to a project- related parking or traffic impact. 4. The Mitigated Negative Declaration adopted by the District in conjunction with the approval of the charter school identified the potential stacking of cars onto K Street at the school's main entrance during drop-off and pick-up periods as a potentially significant impact. To mitigate this impact, the District adopted a mitigation measure consisting of traffic control signage instructing drivers to park their cars in the school parking lot when dropping off or picking up students. The existing pedestrian access point to the school on Sierra Way, which contributes to school-related traffic on Sierra Way, was not contemplated in the Mitigated Negative Declaration. City staff has initiated contact with the District to address school-related traffic issues associated with the charter school neighborhood and will continue to do so; however, the City does not have the authority to dictate how school operations are conducted. Project-generated traffic, estimated to be 340 average daily trips based on the current revised proposal, will be dispersed throughout the day; it is anticipated that a very small percentage of these trips will occur on K Street and Sierra Way on weekdays during charter school drop-off and pick-up periods. The current average daily traffic ~ Page I of3 Attachment 8 Responses to Comment Letter on Negative Declaration IS-OJ-008 volume on Broadway in the vicinity of the project site is approximately 22,000 trips. Pursuant to 2002 SANDAG trip generation rates, the percentage of daily trips generated by apartments that occur during the A.M. and P.M. peak hours is only 8 and 9 percent, respectively; only a portion of these trips are expected to occur on K Street and Sierra Way. For most types of retail businesses, the percentage of daily trips that occur during the A.M. peak hour is even less than the percentage of apartment trips. Access to the on-site parking lot will be provided from Broadway. The majority of the patrons of the retail businesses are expected to utilize on-street parking on Broadway along the project frontage, which will further minimize the amount of project traffic on Sierra Way and other residential streets in the surrounding neighborhood. 5. This comment does not address a potential environmental impact pursuant to CEQA and, therefure, does not address the adequacy of the Negative Declaration. 6. The trip generation projection for the project is based upon 2002 SANDAG trip generation rates for the San Diego region. The rate utilized for the apartments was six daily vehicular trips per unit (this rate is applicable to multi-family developments of 20 or more dwelling units per acre). Because the initial trip generation projection for the project was incorrectly based upon 9,010 square feet of retail commercial space (the proposal is 2,219 square feet) and because the number of apartments has been increased from 40 to 42 units, the number of average daily trips projected to be generated by the project is 340 trips, not 600 trips as stated in the draft Negative Declaration. The fact that the proposed apartments are proposed to be occupied by low-income, senior residents had no bearing on the trip generation projection. 7. The City has no authority with respect to the siting of educational buildings on public school campuses; therefore, City approval would not have been required for the construction of the school building in its present location even if the current proposal had been contemplated by the District at the time of construction. If the current proposal was reasonably foreseeable by the District at the time they prepared the Mitigated Negative Declaration for the charter school, then it would have been incumbent upon the District to assess the anticipated layout of the school campus and to address to the extent possible the potential impacts of the current proposal. However, despite the inclusion of the District's evaluation of the current proposal in their CEQA document, the District would not have been able to develop the project site as a non-educational facility prior to obtaining City approval. 8. Please refer to the response to comment 4 above. 9. With respect to project parking impacts, please refer to the response to comment 2 above. On weekends when sports league activities occur at nearby Chula Vista High School, A.M. and P.M. peak period traffic volumes are less concentrated than weekday peak periods associated with commuting patterns. Therefore, on weekends project traffic will be more evenly dispersed throughout the day than on weekdays, ~ Page 2 of 3 Attachment 8 Responses to Comment Letter on Negative Declaration IS-03-008 which will minimize the potential for a significant amount of project traffic to coincide with sports league traffic. Based on the minimal contribution of project traffic during peak periods, project traffic is not anticipated to result in either a significant or cumulatively considerable traffic impact on neighborhood streets. 10. Comment noted; this comment does not address a potential environmental impact pursuant to CEQA and, therefore, does not address the adequacy of the Negative Declaration. II. This comment does not address a potential environmental impact pursuant to CEQA and, therefore, does not address the adequacy of the Negative Declaration. 12. This comment does not address a potential environmental impact pursuant to CEQA and, therefore, does not address the adequacy of the Negative Declaration. 13. This comment does not address a potential environmental impact pursuant to CEQA and, therefore, does not address the adequacy ofthe Negative Declaration. 14. Please refer to the above responses to comments. Although it is acknowledged that the charter school and sports league activities at Chula Vista High School generate traffic and parking issues in the surrounding neighborhood, based upon staff s analysis of the project it is not anticipated that either significant or cumulatively considerable traffic or parking impacts will result fTom the project. <",0 Page 3 of3