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HomeMy WebLinkAboutPlanning Comm Reports /2007/06/27 AGENDA MEETING OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA 6:00 p.m. Wednesday, June 27, 2007 Council Chambers 276 Fourth Avenue Chula Vista, CA CALL TO ORDER: ROLL CALL I MOTIONS TO EXCUSE: Planning Commission: Felber Vinson Moctezuma Bensoussan Tripp_Clayton_ Spethman_ PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE: APPROVAL OF MINUTES: May 9, 2007 ORAL COMMUNICATIONS: Opportunity for members of the public to speak to the Planning Commission on any subject matter within the Commissions' jurisdiction, but not an item on today's agenda. Each speaker's presentation may not exceed three minutes. 1. SPECIAL ORDER OF BUSINESS: Request for Appointments to the Historic Preservation Advisory Committee. Presenter: Lynette Tessitore-Lopez, Associate Planner 2. PUBLIC HEARING: PCA 07-04A; Reconsideration of Amendments to Chula Vista Municipal Code Chapter 19.07 Specific Plans and 19.80 Controlled Residential Development. (Legislative) This item has been pulled from the agenda. 3. PUBLIC HEARING: Consideration of the following applications filed by St. Rose of Lima Catholic Parish for 3.9 acres Planning Commission Agenda -2- June 27, 2007 located at the northeast corner of Third Avenue and H Street. (Quasi-Judicial) a. PCZ 07-02; Zoning Application to establish Precise Plan Modifying District (P) for the underlying Apartment Residential Zone (R-3); and adopt Precise Plan Standards for the subject property. b. PCC 06-42; Conditional Use Permit for the renovation and expansion of an existing church campus. Project Manager: Jeff Steichen, Associate Planner 4. PUBLIC HEARING: PCA 07 -06; Consideration of two ordinances with proposed amendments to Title 19 of the Chula Vista Municipal Code relating to 1) the name and functions of the Design Review Committee, and 2) the procedures for the Resource Conservation Commission to officially designate historic resources within the City of Chula Vista. (Legislative) Project Manager: John Schmitz, Principal Planner DIRECTOR'S REPORT: COMMISSION COMMENTS: ADJOURNMENT: To a Regular Planning Commission on July 11,2007. 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. MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA 6:00 p.m. May 9, 2007 Council Chambers 276 Fourth Avenue Chula Vista, CA CALL TO ORDER: 6:08:50 PM ROLL CALL / MOTIONS TO EXCUSE: Members Present: Felber, Vinson, Moctezuma, Bensoussan, Tripp, Clayton, Speth man Absent: None APPROVAL OF MINUTES: March 14, 2007 and March 21,2007. MSC (Spethman/Moctezuma) (7-0) that the Planning Commission approve minutes of March 14, 2007 and March 21, 2007 as submitted. Motion carried. ORAL COMMUNICATION: Opportunity for members of the public to speak on an item not on the agenda. 6:12:38 PM Frank Ohrman, real estate broker, stated that a client of his is attempting to open a bicycle retail/warehouse facility in an eastern Chula Vista commercial center, but has encountered obstacles. According to Planning staff, the Planned Community District Regulations for these centers do not allow this type of use. Mr. Ohrman stated that the master builders of the planned communities have done an outstanding job in implementing smart-growth development concepts, where people can live, work, shop and recreate in their own community. For this reason they have incorporating very nice bicycle and pedestrian trails; the entire eastern region is optimal for bicycling. He urged the Commission's intervention in directing staff to reconsider the uses in these centers so that the community gets some of the services and retail businesses that they want. Mike Olson, owner of three Trek Bicycle Stores in San Diego stated that Chula Vista, has great infrastructure for bicycle trails and would be an amazing spot to open a new south San Diego regional store. Their inventory takes a lot of space and they need a large facility; typically their stores are located in areas where there are furniture stores. They generate low traffic and high price ticket sales. They have found a location in Chula Vista where other allowable uses are furniture stores, however, bicycle retail stores are not an allowed use. 6:24:48 PM Wolf Bielas, CEO of RSI, a high-tech research and development company located in the Eastlake Business Center stated they have been looking for the right tenant to rent the space adjacent to their facility and they were approached by Trek, who is interested in renting the space. Mr. Bielas indicated that they were very excited at this Planning Commission Minutes -2- May 9, 2007 prospect because it would serve as a laboratory for research and development of their inventory barcode and tracking technology. He too urged the Commission to assist them in initiating a recommendation to staff, directing them to reconsider the uses at the business center. 6:2919 PM 1. SPECIAL ORDER OF BUSINESS: Beautification Awards Presentation and Planning Commission Representative. Nancy Lytle reported that the nominations for the 34'h Annual Beautification Awards banquet is being kicked-off and is tentatively scheduled in October at the Olympic Training Center. Ms. Lytle also indicated that the Mayor's Office is seeking to establish a review/judging committee comprised of representatives from various boards and commission, civic groups and neighborhood associations. Cmr. Bensoussan commended Nancy Lytle for her involvement in the planning of this event, and stated that the outreach effort with the community, as well as press coverage, gives excellent exposure to Chula Vista, MSC (ClaytonNinson) (5-1-0-1) nominating Cmr. Mike Speth man's name to be submitted to the Mayor for consideration to be the Planning Commission representative on the Beautification Awards Committee. Motion carried with Cmr. Bensoussan voting against the motion and Cmr. Spethman abstaining. MSC (Felber/ ) nominating Cmr. Bensoussan's name to be submitted to the Mayor for consideration to be the Planning Commission representative on the Beautification Awards Committee. Motion failed due to lack of a second. 2. PUBLIC HEARING: PCC 05-44; Consideration of a Conditional Use Permit for a carwash facility and expansion/relocation of an existing convenience store at a service station located within the Terra Nova Plaza Shopping Center at 350 East H Street. At the request of the applicant, staff is recommending a continuance of this public hearing to a date uncertain. MSC (Tripp/Clayton) (7-0) to continue PCC 05-44 to a date uncertain. Motion carried. 3. PUBLIC HEARING: PCS 06-08; Consideration of a Tentative Subdivision Map to subdivide .26 acres into seven (7) condominium units for individual ownership at 148 Fourth Avenue. Planning Commission Minutes -3- May 9, 2007 6:47:44 PM Background: Caroline Young reported that the applicant submitted a Tentative Map application proposing to convert an existing apartment complex into seven condominium units for individual ownership. The apartment complex is approximately 18 years old and was originally approved by the Design Review Committee. The Design Review permit proposes no significant exterior structural changes, but is recommending minor upgrades including repair or replacement of fencing, provide a new landscaping area and a new trash enclosure. Each unit's interior will have new carpet, tile, doors, windows and storage areas 6:51 :58 PM Commission Comments. 6:52:14 PM Cmr. Spethman stated that since the attic will count towards the storage requirement, he asked if it would be a finished attic and will it have pull-down steps. Cmr. Spethman expressed a concern with the lack of active open space within the complex, where children can play or families can barbeque; instead, he noted that the open space is simply landscaping areas along the perimeter of the project. 6:52:29 PM Luis Hernandez responded that the condominium requirements allow the use of the attic to accommodate the storage space requirements, and that it would be a Condition of Approval that the attic be finished and pull-down steps be installed. 6:55:38 PM Cmr. Vinson stated that to his knowledge, condominium space is confined to the areas that are within the walls, therefore, he asked if the attic storage space would be recorded on the deed and title as such. Luis Hernandez responded that the HOA is responsible for maintaining the integrity of the building structure, i.e. roof trusses and common walls; the attic air space would be considered as part of the condominium. Cmr. Bensoussan inquired about: . the unit sizes and the breakdown of storage square footage for each unit size; . whether there is any indication if the apartment unit next door will be going through a conversion, and . does the proposed landscaping plan include any tall vegetation screening on the north side of the property. Mr. Hernandez stated that to his knowledge, there is no application on file for a condo conversion of the adjacent apartment complex. With respect to the landscape, there is not enough room to accommodate tree screening because its basically just a walkway to connect the front and back property. 7:04:10 PM Cmr. Tripp asked what is the width of the dedication that the applicant will need to provide for the right-of-way along Fourth Avenue, and if there are currently and CIP efforts to widen Fourth Avenue. Planning Commission Minutes -4- May 9, 2007 Mr. Hernandez responded that the dedication would be approximately two feet wide, and to his knowledge, there are currently no CIP projects to widen Fourth Avenue. 7:07:25 PM Cmr. Speth man inquired if this project was reviewed by the DRC or was it handled administratively. Mr. Hernandez responded that when the project was built, approximately 18 years ago, it did go through the Design Review Committee. The proposed conversion was handled administratively by the Zoning Administrator and the complex was found to be in very good condition. 7:11 :06 PM Cmr. Bensoussan stated that in past review of condo conversions, staff and the Commission have recommended the replacement of traditional water heaters to tankless water heater. Not only does it promote sustainable development practices, but tankless water heaters also occupy a significant less amount of space, therefore, Cmr. Bensoussan inquired if this is still an option in this project. Mr. Hernandez stated that typically staff will make such a recommendation, particularly when the water heater is located in a strategic area i.e. the balcony or inside the unit. In this case, the tank is located in the garage, where the applicant is proposing to install cabinets for additional storage space. Mr. Hernandez further indicated that if the Commission would feel more comfortable to provide the additional needed storage space in the area where the water heater is now located, instead of the attic, they could make that a Condition of Approval. Public Hearing Opened. 7:13:42 PM Michael Palumbo, applicant, stated that he purchased the building in 2000 because he liked the design and look of the building. Mr. Palumbo stated his project meets all of the requirements, i.e. open-space, setbacks, parking and storage. The strip along the north side that was suggested to be used to plant screening material, is presently a strip of dirt that the tenants have used to plant a vegetable garden. Mr. Palumbo indicated he would be amenable to planting some screening material, as well as agree to finish the attic and install the pull-down steps. 7:20:03 PM Cmr. Bensoussan asked about the size of the units. Mr. Palumbo stated that the average is 850 to 900 sf; there is one two-story unit that is the largest that is 1,300 sf. 7:27:08 PM Cmr. Vinson asked if the applicant had had any preliminary title work done to transfer the units in to individual ownership. Additionally, he is concerned with whether the attic storage space would be included in the deed as part of the condomium. 7:28:49 PM Phillip Diaz, realtor for the project, stated that the title and deed transfer to individual owners has not yet begun, but the attic space that is in question will certainly be adequately addressed. The attic storage could perhaps be handled similar to the way private balconies are considered as part of the open space. Planning Commission Minutes -5- May 9, 2007 7:29:39 PM Cmr. Felber asked if the applicant plans to have any type of financial assistance or incentive for the current owners to encourage them to purchase their unit. Mr. Palumbo stated that they plan to give their tenants, who do not wish to purchase their unit, a free last-month rent or possibly pay their first-month rent at the new location they are moving to. They also plan to have a community meeting with a financial lending advisor to walk them through the different types of programs and first-time homebuyer programs they may be able to qualify for. 7:33:12 PM MSC (Spethman/Clayton) that the Planning Commission adopt Resolution PCS 06-08 recommending approval of a Tentative Subdivision Map to subdivide .26 acres into seven (7) condominium units for individual ownership at 148 Fourth Avenue, with a recommendation that an additional Condition of Approval be added that the applicant install pull-down stairs to access the attic storage area. 7:34:07 PM Cmr. Tripp pointed out that the motion should include amending Condition #26. of the City Council Resolution by removing the statement that reads, "..No additional work is required to provide the storage within the attic space and the storage area below the stairway." The maker and second of the motion accepted the friendly amendment offered by Cmr. Tripp. 7:34:38 PM Cmr. Felber offered a friendly amendment to the motion that the proposed list of upgrades be added to the City Council Resolution and that the condition to add the plywood flooring in the attic be added. 7:38:03 PM Call for the question. Motion passes unanimously (7-0). Director's Report. 7:38:39 PM Jim Hare gave an update on the progress for putting together the topics of discussion for the procedures workshop that is slated in the near future. Mr. Hare indicated that on the same night of the procedures workshop, there will be a presentation given on our Code Enforcement Program. 7:50:21 PM Adjournment to a regular Planning Commission meeting on May 23, 2007. AGENDA ITEM NO. Informational Memorandum TO: VIA: FROM: SUBJECT: Planning Commission Jim Hare; Assistant Planning Director Lynnette Tessitore-Lopez; Associate Planner Request for Appointments to the Historic Preservation Advisory Committee On May 22, 2007, Council approved the Historic Preservation Work Program and authorized staff to commence with the implementation of the Work Program. As part of this Work Program, Council authorized the formation of an Historic Preservation Advisory Committee (Advisory Committee) to assist staff with the finalization of the City's Historic Preservation Program. Staff respectfully requests that, at its June 27, 2007 meeting, Planning Commission appoint one member and an alternate to sit on the Advisory Committee. Staff will attend this meeting to accept the appointments and answer any questions that the Planning Commission may have. Once each standing committee and commission has appointed a member and an alternate, staff will return to Council for ratification of appointments. Committee member roles and reponsibilities, service commitment and appointment citeria are provided below: Committee Roles and Responsibilities: . Recommend on content and structure of the draft historic preservation program . Participate in the drafting of a permanent ordinance . Contribute to the development of a Historic Context statement for the City of Chula Vista . Draft process and procedures for a comprehensive citywide historic resources survey . To work with staff and/or consultants on any other functions related to the development of a comprehensive historic preservation program. Term of Service and Time Commitment . The term of service will be through the adoption of the Historic Preservation Program Document by Council and the commencement of a permanent Historic Preservation Commission (approximately 18 Months) . To complete the Advisory Committee review and input portion of the Historic Preservation Program will require approximately two meetings per month for approximately 9 to 12 months. The time and date of the committee meetings will be subject to membership availability. Appointment Criteria Appointees with education, experience and or a special interest in historic preservation, archeology, history, architectural history, architecture, and/or historic architecture should be considered to sit on the Advisory Committee. We know that each member's time is valuable and we appreciate any and all consideration for participation in this exciting endeavor. Attachment: Historic Preservation Work Program- Approved by COlU1cil May 22, 2007 ATTACHMENT - ---,.-"-.. --..-- .----=----=---- -~- - Crn' OF CHULA VIsTA HISTORIC P :\rATION WORKPR06RAM PROPOSAL .~.._-,----~_.-~~- ---_.._...~---:-:-_.- , , ,,--~--,,---,---,-----=-=---'-~---~ ._- ---,.--- - HISTORIC PRESERVATION WORK PROGRAM I. Overview Since the adoption of the General Plan in December 2005, staff has worked toward the development of a comprehensive Historic Preservation Program (HPP) that would incorporate policies of the General Plan, meet the needs of the community, and qualify the City for Certified Local Government status (CLG). The recommended Work Program is designed as a multi-phased approach to the development of the HPP, allowing coordination between staff, city committees and commissions, and the community at large, towards the goal of completing and adopting the Historic Preservation Program. This project work program is intended to identify and group tasks into manageable parts, include the public and decision makers in the development of the HPP, and provide a collaborative process that will address potential issues prior to adoption of the Program. The proposed Work Program is comprised of three phases: 1) Preparation Phase, 2) Approval Phase and, 3) Implementation Phase. These three phases, when taken together, will result in the adoption of a comprehensive Historic Preservation Program that has the support of the community and decision makers, as well as qualifies the City as a Certified Local Government. II. Certified Local Government (CLG) Status The CLG program is a partnership among local governments, the State Historic Preservation Office, and the National Park Service (NPS) in which the HPP of a local jurisdiction is certified as eligible to receive technical assistance, grant monies and access to other important resources necessary to facilitate local preservation efforts. The benefits of CLG status help offset some of the costs associated with a Historic Preservation Program. To qualify for Certified Local Government status a jurisdiction must meet five requirements: 1.) Adopt a Historic Preservation Plan; 2.) Adopt a Historic Preservation Ordinance; 3.) Establish an adequate and qualified historic preservation review commission; 4.) Provide for public participation; 5.) Maintain a system for the survey and inventory of historic properties. III. The Proposed Historic Preservation Proqram The product of the proposed Work Program will result in a tangible document, comprised of at least 14 different parts. This document will be the City of Chula Vista (HPP). Each part or section is further comprised of suggested resource allocations, guidelines and procedures that address the following criteria: 2 1. Meet the requirements for Certified Local Government status; 2. Align with the policies of the General Plan 3. Are based upon the recommendations of the Ad Hoc Historic Preservation Committee and/or accepted practices and guidelines of the State Historic Preservation Office (SHPO). Although individually each section is important, the success of the HPP requires that all the sections build upon one another and function collectively. Since receiving Council direction in 2003, staff has spent a substantial amount of time and effort developing the content and structure of the HPP. In addition to substantial research, staff consulted with the State Historic Preservation Office (SHPO) for guidance and input on the development of the HPP and the proposed Work Program. Both the HPP and the Work Program are strongly supported by SHPO. IV. Work Proqram Approach To finalize and implement the HPP, staff recommends a three-phased Work Program. This approach, as shown below, outlines the necessary tasks for the preparation, approval and implementation of the HPP. -----_.---- --- -- - -------- --_..,--- _.------- Phase I Phase II Phase III Preparation Approval Implementation 1, Formation of Advisory Committee 2. Review and comment of HPP Content and Structure 3. Review and Comment on Draft HPO 4. Develop Survey Work Program 1. Presentation of the HPP 2, Council Workshop 3. Approval of HPP Framework a) Adoption of HPO b) Approvalof Survey Work Program and Budget 4. Request to Initiate Permanent HPC 1. Public Outreach 2. Establish Permanent HPC 3, Apply For CLG Status 4. Initiate Survey Work prog ram ------ .--.--.--.....---.--.--- -- A. Phase 1 - Preparation The first phase of the Work Program is the Preparation Phase. This stage would include the formation of an interim Advisory Committee tasked to review and comment on each section of the HPP, review and comment on the draft Historic Preservation Ordinance, and assist Staff in the development a survey work program for the City. Task 1. Formation of Historic Preservation Advisory Committee (Advisory Committee) One of the first steps Staff proposes is the coordination of staff, city committees and commissions, and the community. This important step helps ensure 3 valuable public input is reflected in the goals and objectives of the program. To accomplish this, staff proposes that an interim advisory committee be formed to participate in the completion of the Historic Preservation Program (HPP). Input from this advisory committee will be crucial to finalizing both the content and structure of the HPP. The efforts of the Committee will ensure that diverse public representation is included in the development of the HPP and that broad based interests are addressed throughout the Work Program It is recommended the Historic Preservation Advisory Committee (Advisory Committee) be comprised of one person from each of the appropriate committees and commissions (ORC. RCC, PC, TAVA, RAC, and the Heritage Museum Board). as well as 2 members at large with qualifications or special interest in historic preservation for a total of eight (8) members. In addition, it is also recommended that one staff member from Community Development and one staff member from the Library also attend committee meetings. Once each committee and commission has selected a representative and alternate, staff will return to COLlncil with the list of the proposed Advisory Committee members and the operational guidelines of the Advisory Committee for ratification before meetings commence. As mentioned, all meetings of the Advisory Committee would be open to the public and public participation would be strongly encouraged throughout all phases of the Work Program. Staff anticipates the sitting members of the Advisory Committee will provide status updates of progress to their respective Committees and Commissions on a monthly basis. The Advisory Committee would commence its efforts immediately upon approval of City Council and will serve in its capacity if and until a permanent commission is formed. The Advisory Committee would sunset upon formation of a Historic Preservation Commission. Phase 1 - Task 1: Staff Resources: Existing staffing and resources (0.5 FTE Associate Planner) Contract Costs: none Timeframe: Summer 2007 (completed in approximately 1 month) Task 2. Review and Comment on Proqram Framework (Content and Structure) Staff has already prepared a draft of the content and structure for the HPP. Each section of the draft HPP will be presented to the Advisory Committee, who will then address any issues or concerns in a collaborative setting and offer recommendations through consensus. 4 Finalization of the draft historic preservation ordinance and development of a survey work program would necessitate approximately 15 meetings of the Advisory Committee. Phase 1 - Task 2: Staff Resources: Existing staffing and resources (0,5 FTE Asso. Planner) and Contract Costs: 10 hours of consultant services for assistance in establishing the committee goals, objectives and tasks totaling approximately $1,000,00 Timeframe: The Advisory Committee will commence in August 2007. The content and structure development will require approximately 15 meetings or 8 months with the Committee concluding its efforts in Spring 2008. Task 3. Draft Historic Preservation Ordinance The Advisory Committee would be introduced to the concepts and component parts of the draft HPO and asked to provide staff direction on the more contentious areas of the ordinance. Ultimately, the role of the Advisory Committee would be to ensure that the draft HPO meets the needs of Chula Vista and it's residents, and that the draft HPO would meet the requirements for Certified Local Government status. It is anticipated that a consultant will be needed to assist with the development of the Historic Preservation Ordinance. Staff will return to Council for budget appropriation and approval of a contract for Task 3 to be completed. Phase 1 - Task 3: Staff Resources: Existing staffing and resources (0.5 FTE) Contract Costs: 25 hours of consultant services for assistance with regulatory processes and model elements of effective historic preservation ordinances totaling approximately $ 2.500,00 Timeframe: Spring 2008 completion (8 months) Task 4. Development of Historic Resources Survev Work Proqram Staff will work with the Advisory Committee to develop a historic resources survey work program proposal that meets the needs of Chula Vista, as well as qualifies the City for CLG status. The survey options consist of a comprehensive citywide survey approach, a phased priority area approach, and a case-by-case basis approach. The Historic Preservation Advisory Committee and public participation will be instrumental in determining which survey work program approach would be the most appropriate for Chula Vista. Funding of the survey work program would not be required until Phase 3 of the Work Program; however a professional in historic preservation may be consulted in the development of the survey work program, as well. Budget appropriation for this task would be brought forward with the contract for Task 3. 5 Phase 1 - Task 4: Staff Resources: Existing staffing and resources (0,5 FTE Asso. Planner) Contract Costs: 25 hours of consultant services for historic context development, property identification, and preparation of survey guidelines totaling approximately $ 2.500,00 Timeframe: Spring 2008 completion (6 months) Summary of Phase 1 Total Resource Needs and Timeframes It is anticipated that the total resource needs associated with Phase 1 will be primarily supported within the existing Planning and Building Budget with partial assistance needed for consultation with a professional in the field of historic preservation. A summary of Phase 1 resource needs, costs, and an estimated schedule is provided below: Needs Summary Phase 1: Staff Resources: Existing staffing and resources (0,5 FTE Assoc, Planner) Contract Costs: 60 hours of consultant selVices for assistance with the Advisory Committee, draft Historic Preservation Ordinance, and structure of a survey work program totaling approximately $ 6,000,00 Timeframe: Phase 1 would commence approximately 9 months and would conclude in the Spring of 2008. B. Phase 2 - Proqram Approval The second phase of the Work Program is the Approval Phase, and involves the coordination of Planning staff with other City departments, City committees and commissions at large, to ensure that each has an opportunity to comment on the Program prior to finalization. Staff will ensure that each department, committee and commission is properly informed and has ample and opportunity to comment on the Program prior to submission to Council. Phase 2 also includes a Council Workshop on the HPP, adoption of a Historic Preservation Ordinance, approval of a Survey Work Program, approval of the comprehensive program document, and a request to form a permanent Historic Preservation Commission. Task 1. Presentation of the Draft HPP to Citv Departments, Committees and Commissions Staff will present information to the appropriate departments, committees, and commissions, for comment and approval after the Advisory Committee has voted to accept the Program. Since each committee and commission would have a member representative on the Advisory Committee it is assumed that each would have some familiarity with the HPP. Once comments are received and 6 necessary reVIsions made with the Advisory Committee, Staff will conduct a Council workshop on the HPP. Phase 2 - Task 1: Staff Resources: Existing staffing and resources (0.5 FTE Asso. Planner) Contract Costs: none Timeframe: Summer 2008 completion (3 months) Task 2. Council Workshop Prior to proceeding to Council with a formal recommendation, staff would conduct a Council Workshop on the HPP. The Council workshop on the HPP will provide staff an opportunity to introduce the specifics of the HPP to Council prior to final adoption. Phase 2 - Task 2 Staff Resources: Existing staffing and resources (0.5 FTE) Contract Costs: none Timeframe: Summer 2008 completion (1 month) Task 3. Approval of the Historic Preservation Proqram (Content & Structure) Once finalized, Staff would bring the final draft HPP forward to Council for approval. The proposed HPP is not static as it is anticipated that sections will be updated and revised as needed to accommodate the future needs of the City. The content and structure of the proposed HPP will allow for future modifications and/or expansion of the HPP. Task 3 a. Adoption of a Historic Preservation Ordinance Staff proposes to submit to Council a draft historic preservation ordinance that will serve to carry out the goals and policies of the city's general plan and would qualify the City for Certified Local Government status. The proposed ordinance will include input from the Advisory Committee, other city departments, committees and commissions. Task 3 b. Approval of proposed Survey Work Program and Associated Budget Staff will present Council with a recommended survey approach, as well as potential survey options and alternatives, Staff will also provide a scope, estimated budget and milestone schedule for all options for 7 Council's consideration and approval. Work for this task would not commence until Phase 3 Task 4, as described below. Task 3 c, Adoption of the HPP Document Each of the sections of the HPP will be brought forward for Council approval. Phase 2 - Task 3: Staff Resources: Existing staffing and resources (0,5 FTE ASSQ, Planner) Contract Costs: Approval of minimum $60,000.00 for historic resources survey (contract for services would be brought fOlWard for approval at a Jater date) Timeframe: Fall 2008 completion (4 months) Task 4. Establishment of a Historic Preservation Commission (HPC) A qualified Historic Preservation Commission is required to obtain CLG status. Staff will formally request Council initiate the formation of a permanent Historic Preservation Commission. The Historic Preservation Commission, rather than the Resource Conservation Commission (RCC), would be the advisory body to the City Council on historic preservations matters with the roles and responsibilities of the HPC adopted by ordinance. The HPC would have authority on matters pertaining to historic preservation, such as the recognition, preservation, protection and use of historic resources. Staff will work with the Advisory Committee and the Resource Conservation Commission to find qualified members to sit on the Commission. CLG guidelines require the HPC have at least five (5) members, with interest, competence, or knowledge in historic preservation and at least two (2) of the members in the disciplines of history, architecture, planning, anthropology, or related disciplines. Staff will request Council appoint qualified applicants as members to the Commission for a term of at least four (4) years. The specific membership roles, duties, composition and procedural guidelines of the Commission would be specified through ordinance, and brought to Council as part of this task. The Advisory Committee will sunset with the establishment of the HPC. Phase 2 " Task 4: Staff Resources: Existing staffing and resources (0.5 FTE Asso. Planner) Contract Costs: none Timeframe: Fall 2008 completion (3 months) 8 Phase 2 Total Resource Needs and Timeframes It is anticipated that the total resource needs associated with Phase 2 will be supported within the existing Planning and Building Budget staff. A summary of Phase 2 resource needs, costs, and an estimated schedule is provided below: Needs Summary Phase 2: Staff Resources: Existing staffing and resources (0.5 FTE Asso. Planner) Contract Costs: As part of Phase 2, Staff will bring Council a budget request for consultant costs associated with the historic resources survey that will commence in Phase 3. Timeframe: Phase 2 would commence in the Spring of 2008 and conclude in the Fall of 2008 (7 months). Phase 3 - Implementation The third and last phase of the work program is the Implementation Phase. Once staff obtains Council approval, implementation of the Program may commence. This stage would include, commencement of the Historic Preservation Commission, submission of the Certified Local Government application and initiation of the survey work program. Task 1. Workshops The success of the HPP relies upon public input and support throughout each of the phases. In the spirit of consensus building and public outreach, it remains important to educate the public on the topic of historic preservation, provide opportunities for participation and to keep the public informed about events and activities. Staff would conduct approximately 3 initial public forum workshops (northwest, southwest, and eastern Chula Vista) to introduce the HPP to the community. These workshops would include the participation of members of the newly formed Historic Preservation Commission. Phase 3 - Task 1: Staff Resources: Existing staffing and resources (0,5 FTE Asso, Planner) Contract Costs: none Timeframe: Winter 2009 completion (3 months) ------ -------- Task 2. Historic Preservation Commission Meetinqs (on-qoinq) The Historic Preservation Commission (HPC) would meet bi-monthly. All meetings of the HPC would be open to the public. The HPC would require an annual budget comparable to that of Resource Conservation Commission for miscellaneous expenditures such as water, travel, and training of the 9 Commission. This budget does not include staff and administrative support services. Phase 3 - Task 2: Staff Resources: Existing staffing and resources (0,5 FTE) Contract Costs: approximately $2,000 per year for miscellaneous Commission expenditures. Timeframe: It is anticipated that the HPC would commence in the Winter 2008 (on-going) _________________________.._____n_________ ______.. _______ Task 3. ApplV for Certified Local Government Status The proposed Historic Preservation Program would qualify the City for Certified Local Government status. Upon approval of the HPP, the City would formally apply for CLG status. Becoming a CLG would provide the City with special technical assistance and training from the State Historic Preservation Office, as well qualify the City for certain grants and resources necessary to further develop the City's Program. Staff will work with the State Historic Preservation Office and the HPC to compile all necessary documents to apply to CLG status and will return to Council for approval of the CLG application packet. Phase 3 - Task 3: Staff Resources: Existing staffing and resources (0.5 FTE Asso. Planner) Contract Costs: none Timeframe: Winter 2008 (1 month) Task 4. Initiate Survev Work Proqram As a CLG, it is important properties that may be eligible for future recognition or designation by the City of Chula Vista be identified and inventoried.. This inventory will help the City evaluate the quantity and type of historical properties existing in the City, which would be an important tool for future land use and development decisions. Staff will initiate the preferred survey work program as directed by Council. Although it is anticipated that the survey work program would be directed and conducted by staff, local volunteers and the HPC, a professional in the field of historic preservation would be necessary at least on a limited basis. The expertise of a professional consultant would assist in evaluating results and establishing the survey's credibility. Staff would retLlrn to Council with survey options prior to commencement of any survey work. Ideally, a historic resources survey would be brought up to date every five years. Future, consultant needs are not included in the consultant costs associated with initiation of the survey work program. 10 Phase 3 - Task 4: Staff Resources: Existing staffing and resources (0.5 FTE Asso. Planner) Contract Costs: 600 hours of consultant services for research, consultation, historic property identification, and data evaluation totaling approximately $60.000.00 minimum to more than $150,000.00. Timeframe: Fall 2008 -------------------- --- ----- -- Phase 3 Total Resource Needs and Timeframes Phase 3 will initiate the implementation phase of the work program. Staff will commence public workshops and HPC meetings, as well as commence the City's survey work program. A summary of Phase 3 resource needs, costs, and an estimated schedule is provided below: Needs Summary Phase 3: Staff Resources: Existing staffing and resources (0,5 FTE) Contract Costs: 600 hours of consultant services for survey work totaling approximately $60,000.00 minimum Timeframe: Phase 3 would commence in the Winter 2008 and would continue through the Summer 2009. Total Resource Needs for FY 08 and 09 Thus far, development of the proposed Program has been supported within the existing Planning and Building Department budget (.5 FTE Assoc. Planner). Table 1 depicts the task milestones by phase and fiscal year. Table 2 depicts the resource needs by Phase. It should be noted the proposed HPP would be eligible for other sources of funding, such as CDBG disbursements and related grant monies, once the City is approved for CLG status. Currently there is one half-time Associate Planner assigned to Historic Preservation. The staff salary and benefits associated with this position exist in the Planning and Building Department Budget and no further staff allocations are anticipated at this time. In addition to the existing dedicated staff, the Work Program would require a commitment of approximately one hour per week for most other departments, with the approximate cumulative departmental staff hours (not including Planning staff) at 20 hours per month. The associated consultant costs, as shown below, are appurtenant to the Planning and Building budget, with all supplies and services for the work program absorbed by the Planning and Building BLldget. 11 . h.... ,.... ...... ,I; en ...... ...~' g...... .. . l:~...... . ~....~. ~...... _.... .~ ~...... .. ". .... i ...... ~ .. .. .... ~ ...... ~ ~: .... i ...... ~ -< ;:z:: ~ Q) '.... ~ ...... ~ ~ g " .... ~ ...... ~ ~ ~ . ..... * ...... * ~ ~ ". .... ~ ...... ~ :e ~ '. .... ~ ...... ~ .~ .... .... ...... IA.. ..' .... ...... ..... .... ...... 1IIIIt: .... ...... .... ...... .... ...... " 0.. 0 E lJ 0.. 0.. E :c :c '" 'E 1> - e 0 E ~ '1\3 0.. 0 i!: u .;; Q 0 i::' " ;;: 0 '" ~ ~ ';; c: ~ II> E (; ... <:: o _ "';:; ~ co - ~ . Q> [ . en 0> . III ~ .cD. II. . .....'ii .... '~. .... :E,( .... 1 <,1S, c'!.4 .....'I~ .... -it. .... i .... ..~ .... ~ .... I .... i .... i .... ~ .... ~ .... * .... ~ .... ~ .... .... .... .... .... .... .... '.. .. .u . c " ~ o _ U . .. 0 !:: ... I-'- o' - E :.;:. ::J ro . 1>> C . a:: -0> =E iii.!!! en"- IIIE .c- eI. Table 2 Summary of Budget Costs by Phase Work Program , Phase FY 08 ~\ldget Needs FY 09 BUdget Needs Total I 0 N/A 0 2 $3.000 (consultant) $3,000 (consultant) $6,000 2/3 $2,000 per year (HPC $2,000 (HPC) + $60,000 $64,000 operatinq Budoet) (minimum consultant costs) TOTAL $5,000 $65,000 $70,000 Conclusion Staff has worked diligently over the past few years to develop a Historic Preservation Program that would implement the goals and objectives of the City's General Plan and qualify the City for Certified Local Government status. The proposed Program is based upon policies of the General Plan, recommendations of an Ad Hoc Historic Preservation Committee, and State accepted guidelines and procedures for the protection of historical resources. Although to date a majority of the Program effort has been completed by staff, to finalize the Program, it is important to receive input and public comment on the specific proposal, most importantly to receive public input on the historic preservation ordinance and survey work program. The Historic Preservation work program, as proposed, would allow city committees and commissions and the community at large to have ownership in a program that will shape the community for years to come. J:\Planning\L.ynncttc\hisloric prescrvation\Program\Rlueprint for the Historic Preservation work program\Council Presentation\5-22-07 documents\EB - Work Prog Rewrite 5-3-2007.doc 13 PLANNING COMMISSION AGENDA STATEMENT Item: 3 Meeting Date: Ol'i/2712007 ITEM TITLE: PUBLIC HEARING: PCC 06-042/PCZ-07-02; Consideration of the following applications filed by St. Rose of Lima Catholic Parish for 3.9 acres located at the northeast comer of Third Avenue and H Street: a. PCZ-07-02-Zoning Modification Application to establish Precise Plan Modifying District (P) for the underlying Apartment Residential Zone (R-3); and adopt Precise Plan Standards for the subject property. b. PCC-06-042-Conditional Use Permit for the renovation and expansion of an existing church campus. This is a request by Saint Rose of Lima Catholic Parish to allow for a phased redevelopment of the existing church campus located at the northeast comer of Third Avenue and H Street. The request includes a rezone to allow the establishment of Precise Plan Modifying District and special development standards for the unique landmark quality urban setting of this project. The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has conducted an Initial Study IS-06-013 in accordance with the CEQA. Based upon the results of the Initial Study, the Environmental Review Coordinator determined that the project could result in significant effects on the environment. However, revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-06-013 and associated Mitigation Monitoring and Reporting Program. RECOMMENDATION: Adopt the attached Resolution to recommend that the City Council I) approve the Conditional Use Permit to allow proposed master plan for St. Rose of Lima Catholic Parish; 2) approve Zoning Modification to allow establishment of Precise Plan Modifying District to existing R3 zone, along with Precise Plan Development Standards. BOARDS/COMMISSIONS RECOMMENDATION: On November 6, 2006, the project received a preliminary reVIew by the Design Review Committee (DRC). On May 7, 2007, the project went back to DRC for formal review and approval. The Committee approved the project by (3-0- I -0) vote subject to certain conditions (see Attachment 10). Page 2, Item: Meeting Date: Of./?7f7007 On April 16, 2007, the Resource Conservation Committee (RCe) discussed the adequacy of the Mitigated Negative Declaration (MND) for St. Rose of Lima Catholic Parish. Following a brief presentation by the applicant and discussion by the RCC, two votes were taken. The first vote (4-0-0-0 with Reid, Masek and Davis recused) found that the Initial Study was adequate with regards to the MND. The second vote (4-0-0-0 with Reid, Masek and Davis recused) was a request that the future architecture for the new church/sanctuary incorporate the current existing architectural mission theme. This has been incorporated as a condition of approval outlined in the DRC's Notice of Decision (See Condition 10, Attachment 10) DISCUSSION: Background: On April 19, 2007, a neighborhood meeting was held to present the proposed project to the surrounding residents and solicit their input. Although a notice was mailed to residents within 500 feet of the project site regarding the neighborhood meeting, no residents attended. The site has been used as a church campus since the original church was constructed on the site in 1921, at the southeast comer of Third Avenue and Alvarado Street. In 1948, the main portion of existing school was added to the campus along Third Avenue. In 1950, the original church was relocated to the southwest comer of Third Avenue and H Street. The only Conditional Use Pennit on record (C-63-3) was approved by the City Council on August 19, 1963 for the construction of a new church/sanctuary and to add office space to the existing rectory. This new and relocated church/sanctuary facility currently exists along the southern portion of the site, along H Street. The four conditions of approval contained in the approving Planning Commission and City Council Resolutions were previously implemented and are included in this new Conditional Use Pennit recommendations. No hours of operation were delineated. (see Attachment 6). Analysis Project Site Characteristics: Projed Description a. Conditional Use Permit The project consists of a new school, parish hall, church/sanctuary and other site improvements including landscaping and a renovation of the parking lot area on the east side of the campus. Off-site shared parking at the Gateway Center parking structure directly west of the project side, across Third Avenue, is also proposed to meet the church parking requirements (refer to shared parking discussion on page 8 of this report). The Page 3, Item: Meeting Date: nrynj7nn7 project is proposed to be implemented in three construction phases, more specifically described below. Phase 1 This construction phase includes the demolition of ,a portion of the existing school (3,650 s.f.) and construction on a new 23,226 s.f two story school at northwest comer of campus. During this phase, the existing church, parish hall, rectory and pastoral center will remain, along with existing parking lot area containing 178 spaces. Since a total of 229 parking spaces are required overall, 51 parking spaces are proposed off-site at the recently constructed Gateway office complex to the west (see Attachment 7). A two party parking agreement for the off-site shared parking spaces is required for this phase. Phase 2 This phase includes demoliton of the remaining 13,422 s.f. the existing school and the construction of a new 14, 027 s.f. parish hall. The on-site parking capacity will be reduced rrom 178 to 165 to 165 spaces (for a loss of 13 spaces). The existing church, rectory and pastoral center will remain during this phase. The off-site, shared parking agreement would be modified to accommodate 64 parking spaces. Thus, a total of 229 total parking spaces will be provided as required for the first two phases and existing development on the site (See Attachment 7) Phase 3 Phase 3 will include demolition of existing 9,936 sq. ft. church/sanctuary (which has a seating capacity of 800) and construction of a new 14,027 s.f. church/sanctuary with 1,500 seat capacity. The new sanctuary will be relocated to the southwest comer of the subject property. During this phase, the project also proposes the demolition of the existing parish hall and adjacent rectory building. Parking lot and landscaping will be completely reconfigured. A total of 429 parking spaces are required at this build-out phase. A total of 169 parking spaces will be provided on-site. The off-site shared parking agreement would again be modified to provide a minimum of 260 off-site parking spaces. (see Sheets A.O and Ao.2a and b, Attachment 1 I). b. Operational Profile Operational Profile including number of employees and hours of operation are described in the following table: Page 4, Item: Meeting Date: O(,j?7j7007 OPERATIONAL PROFILE: Fxi~t;n~ Prop'"'''' (ph"<e T) SCHOOL Total Number of Students: 342 400 Pre-school 0 53 K -8th o-rade 342 342 Number of school employees (includinp" teachers) 34 36 Before School Student Drop- M-F 7:00 a.m. to 8:00 Same as existing Off Hours a.m. School Hours M-F 8:00 a.m. to 2:30 Same as existing p.m.; Saturday 8:00 a.m. to II :00 a.m. After School Student Pick-Up M-F 2:30 p.m. to 3:00 Same as existing Hours n.m. After School Care M-F 2:30 p.m. to 6:00 Same as existing n.m. OPERATIONAL PROFILE: CHURCH/SANCTUARY AND PARISH SOCIAL HALL rllllr"h/S"ndll"ry Total Number of Employees (includes clergy and lay) 28 same Hours of Operation: S~rvlrp.~' Saturday 5:00 Sp.rvirp.~' Saturdays 7:30a.m to p.m. and 6:30 p.m. 10:00 am; 5:00 p.m. to 7:30 p.m. Sundays 7:00 a.m. to Sundays 7:00 a.m. to 8:30 p.m. 6:00 p.m. Weekdays 6:15 a.m.; Weekdays 6:15 a.m; 8:00 a.m.; 8:00 a.m. plus 6:30 p.m. 5:00 p.m.-7:30 p.m. on Thursdays FlIner"k Monday-Friday FlInerHIs: Monday-Friday 9 a.m.; 11:00 a.m. 9 a.m. to noon Werlrlings: Saturdays 11 Other T itmgjes: Saturdays 10 a.m. a.m.; 1:00 p.m. and 3:00 to 4:00 p.m.; 7:0Op.m.-9:30 p.m. p.m Other group meetings Other group meetings/small during evemng hours liturgies during evenmg hours Mon-Fri. Mon-Fri Tot"! Nl1mhp.r of M",jor 8 same Wp.p.kp.nn Sp.TVlc-es Page 5, Item: Meeting Date: Ohf?7j?007 Porish So~iol Holl Monday-Friday 6:00 p.m. Monday-Friday 4:00 p.m. to Hours of operation to 9:30 p.m.; Sat/Sun 10:00 p.m.; Sat/Sun 7:00 a.m. to 9:00 a.m. to 9:00 p.m 11 :00 p.m. Upper floor used by Upper floor to be used by school school during normal during normal business hours school hours P~~tnr;:ll rp.nter Hours of Operation: Parish Office Mon-Fri 8:30 a.m. to Monday-Friday 8:00 a.m. to 9:00 6:00 p.m. p.m. Other Offices/ small chapel (accommodates approximately Monday-Friday 8:30 a.m. Mon-Fri 8:00 a.m. to 9:00 p.m.; 33 persons) to 6:00 p.m.; Sat/Sun Sat/Sun 9:00 a.m. to 6:00 p.m. 9:00 a.m. to 4:00 n.m. c. Zoning Modfication The applicant is requesting to modifY the zoning of the subject site to establish a Precise Plan ModifYing District (P) to be added to the zoning designation. Precise plan development standards are being proposed for the project due to the unique nature of the site and surrounding area. The precise plan guidelines include development standards related to building height/setbacks and shared parking provisions (see Attachment 9). Project Data REQTTTRFni A T.T ,OWED: PRFC'TSE PT .AN PROPOSED: Existing = 183 P~rldn1? Proposp.rI P3rkin~ Proposed P3rking Rpqnirpdl Allowpd: Phase 1= 178 spaces on-site Phase 1= 178 spaces on-site and 51 and 51 spaces off-site (total spaces off-site (total 229) Phase I = 229 229) Phase II= 165 spaces on-site and Phase I I = 229 Phase II= 165 spaces on-site 64 spaces off-site (total 229) Phase III = 429 and 64 spaces off-site (total Phase III= 169 spaces n-site and 229) 260 spaces off-site (total 429) Phase III= 168 spaces n-site and 261 spaces off-site (total 429) Page 6, Item: Meeting Date: OFof?7f?007 Seth3cks Required: Spth3..ks Propospl!' Spth3..ks Propospl!' Existing required(H Street)= 5 to H Street = 0 H Street = 0 25 ft. Existing required Third Ave)=5 Third Avenue = 0 Third Avenue = 0 ft Existing required (Alvarado) = 5 Alvarado S1.= 0 Alvarado S1.= 0 to 20 ft. Building Height Maximum Building Height Building Height Proposed: 54 ft. Existing Maximum: 45 feet Proposed: 54 ft. (building) (building) 90 feet (top of spire)** 90 feet (top of spire)** Interior Side Fence Maximum Interior Side Fence Height Interior Side Fence Height Hei"ht : 6 feet Maximum: 8 feet Maximum: 8 feet **Per Section 19.16.040 of Municipal Code, church tower is exempt rrom height regulations. Surrounding Land Uses: The following table summarizes the existing and surrounding land uses to the project site: Site General Plan Existing Zoning Current Land Use Orientation . Site Transit Focus Area R-3 Existin2: church camous North Transit Focus Area, UC1, R3, R3Pl4 Commercial/Single-Multi- Family Residential Residential Hi"h South Transit Focus Area UCl Commercial Office East Residential- R3/R3Pl4 Multi-Family Residential Medium-High; Residential-Hi"h West Transit Focus Area UCl Commercial Office Page 7, Item: Meeting Date: Ohf?7f?007 ANALYSIS Conditional Use Permit Church Campus LayoutlMaster Site Plan The applicant is proposing that the three new/replacement buildings be sited with a pedestrian orientation along the adjacent streets. This is consistent with the goal of the Urban Core Specific Plan which surrounds the project site on three sides. This will open up most of the eastern portion of the site for a centralized parking field rather then the segmented parking arrangement that currently exists. The proposed school will wrap around the northwest comer of the site with two wings, the larger area along Alvarado Street and the smaller along Third Avenue. The new parish hall building will be located along Third Avenue just south of, and connected by second floor pedestrian bridge to the new school to the north. The new church/sanctuary is proposed just south of the new parish hall, where it will flank the comer of Third Avenue and H Street. The only existing building which will remain is the pastoral center located on the northeast portion of the site. Because the pastoral center is oriented towards, and takes its access off of, Alvarado Street, it will not detract rrom the overall pedestrian orientation being proposed. The existing parking area to the west and east of the pastoral center will remain, which also will continue to provide the main ingress/egress for drop-off and pick-up of students. Said existing driveways will provide access to the main parking field directly to the south. Operational Profile/Hours of Operation There will be minimal changes to the existing operational profile and hours of operation. As discussed in the following section, the new school facility will accommodate two new preschool classrooms. This will necessitate two additional teachers, increasing the total number of school employees rrom 34 to 36. While the hours of operation will be increased slightly rrom existing, the primary reason for such increase in hours is to accommodate and provide flexibility to the actual hours of services. As noted in the table above, the total of number of weekend services will remain at a maximum of eight. Any increase in number of weekend services will require approval by the Zoning Administrator. Despite the doubling in size of the church/sanctuary facility, no changes are proposed in terms of number of church employees. Phased Development The applicant is proposing a master plan which in broken down into three separate construction phases. It is anticipated that Phase I will commence within six months of project approval. Phase III, which involves construction of the church/sanctuary is anticipated to commence five to seven years from the date of project approval. These development phases and the accompanying changes in on-site facilities are analyzed in more detail below: Page 8, Item: Meeting Date: Ohf?7/?007 Phase I: Parochial School A new two story parochial school will be constructed during Phase 1. The existing one story 17,072 s.f. school facility has existing on the project site since 1948 and currently consists of three separate detached buildings. The largest of the three buildings, approximately 10,000 s.f., is located off of Third Avenue, the second building, approximately 3,650 s.f. is located at the northwest comer of the site, and the third building, approximately 3,420 s.f. is located near the center of the site. Rather than doing a major upgrade to the existing school facility and in order to accommodate additional classroom space for a preschool, a new school building is proposed. The new school will be 23,226 square feet and two stories. Due to the proposed location of the new school, only the detached 3,650 s.f. structure at the northwest comer of the site will be demolished during Phase 1. The two story facility will require less building lot coverage on the site, which will provide land needed for additional playground areas. While the new school will continue to operate one classroom for each grade (K-12), it will also include two new preschool classrooms which can accommodate up to 56 students. As a result, the student enrollment numbers increase rrom 342 to 400 students, to accommodate the preschool. The school will continue its same operating hours and will increase total school employees by approximately two in order to accommodate the new preschool. Phase II: Parish Hall The site contains an existing one story parish hall building which is approximately 9,400 square feet in size. A new two story facility, approximately 14,000 square feet in size, will be constructed during this second phase. The remaining portion of the exiting school (approximately 13,400 s.f.) will be demolished in order to accommodate the new and relocated parish hall. The 8,00 square foot first floor of the new parish hall facility will accommodate a large (320 dinner seat) social hall with adjacent catering kitchen. The large social hall component can also be partitioned off to creates four separate meeting rooms. The 6,000 square foot second floor will be used as a multi-purpose room. A second floor bridge is proposed between the multi-purpose room and the second floor of the school to facilitate the rooms use by student activities during normal school hours. Phase ill: Church/Sanctuary The existing church/sanctuary facility is approximately 10,000 s.f. in size and contains 800 seats. A new church/sanctuary facility approximately 25,000 s.f in size and will contain 1,500 seats. The new facility is planned for the third and final phase of construction. It is anticipated that this final construction phase may not commence for between five and seven years. Rather than doing a major upgrade of the existing facility to accommodate the needs for a larger seating capacity, the new church is being proposed. In addition, the church/sanctuary will be relocated to the southwest comer of the site. The church is located in a prominent location in downtown Chula Page 9, Item: Meeting Date: Ohf?7f?007 Vista. Due to its location, the church anticipates the needs of a growing congregation size. This growth is anticipated due to the proposed increases in residential densities of the immediate surrounding areas as well as the increased population of the master planned communities to the east. The relocation of the church/sanctuary facility rrom its existing location will 1) help to facilitate a better on-site parking field arrangement, 2) better facilitate pedestrian access both from parishioners who choose to park off-site at the Gateway Center parking structure to the west as well as rrom surrounding residential areas. The main entrance to the new church/sanctuary facility will be rrom an interior gathering area at the northeast comer of the building. A secondary entrance to the church is being provided at the southwest comer ofthe building to facilitate pedestrian access. P~rklnp ~nil pp.r1f':~tri:m rirC:l1bt;nn Pursuant to Chapter 19.62 of the Chula Vista Municipal Code, parking demand is based upon the seating capacity of the sanctuary, at a rate of one parking space per 3.5 seats. Based upon a total of 1,500 seats proposed, a total of 429 parking spaces are required at the time the new church/sanctuary is constructed (phase III). The applicant is proposing to provide for a portion of the required parking on-site. The remaining parking will be provided off-site. The applicant is proposing to utilize the Gateway parking structure directly west of the proj ect site, to provide all required off-site parking. A parking study has been conducted to show that Gateway has the necessary parking spaces available (see Attachment 8). Parking agreements between donor and recipient and applicant and City are required prior to issuance of building permits. Provisions to allow shared parking are included in the applicants request for a Precise Plan in conjunction with the rezone proposed for this project (see Rezone/Precise Plan section on Page 12 ofthis report). On Site Parking: A total of 229 parking spaces are required to accommodate Phase I and II of the project and a total of 429 are required to accommodate Phase III. A total of 178 on-site parking spaces will be provided for Phase I and 165 on-site parking spaces will be provided for Phase II. Once the parking lot is completely reconfigured at Phase III, a total of 169 on-site parking spaces will be provided on-site (based upon the proposed reconfigured parking areas to be provided on the eastern half of the project site). The remaining required (260) parking spaces will be provided off-site. Off-site/Shared Parking A minimum of 51 off-site parking spaces for Phase I, 64 off-site phases for Phase II and a minimum of 260 off-site parking spaces for Phase III are required in order for the project to remain in compliance with the parking standards of the CVMC. These will be provided for at the Gateway parking structure, located west of the project site (across Third Avenue). The applicant Page 10, Item: Meeting Date: Ohf?7/?007 has prepared a parking analysis for the Gateway structure in conjunction with their traffic study (Attachment 8). The parking analysis indicates there is adequate parking available on weekends to accommodate the required 260 parking spaces.(Refer to section on Shared Parking under Precise Plan Guidelines) The following table illustrates the project compliance with the applicable parking requirements: PARKING REoUIREMENT BASED ON SEATING Sanctuarv nronosed Seatin" Total Seatin" 1500 Parkin" Ratio: 1 :3.5 Total Parkin" Renuired: 429 Parkin" Provided is nronosed as follows: On-Site 169 Off-Site (Gatewav Parkin!! Structure) 260 Total Parkin" Provided 429 In order to further minimize parking impacts to the Gateway Center a parking. management plan will be required, to insure that the church parking facilities are utilized first and Gateway Parking Structure is used as an overflow parking facility. Parking Agreement: Terms and Enforcement A two party agreement between the applicant and the City is required to ensure that the required off-site parking will be provided at all times. Failure to provide said off-site parking could require the church to temporarily reduce the seating capacity ofthe sanctuary to a point where the aggregate of on-site and off-site parking provides the number of spaces required by the CVMC, based upon amount of seating within the sanctuary facility. In an effort to prevent the above occurrence, the conditions of approval outline the process the applicant is to follow if the existing Donor Site (Gateway) should choose at some point in time to no longer provide parking for the church use. Specifically, the following process must be followed by the applicant in the event the existing Donor site being utilized for off-site parking will no longer be available. Failure to comply with these steps will result in the applicant being required to reduce operations to a level where adequate parking is provided by the CVMC: 1 A minimum of 90 days prior to termination of existing parking agreement, Gateway ("existing Donor") must notifY St. Rose of Lima Catholic Parish ("Recipient") of intent to terminate agreement. Page 11, Item: Meeting Date: ohf?7/?007 2 Within ~ cloys of notifi~3tion of t"rminotion, applicant shall inform City of existing Donor intent to terminate agreement. Applicant shall provide City with alternative 10cation(s) they will propose to utilize to provide required off-site parking. City will review proposed locations and determine if additional discretionary approvals or additional environmental review will be required. 3 Within ,0 cloy" of notifi~3tion of t"rminotion, applicant shall provide City with a Shared Parking Report demonstrating availability of excess parking on the new Donor site which is available for used during hours of church services. 4 Within fiO cloy" ofnotifkotion oft"rminotion, applicant shall provide City with 1) new shared parking agreement between new Donor and Recipient, and 2) Updated agreement between applicant and City for on-going provision for off-site parking. Pedestrian Access: Pedestrian access rrom the Gateway parking structure will be provided via sidewalk along the west side of Third Avenue with pedestrian crossing at the controlled intersection of 3'd and H Streets. The main entrance to the church will be provided via an interior courtyard/gathering area. However, a secondary entrance to the church will be provided at the southwest comer of the building (facing the comer of Third and H Streets) to help facilitate pedestrian ingress and egress. Required Findings for Conditional Use Permit: The existing church facility was established and has been operating since 1921 at this location. The school was established in 1948 and has also been operating since then. The renovation and expansion of the church campus is necessary to upgrade the facility to meet current and projected future parish demands. The renovation/expansion of the church and school campus will also result in a positive contribution, in terms of services and physical improvements to area residents, to the surrounding neighborhood and overall area. Thus, approval of this conditional use permit is necessary and highly desirable to continue providing religious and academic services to the neighborhood and the community in general. The facility renovation is extensive, but the expansion at build out is relatively minor except for the church/sanctuary facility. While the school capacity will only increase by approximately 12%, the seating capacity of the church will increase by 87%. Parking capacity will also be expanded to insure parishioners have adequate parking available. This will be accomplished by both on- and off-site parking. Over half of the required parking will be provided at the nearby Gateway parking structure, accessible via pedestrian travel. With this additional capacity, the church/school will be able satisfY the demand for school services and parish accommodations without impacting nearby residential and commercial areas. Thus, approval of this conditional use permit will result in a substantial improvement to this area and enhancement to the services Page 12, Item: Meeting Date: Ohf?7f?007 already provided by the applicant to area residents. All aspects of the proposed master plan CUP will comply with the regulations and conditions specified in the Chula Vista Municipal Code for such use. The use of shared parking to accommodate the once a week requirements generated on Sundays will be the subject of an agreement between the applicant and the City of Chula Vista. In addition, the project conditions of approval require the operation to be in continuing compliance with all applicable city codes and regulations. The project has been conditioned to either obtain a parking agreement (based upon an approved parking analysis) proving they have sufficient off-site parking to provide a total 429 required parking spaces, or to revise the sanctuary floor plan to reduce the seating capacity in order to meet parking requirements. Although the property is zoned R-3, Apartment Residential, the General Plan land use designation is Mixed Use Transit Focus Area, which could accommodate a mix of residential, office and retail land uses. Since churches are unclassified uses in the Zoning Ordinance and may be located in any zone, provided a conditional use permit is approved. Based on this, Conditional Use Permit complies with the General Plan, and the Zoning Ordinance. ZONING MODIFICATION/PRECISE PLAN Specific development request exemptions: Off-site shared parking Currently, Chapter 19.62 of CVMC contains no provisions for shared parking. This chapter requires that each use "stand alone" in tenus of providing the required parking for each use. The applicant is requesting that shared parking be allowed whereby required parking spaces for another use, can be "shared" with the need for parking by the church. A parking analysis was prepared for the Gateway Commercial Center. The results indicated that on weekends, at the time the church is in need of 261 off-site parking spaces, this amount of parking spaces is available for use by the church, without negatively impacting Gateways parking needs (see Attachment 5). Non-binding parking agreement Section 19.62.040 ofCVMC discusses alternatives to on-site parking. The applicant proposes to utilize the Gateway parking structure located just west of the project site and lies within the required 200 foot maximum distance by publicly available pedestrian access rrom the site. However, this section requires "...a binding agreement with the city as to the permanent reservation of said space and access thereto..." The applicant is requesting that a binding agreement with permanent reservation not be required. Page 13, Item: Meeting Date: Ohf?7j?007 Instead, the applicant is proposing a private parking agreement between themselves (to recipient) and the Gateway (the donor) which will include a required 90 day notification as to the donor dissolving the agreement. A separate 2-party agreement will be provided between the applicant and the City. Staff has placed conditions ofthe project which outline a process which must be followed in the event that off-site parking spaces at Gateway are no longer available. Development standards: Building Setbacks and Height Restrictions In addition to the above, the applicant is also requesting certain modifications be allowed to the required development standards. These modifications are proposed to be included in the overall precise plan guidelines being requested for this project. The applicant is requesting the building setbacks be reduced to zero on all three street of the property. Currently there are required setbacks for the site established by the Building Line setback map. These required setbacks range rrom 5 feet along Third Avenue to between 5 and 25 feet along H and Alvarado Streets. To develop the project in keeping with the surrounding existing Gateway office building across the street along with anticipated redevelopment to the north and south, the applicant is requesting a zero setback. Currently the maximum allowable building height is 45 feet. The applicant requests this maximum be increased to 54 feet as measured to the roofline of the proposed church/sanctuary structure. This is consistent with the recently adopted Urban Core Specific Plan (UCSP) which affects the adjacent properties to the north, south and west. Adoption of the UCSP has increased the maximum building height of the surrounding parcels rrom 45 feet to 84 feet. While the proposed spire for the church exceeds this 84 foot maximum height, it is allowed an exemption fi-om the height regulations per section 19.16.040 of the CVMC. The requested increase in fence height rrom six feet to eight feet along the eastern property line will facilitate an additional barrier between existing residential use to the east with non- residential use of the subject site. Increasing the height to eight feet will provide an additional noise buffer for adjacent residents rrom the central parking field/basketball court usage on-site. Required Findings for Precise Plan Section 19.56.041 of CVMC states that the P modifying district may be applied to areas of the city when one or more circumstances are evident. One of these circumstances states that..." the property or area to which the P modifYing district is applied is an area adjacent and contiguous to a zone allowing different land uses, and the development of a precise plan will allow the area so designated to coexist between land usages which might otherwise prove incompatible." The site is adjacent and contiguous to the newly adopted Urban Core Specific Plan (UCSP) on three sides (north, south and west). The UCSP promotes a development patterns which facilitates a compact urban environment which is pedestrian fiiendly. The project is being designed to continue the development patterns promoted by the UCSP. In order to achieve these goals, the Page 14, Item: Meeting Date: Ohf?7f?007 proposed project requests development standards similar to those in the UCSP including: 1) zero building setbacks 2) increased building height and 3) minimal on-site surface parking with remaining parking off-site. The proposed structures will utilize a zero building setback line with on-site parking to the east, behind the buildings which will :!Tont along the western portion of the site facing Third Avenue and H Street. The proposed building height of 54 ft. will be similar to that established by the Gateway structure (approximately 56 feet) to the west as well as by anticipated building heights up to 84 feet as allowed under the UCSP. Section 19.56.044 of the Municipal outlines the four required findings for the granting of a Precise Plan ModifYing District. In addition to the above discussion, additional project information is provided below which staff believes allows all said findings to be met: Establishing the Precise Plan ModifYing District and Precise Plan Standards to guide the redevelopment of the project site will provide the project designer with sufficient flexibility to create a more efficient site design, suitable for an urbanized area. The precise plan standards are intended to address specific site design constraints and opportunities and protect the residential neighborhood to the east. Thus, establishing the precise plan modifYing district will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity (see Attachment 9) The requested deviations under the Precise Plan are necessary in order to achieve a consistent urban-type development similar to the existing and proposed surrounding development to the west, north and south. The surrounding UCSP promotes development patterns which facilitate a compact urban environment which is pedestrian fuendly. The proposed precise plan development standards include: 1 )zero building setbacks rrom all adjacent street sides 2) increased building height 3) increased fence height to 8 feet along eastern property line and 4) minimal on-site surface parking with remaining parking off-site. The zero building setback line with on-site parking to the east will facilitate placing building rrontages along the western portion of the site facing Third Avenue and H Street. The proposed building height of 54 ft. will allow a building height similar to that established by the Gateway structure (approximately 56 feet) to the west as well as by anticipated building heights up to 84 feet as allowed under the UCSP. The Precise Plan ModifYing District and Precise Plan Standards will conform to both the General Plan as well as the newly adopted UCSP, whose boundaries surround the project site on three sides. The increased flexibility inherent in the Precise Plan Standards will guide the development or redevelopment of the project site and will provide the project designer with sufficient flexibility to create a more efficient site design, suitable for an urbanized area. This is consistent with the goals and policies of the newly adopted General Plan. Page 15, Item: Meeting Date: Ohf?7f?007 DECISION-MAKER CONFLICTS: Staff has reviewed the property holdings of the Planning Commissioners and has found no property holdings within 500 feet of the boundaries of the property that is subject to this action. CONCLUSION: For the reasons mentioned above, staff recommends that the Planning Commission adopt the attached Planning Commission Resolution approving PCC 06-025. A tto~hmp,nt< 1 Locator Map 2 Planning Commission Resolution 3 Draft City Council Ordinance 4 Draft City Council Resolution 5 Final Mitigated Negative Declaration 6 Prior Planning Commission and City Council Resolutions (1963) 7 Map of Construction Phases I and II with parking requirements for all four phases 8 Parking Analysis for Gateway Center 9 Proposed precise plan guidelines 10 Adopted Notice of Decision and Meeting Minutes from Design Review Committee 11 Project Plans 12 Ownership Disclosure Form J: planning\casefiles\06IPCC\publichearingIPCC 06-049 PC Report V4finaldraft ATTACHMENT 1 LOCATOR LOCATOR ATTACHMENT 2 PLANNING COMMISSION RESOLUTION ATTACHMENT 3 DRAFT CITY COUNCIL ORDINANCE DRAFT ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATNE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM IS-06-013, AMENDING ZONING MAP OR MAPS ESTABLISHED BY (HULA VISTA MUNICIPAL CODE SECTION 19.18.010 TO ESTABLISH THE PRECISE PLAN MODIFYING DISTRICT AND ADOPT PRECISE PLAN STANDARDS FOR 3.9 ACRES AT THE NORTHEAST CORNER OF THIRD AVENUE AND "H" STREET, CURRENLY ZONED R-3, APARTMENT RESIDENTIAL 1. RECITALS A. Proj ect Site WHEREAS, the area of land which is the subject matter of this Ordinance is diagrammatically represented in Exhibit "A" and hereto incorporated herein by this reference, and commonly known as St. Rose of Lima Catholic Parish, and for the purposes of general description consists of approximately 3.9 acres at the northeast comer of Third A venue and "H" Street. ("Project Site"); and, B. Project; Application for Discretionary Approval WHEREAS, a duly verified application was filed with the City of Chula Vista Planning and Building Department on September 21, 2006, 2006 by St Rose of Lima Catholic Parish (Applicant), requesting approval of a zoning modification application to establish the Precise Plan Modifying District and adopt Precise Plan Standards for 3.9 acres know as St. Rose of Lima project. It is currently zoned R-3, Apartment Residential; and, C. Prior Approvals WHEREAS, the Design Review Committee held an advertised public hearing on May 7, 2007, at 4:30 p.m. in the City Council Chambers at 276 Fourth Avenue and, after hearing staff presentation and public testimony, voted 3-0-1-0 to approve DRC 06-50 contingent upon approval of this Ordinance and the Ordinance entering into effect; and D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on June 27, 2007, and after hearing staff presentation and public testimony, voted xxxx to recommend that the City Council approve the Project, in accordance with the findings listed below; and, WHEREAS, the Planning Department set the time and place for 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 boundaries ofthe Project, at least ten (10) days prior to the hearing; and, Ordinance Page 2 WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project held on June 27, 2007, and the minutes and Resolution resulting there rrom, are incorporated into the record of these proceedings; and E. City Council Record on Application WHEREAS, the City Clerk set the time and place for the hearing on the Project applications and notices of the hearing, 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 feet of the exterior boundaries of the Project Site at least ten (10) days prior to the hearing; and WHEREAS, the City Council held an advertised public hearing on the Project on XXXXXXXXX, at 6:00 p.m. in the City Council Chambers at 276 Fourth Avenue; and WHEREAS, after hearing staffs presentation and public testimony, and receiving the recommendation of the Planning Commission, the City Council voted _-_-_ to adopt the Mitigated Negative Declaration, (IS-06-013) and approve the Project, in accordance with the findings listed below; and F. Discretionary Approvals Resolution Ordinance WHEREAS, at the same City Council hearing, at which the Ordinance was introduced, for first reading ( , 2007), the City Council of the City of Chula Vista approved Resolution number _by which it approved a Conditional Use Permit for the Project Site. NOW THEREFORE, the City Council of the City of Chula Vista does hereby finds, determines and ordains as follows: A. Certification of Compliance with California Environmental Quality Act (CEQA) The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-06-013 in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that the project could result in significant impacts 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-06-013 and associated Mitigation Monitoring and Reporting Program. B. Independent Judgment of the City Council WHEREAS, the City Council considered Mitigated Negative Declaration IS-06-013 together with any comments received during the public review process; and WHEREAS, the City Council further finds that on the basis of the whole record before it,(including the initial study and any comments received) the project could result in significant effects on the environment. However, revisions to the project made by or agreed to by the Ordinance Page 3 applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; and WHEREAS, the Mitigated Negative Declaration and other related materials are located in the Planning and Building Department and maintained by the custodian of said documents who is the Director of Planning and Building. This constitutes the record of proceedings upon which this adoption of the Mitigated Negative Declaration is based, and WHEREAS, the City Council has exercised their independent review and judgment and concurs with the Planning Commission, and Environmental Review Coordinator's determination that Mitigated Negative Declaration (IS-06-013), in the form presented, 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 adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-06-013). C. The zoning modification of the Project Site is consistent with the City of Chula Vista General Plan, as approved on December 13, 2005, and public necessity, convenience, the general welfare and good zoning practice support the amendment to the Municipal Code. D. The City Of Chula Vista Zoning Map established by Section 19.18.010 of the Chula Vista Municipal Code is amended to modify the zoning of the Project Site as depicted in Exhibit "A" rrom the R-3 (Apartment Residential) Zone to the R-3-P, Apartment Residential Zone with Precise Plan ModifYing District, including Property Development Standards as represented in Exhibit B. FINDINGS FOR APPROVAL OF REZONE AND PRECISE PLAN, INCLUDING PRECISE PLAN STANDARDS. pursuant to Section 19.56.041 ofthe Chula Vista Municipal Code, the City Council of the City of Chula Vista finds that the following circumstances are evident, which allows the application of the "P" Precise Plan ModifYing on the Project Site: 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. Establishing the Precise Plan Modifying District and Precise Plan Standards to guide the redevelopment of the project site will provide the project designer with sufficient flexibility to create a more efficient site design, suitable for an urbanized area. The precise plan standards are intended to address specific site design constraints and opportunities and protect the residential neighborhood to the east. Thus, establishing the precise plan modifying district will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity. 2. That such plan satisfies the following principles for amendment of the "P" modifYing district as set forth in CVMC 19.56.041: The property or areas to which the P modifYing district is applied is an area adjacent and contiguous to a zone allowing different land uses, and the Ordinance Page 4 development of a precise plan will allow the area so designated to coexist between land usages which might otherwise prove incompatible. The site is adjacent and contiguous to the newly adopted Urban Core Specific Plan (UCSP) on three sides (north, south and west). The UCSP promotes a development pattern, which facilitate a compact urban environment, which is pedestrian friendly. These development standards include: 1) zero building setbacks from all adjacent street sides, 2) increased building height, 3) increased fence height to 8 feet along eastern property line, and 4) minimal on-site surface parking with remaining parking off-site. The zero building setback line with on-site parking to the east, behind the buildings, which will rront along the western portion of the site facing Third Avenue and H Street. The proposed building height of 54 feet will be similar to that established by the Gateway structure (approximately 56 feet) to the west as well as by anticipated building heights up to 84 feet as allowed under the UCSP. 3. That any exceptions granted which may deviate rrom 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 R-3 zone would limit the ability of the applicant to propose a design which: The requested deviations under the Precise Plan are necessary in order to achieve a consistent urban-type development similar to the existing and proposed surrounding development to the west, north and south. The surrounding Urban Core Specific Plan promotes a development pattern, which facilitate a compact urban environment, which is pedestrian friendly. The proposed precise plan development standards include: 1) zero building setbacks rrom all adjacent street sides, 2) increased building height, 3) increased fence height to 8 feet along eastern property line, and 4) minimal on-site surface parking with remaining parking off-site. The zero building setback line with on-site parking to the east will facilitate placing building frontage along the western portion of the site facing Third Avenue and H Street. The proposed building height of 54 feet will allow a building height similar to that established by the Gateway structure (approximately 56 feet) to the west as well as by anticipated building heights up to 84 feet as allowed under the UCSP. 4. That the approval of this plan will conform to the General Plan and the adopted policies ofthe City OfChula Vista. The Precise Plan Modifying District and Precise Plan Standards will conform to both the General Plan as well as the newly adopted Urban Core Specific Plan, whose boundaries surround the project site on three sides. The increased flexibility inherent in the Precise Plan Standards will guide the development or redevelopment of the project site will provide the project designer with sufficient flexibility to create a more efficient site design, suitable for an urbanized area. This is consistent with the goals and policies of the newly adopted General Plan. Ordinance Page 5 F. The Precise Plan and Precise Standards as depicted in Exhibits B are adopted and are supported by the required findings (CVMC Section 19.56.041, as outlined above. II. APPROVAL OF ZONE MODIFICATION The City Council of the City of Chula Vista does hereby approve the rezone to establish the Precise Plan Modifying District and adopting Precise Plan Standards for the Project Site 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 form by James D. Sandoval Planning and Building Director Ann Moore City Attorney Exhibits: Exhibit A: Zone Modification Map Exhibit B: Precise Plan Standards Ordinance Page 6 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this , by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: Cheryl Cox, Mayor ATTEST: Susan Bigelow, MMC, City Clerk 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 and its second reading and adoption at a regular meeting of said City Council held on the _ day of ,2007. Executed this _ day of ,2007. Susan Bigelow, MMC, City Clerk - -----------. --- EXHIBIT A -",---_._------ -------_.~-~~-_. Exhibit B-Precise Plan Guidelines PCZ-07-02 Minimum Building Setbacks: Third Avenue: o feet Alvarado Street: o feet H Street: o feet Building Height: 54 feet (top ofroof) 90 feet (top of spire) Fence Height: 8 feet height (along interior/eastern) property line Parking: 261 of required parking spaces allowed off- site. Shared parking will be allowed III conjunction the following: 1) parking study showing excess parking available from DONOR during time of applicants need for such spaces 2) copy of agreement between DONOR and RECIPIENT. Off-site Pedestrian Access: Modification of Section 19.62.040 of CVMC to require only a two party agreement between applicant and City required ensunng that off-site parking spaces will be provided. EXHIBITB 0 i ATTACHMENT 4 DRAFT CITY COUNCIL RESOLUTION RESOLUTION NO. XXXXXX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AND APPROVING CONDITIONAL USE PERMIT PCC-06-042 TO ALLOW THE RENOVATION AND EXPANSION OF AN EXISTING CHURCH/SCHOOL FACILITY KNOWN AS ST. ROSE OF LIMA CATHOLIC PARISH LOCATED AT THE NORTHEAST CORNER OF THIRD A VENUE AND "H" STREET. 1. RECITALS A Project Site WHEREAS, the areas of land, which are the subject matter of this Resolution, are diagrammatically represented in Exhibit "A" and hereto incorporated herein by this reference, and commonly known as St. Rose of Lima Catholic Parish, and for the purposes of general description consists of approximately 3.9 acres at the northeast comer of Third Avenue and "H" Street. ("Project Site"); and, B. Project; Application for Discretionary Approvals WHEREAS, a duly verified application was filed with the City of Chula Vista Planning and Building Department on January 13, 2006 by St Rose of Lima Catholic Parish (Applicant), requesting approval of a Conditional Use Permit to renovate and expand the existing church/ school facility in three construction phases ("Project"); and, C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of various entitlements, including Precise Plan guidelines adopted City Council Ordinance Number on ; and D. Planning Commission Record of Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on June 27, 2007, and after hearing staff presentation and public testimony, voted xxxx to recommend that the City Council approve the Project, in accordance with the findings and subject to the conditions listed below; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project held on June 27, 2007, and the minutes and Resolution resulting there rrom, are incorporated into the record ofthese proceedings; and Resolution xxxxx Page 2 E. City Council Record of Application 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 feet of the exterior boundaries ofthe Project sites at least 10 days prior to the hearing. F. City Council Hearing WHEREAS, a duly called and noticed public hearing on the Conditional Use Permit was held before the City Council of the City of Chula Vista on July, 10 2007 on this Project and to receive recommendation rrom the Planning Commission and Resource Conservation Commission, and to hear public testimony with regard to same; and, WHEREAS, the meeting was held at the time and place as advertised, namely 6:00 p.m. July 10, 2007, in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW THEREFORE BE IT RESOLVED that the City Council hereby find, determine and resolve as follows: II. COMPLIANCE WITH CEQA The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-06-013 in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that the project could result in significant impacts 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 D~c1aration, IS-06-013 and associated Mitigation Monitoring and Reporting Program. III. INDEPENDENT JUDGEMENT OF THE CITY COUNCIL WHEREAS, the City Council found that Mitigated Negative Declaration IS-06-013 has been prepared in accordance with the requirements ofthe California Environmental Quality Act, and Environmental Review Procedures ofthe City ofChula Vista; and, WHEREAS, the City Council considered Mitigated Negative Declaration IS-06-013 together with any comments received during the public review process; and Resolution xxxxx Page 3 WHEREAS, the City Council further finds that on the basis of the whole record before it, (including the initial study and any comments received) 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; and WHEREAS, the Mitigated Negative Declaration and other related materials are located in the Planning and Building Department and maintained by the custodian of said documents who is the Director of Planning and Building. This constitutes the record of proceedings upon which this adoption ofthe Mitigated Negative Declaration is based. and WHEREAS, the City Council found that the Mitigated Negative Declaration reflected the independent judgment of the City Council of the City of Chula Vista and adopted the MND prepared for this Project. IV. CONDITIONAL USE PERMIT FINDINGS/ APPROVAL A. THAT THE PROPOSED USE AT THIS LOCATION IS NECESSARY OR DESIRABLE TO PROVIDE A SERVICE OR FACILITY WHICH WILL CONTRIBUTE TO THE GENERAL WELL BEING OF THE NEIGHBORHOOD OR COMMUNITY. The existing church facility was established and has been operating since 1921 at this location. The school was established in 1948 and has also been operating since then. The renovation and expansion of the church campus is necessary to upgrade the facility to meet current parish demands. The renovation/expansion of the church and school campus will also result in a positive contribution, in terms of services and physical improvements to area residents, to the surrounding neighborhood and overall City's urban core area. Thus, approval of this conditional use permit is necessary and highly desirable to continue providing religious and academic services to the neighborhood and the community in general. B. 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 IMPROVMENTS IN THE VICINITY. As indicated above, the church and school have been operating and serving the community at this location since 1921 and 1948, respectively. The facility renovation is extensive, but the expansion at build out is relatively minor except for the church/sanctuary facility. While the school capacity will only increase by approximately 12%, the seating capacity of the church will increase by 87%. Parking capacity will also be expanded to insure parishioners have adequate parking available. This will be accomplished by both on- and off-site parking. Over half of the required parking will be provided at the nearby Gateway parking Resolution xxxxx Page 4 structure, accessible via pedestrian travel.. With this additional capacity, the church/school will be able satisfy the demand for school services and parish accommodations without impacting nearby residential and commercial areas. Thus, approval of this conditional use permit will result in a substantial improvement to this area and enhancement to the services already provided by the applicant to area residents. C. THAT THE PROPOSED USE WILL COMPLY WITH THE REGULATIONS AND CONDITIONS SPECIFIED IN THE CODE FOR SUCH USE. All aspects of the proposed master plan CUP will comply with the regulations and conditions specified in the Chula Vista Municipal Code for such use. The use of shared parking to accommodate the once a week requirements generated on Sundays will be the subject of an agreement between the applicant and the City of Chula Vista. In addition, the project conditions of approval require the operation to be in continuing compliance with all applicable city codes and regulations. The project has been conditioned to obtain a parking agreement (based upon an approved parking analysis) proving they have sufficient off-site parking to provide a total 429 required parking spaces, or revise the sanctuary floor plan to reduce the seating capacity in order to meet parking requirements. D. THAT THE GRANTING OF THIS CONDITIONAL USE PERMIT WILL NOT ADVERSELY AFFECT THE GENERAL PLAN OF THE ICTY OR THE ADOPTED PLAN OF ANY GOVERNING AGENCY. Although the property is zoned R-3, Apartment Residential, the General Plan land use designation is Mixed Use Transit Focus Area, which could accommodate a mix of residential, office and retailland uses. However, churches are unclassified uses in the Zoning Ordinance and may be located in any zone, provided a conditional use permit is approved. Based on this, Conditional Use Permit complies with the General Plan, and the Zoning Ordinance. V. CONDITIONS OF APPROVAL PLANNING & BUILDING DEPARTMENT A. The following conditions shall be incorporated into the plan by the applicant prior to issuance of building permits for this project, unless otherwise specified: 1. Prior to, or in conjunction with the issuance of the first building permit, pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ-1299. 2. A parking management plan must be submitted to the Director of Planning and Building, for review and approval. The management plan shall describe how parking will be managed before and after services including the order in which Resolution xxxxx Page 5 the various parking locations will be utilized with off-site parking areas being the last area to be parked. The plan shall describe parking management at each of the proposed three phases of construction. 3. Applicant shall prepare and submit a revised site plan reflecting the required 9'6" dedication along the entire H Street rrontage. Said plan shall shift the proposed to-foot landscape strip shown between the two driveways along H Street behind the ultimate right-of-way line, shifting the parking spaces accordingly. Parking table shown on site plan shall be changed accordingly to reflect new distribution between on and off-site parking. 4. Prior to issuance of first building permit for Phase I, applicant shall provide the City with the following: 1) an executed copy of private parking agreement between Gateway ("existing Donor") facility and St. Rose of Lima Catholic Parish ("Recipient") 2) an executed two party agreement between City and applicant whereby applicant agrees to provide for a minimum of 51 off-site parking spaces. Said agreement shall be reviewed and approved by Planning, Engineering and City Attorney. 5. Prior to issuance of building permits for Phase III, applicant shall provide the City with the following: 1) copy of current executed contract between parking donor and applicant for a minimum of 257 required off-site parking spaces, 2) new Shared Parking Study to verify parking still available and 3) updated two party agreement between City and applicant to provide all required parking. 6. Prior to issuance of building permits for Phase III, a final landscape and irrigation plan prepared by a landscape architect shall be prepared and submitted for review and approval by the City. Said plan shall reflect the changes of the revised site plan noted in Condition 4 above. 7. The applicant shall implement to the satisfaction of the City Environmental Review Coordinator and the City Engineer the mitigation measures identified in the St. Rose of Lima Catholic School and Church Complex Mitigated Negative Declaration (IS-06-013) and associated Mitigation Monitoring and Reporting Program. ENGINEERING CONDITIONS 8. Prior to Phase III or any development along H Street property frontage, whichever comes first, applicant shall obtain a construction permit rrom the Engineering Department in order to widen H Street by 7' 6" with a transition to existing curb line between the two proposed driveways. New sidewalk along H Street shall be 8 feet wide and transition to existing sidewalk as approved by the City Engineer. Resolution xxxxx Page 6 Relocation of any existing utilities such as storm drains or traffic signals as a result ofthe street widening shall be the responsibility of the applicant. 9. Dedicate 9'6'" of right-of-way along the entire "H" Street project rrontage prior to performing street widening described in Condition 8 above. The applicant shall dedicate right-of-way as needed along any rronting street for installation of new driveways and/or pedestrian ramps to meet current ADA requirements. 10. An improvement plan prepared by a Registered Civil Engineer showing the street widening on "H" Street shall be submitted to the City and said improvements shall be guaranteed by bonding before approval of any Phase III Building Permits. Any additional improvements required as a result of the widening (storm drain inlet relocation, traffic signal relocation, pedestrian ramp relocation, etc.) shall be included on the improvement plans. FIRE DEPARTMENT CONDITIONS: 11. Building permits shall comply with 2001 Ca. Fire Code (or adopted code at time of permit application), and applicable Chula Vista Fire Department regulations. 12. Prior to issuance of building permits for Phase I, an on-site fire hydrant shall be provided on the Alvarado Street side of the proposed rolling gate for the middle parking lot area. Said hydrant must be within 50 feet of the Fire Department Connections. 13. Prior to issuance of building permits for Phase III, applicant shall: a) relocate the proposed Fire Department Connection and Post Indicator Valve to the median or other accessible location within the proposed parking lot, and b) provide an on- site fire hydrant on the "H" Street side of the proposed rolling gates in the middle of the parking lot area. 14. Buildings shall be protected by an approved fire sprinkler and alarm system, to the satisfaction of the Fire Department. 15. The applicant shall comply with all other requirements of the Fire Department including obtaining an operational permit for public assembly. 16. The applicant shall implement to the satisfaction of the City Environmental Review Coordinator and the City Engineering Department the mitigation measures identified in the St. Rose of Lima Mitigated Negative Declaration (IS- 06-013) and associated Mitigation Monitoring and Reporting Program. Resolution xxxxx Page 7 17. The applicant shall operate the church campus in compliance with the Performance Standards, CVMC Chapters 19.66 and Performance Standards and Noise Control, Chapter 19.68. B. Upon certification by the Director of Planning and Building for occupancy or establishment of use allowed by this Conditional Use Permit, the following conditions shall apply: 1 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. 2 The project shall remain in compliance with all applicable conditions of approval ofDRC-06-50. 3 The hours of operation for the project shall be as follows: a. Before School student drop-off hours shall be Monday through Friday 7:00 a.m. to 8:00 a.m. b. Parochial School Hours shall be Monday though Friday 8:00 a.m. to 2:30 p.m.; Saturday 8:00 a.m. to 11 :00 a.m. c. After School student pick-up hours shall be Monday through Friday 2:30 to 3:00 p.m. d. After School Care shall be Monday through Friday 2:30 p.m. to 6:00 p.m. e. The church/sanctuary service hours shall be Saturdays 7:30 a.m. to 10:00 a.m.; 5:00 p.m. to 7:30 p.m.; Sundays 7:00 a.m. to 8:30 p.m. Weekday services are 6:15 and 8:00 a.m.; 5:00 p.m. to 7:30 p.m.. f. Funeral services in the church/sanctuary shall be Monday through Friday 9:00 a.m. to noon. g. Other liturgies in the church/sanctuary shall be on Saturdays 10 a.m. to 4:00 p.m. and 7:00 p.m. to 9:30 p.m.. h. Other group meetings shall be held in the church/sanctuary Monday through Friday during evening hours.. 1. Parish Social Hall hours shall be Monday through Friday 4:00 p.m. to 10:00 p.m.; Saturday/Sundays 7:00 a.m. to 11:00 p.m. with the exception of the upper floor which will be utilized during normal school hours. J. Pastoral Center Hours of operation Monday through Friday 8:00 a.m. to 9:00 p.m. and Saturday/Sunday rrom 9:00 a.m. to 6:00 p.m. 4 In the event the existing Donor Site (Gateway) being utilized for off-site parking will no longer be available, the following process must be complied with by the applicant to ensure all required off-site parking is provided (or cease operations to level where parking is provided): Resolution xxxxx Page 8 a. A minimum of 90 days prior to termination of existing parking agreement, Gateway ("existing Donor") must notifY St. Rose of Lima Catholic Parish ("Recipient") of intent to terminate agreement. b. Within 5 days of notification of termination. applicant shall inform City of existing Donor intent to terminate agreement. Applicant shall provide City with alternative location(s) they will propose to utilize to provide required off-site parking. City will review proposed locations and determine if additional discretionary approvals or additional environmental review will be required. c. Within 30 davs of notification of termination. applicant shall provide City with a Shared Parking Report demonstrating availability of excess parking on the new Donor site, which is available for used during hours of church services. d. Within 60 davs of notification of termination. applicant shall provide City with 1) new shared parking agreement between new Donor and Recipient, and 2) Updated agreement between applicant and City for on-going provision for off-site parking. 5 Applicant shall ensure operation remains in compliance with the parameters ofthe use outlined in the application, the CVMC, and this Resolution, including the following: a. Maximum sanctuary seating shall not exceed 1,500 persons. Expansion of capacity shall require approval of the Planning Commission. b. School capacity (preschool-l2'h) shall not exceed a maximum of 400 students. Expansion of capacity shall require approval of the Planning Commission. c. All community service uses to be held on site shall take place entirely within the building and shall be coordinated by the church. Periodic meetings for civic groups shall not require individual review, however meeting sizes shall not exceed the stated sanctuary or room capacity. 6 This 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 Resolution xxxxx Page 9 deprive Permittee of a substantial revenue source which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. 7 This 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. 8 The Applicant/owner shall and does hereby agree to indemnifY, protect, defend and hold harmless City, its City Council members, officers, employees and representatives, rrom 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, rrom (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 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. VI. Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, review, set aside, void or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with this project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. VII. EXCECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy of this recorded document shall be returned within ten days of recordation to the Planning and Building Department secretary. Resolution xxxxx Page 10 Failure to return said document to the Planning and Building Department secretary shall indicate the Property owners/Applicant's desire that the proj ect, 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's Office and known as document No. ~ Signature ofSt. Rose ofLima/293 H St. Date Signature of Owner's Representative Date VIII. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Failure to satisfy the conditions of this Conditional Use Permit may also result in the imposition of civil or criminal penalties. IX. !NY ALIDITY; AUTOMATIC REVOCATION It is the intention of the Planning Commission that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provision, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the Conditional Use Permit shall be deemed to be automatically revoked and of no further force and effect. Presented by Approved as to form by Jim Sandoval Director of Planning and Building Ann Moore City Attorney Resolution xxxxx Page 11 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this xxxxx day of xxx xxx xx, by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: Cheryl Cox, Mayor ATTEST: Susan Bigelow, City Clerk 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 Resolution No. was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the xxxxx day of xxx xxx. Executed this _ day of 2007. Susan Bigelow, City Clerk EXHIBIT A ATTACHMENT 5 FINAL MITIGATED NEGATIVE DECLARATION Mitigated Negative Declaration PROJECT NAME: St. Rose of Lima Catholic Schoo] and Church Complex PROJECT LOCATION: 293 H Street ASSESSOR'S PARCEL NO.: 568-5]2-37/39/48 PROJECT APPLICANT: St. Rose of Lima Parish of the Catholic Diocese of San Diego CASE NO.: IS-06-0 13 DATE OF DRAFT DOCUMENT: March 28. 2007 DATE OF RESOURCE CONSERV ATlON COMMISSION MEETING: Apri116. 2007 DATE OF FINAL DOCUMENT: Mav L 2007 Prepared by: Maria C. Muett. Associate Planner Revisions made to this document subsequent to the issuance of the notice of availability of the draft Mitigated Negative Declaration are denoted by underline. A. Proiect Setting The project site consists of a fully developed 3.9-acre project area located on the northeast comer of H Street and Third Avenue; 293 H Street (see Exhibit' A '). The present development consists of the St. Rose of Lima Catholic Church and Parochial School. The site is developed with on-site parking and landscaped areas. The project site is presently served by four driveways, two on H Street and two off of Alvarado Avenue (See Exhibit 'B'). Frontage roadway improvements are completed along Alvarado Avenue. Land uses surrounding the project site consist of the following: North: Vacant land, Fast Food Restaurant, and Multifamily Residential South: Medical and Professional Offices East: Multifamily and Single-Family residential West: Conunercial Retail and Commercial Office B. Pro; ect Description The project consists of the phased renovation and expansion to the existing St. Rose of Lima Catholic Church and School. The site is fully graded and developed with a school (kindergarten to 8th grades/342 students), a church sanctuary acconunodating 800 seats, a one-story parochial parish hall, rectory and a pastoral center and paved parking area to accommodate 186 spaces. The buildings were constructed between 1948 and 1955 and the church completed by 1965. The existing St. Rose private schoo] will be remodeled and a portion of the school building will be demolished and replaced with two story school buildings to acconunodate an ultimate enrollment of 400 students, in addition to faculty and staff personnel. The square footage for the existing seven buildings is approximately 51,923 square feet and proposed development buildout is 69,115 square feet; an increase of 17,192 square feet. Outside areas include existing sports fields and courts. Proposed improvements to these areas include a small soccer field and parking lot/basketball court. 1 In addition to the four existing driveways, a new-gated pedestrian walkway access is proposed off of TIrird Avenue. The project includes landscaped treatments, lighting, on-site drainage facilities, pedestrian pathways, fencing, retaining walls, barrier walls, and interior chain link fences separating parking Jots ftom school activity areas, and pickup and drop off areas. In compliance with City Engineering requirements, the applicant will be required to dedicate additional right-of-way and install street improvements along the northeast portion of Third Avenue and H Street. The existing on-site parking provides 183 spaces. Project landscaping requirements will elinllnate spaces leaving minimum 170 on-site spaces at the time Phase 3 is developed. The project applicant has access to off-site parking at the Gateway Parking Structures that will provide 259 of the required parking spaces. The total number of [mal parking spaces both on and off-site available to the applicant is 429 spaces, which meets the Chula Vista Zoning Ordinance requirements. Further details regarding the parking requirements, off-site parking and shared parking agreement are discussed below 1lllder the TrafficlTransportation Section. The Master Plan Phasing The development consists of three phases to allow the renovation and expansion of the church and school to meet current and future church and school needs. The phased development is outlined below. Phases I and 2: Demolition of portions of existing private school buildings and replacement with new two-story buildings to accommodate a total buildout of 400 students plus relocation of existing kindergarten, computer and science labs. Construction of a new two-story parochial parish hall building with second floor multipurpose room (net total 14,027 square-feet) and demolition of the existing Learning Center, and school buildings. Phase 3: Construction of the buildout phase consists of demolition and construction of the new church sanctuary to accommodate 1500 seats, completion of paved parking lots, landscaped treatments, and site improvements. During this phase, the project proposes demolition of the existing hall and adjacent rectory building. Proposed fill grading will occur over the entirety of the 3 A-acre site. Amount of grading includes approximately 1,300 cubic yards to be excavated for the buildout development; primarily Phase 1 (250 cubic yards), Phase 2 (800 cubic yards) and Phase 3 (250 cubic yards). Any excavated soil will be relayered over the project site, if necessary. It is anticipated that the phased master plan will take five plus years to complete. During the interim periods, demolition of facilities will be phased to accommodate students and church related uses. Hours of Operation - Private School Existing and Phased Development The current private school operational hours wilf not change ftom the current schedule. The project planning and site plan call for a student drop off and pick up area to be functioning prior to school startup and school closure. Students will walk to the nearby church/sanctuary for weekday services 2 (masses, prayer groups, etc.). No conflict between school operations and weekday church activities will occur or create potential adverse conditions. The existing and proposed preschool playgronnd, small soccer field and basketball court are for use by the school students and church members only within the scheduled activity hours and in accordance with the City Mnnicipal Code/Noise Ordinance, Chapter 19.68, standards and regulations. Hours of Operation - Church/Sanctuary Complex Existing and Phased Development The existing church services and masses are 7:00 a.m., 8:30 a.m., 10:00 a.m., 11:30 a.m., 1:15 p.m. and 5:00 p.m. on Snndays, 5:00 p.m. and 6:30 p.m. on Saturdays, and 6:15 a.m., and 8:00 a.m. on weekdays, plus 6:30 p.m. on Thursday evenings. Confessions are 8:00 a.m. to 9:00 a.m. or by appointment on Saturdays. There will be no changes in these hours of service during the development phases or after all construction is completed. Therefore, no significant impacts have been identified. C. Compliance with Zoning and Plans The project site is located within the R3 (Multi-Family Residential) Zone and RH (High Density/Residential) General Plan land use designation. The project is consistent with the regulations of the Zoning Code and the General Plan land use designations. The project requires the approval of a Design Review Permit by the Design Review COnmllttee, a Conditional Use Pennit and a Rezone from RI-RIP to allow a Precise Plan with specific development standards by the Planning COnmllssion. D. Public Comments On February 15, 2007, 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 February 26, 2007. No verbal or written comments were received from the public regarding the proposed project or planning process. On March 29. 2007 a Notice of Availability of the Proposed Mitigated Negative Declaration for the proiect was posted in the County Clerk's Office and circulated to property owners within a 500-foot radius of the proiect site. The 30-dav public comment period closed on April 30. 2007. No written public comments were received during the public review period. E. Identification of Environmental Effects An fuitial Study conducted by the City of Chula Vista (including an attached Environmental Checklist form) detennined that the proposed project would not have a significant environmental effect because of mitigation measures incorporated into the project, and the preparation of an Environmental Impact Report will not be required. This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. Aesthetics The proposed preliminary lighting plan addresses all proposed exterior lighting and types used. The proposed lighting includes parking lot lighting, church complex and school buildings lighting, as well as, walkway and low landscape area lighting. The lighting plan indicates that no lighting rays or glare will spread onto adjacent or surronnding residential properties. The applicant will be required to comply with glare regulations (Section 19.66.100) of the Chula Vista Municipal Code (CYMC). Compliance with the lighting plan and City code regulations will 3 ensure that no source of substantial glare or light will result that would adversely affect day or nighttime views in the area. No degrading of the existing visual character or quality of the site and its surroundings will occur to the surrounding residential properties. No aesthetic impacts will therefore occur as a result of the proposed project. Air Qualitv Short-Term The proposed phased project could result in short-tenn air quality impacts associated with construction and demolition activities. The anticipated length of time of the phased development/construction activities for Phase 1 and Phase 2 is approximately 15 months each and for Phase 3 is 21 months. The minimal grading of the site, demolition, building construction and worker and equipment vehicles trips will create temporary emissions consisting of dust, fumes, equipment exhaust, and other potential air pollutants. Air quality impacts resulting from the construction-related operations are considered short-tenn in nature since construction-related activities are a relatively short-tenn activity. Demolition/Grading Demolition activities are proposed during the following phases: Phase 1 and 2 Phase 3 Demolition of portions of the existing private school. Demolition of the parish hall, rectory building and existing church. Anticipated amount of demolition materials to be removed: Phase I - 304 cubic yards, Phase 2 - 1,120 cubic yards, Phase 3 - 1,520 cubic yards and Post Phase 3 - 828 cubic yards; total of 3,772 cubic yards of demolition materials. It is anticipated that the amount of grading proposed includes Phase I (250 cubic yards), Phase 2 (800 cubic yards), and Phase 3 (250 cubic yards). With appropriate dust control measures to control fugitive dust generation during grading that includes watering three times daily, emission impacts would be controlled and lessened to less than significant Long-Term In order to assess whether the project's contribution to ambient air quality is cumulatively considerable, the project's emissions were quantified with respect to regional air quality. The proposed phased project once developed will not result in significant long-tenn air quality impacts. The project generated traffic volume would not result in significant long-tenn local or regional air quality impacts. No area source or operational vehicle emission estimates will exceed the Air Quality significance thresholds; therefore, no mitigation measures are required. Hazards/Hazardous Materials Asbestos and lead-based paint The existing school and church building structures may contain asbestos and lead-based paint. Prior to any demolition activities the presence of asbestos and lead-based paint must be ascertained and removed if present by a licensed, registered, asbestos and lead abatement contractor in accordance with all applicable local, state and federal laws and regulations, including San Diego County Air Pollution Control District Rule 361.145, Standard for Demolition and Renovation. The mitigation 4 measure contained in Section F below would mitigate potential hazards/hazardous material impacts associated with the release of asbestos and lead to below a level of significance. Hvdrolol!V/W ater Oualitv The preparation of a final drainage study will be required in conjunction with the preparation of final grading plans. In accordance with the City Engineering Department, the proposed drainage plan shall be required to demonstrate that existing drainage conveyance facilities will have the capacity to handle existing and proposed project stonn water drainage flows. According to the Engineering Department, no significant impacts to the City's stonn drainage system are anticipated as a result of the proposed development. Based upon review of the project design, drainage improvements and fully developed site, the Engineering Department has determined that there are no significant issues or impacts regarding the preliminary proposed drainage improvements for the project site. The project proposes the installation of a stonn drain system, filtering treatment system, backflow device and preventor, drain piping, inlets and conceptual Best Management Practices that include gravel bags, landscaped treatment areas and improvements to existing drainage facilities. As designed, the proposed drainage will be directed away rrom the existing and proposed buildings including adjacent properties. A fmal drainage study will be required in conjunction with the preparation of the project grading plans and must demonstrate that the post-development peak flow rate does not exceed the pre-development flows. The proposed drainage improvements shall be designed in accordance with local and regional requirements. The drainage facilities will be installed at the time of the site development to the satisfaction of the City Engineer. The applicant will be required to comply with the City of Chula Vista's Storm Water Management Manual and implement Best Management Practices (BMPs) to prevent pollution of the stonn water systems during and after construction. The applicant will also be required to comply with the NPDES Municipal Permit, Order No. 2001-01 and other permit requirements, identifY stonn water pollutants that are generated as well as identifY appropriate BMP measures and prepare a water quality study to be submitted with the final grading/improvement plans to the satisfaction of the City Engineer. These measures are included as a part of the Mitigation Monitoring and Reporting Program (See Section F). Storm or non-stonn water rrom the project area shall be properly treated and discharged into the City storm drainage systems in accordance with Federal, State, and Local rules and regulations. No significant impacts to the City's storm drainage system or water quality are anticipated to result from the proposed phased project as a result of proposed mitigation. Noise To assess any potential noise impacts of the project, a Noise Impact Analysis was prepared by Giroux and AssociateslEnvironmental Associates, Saint Rose of Lima Catholic Parish Master Plan, Chula Vista, CAdated February 19, 2007, a copy of which is available for review at the Planning and Building Department. The results of this analysis are summarized below. Noise Standards The acoustical analysis assessed the school activity noise generation with respect to the regulations contained in Chapter 19.68, PerfOI:mance Standards and Noise Control, of the Chula Vista Municipal Code (noise control ordinance) and the noise element of the Chula Vista General Plan. Pursuant to 5 the noise control ordinance, no person shall operate, or cause to be operated, any source of sound at any location within the city or allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person which exceeds the established noise level limits (C.V.M.C. 9 19.68.030(A)(4)). The noise level limits of the noise control ordinance vary by land use receptor category and time of day (daytime versus nighttime). Per Section 19.68.030 (B)(4) of the noise control ordinance, if the ambient noise level exceeds the established noise level limit, then the allowable noise exposure stmdard shall be the ambient noise level. The existing and potential future noise-sensitive uses adjacent to the project site potentially affected by project-generated noise consist of single-family and multi-family residences to the north and east. Short-term Construction Noise Impacts Construction activities have the potential to cause short-term noise impacts to noise-sensitive uses adjacent to the project site (i.e., single family residences and multi-family residences). Noise produced by construction equipment varies substantially depending upon the type of equipment being used and its operation and maintenance. With each development phase it can be expected that diverse noise levels will occur as a result of demolition, site preparation and construction activities. Construction noise is exempt from the noise limits specified in Section 19.68.040 of the Chula Vista Municipal Code. However, pursuant to Section 17.24.050(1) of the Chula Vista Municipal Code, construction work in residential zones that generates noise disturbing to persons residing or working in the vicinity is not permitted between 10:00 p.m. and 7:00 a.m. Monday through Friday and between 10:00 p.m. and 8:00 a.m. Saturday and Sunday, except when necessary for emergency repairs required for the health and safety of any member of the connnunity. Compliance with the Municipal Code will ensure that surrounding residents will not be disturbed by construction noise during the most noise sensitive periods of the day. School Atmosphere Although construction noise is exempt from the levels specified in Section 19.68.040. Construction noise levels were estimated in order to assess potential impacts to on-site receivers (e.g., students and faculty). Cumulative worst-case levels associated with construction equipment were calculated for the closest sensitive on-site receptors that include the phasing areas (i.e., classrooms/school buildings or church facilities). The City of Chula Vista does not have fixed operation standards for these types of construction activities, however, assessment is discussed below. According to the noise study, construction activities are scheduled around the school calendar. Temporary barriers are proposed for blocking out any temporary noise impacts. Because the school administration oversees the construction scheduling and school operations, there is full discretionary authority to control the potential short-term construction noise upon the school environment. Although the City does not regulate construction noise during the day it should be noted that if noise levels are found to be excessive enough to disrupt classroom activities, or impact students or teachers in the classrooms or church buildings, onsite temporary noise barriers or other noise abatement measures shall be implemented on a case-by-case basis to provide adequate attenuation to the affected phased areas to the satisfaction of the City Environmental Review Coordinator. Long-term Operational Noise Impacts Existing traffic along H Street and Third Avenue was identified by the noise study as the primary generator of ambient noise. Buildout traffic volumes were obtained from the project traffic study in order to determine the existing and future traffic noise exposure footprint. 6 Potential on-site noise generators include recreational activities associated with the existing soccer field, new preschool playground, basketball court, and redesigned student lunch/assembly area. Based on the noise report, noise associated with the soccer field and student lunch/assembly area will be adequately attenuated by the proposed location of on-site structures and the distance fi-om the closest sensitive noise receptors. The noise study analyzed the cumulative ambient noise conditions affecting the site and surrounding area. Traffic generated noise was calculated at being 60dB, whereas the noise from the basketball activities was calculated to be 58dB Leq. The noise report recommended that by expanding the easterly perimeter solid wall to a height of 8-feet, potential traffic generated noise impacts would be reduced to a level below significance. The preschool playground was also analyzed with the primary noise source identified as being traffic- generated noise fi-om Third Avenue and H Street. The inclusion of a solid 6-foot high noise wall into the project design, to shield the playground from ambient plus project generated traffic noise, would mitigate any potential noise impact. The project design includes a garden area outside the church to be used as an exterior space for passive activities. With the proposed project design of an 8-foot high barrier wall, impacts to this area would be reduced to a level ofless than significant. Stationary Noise Sources Heating, ventilation and air conditioning (HV AC) equipment is proposed on the roof of the church and school buildings. The noise generated by the machinery could vary depending on the type and size of the mechanical equipment. Based upon the preliminary mechanical plans and lack of complete noise assessment due to unavailability of [mal rooftop mechanical plans, the study concluded that noise generated from the HV AC and rooftop mechanical equipment could exceed the City's noise standard. Noise impacts related to the outdoor mechanical equipment are considered significant. Therefore, careful site design to prevent noise impacts to sensitive noise receptors fi-om rooftop equipment, food service, trash compactor is recommended. In addition, an additional acoustical study will be required to demonstrate that the HV AC and other roof mounted equipment complies with the City's noise ordinance requiring that noise be limited to 45dBA Leq at the property boundaries during nighttime hours and 55 dBA Leq during daytime hours or ambient noise levels, whichever is greater. The mitigation measures contained in Section F below will mitigate potential noise impacts to below a level of significance. These measures are included as a part of the Mitigation Monitoring and Reporting Program. Public Address System/Bells Typical noise sources generated fi-om school facilities and sports events include public address systems and bell signal systems that are essential to a school facility. The City of Chula Vista Noise Ordinance, Section 19.68.050, regulates these signaling devices. The school and church shall be required to comply with the City's Municipal Code Section 19.68.050, allowing the church and school to operate the bell as a signaling device and limits the sounding of these devices to no more than two minutes continually in any 60-minute period or intermittent sounding over a five-minute period in any hour. No significant noise impacts are expected to occur to any residential receptors as a result of the operation of the public address system or bell signaling system. The mitigation measures contained in Section F below will mitigate potential noise impacts to below a level of significance. These measures are included as a part of the Mitigation Monitoring and 7 Reporting Program. Traffic/Circulation To assess the potential traffic/circulation impacts of the project including proposed phasing, Rick Engineering Company prepared a traffic study, Saint Rose of Lima Parish, Master Plan, dated January 30, 2007 and subsequent addendwn dated March 14,2007. A copy of this study is available for review at the Planning and Building Department. The results of this analysis are summarized below. Significance Criteria The criteria utilized to determine if a traffic impact at an intersection or major street segments is considered significant are based on City of Chula Vista traffic and circulation standards. Both project specific and cwnulative impacts can be significant impacts. The level of service for unsignalized and signalized intersections were based upon methodologies described in the 2000 Highway Capacity Manual (HCM). Levels of services are based upon ADT thresholds outlined for roadway classifications. The levels of services are only applied to circulation element roadways and not to residential streets as they serve abutting lots, not carrying through traffic. The roadway capacities utilized in the daily roadway segment analysis are in compliance with the General Plan Update. Existing Conditions Existing traffic analysis was conducted during peak hour and worse case scenarios of school and church activities, including evenings. Calculated peak hour traffic within the period of each nearby intersections, major streets, project driveways and turning movements were utilized in the study. The existing traffic generated an average of 1,502 average daily trips (ADTs) with 407 AM peak hour trips and 146 PM peak hour trips during a typical weekday. This resulted in an estimated trip generation rate of 4.39 trips per student. Existing Sunday traffic generates 3,299 average daily trips (ADTs) with 694 peak hour trips, equaling a rate of 3.59 trips per mass attendee. School Pick- Up/Drop-Off Program The school drop off peak period occurs 7:45 a.m. - 8:00 a.m. and the school pick-up peak period occurs 2:45 p.m. - 3:00 p.m. Essentially the peak periods occur 15 minutes before the classes begin and 15 minutes after classes are dismissed. It should be noted that queing during the school pick-up period is maintained on-site to avoid stacking of vehicles on Alvarado Street during peak hour. The combination of the existing traffic control monitoring (4-5 personnel) and the student pickup system will continue after completion of the phased development and total buildout and will ensure the smooth flow of vehicles. Proi ect Trip Generation The analysis of the phased conditions with the addition of the buildout phase provides an assessment of the worse case scenario. The proposed project would generate traffic as follows, once buildout is complete: phase III, 1,756 trips for weekday/school and 5,385 total trips for Sunday peak mass attendance. This is 254 additional weekdaylschool related trips, and 2,086 additional peak mass attendance trips than previously existed. 8 Cumulative Analysis Cumulative potential impacts from foreseeable projects were also evaluated in the traffic study. In this case, four projects within the project area (Urban Village, Seniors on Broadway, Gateway Center and Espanada) were analyzed. The analysis showed the worse care scenario of existing plus cumulative projects plus project traffic volumes of unsignalized, signalized intersections and major roadway segments. Level of Service (LOS) Project Access Levels of Service All project intersections, major street segments and traffic volumes under existing project and existing plus project weekday conditions are expected to continue operating at Level of Service C (LOS) or better during the AM and PM peak hours. Except for existing and project plus cumulative conditions, turning in and out of H Street driveways have the potential to create a significant impact. However with project redesign and traffic mitigation measures, that include adequate signage and striping to prohibit left turns outbound and inbound at the H Street driveways, potential traffic impacts are lessened to a level ofless than significant. Parking Requirements An analysis of the parking required for each phase of the project was completed. During each phase and buildout the proposed parking as noted above in the Phasing and Parking Tables will satisfY the City Municipal Code. The project applicant proposes to provide 165 parking spaces, during interim phases prior to completion of the church. Upon completion of the phased master plan development the on-site parking areas will provide 170 spaces. The remaining required parking spaces are proposed as off-site parking. The project proposes a total of 429 parking spaces (on-site and off-site parking) thus complying with the requirements of the City Municipal Code. The City Municipal Code, Chapter 19, Section 19.62.040, allows for the provisions of off-site parking provided that the property where parking is proposed is not more than 200 feet distance, is pedestrian accessible and subject to a binding agreement with the City as to the permanent reservation of the required off-site parking. The primary area identified for off-site parking is the Gateway Parking Structures across Third Avenue, to the west of the project site. The total amount of parking spaces in the Gateway parking structure available to them is approximately 700 spaces. Sunday peak hour demands will be met through the provision of off-site parking. The applicant will be required to submit the binding parking agreement to the City prior to Phase 1 as noted below. Prior to Phase I: As conditioned on the project, the applicant will be required to submit a contract showing the allowance of the off-site parking areas for parking use prior to issuance of any entitlement permits induding grading or demolition activities of Phase 1. All required off-site parking spaces shall be provided during this pre-phase. Phase I to Phase 3lbuildout: No additional parking requirements are required during these phases. In the event of any project on- site condition changes or off-site parking area changes, the project will need to be reevaluated to 9 identifY and ensure alternative off-site areas meet the requirements of the City Municipal Code and provide the required parking. In addition, all phased development and/or construction activities shall cease lll1til appropriate required parking has been met. If significant changes occur, additional City discretionary and CEQA review may be required. The mitigation measures contained in Section F below will mitigate potential traffic impacts to below a level of significance. These measures are included as a part of the Mitigation Monitoring and Reporting Program. Pedestrian/Traffic Safety Phase 1 to Phase IIIIbuildout In view of the fact that a significant percentage of the required parking for Slll1day services is provided off-site, special consideration to pedestrian safety and proper traffic circulation between those off-site parking areas and the project site must be given by the applicant. With this in mind, project design and City Engineering requirements and measures have been incorporated into the proposed project. These include the widening of all driveways to the City requirement of 24-foot width and preparation of a traffic management plan to facilitate pedestrian and vehicular traffic during the Slll1day services and special events. Educational programs will need to be provided to church members regarding proper crossing of H Street or Third Avenue encouraging the use of signalized intersections or designated crosswalks. Continuation of proper driveway accesses, educating the parents to utilize the Alvarado Street driveways as the primary school entrances for student drop-off and pick-up and traffic control personnel monitor traffic on-site and minimize queing on the adjacent streets during these period will all contribute to creating a safe environment for pedestrians. Buildout In the event the proposed project schedule is accelerated resulting in project completion without phases, all traffic mitigation measures, including off-site parking requirements, and off-site improvements must be met prior to final occupancy. The mitigation measures contained in Section F below will mitigate potential traffic impacts to below a level of significance. These measures are included as a part of the Mitigation Monitoring and Reporting Program. F. Mitigation Necessary to Avoid Significant hnvacts Air Oualitv 1. The following air quality mitigation requirements shall be shown on all applicable grading, and building plans as details, notes, or as otherwise appropriate, and shall not be deviated ftom 1ll1less approved in advance in writing by the City's Environmental Review Coordinator: . Minimize simultaneous operation of multiple construction equipment lll1its. . Use low pollutant-emitting construction equipment. . Use electrical construction equipment as practical. . Use catalytic reduction for gasoline-powered equipment. . Use injection-timing retard for diesel-powered equipment. 10 . Water the construction area minimum three times daily to minimize fugitive dust. . Stabilize graded areas as quickly as possible to minimize fugitive dust. . Pave permanent roads as quickly as possible to minimize dust. . Use electricity fi-om power poles instead of temporary generators during building, if available. . Apply stabilizer or pave the last 100 feet of intemal travel path within a construction site prior to public road entry. . Install wheel washers adjacent to a paved apron prior to vehicle entry on public roads. . Remove any visible track-out into traveled public streets within 30 minutes of occurrence. . Wet wash the construction access point at the end of each workday if any vehicle travel on unpaved surfaces has occurred. . Provide sufficient perimeter erosion control to prevent washout of silty material onto public roads. . Cover haul trucks or maintain at least 12 inches of fi-eeboard to reduce blow-off during hauling. . Suspend all soil disturbance and travel on unpaved surfaces if winds exceed 25 miles per hour. Hazards/Hazardous Materials 2. During any demolition activities, a licensed and registered asbestos and lead abatement contractor shall perform asbestos and lead-based paint abatement in accordance with all applicable local, state and federal laws and regulations, including San Diego County Air Pollution Control District Rule 361.145 - Standard for Demolition and Renovation. HvdrologylWater Oualitv 3. Prior to the issuance of a grading permit, a final drainage study shall be required in conjunction with the preparation of final grading plans and must demonstrate that the post-development peak flow rates do not exceed the pre-development flows as indicated in the Preliminary Hydrology Study dated December 20, 2007, and as determined to the satisfaction of the City Engineer. Additionally, the City Engineer shall verifY that the final grading plans comply with the provisions of Califomia Regional Water Quality Control Board, San Diego Region Order No. 2001-01 with respect to construction-related water quality best management practices. If one or more of the approved post-construction BMPs is non-structural, then a post-construction BMP plan shall be prepared to the satisfaction of the City Engineer prior to the commencement of construction. Compliance with said plan shall become a permanent requirement of the Mitigation Monitoring and Reporting Program. 4. Prior to commencement of grading, temporary desilting and erosion control devices shall be installed. Protective devices shall be provided at every storm drain inlet to prevent sediment ITom entering the storm drain system. These measures shall be reflected in the grading and improvement plans to the satisfaction of the City Engineer and Environmental Review Coordinator. 11 Noise The following noise mitigation requirements shall be shown on all applicable demolition, grading, and building plans as details, notes, or as otherwise appropriate, and/or shall be made conditions of project approval where appropriate. 5. Pursuant to Section 17.24.050(1) of the Chula Vista Municipal Code, project-related construction activities including demolition shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. Monday through Friday and between 10:00 p.m. and 8:00 a.m. Saturdays and Sundays. 6. If noise impacts are identified by the church and school administration during construction activities, the applicant shall be required to comply with the appropriate mitigation measures identified in the noise study. The measures may include temporary ceasing of construction activities, installation of construction noise barriers to provide noise attenuation for noise impacts to the affected classrooms, school and/or church buildings. In the event of construction noise impacts to the phased classrooms or church buildings, noise barriers shall be placed between the construction activities of the current phase and the impacted buildings of any previously completed phase. Temporary construction barriers shall be constructed to the satisfaction of the City Environmental Review Coordinator. A noise monitor during construction should be onsite during these affected phases. 7. It is reconunended that the school, parish hall and church buildings contain air conditioning systems to allow for window or door closure to offset any ambient traffic noise in accordance with the noise study prepared by Giroux and Associates, dated February 19,2007. 8. Prior to approval of building permits, the applicant shall submit a subsequent noise study to the satisfaction of the Environmental Review Coordinator demonstrating that the final roof-mounted IN AC and other roof mounted equipment complies with the City's noise control ordinance at the property boundaries of 45 dBA Leq (one hour) during nighttime hours and 55 dBA Leq (one hour) during daytime hours or ambient noise levels, whichever is greater. Upon review of the additional noise analyses, if it is determined that there are potential noise impacts created by the IN AC or other roof mounted equipment, then applicable mitigation measures shall be developed to insure these impacts are lessened to a level ofless than significant. 9. All rooftop pumps, fans, and air conditionerslheating units on the church and school buildings shall include appropriate noise abatement and be screened by a minimum three-foot high rooftop parapet that blocks the line-of-site view from the backyards of the nearby residential properties to the exposed roof and mechanical ventilation systems. 10. A 6-foot high solid noise attenuation wall shall be constructed around the preschool playground along Third Avenue in accordance with the noise study prepared by Giroux and Associates, dated February 19, 2007, to the satisfaction of the City Environmental Review Coordinator. 11. An 8-foot high solid masonry barrier shall be constructed along the eastern property line separating the basketball courts from the nearby residences in accordance with the noise study prepared by Giroux and Associates, dated February 19, 2007, to the satisfaction of the City Environmental Review Coordinator. 12. An 8-foot high solid masonry barrier and stucco wall shall be constructed around the garden area outside the church in accordance with the development plans (dated March 22, 2007) and noise study prepared by Giroux and Associates, dated February 19, 2007, to the satisfaction of the City Environmental Review Coordinator. 12 Traffic 13. Prior to demolition or building penuits issuance for Phase 1, a binding agreement between the City and the applicant conceming off-site required parking areas shall be submitted and approved by the City Planning and Building Department, City Engineer and City Attorney's Office. 14. Prior to occupancy of Phase 3, subnrittal of a striping and signing plan, prepared by a State of California licensed traffic engineer is required. In accordance with the requirements of the traffic study, dated January 30, 2007, the striping and signage plan shall analyze the need for signing and striping of a left-turn restriction movement for inbound and outbound traffic onto H Street. If it is detenuined that signage and striping are required, the installation of the required signage and striping shall be completed by a licensed Caltrans-certified traffic control contractor to the satisfaction of the City Engineer and at no cost to the City. 15. In the event, any off-site parking property owners are unable to provide the additional required parking spaces, or meet their contractual agreement or in the event that significant project modifications occur then, additional discretionary review and environmental review, in accordance with CEQA, may be required. 16. In the event that the project is completed without phases, all nritigation measures and off-site improvements shall be met prior to final occupancy of the project to the satisfaction of the City Planning and Building Department and City Engineer G. Consultation 1. Individuals and Organizations City ofChula Vista: Benjamin Guerrero, Planning and Building Marisa Lundstedt, Planning and Building Luis Hernandez, Planning and Building Jeff Steichen, Planning and Building Mary Venables, Planning and Building Brad Remp, Planning and Building Carolyn Dakan, Planning and Building Enrily Novak, Planning and Building Frank Rivera, Engineering Silvester Evetovich, Engineering Hasib Baha, Engineering Jim Newton, Traffic Engineering Dave Kaplan, Traffic Engineering Sandra Hernandez, Engineering Anthony Chukwudolue, Engineering Justin Gipson, Fire Department Richard Preuss, Police Department Dave Byers, Public Works/Ops. 13 Applicant/Propertv Owner: St. Rose of Lima Parish of the Catholic Diocese of San Diego Agent: David Pfeiffer, Principal AlA Dominy and Associates, Architects Others: Sweetwater Authority Chula Vista Elementary School District 2. Documents City ofChula Vista General Plan Update, 2005 Title 19, Chula Vista Municipal Code Noise hnpact Analysis for Saint Rose of Lima Catholic Parish Master Plan - Chula Vista, CA, and dated February 19,2007 (Giroux and Associates) Traffic Study for Saint Rose of Lima Parish Master Plan and dated January 30, 2007 (Rick Engineering Company). Preliminary Water Quality Technical Report!Water Demand Exhibit for Saint Rose of Lima and dated December 20, 2006 (Rick Engineering Company). Preliminary Sewer Study for Saint Rose of Lima and dated January 25, 2007 (Rick Engineering Company) Historic Architectural Survey Report for Saint Rose of Lima Parish and Parochial School- Chula Vista, San Diego County, CA and dated May 2006 (Galvin Preservation Associates). Initial Studv This environmental detennination is based on the attached Initial Study, and any comments received in response to the Notice of Initial Study. The report reflects the independent judgment of the City of Chula Vista. Further information regarding the environmental review of this project is available rrom the Chula Vista Planning and Building Department, 276 Fourth Avenue, Chula Vista, CA 91910. Date: fv1;f\"( 'SJ 2007 Guerrero, Environmental Projects Manager J:\PIanning\MARIA\fuitial Study\St Rose ofLiima\IS-06-013finaI1MND.doc 14 EX#IBfr A c gro-' I i~g _"_ --" ---"Qoi - ~~ o~- u>c JJ::--,o:. .' d 'iJ- .' d ija:: 40 _.' :__~~-:.."..~~"-":~=~~_~ ".:.~T=;JfF..~~~~~~~~.: I II ~ ! I' "I i ! ! ~ !~ h . I ~ ! I lii:' , ! ~..i~!.~II!!I'!i~1 ~"gIIJJ.lt1i.'! ~i!llll!j!l!lilj! I! i I- i I i i ! I ~ ~ ~ ~ ~ g J j 0 i I j ~ flUI, ! ~!, I;, '" a ~ ; ~ :i :i :i :i ~ ~ :11 i f lih i II Ii :?~ ;; '" e if I! U:i ~ ~ ~ :l i':i nl I ~ (:--::1 :r <:( -II I:J! Ii 9 d i ~ ~ ~ ~ ~ c :i!:i ! ::J ~ .. "' 0 i Ii i i ~ ~ ',j :i :;; !. ~ ~ '1(1'1)1 i III hi ; l ! I i ! i !r d ! ,: ! .!,Pi! I.. a 1~~lh $ .I! z :: s:'; gj;;..o; .. ~ lijJ!!H 1 ! i 11 !~il J ,I !'j fi ~! '~i Ii iU!1 . '!I' n j"I, ~.JI:! .. 0 d .~ It (... a: ..... ~ ffi ~ II! Ii .'! '11 " I' ill a. "I "II "I ! i ili !, ,I "!"'.....-.J~\'I"'t> tpmI() :)!\oq:reJ =rIJO ;/S01[ 1S m:[d ~~~-..:w: P:;ISOOOJd j. H!l1I . !~:n j".' . , ! j"" . j'iii !! 111 ~ji I II!! ~ , l(u - ----~--- ! . 'i · lid " '! .i!!h JJ!<!!!B! ii,num BB!.:::. ~mmml '" ~ ~~~~1H~~~s " ~ :;; i !rjTII~j~ JlJI\njJ ~ I' i-I,' 'z illd,ljH ~ .iidl IIi i ~ Ii !lilUI i> ~ < i~ , , , , , 1.._______-' "-1 , " 1'---------1 ,__,..J , ., ] ~.-.i , , , , , . . ~ ~ . ~>-~ ~~. iSW'l" 8.._~ ~~:- 8' - ~._-~ :f.Dt __ ___ _________ __ _ ___________.J ".Ii!M~ .,,' it ig~~ r,:'t-:" "< "'I 'a: "oJ o:~ ..------_.. , ..;, .......-~" ATTACHMENT "A" MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) ST. ROSE OF LIMA CHURCH AND SCHOOL ADDITION - IS-06-013 This Mitigation Monitoring and Reporting Program has been prepared by the City of Chula Vista in conjunction with the proposed St. Rose of Lima Catholic School and Church Complex project. The proposed project has been evaluated in an Initial Study/Mitigated Negative Declaration prepared in accordance with the Califomia Environmental Quality Act (CEQA) and City/State CEQA Guidelines (IS-06-013) The legislation requires public agencies to ensure that adequate mitigation measures are implemented and monitored for Mitigated Negative Declarations. AB 3180 requires monitoring of potentially significant and/or significant environmental impacts. The Mitigation Monitoring and Reporting Program for this project ensures adequate implementation of mitigation for the following potential impacts( s): 1. Air Quality 2. Hazards/Hazardous Materials 3. Hydrology and Water Quality 4. Noise 5. Transportation/Traffic MONITORING PROGRAM Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinators shall be the Environmental Review Coordinator and City Engineer of the City of Chula Vista. The applicant shall be responsible to ensure that the conditions of the Mitigation Monitoring and Reporting Program are met to the satisfaction of the Environmental Review Coordinator and City Engineer. The applicant shall provide evidence in written form confirming compliance with the mitigation measures specified in Mitigated Negative Declaration IS-06-013 to the Environmental Review Coordinator and City Engineer. The Environmental Review Coordinator and City Engineer will thus provide the ultimate verification that the mitigation measures have been accomplished. Table 1, Mitigation Monitoring and Reporting Program Checklist, lists the mitigation measures contained in Section F, Mitigation Necessary to Avoid Significant Effects, of Mitigated Negative Declaration IS-06-013, which will be implemented as part of the project. In order to determine if the applicant has implemented the measure, the method and timing of verification are identified, along with the City department or agency responsible for monitoring/verifYing that the applicant has completed each mitigation measure. Space for the signature of the verifYing person and the date of inspection is provided in the last column. J :\Planning\MARIA \Initial Study\St Rose of Liima\IS-06-0 13MM:RPtext.doc 0") o , CD o 0. " o "" U '" <( "0 o .c o (f) '" " '" .c ~ " .c o '" E ::J - o Q) "' o 0:: u5 E l'! " ." .s '" o ::;; " .Q 1'0 - ~ .... GI :g I'CS ~ '" " :g ~'5 ~ ._((] 0" () OJ~ c...... :;::,.S :6 ro ~ "~E"'E B m t:: .S-e =.5 m c: m ~~g-~ g- <t:wOa..CI >< >< >< " ",'" -<=" ,," "'.!!! ,,0. "", E.5.. ,,'C Q) "5 '5 19 g~ c. ....c::e "",0. ~ciig. ~.s Q) :;:::;"'0(1) .- ",.~ E oQ) ~~:5 -.00 ~r1rn 0"= en ~ 0. ~ "cu g. ~ "'- "' "-,, ._ CIJ...... ;:,,0 .201:: (5 c:: (J)~ -;:= Q)o!9 .c.c" .... ",-0 " c. 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C>> .~ ~ ~Ls ;:J e "e-;g Q) .Co Co:::J ~ E Q)CD a.~:s-g Es ";n '0 ctI It: >.. 0) .!!! 0 g.~ u-g ~~ .~ ra :::J a: ~m8~ L.. 0._ ~ ~(ijO . +=>ttlCQ)CD ..... Q) 1;:::::::5 CD (\]Eo c ;; -'0'2> c50cc (1)::::1'1: oW > (\] c..:;::J~ :~Q)~(] .cEE.~-o E7ii~m@ <ri ~ - ""' u ~ "" o o ~ :s ?< ~ ::J 9 '" 9 en ] ;:; ~ o u ~ ~ " ~ in ~ ~ p -a p " ~ '" ~!~ -r- mY OF ENVIRONMENTAL CHECKLIST FORM OiUIA VISfA 1. Name of Proponent: St. Rose of Lima Parish of the Catholic Diocese of San Diego 2. Lead Agency Name and Address: City of Chula Vista Planning and Building Department 276 Fourth Avenue Chula Vista, CA 91910 3. Addresses and Phone Nnmber of Proponent: 293 H Street Chula Vista, CA 91910 (619) 427-0230 4. Name of Proposal: St. Rose of Lima Catholic Church 5. Date of Checklist: March 28, 2007 6. Case No. IS-06-013 ENVIRONMENTAL ANALYSIS QUESTIONS: Less Than Potentially Significant Less Than With Issues: Significant Mitigation Significant No Impact Impact Incorporated Impact 1. AESTHETICS. Would the project a) Have a substaotial adverse effect on a scenic vista? 0 0 . 0 b) Substaotially damage scenic resources, including, but 0 0 0 . not limited to, tress, rock outcroppings, and historic buildings within a state scenic highway? c) Substaotially degrade the existing visual character or 0 0 . 0 quality of the site and its surroundings? d) Create a new source of subs_rial light or glare, which would adversely affect day or nighttime views in the area? Less Than Potentially Significant Less Than With Significant Mitigation Significant No Impact Impact Incorporated Impact D D . 0 Issues: Comments: a-b) The project site is located on the comer of Third Avenue and H Street, which is identified in the General Plan as one of the official Gateways into the City. In accordance with the City of Chula Vista Municipal Code and Design Standards, the project as designed with architectural element to match existing architectural style and enhanced landscaped treatments would ensure that there are no significant aesthetic impacts to this comer of the City. The project site contains no scenic -resources, vistas or views open to the public, and is not in proximity to a state scenic highway, therefore, would not damage any scenic resources, vegetation, nor historic buildings within a state scenic highway. c) The project site is located within a fully developed area with western Chula Vista that contains commercial, office and limited single family and multi-family land uses. The proposed church and school expansion is compatible with the existing architectural design and elevations of the project site and surrounding areas. The proposed project would not degrade the visual character ofthe project site or its surroundings therefore no significant aesthetic impact would occur. d) The project proposal includes new lighting facilities in the parking lot including lighting standards a distance of 15 feet from the east property line adjacent to the residences. The project shall be required to comply with the light and glare regulations (Section 19.66.100) of the Chula Vista Municipal Code (CVMC). Compliance with the regulations will ensure that no substantial glare or light would affect daytime or nighttime views in the surrounding area or onto the adjacent or nearby residential properties; therefore no impact would occur as a result of the proposed project. Mitie:ation: No mitigation measures are required. II. AGRICULTURAL RESOURCES. In deten:nirUng whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a) Convert Prime Farmland, Unique Farmland, or Fa.rml:md of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? o o o . b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? o o o . c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion ofFannland, to non-agricultural use? o o o . Comments: a-c) The project site and surrounding land uses are fully developed, consistent with the Chula Vista General Plan and zoning designation, and contain no agricultural resources or designated farmland. The proposal would not convert Prime Fannland, Unique Farmland or Farmland of Statewide Importance to non-agricultural use and no impacts to agricultural resources would be created as a result of the proposed project. Miti!!ation: No mitigation measures are required. III.AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following detenninations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? o o D . Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact b) Violate any air quality standard or contribute 0 0 . 0 substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase 0 0 . 0 of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantirntive thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant 0 . 0 0 concentrations? e) Create objectionable odors affecting a substantial number of people? o o o . Comments: a-e) See Mitigated Negative Declaration, Section E. Miti!!ation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant Air Quality impacts to a level ofless than significance. IV. BIOLOGICAL RESOURCES. project: Would the a) Have a substantial adverse effect, either directly or through habirnt modifications, on any species identified as a candidate, sensitive, or special srntus o o o . Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substmtial adverse effect on any riparian D D D . habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substmtial adverse effect on federally D D D . protected wetlands as defined by Section 404 of the Clean Water Act (1!1cluding, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substmtially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? D D D . e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? D D D . f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? D o D . Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a-c) The project site is located within a designated development area pursuant to the adopted Chula Vista MSCP Subarea Plan and is fully developed. There are no candidate, sensitive or special status species, sensitive natural communities or wetlands present within or immediately adjacent to the project site. d) No native resident or migratory wildlife corridors or native wildlife nursery sites exist within or immediately adjacent to the project site. e) No biological resources are present on the project site and no impacts or conflicts with local policies and ordinances protecting biological resources would result. f) No impacts or conflicts with local, regional, or state habitat conservation plans would result ftom the project since the project site is located in a designated development area pursuant to the adopted Chula Vista MSCP Subarea Plan and no biological resources are present. Mitieation: No mitigation measures are required. V. CULTURAL RESOURCES. Would the project a) Cause a substantial adverse change ill the 0 0 0 . significance of a historical resource as defined in ~ 15064.5? b) Cause a substantial adverse change ill the 0 0 0 . significance of an archaeological resource pursuant to ~ 15064.5? c) Directly or indirectly destroy a umque 0 0 0 . paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? Less Than Potentially Significant Less Than With Significant Mitigation Significant No Impact Impact Incorporated Impact 0 0 0 . Issues: Comments: a) A Historic Architectural Survey Report was prepared by Galvin Preservation Associates (May 2006) for the demolition of buildings at the St. Rose of Lima Parish and Parochial School. The project proposal includes demolishing six of the seven existing buildings. Five of the seven buildings were constructed more than 45 years ago and required evaluation due to their age. These five buildings were originally constructed between 1948 and circa 1955 in the Spanish Colonial Revival and Modem styles. A sixth building was evaluated because it would reach 45 years of age at the time of proposed implementation of Phase Two of the project. This building was completed in 1965 in the Modem style. ill order to assess potential historic resources on the project site, all aspects of historic resource compliance under California State Law for the proposed project that includes resource identification, evaluation for significance, and determination of effects in accordance with the California Environmental Quality Act (CEQA) guidelines at Title 14 California Code of Regulations (CCR) SI5064.5 and the Public Resources Code (pRC) 5024 was completed. The study results detemrined that alterations to the subject property and proposed demolition of buildings are not potential historical resources as defined by the California Environmental Quality Act (CEQA) and regional standards or criteria. b) Based upon previous site disturbances and existing developed project site, the potential for significant historical resource impacts or adverse changes to archaeological resource as defined in Section 15064.5 is not anticipated. c) Based on the level of previous disturbance to the site and the relatively limited amount of additional grading for the proposed project, no impacts to unique paleontological resources or unique geologic features are anticipated. d) No human remains are anticipated to be present within the impact area of the project. Miti!!:ation: No mitigation measures are required. VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substa.ntial adverse effects, including the risk of loss, injury or death involving: ,. Rupture of a known earthquake fault, as \ o o o . Issues: delineated on the most recent Alquist-Priolo E3fthquake Fault Zoniog Map issued by the State Geologist for the area or based on other SUbSUUltW. evidence of a known fault? Refer to Division of Mines and Geology SpecW Publication 42. 11. Strong seismic grouod shaking? 111. Seismic-related liquefaction? including ground failure, lV. Landslides? b) Result in SUbSUUltW. soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is uostable, or that would become uostable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating SUbSUUltW. risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Potentially Significant Impact o o o o o o o Less Than Significant With Mitigation Incorporated o o o o o o o Less Than Significant Impact o o o o o o o No Impact . . . . . . . Issues: Comments: Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact a-e The project site has been previously disturbed with the construction of the existing church and school facility, storm drainage and site improvements. The preparation and submittal of a final soils report will be required prior to the issuance of a grading pennit for the proposed project as a standard engineering requirement. According to the Engineering Department, there are no known or suspected seismic hazards associated with the project site. The site is not within a mapped Earthquake Fault Zone. Therefore, project compliance with applicable Uniform Building Code standards would adequately address any building safety/seismic concerns. Erosion control measures would be identified in conjunction with the preparation of final grading plans and would be implemented during construction. The implementation of appropriate and maximum water quality best management practices (BMPs) during construction would be required in accordance with the Chula Vista Standard Urban Stonn Water Mitigation Plan (SUSMP). All portions of the development area disturbed during construction would either be developed or would be appropriately landscaped in compliance with the Chula Vista Municipal Code, Sections 19.36.090 and 19.36.110. Compliance with SUSMP requirements would be ensured by the City Engineer prior to the issuance of grading permits for the proposed project. Compliance with the City and regional standards would lessen any potential impact to less than significant. Miti!!ation: No mitigation measures are required. VII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the envirornnent through the routine transport, use, or disposal of hazardous materials? o . o o b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materia1s into the environment? o . o o c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? o . o d) Be located on a site which is included on a list of o o o o . Issues: hazardous materials sites compiled pursuant to Government Code section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intemrixed with wildlands? Comments: a-c) See Mitigated Negative Declaration, Section E. Potentially Significant Impact o o o o Less Than Significant With Mitigation Incorporated o o o o Less Than Significant Impact o o o o No Impact . . . . Miti!!ation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant hazards/hazardous materials impacts to level of less than significance. In addition, refer to Section F of the Mitigated Negative Declaration, Air Quality Section, and mitigation measures. Issues: VIII. HYDROLOGY AND WATER QUALITY. Would the project a) Result in an increase in pollurnut discharges to receiving waters (including impaired water bodies pursuant to the Oean Water Act Section 303( d) list), result in significant alteration of receiving water quality during or following construction, or violate any water quality standards or waste discharge requirements? b) Subsrnutially deplete grOlU1dwater supplies or interfere subsrnutially with groundwater rechaxge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre--existing nearby wells would drop to a level which would not support existing land uses or planned uses for which pennits have been granted)? Result in a potentially sigoificant adverse impact on groundwater quality? c) Subsrnutially alter the existing drainage pattem of the site or axea, including through the alteration of the course of a stream or river;t .in a manner, which would result in subsrnutial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or axea, including through the alteration of the course of a stteam or river, subsrnutially increase the rate or amount of surface runoff in a manner which . would result in flooding on- or off-site, or place structures within a lOO-yeax flood hazaxd axea which would impede or redirect flood flows? Potentially Significant Impact o o o o Less Than Significant With Mitigation Incorporated . o o o Less Than Significant Impact o . . . No Impact o o o D e) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? Less Than Potentially Significant Less Than With Significant Mitigation Significant No Impact Impact Incorporated Impact D D D . Issues: f) Create or contribute runoff water, which would exceed the capacity of existing or planned stonnwater drainage systems or provide substill1rial additional sources of polluted runoff? D D D . Comments: a-f) See Mitigated Negative Declaration, Section E. Mitie:ation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant Hydrology/Water Quality impacts to level of less than significance. IX. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? D D o . b) Conflict with any applicable hnd use phn, policy, 0 0 0 . or regulation of an agency with jurisdiction over the project (including, but not limited to the general phn, specific phn, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation 0 0 0 . phn or natural community conservation phn? Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a) The project site and surrounding parcels are fully developed. The proposed remodeling of the church and school facilities would not disrupt or divide the established community because they are part of an existing permitted landuse. Therefore, no significant planning and land use impacts would occur as a result of the phased project. b) The project site is located in the R3 (Multifumi1y Residential) Zone and RH (High Density) General Plan land use designation. The project is consistent with the applicable zoning regulations and land use designations, therefore; no impacts are anticipated. c) The project would have no impact or conflict with any applicable adopted environmental plans or policies and would not conflict with the adopted Chula Vista MSCP Subarea Plan, which designated the proposed project site as a Developable Area. Miti!!ation: No mitigation measures are required. X. MINERAL RESOURCES. Would the project: a) Result io the loss of availability of a known minetal resource that would be of value to the region and the residents of the state? o o o . b) Result io the loss of availability of a locally-important mineral resource recovery site delineated on a local genetal plan, specific plan or other land use plan? o o o . Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a-b) The proposed project has been previously disturbed and would not result in the loss of availability of a known mineral resource of value to the region or the residents of the state and has not been designated for mineral resource protection by the State of California Department of Conservation. Therefore, no impacts to mineral resources would occur as a result of the proposed project. Miti!?:ation: No mitigation measures are required. XI. NOISE. Would the projectresult in: a) Exposure of persons to or generation of noise levels 0 . 0 0 in excess of s_dards established in the local general phn or noise ordinance, or applicable s_dards of other ageocies? b) Exposure of persons to or generation of excessive 0 0 . 0 gtoundbome vibration or groundbome noise levels? c) A subs_rial pennanent increase in ambient noise 0 . 0 0 levels in the project vicinity above levels existing without the project? d) A subs_rial temporary or periodic increase in 0 . 0 0 ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within aD. airport land use plan 0 0 0 . or, where such a phn has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 1) For a project within the vicinity of a private airstrip, would the project expose people residing or working o o o . Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact io the project area to excessive noise levels? Comments: a-d) See Mitigated Negative Declaration, Section E. e) The project is not located within an airport land use plan nor within two miles of a public airport, or public use airport; therefore, the project would not expose people residing or working in the project area to excessive noise levels. f) The project is not located within the vicinity of a private airstrip; therefore, the project development would not expose people working in the project area to excessive noise levels. Mitieation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant noise impacts to a level ofless than significance. XII. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth io an area, either direcdy (for example, by proposiog new homes and busioesses) or iodirecdy (for example, through extension of road or other iofi:astructure)? o o o . b) Displace substantial numbers of existing housing, necessitating the construction of replacement housiog elsewhere? o o o . c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? o o o . Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a-c) The project involves remodeling and expansion ofthe church and school facilities and does not propose new residential development that would induce population growth or divide the established community. Furthermore, no displacement of housing or persons necessitating the construction of replacement housing or adverse impacts to population or housing would occur as a result of the proposal. Miti!!ation: No mitigation measures are required XIII. PUBLIC SERVICES. Would the project: Result in substantial adve.rse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could muse significant envttonmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any public services: a) Fire protection? D D . D b) Police protection? D D . D c) Schools? o o o . d) Parks? D D D . e) Other public facilities? o D o . Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a) Adequate fire protection services can continue to be provided to the site without an increase of equipment or personnel. The applicant is required to comply with the Fire Department policies for new building construction, emergency circulation, fire hydrants and fire prevention. The City Fire Department has detennined that the proposed project would not have a significant effect upon or result in a need for significantly new or altered fire protection services. The City's Fire performance objectives and thresholds will continue to be met. b) Adequate police protection services and response times can continue to be provided upon completion of the proposed project. The City Police Department has detennlned that the proposed project would not have a significant effect upon or result in a need for substantial new or altered police protection services. The City's Police perfonnance objectives and thresholds will continue to be met. c) The proposed project would not induce substantial population growth; therefore, no significant adverse impacts to public schools would result. According to the Chula Vista Elementary School District letter dated January 27,2006, any facility used exclusively for religious purposes is exempt rrom school fees. d) Because the proposed project will not induce a substantial population growth, it would not create a demand for neighborhood or regional parks or facilities or impact existing park facilities. e) The proposed project would not have a significant effect upon or result in a need for new or expanded governmental services and would be served by existing or planned public inrrastructure. Miti!!ation: No mitigation measures are required. XIV. RECREATION. Would the project a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? o o o . b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which have an adverse physical effect on the environment? o o o . Issues: Comments: Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact a) Because the proposed project would not induce population growth, it would not create a demand for neighborhood or regional parks or facilities. The proposed project will not significantly impact existing neighborhood parks or recreational facilities. b) The church and school project contains its own recreational facilities and playground areas and would not create significant increase or substantial deterioration to existing public parks or facilities. The project site is not planned for any future public parks and recreation facilities or programs. Therefore, the proposed project would not have an adverse physical effect on the recreational environment. Miti!?:ation: No mitigation measures are required. xv. TRANSPORTATION / TRAFFIC. Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standaId established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design featw:e (e.g., shatp curves or dangerous intersections) or incompatible uses (e.g., fann equipment)? e) Result in inadequate emergency access? o . o o o o o . o o o . o o o . o o o . Issues: f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting altemative transportation (e.g., bus turnouts, bicycle racks)? Comments: a-g) See Mitigated Negative Declaration, Section E. Potentially Significant Impact o o Less Than Significant With Mitigation Incorporated . o Less Than Significant Impact o o No Impact o . Mitie:ation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant TransportationlTraffic impacts to a level of less than significance. XVI. UTiliTIES AND SERVICE SYSTEMS. Would the project a) Exceed wastewater treatmeot requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expanSlon of existing facilities, the construction of which could cause siglificant environmental effects? c) Requtte or. result in the construction of new storm water drainage facilities or expanSlon of existing facilities, the construction of which could cause sjgnificant eovironmenW effects? d) Have sufficieot water supplies available to serve the project from existing entitlements and resources, or are new or expanded eotitlements needed? e) Result in a detennination by the wastewater treatment provider wbich serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitmeots? f) Be served by a landfill with sufficient pennitred capacity to accommodate the project's solid waste o o o o o o o o o o o o o . o . . . . o . o o o Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? o o . o Comments: a) The project is located within an urban area that is served by all necessary utilities and service systems. No exceedance of wastewater requirements of the Regional Water Quality Control Board would result nor significant impacts would occur as a result of the proposed project. b) See XVI.a. The sewer facilities serving the project site consist of 8-inch sewer lines running along H Street and Third Street. The proposed improvements include the extension of the existing sewer mains rrom H Street and Third Avenue, later tying in with sewer laterals within the project site for the different phases and separate school and church buildings. Based upon the preliminary sewer study for the proposed project prepared by Rick Engineering Company, dated January 25, 2007, the Engineering Department has detennined that these facilities are adequate to serve the proposed project and no significant impacts are anticipated to occur as a result ofthe proposed project. c) No construction of new storm water drainage facilities or expansion of existing facilities would be necessary. d) The project site is within the Sweetwater Water District service territory. Pursuant to correspondence from the Sweetwater District dated January 27,2006, the project site may continue to be serviced from existing potable water mains. No new or expanded entitlements are anticipated for the proposed project. e) See XVI.a. and b. f) The City of Chula Vista is served by regional landfills with adequate capacity to meet the solid waste needs of the region in accordance with State law. The project is not anticipated to generate a significant amount of solid waste which would exceed the capacity of the Otay Landfill therefore impacts to the facility are less than significant g) In accordance with the Chula Vista Municipal Code, the applicant will be required to implement a Recycling and Solid Waste Management Plan and comply with all federal, state and local regnlations related to solid waste. Therefore, impacts are considered to be less than significant. Mitie:ation: No mitigation measures are required. Issues: XVII. THRESHOLDS Will the proposal adversely impact the City's Threshold Standards? A. Libr:u:y The City shall construct 60,000 gross sq=e feet (GSF) of additional libr:u:y space, over the June 30, 2000 GSF total, m the area east of Interstlte 805 by buildout The construction of said facilities shall be phased such that the City will not fall below the city- wide ratio of 500 GSF per 1,000 population. Libr:u:y facilities are to be adequately equipped and stlffed B) Police a) Emergency Response: Properly equipped and staffed police units shall respond to 81 percent of ''Priority One" emergency calls witWn seven \T) minutes and maintain an average response time to all "Priority One" emergency calls of 5.5 minutes or less. b) Respond to 57 percent of ''Priority Two" urgent calls witNn seven \T) minutes and maintain an average response time to all ''Priority Two" calls of 7.5 minutes or less. q Fire and Em~<;y Medical Emergency response: Properly equipped and staffed fire and medical units shall respond to cal1s throughout the City witNn 7 minutes m 80% of the cases (measured annually). D) Traffic The TI:u:eshold Standards require that all mtersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "0" may occur during the peak two hours of the day at sjgnalized Potentially Significant Impact D o o o Less Than Significant With Mitigation Incorporated D o o o __ - __ _n____.___ Less Than Significant Impact D . . . --- -----.-- No Impact . o o D -- - ---, ------------- Issues: intersections. Signalized intersections west of I-80S are not to operate at a LOS below their 1991 LOS. No intersection may reach LOS "E" or "P" during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this Standard E) Parks and Recreation Areas The Threshold Standard for Parks and Recreation is 3 acres of neighborhood and commw:1ity parkland with appropriate facilities /1,000 population east ofI-80S. F) Drainage The Threshold Standards require that stonn water flows and volumes not exceed City Engineering Standards. Individnal projects will provide necessary improvements consistent with the Drainage Master Planes) and City Engineering Standards. G) Sewer The Threshold Standards require that sewage flows and volumes not exceed City Engine.ering Standards. Individual projects will provide necessary improvements consiStent with Sewer Master Planes) and City Engineering Standards. H) Water The Thresbold Standards require that adequate storage, treatment; and transmission facilities are constructed concurrently with planned growth and that water quality standards are not jeoparclized during growth and construction. Applicants may also be requjred 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. Potentially Significant Impact o o o o Less Than Significant With Mitigation Incorporated o o o o Less Than Significant Impact o . . . No Impact . o o o -- -------.- -----.--- Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a) The project would not induce substantial population growth; therefore, no impacts to library facilities would result. No adverse impact to the City's Library Threshold standards would occur as a result of the proposed project. b) According to the Police Department, adequate police protection services can continue to be provided upon completion of the proposed project. The proposed project would not have a significant effect upon or result in a need for substantial new or altered police protection services. No adverse impact to the City's Police Threshold Standards would occur as a result of the proposed project. c) According to the Fire Department, adequate fire protection and emergency medical services can continue to be provided to the project site. Although the Fire Department has indicated they will provide service to the project as designed according to the current site plan, the project will contribute to the incremental increase in fire service demand through the City. This increased demand on fire services will not result in a significant cumulative impact. No adverse impact to the City's Fire and Emergency Medical Threshold standards would occur as a result of the proposed project. d) According to the traffic analysis, the surrOlmding street segments intersections will continue to operate in compliance with the City's traffic threshold standard (LOS "C" or within identified threshold values) with the proposed project traffic and buildout conditions. No adverse impact to the City's traffic threshold standards would occur as a result of the proposed project. e) Because the church/school expansion project is proposed for infill development and located west ofillterstate 805, this Threshold Standard is not applicable. f) The proposed project includes drainage improvements designed in accordance with City standards. Based upon the review of the project, the Engineering Department has detemJined that there are no significant issues regarding the proposed drainage improvements of the project site as indicated in the Preliminary Hydrology Study. ill accordance with City standards, post-developed flows shall not exceed pre-developed flows and a final drainage study will be required in conjunction with the grading plans. No adverse impacts to the city's stonn drainage system or City's drainage threshold standards will occur as a result of the proposed project. g) The sewer facilities serving the project site consist of 8-inch sewer lines running along H Street and Third Street. The proposed improvements include the extension of the existing sewer mains from H Street and Third Avenue, later tying in with sewer laterals within the project site for the different phases and separate school and church buildings. Based upon the preliminary sewer study for the proposed project prepared by Rick Engineering Company, dated January 25, 2007, the Engineering Department has detennined that these facilities are adequate to serve the proposed proj ect. No adverse impacts to the City's sewer system or the Sewer Threshold Standards will occur as a result of the proposed project. h) Pursuant to correspondence received from the Sweetwater Authority Water District, the existing 8-inch water main located along the frontage on H Street and Third Avenue, as well as a 6-inch water main along Alvarado Street currently serve and will continue to serve the project site. The applicant shall be required to coordinate with the Water District for proper design guidance of service sizes. No significant impacts to existing facility systems or the City's water threshold standards will occur. l\fiti!!ation: No mitigation measures are required. Issues: XVllI. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the eovironment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to ch:op below self-sustaining levels, threateo to eliminate a plant or animal community, reduce the number or restrict the range . of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that ate iodividually limited, but cumulatively considerable? ("Cumulatively considerable" means that the iocremeotal effects of a project ate considerable when viewed io connection with the effects of past projects, the effects of other curreot project, and the effects of probable future projects.) c) Does the project have eovironmental effects which will cause substantial adverse effects on human beings, either direcdy or iodirecdy? Comments: Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact o o o . o . o o o . o o a) The project site is currendy fully developed and located io an established mbanized area within the designated developable area of the adopted Chula Vista MSCP Subarea Plan. There are no known sensitive plant or animal species or cultural resources on the project site. No substantial adverse impacts would occur as a result of the proposed project. b) No cumulatively considerable impacts associated with the project wheo viewed in connection with the effects of past projects, other current projects and probable future projects (Urban Village, Seniors on Broadway, Gateway Center, and Espanada) have been identified. As described in the Mitigated Negative Declaration, project impacts would be mitigated to below a level of significance through the required mitigation measures. c) See Mitigated Negative Declaration, Section E. Potential impacts to humans associated with the short- term construction, air quality impacts, hazardJhazardous materials, hydrology/water quality, noise, transportation/traffic would be mitigated to below a level of significance. Mitigation: The mitigation measures conmined in Section F of the Mitigated Negative Declaration would mitigate potential significant impacts to a level ofless than significance. XIX. PROJECT REVISIONS OR MITIGATION MEASURES: Project mitigation measures are contained in Mitigated Negative Declaration IS-06-013, Section F, Mitigation Necessary to Avoid Significant Impacts, and Table 1, Mitigation Monitoring and Reporting Program. XX. AGREEMENT TO IMPLEMENT MITIGATION MEASURES By signing the line(s) provided below, the Applicant(s) and/or Operator(s) stipulate that they have each read, understood and have their respective company's authority to and do agree to the mitigation measures contained herein, and will implement same to the satisfaction of the Environmental Review Coordinator. Failure to sign the line(s) provided below shall indicate the Applicants' and/or Operator's desire that the Project be held in abeyance without approval. John P. Dolan, Pastor Printed Name and Title e. "3 / 2....JY I~ 7 Datel I t~ e of Authorized Representative N/A Printed Name and Title of [Operator if different ftom Property Owner] Date N/A Signature of Authorized Representative of [Operator if different rrom Property Owner] Date XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "PotentiaIIy Significant Unless Mitigated," as indicated by the checklist on the previous pages. o Land Use and Planning . Transportation/Traffic o Population and Housing 0 Biological Resources DGeophysical 0 Energy and Mineral Resources o Public Services o Utilities and Service Systems o Aesthetics o Agricultural Resources . Hydrology/Water . Hazards and Hazardous Materials o Cultural Resources . Air Quality o Threshold Standards . Noise o Recreation . Mandatory Findings of Significance XXII. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project could not have a significant effect on the 0 environment, and a Negative Declaration will be prepared. I find that although the proposed project could have a significant effect on the . environment, there will not be a significant effect in this case because revisions in the project have been made or agreed to by the project proponent. A Mitigated Negative Declaration will be prepared. I find that the proposed project may have a significant effect on the environment, 0 and an Environmental Impact Report is required. I find that the. proposed project may have a "potentially significant impact" or 0 "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. 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 0 environment, because all potentially significant effects (a) have been analyzed adequately in an earlier Em or Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier Em or Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. en] Envir ental Projects Manager CityofChula Vista MIW "3,200, Date J :\Planning\MARIA \Initial Study\St Rose of Liima\IS-06-0 13cklstStRose.~oc ATTACHMENT 6 PRIOR PLANNING COMMISSION AND CITY COUNCIL RESOLUTIONS (1963) < "~:;; CONDITIONAL USE PERKIT RESOLUTION NO. c-63-3 RESOLUTION OF THE PLANNING COMMiSSION RECOMMENDING TO THE CITY COUNC1L APPROVAL OF A CONDITioNAL USE PERKIT Fm PERMISSION TO BUILD A NEW CHURCH EAST .OF EXI5T'nm:'(;f1Uttt;trAi'~"~, ~TREEl ANI.) TO ADD: OFFfcE SpACE TO EXI~Tir.t' RECTORY' WHEREAS..'a duly verified &pplicatio1f1 for a conditlol'billl with the P1811'1nilrl,9 Dep.9r~ent on August 7. 1963 LIse permi t Wf!I9 fi ted ,and WHEREAS. said appliCGtion reque$ted that the applicant be granted's'condi- t(onal U$\e permit to allow construction of a: new church east of the existing church and to add office space to the existing reetorYa 0[11 property at .293 I'HII Street de~c:ribed In the ilpp1fcation, Clwd which :is 2:oned K-j more pmrticularly .&nd WHEREAS, THE Planning Commi~~ion ~et the tt~ mod place for a heoring on ~ard applicatIon ~~d notice of 58id hearing w~s given by the mailing of 8 Jetter to prope~ty owner$ 'within 300 feet of the exterior boundsrie! of the property at least ten days prior ~o the hearing, and WHEREAS. the hear"ing W8$ held at the. time <!11M piece. Mmely 7:00 P.M. Monday, \ " " , A~gust 19~ 1963 In Council Chamber., Civic Center, Chu1a Vista P1sJ'ilnlng Commf5~lon and saId heari,n.9 ~JIJI! thereafter closed. before the NOW THEREFORE BE IT RESOLVEO THAT the PlannlngComml..lon find. os follows: \ 1. ThBt the gr:anting of the conditional U~e permit will not be mDte~JGlly detrimental to the public hea1t~. safety or wa1fare~ So .tat~d. z. The char.cteri~tlcs of the use proposed are re6$onably competible with the types.of use parmitted in the surrounding areal. ,.. This Js an Improvement over the old site. BE IT fURTHER RESOLVED that the'P1~~ning Commission recommends to. the City Council tl1at iii conditiona1 use pennlt be 9rant~d to St. Rose 0' Lima Parish. 293.''''11 Str,eet for ,permissIon to"construct a new church and to add office spece to tho exlSt.lng rectory. ' '.Approval of thi'! conditional use permit iSi r.ecofmlel':1ded .\'lubJect to the following cond I t ions: That a S foot hl,gh masonry wa,ll be constructed.a.tong tIE easterly property line I.. of'.. the development. .2. Thot a landscapa plan.be approved by the Planning Oepartment. J. shall be surfaced with 2 Inch asphaltic concrete and s aces 4. Entrence on Third Avenue be closed, as far as 1.118 curb cut la concerned. Virgi 1 D. Steven~on, Chairman DATED: ATTEST: August 19. 1963 Secretilry ~ 'p nf' 3.,...ri ;:'lnn Iffl Tn ~r1ri;+inn_ nf"f'-5t\~P.+. In.'ioinC' and unloading: of Dassenp"ers i:::; ---enr;:~1""'~-gpri 'ky n,....;~ro1T"y'" ",lnng p;+'hp'r' ",in", nf' +.np r.r1111"'~'h f'rrITp 'HI St.th~~ "l~T?""':~._ Are the chgracte.i~tic~ of the U$e propo~ed re9$onably compatibTe with the type of U~e~ In the arcij? v"'<:! Section iV i DECLARE, UNDER PENALTY 0, PER..IIJRY THAT "i'KE FOREGOIIiIG IS TRUE AM) CORRECT. DA'fED_~\- /,19(., ,\T ~\..cS1.~ J,'-;,I[;- C/Elliforni~ i:~~,~" ~ 9<'\~ S(g~&ture of pi iCQnt 'J -~.;;/II RESOLUTION No. 3188 APPROV;.I, OF THE ClT'il COUNCIL OF TIlE ClT'il OF CHULA IllSTA, CALIFORNIA TO TI!& PLANNING C~lISSION ACTION IN GRt.!>JTING CONDUlONAL USB PBBMIT TO Sf. ROSE OP UMA CRURCR For construction of new church - add to office space WHEREAS/) on August 19, 1963 the! Planning COmm:lssion be14 oS Public Bearing on the application of St. Rose of Lima Church for a Ccmdltional Use Permit for construct-laD of new church _ add to office space on the prop2rty loc:.aced 293 "H" Street "nd EEREAS~ the Planning Ccmmission, following said hearing, adopted a Beaolution, t11th findings/) recommending the granting of said Conditional Use Permit. said permit being subjec.t to certain conditions, and 1:1HE1I&AS. pursuant ,to Section 16..54 of Ordinance No. '398 th~ said rec:aanendat1on of 'the PLanning Commission appeared an the Agenda of the City COuncil ~ and WHIRKAS. the .said City Council has reviewed. said recommendation and fin<<UDls of the Plann1ng Commission and all documents on fils 1n connection . wiE:h said appl1cat1on for CoDdit.1onal Use Permit t NOW. TIII1B.EFOU. be it resolved and the City Council finds as follows: 1. That said "Cion of the PUDDing Commission, together with said f1D.dings recommending the granting of said .Conditional Use: Permit, subject to the conditions set forth t.hereino to S t a Rose of LUna Churcb for cnn.o;truction of new church - add to of flce -8Dace OD the prop_ty loeated; 293 "H" Street' and more particularly described in tbo plat attacbed here~t 13 hereby affirmed 0 and sa1d Coa41t1oaal USG Permit is hereby authorized 4S recommended by the PlaDDing Commission. 2. The City Clerk shall comply ",ith the provisions of Sectioo 16.56 .. sub-paragrapb 2 of Ordiaance No. 398. .~ PASSED AND APPBlWGI) b,- the CIl'Y 'OOUIiCIL of the cim- OJ;' Im!ILI\ VISTA, CALIJ.'OBNiA thie 3H clay of voteD toe&'it.: AUS. OowIci1me.. NATES , Counc1lmea ABSEI!r: COU1\C.$,.1miBD. Septmloer. 1963 by tbo foUcodi1g _..f. _IUater. _1 - _1:uI. Sllith . (e) Eaitb W. HeDGel Mayor of tbe City of Chula Vista A1'TEST, (~""ft.'h ,. ~/~;; ".of/p Cit)r CI.... STAT8 OF CALIPOI!I1IA ) 00UIIn or SAIl DIIIGO ) CITY or' CIIm.A. VISTA ) .. I,JCimum Po CMiPBEU.o Cit.y Cli9rk'of..tbe City of Cbula Vista, california DO BB1tDY CEIrI'IIY that ths' &bove aDd foregoing is a ful'l e true and. correct eapJ' of RARolutian Nft.']l88 aDd that the' sema bas 'not beea _ed or rep....led. DATI!D ; SeDtember 3. 1963 d~ <~, Wf.~~/ ity CIerI: ", '. .........,., ATTACHMENT 7 MAP OF CONSTRUCTION PHASES I AND II WITH PARKING REQUIREMENTS FOR ALL FOUR PHASES ~u"".,.._,..""..,." q:umL) :)'Ioq.ji:) "un", JO :}SOl[ ".IS' h ..... I. lmld J:}!Si:W :a'UI1S!~H -_.."-----=-.---~- n , , , c~, 0 . 8 " " ~ , U~ ~~:;-; !if?", " B w.. h ~" II I + '"I' ( ! 1 ~~! ' I~ I! ii h~~ 1 Is """",s ,,' 'lee I <,) "! ~. 1 ~~ii 'I" J ~iH"1 I I~ y w.. ~."c i'i2j;j'" ~~~~ B ~,~................._n_______. .....,_________........... ___..____-_.-.__ .-.,....---.......- I~ 10 :1 0," ~I! ~ il j ~:~ -' Ii- :;i ~ ~ ~ ~ :i 21; ~~5~~~ ; i' f ~i ~f:' ~ i U :i ;';: i i" ? . H I I e I. " "I; Iii li , , h, , ~! ~! .~ ~ !I~ 1: r: : :li!Pljl ~i~ ' ! n n ~t~ I~ ~ !I~ :F"~~"~ ";< L _ _ N" " :i; ~;} ~ ~ ~.; ~ "I ~i ~ ! ~I . ~ ~!\i11!1 :i 8i ~... e I ~I ,! : ~! ! .....I!l \;"C ~i~ ! n n n!'!!!I'H =!H ~IB :- ~ : c :;n']l ~ ~ 1J,j, i5 ~ , <.>31 ~: ~ ~ : .:i.:i ~ ~ (,I); i ~ <.> ~: >:'" ! 6 ~ll ! i t ~ ~ I ~. ~! ,,~ _,...""._"__....."""-O~~...:.~<.>_:--:....__".... _.""'.._..........",~ T' " , ,~, 8 " , '"' ~~ .-, ~e. ~ ~m_a i !HH ! I~ I~ I""; an= M i " iL L I'"" ,. , ~;:! 'I' "If:.'" 1/' ri;L I L ED ;r~ :~i 0' ! i~ ; .; o. : " ' . ~;9 ' ! i 1:1. '" '01: ; Jf :< ;::. ~; .B ~ ., . . ~ ~ ~ ~ s i g ~. 3"" . " :~ ~I~:i H ~ ! H I "" II: Q ~I" ~:~! ~n.. H . ~ i ~ ~ i ~ ~ i' ~~ <I ~!g ~:! ~:i ~ ~ ~ ~ 0,. ~ ~ I ~ ~ ii w, ~i !Iu "" wit"', S! 1 j'" ."' ~I" i f ~~ ~ ~ ~ , ~i ~ ~~ ~ " c. ~ 'i ~ :; :i: ~~ ~ , h ~, , ~i ~i ~ ~ n ~; ; ~:!!!.!'i! l-i1 ! ~ ~ l S~. ~ ! ~ ~ ~ ~ ~: .~ ffi ;[1 t , " . ~ ~ I i . ~ . ~ " . ~ ~ ~ o ~ ~ ~ '"' '" ! " s ~ .r: C) . '" ~ '"' , '"' . <1J ~ " " " ~ en ~ " en . '" < " ~ M P. . en '" '" M P. H H H " en '" .r: "" "'" '" '" 00 '" ..... '"' en ..... >4 " H o fo< ATTACHMENT 8 PARKING ANALYSIS FOR GATEWAY CENTER RICK r.~\ E:--JCiI;-.iEERING COMPANY Trl.U1S{J(}rtdLir!n Division March 14, 2007 Mr. Jeff Steichen City of Chula Vista Planning and Building Department. 276 Fourth Avenue Chula Vista; CA 91910 SUBJECT: 'ADDENDUM TO THE FINAL SAINT ROSE OF LIMA PARlSH MASTER PLAN TRAFFIC STUDY DA TED JANUARY 30, 2007 (JOB NUMBER l4615-C) Dear Mr. Steichen: Pursuant to your request, a parking occupancy count was recently conducted at the Chula Vista Gateway site (northwest comer of Third Avenue and H Street) to determine the parking availability at this site on a typical Sunday. This is one of the proposed Sunday off-site parking locations identified for the Saint Rose of Lima Parish Master Plan. The information provided in this letter will serve as an addendum to the Final Saint Rose of Lima Parish Master Plan Traffic Study prepared by Rick Engineering Company, dated January 30,2007. SUNDAY CHULA VISTA GATEWA YPARKING OCCUPANCY COUNT Parking occupancy counts were conducted by Turning Point Traffic Service at the existing Chula Vista Gateway site on Sunday, February, 25, 2007. These counts were recorded at 30-minute intervals from 7:00 AM to 6:00 PM. The site currently has a five level parking structure consisting of 761 spaces and a 58 space surface parking lot (819 parking spaces total). Appendix A contains the parking supply and occupancy record sheets. Table 1 shows a summary of these Sunday parking occupancy counts. These counts show that the total parking at this location peaked at 10:00 AM with a parking occupancy of 8.8% (72 vehicles parked, with 747 empty parking spaces). These low percentages are due primarily to the limited weekend business hours of the Chula Vista Gateway tenants. Parking occupancy averaged about 7% between the hours of 8:00 AM to 2:00 PM (hours that fall within the typical Saint Rose of Lima Parish Sunday Mass times). This relates to about 58 vehicles parked, with 761 empty parking spaces. According to the final . Saint Rose of Lima Parish Master Plan Traffic Study, 379 off-site parking spaces are needed to accommodate the Sunday peak parking demand (544 parking space demand minus 165 on-site parking proposed = 379 off-site parking spaces). Therefore. the ChulaVista Gateway site can accommodate these 379 spaces during the Sunday peak period (761 > 379). .'(J.20 Fri.H.. I{(),ld S.1Il Di(~g(\. C.\li!l)fI1i,1 q~lln..2';'I(, . '1>1'1) ~<lIII-(}_- . F_\x: IhIQI..2I)I..,llb"} . r'i(~"!1~jrh'l'ril1~.,(1In SAN D (EGO RIVERSIDE OR.\t"JGE Sc\CRA,v1ENTO PHOENIX TUCSON Mr. Jeff Steichen March 14,2007 Page 2 However, these current parking occupancy counts assume Chula Vista Gateway to be partially leased out. Therefore, in conservatively assuming that doubling the peak parking occupancy (8.8% x 2 = 18%) to represent a fully leased out Chula Vista Gateway project, this would relate to 148 vehicle parked with 677 empty parking spaces on a typical Sunday. Even with this conservative assumption, the Chula Vista Gateway site can accommodate the 379 off-site spaces during the Sunday peak period (677 > 379). CONCLUSIONS Based on the Sunday parking occupancy count conducted, ample off-site Sunday parking for the Saint Rose of Lima Master Plan can be provided at the Chula Vista Gateway site. As mentioned in the Final Saint Rose of Lima Parish Master Plan Traffic Study, at least 544 parking spaces (on-and off-site combined) would need to be provided to accommodate Sunday peak parking demands. With a minimum of 165 on-site parking spaces proposed, an additional 379 off-site parking spaces would be needed. Saint Rose of Lima Parish proposes to utilize the following off-site locations to help meet the peak Sunday parking demand: Offsite parkinQ: location Alvarado Street Sharp-Rees Steely Clinic Chula Vista Gateway Site Available parkinQ: spaces 70 76 819 TOTAL: 965 Appropriate parking agreements have been obtained to utilize both Sharp-Rees Steely Clinic and Chula Vista Gateway off-site parking locations. Should you have any questions, please contact me at (619) 291-0707. G COMPANY .< / ./' .~ @~.J~~E~ mj)~xt\14615C.OO I.doc Attachments cc: Mr. Dave Kaplan - CityofChula Vista Mr. Deacon Greg Smyth, Saint Rose of Lima Parish '" ..J co < .... ;.. 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L - {t>oursiJ'L GADV~ rLDDt!, r \>(\.Htj,.wil.,,\ ~ :> r f -v\;:- 1// :p I : I r I I . 1/ ~ ~Iq c&/Cb I ~ f: I It I \'t- t .1 I '/ ~ iO-:-~~ LA;,\ l\ S(r-tt \' ChuLK1 0S'[1"A, bA r€-04j '?A e 'Cr to d- 6J.. - d-S- - D 7 ..I:IJS1J.e. Le.veL 3 ~ 1 J..-3 : Jr t ,; : t r t ,~: : I Jr l' 'i' n h -.I K '" /~ g 18 9-.. 3 5 Ilr}9 g{l iJ L.f-Lf~ ) .s: l..y '1 e -!( T Lf' /';;z 1 \!) t ~t ..! If) /5 ~ I <] LE..\Je L i ( is ./ / S ~ t ~f t t'+ a '-I 9~ i t. :c 5 "fib'; '1t;!.Lf Ii' ;? ~ >- <!. ~4 '..- v) 1 j Lf '8 ,J ~ ,B ~ ~ ~ ~ TABLE A CHULA VISTA GATEWAY SUNDAY PARKING STRUCTURE OCCUPANCY-COUNT SUMMARY j~;~~~;k~~Ji LEVEL 3 . ~;~~fi~~t:t LEVEL 1 TIME 7;OD AM 7;30 AM 8;00 AM 8;30 AM 9;00 AM 9;30 AM 1;00 PM 1;30PM 2;00 PM 2;30 PM 1- 3;00 PM 3;30 PM 4;00 PM 4;30 PM 5;00 PM 5;30 PM 6;00 PM Note: Parking occupancy counts conducted on Sunday, February 25. 2007. Parking Supply: (} o o c5 fJ o o o o 6 D o D o LEVEL 5 parked rn.':;~?ff~rke~ . c o () a 6 o 6 o o ATTACHMENT 9 PROPOSED PRECISE PLAN GUIDELINES PROPOSED PRECISE PLAN GUIDELINES PCZ-07-02 Minimum Building Setbacks: Third Avenue: o feet Alvarado Street: o feet H Street: o feet Building Height: 54 feet (top of roof) 90 feet (top of spire) Fence Height: 8 feet height (along interior/eastern) property line Parking: 261 of required parking spaces allowed off- site. Shared parking will be allowed in conjunction the following: I) parking study showing excess parking available fi:om DONOR during time of applicants need for such spaces 2) copy of agreement between DONOR and RECIPIENT. Off-site Pedestrian Access: Modification of Section 19.62.040 of CYMC to reqUIre only a two party agreement between applicant and City required ensunng that off-site parking spaces will be provided. ATTACHMENT 10 ADOPTED NOTICE OF DECISION AND MEETING MINUTES FROM DESIGN REVIEW COMMITTEE ~{f? ~ ~~ .-. - Design Review Committee NOTICE OF DECISION CIlY OF CHULA VISTA Date: Case No.: Deposit Acct No. Project Planner: May 7, 2007 DRC-06-50 BL-765 Jeff Steichen Notice is hereby given that on May 7, 2007, the Design Review Committee considered a Design Review application filed by St. Rose of Lima Catholic Parish, requesting approval of a phased renovation of the existing church campus ("Project") at the northeast corner of Third and H Streets ("Project Site"). The Project is located within the R3 (Apartment Residential) Zone. The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined, based upon the results of Initial Study IS-06-013, the project could result in significant effects on the environment. However, revisions to the project made by or agreed to be the applicant would avoid the effects or mitigate the effects to a point where, clearly, no significant effects would occur; therefore, a Mitigated Negative Declaration has been prepared. The Design Review Committee; under the provisions of Section 19.14.582.1 of the Chula Vista Municipal Code, and based on the adopted development regulations and design guidelines, and proposed precise plan guidelines (P 07-02) applicable to Project Site has conditionally approved the Project contingent upon approval of Conditional Use Permit, PCC 06-42, Rezone, PCZ 07-02 and subject to the conditions listed below. The conditions of approval shall be satisfied to the satisfaction of the City prior to issuance of building permits, unless otherwise specified on the individual conditions: Planning: I. Prior to, or in conjunction with the submittal of plans for the first building permit, pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ- 1299. 2. The colors and materials specified on the building plans must be consistent with the colors and materials shown on the site plan and materials board approved by the Design Review Committee on May 7,2007, or as subsequently modified per their direction 3. Window treatment of south elevation of second floor school administration building shall be modified to incorporate the use of rosette window. 4. Prior to issuance of first building permit for Phase I, applicant shall provide the City with the following: I) a copy of private parking agreement between the DONOR facility and RECEPIENT ; 2) a 2 party agreement between City and applicant whereby applicant DRC- 06-50 Page 2 agrees to provide for a minimmn of 46 off-site parking spaces. Said agreement shall be reviewed and approved by Planniog, Engineering and City Attorney. 5. Prior to issuance of building permits for Phase III, applicant shall provide the City with the following: I) copy of current contract between parking donor and applicant for a minimum of 257 required off-site parking spaces, 2) new Shared Parking Study to verify parking stiIl available and 3) updated 2 party agreement between City and applicant to provide all required parking. 6. Prior to issuance of building permits for Phase III, A final landscape and irrigation plan prepared by a landscape architect and submitted for review and approval prior to issuance of building permits. 7. All ground mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry waIls, berming, and/or landscaping to the satisfaction of the City. 8. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted for any building and wall plans and shall be reviewed and approved by the Director of Planning & Building prior to the issuance of building permits. Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of the CVMC regarding graffiti controL 9. The Applicant shall develop, submit and obtain approval of "Recycling and Solid Waste Management Plan" by the City's Conservation Coordinator. The synopsis of the plan shall be included in the notes on the Building Plans. The plan shall demonstrate those steps that the Applicant will take to comply ,with the Municipal Code, including but not limited to Sections 8.24 and 8.25, and meet the State mandate to reduce or divert 50 % of the waste generated by commercial, residential and industrial developments. The Applicant shall contract with the City's fi:anchise hauler throughout the construction and occupancy phase of the project. A "Recycling and Solid Waste Management Guide" is available at the Planning and Building Department counter. The Plan shall include a statement of how the Applicant will implement and participate in the Recycling and Solid Waste Management Plan requirements. The proposed trash enclosure shall be designed with appropriate screening. Said plan must include information to indicate how yard waste will be diverted. 10. Prior to construction of Phase III, applicant shall return to Design Review Committee for review and approval of !be church/sanctuary. Design approval shall be based upon conceptual plans for church approved on May 7, 2007. In addition,. design shall incorporate the existing architectural mission theme as well as color and material elements of the Gateway Plaza to the west. DRC- 06-50 Page 3 Engineering: II. The following fees shall be paid based upon the final building plans submitted: a) Sewer Connection and Capacities fees b) Development Impact Fees c) Traffic Signal Fees 12. The applicant shall obtain a construction permit fi:om the Engineering Department to perform the following work in the City's right-of-way: a) Sewer lateral connections to existing public utilities. The Public Works Operations Sewer Section will need to inspect any existing sewer laterals proposed to be used with the project and determine if they require replacement. Any proposed future sewer connections should be shown. b) All existing driveways or existing pedestrian ramps along the project fi:ontage shall be removed and replaced to meet current City and American Disability Act (ADA) standards. Any cracked or broken sections of curb, gutter or sidewalk along the project frontage shall be removed and replaced as determined by City inspectors. c) Seven and one-half (7 \'2) feet of street widening along H Street with a transition to existing curb line between the two proposed driveways. New sidewalk along H St shall be 8 feet wide and transition to existing sidewalk as approved by the City Engineer. Relocation of any existing utilities such as storm drains or traffic signals as a result of the street widening shall be the responsibility of the applicant. 13. Grading plans in conformance to the City's Subdivision Manual and a grading permit will be required prior to issuance of any building permits. A drainage study and geotechnical/soils study are required with the first submittal of grading plans. The drainage study should show pre and post-construction storm drainage flows into the public drainage system and/or streets. If the post-construction flow exceeds the existing or pre-construction flow, detention basins may be needed to detain the additional flow created by !be proposed project. 14. Dedication of sufficient right-of-way along H St to accommodate street widening required by condition 12 above. Dedication of right-of-way as needed along any fronting street for installation of new driveways and/or pedestrian ramps to meet current ADA requirements. 15. An improvement plan prepared by a Registered Civil Engineer showing the street widening on 'H' Street shall be submitted to the City and said improvements shall be guaranteed by bonding before approval of any Building Permits. Any additional improvements required as a result of the widening (storm drain inlet relocation, traffic DRC- 06-50 Page 4 signal relocation, pedestrian ramp relocation, etc.) shall be included on said improvement plans. Storm Water Management 16. The applicant is required to complete the applicable Storm Water Compliance Forms and comply with the City of Chula Vista's Storm Water Management Standards Requirements Manual. 17. The applicant is required to implement Best Management Practices (BMPs) to prevent pollution of the 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 construction and non-structural BMPs requirements that cannot be shown graphically must be either noted or stapled on the plans. 18. The City of Chula Vista requires that all new development and significant redevelopment projects comply with the requirements of the NPDES 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 Storm Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria. 19. Development of the project shall comply 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 requiretnents for urban runoff and storm water discharge, and any regulations adopted by the City of ChuIa Vista pursuant to the NPDES regulations and requirements. Further, the applicant shall file a Notice of Intent (NOl) with the State Water Resource Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post-construction pollution prevention and pollution control measures, and shall identify funding mechanisms for the maintenance of post- construction control measures. 20. The applicant is required to identify storm water pollutants that are potentially generated at the facility, and propose Best Management Practices (BMPs) that will be implemented to prevent such pollutants fi:om entering the storm drainage systems. 21. A water quality study will be required to demonstrate compliance with the requirements of the National Pollutant Discharge Elimination System (NPDES) Construction and Municipal Permits, including Standard Urban Storm Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria requirements, with the first submittal of grading/improvement plans, in accordance with the City's Manual. DRC- 06-50 Page 5 Fire: 22. Building permits shall comply with 2001 Ca. Fire Code, and applicable Chula Vista Fire Department regulations. Contact Fire Inspector Gary Edmonds at 619-409-5851 for specific requirements prior to permit submittal. 23. Prior to issuance of building permits, the applicant shall submit a revised plans to the Fire Department for review and approval which comply with the following: a. Relocate the proposed Fire Department Connection and Post Indicator Valve. to the median or other accessible location within the proposed parking lot. b. Two additional (on-site) fire hydrants shall be provided, one on each of the street sides of the proposed rolling gates for the middle parking lot area. Said hydrants must be within 50 feet of the Fire Department Connections. 24. Buildings shall be protected by an approved fire sprinkler and alarm system, as required by the Fire Department. 25. Comply with all other requirements of the Fire Department including obtaining an operational permit of public assembly. This Design Review approval 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 Applicant and after the City has given to the Applicant 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 Applicant of a substantial revenue source which the Applicant cannot, in the normal operation of the use permitted, be expected to economically recoVer. 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. The property owner and the applicant shall execute this document by making a true copy of this Notice of Decision and signing both this original notice and the copy on the lines provided below, said execution indicating that the property owner and applicant have each read, understood and agreed to 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 prior to submittal for building permits to the Planning Department 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 St Rose of Lima Catbolic Parish, 293 H St. Date Signature of Autborized Representative Date DRC- 06-50 Page 6 PASSED AND APPROVED BY THE DESIGN REVIEW COMMITTEE OF THE CITY OF CHULA VISTA, CALIFORNIA, this 7th day of May, 2007. AYES: Bringas, Calvo, Hogan NOES: ABSTAIN: Alberdi 4:52:59 PM 5;14:40 PM 4:54:31 PM Design Review Committee Minutes 5 Mav 7, 2007 3. DRC-06-S0 St. .Rose of Lima Catholic Parish of the Diocese of San Diego The project is located at 293 H Street. Desiqn Review for the phased renovation and expansion of the existinq St. Rose of Lima Catholic Church and Parochial School. Project Manager: Jeff Steichen, Associate Planner Chair Alberdi recused himself for this item and stated Mr. Bringas would be leading this part of the meeting. Staff Presentation: Mr. Jeff Steichen, Associate Planner, presented the project details to the committee. He stated that the project is located at 293 H Street and proposes a phased renovation and expansion of the existing St. Rose of Lima Catholic Church and Parochial School. He added that as far as the parking is concerned, because the project is based upon the Urban Core Specific Plan, the residential areas were taken out. Therefore, this project will be processed based upon the Municipal Code standards and as a result, a total of 429 parking spaces will be required at Phase 3 build out. The applicant is proposing 169 onsite parking spaces and is in the process of obtaining a formal agreement with the Gateway Center across the westside of Third Avenue to utilize their large parking structure to accommodate the 260 required offsite parking spaces. Aoolicant Presentation: Father John Dolan, pastor of St. Rose of Lima parish, introduced himself, project manager Deacon Greg Smyth and their architect, David Pfeifer with Dominy and Associates. Deacon Smyth stated they are here to seek approval of a master plan for their conditional use permit, which involves phased repiacement of their facilities. Mr. Pfeifer presented a PowerPoint presentation to the committee. STAFF RECOMMENDATION: That the Design Review Committee approve of the project subject to the conditions stated in the draft Notice of Decision. Public Comments: None Design Review Committee Minutes 6 Mav 7, 2007 COMMITTEE DISCUSSION: 5;15;02 PM During discussions, the following were noted as Committee comments/major concerns: . How was it determined where the arcade was going to be. It doesn't seem consistent as to where the windows are squared and where there is an arcade. a Mr. Pfeifer stated they did not want it to look like one huge building. They wanted to retain the sense of it being a campus of smaller buildings. They felt if they did a continuous arcade all the way around the building, it would have made it feel too massive. . Would like to see a circular element of a window on the fa~ade that faces the play. area on the northern portion of the school site. a Mr. Pfeifer said that was very doable. . It looks like the arcade between the school and parish hall along Third Avenue will be open to the street. Is the intention to have fencing or something closing off the arches so pedestrians do not go through there. a Mr. Pfeifer stated there are 12-foot tall arches in the center elevation and the lower 6-feet of them will be solid wall. There will be security grills or ornamental iron above that. . Since there is no elevation or rendering with the tower on the opposite side, other than blocking the entry courtyard, are there any other implications that will have. a Deacon Smyth said the diocesan liturgical committee generally likes to see a gathering area outside the front door in churches. With the tower in the original position, it impinged upon the gathering area. By moving it over, it made the gathering area larger. He also stated the City asked them to put a right turn lane on H Street, which caused them to have to cheat the building S to 8-feet north. The fact that the tower was moved over gave them the luxury of doing that without hurting the gathering area. . In looking at the corners on Third Avenue, H Street and Alvarado, they feel like the back of the church and wondered if there was a way to make them feel more like a corner point of view than what it is right now. a Mr. Pfeifer stated that the church is S-years down the road. What they are looking for at this time is the approval of the master plan of phases 1 and 2. When the church is designed, it would come back to the Design Review Board and they would have really studied those issues. Deacon Smyth added that Community Development stipulated that they had to have a door there and there is an entry now incorporated in the floor plan of the church. It is a work in progress and completion is contingent upon fundraising. . Are there any materials, colors or textures that could be used as accent points to the Gateway Center without trying to be a mirror image in character, but being complimentary to it. a Father Dolan said from the onset, they wanted to make sure it would compliment the Gateway Center. He felt they could include some of the elements on their project. Mr. Steichen clarified that tonight, the committee would be approving the master plan and the architectural design of phases 1 and 2. They have added into the conditions of approval, Item #10, that states prior to construction of phase 3, applicant shall return to Design Review Committee Minutes 7 Mav 7, 2007 the Design Review Committee for review and approval of the church sanctuary. Design approval should be based upon conceptual plans for the church approved today. In addition, the design shall incorporate the existing architectural mission theme and this would be the appropriate spot if the committee wanted to add any additional language regarding the church. H;34 PM MSC (BringasjHogan) (3-0-1-0) Approve DRC-06-S0 project as presented with the condition on item #10 to incorporate accent colors and materials that would be complimentary to the Gateway Plaza, which can be reviewed in the future; and adding the rosette onto the phase 1 building which faces the play. area. J2:SS PM Chair Alberdi rejoined the meeting at this time. ATTACHMENT 11 PLANS (ATTACHED TO PACKET) ATTACHMENT 12 OWNERSHIP DISCLOSURE FORM ~I!?- -,- r __ P I ann n g & Building Planning Division J Department Development Processing CITY OF CHULA VISTA APPLICATION APPENDIX B Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that wiil require discretionary action by the Councii, Planning Commission and ail other official bodies of the City, a statement of disclosure of certain ownership or financiai interests, payments, or campaign contributions for a City of Chuia Vista eiection must be filed. The following information must be disciosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, materiai supplier. OWNER: THE ROMAN CATEOLIC.BISHOP OF SAN DIEGO, A SOLE CORPORATION DBA ST. ROSE OF LIMA CATHOLIC BARISH, 293 H STREET, CHULA VISTA, CA 91910 2. if any person. identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. N/A 3. If any person. identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. THE ROMAN CATHOLIC BISHOP OF SAN. DIEGO, A SOLE CORPORATION DBA ST. ROSE OF LIMA CATHOLIC PARISH FATHER JOHN ))OLAN 4. Please identifyevery person, including any agents, employees, consultants, or Independent contractors you have assigned to represent you before the City in this matter. FATHER JOHN DOLAN DEACON GREG SMYTH MR. j)AVID PFEIFER, AIA MR. A. LEWIS'DOMINY, AIA 5. Has any person. associated with this contract had any financiai dealings with an official- of the City of Chula Vista as it relates to this contract within the past 12 months. Yes_ No~ If Yes, briefiy describe the nature of the financial interest the official.. may have in this contract 6. Have you made a contribution of more than $250 within the past tweive (12) months to a current member of the Chuia Vista City Council? No -.! Yes ~ If yes, which Councii member? . 176 Fourth Avenue ChuJa Vista California 91910 (619) 691-5101 ~\r~ -p- r - planninG o & Building Planning Division Department Development Processing mY OF CHUIA VISTA APPLICATION APPENDIX B Disclosure Statement - Page 2 7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No--L If Yes, which officlal** and what was the nature of item provided? Date: 09 SEPTEMBER 2006 f Contractor/Applicant REV. JOHN P. DOLAN, PASTOR type name of Contractor/Applicant Print or * Person is defined as: any individual, firm, co-partnership, joint venture; association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, cor any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner,. Member of a board, commission, or commitiee of the City, employee, or staff members. ....~----_._-_. _...____._. .___ ._'J]~_. Lq~LL.b., .0y_~~~~..__L__s:~h_~_.La.._~~'~_~p___ .t._f~.!L~E~J~___L _.._~-~~. ~g ___._.L. !_~2.~.1..~_:'..:_~~._~_~~___._ ". .--- ,-....-.....- -...-----.-..-.. CHULA VISTA PLANNING COMMISSION AGENDA STATEMENT Item: 4 Meeting Date: 6/27/07 ITEM TITLE: PCA-07-06, Consideration of two ordinances with proposed amendments to Title 19 of the Chula Vista Municipal Code relating to I) the name and functions of the Design Review Committee, and 2) the procedures for the Resource Conservation Commission to officially designate historic resources within the City ofChula Vista. SUBMITTED BY: John Schmitz, Principal Planner REVIEWED BY: Jim Hare, Assistant Director of Planning BACKGROUND The City Clerk has reviewed the sections of the Chula Vista Municipal Code dealing with the City's various appointed citizen advisory boards and commissions and has discovered that not all the rules and procedures are consistent, and that some are scattered in various sections throughout the code. In an effort to provide consistency in how these boards and commissions function, the City Clerk, in consultation with the City Attorney's Office and the departments charged with supporting the board or commission, has prepared a series of ordinance amendments that will place all appointment, terms and procedures in CVMC Title 2 - Administration and Personnel. Some of these changes involve Title 19, which, according to Sections 19.12.020 and 19.12.090, require a recommendation by the Planning Commission before approval by the City Council. ENVIRONMENT AL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity may have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION That the Planning Commission approve the attached resolution recommending that the City Council adopt the two proposed ordinances amending sections of Title 19 to: I) rename the Design Review Committee to the Design Review Board throughout, relocate certain procedure PCA-06-02 Page No.2 requirements from Title 19 to Title 2, and make minor amendments to the design review process and procedure requirements that will remain in Title 19; and, 2) relocate the historic designation procedures used by the Resource Conservation Commission from Title 2 to Title 19. DISCUSSION As noted in the Background section of this report, the City Clerk's proposed ordinance amendments are intended to be primarily "housekeeping" changes to provide consistency in locating the regulations for how the various boards and commissions are appointed, meet and conduct their business. This hearing is for the Planning Commission to consider two of the ordinance documents that the Clerk has prepared because they involve changes to Title 19. The Planning Commission is charged with reviewing changes to Title 19 and making a recommendation to the City Council for consideration before taking action. Design Review Committee (DRC) The Clerk's primary goal is to get all the language dealing with the purpose, membership and basic functions of a board or commission in Title 2 - Administration and Personnel. Currently there is no chapter in Title 2 dealing with the design review advisory group and that all of the ordinance "intent" and "function" language is in Title 19 - Zoning and Specific Plans. This amendment would correct that by creating a Chapter 2.49 devoted to the "Design Review Board." The Clerk also noticed that this appointed advisory body is the only one not officially referred to as a board or commission. In consultation with Planning Division staff it was decided that renaming the "committee" to "board" was appropriate and would be consistent with the term used in many other local jurisdictions. While working on this ordinance change, staff further noted that some of the findings and procedures for the design review process are either not clear or do not reflect standard practice for other discretionary applications processed within the Planning and Building Department. It was decided that this would be an appropriate time to make some minor amendments to address this issue. The proposed name change and procedural clarifications were presented to the DRC for their review and comment on March 5 of this year. The DRC had only one objection to a staff proposal that was intended to clarify what projects the Zoning Administrator could act upon. This earlier proposal would have allowed the Zoning Administrator to act upon new buildings up to 20,000 square feet in size. In response to the DRC's concern, and in keeping with the intent that this ordinance amendment be a housekeeping exercise, not an extensive rework of the code, staff has removed that section from consideration at this time. Resource Conservation Commission (RCC) The RCC has responsibility for considering whether a property is historically significant and making a recommendation to the City Council on whether the property should be listed with other recognized historic places in Chula Vista. Such properties could also receive a special designation that would help preserve it by limiting the physical changes allowed, and making it eligible for a Mills Act agreement to reduce the property taxes. Currently the descriptions of the purpose and duties of the RCC are located in CVMC Title 2, along with the procedures for how the RCC goes about reviewing and making a recommendation on designating a historic property. To make the Title 2 language for the RCC consistent with the PCA-06-02 Page No.3 other boards and commissions, the Clerk is proposing to pull the detailed historic designation procedures out of Title 2 and place them in a new chapter in Title 19. This proposed change was reviewed with the RCC at their meeting of April 16th and the commission had no objections. DECISION-MAKER CONFLICTS: Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations Section I 8704.2(a)(1) is not applicable to this decision. FISCAL IMPACT The adoption of this ordinance amendment will not alter the way design review or historic preservation activities are currently conducted in the City of Chula Vista thus there will be no impact on the City's general fund. ATTACHMENTS 1 Draft Planning Commission Resolution 2 Draft Ordinances (2) J:\PlanninglJohnS\ZO Update\Interim-Maint Issues\City Clerk Amcnd\StafT Reports\PC Agenda Statement.doc PCA 07-06 Staff Report A TT ACHMENT 1 RESOLUTION NO. PCA-07-06 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCES AMENDING PORTIONS OF TITLE 19 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO THE NAME AND FUNCTIONS OF THE DESIGN REVIEW COMMITTEE AND THE PROCEDURES FOR THE RESOURCE CONSERVATION COMMISSION TO OFFICIALLY DESIGNATE HISTORIC RESOURCES IN THE CITY OF CHULA VISTA. WHEREAS, the City Clerk of the City of Chula Vista is proposing a senes of housekeeping amendments to the Chula Vista Municipal Code (CVMC) to provide consistency in where regulations are located and how the various appointed citizen advisory boards and commissions function; and, WHEREAS, Planning Division staff has worked with the City Clerk and the City Attorney to review the existing regulations for the Design Review Committee and the Resource Conservation Commission to determine what amendments would be appropriate in keeping with the housekeeping theme of this effort; and, WHEREAS, proposed organization and language changes to Title 2 - Administration & Personnel, and Title 19 - Zoning & Specific Plans were developed and reviewed with the Design Review Committee and with the Resource Conservation Commission at regularly scheduled public meetings on March 5, 2007, and April 16, 2007, respectively; and, WHEREAS, CVMC Sections 19.12.020 and 19.12.090 require that the City Council receive a recommendation from the Planning Commission when considering any amendments to CVMC Title 19; and, WHEREAS, the Environmental Review Coordinator has determined that the proposed ordinance amendment is exempt pursuant to Section l506l(b)(3)(General Rule) of the State CEQA Guidelines; and, WHEREAS, the Planning Commission set the time and place for a hearing on said amendment and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City as least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely June 27, 2007, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Chula Vista that from the facts presented at the hearing it finds as follows: Page 2 I. That the name of the Design Review Committee should be changed to Design Review Board to be consistent with the language of the City Charter which only uses the terms boards and commissions for appointed citizen advisory groups. 2. That the proposed organization and language changes for the Design Review Board and the Resource Conservation Commission are necessary and appropriate given the City Clerk's effort to bring clarity and consistency to the regulation for all the City of Chula Vista's boards and commissions. 3. That the draft ordinances attached to this resolution and shown as Attachments "A" and "B" accurately reflect the changes, if any, the Planning Commission deems necessary. BE IT FURTHER RESOLVED by the Planning Commission of the City ofChula Vista that it recommends that the City Council adopt the ordinances, attached to this Resolution as Attachments "A" and "B", amending portions of Title 19 of the Chula Vista Municipal Code relating to the name and functions of the Design Review Committee and the procedures for the Resource Conservation Commission to officially designate historic resources in the City of Chula Vista. BE IT FURTHER RESOLVED by the Planning Commission of the City ofChula Vista that a copy of this Resolution and its Attachment be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 27'h day of June, 2007, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: Brian Felber, Chair Diana Vargas Secretary to Planning Commission J:\PlanningVohnS\ZO Update\Interim-Maint Issues\City Clerk AmendIStaffReports\PCA-07-06_PC Reso.doc PCA 07-06 Staff Report A TT ACHMENT 2 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING PORTIONS OF MUNICIPAL CODE TITLES 2, 15 AND 19 REGARDING THE DESIGN REVIEW COMMITTEE AND RENAMING THE COMMITTEE TO THE DESIGN REVIEW BOARD WHEREAS, the City Clerk's Office provides support for all boards and commissions in the member appointment and reappointment process; by collecting attendance and activity reports; and by providing training to members and staff on meeting protocol, agenda and noticing requirements, and operational rules and regulations; and WHEREAS, the rules and regulations governing boards and commissions are currently contained in the Municipal Code, Charter, Council Policies, and City Council minutes; and WHEREAS, the City Clerk has identified inconsistent, redundant, outdated, and conflicting rules and regulations pertaining to the treatment of boards and commissions, which has made it difficult to provide adequate training and which has resulted in inefficiency and a waste ofresources in the administration of boards and commissions; and WHEREAS, among the inconsistencies is the fact that the Design Review Committee is treated in significant ways as a City board or commission; its rules are similar to those governing boards and commissions; but it is created and governed by rules that are housed in chapter 19.14 of the Municipal Code, separate from the creating ordinances and rules governing other boards and commissions; and WHEREAS, the City Clerk proposes that the Design Review Committee be re-designated as the Design Review Board so that the rules governing appointment and reappointment of its members and the administration of its day-to-day activities are clearly the same as those governing other City boards and commissions; and WHEREAS, the City Clerk proposes to retain the substantive functions, duties, and responsibilities of the Design Review Committee currently set forth in Municipal Code chapter 19.14 and to amend chapter 19.14 to remove the language governing the creation, intent and purpose, membership qualifications, meeting requirements, and similar matters and place them in chapter 2.49 of Title 2, which contains the establishment ordinances for other boards and commissions; and WHEREAS, the City Clerk further proposes housekeeping amendments to other sections of the Municipal Code to reflect the change in name from Design Review Committee to Design Review Board; and WHEREAS, the Planning Director and Planning Commission concur with the City Clerk's proposals; and WHEREAS, the City Council recognizes the significance of the problems identified by the City Clerk and believes that it is in the best interests of the City to adopt the City Clerk's recommendations. NOW, THEREFORE, the City Council of the City ofChula Vista does hereby ordain as follows: SECTION I. Municipal Code Chapter 2.49 is hereby created to contain language formerly found in Municipal Code Sections 19.14.581, 19.14.584, 19.14.588, to read as follows: Chapter 2.49 Design Review Board 2.49.010 Creation of Design Review Board. In order to relieve the Planning Commission of certain routine functions necessary to the proper administration of CVMC Title 19, to intensify this municipality's efforts to improve its townscape, and to promote the orderly growth and amenity of the City and environs, there is established a Design Review Board with such authority as is granted by this chapter and CVMC sections 19.14.579 through 19.14.600. The provisions of this chapter and CVMC chapter 2.25 shall govern this Board. 2.49.020 Purpose and intent. The Design Review Board's purpose is to ensure that development within the City of Chula Vista is orderly, of high quality, and consistent with City-approved design guidelines. 2.49.030 Functions and duties. The functions and duties of the Design Review Board are generally to review plans and to review appeals of sign design rulings. The Board's functions and duties are more specifically set forth in CVMC 19.14.582. 2.49.040 Membership. A. The Design Review Board shall consist of five members appointed by a majority vote of the Council. The membership shall be comprised of persons sensitive to design consideration and interested in townscape matters. Persons qualified for membership shall include architects, landscape architects, land planners, developers, and other design professionals with suitable experience. B. All members should be familiar with and able to read and interpret architectural drawings; be able to judge the effect of a proposed project, structure, or sign upon the surrounding neighborhood and community; and be able to determine the validity of the cost/benefit reports submitted by applicants in the consideration of potential modifications. 2.49.050 Regular meetings to be held twice a month. The Design Review Board shall meet at least twice each month. The Board may also call special meetings in accordance with CVMC 2.25.340. SECTION II. Municipal Code sections 2.55.020 and 2.55.080 are hereby amended to read as follows: 2 2.55.020 Purpose and intent. It is the purpose and intent of the City Council in establishing the Chula Vista Redevelopment Corporation to create a separate entity to serve as a resource to, and to advise and make recommendations to, the City Council and Redevelopment Agency regarding planning and redevelopment of designated territories and areas of the City. The Redevelopment Corporation shall assume certain powers and responsibilities with respect to planning and redevelopment that were previously delegated or assigned to the Redevelopment Agency, the Planning and Resource Conservation Commissions, and the Design Review Board of the City. 2.55.080 Previous Design Review Board functions. Notwithstanding any provision of CVMC chapter 19.14, the Chula Vista Redevelopment Corporation shall carry out the duties of the Design Review Board within those geographic areas of the City that the City Council designates as areas within which the Chula Vista Redevelopment Corporation has the authority to exercise planning and redevelopment functions. SECTION III. Municipal Code section 15.44.030 is hereby amended to read as follows: 15.44.030 Application for permit. A. Whenever an existing building, house or structure is moved from its present location outside the City to a new location within the City, or !Tom one location within the City to another location within the City, the house mover or other person, firm or corporation moving a house, building, or structure shall, prior to moving, file an application for a moving permit with the Department of Planning and Building. The application shall contain the following information: I. Present location of building to be moved; 2. Location to which it is proposed to move the building; 3. Route proposed to be followed in moving the building; 4. A sufficient number of detailed plans and specifications of work to be done that shall include and indicate all exterior and interior alterations and decorating, elevations, additions and repairs, together with such other plans and plats that may be required by any other ordinance of the City; 5. Buildings to be used in multifamily projects shall also be subject to design review through the Design Review Board, as provided under CVMC 19.14.582. The fee shall be as specified in the master fee schedule; 6. Colored photographs of building elevation before moving and buildings immediately adjacent to the new building location; 7. A termite and fungus inspection report by a California-licensed pest control company. Infestation and fungus, when found, shall be corrected and a certificate issued by the pest control company doing the work. 3 B. Upon receipt of a moving permit application and the payment of a plan check fee, the Building Official shall cause an inspection to be made of the building or structure. A report of the inspection shall be included with the permit records. C. Any application for a permit to move any building, house or structure may be denied by the Building Official if, in the opinion of the Building Official, the building, house or structure cannot be altered or rehabilitated to conform to the Housing Code as adopted by the City. SECTION IV. Municipal Code section 19.06.030 is hereby amended to read as follows: 19.06.030 Implementation. The systematic implementation of the general plan or any general plan element as provided in Section 65303 of the Government Code of the state may be undertaken by the adoption of specific plans, which shall include all detailed regulations, conditions, programs and proposed legislation that may be necessary or convenient for such implementation. The general plan may also be implemented by the adoption of zoning ordinances that shall, in accordance with Section 65860 of the Government Code of the state, be consistent with the general plan. When a general plan amendment is adopted and existing zoning is thereby inconsistent with the general plan, and the developer desires to develop the property in accordance with the existing zoning, the developer must first submit a proposed amendment to the general plan. All amendments shall be subject to public hearings by the Planning Commission and the City Council. If the amendment is adopted, the developer can proceed with the normal processing of the development proposal. Notwithstanding the above provisions, those projects that have been substantially processed consistent with existing zoning and that are affected by the general plan amendment may proceed; provided that the Zoning Administrator issues, in each case, a permit to complete processing based upon the findings that the effectiveness of the general plan and the order and amenity of the community would not be substantially impaired by the issuance of the permit. Projects shall be deemed to be substantially processed where the property owners have procured approved tentative subdivision or parcel maps, building permits, conditional use permits, or Design Review Board approvals in furtherance of the proposed projects. The Zoning Administrator, furthermore, may deem that projects have been substantially processed where the involved property owners have submitted tentative subdivision or parcel maps or applications for design review, but are awaiting consideration by the appropriate City agency or official, as well as projects that have been submitted to the Department of Planning and Building for design review consideration not more than six months prior to the adoption of the general plan. The property owner shall provide evidence to the Zoning Administrator not more than 90 days after the general plan adoption that the submittal of project plans has occurred within the aforementioned specified period to qualify for this provision. In addition, projects that have been submitted to the Department of Planning and Building for design review consideration after the adoption of the 1989 general plan update (July II, 1989) and before the adoption of Ordinance No. 2327 (September 5, 1989) may be processed; provided the property owners submit evidence that such submittal has taken place. Appeals to the Planning Commission from the actions of the Zoning Administrator may be filed within 10 days after the dates of the actions of the Zoning Administrator. Further appeals to the City Council may be submitted pursuant to the provisions ofCVMC 19.14.110 and 19.14.130. 4 SECTION V. Municipal Code section 19.07.030 is hereby amended to read as follows: 19.07.030 Zoning implementation A. Specific plans may be implemented through the adoption of standard zoning ordinances, the planned community zone, as provided in this title, or by plan effectuation standards incorporated within the text of an individual specific plan. The method of implementing an individual specific plan shall be established and expressed by its adopting resolution or ordinance. If the specific plan is to be implemented through the use of standard zones, any open space uses or other public uses so designated on the specific plan may be allowed to be developed in a manner logically consistent with and in conformity to adjacent and contiguous land uses as shown on the specific plan; provided, however, the developer must show that such development, which must be residential, thus allowed will not increase the overall density of the total area incorporated into the specific plan. Further, in no case shall any designated open space land, or land designated for other public use in the specific plan, be developed for any use other than residential. Should all adjacent and contiguous land uses be designated for uses other than residential, the underlying land use on such open space may be requested for development at no greater density than that allowed in the R-E zone. B. If any territory subject to an adopted specific plan is zoned P-C, the involved property owners may register their concurrence with terms and provisions of the adopted specific plan, and may proceed with development in accordance therewith; provided that the required fees are paid and the procedural and substantive requirements of the P-C zone are met. The registration of concurrence shall, by operation of law, establish the adopted specific plan as the general development plan of the involved P-C zone. If the property owners do not register their concurrence with the terms and provisions of the adopted specific plan, they may proceed with the development of their property through the use of standard zoning, as provided hereinabove. C. When a specific plan is adopted and existing zoning is thereby inconsistent with the specific plan, and the developer desires to develop the property in accordance with the existing zoning, the developer must first submit a proposed amendment to the specific plan. All such amendments shall be subject to public hearings by the Planning Commission and the City Council. If the amendment is adopted, the developer can proceed with the normal processing of the development proposal. Notwithstanding the above provisions, those projects that have been substantially processed consistent with existing zoning and that are affected by a specific plan may proceed; provided that the Zoning Administrator issues in each case a permit to complete processing based upon the findings that the effectiveness of the specific plan and the order and amenity of the community would not be substantially impaired by the issuance of the permit. Projects shall be deemed to be substantially processed where the property owners have procured approved tentative subdivision or parcel maps, building permits, conditional use permits, or Design Review Board approvals in furtherance of the proposed projects. The Zoning Administrator, furthermore, may deem that projects have been substantially processed where the involved property owners have submitted tentative subdivision or parcel maps or applications for design review, but are awaiting consideration by the appropriate City agency or official. Appeals to the Planning Commission from the actions of the Zoning Administrator may be filed within 10 days after the dates of the actions. Further appeals to the City Council may be submitted pursuant to the provisions of CVMC 19.14.110 and 19.14.130. 5 SECTION VI. Municipal Code sections 19.14.050, 19.14.579, and 19.14.580 are hereby amended to read as follows: 19.14.050 Public hearing - Mandatory when. A. The Zoning Administrator may, at hislher option, refer any of the matters on which he/she is authorized to rule and/or issue a permit pursuant to CVMC 19.14.030 to the Planning Commission for review. In addition, a project applicant may request that any such matter be referred directly to the Planning Commission for action. In such cases, a public hearing as provided herein shall be mandatory. B. Pursuant to CVMC 19.14.030, any person who disagrees with the ruling of the Zoning Administrator may appeal such ruling to the Planning Commission. In such cases, a public hearing as provided herein shall be mandatory. y person who disagrees with a sign design ruling of the Zoning Administrator may appeal such ruling to the Design Review Board. In such cases, the sign project ruling under appeal shall be reviewed by the Design Review Board in accordance with CVMC 19.14.582. C. Notwithstanding the above provisions, the Zoning Administrator may, at hislher option, or upon appeal, refer applications for carnivals and circuses on which he/she is authorized to issue a permit to the City Council for review. In such cases, a public hearing as provided herein shall be mandatory. 19.14.579 Precise plan approval - Multiple-family dwellings and commercial or industrial projects. Notwithstanding the provisions of other sections of this chapter, the review of precise plans for multiple-family dwelling, mixed use, commercial, or industrial projects shall be procedurally governed by the rules adopted by the Design Review Board, created under CVMC chapter 2.49 19.14.580 Precise plan approval - Multiple-family dwellings and commercial or industrial projects - Zoning Administrator. Following the approval or conditional approval of a precise plan for a multiple- family dwelling, mixed use, commercial, or industrial project by the Design Review Board, or upon appeal by the Planning Commission or City Council, the Zoning Administrator shall issue a zoning permit, as provided in CVMC 19.14.500 through 19.14.550, and the Building Official shall ensure that the development is undertaken and completed in conformance with the approved plan. SECTION VII. Municipal Code section 19.14.582 is hereby amended to read as follows: 19.14.582 Functions and duties of the Design Review Board. A. The Design Review Board shall review plans for the establishment, location, expansion, or alteration of uses or structures in all planned residential developments, multi-family residential, mixed use, commercial, and industrial developments for all areas of the City, except within redevelopment project area boundaries. For areas not in a redevelopment project area, the Design Review Board shall approve, conditionally approve or deny such plans. When projects are within the boundaries of a redevelopment project area, pursuant to CVMC 19.14.592, the Design Review Board shall have no review authority unless a project is specifically referred to the Board by the Chula Vista Redevelopment Corporation for a recommendation. 6 B. The Design Review Board shall also review plans for the establishment, location, expansion or alteration of multiple-family dwelling uses, major use permits and commercial or industrial projects or structures located within the 1985 Montgomery annexation area and governed by CVMC chapter 19.70. C. The responsibility of the Design Review Board shall be limited to the review of site plans, landscaping, sign plans or programs, and the exterior design of buildings for consistency with City-approved design guidelines. In reviewing a project, the Board shall consider the costslbenefits of any recommended improvement as reported by the applicant and reviewed by the staff. D. The Design Review Board shall review all appeals filed to contest sign design rulings of the Zoning Administrator. E. The Design Review Board shall base its actions upon the following findings: 1. That the project is consistent with the goals and objectives of the Chula Vista General Plan. 2. That the project meets the development standards ofCVMC title 19. 3. That the project meets the provisions of the adopted design manuals of the City. F. The Design Review Board shall adopt its findings and actions in the form of written resolutions. G. The Design Review Board shall adopt operational procedures and bylaws. H. The fee for a hearing before the Design Review Board is set forth in the master fee schedule. 1. The Zoning Administrator has the discretion, with the concurrence of the applicant, to act in the place of the Design Review Board in the following situations: I. Minor projects, such as exterior remodels of existing non-residential buildings, including signs. 2. Commercial, industrial, or institutional additions that constitute less than a 50 percent increase in floor area or 20,000 square feet, whichever is less. 3. New residential projects of four units or less. 4. New commercial, industrial, or institutional projects with a total floor area of 20,000 square feet or less when such projects are located within a planned community area with its own design guidelines and design review process. A decision of the Zoning Administrator shall be documented in writing with the same finding requirements applicable to the Design Review Board, and may be appealed to the Design Review Board in the same manner as set forth in CVMC 19.14.583. The fee for Zoning Administrator design review is set forth in the master fee schedule. 7 SECTION VIII. Municipal Code section 19.14.583 is hereby amended to read as follows: 19.14.583 Procedure for appeals from Design Review Board decisions. A. Except on decisions involving redevelopment projects, the applicant or other interested persons may file an appeal from the decision of the Design Review Board to the Planning Commission within 10 working days after the decision is filed with the City Clerk. The applicant has the choice of filing an appeal from the Design Review Board directly to either the Planning Commission or City Council. The appeal shall be in writing and filed in triplicate with the Department of Planning and Building on forms prescribed for the appeal, and shall specify therein the argument against the decision of the Design Review Board. If an appeal is filed within the time limit specified, it automatically stays proceedings in the matter until a detennination is made by the Planning Commission or City Council. All appeals regarding projects within redevelopment projects shall be filed with the Director of Community Development and forwarded to the Redevelopment Agency. B. Upon the hearing of such appeal, the Planning Commission may, by resolution, affirm, reverse or modify, in whole or in part, any determination of the Design Review Board. The resolution must contain a finding of facts showing wherein the project meets or fails to meet the requirements of this chapter and the provisions of the design review manual. C. The decision of the Planning Commission may be appealed to the City Council in the same manner as set forth in this section for appeals to the Planning Commission. SECTION IX. Municipal Code section 19.14.587 is hereby amended to read as follows: 19.14.587 Effect of Design Review Board's Failure to have a Quorum. If a project is scheduled for a meeting of the Design Review Board for final approval and a quorum is not available for the scheduled meeting, the applicant may choose to have the matter considered by the Design Review Board at its next meeting, may request a special Board meeting to consider the matter, may request that the Board application be considered by the Planning Commission (at no additional cost to the applicant) at its next available meeting (subject to public noticing requirements) for action, or may request that the Board application be referred directly to the City Council (at no cost to the applicant) at its next available meeting (subject to public noticing requirements) for action. SECTION X. Municipal Code sections 19.14.591, 19.14.592 and 19.14.600 are hereby amended to read as follows: 19.14.591 Continuance of project. Any action by the Design Review Board to continue a project shall be done with the concurrence of the applicant. If the applicant does not agree to a continuance of the project, the Design Review Board shall render a decision. If the project is denied, an explanation of the reasons for denial shall be provided in a written resolution adopted by the Board pursuant to CVMC 19.14.582F. 8 19.14.592 Implementation of Design Review Board functions in designated areas by Chula Vista Redevelopment Corporation. In accordance with CVMC 2.55, and notwithstanding any provision of this chapter, the Chula Vista Redevelopment Corporation shall carry out the duties of the Design Review Board within those geographic areas of the City that the City Council designates as areas within which the Chula Vista Redevelopment Corporation has the authority to exercise planning and redevelopment functions. 19.14.600 Design review approval- Time limit for implementation - Extensions. A. Design review approval will be conditioned on the plan being implemented within one year after the effective approval date thereof. Implementation of the plan would include completion of construction or proof of substantial efforts by the property owner preparatory to construction. If building permits issued in reliance upon an approved plan subsequently expire, new pennits shall not be issued until the project has been issued an extension in the manner described in subsection B. B. An application for an extension of time must be submitted to the Zoning Administrator by the property owner or applicant prior to the expiration date of the original plan, and shall be accompanied by the required fee(s). Upon proper notice of the extension request, the Zoning Administrator may grant an extension of time for a currently valid plan, provided that the original findings of approval can still be made and there has been no material change of circumstances since the original grant of approval that would be injurious to the neighborhood or otherwise detrimental to the public welfare. C. No more than one extension of a plan may be granted by the Zoning Administrator, after which one additional extension may be granted by the Design Review Board after a public hearing. SECTION XI. The Municipal Code is hereby amended to replace the phrase "design review committee" with the phrase "Design Review Board" wherever it appears in Municipal Code sections 15.56.020, 19.28.060, 19.28.070, 19.28.190, 19.56.048, 19.58.0220, 19.58.345, 19.60.510, 19.60.520, 19.60.530, 19.60.540, 19.60.550, 19.60.560, 19.60.570, 19.60.580, 19.60.590,19.60.810,19.70.017 and 19.87.003. SECTION XVI. Municipal Code sections 19.14.581, 19.14.584, 19.14.586, 19.14.588, 19.14.589, 19.28.180, 19.28.190 are hereby repealed in their entirety. SECTION XVII. This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Submitted by Approved as to fonn by Susan Bigelow City Clerk Ann Moore City Attorney 9 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 2.32 OF THE CHULA VISTA MUNICP AL CODE PERTAINING TO THE CREATION AND ADMINISTRATION OF THE RESOURCE CONSERVATION COMMISSION AND ADDING CHAPTER 19.15, SECTIONS 19.15.010, 19.15.020, AND 19.15.030, TO THE MUNICIPAL CODE TO PROVIDE A PROCEDURE FOR THE RESOURCE CONSERVATION COMMISSION TO USE TO MAKE RECOMMENDATIONS FOR PLACEMENT OF SITES ON THE HISTORIC REGISTER AND TO REVIEW HISTORIC SITE PERMIT APPLICATIONS WHEREAS the City Clerk has identified many redundancies and confusing inconsistencies pertaining to the City's boards and commissions in the Municipal Code; and, WHEREAS, in a separate ordinance the City Council is adopting general rules intended to govern all the City's boards and commissions, thereby eliminating the need for many redundant and inconsistent provisions in the individual Municipal Code chapters creating the individual boards and commissions; and, WHEREAS, the City Council finds that current Code provisions in CVMC chapter 2.32 governing the Resource Conservation Commission will be greatly improved by eliminating provisions that are now redundant with the new general rules in CVMC chapter 2.25 and by making other minor changes that will improve the clarity of chapter 2.32; WHEREAS, the Resource Conservation Commission has authority under CVMC chapter 2.32 to review and make recommendations regarding the placement of sites on the City's historic register and applications for historic site permits, and; WHEREAS, the City Council believes it is desirable for the Commission to follow procedures prescribed by the Council in its review of sites for placement on the historic register and of applications for historic site permits, and WHEREAS, the historic site review procedures to be used by the Commission are currently housed in CVMC chapter 2.32, which establishes the Resource Conservation Commission; and, WHEREAS, the City Council believes that it would be more useful to the users ofthe Municipal Code if the procedures are placed in a portion of the Municipal Code that contains land use procedures. NOW, THEREFORE, The City Council of the City ofChula Vista does hereby ordain: SECTION 1. That Chapter 2.32 of the City of Chula Vista Municipal Code is amended to read as follows: Chapter 2.32 RESOURCE CONSERVATION COMMISSION 2.32.010 Created There is hereby created a Resource Conservation Commission. The provisions of this chapter and CVMC chapter 2.25 shall govern this Commission. 2.32.020 Purpose and intent. In establishing the Resource Conservation Commission, it is the purpose and intent ofthe City Council to create a broadly based, multifunctional commission which is to provide citizens' advice to the City Council in the areas of energy conservation, resource recovery, environmental quality, historic and prehistoric site protection, and other related fields as determined by the City Council. The Resource Conservation Commission shall also provide this citizens' advice to the other boards and commissions, the City Manager and members of the City Manager's staff on these matters. 2.32.030 Statement of City goals and policies. The following are goals and policies of the City which relate to the duties of the Resource Conservation Commission: A. Create and maintain conditions under which man and nature can exist in productive harmony to fulfill the social and economic requirements of present and future generations; B. Take all actions necessary to provide the people with clean air and water, enjoyment of aesthetic, natural and scenic qualities, and freedom from excessive noise; C. Prevent the elimination of fish or wildlife species due to population intrusion, assist in assuring that these populations do not drop below self-perpetuating levels, and preserve for future generations representations of indigenous plant and animal communities; D. Ensure that the long-tenn protection of the environment shall be the guiding criterion in decisions by the City; E. Encourage the utilization of alternatives to nonrenewable energy sources; F. Maximize the conservation and efficient utilization of nonrenewable resources; G. Seek equitable sharing of both the benefits of energy consumption and the hardships of energy shortages; H. Minimize any conflict with any national, state, regional or local energy goals; 1. Maximize the recovery, recycling and reuse of waste resources through City action and cooperation with other public agencies and private concerns; J. Safeguard the City's historic, aesthetic, social, economic, political and architectural past; and, K. Protect finite cultural and scientific resources which provide the only record of our historic, prehistoric and natural past. 2.32.040 Functions and duties - General. A. The Commission shall provide the City Council with a citizens' assessment of the fol1owing: I. The effectiveness of proposed goals, policies, procedures and regulations of the City in accomplishing the purpose, intent and goals of this chapter; 2 2. The effects of individual projects being subjected to environmental review on the implementation of the purpose, intent and goals of this chapter; 3. The extent to which the capital improvement program implements this chapter; B. The Commission may submit recommendations to the City Council for new goals, policies, procedures or regulations necessary to implement this chapter; C. The Commission may recognize individuals or groups in the community who have implemented notable measures to foster the purpose, intent and goals of this chapter; D. The Commission may hold hearings relating to any matter under investigation or in question before this Commission. 2.32.050 Additional functions and duties - Environmental quality. A. The chair, or a member of this Commission designated by the chair, shall be a member of the environmental review committee. B. The Commission, its chair or designated member may review all environmental documents to assure adequate Commission review, analysis and comment. C. In conjunction with input on environmental documents, the Commission may make recommendations regarding the environmental impact, energy or resource conservation, or impact on historic resources of the project to the appropriate decision making authority. These recommendations may include methods to mitigate adverse effects, reduce energy or resource consumption, or other suggestions within the purpose and intent of the Commission. 2.32.060 Additional functions and duties - Energy conservation and resource recovery. A. All proposed energy or resources conservation or recovery policies, programs, or regulations shall be reviewed by the Commission so it may make recommendations to the City Council regarding compliance with this chapter. B. The Commission may make recommendations to City staff, other boards or commissions, or the City Council regarding the Commission's review of policies, programs or regulations. C. The Commission shall review and make a recommendation to the Council for the disposition of appeals regarding the administration of CVMC Title 20, Energy Conservation, except those portions which are within the scope of the functions and duties of the Board of Appeals and Advisors and the Planning Commission. 2.32.070 Additional functions and duties - Historical protection. The Commission shall: A. Recommend to the City Council the designation of any site which it has found to meet the criteria as a historical site. The Commission shall also recommend if the historical site pennit process, as provided in CVMC chapterl9.l5 should be imposed on the site; B. Inspect any site which the Commission has reason to believe could meet the criteria for a historical site; C. Explore means for the protection, retention and preservation of any historical site, including, but not limited to, appropriate legislation and financing, such as the establishment of a private funding organization or individual, local, state or federal assistance; D. Recommend standards for historical and aesthetic districts and the establishment of such districts within the City; E. Coordinate its activities with the county, the state and the federal government as appropriate to prevent duplication of efforts; and, 3 F. Provide direction to staff for the preparation and maintenance ofa register of all designated historical sites. The register shall include a description of the site, its location, the reason for its designation and other information that the Commission determines is necessary. The register shall be distributed to City departments, the owners and/or occupants of designated historical sites and other interested civic or governmental agencies. 2.32.080 Administrative functions and duties. A. In the event that private funds or funds from other governmental agencies are made available for special projects, surveys, educational programs or general program support, upon recommendation of the Commission and approval ofthe City Council, the City Manager may enter into contracts to use the funds to further the intent of this chapter and to accomplish the duties and functions of this Commission. B. The Resource Conservation Commission shall have no power or right to acquire any property for or on behalf of itself or the City, nor shall it acquire or hold any money for itself or on behalf of the City. In addition, the Resource Conservation Commission shall not have the power or right to negotiate with any party for the acquisition of property designated as a historic site. 2.32.090 Implementation of Resource Conservation Commission functions and duties in designated areas by Chula Vista Redevelopment Corporation. In accordance with CVMC chapter 2.55 CVMC, and notwithstanding any provision of this chapter, the Chula Vista Redevelopment Corporation shall carry out the duties of the Resource Conservation Commission within those geographic areas of the City that the City Council designates as areas within which the Chula Vista Redevelopment Corporation has the authority to exercise planning and redevelopment functions. 2.32.100 Membership The Resource Conservation Commission shall consist of seven voting members and as many general ex-officio members as the City Council deems necessary and may appoint from time to time. SECTION 11. That Chapter 19.15 titled "Procedure for Resource Conservation Commission's Review of Sites for Historic Register and Historic Site Permits" is added to the City of Chula Vista Municipal Code to read as follows: Chapter 19.15 Procedure for Resource Conservation Commission's Review of Sites for Historic Register and Historic Site Permits SECTION 111. That sections 19.15.010, 19.15.020, and 19.15.030 are added to the City ofChula Vista Municipal Code to read as follows: 19.15.010 Procedure for recommeudiug desiguation as historic site and recommending imposition of historic site permit process. Under CYMC 2.32.070, the Resource Conservation Commission has authority to recommend to the City Council the designation of any site which it has found to meet the criteria as a historical site. Under that section, the Resource Conservation Commission also has authority to recommend if the historical site 4 pennit process, as provided in CYMC 2.32.070, should be imposed on the site. This chapter is intended to provide procedures for the Commission to use to implement that authority. 19.15.020 Procedure for designation of site on historic register Ten (10) days prior to the consideration by the Resource Conservation Commission of any site for designation as a historical site, the owner shall be notified in writing that the site is under consideration for inclusion in the register. The notice shall include the date, time and place of the meeting. For purposes of this chapter, the owner of such property is the person appearing as the owner of such property on the last equalized assessment roll of the county. Such notice shall be mailed to the address shown on the assessment roll, in order for a person to appear and protest such inclusion. The owner shall also be notified of any subsequent discussion or possible actions regarding the potential site by the Commission or City Council. 19.15.030 Procedure for historical site permit process. A. The City Council may, after considering a recommendation by the Resource Conservation Commission, impose the permit restrictions contained in this section. B. No pennit for the demolition, substantial alteration, or removal of any building, structure or site shall be issued without first referring the matter to the Resource Conservation Commission, except where the City Manager detennines that demolition, removal, or substantial alteration of any such building, structure or site is immediately necessary in the interest of the public health, safety or general welfare. The building, engineering and planning departments shall notify the Resource Conservation Commission in writing within five days of any request it receives for any such pell11it. C. The Resource Conservation Commission shall have 30 days from the date of such notification within which to object to the proposed demolition, major alteration, or removal of the trees, plants or other major landscaping. The Resource Conservation Commission shall file its objections with the City Manager or his delegate. Upon the filing of such objections, no pell11its shall be issued for the demolition, major alteration, or removal of the historic site for a period of not less than 30 nor more than 180 days. The City Manager shall notify the appropriate departments of the filing of objections by the Resource Conservation Commission. Failure to file objections within the 3D-day period is a waiver of all objections, and the pell11it shall be issued in due course. When the Resource Conservation Commission files objections with the City Manager pursuant to this chapter, all such objections, upon their transmittal to the City Manager, shall in addition be transmitted to the applicant for any pennit or entitlement to demolish, perfonn a major alteration upon, or remove any historic site or other feature protected by the tenns of this chapter. D. Upon the filing of objections, the Resource Conservation Commission shall take such steps within the scope of its powers and duties as it detennines are necessary for the preservation of the historical site. No such action shall be taken by the Resource Conservation Commission, however, until the same has been submitted to and approved by the City Council. At the end of the first 30 days, the Resource Conservation Commission shall report its progress to the City Council which may, upon review of the progress report, withdraw and cancel the objection to the proposed demolition, major alteration or removal, and the necessary pell11its shall then be issued. If at the end of the first 100 days of the aforesaid 180-day period, it is found that the preservation of the site, building or structure cannot be fully accomplished within the 180-day period, and the Resource Conservation Commission detennines that such preservation can be satisfactorily completed within an additional period not to exceed 180 days, the Resource Conservation Commission may recommend to the City Council that a request for extension be granted. Such recommendation shall set forth the reasons therefor and the progress to that date of the steps taken to preserve the site. The City Council may accept such recommendation for good cause shown and, ifit appears that preservation may be completed within the time requested, may grant an extension of time not to exceed 180 days. No such request for extension shall be made after the expiration of the original 180-day suspension period. 5 E. No person shall remove trees, plants or other major landscaping /Tom any property designated as an historical site without the approval of the City's landscape architect. The City's landscape architect shall notify the Resource Conservation Commission in writing of any such request within five days of its receipt. SECTION IV. This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Submitted by Approved as to form by Ann Moore City Attorney 6