Loading...
HomeMy WebLinkAboutPlanning Comm Reports /2007/05/23 AGENDA MEETING OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA 6:00 p.m. Wednesday, May 23, 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: April 11, 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. PUBLIC HEARING: PCC 07-63; Consideration of a Conditional Use Permit for Championship Off-Road Racing (CORR) June 8-10 and September 28-30, 2007, Rock Mountain Quarry land adjacent to the Otay River Valley. Applicant: James Baldwin. (Quasi-Judicial) Project Manager: Harold Phelps, Associate Planner Planning Commission Agenda -2- May 23, 2007 2. PUBLIC HEARING: 3. PUBLIC HEARING: DIRECTOR'S REPORT: COMMISSION COMMENTS: ADJOURNMENT: PCZ 07-06; Consideration of a zone change from CTP Zone to R-3 Zone, and a request for a density bonus for a reduction in the required parking and open space, an increase in the number of compact spaces allowed, and a reduction in the required front setback for the project "Los Vecinos", located at 1501 Broadway. Project Manager: Miguel Tapia, Sr. Community Development Specialist Consideration of the following applications filed by Lorna Ratonel for a service station located within the commercial center known as Terra Nova Plaza, 350 East H Street: a) ZAV 07-06; A Variance application requesting approval of a 4 ft. encroachment for the carwash building and a 5 ft. encroachment for the vacuum canopy into the required front setback. b) PCC 05-44; Conditional Use Permit for a carwash facility and expansion/relocation of an existing convenience store. Project Manager: Caroline Young, Assistant Planner To a Regular Planning Commission on June 13, 2007. MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA 6:00 p.m. April 11 , 2007 Council Chambers 276 Fourth Avenue Chula Vista, CA CALL TO ORDER:6:09:25 PM ROLL CALL I MOTIONS TO EXCUSE: Members Present: Felber, Bensoussan, Vinson, Tripp, Spethman Members Absent: Clayton and Moctezuma MSC (SpethmanlTripp) 5-0-2-0) to excuse Cmr. Moctezuma and Cmr. Clayton. Motion carried. ORAL COMMUNICATION: No public input. 1. PUBLIC HEARING: PCC 07-01; Consideration of a Conditional Use Permit to permit Leap and Bound Academy, a 16,381 sf childcare learning center on a Community Purpose Facility (CPF) site within Rolling Hills Ranch planned community. Seeker Development, LLC. 6:16:08 PM Background: Brian Catacutan reported that the proposal is to construct a 16,381 sf child learning center on a Community Purpose Facility within the Rolling Hills Ranch Master Planned Community. On February 5, 2007 the Design Review Committee considered and approved the project, and is now before the Planning Commission for consideration of a Conditional Use Permit. The Leap and Bound Academy operation profile consists of a maximum of 260 students ranging from the ages of infants to 11 years, and a maximum of 25 employees. The hours of operation would 6:30 a.m. to 6:00 p.m. Monday through Friday. Staff Recommendation: That the Planning Commission adopt Resolution PCC 07-01 based on the findings and subject to the conditions contained therein. 6:16:47 PM Commission Comments: 6:18:13 PM Cmr. Tripp pointed out that this project was previously covered under a supplemental EIR, and inquired if there were any mitigation measures that are applicable to this project. Mr. Catacutan responded that a focus traffic study was conducted, which concluded that there would be no impacts on the surrounding community. Minutes of the Planning Commission - 2 - April 11 , 2007 Mr. Catacutan further stated that a new resolution was placed on the dais tonight and pointed out that there is a new finding (#5), that states that CPF sites that are sold for-profit have to be on the market for a minimum of five years. Mr. Hare clarified that CPF sites are held aside for nonprofit-type uses, and there is a provision which states that a CPF site must be on the market for a minimum of five years or greater, before it can be considered for a for-profit use. 6:20:54 PM Charles Staker, Leap and Bound, stated he was available to answer any questions from the Commission and thanked them for their consideration of their proposal. MSC (SpethmanNinson) (5-0-2-0) that the Planning Commission adopt Resolution PCC 07-01 based on the findings and subject to the conditions contained therein. Motion carried. 2. REPORT: Otay Ranch Eastern Urban Center Sectional Plan Area Plan Compliance with General Plan Eastern District Framework Strategy Objectives and Policies 6:24:33 PM Rick Rosaler, Tony Lettieri and Todd Galarneau of the McMillan Co. gave an overview of the Urban Core. The General Plan Land Use and Transportation Element (LUT) establishes planning districts to guide more detailed planning of certain areas, one of which is the Eastern District, which includes the Otay Ranch's Freeway Commercial and Eastern Urban Center. The General Plan requires that the EUC SPA Plan address the goals and policies of the Eastern District Framework Strategy prior to or in conjunction with preparation and approval of any subsequent SPA documents that may be required within the Study area. Since the EUC SPA Plan is currently being process, staff is bringing the report to the Planning Commission and City Council to ensure that all the necessary components of the Framework Strategy are addressed and to obtain any direction on this matter prior to completing the SPA processing. 6:31 :08 PM Todd Galarneau gave a brief presentation on the Eastern Urban Center, a project that is deemed to be the focal point of the Otay Ranch Master Plan. The EUC is extraordinary, even on a national scale, in part due to its size because typically these centers are anywhere from 40 to 80 acres in size, whereas, the Eastern Urban Center is 210 acres. Mr. Galarneau indicated that SANDAG has identified the EUC as one of eight Smart Growth Urban Centers in the region. Mr. Galarneau thanked the Commission for their consideration and support of the report and stated he was available to answer questions. Cmr. Spethman stated that his long-standing history of dealings with the McMillin Company, through serving on various city boards and commissions, is that their company strives for excellence in whatever project they are proposing to develop in this community and the region. Cmr. Spethman stated, however, that he is eager to see some of the same quality development that is going in to eastern territory come to the western side of Chula Vista. Minutes of the Planning Commission - 3 - April 11, 2007 6:55:41 PM Cmr. Bensoussan stated that it was her understanding that the Main St. corridor would be a lower-scale, low density concept, with a gradual higher density and higher rise buildings as you spread out; she inquired if that was still the case. Mr. Galarneau responded that the way they see the urban form and scale building in the EUC, is that they will build in towards the middle with the higher densities. The proposal within the Main Street is to create a four story and higher format through the Main St. district and reserve the blocks outside of the Main Street for the higher densities. Varying architecture styles, step backs and heights will be utilized in order to avoid monotony along the street-frontage. Cmr. Bensoussan asked if there is a public art component to this development. Mr. Galarneau responded that there is a civic district in the EUC that will have parks and plazas where, certainly, sculpture gardens, fountains and the like would be appropriate. 7:05:09 PM Cmr. Tripp echoed Cmr. Spethman's sentiments and stated that, recognizing the challenges that exist, he too is eager to see these types of efforts extended to the west side of the City. 7:06:06 PM Cmr. Vinson stated that LUT 94.7 makes mention of identifying existing development regulations, design standards and regulatory measures that could hinder achieving the intended urban vision for the EUC as it relates to the university study area, and asked for further elaboration on that statement. Mr. Lettieri stated that each SPA that comes forward should look at existing policies and regulations to ensure that those regulations don't interfere with the intended vision for the EUC. Mr. Lettieri also indicated that a Notice of Preparation for an EIR will be going out shortly that will list a number of potential changes in ordinances and even the GDP. Some of those proposed changes will be in the Park Land Dedication Ordinance; density transfer provisions so that there's flexibility in moving Commercial to Residential or vice versa; responding to the market place is another that will be analyzed in the EIR. Another proposal is that staff has encouraged, and McMillin has embraced, the idea of a form-base code. What McMillin has proposed is a set of regulations that looks at the form, height and bulk of a structure, but puts a lot of emphasis on the structure's relationship to public spaces (streets, sidewalks and parks). 7:10:13 PM Cmr. Felber asked what is the forecasted square footage for the retail/commercial as oppose to residential. Mr. Galarneau stated that the land use allocation that's in the GDP is approximately 3,000 units and 3.5 million sf of non-residential. We have ensured that the EIR covers the entire project to its maximum build-out. Cmr. Felber asked where the concentration of the height intensity will be located; in the residential or commercial/retail. Minutes of the Planning Commission - 4 - April 11 , 2007 Mr. Galarneau responded that most likely the tallest buildings will be located within the office district. 7:17:04 PM Cmr. Spethman stated that public art is subjective, and noted that the entire project is replete with artistic design by way of enhanced walkways and pavement elements, light fixtures, fountains and water features, building design, etc., all of which contribute in some form to the public art element. 7:18:46 PM Tony Lettieri enumerated the reasons for staff's recommendation that the Planning Commission adopt Resolution PCM 99-07 recommending that the City Council accept the report on the 'EUC SPA Plan compliance with the General Plan Eastern District Framework Strategy Objectives and Policies. They are: . The changes in regulations that are necessitated to make this happen . The integration of the civic uses into the project which is in the central, most visible area of the project . The distinctive urban character where diverse architecture styles are proposed . Provision of linkages to other uses and neighborhoods dealing with future university site . The public transit that is in the center of the project that has involved multi-jurisdictional efforts i.e. SANDAG and MTS . The existence of paseos and walkways and pedestrian bridges extending over Eastlake Parkway and then to the university to the south 7:22:21 PM Cmr. Felber noted that there is going to be a regional trail going through the EUC and asked if its an off-shoot of a trail from the Greenbelt Master Plan. Rick Rosaler responded that the trail is a key component of the plan, but in this case it goes to an urban form as oppose to a trail through a canyon. It will be an enhanced, wider sidewalk that connects to the pedestrian bridge that goes to Village 11. 7:23:48 PM Cmr. Bensoussan asked if there would be bicycle paths going through the EUC, and when the Bus Rapid Transit is expected to be constructed. Mr. Rosaler stated that there is presently extensive discussion amongst staff on this subject. The Bicycle Master Plan calls for bike lanes along the major arterial like Birch, Eastlake Parkway and Hunte Ave. With respect to the BRT, Mr. Rosaler indicated that the route would be from the border, through the Otay Ranch, all the way to downtown San Diego. SANDAG has identified federal funding that this project is eligible for, however, the awarding of these funds will delay the project approximately two more years, therefore, its construction would not commence until 2010 with an estimated completion date of 2012. Cmr. Bensoussan inquired about the civic component of the EUC, i.e. libraries, museums, performing arts centers. Rick Rosaler responded that the two civic components of the EUC are the library and a fire station. both of which have been in the Library Master Plan and the Fire Service Master Plan for a long time. The cost of those facilities have been included in the Public Facilities Development Impact Fee and as those facilities are built, McMillin will receive a credit on their building permits Public Facilities DIF. Minutes of the Planning Commission - 5 - April 11 , 2007 7:33:09 PM MSC (SpethmanlTripp) (5-0-2-0) that the Planning Commission adopt Resolution PCM 99-07 recommending that the City Council accept the report on EUC SPA Plan compliance with the General Plan Eastern District Framework Strategy Objectives and Policies. Motion carried Director's Report: 7:34:39 PM Jim Hare reported that a workshop meeting is in the works for May 16 to go over rules and procedures, and asked for input from the Commission on topics that they would be interested in discussing. 7:35:41 PM Cmr. Tripp stated he'd be interested in staff discussing the significance of nexus, and "rough proportionality", as well as findings in CEQA 7:36:38 PM Cmr. Bensoussan strongly urged staff to avoid scheduling two high-profile items on the same night, as was the case in the Cummings Initiative and the Urban Core Specific Plan. Cmr. Felber suggested that a topic of discussion could be the protocol for the amount of speaking time allowed to private citizens and speakers who state they are representing an organization. 7:49:13 PM Adjournment to a regular Planning Commission meeting on April 28, 2007. -:)l~A'0 PLANNING COMMISSION AGENDA STATE -.------e ~-~_. "'~I_oJIV' ITEM TITLE: Public Hearing: Conditional Use Permit (PCC-07-063) for Championship Off-Road Racing (CORR) June 8-10 and September 28-30, 2007, Rock Mountain Quarry land adjacent to the Otay River Valley - James Baldwin, Applicant James Baldwin, owner of Championship Off-Road Racing (CORR), has applied for a Conditional Use Permit for two temporary off-road racing events on June 8-10 and September 28-30,2007. Aside from the new location in the Rock Mountain Quarry, these racing events will be the same as the four temporary racing event weekends conducted in 2006 and two conducted in 2005 in Otay Ranch Village Two. Race days will be Saturdays and Sundays with events scheduled from 7:00 a.m. - 7:00 p.m. The sale of alcoholic beverages is requested during the races until prior to the last race. On the Fridays before race day events, the racetrack will be open from 10 a.m. - 4:00 p.m. for practice and qualifying. The site plan proposes that grandstands and race pit areas south of a temporary racetrack built within the Rock Mountain Quarry. The agricultural fields of the undeveloped Otay Ranch Village Three are proposed to provide the public parking lot areas, with to be access from Energy Way. A fee will be required at the entrance to the parking lot areas separate from the admission ticket. A 27-acre camping area is proposed in the area shown in the General Plan as the western Active Recreation area in the Otay River Valley. ENVIRONMENTAL REVIEW: The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-07-030 in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that the project could result in significant effects on the environment. However, revisions to the project made by or agreed to by the applicant would avoid or mitigate the effects to below significance; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-07-030. BOARDS/COMMISSIONS RECOMMENDATION: Resource Conservation Commission The Resource Conservation Commission (RCC) found that the Mitigated Negative Declaration "insufficient" (or inadequate) by a vote of (4-2-0-1). Therefore, the RCC did not recommend adoption of the Mitigated Negative Declaration at their May 7, 2007 meeting. The RCC's recommendation was generally based on a decision that proposed proj ect was not an appropriate use within the Otay River valley, or adjacent to the surrounding sensitive preserve areas. Page 2, Item: Meeting Date: OS/23/07 Several RCC Commission members expressed that allowing this type of use within this area would set a precedent that could make future planning efforts within the OVRP more difficult. The Commission also felt that the proposed race offered no net benefit to the community and ifthey were to recommend approval ofthis project, they would not be fulfilling their commitment to protect the valuable resources offered within this area. Several RCC Commission members also expressed general concerns related to the adequacy ofthe MND and validity of the supporting technical information. The RCC was concerned that baseline noise conditions were not sufficiently substantiated and that the monitoring locations did not accurately reflect where race related activities would occur in relation to adjacent Preserve areas. RCC also raised concerns with the June race and its potential to impact sensitive biological resources during the breeding season. The Otay Valley Regional Park Citizens Advisory Committee and the Policy Committee The Otay Valley Regional Park (OVRP) Citizens Advisory Committee (CAC) held a meeting on April 25, 2007, and the Otay Valley Regional Park (OVRP) Policy Committee (PC) held a meeting on April 26, 2007 to discuss the proposed racing events. A Championship Off-Road Race (CORR) Sub-Committee consisting of CAC/PC members held a meeting on May 4, 2007 to make a recommendation to the OVRP CAC on the Conditional Use Permit (CUP) for the 2007 Championship Off-Road Race. By a vote of 5-2 the OVRP CAC CORR Sub-Committee will be making a recommendation to the OVRP CAC to approve the CUP for the 2007 CORR event at the May 18, 2007 meeting. The CORR Sub-Committee will be recommend approval with conditions to (I) adhere to all mitigation measures set forth in the final version of the MND, (2) monitor and measure current baseline conditions of sound, air and water before and during racing events, and (3) that the recommendation not be construed to be an endorsement of a future temporary or permanent racing events. RECOMMENDATION: That the Planning Commission approve Planning Commission Resolution PCC-07-063 recommending adoption of the Mitigated Negative Declaration (MND) and recommending approval ofthe Conditional Use Permit to the City Council in accordance with the findings and subject to the conditions contained in the draft City Council resolution. DISCUSSION: 1. Site Characteristics The Rock Mountain Quarry is a 1 50-acre site located due east of Main Street, where it turns into the alignment of Heritage Road, where vehicles veer right to enter the Coors Amphitheatre and Knott's Soak City. The Rock Mountain Quarry access road generally forms the southern border of the proposed track/pit/grandstand area, with the Otay River located south and W olfCanyon to the west. Page 3, Item: Meeting Date: OS/23/07 Surrounding land uses include the active portion of the Rock Mountain Quarry to the immediate north and Open SpacelPreserve areas to the immediate east, south, and west. Land uses within the general vicinity of the project site include Otay Ranch Village Three and the Otay Landfill to the northwest, developed residential uses within the City of San Diego to the south, and the Coors Amphitheater and Knott's Soak City Water Park to the southwest. The site has been fully disturbed by ongoing aggregate mining and processing operations. Current mining operations include rock drilling, blasting, resource extraction and processing, stockpiling of construction aggregate and waste products. The racetrack, parking, and camping areas are sited to avoid any direct impacts to sensitive biological resources. Of note, the southern portion ofthe racetrack project area is located within the preserve area of the City's MSCP Subarea Plan, which was disturbed as a result of an unauthorized encroachment by the former quarry operator. The Rock Mountain Quarry Reclamation Plan includes a restoration plan to restore this area within 25 years back to a level consistent with the adjacent undisturbed preserve areas to the south. 2. General Plan, Land Use, and Zoning General Plan The 2005 General Plan Update land use designations for the project site include "Open Space" (Non- Preserve) for the racetrack, grandstands and pit areas and VIP parking areas. The public parking areas are designated "Industrial," and the camping area is designated "Open Space Active Recreation." The VIP parking area, pit area, track, and grandstands are fully located within the existing boundaries ofthe Otay Ranch Quarry Reclamation Plan further described in the sub-section below regarding the Otay Ranch Rock Mountain Quarry Reclamation Plan. The proposed public parking is an allowable use within an Industrial land use designated area, and the proposed camping in the Open Space Active Recreation land use designation is one of the intended uses within this area. In addition, these uses are considered temporary under the Conditional Use Permit application, so there is no need for a consistency determination relative to General Plan land use designations. Otay Ranch General Development Plan The Otay Ranch GDP identifies the boundaries ofthe parcel containing the Rock Mountain Quarry as "Not a Part." The proposed public parking areas for the project are land designated for industrial use in Village Three, and the camping area is shown as Open Space Active Recreation. Because the use is temporary and subject to a Conditional Use Permit, a consistency determination relative to General Development Plan land use designations is not required, even for the racetrack being inside the rock quarry operation reclamation plan area. The parking and camping areas are consistent with the General Development Plan land use designations. Of note, a SPA Plan has been prepared for Otay Ranch Villages Two, Three and portion of Village Four, and the public parking area is located within the Village Three planning area. The SPA Plan shows Village Three being planned for industrial and open space uses. Page 4, Item: Meeting Date: OS/23/07 Otay Ranch Rock Mountain Quarry Reclamation Plan The Otay Ranch Pit has operated since the 1940's, and the Reclamation Plan was prepared in accordance with the Surface Mining and Reclamation Act (SMARA) of 1975, and approved by the County of San Diego in 1980. The reclamation plan details (I) the beginning and expected ending dates for each phase of mining activities; (2) all reclamation activities required; (3) criteria for measuring completion of specific reclamation activities; and (4) estimated costs for completion of each phase of reclamation. The total land area in the adopted Reclamation Plan totals 157-acres. The Reclamation Plan describes the ultimate reclamation ofthe Rock Mountain Quarry to occur in a manner that would facilitate future development consistent with the City's General Plan. The adopted reclamation plan includes a biological restoration plan designed to reclaim previously disturbed Preserve areas back to a level consistent with the surrounding undisturbed open space Preserve areas. Reclamation of the disturbed Preserve areas is not scheduled to occur until the completion of extraction activities, which is approximately 25 years from now. Given the temporary, short-term nature of the project, no adverse impacts are anticipated that would prevent the ultimate reclamation of this site as detailed in the currently approved Reclamation Plan. The VIP parking area, pit area, racetrack, and grandstands are fully located within the existing boundaries of the Otay Ranch Quarry Reclamation Plan. In April 2006, the State Mining and Geology Board amended the original site reclamation plan approved by the County of San Diego in 1980 to include areas that were disturbed by a former quarry operator as a result of on-going extraction operations. The amendments revised the reclamation plan boundaries to include approximately 38 acres of fully disturbed land but subtracted approximately 29 acres of undisturbed land located within adjacent W olfCanyon. The southern portion ofthe racetrack, pit areas and grandstands are within a portion of this acreage. Multiple Species Conservation Program (MSCP) Subarea Plan The Multiple Species Conservation Program (MSCP) Subarea Plan was prepared by the City of Chula Vista in coordination with the Federal and State Regulatory agencies in order to implement the MSCP Subregional Plan within the City of Chula Vista. The City Council adopted the MSCP Subarea Plan on May 13,2003. Subsequently, the Wildlife Agencies issued the City a Take Permit and signed the Implementing Agreement granting the City Take Authorization on January 11,2005. The existing quarry site is recognized by the City's MSCP Subarea Plan as a legal, non-conforming use, in operation at the time the underlying zone was established. As such, existing mining activities have continued to operate under legally existing permits. Page 5, Item: Meeting Date: OS/23/07 Otay Valley Regional Park Concept Plan The Cities of San Diego and Chula Vista, and the County of San Diego adopted the Otay Valley Regional Park (OVRP) Concept Plan in July 1997. The OVRP identifies active recreation areas that are not a part ofthe Preserve, but are surrounded by Preserve areas. The OVRP Concept Plan does not change existing zoning or planned land uses, or add new development regulations, nor does it preclude private development in designated recreation areas consistent with existing zoning or planned land uses. The proposed project is a temporary use and would not prohibit future planning or use of the area, as contemplated in the OVRP. Zoning Current zoning for the site is Planned Community (PC). The proposed racing event activities can be conditionally permitted within the Planned Community (PC) Zone, through Zoning Code (I 9.54.020J -7). The proposed activity requires that a conditional use permit be considered by the Planning Commission and approved by the City Council. As a temporary use, the racetrack will not require any amendments to the Chula Vista General Plan, or the Otay Ranch GDP. 3. Proposal The proposed project is a temporary event involving off-road racing on a portion of the Rock Mountain Quarry located adjacent to the Otay River Valley, in addition to a portion ofOtay Ranch Village Three for public parking and the western Active Recreation Area within the Otay River Valley for camping (See Attachment 1: Locator Map). The racing events will occur over two, non-consecutive weekends, June 8 - 10 and September 28- 30,2007. The off-road racetrack is proposed within the southern portion ofthe Rock Quarry that is no longer subject to resource extraction operations. It should be noted that mining operations are ongoing within the boundaries of the Rock Mountain Quarry, and pursuant to the approved Reclamation Plan under the California Surface Mining and Reclamation Act, grading and leveling of the racetrack is being conducted under the Reclamation Plan and is not subject to review or approvals by the City of Chula Vista. Site preparation will include installation of grandstands, security lighting and fencing, orange bio-fencing to restrict access to the City's MSCP Preserve, signage for sensitive habitat areas, and storm water BMPs. The public parking will occur on the agricultural land within a portion ofOtay Ranch Village Three. The vehicular entrance to this parking area will be from the cuI-dc-sac terminus of Energy Way, via Nirvana Road from Main Street. Other access points that will not be open to the general public but will provide access to the site for race teams, emergency vehicles, VIPs and campers include the two existing dirt roads on both sides of the Otay River off of Main Street and Heritage Road. The first dirt road to the north of the Otay River off of Main Street will provide access to the racetrack, pit areas, and VIP parking areas. Page 6, Item: Meeting Date: OS/23/07 The second dirt road to the south of the Otay River off of Heritage Road will provide access to the camping area. Overnight camping is proposed within a 27-acre parcel designated for "Active Recreation" within the City's General Plan. The City will provide fire; police and emergency services and the event sponsors will cover all costs associated with additional service demands. A temporary traffic control plan will be developed to facilitate arrival and departure from parking lot areas. Event-related activities include: I. Races on Saturdays and Sundays of event weekends. 2. Pre-race track trials and qualifications (Friday before event weekends) 3. Friday through Sunday overnight camping on event weekends. 4. Event Parking. 5. Nighttime security lighting. 6. Limited Fireworks and Live Entertainment before, during and after race events. The project proposes to include structural e1ements to provide sound attenuation, including the installation of vinyl covered rise and run stairs and grandstand seats or plywood on the back of the grandstands. The plywood barrier (or other approved material) would be mounted on the back of four grandstand structures, each measuring 234 feet in width and 60 feet in height. The thickness of the plywood would be a minimum Yz inch. Noise attenuation is primarily provided by the existing terrain/topography on the north and east sides ofthe track area. Specifically, an approximate 15 foot-high shearrock face separates the track from the adjacent open space areas located to the north and east. The project also includes fencing to provide security and to avoid unauthorized access to adjacent Preserve areas. The sale of alcoholic beverages is requested for approval as part of this Conditional Use Permit in conjunction with the required Alcohol and Beverage Control (ABC) permits. The Amusement and Entertainment Facilities use requirements allows for alcoholic beverages to be sold or consumed on the premises in conjunction with a restaurant. Through this conditional use permit the applicant is requesting permission to sell alcohol in conjunction with food vendors. BACKGROUND: Championship Off-Road Racing (CORR) has occurred within the City over the past two years on a temporary racetrack that was constructed on the Otay Ranch VilJage Two project site, subject to Conditional Use Permits (CUP) issued in 2005 and 2006 for two weekend and four weekend racing events in 2005 and 2006, respectively. CORR representatives met with staff on November 8, 2006 about a proposal to conduct racing events within the Otay Valley Regional Park's eastern Active Recreation Area (under the Otay Valley River SR-125 Toll way Bridge, still under construction). This proposal was strongly discouraged by both the Federal Fish & Wildlife and State Fish & Game agencies in December 2006. Page 7, Item: Meeting Date: OS/23/07 CORR representatives met with staffabout use ofthe Rock Mountain Quarry project site on January 31, 2007. At that meeting, staff pointed out that issues related to the impact on the MSCP Preserve and Otay Valley Regional Park (OVRP) would need to be resolved to ensure that there would be the appropriate amount of time for all parties, including the Federal Fish & Wildlife, State Fish & Game, and the OVRP Citizen's Advisory Committee (CAe) and Policy Committee (PC) to review the application. Staff held meetings on March 7, 2007 with the Federal Fish & Wildlife and State Fish & Game agencies, and on April 18th with the OVRP City and County of San Diego staff. On April 25th , City staff met with the OVRP Citizen's Advisory Committee (CAe), on April 26th with the OVRP Policy Committee (PC), and on May 4th with the OVRP Trails Sub-Committee. The Resource Conservation Commission met on May 7,2007 regarding the project. ANALYSIS: Racetrack: The proposed site plan shows a racetrack, including the grandstands and pit areas within the Rock Mountain Quarry mining bowl adjacent to the revised southern boundary. Ideally the racetrack would be located more towards the middle of the quarry to attenuate noise, but mining operations are still underway at the center of the project site. However, the idea oflocating the racetrack in the quarry addresses concerns that have been raised in the past two years about the impacts of an off- road racetrack on surrounding residential uses. The Otay Ranch Village Two temporary racetrack utilized in 2005 and 2006 was adjacent to the residential Otay Ranch Villages One, Five, Six and Seven. The nearest residential neighborhoods to the Rock Mountain Quarry are over a mile away in San Diego's Otay Mesa, to the south and west of Coors Amphitheatre and Knott's Soak City. The proposed temporary racetrack for this year's June and September racing events is a pilot or test run for a future permanent racetrack facility in the Rock Mountain Quarry. The applicant has expressed interest in constructing a permanent facility starting in 2008 that would allow for public use throughout the year by all-terrain vehicles, motor cross motorcyclist and mountain bicyclist. There is even speculation about a drag strip or a racing oval within the Rock Mountain Quarry. It is important to note that nothing has been determined this year, except that certain conditions of approval are being requested to monitor the noise, air and water quality effects of this years racing events in order to provide base line of information and reference for any future permanent racetrack facilities that may be contemplated by the applicant. It is also important to the note that in meeting with the Federal Fish & Wildlife, State Fish & Game agencies, they have acknowledge that there is a need and demand for these type of facilities in coastal counties, where currently such public uses are rarely available anywhere other than inland desert counties such as in the Imperial Valley. Such a facility would also be able to provide an alternative (as a controlled off-road racetrack) to individuals who now are already illegally engaged in riding off-road vehicles, all-terrain vehicles, and motorcycles through the preserve. Page 8, Item: Meeting Date: OS/23/07 Parking: Approximately 7,440 public parking spaces wil1 be available over approximately 76-acres ofOtay Ranch Vil1age Three. Access to the Village Three parking area wil1 be provided Energy Road to the west. Modifications to the Energy Way cul-de-sac include temporary replacement of the existing curb and chain link fence with an asphalt driveway and crushed gravel and/or rumble plates. A shuttle will be provided to transport patrons from the camping area to the track area. The parking lots are currently agricultural fields that have been mowed. By maintaining the hay field roots, dust wil1 be minimized in these designated parking areas; however, watering ofthe access driveways without gravel treatment and other parking areas will be required as a condition of approval to minimize dust created from spectator vehicles. Camping: Overnight camping will be provided for up to 150 campsites on a 27-acre campsite within the Western Active Recreation area of the Otay Valley Regional Park. Security will be provided in the camping area from the end ofthe last race to 7 a.m. the following day. Security fencing will prevent campers and patrons from entering into the adjacent MSCP Preserve. Noise: The issue that raises the most concern regarding the potential effect of the project is the potential effect of racing event noise on sensitive bird species during their nesting seasons (typically February to Mid-September) for the June 8-IO racing events. As discussed in the Noise analysis in the Mitigated Negative Declaration (MND), noise from vehicle racing, loudspeakers, or other incidental sound sources associated with the events will have an adverse affect on certain sensitive bird species such as the Coastal California Gnatcatcher and Least Bell's Vireo. The project site is adjacent to the MSCP Preserve, and noise impacts on these noise sensitive species within the MSCP Preserve Subarea Plan restricts uses located adjacent to Preserve areas that generate excessive noise during the breeding season for these noise sensitive bird species, because their habitat is located within the Preserve. The City's MSCP Subarea Plan does not provide a specific numerical threshold for operational noise affecting these species, but for comparative purposes, a generally accepted standard used to evaluate impacts is a one-hour average noise level greater than 60 dB. It is important to note that the noise impacts for the races will not exceed those already generated by the existing rock quarry operations which wi1l be suspended during the racing events. The noise analysis prepared for the project provides an estimate of noise levels generated by the proposed project. Unattenuated noise levels at the closest sensitive habitat location within the Preserve, immediately adjacent to the south of the proposed track, estimated to be 85 dB hourly Leq. Taking the existing terrain topography into consideration, and providing the maximum sound attenuation available through structural design features (enclosure of the rear of the stands located between the track and the Preserve), the noise analysis concludes that areas having potential to support least Bell's vireo and coastal California gnatcatcher are expected to be exposed noise levels of approximately 75 dB hourly Leq noise level during the racing events. Page 9, Item: Meeting Date: OS/23/07 The Noise Ordinance also governs fixed source and/or operational noise. However, the proposed project is classified as a temporary outdoor gathering, and as such is considered to be exempt from the provisions ofthe Ordinance, pursuant to Section 19.68.060 which states "The provisions of this title shall not apply to occasional outdoor gatherings, public dances, shows and sporting and entertainment events, provided the events are conducted pursuant to a permit or license issued by the city relative to the staging of the events." Biological Resources: Implementation of the proposed project would result in direct impacts to annual (non-native) grassland and developed/disturbed land. All of the impacts to annual grassland are within former agriculture areas of the Parking and Camping areas. Site preparation for these areas will consist of mowing only, and no soil-disturbing site preparation (i.e., grading activities) is proposed. Therefore, impacts to annual grassland within the Parking and Camping areas would be temporary and would not result in permanent or significant adverse impacts to annual grasslands. These areas are anticipated to recover without the need for active restoration. Freshwater marsh, mixed riparian scrub, and southern willow scrub within the survey area would be avoided and not be directly impacted by the project. According to the attached MND, no long-term, direct impacts to sensitive vegetation communities would result from project implementation. Direct impacts to active burrowing owl nests could result if nests are present at the time of operation during the nesting season (June race only). The entire project site avoids interface with the City of Chula Vista MSCP Sub-Area Plan, as all activities are located entirely within developable areas; however security personnel will monitor the MSCP area to prevent access from the site to the preserve areas. Air Quality: An air quality technical report was prepared for the project. Project related emissions would occur from vehicles traveling to the CORR event site, race vehicle emissions generated during race events and dust generated by the racing activities. All mining activities associated with the existing quarry will cease during race events. The operational impacts associated with the Project would be confined to impacts associated with automotive traffic from spectators, employees, support vehicles, and the race participants. The mitigation measures would mitigate short-term operational air quality impacts to below a level of significance. These measures are included as a part ofthe Mitigation Monitoring and Reporting Program, which may include monitoring ofthis years racing events for future baseline information relative to a future permanent racetrack in the Rock Mountain Quarry. Water Ouality: The Tacing events would involve activities that could result in potential impacts to hydrology and water quality. During the races, urban runoff from the site has the potential to contribute pollutants, including oil and grease, suspended solids, metals, gasoline, and pathogens to the receiving waters. Once the racing event is complete, some portions of the site, including manufactured slopes, may be exposed and susceptible to erosion. Pollutants of concern associated with the proposed project are grouped into the following categories: sediments; metals; oil and grease; trash, debris and floatables; bacteria and viruses; and organic compounds and oxygen-demanding substances. Page 10, Item: Meeting Date: OS/23/07 In order to address these issues, features have been incorporated into the project design to minimize water quality impacts. The racetrack has been designed such that runoff would drain into a treatment BMP and away from the MSCP Preserve, including Otay River and Wolf Canyon. With project design features, potential impacts to hydrology and water quality may still occur; however, BMPs would be implemented to mitigate potential impacts to less than significant levels. The BMPs have been identified in Appendix A and require review and approval by the Director of Public Works. BMPs identified in Appendix A include, but are not limited to the following: desilt basins, special drums for containment of waste, trash and hazardous materials and silt fencing/sand bags. Hazardous Materials/Solid Waste: The proposed project would involve the transport, storage, and handling of hazardous materials (gasoline and engine fluids) associated with the proposed activities for a short duration of time. Potential impacts resulting from exposure to or leaks/spills of hazardous materials may occur; however, BMPs would be in place that would reduce potential impacts to less than significant. BMPs include features such as special drums that would serve as self-contained treatment for all runoff from maintenance bays (pit areas), vehicle and equipment wash areas, bathroom areas, and trash and material storage areas. Vactor trucks would be used to remove runoff from the containment drums and the collected runoff would be disposed of in accordance with City standards. Hazardous materials would be placed in an enclosure that prevents contact with runoff or spillage to the storm water conveyance system. Storage, wash, and maintenance areas for race vehicles and hazardous materials/waste, as well as restroom areas would be lined with an impervious material to contain leaks and spills and these areas would (where feasible) have a roof or awning to minimize direct precipitation within the secondary containment area. With implementation ofthe BMPs, the project would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials, or create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. The project is a temporary use that would not have the ability to impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. Further, the project features include public safety plans and personnel assigned to the events to further protect public safety during the events. Because the project is a temporary use and fire equipment and personnel will be present on the site during the proposed events, the project would not expose people or structures to a significant risk ofloss, injury or death involving wildland fires. Traffic Control: The racing events would be accessed via Main Street, Heritage Road, and Energy Way via Nirvana Road off of Main Street. The proposed events are anticipated to generate up to 7,440 vehicles per day of the event. Based on the additional special event traffic and the potential for queuing to pay for parking, there is the potential for localized congestion at ingress and egress points ofthe project and parking impacts on City roadways during the two weekends. Page 11, Item: Meeting Date: OS/23/07 A Traffic Control Plan is required to be prepared in accordance with City guidelines by the project applicant and submitted for review and approval by the City Engineer. Elements of the Traffic Control Plan would include, but not limited to, a description of the signage, striping, delineate detours, flagging operations and any other devices which would be used during events to guide motorists safely to parking locations from public roadways. The Traffic Control plan would also include provisions for coordinating with local emergency service providers regarding event times and measures for bicycle lane safety. The Plan would address parking plans for each parking lot, and would address methods to facilitate collection of parking fees to minimize queuing on public streets. The Traffic Control Plan would ensure that access and traffic flow would be maintained, and that emergency access would not be restricted. Additionally, the Plan would ensure that congestion and temporary delay of traffic resulting from the event and would be of a short-term nature. Public Safetv: The race event also has the potential to result in safety hazards associated with accidents during the race events as well as the police control efforts associated with spectators and traffic control. Therefore, there will be a temporary increase in demand for police and fire services. The racetrack will be situated approximately 8-ft. below the grandstands, with 10,000-lb. concrete barriers running along the entire frontage of the grandstand area. In addition, a 10-ft. high catch fence with steel cables will run the entire length of the grandstand area to protect spectators. The Fire Department will have a fully staffed brush engine dedicated to these racing events and paid for by the applicant. The event security team will furnish the Fire Department and Ambulance service a means for two-way radio communication during the races. An Emergency Medical Plan prepared by the applicant's management team will need to be approved by the Fire Department prior to the first races, as a condition of approval. The Police Department will also require a Security Plan that shall address all issues regarding on-site security, traffic, parking, and camping subject to the approval of the Police Chief. The applicant's management team is meeting with the Police Department's Special Events & Special Investigations Unit regarding the Security Plan. Alcoholic Beverages: Sales of alcoholic beverages are again requested for approval as part ofthis Conditional Use Permit prior to obtaining the required Alcohol and Beverage Control (ABC) permits. If approved, the applicant will coordinate the ABC permitting with the Police Department's Special Events & Special Investigations Unit prior to any sales of alcohol on the project boundary site at the racing events. All alcohol sales shall be incorporated within the food vending areas or within segregated "beer garden" areas. lt is recommended that the condition of approval require that the sale of alcoholic beverages cease prior to the last racing event of each racing day. Page 12, Item: Meeting Date: OS/23/07 CONCLUSION: Staff recommends approval of the conditional use permit based on the findings and conditions as noted in the draft City Council resolution. The Director of Planning and Building, City Engineer, Police Chief and Fire Chief may modify the various plans, such as the Security Plan, Emergency Medical Plan, and Traffic Control Plan between each of the racing event weekends to address problems or concerns raised and/or corrections as needed from the previous racing event weekends. However, if any unanticipated problems occur, staff will schedule a new public hearing between each racing event weekend to modify or revoke the Conditional Use Permit. ATTACHMENTS: 1. Locator Map 2. Planning Commission Resolution PCC-07-063 3. Draft City Council Resolution 4. Application Documents with Disclosure Statement 5. Mitigated Negative Declaration IS-07-030 6. May 7,2007 Resource Conservation Committee Action Agenda 7. May 7,2007 Resource Conservation Committee Minutes (Draft) 8. Recommendation of the OVRP Off-Road Race Sub-Committee 9. May 4,2007 OVRP Off-Road Race Sub-Committee Meeting Minutes 10. April 26, 2007 Joint Policy Committee-Citizen's Advisory Committee Meeting Minutes 1 I. April 25, 2007 OVRP Citizen's Advisory Committee Meeting Minutes 12. Comment Letter from Patricia and Michael McCoy, OVRP Committee Member 13. 3 Comment Letters from Frank Ohrmund, OVRP Committee Member 14. Comment Letter from Karen Smith, OVRP Committee Member 15. Comment Letter from Mike Behan, OVRP Committee Member J :\PLANNINGIHAROLDlPCC-07-063-PCREPORT.DOC RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM, IS-07-030, AND GRANTING A CONDITIONAL USE PERMIT, PCC-07-063, TO CONDUCT OFF-ROAD RACING EVENTS ON A TEMPORARY OFF- ROAD RACETRACK ON A PORTION OF THE OTAY RANCH ROCK MOUNTAIN QUARRY, LOCATED OFF OF HERITAGE ROAD AND ADJACENT TO THE OTAY RIVER VALLEY. A. RECITALS 1. Project Site WHEREAS, the parcels which are the subject matter of this resolution are represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description are located on a portion of the Otay Ranch Rock Mountain Quarry land adjacent to the Otay River Valley, including a portion of Otay Ranch Village Three for a general public parking area, and the western Active Recreation Area within the Otay River Valley for an overnight camping area ("Project Site"); and 2. Project Applicant WHEREAS, on April 9, 2007 a duly verified application for a conditional use permit (PCC-07-063) was filed with the City of Chula Vista Planning Department by James Baldwin ("Applicant"); and 3. Project Description; Application for Conditional Use Permit WHEREAS, said Applicant requests permission to conduct off-road racmg events on June 8 - 10 and September 28 - 30,2007 on said Project Site; and 4. Planning Commission Record of Application WHEREAS, the Planning Commission held an advertised public hearing on the project on May 23, 2007 and voted X - X - X - X recommending that the City Council approve/deny the project in accordance with Resolution PCC-07-063; and WHEREAS, the Planning Commission motion was approved by a majority vote (or) (failed for the lack of a majority vote of the Commission) and the applicant has requested the project come forward for City Council consideration. 5. City Council Record of Application Resolution No. Page 2 WHEREAS, a duly called and noticed public hearing on the project was held before the City Council of the City of Chula Vista on June 5, 2007; to receive the recommendation of the Planning Commission, and to hear public testimony with regard to the same. NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine, and resolve as follows: B. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearing on this project held on May 23, 2007 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. C. ENVIRONMENTAL DETERMINATION The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-07-030 in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that the project could result in significant effects on the environment. However, revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-07-030. D. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-07-030) has been prepared in accordance with requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Environmental Review Procedures of the City of Chula Vista, and hereby adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-07-030). E. INDEPENDENT JUDGEMENT OF CITY COUNCIL The City Council does hereby find that in the exercise of their independent review and judgment, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-07 -030) in the form presented has been prepared in accordance with requirements of the California Environmental Quality Act (CEQA) and the Environmental Review Procedures of the City of Chula Vista and hereby adopts the same. F. CONDITIONAL USE PERMIT FINDINGS Resolution No. Page 3 The City Council of the City of Chula Vista does hereby make the findings required by the City's rules and regulations for the issuance of conditional use permits, as hereinbelow set forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding to be made. 1. That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The environmental document and staff reports outlines how the racetrack and temporary facilities are located a significant distance from residential neighborhoods to the south and visually obscured from view by the surrounding rock mountain quarry. 2. That such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. This conditional use permit for a two (2) weekend racing events required environmental documentation that analyzed the proposal with respect to the effect of the proposal on health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. While certain aspects of the proposal such as traffic and noise may result in some minor traffic congestion near the site at the time of the events as well as perhaps some occasional noise annoyances due to racing events, the temporary sporting events are not regulated by the noise control ordinance. For participants and spectators deciding to attend these racing events, safety precautions are maximized to ensure the health, safety or general welfare of persons involved as outlined in the environmental document and staff reports. In addition, the conditions to grant approval of this permit require that an Off- Road Race Security Plan, Safety/Medical Plan, and Traffic Control Plan shall be provided by the applicant to minimize the potential impacts to public safety, fire, traffic, parking, and other environmental effects on participants, spectators, and the surrounding residential neighborhoods in the vicinity. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The temporary racing event and activities is a conditionally permit able use within the Planned Community (PC) Zone, utilizing the unclassified use requirements listed under unclassified uses in the Zoning Code (l9.54.020J-7) for race tracks, which requires that a conditional use permit be issued by the City Council. Resolution No. Page 4 4. That the granting of this Conditional Use Permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. Because the two (2) racing events proposed in the Conditional Use Permit are being considered a temporary land use, the granting of this permit will not require amendments to the Chula Vista General Plan, or the Otay Ranch General Development Plan. G. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-07-063 subject to the following conditions whereby the Applicant shall: I. Develop the project site as shown on the racetrack site plan map submitted for review on April 9, 2007. Any revisions to this site plan required for compliance with the conditions of approval shall be provided prior to the first racing event. 2. The Applicant shall implement, to the satisfaction of the Director of Planning and Building and the Environmental Review Coordinator, all mitigation measures identified in the Final Mitigated Negative Declaration for a Conditional Use Permit for a Temporary Championship Off-Road Race (IS-07-030) and Mitigation Monitoring and Reporting Program in accordance with the requirements, provisions and schedules contained therein. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning and Building and Environmental Review Coordinator. 3. Race events can only occur on June 8 - 10 and September 28 - 30, 2007, unless postponed due to a rain event. Race related events would generally occur from 7 a.m. to 7 p.m. on those dates. Practice runs may only be held on the Fridays before the weekend racing events from 10 a.m. to 4 p.m. 4. The Security Plan to be provided to the Police Department will provide detailed guidelines for the controlling the use and access to the racetrack, parking and camping areas. The Police Chief prior to the first racing event weekend must approve the Security Plan. 5. The campsite areas shall be minimally lighted for safety and will prohibit the creation of open fire pits, the use of All-Terrain Vehicles (ATV's) and all other similar motorized vehicles, and have a curfew imposed between the hours of II :00 p.m. and 7:00 a.m. 6. Security staff as well as two on-duty Police Officers will be provided in the campsite areas from the end ofthe last race to 7 a.m. the following day, or as determined by the Police Chief. Resolution No. Page 5 7. As there are no provision for sanitary sewer connections on the site, the campsite area shall have a septic truck available to campsite users free of charge on everyday that camping is allowed, to prevent the illegal dumping of wastewater or the discharge of raw sewage onto areas that may lead to drainage systems, or within the solid waste and recycling receptacles anywhere on-site by the campers and recreational vehicles utilizing the campsite. 8. The campsite area is contingent upon each night of camping successfully complying with the conditions of this permit. Failure of the campers to abide by said conditions shall be cause for revocation of the permit to allow camping immediately, including during the same race event weekend. 9. Maintenance of the access roads, the racetrack and other transition areas shall be continuous during race events. Access roads, the racetrack and other transition areas shall be watered as needed to minimize fugitive dust. 10. All parking lots on agricultural land shall be mowed such that roots of the vegetation remain intact in order to provide soil stabilization. In addition, the installation of Best Management Practices (BMPs) to control erosion and sediment transport and to contain hazardous material storage areas shall be provided. 11. On-site parking fee collections shall occur at the very end of the access roads off of Energy Way, adjacent to the parking areas, to prevent the queuing of vehicles onto City streets. No stacking of vehicles shall be permitted on City streets and the Traffic Control Plan will require patrons to circulate further into the parking area beyond the access road collection point until traffic on-site can accommodate all vehicles amvmg. 12. The pit areas, as well as the storage area for hazardous materials/waste and restroom areas, shall be lined with an impervious material to prevent spills and potential leakage of automobile fluids and other materials into the ground or any waterways. In addition, any storage, handling or disposal of hazardous materials/waste will be in accordance with local, state and federal laws. A hazardous materials permit and inspection shall be obtained from the Fire Department prior to the first weekend's racing events. 13. Concerts or live entertainment is only allowed before; during, and immediately after each racing event occurs in association with the racing event weekends. 14. Use of the track after the final race each day will not be permitted. Access to the track would be locked after race activities have ceased for the day, and access to the site will only be permitted for race participants, crewmembers and security staff. 15. In the event of heavy rain, where there is significant surface runoff and the safety of race participants is in jeopardy, all race events will cease. Resolution No. Page 6 16. Race participant team trucks may arrive no sooner than the Wednesday before the race events. Equipment, race vehicles and some race participants/crews may remain onsite for the duration of the weekend race event. 17. A Traffic Control Plan shall be developed that addresses traffic control at event access areas. The traffic control plan shall include a parking plan and a traffic- signing plan including the location of changeable message boards. Businesses operating on Nirvana and Energy Way will be notified regarding the use of these public roads for routing general public parking along their frontages to the parking areas. The City Police and Engineering Departments shall approve the Traffic Control Plan, respectively, prior to the start of the race events. 18. General clean up and trash pick-up of the pit area, spectator stands, foodlbeverage area and parking lots shall occur on a continuous and as needed basis throughout the race events to prevent trash and debris from leaving the site. 19. Post-event activities will essentially consist of site clean up. All trash and debris generated by the proposed project will be removed. Any containers with hazardous materials/waste will be properly disposed of in accordance with local, state and federal laws. Disturbed areas of the parking and camping areas shall be stabilized to prevent or reduce soil runoff. 20. During the time in-between racing weekends, the safety/security plan prepared for the project will require that the general public parking access point from Energy Way be closed off. 2 I. All temporary structures such as light poles, grandstand bleachers, canopies, portable restroom facilities, and power generators may remain on the racetrack site after the first racing event weekend if secured, or shall otherwise be disassembled and relocated or removed from the site. 22. A 6-ft. high with razor wire temporary perimeter fence shall be erected to maintain a division between the race event area and the MSCP preserve line to prevent the intrusion of trash, debris or sediment to the MSCP area. 23. Temporary lighting will be limited to the pit area, overnight camping and vendor staging areas. The track shall not be lighted. The lighting for these areas shall be directed downward, and away from the Preserve. 24. A building permit will be required. Plans must comply with 2001 ADA, 2001 CVC, and 2004 CEC requirements for temporary power poles, power supply generators, and temporary seating grandstands and canopies. Structural calculations are required for the bleachers. Provide a letter of approval for installation of bleachers, and provide portable seating system details. The path of travel from parking areas and the path of travel to restroom facilities shall be designed to meet ADA handicapped accessibility code requirements. Resolution No. Page 7 25. As San Diego Gas and Electric has an overhead electric transmission line running along the dirt access road to the camping site, measures should be taken to control dust on the road, such as restricting speed and keeping the road dampened. The road should be left in as good as, if not better condition than it is presently. 26. All Best Management Practices (BMPs) proposed in the submitted Storm Water Pollution Prevention Plan (SWPPP) and its addendum shall be implemented before, during, and after each race event, as required. It is required that a person nominated by the applicant be in charge of conducting inspections and maintaining BMPs before, during, and after the race events. The name and contact number of the designated person shall be provided to the Storm Water Management Section. 27. It is required that the existing desilting basins remain operational and accessible at all times. Storm runoff shall be directed to those desilting basins before leaving the site. The desilting basins shall be maintained and cleaned by the applicant as necessary. 28. Barriers or fences are required to prevent race spectators from entering environmentally sensitive areas adjacent to the race area as well as camping and parking areas. 29. The existing site has two desilting basins along the south side of the quarry property. The applicant is required to submit a plan showing the final grading of the site and drainage patterns to demonstrate that all runoff leaving the project site pass through the desilting basins. 30. A new berm has been constructed along sections of the Otay River. This berm needs to have erosion control protection in the form of hydro seeding or bonded fiber matrix. 3 I. The dirt access road leading to the proposed campsite on the south side of the Otay River has been widened. Based on NPDES Regulations for soil disturbance, the applicant is required to obtain coverage under the NPDES General Construction Permit that includes the access road. A copy of the receipt of the Notice of Intent shall be submitted to the Storm Water Management Section as soon as possible. The SWPPP for the site shall be amended to include BMPs for the access road. 32. The applicant shall submit site plans showing and identifying all existing sewer lines, water lines, and all easements located within the project boundary properties. 33. The applicant is required to maintain roadway access for San Diego Gas and Electric, the City of Chula Vista, the City of San Diego, Otay River (SR-125) Construction, and al1 other local, state, and federal governmental agencies that need access to sewer lines, the water lines/aqueduct, toll way construction etc., in order to fulfil1 functions that occur as part of business and governmental operations within the affected properties. Resolution No. Page 8 34. Apply for a construction permit to perform work within public right-of- way to remove and replace the curb, gutter and sidewalk located at the cul-de-sac terminus of Energy Way that win provide access to the general public parking area. An businesses located along the frontage of Energy Way and Nirvana Avenue shan be notified regarding use of these roads for racing event traffic routing. In addition, if there is any proposal for limiting parking by posting "No Parking" signs on Energy Way and Nirvana Avenue during the racing events it shan be included for review in the Traffic Control Plan. 35. The project applicant shall prepare an Emergency Medical and Safety Plan to be approved by the Chula Vista Fire Chief. The plan shan detail, among other items, emergency access routes, type of emergency vehicles required to adequately serve the project, alternative access routes to be employed in the event of rain or damp conditions, the variety of emergency medical services that can be provided by the contract emergency medical company, chain of communication between event sponsor and medical staff, number of ambulances present onsite and the number of uniformed Chula Vista Fire Department staff needed onsite. A funy staffed Fire Department engine company and Battalion Chief win be onsite during an race events. 36. Provide approved fire access from Energy Way to parking. Provide approved emergency access within fenced areas. An access ways shan be no less than twenty feet wide. Provide approved fire lane through vendors, pits, parking and camping area. Provide access to the racetrack. 37. Provide plans showing location of parked fuel truck in relationship to entire event. This truck shall be down wind of the entire event. Purchase a permit for hazardous materials and submit manifest. Provide 20- ft. wide access to fuel truck. Provide 25- ft. minimum from generators, 50-ft. from combustibles (tents) and post "No Smoking" signage. Drums shan be bonded in an approved manner. Provide NFP A 704 signage. Any dispensing shall be provided with an approved means of secondary containment. Provide at least a 2A40BC fire extinguisher. This applies to an fuel trucks even if only delivering fuel. 38. Submit plans for an generator users such as race teams, food vendors, and carnival areas. Submit plans and apply for a fireworks permit prior to event. Ensure that all generators are grounded and fenced off. Apply for an additional permit for hazardous materials. Provide a fire extinguisher on site. 39. Submit plans and apply for an necessary permits to the Fire Department for all tents/canopies in related to the racing events. Obtain a letter of indemnification for semi truck / race trailers from Fire Marshal. Obtain approved stand by from fire department personnel. 40. Submit plans for the placement of grandstands to the Fire Department. Ensure correct aisle ways/exit paths. An exit paths shan remain clear of an items. Provide clear fire access and fire lane. Post "No Smoking" signage in pit areas. Obtain permit for the Resolution No. Page 9 pit areas for the storage area of hazardous materials prior to the first racing events. Provide Emergency Medical Plan for review and approval by the Fire Chief prior to the event. 41. Provide the Fire Department access to all of the camping areas. No campfires are allowed or any open burning or the creation of open fire pits. Fenced area shall have approved number of emergency exiting. Access roads to any of the camping areas shall be no less than twenty feet wide. 42. The Applicant shall provide signs at all of the entrances to the racing event indicating the following: California Vehicle Code (CVC) 22658: (a) Except as provided in Section 22658.2, the owner or person in lawful possession of any private property, within one hour of notifying, by telephone or, if impractical, by the most expeditious means available, the local traffic law enforcement agency, may cause the removal of a vehicle parked on the property to the nearest public garage under any of the following circumstances: (I) There is displayed, in plain view at all entrances to the property, a sign not less than 17 by 22 inches in size, with lettering not less than one inch in height, prohibiting public parking and indicating that vehicles will be removed at the owner's expense, and containing the telephone number of the local traffic law enforcement agency. The sign may also indicate that a citation may also be issued for the violation. 43. The Applicant's representative Championship Off-Road Racing (CORR) management team shall provide a Security Plan for review and approval by the Police Department's Special Events & Special Investigations Unit and subject to final review and approval by the Police Chief. Compliance with the Security Plan approved by the Police Chief is a condition of this permit. 44. The Applicant's representative CORR management team shall obtain and provide all required Alcoholic Beverage Control (ABC) permits to the Police Department's Special Events & Special Investigations Unit prior to any sales of alcohol on the project boundary site at the racing and entertainment events. The sale of alcoholic beverages may occur during the races and shall cease one hour prior to the end of the races. Compliance with the limitation to the sales of alcohol is a condition of this permit. 45. The Applicant shall furnish the Chula Vista Police Department, Fire Department, American Medical Response, and CORR management team a means for two-way radio communication during the hours of operation. 46. Provide a minimum 20-ft. wide parking aisle to every parking space area. Parking aisles shall serve a maximum double-loaded row of vehicles. Tandem parking is prohibited. 47. Provide an Emergency Medical Plan for review and approval by the Fire Chief prior to the commencement of the first racing event. Resolution No. Page 10 48. The Applicant shall provide proof of liability insurance coverage naming the City of Chula Vista as an additionally insured party in the amount of $10 million. The liability insurance policy shall be reviewed and approved by the Risk Management Department two weeks prior to the event. 49. Noise impacts adjacent to the preserve shall be minimized. Berms and/or walls shall be constructed adjacent to uses that introduce noises that could impact or interfere with wildlife utilization. The proposed project shall construct a noise attenuation barrier along the backs of all grandstands adjacent to the preserve to the satisfaction of the City's Environmental Review Coordinator and Director of Planning and Building. 50. The Applicant shall provide acoustical monitoring at the edge of and within sensitive habitat areas including designated MSCP Preserve areas to the satisfaction of the Environmental Review Coordinator throughout all pre-race events and the race event weekend. Monitoring locations shall be reviewed, and approved by the City's biological consultant prior to the commencement of any race related activity. Upon completion of the acoustical monitoring, a summary report shall be provided to City staff. 51. The Applicant shall provide biological monitoring within sensItIve habitat areas including designated MSCP Preserve areas to the satisfaction of the Environmental Review Coordinator throughout the race event weekend to ensure implementation of appropriate resource protection measures. Monitoring shall include, but is not limited to, the following: changes in sensitive species behavior (most notably coastal California gnatcatchers and least Bell's vireo), intrusions into the MSCP Preserve, visible trampling of natural vegetation adjacent to the project footprint, and edge effects at the border of the MSCP preserve and adjacent to the project footprint. Monitoring locations shall focus on adjacent Preserve areas, the locations of which shall be reviewed and approved by the City's biological consultant prior to the commencement of any race related activities. Upon completion of the biological monitoring, a report summarizing the general baseline biological conditions (i.e., pre- race conditions), the observed effects of race related activities on biological resources, and the applicant's conformance to the City's adjacency management guidelines shall be provided to City staff. 52. Prominently colored, well-installed fencing shall be in place wherever race related operations, including access roads, parking areas, camping areas, and track are adjacent to sensitive vegetation communities and/or other biological resources, as identified by a qualified monitoring biologist. Fences will provide a minimum of a I OO-foot buffer, where feasible, between the project footprint and the Preserve. 53. Sensitive habitat signage shall be installed approximately every 150' along all fences and Preserve edges. Resolution No. Page II 54. Use of the existing Otay River access road (Parking and Camping Areas to Track Area) and existing Wolf Canyon access road during the race weekend(s) by pedestrians is strictly prohibited. On-site security staff shall direct race patrons to the appropriate shuttle pick-up/drop-offlocations. Enforcement of this condition shall be detailed in the proponents security plan which shall be reviewed and approved by the city's Environmental Review Coordinator prior to the commencement of any race related activities. 55. Lighting of all developed areas adjacent to the Preserve shall be directed away from the Preserve, wherever feasible and consistent with public safety. In compliance with the Chula Vista MSCP Subarea Plan, all lighting shall be shielded and directed away from the Preserve. Prior to the commencement of any race related activities, a lighting plan and photometric analysis shall be submitted to the City's Environmental Review Coordinator for review and approval. The lighting plan shall illustrate the location of the proposed lighting standards and type of shielding measures. Low- pressure sodium lighting shall be used if feasible and shall be subject to the approval of the City's Environmental Review Coordinator. 56. Parking and camping stalls shall be sited a minimum of 100 feet away from the Preserve edge and/or any identified areas containing sensitive biological and archeological resources. Parking and camping stalls shall be sited under the direction of a qualified biologist and archeologist. 57. Prior to approval of the proposed CUP, the project applicant shall prepare a security plan to be approved by the Chula Vista Police Chief and the City's Environmental Review Coordinator. The security plan shall detail, among other items, the number of security personnel provided, general distribution of security throughout the race event including Preserve areas, and number of uniformed Chula Vista police staff required. In order to maintain the biological integrity of the adjacent Preserve areas, the security plan shall further describe all activities that are prohibited within or adjacent to Preserve areas as well as address how violations are to be processed. Prohibited activities include, but are not limited to, use of illegal fireworks, campfires, use of personal ATV's within the project area including camping and parking areas, encroachment into designated Preserve areas and/or sensitive habitat areas, and pedestrian use of the Otay River and Wolf Canyon shuttle routes. 58. The Applicant shall enforce the following rules in the camping area: I) an I I p.m. curfew on noise disturbance (e.g., no loud speaking equipment or stereos will be allowed), proper disposal of all trash, a prohibition on leaving the campground and intruding into the adjacent Preserve areas, and a prohibition on the personal use of fireworks. All campers should receive a leaflet explaining the campground rules, how campers will be able to access the racetrack (i.e., via shuttle onlv), and the biological sensitivity of the surrounding areas. 59. 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 Resolution No. Page 12 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. 60. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit (PCC-07-063) and the Final Mitigated Negative Declaration for this Conditional Use Permit allowing for a Temporary Championship Off-Road Race (IS-07-030) and Mitigation Monitoring and Reporting Program, (b) City's approval or issuance of any other permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) the activities conducted in conjunction with this Conditional Use Permit and Final Mitigated Negative Declaration, including all claims for damages for alleged personal injuries or property damage from any person or entity, whether such injury or damage is allegedly caused by applicant/operator, race participants, vendors, or spectators. 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. H. EXECUTION 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 within ten days of recordation to the City Clerk shall indicate the property owners/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the City Clerk's Office and known as document No. Signature of James Baldwin ApplicantlProperty Owner Date Signature of Applicant's Event Representative From Championship Off-Road Racing (CORR) Date Resolution No. Page 13 I. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision, and condition herein stated; and that in the event that anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by Jim Sandoval Planning and Building Director Ann. Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 5th day of June, 2007, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: Council members: Council members: Council members: Council members: 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 5th day of June 2007. Executed this 5th day of June 2007. Susan Bigelow, City Clerk J :IPLAI'I'INCIHAROLDIRESOLUTlONSIPCC-07-063CCRESO.DOC OTAY LANDFILL VILLAGE 3 IVIAJN ST VILLAGE 4 EXISTING ROCK QUARRY COORS AMPHITHEATRE NORTH MSCP PRESERVE ~ Project Area MSCP Preserve ~\ft- -fJ- -~ ~- OlY OF CHULA VISTA Planning & Building Department Planning Division APPLICATION . DEVELOPMENT PROCESSING . TYPE A Part 1 Type of Review Requested L><:J Conditional Use Permit D Design Review D Variance D Special Use Permit (redevelopment area only) D Misc. Application Information Applicant Name Championship Off-Road Racinq (CaRR) Applicant Address 610 West Ash Street. Suite 1500, San Dieqo. CA 92101 Contact Name Ranie Hunter Phone 619-234-4050 ext 107 Applicant's Interest in Property (If applicant is not the owner. th authorization signature at the end of this form is required to process this request.) 181 Own 0 Rent 0 Other: ArchitecUAgent: Address: Contact Name: Phone: Primary contact is: 181 Applicant 0 ArchitecUAgent 181 Email ofprimarycontact:rhunter@otavranch.com General Project Description (all types) Project Name: 2007 CaRR Event Proposed Use: Off-Road Racinq General Description of Proposed Project: See Attached Exhibit A Has this project received pre-application review comments? 0 Yes (Date:) 181 No Subject Property Information (all types) Location/Street Address:2041 Heritaqe Road, Chula Vista. CA 91913 Assessor's Parcel #: see attached Total Acreage: 89 Redevelopment Area (if applicable): N/A General Plan Designation: OS Zone Designation:N/A Planned Community (if applicable): Otav Ranch (Portion) Current Land Use: Reclaimed Rock Quarrv Within Montgomery Speci(ic Plan? 0 Yes ~ No Proposed Project (all types) Type of use proposed: 0 Residential DCommercial Landscape Coverage ('Yo of lot): o Industrial [8J Other:Temporarv Special Event Building Coverage ('Yo of lot): 276 Fourth Avenue I Chula Vista I California I 91910 I (619) 691-5101 Assessor's Parcel #'s: . 644-060-06 . 645-030-19 . 644-060-07 . 644-060-08 . 644-060-09 . 644-060-12 . 644-060-11 ~\f? -tl- -::::----:-- APPLICATION . DEVELOPMENT PROCESSING . TYPE A Part 2 CllYOF CHULA VISTA Residential Project Summary Type of dwelling unit(s): N/A Number of Jots: Dwelling units: PROPOSED EXISTING 1 Bedroom 2 Bedroom 3+ Bedroom TOTAL Density (DU/acre): Maximum Duilding height: Minimum lot size: Average lot size: _ Parking Spaces: Required by code: Provided: Type of parking (i.e. size; whether covered, etc.): Open space description (acres each of private, common, and landscaping): Non-Residential Project Summary Gross floor area: N/A Proposed: Existing: N/A Building Height: N/A Hours of operation (days & hours): Race Dav Schedule: 7am to 7pm (except Fri. Wam to 5pm); Limited weekday testinq 9am to 5pm. Dates: June 8-10 and September 28-30 Anticipated number of employees: 40 Staff/50 misc vendors Maximum number of employees at anyone time: 40 Staff Number and ages of students/children (if applicable): N/A Seating capacity: 10,000 Parking Spaces: Required by code: N/A Provided: 7150 Approximatelv Type of parking (i.e. size; whether covered, etc.): open field Authorization Print applicant name:Ja~ldWin , <~dt-- Applicant Signature: : J / 'l,1iLL, ~'C../ Date: _~)dS/l)? Print owner name*:, 'd. Owner Signature*~-'r>~/n~ ~- ~ Date: ~~/D7 , 276 Fourth Avenue I Chula Vista I California I 91910 I (619) 691-5101 -~----,-~.~--~-----_... --- --~~~- _._~--_._._-_._,- ~!~ -1<1- -- -- Planning & Building Department Planning Division I Development Processing OlY OF CHULA VISTA ~--..----~~--_.--- APPLICATION APPENDIX A Project Description & Justification Project Name: CORR Race Events Applicant Name: Championship Off-Road Racinq (CORR) Please fully describe the proposed project, any and all construction that may be accomplished as a result of approval of this project. and the project's benefits to yourself, the property, the neighborhood, and the City of Chula vista. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may include any background information and supporting stalements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. For all Conditional Use Permits or Variances, please address the required "findings" as listed in the Application Procedural Guide. DESCRIPTION AND JUSTIFICATION: Temporary Championship Off-Road Racinq Event. The proposed project is a temporary off-road racinq event proposed on the reclaimed portion of the Rock Quarry located adjacent to the Otav River Valley, a portion of Otav Ranch Villaqe Three (parkinq) and the western Active Recreation Area within the Otay River Valley (campinq). The event will occur on two weekends. June 8 - 10 and September 21 - 23.2007. Site preparation will include installation of qrandstands. securitv liqhtinq and storm water BMPs. The racinq venue is proposed within the southern portion of the Rock Quarry which has been reclaimed and is lonqer subiect to active mininq operations. Parkinq will occur on aqricultural land within a portion of Otav Ranch Villaqe Three. The event area will be fenced. Vehicular entrances to parkinq lots will be via existinq dirt roads from Main Street and Heritaqe Road. Event sponsors and the Citv will provide fire, police and emerqency services. A temporary traffic control plan will be developed to facilitate arrival and departure from parkinq lot areas. Overniqht campinq is proposed within a 27 acre parcel desiqnated for "Active Recreation" within the MSCP and Otay Vallev Reqional Park Concept Plan. Races will occur durinq davtime hours. Temporary niqht liqhtinq will be provided. Permits will be required to address non-storm water discharqes. The project requires a Conditional Use Permit. ------------ - --------- --------- ----------------- ------------------------- -- ------ - ------------------ - ---------------------- --- ---- --- 276 Fourth Avenue I Chula Vista I California I 91910 I (619) 691-5101 ~ \ ft... -.- ~--~ --- -- CllY OF CHULA VISTA Planning & Building Department Planning Division I Development Processing -------- APPLICATION APPENDIX B Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City. a statemenl of disclosure of certain ownership or financial interests. payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 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, material supplier. Jim Baldwin Rimrock Quarry 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. Jim Baldwin 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. N/A 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. Kim John Kilkennv Ranie Hunter Rob Cameron Lex Williman Kent Aden 5. Has any person* associated with this contract had any financial 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. briefly 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 twelve (12) months to a current member of the Chula Vista City Council? No ~ Yes 0 If yes, which Council Member? 276 Fourth Avenue I Chula Vista I California I 91910 I (619) 691-5101 ~\f? -.- F~~ -- -- olY OF CHULA VISTA Planning & Building Department Planning Division I Development Processmg 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 D- No ~ If Yes, which official" and what was the nature of item provided? ( /1 ~~ 'r/1211~ / Signature of Contractor/Applicant Date: March 28. 2007 Ranie Hunter Print or type name of Contractor/Applicant . 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, -or 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 committee of the City, employee, or staff members. 276 Fourth Avenue I Chula Vista I California I 91910 I (619) 691-5101 ~\f? -.- -- .: ~~ OlY OF (HULA VISTA Planning & Building Department Planning DivislOn I Development Processing APPLICATION APPENDIX C Development Permit Processing Agreement Permit Applicant: Applicant's Address: Type of Permit: Agreement Date: Deposit Amount: James P. Baldwin 610 West Ash Street. Suite 1500. San DieQo. CA 92101 Conditional Use Permit Temp. This Agreement ("Agreement") between the City of Chula Vista, a chartered municipal corporation ("City") and the forenamed applicant for a development permit ("Applicant"). effective as of the Agreement Date set forth above, is made with reference to the following facts: Whereas, Applicant has applied to the City for a permit of the type aforereferenced ("Permit") which the City has required to be obtained as a condition to permitting Applicant to develop a parcel of property; and, Whereas. the City will incur expenses in order to process said permit through the various departments and before the various boards and commissions of the City ("Processing Services"): and. Whereas the purpose of this agreement is to reimburse the City for all expenses it will incur in connection with providing the Processing Services; Now, therefore. the parties do hereby agree. in exchange for the mutual promises herein contained. as follows: 1. Applicant's Duty to Pay. Applicant shall pay all of City's expenses incurred in providing Processing Services related to Applicant's Permit. including all of City's direct and overhead costs related thereto. This duty of Applicant shall be referred to herein as "Applicant's Duty to Pay." 1. 1. Applicant's Deposit Duty. As partial performance of Applicant's Duty to Pay. Applicant shall deposit the amount aforereferenced ("Deposit"). 1.1.1. City shall charge its lawful expenses incurred in providing Processing Services against Applicant's Deposit. If, after the conclusion of processing Applicant's Permit. any portion of the Deposit remains. City shall return said balance to Applicant without interest thereon. If, during the processing of Applicant's Permit, the amount of the Deposit becomes exhausted. or is imminently likely to become exhausted in the opinion of the e City, upon notice of same by City. Applicant shall forthwith provide such additional deposit as City shall calculate as reasonably necessary to continue Processing Services. The duty of Applicant to initially deposit and to supplement said deposit as herein required shall be known as "Applicant's Deposit Duty". 2. City's Duty City shall. upon the condition that Applicant is no in breach of Applicant's Duty to Payor Applicant's Deposit Duty, use good faith to provide processing services in relation to Applicant's Permit application. 2.1. City shall have no liability hereunder to Applicant for the failure to process Applicant's Permit application. or for failure to process Applicant's Permit within the time frame requested by Applicant or estimated by City. 276 Fourth Avenue I Chula Vista I California I 91910 I (619) 691-5101 ~\/~ -11- ~-~ ~.~-~--- CllY Of (HULA VISTA Planning & Building Department Planning Division I Development Processing Development Permit Processing Agreement - Page 2 2.2. By execution of this agreement Applicant shall have no right to the Permit for which Applicant has applied. City shall use its discretion in valuating Applicant's Permit Application without regard to Applicant's promise to pay for the Processing Services. or the execution of the Agreement. 3. Remedies. 3.1. Suspension of Processing In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has the right to suspend and/or withhold the processing of the Permit which is the subject matter of this Agreement, as well as the Permit which may be the subject matter of any other Permit which Applicant has before the City. 3.2. Civil Collection In addition to all other rights and remedies which the City shall otherwise have at law or equity. the City has the right to collect all sums which are or may become due hereunder by civil action, and upon instituting litigation to collect same. the prevailing party shall be entitled to reasonable attorney's fees and costs. 4. Miscellaneous. 4.1 Notices. All notices. demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices. demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified. with return receipt requested at the addresses identified adjacent to the signatures of the parties represented. 4.2 Governing LawNenue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable. the City of Chula Vista. or as close thereto as possible. Venue for this Agreement. and performance hereunder, shall be the City of Chula Vista. 4.3. Multiple Signatories. If there are multiple signatories to this agreement on behalf of Applicant. each of such signatories shall be jointly and severally liable for the performance of Applicant's duties herein set forth. 4.4. Signatory Authority. This signatory to this agreement hereby warrants and represents that he is the duly designated agent for the Applicant and has been duly authorized by the Applicant to execute this Agreement on behalf of the Applicant. Signatory shall be personally liable for Applicant's Duty to Pay and Applicant's Duty to Deposit in the event he has not been authorized to execute this Agreement by Applicant. 4.5 Hold Harmless. Applicant shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against any claims, suits, actions or proceedings, judicial or administrative, for writs, orders, injunction or other relief, damages, liability. cost and expense (including without limitation attorneys' fees) arising out of City's actions in processing or issuing Applicant's Permit. or in exercising any discretion related thereto including but not limited to the giving of proper environmental review. the holding of public hearings. the extension of due process rights. except only for those claims. suits. actions or proceedings arising from the sole negligence or sole willful conduct of the City, its officers. or employees known to. but not objected to. by the Applicant. Applicant's indemnification shall include any and all costs. expenses, attorney's fees and liability incurred by the City, its officers, agents. or employees in defending against such claims. whether the same proceed to judgement or not. Further. Applicant, at its own expense. shall. upon written request by the City. defend any such suit or action brought against the City. its officers, agents. or employees. Applicant's indemnification of City shall not be limited by any prior or subsequent declaration by the 276 Fourth Avenue I Chula Vista I California I 91910 I (619) 691-5101 ---~----- ~\r?- -tJ- ~~~ -~---~_.~ CITY OF CHULA VISTA Planning & Building Department Planning Division I Development Processing -_._._--~ Development Permit Processing Agreement - Page 3 Applicant. At its sole discretion, the City may participate at its own expense in the defense of any such action. but such participation shall not relieve the applicant of any obligation imposed by this condition. 4.6 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this agreement against the City unless a claim has first been presented in writing and filed with the City of Chula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1 .34 of the Chula Vista Municipal Code, as same may from time to time be amended. the provisions of which are incorporated by this reference as if fully set forth herein. and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. Now therefore, the parties hereto. having read and understood the terms and conditions of this agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto. Dated: City of Chula Vista 276 Fourth Avenue Chula Vista. CA By: Dated: March 28. 2007 James P. Baldwin . / 610 West Ash Street. Suite 1500 By: ~/J1/f2~~;;;;eqo. CA 92101 276 Fourth Avenue I Chula Vista I California I 91910 I (619) 691-5101 CHAMPiONSHIP OFF ROAD RACING Chula Vista International Raceway Mitigated Negative Declaration PROJECT NAME: Conditional Use Permit for Temporary Championship Off-Road Race 2007 PROJECT LOCATION: East of the existing terminus of Main Street, east of Heritage Road ASSESSOR'S PARCEL NO.: 644-030-19-00,644-060-06-00,644-060-07-00, 644-060-08-00, 644-060-09-00, 644-060- I 2-00 PROJECT APPLICANT: James P. Baldwin CASE NO.: IS-07 -030 DATE OF DRAFT DOCUMENT: April 2Q+, 2007 DATE OF RESOURCE CONSER V AnON COMMISSION MEETING: Mav 7,2007 DATE OF FINAL DOCUMENT: PREPARED BY: Glen Laube, Environmental Projects Manager Revisions made to this document subsequent to the issuance of the Notice of Availabilitv of the draft Miti!!ated Ne!!ative Declaration are denoted bv underline. A. BACKGROUND As described in detail in Section B below, the proposed project is the temporary use--fer ChaH,pioHship Off road Racing (COR.c'l), _of a portion of the Otav Ranch Pit Rock Quarry located adjacent to the Otay River Valley, a portion of Otay Ranch Village Three (paorkiHg), and a portion of the western Active Recreation Area within the Otay River Valley (eamping) for the 2007 Championship Off-road Racing (CORR) event. CORR was held on the Village Two and Four project sites for the 2005 and 2006 temporary race events, subject to Conditional Use Permits (CUP) for those events. This Mitigated Negative Declaration MNP-(hereinafter referred to as MND IS-07-030) evaluates the potential environmental effects from site preparation, off-road racing and post-racing activities associated with the proposed two-weekend 2007 race events. This MND has been Page 1 of 36'Mi I prepared by the City as the lead agency and in conformance with 915070, subsection (a), of the State CEQA Guidelines. B. PROJECT DESCRIPTION The proposed project is a temporary event involving off-road racing on the portion of the Rock Quarry located adjacent to the Otay River Valley, a portion of Otay Ranch Village Three (parking) and the western Active Recreation Area within the Otay River Valley (camping) (Figures I and 2). The event will occur over two, non-consecutive weekends, June 8 - 10 and September 28 - 30, 2007. Site preparation will include installation of grandstands, security lighting and fencing, orange bio fencing (orange bio fencing, chain-link, three-strand) to restrict access to the City's MSCP Preserve, signage for sensitive habitat areas, and storm water BMPs. The racing venue is proposed within the southern portion of the Otav Ranch Pit Rock Quarry which is no longer subject to resource extraction operations. Parking wi1l occur on agricultural land within a portion of Otay Ranch Village Three. Vehicular entrances to parking lots will be via existing dirt roads from Main Street, Heritage Road, and Energy Way. Event sponsors and the City will provide fire, police and emergency services. A temporary traffic control plan will be developed to facilitate arrival and departure from parking lot areas. Overnight camping is proposed within a 27-acre parcel designated for "Active Recreation" within the City's General Plan. Races will occur during daytime hours only; however, temporary night lighting will be provided for secnrity purposes. Permits will be required to address non-storm water discharges. The project requires a Conditional Use Permit. Event-related activities include: 1. Races on Saturdays and Sundays of event weekends. 2. Pre-race track trials and qualifications (Friday before event weekends) 3. Friday through Sunday overnight camping for race participants and event attendees on evcnt weekends. 4. Event Parking. 5. Nighttime security lighting. 6. Limited fire works. 7. Live music before, during and after race events. The site layout and orientation of uses for the proposed CORR are graphically depicted on Figure 3. The site plan includes a temporary racetrack, standslbleachers for spectators, food areas, pit areas for race participants, a camping area, and parking areas. The project proposes to include structural clements to provide sound attenuation, including, but not limited to, installation of plywood to the back of the grandstands. The plywood ban-jer would be mounted on the back of four grandstand stmctures, each measuring 234 feet in width and 60 feet in height. The thickness of the plywood would be a minimum Y2 inch. The project also includes fencing to provide security and to avoid unauthorized access to adjacent Preserve areas. The location of sound attenuation elements and fencing are also shown on Figure 3. Page 2 of36;).6 I Orange County Ri-v:er~ County Fallbrook Camp Pendleton Oceanside Valley Center Escondida La Jolla Alpine San Diego Coronado o Imperial Beach Mexico o 4 ,Miles 8 Championship Off-Road Race MND I FIGURE I Regional Map 1 ~.IT'- ~, '- , ,,~ i , -'?~~~'''''' i:fr;;~J- - ~- '.' o '" "D JI'fo-",_ I ! ^' {'-.--.i,.~ . c=-- "or, > -\ ,.. f r-' ~.:.:!-- ~ ~_~ _~" ~ IL_:,-.L ~1-;s.L'>----! '".-e-,i\-'" ~ D U --tr - I .\'11__ ... .,G' I ,-' ,=-~, 'v"" ~ 11. !..... - ' JI ',,_',_ . ,-- ", ,t . .} __~~ ~ AI E...~' ~ =: :;:. ~:.: ' , --:-: .-"- -- _,' /",' "':: I !A] ~-"-"":--=-~ - ::',f.:~ ~~>-~Li;s .-~~~~""1""""""" :1 "ff, ~'" . ! ,0 T :\ A\", <1' U~G~ 7.5 Minute se;ie~.;~.~~i, B~ach &Otay M'es~~'uad;~ngleS () .. 20;;" ;.- :-:.- ..-.: b - L -- --- .-.... ."f -' '" '\ \ \ , \ \ '\ ('1:>irl':-i0-, " " " ~ o ., l:'~: '" ;- "' ". ,__ J~i_~:;" ^ BASE MAP SOURCE: , I I r' "~f'"~"-> I I 101' c.1'o(\ - _~.-'-.R .."'... J ; '---',.~~ ,t>.. , "- ,\ () \ " v _,-"'i - "- < ' l . O' \-; " 'f' ./" ' 0;\-..... '; . .:!!-t '<':'>o-,~ ',. " '., " ,..... ":--</,0 ?"'....~:: ~ " "J , '-,~ ".,. '^ ';,''v_=. ::"'(o.r.ca~''-'~'.~ ...~ ,,,,A,,;,':-' ---~'=<. " , ." ". .f # " '--....~ 'P~;-kirl~i ...... I '" ~," ! .-~'"Ji ." .~__ 'V. ;. ~ 1.'- ;; '.'. - , ., .;J' q;.Q - . " " . ., " " .n .. ,~.,~ ~.~t'./ ..._ __,.' o~o . /..;{- .' ..,0 . ., ... ;f~~3~~ ~-'- --'''''''''=--- IJ --.. ~'<.:~., , -/,:" ....,... fiE '" " .:.; i>~~+~~~37 -,..-'-{ '. ~.~..;..;e,.fln. .' 0 l' rA Y .: -"',' ~~ ----:-_?~---:_-::."'..:--,.-.: ~~-;;;:-~r:fich?, ,'c ;<-camping->~-H_." _- ."--""'~-~-"~~.!:~~.,,;:;., ._"'---....~-,~-.: . -' ~ .' . ~:-... ... "'-'.'- .. \ ~,-'"'" \ " -.1 , ,-~ "-:';:' l:"~ :~>~~1 ~. 1..",J" __ _ 1,>':--r' '. -'~., '"I -=-=.: 'r lr -~, ",: ~ X},t J,i "\ . c".. ___ -.,. v- I .n .iZ. ~'t =7~I-- .,~, ~.--:.,,--- >-, .. .'........-- , /~ I '. '(- , 11 ,Ii f; J. " ,__-c-= "'~>---"~ i ~ .'fo-rlO~ ,-:" ---,--~---==-,--", I' k',Hn'N~ .-' . :::28 r' L E L D , I .\(;XII_I,\II.Y I ~ ;\ \; A L A II< ,- , ' ~t4 ;h2 '.' ~ " I~- 1 .' -- Championship Off.Road Race MND I FIGURE I Vicinity Map 2 . " . ~ '" . ::i Q) . " 'Ii C .c ~ <.> 6 iQ in I~ 0~ I '" '" z 0 ~ '.j:j '" '" u <.> ~~ iiJ... '* ~ ;g~ .9- CD .<: <.> ~ '" .~ a: ~'i J;! II> U 0 CI.. E c.. Additional noise attenuation is provided by existing terrain/topography on the north and east sides of the track area. Specifically, an approximate 15 foot-high shear rock face separates the track from the adjacent open space areas located to the east. It should be noted that quarry operations are ongoing within the boundaries of and pursuant to an approved Reclamation Plan under the California Surface Mining and Reclamation Act. Grading and leveling of the track is being conducted under the Reclamation Plan and is not subject to additional environmental review or approvals by the City of Chula Vista. As noted above, site preparation that is considered part of the use that is subject to the CUP includes installation of grandstands, security lighting and fencing, orange bio fencing (orange bio fencing, chain-link, three-strand) to restrict access to the City's MSCP Preserve, signage for sensitive habitat areas, and storm water BMPs. Also, this MND addresses all activities that are associated with the race operation, including the use of the track that is created under separate permits. CORR Access and Parkin!! It is anticipated that the CORR event will draw approximately 10,000 spectators per day from the San Diego County region. Freeway access to the CORR event will be from the Main Street interchange at 1-805, located approximately two miles to the west. Entrances into the race area will be provided from Wiley Road, which is the existing quarry access road, and Energy Way located within the industrial area south of the Otay Landfill. A total of 7,440 parking spaces will be provided in the designated parking area within Village Three. Access to the Village Three parking area will be provided Energy Road to the west. A shuttle will be provided to transport patrons from the camping area to the track area. The Village Three parking area is on agricultural land that has been mowed. By maintaining the root structure, dust will be minimized in these areas, and agricultural activities can resume after the last CORR event. Access to the parking area in Village Three will require minor modifications to the cul-de-sac located at the eastern terminus of Energy Way. Modifications to the Energy Way cul-de-sac include temporary replacement of the existing curb and chain link fence with asphalt driveway an ancillary BMPs including but not limited to crushed gravel and/or "rumble plates". Temporary BMP to be employed at this location are further detailed in the project's Storm Water Pollution Prevention Plan (SWPPP). No race-event parking will be permitted in non-designated areas. Race-event staff members will be positioned to direct race spectators into designated parking areas. Parking will be prohibited along Wiley Road, cast of Main Street with the exccption of the designated VIP parking areas located within the southwestern area of the cxisting quarry site that are currently used for transport staging and weigh-in (i.e., scales area). Access to the camping area will be provided via an existing dirt road located off existing Heritage Road. From the camping area, race patrons will be shuttled across the Otay River via an existing, elevated easement road. Pedestrian access through Wolf Canyon and across the Otay River will be prohibited and monitored by on-site security staff. Page 6 of36~ I Site Preparation Phase Site preparation activities associated with site preparation involve minor leveling of the track and other previously graded areas, mowing of previously mowed areas, set up for the pit area for race crews, spectator stands and food service areas, and installation of Best Management Practices (BMPs) to control erosion and sediment transport and to contain hazardous material storage areas. As noted previously, the track and surrounding areas within the boundary of the Reclamation Plan will be graded/leveealeveled as part of the reclamation activities of the existing quarry. Existing dirt access roads off of Main Street will provide access to VIP parking areas and the race event area. No new grading will be required for the access roads. Watering of the access roads and all cleared areas will occur throughout site preparation to minimize dust emissions. Gravel may also be laid down at transition areas from dirt to paved surfaces to reduce dust. The maintenance area for race vehicles (pit areas) will be located to the west of the racetrack (Figure 3). These areas, as well as the storage area for hazardous materials/waste and restroom areas, will be lined with an impervious material to prevent spills and potential leakage of automobile fluids and other materials into the ground or any waterways. In addition, any storage, handling or disposal of hazardous materials/waste will be in accordance with local, state and federal laws. Because the CORR event is temporary, no permanent utilities wil1 be constructed. Generators for lighting and electricity will be brought onto the site, as well as portable restrooms facilities and water. Temporary standslbleachers and any equipment needed for the spectator and entertainment areas wil1 also be provided by the event sponsor. Installation BMPs as described in the SWPPP for the project will be required during site preparation. The BMPs are required to control erosion, stabilize manufactured slopes, reduce site runoff and protect water quality. The required BMPs for this phase are described in Attachment A, Implementation of Best Management Practices for Storm Water Pollution Prevention at the Otay Ranch Championship Race Track Site. The specified BMPs will require approval by the Director of Public Works and will be monitored throughout the event. Race Event Phase Race events will occur over two, non-consecutive weekends, June 8-10 and September 28-30. Race event hours will be generally from 7 a.m. to 7 p.m. on Saturdays and Sundays. Practices will occur on the Fridays before the event from 10 a.m. to 4 p.m. Actual racing on the weekend will begin during a one-hour practice session from 9:30 to 10:30am. On the race event days, up to six races wil1 be held each day of the event. The last race will conclude at approximately 3 p.m. Limited non-racing weekday activities would involve registration and technical inspections. The CUP win require that no race car engines shall be operated before 8 a.m. and no racing on the track will occur before 9:30 a.m. Page 7 of 36~ I No helicopter flights are proposed in conjunction with the race events. Post race events may incl ude an awards ceremony, which will conclude at sunset. Loud speakers, microphones and other audio-visual equipment will be provided to announce races. Night lighting for security purposes will be limited to the pit area, overnight camping and vendor staging areas. Live music will occur throughout the race event; however" N1}o nighttime concerts are proposed. Overnight camping will be penl1itted for event attendees (up to 150 camping spaces). The camping area would consist of 27.2 acres and would be located southeast of the proposed race track within the designated Active Recreation Areas of the Otay River Valley. Security will be provided in the camping area from the end of the last race to 7 a.m. the following day. Use of the track after the final race will not be permitted. Security staff will have cell phones and will have direct access to City of Chula Vista Police Department. Specific requirements for onsite security will be outlined in the Security Plan to be prepared by the applicant and approved by the Chief of Police. During the time in-between the weekend race events, the race areas will be closed off to the public. The safety/security plan prepared for the project will require that the gate surrounding the race areas is locked. During the weekend race events, access to the race areas would also be locked after race activities have ceased for the day, and access to the site will only be permitted for race participants, crew members, and security staff. Racing events will not be held if it rains. Race participants will arrive on the Wednesday before the race events. Equipment, race vehicles and some race participants/crews will remain onsite for the duration of the weekend race event. Security, fire and medical services will be provided on each weekend of the CORR events. The event sponsors will have security persOllliel onsite, at entrances and other offsite locations, as needed. The City ofChula Vista Police Department will provide supplementary law enforcement services. In addition, the City ofChu1a Vista Fire Department and an emergency medical service provider will be available in case of medical emergencies. A security plan and emergency medical plan will be prepared by the project applicant and will be approved by the City Police and Fire Departments, respectively, prior to the start of the race events. In addition, a traffic control plan will be developed to facilitate arrival and departure from the event and will require approval by the City Police Chief and City Engineer prior to the start ofrace events. Maintenance of racing vehicles will occur within the designated pit areas. Maintenance may include refueling, mounting racing wheels, and checking/refilling of fluids. General clean-up and trash pick-up ofthe pit area, spectator stands, foodlbeverage area and parking lots will occur on a daily basis. Access roads, parking lots and the race track will be watered to minimize dust emiSSIOns. Installation BMPs as described in the SWPPP will be required during the race events. The BMPs are required to provide contaillli1ent of hazardous materials storage areas, deter seepage of potentially toxic substances into the soil, minimize sediment transport off-site, control dust, minimize site runoff, prevent trash from entering the MSCP Preserve area and protect water Page 8 of 36M! I quality. The required BMPs for this phase are described in Attachment A, Implementation of Best Management Practices for Storm Water Pollution Prevention at the Otay Ranch Championship Race Track Site. The specified BMPs will require approval by the Director of Public Works. Post Race Event Phase Post-event activities essentially consist of site clean up and soil stabilization of exposed slopes. All trash and debris generated by the proposed project will be removed. All temporary structures, stands, bleachers, canopies, portable restroom facilities, and power generators will be disassembled and removed from the site within two-weeks following the September 2007 race event. Any containers with hazardous materials/waste will be properly disposed of in accordance with local, state, and federal laws. Installation BMPs as described in the SWPPP will be reqnired during the post-race event phase. The BMPs are reqnired to minimize site runoff, protect water quality and encourage revegetation of manufactured slopes and graded areas. The required BMPs for this phase are described in Attachment A, Implementation of Best Management Practices for Storm Water Pollution Prevention at the Otay Ranch Championship Race Track Site. The specified BMPs will require approval by the Director of Public Works. BMPs that provide for erosion control and reduction of sediment transport into drainages, including desilt basins and silt fencing, will remain in place. Discretionarv Actions/Other Proiect Approvals A Conditional Use Permit (CUP) will be required to conduct the proposed CORR events. The following additional approvals will be required in order to implement the proposed project. . City of Chula Vista Engineering: approval of BMPs and traffic control plan; /.mendmeflt :0 CfH"la Viota Municipal Cede (CVMe) Chapter 5.11.101, for allewanee " ehieles with iflternal c8mBUGtiofl engines City of Chula Vista Police Department: approval of security plan and traffic control plan; and City of Chula Vista Fire Department: approval of emergency medical plan. of I . . . C. PROJECT SETTING The proposed project site is located within a portion of Otay Ranch, in southern San Diego County, California (Figure I). Specifically, the project area occupies a total of approximately 150 acres east ofthe location where Main Street turns into the alignment of Heritage Road, in the City of Chula Vista as shown in Figure 2. The existing quarry access road generally forms the southern border of the proposed track/pit/grandstand area, with the Otay River located adjacent to the south of the track area, and Wolf Canyon to the west of the track area. The existing site conditions consist of land that has been fully disturbed by ongoing aggregate mining and processing operations. Current mining operations include rock drilling, blasting, resource extraction and processing, stockpiling of construction aggregate and waste products, and transportation ofproccssed materials from the site to serve the market. Page 9 of 36M! I The CORR racetrack, location of parking areas and other uses associated with the proposed project were intcntionally sited and designed with fully disturbed areas in order to avoid any direct impacts to sensitive biological resources. The CORR track, pit area, spectator stands, food/beverage area, camping area, restrooms and VIP parking areas, consist of previously disturbed areas associated with previous surface mining activities and are located within the boundary of the existing reclamation plan (refer to Figure 4). The southern portion of the project, including portions of the pit and vcnder areas, is located within an area designated as Preserve within the City's MSCP Subarea Plan. It's important to note that this area was previously disturbed as a result of an unauthorized encroachment by a former quarry operator. Subsequent to the encroachment, the existing quarry's reclamation plan was amended to include a conceptual restoration plan to restore this area back to a level consistent with the adjacent undisturbed Preserve areas to the south. In accordance with the quarry's approved reclamation plan, the reclamation of this area back to Preserve is scheduled to occur sometime within the next 25 years. Surrounding land uses include the active portion of the Otay Ranch Quarry to the immediate north and open space/Preserve areas to the immediate east, south, and west. Land uses within the general vicinity of the project site include Otay Ranch Village Three and the Otay Landfill to the northwcst, developed residential uses within the City of San Diego to the south, and the Coors Amphitheater and Knott's Soak City Water Park to the southwest. D. PRIOR APPROVALS AND ENVIRONMENTAL DOCUMENTATION Otav Ranch General Development Plan/Subre!!ional Plan Pro!!ram EIR The Final Program Enviromnental Impact Report (Program EIR #90-01) for Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) was prepared and certified jointly by the City of Chula Vista and County of San Diego. The Program EIR 90-01 addresses the environmental impacts of implementation of the Otay Ranch GPAlGDP/SRP and related documents, which include Facility Implementation Plans, a Village Phasing Plan, Phase One Resource Management Plan (RMP), and a Service/Revenue Plan. As part of Program EIR 90-01, a Mitigation Monitoring and Reporting Program (MMRP) was prepared to define implementation of the mitigation measures described in the Program EIR. The Otay Ranch GDP/SRP designates tho sitc for residential and mixed use development. Relative to the project site, the Program EIR identified significant noise, biological resources, air quality, geology, cultural resources, paleontological resources and cumulative agricultural resource impacts associated with build-out of the site in accordance with thc GDP. ViIla!!e Two. Three and Four (portion) SPA Plan and TM Second Tier EIR The primary parking area for the CORR event is located within the Otay Ranch Village Three planning area. In accordance with the General Plan and Otay Ranch GDP, the site (as part of Village Three) is planned for industrial and open space uses. Page 10 of36M! I D b ~ '" u > ~ ~ ~ III ~ e "'c.. >0 ..,c.. 0;(,.) >CI) ~:!!: C2.s:::: ~:!::: i5 ;: c CI 'w '" ... .9 ... ... '" ... I- '" ... '" 0:: ... '" III CI E- c.. :'<:;""'" I '"''I'.., " ":, ~;'I ~," !~i~ " , , , I I I I I I " ,..... ~.. .. . ~ . ~ . ..,it i ,,<'-',1/ if ;Ii ..~" 1 (~ ! j ,. J ~r A SPA Plan has been prcpared for Otay Ranch Villages Two, Three and portion of Village Four. A final EIR was certified for the proposed SPA and TM (EIR #02-02), on May 23, 2006. The EIR addresses buildout of Village Three in accordance with the SPA. Industrial uses are planncd for the subject CORR event parking area. The EIR identified the following environmental issue areas as significant and Ullli1itigable: Relative to the project site, this Second Tier EIR identified significant noise, biological resources, air quality, geology, cultural resources, paleolontological resources and cumulative agricultural resource impacts associated with build-out of the site. Mitigation measures were provided to reduce impacts to these resources. Issues addressed in the EIR that are relcvant to the proposed action include potential impacts associated with air quality, and geology and soils. In addition, data from biological surveys for this project were used to address biological impacts for the proposed 2007 CORR events. Hanson Al!:l!:rel!:ates Pacific Southwest, Inc.. Otav Ranch Pit Amended Reclamation Plan. MND The VIP parking area, pit area, track, and grandstands are fully located within the existing boundaries of the Otay Ranch Quarry Reclamation Plan. In April 2006, the State Mining and Geology Board prepared an MND that evaluated an amendment to the sites original reclamation plan approved by the County of San Diego in 1980 (RP79-09). The amendments included adjusting limits of the active quarry operations to include areas that were disturbed by a former quarry operator as a result of on-going extraction operations. The proposed amendments revised the current reclamation plan boundaries to include approximately 38 acres of fully disturbed land and subtract approximately 29 acres of undisturbed land located within adjacent Wolf Canyon. Additionally, the proposed reclamation plan included a revised termination date for surface mining operations, identified a post mining land use, established monitoring criteria for mining operations, and provided a conceptual landscape/restoration plan and phasing for implementing the ultimate reclamation design. The MND addressed impacts associated with cultural resources, hazards and hazardous materials, and found them to be significant but mitigable. E. COMPLIANCE WITH ZONING AND PLANS Citv of Chuta Vista General Plan The City of Chula Vista updated its General Plan in December 2005. Genera] Plan land use designations on the project site include Industrial (Parking Areas), Open Space Active Recreation (Camping Areas), and Open Space (Non-Preserve), (Track Area). Because the use is temporary and subject to a Conditional Use Permit, a consistency detennination relative to General Plan land use designations is not applicable. However, the Open Space Active Recreation designation includes outdoor campgrounds as one of the intended uses within these areas. In addition, Parking is an allowable use within Industrial use designated areas. Page 12 of 36M! I Otay Vallev Regional Park COllcept Plall The Otay Valley Regional Park (OVRP) Concept Plan was adopted in July 1997 by the Cities of San Diego and Chula Vista, and the County of San Diego. The OVRP identifies active recreation areas that are not a part of the Preserve, but are surrounded by Preserve areas. The OVRP Concept Plan does not change existing zoning or planned land uses, or add new development regulations, nor does it preclude private development in designated recreation areas consistent with existing zoning or plmmed land uses. The proposed project is a temporary use and would not prohibit future plamling or use of the area, as contemplated in the OVRP. Otav Ranch General Development Plan The GDP identifies development of the Otay Ranch in a series of 15 Villages and 5 Planning Areas. These Villages and Planning Areas combined would allow approximately 13,000 single- family residential dwelling units and approximately 11,000 multi-family units. As mitigation for impacts to sensitive biological resources within the proposed development areas of the Otay Ranch, a Resource Management Preserve ("Preserve") was identified. The Preserve m1d associated policies and requirements related to biological resources protection are outlined in the Resource Management Plan, Phases I and 2, as further described below. Areas within the Preserve were assigned a land use designation of Open Space in the GDP/SRP. The proposed project includes land designated for industrial use in Village Three, Open Space Active Recreation, and "Not a Part" (the boundaries of the parcel containing the rock quarry). Because the use is temporary and subject to a Conditional Use Permit, a consistency determination relative to General Development Plan land use designations is not applicable. However, the Open Space Active Recreation designation includes outdoor campgrounds as one of the intended uses within these areas. In addition, Parking is an allowable use within Industrial use designated areas. Otav Ranch Resource Management Plan (Phase 1 and 2) In addition to the General Development Plan, the Otay Ranch plalming documents include the Resource Management Plan (RMP), Phases I and 2 (adopted October 28,1993 and June 4,1996, respectively). The goal of the Otay Ranch RMP is to establish a permanent preserve within Otay Ranch to protect and enhance biological, paleontological, cultural and scenic resources; maintain biological diversity, and promote the survival and recovery of native species and habitats. The RMP Phase I ("RMPI") was adopted by the County of San Diego and the City of Chula Vista, concurrent with approval of the Otay Ranch GDP/SRP. The RMPI provides general biological infornlation and establishes overall Preserve conservation and management goals. The RMPI also provides performance stmldards for preservation of biological resources. The RMP Phase 2 ("RMP2") provides detailed biological studies, specific plans and programs for habitat management, and a habitat conveyance plan. As development occurs in Otay Ranch, habitat is conveyed to the City and the County with an undivided interest. The RMP2 establishes a habitat conveyance schedule, requiring that 1.188 acres of habitat is to be conveyed for each acre of land developed. The proposed project will not be required to convey preserve land, primarily because it is not a permanent use, and conveyance of preserve land would be triggered by final maps associated with a development project. Also, it should be noted that the portions of the project Page 13 of36M! I located in the area identified as "not a part" in the Otay Ranch GDP and RMP would not be subject to any of the requirements of the RMP or GDP, including conveyance requirements. An important part of the RMPI is the creation of the Otay Ranch Preserve. The Otay Ranch Preserve is a "hard-line" preserve (indicating that all of the areas designated as Preserve would be set aside for resource conservation purposes). The Otay Ranch Preserve includes approximately 11,375 acres of land to be set-aside as mitigation for impacts to sensitive resources resulting from Otay Ranch development that will occur both within the City and in the County. The Otay Ranch Preserve has been designed and is proposed to be managed specifically for protection and enhancement of multiple species present on Otay Ranch. These conservation lands will also serve to COill1ect large areas of open space through a series of wildlife corridors. Portions of the project are proposed within the RMP Preserve (Camping Area), and portions are within areas designated as development (Track Area and Parking Area). The RMP identifies active recreation use within portions of the Preserve designated areas of the Otay River Valley (Camping Area), consistent with the GDP. The proposed camping LIse is consistent with the active recreation designation for the area within which it is proposed, but as noted previously, all of the proposed uses are temporary and would not preclude implementation of the RMP. Otav Ranch Pit Reclamation Plan The Otay Ranch Pit Reclamation Plan was prepared in accordance with the Surface Mining and Reclamation Act (SMARA) of 1975. The reclamation plan details (I) the beginning and expected ending dates for each phase of mining activities; (2) all reclamation activities required; (3) criteria for measuring completion of specific reclamation activities; and (4) estimated costs for completion of each phase of reclamation. The total land area included in the adopted reclamation plan totals 157.7 acres. As described in the reclamation plan, the ultimate reclamation of the quarry would occur in a manner that would facilitate future development within this area consistent with the City's General Plan. Additionally, the adopted reclamation plan includes a biological restoration plan designed to reclaim previously disturbed Preserve areas back to a level consistent with the surrounding undisturbed open space Preserve areas. Reclamation of the disturbed Preserve areas is not scheduled to occur until the completion of extraction activities associated with Sub-phase 5.3 and Sub-phase 5.4, respectively, which is approximately 25 years from present. Given the temporary, short-tenl1 nature of the project, no adverse impacts are anticipated that would prevent the ultimate reclamation of this site as detailed in the currently approved reclamation plan RP 79-09. Zonin!! Current zoning for the site is Planned Community (PC). The proposed CORR event is allowed subject approval of a CUP by the City Council as provided for in the Unclassified Use Section 19.54 of the Municipal Code. Because the use is temporary, it will not require amendments to thc Chula Vista General Plan, or the Otay Ranch GDP. Page 14 of 36M! I City of CB:mla Vista Multiple Species Conservation Pro!!ram Subarea !Plan The Multiple Species Conservation Program (MSCP) Subarea Plan was prepared by the City of Chula Vista in coordination with the Federal and State Regulatory agencies in order to implement the MSCP Subregional Plan within the City of Chula Vista. The City Council adopted the MSCP Subarea Plan on May 13, 2003. Subsequently, the Wildlife Agencies issued the City a Take Permit and signed the Implementing Agreement granting the City Take Authorization on January I 1,2005. The existing quarry site is recognized by the City's MSCP Subarea Plan as a legal, non- conforming use, in operation at the time the underlying zone was established. As such, existing mining activities have continued to operate under legally existing permits. Potential indirect impacts to the City's MSCP Subarea Plan are discussed below in Section F. F, PUBLIC COMMENTS On April 9, 2007, a Notice of Initial Study was circulated to property owners and residents within a 500-foot radius of the proposed project site. The notice period ended April 19,2007. Four written comments wcre received during the 10-day public review of the NOr. Comments received raised concerns regarding noise impacts, impacts air qualitv, impacts water quality, impacts to biological resources, impacts cultural resources, public services, site access, consistencv with the City's Multiple Species Conservation Program (MSCP) Subarea Plan Preserve and Otav Ranch Resource Management Plan (RMP), and consistencv with the Otay Valley Regional Park (OVRP) Concept Plan. On April 20, 2007 a Notice of Availabilitv of the Proposed Mitigated Negative Declaration for the project was posted in the Countv Clerk's Office and circulated to property owners and residents within a 500- foot radius of the proiect site as well as adiacent businesses, property owners, and tenants along Nirvana Avenue and Energv Wav, who are located beyond the 500- foot radius. The 30-day public comment period closed on May 2 L 2007. G, IDENTIFICATION OF ENVIRONMENTAL EFFECTS The City of Chula Vista detelmined that the proposed project would have significant envirOlm1ental effects (see the Environmental Checklist included in this MND). All of these effects have been mitigated to below significance by project design or mitigation measures (see Section H and the attached MMRP). 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 project would occur over two non-consecutive weekends and does not propose any permanent structures or improvements. The total area that would be used by the proposed event Page 15 of36M! I activities encompasses approximately 154 acres, of which 35.6 acres have already been disturbed through mineral extraction. Only minor surface preparation activities will be required for the proposed event. As previously noted, only minor site preparation is required, and therefore, no modifications to existing natural landform would occur, therefore there would be no impacts associated with grading. No grading permit will be required. The proposed activities would include temporary tent-like structures, spectator stands, shade canopies, and portable restroom facilities as well as parked vehicles that would be visible from some public and private vantages points primarily to the south and west. Nighttime security lighting would be allowed in the pit areas and overnight camping areas located on the west and south of the track facility (Figure 3). The night lighting would be visible from residential areas to the south of the site. The project will be required to comply with the light and glare regulations (Section 19.66.100) of the Chula Vista Municipal Code (CVMC). Compliance with these regulations will ensure that no significant glare, or light would affect daytime or nighttime views in the surrounding residential neighborhood area or adjacent roadways. Additionally, lighting will be directed downward and away from adjacent MSCP Preserve areas. Because the nighttime lighting would be temporary, occurring over two independent weekends, the proposed project would not permanently alter the aesthetic or visual character of the site or result in a new source of substantial light or glare. Therefore, the proposed 2007 CORR event is not anticipated to result in significant impacts to aesthetics. Air Oualitv An air quality technical report was prepared by Scientific Resources Associated (April 2007) for the project. Project related emissions would occur from vehicles traveling to the CORR event site, race vehicle emissions generated during race events and dust generated by the racing activities. All mining activities associated with the existing quarry will cease during race events. Race Event Phase The operational impacts associated with the Project would be confined to impacts associated with automotive traffic from spectators, employees, support vehicles, and the race participants. Fugitive dust emissions from the racing events themselves were estimated based on the U.S. EPA's emission factors for travel on unpaved roads from the Compilation of Air Pollutant Emission Factors (AP-42), Section 13.2 (U.S. EPA 2003). The emissions from unpaved roads are estimated to be 489.56 pounds per day. It should be noted that the majority of the PM10 emissions predicted by the URBEMIS model are attributable to road dust from vehicles traveling on paved roads to the event; these emissions are bascd on the default assumptions within the URBEMIS model, and assume that 4.71 Ibs/day PMIO are attributable to vehicle exhaust, with 79.93 lbs/day attributable to road dust. PM2.5 Page 16 of 36M! I emissions have been estimated in accordance with the SCAQMD guidelines (SCAQMD 2006) as discussed under construction emissions. Emissions of VOCs and NOx, would be below screening criteria for daily emissions thresholds. Fugitive dust emissions (both PMIO and PM2s) would be above the screening thresholds without mitigation. Project mitigation is incorporated to provide for spraying of water during the 15- minute intervals between races, to control fugitive dust; thus there will be a minimum of6 passes (6 races per day). Based on the control efficiency in the URBEMIS 2002 model, 3 passes of watering per day provides a 51 % control efficiency on unpaved roads; therefore it was assumed that 6 passes per day would provide a 90% control efficiency. This would be consistent with the SCAQMD CEQA Air Quality Handbook (SCAQMD 1993), which projects a control efficiency of up to 85% for watering three times daily on unpaved roads. Implementation of this mitigation would reduce emissions of PM 10 and PM2.5 to below the significance thresholds. Emissions of CO are be above the screening criteria for significance. Therefore, the next tier of analysis, a CO "hot spots" analysis, was performed to determine the actual significance of the impact. Projects involving traffic impacts may result in the formation of locally high concentrations of CO, known as CO "hot spots." To verify that the project would not cause or contribute to a violation of the CO standard, a screening evaluation of the potential for CO "hot spots" was conducted in accordance with guidance in the Caltrans ITS Transportation Project-Level Carbon Monoxide Protocol (Caltrans 1998). Project effects were modeled using the CALINE4 model. The CO concentrations predicted by the model, in addition to the high I-hour background concentration, resulted in a total concentration ofless than 10 parts per million (ppm), which is below the CO standard of20 ppm. Therefore impacts related to CO hot spots are less than significant, and the project would not expose sensitive receptors to substantial pollutant concentrations of CO. All portable generators required for the race events would either be registered by the APCD, or would have appropriate permits; therefore the emissions from portable generators are not included in this analysis. Post Race Event Phase Once the operation phase of the project has been completed, emissions would be generated from the transport of any contaminated soil (i.e., oil and gasoline from on-site vehicles) from the project site to appropriate disposal locations approved by local, state, and federal agencies. If required for site cleanup, it is anticipated that soil would be transported off-site. In addition, after the racing event is completed, the project site would be retained in its pre- project condition. Hence, one additional truck would be traveling to and from the project site, post projcct operation. Page 17 of 36M! I The quantity of trucks traveling to and from the project and amount of soil being disturbed during the post-operation phase is anticipated to be the same or less than what would be generated during the site preparation phase and therefore, post-operation emissIOns are anticipated to be less than significant. No mitigation measures are required. The mitigation measures contained in Section H below would mitigate short-term operational air quality impacts to below a level of significance. These measures are included as a part of the Mitigation Monitoring and Reporting Program. A!!ricuItural Resources Historically, portions of the project site that contain the proposed parking areas in Village Three, and the camping area in Otay River Valley have been used for dry farming, as well as cattle and sheep grazing. Crop production was limited to hay and grains (typically barley) due to limited water availability. The project area does not contain designated Prirne Farmland, Farmland of Statewide Importance or Unique Fam11and (United States Department of Agriculture, Soil Conservation Service, California Department of Agriculture). The site has been locally designated as Farmland of Local Importance and is identified as Grazing Land. No land within the project area is subject to the Williamson Act. The former agricultural fields will be utilized for parking and camping. The fields have been harvested, and the remaining vegetation has been mowed. Thus, the temporary parking and camping on the fields will not preclude used of the land for agricultural purposes after the race events. Therefore, impacts to agricultural uses on the site would be less than significant. Biolo!!ical Resources Implementation of the proposed project would result in direct impacts to the following vegetation communities: annual (non-native) grassland (103.4 acres) and developed/disturbed land (38.0 acres). Furthermore, all of the 103.4 acres of impacts to annual grassland are within former agriculture areas of the Parking and Camping areas. Site preparation for these areas will consist of mowing only, and no soil-disturbing site preparation (i.e., grading activities) is proposed. Therefore, impacts to aunual grassland within the Parking and Camping areas would be temporary and would not result in permanent or significant adverse impacts to aunual grasslands. These areas would not require active restoration for recovery to pre-project conditions. Freshwater marsh, mixed riparian scrub, and southem willow scrub within the survey area would be avoided and not be directly impacted by the project. During the course of the site visit, two individual male coastal California gnatcatchers were observed in disturbed coastal sage scrub outside of the project's direct impact area (sec Figure 5). In addition to the two gnatcatcher locations identified in recent surveys, Figure 5 also shows locations of previously identified locations for gnatcatcher and least Bell's vireo, to provide context for potentially suitable habitat for these species, and to help understand the nature and extent of potential indirect effects. Page 18 of 36M! I . . . . " , :; 0 , , . 4 . , , ~ . ~ . . ;; ~ , , , . , , ., ., . , . , , . . t , , . t ~ . , . . . . , , " , , , , ~ , jj . . . > . , 0 , ., . , . .. , , . , . - , 0 , . . ~ . " . ~ . , .~ . , . , . . , , , , , , ~ ~ . , . ~ . ~ ., , ;; , . . , , u ~ , ~ . ~ , , . '" . , , " i: , . , , ., , , , , , , , , , . . , ~ ~ ~ . . , . . . . . ~ , > , , , ~ " , ; ~ ~ ~ , , , . ., . .. , . i , ;; ., . ~ . z " . . . ;; . . . .2 ~ , . , , . , ;; ~ , , .. . , " , , " ;; , .~ ~ . 0 ~ ., . . , " . . . , " . ~ " .. . . , ~ ~ , . , . u , " " " . " . . . . . ~ . .. , 0 . ~ . U > , .. > " " " . . . .. . . . , u u " . ~ " . . " . . . . 0 . . 0 . 4 U .~ 0 e ~ I~ ~ I - 0,... "'0 :20 "'N u ~ - a::: 'i: 'C c.. ~< '" - ""'" ~ ... 0,= .9- ::s ~e.. .~ go iiJ:2 .<= U II) ... '-' ~ = Q II) ... 0:: CO '-' '6> Q "0 a:i The allliual grasslands identified in the Parking and Camping Areas could serve as potentially suitable habitat for burrowing owl. To avoid direct impacts to burrowing owl, pre-construction surveys will be required (February through August - therefore only applicable to the June race event). If owls are found to be nesting as a result of the surveys, the active nest areas will be avoided and fenced as appropriate. No long-telm, direct impacts to sensitive vegetation communities would result from project implementation. Direct impacts to active burrowing owl nests could result if nests are present at the time of operation during the nesting season (June race only). The project site is located adjacent to the City's MSCP Preserve. Implementation of the proposed proj ect will result in indirect impacts to sensitive habitat and species found within the Preserve. In order to reduce indirect impacts to the Preserve, the project will be required to adhere to specific guidelines established in the Adjacency Management Issues discussion in the Chula Vista MSCP Subarea Plan (Section 7.5.2 of the Subarea Plan). The following is a summary of the requirements relevant to the proposed proj ect, and a discussion of project compliance. Drainage/Toxics: All develoved and vaved areas must vrevent the release of toxins. chemicals. vetroleum vroducts. exotic vlant materials and other elements that mif!ht def!rade or harm the natural environment or ecosvstem vrocesses within the Preserve. The project would involve the use, transport, storage, handling and disposal of toxic substances such as gasoline and other automotive fluids. Use of these substances onsite would occur for the short duration of time of the racing event. No use of these substances would occur in the MSCP Preserve, whieh is located apprOJ[imately 150 fcet from the edge of the raeetrac!c and over 500 feet from the pit area. As discussed under the Hazards and Hazardous Materials section, BMPs wou1d be implemented during all phases of the project to mitigate for potential impacts associated with hazardous waste/toxins entering drainages. Thcse BMPs are specified in Appendix A and require City revicw and approval by the Director of Public Works. The following summarizes the BMPs from Appendix A, and are required to reduce effects associated with drainage and toxics to less than significant levels, as required by the Subarea Plan: Containment Areas - BMP's utilized during Race Events include secondary containment at vehicle maintenance (pit) areas, hazardous materials storage areas, vehicle wash stations, portable bathrooms, trash disposal and materials storage areas. Additionally, any fuel drum storage and used oil storage areas will be contained and also bermed. Hazardous materials are to be placed in closed containers to prevent contact with runoff and to prevent spillage to the stonn water conveyance system. Secondary containment, such as benl1s or dykes, will also be provided. Vactor trucks will be used to remove runoff from the containment areas and the collected runoff will be disposed of in accordance with City standards. Hazardous Waste containers will remain covered at all times. Run-on from adjacent areas will be prevented from Page 20 of36M! I coming into contact with the containment areas. Attached lids are provided on all trash containers to minimize direct precipitation. Site Runoff-Two desilting basins will be used as retention basins. Outlets will be blocked off so that no runoff will be allowed to discharge from these basins. At the conclusion of each racing event, accumulated debris and pollutants will be removed from these basins and disposed of in accordance with City standards. An existing perimeter fence is located at the limits of grading to prevent the escape of wind blown trash and debris. There is an existing earthen berm along the southern edge of the proposed race track facilities that will also ensure any direct run-off into the Otay River. Maintenance - Dust and trash control measures are included as wel1. To further inhibit sediment migration, the track is watered between races. Access roads and parking areas will be routinely watered as well. Onsite trash collection is provided throughout the event. Parking areas are graded, with silt fences and bio- filters along the perimeter to treat oil and grease from parked vehicles. There are no permanent utilities at the site. Generators, water trucks, a vactor truck, and portable bathroom facilities will be utilized. No temporary facilities will remain on site after the final race event. Long term maintenance of all remaining BMP's are the responsibility of James P. Baldwin and Associates who guarantee performance of proper BMP maintenance by the posting of a performance bond as required by the City of Chula Vista. Access Roads - There are three proposed access roads into the site. This will be used for public access and emergency access during race events. The main entrance to the facility is from the intersection of Main Street and Heritage Road and runs eastward on Wiley Road toward the existing rock quarry. The main access road will have a crushed asphalt base 6" in depth, for the first 200' from the point of cntry. Maintenance will be continuous during race events. The Applicant will be responsible for the maintenance of these construction entrances and all other BMP's described herein. Access to the parking area within Village Three is proposed from Energy Way to the west. In addition, access to the camping area is proposed from Heritage Road. Trackinf!. - To insure that no tracked sediment reaches the storm drain system, a sweeper truck is employed to remove any sediment deposited onto Main Street or Heritage Road due to increased traffic during race events. All efforts will bc made to prevent mud from being tracked onto public roads. In no case will vehicles be permitted to drive on, or park in muddy areas, or to leave the site without first removing any accumulations of loose mud. In the event of rain, all race events will be rescheduled. Wind Erosion/Dust Control - Silt fencing is provided at the limits of grading to prevent escape of trash, debris or sediment to the surrounding area. This BMP is designed to capture wind-blown pollutants. To enhance the dust control efforts, the track will be watered extensively between races. To enhance trash control efforts, onsite trash collection is provided throughout race events. Page 21 of36M! I Lighting: Liz.htinz. of all develoved areas adiacent to the Preserve should be directed awav from the Preserve wherever feasible and consistent with vublic safetv. Where necessarv. develovment should vrovide adequate shieldinlZ to vrotect the Preserve and sensitive sveCleS from nilZht lilZhtinlZ. Temporary safety lighting associated with the project would be limited to the pit area, spectator area and camping area. The lighting for these areas would be directed downward, and away from the Preserve. The portion of the project that is located adjacent to the Preserve is the track area. The track portion of the project site would not be lighted, and no race events would occur at night. Light spillage into the Preserve would be considered significant. Noise: Uses in or adiacent to the Preserve should be desilZned to minimize noise imvacts. Berms or walls should be constructed adiacent to commercial areas and anv other use that mav introduce noises that could imvact or interfere with wildlife utilization of the Preserve. Excessivelv noisv uses or activities adiacent to breedinlZ areas. inc/udinlZ temvorarv IZradinlZ activities. must incorvorate noise reduction measures or be curtailed during. the breedinlZ season of sensitive bird svecies. As discussed in the Noise analysis of this MND, noise resulting from project related activities includes noise associated with vehicle racing, loudspeakers, or other incidental sound sources associated with the events. Species of concern relative to this policy (i.e. sensitive bird species) include the coastal California gnatcatcher and least Bell's vireo. Because the project site is adjacent to the MSCP Preserve, analysis of noise impacts on noise sensitive species within the MSCP Preserve is required. Specifically, the Subarea Plan restricts uses located adjacent to Preserve areas that generate excessive noise during the breeding season for noise sensitive bird species. In this particular case, the species of concern are the Least Bell's Vireo and Coastal California Gnatcatcher, because their habitat is located within the Preserve. The City's MSCP Subarea Plan does not provide a spccific numerical threshold for operationa1 noise affecting these species, but for comparative purposes, a generally accepted standard used to evaluate impacts is a one-hour average noise level greater than 60 dB. No other specics identified in the Subarea Plan or MSCP Sub regional Plan as having specific conditions related to noise impacts are located within the portions of the MSCP Preserve in the vicinity of the project. The noise analysis prepared for the project (Environmental Noise Assessment for the Temporary Off-Road Race Track, Dudek & Associates, April 16, 2007) provides an estimate of noise levels gencrated by the proposed project. Unattenuated noise levels at the closest sensitive habitat location within the Preserve, immediately adjacent to the south of the proposed track, are estimated to be 85 dB hourly Leg. Taking the existing terrain topography into consideration, and providing the maximum sound attenuation available through stmctural design features (enclosure of the rear of the stands located between the track and the Preserve), the noise analysis concludes that areas having Page 22 of36M! I potential to support least Bell's vireo and coastal California gnatcatcher are expected to be exposed noise levels of approximately 75 dB hourly Leq noise level during the racing events. Ambient noise measurements were recorded within the project area, as noted in the Noise Assessment. Ambient noise within the project area is primarily associated with the existing rock quarry operation, including rock and gravel extraction, earth moving equipment, and rock crushing activities. Ambient noise measurements in portions of the quarry adjacent to sensitive habitat areas within the Preserve indicate noise levels of up to 78 dB Leq. The noise recording locations are within close proximity to areas historically occupied by Cali fornia gnatcatcher and least Bell's vireo, suggesting that there may be localized tolerance of elevated noise levels by these species in this area. Due to the short-tenn nature of the proposed project (two consecutive days during the nesting season), and existing elevated ambient noise levels, it is not anticipated that the project will result in significant indirect impacts on these noise sensitive species. Invasives: No invasive non-native viani svecies shall be introduced into areas immediatelv ad;acent to the Preserve. The project does not propose landscaping that would introduce invasive species, and the erosion control BMPs specifically require that native plant species be used. Unauthorized access and/or predation by domestic pets may result from introduction of the human use adjacent to the Preserve. To avoid such adverse effects, the project shall be required to provide fencing and signage to discourage access to the Preserve. In addition, the project shall be required to either prohibit domestic pets, or require that all pets remain on leases pursuant to applicable City requirements. Implementation of the proposed temporary uses includes measures to avoid indirect impacts on the Preserve through adherence with the Subarea Plan requirements relative to adjacency management issues. Therefore, the project would not result in any conflicts with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approvcd local, regional, or state habitat conservation plan. The mitigation measures contained in Section H below would mitigate potential indirect impacts to scnsitivc biological resources to below a level of significance. These measures are included as a part of the Mitigation Monitoring and Reporting Program. Cultural and Paleontolo!!ical Resources Based on data reviewed from previous studies and additional testing conducted in 2007 (Archaeological Study for the Chula Vista International Raceway, Brian F. Smith and Associates, Spril, 2007), two sites (SDl-9976 and SDl-12,29Ib) were determined to be significant under the guidelines set forth by the City of Chula Vista and CEQA (Section 15064.5). The remaining sites are either not significant or wcre located in areas outside of potential direct impacts and were not tested. Page 23 of 36M! I Impacts will occur to cultural resources in the parking area, the camping arca, the track area and the various access roads. For most of the impacts, these arc characterized as "superficial" and are related to mowing and parking. Potential dircct adverse impacts are anticipated for only two cultural resource sites, SDI-9976 and SDI-12,291(b). Measures to reduce potential impacts will focus upon preservation. Data recovery will not be required as an alternative for the mitigation of impacts, as sufficient latitude is available for organization of the project to facilitate preservation of the significant resources. For sites that are significant, or were not evaluated and are assumed to be significant, mitigation measures will include preservation and fencing. Based on the underlying geologic formations, the proposed parking and camping areas are located within areas considered to be of moderate to high sensitivity for paleontological resourccs. However, because the proposed proiect does not involve any grading of these areas, impacts to paleontological resources is considered to be less than significant. The mitigation measures contained in Section H below would mitigate potential impacts to Archeological Rewsources to below a level of significance. These measures are included as a part ofthc Mitigation Monitoring and Reporting Program. Geolo!!v and Soils The project consists of a temporary usc, and involves no grading, excavation or cutting/filling of slopes, and involves only minimal clearing and leveling activities would be conducted. The project is a temporary cvent taking place over two separate weekends, and no permanent structures are proposed. Therefore, the project would not expose people or structures to potential substantial adverse effects involving seismic ground shaking, seismic-related ground failure or landslides; nor would it be affected by potential unstable soils, or cause soils to become unstable, or result in or be affected by liquefaction or collapse. Further, the project does not propose the use of septic tanks or altemative wastewater disposal systems. Erosion impacts could occur as a result ofrace operations. Erosion control measures and erosion BMPs are identified in Attachment A to this MND, Implementation of Best Management Practices for Storm Water Pollution Prevention at the Otay Ranch Championship Race Track Site, and would mitigate potential impacts resulting from erosion to less than significant. The erosion control measures identified in Appendix A would require review and approval by the Director of Public Works. The mitigation measures contained in Section H below would mitigate potential impacts to Geology and Soils to below a level of significance. These measures are included as a part of thc Mitigation Monitoring and Reporting Program. Hazards and Hazardous Materials The proposed project would involve the transport, storage, and handling of hazardous materials (gasoline and engine fluids) associated with the proposed activities for a short duration of time. Page 24 of 36:;e I Potential impacts resulting from exposure to or leaks/spills of hazardous materials may occur; however, BMPs would be in place that would reduce potential impacts to less than significant. The BMPs are identified in Appendix A and are identified as mitigation measures in Section H of this document. BMPs include features such as special drums that would serve as self- contained treatment for all runoff from maintenance bays (pit areas), vehicle and equipment wash areas, bathroom areas, and trash and material storage areas. Vactor trucks would be used to remove runoff from the containment drums and the collected nmoff would be disposed of in accordance with City standards. Hazardous materials would be placed in an enclosure that prevents contact with runoff or spillage to the storm water conveyance system. Storage, wash, and maintenance areas for race vehicles and hazardous materials/waste, as well as restroom areas would be lined with an impervious material to contain leaks and spi lls and these areas would (where feasible) have a roof or awning to minimize direct precipitation within the secondary containment area. With implementation of the BMPs, the project would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials, or create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. Thereforc, project impacts to these relevant thresholds would be less than significant. The project is not located in the vicinity of an existing or proposed school, nor is it on a list of hazardous materials site. Further the project is not in the vicinity of a public or private airport, and not subject to an airport land use plan. Therefore, no impacts relative to these thresholds would result. Thc project is a temporary use that would not have the ability to impair implementation of or physically interfere with an adopted emergency rcsponse plan or emergency evacuation plan. Further, the project features include public safety plans and personnel assigned to the events to further protect public safety during the events. Becausc the project is a temporary use and fire equipment and personnel will be present on the site during the proposed events, the project would not expose people or structures to a significant lisk of loss, injury or death involving wildland fires. The mitigation measures contained in Section H below would mitigate potential impacts to Hazards and Hazardous Materials to below a Icvel of significance. These measures are included as a part of the Mitigation Monitoring and Reporting Program. Hvdrolol!V and Water Oualitv The proposed CORR eyents would involve activities that have the potential to result in potential impacts to hydrology and water quality. During race events, urban runoff from the site has the potential to contribute pollutants, including oj] and grease, suspended solids, metals, gasoline, and pathogens to the receiving waters. Once the CORR event is complete, some portions of the site, including manufactured slopes, may be exposed and susceptiblc to erosion. Pollutants of concern associated with the proposed project are grouped into the following categories: sediments; metals; oil and grease; trash, debris and floatables; bacteria and viruses; and organic compounds and oxygen-demanding substances. Page 25 of 36M! I In order to address these issues, features have been incorporated into the project design to minimize water quality impacts. The racetrack has been designed such that runoff would drain into a treatment BMP and away from the MSCP Preserve, including Otay River and Wolf Canyon. With project design features, potential impacts to hydrology and water quality may still occur; however, BMPs would be implemented to mitigate potential impacts to less than significant levels. The BMPs have been identified in Appendix A and require review and approval by the Director of Public Works. BMPs identified in Appendix A include, but are not Jimited to the following: desilt basins, special dmms for containment of waste, trash and hazardous materials and silt fencing/sand bags. Because of the scope of activities proposed and the short duration of the proposed project, the race events would not have the abiJity to substantially alter the flow of surface or groundwater. In addition, the project would not involve pumping of groundwater and would therefore not result in the possibility of depletion of groundwater supplies. Although portions of the project site are within the laO-year flood plain of the Otay River, the project does not propose construction of permanent structures and therefore, would not expose people or structures to a significant risk of loss, injury or death involving flooding. In addition, the proposed operations would occur outside of the rainy season. The project would not directly discharge to an existing storm drain system and would not alter any drainage pattern. Therefore, no impact upon storm water conveyance capacities would occur. The mitigation measures contained in Section H below would mitigate potential impacts to Hydrology and Water Quality to below a level of significance. These measures are included as a part ofthc Mitigation Monitoring and Reporting Program. Noise An Acoustical Analysis was prepared by Dudek and Associates (April 2007) for the proposed project which is summarized below. The existing noise levels at the site were monitored to detennine ambient noise levels in the project vicinity, including areas adjacent to and within the MSCP Preserve. On site noise monitoring results indicate the existing noise levels at the monitored locations to range between 68 and 78 dBA. Applicable Standards The City of Chula Vista has adopted a quantitative noise ordinance to control excessive noise generated in the City. The ordinance limits are in tenns of a one-hour average sound level. The allowable noise limits depend upon the noise receiving land use and time of day. Page 26 of 36M! I Thc City's noise ordinance statcs that if thc measured ambient level exceeds that permissible by the land use standards, the allowable noise exposure standard shall be the ambient noise level. The ambient level shall be measured when the alleged noise violations source is not operating. If the measured ambient noise level without the subject noise source exceeds the applicable land use limit. the allowable one-hour average noise levels shall be the an1bient noise level. The City of Chula Vista noise ordinance exterior noise limit for single-family residences is 45 dB between 10 p.m. and 7 a.m. on weekdays, and between 10 p.m. and 8 a.m. on weekends. The daytime (between 7 a.m. and 10 p.m. on weekdays, and between 8 a.m. and 10 p.m. on weekends) exterior noise limit is 55 dB. The project's noisc generating activities will occur during daytime, i.e., between 7 a.m. and 7 p.m. on weekdays, and between 8 a.m. and 7 p.m. on weekends. Consequently the 55 dB exterior noise criteria has been used for our evaluation of the project's potential noise impacts upon the closest residences, located at approximately 6,000 feet or more to the southwest of the site in the City of San Diego. The 70 dB exterior noise criteria has been used for our evaluation of the project's potential noise impacts upon the industrial land use at approximately 1,000 feet distance, southwest of the project site. Chapter 19.68 Section 19.68.060 ofthe City of Chula Vista Municipal Code exempts occasional outdoor gatherings, public dances, shows and sporting and entertainment events, provided the events are conducted pursuant to a permit or license issued by the city relative to the staging of the events. The City's General Plan Noise Element contains land use/noise compatibility guidelines for various types of uses. The City considers an annual noise level of65 dB CNEL to be compatible with residential land uses. The General Plan states that the compatibility guidelines are not intended to conflict with or contradict the Noise Ordinance, but provide guidance for total noise exposure, including traffic noise and other sources that are not regulated by the Noise Ordinance. The following analysis provides a complete assessment of project related noise, including traffic noise, and therefore addresses impacts in accordance with the Noise Ordinance, the General Plan guidelines, and the MSCP Subarea Plan. Noise issues related to sensitive biological resources are addressed above under the subheading Biology. Scveral activitics associated with thc racc event would contribute to the overall potential noise impact of the project, including off-road racing, public address system, generators, and miscellaneous activitics, such as revving engines and vehicles in various parking lot areas. The noise levcls associated with these events and activities have becn evaluated based on noise measurcments previously conducted during various CORR racing events in the City of Chula Vista and published noise level data, as appropriate. Noise measurements taken from previous evcnt include cumulative noise associated with racc vehicle engines, loud speakers, event music and fireworks. The measured and published data have been llsed to calculate the noise levels at the ncarest residential properties and at the adjacent noise sensitive species habitat area(s). To determine the worse-case (loudest) noise level associated with the Championship Off-Road Racing Event, the loudest noise level monitored during CORR truck and buggy racing events in 2006 at thc temporary Chula Vista CORR race track was uscd. These noise measurcments Page 27 of36M! I indicate that a worse case-racing event would generate an average hourly Leq of 93 dBA at 100 feet distance from the racetrack. This 93 dBA noise level has been used as a basis to estimate the worse case hourly Leq racing events noise levels at the nearest residential area, the adjacent industrial land use, and the adjacent biological habitat. The nearest residences are located at approximately 6,000 feet or more to the southwest of the site. This large distance from the racetrack site al10ws the noise source to be considered as a point source with 6 dB attenuation per distance doubling. For typical atmospheric conditions, A- weighted sound levels are attenuated by l-dBA per 1,000 feet distance due to atmospheric absorption. The stands between the racetrack and this residential location are also expected to provide some shielding, approximately 3 to 5 dB. Applying the distance, atmospheric, and stand shielding attenuation to the 93 dBA at 100 ft racetrack noise level results in a 46 to 48 dBA noise level at the nearest residents' location. This calculated noise level does not exceed the City of Chula Vista Noise ordinance 55 dB exterior noise criteria between 7 a.m. and 10 p.m. on weekdays, and between 8 a.m. and 10 p.m. on weekends. Based on the proposed racing schedule and the calculated hourly 48 dB racetrack level, the resulting noise levels at the nearest residential location would be less than 50 dB CNEL. This is wel1 below the City's General Plan Noise Element 65 dB CNEL residential land use noise compatible criteria. Therefore, the racing noise impacts from the project upon the nearest residential area is considered less than significant. An industrial land use is located at approximately 1,000 feet distance, southwest of the project site. Applying the distance, atmospheric, and stand shielding attenuation to the 93 dBA at 100 feet racetrack noise level results in a 63 to 65 dBA noise level at the industrial land use property. This calculated noise level does not exceed the City of ChuJa Vista Noise Ordinance 70 dB exterior noise criteria for Light Industrial Land Uses. Therefore, the racing noise impacts from thc project upon the adjacent industrial land use is considered less than significant. The average hourly project noise levels at the adjacent industrial and nearest residences would compJy with the City's 70 dB and 55 dB noise ordinance criteria for light industrial and residential land uses, respectively. As previously noted the race events would only occur for 4 days (two weekends) with individual practice runs and qualifying on Fridays. Chapter 19.68 Section 19.68.060 of the City of Chula Vista Municipal Code exempts occasional sporting and entertainment events, provided the events are conducted pursuant to a permit or license issued by the city relative to the staging of the events. Concluding, the noise generated by the proposed project does not exceed the City's Noise Ordinance criteria during the race events, and the project would represent an occasional outdoor sporting and entertainment event that is exempt from the noise level limit provisions of the City's noise ordinance, and, consequently, is not considered a significant noise impact on surroundi ng land uses. In terms of the City's CNEL noise guideline, the combined noise from all the identified race activities would be an annual CNEL of less than 50 dB at the nearest residential location. This noise level would comply with the City's 65 exterior annual CNEL noise criterion at the nearest Page 28 of 36M! I residences. Since thcse rcsidences are located in City of San Diego, it should be noted that the project noise levels would also meet thc City of San Dicgo' s 65 dB CNEL noise criterion. Public Services The proposed project would not involve changing land uses that would result in increased permanent demand for public services persOllliel, equipment and facilities or result in changes in service levels. The proposed project has the potcntial to result in hazards associated with accidents during the race events and therefore creates a temporary increase in demand for police and fire services. The closest fire station that would respond to an incident at the project site is located at 1410 Brandywine Ave., approximately 3 miles to the northwest. Thc mitigation measures contained in Section H below would mitigate potential public services impacts to a Jess than significance level. These measures are included as a part of the Mitigation Monitoring and Reporting Program. Transpo rta tio n/Tra ffi c The proposed CORR events would be accessed via Main Strcet, Heritage Road, and Energy Way. The proposed events are anticipated to generate up to 7,440 vehicles per day of the event. Pay parking wi1l be offered at the onsite parking lots. Based on the additional special event traffic and the potential for queuing to pay for parking, there is the potential for localized congestion at ingress and egress points of the project and parking impacts on City roadways during the two weekends of the proposed CORR event. A traffic control plan is required to be prepared in accordance with City guidelines by the project applicant and submitted for review and approval by the City Engineer prior to issuance of the CUP. Elements of the traffic control plan would include, but not limited to, a description of the signage, striping, delineate detours, flagging operations and any other devices which would be used during events to guide motorists safcly to parking locations from public roadways. The traffic control plan would also include provisions for coordinating with local emergency service providers regarding event times and measures for bicycle lane safety. The Plan would address parking plans for each parking lot, and would address methods to facilitate collection of parking fces to minimize queuing on public strcets. The Traffic Control Plan would ensure that access and traffic flow would be maintained, and that emcrgency access would not be restricted. Additionally, the Plan would ensure that congestion and temporary dclay of traffic resulting from the event and would be of a short-term nature. Implementation of the traffic control plan would mitigate potential impacts to circulation and parking to less than significant. The mitigation measures contained in Section H below would mitigate potential temporary Transportation impacts to a less than significance level. These measures are included as a part of the Mitigation Monitoring and Reporting Program. Page 29 of 36M! I Utilities and Service Systems The project would not result in increased demand for utilities. Because the project would be a temporary event, no permanent utilities would be constructed. Temporary generators would provide power for lighting and electricity. Portable restrooms and water would also be brought in for use during the CORR event. Trash would be collected routinely throughout the event and disposed of in approved disposal containers. The City's existing Salt Creek Sewer Interceptor line traverses the southern limits of the existing quarry site. Any activity or operation that would restrict the City's access to this utility would be considered significant. Based on the conceptual site plans, vender tents and portions of the pit area would be situated over the pipeline. The City's Department of Public Works has stated that lightweight tents and/or canopies are pem1issible over the pipeline but parking of vehicles shall be prohibited. Additionally, 24-hour, unrestricted access to all manholes shall be maintained at all times during site preparation and race operations. The mitigation measures contained in Section H below would mitigate potential utilities and service systems impacts to a less than significance level. These measures are included as a part of the Mitigation Monitoring and Rcporting Program. Thresholds The project would not result in any of the identified growth management thresholds falling below acceptable levels, as indicated in the discussion of public services, traffic and utilities and servIces. H. MITGATION NECESSARY TO AVOID SIGNIFICANT IMPACTS Project-specific mitigation measures are required to reduce potential environmental impacts identified in this Mitigated Negative Declaration to a less than significant level. These mitigation measures are listed below and included in the Mitigation Monitoring and Reporting Program (MMRP) included as Attachment B to this MND. Air Qualitv I. The following project design features, have been included as mitigation measures to assure their implementation, and shall be implemented prior to commencement of each race event: . Workers shall perform excavation, site preparation, materials handling, and hauling in compliance with SDAPCD Regulation 4, Rules 52 and 54 regarding fugitive dust for Control of Fine Particulate Matter (PMIO). Specific measures to be included in specifications shall address the maintenance of adequate moisture content in soils to be excavated and transported; the stabilization of exposed graded areas; and prevention of soil track-out from disturbed areas onto paved roads. . Low emission mobile heavy equipment shall be used, where feasible. Page 30 of 36M! I . The contractors shall obtain applicable air quality permits for any portable or stationary internal combustion engine subject to SDAPCD permit requirements. . To reduce fugitive dust, the track area, access roads, and parking areas shall be watered at a minimum of twice a day to reduce PMIO levels. . Excluding race vehicles operating on the designated track, spectator and maintenance vehicle speeds on unpaved roads shall not exceed 15 miles per hour. . All trucks hauling materials subject to wind dispersal shall be watered and covered. . All disturbed soil areas not subject to re-vegetation shall be stabilized with approved nontoxic soil binders, jute netting, or other methods, as appropriate. . Idling time of trucks and other heavy equipment shall be minimized. . Groundcover on the site shall be re-established through seeding and watering. . The streets shall be swept immediately when silt is carried over to adjacent public thoroughfares. . Engines in site preparation equipment shall be maintained by keeping them properly tuned. . Low sulfur fuel shall be used for stationary eq uipment. . Existing power sources (e.g., power poles) or clean fuel generators rather than temporary power generators shall be used, whenever feasible. . The track shall be watered by a minimum of four trucks during each IS-minute rest period. . All parking lots within agricultural fields shall be mowed such that roots of the vegetation remain intact in order to provide soil stabilization. . Parking Jots and other arcas with exposed dirt shall bc watered to minimize fugitive dust, as necessary. Biolo!!ical Resources 2. To avoid direct impacts to potential nesting burrowing owl, pre-construction surveys will be required prior to commencement of each race event. If owls are found to be nesting as a result of the survcys, the active nest areas will be avoided and fenced as appropriate. 3. Prior to commencement of each racc event, prominently colored, well-installed biological fencing shall be installed place wherever the project limits are adjacent to the Preserve, sensitiye yegetation communities, and/or any other biological resources, as identified by a qualified monitoring biologist. Figure 3 above identifies the general Jocation of the reg uired fencing. 4. Prior to commencement of each race event "Sensitive Habitat - Keep Out" signage shall be posted every 150 feet along the Preserve edge to discourage access to the Preserve. In addition, the project shall be requircd to either prohibit domestic pets, or require that all pets remain on leashes pursuant to applicable leash law requirements. 5. Prior to the commencement of race activities, a lighting plan shall be submitted to the City's Environmental Review Coordinator for review and approval. The lighting plan Page 31 of36M! I shall clearly demonstrate that all temporary security lighting shall be directed away and/or shielded from the Preserve to prevent any potential indirect impacts due to night lighting. Additionally, low-pressure sodium lighting shall be used to reduce these potential effects. Cultural Resources 6. The area identified as significant for SDI-9976 shall be removed from the plam1ed camping area and fenced as illustrated on Figure 8.0-1 of the approved archeological study prepared by Brian F. Smith & Associates (An Archeological Study for the Chula Vista International Raceway, April 10, 2007). Prior to commencement of each race event, the fencing shall be installed under the direction of the project archaeologist and shall remain for the duration of the racetrack use. No access to this site area shall be allowed during the race events. 7. The access road through SDI-12,29Ib shall be fenced prior to commencement of each race event, to prevent traffic from straying into the significant site area. The area to be fenced is illustrated on Figure 8.0-1. The fencing shall be installed under the direction of the project archaeologist and shall remain for the duration of the racetrack use. Vehicular and pedestrian traffic through the sensitive site area shall be minimized. The project archaeologist shall have the latitude to monitor the condition of the site during track events and to add measures as necessary to ensure the site is not adversely impacted by event activities. 8. Access roads or trails that pass through sites identified as significant or potentially siguificant shall be fenced prior to commencement of each race event to prevent intrusion into potentially sensitive areas. The fence locations are noted on Figure 8.0-1. The project archaeologist shall identify the locations of all fences and the type of fence that would be appropriate to ensure the sites are not disturbed. 9. Any grading, trenching, mowing, or other site preparations that might uncover archaeological materials or affect recorded sites shall be monitored by an archaeologist prior to commencement of race event preparations. In the event that the monitor identifies a potentially significant site, measures shall be initiated to evaluate the site and to implement mitigation measures as necessary to minimize impacts. Data recovery to mitigate impacts is an option, but preservation of resources is the preferred mitigation measure. 10. During the monitoring of mowing or other site preparations, the archaeological monitor shall collect all surface artifacts, map the locations, and report findings to the City. 11. All cultural materials recovered during the testing of SDI-9976 or collected during monitoring shall be prepared for permanent storage. Curation of all artifacts recovered shall be required. Curation shall be arranged at an appropriate facility and will be coordinated through the City ofChula Vista. Geolo!!y and Soils 12. Prior to approval of the proposed CUP, the City Engineer shall approve erosion control Page 32 of36M! I measures and erosion BMPs as identified in Appendix A (Implementation of Best Management Practices for Storn1 Water Pollution Prevention at the Otay Ranch Championship Race Track Site). Hazards and Hazardous Materials 13. Prior to approval of the proposed CUP, the City's Director of Public Works shall review and approve containment area BMPs as identified in Appendix A. 14. Prior to the approval of the CUP, the project applicant shall submit an Nor and obtain an NPDES Pem1it for Construction Activity from SWRCB. The SWPPP shall include a description of pollution prevention controls and practices to be utilized both during and following (post-race) raceway activities. Adherence to all conditions of the General Permit for Construction Activity is required. The SWPPP shall also include a Storm Water Sampling and Analysis Strategy (SWSAS), pursuant to the SWRCB General Construction Permit requirements. Hydrolo!!v and Water Quality 15. Prior to approval of the proposed CUP, the City Engineer shall review and approve erosion control measures and erosion BMPs as identified in Attachment A. 16. Prior to the approval of the CUP, the project applicant shall submit an Nor and obtain an NPDES Permit for Construction Activity from SWRCB. The SWPPP shall include a description of pollution prevention controls and practices to be utilized both during and following (post-race) raceway activities. Adherence to all conditions of the General Pennit for Construction Activity is required. The SWPPP shall also include a Storm Water Sampling and Analysis Strategy (SWSAS), pursuant to the SWRCB General Construction Permit requirements. 17. The applicant shall request a site inspection by the City's Public Works and Storm Water Inspectors after completion of site preparation, and prior to each race event. If the inspectors identify any violation of the BMPs, race events shall be delayed until such BMPs are properly implemented. 18. During race events, standby cleanup equipment and crews shall be available to respond to potential hazardous material spills. Significant spills shall be reported to the appropriate authorities and the City of Chula Vista as soon as such spill occur. 19. A quaJified person shall be designated for monitoring and repair ofBMPs. The name and phone number of such person shall be provided to the Storm Water Management Section prior to cach race event. Public Services 20. Prior to approval of the proposed CUP, the project applicant shall prepare a security plan to be approved by the Chula Vista Police Chief prior to the start of the CORR events. Page 33 of 36M! I The security plan shall detail, among other items, the number of security personnel provided, general distribution of security throughout the race event, and number of uniformed Chula Vista police staff required. 21. Prior to approval of the proposed CUP, the project applicant shall prepare an emergency medical and safety plan to be approved by the Chula Vista Fire Chief. The plan shan detail, among other items, emergency access routes, type of emergency vehicles required to adequately serve the project, alternative access routes to be cmployed in the event of rain or damp conditions, the variety of emergency medical services that can be provided by the contract emergency medical company, chain of communication between event sponsor and medical staff, number of ambulances present onsite and the number of uniformed Chula Vista Fire Department staff needed onsite. A funy staffed Chula Vista Fire Department engine company and Battalion Chief win be onsite during all race events. 22. Prior to the approval of the proposed CUP, perimeter fencing will be shown around the entire site on all plans, to the satisfaction of the City Engineer. Security personnel posted shan be posted at an acccss points throughout the event. 23. Grandstands will be protected by 10,000 pound concrete barriers along the entire frontage of the grandstand area. In addition, a 10 foot high catch fence with steel cables will run the entire length of the grandstand area. 24. In accordance with the approved medical plan, emergency medical equipment and personnel and ambulance will be present during the term of the race event. 25. In accordance with the approved security plan, both uni fonl1ed police and private security personnel will be stationed onsite and offsite, as needed. 26. Prior to commencement of each race event, the applicant must install protective fencing around all manhole covers (l5'rad / 30'diam) for the Salt Creek Interceptor Sewer. Fencing shall consist of orange bio fencing 8l1d shall be installed to the satisfaction of the City Engineer. The Applicant shall ensure that24-hour, unrestricted access to all manholes will be maintained at an times during site preparation and race operations. Lightweight vender items located along the remainder of the sewer alignment is acceptable, but no parking will be allowed over the alignment of the sewer. Transpo rta tio n/Traffic 27. Prior to approval of the proposed CUP, a traffic control plan shall be prepared in accordance with City guidelines to the satisfaction of the Police Chief and City Engineer. Elements of the traffic control plan will include, but not limited to, a description of the signage, striping, delineate detours, flagging operations and any other devices which will be used during events to guide motorists safely to ingress locations from public roadways. The traffic control plan will also include provisions for coordinating with local emergency service providers regarding event times and measures for bicycle lane safety. The Traffic Control Plan win ensure that access and traffic flow will be maintained, and that emergency access will not be restricted. Parking lot attendants will direct attendees to vacant parking spaces within the parking lots. Page 34 of36M! I .. > ~ ~.... - -""""""~~ L .\GRIEEi\IEi\T TO Ir\WLE~UEi\T MITIGATION MEASURES By signing thc linc(s) providcd helow. the Applicant and Operator stipulate thai they liave caeh read. undL'rstooJ and 11 '-1 V\:' their respective compan)"'~ authority to and do agree tn the mitigation measures contained herein, and will implement same to the satls!~lction of the Environmental Review Coordinator. Failure to sign the linc(s) provided below prior to postlllg of this Mingated Ncgative Declaration with the County Clerk shall indicate the Applicant's and Operator's desirc thai the Project be held in abeyance without approval and that the Applicant and Operator shall dppJy for an Environmental Impact Report. I i) i ': i;. i., : ie,', . .1.,,, i :' J"-'-i', ~ ,~': 1\_+~ i ,. ('L'{:,: I; !i!-I--'i'( ___ ~__, __~_=___.L_"___\~_~___'___~-- -_:~--~~~~':~Y,__:_~,--~- Pr1l1tcd NamL' and ['lIle or Appllcant:,_' i ,~)( I i 1 f-'! C i \,' it /' tor JuthorJ/L'O n::prcscI1lallvc) k.) (I /_ ((I Date - .L_i -;I (" ( i" " '-~ ---- -~,--"---"---_. [Jate SlgnJturc Dr Applicant (()r ~juthori/cd reprc~cntat\\c) n~~n__' c.UA Pnnlcd :'\Jamc anJ Title or Oper3tor (lfdIlTcH..:nt (rom Applicant) ---- Date "A --------------- Si~llaturc or Operator (II' dil'lcrcntli'om ,\pplicant) Ihte .1. CONSULTATION 1. lnuivi(!~a]s aJ~I OrS;~_\Ilil.atiol1s City or Chula Vista Glen Lauhc, Environmcntal Projects :Y1anagcr 'vlarisa Lundstedt. Environmental Projects \Llllagcr Rick Rosalcr. Principal Planner Jamal NaJi, :\ssislant Civil Engineer, Land Dc\"c!opment Khusro Arlllnpour, Civil Engincer, Land Devclopment I"rik Steenblock. Envirollmental Health Specialist Don Redmond. Police Department Pa~e-3+uf 36 ~ ~c;, --, Doug Perry, Fire Depm1ment Amy Linquist, Firc Department Kirk Ammerman, Public Works Harold Phelps, Associate Planner, Plamling Department Wendy Loeffler, Biologist, RECON Cheryl Johnson, Acoustical Analyst, RECON Others James P. Baldwin, Championship Off Road Racing, Applicant Ranie Hunter, Applicant Representative Joe Monaco and Mike Komula, Dudek and Associates Valorie Thompson, Scientific Resources Associated 2. Documents . Otay Ranch General Development Plan/Subregional Plan Program EIR (Program EIR 90-01), October, 1993. . Archaeological Study for the Chula Vista International Raceway, Brian F. Smith and Associates, April, 2007. . Environmental Noise Assessment for the Temporary Off-Road Race Track, Dudek & Associates, April 9, 2007. . Biological Resources and Impacts Analysis Letter for Championship Off Road Racing, Chula Vista, California, Dudek, April 2007 . Biological Resources Report and Impact Asscssment for Otay Ranch Villages Two and Three, Dudek, February, 2006. . Air Quality Technical Report for the Championship Off-Road Racing Event, Scientific Resources Associated, April, 2007. . Final Second Tier EIR for Villages Two, Three and Four (portion) SPA and TM, City ofChula Vista. 3. Initial Study This environmental deternlination is based on the attached Initial Study, and any comments received in response to the Notice ofInitial Study. The report reflects the independent j '(1grnent of the City of Chula Vista. Further information regarding the cnvironment I ~cview of this project is available from the Chula Vista Planning and Building D en, 276 F m1h Avenue, Chula Vista, CA 91910. Date: sl (+107- Glen L be Environmental Projects Manager Page 36 of 36M! I ATTACHMENT "A" MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) OTAY RANCH CONDITIONAL USE PERMIT FOR TEMPORARY CHAMPIONSHIP OFF-ROAD RACE 2007 - IS-07-030 This Mitigation Monitoring and Reporting Program has been prepared by the City of Chula Vista in conjunction with the proposed Otay Ranch Conditional Use Permit for Temporary Championship Off-Road Race 2007 (MND IS-07-030). The proposed project has been evaluated in an Initial Study/Mitigated Negative Declaration prepared in accordance with the California Environmental Quality Act (CEQA) and City/State CEQA Guidelines. The legislation requires pubJic 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. Biological Resources 3. Cultural Resources 4. Geology/Soils 5. Hazards/Hazardous Materials 6. Hydrology and Water Quality 7. Public Services 8. 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 appJicant 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-07-030 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 I, Mitigation Monitoring and Reporting Program Checklist, lists the mitigation measures contained in Section H, Mitigation Necessary to Avoid Significant Effects, of Mitigated Negative Declaration IS-07-030, 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. ~I ~I ~I c: il ~I l:J c: ro <J) c: .~ ~l jl fl CI> U .. :011: ~~ ClII: 0::: 11:0 ~] ~ g II: "g o E Q. .. Ws:; II:U ~ ~ <e g CI E ~ CI> 11:1- o ~ !::.E z:!:: o E :0 G; zll. Q :: 1-::1 <en; CI c: i= 0 :E~ "'C c: o U ~ 'E ~ E E o u . -g ';;j _ c !- E '" o .!!! U '" .E ~ :;:; ''\2: ct: o ~ c.o. ~ ~ '" "'-' o . ",,0 '0.968 "'-; cUe-- .E~ i= ~!;g 0.0 o c-- _C 00 "0:';:; o ~ :::!E ~ ~ :; ~ > ~ ~ ~ ~ ~ ~ ~ :; C .2 -; ~ :E C ~ o ~ .- ~ callie) gmz :E:; g ~.q U';:: U :'=(1)__"0 8:: ~ E!=: 'i: ..... "t:'" Q)E ~ u ..... '-", OJ) OJ) E ..... !=: t: == == t ~ UJ ro ~ "'0 ro "2'.f'2-B52- o.UOo.C!JO --' . . 00 0.0 - >< >< >< :; ,.: ~ ~~ BV) ~"'" ,9 ~ ~ > 0. U c .g u u c. .E! ~.~ B ~..s ~ o ~ ~.~ " ~ ~~] ~ c ~ -8 E ~ u "E [/) 0- ~1:~ ~ " u E " C v u > ,Q U U ""@ g C '" ~ ~.g <J] {j .~ (\:1"'0 (\:I o OJ) c 0) '-..... cd....... >- p...~ 0 !- OJ) g c :s .~ ~"-g E ..( 0 t:: ~ ~]"2E~ u "'5vE a:v"Uo..E -( ~ .5.5 8 .~ ~ U '0 - ~,.nl- 25Cl)c'- ..:::cc82 @...c20 ~ @.S t1 ~ ~,2 ~ .9 B ",~.:E-6~ c~~cg d c 5b ~ .......5 a o..D v [J) 3 ron~.f~"2 ~.~_ ~ ~c.~ 'od gp "@) (\:I "'0 ... '" ~:.:=B<Z:22.sc-="'@"O u"'O b1)V~:2~.-i:iro~ x ~ 14 !: 'E'- Q) t: v ." '- ~..c::<r:~:;Q)"'Ot~.2 t:: V> 0 .... u..o:g ~ Oc. ~ .~ ...... - C/) ro._ .8 ro ;:::; [/) Cd-o .g 'E.;: ~ ~ [/] - ;:::I C "'0 E Q) Q)._ ...... ~ Q) ro ~ ro Q) 0 p.. 'od ~ ,. OJ ~ ~ '0 .::: "g <b co :n g ] ~ ~ .~ ~ ] ~ '50 ..gOroro4-E-Cd"'Ou I ~ -z ~N ~ u ~ ;:::I v ~ ~ Q)~E~2SS8"~&r! ~,..,ov uu"'9~~""" o::Ju"3~uQ,)''''u- ~ 0..5 ~ u ~ ~'o ~ '0 ~ . ~ -g o ~ '0 v > " c. -;; '" ~ 'E u E c. E or u >> > ~ u '" ~ ~~ :.D ro E~ c ~ o U ";;;...1::: ~ ~ E-o u u ~ ~ o u ...J,Q ;.-.. ~ ro .... @ tl ~ .~ g ~ 13 ::: ~.~B ~~~ ~8~ ~~~ 8:vE'ui g..D..6 ro::D ;;; 'E .... - ~ .S ~ v Eu 1:] jg B ro 0 t:: ...... [J"J .:E 0...5JJ ~ ......~ ~ >- o 2 6.:; ~ ~.g c;jro!::2""'Ororo i; b .2 .... v DJ) (jJ ~ ~ ~ .~ :~ ~ .~ B.-<;;:..D.... DJ).......... uEE~<22..'o ~~80~]E gcCdE~.gro6 ~ ~ (jJ ~ 1: -0'".;:: ~ tS g..S~ ~ 2.E~ . . . co " u c ;; (I,) 8 s:: -51\,)_ 5 .s ] ~ E ~ .~ "'O~ ~ @ 2 o.~'O 001\,) .: ~ E ~ g u ~ o.....c: :..a fF 3 fi:j ~.;l5;; (I,) u v; (I,) gg~] ~"'O ~>r\ c2v;........ :.a ro d.J"'O :::I au I\,) ~.u;:..a tl u.J~~~ . c- o 23 N ;:; ~I 0>, ~l ~I &-1 ~I il ~l ~I 0> :2 :;: .. u .. ::EO:: ~~ ClO:: 0::: 11::0 ~~ ~ g 0:: .~ o E 11. .. W.c: 0::0 ~ ~ -t 0 CI ~ ~ .. 0::1- o ... t=.2 Z:!:: o E ::E :. zD.. Q m !;(::I CI~ ~ 0 ;;:;::; ..::i:j C o U J!! ~ ~ E E o () ~ '" . .'!! c ~ 'Q,f-- E !!! o .~ () " .: ~ :;; .~~ ~~ o ~ 0.0. ~ ~ '" m-, ~ ~ 'i:~ a ,9 ~8 ",10 .=.!:!~ E1: ;=>d1!~ "0 u - -" o 0 -0= o i3 :5~ ~ ~ :o~ > ~ e " ~ ~ ~ :0 ~ .2 10 ~ :0 ~ ~ o ~ :g~ci ~mz :1:0 --' ~ . 00 "u - " " '0 " :;: .,; E ~ 'H ~ .~ 0 .D U ~11 ~ ro ~"O ~ V V ~ _ v ro Cd E ~ .s ~ '3_ ro ro -"-" ~~ U E ~ a. :;:~ '0 V ~ , > v p 0 ~ - :s. '0 so...... ro 0 a3-:S :.5 B'~ "B ~ 'V IJJ _ V ~ g ~ ~ 'fJ E .2.,2 ~ .s <I5'.:j @ ~ ;:; Q. _ ~"2 e 5;c;E 2: '0-" ro ~ ~ ~ ~ ~ 0 u "'~ ~, '';::: ~ 'D ~~.9..2 ",,,- ~ ~ g E . . " > ro u -" ~] ,s N ~ :~ " ~ ~ "6 .;:; v s.D 4--;;0 0"", .~ 5 ",g, .5 "5 :3 6f ~ U .D ~ " ~ u <:':I;":::::: :.a-g E~ 5 ~ p. .st V'O ~ ro ~ E .D ~ '""@ 6 vi ~]~ ti ):::~ ~(3~ o .=::: 0 'w.s ~ V .D f- . . " {i-2 " u u a. E 2 0.0. "5 E O'v v-" " - .S ~ E "0.. 8 8 go-", a.E 1''0 "[jj g .S @ ~ .'g .~ E"8 " u " lLJ...c.3 . oD 2 l' ?: ~ ~-g _ ro '" '" ~ .S ~"E ";jj ~ .B~ " 0 o 0 v.B >'0 o u U.D '0 ~ ~:.= O.D o ro o~ c ro " o .~ ..8 '0 u ~ o ~ ~ u " E {;.@" -0 0' <-2 ~ ~ .9 U '3 0 ~ b ~ ~ o " ...J 8 . . ::; ,.-.., c..... ~ ro OJ (3 :s ~ o.o.~ t E] ~ ~ ~ o ~ ^ o.ro'O ~ -5 ~ "'~o ~.s~ ~ ~ ~ ~ o ::; s; ~ ~ u ~ ~ o '" 0._ ~,.2 ..;::: c .~ cd ~ u cu'U " .D ~ ~ o e u " u "'u t;9 ~ ~ o '" a."" . .,. ~ o E o E ~ i:i r: 'g ~ ro " Z"E '0';' ~- U.D Cd ~ ~ u u '" .D "E o '0 " .D ~ ~ -,,-" g g . bt::] u ~ - .D 0 ~ f-< <2 g. . t- o 2; '" ~ @I OJI el !l. :?I t' o 0. Q) I:t: '0 c, .il ~I 0, :2:, gl il I '" u ;;. :;;"0 ~ ~ c)o:: oi 0::0 ~~ ~ ~ .... 0 0:: "2 o E II. 111 w~ 0::0 ~ ~ < ~ C) E ~ '" 0::.... o '- t::.2 z- o 'E :;; :- zll. o :: ~::::I C) ~ i= 0 ~~ I: o o '" 'E ~ E E o u '0 S $ ~ -[- E " o .!! U ~ ~ :c ';;;,., ~t: 0.. 0.0. '" ~ '" '"-' o. -':0 o.~ .58 ~~- "e!E _ i=~!~ 0.0 o e- - ~ o 0 -0;:; o1j .;:;:E ~ ~ '" ~ > tau; 00 0.0 - '" '" ~ .D -;; 0 .;;i .g '0 ~ '- e V ~ -" M ~ U e > '0 '" ~ '> '" -5 0 ~ ~ ~ "3 .. 0. ~ 00 u 0 B .. '~fJ ~ ~ 0 " '" ~ 2 'E ~ 0 " 0 ~' ~ E :2 -5 ~ .D tj ~ ~ MU ~ 0 :1 0 ~ .S :.'2 ~ a '0 ..-: .~ ~ .@:-::: 0. ~ - 0 Eo;; :;;;: E ~ - ~ ~ ~ ~ o ~ ;;:::1 . .. '" 0 ~mz :1'" . c ~ 'i3 ~ '0 w ~ 0 0 '0 0. ~ ~ > <1.> '';: -5 '" ~ '" w ~ N " g u ~ " ~ b E -5 8 0 '0 '0 0 ~ ~ ~ ~ :2 " ~ () M ~ ~ ~ .D '" :.'2 == w U a ~ U .D ~ 0. ~ 0 . ";:,""2 e ~ .~ ~ 8:'~ c <c:.~ bQ ~ U ~.5 € <1.> >-."0 ro 8'0 ~ ;} p..__cco x s ~ ,8 " - o.~ >'> ~ ~ ~ ~ "'''' ~E""O [J) .~ 0 5 ~ g';:: <.8 u ::I~ ~.:: r..i ..D Q.J ro u.~ bJ}.~ '" ro 5. .S g.~~ 0 m~":::8: C <1.)....... ;>. ro .D ~ '" i '= ro .~ ~ a 'B ~ ~] ~ ~ g ~ ~ ~~ ~] ~g~"O o IlJ (I,) <1) ''::'+-< ......"0 ~ ~ ~-~ ~ 1::: 0..> ('j ro _ jg a bl) <1) ;oO<1)'E~ ""0 ~ g ~:-;:: .~ 5. E c ~ -;615~ > 0 ~ o u .8 ro OJ ';:: o U 15 0. I' '" '" u '" ;::> o '" '" '" ...I <( u G o ...I o _ 0 "'f-< w tj ~ 0. g N ~ ~.q .~";:: u ~ ~ '0 Ii~c@ E ~._ QJ OJ ...... ~E gpgpe ~ ~ ~ 'c ~ a "2.f' 2- ] ~ ;} o...U 0.0.. cc 0. x e w E w U U g ~ EEgE ~ E Co) Q.J V) 8'o~ o g U w 0. ~ ~ .2 E. we; gp ~ <'3_ ~ '0 ~ ~ 2" ~:<;:: 2.;:::" (JJ 4.:. ~ ;:j u....-5 Cd' 0....: 4-< U ...... C ~ .~ 0 c5D~iL~~g ~ Eo "2' g 0- <J.)._ 0... ~.;:! =-~ v..D Q) ~.s:2 ~ ] iJ v.8 .5 -;:: _::: ~ >,..D \- t: "'t; ~ >"- 0 ru ro [J) (]J ~ ~;<;:: C IJJ C ...... c...r:: !=: Q) '-'-- " ~ v ....... 0 OJ) o~1:"'os<J.) c J2""d<5 <J.)3:~~c~~'" E""d..::~o;..:::J:: ~~a.~;ag'z c:.2"20... c: 0"5 e8==v(lj(lj"'O ~Z'~~.~E5 8 c .S ....... 'c ""d Z E .5 ~ ~ ~ ~ ~ 5 g ~ .~ ~ '5 .s g: Q..~-g 8:9'0 ~ -:g t>J).c ~ C:.- .~.t: U _v-...""d 8:~c@ c <r:'bi) E Of} Of} E -u !=: ...... c: S ....... Q) ~ @';::""d @ '2'.q g. ~ '5 g. o...UQo...CCJQ x c U E U v u u ~ ~ ~ E~~~ .B 0'-;; i:i3 U 0 v e ,8 1:5 u p. .g ~ ,8 E. oiJ ~ 'u o ~ '0 ~ '5 0' ~ v~-5 .5 0 E ~ ..... >-........""d v ~ ';g [) ~ ~ a.~ ~ ~ ~'g.~~ c"Eg~~~ u ~ ~~-=~ ~ 0.. e ~:L3 Q) ~ 6]'313 g--~~g-;.:::: .. __ ,,......... .... c.. .!:~""OB....o.. ~ U1 S '0' o~ ~ tl) II) (j)" r.IJ....... ,-~Of}c..~c o c: "'0 <J.) 0.. ~ C .~ ~ <5 .:: ~ E~V1c~r139 tl) ::.; ~'';:: E 0.. go~~o~ II) a. 0... ""d ""d ...r:: S II) v e<:I .-::: ~ c Q.)...c: c..c Il) 5~"""'-:.c- UI ~~2a EE~~;:-c 0:.0 VJ <J.)'@ ,- ~ ~ Q).s E O:::I:<2c':v~ .,. en ~ c ~ E ~ 5 0,- ~ c- O 23 N ~ E.I ~l ct I ~I ~I ~I ~I .C .8 'c o ~ c o ~ ~ ~ .. u .. :ED: ~~ C)D: 0::: D:O ~~ ~ g D: '9 o E D. .. w~ D:O o i:: z .. ~ 2 C) E ~ .. D:I- o ~ ~.E z- OE :E :- zD. o :g ~:J C) ~ i= 0 -;:: :E:;:; c o o ~ 1: ~ E E o CJ 'C .!! .s g ~- E !!! o .!!! CJ " .5 ~ :c 'in ~ ct: o ~ 0.0. ~ ~ '" D . co ;:c _ I: ;:, 0 0.2 cu ",1U .!:.!:!~ E~ .,.i ;:: >111 ! ~ 0.0 U - _ c o 0 -0:;:: o 1j ~!E ' :;~ > 00 ~ - " 00 ~ ~ :;: c .~ 1U '" '" :E c ~ 0_ ~~ci ~~Zl :E:; g ~.q U'C U ;='1):::,"'0 &~5a '5 ~ .~ E bi} ~ E g ~ ~ "2 -6 ~ '2'.f' ~ ~ 'S 8- o..UQo..OOQ 8-; 0.,3 - x x x '" " ~ ~.q ~5:::-a g;~~a c <r:: "50 E OJ) bJ) E t)Ct::.St r.J ~ C'd C -0 (ij '2'.q2"~5 8- o...uOp...p:JO x '" ~ ~,q .~ '5:::""d ]:gc@ c <c~ E .~ ~ E ~U4~i::~~ 2'.q~]:g g. o...U 0 0..000 x c C ~ ~ c ~ ~ c ~ .g ~ u .~ v u ,g v u E e E e E ~ 13 " u v u ;;; u ~ ;;; v u 00 v u v u a. ~ d: '" 5~ 0. C " .3 B v B 00 B v '" - E v C 5 - ~,s C .5 " ~ v C '" .~ 5 -5 ~ '" ~ ~ '" 0 -5 ~ i/J 5- 0 - > i/J 5- 0 - > i/J c 0 - > u 0 v u 0 v 0. u 0 ~ on 5 :c- IJ.) bJ),;j oj) >. .Li ~5~ ~>. =:: 8.;::::ro@oo.2 .g g ~ ~ i3 B -~ ~ :~ .~ e.2 ~ ~ ~.S 'g ~ 2: ~ .= ~:: ~ '" '" ~(fj ~ e ~ o~:;:: .... ~ Q !: t).D ~ 'i: E ~ ~ ._ ('j c""- > 0 .:j 4- _u~Eo-at::.-ao~ o ~.~ (\) ~ r: :; [J).~ c""~~gp~~~B ESM"C'''=(\)0~~ ~] c2 ('j i1-5 C'd i3 8- ........... 1lJ .~ EO." E'S (3 U -;.. 0 .5 9- ~ E-9~~:E~u6-5 o v1"'O{1;:j"'Oe-IU uuoc~~;.a>;u v..Dorotr.lvc::::::-6 ~ ] ~ -.~ i ~ ] .~ ~ .... ~.;:: E a.l2 5 .<;:: "'0 .S cd ~ .~ E :2 (5 :g ~ d: p,p:: ...=: ~ ~ p., <e: ;:j ~ v [J) .2 (\) .Li ('j ",..D (IJ c;;""8 s.: Cd -5 {Sg ~~B~ 'o~ '-0 ~ ...c; - bJ) !::_ 1'--"'0 :~Doc 0- ~ ~ "d a ~ ~ 'g .~ ~ ........ ('j ~ ."'S ~ t) ~ ('j Q W 0 ~ ... ~ <:,) .~ -0 W {/} @ P.. @ ~<:::::> of: e w @ ~ OJ) p.. ';: ~ ~ n a. -5 B c ('j co ~ t'\ i: ] o'~ 'i:: 'o..~ >.~ c' 0) ..... r..=. V1 ~ ~ ~ ~ ~ ~ ~ ~ ~ '@ :.s ~ u '2"d ~ ~ .~ ~ ~ 0 e E ~ c=: ,S9 ~ 6 0.. -2 "': J: '-5 ~ :2 ~ ~ ~@oo~86'<:,)~,"@~u o ('j...- w a.~ ~ 2;.;:; ..:: u e rJ'J ""d 0...... >. tJ ~ 4-< V1 ('j ~ wo:::l"d"'uo]-oo~ c=:u:::::..::b.O::I~t"j .....c;z~ .;:: ..... w: t) ::::: e::: c .... cd OJ) ,..;j c E c: - ~ _ 0..> 0..> v .13 <( 0..> 0 0 S '-' t"j E -g.~ V1 - ct: "0 r..I::: .- V1 ::::: tV ;:::I OJ) ::I ::I .; -0 "'2 CJ) ~ .S: u ..2 ~ ""0 ;:i rJ tV ~ ~ .~ ~ ~ 13 8 g 13 :3 @5btVgEE~cdb3 ~ ~E~-5~~gt;-5~..s u f-< ~::::: @ <r::.E.: u.S 3 ~ c;; '.0 .... c: ~ tV '@ tV .:L'Vi -0.....0..> "'2E .1:"J gtV <!)5~~:;I~""O'"@tVb-5 g>....."d c;:-E tV <1:!~<'J'o~""@cdV1tV~9 tV a. ~ c;; ~ @ cd ~'r:: '" .DB cdJ.~""03 ~..::.e 53 w ""@c-~oo ~EtV~2:Jo~ ~ ~ ~ o..>~ V1 tV';;;~'<n ~.~ .D tV @ ~ ~ '5b > ~ t;; ~ ~ ''8 ~ g :E ~ ~.a ~.~ '~~ a E ~ ~ .~ ~ .3 ~ ~ ~ ] .~ ~ t ,,-., (.) Il) I1J C 8 .... I',).J:'-:: >-. ~4-<;:cd~ ~-5~"d<IJ.D eno.....:: t:~ -,cW .....wQ)~;:~~o::;-o ..c ..... 0 <IJ ~ '~ r:: OJ) u u - Q) ~5.sE 2W50..>1l)~g 2 E OJ)~ . Cl...c .... '0'.5 ~ -5 ~ C:._ -6' ~ .:::: -5 p.. ....0 ~ .~ C 5'-.-0 :::I ..... 0 U W ..... ..... - iiI ~u r:: 8 tJ 4-< c: 12 ..c '2 1i! J::o p .....c...-OOcdf-<oOcu - V1 <2 13 c ',g b . E ..... ~ \2 0 E w '50 ,9 .... c:: "d 0""0 w cuuo..cot)::I(<:jw.....c> u B<l= 00 ~~.~ t:JE tV~-g g u..... W'- ..c v. ""0.......... o!Ecd..c"d.....w-::Ic:o ~ ,_ cd W U W .... -0 .c .E ~ c: t-< P.. b @ @ -5 <2 & E cd w.~ c- c- o 23 N ;:r ~l gl ~ Q.. 01 <:: t ~I ~I ~I ~l ~I ~l 01 :E :2 I I I ~ 1: w E E 0 U 'C .!! . w a ;; - Q. E - 0 ~ u :5 .. w U :c CO ';;;", :;; [t: ct:: "0 0.. ~ 0.0- co ~ 0 w C> ~ '" 0 - - 0:=0 ~.; Q. "9 C>~ ...8 z .. I-- i= I: 0 "'"' 0:= "11 0_ .0 o E _0 ~ . Q. CO o ,9 aU w~ 0>10 - 0:=0 .: .!:! C ~ E1: i=~ .- Z co ~ C 0.. ~ 5 U C> ~ - ;!!:: .. " 0:=1- " 0 ~ !::: 0 - Z - 0 "E _ c 00 :;; ~ "O~ .. o ~ z n. "' .- 0 Q) Qi1: .. ::E ~ ~ ::;) > co C> I: E 0 :;:; :;; '5 I: 0 0 ~ ~, ::; ~ ~' ~ " c .2 10 g :ij c ~ o ~ :;:: ~ ctI II) 0 gmz :ij::E ~ ~.f' u';:: U :":::IJJ:::,"O 8:~5@ '5 -< "bi) E gf ~ E ~ Jj 'fa '2 .g ~ "S'.f' ~] '5 & c..UQc..~Q x c o 'CO u v 0. ~ E 1: v E 0 o u u .. c ~ v..c ~ ~ '5 o ~ > u 0 v 8 ~ .~ V3 D.. ~ .g.~ ~ ~ ~ ~~E"'~~o c ~.~ .g .~ '0 c C,) c c - OJ) n..> ~ :::2 <B <'...I B..9 p.., :: ~~[';2o>'~' .~;::::: D.. e %:;.~ ~.g ~ ~ e:; IJ.) ;:3 ...... C 'l) ro c.,s O~IJ.).r::t)ror: ;.. ro :> ~ Il) UJ ;j .f. u (\) '0' ~ '" ~~~~D..1:;5 roSbrog3O)<2Q ~';n ~ a ~ ~ ~ ..sGM~ <+-.;1 (f] cd 4.-<.-......: 0';:: ._ P 0 :t;; 6 c g- ro t: ...... C . 0 ..... 1::: ~ c OJ 00 .- 0.. 58.E~~~g. ~ ~ g ~ ~.2 ~ 2@(1)'-gi.i:~:g-d uE~g~$1J.) ~ g 15 0.."0'';:: ~ ~ \jQ.uovc......:;; < 'Vj B .5 g ~ .5 :0 00 g ~.q U';:: U ~~1=~ 0.. c ~ cd 5 <( "51 E OJ) b{) E -uCtESt IJ.) ~ ro c"O cd '0' C g. @ ~ B- ~uoO:~O x >< c .E t> o ~ E E ~ ~ .~ (/jD.. ~ ~ o '5 ~ @ .~." ~'~E ]-E] a ~ B 0"2 "g ci) ~ E ~~~ 00- E g:2 . ~ ~ .~tE -5 "E "[j) 5~'E "..c"" bi):; 8 ;.@.8 ~ e~u b{)cd~ >>0.", c; ~ .... < 0. 0 a. " v E 0 v u g 2 o..c E u ~ E a3 ;3 o ~ > u 0 0 ~ ~ .8 cd IJ.) cd "0 ~ .::!J.s c ~ IJ.) ~.~.~ u~'~5B~ ~ c:g E >- ~ ~ ~ u c ki- 0 S ....,..D 0 ;;> ~ 4-< 0::::: ca 8 I- .:: '8 ~ .~ ~ '0 c 0 :<;::: (<j C (l) E 13 S ca 0 E v I- -::: Q'-g v.r:: ='... g ~ ~ ~ ~ 6 (l)..8 E ~ ~ 13 ~ ~~(l)-~o.a.::! o 5.~.-"~ '5 ~ ~~......9~,..DE ......<'.);3-oE~^~ (5 -:s ~ @.- .9 .9 '~.E .~.~ :~ g. i ~ c'<Ij ~ 0 ;3 :~ gr 9;q-:s t..~"O "0 ca (<j ~ ~ uJ (l) (l) @',p (<j uJ u t: E 0.5..2 ~ 8..<2 u~o~~S2 @ 0. 0.. v t::._ a. -:g OfJC .~ g (3 .....v__.."O 2:~E@ C <C '5iJ E 0fJ 0fJ E u Jj t .S .S t (l) ro t::"O ro '2'.qe-~~ 8- c..UQo..(:QO >< ;:: 0 E e o u ~ c~ 8 u ~2~.s~ U)c.8t;~ c .g u o 0. ~ .5 13 ~ at u 0 ~::::: e- '<1) ro.... ~..c"" ~ uJ C o E :n 0'[3 g gf E ro ,....'-- U ~ ~.Q S .~~ '00;' 0fJ ~ (<j .S {3 E oa~i- "2 ~ <E 0 o ...... .- v ~ j~f ~ -:s -:s.g g ~ OfJro..... 0fJ .2 [~~ a~=@~ o - r- -:g 0fJ;>' ro t:: .-:: U';: U ;.::::v~'"O ~.~ ~ ~ 0fJ ~ U t:: _ t:: S..... v u.J @.;:: '"0 @ '2'.qB-~~ g. c..uOc..c:o.o x x u u " ~ ~ ~ .9 ~ " ~B ';: E o 0 > ~ ~ o 'C 0. , ~ 0<8 (l) (/)'"0'"0 .;:: 4-< ~ ~ o (<j (l) ,.J::: OfJo.;;>@gf .S ~ 8 ca 2 ~ v ~ '"O-s ~::~~'E -c;<Ea~ gfo51"€ ~ ~ .~ ~; (l) 0 '"0 'C (";I.L:J 0 ."Ol.+-;;:::u (l)'-:: 0 ~ u QJ g 6 "';::: 6 E '!;': g:-;:: u OJ) ~',p 3: ~C;:lC:!"O ~.~ U ;:I a . .S!-o <l.iu ci:! B"E ~~~.~ ro..........uu> E ~ .8 .!:: <E ~ c;::S uJ 5-~.E .3 :: ~ ~ .~ ~ ""5 0 ro,..D g. 0 u;f:E::as.c ~ ~ g.~ firO - I"- co o Co! ~ ~I II il &1 !I c ~l ~I il ~I I i I ~ 'E ~ E E 0 t,) ~ 'C . 2 c -!i- E . 0 ~ t,) :5 CD ~ u :c co "iij >- :;: D:: ct: "0 o ~ ~ 0.0.. co ~ 0 ~ C) D:: '" . 0 := II:: 0 --' ~~ . . 00 0.0 Z '" - ~ c:: 0 co-' II:: .~ " . """ o E '0.2 ~o Do co co W.c:: "',. - 11::0 .~ .!:! ~ ~ E~ 010 i=~ ~ " 0.0 <( a 0 C) ~ - ~ CD ,. 11::.... ,..: 0 ~ !::: 0 - z - 0 E _c o 0 :;: ~ -c;:; CD o ~ Z a. ;:!E 0 CD ~ ~ '" ::E ~ ~ :J > co C) c:: E 0 :;: :e "0 c:: 0 0 ~ ~ ~ ~ ~ ~ ~ ::E c 0 '" ~ g i c ~ o ~ :Z;::::I It! 111 6' gmz i::E ~ c ~.q .~.;: U !5..~~] C D...:: fi ro (,) :: g'E ~~E ~ CIJ ~'t:; ~ @ '2'.f' 2- ] ~ B- o..UOo...Ii10 >< >< >< '" ~ > o 2 " 0- o 0- '''<r: :.00... 5;:0 uu ." '" c ~ u ~ <8 ~ ..Q ~ ~ a::: U ~ .~ ~ .5~<c~6 E >< ~ v 0:0:.01::.9 B ~ e eJa '" -088:(1)5 ~ c ~ ~.;:: ~ 8. -~.S ~ fi a V)22""8~~~ =~~~tJo...e O-B>-C~5E-< 00....... 2 ~....... -,;:: (1) Q 0 a...- 0 :::I g ;zc;; g.~ 5~a::: ..0( 5 - "'.- 0... 0.. >- ...."'@p.. (;j.....:..2 o 2:~ ;:E c ~ ~ o ro ~ Ii) E ~.::: ..J B (]J 8 (l) 0... O~=-o.E~ ~ .S ~ d E O..c OP:~~GcI)U N - I :g bfJ ~ od >= .- ~ "5 u -0 D.. IV"':;;.> c ...... p.,CCro c: -< '5iJ E DO bfJ E u ~ 1:: ,S.5 1:: Q) ('J C:"'O (':j ...,.., >-- 0.. c:::: 0... 0....... <1) ('I:! ::I (1) ctiJoO:coo >< >< >< '" ~ > o 0 ~ C 0- .:2 0.. ,,<r: "'0.. 5;:0 uu en ...j -< g: ,t.> '..... -< ::0 ,en ';:J o ::2 -< N -< :: 'Q :z: -< en ::2 -< N -< :: u< ~ > ~ ~[] u ~~ .s-g~ . ~ c 0.. ~ .- ;:Ow'" u":; ~ "E ~ .~ ~ - u &] :9 o ~ ~ 5.", (':j w -" ~ ..c ::; 0... -;:<:2 'oucc ~:g~ o ~ '" s..e:: c g. 0 w o 0 ~ :: t) '@ ,9 ~ C d:08 c:: c bf) >. ro C ~ ~5~'"O p.. Q,) ...... c = c...5 5 cd IJ.) :: ~E ~bf)E U CIJ t::.-.s t:: (1) ro C:"'O ro '2'.f' e- ~ :s e- o..UO 0... coCJ >< >< >< ." ~ > o 2 c 0- e~ "'0.. 5;:0 uu C I- '@ bi} i3<8~-3C: ~ ~.~ ~ ~] _ 5] c'dt1J>oo~.Bg>, ....... P-.;> s::: <;::. 0 ;:j.- bO_ ~(I)IJ)S-O"""'-t;~.B~ .0'u.J ~ i:: @ ~ s::: ~ ~ ~ p,Ob t1J bDS:::uo_r:i5 (I) ~ ;> s::: CJ - U w Z M v._ !;: !-< ~ l/) ...c: _!-<!-< "" o..c - N'\ ....... s::: U 0... :J...c~ (fJ~""'" l/) ,,~ C3 e::. s::: -0 "3 ...... P-. _ U ~ ...... o..s::: ......- P-. c'd ~ ..... ~ .s: ~ .;:: b . E p-. ..;: ;3: (l)a u.s(/)..2...o~[j~ (/) ].g EO""CI:-eo...{/)] v ~ ....... "0 2 P- ~ .::: Cd (I) ro -= .5 4-0 s::: 4--i 4- .- ...... ..... ~ bO cr' o ro >,0:= ~ gr- s:::.3 ~ Cd ......... .~ S:::;:j Q). :..::: ...... >0 >.S t1J ~o"2 c..S:::.~ 2 :z: .-8 0....0 ~ t1J .::: ~ ~ OJ 2: @ <r:: .6 -8 ~ -5 g. (/) ~ 0... ~.';::13~~~'o~[j8.13 ..s::: E..c: -0 .~ 4) V"J .~ 'E ~..c: .......,..ourouus::: >(/)O o ;:j ;:j c..> ro C3.S Q;> <r:: ;:j ::: ~ t; -g b. ~ -~.~ E (/) ~ .S c'd 5 u -0 o].B 0 ~ 5 P: ~ u .s @ -3 8 <r:: cI) ~ U :! OJ ... on >, @ s::: ~ .~ ;:::: u c..~~""CI ~ p-.= &3 @ OJ <r:: bO E 01) 01) E U ~ t::.8.8 t: v ro ~ "0 ro .2'.qe-~~ e- o...UOo...COQ >< >< >< ." ~ > o 0 = 0. .g P- ~<r:: 5:3 uu ~ 'is _ c o ~ Q.g 2: .- 0 <r:: u u = II..> s::: .- -:5 .~ 13 1)o~notH !~:::J t).';:: ':3 U CJ 5 -< "0 ;;:g ':J ~ !-< [J') ia oo..ro g.g-~ :fj b.]~ f- t1J c'd CD ! -< -5 ::: s::: I;;.;>: 4- t1J 0 <: o.~.v:; >Cde2 ~ > - II..> o 2Cd] ..J 2:~ ro o ~ Q) ~ " ....... g ~ 'Q ,,'5J, ~ >- ..... c: t1J . :: 0.. UJ a <r: ~ c- o 23 N ~ - ~I ~I D'> c t o D- Q) Il:: !I c ~ c o ::;: c ~I ~l i I I CD U r;. ~-g a: 0 CIa: 0::: a:O ~~ ~ ~ I- 0 a: .~ o E II.. .. W.<: a:<.> ~ ~ c( ~ CI E ~ CD a: I- o ... 1=.2 Z~ o E :E :;; zll.. Q :: 1-::1 c( .. CI c E 0 :E~ c o <.> ~ c ~ E E o (J ~ "9, ~ '" 0 -5.- E " o .!!:! (J '" E ~ :c 'iij >- ct: o ~ c.1l. ~ ~ a: co... c. 't:c _ C::::I 0 0.2 co 010 .=.!:l- E~ ;:: >dI !: ~ ..0 " >-- _ c 00 ,,:;:; o ~ .z~ ~ ~ :; ~ > ~ ~ !; ~ ~ ~ :; c .2 10 g :i! c ~ o ~ ~~ci g:gz :i!:; "" ",;" ;3 ~.~ u';:: U :":::<l)~"'O p.. ~ c: @ E c. v v ::: .~ g ~ gf ~ ~ u.1 @"j;; ~ a "2'.f' e- ] ~ g. o...,uoo...~a --' . . c c .." - x x x " ~ "" ",;" @ c:.';:: u '':; u ~~~E p., c: c: ro E <t: "50 E Of) I;.Q Ev ...... c: t c: c: ~ ~ ro ":;: :e ~ "2' ,f' e- ~ ~ 2- o...,uoo...ro.o. x "" a ~.q ~"6 u "'0 g;g~ a c < "51 S en bI) E ...... c: t.5 c: t:: ~ W ro c: i5 cd "2' ,f' g. ] '5 g. o....uoo...COO x "' ~ ~.q U';:: U ~~'<:;:.-g ~ c. c: c: ro .... -< 'SO E bI) bJ) E ...... c: t: S c: t ~ u.1 (';I c:..a cd '2.qg.]~ g. o...,U00... c:HJ, x x x E E E Vi Vi Vi E c "" "" c "" c u C u u Vi .g v .g v .2 u .g .c .c .c .~ "" u U u U U U u u u v u v Jj C. ~ C. c C. c '"' u ~ ~ ~ ,5 ~ "- u .E 0: .E 0: 0: .5 Eo] [/) b[) cd 13<-<=< </)0 c: I!) ~ "2 ~ ~ '3 c: v g: ~ e: g.2 - .g .g ...... 0..::$ c:] ca g.5 SD_ ~ VJ U) .2 -g B [/) 5; ~ ~ .O'~ ~ E ro 8 c: -a e ~ lip... ~ ~1G8=aU)o <l):z: ~ <l)._ t '-..c: [/) -;5 cU 5. 5...c <2 [/).~co VJ cd 0:: c:"'O "9 _ 0........... u_ ~ c ;:<2 .s ~ .~ "- g ~ 5 u'fi[/)~].g~~~(/) ~ v-2Eoi3 _iflCCl) -B "'0 2 p.. N:~ cd v cd .s .~ '0 a~~~ ~ ~t: ~B ~ ca 0 "; .S! ~ >. OJ -ci :..::: ...... ~ z .- ..... .D cd 0 <l) E: a E 0. c ~S ,2 8.E~ c:5 ~ ~ g-;,:C[/)[/)C':I'+-<<l.J\.;5.C: ..... 0 ~ <u '- 0 '- <u 0 ~ .8..... ~.g 'V 13 .~ c;:; V;'';::: 'c; -g ~ <u ~ ~.2 .c ~ <t 2 .... '" ~,"2 5. ~ :':::';;: ~ r:./) 'in .2"@ s::: u "0 0 ""2 '';::: 5:3: s::: 3: {J 8 .S: a 2: 8 ~ if} 88 o - ~ ~ ~ <l) ~ <l) t':J ~.s '<:::' ..s~ .......~ :>.3-5000 ..Q '-> ~ s:::..s::: a e. E.2 g '';::: c:: (;:j <11 U _ .Q -0::2 Q) '- -''''''' $:: ~-B Ii ~::I s::: ro "0 !:::"O .~ ':$- c ~ ~ - E ro~,~~ ~og:a.g t; if)'.g 5 <u ~""2@~..c"Z [('jg~~2E ~ -- ~ 1o.~~~~ '" ':$- .:.S: ~ 8 '-> 0 <l) .- ~::;;:s:::~<l).b U..Q 0.... U '- i..ci: 'r::::::: ~ g. 0.. '" ~ . "'~ 2 ~ ~ BE p., 0.. .c ..... 0 >-::;:; ~ !-- U U a..> c:c ro "' - .. '0 v 0 [; ..c.c .... "@U $::~..c <l) E c: ~.s o..<u::::: ..... .... ._ "0 g.8.~@ch Il.J 0.... '" ~ 0...... @"~ ~ :::1"0 u:::: 0 8 8 ~ b::::: ~ ~ 6b..s '5. U <l)..... ::I <11 >''-VJ~..s::: :gs .~g s::: <'..I ~ _ <11 .:3 :D '5. 5. ;q <11~ 2! <11 2 '" .- "@ 0.. 6 c ~"j:; 0.. 0 <l) ('j <l) ('j <11 ~ ~ C;:;] ;q <'..I E..... ro ~"@ ;g B .~ ~{J 0"2> c <11"'2 t ro .~ ~ ~ 8.] QG..ceu 00 - "'... ~ 0 .c '- o ~ '- .'@ E ~ E ~ ~ c '- <l) E ~ <B13o~ ~.g,c15 u ~ ~ (;:j]~..c ~ro""U '5 E B ~ "O~13.8 <l) c"O '- ..c <l)';;:.g ~~ ~o.. .c c ~ ~ ~.g ~::;:; '"@ ~ ~CC{JVJ o..<+-< C -008<'..1 ~'a ~ ~ "@ 2-g,bIJ ::I '-..c 'g! 0"'"0 U ('j <r:: 8 ~ ::;:; '" t- o 23 N ~ ~I o ct Q) ~ 0, &1 ~I .~1 ~I ~' 51 il ~' ~ 'E ~ E E 0 0 ~ '0 . ~ c ;; '- C. E . 0 ~ 0 ] G> ~ U :c .. "ijj >. :E CI:: ct ." 0.. ~ 0.Q. .. ~ 0 ~ C> CI:: a: 0 ::: II: 0 --' ~] . . 00 "u Z II) - i= r::: 0 "'-' II: "E c. ,;: c o E '0.2 ,,0 D.. .. cu W.s: 0>10 - II: 0 c u ~ ~ "E !E -' i=~ ~ . "0 "0 <I: ~ u C> E ~ :!!: CI> " 11:1- ,..: 0 ~ !:: .2 z - 0 'E _c 00 :E ~ -c:O:: G> o ~ Z D.. .c.u:::: 0 CI> (j)';:: II) ::E ~ ~ j > C> .. r::: E 0 :;::; :E :;; r::: 0 0 ~ ~ :; ~ .. ~ ::E c 0 ~ g> :iE c ~ 0_ ..~ ('II II) ci ~~z :iE::E ~ bI)>-. cd c:::: u';:: u ~~~] ....c p..t: t: cd ~ .~ s .~ ~ ~ ~w~t:-6@ '2.f: g. ~:; g. c...UClo...OOQ >< >< >< .86'0 i$:.r::<+-< u U U ";; ~ E Q).~ u ~ ~ v Q) s::: VJ....c.~ cdQ.l':"O ;:;:-500... u "'O....c ....cd .... ~.::: ~ ~ t:) 0000 .,g:; .~ a. t ~ ~ ~ 2 9-.;g .... -- c..."'VJ:-:::u2~ ]~]'sa-:Su ...... 0 .... ~ 0 >-''''0 A.......8 _ ~:::: (L) c.. t: _ <J.) .... s ~(';jarop.,G'- uo..'i:~Q~;g "'0 >-.0... t::.- 4-< t: ~.-;:1J~5o~ o :5'- p.., U C 4-< a.u'U>-.~2;: ~~<l)'E'o]15 ro u ;:::I .... 'C E V).s~;g~<J.) ;j ~-ro y,.D.~c U '+-< o..c... <u E "'0 "'0 13 - ~ ~.~ ~ ~ e @ "5 ~ 2~::U>.s~""[ ~ o....c: _ C ~ <l) ~ rJ'l 0.. '" ;:::I <U "" bI) > {:j U cdE6~E"'O~<1)$3 ::3 .s~]62'~~ ~ ~ ~ .g a."" 0 ] is :;; ~ ~ Q.. ~ Eu '0 a.-5 8.. 6 N E bI) >-. cd c.-<;:: .~";:: U _~~"'O 2:cc~ C <( "5b E OJ) bI) E t),fitC5t <1)"'"" C<j't:"'O cd '2.qB-~:; e- c...UQc..roO x >< >< B C :s: 'B ~ "; ~:.c u ~ U ~.~ ~ t: VJii: :0;:1<1)....... 0:-50 C ~ S:....... "'0 U U~~oc; T1a ~>=u ~-g&:"'~Bc~ a15 ~~.~ "2 ~ ~ E > E'Z v E E '+-< C 1:: 0 ~.~ ~"~ G'E'- ~~ 6 ~ 0] g.~ ..r::"O>I-C:c:d'::UI-Oc~<lJQ== ~Ero~~~~E~i::U~~,Dc - 0: -... '3 a Q) tl G ~ 8 '0 ~ 5 ~ ~ .~ ;:J n..c 8":0 - 8 ~ 1) U g U gp ~ 2 ~ ~E ~ .S c:d c: ~ ~ .;:: "0 ~ ~ 0 '- P- ~ ~ ~ .,g ,;:! ~ '" - ........ ~ 'e?..c E 0 ('.) c,- >-- U "0 ~ D... ~ U (;) Q) ...... <<:I Q)..c.- o..D ~ Q) "0 Q)"> c: P-EE~~~~]c] 28 a~~~ ~ c: a3 '.a ~_ ~ 6'-~ ~ i1"'g E I- ~ <<:I ('.) ro ;> ~ ~ <IJ 0.. @ 2; E <<:1'0;:; ~ 0 ~ ~ ~ 2~"'5 >--6;> I- 0 b 8~"OP:) vi <0 [ 8:] 2 ~ ~] ; ~ ~ c > ~ "2 i:: .-~<<:I<IJ<IJ~,D"""~,Du8.('.) roro~ roP-O)c~cr'o;gc:.a<IJ~~t)>--('.) >.-,Drou('.)......oi3('.)i::I-~2:'c('.) 2] .9 0.. g -g ~'-8 E ('.) ~6 <<:IEo. U g:", c~ >--0 "5"'0..5 >--~ ~"O:2 0 ~ ~ C %1- g:; 2 6 '" gee ('.) <( U c:d ......~>..~~<lJU~~~~E '~bJ) I- ._ ...... 'QJ 1-'- <IJ P- U I- ~ ::I 0 E c !:: .90..~.-('.)::IeE.~Q)......~~.0;:;~.~ Q: g.~6 B [~.g ~ E~ ro::l @ ('.)"'0 - N o M 1:: bJ)>-- ro c: ~ .;:! ;:u _('.)--."0 8: ~ 1:: ~ 1:: <( 'EiJ E bJ) bJ) E ~ c: t S c: ~ ~ P-1 ro c: -5 @ .2.f'~~~ ~ o..UDo..Q:)O >< x >< B Vi '" U C ~ .9 U~ C 0. " ~ i:L:..s I- .f' 0; ~ '" v....-u1:: E '"@ ~'o 'i:!:: P- 8. ~ ri ~ o..-.~ ~ e ;:J "'.- u U.~ gp..:: ~i::UJ""@ <:;:; Il.I >--~ o ('.).-<;::: <<:I c....r::U"O o -+-' ('.) E is.-g.s 0 ';;2'0;; '- "" C,D o c.9 == ""@~t)1i:: ;> 0 <oS '" r:.J 2 ~.~ "0 ~ P-Il.IEEo; g.,D '" <IJ ..c 1l.I:::=] 8.: -E~'C;~6 B gp-~2~ I- ._ <IJ 0 ::I .g g ~ ~ 2 0.. <B 0.. 0..-5 ...; N t- o 23 '" ~ ~I E'I (L ",I ~I ftl ~I c ro '" .S .8 'c o :2: c .Q ro g ~ ., u '" :oil: ~~ C)II: oi:. g:~ C)i: ~ ~ I- 0 II:~ o E Q. '" w~ 11:0 ~ ~ c( ~ C) E ~ ., 11:1- o ~ 1::.2 Z~ o E :0 :- zQ. Q : ~::I C)~ i= 0 .. :E:g I: o o ~ 'E ~ E E o u . ~ 10 _ c ~~ E ~ o !! U '" .5 ~ :c . .~ l: ct: o ~ C,Q. ~ ~ a: ~ ~.q .~";: u 0.. ~ ~"8 c o..~ii3ro Q) -< "00 E "'"'' E ...... c: .8 c: ~~~2";~ '0' C e- @ ~ g- d::UQO::~O ~~ >< ...3 - '" . c. ""c _ C ~ 0 o.Q cO 01- .=.~I- e:c i= ~ ~ ~ "0 u f-- :;; " c '" '0 0 Ui -c:O::; :;a oi:! u c ~ 8 .c .- '" Ci}:C u 1:> :;;~ ~ v 0. > '" .s p: ~ ~ ~ ~ ~ ~ :;; c .2 ~ :ii' c ~ o ~ :;~ci OI~Z "' ~ -I' :ii::E I '0 Q) Q) Q) 5.sg-S 0.......<84- 0.. O..c: 0 oQ)~..l: g gp u biJ OC~~ ........ 0._ >-. <l::..c .g .Dr.Jgc "0",9 ~ 1) 2 B -- OJ u ro-E ~ ~ c:~ c: 2.... 0 2 0..00:';:: wc::g ..D..2 ro'~ "'", ~ "3' v E ~ '" '0", C t1B '0 ~ ~ u '" C ~ 0 o u ~ . v c<j........ ~ Q).g ~ @ u ro '0_'0 eve ;g B.;9 ~VJ~ c'" c ~.~ ~ ~ N ~ """, c: C <;:: .~ ;: U 0.. ~ ';:,] ~ o..c c: ro ..... <r:'- Q) Q) .... ~E ~~E ~ ~ ~ ";:: .,; ~ "2'.f: 8' ] "5 B- p-.UQp..coQ >< '" Ui :;a u c ~ .S u~ g ~ ;:;:.= v u '" '0 ~ ~ @] c_'::: ..:2 g 0 0. C C -a 0 !:: u ~ v ~ ~~ E-o-5 -0 @ ~ ~ c ";: o v ~ o.E"O g..9- G v ~ ~ '" 0' v ..... OJ C. ,..e"'@ OJ :<;::: U..D ~~- i3E~ @ G' ~ "2 c: c: o v '" ij 25>"5 -E C';! v..D dJ c: E E ;> ......... u cd Q) ..f N ~ ~.q U";: U ;"::'<.1___"'0 0. Q) C c: C 0...= Q) ro Q) :: ~E ~~E tl ~ ~ "a ;; ~ "8'.f: e- ~ ~ e- o..uOo..ooQ >< '" Ui :;;; u c ] .g u ~ ~ ~ ~.5 v "' ,..C:::. '0 ~ "'- . u C C '" C o..~ c:U ;: 0.. . ~ '" '0 u _ v <1.)";::"'0 ~ ~ v '0 U V V V C > ~ ~ o v '" c."'cd Q)~ 0...;:::::. ~ c.~ '" '0 0 ;;a] :':: oJ..) C'J :::.-.~ u Q)C;:<::: g 0.. ~ '" '0 0 'Ov'O o E g g <8 .g c:";::; 11 - " ~ ~ N rl rl ct;.()>' cd 1:::';::: .~.i: U c.~-.::.""g a.CCC'd C ~ .51 E bI.! bI.! E "g ~ 1a.8.a 1a .S'.q e-]"5 e- A,..UQA,..I!:IQ >< '" Ui :;a u C ~ .g u ~ C 0. '" ~ 0.:"= o 0) .....n,"o <h ..... ~:E-B5~a~bi) 0) 0) ,",-<,..c._..;= C C --a U bI.! 0 ..J. ~ ~.a:.g 0)'"O.....~c~5~~~)u .s 3 --a ::;.g C'd.C'd 0 ..... 0.. ~ .....2(/),",-<u.sEO)O)o~ ~C'd~O~~~g.s~O) >~..... "'..;:: "'::::..... bI.!~-B 0).= ::;.~ C'd c.- '"0 C - O)u'-+=<I::"'<I.)~@~O,.)~t; UC~OO,.)_", C'd-...... C'd~ E~.s--a 0,.) I::"C)..D C ..... C'd- ,..C-ovt!u g.~?~; :~.~ ~ ~~ ~ ~ ~ bI.!~ @C'dEc[..2 g.~ o - c C'd.~ ~ '" '" --a c 2. :;; .u "t:; c.:::: D. E .- v 1J.)p..C'dcca.C'dO)~c.s ~ 3 ~ ~ .~ ~ E .~.: E ki g ~ ::::, ~ ~ ~ ~ ~~ ~;; 0).';: ~ 3: C'd u.;: ~.- '"0 E"'vv,..C....:g;:j>--a~ E ;:j > [/.) '" ~ '"0..........:> oEO.....-o c"2 ",,..c 0) 0 u ..... (,) 0 C ._ ..... u bI.! ~ - C u i5. C'd bI.! U E.il) IJ.)--a E.~:g ~ ~~.~..;:: ~ ~~ .~ 0. @ E .u ~ ~ --a ~.s 0: g. E .5 ~ (5 g ~ ~ '0 .~ o N c- o 2; N ;0 ~I 0) o ~I il a: -0 C ro 0> C 'C g C o :::; c .Q ro ~ :::; ~ 'E ~ E E 0 () '0 21 . ~ a Q; - a. E . 0 ~ () 1: '" ~ u :c CO 'in", ::E ~ 01: "C o ~ ~ 0.0. CO . 0 ~ C) ~ I< 0 :::: !E~ -- . . 00 C):<: "u z .. '-- i= " 0 '"- IX: 'Q c. ':0 o E _ 0 ~o 11. CO o .2 au Ws: 010 ~ ~o .S .!:! C ~ E~ i=~ ~. ~ c Z co "0 c( ~ 0 - C) E ~ '" '" ~I- ,.: 0 ~ t: 0 - Z ~ _ 0 0 E o 0 ::E ~ '0:0:: '" o ~ Z 11. =!E 0 CD ~ ~ .. "'~ ~ :;:) > ii C) " E 0 ;:; ::E '5 " 0 0 ~ ~ ~ ~ ~ ~ ~ '" 0 0, ~ :ii o ~ o ~ ..::I rei II) ci ~~z :ii'" 'i: bJ):>' G.~ 8 :':::ILI~'"O 8:.5 ~ @ \:: <r: bJ) 8 bJ) bi) E t) ,f, t C == t <1.)........ <;\j -2 '"0 r:d "2'.2 8- ~ '5 2- o...U oc...c:Q 0 >< >< >< ~ U) ::;, u 0 ~ .g u ~ o C. ro ~ 0:.5 N M 2 -:; ~ 2~ rJJ,j E '"0;';> C'3 "'::I 0...> ~ IU C 8 @ @ ~ '"0 bJ) ] ::I .~ .5 r:d o 'V Ii';;; a 2 .~ U g ~ ~ S -c:i g S >> .... -0 ~ ~ ~ :D .5 ILl E c... .~ ~ ~ g G 6 ~ ~ .g ~ 5. &; ~ -g e E "5 ~ :~:] 8 ~ ~ ~~c; ~ ~~~ e~.~ 5'~~~~~.g~'i]~U~~5~ u U-o @u u ~ ~ ~~ ~ co'';::: u :5: ...... t::___ _ ...c_-.....uor:d_.......E::::Or:d '-0 ....... :-:: ~ "@)'"O ...... -...c C ro 0 >= U ~ (l)'"04-<"'<1.)bJ)v~O"......<l)......~==<l) -< 8. 8 ~ -5 -0 ~ ~ g o'~ ;:; r-- u'~ 1:; a:ouo'+-<ro~_I1.)_.....bJ)bJ)U!.i=< v ~ p. <':I "B ~ B ~ ~ ~ C .5 .5 t:: ~ z v.5 ro c'"O :::1:-;::: ~ 8 ~ ~ ;;, ~ o .;:: ~ ~ UE B ~ ~ ~ ~..... OJ)...... c ~ ....... ............ .~ -0 ...c ..... !:B"E !1) ~ cd r;- 0 ~ iJ! ~.S <1.).S::! 0 E! 0 ...... ro [J) -< --a ILl ILl p.:J -.........c............ 0 If) [J) lI) t( >.......s::: o~~>.<l)ukJ<1.)~ o ~; B ~ ; ~ .~ ~ ~ c8 ~ -_= ~ c.. cd == ~.- J::i '"0 ;> en on ~.... ,~ VJ 0 cd .5 ~ <l)- bb ILl t) >. 0 p., ~-5 Z ...... "5'] v ~ "'0 C -0 "\: ~"m ~.~ ~ ;;2 .g ~:2 C ~ :e. ] E -g .~ t ~ S; Eo- ~ 0.. 5hO .5 15; "0 E 2 5. ~..g 5 ,-.: N '" o ~ '" ~ _ c. ~ - ~ ~ .~ {: ~ 2 c: >'@:.g g -g .~ ~~ ~ ~ '" u S 0 e. ~ - " ~OJJOJJ -" C C :;:g~ C '" '" '" 0.. C. ,-... o 23 N ;:r Attachment ^ Appendix A IMPLEMENTATION OF BEST MANAGEMENT PRACTICES FOR STORM WATER POLLUTION PREVENTION AT THE PROPOSED CHULA VISTA RACEWAY SITE The Chula Vista Raceway site improvements are scheduled to be completed by June of 2007, with the initial racing event scheduled for June 9th and 10th, 2007. There is an additional race event scheduled for Sept. 29th and 30th, 2007. Improvements associated with the production of race events will be temporary, and will be removed upon completion of the final race event. A site- specific Storm Water Pollution Prevention Plan (SWPPP) has been developed, and will be used during the grading phase and also will be followed during all race events held at the site. It is the intention of James P. Baldwin and Associates and CORR Racing to take all necessary precautions to prevent any instances of storm water pollution from occurring due to activities at this site. In order to achieve and maintain compliance with all applicable storm water regulations, operations at the site will incorporate the use of Best Management Practices as described in the SWPPP as approved by the City of Chula Vista, as well as any additional requirements imposed by the City. After all construction related activities at the site have been completed, a Notice of Termination will be filed with the State of California, leaving discharges associated with future operations at the site subject to regulation under the jurisdiction of the City of Chula Vista Storm Water Ordinance, County of San Diego Hazardous Waste Storage and Disposal Regulations, and current NPDES regulations. Best Management Practices have been developed for racing events at the Chula Vista Raceway site, and will be implemented before any vehicle traffic is permitted on the race course. A description of these BMP's would include the following: EXISTING I PRE RACE EVENT BMP's Erosion / Sediment Control- Improvements at the site will consist of a temporary gravel race track, placement of temporary bleachers, fencing, vendor facilities (trailers), portable sanitation, gravel access roads, parking lots, storage areas, vehicle maintenance facilities (pit area), vehicle wash station, hazardous waste containment area, and trash storage areas. All temporary improvements will be removed from the site at the conclusion of the final race event. During the construction phase, any sediment laden runoff will be directed to one of two existing desilt basins. The outlets of these basins will be capped to eliminate any discharge to the Otay River. An existing perimeter berm at the southern boundary between the site and the Otay River will be reinforced to prevent any inadvertent runoff from reaching the river. In addition, the racetrack will be graded along ridge lines, or elevated such that all runoff from the track drains toward an infield retention area designed to capture run off from the track surface and hold it to allow for infiltration or future removal. Treatment BMPs such as bio-swales, hay bales, etc will be used in areas of minor slopes where runoff does not drain directly to a retention basin. Dust control will be accomplished by the use of water trucks during the earth moving stages of construction. Silt fences are used at the perimeter of the site, with gravel bag reinforcement in all areas of concentrated flows. In natural watercourses, additional gravel bags are used to supplement silt fences, providing additional erosion control and velocity reduction. The locations of erosion control BMP's are shown on the Erosion Control exhibit in the SWPPP. A stabilized construction entrance will be provided at the entrance to the site. Street sweeping will be performed as needed to keep mud from accumulating on paved entrance roads leading to the site. BMP's for erosion and sediment control may also include the use of geo-textiles, erosion control blankets, tackifier and bonded fiber matrix (BFM). All disturbed areas will be temporarily stabilized, until permanent methods of stabilization can be utilized. Temporary and permanent examples of BMP's for sediment control include the use of silt fences, gravel bags, fiber rolls and retention basins. RACE EVENT BMP's Hazardous Material Containment Areas - BMP's utilized during Race Events include secondary containment at vehicle maintenance (pit) areas, hazardous materials storage areas, vehicle wash stations, portable bathrooms, trash disposal and materials storage areas. Additionally, any fuel drum storage and used oil storage areas will be contained and also bermed. Hazardous materials are to be placed in closed containers to prevent contact with runoff and to prevent spillage to the storm water conveyance system. Secondary containment, such as berms or dykes, will also be provided. Vactor trucks will be used to remove runoff from the containment areas and the collected runoff will be disposed of in accordance with City standards. Hazardous Waste containers will remain covered at all times. Run-on from adjacent areas will be prevented from coming into contact with the containment areas. Attached lids are provided on all trash containers to minimize direct precipitation. Site Runoff - Two desilting basins will be used as retention basins. Outlets will be blocked off so that no runoff will be allowed to discharge from these basins. At the conclusion of each racing event, accumulated debris and pollutants will be removed from these basins and disposed of in accordance with City standards. A temporary chain link perimeter fence will be located at the perimeter of the site to prevent the escape of wind blown trash and debris. There is an existing earthen berm along the southern edge of the proposed race track facilities that will also prevent any direct run-off Into the Otay River. Maintenance - Dust and trash control measures are included as well. To further inhibit sediment migration, the track will be watered between races. Access roads and parking areas will be routinely watered as well. Onsile trash collection will be performed throughout each event. Parking areas are graded, with silt fences and bio-filters along the perimeter to treat oil and grease from parked vehicles. There are no permanent utilities at the site. Generators, water trucks, a vactor truck, and portable bathroom facilities will be utilized. No temporary facilities will remain on site after the final race event. Long term maintenance of all remaining BMP's are the responsibility of James P. Baldwin and Associates and CORR Racing, who guarantee performance of proper BMP maintenance by the posting of a performance bond as required by the City of Chula Vista. 2 Access Roads _ There is one proposed access roads into the site. This will be used for public access and emergency access during race events. The main entrance to the facility is from the intersection of Main Street and Heritage Road and runs eastward on Wiley Road toward the existing rock quarry. The main access road will have a crushed asphalt base 6" in depth, for the first 200' from the point of entry. Maintenance will be continuous during race events. James P. Baldwin & Associates and Championship Off Road Racing (CaRR) will be responsible for the maintenance of these construction entrances and all other BMP's described herein. Trackinq _ To insure that no tracked sediment reaches the storm drain system, a sweeper truck will be employed to remove any sediment deposited onto Main Street or Heritage Road due to increased traffic during race events. All efforts will be made to prevent mud from being tracked onto public roads. In no case will vehicles be permitted to drive on, or park in muddy areas, or to leave the site without first removing any accumulations of loose mud. In the event of rain, all race events will be rescheduled. Wind Erosion/Dust Control - Silt fencing and temporary chain link fencing will be provided at the site perimeter to prevent escape of trash, debris or sediment to the surrounding area. This BMP is designed to capture wind-blown pollutants. To enhance the dust control efforts, the track will be watered extensively between races. To enhance trash control efforts, onsite trash collection is provided throughout race events. POST CONSTRUCTION BMP's Des"t Basins - Runoff from the track drains to at least three infield retention basins. These basins are designed as retention basins. In other words, no runoff is allowed to discharge from these basins. The remaining portion of the track facilities will drain to two retention basins located near the southern boundary. These basins will have no outlets, and will serve as treatment for runoff from the remaining portion of the race track and areas to the west of the track. The two pre existing basins at the south boundary with the Otay River will remain after race events have concluded. Site Runoff - A perimeter berm is located at the grading limits to prevent the discharge of trash, debris or sediment to the surrounding area, and will remain in place post race events. Veqetation _ Existing vegetation has been retained where ever possible. As the site is currently in use as a rock quarry, a large percentage of the site has been previously disturbed. The site will revert to the existing use as a rock quarry after the final race event. FUTURE SITE CONSIDERATIONS BMP's for the prevention of Storm Water Pollution, including but not limited to the above described items, will remain in place until the conclusion of race events at this location. The site will revert to its current use as a rock quarry at the conclusion of scheduled racing eyents. A site specific SWPPP along with approved BMP's will be implemented for future rock quarry operations. RH 4/16/2007 3 ..:S-Ift.- :--r:: CllY OF ENVIRONMENTAL CHECKLIST FORM CHUlA YISTA 1. Name of Proponent: James P. Baldwin 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 Number of Proponent: 610 West Ash Street Suite 1500 San Diego, CA 92101 4, Name of Proposal: Temporary Championship Off-Road Race 5. Date of Checklist: April 19, 2007 6. Case No. IS-07 -030 ENVIRONMENTAL ANALYSIS QUESTIONS: Less Than Significant Potentially With Less Than ISSUES: Signilicant Mitigation Signilicant No Impact Incorporated Impact Impact I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic 0 0 [2] 0 vista? b) Substantially damage scemc resources, 0 0 [2] 0 including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? cJ Substantial1y degrade the existing visual 0 0 ~ 0 character or quality of the site and its sunoundings? d) Create a new source of substantial light or 0 0 ~ 0 glare, which would adversely affect day or nighttime views in the area? 4/20/07 ISSUES: Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact Comments: a-d) The proposed project will be limited in scope and duration, and involves only minor site preparation for the proposed dirt track, and parking, spectator and race-participant areas. Security lighting will be provided iu the pit areas and the proposed camping area. While the proposed activities may be visible from some existing residential areas the track and pit areas would be located within portions of an existing rock quarry not currently subject to active mining, and would be temporary, and therefore would not permanently alter the aesthetic or visual character of the site Mitigation: No mitigation measures are required. n. AGRICULTURAL RESOURCES. In determining 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:: a) Convert Prime FannJand, Unique Farmland, or Farnlland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the FannJand Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result III conversIOn of Farmland, to non-agricultural use" Comments: a-c) Portious of the project site have been historically farmed, including the parking area within Village Three and the camping area in the Otay River Valley. The proposed project is not expected to interfere significantly with agricultural practices on the project site, due to the limited duration and scope of the project. The proposed parking would be located in areas that were previously used for agricultural activities; but have an approved SPA plan for urban uses, and therefore continued use for agriculture on the Village Three site is uot anticipated in the long term. The camping area is located within an area that is planned for active recreation uses. Preparation of the camping area would be limited to mowing of the site. Mowing activities would clear the site leaving the roots intact and therefore, implementation of the project would not preclude future ongoing agricultural use of the active recreation areas. Mitigation: No mitigation measures are required. o o ~ o o o o o ~ ~ o o 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 determinations. Would the project: a) Conflict with or obstruct implementation of the 0 0 ~ 0 applicable air quality plan? 4/20/2007 2 ISSUES: b) Violate any air quality standard or contribute substantially to an existing or projected alf quality violation? c) Result m a cumulatively considerable net increase of any criteria pollutant for which the project regIOn IS non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors F cl) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial numher of people? Comments: a-e) See Mitigated Negative Declaration, Section G. Potentially Significant Impact o o o o Less Than Significant With Mitigation Incorporated o o o o Lcss Than Significant Impact ~ ~ ~ ~ No Impact o o o o Miti2ation: The mitigation measures contained in Section H of the Mitigated Negative Declaration would mitigate potentially significant air quality impacts to a level of less than significance. IV, BIOLOGICAL RESOURCES, Would the project: a) Have a substantial adverse effect, eithcr directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by tbe Califomia Department of Fish and Game or US. Fish and Wildlife Servi cc '? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US. Fish and Wildlife Service? c) Have a substantial adverse effcct on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vemal pool, coastal, etc.) through direct removal, filling, hydrological intetruption, or other means? o o o o o o o o ~ [gJ [gJ o 4/20/2007 3 d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with cstablished native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? I) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local. regional, or state habitat conservation plan? Comments: a-I) See Mitigated Negative Declaration, Section G. Potentially Significant Impact o Less Than Significant With Mitigation Incorporated o Less Than Significant Impact o No Impact ~ ISSUES: o o ~ o o o ~ o Mitil!ation: The mitigation measures contained in Section H of the Mitigated Negative Declaration would mitigate potentially significant biological resources impacts to a level of less than significance. V. CULTURAL RESOURCES, Would the project: a) Cause a substantial adverse change ill the 0 ~ 0 0 significance of a historical resource as defined m S J 5064.5') b) Cause a substantial adverse change 111 the 0 0 ~ 0 significance of an archaeological resource pursuant to S 15064.5') c) Directly or indirectly destroy a umque 0 0 ~ 0 paleontological resource or site or umque geologic feature? d) Disturb any human remains, including those 0 0 0 ~ interred outside of [annal cemeteries? Comments: a-d) See Mitigated Negative Declaration, Section G. Miti!:!ation: The mitigation measures would mitigate potentially significaut significance. contained in Section H of the Mitigated Negative Declaration impacts to paleontological resources to a level of less than 4/20/2007 4 ISSUES: VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Eal1hquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault" Refer to Division of Mines and Geology Special Publication 42. \1. Strong seismic ground shaking? 111. Seismic-related gro11nd failure, including liquefaction? IV. Landslides? b) Result in substantial soil erosion or the loss oftopsoij? e) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse" d) Be located on expansive soil, as defined in Table 18-I-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supp0l1ing the use of septic tanks or alternative wastewater disposal systems where sewers arc not available for the disposal of wastewater? Potentially Significant Impact o 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 No Impact o o o o o o o ~ 4/20/2007 5 ISSUES: Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact Comments: a-e) The project consists of a temporary use, and involves no grading, excavation or cutting/filling of slopes, and involves only minor sitc preparation for the dirt track. The project is a temporary event taking place over two separate weekends, and no permanent structures are proposed. Therefore, the project would not expose people or structures to potcntial substantial adverse effects involving seismic ground shaking, seismic-related ground failure or landslides; nor would it be affected by potential unstable soils, or cause soils to become unstable, or result in or be affected by liquefaction or collapse. Further, the project does not propose the use of septic tanks or alternative wastewater disposal systems. Site preparation would have the potential to result in erosion impacts. Erosion control measures and erosion Best Management Practices will be identified in the Implementation of Best Management Practices for Storm Water Pollution Prevention at thc Otay Ranch Championship Race Track Site and are further detailed in Section G of the MND. With implementation of the proposed measures, impacts would be less than significant. Miti\!ation: The mitigation measures contained in Section H of the Mitigated Negative Declaration would mitigate potentially significant impacts to geology and soils to a level of less than significance. VII, HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the envlrorunent through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving thc release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-qumier mile of an existing or proposed school" d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport Jand 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 residiug or working in the project area" f) For a project within the vicinity of a private airstrip, would the project result in a safety D i:';;;J D D D i:';;;J D D D D i:';;;J D D D i:';;;J D D D D i:';;;J D D D i:';;;J 4/20/2007 6 ISSUES: 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 adj acent to urbanized areas or where residences are intermixed with wildlands? Comments: a-h) See Mitigated Negative Declaration, Section G. Miti\!ation: Lcss Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated 1m pact Impact 0 0 0 [8] 0 0 0 [8] Thc mitigation measures contained in Section H of the Mitigated Negative Declaration would mitigate potentially significant hazards/hazardous material impacts to level of less than significance. VIU. HYDROLOGY AND WATER QUALITY. Would the project:: a) Result in an increase in pollutant discharges to receiving waters (including impaired water bodies pursuant to the Clean Water Act Section 303(d) list), result in significant alteration of receiving water quality during or following construction. or violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which penruts have been granted)? Result in a potentially significant adverse impact on groundwater quality? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the o [8] o o o o o [8] o o ~ o o o o [8] 4/20/2007 7 ISSUES: Potentially Significant Impact alteration of the course of a stream or river, substantially increase the rate or amount of snrface runotf in a mamler which would result in flooding on- or off-site, or place structures within a 100-year flood hazard area which would impede or redirect tlood tlows? c) Expose people or structures to a significant risk 0 of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or clam? f) Create or contribute runoff water, which would 0 exceed the capacity of existing or planned stonnwater drainage systems or provide snbstantial additional sources of polluted runoff? Comments: Comments: (a-I) See Mitigated Negative Declaration, Section G. Miti!!ation: Less Than Significant With Mitigation Incorporated o o Less Than Significant Impact ~ o No Impact o [8J The mitigation measures contained in Section H of the Mitigated Negative Declaration would mitigate potentially significant Hydrology/Water Quality impacts to a level of less than significance. IX. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? b) Contlict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zarting ordinance) adopted for the pUI]Jose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural conm1unity conservation plan? o o o o o o o o ~ ~ ~ o 4/20/2007 8 ISSUES: Potentially Significant Impact !Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a-c) The proposed project would not permanently alter land use or propose any changes to existing or planned uses. As such, the project would not divide an established community or conflict with any land use plans or policies adopted for the purposcs of avoiding or mitigating an environmental effect. The project would not conflict with the City of Chula Vista MSCP Subarea Plan, (see Section IV, Biological Resources). Therefore, the project would not result in any impacts on land use and planning. Mitil!ation: No mitigation measures arc required. X. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known 0 0 t8J 0 mineral resource that would be of value to the region and the residents of the state') b) Result in the loss of availability of a locally- 0 0 t8J 0 important mineral resource recovery site delineated on a local general plan, specific plan or other land use pIano Comments: a-b) The track, pit and grandstand areas of the project arc located within the reclaimed portions of an existing rock and aggregate quarry. However, resource extraction has already occurred within the portion of the quarry where the uses are proposed. Portions of the project that are not located within the quarry would not involve extensive excavation or earthwork (including import or export of materials) that would have the potential to result in a loss of resources. Therefore. no substantial loss of mineral resources are anticipated. Mitil!ation: No mitigation measures are required. XI, NOISE. Would tlie project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or gencration of excessive gronndbome vibration or groundbome noise levels? c) A substantial pennanent increase in ambient noise levels in the project vicinity above levels cxisting without the project? o o t8J o o o t8J o o o o ~ 4/20/2007 9 d) A substantial temporary or periodic increase in arnbient noise levels in the project vicinity above levels existing without the project? e) Fora project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise leveJs? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Comments: (a-f) See Mitigated Negative Declaration, Section G. Less Tila" Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 0 0 [8J 0 0 0 0 [8J ISSUES: o o o [8J Mitie:ation: The mitigation measures contained in Section 11 of the Mitigated Negative Declaration would mitigate potentially significant Noise impacts to a level o[ less than significance. XII, POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, 0 0 0 [8J either directly (for example, by proposing new homes and businesses) or indirectly ([or example, through extension of road or other infrastructure)? b) Displace substantial numbers of existing 0 0 0 [8J housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, 0 0 0 [8J necessitating the construction of replacement housing elsewhere? Comments: The proposed project would not change land uses or propose activities that would affect population or housing growth. XIII, PUBLIC SERVICES, Would the project: a) Result in substantial adverse physical impacts associated with the provision of new or 4/20/2007 10 ISSUES: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact physically altered governmental facilities, nced for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other perfonnance objectives for any public services: Fire protection? 0 [8J 0 0 Police protection') 0 [8J 0 0 Schools? 0 0 0 [8J Parks? 0 0 0 [8J Other public facilities? 0 0 0 [8J Comments: The proposed project would not involve changing land uses that would result in increased pennanent demand for public services personnel, equipment and facilities or result in changes in service levels. Thc proposed project has the potential to result in hazards associated with accidents during the race events and therefore create a temporary increase in demand for police and fire services. In order to reduce impacts associated with accidents, security and safety, measures will be implemented that will mitigate potential impacts to less than significant. Implementation of the accident prevention and security/safety measures during site preparation and operation of the CaRR events will reduce impacts to less than significant. XIV. RECREATION. Would the project: a) Increase the use of existing neighborhood and 0 0 0 [8J regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities 0 0 0 [8J or require the construction or expansion of recreational facilities which have an adverse physical effect on the environmcnt? Comments: a-b) The proposed project would not involve changing land uses that would rcsult in increased demand for recreational facilities or services. Miti2ation: No mitigation measures are required. XV, TRANSPORT AnON / TRAFFIC. Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and o [8J o o 4/20/2007 11 ISSUES: capacity of the strcet system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections) b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result m a change in aIr traffic pattems, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? gJ Conflict with adopted policies, plans, or programs supporting altemative transportation (e.g., bus tumouts, bicycle racks)? Comments: (a-g) See Mitigated Negative Declaration, Section G. Mitigation: Potentially Signifieant Impact o o o o o o Less Than Significant With Mitigation Incorporated o o o o o o Less Than Significant Impact o o o o [2;J o No Impact [2;J [2;J [2;J [2;J o [2;J The mitigation measures contained in Section H of the Mitigated Negative Declaration would mitigate potentially significant Transportation impacts to a level of less than significance. XVI. UTIUTIES AND SERVICE SYSTEMS. Would the project: aJ Exceed wastewater treatment requirements of thc applicable Regional Water Quality Control Board? b) Require or result in the constl11ction of new water or wastewater treatment facilities or expansion of existing facilities, the constl11ction of which could cause significant environmental effects? c) Require or result in the consll11ction of new stann water drainage facilities or expansion of existing facilities, the constl11ction of which could cause significant envirorunental effects') o o o o o o o o o [2;J [2;J [2;J 4/20/2007 12 ISSUES: d) Have sufficient water supplies available to serve the project from existing entitlemcnts and resources, or are new or expanded entitlements needcd? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Potentially Significant Impact o Less Than Significant With Mitigation Incorporated o No Impact t?SJ Less Than Significant Impact o o o o t?SJ I) Be served by a landfill with sufficient permitted 0 0 t?SJ 0 capacity to accommodate the project's solid waste disposal needs" g) Comply with federal, state, and local statutes 0 0 t?SJ 0 and regulations related to solid waste? Comments: a-g) The proposed project would not involve changing land uses or activities that would result in increased demand for utilities. Miti2ation No mitigation measures are required. XVII. THRESHOLDS: Will the proposal adversely impact the City's Threshold Standards" A) Librarv The City shall construct 60,000 gross square feet (GSF) of additional library space, over the June 30, 2000 GSF total, in the area east of Interstate 805 by buildout. The construction of said facilities shall be phased such that the City will not fall below the citywide ratio of 500 GSF per 1,000 population. Library facilities are to be adequately equipped and staffed. B) Police a) Emcrgency Response: Properly equipped and stalfed police units shall respond to 81 percent of "Priority One" emergency calls within scven (7) minutes and maintain an average response time to all "Priority One" emergcncy calls of 5.5 minutes or less. b) Respond to 57 percent of "Priority Two" urgent calls within seven (7) minutes and maintain an averagc response time to all "Priority Two" calls o o o t?SJ o t?SJ o o 4/20/2007 13 ISSUES: of 7.5 minutes or less. C) Fire and Emergency Medical Emergency response: Properly equipped and staffed tire and medical units shall respond to calls throughout the City within 7 minutes in 80% of the cases (measured annually). D) Traffic TIle Threshold Standards require that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur during the peak two hours of the day at signalized intersections. Signalized intersections west of 1-805 are not to operate at a LOS below their 1991 LOS. No intersection may reach LOS "E" or "F" during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this Standard. E) Parks and Recreation Areas TI1e .Threshold Standard for Parks and Recreation is 3 acres of neighborhood and community parkland with appropriate facilities 11 ,000 population east of 1-805. F) Drainage The Threshold Standards require that storm water flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with the Drainage Master Plane s) and City Engineering Standards. G) Sewer TI1e Threshold Standards require that sewage flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Mastcr Plane s) and City Engineering Standards. H) Water The Threshold Standards requITe that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and that water quality standards are not jeopardized during growth and construction. Applicants may also be required to participate in whatever water conservation or fee off-set program 4/20/2007 Potentially Significant Impact o o o o o o Less TI...n Significant With Mitigation Incorporated ~ ~ o o o o Less Than Significant 1m pact o o o o o o No Impact o o ~ ~ ~ ~ 14 ISSUES: Potentially Significant Impact Lcss Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact the City of Chula Vista has in effect at the time of building permit issuance. Comments: See conunents under section XIII and XIV. XVIII, MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade 0 0 ~ 0 the quality of the environment, suhstantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important cxamples of the major periods of Califomia history or prehistory" b) Does the project have impacts that are 0 0 ~ 0 individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in cOIlllectlon with the effects of past projects, the effects of other current project, and the effects of probable future projects.) c) Docs the project have environmental effects 0 0 ~ 0 which will cause substantial adverse effects on human beings, either directly or indirectly? Comments: Due to the limited scope, temporary nature and time hame for the proposed activities, it is not anticipated that the project would result in significant environmental effects. The project would not have direct effects on habitats or species, and the identified indirect effects have been found to be less than significant. Cumulative impacts are not considerable due to the fact that the project is short-tenn in nature, and that its individual effects are either less than significant, or mitigated to a less than significant level. Based on the analysis provided in the MND, it is not anticipated that the project would cause environmental effects that would result in direct or indirect substantially adverse effects on human beings. XIX. PROJECT REVISIONS OR MITIGATION MEASURES See MND 412012007 15 XX, ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, invoJving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the previous pages. o Land Use and Planning ~ Transportation/Traffic o Population and Housing ~ Biological Resources ~ Geophysical 0 Energy and Mineral Resources ~ Public Services o Utilities and Service Systems o Aesthetics o Agricultural Resources ~ Hydrology/Water ~ Hazards and Hazardous Materials ~ Cultural Resources o Air Quality o Thrcshold Standards o Noise o Recreation o Mandatory Findings of Significance 16 4/20/2007 XXI. DETERMINATION On the basis ofthis initial evaluation: r find that the proposed project could not have a significant effect on the 0 environment, and a Negative Declaration will be preparcd. r find that although the proposed project could have a significant effect on the l8J environment, there will not be a significant effect in this case because the mitigation measures dcscribed on an attached sheet have been added to the project. A Mitigated Negative Declaration will be prepared. 1 find that the proposed project may bave a significant effect on the 0 environment, and an Environmental Impact Report is required. r find that the proposed project may have a significant effect(s) on the environment, 0 but at least onc effect: 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impacts" or "potentially significant unless mitigated" An Environmental Impact Report is required, but it must analyze only the effects tbat remain to be addressed. I find that although the proposed project could have a significant effect on the 0 environment, there will not be a signitlcant cffect in this case because all potentially signitlcant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ErR, including revisions or mitigation measures that are imposed upon the proposed project. An addendum has been prepared to provide a record of this detennination. I / .7'1 €IT~n L 'u:e Environmental Projects Manager City of Chula Vista ~.Izo /07- Date 4/20/2007 17 Comments on DRAFT MND IS-07-030 as of May 17, 2007 (30-day public Review Period: April 20, 2007 through June 21,2007) A. Theresa Acerro PO Box 8697 Chula Vista Letter provided May 7, 2007 at RCC Hearing Comments/Responses A-I through A-I 0 B. SIERRA CLUB San Diego Chapter 3820 Ray Street San Diego, CA 92104 Letter postmarked May II, 2007 Comments/Responses B-1 through B-Il C. FRANK OHRMUND 2433 Fenton Street, Suite A Chula Vista, CA 91914 Comment received via e-mail dated May 9,2007 Comments/Responses C-I through C-4 D. MICHAEL BEHAN Letter received via e-mail dated May I, 2007 Comments/Responses D-I through D-5 Dear MT. Laube, Please consider this letter a formal response to the MND for this project. The InteIDitv ofthe OVRP ..." ~ ;-~ \A ~ c.\" I have always believed that one of the most important goals of the OVRP is to keep open a wildlife corridor enabling species to move freely from the bay area along the riparian lands east to the Otay Mountains. The selected active recreation sites were never intended to preclude this wildlife function nor to impact upon the passive uses of the park for wildlife observation, hiking, biking, etc. There has never been any consideration given to Off Road Vehicle (ORV) use along this park corridor, Motorized vehicle use is inconsistent with the park mission and vision, the Multiple Species Conservation Program (MSCP), and the Otay River Watershed Management Plan. In fact much time and effort are spent keeping ORVs out of the park and off old dirt roads and trails. The Specific Area Management Plan (SAMP) has not been completed for the J Otay Watershed yet but certainly activities like ORV use will not be consistent with the A. "1- SAMP, Motorized vehicles (except emergency vehicles or wheelchairs) are not allowed :.J on any trails in open space areas in Chula Vista with good reason. I am concerned that this event could set a precedent allowing other inconsistent activities within and adjacent to the OVRP. The proposed event clearly has more than adjacency impacts. There is a section of the MSCP lands that is directly impacted on the north side ofthe river. One could also consider that driving through the MSCP lands in Wolf Canyon and the river bottom are also direct impacts even though the dirt roads being used are easements and fenced on both sides. The amount of use for shuttling during the days ofthis event will be many, many times the use by Border patrol or SDGE or other authorized public authority in a year's time. I am concerned that this event will be used to collect data and set precedence for a pennanent use of this type, The biological restoration projects undertaken in or around endangered species habitat have in the past taken six months or longer to receive the agency permits and complete the studies necessary to begin the project. We now have detention basins and drainages in Chula Vista that need cleaning for maintenance purposes and have been awaiting permits for some time. Submitting an application on March 28 and having pre- race activities begin on June 7 is outrageous and unheard of. Also the MSCP supposedly has very strict prohibitions against any kind of a disturbance during breeding season, generally March 15 through September 15. This has held up many construction projects. The construction along highway 94 requires a ten- foot or higher thick plywood wall all along the riparian corridor in order to continue during breeding season, This preferential treatment for this applicant is totally unacceptable and a very bad precedent. i. ',. "...,""'" ......\. -...: ~.;. ::;;' . !VIr. Glen Laube Environmental Projects Manager 276 Fourth Avenue Chub Vista, Ca 91910 .-'( \ ~'\. o.i.. t-' C RE: Conditional Use Permit for Temporary Championship Off-Road Race 2007, Case #IS-07-030 A A-I A-2 A.~ A.s A.t, Biologv The biological letter indicates there are breeding Gnatcatchers and Vireos in the area. Allowing this use with the only precaution being putting plywood on the backs of the bleachers really sets a very bad precedent for preventing future disturbances during ^- t~ breeding season. It is commendable that there will be a survey of camping and parking ff'3 areas for burrowing owl nests and any found will be protected, but by June there are apt to be other babies being cared for by animal mothers as well, which also deserve protection, whether they are a sensitive species or not. Domestic animals and unauthorized access to preserve areas are mentioned as potential negative impacts, All domestic animals have to be prohibited from this event unless there will be strict monitoring and enforcement ofleash laws. How strict and how many monitors will be on hand to prevent people using both the parking and the camping areas from not waiting for the shuttle but just walking or straying beyond the 3 strand fencing is not specified in the MND. The number of and the placement of monitors is critical to evaluating how well intrusions will be prevented, As now written protection is :.. A.:-t totally inadequate and not mitigated to below the level of significance. USFWS has a - T huge amount of evidence indicating how poorly fencing and signs alone prevent intrusions in sensitive habitat. Since an educational program is difficult if not impossible for a four- day event, there must be numerous well- trained security guards. It must explicitly be explained to guards and monitors what behaviors they are on hand to prevent. There is now no specific mitigation requiring a set number of guards/monitors or speciJying where they will be stationed, NOISE The noise letter says the event will provide structural elements for sound attenuation but only mentions the plywood behind the bleachers. Fireworks are particularly frightening to wildlife since they sound like gunshots and are unique light displays. They are also a fire hazard adjacent to tinder dry habitat. Fireworks should be prohibited entirely. The biological report on page 8 says that the noise analysis measurements "in portions of the quarry adjacent to sensitive habitat areas in the Preserve indicate noise level of up to 78 dB Leq," Looking at the chart on page 5 in the noise letter one sees that this location is in the MSCP preserve above the quarry or considerably north of the race venue and the Vireo nesting sites to the south, There was no measurement taken from the preserve area to the south or the west or the east. Since the level measured near the quarry scales was 68 one can assume that across the river from the quarry (over l,OOO feet south), which is separated from the quarry by the entire span of the race venue (a no <:/ longer used portion of the quarry) the ambient sound is less than 68 dB, but certainly A- 6 would not be anywhere near the 78 above the quarry or within the quarry itself. One wonders why the measurements were taken where they were unless for the express purpose of trying to prove the birds were accustomed to high decibel noise. The reality is most likely that the birds avoid the area above the quarry where the 78 dB measurement was taken and hang out south of the river and to the west in Wolf canyon where the noise from the races will be highest. Least Bell's Vireo is a riparian species. The recorded nests above the quarry are for Gnatcatchers. There are no recorded locations of vireos nests above the quarry, which is almost 3,000 feet from the riparian corridor, according to Figure 5 of biological letter. There is no date given for the historical nests, Since there is one for a Gnatcatcher in the quarry itself I wonder if some of them might predate the quarry or at least be from the beginning days of the quarry. Pal!:e 12 of the noise letter states that "The proposed project would c:enerste noise levels I!:reater than 60 dB hourlv LeQ noise level within portions of the adjacent biolol!:ical habitat areas. On page ten it states the P A system would generate noise of 70dB or less in habitat areas, On page 9 it states the 85dB race noise would be reduced by plywood and elevation difference to 75 dB "on sensitive habitat to the immediate south of the facility," where one would expect to find Vireos. This is clearlv an unmitil!:ated nec:ative impact upon sensitive suecies. June is the time when eggs are likely to have hatched and a bird being frightened from a nest will result in the death of the young. Air Oualitv The report admits that the emissions of CO are above emissions thresholds. It is questionable whether this would be a "hot spot" or not, but it certainly makes one wonder about Coors events that draw even more traffic. The PM emissions are a concern because mitigation requires frequent watering down ofthe roads and venue, which is a tricky proposition since one does not want to have mud, Lil!:htinl!: J Lighting is a tricky proposition too since the camping area and the parking area are in the middle of the MSCP land, It is doubtful if pointing lights down and away from A.tO habitat will reduce the impact to a level below significance for wildlife, Sincerely, ) // \, / >,z___/~_. ,_"/1/ Theresa Acerro PO Box 8697 Chula Vista, CA 91912 (619) 425-5771 A-~ I 'A.~ B 'l, "I ~~/'-~)"S I E RRA '. .... CLUB ... ,P . "i,;';'"", Chapter Chair: Joe Zechman 619-709w6168 Administrative Assb'tlmt: Martha Coffman 619-299-1743 mcoj!man@:;ierraclubsulltliego.org Administrative & Volllnteer Coordinator: Cheryl Reiff 619-299-1741 creijj@flerracluhsaffdiego.org www.sierraclllbsafidiego.org Sierra Club, Sail Diego Clmpter 3820 Ray Street San Diego, CA 92104 Mr. Glen Laube Environmental Projects Manager 276 Fourth Avenue Chula Vista, Ca 91910 glaube(mci .chula - vista. ca. us RE: Conditional Use Pennit for Temporary Championship Off-Road Race 2007, Case #IS-07-030 Dear Mr. Laube, Part of the mission of the Sierra Club is to explore, enjoy and protect the wild places of the earth and practice and promote the responsible use of the earth's ecosystems and resources. Please consider this letter the Sierra Club's formal response to the MND for this project. The Intee:ritv of the OVRP and MSCP The Sierra Club has been led to believe that one of the most important goals of the OVRP is to keep open a wildlife corridor enabling species to move freely from the bay area along the riparian lands east to the Otay Mountains. The Sierra Club and its members wholeheartedly agree with this goal. As the wildlife of San Diego County are increasing confined to smaller and smaller habitats these wildlife corridors become more and more critical to their existence. The location of this active recreation area has been a concern for some time since the corridor to the north is so narrow. It has been our understanding that the use of these active recreation areas would be a matter for much community discussion and analysis. after they were dedicateo10 the preserve, in oroer to insure the protection of the adjoining preserve lands. In complete disregard of this process a camping area has arbitrarily been placed upon one of these active recreation parcels for the duration of this proposed event with less than 45 days for any conlnlent. This is an unacceptable procedure. There has never been any consideration given to Off Road Vchicle (ORY) use along this park corridor. Motorized vehicle use is inconsistent with the park mission and vision, the Multiple Species Conservation Program (MSCP), and the Otay River Watershed Management Plan. The Specific Area Management Plan (SAMP) has not been completed for the Otay Watcrshed yet but certainly activities like OR V use will not be consistent with the SAMP. In fact much time and effort are now spent keeping ORVs out of the park and off old dirt roads and trails. To allow the shuttling of 10,000 people a day for four days through the , II '1 I Ii II :' &- \ ~-L. Otay River and Wolf Canyon on existing dil1 roads is not an adjacency issue. It is setting a terrible precedence for inappropriate use of preserve lands and surely causing significant direct negative impacts, which were not analyzed. Motorized vehicles (except emergency vehicles or wheelchairs) are not allowed on any trails or dirt roads in open space areas in Chula Vista with good reason. The amount of use for shuttling during the days of this event will be many, many times the use by Border Patrol, SDGE or other authorized public authorities in a year's time. R.. There is absolutelv no analvsis of this inappropriate use in the MND. Fencing U'~ with three-wire fence both sides of the roads may confine tlle people to the roads, but does nothing to mitigate the effect upon the roads themselves or the negative effect of the traffic upon the preserve lands. There should be an analysis of Land Use impacts since clearly there lli significant negative impacts in further compacting the land and legitimizing trespass. This is a huge failing of the MND. Wolf Canyon and this section of (he Otay Valley are 100% preserve lands according to the MSCP. There is also a section of the MSCP lands that is directly impacted on the north side of the river-a section, which was an important paI1 of the corridor until a previous owner degraded it. This section is scheduled to be D. returned to habitat in tile future. Generally lmy kind of activity witllin a preserve IJ area-even restoration-requires a lengthy process to obtain pennission and pennits, II but this applicant submitted an application on March 28 and expects to hold pre- race activities on 6/7. This makes us suspect that a thorough enough analysis could not possibly have been done to reach the conclusion that all negative effects have been identified, much less mitigated. Biolo2V Even though the Chula Vista MSCP identifies a shorter period oftime for breeding season than what is commonly used this weekend in June is within the dates where activities are prohibited in order to protect breeding animals. The sensitive species in this case would be the Gnatcatchers and Least Bell's Vireo, which historically nest in this part of the preserve, It is another extremely bad B- t: precedent to allow this event in the middle of preserve land during breeding J season with the only precaution being putting plywood behind the bleachers. It is noted that a survey will be made in the parking and camping areas for burrowing owl nests, and any nests found will he protected. This is definitely an appropriate mitigation. The Sierra Club was (old that domestic animals have been prohibited but if people show up with them the leash laws will be strictly enforced. It is critical that more details be included in the Mitigation Monitoring program as to the training the security guards will receive, the rules that will be enforced, the number of guards and where thcy will be stationed. Without this information there is B.I _ absolutely no way of detcl111ining if the mitigation is adequate to prevent the ~ negative effect or not. There is a great concern that people will not wait for the shuttle but take off on foot through the preserve to the event from the camping and/or parking areas. USFWS has a huge amount of evidence indicating how poorly fencing and signs alone prevent intrusions into sensitive habitat. There is also the possibility of people and vehicles bringing seeds of invasive non-native ~ plants into the preserve on tires and shoes, which is ignored in thc MND. -.1' Noise Because this is a temporary event the letter states that it is exempt from the Chula Vista noise analysis. Bccause there is an intention to use data collected to apply for a permanent permit there is an attempt to show that the noise will meet B 1 city standards at the nearest residential homes. The analysis completely ignores .. section B of the Chula Vista Exterior Noisc Ordinancc, which surely will apply to off-road races, Noise is recognized as an adjacency issue for the wildlife and the conclusion is that in the habitat areas to the south the noise will reach 75dB after mitigation. This is completely unacceptable and an unmitigated negative effect of the activity since the accepted threshold is 60 dB. The lame attempt to change the threshold to an ambient noisc level of 78 dB Leq uses a measurement taken in habitat above the quarry, considerably more than 3,000 feet away from historical vireo nests. 68 dB ambient noise was measured ;tl"the scales located in the VIP parking area over a I ,000 feet from the historic nests. No measurements were taken in the habitat area to the south, so there is NO justification for not using the Q. , ~ usually accepted threshold of 60 dB for negative noise impacts in habitat areas. D Blasting cannot be considered since it is not an event that occurs on an hourly basis and is of very short duration. Paee 12 of the noise letter states that "The proposed proiect would eenerate noise levels ereater than 60 dB hourlv Leq noise level within portions of the adiacent bioloeical habitat areas. On page ten it states the PA system would generate noise of70dB or less in habitat areas. On page 9 it states the 85dB race noise would be reduced by plywood and elevation difference to 75 dB "on sensitive habitat to the immediate south of the facility," where one would expect to find Vireos. This is clearlv an unmitieated ueeative impact upon sensitive svecies. In Summary The Sierra Club considers the MND for this project to be inadequate because: J 1. There is no analysis as to the long and short-term negative impacts of thiS. D.. Ct land use upon Land Use policies associated with the various Resource U . J Management Plans for this area and the MSCP. 2. The potential for Significant Negative effects caused by domestic animals, human intmsion and the introduction of exotic, invasive species is acknowledged, but there is no detailed mitigation indicated showing how these intrusions will be prevented. Saying no one will deliberately plant an invasive spccies docs not mean that a tire or a shoe will not carry seeds Q into the preserve area. (This is just one problem with allowing people to \J - <<1) pass through the preserve to get to activities not related to the preserve function.) Saying there will be private security does not show where that security will be located or how that security will prevent, exactly which negative behaviors. Signs and fencing are not adequate deterrents when "".' people are surrounded by preserve land and allowed to cross it several -J' times a day. . 3. It is predicted that the noise threshold of 60 dB will be surpassed in the 1'2_ " preserve, thus causing an unmitigated negative impact. I':> :i Ii !i Sincerely, (~~/%fl i Landa L. flri~gs \... / Conservation Chair SielTa Club, San Diego Chapter :i II :i " 'I " I, Ii Ii II II II I II I Ii 'I I, I' Ii i: " I: " II II Ii Ii Ii Ii " Ii II Ii I' II i I Page 1 of 3 G~en Laube C- From: Frank Ohrmund [frank@otayrealestate.com] Sent: Wednesday, May 09, 2007 10:09 AM To: Marisa Lundstedt; Glen Laube Subject: FW: Resource Conserv. Commission meeting last night. Marisa/Glen, My modified comments are below. I [~f , I Frank Ohrmund Broker/Owner Otay Real Estate 2433 Fenton Street, Suite A Chula Vista, CA 91914 619-397-5300 voice 619-397 -5370 fax 858-945-4974 cell From: Frank Ohrmund [mailto:frank@otayrealestate.comj Sent: Wednesday, May 09, 2007 9:31 AM To: 'Marisa Lundstedt' Subject: FW: Resource Conserv. Commission meeting last night, Marisa, Your request to identify deficient items in the environmental document supporting a Mitigated Negative Declaration should include the following. Please pass this on as my objections to the environmental document. 1. Glen explained the true extent of the study and its relevance for a temporary use] C -, 2. After quick archeoiogical review, the camping site was now reduced to half its size. If this is enough land, still, then why was the entire area desired in the first place. Based on typical processes for consultants to complete their work, this process for them and staff and the public to review each environmental issue is not adequate. Consultant's work must have been rushed and appears to be incomplete when compared to typical reports for G """ similar projects. Not enough mention of alternatives have been made. The campground should have been . ~ moved to the parking area and should have been studied as an alternative. With such a quick review and study by the consultants, with current modification still being made, this environmental document supporting the mitigated negative declaration was completed in haste and more time should be allowed for alternatives to be developed. 3. No typical delays are being made for breeding season. The. truly, higher noise than quarry operations is an u:J C':3 mitigated impact whether or not its breeding season. 'J 4. No plan has been made to limit the non-native plants from dominating the camping site area after the current~ grasses are trampled down to a bare dirt lot. These non-native plants will re-establish themselves quicker than C ..... native plants and will then disperse their seeds. A plan to spray or weed these plants needs to be completed fo " next winter's growing season. The following are comments on th(projectas a WIiDI", that question staffs authority to support this project based on plannmg documents approved by tlie developer. I thmk a legal opinion needs to be made on the conversion of any use within the Preserve prior to dedication to the Preserve Owner/Manger or City of Chula Vista. 1. We have no declaration from the POM (Preserve Owner/Manager) for Otay Ranch on what their recommendation is Page 2 of 3 for CORR's proposal, and what its affect on the Preserve land, they manage, would be. This is for the unauthorized use of land at the south end of the Quarry that is south of the Quarry property line (in the MSCP) and the proposed Camping site. The camping site is talked about in the Otay Ranch General Plan. Resource Management Plan 1 &2 as being suitable for "active recreation" within the Preserve. This use would only be allowed to be converted from its current use after its dedication into the Preserve. At that time. the POM would oversee, with the JEPA, what active recreational uses could be developed by the park or a private enterprise. This can only happen after its dedication to the Preserve. Until the property is dedicated into the Preserve, language in Otay Ranch's own, self-imposed, planning document states that only existing farming can continue as a use in the Preserve. Vie neeJ1AJeg.aLopiniolltQ (letermjne if the Q.!i!y. Ranch Planntng documents p@clude 11:!~ ch.lflge iR..!!",e RrjQ!'tojl~L(ledicatiol'-.1Q the City Preserve. 2. The Chula Vista's MSCP calls for the "camping site" as a "Planned Active Recreation Area - Subject to RMP Policies and OVRP Planning". This same area is identified as a "Park Study Area" and that is because Figure 3-3 in the MSCP has determined that there is Tier I, II and III habitat to be impacted by development. Driving on and clearing this land hap-hazardly will most likely increase non-native plants in this area without a better plan. This would only matter if they somehow can support skipping #1 above. 3. The owner's of the Property have not shown that what they are planning is a net benefit to the community. They have essentially stopped quarry operations, which has increase material costs in the South Bay by 10-15%. Material for concrete, road base, and asphalt now needs to be trucked from north Lakeside. By closing the Quarry or operating it at a small fraction of its capacity is costing the community millions in trucking costs. The use would only be for a handful of millionaire racers and their sponsors. The public will not be able to use the facility. No local racers came to support this use at the public meetings. This is a playground for the elite period No contribution to the park has been offered. No net benefit has been supported. > > 4. This CUP is just a placemat that would allow them to process the "real" project later. Which now have admitted that they will soon do. Why let them do this with little review, when all the planning documents call for more study and involvement with the POM and OVRP JEPA. The owner's of the Property, CORR and Otay Ranch Company have plenty of land available for this facility and/or can hold the races at one of their other tracks this year. Their land in Otay Ranch has held this race before and I am sure they can do it again. This land is farmland away from the Preserve and it would be a better option to give them permission to grade this area while we process any application for a permanent use at the Quarry Property. This way all those responsible can properly review and comment on their project. This project should be completely outside the Preserve. 5. No changes to a quarry operation can be made without modifying the Major Use Permit and/or completing the Reclamation Plan. Since there is no Major Use Permit, and we are changing the use, the City should now require the quarry to be permitted under a use permit. Or they can close the quarry, complete the Reclamation Plan work and then process their Conditional Use Permit. At the very least, they need to deal with the Reclamation Plan before changing or modifying the use. City Staff stated that the Reclamation Plan allows for dirt to be moved and that is their justification for allowing them to move it into the form of a racing track. This is just bad logic and can't be defended by any sane person. This project needed a grading permit. The State Office of Mine Reclamation will have something to say about that reasoning. Respectfully submitted, Frank Ohrmund, Secretary Friends of Otay Valley Regional Park No virus found in this incoming message. Checked by AVO Free Edition. Version: 7.5.467/ Virus Database: 269.6.6/794 - Release Date: 5/8/20072:23 PM No virus found in this outgoing message. Checked by AVO Free Edition. Yersion: 7.5.467 / Virus Database: 269.6.6/794 - Release Date: 5/8/2007 2:23 PM No virus found in this outgoing message. Checked by AVO Free Edition. Page 301'3 Yersion: 7.5.467/ Virus Database: 269.6.6/794 - Release Date: 5/8/20072:23 PM No virus found in this outgoing message. Checked by AVO Free Edition. Version: 7.5.467 / Virus Database: 269.6.6/794 - Release Date: 5/8/2007 2:23 PM Date: May 1,2007 To: OVRP Citizen Advisory Committee via the Established Sub -committee From: Michael Behan, Committee Member rep. City of Chula Vista Subject: Review of the Mitigated Negative Declaration for Championship Off-road Racing I've read the Mitigated Negative Declaration document and find myself, for the most part, in favor of the Championship Off-road Racing event taking place. As a retired Recreation professional (34 years in the field) I believe that this event is consistent with providing recreational service to support the greater public good. The event, as stated, is proposed for four days with a planned attendance of 10,000 each day. Simple math tells me that approximately 40,000 people will visit the site allowing, what must be considered, one of the larger recreational opportunities to take place in Chula Vista this calendar year. The fact that the event is commercial and admission is charged has no bearing on the potential for the average citizen to enjoy attending. One has only to look a few hundred yards from this proposed CORR venue to find Knott's Soak City and the Coor's Amphitheater, both providing needed and sought out recreational opportunities. I don't find allowing the CORR's temporary 4-day event to be onerous and of great impact to the trail users in the area. The walkers and riders will still have 361 days in the year to enjoy the peace and solitude that can be found adjacent to a working stone quarry. The document on page 9 of36, section E. Compliance with Zoning and Plans states: "Because the use is temporary and subject to a Conditional Use Permit, a consistency determination relative to General Plan land use designations is not applicable." This statement alone seems to render most of the arguments I heard expressed last week at the Citizen Advisory Committee and Policy Committee moot, especially when one considers the fact that the proposed venue is on privately held land with high levels of mitigation proposed. Protection of the Otay Valley Regional Park's environment from any mistreatment from outside impacts is of primary concern. At this time, however, there is no empirical data, no proof, to substantiate any allegations that this specific event will negatively impact the park's environment or surrounding neighborhoods. Although, minus the data, one can certainly surmise some of the potentials impact to the area: I) Air Quality, 2) Sound Pollution 3) Hydrology and Water Quality, 4)Drainage/Toxics, etc. I believe that the document appears to respond to each of these issues with viable answers on surmised Issues. I strongly suggest that before the event is permitted the applicant provide a plan to document the impacts of the temporary event on the surrounding environment and community. The plan should include but not be limited to: . Sound checks measuring db's in the communities on the south rim during the race event. . Air quality checks measuring particulate matter during and immediately after each race. . Base level samples of the rivers prior to thc first race day and immediately following D Vi D-2.. D.~ \).~ the final day of racing for any heavy metal or petroleum based impacts on the watcr shed. Once these tests are completed they should be presented to the City of Chula Vista in a report that fully discusses the baseline methodology and findings prior to and after the event. Once the impacts are fully vetted, understood, and agreed upon by professionals in each discipline, a full formal report should be presented to the OVRP Policy Committee for comment and agreement. This data should then be included as part of any future application for the use of the venue for an Off-road Vehicle Racing. The data included in the report wil1 provide needed information to allow the OVRP Committees to make an educated, fact-based decision on any future use of the site. I am concerned with Page 12 of 36, section F. Public Comments section. The fact that the applicant met the minimum notification responsibility". . . Notice was circulated to property owners and residents within a 500-foot radius of the proposed project site." is not enough. Given the potential for disruption of quality of life (sound mostly) for the homes/residents located on the south rim of the valley, the applicant should have taken, and should be required to take, the extra steps to notify these residents of the potential disruption. 1)-1.( D-S Response to Comments on DRAFT MND IS-07-030 as of Mav 17, 2007 (30-day public Review Period: April 20, 2007 through June 21,2007) Theresa Acerro PO Box 8697 Chula Vista Letter provided May 7, 2007 at RCC Hearing A-I. Summary of Comment: Active Recreation Use area poses concerns relative to wildlife movement through the Otay River Valley not enough time or consideration has been given to determine appropriateness of camping in the active recreation area. (See second full paragraph, Page I). Response: The proposed project is a temporary use (two non-consecutive weekends only), and as such, temporary use of the active recreation areas for camping would not pern1anently impede wildlife movement through the Otay River Valley. It is acknowledged that establishment of any permanent use within the designated Active Recreation areas of the river valley will require a more thorough consideration by the City, OVRP Citizens Advisory Committee, and the Otay Ranch Preserve Owner/Manager. However, following the events that are proposed with the current application, the existing conditions of the Active Recreation areas will be the same as they are currently. Therefore, the project would not affect or preclude any future use of these areas. A-2. Summary of Comment: Off Road Vehicle use is inconsistent with the OVRP, the MSCP and potentially the Otay River Valley Watershed Management Plan (WMP). (See third full paragraph, Page I). Response: The project proposes off road racing on a closed course in a controlled venue in an area that is already disturbed and is not in the Preserve. Similarly, access to the race venue from the parking and camping areas will be provided via existing, dirt access roads. As stated in the MND, use of personal ORV and pedestrian access through Preserve areas is strictly prohibited. The applicant shall provide shuttle service to and from the parking and camping areas in order to restrict the movement of people through sensitive areas. As stated in the MND, these conditions will be monitored and enforced in accordance with the security plan to be reviewed and approved by the City's Environmental Review Coordinator and City Chief of Police. Page I of 13 A-3. Summary of Comment: The Specific Area Management Plan (SAMP) has not been completed for the Otay Watershed but will likely deem ORV activities within the OVRP to be an incompatible use. (See second full paragraph, Page). Response: As noted the SAMP is not complete. Until the SAMP had been completed and formally adopted, any analysis of the adverse physical effects would be speculative, and is not within the scope of the project's CEQA analysis. However, the intent and goal of a SAMP is to protect water quality and sensitive natural (particularly wetland riparian) resources. As stated in the MND, potential impacts to water quality will be mitigated and there are no anticipated direct impacts to riparian resources. A-4. Summary of Comment: Project-related use of shuttle buses within the Preserve would result in direct impacts on the Preserve, including further compacting the dirt roads and legitimizing trespass. (See first partial paragraph, Page 2). Response: The use of dirt roads by shuttle buses is identified as part of the proposed project activities in the Project Description in the MND. The project would not widen or in any other way improve the existing dirt roads. The use of shuttle vehicles is temporary, as is the nature of the entire project. Shuttle buses will be used to restrict uncontrolled pedestrian traffic, which may have the potential to impact surrounding sensitive areas. Private security will also be provided by the applicant to patrol the perimeter of the parking, race track area and camping areas to ensure that pedestrians and vehicles do not access preserve areas. Fencing is also provided at the race track, camping, parking and access roads to restrict access to preserve areas. A-5. Summary of Comment: A thorough analysis of impacts on the Preserve could not have been completed within the time frame of the analysis that was conducted for this project. (See first full paragraph, Page 2). Response: This comment indicates that, due to the timing and process schedule for the proposed project, the analysis is incomplete, but the comment does not indicate any specific deficiencies of the analysis. As required under the City's typical process, technical reports were required to evaluate project impacts on noise, air quality, cultural resources and biological resources. These reports were prepared by the project applicant and were reviewed by the City of Chula Vista and the City's outside consultants for content, accuracy and completeness. Since no specific deficiencies were identified in the comment, a more specific response is not possible. Page 2 of 13 A-6. Summary of Comment: The dates of the first race are within a time frame where activities are prohibited in order to protect breeding animals. Approval of the race sets an extremely bad precedent. (See second fu1l paragraph, Page 2). Response: The Chula Vista MSCP Subarea Plan does not specifica1ly prohibit noise generating uses in or adjacent to the Preserve; however, the MSCP does require that excessively noise activities adjacent to the Preserve incorporate noise reduction measures or be curtailed during the breeding season of sensitive bird species. The MSCP does not provide a specific numerical threshold for operational noise impacts. Refer to comment A-8 below. A-7. Summary of Comment: Enforcernent of leash laws and restriction of access into the Preserve are of great concern. Impacts from the transfer of non-native plant seed into the Preserve was not analyzed in the MND. (See last paragraph, Page 2, as continued on the top of Page 3). Response: The Mitigation Monitoring and Reporting Program wi1l provide adequate assurances that security staff will be trained, properly positioned, and will adequately prevent unauthorized access into the Preserve. Access of race patrons will be limited to existing dirt roads, the camping and parking areas, and the race venue itself. A1l of these areas are either devoid of native vegetation, or covered predominately in non-native plant species (former agriculture areas). Therefore, it is not anticipated that disturbance of these areas, and/or the slight chance of transfer of non-native plant seeds would have any measurable effect, either inside or outside of the Preserve. A-8. Snmmary of Comment: Noise impacts on sensitive habitat adjacent to the project wi1l result in significant Ullli1itigable impacts. (See first full paragraph, Page 3). Response: The issue of project-generated noise and its effects on adjacent Preserve areas is analyzed and documented in the MND. The noise analysis prepared for the project (Environmental Noise Assessment for the Temporary Off-Road Race Track, Dudek & Associates, April 16, 2007) provides an estimate of noise levels generated by the proposed project. In order to quantify potential impacts to noise sensitive receptors, including sensitive biological resources, the noise analysis applied noise levels obtained during the 2006 racing events. Utilizing that data and applying it to the proposed project, the unattenuated noise levels at the closest sensitive habitat location within the Preserve, immediately adjacent to the south of the proposed track, are estimated to be 85 dB hourly Leq. Page 3 of 13 As stated in the MND, taking the existing terrain topography into consideration, and providing the maximum sound attenuation available through structural design features (enclosure of the rear of the stands located between the track and the Preserve), the noise analysis concludes that areas having potential to support least Bell's vireo and coastal California gnatcatcher are expected to be exposed noise levels of approximately 75 dB hourly Leq noise level during the racing events. The City's MSCP Subarea Plan does not provide a numerical threshold for operational impacts. For comparative purposes, ambient noise measurements were recorded within the project area. Ambient noise within the project area is primarily associated with the existing rock quarry operation, including rock and gravel extraction, earth moving equipment, and rock crushing activities. Ambient noise measurements in portions of the quarry adjacent to sensitive habitat areas within the Preserve indicate noise levels ranging between 68 to 78 dB Leq. Due to the short-term nature of the proposed project (two consecutive days during the nesting season), and similar operational noise levels between existing ambient noise conditions and the anticipated, attenuated noise levels it is not anticipated that the project will result in significant indirect impacts on these noise sensitive speCles. A-9. Summary of Comment: Carbon Monoxide levels are above threshold levels, and it is questionable whether this would be a "hot spot". Particulate emissions are also a concern because watering of the track will create undesirable mud. (See second full paragraph, Page 3). Response: The air quality analysis indicated that, in the initial screening, CO impacts were identified to exceed the screening threshold. Therefore, the next level of analysis to determine significance was applied (the CO "hot spot" analysis). That analysis indicated that no significant impacts relative to CO would result. Mitigation measures that involves watering to reduce dust are applied in a controlled manner, such that only small amount of water are needed and are applied, to ensure that dust control is maximized, while not saturating the soil. Page 4 of 13 A-tO. Summary ofCommellt: The comment questions the effectiveness of lighting controls within the portions of the project located in the middle of the MSCP Preserve. (See last full paragraph, Page 3). Response: The issue of lighting its effects on adjacent Preserve areas is analyzed and documented in the MND. Temporary safety lighting associated with the project would be limited to the pit area, spectator area and camping area. The lighting for these areas would be directed downward, and away from the Preserve. Light spillage into the Preserve would be considered significant. As documented in the MND and MMRP, to ensure potential impacts associated with project lighting are mitigated to a level ofless than significant, the Applicant is required to submit, prior to the commencement ofrace activities, a lighting plan to the satisfaction of the City's Environmental Review Coordinator. The lighting plan shall clearly demonstrate that all temporary security lighting shall be directed away and/or shielded from the Preserve to prevent any potential indirect impacts due to night lighting, Additionally, low-pressure sodium lighting shall be used to reduce these potential effects. SIERRA CLUB San Diego Chapter 3820 Ray Street San Diego, CA 92104 Letter postmarked May II, 2007 B-L Summary of Comment: Active Recreation Use area poses concerns relative to wildlife movement through the Otay River Valley - not enough time or consideration has been given to determine appropriateness of camping in the active recreation area. (See second full paragraph, Page I). Response: Refer to Response to Comment A-I above. B-2. Summary of Comment: Off Road Vehicle use is inconsistent with the OVRP, the MSCP and the potentially the SAMP. (See third full paragraph, Page I). Response: Refer to Response to Comment A-2 above. Page 5 of 13 B-3. Summary of Comment: Project-related use of shuttle buses within the Preserve would result in direct impacts on the Preserve, including further compacting the dirt roads and legitimizing trespass. (See first partial paragraph, Page 2). Response: The use of dirt roads by shuttle buses is identified as part of the proposed project activities in the Project Description in the MND. The project would not widen or in any other way improve the existing dirt roads. The use of shuttle vehicles is temporary, as is the nature of the entire project. Refer to Response to Comment A-4 above. B-4. Summary of Comment: A thorough analysis of impacts on the Preserve could not have been completed within the time frame of the analysis that was conducted for this project. (See first fun paragraph, Page 2). Response: This comment indicates that, due to the timing and process schedule for the proposed project, the analysis is incomplete, but the comment does not indicate any specific deficiencies of the analysis. Contrary to the implications of the comment, thorough technical reports were required to evaluate project impacts on noise, air quality, cultural resources and biological resources. These reports were prepared by the project applicant and were reviewed by the City of Chula Vista and the City's outside consultants for content, accuracy and completeness. Since no specific deficiencies were identified in thc comment, a more specific response is not possible. Refer to Response to Comment A-5 above. B-5, Summary of Comment: The dates of the first race are within a time frame where activities are prohibited in order to protect breeding animals. Approval of the race sets an extremely bad precedent. (See second full paragraph, Page 2). Response: The Chula Vista MSCP Subarea Plan does not specifically prohibit noise generating uses in or adjacent to the Preserve; however, the MSCP does require that excessively noise activities adjacent to the Preserve incorporate noise reduction measures or be curtailed during the breeding season of sensitive bird species. The MSCP docs not provide a specific numerical threshold for operational noise impacts. Refer to Response to Comment A-8 above. B-6. Summary of Comment: Enforcement of leash laws and restriction of access into the Preserve are of great concern. Impacts from the transfer of non-native plant seed into the Preserve was not analyzed in the MND. (See last paragraph, Page 2, as continued at the top of Page 3). Page 6 of 13 Response: The Mitigation Monitoring and Reporting Program and project conditions of approval provide adequate assurances that security staff will be trained, properly positioned, and adequately prevent unauthorized access into the Preserve. Access of race patrons will be limited to existing dirt roads, the camping and parking areas, and the race venue itself. All of these areas are either devoid of native vegetation, or covered predominately in non-native plant species (former agriculture areas). Therefore, it is not anticipated that disturbance of these areas, and/or the slight chance of transfer of non-native plant seeds would have any measurable effect, either inside or outside of the Preserve. B-7. Summary of Comment: "The analysis completely ignores section B of the Chula Vista Exterior Noise Ordinance, which will surely apply to off-road races." (See first full paragraph, Page 3). Response: It is unclear what is meant by this comment. The referenced section of the Municipal Code (19.68.030 (B)), provides for corrections to the exterior noise limits, as follows: B. Corrections to Exterior Noise Level Limits. 1. If the noise is continuous, the Leq for any hour will be represented by any lesser time period within that hour. Noise measurements of a few minutes only will thus suffice to define the noise level. 2. If the noise is intermittent, the Leq for any hour may be represented by a time period typical of the operating cycle. Measurement should be made of a representative number of noisy/quiet periods. A measurement period of not less than 15 minutes is, however, strongly recommended when dealing with intermittent noise. 3. In the event the alleged offensive noise, as judged by the enforcement officer, contains a steady, audible sound such as a whine, screech or hum, or contains a repetitive impulsive noise such as hammering or riveting, the standard limits set forth in Table III shall be reduced by five dB. 4. If the measured ambient level exceeds that permissible in Table III, the allowable noise exposure standard shall be the ambient noise level. The ambient level shall be measured when the alleged noise violations source is not operating. If the implication that a higher (stricter) standard should be applied to this use because it is continuous (reference Section B. 1.), that would not be appropriate, because the use is not continuous. If the implication is that the noise is intermittent (reference Section B. 2.), is it unlikely that use of a shorter measurement period would yield a result that is more accurate. However, such a measurement may result in noise estimates that are lower than predicted in the Page 7 of 13 MND. If the implication is that the noise may be detem1ined by the enforcement officer to have characteristics described in Section B. 3., that determination would need to be made at such a time that the enforcement officer detects and evaluates the sound, which cannot be determined prior to project commencement. Finally, if the implication is that the measure ambient noise level exceeds the exterior standards (reference Section B. 4.), data presented in the project Noise report and the MND confirm that is not the case. In reference to the project and compliance with Section .68.030 (B) of the Chula Vista Municipal Code, the responses are as follows: Section B. I: The proposed project will not bc a continuous operation. Therefore, use of a higher (stricter) standard is not applicable. Section B. 2: It is it unlikely that use of a shorter measurement period would yield a result that is more accurate. However, such a measurement may result in noise estimates that are lower than predicted in the MND Section B. 3: This determination would need to be made at such a time that the enforcement officer detects and evaluates the sound, which cannot be determined prior to project commencement. Section B.4: Data presented in the project Noise report and the MND confirm that ambient noise levels do not exceed the exterior noise standards. Existing ambient noise conditions at the nearest residences, including the industrial park, were not collected. However, the MND evaluated a worse-case noise level of 93 dBA Leq at 100 feet from the race track. Applying the distance, atmospheric, and stand shielding resulting noise levels at the nearest residential receptors was calculated to be between 46 to 48 dBA, which is below the City's Noise Ordinance threshold of 55 dB 7 a.m. and 10 p.m. on weekdays, and between 8 a.m. and 10 p.m. on weekends. Similarly, the calculated noise levels at the nearest industrial land use was calculated to be between 63 to 65 dBA, which is below the City's 70 dBA tlueshold for industrial uses. It should be noted that the above information has been provide for comparative purposes. As stated in the MND, Chapter 19.68 Section 19.68.060 of the City of Chula Vista Municipal Code exempts occasional outdoor gatherings, public dances, shows and sporting and entertainment events, provided the events are conducted pursuant to a pennit or license issued by the city relative to the staging of the events. Noise associated with race activities would be intenl1ittent during the day, are classified as an occasional outdoor gathering and are therefore less than significant due to its temporary nature. Page 8 of 13 B-8. SlJImmary of Comment: The noise standard that should be used for evaluating potential indirect impacts on habitat areas to the south should be 60 dB. (See second and third full paragraphs, Page 3). Response: The issue of project-generated noise and its effects on adjacent Preserve areas is fully analyzed and documented in the MND. Refer to Response to Comment A-8 above. B-9. Summary of Comment: There is no analysis of the long and short-term negative impacts of this land use upon land use polices of the various resource management plans, including the MSCP. (See #1 in Summary on Page 3). Response: The Environmental Checklist for the project indicates that the project would not conflict with relevant land use/planning policies. The primary reason for this conclusion is the fact that the project is temporary, and would not preclude future uses contemplated in planning or resource management documents. The MND included a full analysis of the MSCP provisions related to Adjacent Management Guidelines. The biological resources section of the MND summarizes the project's consistency with the City's MSCP Subarea Plan Adjacency Guidelines. Issues related to drainage, noise, invasives, toxins, lighting, and erosion control have been adequately addressed in the MND and implementation of the MMRP and adherence to the project's conditions of approval will ensure that adjacency impacts are reduced to a level ofJess than significance. B-I0. Summary of Comment: Concern is reiterated over unauthorized access to the Preserve. (See #2 In Summary on Page 3). Response: Refer to Response to Comments A-2, A-3, and A-4 above. B-l1. Summary of Comment: Noise impacts will be unmitigated and negative. (See #3 in Summary on Page 3). Response: Refer to Response to Comment A-8 above. Page 9 of 13 FRANK OHRMlJND 2433 Fenton Street, Suite A Chula Vista, CA 91914 Comment received via e-mail dated May 9, 2007 C-l. Summary of Comment: Stated that the project manager explained the true extent of the study and its relevance for a temporary use Response: Comment noted. C-2. Summary of Comment: "After quick archeological review, the camping site was now reduced to half its size. If this is enough land, still, then why was the entire area desired in the first place. Based on typical processes for consultants to complete their work, this process for them and staff and the public to review each environmental issue is not adequate. Consultant's work must have been rushed and appears to be incomplete when compared to typical reports for similar projects. Not enough mention of alternatives have been made. The campground should have been moved to the parking area and should have been studied as an alternative. With such a quick review and study by the consultants, with current modification still being made, this environmental document supporting the mitigated negative declaration was completed in haste and more time should be allowed for alternatives to be developed." Response: The size of the area proposed for camping was reduced to avoid impacts. It is assumed that the camping use will be more compact, to fit the same use on a smaller area. This comment indicates that, due to the timing and process schedule for the proposed project, the analysis is incomplete, but the comment does not indicate any specific deficiencies of the analysis. Contrary to the implications of the comment, thorough technical reports were required to eyaluate project impacts on noise, air quality, cultural resources and biological resources. These reports were prepared by the project applicant and were reviewed by the City of Chula Vista and the City's outside consultants for content, accuracy and completeness. Since no specific deficiencies were identified in the comment, a more specific response is not possible. Refer to Response to Comment A-5 above. This comment also states that project alternatives should have been analyzed in the MND. CEQA Guidelines Section 15126.6 requires that project alternatives be identified and analyzed in environmental impact reports (EIRs). There is no requirement for an analysis of project alternatives in an MND. Since there is no Page 10 of 13 substantial evidence of an envirom11ental impact associated with the project after mitigation, an EIR is not required. It would, therefore, be inappropriate to analyze project alternatives. C-3. Summary of Comment: "No typical delays are being made for breeding season. The, truly, higher noise than quarry operations is an un-mitigated impact whether or not its breeding season. " Response: The issue of project-generated noise and its effects on adjacent Preserve areas is fully analyzed and documented in the MND. Refer to Response to Comment A-8 above. C-4. Summary of Comment: "No plan has been made to limit the non-native plants from dominating the camping site area after the current grasses are trampled down to a bare dirt lot. These non-native plants will re-establish themselves quicker than native plants and will then disperse their seeds. A plan to spray or weed these plants needs to be completed for next winter's growing season." Response: The entire area proposed for camping is dominated by non-native species in its existing condition. Therefore, it is not anticipated that the slight chance of transfer of non-native plant seeds resulting rrom access by race patrons would have any measurable effect, either inside or outside of the Preserve. Additional Comments 1-5 provided by Mr. Ohrmund relate to the project as a whole and question staffs authority to support this project based on planning documents approved by the developer. Supplemental questions 1-5 are noted but do not address the adequacy of the mitigated negative declaration. MICHAEL BEHAN Letter received via e-mail dated May 1, 2007 D-l. Summary of Comment: The first paragraph on the first page of the comment letter expresses support for the proj ect. Response: Since the comment raises no issues relative to the adequacy of the MND, no further response is required. Page II of 13 1Ji-2. Summary of Comment: The second paragraph on the first page of the comment letter indicates that the conclusions of the MND relative to consistency with planning documents addresses most of the concerns raised by the OVRP Citizen's Advisory Committee and Policy Committee. Response: Comment noted. This comment does not challenge the adequacy of the mitigated negative declaration. (The commenter referenced page 9 of36 of the draft MND- due to formatting/textual changes the referenced section can be found on page 12 of 36. No additional impacts occurred as a result of the formatting/textual changes.) D-3. Summary of Comment: The third paragraph on the first page summarizes the commentor's agreement with portions of the analysis provided in the MND. Response: Since the comment raises no issues relative to deficiencies of the MND, no further response is required. D-4. Summary of Comment: In the last paragraph of the first page of the letter, the commentor suggests the fol1owing: . Sound checks measuring db's in the communities on the south rim during the race event. . Air quality checks measuring particulate matter during and immediately after each race. . Base level samples of the rivers prior to the first race day and immediately following the final day of racing for any heavy metal or petroleum based impacts on the water shed. InfoD11ation from these monitoring efforts should bc reported to the City and the OVRP, and should be used in any future analyses. Response: Sound monitoring will be conducted and the data will be used in the manner suggested in this comment - to provide data that can be used in future studies. PM10 air quality impacts are measured and considered on a regional basis. There are no specific thresholds for localized impacts, therefore measurements of particulates taken at distance intervals would not provide any meaningful data from which conclusions could be drawn. Typically, PMIO is modeled for total impact. There is no reasonable method available by which PMIO concentrations taken from samples could be extrapolated to a total project level equivalent. What Page 12 of 13 can and will be monitored are the BMPs that include dust control measures to ensure that the assumptions relative to reduction of fugitive dust are realized. The project will not be permitted to discharge any runoff into the Otay River, therefore, monitoring of water quality in the River will not be necessary. D-S. Summary of Comment: Given the potential for disruption of quality of life (sound mostly) for the homes/residents located on the south rim of the valley, the project notification requirements should have been expanded. Response: On April 20, 2007 a Notice of Availability of the Proposed Mitigated Negative Declaration for the project was posted in the County Clerk's Office and circulated to property owners and residents within a 500-foot radius of the project site as well as adjacent businesses, property owners, and tenants along Nirvana Avenue and Energy Way, who are located beyond the 500-foot radius. (The commenter referenced page 12 of 36 of the draft MND - due to formatting/textual changes the referenced section can be found on page 15 of 36. No additional impacts occurred as a result of the fonl1atting/textual changes.) Page 13 of 13 DRAFT MINUTES OF A REGULAR MEETING OF THE RESOURCE CONSERVATION COMMISSION May 7,2007 Ken Lee Building Conference Room 430 'F' Street MEETING CALLED TO ORDER by Chair Reid at 4:31 p.m. ROLL CALUMOTION TO EXCUSE MEMBERS PRESENT: Chair Doug Reid, Vice-Chair Stanley Jasek, Commissioners Georgie Stillman, Lynda Gilgun, Eric Mosolgo, Richie Macias, Jr. and Brett Davis STAFF PRESENT: Marisa Lundstedt, Environmental Projects Manager Maria Muett, Associate Planner Silvester Evetovich, Principal Civil Engineer Glen Laube, Environmental Projects Manager Caroline Young, Assistant Planner Harold Phelps, Associate Planner Ed Batchelder, Advance Planning Manager Linda Bond, Recording Secretary OTHERS PRESENT: Theresa Acerro, 3730 Festival Court, Chula Vista John Willett, 97 Montebello Street, Chula Vista Frank Ohrmund, 12144 Proctor Valley Road, Chula Vista Ranie Hunter, The Otay Ranch Company Joe Monaco, Dudek & Associates Tony Ambrose, Burkett & Wong Total of 11 guests in the audience APPROVAL OF MINUTES: April16,2007 Chair Reid questioned the vote for Item #3. Ms. Linda Bond (RCe Secretary) provided clarification to Chair Reid's question. MSUC (Jasek/Gilgun) to approve the minutes of April 16, 2007. Vote: (7-0) ORAL COMMUNICATIONS: None. DRAFT DRAFT RGG Minutes - 2 - May 7. 2007 INFORMATION ITEM 1. Drainage Training Mr. Silvester Evetovich (Principal Civil Engineer) handed out an outline of his presentation. He discussed Engineering's requirements for drainage studies and how the studies are analyzed. Mr. Evetovich addressed the following topics: . Basic purpose for drainage studies . Levels of review by Engineering staff . Conformance standards required for drainage studies . Key elements to look for in drainage studies Commission Comments Chair Reid asked the following questions: . In most cases, detention systems would be required for excessive flows. Under what conditions wouldn't one be required? . Aren't a lot of the detention facilities in open space maintenance districts, and they are actually maintained by the districts themselves? Commissioner Mosolgo asked for clarification about a circumstance when a development that is upstream of a deficient system increases flows to these systems. Commissioner Mosolgo also had the following question and requests: . Has the City put any thought into potentially making all of these developers within the drainage basin pay through a fee for future upgrades to facilities? . He asked Mr. Evetovich to touch briefly on the City's floodplain ordinance, some of the larger floodplains that the City deals with, and also the upcoming hydro- modification changes. Commissioner Stillman asked if the concrete culverts were buried deep? Is that a big expense? Is there planning for it with the age of the west side? Commissioner Macias inquired as to what grade of concrete the City uses now compared to what the City used in the 70's? Mr. Evetovich satisfactorily provided information and clarification to the Commissioners questions. NEW BUSINESS 2. 15-06-020 -- Napa Place, 445 First Avenue Ms. Maria Muett (Associate Planner) presented the proposed project, which consists of subdividing a 1.7-acre site into nine single-family parcels. DRAFT DRAFT RCC Minutes - 3 - Mav 7,2007 Commission Comments Commissioner Gilgun noted the following and had a question: . On page 26 under Environmental Factors that are potentially affected, noise was highlighted, but there was nothing about noise in the report. . When the report talked about compliance with zoning, it says the General Plan has it zoned as RLM, which is supposed to be 3-6 dwelling units per acre, which is being consistent with the General Plan. But there are nine units in just over an acre. On page 4 it says 1.17 -acre site. . Are there plans to save some of the trees on the site? Chair Reid noted that, given that the trees cannot be saved, is there a need to modify the mitigation measures for fencing around the trees to be retained? Commissioner Macias asked how many dwelling units are currently in this area? Commissioner Mosolgo asked to be shown areas of underground detention. Commissioner Mosolgo then asked the following questions: . How are you going about proving medium to high treatment of water quality for this project? . Do you consider this to be medium to high removals? . Where is the brow ditch located? Chair Reid referred to page 5, Air Quality, 1., that makes reference to the City's Environmental Review Coordinator. Should that now be Environmental Projects Manager? Staff and consultants satisfactorily provided information and clarification to the Commissioners questions and concerns. Staff will make noted corrections to the Mitigated Negative Declaration. MSUC (Jasek/Davis) that the RCC find that the Initial Study is adequate and recommend that the Mitigated Negative Declaration be adopted. Vote: (7-0) 3. 15-07-030 -- Conditional Use Permit for Temporary Championship Off-Road Race 2007; east of the existing terminus of Main Street, east of Heritage Road Commissioner Mosolgo recused himself during this item. Mr. Glen Laube (Environmental Projects Manager) presented the proposed project Conditional Use Permit and Mitigated Negative Declaration. The proposed project is scheduled for the Planning Commission on May 23, 2007 and the City Council on June 5, 2007. DRAFT DRAFT Ree Minutes - 4- May 7,2007 Public Comments Ms. Theresa Acerro (3730 Festival Goult, Chula Vista, GA 91911): You say signs are 150 feet, but in the MND it says 200 feet. You also say no light in parking, but in the MND says there is minimal light in the parking area. You say the only thing that will be lit are the parking area and camping area. And it also says that pets will be allowed. Now I have always believed that one of the most important goals of the OVRP and now the MSCP, for that matter, are open wildlife corridors and they allow species to move freely from one area to another. These selected active recreation areas are not intended to preclude this wildlife function or impact passive uses of a park. But in this case, if you look at how it's right next to it, it appears that this will have an impact. It's very questionable, because we are right up against the river here. This is the corridor. And also the Multiple Species Conservation Program, the Otay River Watershed Management Plan say that motorized vehicles are simply not allowed. Motorized vehicle use is inconsistent with the park's vision, Multiple Species Program, and also the Chula Vista's policy for open space doesn't allow motorized vehicles on the trails even if they are dirt roads. And this unfortunately sets a precedent for allowing that kind of thing other than emergency vehicles or motorized wheelchairs. And that's unfortunate to have this kind of a precedent. I think the proposed event has more than adequacy impacts because you are actually allowing this motorized use within the preserve area, which is not allowed, theoretically, by regulations. There is also the problem of biological restoration projects even if they are undertaking around endangered species. It takes around 6 months to get a permit. And here, they put in an application on March 281h, and they are going to have a race on June 7'h This seems like kind of an outrageous and unheard of departure from normal procedures. The MSCP supposedly has very strict provisions against any kind of disturbances during breeding season, which is usually March 15 to September 15. And this has held up lots of construction projects. This again seems to be very preferential treatment for an applicant and I think a bad precedent. As far as biology goes, the letter indicates that there are breeding gnatcatchers and vireos in the area. And allowing this use with only the precaution of putting plyboard on the back of the bleachers is another bad precedent for preventing future disservices during breeding season. It is commendable that there will be a survey of camping and parking areas for borrowing owl nests. That will be protected. But by June, there will be other animals that will have babies here, and they need some kind of consideration, also. The question about how strict the monitors will be to prevent people from walking from the parking areas or the camping areas or outside of the three-strand wires for that matter... you said that they are going to train security guards, and they are going to specify and specifically look for and enforce that. Hopefully, that will help. I think it should specifically say in the Mitigation plan the number of guards and where they will be stationed and to specifically control this kind of behavior because Fish & Wildlife can assure you that signs don't help, fences don't help. Now, as far as the noises goes. Again, it's not really a study; it's a letter. It says the event will provide structural elements for sound attenuation, but it only mentions the plywood behind the bleachers. Fireworks are particularly frightening to wildlife. They sound like gunshots. The light is something that's unique. And there is also a fire hazard. I think fireworks need to be prohibited entirely. Now, let's look at the biological report. The biological report, on page 8, says that the noise analysis measurement in portions of the quarry adjacent to sensitive habitat in the preserve indicate noise level up to 78 decibels. But if you look at the chart on DRAFT DRAFT RGG Minutes - 5 - Mav 7, 2007 page 5 in the noise letter, you see that this location is in the MSCP area that is above the preserve. That is almost 3,000 feet away from where the vireos will be nesting. It's not appropriate to use that figure as ambient noise and say that we are meeting the noise level because there is no way that the ambient noise down here is 78. There was no measurement taken from the preserve area to the south or, for that matter, to the west, which is where there are historical vireo nests. Since the level measured near the quarry scales was 68, you can assume that across the river, almost 1,000 feet away, that it is going to be a whole lot less than 68. And so it's not going to be anywhere near where they are saying it's 78 above the quarry or even for what they gave for inside the quarry. It is most likely that the birds will avoid the area that is above the quarry where it is so noisy, and they will actually be to the south or to the west away from where it is less noisy. Page 12 in the noise letter says that the proposed project would generate noise levels greater than 60- decibel hours within portions of the adjacent biological habitat area. Page 10 says the PA system noise would be 70 decibels or less in the habitat areas. Page 9 states 85-decibel race noise would be reduced by plywood and elevation differences to 75 decibels, 75 decibels is clearly an unmitigated negative impact on sensitive species if we are taking 65 decibels to be the criteria, which is normally done in these kinds of reports for sensitive habitat. Now June is the time when the eggs have likely hatched. The birds being frightened away from the nests are going to result in death of the young. It would destroy their whole breeding season, and so I think that makes it a very significant affect. Mr. John Willett (97 Montebello Street, Chula Vista, CA 91910) had a handout to pass around. I would like to make one comment about the noise level and the birds. I have been out at the quarry when they have dynamited the area out there and used almost 900 pounds of dynamite and watched a bird in a nest in the camping area that just kind of looked around. So they do get used to it. I chair the Otay Valley Regional Park Citizens Advisory Committee. At the last meeting, after much discussion, we came up with the following comments: 1) The applicant should rigorously adhere to all conditions set forth in the final version of the MND. 2) The applicant should provide at its' sole expense impartial monitors that will measure and document the baseline conditions and the actual sound, air and water impacts to the Otay River Valley by all aspects of the races. Further, sound monitoring should also take place at the edge of the property line of private residences south and southwest of the race area. 3) The CAC's "CORR" subcommittee approval is not to be considered as an endorsement of any future proposal by CORR, whether temporary or permanent. One of the things the previous speaker talked about was the water. I co-chaired the development of the Watershed Management Plan for 2 years. I also coordinate the clean up of the Otay River Valley. Five months ago, Public Works did some water sampling. I was afraid that the water was contaminated. We basically have nine ponds that have water throughout the year, and we took the first sample all the way down at the west end. Not one of the four was above the danger limits. We propose and recommend and approve the work that has been done for the races. Mr. Frank Ohrmund (12144 Proctor Valley Road, Chula Vista, CA) stated that he is Vice- Chair of the Otay Valley Regional Park Committee, but my comments are my comments. I don't represent the group. My comments come about because I read the Otay Ranch General Development Plan, and they have certain things in place that would allow us to DRAFT DRAFT Ree Minutes - 6 - Mav 7,2007 develop this park, which is what I'm interested in is putting this park together. I've gone through and talking with Rick Rosaler. I'm curious on how they can turn this quarry into an off-road park and he said, well, the Reclamation Plan allows you to push dirt around, and so they are going to push the dirt around and create an off-road track. But when you have a quarry like this, and you reclaim it, it's going to look like a racetrack. And if you are going to use the Reclamation Plan as an excuse for doing the grading for a track, it's not a reclamation plan. A grading permit is probably required to do just the track. And nothing has been evaluated as to how the grading, if there is real grading, they are just using the Reclamation Plan as an excuse to be doing the grading. Also in the Otay Ranch Plan, as explained by CORR representatives that they consider the active rec areas to be areas that they can develop, that it necessarily doesn't need to be transferred into the preserve system. But their own documents in the Resource Management Plan talk about a preserve system of over 11,000 acres. And it says here, of this amount, up to 400 acres may be used for active rec. So it describes this active rec as being part of this preserve. The Otay Ranch properties would convey land and fee to the Preserve Owner/Manager, and the Resource Preserve Owner/Manager would hold title to land and permit through a lease or some other instrument of the Regional Park to operate in the Resource Preserve. They want to take land that is active rec and convert it before it has been transferred into the preserve. To me, that is a horrible precedence that will allow a private property owner property rights within the preserve when it should be transferred to the public, to be designed by the public as they see fit through a public process. The Citizens Advisory Committee is part of that process. The POM, which I don't think there is a Preserve Owner/Manager really in place other than the County and the City working together on implementing it, they haven't commented on what they would want in the active rec areas because they are supposed to work with the Citizens Advisory Committee to figure out what the community wants. I just think it's a bad precedence here to allow the conversion to the use when the project proponents' own documents state that no conversion of use within the preserve is allowed. Only existing agricultural operations can continue. Well, by allowing camping on the preserve, that's a conversion contrary to their own documents. And the little skinny strip of preserve land that is right in here should also be avoided. If you want to do the track, just stay outside the preserve. I really think there should be a legal opinion. I think the City Attorney should make an opinion on whether or not preserve lands should be donated into the preserve before their uses are converted. Commission Comments Commissioner Gilgun was disappointed because the RCC dealt with this issue last year and were reassured that this wouldn't come up again. She was yery concerned about the precedent that this is setting. She was very concerned about it running through the preserve areas, which are not designed for uses like this. She had every reason to believe that the RCC will be looking at another Conditional Use Permit or a permanent permit at some point in the future, and that really concerns her. Commissioner Macias asked the following questions: . Why was the track chosen to be so close to the preserve area? Why not over more to where the actual quarry is? DRAFT DRAFT RCC Minutes - 7 - Mav 7, 2007 . What are the owners' plans after the races? . What are they actually going to do with the land? . Is there any plan in the near future for that land? . How is the City going to benefit? . In 2006, how much revenue did the City receive from the previous race? Vice-Chair Jasek stated that it's very commendable everything that is being done to minimize the impacts, but the impact is still there. We are playing with a resource that for the longest time didn't get any recognition whatsoever. Now that it is, we are not fulfilling the promises that we have made for that area. He listened to the comments on the noise study, and didn't think the numbers actively reflect the noise levels that a person would suffer walking down Auto Park Way or sitting in the parking lot at Coors Amphitheatre. He thought that the manipulation of information makes things a little bit suspect. He also thought the speed at which this has been pushed through makes things a little bit suspect. He felt that a private property owner should be able to do, within reason, anything he wants to do to his property provided that it doesn't have a negative impact on the surrounding community. This has a negative impact on the surrounding community. Commissioner Davis was concerned with the camping area being so close to the preserve. He really don't see a value of doing it. Commissioner Stillman stated that, with the multiple species area, there is an issue of unauthorized use of that terrain. She is not against the CORR racing project at all. It is no secret that the Baldwins are committed to this type of event, and would like to make it permanent. They would have liked to of brought it forward as a permanent plan for that site. Over the last couple years she has become concerned that these studies of impacts: noise, air quality, etc. There are so many ways of doing it that the science is not exact. So, she was not concerned that an impact may have been mitigated to a threshold below a certain level because not only didn't she trust the threshold, she didn't think it's the point here. This preserve is like a green necklace around an urban center. It represents our link and the animals' link with a very important aspect of our past, present, and it should be part of our future. This is not the right spot for this. If it was truly going to be temporary, one might consider the issue of the parking, but we know that a permanent request is coming. We need to go forward with this effort to preserve the wildlife and the fauna. We can come to a decision as a community about how that preserve can be used by us. Being as natural as possible is where she felt she had to be committed. The CORR racing is simply going in the wrong direction when we have come so far back. If we are going to have a multiple species preserve, we have an obligation to keep going forward. Chair Reid noted the following: . In the Negative Declaration on page 7, Discretionary Actions, second bullet. "Amendment to Chula Vista Municipal Code, Chapter 5.44.101, for allowance of vehicles with internal combustion engines." This amendment will be required in order to implement the proposed project. DRAFT DRAFT Ree Minutes - 8 - Mav 7, 2007 . On page 17, 5th paragraph, "There is an existing earthen berm along the southern edge..." Could you explain that in a little more detail? . Page 20, cultural and paleontological resources are identified. There has only been a cultural resource study done. Nothing has been done on paleontological. To identify paleontological on page 20 and again on page 4 of the checklist is not correct. The impact to paleontological to less than significant is not true because there are no impacts. Staff, consultants and the applicant responded to the Commissioners questions and concerns. Staff will make noted corrections to the Mitigated Negative Declaration. MSC (Stillman/Gilgun) that the Mitigated Negative Declaration be found insufficient. Vote: (4-2-0-0) with Reid and Jasek opposed and Mosolgo recused. Commissioner Stillman felt that the mitigation studies are not sufficient for me to make a decision about the real impacts. Ms Acerro made a point about where the noise monitors are being made. She didn't think the mitigation to a threshold is the point. She thought we needed to eliminate negative impacts in a preservation area. We should be going forward and eliminating impacts in this very special urban greenbelt. Commissioner Gilgun did not think that the mitigations are adequate especially about the noise threshold because of where the measure was taken and the ambient noise. To use that as a guide is a deficiency. The thresholds may be fine for an urban area. Commissioner Macias thought the noise estimation is not accurate. Monitoring from the top of the quarry is not the actual area where the race is going to be. They are just too close to the preserve. He loves development. He is business minded. But something like this, they should keep the area the way it is now. Commissioner Davis stated that the preserve is an issue for him. We need to find something in a different way than they propose today. You only get one chance to cut a diamond, and he is for keeping it the way it was and the way it is. Vice-Chair Jasek stated that this is something that he personally does not believe in, but our job is not to bring our personal emotions to the table. Our job is to determine whether the City has done their job. The City has done their job in looking into and mitigating the problems that are going to be created with this. It's hard to look at that area and isolate one specific event and say that that one specific event is going to have a detrimental effect on the preserve. This alone is not a detriment to the preserve. Commissioner Mosolgo returned to the meeting. DRAFT DRAFT RCC Minutes - 9- Mav 7, 2007 ENVIRONMENTAL PROJECTS MANAGER COMMENTS Ms. Lundstedt reported the following: . The Commission was emailed the website link to the "Assessment of Civic Engagement in Chula Vista". It is going to the City Council for consideration on May 15th . On May 16th, the Planning Commission is going to have a workshop. It will be on processing procedures the City undertakes including overviews of the Brown Act, charter, noticing, legal requirements, and the CEQA process. Planning staff is going to give the presentation. . The Boards and Commissions recognition event (this is not the Beautification Awards) is going to be Monday, June 18th, at 6:00 p.m. in the Montevalle Recreation Center. Invitations will formally go out the last week of May. CHAIR COMMENTS: Chair Reid wanted to remind everyone of the June 6th combined meeting with the City Council, Planning Commission, Design Review Committee, RAC, GMOC, etc. regarding the infrastructure presentation. COMMISSIONER COMMENTS Commissioner Gilgun handed out a brochure entitled "Working Today For a Walkable Tomorrow" from Walk San Diego. Commissioner Gilgun stated that she and Commissioner Mosolgo went to a briefing by City staff regarding redevelopment planning. 4. Redevelopment Advisory Committee (RAC) Update Commissioner Gilgun reported that the two main projects were the KOA campground redevelopment and the Bay Vista residential development off of Palomar. The majority of the meeting was public comment on the Riverwalk (aka KOA) planned community. She highly encouraged the Commissioners to read as much information as they can about that project because she is their representative on the RAC and would appreciate any input that the RCC has. What was interesting is that it seemed to be one of the first RAC meetings that really did what it was supposed to do as far as giving the public a forum. Riverwalk is a project that RCC needs to look real closely at, just like the off-road racing. At issue is taking an area that has been zoned as open space in the General Plan Update for most of the property and putting in high-density residential near a residential area. One of the key issues is that the only entrance into the project would be off of Second Avenue. ADJOURNMENT: Chair Reid adjourned the meeting at 7:00 p.m. to a regular meeting on Monday, May 21, 2007, at 4:30 p.m. in the Ken Lee Building Conference Room, 430 "F" Street, Chula Vista, CA 91910. Prepared by: DRAFT Ree Minutes Linda Bond Recording Secretary (J :IPlanningIRCC\2006IRCC050707Mins) DRAFT - 10 - Mav 7.2007 DRAFT ACTION AGENDA Resource Conservation Commission Chula Vista, California Monday, May 7, 2007 4:31 p.m. Ken Lee Building Conference Room 430 'F' Street CALL MEETING TO ORDER ROLL CALL/MOTION TO EXCUSE: Chair Douglas Reid e, Vice-Chair Stanley Jasek e, Commissioners Georgie Stillman e, Eric Mosolgo e, Lynda Gilgun e, Brett Davis e and Richie Macias, Jr. e APPROVAL OF MINUTES: April 16, 2007 Approved (7-0) ORAL COMMUNICATIONS: None. INFORMATION ITEM 1. Drainage Training No Action Required. NEW BUSINESS 2. IS-06-020 --- Napa Place, 445 First Avenue Approved (7-0) 3. IS-07-030 --- Conditional Use Permit for Temporary Championship Off-Road Race 2007; east of the existing terminus of Main Street, east of Heritage Road MSC (Stillman/Gilgun) that the Mitigated Negative Declaration be found insufficient. Vote: (4-2-0-0) with Reid and Jasek opposed and Mosolgo recused. ENVIRONMENTAL PROJECTS MANAGER COMMENTS CHAIR COMMENTS COMMISSIONER COMMENTS ADJOURNMENT: At 7:00 p.m. to a regular meeting on Monday, May 21, 2007, at 4:30 p.m. in the Ken Lee Building Conference Room, 430 'F' Street, Chula Vista, CA 91910 The Otay River Valley _ A Regional Park Reality Date: May 7, 2007 From: Jim Lovewell, Vice-Chair, Otay Valley Regional Park Citizens Advisory Committee (CAC) Championship Off-Road Race (CORR) 2007 Race Season Subcommittee (Subcommittee) To: John Willett, Chair, Otay Valley Regional Park Citizens Advisory Committee (CAC) Subject: Recommendations to CAC from Subcommittee As you know, the CAC first became aware ofCORR's 2007 Race Season proposal upon receipt ofa letter from the City ofChula Vista's Planning Director's memorandum dated April 19, 2007. This memorandum outlined CORR's proposed activities and the City's Conditional Use Permit (CUP) process. Because of the quick turnaround necessary for City's review/approvals ofCORR's proposal, you convened a special CAC meeting on April 25, to discuss the proposal and the CUP process. The CAC subsequently met at the regularly scheduled meeting on April 26. It was decided at this meeting that more time was needed for the CAC to review all documents related to CORR's proposal, particularly the draft Mitigated Negative Declaration. Expecting this need for more review, you had previously appointed a CAC Subcommittee to study the issues and bring back recommendations to the CAC for a possible vote at the next meeting, which is to occur on May 18. This Subcommittee met on May 4. The following represents the Subcommittee recommendations to the CAC: A fter much discussion and at times serious debate an10ng the members of the Otay Valley Regional Park Citizens Advisory Committee (CAC), the CAC Champion off-Road Races (CORR) Subcommittee, voted on May 4,2007, to recommend to the CAC (at a meeting to be held on May 18,2007) approval for a Conditional Use Permit (CUP) for the temporary Championship Off-Road Races (CORR) 2007 Race Season (June 8-10 and September 29-30, 2007) to be held in the Rock Mountain Quarry area on privately owned land in the Otay River Valley (Valley) with the following comments: I. The applicant should rigorously adhere to all conditions set forth in the final version of the Mitigated Negative Declaration (MND). (The CAC subcommittee was able to review the draft MND dated April 21, 2007) 2. The applicant should provide at its' sole expense impartial monitors that will measure and document the baseline conditions and the actual sound, air and water impacts to the Valley by all aspects of the 2007 Race Season. Further, sound monitoring should also take place at the nearest edge of the property line of private residences south and southwest of the race area. 3. The CAC's "CORR" Subcommittee approval is not to be considered as an endorsement of any future proposal by CORR, whether temporary or permanent. Respectfully, Jim Joueweft Copy to: OVRP CAC "CORR" Sub-Committee Members Resource Conservation Commission Meeting Members, May 7,2007 Chula Vista Planning Department, Jim Sandoval, Ed Batchelder, Rick Rosier, Frank Herrera-A San Diego County Park's Department, Chuck Tucker .. The OT A Y RIvER VALLEY A Regional ParJ..< Reality Y"-:- . Date: May 7, 2007 From: Jim Lovewell, Vice-Chair, OVRP CAC Championship Off-Road Race, Sub-Committee To: John Willett, ChaIT Otay Valley Regional Park (OVRP) Citizens Advisory Committee (CAe) Subject: Mitigated Negative Declaration, "Conditional Use Permit for Temporary Championship Off-Road Races 200T' After much discussion and at times serious debate among the members of the Otay Valley Regional Park Citizens Advisory Committee (CAe), the CAC Champion off-Road Races (COOR) subcommittee, appointed by the CAC Chair, on April 24, 2007, after receipt of a letter from the City ofChula Vista's Planning Director's memorandum dated April 19, 2007 voted on May 4, 2007, to recommend to the CAC (at a meeting to be held on May 18,2807) approval for a Conditional Use Permit (CUP) for the temporary Championship Off-Road Races (COOR) 2007 race season (June 8-10 and September 29-30, 2007) to be held in the Rock Mountain Quarry area on privately owned land in the Otay River Valley (Valley) with the following comments: I. The applicant should rigorously adhere to all conditions set forth in the fInal version of the Mitigated Negative Declaration (MND). (the CAC subcommittee was able to review the draft MND dated April 21, 2007) 2. The applicant should provide at its' sole expense impartial monitors that will measure and document the baseline conditions and the actual sound, air and water impacts to the Otay River Valley by all aspects of the Races. Further, sound monitoring should also take place at the edge of the property line of private residences south and south west of the races area. 3. The CAC's "COOR" subcommittee approval is not to be considered as an endorsement of. any future proposal by COOR, whether temporary or permanent. Respectfully, Jiln ..i!OUEWELL Copy to OVRP CAC "COOR" Sub-Committee Members Resource Conservation Commission Members Chula Vista Planning Department, Jim Sandoval, Ed Batchelder, Rick Rosier, Frank Herrera-A San Diego County Park's Department, Chuck Tucker OT A Y VALLEY RIVER I' ARK "SPECIAL SUBCOMMITTEE CAC I\mETING" "Meeting Notes" b. Karen requested that they have no camping. Karen is concerned about the shuttle trips. Karen requested that they move the camping site to another location. c. Karen is concerned about the noise [or the gnatcatchers. She mentioncd that the males build the nests and start the process. d. Reference is made to the attached list (attachment). 3. Wayne Dickey a. I appose to the June time frame and am ok with a time frame outside o[ the nesting between April and June. b. Wayne identified that one life cycle is concerned about the 4. Don - Jim Baldwin owns the company I work for. It was requested that this temporary event be supported. Jim Baldwin has promised to bring designers to the table when developing. 5. Dr. McCoy a. The program is not consistent with the OVRP and the Management Plan. b. This creates an impacts that goes against the Fish and Wildlife's protection of species. c. March 15 to Sept 15 is required by Fish and Wildlife as a law and should not be allowed d. Direct and indirect impacts need to be taken into consideration. e. The Watershed Management Plan took about 2-years with many jurisdiction signing off on it. It was identified that the intent of the OVRP would be maintained. The Resource Management Plan and the SAMP should all be compliant with the Watershed Management Plan. If so, the plan will preclude this rrom happening. f. The above need to be considered before this item proceeds forward. 6. Two people are not here that are part of the subcommittee. a. Frank 0 (see attached) - Jim summarized as follows: i. No.3 ~ The rock crushing plan is a cover up for future development of a permanent facility. b. Mike Behan (see attached) - Jim sununarized the following: 1. Mike supports this item to proceed forward. 11. Recommends the following: 1. Dust noise 2. Noise 3. Water 4. Test should be done during the event by a neutral 3cd party. The recommendation is as follows without knowing the Resource Agency's position or findings: . Land owns the land . This proposed plan is an entity that someone will be dealing with liS for many more years. . MND actual impacts are not identified. . Impacts should be measured (Noise monitoring, water sampling, dust control...) . Use this as an experiment for the future proposal. 3 of 4 OTAY VALLEY RIVER I'ARK "SPECIAL SUBCOMMITTEE CAC MEETING" "Meeting Notes" Dr. McCoy docs not support the Chairs recommendation becausc it does not go with the OVRP plan. No motOlizcd vehicles are intcndcd to be part of this park. This park is to be sercnity not a place for loud noiscs and piece. It is meant for animals to mib'Tatc. Karen stated that she supports Mike with the idea that there are no trails in this area today. She does not support the time of this event and does not suggest a permanent. Frank read the concept plan and identified that this is private land and that we do not have the right to prevent a private owner from developing a project on his land. The public process will determine what this owner can do with this land. Robin mentioned that this proposed proiect is located within the proposed b011ndaries of the OVRP and the CAC is an advisory bodv for the park and can comment on proposed proiects based on what is written in the approved OVRP Concept Plan. A motion is called to support this temporary event with environmental monitoring: . 5 in favor . 2 opposcd. This will be recommended to the CAe. 40f4 REGIONAL PARK May 3. 2007 Dear Sir/Madam: CHAMPIONSHIP OFF-ROAD RACING PROJECT COMMENTS On April 26, 2007 the Otay Valley Regional Park Policy Committee/Citizens Advisory Committee held its quarterly meeting at the Chula Vista Public Works Building. At this meeting a presentation was given by the City of Chula Vista staff and the project applicant on CORR Off-Road Racing about a conditional use permit for two events. During the meeting the Policy Committee took action to forward the comments made verbally at the meeting by the Policy Committee, Citizens Advisory Committee and the Public in reference to the CORR application to the Resource Conservation Committee, Planning Commission and Chula Vista City Council for consideration. Attached are a summary of the comments. ~S:~-1l~ SABRINA HICKS ( 7 . Administrative Secretary County of San Diego, Department of Parks and Recreation Attachment cc: Supervisor Cox, District 1 Councilman Hueso, City of San Diego Councilman McCann, City of Chula Vista Citizens Advisory Committee Members (JfA\'~ ~ ~ REGIONAL PARK. OTAY VALLEY REGIONAL PARK JOINT POLICY-CITIZENS ADVISORY COMMITTEE MEETING MINUTES April 26, 2007 2:00 P.M. 3. Championship Off-Road Racing (CaRR) Proposal _ · John Willett, CAC Chair - I have fonnulated a subcommittee to evaluate this issue, the chair of this subcommittee is Frank Ohrmund. I've asked Frank to summarize the input at yesterday's CAC meeting on this proposal. · Frank Ohrmund, CAC Vice Chair - I have worked on quarries before and I understand that with this specific quarry there is not a major use permit because the quarry was grandfathered in. It seems to me that we are skipping a few steps in trying to use this active quarry and put a motorcycle track in. I think that there needs to be a reclamation plan for this area. I think that we need to have fair play and if this quarry is to be a benefit to the community it should be perfonning to a level that would provide net benefits the community. The Otay Ranch General Development Plan talks about general permitted uses for the area, and we are supposed to have an 11,325 acre preselVe and 400 acres for active recreation, but nowhere does it talk about a private owner being able to have an active recreation site. It is my understanding that the active recreation areas were to be operated by the Otay Ranch Preserve Owner Manager (POM), and that the POM is supposed to comment on uses in the preselVe. How can the CAC make evaluations if the Preserve Owner Manager is not functioning properly? There will be activity within the OVRP as part of the race track site and the camping area would be completely in the OVRP in an active recreation site. I think that there needs to be a lot more study on this type of use before a site is selected. Do we really want to let this set the standard for the future? I would like to take a straw vote as to who in the CAG supports this project as is? We should take time to look at other locations, and consider moving the camping area to where the parking is. I'm not necessarily against the use in concept, but it needs to be brought back in a larger discussion where the CAC has adequate time. (Note only 1 of 19 CAC members present raised their hand) OVRP PC Meeting Minutes Page 2 April 26, 2007 · Jim Lovewell, CAC Member - I was unable to attend yesterdays meeting, which is unfortunate, but I do think that this activity does deserve to have a site for this event. I think that we need additional information to be able to make an informed decision about this. This request for a temporary use could act as an experiment. I would like to know what comments the wildlife agencies have made on this. I just think that at this time we are not able to make a recommendation as there are just not enough facts to make a decision one way or the other about this project. · Jack Bransford, CAC Member - I share some of Jim's comments. I feel that I would vote for it currently as a temporary activity based on the presentations that staff have made that the appropriate considerations have been made. I do believe that we should've had more time to go over the details of this and I think it is a good example of how we don't want projects to come forward in the future. · Ellen Rawolle, CAC Member - I think that I would vote no at this point because we don't know enough and I don't want to have something permanent like this to end up in the OVRP. · Ruth Schneider, CAC Member - As you know Bob Filner, Pat McCoy and I got together and decided that this area needed to be preserved and we have worked and continued to pursue this park for all the people's benefit. If we wanted something that was for race tracks, camivals and beer can stadiums, we wouldn't have continued our efforts to have a park in the OVRP. Coors has not been an example of a good neighbor. I will protest this to the end and go to Jerry Brown if I have to. This is the beginning of a set-up that they want to have year after year and it will not be just limited to these two weekends and it will become year round. We are a committee that is supposed to review and recommend because it is our area and we are concerned about the wildlife and habitat in the area. We have not had enough time to do this. There has also been no consideration for the residents in the area. I say no, this is something that will take over the area. I was told that many of these quarries were being closed down and that when they closed they should be made into something that can benefit the community. We need to promote park friendly pedestrian type activities and recreation, not the motor kind. I adamantly say no, this is not the place for this event. · Sally Bartlett, CAC Member - To be fair to the CORR organizers I decided to take a survey to help and represent the interests of the citizens of Chula Vista. I talked to 20 different people and got 8-yes, 11-no, 1-undecided. I think that many people are just like me and have some questions and issues, and I would say no at this time Some of the questions are - what will the real impact be, what's the benefit or not, what can be done to lessen the noise (last time it could be heard in Del Rey canyon), will the tickets be reasonably priced" and in the future will there only be races or other uses? · Mike McCoy, CAC Member - I just wanted to comment that we have to look at the OVRP plan, Specific Area Management Plan, and watershed plan before we move forward with any of this. This is right next to the MSCP and if you want to make a sham of the MSCP and these other plans you would put something like this in this area. I think that there are better places to have this type of activity, and this is being shoved down our throats OVRP PC Meeting Minutes Page 3 April 26, 2007 · Michael Dedina, Public - We are in a war and when we are using gasoline we are funding the war making activities of our enemies. This race track will promote the use of gasoline, therefore indirectly supporting our enemy. · Georgie Stillman, Public - I am also a member of Chula Vista's Resource Conservation Commission and I have two questions - how often are the current easement roads used, the one that will be used to access the camping area as well as the two shuttle roads from the parking and camping areas to the race track? How disturbed are these areas today? · Kevin O'Neill, CAC Member - Recreation means different things to different people and we are talking about a two race series that would give us the opportunity to see how this would affect the area. I think that we should work with them and I think that it is a good idea that would not have long term impacts. I think that there should be an off-road facility in the county so that we can get many of the off-roaders out of the preserves. I think that we should move forward with this. · Theresa Acerro, Public - comments on the notice for environmental preparation were due on 4/19 and the draft MND went out on 4/20? That's absurd. I think that things are being rushed and I have a big concern about why the camping area is proposed in the MSCP · Jo Hanlon, Public -I agree that we absolutely need somewhere for off-roading to keep them out of our preserves and I think it would be wonderful to get a camping area somewhere for the future. I do think the location is atrocious. I agree with the comments on the maintenance roads and the usage levels. · Supervisor Cox - Referencing Frank Ohrmund's comment about the fact that 11,375 acres were allotted for the OVRP and that there was 400 acres allotted for active recreation- that is now somewhat smaller perhaps 250 acres due to MSCP refinements. it will be my suggestion that these minutes are forwarded to Chula Vista's Resource Conservation Commission, Planning Commission and City Council to assist them with their review. All of the property is currently in private ownership and as I understand the camping area is currently slated as an active recreation site In the MSCP. I don't understand why the camping area has not been suggested near the parking area or at the amphitheater or water park. I'm also irritated on the short time frame. I do believe that we need a place where we can have off-road activity or we will continue to have the current problems that we have. · Councilman Hueso - I concur and I think that we heard some excellent comments today and I would like to request to get a copy of the environmental document J would like to see if it adequately covers the issues. I'm also not ready to vote on anything. MOTION TO FORWARD THE COMMENTS MADE BY THE PC, CAC AND PUBliC IN REFERENCE TO THE CORR APPliCATION AT THIS MEETING TO THE RESOURCE CONSERVATION COMMITTEE, PlANNING COMMISSION, AND CHULA VISTA CITY COUNCIL FOR THEIR REVIEW _ Councilman Hueso, 2"" Councilman McCann ALL IN FAVOR - 3-0-0 OVRP PC Meeting Minutes Page 4 April 26, 2007 · Councilman McCann - I think that the timing is difficult for everyone and appreciate all of the comments made today. If anyone would like to talk with me I can be reached at (619) 691-5044 or jmccann@chula-vista.ca.us · The conditional use permit process meetings are as follows: The Resource Conservation Commission on May 21 at 4:30 pm at the Ken Lee Building at the Chula Vista Civic Center (there is a possibility that the RCC meeting may be moved up to May 7 to ensure time to make it to the Planning Commission meeting), Planning Commission May 23 at 6:00 pm at the City Council chambers and the Chula Vista City Council on June 5 at 4:00 pm also at the City Council chambers. Chula Vista will contact members to confirm if the RCC date is moved to May 7. OT A Y VALLEY RIVER PARK "SPECIAL SUBCOMMITTEE CAC MEETING" "Meeting Notes" Date: Friday April 25, 2007 Attendees: . See sign in sheet Copies of Joint Staff Attendees: . Steve Ron . Bill Saumier . Chuck Tucker . John Barone . Frank Herrera . Robin Shifflet Special Guest: . Casey Trumbo rrom County of San Diego Resource Development INTRODUCTION Jim Lovewell clarified that this meeting is for two agendas the Mace Street, Beyer Way Regional Staging areas, and CORR Racing subject. MACE STREET / BEYER WAY REGIONAL STAGING AREAS . Bill Saumier identified the handouts starting with the location of each staging area then moving onto the presenting the Order of Magnitude estimate that is provided as a courtesy and not to be used as a high or low value. o Beyer Way South Regional Staging Area . Design, Environmental & Construction = $9.6 million . 3 to 5-112 years to construct with funding o Funding Allocated $200,000 o Mace Street . Design, Environmental & Construction = $1.1 million . 2 to 3 years to construct with funding . Jim Lovewell stated the two options: rccommends: o Provide equestrian parking at Mace Street Staging Area that will give the equestrians a staging area sooner then Bever Wav and the cost will be less expensive. o OR Continue with the design of Bever Wav South Regional Staging Area o Is there anv downside and what do subcommittee members think? . John Willet identified that the sewer linc under the Mace Strcet that mav be a conflict and nceds to be considered in thc dcsih'1l. .~.steve-R{}n ideutified-that-iHs-the-.int_t-tIK-on"tr-Hct trails-before the sta!:iu!: areas. lof4 OTAY VALLEY RIVER PARK "SI'ECIAL SUBCOMMITTEE CAC MEETING" "Meeting Notcs" . .Jack Bransford - How true are the cost estimates and timeframes for the two locations? What do the Equestrian Users want? . ,Jim Lovewell said that he understood [rom Mark Kukuchek that getting cquestrian parking at Mace Street would be preferrcd at this time because of the cost and time frame for the Regional Staging Area. . .Jim Lovewell said the Subcommittee should make a motion and take the motion to the CAC and then the PC for approval of how to spend the money. . .Jack Bransford - made a motion to move the $200,000, which was given by Cox for the Regional Staging Area, to the design and construction of Mace Street Staging Area in order to providc equestrian parking. o 7 in favor of the motion. o 0 obiections . .Jack Bransford - stated that the Bever Wav South Regional Staging Area should still be built in the future when there is funding to complete the proiect. . Robin Shifflet - stated that the equestrian design at Mace Street would need input rrom the equestrian users and that the amenities should be prioritized in order of preference so that due to budget the highest prioritv items would be included in the base bid. PART 2 OF THIS MEETING Meeting started at 3:10 PM CHAMPIONSHIP OFF-ROAD RACES CORR RACING Jim started reminding the group that we represcnt the members of the OVRP when commenting on this item and asked that we put our personal . Draft Mitigated Negative Declaration is up for discussion. o No resource agency comments at this time. o Reference was made to the James Sandoval letter dated April 19, 2007. o Jim Baldwin is the owner of the land. o Grading is already taking place on the site. o May 20th is the last day of the review period for the Resourcc Agency. . Page 12 of the MND is in error with the date reading April 21, 2007 instead of April 19,2007 as currently read. . The Chair of the CAC, John Willet will check with the PC to sce how the Supervisor wants to handle a reporting of the upcoming CAC position on this issue. o Conunents from this meeting will need to be forwarded to Harold Phelps to bring forward to the City o[Chula Vista Planning Commission's meeting. Items that arc concerns or issues that might intcrface with the OVRP. The open comments were requested: I. .Jack is fine with suppo11ing this group 2. Karen is fine with supporting this event with prohibiting pets to the event. a. Pircworks were identified ancl it was noted that 2 of 4 TO: THE CHULA VISTA RESOURCE CONSERVATION COMMISSION, THE CHULA VISTA PLANNING COMMISSION, THE CHULA VISTA MAYOR AND CITY COUNCIL FROM: PATRICIA AND MICHAEL MCCOY RE: IS-07-030 --- Conditional Use Permit for Temporary Championship Off-Road Race 2007; east of the existing terminus of Main Street, east of Heritage Road Patricia and Mike McCoy have been involved with the Citizens Advisory Committee for OVRP over the past 19 years. Patricia was appointed in 1988 and served until 1998 then resigned when she was elected to the Imperial Beach City Council. Mike was appointed to fill Patricia's seat after her resignation. In 1978 we started working with the US Fish and Wildlife Service to acquire South San Diego Bay as a National Wildlife Refuge. The refuge was established in June of 1999. In 1979 the Southwest Wetlands Interpretive Association (SWIA) was founded and established as a cooperating association with the California Department of Parks and Recreation. SWIA and the California Coastal Conservancy acquired the Egger/Ghio property which was transferred to the USFWS, the County of San Diego, the City of San Diego and Swiss Park. Thc property was incorporated into the San Diego Bay National Wildlife Refuge and thc Otay Valley Regional Park west of Interstate 5. In addition to serving on the CAC for OVRP Mike served on the advisory committee that fonnulated the Otay Watershed Management Plan. It has been our intention to utilize this greenbelt land as a wildlife conidor enabling species to move freely from the bay area along the riparian lands east to the Otay Mountains. The park was also established to fulfill the need for passive recreational opportunities enabling people to get away from the hassle, noise and stress of everyday life in an urban area. Selectcd active recreational sites are also available for soccer and basehall fields. There has never been any consideration given to Off Road Vehicle (ORV) use along this park corridor. This is inconsistcnt with the park mission and vision, the Multiple Species Conscrvation Program (MSCP), and the Otay River Watershed Management Plan. Thc Spccitic Area Managcment Plan (SAMP) has not bcen complcted yct but aetivitics like ORV usc would not be consistent with the SAMP. The biological, hydrological and human impacts in addition to disruption o[ soils, noise and lighting create an untenable situatioll. W c arc concerned that this event could set a precedent allowing other inconsistent activities within and adjacent to the OVRP. We are extremely conccrned that OR V facilities might be incorporated permanently into the park plan. The proposed event directly impacts MSCP lands. It is interesting to note that if a biological restoration project is undertaken in or around endangered species habitat it can take six months or longer to receive the agency permits and complete the studies necessary to begin the project. In addition, work could not be undertaken between March 15 and September 15 to protect against encroachment on nesting birds like the California Gnateatcher or the Least Bells Vireo. In this case it would denigrate these rulings if such an invasive and destructive event were allowed to proceed. We think there are better alternatives. There are designated areas for events like this in San Diego County like the Ocotillo Wells site. This is an appropriate area for such an event. We strongly oppose utilizing the proposed quarry site. F;ank Ohrmund, 5/3/07 3:59 PM -0700, Re: CORR CAC Subcommittee Meeting Frida 1 From: "Frank Ohrrmmd" <frank@otayrealestate.com> To: "'John Willett'" <jawillett@cox.net>, <ebatchelder@ci.chula-vista.ca.us> Cc: "Jim Lovewell" <jlovewell@earthlink.net>, "'Dena & Jack'" <denajack@cox.net> Subject: FE: CORR CAC Subcommittee Meeting Friday, April 6 Date: Thu, 3 May 2007 15:59:10 -0700 Thread- Index: AceNBkrx06Py45dESPul IeEBWzbqgAxCml Q John/Ed, Here are a few main points that of serious concern. 1. We have no declaration fram the POM (Preserve Owner/Manager) for Otay Ranch on what their rec01Tlm2.ndation is for CORR' s proposal, and what its affect on the Preserve land, they manage, would be. This is for the unauthorized use of land at the south end of the Quarry that is south of the Quarry property line and the proposed Camping site. The camping site is talked about in the Otay Ranch General Plan, Resource Management Plan 1 & 2 as being suitable for "active recreation" within the Preserve. This use would only be allowed to be converted fram its current use after its dedication into the Preserve. At that ti..Ire the p(M would oversee, with the JEPA, what active recreational uses could be developed by the park or a private enterprise. This can only happen after its dedication to the Preserve. Until the property is dedicated into the Preserve, language in otay Ranch's own, self-imposed, planning document states that only existing farming can continue as a use in the Preserve. 2. The Chula Vista's MSCP calls for the "camping site" as a "planned .Active Recreation Area - SUbject to RMP Policies and OVRP Planning". This same area is identified as a "Park Study Area" and that is because Figure 3-3 in the MSCP has determined that there is Tier I, II and III habitat to be impacted by development. Driving and clearing this land hap-hazardly most likely increase non-native plants in this area without a better plan. This would only matter if they scmehOW" can support skipping #1 above. 3. The owner's of the Property have not shown that what they are planning is a net benefit to the community. They have essentially stopped quarry operations, which has increase material costs in the South Bay by 10-15t. Material for concretel road base, and asphalt now needs to be trucked fram north Lakeside. By closing the Quarry or operating it at a small fraction of its capacity is costing the community millions in trucking costs. The use would only be for a handful of millionaire racers and their sponsors. The public will not be able to use the facility. No local racera came to support this use at the public meetings. This is a playground for millionaires period. No contribution to the park has been offered. 4. This CUP is just a placemat that would allow them to process the "real" project later. Which now have achnitted that they will soon do. Why let them do this with little review, when all the planning docum=nts call for more study and involvement with the POM and O\TRP JEPA. The owner's of the Property, CORR and Otay Ranch Corrpany have plenty of land available for this facility and/or can hold the races at one of their other tracks this year. Their land in otay Ranch has held this race before and I am sure they can do it again. This land is farmland away from the Preserve and it would be a better option to give them premission to grade this area while we process any application for a permanent use at the Quarry Property. This way all those responsible can properly review and corrment on their project. This project should be completely outside the Preserve. 5. No changes to a quarry operation can be made without modifying the Major Use Permit and/or completing the Reclamation Plan. Since there is no Major Use Permit, and we are changing the use, the City should now require the quarry to be permitted under a use permit. Or they can close the quarry, Printed for John \rVHlett <jawiUett@coXaiiet> . 1 Frank Ohrmund, 5/3/07 3:59 PM -0700, Re: CORR CAC Subcommittee Meeting Frida 2 complete the Reclamation plan work and then process their Conditional Use Permit. At the very least, they need to deal with the Reclamation Plan before changing or modifying the use. City Staff stated that the Reclamation plan allows for dirt to be moved and that is their justification for allowing them to If()ve it into the condition of a racing track. This is just bad logic and can't be defended by any sane person. The State Office of Mine Reclamation will have something to say about that reasoning. Enough said, Frank Ohrrmmd Broker/Owner Otay Real Estate 2433 Fenton Street, Suite A Chula Vista, CA 91914 619-397-5300 voice 619-397-5370 fax -----Original Message----- Fram: John Willett fmailto:iawillett@cax.net] Sent: Wednesday, May 02, 2007 3:20 PM To: michele x Cc: Jim Lovewell; Dena & Jack; Frank Ohrmund Subject: Re: CORR CAC Subcommittee Meeting Friday, April 6 Michele Thanks for the effort you put into the drafting of your carrnents, as they are along my lines of thoughts also. To date the City of Chula Vista has not received various agencies written response's. If I do receive copies of the agencies comments I will forward copy to you and Jim. Related subject, the COOR's suject will be an action item at regular CAC Meeting on May 18th at 2:00 p.rn.Chuck Tucker, Counties OVRP Staff called me about an hour ago and wanted my recamendation, I said yes make it an action item as we had it as an information at the last CAC Meeting before the PC and then an "information formation at the PC meeting so the requirements have been met already and will discuss the same this Friday. Have a good vacation John W... No virus found in this inccming message. Checked by AVG Free Edition. Version: 7.5.467 / virus Database: 269.6.2/784 - Release Date: 5/1/20072:57 PM No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.5.467 / Virus Database: 269.6.2/787 - Release Date: 5/3/2007 2:11 PM Printed for John Willett <jawillett@cox.net> 2 Page 1 of2 Harold Phelps From: Harold Phelps Sent: Tuesday, May 15, 2007 9: 11 AM To: Harold Phelps Subject: Comments from Frank Ohrmund on CaRR CUP Importance: High -----Original Message----- From: Frank Ohrmund [mailto:frank@otayrealestate.com] Sent: Wednesday, May 09, 2007 10:09 AM To: Marisa Lundstedt; Glen Laube Subject: FW: Resource Conserv. Commission meeting last night. Marisa/Glen, My modified comments are below. o Frank Ohrmund Broker/Owner Otay Real Estate 2433 Fenton Street, Suite A Chula Vista, CA 91914 619-397 -5300 voice 619-397 -5370 fax 858-945-4974 cell From: Frank Ohrmund [mailto:frank@otayrealestate.com] Sent: Wednesday, May 09, 2007 9:31 AM To: 'Marisa Lundstedt' Subject: FW: Resource Conserv. Commission meeting last night. Marisa, Your request to identify deficient items in the environmental document supporting a Mitigated Negative Declaration should include the following. Please pass this on as my objections to the environmental document. 1. Glen explained the true extent of the study and its relevance for a temporary use. 2. After quick archeological review, the camping site was now reduced to half its size. If this is enough land, still, then why was the entire area desired in the first place. Based on typical processes for consultants to complete their work, this process for them and staff and the public to review each environmental issue is not adequate. Consultant's work must have been rushed and appears to be incomplete when compared to typical reports for similar projects. Not enough mention of alternatives have been made. The campground should have been moved to the parking area and should have been studied as an alternative. With such a quick review and study by the consultants, with current modification still being made, this environmental document supporting the mitigated negative declaration was completed in haste and more time should be allowed for alternatives to be developed. 3. No typical delays are being made for breeding season. The, truly, higher noise than quarry operations is an un- mitigated impact whether or not its breeding season. 4. No plan has been made to limit the non-native plants from dorninating the camping site area after the current grasses are trampled down to a bare dirt lot. These non-native plants will re-establish themselves quicker than native plants and will then disperse their seeds. A plan to spray or weed these plants needs to be completed for 05/15/2007 Page 2 of2 next winter's growing season. The following are comments on the project as a whole that question staffs authority to support this project based on planning documents approved by the developer. I think a legal opinion needs to be made on the conversion of any use within the Preserve prior to dedication to the Preserve Owner/Manger or City of Chula Vista. 1. We have no declaration from the POM (Preserve Owner/Manager) for Otay Ranch on what their recommendation is for CORR's proposal, and what its affect on the Preserve land, they manage, would be. This is for the unauthorized use of land at the south end of the Quarry that is south of the Quarry property line (in the MSCP) and the proposed Camping site. The camping site is talked about in the Otay Ranch General Plan, Resource Management Plan 1 &2 as being suitable for "active recreation" within the Preserve. This use would only be allowed to be converted from its current use after its dedication into the Preserve. At that time, the POM would oversee, with the JEPA, what active recreational uses could be developed by the park or a private enterprise. This can only happen after its dedication to the Preserve. Until the property is dedicated into the Preserve, language in Otay Ranch's own, self-imposed, planning document states that only existing farming can continue as a use in the Preserve. We need a legal opinion to dQteIII11neif the Otay Rancl1PlannJog ctOCUI11Qots preclygetl1is_ change in use prior to its dQdication to the City Preserve, 2. The Chula Vista's MSCP calls for the "camping site" as a "Planned Active Recreation Area - Subject to RMP Policies and OVRP Planning". This same area is identified as a "Park Study Area" and that is because Figure 3-3 in the MSCP has determined that there is Tier I, II and III habitat to be impacted by development. Driving on and clearing this land hap-hazardly will most likely increase non-native plants in this area without a better plan. This would only matter if they somehow can support skipping #1 above. 3. The owner's of the Property have not shown that what they are planning is a net benefit to the community. They have essentially stopped quarry operations, which has increase material costs in the South Bay by 10-15%. Material for concrete, road base, and asphalt now needs to be trucked from north Lakeside. By closing the Quarry or operating it at a small fraction of its capacity is costing the community millions in trucking costs. The use would only be for a handful of millionaire racers and their sponsors. The public will not be able to use the facility. No local racers came to support this use at the public meetings. This is a playground for the elite period. No contribution to the park has been offered. No net benefit has been supported. > > 4. This CUP is just a placemat that would allow them to process the "real" project later. Which now have admitted that they will soon do. Why let them do this with little review, when all the planning documents call for more study and involvement with the POM and OVRP JEPA. The owner's of the Property, CORR and Otay Ranch Company have plenty of land available for this facility and/or can hold the races at one of their other tracks this year. Their land in Otay Ranch has held this race before and I am sure they can do it again. This land is farmland away from the Preserve and it would be a better option to give them permission to grade this area while we process any application for a permanent use at the Quarry Property. This way all those responsible can properly review and comment on their project. This project should be completely outside the Preserve. 5. No changes to a quarry operation can be made without modifying the Major Use Permit and/or completing the Reclamation Plan. Since there is no Major Use Permit, and we are changing the use, the City should now require the quarry to be permitted under a use permit. Or they can close the quarry, complete the Reclamation Plan work and then process their Conditional Use Permit. At the very least, they need to deal with the Reclamation Plan before changing or modifying the use. City Staff stated that the Reclamation Plan allows for dirt to be moved and that is their justification for allowing them to move it into the form of a racing track. This is just bad logic and can't be defended by any sane person. This project needed a grading permit. The State Office of Mine Reclamation will have something to say about that reasoning. Respectfully submitted, Frank Ohrmund, Secretary Friends of Otay Valley Regional Park 05/15/2007 FW: RE: CORR CAC Subcommittee Meeting Friday, April 6 Page I of2 Harold Phelps From: Sent: To: Harold Phelps Tuesday, May 15, 2007 2:51 PM Glen Laube Cc: Rick Rosaler Subject: FW: RE: CORR CAC Subcommittee Meeting Friday, April 6 FYI -----Original Message----- From: Office Of McCann On Behalf Of John McCann Sent: Tuesday, May 15, 2007 2:27 PM To: Harold Phelps Cc: Rick Rosaler Subject: FW: RE: CORR CAC Subcommittee Meeting Friday, April 6 Hello Harold I was informed that you are the person receiving all the CORR's comments, which is why I am emailing them to you. Thank you Zaira Roa From: Frank Ohrmund [mailto:frank@otayrealestate.com] Sent: Tuesday, May 08, 2007 10:42 AM To: John McCann Subject: FW: RE: CORR CAC Subcommittee Meeting Friday, April 6 > > > John, > Here are a few main points that of serious concern. I. We have no declaration from the POM (Preserve Owner/Manager) for Otay Ranch on what their recommendation is for CORR's proposal, and what its affect on the Preserve land, they manage, would be. This is for the unauthorized use ofland at the south end of the Quarry that is south of the Quarry property line and the proposed Camping site. The camping site is talked about in the Otay Ranch General Plan, Resource Management Plan I &2 as being suitable for "active recreation" within the Preserve. This use would only be allowed to be converted from its current use after its dedication into the Preserve. At that time the POM would oversee, with the JEPA, what active recreational uses could be developed by the park or a private enterprise. This can only happen after its dedication to the Preserve. Until the property is dedicated into the Preserve, language in Gtay Ranch's own, self-imposed, planning document states that only existing fanning can continue as a use in the Preserve. We need a legal opinion to determine if the Gtay Ranch Planning documents preclude this change in use prior to 05/16/2007 FW: RE: CORR CAC Subcommittee Meeting Friday, April 6 Page 2 of2 2. The Chula Vista's MSCP calls for the "camping site" as a "Planned Active Recreation Area - Subject to RMP Policies and OVRP Planning". This same area is identified as a "Park Study Area" and that is because Figure 3-3 in the MSCP has determined that there is Tier!, II and III habitat to be impacted by development. Driving on and clearing this land hap-hazardly will most likely increase non-native plants in this area without a better plan. This would only matter if they somehow can support skipping #1 above. 3. The owner's of the Property have not shown that what they are planning is a net benefit to the community. They have essentially stopped quarry operations, which has increase material costs in the South Bay by 10-15%. Material for concrete, road base, and asphalt now needs to be trucked from north Lakeside. By closing the Quarry or operating it at a small fraction of its capacity is costing the community millions in trucking costs. The use would only be for a handful of millionaire racers and their sponsors. The public will not be able to use the facility. No local racers came to support this use at the public meetings. This is a playground for millionaires period. No contribution to the park has been offered. > > 4. This CUP is just a placemat that would allow them to process the "real" project later. Which now have admitted that they will soon do. Why let them do this with little review, when all the planning documents call for more study and involvement with the POM and OVRP JEPA. The owner's of the Property, CORR and Otay Ranch Company have plenty of land available for this facility and/or can hold the races at one of their other tracks this year. Their land in Otay Ranch has held this race before and I am sure they can do it again. This land is farmland away from the Preserve and it would be a better option to give them premiss ion to grade this area while we process any application for a permanent use at the Quarry Property. This way all those responsible can properly review and comment on their project. This project should be completely outside the Preserve. 5. No changes to a quarry operation can be made without modifying the Major Use Penn it and/or completing the Reclamation Plan. Since there is no Major Use Penn it, and we are changing the use, the City should now require the quarry to be permitted under a use penn it. Or they can close the quarry, complete the Reclamation Plan work and then process their Conditional Use Permit. At the very least, they need to deal with the Reclamation Plan before changing or modifying the use. City Staff stated that the Reclamation Plan allows for dirt to be moved and that is their justification for allowing them to move it into the fon11 of a racing track. This is just bad logic and can't be defended by any sane person. This project needed a grading pennit. The State Office of Mine Reclamation will have something to say about that reasoning. Respectfully subm itted, Frank Ohnnund No virus found in this outgoing message. Checked by A VG Free Edition. Version: 7.5.467/ Virus Database: 269.6.5/793 - Release Date: 5/7/2007 2:55 PM 05116/2007 Karen Smith - comments & Questions on CORR MND. 5-4-07 150 campsites about 7400 parking spaces expecting 10K people per day All will be shuttled from parking or camp to race area, how many shuttle trips? what fuel do shuttles use? what kind of shuttle vehicles? All traffic limited to 15 mph, Even shuttle? p, 7 states that there was a previous unauthorized disturbance of the preserve area by the quarry operator and implies that therefore it is OK to use this disturbed preserve land for the race. Reclamation plan says restoration will occur in 25 years! MND keeps says that all of this is temporary. Will their next MND then say we did it before so therefore it is OK? p, 20 suggests that gnatcatchers have become accustomed to noise because of quarry ops, However, I don't hear the quarry from my house and I know I will hear the race, MND says noise for two days during nesting season. But what about practice days? prohibit pets can we ask that they prohibit the camp or move it to parking area? Why ask for fireworks when all activity is scheduled to end by 7 PM and it is not dark then? Off-road riding and racing is very popular in San Diego, The area needs facilities for the legal pursuit of these activities. What about using an existing facility such as Qualcomm Stadium? I once saw off-road motorcycles race at Anaheim Stadium, where huge amounts of dirt were trucked in and an entire course built and then taken down. Page 1 of3 Harold Phelps From: Harold Phelps Sent: Tuesday, May 15, 20072:50 PM To: Glen Laube Cc: Rick Rosaler Subject: FW: Comments on EIR for CORR Event form Mike Behan FYI -----Original Message----- From: Office Of McCann On Behalf Of John McCann Sent: Tuesday, May 15, 2007 2:24 PM To: Harold Phelps Cc: Rick Rosaler Subject: FW: Comments on ErR for CORR Event form Mike Behan From: michele x [mailto:mibmjb@yahoo.com] Sent: Tuesday, May 08,200712:18 PM To: John McCann Subject: Comments on ErR for CORR Event form Mike Behan Date: Mon, 7 May 200712:41:29 -0700 (PDT) From: mibmjb@yahoo.eom> Subject: Comments on EIR for CORR Event form Mike Behan To: jmecann@chulavistaea.gov Chula Vista Council Member John McCann: Please find attached to this e-mail my comments to the EIR for the Championship Off- road Racing event as I presented them to the OVRP, CAC via e-mail May 1,2007. They do not necessarily represent wbat the Citizen Advisory Committee for OYRP is phm!ling to recommend. They are my personal observations after carefully studying the Mitigated Negative Declaration. As your representative to the CAC I wanted you to be aware of what I had sent to them. I'd be please to discuss this with you further should you have any questions. Mike Behan NOTE: The following is the original string of e-mails starting with my e-mail to those tasked with studying the Mitigated Negative Declaration. The attached WORD Doc contains my response to the document itself, Date: Tue, I May 2007 19:58:42 -0700 (PDT) From: mibmjb@yahoo,com> Subject: CORR CAC Subcommittees - This Friday, April 6 To: Dena & Jack <denajack@cox.net>,jlovewell@earthlink.net, 05/16/2007 Page 2 of3 "Dr. Mike McCoy" <mccoy4ib@aol.com>, jearroll <jcarroll@mcmillinrealty.com>, Karen Smith <karenvsmith@sbcglobal.net>, Kevin O'Neill <mkoeci@cox.net>, Mark Kukuchek <mkukuche@nassco.com>, sunnyshy <sunnyshy@pacbell.net>, Wayne Dickey <diekeyl@cox.net>, Gary McCall Gary.MeCall@Hanson.biz CC: John Willett <jawillett@cox.net>, Bill Saumier <BiII.Saumier@sdcounty.ea.gov>, fherrera-a <fherrera-a@ei.chula-vista.ca.us>, rshifflet <rshifflet@sandiego.gov> Hi Sub Committee Members, I'll be out of town for the next week, spending time at and around Yosemite National Park. That being so, I want to pass my comments along to you regarding the Mitigated Negative Dec. for the CORR Event. I understand that my comments are not naturally along the same lines that some of you expressed at meetings last week. I want you to know why I see things the way I do in this regard. The attached comments are based on personal experiences as a retired Park and Recreation professional with more than 34 years in the field, trying to balance and define the greater public good versus negative impacts that special events can bring to a community. In my last position with the City of San Diego I was responsible for the City's Regional Parks: Balboa Park, Mission Bay Park, all of San Diego's beaches, Presidio Park and thousands of acres of undeveloped park land and Open Space. So. . . please accept them and submit them as part of the sub-eomittee/CAC process. Mike Behan Ahhh...imagining that irresistible "new car" smell? Check out new cars at Yahoo! Autos. ored stiff? Loosen up... own load and play hundreds of games for free on Yahoo! Games. hhh...imagining that irresistible "new car" smell? heck out new cars at Yahoo! Autos. ...........-.............".........-......--..--......,............-...--. ..................."...- .-. .......................--..........................-.................................".............................--,.--...-. ueker-punch spam with award-winning protection. ry the free Yahoo! Mail Beta. t's here! Your new message! 05/16/2007 Date: May I, 2007 To: OVRP Citizen Advisory Committee via the Established Sub -committee From: Michael Behan, Committee Member rep. City of Chula Vista Subject: Review of the Mitigated Negative Declaration for Championship Off-road Racing I've read the Mitigated Negative Declaration document and find myself, for the most part, in favor of the Championship Off-road Racing event taking place. As a retired Recreation professional (34 years in the field) I believe that this event is consistent with providing recreational seryice to support the greater public good. The event, as stated, is proposed for four days with a planned attendance of 10,000 each day. Simple math tells me that approximately 40,000 people will visit the site allowing, what must be considered, one of the larger recreational opportunities to take place in Chula Vista this calendar year. The fact that the event is commercial and admission is charged has no bearing on the potential for the average citizen to enjoy attending. One has only to look a few hundred yards from this proposed CORR venue to find Knott's Soak City and the Coor's Amphitheater, both providing needed and sought out recreational opportunities. I don't find allowing the CORR's temporary 4-day event to be onerous and of great impact to the trail users in the area. The walkers and riders wi]] still have 361 days in the year to enjoy the peace and solitude that can be found adjacent to a working stone quarry. The document on page 9 of 36, section E. Compliance with Zoning and Plans states: "Because the use is temporary and subject to a Conditional Use Permit, a consistency determination relative to General Plan land use designations is not applicable." This statement alone seems to render most of the arguments I heard expressed last week at the Citizen Advisory Committee and Policy Committee moot, especially when one considers the fact that the proposed venue is on privately held land with high levels of mitigation proposed. Protection of the Otay Valley Regional Park's environment from any mistreatment from outside impacts is of primary concern. At this time, however, there is no empirical data, no proof, to substantiate any allegations that this specific event will negatively impact the park's environment or surrounding neighborhoods. Although, minus the data, one can certainly surmise some of the potentials impact to the area: I) Air Quality, 2) Sound Pollution 3) Hydrology and Water Quality, 4)Drainage/Toxics, etc. I believe that the document appears to respond to each of these issues with viable answers on surmised Issues. I strongly suggest that before the event is permitted the applicant provide a plan to document the impacts of the temporary event on the surrounding environment and community. The plan Sh011ld incI11de b11t not be limited to: . Sound checks measuring db's in the communities on the south rim during the race event. . Air quality checks measuring particulate matter during and immediately after each race. . Base level samples of the rivers prior to the first race day and immediately following the final day of racing for any heavy metal or petroleum based impacts on the water shed. Once these tests are completed they should be presented to the City of Chula Vista in a report that fully discusses the baseline methodology and findings prior to and after the event. Once the impacts are fully vetted, understood, and agreed upon by professionals in each discipline, a full formal report should be presented to the OVRP Policy Committee for comment and agreement. This data should then be included as part of any future application for the use of the venue for an Off-road Vehicle Racing. The data included in the report will provide needed information to allow the OVRP Committees to make an educated, fact-based decision on any future use of the site. I am concerned with Page 12 of36, section F. Public Comments section. The fact that the applicant met the minimum notification responsibility". . . Notice was circulated to property owners and residents within a 500-foot radius of the proposed project site." is not enough. Given the potential for disruption of quality oflife (sound mostly) for the homes/residents located on the south rim of the valley, the applicant should have taken, and should be required to take, the extra steps to notify these residents of the potential disruption. Page 1, Item: ~ Meeting Date: 5/n107 CHULA VISTA ~ ,_,~i' I PLANNING COMMISSION AGENDA STATEMENT PLANNING COMMISSION AGENDA STATEMENT ITEM TITLE: PUBLIC HEARING: CONSIDERATION OF PCZ-07-06, ZONE CHANGE FROM CTP ZONE TO R-3 ZONE, AND A REQUEST FOR A DENSITY BONUS FOR A REDUCTION IN THE REQUIRED PARKING AND OPEN SPACE, AN INCREASE IN THE NUMBER OF COMPACT SPACES ALLOWED, AND A REDUCTION IN THE REQUIRED FRONT SETBACK FOR THE PROJECT "LOS VECINOS," LOCATED AT 1501 BROADWAY. RESOLUTION: RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL ADOPT MITIGATED NEGATIVE DECLARATION IS-07-017, AMEND THE ZONING MAPS ESTABLISHED BY MUNICIPAL CODE SECTION 19.18.010 BY REZONING ONE PARCEL CONSISTING OF 1,46 ACRES LOCATED AT 1501 BROADWAY FROM CT-P (COMMERCIAL THOROUGHFARE WITH PRECISE PLAN) TO R-3 (APARTMENT RESIDENTIAL), AND APPROVE INCENTIVES AND CONCESSIONS PURSUANT TO THE DENSITY BONUS LAW FOR THE REDUCTION IN CERTAIN DEVELOPMENT STANDARDS FOR THE DEVELOPMENT OF AN AFFORDABLE FOR-RENT PROJECT BY WAKELAND HOUSING DEVELOPMENT. SUBMITTED BY: MARY LADIANA, PLANNING MANAGER Page 2, Item: Meeting Date: 5//3107 INTRODUCTION: On December 18, 2006, Wakeland Housing Development (Applicant) submitted applications requesting a zone change and design review for development of an affordable for-rent project on a 1.46-acre site located at 1501 Broadway, within the Merged Chula Vista Redevelopment Project Area (see Attachments 1 and 2). The site is currently developed with the vacant Tower Lodge motel, which had been the subject of significant code enforcement issues for a variety of violations and was subsequently closed and hoarded up. The project proposes 42 multi-family affordable rental units. State law (Government Code 65854-65861) and Chula Vista Municipal Code Section 19.12.030 and following sections establish the process for adopting zone changes of property and require that the Planning Commission hold a public hearing on proposed rezoning actions and provide a written recommendation to the City Council. The project also involves a request for three density bonus incentives or concessions of certain development standards pursuant to California Government Code Section 65915. Specifically, the applicant is requesting (I) a reduction in the parking space requirements including an increased percentage of compact parking spaces, (2) a reduction in the open space requirements, and (3) a reduction in the required front setback to facilitate the development of this project. The requests, if approved, would permit the construction of 42 affordable residential units for very low, low-income households. Such development incentives are contemplated under the provIsions found in the California Government Code Section 659] 5 and the Chula Vista Housing Element. As specified in Section 65915 (d)(2)(C), the applicant is entitled to receive three incentives or concessions for projects that include 30 percent of the total units for lower income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a common interest development. The Environmental Review Coordinator reviewed the proposed project for compliance with the California Environmental Quality Act and prepared an Initial Study, IS-07-017, in accordance with the California Environmental Quality Act (CEQA). Based upon results of the Initial Study, the Environmental Review Coordinator determined that the project could result in 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-07-017 (see Attachment 3). RECOMMENDATION: That the Plarrning Commission of the City of Chula Vista recommend that the City Council adopt Mitigated Negative Declaration lS-07-017, amend the Zoning Maps established by Municipal Code Section 19.18.010 by rezoning one parcel consisting of 1.46 acres located at 1501 Broadway from CT-P (Commercial Thoroughfare with Precise Plan) to R-3 (Apartment Residential), and approve incentives and concessions pursuant to the Density Bonus Law for the reduction in certain development standards for the development of an affordable for-rent project by Wakeland Housing Development. Page 3, Item: Meeting Date: 5/23107 BOARDS/COMMISSIONS RECOMMENDATION: On March 28, 2007, the Housing Advisory Commission voted to recommend approval to the City Council to provide up to a maximum of $5,480,000 in financial assistance from the City's Low and Moderate Income Housing Funds to Wakeland Housing for the financing of a proposed 42 unit affordable housing project located at ISO I Broadway in Southwest Chula Vista. On February I, 2007, the Redevelopment Advisory Committee recommended that the Chula Vista Redevelopment Corporation approve the project proposal for Los Vecinos affordable housing development, located at 1501 Broadway in the Merged Chula Vista Redevelopment Project Area. The Committee members' support for the proposed project was based on the project's contribution to the provision of needed affordable housing in this area of the City and on the project's good plmming and architecture. DISCUSSION: 1. Site Location and Snrronnding Uses The 1.46-acre subject property is located mid-block on the east side of Broadway, between Palomar and Anita Streets (see Attachment I). The site is irregular in shape and has approximately 281 feet of frontage along Broadway and approximately 220 feet in depth. The project site is located in an urbanized area of the city and is within the "Added Area" of the Amended and Restated Redevelopment Plan (2004) for the Merged Chula Vista Redevelopment Project Area. The project is also within the South Broadway District of the Southwest Area Plan of the City's 2005 General Plan (see Attachment 4), which has a land use designation of Mixed Use Residential (MUR). The site is currently zoned Commercial Thoroughfare with a Precise Plan modifying district (CTP). The site for the proposed project was previously used as the Tower Lodge motel, which is currently vacant and boarded up. Existing uses and land use designations adjacent to the site are as follows: Existing Uses General Plan Zoning Designation Desi..-nation Subject Site Closed Motel Mixed Use Residential Commercial ThorouQhfare North Auto Repair Facility Mixed Use Residential Commercial ThorouQhfare South Condominiums Mixed Use Residential One/Two-Family Residential East Storage Facility Mixed Use Residential Commercial Thorow,.hfare West Apartments across Commercial Commercial Broadway Retail/High Density Thoroughfare Residential /Anartment Residential Page 4, Item: Meeting Date: 5/23107 2. Project Description The proposed project consists of the construction of 42 affordable rental housing units on a 1.46-acre Jot. There will be 12 one-bedroom, 16 two-bedroom, and 14 three-bedroom units, a community room, and a laundry room. Additionally, the project includes the construction of parking, landscaping, open space, and access and circulation elements associated with the development (see Attachment 5). The project site is relatively flat and minimum grading will be required. The proposed 42 attached rental apartments will be located in a three-story building structure that will form a U-shape around an inner courtyard, which will provide common open space and recreation areas. A community room and laundry room will be on the first floor facing the courtyard. The courtyard will contain a tot lot, seating areas with tables and benches and a barbeque grills. A U-shaped driveway will provide vehicular access from Broadway to the north and south sides, as well as the rear, of the building structure. Pedestrian and vehicular access to the units is located on the street level. Landscaping (approximately 11,735 square feet representing 2]% of the site) will be located around the perimeter of the Jot, as well as in the interior of the site. Sixty-eight parking spaces will also be located along the perimeter of the lot. Of the total parking spaces, 55 spaces will be provided in the surface parking lots (36 standard; ] 9 compact) and ] 3 standard spaces will be located under the south wing of the building structure. 3. Land Use and Zoning The item being presented for the Planning Commission's consideration is the rezone of the] .46-acre site from the current CTP zone to the R-3 zone (see Attachment 2). As indicated in the previous table, the General Plan land use is Mixed Use Residential. The General Plan contains a vision and a set of policies for the area, which envision the South Broadway District as containing additional residential uses along South Broadway. The District focuses on increasing the viability of retail shops, providing for nceded housing opportunities, and improving the appearance of this major corridor. The current Zoning designation for the subject site is Commercial Thoroughfare with Precise Plan ModifYing District (CTP). Since this designation does not implement the vision and policies of the 2005 General Plan for Mixed Use with Residential, the Applicant has requested a zone change to Apartment Residential (R-3) that would implement the General Plan policies and would allow the construction of the proposed project at the subject site. Other discretionary actions required for project implementation, in addition to the proposed rezone, include a Density Bonus and Design Review. The ChuJa Vista Redevelopment Corporation will review these required entitlements and also make a recommendation on the proposed rezone, which will be forwarded along with the Planning Commission's recommendation to the City Council for final consideration and approval. Page 5, Item: Meeting Date: 5/23107 4, Development Standards The residential development has been evaluated using the R-3 zone development standards. Assessor's Parcel Number: 622-092-05 Current Zonin" CTP - Commercial ThoromJhfare Precise Plan Pronosed Zonin" R3 Anartment Residential Zone General Plan MUR - Mixed-Use Residential Pronosed Buildin" Coveraae 30% of site Lot Area ] .46 acres DEVELOPMENT STANDARDS: REOUIRED PROPOSED Setbacks: Front Yard: IS feet 9 to 13 feet (Varies with building line in relation to right of way line) Side Yard: 5 56 feet min. Rear Yard: ]5 52 feet min. Parking (per CVMC 19.62.050): ] bd units (1 y, spaces/du) 18 2-3 bds units (2 spaces) 60 Total 78 snaces 68 snaees Building Height: Three stories 137 feet) Three and one-half stories or 45-feet Residential Density (R-3 zone): 32 units ner acre 29 units ner acre Open Space Requirements (per R-3 zone): 1-2 bds units: 400 sq. ft. (1 ],200 sq. ft.) 3 bds units: 480 sq. ft. (6,720 sq. ft.) 15,139 square feet Total: ] 7920 so. ft. of usable onen snace Residential Density: Pursuant to CVMC 19.28.070, the allowable residential density of an apartment residential project is limited to the maximum residential density permitted in the R-3 zone, which requires a minimWI1 lot area of 1,350 square feet per dwelling unit on Jots greater than 7,000 square feet (32 dwelling units/acre). Therefore, based on the area (1.46 acres) of the site, the maximWI1 number of dwelling units that could be developed on the project site is 47 units. The project proposes 42 units, which would be below the maximum number of units permitted by the R-3 zone. Opns:ity Ronns: rons:irlpr~tions: California Government Code Section 659] 5 requires jurisdictions to provide density bonus and/or regulatory incentives to enable the production of affordable housing. The objective of the State density bonus law is to enable significant contribution to the economic feasibility of lower-income housing in proposed projects. Pursuant to Government Code section 659] 5(d)(2)(C), an applicant Page 6, Item: Meeting Date: 5//3107 shall receive three incentives or concessions for projects that include at least 30 percent of the total units for lower income households, or at least IS percent for very low income households. Since all of the units in the proposed project will be affordable to very low and low income households, the applicant is eligible for three incentives or concessions. As stated by the Department of Housing and Community Development, "Local governments have a responsibility to significantly contribute to the feasibility of developing housing for lower- and moderate-income households, including granting incentives or concessions even where an applicant has not elected to accept a density bonus under SDBL [State Density Bonus Law]. This responsibility is expressed in the intent of SDBL, Government Code Section 65917 as well as other State housing and planning statutes including housing element law (Article 10.6) and more specifically Government Code Sections 65583(c) 2 and 3. Further, subsection (g) of Section 65915 expressly allows an applicant to clect a lesser density bonus. Although subsection (b) states a city or county shall grant a density bonus and concessions or incentives for qualifying projects, an applicant is not required to request both a density bonus and a concession in order to be eligible for the other. Interpreting the statute to require a developer to implement both a density bonus and a concession or incentive is clearly inconsistent with subsection (g) and contradictory to the intent of the law. This is particularly true where requiring the additionally bonus units would jeopardize project feasibility." Cost Analysis: Staff has reviewed the requested concessions from the City's development standards. Based on project financing gaps, the concessions are necessary to provide the maximum number of units at affordable levels. Financing and development of Los Vecinos, as a rental community, is proposed as a joint private-public partnership. Wakeland will be preparing an application to the State Tax Credit Allocation Committee for funding to support the majority of the estimated $16,889,228 ($402,125 per unit). Due to the financing programs Wakeland will be pursuing, the project will provide rents even lower than the 80% of the Area Median Income (AMI) required by the City's Affordable Housing Program. As a result, units will be made alfordable to families at 30% to 60% of the AMI, and income and rent restrictions will be maintained for a period of 55 years in keeping with the Chula Vista Housing Element of the General Plan. With rents restricted at these levels and for this time period, the net operating income is insufficient to support a loan large enough to cover thc project costs. Therefore, there remains a financing gap of approximately $5,480,000. It is proposed that the remaining financing gap be met by a loan from the Redevelopment Agency's Low and Moderate Income Housing Funds. IfWakeJand were required to meet City development standards for parking, open space, and building setback, it would result in a loss of units that could be built on the site. A loss of units would result in decreased net operating income for the project, which would generate an even greater financing gap, and a larger loan amount from the Redevelopment Agency. The density bonus incentives of parking, open space and building setback reductions help to offset an otherwise greater financing gap, which could result in the infeasibility of the project. Additionally, the concessions do not have any specific adverse impacts as noted in California Government Code. The following three development standards qualify as density bonus incentives or concessions: parking, building setback, and open space, as described below. Page 7, Item: Meeting Date: 5/n107 Parking: The Applicant has requested that parking be one of the development standards concessions to be approved through the density bonus under California State Law. The proposed project plans show 68 parking spaces will be provided on site. These spaces will be located along the outer perimeter of the site. In accordance with the standards set forth by Section 19.62.050 of the Municipal Code, the proposed project would require 78 on-site parking spaces. In addition, the zoning ordinance only allows a maximum of 10% of the total number of parking spaces (8 spaces) to be compact. Standard parking spaces measure 9 feet x 19 feet and compact spaces measure 7.5 feet x 15 feet. The applicant is requesting a concession, as allowed under State Law, and is proposing to provide 68 spaces versus 78 spaces and 28% compact spaces versus 10% compact spaces. Building Setback: The Applicant is also requesting a front building setback deviation from the Zoning Ordinance. The building setback requirement, as called for in the zoning ordinance, is 15 feet from the property line. The building structure shown on the plans is located approximately between 9 feet and 15 feet from the property line, representing a front setback reduction of2 to 6 feet. Open Space: Residential projects are required to provide on-site open space for residents to enjoy. The Chula Vista Municipal Code Section 19.28.090 requires the provision of 400 square feet of usable open space for 1 and 2-bedroom units, and 480 square feet for units with 3 or more bedrooms. The open space may be provided in common usable open space areas, private patios, balconies, or common recreational facilities. In accordance with the standards set forth by Section 19.28.090 and the proposed unit mix (28 one and two-bedroom and 14 three-bedroom), the total usable open space requirement for the project would be 17,920 square feet. The project's proposed open space is 15,139 square feet, which represents a di[ferenee of 2,781 square feet of useable open space, which includes common exterior open space, a community room, and private patios and balconies. 5, Analysis The project has been evaluated in accordance with the goals and objectives of the 2005 Chula Vista General Plan, the 2004 Amended and Restated Redevelopment Plan's goals and objectives, and the Zoning Ordinance. RE>70np. The project site is currently designated by the 2005 General Plan as Mixed Use Residential (MUR) and it is zoned CTP. The General Plan Land Use and Transportation (LUT) Policies 42.3 and 42.9 for this area state: "Encourage the development of residential units. mixed with the appropriate retail and professional office. in the area designated as A1ixed Use Residential between Palomar Street and Anita Street"; and Page 8, Item: Meeting Date: 5/n107 "]n the South Broadway District, residential densities within the Mixed Use Residential designation between L Street and Naples Street and between Palomar Street and Anita Street are intended to have a District-wide gross density of 30 dwelling units per acre". The 2004 Redevelopment Plan's goals are to: "Provide low and moderate income housing as is required to sati~fj; the needs and desires of the various age and income groups of the community, maximizing the opportunity for individual choice, and meeting the requirements (if State Law. " "Achieve an environment reflecting a high level of concern for architectural, landscape, and urban design principles appropriate to the objectives of this Plan. " The current CT-P zone does not allow the development of residential projects. The requested rezone to R-3 would allow the construction of the proposed residential project at the requested density. This would implement General Plan LUT 42.6 and the 2004 Redevelopment Plan by providing additional affordable residential units in the area between Palomar and Anita Streets, which would achieve a better balance with the existing commercial and industrial developments. In addition, LUT 42.9 states that the subject area is intended to have district-wide densities of 30 dwelling units per acre. The project proposes 42 units on the 1.46-acre site, which results in a net density of 29 dwelling units per acre. The residential density would provide a more urban, pedestrian-oriented project design that would be compatible with the surrounding land uses. In the late 1980's, a citizen initiative referred to as the "Cumming's Initiative" was passed by a majority vote of the electorate and was incorporated as Chula Vista Municipal Code (CVMC) Section 19.80 (Ord.2309 Initiative 1988). The purpose and intent of the initiative was generally to ensure the quality oflife for the residents ofChula Vista through a variety of measures, including the provision of adquate public services and facilities commesurate with new development. In order to accomplish this, the Ordinance contains provisions that limit the rezoning of a property. Section 19.80.070 (D) states that: "Rezoning commercial or industrial property to a residential zone shall be permilled only to the maximum residential density corresponding to the potential traffic generation that was applicable prior 10 the rezoning to residential. " For the proposed rezone, the comparison would be between the existing potential traffic generation associated with the development under the existing CT-P zone and the corresponding maximum residential density. Based on standard traffic generation rates (SANDAG 2002 Brief Guide of Vehicular Traffic Generation Rates for The San Diego Region), commercial and office uses generate significantly greater traffic than residential uses. For example, the existing 1.46 acre site (63,500 square feet) zoned CT-P would have the potential to develop up to a 95,396 square foot building. This is based on the CT-P zone's existing development standards which allow 50% lot coverage (50% x 63,500 sq. ft. site = 31,799 sq. ft.) and up to a three story height limit (3 stories x 31,799 sq. ft. per floor). Using SANDAG's standard traffic generation rates for commercial uses (40 trips /1,000 square feet), a total of 3,816 trips would be generated from a potential commercial building of that sIze. Page 9, Item: Meeting Date: 5//3107 Based on the criteria in section (D) above, the maximum residential density could not be more than the potential traffic generated by the commercial use (i.e. 3,816 trips). This equates to up to 636 multi-family units (3,816 trips/6 trips per multifamily dwelling unit) on the 1.46 acre site, which equates to 435 dwelling units per acre. Because commercial and office uses generate significantly greater traffic than residential uses, a zone change from commercial to a multi-family residential category could never result in residential traffic generation greater than the corresponding potential traffic generation from a commercial development. Therefore, zone changes from commercial to residential would not conflict with Section 19.80.070 (D) of the ordinance. n{1n~ity Ronll'" Parking: The applicant has requested that parking reduction be one of the development standards concessions to be approved through the density bonus under California State Law. The zoning ordinance requires the provision of 78 on-site parking spaces (representing an average of 1.86 spaces per unit). The proposed project plans show 68 parking spaces (which represents an average of 1.62 spaces per unit) will be provided on site, 19 of which will be compact spaces. In addition, the zoning ordinance only allows a maximum of 10% of the total number of parking spaces (7 spaces) to be compact. The concessions, as allowed under State Law, would allow 68 spaces versus 78 spaces and 28% compact spaces versus 10% compact spaces. The applicant has demonstrated that their affordable housing projects (located throughout San Diego County) with similar parking reductions have not experienced parking shortages. In those projects, as will be done in the proposed Los Veeinos project, property management assigns residents one or two parking spaces according to the size of their unit and the number of vehicles they have. In Wakeland's Beyer Courtyards project in San Ysidro and Vista Las Flores project in Carlsbad, parking supply exceeds demand. Many families that qualify for affordable housing, particularly at the very low and low income levels, only have one family car, or may not have a car. The table below indicates that half to three-fourths of two-bedroom units and about half of three-bedroom units use zero or one parking spaces. In other words, only one-fourth to half of all two and three-bedroom units request two parking spaces. Total Parking % 2BR with % 3BR with Total Units Snaces Snaces Used o or 1 snace o or 1 snace Beyer Courtyards, San Y5idr~ 28 49 42 76% 53% Vista Las Flores, Carlsbad 60 115 74 53% 45% Using these examples for the Los Vecinos project, and operating from the most conservative assumptions, the number of parking spaces (68) provided would still exceed demand. Assuming that all 12 of the one-bedroom units would require one parking space, and that half of the 30 two and three-bedroom units would require two spaces, the parking demand would be for 57 spaces. That would still leave a surplus of II spaces. The examples that the applicant provided are supported by Page 10, Item: Meeting Date: 5//3107 data from other affordable housing developments in San Diego County, as reported by the San Diego Housing Federation. Building Setback: Section 19.28.070 requires a front building setback of 15 feet from the property line. The proposed building setback ranges between 9 feet to 13 feet due to the buildings fa((ade articulation, which includes recessed surfaces and projections such as balconies. The Applicant is requesting a front building setback deviation from the Zoning Ordinance through the Density Bonus. While the proposed setback would deviate from the Zoning Ordinance, the reduction in the setback would afford the project a more urban and pedestrian-oriented character by being closer to the sidewalk, as compared with a suburban type of development with larger front setbacks. An urban project is more compatible with the urban character of the western part of the City. Thus, the reduced setback provides the benefit of bringing the building closer to the street giving the project a more urban character. Open Space: Section 19.28.090 of the Municipal Code requires a minimum of 400 sq. feet of open space per I to 2-bedroom dwelling unit and 480 square feet for the 3-bedroom unit. The open space may be provided in the form of common usable open space areas, private patios, balconies, or common recreational facilities. Based on the proposed project's nwnber and type of dwelling units, the open space requirement is 17,920 square feet of usable open space or an average of 426 square feet per unit. As planned, the project would provide a total of 15,139 square feet of usable open space in the form of common exterior open space, a community room, and private patios and balconies. This represents an average of approximately 360 square feet per dwelling unit. It should be noted that, while all the dwelling units havc balconies, the open space calcnlation only includes balconies that meet the minimum space requirement (60 square feet). Balconies that have less than 60 square feet in area are not counted toward the open space requirement. Based on these calculations, the project's open space deficit is approximately 2,781 square feet or an average of 66 square feet per unit. The reduction in required usable open space at Los Vecinos will not affect the residents' quality of life, as the proposed open space is well designed, and will be serviced by a variety of programs to keep the residents active and involved. Each apartment will have either a private balcony or patio, providing residents with their own usable outdoor space while also bringing them out of their units. Thc common outdoor space will include a tot Jot for the children, open play space, and a barbecue area with seating and tables for the residents' use. An 807 square foot community center will provide resident services programs including computer classes, tutoring, arts and crafts, and outdoor recreation activities. 6, Community Input Several community meetings regarding the proposed project were held at various locations from October 2006 though March 2007. The applicant conducted an initial community meeting near the Page 11, Item: Meeting Date: S//?,107 project site on October 9, 2006, and noticed the meeting to residents and property owners within 500 feet of the project site. The applicant also met with community groups; with Northwest Civic Association on January I, 2007 and with Southwest Chula Vista Civic Association on January 18, 2007. The applicant received positive comments at all of the meetings, and the Southwest Chula Vista Civic Association submitted a letter of support for the project. Additionally, the Redevelopment Advisory Committee (RAC) reviewed the project at a public meeting on February 1,2007. Both the Southwest and Northwest Civic Associations, and the public at large expressed overwhelming support for the project at the meeting. The RAC voted to move the project forward with a single review. The RAC meeting was publicly noticed, including notices to residents and property owners within 500 feet of the project site. The project was reviewed at another public meeting by the Housing Advisory Commission (HAC) on March 28, 2007. The HAC also recommended project approval. Recently, staff received a petition regarding the proposed project from several residents of the Villa de Anita condominium complex (see Attachment 5). The residents who signed the petition were included in the 500-foot radius noticing, as described above. In a continued effort to ensure that a]] residents, particularly neighbors, have had an opportunity to learn about the project and provide input, staff has planned an additional meeting for those residents who expressed concern about the project. The meeting wi]] be held on Monday, May 21st at 5:30 PM at the project site. The applicant's project team will also be present to provide infonnation regarding the project and to answer any questions. 7. Conclusion Based on the information and analysis contained in this report, staff finds the proposed rezone for the subject site from CT-P to R-3 consistent with and implementing the goals and objectives of the General Plan, as well as the goals and objectives of the 2004 Amended and Restated Redevelopment Plan [or the Mcrged Chula Vista Redcvclopment Project Area. The proposed R-3 zone is an implementing zone of the existing MUR land use designation and is therefore appropriate and consistent with the designation. The proposed residential project is appropriate for the area because it provides needed atTordable housing and it is adjacent to both commercial and residential development, as we]] as adequate existing infrastructure. The Density Bonus should be granted because it facilitates a project that would be infeasible without the reductions in open space, parking, and building setback. Therefore, staff recommends that the Planning Commission recommend approval of the proposed zone change and the Density Bonus to the City Council. 8, Decision Maker Conflicts Staff has reviewed the property holdings of the Planning Commission members and has found no property holdings within 500 feet ofthe boundaries of the property which is the subject of this action. A. tt~{'hmpnt~ 1. Locator Map 2. Aerial Map with existing and proposed zoning designations 3. Mitigated Negative Declaration ]S-07-0] 7 4. General Plan Southwest Planning Area - South Broadway District 5. Site Plans 6. Petition from selected Villa de Anita residents 7. Development Application with the following appendices: Appendix A - Project Description and Justification Appendix B - Disclosure Statement Appendix C - Development Permit Processing Agreement 8. Draft City Council Ordinance Page 12, Item: Meeting Date: S/?3107 A ITA CHMENT 1 ) 1(11\\\ //. UIIY /'- ----~ t-~ E ~;.~~ I-- l- I-- I- r-: I-- I- 1"-- c-- I-- __ ---r-..... , --- - - - - -- ) = -- n- ,4W_ - II '\ _~~I-- \\\l\ ) PROJECT _ \ ~~ t-~ \ \ \ \\J LOC,ATIO,N 1\ "'al--nll ~e- ffiEE U \ I I I I 1/ \ -- \ ~ \:\-j\jj ~. \'U ~ , 0 \~ ~ III - - --- ---- - I I - r- II := III I I II I J - - I-- _ I--- _ I--- '- - - I- - - 11 1+) \ I Anita St (fJ < '" en 5!2 I-- 1= 1= =f- I-~ I- =f- ~ ::::1- 1= =f- F ~ - I I" J I III ~~ ~I l- f- == f- I- I - r- - _I- - I I - - - - r- C HULA VISTA PLANNING AND BUILDING DEPARTMENT '.OCATOR PROJECT Wakeland Housing & PROJECT DESCRIPI10N: C) APPLICANT: Deveiopment Corp. DESIGN REVIEW PROJECT 1501 Broadway Project Summary: Proposed: 42-uni1s of affordable, multifamily ADDRESS: rental housing with a community center for residents. SCALE: I FILE NUMBER: No Scale DCR-07-27 Ratated cases: 1S-a7.Q17, PCZ.Q7-{)6 & PCC.Q7.Q37 J:\plann ing\ca rlos\Jocators\drc0727. cdr 12.28.06 .-----:--- " . ' .' 11,{);.:M ;_7'~:~"~:~":'~.~ '-~'. ,'. . : ,II. ,,-..:. ...: ';r~'" . ..' 3t: ~.\ ~'t " , ,.,. .- C) NORTH City of Chula Vista "LOS VECINOS" PROJECT LOCATION - Project Location I Proposed Zone Change Existing Zones L\Gabe FileslProjects by Requestor\Jose Dorado\1801 Roradwaylmain_file ai 05,10,07 ATTACHMENT 3 Mitigated Negative Declaration PROJECT NAME: Los Vecinos PROJECT LOCATION: 1501 Broadway ASSESSOR'S PARCEL NO.: 622-092-0500 PROJECT APPLICANT: Los Vecinos Wakeland Housing and Development Corporation CASE NO.: IS-07 -017 DATE OF DRAFT DOCUMENT: April 16, 2007 DATE OF FINAL DOCUMENT: Prepared by: Maria C. Muet! A. Proiect Setting The project site is 1.5-acres in size and consists of one parcel. The site is located at 1501 Broadway, between Orange A venue and Anita Street. The site is within the Montgomery Specific Plan area of the City of Chula Vista (see Exhibit A - Locator Map). The project site is relatively level and has been previously mass graded. The site is developed with the existing vacant Tower Lodge Motel including parJQng lot, paved driveways, parJQng areas, and swimming pool. A sewer lift station with a holding tank is located on the northeastern portion of the site. On-site vegetation includes ornamental trees, palm trees, grass, and shrubs (see Exhibit B-Existing Site Plan). The land uses immediately surrounding the project site are as fol1ows: North: South East: West: Storage Facility Multifamily Residential/Condominiums Mobile Home Park Auto Repair Business and Multifamily Residential/Condominiums B. Proi ect Description The project proposal consists of an affordable 42 unit multi-family residential development including a community center for use by project residents. The proposal includes a density bonus request pursuant to Cahfomia State Law (Government Code 65915). The proposed mu1ti-family resIdential units would be contained within one three-story building. PatIos and balconies are proposed adjacent to Broadway and at the northwest and southwest corners of the project site. Onsite improvements include landscaping, perimeter masonry walls and fencing, retaining walls, community patio and barbeque area, tot lot, recreational turf area, sma]] recreational courts, security lighting, paved ground level parJQng lot and other amenities. Proposed site improvements include new driveways and sidewalks, emergency fire lane and services, private interior roads, storm drain facilities/filtration systems, water service extensions, sewer facility improvements, underground existing utilities, retaining wa]]s, open space sitting areas, landscaped treatments, trash enclosure, tot Jot, security lighting and other amenihes. The proposed open space area includes some balconies and ground level patios. A total of 68 parking spaces would be provided onsite; four spaces less than the required City Parking Code requirement. Please refer to the Traffic Section below for details regarding parking and Density Bonus/State Law a!1owances. C. Compliance with Zoning and Plans The project site is designated CTP (Commercial ThoroughfarelPrecise Plan) Zoning and MUR (Mixed-Use Residential). Project permitting inc1udes Rezone (to convert CT to R3) by the Planning Commission, Design Review by the CVRC, and a Density Bonus by the Redevelopment Agency/City Counci1. D. PubJic Comments On April 2, 2007, a Notice of Initia! Study was circulated to property owners within a SOO-foot radius of the proposed project site. The pubJic review period ended April 11, 2007. No public comments were recei ved during this time period. E. Identification of Environmental Effects An Initial Study conducted by the City of Chula Vista (inc1uding an attached Environmental Checklist fOnTI) detenTIined that the proposed project may have potentia!1y significant environmental impacts, however, mitigation measures have been incorporated into the project to reduce these impacts to a less than significant leve1. This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State of California Environmental Quality Act (CEQA) Guidelines. Air QuaJity To assess potential air quaJity impacts of the project, an Air Quality Analysis for the Los Vecinos project, Aprilll, 2007. was prepared by Eilar and Associates, Inc. The emission factors and threshold criteria contained in the South Coast Air QuaJity Management District GuideJinesrrhresholds for Air Quality Analysis and the current URBEMIS were utilized in the air quality analysis. The additio.n of emissions to an air basin is considered under CEQA to be a significant impact. Due to demolition and construction activities, mimmal grading and a previously developed site, the proposed project is anticipated to create only short tenTI impacts as summarized below. Construction Activity Impacts It is anticipated that based on the project's emission factors and proposed construction activities the proposed project will exceed the SCAQMD's daily tbreshoJd emission levels. Air quality impacts resulting from construction-related operations are considered short-term in duration since construction-related activities are a relatively short-term activity. The proposed project would result in short-term air quality impacts directly related 'to demolition/cleanup, grading and construction activities associated with the project. Worker and equipment vehic1e trips would create temporary emissions of dust, fumes, equipment exhaust, spillover and other air pollutants associated with the grading/construction and cleanup activities. Exhaust emissions would result from on and off site heavy equipment. Dust control and emission controls are recommended for off-road construction equipment as wel1. As a mitigation requirement, construction equipment exceeding 100 brake- horsepower must meet Tier 3 emission Jimits during al! grading phases of the project construction. AI! project emissions are anticipated to be at or below the standard thresholds. Implementation of the Air Quality Mitigation Measure ~o. I contained in Section F below would mitigate short-tenTI 2 construction-related air quality impacts to below a level of slgmficance. These measures are included as a part of the Mitigation Monitoring and Reporting Program. Project Operational/Long Term Impacts The proposed project once developed would not resuH in significant long-term local or regional air quaJity impacts. The project would result in a net decrease in vehicle trips. According to the project traffic study, the previous mote] use generated 324 daily trips and the project would resuH in 252 daily trips. No area source or operational vehic1e emission estimates wi1l exceed the Air QuaJity significance thresholds, nor create long-term air quaJity impacts. Geology and Soils To assess potential geological and soils impacts of the project, a Preliminmy Geological Investigation for Proposed Residential Development, 1501 Broadway, Clzula Vista, California, October 17, 2006, was prepared by Leighton and Associates, Inc. The results of this analysis are summarized below. The project site is not located in an active Earthquake FauH Zone as created by the Alquist-Priolo Act and associated FauH-Rupture Hazard Zones. The nearest active fauH is the Rose Canyon fauH approximately 5 miles away. No known significant or suspected seismic hazards associated with the project site have been identified. Any development must be constructed in accordance with the CaJifornia Building Code or state-of-the art seismic design parameters of the Structural Engineers Association of California. No significant seismic related impacts are anticipated as a resuH of the proposed project. Liquification/Subsurface Conditions Liquefaction and settlement of soils is characterized by a loss of shear strength to the affected soif layers, causing the soil to act as a viscous Jiquid not capable of supporting structures or creating instabiJity. Based upon the subsurface explorations, overal1 Jiquefaction bazards to the project site are considered low and no significant impacts are created. According to the study based upon subsurface conditions, the topsoil and near surface s6ilSwere previously disturbed by the existing site conditions and proposed demolition of the existing motel buildings, were considered inadequate for supporting the fil1 or additional structural loads associated with the proposed project buildings. During site grading this impacted soil area should be removed within the building pads and pavement areas. In addition, any onsite soils that are to be used for compacted fi11 must be free of any organic materials, debris or large rock fragments. A final soils report is required to be prepared to satisfaction of the City Engineer, prior to the issuance of grading and construction permits_ Erosion control measures will be identified in conjunction with the preparation of the grading plans and implemented during the construction phase. Through project design as recommended in the Preliminary Geotechnical Investigation, and the mitigation measures contained in Section F below, potential geological impacts would be mitigated to a level of less than significance. These measures are included as a part of the Mitigation Measure Monitoring and Reporting Program. 3 HazardslHazardous Materials In order to assess potential hazardous materials impacts, a Phase I Environmental Site Assessment report was prepared by Leighton and Associates, Inc., on August 1. 2006, and addendum dated March 2007 for the project site. Please refer to the following summary below. Phase I Environmental Site Assessment According to the Phase I, based upon historical records the project site has been developed with a motel/motor lodge from approximately 1949 to the present. The site contains the motel, parking lot, swimming pool, office and landscaped treatments. The motel is currently vacant and non-operational. The proposed project includes the demolition of the motel and associated improvements, refer to Lead! Asbestos Section. On-site Investigation On July 7, 2006 a site investigation and soil samplings were conducted. The soil samplings were collected between the sewer lift station and motel to assess any contamination due to sewage spills reported by the City of Chula Vista. The soil samples were analyzed for contamination. In the event of contamination within the soil, the same threshold level is used for soil as for groundwater as was in this case. No fecal colifonns exceeded the reporting unit threshold levels of the Regional Water Qualty Control Board (RWQCB) groundwater discharge requirements. No other environmental concerns including staining, Underground Storage Tanks (USTs), Aboveground Storage Tanks (ASTs), undocumented fill or waste dumping were observed or reported during the site observation. Off-site In accordance with standard assessment procedures, regional database listings of hazardous wastes and materials sites within the project site were reviewed. Based upon Leaking Underground Storage Tanks (LUST) cases, three LUST cases at two locations were identified within ,;' mile of the site. Two cases have been closed and one active case remains and is currently underway or pending closure as regulated by the regional agencies; County of San Diego Department of Environmental Health Services (DEHS) and the Regional Water Quality Control Board (RWQCB). However,due to the fact that this location is located at a lower level than the project site, no potential for significant hazardous impacts is anticipated. Asbestos and lead-based paint The existing motel lodge, office and associated improvements are proposed for demolition and may contain asbestos and lead-based paint which is a potential1y significant health hazard. 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 measures contained in Section F below would mitigate potential hazardslhazardous materials impacts to a level of less than significance. These measures are included as a part of the Mitigation Monitoring and Reporting Program. 4 Hydrology and Water Qualitv In order to assess potential drainage impacts of the project, a PreliminGl)' Drainage Study for Los Vecinos, Chula Vista, California, dated March 14, 2007 and addendum dated April 2007, was prepared by Lintvedt, McCol1 & Associates. The study methodology is based upon the City of Chula Vista Subdivision Manual, Drainage Design Section and County of San Diego Hydrology manual. The purpose of the study included the analysis of the year floods up to the 100-year flows for both pre and post development conditions, analysis and identifying any potentia! significant impacts. Upon construction development and associated site improvements, there wil1 be a slight increase of impervious area; 1.03 acres or 79% of the site. However, based upon project design, project conditions or measures, and existing developed land conditions there are no significant drainage concerns or significant changes to downstream flows anticipated. Existing Conditions and Drainage Improvements The project site currently drains west towards Broadway into an existing storm drain inlet (24" pipe) that flows north along Broadway. Proposed Drainage Improvements Based upon review of the preliminary drainage study, the Engineering Department has determined that through project design and conditions there are no significant issues or impacts regarding the proposed drainage improvements. The drainage analysis resu1ts verify that the project does not adversely impact the existing City storm drain facilities. The proposed drainage improvements are designed to col1ect on-site drainage and convey it towards the existing storm drain system along Broadway. The new storm drain features include a storm drain connection consisting of an 18-inch pipe, gutter flows throughout the parking areas, roof drain outlets, vegetated swales, new and replacement of impervious landscaped areas prior to proper filtration systems. During construction, implementation of comprehensive Best Management Practices wil1 control construction-related erosion and sediment. Site Design BMPs focus on the use of landscaped areas as part of the drainage system and shal1 detain and filtrate runoff to the maximum extent. A-detailed summary of the construction BMPs wil1 be included with the required preparation of the Storm Water Pol1ution Prevention Plan (SWPPP). As a standard condition, a final drainage study wil1 be required in conjunction with the preparation of the project grading plans. The proposed drainage improvements as described above would improve the overal1 on-site drainage system and accommodate the proposed project. The drainage facilities shal1 be instal1ed at the time of the site development to the satisfaction of the City Engineer. Water Quality In order to assess potential water quality impacts created by the proposed project, a Water Quality Technical Report was prepared by Lintvedt, McCol1 & Associates dated March 13, 2007 and addendum dated April 2007. The study also includes analysis to verify that post-construction runoff volumes have been maintained at the pre-construction volume levels. The applicant/developer wil1 be required to implement post-construction Best Management Practices (BMPs) to the maximum extent practicable, including the use of high pol1utant removal efficiency treatment BMPs. The City of Chula Vista SUSMP requires a combination of site design, source control, and treatment control BMPs. Site design BMPs W111 include landscaped treatment within the project areas, increased 5 building density, rooftop runoff onto pervious landscaped areas, runoff directed away from top of slopes and al1 slopes landscaped to avoid erosion and natural vegetated swales. The applicant will be required to comply with all requirements of the State Water Resources Control Board (SWRCB), City of Chula Vista's Stonn Water Management Manual and implement Best Management Practices (BMPs) to prevent pollution of the storm water systems during and after construction. A Stonn Water Pol1ution Prevention Plan (SWPPP) will be developed and implemented concurrently with the grading of the project site. The applicant wil1 also be required to comply with the Nl'DES Municipal Permit, Order No. R9-2007-0001 and other permit requirements, identify potential stonn water pollutants as wel1 as proposed BMPs that wil1 be used for treatment, and submit a water quality study with submittal of final grading/improvement plans to the satisfaction of the City Engineer. Storm or non-stonn water from such designated area shall not be discharged into City storm drainage systems but disposed of in accordance with Federal, State, and Local laws and regulations. The mitigation measures contained in Section F below would mitigate potential hydrology/water impacts to below a level of significance. These measures are included as a part of the Mitigation Monitoring and Reporting Program. Noise A noise study was prepared by Kimley-Horn and Associates, Inc., Exterior Noise Analysis Report. dated April 11, 2007, to assess potential noise impacts of the proposed project. The noise assessment analyzed the project with respect to the regulations contained in the Chula Vista Municipal Code (noise control ordinance). A copy of the noise study is available for review at the Planning and BuiJding Department. Existing Conditions The project site is currently vacant and surrounded by residential and commercial land uses. The project site !Tontage is along Broadway, between Orange Avenue and Anita Street. The existing noise is primarily generated by traffic that travels along Broadway. Broadway has an existing average daily traffic (ADT) volume of 18,400 vehicles (SANDAG 2007). One-hour sound level measurements were conducted during the afternoon peak hour traffic period to identify the existing noise levels created by the vehicle traffic. The posted speed for Broadway is 35 miles per hour, a four-lane major roadway according to the General Plan update. Existing Plus Project Conditions The noise generators (traffic) wil1 remain the same, as the proposed project is a residential use similar to the existing motel land use. Future ADT volume was calculated out to be approximately 27,500 vehicles (City of Chula Vista). The future traffic noise will have a maximum noise level of 72 dBA CNEL at the proposed building facades, including the patios/balconies facing west towards Broadway. Al1 remaining patios/balconies facing north and south wil1 range !Tom 67 to 61 dBA and those patios/balconies within the interior courtyards range from 37-33 dBA. The City's dBA CNEL exterior noise requirement for residential land use is 65 dBA CNEL. The patios/balconies located along the !Tontage of Broadway facing west, and those few units facing northwest and southwest corners with levels above 65dBA, as identified in the noise study, will be impacted by the future traffic noise levels. Any balconies or patio areas that are to be counted towards required open space will require mitigation. The mitigation recommended IS a six-foot sound attenuation barrier along the perimeter of the patio. The wal1 barrier would be solid in construction with no holes or gaps. In order to maintain a view, the barrier may include glass 6 or plexiglass with a minimum density of 3.5 lbs'/foot,. The mitigation measures contained in Section F below would mitigate future exterior traffic noise impacts to the patios adjacent to Broadway and any other balconies that are counted toward the required open space for the project. An interior noise analysis evaluating proposed exterior wall construction, windows and doors would be required once final building design plans are completed to ensure that the interior noise levels meet the California Code of Regulations, Title 24: Noise Insulation Standard of 45 dBA CNEL or less. Should the interior noise analysis determine that interior noise thresholds can only be met with windows being cJosed, then the building plans will have to call out mechanical ventilation for impacted units. The mitigation measures contained in Section F below would mitigate potential interior noise impacts to below a level of significance. These measures are incJuded as a part of the Mitigation Monitoring and Reporting Program. Short-Term Construction Noise Pursuant to Section 17.2.050(J) of the Chula Vista Municipal Code, construction work (including demolition) 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 community. Due to the presence of the adjacent multi-family residential development and mobile home park, this provision of the Municipal Code applies to the project and would ensure that the residents and occupants would not be disturbed by construction noise during the most noise sensitive periods of the day. Outdoor/Rooftop Mechanical Equipment Noise Heating, ventilation and air conditioning (HV AC) equipment is proposed on the rooftops of the residential building units. The noise generated by the HV AC equipment would 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 final rooftop mechanical plans, the study concluded that noise generated from the HV AC could exceed the City's noise standard. Noise impacts related to the outdoor mechanical equipment are considered significant. Therefore, an additional acoustical study will be required to ensure that the multiple floor interior noise levelSbf the residential use would not exceed the 45 Leq standard. The mitigation measures contained in Section F below have been included to mitigate HV AClor rooftop mechanical equipment noise impacts to below a level of significance. F. Mitigation Necessary to Avoid Significant Impacts Air Quality I. The following air quality construction mitigation requirements shall be shown on all applicable grading, and building plans as details, notes, or as otherwise appropriate, and shall not be deviated from unless approved in advance in writing by the City's Environmental Review Coordinator. The City mitigation measure monitor will ensure compliance of the following: . Minimize simultaneous operation of multiple construction equipment units. . Use low pollutant-emitting construction equipment. . C;se electrical construction equipment as practical. . Use catalytic reduction for gasoline-powered equipment. . Use injection-timing retard for diesel-powered equipment. 7 . Water the construction area tWlce daily to minimize fugitive dust. . Stabilize graded areas as quickly as possib1e to minimize fugitive dust. . Pave permanent roads as quickly as possib1e to mmimize dust. . Use electricity from power poles instead of temporary generators during building, if avai1able. . Apply stabilizer or pave the last 100 feet of intema1 travel path within a construction site prior to public road entry. . InstaH whee1 washers adjacent to a paved apron prior to vehicle entry on public roads. . Remove any visible track-out into trave1ed public streets within 30 minutes of occurrence. . Wet wash the construction access point at the end of each workday if any vehicle trave1 on unpaved surfaces has occurred. . Provide sufficient perimeter erosion control to prevent washout of silty materia1 onto public roads. . Cover haul trucks or maintain at 1east 12 inches of freeboard to reduce blow-off during hauling; and . Suspend all soi1 disturbance and travel on unpaved surfaces if winds exceed 25 miles per hour. . Restrict the type of architectural coatings to only compounds with low reactive off-gas characteristics, such as SCAQMD "clean air" or "super compliant" low VOC paint and/or stucco. Geology and Soi1s 2. Prior to the issuance of construction permits, the appJicant shaH provide evidence to the City Engineer and the City Environmental Review Coordinator that aH the recommendations in the Preliminmy Geological Investigation, dated October 17, 2006 have been satisfied. 3. Prior to the issuance of grading permits a final soils report shaH be prepared to satisfaction of the City Engineer. Hazards and Hazardous Materials 4. During any demolition activities, a licensed and registered asbestos and lead abatement contractor shall perform asbestos and 1ead-based paint abatement in accordance with all applicable local, state and federa1 Jaws and regulations, including San Diego County Air PoHution Control District Rule 361. ]45 - Standard for Demolition and Renovation. Hydr010gy and Water Quality 5. Prior to the issuance of a grading permit, a final drainage study shall be required in conjunction with the preparation of final grading pl;3.ns. The City Engineer shall verify that the final grading plans comply with the provisions of California Regional Water Quality Contr01 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 p1an shaH become a permanent requirement of the Mitigation Monitoring and Reporting Program. 6. Prior to issuance of a grading permit, including clearing and grubbing aCl1vities, temporary desilting and erosion control devices shall be instaHed. Protective devices, as determined by the City Engineer, will be provided at every storm drain inlet to prevent sediment from entering the 8 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. Noise 7. Prior to the issuance of building permits, construction plans shall be submitted that depict a six- foot sound attenuation barrier along the perimeter of the patioslba1conies that are to be counted toward the required open space for the project. The wall barrier shall be solid in construction with no holes or gaps. In order to maintain a view, the barrier may inc1ude glass or plexiglass with a minimum density of 3.5 Ibs./foot,. 8. Prior to the issuance of building permits, an interior noise analysis evaluating proposed exterior wall construction, windows and doors shall be completed in order to ensure that the interior noise levels meet the California Code of Regulations, Title 24 Noise Insulation Standard of 45 dBA CNEL or less. If the Title 24 noise analysis indicates that windows must be c10sed in order to achieve interior noise levels of less that 45 dBA CNEL, construction drawings must inc1ude a mechanical ventilation system that meets UBC requirements to provide a habitable interior environment with windows closed in impacted units. 9. Pursuant to Section 17.24.050(J) of the Chula Vista Municipal Code, project-related grading or ~ construction activities 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. 10. All construction equipment shall operate and be maintained to minimize noise generation. Equipment and construction vehicles shall be kept in good repair and fitted with "manufacturer- recommended" mufflers. II. 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 HV AC and other roof mounted equipment complies with the City's noise control ordinance at tbe 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. 12. All rooftop pumps, fans, and air conditioners/heating units on the project 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 nearby residential properties to the exposed roof and mechanical ventilation systems. G. Agreement to Implement Mitigation Measures By signing the line(s) provided below, the Applicant and Operator stipulate tbat they have each read, understood and have their respective company's authority to and do agree to the mitigation measures contained within Mitigated Negative Declaration IS-07-017, and win implement same to the satisfaction of the Environmental Review Coordinator. Failure to sign the !ine(s) provided below prior to posting of this Mitigated Negative Declaration with the County Clerk shall indicate the Applicant's and Operator's desire that the Project be held in abeyance without approval and that the Applicant and Operator shan apply for an Environmental Impact Report. Rebecc&>- Lou',e-, P"'O~~<..:t ~(Jf:fY Printed Name and Title of Applicant (or authonzed representative) 4.Itg.o-=t Date 9 _~ , ~) pro'~t"'Ct ~IJ.~ Signature of Applicant (or authorized representative) N/A Printed Name and Title of Operator (if different from Applicant) N/A Signature of Operator (if different from Applicant) H. Consultation I. Individuals and Organizations City of Chula Vista: Steve Power, Planning and Building Department Luis Hernandez, Planning and Building Department Garry Williams, Planning and Building Department Miguel Tapia, Community Development Jose Dorado, Community Development Mandy Mills, Housing Sarah Johnson, Housing Silvester Evetovich, Engineering Division Jim Newton, Engineering Division Frank Rivera, Engineering Division David Kaplan, Engineering Division Ben Herrera, Engineering Division Hasib Baha, Engineering Division Khosro Aminpour, Engineering Division Rima Thomas, Engineering Di vision Michael Maston, Engineering Division Gary Edmunds, Fire Department Justin Gipson, Fire Department Lynn France, Conservation and Environmental Services Department Others: Dee Peralta, Chula Vista Elementary School District Sweetwater Authority 10 4.IlD.o"T Date Date Date 2. Documents City ofChula Vista General Plan Update, 2005. Final Environmental Impact Report, City ofChula Vista General Plan Update, EIR No. 05-01, December 2005. City ofChula Vista MSCP Subarea Plan, February 2003. Final Air Quality Report - Los Vicinos, 1501 Broadway, ChuJa Vista CA, dated April 13,2007 Preliminary Geological Investigation for 1501 Broadway, Chula Vista, CA dated October 17, 2006 (Leighton and Associates, Inc.) Phase I Environmental Site Assessment for Los Vecinos, Chula Vista, CA dated August I, 2006 and addendum dated April 3, 2007 (Leighton and Associates, Inc.). Preliminary Drainage Study for Los Vecinos, Chula Vista CA dated March 14,2007 and addendum dated April 2007 (Lintvedt, McColl and Associates, Inc.). Preliminary Water Quality Report for Los Vecinos, ChuJa Vista CA dated March 13, 2007 and - addendum dated April 2007 (Lintvedt, McColl and Associates, Inc.). Preliminary Sewer Study for Los Vecinos, ChuJa Vista CA dated March 19, 2007 (Lintvedt, McColl and Associates, Inc.). Noise Study for Los Vecinos, Chula Vista, CA dated February 28,2007 and addendum dated April 2007 (Kimley-Horn and Associates, Inc.). Traffic Site Access Analysis for Los Vecinos, Chula Vista CA dated February 8, 2007 (Kimley- Horn and Associates, Inc.). 3. Initial Study This environmental determination is based on the attached Initial Study, and any comments received in response to the Notice of Initial Study. The report reflects the independent judgment of the City of Chula Vista. Further information regarding the environmental review of this project is available from the Chula Vista Planning and Building Department, 276 Fourth Avenue, Chula Vista, CA 91910. Date: Stephen Power, AICP Environmental Projects Manager J:\Planning\MARIA\lnitial Study\Los Velocinos Wakeland\!S-07-017DraftMND.doc II -- ------ \\c\~~CI7~g~ \ . ~ _I f I I I f l.L r ITT f T \ ~ s;a~rnmE \ ~J t ~ ~==~ l" m\:1 1 U V)C\ \ ~ = ~..... f-1111 ~ == ~~ t= II ~ \ - = - .......:........ I = - __...-..._r-:.......... , _ _-...-...-v_ - -- --...- = ) = -- ...-...- y J -- -- \ IYI -,,-\\\\V LOCATION ~ =; tHE E l I I I -rT 1 \ -v 11 - ) 1- III I f-- I-- I-- C-. I-- - - -, " I ] I Anita St ~ I I f- - L..- - - - - - -- = =- -- (f) = -- <: - - "' = - OJ> (f) = - ~ - - - = ~ - If 1/1 r I I I I - ~~ - f- - ,-- C HULA VISTA PLANNING AND BUILDING DE PARTM E NT LOCATOR PROJECT Wakeland Housing & PROJECT DESCRIPTION: C) APPLICANT: Development Corp. INITIAL STUDY PROJECT 1501 Broadway Project Summary: Proposed: 42-units of affordable, multifamily ADDRESS: rental housing with a community center for residents. SCALE: I FilE NUMBER: ~ No Scale 15-07-017 Related cases: PCZ-07-06, DRC-07-27 & PCC-07-037 J:\planning\carlos\locators\is07017.cdr 12.28.06 ,EXHIBIT A ATTACHMENT "A" MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) LOS VECINOS -1S-07-017 This Mitigation Monitoring and Reporting Program has been prepared by the City of Chula Vista in conjunction with the proposed Los Vecinos project. The proposed project has been evaluated in an Initial StudylMitigated Negative Declaration prepared in accordance with the California Environmental Quality Act (CEQA) and City/State CEQA Guidelines (IS-07-017). 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. Geology and Soils 3. Hazards/Hazardous Materials 4. Hydrology and Water Quality 5. Noise 6. Transportation/Traffic 7. Mandatory Findings of Significance MONITORING PROGRAM Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinators shaH 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-07-017 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 18-07-017, 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 \lnitial Study\Los Velocil1os Wakeland\I$-07-0 17MMRPtext.doc E i" c: ~ c: a ::;: c: .S! ro ~ r-- o r-'- o ch en o c: Ci '" > en o -' ...... '" .0 .. I- :;;: <( c:: <-' o c:: Q. ...t'J 2 i= c:: o Q. W c:: C 2 <( (!) ,2 D::: o !::: 2 o :;;: 2 o ~ <-' i= :; ~ i: ~ E E o (J -g ~ ;; 0 c. - E en o ]j t,) 'c " :c "in >. c:-e o ~ ~o. " 0: _ c: o 0 0:;::: c: ~ :~~ .... " > ,~,'t; 0..8 --'- "'. ciii ">: I:: " 0 0" - . . " 0 a. 0 " '-- ~ " 00 ~ 0. _c: o 0 "0:;:: o ~ ..I::.S! -- Q;I 'C :; " > " ~ ~ ~ " :; c: g ~ g ~ >- .... :J << =0 o 0: " c: 0 OZ ;; Q) ~ ~ e>" '" .- ~ :; ~ :; E l" c: g c: o :2 c: o ~ co ~ t"- O ,.:. o ch on o c: 'u '" ~I '" c: i2 >> 'S ~ 5~ U OJ:g c C :;::,.~ aJ ro w c Ii5 E 0) E .~ ~ 1ii'~ ~ 8:'~~~at 4:woQ.O - x x ~ '" .0 '" I- x x 2 en :> u c: ~ 0 ..c:~ Ui;5 c: ~ m '" 0: c: ~ D", rom .c'" '" c: ",,,, co.. IJ.) Q,J 01 :g. E.S.. "S ~ g '* E '~E'~ '5 ~-ge c c ro 0.. ,'2 o . ~ :.= CJ)ro .~:6 ~ ~ ~.~ .c~ ..c:: =-DO ~ i.3 II) 0"= ro ~~ "m ~ o. "'- '" .:;:05 2 ~ a g a c U'J" ';~~ .c.c~ >-"'"0 - ~ ui 11)~ ~c: o ~ "2 ro ~ u E :.s ~ m "0 .~ 0. ~ ~ ~ 3: .Q C 8- u Q.) cD 2 ~ ~ V} 'S 0 8 cr i!3 u ~ '" ~ .9 .E ::3 '0 c "E 2 0 ~ ~ ~ C 0 -6 rn u ~ ~ n:i "& .g 13 3 ~ .Q Qj ~ ~ '" '" :::J :::J "''' o ~ ~ E c: ~ .E 'S -sg .~ c ",0 ~'5 - ~ Hi c: c: ~8 . . . . u ~-- - c: m ~ rn E u 0. W"S '" 0- :::J~ "0 ~ " 3 o '?- ID '" ~ i3 .2 " ro ~ '" c: E ~ Co o . ~c i;5 ~ "C' E .- ~ w 'S '" 0- :::J ~ . ~ N E E E .8 ~ 'm "0 ~ u 1 m ~ ro c: o 13 2 ;;; c: 0_ u "' ~ ~ .c"O - ~ ~ > %;:e S2 . .9 .9 ~ :0 'in '" o 0. "' m ~ '" u S 0- "' ro "' . on m- "0 ~ ~ C'O ro "0 ~ "0 ~ aJ .2: TI:'= m '" ~ ~ "'- ~ ~ N .!:::! E.~ m c: (jj "E ~ :0 'in "' o ~ "' m ~ '" u 'S 0- "' ro . . " ~- c: "' m ~ E"O ~ ~ ~ N 0.._ ~ E ~ :~ 0. E ~ m (; ~ E 2 a "0 ill~ ~~ ~.~ 0_ ~.- ~ci ~ c: ~:g 0.."3 ED 0'" ':::.!:: ~~ :5 "'0 E ~ u 0 ~rn ~ ~ ~ ~ :::J1J, rou c= ~D ~ ~ ,,~ ;;:: 0 0- w.Q .:!!o.. o ~ O~ - "' - c: gj.2 -a;-g .c~ -;ti) > c: 2.8 ~ m o c: wE ~.~ ~:S ~ _ m_ "' ~c: >.- ~ o..~-O ~~ e . . .Q 0. c: o 0. m "0 ~ > m ~ m o ::::: ui c:"o ~ m u 0 '" ~ iJu \13= D "' 0 " ~ .c c: '" 0 ~ ~ w~ ~ .c ~ 3" =:2 '" ~ ;;; > Eg . .~ :0 ~ ~ "0 ~ wa.i > u ~ ~ o ~ .s ~ So 90 TI ~ m_ bE ~ 'E "r;iio "S; C'") >>.S C:.c ro:-= ~ 3 ~JQ ~ ~ 0:;;; a "0 c: ~ ~"O .c~ - > -m m~ - c: .S ::J o c: ~o "'- '" ~ ~ > u m u ~ m ~ i5:Q ~J: u ~ . 0>"0 ~ ~ - >. ~ "' c: ~ 8 ~ B ~";: 0 ~ m"' -"0 m ..c-tJ:: "' 0 "' ~ ~ ~ wf5~ > '" ~ > ~"' . . N o bD m 0. " ~ > ~ 0. .8 :g.g c: m o 0 u ~ c: u ,2 :5 "' 0 o~ :;; 0 (Dc _ 0 ~- .s .~ Q52 ~m " E ~ ~ '[5~ ~~ ~ 0 ~S "00 ":; i5 e '" 0.3 3 '0 '0 -g .1d~ II) ~ >>7i.i c ~ g- ~2:[ gciJ:::J...:ggE .- C C:J '- 0 N=OOtnroU ::: ~ Qj:: .~-5 OJ 1I)..c: > aJ ro (/) a. roO)~o..8m~ ~_i; - U) ?P" ~,-"OaJ_::t::'- ~i5i5E~~.a .[ij:t:: Cl) l!) t5 >.:: c9gN2t~ ro ~ ctlv E ro ro 0 E.Q-8~~~~8 .......c .3 u ro 3 y.3 O~.~~oooVJ (/):J"O -..... -D<J:::~(I)5:2J2 :J ~ 0 c ~.-:;: 0 <J ..... (/).-.....;>0 <( C ::: g ro ~ Cl) (f)U rn ~~"O~:s-g(f.).S ::~~B]5~~ ilJ..c C,.rn'::: o...>=.u 6lli~s:f?~go U..:::CfJ(/)a:t)(/)> . . . . E e 'E .8 .C' o ::< c: o ~ ~ r-- o ,.:. o ch '" o c: 'u '" > '" o --' ~ 0> C !2 'S >- tD~ E-o~ ~ ~ ~ g>c iij g E ':i3 E ,g'c~~15 ~~ ~g2" <:(o...DWD ~ .c CO f- ~ ~B .~ Q) -a..-E c ~-g (!) (1J ~ (!) ro J:::"-.D :5Q);;~~ 2-~~g~ 'E'5J~CJ CD ID~:: c8 D.>,O('tJN c:.~ ro.S r--.,- .Q().~E.-- uQ)"E~,- .s,s8a:15 ~Bu(!)..9 0a)::::50 .:: ~ -~.~"O o (D Q) U) ID QJ:Qo:::C-ro g6;-ro2-O ro w..... ro c:- ~ :g ai -g.Q .~ 6 E w q; . 0'- c E .~-g ~ -=-J; E"'V; ~ .Q ro E 8 ~:;:; o:-5iw~..srn N '" c ::g "5 >. rn~ E-g~ ~ rn ~ c '" E rnc_ .~'c rn ro Cica.5:I a..!!! Q) c: Q) <(o...owO x '" c :Q 'S >. CD:'::: c-oU U c::g 01-- ~ro(Dcc c: 0) E'~ E ,g'~ ~.~ ffi 8:~ ~ ~ g- <(o...owo x x x 2 en " u c ~ 0 .1:::;: U U ~ C ~ rn '" D:E " . 0" ~~ ~ ~ " c (I) 'OJ = c gw - ~ ('0:': cu ~1! ",- '-='0 E c ~ 0 0.+= ",g c- .- '" "0:..:; rn rn 6>'" - ~ O~ ~E ffi~ o " '" rn .~ 0.. ~ ~ 5"- E15 .12 ~ o:~ a: ~ ID E g 5 ."0 o~ 15 ~ Q)'t: 0"'0:;:; 0 ~l1)uC~E -0 o..u ro""6 Q) c:::=::(lJU)o...O ro ~.~ ~.: ..... -gUJc=<t..2 g?.9E~~~ <1) UI1>-o =:5"'0 ,g~ro20@ roC.D",ou....... .0 ctI c: 0 (/) ~~cro2'1 ~~.ro20~ .~ E 0..2:1 c:'-- UQ}-OU)ro""": ro ro :grtiiJ.HO C..o ro U 01(") .2 ro.D 0 c W =-0-0-15:3 OE~m~~o:::c 11)--rogug -0 -g-g g '-.E ro >. ro ro a. U) U) > @V)U)g-ao~ 00 -- _ Q) g>iii UJ ~ ro e c::: ';::1515:5~cu 8~~'~~8~ co ~ '" c ~ 'S >. co:'::: E-g ~ 0)-- ~ ro a5 c c c: 01 E ~ E .~.~ ~ ~ 1ij 8:~ ~'g g- <(o...owp Q.J5 _ 01:;::; C 0 ~~.~~c -"~ ~ '[ijrn>oro CD.. !IJ -D ~~:~Cf)_ ID-o, ~.E D..~6'E.9~g;13ID ~-- .~ ~ .... a. ~ t5 ~ e 0.= ID ~ E ~ -- 'ffi ID co ~ c ~ ro .9 ID g ~ rn __- ~ .~ = (5 !IJ roE ro c -0 = .~ E en 'E3tJ)..c:.t:~ ID~IDOc.IDe w5tiJ~5~~=:-~~~'SO- o..=;:;':;...,U 3..0 0 ro aJ';:::U CJ"~ 01 g U 0..;:;'''''' :;..., ID :s 0.. 0.. ~:.;::; .~:::JaJErocr~ot5lDQ5cco -g 'c..c 0 ~ ..... ~ E 2 ..0 ID 02 Q,) 0. .... of- wOo o-....-:;;;.S13 c aJ o;w !IJ....~....O~t'\]CI::JC\1O:: m.~ u; ~2 .2 ID 5-ffiLD~ E-g -- c-roOrocl:: aJ o -g ~ o..s Z ~ 0 iii .?- 5 0. ro aJ.,= 0..01 ....-o~.r[!c..u- u ro 01 (.):J01~roaJ(I) r/J --.~ I:: cr C '0 c'2 -'-:"'0- a.. (I) 0 a;o .... ~ ~'6 ~.20~~~2:5c E..g ~a;o~O>OJc~~coa:J.oID8:s .-.c O>(ij ~.Q c aJ C c E ilJ ~ ~rn(ij.g ro ~g-gg.Q~;;; C ~~& ID'CCt: ~ ~ g ~t5 ~~-Q :: :;...,aJ-E.E o.t:g.bb~ E!lJro .Q3-Erorn~~iii~~~ERig O:tno:5uo8a.88~8o..~ .n '" c :g 'S >- a:J.~ ,q-g:5 0)-" ~ro~cc c: OJ E ~ E ~.~ t aJ t ._ C ro C ro 8:~ g-'~g- o::x::a..owo x x x "' x ~ co rn 0.. 2 en " u c ~ 0 ..c:.;::; UU ~ c ~ rn '" o.::E "C "'''' ~!IJ C ~ ~ aJQJilJ::J_ g~E;..o.S:{J ~ ._:.;::; U - -0 QJ C 3~~~~E(!) u aJ e ___ (!) E-o Cl:lO"....C!IJIDc :.;::; i::' ffi aJ (!) 6 ro =." ~-o.~ ~~ D-~ E 8.~ ~D. "s'~ (!) E -- W.9 E -0 (!) . ~2.S,qw* ~'6,.9 '~III-ilJUCGJO)c~ 1:J ID..o 11i'- C W._ ro:.;::; =:..c.S c::o >,"E ~'> ctJ -" ctJO(ij t'\];::;: 0 rot3~E-D.a enU8 -ro!IJ1:JEE(!)Q,) o c>>aJ(!}..........c-E3: Q) C _u coo ~ __ Q) (.):.0 5'Etnu;.S 0"5 Ri.g~QjC(!}1:J6~ ~ .... _ _ (l)..c Q).- ~C>>QQ,)>-;t5uro '-1:J-E'D (!) c22c (!) C Q :{J ro 'i:: ID.:2 Q) == ro U --02..... ro E ..9 OJ C III (!) C Q,) If) c: .....2.Q~~Q)::Q,)e .Qro~'>6Ern:S'> O:~ Qj~ c.~-5i..9~ cO E !;' c: ] 'c o ::;; c: .!2 rn "' :'I .-- ~ o ,.:. o ch '" o c: 'co '" > '" .31 co c: ~ 'S >- CD.'!:: ~TIU B ~:g gc ~ OJ E ~ E .~.~~~~ 8:~ g:g ~ <(Q...owo co co CO c: c: c: :Q ~ :2 .s>. "s>, 's CO .-= OJ ~ CD ~"'Ou 2';-~~ .2>0 uffi:ggc0rocgc~ffi~ :gO)E'~E~OJE~ECOJE r5.=t Wt:: B.=t:: Wt rc C_ ._ c ru c rc ._ c ro c:: ro .~ .;:: ro 8:~ ~'g Cl) 8:~ g-.~ (!) g~ ~ <(o...owo <(D...DWO <!Cl..O CO c: i2 .S >- m::= "::-uu U c:;:, 0)- :;:, ro a3.S ai ffi g> E w.s u'- t (lJ '-- = C ro.!: rn g~ g- ~ g- <(o...DWO ...,.,::,r; a\:3 X D..;.Q ;;;;;""'" x x X X X X X X X .2) .2) Ui Ui :;, :;, u c: u c: ill 0 ill 0 -c:;::; -c:,;::: U u U u c: ill c: ill 0. 0. 0 W 0 '" 0: c: 0: c: 't7i:;; Ci:"" ~J5 X C,U X ...... OJ ..0 ro I- X X .2) Ui :;, u c: ill 0 ..1:::;::; u~ c:o. 0", o:c: ~2 ~ _~o~:g~(f)J!J c:ga3 ~ ~~ .~~~(l)~~.~~m _~uo9'.~ OD (l)~ -'---0 M' "SE ,y-. ~ :,;:::c w"EO N~~(l)O~*~~_ ~- (l)~ ~~ ~.crcE,--~.~~gOOu~~2~~~~~~ -(f) D OO~~~.~~~CC-'C C(f)"'O-o ~~(l)ro~~~~.5o"'OEroE-OE(lJi~o~ffic 8~~~3i~~~u~S~~~~2~~.c~~>-~ffiwDE _ X 0 _ w ;:>~"0 _ ~.!: '@ 2 g:..~ 2 ~~ ro U 0 ID .{g -0 (I) C g" ~.~'--"'O~o"'OM~3DUOO~fi~(f)~E~~5.c::c~.QOJ"'O Erc22 (f)~_~'--2wccrccc~._-'-c~rc,--~c~ ,--_wc~IDuo~_g~5g~g8g~.~~~~~(f)~~=5 w.~E::;(.)o.=...""WD... .....~ ro,y -"",""" 0....0...- ~o.-ow~~~a.~E~~.~~~=~~~~~~~_~wE g~~~~oro~~wow~o~wEro~6~w~~~~~E ~~R.n~~EID.5~UEcc~ZWID~~S~~:~IDIDO ~'V~ ~ u~~~~-v O>uDo~~~,vW~~D ~EES~~~ES~D~~NE<~'5~~~wro~c~=~ D~~w~~E~D~=>'6!um.~e~~~~~~illC~ owcrnocroEoo~~z,-wuca.~~u~o .Ew~~ -0 -OD_ ~ ~~ ro ill ~roa.N ~ ~~~~W~ cmo.~w~wo~~BE '~e~o-'~~- CD W :5 ~ g l;'"E g ~ ~'6 N :5 u ~ :1311 ~ 5 0.. a. E I? 6-.- ~ ~ ro ::::J._ ~ a..=. _ ro rn ~ 0 c ~ __ w ro E c ~ '8 _ w . co w'~:.c 'S ::::J~~m~~~ ::::Jro~~~-D~ m~wmDro~cEwc ~~2~ccw:5~~ ~~~~-mE wu=oc~o>rn m_c8~85'i~~~~~~::::JE~~.~EB8~I?~U;5~ _~o_ocro~~wroco- ~::::J::::JW -~~E2w'- =~~ro -c~- ~-_~~_~~EEro~u .-c~S o~roe~B'ffi~O.~~w~o~ocwcrn.~~c ~~::::J'i ~~~~'~~E.~~~o:5~~wo~=~e~.2~~oOE~u o C w ~ ::::J ~ _ x 0 rn "'C - ~ u w ~ U'5 ~ C ~ E I? U._ c w ~ro=rn~wrnW'ccErnwZ.~>::::Jmc::::J::::Ju o=ctlo- ~Ectla.~~E-~ro~:5~u~WE~w~~ro~~<Eu~ ~ ai '" co; X X X " ~ on ro X c.. .2) Ui :;, u c: ill 0 .r:~ U ~ c: 0. o '" 0: c: ill _:5 ~-;:-w ~o~u -2.~~ ~ a~-E g~~ c~C:::::J_~c~ f3i:6~o2<..s.3 D..1n~Ecm~u} g-~~g8;g-5~ w~~::g;::<(~ .,s~ww'oocnw _-u~c<l)u~ .~2Bo_<I).~~'g E -6rn -g .~~ -g C w::::J.~roocroW ~~"2UQ.Jgrn:.a ~~g<C:5..oS~ :Q'6US::5t'~ ~ '5c~u'imwo ..oc.~2~g.E~ O~~3~a.Ei3 rn 0-0::: 0 a. m ~..c: >w-EE..c:::.-(!) e~.!9~o=cE a.::::JcouroQ)~ c..!I) (\,) o'E we>. . roroE-=wu'~.gw .9~5~E~-aCJro o15'5;;:'~'~~'~ ~ it ~ ~ l; g ~ 2 ~ .<1) ;: J g] 1 g c o 2 c .2 ro ~ r0- o ~ o J, w o c '0 Q) ~I ..-- ~ ..c '" I- 0> C ~ co ~TI c3 C - ro c :0 Q) C 0> ~ ~.:= -E .- c: ro CiCo- C-~ Cl) <1:0.0 x x x x 2 ~ ~ u c Q) 0 ~ t5 u Q) c ~ ro w D:E ~ E 'c Q) e :Jw......_-o OJ'o :5 ~ c .~ C"I W ro rooDQ}"5o ~~~.~ e (fJ 0...-- <f)-O QieE'5~ C a..:J , 0 o a... E Q) 0... i6~:~~~ 6"0 E ~ (l) u.2ro--:5 .:::g>.~o ~ rn"-..c u..... E -oITjv..Qd)2 C J:: 1J)..o:;:; <f) ro_ V) aiii5 ID ~ ~ t!1 ~,s g- c ro c u...... '- 0 -.- <f) W 0..:';:; -:g Q) 0._ ro ~-S.D ~.~~ E..o-oroc~ :JUC:a.(!)> a. QJ C'IJ 0-32 _ a.'o"CB IJ) r5 .9 a.. w '0 ~"c ow~eE~ 2=-ro.crou ;.x: s -g F ~ E N ~ ~ u '" ro 0. u o TI :D Ii: '" :;0 :;0 ~ " ~ '? ~ :;; o . " ~ o " " o o U o " > ~ ^ TI o co ~ :< " -< '" i ;; 0:: A TTACHAfENT c' 6]~ Cti!:a ~~Vision 2020 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 Design LUT 41,13 Prior to or concurrent with the approval of the first specific plan or other zoning regulations in the South Third Avenue Districi establish a design code that reinforces the safety and serenity of the area, and seeks to establish a cohereni aesthetic, international character to the Southwest Planning Area. LUT 41.14 The specific plan or other regulations prepared to guide developrnent in this area shall address design issues that create a sense of place, a pedestrian- friendly environmeni enhanced pedestrian linkages, and compatibility with the scale and feel of a cohesive neighborhood community. LUT 41.15 A specific plan or other regulations in the South Third Avenue District shall require of wide sidewalks, through-block paseos, and other appropriate design features that enhance the pedestrian environment to link high-use areas, such as the post office; library; park; or a concentration of shops, with transit stations or transit stops. Amenities LUT 41.16 Community amenities to be considered for the South Third Avenue District as part of any incentives program should include, but not be limited to, those listed in Policy LUT 271. 8.4.2 South Broadway District --------------_._-_._.-._------_.._.---------_._-~~-------------~ Description of District The South Broadway District (Figure 5-22) extends from L Street to the City boundary at the Otay Valley. Existing Conditions The South Broadway District includes automobile services, major retail stores, and locai-serving services for adjacent residential neighborhoods. Automobile-related/service repair shops currently exist on South Broadway from L Street to Naples Street and are not compatible with surrounding uses Page LUT-144 City of Chula Vista General Plan LAND USE AND TRANSPORTATION ELEMENT - - Vision for District The South Broadway District includes additional residential units along South Broadway, and the phased removal of conAicting automobile-related service/repair shops from L Street to Naples Street and from Palomar Street to Anita Street The District focuses on increasing the viability of retail shops, providing for needed housing opportunities, and improving the appearance of this major corridor. Automobile-related shops are focused within areas designated as light industrial areas, west of Broadway and along Main Street. This is a compatible location for necessary automotive services and avoids land use conAicts on South Broadway, north of Anita Street Revitalize land uses along South Broadway betvveen L Street and Anita Street Uses LUT 42.1 Encourage the development of residential unit.s, mixerJ with appropriate retail and professional office, ill the area designated as Mixed Use Residential between L Street and Naples Street LUT 42,2 Retain retail uses between Naples Street and the SDG&E utility easement LUT 42.3 Encourage the development of residential units, mixed with appropriate retail and professional office, in the area designated as Mixed Use Residential between Palomar Street and Anita Street LUT 42.4 Encourage the relocation of automobile-related service/repair shops from the South Broadway District north of Naples Street and south of Palomar Street to more appropriate areas, including within indust.rial areas west of Broadway and within the Main Street District, with consideration to effects on adjoining residential neighborhoods. Page LUT-145 ~w?- --- '"'~ CHULAVlSTA ~~ Chl!la "" VIsta \~~~iEJ ~.~ Vision . 2020 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 LUT 42.5 Designate uses on the west side of Colorado Street as Light Industrial. LUT 42.6 Strive for a distribution of uses within the areas designated as Mixed Use Residential be1\^leen L Street and Naples Street to be retaii, office and residential, as generally shown on the following chart: ~ o Residential o Retail . Offices LUT 42.7 Strive for a distribution of uses within the areas designated as Mixed Use Residential between Palomar Street and Anita Street to be retail, office, and residential, as generally shown on the following chart: C) 0 Residential 0 Retail . Offices LUT 42,8 Implement the Broadway Revitalization Plan, as adopted hy City CounciL Intensity/Height LUT 42.9 In the South Broadway District, residential densities within the Iv1ixed Use Residential designation between L Street and Naples Street and be1\^leen Palomar Street and Anita Street are intended to have a District-wide gross density of 30 dwelling units per acre. LUT 42.1.0 In the South Broadway District the commercial (retail and office) portion of the Mixed Use Residential designation between L Street and Naples Street and between Palomar Street and Anita Street is intended to have a Focus Area- wide aggregate FAR of 1.0. Subsequent specific plans or zoning ordinance regulations will establish parcel-specific FARs that may vary from the District- wide aggregate (refer to Section 48.1, Interpreting the Land Use Diagram, for a discussion of district-wide versus pa rcei-specific FAR) LUT 42,1.1 Building heights on both sides of Broadway and along industrial Boulevard in the South Broadway District shall be primarily low-rise buildings. Page LUT-146 City of Chuia Vista General Plan LAND USE AND TRANSPORTATION ELEMENT Design lUT 42.12 Encourage the upgrading of older and/or marginal retail uses along the South Broadway District lUT 42.13 Prior to or concurrent with the approval of the first specific plan or other zoning regulations for the South Broadway District between L Street and Naples Street prepare specific guidelines for the development of mixed use projects on South Broadway. lUT 42.14 Concurrent with the approval of zoning for industrial uses at the northwest corner of Colorado Avenue and Naples Street in the South Broadway District ensure that light industrial uses on Colorado Street are designed and constructed to: front on Colorado Street provide parking and entry door access on the west side of buildings; and be appropriately buffered from residential uses. lUT 42.15 Prior to, or concurrent with the approval of the first specific plan or other zoning regulations in the South Broadway District develop siting guidelines and criteria for locating automobile-related service/repair shops in areas that adjoin residential neighborhoods. Amenities lUT 42.16 Community amenities to be considered for the South Broadway District as part of any incentive program should include, but not be limited to, the following, and to those items listed in Policy LUT 27.1 . Community center or community-oriented gathering facility . Sidewalk widening . Pedestrian and landscaping improvements . Streetscape improvements . Recreational and computer rooms . Mentor programs for education and entertainment Page LUT-147 ~\If?- - - =cr CHULAVlSfA :! ,\, "'-.; -5 :> - - ..:::CQ Uli:LD i~iC>U~~ ~i;~, ."" LVI,[[) i'OUS"'~:!AL~ fLS, :...Cw.~....~:;D. "'>'\I"",~ ;NOd2<,; .t>.:- >,~~ . eU'i. -,: ",;, :'FU~L,:::: ~:~!~I'~ F,~~~~~~' & Southwest Planning Area South Broadway District >, ~ ." ~ "- (Q ,;-; ~ ~,; ;.: r;L:;.,..!i,(:ih :: Ii"' "~ U' "" ~ ?;: RLT!,j, ~ :0" l , ,';;.:' '"' rTL.\:L.. Em'", '-" .v R[3. , ", ~ f:~';;L.. f';.:2-,;J',';.I,(:Ef,'. ~ ~ U:<t L St. Moss Sf. Naples St. Oxford Sf. Palomar Sf. ~. ,,>~R:..'\I'L'" ~'.,."q"q> 4 "'q.. "E'. ,,\t'TLC i'E;US;l~if\l f::.:.:. f'.L5. ~ NOT TO SCALE '.1~~r f-:<, I,),;, ~:V;':L) 4_. '~'rf<i $: , t ~,,:';, ,"',,- "",L L,~::' c., LEGEND !ill EAIST;NG T::O:ANS'T ST':"T;ON :!-L-'~i:::<f:;..c..L <: Fig.ure 5-22 ....... . . - FJTURS- TR,;,"./S,T RO..17E AREAS OF C'-{A,"IGE EX1ST!NG L.AND USE Page LUT-148 City of Chula Vista General Plan ATTACHMENT () THE CITY OF CHULA VISTA - PLANNING & BUILDING D 276 fGaeth Ave., Chala Vista, CA 91910-2631 SUBJECT: Los Vecinos, 1501 Broadway MAY 02 2007 ~~ N,-\c*'Q. F We the under-signed residence of the "Old" City of Chula Vista neighborhoo ,in the vicinity of Main Street, Anita Street and Palomar Streets at South Broadway, ARE VEHEME to t e construction of a the proposed, three (3) story high, "Los Vecinos", rental housing building in our neighborhood. This proposed three (3) story high building is being forcibly wedged into an existing residential area that consists totally of only two (2) story structures, requiring extensive variances of the City of Chula Vista Building Code requirements; Density, Parking, Building Setback, Open Space- naming just a few. We the future neighbors of this monster DO NOT WANT IT IN OUR NEIGHBORHOOD and ask that the City of Chula Vist abide by its promise to our community when it annexed us, from the County of San Diego over 30 years ago, to strictly enforce the Building Laws it has imposed on all of us equally all these years. We love our community and work hard in keeping it a grate place to live and ask the City not to abandon us. EN ESP ANOL Nosotros, que nuestros nombres y direcciones escribimos in este documento, somos residentes de la ciudad de Chula Vista y vivimos cerca de las calles de Main Street, Anita Street, y Palomar Street y al sur de la calle Broadway, ESTAMOS IN CONTRA de la construccion del edificio de tres (3) pisos altos, el "Los Vecinos" proyecto, en nuestra comunidad. A fuerza y in contra de la ley, se proponen a construir este proyecto, con su edificio de tres(3) pisos altos, en nuestra comunida- entre medio de edificios de solamente dos (2) pisos altos. Esta construccion esta contra la ley de construir edificos in esta zona par la ciudad de Chula Vista (City of Chula Vista Building Code). Nosotros, los residendes de esta comunidad, quedamos de ser vecinos de este monstruo edificio, y NO LO QUE DEMOS EN NUESTRO HOGAR. Le pedimos a nuestra Ciudad, al el alcalde, de Chula Vista que cump]en con su promesa de tratar ]os a todos 10 mismo, quando empleando las leyes de la Ciudad de Chula Vista. Eso los prometieron, ya hace mas que treinta (3D) anos, quando los anexo de el Condado de San Diego. A nosotros Ios encanta nuestra comunidad, y trabajamos muy duro para continuar ser orgullosos de nuestro vecino y Ie pedimos a la Ciudad de Chula Vista que no !os abandone. NAME I NOMB_7RE~ DATE / FECHA ADDRESS! DffiECCION ~~~ _ '1-7-7- 0 7 /S"Li7 Mo10,DW-1Y 4"7'3 G ~q ~4 1/-;).9'-19 -;7 7;;< g-- aN~.;r':T'7 . ~~A ~ ' L -2 _ . ~s: ~~;:;q ~3 -:tJ:!:j1 tffp Gf'2-; u7 / <J'6 ~-;;t-'4r(JJ ~~ 'T--- i., l' cf) > '1----- jy-~1 ij-/~I/Ij- a:;- 9/ ~ Ht.JAY- . / ~/.Z1-0! ~-3~ 'T~/;-:)j.Jl: 'Y9~ ~^ -Arf2c ~ iJ~ '-W-tJ/ ~ J}/,I//q- ~6B (.Jesus C~tvUVOk O/.f--;2q-oJ- 630I1N///rST#8if... J.!)~L.J:;U t'o,rz.I't}6'G.. 0</ -:)...9-01- ~3:2 Av'fT1l- S!-j1f /tJ6 =feY ~~~ ~1~?~ S-32:~17~-J(#ldr / rA8(cel r' I f'* ~___ _ ~l ",<Jzr T 1/=111 /c7 1-: F:\Personal-lofl\CV Condo\CV BLDO PhOlOS\CV NEW BLDO\LosVccinosLeucr.doc THE CITY OF CHULA VISTA - PLANNING & BUILDING DEPARTMENT 276 fourth Ave., Chula Vista, CA 91910-2631 SUBJECT: Los Vecinos, 1501 Broadway We the under-signed residence of the "Old" City of Chula Vista neighborhood, in the vicinity of Main Street, Anita Street and Palomar Streets at South Broadway, ARE VEHEMENTLY OPPOSED to the construction of a the proposed, three (3) story high, "Los Vecinos", rental housing building in our neighborhood. This proposed three (3) story high building is being forcibly wedged into an existing residential area that consists totally of only two (2) story structures, requiring extensive variances of the City of Chula Vista Building Code requirements; Density, Parking, Building Setback, Open Space- naming just a few. We the future neighbors of this monster DO NOT WANT IT IN OUR NEIGHBORHOOD and ask that the City of Chula Vist abide by its promise to our community when it annexed us, from the County of San Diego over 30 years ago, to strictly enforce the Building Laws it has imposed on all of us equally all these years. We love our community and work hard in keeping it a grate place to live and ask the City not to abandon us. EN ESPANOL Nosotros, que nuestros nombres y direcciones escribimos in este documento, somos residentes de la ciudad de Chula Vista y vivimos cerca de las calles de Main Street, Anita Street, y Palomar Street y al sur de la calle Broadway, ESTAMOS IN CONTRA de la construccion del edificio de tres (3) pisos altos, el "Los Vecinos" proyecto, en nuestra comunidad. A fuerza y in contra de la ley, se proponen a construir este proyecto, con su edificio de tres(3) pisos altos, en nuestra comunida- entre medio de edificios de solamente dos (2) pisos altos. Esta construccion esta contra la ley de construir edificos in esta zona por la ciudad de Chula Vista (City of Chula Vista Building Code). Nosotros, los residendes de esta comunidad, quedamos de ser vecinos de este monstruo edificio, y NO LO QUEDEMOS EN NUESTRO HOGAR. Le pedimos a nuestra Ciudad, al el alcalde, de Chula Vista que cumplen con su promesa de tratar los a todos ]0 mismo, quando empleando las leyes de la Ciudad de Chula Vista. Eso 10s prometieron, ya hace mas que treinta (30) anos, quando ]os anexo de el Con dado de San Diego. A nosotros los encanta nuestra comunidad, y trabajamos muy duro para continuar ser orgullosos de nuestro vecino y Ie pedimos a la Ciudad de Chula Vista que no los abandone. NAME I NOMBRE ~ r~GvJJ , DATE I FECHA '1-:2 -0 LI.,,/ 9 ""-] -- - o--/.- 2- .Le! ~ - 0 i- t:- s))4 RzA )1-21-07 ADDRESS I DlRECCION .s3 Z /711//74- .f:/:))o S oS. r ria r/ -lJ5..P Jl cS ar I/-rv{' ~:# Sf. /S Y7 !3/2()ltlXu/t-7 # L/ / F:\Persona!-1 of1\CV Condo,CV SLDG Pholos\CV NEW BLDG\LosVccinosLe:tler.doc ~!f? --- p - ".TTACHMENT 7 P I ann n g & Building Planning Division I Department Developmenl Processing C/IT OF CHUIA VISTA APPLICATION · DEVELOPMENT PROCESSING . TYPE B Part 1 Type of Review ReQuested o General Plan Amendment D General Development Plan DNew (or) DAmendmenl ~D SPA/Specific Plan DNew (or) DAmendment Zone Change DEC 1 4 2006 Tenlative Subdivision Map D Annexation D Other: STAFF USE ONL Y Case #: f'C2- 01- OVJ F;ling Date: 12). \4 . 0 c." By: H.~ Ass;gned Planner: N.., '1~ 1'11' np't1 Receipt #: Project Account: BjI, - d..\ .., Deposit Account: ,Yo 5" Retated Cam: T '-,-0'" - 0, :' t'f'( -"1- dol'} P(C-Ol- 0:'1 A lication Information Applicant Name: Wo. ~elu.r.~ ft6LJ':'\l'1g tJ.YVJ. DeVelCJ~ CO"'POY"oJ-\OIV Applicant Address: 1..12.5 P,""Ot;d~'C), k. /000. ~ Dietp. LA q 2/0 J Contact: ~e~cc/it L-DU'I~ '-' Phone: u.lliJ' 2.3,5. 22.orlJ )(,3/3 Applicant's Interest in Property (If applicant is not the owner. lh~ner's authorization signature at the end of this form is required to process this reque~t.) DOwn ~ lease lAIn escrow D Option to purchase . ~ 'i:io1fJ-' Engineer/Agent: Lt"-+-v"'.A+-,rnrf'.oII~A~c.t\C.. Address:ZBIO(AIY1.'na Del ~IOS.>5t200 GAGJ2.I~ Contact: h't no.. 5~ IoU Phone: I.A I q. zq 4 . 4l.f 4 () Primary contact is: I)a Applicant D Agent D Emall addressofprimarycontact:....OU.le~lUo.~Jhd(..clI.... ~GeneLQJ:J>L()ie:c.LDe:siiip!jon:.ian-lypesJ u_ u.. n_ ... Project Name: 1-05 Veuinos ProposedUse:l'hulfi-f(>t'I'\.ol:J reS:ld~c.J General Description of Proposed Project: l.j Z. U" i ~ 0 of (). fh> V"cI~ 61 c- ) Yh u l-h-F~...... j J ~ r tn-t-tM hov5'rn:B Wi~~~l'Y1tv'1t1""i~~..fe.v -f-c,. reJ,', d~"';: ?mfo er\ '. dVI..r\'i:)L c:\? 'to 'i:: ~ 7_o1\t:. \.0 ~\\()..u \e::"d€'II-h<:.1 ~(:-r:nrdc..b\e. h~~ _ ._ __ _u_ ___ Subject Property Information [all types) Localion/StreeIAddress:1501 e,\"o6ldl...)tA~. CJ-.Ulg. Vi5~. CA qrqll 1,4(, ~".,.~ Assessor's Parcel #: (jZ2, O'!2.', D 5. DO Total Aceeage: 1-33 net- Redevelopment Area (If applicable): General Plan Des;gnation: mU ~ Zone Designation: [... ,p Planned Community (if applicable): rV Pro Current Land Use: GO ""'men:; cJ Within Montgomery Specific Plan? 0 Yes ~ No General Plan Amendment Proposed land Use Designation: N A- Justification for Genera! Plan change: 176 Fourth Avenue Chula Vista Ca! do rn i a 91910 (619) 691.5101 APPliCATION · DEVELOPMENT PROCESSING . TYPE B Part 2 OTY OF CHULA VISTA General Development Plan General Development Plan Name: N Pr Proposed land Uses / Tolcl Acres: Commercial/Acres Parks / Acres Community Purpose / Acres Public/Quasi / Acres Industrial I Acres Schools / Acres Circulation I Acres Open Space / Acres Residential/Range: Single Family Detached I to Single Family Attached I to Duplexes I to Apartments I to Condominiums / to Units Acres Units Acres Units Acres Units Acres Units Acres Units Acres TOTALS I to Annexation ... .----....---- __._______u_______ _. ___ -- . .---...----.....-.A.--- .:.=J'J:eZOniag'-~._'_'_P_ -iAFeG-Reference #. Tentative Subdivision Map Subdivision Name;~ Minimum lot size: Number of units: CV Tract #: Average lot size: Zone (ha nge (2(Rezoning 0 Prezoning Proposed zoning: ~ l~ o Setback Authorization ""'""",.. "'"" Ken "<..... L. s"u du . Pre,,,'''''', "'.""...... ~""1~ \)eoI......_ ""rp. Applicant Signature: jiq- ~-dr ~. Date: I).... - / (_ ~ _ '---" Print owner name': Chu-v1es. JlJh~ Owner Signarure*: t..e+I-er D~ C4I"1Set'\-i- ~u.~~ Date: .Proof of ownership may be required. Letter of consent maY.;..be provided in lieu of signature. 276 Fourth Avenue ChuJa Vista California 9l 91 0 (f, 1 9) 691 _ C; 1 n 1 November 16, 2006 City of Chula Vista 276 Fourth Ave. Chula Vista, CA 91910 RE: Letter of Consent Dear City of Chula Vista: I am the owner of the property at 1501 Broadway in Chula Vista, CA (APN 622. 092-05-00). The property is currently in escrow for sale to Wakeland Housing and Development Corporation. Wakeland is planning to construct an affordable, multifamily rental housing development on the site, This Letter of Consent is to authorize Wakeland Housing and Development Corporation to submit the following applications to the City of Chula Vista for the 1501 Broadway site: .-~-"_De:sjgrLReView- · . Zoning Change · Conditional Use Permit · Preliminary Environmental Review -- --------_._----~_._---- ---.-.----------.-.. ------~- -----.----- .__,______n_ --- Please feel free to contact me at 619.261.5887 !fyou have any questions. Sincerely, c>{ P I ann n g & Building Planning Division I Department Development Processing CIlY OF CHUIA VISfA APPLICATION APPENDIX A Project Description & Justification Project Name: Los VeunOS Applicant Name: AJo.~ d-v\ti. thJu :;.', n~ ().}'\().. ~d OfW1CJ'1-1- COI'"f'OI' QJ' O~ Please fully describe the proposed project, any and all construction that may be accomplished as a result of approval of this project, and the project's benefits to yourself, the property, the neighborhood, and the City of Chula vista. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may Include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. For all Conditional Use Permits or Variances, please address the required "findings" as listed in the Application Procedural Guide. See Af:l-~c..lWle~: A-f'f?ij1c(tX fr -- 276 Fourth Avenue (hula Vista Caljfornia 91910 (619) 691-5101 Attachment: Appendix A Project Description and Justification Preliminary Environmental Review Project: Applicant: Los Vecinos Wakeland Housing and Development Corporation Proiect Description Overview Wakeland Housing and Development Corporation, an experienced developer of affordable housing, is proposing to develop 42 units of affordable, family rental housing on the former Tower Lodge Motel site located at 1501 Broadway within the Merged Chula Vista Redevelopment Project Area. Wakeland has entered into an Exclusive Negotiating Agreement (ENA) with the City for the development of the site. Los Vecinos will be a family project, providing the following unit mix: 12 one- bedrooms, 16 two-bedrooms, and 14 three-bedrooms. One hundred percent of the units will be affordable to extremely and very low income families, with rents ranging from 30 to 60 percent of Area Median Income. The project will be extremely well managed, and will provide high quality resident services. All of Wakeland Housing's board of directors and staff are committed to providing resident services programs that strengthen families and help them reach greater levels of economic stability and personal growth. Wakeland goes way beyond bricks and mortar to provide residents with award-winning programs that nurture the potential of youth, adults and seniors living in our communities. We seek out residents' input and guidance in tailoring meaningful and comprehensive services to meet their needs and interests. And we do so with respect and compassion. All of Wakeland's programs are free to our residents. We do not duplicate services already offered in the greater community. Instead we design and implement a customized program plan, collaboratively bringing residents together with community groups. Wakeland's Youth Programs provide educational support, activities and structured sports with a goal of providing positive alternatives and strong role models for children of all ages. Our Adult Programs strive to provide people with practical skills in computers and literacy that will increase their financial potential. 1 Community Outreach Wakeland has held one community meeting on the Los Vecinos project. Residents, business owners, and community groups from the area were invited to learn about and comment on the project. Meeting attendees were highly supportive of the project, noting that it meets a strong demand for affordable family housing in the area. Zoning The property has a General Plan designation of Mixed Use Residential (MUR) and is within the South Broadway District. The zoning for the property is Thoroughfare Commercial with a Precise Plan modifier (CTP) and is currently inconsistent with the General Plan designation. To implement this designation a rezone of the property will be required to allow a residential land use, which is compatible with the MUR designation. While a mix of land uses are envisioned for this district, development of anyone of these land uses separately will still be compatible with the General Plan vision and policies for the district. This approach would constitute "horizontal mixed use." Financing Financing and development of this project is proposed as a joint private-public partnership. Wakeland is proposing to obtain Low Income Housing Tax Credit financing to support the majority of the cost of constructing the project, with the gap being closed by Wakeland's deferral of a portion of their developer fee and funding of approximately $5,500,000 from the City's Redevelopment Agency. Agency financial support will be essential to the successful completion of an affordable project on this site. Developer Qualifications Wakeland was established in 1999 as a nonprofit corporation. Our mission is: "To develop quality affordable housing projects with resident-education programs for low-income families." With its for-profit and non-profit partners, Wakeland has developed, acquired and rehabilitated over 5,000 units of affordable housing, emerging as a leader in affordable housing communities in San Diego and throughout California. Wakeland works with a variety of municipaiities, developers and redevelopment agencies throughout California. They utilize federal, state and local funding resources including tax exempt bonds and tax credits and leverage other funds from the private and public sectors. Wakeland's board of directors is comprised of affordable-housing, community and business leaders. Their team of highly qualified staff has expertise in both affordable housing and on-site resident service programs that offer unique opportunities for families and individuals to enhance their job marketability and enrich their lives. 2 Justification Benefits to Applicant Development of the Los Vecinos project allows Wakeland Housing and Development Corporation to meet its mission "To develop quality affordable housing projects with resident-education programs for low-income families." Wakeland is committed to providing safe, quality, truly affordable housing that gives families the ability to gain stability and hope. The Los Vecinos project allows Wakeland to: Support Families - Stability breeds opportunity and prosperity. Residents of Los Vecinos will be able to take advantage of on-site vocational programs. Children will be able to sharpen their computer and reading skills. And more. Support the community - Residents of Wakeland homes and apartments are part of the backbone of our workforce - teachers, nurse's aides, firefighters, security personnel, grocery clerks, to name a few. Affordable housing lends stability so they can put down roots and support local businesses and the economy. Support businesses - Companies lose valuable employees because they can't find affordable housing within reasonable proximity to their workplace. Los Vecinos will allow let employees live close to where they work, reducing their commute time. Businesses retain reliable employees. Benefits to the Properly The property currently houses an abandoned, blighted motel. When it was operating, the motel had a high crime rate, as discussed above. Now that it is abandoned, it is poorly lit, creating a dangerous area for residents. Additionally, the site contains a large amount of trash, much of it from the old motel (old mattresses, phones, etc.). And, the motel buildings are in extremely poor condition. The Los Vecinos project will dramatically revitalize the property, adding a well- designed building, attractive landscaping, and site lighting. The project is being designed by Carlos Rodriguez of Rodriguez Design Associates Architects and Planners, who has a strong reputation for building high quality, award-winning affordable housing, and extensive experience working in the City of Chula Vista. Benefits to the Neighborhood The Los Vecinos project will benefit the neighborhood in several ways: · Providing new customers for area businesses · Removing the blighted motel 3 . Revitalizing the area with the addition of a new, high quality, well-designed project · Providing affordable housing opportunities for residents · Stimulating new development in a redevelopment area · Increasing community safety with an "eyes on the street" design, on-site management, and quality site lighting. Benefits to the City of Chula Vista This project meets the City's critical housing needs. and the production requirements of the Redevelopment Agency for very low income housing. Advances Redevelopment Agency goals Additionally, the development of the former Tower Lodge Motel site represents an opportunity to remove an existing blighted property. The motel has a long history of community complaints, code violations, and police calls for service. In 2004, Tower Lodge had the highest calls for service per room ratio in the City according to the Chula Vista Police Department, six times the median. Dating back to 1987 the motel has been issued numerous Notices of Code Violations. In 2005 the motel was posted as a substandard building, all tenants were ordered to vacate, and the owner secured the building, which has remained vacant since that time. And, the development of the Los Vecinos project helps the City meet its goal of revitalizing and redeveloping Western Chula Vista, as described in its General Plan and its Housing Element. Los Vecinos will be a vibrant addition to the community, and will encourage further development in the area. Finally, the project will provide much needed permanent, family rental housing in the City. The City's draft Housing Element puts forth the following policy objective: "Policy Focus 2.2 Support Housing Opportunities to Meet the City's Diverse Needs: Utilizing available resources, seek to preserve and provide sufficient, suitable, and varied housing by small and large family size, type of unit, and cost, particularly permanent affordable housing that meets the diverse housing needs of existing and future residents of Chula Vista. Los Vecinos meets this need, providing housing for both small and large families. And, the housing will be permanently affordable. . 4 ~\rt- -.- . - -= P I ann n 0 " & Building Planning Division Department De\elopment Processing em' OF (HUlA VISfA Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 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, material supplier. ChOw I e S 0lJ"~ [011<.>....0') IkIIMte\ ~ I-\-ou ~i "''0 /NAn... Deli{.\ OI"'"",CV"-I- , (' LJ ,(-'o,...,,-t\ 0,"" C '" PI" " u-..-n- ) 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. 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. v:.~Y\r1e..J-1.... L. S,. uoY Pves\~~ 1N,.~I~iJ..- \1UVi,i"";:)~ \:)eUe1 o~ COy f'Oy~/) "-' Please identify every person, Including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. 4. I"-,e.hnC.-I1. L.. 'f:>v..vO-eY ~o~+ ~Q"SCln '/'!.,(j..Ift''':'\ 6-c.-t-~-c.\ t2.~u:.~ L-i)u',e; Has any person' associated with this contract had any financial dealings with an official" of tbe City of Chula Vista as it relates to this contract within the past 12 months. Yes_ No~ 5. If Yes, briefly describe the nature of the financial interest the official" may have in this contract. 6. Have you made a contributio~ pf more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No ~ Yes _ If yes, which Council member? --'---~------' ". --- -.- -----.. 276 Fourth ,';venue Chula Vista California 91910 (619) 691-5101 City Of Chula Vista 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 Df income, money to retire a legal debt, gift. loan, etc.) Yes_ No+--- . If Yes, which official" and what was the nature of item provided? ~ '--~ , Signature of CDntractor/Applicant Date Dec.t'\Y"IbeY \\ ,2001.0 It,~nYJe;11,... L. SAudlj"' Print or type name Df Contractor/Applicant Person is defined as: any individual, firm, co-partnership, joint venture,association, sDcial club, fratemal organization, corpDratiDn, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. Official includes, but is nDt limited tD: MaYDr, Council member, Planning CDmmissioner, Member of a board, commission, Dr committee Df the City, emplDyee, or staff members. -'--. --- --.-'- 276 Fourth Avenue Chula Vista California 91910 (619) 691-5101 ~v~ -11- -- - P I ann n g & Building Planning Division Department Development Processing CIlY OF CHUIA VISTA APPLICATION APPENDIX C Development Permit Processing Agreement Permit Applicant: Applicant's Address: Type of Permit: Agreement Date: Deposit Amount: '^-\I;..\Le.\u....-.ti fuu ~il'\~:' \:)eueJ 6 p'V>c:/1-! Co '-po ....-~(jf"\... l.oZS IO....OI>-<1~~ ~+C.JOO6. Sli--VI "J:')i ~O , GJA q21 0 r PyeJ 'l-y.ivm.- J vi yo....., tvle.V'~ 1Q.e..v',&0 \'2.II.Olo ~ '-1.000 This Agreement ("Agreement") between the City of Chula Vista, a chartered municipal corporation ("City") and the forenamed applicant for a development permit ("Applicant"), effective as of the Agreement Date set forth above, is made with reference to the following facts: Whereas, Applicant has applied to the City for a permit of the type aforereferenced ("Permit") which the City has required to be obtained as a condition to permitting Applicant to develop a parcel of property; and, Whereas, the City will incur expenses in order to process said permit through the various departments and before the various boards and commissions of the City ("Processing Services"); and, Whereas the purpose of this agreement is to reimburse the City for all expenses it will incur in connection with providing the Processing Services; Now, therefore, the parties do hereby agree, in exchange for the mutual promises herein contained, as follows: 1. Applicant's Duty to Pay. Applicant shall pay all of City's expenses incurred in providing Processing Services related to Applicant's Permit, including all of City's direct and overhead costs related thereto. This duty of Applicant shall be referred to herein as "Applicant's Duty to Pay." 1.1. Applicant's Deposit Duty. As partial performance of Applicant's Duty to Pay, Applicant shall deposit the amount aforereferenced ("Deposit"). 1.1.1. City shall charge its lawful expenses incurred in providing Processing Services against Applicant's Deposit. If, after the conclusion 9f processing Applicant's Permit, any portion of the Deposit remains, City shall return said balance to Applicant without interest thereon. If, during the processing of Applicant's Permit, the amount of the Deposit becomes exhausted, or is imminently likely to become exhausted in the opinion of the e City, upon notice of same by City, Applicant shall forthwith provide such additional deposit as City shall calculate as reasonably necessary to continue Processing Services. The duty of Applicant to initially deposit and to supplement said deposit as herein required shall be known as "Appiicant's Deposit Duty". 2. City's Duty. City shall, upon the condition that Applicant is no in breach of Applicant's Duty to Payor Applicant's Deposit Duty, use good faith to provide processing services in relation to Applicant's Permit application. 2.1. City shall have no liability hereunder to Applicant for the failure to process Applicant's Permit application, or for failure to process Applicant's Permit within the time frame requested by Applicant or estimated by City. 276 Fourth Avenue (hula Vista California 91910 (619) 691-5101 P I ann n g & Building Planning Division Department Development Processing CIlY OF CHULA VISTA Development Permit Processing Agreement - Page 2 2.2. By execution of this agreement Applicant shall have no right to the Permit for which Appiicant has applied. City shall use its discretion in valuating Applicant's Permit Application without regard to Appiicant's promise to pay for the Processing Services, or the execution of the Agreement. 3. Remedies. 3.1. Suspension of Processing In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has the right to suspend and/or withhold the processing of the Permit which is the subject matter of this Agreement, as well as the Permit which may be the subject matter of any other Permit which Applicant has before the City. 3.2. Civii Collection in addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has the right to collect all sums which are or may become due hereunder by civil action, and upon instituting litigation to collect same, the prevailing party shall be entitled to reasonable attorney's fees and costs. 4. Miscellaneous. 4.1 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested at the addresses identified adjacent to the signatures of the parties represented. 4.2 Governing LawNenue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of Caiifornia, and if applicable, the City of Chula Vista, or as ciose thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. 4.3. Multiple Signatories. If there are multiple signatories to this agreement on behalf of Appiicant, each of such signatories shall be jointiy and severally liable for the performance of Appiicant's duties herein set forth. 4.4. Signatory Authority. This signatory to this agreement hereby warrants and represents that he is the duly designated agent for the Applicant and has been duly authorized by the Applicant to execute this Agreement on behaif of the Applicant. Signatory shall be personally liable for Applicant's Duty to Pay and Applicant's Duty to Deposit in the event he has not been authorized to execute this Agreement by Applicant. 4.5 Hoid Harmless. Applicant shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against any claims, suits, actions or proceedings, judicial or administrative, for writs, orders, injunction or other relief, damages, liability, cost and expense (including without limitation attorneys' fees) arising out of City's actions in processing or issuing Applicant's Permit, or in exercising any discretion related thereto including but not limited to the giving of proper environmental review, the holding of public hearings, the extension of due process rights, except only for those claims, suits, actions or proceedings arising from the sole negligence or sole willful conduct of the City, its officers, or employees known to, but not objected to, by the Applicant. Applicant's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Applicant, at its own expense, shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Applicant's indemnification of City shall not be limited by any prior or subsequent declaration by the 276 Fourth Avenue Chu!a Vista Caljfornia 91910 (619) 691-5101 ~\f? -11- - P I ann ng & Building Planning Division Department Development Processing CIlY OF CHULA VISTA Development Permit Processing Agreement - Page 3 Applicant. At its sole discretion, the City may participate at its own expense in the defense of any such action, but such participation shall not relieve the applicant of any obligation imposed by this condition. 4.6 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this agreement against the City unless a claim has first been presented in writing and filed with the City of Chula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipai Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. Now therefore, the parties hereto, having read and understood the terms and conditions of this agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto. Dated: City of Chula Vista 276 Fourth Avenue Chula Vista, CA By: Dated: \ '2.. \ \ . /) Vi INlAY p~J.- \-\Gu<:"'''':{I>wV d (fY1Gr1r COr' rOV vJ-b t'1 ~~ L3fD'T~~'.~~~OOO ~~n<.~ L-. S/)'uOif By: 276 Fourth Avenue Chula Vista Cal iforn ia 91910 (619) 691-5101 Attachment 8 DRAFT ORDINANCE NO. 2007- ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING MITIGA TED NEGA TIVE DECLARATION IS-07-017, AMENDING THE ZONING MAPS ESTABLISHED BY MUNICIPAL CODE SECTION 19.18.010 BY REZONING ONE PARCEL CONSISTING OF 1.46 ACRES LOCATED AT 1501 BROADWAY FROM CT-P (COMMERCIAL THOROUGHFARE WITH PRECISE PLAN) TO R-3 (APARTMENT RESIDENTIAL), AND APPROVING INCENTIVES AND CONCESSIONS PURSUANT TO THE DENSITY BONUS LAW FOR THE REDUCTION IN CERTAIN DEVELOPMENT STANDARDS FOR THE DEVELOPMENT OF AN AFFORDABLE FOR-RENT PROJECT BY WAKELAND HOUSING DEVELOPMENT. I. RECITALS A. Project Site WHEREAS, the area of land, which is the subject of this ordinance is diagrammatically represented in Exhibit "A"_ which is incorporated into this ordinance by this reference, and for the purpose of general description herein consists of 1.46 acres of land located at 1501 Broadway, within the Merged Chula Vista Redevelopment Project ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, on Deeernber 14, 2006 a duly verified application for a Rezone (PCZ-07-06) and Design Review Permit (DRC-07-27) was filed with the City of Chula Vista on behalf of the Wakeland Development Corporation ("Applicant") to allow the construction of a 42-unit affordable housing project located at 1501 Broadway ("Project"); and C. Plarrning Commission and Chula Vista Redevelopment Corporation Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on May 23, 2007, at 6 p.m. in the City Council Chambers at 276 Fourth Avenue, and after hearing staff presentation and public testimony, voted _ to recommend that the City Council approve the amendment of the zoning maps to rezone the Project Site from CT-P to R-3 and to approve incentives an concessions pursuant to Density Bonus law; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on this project held on May 23,2006, and the minutes and the resulting resol11tion, are incorporated into the record of this proceeding; and Ordinance No. Page 2 WHEREAS, the Chula Vista Redevelopment Corporation held an advertised public hearing on this Project on June 14, 2006 and voted _ to recommend that the City Council approve the amendment of the zoning maps to rezone the Project Site rrom CT-P to R-3 and to approve incentives an concessions pursuant to Density Bonus law; and WHEREAS, the proceedings and all evidence introduced on this Project before the Chula Vista Redevelopment Corporation at their public hearing held on May 23, 2007, and the minutes and the resulting resolutions, are incorporated into the record of this proceeding; and D. City Council Record on Application WHEREAS, a duly called and noticed p11blic hearing on the proposed amendment of the zoning maps to rezone the Project Site rrom CT-P to R-3 and to approve incentives an concessions pursuant to Density Bonus law was held before the City Council of the City of Chula Vista to receive the recommendations of the Planning Commission and the Chula Vista Redevelopment Corporation, and to hear public testimony with regard to the same; and WHEREAS, the City Council held an advertised public hearing on the project on June 14, 2007, at 6:00 p.m. in the Council Chambers at 276 Fourth Avenue and, after hearing staff presentation and public testimony, the Council voted x - x to approve the approve the amendment of the zoning maps to rezone the Project Site rrom CT-P to R-3 and to approve incentives an concessions pursuant to Density Bonus law; and II. The City Council of the City of Chula Vista ordains as follows: A. Compliance with CEQA WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project for compliance with CEQA and has conducted an Initial Study, IS-07-017 in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, Based upon results of the Initial Study, the Environmental Review Coordinator detennined that the project could result in 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-07-017. B. The City Council has exercised their independent review and judgment and concurs with the Planning Commission and the Environmental Review Coordinator's detemination that Mitigated Negative Declaration IS-07-017, in the fom presented, has been prepared in accordance with the requirements of 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-07-017. e. The rezoning of the Project Site is consistent with the City of Chula Vista General Plan, public necessity, convemence and the general welfare and good zoning practice support the amendments to the Municipal Code. Ordinance No. Page 3 D. The City of Chula Vista Zoning Map established by Section 19.18.010 of the Chula Vista Municipal Code is amended to rezone the Project Site as depicted in Exhibit "A" from the CT-P (Commercial Thoroughfare with Precise Plan) to R-3 (Apartment Residential). E. The City Council approves the following incentives and concessions pursuant to Density Bonus Law for the reduction of certain development standards to allow the construction of a 42-unit multi-family affordable housing project: (List Planning Commission and CVRC approved incentives and concessions). 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 Ann Hix Acting Community Development Director Ann Moore City Attorney J:\Attomey\ELlSA\ORDINANCES\Wakeland Los Vecinos Rezone and Incentives per Density Bonus_doc /i" (HULA VISTA PLANNING COMMISSION AGENDA STATEMENT Item: ..3 Meeting Date:05/23/07 ITEM TITLE: Public Hearing: Consideration of the following applications filed by Lorna Ratonel for a service station located within the commercial center known as Terra Nova Plaza- 350 East H Street. a) ZAV-07-06- A Variance application requesting approval of a 4ft encroachment for the earwash building and a 5ft encroachment for the vacuum canopy into the required front setback. b) PCC-05-044- Conditional Use Permit for a earwash facility and expansion/relocation of an existing convenience store. SUBMITTED BY: Director of Planning and Building INTRODUCTION The applicant, Lorna Ratonel, on behalf of the new owner, submitted a Conditional Use Permit application to install and operate a car wash facility and expand/relocate the existing convenience store. The Applicant also submitted a Variance application to allow an encroachment of the car wash building and vacuum canopy into the front setback. The service station is located at 350 East H Street, within the Terra Nova Plaza Shopping Center (see Locator, Attachment I). BACKGROUND On June II, 1986, the Planning Commission approved Conditional Use Permit PCC-86-33 to build the existing gas station. On July 8, 1999, the Zoning Administrator approved a Design . Review permit, DRC-99-52 to add a new earwash adjacent to the convenience store. The project was never built and the permit expired. On March 14, 2005, the applicant submitted applications for Design Review (DRC-05-41), Conditional Use Permit (PCC-05-44), and a Preliminary Environmental Review (IS-05-015) requesting to enlarge the convenience store and construct a new carwash building. On June 5, 2006, the Resource Conseryation Commission (RCC) determined that Mitigated Negative Declaration for the proposed design was adequate and recommended its adoption. On July 24, 2006 the Design Review Committee approved the project. However, prior to the project going to the Planning Commission, the subject property was sold (pending the close of escrow) and the new owner decided to change the project design. As a result of the new design, a Variance application (ZA V-07-06) was submitted on May 4,2007. Due to the modified changes, the project will go back to the Design Review Committee for review and approval on June 4, 2007. ZA V-07-06/PCC-05-44 Page No.2 ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study (IS-05-015) in accordance with the California Environmental Quality Act. Based upon the result of Initial Study, the Environmental Review Coordinator has determined that the project could result in significant effects on the environment. However, revisions to the project made by, or agreed to by, the applicant would avoid the effects or mitigate the effects to a point where clearly no significant impacts would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-05-015 and associated Mitigation Monitoring and Reporting Program. The Environmental Review Coordinator has determined that the changes to the currently proposed project are minor with no additional environmental impacts or issues identified that are not already covered under the Mitigated Negative Declaration IS-05-015 addressed in the previous project. Said changes requested to enlarge the carwash facility and expand/relocate the existing convenience store. Therefore, purs11ant to CEQA Guidelines Section 15073.5(e) recirculation of the Mitigated Negative Declaration is not required (Attachment 2). RECOMMENDATION That the Planning Commission I) Adopt Mitigated Negative Declaration IS-05-015; 2) Adopt Resolution ZA V-07-06, allowing the carwash building and the vacuum canopy to encroachment into the front setback; and 3) Adopt Resolution PCC-05-044, allowing a carwash facility and expansion/relocation of an existing service station convenience store, based on the findings and subject to the conditions contained therein. DISCUSSION Project Site Characteristics: The project site is a .98-acre parcel located at 350 East H Street, within and along the northwesterly section of the Terra Nova Plaza Shopping Center (Parcel Number 13). The site is located approximately ten feet below adjacent street grade and does not have direct access from East H Street. It is surrounded by the commercial center internal circulation system and parking lot, which is available for all commercial center tenants, including the service station. Proj ect Description: The project site currently has a 24-hour service station consisting of six pump islands and a 756-square-foot convenience store. The Conditional Use Permit application, PCC-05-044, requests approval to expand/modify the service station facility as follows: a. Remove the existing 756 square-foot convenience store and relocate the building on the western portion of the property. In addition, expand the size of the convenience store to 2,553.6 square-feet (an addition of 1,797.6 square-feet); ZA V -07-06/PCC-05-44 Page NO.3 b. Install and operate a full service car wash facility, which incl11des an approximately 2,160 square-foot carwash tunnel at the northern end of the existing service station; e. Install a 816 sq. ft. vacuum canopy near the entrance of the car wash; d. Re-locate three gasoline dispensers; e. Re-align the center portion of the existing canopy roof to be flush with the side roof facades to become a rectangular shaped canopy, and as a result relocate/redesign the existing tower feature; f. Operate the car wash from 7:00 a.m. to 8:00 p.m. weekdays and 7:00 a.m. to 9:00 p.m. weekends, continuing to operate the service station and convenience store 24 hours a day; and g. Add two employees for the car wash and three employees for the convenience store, for a maximum of five employees working at one time. Operational Profile The site plan for the project indicates that there would be a vacuum area situated in front of the entrance to the carwash tunnel. At the vacuum area, there would be two options for the customers. For Option I, Full Service selection, customers would exit their vehicles and go into the store to pay for the carwash. Carwash attendants would move the cars from the vacuum area into the earwash tunnel, which can accommodate one vehicle at a time. Once the vehicles emerge from the tunnel, they would be hand dried by the employees, if necessary, and customers would return to their cars. If the customer is not available to pick up their vehicle as it exits the carwash tunnel or additional drying is required, then an employee will park the vehicle in one of the designated carwash customer parking spaces adjacent to the carwash exit. For Option 2, the customers would drive through the carwash tunnel themselves, and bypass the vacuum and hand drying service conducted by the employees. The site could adequately stack twelve vehicles waiting to enter the earwash tunnel, four at the vacuum area, one vehicle within the earwash tunnel, and four vehicles in the earwash customer parking spaces. General Plan, Zoning and Land Use The project is zoned PC-C (Planned Community - Commercial), and has a General Plan Land Use Designation of Commercial Retail. The following table specifies the existing land uses surrounding the parcel: General Plan Zoning Current Land Use Site: Retail Commercial PC-C, Planned Community - Service Station with Conv. Store Commercial North: N/A N/A East H Street South: Retail Commercial PC-C, Planned Community - Bank Commercial East: Retail Commercial PC-C, Planned Community - Jack-in-the-Box Restaurant Commercial West: Retail Commercial PC-C, Planned Community - Taco Bell Restaurant Commercial ZA V -07 -06/PCC-05-44 Page No.4 Project Data Assessor's Parcel Number: 592-200-1600 Current Zoning: PC-C, Planned Community - Commercial Land Use Designation: Commercial Retail Lot Area: .98 acres PARKING REQUIRED: PARKING PROPOSED: Parking spaces, broken down as follows: Standard Spaces: 14 1 per each 200 s.f of retail area (1,360 s.f) ~ 7 Compact Spaces: 2 1 per 1,000 s.f of retail storage area (1193.6 s.f) ~ 2 Disabled: I 1 per car wash employee ~ 2 Total: 17 3 per car wash stall ~ 3 Total: 14 SETBACKS REQUIRED: SETBACKS PROPOSED: Front Yard: 25 feet 21120 feet* Rear Yard: o feet 0 Side Yard: o feet o feet · The carwash building has a 21-ft setback, and the vacuum canopy has a 20-ft setback. A Variance approval by Planning Commission is required. Regulations for uses within the Terra Nova Plaza Shopping Center are covered by the Terra Nova Plaza Master Plan (PCM 85-4), which requires a Conditional Use Permit for both a service station and a car wash. Development standards, including parking, are addressed in the Chula Vista Municipal Code. Analysis Conditional Use Permit: The addition of a earwash facility and expansion of the convenience store at the existing service station site within Terra Nova Plaza Shopping Center would provide a convenient location to serve the needs of the East H Street/Interstate 805 area. The provision of these services in proximity to many of the homes in the area contributes to the general well-being of the neighborhood and community by allowing residents to complete necessary, routine errands without driving longer distances. There are no other car washes within 1.5 miles of the proposed car wash. The proposed use is located in a PC-C, Planned Community - Commercial Zone, which allows carwash facilities and convenience stores as long as Conditional Use Permits are obtained. The facility would comply with required development and operating regulations, including setbacks, with the exemption of the rront yard setback that would require a Variance approval, height restrictions and parking requirements contained in the Chula Vista Municipal Code. ZA V-07-06/PCC-05-44 Page No.5 The use, as proposed, has been found to be consistent with the Chula Vista General Plan and the Terra Nova Plaza Master Development Plan The project, as conditioned, would allow the addition of a car wash and expansion of the convenience store to 2,553.6 square-foot without adversely affecting any adopted plans. Circulation/Access: Circ11lation on the site for the carwash is U-shaped, with two points of ingress/egress to the seryiee station and convenience store on the south edge of the site on an access road interior to the interior to the shopping center. Vehicles for the car wash would enter the site from the westerly driveway and exit from the easterly driveway, or pass through the fuel station area to exit through the western driveway. The current site plan has been reviewed by Darnell & Associates in regards to the Traffic Study and they have concluded that the proposed deveJopment wilJ be consistent with the April 25, 2005 report and findings. Staff concurs with the findings. Parking: The addition of the carwash and expansion of the existing convenience store requires a total of 14 parking spaces, as described in the project data table, above. A total of 17 striped spaces will be provided, including: Two compact and two regular parking spaces designated for the carwash customers and four additional regular parking spaces on the east side of the site; eight regular parking spaces and one full service handicapped space on the east and south side of the convenience store. Variance Permit: The Terra Nova Planned Community District Regulation has a minimum 25-ft rront setback. However, on June II, 1986, the Planning Commission approved a Conditional Use Permit to allow the existing service station/convenience store to be located on the subject parcel with the canopy for the service station being approximately 23 feet rrom the northern property line, encroaching two feet into the 25- foot setback. The carwash tunnel would directly be under the existing service station canopy, but extends approximately 16 ft west on the existing building setback, encroaching 4-ft into the required front setback. According to the applicant, the additional earwash length is required to accommodate the drying equipment and increase carwash efficiency. The vacuum canopy is also encroaching 5-ft into the required front setback. Both structures are aligned on the same building setback, but the property line bends slightly south, creating a shorter distance from the property line to the vacuum canopy (see Attachment 6, Project Plans). Both of these structures would be located beJow the heavily landscaped down slope, with limited exposure on East H Street. ZA V -07 -06/PCC-05-44 Page No.6 The only place available to construct a carwash building and vacuum canopy from an operational standpoint is in the northern portion of the site. Since the northern portion of the existing service station canopy structure maintains a setback of 23-ft, the carwash building and vacuum canopy must be built within the rront yard setback. Although the existing and proposed structures are aligned and at approximately the same distance from the property line, the previous approval for front setback encroachment is limited to the structure(s) proposed with the original project. Any other structures within the required setback area require approval of a variance application. After reviewing the plans and visiting the project site staff concludes that the variance is necessary to achieve an efficient vehicular circulation system and logical placement of the carwash building. DECISION-MAKER CONFLICTS: Staff has reviewed the property holdings of Planning Commissioners and has found no property holdings within 500 feet ofthe boundaries of the property which is subject to this action. CONCLUSION: The project is consistent with the goals and policies of the General Plan and associated documents. Based on the preceding information in this report, staff recommends the Planning Commission approve Mitigated Negative Declaration IS-05-015, Variance, ZA V-07-06, and Conditional Use Permit PCC-05-044, subject to the conditions listed in the attached Resolution. FISCAL IMPACT The application fees and processing costs are paid for by the Applicant. A TT ACHMENTS 1. Locator Map 2. Mitigated Negative Declaration 3. Planning Commission Resolution ZA V -07 -06 4. Planning Commission Resolution PCC-05-044 5. Disclosure Statement 6. Project Plans J:\Planning\Casc Filcs\-05 (FY 04-05)\PCC\ Public Hearing\PCC-05-044\StaffReports for PC Revised Prepared by: Caroline Young, Assistant Planner, Planning Division ATTACHMENT 1 Locator Map LEGEND: 1 - Shoe Pavillion 2 - MarshaUs 3 - Vons 4 - Longs 5 - Big 5 6 - Miscellaneous Shops 7 - Bed, Bath & Beyond 8 - Sports Authority 9 - Kinkos, Radio Shack 10 - Mission Federal 11 - Jack in the Box 12 - Miscellaneous Shops PROJECT 1 3 - Gas Station 14 - Taco Bell - 15 - Washington Mutual LOCATION 16 - McMillin Realty A: :;,:>("~ ~y 6'06" C HULA VISTA PLANNING AND BUILDING DE PARTM E NT LOCATOR PROJECT PROJECT DESCRIPTION: C) APPLICANT: Lorna Ratonel MISCELLANEOUS ~~g~~~1 350 East H Street Request: Proposing the addition of a car wash facility and expansion/relocation of the convenience store at an existing SCALE: FILE NUMBER: service station. NORTH No Scale PCC-05-044 Related cases: DRC-0541, IS-05-015, ZAV-07-0e J :\planning\carlos\locators\pcc05044.cdr 04.10.07 ATTACHMENT 2 Mitigated Negative Declaration Mitigated Negative Declar PROJECT NAME: Terra Nova Service Station and Car Wash PROJECT LOCATION: 350 East H Street Chula Vista, CA ASSESSOR'S PARCEL NO.: 592-200-1600 PROJECT APPLICANT: Lorna Ratonel DATE OF DRAFT DOCUMENT: May 16, 2006 DATE OF RESOURCE CONSERVATION COMMISSION MEETING: June 5, 2006 DATE OF FINAL DOCUMENT: June 16,2006 (Revised 4/23/2007) PREPARED BY: Mary Venables, Associate Planner and Maria C. Muett, Associate Planner Revisions made to this document subsequent to the issuance of the notice of availability of the draft Negative Declaration are denoted by underline, Background A Mitigated Negative Declaration (1S-05-015) was prepared for the Terra Nova Proiect. which involves the commercial development of a car wash facilitv and expansion/relocation of an existing convenience store within the existing service station located in the Terra Nova Plaza Shopping Center. The Resource Conservation Commission recommended adoption of the Mitigated Negative Declaration at their June 5, 2006 Meeting. On Julv 24, 2006 the Design Review Committee approved design of the proiect. However. since that time the gas station propertv has been sold and the proiect has been redesigned. Proposed improvements include relocation of gas pumps, relocation and increased square footage of the convenience store to 2,553 square-feet pills a 2.160 square-foot car wash tunnel with vacuum canopv area of 816 square feet. The changes to the proposed proiect are minor and do not result in any additional environmental impacts or issues identified that are not already covered under the Mitigated Negative Declaration OS-OS-OIS). Pursuant to CEOA Guidelines Section 15073.5( c ) recirculation of the Mitigated Negative Declaration is not required. A. Proiect Setting The project site consists of an approximately .98 acre parcel located in the northern portion of the Terra Nova Plaza Shopping Center. The Terra Nova Center is located south of East H Street and east ofInterstate 805. The site is situated in an urbanized area in the north-central portion of the City of Chula Vista (See Exhibit A - Location Map). The project site is developed with the existing Terra Nova Service Station, including a 725 square-foot convenience store and two fuel islands containing a total of 14 fuel pumps. Land uses surrounding the project site consist of the following: North: Multi-family residential South: Commercial Retail East: Commercial Retail West: Commercial Retail B. Proiect Description The project consists of site improvements to the eXlstmg seryiee station, including the addition of an ~ 90-foot-Iong enclosed car wash facility and associated equipment room. The car wash and associated equipment room would total ~ 2,160 square-feet in area, and be situated on the north portion of the parcel adjacent to East H Street. In addition, an 816 square-foot vaC11um canopv area is proposed adjacent to the car wash entrance. In addition, removal of the existing 756 square-foot convenience store and replacement with a 2,554 a 1,125 square-foot expansion and remodel of the oxisting convenience store is proposed. (See Exhibit B - Site Plan). Partial Daemolition of the existing convenience store would be required in order to accommodate the remodel plan. Most of the All work would , occur within the confines of the current footprint of the service station complex and the new structures w011ld be constructed under the exi~ting canopy or within the confines of the existing propertv boundaries. The proposed building materials would match the current structure, and the new elevation design would be compatible with the existing structure. To accommodate the new car wash facility, three fueling positions on the north fuel island would be relocatedeliminated. Vacuum hoses and the vacuum canopy would be located on the northwest side of the facility near the entrance to the carwash tunnel. The existing seryice station and convenience store will remain in operation 24 hours per day. The car wash hours of operation are proposed rrom 7:00 a.m. to 10:00 p.m. on weekdays and 8:00 a.m. to 10:00 p.m. on weekends. The project does not involve the removal or relocation of any existing underground fuel storage tanks. e. Compliance with Zoning and Plans The site is located in the PC-C (Planned Community - Commercial) Zone and CR (Retail Commercial) General Plan land use designation. The project is consistent with the applicable zoning regulations and the Chula Vista General Plan. The project requires the approval of a Design Review Permit by the Design Review Committee and a Conditional Use Permit by the Planning Commission. D. Public Comments On August 4, 2005, a Notice of Initial Study was circulated to property owners and residents within 500-foot radius of the proposed project site. The public comment period ended August 18, 2005. Staff received one written communication regarding potential noise and traffic impacts related to the car wash operations. This issue has been addressed in the attached Initial Study Checklist and the technical studies noted below. 7 On Mav 17. 2006. a Notice of Availabilitv of the Proposed Mitigated Negative Declaration for the proieet was posted in the County Clerk's Office and circulated to propertv owners and residents within a 500-foot radius of the pro;ect site. The 3D-day public comment period closed on June 15. 2006. One written comment letter was received from a nearbv propertv owner with regard to noise and traffic concerns. These issnes are addressed in the Mitigated Negative Declaration and further discussed in the attached response to comments (Exhibit Q E. Identification of Environmental Effects An Initial Study conducted by the City of Chula Vista (including the attached Environmental Checklist fonn) determined that the proposed project may have potential significant environmental impacts, however; revisions to the project have been made or mitigation measures have been agreed to by the proj eet proponent to reduce the impacts to a less than significant level. This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. Air Ouality Located within the San Diego Air Basin (SDAB), the project was analyzed using the Urban Emissions Model URBEMIS 2002, a modeling tool developed by the California Air Resources Board (CARE) to estimate air quality impacts trom land use projects. As summarized below, impacts resulting from the proposed project will be mitigated to a level less than significant. Short-Term Impacts A minor increase in air pollutants would occur during the construction and remodel phase of the project. F11gitive dust would be created during the partial demolition phase as well as during grading and construction activities. Because construction-related activities are temporary, the impact to air quality ITom construction-related operations is considered short- tenn in duration. Dust control measures required during construction operations would be implemented in accordance with the rules and regulations of the County of San Diego Air Pollution Control District (APCD) and the California Air Resources Board. The mitigation measures contained in Section F below would mitigate short-tenn construction-related air quality impacts to below a level of significance. Long-Term Impacts According to the Engineering Department, the proposed project would generate a minimal amount of traffic and result in fewer daily trips than currently attributed to the existing service station 11se. This would occur due to the reduction in the number of fueling positions on the site. As demonstrated in the URBEMIS 2002 model, the emissions resulting [rom the completed project would not exceed the Air Quality thresholds or result in significant long- term local or regional air quality impacts. Hazards/Hazardous Materials Soil/Groundwater Contamillilllts 3 The County of San Diego, Department of Environmental Health (DEH), is the lead agency evaluating an unauthorized release of contaminants at the project site. According to DEH, the ongoing case is in the assessment phase and the extent of contamination in the soil and groundwater has not been resolved. In 2003 a Phase II Real Estate Site Assessment was conducted and detectable concentrations of contaminants were found in some of the soil samples. In addition, three groundwater monitoring wells were installed on the site. Samples collected from the wells contained concentrations of contaminants below laboratory detection limits. DEH has approved the installation of two additional groundwater monitoring wells on the south portion of the site. According to infonnation received from DEH on October 24, 2005, there do not appear to be any health risks to the occupants of the site and DEH has indicated that the proposed site improvements may commence. A closure letter will be issued by DEH upon completion of the assessment. No mitigation is necessary. Asbestos and lead-based paint The existing convenience store structure is proposed to be partially demolished and may possibly 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. _ -Lieensed, registered, asbestos and lead abatement contractors 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, will perfonn the abatement. The mitigation measure contained in Section F below would mitigate potential hazardslhazardous material impacts associated with the release of asbestos and lead to below a level of significance. Wash water/solvents, waste The car wash operations would involve storage and transport of hazardous solvents and material nonnally associated with car wash facilities. As a standard condition of approval any storage of hazardous materials or other pollutants must be under cover with adequate containment in accordance with all federal, state and local regulations. These requirements would mitigate potential impacts to a level ofless than significant. Hvdrologv and Water Qualitv The project site is located in the Otay Water District (OWD) service area and is served by a 10-inch potable water main on East H Street. The operation of the proposed car wash is not anticipated to result in a significant increase in the consumption of water otherwise available for public 11se or deplete groundwater supplies or quality. On-site drainage facilities consist of an existing private stonn drain system that collects site runoff and conveys the runoff to offsite public storm drain facilities. Off-site facilities consist of a double 96" cast-in-place pipe in East H Street adeq11ate to serve the project. The design of the proposed car wash includes a water reclamation system to conserve water and limit discharge of pollutants into the storm drain system. The car wash area and tunnel will retain all drainage on-site. The proposed facility will be equipped with a wash bay pit/clarifier tank and a cyclonic separator. The separator extracts solid-rree liquid rrom the reclaimed water and circulates it for reuse. The clarifier tank will require maintenance by a 4 licensed hauler approximately four times per year to remove and properly dispose of the pollutants. In accordance with the County of San Diego Environmental Health Department standards and regulations for water reclamation systems, filtered wastewater rrom this system would be discharged into the City's sanitary sewer system. The Municipal Code, the National Poll11tion Discharge Elimination System (NPDES) regulations and the City's Development and Redevelopment Storm Water Management Requirements Manual, require the implementation of water quality Best Management Practices (BMPs) to prevent pollution of storm drainage systems, both during and after construction. The City Engineer will ensure that appropriate BMPs are implemented and are sufficient to prevent discharge into storm drainage systems. Based upon the implementation of standard engineering requirements and compliance with requirements of the BMPs, water quality impacts would be reduced to below a level of significance. See Section F of this Mitigated Negative Declaration. As a standard Engineering condition, a final drainage and soils report 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. No significant impacts to the City's storm drainage system are anticipated to result from the proposed project. Noise To assess potential noise impacts of the proposed project, Acoustical Analysis Report, Terra Nova Car Wash, April 10, 2006 and addendum dated April 27, 2007 was prepared by Eilar Associates. The noise assessment analyzed the project with respect to the regulations contained in Chapter 19.68, Performance Standards and Noise Control, of the Chula Vista Municipal Code (noise control ordinance). Noise Standards The noise control ordinance does not allow activities that would create noise on property, which exceeds the established noise level limits (C.V.M.C. 9 19.68.030(A)(4)). The noise level limits vary by land use category, and time of day (nighttime versus daytime). In addition, the noise control ordinance establishes the normal noise level as the noise limit when the existing noise level exceeds the standard. Table III of Chapter 19.68 specifies the following noise limits: APPLICABLE NOISE LIMITS [dB(A) Leq] Land Use Nighttime! Dayttime2 Multiple Dwelling residential 50 60 Commercial 60 65 lNighttime = 10:00 P.M. to 7:00 A.M. weekdays; 10:00 P.M. to 8:00 A.M. weekdays 2Daytime = 7:00 .-\.ivl. to 10:00 P.M. weekdays; 8:00 A.M. to 10:00 P.M. weekends 5 Surrounding uses potentially affected by project-generated noise consist of multi-family residential adjacent north across East H Street and retail commercial businesses adjacent south, east and west within the Terra Nova Shopping Center. Noise associated with the project proposal would include short-term construction noise, traffic noise, carwash, vacuum cleaners and outdoor mechanical equipment noise, and loud car stereos in the driveways. Construction Noise Pursuant to Section 17.24.050(1) of the Chula Vista Municipal Code, construction work 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 community. Due to the presence of residential development located north of the subject site, this provision of the Municipal Code applies to the project and would ensure that residents would not be disturbed by construction noise ~ during the most noise sensitive periods of the day. Traffic Noise The predominant noise currently affecting the project site is traffic traveling on East H Street. The report concluded that East H Street would experience a minimal increase in traffic volume due to future growth in the area but did not anticipate any major new noise sources that would impact the project site. Car Wash & Vacuum The proposed car wash utilizes a RYCO car wash system with drying fans enclosed within an ~ 90 foot drive-thru tunnel. The existing vacuum system will be removed to allow for the installation of a new central vacuum system. With the dryer set back. the tunnel structure also acts as an additional sound attenuation barrier. The noise study indicates that during worst case combined noise levels the project would be in compliance with the City's noise ordinance. Outdoor Mechanical Equipment Noise Heating, ventilation and air conditioning (HV AC) equipment is proposed to be located on the roof of the convenience store. Based on the preliminary plans and manufacturer's data provided for the mechanical equipment, the noise assessment concluded that noise generated from the HV AC would not exceed the City's noise standards. However, until such time as the final equipment is chosen and a subsequent noise study is prepared, the potential noise impacts related to the outdoor mechanical equipment are considered significant. The mitigation proposed in Section F of this Mitigated Negative Declaration must be implemented in order for impacts to be reduced to below a level of significance. 6 Loud Car Stereos Car stereos in vehicles wmtmg for car wash services could create noise in excess of allowable levels depending on the specific sound system and whether the windows are open or closed. The Municipal Code identifies noise created by stereos and radios as nuisance noise and is enforced by the Police Department. The display of signs requesting car stereos be turned off during cleaning would help to mitigate potential irrpacts. T ransportati onlT raffi e The Engineering Department estimated the weekday vehicle trip generation rate for the proposed project to be 1,705 trips using the SANDAG Brief Guide of Vehicular Traffic Generation Rates. It was determined that the proposed project would result in a decrease of 535 daily trips due to the reduction in the number of fueling positions rrom 14 to 11 on the site. In turn, a reduction of weekday trips on East H Street would occur thus resulting in a less than significant traffic impact. To identify potential on-site circulation impacts associated with the development of the project, Traffic Review of Terra Nova Service Plaza, April 25, 2005, and addendum dated . April 2007 was prepared by Darnell & Associates, Inc. The study assessed pedestrian walk routes and travel patterns including customers parking off-site found the eirc11lation to be adequate. In addition, the traffic analysis assumed that fuel deliveries would continue to occur during late evening hours when the car wash is closed thus limiting the potential for blocking circulation on-site. The on-site circulation mitigation measure proposed in Section F below must be implemented in order for impacts to be reduced to below a level of significance. The applicant conducted an on-site and off-site parking analysis of the entire Terra Nova Shopping Center. It was determined that adequate on-site parking exists within the commercial center to accommodate the additional parking required as a result of the project proposal. F. Mitigation Necessary to Avoid Significant Impacts Air Ouality 1. The following air quality mitigation measures shall be shown on all applicable grading, and building plans and details, notes, or as otherwise appropriate, and shall not be deviated from unless approved in advance in writing by the City's Environmental Review Coordinator. a) Minimize simultaneous operation of multiple construction equipment units b) Use low pollutant-emitting construction equipment c) Use electrical construction equipment as practical d) Use catalytic reduction for gasoline-powered equipment e) Use injection timing retard for diesel-powered equipment f) Water the constmction area twice daily to minimize fugitive dust g) Stabilize graded areas as quickly as possible to minimize fugitive dust h) Pave permanent roads a quickly as possible to minimize dust 7 i) Use electricity rrom power poles instead of temporary generators during building, if available j) Apply chemical stabilizer or pave the last 100 feet of internal travel path within a construction site prior to public road entry k) Install wheel washers adjacent to a paved apron prior to vehicle entry on public roads 1) Remove any visible track-out into traveled public streets within 30 minutes of occurrence m) Wet wash the construction access point at the end of each workday if any vehicle travel on unpaved surfaces has occ11rred n) Provide sufficient perimeter erosion control to prevent washout of silty material onto public roads 0) Cover haul trucks or maintain at least 12 inches of freeboard to reduce blow-off during hauling p) 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 perfonn 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. 3. Outdoor storage of hazardous materials or other pollutants shall be under cover and with adequate containment all in accordance with federal, state and local laws and regulations. Hvdrologv/Water Oualitv 4. The applicant shall implement Best Management Practices (BMPS) to prevent pollution of storm drainage systems, both during and after construction. Selection of appropriate BMPs shall be site and activity specific to prevent discharge of trash, debris, or non- stonn water to stonn drainage systems resulting from carwash or auto detailing activities. 5. The applicant shall complete the applicable City of Chula Vista Development and Redevelopment Storm Water Management Requirements Manual forms and comply with the Manual's requirements. 6. Design and construction of the car wash tunnel shall include features that prevent tracking of non-stonn water to outdoor areas. 7. The trash enclosure area shall be covered and the site graded in such a way as to prevent run-on into the trash enclosure area. Noise 8. Pursuant to Section 17.24.050(1) of the Chula Vista Municipal Code, project-related construction activities 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. 8 9. Prior to approval of building permits for the development, the applicant shall submit a subsequent noise study to the satisfaction of the Environmental Review Coordinator demonstrating that the final roof-mounted HV AC and other roof mounted equipment complies with the City's noise control ordinance at the north property boundary of 50 dBA Leq (one hour) during nighttime hours and 60 dBA Leq (one hour) during daytime hours and 60 dBA Leq (one hour) during nighttime hours and 65 dBA Leq (one hour) during daytime hours at the south, west and east property boundaries or ambient noise levels, whichever is greater. 10. All rooftop pumps, fans, and air conditioners on the buildings shall include appropriate noise abatement and be screened by a minimum three-foot high rooftop parapet and shall block the line-of-site view rrom the nearby properties to the exposed roof and mechanical ventilation systems. 11. Signs shall be displayed requesting that car stereos be turned off while the cars are being cleaned. The 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. T ransportationlTraffi e 12. Fuel deliveries shall not occur during car wash operating hours of 7:00 a.m. to 10:00 p.m. Monday through Friday and 8:00 a.m. to 10:00 p.m. Saturday and Sunday. 9 G. A!2reement to Implement Mitio:ettion 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 prior to posting of this Mitigated Negative Declaration with the County clerk shall indicate the Applicants' and/or Operator's desire that the Project be held in abeyance without approval and that the Applicant and Operator shall apply for an Environmental Impact Report. jjJ!6NP /J.,RfJ1-tJ/.JI3L Printed Name and Title of Applicant [or authorized representative 5--- 1&-0(; s:fglla u Applicant [or authorized representative] Date Printed Name and Title of Operator [if different from Applicant] Date Signature of Operator [if different from Applicant] G. Consultation I. Individuals and Organizations City of Chula Vista: Marilyn R.F. Ponseggi, Planning and Building Steve Power, Planning and Building John Schmitz, Planning and Building Jeff Steichen, Planning and Building Carolyn Dakan, Planning and Building Frank Riveret, Engineering Silvester Evetovieh, Engineering Dave Kaplan, Engineering Sandret Hernandez, Engineering Beth Chopp. Engineering Ben Herrera. Engineerin~ q Mark Caro, Parks and Recreation Gary Edmonds, Fire Department Richard Preuss, Police Department Dave Byers, Public Works/Ops. ApplicantIProperty Owner: Lorna Ratonel Applicant Agents: Allen Sire, "\rchiteet Mr. Brian Sheena & Mr. Thomas H. Zolezzi Others: David T. Charles, Otay Water District Dee Peralta, Chula Vista Elementary School District David Gottfredson, RECON Cheryl Johnson, RECON Kathy Babcock, San Diego Gas & Electric Jon Senaha, County of San Diego, Department of Environmental Health .._ Mike Vernetti, County of San Diego, Department of Environmental Health 2. Documents City of Chula Vista General Plan Update, December 2005. Title 19, Chula Vista Municipal Code Urban Emissions Model URBEMIS 2002, Terra Nova Car Wash and Service Station, March 10, 2006 and addendum April 2007. Acoustical Analysis Report Terra Nova Car Wash, Eilar Associates, April 10,2006 and addendum dated April 25, 2007. Traffic Review of Terra Nova Service Plaza, Darnell & Associates, Inc., April 25, 2005 and addendum dated April 2007. Adequacy of Parking for Terra Nova Plaza Project (PCC 05-044) Memorandum, Jeff Steichen, May I, 2006. Site Assessment Report and First Quarter 2005 Groundwater Monitoring Report, Former Shell Station, 350 East H Street, Chula Vista, California, NorthShore Engineering, Inc., January 27,2005. Second and Third Quarter 2005 Groundwater Monitoring Report, Shell Service Station, 350 East H Street, Chula Vista, California, NorthShore Engineering, Inc., August 12, 2005. Work Plan For Offsite Assessment At The Former Shell Service Station, 350 East H Street, Chula Vista, California, NorthShore Engineering, Inc., August 15,2005. II 3. Initial Studv This environmental determination is based on the attached Initial Study, and any comments received to the Notice of Initial Study. The report reflects the independent judgement of the City of Chula Vista. Further information regarding the environmental review of this project is available from the ChuIa Vista Planning and Building Department, 276 F011rth Avenue, ChuIa Vista, CA 91910. _/J1;~ /21/~ ~teve Power II EAvironmentafhojects Manager Date: b' ;/'1 it" / '/ Attachments: EXhibit A - Location Map Exhibit B - Site Plan Exhibit C - Response to Comments J:\P!anning\Mar::,:v\TerrJ. ~ova Service Station\lS-05-015 mnddoc 11 i l ~ PROJECT ~ ~ LOCATION LC) NORTH f:"f?((t-k '1 r 80S bhibit.-\ c{) II' I I f 1 II I ~ ,II! 1''- TI '.~1 1~IY1! U;~, 1; B: " "j!I~II'I' ~,'. I ~I'I .....li.I~.'I.:'! ~; .'1: iE:; W:;; i :,;) i! iiiL: i. "k.. I ,:1 I~ I~~ :;~Hnii r~ :~:n~g~ ~~ :W;:dnH ~~Hnn~ I ~j'~ < I ~I ~IJ:I,' I. ~'~t"~!UHhU~in; !;"iH;: !;,;;,!j,i":,:i:H!;"'!1";C z '~I )!~:," >-1 .- _ J~~o;:~~~!~~1"~~1 ~')I <f1 r",\ "'1 R'"~~~~~(I~~ I:=-, 'y "- O~I~;~~r 00~~~ z r , ' I '"W~~'~ ~-"\3,~ I_::! ---- i " I 1,1 I. I '<~ r - -.- --- - 'j 0 - ---"',-- -- -0: ~ -- ---"',; 'i, ,! 'CD ' f-~~- 11~=;-:'--~~ S~~ ~ -~.~:~, (~H ~~-!I!:il~I;: . .~. '" / o.c,' I' ,. '~, ' r "d"" ~. /"~":" " ',i I~ D=f:'- --~ . ~-- - - >u ""_1"1 \,m~,!!; I" ~c; '" = i~ " '8--8 1 ....1/1."'4 ~ ~ G ~ -" ~CJjV;c~';'d D:d <- t ":, ~~ ~I~ ~~~~~I 1\ z., -, :L_ 3' .1 I.... 1, - '" '~II ~ .~ -, ' r" " 'J' il~' I > 1!li 'I" I (0") '-- _ -- I ~. &---9 ~ " , '.;0 " , II -:T~- !iii- -.''''' -- ""~- ,,- -.1'", 1 I', - H~ !i11 I ~"r e= /=~===1=~1 · J I';' J r.'k.',~.'--t'~;,:,~ '1Ij!i!I' i!:11 :1' r. ' C -' ~ .. , i'~ : ;r--, ~I'-~l' -i,i" nm!!1 :r I " 1 !o,I'\,,,"I' ,.... 'I I HHe/ill.... il;\~1 .. ... - ~II "':-1, _ -o/'ij "~ of " 'IIi' _j;; _. . rrrBi i -1 'HI ~~" ~~1 ~~ /Ji;',1:~I:~i"! ~! 'r ~..' 'I". . " ~I ~ ~ '!ly"H i I ':I;I~I. "- ~if ~ ~ 8 ,~.~ ,t-r~" :, ~, t ".'.' - __\~L ~_ _ '.~ tL" i' ! I J 1 Li""lf.J '.: .. y t' ~: '''-_''~~ ~..~ ':?:;-, .-,->,1 1:'.L~~,,--.----:t" I ' ,.:..1 ~- - r-~~,." ;. . -, -.c.:. ~:j,;_y./..'.-__-,'.,'.~,.,.I,'-.',.....,-~;. ;, ~ ;f'~1 c:! '~I """j'--l-'1:I ,',: .1/ .( i:' 7~~\, i!_ ;:'.'1' /' I '" .. - ,n ,.v.ll d':~,~!.;} ,," !i"/i-',i~, ':1, - I - , ", c:.; e -J:~:_il~ i ~ l.-I-~L-J _ " i ~-_///" ,';,- __~___L .;;;;r:;~~, :':_//1....{~~\.~.::i~;\ :: ! : I i~ I". :~...."-, .~~" ~:., ~.{~~~r-\ "0t'!f) i, t <"'" '"""~,'-,,, - '''''..;'-1 ~ A.. ! / , ---> /0 L _ _ _ _ _ _ _'f_ _ -.- _ _ _ _ _ _ __ .:..'---__~.._u_~._ _ _ _0__ _ --.:__ --__ ~ y' '~ I IW~~~I' + t:: cD - ~ tf\ ',.10 ~,~ ~::: 2'~ - I II , II "',~ c' " ~I ilii n~~ ; ~-; ~ . '. --."...--...-." -....-. ATTACHMENT A MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) Terra Nova Carwash. IS-05-015. This Mitigation Monitoring and Reporting Program has been prepared by the City of Chula Vista in conjunction with the proposed Terra Nova Carwash project. The proposed project has been evaluated in an Initial StudyIMitigated Negative Declaration (IS-05-015) prepared in accordance with the California Environmental Quality Act (CEQA) and City/State CEQA Guidelines. 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 impac;ts(s): _ I. Air Quality 2. HazardslHazardous 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 Enviromnental Review Coordinator and City Engineer. Evidence in written form confirming compliance with the mitigation measures specified in Mitigated Negative Declaration IS-05-015 shall be provided by the applicant to the Environmental Review Coordinator and City Engineer. The Environmental Review Coordinator and City Engineer will thus provide the ultimate verification that the mitigation measures have been accomplished. Table I, 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-05-0l5, 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:\PIanning\MaryV\Terra Nova Service StD.tion\IS-05-015mmrtextdoc E "' 2 D.. c 'g 0; :2' ~ .Q Ci - - m c; ,}, o ch .c w ro ~ ro U ro > o ';[ ~I ..... CI) :0 n: I- ~ " ~ E E o u "C ~ ~ ro -;; 0 c. ~ E ro 0 ~ u oS m 0 ~ ~ :c '3 ~~ ro Z'"C .- 0 0", g", 0.0. ~ 0 m " m 0 '" .~.'C ....: c.. c a. a.!!:! OJ <(0.0 ut~ X 00 0.,-, m-, c. C ';::e:: X o.g = 0 0'-' "'.. c " "E !6 . . . c X i=Q; 0.0 '-' , > 0 '" ro :< 0. ,.: :2 c2 C) o IX: c.. C) z 1= IX: o c.. w IX: C Z <I: C) Z C2 o I- Z o :2 z o 1= <I: C) 1= :iii _c 00 -0:;:: o ::J ~!E ::E" > e " ~ m " ::E c .2 ro g ~ ci z c ~ o ~ :;::; :J' ro ~ Oro :;::;<U ~::E 20 U).Q :;;:0 " ~ o~o. !!!.cUl D..Uo >- !- ::J <( :::> a '" 4' "C rn ~ .!: o~ " ro EO, ~ Ci.= E '" .- 0 " 0 .0. -~ roo ':;;0 ~ . ~ ro O;~ ~ ~ '" u Q) m EO. 0", 00 -'" ro ~6 "E t5 " rn. 0" .~ 6 .Qu :2 Q)" o . (1)";:: c: t= -5 -[ ro - m 0. .0 'S E c. "'@ II,) .!::! E " 0. '" "' .~ a. ~ ~ ~ 3= o c: 8- 13 Q) <b 2 ~.5 ~ 'S g o " ro " " rn Ol C ,9 '3 ~ ~ 'E 2 ,2 0/ ~ g c 0 -0 m (,) ~ :2 ro ""6 .g 0. " m W m . :::> '0 o .Q ro ~ ID'~ 0.0 0" <n" " Q) o E ~ .9- '" " "''' " m Eo "w 0 ~~ .- , E'" .- ~ o 0 .- 0 :;; " 3 .Q m . :::> :OUTI " ~~ _ c '" ~ roE "0. OJ'S ~" :::>m '0 m w 3 o 0. -" m . m '0 .8 '0 ro "Ii rn c ~ c o :;::;-c ~ m 'c E .- 0. (!) '3 . " :::> m " Q) N E .c E $ ~ ." '0 m o ~ '" ~ ro c .2 t5 2 " c 0_ o . ~-5 - ~ . > 2'.;:; rn "0, $.2 Co .8 .8 ~ ~ ::a ::0 'w .u) <n . o 0 0. 0. ~ ~ '" '" ~ ~ :;;;: 32 o 0 'S '5 " " ~ ~ '" '" ~ tJ ~ ~" '" ro 'U 2 'O~ Il).~ -o~ '" rn . " rn- ~ ~ ~ "E :g'r:: U5 "E 0) :2 c m_ o ~ '" , E'O . m m N 0..- m E > c "'.- 0. E m :is '" ." -> om '0_ m.- m . _m ~ 0 .S :2 UI-S m.o Om ~.= m. 3-5 o ~ 0.. EE o ~ ':=m ~c - ~ '(3 OJ "e:- u '" ~ . -0 mo. ~ E :::>2 '0.8 :E ,Q ;;Ci Om ..--~ -~ ~ 0 ",,0 ~:g -;t;.E iU~ 0.8 " '" . 0 .~~ :3:: "'.0 U)(Qc ~~"E ._ CD (!) ~~-g .0-0 U ro '- ~ou a..a;~ 0.- , <:C..!: Q. .- .- c o "- '" '0 ~ > '" o.~ "''0 Be co Q)= 0.0 '" " '6'0... '" 0 <n 0 we:- ~c '" m 3"" -" :E:.2 .0 m 3 ~ :g::: rn.9: ..sa. :2 .O! :c " 0. '0 m W m > 0 g& 0" ];8 '5~ 'i' 0 '" . ~B . " -c :5 "E 'wO ';;:'" :>o..!: 0.0 ttI~ ~ 3 ~2 E ~ m~ "'" - o "C o m ~"C .0 ~ - > _ m '" 0. _c 0" '0 C 0.0 ~ - . " m > om "'" '" ~ 5:2 ,- .c 1:5 OJ-o 2>iJ} - ~. .0. f5 ro a u~ u ~ ~ 0 .o"'~ _'Om ..c:-=.J:: ~ 0 ~ '" 3 m 3=..c: ~ (j}ut 0> "''' o>m~ - E {: a ro o O. :::u 2i5 ~~ o 0 oc 00 .~~ m " ." ~E E~ .~ 'w ~o 0- .~ 6 .!::!..c: "'. , '" . 3 ~]5 > > o " 0:0.. '2 0 ~ m .0 o ,5 ~ ('\1= - ' -'" ~.o "'rn ",,0 m'~ 0'0 213 o ' '(ij ~ E:a " ~ ~~ 0"' 2 ~ -0 ~:e .0", .0 ~.o > m o ~ U':= '0 ~ > '" 0. o ~ . o , o 0 _.0 " . ~ ~ - ~ 'O~ c:= '" E ~~ gN "'D "'~ . ~ ~ ~ 'Ow -~ .~~ _ 3 ctI:<::; '0 . C ~ ~ U 0.'" .'C ~ " UJ . c: E ~ c g c o :2' c ,!2 ro ,- :2' "' ~ o .;, o r.h .c on '" ~ il il .,... ~ .a ru I- '" '" ~ '" ~ '" c 0 0 0 0 0 '2 '2 '2 '2 '2 :2 0 0 0 0 0 '3 rn rn rn rn rn co >oil: >oil: >oil: >oil: >oil: "",,, B 0> ~c utng>c U OJ 0)...... C3g,~c G ~ i?c (3 0- 000 rno :;:::..!: 0- ttJ :g'Ei5 Q) :::>"L: '6 (1) :;::.";:: i5 Q) :g ";:: "is a> '" '" c:v;gE (1] w:::= E cw=E C a>= E m w= E ~ g E mQ):;It; (.) Q) :;I 1:: ro(\):::It:: row::It:: uQ):::It::: 0'- 1:: g.S ID ro =.SDJ ro ,g.5 (IJ 9 g.5~ ? 'R'~~ ~ ._ C m a... 0'1-0 0.. a. C>>-c c.. a.~" 2: g-g II) Cice. a.CcQ) a.Cc(l) a..CcQ) a.Ct:ID c.~ ttJ <(WroO <(WrnO <(UJroO c(WmO <(WmO ~a.D --' -:n~ X X :g:gX X X X 00 "-u "-u ~-' ~-' o ~ O~ X ;:0 X X X X ;:0 X 0 0 ,0 "u "u . ~ X . ~ X ~ 0 X X X " 0 X "-0 000 N U U u 00 rn " " a. ,..: ,..: ~ o :g '3 co """ ,- 0 '5rn O~ rnO g'~....; 8:~ g. ~Q,D 0' --' ~. X o c "-u ~-' o . ;:: c X , 0 "u . ~ 5 >< ,,-u " ,..: o .2 u '" 2ft we 2 0 Uj.Q :;'u c:rl~ '" .c ~ O:uc "' -' ~ oc LU ~ :;; "' ::J o o '" ~ I U5 o '" i'S ~ I ~E8-ga8 (u2~ (u.2~ro:g;g .s~m ........... 0 oO"~ .!!! w--e (/)"5 E Q) ID arQ.g ~a. w ...-o(ij '-=u~ 0 o<<JUj 1:1 m m .=: ~-;3.5~<(.E "*iE-ro (!) >- .;:: :: ~ "'" oc-a c'E. Q) '" O~-rnUE"'20:J..:2 ......-aD .., E ~2 .~~~-go 2 :S -;8-gmg,U) ~~.~ (/)-cc2'~ I .g 8 ~ .~ Q)"m mOlD ro C ~Eo..Uic::!. N'-ro '5~-g--'"~cr; ~-g~~ m.nrn~ '" _:::I8.~ 8m.2~g'1]J olDro~ ~-g-6 uS ~,.Q.5~ o OJ ro~..:!O:: ..... E-~-g~uCg>==~ Q)"'O-a U'-'-.9 o~ (1]"'0 "DCe:::: -=\1i.....(/.I......c ;>. ('IJ m g;.u)_~ :::> rJ) <J) ~ ~ ~~~rn.Q~goc~~ gU;ii)=E! 2~ 02 (ij- ';::EEra::lc""OB~cm 6~~~Lg~8;ij8~8g N C> 20 en .S! :;'u Orn:E ~ _.con a.Uo ~ :J ~ ::J a '" ill !;( ~ >- CJ o -' o '" o >- I ]5 ~o.8.85 E.~.~.g2(U ~~t5'~~o ~-o ~ 0. ..c (UE~U)gU) :2"'" :>.o<u .8 . =: -;n ~ U) c.;:: , (U U;.....Eu5u Q) 0 U <U I:: E CDc:::l ""'0 o.::::."'Oo~ i:::g~~t1iOJ <l> = 0 .- c EOu~.Q:';:: <l> a. a> (I) <l> -S o.."E~Q)-o~ .1; ~ ~.c.g"'" ~ c = <U U) =a.<u~;E ~.8 ~U)o,* U) .;:: U) :>.. cn::)o.... ~U) in .....0...."'0:2..... 11).- c:2...cca <U OJ~ ~cao f5<u1; a. ---.c 2.~.~ g a. U) ~ <U -0 ..... ra ~ E'~i::"'O ~ 'f52e~E~ ~~g!.8:~.8-a> 1-0.... U) ro Q.W""Q .,. 20 U) .2 :;'u u '" 0",,,- "'.c ~ D:U.E: rn~>o ?32Ci B~~ _ u ~E" B.8~ "' '" on :acE rn '" 0 ,gE..... 8: g-Cii (1J Q) ~ '" > rn 5~~.E! 2~2~ ~ c E E--g E.~ 8 ro.~ ~ o '" ~~ g;;; ~Ea::=-- i:: g-- ~ ~ID~~ = 5:'i E:2 8:0 i!1~ rn rn- I1)roc...c ~5~~ .; 20 U5 .2 :;'u " '" o",a. rn .c on B:uc Cii2 .c rn on ~ wE 2 0 0" - C .co on 0 "'- 1: 0 rn~ " 0 (l)~ .ern -", oE '" o > o '" 150.. ,,- ~~ 5:; ui u ~ m ".3(ij ~ .m 0 co:o.g .9:J-g "5 in (30 O.s.s <D 20 en .2 :;'u u '" o",a. ~..cUJ Q,Uo ",.c =::(1) w rn ",'" .c '" - .c ,,- o 0 rnc -0 .~ i" 0 ~ c 0" u~ ",c .0 '" > -'" rn ~ .ca. ~ 0 ",- ",on -'" rn~ i" rn o ~ ~ rn -U-5ro ~ ~ ~ .c 0 '" W .- '- e -0 ~ -"'0 11)"(3 ..c~c >- ~ '" ,..: ill "' o z 20 en .2 :;'u u '" o ",a. rn .c ~ C:UC (UU'I"'OO ..... 11) co 5~~O .cE- (U g . c ?3 Co 11) ..ccoa> uo~1: :';::011) . ~~..-..Q~ :~o-g~ o :3 ~ ca 3 ::::;-u 5 ~U) o-g~:g-g ~"""..cu.ca rn_ ~ -<i a;: c..c ::: NT Q) OJ rn r---:t5 11) 5"E "-11)3:.....= .o-a> -5 ro .Q o...c (j) o "'0 ~E' Q) Q)~2 -0 . U}-g;gg~ .sU-32<? 0.. .aJ ...... Cii E-o ~.g.Eroc " u rn e'c'rnOE ct~~i:;' '" ~I ~ .~ " c:: Ci " .2 o :;;: " o '" .- :;;: "' o .;, o ch i 1'1 ~I >, 01 -, ~, "'I ':)i H '" c :g '3 co .2:''0 .~ c:...... ~ro~ ~ g E u'- t ._ ern Cice. a.~ (!) "'0..0 -- - x x ..- Q) :Q CO I- x 2 c U5 .Q :;'0 u ~ C~c. "'~ 00 a::Uc Q) Q) L....... Q) cr ID "C' 0) >> :SE~ 2.!!!.::l5:J E~ __ 0 _0 a......: G.2.SQjc<:( ..c:-Bow ID "O..c ene-v........... E >.0-0 0-c.3 c:-c-a.~ -2'~8"t.'J~o<(.2..6ifj rn ~ II) ~Ol.Occ o-J:: ~.!!! 11)11)5:0 o-c~~ W: -0 .!!l.!!:! <( Q) <> 0 -0 ::> o:uo::>>=~(!)<(-c:Q) -5 C:~:r:: ~-o1D g-m-5 '-...... .......c:cc-o~......:E ..2:E_3~::J(lJCI U)3= U] :J..::9 0 ~ ..8 <f) <0 <( ~ - ~ eyr:; E t,;; a:I;;:o. (/) j::QJ(1) (/)>,:J"C-o W ~~ E15.~"t:.,g ~l(J.c.-~ D...:J:5 e:a...~ I.D:=J- ~<I)'5(ij ~ e E 5-g ~.~ :Q CIS Wc ~ u a.~.,g III d) g ._..... J::::..c In :J'E Q)..... t:.2J 11) ....:5-c :::.a~:5 @ geE 6__.!!:! ..': ~-~ [a> ~~L: roE ~(ijo~-:J:5'~.g E ~ ro 2..c cO-.....-crn:B:Jo Q.r.nC:o:::IDro..-.C.cOU') g........Q Jg TJ 8 :s '5'~.c.!!:! o~t5~<Dc:.,g-ocQ)E:;; -- u.E 0 c:: ca rn-o (3 'R.!!! E :J.S ID ~_s ~ 3 ;r g-]i~ E~ ;S~~-{g.8 m '" 0> 0> C C c :Q :Q ~ .3 .3 '3 CO CO CO .2:''0 .2:''0 .2:''0 o~c 0 c- ~~~ '" c '" ~ '" ~ ~ g> E ~ g> E ~ g> E U'- t u ,- t: U'- 1:: ._ c ro ~E~ ._ c ro a.Ca. ~~ ~ a..!!! ID a.2! Q) "'0..0 "'0..0 "'0..0 X X X X X X X X X 2c U5 .Q :;'0 u~ c~c. ~...cU') o..uc (/) -u Q)-O mw.J:: Q) c c:....... U'] .- Q) I/) 0 32 (l)~ a. 's.... u x .a~..Qw ~ .a ~ ..c:w.......c .....,Q\tI..... c:"'O:5 0 oc.....-- (/)<0 Q) VI ... __ a. Q) ~ @ ~ '2 . 2E~~E '52 a. e (!) c ro 0 0. Iii o..c .t:: >. U ro 0 >. U] .!::: Q) e -e c ~'6~mg c c ,- c.E!! ro(1]:::(1]:g ~~.2:S~ J!! g. d> ~ rn iii 0.. ~ .;:,~ g-a..5;;ro ::J ~ E ,~fj o.......::;).::>Q) 0."B E IV E .gg:S:~~ 0= Eo co ~rn ttI IDe <(~E,S ~ 6 ~ 00 ~ ttI ttI ro '- ~ . a~~~ ~~:a- o c. ~:?ro 1; IV:O ~ c.. .o'S,~ g. =.0'- . ~ ~~ ~g ~ co g-'e <DrniDa. E,!::,~ ,~~ ~'O g. C5J1? ~ _ (5 ~ c g fI),2 ~~~~ DJEoO :: IV iii 0 E -0 Q) , IVIVoID2 ,~::c c: ~,~ g~~Eg. Q) 0.19 0.. ..c o.ID Q) 0. I-ro-onttl ~ .a 00 o ~ ~ t; . u ro-d ~~ -c rnro c ~ _ u ~g' ~.- 0'0) ~.a - ~ -gm ~oo ~m c.u .!Q (1] '05 ~ ~ .0= ~ =ro3 ~'" ~ 0 ~"2 mE U5.3 '" , ~ '" '" 0. 2" en ,2 320 c 0 ~ ttI~ ~ O:uc c .2 o ~ 2g. en c rn'O c c ~ttI ~ ~ ~ ro c. '0 0';:: "- ~~ ::Jo> 36>- ~~'" ro~'o 0;:'5 ~~ U) ';:: :5-g -52ro >, u :s E~ B: 8 ci. 3 c{ 08 rn 0::: (5..U) I:::: c ~ E Z =roB ci. o .c. '0 i= fI) Eo ~ <J) ct10 0:: .~ 8 ~ o ,~r:-:-: Q. a;.......E ~ -0 ~ ro 4.:: a; 525 0:: ::J 0 .. I- LL..c co ~ ~ N ~ ~(f? -op---: ENVIRONMENTAL CHECKLIST FORM ON OF (HUlA VI5fA 1. Name of Proponent: Lorna Ratonel 2. Lead Agency Name and Address: City of Chula Vista Planning and Building Department 276 Fourth Avenue Chula Vista, CA 91910 3. Address and Phone Nnmber of Proponent: 1515 "L" Avenue National City, CA 91950 4. Name of Proposal: Terra Nova Service Station and Car Wash 5. Date of Checklist: May 9, 2006 6. Case No. IS-05-0 15 ENVIRONMENTAL ANALYSIS QUESTIONS: Less Than Potentially Significant Less Than With Issues: Significant Mitigation Significant No Impact Impact Incorporated Impact I. AESTHETICS. Would the project a) Have a substantial adverse effect on a scenic vista? 0 0 0 . b) Substillltially damage scenic resources, including, but 0 0 0 . not limited to, tress, rock outcroppings, and historic buildings within a state scenic highway? cJ Substantially degrade the e.'iisting visual character or 0 0 0 . quality of the site and its surroundings? Issues: Potentially Significant Impact Less Th:m Significant 'With Mitigation Incorporated Less Than Significant Impact No Impact d) Create a new source of substaDtilll light or glare, which would adversely affect day or nighttime views in. the area? o o o . Comments: a-b) 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, there would be no impact to the aesthetics of the area. c) The existing gas station/convenience store is located within a funy developed commercial/retail center, The proposed car wash and convenience store addition would occur within the confines of the current footprint of the service station and would incorporate architectural designs and building heights consistent with the existing structures, The project would not degrade the visual character or quality of 'the site or its surroundings, d) The project win be required to comply with the light and glare regulations (Section 19,66,100) of the Chula Vista Municipal Code (CVMC). Compliance with these regulations would ensure that no substantial glare, or light would affect daytime or nighttime views in the surrounding area. Mitigation: No mitigation measures are required. II. AGRICULTURAL RESOURCES, In determining whether impacts to agricultural resources are significant enviroD!11ental 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 fannland, Would the project: a) Convert Prime Farmbnd, Unique Fa.nnland, or Fannland of Statewide Importance (Fa.nnland), as shown on the maps prepared pursuant to the Fa.nnland Mapping and Monitocing Program of the Califorola Resources Agency, to non- agricultural use~ o o o . b) Conflict with existing zarling for agricultural use, or a Williamson Act contract? Less Than Potentially Significant Less Than \Vith Significant Mitigation Significant Xo Impact Impact Incorporated Impact 0 0 0 . Issues: c) Involve other changes in the e...asting environment, which, due to their location o.r nature, could result in conversion of Fannland, 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 Farmland, 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 _ _ pr_oposed project, Miti2ation: No mitigation measures are required. IILAIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to rrulli:e the following detenninations. Would the project: a) Conflict with or obstruct ilnplementation of the applicable air quality plan? o o o . b) Violate any air qua1it'J standaId or contribute 0 . 0 0 substantially to an existing or projected aJI quality violation? c) Result in a cumulatively considerable net increase 0 0 0 . of any criteria pollutant for which the project reglOll 15 non-at:ta.inrnent under an applicable federal or state ambient ill quality standard (including releasing emissions, which exceed quantitative thresholds for ozone preCUIsors)? Issues: d) Expose sensitive receptors to substantial pollutant concentrations? eJ Create objectionable odors affecting a substantial number of people? Comments: a-e J See Mitigated Negative Declaration, Section E. Miti!!ation: See Mitigated Negative Declaration, Section F. IV. BIOLOGICAL RESOURCES. proj ect: Would the aJ Have a substantial adverse effect, either directly or through habitat modifications, on any speeles identified as a candidate, sensitive, or special status speeles in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or US, Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural coromumty identified ill local or regional plans, policies, regulations or by the California Department of Fish and Game or US, Fish and Wildlife Service? cJ Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other me:lils? Less Than Potentially Significant Less Than With Significant i\litigation Significant No Impact Impact Incorporated Impact 0 a 0 0 o o o . o o o II o o o . o o o . d) Interfere substanlliilly v",th the movement of any naave resident or migratory fish or wildlife species or v",th established naave resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Less Than Potentially Significant Less Than With Significant Mitigation Significant ~o Impact Impact Incorporated Impact 0 0 0 . Issues: e) Conflict with any local policies or orclinances protecting biological resources, such as a tree preservation policy or ordinance? o o o . ~ Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, reg;oruU, or state habitat conservation plan? o o o II Comments: a) The existing project site is fully developed as a gas station/convenience store. No candidate, sensitive or special status species are present within or immediate1y adjacent to the proposed project site. b) No local riparian habitat or other natural sensitive communities are present within or immediately adjacent to the project site, c) No wetland habitat present within or immediately adjacent to the deve10ped project area. d) There are no wiJdlife dispersal or migration corridors existing within or immediately adjacent to the proposed project site. e) The project site is fully developed; no biological resources would be affected by the proposal and no conflicts with local policies or ordinances protecting biological resources would occur as a result of the proposed deve1opment. f) The proposed project site is located in a designated development area as defined by the City's MSCP Subarea Plan. There are no biological resources present on the project site and the proposal would have no impact to local, regional or state habitat preservation planning efforts, Miti2ation: No mitigation measures are required. Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact ~o Impact V. CULTURAL RESOURCES, Would the project: a) Cause a substantial adverse change 111 the significance of a historical resource as defined in ~ 15064,5? o o o . b) Cause a substantial adverse change 111 the significance of an archaeological resource pursuant to ~ 15064.5? o o o . c) Directly or inclirec11y destroy a unique paleontological resource or site or unique geologic feature? o o o I!J d) Disturb any human rematns, including those interred outside of fonnal cemeteries? o o o . Comments: a) The existing project site is located within a fully developed area. No historic resources are known or are expected to be present within the project impact area. Therefore, no substantial adverse change in the significance of a historical resource as defmed in Section 15064.5 is anticipated. b) The existing facility is not listed in, or currently eligible for listing in the California Register of Historical Resources, No historic buildings or structures are present within the previously disturbed project site and no prehistoric or historic objects are known. Therefore, the potential for adverse changes to archaeological resource as defmed in Section 15064.5 is not anticipated, c) Based on the level of previous disturbance to 111e site and the relatively limited disturbance for the proposed project, the potential to directly or indirectly destroy a unique paleontological resource or site or unique geologic feature is not anticipated. d) The proposed project consists of limited site improvements to an existing, fully developed facility, No human remains are anticipated to be present within the previously disturbed impact area of the project. lVIiti2:ation: No mitigation measures are required. VI. GEOLOGY AL'-fD SOILS -- Would the proj ect: a) Expose people or structures to potential substantial adverse effects, including the risk of Issues: loss, injury or death invoh~g: 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist,Priolo Earthquake Fault Zoning J'vIap issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Potcntially Significant Impact o o o o o o o o Less Than Significant '\-Vith ~Iitigation Incorporated o o o o o o o o Less Than Significant Impact . II Ii o o o o o No Impact o o o II II Ii) . . 11. Strong seismic ground shaking? 111. Seismic-related liquefaction? ground failure, including lV. Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial 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 avalbble for the disposal of wastewater? Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a) The proposed project is located within a fully developed shopping center site. The Final EIR prepared for the Rice Canyon EIR79-8 identified several trace faults located in the vicinity of the project site, The trace faults were attributable to the La Nacion and Sweetwater Fault zones and were determined to be inactive (Shepardson Engineering, 1977), The adopted EIR contained mitigation measures designed to reduce or prevent the potential for geologic hazards, All prior grading associated with the Terra Nova Shopping Center was performed in accordance with the adopted EIR mitigation measures and approved soils report. Therefore, impacts to geological resources would be less than significant, bod) The project site and the surrounding land uses are fully developed. All prior grading associated with the Terra Nova Shopping Center, which included the proposed project site, was carried out in accordance with the previously adopted mitigation measures and approved soils report, e) The project does not propose the use of septic tanks or alternative wastewater disposal systems. Sewer services will be provided by the City of Chula Vista, Therefore, development of the proposed project would not result in impacts associated with the use of septic tanks or alterative wastewater disposal systems, Mith~:ation: No mitigation measures are required. VIT. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? o II 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 materials into the environmmt? o . o o c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste w-ithin one-quarter rrille of an existing or proposed school? o o o . Issues: d) Be loc~ted on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located ","thin an allport land use plan or, where such a plan has not been adopted, within two miles of a public allport or public use allport, would the project result in a safety hazard for people residing or working in the project area? Less ThaD Potentially Signific::mt Less Than With Significant Mitigation Significant No Impact Impact Incorporated Impact 0 0 0 . o o o . 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? o o o \I g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? o o o II 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 intennL'{ed with wildlands? o o o tI Comments: a,b) See Mitigated Negative Declaration, Section E. c-h) The project site is not located within one-quarter mile of an existing or proposed school. The project site is designated for commercial development according to the General Plan and Zoning Ordinance and is not located within an airport land use plan or in the vicinity of a private airstrip or wildlands, Mitigation: See Mitigated Negative Declaration, Section F, Issues: HYDROLOGY Al"ill WATER QUALITY. Would the project: a) Result in an increase in pollutant discharges to receiving waters (including impaired water bodies pursuant to the Clean Water Act Section 303(d) list), result in sigoificant alteration of receiving water quality during or following construction, or violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-exisring nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Result in a potentially sigoificant adverse impact on groundwater quality? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the exisring drainage pattern of the site or area, including through the alteration of the course of a stream or .river, substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site, or place structuIes within a 100-year flood hazard area which would impede or redirect flood flows? e) Expose people or structures to a sigoificant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or darn? Potentially Signific::tnt Impact D D D D D Less Than Significant \Vith Mitiption Incorporated . D D D D Less Than Significant Impact D II II . D No Impact D D D D . Issues: D Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Comments: a-f) See Mitigated Negative Declaration, Section E. Mitigation: See Mitigated Negative Declaration, Section F. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of w agency with jurisdiction over the project (including, but not limited to the general phn, specific plw, local coastal program, or zoning ordinwce) adopted for the purpose of avoiding or mitigating w environmental effect? cJ Conflict with wy applicable habitat conservation plan or natural community conservation plw? Less Than Potentially Significant Less Than With Significant Mitigation Significant No Impact Impact Incorporated Impact 0 0 . 0 D D D II D D D I] D D D . Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated. Less Than Significant Impact No Impact Comments: a) The project site and the surrounding uses are fully developed, The proposed project would not disrupt or divide the established community therefore no impact would occur as a result of the proposal. b) The project site is located in the PC-C (planned Community - Commercial) Zone and CR (Retail Commercial) General Plan land use designation. The project is consistent with the applicable zonmg 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 Developed Area. l\1iti1!ation: No mitigation measures are required. MINE~ RESOURCES. Would the project: aJ Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? o o o II b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? o o o . Comments: a) The project site and the surrounding land uses are fully developed 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 of California, No impact to mineral resources would result ITom the proposed project. b) The State of California Department of Conservation has not designated the project site for mineral resource protection and no impact would occur as a result of the proposal. J'YIiti!!ation: No mitigation measures are required. Lcss Than PotentialIy Significant Less Than With Issues: Significant I\-1itig:ation Significant No Impact Impact Incorporated Impact NOISE. Would the project result in: aJ Exposure of persons to or generation of noise levels 0 0 . 0 in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? bJ Exposure of persons to or generation of excessive 0 0 . 0 groundbome vibration or groundbome noise levels? cJ A substantial penn.anent increase in ambient noise 0 0 II 0 levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase ill 0 . 0 0 ambient noise levels in the project vicinity above levels existing without the project? eJ For a project located within an airport land use plan 0 0 0 f}J or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? o o o . Comments: See Mitigated Negative Declaration, Section E, Miti~ation: See Mitigated Negative Declaration, Section F, Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact XII. POPULATION AND HOUSING, \Vould the project: a) Induce substantial population grovith in an area, either directly (for e,,<ample, by proposmg new homes and businesses) or indirectly (for example, through extension of road or other infrastructure)? D D D \I b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? D D D \I c) Displace substantial numbers necessitating the construction of housing elsewhere? of people, replacement D D D II Comments: a-c) The proposed project involves minor expansion of the existing business, The proposal does not involve residential housing and would not induce population growth in the area or require substantial infrastructure improvements, No pennanent housing exists on the project site and no displacement of housing or people would occur as a result ofthe proposal. Based on the size and nature of the proposal no impact to population or housing would occur as a result of the project. Mitie:ation: No mitigation measures are required. XIII. PUBLIC SERVICES. Would the project: Result in substantial adverse 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 cause significant environmental impacts, in order to maintain acceptable service ratios, response rimes or other performance objectives for any public services: a) Fire protection? D D . D Issues: Potentially Signific:lnt Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact ;\"0 Impact b) Police protection? o o . o c) Schools? o o . o d) Parks? o o o . e) Other public faciliti~s? o o o Ii!I Cemments: a) Adequate fIre protection services and response times can continue to be provided to the site without an increase of equipment or persOlll1eL The applicant is required to comply with the Fire Department policies for new building construction and fire prevention, The proposed project would not have a significant effect upon or result in a need for new or altered fire protection services, The City perfonnance objectives and thresholds 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 proposed project would not have a significant effect upon or result in a need for substantial new or altered police protection services. The City perfonnance objectives and thresholds will continue to be met. c) The proposed project would not induce population growth; therefore, no significant adverse impacts to public schools would result. According to the Chula Vista School District letter dated August 18,2005, the applicant would be required to pay the statutory building permit school fees for the non-residential construction/proposed commercial buildings. d) The proposed project would not induce population growth, therefore, the project would not have an impact on or create a demand for neighborhood or regional parks or facilities or impact existing park facilities. e) The proposed project would not have an impact on or result in a need for new or expanded governmental services and would be served by existing or planned public infrastructure, ~Iiti2"tion: No mitigation measures are required. Issues: 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 OCClli or be accelerated? 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? Comments: Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact o o o . o o o . a) The proposed project would not induce population growth therefore no impact to existing neighborhood parks or recreational facilities resulting in physical deterioration would occur. b) The project does not include or require the construction or expansion ofrecreational facilities. The Parks and Recreation E1ement contained the City's current General Plan does not identifY the site of the proposed project as an area planned for any future parks, recreational facilities, or other recreational programs. No impact wou1d occur as a resu1t oflbe proposal. Mitigation: No mitigation measures are required. XV. TRANSPORTATION I 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 v01ume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of servIce standard established by the county congestion management agency for designated roads or high'\vays? o . o o D D . o Less Than Potentially Significant Less Than With Issues: Significant Mitigation Significant No Impact Impact Incorporated Impact c) Result in a change in air traffic patterns, including D D D II either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature D D D II (e.g" sharp curves or dangerous intersections) or incompatible uses (e,g" farm equipment)? e) Result in inadequate emergency access? D D II D 0 Result in inadequate parking capacity? D 0 II 0 gY -- 'C~nflict with adopted policies, plans, or programs supporting alternative transportation (e,g" bus turnouts, bicycle racks)? o o D II Comments: a-g) See Mitigated Negative Declaration, Section E Miti!!ation: No mitigation measures are required. XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? D D . D b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? D D . D Issues: c) Require or result in the construction of new storm water drainage facilities or e:...-panslOll of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from e....asting entidements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand 1!1 addition to the provider's existing commitments? f) Be' served by a landEll with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? Potentially Signific.:mt Impact o o o o o Less Than Significant With :;\litigation Incorporated o o o o o Less Than Significant Impact . o III II 1'1 No Impact o . o o o Issues: Potentially Significant Impact Less Than Significant 'With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a) The project is located within an urban area that is served by all necessary utilities and service systems and would not exceed the wastewater treatment requirements of the Regional Water Quality Control Board. Therefore, a less than significant impact would occur as a result of the proposed project. b) The proposed project would not require the construction of new water or wastewater treatment facilities or the expansion of existing facilities. The project includes an automated car wash with a water reclamation system and separator to divide liquids and solids in compliance with Storm Water Management principles. Impacts to wastewater treatment facilities would be less than significant, c) No construction of new storm water drainage facilities or expansion of existing facilities would be necessary as a result of the proposed project. The project is required to implement Best Management Practices to prevent pollution of storm drainage systems and comply with the City's Storm Water Management Requirements therefore environmental impacts would be less than significant. d) The project site is within the water service area of the Gtay Water District. There is a lO-inch water ~main located on East H Street currently serving the project site. No new or expanded entitlements are anticipated therefore the proposed project would have a less than significant impact. e) See XVI, a, and b. above f) The City of Chula Vista is served by regional landfills with sufficient capacity to serve the project and meet the solid waste needs of the region in accordance with State law. The proposal would have a less than significant impact on regional landfills. g) The proposal will be required to comply with federal, state and local regulations related to solid waste and would have a less than significant impact on the environment. Mitigation: No mitigation measures are required, xvn. THRESHOLDS Will the proposal adversely impact the City's Threshold Standards? A. libraxv o o o . The City shall construct 60,000 gLoss square feet (GSF) of additional library space, over the June 30, 2000 GSF total, in the area east of Interstate 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. library facilities are to be adequately equipped and staffed. Issues: B) Police a) Emergency Response: Properly equipped and staffed police units shall respond to 81 percent of ''Priority One" emergency calls within seven (TJ minutes and maintain an average response time to all "Priority One" emergency calls of 5.5 minutes or less. b) Respond to 57 percent of ''Priority Two" urgent calls within seven (J) minutes and maintain an average response time to all ('Pciority Two" calls of 7.5 minutes or less. C) Fire and Emer[':encv Medical Emergency response: Properly equipped and staffed fire and medical units shall respond to calls throughout the City within-7"mmutes in 80% of the cases (measured annually). D) Traffic The Threshold Smndards require that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur during the peak two hours of the day at signalized intersections. Signalized intersections west of I-80S are not to operate at a LOS below their 1991 LOS, No intersection may reach LOS IIEr! or "F" during the average weekday peak hour. Intersections of arterials with lieeway ramps are e..':empted liom this Standard, E) Parks and Recreation Areas The Threshold Standard for Parks and Recreation is 3 acres of neighborhood and community parkland with appropriate facilities /1,000 population east ofI-80S, F) Drainage The Threshold Standards require that stann water fIov,s and volumes not exceed City Engineering Standards. Individual projects '\Vill provide necess:u:y improvements consistent with the Drainage Master Planes) and City Engineering Standards, Potentially Significant Impact o o o o o Less Than Significant With Mitigation Incorporated o o o o o less Than Significant Impact . L'I .. o . lS"o Impact o o o . o Issues: G) Sewer The Threshold Standaxds require that sewage Elo'W" and volumes not exceed City Engineeffi1g Standaxds. Indiv-idual projects \Nill provide necessary improvements consistent with Sewer Master Pbn(s) and City Engineeffi1g Standaxds, H) Water The Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and that water quality standaxds are not jeopardized during growth and construction. Applicants may also be required to participate in whatever w~!.e.r_conservation or fee off-set program the Gty of Chula Vista has in effect at the time of building permit issuance. Less Than Potentially Significant Less Than With Significant Mitigation Significant No Impact Impact Incorporated Impact 0 0 . 0 o o . o Issues: Potentially Significant Impact Less Than Significant \Vith l\[itigation Incorporated Less Than Significant Impact No Impact Comments: a) The project would not induce population growth; therefore, no impacts to library facilities would result. No 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 at the project site. The proposal would not have a significant effect upon or result in a need for substantial new or altered police protection services. No impact to the City's Police threshold standards would occur as a result of the proposed project, c) According to the Fire Department, adequate fire protection and emergency medical services can continue to be provided to the site, The proposed project would not have a significant effect upon or result in a need for new or altered fire protection services. No adverse impact to the City's Fire threshold standard would occur as a result of the proposed project. d) According to the Traffic Engineering Section, East H Street currently exceeds the LOS "c" threshold standard however, the proposed project wi1l result in a reduction in weekday trips, No further impact to the City's Traffic threshold standard would occur as a result of the project. ' e) Because the project site is a commercial land use, the Parks and Recreation threshold standard is not applicable. 1) The applicant does not propose any new or improved drainage facilities on the project site, The applicant will be required to implement Best Management Practices (EMPs) to prevent po11ution of storm drainage systems both during and after construction and prevent discharge of trash, debris, or non-storm water to the storm drainage systems. In addition, the applicant wil1 be required to comply with the City of Chula Vista's Development and Redevelopment Storm Water Management Requirements Manual. Therefore, no adverse impacts to the City's storm drainage system or City's Drainage Threshold standards would occur as result of the proposed project. g) The Engineering Division has determined that the existing sewer facilities are adequate to serve the proposed project. No new sewer facilities are necessary and no adverse impacts to the City's Sewer Threshold standards would occur as a result of the proposed project. h) According to the Otay Water District, water service can be provided via a lO-inch water main located on East H Street. Additional1y, OWD has determined that the existing water storage, treatment, and transmission facilities are adequate to serve the project. The proposal would not result in a significant impact to the City' s Water Threshold Standards. Miti(!ation: No mitigation measures are required. Issues: XVIII, lYIANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quilliry of the envirooment, substancially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustailling levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individwilly limited, but cumulatively considerable? ("Cumulatively considerable" means that the - -. incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other cuttent project, and the effects of probable future projects.) c) Does the project have enviroomental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Comments: Potentially Significant Impact Lcss Than Significant With Mitigation Incorporated No Impact Less Tban Significant Impact D D o . D II o o o II o o a) The project site is currently developed and located within an established urbanized area within the designated development area of tlle adopted Chula Vista MSCP Subarea Plan and there are no known sensitive plant or animal species or cultural resources on the site. No adverse impacts would occur as a resuIt of the proposal. b) No cumulatively considerable impacts associated with the project when viewed in connection with the effects of past projects, other current projects and probable future projects have been identified. 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 air quality, hazardslhazardous materials, hydrology/water quality, noise and transportation/traffic generation would be mitigated to below a level of significance, Miti!!ation: See Mitigated Negative Declaration, Section F, XIX. PROJECT REVISIONS OR MITIGATION MEASURES: Project mitigation measures are contained in Mitigated Negative Declaration IS-05-015, Section F, Mitigation Necessary to Avoid Significant Impacts and Table 1 Mitigation Monitoring and Reporting Program. xx. AGREEMENT TO IMPLEIVIENT 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 1.0 f:-N t} ;B.J? tJfo f.} r;-l- Printed Name and Title of Authorized Representative of [Property Owner's Name] esentative of .j:/("O(; Date Printed Name and Title of [Operator if different from Property Owner] Date Signature of Authorized Representative of [Operator if different from Property Owner] )LXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the previous pages. D Land Use and Planning . Transportation/Traffic D Public Services D Population and D Biological Resources D Utilities and Service Housing Systems D Geophysical D Energy and Mineral D Aesthetics Resources D Agricultural Resources 1'1 Hydrology/Water II Hazards and Hazardous D Cultural Resources Materials . Air Quality II Noise D Recreation q .Threshold Standards D 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 0 environment, 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 I) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An Environmental Impact Rep(jrt is required, but it must analyze only the effects that remain to be addressed. I fmd 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 EIR or Negative Declaration pursuant to applicable standards and (b) have been avoided OT mitigated pursuant to that earlier EIR or Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, nothing finther is required. ~k ;{}~ (Skve Power jI '-Environmentaf Proj ects Manager City of Chula Vista r:, /;9 h( Dajk' / J:\PJanning\.i\1aryV\Terra Nova Service St<1tion\IS-05-0 15CKLST.doc ATTACHMENT 3 Planning Commission Resolution ZA V-07-06 ATTACHMENT 4 Planning Commission Resolution PCC-05-044 RESOLUTION NO. PCC-05-044 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION ADOPTING MITIGATED NEGATIVE DECLARATION IS-05-015, AND APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT AND OPERATE A CARWASH FACILITY AND EXPAND/RELOCATE AN EXISTING CONVENIENCE STORE AT 350 EAST H STREET. - Lorna Ratonel. WHEREAS. on March 14, 2005, a duly verified application for a Conditional Use Permit was filed with the City of Chula Vista Planning and Building Department by Lorna Ratonel ("Applicant"); and WHEREAS, the application requests approval of a Conditional Use Permit to allow construction and operation of a carwash facility and expansion/relocation of an existing convenience store ("Project"); and WHEREAS, the area of land which is the subject of this Resolution is an existing sub-parcel within the Terra Nova Shopping Center identified as 350 East H Street in the PC-C, Planned Community - Commercial Zone ("Project Site"); and WHEREAS, the Planning Commission previously approved Conditional Use Permit, PCC-86-33 to build the existing gas station on June 11, 1986; and WHEREAS, The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study (IS-05-015) in accordance with the California Environmental Quality Act. Based upon the result of Initial Study, the Environmental Review Coordinator has determined that the project could result in significant effects on the environment. However, revisions to the project made by, or agreed to by, the applicant would avoid the effects or mitigate the effects to a point where clearly no significant impacts would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-05-015 and associated Mitigation Monitoring and Reporting Program. The Environmental Review Coordinator has determined that the changes to the currently proposed project are minor with no additional environmental impacts or issues identified that are not already covered under the Mitigated Negative Declaration IS-05-0 15 addressed in the previous project. Said changes requested to enlarge the carwash facility and expand/relocate the existing convenience store. Therefore, pursuant to CEQA Guidelines Section l5073.5(c) recirculation of the Mitigated Negative Declaration is not required, and; WHEREAS, the Director of Planning and Building set the time and place for a hearing on the Conditional Use Permit application, and notice of the hearing, together with it purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and Page 2 May 23, 2007 WHEREAS, the hearing was held at the time and place as advertised, namely May 23, 2007 at 6:00 p,m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed; and WHEREAS, after considering all reports, evidence and testimony presented at the public hearing with respect to the Project, the Planning Commission voted to approve the Project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission finds as follows: That the proposed use at this locatiou is uecessary or desirable to provide a service or facility which will coutribute to the geueral well beiug of the ueighborhood or the commuuity. Adding a carwash facility and expanding/relocating the convenience store at the existing service station site within Terra Nova Plaza will provide a convenient location to serve the needs of the East H Street/Interstate 805 area. The closest carwash facility to the project site is approximately I 12 miles away, The provision of these goods and services in close proximity to home and work contributes to the general well-being of the neighborhood and community by allowing residents to complete necessary, routine errands without the stress and traffic generation of driving longer distances. That such use will uot, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The proposed carwash and expansion/relocation of the convenience store will not result in any negative impacts to health, safety or general welfare. All but 384 square feet of the proposed addition of the carwash building will be enclosed under the existing service station canopy. The vacuum canopy will be lined up with the carwash building, The landscape/scenic corridor will still be preserved since the building is placed beyond an area sloping down from East H Street. The ingress/egress to the site is designed so that no vehicle stacking problems will occur at the main entrance into the commercial center. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposed use is located in a PC (Planned Community)lC (Commercial) Zone, which allows the operation of a carwash facility and a convenience store to serve both a carwash and service station, subject to issuance of a Conditional Use Pennit. The facility will comply with required development and operating regulations, including height restrictions and parking requirements contained in the Chula Vista Municipal Code with an exception to the front setback requirement. The carwash building and the vacuum canopy will be encroaching into the front setback, therefore requiring an approval of a Variance application by the Planning Commission, Page 3 May 23,2007 That the granting of the Conditional Use Permit will not adversely affect the General Plan of the City, or the adopted plan of any government agency. The operation of a carwash at this location is not inconsistent with any stated policies of the General Plan and the Terra Nova Plaza Master Development Plan, Therefore the use, as proposed, has been found to be consistent with the General Plan and the Terra Nova Plaza Master Development Plan, BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION finds that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-05,OI5) has been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), State CEQA Guidelines and the Environmental Review procedures of the City of Chula Vista, and adopts the Mitigated Negative Declaration and Mitigated Monitoring and Reporting Program, IS-05-015, BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION, BASED ON THE FINDINGS ABOVE, approves the Conditional Use Pennit subject to the following conditions: L The following shall be accomplished to the satisfaction of the City, prior to issuance of building pennits, unless otherwise specified: Planning I. The applicant shall obtain approval of a Design Review pennit (DRC-05-41) for the new buildings. 2, The applicant shall obtain approval for ZA V -07 -06 to allow the proposed car wash building and vacuum canopy to encroach within the front yard setback, 3, Applicant shall implement, to the satisfaction of both the Planning and Building Department and the City Engineering Department, the mitigation measures identified in the Terra Nova Service Station and Car Wash Mitigated Negative Declaration (IS-05-015) and Mitigation Monitoring and Reporting Program. 4, If circulation or parking is compromised or negatively impacts other tenants of the shopping center, additional conditions and/or restrictions may be imposed on the project to remedy the problems. Planning and Building Department staff will review the project one year after operation begins to ensure that such problems do not exist. 5, Hours of operation for the car wash shall be limited to 7:00 a.m, - 8:00 p,m, on weekdays and 7:00 a,m, -9:00 p.m, on weekends. 6, The four parking spaces on the east side of the site shall be designated for the carwash customers only, Page 4 May 23,2007 7. The existing storage unit at the northeast corner of the site shall be removed from premises. 8. The Applicant shall provide an approval letter from the property management company for the shopping center approving the re-design of the plans, prior to Building Pennit approval. 9. The Applicant shall obtain approval of a sign pennit for each sign by the Planning and Building Department. Signs shall comply with all applicable requirements of the Terra Nova Center and the Chula Vista Municipal Code, Chapter 19.60. 10, Any deviation to the carwash equipment shall require the approval of a modified Conditional Use Pennit, and any other associated reports, by the Zoning Administrator. II. A Building Pennit is required, Plans shall comply with 2001 Handicapped Accessibility Requirements, 2005 Energy Requirements, 2001 CBC, CMC, CPC and 2004 CEC requirements, 12. The Applicant shall submit a soils report prior to Building Pennit approval. 13. The Applicant shall submit Health Department approved plans, prior to Building Pennit approval. Engineering Department 14, The following fees shall be paid based on the final building plans submitted: a, Sewer Connection and Capacities fees; and b. Traffic Signal Fees 15, All onsite drainage facilities shall be private. 16, Any private surface flows shall be treated prior to entering into a public right of way. If such treatment occurs in a street inlet then the Applicant shall provide a funding mechanism for perpetual maintenance prior to the building pennit approval. 17. The Applicant shall submit and obtain approval of a Water Quality Study and Technical Report and comply with all NPDES requirements, prior to approval of building pennit. The Water Quality Report shall include full implementation of NPDES best management practices to reduce the amount of pollutants entering the City's stonn water conveyance system, including but not limited to: a, The erection of signs near stonn drain inlets Page 5 May 23, 2007 b. Providing storm drain system stenciling and signage; more specifically: i. Provide and maintain stenciling or labeling near all storm drain inlets and catch basins, 11, Post and maintain City-approved signs with language and/or graphical icons that prohibit illegal dumping at public access points. 18. The Applicant shall apply for Sewer Connection and Capacities fees to include the car wash facility. 19. The Applicant shall apply for an Industrial Wastewater Discharge Permit, which is regulated by the City of San Diego, Metropolitan Industrial Wastewater Control Program. Fire Department 20, The Applicant shall provide separate submittal depicting Fire Sprinkler plans. 21. The Applicant shall provide plans showing the following: a. Location of emergency shutdown devices for all fuel dispensers; b. Location of signs prohibiting smoking, dispensing into unapproved containers and requiring vehicle engines to be stopped during fueling; c. Plans for illumination of exit paths and signs; and d. Provision for portable fire extinguishers throughout the convenience store, 22. The Applicant shall re-test shear valves on the pumps on the north side of the site to ensure that they are working properly and blocking off. 23. The Applicant shall take all steps necessary to ensure that only one vehicle per pump is allowed, 24. The Applicant shall comply with all other requirements of the Fire Department. II. The following on-going conditions shall apply to the property as long as it relies on this approval: 25. Construct the project as described in the application, except as modified herein, or to accommodate one or more similar uses, and/or as approved by the Municipal Code, to construction and operate a carwash facility and expansion/relocation of an existing convenience store, 26. The site shall be developed and maintained in accordance with the approved plans, which include site plans, floor plan, and elevation plan on file in the Planning Division, the conditions contained herein, and Title 19. Page 6 May 23, 2007 27, All landscaping and hardscape improvements shall be installed in accordance with the approved landscape plan. 28. The conditions of approval for this Conditional Use Pennit shall be applied to the subject property until such time approval is revoked, and the existence of this approval with conditions shall be recorded with the title of the property. 29, Approval of the Conditional Use Pennit shall not waive compliance with all sections of Title 19 of the Municipal Code, and all other applicable laws and regulations in effect at the time of building pennit issuance. 30. Any deviation from the above noted conditions of approval shall require the approval of a modified Conditional Use Pennit by the Zoning Administrator. 31, This Conditional Use Pennit shall be subject to any and all new, modified or deleted conditions imposed after approval of this Pennit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the 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, in the nonnal operation of the use pennitted, be expected to economically recover. 32. If any of the foregoing conditions fail to occur, or if they are, by their tenns, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their tenns, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building pennits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Failure to satisfy the conditions of this pennit may also result in the imposition of civil or criminal penalties, 33, It is the intention of the Planning Commission that its adoption of this Resolution is dependent upon the enforceability of each and every tenn, provision and condition herein stated; and that in the event that anyone or more tenns, provisions or conditions are detennined by a Court of competent jurisdiction to be invalid, i1legal or unenforceable, this Resolution and the Pennit shall be deemed to be automatically revoked and of no further force and effect. 34. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold hannless City, its City Council members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval and Page 7 May 23,2007 issuance of this Conditional Use Pennit and (b) City's approval or issuance of any other pennit or action, whether discretionary or non-discretionary, in connection with the use contemplated on the project site, The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Conditional Use Pennit where indicated below. The Property Owner's and Applicant's compliance with this provision shall be binding on any and all of the Property Owner's and Applicant's successors and assigns, 35, This Conditional Use Pennit shall become void and ineffective ifnot 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 pennit to be reviewed by the City for additional conditions or revocation, III. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document signing 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, this document shall be recorded with the County Recorder of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy returned to the City's Planning and Building Department. Failure to return the signed and stamped copy of this recorded document within 10 days of recordation shall indicate the property owner/applicant's desire that the project, and the corresponding application for building pennits and/or a business license, be held in abeyance without approvaL Signature of Property Owner 350 East H Street Date Signature of Applicant Date IV. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their tenns, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their tenns, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building pennits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Failure to satisfy the conditions of this pennit may also result in the imposition of civil or criminal penalties. Page 8 May 23, 2007 V. INVALIDITY; 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, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 23rd day of May, 2007, by the following vote, to-wit: AYES: NOES: ABSENT: Bryan Felber, Chair ATTEST: Diana Vargas, Secretary J:\Planning\Case Files\-05 (FY 04-0S)\PCC\Public Hearing\PCC05-044\Resolutions\PC Resolution for Terra Nova Carwash Revised.doc ATTACHMENT 5 Disclosure Statement 6. ~!/e-. -r- , - & Building Planning Division p I ann Department Development Procsssing n IT b CITY m CHULA VISTA APPLICATION APPENDIX B Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed, The following information must be disclosed: 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, material supplier. dr~A' (?). f(()-~ 2. If any'person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $ 000 investment in the business (corporation/partnership) entity, 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 Of as trustee or beneficiary or trustor of the trust. 4. Pease identify every person, induding any agents, emp1oyees, consultants, or independent cor.tractors 'lcu have . assigned to represent you before the City in this matter, !if p f, 1:2J ~il'1r' ) 5, Has any person'" associated with this contract had any finanda! deaiings witIJ..-Bn officia1** of the City of Chuia Vista as it reiates to this contract within the past 12 months. Yes_ No~ if Yes, briefly describe the nature of the financial interest the officiai- may have in this contract. Have y~u made a c8ntr.ibutio~more than $250 within the, past twe've (12) months to a current member of the Chwa Vista City Counc,,? No _ Yes _ J yes, which Councr: member? "::-..) r:.;i..j,:.l ~.\::::~:.J::: (~;1 ill J vi j i-i C.llii',HlliJ '~ I'? : ,) i) I ,".) I)') i -"); d 1 ~\rc- -,- . - p I ann n a b & Building Planning Division Department Development Proc-2ssing CITY OF CHUlA. 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 Vis;a in the past twelve (12) ;nonths? (This includes being a source of income, money to retire a legal debt, gift, loan, etc,) Yes_ No~ If Yes, which official" and what was the nature of item provided? Date: d-Iz}- 05 ~dC~) Signature 0 CO~Or!APPIiB. /.-- 0 R.. ^-1 t) ~. . 70 N bL-?rint or type nam e of Contractor! Applicant . Person is defined as: any individual, firm, co-partnership, joint venture, association, socia! club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. .. Official includes, but is not limited to: Mayor, Council member, Pianning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. .:: - ') ;::')U~+:l ..!.,'. ~~lll::: '=:1.,1..1 \;:1<.1 (,]1 i [.;rn:,l c:J ; ~) : ,; G i_~ ') ,) -J.\