HomeMy WebLinkAboutPlanning Comm Reports /2007/03/21
AGENDA
MEETING OF THE
PLANNING COMMISSION
OF THE CITY OF CHULA VISTA
6:00 p.m.
Wednesday, March 21, 2007
Council Chambers
276 Fourth Avenue
Chula Vista, CA
CALL TO ORDER:
ROLL CALL I MOTIONS TO EXCUSE:
Planning Commission:
Felber
Tripp_
Vinson_ Moctezuma_Bensoussan_
Clayton_Spethman_
PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE:
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 06-25; Consideration of a Conditional Use
Permit to establish and operate a permanent outside
sales and display of merchandise for a proposed
Home Depot Store at 1030 Third Avenue. Home
Depot USA Inc. (Quasi-judicial)
Project Manager: Richard Zumwalt, Associate Planner
Planning Commission Agenda
-2-
March 21, 2007
2 PUBLIC HEARING:
Consideration of the following application filed by
Alejandro Sanchez for 1.92 acres known as Marsella
Villas on the north side of Ada Street between
Frontage Road and Industrial Blvd.
PCZ 06-05; Rezone from R-2-P, One and Two Family
Residence, Precise Plan to R-3-P, Apartment
Residential, Precise Plan zone, and amending the
adopted Precise Plan Modifying District to include
Precise Plan Development Standards.
PCM 07-15; Establishment of Precise Plan for 1.92
acres known as Marsella Villas. (Quasi-Judicial)
Project Manager: Richard Zumwalt, Associate Planner
3. 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 the Rolling Hills
Ranch planned Community. Seeker Development
LLC. (Quasi-Judicial)
Staff recommends that public hearing be opened and continued to March 28, 2007.
DIRECTOR'S REPORT:
COMMISSION COMMENTS:
ADJOURNMENT: To a Regular Planning Commission meeting on March 28, 2007.
CHULA VISTA
PLANNING
COMMISSION
AGENDA STATEMENT
Item: J
Meeting Date: 03/21/07
ITEM TITLE: PUBLIC HEARING: PCC 06-025; Consideration of a Conditional Use
Permit to establish and operate a permanent outside sales and
display of merchandise for a proposed Home Depot store at 1030
Third Ave. - Home Depot USA Incorporated.
SUBMITTED BY: Director of Planning and Building
INTRODUCTION
This is a request by the applicant, the Home Depot, for approval of outside sales and
display of merchandise at a proposed Home Depot store 1030 Third Ave. in Chula Vista.
A Conditional Use Permit is required to identify and authorize the type of items that can
be sold and displayed outdoors, and to ensure that certain items specifically prohibited
by the CVMC code are not sold or displayed outside.
BACKGROUND
The project requires approval of a Conditional Use Permit by the Planning Commission
per CVMC Section 19.36.070. This application was filed on November 7,2005. In May
of 2004, the Merged Chula Vista Redevelopment Area was created, which included the
project site in the expanded the City Redevelopment Area (Added Area). Because the
project site is in a Redevelopment area, approval of a Conditional Use Permit by the
Redevelopment Agency is required, after review and recommendation by the Planning
Commission. The project application was filed before adoption of the General Plan
Update, in December 2005, and had its first preliminary review by the Design Review
Committee on January 23, 2006. These actions occurred prior to the commencement
of the operation of the Chula Vista Redevelopment Corporation (CVRC), therefore the
project will be processed under the jurisdiction of the Redevelopment Agency, instead
of the Chula Vista Redevelopment Commission.
The project also requires approval of Design Review Permit DRC-06-033, which is to be
considered by the Design Review Committee on March 19, 2007. The Design Review
Committee is scheduled to make a recommendation to the Redevelopment Agency.
The overall Home Depot Project consists of the demolition of the existing K-mart store
and restaurant buildings on the site and construction of a 97,396 sq. ft. retail building
and associated garden center, 649 space parking lot, and project signage including wall
and free-standing signage (see Attachment 2, Site plan).
PCC-06-025
Page NO.2
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed Home Depot project
for compliance with the California Environmental Quality Act and has conducted an
Initial Study, IS-06-007 in accordance with the California Environmental Quality Act.
Based upon the results of the Initial Study, the Environmental Review Coordinator has
determined that the overall Home Depot project, to which this Conditional Use Permit is
related, 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 and
Mitigation Monitoring and Reporting Program, IS-06-007. The Design Review
Committee will consider the Mitigated Negative Declaration and Mitigation Monitoring
and Reporting Program, IS-06-007, on March 19,2007, and make a recommendation to
the Chula Vista Redevelopment Agency (see Attachment 8, Final Mitigated Negative
Declaration ).
During the public review period, public comments were received regarding the overall
project. However, these comments did not specifically address the Conditional Use
Permit portion of the project. For more information, please refer to the attached Final
Mitigated Negative Declaration for public comments and Attachment 11 for additional
comments received after the close of the public review period, and staffs responses.
RECOMMENDATION
Adopt the attached Planning Commission Resolution PCC-06-025, recommending that
the Redevelopment Agency adopt the attached Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program, IS-06-007, and recommending that the
Redevelopment Agency approve Conditional Use Permit PCC-06-025, based on the
findings and subject to the conditions contained in the attached Draft Redevelopment
Agency Resolution.
BOARDS/COMMISSION RECOMMENDATION
On December 4, 2006, the Resource Conservation Commission determined that Initial
Study IS-06-007 for the Project was adequate, and recommended adoption of the
Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, IS-
06-007 (See Attachment 12, Resource Conservation Commission Minutes).
DISCUSSION
Project Site Characteristics:
The project site is an 11.10-acre lot located at the southwest corner of Third Ave. and
Moss Street (see attached locator map). The parcel is rectangular-shaped, approx. 820
feet wide by 620 feet deep. The site is adjacent to the existing Rally's Burgers directly
on the street corner, which is not a part of the project. The site is currently occupied by
a vacant K-Mart and restaurant buildings (see Attachment 3, Demolition plan). The
proposed outside sales and display areas are located at the front of the store in open
PCC-06-025
Page NO.3
areas between the garden center, main entry and lumber vestibule customer entry (see
Attachment 2, Site plan).
To the south of the site is a vacant Ralph's grocery store. To the east across Third Ave.
are smaller retail commercial businesses. To the north across Moss Street are medical,
commercial and multi-family residential uses. To the west are multi -family residential
uses, including 2 apartment complexes and a townhome project (see attached locator
map).
Project Description:
The Home Depot requests a Conditional Use Permit for permanent outside sales and
display per CVMC Section 19.58.370. Permanent outside sales and display areas are
delineated on the plans as "Sidewalk Display", and will be partially enclosed by trellises,
landscaping, and single-story roof elements, and identified by stamped concrete.
The applicant is proposing to permanently display four different categories of
merchandise, including building materials; outdoor equipment; outdoor furniture and
storage units; and live goods and landscape supplies outdoors. These categories of
merchandise are specified on the approved plans as follows:
Building Material display:
. Plywood, fence panels, landscape timbers, sheetrock, masonry projects, roofing,
and bulk lumber.
Outdoor equipment display:
. A grill display, lawn tractor display, power mower display, and wheelbarrow
display.
Outdoor furniture display and storage unit display:
. A picnic table display, outdoor table and bench display, hammocks, glider and
parch swing display
Live goods and landscape supplies:
. Seasonal flowers, Seasonal vegetables, and small trees.
Displays may sit on the ground, on racks, or on shelves, depending on the item. The
types of displays include freestanding displays of outdoor equipment, such as grills, low
rolling carts for items such as gazebos, stepped platforms for items such as fencing,
displays of flowers and plants on racks, shelves or CMU planter blocks, and special
display racks provided by the manufacturer for items such as stone tile, solar panels
and roof tiles. Flexibility is important since the same rack may not work for different
types of materials.
The five proposed areas for outdoor display are located along the front (east side) of the
building, adjacent to the customer entries, and labeled on the plans as follows (see
Attachment 2, Site Plan):
1. First area is south of the outdoor garden area entry, is approximately 7.5 ft by 50
ft.=375 sq. ft. in size.
PCC-06-025 Page NO.4
2. The second area is located north of the outdoor garden area on the south side of
the building, and is 7.5 ft. X 82 ft = 615 sq. ft in size;
3. The third area is located between the first area and the main entry, and is 7.5 ft.
X 35 ft = 263 sq. ft in size;
4. The fourth area is located north of the main customer entry, which is 5 ft. X 90 ft
= 450 sq. ft in size;
5. The fifth area, located next to the lumber vestibule, is 7.5 ft x 10 ft.=75 sq. ft. in
size.
Compliance with Development Regulations:
General Plan
Site
Commercial Retail
(CR)
North
Residential -High
Density (RH)
South
Commercial Retail
(CR)
East
Commercial Retail
(CR)
West
Residential -High
Density (RH)
ANALYSIS:
CV Municipal Code
Zoning
Existing Land Use
Central Vacant K-Mart and Restaurant
Commerciai (CCP)
Apartment Residential (R- Existing Multi-Family Residential.
3) Restaurant, and Medical Office
Central
Commercial (CCP)
Central Vacant Grocery Store
Commercial (CCP)
Central Existing Shops and Restaurants
Commercial (CCP)
Apartment Residential (R- Existing Muiti-Family Residential
3)
In recommending approval of the requested CUP to the Redevelopment Agency, staff
relies on the following points:
Chula Vista Municipal Code Section 19.58.370:
An important part of the Home Depot business is outside sales adjacent to the store
entries. Municipal Code Section 19.58.370.A.1 describes certain items that are
permitted subject to approval of a site plan, including (but not limited to) flowers, plants,
model storage buildings, patios, and additions (see Attachment 8, CVMC 19.58.370).
Also included is subsection i. which states "Any other item which is determined by the
Planning Commission to be of the same general character"; and subsection j., which
states "Any other item specifically approved by the Planning Commission to be
displayed in an area specifically designed for said merchandise".
The items that are proposed for outside sales and display that are permitted by the code
include flowers, plants, and model storage buildings. All the remaining items specified
on the plans and referenced in the Project Description on page 3 above, including the
Building Materials, Outdoor equipment, Outdoor furniture categories, must be allowed
PCC-06-025
Page NO.5
by the Planning Commission.
Model Storage buildings by code are not supposed to be located in areas facing the
street or at the main entrance to the building. Staff has recommended a condition of
approval requiring that model storage buildings and displays related to patios or room
additions shall not be located immediately adjacent to the main entrance of the building.
If these types of displays are visible from Third Ave. or Moss Street, they shall be
partially screened or softened by additional architectural features or landscaping. This is
the only proposed merchandise item for which the code regulates the location of the
outside display.
The applicant has proposed outside sales and display of bulk lumber. Although not
expressly prohibited by the code, staff is concerned that there is potential that outside
sales and display of bulk lumber could be so large as to be difficult to operate, requiring
use of forklifts, and out of scale with the setting, so as to be visually unattractive. Staff
recommends a condition of approval that these be limited to displays of typical samples
of lumber.
The types of merchandise prohibited from outside sales and display are specified in
CVMC Section 19.58.370.A.3. (see Attachment 8). Prohibited items includes household
furniture, clothing, appliances, play equipment, dry goods, soil additives, tires and used
goods. None of these have been proposed for outside sales and display by the
applicant.
Because any merchandise to be sold and displayed outdoors that is not listed in CVMC
19.58.370 must be expressly permitted by the Planning Commission, these items are
listed on the site plan. Any change in the type of merchandise to be displayed will
require approval of a modification to the Conditional Use Permit by either the
Redevelopment Agency, if it is a significant change, or where appropriate, the Zoning
Administrator. The intent behind Zoning Administrator action is to enable minor changes
to the products or display areas to be made administratively, without necessity for a
public hearing.
Aesthetics:
One of the major issues regarding outside sales and display is aesthetics. In staffs
opinion, views of large quantities of products, or product displays that are out of scale
with their setting, are not attractive. In response, the Home Depot has proposed
architectural elements to break up views of the outdoor sales and display areas, such
as trellises, single-story roof elements with columns, and landscaping along the street
frontage and at the far ends (north and south) of the building, to help break up the side
view of these storage areas (see Attachment 4, Outside Sales and Display Detail).
Safetv:
Another potential issue is safety of pedestrians and vehicles. Outdoor displays should
be kept out of driveways and pedestrian paths, and should not obstruct sight visibility for
driveways. In response, the pedestrian paths have been noted on the plans, and the
outdoor display areas have been sited so that they do not obstruct pedestrian access or
visibility. A condition of approval is included that will ensure that outside storage and
PCC-06-025
Page NO.6
display will not exceed areas delineated by enhanced paving or obstruct sidewalks and
entries.
The purpose of the Central Commercial (CC) zone is to stabilize and improve the
commercial characteristics of major community business centers. Staff recommends
approval of the project because the proposed use is consistent with and implements the
intent of the CC zone. The project will allow the Home Depot to provide more diversified
levels of commercial services to serve the community, such as outside sales and
display of merchandise, that is typical of home improvement retail stores. The project
will include attractive architectural features, landscaping and fencing that will improve
and enhance the appearance of the store and image of the neighborhood.
CONCLUSION:
For the reasons mentioned above, staff recommends that the Planning Commission
adopt the attached Planning Commission resolution recommending that the
Redevelopment Agency adopt the attached Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program, IS-06-007, and recommending that the
Redevelopment Agency approve Conditional Use Permit PCC-06-025, based on the
findings and subject to the conditions contained in the attached Draft Redevelopment
Agency Resolution.
DECISION-MAKER CONFLICTS:
Staff has reviewed the property holdings of the Planning Commissioners and has found
no property holdings within 500 feet of the boundaries of the property, which is subject
to this action.
FISCAL IMPACT
There are no fiscal impacts from the preparation of this report and the processing of the
CUP. All costs are covered by the deposit accounts.
ATTACHMENTS
1 Locator Map
2 Site Plan
3 Demolition Plan
4 Outside Sales and Display Detail
5 CVMC Section 19.58.370
6 Draft Planning Commission Resolution
7 Draft Redevelopment Agency Resolution
8 Final Mitigated Negative Declaration
9 Ownership Disclosure Form
10 Public Correspondence
11 Additional Public Comments and Staff Responses on Environmental Document
12 Resource Conservation Commission Minutes
PCC-06-025
Prepared by: Richard Zumwalt, Associate Planner, Planning and Building Department
J: planning\casefiles\07IPCC\publichearingIPCC 06-025-PC-AS-3-21-07
Page NO.7
Rice
Eiementarv
School
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT Home Depot PROJECT DESCRIPTION:
(!) APPLICANT: Miscellaneous
PROJECT 1030 Third Av Proposai replacement of currently existing 118,660 sq.ft, K Mart
ADDRESS: and 10,606 sq.ft, Restaurant with 97,396 sq,ft. Home Dep!Jt
SCALE: FILE NUMBER: retail building and 31,647 sq,ft, Garden center,
NORTH No Scale PCC-06-025 Related cases: DRC-06-033, IS-06-007
J:\planning\carlos\locators\pcc06025.cdr 01.17.06
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19,58.360
commercia] purposes (this situation doe:s not
negate the other provisions of this section).
F, If new or enlarged commercial development
occurs adjacent to the existing dwelling units
which face a ]ocal street, a fence separating the
property shaJl also be constructed on the side lot
line, the length of such fence to be detennin,,-.d by
the director of planning. Such a fence may be of
wood construction. (Ord, 1356 9 1, 1971; Ord.
1212!i 1, 1969: prior code!i 33,90l(B)(35)),
1958.360 Zoning waD or fence.
A six-foot-high minimum solid masoruy wall
subject to the provisions ofCVMC 19.58,150 ';hall
be erected along Ule property line or zoning bound-
ary to separate any C or r zones and/or uses from
adjacent residentiaJ zones, A six-foot-high L'axi-
mum solid fence shall be erected along the "rap-
erty line or zoning boundary to separate multiple-
family zones and/or uses from abutting single-ram-
ily residential zones or areas. Said wall or fence
may be waived by the planning commission if it is
found that the adjacent areas would be sufficiently
screened and protected without said wall or fence.
(Ord, 1356 !i 1.1971; Ord, 1212 ~ 1,1969; ;rior
code!i 33,90I(B)(36)),
1958.370 Outside sales and display-
Permanent and temporary.
A, Pem1anenL The permanent outside saJes and
display of merchandise, including vending
machines of aj] types and coin-operated amuse..
""ems, shall be per.nitted only when induded as
parr of an approved site plan subject to the condi-
tions berein. Service stations are subject to the pro-
visions of CVMC 19,58.280,
I, The following items shall be considered
for outside display:
a, Vending machines of an types:
b. Coin-operated amusements, excluding
games such as pinball machines;
c, Vehicles of all types, including boa;$;
d. Magazines, newspapers and books;
e. flowers, including artificial;
f. Art displays;
g. Plants;
h, Model storage buildings, patios md
additions;
i. Any other item which is detennined by
the planning commission to be of the same gen<oraJ
character;
j, Any other item specifically approved by
the planning commission to be displayed in an axea
specificaJly designed for said merchandise,
.
2. Conditions.
a. Vending machines and coin-operated
amusements shall whenever possible be within an
enclosed area or structure specifically designed to
accommodate said items;
b, The outside display shall not interfere
with pedestrian or vehicular circulation;
c, Model storage buildings, patios and
additions shall not be located in any area facing a
major or col]ector street, or at the main entrance to
the building;
d. Plants shall be the only items in a plant
nursery visible from the street;
e, No outside display shall be of such size
or quantity as to alter the architectural appearance
of the building;
f. A lO-foot landscaped area shall be pro-
vided between vehicle dispJay areas and the street.
Any item not located within a building or solid
enclosure shaj] be deemed to be outside display
and subject. to the conditions herein.
3. The following merchandise shall be
expressly prohibited from outside display;
a. Furniture;
b, Clothing;
c, Appliances;
d, Play equipment;
e. Dry goods;
f. Soil additives;
g. Tires. excluding service station as pro-
vided herein:
h, Used goods, except as provided herein,
B. T tillporary. T ~mporary outsidto ,ales and
display of merchandise for a period of 24 days in
any calendar year, but not exceeding seven consec-
utive days, shall be pennitted upon approval of a
temporary outside sales permit by the zoning
administrator. Not more than six pennits a year
shall be issued to anyone business or shopping
complex, Each such pennit shall be accompanied
by the required filing fee(s).
Upon applleauon for a permi~ the applicant
shall submit two site plans showing the location of
the proposed outside sales area. The plan shall
include sufficient information to insure that the dis-
play and sales wiJJ be conducted in a safe and
proper manner and wiJJ not obstruct traffic or cause
a hazardous condition based on the standards
adopted by the city. The permit shaJJ designate the
commencement and tennination dates.
1. Other Required Conditions.
a. The application shall be submitted for
approval a minimum of two days prior to the
requested date of commencement.
.
.
.
.
.
.
.
.
.
.
.
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.
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J9-158
N717-\CA-1 rvvWT S
Chula VIsta Munictpal Code
] 9,jgAOO
b. There shall be a minimum of 30 days
between the commencement dates of tbe pennit.
c Temporary outside sales are prohjbited
in the CoO, C-N and C- V zones.
d, The sales area sha]] maintai;; a 25-foot
setback from the street when within an area desig-
nated for parking.
e. The saJes area may utilize a portion of
required parking 10 a maximum of 20 percent.
1'. The sales area shall not inte'fere wi th
the internal circulation of the site.
g, Pennants may be used only for safety
and precauLionary purposes,
h, 111e sales area shall be kept in a neat
and well-kept manner at all times_
i, Price signs may be used but shall nOl
exceed] 2 by J 6 inches,
J. Other signs may be allowed subject to
lUning administrator approval. Said signs shall not
exceed two square feet of JmeaJ street frontage of
the sales area,
k. Promotional items alJowed in ':onjunc.
tion with a special evem, such as anruven;,'.ries and
grand openings, are not subject to the provisions
herein excepr when an outside sales pennit is
requested.
I. Only merchandise cuslomarily sold on
the premises shaJl be considered for temporary out-
side sales and display, (Ord, 2506 9 l, ]992: Ord,
201] g2,1982;Ord, 14369 3, ]973:0rd, 13569 J,
]971; Ord. 1212 Ii J. 1969: prior code Ii 33.901
(B)(37))
19.58.380 Special events.
A, Any business may request a permit lor the
use of temporary promotionaJ signs and Dromo-
tiana/Hems in conjunctIOn with the followi.g spe-
cial events: grand openings, change of business
address, change of ownership or lessee, and bus;.
ness anniversaries. If a business is part of aparem
organization, the anniversary of the paren~ com-
pany may be used in lieu of the business atlOiver-
sary during the calendar year,
B, The maximum Ume limit for a specia' event
shall not exceed ]4 consecutive days,
C. The applicant sha]] submit a Statemen S<at-
jog the reason for the speciaJ event and indicating
the commencement and ending date, The applkant
shall also submit a sitt: plan indicating the location
and aTe2 of signs and Jocation of promor.ionaJ
items. Each permit shalJ also be accompanied by
the reguired filing fee(s).
D. Promotional items are subject to the f(/low-
ing approval:
1. They may not be locared in the front se[-
back:
2. They shalJ nor interfere with inteI11al cir-
cu]ation or elimmate required parking:
3. They shall not be indiscriminately placed
or be of such quamity as to presenl a cluttered and
unsightly appearance,
E. Pennants may only be used in conjunction
with grand openings and change of ownership or
lessee.
F. The planning department shaJj issue to the
applicant a special event permit, upon approval of
the applicant's request. The reason for the special
event shaH be conspicuously displaYed On a sign
for the duration of the eVent, (Ord, 2506 * 1, ]992;
Ord, 20] I * I, 1982: Ord. 1436 ~ 3, 1973: Ord,
1356 9 ]. 1971: Ord, 1212 ~ I, t969: prior code
* 33,90l(B)(38))
19.58390 Senior housing development
Pursuant to CYMC 19,54,020, housing develop-
ments for seniors, as detlned in CVMC 19.04,201,
may be allowed in any zone except the R-l, R-2,
C- Y, C- T and industrial zones, Because the resi-
dents of such development have dwelling charac.
teristics which differ from those of families and
younger persons, it is not appropriate to apply all of
the normal zoning standards thereto. Accordingly.
pursuant to the processing of a conditional use per-
Init for such developments, as required by CYMC
] 9.54,020(P), the planning commission and city
council may make exceptions to the density, off-
street parking, miniiJ)UnJ un]! she, open space, and
such other requirements as may be appropriate, The
planrung commission and city council may also
adjust required setbacks. building height, and yard
areas as appropriatt: to provide an adequate living
environment both within the development and on
nearby properties. Any exceptions and adjustments
shall be subject to the condition that me deveJop.
menr will be available for occupancy by seruors
only. (Or[U878 ~ 3, 1979),
19.58.400 Recreational vehicle storage yards.
An application to establish a recreational vehi-
cle (RV) storage yard (storage area for motor-
homes, camping trailers, boats and other recreation
equipmem) shaJI address the following ;ssues: (I)
height limit for stored Items, (2) screening (land-
scaping and fencing), (3) surfacing, (4) access to
the site, (5) oftlce facilities, (6) customer parking,
(7) lighting, (8) houn; of operation, (9) security,
(10) signing, (II) surrounding land uses and struc-
tures, The application shall also be accompanied
19-159
(Revisod 1/04)
RESOLUTION NO. PCC-06-025
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE
REDEVELOPEMENT AGENCY APPROVE A CONDITIONAL
USE PERMIT TO ESTABLISH AND OPERATE PERMANENT
OUTSIDE SALES AND DISPLAY OF MERCHANDISE AT 1030
THIRD AVENUE - THE HOME DEPOT USA INCORPORATED.
WHEREAS, a duly verified application for a Conditional Use Pennit ("CUP") was filed with
the City ofChula Vista Planning Department on November 7, 2005, by The Home Depot USA Inc.
("Applicant"); and
WHEREAS, the applicant requests approval of a Conditional Use Pennit, PCC-06-025,
to establish and operate a pennanent outside sales and display of merchandise ("Project") at the
store at 1030 Third A venue ("Project Site"); and
WHEREAS, the area of land which is the subject matter of this Resolution, is
diagrammatically represented in Exhibit "A", attached hereto and incorporated herein by this
reference, and for the purpose of general description herein consists of an 11.1 O-acre site located at
1030 Third Avenue, at the southwest comer of Third Ave. and Moss Street, ("Projec1 Site"); and
WHEREAS, pursuant to Chula Vista Municipal Code section 19.58.370.A, the
pennanent outside sales and display of merchandise is pennitted only when included as part of an
approved site plan subject to the conditions set forth in this Section. Section 19,58.370.A.llists
the items to be considered for outside display and says that other items can be included if the
Planning Commission detennines that the items are of the same general character as the listed
items (subsection i) or if the Planning Commission approves specific items to be displayed in an
area specifically designed for that merchandise (subsectionj); and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project
for compliance with the California Environmental Quality Act ("CEQA") and has conducted an
Initial Study, IS-06-007 in accordance with the California Environmental Quality Act. Based
upon the results of the Initial Study, the Environmental Review Coordinator has detennined that
the Project could result in significant effects on the environment. However, revisions to the
Project made by or agreed to by the Applicant would avoid the effects or mitigate the effects to a
point where clearly no significant effects would occur; therefore, the Environmental Review
Coordinator has prepared a Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program, IS-06-007. The Mitigated Negative Declaration and Mitigation Monitoring
and Reporting Program, IS-06-007, was considered by the Design Review Committee on March
19,2007, who made a recommendation to the Chula Vista Redevelopment Agency; and
WHEREAS, the Planning Commission finds that the Mitigated Negative Declaration and
Mitigation Monitoring Program (IS-06-007), has been prepared in accordance with requirements
of CEQA, the State CEQA Guidelines and the Environmental Review Procedures of the City of
Chula Vista; and
WHEREAS, the Planning and Building Director set the time and place for a hearing on the
A: 1iA-cvr MtvAl T 6
Project, and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the city and its mailing to property owners within 500 feet of the
exterior boundaries of the property, at least 10 days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p,m.,
March 2 1,2007, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and
said hearing was thereafter closed,
WHEREAS, the Planning Commission having received certain evidence on March 2 1,2007,
as set forth in the record of its proceedings, made certain findings, as set forth in theirrecommending
Resolution PCC-06-025, and recommended that the Redevelopment Agency approve the Project,
based on certain tenns and conditions; and,
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
recommends that the Redevelopment Agency adopt the attached Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program, IS-06-007, and approve Conditional Use Pennit
PCC-06-025, based on the findings and subject to the conditions contained in the attached Draft
Redevelopment Agency Resolution.
BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the
Redevelopment Agency,
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA
VISTA, CALIFORNIA, this 21st day of March, 2007, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
Brian Felber, Chairperson
ATTEST:
Diana Vargas, Secretary
J:\Planning\Case Fi1cs\-06 (FY 05-06)\PCC\ PCC-06-025\PCC-06-025PCRes
Rice
Elementarv
School
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT Home Depot PROJECT DESCRIPTION:
(!) APPLICANT: Miscellaneous
PROJECT 1030 Third Av Proposal replacement of currently existing 118,660 sq.ft, K Mart
ADDRESS: and 10,606 sq.ft, Restaurant with 97,396 sq,ft. Home Depot
SCALE: FILE NUMBER: retail building and 31,647 sq.ft. Garden center,
NORTH No Scale PCC-06-025 Related cases: DRC-06-033, IS-06-Q07
J:\planning\carlosllocalors\pcc06025.cdr 01.17.06
f ),yIIlZi'T 1\
RESOLUTION NO. 2007-
DRAFT RESOLUTION OF THE REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA APPROVING
CONDITIONAL USE PERMIT PCC-06-025 TO ESTABLISH
AND OPERATE PERMANENT OUTSIDE SALES AND
DISPLAY MERCHANDISE AT 1030 THIRD AVENUE
WITHIN THE MERGED CHULA VISTA REDEVELOPMENT
PROJECTAREA (ADDED AREA) - THE HOME DEPOT USA
INCORPORATED.
L RECITALS
A, Project Site
WHEREAS, the area of land, which is the subject of this resolution is diagranllllaticdly
represented in Exhibit "/\." ~lI1d incorporated hcrL'iil by t11is n.:'C,-':-'::1CC, ~11ld fur Ilk' pll1"j)(),~i..' of
geller,d lkscription herein eOIl.;,,;I, of 11,10 acres 10e:liL'd "t I (L~Oi:lird ;\ \ ellUL' ("l'nlje'd Site");
ami
B. Project; Applications for Discretiollary j\I'i'runl
WHEREAS, a duly verified application for a Conditional Use Permit ("CUP") was filed
with the City of Chula Vista Planning Department on November 7, 2005, by The Home Depot
USA Inc. CApplieant"); and
WHEREAS, the Applicant requests approval of a Conditional Use Pennit, PCC-OG-025,
to establish and operate a pennanent merchandise outside sales and display of merchandise
Cproject") at the store at the Project site; and
WHEREAS, pursuant to Chula Vista Municipal Code section 19,58.370,A, the
pennanent outside sales and display of merchandise is pennitted only when included as part of
an approved site plan subject to the conditions set forth in this Section, Section 19,58.370,A.l
lists the items 10 be considered for outside display and says that other items can be included if the
Planning Commission detennines that the items are of the same general character as the listed
items (subsection i) or if lhe Planning Commission approves specific items to be displayed in an
area specifically designed for that merchandise (subsection j); 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-06-007 in accordance with the California Environmental Quality Act (CEQA), Based
upon the results of the Initial Study, the Environmental Review Coordinator has detennined that
the Project could result in significant effects on the environment. However, revisions to the
Project made by or agreed to by the Applicant would avoid the effects or mitigate the effects to a
point where clearly no significant effects would occur; therefore, the Environmental Review
Coordinator has prepared a Mitigated Negative Declaration, IS-06-007.
^,,1rA-W M fAJ I 7
RDA Resolution No, 2007-
Page 2
C, Prior Discretionary Approvals
WHEREAS, on May 4, 2004, the Project Site received discretionary approval from the
Chula Vista City Council of Ordinance 2962 to add the Project site to the Merged Chula Vista
Redevelopment Project (Added Area), and therefore the Project requires approval by the
Redevelopment Agency; and
WHEREAS, on Decembcr 4, 2006, the Resource Conservation Commission determined
that Initial Study IS-06-007 for the Project was adequate, and recommended adoption of the
Mitigated Negative Declaration and Miligation Monitoring and Reporting Program, IS-06-007;
and
WHEREAS, on March 19,2007, the Dcsign Rcvicw Committcc rccommcndcd cpproval
of Dc sign Rcvicw Pcmli! DRC-O('-O]] by a vote of _-_-_ alLl adoption of "litigated :'-.:cg:lli\'c
DccLiratioll and Mitigati{1Il j\.1l)Jlitnring ~lI1d Rcporli]1~ rrO~r~11l1, IS-(}()-()()7.
D, Planning Commission Record on Applications
WHEREAS, the Director of Planning and Building sct the time and placc for a hcaring on
the Conditional Use Pcmlit and notice of tile hearing, together \\'ith its purposc, \\'~IS gi\'cll 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
lhe hearing; and
WHEREAS, the noticed public hearing was held at the time and place as advertised,
namely March 21, 2007, at 6:00 p,m, in the City Council Chambcrs, 276 Fourth A vcnuc, beforc
the Planning Commission, The Planning Commission considered all reports, evidence, and
testimony presented at the public hearing with respect to the subject application; lhe hearing was
thereafter closed; and the Planning Commission voled _-_-_ to recommend that the
Redevelopment Agency approve the Project, in accordance with the findings and subject to the
conditions listed below; and
WHEREAS, the proceedings and all evidence introduced before the Planning
Commission at the public hearing on this Projecl held on March 21, 2007, including the minutes
and Resolution are incorporated into the record ofthis proceeding; and
E, Redevelopment Agency Record on Applications
WHEREAS, the City Clerk set the time and place for the hearing on the Project and
notices of said hearings, together with its purposes given by its publication in a newspaper of
general circulation in the City, and its mailing to property owners within 1,000 feet of the
exterior boundaries of the Project Site at least ten (10) days prior to the hearing; and
WHEREAS, the Redevelopment Agency held an advertised public hearing on the Project
on _/ --.! _' at 6:00 p.m, in the Council Chambers at 276 Fourth Avenue and, after hearing
staff presentation and public testimony, the Agency voted _/ --.! _ to _ the Project.
RDA Resolution No. 2007-
Page 3
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA DOES FIND, DETERMINE and RESOLVE AS FOLLOWS:
II, Certification of Compliance with CEQA
The Redevelopment Agency finds that the Mitigated Negalive Declaration and Mitigation
Monitoring and Reporting Program (IS-06-007) has been prepared in accordance with the
requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines
and the Environmental Review Procedures of the City of Chula Vista, and hereby adopts the
Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-06-007),
The Mitigated Negative Declaration is approved based upon findings of fact pursuant to the
CEQA Section 15074(b):
I. The environmental determination is based on the attaeh,_'d Initial Study,
2, There is no substantial evidencc on the basis of the whole record that thc Project will
have a significant effect on the environment.
3, The Mitigated Negative Declaration reneels the lc"d 'lgeney's i",kjk'ndc'llljudgl11cllt
and analysis,
A copy of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
(IS-06-007) is on filc in the Chula Vista P1anning and Building Department, 276 Fourth A venue,
Chula Vista, CA, 91910, The document and materials which constituted the record of
proceedings upon which the decision is based are under the custodial care of the Planning and
Building Director/Environmental Review Coordinator.
The Redevelopment Agency finds that in the exercise of their independent review and judgment,
the Mitigaled Negative Declaration and Mitigation Monitoring and Reporting Program (IS-06-
007) in the fonn presented has been prepared in accordance with requirements of the CEQA and
the Environmental Review Procedures of the City ofChula Vista and adopts the same,
III. Findings Necessary for the Conditional Use Pennit
A, That the proposed use at this location is necessary or desirable to provide a service or
facility which will contribute to the genera1 wen being of the neighborhood or the
community.
Approval of the Projecl will allow the Home Depot to provide more diverse commercial
services, including outside sales and display of merchandise that will help the business to
succeed, Outdoor sales and display is essential for some larger products, which are not
practical to display indoors, It is also helpful for the sales and display of certain products
that enables more efficient use of interior floor space. Display of some products, such as
RDA Resolution No. 2007-
Page 4
plants and shrubs, benefit from being outdoors, while at the same time enhancing the
appearance of the site, The Project will include attractive architectural features,
landscaping and fencing that will improve and enhance the appearance of the store and
image of the neighborhood, The location of the outside sales and display areas at the store
entries are convenient and desirable for both the Applicant and their customers,
B. That such use will not under the circumstances of the particular case be detrimental to the
health, safety or general welfare of persons residing or working in the vicinity or
injurious to property or improvcmcnts in the vicinity,
The building has been designed to accommodatc outside sales and display areas in a
cohesive manner, so as not to interfere wilh vehicle or pedcstrian traffic to and from Ihc
store, The outside sales and display areas wi]] be visually enhanced by architectural
features and landscaping so that they wi]] be acsthetically attractive. The types of
materials displayed do not constitute a health or safety hazarclto the public,
C, That the proposed use wi]] comply wilh the regulations and conditions specified in the
code for such use,
The proposed Outside Sales and Display of 1'.krchandisc is consistent with the
requirements of the Cenucd Commcrcial Zone, cUld tlte Outside Sclies alid Display
regulations (CYMC Section 19,58,370), which specifics the types of merchandise
pennitted and prohibited from outside sales and display, and penn its the display and sales
of items that are detennined by the Planning Commission to be of the same general
character as the pennitted items, In addition, the CUP conditions of approval require the
operation to be in continuing compliance with all applicable city codes and regulations,
D. That the granting of this Conditional Use Pern1it wi]] not adversely affect the General
Plan of the City or the adopted plan of any government agency.
The City General Plan land use designation for the site is Commercial Retail. The
proposed CUP pennits Outside Sales and Display of Merchandise, which is consistent
with the Commercial Retail General Plan land use designation, and therefore wi]] not
adversely affect the implementation of the General Plan,
The Redevelopment Agency of the City of Chula Vista grants Conditional Use Permit
PCC-06-025 subject to the following conditions required to be satisfied by the Applicant and/or
property owner(s):
PLANNING & BUILDING DEPARTMENT
The following conditions shall be incorporated into the plan by the Applicant prior to issuance of
building pennits for this proj ect:
RDA Resolution No, 2007-
Page 5
1. Prior to, or in conjunction with the issuance of the first building permit, pay all
applicable fees, including any unpaid balances of permit processing fees for deposit
account DQ-I275.
2. Use and reliance of this CUP is contingent upon approval of DRC-06-033 and
satisfaction of DRC conditions of approval applicable to the outside sales and display
area,
3, Obtain approval of a reviscd site plan showing dclction of bulk lumbcr from the plans, to
the satisfaction of the Director of Planning and Bui1ding,
Upon certification by the nircctor of Pbllllillg and P'!I;ldill~' f(,r (1,'<'!':1:!:1'---:: (.,. l':-:t:']'li:Jl::L'!lt ()f
use ~dlo\vcd by this CUP, l~,:..' !', ::uwil1g conditiulb S:;;~:i ;'j j'\.::
4. The conditions in this CUI' shall be applied to the subject property utltil such time that
the CUP is modified or revoked,
5. Applicant shall obtain a final inspection from the Plal1l1itlg amI I3uilding Del'arttl1ctlt, ami
operate in compliance with thc following requirements, ensuring that thc Outside Sales
and Display Merchandise operales in compliance with the parameters of the use outlined
in the application, CV~IC Section I <),58,37C1,i\.I, '!lid ti,is l~cA)lt1:iu;1, iilch:,.iitlg the
following:
a, Merchandise permitted for outdoor display is 1imited to building material display,
outdoor equipment, outdoor furnilure and storage units, and live goods and
landscape supplies items only, as specified on the approved plans, This
merchandise is expressly pennitled by the Redcvelopmcnt Agency, Any
proposed change in the type of merchandise to be displayed requires approval of a
modification to the CUP, by the Redevelopment Agency or Zoning Administrator.
b, Outdoor sales and display of household furniture, household appliances, dry
goods, soil additives, clothing, play equipment, tires, and used goods are not
permitled, pcr CYMC 19,58.370.A.3,
c, The bulk storage of products, including lumber, is prohibited in areas set aside for
Outside Sales and Display of Merchandise, These areas shall be limited to
displays shown on the approved plans, and display of samples of lumber.
d. Outside Sales and Display area locations shall be limited to those areas specified
on the site plan and delineated by enhanced paving.
e, Outdoor Sales and Display areas shall not obstruct fire lanes, driveways, or
pedestrian access.
RDA Resolution No, 2007-
Page 6
f. Model storage buildings and displays related to patios or room additions shall not
be located immediately adjacent to the main entrance of the building. If these
types of displays are visible from Third Ave, or Moss Street, they shall be
partially screened or softened by architectural features, landscaping, or other
means, to the satisfaction of the Zoning Administrator.
g. No outside sales or display shall be of such size or quantity as to alter the
architectural appearance ofthe building.
6. This CUP authorizes only the use specified in the application for PCC-06-025. Any new
use, modification/expansion of use, or activities not authorized under 1his CUP shall be
subject to the review and approval of the Redevelopment Agency. Any deviation from
the above noted conditions of approval shall require the approval of a modified CUP.
7. This CUP shall be subject to any and all new, modified or deleted conditions imposed
after approval of this CUP 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 Applicant of a substantial revenue source which the
Applicant cannot, in the nonnal operation of the use pennitted, be expected to
economically recover.
8. This CUP shall become void and ineffective if not utilized within one year from the
effective date thereof, in accordance with Section 19,14,260 of the Municipal Code,
Failure to comply with any conditions of approval shall cause this CUP to be reviewed by
the City for additional conditions or revocation,
The Applicant/owner shall and does agree to indemnify, protect, defend and hold
hannless the Redevelopment Agency and the City, their members, officers, employees
and representatives, trom and against any and all liabilities, losses, damages, demands,
claims and costs, including court costs and attorney's fees (collectively, liabilities)
incurred by the Redevelopment Agency or the City arising, directly or indirectly, from (a)
The Redevelopment Agency's approval and issuance of this CUP, (b) The
Redevelopment Agency's approval or issuance of any other pennit or action, whether
discretionary or non-discretionary, in connection with the use contemplated herein, and
Applicant! owner shall acknowledge their agreement to this provision by executing a
copy of this CUP where indicated below. Applicant's/owner's compliance with this
provision is an express condition of this Conditional Use Pennit and this provision shall
be binding on any and all of Applicant's/ owner's successors and assigns.
Pursuant to Government Code Section 66020(d)(I), NOTICE IS HEREBY GIVEN that
the 90-day period to protest the imposition of any impact fee, dedication, reservation, or
other exaction described in this resolution begins on the effective date of this resolution
and any such protest must be in a manner that complies with Section 66020(a) and failure
RDA Resolution No, 2007-
Page 7
to follow timely this procedure will bar any subsequent legal action to attack, review, set
aside, void or annul imposition, The right to protest the fees, dedications, reservations, or
other exactions does not apply to planning, zoning, grading, or other similar appJication
processing fees in connection with this project; and it does not apply to any fees,
dedication, reservations, or other exactions which have been given notice similar to this,
nor does it revive challenges to any fees for which the Statute of Limitations has
previously expired,
The property owner and the AppJicant shall execute this document by signing the lines
provided below, said execution indicating that the property owner and AppJicant have
each read, understood, and agreed to the conditions contained in the Conditional Use
Permit. Upon execution. Ihie: r!nclljY)'-''lt c:h:111 h~ r\'!'()r.,! 'r1 \\";1], 11 '{I\'I"t\. {'I ,,1. \r,1 ,
CUU1Jty OfS...Ul Dil.'go, at L,,~ .,.:-": L"\J~!i;;-": u;"lii--: 1,"/-''-'-.; \ ""'..1..', "j i "','
signed, stamped copy of this rccordcd docull1ent shall be retuJ'l1ed within ten days of'
recordation to thc Planning and Building Department secretary_
Failure to rctuJ'l1 this doeLllnC'llt to the Phllling '"ld UuiJding DCj",,-tlllcnt sc'c,-etary shall
indicate the Property O\Vlh:rs/i\ppljcal1t"s desire llwt tilL I'ruj"':l.'L alhJ thl.' I....UiTl.';:i',ni1y..~;
application for building permits and/or a business license, be held in abeyance withuut
approval. The document \I ill ,ilso be on file in the City Clerk's ()I'liee aild knu\\ II as
docull1ent No,
Signature of Property Owner
Date
Signature of Applicant
Date
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 Redevelopment Agency 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 Jitigation to compel their compliance with said conditions or seek damages for
their violation, Failure to satisfy the conditions of this Conditional Use Pennit may also
result in the imposition of civil or criminal penalties,
IV, INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the Redevelopment Agency that its adoption of this Resolution is
dependent upon the enforceability of each and every tenn, provision and condition herein
stated; and that in the event that anyone or more tenns, provision, or conditions are
detennined by a Court of competent jurisdiction to be invalid, illegal or unenforceable,
RDA Resolution No, 2007-
Page 8
this resolution and the Conditional Use Permit shall be deemed to be automatically
revoked and of no further force and effect.
PRESENTED BY
James D. Sandoval
Director of Planning and Building
APPROVED AS TO FORM BY
Ann Moore
Agency Attorney
Rice
Elementorv
School
Retail R- 1
Commercial ~
CHULA VISTA PLANNING AND BUILDING DEPARTM E NT
LOCATOR PROJECT Home Depot PROJECT DESCRIPTION:
(!) APPLICANT: Miscellaneous
PROJECT 1030 Third Av Proposal replacement of currently existing 118,660 sq.ft, K Mart
ADDRESS: and 10,606 sq.ft. Restaurant with 97,396 sq,ft, Home Depot
SCALE: FILE NUMBER: retail building and 31,647 sq,ft, Garden center,
NORTH No Scale PCC-06-025 Related cases: DRC-06-033, IS-06-007
J:\planning\carlos\locatorslpcc06025.cdr 01.17.06
FY;H Ir, iT A
Mitigated Negative Declaration
PROJECT NAME:
Home D~pot
PROJECT LOCATION:
1030 Third Avenue
ASSESSOR'S PARCEL NO.:
619-051-12/13/28/68/69
PROJECT APPLICANT:
Home Depot/Zie'barth Associates
CASE NO.:
IS-06-007
DATE OF DRAFT DOCUMENT:
October 30, 2006
DATE OF RCC MEETING:
December 4, 2006
DATE OF FINAL DOCUMENT:
January 12,2007
Prepared by:
Maria C. Muett, Associate Planner
Revisions made to this document subsequent to the issuance of the notice of availability of
the draft Negative Declaration are denoted by underline,
A. Proiect Setting
The project si1e is a previously disturbed 11.10-acre parcel located on the southwestern
corner of Third Avenue and Moss Street, within the Redevelopment Project Area of the City
of Chula Vista (see Exhibit A - Location Map). The project area consists of five parcels
containing public access, utility, lease and emergency service easements, (see Exhibit B -
Existing Site Plan), The entire project site was previously developed with existing
commercial retail buildings, and associated parking, as well as an active food kiosk and
currently vacant restaurant.
The topography of the site is essentially flat, with a slight dowTIward elevation change from
east to west. The land uses immediately surrounding the project site are as follows:
North:
South:
East:
West/Southwest:
Fast Food Kiosk/Apartments and Behavioral Center
Retail Center with vacant supermarket
Fast Food Kiosks and Commercial Centers
Multi-Family Residential
B, Proiect Description
The project proposal consists of the demolition of an existing (vacant) 118,669 square-foot
commercial retail building (K-Mart) and replacement with a Home Depot store. The
proposed 129,043 square-foot building includes a 31,647 square-foot garden center. An
existing 10,600 square-foot restaurant is proposed for demolition to accommodate the project
parking lot. The existing fast food kiosk located on the corner parcel would be retained,
It 111\ c. H 1\\ t~ j\J' T
<;7
<')
The project site plan calls for an outdoor sales and display area, customer merchandise
pickup area, and building materials will:call area. The proposal includes a loading/receiving
dock area and lumber off-loading area to the rear (west) of the store building. The proposal
contains a paved parking area to accommodate 666 parking spaces, which is 21 spaces in
excess of the required parking per the Municipal Code.
The proposal includes the removal and relocation of driveway accesses along Moss Street
and Third Avenue, relocation of light posts, as well as the abandonment and installation of
new fire hydrants. Proposed on-site improvements include new stonn iliainage facilities,
water service extensions, sewer lateral connections, relocation of driveway accesses, trash
compactor, emergency generator, a 6-15 foot high sound/screening wall along the west and
north property lines. Additional onsite improvements include enhanced landscaped
treatments and new lighting standards.
Hours of operation for the store are 6:00 a.m. to 10:00 p.m., Monday through Saturday, and
7:00 a.m. through 10:00 p.m. on Sundays. The anticipated number of store employees ranges
from 150-200 employees with 75-:100 employees expected at anyone time, Truck deliveries
will be limited to between the hours of 7:00 a.m. and 10:00 p.m. (Weekdays) and 8:00 a,m.
to 10:00 p,m, (Weekends). in accordance with the City Municipal Code/Noise Ordinance.
The maximum number of daily delivery vehicles is 30 trucks during the week and 4 trucks
per day on the weekends. and an average of lIS trucks per week.
The project site is located within the CCP (Central CommercialJPrecise Plan) Zone and CR
(Retail Commercial) General Plan land nse designation.
C. Compliance with Zoning and Plans
The proposed project site is within the CCP (Central CommerciallPrecise Plan) Zone and CR
(Commercial Retail) General Plan land use designation. The project has been found to be
consistent with the applicable zoning regulations and the Chula Vista General Plan. The
proposed project requires the approval of a Design Review Pennit by the Design Review
Committee, a Conditional Use Pennit by the Zoning Administrator for outside sales and
displays, and a lot consolidation by the City Engineer.
D. Public Comments
On January 30, 2006, a Notice of Initial Study was circulated to property owners within a
500-foot radius of the proposed project site. The public review period ended February 9,
2006. Written and e-mail comments were received regarding noise, traffic/parking, air
quality and road deterioration issues. (A verbal comment was received regarding the
redevelopment goals of the project area. This comment was referred to the Community
Development Department).
The City and the applicant held a Community Workshop on August 24, 2006 to present the
project and receive public input. The City received public comments regarding business
redevelopment, project redesign, potential noise/traffic and air quality impacts and
cumulative impacts generated by the proposed project.
2
On November 13.2006 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 within a 500-
foot radius of the proiect site, The 30-dav public comment beriod closed on December 15, 2006,
Comment letters were received ITom the public and ITom the Environmental Health Coalition. The
issues raised involved noise. air quality/risks impacts. traffic and other proiect related impacts. The
issues raised in these letters have been addressed in the Mitigated Negative Declaration and attached
checklist. as well as in the attached response to comments (Exhibit "C"),
E. Identification of Environmental Effects
An Initial Study conducted by the City of Chula Vista (including an attached EnVironmental
Checklist fonn) detennined that the proposed project may have potential significant
environmental impacts, however, mitigation measures have been incorporated into the
project to reduce these impacts to a less than significant level. This Mitigated Negative
Declaration has been prepared in accordance with Section 15070 of the State of California
Environmental Quality Act (CEQA) Guidelines.
Air Qualitv
To assess potential air quality impacts of the project, an Air Quality Technical Report for the
Chula Vista Home Depot, Chu/a Vista, California, dated October 16, 2006, was prepared by
Scientific Resources Associated (SRA). The results of this analysis are summarized below.
Thresholds of Significance
To determine whether a project would create potential air quality impacts, the City evaluates
project emissions thresholds in accordance with the South Coast Air Quality Management
District (SQAMD) standards.
In order to analyze potential emission impacts, the emission factors and threshold criteria
contained in the South Coast Air Quality Management District CEQA Handbook for Air
Quality Analysis were used.
Short-Term Construction
The emissions associated with the demolition and construction activities of the proposed
project with mitigation will result in air quality impact below the significance thresholds for
all construction phases and pollutants. The minimal grading of the site, building
remodeling/renovation construction and worker and equipment vehicle trips will create
temporary emissions of dust, fumes, equipment exhaust, and other air pollutants associated
with the construction and demolition activities. Air quality impacts resulting from
construction-related operations are considered short-tenn in duration since construction-
related activities are a relatively short-tenn activity,
In order to analyze potential project impacts/emissions, the emission factors and threshold
criteria contained in the South Coast Air Quality Management District CEQA Handbook for
Air Quality Analysis were used. Based upon the emission factors and anticipated
construction activities it is estimated that the proposed project would exceed the SCAQMD's
daily threshold emission levels, if not mitigated.
3
A comparison of daily construction emissions to the SCAQMD's emission thresholds of
significance for each pollutant was analyzed. Emissions were calculated using the
URBEMIS 2002 model.
Implementation of the Mitigation Measure I contained in Section F below would mitigate
short-term construction-related air quality impacts to below a level of significance, These
measures are included as a part of the Mitigation Monitoring and Reporting Program.
See the noise section. befow regarding potential truck idling air quiility impacts and
mitigation measures.
Long-Term (Operation)
In order to assess whether the project's contribution to ambient air quality is cumulatively
considerable, the project's emissions were quantified with respect to regional air quality.
The proposed project once developed will not result in significant long-term air quality
impacts. The minimal project generated traffic volume would not result in significant long-
term local or regional air quality impacts. The project results in a reduction in cumulative Air
Quality impacts due to fewer net vehicle trips for the overall project site. No area source or
operational vehicle emission estimates will exceed the Air Quality significance thresholds;
therefore, no mitigation measures are required.
Toxic Air Contaminant Evaluation/Health Risk Assessment
The study contains a health risk assessment and results of toxic air contaminant (T AC)
emissions and potential risks associated with Diesel Particulate Matter (DPM) from project
related and development traffic during construction and operational phases. According to the
California Health and Safety Code a TAC is an air pollutant that that may present a potential
hazard to human health. Typical risks emitted from on-road traffic include gasoline-fueled
automobiles, diesel-fueled trucks/vehicles and stationary sources, such as diesel-powered
engines, and truck idling. In order to estimate the emissions to a worse case scenario, a
conservative 70-year exposure model scenario of emission factors from truck traffic was
used. The study concluded that there is no health risk based upon established thresholds,
Hot SDots
In order to determine the potential for significant air quality impacts associated with CO
emissions, an evaluation of CO hot spots was completed. This was done to determine if the
proposed project emissions exceeded the acceptable regional criteria and violated the CO
standard. The CO "hot spots" were based upon the findings of the proj ect traffic study, The
traffic study indicated that the project-generated traffic would not lower the Level of Service
(LOS) below LOS "D" and, therefore, in accordance with regional standards, the CO levels
would not create significant impacts to the ambient air quality.
4
Geology and Soils
To assess potential geological and soils impacts of the project, a Preliminary Geotechnical
Engineering Investigation for Proposed Improvements to Home Depot Store, 1030 Third
Avenue, Chula Vista, California, August 4, 2005, was prepared by Twining Laboratories, Inc.
The results of this analysis are summarized below,
The project site is not located in an active Earthquake Fault Zone. The nearest active fault is
the Rose Canyon fault approximately 5 miles away. No known significant or suspected
seismic hazards associated with the project site have been identified.
According to the preliminary geological study, existing fill soils on the project site will be
over excavated and recompacted as engineered fill. The upper soil under the building pad
will consist of aggregate base over non-expansive import material. Elevations at edge
conditions were taken into account and identified in the preliminary geotechnical report and
considered in grading design and preliminary earthwork estimates. As a standard condition,
a final soils report will be required for review by the City Engineer. In addition, erosion
control measures will be identified in conjunction with the preparation of the grading plans
and implemented during the construction phase. The mitigation measures contained in
Section F below would mitigate potential geological impacts to a level of less than
significance. These measures are included as a part of the Mitigation Monitoring and
Reporting Program.
HazardslHazardous Materials
In order to assess potential hazardous materials impacts of the proposed project, a Phase I
Environmental Site Assessment was prepared by GeoSyntec Consultants, Inc" entitled Home
Depot Development/Chula Vista, dated August 24, 2005. In addition a pre-demolition
asbestos survey and support data was prepared, A copy of the technical study is available for
review at the Planning and Building Department.
Phase I Environmental Site Assessment
Underground Storage Tanks (USTs) previously located in the fonner Kmart auto service
center were removed in 1993. Several soil samplings were taken and analyzed under the
direction of the County of San Diego Department of Environmental Health Services (DEHS).
No significant release was identified and the County required no further remediation or
assessment actions necessary.
Four USTs previously located in the former Chevron station located at the northeast portion
of the site were removed in January 1990, A release of gasoline resulted from closure
activities and soil contamination occurred. The release was investigated and remediated
under the direction and to the satisfaction of the County DEHS, according to their closure
letter dated February 17, 1999. No further action was necessary.
5
The Phase I identified an auto repair section containing fonner hydraulic lifts and wheel
alignment area for the previous Kmart Store, Those areas have since been replaced by the
existing retail and storage space. No indications of these fonner features were observed
during the site reconnaissance and it is assumed that these features were removed around the
time of the UST removal in 1993. However, this area should be observed during site
demolition and grading activities for the proposed project. In the event any original auto
repair work area features are discovered or suspicious environmental concerns are
encountered, a qualified professional will be required to assess the areas of concern, That
may include the preparation and submittal of a written analysis if warranted, identifying any
new environmental conceins with appropriate measures to the Environmental Review
Coordinator for review. The mitigation measures contained in Section F below would
mitigate potential hazards/hazardous materials impacts to a level of less than significance.,
These measures are included as a part of the Mitigation Monitoring and Reporting Program.
Lead and Asbestos Removal
Due to the age of the existing commercial building and restaurant, there is the potential for
lead and asbestos containing materials within the buildings proposed for
demolition/renovation. Additional evaluation was required to detennine the presence of any
of these hazardous materials prior to demolition activities,
According to the Phase II prepared by GeoSyntec Consultants, dated August 3, 2005, a pre-
demolition asbestos survey was perfonned by a registered asbestos-consulting finn on July
29, 2005. It indicated that all accessible areas were inspected for possible asbestos-
containing materials, including flooring, ceiling, and penetration mastic materials of the roof.
Asbestos Containing Materials (ACMs) were identified in some of these areas. The purpose
of the pre-demolition asbestos abatement was to remove (ACMs) within the building. On
December 16, 2005, abatement was conducted to remove the identified ACMs at the site by
CST Environmental Inc. and removed by a licensed hazardous materials hauler to a
registered hazardous materials site in accordance with appropriate federal, state and local
hazardous waste disposal regulations.
Inaccessible areas such as inside walls were not sampled, If during demolition and
renovation suspect (ACMs) materials are observed, additional sampling and analysis prior to
removal and renovation activities will be required. Therefore, abatement will be perfonned
by 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, The mitigation measure
contained in Section F below would mitigate potential hazards/hazardous material impacts
associated with the release of asbestos and lead to below a level of significance,
Polychlorinated Biphenyls (PCBs)
During the site assessment transfonners and other electrical equipment were observed around
the existing buildings. No leaks or staining were observed on or around the transfonners.
Historically, PCBs were used in cooling oil for electrical transfonners, The age of the
transfonners was not known at the time of the site assessment, and those within the electrical
rooms appeared to be older than those outside. Therefore, there is the potential of PCBs
6
within the cooling oil. Additional sampling of the cooling oil for possible PCBs is required
prior to removal for site demolition. In addition, the fluorescent light ballasts located
throughout the project site were unknown as to whether or not they had been retrofitted.
Therefore, there is a potential presence of PCBs in the light ballasts within the store and
restaurant. The mitigation measures contained in Secti0l1 F below would mitigate potential
hazards/hazardous material impacts associated with the release of PCBs during
demolition/renovation activities to below a level of significance.
Hvdrology and Water Oualitv
Based upon review of the project, the Engineering Department has determined that there are.
no significant issues or impacts regarding the proposed drainage improvements for the
project site. The project proposes the installation of a storm drain system, filtering treatment
system, backflow device and preventor, drain piping, catch basin, inlets and conceptual Best
Management Practices include gravel bags, dikes, landscaped areas, and improvements to
existing brow ditch along the western property line,
As required, the proposed drainage must be directed away from existing and proposed
buildings including adjacent properties, A final drainage study will be required in
conjunction with the preparation of the project grading plans and must demonstrate that the
post-development peak flow rate does not exceed the pre-development flows. The proposed
drainage improvements designed in accordance with local and regional requirements as
described above would improve the overall on-site drainage system and accommodate the
proposed project. The drainage facilities will be installed at the time of the site development
to the satisfaction of the City Engineer.
The applicant will be required to comply with the City of Chula Vista's Storm Water
Management Manual and implement Best Management Practices (BMPs) to prevent
pollution of the storm water systems during and after construction. The applicant will also be
required to comply with the NPDES Municipal Permit, Order No. 2001-01 and other permit
requirements, identify storm water pollutants that are generated with proposed BMPs, and
submit a water quality study with submittal of final grading/improvement plans to the
satisfaction of the City Engineer. These measures are included as a part of the Mitigation
Monitoring and Reporting Program (See Section F).
Storm or non-storm 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, No significant impacts to the City's storm drainage system or water quality are
anticipated to result from the proposed proj ect.
Noise
In order to assess potential noise impacts of the proposed project, a noise study was prepared
by Giroux & Associates, Inc., entitled Home Depot @ Third & Moss Streets, dated October
13, 2006. 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 Building Department.
7
Critical noise sources are all located witilln the rear alley (western property line) that include
truck movement, loading/unloading dock activities, lumber offloading, idling trucks,
forklifts, backup alanns, emergency generator, trash con:pactor and trash collection, These
activities are located next to the western property line and to the closest residential
development.
Other noise sources include the customer pickup lanes and the outside sales area located in
the ITont {)f the store (easterly elevation), outdoor and rooftop mechani~al equipment, P A
systems, building/parking lot maintenance, short-term construction noise, vehicle noise in the
parking lot, and traffic noise on adj acent streets.
LoadinglUnloading Dock and Lumber Offloading
The new loading/unloading dock, located along the seHtheast southwest comer of the
building, is in approximately the same location as the existing dock. A lumber-offloading
pad is proposed on the northwest comer of the rear truck route is buffered by a screening
wall, No lumber or other materials will be stored outside in the rear alley. Only palettes will
be allowed to be stored further to the south along the western property line for future pickup.
Typical noise sources associated with loading/unloading docks may include idling truck
engines, truck backup alanns, fork lifts, banging of hand carts, and roll-up doors, noise ITom
public address systems and employee voices.
Typical loading dock support equipment such as small or medium trucks or forklifts usually
contain backup alarms. The semi-trailer unloading dock and trash compactor will create a
second source noise that is separated by setback and distance, Operational loading/unloading
dock noises are considered significant noise impacts if not properly mitigated. A sound
absorbent material or sound absorbent cladding will be constructed between the barrier wall
and rear of the store building. The loading dock will contain a product feature consisting of
foam seal and enhanced bumpers on the deck leveler to reduce dock mating and truck plate
noise impacts. A wing wall extension will be added to the comer of the building extended
for 75 feet. For those impacts to near by noise receptors, a major noise reduction can be
accomplished with the installation of a 6-15 -foot high sound wall along the western
perimeter boundary. These features will effectively shield the will call and
lumber/offloading dock areas, thus bringing operational noise into conformance with the
City's Noise Ordinance.
The project includes typical noise sources generated ITom pickup/delivery service businesses
such as public address systems or bell signaling systems, Even though the store hours of
operation are ITom 6:00 a.m. to 10:00 p,m., the City of Chula Vista Noise Ordinance, Section
19,68.050, and the proposed project limitations regulate these public address and signaling
systems. Pursuant to the City's Municipal Code, the operation of the public address system
and other signaling systems cannot occur prior to 7:00 a.m. or after 10:00 p.m, (weekdavs)
and 8:00 a.m. or after 10:00 p,m. (weekends), No significant noise impacts are expected to
occur to any residential receptors as a result of the operation of the public address system or
other signaling systems, .
8
Truck Idling
There is the possibility of operational noise impacts to the adjacent residential development
caused by extended truck idling. To avoid this potentially significant noise impact, trucks
will not be permitted to idle along the rear of the store near residential properties, or park on
the public street for extended periods while waiting for the business to open,
Proposed mitigation includes rear store loading/unloading activities limited to between the
hours of 7:00 a.m. to 10:00 p.m. (weekdavs) and 8:00 a.m. to 10:00 p.m. (weekends).
Mitigation measures also include the requirement that the noise/screening wall be
constructed in accordance with the project noise study, Steady noise from idling diesel
-trucks awaiting access to the rear of the store will be minimized because truck idling is
subject to a five-minute time limitation in accordance with State law, Chapter 10, Section
2485. The mitigation measures contained in Section F below would mitigate
unloading/loading dock activities including truck idling related noise impacts to below a
level of significance and in compliance with the City of Chula Vista Noise Ordinance
standards.
Emergency Generator/Trash Compactor
An emergency power generator and trash compactor are proposed near the western property
line, adjacent to residences. There is the potential for noise impacts to the residents or
employees during these operational activities. The emergency generator will only be used
for a few testing minutes per month or in the rare event of a major power outage. However,
in order to mitigate any potential significant noise impacts proper project design and
operational mitigation measures the applicant will include installation of a special sound-
reduction enclosure (minimum 9-foot high CMU walls) around the emergency generator.
The enclosure entrance doors will be closed during generator operation.
The trash compactor operation would be considered incidental nuisance noise. The use of
the outdoor trash compactors will be limited to the daytime hours between 7:00 a.m. and
10:00 p.m, (weekdavs) and 8:00 a,m, to 10:00 p.m. (weekends) in accordance with the City
Noise Ordinance standards.
The mitigation measures contained in Section F below would mitigate power generator and
trash compactor noise impacts to below a level of significance,
Outdoor/Rooftop Mechanical Equipment Noise
Heating, ventilation and air conditioning (HV AC) equipment is proposed on the roof of the
commercial building. The noise generated by the machinery motors would vary depending
on the type and size of the mechanical equipment. Based upon the mechanical plans, the
study concluded that noise generated from the HV AC would not exceed the City's noise
standard even for night-time operations with the proposed parapet screening, Therefore, the
mitigation measures contained in Section F below have been included to mitigate HV AC/or
rooftop mechanical equipment noise impacts to below a level of significance.
9
Short-Term Construction Noise
Pursuant to Section 17,2,050(J) of the Chula Vista M!micipal 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 pre"sence of the adjacent multi-family residentiaLrlevelopment, this
provision of the Municipal Code applies to the project and would ensure that the residents
would not be disturbed by construction noise during the most noise sensitive periods of the
day. "
Traffic Noise
The projected traffic noise impacts associated with traffic volumes along Third Avenue and
Moss Street and at the project site were assessed in the noise analysis. The report concluded
that the traffic volume would have a less than significant impact on noise.
Transportation/Traffic
To identify potential traffic impacts associated with the project development, a Traffic
Impact Analysis dated April 19, 2006 was prepared by Linscott Law & Greenspan, Inc.
Traffic impacts were defined as either as project specific impacts or cumulative impacts. The
traffic study is summarized below.
Analysis Methodology/Significance Criteria
In order to anticipate cumulative future projects in the area, a conservative methodology
approach was applied to the existing traffic volumes. This created a foundation or baseline
for the proposed project impacts to be measured and used in the traffic analysis, The analysis
included existing volumes, existing plus growth volumes and existing plus growth plus
project traffic volumes (cumulative); a 1.5% growth factor was applied to existing traffic
volumes.
Existing Conditions
The project site is currently accessed via five driveways: three driveway accesses off of Third
Avenue and two driveway accesses off of Moss Street. Third Avenue is classified as a Class
I Collector within the City of Chula Vista Circulation Plan. Unsignalized and signalized
intersections were studied based on the anticipated traffic circulation within adjacent and
surrounding street segments. Peak hour intersections currently operate at Level of Service
(LOS) C or better in accordance with City threshold standards,
10
Site Access/Truck Operations and Parking
The proposed access to the site is through four driveways, two off Third Avenue and two off
Moss Street. The project includes the elimination of one existing driveway to improve
circulation and access to the project site. The northwesterly driveway from Moss Street will
be used primarily for truck entrance and will be realigned to allow proper truck circulation,
accessibility, and turning movement for delivery access to the loading docks and lumber
staging area lQcated at the rear of the building. Truck accessibility was looked at from three
locations; entrance, loading docks and exit. Modifications have beep includ~ in the latest
site plan and through project design, the proposed accessibility and circulation have been
adequately addressed.
In accordance with the City Municipal Code/Parking Ordinance (Section 19.62), the
proposed project requires 645 parking spaces. The Home Depot project proposes 666
parking spaces, 21 parking spaces in excess of the Municipal Code requirement. No
significant traffic impacts will result relative to traffic or truck circulation, site access or
parking.
Existing plus Growth and Proposed Project (Intersections)
Signalized intersections were studied during the peak hour operations including key
intersections at Third Avenue/Moss Street and Third AvenuelNaples Street. All signalized
intersections will continue to operate at adequate levels of service during the AM and PM
peak hours. The key signalized intersections will continue to operate at LOS C or better in
accordance with the City threshold standards. No significant intersection/capacity related
traffic impacts would result from the proposed project.
Truck Loitering
There is the potential for truck loitering to occur with similar type projects thus creating
potential traffic impacts onto the surrounding public streets. However, due to ample parking
available on site, proper truck circulation, and the restriction of delivery hours (the hours of
7:00 a,m. and 10:00 p,m. ((weekdavs) and 8:00 a.m. to 10:00 p.m, (weekends)), adverse
impacts are not anticipated. The mitigation measures contained in Section F (Noise Section)
below would mitigate potential truck loitering impacts to below a level of significance.
F, Mitigation Necessarv to Avoid Significant Impacts
Air Quality
1, The following air quality mItIgation requirements shall be shown on all applicable
grading, and building plans as details, notes, or as otherwise appropriate, and shall not be
deviated from unless approved in advance in writing by the City's Environmental Review
Coordinator:
. Minimize simultaneous operation of multiple construction equipment units,
11
. Use low pollutant-emitting construction equipment.
. Use electrical construction equipment as practical.
. Use catalytic reduction for gasoline-powered equipment.
. Use injection-timing retard for diesel-powered equipment.
. Water the construction area minimum three times daily to minimize fugitive dust.
. Stabilize graded areas as quickly as possible to minimize fugitive dust.
. Pave permanent roads as quickly as possible to minimize dust.
. Use electricity rrom power poles instead of temporary generators during building, if
available.
. Apply stabilizer or pave the last 100 feet of internal travel path within a construction
site prior to public road entry.
. Install wheel washers adjacent to a paved apron prior to vehicle entry on p'ublic roads..
. Remove any visible track-out into traveled public streets within 30 minutes of
occurrence.
. Wet wash the construction access point at the end of each workday if any vehicle
travel on unpaved surfaces has occurred.
. Provide sufficient perimeter erosion control to prevent washout of silty material onto
public roads.
. Cover haul trucks or maintain at least 12 inches of rreeboard to reduce blow-off
during hauling.
. Suspend all soil disturbance and travel on unpaved surfaces if winds exceed 25 miles
per hour.
Geology and Soils
2. Prior to the issuance of construction permits, the applicant shall provide the signature of
the geotechnical engineers as evidence to the City Engineer that all the recommendations
in the Preliminary Geotechnical Investigation, dated August 4, 2005 have been
incorporated into the plans,
3. Prior to issuance of grading and construction permits, the applicant shall submit a final
soils report for review and approval to the satisfaction of the City Engineer.
Hazards and Hazardous Materials
4. Prior to any demolition activities, a licensed and registered asbestos and lead abatement
contractor shall perform asbestos and lead-based paint abatement in accordance to all
applicable local, state and federal laws and regulations, including San Diego County Air
Pollution Control District Rule 361.145 - Standard for Demolition and Renovation.
5. If during demolition and renovation activities potentially Asbestos Containing Materials
(ACMs) are observed within the inaccessible areas such as interior walls, additional
samplings and analysis prior to the removal of such materials shall be required,
Abatement shall be performed in accordance with standards and regulations noted in
mitigation measure no, 4, In the event suspected ACMs concerns are encountered, a
12
qualified professional will be retained to assess the areas of concern. That may include
the preparation and submittal of a written analysis identifying any new hazards/hazardous
material impacts with appropriate measures to the Environmental Review Coordinator for
revIew.
6. Prior to the removal of any electrical transformers for site demolition, the transfonners
will be inspected. If the transfonners are not labeled as PCB- rree, they will be presumed
to contain PCBs and they will be disposed of in compliance with applicable standards and
regulations, In the event potential environmental concerns regarding PCBs are
suspected or encountered, a qualified professional will be required to assess the areas of
concern. That may include the preparation and submittal of a written analysis identifying
any new hazards/hazardous material impacts with appropriate measures to the
Environmental Review Coordinator for review.
7. Prior to the removal of fluorescent light ballasts located within the proposed buildings or
portion thereof for demolition, the ballasts will be inspected. If the ballasts are not
labeled as PCB-rree, they will be presumed to contain PCBs and they will be disposed of
in compliance with applicable standards and regulations. In the event potential
environmental concerns regarding PCBs are suspected or encountered, a qualified
professional will be required to assess the areas of concern. That may include the
preparation and submittal of a written analysis identifying any new hazards/hazardous
material impacts with appropriate measures to the Environmental Review Coordinator for
reVIew,
8, During the demolition and grading activities for the proposed project, the area of the
fonner hydraulic lifts and wheel alignment shall be monitored. In the event additional
auto repair work area features are discovered or suspicious environmental concerns are
encountered, a qualified professional will be required to assess the areas of concern. That
may include the preparation and submittal of a written analysis identifying any new
environmental concerns with appropriate measures to the Environmental Review
Coordinator for review.
Hvdrologv and Water Oualitv
9. Prior to the issuance of a grading permit, a final drainage study shall be required in
conjunction with the preparation of final grading plans and must demonstrate that the
post-development peak flow rate does not exceed the pre-development flows, The City
Engineer shall verify that the final grading plans comply with the provisions of California
Regional Water Quality Control Board, San Diego Region Order No, 2001-01 with
respect to construction-related water quality best management practices, If one or more
of the approved post-construction BMPs is non-structural, then a post-construction BMP
plan shall be prepared to the satisfaction of the City Engineer prior to the commencement
of construction, Compliance with said plan shall become a pennanent requirement of the
Mitigation Monitoring and Reporting Program,
13
10, Prior to the commencement of grading operation, temporary desilting and erosion control
devices shall be installed. Protective devices will be provided at every stonn drain inlet
to prevent sediment rrom entering the stonn 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
11. Pursuant to Section 17.24.050(J) of the Chula Vista Municipal Code, project-related
construction activities including demolition shall be prohibited between the hours of
10:00 p.m. and 7:00 a.m. Monday through Friday and between 10:00 p.m. and 8:00 a.m.
Saturdays and Sundays. .
12, A 6 to IS-foot high noise attenuation wall, including screening wall shall be constructed
along the western property line in accordance with the noise study dated October 13,
2006, and as depicted on the project development and grading plans to the satisfaction of
the City Engineer and Environmental Review Coordinator,
13, A 12-foot high wing wall extension shall be added to the comer of the building extending
for 75 feet. in accordance with the noise study dated October 13, 2006, and to the
satisfaction of the City Environmental Review Coordinator.
14. Truck deliveries shall be restricted except between the hours of7:00 a.m, and 10:00 p.m.
Monday through Fridays and 8:00 a.m, to 10:00 p,m, Saturdays and Sundays in
accordance with the City of Chula Vista Noise Ordinance (Section 19.68).
15, The loading dock shall contain a product feature consisting of foam seal and enhanced
bumpers on the deck leveler to reduce dock mating and truck plate noise impacts in
accordance with the noise study dated October 13, 2006, and to the satisfaction of the
City Environmental Review Coordinator.
16. The lumber unloading area barrier wall shall be constructed of sound absorbent material
or equipped with sound-absorbent cladding to minimize multiple sound reflections
between the barrier wall and the rear of the store building in accordance with the noise
study dated October 13, 2006.
17. All diesel delivery trucks shall turn off their engines during unloading/unloading
activities at the Home Depot loading docks and lumber offloading pad whenever
possible. In the event a delivery truck is not able to immediately enter the loading docks
or lumber off-loading area upon arrival, the diesel truck idling shall be restricted to a
five-minute limitation in accordance with State law, Trucks will not be pennitted to idle
along the rear of the store near residential properties or park for extended periods of time
while waiting for the business to open,
14
18, A minimum 9-foot high sound reduction enclosure surrounding the project emergency
generator shall be constructed in accordance with the noise study dated October 13, 2006.
During emergency generator operations all sound enclosure doors shall be kept closed.
Prior to issuance of building permits, the design shall be reviewed and approved by the
Environmental Review Coordinator.
19. Outside operational activities located along the rear and sides of the building including
docking/unloading/loading, trash compactor, emergency generators, trash/recycled
cardboard pickups, and .signaling systems shall be restricted.between.1he hours of 7:00
a.m. to 10:00 p.m. Monday to Fridays and 8:00 a.m. to 10:00 p.m. Saturdays and Sundays
in accordance with the City ofChula Vista Noise Ordinance (Section 19.68).
20. All ~ooftop pumps, fans, and air conditioners shall include appropriate noise abatement
and be screened by a minimum three-foot high rooftop parapet that blocks the line-of-site
view from the backyards of the nearby residential properties to the exposed roof and
mechanical ventilation systems, consistent with the noise study dated October 13, 2006.
G. Agreement to Implement Mitigation Measures
By signing the line(s) provided below, the Applicant and Operator stipulate that they have each read,
understood and have their respective company's authority to and do agree to the mitigation measures
contained herein, and will implement same to the satisfaction of the Environmental Review
Coordinator. Failure to sign the line(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 shall apply for an
Environmental Impact Report.
Printed Name and Title of Applicant
(or authorized representative)
Date
Signature of Applicant
(or authorized representative)
Date
N/A
Printed Name and Title of Operator
(if different from Applicant)
Date
N/A
Signature of Operator
Date
15
(if different from Applicant)
H, Consultation
1. Individuals and Organizations
City of Chula Vista:
Steve Power, Planning and Building Department
Luis Hernandez, Development Planning Manager Department
Richard Zumwalt, Planning and Building Department
MigUel Tapia, Redevelopment Department
Garry Williams, Planning and Building Department
Silvester Evetovich, Engineering Division
Jim Newton, Engineering Division
Frank Rivera, Engineering Division
David Kaplan, Engineering Division
Ben Herrera, Engineering Division
Sohaib AI-Agha, Engineering Division
Hasib Baha, Engineering Division
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
2. Documents
City of Chula Vista General Plan Update, 2005,
Final Environmental Impact Report, City of Chula Vista General Plan Update, ElR No.
05-01, December 2005.
City of Chula Vista MSCP Subarea Plan, February 2003,
Traffic Impact Analysis for Third Avenue Home Depot, Chula Vista, CA and dated April
19,2006 (Linscott Law & Greenspan Engineers).
Noise Impact Analysis for Proposed Home Depot at Third and Moss Streets, Chula Vista,
CA and dated October 13, 2006 (Giroux & Associates),
Phase I Environmental Site Assessment for Proposed Home Depot Development, Chula
Vista, San Diego County, CA and dated August 24, 2005 (GeoSyntec Consultants, Inc,),
16
Asbestos Survey, 1020/1030 Third Avenue, Chula Vista, CA and dated July 29,2005
(JMR Environmental Services, Inc.) and Asbestos Abatement Closeout Document,
10321/2 Third Avenue, Chula Vista, CA and dated December 23,2005 (CST
Environmental Inc.).
Preliminary Geotechnical Engineering Investigation for Proposed Home Depot Store,
1030 Third Avenue, Chula Vista, CA and dated August 4, 2005 (The Twining
Laboratories, Inc.).
Air Quality Technical Report for the Chula Vista Home Depot Chula Vista, California,
dated October 16, 2006 (Scientific Resources Associated (SRA).
3. Initial Studv
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 ofChula Vista, Further information regarding the
environmental review of this project is available from the Chula Vista Planning and
Building Department, 276 Fourth Avenue, Chu1a Vista, CA 91910,
Date:
d 17- /l'T
I I
J:\Planning\MARlA\lnitial Study\Home Depot\IS.06-007DraftMND.doc
17
Rice
Elementarv
School
C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT Home Depot PROJECT DESCRIPTION:
e) APPLICANT: Initial Study
PROJECT 1030 Third Av Proposal replacement of currently existing 118,660 sq,ft, K Mart
ADDRESS: and 10,606 sq.ft, Restaurant with 97,396 sq,ft, Home Depot
SCALE: FILE NUMBER: retail building and 31,647 sq.ft. Garden center.
NORTH No Scale 18-06-007 Related cases: DRC-06-<J33, PCC-06-<J25
J:\planning\carlos\locators\isOS007.cdr 11.16.05
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ATTACHMENT "A"
MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
HOME DEPOT - /8-06-007
This Mitigation Monitoring and Reporting Program has been prepared by the City of Chula Vista
in conjunction with the proposed ShinnlLynndale Place Tentative Parcel Map project. 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. (IS-06-007) 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/Soils
3. Hazards/Hazardous Materials
4. Hydrology and Water Quality
5. Noise
MONITORING PROGRAM
Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinators
shall be the Environmental Review Coordinator and City Engineer of the City of Chula Vista.
The applicant shall be responsible to ensure that the conditions of the Mitigation Monitoring and
Reporting Program are met to the satisfaction of the Environmental Review Coordinator and
City Engineer. The applicant shall provide evidence in written fonn confirming compliance with
the mitigation measures specified in Mitigated Negative Declaration IS-06-007 to the
Environmental Review Coordinator and City Engineer. The Environmental Review Coordinator
and City Engineer will thus provide the ultimate verification that the mitigation measures have
been accomplished,
Table 1, Mitigation Monitoring and Reporting Program Checklist, lists the mitigation measures
contained in Section F, Mitigation Necessary to Avoid Significant Effects, of Mitigated Negative
. Declaration IS-06-007, 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\MARlA\Initial Study\Home Depot\IS~06-0Q-7MMRPtext.doc
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ENVIRONMENTAL CHECKLIST FORM
CfTYOF
CHULA VISTA
1. Name of Proponent:
Home Depot
John Ziebarth
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 Number of Proponent:
1020 Third Avenue
Chula Vista, CA 91910
(949) 341-0750
4. Name of Proposal:
Home Depot
5. Date of Checklist:
October 30, 2006
6. Case No.:
18-06-007
ENvrnONMENT AL ANALYSIS QUESTIONS:
Less Than
Potentially Significant Less Than No
Issues: Significant With Significant Impact
Impact Mitigation Impact
Incorporated
I. AESTHETICS, Would the project:
a) Have a substantial adverse effect on a scenic vista? D D D III
b) Substantially damage scenic resources, including, D D D III
but not limited to, tress, rock outcroppings, and
historic buildings within a state scenic highway?
c) Substantial1y degrade the existing visual character or D D D III
quality ofthe site and its surroundings?
d) Create a new source of substantial light or glare,
which would adversely affect day or nighttime views
in the area?
D
D
III
D
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Comments:
a-b )The proposal includes a new retail building including garden center with site improvements,
walls, and landscaping in accordance with the City of Chula Vista Municipal Code and Design
Review Guidelines. The proposed landscape improvements, walls/fencing and onsite
improvements would improve the aesthetic quality of the partially active_commercial site, The
project site contains no scenic vistas or views open to the public and; therefore, would not
damage any scenic resources, vegetation, or historic buildings within a state scenic highway,
c) The proposal is an infill commercial development project, The proposed project will not
substantially degrade the existing visual character or quality of the project site or its adjacent
residential surroundings, The project site is planned for commercial development according to
the General Plan Land Use regulations.
d) The proposal includes replacement of lighting standards throughout the project site. Some of
these standards will be adjacent to the multifamily residential development along the west
possibly creating a new source of light or glare affecting nighttime views, However, the
proposal will be required to comply with the City's minimum standards for roadway lighting,
The project is designed to include lighting shielding to prevent glare spreading onto adjacent
properties at either the ground or second stoI)' residential buildings, The project will be required
to comply with the light and glare regulations (Section 19,66,100) of the Chula Vista Municipal
Code (CYMC) , Compliance with these regulations will ensure that no significant glare, or light
would affect daytime or nighttime views to the adjacent and surrounding residential
neighborhood area.
Miti!!ation:
No mitigation measures are required,
II. AGRlCUL TURAL RESOURCES. Would the
project:
a) Convert Prime Fannland, Unique Farmland, or
Fannland of Statewide Importance (Fannland), as
shO'-'TI on the maps prepared pursuant to the Fannland
Mapping and Monitoring Program of the California
Resources Agency, to non-agricultural use?
o
o
o
III
b) Conflict with existing zoning for agricultural use, or
a Williamson Act contract?
o
o
o
II
c) Involve other changes in the existing environment,
which, due to their location or nature, could resu1t in
conversion of Farmland, to non-agricultural use?
o
o
o
III
2
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Comments:
a-c)The project site has been previously developed with an eXlstmg retail building, sit-down
restaurant and fast-food kiosk, The surrounding western and northern properties have been
partially developed with multifamily residential housing, These properties are 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 proposed project. .
Miti!!ation:
No mitigation measures are required.
m. AIR QUALITY. Would the project
a) Conflict with or obstruct implementation of the
applicable air quality plan?
D
D
D
II
b) Violate any air quality standard or contribute D D 0 I!II
substantially to an existing or projected air quality
violation?
c) Result in a cumulatively considerable net increase D 1.\1 D 0
of any criteria pollutant for which the project
region IS non-attainment under an applicable
federal or state ambient aIr quality standard
(including releasing emISSIons, which exceed
quantitative thresholds for ozone precursors)?
d) Expose sensitive receptors to substantial pollutant D III 0 0
concentrations?
e) Create objectionable odors affecting a substantial
number of people?
D
o
III
o
3
Issues:
Comments:
(a-e) See Mitigated Negative Declaration, Section E,
Miti!!ation:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
less Tha n
Significant
Impact
No
Impact
The mitigation measures contained in Section F of the Mitigated Negative DeclaratiQn 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, either directly or
through habitat modifications, on any species
identified as a candidate, sensitive, or special status
species in local or regional plans, policies, or
regulations, or by the California Department of Fish
and Game or U.S, Fish and Wildlife Service?
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 D,S, Fish and Wildlife Service?
c) Have a substantial adverse effect on federally
protected wetlands as defmed by Section 404 of the
Clean Water Act (including, but not limited to,
marsh, vernal pool, coastal, etc,) through direct
removal, filling, hydrological interruption, or other
means?
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife species
or with established native resident or migratory
wildlife corridors, or impede the use of native
wildlife nursery sites?
e) Conflict ,vith any local policies or ordinances
protecting biological resources,such as a tIee
4
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
III
II
1.1
II
II
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
1m pact
;\10
Impact
preservation policy or orclirumce?
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community
Conservation Plan, or other approved local,
regional, or state habitat conservation plan?
o
o
o
II
Comments:
a) No endangered or sensitive species, species of concern or species that are candidates for listing
are present within or immediately adjacent to the developed project area.
b) No locally riparian habitat or other natural sensitive communities are present within or
immediately adjacent to the developed project area,
c) No wetland habitat is present within or immediately adjacent to the developed project area,
d) No wildlife dispersal or migration corridors exist within or immediately adjacent to the developed
project area,
e) No impacts to local policies or ordinances protecting biological resources are anticipated with the
project development.
f) No impacts to regional habitat preservation planning efforts will be created, as the development
site is a designated development area in the adopted Chula Vista Multiple Species Conservation
Program Subarea Plan,
Mitieation:
No mitigation measures are required,
V. CULTURAL RESOURCES. Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource as defined in
State CEQA Guidelines 9 15064,5?
o
o
o
II
b) Cause a substantial adverse change in the
significance of an archaeological resource pursuant
o
o
o
II
5
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
1'0
Impact
to State CEQA Guidelines 9 15064.5?
c) Directly or indirectly destroy a unique
paleontological resource or site or unique geologic
feature?
o
o
o
II
d) Disturb any human remains, including those interred
outside offormal cemeteries?
o
o
o
II
Comments:
a) The proposal is a redevelopment infill project that does involve the demolition of one existing commercial
structure, Upon evaluation of the existing commercial structure and project site, it has been detennined that
the subject building is not historically significant. Tbe structure does not embody the distinctive
characteristics of any particular architectural style and/or is not a representative sample of the best of one
style of architecture, There is no evidence or record to indicate that the building or site meets any of the
criteria for consideration for the listing on the City of Chula Vista Historic Resource List. Therefore, the
project will not result in any impacts to a historical resource as defmed in Section 15064,5 is anticipated,
b) Due to previous site disturbance and minimal grading for the proposed project, the potential for significant
impacts or adverse changes to archaeological resources as defmed in Section 15064,5 is not anticipated,
c) Based on the level of previous disturbance to the site and relatively limited amount of additional grading
for the proposed project, no impacts to unique paleontological resources or unique geologic features are
anticipated,
d) No human remains are anticipated to be present within the impact area of the project site,
Mitigation:
No mitigation measures are required,
VI. GEOLOGY AND SOILS -- Would the project:
a) Expose people or structures to potential
substantial adverse effects, including the risk of
loss, injury or death involving:
1.
Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the State
o
o
o
II
6
e)
Issues:
Geologist for the area or based on other
substantial evidence of a known fault?
II.
Strong seismic ground shaking?
111.
Seismic-related
liquefaction?
including
ground
failure,
IV,
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, creating substantial
risks to life or property?
Have soils incapable of adequately supporting the
use of septic tanks or alternative wastewater
disposal systems where sewers are not available
for the disposal of wastewater?
Comments:
a-e) See Mitigated Negative Declaration, Section E,
Mitigation:
Potentially
Significant
Impact
o
o
o
o
o
o
o
Less Than
Significant
With
Mitigation
Incorporated
o
o
o
o
111
o
o
Less Than
Significant
Impact
o
o
o
II
o
II
o
No
Impact
II
III
III
o
o
o
IIIiI
The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate
potentially significant geological impacts to a level of less than significance.
7
Issues:
VII. 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?
b)
Create a significant hazard to the public or the
environment through reasonably foreseeable
upset and accident conditions involving the
release of hazardous materials into the
environment?
c)
Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or
proposed school?
d)
Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code section 65962,5 and, as a
result, would it create a significant hazard to the
public or the environment?
e)
For a project located within an airport land use
plan or, where such a plan has not been adopted,
within two miles of a public airport or public use
airport, would the project result in a safety hazard
for people residing or working in the project area?
f)
For a project within the vicinity of a private
airstrip, would the project result in a safety hazard
for people residing or working in the project area?
g)
Impair implementation of or physically interfere
with an adopted emergency response plan or
emergency evacuation plan?
h)
Expose people or structures to a significant risk of
loss, injury or death involving wildland fires,
8
Potentially
Significant
Impact
o
o
o
o
o
o
o
o
Less Than
Significant
With
Mitigation
[ncorporated
II
o
1.1
fJ,I
o
o
o
o
Less Than
Significant
Impact
o
II
o
o
o
o
III
o
No
Impact
o
o
o
o
II
II
o
II
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
:\tlitigation
Incorporated
Less Than
Significant
Impact
~o
Impact
including where wildlands are adjacent to
urbanized areas or where residences are
intermixed with wildlands?
Comments:
a, b, c and d) See Mitigated Negative Declaration, Section E (HazardslHazardous Materials),
e) The project is not located witllln an airport land use plan nor within two miles of a public airport or public
use airport; therefore, the project would not expose people residing or working in the project area to
adverse safety hazards.
f) The project is not located within the vicinity of a private airstrip; therefore, the project development would
not expose people working in the project area to adverse safety hazards,
g) The project is designed to meet the City's emergency response plan, route access and emergency
evacuation requirements, The proposed fire improvements include an emergency turning radius and fire
hydrants, No impairment or physical interference with the City's emergency response plan is anticipated,
h) The project is designed to meet the City's Fire Prevention building and fire service requirements, No
exposure of people or structures to a significant risk of loss, injwy or death due to wildfires is anticipated,
Mithration:
The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate
potentially significant Hazards/Hazardous Materials impacts to a level ofless than significance.
VITI. 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?
D
II
D
D
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
D
D
II
D
9
Issues:
level (e,g" the production rate of pre-existing nearby
wells would drop to a level which would not support
existing land uses or planned uses for which permits
have been granted)? Result in a potentially
significant adverse impact on groundwater quality?
c) Substantially alter the existing drainage pattern of the
site or area, including through the alteration of the
course of a stream or river, in a manner, which
would result in substantial erosion or siltation on- or
off-site?
d) Substantially alter the existing drainage 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
structures within a 100-year flood hazard area which
would impede or redirect flood flows?
e) Expose people or structures to a significant risk of
loss, injury or death involving flooding, including
flooding as a result of the failure ofa levee or dam?
I) Create or contribute runoff water, which would
exceed the capacity of existing or planned
stormwater drainage systems or provide substantia]
additional sources of polluted runoff?
Comments:
(a-I) See Mitigated Negative Declaration, Section E.
Mitigation:
Potentially
Significant
Impact
D
D
D
D
Less Than
Significant
With
Mitigation
Incorporated
D
D
D
D
Less Than
Significant
Impact
II
II
D
D
No
Impact
D
D
II
II
The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate
potentially significant HydrologyfWater Quality impacts to a level of less than significance,
10
Issues:
IX. LAND USE AND PLANNING. Would the
project:
a) Physically divide an established community?
b) Conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the
project (including, but not limited to the general
plan, specific plan, local coastal program, or zoning
ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
c) Conflict with any applicable habitat conservation
plan or natural community conservation plan?
11
Potentially
Significant
Impact
o
o
o
Less Than
Significant
With
Mitigation
Incorporated
o
o
o
Less Than
Significant
Impact
o
o
o
No
Impact
..
..
II
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Comments:
a) The project site is surrounded with multi-family residential and nearby commercial land uses, The
proposed commercial redevelopment infill project would be consistent with the character of the inunediate
surrounding residential and commercial areas and would not disrupt or divide an established community;
therefore, no significant land use impact would occur as a result of the project.
b) The project site is located within the CCP (Central CommerciallPrecise Plan) Zoning and CR
(Commercial Retail) updated General Plan land use designation, The project has been found to be.
consistent with the all-respective zoning regulations, General Plan guidelines and regulations; therefore; no
significant land use impacts are anticipated.
c) The project would not conflict with any applicable adopted environmental plans or policies. Furthermore,
the project would not encroach into or indirectly affect the MSCP Preserve area, The project site is
designated as development area in the MSCP Subarea Plan,
Mitie:ation:
No mitigation measures are required.
X. MJNERAL RESOURCES. Would the project:
a) 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
It
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
III
12
Issues:
Comments:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
~.o
Impact
Less Than
Significant
Impact
a) The project site has been previously disturbed with the existing commercial retail land uses, The proposed
project 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,
b) The State of California Department of Conservation has not designated the project site for meral resource
protection. Therefore, no impacts to mineral resources are anticipated as a: result of the proposed project.
Mitieation:
No mitigation measures are required,
XI. NOISE. Would the project result in:
a) Exposure of persons to or generation of noise levels
in excess of standards established in the local
genera] plan or noise ordinance, or applicable
standards of other agencies?
b) Exposure of persons to or generation of excessive
groundbome vibration or groundbome noise levels?
c) A substantial permanent increase in ambient noise
levels in the project vicinity above levels existing
without the project?
d) A substantial temporary or periodic increase in
ambient noise levels in the project vicinity above
levels existing without the project?
e) For a project located within an airport land use plan
or, where such a plan has not been adopted, within
two miles of a public airport or public use airport,
would the project expose people residing or working
in the project area to excessive noise levels?
f) For a project within the vicinity of a private airstrip,
would the project expose people residing or working
13
o
o
o
III
o
o
II
o
o
o
o
III
o
o
III
o
o
o
o
III
o
o
o
II
Issues:
in the project area to excessive noise levels?
Comments:
a-d) See Mitigated Negative Declaration, Section E,
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
l'io
Impact
e-f) The project is not located within an airport land use plan or within two iniles of a-imblic airport, nor is it
located within the vicinity of a private airstrip, Therefore, the project development would not expose
people residing or working in the project area to excessive noise levels,
Mitigation:
The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate
potentially significant Noise impacts to a level of less than significance,
XII. POPULATION AND HOUSING. Would the
project:
a) Induce substantial population growth in an area,
either directly (for example, by proposing new
homes and businesses) or indirectly (for example,
through extension of road or other infrastructure)?
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement
housing elsewhere?
c) Displace substantial numbers of people,
necessitating the construction of replacement
housing elsewhere?
1-1
o
o
o
o
o
o
o
o
o
21
l1li
iii
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
~o
Impact
Comments:
a-c) The proposed project involves demolition and replacement of the existing commercial retail and
restaurant businesses, The proposal does not involve residential housing and would not induce
population growth in the area or require substantial infrastructure improvements, No permanent
housing exists on the project site and no displacement of housing or people would occur as a result
of the proposal. Based on the size and nature of the proposal no impact to population or housing
would occur as a result of the project. ."
Miti!!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 times or
other performance objectives for any public services:
a, Fire protection? 0 0 II1II 0
b, Police protection? 0 0 II 0
c, Schools? 0 0 0 l1'li
d, Parks? 0 0 0 III
e, Other public facilities? 0 0 0 II1II
15
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
1"0
Impact
Comments:
a) Adequate fIre protection services and response times can continue to be provided to the site without an
increase of equipment or personnel. The applicant is required to comply with the Fire Department policies
for new building construction 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 fo~
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, the applicant would be
required to pay the statutory building pennit 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 infTastructure,
Mitigation: No mitigation measures are required,
XIV. RECREATION. Would the project:
a)
Increase the use of existing neighborhood and
regional parks or other recreational facilities such
that substantial physical deterioration of the facility
would occur or be accelerated?
D
D
D
II
b)
Does the project include recreational facilities or
require the construction or expansion of recreational
facilities, which have an adverse pliysical effect on
the environment?
D
D
D
l11li
16
Issues:
Comments:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
;0.;0
Impact
a) The proposed project would not increase the use of existing neighborhood and regional parks or other
recreational facilities such that substantial physical deterioration of the facility would occur, as it is a
commercial infill ~project and would not impact existing or proposed recreational facilities,
b) The project does not include the construction or expansion of recreational facilities, _ The project site is not
planned for any future parks and recreation facilities or programs. Therefore, the proposed project would
not have an adverse physical effect on the recreational environment.
Miti!!ation:
No mitigation measures are requITed.
XV. TRANSPORTATION / TRAFFIC. Would the
project:
a) Cause an increase in traffic, which is substantial in
relation to the existing traffic load and capacity of
the street system (i,e" result in a substantial increase
in either the number of vehicle trips, the volume to
capacity ratio on roads, or congestion at
intersections)?
b) Exceed, either individually or cumulatively, a level
of service standard established by the county
congestion management agency for designated roads
or highways?
c) Result in a change in air traffic patterns, including
either an increase in traffic levels or a change in
location that results in substantial safety risks?
d) Substantially increase hazards due to a design
feature (e,g" sharp curves or dangerous
intersections) or incompatible uses (e,g" farm
equipment)?
e) Result in inadequate emergency access?
17
o
o
o
o
o
o
o
o
o
o
1.1
o
o
IiII
III
o
Ii
II1II
o
o
Issues:
f) Result in inadequate parking capacity?
g) Conflict with adopted policies, plans, or programs
supporting alternative transportation (e,g" bus
turnouts, bicycle racks)?
Comments:
(a,b,d,e and f) See Mitigated Negative Declaration, Section E,
Less Than
Potentially Significant Less Than No
Significant With Significant
Impact Mitigation Impact Impact
Incorporated
0 0 0 !!ill
0 0 III 0
c) The proposal would not have any significant effect upon any air traffic patterns, including either an
increase in traffic levels or a change in location that results in substantial safety risks.
g) The proposal would not conflict with adopted transportation plans or alternative transportation
programs, The existing bus turnout, adjacent to the northerly driveway, has been redesigned in
accordance with City Transit and public transportation system standards along this portion of Third
Avenue,
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?
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 envirorunental effects?
c) Require or result in the construction of new storm
water drainage facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects?
18
o
o
o
III
o
o
III
o
o
o
1\1'1
o
Issues:
d) Have sufficient water supplies available to serve the
project from existing entitlements and resources, or
are new or expanded entitlements needed?
e) Result in a determination by the wastewater treatment
provider, which serves or may serve the project that it
has adequate capacity to serve the project's projected
demand in addition to the provider's existing
commitments?
f) Be served by a landfill 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?
19
Potentially
Significant
Impact
D
D
D
D
Less Than
Significant
With
Mitigation
Incorporated
D
D
D
D
Less Than
Significant
Impact
II1II
III
D
D
~.o
Impact
D
D
III
iii
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Comments:
a) The project site is located within an urbanized area of southwestern Chula Vista currently served by
necessary utilities and service systems. According to the Engineering Department, no exceedance of
wastewater requirements of the Regional Water Quality Control Board would result from the proposed
project.
b) According to Sweetwater Authority correspondence dated November 22,2005, an existing 18-inch water
main is located on the east side of Third A venue, and a 12-inch water main located on the north side of
Moss Street. The Authority records indicate there are three existing domestic water services, three public
fire hydrants, and two private fire services to the project site. One of the public fire hydrants and fire
services is located on private property within the Authority easement.
The proposed improvements include the abandonment of a fire hydrant and main within that easement. If
the owner provides to the Authority written authorization from the Chula Vista Fire Department (CVFD)
that the hydrant can be abandoned, the Authority does not object to the abandonment of this
hydrant/main. Additional proposed improvements include new fire hydrants, service lines, installation of
fire sprinkler riser room, knox box and check valves on any individual fire protection systems. The
authority requires any new water services installed serving the proposed project will require the
installation of backflow prevention assemblies including a Double Check Detector Check Backflow
Assembly on any new fire protection system. As the water facility improvements are designed in
accordance with water authority standards and conditioned to meet all water quality requirements, no
significant impacts to utility service facility systems will occur as a result of the proposed project.
c) The proposed project is subject to the NFDES General Construction Permit requirements and shall obtain
permit coverage and develop a Storm Water Pollution Prevention Plan (SWPPP) prior to the issuance of
grading permits. 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. See
Mitigated Negative Declaration, Section E. Refer to the Hydrology and Water Quality Section addressing
existing and proposed storm water facilities.
d) The project site is within the potable water service area of the Sweetwater District. Pursuant to
correspondence from the Sweetwater Authority, the project may be serviced from the existing water
mains along Third A venue and Moss Street and the applicant will need to install a service main to service
this site. The applicant will be required to install expansions to existing water facilities in compliance
with the Sweetwater Authority standards as described in Section b above.
e) See XVI.a. and b.
f) The City of Chula Vista is served by regional landfills with adequate capacity to meet the solid waste
needs ofthe region in accordance with State law.
g) The proposal would be conditioned to comply with federal, state and local regulations related to solid
waste.
Mitigation: See Section E of the Mitigated Negative Declaration; refer to the Hydrology and Water Quality
Section. The mitigation measures contained in Section F of the Mitigated Negative Declaration would
mitigate identified storm water/storm drainage and water quality impacts to a level of less than significance.
20
Issues:
XVII. THRESHOLDS
Will the proposal adversely impact the City's
Threshold Standards?
A) Library
The City shall construct 60,000 gross square feet
(OSF) of additional library space, over the June 30,
2000 OSF 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 OSF per 1,000 population. Library
facilities are to be adequately equipped and staffed.
B)Police
a) Emergency Response: Properly equipped and staffed
police units shall respond to 81 percent of "Priority One"
emergency calls within seven (7) minutes and maintain
an average response time to all "Priority One"
emergency calls of 5.5 minutes or less.
b) Respond to 57 percent of ''Priority Two" urgent calls
within seven (7) minutes and maintain an average
response time to all "Priority Two" calls of 7.5 minutes
or less.
C) Fire and Emergencv Medical
Emergency response: Properly equipped and staffed fIre
and medical units shall respond to calls throughout the City
within 7 minutes in 80% of the cases (measured annually).
D) Traffic
The Threshold Standards require that all intersections must
operate at a Level of Service (LOS) "C" or better, with the
exception that Level of Service (LOS) "D" may occur
during the peak two hours of the day at signalized
intersections. Signalized intersections west ofI-805 are not
to operate at a LOS below their 1991 LOS. No intersection
may reach LOS "E" or "F" during the average weekday
peak hour. Intersections of arterials with freeway ramps
are exempted from this Standard.
21
Potentially
Significant
Impact
D
D
D
D
Less Than
Significant
With
Mitigation
Incorporated
D
D
D
D
Less Than
Significant
Impact
D
D
D
D
:'>10
Impact
III
II1II
II1II
II
Less Than
Potentially Significant Less Than No
Issues: Significant With Significant
Impact Mitigation Impact Impact
Incorporated
E) Parks and Recreation Areas D D D ill
-
The Threshold Standard for Parks and Recreation is 3
acres of neighborhood and community parkland with
appropriate facilities/I,OOO population east ofI-805.
F) Drainage D D III D
The Threshold Standards require that storm water flows
and volumes not exceed City Engineering Standards.
Individual projects will provide necessary improvements
consistent with the Drainage Master Plan(s) and City
Engineering Standards.
G) Sewer
D
D
III
D
The Threshold Standards require that sewage flows and
volumes not exceed City Engineering Standards.
Individual projects will provide necessary improvements
consistent with Sewer Master Planes) and City Engineering
Standards.
H) Water
D
D
iii
D
The Threshold Standards require that adequate storage,
treatment, and transmission facilities are constructed
concurrently with planned growth and that water quality
standards are not jeopardized during growth and
construction.
Applicants may also be required to participate in whatever
water conservation or fee offset program the City of Chula
Vista has in effect at the time of building permit issuance.
22
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Comments:
a) The project would not induce substantial population growth; therefore, no impacts to library facilities would
result. No adverse impact to the City's Library Threshold standards would occur as a result of the proposed
project.
b) According to the Police Department, adequate police protection service~ can contiIxue to be provided upon
completion of the proposed project. The proposed project would not have a significant effect upon or result in a
need for substantial new or altered police protection services. No adverse impact to the City's Police Threshold
standards would occur as a result of the proposed proj ect.
c) According to the Fire Department, adequate fire protection and emergency medical services can continue to be
provided to the project site. Although the Fire Department has indicated they will provide service to the projec~
the project will contribute to the incremental increase in fire service demand throughout the City. This increased
demand on fire services will not result in a significant cumulative impact. No adverse impact to the City's Fire
and Emergency Medical Threshold standards would occur as a result of the proposed project.
d) See Mitigated Negative Declaration, Section E; refer to the Transportation/Circulation Section addressing project
generated traffic conditions. Based upon the review of the proposed project design and traffic study no adverse
impacts to the City's Traffic Threshold standards would occur as a result of the proposed project.
e) The proposed project would not induce significant population growth, as it is a commercial infill project located
west ofI-805 and would not impact existing or proposed recreational facilities. No adverse impacts to the City's
recreational threshold standards will occur as a result of the proposed project.
f) See Mitigation Declaration, Section E. Based upon the review of the project and preliminary hydrology study,
the Engineering Department has detennined that there are no significant issues regarding the proposed drainage
improvements of the project site. The proposed drain system includes improvements to existing drainage system,
installation of new stann drain, filtration and treatment units, brow ditch, a series of inlets and piping, private
catch basins, culverts and cleanouts. No adverse impacts to the City's drainage threshold standards will occur as a
result of the proposed project.
g) The project site is within the botmdaries of the City of Chula Vista wastewater services area. The existing area
sewer facility system includes sewer lines along Moss A venue and Third Street. There are currently 8" PVC
sewer mains along Moss Street and Third Avenue. Sewer lateral extensions into the proposed project site are
proposed to service the various lots. The applicant shall be required to submit a final sewer plan to the
satisfaction of the City Engineer. The applicant is required to grant an easement to the City of Chula Vista
wastewater services for the purpose of maintenance of the proposed sewer lines. No adverse impacts to the
Ci1y's sewer system or Ci1y's sewer threshold standards will occur as a result of the proposed project.
h) The project site is within the potable water service area of the Sweetwater District. Pursuant to correspondence
ITom the Sweetwater Authority, the project may be serviced from the existing water mains along Third Avenue
and Moss Street in addition to proposed new service systems designed in accordance with Sweetwater Authority
standards and required City conditions of the project. No significant impacts to existing facility systems or the
City's water threshold standards will occur as a result of the proposed project.
Mitigation: No mitigation measures are required.
0'
d
Issues:
XVIII. MANDATORY FINDINGS OF
SIGNIFICANCE
a) Does the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining
levels, threaten to elirninate a plant or animal
community, reduce the number or restrict the range
of a rare or endangered plant or animal or eliminate
important examples of the major periods of
California history or prehistory?
b) Does the project have impacts that are individually
limited, but cumulatively considerable?
("Cumulatively considerable" means that the
incremental effects of a project are considerable
when viewed in connection with the effects of past
projects, the effects of other current project, and the
effects of probable future projects.)
c) Does the project have environmental effects, which
will cause substantial adverse effects on human
beings, either directly or indirectly?
Comments:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
No
Impact
Less Than
Significant
Impact
D
D
D
III
D
D
IiiII
D
D
D
D
l1.li
a) The project site is currently developed and located in an established urbanized area within the designated
development area of the adopted Chula Vista MSCP Subarea Plan. No biological resource impacts or
potential historic resources associated with the proposed project have been identified.
b) The project site has been previously disturbed with similar commercial retail land use and site improvements.
As described in the Mitigated Negative J)eclaration, significant direct project irnpacts would be mitigated
to below a level of significance through the required mitigation measures. When the proposed project is
considered in connection with the effects of past projects, other current projects, and probable future
projects, no cumulative considerable impacts have been identified and none are contemplated.
c) See Mitigated Negative Declaration, Section E. Potential impacts to humans, either directly or indirectly,
associated with the short-term air quality impacts, hydrology/water quality, hazardlhazardous materials,
and noise have been mitigated to lessen any substantial adverse impacts to a level ofless than significance.
Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate
potentially significant impacts to a level ofless than significance.
24
XIX. PROJECT REVISIONS OR MITIGATION MEASURES:
Project mitigation measures are contained in Section F, Mitigation Necessary to Avoid Significant
Impacts, and Table 1, Mitigation Monitoring and Reporting Program, of Mitigated Negative Declaration
IS-06-007.
XX. AGREEMENT TO IMPLEMENT MITIGATION MEASURES
By signing the line(s) provided below, the Applicant and/or Operator stipulate that they have each read,
understood and have their respective company's authority to and do agree to the mitigation measures
contained in Mitigated Negative Declaration (IS-06-007), and will implement same to the satisfaction of
the Environrnental Review Coordinator. Failure to sign below prior to posting of this Mitigated
Negative Declaration with the County Clerk shall indicate the Applicant and/or Operator's desire that
the Project be held in abeyance without approval and that the Applicant and/or Operator shall apply for
an Environmental Impact Report.
l-eo~y ~ . ;fP~
Printed Name and Title z;;. Applicant
(or authorized represe
/1-/04'
Date
N/A
Printed Name and Title of Operator
(if different from Applicant)
N/A
Signature of Operator
(if different from Applicant)
Date
y
-::>
XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at
least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated,"
as indicated by the checklist on the previous pages.
III Geology/Soils
o T ransportation/T raffi c
OBiological Resources
o Energ y and Mineral
Resources
o Public Servic es
D Land Use and Planning
D Populat ion and Housing
D Utili ties and Service Systerns
D Aesthet ics
D Agricultural Resources
I Hydrology/Water
lIHazards and Hazardous
Materials
o Cuhur al Resources
IIiII Air Quality
D Paleon tological
Resources
II Noise
D Recr eation
o Mandatory Findings of Significance
26
XXII. DETER1\1INATION:
On the basis of this initial evaluation:
I find that the proposed project could not have a significant effect on the
environment, and a Negative Declaration will be prepared.
I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because revisions in
the project have been made or agreed to by the project proponent. A Mitigated
Negative Declaration will be prepared.
I find that the proposed project may have a significant effect on the environment,
and an Environmental Impact Report is required.
I find that the proposed project may have a "potentially significant impact" or
"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 Report is
required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the
environment, 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 or mitigated pursuant to that earlier EIR or Negative
Declaration, including revisions or mitigation measures that are imposed upon the
proposed project, nothing further is required.
1/ / r~ ~
~
J :\Planning\MARlA \Initial Study\Home Depot\IS-06-007 drai'tchecklistdoc
27
D
III
D
D
D
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C. \" ['L\~f\ l:'iG &. IH t 1.lJ I:--.:C
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iff!5
01V Of
0tU1A VISTA
Planning 3< Blllldlnc Department
PI.nning Oivhinn I Developrnl!nt Procening
APPUCA'T1ON APPENDIX B
DtscIosurv Statement
Pursvant to Council Pdk:y 101-01. prier to My adIon upon III8IEeI!\ ... wtI reqIR diIIo:o dona'y acIIan II'( lINt Co\.rICtI,
~ Comtn\s$lon aM al oIhar oIIIdaI bodiu at "" Oty, a _t of dIac!osute of ~In II............,,'P II' ftn&ncial
___. paymenIa, Of CIIII~ contribuIIans far a CIty of 0IuIa VIola ~ mu8I be filed. The ~ .,II..",alim
_be <bcI1IOIIICI;
1.
Us! \he n_ of 81 pe!1OI'IIo baYIng a 1InanclaI1nteru1 in tI1a property that Is U1e t\ItIject of 1M appIicatim or !tie
cot1IIad, e.g.. owner. aj)pIIcaIlt. cantm:tor.IM.Iboon_. mlltemlllUPPJer.
Owner: Sail Di080 lfa;tt A.<Jo<:iate.
Tcna~tt Henle ~t U.S..A. "tnc-.
2.
If any pI11m' idenlllled pu"IIU8f\t 10 (1) "bow In 00fp0I'atien or parIr1enIhip,liot 1be nama of aD indMdu;la with
a $2000 inVO$"lmentIn u... -"- (~) ontity.
3.
~erf 'SOM 'HIIM8n1ant" t.LC - Myron Dic1;:Af'1III1n..: M~T\IIRe1:'
Tenant::B9IIe DeDoe is a publicly tr&4ed ,,"a_anv and thia information
....J.1l...1MI.t ;telldtb Ay.1~ahllo
II any pctIIQI\'ldim1IIIed purII\IIII1I to (1) abcMt Is a ncn-pn:III orgaI'ItraIion or !nisi, IbllIhe n.- of any ptIf$On
seN!ng 11$ dIrec!ut d\he ~dorg3l1lza!!QII or aalNsl8e III" beneIIc!ely ortnJ$!Qr of !he InJst.
NIl.
4.
PI.". kleII1Y every S)III'ICIn.1nduding "''1 a;en~, employees, consuII8nts. or ~ cantnl";!or!; 1'00 I!ave
auOgO'ledIo ,"pr' .em 1'00 I:\efoI'e U1e City in this mllller.
John Zhbanh
Zieharth ...~1Ar..
Georq. Rav
Real Batate Manaaer
John HaIlllell
Bnti. U.C
!
HIUI l1li1 po1$OII' ___ will> II*' cmtrad had any ftll1ll'1Clal1l1 It lilt> wiIh en of\IcieI"" of the CIty '" ChUa
\'tista as Jt ",1aIes to t/IfIII CDI1I/8Ct wlltlln Ihe put 12 mcndle. V__ NO X
~ .-
6.
If YIIS, bdefty diIacIIIIe 1be nalLnl of !tie fNnciaIlnIofesIU1e oIIk:IaI'" may """" In !his canInId.
6. Haw,.,.. madIt a conIribuIIDn '" men \I1en $2SO within ht put ...... (12) monh to a ~ """""'" '" ht
ChuIa VIola CiIy CoI.n;:iI'? No.!- Yes _If)'l8, .-hIch Coum:iI ",.".,...,
276 Fourth A.~mul! I Chul. Vi~la I c.difot"d~ I 9 t 91 0
16191691-5101
A.rr-4c H he IV I <:1
~I!?-
-~-
~ -
P I ann
n g
& Building
Plannin~g Division
Department
Development Processing
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 officialH of the City of Chula Vista in the
past twelve (12) months? (This includes being a source of income, money to retire a le~al debt, gift. loan, BtC.)
Yes No~ .
If Yes, which official*" and what was the nature of item provided?
Date:
119 ! II k::
,
HOME DEPOT U.S.A., INC.
. v , off
tor-Legal
Home Depot U.S.A., Inc.
type name of Contractor/Applicant
Print or
Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other
political subdivision, -or any other group or combination acting as a unit.
Official inciudes, but is not limited to: Mayor, Council"member, Planning Commissioner, Member of a board,
commission, or committee of the City, employee, or staff members.
1'{j Fuurth Av(:nuc
Chul" '/isla
CJI ifurniJ
91910
'ij i Si) G ~ -): 0 I
Page 1 of I
Maria Muett
From: THERESA ACERRO [thacerro@yahoo.com]
Sent: Monday, December 25, 2006 8:28 PM
To: Maria Muett; Steve Power; Jim Sandoval; Tony
Cc: Steve Castaneda; Cheryl Cox; John McCann; Rudy Ramirez; Jerry Rindone
Subject: Home Depot Air Quality report
Look at page 14 in the Air Report: "Because the project will include retail and restaurant uses,
Project-related traffic was assumed to be comprised of a mixture of vehicle in accordance with
the EMF AC20,0,2 model outputs for traffic. This assumption includes light duty autos and light
- duty trucks as well as medium and heavy duty vehicles that may be traveling to the facility to
make deliveries or as business customers with larger vehicles." Obviously this is why their
figures seem so low. They ran the model based upon the wrong assumptions for vehicle traffic.
The project obviously does not include retail and restaurant and their assumption makes no sense
for a HD. As I said in previous comments 8,350. ADT's for the restaurant and the K-Mart makes
absolutely no sense either. The restaurant was converting to a Chinese restaurant that would have
ADT of 89/1,0.0.0. sqft or 943.4 ADT plus K-Mart's measured 4,870. or a total of5,813.4 if the
restaurant ever opened. This is no where near 8,350. claimed in report and less than the
underestimated total for HD of 6,0.20.. 7,740. is more likely figure for HD, since 60. ADT is what
El Cajon store has. The H Street store is not a very busy store, and traffic was measured week
before Thanksgiving in middle of the week-not their prime time. Home depot admits to 30. of
their own trucks a day plus contractor and vendor trucks. This is figure that needs to be used.
Do You Yahoo!?
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0.2/23/20.0.7
Ir rrA--CA..1 W\..4-~ ( l C)
p:..>.g,UL u{rL5(J?1J{)e,IJC0
Page 1 of 1
Maria Muett
From: THERESA ACERRO [thacerro@yahoo.com]
Sent: Monday, December 25,200611:30 AM
To: Maria Muett; Steve Power; Jim Sandoval
Cc: Steve Castaneda; Cheryl Cox; John McCann; Rudy Ramirez; Jerry Rindone
Subject: a few more things noise report and MND need to address
Having reviewed the Noise Report again and reread the staff letter to the applicant dated
3/15/06 I realize that there are a few more flaws in the report. The staff letter states: "Discuss any
potential noise impacts to the nearby multi-family second story residential dwellings. The
. acoustical analysis shall demonstrate that second-and-third floor interior (my emphasis) noise
levels due to exterior noise sources would be below the 45 CNEL standard." The noise report
does not mention interior noise levels at all. It concerns itself with exterior only. This is a glaring
oversight. Considering that the 15- foot noise wall will only get exterior noise upstairs down to
59 decibels (page 10), it seems unlikely this standard is met.
It is troubling the way they shop around for information using 70 decibels at 50 feet
(page 7) from Mount Carmel Ranch for proposed El Cajon store, which is questionable data
because there is an El Cajon store that would have been more similar and provided more accurate
data for that report, but using octave band from Torrance. The Mount Carmel study modeled for
receptors that were at 155 feet away according to the Appendix. The Moss Villas has receptors at
less than 30 feet unless all the trucks and equipment are confined to the 15 feet next to the west
wall of the building at all times. This seems unlikely to me. The new wall is only 20 feet from
the east side of some of the condos. The driveway appears to be 45 feet wide that leaves 15 feet
for the trucks, forklifts and lumber to maneuver in if they are going to stay 50 feet away from the
condos, whose private space includes the 4 and a half feet from their east wall to the concrete
wall. How wide is a semi-truck?
Another quote: "Short-term construction noise impacts to nearby sensitive noise
receptors (the surrounding multifamily residential units) must be identified and included in the
noise analysis Pursuant to Section 17.24.050(1) of the Chula Vista Municipal Code" JhetejsJ1Q
mentionjnJbe noj~_e.report of cQ)1sJrncti.on noi~e at all. There is also the exclusion of the
sensitive receptors at Bayview Behavioral Center from the list of those who must be considered.
This could be very significant since there will be no noise walls and 32 trucks a day plus heavy
equipment will be in operation for 8 or more hours per day for six days per week for 34 weeks. (I
am assuming our Municipal Code regulates the amount of noise allowed during the day in
construction zones, not just forbidding it at night. I would also argue that there is nothing short-
term about 34 weeks.)
Theresa Acerro 3730 Festival Court
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02/23/2007
Page I of I
Maria Muett
From: THERESA ACERRO [thacerro@yahoo.com]
Sent: Wednesday, December 27,20066:27 PM
To: Marla Muett; Steve Power; Jim Sandoval
Cc: Tony; Steve Castaneda; Cheryl Cox; John McCann; Rudy Ramirez; Jerry Rindone
Subject: noise ordinance, status of condominiums
The Noise ordinance says all residential except multifamily has a day maximum of 55 and a
night of 45. It seems quite unfair that multifamily has been singled out for 60 and 50 and a bit
confusing. The Marasella villas proposed for Ada are called attached single family dwelling units
-in the MND. They are townhomes or condos. Which category would they fall in?
What besides single family detached homes is the ordinance refering to when it says all
residential? I believe that condos are single family attached homes, because each family owns its
own seperate unit. They should be considered in the all residential category, not the multifamily
exception. Marsella villas are now R2, but Moss Villas are R3, but they are not apartments they
are single family attached dwellings. Calling them multifamily implies they are apartments,
which they are not. They should fall under the stricter standard.
If the council i~Jhe body that has the final say on the
interp.ceJation of ordina.I1.ces I woqld request that they clarif)'
this issue in favox of condQminium resJdel1.ts... wh.!td!LnQt live
in multifamily_buildings, but single family attached homes.
Multifamily is mea.nt tQ.Jlescribe_llpartments.
Theresa Acerro
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02/23/2007
Richard Zumwalt
From:
Sent:
To:
Cc:
Subject:
Rosemarie Rice
Tuesday, January 02, 2007 8:07 AM
Richard Zumwait
Luis Hernandez
FW: Planning & Building Contact Form
-----Original Message-----
From: baccv@aol.com [mailto:baccv@aol.com]
Sent: Sunday, December 31, 2006 10:57 AM
To: Current Planning
Subject: Planning & Building Contact Form
The following information has been received:
Division: Planning Commission
First Name: Bettie
Last Name: Lupi
Email: baccv@aol.com
Message: The proposal to locate the Home Depot positioned parallel to the
alley & facing apartments for the old Kmart loaction on Third Ave. is not
environmentally sound.
When creatijng these plans, especially ones with long term mpact, we need
to be proactive. We need to consider what we are negetively causing &
make those changes while in the planning stages. NOT AFTER THE FACT.
Please reconsider all the issues involved & make educated choices to keep
to a minimum the problems that will arise if current plans go forth.
Maria Muett
From:
Sent:
To:
Subject:
Richard Zumwalt
Monday, January 22, 2007 10:53 AM
Luis Hernandez; Steve Power; Maria Muett
FW: City Attorney's Office Contact Form
fyi
-----Original Message-----
From: Diana Vargas
Sent: Monday, January 22, 2007 9:32 AM
To: CityAttorney
Cc: Richard Zumwalt
Subject: RE: Ci,ty Attorney's Office Contact Form
Yes; I'll forward it to Rich Zumwalt.
-----Original Message-----
From: Cheryl Ponds On Behalf Of CityAttorney
Sent: Monday, January 22, 2007 8:56 AM
To: Diana Vargas
Subject: FW: City Attorney's Office Contact Form
Importance: High
Diane is this something your department handles? If not let me know who I should refer
this to?
-----Original Message-----
From: thacerro@yahoo.com [rnailto:thacerro@yahoo.com]
Sent: Saturday, January 20, 2007 7:09 PM
To: CityAttorney
Subject: City Attorney's Office Contact Form
The following information has been received:
First Name: Theresa
Last Name: Acerro
Email: thacerro@yahoo.com
Message: Has your office looked at the MND for the Home Depot proposed for
Third and Moss? we are in the process of requesting an EIR due to the
inadequacy of the MND in mitigating or even evaluating all the negative
and cumulative effects of the project. This is a preliminary letter. Our
lawyer is drafting another.
1/22/07
Dear Chairman Jose Alberdi and Committee Members: Jeremy Hogan, Jeff
Justus, David Bringas, and Yolanda Calvo:
Our Request
The Southwest Chula Vista Civic Association was formed to provide a
structured association for the residents, property owners, and business
owners of the underrepresented Southwestern region of Chula Vista, to
participate in the preservation, planning, development and protection of
the unique character of the area through community education and group
action. In response to the 250 signatures of residents on petitions asking
the city to require Home Depot to redesign and/or relocate their building
planned for Moss and Third in order to keep trucks and loading/unloading
activities as far away from residents hom2s and Mess Street as possible,
the S\~CVC.;' is asking that you rH~cmmend t~at the MND submitted for the
project not be approved. We further request that you ask Home Depot to
seriously consider alternative designs, including those used at other Horne
Depots and return at a latter date with a design that will reduce
significantly more the impact of their operations upon the residents of
the southwestern community.
Air Quality Impacts
The Voice of San Diego article published on 1/2/07 shows that the 91911
zip code has 30,287 lbs. of toxic pollution in the air (7th highest in the
county) while the county's average is only 7,975. It also has 3.1 million
Ibs. of criteria pollution in the air (3rd highest in the county) while
the county's average is 38,240 Ibs. This data coupled with the 20% higher
asthma hospitalization rate in this zip code makes it imperative that
cumulative impacts be analyzed. It is a scientific fact that 70% of all
cancer caused by toxic air contaminants can be traced to diesel exhaust.
Long term exposure to diesel exhaust is associated with a 40% increase in
lung cancer. This makes it critical that the Air Quality and Health Risk
Assessments be based upon the maximum number of trucks per week rather
than an average, which underestimates the impacts. It also means that the
thresholds should be lower in the 91911 zip code. CEQUA requires an
analysis of anything that might be an impact. Using an average does not do
this. The Health Risk Assessment specifically requires an analysis of the
greatest possible impact, not an average. Also the HRA does not evaluate
benzene and other toxic chemicals in diesel exhaust at all. The HRA also
uses a 70- year cancer risk assuming that risk will go down over the
years. This is faulty procedure. The HRA should be based upon worse case
2008. The existing report underestimates the risks by making assumptions
that mayor may not occur in the future. This is clearly not allowed by
CEQUA the analysis needs to be based upon what is currently occurring now.
This means diesel idling must be part of the risks, since the 5 minute law
is commonly violated, unless a monitor will be present at all times when
trucks are on site observing and enforcing the law it must be assumed that
especially in hot or cold weather the engines will not be turned off while
waiting or loading and unloading. Observations are sufficient proof that
this is the reality of the current situation.
Cumulative Effects:
Section 15065. says Mandatory Findings of Significance must be found when
4) The environmental effects of a project will cause substantial adverse
effects on human beings, either directly or indirectly. The negative
effects found in the Air and Noise Technical studies do flnd substantial
effects on human beings when they are viewed cumulatively with existing
air pollution standard non-compliance in Chula Vista. **454 The trial
court found that Guidelines section 15064(i) (3) contravenes CEQA case law,
which holds that a project can have significant cumulative impacts even
though the project complies with thresholds of significance in an approved
plan or mitigation program. [FN41] There is no contravention, however, if
Guidelines section 15064(i) (3) incorporates the fair argument standard;
rather, the principle enunciated in these cases provides the legal basis
for a fair argument that a project has significant cumulative impacts
notwithstanding that it complies with an approved plan or mitigation
program. FN41. See City of Antioch v. City Council (1986) 187 Cal.App.3d
1325, FN41. See City of Antioch v. City Council (1986) 187 Cal.App.3d
1325, 1332-1338, 232 Cal.Rptr. 507; see also Kings County Farm Bureau v.
City of Hanford (1990) 221 Cal.App.3d 692, 716-717, 270 Cal.Rptr. 650
(Kings County ). Staff response to comments on the MND consistently relies
upon minimal attainment of thresholds. CEQUA case law clearly does not
find thresholds to be definitive when there is substantial additional
evidence as the article in Voice of San Diego and expert testimony by EHC'
s expert have provided.
Noise
The SWCVCA also finds it troubling that the noise report was only able to
get the noise down to 59 decibels wi h a fifteen foot sound absorbing
;,'I'all, admittinq it. could not rea.ch t e single family threshold 0: 55. The
SWCCVA has extreme doubts that al~ 0 the lumber, forklifts and trucks a~p
2
going to be confined to the 15 feet of space next to the west wall of the
building at all times in order to maintain the required distance of 50
feet. In fact,the response to a comment to that effect states that "A
semi-truck is 8 feet wide, the unloading occurs from both sides of the
truck, one side directly into the sales building, the other side staged
along the building for placement after the truck leaves. 50 feet in the
diagram is the middle of the truck. This verifies that ~alf of the noise
source will be less than 50 feet from the nearest residents and therefore
not meet the threshold, but the significant evidence presented documenting
the negative effects of even low-level noise upon human health is a fair
argument showing an adverse effect in spite of the threshold.
("Substantial evidence" means "enough relevant information and reasonable
inferences from this information that a fair argument can be made to
support a conclusion, even though other conclusions might also be
reached." (Guidelines, S 15384, subd. (a).) Substantial evidence "shall
include facts, reasonable assumptions predicated upon facts, and expert
opinion supported by facts." (Guidelines, & 15384, subd.1 CEQUA law has
validated that thresholds are not definitive. If all the cumulative
impacts of lower level noise coupled with the 15 hours when they will be
permitted of 7AM to 10PM are considered this is not only a nuisance, but
also a negative impact upon people's health. "Even chronic, low-level
traffic noise at 50 - 60 dB can adversely affect children. It can cause a
rise in blood pressure, heart rate, and stress hormones. In addition, it
also reduces task motivation and learning. Elevations of stress hormones
are linked to the adult illnesses of "high blood pressure, elevated lipids
and cholesterol, heart disease and a reduction in the body's supply of
disease-fighting immune cells." (Source:
http://www.newscientist.com/news/ - Ithaca, NY, 5/22/2001. Noise: A Health
Problem.. This 1978 document "... is a somewhat dated but still very
helpful EPA document about noise and health." Article Online Source: Noise
Pollution Clearing House
The MND does not deal with this cumulative impact. Noise has not been
adequately mitigated. (A threshold of significance may be useful to
determine whether an environmental impact normally should be considered
significant. (Guidelines, & 15064.7, subd. (al.) [xii] A threshold of
significance is not conclusive, however, and does not relieve a public
agency of the duty to consider the evidence under the fair argument
standard. {Protect the Historic Amador Waterways v. Amador Water Agency
(2004 I 116 Cal.App.4th 1099, 1108-1109; Communities for a Better
Environment v. California Resources Agency (2002) 103 Cal.App.4th 98,
110-114; see Guidelines, & 15064, subd. (b). [xiii] I A public agency
cannot apply a threshold of significance or regulatory standard "in a way
that forecloses the consideration of any other substantial evidence
showing there may be a significant effect." (Communities for a Better
Environment, supra, at p. 114.) This is exactly what the staff has done in
their response to comments.
There is also no analysis of the impact of the noise from 115 (average)
per week trucks on the patients and residents in the hospital and
apartments they will pass if the current plan is adopted. This is not done
because the ambient noise is calculated to be 61 decibels due to 500 peak
hour trips daily on Moss. The traffic study never shows anywhere near this
number of vehicles on Moss at any time of the day or night; ergo this
needs to be analyzed in the EIR.
Health Impacts:
A full EIR is needed or a significant redesign of the building and its
placement in order to avoid these significant impacts. Health Impacts are
a CEQUA item that needs analysis. Air Quality and Noise have already been
mentioned. In the Health Impacts section of an ErR the safety record of
Home Depot also needs to be evaluated as well as the toxic substances they
store in huge quantities and the health risks they pose to close by
residents, customers and employees. A casual search on the Internet brings
up many incidents throughout the country where there have been mishandles
toxic substances. There is also th~ issue of employee and customer safety,
fires and storage and handling of ~~=ardous materials:
"'":'he ne;-::',~ time :-:Ierne Depot k"ocks ();1 vour neiqhborhocd's dODT, as:.;: loc:al
3
fire officials to get a complete inventory of the hazardous materials
stored inside the store, and a print out of any incidents nationwide at
the store that involved the release of toxic materials. Be sure your local
fire chief has asked for copies of the National Fire Prevention
Association (NFPA) reports on the Home Depot fires in Tempe, AZ, and
Quincy, MA. Ask the company to provide a report of the garden center fire
at Signal Hill, CA. Local homeowners have a right to knvw the risks
involved in living near a warehouse full of chemicals, solvents, paints
and pesticides." 2006-05-31 - Elk River, MN. Another Home Depot Catches
Fire, 2006-07-03 - College Park, MD. Fires Plague Home Depot, 2005-08-02
- Los Angeles, CA. Home Depot Gets Subpoena On Hazardous Waste
http://www.sprawl-busters.com/search.php?readstory~405
How Horne Depot keeps store accidents secret - Atlanta Business
When Home Depot provides attorneys with information about the frequency
and severity of accidents in its stores, it demands they sign
confidentiality
..www.bizjournals.com/atlanta/stories/2003/02/24/story4.html - 68k -
Cached - Similar pages
Accidents claim lives of Home Depot shoppers - Atlanta Business ...
Accidents claim lives of Home Depot shoppers, ... No comprehensive list of
customers who have been killed or seriously injured in Horne Depot stores
is ...www.bizjournals.com/atlanta/stories/2003/02/24/story2.html - 71k -
Jan 5, 2007
In 2001 because of several deaths in Home Depots they hired Safety
Managers for all their stores and instituted safety-training programs for
all employees. Now profits are down so: 2006-03-19 Atlanta, GA. Horne Depot
Cuts Its Safety Managers Nationwide. This is a concern that SWCVCA has,
since these managers provided safety training and watched out for customer
safety.
Police Services
The impact upon our police department that consistently has been unable
to meet their threshold response time for non~emergency calls was also not
evaluated~in the MND and is a serious impact that needs to be evaluated.
The expected increase in calls of 193 more than K-Mart's 2005 129 is only
going to make the situation worse and violates the city's Growth
Management Ordinance, which forbids development that is likely to worsen a
non-attainment of a threshold. The MND suggests that people should call in
noise complaints and complaints about the day laborers. S~aff's response
to comments about noise and day laborer impacts is that city loitering and
nuisance noise ordinances cover these matters, essentially acknowledging
that there will be negative impacts in this area and brushing them off as
a police matter, not requiring CEQUA review. The SWCVCA believes this
conclusion confirms a further burden upon the police caused by the project
and again requests a full EIR for this project or a significant redesign
to mitigate expected cumulative impacts. ("There is 'a low threshold
requirement for preparation of an EIR' (No Oil, Inc. v. City of Los
Angeles (1974) 13 Ca1.3d 68, 84 [ll8 Cal.Rptr. 34, 529 P.2d 66]), and a
'preference for resolving doubts in favor of environmental review' (Sierra
Club v. County of Sonoma (1992) 6 Cal.App.4th 1307, 1316-1317 [8
Cal.Rptr.2d 473J). An EIR must be prepared 'whenever it can be fairly
argued on the basis of substantial evidence that the project may have
significant environmental impact' (No Oil, Inc., supra, at p. 75, [118
Cal.Rptr. 34, 529 P.2d 66J), even if there is substantial evidence to the
contrary (Arviv Enterprises, Inc. v. South Valley Area Planning Com.
(2002) 101 Cal.App.4th 1333, 1346 [125 Cal.Rptr.2d 140J; Friends of "B"
Street v. City of Hayward (1980) 106 Cal.App.3d 988, 1002 [165 Cal.Rptr.
514])." (Bowman v. City of Berkeley (2004) 122 Cal.App.4th 572, 580-581;
see Guidelines, ~ 15064, subd. (f).) The SWCVCA believes that these and
ether comments on the MND, including power points, public comments and
letters provide substantial evidence.
Negative Impact on Moss Street:
4
There is also no mitigation for the commonly accepted fact that heavy
trucks tear up small streets like Moss. (Courts have held that the absence
of expert studies is not an obstacle because personal observations
concerning nontechnical matters may constitute substantial evidence under
CEQA. (Arviv Enterprises, Inc. v. South Valley Area Planning Corn., supra,
101 Ca1.App.4th at p. 1347; Ora Fino Gold Mining Corp. v. County of E1
Dorado (1990) 225 Ca1.App.3d 872, 882-883.) The residents of the
Southwest have observed the deterioration of many streets in our area.
With a maximum of 30 trucks a day, not counting contractor and vendor
trucks, Home Depot has an increase of at maximum of 29 trucks on Moss a
day or an average of 115 per week as now planned. The citizens of Chula
Vista should not be responsible for redoing Moss Street or, as is more
likely and more common in the southwest, suffering with huge potholes
created by Home Depot's trucks. (This does not include vendor and
contractor trucks.)
Many of these areas were not evaluated at all in the MND because the city
insists upon comparing the proposed project to a permitted use that has
nev.er existed on the site and also never had an EIR to evaluate its
negative effects upon the community. This is improper. When compared to
the existing use-K-Mart- there is a maximum of I, 150 trips a day. An EIR
needs to be prepared to analyze fully the negative impacts of Home Depot
upon the southwest community or a creative redesign needs to occur that
further minimizes all the impacts that Might occur. We are asking the
members of the DRC to support the community by declining to recommend
approval of the MND or the current plan and requesting Home Depot to
consider alternative designs that will place loading and unloading further
away from residents, eliminate the garden PA system, since phones are used
in other stores, and further limit the hours when trucks can be on site.
There is an opportunity to build an orchid here instead of an onion. Let's
insist that this opportunity be taken.
Land Use and Planning Impacts
The Southwestern portion of the city does not have a specific plan. The
zoning ordinances are 50 years old. There are projects being approved
throughout our area that are significantly changing the community
character of the area. The SWCVCA is concerned that all of this is
happening with no plan. It appears the city too readily approves plans in
isolation without evaluating their cumulative effects upon the community.
The Home Depot is only the current example. The GPU vision is for
construction closer to the main street, not big box store~ with a sea of
parking in the front. This is an archaic design and not at all
aesthetically pleasing. Not to mention the encouragement of urban blight
these big box stores can cause. SWCVCA wonders if the old Ralphs will ever
get a tenant with Home Depot as its neighbor, and what will happen to the
Frazee Paint Store off of L Street? How will the big industrial buildings
recently built on Main Street effect the longtime local businesses that
have been a part of the community for many, many years?
The comment by the Home Depot representative that facing the loading areas
toward the empty parking lot next store instead of the residents is
contrary to the goals of redevelopment is patently wrong. The goal of
redevelopment in the southwest has to be to improve the environmental
justice and the health for the residents of the southwest. Relocating the
areas generating toxic contaminants further away from residents will do
both.
Do the residents and community character ever enter into planning
decisions in southwest Chula Vista? All of the construction going on in
the southwest needs to be looked at as a whole rather than as separate
projects as is happening now. The community made it clear they disliked
intensely the design of Spotlight on Broadway, so what does the city do
but approve another one very similar to it down the street. Planning is
supposed to be about what the residents want, NOT what the city wants. It
is time the city starts listening to the residents.
Sincerely,
5
Theresa P.cerro
President of Southwest Chula Vista Civic Association
6
Original Message-----
From: Tony LoPresti [mailto:TonyL@environmentalhealth.org]
Sent: Monday, January 29, 2007 10:21 AM
To: Elisa Cusato
Cc: Diane Clancey; Luis Hernandez; spowers@cLchula-cista.ca.us; THERESA
ACERRa; Joy Williams
Subject: HD Air Quality Report...
Ms. Cusato,
We understand that your office is reviewing the adequacy of
the Mitigated Negative Declaration for the proposed Home
Depot on Moss and Third. Environmental Health Coalition
supports Ms. Acerro's claim that the MND is inadequate
environmental review under CEQA (as we stated in a comment
letter on the MND dated Dec. 13th, 2006), and that
cumulative impacts have not been properly studied. In
addition, our research director, Joy Williams, has reviewed
the air quality study and has identified what we believe
are shortcomings which further justify the need for a full
ErR and/or further mitigation of the single source and
cumulative impacts on nearby residences. We'd like to ask
you, or other staff assigned to the review of this project,
to include the following comments in your review:
1. The text of the Air Quality study (page 6 near the
bottom) refers to an SCAQMD methodology for
determining a Localized Significance Threshold based
on the size of the project site and proximity of
receptors. Some of the values on the table for PMIO,
attached to this e-mail and available at the SCAQMD
website, are below the estimated PMIO emissions from
Home Depot operations, as listed in Table 6 (page
15), and also the construction impacts, Table 5. This
suggests that there IS a localized impact from PMIO,
and that further analysis of emissions from the
loading dock to the nearest receptor is needed.
According to SCAQMD: "If the project exceeds any
applicable LST when the mass rate look-up tables are
used as a screening analysis, then project specific
air quality modeling may be performed. In the event
that the project area exceeds 5 acres, it is
recommended that lead agencies perform project-
specific air quality modeling for these larger
projects."
2. The emissions estimates depend on Home Depot being
consistently willing and able to limit idling times
of trucks to 5 minutes. We have gone to several Home
Depots and have timed idling times well in excess of
5 minutes. While Home Depot can and should suggest
limitation of idling times to 5 minutes as a
mitigation, emissions estimates must be based on
actual existing data from actual existing scenarios.
The fact is, trucks using Home Depots idle far more
than 5 minutes. Also, it should be noted that we
timed these trucks in January during mid-day when
temperatures were mild. Trucks are more likely to
stay idling when drivers wish to keep their air
conditioning or heating on. ~ Excessive idling is
likely to increase in winter morning and evening
hours, and in hot summer hours.
3. The air analysis uses meteorological data from
Lindbergh Field. The APCD has meteorological data
from Chula Vista. This data should be used in
analyses of air emissions in Chula Vista.
4. The air quality report does not spell out how
analysis was conducted on chronic non~cancer risk.
This analysis should use the single worst year, not
an average of the 70 years as is done for cancer
risk. It is not clear how this analysis was
conducted. It is also unclear what the actual
increase in PM10 in the air at ground level would be
from the project. With this figure, an estimate could
be made of the extra asthma visits to doctors, school
absences, etc., attributable to the Home Depot.
5. The health risk assessment is based on estimates of
average truck trips per week (115), but not high-end
estimates (150). The risks must be presented for
high~end as well as average conditions.
6. We are very skeptical of the comparison of ADT's from
the current site use to the Horne Depot. These are
likely to be very different mixes of vehicles.
Customers drive different vehicles to shop at a Home
Depot than they would at a K-mart. Also, we fail to
understand how a restaurant could attract 3,000
vehicle trips per day, as seems to be the assumption
made in the allowable traffic.
7. We are very concerned that there is no assessment of
the cumulative impact on localized air quality.
There must be analysis that includes other sources of
PM and Diesel PM in the area.
8. The analysis of cancer risk included only diesel
particulate matter. Of course, this may be the major
pollutant of concern, but it is not the only one.
Benzene and butadiene, for instance, must be studied
as well. These pollutants should be included in the
cancer risk assessment.
Thank you,
Tony LoPresti
Policy Advocate
Environmental Health Coalition
401 Mile of Cars Way
National City, CA 91950
w) 619.474.0220 x126 c) 831.246.3780
www.environmentalhealth.org
Page I of I
Maria Muett
From:
Sent:
To:
Steve Power
Wednesday, February 28, 2007 1:19 PM
Maria Muett
Subject: FW: Home Depot
nmOriginal Messagenm
From: Elisa Cusato
Sent: Friday, February 02, 2007 8:49 AM
To: Steve Power; Marisa Lundstedt
'Subject: FW: Home Depot
Hi Steve and Marisa
--mOriginal Message-m-
From: THERESA ACERRO [mailto:thacerro@yahoo.com]
Sent: Thursday, February 01, 20074:29 PM
To: Elisa Cusato
Subject: Home Depot
Elisa,
It was just brought to my iattention today that as a result of the MND for Creekside Villas it was
decided no left turns would be allowed from this project to be built at the corner of L and Third.
In fact the city plans to build a barrier to physically prevent left turns here. This means that 200+
residents per day will most likely turn right at Moss in order to go west or north or to 1-5 from
their homes. This will be an incredible impact upon the residents of Moss between Third and
Fourth. This absolutely should have been a part of the traffic study for Home Depot since its
store will also add significant amounts of traffic and trucks to this intersection and street. Part of
this section of Moss does not even have sidewalks and both sides of the street are full of cars due
to the densification of the block without adequate off street parking. Please add this to my list of
the inadequacies of the MND.
Thank-you,
Theresa
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02/28/2007
Page I of2
Maria Muett
From: Steve Power
Sent: Wednesday, February 28, 2007 1:19 PM
To: Maria Muett
Subject: FW: home depot cv
nmOriginal Message-----
From: Elisa Cusato
Sent: Monday, February 05, 2007 3:42 PM
To: Steve Power; Marisa Lundstedt
~Subject: FW: home depot 01
FYI.
nmOriginal Message--m
From: THERESA ACERRO [mailto:thacerro@yahoo.com]
Sent: Sunday, February 04, 2007 4: 17 PM
To: Elisa Cusato; Steve Castaneda; Cheryl Cox; John McCann; Rudy Ramirez; Jerry Rindone
Subject: Fwd: home depot 01
THERESA ACERRO <thacerro@yahoo.com> wrote:
Date: Sat, 3 Feb 2007 20:40:31 -0800 (PST)
From: THERESA ACERRO <thacerro@yahoo.com>
Subject: home depot cv
To: john@ziebarth.com, smaloni@tomshepard.com
John,
You said that you would send me number of lumber trucks HD has per day. I asked
about vehicle mix that I am sure has been measured at some Home Depot somewhere.
How much does a loaded lumber truck weigh? How much does a cement truck weigh?
The Air Quality Report on page A-II ran the analysis for 8.91 trips/IOOO square feet
1,149.39 trips, which certainly helps explain the results they got.The fleet mix on A-II
looks a little light too.
Did you know that the city is requiring Creekside Villas at Third and L (167 townhomes)
to allow only right turns out of property, which will put as many as 500 or more trips per
day onto Moss, since that will be quickest option for 1-5 or points west or north. This
makes keeping trucks off of Moss and all driveways on Third open even more important.
You say that Home Depot schedules all its trucks. Another helpful thing would be to
schedule trucks when people would not likely be at home. 7 AM to 10 PM is ridiculous.
A narrower range of hours in middle of day would help mitigate some. Also making
loudspeaker only for emergency purposes would help. (Pointing loudspeaker away from
residents would also point it away from nursery.)
Theresa
02/28/2007
Page 2 01'2
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02/28/2007
ADDITIONAL PUBLIC COMMENTS ON THE ENVIRONMENTAL DOCUMENT
After the close of the public review for the Mitigated Negative Declaration (IS-06-007),
the City received additional comments. Pursuant to CEQA Guidelines Section 15073,
the City is only required to respond to comments received during the 30-day public
comment period that ran from November 13, 2006 to December 15, 2006. In an effort
to be fully responsive the City has prepared responses to late comments. The following
summary contains the major comments and staff responses.
1. Comment e-mail from Theresa Acerro. received December 25. 2006
Comment:
Look at Page 14 in the Air Report: "Because the project will include retail and
restaurant uses, Project-related traffic was assumed to be comprised of a mixture
of vehicle in accordance with the EMFAC2002 model outputs for traffic. This
assumption includes light duty autos and light duty trucks as well as medium and
heavy duty vehicles that may be traveling to the facility to make deliveries or as
business customers with larger vehicles." Obviously this is why their figures
seem so low. They ran the model based upon the wrong assumptions for vehicle
traffic. The project obviously does not include retail and restaurant and their
assumption makes no sense for a HD. As I said in previous comments 8,350
ADTs for the restaurant and the K-Mart makes absolutely no sense either. The
restaurant was converting to a Chinese restaurant that would have ADT of
89/1,000 sqft or 943.4 ADT plus K-Mart's measured 4,870 or a total of 5,813.4 if
the restaurant ever opened. This is no where near 8,350 claimed in report and
less than the underestimated total for HD of 6,020. 7,740 is more likely figure for
HD, since 60 ADT is what EI Cajon store has. The H Street store is not a very
busy store, and traffic was measured week before Thanksgiving in middle of
week-not their prime time.. Home depot admits to 30 of their own trucks a day
plus contractor and vendor trucks. This is figure that needs to be used.
Staff Response:
Your comments have been noted. The statement regarding a mix of retail and
restaurant uses was a typographical error and has been corrected in the air
quality report. The correction does not affect the number or type of trips
generated or the emission estimates in the air quality analysis as that is based on
data from the Traffic Impact Analysis.
Detailed analysis of the impacts of trucks both during construction and during
operation was performed. The number of estimated construction trucks is
identified on page 18 of the air quality report. The number of operational trucks
ATTACHMENT 11
is addressed on page 19 of the air quality report. Thirty operational trucks is the
maximum in a day with an average of 115 trucks per week.
The analysis was conducted based on emission factors generated by the ARB's
approved EMFAC2002 model. The EMFAC2002 model is the model that is
required for use by the ARB for estimating emissions from motor vehicles. That
model provides emissions for the mix of vehicles that is on the road during
specific years evaluated. The calculations in the EMFAC2002 model
demonstrate that emissions decrease in the future due to improved emission
standards and phase-out of older vehicles is based on guidelines that are
approved by the ARB and is not an assumption used for this study alone. It
should be noted that the emissions presented in Table 6 are based on the year
2008 and do not take into account future years with improved emission standards
and phase-out of higher polluting vehicles after the year 2008. Thus the analysis
is more conservative and a worse case scenario.
In addition, in order to obtain a trip generation rate based upon an actual Home
Depot operation, traffic counts were conducted at the existing Home Depot store
located on East H Street in Rancho Del Rey. A trip generation rate of 46.7 trips per
thousand square-feet of store area was derived based upon field data. This trip
generation number was then applied to the proposed Home Depot store on 3rd
Avenue. The trip generation rate is more conservative than the trip generation
rate noted in the SANDAG trip generation table which has a trip generation rate
for a home improvement super store of 40 trips per thousand square-feet of floor
area.
Permitted and constructed uses on the site as it presently exists, would result in
8,350 trips. The 8,350 ADT comes from the 118,000 square-foot K Mart at 60
ADT/1000 s.f. and 10,600 s.f. of restaurant at 120 ADT/ 1000 s.f. These trip
generation coefficients are based upon the SANDAG trip generation table. The
traffic generation numbers noted on Page 14 of the traffic study were provided for
comparative purposes. The traffic calculations for the site used to determine
traffic impacts were based upon the actual operation of the K Mart store. Trips
associated with the closed restaurant were not figured into the trip generation
rate for the project.
2. Comment e-mail from Theresa Acerro. received December 25. 2006
Comment:
Having reviewed the Noise Report again and reread the staff letter to the
applicant dated 3/15/06 I realize that there are a few more flaws in the report.
The staff letter states: "Discuss any potential noise impacts to the nearby multi-
2
ATTACHMENT 11
family second story residential dwellings. The acoustical analysis shall
demonstrate that second-and-third floor interior (my emphasis) noise levels due
to exterior noise sources would be below the 45 CNEL standard." The noise
report does not mention interior noise levels at all. It concerns itself with exterior
only. This is a glaring oversight. Considering that the 15- foot noise wall will only
get exterior noise upstairs down to 59 decibels (page 10), it seems unlikely this
standard is met.
It is troubling the way they shop around for information using 70 decibels at 50
feet (page 7) from Mount Carmel Ranch for proposed EI Cajon store, which is
questionable data because there is an EI Cajon store that would have been more
similar and provided more accurate data for that report, but using octave band
from Torrance. The Mount Carmel study modeled for receptors that were at 155
feet away according to the Appendix. The Moss Villas has receptors at less than
30 feet unless all the trucks and equipment are confined to the 15 feet next to the
west wall of the building at all times. This seems unlikely to me. The new wall is
only 20 feet from the east side of some of the condos. The driveway appears to
be 45 feet wide that leaves 15 feet for the trucks, forklifts and lumber to
maneuver in if they are going to stay 50 feet away from the condos, whose
private space includes the 4 and a half feet from their east wall to the concrete
wall. How wide is a semi-truck?
Another quote: "Short-term construction noise impacts to nearby sensitive noise
receptors (the surrounding multifamily residential units) must be identified and
included in the noise analysis Pursuant to Section 17.24.050(J) of the Chula
Vista Municipal Code" There is no mention in the noise report of construction
noise at all. There is also the exclusion of the sensitive receptors at Bayview
Behavioral Center from the list of those who must be considered. This could be
very significant since there will be no noise walls and 32 trucks a day plus heavy
equipment will be in operation for 8 or more hours per day for six days per week
for 34 weeks. (I am assuming our Municipal Code regulates the amount of noise
allowed during the day in construction zones, not just forbidding it at night. I
would also argue that there is nothing short-term about 34 weeks.)
Staff Response:
The applicable noise threshold is the City of Chula Vista Noise Ordinance. The
noise ordinance measures sound relative to Leq, not CNEL. Standard
construction mitigates sound by 15 - 20 dBs. Thus, bringing interior sound to 45
dB Leq.
Various data source comments noted. As noted in the Mitigated Negative
Declaration, a noise study was completed by a qualified professional. Existing
ATTACHMENT 11
Home Depots were modeled and analyzed. The noise study indicated that the
noise from truck operations would be below city standards with the proposed
mitigation. No significant unmitigated noise impacts were identified to occur after
mitigation.
Additionally, in order to obtain noise generation activities and back-of store
operations, based upon an actual Home Depot store located at existing Home
Depot stores including EI Cajon, Torrance and Mount Carmel Ranch. Lumber
and other building materials are off-loaded from the same flat-bed trucks at both
locations in similar quantity, both stores have similar loading docks, both stores
use similar cardboard compactors and have emergency generators, both stores
use similar HVAC systems. The Mount Carmel Ranch noise data was used
because it was considered representative, and had been monitored whereas the
EI Cajon store had not. The Carmel Ranch data was supplemented with the
Torrance measurements for certain activities not separately monitored. The
differences in source-receiver distance and any barrier effects were explicitly
modeled using standard noise propagation protocols since no two sets of
situations are identical. The location of the unloading is determined by the
location of the unloading pad, which is a hardened concrete slab designed for
trucks to park and not block the alley for other traffic. The location of the
unloading is therefore confined by the pad location. A semi-truck is 8 feet wide,
the unloading occurs from both sides of the truck, one side directly into the sales
building, the other side staged along the building for placement after the truck
leaves. The assumed source-receiver distance at Chula Vista is reliable and
representative of back-of-store operations at most Home Depot stores.
Construction noise is exempt from numerical noise ordinance (Municipal Code)
standards compliance as long as the noise is generated during hours of lesser
noise sensitive (weekday from 7 a.m. to 7 p.m.). Through compliance with these
time limits, construction noise was presumed mitigated to less-than-significant,
and not further evaluated in the noise study. The operational activity noise
exposure to the Bayview Behavioral Center was assumed equivalent to the
levels calculated at the adjacent single family uses north of Moss Street which
were determined to be within acceptable levels. The statement that 32 trucks will
operate 8 hours per day for 34 weeks during construction is a misrepresentation
of sequential construction activities where activity peaks during demolition or
pouring of foundations are interspersed with lesser intensity periods. Once the
store walls are up, much of the activity will be shielded from direct view.
Maximum construction activity intensity will not occur unabated for 34 weeks as
suggested in this comment, which disputes the short-term nature of commercial
construction.
4
ATTACHMENT 11
3. Comment e-mail from Theresa Acerro. received December 27.2006
Comment:
The Noise ordinance says all residential except multifamily has a day maximum
of 55 and a night of 45. It seems quite unfair that multifamily has been singled out
for 60 and 50 and a bit confusing. The Marasella villas proposed for Ada are
called attached single family dwelling units in the MND. They are town homes or
condos. Which category would they fall in?
What besides single family detached homes is the ordinance refering to when it
says all residential? I believe that condos are single family attached homes,
because each family owns its own seperate unit. They should be considered in
the all residential category, not the multifamily exception. Marsella villas are now
R2, but Moss Villas are R3, but they are not apartments they are single family
attached dwellings. Calling them multifamily implies they are apartments, which
they are not. They should fall under the stricter standard.
If the council is the body that has the final say on the interpretation of ordinances
I would request that they clarify this issue in favor of condominium residents who
do not live in multifamily buildings, but single family attached homes. Multifamily
is meant to describe apartments.
Staff Response:
Comments noted. The abutting property to the west is zoned multi-family
residential. The multi-family zone has threshold of 60 dB Leq was applied. This
is the same threshold that was applied to that particular project when it was
analyzed for noise impacts a few years ago.
4. Comment e-mail from Bettie Lupi. received December 31.2006
Comment:
From: baccv@aol.com [mailto:baccv@aol.com]
Sent: Sunday, December 31,2006 10:57 AM
To: CurrentPlanning
Subject: Planning & Building Contact Form
The following information has been received:
Division: Planning Commission
First Name: Bettie
Last Name: Lupi
Email: baccv@aol.com
ATTACHMENT 11
Message: The proposal to locate the Home Depot positioned parallel to the
alley & facing apartments for the old Kmart loaction on Third Ave. is not
environmentally sound.
When creatijng these plans, especially ones with long term mpact, we need
to be proactive. We need to consider what we are negetively causing &
make those changes while in the planning stages. NOT AFTER THE FACT.
Please reconsider all the issues involved & make educated choices to keep
to a minimum the problems that will arise if current plans go forth.
Staff Res/Jonse:
Comments noted. Pursuant to CEQA Guidelines Section 15070:
A public agency shall prepare or have prepared a negative declaration or
mitigated negative declaration for a project subject to CEQA when:
a) The initial study shows that there is no substantial evidence, in
light of the whole record before the agency, that the project
may have a substantial effect on the environment, or
b) The initial study identified potentially significant effects, but:
1. Revisions in the project plans or proposals made by or agreed to by the
applicant before a proposed mitigated negative declaration and initial
study are released for public review would avoid the effects or mitigate the
effects to a point where clearly no significant effects would occur, and
2. There is no substantial evidence, in light of the whole record before the
agency, that the project as revised may have a significant effect on the
environment.
Substantial evidence has been included and relied upon in the initial study that
demonstrates that the project as mitigated will not have a substantial impact
upon the environment. Therefore, in accordance with state law a mitigated
negative declaration has been prepared.
Technical studies have been prepared by qualified experts that show all impacts
associated with the project for such issue areas as noise, air quality, drainage,
water quality, and traffic are mitigated to a level of less than significant. Public
Resources Code section 21080 (e) states that "...substantial evidence includes
fact, a reasonable assumption predicated upon fact, or expert opinion supported
by fact. Substantial evidence is not argument, speculation, unsubstantiated
opinion or narrative." No substantial evidence of a potentially significant
environmental impact associated with the project has been submitted. Public
6
ATTACHMENT 11
Resources Code Section 21080.2(c) states that public comments that are not
based upon a specific factual foundation (expert opinion) do not constitute
substantial evidence of an environmental impact.
5. Comment Ie-mail) letter from Teresa Acerro, received January 20,2007
Comment:
According to the Air Quality consultant, the reference to an article in The Voice of
San Diego published January 2, 2007; entitled "A Toxic Air Inventory" shows that
the 91911 zip code has 30,287 Ibs. of toxic pollution in the air (7th highest in the
County) while the county's average is only 7,975. Top emitters of pollutants were
listed according to the article by zip code.
Staff Res/Jonse:
The commenter cites as one of her main references an article in the Voice of San
Diego published on January 2, 2007, entitled "A Toxic Air Inventory." A review of
the article indicates that the data published in the article are highly suspect. The
article allows a link to a list of the "Top emitters of criteria pollution..." and "Top
emitters oftoxic pollution..." in a given zip code. When 91911 was entered, the
list of "top emitters of criteria pollution" listed in the link began with Roman's
Truck Body & Paint. A review of the APCD's data for that facility indicated that
the Roman's Truck Body & Paint facility emitted 0.904 tons per year of reactive
organic gases in the year 1997, the last year for which data were available on the
District's online inventory. By comparison the South Bay Power Plant (also in the
91911 zip code), which reported emissions of 38.71 tons per year of reactive
organic gases is not on the list of top emitters in the 91911 zip code. The Voice
of San Diego article does not appear to cite correct or current data and is not a
reliable source on which to base decisions on this project. Moreover, the study
does not specifically address air quality impacts associated with the Project.
Comment:
It is a scientific fact that 70% of all cancer caused by toxic air contaminants can
be traced to diesel exhaust. Long term exposure to diesel exhaust is associated
with a 40% increase in lung cancer. This makes it critical that the Air Quality and
Health Risk Assessments be based upon the maximum number of trucks per
week rather than an average, which underestimates the impacts. It also means
that the thresholds should be lower in the 91911 zip code.
Staff Response:
The statement "It is a scientific fact that 70% of all cancer caused by toxic air
contaminants can be traced to diesel exhaust", is not substantiated by studies,
references or data that can be reviewed or upon what it is based upon. As to
ATTACHMENT 11
other similar comments regarding health risks such as "...Iong term exposure to
diesel exhaust is associated with a 40% increase in lung cancer--" according to
the California Air Resources Board, "Over 30 human epidemiological studies
have investigated the potential carcinogenicity of diesel exhaust. These studies,
on the average, found that long-term occupational exposures to diesel exhaust
were associated with a 40 percent increase in the relative risk of lung cancer.
The lung cancer findings are consistent and the association is unlikely to be due
to chance. These epidemiological studies strongly suggest a causal relationship
between occupational diesel exhaust exposure and lung cancer." (California Air
Resources Board, Findings of the Scientific Review Panel on THE REPORT ON
DIESEL EXHAUST as adopted at the Panel's April 22, 1998, Meeting). Thus,
according to the California Air Resources Board, the increase in lung cancer risk
is specific to occupational exposure to diesel exhaust.
In addition, the air quality model was rerun with 158 trucks per week instead of
115. The results indicated the cancer risk at the nearest receptor (multifamily to
the west) would increase to 1.47 in a million, and the chronic hazard index would
be 0.000922. Both of these results are still well below the San Diego Air
Pollution Control District's air toxics significance thresholds of 10 in a million for
excess cancer risk and 1.0 for chronic hazard. According to the health risk
calculations conducted for the Home Depot, the maximum excess cancer risk
due to inhalation of DPM for the maximum exposed sensitive receptor were
predicted to be 1.07 in a million, based upon the assumption that a resident
would live at that location for 70 years.
Comment:
CEQA requires an analysis of anything that might be an impact. Using an
average does not do this. The Health Risk Assessment specifically requires an
analysis of the greatest possible impact. The HRA also uses a 70-year cancer
risk assuming that the risk goes down over the years it should be based upon
worse case 2008. The report underestimates the risks by making assumptions
that mayor may not occur in the future. This is clearly not allowed by CEQA the
analysis needs to be based upon what is currently occurring now.
Staff Response:
The risk assessment that was conducted for the proposed project was done in
accordance with the California Office of Environmental Health Hazard
Assessments latest guidelines for addressing potential health risks associated
with exposure to toxic air contaminants. Diesel particulate has been identified by
the State of California as a toxic air contaminant, and the health effects,
according to the California Office of Environmental Health Hazard Assessment,
include carcinogenic risk and chronic long-term risk. There has been no
determination by the State of California that shorter-term exposures cause
ATTACHMENT 11
adverse health effects, and the State has not issued guidelines on addressing
short-term exposures to diesel particulate. The Office of Environmental Health
Hazard Assessment guidelines indicate that excess cancer risks are presented in
terms of an increased probability of cancer over a lifetime (lO-year) exposure
period. The commenter indicates that the maximum number of trucks per week
should be used to assess risk; however, because excess cancer risk calculations
are based on evaluating increased probability of an individual contracting cancer
over a lifetime of exposure, the long term average, rather than short term peak,
exposure should be evaluated. Thus, it is appropriate to use the average truck
trips over a 70-year lifetime exposure period rather than using peak trips to
assess long-term risk or impacts.
The exposure period used for evaluation of emissions was over a 70-year period.
The comment issue argued that the health risk assessment should be based on
the year 2008. The fact is that excess cancer risk is calculated as a probability
that an individual will contract cancer due to exposure to toxic air pollution over a
10-year exposure period. Because excess cancer risk calculations are based on
evaluating increased probability of an individual contracting cancer over a lifetime
of exposure, the long term average, rather than short term peak is appropriate to
evaluate the emissions that would occur over the 70-year period. It should be
noted that the risk assessment analysis are conservative or taken as worse-case
scenarios for the following reasons: first, the assumption that the risk
assessment is for an individual remaining in the same location (point of maximum
exposure) for 10 years, without ever changing locations, and secondly, the
emissions are calculated based upon diesel emission factors for 2010 through
2040 (the EMFAC2002 model does not provide emissions factors for years
subsequent to 2040, therefore it was assumed that the emissions would remain a
constant for the period 2040 through 2080 and no additional improvements in
emissions were assumed. Finally, the model does not assume any improvement
in emissions over the 10-year period for truck idling; thus the truck idling
emission factors remain constant over the exposure period and do represent a
worse case emission scenario.
Diesel technology and new standards for diesel fuels to reduce emissions from
diesel engines have been implemented and are regulatory requirements in the
state of California. It is anticipated, with programs to reduce diesel particulate
adopted by the California Air Resources Board, that further reductions will be
experienced and thus it is appropriate to use emission factors that are
representative of the entire 10-year period of exposure, not 2008. Furthermore,
the health risk assessment is extremely conservative because the EMFAC model
does not take into account these emission improvements in its idling emission
factors.
,
ATTACHMENT 11
Comment:
Statement that the health risk assessment did not evaluate benzene and other
toxic chemicals in diesel exhaust.
Staff Response:
The Office of Environmental Health Hazard Assessment's unit risk factor of 3 x
10-4 (lJg/m3f1 and chronic reference exposure level of 0.5 for diesel particulate
exposure are based upon the mix of toxic air pollutants contained within diesel
exhaust. It is designed to account for exposure to the components of diesel
exhaust, including benzene and other toxic chemicals. According to the
SCAQMD CEQA Handbook in Section 10, Table 10-2, facilities where benzene
would potentially be associated with risks would include gas stations, refineries,
organic chemical manufacturing, pharmaceuticals, and food processing where
substantial emissions of benzene could occur due to the type of operation.
Benzene is generally not a typical pollutant of concern at retail locations.
Comment:
A project can have significant cumulative impacts even though the project
complies with thresholds of significance in an approved plan or mitigation
program.
Staff Response:
Neither the traffic, noise, nor the air quality reports found a cumulative significant
impact. Traffic found the traffic volume below the allowable traffic volume for the
existing buildings on the site. Thus cumulative traffic impacts would be reduced.
There is no increase in cumulative air impacts due to the reduction of traffic even
after factoring in any increase in truck volumes. Further the current drive distance
to a Home Depot will be reduced, which will reduce exhaust in the air basin. The
reduction of traffic at sensitive traffic volume intersections will also reduce
contribution to cumulative impacts on the air basin. Thus, the Project will not add to
the cumulative levels of air pollution. The commentator states, "Even chronic, low-
level traffic noise at 50-60 dB can adversely affect children." The accuracy of 1978
study cited by the commentator is questionable when considering the average
decibel level of a human voice talking is approximately 60 -65 dB. Chula Vista in
1985 adopted Ordinance No. 2101 adding Section 19.68 to the Municipal code
entitled "Performance Standards and Noise ControL" The applicable noise
standard for multi-family residential zone in the municipal code between 7 a.m. and
10 p.m. is 60 dB LEQ. Other agencies such as Department of Housing and
Urban Development (HUD) in the Code of Federal Regulations Title 24, Part 51,
"Environmental Criteria Standards" establish land use guidelines of DNL 65 dB as
acceptable. The noise thresholds utilize for this study is the lead agencies criteria.
The mitigation measure will achieve this level by requiring deliveries to occur
10
ATTACHMENT 11
between 7 a.m. and 10 p.m. The noise level at the closest single-family homes
across Moss Street will be well below the single-family residential standard of 55
dB LEO between 7 a.m. and 10 p.m. The noise report included cumulative noise
analysis as well as near term noise and found neither to be significant. With the
resultant mitigation measures the noise impacts on surrounding uses will be
lessened below the current impacts. The reports do not rely on de minimus criteria
for cumulative impacts.
Comment:
Thresholds of Significance applicability. How many trucks per week would be
necessary to exceed the Threshold of Significance?
Staff Res/Jonse:
According to the health risk calculations conducted indicate the maximum excess
cancer risk due to inhalation of DPM for the maximally exposed residential receptor
were predicted to be 1.07 in a million, based upon the assumption that a resident
would live at that location for 70 years. The significance threshold, based upon the
San Diego Air Pollution Control District's air toxics notification threshold, would be
10 in a million excess cancer risk. The risk calculations were based on average of
115 trucks per week; thus to exceed the threshold, it would require 9.345 times the
number of trucks per week to travel to the Home Depot or 1,075 trucks per week.
In another comment, the commenter indicated that the 158 weekly truck trips
should be used versus the average of 115 weekly truck trips should be used to
assess potential health risks. While it is appropriate to use average operations to
estimate long-term risks, the HARP model was rerun based on this scenario. The
cancer risk at the nearest receptor (the apartments just to the west behind the
building) would increase to 1.47 in a million, and the chronic hazard index would be
0.000922. Both of these results are still well below the significance thresholds of
10 in a million for excess cancer risk and 1.0 for chronic hazard.
Comment:
Statement that the single-family threshold level of 55dB LEO will be exceeded
even with a 15-foot high wall.
Staff Response:
The adjacent uses to the west were approved as multi-family, not single family,
and are located in the R3 - Apartment Residential zone and designated RH -
Residential High (18-27 dwelling units! acre) on the City's General Plan. The noise
study by Douglas Eilar & Associates and the Mitigated Negative Declaration for the
Moss Street Townhomes Case No. IS-01-09, that its approval was based on, was
for multi-family development. Chula Vista in 1985 adopted Ordinance No. 2101
adding Section 19.68 to the Municipal code entitled "Performance Standards and
II
ATTACHMENT 11
Noise Control." The applicable noise standard for multi-family residential zone in
the municipal code between 7 a.m. and 10 p.m. is 60 dB LEO. The mitigation
measure will achieve this level by requiring deliveries to occur between 7 a.m. and
10 p.m. The noise level at the closest single-family homes across Moss Street will
be well below the single-family residential standard of 55 dB LEO between 7 a.m.
and 10 p.m.
Comment:
There is also no analysis of the impact of the noise of 115 (average) per week
trucks on the patients and residents in the hospital and apartments they will pass in
the current plan is adopted.
Staff Response:
The proposed project will not measurably increase the noise exposure at the Moss
Street homes, apartments, nor the Bayview Behavioral Center, nor will it cause
City noise exposure thresholds to be exceeded.
Comment:
Unloading will not be confined to only the unloading pad and will not be adequately
screened by a 15-foot high screen wall.
Staff Response:
The unloading area is defined by a reinforced concrete pad that can accommodate
the weight of loaded trucks parked for the duration of the unloading process and
minimize maintenance of paving due to unloading operation. The pad will be in
front of the receiving door so that as much of the material as possible can be
unloaded from the receiving door side and placed directly into the warehouse. A
15-foot high acoustical wall screens this unloading area. This will also screen even
the second story residential from the noise. The noise will be below the thresholds
identified in the previous response.
Comment:
Some unloading will occur closer than 50 feet to off-site receivers.
Staff Response:
The unloading activities of the far side of the truck will go directly into the
warehouse. The contents of the truck will screen the unloading process from the
side nearest the warehouse door, and the greater distance will offset any effects of
unloading on the side away from the door. The total noise generator is the
midpoint of all activities as was assumed in this case.
11
ATTACHMENT 11
Comment:
Noise levels of 50-60dBA are unhealthy, and raise blood pressure, raise heart
rates, etc.
Staff Response:
The normal decibel level of the human voice talking is approximately 60 dB. As
indicated in the Mitigated Negative Declaration Response To Comments, a noise
study was completed for the proposed project in order to assess potential noise
impacts. The existing noise levels at single-family homes along Moss Street are
61 dBA. The City's noise/land use compatibility standard is 60-65 dBA CNEL for
usable outdoor space in residential areas. The noise level from a single truck
passage is 50 dBA (FHWA, 1977), and hourly truck volumes will be one or two
trucks. The proposed project will not measurably increase the noise exposure at
the Moss Street homes, nor will it cause City noise exposure thresholds to be
exceeded.
Comment:
No analysis of the impact of the noise from 115 (average) per week trucks on the
patients and residents in the hospital and apartments they will pass if the current
plan is adopted. This is not done because the ambient noise is calculated to be 61
decibels due to 500 peak hourly trips daily on Moss and the traffic study never
shows anywhere near the number of vehicles on Moss at any time of the day or
night.
Staff Response:
See previous response. The proposed project will not measurably increase the
noise exposure at the Moss Street homes, apartments, nor the Bayview Behavioral
Center, nor will it cause City noise exposure thresholds to be exceeded. The
project traffic study shows 282 existing peak hour trips eastbound on Moss Street
near the proposed project site, and 260 peak hour trips westbound. The sum of
these two values is 542 trips (see Figure 3-2, LLG Traffic Study, Moss Street west
of 3rd Avenue).
Comment:
The impact upon our police department that consistently has been unable to meet
their threshold response time for non-emergency calls was also not evaluated in
the MND and is a serious impact that needs to be evaluated. The expected
increase in calls of 193 more than K-Mart's 2005 129 is only going to make the
situation worse and violates the city's Growth Management Ordinance, which
forbids development that is likely to worsen a non-attainment of a threshold. The
MND suggests that people should call in noise complaints and complaints about
the day laborers. Staff's response to comments about noise and day laborer
impacts is that city loitering and nuisance noise ordinances cover these matters,
13
ATTACHMENT 11
essentially acknowledging that there will be negative impacts in this area and
brushing them off as a police matter, not requiring CEQA review. The SWCVCA
believes this conclusion confirms a further burden upon the police caused by the
project
Staff Response:
The City of Chula Vista Police Department reviewed the proposed project and as
noted in the MND established adequate services can still be provided and no
significant impacts to emergency services are anticipated. According to the Police
Department, thefts from persons, auto theft, vehicle burglary, and panhandling are
concerns for any retail parking lot and conditions are placed upon these projects to
alleviate that potential. Project conditions include compliance with the City Police
requirements that include proper utilization of security hardware, access alarms,
lighting and landscaping to reduce criminal activity and to heighten crime
prevention awareness through the concept of defensible space and design are
standard practices. The City Police Department has a proactive business
merchant program that includes proper lighting, monitored parking lot cameras,
and a security bicycle patrol that can have a positive affect in reducing the rise of
these type crimes occurring. Crime Prevention personnel are available for training
regarding emergency and police reporting procedures. Scheduling of this training
is recommended to coincide with the beginning of regular business operations.
Comment:
There is also no mitigation for the commonly accepted fact that heavy trucks tear
up small streets like Moss. With a maximum of 30 trucks a day, not counting
contractor and vendor trucks, Home Depot has an increase of at maximum of 29
trucks on Moss a day or an average of 115 per week as now planned. The
residents of the Southwest have observed the deterioration of many streets in our
area.
Staff Response:
This is a road maintenance issue and is not analyzed for CEQA compliance
pursuant to CEQA Guidelines, Appendix G.
Comment:
Comments relating to Land Use and Planning Impacts from projects being
approved throughout the area that are significantly changing the community
character. The SWCVCA is concerned that all of this is happening with no plan. It
appears the City too readily approves plans in isolation without evaluating their
cumulative effects upon the community.
14
ATTACHMENT 11
Staff Response:
While the subject site at the southeast corner of Moss St. and Third Ave. is within
the General Plan's South Third Ave. District (Figure 5-21, pg. LUT -141), it was not
subject to any designation changes through the General Plan update adopted in
December 2005, and remains designated as Commercial Retail and consistently
zoned as CC - Central Commercial. The proposed project is consistent with the
existing zoning and is subject to design review, as well as a CUP for the outdoor
storage component.
As indicated by several of the GP policies cited in the comments, the General Plan
does anticipate a future specific plan and/or other forms of rezoning (and the
establishment of according design guidelines) to occur in the area. Several of the
GP policies cited indicate that the prescribed future design emphases (building
placement, mixed use, etc) be taken up through these subsequent specific
plan/zoning efforts. While it is likely that these future efforts will be focused largely
within the Southwest Town Focus Study Area to the south (Figure 5-21), they may
also involve the subject site. However, until such time as those efforts are
undertaken, projects will continue to be processed pursuant to existing zoning in
areas such as this, where no GP land use designation changes were made and
existing zoning is consistent with the GP.
6. Comment letter from Theresa Acerro, received February 1 and February 3, 2007
Comment::
As a result of the MND for Creekside Villas it was decided no left turns would be
allowed from this project to be built at the corner of L and Third. This means that
200+ residents per day will most likely turn right at Moss in order to go west or
north from their homes; as many as 500 (94 more trips) per day onto Moss since it
is the quickest option to 1-5 or points west or north. This will_be an incredible
impact upon the residents of Moss between Third and Fourth. This should have
been a part of the traffic study for Home Depot since its store will add significant
amounts of traffic and trucks to this intersection and street.
Staff Response:
The comment states that Moss Street would be significantly impacted by the
Creekside Vistas project in addition to the Home Depot. The Creekside Vistas
project was not originally identified as a cumulative project and therefore a growth
factor was utilized to account for cumulative traffic. Since the commenter
specifically questioned the capacity of Moss Street, an analysis of the Moss Street
intersections at 3rd Avenue and 4th Avenue was conducted.
15
ATTACHMENT 11
The Home Depot project traffic was added to existing conditions, as was all
outbound Creekside Villas project traffic, plus 158 trucks instead of 115. Table 1
shows the analysis results. This table shows that LOS B operations are
maintained at the two intersections with the addition of Home Depot and Creekside
Vistas traffic. Therefore, no significant impacts in addition to those already
identified in the traffic study were determined.
TABLE 1
NEAR-TERM INTERSECTION OPERATIONS
Existing +
Existing + Existing + Growth +
Contr Pea Growth + Project +
Intersection 01 k Growth Project Creekside
Type Hou Villas
r
Delay LOS Delay LO Dela LOS
a b S Y
3rd Avenue / Moss Signal PM 19.4 B 19.5 B 19.6 B
Street
4th Avenue / Moss Signal PM 17.1 B 17.2 B 17.5 B
Street
Footnotes:
a. Average delay expressed in seconds
per vehicle.
b. Level of Service.
SIGNALIZED UNSIGNALlZED
DELA YILOS THRESHOLDS DELA YiLOS THRESHOLDS
Delay LOS Delay LOS
0.0 < 10.0 A 0.0 < ]0.0 A
10.1 to 20.0 B 10.1 to ]5.0 B
20.] to 35.0 C 15.1 to 25.0 C
35.1 to 55.0 D 25.] to 35.0 D
55.1 to 80.0 E 35.1 to 50.0 E
> 80.1 F > 50.] F
Comment:
Request a number of lumber trucks Home Depot has per day and description of
the vehicle mix. How much does a loaded lumber truck and cement truck weigh?
The Air Quality Report on page A-11 ran analysis for 8.91 trips/1000 square feet
",
ATTACHMENT 11
1,149.39 trips, which helps explain the results however, the fleet mix on A-11 looks
a little light too.
Staff Response:
To address the vehicle mix in the URBEMIS 2002 model, the initial analysis
included the default vehicle mix to estimate traffic emissions. The default vehicle
mix assumed the following: light auto, light, medium and heavy trucks of various
weight, line haul, urban bus, motorcycle, school bus and motor homes. Because
there would be a maximum of 30 trucks per day traveling to the Home Depot and
because the project would not generate school bus trips, the default vehicle mix in
the model was adjusted to increase the heavy-heavy duty truck trips from 0.9
percent to 1.0 percent and to eliminate school bus trips, taking the worse case
scenario. For conservative purposes, it was assumed that 100 percent of all
heavy-heavy duty truck trips would be diesel trucks instead of a mix of catalyst and
diesel trucks. The remaining vehicle mix assumptions were not adjusted. It should
be noted that the revised assumptions resulted in the following estimated average
daily trips for each category of vehicles. Thus the assumptions used in the
analysis result in not only 60 heavy-heavy duty truck trips traveling to and from the
Home Depot per day, but also, 434 medium truck trips, 66 light-heavy 8,501-
10,000 Ibs), 24 light-heavy (10,001-14,000 Ibs) truck trips, and 60 medium-heavy
truck trips, total of all average daily trips is 6,020. Based on these revised
assumptions, the emissions were calculated for the year 2008 in the
URBEMIS2002 model. The emissions would be less than significant.
With respect specifically to the amount of lumber trucks, there are 5 to 7 lumber
trucks per weekday and 1 to 2 on the weekend for an average maximum of 30
trucks per week. There are 4 to 5 garden trucks per weekday and 1 to 2 on the
weekend. The balance of maximum 30 trucks per day will utilize the loading dock.
7. Comment letter from Tonv LoPresti, Environmental Health Coalition. received
January 29,2007.
Comment:
The text of the Air Quality study refers to the SCAQMD methodology for
determining a Localized Significance Threshold based on the size of the project
site and proximity of receptors. Some of the values on the table for PM10, are
below the estimated PM10 emissions from Home Depot operations, as listed in
Table 6 (page 15), and also the construction impacts, Table 5. This suggests that
there IS a localized impact from PM10, and that further analysis of emissions from
the loading dock to the nearest receptor is needed. According to SCAQMD: "If the
project exceeds any applicable LST when the mass rate look-up tables are used
as a screening analysis, then project specific air quality modeling may be
17
ATTACHMENT 11
performed. In the event that the project area exceeds 5 acres, it is recommended
that lead agencies perform project-specific air quality modeling for these larger
projects."
Staff Response:
The City of Chula Vista utilizes the SCAQMD's quantitative emission thresholds for
construction and operation to address the significance of impacts to the ambient air
quality. The City of Chula Vista's CEQA significance thresholds are adequate and
appropriate for evaluating the potential significance of impacts. Based on these
thresholds, the emissions of PM10 are below 150 Ibs/day and are therefore less
than significant.
Comment:
The emissions estimates depend on Home Depot being consistently willing and
able to limit idling times of trucks to 5 minutes. We have gone to several Home
Depots and have timed idling times well in excess of 5 minutes. While Home
Depot can and should suggest to limitation of idling times to 5 minutes as
mitigation, emissions estimates must be based on actual existing data from actual
existing scenarios. The fact is, trucks using Home Depots idle far more than 5
minutes. Also, it should be noted that we timed these trucks in January during
mid-day when temperatures were mild. Trucks are more likely to stay idling when
drivers wish to keep their air conditioning or heating on. Excessive idling is likely to
increase in winter morning and evening hours, and in hot summer hours.
Staff Response:
Effective February 1, 2005, the State of California adopted Section 2485 within
Chapter 10-Mobile Source Operational Controls, Article 1-Motor Vehicles, Division
3. Air Resources Board, Title 13, California Code of Regulations. This regulation
restricts diesel vehicles from idling more than 5 minutes at any location. The Home
Depot posts signs in the loading area and remind truck drivers of the 5-minute
idling regulation. The average unloading time is 30 minutes per truck. Assuming
all 115 trucks idle for 30 minutes at the nearest offsite receptor (which is the
apartment complex behind the Home Depot), the excess cancer risk is 4.35 in a
million, which is still below the threshold of 10 in a million. The fact is that there are
only 22 to 30 lumber trucks a week that unload in this area breaks down to 4 to 7
per weekday and 1 to 2 each weekend.
Comment:
The air analysis uses meteorological data from Lindbergh Field. The APCD has
meteorological data from Chula Vista. This data should be used in analysis of air
emissions in Chula Vista.
18
ATTACHMENT 11
Staff Res/Jonse:
For health risk assessments, the APCD requires the use of the Hot Spots Analysis
and Reporting Program (HARP). SRA contacted the APCD and asked whether the
APCD had a preprocessed meteorological data set for use in ISCST3, which is the
model that the HARP utilizes to conduct health risk assessments. The APCD
indicated that they did not have a data set from Chula Vista that has been
processed and available for use in ISCST3. According to the APCD's
Supplemental Guidelines for Submission of Air Toxics "Hot Spots" Program Health
Risk Assessments (HRAs) (SDAPCD 2006), "Meteorological data used for refined
HRAs should be from either San Diego Lindbergh Field (surface data from
Lindbergh, Station 23188 and upper air data from Miramar, Station 93107) for
coastal San Diego River-plain and low-lying terrain near San Diego Bay (including
downtown San Diego), or Miramar MCAS (surface and upper air data from former
Miramar NAS, Station 93107) for inland or upland/mesa locations." The
meteorological data used were consistent with APCD guidelines.
Comment:
The air quality report does not spell out how analysis was conducted on chronic
non-cancer risk. This analysis should use the single worst year, not an average of
the 70 years as is done for cancer risk. It is not clear how this analysis was
conducted. It is also unclear what the actual increase in PM10 in the air at ground
level would be from the project. With this figure, an estimate could be made of the
extra asthma visits to doctors, school absences, etc., attributable to the Home
Depot.
Staff Res/Jonse:
The chronic risk evaluation was recalculated to account for the single worst year.
The chronic hazard index based on the single worst year is 0.000994 at a location
to the north of the Home Depot site next to 4th Avenue. The chronic hazard index
at the nearest residential receptor to the site is 0.000983. This value is still three
orders of magnitude below the significant risk threshold of 1.0. In accordance with
the Office of Environmental Health Hazard Assessment (OEHHA) Air Toxies Hot
Spots Program Guidance Manual for Preparation of Health Risk Assessments, the
standard approach currently used for health risk assessments includes four steps:
1) hazard identification; 2) exposure assessment; 3) dose-response assessment;
and 4) risk characterization. The hazard identification step involves evaluating if a
hazard exists and, if so, what the exact pollutants of concern would be and what
type of health effects are associated with exposure to those pollutants. The
exposure assessment involves evaluating the extent of public exposure to each
substance for which risk will be evaluated. This step involves emission
quantification, modeling of environmental transport, evaluation of environmental
fate, identification of exposure routes, identification of exposed populations, and
19
ATTACHMENT 11
estimation of short-term and long-term exposure levels. The dose-response
assessment is the process of characterizing the relationship between exposure to
an agent and incidence of an adverse health effect in exposed populations. The
risk characterization step involves combining the results of the exposure
assessment with the dose-response assessment to evaluate risk.
Diesel particulate matter has been identified by the OEHHA as a potential
carcinogen, and as a chronic non-cancer agent. Carcinogenic risk is evaluated by
assessing the increase in probability that an individual would experience due to
exposure to the substance. Chronic non-cancer risk is evaluated based on the
potential for an individual to experience an adverse non-cancer health effect due to
long-term exposure. The California Air Resources Board's "Proposed Identification
of Diesel Exhaust as A Toxic Air Contaminant, Part B: Health Risk Assessment for
Diesel Exhaust" (ARB 1998) identifies diesel particulate matter as a respiratory
toxicant. According to that study, "Epidemiological studies suggest increased
frequency of bronchitic symptoms, cough and phlegm, wheezing, and decrements
in lung function as measured by forced expiratory volume in workers exposed to
diesel exhaust. Exposure-effect relationships in these studies are often obscured
by confounding factors such as the presence of mine or coal dusts." The chronic
Reference Exposure Level (REL), which is used to assess potential chronic, non-
cancer health risks associated with exposure to diesel particulate matter, is based
on respiratory health effects and thus takes into account those health effects
discussed by the commenter.
Comment:
The health risk assessment is based on estimates of average truck trips per week
(115), but not high-end estimates (150). The risk must be presented for high-end
as well as average conditions.
Staff Response:
According to the Office of Environmental Health Hazard Assessment, excess
cancer risk and chronic risks are based on long-term exposure. Because the risks
are based on long-term exposure, it is appropriate to use an average annual
operational scenario to address health risks. Thus using the average truck trips
per week is an appropriate methodology for conducting the risk assessment.
The model was also run with 158 trucks instead of 115 as well by the air quality
consultant. The results indicated that the cancer risk at the nearest receptor (the
apartments just to the west of the project building) for 158 trucks would increase to
1.47 in a million, and the chronic hazard index would be 0.000922. Both of these
results are well below the significance thresholds of 10 in a million for excess
cancer risk and 1.0 for chronic hazard. In addition, the project traffic study shows
282 existing peak hour trips eastbound on Moss Street near the proposed project
20
ATTACHMENT 11
site, and 260 peak hour trips westbound. The sum of these two values is 542 trips
(see Figure 3-2, LLG Traffic Study, Moss Street west of 3rd Avenue).
Comment:
We are very skeptical of the comparison of ADTs from the current site use to the
Home Depot. These are likely to be very different mixes of vehicles. Customers
drive different vehicles to shop at a Home Depot than they would at a Kmart. Also,
we fail to understand how a restaurant could attract 3,000 vehicle trips per day, as
seems to be the assumption made in the allowable traffic.
Staff Response:
The URBEMIS model was used to estimate emissions from the Home Depot
without comparing with the decrease anticipated from the K-Mart, and indicated
that emissions are less than the City's significance thresholds. No net evaluation
was conducted. The comparison of ADTs was based on the traffic impact analysis
and indicates that there would be a decrease in ADTs based on SANDAG's trip
generation rates for allowable uses on the site within the given building square
footages on site. The traffic study assumed that the 10,600 sJ. restaurant would
generate 1,272 ADTs at the SANDAG trip generation rate of 120 ADTs per 1,000
sf for a sit down restaurant.
To address the comment received regarding the URBEMIS2002 model outputs,
the model was run using the default assumptions contained within the model to
estimate impacts from a Home Improvement Superstore. The default assumptions
assume a lower trip generation rate than was estimated in the traffic impact
analysis, but also rely on default trip lengths and vehicle mix for the San Diego Air
Basin.
To develop a site-specific analysis that accounts for the maximum number of truck
trips anticipated and adjusts for the ADTs predicted for the 3rd Avenue Home
Depot, the URBEMIS2002 model was rerun with default assumptions adjusted. It
was assumed that the trips generation rate would be 46.7 trips per 1000 square
feet, for a total of 6,020 ADTs. It should be noted that the Traffic Impact Analysis
does not report or account for the way trucks are treated in the trip generation
model assumptions; truck trips are often treated as "passenger car equivalents" in
traffic models and thus ADTs are increased accordingly to account for truck traffic.
No adjustment was made for this assumption in the UREBEMIS2002 model run.
To address the comment regarding the vehicle mix in the URBEMIS2002 model,
the initial analysis included the default vehicle mix to estimate traffic emissions.
The default vehicle mix assumes the following:
21
ATTACHMENT 11
Vehicle Tvpe Percent Tvpe Non-Catalvst Catalvst Diesel
Light Auto 55.00 1.60 98.00 0.40
Light Truck < 3,750 Ibs 15.00 2.70 95.30 2.00
Light Truck 3,751- 5,750 16.20 1.20 97.50 1.30
Med Truck 5,751- 8,500 7.20 1.40 95.80 2.80
Lite-Heavy 8,501-10,000 1.10 0.00 81.80 18.20
Lite-Heavy 10,001-14,000 0.40 0.00 50.00 50.00
Med-Heavy 14,001-33,000 1.00 0.00 20.00 80.00
Heavy-Heavy 33,001-60,000 0.90 0.00 11.10 88.90
Line Haul> 60,000 Ibs 0.00 0.00 0.00 100.00
Urban Bus 0.20 0.00 50.00 50.00
Motorcycle 1.70 76.50 23.50 0.00
School Bus 0.10 0.00 0.00 100.00
Motor Home 1.20 8.30 83.30 8.40
Because there would be a maximum of 30 trucks per day traveling to the Home
Depot, and because the project would not generate school bus trips, the default
vehicle mix in the URBEMIS model was adjusted to increase the heavy-heavy duty
truck trips from 0.9 percent to 1.0 percent, and to eliminate school bus trips.
Furthermore, for conservative purposes, it was assumed that 100 percent of all
heavy-heavy duty truck trips would be diesel trucks instead of a mix of catalyst and
diesel trucks. The remaining vehicle mix assumptions were not adjusted. It should
be noted that the revised assumptions result in the following estimated average
daily trips for each category of vehicles:
Vehicle Type Daily Trips
Liqht-dutv Auto 3,311
Liqht Truck < 3,750 Ibs 903
Liqht Truck 3,751- 5,750 976
Med Truck 5,751- 8,500 434
Lite-Heavy 8,501-10,000 66
Lite-Heavy 10,001-14,000 24
Med-Heavy 14,001-33,000 60
Heavy-Heavy 33,001-60,000 60
Urban Bus 12
Motorcvcle 102
Motor Home 72
TOTAL 6,020
Thus the assumptions used in the analysis result in not only 60 heavy-heavy duty
truck trips traveling to and from the Home Depot per day, but in addition, 434
21
ATTACHMENT 11
medium truck trips, 66 light-heavy (8,501-10,000 Ibs) truck trips, 24 light-heavy
(10,001-14,000 Ibs) truck trips, and 60 medium-heavy truck trips.
To address site-specific travel distances, as discussed in the Traffic Impact
Analysis, the trip distances were evaluated based on the relative location of other
home improvement stores. A review of Mapquest identified the nearest seven
Home Depot locations to the site. It was assumed that the 3rd Avenue Home
Depot store would attract customers from approximately half the distance or closer
from each of these locations. The locations and their distances from the 3rd
Avenue site are shown below.
Existing Home Depot Store Distance to Site,
miles
725 Plaza Court, Chula Vista 3.54
1320 Eastlake Parkwav, Chula Vista 8.11
525 Saturn Blvd., Imperial Beach 2.56
355 Marketplace Ave., San Dieqo 8.88
950 Dennerv Road, San Dieqo 5.07
1601 Precision Park Lane, San Ysidro 6.28
7530 Broadway, Lemon Grove 14.81
Averaqe Distance to Other Home Depot Locations 7.036
Half the Average Distance 3.518
In addition, the average minimum winter and maximum summer temperatures for
Chula Vista were obtained from the Western Regional Climatic Center database
(www.wrcc.drLedu) and used to estimate maximum winter and summer daily
emissions.
Based on these revised assumptions, the emissions were calculated for the year
2008 in the URBEMIS2002 model. A revised Table 6 is presented below. The
emissions would be less than significant. Copy of the computerized model
program is available in the Planning and Building Department files.
Table 6
OPERATIONAL EMISSIONS
CO ROC I NOx I SOx I PM10
Lbs/dav
Natural Gas Usaqe 1.05 0.09 1.25 0.00 0.00
Landscapinq 0.78 0.12 0.00 0.00 0.00
Vehicular Emissions 370.22 33.28 47.12 0.19 32.31
Emerqency Generator 0.56 0.21 2.60 0.17 0.18
TOTAL 372.61 33.70 50.97 0.36 32.49
23
ATTACHMENT 11
Siqnificance Criteria 550 55 55 150 150
Significant? No No No No No
Comment:
We are very concerned that there is no assessment of the cumulative impact on
localized air quality. There must be analysis that includes other sources of PM and
Diesel PM in the area.
Staff Response: As discussed on Page 24 of the report, "Based on the ARB's
California Almanac of Emissions and Air Quality - 2005 Edition (ARB 2005), the
relative cancer risk attributable to diesel particulate emissions in San Diego County
ranged from an estimated 870 in a million in the year 1990 to an estimated 420 in a
million for the year 2000. Based on these estimates, the HRA results of 1.07 in a
million excess cancer risk for residents near the project site is lower overall than
that predicted for residential exposure to diesel particulate Countywide." This
discussion was based on the ARB's California Almanac of Emissions and Air
Quality - 2005 Edition (ARB 2005). Background particulate concentrations were
also provided in Table 2 on Page 5 of the report.
Comment:
The analysis of cancer risk included only diesel particulate matter. Of course, this
may be the major pollutant of concern, but it is not the only one. Benzene and
butadiene, for instance, must be studied as well. These pollutants should be
included in the cancer risk assessment.
Staff Response:
The health risk assessment focuses on diesel particulate matter. Diesel particulate
matter is the risk-driving chemical in truck exhaust. According to the California Air
Resources Board's "Proposed Identification of Diesel Exhaust as A Toxic Air
Contaminant, Part A: Exposure Assessment" (ARB 1998), the substances
identified in diesel exhaust that are considered toxics include benzene and 1,3-
butadiene, as well as 39 additional components. Thus the diesel risk assessment
does account for emissions of and exposure to benzene and 1 ,3-butadiene within
the toxicity factors.
According to the SCAQMD CEQA Handbook in Section 10, Table 10-2, facilities
where benzene would potentially be associated with risks would include gas
stations, refineries, organic chemical manufacturing, pharmaceuticals, and food
processing where substantial emissions of benzene could occur due to the type of
operation. Emissions of 1,3-butadiene would potentially be associated with risks
due to incomplete combustion of petroleum-derived fuels, petroleum refining,
certain fumigant production, and styrene- butadiene copolymer production.
Emissions of benzene and butadiene from personal automobiles are small and do
24
ATTACHMENT 11
not contribute substantially to the excess cancer risk; retail facilities are not cited
as major sources of emissions of these pollutants. With regard to diesel
particulate, the diesel particulate unit risk factor accounts for the mix of pollutants
contained within truck exhaust.
Comment:
We are very concerned that there is no assessment of the cumulative impacts.
Staff Response: Neither the traffic, noise, nor the air quality reports found a
cumulative significant impact contrary to the statement in the comment. Traffic
found the traffic volume below the allowable traffic volume for the existing buildings
on the site. As a result there is no increase in cumulative air impacts due to the
reduction of traffic. Further the current drive distance to a Home Depot will be
reduced which will reduce exhaust in the air basin. The reduction of traffic at
sensitive traffic volume intersections will also reduce contribution to cumulative
impacts on the air basin. Thus it will not add to the cumulative levels of air
pollution. The commentator states, "Even chronic, low-level traffic noise at 50-60
dB can adversely affect children." Chula Vista in 1985 adopted Ordinance No.
2101 adding Section 19.68 to the Municipal code entitled "Performance Standards
and Noise Control." The applicable noise standard for multi-family residential zone
in the municipal code between 7 a.m. and 10 p.m. is 60 dB LEO. Other agencies
such as Department of Housing and Urban Development (HUD) in the Code of
Federal Regulations Title 24, Part 51, "Environmental Criteria Standards" establish
land use guidelines of DNL 65 dB as acceptable. The noise thresholds utilize for
this study is the lead agencies criteria. The mitigation measure will achieve this
level by requiring deliveries to occur between 7 a.m. and 10 p.m. The noise level
at the closest single-family homes across Moss Street will be well below the single-
family residential standard of 55 dB LEO between 7 a.m. and 10 p.m. The noise
report was analyzed for cumulative noise as well as near term noise and found not
to be significant. The reports do not rely on de minimus criteria for cumulative
impacts.
25
ATTACHMENT 11
DRAFT
RCC Minutes
- 2 -
December 4. 2006
NEW BUSINESS
1. Presentation on the Chula Vista NatureScape Program
Mr. Brendan Reed (Environmental Resource Manager) presented an overview of the
NatureScape Program, a community-based initiative promoting nature friendly landscaping
and gardening. Residents can have their yard/garden certified as an official National Wildlife
Federation backyard habitat. Mr. Reed discussed the goals, what NatureScapes are,
backyard habitat certification and community certification. The first workshop is scheduled
for the end of February 2007.
Commission Comments
Commissioner Mosolgo asked the following questions:
. Will there be a schedule for emptying rain barrels?
. How will you increase the awareness between yards and open space?
Staff satisfactorily provided information to the Commissioners' questions.
2. IS-06-007 --- Home Depot, 1030 Third Avenue
Mr. John Ziebarth (Ziebarth Associates, 2800 Fourth Avenue, #204, San Diego, CA 92102)
described the proposed project and architecture.
Ms. Maria Muett (Associate Planner) presented an overview of the proposed project and
identified potential environmental effects.
Commission Comments
Commissioner Stillman questioned the sentence regarding Level of Service "D" at the
bottom of page 4 of the Mitigated Negative Declaration.
Commissioner Gilgun asked if any responses had been received from the public noticing.
Commissioner Mosolgo requested that staff provide larger site plans in the packets from
now on. He had the following questions and concern:
. What type of drainage control will be provided for the outside garden center?
. Is the storm drain at the site at capacity?
. He would like the plan to incorporate more bio-swales.
Public Comments
Ms. Teresa Acerro (3730 Festival Court, Chula Vista, CA 91911) presented a PowerPoint
presentation showing disturbing outside storage conditions at other Home Depots. She
stated that a different alternatiye such as rotating the building should be considered because
the noise from the numerous delivery trucks would have a significant impact on the many
DRAFT
1\ (\7\-( . ~'ll'~ L C rl ! r I 2
DRAFT
Ree Minutes
- 3 -
December 4. 2006
residences to the west and the hospital to the south. The delivery area/loading docks should
be further away from the people. Ms. Acerro indicated that she had a petition signed by
many of the residents.
Commission Comments (Cont'd)
Commissioner Stillman indicated that she had problems regarding air quality and noise.
Commissioner Macias felt that anything you do, there is going to be problems.
Commissioner Mosolgo had the following concerns:
. He felt that there would be a queuing problem on Third Avenue because of more
traffic.
. On page 7 of the Mitigated Negative Declaration, Commissioner Mosolgo indicated
the last paragraph under Hydrology and Water Quality seemed very confusing.
Staff provided information and clarification to the Commissions' questions and concerns.
MSC (Jasek/Macias) that the RCC find the Initial Study adequate and recommend
that the Mitigated Negative Declaration be adopted. Vote: (5-1-0-1) with Gilgun
opposed and Davis absent.
Commissioner Gilgun made a motion to look at other alternatives to mitigate noise.
After some discussion, she withdrew her motion.
MS (Stillman/Gilgun) that the RCC recommend that the Design Review Committee
consider repositioning the location of the building so it backs up against Third
Avenue and faces west.
Discussion
Commissioner Stillman stated that it is a moral opportunity that we see that the noise and air
standards be applied.
Vice-Chair Jasek stated that the applicant has gone far and above. What the applicant has
planned is going to be a significant improvement in comparison to what is there now. Vice
Chair Jasek suggested that the City could improve their code enforcement for existing Home
Depots. He also stated that this would likely reduce the impacts that Commissioner Stillman
is thinking about trying to minimize by design. Vice Chair Jasek further stated that it was
unfortunate that this item came before the RCC at a time in the process when it is not
economically sound to require a redesign. He suggested that possibly the City could
consider bringing projects to the RCC for input earlier in the process. Mr. Jasek concluded
that the CEQA document was, however, adequate.
Vote tied: (3-3-0-1) with Reid, Jasek and Macias opposed and Davis absent.
DRAFT
DRAFT
RCC Minutes
-4-
December 4. 2006
Mr. Luis Hernandez (Development Planning Manager) stated that the vote could be
appealed to the Planning Commission.
Vice-Chair Jasek left the meeting at 5:54 p.m.
3. Overview of the Historic Preservation Implementation Program
Ms. Tessitore-Lopez (Associate Planner) presented an overview of the Historic Preservation
Program Framework and Work Program Methodology that staff is taking forward to the City
Council on December 19, 2006. Ms. Tessitorie-Lopez stated that she would be coming back
to the RCC at a later date asking them to appoint a representative and an alternate to the ad
hoc interim Historic Preservation Committee. This ad hoc Committee would be established
until the formation of the permanent Historic Preservation Committee.
Commission Comments
Chair Reid asked if the proposed historic survey might have different levels of detail.
Commissioner Mosolgo stated that it would be great if there were a level of historic
significance attached to the framework.
Commissioner Gilgun stated that the proposed program would standardize the process so
people would know what is required.
Commissioner Stillman had concerns regarding the interim Historic Preservation Committee
in the proposal. She stated that the interim committee should be comprised of members who
the certified local government considers certified qualified. Staff should adhere to the criteria
of members appointed to the special advisory committee. At the moment, staff has the RFP
going out before the interim committee is selected. Commissioner Stillman thought that the
interim committee should provide input on the scope for the RFP.
ENVIRONMENTAL PROJECTS MANAGER COMMENTS: Ms. Marisa Lundstedt
(Environmental Projects Manager) stated that there would be an RCC meeting on December
18, 2006.
CHAIR COMMENTS: Chair Reid requested that an updated roster be provided to the RCC
members.
DRAFT
DRAFT
RCC Minutes
- 5 -
December 4. 2006
COMMISSIONER COMMENTS
Commissioner Gilgun updated the Commissioners on what was discussed at the last
Redevelopment Advisory Committee (RAG) meeting. The meeting was about cleaning up the
B3,1'ront Brown Field site in Southwest Chula Vista property. The next meeting of the RAC is
scheduled for Thursday, December +4 Z. 2006.
Commissioner Mosolgo read about the major clean up and abatement on the Bayfront. He
requested a presentation before the RCC regarding water quality sampling for the Bay.
Mr. Earl Jentz (397-A Third Avenue, Chufa Vista, CA 91910) had a question about the RFP and
indicated that he was interested in the Historic Preservation Program.
ADJOURNMENT: Chair Reid adjourned the meeting at 6:31 p.m. to a regular meeting on
Monday, December 18, 2006, at 4:30 p.m. in the Ken Lee Building Conference Room, 430 "F"
Street, Chula Vista, CA 91910.
Prepared by:
Linda Bond
Recording Secretary
(J:\Planning\RCC\2006\RCC 1 20406Mins)
DRAFT
CHULA VISTA
PLANNING
COMMISSION
AGENDA STATEMENT
Item: ~
Meeting Date: 03/21/07
ITEM TITLE:
PUBLIC HEARING: Consideration of the following applications
filed by Alejandro Sanchez for 1.92 acres known as Marsella Villas
on the north side of Ada Street between Frontage Rd and Industrial
Blvd.
PCZ 06-05; Rezone from R-2-P, One and Two Family Residence,
Precise Plan to R-3-P, Apartment Residential, Precise Plan zone,
and amending the adopted Precise Plan Modifying District to
include Precise Plan Development Standards
PCM-07-15; Establishment of Precise Plan for 1.92 acres known as
Marsella Villas
SUBMITTED BY: Director of Planning and Building
INTRODUCTION
This is a request to Rezone and establish Precise Plan development standards for 1.92
acres within the Palomar Gateway planning district (see Locator) in order to develop the
property with 40 multi-family residential condominium units with the potential to add up
to 7 additional units in the future. The proposal implements and is consistent with the
recently adopted General Plan goals and objectives for this planning area (see Attachment
7).
BACKGROUND
The site is located within the Palomar Gateway Planning area, which was fonnerly a part
of the Montgomery Specific Plan. An existing "P"- Precise Plan Modifying District,
covers the site. Both were adopted in January of 1990, and pre-date the most recent
amendment of the General Plan. The original intent of the Precise Plan Modifying
District was to enable discretionary review of development to implement the
requirements of the Montgomery Specific Plan, however, detailed development standards
were not established at the time. The Specific Plan was repealed by the City Council in
December 2005.
In May of 2004, the Merged Chula Vista Redevelopment Area was created, which
included the project site in the expanded the City Redevelopment Area (Southwest Area).
PCM -07 -15/PCZ-06-005
Page 2
As of January 2006, all Redevelopment quasi-judicial applications are required to go
through a new process involving the newly created Redevelopment Advisory
Commission (RAC) and ultimately the Chula Vista Redevelopment Corporation (CYRC)
for final review and approval. Applications for this project were submitted prior to the
creation and operation of the RAC and CYRC, and have been presented to the DRC to
obtain input and direction. Based on City policy to smoothly transition projects from the
former system to the new RAC/CYRC process, this project is being processed under the
old planning / environmental process, and the Design Review application will be
transmitted to the Redevelopment Agency for review and approval. The Rezoning and
Precise Plan applications require a legislative action, and therefore, must follow the
standard Planning Commission and City Council process.
The Design Review Committee considered the Design Review application on February 5,
2007, and voted 5-0-0 to recommend approval to the Redevelopment Agency. The
project's Design Review application proposes 16 town home dwelling units at 790-812
Ada St. (Site "A") and 24 units at 778-780 Ada Street (Site "B"). Each town home unit
includes 3 bedrooms, 3 baths, and a 2-car garage, and ranges in size from 2,163 - 2,228
square-feet, including garages. Site C (792-794 Ada Street) is owned by Mr. Cao-
Romero, who has not submitted a Design Review application yet. The Design Review
plans have been designed to permit the Site C to be redeveloped in the future with town
homes, auto and pedestrian access in a way that will enable the design of Site C to be
integrated with the approved design for Sites A and B.
In December 2005, the General Plan designation for the project site was amended from
Residential-Low Medium (3-6 dwelling units per acre) to Mixed-Use Transit Focus Area,
and the site included in the future Palomar Gateway District, which anticipates
preparation of a future Specific Plan or Master Plan for the area. The preparation of this
Specific Plan/Master Plan has not commenced yet.
The General Plan designation for the site is Mixed Use Transit Focus Area, which
permits mixed-use residential/commercial development. The Mixed Use Transit Focus
Area allows rezoning of the site from R-2-P to R-3P. The General Plan also prescribes
the adoption of a Specific Plan to guide the development of this planning area. However,
the project was submitted prior the adoption of the General plan update, which at that
time contained draft goals and objectives for this area, including a vision plan. Based on
the draft policies of the draft General Plan Update, staff agreed to process the application
with the caveat that an urban designer be retained by the City, as an extension of staff,
and paid by the applicant to translate the then draft general plan goals objectives for this
area into an urban design strategy. The urban design strategy was necessary to insure that
development proposal is consistent with the General Plan.
Staff and the property owners hired the land use consultant Downtown Solutions to
prepare the urban design strategy, entitled "Palomar Gateway TOD District Conceptual
Development Strategy". This document, while not formally adopted by the City, provides
an expert analysis of how transit-oriented design guidelines can be applied to the Palomar
Gateway District. The urban design strategy seeks to:
PCM -07 -15/PCZ-06-005
Page 3
(1) Strengthen the Palomar Gateway's role as the southern entrance into the City by
enhancing the Palomar Street 1-5 fteeway overpass and Palomar Street between 1-
5 and its intersection with Industrial Boulevard;
(2) Cluster housing, neighborhood retail and services, and parks around the Palomar
Trolley Station; and
(3) Develop the Palomar Gateway as an activity corridor by improving pedestrian
connections; and
(4) Identify a number of urban design features to achieve the transit and pedestrian
oriented goals of the General Plan. The features that apply to the development
proposal include; a mid-block pedestrian passage way from Ada to Palomar
Street, higher densities, open space and multi-family housing design
recommendations to promote the use of the public transportation and a pedestrian
ftiendly neighborhood.
AJthough a specific plan has not been prepared for the planning area, as prescribed in the
General Plan, the development proposal observes the urban design strategy that provides
the initial tools to create a very cohesive neighborhood.
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-06-005, in accordance with the California Environmental Quality Act. Based
upon the results of the Initial Study, the Environmental Review Coordinator has
detennined that the project could resuJt in significant effects on the environment.
However, revisions to the project made by or agreed to by the applicant would avoid the
effects or mitigate the effects to a point where clearly no significant effects would occur;
therefore, the Environmental Review Coordinator has prepared a Mitigated Negative
Declaration, IS-06-005 (see Attachment 5).
Additional comments were received from the public subsequent to the 30-day MND
review period. These comments have been addressed in the Public Comments and Staff
Reponses attachment (see Attachment 8).
RECOMMENDATION:
Adopt the attached Planning Commission Resolution PCZ-06-005/PCM-07-015,
recommending that the City Council adopt the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program IS-06-005; and adopt the attached Draft
City Council Ordinance based on the findings and subject to the conditions contained
therein.
PCM -07 -15/PCZ-06-005
Page 4
DISCUSSION:
Project Site Characteristics:
The project is a l.92-acre site located in the Palomar Gateway District, south of Palomar
Street and west ofIndustrial Avenue. The project consists of three contiguous parcels on
the north side of Ada Street between Frontage Road and Industrial Boulevard (see
Locator). The site is level and presently contains a mixture of occupied and vacant single-
family detached homes. The existing neighborhood includes a mixture of older single -
family homes and multi-family development established while the area was part of the
unincorporated Montgomery neighborhood, prior to its annexation to the City. Newer
multi-family development including duplexes and townhomes has occurred since
annexation.
Proj ect Description:
The project requests approval of two applications for the site, including a rezone and a
precise plan as follows:
(I) The rezone (PCZ-06-05) requests a change trom R-2-P, (One and Two Family
Residence with a Precise Plan Modifying District, to R-3-P, (Apartment Residential with a
Precise Plan Modifying District) including the modified development standards for
building height, front and rear yard building setbacks, and for vehicular and pedestrian
access (see Attachment 4).
(2) The Precise Plan (PCM-07-15) requests approval of a precise plan map to direct the
future development of the property (see Attachment 2).
Compliance with Development Regulations:
General Plan CV Municipal Code Existing Land Use
Zoning
Site Transit Focus Area Existing: Single-Family Residential
One and Two Family
Residence - Precise Plan
(R-2-P)
Proposed: Apartment
Residential-Precise Plan
(R-3-P)
North Transit Focus Area Commercial Single-Family Resideotial;
Thoroughfare Mobile Homes;
-Precise Plan Vacant land
(CTP)
PCM -07 -15/PCZ-06-005
Page 5
South High Density One and Two Family Siogle-Family
Residential Residence - Precise Plan Residential/Duplexes
(18-27 dulacre) (R-2-P)
East Transit Focus Area One and Two Family Existing Multi-Family Residential
Residence - Precise Plan
(R-2-P)
West Transit Focus Area Apartment Residential Single-Family Residential
(R-3)
ANALYSIS:
Rezone
In recommending approval of the requested Rezone, staffrelies on the following points:
The applicant has requested a rezone from the R-2-P zone (One and Two family
Residential, Precise Plan) to R-3-P (Apartment Residential, Precise Plan, 18-27 dwelling
units per acre) zone, and has requested to modify the development standards of the R-3
zone for the building height, as well as the front and rear yard building setbacks (see
OrdinanceiPrecise Plan Standards, Attachment 4).
The General Plan designation for the project site is Mixed-Use Transit Focus Area. The
General Plan includes policies that direct the future Specific Plan or Master Plan to
include design guidelines or zoning to establish the following uses and standards for the
Mixed Use Transit Focus Area, including:
. High-density residential within walking distance of regional transit facilities
(trolley and bus service). A district-wide gross residential density of 40 du/acre is
envisioned;
. Mixed uses with residential above commercial and office;
. Building heights in the Mixed Use Transit Focus Area are anticipated to be low to
mid rise;
. Establish pedestrian connections and support services for residents and transit
station users.
The site is adjacent and contiguous to other areas that are designated as a Transit Focus
Area and zoned (R-3) Apartment Residential to the south and west, and (CT) Commercial
Thoroughfare to the north. The surrounding area includes Mobile Horne Park and
proposed multi-family dwellings on the north, multi-family dwellings on the south and
southeast, and single-family homes to the west.
The property to the north of the project site is the 5.3-acre "Pumpkin Patch" property,
which is presently being developed by the Olson Company. This site is also designated
Mixed-Use Transit Focus Area. It is envisioned by the City to be one of the key
PCM -07 -15/PCZ-06-005
Page 6
properties in implementing the Palomar Gateway District's VISiOn for transit-oriented
development, because it is planned to contain a mixed-use commercial/office/residential
component directly across Industrial Ave. from the trolley station, and also will include a
high-density residential component. To achieve the goals of the General Plan, and to
implement the "Urban Design Strategy" it is important that pedestrian access connections
be preserved from the project to this site, thus, staff recommends easements to ensure
future vehicular and pedestrian access between the Pumpkin Patch site and Site B of the
project site.
The trolley station is located less than \14 of a mile (approximately 900 feet) east of the
project site, within easy walking distance. Since research has shown that high-density
housing and appropriate office and commercial uses adjacent to transit lines will generate
ridership that supports transit and eliminates vehicle trips, the project site is ideal site for
higher residential densities.
Although the overall density of the project at 25 du/acre is less than the 40 dwelling unit
per acre density targeted by the Transit Foucus Area designation, it is still consistent with
the General Plan policies because the 40 dwelling unit per acre density is an overall target
density for the Palomar Gateway District. It is envisioned that some properties such as
Marsella Villas will develop at slightly lower densities while others such as the Pumpkin
Patch will develop at higher densities, to attempt achieve an overall density of 40 du/acre.
Also, a gradual lowering of density is envisioned southerly from the Pumpkin Patch and
Trolley Station areas.
The City has not adopted a high-density residential or mixed-use zone that can
accommodate 40 dwelling units per acre at this time; therefore, the R-3 -P zone is most
appropriate. The maximum theoretical density achievable using the R-3-P zone and 3
bedroom units proposed for this site is 26 units per acre. The rezone is necessary to come
as close as possible to the 40 dwelling unit per acre density envisioned by the General
Plan Goals and Objectives.
After considering all of the above factors, staff has concluded that proceeding with a
rezone to R-3-P prior to the adoption of the future Specific Plan, is the most effective
way to establish high-density residential development standards in a manner that
complies with the City's updated General Plan policies and Zoning Ordinance.
Furthermore, application of the amended Precise Plan guidelines is appropriate because
the underlying R-2-P zone regulation does not allow multi-family development standards
needed to achieve a high -density residential project design.
Precise Plan
The proposed precise plan guidelines will permit modified development standards more
typical of high density, pedestrian-oriented residential development. The guidelines will
permit reduced setback areas in exchange for a centralized common open space area,
increased building heights, and vehicle and pedestrian connections to off-site properties.
The precise plan standards will apply to the entire 1.92 acre site, and will facilitate not
only the development of Sites A and B, for which the Design Review application is in
PCM -07 -15/PCZ-06-005
Page 7
process, but also the future re-development of Site C. The proposed precise plan
guidelines, which will act as the modified R-3-P Zoning Standards for the project area,
are listed in the following table:
Precise Plan Development Standards
Maximum Floor Area Per Unit: 2,400 sq. ft.
(including garage)
Minirnum Building Setbacks: Front: 5 feet (public street)
Side: 10 feet (east/west property line)
Rear: 7 feet (north property line)
Building to Building:
Side: 10 feet
Driveway: 28 feet
Building Height: 35 feet / 3 stories
(Measured to mean height level between eave
and ridge - per CVMC 19.04.038)
Building Type: Dwellings, Townhouses
Open Space 400 square-feet of common useable open space
per 2-bedroom unit, with a 20% increase in
common useable open space for each additional
bedroom.
60 square feet of private open space per unit.
Pedestrian Access: Min. 20 foot wide pedestrian access easement
including a 5-foot wide public sidewalk at the
common boundary of Site B (778-780 Ada) &
Site C (792-794 Ada) connecting the northerly
property to Ada Street.
A 24 ft. wide reciprocal private street easement
Vehicular Access: from 778-780 Ada St. to the northerly property.
A 24 ft. wide reciprocal private street easement
from Ada St. to the rear of 792-794 Ada Street.
Fencing: Decorative stucco or wood fencing is required.
Maximum height is 5 feet, except 3-1/2 ft in setback
areas adjacent to a street.
Parking Standards: Residential:
2.0 garage spaces per unit
2-car garage:
Min. area: 400 sq. ft.
Min. width (exterior): 20 ft.
PCM -07 -15/PCZ-06-005
Page 8
Access:
To encourage a logical development pattern for Site C, vehicular access to Site C will be
provided by the driveway on Site A to the west, and pedestrian access via the north-south
public pedestrian connection on Site B to the east (see Attachment 2). Therefore, a 24
foot wide reciprocal vehicular access/utility easement across Site A, and a 10- foot wide
pedestrian access easement, including a 5 ft. wide sidewalk on the east side of Site C will
be required. This will provide the future pedestrian connection from Ada Street to the
Pumpkin Patch property, envisioned by the Urban Design Strategy. These will be
included in the Precise Plan Development Standards.
At the request of the Fire Department, the Design Review Committee recommended a
condition of approval of the DRC pennit requiring that an improved emergency access
road and gate be provided prior to issuance of the building pennit for Marsella Villas Site
B (see Attachment 2). Prior to development of the Pumpkin Patch property, this road
would serve as emergency access only, and connect Marsella Villas Site B through the
Pumpkin Patch property to Palomar Street. After development of the Pumpkin Patch
property, a through street is envisioned to connect the two sites. This will provide
convenient access to services for the neighborhood residents, and an additional full
access for police and fire department response. However, it is not presently designed to
comply with public road standards, and therefore would have to comply with private
street standards. To accomplish this connection, staff recommends including a standard in
the Precise Plan guidelines requiring granting of a reciprocal access easement for a future
private street connecting the two sites.
These standards will have a positive impact on the surrounding neighborhood because the
proposed standards allow the applicant to design a project that implements the Transit
Focus Area of the General Plan by providing multi-family development standards that are
consistent with higher density residential and transit-oriented mixed-use development
planned for the area. Such standards will allow the flexibility in establishing new
development standards for building height and setback regulations that will pennit
construction of attached town-home dwelling units with garages, private balconies, and
common open space. Also, pedestrian connections to adjacent properties will be required,
which is appropriate for the area, as it transitions from existing duplex and single-family
development to transit-oriented high-density residential and mixed-use type development.
Common open space will be transferred from traditional front and rear yard setback
areas, to be clustered in the central areas of the site for use as tot lots and recreation areas.
The project as a whole will also include design features such as standards for walls,
fencing, architecture and landscaping that will ensure that pedestrian-oriented design is
provided so that the units will address the streets and sidewalks where appropriate. The
privacy of the adjacent residents will be protected by using buildings, walls and
landscaping to buffer the project's active areas from the adjacent uses. Therefore, staff
recommends approval of the amendment of the Precise Plan Modifying District.
PCM-07-15/PCZ-06-005
Page 9
Conclusion:
For the reasons mentioned above, staff recommends that the Planning Commission adopt
the attached Planning Commission resolution recommending that the City Council adopt
the attached Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program, 18-06-005, and recommending that the City Council approving Rezone PCZ-06-
005, and Precise Plan PCM-07-15 based on the findings and subject to the conditions
contained in the attached Draft City Council Ordinance.
DECISION-MAKER CONFLICTS:
Staff has reviewed the property holdings of the Planning Commissioners and has found
no property holdings within 500 feet of the boundaries of the property that is subject to
this action.
FISCAL IMPACT:
There are no fiscal impacts !Tom the preparation of this report and the processing of the
CUP. All costs are covered by the deposit accounts.
Attachments
1 Locator Map
2 Precise Plan
3 Draft Planning Commission Resolution
4 Draft City Council Ordinance
5 Final Mitigated Negative Declaration
6 Ownership Disclosure Forms
7 General Plan Goals and Objectives
8 Public Comments and Staff Responses on the Marsella Villas MND IS-06-005
J: planninglcasefilesIFY-07IPCZ-06-005 peas
PCM -07 -15/PCZ-06-005
Page 9
Program, IS-06-005, and recommending that the City Council approving Rezone PCZ-06-
005, and Precise Plan PCM-07-15 based on the findings and subject to the conditions
contained in the attached Draft City Council Ordinance.
DECISION-MAKER CONFLICTS:
Staff has reviewed the property holdings of the Planning Commissioners and has found
no property holdings within 500 feet of the boundaries of the property that is subject to
this action.
FISCAL IMPACT:
There are no fiscal impacts from the preparation of this report and the processing of the
CUP. AU costs are covered by the deposit accounts.
Attachments
I Locator Map
2 Precise Plan
3 Draft Planning Commission Resolution
4 Draft City Council Ordinance
5 Final Mitigated Negative Declaration
6 Ownership Disclosure Forms
7 General Plan Goals and Objectives
8 Public Comments and Staff Responses on the MarseUa Villas MND IS-06-005
J: planninglcasefilesIFY-07IPCZ-06-005 pcas
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LOCATOR PROJECT . PROJECT DESCRIPTION:
C) APPLICANT, Alejandro Sanchez PRECISE PLAN I REZONE
PROJECT Proposed Precise Plan and zone change from R2P to R3P for a
ADDRESS, 778,780,790 & 808-812 Ada St new multy-family project.
SCALE: FILE NUMBER:
NORTH No Scale PCM-07 -15 Related cases: DRC-06-28, PCM-07-t5
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RESOLUTION NO. PCZ-06-005/PCM-07-015
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL
ADOPT THE ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING AND
REPORTING PROGRAM IS-06-005, AMENDING THE ZONING
MAPS ESTABLISHED BY MUNICIPAL CODE SECTION
19.18.010 BY REZONING THREE PARCELS LOCATED AT 778,
780, 790, 792, 794, 808 AND 812 ADA STREET FROM R-2-P
(ONE AND TWO F AMIL Y RESIDENTIAL, PRECISE PLAN) TO
R-3-P (APARTMENT RESIDENTIAL, PRECISE PLAN),
ADOPTING PRECISE PLAN STANDARDS, AND
ESTABLISHING A PRECISE PLAN FOR THE PARCELS.
WHEREAS, the area of land, which is the subject of this ordinance is diagrammatically
represented in Exhibit "A" which is incorporated into the ordinance by this reference, and for the
purpose of general description consists of three parcels totaling 1.92 acres, located at 778,780,790,
792,794,808 and 812 Ada Street ("Project Site or Site"); and
WHEREAS, on February 7, 2006, Rezone and Precise Plan applications were filed by Nahum
Mendoza, Alejandro Sanchez, and Roger Cao-Romero ("Applicant") with the Planning and Building
Department ofthe City ofChula Vista requesting an amendment to the adopted zoning map or maps
established by Section 19.18.0 I 0 of the Chula Vista Municipal Code in order to rezone the Project
Site from the R-2-P (One and Two Family Residential, Precise Plan) Zone to the R-3-P (Apartment
Residential, Precise Plan) zone, adopting Precise Plan standards, and establishing a Precise Plan for
the Project Site ("Project"); and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for
cornpliance with the California Environmental Quality Act and has conducted an Initial Study, IS-06-
005 in accordance with the California Environmental Quality Act. Based upon the results of the
Initial Study, the Environmental Review Coordinator has detennined that the project could result in
significant effects on the environment. However, revisions to the project made by or agreed to by the
Applicant would avoid the effects or mitigate the effects to a point where clearly no significant
effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program, IS-06-005.
WHEREAS, The Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program, IS-06-005, was considered by the Design Review Committee voted 5-0-0-0 on February 5,
2007, to recommend that the Chula Vista Redevelopment Agency adopt the Mitigated Negative
Dcclaration; and
WHEREAS, the Planning and Building Director set the time and place for a hearing on the
Project, and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the city and its mailing to property owners within 500 feet ofthe
exterior boundaries of the property, at least 10 days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.,
March 21,2007, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and
said hearing was thereafter closed.
WHEREAS, the Planning Commission finds that the Mitigated Negative Declaration and
Mitigation Monitoring Program (IS-06-005), has been prepared in accordance with requirements of
CEQA, the State CEQA Guidelines and the Environmental Review Procedures ofthe City ofChula
Vista; and
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
recommends that the City Council adopt the attached draft ordinance approving Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program, IS-06-005, and the rezone of the
proj ect site adopting the Precise Plan standards, and adopting the Precise Plan, based on the findings
and subject to the conditions contained in the attached Draft City Council Ordinance.
BE IT FURTHER RESOLVED THAT a copy of this ordinance be transrnitted to the City
Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA
VISTA, CALIFORNIA, this 21st day of March, 2007, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
Bryan Felber, Chairperson
ATTEST:
Diana Vargas, Secretary
J:\PlanningICase Files\-06 (FY 05-06)\PCC\ PCC-06-005\PCC-06-005.PCRes
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C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT . PROJECT DESCRIPTION:
C) APPLlCANT1 Alejandro Sanchez EXSITING ZONING
PROJECT Proposed zone change from R2P to R3 for a new multy-family
AOORESS. 778,780,790 & 808-812 Ada SI project.
SCALE: FILE NUMBER:
NORTH No Scale PCZ-06-05 Related cases: DRC-06-28
J:\planning\carlos\Jocators\pcz0605 _zoning.cdr 03.01 .07
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DRAFT ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING MITIGATED NEGATIVE DECLARATION AND MITIGATION
MONITORING AND REPORTING PROGRAM IS-06-005, AMENDING THE
ZONING MAPS ESTABLISHED BY MUNICIPAL CODE SECTION 19.18.010 BY
REZONING THREE PARCELS LOCATED AT 778, 780, 790, 792, 794, 808 AND 812
ADA STREET FROM R-2-P (ONE AND TWO FAMILY RESIDENTIAL, PRECISE
PLAN) TO R-3-P (APARTMENT RESIDENTIAL, PRECISE PLAN), ADOPTING
PRECISE PLAN STANDARDS, AND ESTABLISHING A PRECISE PLAN FOR THE
PARCELS.
I. RECITALS
A. Project Site
WHEREAS, the area ofland, which is the subject of this ordinance is diagrammatically
represented in Exhibit "A" which is incorporated into the ordinance by this reference, and for the
purpose of general description consists of three parcels totaling 1.92 acres, located at 778, 780,
790, 792, 794, 808 and 812 Ada Street ("Project Site or Site"); and
B. Project; Application for Discretionary Approval
WHEREAS, on February 7, 2006, Rezone and Precise Plan applications were filed by
Nahum Mendoza, Alejandro Sanchez, and Roger Cao-Romero ("Developer") with the Planning
and Building Department of the City of Chula Vista requesting an amendment to the adopted
zoning rnap or maps established by Section 19.18.010 of the Chula Vista Municipal Code in
order to rezone the Project Site from the R-2-P (One and Two Family Residential, Precise Plan)
Zone to the R-3-P (Apartment Residential, Precise Plan) zone, adopting Precise Plan standards,
and establishing a Precise Plan for the Project Site ("Project"); and
C. Prior Approvals
WHEREAS, on December 13,2005, the Chula Vista City Council adopted a resolution
amending the Chula Vista General PJan, which included an amendment of the General Plan Land
Use Designation for the Project Site from Residential Low-Medium (3-6 du/acre) to Transit
Focus Area; and
WHEREAS, the Design Review Committee held an advertised public hearing on
February 5, 2007, at 4:30 p.m. in the City Council Charnbers at 276 Fourth Avenue and, after
hearing staff presentation and public testimony, voted 5-0-0-0 to recommend that the Chula Vista
Redevelopment Agency approve the Design Review Application DRC-06-27 and DRC-06-28,
subject to adoption of this ordinance, and
WHEREAS, the Chula Vista Redevelopment Agency held an advertised public hearing on_
_,2007, at _ p.m. in the City Council Chambers at 276 Fourth Avenue and, after hearing staff
presentation and public testimony, and receiving the recommendation from the Design Review
Committee, voted _-_-_-_ to approve the Design Review Application DRC-06-27 and DRC-06-
28 for the Project, subject to adoption of this ordinance; and
Ordinance
Page 2
D. Planning Commission Record on Application
WHEREAS, the Planning Department set the time and place for a hearing on the Project,
and notice of the hearing, together with its purpose, was given by its publication in a newspaper
of general circulation in the City, and its mailing to property owners within 500 ft. of the exterior
boundary of the Project, at least ten (10) days prior to the hearing; and
WHEREAS, the Planning Commission held an advertised public hearing on the Project
on March 21, 2007, at 6:00 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 Mitigated Negative Declaration, the Rezone, adopt the Precise Plan Standards and
adopt a Precise Plan in accordance with the findings listed below; and
WHEREAS, the proceedings and all evidence introduced before the Planning
Commission at the public hearing on the Project held on March 21, 2007, and the minutes and
resolution resulting there from, are incorporated into the record of these proceedings; and
E. City Council Record on Application
WHEREAS, the City Clerk set the time and place for the hearing on the Project
applications and notices of the hearing, together with its purposes given by its publication in a
newspaper of general circulation in the City, and its mailing to property owners within 500 ft. of
the exterior boundaries of the Project Site at least ten (10) days prior to the hearing; and
WHEREAS, the City Council held an advertised public hearing on the Project on _ _,
2007, at 6:00 p.m. in the City Council Chambers at 276 Fourth Avenue; and
WHEREAS, after hearing staffs presentation and public testimony, and receiving the
recommendation of the Planning Commission, the City Council voted _-_-_ to approve the
Mitigated Negative Declaration (IS-06-005) and the Rezone, adopt the Precise Plan standards
and adopt a Precise Plan, in accordance with the findings listed below; and
II. The City Council of the City Chula Vista ordains as follows:
A. Certification of Compliance with California Environmental Quality Act (CEQA)
WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project for
compliance with the California Environmental Quality Act (CEQA) and has conducted an Initial
Study, IS-06-005 in accordance with CEQA.
WHEREAS, based on the results of the Initial Study, the Environmental Review Coordinator
has detennined that the project could result in significant effects on the environment. However,
revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate
the effects to a point where clearly no significant effects would occur; therefore, the
Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-06-005.
B. Independent Judgment of the City Council
WHEREAS, the City Council has exercised their independent review and judgment and
concurs with the Planning Commission, and Environmental Review Coordinator's determination
Ordinance
Page 3
that Mitigated Negative Declaration (IS-06-005), in the fonn presented, has been prepared in
accordance with requirements of the California Environmental Quality Act (CEQA), the State
CEQA Guidelines and the Environmental Review Procedures of the City of Chu1a Vista and
adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
(IS-06-005).
C. The rezoning of the Project Site is consistent with the City ofChu1a Vista General
Plan, as approved on 12/13/05, and public necessity, convenience, the general welfare and good
zoning practice support the amendment to the Municipal Code.
D. The City Of Chula Vista Zoning Map established by Section 19.18.010 of the
Chula Vista Municipal Code is amended to rezone the Project Site as depicted in Exhibit "A"
from the R-2-P (One and Two Family Residential, Precise Plan) Zone to the R-3-P, Apartment
Residential Zone with Precise Plan Modifying District, including Property Development
Standards as represented in Exhibit C.
E. Precise Plan Findings
1. That such use will not under the circumstances of the particular case be
detrimental to the health, safety or general welfare of persons residing or
working in the vicinity or injurious to property or improvements in the
vicinity.
The City Council finds that the proposed precise plan standards contained in
attached Exhibit C will not have a negative impact on the surrounding
neighborhood because the proposed standards allow the applicant to design a
project that is more compatible with higher density residential and transit-
oriented mixed-use development planned for the area. The surrounding area
includes mobile home park and proposed multi-family dwellings on the north,
multi-family dwellings on the east, and single-family homes to the south and
west. Such standards will allow the flexibility in establishing new
development standards for building height and setback regulations that will
pennit construction of attached town-home dwelling units with garages,
private balconies, and common open space, which is more appropriate for the
area, as it transitions from existing duplex and single-family development to
transit-oriented high density residential and mixed use type development.
2. That such plan satisfies the following principles for amendment of the "P"
modifying district as set forth in CVMC 19.56.041:
(a) The City Council finds that the property is unique in tenns of its physical
characteristics. configuration, circulation, social or historic characteristics
requiring special design. The site is located within the Transit Focus Area
General Plan land use designation, which includes goals and objectives
intended to promote high density, transit-oriented residential uses. Because
the zoning intended to implement the Transit Focus Area designation has not
yet been adopted yet; a rezone to the R-3-P zone is the most effective way to
establish high -{jensity residential development standards in a manner that
complies with the City's General Plan and Zoning Ordinance.
Ordinance
Page 4
(b) Council also finds that the site is adjacent and contiguous to other areas that
are designated as a Transit Focus Area and zoned (R-3) Apartment Residential
to the south and west, and (CT) Commercial Thoroughfare to the north. The
adoption of the amended Precise Plan standards will allow the project to be
designed with development standards which will make a more appropriate
transition between adjacent multi family and single family development, and
will also be designed to include walls, fencing and landscaped setbacks that
will help buffer the units adjacent from the adjacent uses, in a manner that the
development of the site will better coexist with adjacent uses.
(c) Council also finds that application ofthe "P" modifying district is appropriate
because the underlying R-2-P zone regulation does not allow multi-family
development standards needed to achieve a high -density residential project
design, and therefore a precise plan modifying district is needed to allow a
more compatible design.
3. That any exceptions granted which may deviate from the underlying zoning
requirements shall be warranted only when necessary to meet the purpose and
application of the Precise Plan. Development of the lot using the development
standards of the R-3 zone would limit the ability of the applicant to propose a
design which:
(a) Meets the goal of providing development standards consistent with the high-
density attached housing, including: (I) 3 story, multi-family townhome
dwelling unit type, (2) 5 foot front yard and 7 foot rear yard building setbacks;
(3) Dedicated pedestrian access; (4) centralized common recreational
facilities. The typical R-3 zone permits 2 story, 28 foot high buildings, and 15-
foot front and rear yard setbacks.
These requested deviations under the Precise Plan are warranted in order to
achieve the purpose of the Precise Plan Modifying District.
4. The approval of this plan will conform to the General Plan and the adopted
policies of the City OfChula Vista.
The project has been designed and evaluated in accordance with the goals and
objectives of the General Plan, including the Transit Focus Area. The Precise
Plan, as described above, will allow the project to be consistent with the goals
and objectives of the General Plan, and the Chula Vista Municipal Code.
F. The Precise Plan and Precise Standards as depicted in Exhibits Band C are
hereby adopted and are supported by the required findings (CVMC Section 19.56.041, as
outlined in Section II (E) above.
Ordinance
Page 5
III. EFFECTIVE DATE. This ordinance shall take effect and be in full force on the thirtieth
day from and after its adoption.
Presented by
Approved as to form by
James D. Sandoval
Planning and Building Director
Ann Moore
City Attorney
Exhibits:
Exhibit A: Rezone Map
Exhibit B: Precise Plan Map
Exhibit C: Precise Plan Standards
Ordinance
Page 6
PASSED, APPROVED, and ADOPTED by the City Council ofthe City of Chula Vista,
California, this day of , by the following vote:
AYES:
Councilmembers:
NAYS:
Councilmembers:
ABSENT:
Councilmembers:
Cheryl Cox, Mayor
ATTEST:
Susan Bigelow, MMC, City Clerk
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO)
CITY OF CHULA VISTA)
I, Susan Bigelow. City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. _ had its first reading at a regular meeting held on the _ day of , 2007
and its second reading and adoption at a regular meeting of said City Council held on the _ day
of ,2007.
Executed this _ day of
,2007.
Susan Bigelow, MMC, City Clerk
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Ada St
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Doroth St
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C HULA VISTA PLANNING AND BUILDING DE PARTM E NT
LOCATOR PROJECT . PROJECT DESCRIPTION:
C9 APPLICANT, Alejandro Sanchez EXSITING ZONING
PROJECT Proposed zone change from R2P to R3 for a new multy-family
ADDRESS, 778,780,790 & 808-812 Ada St project.
SCALE, FILE NUMBER:
NORTH No Scale PCZ-06-05 Related cases: DRC-06-28
J:\planning\carlos\Jocators\pcz060S_zoning.cdr 03.01.07 f::-.'iHiiSt \ A
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Ordinance # Exhibit C PCZ-06-005/PCM -07 -015
Maximum Floor Area Per Unit: 2,400 sq. ft.
(including garage) .
Minimum Building Setbacks; Front: 5 feet (public street)
Side; 10 feet (east/west property line)
Rear: 7 feet (north property line)
Building to Building;
Side; 10 feet
Driveway; 28 feet
Building Height: 35 feet! 3 stories
(Measured to mean height level between eave
and ridge - ner CVMC 19.04.038)
Building Type: Dwellings, Townhouses
Open Space 400 square feet of common useable open space
per 2-bedroom unit, with a 20% increase in
common useable open space for each additional
bedroom.
60 square feet of private open space per unit
with a 6 ft. minimum dimension.
Pedestrian Access; Min. 20 foot wide pedestrian access easement
including a 5-foot wide public sidewalk at the
common boundary of Site B (778-780 Ada) &
Site C (792-794 Ada) connecting the northerly
property to Ada Street.
A 24 ft. wide reciprocal private street easement
Vehicular Access; from 778-780 Ada St. to the northerly property.
A 24 ft. wide reciprocal private street easement
from Ada St. to the rear of 792-794 Ada Street.
Fencing: Decorative stucco or wood fencing is required.
Maximum height is 5 feet, except 3-1/2 ft in setback
areas adjacent to a street.
Parking Standards: Residential:
2.0 garage spaces per unit
2-car garage;
Min. area: 400 sq. ft.
Min. width (exterior): 20 ft.
f'fvl'l~l T C
Mitigated Negative Declaration
.47T4c IIjt1~--<17
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PROJECT NAME:
Marsella Villas
PROJECT LOCA TlON:
778-812 Ada Street
ASSESSOR'S PARCEL NO.:
622-020-05, 51, 65, & 68
PROJECT APPLICANT:
Jorge Sanchez Pedraza
CASE NO.:
IS-06-005
DATE OF DRAFT DOCUMENT:
December 20, 2006
DATE OF FINAL DOCUMENT:
January 22,2007
Revisions made to this document subsequent to the issuance of the notice of availability of
the draft Negative Declaration are denoted by underline.
Prepared by: Benjamin Guerrero, Environmental Projects Manager
A. Proiect Setting
The project site consists of two separate sites on the north side of Ada Street between Frontage Road
and Industrial Boulevard. The site is in an urbanized area in the southwestern portion of the City of
Chula Vista (See Figure I - Location Map). Topography across the site is relatively flat and the
properties presently contain single-family dwelling units with non-native ornamental vegetation. The
site is surrounded by residential development and vacant land as follows:
North:
East:
South:
West:
Single-Family residences, Mobile Home Park and vacant land
Single-Family Townhomes
Single-Family residences
Single-Family residences
B. Proiect Description
The project proposes to approval of rezone and design review applications develop 40 attached
single-family townhome dwelling units on five parcels totaling l.92-acres. The project acreage is
divided into three separate sites; see Figure 2.The westerly project site proposes 16 dwelling units on
0.69 acres, while the easterly-located project site proposes 24 dwelling on 0.96 acres. The parcel
located between the two project sites is being included in the rezone application however, no
development is proposed for this site at this time. The townhornes are proposed as three-story
structures with attached garages. The appropriate number of parking spaces required by the City's
Zoning Codc will be provided. Each of the project sites proposes open court areas with tot lots.
Both development sites will access directly from Ada Street.
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APPROXIMATE SCALE IN FEET
NOTE' ALL DIMENSIONS, DIRECTIONS AND LOCATIONS ARE APPROXIMATE
SITE LOCATION MAP
FIGURE
PROJECT NO,
DATE
11/06
778-812 ADA STREET
CHULA VISTA, CALIFORNIA
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,;:". Change, Precise Plan and
Zone Change and Precise Plan Application
INo'Development Proposed at this time)
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A
SITE VICINITY MAP
778-812 ADA STREET
CHULA VISTA, CALIFORNIA
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2
778-812 ADA STREET
CHULA VISTA, CALIFORNIA
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AREAS ~
778-812 ADA STREET
CHULA VISTA, CALIFORNIA
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Site Boundary
FIGURE
PROJECT NO.
105694003
DATE
11/06
4
---
C. Compliance with Zoning and Plans
The existing zoning of the project sites is R-2-P (One-and-Two-Family Residence Zone with Precise
Plan Overlay). The applicant proposes a change of zone from the existing R-2-P (One-and-Two-
Family Residence Zone with Precise Plan Overlay) to R-3 Zone (Apartment Residential Zoning
District) and the General Plan designation is Transit Focus Area. The proposed project will be
consistent with the regulations of the R-3 Zone and with the goals, policies and density requirements
of the Palomar Gateway Transit Area identified in the City's General Plan.
D. Public Comments
On May 6, 2005, a Notice of Initial Study was circulated to property owners within a 500-foot radius
ofthe project site. The public comment period ended on May 16,2005. No written comments were
received from the public.
On December 21. 2006 a Notice of Availabilitv of the Proposed Mitigated Negative Declaration
for the proiect was posted in the Countv Clerk's Office and circulated to propertv owners within
a 500-foot radius of the proiect site. The 30-dav public comment period closed on January 22.
2007. No written public comments were received during the public review period.
E. Identification of Environmental Effects
An Initial Study conducted by the City of Chula Vista (including an attached Environmental
Checklist form) determined that the proposed project would not have a significant environmental
effect because of mitigation rneasures incorporated into the project, and the preparation of an
Environmental Impact Report will not be required. This Mitigated Negative Declaration has been
prepared in accordance with Section 15070 of the State CEQA Guidelines.
Air Qualitv
Short-Term Impacts
The proposed project will result in a minor increase in air pollutants during the demolition and
construction phases of the project. Fugitive dust would be created during demolition. grading and
construction activities. Air quality impacts resulting from construction-related operations are
considered short-term in duration since construction-related activities are temporary. 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. Mitigation rneasures contained in Section F below would mitigate short-term
construction-related air quality impacts to below a level of significance.
Long-Term Impacts
The project site is located within the San Diego Air Basin (SDAB). Based on the Traffic Impact
Study prepared by Katz. Okitsu & Associates (September 2005), the project would generate
approximately 246 new daily trips. The morning peak hour traffic resulting from the project would
be equivalent to 20 driveway trips and the evening peak hour would result in 22 driveway trips being
generated. Therefore, project generated traffic would not be significant or result in adverse air
quality impacts. The project design and its proximity to the Palomar Trolley station will encourage
2
the use of alternative modes of transportation. For these reasons, the proposed project would not
result in any significant long-term local or regional air quality impacts.
The information provided in Table I shows the current South coast Air Quality Management District
(SCAQMD) CEQA significance thresholds. The City has traditionally used the significance
cmissions thresholds of the SCAQMD, which is responsible for air quality in the urbanized areas of
Los Angeles, Orange, San Bernardino, and Riverside counties. The air quality in the SCAQMD is
much worse than the San Diego Air Basin; therefore, the SCAQMD thresholds are very conservative
for the San Diego area.
lr ua lty ,gn, lcance res 0 s
Pollutant Construction (pounds per day) Operation (pounds per day)
NOx 100 55
VOC 75 55
PM 10 150 150
Sox (oxides of sulfur) 150 150
CO 550 550
Lead (Pb) 3 3
Table I
SCAQMDA Q I S"fi Th hId
Source: SCAQMD 2005
Construction
,ons CIOn mISSIOns - arse a 1 as eve opmen [ pro}ec
Year and Activitv I Pollutant Emissions ( ounds per dav)
VOC NOx CO PM,O
Beginning in 2007
Demolition Phase 7 71 48 12
Grading Phase 5 38 32 2
Building Phase 7 50 55 2
Maximum day 7 71 55 12
Midway through 2007
Building Phase 77 73 91 3
Maximum day 77 73 91 3
Si~nificance Threshold (from Table I) 75 100 550 150
Building - with VOC limit of 200 grams per Ii ter 64 73 91 3
coatings,
C tru( E
M
Table 2
II VII D
t
Demolition, grading, and building phases are sequential and do not overlap. Maximum day is the
maximum from any phase. Bold value ~ exceeds threshold
As shown on Table 2 above, there is a potential for exceeding the volatile organic compounds (VOC)
threshold during the final months of building. The principal source of these VOC emissions is
derived from the architectural coatings that are applied to the buildings. The project is planned to be
built in phases. The calculation is based on URBEMIS default factors for VOC content of paint,
paint coverage per square foot of surface, paint thickness, and surface area to building area ration.
The URBEMIS default emission rate is bascd upon architectural coatings with 250 grams per liter
(g/L) VOC content. SDAPCD Rule 67 limits the VOC content of coatings applied in San Diego
County. General flat coatings are limited to 100 g/L and general non-flat coatings are limited 150
g/L. As most coatings to be used on this project would be general flat and non-flat coatings, it would
3
be feasible to use coatings on the project that averaged less than 200 g/L. With this limitation, the
VOC significance threshold would not be exceeded, as shown in Table 2.
Overations
The estimated operational emissions for this project are shown in Table 3 below. As shown on this
table, none of the CEQA significance thresholds would be exceeded during operation of the project.
The URBEMIS model was used to calculate the input and output data.
Table 3
Operations Emissions - Marsella Villas Development Project
YEAR AND ACTIVITY POLLUTANT EMISSIONS (LBS. Per Dav)
2007 - 41 units occupied VOC NO, CO PMlo
Area emissions 3 < I I 0
Vehicle emissions 3 3 32 3
Total operations ernissions 6 4 33 3
CEQASignificance Thresholds 55 55 550 150
(Table I)
Values are rounded to the whole pound per day; < I is a value greater than 0 and less than 0.5.
Totals may not add due to rounding.
Health Risk Assessment
BACKGROUND
A health risk assessment was prepared to evaluate the potential effects of placement of six residential
units of the proposed 40 units within 500 feet of Interstate 5 in accordance with Policy EE 6.10 of the
General Plan. The policy approved by the City ofChula Vista in December 2005 is as follows:
"The siting of new sensitive receptors within 500 feet of highways resulting from development or
redevelopment projects shall require the preparation of a health risk assessment as part of the CEQA
review of the project. Attendant health risks identified in the HRA shall be feasibly mitigated to the
rnaximum extent practicable in accordance with CEQA, in order to help ensure that applicable
federal and state standards are not exceeded."
The project proposes to develop residential units on two separate lots for a total of 40 attached town
homes. However, only six of the total number of units is proposed to be located within the 500-foot
corridor of the 1-5 freeway. These units will be located on the most westerly lot to be developed.
Only 60 to 80 feet of the most outer area of the westerly lot lies within the 500-foot buffer.
THRESHOLD
The evaluation of toxic air contaminants (T AC) was based on assumptions regarding emissions from
on-road vehicles, including truck traffic and diesel and gasoline-fueled vehicular traffic on 1-5. It
must be stated that there is presently no officially approved methodology to study T AC from
vehicu1ar emissions. The local Air Pollution Control District (APCD), the State California Air
Resources Board (CARB) and the federal Environmental Protection Agency (EP A) have not
developed or provided a standard methodology approach for studying these highway related air
contaminants. The analysis was prepared by Scientific Resources Associated (July 2006) in
accordance with City methodology. Thcre is no state or federally recognized threshold for assessing
these potential impacts.
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The State Office of Environmental Hcalth Hazard (OEHHA) indicates that diesel noncancer risks are
a difficult issue to address. The OEHHA state they have a Reference Exposure Level for noncancer
health impacts from diesel exhaust but that it doesn't incorporate more recent scientific findings on
non cancer health impacts. The OEHHA further states that there is a procedure in OEHHA's
Particulate Matter Health Effects and Standard Recommendations that could be used to calculate
cffects on mortality, however, the applicability to other than very large sources with regional impacts
has not been resolved (OEHHA September 2006). These procedures have not been adopted into
OEHIIA risk assessment guidance for the Hot Spots Program. Hence, the regulatory agencies have
not identified a CEQA threshold for noncancer risks.
METHODOLOGY
The HRA evaluated toxic air contaminants (T AC) on the 1-5 segment near the Ada Street Residential
Development. Data on emissions from traffic traveling on 1-5 was estimated utilizing traffic
projections obtained from the California Department of Transportation (Caltrans). Growth in traffic
was extrapolated to the year 2080 based on CAL TRANS and SANDAG traffic projections for the
period from 2005 through 2030. Mobile source emission factors were obtained by using the
Emission Factors model (EMFAC2002) used by the California Air Resources Board (CARB).
Pursuant to the CARB, the ten (10) T AC compounds that pose the greatest statewide health risk are
acetaldehyde, benzcne, 1,3-butadiene, carbon tetrachloride, hexavlent chromium, para-
dichlorobenzene, formaldehyde, methylene chloride perchlorothylene, and diesel particulate matter
(DPM). According to the Air Resources Board, approximately 70 per cent of the cancer risk can be
attributed to long-term exposure to DPM. The HRA focused on potential risks associated with DPM
from trucks traveling along the segment of 1-5 nearest to the Ada Street residential development.
Additionally, the report also included emission analysis of benzene and 1,3-butadiene from gasoline-
powered vehicles.
The Hotspots Analysis and Reporting Program (HARP) used by the State Office of Environmental
Health Hazard (OEHHA) was used to estimate the high-end excess cancer risks associated with
exposure to T ACs from Freeway vehicles.
CANCER RISK
The Office of Environmental Health Hazard Assessment and Air Pollution Control District have
provided basic guidelines (SDAPCD 2005) for preparing HRA's for stationery sources but not
mobile sources (i.e. highway traffic). The guidelines have developed very conservative exposure
assumptions. These models assume that an individual resident living within the 500 foot corridor of
a freeway would remain in the same location for 70 years, 24 hours per day, seven days per week,
without leaving the residence site. A more realistic scenario may be a duration of nine years and an
upper time limit of thirty years in a residential setting.
Therefore, the HRA report prepared for this project used three exposure assumptions (9 years, 30
years and 70 years) in the HARP model. As it could be expected, the comparative analysis done by
this model showed that less exposure translates to a lower cancer risk. Experience by City staff has
shown that results will vary depending on the models used. It is possible that in the future the
California Air Resources Board will eventually dcvelop a standard air contaminant-testing model for
mobile sources.
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Another source of uncertainty in calculating exposures is the assumption that all individuals will be
subject to the same ambient air conditions and air intake at all times. There is presently no
accounting for such things as body weight, brcathing rates and frequency and length of exposure.
Without the certainty and consistency in this area, the analytical results will tend to overestimate the
risk.
ompanson 0 IS S ase on xposure cenanos
Exposure Scenario Maximum Predicted Excess Cancer Risk
70-year 58.7 in a rnillion
30-year 32.7 in a million
9-year Adult 9.82 in a million
9-year Child 14.5 in a million
C
Table 1
fR' k B d EPA E
S
The HRA Study provided a conservative risk analysis showing that the maximum predicted excess
70-year lifetime cancer risk at any point of the Ada Street project is 58.7 in a million. Using EPA
average and upper bound assumptions of residence duration the study estimated a 30-year cancer risk
of 32.7 in a million and a 9-year cancer risk of 9.82 in a million. The study also estimated a 9-year
cancer risk for a child as 14.5 in a million.
CONCLUSION
Based on the HRA report, there could be potential health risks associated with locating sensitive
receptors within 500 feet of major highways, However, at the present time the regulatory agencies
have neither adopted specific guidelines for the preparation of mobile air toxic Health Risk
Assessments nor have they established appropriate thresholds for detennining significance of
potential irnpacts to health. The proposed project is in compliance with all currently adopted state
and federal standards and therefore the potential impact is not considered significant.
Biological
EDA W, INe. Environmental Consultants conducted a biological assessment on September 2005 of
the subject site. Subsequent city staff site visits were conducted on October 2006. The project site
primarily consists of residential homes and yards (Figure 3). Each residential lot is developed with
houses, accessory structures, decks, paved areas, front lawns and ornamental trees. The project site
is characterized as being totally urban developed land with no potential biological value. However,
several trees occur within the project development site. Birds using the on-site or adjacent trees for
roosting or nesting could be irnpacted by construction noise or lighting through the course of the
project. Nesting birds using trees within the project boundary could be impacted if trees are downed
in the course of construction. These impacts could be potentially significant. Mitigation measures
have been formulated in accordance with the City's MSCP Subarea Plan (Section 5.2.2) regarding
the HUT Ordinance that would avoid and minimize potentially significant direct and indirect
impacts to sensitive biological resources.
Paleontological
A paleontological record search and resource assessment was completed for the project site by Brian
F. Smith & Associates on May 2, 2005. The report identified the project site as forming part of an
area considered by experts in the field of paleontology as having a "high paleontological resource
sensitivity". This rating would require a paleontological monitoring and mitigation program.
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Compliance with the mitigation measure contained below in Section F would avoid significant
impacts to paleontological resources.
Hazards/Hazardous Materials
Soil Contaminants
Ninyo & Moore Environmental Consultants prepared a Phase I Environmental Site Assessment
report on October 6, 2005 for the project site. Historical research conducted as part of the Phase I
report identified the project site as an area formerly dedicated to agricultural uses. The Phase I
recommended a shallow subsurface investigation to evaluate the presence of residual pesticides,
herbicides, and metals. The Limited Soil Sampling Report prepared by Ninyo & Moore on March
24, 2006 detected pesticide samples at above the State of California hazardous waste level of 1.0
mg/kg. Herbicides were not detected on surficial soils and heavy metals in soil were generally found
to be consistent with background concentrations. The Limited Soil Sampling report recommended
that a site-specific health screening assessment be conducted to evaluate human health risk to future
site receptors from pesticides at the site. Additionally, the report recommended that the site
investigation join the County of San Diego, Department of Environmental Health (DEH), Voluntary
Assistance Program (V AP) and that a soil management plan be prepared prior to the initiation of any
soil disturbance activities. The application for the V AP to the DEH was accepted on July II, 2006.
Ninyo and Moore subsequently prepared a Human Health Screening Evaluation (HHSE) for the
subject project site. The purpose of the HHSE was to evaluate if further site characterization and risk
assessment, or site remediation, in regards to residual pesticide contamination in surface soil would
be appropriate. On July 31, 2006, twenty-two additional soil samples were collected from II
locations on the site. The samples were analyzed for organochlorine pesticides by the United States
Environmental Protection Agency (USEPA) test method 8081A.
The following infonnation summarized on Table A is based on Cal/EPA, Department of Toxics
Substances (DTSC), 1996 standards used to measure potential carcinogenic risks to humans. The
risk to receptors for a particular parcel is considered significant if the cancer risk is equal to or
greater than I in I million, or if the non-cancer hazard index is equal to or greater than 1. The sum of
the cumulative cancer risks for chemicals of potential concern for all identified pathways ("the
course a chemical or pollutant takes from the source to the organism exposed" (USEP A 1989) was
quantified as approximately I in 700,000 for an adult receptor in Area A. Since there is a
conservative bias to the quantified values, the I in 700,000 cancer risk values is considered to
approximate I in I million, and therefore is not considered a potentially significant risk to an adult.
The cancer and non-cancer risks to a child receptor in Area A were well below the respective
threshold values. The cancer and non-cancer risk for an adult and child receptor in Area B were also
significantly below the respective threshold values. (See Figure 2)
Receptor Cancer Risk Non-Cancer Hazard Index
Area A (westerlv Darcel)
Adult I in 704,225 0.026
Child I in 1,364,256 0.0153
Area B (easterlv parcel)
Adult I in 1,686,341 0.007
Child I in 3,257,329 0.0041
Table A
Cumulative Cancer and Non-Cancer Risk
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The County DEH Voluntary Assistance Program reviewed the HHSE report on September 27, 2006
and concurred with Ninyo & Moore's recommendation that a soil management plan needed to be
developed. The DEH also required that additional vertical (deeper) soil delineation be accomplished.
Ninyo and Moore consultants performed the additionally required soil sampling and reported the
findings in a Soil Management Plan prepared November 2006. A subsequent Addendum (December
2006) was prepared by Ninyo & Moore at the request of the County DEH. Based on these and
previous soil sampling results, the concentrations of pesticides above the laboratory reporting limits
are found present in surface soils up to depths of about four feet below ground surface. In Area A,
the 80% upper confidence limit (UCL) for detected pesticides indicate that soil excavated from the
top four feet may be characterized as non-hazardous waste if exported off-site for disposal.
However, elevated concentrations of dichlorodiphenyldiccloroethylene and total chlordane in
isolated portions of Area A may result in a state or federal hazardous waste classification if this
particular soil content were exported off-site. In Area B, the 80% UCL for detected pesticides
indicate that soil excavated from the top approximate four feet will likely be classified as non-
hazardous waste. However, based on data from the Soil Management Plan, the grids that represent
the soil sample locations for B-8 and B-9 (See Figure 4) also need to be removed and verified in the
same manner as Area A. The rest of the soils found in Area B may be reused on site.
The County DEli recommended a removal action be performed for site soil containing
concentrations of pesticide that meet or exceed hazardous waste criteria. The Soil Management Plan
and Soil Management Plan Addendum (December 2006) delineate the pre-removal action sampling,
proposed excavation plans and procedures, and post-removal action sampling for the site referred to
as Area A (See Figure 3A) and those portions cited above (B-8 and B-9) for Area B (See Figure 4).
Soil materials to be exported will need to be stockpiled on site and characterized in accordance with
EP A standard SW -846 requirements. Stockpile samples will be analyzed for organochlorine
pesticides by EPA test method 8081 A. A Project Environmental Professional's Field
Engineer/Geologist/Scientist shall observe all soil disturbance activities (including grading and
excavation) and appropriately supervise the excavation and handling of all soils. For purposes of
excavation and handling, material excavated fTom the top four feet will be considered a contaminated
substance unless determined otherwise by analytical testing.
Prior to the initiation of removal action activities, Health Safety Plan (HSP) and a Community Health
and Safety Plan (CHSP), and a Stormwater Pollution Prevention Plan (SWPPP) shall be prepared by
the applicant/developer. These plans shall be submitted the City of Chula Vista for review and
approval prior to soil removal activities initiate.
The handling and management of all soils shall require the implementation of Best Management
Practices to protect temporary stockpiles from erosion and stormwater run-on and run-off, as
specified in a site-specific SWPPP that will be prepared by the Developer/Contractor. The BMPs
include, but are not limited to the following:
. Erosion control,
. Stormwater drainage control,
. Secondary containment (as applicable)
. Fugitive emission control of dust and/or vapors,
. Wind dispersion control, and
. Spill prevention
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DUring activities where dust could potentially be generated (e.g., site grading, trenching, excavating,
drilling, maintaining stockpiles, loading, and transportation) the Developer/Contractor shall employ
dust suppression techniques including use of water applied by trucks, to mitigate impacts to nearby
sensItive receptors (e.g., adjacent residents).
With the implementation of all mitigation measures described herein, the potential adverse impacts
from contaminated soils will resuJt in a less than significant impact.
Lead Containing Surfaces and Asbestos Containing Materials
Based on the Asbestos and Lead-Containing Surface Survey prepared by Ninyo and Moore on March
24, 2006, it was found that the existing single-family structures and accessory buildings proposed to
be demolished contain asbestos materials and lead based paint. The presence of asbestos and lead
materials in a building does not necessarily mean that the heaJth of the occupants is endangered. If
these materials are in good condition and have not been disturbed, exposures are expected to be
negligible. However, abatement of these rnaterials will need to be performed by a licensed and
registered asbestos and lead abatement contractor. The abatement procedure during dernolition must
abide with all applicable local, state and federal laws and regulations, including the San Diego
County Air Pollution Control District Rule 361.145, Standard for Demolition and Renovation. The
mitigation measure contained in Section F below will mitigate potential hazardous materials impacts
associated with the release of asbestos and lead to a level below significance.
Hvdrology and Water Quality
Hydrology
The subject properties are fully developed with residential units. The westerly project area consists
of one drainage area that discharges 0.69 acres southerly into Ada Street. The easterly project area
consists of two drainage areas; Basin A, drains 0.34 acres northerly and Basin B drains .62 acres
southerly towards Ada Street. Based on the hydrology and drainage report prepared by CJ and
Associates on July 2006, the increase in runoff from the proposed project is considered insignificant
and will not aJter or affect any of the downstream drainage facilities. The difference from
predevelopment to post development is only 1.45 cfs for the westerly site and 1.4 cfs for the easterly
project site.
Water Quality
The project sites are located within the Otay River Watershed, Hydrologic Unit Basin number 10.20.
The project would eventually drain towards the south end of San Diego Bay. The project sites are
located about one half mile from the San Diego Bay. Overall, the project area represents a very
insignificant percent of the watershed area.
The proposed project will not significantly aJter drainage patterns on the existing developed site.
The stormwater discharge points will not divert runoff from existing conditions. There will also not
be a substantial increase in runoff. Post construction runoff will be directed into existing City storm
drain facilities. There are no sampling data available for the existing developed site condition.
Additionally, the project is not expected to generate significant amounts of non-visible pollutants.
The following constituents are commonly found on similar developments and could affect water
quality:
. Sediment discharge due to construction activities and post-construction areas left bare
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. Nutrients from fertilizers
. Trash and debris deposited in drain inlets
. Hydrocarbons from paved areas
. Pesticides from landscaping and home use
In order to reduce potential water quality impacts to a level of less than significance Best
Management Practices (BMPs) including detention facilities, if necessary will be implemented to
minimize potential erosion and habitat integrity impacts downstream during construction and post-
construction.
Construction BMPs
. Silt Fence
. Street sweeping and vacuuming
. Storm drain inlet protection
. Stockpile Management
. Stabilized Construction EntrancelExit
. Dewatering operations
. Erosion control mats and spray-on applications
. Gravel bag berm
. Spill prevention and control
Post Construction BMPs
Pollutants of concern as noted above, will be addressed through three types of BMPs. These are site
design, source control and treatment control. The project is designed to minimize the use of
impervious areas. The landscaping wi1l consist of both native and non-native pJants. The rapid
establishment of p1ant materials will reduce erosion. Riprap will be placed at storm drain outfalls to
reduce velocities as applicable. Source control BMPs will consist of educating the homeowners in
measures to prevent polluted runoff. Bio filters will be used to control water quality contamination.
The Engineering Department states that the project wi1l be subject to the requirements of the
Standard Urban Storm Water Mitigation Plans (SUSMPs) and Numeric Sizing Criteria.
With the implementation of Best Management Practices to prevent pollution of storm drainage
systems during construction and after construction the potential impacts to water resources will be
reduced to less than significant.
Noise
Environmental Consultant EDA W, Inc., prepared an acoustical analysis (November 2005; Revised
January 20, 2006) for the proposed project. Noise level measurements were conducted on October
10, 2005 and on January 13, 2006. The study Identified the primary noise source generator as traffic
noise from 1-5, west of the project site. Other sources of noise include vehicles on Palomar Street
and Industrial Boulevard, the trolley on Industrial Boulevard, and the warning signals at the trolley
grade crossing at Palomar Street.
The Environmental Element of the City of Chula Vista General Plan contains applicable noise/land
use compatibility guidelines, which indicate that residential uses are compatible with noise levels
less than or equal to 65 dBA CNEL. Title 24 of the California Administrative Code requires that
residential structures, other than detached single-fami1y dwellings, be designed to prevent the
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intrusion of exterior noise so that the interior CNEL with windows closed, attributable to exterior
sources, shall not exceed 45 dBA in any habitable room.
Construction Noise
Pursuant to Section 17.24.050(J) of the Chula Vista Municipal Code, noisy construction work (unless
associated with ernergency repairs or health and safety matters) is not permitted in residential zoning
districts betwcen the hours of 10:00 p.m. and 7:00 a.m. during weekdays and between 10:00 a.m. and
8:00 a.m. Saturday and Sunday. Project construction work is anticipated to occur between the hours
of 7:00 a.m. and 5:00 p.rn. weekdays only. This provision of the Municipal Code would ensure that
surrounding residents would not be disturbed by construction related noise during the most sensitive
periods of the day.
Traffic Noise
Existing Traffic Noise
The existing and projected noise impacts are associated with increased traffic volumes along Palomar
Street and the 1-5 freeway. Based on actual noise monitoring at the project site, the acoustical report
states that the predominant noise generator is traffic on Palomar Street to the north and 1-5 freeway to
the west of the project site. The measured equivalent noise level (LEQ) for the north building line
was 62. dBA Leq. The measured equivalent noise level (LEQ) for the most westerly building line
was 60 dBA Leq. On main roadways, where nighttime traffic is greater than average, such as 1-5 and
Palomar Street, CNEL is conservatively assumed to be 2 dBA greater than the average daytime noise
level. Therefore, the existing CNEL at the project site at 5 feet above the ground or in other words
the first floor eJevation is estirnated at 63 dBA.
Data collected on January 13,2006, indicated that noise levels at 2"d floor elevations is 2 dBA higher
than at the first floor elevation because there is greater exposure to 1-5. While third floor
measurements were not feasible, it is the judgment of the noise engineer that exposure to freeway
noise would not increase with an additional ten feet in elevation, and that the noise level on the third
floor would also be 2 dBA higher than at the first floor elevation.
Projected Traffic Noise
Noise levels are anticipated to increase in the future as traffic volumes increase on 1-5 and Palomar
Street. Future traffic volumes were obtained from the project traffic report (KOA 2005) and Caltrans
(2005) and from the SANDAG transportation forecast for the City of Chula Vista General Plan,
which is a 2030 study (SANDAG 2004). It was conservatively assumed that average traffic speeds
would not decrease with the increased volumes. The maxirnum exterior and first floor noise levels
would occur at those areas of the site with exposure to 1-5 and Palomar Street. Noise levels would be
less for those units that would have some or all exposure blocked by project buildings.
With these data and assumptions, the maximum future exterior ground floor noise level at the site is
forecast to be 65 dBA CNEL, which equals, but does not exceed the City standard for compatible
noise levels for residential use. The data are shown in Table I below. As future noise levels would
not exceed 65 dBA CNEL, no noise abatement or mitigation measures are required for exterior or
first floor noise.
I]
Table I
Existing and Future Exterior and I" Floor Noise Levels at the Project Site
Contribution to Contribution to
Noise Level at Average Daily Noise Level at
site dBA CNEL Traffic Volumes Site dBA CNEL
Roadwav EXISTING FUTURE
1-5 61 162000 229000 62.5
Palomar Street 58 37500 52500 59.5
Industrial Blvd. 55 7400 11400 56.8
Noise Level 63 65
Noise levels at the second and third floor levels of those areas of the project that have exposure to 1-5
would be greater than at the first floor. The difference between the noise level at the first floor and
the noise level at the second floor would be 2 dBA. Therefore, noise levels of 67 dBA CNEL are
forecast for those areas of the site with exposure to 1-5 and the other principal noise sources, similar
to the existing exposure. The second floor balconies that face north, south and west not having an
intermittent building blocking noise, would be required to incorporate mitigation to reduce potential
noise impacts to less than significant (See Figure 3).
San Diego Trolley Rail Line
Pursuant to the Acoustical Analysis prepared by EDA W, Inc., noise measurements were taken at the
east building line during San Diego Trolley pass-bys. The noise levels did not exceed 62 dBA Leq.
The trolley and rail tracks are located on the east side of Industrial Boulevard and are more than 550
feet from the closest point of the project site. While the noise from passing trains and trolley may be
audible, the fact is that the noise is attenuated by the distance that separates the noise source from the
location of the proposed residential units. In the future noise from these sources will be attenuated
even more by intervening buildings presently being constructed.
Traffic
To identify potential traffic impacts associated with the development of the project, a traffic impact
Assessment was prepared by Katz, Okitsu & Associates on November 2005. The traffic assessment
projected that the project will generate 246 daily trips, with 20 trips occurring in the AM peak hour
and 22 trips occurring in the Pm Peak hour.
The proposed westerly project site will take access from two driveways. Whereas the easterly project
site will take access from one driveway. All access will be from Ada Street, a local residential street.
Based on the location of the project sites and a project trip analysis, it was estimated that 40% (98
vehicular trips) of the daily traffic would use Industrial Boulevard as a secondary access to exit onto
Palomar Street. Accordingly, about 60% (148 vehicular trips) of the daily traffic would use Frontage
Road to access Palomar Street. The proposed project will provide 80 parking spaces pursuant to the
City's zoning ordinance.
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Short-Term Impacts (Year 0 to 4)
Based on the traffic impact assessment results and the project trip generation, it is anticipated that the
project wi1l not result in any significant project specific impacts.
Long-Term Impacts (Horizon Year 2010)
Based on the traffic impact results recorded in the Olson Bayvista Walk Project (See Figure 2A)
Traffic Impact Study prepared by KOA (September 2005), the intersections of Frontage Road and
Walnut Avenue with Palomar Street would operate a deficient Level of Service (LOS) "F" under a1l
conditions and for the Horizon Year (20 I 0). Since the project trips comprise less than 5% of the
total intersection entering volume for each of the intersections listed above, the intersection impacts
would be deemed as cumulative impacts. The construction of a partial median along the centerline of
Palomar Street that would restrict left turns and through traffic at the intersection of Frontage Road
and Walnut Street onto Palomar would result in a LOS "C" under the worst PM peak hour
conditions. Therefore, the project Applicant/Developer will be required to construct the median to
the satisfaction of the City Engineer in order to mitigate the cumulative traffic impact to a level of
less than significance.
E. Mitigation Necessarv to Avoid Significant Impacts
Air Quality
I. The f01l0wing air quality mitigation measures sha1l be implemented during demolition, grading
and construction activities:
a) Minimize simultaneous operation of multiple construction equipment units
b) Trucks hauling dirt and debris sha1l be properly covered to reduce windblown dust and spi1ls
c) Use aqueous diesel fuel and lean NOx catalysts for a1l heavy diesel engine construction
equipment
d) Use electrical construction equipment as practical
e) Use catalytic reduction for gasoline-powered equipment
f) Water the construction area twice daily to minimize fugitive dust
g) Pave permanent roads as quickly as possible to minimize dust
h) Use electricity from power poles as opposed to mobile power generators
i) Pave last 100 feet of internal travel path prior to exiting onto a public street
j) Install wheel washers by a paved apron prior to vehicle entry on public roads
k) Remove any soil/dirt from public streets within 30 minutes of occurrence
I) Suspend a1l soil disturbance and travel on unpaved surfaces if winds exceed 25 mph.
2. Prior to issuing a building permit, the Applicant/Developer sha1l provide a list of the
architectural coatings that wi1l be used on the project demonstrating that the average volatile
organic compounds (VOC) content would not exceed 125 g/L, extend the time of application, or
provide a plan that wi1l show that the combination or reduced VOC and extended time of
application wi1l result in emissions less than 55 pounds per day.
Biological
3. Prior to the removal or alteration of landscaping during the months of January 15 through July
31, a preconstruction survey sha1l be performed by a qualified biologist to determine the
presence/absence of nesting raptors and migratory birds. The preconstruction survey must
encompass the construction impact area and immediate surrounding area. The pre-construction
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survey must be conducted within 10 calendar days prior to the start of construction, the results of
which must be submitted to the City's Environmental Review Coordinator for review prior to
initiating any construction activities. In the event that occupied nest(s) is/are found during the
survey, a mitigation plan including appropriatc construction setbacks and noise reduction
measures shall be prepared by a qualilicd biologist and approved by the Environmental Rcview
Coordinator.
Paleontological
4. The developcr shaJl have a qualified paleontological monitor on the project site at aJl times
during mass grading, excavation, and utility trenching activities in order to mitigate potential
impacts to any undiscovered nonrenewable paleontological resources (i.e. fossils).
Hazards/Hazardous Materials
5. Prior to initiating any soil remediation or demolition activity, the Applicant/Developer shaJl
contract with a professional environmental firm to prepare a Health and Safety Plan (HSP) and a
Community Health and Safety Plan (CHSP). The Applicant/Developer shall submit these plans
to the City Environmental Review Coordinator for review and approval and subsequent
compliance.
6. Prior to demolition work and as a condition to be met prior to the issuance of any building or
demolition permit, the applicant/developer shaJl show proof that a licensed and registered
asbestos and lead abatement contractor shaJl perform asbestos containing material and lead
containing surfaces abatement in accordance with aJl applicable local, state and federal laws and
regulations, including San Diego County Air PoJlution Control District Rule 361.145 - Standard
for Demolition and Renovation
7. Soil excavated from the project site shaJl be managcd, characterized, and disposed of in
accordance with the procedures outlined in the approved Soil Management Plan (November
2006) and subsequent Plan Addendum (December 2006). For purposes of excavation and
handling, material excavated from the top four feet from either Area A or Area B (See figure 2)
win be considered a contaminated substance unless determined otherwise by analytical testing.
Soil materials to be exported off-site need to be stockpiled on site and characterized in
accordance with EP A standard SW -846 requirements. Stockpile samples wiJl be analyzed for
organochlorine pesticides by EP A test method 8081 A. A Project Environmental Professional
Field Engineer/Geologist/Scientist shaJl observe aJl soil disturbance activities (including grading
and excavation) and appropriately supervise the excavation and handling of aJl soils. After
completion of aJl soil remedial actions, the soil sampling data shan be submitted to the County of
San Diego Department of Environmental Health for their review and issuance of a "No Further
Action Letter", signifYing that remediation goals for residential soils have been met.
8. The handling and management of aJl soils shaJl require the implementation of Best Management
Practices to protect temporary stockpiles from erosion and storrnwater run-on and run-off, as
specified in a site-specific Storrnwater Pollution Prevention Plan (SWPPP) that shall be prepared
by the Developer/Contractor and approved by the City ofChula Vista Engineering Department.
9. During activities where dust could potentially be generatcd including site grading, trenching,
excavating, drilling, maintaining stockpiles, loading and soil transportation, the
Developer/Contractor shall employ dust suppression techniques including use of water applied
by trucks, to mitigate impacts to nearby sensitive receptors (e.g., adjacent residents).
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Hydrology and Water Qualitv
10. In order to reduce potential water quality impacts, the Applicant/Developer shall be required to
comply with the National Pollution Discharge Elimination System (NPDES) regulations
including the preparation and implementation of a Construction Storm Water Management Plan
(CSWMP) and a Storm Water Ponution Prevention Plan (SWPPP). The stormwater plan,
including the selection of appropriate Best Management Practices (BMPs), shan be prepared
pursuant to the provisions of the Califomia Regional Water Quality Control Board, San Diego
Region Order No. 2001-01 and win be subject to review and approval by the City ofChula Vista
Engineering Department.
11. The project Applicant/Developer shall be required to identify and propose appropriate structural
and non-structural Best Management Practices (BMPs), subject to the requirements of the
Standard Urban Storm Water Mitigation Plans (SUSMps) and Numeric Sizing Criteria and
subject to the review and approval by the City of Chula Vista Engineering Department, to
minimize to the maximum extent practicable discharge of ponutants identified in the Water
Quality Technical Report and generated at the site during the post-development phase of the
project.
Noise
12. Pursuant to Section 17.24.050(1) of the City of Chula Vista Municipal Code, project-related
construction activities shan 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.
13. Prior to the issuance of a building permit, the Applicant/Developer shan submit plans to the City
of Chula Vista Building Official and Environmental Review Coordinator that include noise
abatement for the patio and balcony areas on the south and north faces of each of five rows of
buildings, the west face of the western building on the west parcel, and on the east parcel, the
west face of the first row of buildings that extends beyond the northem boundary of the west
parcel (see figure 3). Noise abatement shall consist of a solid barrier on the face of the balcony
from the base of the balcony to a height of five feet. The barrier may be made of masonry, wood,
glass or plexiglass, or similar material. The material is to have a minimum weight of \.7 pounds
per square foot. The barrier may be designed so that it can be opened to an ow airflow, but it
must be able to be closed without openings.
14. Prior to the issuance of a building permit, the applicant/developer shaJl submit data to the City of
Chula Vista Environmental Review Coordinator and the City Building Official demonstrating
that noise levels would be less than 45 dBA in habitable rooms of residence units at the south
and north faces of each of the five rows of buildings and the west faces of the western row of
buildings on each parcel.
15. If the proposed design includes exterior HV AC equipment, the applicant/developer shall submit
data to the City of Chula Vista Environmental Review Coordinator to demonstrate that noise
generated by the equipment at any adjacent residential property line would not exceed 45 dBA
Leq between the hours of 10:00 p.m. and 7:00 a.m., and 50 dBA Leq between the hours of 7:00
a.m. and 10:00 p.m.
15
Traffic
16. In order to reduce cumulative significant impacts at the intersections of Frontage Road &
Palomar Street and Walnut Ayenue & Palomar Street to an acceptable Level of Service, the
applicant/developer shall construct a partial median closure along the centerline of Palomar
Street that would prohibit left turns and through movements from Frontage Road/Walnut Avenue
onto Palomar Street to the satisfaction of the City Engineer.
E. Consultation
I. Individuals and Organizations
City ofChula Vista:
Richard Zumwalt, Planning and Building
Brian Catacutan, Planning and Building
Luis Hernandez, Planning and Building
Steve Power, Planning and Building
Josie Gabriel, Planning and Building
Marilyn Ponseggi, Planning and Building
Garry Winiams, Planning and Building
Jim Newton, Engineering
Ben Herrera, Engineering
David Kaplan, Engineering
Silvester Evetovich, Engineering
Luis Pelayo, Engineering
Khosro Aminpour, Public Works
Richard Preuss, Police Department
Richard Gari, Fire Department
Dan Wery, Project Planner, RBF
Applicant/Property Owner: J&J Development
Agent: Jorge Sanchez Pedraza
2. Documents
City of Chula Vista General Plan
Title 19, Chula Vista Municipal Code
Air Toxics Risk Evaluation, Scientific Associated, December 2006;
Phase I Enyironmental Site Assessment, Ninyo & Moore, October 2005
Limited Soil Samplmg Report, Ninyo & Moore, March 2006
16
Human Hcalth Screenmg Evaluation, Ninyo & Moore, August 2006
Soil Managemcnt Plan & Soils Sampling Report, Ninyo & Moore, Noyember 2006
Soil Management Plan Addendum, Ninyo & Moore, December 2006
Asbestos & Lead Containing Survey, Ninyo & Moore, March 2006
Biological Assessment of Project Site, EDAW, May 2005; Rev. July 2006
Air Quality Impact Analysis, EDA W, Inc., January 2006
Hydrology & Drainage Calculations, CJ & Associates, May 2006; Rev. July 2006
Preliminary Geotechnical Findings, Allied Earth Technology, October & December 20052004
Water Quality Technical Report, CJ & Associates, July 2006
Water System Analysis, Dexter Wislon Engineering, Inc., June 2006
Sewer Study, CJ & Associates, September 2006
Archaeological Survey& Historical Resource Report, EDA W, Inc., March 2006
Paleontological Record Search and Resource Sensitivity Assessment, Thomas A Demere, San
Diego Natura] istory Museum, February 2006
Traffic Impact Study for Bayvista Walk (Project Site immediately north of Marsena Villas),
Katz, Okitsu & Associates, September 2005
Traffic Assessment for Marsena Villas, Katz, Okitsu & Associates, November 2005
Initial Studv
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 /Tom the Chula Vista Planning and Building Department, 276 Fourth Avenue,
Chula Vista, CA 91910.
Date:
Benjamin Guerrero
Environmental Projects Manager
J :\Planning\BenG\Marsel1a Vil1asMND.doc
17
District) and the General Plan designation is Transit Focus Area. The proposed project will be
consistent with the regulations of the R-3 Zone and with the goals, policies and density rcquirements
of the Palomar Gateway Transit Area identified in the City's General Plan.
D. Public Comments
On May 6, 2005, a Notice of Initial Study was circulated to property owners within a 500-foot radius
of the project site. The pub1ic comment period ended on May 16,2005. No written comments were
received from the public.
On December 21. 2006 a Notice of Availability of the Proposed Mitigated Negative Declaration
for the proiect was posted in the County Clerk's Office and circulated to propertv owners within
a 500-foot radius of the proiect site. The 30-day pub1ic comment period closed on Januarv 22,
2007. No written public comments were received during the public review period.
E. Identification of Environmental Effects
An Initial Study conducted by the City of Chula Vista (including an attached Environmental
Checklist form) determined that the proposed project would not have a significant environmental
effect because of mitigation measures incorporated into the project, and the preparation of an
Environmental Impact Report will not be required. This Mitigated Negative Declaration has been
prepared in accordance with Section 15070 of the State CEQA Guidelines.
Air Quality
Short-Term Impacts
The proposed project will result in a minor increase in air pollutants during the demolition and
construction phases of the project. Fugitive dust would be created during demolition, grading and
construction activities. Air quality impacts resulting from construction-related operations are
considered short-term in duration since construction-related activities are temporary. 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. Mitigation measures contained in Section F below would mitigate short-term
construction-related air quality impacts to below a level of significance.
Long-Term Impacts
The project site is located within the San Diego Air Basin (SDAB). Based on the Traffic Impact
Study prepared by Katz, Okitsu & Associates (September 2005), the project would generate
approximately 246 new daily trips. The morning peak hour traffic resulting from the project would
be equivalent to 20 driyeway trips and the evening peak hour would result in 22 driveway trips being
generated. Therefore, project generated traffic would not be significant or result in adverse air
quality impacts. Thc project design and its proximity to the Palomar Trolley station will encourage
the use of alternative modes of transportation. For these reasons, the proposed project would not
result in any significant long-term local or regional air quality impacts.
The information proyided in Table 1 shows the current South coast Air Quality Management District
(SCAQMD) CEQA significance thresholds. The City has traditionally used the significance
emissions thresholds of the SCAQMD, which is responsible for air quality in the urbanized areas of
Los Angeles, Orange, San Bernardino, and Riverside counties. The air quality in the SCAQMD is
2
much worse than the San Diego Air Basin; therefore, the SCAQMD thresholds are very conservative
for the San Diego area.
Table I
SCAQMD Air Quality Significance Thresholds
Pollutant Construction (nounds ner day) Operation (pounds per dav)
NOx 100 55
VOC 75 55
PMIO 150 150
Sox (oxides of sulfur) 150 150
CO 550 550
Lead (Pb) 3 3
Source: SCAQMD 2005
Construction
Table 2
Construction Emissions - Marsella Villas Development proiect
Year and Actiyity I Pollutant Emissions ( ounds per day)
VOC NOx CO PMIO
BeQinning in 2007
Demolition Phase 7 71 48 12
Grading Phase 5 38 32 2
Building Phase 7 50 55 2
Maximum day 7 71 55 12
Midway through 2007
Building Phase 77 73 91 3
Maximum day 77 73 91 3
Sirmificance Threshold (from Table I) 75 100 550 150
Building - with VOC limit of 200 grams per Ii ter 64 73 91 3
coatings,
Demolition, grading, and building phases are sequential and do not overlap. Maximum day is the
maximum from any phase. Bold value = exceeds threshold
As shown on Table 2 above, there is a potential for exceeding the volatile organic compounds (VOC)
threshold during the final months of building. The principal source of these VOC emissions is
derived from the architectural coatings that are applied to the buildings. The project is planned to be
built in phases. The calculation is based on URBEMIS default factors for VOC content of paint,
paint coverage per square foot of surface, paint thickness, and surface area to building area ration.
The URBEMIS default emission rate is based upon architectural coatings with 250 grams per liter
(g/L) VOC content. SDAPCD Rule 67 limits the VOC content of coatings applied in San Diego
County. General flat coatings are limited to 100 g/L and general non-flat coatings are limited 150
g/L. As most coatings to be used on this project would be general flat and non-flat coatings, it would
be feasible to use coatings on the project that averaged less than 200 g/L. With this limitation, the
VOC significance threshold would not be exceeded, as shown in Table 2.
3
Overations
The estimated operational emissions for this project are shown in Table 3 below. As shown on this
table, none of the CEQA significance thresholds would be exceeded during operation of the project.
The URBEMIS model was used to calculate the input and output data.
Table 3
Operations Emissions - Marsella Villas Develooment Proiect
YEAR AND ACTIVITY POLLUTANT EMISSIONS (LBS. Per Dav)
2007- 41 units occuoied VOC NOx CQ PMIO
Area emissions 3 <I I 0
Vehic1e emissions 3 3 32 3
Total operations emissions 6 4 33 3
CEQASignificance Thresholds 55 55 550 ISO
(Table I)
Values are rounded to the whole pound per day; < I is a value greater than 0 and less than 0.5.
Totals may not add due to rounding.
Health Risk Assessment
BACKGROUND
A health risk assessment was prepared to evaluate the potential effects of placement of six residential
units of the proposed 40 units within 500 feet of Interstate 5 in accordance with Policy EE 6.10 ofthe
General Plan. The policy approved by the City of Chula Vista in December 2005 is as follows:
"The siting of new sensitive receptors within 500 feet of highways resulting from development or
redevelopment projects shall require the preparation of a health risk assessment as part of the CEQA
review of the project. Attendant health risks identified in the HRA shall be feasibly mitigated to the
maximum extent practicable in accordance with CEQA, in order to help ensure that applicable
federal and state standards are not exceeded."
The project proposes to develop residential units on two separate lots for a total of 40 attached town
homes. However, only six of the total number of units is proposed to be located within the 500-foot
corridor of the 1-5 freeway. These units will be located on the most westerly lot to be deyeloped.
Only 60 to 80 feet of the most outer area of the westerly lot lies within the 500-foot buffer.
THRESHOLD
The evaluation of toxic air contaminants (T AC) was based on assumptions regarding emissions from
on-road vehicles, including truck traffic and diesel and gasoline-fueled vehicular traffic on 1-5. 11
must be stated that there is presently no officially approved methodology to study T AC from
vehicular emissions. The local Air Pollution Control District (APCD), the State California Air
Resources Board (CARB) and the federal Environmental Protection Agency (EP A) have not
developed or provided a standard methodology approach for studying these highway related air
contaminants. The analysis was prepared by Scientific Resources Associated (July 2006) in
accordance with City methodology. There is no state or federally recognized threshold for assessing
these potential impacts.
4
The State Office of Environmental Health Hazard (OEllHA) indicates that diesel noncancer risks are
a difficult issue to address. The OEHHA state they have a Reference Exposure Level for noncancer
health impacts from diesel exhaust but that it doesn't incorporate more recent scientific findings on
noncancer health impacts. The OEHHA further states that there is a procedure in OEHHA's
Particulate Matter Health Effects and Standard Recommendations that could be used to calculate
effects on mortality, however, the applicability to other than very large sources with regional impacts
has not been resolved (OEHHA September 2006). These procedures haye not been adopted into
OElIlIA risk assessment guidance for the Hot Spots Program. Hence, the regulatory agencies have
not identified a CEQA threshold for noncancer risks.
METHODOLOGY
The HRA evaluated toxic air contaminants (TAC) on the 1-5 segment near the Ada Street Residential
Development. Data on emissions from traffic trayeling on 1-5 was estimated utilizing traffic
projections obtained from the Califomia Department of Transportation (Caltrans). Growth in traffic
was extrapolated to the year 2080 based on CAL TRANS and SANDAG traffic projections for the
period from 2005 through 2030. Mobile source emission factors were obtained by using the
Emission Factors model (EMFAC2002) used by the California Air Resources Board (CARB).
Pursuant to the CARB, the ten (10) TAC compounds that pose the greatest statewide health risk are
acetaldehyde, benzene, 1,3-butadiene, carbon tetrachloride, hexavlent chromium, para-
dichlorobenzene, formaldehyde, methylene chloride perchlorothylene, and diescl particulate matter
(DPM). According to the Air Resources Board, approximately 70 per cent of the cancer risk can be
attributed to long-term exposure to DPM. The liRA focused on potential risks associated with DPM
from trucks traveling along the segment of 1-5 nearest to the Ada Street residential development.
Additionally, the report also included emission analysis of benzene and 1,3-butadiene from gasoline-
powered vehicles.
The Hotspots Analysis and Reporting Program (HARP) used by the State Office of Environmental
Health Hazard (OEHI.IA) was used to estimate the high-end excess cancer risks associated with
exposure to T ACs from Freeway vehicles.
CANCER RISK
The Office of Environmental Health Hazard Assessment and Air Pollution Control District have
provided basic guidelines (SDAPCD 2005) for preparing HRA's for stationery sources but not
mobile sources (i.e. highway traffic). The guidelines have developed very conservative exposure
assumptions. These models assume that an individual resident living within the 500 foot corridor of
a freeway would remain in the same location for 70 years, 24 hours per day, seven days per week,
without leaving the residence site. A more realistic scenario may be a duration of nine years and an
upper time limit of thirty years in a residential setting.
Therefore, the HRA report prepared for this project used three exposure assumptions (9 years, 30
years and 70 years) in the HARP model. As it could be expected, the comparatiye analysis done by
this mode] showed that less exposure translates to a lower cancer risk. Experience by City staff has
shown that results will vary depending on the models used. It is possible that in the future the
California Air Resources Board will eventually develop a standard air contaminant-testing model for
mobile sources.
Another source of uncertainty m calculating exposures is the assumption that all individuals will be
subject to the same ambient air conditions and air intake at all times. There is presently no
accounting for such things as body weight, breathing rates and frequency and length of exposure.
5
Without the certainty and consistency in this area, the analytical results wi1l tend to overestimate the
risk.
Table I
Comparison of Risks Based on EP A Exposure Scenarios
Exposure Scenario Maximum Predieted Excess Cancer Risk
70-year 58.7 in a mil1ion
30-vear 32.7 in a million
9-year Adult 9.82 in a million
9-year Child 14.5 in a million
The HRA Study provided a conservative risk analysis showing that the maximum predicted excess
70-year lifetime cancer risk at any point of the Ada Street project is 58.7 in a mil1ion. Using EPA
average and upper bound assumptions of residence duration the study estimated a 30-year cancer risk
of 32.7 in a mi1lion and a 9-year cancer risk of 9.82 in a million. The study also estimated a 9-year
cancer risk for a child as 14.5 in a million.
CONCLUSION
Based on the HRA report, there could be potential health risks associated with locating sensitive
receptors within 500 feet of major highways. However, at the present time the regulatory agencies
have neither adopted specific guidelines for the preparation of mobile air toxic Health Risk
Assessments nor have they established appropriate thresholds for determining significance of
potential impacts to health. The proposed project is in compliance with a1l currently adopted state
and federal standards and therefore the potential impact is not considered significant.
BioIogical
EDA W, INC. Environmental Consultants conducted a biological assessment on September 2005 of
the subject site. Subsequent city staff site visits were conducted on October 2006. The project site
primarily consists of residential homes and yards (Figure 3). Each residential lot is developed with
houses, accessory structures, decks, paved areas, front lawns and ornamental trees. The project site
is characterized as being tota1ly urban developed land with no potential biological value. However,
several trees occur within the project development site. Birds using the on-site or adjacent trees for
roosting or nesting could be impacted by construction noise or lighting through the course of the
project. Nesting birds using trees within the project boundary could be impacted if trees are downed
in the course of construction. These impacts could be potentia1ly significant. Mitigation measures
have been formulated in accordance with the City's MSCP Subarea Plan (Section 5.2.2) regarding
the HUT Ordinance that wouId ayoid and minimize potentially significant direct and indirect
impacts to sensitive biological resources.
paleontological
A paleontological record search and resource assessment was completed for the project site by Brian
F. Smith & Associates on May 2, 2005. The report identified the project site as forming part of an
area considered by experts in the field of paleontology as haying a "high paleontological resource
sensitivity". This rating would require a paleontological monitoring and mitigation program.
Compliance with the mitigation measure contained below in Section F would avoid significant
impacts to paleontologicaI resources.
6
Hazards/Hazardous Materials
Soil Contaminants
Ninyo & Moore Environmental Consultants prepared a Phase I Environmental Site Assessment
report on October 6, 2005 for the project site. Historical research conducted as part of the Phase I
report identified the project site as an area formerly dedicated to agricultural uses. The Phase I
recommended a shallow subsurface investigation to evaluate the presence of residual pesticides,
herbicides, and metals. The Limited Soil Sampling Report prepared by Ninyo & Moore on March
24, 2006 detected pesticide samples at above the State of California hazardous waste level of 1.0
mg/kg. Herbicides were not detected on surficial soils and heavy metals in soil were generally found
to be consistent with background concentrations. The Limited Soil Sampling report recommended
that a site-specific health screening assessment be conducted to evaluate human health risk to future
site receptors from pesticides at the site. Additionally, the report recommended that the site
investigation join the County of San Diego, Department of Environmental Health (DEH), Voluntary
Assistance Program (V AP) and that a soil management plan be prepared prior to the initiation of any
soil disturbance activities. The application for the V AP to the DEH was accepted on July II, 2006.
Ninyo and Moore subsequently prepared a Human Health Screening Evaluation (HHSE) for the
subject project site. The purpose of the HHSE was to evaluate if further site characterization and risk
assessment, or site remediation, in regards to residual pesticide contamination in surface soil would
be appropriate. On July 31, 2006, twenty-two additional soil samples were collected from II
10catlOns on the site. The samples were analyzed for organochlorine pesticides by the United States
Environmental Protection Agency (USEPA) test method 808lA.
The following information summarized on Table A is based on CallEP A, Department of Toxics
Substances (DTSC), 1996 standards used to measure potential carcinogenic risks to humans. The
risk to receptors for a particular parcel is considered significant if the cancer risk is equal to or
greater than I in I minion, or if the non-cancer hazard index is equal to or greater than I. The sum of
the cumulative cancer risks for chemicals of potential concern for all identified pathways ("the
course a chemical or pollutant takes from the source to the organism exposed" (USEP A 1989) was
quantified as approximately I in 700,000 for an adult receptor in Area A. Since there is a
conservative bias to the quantified values, the I in 700,000 cancer risk values is considered to
approximate I in I mil1ion, and therefore is not considered a potentially significant risk to an adult.
The cancer and non-cancer risks to a child receptor in Area A were well below the respective
threshold values. The cancer and non-cancer risk for an adult and child receptor in Area B were also
significantly below the respective threshold values. (See Figure 2)
Receptor Cancer Risk Non-Cancer Hazard Index
Area A (westerly parcel)
Adult I in 704,225 0.026
Child 1 in 1,364,256 0.0153
Area B (easterlv parcel)
Adult I in 1,686,341 0.007
Child 1 in 3,257,329 0.0041
Table A
Cumulative Caneer and Non-Cancer Risk
7
The County DEH Voluntary Assistance Program reviewed the HHSE report on September 27, 2006
and concurred with Ninyo & Moore's recommendation that a soil management plan needed to be
developed. The DEH also required that additional vertical (deeper) soil delineation be accomplished.
Ninyo and Moore consultants performed the additionany required soil sampling and reported the
findings in a Soil Management Plan prepared Noyember 2006. A subsequent Addendum (December
2006) was prepared by Ninyo & Moore at the request of the County DEH. Based on these and
previous soil sampling results, the concentrations of pesticides above the laboratory reporting limits
are found present in surface soils up to depths of about four feet below ground surface. In Area A,
the 80% upper confidence limit (UCL) for detected pesticides indicate that soil excavated from the
top four feet may be characterized as non-hazardous waste if exported off-site for disposal.
However, elevated concentrations of dichlorodiphenyldiccloroethylene and total chlordane in
isolated portions of Area A may result in a state or federal hazardous waste classification if this
particular soil content were exported off-site. In Area B, the 80% UCL for detected pesticides
indicate that soil excavated from the top approximate four feet will likely be classified as non-
hazardous waste. However, based on data /Tom the Soil Management Plan, the grids that represent
the soil sample locations for B-8 and B-9 (See Figure 4) also need to be removed and verified in the
same manner as Area A. The rest of the soils found in Area B may be reused on site.
The County DEH recommended a removal action be performed for site soil containing
concentrations of pesticide that meet or exceed hazardous waste criteria. The Soil Management Plan
and Soil Management Plan Addendum (December 2006) delineate the pre-removal action sampling,
proposed excavation plans and procedures, and post-removal action sampling for the site referred to
as Area A (See Figure 3A) and those portions cited above (B-8 and B-9) for Area B (See Figure 4).
Soil materials to be exported win need to be stockpiled on site and characterized in accordance with
EP A standard SW -846 requirements. Stockpile samples will be analyzed for organochlorine
pesticides by EPA test method 8081 A. A Project Environmental Professional's field
Engineer/Geologist/Scientist shall observe an soil dIsturbance activities (including grading and
excavation) and appropriately supcrvise the excavation and handling of an soils. For purposes of
excavation and handling, material excavated from the top four feet will be considered a contaminated
substance unless determined othcrwise by analytical testing.
Prior to the initiation ofremoval action activities, Health Safety Plan (HSP) and a Community Health
and Safety Plan (CHSP), and a Stormwater Ponution Prevention Plan (SWPPP) shan be prepared by
the applicant/developer. These plans shan be submitted the City of Chula Vista for review and
approval prior to soil removal activities initiate.
The handling and management of an soils shall require the implementation of Best Management
Practices to protect temporary stockpiles /Tom erosion and stormwater run-on and run-off, as
specified in a site-specific SWPPP that will be prepared by the Developer/Contractor. The BMPs
include, but are not limited to the following:
. Erosion control,
. Stormwater drainage control,
. Secondary containment (as applicable)
. Fugitive emission control of dust and/or vapors,
. Wind dispersion control, and
. Spill prevention
8
During activities where dust could potential1y be generated (e.g., site grading, trenching, excavating,
drilling, maintaining stockpiles, loading, and transportation) the Developer/Contractor shall employ
dust suppression techniques inc1uding use of water applied by trucks, to mitigate impacts to nearby
sensitive receptors (e.g., adjacent residents).
With the implementation of al1 mitigation measures described herein, the potential adverse impacts
from contaminated soils wil1 result in a less than significant impact.
Lead Containing Surfaces and Asbestos Containing Materials
Based on the Asbestos and Lead-Containing Surface Survey prepared by Ninyo and Moore on March
24, 2006, it was found that the existing single-family structures and accessory buildings proposed to
be demolished contain asbestos materials and lead based paint. The presence of asbestos and lead
materials in a building does not necessarily mean that the health of the occupants is endangered. If
these materials are in good condition and have not been disturbed, exposures are expected to be
negligible. However, abatement of these materials wil1 need to be performed by a licensed and
registered asbestos and lead abatement contractor. The abatement procedure during demolition must
abide with al1 applicable local, state and federal Jaws and regulations, including the San Diego
County Air Pol1ution Control District Rule 361.145, Standard for Demolition and Renovation. The
mitigation measure contained in Section F below wil1 mitigate potential hazardous materials impacts
associated with the release of asbestos and lead to a level below significance.
Hydrology and Water Quality
Hydrology
The subject properties are ful1y developed with residential units. The westerly project area consists
of one drainage area that discharges 0.69 acres southerly into Ada Street. The easterly project area
consists of two drainage areas; Basin A, drains 0.34 acres northerly and Basin B drains .62 acres
southerly towards Ada Street. Based on the hydrology and drainage report prepared by CJ and
Associates on July 2006, the increase in runoff from the proposed project is considered insignificant
and wil1 not alter or affect any of the downstream drainage facilities. The difference rrom
predevelopment to post development is only 1.45 cfs for the westerly site and 1.4 cfs for the easterly
project site.
Water Quality
The project sites are located within the Otay River Watershed, Hydrologic Unit Basin number 10.20.
The project would eventual1y drain towards the south end of San Diego Bay. The project sites are
located about one half mile from the San Diego Bay. Overal1, the project area represents a very
insignificant percent of the watershed area.
The proposed project will not significantly alter drainage patterns on the existing developed site.
The stormwater discharge points wil1 not divert runoff from existing conditions. There wil1 also not
lie a substantial increase in runoff. Post construction runoff will be directed into existing City storm
drain facilities. There are no sampling data available for the existing developed site condition.
Additionally, the project is not expected to generate significant amounts of non-visible pol1utants.
The fol1owing constituents are commonly found on similar developments and could affect water
quality:
9
. Sediment discharge due to construction activities and post-construction areas left bare
. Nutrients from fertilizers
. Trash and debris deposited in drain inlets
. Hydrocarbons from paved areas
. Pesticides from landscaping and home use
In order to reduce potential water quality impacts to a level of less than significance Best
Management Practices (BMPs) including detention facilities, if necessary wi]] be implemented to
minimize potential erosion and habitat integrity impacts downstream during construction and post-
construction.
Construction BMPs
. Silt Fence
. Street sweeping and vacuuming
. Storm drain inlet protection
. Stockpile Management
. Stabilized Construction Entrance/Exit
. Dewatering operations
. Erosion control mats and spray-on applications
. Gravel bag berm
. Spill prevention and control
Post Construction BMPs
Po]]utants of concern as noted above, wi]] be addressed through three types of BMPs. These are site
design, source control and treatment control. The project is designed to minimize the use of
impervious areas. The landscaping will consist of both native and non-native plants. The rapid
establishment of plant materials wi]] reduce erosion. Riprap wi]] be placed at storm drain outfa]]s to
reduce velocities as applicable. Source control BMPs wi]] consist of educating the homeowners in
measures to prevent po]]uted runoff. Bio filters wi]] be used to control water quality contamination.
The Engineering Department states that the project wi]] be subject to the requirements of the
Standard Urban Storm Water Mitigation Plans (SUSMPs) and Numeric Sizing Criteria.
With the implementation of Best Management Practices to prevent po]]ution of storm drainage
systems during construction and after construction the potential impacts to water resources wi]] be
reduced to less than significant.
Noise
Environmental Consultant EDA W, Inc., prepared an acoustical analysis (November 2005; Revised
January 20, 2006) for the proposed project. Noise leyel measurements were conducted on October
10, 2005 and on January 13, 2006. The study identified the primary noise source generator as traffic
nOIse from 1-5, west of the project site. Other sources of noise include yehicles on Palomar Street
and Industrial Boulevard, the tro]]ey on Industrial Boulevard, and the warning signals at the tro]]ey
grade crossing at Palomar Street.
The Environmental Element of the City of Chula Vista General Plan contains applicable noise/land
use compatibility guidelines, which indicate that residential uses are compatible with noise levels
less than or equal to 65 dBA CNEL. Title 24 of the California Administrative Code requires that
rcsidential structures, other than detached single-family dwellings, be designed to prevent the
10
intrusion of exterior noise so that the interior CNEL with windows closed, attributable to exterior
sources, shall not cxceed 45 dBA in any habitable room.
Construction Noise
Pursuant to Section l7.24.050(J) of the Chula Vista Municipal Code, noisy construction work (unless
associated with emergency repairs or health and safety matters) is not permitted in residential zoning
districts between the hours of ]0:00 p.m. and 7:00 a.m. during weekdays and between 10:00 a.m. and
8:00 a.m. Saturday and Sunday. Project construction work is anticipated to occur between the hours
of 7:00 a.m. and 5:00 p.m. weekdays only. This provision of the Municipal Code would ensure that
surrounding residents would not be disturbed by construction related noise during the most sensitive
periods of the day.
Traffic Noise
Existing Traffic Noise
The existing and projected noise impacts are associated with increased traffic volumes along Palomar
Street and the 1-5 freeway. Based on actual noise monitoring at the project site, the acoustical report
states that the predominant noise generator is traffic on Palomar Street to the north and 1-5 /Teeway to
the west of the project site. The measured equivalent noise level (LEQ) for the north building line
was 62. dBA Leq. The measured equivalent noise level (LEQ) for the most westerly building line
was 60 dBA Leq. On main roadways, where nighttime traffic is greater than average, such as 1-5 and
Palomar Street, CNEL is conservatively assumed to be 2 dBA greater than the average daytime noise
level. Therefore, the existing CNEL at the project site at 5 feet above the ground or in other words
the first floor elevation is estimated at 63 dBA.
Data collected on January 13, 2006, indicated that noise levels at 2"" floor elevations is 2 dBA higher
than at the first floor elevation because there is greater exposure to 1-5. While third floor
measurements were not feasible, it is the judgment of the noise engineer that exposure to freeway
noise would not increase with an additional ten feet in elevation, and that the noise level on the third
floor would also be 2 dBA higher than at the first floor elevation.
Projected Traffic Noise
Noise levels are anticipated to increase in the future as traffic volumes increase on 1-5 and Palomar
Street. Future traffic volumes were obtained from the project traffic report (KOA 2005) and Caltrans
(2005) and from the SANDAG transportation forecast for the City of Chula Vista General Plan,
which is a 2030 study (SANDAG 2004). It was conservatiyely assumed that ayerage traffic speeds
would not decrease with the increased volumes. The maximum exterior and first floor noise levels
would occur at those areas of the site with exposure to 1-5 and Palomar Street. Noise levels would be
less for those units that would have some or all exposure blocked by project buildings.
With these data and assumptions, the maximum future exterior ground floor noise level at the site is
forecast to be 65 dBA CNEL, which equals, but does not exceed the City standard for compatible
noise levels for residential use. The data are shown in Table I below. As future noise levels would
not exceed 65 dBA CNEL, no noise abatement or mitigation measures are required for exterior or
first floor noise.
11
Table I
Existing and Future Exterior and 1" Floor Noise Levels at the Project Site
Contribution to Contribution to
Noise Level at Average Daily Noise Level at
site dBA CNEL Traffic Volumes Site dBA CNEL
Roadwav EXISTING FUTURE
1-5 61 162000 229000 62.5
Palomar Street 58 37500 52500 59.5
Industrial Blvd. 55 7400 11400 56.8
Noise Level 63 65
Noise levels at the second and third floor levels of those areas of the project that have exposure to 1-5
would be greater than at the first floor. The difference between the noise level at the first floor and
the noise level at the second floor would be 2 dBA. Therefore, noise levels of 67 dBA CNEL are
forecast for those areas of the site with exposure to 1-5 and the other principal noise sources, similar
to the existing exposure. The second floor balconies that face north, south and west not having an
intermittent building blocking noise, would be required to incorporate mitigation to reduce potential
noise impacts to less than significant (See Figure 3).
San Diego Trolley Rail Line
Pursuant to the Acoustical Analysis prepared by EDA W, Inc., noise measurements were taken at the
east building line during San Diego Trolley pass-bys. The noise levels did not exceed 62 dBA Leq.
The trolley and rail tracks are located on the east side of Industrial Boulevard and are more than 550
feet from the closest point of the project site. While the noise from passing trains and trolley may be
audible, the fact is that the noise is attenuated by the distance that separates the noise source from the
location of the proposed residential units. In the future noise from these sources will be attenuated
even more by intervening buildings presently being constructed.
Traffic
To identify potential traffic impacts associated with the development of the project, a traffic impact
Assessment was prepared by Katz, Okitsu & Associates on November 2005. The traffic assessment
projected that the project wi1l generate 246 daily trips, with 20 trips occurring in the AM peak hour
and 22 trips occurring in the Pm Peak hOUL
The proposed westerly project site will take access from two driyeways. Whereas the easterly project
site wilt take access from one driveway. Alt access will be from Ada Street, a local residential street.
Based on the location of the project sites and a project trip analysis, it was estimated that 40% (98
vehicular trips) of the daily traffic would use Industrial Boulevard as a secondary access to exit onto
Palomar Street. Accordingly, about 60% (148 vehicular trips) of the daily traffic would use Frontage
Road to access Palomar Street. The proposed project wilt provide 80 parking spaces pursuant to the
City's zoning ordinance.
12
Short-Term Impacts (Year 0 to 4)
Based on the traffic impact asscssmcnt results and the project trip generation, it is anticipated that the
project will not result in any significant project specific impacts.
Long-Term Impacts (Horizon Year 2010)
Based on the traffic impact results recorded in the Olson Bayvista Walk Project (See Figure 2A)
Traffic Impact Study prepared by KOA (September 2005), the intersections of Frontage Road and
Walnut Avenue with Palomar Street would operate a deficient Level of Service (LOS) "F" under all
conditions and for the Horizon Year (2010). Since the project trips comprise less than 5% of the
total intersection entering volume for each of the intersections listed above, the intersection impacts
would be deemed as cumulative impacts. The construction of a partial median along the centerline of
Palomar Street that would restrict left turns and through traffic at the intersection of Frontage Road
and Walnut Street onto Palomar would result in a LOS "C" under the worst PM peak hour
conditions. Therefore, the project Applicant/Developer will be required to construct the median to
the satisfaction of the City Engineer in order to mitigate the cumulative traffic impact to a level of
less than significance.
E. Mitigation Necessarv to Avoid Significant Impacts
Air Quality
1. The following air quality mitigation measures shan be implemented during demolition, grading
and construction activities:
a) Minimize simultaneous operation of multiple construction equipment units
b) Trucks hauling dirt and debris shall be properly covered to reduce windblown dust and spills
c) Use aqueous diesel fuel and lean NOx catalysts for an heavy diesel engine construction
equipment
d) Use electrical construction equipment as practical
e) Use catalytic reduction for gasoline-powered equipment
f) Water the construction area twice daily to minimize fugitive dust
g) Pave permanent roads as quickly as possible to minimize dust
h) Use electricity from power poles as opposed to mobile power generators
i) Pave last 100 feet of internal travel path prior to exiting onto a public street
j) Install wheel washers by a paved apron prior to vehicle entry on public roads
k) Remove any soil/dirt from public streets within 30 minutes of occurrence
I) Suspend all soil disturbance and travel on unpaved surfaces if winds exceed 25 mph.
2. Prior to issuing a building permit, the Applicant/Developer shall provide a list of the
architectural coatings that will be used on the project demonstrating that the average volatile
organic compounds (VOC) content would not exceed 125 g/L, extend the time of application, or
proyide a plan that will show that the combination or reduced VOC and extended time of
application will result in emissions less than 55 pounds per day.
Biological
3. Prior to the remoyal or alteration of landscaping during the months of January 15 through July
31, a preconstruction survey shall be performed by a qualified biologist to determine the
presence/absence of nesting raptors and migratory birds. The preconstruction survey must
encompass the construction impact area and immediate surrounding area. The pre-construction
13
survey must be conducted within 10 calendar days prior to the start of construction, the results of
which must be submitted to the City's Environmental Reyiew Coordinator for reyiew prior to
imtiating any construction actlyities. In the event that occupied nest(s) is/are found dunng the
survey, a mitigation plan including appropriate construction setbacks and noise reduction
mcasures shall be prepared by a qualified biologist and approved by the Environmental Review
Coordinator.
Paleontological
4. The developer shall have a qualified paleontological monitor on the project site at all times
during mass grading, excavation, and utility trenching activities in order to mitigate potential
impacts to any undiscovered nonrenewable paleontological resources (i.e. fossils).
Hazards/Hazardous Materials
5. Prior to initiating any soil remediation or demolition activity, the Applicant/Developer shaH
contract with a professional environmental firm to prepare a Health and Safety Plan (HSP) and a
Community Health and Safety Plan (CHSP). The Applicant/Developer shall submit these plans
to the City Environmental Review Coordinator for review and approval and subsequent
compliance.
6. Prior to demolition work and as a condition to be met prior to the issuance of any building or
demolition permit, the applicant/developer shall show proof that a licensed and registered
asbestos and lead abatement contractor shan perform asbestos containing material and lead
containing surfaces 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
7. Soil excavated from the project site shaH be managed, characterized, and disposed of in
accordance with the procedures outlined in the approved Soil Management Plan (November
2006) and subsequent Plan Addendum (December 2006). For purposes of excavation and
handling, material excavated from the top four feet from either Area A or Area B (See figure 2)
wlll be considered a contaminated substance unless determined otherwise by analytical testing.
Soil materials to be exported off-site need to be stockpiled on site and characterized in
accordance with EP A standard SW -846 requirements. Stockpile samples wlll be analyzed for
organochlorine pesticides by EP A test method 8081 A. A Project Environmental Professional
Field Engineer/Geologist/Scientist shaH observe aH soil disturbance activities (including grading
and excavation) and appropriately supervise the excavation and handling of all soils. After
completion of an soil remedial actions, the soil sampling data shall be submitted to the County of
San Diego Department of Environmental Health for their review and issuance of a "No Further
Action Letter", signifYing that remediation goals for residential soils have been met.
8. The handling and management of all soils shaH require the implementation of Best Management
Practices to protect temporary stockpiles from erosion and stormwater run-on and run-off, as
specified in a site-specific Stormwater PoHution Prevention Plan (SWPPP) that shaH be prepared
by the Developer/Contractor and approved by the City of Chula Vista Engineering Department.
9. During activities where dust could potentially be generated including site grading, trenching,
excavating, drilling, maintaining stockpiles, loading and soil transportation, the
Developer/Contractor shan employ dust suppression techniques including use of water applied
by trucks, to mitigate impacts to nearby sensitive receptors (e.g., adjacent residents).
14
Hydrology and Water Quality
10. In order to reduce potential water quality impacts, the ApplicantlDeyeloper shall be required to
comply with the National Pollution Discharge Elimination System (NPDES) regulations
including the preparation and implementation of a Construction Storm Water Management Plan
(CSWMP) and a Storm Water Pollution Prevention Plan (SWPPP). The stormwater p1an,
including the selection of appropriate Best Management Practices (BMPs), shall be prepared
pursuant to the provisions of the California Regional Water Quality Control Board, San Diego
Region Order No. 2001-01 and will be subject to reyiew and approval by the City ofChula Vista
Engineering Department.
II. The project Applicant/Developer shall be required to identifY and propose appropriate structural
and non-structural Best Management Practices (BMPs), subject to the requirements of the
Standard Urban Storm Water Mitigation Plans (SUSMps) and Numeric Sizing Criteria and
subject to the review and approval by the City of Chula Vista Engineering Department, to
minimize to the maximum extent practicable discharge of pollutants identified in the Water
Quality Technical Report and generated at the site during the post-development phase of the
project.
Noise
12. Pursuant to Section 17.24.050(J) of the City of 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.ill. Saturdays and Sundays.
13. Prior to the issuance of a building permit, the Applicant/Developer shall submit plans to the City
of Chula Vista Building Official and Environmental Review Coordinator that include noise
abatement for the patio and balcony areas on the south and north faces of each of fiye rows of
buildings, the west face of the westem building on the west parcel, and on the east parcel, the
west face of the first row of buildings that extends beyond the northern boundary of the west
parcel (see figure 3). Noise abatement shall consist of a solid barrier on the face of the balcony
/Tom the base of the balcony to a height of five feet. The barrier may be made of masonry, wood,
glass or plexiglass, or similar material. The material is to have a minimum weight of 1.7 pounds
per square foot. The barrier may be designed so that it can be opened to allow airflow, but it
must be able to be closed without openings.
14. Prior to the issuance of a building permit, the applicant/deyeloper shall submit data to the City of
Chula Vista Environmental Reyiew Coordinator and the City Building Official demonstrating
that noise levels would be less than 45 dBA in habitable rooms of residence units at the south
and north faces of each of the five rows of buildings and the west faces of the western row of
buildings on each parcel.
15. Ifthe proposed design includes exterior HV AC equipment, the applicant/developer shall submit
data to the City of Chula Vista Environmental Review Coordinator to demonstrate that noise
generated by the equipment at any adjacent residential property line would not exceed 45 dBA
Leq between the hours of 10:00 p.m. and 7:00 a.ill., and 50 dBA Leq between the hours of7:00
a.m. and 10:00 p.ill.
IS
Traffic
16. In order to reduce cumulatiye significant impacts at the intersections of Frontage Road &
Palomar Street and Walnut Avenue & Palomar Street to an acceptable Level of Service, the
applicant/developer shall construct a partial median closure along the centerline of Palomar
Street that would prohibit left turns and through moyements from Frontage Road/Walnut Avenue
onto Palomar Street to the satisfaction of the City Engineer.
E. Consultation
I. Individuals and Organizations
City ofChula Vista:
Richard Zumwalt, Planning and Building
Brian Catacutan, Planning and Building
Luis Hemandez, Planning and Building
S.teve Power, Planning and Building
Josie Gabriel, Planning and Building
Marilyn Ponseggi, Planning and Building
Garry Williams, Planning and Building
Jim Newton, Engineering
Ben Herrera, Engineering
David Kaplan, Engineering
Silvester Evetovich, Engineering
Luis Pelayo, Engineering
Khosro Aminpour, Public Works
Richard Preuss, Police Department
Richard Gari, Fire Departmcnt
Dan Wery, Project Planner, RBF
Applicant/Property Owner: J&J Development
Agent: Jorge Sanchez Pedraza
2. Documents
City of Chula Vista General Plan
Title 19, Chula Vista Municipal Code
Air Toxics Risk Evaluation, Scientific Associated, November 2006;
Phase I Environmental Site Assessment, Ninyo & Moore, Qctober 2005
Limited Soil Sampling Report, Ninyo & Moore, March 2006
16
Human Health Screening Evaluation, Ninyo & Moore, August 2006
Soil Management Plan & Soils Sampling Report, Ninyo & Moore, Noyember 2006
Soil Management Plan Addendum, Ninyo & Moore, December 2006
Asbestos & Lead Containing Survey, Ninyo & Moore, March 2006
Biological Assessment of Project Site, EDA W, May 2005; Rev. July 2006
Air Quality Impact Analysis, EDA W, Inc., January 2006
Hydrology & Drainage Calculations, CJ & Associates, May 2006; Rev. July 2006
Preliminary Geotechnical Findings, Al1ied Earth Technology, October & December 2005 2004
Water Quality Technical Report, CJ & Associates, July 2006
Water System Analysis, Dexter Wislon Engineering, Inc., June 2006
Sewer Study, CJ & Associates, September 2006
Archaeological Survey& Historical Resource Report, EDA W, Inc., March 2006
Paleontological Record Search and Resource Sensitivity Assessment, Thomas A Demere, San
Diego Natural istory Museum, February 2006
Traffic Impact Study for Bayvista Walk (Project Site immediately north of Marsel1a Vi1las),
Katz, Okitsu & Associates, September 2005
Traffic Assessment for Marsella Vil1as, Katz, Okitsu & Associates, November 2005
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 A venue,
Chula Vista, CA 91910.
~~
Environmental Projects Manager
Date:
} '"ZO<S1
17
ENVIRONMENTAL CHECKLIST FORM
~\ft..
-r-
~-~
CITY Of
CHUIA VISTA
I. Name of Proponent:
Jorge Sanchez Pedraza
2. Lead Agency Name and Address:
CityofChula Vista
276 Fourth Avenue
Chula Vista, CA 91911
3. Addresses and Phone Number of Proponent:
Jorge Sanchez Pedraza
Alfa Group, Inc.
1030 White Alder Avenue
Chula Vista, CA 91914
(619) 520-9620
4. Name of Proposal:
Marsella Villas
5. Date of Checklist:
December 19,2006
6. Case No.
IS-06-005
ENVIRONMENTAL ANALYSIS QUESTIQNS:
Less Than
Potentially Significant Less Than
With
Issues: Significant Mitigation Significant No Impact
Impact Incorporated Impact
I. AESTHETICS. Would the project:
a) Haye a substantial adverse effect on a scenic vista? 0 0 0 .
b) Substantially damage scenic resources, including, 0 0 0 .
but not limited to, tress, rock outcroppings, and
historic buildings within a state scenic highway?
c) Substantially degrade the existing visual character or 0 0 0 .
quality of the site and its surroundings?
d) Create new source of substantial light or glare, which
would adversely affect day/night views in the area?
o
o
o
.
I
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Comments:
a) No significant scenic vistas or views open to the public exist through the site.
b) In accordance with the City's General Plan, Ada Street is not designated a scenic roadway.
c) The project site is within an urbanized area and contains older single family residential units.
The development of a planned residential development would not substantially degrade the existing
visual character or quality of the site or surrounding area.
d.) Proper architectural design would ensure compliance with Section 19.66.100 of the Chula Vista
Municipal Code. Exterior lighting would not be directed upward and would be designed and installed
with appropriate shielding if necessary, to ensure that light does not spill horizontally beyond the
limits of the development area onto adjacent roadways, and surrounding residential uses.
Mitil!ation: No mitigation measures are required.
II. AGRICULTURAL RESOURCES. Would the
project:
a) Convert Prime Farmland, Unique Farmland, or 0 0 0 .
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the Farmland
Mapping and Monitoring Program of the California
Resources Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural use, or 0 0 0 .
a Williamson Act contract?
c) Involve other changes in the existing environment, 0 0 0 .
which, due to their location or nature, could result in
conyersion of Farmland, to non-agricultural use?
2
~!f?
~
CnY Of
ENVIRONMENTAL CHECKLIST FORM (HUlA VISTA
1. Name of Proponent:
Jorge Sanchez Pedraza
2. Lead Agency Name and Address:
City of Chula Vista
276 Fourth Ayenue
Chula Vista, CA 91911
3. Addresses and Phone Number of Proponent:
Jorge Sanchez Pedraza
Alfa Group, Inc.
8555 Station Village Lane, Suite 3247
San Diego, CA 92108
(858) 455-5197
4. Name of Proposal:
s. Date of Checklist:
6. Case No.
Marsella Villas
December 2006
IS-06-005
ENVIRONMENTAL ANALYSIS QUESTIONS:
Less Than
Potentially Significant Less Than
With
Issues: Significant Mitigation Significant No Impact
Impact Incorporated Impact
I. AESTHETICS. Would the project:
a) Have a substantial adverse effect on a scenic vista? 0 0 0 .
b) Substantially damage scenic resources, including, 0 0 0 .
but not limited to, tress, rock outcroppings, and
historic buildings within a state scenic highway?
c) Substantially degrade the existing visual character or 0 0 0 .
quality of the site and its surroundings?
d) Create new source of substantial light or glare, which
would adversely affect day/night views in the area?
o
o
o
.
1
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Comments:
a) No significant scenic vistas or views open to the public exist through the site.
b) In accordance with the City's General Plan, Ada Street is not designated a scenic roadway.
c) The project site is within an urbanized area and contains older single family residential units.
The deyelopment of a planned residential development would not substantiany degrade the existing
visual character or quality of the site or surrounding area.
d.) Proper architectural design would ensure compliance with Section 19.66.100 of the Chula Vista
Municipal Code. Exterior lighting would not be directed upward and would be designed and installed
with appropriate shielding if necessary, to ensure that light does not spill horizontany beyond the
limits of the development area onto adjacent roadways, and surrounding residential uses.
Miti2ation: No mitigation measures are required.
II. AGRICULTURAL RESOURCES. Would the
project:
a) Convert Prime Farmland, Unique Farmland, or 0 0 0 .
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the Farmland
Mapping and Monitoring Program of the California
Resources Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural use, or 0 0 0 .
a Williamson Act contract?
c) Involve other changes in the existing environment, 0 0 0 .
which, due to their location or nature, could result in
conversion ofFarrnland, to non-agricultural use?
2
Issues:
Comments:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
a-c) The project site is presently located in a fully urban setting. The project site is neither in current
agricultural production nor adjacent to property in agricultural production and contains no agricultura1
resources or designated farmland areas.
Miti!!ation: No mitigation measures are required.
ill. AIR QUALITY. Would the project:
a) Conflict with or obstruct implementation of the
applicable air quality plan?
b) Violate any air quality standard or contnlmte
substantially to an existing or projected air
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)?
d) Expose sensitive receptors to substantial pollutant
concentrations?
e) Create objectionable odors affecting a substantial
number of people?
Comments:
a-e) See Mitigated Negative Declaration, Section E.
o
o
o
o
o
Miti!!ation: Mitigation measures are required. See MND, Section F.
3
o
.
o
.
o
.
o
.
o
o
No Impact
o
o
o
o
.
Issues:
IV. BIOLOGICAL RESOURCES. Would the project:
a) Have a substantial adyerse effect, either directly or
through habitat modifications, on any specIes
identified as a candidate, sensitive, or special status
specIes m local or regional plans, policies, or
regulations, or by the California Department of Fish
and Game or u.s. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community identified
in local or regional plans, policies, regulations or by
the Califomia Department of Fish and Game or u.s.
Fish and Wildlife Service?
c) Have a substantial adyerse effect on federally
protected wetlands as defined by Section 404 of the
Clean Water Act (including, but not lirnited to, marsh,
vernal pool, coastal, etc.) through direct removal,
fining, hydrological interruption, or other means?
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife species or
with established native resident or migratory wildlife
corridors, or impede the use of natiye wildlife nursery
sites?
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
No Impact
Less Than
Significant
Impact
o
o
.
o
o
o
.
o
o
o
.
o
o
o
o
.
e) Conflict with any local policies or ordinances protecting 0 0 0 .
biological resources, such as a tree preservation policy
or ordinance?
f) Conflict with the provisions of an adopted Habitat 0 0 0 .
Conservation Plan, Natural Community Conservation
Plan, or other approved ]ocal, regional, or state habitat
conservation plan?
4
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Comments:
a) The project site is located in a ful1y urbanized developed area. Based upon a Biological Survey conducted on
September 2005 by EDA W, Inc., a Biological Consulting Firm, no candidate, sensitive, or special status species
are present within or immediately adjacent to the proposed development area.
b) Based upon the Chula Vista MSCP Subarea Plan and field inspection by an EDA W staff biologist on September
2005, no riparian habitat or other sensitive natural communities are present within or immediately adjacent to the
proposed project site.
c) Based upon field inspection by an EDAW staff biologist on September 2005, no wetlands are present within or
immediately adjacent to the proposed deyelopment area.
d) Based upon the Chula Vista MSCP Subarea Plan and field inspection by an EDA W staff biologist on September
2005, no native resident or migratory wildlife corridors or native wildlife nursery sites exist within or immediately
adjacent to the proposed development area. A yacant dirt lot subject to development is located north of the project
site. The project also proposes the removal of ornamental trees. This action has the potential to impact migratory
birds. The potential impact to nesting raptors and migratory birds can be mitigated by either performing tree
removal outside of the breeding season or by performing a presence/absence survey for breeding birds three days
in advance to the proposed removal date. If active nests are identified then the trees wil1 not be removed until the
nests are no longer active.
e) No impacts to any local policies or ordinances protecting biological resources, such as a tree preservation policy or
ordinance would result from the proposed project development.
f) No impacts to local, regional or state habitat conservation plans would result since the project site is a designated
development area pursuant to the adopted Chula Vista MSCP Subarea Plan.
Mitigation: Mitigation measure is required. See Section F of the MND.
V. CULTURAL RESOURCES. Would the project:
a) Cause a substantial adverse change in the significance
of a historical resource as defined in State CEQA
Guidelines 9 15064.5?
o
o
.
o
b) Cause a substantial adverse change in the significance
of an archaeological resource pursuant to State CEQA
Guidelines 9 l5064.5?
o
o
o
.
5
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
c) Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature?
D
.
D
D
d) Disturb any human remains, including those interred
outside offoITnal cemeteries.
D
D
D
.
Comments:
a) An historic evaluation was conducted by EDA W, Inc. on March 2006. Based on this survey one
residential dwelling unit built in 1929 was encountered. Due to extensive alterations to windows and
exterior finish the building does not retain sufficient architectural integrity. The residential building was
not considered significant under CEQA since it did not meet the criteria for listing in the California
Register of Historic Resources (Pub]ic Resources Code Sec.5024.1, title 14 CCR, Section 4852).
b) An archaeological survey was conducted by EDA W, Inc. on March 2006. Based on this survey no
cultural resources were identified within the project area, and no previously recorded sites are located
within the project boundaries. Therefore, no cultural resources wilJ be impacted by the proposed
construction, and no further archaeological investigations are recommended for this project.
c) A paleontological record search and resource assessment has been completed by Thomas A. Demere,
Ph. D. on February ]3,2006. The report states that because of the high paleontolgica] resource potentia]
of the Bay Point Formation and the "nearshore marine sandstone," paleontological monitoring of mass
grading, excavation, and utility trenching actiyities in areas so mapped should be required to mitigate
impacts to any undiscovered nonrenewable paleontological resources (i.e. fossils).
Mitigation: Mitigation measures regarding potential paleontological resources are required. See Section F ofMND.
VI. GEOLOGY AND SOILS -- Would the project:
a) Expose people or structures to potential substantia]
adverse effects, including the risk of loss, injury or
death involving:
I.
Rupture of a known earthquake fault, as delineated
on the most recent A]quist-Priolo Earthquake Fault
Zoning Map issued by the State Geologist for the
area or based on other substantia] evidence of a
known fault?
o
o
o
.
6
Issues:
11.
Strong seismic ground shaking?
111.
Seismic-related ground failure, including liquefaction?
lY.
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, 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 available for
the disposal of wastewater?
7
PotentiaUy
Significant
Impact
o
o
o
o
o
o
o
Less Than
Significant
With
Mitigation
Incorporated
o
o
o
o
o
o
o
Less Than
Significant
Impact
o
o
o
.
o
.
o
No Impact
.
.
.
o
.
o
.
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Comments:
a-e) The site has been previously graded and developed with single family residential units. There are
no known or suspected seismic hazards associated with the project site. The project site lies Oyer
one mile west of the La Nacion Fault Zone (an inactive fault zone). The closest recently active
fault is the Rose Canyon Fault, located about 8 miles south of the site. The site is not located
within an Alquist-Priolo Special Studies Zone. Therefore, project compliance with applicable
Unifonn Building Code standards would adequately address any building safety/seismic concerns.
Allied Earth Technology prepared a Geotechnical/Soils report on February 2005. The report,
approyed by the City Engineering Department, states that no adverse geotechnical conditions were
encountered which would prohibit the proposed development of the site. The preparation and
submittal of a final soils report will be required prior to the issuance of a grading permit as a
standard engineering requirement.
In order to preyent silt discharge during construction, the developer will required to comply with
best management practices in accordance with NPDES Order No. 2001-01. The appropriate
standard erosion control measures would be identified in conjunction with preparation of final
grading plans and would be monitored and implemented during construction by the Engineering
Division. Therefore, the potential for the discharge of silt into city drainage systems would be less
than significant.
Mitigation: Mitigation measures are not required.
VII. 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
.
o
o
b) Create a significant hazard to the public or the 0 . 0 0
environment through reasonably foreseeable upset
and accident conditions inyolving the release of
hazardous materials into the environment?
c) Emit hazardous emissions or handle hazardous or 0 0 0 .
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?
8
Issues:
d)
Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or
the environment?
e)
For a project located within an airport land use plan
or, where such a plan has not been adopted, within
two miles of a public airport or public use airport,
would the project result in a safety hazard for
people residing or working in the project area?
f)
For a project within the vicinity of a priyate airstrip,
would the project result in a safety hazard for
people residing or working in the project area?
g)
Impair implementation of or physically interfere
with an adopted emergency response plan or
emergency evacuation plan?
h)
Expose people or structures to a significant risk of
loss, mJury or death involving wildland fires,
including where wildlands are adjacent to urbanized
areas or where residences are intermixed with
wildlands?
9
Potentially
Significant
Impact
D
D
D
D
D
Less Than
Significant
With
Mitigation
Incorporated
D
D
D
D
D
Less Than
Significant
Impact
D
D
D
D
D
No Impact
.
.
.
.
.
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Comments:
a-d)A Phase I Environmental Site Assessment report was prepared by Ninyo & Moore on October 6,
2005 for the project site. Historical research as part of the Phase I report identified the project site
as an area formerly dedicated to agricultural uses. The Phase I recommended a shallow subsurface
investigation to evaluate the presence of residual pesticides. The Limited Soil Sampling Report
prepared by Ninyo & Moore on March 24, 2006 detected pesticide samples at above the State of
California hazardous waste level of 1.0 mg/kg. A Human Health Screening Eyaluation (HHSE)
was subsequently prepared by Ninyo & Moore and submitted for reyiew and approval by the City
and County Department of Environmental Health (DEH). The DEH concurred with the findings of
the HHSE, which determined the estimated risk to humans to be at an acceptable level. The DEH
required the preparation of a Soil Management Plan to be available prior to the issuance of any
grading permits. The Soil Management Plan & subsequent Addendum addresses the notification,
monitoring, sampling, testing, handling, storage and disposal of contaminated soil, media or
substances that may be encountered. Mitigation measures are required.
Ninyo & Moore Consultants also conducted an asbestos and lead-containing surface survey at the
eight residential buildings located on the project site. Based on this survey ACMs were located in
each of the eight buildings. Appropriate mitigation measures will be required.
e-f) The project is not located within an airport land use plan or within two miles of an airport.
g) The project as proposed and based on its location would not interfere with an adopted emergency
response plan. No impacts are noted.
h) The project site is not adjacent to a wildlands area. No impacts related to significant risk of loss,
injury or death involving wildland fires are noted.
Mitie:ation: Mitigation measures are required. See Section F of the Mitigated Negatiye Declaration.
VIII. HYDRQLOGY AND WATER QUALITY.
Would the project:
Result in an increase in pollutant discharges to receiving 0 . 0 0
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?
a) Substantially deplete groundwater supplies or interfere 0 0 0 .
substantially with groundwater recharge such that
there would be a net deficit in aquifer volmne or a
lowering of the local groundwater table level (e.g., the
10
Issues:
production rate of pre-existing nearby wells would
drop to a level which would not support existing land
uses or planned uses for which permits haye been
granted)? Result in a potentially significant adverse
impact on groundwater quality?
b) 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?
c) Substantially alter the existing 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
structures within a IOO-year flood hazard area which
would impede or redirect flood flows?
d) Expose people or structures to a significant risk ofloss,
injury or death involving flooding, including flooding
as a result of the failure of a levee or dam?
e) Create or contribute runoff water, which would exceed
the capacity of existing or planned stormwater
drainage systems or provide substantial additional
sources of polluted runofl?
11
Potentially
Significant
Impact
D
D
D
D
Less Than
Significant
With
Mitigation
Incorporated
D
D
D
.
Less Than
Significant
Impact
D
.
D
D
No Impact
.
D
.
D
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Comments:
a) The proposed grading and development of the vacant site would result in changes in absorption
rates, drainage patterns, and the rate and amount of surface runoff. There is a potential for an
increase in pollutant discharges. However, standard BMP requirements will reduce any potential
impacts to water bodies to less than significant.
b) The project would not result in a substantial depletion of groundwater supplies or interfere
substantially with groundwater recharge.
c) The proposed grading and development of the vacant site would result in changes in absorption
rates, drainage patterns, and the rate and amount of surface runoff but would not result in adverse
impacts to streams or rivers that would result in substantial erosion or siltation.
d) The proposed grading and development ofthe vacant site would result in changes in absorption
rates, drainage patterns, and the rate and amount of surface runoff but would not result in adverse
impacts to streams or riyers that would result in substantial flooding or place structures in a flood
zone.
e) The proposal would not expose people or structures to significant risk ofloss or injury or death
inyolving flooding.
f) The proposed grading and development of the yacant site would result in changes in absorption
rates, drainage patterns, and the rate and amount of surface runoff but would not exceed the
capacity of existing stormwater drainage facilities.
Mitigation: Mitigation measures are required. See Section F of the Mitigated Negative Declaration.
IX. LAND USE AND PLANNING. Would the
project:
a) Physically divide an established community?
o
o
o
.
b) Conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the project
(including, but not limited to the general plan, specific
plan, local coastal program, or zoning ordinance) adopted
for the purpose of avoiding or mitigating an environmental
effect?
o
o
.
o
c) Conflict with any applicable habitat conservation plan
or natural community conservation plan?
o
o
o
.
12
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Comments:
a. The project site is within an established residential community. The proposal would not result in a
community being physically divided.
b. The General Plan designates the project site as a Transit Focus Area (TF A). The residential project will be
consistent with the General Plan designation subject to approval of a Conditional Use Permit (CUP) and a
zone change to the appropriate zoning.
c. The project would not conflict with the adopted City of Chula Vista MSCP Subarea Plan.
Miti2ation: No mitigation measures are required.
x. MINERAL RESOURCES. Would the project:
a) 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
.
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-b) The proposal would not result in any loss of any known mineral on-site. Pursuant to the Environmental
Impact Report for the City of Chula Vista General Plan, the State of California Department of Conservation
has not designated the project site for mineral resource protection.
Mitigation: No mitigation measures are required.
XI. NOISE. Would the project result in:
a) Exposure of persons to or generation of noise levels in
excess of standards established in the local general
o
.
o
o
13
Issues:
plan or noise ordinance, or applicable standards of
other agencies?
b) Exposure of persons to or generation of excessive
groundborne vibration or groundborne noise levels?
c) A substantial pennanent increase in ambient noise
levels in the project vicinity aboye levels existing
without the project?
d) A substantial temporary or periodic mcrease m
ambient noise levels in the project vicinity above
leve1s existing without the project?
e) For a project located within an airport land use plan or,
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would
the project expose people residing or working in the
project area to excessive noise leyels?
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 leyels?
14
Potentially
Significant
Impact
o
o
o
o
o
Less Than
Significant
With
Mitigation
Incorporated
.
o
.
o
o
Less Than
Significant
Impact
o
.
o
o
o
No Impact
o
o
o
.
.
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Comments:
a-d) See Mitigated Negative Dec1aration, Section E.
e) The project is not located within an airport land use plan nor within two miles of a public airport or public use
airport; therefore, the project would not expose people residing or working in the project area to excessive noise
leyels.
f) The project is not located within the vicinity of a private airstrip; therefore, the project development would not
expose people working in the project area to excessive noise leyels.
Miti!!ation: Mitigation measures are required. See Mitigated Negative Declaration, Section F.
XII. POPULATION AND HOUSING. Would the
project:
a) Induce substantial population growth in an area, either
directly (for example, by proposing new homes and
businesses) or indirectly (for example, through
extension of road or other in/Tastructure)?
o
o
o
.
b) Displace substantial numbers of eXlstmg housing,
necessitating the construction of replacement housing
elsewhere?
o
o
o
.
c) Displace substantial numbers of people, necessitating
the construction of replacement housing elsewhere?
o
o
o
.
Comments:
a-<:) The proposal involves a minimal increase in population and would not induce population growth or displace
substantial housing stock or people. New housing stock would be made available through approval of this
project.
Miti!!ation: No mitigation measures are required.
XIII. PUBLIC SERVICES. Would the project:
a) Result m substantial adverse physical impacts
associated with the provision of new or physically
15
Issues:
Potentially
Significant
Impact
Less Than
Significant
With'
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
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 times or other performance
objectiyes for any public services:
Fire protection?
o
o
o
.
Police protection?
o
o
o
.
Schools?
o
o
o
.
Parks?
o
o
o
.
Other public facilities?
o
o
o
.
Comments:
a) According to the Fire Department, the proposaJ would not have a significant effect upon or result in a need for
new or altered fife protection services.
b) According to the Police Department, the proposal would not have a significant effect upon or result in a need for
substantial new or altered police protection services.
c) The proposed project would not induce significant population growth, However, since schools are presently
impacted in the area, the Chula Vista School District recommends that the project applicant set up a Mello-Roos
type of a district.
d) Because the proposed project would not induce population growth, it would not create a demand for
neighborhood or regional parks or facilities or impact existing park facilities.
e) The proposed project would not have a significant effect upon or result in a need for new or expanded
govemmental services and could continue to be served by existing public infTastructure.
Miti2ation: No mitigation measures are required.
XIV. RECREATION. Would the project:
a)
Increase the use of existing neighborhood and regional
parks or other recreational facilities such that
substantial physical deterioration of the facility would
o
o
o
.
16
Issues:
occur 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
o
Less Than
Significant
With
Mitigation
Incorporated
o
Less Than
Signifieant
Impact
o
No Impact
.
a) Because the proposed project would not induce significant population growth, it would not create a demand for
neighborhood or regional parks or facilities nor impact existing neighborhood parks or recreational facilities.
b) The project does not include or require the construction or expansion of recreational facilities.
Mitigation: No mitigation measures are required.
xv. TRANSPORTATION / TRAFFIC. Would the
project:
a) Cause an increase in traffic, which is substantial in
relation to the existing traffic load and capacity of the
street system (i.e., result in a substantial increase in
either the number of vehicle trips, the volume to
capacity ratio on roads, or congestion at intersections)?
b) Exceed, either individually or cumulatively, a level of
service standard established by the county congestion
management agency for designated roads or
highways?
c) Result in a change in air traffic patterns, including
either an increase in traffic levels or a change in
location that results in substantial safety risks?
d) Substantially increase hazards due to a design feature
(e.g., sharp curves or dangerous intersections) or
17
o
o
o
o
.
.
o
o
o
o
o
o
o
o
.
.
Less Than
Potentially Significant Less Than
With
Issues: Significant Mitigation Significant No Impact
Impact Incorporated Impact
incompatible uses (e.g., farm equipment)?
e) Result in inadequate emergency access? 0 0 0 .
f) Result in inadequate parking capacity? 0 0 0 .
g) Conflict with adopted policies, plans, or programs 0 0 0 .
supporting altematiye transportation (e.g., bus
turnouts, bicycle racks)?
Comments: See Mitigated Negative Declaration, Section E.
Mitil!ation: 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?
o
o
o
.
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?
o
o
o
.
c) Require or result in the construction of new storm water
drainage facilities or expansion of existing facilities, the
construction of which could cause significant
environmental effects?
o
o
.
o
d) Have sufficient water supplies available to serve the
project !Tom existing entitlements and resources, or are
o
o
o
.
18
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
new or expanded entitlements needed?
e) Result in a determination by the wastewater treatment
provider, which serves or may serve the project that it
has adequate capacity to serve the project's projected
demand in addition to the provider's existing
commitments?
o
o
o
.
/) Be served by a landfill with sufficient permitted capacity
to accommodate the project's solid waste disposal
needs?
o
o
.
o
g) Comply with federal, state, and local statutes and
regulations related to solid waste?
o
o
.
o
Comments:
a) The project is located within an urban setting presently served by an utilities and service systems and
would not exceed the wastewater treatment requirements ofthe R WQCB. Therefore no adverse
impacts to wastewater treatment facilities would occur as a result of the proposed project.
b) The proposal would not require new construction nor expansion of existing wastewater treatment facilities.
Development of the project will not impact existing water or wastewater treatment facilities.
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 Storm Water Management
Requirements therefore, environmental impacts would be less than significant.
d) The project site is within the Sweetwater Water District service territory. The Water District has stated that
they have the capacity to serve the proposed project.
e) The City ofChula Vista has sufficient wastewater capacity to serve this project. No impacts are noted.
/) The project will be served by a local landfill that has adequate capacity.
g) The proposed project will comply with all state and local solid waste requirements. No impacts are noted.
Mitigation: No mitigation measures are required.
XVII. THRESHOLDS
Will the proposal adversely impact the City's
Threshold Standards?
19
Issues:
A. Library
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 shan be phased such that
the City will not fan below the city-wide ratio of 500
GSF per 1,000 population. Library facilities are to be
adequately equipped and staffed.
B) Police
a) Emergency Response: Properly equipped and staffed
police units shall respond to 81 percent of "Priority One"
emergency cans within seven (7) minutes and maintain an
ayerage response time to all "Priority One" emergency
cans of 5.5 minutes or less.
b) Respond to 57 percent of "Priority Two" urgent cans
within seven (7) minutes and maintain an average
response time to an "Priority Two" cans of 7.5 minutes or
less.
C) Fire and Emergency Medical
Emergency response: Properly equipped and staffed fire and
medical units shall respond to cans throughout the City
within 7 minutes in 80% of the cases (measured annuany).
D) Traffic
The Threshold Standards require that all intersections must
operate at a Level of Service (LOS) "C" or better, with the
exception that Level of Service (LOS) "D" may occur during
the peak two hours of the day at signalized intersections.
Signalized intersections west of I-80S are not to operate at a
LOS below their 1991 LQS. No intersection may reach LOS
"E" or "F" during the average weekday peak hour.
Intersections of arterials with fTeeway ramps are exempted
!Tom this Standard.
E) Parks and Recreation Areas
The Threshold Standard for Parks and Recreation is 3 acres
of neighborhood and community parkland with appropriate
20
Potentially
Significant
Impact
o
o
o
o
o
Less Than
Significant
With
Mitigation
Incorporated
o
o
o
.
o
Less Than
Significant
Impact
o
o
o
o
o
No Impact
.
.
.
o
.
Issues:
facilities/I ,000 population east of I-80S.
F) Drainage
The Threshold Standards require that storm water flows and
volumes not exceed City Engineering Standards. Individual
projects wi]] provide necessary improvements consistent with
the Drainage Master Planes) and City Engineering Standards.
G) Sewer
The Threshold Standards require that sewage flows and
volumes not exceed City Engineering Standards. Individual
projects will provide necessary improvements consistent with
Sewer Master Plan(s) and City Engineering Standards.
H) Water
The Threshold Standards require that adequate storage,
treatment, and transmission facilities are constructed
concurrently with planned growth and that water quality
standards are not jeopardized during growth and construction.
Applicants may also be required to participate in whatever
water conservation or fee off-set program the City of Chula
Vista has in effect at the time of building pennit issuance.
21
Potentially
Significant
Impact
o
o
o
Less Than
Significant
With
Mitigation
Incorporated
o
o
o
Less Than
Significant
Impact
.
o
o
No Impact
o
.
.
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Comments:
a) The project would not significantly induce population growth; therefore, no impacts to library facilities would
result. No adverse impact to the City's Library Threshold standards would occur as a result of the proposed
project.
b) No adverse impact to the City's Police threshold standards would occur as a result of the proposed project.
Police Department states that they can continue to provide service at current levels
c) According to the Fire Department, adequate fire protection and emergency medical services can continue to be
provided to the site. Although the Fire Department has indicated they will provide service to the project, the
project will contribute to the incremental increase in fIre service demand throughout the City. This increased
demand on fIre services will not result in a significant cumulative impact. No adverse impact to the City's Fire
threshold standards would occur as a result of the proposed project.
d) The surrounding street segments and intersections continue to operate in compliance with the City's Traffic
Threshold Standards at LOS "C" or better with the exception of the intersection of Frontage Road/Walnut A venue
& Palomar Street, which operate at an LOS "F" during AM & PM peak hours with or without the project.
However, since the project trips comprise less than 3% of the total intersection entering volume, the intersection
and segment impacts would be deemed as cumulative impacts. In order to reduce this cumulative impact,
mitigation is required. See Mitigated Negative Declaration, Section F.
e) The project proposes residential development west ofI-805; this Threshold Standard is not app1icable.
f) The app1icant proposes new drainage facilities on the project site in order to properly convey stormwater rrom the
developed site to existing city drainage facilities. No adverse impacts to the City's storm drainage system or
City's Drainage Threshold standards will occur as result of the proposed project.
g) Based on the Sewer study prepared by CJ & Associates on May 10, 2006 (Rev. July 2006), the Engineering
Division has determined that the existing sewer facilities are adequate to serve the proposed project. No new
sewer facilities are anticipated to be required and no adverse impacts to the City's Sewer Threshold standards will
occur as a result of the proposed project.
h) Pursuant to correspondence received rrom Sweetwater Authority, there is a lO-inch water main located on the
north side of Ada Street, a 16-inch water main located on the east side of!ndustrial Avenue, and a 6-inch main on
the east side of Frontage Road. Sweetwater Authority indicates that water service can be provided at the required
pressures once the owner enters into an agreement for water faci1ity improvements. The existing domestic water
services and fIre service that currently service the project site are adequate and will not need to be altered. Project
impacts to the Authority's storage, treatment, and transmission facilities would be less than significant.
22
Issues:
XVIII. MANDATORY FINDINGS OF
SIGNIFICANCE
a) Does the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining
levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range of
a rare or endangered plant or animal or eliminate
important examples of the major periods of California
history or prehistory?
b) Does the project have impacts that are individually
limited, but cumulatively considerable?
{"Cumulatively considerable" means that the
incremental effects of a project are considerable when
viewed in connection with the effects of past projects,
the effects of other current project, and the effects of
probable future projects.)
c) Does the project haye environmental effects, which
will cause substantial adverse effects on human
beings, either directly or indirectly?
Comments:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
No Impact
Less Than
Significant
Impact
o
o
o
.
o
o
o
.
o
o
.
o
a) The project site is presently developed with residential units. The project site is located within an established
residential community. The site lies within the designated development area of the adopted Chula Vista
MSCP Subarea Plan. There are no sensitive plant or animal species or cultural resources on the site.
b) As described in the Mitigated Negative Declaration, significant direct project impacts would be mitigated to
below a level of significance through the required mitigation measures. No cumulatively considerable
impacts associated with the project when viewed in connection with the effects of past projects, other current
projects and probable future projects have been identified.
c) See Mitigated Negative Declaration, Section E.
23
XIX. PROJECT REVISIONS OR MITIGATION MEASURES:
Project mitigation measures are contained in Section F, Mitigation Necessary to Avoid Significant
Impacts, and Table I, Mitigation Monitoring and Reporting Program, of Mitigated Negative
Declaration IS-06-005.
xx. AGREEMENT TO IMPLEMENT MITIGATION MEASURES
By signing the line(s) provided below, the Applicant and Operator stipulate that they haye each read,
understood and have their respectiye company's authority to and do agree to the mitigation measures
contained . d will implement same to the satisfaction of the Environmental Review Coordinator.
Fa. e to sign the line provided below prior to posting of this Mitigated Negative Declaration with
e County Clerk shall I dicate the Applicant's and Operator's desire that the Project be held in
abeyance without approv and that the Applicant and Operator shall apply for an Environmental Impact
Report. r ()
. 6:Mcl ~ E'6f&Z ~
Signature of Appl" nt
. ng Partner
Jorge Sanchez Pedra a,
(
l~lZ6) Ob
Dat
24
XXI. ENVIRONMENTAL F ACTQRS 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.
o Land Use and Planning . TransportationlTraffic
o Population and Housing .Biological Resources
o Geophysical 0 Energy and Mineral
Resources
o Public Services
o Utilities and Service Systems
o Aesthetics
o Agricultural Resources
. HydrologyfWater
. Air Quality
. Paleontological
Resources
. Hazards and Hazardous
Materials
. Noise
o Cultural Resources
o Recreation
o Mandatory Findings of Significance
25
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 wiIJ be prepared.
I find that although the proposed project could haye a significant effect on the .
environment, there will not be a significant effect in this case because revisions in
the project have been made or agreed to by the project proponent. A Mitigated
Negative Declaration will be prepared.
I find that the proposed project may have a significant effect on the environment, 0
and an Environmental Impact Report is required.
I find that the proposed project may haye 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 Report is
required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the 0
environment, because all potentially significant effects (a) haye been analyzed
adequately in an earlier EIR or Negative Declaration pursuant to applicable standards
and (b) have been avoided or mitigated pursuant to that earlier EIR or Negatiye
Declaration, including revisions or mitigation measures that are imposed upon the
proposed project, nothing further is required.
D-u,J <.0"'7
J : \P\annin g\BenG\Ini t1a1 S tudy\IS-06~OO5 .doc
26
ATTACHMENT "A"
MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
Marsella Villas Proiect - 18-06-005
This Mitigation Monitoring and Reporting Program has been prepared by the City ofChula Vista
in conjunction with the proposed Marsella Villas Townhome project. The proposed project has
been evaluated in an Initial Study/Mitigated Negative Declaration prepared in accordance with
the California Enyironmental Quality Act (CEQA) and City/State CEQA Guidelines (IS-06-
005). The legislation requires public agencies to ensure that adequate mitigation measures are
implemented and monitored for Mitigated Negative Declarations.
AB 3 I 80 requires monitoring of potentially significant and/or significant environmental impacts.
The Mitigation Monitoring and Reporting Program for this project ensures adequate
implementation of mitigation for the following potential impacts(s):
I. Air Quality
2. Biological Resources,
3. Paleontological
4. Hazards and Hazardous Materials
5. Hydrology and Water Quality
6. Noise
7. TransportationlTraffic
MONITORING PROGRAM
Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinators
shall be the Environmental Review Coordinator and City Engineer of the City of Chula Vista.
The applicant shall be responsible to ensure that the conditions of the Mitigation Monitoring and
Reporting Program are met to the satisfaction of the Environmental Review Coordinator and
City Engineer. The applicant shall provide evidence in written form confirming compliance with
the mitigation measures specified in Mitigated Negative Declaration IS-06-005 to the
Environmental Reyiew Coordinator and City Engineer. The Environmental Review Coordinator
and City Engineer will thus provide the ultimate verification that the mitigation measures have
been accomplished.
Table 1, Mitigation Monitoring and Reporting Program Checklist, lists the mitigation measures
contained in Section F, Mitigation Necessary to Avoid Significant Effects, of Mitigated Negative
Declaration IS-06-005, 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 monitoringlyerifying that the applicant
has completed each mitigation measure. Space for the signature of the yerifying person and the
date of inspection is proyided in the last column.
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Building
Planning Division
Department
I Development Processing
CI1Y Of
CHULA VISfA
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 disciosed:
1. List the names of all persons haYing a financial interest in the property that is the subject of the application or the
contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
~\I\WM ~.tvv:b2-4 -:Dcw,,:" VI L\Nv\tJi"V2)
A-I-f) "..,.1-ro ~="~,e L- . .
/-.A, ((iY\s-fvoc--ll-oV\ JxvV\ (6 l1)/\d,.efS
2. If any person' identified pursuant to (1) aboye 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.
,~.-'"
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.
~I.vz.Iro San{!1fz
5.
Has any person' associated with this contract had any financial dealings ::::ijh an officia'" of the City of Chula
Vista as it relates to this contract within the past 12 months. Yes_ NO--1-
If Yes, briefty 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 _If yes, which Council member?
17,~ Fo,~rth A\-'ell~..e
Chl~:a '/is:,-j
Caiifornia
91910
.(619) 6S1<51 01
~\(~
-.-
'-- --
p I ann
n g
& Building
Planning Division
Department
Development Processing
CfTY 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 Vista in the
past tweive (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.)
Yes_ NOf
If Yes, which official** and what was the nature of item provided?
.----
--............
Date:
l~lo(p
..
.-
Signature of Contractor/App icant
, I; :>
.V")'VO e
type na e of Contractor/Applicant
Print or
.
Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other
political subdivision, -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 F8u,th A'.'E:'lue
Cnc.:la Vj:,~2
Ca!iforl-,ia
91910
(619) 691-5101
.A {(/,,/-C if AI E'..rlry 7
LAND USE AND TRANSPORTATION ELEMENT
CHAPTER 5
.' . ___..".....__.n__'..........._ ,..
.. .'. --.--.------..-- ~...~--_._._..-
..-.. .-....-....--...-.-...
8.4.3 Palomar Gateway District
----------....----".-- ".---. - -
------..-...-
Description of District
--.---,...----.-,.--
---.-....----
-" ... -_..
"".n_"."'. ....".. , .__ ".__..__...._......__._....__
__'......,.........m.____.._......."...._.._.. ____.__
The Palomar Gateway District (Figure 5-23) is located at the interchange of Palomar Street and
Interstate 5, and is characterized by the Palomar Trolley Station, located at the southeast quadrant
of Palomar Street and Industrial Boulevard.
Existing Conditions
North of Palomar Street are light industrial businesses and multi-family housing. South of
Palomar Street is a mix of singie-famiiy and multi-family housing extending south to Anita Street
Vision for District
The Palomar Gateway District is the major southern gateway into the City and functions as one of
the activity corridors in the City. The District provides housing and support uses near a regional
transit route. Higher density residential development within walking distance of the Palomar
Trolley Station provides additional affordable housing opportunities.
Local retail and seNices are along Palomar Street and more retail
and seNices are in mixed use developments south of Palomar
Street
In addition to nearby community-seNing retail uses on Broadway
and Palomar Street a new five-acre neighborhood park is located
in the area north of Oxford Street within walking distance of new
residential housing.
Page LUT-14 7
~{/t-
=
=a
CHULA VISt\
~L~C~i!:a
\ ~'[.~ VisiQn
" 2020
Southwest Planning Area
Palomar Gateway &
West Fairfield Districts
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· MIXED USE
· COMMERCIAL
.
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~........ "'\" ..l=\~
MiXED USE 1RANSIT
FOCUS AREA
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REFUGe:
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INDUSTRIAL
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WEST FAIRFIELD
DISTRICT
NOT TO SCALE
Figure 5-23
PARK &
RECR::A ilON
O",ord
St.
Palomar
St
PALOMAR
GATEWAY
DISTRICT
LIMiTED
lNDU5TR!AL
")< .=
'J=
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?L= "E--- TRc. L~ LINE
').,- ,:..1;,.. _,
3'=
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EXISTING TRANSIT STATION
- FUTURE TRANSIT ROUTE
PUBLIC QUASI-PUBLIC
(POTENTIAL EDUCATIONAL FACILITY)
POTENTIAL NEIGHBORHOOD PARK
AREAS OF CHANGE
! EXISTING LAND USE
.)
Page LL:T-148 City ofCCuia VSC2 Gel"r"1 Pial
LAND USE AND TRANSPORTATION ELEMENT
CHAPTER 5
.-...-.'......--.. _._~-_._-~._._-
~11II~Q6jiaiv~'1IWJA3~1
Establish a Mixed Use Transit Focus Area surrounding theHPalomar
Trolley Station.
----_._---._._.,--~.-..._----_._._--_._-_.,---"-----_.--------
.--------
Policies
LUT 43.1
The City shall prepare, or cause to have prepared, a specific plan, master plan,
or other regulatory document to guide the coordinated establishment of a
Mixed Use Transit Focus Area within the Palomar Gateway District on
properties north and south of Palomar Street within walkable distance of the
Palomar Trolley Station. The specific plan or other regulatory document shall
include guidelines and zoning-level standards for the arrangement of land
uses that include plans for adequate pedestrian connections and support
services for residents, as well as those using the transit station.
The City will prepare an Implementation Program to assure establishment of
the above plan/regulations. The Program will inciude interim provisions for the
consideration of any projects within this areas, prior to completion and
adoption of the according plan/regulations.
LUT 43.2
Provide for a five-acre neighborhood park within the Palomar Gateway District
Uses
LUT 43.3
Strive for a distribution of uses within the areas designated as Mixed Use
Transit Focus Area along Palomar Street to include retail, offices, and
residential, as generally shown on the following chart:
~
o Residential
o Retail
. Offices
I
Page WT-149
~\I(?-
- --
=a
0ftJ!.A VISTA
~0Ch1!la
(-~~g VIsta
~l~VisiQn
2020
LAND USE AND TRANSPORTATION ELEMENT
CHAPTER 5
LUT 43.4
Provide a mix of uses with a focus on retail and some office uses along Palomar
Street in the Mixed Use Transit Focus Area, with residential uses above and/or
behind the retail and offices uses.
LUT 43.5
Provide a mix of local-serving retail and office uses near the Palomar Trolley
Station and at the Gateways into the Palomar Gateway District
Intensity/Height
LUT 43.6 In the Palomar Gateway District, residential densities within the Mixed Use
Transit Focus Area designation are intended to have a district-wide gross
density of 40 dwelling units per acre.
LUT 43.7 In the Palomar Gateway District, the commercial (retail and office) portion of
the Mixed Use Transit Focus Area designation 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 val)' from
the district-wide aggregate (refer to Section 4.8.1, Interpreting the Land Use
Diagram, for a discussion of district-wide versus parcel-specific FAR).
LUT 43.8 Building heights in the Palomar Gateway District Mixed Use Transit Focus
Area shall be low-rise, with some mid-rise buildings.
LUT 43.9 Building heights in the Residential High designated area shall be low-rise
buildings.
LUT 43.10 In the Palomar Gateway District, permit a maximum floor area ratio of 03
and low-rise buildings in the Retail Commercial designated area on Industrial
Boulevard adjacent to the area designated as Residential High.
Design
LUT 43.11 Tne specific plan or other regulatory document for the Palomar Gateway
District shall establish design and landscape guidelines for the improvement
of Palomar Street as a gateway to the City.
LUT 43.12 Provide for safe, effective, and aesthetic pedestrian crossings and
improvements to Palomar Street and Industrial Boulevard.
Page LUT-lSO Ctv of Clule VS:J G,'nera, P!an
LAND USE AND TRANSPORTATION ELEMENT
CHAPTER 5
Amenities
LUT 43.13 Community amenities to be considered for the Palomar Gateway District as
part of any incentive program should include, but not be limited to those listed
in Policy LlJT 27.1.
LUT 43.14 Provide for the development of one Neighborhood Park within or near the
Palomar Gateway District
LUT 43.15 Establish a community/cultural center near Paiomar Street and Third Avenue.
~-~._"-~-------------_._._----,._-----------~-~----- "-~"--'---'-----"--"-'-"-"""'~-'--'-'-'--'----'---
_ .._......._.u.......____
8.4.4
West Fairfield District
---_._-_._._-_._-~----
"'0-"--_-0--------"'_-_.-
_._______________._____________________._m_..__________'___.___________,__
'_'..._........_m..._.._,..._._.____._.._."-....____._.._______
Description of District
The West Fairfield District (see Figure 5-23), originally part of the Fairfield neighborhood that was
severed by the construction of Interstate 5, is located on the west side of Interstate 5, between
Palomar Street and Main Street and is flanked by San Diego Bay on the west
Existing Conditions
The West Fairfield District has a mix of light industrial and office uses interspersed with older,
singie-family homes and vacant lots. West Fairfield is somewhat isolated from the rest of Chula
Vista, due to Interstate 5 forming Its eastern edge. Pedestrian routes across the freeway are
limited and heavily traveled by cars and trucks. Freeway on- and off-ramps at Palomar Street
provide convenient freeway access into the District for vehicles.
Vision for District
The West Fairfield District has been redeveloped through a
well-planned and coordinated master plan. There are few land
use conflicts, and land uses have been expanded by
reclaiming an old San Diego settlement pond to the southwest
The West Fairfield District has good freeway access at Palomar
and Main Streets, and it is an employment center, with regional
retail and other employment uses. An educational facility is
also located in the West Fairfield District
Page LUT-151
~\lr?-
- --:
=a
CHL1A VISTA
A-rt:4Cil-A{ f:.A.JT f
Public Comments and Staff Responses on the Marsella Villas MND IS-06-005
Comment Item #la: Proiect Design Impact
Content of comments. states that in the absence of a specific plan for the Palomar
Gateway area a seyere and unmitigatable effect to the community character is being
caused by proposed project.
Response to Item#la:
The Chula Vista General Plan Update Final Environmental Impact (Dec. 2005) states that
the City shall prepare, or cause to have prepared, specific plan, master plan, or other
regulatory document to guide the coordinated establishment of a Mixed Use Transit
Focus Area within the Palomar Gateway District. This reference is made to the Preferred
Plan, which according to Policy LUT 43.6 of the General Plan would permit 40 dwelling
units per acre within the Transit Focus Area. The proposed project density of 24 units
per acre is significantly below the target density of 40 dwelling units per acre. Under the
existing R-2 zone development could take place at around nine dwelling units per acre.
Because of the size and scale, the project does not cause the potential significant adverse
effect that the full implementation of the Preferred Plan would.
Secondly, the project is residential in nature and it is compatible with multifamily
residential deyelopment to the east as well as the mobile home park to the north and
additional development along Ada Street. The proposed deyelopment represents an
improvement to the existing neighborhood.
Thirdly, objectiye LUT 43. I of the General Plan allows for a specific plan, master plan or
other regulatory document to guide development. The proposed project is subject to
Design Review Committee approval and site plan review and recommendations by
planning staff. Additionally the project is subject to the approval of a parcel map that
will serve as the regulatory document for implementation of all the city approyed design
standards, streetscape, sidewalks, landscape and pedestrian features that will be required
in order for the project to be in compliance with the general plan policies and objectives.
Comment Item # 1 b Soils contaminated bv pesticides
Response to Item # 1 b
The proposed development site was subject to the preparation of a Phase I Environmental
Site Assessment, and soil sampling reports that accurately characterized the subject site
soils with respect to pesticide contamination. The technical reports and soil remediation
proposal were subject to reyiew and approyal by the .San Diego County Department of
Environmental Health, Site Assessment and Mitigation Division. Prior to
commencement of any construction, the upper one foot of the project soils will be
removed along with any spots that contain levels of pesticide that are deemed harmful to
human health. The proposed development offers the opportunity to clean up the
ATTACHMENT 8
enyironment by remoymg contaminated soils from within an existing residential
community.
Comment Item #lc: the absence of a specific plan has a potential negative cumulative
effect upon infrastructure that is old and in manv cases in poor repair. Water lines
Response to Item #lc:
Comment Item #ld: the absence of a specific plan has a potential negative cumulative
effect upon infrastructure that is old and in many cases in poor repair. Sewer lines
Response to Item #ld:
Comment Item #Ie: the absence of a specific plan has a potential negative cumulative
effect upon infrastructure that is old and in many cases in poor repair. Drainage facilities
Response to Item # 1 e:
Comment Item #1f: Proyide a mix of land uses that meets community needs and
generates sufficient revenue to sustain exemplary community services, facilities and
amenities
Response to Item #1f: The area where the project is proposed is residential in nature. To
introduce commercial retail uses would probably prOye to be disruptiye. Other ateas with
the Palomar Gateway are more suited for the mixed land use concept proposed by the
General Plan. Amenities are being provided as part of the project design approyal
including common open space, tot lots, pedestrian connections to adjacent properties to
permit access to transit focus areas, landscaping, pedestrian oriented lighting, walls and
fences and exemplary architectural design.
Comment Item #2: Proiect needs to implement mitigation measures of CVGPUFEIR
Response to Item #2:The project required the preparation of over 15 technical documents
in support of the Mitigated Negative Declaration. These technical documents assessed,
tested and analyzed project specific issues related to traffic, noise, soil hazards, air
quality, archaeological, historical, paleontlogical, geotechnical, water, sewer, drainage
and water quality. Recommendations /Tom these reports were incorporated where
applicable mitigation measures and as conditions of project approval. The Design
Reyiew Committee reviewed and made recommendations with respect to the architectural
design to ensure a quality product. Proposed conditions of approval and site-specific
mitigation measures have reduced any potential project adverse impacts to a leyel of
insignificance.
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Comment Item#3: Someone is not doing the required mitigation measure monitoring.
Response to Item #3: Project specific mitigations have been recommended for adoption
as part of the Mitigated Negatiye Declaration. Once the project is approved and the
MND is adopted along with the Mitigation Measure Monitoring Program, City staff will
be responsible for overseeing the complete and full implementation of the adopted
Mitigation Measure Monitoring Program for this project.
Comment Item #4: What about mitigation requirement for project amenities?
Response to Item #4: Project amenities are being proyided as part of the project design
approval including common open space, tot lots, pedestrian connections to adjacent
properties to permit access to transit focus areas, landscaping, pedestrian oriented
lighting, wans and fences and exemplary architectural design.
Comment Item #5: Potable water ayailabilitv:
Response to Item #5:
See attached memo from the Engineering Department
Comment Item #6: Traffic Impacts
See attached memo !Tom the Engineering Department
Response to Item #6:
Comment Item #7: Air Oualitv Health Risks (one in 704.225 a significant cancer risk)
Response to Item #7: Ninyo and Moore, environmental consultants, prepared A Human
Health Screening Eyaluation (HHSE) in order to investigate project site soils containing
elevated leyels of pesticides. The objective of the evaluation was to determine if further
site characterization and risk assessment, or site remediation was appropriate. The HHSE
was based on assumptions intended to overestimate risks to provide conservative estimate
of potential health effects. The conservative assumptions included the low likelihood of
inhalation of airborne dust bearing contaminants, dermal contact, or incidental ingestion,
since the majority of the site will be covered with hardscape, buildings, and vegetation.
The HHSE based its one in 704,225 potential cancer risk assuming the pesticides were
left in place, particularly in Area A.
However, with an this evaluation, it was determined based on consultation with the San
Diego County Department of Environmental Health that the applicant would be required
to remoye a minimum of one foot of the top soils and further characterize any areas that
are observed to possibly contain contaminated soils in order to remoye them to a depth of
four feet. Essentially the site would be cleaned of soil contaminants thus ayoiding
3
ATTACHMENT 8
potential impacts to human health from pesticides in soils. After completion of all soil
remedial actions soil sampling data would be submitted to the San Diego County
Department of Environmental Health for their review-and issuance of a "No Further
Action Letter", signifying that remediation goals for residential soils haye been met. This
remedial action has been incorporated as part of the project mitigation measures.
Comment Item #8: Air Oualitv Health Risks associated with long term exposure to diesel
exhaust
Response to Item #8: A health risk assessment was prepared to evaluate the potential
effects of placement of six-seven residential units of the proposed 40 units within 500
feet of Interstate 5 in accordance with Policy EE 6.10 of the General Plan. This analysis
was prepared by Scientific Resources Associated (July 2006) in accordance with City
methodology. There is presently no state or federally recognized threshold for assessing
these potential impacts. The State Office of Enyironmental Health Hazard Assessment
and San Diego Air Pollution Control District have provided basic guideline (SDAPCD
2005) for preparing HRA's for stationery sources but not for mobile sources (i.e.
highway traffic). The guidelines for stationery sources have deyeloped very conservative
exposure assumptions. These models assume that an individual resident living within the
500 foot corridor of a pollution source would remain in the same location for 70 years, 24
hours per day, seven days per week, without leaving the residence site. Given this
conservative risk analysis the HRA that for a 70-year lifetime exposure the cancer risk
would be 58.7 in a million. The study also estimated a 9-year cancer risk for a child as
14.5 in a million.
Based on the HRA report, there could be potential health risks associated with locating
sensitive receptors within 500 feet for major highways. Howeyer, at the present time the
regulatory agencies have neither adopted specific guidelines for the preparation of mobile
air toxic health risk assessments no have they established appropriate threshold for
determining significance of potential impacts to health. The proposed proj ect is in
compliance with all currently adopted state and federal standards and therefore the
potential impact is not considered significant under CEQA.
Comment Item #9: Paleontological impacts
Response to Item #9: The San Diego Natural History Museum, Department of
Paleontological Services conducted a paleontological record search and paleontological
resource sensitivity assessment for this project site. As a result of this record search and
assessment the museum found no recorded fossil localities within a one-mile radius ofthe
project site. However, because the project site forms part of the Bay Point Formation and
the "unnamed nearshore marine and sandstone", the museum is recommending a
complete paleontological resource mitigation program (excayation monitoring, fossil
salvage, fossil preparation, fossil curation, and final report preparation). This mitigation
program will be implemented as part of the project approval.
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ATTACHMENT 8
Comment Item #10: Police and Fire impacts:
Response to Item #10:
The City of Chula Vista Fire and Police Department indicate that they can adequately
provide services to the project area.
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ATTACHMENT 8
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CIlY OF
CHUIA VISfA
MEMORANDUM
March 13,2007
TO: Richard Zumwalt, Planning Division
VIA: Boushra Salem, Senior Ciyil Engineer
FROM: Ben Herrera, Associate Engineer
SUBJECT: Response to Theresa's Acerro's Letter Pertaining to Marsella Villa Engineering
Related Items
Please see comments relating to Engineering Items:
1. Ms. Acerro states that the existing water system may exceed its capacity.
Response: The Sweetwater Authority maintains the water system in this part ofChula Vista.
2. Ms. Acerro states that the existing sewer system in the vicinity south of Palomar Street and
west of Industrial Blvd might be able to handle one more development, before the sewer
system exceeds its capacity.
Response: The City's Engineering Wastewater Section analyzed the sewer capacity in this
area last year. The analysis included three future multi-family developments, BayVista Walk
(163-units, in addition to 8,000 SF of commercial space), Trolley Villas (94-units) and
Marsella Villas (45-units). The analysis concluded that these deyelopments would not
adversely impact the existing sewer system. However, it would trigger the requirement for a
sewer study if the sewer flows in Industrial Blvd exceed 60%. The operating capacity ofthe
sewer main is designed at a maximum of 75%. Currently the existing sewer is flowing at
57%, marginal capacity. The three developments would increase the capacity by 3.7%.
3. Ms. Acerro states that there was a major pipe failure last year near the intersection of
Industrial Blvd and Palomar Street.
Response: Ms. Acerro does not specifY which type of pipe failed, water, sewer or storm
drain. I have contact the Public Works Supervisor, Dave McRoberts, in charge ofthe sewer
and storm drain maintenance. He states that there has not been a failure of either the sewer
or storm drain systems in this area. He states that routine maintenance 0 f the storm drain in
this area has occurred in the past year, but no failures.
4. Ms. Acerro states that adding the additional daily trips generated by the future development
will increase the rate of failure of the existing streets.
Response: Many streets in the City require attention. The City has a Payement Management
ENGINEERING DEPARTMENT
Program that analyzes the condition of the City's existing street and prioritizes the streets
that require rehabilitation or reconstruction.
5. Ms. Acerro states that the existing drainage facilities are in rudimentary shape.
Response: Since the City annexed this area in 1986, ria major drainage improvements have
been constructed. All current and future developments are required to comply with the City's
drainage design and storm water permit. All storm water runoff are required to be treated on-
site. The pre-deyelopment storm water flows cannot exceed the post-development flows.
Therefore, proposed deyelopments are required to detain flows on-site as to not impact the
existing drainage system.
If you haye any question, give me a call at ext 5602.
J:\Engineer\PERMITS\EP - TPM and Parcel Maps\TPM Pre-Applications, EPOOl\EPOOl.Marsel1a Vil1as.MEM.DOC
ENGINEERING DEPARTMENT