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HomeMy WebLinkAboutPlanning Comm Reports 2006/10/25 AGENDA MEETING OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA 6:00 p.m. Wednesday, October 25, 2006 Council Chambers 276 Fourth Avenue Chula Vista, CA CALL TO ORDER: ROLL CALL/MOTIONS TO EXCUSE: Planning Commission: Felber_ Vinson_ Moctezuma_ Bensoussan_ Tripp_ Clayton_ 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 06-70; Consideration of a Conditional Use Permit to construct and operate an unmanned wireless telecommunications facility at 4340 Main Street. Applicant: T- Mobile, (Quasi-Judicial) Project Manager: Kim Vander Bie, Associate Planner 2. PUBLIC HEARING: PCS 06-12; Consideration of a Tentative Subdivision Map to convert an existing 12-unit apartment complex to 12 condominium units for individual ownership at 582 Arizona Street. Applicant: Floit Homes. (Quasi-Judicial) Project Manager: Kim Vander Bie, Associate Planner 3. PUBLIC HEARING: PCM 06-03; Considering certain amendments to the Chula Vista Auto Center Master Plan, Auto Park North Specific Plan, and Auto Park East Specific Plan. The proposed amendments consist of changes to the plans intended to make the three documents consistent with each other, in terms of the policies, regulations, and procedures contained therein. (Quasi.Judicial) Project Manager: Miguel Tapia, Sr. Community Development Specialist October 25, 2006 -"Janning Commission - 2- 4. PUBLIC HEARING: PCZ 06-04; Zone Change for 3.6 acres of a 5.5 -acre site from S90 Zone to Central Commercial Precise Plan (CC-P) Zone and Precise Plan Modifying Standards for a 5.5-acre site located at 912 thru 944 Third Avenue. Applicant: Douglas Wilson Companies. (Quasi-Judicial) Project Manager Frank Alvarez, Community Development Specialist DIRECTOR'S REPORT: COMMISSION COMMENTS: ADJOURNMENT: To a regular Planning Commission meeting on November 8, 2006. COMPLIANCE WITH THE AMIRICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, request such accommodations at least forty-eight hours in advance for meetings, and five days for scheduled services and activities. Please contact Diana Vargas for specific information at (619) 691-5101 or Telecommunications Devices for the Deaf (TOO) at 585-5647. California Relay Service is also available for the hearing impaired. PLANNING COMMISSION AGENDA STATEMENT Item: ~ Meeting Date: 10/25/06 ITEM TITLE: Public Hearing: Consideration of a Tentative Subdivision Map, PCS-06-12, to convert an existing 12-unit apartment complex to 12 condominium units for individual ownership at 582 Arizona Street Applicant: Floit Homes The applicant, Floit Homes, submitted a Tentative Subdivision Map application proposing to convert twelve 3-bedroom apartment units into individual condominiums at 582 Arizona Street (see Locator, Attachment A), Pursuant to the Chula Vista Municipal Code (CVMC), Section 15,6, and the City of Chula Vista Subdivision Manual, a Tentative Subdivision Map is required for the proposed conversion in order to determine if the project complies with necessary regulations, The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 (existing facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines, Thus, no further environmental review is necessary, RECOMMENDATION: Adopt Resolution PCS-06-12 (Attachment B) recommending that the City Council approve the proposed Tentative Map based on the findings and subject to the conditions contained therein, DISCUSSION: Background: This is a request for a Tentative Subdivision Map for a Condominium Conversion of 12 apartment units in an existing complex constructed in 1989, after it was approved by the Design Review Committee, It consists of two buildings, each with six units built above six two-stall garages, Building A, as shown on page 4 of the Tentative Map, also has a small recreation room, Additionally, there are two guest parking spaces on the site, Tentative and Final map approvals, with final action by City Council, will create a one-lot, 12-unit condominium map, As per Chula Vista's condominium conversion requirements, a Design Review application was submitted for this proj ect, and the Zoning Administrator approved the Design Review application on August 4, 2006. The Design Review permit proposed no significant exterior structural changes, but rather minor design upgrades, including repairing and repainting exterior surfaces, re-striping the parking area, enhancing the landscaping and fencing, and providing a new barbeque area and trash enclosure, Regarding interior improvements, each unit will be renovated with new carpeting, tile, doors, windows, hardware, etc, In the attached garages, storage spaces will be added for each unit (see Project Description of Renovations, Attachment E), Page No.2, Item:_ Meeting Date: 10/25/06 The applicant has completed the tenant noticing required, up to this point, by the State and CVMC, prior to Tentative Map consideration. Planning staffhas recently been infonned by the applicant that, currently, there is no intention of converting this building any time in the immediate future, When the applicant decides to convert the units to condos, a community meeting will be held, inviting all tenants to come and learn how they can purchase the unit that they live in, If the tenants decide to relocate, the applicant will refund each tenant one month's rent, plus their entire security deposit. Project Site Characteristics. The project site is a 60,02' x 307,68' rectangular-shaped lot that is relatively flat, with a slight downward slope in the rear of the property, It is located on a cul-de-sac in the southern portion of Chula Vista, east of Broadway between L Street and Moss Street in the R-3 Zone, and is accessed from Arizona Street. The driveway has sloped concrete pavement toward the center swale and catch basin for proper drainage, There are two, 3-story buildings on the site, each containing six units above six 2-stall garages, Building A also has a small recreation room, and there are a total of two guest parking spaces on the site, The project site is surrounded by other apartment complexes in all directions, Project Description: The proposal is to convert 12 existing apartment units into 12 condominium units for individual ownership, The units are already served by separate gas and electric meters, while water and sewer will be the responsibility of the Homeowners Association, Thus, only minor improvements are required, Compliance with Development Regulations: Site: North: South: East: West: General Plan Residential High Residential High Residential High Residential High Residential High Zoning R-3 R-3 R-3 R-3 R-3 Current Land Use Multi-Family Residential Multi-Family Residential Multi-Family Residential Multi-Family Residential Multi-Family Residential Project Data: DEVELOPMENT REGULATIONS Rel1uired Pronosed/ExistiUl!: Building Setbacks: Building Setbacks: Front: IS feet Front: IS feet Side: 5 feet & 5 feet Side: 9 feet & 24 feet Exterior Side: N/A Exterior Side. N/A Page No.3, Item:_ Meeting Date: 10/25/06 Rear: 15 feet Buildin Hei ht: 28 feet/45 feet Parking: 24 -- 2 parking stalls per unit This project is consistent with the City's Multi-Family Residential (R-3) Zone, General Plan designation of Residential High, Design Manual, Landscape Manual, and all other applicable codes and regulations of the CYMe. Analysis: The proposed conversion from apartments to condominium units will not change the existing residential use, What will change is that the units will be for individual ownership, and the property will be significantly improved, The applicant submitted a "Property Condition Assessment Report" (Attachment F), otherwise know as a "Physical Elements Report", which lists recommendations that will upgrade the property and individual units, Staff has incorporated the recommendations as conditions of approvaL In addition to painting the interiors of all units, the applicant is proposing to repair or replace the heating units; water-damaged building elements and materials; bathroom fixtures; kitchen appliances; countertops; cabinets; sinks; flooring; and other suggested improvements per the "Property Condition Assessment Report", The project's CC&Rs will address site maintenance and monthly payment of provided utilities, Table 1, below, lists the existing services/utilities within the project TABLE 1. Existing Utilities SERVICEIUTILITY STATUS Air conditioning Not provided Heating Individual electric wall heaters Water heaters Individual gas- fired hot water heater in utility closet Gas Individual gas meters Electric meter Individual electrical meters Water HOA Sewer HOA Cable* Individual unit Telephone* Individual unit 'Not covered by the HOA Staff recommends that all ofthe following improvements be included in applicant's building permit Page No.4, Item:_ Meeting Date: 10/25/06 scope of work: . All items listed in Section 1.3, Recommended Immediate Repairs ofthe Property Condition Assessment Report (Attachment F) . All items listed in Section lA, Recommended Short-Term and Intermediate-Term Repairs ofthe Property Condition Assessment Report . Section N, Other Comments of the Property Condition Assessment Report, pertaining to the stair system and landscaping of the property . New windows complying with 2005 California Energy requirements Chula Vista Municipal Code Requirements: Pursuant to Chapter 15.56, Conversion of Dwelling Units to Independent Ownership, apartments converted to condominiums for sale must address parking, adequate storage for each unit, and common useable open space areas, They must also satisfy the Uniform Building Code standards before occupancy, . Parking - Off-street parking required in the R-3 Zone is a minimum of two parking spaces per three-bedroom unit. The project provides 2-stall garages underneath and contiguous to each unit. Staff is recommending that an area designated for two guest parking spaces be landscaped instead, . Storage - Each three-bedroom unit is required to have 250 cubic feet of storage, In each garage, the applicant wilJ provide two hanging storage cabinets measuring 102 cubic feet each for a total of204 cubic feet within each garage, An additional 80 cubic feet of storage space is currently being provided on the second floor deck. The combined total area of storage space is 284 cubic feet for each unit, which exceeds the minimum requirement . Common Useable Open Space Areas - Section 19,28,090 of the CVMC requires three- bedroom, multi-family developments to provide 480-square-feet of common usable open space per unit; therefore, the project must provide a minimum of 5,760 square feet of open space, Each unit has a 60-square-foot patio or balcony, for a total of 760-square-feet The existing recreation room is 187 -square- feet, The remaining open space is in landscaping, Other Requirements: . Design Guidelines - The applicant submitted a Design Review application that was approved by the Zoning Administrator on August 4, 2006, The Design Review permit proposed no significant exterior structural changes, but rather minor design upgrades, including repairing and repainting exterior surfaces, re-striping the parking area, enhancing the landscaping and fencing, and providing a new barbeque area and trash enclosure. Regarding interior improvements, each unit wilJ be renovated with new carpeting, tile, doors, windows, hardware, etc, In the attached garages, storage spaces will be added for each unit (see Project Description of Renovations, Attachment E), Page No.5, Item:_ Meeting Date: 10/25/06 . Uniform Building Code Standards - The Building Division reviewed the "Property Condition Assessment Report" (Attachment D) prepared by JCEPlHuang Consulting Engineers, Inc, and found that the Project will satisfY the Building Code requirements if the recommended improvements (discussed in "Analysis", above) are constructed or put in place, . Uniform Housing Code - The Project is required to conform to Uniform Housing Code requirements in existence at the time of Final Map approval. A housing inspection has been completed for the Project, and is required, by condition of approval, to correct any deficiencies prior to Final Map approval. . Property Condition Assessment Report Submittal - The applicant submitted the report (Attachment F) for review by the City's Building Official. The report concludes that the existing apartment complex is in overall good to fair condition, with a few defects, The assessment identifies necessary immediate repairs and short-term intermediate repairs, After reviewing the recommendations, staff recommends that the report recommendations be incorporated into the remodel program, Staff has included the report recommendations as conditions of approval in Attachment C of the draft City Council Resolution, . CC&Rs - The Project is conditioned to provide evidence that declarations of Covenants, Conditions and Restrictions (CC&Rs) have been prepared, prior to approval ofthe Final Map, . Separate Service Meters - Each unit has individual gas and electric meters, A Homeowners Association will be responsible for the water and sewer service utility meters, and this will be explained in the CC&Rs, Noticing Documentation: Pursuant to Section 66452 ofthe Subdivision Map Act, condominium conversion projects must satisfY certain noticing requirements for specified time periods, Table 2, below identifies. I) The noticing requirements; 2) When existing and prospective tenants should receive the notices; and 3) When the requirement was met As the table indicates, tenants were notified of the condominium conversion proposal in December 2003, Tenants who have moved into the complex since then were given a notice prior to signing their lease agreement At the appropriate time, each tenant will be given notice of having the first option to purchase a unit Sample notices provided by the Applicant are attached (see Attachment G, Noticing Documentation), TABLE 2: Noticing Documentation NOTICE REQUIREMENT HOW LONG & WHEN COMPLIANCE 60-day notice to all existing tenants of 60 days prior to filing a Design 60-day notices were sent intent to convert - "Fonn A"* Review and Tentative Map certified mail to existing application with the City tenants on December 2003, Page No.6, Item:_ Meeting Date: 10/25/06 Notice to all prospective tenants of Prior to acceptance of any rent or Applicant has submitted a intent to convert - "Fonn B"* deposit from the prospective current tenant list with copies tenant of signed fonns for all new tenants that moved in after December 2003, ] O.day notice to all existing tenants of 10 days before or after submittal To be detenninedl Typically an application of a Public Report - of the Public Report to the following Final Map approval "Form C" Department of Real Estate ] D-day Notice to all existing tenants of Within 10 days of approval of the To be detenninedl Typically Final Map approval- "Fonn D" Final Map bv the City following Final Map approval Notice to all prospective tenants of Prior to acceptance of any rent or To be detennined prior to option to purchase/tennination of deposit from the prospective approval of Final Map tenancy - "Fonn E" tenant 90-day Notice to all existing tenants of For a period of 90 days after To be detennined pnor to option to purchase/tennination of issuance of the Public Report approval of Final Map tenancy - "Form F" from the Department of Real Estate ] 80-day notice to all existing tenants of ] 80 days prior to tennination of ] 80-day notices were sent intent to convertltennination of tenancy tenancy certified mail to existing - "FonTI 0" tenants in December 2003, * Attachment G - Noticing Documentation Prior to approval of the Final Map, the City Council needs to find that the applicant has submitted Fonns "A" and "B", The remaining notices will be required after approval of the Final Map, Staff has reviewed the property holdings of the Planning Commission and has found no such holdings within 500 feet of the property, which is the subject of this action, CONCLUSION: Based on the preceding infonnation, the proj ect appears to meet the requirements for a condominium conversion; therefore, staff recommends that the Planning Commission adopt PCS-06-12 recommending that the City Council approve Tentative Map PCS-06-12, subject to the conditions Jisted in the attached City Council Resolution, Attachments: A. Locator Map B. Planning Commission Resolution C Draft City Council Resolution D. Zoning Administrator Design Review Notice of Decision E. Project Description of Renovations F. Property Condition Assessment Report G. Noticing Documentation H. Disclosure Statement L Project Plans J:\Planning\KJM\Staff Reports\Planning Commission\PCS-06-12, 582 Arizona Condo Conversion.doc \ ------ C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT Floil Homes PROJECT DESCRIPTION: C) APPLICANT: SUBDIVISION PROJECT 582 Arizona SI Proposing: Condo Conversi"n 0fTwelve Three bedroom units, ADDRESS: SCALE: FILE NUMBER: ATTACHMENl NORTH No Scale PCS-06-12 Related cases: DRC-Q6,55 , ' , A J: \pJann ing\carlos \locators\pcs0612. cdr 03.08.06 RESOLUTION NO, PCS-06-12 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE A TENTATIVE MAP TO DIVIDE INTEREST IN ,45 ACRES AT 582 ARIZONA STREET FOR A ONE-LOT CONDOMINIUM CONTAINING 12 RESIDENTIAL UNITS (FLOIT HOMES), WHEREAS, on February 24, 2006, a duly verified application was filed with the City of Chula Vista Planning and Building Department by the Floit Homes ("Applicant"), requesting approval of a Tentative Subdivision Map to convert 12 apartment units into individually owned condominiums ("Project"); and, WHEREAS, the area of land which is the subject matter of this Resolution is diagrammatically represented on Attachment A and for the general description herein consists of a ,45 acre lot located at 582 Arizona Street ("Project Site"); and WHEREAS, The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has detennined that the project qualifies for a Class 1 (existing facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines, Thus, no further environmental review is necessary; and WHEREAS, the Planning Commission having received certain evidence on October 25, 2006, as set forth in the record of its proceedings herein by reference as is set forth in full, made certain findings, as set forth in their recommending Resolution PCS-06-l2 herein, and recommended that the City Council approve the Project based on certain terms and conditions; 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" October 25, 2006, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed, NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt the attached Draft City Council Resolution approving the Project in accordance with the findings and subject to the conditions contained therein, BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City CounciL ATTACHMENTB PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 25th day of October, 2006, by the following vote, to-wit: AYES. NOES. ABSENT. Bryan Felber, Chair ATTEST. Diana Vargas, Secretary DRAFT RESOLUTION NO, 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE MAP TO DIVIDE INTEREST IN ,45 ACRES AT 582 ARIZONA STREET FOR A ONE-LOT CONDOMINIUM CONTAINING 12 RESIDENTIAL UNITS - FLOIT HOMES I. RECITALS A. Project; Application for Discretionary Approval WHEREAS, a duly verified application for a Tentative Subdivision Map was filed on February 24, 2006, with the City of Chula Vista Planning and Building Department by Floit Homes ("Applicant") requesting approval of a Tentative Subdivision Map to convert 12 apartment units into individually owned condominiums ("Project"); and B. Project Site WHEREAS, the area of land which is the subject matter of this Resolution is diagrammatically represented in Attachment A, copies of which are on file in the Office of the City Clerk, incorporated herein by reference, and commonly known as Chula Vista Tract No, 06-12, Tentative Subdivision Map, and for the purpose of general description herein consists of ,45 acres located at 582 Arizona Street ("Project Site"); and C. Prior Discretionary Approval and Recommendations WHEREAS, the development of the Project Site has received the following discretionary approvals and recommendations: I) Zoning Administrative Design Review approval on August 4, 2006, 2) Planning Commission recommendation of approval of PCS-06-l2, Tentative Subdivision Map for a l2-unit condominium conversion on October 25, 2006; and D. Planning Commission Record of Applications WHEREAS, the Planning Commission held an advertised public hearing on the Project on October 25,2006, and after hearing staffs presentation and public testimony voted to recommend that the City Council approve the Project, in accordance with the findings and subject to the conditions listed below; and E. Council Record of Applications WHEREAS, the City Clerk set the time and place for the public hearing on the Project's Tentative Subdivision Map application; and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, its mailing to property owners within 500 feet of the exterior boundary of the project and its mailing to the current tenants residing at 582 Arizona Street, at least 10 days prior to the hearing; and 1 ,-/ n 4 C /-.1 IIl>t f'"" 7 C_ Resolution No, 2006- Page 2 WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on , in the Council Chambers, 276 Fourth Avenue, at 4.00 p,m, to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same, NOW THEREFORE BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project held on October 25, 2006, and the minutes and Resolution resulting therefrom, are hereby incorporated into the record of this proceeding, III.COMPLIANCE WITH CEQA The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has detennined that the project qualifies for a Class I (existing facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus, no further environmental review is necessary, IV. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council has exercised their independent review and judgment and concurs with the Environmental Review Coordinator's detennination that the Project qualifies for a Class I (existing facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines, V. TENTATIVE SUBDIVISION MAP FINDINGS A Pursuant to Government Code Section 66473,5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map, as conditioned herein for 582 Arizona Street, is in confonnance with the elements of the City's General Plan, based on the following. 1. Land Use It is the City's goal to accommodate diversified housing types, The site is designated Residential-High, and was previously developed with 12 units on the property, which is consistent with the General Plan, Thus, the Project, as conditioned, is in substantial compliance with the adopted General Plan, 2, Circulation All on-site and off-site public streets required to serve the subdivision currently exist, No street improvements are required, 2 Resolution No, 2006- Page 3 3, Housing The Project is consistent with the density prescribed within the General Plan and provides attached condominium units for individual ownership, The conversion of 12 apartment units to 12 condominium units creates additional opportunities for residential ownership, 4, Open Space A, The Project includes a recreation room, landscaped areas, and private patios or balconies, B. The site is physically suited for residential development and the proposal conforms to all standards established by the City for such project C. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extend to the impact created by the proposed development VI. FINDINGS OF COMPLIANCE WITH CONDOMINUM CONVERSION REQUIREMENTS PURSUANT TO CHAPTER 15.56 AND APARTMENT RESIDENTIAL ZONE REQUIREMENTS PURSUANT TO CHAPTER 19.28 OF THE CHULA VISTA MUlCIPAL CODE Pursuant to Chapter 15,56, Conversion of Dwelling Units to Independent Ownership, the City Council finds that the project meets the following: A, Uniform Building Code: The Building Department reviewed the "Property Condition Assessment Report" prepared by JCEP/Huang Consulting Engineers, Inc, and found that the Project will satisfy the Building Code requirements if the recommended improvements are constructed or put in place, These requirements are generally described in the Property Condition Assessment Report, B, Storage: Section 15,56,020 requires each three-bedroom unit to have 250 cubic feet of storage, Two-stall garages underneath each unit will provide the majority of the required storage when improvements are made by the applicant who will provide two hanging storage cabinets measuring 102 cubic feet each for a total of 204 cubic feet within each garage, These must be installed prior to final inspection or occupancy of the condominiums, An additional 80 cubic feet of storage space currently provided on each second floor balcony will remain, Thus, the combined total area of storage space is 284 cubic feet for each unit, which exceeds the minimum requirement C. Housing Code: The Project is required to conform to Uniform Housing Code requirements in existence at the time of the approval of the Subdivision Map, The Project has completed a housing inspection and is required by condition of approval to correct any deficiencies prior to Final Map approval. D, Off-street Parking: In the R-3 Zone, a minimum of2 open parking spaces is required for each three-bedroom unit The project provides one 2-stall garage per unit E, Design Guidelines: The Applicant submitted a Design Review application that was approved by the Zoning Administrator on August 4, 2006, The Design Review permit proposed no significant exterior structural changes, but rather minor design upgrades, 3 Resolution No, 2006- Page 4 including: repamng and repamtmg exterior surfaces; re-striping the parking area; enhancing the landscaping and fencing; and providing a new barbeque area and trash enclosure, Regarding interior improvements, each unit will be renovated with new carpeting; tile; doors; windows; hardware; etc, In the attached garages, storage spaces will be added for each unit F, Separate Service Meters. Each unit has individual gas and electric meters, A Homeowners Association will be responsible for the water and sewer service utility meters, The Applicant shall provide CC&R's prior to final map approval showing how this will be satisfied, G, The Applicant submitted a "Property Condition Assessment Report" (see Attachment F) for review by the City's Building OfficiaL The report concludes that the existing apartment complex is in overall good to fair condition, with a few defects, The assessment identifies immediate repairs and short-term intermediate repairs, The Applicant is required to complete the improvements listed in Section 1,3, lA, and N of Attachment F and install new windows, prior to Building Permit approvaL H. CC&Rs: The Project is conditioned to provide evidence of declarations of covenants, conditions and restrictions in conjunction with approval of the Final Map, VII. COMPLIANCE WITH GOVERNMENT CODE SECTIONS 66451.3 AND 66452.5 Noticing Documentation Government Code Sections 66451.3 and 66452,5 requires notification of a tenant's right to a public hearing, The City of Chula Vista provided notices to tenants and surrounding property owners of all required public hearing for the Project, and the Applicant has satisfied the following noticing requirements at the time of submittal of the Tentative Map, which includes a 60-day "Notice ofIntent to Convert", "Notice to Prospective Tenants ofIntent to Convert", BE IT FURTHER RESOLVED that the City Council does hereby approve Tentative Subdivision Map, Chula Vista Tract No, 06-12, subject to the general and special conditions set forth below, VIII. Government Code Section 66020 NOTICE Pursuant to Government Code Section 66020(d)(l), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, set aside, void or annual imposition, The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with the 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, 4 Resolution No, 2006- Page 5 IX. GENERAL CONDITIONS OF APPROVAL A, Project Site is Improved with Project The Applicant, or his/her successors in interest, shall improve the Project Site with the Project as described in the Tentative Subdivision Map, Chula Vista Tract No, 06-12, 582 Arizona Street B, Design Consistency The Applicant shall develop the condominium units in accordance with all applicable City of Chula Vista Design Guidelines and in accordance with the DRC-06-55 approval by the Zoning Administrator. X. SPECIAL CONDITIONS OF APPROVAL A, The conditions herein imposed on the Tentative Map approval or other entitlement herein contained is approximately proportional both to nature and extent of impact created by the proposed development Unless otherwise specified, all conditions and code requirements listed below shall be fully completed by the applicant or successor-in- interest to the City's satisfaction prior to approval of the Final Map, unless otherwise specified: GENERAL / PLANNING AND BUILDING I, All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Applicant as to any or all of the property, 2, Applicant and his/her successors in interest shall, comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the property which is the subject matter of this Tentative Subdivision Map and as recommended for approval by the Planning Commission on October 25, 2006, and DRC 06-55 approval by the Zoning Administrator, The Applicant shall enter into an agreement (Subdivision Improvement Agreement and Supplemental Subdivision Improvement Agreement) with the City, providing the City with such security (including recordation of covenants running with the land) and implementation procedures as the City may require compliance with the above regulatory documents, Said Agreement shall also ensure that, after approval of the Final Map, the Applicant and his/her successors in interest will continue to comply, remain in compliance, and implement such Plans, 3, Applicant shall schedule a meeting with the current tenants to present alternative rental housing opportunities and assistance in relocation in conjunction with the presentation of the schedule for the phasing of the conversion of the apartments to condominiums prior to Final Map approvaL 4, Prior to recordation of the Final Map, the Applicant shall submit evidence to the Director of Planning and Building that the following City of Chula Vista noticing forms have been delivered to the existing and prospective tenants pursuant to Government Code Section 66427.1, or a schedule detailing required future notifications: 5 Resolution No, 2006- Page 6 a, 10-day notice to all existing tenants of an application of a Public Report - "Form C" (If submitted to State Dept. of Real Estate prior to Final Map approval), b, 10-day Notice to all existing tenants of Final Map approval- "Form D", c, Notice to all prospective tenants of option to purchase/termination of tenancy - "Form E. d, 90-day Notice to all existing tenants of option to purchase/termination of tenancy - "'Form F". e, 180-day notice to all existing tenants of intent to convert/termination of tenancy - "Form 6", 5, Prior to recordation of the Final Map, the location of the proposed trash enclosure shall be moved from the center of the parking lot to the rear of the parking lot, or to another location approved by the Director of Planning and Building, 6, Any and all agreements that the Applicant is required to enter into hereunder shall be in a form approved by the City Attorney, DRAINAGE & NPDES I, All onsite drainage facilities shall be private, 2, The Applicant is required to prepare and submit a Water Quality Technical Report describing structural and non-structural Best Management Practices (BMPs) that will be implemented to prevent discharge of pollutants from the project site to public storm drainage systems, BMPs should intercept runoff from the project site and pre-treat said runoff prior to discharge to the public storm water conveyance system. Identify proposed BMP facilities to be used to treat storm water runoff from the site as part of the project Water Quality Technical Report, Said BMP facilities shall be inspected and approved by the City's Storm Water Inspector prior to final map approvaL 3, The Applicant shall enter into an agreement to fully implement NPDES best management practices ("BMPs") to reduce the amount of pollutants entering the City's storm water conveyance system, including but not limited to. a, Installing and using efficient irrigation systems and landscape design; more specifically. I, Employ rain shutoff devices to prevent irrigation after precipitation, 11, Adjust irrigation systems to each landscape area's specific water requirements 111, Using flow reducers or shutoff valves triggered by a pressure drop to control water loss in the event of broken sprinkler heads or lines, IV, Employing other comparable, equally effective, methods to reduce irrigation water runoff. b, Employing integrated pest management principles, More specifically, eliminate and/or reduce the need for pesticide use by implementing Integrated Pest Management (IPM), including: I) planting pest-resistant or well-adapted plant varieties such as native plants; 2) discouraging pests in the landscaping design; and 3) distributing IPM educational materials to homeowners/residents, Minimally, educational materials must address the 6 Resolution No, 2006- Page 7 following topics: keeping pests out of buildings and landscaping using barriers, screens, and caulking; physical pest elimination techniques, such as, weeding, squashing, trapping, washing, or pruning out pests; relying on natural enemies to eat pests; and, proper use of pesticides as a last line of defense, SEWER I, The onsite sewer system shall be private, All sewer laterals shall be privately maintained from each building and/or condo unit to the City maintained public sewer main within Arizona Street 2, The Developer/Owner shall establish a homeowners aSSOCIatIOn to fund and oversee a contract for the maintenance of the onsite private sewer system, The frequency of maintenance of the sewer system shall be contained in the provisions of the Codes, Covenants & Restrictions (CC&Rs), The City Engineer and Director of Public Works shall approve the provisions ofthe CC&Rs regarding the onsite private sewer system, STREETS I, Streets within the development shall be private, 2, Remove and replace driveway along Arizona Street for compliance with ADA pedestrian access route requirements, Said work shall be done under a Chula Vista construction permit using Chula Vista Construction Standard CVCS-l for driveways, CC&R'S 1, Submit Covenants, Conditions, and Restrictions ("CC&Rs") as approved by the City Attorney to the City Engineer and Director of Planning and Building for approval, prior to approval of the Final Map, Said CC&Rs shall include the following: a, The creation of a Homeowner's Association ("HOA"), which shall, among other things, be responsible for maintaining all common facilities within the Project including, but not limited to: walls, fences, water fountains, lighting structures, fire sprinklers and alarm systems, paths, trails, access roads, drainage structures, water treatment facilities, recreational amenities and structures, landscaping, trees, streets, parking lots, driveways, and private sewage and storm drain systems, b, Language stating that the landscaping shall be maintained by the HOA in a healthy and thriving condition at all times, b. A listing of all maintained private facilities, c, Language that indemnifies and holds harmless the City from any claims, demands, causes of action liability or loss, including claims arising from the maintenance activities of HOA, including but not limited to private sewer spillage, e, The City's right but not the obligation to enforce CC&Rs, 7 Resolution No, 2006- Page 8 f An insurance provision requiring the HOA to maintain a policy of comprehensive general liability insurance written on a per-occurrence basis in an amount not less than one million dollars ($1,000,000) combined single limit The policy shall be acceptable to the City and name the City as additional insured, g, The City must approve any revisions to provisions of the CC&Rs that may particularly affect the City. Furthermore, the HOA shall not seek approval from the City of said revisions without the prior consent of one hundred percent (100%) of the holders of first mortgages and one-hundred percent (100%) of the property owners, unless the Director of Planning and Building waives this requirement h, The HOA shall not seek to be released by the City of any maintenance obligations without the prior written consent of the City and one hundred percent (100%) of the holders of first mortgages and one hundred percent of the property owners, unless the Director of Planning and Building waives this requirement L Implement an education and enforcement program to prevent the discharge of pollutants from all on-site sources into the storm water conveyance system, J. The HOA shall maintain, in perpetuity, membership in an advance notice service/system such as the USA Dig Alert Service and shall cause any private facilities of the property owners or HOA to be marked out whenever work is performed in the area, k, The CC&Rs shall include NPDES provisions for the perpetual and routine maintenance of structural BMPs, private sewer and storm drain facilities for the purpose of preventing and in such a manner as to prevent the discharge of non-stonn water pollutants to the public stonn water conveyance system, The CC&Rs shall include the requirement to maintain records for the past 10 years of the BMP implementation, inspections, and maintenance activities, I. Trash and Recycling program requirements shall be incorporated into the project CC&Rs to the satisfaction of the City's Conservation Coordinator. m, Said CC&Rs shall be consistent with Chapter 18.44 of the Subdivision Ordinance, and shall be recorded concurrently with the final map, n, Fire service lateral and water supply to buildings, including on-site fire hydrants, must be maintained and operational at all times to the satisfaction ofthe Fire Marshall. Said CC&Rs shall be consistent with Chapter 18.44 of the Subdivision Ordinance, and shall be recorded concurrently with the final map, 2, Submit homeowners association (HOA) budget for review and approval by the City Engineer for the maintenance of private streets, storm drains and sewage systems, Said budget shall include the following maintenance activities: a. Streets must be sealed every 7 years and overlaid every 20 years, b, Sewers must be cleaned once a year with a contingency for emergencies, c, Red curbs / striping must be painted once every three years, 8 Resolution No, 2006- Page 9 EASEMENTS I, All existing easements and irrevocable offers of dedication shall be shown on the Final Map, A title report dated within 60 days of submittal of the Final Map shall be submitted together with backing documents for all existing public utility easements and offers of dedication, Developer shall submit evidence of noticing to all existing public utility easement holders within the project boundaries as required by the Section 66436 of the Subdivision Map Act AGREEMENTS I, Applicant shall enter into an agreement wherein the Applicant agrees to the following; a, Defend, indemnify and hold harmless the City and its agents, officers, and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees wit regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense, b, Hold the City harmless from any liability for erosion, siltation or increased flow of drainage resulting from this project and spillage of sewage generated by the project onto adjacent public or private streets or into offsite storm water conveyance systems, c, Maintain storm water quality treatment measures in accordance with an approved maintenance and inspection plan, d, Implement and sustain in perpetuity, a source control storm water quality management program as outlined in the Water Quality Technical Report, e, Ensure that all franchised cable television companies ("Cable Companies") are permitted equal opportunity to place conduit and provide cable television service to each condominium unit within the subdivision, Restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista, MISCELLANEOUS L Tie the boundary of the subdivision to the California System-Zone VI (NAD '83), 2, Submit copies of the Final Map in a digital format such as (DXF) graphic file prior to approval of the Final Map. Provide computer aided Design (CAD) copy of the Final Map based on accurate coordinate geometry calculations and submit the information in accordance with the City Guidelines for Digital Submittal in duplicate on 3 y, HD floppy disk prior to the approval of the Final Map, 3, Submit a conformed copy of a recorded tax certificate covering the property prior to approval of the Final Map, 9 Resolution No, 2006- Page 10 4, Provide evidence to the satisfaction of the City Engineer of compliance with all tenant noticing requirements per Section 66427, I of the Subdivision Map Act prior to approval of the Final Map, B. The following Conditions of Approval shall be satisfied prior to Building Permit approval, unless otherwise noted. I, Obtain approval of a building permit for the storage, trash enclosure, exterior and interior remodel of each condominium unit, and items listed in the "Property Condition Assessment Report", 2, Complete all the following improvements: a, All items listed in Section 1.3, Recommended Immediate Repairs of the Property Condition Assessmt Report (Attachemnt F) b, All items listed in Section lA, Recommended Short-Term and Intermediate-Term Repairs of the Property Condition Assessment Report c, Section N, Other Comments of the Property Copndition Assessment Report, pertaining to the stair system and landscaping ofthe property d, New windows complying with the 2005 California Energy requirements 3, The Project's exterior and interior upgrades for the site shall be constructed in accordance with the approved DRC-06-55 design review permit 4, The building permit shall provide landscaping or cabinets to shield the view ofthe meters in the front and side of the building from public view 5, Provide specific detail of the design, shape, and color of the enhanced paving along the driveway and BBQ area on the landscape plan, 6, Applicant shall install two hanging storage cabinets in the existing garages each containing 102 cu, ft, for a total 204 cu, ft, within the garage area to the satisfaction of the Director of Planning and Building, An additional 80 cu, ft of storage space is currently being provided on the second floor deck. The combined total area of storage space is 284 cu, ft, for each unit, which exceeds the minimum requirement The applicant shall obtain a building permit for the installation of the required storage and shall be installed prior to final inspection or occupancy of the condominiums, 7, Comply with requirements of the approved "Recycling and Solid Waste Management Plan" to the satisfaction of the City's Conservation Coordinator. The plan shall demonstrate those steps the applicant will take to comply with Municipal Code, including but not limited to Sections 8.24 and 8,25, and meet the State mandate to reduce or divert at least 50 percent of the waste generated by all residential, commercial and industrial developments, The applicant shall contract with the City's franchise hauler throughout the construction and occupancy phase of the project The plan shall incorporate any trash enclosure re-design required for compliance with the City's NPDES permit 10 Resolution No, 2006- Page II 8, Show that walls and ceilings meeting the current Uniform Building Code standards regarding fire and sound attenuation have been installed between airspaces of the condominium units, to the satisfaction of the City Building Official and Director of Planning and Building, If said walls and ceiling do not meet said standards, then the walls and ceiling shall be modified to conform to the Uniform Building Code, X. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation, The Applicant shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time frame, XI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provision, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio, Presented by; Approved as to form by: Ann Moore City Attorney James 0, Sandoval Planning and Building Director J:\Planning\KIM\Resolutions\City Council\PCS-06-12, 582 Arizona Condo Conversion.doc II ~M~ ~ ~.=E~ Zoning Administrator CITY OF CHULA VISTA NOTICE OF DECISION On DRC-06-55, 582 Arizona Street 12-Unit Condominium Conversion Notice is hereby given that the Zoning Administrator has considered Design Review Application DRC-06-55, to allow the conversion of an existing 12-unit apartment complex to a 12-unit condominium complex located at 582 Arizona Street in the Apartment Residential (R3) Zone, The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class I categorical exemption pursuant to Section 15301 (existing facilities) of the State CEQA Guidelines, Thus, no further environmental review is necessary, The Zoning Administrator, under the provisions of Section 19,14,582 (I) of the Chula Vista Municipal Code, has conditionally approved said request based upon the following findings of facts. 1. That the proposed development is consistent with the development regulations of the R-3 Zone. The proposed project also includes a Tentative Subdivision Map to convert an eXlstmg 12-unit apartment complex to a 12-unit condominium complex, The complex consists of 2 3-story rectangular buildings containing a total of 12 3-bedroom units, 12 2-car garages, with two additional open parking spaces and landscaped areas, The complex was constructed in 1989 after it was approved by the Design Review Committee, No significant exterior structural changes are proposed, Therefore, the project is consistent with the development regulations for the R-3 zone including setbacks, height, open space, and parking, 2. The design features of the proposed development are consistent with, and are a cost effective method of satisfying, the City of Chula Vista Design Manual and Landscape Manual. The existing buildings will not have significant exterior changes, but will have minor design upgrades, which includes repairing and repainting exterior surfaces, re-striping the parking area, enhance the landscaping and fence, and provide a new trash enclosure, For interior improvements, each unit will be renovated to provide new carpet, tile, doors, windows, hardware, ete, The project also includes common open space and private balconies and patios. The project, as proposed satisfies the recommendations of the Chula Vista Design Manual and Landscape Manual. ATTACHMENT D Approval ofDRC-06-55 is conditioned upon the following: I. Prior to the issuance of any permits for improvements or modifications, the following conditions shall be satisfied: A. The property owner and the applicant shall execute this document by making a true copy of this Notice of Decision and signing both this original notice and the copy on the lines provided below, said execution indicating that the property owner and applicant have each read, understood and agreed to the conditions contained herein, and will implement same, In addition, the property owners shall execute an owner participation agreement with the redevelopment agency upon approval of the project by the redevelopment agency, Upon execution, the true copy with original signatures shall be returned to the Planning Department Failure to retum the signed true copy of this document prior to submittal for building pennits to the Planning Department shall indicate the property owner/applicant's desire that the project, and the corresponding application for building pennits and/or a business license, be held in abeyance without approvaL Signature of property owner Date Signature of Authorized Representative Date Pla1l1li1lg a1ld Buildi1lg Departme1lt C01lditio1ls: 8, This Design Review approval is subject to the approval and conditions set forth in the Tentative Map application, PCS-06-l2, which shall be approved by the Planning Commission and City CounciL C. Building pennits are required for the proposed improvements to the site, The building pennit shall not be submitted until after the PSC-06-J2 approvaJ has been obtained, D, A graffiti resistant treatment shall be specified for all wall and building surfaces, This shall be noted on any building and wall plans and shall be reviewed and approved by the Planning Director prior to issuance of building permits, Additionally, the project shall conform to Sections 9.20,055 and 9.20,035 of the Chula Vista Municipal Code regarding graffiti controL GeneraiServices Departlllellt COllditiollS: E, Each applicant for a building permit shall develop and submit a "Recycling and Solid Waste Management Plan" to the City's Conservation Coordinator for review and approvaL The plan shall demonstrate those steps that the applicant will take to comply with the Municipal Code, including but not limited to Sections 8,24 and 8,25, and meet the State mandate to reduce or divert 50 % of the waste generated by commercial, residential and industrial developments, The applicant shall contract with the Citv's franchise hauler throughout the construction and occup,mcy phase of the project II, Prior to the final inspection or occupancy of the condominium bnilding, the following reqnirements shaH be satisfied: A. The site sha]] be modified in accordance with the approved plans, which include site plan, .0001' plan, elevation plan, and landscape plans dated June 15,2006 on file in the Planning Division, the conditions contained herein and Title 19, B. Re-surface and re-stripe the parking area sha]] comply with the applicable Zoning requirements, C. The applicant shall paint the buildings with the approved colors per color/material samples on file with the Department of Planning and Building, D, Design of the exterior of any modified improvements, including but not limited to repairing and re-painting exterior surfaces of the buildings, trash enclosures, balconies, and fencing sha]] match the color and materials of the exterior finish ofthe buildings, E, Repair and replace the existing landscape as specified on the plans, and continue to maintain the landscaping, as we]] as the barbeque and picnic facilities in a manner that complies the City Design Manual and Landscape Manual, and the previously approved landscape plan, APPROVED BY ZONING ADMINISTRATOR OF THE CITY OF CHULA VlSTA, CALIFOR,NlA, this 4th day of August 2006,.( ,4 ,/ ~/~f;~/ ' .' / , // .? Y; ~ ft ~ r /\ // Luis Hernandez, ning Administra;~' ) / I () LH/CY ~_,_,.., ,/ 582 Arizona Street Chula Vista CA Project Description: The proposed project consists of 12 town home style rental units, each share similar floor plans consisting of three bedrooms two and a half bathrooms, approximately 950 sq feet each, The project was built in 1989 and consists of2 three story rectangular buildings, Each building includes 6 two car garages on the grade level, and there are 2 additional open concrete surface spaces available There are Washer and Dryer hook ups in each unit. If converted to condominiums the project will be completely renovated as follows: RENO V A nONS TO EXTERIOR COJ\;UvION AREA . Paint Exterior of each element of the building . Re,surface and re-stripe parking . Enhance landscaping per city code . New trash enclosure RENOVATIONS TO IN'rERIOR UNITS . Complete new paint . Complete new kitchen . New Appliances ',including washer and dryers . New interior doo'fs, base, crown molding, and casing . New Vinyl Wind'ows . New Window co:-rerings . New Flooring Throughout (tile, carpet) . Complete new bathroom . New lighting fixtures and ceiling tans . New door hardware interior and exterior . New storage in ~ach garage. This project will be totally repaired, replaced and enhanced wherever necessary to bring the entire cOlnn1unity and all common areas to endure the maximum amount of time for each component before replacement, rhe conversion of the property will provide 12 three bedroom, two and half bath with 2 car parking garages for first time and lower income home purchasers Chula Vista where very few affordable priced homes are available, All elements of the community will be brought up to like new conditions as part of the refurbishment Sincerelv, Floit Homes, Inc ATTACHME}(l E REPORT Property Condition Assessment A Multi-Dwelling Complex 582 Arizona Street Chula Vista, San Diego County, California 91911-1732 Prepared For DAN FLOIT and JIM & GALE M. KRAUSE c/o Archstone lVIanagement Consultants 710 Camino De La Reina Suite 129 San Diego, California 92108-3216 Attention: Mr. Joseph Scarlatti Prepared By JCEP/Huang Consnlting Engineers, Inc. 217 Via Lara Dos Vientos Ranch, California 91320 Project No. 1:2-C-Ol835 December, 2003 ATTACHMENT F TABLE OF CONTENTS SECTION 1,0 EXECUTIVE SUMMARY, 1 1 General Description" . . . . . . . . . . . . ................ ...................... .................. PAGE ,...."....4 ,.....,..4 1.2 General Physical Codition....,.. ........... "...."""..,........4 ,....".."..",5 1.4 Recommended Short Term & Intermediate Term Repairs.. SCOPE OF WORK & LIMITATION" SALlENT INFORMATION" ,........ 2.0 3.0 4,0 A B C D E F G H 1 J K L M N 1 3 Recommended Immediate Repairs", " SYSTEM DESCRIPTION AND OBSERVATION" Electrical. , Plumbing, Utilities.. Walls, Ceilings and Windows, Recreational Facilities", ,....,6 ...,.7 ,..9 ........... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - "",10 10 ",,]0 '" """"""",,11 ,,11 12 "" ",,12 Sound Transmission Classification (STC) and Insulation" Roofs, , Parking Facilities and Driveway" Appliances" , .. ......... Mechanical Equipment", ' Insulation Standards" ......... StructuraL. ' Foundations, ' Other Comments" 3 "..13 .., ..13 ",.., '" ",,14 14 .......... """,,15 ,..15 ..,16 .,16 1.0 EXECUTIVE SUMMARY 1.1 General Description JCEP/Huang completed a property condition assessment (PCA) of a multi- dwelling complex located at 582 Arizona Street in Chula Vista, San Diego County, California 91911-1732 atthe request of Lindsay Erickson of Westone Management Consultants, As a part of the PCA, an on-site walk through observation was made on December 15, 2003 with Jessica Hall of West one Management Consultants, The subject property contains 12 three-bedroom and 2Y:z -bathroom townhome units scattered in 2 three-story, rectangular-shaped wood framed buildings, The grade level of each building accommodates garages, while the upper levels of each building contains living spaces, Construction of the facility was completed in ]989 on an urban lot in the City ofChula Vista, All 12 townhome units have very similar floor plans, Reportedly, the townhomes have a rentable space of an approximated 11,702 square feet Additionally, each building provides 6 two-car garages on the grade level together with 4 reinforced concrete paved open surface parking spaces, and associated hardscape and landscape, Due to the mild climate condition of the location and like many apartments in the area, the subject townhomes is not air conditioned for cooling, Heating is provided by individual electric wall mount heater in each unit, Domestic hot water for the townhomes is provided by individual gas-fired hot water heater contained in the utility closet of each townhome, Each dwelling unit is furnished with a gas range/oven, a dishwasher, counter tops and cabinets, a sink and garbage disposal, and a refrigerator. Washer/Dryer hook-up is available, The electric distribution panels and individual electric meters, and the gas meters are hung on the wall of each building near the ground, Fully automated fire- sprinkler system is provided for the garages, Smoke detectors are available for the townhomes, and the public areas of the buildings are fitted with fire extinguishers, Each building is equipped with a fire alarm hung on the exterior waiL Addition- ally, fire hydrants are located along the city street sidewalks by the property as required by the current ftre code, 1.2 General Physical Condition The subj ect property appears adequately maintained and in overall good to fair conditions with a few defects noted, Components of the buildings are composed of durable materials and sturdy construction, It is JCEP/Huang's opinion that the subject property is comparable to other similar properties of similar age in this 4 area and, subject to a continued program of sustained preventative maintenance, the remaining economic life of the subject buildings should exceed 35 years, 1.3 Recommended Immediate Repairs (within 12 months) Deferred maintenance and physical deficiencies for which actions are recom- mended represent potentially unsafe conditions, material code violations, and items that require corrective works on a higher priority than routine work Based upon observations conducted during the property visit, the following objectionable property conditions that require immediate corrective works were identified: . Gap between the exterior stair wood stringer and the wing wall was noted at about six (6) stair locations (see photo #22). As this condition does not appear to be a structural problem, but the gap will cause water entry and, therefore, eventually induce water damages to the wood stringers and the wing walls, It is recommended that the gaps be sealed by resilient caulking compound of high quality following proper surface preparations, And then cover the sealed gaps with watertight sheet metal flashings securely fastened to the surtaces, ESTIMATED COST: $3,000 00 . Planters near the entrances to the dwelling units appear to have been ignored, and the areas have become unsightly, (See photo #27) It is recommended that these planters be filled with washed rocks, Check the drains, flush and snake if necessary, and also cap the sprinkler heads in the planters, ESTIMATED COST $1,500,00 . Bare areas and eroded slopes were observed in several locations in the property (See photos #21, #23 & #24) It is recommended that deep-root dwarf bushes be planted following regrading and compacting the slopes, Also repair and adjust irrigation systems for the proper spraying of water (away from the buildings and thoroughly cover the plants), ESTIMATED COST $6,000,00" 5 1.4 Recommended Short Term and Intermediate Term Repairs (between 1 to 5 years) We understand that the owner of the townhomes has a planned Renovation Program to up-grade the property, The Program will be carried-out within the next two to three years, and it includes: 1. Repair/replacement oft100ring and painting of interiors of all dwelling units, 2, Repair/replacement of kitchen appliances, counter tops, cabinets and sinks, 3, Repair/replacement of windows and doors, 4, Repair/replacement of bathroom fixtures, 5, Repair/replacement of any water damaged building elements and materials, 6, Repair/replacement of the heating units, The following intermediate term repairs are recommended: · Paint the building exteriors and all exterior elements, including wood trims, stairs, fences and trash enclosure, . Apply elastomeric waterproofing paint on the stair landings/breezeways and balconies with localized necessary repairs, The above works can be incorporated into the planned Renovation Program of the property, 6 2.0 SCOPE OF WORK AND LIMITATIONS Scope of Work for this PCA is based upon the requirements as outlined by Westone Management Consultants, and includes the following: A. Electrical B. Plumbing C Utilities D, Walls, Ceilings and Windows E. Recreation Facilities F, Sound Transmission Classification (STC) and Insulation G, Roofs H, Parking Facilities and Driveway I. Appliances 1. Mechanical Equipment K Insulation Standards L. Structural M. Foundations N, Other Comments This report represents a statement of the physical condition of the building and property based upon visual site observation, professional analysis and judgment, and is current only as of the date of the site observation, The report applies only to those portions of the property and/or items and equipment that were capable of being visually observed, Walls and ceilings were not opened to observe covered, hidden, or concealed conditions, In addition, no sampling was conducted of any property components, Drawings and specifications were not available for JCEPlHuang's review, We have performed our services and prepared this report in accordance with the generally accepted construction consulting practices, and make no warranties, either expressed or implied, as to the character and nature of such services and product, The report is not to be construed as a warranty or guarantee of future building conditions or as an estimate of value, Cost estimates used in the report are preliminary in nature and represent a range of probable costs, Finn price quotations from contractors, vendors, or suppliers would be required tor more detailed costs, and would be based upon a detailed definition of the proposed scope of work 7 [n evaluating the property, "Good" is the best condition with a consistent maintenance of the building and grounds, and all the building equipment in sound operating condition, A "Fair" rating shows some wear or damage requiring repair or replacement work A "Poor" condition is clearly the worst, with a uniform 'run-down' appearance, damaged elements of the building or inoperable systems present 8 3.0 SALIENT INFORMATION I Project 12-C-01835 I Property Name A Multi-Dwelling Complex I 582 Arizona Street Property Address Chula Vista, San Diego County, California 91911-1732 Year Built 1989 Year Renovated , The townhomes will be renovated within 2 to 3 years, , R3, Multiple Dwelling, current usage of the property is Zoning in conformance with the zoning requirement , Occupancy Group B-2 i Construction Type V-I, the grade level garages are fire-sprinklered Number of Buildings Two rectangular-shaped buildings, : Number of dwelling units 12 three-bedroom and 2 Yz -bathroom units, Owner Dan Floit and Jim and Gale M. Krause Occupancy Rate 100% Number of Stories Three-story, grade level garages and two levels of dwelling units above, Basement None Lot Size NA , Total Building Area Approximately 11,702 square feet, rentable Number of Parking Spaces 12 two-car garages, or one garage per unit, and 4 I concrete paved surface parking, Property Visit Date December 15, 2003 Property Visit Conducted by Johnny Huang, PE I I Accompanied By Jessica Hall of West one Management Consultants Tel: 619-299-9194 Fax: 619-299-9197 Weather Sunny, mid 70's , 9 4.0 SYSTEM DESCRIPTION AND OBSERVATION A. Electrical Description: Electrical services for the townhomes are ITom an electric pole mounted, and San Diego Gas and Electricity owned transformer through underground conduits to each building's distribution panels, Tenants are individually metered for electric services, Power to each building is provided at 120/240-volts, Each dwelling unit is provided with a 120-volt, laO-ampere, 3-wire, single-phase system. Circuit breakers are provided for overload protection, Observed conductors and wiring appeared to be copper enclosed in metallic and plastic conduits, Observations/Comments: The serviceable life span of the electric system is usually estimated at around 50 years, Electric system of the property appeared adequately maintained and in good condition, It is recommended, however, that SDG&E be contacted to examine the electrical system to ascertain the safety of the system. B. Plumbing: Description: Domestic water and natural gas services are by way of underground installation to the property, Plumbing system of the subject buildings includes necessary hot and cold water supplies, drainage, waste, vents and natural gas, Water supply, waste, drainage and vent lines consist of copper water piping, cast iron and ABS waste and vent piping, and steel natural gas piping, Sanitary sewers and storm wastes are discharged to the respective public infrastructures, No sewage lift stations were observed during the property visit, Domestic hot water for the townhomes is provided by individual gas-fired hot water heaters contained in the utility closet of each townhome unit, Townhome bathroom fixtures consist of floor supported artificial marble lavatories with wood cabinets, floor mounted water closets and white fiberglass bathtubs with showers, Fully automated fire-sprinkler systems are provided for the garages, Observations/Comments: Plumbing system of the subject property, including the fife-sprinkler systems, was observed in satisfactory condition, and appeared adequately maintained, Observed hot water heaters appeared properly strapped to the adjacent walls for seismic safety, As a part of the planned Renovation Program to up-grade the property, all bathroom fixtures be repaired/replaced on an as-need basis, 10 As a safety measure, JCEP/Huang recommends that the natural gas system be checked by the utility company, c. Utilities Description: JCEP/Huang was infonned by the Management of the Townhomes that the following companies and municipality currently provide utility services to the subject property: , UTILITY I PROVIDER Electricity ! San Diego Gas and Electricity (SDG&E) , Natural Gas SDG&E Sanitary Sewerage City ofChula Vista Potable Water City of Chula Vista Solid Waste Removal Pacific Waster Service Gas and water services are underground, Electrical services are rrom electric pole supported and SDG&E owned transformer with underground conductors routed to the electrical equipment closet attached to the side wall of each townhome, Tenants are individually metered and billed for electricity and gas, Observations/Comments: Observed utility services are in good working orders without obvious distresses noted, As a safety precaution, it is recommended that SDG&E be contacted to examine the electrical and natural gas installations, O. Walls, Ceilings and Windows Description: Exterior walls of the townhome buildings are observed to be constructed of operable windows, sliding patio doors, painted stucco, painted wood trims and painted metal railings, Typically, the stucco is likely to be over metal wire lath and water-repellent building paper on plywood backing supported on wood studs and the building structure, Window and door openings are likely to have been reinforced with additional wood members for stress transferring continuity, Balcony decks and landings/breezeways are of waterproofing treated wood planks supported on wood framing, Townhome unit entry doors are of solid core fITe-rated type with twist- action door knobs and dead bolt hardwares, Interior doors are typically of hollow core units, Windows and balcony doors are of aluminum framed single glass operable units with meshed metal screens, 11 Ceilings of the townhomes are of texture painted drywall construction. Interior walls are of texture painted gypsum boards supported on 2 x 4 or 2 x 6 wood studs. Natural wood fences and painted metal fences are provided along the boundaries of the property. Observations/Comments: No structural distresses were noted on the exterior walls. The walls remain to be straight, in line and plumb. It is recommended that all building exteriors be painted with a high quality elastomeric paint. Exterior paint includes balcony enclosures, property fences, stairs and landings/breezeways, and trash enclosures. Additiona]]y, JCEP/Huang also recommends that the balcony deck and the landings and breezeways be waterproofed with necessary localized repairs. The above works can be incorporated with the planned Renovation Program. As a part of the planned Renovation Program to up-grade the property, interiors of the townhomes will be painted, t1ooring, windows and doors wi]] be repaired/replaced on an as-need basis. E. Recreational Facilities There are no recreation tacilities associated with this property F. Sound Transmission Classification (STC) and Insulation Description: Wood tTamed residential buildings constructed in the 1980' s usually feature staggered stud walls with a 2 inch air space, fiberglass insulation, offset electrical junction boxes and drywalls. The wall assembly has a Sound Transmission Classification (STC) of 59 as per Section 12.414.6 of the Owens Corning Fiberglass Test No. Oct W-28-90 test manuaL The Uniform Building Code (UBC) requirement for airborne sound insulation for wall and floor/ceiling assemblies in Group R occupancies (measured by the STC rating) is 50 (45 if field tested) The requirement for IIC ratings of separating floor/ceiling assemblies is 50 also (45 iftield tested). The actual assemblies of this multi-dwelling complex appear to have provided greater sound and impact attenuation than required by Code. Observations/Comments: No architectural drawings were available for JCEP/Huang's review. But it is the standard practice for wood tTamed residential structures in the 1980' s to have 2 x 6 and 2 x 4 studs at 24" or 16" cavity wa]]s. Such cavities can easily accommodate enough tiberglass 12 insulations to attain code required sound prooting and energy insulation ratings. [t is JCEP/Huang's opinion that the subject buildings are likely to have STC at 50 or more and insulation valve at R-19 or more. G. Roofs Description: The townhome buildings are weatherproofed with conventional pitched roofing system over plywood roof sheathing supported on wood tTame composed of trusses, rafters, joists, posts, and studs. The subject pitched roofing system is composed of asphalt impregnated and mineral surfaced roofing shingles over heavy felts supported on wood roof tTaming. Rainwater splashes down to the ground. Drainage ofrainwater depends on the surtace drainage system of the concrete paved driveway and walkways, and the percolation of the landscaped areas. Catchbasin is provided on the concrete driveway, while area drains are available on the concrete walkways. Rooting cement, metal flashing and countert1ashing, roof jacks, and other waterproofing materials and devices are implemented at joints of the roof and penetration locations. Pitched roofing system is a proven waterproofing product with a long and impressive performance record. A we]] constructed roofing system of the project type with proper maintenance effort can easily last 20 to 25 years, provided that the underlying felts are shielded tTom the ultra-violet rays of the sun. Observations/comments: Management of the townhomes advised that there were no roofleak reports, and no signs of roofleak were noted during our on-site walk through observations. The roofing system appeared adequately maintained and in good condition. No immediate repairs are needed. H. Parking Facilities and Driveway Description: Accesses to and from the property are by way of city street curb cuts along Arizona Street parallel to the northern boundary of the site. On-site driveway and parking lots are paved with reinforced concrete slab over engineered base. The concrete pavements are noticeably sloped away from the building structure and toward the center swale and the catchbasin tor proper drainage. 13 A total of 12 two-car garages are provided, 6 garages at each building for one garage per townhome unit. The garage decks are of reinforced concrete slabs-on-grade, and are the lowest level for the townhome buildings. Additiona]]y, 4 concrete paved open parking spaces are available on-site. And street parking is also available in the neighborhood. Observations/Comments: Parking appears to be we]] defined by white stripes, and the parking stalls appear to be large enough to easily accommodate vehicles. No differential settlements were noted on the garage decks, parking lots and driveway which may be an indication that the reimorced concrete pavement was properly prepared and compacted during the initial construction. Driveway, garage decks and parking lots appeared adequately maintained and in good condition. I. Appliances Description: Each kitchen is equipped with a gas stove/oven, a dishwasher, a retTigerator, a sink and garbage disposal, counter tops and cabinets. Due to variations of usages and cares, conditions of the appliances are different from unit to unit. Management of the property advised that the rate of replacement of appliances is at an average of about one for each category per year. Observations/Comments: Rate of replacement of appliances is about average for the size of the townhomes (10 units to 15 units). We understand that repairs/replacements of the appliances wi]] be a part of the planned Renovation of the subject property. J. Mechanical Equipment Description: Due to the mild climate condition of the location and like many multi-dwelling complexes in the project area, the subject buildings are not provided with mechanical air conditioning. Heating of the townhomes is provided by individual electric wall heaters in each unit. Comfort level of the townhomes is controlled by wall-mounted thermostats. Bathrooms and kitchens are equipped with wall switches controlled exhaust fans. Exhausts are ducted through the roofs. Ventilation of the townhome units is by gravity and natural breeze. Observations/comments: Equipment capacity of the mechanical system appears to be adequate for the intended usages. And the system appears adequately maintained and in good condition. 14 We understand the repairs/replacements of the mechanical units are a part of the planned Renovation Program. K. Insulation Standards See Section F L. Structural Description: Construction drawings and specifications of the project were not available for JCEP/Huang's review. As a result, the fol1owing descriptions are based on intormation provided by Westone Management Consultants, on-site observations, and engineering judgments. The two townhome buildings are 3-story wood tTamed structures, where the grade levels of the buildings are the garages, while the townhome units are on the tirst and second floors of the buildings. Ll. Vertical Support System The roots of the townhome buildings are likely to be constructed of plywood sheathings over roof trusses and rafters on roof joists, posts and studs. The first and second floors are constructed of plywood floor sheathing over floor joists on posts and studs, and the concrete block walls around the garages. Ground floors of the buildings, the garage decks, are observed to be constructed of reimorced concrete slabs-on-grade over engineered fills L2. Lateral Support System Wind or earthquake (these two forces do not occur simultaneously) is transferred by the horizontal diaphragms (roof and floor sheathings) of the building structures to the shear walls. Finally, the lateral force is transferred to the foundation system for subsurface dissipation. The shear wal1s are the concrete block wal1s of the garages, and the interior and exterior walls of the buildings that are constructed of plywood and gypsum boards supported on 2 x 4 and 2 x 6 wood studs. Observations/Comments: Low-rise wood structures have historical1y performed wel1 under service loads and when subjected to wind or earthquake forces. 15 No structural distresses such as differential settlements, out of square corners, and signiticant cracks were noted during the property visit The building structure appears to be in good condition. No structural repairs are required at this time. M. Foundations Description: The buildings are believed to be founded on conventional reinforced concrete foundation system. Bearing and shear walls are likely to be on continuous footings, while the posts are on spread footings. The ground t100r is of reinforced concrete slab-on-grade over engineered fills. Observations/Comments: No structural distresses were noted on the visible portions of the foundations. The foundations appeared in good condition. N. Other Comments The following comments are applicable to the stair system and landscaping of the property. . Gap between the exterior stair wood stringer and the wing wall was noted at about six (6) stair locations (see photo #22). As this condition does not appear to be a structural problem, but the gap wi]] cause water entry and, therefore, eventually induce water damages to the wood stringers and the wing walls. It is recommended that the gaps be sealed by resilient caulking compound of high quality following proper surface preparations. And cover the sealed gaps with watertight sheet metal flashings securely fastened to the surfaces. ESTIMATED COST $3,000.00 . Planters near the entrances to the dwelling units appear to have been ignored, and the areas have become unsightly. (See photo #27) It is recommended that these planters be filled with washed rocks. Check the drains, t1ush and snake if necessary, and also cap the sprinkler heads in the planters. ESTIMATED COST $1,50000 . Bare areas and eroded slopes were observed in several locations in the property (See photos #21, #23 & #24) 16 It is recommended that deep-root dwart'bushes be planted following regrading and compacting the slopes. Also repair and adjust irrigation systems for the proper spraying of water (away from the buildings and thoroughly cover the plants). ESTIMATED COST $6,000.00 17 1. Front (north) elevation of the townhomes facing Arizona Street. Note: The fire alarm. 2. Concrete driveway leading to the tuck-under garages of the buildings. Note: The noticeably sloped concrete pavem ent. 3. Well maintained landscaping facing Arizona Street. 4. Western elevation of the building. Note: The concrete walkway and the metal fence. 5. The corner balcony. Note: The typical wood trims. 6. Typical landing/breezeway accessing the townhome unit. 7. Typical stairs accessing the townhome unit. Note: The fire e.:'Ctinguisher. 8. Typical support frame for the balcony. .---' ./. 9. The properly sloped concrete driveway. lVote: The trash enclosure. < ':IIi~ ... < '."... '.. ' ----'.. ~,..~~.. ~..~.- ,~-__- - --. _">-. - ~_ ~\~ -0,'. -_ -_J "'<-"'N:::::::Z~ " . t'~-' -....:.... .....'<, ...J'.-:~~-----""'" ----....'-...!... "'-', --, -\-.... '" ~ ,---- ~--------!.;, -~:- 4 10. Two parking spaces at the southern end of the site. 11. Area drain on the concrete walkway. 12. Catchbasin on the concrete driveway. td , 13. Sliding windows viewed from inside. 14. Sliding balcony door viewed from inside. 16. Typical bathroom. 15. Typical kitchen. 17. Typical gas-tired hot water heater. Note: The ullit is strapped jtJr Seismic safety. 18. Missing smoke detector that should be installed immediately. ,---,."~-,,. .,l"fj 19. Typical fire-sprinkler heads in the tuck-under garage. Note: The concrete block wall. 20. Structural support for the balcony. Note: The jire-sprinkler head in Front of the garage. 21. Concrete stairs between two buildings. Note: The bare area. 22. Gap between the stair stringer and the wing wall shonld be closed to prevent water entry. 23. The bare sloped area. 24. Water eroded slope. .. : ,.:-,:~ 25. Typical individual utility meters. 26. SDG&E owued transformer that supplies electricity to the property. i\; J-'t .. ~ """"',.~,,,,,,,,~.,:,,. 27. Typical bare spot by the entrance way to townhome units. Note: The stained and cracked wall area. 60 Day Tenant Notification that the Owner Intends to File an Application with the City of Chula Vistato Convert the Existing Apartments to Condominiums Delores Najera 582 Arizona St., Suite 8 Chula Vista, California 90911 The Owner(s) of the buildings located at 582 Arizona St., Chula Vista, California 90911, intends to file an application with the City of Chula Vista to convert the building to a condominium. You shall be given notice of each public hearing for which notice is required pursuant to sections 66451.3 and 66452.5 of the Government Code, and you have the right to appear and the right to be heard at any such hearing. Archstone Management Consuitants, LLC Authorized Agent for the Owners of the Property 12-03-03 Date ~'ry@J ".", i '[0' W ,'.' ',--' // '-.--- --___/IW ( , Archstone Management Consultants, LLC 710 Camino de La Reina, Suite 129 San Diego, California 92108 Phone 619-299-9194/5 Fax 619-299-9197 Emai!:;oc::.,\.~:]'i.t:i-,~c;:~~;-,,:;oi: ATTACHMENT G .)O!)6 OS: 44 FAX ~1<929,c(;J,4(3,5,,, ":.'-"J'-JI 1I"",......~ ..:'_~ J-~::j ,,_.u~.... FUJII-PROP .~ ~.. .1""AU!.. J1J......i...l:..., -""_' !4J n06 141005 11/10/2004 11; 26 FAX B19294J46S FLOIT PROP Ii!] 'J02 CONDOMINIL'M CON'.'ERSIONS- FORi"! B NOTICE TO ]>ROS]'ECTIVE TENANT OF INTENT TO CO~\lERT (pltIOR Ta J$:K1;Cl7l10N QF RENTAL AGllEEMENl) To tbe prospective occupant(s) of: 5.r~ fir; 2q~ . 51- (4dch-ess) If) I (aparlment #) The owner(s) oftbis.lm:iJding, ~ 5"8'~ 4/~VYi<.. :;1- (~~)" bas filai or p!= to file a D~gc. Reviowv :md Tentafive;l'arceI Map application with the City of Chu.3 V1SI4 to convert L1'rl" build:Wg to a condorninium Pf(!jed:. No units 'lI>ay be sold in this buildiJ:,g unle::>g the conv=:Ion is a.pproved by ihe City of Chul.a VISta and J;tnti! after a pablic report i:> imiuoo by the Deparlwent of Real Estate. If you b=me a tenant of'the building. you 5haU be given III>tice of each hearing for which nonce is required p~ to Sections 66451.3 and 6645;Z.,5 of the GOYemr:H:nt Code, a:Q(! )'Ou have the right to appear and the right 1:0 be heard at any such hearing. The owner or ~-w lQ'S agent :;ball provide a total of five (5) differw.t non.....". throt;ghout the appn:tvo\J procel;S 10 each ~"t prior to the tenant vaca.ting 1he premises due to the comrernion. The City of cnula Vista will notifY eaclJ, t<>13JJt of all ~ P1Jblic hearings (Design lW-Tiew Committee, P1anumg Commission, and City Coo:t!.Oi1) fOr the project !\ppmva!. If you m.oved, in after the ~" had beg;w, the O'I'Qner or owner's repres";n1.atiy",, shall 1nt1rnn you of the O1J:aent status of the project and how man nonees you will be gi~ ~'"iO vacating <h.=, r (.J2& (- (' e of owner or owner's ;'ig,~t) 2J /8/ tPt..f , (date) .- Jha.ve received t1ris notice on d-' '3 . 0 cp. n (dlltc) . ,'~. /1 '~ (I({)~ .) ~ (Prospective Ie 's si~1,il (Sa::rl.::iu.$6427.1(11) & 664.s2.8 of"!he GO~t:DtCode) 180 Day Notice To Tenants Of Intention To Convert the Apartments To Condominiums And Termination Of Tenancy Government Code Section 66427.1 The following written 180 day Notice to Tenants of Intention to Convert to Condominiums and Termination of Tenancy in accordance with Government Code section 66427.1 is provided to each tenant as follows: Delores Najera 582 Arizona St., Suite 8 Chula Vista, California 90911 The Owner(s) of the following described real property in the City of Chula Vista, State of California: See Attached Exh/bit '~" (commonly known as 582 Arizona St., Chula Vista, CA 90911) Hereby provides 180 days written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion to condominiums of the real property described herein. 12-03-03 Date ~rry~. OJ '8J () n \'// U /' ./}/ t~ /i LV'-c-/,::rd _ Archstone Management Consultants, LLC Authorized Agent for the Owners of the Property Archstone Management Consultants, LlC 710 Camino de la Reina, Suite 129, San Diego, California 92108 Phone 619-299-9194/5, Fax 619-299-9197, Email iscarlattil(illcox.net Delores Najera 582 Arizona St 8 I Chula Vista CA 9~91l I' . Complete items 1;2, and 3. Also complete item 4 if Restricted Delivery is desired~ . Print your name and address on the reverse so that we can return the card to you. .-:',Attach this card,to the back of the mail'piece, ~,';','~{;'iqr on the front if space permits. ,mJ:.," Addressed to: , --I' f f O'Express Mail DReturn Receipt for Merch3ncise D:;C~O.D; -- DYes 2. Article Number . IAlex Reyes 582 Arizona St. 9 Chula Vista CA 9~911 DVes 7003 1680 0002 1800 8075 102595,02 M-i540 . 1. Article-Addressed to: John & Kimberly Weaver 582 Arizona St 10 Chula Vista CA 9~91l 3. 2. Article Number ~~- ---~~--=--.-.r-\"J. o Express Mail o Return Receipt for Merchandise o C.O,D. _~_-:, 4~(ed..D-"- OQ 2104.':.~ DYes . 0002 121 - U,210~ ~\\r~ -.- IJ -- .: --- P I ann n g & Building Plilnning Division Department Development Processing CllY OF CHULA VISTA APPLICATION APPENDIX B Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List Ihe names of all persons having a financial interest in Ihe property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. Un-! --:/' r~// ~ +- ~,N /~ / 4itU~~ 2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. ~/A 3. If any person' identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. ~//1 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. ~rI<ETT ;. i"fY11 5. Has any person' associated with Ihis contract had any financial dealings with an official" of the City of Chula Vista as it relates to this contract within the past 12 months. Yes_ No-X- If Yes, briefly describe the nature of the financial interest the offidal** 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 ';i Yes _If yes, which Council member? ATTACHMENT H 276 Fourth Avenue Chula Vista California 9191 U (619) 691-.')101 ~w?- ---.-- p-- - - ---=- P I ann n g & Building Planning Division Department Development F'rocessing Cl1Y OF CHUIA VISTA APPLICATION APPENDIX B Disclosure Statement - Page 2 7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes_ No;X- If Yes, which official" and what was the nature of item provided? Date: ~. 1____ ~--- -:> / ~ //u.-- / " /' )C~ l ?~~~-, .<Signature errco. ct .. pplicant~ VAlV' 0'0/1 type name of Contractor/Applicant Print or Person is defined as: any individual, firm, co-partnership, joint venture, association, social dub, 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. PLANNING COMMISSION AGENDA STATEMENT Item: X- 3 . Meeting Date:-1\m.iiiJ2 ro/OI- 1L')~' ITEM TITLE: PUBLIC HEARING: PCM-06-03 considering certain amendments to the Chula Vista Auto Center Master Plan, Auto Park North Specific Plan, and Auto Park East Specific Plan. The proposed amendments consist of changes to the plans intended to make the three documents consistent with each other, in terms of the policies, regulations, and procedures contained therein. Resolution: Recommending that the City Council/Redevelopment Agency approve certain amendments to the Chula Vista Auto Center Master Plan, Auto Park North Specific Plan and the Auto Park East Specific Plan (PCM-06-03). During the past decade, the Redevelopment Agency and City Council adopted three documents to guide and regulate the estabhshment and development of the City's Auto Park in the Otay Valley Area, located along Main Street east of Interstate 805 (see locator map and aerial photo shown as Attachment 1 and 2, respectively). In 1992, the Redevelopment Agency authorized the enforcement of the provisions of the Chula Vista Auto Center Master Plan; in 2003 and 2004 the City Council adopted ordinances for the implementation of the Auto Park North Specific Plan and the Auto Park East Specific Plan, respectively. These three separate documents were prepared to ensure the orderly and viable development of the Chula Vista Auto Park by estabhshing permitted land uses, development standards, design guidelines, and entitlement processes. During consideration of plans for the Toyota dealership project in the Auto Park East area, the issue of inconsistencies amongst the three planning documents with regard to development standards, design guidelines, and entitlement processes was raised by several of the developers of the Auto Park. The Redevelopment Agency/City Council directed staff to assess this issue and bring back any necessary changes, which would ensure consistency among the three plans. Staff analyzed the documents and is recommending changes to provide uniformity and parity amongst the policies, regulations, guidelines and processes contained in the documents. These changes represent amendments to the Chula Vista Auto Center Master Plan, the Auto Park North Specific Plan and the Auto Park East Specific Plan and are presented to the Planning Commission for consideration and recommendation to the City Council/Redevelopment Agency. The documents, containing the proposed changes in strikeout and underlined format are attached as Exhibits "A," "B," and "c" to Resolution PCM-06-03. The Environmental Review Coordinator has reviewed the proposed action for comphance with the Califomia Environmental Quality Act (CEQA) and has determined that the proposed action was adequately covered in previously adopted environmental documents as follows: Final EIR for the Chula Vista Auto Center (FEIR # 91-01), Auto Park East Mitigated Negative Declaration (IS-02-010), and the Auto Park North Mitigated Negative Declaration (IS-02-06). Thus, no further environmental review or documentation is necessary. RECOMMENDATION: Staff recommends that the Planning Commission adopt Resolution PCM-06-03, recommending that the City Council/Redevelopment Agency approve certain amendments to the Chula Vista Auto Center Master Plan, the Auto Park North Specific Plan, and the Auto Park East Specific Plan, as shown in Exhibits "A," "B," and "c" of Resolution PCM-06-03. DISCUSSION: Chula Vista Auto Park Description and Location The Chula Vista Auto Park is composed of three areas generally located along the north and south sides of Main between Oleander A venue and Maxwell Road. These areas can be further described in more detail as follows (see locator map and aerial photo shown as Attachments 1 and 2): The Chula Vista Auto Center was developed in 1994 on the 19-acre site located on the south side of Main Street, between Oleander Avenue and Brandywine Avenue. Three auto dealerships (Fuller Ford, Fuller Honda and People's Chevrolet) were developed in the mid-1990's and have been operating since then. The Auto Center was approved through the issuance of a Special Use Permit approved by the Redevelopment Agency. Through the same resolution that approved the Permit, the Agency authorized the enforcement of the Chula Vista Auto Center Master Plan, which provides a set of provisions and guidelines for the development ofthe Auto Center. The Auto Park North occupies the 39-acre site located on the north side of Main Street between Brandywine Avenue and Maxwell Road. The development of the Auto Park North was approved in 2003 through the adoption ofthe Auto Park North Specific Plan. The first development plans in this area were approved by the Design Review Committee for the construction of the McCune Auto Dealership in 2004, which is now in operation. Two additional dealerships have been established and are in operation as ofthe date of this report (Payless Car Sales and South Bay Motorsports). The Auto Park East area is on a 3 I-acre site located on the south side of Main Street, just east of the Chula Vista Auto Center. This part of the Auto Park was established in 2004 through the adoption of the Auto Park East Specific Plan. This area has been developed with the Toyota Dealership located on an 8-acre lot on the westernmost part of the site, immediately adjacent to the People's Chevrolet Dealership. Presently, approximately 36.5 acres of the Chula Vista Auto Park have been developed, which represent 41 % ofthe entire Chula Vista Auto Park. Approximately 52.5 acres, primarily in the Auto Park East and Auto Park North areas, remain to be developed with auto park uses. Surrounding Land Uses The Auto Park is located in the City's Otay Valley area. The area is characterized by having a mixture of commercial and industrial land uses, with some residential uses in the northern periphery. Immediately surrounding land uses are shown in the table below. North Industrial and residential uses; residential uses are approximately 150 feet north of the Auto Park North area and at an elevation of approximately 70 feet above the graded lots West Commercial/Industrial uses South Otav River Valley East Industrial uses and vacant lands Auto Center Master Plan The Auto Center Master Plan was prepared to guide the development of the Auto Center. The Master Plan contains provisions related to the pennitted uses, design concept and procedures, development standards and regulation on height, lot coverage, landscaping, parking, signage, and other standards and requirements. Auto Park North and Auto Park East Specific Plans The Auto Park East and Auto Park North Specific Plans were prepared to plan and implement the northerly and easterly expansion of the Chula Vista Auto Park. The guiding rationale behind the Specific Plans is to ensure the orderly and viable development of the site and the implementation of the policies of the General Plan and the Merged Chula Vista Redevelopment Plan (Otay Valley Sub-area) by establishing pennitted land uses, development standards, design guidelines, and entitlement processes. The Specific Plans establishes land use and development regulations that are specifically adapted to the development of the two sites. Proposed Amendments The proposed amendments to the Auto Center Master Plan and the Auto Park North and Auto Park East Specific Plans consist of changes to the provisions within the documents to make them consistent with each other in tenns of their poJicies, regulations and guidelines. The proposed amendments are solely for the purpose of providing consistency and parity among the documents, which will serve to guide the developable area of the Auto Park. The amendments are not intended to change the nature or character of the Auto Park. The land uses will remain unchanged and the Master Plan and Specific Plans will continue to effectively guide the development of the Auto Park. Generally, the proposed amendments can be classified into two categories: one category represents changes to provision related to development standards, such as height, setbacks, landscaping, signage, and hours of operation (see the attached documents in strikeout and underlined format). The other category represents changes to the procedures related to review and approval ofthe proposed development plans. In this case, the changes consist primarily of updating the approving authority from the Design Review Committee or Redevelopment Agency to the Chula Vista Redevelopment Corporation, which as of May 2005 has design review authority in redevelopment areas. ANAL YSIS: The following provides a brief analysis ofthe proposed amendments relative to consistency with the General Plan, Zoning Ordinance and Redevelopment Plan. As indicated above, the changes are intended to create parity and confonnity among the three documents. The proposed amendments do not modify the configuration and extent of the Auto Park sites or the function of the Master Plan/Specific Plans. Rather, the proposed amendments reinforce the documents' consistency and applicability and ensure the effective completion of the Auto Park. General Plan and Zoning Consistency The proposed changes to the Master Plan and Specific Plans are consistent with the General Plan and the Zoning Ordinance. The land uses and development standards continue to confonn to the uses pennitted by the Limited Industrial designation of the General Plan and the Industrial and Light Industrial designations ofthe Zoning Ordinance. The proposed changes to the development standards such as height, setbacks, landscaping, etc. continue to be within the standards of the Zoning Ordinance, City's Design Manual and the Landscape Manual. The proposed changes to signage are consistent with the Sign Ordinance. The proposed changes to the review process (Design Review Committee being replaced by the Chula Vista Redevelopment Corporation) implement the structural changes that have occurred within the City's redevelopment areas. The proposed amendments provide the opportunity to update the Master Plan and Specific Plan and bring them into conformance with the new review processes. Redevelopment Plan Consistency The proposed changes are consistent with the Amended and Restated Redevelopment Plan for the Merged Chula Vista Redevelopment Project (Otay Valley Subarea), in particular with the goals and objectives of the Redevelopment Plan of removing blight, providing for the enhancement of the area and its businesses, and attracting investment. The Master Plan and Specific Plan will continue to implement the development of the City's Auto Park. CONCLUSION: The proposed amendments to the Auto Center Master Plan and the Auto Park East Specific Plans represent technical changes that will bring the documents into consistency with each other. The documents win contain the same development standards and requirements, as well as the same procedural requirements. The proposed changes are consistent with the General Plan and Zoning Ordinance and will facilitate the completion of the Auto Park, thus implementing the goals and objectives of the Redevelopment Plan. Therefore, staff recommends approval of the proposed amendments to the Master Plan and Specific Plans. 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 the subject of this action. ATTACHMENTS: Attachment 1: Locator Map Attachment 2: Aerial Photo ATTACHMENT 1 .I ~_Il rr ~~::jT" ~ ....,W ))" '{"' .1\' '\;t .11 ""rS;: 1 I., 1..J"'1' V ;:G~ I::JJ:K( Y l:IIv _ ,...,.." '-- - ~I~III I~ = = .J ~ _ ~~ .... J ."..",. ..I @!= ~ ~ J) U . M ~iii~ -l~ ~/ 1~1i~ ~~ lJ'\rull u: I \ ~;; /1 r~~ I ~~ ~.... ~,t.., ~~ i ~ '''V- " '==: 'l' > ~ = - - u~ I /r m 1-.-. ..-/ ~-' - PROJECT LICI11~ U-- ~~ ~ // ... t,\ C HULA VISTA PLANNING AND BUILDING DEPARTMENT LC) ~ Community Development Depl PROJECT DEIICRIPT1ON: MISCELLANEOUS PROJECT Main 51 Between Oleander Av ReqlI8II: Amendments kI Auto Park Specific PlanslMaslBr Plan ADDRESS: & Maxwell Rd. chqIng three documents to make them consI8IBnt with each SCALE: ALE NUI&R: other, In terms of policies, regtMtions and p,u()8dUl8S. NORTH No Scale PCM-06-03 ReIIIId_~, PCMoQ2-10 - - - ~ ~ ATTACHMENT 2 +' z III - s::: <11 E "C s::: <11 E <t s::: C a.. .... <11 - III C ;:E ........ III s::: C s::: 0.. 0 -Vi <-.Q U .!!! 0 :;:: Eo .~ EN, Q. 010 cnMUN ~ 9 CI Cii c-os:::.c a.. 9oi:: 0 0;:Es:::.c -ucu ;:) _0 <ta..a.. OJ c: :;:: <11 <11 :E RESOLUTION NO. PCM-06-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL/REDEVELOPMENT AGENCY APPROVE CERTAIN AMENDMENTS TO THE CHULA VISTA AUTO CENTER MASTER PLAN, AUTO PARK NORTH SPECIFIC PLAN AND AUTO PARK EAST SPECIFIC PLAN (PCM-06-03) WHEREAS, a duly verified application for certain amendments to the Chula Vista Auto Center Master Plan, Auto Park North and Auto Park East Specific Plans was filed with the City's Planning and Building Department by the Community Development Department ("Applicant") on October 27,2005 pursuant to a referral from the City Council of the City of Chula Vista; and WHEREAS, the application requests the approval of certain amendments to the Chula Vista Center Master Plan, Auto Park North Specific Plan and Auto Park East Specific Plan, attached hereby as Exhibits "A", "B", and "C", respectively; and WHEREAS, the amended Master Plan and Specific Plans would Implement the Redevelopment Plan for the Merged Chula Vista Redevelopment Project Area (Otay Valley Sub-area); and WHEREAS, the Master Plan and Specific Plans would be consistent with the General Plan; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed action for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed action was adequately covered in previously adopted environmental documents as follows: Final EIR for the Chula Vista Auto Center (FEIR # 91-01), Auto Park East Mitigated Negative Declaration (IS-02-010), and the Auto Park North Mitigated Negative Declaration (IS-02-06). Thus, no further environmental review or documentation is necessary; and WHEREAS, the Planning Director set the time and place for a hearing on said application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the property at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely on October 18, 2006 at 6:00 p.m. in the City Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the public hearing with respect to the application. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION does hereby recommend that the City Council find that in the exercise of their review and judgment, the following environmental documents, in the form presented, have been prepared in accordance with the requirements of the California Environmental Quality Act and the Environmental Review Procedures of the City of Chula Vista: Final EIR for the Chula Vista Auto Center (FEIR # 91-01), the Auto park East mitigated Negative Declaration (15-02- 010), and the Auto Park North Mitigated Negative Declaration (15-02-06). BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION does hereby find that the proposed amendments to the Chula Vista Auto Center Master Plan, Auto Park North Specific Plan and Auto Park East Specific Plan are consistent with the City of Chula Vista General Plan and are supported by public necessity, convenience, general welfare, and good zoning practice. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION does hereby recommend that the City Council adopt a resolution approving certain amendments to the Chula Vista Auto Center Master Plan Resolution No. PCM-06-03 Page No.2 and introduce two ordinances approving amendments to the Auto Park North and Auto Park East Specific Plans (PCM-06-03). BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSiON OF CHULA VISTA, CALIFORNIA, this 18th day of October, 2006, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: Bryan Felber, Chair ATTEST: Diana Vargas, Secretary CITY OF CHULA VISTA CHULA VISTA AUTO CENTER MASTER PLAN Adopted bv: p.eJcwI0)1111cnt "'['enc\ of thc City of Chula Vista Rcsolution :\0.:J28Q Datc: Octubcr I]. 1992 Amended bv: City Council Rcdc,eloP!11cnt ,\ccenc\ Rcsolution :\~o, Date: n nO- -------.---- Exhibit A CHULA VISTA AUTO CENTER MASTER PLAN Rf.c-q:-;j.:.jCj-Im!\ j;';'--\-*'Hh,'r 6, ,<)1); Purpose The purpose of the Chula Vista Auto Center Master Plan (Master Plan) is to supplement the provisions of the Otay Valley Road Redevelopment Project Area Implementation Plan/Design Manual Addendum (OVR Implementation Plan) for the properties constituting the Chula Vista Auto Center. The provisions of the Master Plan shall take precedence when in conflict with those of the OVR Implementation Plan. Any issue not addressed in eithcr plan shall be govemed by other applicable City' standards. The text and exhibits of the Master Plan also constitute the infonnation in support of the appi'Ealimt--I+>1'-a special permit. apprO\cd bv RedcI clopmCl11 ,\~CI1CV Re,olution. :\0. 12xn on Octobcr 13. 199~ to establish the Auto Center on the property in question as required by the OVR Implementation Plan. The special permit and Master Plan .wi-H-bc arc accompanied by a Disposition and Development Agreement between the Chula Vista Redevelopment Agency and the Auto Center developers apPrlncd hI RcdewloPJ11ent /\ecnc\ Resolu_~i5m 1276 on ~cotember 15. 1992. Permitted Land Uses The following are permitted uses in the Chula Vista Auto Center subject to review and approval of the r)e;;igt~iew-.(=mmlli-tk'" and--I.he Redevelopment .\i'cn~ ('hula Vista Rcdcl:o;JoDmenl C oJ]J_Q.ration: I. New car, truck, boat and recreation vehicle dealerships, including display and storage areas, parts, service and shop facilities, and accessory used vehicle sales, recreational vehicles, including oft-road vehicles, with a gross vehicular weight ofless than 750 Ibs. will not be sold. 2. One petroleum fueling station for the exclusive use of the dealerships. 3. +etHpl)rar)-Citm~'1m{'-s toIHn+;;{'--penniHetj-H;;e-s-"jja:-I"'-itf'f'J'f)vcJ-b~-Direc1Hf of. PlaI111iHg----ff}f-a -\)(' 1'1Htt--fIBt---lo .. ~'\€t~-Q--da ys:---l-H----fl{+-case---4-H-t-l---h:lllfH:1I'nfY s-t-RI-ctureshe-fltTj}FO-vcd as- pe-F-n-lH__nent 1~1C1h~:c:'. Desien Concept The basic site design concept tor the Auto Center, including site layout and examples of display pad, frontage slope and parking area treatments, is depicted in the attached exhibits. The final siting and design of structures, circulation drives, landscaping, and display and storage areas shall be subjcct to review and approval by the Dc'sign R",i<,w ~-:f)-EHni-l-kc dndlht-_'--]{-cd('-\-tY{-'fHlll'nl :\gt'+H~Y- Chub Vista I~~d~\TloJJmcnt C_ornoration in I accordance with the Master Plan "nd+,\-R~i1',p);'+;1C1;!Ci:iciiV-l,iJ;, The Auto Center is intended to retlect a modem/contemporary style or architecture. Showrooms are the predominate architectural feature. The public entrance to each facility should be emphasized by color and/or torm. Service bays, repair arcas, and loading and storage areas shall generally be located to the rear or side of the showroom and screened from public view. Proposed building materials and colors are as follows: Acceptable primary materials: . Storefront glazed curtain walls Masonry . Concrete . Stucco Accent Materials: . Glass Block . Painted or polished metal . Exposed timbers Ornamental iron Unacceptable Primary materials: . Exposed wood siding . Metal siding (Butler Building type) . Shake or roof shingles Color schemes shall emphasize earth tones and warn1 grey shades. The general building color selected shall be used throughout each individual dealership and shall work to integrate all elements of the dealership and the Auto Center as a whole. The use of accent colors can be used to highlight building forms. Color accents should be compatible with the automaker's logo or corporate color scheme and image. Potential areas for accent color expression include: . Showroom glazing and aluminum extrusions . Entrance doors and windows . Trellis and spaceframe structures . Gates and structural supports . Sheet metal trims . Ornamental iron Building Height lb.c m;l;simllm hciQht of buildincr and other s~ructllrcs shall not exceed -15 feel. ex~.eJ2! 2 Jl~LilI~::Jlj tee 11l!jlJ j('a t tU~~ LindQJJ~~J L'\: c,.'PJi( )n~ __~!~J)n1\-i dl'(ljl1_J]1C_LbllJ a~jc\la \h_llJ i cj-Dill Cudc. Lot size,. Coverae:e and Setbacks The minimum lot size shall be no less than ~J.~5 dcn',~IIl_;:;ljuare ICe!, and the maximum lot coverage tor all main and accessory buildings shall not exceed -1-51} % of the gross lot area. \linil1lum Building setbacks shall be as as :l)llc1\\s:~_'J,ccilietJ-ij\~ lhe--+1+-J{ I In plt!-n~(';-: t~l:i l);l-!)lH-H-- ~l_; 11~ c~l~-Hn.!(l J'HHli---+-H-e---1-R+tltage--~i-fe-e-t-aHtl-- -Brtt-1~'1nC-- :\'ve-tlHt.-'--:- \;~x12t'p-l.-4dt-t-fl--t-e--Rorsjde Lind n:Hr--scthHEk-s--tHH-:-l~ rcdut'-L~-P.-S€-fl---Hp{)Fr-aH--fit)f.,rovcfl-fl-aH: :;'1(1 an t"dHttffiinHo!.lhe-htt-18ioHal andaliTfl!<'+1t-Fclalinn. hip.: of lhe .-ite. buiidil"tw;--atjt} 'itH'H-)--\;:\-H-El-i-:+g---a-fe~lS-; \1ain Slreet: 30 feel. !ntcl.i"". road: 10 fe~C:L Br~lJ1d',\\.il1e /\ycnue: 1.0 fed. Suu!hern BOllndan: 50 feel Landscaping Every lot shall be landscaped and maintained in an attractive condition. Landscaping shall consist of a well-planned and designed combination of trees, shrubbery, ground cover, and hardscape. The value of high quality architecture, special features, and embellished hardscape is recognized in the overall landscape design. The contribution of such features will be considered in the evaluation of submitted project plans. A minimum of Ii :tecn {w,-'-t*T percent (152-iJ%) of each site should be permanently landscaped and irrigated. ,IJJ-+0fttHR'ClsctkICL.; :hall hc~1itnd.c'lpod, c-'ct.~haHHe-ft+1ili widt+H,!,-1 :HldscajJi+!);+Ha:r-he-H.d uCCd~t+H1tt+{,SS tlllilJ-J-"-!"e! ,,<Ij aCL'nHB-+Hlto ,~-a*J eH';{;*,l€f park;Hgc-aJ'€ft"'--LQ.1.s~ shall be landscaped to a. dePth of at least J () feet al(,1~ DrnpCl1v line~~~ c\:ccn1 for apl).roycd driye\\3Ys. narkinu Zlrcas. disnlay__arcas. loadin!.! areas. and oJher annro\"cd 1~~.iJilics. The freestanding auto display pad areas, or portions thereof, including landscape planting, enhanced paving, and other decorative features, may be computed at a maximum of twice their actual area in meeting the landscape minimum upon a tinding {hat these areas are of extraordinary artistic or environ.mental quality as provided for under the OVR Implementation Plan. Landscaping shall be designed to screen and/or break up large paved areas, and soften building and wall lines. Perimeter decorative screen walls shall be reviewed for any necessary landscape planting needs in conjunction therewith. 3 .--\~i-!-~+i:-d.-~~~p2-:--~-d--H+i-Eg----{tH;j --~f-F~~1-1h~n -- p-kiFi-S- ;-;ha-d-- he c.,d\"m~-th'd- tn lh\.' Dcak>rs '\HJ-~~-"-'-'t.+~-':-'-'-~-~~+l.-v+'"-'.v---r-:..L-'-lH-'~:;"';'L~ !~..l~_'~L'_V; '"'-\-1':---'-1.1..' ..1---'-~j~,..J.::f"t..;-" t _..1),.;,~~,~ .. (_)_,",' 11"11: ssi " 11 1 )_!11'-' ; ~_;"..,". ,-,1c_ ~ .'-' .. '" n., , ,,-,----;-""'1>. 1..... ~ '..!ttl ""I'l.T Ci"'t1T..r'-t'J ',It-, I..," '\. ,,- (~ i-l~;--<\Pt'FH-~--8-y-l+t0-!--A.2-a~-\.'-FS--(~~t+l-HIHjH0t- d\)t!-S.-jl()t --ii11i)] Y t!-!ilt -1110 p) a-ns--t-p-H--J-~-)HB-h-)----t-fte :-4-rrJ-){~-H-l:d-s--H-f---'rt-t1l-F~~~~-V-L~11-e-dt7j-)i'B '.' ~~] ~'~!' J} c-+-=-i-t-:~-A--!~t'B~\;,-Fs--k-aH-d-q'-at=)c- [\.'1 a ink' n a 1 K0 A -:-;SL'S"':,\Hcn t -.'\Sj~o't:~ dli on-- -sk'll j ...--bC----ItHT1-'tt'-d--h.t-- -tl,-s-ur-e-- r~~H+17e-F--ttHti-H-tt'-H8:fK"t~{i-f---(71l 1-8-Htt ~~aj'~tH-F\-\~-{~::~-H-ll-)€-~\-Hk-+--{~' t' n It'T-;- Landscape, planting and irrigation plans shall be prepared by a Landscape Architect licensed by the state of California and shall be consistent with the Landscape Manual of the City of Chula Vista. AU landscape, planting and irrigation plans shall conform to the requirements of the City ofChula Vista Landscape Architectand shaUJ)e"lbiee! !<.' re' ie\\ and appr"-'..'.Il.oJ)lli:_.clltl]a Vista Relk, cloPlncnt COIJ](Jratiocl, Screeninl!: and Walls The view of service bays and repair areas, loading and storage areas, and trash collection facilities shall be screened to the maximum degree possible from public view, Screen walls shall consist of decorative masonry, plaster or concrete construction and shall match adjacent construction. Decorative masonry walls shall be used on all property lines that face the wetlands and other areas which arc exposed to public view, Chain link fencing up to eight feet (8') high with an eighteen inch (18") spiral ribbon barbcd wire cap may be considered for use at interior property lines and where views are not a consideration. Chain link fencing shall be screened by a minimum four foot (4') clear width oflandscaping on both sides of its base, and shall be plastic coated in a color compatible with the landscape planting. Parkinl!:/Loadin2lStoral!:eillisplav On- s t red pH rk i n g - i S---t)H-H-liht1c',<J-ffi.!.ltHt---f!t€ . '. u: 0 -ic\en \ Clc-A II n park~~mj.l-h<, iK-'-(:-HHH1H:)da1:e-d-on-site - i 11-aCC()nJallt:e---\Tt-1-ft ~11c !'o I !-t+\-\--i~~-Flt-;Ylt--s-; .Sh<H\-H)tHTr.-*H'KLSf'it8."-f'1'r ] .(100 .;C!. 1\. -- t-J-niH"'-+H1<,sf,HCC' per SO(l sq. 1\. ----P-Hf-I ~;/~. t (J 1':1 ~'-;----8-Ht'-S-rhH..'-e-i'H:~~-f-'---L OO(). sq. n ~ . Scrvict'fRqll,ir: unc .;I)WCtLfJ~+ Oil-street IJarking ~U1d loadin!! shall be proyided IJursuunt to thc__Ofovisions of the Chula Vista \lunicipal (~(1SIc. On-street parkinQ shall be allO\wd. c"c.~W alonQ \lain Street. CU5.1(-'HsK>mer parking areas shall consist of standard, double-striped stalls clearly identified by signage and/or pavement markings, Employee parking areas may consist of up to 35% compact spaces and shall be clearly identified. Vehicle storage areas shall be identitied" but need not be striped. Storage areas shall be screened from public view. 4 Display shall only occur in areas designated tor display according to an approved plan, No display shall occur in areas reserved for landscape planting, Display areas and pads shall not contain portable ramps' or other such devices to elevate and enhance the visibility of. vehicles, No vehicle more than 25' in length shall be displayed on the display pads north of the frontage road, I"oatlin~ntl-t! n loading Loading and unloading of vehicles shall only occur in designated areas designed and reserved solely tor that purpose according to an approved, plan, Said area(s} shall provide for safe and etllcient operations so as not to intertere with circulation or parking within the Auto Center. Deliveries shall be scheduled so that all transport vehicles within the Auto Center at anyone time can be accommodated within the designated loading and unloading area(s). Sil!:ns Pne II-eestanciing- ~ign-t-ew;~"H\---\\-i-th-+RBf\tH11CIC: .i;H--8TItntt'\{'Fi~liei-e;hall be all""" cc4 iF\-tH'thQ'-!<1 idcnlil:, :he ,'nfu-t+'enler-althc project enlrv onOti+\--\4tlky-I{oad. The sign 4w.ll con::Jin only tlte-'wHfd,;,c..('hulaVi,la-\uto CL-nter::o-Ht1d-t-H~fJ-(-'€t!t€F-1{->g&.-4 shali eomply-\\i{h- thc-IHOHHH1Cnt .;if:n pl~s-iBt!.; of :he-+f-V-Jl.-~mplementlti()n P"'n. except lhae-f.t-may be :lpprowd up te-a-ht~'I1-Bf-t-o,'rt'lve led 112-'i--141t'--stgH-fHi+7--he aHo\~<'-ci-ln-incorpnrat{'-.an-ek'('-tHHtic ;11c.,:,a;c bomd "uhiee! :0 H'-I-ic"" nnd apprm"l-in HH'fH'f!afl€-~f1--ttj7j7Hwhl€-{'jI-\- +cqui H'HK'nl s j (JF 'lie IJ,;tglt50 In addition to the ItJIlo\\inu speeili,,_J:<;ggircmen!"-.JhcJJ1Ula Yista ~lu111eipal Code pn)\'i~ions rc!:.!ulatinu si!:.!l1s shall anDI\" to simls \\"ilhin the ('hula \'ista Auto Center ~Ja5tcr Plan. 1_.,\ planned siiln prOf'ram shall be prepared ror each parcel and shall be submitted ,"jth the required dc\ elojJJnen! plans to the Chula Vista Rede\elopment Cornoration Cor dcsii!.1l rc\"ic\Y pursll.,!lnt_to_lbc dcsi!ln rcvic\y process oLthc Chula Vista ~lunicipal Code and prior to the issuance of buildinil permits for the-1)ar<:eL Planned _sien proerams shall be consistent \\ith the Citv.s Desil'.n 'vlanuaL The Chula _YistaJ~ede~sJQ12mcI1Lr.QIJ2QIation sh,ill.s:onsideJ:.. onlv architectural compatibility of the sil'.n structures. and non-communicativc aspcets of the siilns. such as location. size. heiilht. orientation. liilhtinl'.,ste.. Cl]1Q shall not consider the 1'.!:;mbj<,:j-,sif"l.Qr..l1l~~5~]llhe siiln face~ ! .-'\11 planned siun nrOQrall1S shall incorporate bv rcICn:ncc alJ of the nrovisions of the Chula Viqa \lunieipal Code. Chanter I 9.60. Sil'.ns. 3. Siilns "ithin the California Department _'2L.IEIJ1.snortatiol!--LCaltrans.') jlJrisdictional areas shall be subiect to apprmallw Caltrans l~ldl-d\::'aJ 02rsh i p ~ha !-!-ht,-a-!-!f)-\\--t'{+{-H11 y t 110:-'1: si g!l S \\-Ili-c h-H;';2-----i-:t>t(~S--H+-7-jBF-i-de-H1:-~t-H_tffiH 5 i : r-+H€---}'I:~H lch-~~1+1'2-;1H!llli-st:-~---th e-{~n n111(B-t-H~;1...' .-; l r-H-~-t-t.:~ d 1 rC-8-i-(~11 a! - - i rd-t+l-€--- c q ni-ft-H ;-J;-Rd n'1r-)~-:T~; Sig-Fl:-~i--t---bc- int-et~th.:d----\",-'-i:-1.~t-ar-l'h;-tet't-urc ---'1-!-lt~-kt-nt!SCHp-H-lg-- il1l()-----hH ( ) rga i'1~7:_i2~A - ,i n d --'\, -j--Ftffi-H-t-er-ed- --H-e-s-H-k+i t -- :-; l-a--i:e-FFi-l'! 11 ~-- - t'-HFi-si sk 11 t -- --\-'vj t-R----thc ---q-H-i:i--l~-l y - -- de-~--g---H- \~'--1~l-p]ldSis---{+~~- () \/ I{-lFf!tH-8-1H:nla{~e-H---l2taH:---Q-€+ai..' !lL'i,.f-:; i ;;;-)-S- and-t-R8-f---c"it rH~'--t-l:tf-eS--c.;J1O-H-I--d ~'i1q1(Frtk~-1-he- matcR-ahr.-tiCx tun)S-;----rt-H-J--01 h~k~ig-n-_t_it_H-h:'!l 15 (1 r the dC&-l2-F--4-~K' i I ily~ !-ft-t'-Std11d-~-Hg---S-tg!lS--sl;Hn--t-d--+t(--CaR~sile-J-tH-{}rdcT--h)--a v{ )id-t'-fe-ali ng---{-Fa+~1c 'lfu':~ :4t+c--h-i iig--\~-- at" cn--t-f-m-1€ty'-e-\;jsl::<~----i--H-t-e-rfcn..'--I~wi tJj -~-H-t-t'-F-SL'Cli{)t~si bi-I~~-L'lC-,----A-H +~ n ~s-\:;d~-bc-2 Pt=rF8-H?-{+--hy i he--+)e-s-igJ 1 Rt~-\.c.j...2-W{ 't-lFH-H-li-H CC,iH-tt-Rt'-lj\.?\-t--'1Bt'HH en-t- ,'\;; l~tK: Y 111 C(;'i1,t-~-:-H-C+~ l) 11. w~t-4---H---t-+-7H-l p1'l.-:' h-ens-i-v 1...' s-t-t::-H-FH}-g HHH--;- !~1-t'h- .(1 Cd! I:.:'-fs-h~-p s ha-il--hE.'---a-! !o \-'\~-G HC'-- 1111.-)-RHH1L'-!1 t - -~-rt--a i1d - (H'1-e--i~fi JllLtf-7----\\;a It--S+S-R---i-n d€~8H--IaJ1CL'---\~-- t hc---s-i-g-H-frfH\i SifHb-Ht'--1 ]It'--{+\/~~ ! rn-t~I-eH10ili a-t-i-B-H--llJ an~J--!11(4FH:i-H-tt~t1t *"HS ,ha!H",'-inl-'Bfj*>ffitec! .witItiB-an. C11"f'R+\-cd-A.Hto-Ccntci'-tlcsigHftH1asec--cJ1HJ!. be pJi-ll-'-e&{)H tlle----k-tt~~lhin th-e--J-ar\-l~sca1~fca--at~t-n-82-i1t. h+--H-te--!l'p11t---i+f-t-H-€ SHet-t--:--ilnd sl-rrH-l- H-T-H-intd i n----a-tH-ini ]11Um~- fOOt-&}--sclhae-h--fHHH------H-tt--- .cu rh----i+r--hac k--H~ s idt.'-\-Tft-I-k \:Vtti-t---tw--\.-Cl'.. i s-~t'f!-t--eJ~~ f"**H'Y "a~!-stgl1S sha1t-he-ind i \- itlu~il !lH~d !e11e&w i th-f\ff\'1il'~"iand-Ffle1a1 l4;aH!!d~)o;l'condary ,,\ all-s+i'+1~H' S<c'~I}itfts--et*'-'.- simJ+--a!-so. bc'--fti-lmw,+--s-tJhjccHB t-heS\?--SHHl-e- s ta n d~l I'd .-; \v i tl1 -t'e-S-fTL~t--t (}--{-}i*'-RI1t.-l-----m--H--t-r-t-als-:---++1-t'-n u nlhe-f-~-s-tz C--HHJ----...~es i-g-H t)-f-s-t'H,nd-a-fT~ll ~"-_; i ;;11:; ~~llfl-.d i rce--tH-)-Ha-l- alTti-s-e€-ondar~,. :' j ;ns. at--t-H+r:--p()i-FI-b-and---\-~-tl--B--H ~i!c shatJ--iK~I-c\'",wed--f1Hd-apl*f>',-<'{J-alo~lh IhL-'-1*fH1ary--s~ge-~~ach site-as par! 0 j'IB€-t01ll pfeh€H5i\-c-,;~gran~Hc'h-cffitkr,hifTc En<.4-1--t\ca!eLhip .-halJ-he-HHHw<,ct-{7fle--E0t15lTHt1iHnY-gH-+1O IHHft'--1flan ci;::1l. k-c4-tg~ wide hT--Rinc-iff~-~1i:;1b-.:t:f1"csig+t--+Hf1~'hl'-i7htced mHt1t'-sile Uj')f}!+-'lfb~;nn-i.-,r piHR5--f1Hd ,ha!-I--I)t'.reIR8Y€B-pFi()HfH_'Hpitnt'-~ J21'Hhi hi I H.+w'i'-"<o pH~mted--oHHHf 1B8HHk'Ct,. il<t-s~. nHwing-fH' -rc'1aHHnsi-gn-s-ar<, peHHi-Hcd .--WindHws-fltf\T-eop\'--iHs*k Of-Hillside ,t--wi*low-i~ i gH)-+!-1H \.. d;~ k1Hj.7t-H'lWY ,\d,,1.'J~t5c, He '115-1Br-j}n"11{.>1ionaj.-pu1'f**ies-as t"'wrlfled . bchw,,-,\-i"T'-.t-her-u-se (H~;ndow-I'*--signs- i5--J*f'hi hi led~~i gn.--H1-her thRn-~.I1L'H}ti-!-K'{! ahffi't'antl--s1-fff-t iH klt'l-"iScS h a II-B"i}c rn 1[\1 H.'tt1-p'-pt aced ,-j7ftfkcd. H11aehni nH~"ja , ed--in--a 11) lHHit+\ i s;l"", 4*)tn a s~fe€-i---or pHl~-K::----2-f€-a. FR-rtH't-Cln\:;'-J-}t-;-~igll regH-l-a-l:~{)ns -ant.! ;'lli-de1iFle-s-s--!--laJ! be-eH-k)n,:cdmh~le Ci+)-'--Hsing----th-e i 11C t J H H:t-s--ap p 1- i ed--t::-il-y--w i dl'-~ --HS-PH-) V i (!l-'-{-i-~-'----Inc a!-{.H'!-i-J'I a !lCCS;-----.::rh-e-C i t-y--n-tity . a !-st~t'--C 1 \0-[11: a j1iH1y-ltHhe--AlIl-e-+'t'HleF\+&R~iHJ\hC'H'{mtral't~I~11 agFio'€-HKItHO j!HTI'hk> a J lefl-Inl i:vt;' cn-1-{-H't'-CIl1Cnt---FFit'-L-'--hHn i snh-;- Temporary Promotional Displavs and Events Temporary promotional displays and cyents may be allowed tor up In (,O,I:1)-s each jY-'F dealership and al1-HcJt!-i\-iona!301,1Q. to 120 days each cal~1dar year~ -h)rpHHl1olionat-dPit,h1\S i+!,nhing-it!-J-orthedeHI€-2ihips. All such displays shall be subject to review and approval by the Zoning Administrator in accordance with a plan indicating the location, number and 6 types of temporary displays. Banners, flags, and other promotional material may be permitted subject to the fol1owing criteria: . Temporary displays shal1 be in keeping with the goals of providing an exciting, attractive and festive, but tasteful environ.ment for the sale of automobiles. . Joint or seasonal promotional activities involving al1 of the dealerships shall be encouraged. . No inflatable signs, including but not limited to balloons, shall be permitted. . No flashing signs shall be permitted. . No moving signs (except flags, banners, or pennants shall be permitted). . No flying signs, such as blimps or kites designed to be kept aloft by mechanical, wind, chemical, or hot air means, shal1 be permittcd. . No outline neon or similar tubing used to outline, il1uminate, or accentuate a building or other structure shal1 be permitted. . No signs which emit odor, noise, or visible matter other than light shal1 be permitted. . No ramps or other such devices to elevate and enhance the visibility of vehicles shall be permitted. Hours of Operation Thc how:,- of opcration/busincss hours shall bc limited to ():OO 3.m. to 11:00 a.l11. fhe hours ~. opcrationi'or collision repair j~lcilities shall bc limited to 7:00 a.m. to 7:00 p.m. Lighting The lighting program shal1 be designed to aUow evening lighting systems which clearly identify vehicles and al10w for their careful inspection but which minimize overall area brightness and eliminate direct glare. The aesthetics of the project will be enhanced by standardized pole heights, materials, fixtures and lighting styles. The brightest lighting is to be provided in limited areas. Feature display areas, including the display pads and front row display areas wil1 received the greatest level of il1umination. Secondary display areas behind the front row should have lower light levels to reduce the need for poles, and the overall brightness of the area. Security lighting in storage areas and other areas after business hours should provide a minimal 7 level of illumination. The tollowing outdoor lighting guidelines shall be implemented within the Auto Center: . All lighting tixtures shall be consistent with an established Auto Center Standard in style, appearance and function. The standard shall be established with the approval of the initial lighting plans. . Display lighting, wall or pole mounted, shall be 22 feet from grade to bottom of luminary. All fixtures should be level with each other, on level grade. Pole bases shall be mounted with anchor bolts to a round concrete pole base 30 inches high. A sheet metal cover shall protect the bolt plate. No direct burial poles are permitted. . The use of slant-lens type or up-tilting of the tixtures is prohibited. Drop lens shall not be permitted. Fixtures shall not emit any light above 180 degrees horizontal plane at the bottom of the tixture. . If necessary, side-beam or asymmetrical reflectors shall be used to direct light onto the sales lot. Main center beam candlepower shall be directed onto the sales lot in every instance. . Accessory lights, accent lights, string lights, tixtures at mid-pole locations, or any lighting fixture additions or modifications are prohibited. . Lighting levels in storage and service areas shall be substantially less than that in display areas. All luminaries and any fixtures visible from display lots or public areas shall match display lot fixtures. . The use of self-contained lights mounted inside the display lighting fixture is encouraged for all night security lighting. If separate security lighting luminaries are used, they shall be consistent with the Auto Center standard for location and appearance. Security lighting should be kept to the minimum amount possible and should not exceed 5' footcandles at any location. . Automatic time controls shall be inst,,31 I ed for all non-security lighting systems. All such systems shall be turned offby I :,q:OO [lp.m. or earlier. . Proposed lighting plans shall be included with the site plan submittal indicating compliance with these guidelines and demonstrating: lighting design layout, exact fixture/pole locations, wattage for each fixture, computer generated pI. X pI. footcandle printout indicating both vertical and horizontal lighting levels. The Design Review Committee staff may retain, at the applicant's expense, an independent lighting consultant to insure compliance with these guidelines and standards. !... Car washil1~ shall 0111\ be allo\\cd at an]JrlJ\Td earwashJl\"ijilies. Camash IClCilitics shilll il1c1udc.l\ater ITc\clin~. and runoiT'pollulion prC\Cl11iOI1 features. 8 Environmental and Performance Standards and Requirements The. Chula Vista Auto Center shall comply with all applicable City pertormance standards as well as with the specific measures itemized in the Mitigation and Monitoring Program for EIR91-01 - (Sch#910610074), the provisions of which are incorporated hercin by reference. Furthermore. the Auto Ccntcr shall comply with the following with respect to noise and test drives: . Outdoor sound systems for music and/or for paging are prohibited. . Each auto dealer shall provide a map to all sales and service employees which designates arcas for test driving. This map shall clearly indicate that test driving in residential areas is strictly prohibited. This map shall be approved by the Director of Planning and City Engineer prior to the issuance of any building permit for an auto dealership facility. . Access and public parking shall be provideci..\ for the proposed Otay Valley Regional Park at the southernmost terminus of Brandywine Road. Approvals No building, exterior signs or structures shall be erected, or exterior structural alterations or additions made on any site except pursuant to plans and specification approved by the City oC rhula Vi,t<l-rtft)ointcd. Auto -(\:n\cl'-A+,,11itccturcd Reo, ie\o, CommiH<,€. The approval shall encompass landscaping and architecture as controlled by these and other applicable guidelines and standards. ,""pproval- bv .theAR'-hitc't'-fHrcd Rc\ ie'.'. C"'HHm+fe€-\\ill--he required prior to TO, Ie"" CI+KI--aI"t)HJ\al. by the City oC('lmht-V~ (cUyautc.C1l) 9 :1': I' " I" \1 ~ I ~~ . . I ' I : I I 11 . I 1 .. j. : , ",'. ~::-: 'OW :::r - - .1.. .HIMAO"Y". =::, ' .,~ ~ ~l;(- ! I , I , .! I I ' : I I Or o " : ;1 , " , ! il I ! I I I i I I , , , . I I I I I I . I , I , I I I I , '- I I I I I j I . I I I I i . . \ \ I I " . I . ~ " " I' . " " . " " " " " " " I' II' . " " " . I' I' I. " I' " 'I' " I I' . I: I. Ii II .. I'" . .I!. . I. Ii . II . .1. . I. II I' I' 11 !! If . ~ f , .. f I \ - Co. -~~ I I I Ii I ,. .. I o. I I . , - .I - r " I' J \ ./ \ ~.:~ .. - .\ 4-3D . rt c: .. a: .. ~:: c:;'" ~i 0." ~~ -< .. ." .'t~ _ ~i > ~- .. . ~ c- ..;J .-" :::> ~~ :r: ... ud '. .\ .~ .. . (.., Exhibit B CITY OF CHULA VISTA AUTO PARK NORTH SPECIFIC PLAN (PCM-02-04) Adopted by: City of Chula Vista City Council and Redewlol1mCnl j\~cncY Council Ordinance '\0. Adoption Date: June 2003 Ord. #: Amendment Date: Ord.#: Auto Park North Specific Plan (PCM-02-04) TABLE OF CONTENTS I. Introduction A. Purpose B. Statutory Authority C. Relationship to Other Plans and Policies D. Specific Plan Objectives E. Site Location F. Surrounding Uses G. Site Characteristics H. Issues and Opportunities L Development Concept Page I Page I Page I Page I Page I Page 2 Page 2 Page 2 Page 2 Page 3 Page 4 Page 4 Page 5 Page 6 Page 6 Page 7 Page 7 Page 7 Page 7 Page 7 Page 7 Page 7 Page 7 Page 8 Page 8 Page 8 Page 8 Page 9 Page 9 Page 9 Page 9 Page 9 Page 9 Page 9 Page 10 Page 10 Page 10 Page 10 Page 10 Page II Page II Page 12 Page 12 Page 12 II. Land Use Regulations A. Land Use Distribution B. Pennitted Uses C. Prohibited Uses D. Outdoor Uses Prohibited - Exceptions III. Development Standards A. Lot Configuration B. Lot Coverage/Floor Area C. Height D. Building Setbacks E. Parking F. Landscaping G. Signs IV. Design Guidelines V. Performance Standards and Conditions A. Hours of Operation B. Promotional Displays and Events C. Deliveries and Loading/Unloading D. Outdoor Speakers and Pagers E. Test Driving F. Carwash Facilities G. Facility Maintenance H. Rideshare Incentives L Lighting VI. Infrastructure and Services A. Water B. Wastewater C. Stann Water and Drainage D. Solid Waste and Recycling E. Energy F. Streets and Circulation VIT. Implementation VITI. Environmental Review IX. Amendments to the Specific Plan Page 2 of -t-_~ 15 Auto Park Nor1h Specific Plan (PCM-02-04) X. Auto Dealer Association XI. Enforcement Page 12 Page 13 Page 3 of ! -'Ii I. INTRODUCTION A. Purpose The Auto Park North Specific Plan, ("Project"), is a policy and regulatory tool that will guide the development of the Project site using a locused development scheme. It provides a bridge between the broad policies of the General Plan and the detailed development objectives tor the site. This Specific Plan supercedes the applicable zoning provisions tor the site by establishing land use and development regulations that are specifically adapted to the proposed development of the Project site. The provisions of this Specific Plan are intended to be responsive to constraints and opportunities on the site and the objectives of the Project while implementing adopted policy. The Auto Park North Specitic Plan has been prepared to plan and implement the n011herly expansion ofthe ChuJa Vista Auto Park, ("Auto Park"), on Main Street in the City ofChula Vista. The guiding rationale behind this Specific Plan is to ensure the orderly and viable development ofthe Project site and the implementation of the policies ofthe General Plan and the Otay Valley Road Redevelopment Project Area. The comprehensive and coordinated development of the northerly expansion of the Auto Park will benefit the City and the Otay Valley Road Redevelopment Project Area by removing blight and facilitating new development that will expand commercial opportunities and the employment base. B. Statutory Authority The Auto Park North Specific Plan is adopted by ordinance in accordance with Chapter 19.07, Specific Plans, of Title 19, Zoning, of the Chula Vista Municipal Code and Sections 65450-65457 of the California Government Code. Chapter 19.07 adopts and incorporates the Govemment Code Sections 65450-65457 by reference as though set forth in full. C. Relationship to Other Plans and Policies The Auto Park North Specific Plan implements the broad policies of the General Plan and the Redevelopment Plan tor the Otay Valley Road Redevelopment Project Area by establishing permitted land uses, development standards, design guidelines, and entitlement processes for the expansion of the Chula Vista Auto Park. This Specific Plan supersedes the zone regulations for the Project site. Where in conflict with the Zoning Ordinance, this Specific Plan shall apply; and where this Specific Plan does not address a topic, the Zoning Ordinance and other applicable policies and regulations shall apply. D. Specific Plan Objectives The primary objectives of the Auto Park North Specific Plan are: I. The expansion of the existing auto park to create a regional destination automobile sales and service park with supporting uses. 2. A distinct identity for the Auto Park and a thematic link to other attractions in the Otay VaJley through the Main Street Streetscape Master Plan. 3. The comprehensive and coordinated development, operation, and maintenance of the Project site. Auto Park North Specific P}an (PCM~01-()4) 4. An improved image of the Main Street corridor and adjacent land uses. 5. The provision of all necessary infrastructure, services, and facilities at the time of need. E. Site Location The Auto Park North Specitic Plan site is located along Main Street within the City ofChula Vista, approximately one half mile east ofInterstate 805. The Project site consists of approximately 38.81 acres on the north side of Main Street to the east of Brandywine Avenue and to the west of Maxwell Road. F. Surronnding Uses Immediately adjacent land uses include single-family residences to the north, light industrial uses to the east and west (including the City's Public Works Center to the east), and the site for the proposed easterly expansion of the Auto Park on the south side of Main Street (Auto Park East Specific Plan). The existing Auto Park is located to the southwest of the Project site along the south side of Main Street. The Otay Valley Regional Park is located to the south of the existing Auto Park and the proposed easterly expansion of the Auto Park. The Otay LandfiU is located to the northeast of the Project site. G. Site Characteristics The Project site includes approximately 38.81 acres on the north side of Main Street and is approximately 1,284 feet deep with 1,323 feet of frontage along Main Street. The site was previously subdivided into 18 lots and is primarily undeveloped with the exception of partial street improvements (Delniso Court and Roma Court) and other infrastructure. The site has been rough graded and terraced by a previous property owner. There is an elevation difference of over I DO-feet between the frontage along Main Street and the northern boundary line. H. Issues and Opportunities The depth of the site and the elevation differences on the site could contribute to visibility and accessibility issues for certain types ofland uses on the rear portion of the site. In addition, the prime artcrial designation tor Main Street is a consideration tor suitable types of land use for the site. However, these same attributcs present opportunities for appropriate types ofland uses such as the proposed Auto Park North expansion. The Specific Plan addresses these and other issues and opportunities through land usc and development regulations. 1. Issues a. The depth of the site is a development consideration tor land uses that require or desire visibility and/or trontage along the primary street serving the site. b. The elevation differences on the site and the terraced building pads could pose an accessibility and visibility challenge for celiain types ofland uses. c. The adjacent residential uses to the north require consideration and could limit the desirable Page 2 of 13J2 Auto Park North Specific Plan (PCM-02-04) types of non-residential uses of the site. d. The previous uses of the site and current environmcntal conditions could limit the types of uses and improvcmcnts that could be allowed on portions of thc sitc. e. Main Street is designed as a prime arterial intended to move large volumes of traffic at relatively high speeds with minimal access. Adcquate access to the developed site would require signalized intersection(s) to allow safe access. f Key intersections and the Main Street corridor east of Interstate 805 lack identity and the cxisting streetscapes havc no unifying theme. 2. Opportunities a. The planned development of the site will provide for an appropriate use of the under-utilized property and further the redevelopment objectives of the Otay Valley Road Redevelopment Project Area. b. Comprehensive plmming and design will result in etIicient circulation, safe access, and the effective use of infrastructure and other improvements. c. There are adequate public facilities and services that now exist or that can be easily provided to serve thc site. d. The relative elevation difference between the site and the adjacent residential development to the north creates a natural and effective aesthetic, I ight, and noise buffer. e. Key intersections can be used to create urban focal points, and this segment of Main Street can be unified under one streetscape and landscape theme. f Close proximity to Interstate 805, the water park, the amphitheater, the river vaUey, and other potential land use attractions in the Otay Valley create the opportunity to develop a coordinated theme and image for the Main Street corridor. I. Development Concept The Chula Vista Auto Park is intended to be a regional automobile sales and service destination located within the Otay Valley Road Redevelopment Project Area. The existing 24-acre Auto Park was constructed in 1991-1995. The Auto Park North expansion will add approximately 39 acres, and the proposed Auto Park East expansion will add approximately 29 acres to the Auto Park tor a total of approximately 92 acres. There arc two development concepts for the Auto Park North Specific Plan: Option I consists of eleven parcels (Appendix A); Option 2 consists of seven parcels (Appendix B). Both options propose lots with frontage on Main Street that would be developed with new car dealerships. Lots to the interior of the site would be developed with supporting uses such as automotive services and inventory parking lots. Each of the lots may be developcd independently, in accordance with the Auto Park North Specific Plan. This Specitic Plan would al10w the construction of up to 130,000 square teet of dealership buildings. The floor area tor these buildings would vary depending on the development proposals submitted tor individual dealerships. These buildings would typical1y include showrooms, offices, service stations, and pmis departmcnts. This Specific Plan would also allow up to 93,450 square feet of floor area for supporting automotive uses. Page 3 of -I-:~ 15 Auto Park North Spcclfic Plan (PCM~02-04) II. LAND USE REGULATIONS A. Land Use Distribution The Auto Park North Specific Plan allows the development of new automobile sales dealerships and supporting uses. The distribution of permitted uses shall be consistent with eithcr Option I or Option 2 below. Option 1 -- --------------- Parcel Automobile Sales P Automobile Inventory Parking ---..------------------- ---------- Supporting Services I 2 3 4 --______00____- ____00__ 5 6 7 8 9 10 --- -------- II ------______00 P - -- ----------------------------------------- P P P P P P P ----- ------------ P P P P --------------- Option 2 ---------- ---- - ------------------ -- ------- Parcel Automobile Sales ----------- P Automobile Inventory .}>a.l'kiI1Lm_ Supporting Services - -------------------- --------------- I 2 3 4 ------------------ 5 6 -- ------------ 7 P - ---------~------------- -------- P P ------------------- P - ----- ------------- P P ----------------------- ---- - - ------------------1 P P ------------- ----------- -- - ------------- Page 4 ofl 315 Auto Park North Specific Plan (PCM-02-04) B. Permitted Uses The following are the uses pennitted within the Auto Park North Specific Plan: I. Automobile Sales. Automobile, as used in this Specific Plan, shal1 mean passenger cars, light trucks, and motorcycles. a. Retail sales, leasing, and display of new automobiles; b. Fleet sales and wholesaling of new automobiles when incidental to on-site retail sales of new automobiles; c. Retail sales, leasing, and display of used automobiles when incidental to on-site retail sales of new automobiles and not exceeding 50 percent of total inventory; d. Automobile rentals when incidental to on-site retail sales of new automobiles; e. Automobile inventory parking when incidental to on-site retail sales of new automobiles; f Automobile service, maintenance, and repair when incidental to on-site retail sales of new automobiles. 2. Automobile Inventory Parking 3. Supporting Services a. After Market Automobile Accessories Sales, Installation, and Service b. A TV Retail Sales and Service c. Auto Glass Repair and Auto Glass Tinting d. Auto Parts Sales e. Auto Tuning f. Auto Upholstery g. Automobile Audio and Video Display Sales, Instal1ation, and Service h. Automobile Detailing L Automobile Finance and Leasing Oflice J. Automobile Parts and Inventory Warehousing k. Car Rental L Car Washing m. Col1ision Repair n. Custom Wheels! After Market Specialty Wheels o. Lube Service p. Motorcycle Retail Sales and Service q. Muffler Repair r. Office s. Restaurant / Deli t. RV Sales, Parts, and Service Page 5 of H 15 Au~o Park North Specific Plan (PC\1-02-04) u. Tire Sales, Installation, and Service v. Transmission Repair w. Truck Rental and Trailer Rental x. Used Car Sales / Specialty Used Car Sales \ . \ 1 i 11 or . \ ut011.1'2hj.LcJ~cn'di1: 7.u~I,UQL",JgDlllobilc Rcpair 4. Accessory Uses and Structures Accessory uses and structures that are customarily appurtenant to the above permitted uses, provided that such uses and structures are screened from public view or incorporated into the architecture and design of this Specific Plan and subsequent development plans. C. Prohibited Uses Any use not expressly pennitted by this Specific Plan is prohibited. D. Outdoor Uses Prohibited - Exceptions Outdoor uses and storage are prohibited, and all permitted uses shall be conducted within completely enclosed buildings, except tor the following: L Automobile display. 2. Automobile inventory parking. 3. Parking and loading facilities. 4. Dining Page 6 of L_ 1:5. Auto Park N0I1h Specific Plan (PCM-02-04) III. DEVELOPMENT STANDARDS A. Lot Configuration Lot configuration shall substantially conform to either Option I or Option 2. B. Lot Coverage/Floor Area The maximum lot coverage shall not exceed 50 percent The total Boor area for dealership buildings shall not exceed 130,000 square feet on the Project site. The total floor area for suppOliing use buildings shall not exceed 93,450 square feet on the Project site. C. Height The maximum height of buildings and other structures shall not exceed 45 feet, except a:c; pn)"idcd in the 7onittg-{#EHf\BHc'e for architectural features and other exceptions as prmidcd inthe Chula Vista Municipal Code. D. Building Setbacks I. Main Street Setback: 4G 30 feet 2. Internal Street Setback: 25 feet 3. Side and Rear Setbacks: ;24 10 feet E. Parking and Loadinl!: OtI-street parking and loading shall be provided pursuant to the provisions ofthe Zoning Ordinance. On-street parking shall be allowed, except along Main Street F. Landscaping A minimum of 15;24 percent of the Project site shall be landscaped. Lots shall be landscaped to a depth of at least! 0 feet along property lines, except for approved driveways, parking areas, display areas, loading areas, and other approved facilities. Landscape plans shall be consistent with the Design Guidelines (Section IV) and shall be submitted with the required development plans to the Design Review Committee for design review (Section VH). G. Signs In addition to the tollowing specitic requirements, the Municipal Code provisions regulating signs shall apply to signs within the Auto Park North Specific Plan. I. A planned sign program shall be prepared for each parcel and shall be submitted with the required development plans to the Design Review Committee for design review (Section Page 7 of -j-:-~ 15 .Auto Park North Specilic Plan (PCM-02-04) VII). Planned sign programs shaU be consistent with the Design Guidelines (Section IV). J'lK' J)csi ~1:LI'i~~i~_~:,._C_~lJJ1r!lillCC shall CtH1siJcr_J1DJY._;!fchitcct ural cOJ11nati hi I it.:_'~ of the siun 8J}~1!:.!is'~'i.:_.,_;I!l~.J__Jl.~~!1-C0Jl11l111nicali\'l' aSl1t'cb ()CJb~m~i.i2.lls. such as 1ocation_._5izC. hciL:ht. orientation. liuhtini!. e~c~~_";Uld shall not consider 1he !2]:;!pl1jc dcsi!2!1 or mCSS3!2e"Q]11hc Si!211 bee. 2. .\11 planned siun proural11s shall incorporate b\ reli:rencc all_!lfthe prmisions oCthc Chula _Yiqa \lunicipal Code. ChaP1er 19.()(]._~igllL (~+t-e .1;n:; .:lmj.).Hn!y-hoe-j:>t'fHlittcd chrou;h iHl-t+P.~ ::I;n progffiHHha( has-hoecn approwd by-t-f1€ Lk::i;1: Re',ic'.'. COl11l11i,\€€--Htroogh dc:i;n rc'.;".... (ScctionVllh-Uff ::ice .:i;n prot,'-mms shalt-',e con::i.;1cnt ....ith the Pesign GHid din e:: (~: ce1fBn--lV-h ->. rhe (;,ilmBRg-.i;t;,; al'e-f'ffiffihi!ed-,-{'''cept-wh'''n-itf'J*'+~s-j!ftfH,r a prol11ot;oI1Hhk:pla:-- or €-W-ffi (Section \'.B.): 1LI'olc :;i;n::. &. Roof :;i;n,;. t-+'ainted ::i;n::. d.l\4€'i5a;e board.;. e~\4-arquee-sjg-Hs-; r. \\'indo'.'; ";ibn~;. ;.p()rtHB-I-e-sigH~- 1t+-ta~Ail1go animated, or mo',in; :;i;nS-{H'-sigHOi-tha!-~in"Bhttc mO'.Cl11enL ~anncr~;. i.-PennaHtSo kSj-fea~ LEalloon.:. _a. ttrRatah!es, 3. Si~ns within the California Department oCTransportation(.'Caltrans".) iurisdictiona! areas shall be subject to approyallw Caltrans. IV. DESIGN GUIDELINES The City of Chula Vista Design Manual and Landscape Manual and the Main Street Streetscape Master Plan sha]] apply to the Auto Park, including individual parcels. The landscape design of individual parcels shaU also be consistent with the approved landscape design ofthe existing Auto Park. Improvements and landscaping in the Main Street right-of-way and adjacent setbacks shall be consistent with the Main Street Streetscape Master Plan. V. PERFORMANCE STANDARDS AND CONDITIONS The performance standards of the Zoning Code shall apply to land uses in the Auto Park. In addition, the following standards and conditions of operation shall apply to land uses in the Auto Park. Page 8 of 1315 Auto Park North Specific Plan (PCM.02.04) A. Hours of Operation The hours of operation/business hours shall be limitcd to + jJ:OO a.m. tolO I ~:OO I',!.m. :OvlfmElay tJ'mH,gJ\-I-~ffia: ~lJ1d g:()() a.m. :0 I O:(JO p.m. S'llL.rl.by. Sunday. am] federal holidc::, :. The hours of operation for collision repair facilities shall be limited to 7:3 j)0 a.m. to 4]:00 p.m.. \, 10nl.b:. througfl HK.la-l'. B. Tcmporarv Promotional Displays and Events Tcmpor'!D-Promotional displays and events f-!tt8HBiJ~-signs list{'li-iH-""'€tKm--f!h~ may be allowed_-for each dealership up to W I ~(j days each calendar year. All such displ,!\~sh,!1l hc subject to the review and approvaI8f"J1lm~.; by the Zoning Administratorin accordance with a plan indicatinc the loeatiun. number and types of"temporan displa\ s. Banners. !lacs. and other promotional material may he permitted suhject to the it)l]o" inc criteria: . Temporary display s shall be in keepinc "ith the coals of PHnidinc an exeitinc. attracti\e and festiyc. hut tasteful cnyironment for the sale of automobiles. . ,oint or seasonal promotional aeti\ities il1lohinc all of" the dealcrships shall be cncoura!2ed. . '\0 inflatable sicns. includinc hut not limited to ballooi1'" shall be permitted. . \:0 llashin\2. ~i!!ns shan be nermitted. . '\0 moyinc sicns (except llacs. banners. or pennants shall be permitted L . '\0 flY-intI siens. such as blimps or kites desicned to be kept alon by mechanical. wind. chemical. or hot air means. shall be permitted. . '\0 outline neon or similar tubintI used to outline. illuminate. or accentuate a building or other structure shall be permitted. . '\0 sicns which emit odOl.._'l()ise. or \i:;ible matter othcrJhan lici]t shall he permitted. ~_'\!Lramps or other such cle\.iees to ele\.ate and enhance the yisibility of\.ehicles shall be permitted. C. Deliveries and LoadinglUnloading Deliveries and loading and unloading shall be prohibited in the public right-of-way. D. Outdoor Speakers and Pagers Page 9 of -1:\-.12 Auto Park 1\0]1h Srecific Plan (PCM~02~04) The use of outdoor speakers, intercoms, sound systems, and audible pagers shall be prohibited. E. Test Driving Each dealership shall submit a map designating areas for test driving to the Zoning Administrator for review and approval prior to occupancy. Test driving in residential areas shall be prohibited. F. Carwash Facilities Car washing within the Project area shall only be allowed at an approved carwash facility. Carwash facilities shaH include water recycling, and runompollution prevention features. G. Facility Maintenance Facilities, grounds, and appurtenant ot1~site improvements, including buildings, structures, signs, landscaping, irrigation, parking lots, streets, medians, parkways, slopes, and drainage systems shall be maintained as provided in the covenants, conditions, and restrictions (Section X). H. Rideshare Incentives Businesses shall provide employees with rideshare or alternative commuting incentives. Preferential parking shall be provided for carpools and vanpools. I. Lighting Lighting plans shall be submitted as part of the Design Review process for the development of individual lots. The lighting plans shall be consistent with the plan prepared by Spaulding Lighting, dated December 14,2002. Non-security lighting shall be turned offby HJ 12:00 p.m. Page 10 ofJ3-I5 Auto Park NOlih Specific Plan (pCM-02-04) VI. INFRASTRUCTURE AND SERVICES A. Water Development shall be consistent with the requirements of the Otay Water District and shall comply with the following water conservation measures: I) facilities shall be fitted with low flow water fixtures, dual flush toilets, waterless urinals, high-et1iciency dishwashers (in restaurants), air-cooled ice machines (in restaurants), conductivity meters (on cooling towers), and pre-rinse sprayers (in restaurants); 2) water et1icient landscaping shall be used, including native vegetation and drought tolerant plant materials; 3) water efficient irrigation systems shall be used, including evapotranspiration (ET) controllers, rain sensors, soil moisture measuring devices, low flow emitters, and drip irrigation; 4) carwash facilities shall be equipped with water-recycling features; 5) landscape plans shall comply with the City Landscape Manual, including the preparation of a water managcmcnt plan; 6) reclaimed water shall be used when fcasiblc; 7) all hot water pipes shall be insulated; 8) pressure reducing valves shall be installed at all meters; and 9) all individual tenants shaU be submetered. Other measures may be proposed pursuant to the City of Chula Vista Water Conservation Plan Guidelines. B. Wastewater Sewer service to the Project site would be provided by the City, which operatcs and maintains its own wastewater collection system, which connects to the City of San Diego Metropolitan Sewer System. A sewer study/analysis shall be prepared for all development within the Project Any necessary easements for the installation, operation, and maintenance of sewer facilities shall be provided. A sewage participation fee and other applicable sewer fees shall be paid at the time of connection to the public sewer. C. Storm Water and Drainage All development shall comply with the City of Chula Vista Storm Water Management Standards Requirements Manual and shall employ Best Management Practices (BMPs) to prevent pollution of the storm water conveyance systems, both during and atler construction. In addition, all development shall comply with the requirements of the National Pollution Discharge Elimination System (NPDES) Municipal Permit, including Standard Urban Storm Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria. A Storm Water Pollution Prevention Program (SWPPP) shall be implemented concurrently with the commencement of any grading activities in the Project area. D. Solid Waste and Recycling All development plans shall provide recycling and trash enclosures with sufficient capacity to provide for the separate collection oftrash, mixed paper, rigid container, and yard waste generated by each business with not more than tive weekly collection stops per material per week. Enclosures shall be sized pursuant to the Recycling and Solid Waste Plan Guide. A solid waste and recycling plan for each business shall be submitted to the Special Operations Manager for review and approval Page 11 of 13 ] :' Autu Park Nonh Speeil]e Plan (PCM-02-04) prior to construction. Automotive businesses may take part in the City sponsored State Certified Used Oil and Filter Drop Off Program. E. Energy Energy-efficient measures shall be incorporated into all dcvclopment plans pursuant to established building effIciency programs or a custom program using construction methods that cxceed California Title 24, Part 6, Energy Efficiency Standards by at least 10 percent F. Streets and Circulation Main Street is designated as a prime artcrial. The development of the Project site and appurtenant ofj:site facilities shall be consistent with the standards and specifications tor this roadway classification, unless otherwise moditied by discretionary action. Signalized intersections shall be provided at all Main Street intcrsections to allow for protected turning movements. Street alignments and intersections shall be considered and coordinated with the alignments and intersections of streets on the south side of Main Street Driveway access shall not be allowed along Main Street The numbers and locations of driveway approaches shall be minimized. Parallel on-street parking shall be allowed within the Project boundaries. Public transit improvements shall be integrated into the Project design as determined by the responsible transit agencies. These improvements may include, but are not limited to, bus turnouts, shelters, and benches. Pedestrian, bicycle, and other transportation modes shall be accommodated as appropriate or required within the public right-of-way and on individual Jots. All improvements shall meet ADA requirements for parking and accessibility. Page 12 of -1-,:1- 15 Auto Park ~orth Specific Plan (PCM-02-04) VII. IMPLEMENTATION A. The City's review of applications and plans shall be governed by the provisions ofthis Specific Plan, any existing or future agreements, the adopting ordinances and resolutions, and applicable federal, state, or local ordinances. B. Modifications to provisions of this Specific Plan may be made by the Zoning Administrator upon findings of substantial conformance with this Specitic Plan. If the Zoning Administrator is unable to make tindings of substantial conformance, then an amendment of this Specific Plan may be proposed (Section IX). C. Subsequent to the adoption of the Auto Park North Specific Plan and final map approvals, development plans for individual parcels shall be submitted to the Design Review Committee tor review and approval pursuant to the design rcview process ofthe Zoning Ordinance and prior to the issuance of permits for the parceL D. All required otI-site improvements, including, but not limited to landscaping, medians, parkways, streets, sidewalks, curbs and gutters, streetlights, traffic signals, signs, utilities, and other facilities, services, and infrastructure, shall be completed prior to issuance of final occupancy. E. All land divisions and consolidations, improvcment plans, grading plans, landscape plans, and building plans shall comply with local, state, and federal codes, regulations, standards, and guidelines; this Specific Plan; and any existing or future agreements. VIII. Environmental Review A Mitigated Negative Declaration (MND) has been prepared for the Auto Park North Specific Plan, pursuant to the California Environ.mental Act (CEQA), finding that the Project with mitigation will not create significant environmental impacts. This environmental document shall be considered adequate and no other environ.mental review shall be required for subsequent development plans, provided the plans are in conformance with the Auto Park North Specific Plan. The project revisions and/or mitigation measures contained in the Mitigation Monitoring and Reporting Program (MMRP) shall be implemented by the Project and, where in conflict with the provisions of the Specific Plan or other applicable policies, the MMRP shall apply. IX. Amendments to the Specific Plan The Auto Park North Specific Plan may be amended pursuant to applicable state and local laws, codes, and regulations. X. Auto Dealer Association An auto dealer association shall be established and maintained for the duration of the Project All auto dealerships and other business and property owners within the Auto Park North Specific Plan shall be required to maintain membership at all times with the association. Articles of incorporation, by-laws, and covenants, conditions, and restrictions (CC&R's) shall be prepared and submitted to the Page 13 0[-+01]5 Auto Park North Specific P~an (PCM-02-04) Redevelopment Agency for review and approval and shall take effect prior 10 occupancy. The CC&R' s shall include provisions for the maintenance and operation of dealerships and all other land uses, including appurtenant rights-ot~way and oil~site facilities. These provisions shall include maintenance standards for buildings, structures, signs, landscaping, irrigation, parking lots, private streets, medians, parkways, slopes, drainage systems, and all other infrastructure. XI. Enforcement The provisions ofthe Auto Park North Specific Plan shall be entorced pursuant to the provisions tor enforcement contained in the Chula Vista Municipal Code. END OF SPECIFIC PLAN NEXT PAGE IS ADDENDUM Page 14 of k;-15 Auto Park North Specific Plan (PCM-02-04) ADDENDUM 2 Subsequent to the Planning Commission hearing, the applicant requested a revision to the Land Use Distribution tables (Option I and Option 2). The request is to amend the tables to permit supporting services on Lots 8 and 9 in Option I and Lots 4 and 5 in Option 2. Tn both options, the lots in question are adjacent and to the north of the two auto dealership lots that are east ofDelniso Court. In the applicant's conceptual plan, these lots to the rear of the dealership lots serve as automobile inventory parking. However, the applicant would like the option to allow supporting services to be developed on these lots. Although the potential distribution of supporting uses could change w1der the proposed revision, the overall intensity of the Project development would not exceed the limits set by the standards and provisions of the Specific Plan. Stafffinds that the proposed revision to the Specific Plan document would not affect the purpose and objectives of the Specific Plan. Moreover, the revision would merely allow greater flexibility tor future development in tem1S of the distribution of permitted uses on the Project site. All other applicable standards and provisions ofthe Specific Plan would apply, including those that regulate the ultimate intensity of the uses on site, such as lot coverage and floor area limits. Page 15 of 13-J.1 ~ ~~ ~<: ::s;:~ ~a:: sa: o~ :J ~ ...:...., .. ~~ ~~ ~~ ~i! ;!~ ",-,"'" .,. ""'''"' ..;.. " ~!! <I" .. ~H~ ~i , , ~" iiij !i' ........ oo<=>.., , , " . " . ~ ~ ....k ;:::;: ~""~I: .a<<'1 ~~d... II "" :!J ~ ~_ :~ ~~~~ O. 55QQQ~ Q) h .. ~ 0) tlf .. ~ _0 ~~ ~..'- ~t ~ . II ..jrt:.O "C '"i.i::!'" -J ~~ f~~~ -J hf~~~ o &. "". '" - · &". "" ~ - t.. ""<. ]I - ' ~- I' 0 ~~~~.. ';;;~... ~. ~ o;~ r. 0 ~r . -..J .sj tA~~ -J ~i t~~~ """" .. ~~ R~ g~ .. ~~ 00:";- <;;~ ,"""", 01"" .. . it, ~g ~~. ~~ ""t ~7 :I <0 I I ...., ~ ~ ~ J;;!*t 8 ~ oj c:: :fI;::: i'i_Oii 1:):;;~ ~=~ Q:J ""i~ -g~d~ ~ ~~ ~~:JI ('J I-t.. ~ ! It) I-t.. '" !' J2! !~~.n~ ~~::. o i.r 0 ~i ~ -J Ji g8~~ -J ~i '~3~ .!! ~ - ~ .~ - I-t. .. j t'\I 1-. ~ 5' s - ~l "'- 0: .f.lo ~t f'l a..: -J 8~ fd~2 -J !:ii8~~ J I"'" ~:!I ~~ ~~ ~""'!;I<:I ...... ~~d;: , , g~ ~ ~~ I ori...."'<:>Q~ ----- -;i':l';i"j ';i *~~!! ~'~~fJ 112~~I~~ .!l gIn; g 8 o ~~~ :8 ~ rJ!~~~:e iJ~~. t o ~~~.t ~ d::;'U- .L~ ~ :;0; ~!I "0; .;~ o -, I g ~ ~~ a~" ~:: ~::::;iri ez ~~ ~i '" 1-1 1 b 01::' -~ . o ;_ . r~. -J H 18~~ 1~ .,.. a- I "4;1 Q)' I '~ I \ I I.~ I: I co Httttttt9 ~ :::e : - '~!~ I ~~II ,1:- I II 1'1 Ii I : I: i ! i I ---- ~ ! a: i ~ ~! ~ S1f ~ ~I .J 1I!!5 ~ 0 o ~~~ Z 31 ~ .5 r j W J: ~ I I CITY OF CHULA VISTA AUTO PARK EAST SPECIFIC PLAN (PCM-02-10) Adopted by: City of Chula Vista City Council and Redevelopment Agency Adoption Date: Amended on: Exhibit C TABLE OF CONTENTS 1. INTRODUCTION A. Purpose B. Statutory Authority C. Relationship to Other Plans and Policies D. Specific Plan Objectives E. Site Location F. Surrounding Uses G. Site Characteristics H. Issues and Opportunities 1. Development Concept PAGE I Page I Page I Page I Page I Page 2 Page 2 Page 2 Page 2 Page 3 II. LAND USE REGULATIONS A. Permitted Land Uses and Distribution B. Prohibited Uses C. Outdoor Uses Prohibited - Exceptions PAGE 4 Page 4 Page 5 Page 5 111. DEVELOPMENT STANDARDS A. Lot Configuration B. Lot Coverage/Floor Area C. Height D. Building Setbacks E. Parking F. Landscaping G. Signs H. Walls/Fences I. Trail Easement PAGE 6 Page 6 Page 6 Page 6 Page 6 Page 6 Page 6 Page 7 Page 7 Page 7 IV. DESIGN GUIDELINES PAGE 8 V. PERFORMANCE STANDARDS AND CONDITIONS A. Hours of Operation B. Promotional Displays and Events C. Outdoor Speakers and Pagers D. Carwash Facilities E. Facility Maintenance F. Rideshare Incentives G. Lighting PAGE 8 Page 8 Page 8 Page 8 Page 8 Page 8 Page 8 Page 9 VI. INFRASTRUCTURE AND SERVICES A. Water B. Wastewater C. Stann Water and Drainage D. Solid Waste and Recycling E. Energy F. Streets and Circulation PAGE 10 Page 10 Page 10 Page 10 Page 10 Page 10 Page 11 VII. IMPLEMENTATION PAGE 12 VIII. ENVIRONMENTAL REVIEW PAGE 13 IX. AMENDMENTS TO THE SPECIFIC PLAN PAGE 13 X. AUTO DEALER ASSOCIATION PAGE 13 XL ENFORCEMENT PAGE 13 Auto Park East Specific Plan (PCM-02-IO) I. INTRODUCTION A. Purpose The Auto Park East Specific Plan, ("Project"), is a policy and regulatory tool that will guide the development of the Project site using a focused development scheme. It provides a bridge between the broad policies of the General Plan and the detailed development objectives for the site. This Specific Plan supercedes the applicable zoning provisions tor the site by establishing land use and development regulations that are specifically adapted to the proposed development of the Project site. The provisions of this Specific Plan are intended to be responsive to constraints and opportunities on the site and the objectives of the Project while implementing adopted policy. The Auto Park East Specitic Plan has been prepared to plan and implement the easterly expansion of the Chula Vista Auto Park, ("Auto Park"), on Main Street in the City of Chula Vista. The guiding rationale behind this Specitic Plan is to ensure the orderly and viable development of the Project site and the implementation of the policies of the General Plan and the Otay Valley Road Redevelopment Project Area. The comprehensive and coordinated development of the easterly expansion of the Auto Park will benefit the City and the Otay Valley Road Redevelopment Project Area by removing blight and facilitating new development that will expand commercial opportunities and the employment base. B. Statutory Authority The Auto Park East Specific Plan is adopted by ordinance in accordance with Chapter 19.07, Specific Plans, of Title 19, Zoning, of the Chula Vista Municipal Code and Sections 65450-65457 of the California Government Code. Chapter 19.07 adopts and incorporates the Government Code Sections 65450-65457 by reference as though set forth in fulL C. Relationship to Other Plans and Policies The Auto Park East Specitic Plan implements the broad policies of the General Plan and the Redevelopment Plan for the Otay Valley Road Redevelopment Project Area by establishing permitted land uses, development standards, design guidelines, and entitlement processes for the expansion of the Chula Vista Auto Park. This Specific Plan supersedes the zone regulations for the Project site. Where in cont1ict with the Chula Vista Municipal Code, this Specific Plan shall apply; and where this Specific Plan does not address a topic, the Chula Vista Municipal Code and other applicable policies and regulations shall apply. D. Specific Plan Objectives The primary objectives of the Auto Park East Specific Plan are: I. The expansion of the existing Auto Park to create a regional destination automobile sales and service park with supporting uses. 2. A distinct identity for the Auto Park and a thematic link to other attractions in the Otay Page 1 of 13 Auto Park East Specific Plan (PCM-02-1 0) Val1ey through the Main Street Streetscape Master Plan. 3. The comprehensive and coordinated development, operation, and maintenance ofthe Project site. 4. An improved image of the Main Street corridor and adjacent land uses. 5. The provision of al1 necessary infrastructure, services, and facilities at the time of need. E. Site Location The Auto Park East Specific Plan site is located along Main Street within the City of Chula Vista, approximately one half mile east of Interstate 805. The Project site consists of approximately 31 acres on the south side of Main Street to the east of Brandywine A venue and to the west of Maxwell Road. F. Surrounding Uses Immediately adjacent land uses include the existing Auto Park to the west, the Auto Park North expansion site and industrial parks to the north (across Main Street), and the Otay Val1ey Regional Park and Otay River to the south and east. Miscel1aneous industrial and commercial uses are located along the Main Street corridor along with open space related to the Otay River Val1ey. The Otay Landfill is located to the northeast of the Project site; the Coors Amphitheater and Knott's Soak City are located to the east. G. Site Characteristics The Project site includes approximately 31 acres on the south side of Main Street with approximately 2,910 feet offrontage along Main Street and a maximum depth of approximately 600 feet. The site was previously developed and used for agricultural purposes and also included the former City Animal Shelter, which was demolished in 2002. The site has been stocked with imported fil1 under an uncontrol1ed embankment permit. H. Issues and Opportunities The relative shal10w depth of the site and its extensive frontage along a Prime Arterial Street could result in design and access issues for future development. The prime arterial designation for Main Street presents the need to careful1y consider suitable types ofland use for the site. However, these same attributes present opportunities for appropriate types of land uses such as the proposed Auto Park East expansion. The Specific Plan addresses these and other issues and opportunities through land use, development regulations, and design standards. 1. Issues a. The relatively shal10w depth ofthe site is a development consideration and a potential design constraint. b. The adjacency of the site to the Otay Val1ey Regional Park and habitat could affect the types of appropriate uses and operations that could be al10wed on portions of the site. Page 2 of 13 Auto Park East Specific Plan (PCM-02-1 0) c. Main Street is designed as a prime arterial intended to move large volumes of traf1ic at relatively high speeds with minimal access. d. Key intersections and the Main Street corridor east of Interstate 805 lack identity and the existing streetscapes have no unifying theme. 2. Opportunities a. The plan.ned development ofthe site will provide for an appropriate use of the under-utilized property and further the redevelopment objectives of the Otay Valley Road Redevelopment Project Area. b. Comprehensive planning and design will result in efficient circulation, safe access, and the cffective use of infrastructure and other improvements. c. There are adequate public facilities and services that now exist or that can be easily provided to serve the site. d. The relatively great distances between the site and the nearest residential developments serve as effective buffers of uses and activities on the site, including light and noise. e. Key intersections can be used to create focal points, and this segment of Main Street can be unified under one streetscape and landscape theme. f. Close proximity to Interstate 805, the water park, the amphitheater, the planned regional park, and other potential land use attractions in the Otay Valley create the opportunity to develop a coordinated theme and image tor the Main Street corridor. I. Development Concept The Chula Vista Auto Park is intended to be a regional automobile sales and service destination located within the Otay Valley Road Redevelopment Project Area. The existing 24-acre Auto Park was constructed in 1991-1995. The Auto Park North expansion was approved in June 2003 and will add approximately 39 acres to the Auto Park. The Auto Park East expansion will add approximately 31 acres to the Auto Park for a total of approximately 94 acres. The Auto Park East Specific Plan would allow new car dealerships on at least 75 percent of the site. Thc Specific Plan would allow the construction of at least 200,000 square feet of dealership buildings, not including parking structures. The floor area tor these buildings would vary depending on the development proposals submitted tor individual dealerships. These buildings would typically include showrooms, offices, service stations, and parts departments. Up to 25 percent of the site could be developed with supporting uses such as automotive repair and supply, service station, car wash, and restaurants. The development concept is illustrated in Exhibit "A." Page 3 of 13 Auto Park East Specific Plan (pCM-02-1 0) II. LAND USE REGULATIONS A. Permitted Land Uses and Distribution The Auto Park East Specitic Plan allows the development of new automobile sales dealerships and supporting uses. The tollowing are the uses permitted within the Auto Park East Specific Plan: I. Automobile Sales. Automobile, as uscd in this Spccific Plan, shall mean passenger cars, light trucks, and motorcycles. Automobile sales uses shall occupy at least 75 percent of the gross Project area and at least 60 percent of the Project frontage along Main Street a. Retail sales, leasing, and display of new automobiles; b. Fleet sales and wholesaling of new automobiles when incidental to on-site retail sales of new automobiles; c. Retail sales, leasing, and display of used automobiles when incidental to on-site retail sales of new automobiles and not exceeding 50 percent of total inventory; d. Automobile rentals when incidental to on-site retail sales or service of automobiles; e. Automobile inventory parking when incidental to on-site retail sales of automobiles; f Automobile service, maintenance, and repair (including body repair) when incidental to on-site retail sales of new automobiles. g. Ancillary customer services within dealership buildings, including but not limited to busincss centers and food services. 2. Automobile Inventory Parking (not an incidental use). Automobile Inventory Parking shall not occupy more than 25 percent of the gross Project area and no more than 40 percent of the Project frontage along Main Street 3. Supporting Uses (not an incidental use). Supporting uses shall not occupy more than 25 percent of the gross Project area and no more than 40 percent of the Project frontage along Main Street a. A TV Sales and Service b. Automobile Accessories Sales, Installation, and Service c. Automobile Glass Repair d. Automobile Glass Tinting e. Automobile Parts Sales f Automobile Upholstcry g. Automobile Audio and Video Sales, Installation, and Service h. Automobile Detailing I. Automobile Service Station, with or without convenience store Page 4 of 13 Auto Park Easl Specific Plan (PCM-02-1 0) J. Car Rental k. Car Washing L Auto Body Collision Repair m. Custom Wheels / After Market Specialty Wheels n. Office o. Restaurant / Deli p. RV Sales, Parts, and Service q. Tire Sales, Installation, and Service L Truck Rental and Trailer Rental 4. Accessory Uses and Structures. Accessory uses and structures that are appurtenant to the above permitted uses, provided that such uses and structures are screened from public view or incorporated into the architecture and design of this Specific Plan and subsequent development plans. B. Prohibited Uses Any use not expressly permitted by this Specific Plan or its amendments is prohibited. C. Outdoor Uses Prohibited - Exceptions Outdoor uses and storage are prohibited, and all permitted uses shall be conducted within completely enclosed buildings, except for the following: 1. Automobile display. 2. Automobile inventory parking. 3. Parking and loading facilities. 4. Dining. 5. Promotional displays and events pursuant to Section V.B. Page 5 of 13 Auto Park East Specific Plan (PCM-02-10) III. DEVELOPMENT STANDARDS A. Lot Configuration I. Lot Size (min.): 10,000 square feet 2. Lot Width (min.): lOa feet 3. Lot Depth (min.): 100 feet B. Lot Coverage/Floor Area The maximum lot coverage shall not exceed 50 percent The cumulative floor area for automobile sales uses shall not exceed 200,000-square feet or any square footage that would result in total average daily trips (ADT) in excess of I 0,000 in Project traffic generation, unless demonstrated that total ADT tor the Project site will not exceed 23,170. The cumulative floor area for supporting uses shall not exceed any square footage that would result in total ADT in excess of 13,170 in Project traffic generation. Parking structures shall not be counted towards the maximum floor area allowed on the Project site. C. Height The maximum height of buildings and other structures shall not exceed 45 feet, except tor architectural features and other exceptions as provided in the Chula Vista Municipal Code. D. Building Setbacks I. Main Street Setback: 30 feet 2. Southern Project Boundary Setback: 60 feet. a. Top of Slope Setback: 30 feet in addition to the required 60-foot setback. b. Top of Wall Setback: -0- feet 3. All Other Setbacks: 10 feet E. Parking and Loading On:street parking and loading shall be provided pursuant to the provisions of the Chula Vista Municipal Code. On-street parking sha1l be allowed, except along Main Street. F. Landscaping A minimum of 15 percent of the Project site shall be landscaped. Lots sha1l be landscaped to a depth of at least 10 feet along property lines, except for approved driveways, parking areas, display areas, Page 6 of 13 Auto Park East Specific Plan (PCM-02-IO) loading areas, and other approved facilities. Landscaping consisting of noninvasive and/or native plant materials, including trees, shrubs, and ground cover, shall be installed and maintained along the southern Project boundary on all manufactured slopes and walls. Landscape plans shall be consistent with the Design Guidelines (Section IV) and shall be submitted with the required development plans to the Design Review Committee for design review approval (Section VIr) and also to the Otay Valley Regional Park Citizens Advisory Committee for comment G. Signs In addition to the toll owing specific requirements, the Chula Vista Municipal Code provisions regulating signs shall apply to signs within the Auto Park East Specific Plan. 1. A planned sign program shall be prepared tor each parcel and shall be submitted with the required development plans to the Design Review Committee for design review (Section VII). Planned sign programs shall be consistent with the Design Guidelines (Section IV). The Design Review Committee shall consider only architectural compatibility of the sign structures, and non-communicative aspects of the signs, such as location, size, height, orientation, lighting, etc., and shall not consider the graphic design or message on the sign face. 2. All planned sign programs shall incorporate by reference all of the provisions of the Chula Vista Municipal Code, Chapter 19.60, Signs. 3. Signs within the California Department of Transportation ("Caltrans") jurisdictional areas shall be subject to approval by Caltrans. H. Walls/Fences Walls along the southern Project boundary shall be screened with barrier plantings and/or incorporate landscape planters or pockets that use noninvasive and/or native plant materials, including trees, shrubs, and ground covcr. A post and rail fence (per City Standard) shall be installed within the southern Project boundary. Other walls and fences may be permitted pursuant to the provisions of the Chula Vista Municipal Code. Wall and fence plans shall be consistent with the Design Guidelines (Section IV) and shall be submitted with the required development plans to the Design Review Committee for design review (Section VIr). I. Trail Easement A 15-foot wide trail easement shall be provided within the southerly Project boundary to allow for the potential construction, operation, and maintenance of a trail serving the Otay Valley Regional Park, unless an alternate location is identified to the satistaction of the Community Development Director. The easement shall be provided as an assignable irrevocable offer of dedication in favor of the City. Page 7 of 13 Auto Park East Specific Plan (PCM-02-10) IV. DESIGN GUIDELINES The City of Chula Vista Design Manual and Landscape Manual and the Main Street Streetscape Master Plan shall apply to the Auto Park, including individual parcels. The landscape design of individual parcels shall also be consistent with the approved landscape design of the existing Auto Park. Improvements and landscaping in the Main Street right-of-way and adjacent setbacks shall be consistent with the Main Street Streetscape Master Plan. V. PERFORMANCE STANDARDS AND CONDITIONS The perfonnance standards of the Chula Vista Municipal Code shall apply to land uses in the Auto Park. In addition, the following standards and conditions of operation shall apply to land uses in the Auto Park. A. Hours of Operation The hours of operation/business hours shall be limited to 6:00 a.m. to 12:00 a.m. The hours of operation tor collision repair facilities shall be limited to 7:00 a.m. to 7:00 p.m. B. Temporary Promotional Displays and Events Temporarv Promotional displays and events (-i.+!€ffitlins :i;n.; li.;tcB--tth""ait'H1-J-IJ-+;c3-cJ may be allowed..for each dealership up to 120 days each calendar year. ,\ll such displays shall be subject to tI'\<' review and approval of" plans by the Zoning Administrator in accordance \Iith a plan indicating the location. number and types of temporan displays. Banners. nags. and other prL1motionalmatcrial n1a\ be permitted subiect to the following criteria: !._ T emporarv displays shall be in keeping II ith tbc goals of prm.iding an exciting. attractive and festive. but tasteful el1\ironment It)]" the sale of" automobiles, . Joint or seasonal promotional activities il1\olling all of" the dealerships sball be l'llCOUraQccL . \io inllatable signs. including but not limited to balloons. shall be permitted. . :\'0 !lashing signs shall be permitted. ~9 1110Vinfl sit!l1S (except lla~s. banners. or P9nmll1ts shall be nermitted ). . )10 thing signs. such as blimps or kites designed to be kcpt aloft bv mechanical. wind. chemical. or hot air means. shall be permitted. . :\0 outline neon or simi]ar tubinQ used to outline. illuminate. or accentuate a building or other structure shall be permitted. Page 8 of 13 /\uto Park East Specific Plan (PCM-02-1 0) . ~~() si~n~~~11i~b en1iL(~h:!.,I~~.!JS,~i_~~~,(;_:.r_~:i~il~h;__1l1altCJ~)t]11:1' l11al1 licl1t shall be !1CrmillccL . \io ramps ('r other such dcviccs 10 elevate and cnhance II1~hsibilil\ ohchiclcs shall be pcrm i !tee!. C. Outdoor Speakers and Pagers The use of outdoor speakers, intercoms, sound systems, and audible pagers shall be prohibited. D. Carwash Facilities Car washing shall only be allowed at approved carwash facilities. Carwash facilities shall include water recycling, and runoff/pollution prevention features. E. Facility Maintenance Facilities, grounds, and appurtenant ot1~site improvements, including buildings, structures, signs, landscaping, irrigation, parking lots, streets, medians, parkways, slopes, and drainage systems shall be maintained as provided in the covenants, conditions, and restrictions (Section X). F. Rideshare Incentives Businesses shall provide employees with rideshare or alternative commuting incentives. Preferential parking shall be provided for carpools and vanpools. G. Lighting Lighting plans shall be consistent with the Mitigation Monitoring and Reporting Program, and include the use of minimal lighting levels, directed lighting, shielded fixtures, and low pole/standard heights. Non-security lighting shall be turned off by 12:00 a.m. Page 9 of 13 Auto Park East Specific Plan (PCM-02-IO) VI. INFRASTRUCTURE AND SERVICES A. Water A Water Conservation Plan (WCP) shall be prepared for each parcel prior to the issuance of building permits. B. Wastewater Sewer service to the Project site is provided by the City, which operates and maintains its own wastewater collection system, which connects to the City of San Diego Metropolitan Sewer System. A sewer study/analysis shall be prepared for all development within the Project. Any necessary easements tor the installation, operation, and maintenance of sewer facilities shall be provided. A sewage participation fee and other applicable sewer fees shall be paid at the time of connection to the public sewer. C. Storm Water and Drainage All development shall comply with the City of Chula Vista Storm Water Management Standards Requirements Manual and shall employ Best Management Practices (BMPs) to prevent pollution of the storm water conveyance systems, both during and after construction. In addition, all development shall comply with the requirements of the National Pollution Discharge Elimination System (NPDES) Municipal Permit, including Standard Urban Storm Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria. A Storm Water Pollution Prevention Program (SWPPP) shall be implemented concurrently with the commencement of any grading activities in the Project area. D. Solid Waste and Recycling All development plans shaU provide recycling and trash enclosures with sufficient capacity to provide for the separate collection oftrash, mixed paper, rigid container, and yard waste generated by each business with not more than five weekly collection stops per material per week. Enclosures shall be sized pursuant to the Recycling and Solid Waste Plan Gnide. A solid waste and recycling plan tor each business shall be submitted to the Special Operations Manager for review and approval prior to issuance of building pennit. Automotive businesses may take part in the City sponsored State Certified Used Oil and Filter Drop OffProgran1. E. Energy An Air Quality Improvement Plan (AQIP) shall be prepared for each parcel prior to the issuance of building permits. Page 10 of 13 Auto Park East Specific Plan (PCM-02~ I 0) F. Streets and Circulation Main Street is designated as a prime arterial. The development ofthe Project site and appurtenant off:site facilities shall be consistent with the standards and specifications for this roadway classitication, unless otherwise modified by appropriate action. Intersections at Main Street shall be fully signalized. Variations of this requirement, such as right-in- only and/or right-out-only intersections shall be subject to the approval ofthe City Engineer. Street alignments and intersections shall be considered and coordinated with the align.ments and intersections of streets on the north side of Main Street. Driveway access shall not be allowed along Main Street. The numbers and locations of driveway approaches shall be minimized and shared whenever feasible. Reciprocal access shall be provided between all parcels. Private streets and driveways with reciprocal access shall be allowed in addition to or in lieu of public streets, subject to approval of the City Engineer. Internal circulation and access shall be provided between the easterly terminus of Auto Park Drive and Maxwell Road at Main Street. On-street parking shall be allowed within the Project boundaries. Public transit improvements shall be integrated into the Project design as determined by the responsible transit agencies. These improvements may include, but are not limited to, bus turnouts, shelters, and benches. Pedestrian, bicycle, and other transportation modes shall be accommodated as appropriate or required within the public right-of-way and on individual lots. All improvements shall meet ADA requirements tor parking and accessibility. Page 11 of 13 Auto Park East Specific Plan (PCM-02-1 0) VII. IMPLEMENTATION A. Applications and Plans The City's review of applications and plans shall be governed by the provisions of this Specific Plan, any existing or future agreements, the adopting ordinances and resolutions, and applicable federal, state, and local ordinances. B. Modifications Modifications to provisions of this Specific Plan may be made by the Zoning Administrator upon findings of substantial conformance with this Specitic Plan. If the Zoning Administrator is unable to make findings of substantial contormance, then an amendment of this Specific Plan may be proposed (Section IX), C. Design Review Development plans for individual parcels shall be submitted to the Design Review Committee for review and approval pursuant to the design review process of the Chula Vista Municipal Code and prior to the issuance of building permits tor the parcel. D. Off-Site Improvements All required off-site improvements, including, but not limited to landscaping, medians, parkways, streets, sidewalks, curbs and gutters, streetlights, traffic signals, signs, utilities, and other facilities, services, and infrastructure, shall be completed prior to issuance of certificate of occupancy. E. Compliance All land divisions and consolidations, improvement plans, grading plans, landscape plans, and building plans shall comply with local, state, and federal codes, regulations, standards, and guidelines; this Specific Plan; and any existing or future agreements. F. Owner Participation Agreement A master Owner Participation Agreement (OPA) shall be required for the implementation of the Auto Park East Specific Plan. Page]2 of 13 Auto Park East Specific Plan (PCM-02-1 0) VIII. ENVIRONMENTAL REVIEW A Mitigated Negative Declaration (MND) has been prepared [or the Auto Park East Specific Plan, pursuant to the Calitornia Environmental Act (CEQA), finding that the Project with mitigation will not create significant environ.mental impacts. This environ.mental documcnt shall be considercd adequate and no other environmental review shall be required for subsequent development plans, provided the plans are in conformance with the Auto Park East Specific Plan. The project rcvisions and/or mitigation measures contained in the Mitigation Monitoring and Reporting Program (MMRP) shall be implemented by the Project and, where in conflict with the provisions ofthe Specific Plan or other applicable policies, the MMRP shall apply. IX. AMENDMENTS TO THE SPECIFIC PLAN The Auto Park East Specific Plan may be amended pursuant to applicable state and local laws, codes, and regulations. X. AUTO DEALER ASSOCIA nON An auto dealer association shall be established and maintained for the duration of the Project All auto dealerships within the Auto Park East Specific Plan shall be required to maintain membership at all times with the association. Articles of incorporation, by-laws, and covenants, conditions, and restrictions (CC&R' s) shall be prepared and submitted to the Redevelopment Agency for review and approval and shall take etTect prior to occupancy. The CC&R's shall include provisions for the maintenance and operation of dealerships and all other land uses, including appurtenant rights-of-way and off-site facilities. These provisions shall include maintenance standards for buildings, structures, signs, landscaping, irrigation, parking lots, private streets, medians, parkways, slopes, drainage systems, and all other infrastructure. XI. ENFORCEMENT The provisions of the Auto Park East Specific Plan shall be enforced pursuant to the provisions for enforcement contained in the Chula Vista Municipal Code. Page 13 of 13 EXHIBIT A OF SPECIFIC PLAN PCM-02-10 -z- ; <: ::,; :-, ~ =~ " " ui ~ '0 ~ >1 i' / I ~ ------- .uIm I'Q :um ...-iftI:I.. I I I J~W '....-..+1 II t I l !~ ______ ' I <~~--.J . .~~ 7 i , . I . / i Ii i.. I . , I / I l / , , , \ , , I , , I ~ i! i i , , . j I : I } '\ , It ~' ! , ; j , , I 1// I i~ I I I 'n '0 -, <..'> ~~ ., '", ~ ,., ^ ~~ \"::& ~G ,. "-. ~ ~ I ~ I i;j~ ;~I' ~, ,~: "'- ~ "'! I ~! I : II , I , , Ii ; ~ : I I ~ ! ~I , 5 I ~____ --- ~ --- - ;! ~~ .1 I ~H; . 1'1 '_"JQ ."13 ~ 's -. ,,~ ., i I t,f .,,, '" ,,~ ~~ "~ ., lr;~ ~-...~~ <': ~ ~ ~ <:::( ~ ~ .... Ge~~ ~ ~ ~ lu II ~ e '< ~ " -<" ' . ~ 8 h.. I. ~ ~- f.-.. ~ t.:> ~ kJ~~~ ~~U V) ~, , , ~ ,.... , l- e/} < UJ ~ a: < c.. ~ O>-~ I-UJIL ;jUJ- <~:c! "'u < 1-;1;< 52::i!t; >;;> c:(~:s --' ::> ;j :x: :J: U <.> UJ a: ;j I- ;j U- . II . " ; I : I " . '! Co : 'I ~ : I . " " : II Co " " - I Q , ~ .... '" ~ " " V> " " ~ -z- '" .~ ~ au t>.::u :;" :J ..~~( II , ~ ' ~ ~j l \\ b JIU) Jr'''\\ ~I 'B:OWr" \ \ s, \\ \'. ~k ~: ~;:;;, ~~. . co " ~.- ~ ,.111 c'.. ~ ~ ~ ~ ~ ',' - ~ " c . '1 " $2 _ ~! ",'. ,:.1 . >t." :.J ~ ," ~ { ~ ;:'; ::i ;:- ~ ~' ~ " - k 'c,~. '''.'0 .~~,. ....:0. '''''''.' ',...." _~.., 'o]~. PLANNING COMMISSION AGENDA STATEMENT Item: Meeting Date: lO/?<;/01i 1 ITEM TITLE: PUBLIC HEARING: PCZ-06-04, Zone Change for 3.6 acres of a 5.5-acre site tTom S90 Zone to Central Commercial Precise Plan (CC-P) Zone and Precise Plan ModifYing Standards for a 5.5-acre site located at 912-944 Third Avenue (Douglas Wilson Companies). RESOLUTION: Recommending that the City Council introduce an ordinance adopting Zone Change (PCZ-06-04) and approve the Precise Plan ModifYing Standards. On November I, 2005, Douglas Wilson Companies (Applicant) filed applications requesting a zone change, lot consolidation, conditional use, and design review for development of a mixed-use residential project on a vacant 5.5-acre site located at 912-944 Third Avenue. The project proposes construction of 167 multi-family residential units and 3,793 square feet of commercial/retail space. State law (Government Code 65854-65861) establishes the process for adopting zone changes of property and requires that the Planning Commission hold a public hearing on proposed rezoning actions and provide a written recommendation to the City Council. The Environmental Review Coordinator reviewed the proposed project for compliance with the California Environmental Quality Act and prepared an Initial Study, IS-06-008, in accordance with the California Environmental Quality Act (CEQA). Based upon results of the Initial Study, the Environmental Review Coordinator determined that the project could result in effects on the environment. However, revisions to the project made by, or agreed to, by the applicant would avoid the effects, or mitigate the effects, to a point where clearly no significant effects would occur. Therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-06-008. RECOMMENDATION: That the Planning Commission adopt Resolution No. PCZ-06-04 recommending that the City Council introduce an ordinance adopting Zone Change (PCZ-06-04) and approve the Precise Plan Modifying Standards. DISCUSSION: 1. Site Location and Surrounding Uses The subject property is located on the west side of Third Avenue, between L and Moss Streets (see Attachment I). The 5.5-acre project site consists of four vacant and contiguous parcels. The site has approximately 400 feet of frontage along Third Avenue with varying depths of280 feet to a maximum depth of approximately 515 feet to the west. Elevations on the site range from approximately 110 feet Page 2, Item: Meeting Date: 1 Of? ~/Oh along the eastern boundary along Third A venue to approximately 80 feet along the bottom of the drainage channel at the western boundary of the site (see Attachment 2). The project site is located in an urbanized area of the city and is within the "Added Area" of the Amended and Restated Redevelopment Plan (2004) and the South Third Avenue District of the Southwest Area Plan of the City's 2005 General Plan (see Attachment 3). The existing General Plan land use designation is Mixed Use Residential (MUR). Approximately 1.9 acres of the site is currently zoned Central Commercial-Precise Plan (CC-P) with the remaining 3.6 acres zoned S90 (Holding Zone). The S90 zone is an old San Diego County zone carried over when the Montgomery area was annexed from the County to the City of Chula Vista in 1986. The S90 zone was intended as a "holding" zone with the expectation that it would be replaced as parcels were planned and developed with urban uses pursuant to the Montgomery Specific Plan. The Montgomery Specific Plan (1986) was repealed in 2005 with the adoption of the 2005 General Plan. As noted above, the 2005 General Pan designates the site for mixed use residential. The site previously contained several small businesses including some which operated without a business license. The area along the drainage channel has historically been an area littered with inoperable vehicles, trash and debris, and occupied by members of the homeless community. Over the last few years, significant clean up of the site has occurred, including removal of previous dilapidated structures and debris. Land uses adjacent to the project site include commercial uses (automobile parts store and gas station) to the north, the San Diego Country Club/Golf Course across Third Avenue to the east, a: medical hospital (Bayview Hospital and Mental Health Systems) to the south, high density residential to the southwest, and a school, church, and residential uses to the west 2. Project Description The proposed project consists of a mixed-use residential development. The 167 multi-family residential units will be "for sale" housing and 3,793 square-feet of commercial/retail space will be on the ground floor of the structure located along Third A venue. Nineteen of the 167 residential condominiums will be three-story town homes with attached garages located along the south and southwest portion of the site; 60 of the units will be single-level flats located in a four-story structure; and the remaining 88 units will be two-story town homes stacked over a split-level podium structure. Pursuant to the City's affordable housing policy, approximately 17 units wi]] be available as affordable for sale units. The podium structure will include one and one half levels of parking for 299 cars with the remaining 28 parking spaces provided in surface lots. The approximately 3,800 square feet of retail space will be located at the ground level of the podium structure at the northeast comer of the property. The commercial and residential components of the project have been designed to complement each other and have been integrated into the podium structure which fronts on Third Avenue. The proposed project will also include landscaping, perimeter and retaining walls, open space areas and trails, paved parking areas, and recreational facilities with a pool, tot lot, security lighting and other amenities (see Attachment 4). Page 3, Item: Meeting Date: 1 O/)~/Oh 3. Land Use and Zoning The item being presented for the Planning Commission's consideration is the rezone of approximately 3.6 acres of the 5.5-acre site from the current S90 zone to the CC-P zone. The rezone would provide consistent zoning of the entire site as well as an implementing zone for the 2005 General Plan mixed- use land use designation. The Precise Plan standards would permit a reduced tTont yard setback to allow a more compact urban design, with enhanced pedestrian orientation along Third Avenue, and retention of the drainage channel along the western portion of the site as a project enhancement/feature. The General Plan land use, zoning, and current land uses in the vicinity consist of the following: Site: North: East: South: General Plan Land Use Mixed-Use Residential Commercial - Retail Public/Quasi Public Public/Quasi Public, Residential High and Open Space Public/Quasi Public Zoning CC-P and S90 CC R-I CC-P R-3 Current Land Use Vacant Retail Commercial Golf Course Medical High density residential West: R-I School/church/residential Other discretionary actions required for project implementation include a tentative subdivision map for lot consolidation, a design review determination, and a conditional use permit (pursuant to 19.36.030 and 19.58.205) to allow residential development within the CC-P Zone. Pursuant to CYMC Section 2.55.050, the Chula Vista Redevelopment Corporation will review these additional required entitlements and also make a recommendation on the proposed rezone, which will be forwarded along with the Planning Commission's recommendation on the rezone to the City Council for final consideration and approval. 4. Development Standards The mixed-use development has been evaluated using the CC zone development standards. It should be noted that CYMC 19.58.205 requires mixed-use developments to comply with the R-3 standards for residential density (CYMC 19.58.205(C)) and open space (CYMC 19.58.205(E)) as further described below. Assessor's Parcel Number: 619-010-04 -38 -42 and -56 Current Zoning CC-P - Central Commercial Zone S90 - Holdin<! Area (San Die"o County zone) ProDosed Zonin<! CC-P - Central Commercial Zone General Plan MUR - Mixed-Use Residential Buildin" Covera"e I. 77 acres Lot Area 5.5 acres Page 4, Item: Meeting Date: 10/?<;/o1i Setbacks (per CC zone) Front Yard: 25 feet Side Yard: none; when adjacent to an R district, 15 feet Rear Yard: none 20 feet" 25 feet 55 feet Parking (per CYMC 19.62.050) Residential (2/du) 334 spaces Retail (1/200 sf) 19 spaces Total 353 spaces 346 spaces 20 spaces 366 spaces Building Height (per CC zone) No height restrictions - Podium Building - height varies 44 feet to 60 feet Except no building shall exceed three and Town Home Units - 35 feet one-half stories or 45-feet in height when located adjacent to any CO or residential zone (applies to town home units only) Residential Density (per R-3 zone) 170 units Open Space Requirements (per R-3 zone) 167 units 72,560 square feet 95,774 square feet "'Variation from CC zone development standard required. The following provides additional discussion of the project's consistency with the above developments standards and the requested variation from the front yard setback requirement of the CC zone. Setbacks: The applicant has requested that the precise plan modifying district (P) be applied to the project site to allow a reduced front yard setback. While the proposed Precise Plan standards would deviate from the adopted Zoning Ordinance, the site design would be compatible with surrounding land uses as described below. The proposed zoning ordinance deviation would allow a reduced front yard setback (25 feet required vs. 20 feet proposed) to allow clustering of the units in the podium structure along the eastern property boundary while retaining the open space/drainage channel con.figured along the project's western boundary. The currently degraded drainage channel is proposed to be enhanced and incorporated as an open space amenity of the project In addition, the existing setback standards (25 feet) are more Page 5, Item: Meeting Date: 1 on ';/0(; reflective of suburban development standards which typically emphasize buildings set back behind a landscaped/parking area. The proposed precise plan development standards will allow reduced building setbacks which are conducive to a more urban, pedestrian-oriented project. Parking: The project would meet and exceed the parking requirements of the proposed residential and commercial components. Also, as required by CVMC 19.58.205, parking, access and circulation has been designed to be largely independent for the commercial and residential components of the project. The commercial parking will be closest to Third A venue and separated from the residential parking area by a security gate in the underground parking area. Building Height: The proposed building would meet the height regulations of the CC zone. The four-story podium building proposes heights which range from 44 feet to a maximum of 60 feet. The podium building is situated adjacent to the CC zone to the north and south, and Third Avenue, a 72-foot wide major street, abuts the podium building on the east. As referenced, there are no height restrictions for buildings adjacent to the CC zone. An open space drainage channel abuts the podium building to the west. The open space/drainage channel provides a vertical (30 feet) and horizontal (55 feet) separation and transition to the uses (church, school) located further to the west of the site in the R-I zone. The three-story town homes would have a maximum height of 35 feet and are situated adjacent to the southwest property boundary, which abuts Bayview Hospital and Mental Health Systems (zoned CC-P) and multi-family uses further to the southwest in the R-3 zone. The height of the townhome building would meet the building height standards of the CC zone for buildings adjacent to CO or residential zones. Residential Density: Pursuant to CVMC 19.58.205(C), the allowable residential density of a mixed-use development is limited to the maximum residential density permitted in the R-3 zone. The maximum density permitted in the R-3 zone is 32 dwelling units per acre (du/ac). Therefore, the maximum number of dwelling units on the project site could be 170 units. This is based on the net area (5.3 acres) of the site after deducting the area devoted to commercial use (3,800 square feet) and exclusive commercial parking (20 spaces = approximately 4,000 square feet). The project proposes 167 units which would be slightly less than the maximum units (170) permitted by the R-3 zone. Open Space Requirement: The project proposes a total of 95,774 square feet of open space, which exceeds the required 72,560 square feet by 23,214 square feet. The open space is provided through a combination of private and common open space areas. Each home has a private balcony or patio in order to provide private open space for each unit. The balconies, patio, and stoops also serve to articulate and add interest to the building fayade. A pool and recreation area with a tot lot is centrally located within the development and buffered from the activity along Third A venue. The recreation area is not visible from Third Avenue, but is directly visible from the adjacent homes in order to provide security. The central recreation area is located along a pedestrian path that provides connections to viewing areas and seating along the upper edge of the open space/drainage channel, and provides focused access to this on-site open space amenity. The pedestrian circulation also connects the residents to Third A venue and the Page 6, Item: Meeting Date: 1 O/?~/Oh neighborhood commercial uses. Common open space is also provided on courtyards above the parking garage of the condominium building. These courtyards are directly accessible from the ground floor patios of the condominium homes. 5. Analysis The project has been evaluated in accordance with the goals and objectives of the Chula Vista General Plan (2005), the Zoning Ordinance and the Amended and Restated Redevelopment Plan (2004). It is noted that the 2004 Redevelopment Plan refers to the General Plan and Zoning Ordinance for land use guidance. Rp.70np. Of the approximately 5.5-acre project site, 1.9 acres is currently zoned CC-P, which allows mixed-use residential development as a conditional use (CVMC 19.36.030 (0)). The applicant has requested to rezone the remainder of the site (3.6 acres) currently zoned as S90 to Central Commercial Precise Plan (CC-P), which would result in a consistent zone over the entire site. As previously stated, the S90 zone designation was originally a county zone used for the holding of agriculture materials and equipment and was intended to be replaced as areas urbanized pursuant to the Montgomery Specific Plan. With the recent update of the General Plan, the Montgomery Specific Plan was repealed and replaced with a new vision for this area of the southwestern portion of the City. The development proposal would implement the General Plan Land Use and Transportation (LUT) Policy 41.6 for this area, which states: "Encourage multi-family with limited retail in the area designated as Mixed Use Residential south of L Street and west of Third Avenue. " The CC zone is currently the only zone district which allows development of mixed-use projects. The proposed CC zone will contribute to the public convenience and general welfare by further assisting in the implementation of the General Plan MUR land use designation for the site. In addition, LUT Policy 41.9 of the General Plan states: "In the South Third Avenue District, residential densities within the Mixed Use Residential designation are intended to have a district-wide gross density of 30 dwelling units per acre. " The project proposes 167 units on 5.5 acres which results in a density of 30 dwelling units per acre and is consistent with the City's General Plan policy for the site. The residential density would provide a more urban, pedestrian-oriented project design that would be compatible with the surrounding land uses. Prp(-i!ii:p' Plan Standarrh, The purpose of the Precise Plan modifying district ("P" modifier) is to allow diversification in the spatial relationship of land uses, density, buildings, structures, landscaping and open spaces, as well as design review of architecture and signs through the adoption of specific conditions of approval for development of property in the city. Within the boundaries of the P district, the location, height, size Page 7, Item: Meeting Date: 1 O/?~/Oh and setbacks of buildings or structures, open spaces, signs and densities indicated on the precise plan must take precedence over the otherwise applicable regulations of the underlying zone. Pursuant to CVMC 19.56.041, the "P" modifying district may be applied to areas within the city when one or more circumstances are evident, including: "The subject property, or the neighborhood or area in which the property is located, is unique by virtue of topography, geological characteristics, access, configuration, traffic circulation or some social or historic situation requiring special handling of the development on a precise plan basis. " The precise plan modifYing district has already been established on a portion of the site (1.9 acres) and the project proposes to rezone the remainder of the site (3.6 acres) to CC with a "P" modifier (CC-P). The subject property is unique by virtue of its topography and unusual lot configuration. Although the site has over a 400-foot frontage along Third Avenue, the depth of the lot varies from 280 feet to 515 feet, creating an unusually configured lot. The site also includes a drainage channel that runs along the west property boundary. The drainage channel creates a topographic elevation differential of 30 feet from the east to west property boundaries and environ.mental constraints on the project site. The site is also surrounded by existing urban and pedestrian-oriented uses such as commercial retail uses, a church, elementary school, hospital and high-density residential uses. Since no actual criteria for implementation of the precise plan was previously developed at the time of establishment of the "P" modifier on the 1.9 acres ofthe site, such standards are now being requested in order to implement a precise plan. The applicant has requested that the precise plan modifying district (P) be applied to the remainder of the project site to allow a reduced front yard setback. While the proposed Precise Plan standards would deviate from the adopted Zoning Ordinance, the site design would be compatible with surrounding land uses as described below. The proposed zoning ordinance deviation would allow a reduced front yard setback (25 feet required vs. 20 feet proposed) to allow clustering of the units in the podium structure along the eastern property boundary while retaining the open space/drainage channel configured along the project's western boundary. The currently degraded drainage channel is proposed to be enhanced and incorporated as an open space amenity of the project. Limited access, in the form of viewing areas and seating, is proposed along the upper edge of the open space/drainage channeL In addition, the existing setback standards are more reflective of suburban development standards which typically emphasize buildings set back behind a landscaped/parking area. The proposed precise plan development standards will allow reduced building setbacks which are conducive with the above stated goals of encouraging a mixed-use project which is in keeping with the goals of achieving a more urban, pedestrian-oriented project. The reduction in building setbacks will allow: I) the commercial component of the project to be located close to the sidewalk along Third A venue, thereby achieving the pedestrian-oriented nature of the project; 2) allow for a better balance between open space and buildings on the lot. Larger open space areas as well as pedestrian corridors can be provided between building structures while, at the same Page 8, Item: Meeting Date: 1 Ol?~/Oli time, maintaining the desired density of the project. Due to the orientation of existing development on adjacent properties, no negative impact is anticipated as a result of the proposed setback reductions. Othpr F.ntitlement~ Approval of a conditional use permit that would allow residential development to be constructed as part of a mixed-use commercial retail development within the C-C zone will be considered by the Chula Vista Redevelopment Corporation for recommendation to the City CounciL In addition to being consistent with General Plan policy for the project site, the CUP would ensure development that is compatible with the surrounding land uses. An associated tentative map would consolidate the four existing lots into one parcel for purposes of condominium ownership of the 167 multi-family residential units and separate commercial uses. The proposed project has been reviewed by staff and will be considered by the CVRC for consistency with the City of Chula Vista Design Manual and Landscape ManuaL Final landscape and irrigation plans will be required to be reviewed and approved by the City Landscape Planner for compliance with the City Landscape Manual prior to issuance of building permits. 6. Conclusion The proposed zone for the site would be consistent with and implement the goals and objectives of the General Plan, as well as the 2004 Amended and Restated Redevelopment Plan's goals and objectives for the "Added" Project Area. The proposed CC zone is an implementing zone of the existing MUR land use designation and is therefore appropriate and consistent with the designation. The proposed project components are appropriate due to the site's adjacency to both commercial and residential development, as well as adequate existing infrastructure. Therefore, staff recommends that the Planning Commission recommend approval of the Zone Change (CC-P) and Precise Plan modifying standards to the City CounciL 7. Decision Maker Conflicts Staff has reviewed the property holdings of the Planning Commission members and has found no property holdings within 500 feet of the boundaries of the property which is the subject ofthis action. Atta..hment. 1 . Locator Map 2. Aerial Map 3. General Plan Southwest Planning Area - South Third Avenue District 4. Site Plans 5. Development Application with the following appendices: Appendix A - Proj ect Description and Justification Appendix B - Disclosure Statement Appendix C - Development Permit Processing Agreement RESOLUTION NO. 2006- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL APPROVE A REZONE (PCZ-06-04) FROM S90 ZONE TO CENTRAL COMMERCIAL PRECISE PLAN (CC-P) ZONE ALONG WITH PRECISE PLAN MODIFYING STANDARDS FOR A PORTION OF A 5.5 ACRE SITE LOCATED AT 912-944 THIRD AVENUE WHEREAS, on November I, 2005, a duly verified application for a Rezone (pCZ-06-04) was filed with the City of Chula Vista by Douglas Wilson Companies (Developer); and WHEREAS, the Developer requests approval of the Rezone .from S90 to CC-P on 3.6 acres of a 5.5 acre site and Precise Plan Modifying Standards to enable the development of a 167-unit mixed use residential project with 3,793 square feet of commercial retail space and having a reduced .front yard setback on a 5.5 acres site located at 912-944 Third Avenue; and The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has constructed an Initial Study, IS-06-008, in accordance with the California Environmental Quality Act. Based upon results of the Initial Study, the Environmental Review Coordinator determined that the project could result in effects on the environment.--However, revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator prepared a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, IS-06-008; and WHEREAS, a Planning Commission hearing time and place was set for said Rezone (with Precise Plan Standards) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely October 25, 2006, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission has reviewed and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, IS-06-008. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION after considering all reports, evidence and testimony presented at said public hearing with respect to the Rezone and Precise Plan application, finds that the Rezone (PCZ-06-04) from the S90 Zone to Central Commercial Precise Plan (CC-P) Zone on 3.6 acres of a 5.5 acre site located at 912-944 Third Avenue is consistent with the City ofChula Vista General Plan and is supported Resolution No. PCZ -06-04 and Precise Plan Standards Page 2 by public necessity, convenience, general welfare, and good zoning practice, and therefore recommends that the Chula Vista City Council APPROVE the Rezone; and BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION does hereby find that the proposed precise plan has been reviewed and is considered to meet the following findings as required pursuant to CVMC 19.14.576, and therefore recommends that the Chula Vista City Council APPROVE the precise plan modifying standards: A. That such plan will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity; The proposed CCP zone is consistent with the eXlstmg Mixed Use Residential (MUR) designation of the City's 2005 General Plan, and will contribute to the public convenience and general welfare by further assisting the City's efforts to satisfy the goals and objectives of the General Plan Land Use and Transportation (LUT) Policy 41.6 for this area and the goals and objectives of the Amended and Restated Redevelopment Plan (2004) regarding the removal of blight and physical improvement to this area of the redevelopment project area. The site is also surrounded by existing urban and pedestrian-oriented uses such as commercial retail uses, a church, elementary school, hospital and high-density residential uses. B. That such plan satisfies the principle for the application of the P modifYing district as set forth in CVMC 19.56.041; The purpose of the Precise Plan modifying district ("P" modifier) is to allow diversification in the spatial relationship of land uses, density, buildings, structures, landscaping and open spaces, as well as design review of architecture and signs through the adoption of specific conditions of approval for development of property in the city. Within the boundaries of the "P" modifying district, the location, height, size and setbacks of buildings or structures, open spaces, signs and densities indicated on the precise plan shall take precedence over the otherwise applicable regulations of the underlying zone. Pursuant to CVMC 19.56.041, the "P" modifying district may be applied to areas within the city when one or more circumstances are evident including: 'The subject property, or the neighborhood or area in which the property is located, is unique by virtue of topography, geological characteristics, access, configuration, traffic circulation or some social or historic situation requiring special handling of the development on a precise plan basis. " The precise plan modifying district has already been established on a portion of the site (1.9 acres) and the project proposes to rezone the remainder of the site (3.6 acres) to CC with a "P" modifier (CC-P). The subject property is unique by virtue of its topography and U11usual lot configuration. Although the site has over a 400-foot frontage along Third Avenue, the depth of the lot varies tTom 280-feet to 515-feet, creating an unusually configured lot. The site also includes a drainage channel that runs along the west property boundary. The drainage channel Resolution No. PCZ -06-04 and Precise Plan Standards Page 3 creates a topographic elevation differential of 30 feet from the east to west property boundaries and environmental constraints on the project site. Therefore, the precise plan is considered to satisfy the principle for the application of the "P" modifying district. C. That any exceptions granted which deviate from the underlying zoning requirements shall be warranted only when necessary to meet the purpose and application of the P precise plan modifying district; Within the boundaries of the "P" modifying district, the location, height, size and setbacks of buildings or structures, open spaces, signs and densities indicated on the precise plan shall take precedence over the otherwise applicable regulations of the underlying zone. The applicant has requested that the precise plan modifying district (P) be applied to the project site to allow a reduced tTont yard setback. While the proposed Precise Plan standards would deviate from the adopted Zoning Ordinance the site design would be compatible with surrounding land uses as described below. The proposed zoning ordinance deviation would allow a reduced front yard setback (25-feet required vs. 20-feet proposed) to allow clustering of the units in the podium structure along the eastern property boundary while retaining the open space/drainage charmel configured along the project's western boundary. The currently degraded drainage charmel is proposed to be enhanced and incorporated as an open space amenity of the project. Limited access, in the fonn of viewing areas and seating, is proposed along the upper edge of the open space/drainage charmel. In addition, the existing setback standards are more reflective of suburban development standards which typically emphasize buildings set back behind a landscaped/parking area. The proposed precise plan development standards will allow reduced building setbacks which are conducive with the above stated goals of encouraging a mixed-use project which is in keeping with the goals of achieving a more urban, pedestrian-oriented project. The reduction in building setbacks will allow I) the commercial component of the project to be located close to the sidewalk along Third Avenue, thereby achieving the pedestrian oriented nature of the project; 2) allow for a better balance between open space and buildings on the lot. Larger open space areas as well as pedestrian corridors can be provided between building structures while, at the same time, maintaining the desired density of the project. Due to the orientation of existing development on adj acent properties, no negative impact is anticipated as a result of the proposed setback reductions. D. That approval of this plan will conform to the general plan and the adopted policies of the city. With the recent update of the General Plan, the Montgomery Specific Plan was repealed and replaced with a new vision for the Southwest area of the City. The development proposal would implement the General Plan Land Use and Transportation (LUT) Policy 41.6 and 41.9 for this area, which states: Resolution No. PCZ -06-04 and Precise Plan Standards Page 4 "Encourage multi-family with limited retail in the area designated as Mixed Use Residential south of L Street and west of Third Avenue. .. and; "In the South Third Avenue District, residential densities within the Mixed Use Residential designation are intended to have a district-wide gross density of 30 dwelling units per acre. .. The project proposes a mixed-use residential development consisting of 167 units and 3,793 square-feet of retail space on 5.5-acres. The residential density of 30 dwelling units per acre is consistent with the City's General Plan policy for the site. The residential density would provide a more urban, pedestrian-oriented project design that would be compatible with that of the surrounding land uses. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION does hereby adopt a resolution recommending that the City Council approve the Rezone (PCZ-06-04) from the S90 Zone to Central Commercial Precise Plan (CC-P) Zone along with Precise Plan Modifying Standards for a portion of5.5-acre site located at 912-944 Third Avenue. BE IT FURTHER RESOLVED that a copy of the resolution be transmitted to the City Council and the Developer. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 25th day of October 2006, by the following vote,t~ wit: AYES: NOES: ABSENT: ABTAIN: Bryan Felber, Chair ATTEST: Diana Vargas, Secretary ATTACHMENT 1 San Diego Country Golf Course C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT Creekside Vistas, LLC. Clo PROJECT DESCRlP11ON: C) APPU~ Douglas Wilson Companies. DESIGN REVIEW PRo.ECT 914-942 Third Av. Proposal Is for 167 multi-family residential units and 4,000 sq. ft. ADDRESS: of ground floor retail commercial. l SCALE: FILE NUMBER: NORTH No Scale PCZ-Q6-04 ReIa1BdC8B: PCS-06-06,~, DR~, I~ J:\planninglca~os~ocators\PCZ0604.cdr 05.26.06 Attachment 2 Creekside Vistas Project Location PCI-06-04 Planning Commission Meeting October 25, 2006 N Attachment 3 'I) Ch>;da {JJJJ VIsta ~ " . Vision 2020 LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 8.4 District and Focus Area Planning Factors, Objectives, and Policies Five Districts have been identified within the Southwest's Montgomery Subarea, and are described in this section. This section also identifies proposals for change and improvement within the Districts and provides appropriate policies that will guide impiementation of the vision for each District ___._____.__. ___'_"'__'_~~___~__'"m__~__._.__._...___.__.~__ 8.4.1 South Third Avenue District Description of District The South Third Avenue District (Figure S-21) is a significant north/south commercial street that links several neighborhoods in the City. The District is generally located between L Street on the north and Palomar Street on the south. Existing Conditions Retail and services along Third Avenue support adjacent residential areas. Civic uses, including a post office and Lauderbach Park. are located near the intersection with Oxford Street Vision for District The South Third Avenue District is an area with neighborhood-serving commercial uses and good transit service for residents of the single-family and multi-family homes. It is an attractive area, with recent streetscape improvements and renovated building facades, where residents enjoy waiking to do their daily shopping needs or dine in a restaurant Some redevelopment along Third Avenue has introduced additional residential units above retail shops and professional offices. These physical improvements. plus the addition of more local-serving shops and a community center have helped to create a vibrant mixed use core in the SouthwestTown Focus Area that has become a community focal point in the Southwest Planning Area. A transit station near the intersection of Third Avenue and Palomar Street; and a Bus Rapid Transit (BRI) route conned the Palomar Street Trolley Station with the eastern master planned communities and regional commerciai centers. The transit station serves the Southwest Town Focus Area and provides additional transportation options for the area. Due to proximity to transit; residential densities are higher south of Oxford Street than north of Oxford Street Page LLrr-140 City of (hula Vista General Plan L St. Moss St. NapJes Sf. Oxford St Palomar St. o~.. "'.9" ..q,..~ ~ NOT TO SCALE Southwest Planning Area South Third Avenue District . PROPOSED TRANSIT STATION FUTURE TRANSIT ROUTE MIXFT USE 1/,:/ REi . . . . ..... . . . . . . ...... ~E;^k . . . . .. SO\JTHWEST TOWN FOCUS STUDY AREA AREAS OF CHANGE EXISTING lAND USE Page LUT-141 ~Ift. ~ =~ 0iUA VISTA ~ :( ~ ~I' '" ,;. . w ,f; 2 t:! g -. Rt:::::,. -< .!) ;; ~,' .. > ... .c: 1: " ~ .... . . . . '. . . . .0 .:i ."r; ....i .w . . c.::)W-1iEC. <Si "' " I;; "' '" ~ w '0 :;0 " ~, ~ j ~ ... " a -ill '* .'"' . ~ ... ~ 30 li.: '" " c \'i :>: . L')-' ". ~ 1ja S.. ::;00 ~ L . . . . ~ m ". '" .. . . if; w .. ;< w ", => D \'i '" '" ~ -< " ~-:: ;; w;: 'g~ c~ UJd) ~ iu :'ECi . . . . : ~ ~ . . . . J \.~', . " ~ ~ . ", . ,~' '" 1.1; '" '" w . . LEGEND Figure 5.21 LAND USE AND TRANSPORTATION ELEMENT LUT 41.6 Encourage multi-family with limited retail in the area designated as Mixed Use Residential south of L Street and west of Third Avenue. LUT 41.7 Create a mixed use core with new residential and local serving retail in the area designated as Mixed Use Residential between Oxford Street and Palomar Street in the Southwest Town Focus Area that will serve as the focal point for the community in the Southwest Planning Area. LUT 41.8 Retain and enhance iocal serving retail uses in the area designated as retail between Palomar Street and Orange Avenue. Intensity/Height LUT 41.9 In the South Third Avenue District. residential densities within the Mixed Use Residential designation are intended to have a district-wide gross density of 30 dwelling units per acre. LUT 41.10 In the SouthwestTown Focus Area, the commercial (retail and office) portion of the Mixed Use Residential 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 vary 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 41.11 In the South Third Avenue District excluding the Southwest Town Focus Area, the commerciai (retail and office) portion of.the Mixed Use Residential designation is intended to have a focus area-wide aggregate FAR of OS Subsequent specific plans or zoning ordinance regulations will establish parcel-specific FARs that may vary from the district-wide aggregate (refer to Section 4.9.1, Interpreting the Land Use Diagram, for a discussion of district- wide versus parcel-specific FAR). LUT 41.12 Building heights on both sides of Third Avenue shall be primarily low-rise buildings. Permit low-rise buildings in the Southwest Town Focus Area. Page LUT-143 ~If? -- =w OUAVISrA Attachment 4 . Creekside Vistas O~rI~r2.I3~~~m .20050658 Q7.05.06 Dlltllda.<; \\'I!~.)GJlIlplini~ Chula Vista, California ATTACHMENT 5 Planning & Building Department Planning Division I Development Processing cnv OF OiUlA VISrA APPLICATION . DEVELOPMENT PROCESSING . TYPE B Part 1 J e of Review Re uested o General Plan Amendment o General Development Plan 0 New (or) DAmendment o SPA/Specific Plan DNew (or) IAmendment o Zone Change o Tentative Subdivision Map o Annexation D Other: A lication Information Applicant Name: Creekside Vistas, LLC c/o Douglas Wilson Companies Applicant Address: 450 B Street, Suite 1900 San Diego, CA 92101 Contact: Terry R Plowden Phone: 619-641-1141 Applicant's Interest in Property (If applicant is not the owner, the owner's authorization signawre at the end of this form is required to process this request.) 0 Own 0 lease ba In escrow D Option to purchase Engineer/Agent: Project Design Consultants Address: 701 B Street, Suite 800 San Dieqo, CA 92101 Contact: Armando Urquidez Phone: 619-881-2512 Primary contact is: 0 Applicant 0 Agent I2J Email addressofprimarycontact:tplowden@dou9Iaswilson.com General Project Description (all types) Project Name: Creekside Vistas General Description of Proposed Project: Proposed Use: Multi-family residential/commercial 167 multi-family residential units with approximately 3,793 square feet of retail space on the ground floor fronting Third Avenue. 10% of the project units will be set aside as affordable housing. Subject Property Information (all types) Location/Street Address: West side of Third Avenue between L Street and Moss Street Assessor's Parcel #: 619-010-04,-38,-42,-56 Total Aa-eage: 5.54 ac Redevelopment Area (If applicable): Rede~lop~'" Added A~e General Plan Designation: Retail and Open Space Zone Designation: CCP and S90 Planned Community (II applicable): NA Current Land Use: Vacant Within Montgomery Specific Plan? ~ Yes 0 No General Plan Amendment Proposed Land Use Designation: NA Justification for General Plan change: 276 Fourth Avenue I Chula. Vista I California 91910 (619) 691-51 01 I RevS.03! Pg1l2 ~\~ -11- APPLICATION · DEVELOPMENT PROCESSING . TYPE B Part 2 mY OF CHUIA VISTA General Development Plan General Development Plan Name: Proposed Land Uses f Total Acres: Commercial / Parks / Community Purpose / Public/Quasi / Acres Acres Acres Acres Industrial / Acres Schools / Acres Circulation / Acres Open Space / Acres Residentialf Range: Single Family Detached / Single Family Anached / Duplexes / Apartments / Condominiums / to Units to Units to Units to Units to Units to Units Acres Acres Acres Acres Acres Acres TOTALS / Annexation Prezoning: LAFCO Reference #: Tentative Subdivision Map Subdivision Name: Creekside Vistas CV Tract #: TSD Minimum lot size: NA Number of units: 167 Average lot size: 5.54 ac (one lot) Zone Change ~ Rezoning 0 Prezoning Proposed zoning: S90 to CCP o Setback Authorization t,,,,,,biJc. V;S!rJ LLc... I ::e/~ Date: /( /;/OJ I Print applicant name: Applicant Signature: Print owner name-: Owner Signature': Date: .Proof of ownership may be required. letter of consent may be provided in lieu of signature. 276 Fourth Avenue (hula Vista California 91910 (619) 691-51 01 ~I~ .. ';,: mY OF 0tUA VJSrA APPLICATION · DEVELOPMENT PROCESSING . TYPE B Part 2 General Development Plan General Development Plan Name: Proposed Land Uses / Total Aaes: Commer<:ial / Parks / Community Purpose / Public/Quasi / Acres Acres Acres Acres Industrial / Acres Schools / Acres Circulation / Acres Open Space / Acres Resid..lial/ Range: Single Family Detached / Single Family Attached / Duplexes / Apartmerns / Condominiums / to Units to Units to Units to Units 10 Units to Units Acres Acres Acres Acres Acres Acres TOTALS / Annexation Prezoning: LAFCO Reference N: Tentative Subdivision Map Subdivision Name: Creekside Vistas CV Tract N: TBD Minimum lot size: NA Number of units: 167 Average lot size: 5.54 ac (one lot) Zone Change Ii2I Rezoning 0 Prezoning Proposed zoning: 590 to CCP o Setback Authorization Print applicam name: ApplIcant Signature: Date: L"",ifJ 1<J~e.r!I.; V 1'''''- h~~if. Date: \ L . l.etler of consent may be provided In lieu of signature. I i ,,-,-tkd' Owner Signature.: .Proof Of ~hiP. may be 276 Fourth Avenue Chu/a Vista I California I 91910 (619) 691-51 01 1 Rw5.03 ! ",212 P I ann n g & Building Planning Division Department Development Processing CIlY OF CHULA VISfA APPLICATION APPENDIX A - Project Description & Justification Project Name: Creekside Vistas Applicant Name: Creekside Vistas, LLC I'!ease fully describe the proposed project, any and all construction that may be accomplished as a result of approval of this project, and the project's benefits 10 yourself, the property, the neighborhood, and the City of Chula vista. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may include any background infonmation and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. For all Conditional Use Penmits or Variances, please address the required "findings" as listed in the Application Procedural Guide. The proposed project consists of 167 multi-family residential units and approximately 3,793 squane feet of retail space that would be located on the ground floor along Third Avenue within the Montgomery Specific Plan. The proposed'project is located on the west side of Third Avenue between L Street and Moss Street and is identified as Assessor Parcels Numbers 619-010-04, -38, -42, and -5.6. Rice Elementary School and a church border the property ta the north/northwest, an auto parts store borders the property to the northeast, the Bayview Behavioral Health Campus borders the property to the southeast, and multi-family residential borders the site to the south and southwest. Directly across the street to the east of the property along Third Avenue is the San Diego Country Club Golf Course. Required approvals for this project include a rezone of a portion of the site from S90 to CCP, design review, a Precise Plan, Tentative Subdivision Map, and a conditional use penmit to allow the residential development within the CCP zone. As mentioned above. the proposed project will include 167 "for sale" residential condominiums, of which 19 units are three story townhomes with attached garages, 56 units are four stories of single-level flats and 92 units ane two-story stacked townhomes over a split-level podium with 1.5 levels of parking for 291 cars. In addition, there will be 3,793 squara feet of retail space along Third Avenue at the northwest comer of the property. The proposed project will also Include a pool and recreation center which will be maintained by a homeowner's association. The residentiallretail components will be Type V construction. The podium will be Type I construction. The proposed project will benefit the surrounding neighborhood by eradicating a homeless camp that has been established on the property, ensuring that housing supply will accommodate future population growth by adding 167 new units in an older established neighborhood, balancing the distribution of new market-rate housing relative to other communities within Chula Vista, providing entry-level housing opportunities to first-time home buyers, providing approximately 17 affordable housing units, and by reducing the number of auto trips by creating opportunities to walk and bike to the nearby school and numerous shopping aneas. In addition, the property currently has an assessed value according to the County of San Diego tax rolls of approximately $800,000. Upon completion, the proposed project is projected to have an assessed value of approximately $61 million, thus generating an annual tax increment of approximately $600,000, which will directly benefit the City of Chula Vista. 276 Fourth Avenue Chula Vista California 91910 (619) 691-5101 Application Appendix A Supplement The following findings can be made for the conditional use permit: * That the proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community; Creekside Vistas will enhance the livability of Chula Vista through the creation and maintenance of a mixed-use project that will help to promote the City as a stable and economically and socially diverse community. A primary objective of redevelopment is to use tax increment to address blighted conditions. The property currently has an assessed value according t6 the County of San Diego tax rolls of approximately $800,000. Upon completion, the proposed project is projected to have an assessed value of approximately $61 million, thus generating an annual tax increment of approximately $600,000, which will directly benefit the City of Chula Vista. In addition, this vacant land has been utilized by the homeless as a camp area. The proposed project will eliminate this illegal activity and make the surrounding area much safer for the existing residents, elementary school students, and church. * 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 approvals required for this project include various conditions and exhibits of approval relevant to achieving compliance with the regulations of the Municipal Code in effect for the project site; and such conditions have been determined by the decision-maker as necessary to avoid adverse impacts upon the health, safety and welfare of the persons residing or working in the area. These conditions include standards that pertain to best management practices, traffic circulation, engineering, utilities, and landscaping. Therefore, based on the above, the project would not result in any significant health or safety risks to the surrounding area. * That the proposed use will comply with the regulations and conditions specified in this code for such use; * That the granting of this conditional use will not adversely affect the general plan of the city or the adopted plan of any governmental agency. The granting of the conditional use permit for the proposed project would not adversely affect the City's general plan because it is anticipated that under the General Plan Update, the site will be designated as mixed-use. ~\~ -t- o __ -- p I ann ng & Building Department Planning Division I Development Processing 0lY OF CHUlA VISTA APPLICATION APPENDIX B ~ Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning C.ommission 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 infonmation must be disclosed: . 1. List the names of all persons having a financial interest in the property that is the subject of the. application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. ~-=k <;,:.t_ j/,Jf;,. r LLC. / 2. If any person> identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. 3. If any person> identified pursuant to (1) above is a non-profit organization or trust,-list the names of any person serving as director of the non-profrt organization or as trustee or beneficiary or trustOf-Of the trust 1Ia...- 4. Please Identify every person, including any agents, empioyees, consultants, or independent contractors you have assigned to represent you before the City in this matter. ~ K. p/c,uJd.en L>oKS/<LJ /'..huon ~~nt...r hH Sh.z::::.'1' /,frme"'d'o t/rpv/q'r=", r""'GC-I "<j" / G........<<.l:~ " . 5. Has any person> associated with this contract had any financial dealings with an official- of the City of Chula Vista as it relates to this contract within the past 12 months. Yes_ No~ If Yes, briefly describe the nature of the financial interest the official"* may have In this contract 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No ~ Yes _If yes, which Council member? 276 Fourth Avenue Chula Vista California 91910 (619) 691-5101 ~\~ -.- 0_ __ ~-~= P I ann n g & Building Department Planning Division I Development Processing COY OF CHUlA VISfA APPLICATION APPENDIX B ~ . Disclosure Statement - Page 2 7. Have you provided more than $340 (or an item of equivalent value) to an official- of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes_ No~ If Yes, which officiar' ami what was the nature of Item provided? Date: /D/:2.7/0f> , , ~..../.. , J;> 4,)/.;.;' type name of Contractorl Applicant Print or . Person is defined as: any individual, finm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, toost, receiver, syndicate, ani 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, C()Uncil member, Planning Commissioner, Member of a board, commission, or committee of the City, employe,,"-or staff members. 276 Fourth Avenue (hula Vista California 91910 (619) 691-5101 ~\~ -.- . - --= - P I ann ng & Building Planning Division Department Development Processing CfIY OF CHULA VISfA APPLICATION APPENDIX C Development Permit Processing Agreement Permit Applicant: Applicant's Address: Type of Permit: Agreement Date: Deposit Amount Cr-=..J--<,'..t_ uJ7'i.-S L.Lr:. * ~ ~ Id/s t>'" c-:.-.nt~ ~ B sr___: SuI"" l'7on, ".... J);"'j< C'1f '7.;L/ oJ Ge........... L f?'",.., a_c,./d'"..",^J7:' ~G, ~_ ~"'C"/..,;, p,,~ Anc( Yed7,,;' 7=ma.p /0/;1.7 /o~ I I . This Agreement ("Agreement") between the City of Chula Vista, a chartered municipal corporation ("City") and the forenamed applicant for a development permit ('Applicanf), effective as of the Agreement Date set forth above, is made with reference to the following facts: Whereas, Applicant has applied to the City for a permit of the type aforereferenced ("Permit') which the City has required to be obtained as a condition to permitting Applicant to develop a parcel of property; and, Whereas, the City will incur expenses in order to process said permit through the various departments and before the various boards and commissions of the City ("Processing Services"); and, Whereas the purpose of this agreement is to reimburse the City for all expenses It will incur in connection with providing the Processing Services; ~ Now, therefore, the parties do hereby agree, in exchange for the mu1ual promises herein contained, as follows: 1. Applicant's Duty to Pay. Applicant shall pay all of City's expenses incurred in providing Processing Services reiated to Applicant's Permit, including all of City's direct and overhead costs related thereto. This duty of Applicant shall be referred to herein as "Applicant's . Duty to Pay" . 1.1. Applicant's DepositDuty. As partial performance of Applicant's Duty to Pay, Applicant shall deposit the amount aforereferenced ("Deposit"). 1.1.1. City shall charge its lawful expenses Incurred In providing Processing Services against Applicant's Deposit If, after the conclusion of processing Applicant's Permit, any portion of the Deposit remains, City shall return said balance to Applicant without Interest thereon. If, during the processing of Applicanfs Permit, the amount of the Deposit becomes exhausted. or is imminently likely to become exhausted in the opinion of the e City, upon notice of same by City, Applicant shall forthwith provide such additional deposit as City shall calculate as reasonably necessary to continue Processing Services. The duty of Applicant to initially deposit and to supplement said deposit as herein required shall be known as 'Applicant's Deposit Duty'. 2. City's Duty. City shall, upon the condition that Applicant is no in breach of Applicant's Duty ta Payor Applicant's Deposit Duty, use good faith to provide processing services in relation to Applicant's Permit application. 2.1. City shall have no liability hereunder to Applicant for the failure to process Applicant's Permit application, or for failure to process Applicant's Permit within the time frame requested by Applicant or estimated by City. 276 Fourth Avenue Chula Vista California 91910 (619) 691-51 01 ~!r?- -.- '- -: P I ann n g & Building Department Planning Division I Development Processing cm OF CHULA VI Sf A Development Permit Processing Agreement - Page 2 = 2-2. By execution of this agreement Applicant shall have no right to the Permit for which Applicant has applied. City shall use its discretion in valuating Applicant's Permit Application without regard 10 Applicant's promise to pay for the Processing Services, or the exeClJtion of the Agreement 3. Remedies. 3.1. Suspension of Processing In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has the right to suspend and/or withhold the processing of the Permit which is the subject matter of this Agreement, as well as the Permit which may be the subject matter of any other Permit which Applicant has before the City. 3.2. Civil Collection In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has the right to collect all sums which are or may become due hereunder by civil action, and upon instituting litigation to collect same, the prevailing party shall be entitled to reasonabl.e attomey's fees and costs. 4. Miscellaneous. 4.1 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests 10 be sent to any perty shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid,. registered or certified, with retum receipt requested at the addresses identified adjacent to the signatures of the parties represented. 4.2 Goveming LawNenue. This Agreement shall be govemed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of Califomia, and if applicable, the City of Chula Vista, or as close thereto as possible_ Venue for this Agreement, and performance hereunder, shall be the City of Chula Visja. 4.3. Multiple Signatories. If there are multiple signatories to this agreement on behalf of Applicant, each of such signatories shall be jointly and severally liable for the performance of Applicant's duties herein setforth. 4-4- Signatory Authority. This signatory to this. agreement hereby warrants and represents that he is the duly designated agent for the Applicant and has been duly authorized by the Applicant to execute this Agreement on behalf of the Applicant Signatory shall be personally liable for Applicanfs Duty to Pay and Applicant's Duty to Deposit in the event he has not been authorized to execute this Agreement by Applicant 4.5 Hold Harmless. Applicant shall defend, indemnify and hold harmless the City, Its elected and appointed officers and employees, from and against any claims, suits, actions or proceedings, judicial or administrative, for writs, orders, injunction or other relief, damages, liability, cost and expense (including without limitation attomeys' fees) arising out of City's actions in processing or issuing Applicant's Permit, or in exercising any discretion related thereto including but not limited to the giving of proper environmental review, the holding of public hearings, the extension of due process rights, except only for those claims, suits, actions or proceedings arising from the sole negligence or sole willful conduct of the City, its officers, or employees known to, but not objected to, by the Applicant Applicant's Indemnification shall include any and all costs, expenses, attomey's fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Applicant, at its own expense, shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Applicant's indemnification of City shall not be limited by any prior or subsequent declaration by the 276 Fourth Avenue Chula Vista California 91910 (619) 691-5101 p I ann n g & Building Planning Division I Department Developm"nt Processing cnv OF CHUIA VISfA Development Permit Processing Agreement- Page 3 Applicant At its sole discretion, the City may participate at its own expense in the defense of any such action, but such participation shall not relieve the applicant ofany obligation Imposed by this condition. 4.6 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this agreement against the City unless a claim has first been presented in writing and filed with the City of Chula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. Now therefore, the parties hereto, .having read and understood the terms and conditions of this agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto. Dated: City of Chula Vista 276 Fourth Avenue Chula Vista, CA By: Dated: I(h~~ I I (!;<<<-k;s;';< rJJ't.J LLC '!!>J 13 Jtr.e I . ... :,Co 1700 S..~ O"'jn (~&fCl./OI , By: ;Q?~ 276 Fourth Avenue Chula Vista California 91910 (619) 691-5101 Mitigated Negative Declaration PROJECT NAME: Creekside Vistas PROJECT LOCATION: 914-942 Third Avenue ASSESSOR'S PARCEL NO.: 619-010-04/38/42/56 PROJECT APPLICANT: Creekside Vistas, LLC Douglas Wilson Companies CASE NO.: IS-06-008 DATE OF DRAFT DOCUMENT: September L 2006 DATE OF FINAL DOCUMENT: October 13, 2006 Prepared by: Maria C. Muett Revisions made to this document subseqnent to the issuance of the notice of availability of the draft Negative Declaration are denoted by nnderline, A. Proiect Setting The project site is 5.5-acres in size and consists of four adjoining parcels. The site is located southwest ofthe L Street and Third A venue intersection, between L Street and Moss Street. The site is within the Redevelopment Proj!"ct Area of the City of Chula Vista (see Exhibit A - Location Map). The site was previously developed but has been vacant for many years. A natural drainage channel runs along the western perimeter of the project site. On-site vegetation exists primarily along said drainage channel (see Exhibit S-Existing Site Plan). The land uses immediately surrounding the project site are as follows: NorthlNorthwest: Northeast: South/Southwest Southeast: East: Elementary School and Church Auto Parts Business Multi-family Residential Sehaviorial Health Campus Across Third Avenue/Golf Course B. Proiect Description The project proposal consists of the construction of a mixed-use development of 167 multi-family residential units. The proposed units would consist of single story flats (on four levels), two-story stacked townhomes, and traditional three-story townhomes. Commercial/retail space (4,000 square feet) would be maintained on the ground level. The project would provide required parking through private garages, surface parking and a podium parking structure. Proposed improvements include street dedication, curb/gutter and sidewalk repair, closure of underutilized access, new driveways and emergency fire lane and services, private interior roads, storm drain facilities/filtration systems, water service extensions, sewer facility improvements, underground existing utilities, retaining walls, open space sitting areas and trails, landscaped treatments, pool, security lighting and other amenities. The proposed open space area lies outside of an existing on-site floodplain and wetland area. I C. Compliance with Zoning and Plans The majority of the project site is designated CCP (Central CommerciallPrecise Plan) Zoning and MUR (Mixed-Use Residential). A small portion of the site has a County of San Diego zoning designation of S90, which allows residential uses. The floodplain area is designated as open space in the General Plan. Project permitting includes Design Review, Tentative Subdivision Map, Rezone (to convert S90 to CCP) and a Conditional Use Permit to allow residential development within the CCP Zone. D. Public Comments On May 2, 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 May 12, 2006. Communication was received regarding the drainage channel and disturbed vegetation. On September 5. 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 property owners within a 500- foot radius of the proiect site. The 30-dav public comment period closed on October 5. 2006. Four +hree comment letters were received from State agencies,;.-three during the public review period and one letter was received after the public review deadline. One comment letter was from the Native American Heritage Commission and dealt with potential impacts to archaeological resources. The second letter was from the State of California/Department of Transportation (District II) regarding transportation/traffic issues. The third letter was from the Department of the Interior/USFW and dealt with biological resources and conservation planning. The fourth letter was from the State of California/Department of Toxic Substances Control and dealt with hazards/hazardous materials. 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 form) determined 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 Ouality In order to analyze potential air quality project impacts/emissions, an Air Quality Impact Analysis was prepared by Giroux and Associates, dated August 25, 2006. The emission factors and threshold criteria contained in the South Coast Air Quality Management District Guidelines/Thresholds for Air Quality Analysis and the URBEMIS 2002 model were primarily used. Construction Activity Impacts A comparison of construction emissions to the SCAQMD's emission thresholds of significance for each pollutant was analyzed. The addition of emissions to an air basin is considered under CEQA to be a significant impact. It is anticipated that based on the project's emission factors and proposed construction activities the 2 proposed project will exceed the SCAQMD's daily threshold emission levels. Air quality impacts resulting from construction-related operations are considered short-term in duration since construction-related activities are a relatively short-term activity. The proposed project will result in short-term air quality impacts directly related to cleanup, grading and construction activities associated with the project. Worker and equipment vehicle trips will create temporary emissions of dust, fumes, equipment exhaust, spillover and other air pollutants associated with the grading/construction and cleanup activities. Exhaust emissions will result from on and off site heavy equipment. Dust control and emission controls are recommended for off-road construction equipment as well. As a mitigation requirement, construction equipment exceeding \00 brake-horsepower must meet Tier 3 emission limits during all grading phases of the project construction. All project emissions are anticipated to be at or below the standard thresholds. Implementation of the Air Quality Mitigation Measure No. 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. Project Operational Impacts The primary direct air quality impacts are project generated traffic trips. An analysis of these emissions combined with site source emissions was made and compared with the established significance threshold levels and found that none of the analyzed pollutants exceeded the set thresholds. Specifically, project related carbon dioxide CO levels are identified below the significance threshold. No significant traffic generated operational related air quality impacts are created as a result 0 f the proposed proj ect. The potential also exists that the public will be exposed to particulate matter and other air contaminants from diesel-fueled commercial vehicles serving the retail portion of the project. However, the State of California has established airborne control measures to limit public exposure to diesel fuels by limiting diesel fueled motor vehicles idling no longer than 5.0 minutes at any public location, including uses of equipment on the vehicle during resting periods. Enforcement of this regulation will mitigate air quality impacts to below a level of significance. This measure is included as a part of the Mitigation Monitoring and Reporting Program. Biological Resources A biological reconnaissance survey and jurisdictional wetland delineation of the project site was conducted by Merkel and Associates, Inc. to identify existing vegetation and wildlife species on the site. The biological resource report, dated July 13, 2006 is summarized below. The 5.5-acre project site is currently vacant and consists of primarily disturbed land with small patches of non-native grassland (0.3-acre) and eucalyptus woodland (0.04-acre). The surrounding land to the west, north, east and south are currently developed with residential and commercial uses. Telegraph Canyon Creek runs along the western border of the project site and is dominated by previously disturbed wetlands, southern willow scrub, and coastal fresh water marsh. In order to avoid impacts to Telegraph Canyon Creek, the proposed project is designed to retain the Creek and all associated wetland resources surrounding it. Under the City's MSCP Subarea Plan, the project site is located in an area designated as a Development Area and is subject to the requirements of the Habitat Loss Incident Take (HUT) Ordinance. In accordance, with the HUT Ordinance, those projects that are greater than one acre, contain sensitive biological resources, and are located outside the "Covered Projects," must demonstrate compliance with the Ordinance and obtain Take authority from the City of Chula Vista for impacts to Covered Species. The following is a summary of the findings contained within the biological resource report as required by the City's HUT Ordinance, Section 17.35. 3 Sensitive Species Vegetation Communities The proposed project currently supports a small area of Non-Native Grassland (NNG). NNG is considered sensitive habitat under the City's MSCP Subarea Plan and is designated as Tier ill (common uplands) habitat. According to the biological report, the proposed project will directly impact the existing NNG on site. In order to meet the requirements of the City's MSCP Subarea Plan, the project was designed to avoid impacts to sensitive biological resources such as Telegraph Canyon Creek. As a result, impact to the small area of NNG could not be avoided. Impact to this vegetation community is considered significant and will require the implementation of the mitigation measures identified in Section F of this Mitigated Negative Declaration to reduce direct biological impacts to a level below significance. These measures are included as a part of the Mitigation Monitoring and Reporting Program. Plant Species The project site is dominated by disturbed lands consisting of non-native weeds such as Russian thistle and sweet fennel. Based on field surveys conducted by Merkel & Associates and the disturbed nature of the project site, no sensitive plants or narrow endemic species were observed or have the potential to occur on the project site. Implementation of the proposed project will not result in significant impacts to sensitive plant species or narrow endemic species. No mitigation measure is required. Merkel & Associates identified one mature coast live oak tree on the project site. Although the coast live oak is not listed as a sensitive species or covered under the City's MSCP Subarea Plan, the project is designed to retain this individual tree in an area planned for a proposed walking path. In order to ensure impacts to this tree do not occur during construction, implementation of mitigation measures identified in Section F of this Mitigated Negative Declaration. These measures are included as a part of the Mitigation Monitoring and Reporting Program. Wildlife Species Based on field surveys conducted by Merkel & Associates and the disturbed nature of the project site, the biological resource report concluded that no sensitive wildlife species were observed or have the potential to occur on the project site. Only common species such as the mourning dove, Anna's hummingbird, black phoebe, and California towhee were observed onsite. Implementation of the proposed project will not result in significant impacts to sensitive wildlife species. Therefore, no mitigation measure is required. The proposed project will require the removal of a relatively small concentration of eucalyptus (0.04- acre) found near the southeastern property boundary. Removal of the eucalyptus may potentially result in direct impacts to nesting raptors and/or migratory birds which may be present on the project site. Prior to removal of the eucalyptus woodland, mitigation measures must be implemented to reduce impacts to nesting raptors and/or migratory birds to below a level of significance. Please refer to Section F of the Mitigated Negative Declaration for proposed mitigation measures. Wetland Resources Telegraph Canyon Creek runs along the western border of the project site and is dominated by disturbed wetlands and southern willow scrub. A Wetland Delineation was conducted on January 23, 4 2006 by Merkel and Associates, Inc., pursuant to the United States Army Corp of Engineers (ACOE) Wetlands Delineation Manual (Environmental Laboratory 1987) to identify jurisdictional waters and wetland resources. The wetland delineation concluded that wetlands and Non-wetland Waters of the U.S./Streambeds as defined by the ACOE and California Department ofFish and Game occur on the project site. Table 1 summarizes the wetland resources found on site. ummarv 0 et and Resources n ite Tvne of Wetland Resource Area (acres) Southern willow scrub 0.04 Disturbed wetlands 0.3 Coastal rreshwater marsh 0.004 Non-Wetland Waters ofthe U.S./Streambed 0.07 S Table 1 fW I o S The proposed project is designed to avoid impacts to Telegraph Canyon Creek and all associated wetland resources surrounding the creek. Therefore, implementation of the proposed project will not result in significant impacts to wetland resources and jurisdictional wetlands on the project site. No mitigation measure is required. Indirect Impacts The proposed project is designed to retain the Telegraph Canyon Creek and all associated wetland resources on the project site; however, implementation of the development will result in indirect impacts to this wetland feature. Potential indirect impacts may be associated with an increased exposure to excessive noise, lighting, use of non-native invasive species, and stonnwater run-off. According to the biological resource report, stonnwater leaving the proposed project site may result in the introduction of sediment or pollutants to Telegraph Creek channel. In addition, Telegraph Canyon Creek may be exposed to non-native invasive species incorporated as part of the proposed project. In order to mitigate potential indirect impacts, implementation of the mitigation measures identified in Section F of this Mitigated Negative Declaration will reduce identified indirect biological impacts to a level below significance. For further discussion of impacts associated with stonnwater runoff, refer to the HydrologylW ater Quality Section below for further details. These measures are included as a part of the Mitigation Monitoring and Reporting Program. Geology and Soils To assess potential geological and soils impacts of the project, a Preliminary Geological Reconnaissance Report for Proposed Residential Development, 3,d Avenue, Chula Vista, California, July 7, 2005, was prepared by Leighton and Associates, Inc. The results of this analysis are summarized below. The project site is not located in an active Earthquake 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. A final soils report is required to be prepared to satisfaction of the City Engineer, prior to the issuance of grading and construction pennits. Erosion control measures will be identified in conjunction with the preparation of the grading plans and implemented during the construction phase. Through project design as recommended in the study, and the mitigation measures contained in Section F below, 5 potential geological impacts would be mitigated to a level of less than significance. These measures are included as a part of the Mitigation Measure Monitoring and Reporting Program. Hazards/Hazardous Materials In order to assess potential hazardous materials impacts, a Phase I Environmental Site Assessment report was prepared by Leighton and Associates, Inc., on July 7, 2005 for the project site. The same consultant prepared a Phase II on August 12, 2005 to further address potential impacts rrom surrounding properties. Please refer to the following summary below. Phase I Environmental Site Assessment According to the Phase I, no historical records were available for the project site prior to 1930. From 1930 to 2002, the land uses consisted ofresidential and commercial activities. The site is currently vacant and was previously used for disposal of transient waste dumping, trash, yard and construction/demolition waste. On-site The assessment noted the storage of one 55-gallon drum on the western portion of the project site. No staining was observed in the area surrounding the drum. No evidence of underground storage tanks (USTs) or above ground storage tanks (ASTs) was observed. No groundwater monitoring wells were observed on the project site. It was recommended that the project site be further evaluated as to the proper removal/disposal of the identified 55-gallon drum and its contents. The on-site waste fill and trash was primarily residual concrete foundations and construction waste as well as transient trash/materials. No other environmental concerns were observed or reported during the site observation. Off-site In accordance with standard assessment procedures, regional database listings of hazardous wastes and materials sites within the project site were reviewed. Based upon Leaking Underground Storage Tanks (LUST) cases within proximity of the project site, three locations have active cases that have impacted groundwater and site assessments and cleanup are either currently underway or closed as regulated by the regional agencies; County of San Diego Department of Environmental Health Services (DEHS) and the Regional Water Quality Control Board (RWQCB). The project site is located at a higher elevation than the listed LUST sites. However, subsurface conditions have not been evaluated. It was recommended that additional research be conducted to review the case files for these sites to determine the possible extent of impacted groundwater related to the unauthorized release, if any. Phase II Environmental Site Assessment The purpose of this additional evaluation was to review the records of the three open Leaking Underground Storage Tanks (LUST) cases within one-eighth mile of the project site. The LUST site located at 898 Third A venue (gas station) is in the closure process with the DEHS. No further groundwater monitoring is required as of July 14, 2005. The LUST site located at 899 Third A venue (gas station) has no issues related to groundwater; therefore, offsite migration of hydrocarbons towards the site is unlikely to occur. 6 The LUST site located at 902 Third Avenue (gas station) is still in the remediation process for removal of petroleum hydrocarbons. A groundwater-monitoring well was installed and is in operation in the auto parts parking lot north of the project site. Based upon monitoring reports, the groundwater flows in an easterly direction, away from the project site. The groundwater level is at 75 feet below grade. MTBE has not been reported above the State of California contaminant levels for drinking water. Additionally, in a letter dated July 28, 2003 the DEHS determined that based upon the regular monitoring reports that vapor risk to offsite structures is not considered pertinent, as there is no evidence of vapor risk levels. Therefore, no additional environmental assessment of the project site is necessary. In the event any offsite conditions change, additional assessment may be necessary by a qualified environmental professional to assess the areas of concern. This may include the preparation and submittal of a written analysis, identifying the areas of concern with appropriate measures, to the Planning and Building Director 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. Hvdrology and Water Oualitv Drainafle In order to assess potential drainage impacts of the project, a Preliminary Drainage Report for Third Avenue and L Street, Chula Vista, California, February 2006, was prepared by Project Design Consultants. The results of this analysis are summarized below. Existing Conditions and Drainage Improvements The project located adjacent to the Telegraph Canyon Creek. The 100-year floodplain lies along the western edge of the project site, however, the outennost project edge and grading limits are outside the 100-year floodplain. The site and adjacent street currently drain northeast to southwest towards the Telegraph Canyon Creek. The off-site drainage improvements currently exist along Third Avenue and L Street. Proposed Drainage Improvements Based upon review of the preliminary drainage study, the Engineering Department has detennined that there are no significant issues or impacts regarding the proposed drainage improvements for the project site. The drainage analysis results verify that the project does not adversely impact the existing City stonn drain facilities. The proposed on-site drainage improvements consist of a series of building drains, gutters, parking structure drainage system, landscape inlets, piping systems, tying into the area drains with filtration systems, rip-rap, underground detention facility and filtration systems outside the floodplain to pre-treat prior to entering the wetlands/channel. Comparison of the site's existing and proposed design stonn flows indicates that the peak 100-year flows will be increased as a result of the proposed project. To lessen any potential impact, the drainage improvement system proposed includes a detention basin that will control this increase in the peak 100-year discharge. The City Engineer will require the applicant to enter into an Irrevocable Offer of Dedication (laD) for drainage purposes that requires approval by the City Council. 7 Water Quality In order to assess potential water quality impacts created by the proposed project, a Water Quality Technical Study was prepared by Project Design Consultants and dated August 2006. Due to the location of the project next to a waterway and potential for substantial impacts to water quality, the applicant/developer will be required to implement post-construction Best Management Practices (BMPs) to the maximum extent practicable, including the use of high pollutant removal efficiency treatment BMPs. The City of Chula Vista SUSMP requires a combination of site design, source control, and treatment control BMPs. The project proposed the following BMPs: warning signage by storm drain and sensitive water areas, catch basins with filtration devices, detention basins, flow through planter boxes, landscaped treatments and grass swales. Parking areas and driveway runoff will be directed into a vegetated swale or catch basin with filtration device prior to offsite discharge. The parking structure design includes an underground detention facility that will collect and pretreat any storm water runoff prior to entering the underground parking structure. This will prevent project pollutant runoff or direct pollutant impact transferred from off-site vehicles. 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 potential storm water pollutants as well as proposed BMPs that will be used for treatment, and submit a water quality study with submittal of final grading/improvement plans to the satisfaction of the City Engineer. Storm or non-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. As a standard condition, a final drainage study will be required in conjunction with the preparation of the project grading plans. The proposed drainage improvements as described above would improve the overall on-site drainage system and accommodate the proposed project. The drainage facilities shall be installed at the time of the site development to the satisfaction of the City Engineer. The mitigation measures contained in Section F below would mitigate potential hydrology/water impacts to below a level of significance. These measures are included as a part of the Mitigation Monitoring and Reporting Program. Noise A noise study was prepared by Kimley-Hom and Associates, Inc., Exterior Noise Analysis Report, dated May 1, 2006 to assess potential noise impacts of the proposed project. The noise assessment analyzed the project with respect to the regulations contained in the Chula Vista Municipal Code (noise control ordinance). A copy of the noise study is available for review at the Planning and Building Department. Existing Conditions The project site is currently vacant and surrounded by multifamily residential, commercial, schools and medical facility land uses. The project site is adjacent to Third Avenue and next to a parcel directly adjacent to L Street. The existing noise is primarily generated by traffic that travels along Third Avenue and L Street with existing Average Daily Traffic (ADT) volume of 20,000 and 14,000 vehicles, respectively. Existing Plus Project Conditions 8 The noise generators (traffic) will remain the same, as the proposed project is a mixed use that contains primarily residential and minimal commercial land use. The future traffic volumes projected for Third Avenue and L Street are 25,000 and 15,000 vehicles; an increase of 5,000 and 1,000 vehicles respectively. The commercial space will be locatd at the northeastern portion of the project site at ground level adjacent to Third Avenue. No commercial related significant impacts will result ftom the retail portion of the proposed project; 4,000 square feet of retail use. The future traffic noise will have a maximum level of 53 dBA CNEL at the pool and courtyard areas. The proposed patioslbalconies facing Third A venue will have future noise levels up to 70 dBA CNEL. All other patioslbalconies throughout the project site will be below the 65 dBA CNEL levels. The City's dBA CNEL exterior noise requirement for residential land use is 65 dBA CNEL. The patioslbalconies located adjacent to Third Avenue will be impacted by the future traffic noise levels and will require mitigation to lessen the level of significance. The mitigation recommended is a five- foot sound attenuation barrier along the perimeter of the patiolbalcony. The wall barrier shall be solid in construction with no holes or gaps. In order to maintain a view, the barrier may include glass or plexiglass with a minimum density of 3.5 lbs'/foot,. The mitigation measures contained in Section F below would mitigate future exterior traffic noise impacts to the patioslbalconies adjacent to Third Avenue below a level of significance and in compliance with the City of Chula Vista Noise Ordinance standards. Short- Term Construction Noise Pursuant to Section 17.2.050(1) of the Chula Vista Municipal Code, construction work (including demolition) in residential zones that generates noise disturbing to persons residing or working in the vicinity is not permitted between 10:00 p.m. and 7:00 a.m. Monday through Friday and between 10:00 p.m. and 8:00 a.m. Saturday and Sunday, except when necessary for emergency repairs required for the health and safety of any member of the community. Due to the presence of the adjacent multi-family residential development and sensitive population (medical center) and school, this provision of the Municipal Code applies to the project and would ensure that the residents and occupants would not be disturbed by construction noise during the most noise sensitive periods of the day. Outdoor/Rooftop Mechanical Equipment Noise Heating, ventilation and air conditioning (HV AC) equipment is proposed on the roof ofthe residential buildings. The noise generated by the HV AC equipment would vary depending on the type and size of the mechanical equipment. Based upon the preliminary mechanical plans and lack of complete noise assessment due to unavailability of final rooftop mechanical plans, the study concluded that noise generated from the HV AC could exceed the City's noise standard. Noise impacts related to the outdoor mechanical equipment are considered significant. Therefore, an additional acoustical study shall be required to ensure that the multiple floor interior noise levels of the residential use would not exceed the 45 CNEL standard. 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. Truck Deliveries Due to ample designated commercial parking available on the site, restriction of delivery hours limited between the hours of7:00 a.m. and 10:00 p.m. and State law limiting truck idling, no adverse 9 noise impacts are anticipated. The mitigation measures contained in Section F below would mitigate potential noise impacts to below a level of significance. These measures are included as a part of the Mitigation Monitoring and Reporting Program. Transportation/Traffic To identify potential traffic impacts associated with the project development, a Traffic Analysis Report/Site Access Analysis - Creekside Vistas, Chula Vista dated May 22, 2006_was prepared by REF Consulting, Inc. The traffic analysis 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. Existing Plus Proposed Conditions/Trip Generation The proposed project site is currently vacant. The Creekside Vistas project is proposed as a mixed- use development. The project is forecast to generate approximately 1,496 average daily trips (ADTs); the residential condo portion will generate 1,336 trips and the specialty retail 160 trips. Including 24 inbound and 88 outbound trips during the AM peak hour, and 91 inbound and 43 outbound trips during the PM peak hour. Access The project site is currently accessed via three driveways along Third Avenue that will continue to provide access to the project site. Driveway 1 is located 232 feet south ofL Street and will be used as a Fire Lane. The mid driveway (Driveway 2) !Tom Third Avenue provides access into the parking structure. The floor of the garage will be at the same elevation of Third Avenue and throughout the first floor, therefore, vehicles will not be required to go up or down a ramp. The furthest driveway to the south, Driveway 3, is designated as a private driveway. Surface level parking is provided along this private drive (Private Drive "A"). Residents will take access to the parking structure !Tom Private Drive "A" only. A clear line of sight shall be provided at each driveway based upon required building setbacks, signage and landscaping in accordance with development plans. Parking Surface level and subterranean parking will be provided on site. A total of 28 surface level parking spaces will be provided along a private drive. Approximately 24 parking spaces are allocated for commercial use only and designated as a restricted parking use area. The remaining 340 parking spaces will be provided within the subterranean parking structure (podium). The parking spaces are divided from the commercial parking spaces by a fence within the parking structure. In addition, surface level parking is provided along the private drive "A". In accordance with the City Municipal CodelParking Ordinance (Section 19.62), the proposed project is in confonnance with the required parking code quota. On-Site Circulation/Sight Distance Four interior private roads are provided on site identified on the development plans as the Fire Lane, Private Drive "A", Private Drive "B" and Private Drive "C". Both the Fire Lane and Private Drive "A" dead end on site. There are no sight distance issues anticipated at the Fire Lane off Third Avenue. According to the Fire Department adequate turn around space is provided on each roadway 10 that allows emergency vehicles and vehicle/truck circulation adequate queing and turnaround. In addition, the Fire Lane is 20 feet in width and at the terminus of the fire lane a hammerhead turnaround as reflected in the project design meets the Fire Department standards. Private drives as reflected in the development plans and through project design meet adequate turnaround radius requirements according to the Engineering Department. Private Drive "A" slopes down approximately 5% away ITom Third Avenue. The road crests at the top of the project right-of-way. As exhibited in the development plans, no sight issues occur ITom northbound and southbound traffic. The finished grade of the parking structure is even with the grade of Third Avenue, at that specific location. The building setback is adequate to provide a clear line of sight for vehicles exiting the parking structure onto Third Avenue: The proposed accessibility and circulation have been adequately addressed. No significant traffic impacts will result relative to traffic circulation and site access. Operational Assessment (Intersection) An operational assessment of the signalized intersection at Third Street and L Street was studied as required by the Engineering Department. The intersection is currently operating at a Level of Service "C" and it has been determined that it wiII continue operating at LOS "C" with the project generated traffic trips. No significant intersection/capacity related traffic impacts would result ITom the proposed project. F. Mitigation Necessarv to Avoid Significant Impacts Air Oualitv I. The following air quality construction mitigation requirements shall be shown on all applicable grading, and building plans as details, notes, or as otherwise appropriate, and shall not be deviated from unless approved in advance in writing by the City's Environmental Review Coordinator. The City mitigation measure monitor will ensure compliance ofthe following: . Minimize simultaneous operation of multiple construction equipment units. . 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 twice 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 ITom 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 public roads. . Remove any visible track-out into traveled public streets within 30 minutes of occurrence. . Wet wash the construction access point at the end of each workday if any vehicle travel on unpaved surfaces has occurred. . Provide sufficient perimeter erosion control to prevent washout of silty material onto public roads. . Cover haul trucks or maintain at least 12 inches of freeboard to reduce blow-off during hauling; and II . Suspend all soil disturbance and travel on unpaved surfaces if winds exceed 25 miles per hour. . Any construction equipment exceeding 100 brake-horsepower must meet Tier 3 emission limits during the grading phase of project construction in accordance with the project's Air Quality Impact Analysis dated August 25, 2006. Biological Resources 2. To ensure no indirect impacts to nesting raptors and other migratorv birds occur during construction (including clearing and grubbing) construction activities adiacent to nesting habitat should occur outside of the raptor and general avian breeding season (January 15 to August 31). To a';oid any direst impasto to nesting Faptem and/or migratef)' birds, sonotnwtien muot eeellr olltside of the breeding season for these species (Jal1l1al)' 15 threugh Septen1eer 39). If construction must occur during the breeding season, the applisant shall retain a City appro'/ed biologist to sondust a pre-construction surveys must be performed bv a City-approved biologist to determine the presence or absence of-feF nesting raptors aRd/er migmtor) birds within 300-feet of the construction area and nesting raptors within 500-feet of the construction area. The pre- construction survey must be conducted within 10 calendar days prior to the start of construction, the results of which must be submitted to the City for review and approval. If nesting birds and/or raptors are detected bv the City-approved biologist. a bio-monitor must be present onsite during construction to minimize construction impacts and ensure that 1>Igo nest.:; should beare removed or disturbed until all young have fledged. 3. Prior to issuance of any land development permit, including clearing and grubbing or grading permits, temporary orange biological fencing shall be installed around the one mature Coast Live Oak located adjacent to Telegraph Creek. The applicant shall retain a City-approved biologist to delineate the dripline ofthe Coast Live Oak and monitor the installation of the temporary fencing. This fencing shall be shown on both grading and landscape plans, and installation and maintenance of the fencing shall be verified by the City's Mitigation Monitor. 4. Prior to issuance of any land development, including clearing and grubbing or grading permits, the applicant shall prepare and submit a landscape plan to the City for review and approval. All proposed landscaping shall avoid the use of non-native invasive species including, but not limited to, the species listed in Appendix N of the MSCP Subarea Plan. 5. Prior to issuance of any land development, including clearing and grubbing or grading permits, the applicant shall secure 0.15-acre of Non-Native Grassland (Tier III habitat) in a City- approved location or mitigation bank within the City's Preserve for impacts to 0.3 acre of Non-Native Grassland. In the event mitigation credits are secured in a City-approved location or mitigation bank outside of the Preserve, the applicant shall secure 0.3-acre of Non-Native Grassland habitat at a 1:] ratio. Verification that mitigation credits have been obtained shall be provided to the City prior to approval of any land development permits. Should mitigation credits be secured in a City-approved location outside of a mitigation bank. the applicant shall preoare a Management and Monitoring Plan (MMP) to be submitted to the City for review and approval. The applicant shall also be resoonsible for maintaining the biological integrity of the Non-Native Grassland habitat in perpetuity and shall abide bv all management and monitoring measures identified in the MMP until such time as an appropriate management entity has been identified and approved bv the City. 6. Prior to issuance of any land development permits, including clearing and grubbing or grading permits, the project shall implement Best Management Practices (EMPs) identified in the Storm Water Pollution Prevention Plan. BMPs shall be noted on grading plans and implemented during clearing and site development to the satisfaction of the City Engineer. 12 7. Prior to issuance of any land development permits, including clearing and grubbing or grading permits, the project will be required to obtain a HLIT Permit pursuant to Section 17.35 of the Chula Vista Municipal Code for impacts to Non-Native Grasslands. 8. Prior to issuance of any land development permit, including clearing and grubbing or grading permits, temporary orange biological fencing shall be installed around the wetland resources on the project site that will not be impacted by the proposed project. In addition, the applicant must retain a qualified City-approved biologist to monitor the installation and on-going maintenance of this temporary fencing adjacent to the wetland resources. This fencing shall be shown on both grading and landscape plans, and installation and maintenance of the fencing shall be verified by the City's Mitigation Monitor. 9. Prior to issuance of anv land development permit. including clearing and grubbing or grading permits. the applicant shall designate the area of wetland resources onsite as an open space parcel to ensure no future development is permitted within this area. 10. Prior to issuance of anv land development permit. including clearing and grubbing or grading permits. the applicant shall prepare a Management and Monitoring Plan (MMP) to be submitted to the Citv for review and approval. The applicant shall also be responsible for maintaining the biological integritv of the required open space area in perpetuitv and shall abide bv all management and monitoring measures identified in the MMP until such time as an appropriate management entitv has been identified and approved bv tl1e Citv. Prior to issuance of anv land development pennit. including clearing and grubbing or grading permits. the applicant shall provide evidence to the Citv that a Citv-approved biologist has been retained to monitor and manage the o\,en space parcel until an appropriate management has been identified. Geologv and Soils <)., 11. Prior to the issuance of construction permits, the applicant shall provide evidence to the City Engineer and the City Environmental Review Coordinator that all the recommendations in the Preliminary Geological Reconnaissance Report, dated July 7, 2006 have been satisfied. Hazards and Hazardous Materials -w'12. In the event anyon-site or offsite conditions change, specifically related to the LUST/monitoring well site adjacent to the north, additional assessment may be necessary by a qualified environmental professional to assess those areas of concern and potential impacts to the project site. This may include the preparation and submittal of a written analysis, identifYing the areas of concern with appropriate measures, to the Environmental Review Coordinator and San Diego Regional Water Quality Control Board (RWQCB) for review. Hvdrology and Water Ouality +h 13. Due to the location of the project next to a waterway and potential for substantial impacts to water quality, the applicant/developer shall be required to implement post-construction Best Management Practices (BMPs) to the Maximum Extent Practicable, including the use of high pollutant removal efficiency treatment BMPs to the satisfaction of the City Engineer. +;h 14. Prior to the issuance of a grading permit, a final drainage study shall be required in conjunction with the preparation of final grading plans. 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. 2001-0 I with respect to construction-related water quality best management practices. If one or more of the approved post-construction BMPs is non- structural, then a post-construction BMP plan shall be prepared to the satisfaction of the City Engineer prior to the commencement of construction. Compliance with said plan shall become a permanent requirement of the Mitigation Monitoring and Reporting Program. 13 -hh 15. Prior to issuance of a grading permit, including clearing and grubbing actlvll1es, temporary desilting and erosion control devices shall be installed. Protective devices, as determined by the City Engineer, will be provided at every storm drain inlet to prevent sediment from entering the storm drain system or entering the Telegraph Creek Channel. These measures shall be reflected in the grading and improvement plans to the satisfaction of the City Engineer and Environmental Review Coordinator. Noise ++ 16. A 5-foot high noise sound barrier wall shall be installed around the perimeter of the patio/balconies adjacent to Third A venue. The height of the sound barriers is based upon the finished pad elevation of the patio/balcony and must be solid in construction with no holes or gaps. To preserve a view, glass or plexiglass with a minimum density of 3.5 Ibs/foot, may be substituted for other construction materials. The sound barrier shall be constructed in accordance with the revised noise study dated May I, 2006, and with the development and grading plans to the satisfaction of the City Engineer and Environmental Review Coordinator. ~17. Pursuant to Section 17.24.050(J) of the Chula Vista Municipal Code, project-related grading or construction activities shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. Monday through Friday and between 10:00 p.m. and 8:00 a.m. Saturdays and Sundays. * 18. All construction equipment shall operate and be maintained to minimize noise generation. Equipment and construction vehicles shall be kept in good repair and fitted with "manufacturer- recommended" mufflers. ++'19. The construction equipment storage area shall be located in an area of the project site furthest away from the adjacent medical center and adjacent residential properties. This area shall be indicated on the development and grading plans to the satisfaction of the City Engineer and Environmental Review Coordinator. +&20. Prior to approval of building permits, the applicant shall submit a subsequent noise study to the satisfaction of the Environmental Review Coordinator demonstrating that the final roof- mounted HV AC and other roof mounted equipment complies with the City's noise control ordinance at the property boundaries of 45 dBA Leq (one hour) during nighttime hours and 55 dBA Leq (one hour) during daytime hours or ambient noise levels, whichever is greater. +9,2L_All rooftop pumps, fans, and air conditioners/heating units on the project buildings shall include appropriate noise abatement and be screened by a minimum three-foot high rooftop parapet that blocks the line-of-site view from the backyards of the nearby residential properties to the exposed roof and mechanical ventilation systems. ~22. Truck deliveries shall be restricted between the hours of7:00 a.m. and 10:00 p.m. ~23. ___All diesel delivery trucks shall turn off their engines during unloading/unloading activities at the designated commercial parking areas whenever possible. In the event a delivery truck is not able to immediately enter the designated commercial parking areas, the diesel truck idling shall be restricted to a five-minute limitation in accordance with State law. No truck loitering shall be allowed on the parking lots or surrounding project area. 14 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 within Mitigated Negative Declaration IS-06-008, 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 hnpact Report. /,,' 7)/ rCe-tv/' u714s tv~lso" ~rnJ~-S le//9/o(" Date' . ex 'C.~ Signatu~pplicant (or authorized representative) /0/;<;/0, . / Date N/A Printed Name and Title of Operator (if different from Applicant) Date N/A Signature of Operator (if different from Applicant) Date 15 H. Consultation I. Individuals and Organizations City of Chula Vista: Steve Power, Planning and Building Department Luis Hernandez, Planning and Building Department Frank Alvarez, Community Development Steve Power, Planning and Building 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 Al-Agha, Engineering Division Hasib Baha, Engineering Division Khosro Aminpour, Engineering Division Rima Thomas, 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 ofChula Vista General Plan Update, 2005. Final Environmental Impact Report, City ofChula Vista General Plan Update, EIR No. 05-01, December 2005. City of Chula Vista MSCP Subarea Plan, February 2003. Traffic Impact Analysis for Creekside Vistas, Chula Vista, CA and dated May 22, 2006 (RBF Consulting). Noise Impact Analysis for Creekside Vistas, Chula Vista, CA and dated May I, 2006 (Kimley- Horn and Associates, Inc.). 16 Biological Resources Report (General Biological Survey and Jurisdictional Wetland Delineation) for the Proposed Creekside Vistas, Chula Vista, CA and dated July 13, 2006 (Merkel & Associates, Inc.). Phase I Environmental Site Assessment for 912, 930 and 942 Third Avenue, Proposed Creekside Vistas Project, Chula Vista, San Diego County, CA and dated July 7, 2005 (Leighton and Associates, Inc.). Phase II Environmental Site Assessment for 912, 930 and 942 Third Avneue, Chula Vista, San Diego County, CA and dated August 12, 2005 (Leighton and Associates, Inc.). Air Quality Impact Analysis for the Proposed Creekside Vistas, Chula Vista, CA and dated August 25,2006 (Hans Giroux, Inc.). Preliminary Geological Reconnaisance for the Proposed Residential Development, Third Avenue, Chula Vista, CA and dated July 7, 2005 (Leighton and Associates, Inc.). Preliminary Drainage Report for the Proposed Creekside Vistas Project, Chula Vista, CA and dated February 2006 (Project Design Consultants). Cultural Resource Survey for the Proposed Creekside Vistas Project near L Street and Third Avenue, Chula Vista, CA and dated January 13,2006 (ASM Affiliates). Water Quality Technical Study for the Proposed Creekside Vistas Project, Chula Vista, CA and dated August 2006 (Project Designs Consultants). 3. Initial Studv This environmental detennination is based on the attached Initial Study, and any comments received in response to the Notice of Initial Study. The report reflects the independent judgment of the City ofChula Vista. Further information regarding the environmental review of this project is available trom the Chula Vista Planning and Building Department, 276 Fourth Avenue, Chula Vista, CA 91910. Date: 10 II ~!oi /' J :\Planning\MARlA \Initial Study\Creekside Vistas\IS-06-008DraftMND.doc 17 San Diego Country Golf Course C HULA VISTA PLANNING AND BUILDING DE PARTM E NT LOCATOR PROJECT Creekside Vistas, LLC. Cia PROJECT OESCRIPTION: ~ APPLICANT: Douglas Wilson Companies. DESIGN REVIEW PROJECT 914-942 Third Av. Proposal is for 167 multi-family residential units and 4,000 sq. fl. ADDRESS: of ground floor retail commercial. SCALE: FILE NUMBER: NORTH No Scale IS-06-008 Related cases: P~6-Q6, PCZ-QIHJ4, DRC-Q6-35, PCC-Q6-Q26 J:\plan n ing\carlos\locatars\IS06008. cdr 04.25.06 EXHIBIT "A" , - ---~---_.._.._~_...- ~1'J>'''''f'''''k. ~_~~N_~___ ---- _ VWtM. ~ -~&I= . Creekside Vistas o I:<TQYJ;2EQl"JPy'f:J<;: . ~.ArCt\!tec ture._.. 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III ... ~ '- ~o:.oo.ID ::;;IJ..U 1J..(f] "" .~ <t' '" ~ ~..coiJ . ~ OJ JJ"" B "",OD. 0 ATTACHMENT "A" MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) CREEKSIDE V1ST AS - 1S-06-008 This Mitigation Monitoring and Reporting Program has been prepared by the City of Chula Vista in conjunction with the proposed Creekside Vistas project. -The proposed project has been evaluated in an Initial StudylMitigated Negative Declaration prepared in accordance with the California Environmental Quality Act (CEQA) and City/State CEQA Guidelines (IS-06-008) 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. Biological Resources 3. Geology and Soils 4. Hazards/Hazardous Materials 5. Hydrology and Water Quality 6. Noise 7. Transportation/Traffic MONITORING PROGRAM Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinators shall be the Environmental Review Coordinator and City Engineer of the City of Chula Vista. The applicant shall be responsible to ensure that the conditions of the Mitigation Monitoring and Reporting Program are met to the satisfaction of the Environmental Review Coordinator and City Engineer. The applicant shall provide evidence in written form confirming compliance with the mitigation measures specified in Mitigated Negative Declaration IS-06-008 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-06-008, which will be implemented as part of the project. In order to determine if the applicant has implemented the measure, the method and timing of verification are identified, along with the City department or agency responsible for monitoring/verifying that the applicant has completed each mitigation measure. Space for the signature of the verifying person and the date of inspection is provided in the last column. J :\Planning\MARIA \Initial Study\Creekside Vistas\IS-06-008MMRPtext.doc E i" <:: B '" o :2 <:: .2 ro ~ '" o o <D o cf2 "' OJ 10 :> " "0 .;;; ~ " " o .... ~ .c ns I- " " " E E 0 () " " 1;; " G; '" Q. " ~ E OJ 0 "' () E " :is :!E .~~ ~ 0.. "-l!.- e> " " 0 lit Ir a.. e> -.. z IItcn 00 ~ D..o - 0>" 0 ~<:: o. 'J:C: a.. 0.9: ,0 W 0I'!;j cu Ir <:: U f-- .- &;: .. 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Q)~ ~ g'~"O~.Q :3 g'~.~ Q)~..I! g 'C'C~t5~:S.s~ =t'Um::loU)S~ <(.Qa..bu~U)a. - o I!! ~ o -" " '" c: " " ~ " .0 "0 " .g 1;; ~ " E .00. mo -"0 (1)6 "'~ .~ -g .~ t'U ~~ ~'" "0 ~o ..::r:..: oj N ~ ..; N ;1i 00 o gr 0.. o o "0 :is ~ ~ ~ '" 9 ~ 9 ~ E ~ :;: u ~ " o o U '" "0 '" ~ ] .2 ~ ~ ~ c: .2 c . ~ ~ --.':01~ ~T- --~ ENVIRONMENTAL CHECKLIST FORM 01Y OF CHUIA VISfA 1. Name of Proponent: Creekside Vistas, LLC Douglas Wilson Companies 2. Lead Agency Name and Address: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91911 3. Addresses and Phone Number of Proponent: Creekside Vistas, LLC c/o Douglas Wilson Companies 450 B Street, Suite 1900 San Diego, CA 92101 (619) 641-1141 4. Name of Proposal: Creekside Vistas 5. Date of Checklist: August 28, 2006 6. Case No. IS-06-008 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 a new source of substantial light or glare, which would adversely affect day or nighttime views o o o . 1 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact in the area? 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, Third Avenue is not designated a scenic roadway nor does the site contain any buildings. c) The project site is within an urbanized area surrounded by commercial and various residential uses. The project site is planned for future mixed-use residential land use according to the General Plan Update. The development of a planned mixed use commercial and residential development would not substantially degrade the existing visual character or quality of the site or surrounding area. Project will be reviewed by the Chula Vista Design Review Commission to ensure compatibility with the aesthetic quality of the community. d) The proposal will be required to comply with the City's minimum standards for roadway lighting. The project will be required to comply with the light and glare regulations (Section 19.66.100) of the Chula Vista Municipal Code (CYMe). Compliance with these regulations will ensure that no significant glare, or light would affect daytime or nighttime views in the surrounding residential neighborhood area or adjacent roadways. Preliminary lighting plans indicate proper shielding to ensure that lighting does not spill horizontally beyond the development boundaries. As conditioned, a final lighting plan shall be submitted to the Environmental Review Coordinator for review. See Mitigated Negative Declaration, Section E, under the Biological Resources Section for potential biological resource/indirect lighting impacts. Mitil!ation: No mitigation measures are required. II. AGRICULTURAL RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, or 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? o o o . b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? o o o . c) Involve other changes in the existing environment, which, due to their location or nature, could result in o o o . 2 Issues: conversion of Farmland, to non-agricultural use? Commeuts: Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact a-c) The project site is presently located in a developed urbanized area. The project site is neither in current agricultural production nor adjacent to property in agricultural production and contains no agricultural resources or designated farmland areas. Mitil!ation: No mitigation measures are required. III. AIR QUALITY. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result III 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? o o . o o o . o o o . o D D D . 3 Issues: e) Create objectionable odors affecting a substantial number of people? Comments: a-e) See Mitigated Negative Declaration, Section E. Less Than Potentially Significant Less Than With Significant Mitigation Significant No Impact Impact Incorporated Impact 0 0 . 0 Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant air quality impacts to a level of less than significance. IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any specIes identified as a candidate, sensitive, or special status specIes III 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 U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? 4 o o o . o o o . o o o . Issues: d) Interfere substantially with the movement of any native resident or migratory fisb or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? I) Conflict with the proVIsIOns of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Comments: a-I) See Mitigated Negative Declaration, Section E. Less Than Potentially Significant Less Than With Significant Mitigation Significant No Impact Impact Incorporated Impact D D . D D D D . D D . D Miti!!ation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant biological resources impacts to a level of less than significance. v. CULTURAL RESOURCES. Would the project a) Cause a substantial adverse change in the significance of a historical resource as defined in State CEQA Guidelines 9 l5064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to State CEQA Guidelines 9 l5064.5? c) Directly or indirectly destroy a unique paleontological D D . D D D . D D D . D 5 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries. D D D . Comments: a) In order to determine potential historic impacts a cultural resource survey was prepared by ASM Affiliates on January 13, 2006. The project site is currently vacant and based upon the study potentially historic structures identified during records search have since been destroyed and hauled away years ago. No evidence of historical materials or historic resources is remaining or identified on the project site. No substantial adverse change in the significance of a historical resource as defined in State CEQA Guidelines 9 15064.5 was applicable. b) An archaeological survey, was conducted by Tim Gross in 1975 for the U.S. Army Corps of Engineers examined areas along the Telegraph Canyon Creek, which runs along the northwest portion of the project site. Based upon this extensive survey of the whole project site, no historical or cultural resources were identified and no previously recorded sites are located within the project boundaries. Therefore, no archaeological resources will be impacted by the proposed construction, and no further investigations are recommended for this project. No substantial adverse change in the significance of an archaeological resource as defined in State CEQA Guidelines 9 15064.5 was applicable. c) Based on the level of previous disturbance to the site, no impacts to unique paleontological resources or unique geologic features are anticipated. d) Based upon the cultural resource study and previous disturbance, no human remains are anticipated to be present within the impact area of the project. 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: t. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? D D D . 6 u. 111. IV. b) Issues: Strong seismic grOlmd shaking? Seismic-related ground failure, including liquefaction? Landslides? 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? Potentially Significant Impact D D D D D D D Less Than Significant With Mitigation Incorporated D D D . D D D Less Than Significant Impact . D D D D . . No Impact D . . D . D D Mitil!ation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant geology and soils impacts to a level ofless than significance. 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? Comments: a-e) See Mitigated Negative Declaration, Section E. 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? 7 D D D . Issues: 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, including where wildlands are adjacent to urbanized areas or where residences are intelTI1ixed with wildlands? 8 Potentially Significant Impact D D D D D D D Less Tban Significant With Mitigation Incorporated . D D D D D D Less Than Significant Impact D D D D D D D No Impact D . . . . . . Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a-h) See Mitigated Negative Declaration, Section E. Miti!!ation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant hazards/hazardous material impacts to a level ofless than significance. VID. 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? o . o o b) Substantially deplete groundwater supplies or interfere 0 0 0 . substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Result in a potentially significant adverse impact on groundwater quality? c) Substantially alter the existing drainage pattern of the 0 0 . 0 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 0 0 . 0 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 9 Less Than Potentially Significant Less Than With Issues: Significant Mitigation Significant No Impact Impact Incorporated Impact would impede or redirect flood flows? e) Expose people or structures to a significant risk ofloss, 0 0 . 0 injury or death involving flooding, including flooding as a result of the failure of a levee or dam? f) Create or contribute nmoff water, which would exceed 0 0 . 0 the capacity of existing or planned storrnwater drainage systems or provide substantial additional sources of polluted runoff? Comments: (a-f) See Mitigated Negative Declaration, Section E. Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant hydrology and water quality impacts to a level ofless than significance. VIII. 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 pwpose of avoiding or mitigating an environmental effect? D o D . c) Conflict with any applicable habitat conservation plan or natural community conservation plan? o . o o 10 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a) The proposed commercial/residential infill project would be consistent with the character of the surrounding mixed-use area and, therefore, would not disrupt or divide an established community. b) The project site is within the CCP (Central Commercial!Precise Plan) Zone and MUR (Mixed Use Residential) General Plan designations. The project has been found to be consistent with the applicable zoning regulations, General Plan, Montgomery Specific Plan guidelines and regulations and Added Area Redevelopment Plan. c) Refer to Mitigated Negative Declaration, Section E. Potential short-term construction noise/raptor nesting and biologically sensitive impacts in accordance with the Multiple Species Conservation Program Subarea Plan (MSCP) are addressed in the Mitigated Negative Declaration, under Biological Resources. Mitil!ation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant land use and planning impacts to a level ofless than significance. 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? D D D . 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? D D D . 11 Issues: Comments: Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact a) The project site has been previously disturbed with commercial and residential 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. Therefore, no loss or impacts to mineral resources are anticipated as a result of the proposed proj ect. b) The State of California Department of Conservation has not designated the project site for mineral resource protection. According to the General Plan Update there are no regionally significant resource areas in western Chula Vista and no mining activities currently occurring. Therefore, no impacts to a locally known mineral resource or availability are anticipated as a result of the proposed project. Miti2ation: 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 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 mcrease m 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 12 D D D . D D . D D D D . o o o . D D . D Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? D D D . Comments: a-d) See Mitigated Negative Declaration, Section E. e) The project is not located within an airport land use plan nor within two miles of a public airport or public use airport; therefore, the project would not expose people residing or working in the project area to excessive noise levels. f) The project is not located within the vicinity of a private airstrip; therefore, the project development would not expose people working in the project area to excessive noise levels. Mitil!ation: 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)? D D D . b) Displace substantial munbers of existing housing, necessitating the construction of replacement housing elsewhere? D o o . c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? D D D . 13 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a-c) The project is surrounded by residences, retail businesses, schools, a church and private medical facility. The proposed project does not involve the extension of public facilities or roadways (Third Avenue or "L" Street) that would induce substantial growth. Future residential development of the site for the proposed 167 multi-family residential units is consistent with the General Plan and would not exceed the regional or local population projections. The proposed project would not involve displacement of existing housing or individuals nor necessitate replacement housing, as the site is currently vacant. No significant population and housing impacts will be created as a result of the proposed project. Mitil!ation: No mitigation measures are required. XIII. PUBLIC SERVICES. Would the project: a) 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 perfonnance objectives 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 . 14 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a) According to the Fire Department, adequate fire protection services can continue to be provided to the site. The applicant will be required to comply with the Fire Department policies for fire hydrants placement, fire truck turnarOlmd and new building construction. Based upon project design and proposed development of the e.mergency access, queing/routing and turnarounds no significant environmental impacts were identified. The City's Fire performance objectives and thresholds will continue to be met. b) According to the Chula Vista Police Departmen~ adequate police protection services can continue to be provided upon completion of the proposed project. The proposed project would not have a significant effect upon or result in a need for substantial new or altered police protection services. The City's Police performance objectives and thresholds will continue to be met. A preliminary security lighting plan was submitted for review by the City's Police Departtnent and Planning Department. The proposed lit areas include an outside seating area near the channel, perimeter exterior and interior areas of the site. Based upon the lighting plan and project design, including proper shielding to ensure that lighting does not spill horizontally beyond the development boundaries, no significant environmental impacts were identified. c) According to the Chula Vista Elementary School District letter dated January 5, 2006, the applicant would be required to pay the statutory building permit school fees for the proposed residential construction and an altemative financing mechanism such as participation in or annexation to a CFD is recommended. Additionally State law provides for a development fee for the non-residential use, any new connnercial space proposed for the project. The fee is proportionally shared with the Chula Vista School District and the Sweetwater Union High School District. The proposed project would not induce substantial population growth; therefore, no significant adverse impacts to public schools would result. d) The proposed project would not induce significant population growth, as it is a residential infill project. However, the applicant shall be required to pay Park Acquisition and Development Fees (PAD) in accordance with Chapter 17.10 "Parklands & Public Facilities" of the city ofChula Vista Municipal Code. e) Because the proposed project would not induce significant population growth, it would not create a demand for neighborhood or regional parks or facilities or impact existing park facilities. f) The project site is within the boundaries of the City of Chula Vista wastewater services area. The existing area sewer facility system includes an existing 8-inch sewer line along Third A venue. There is an existing manhole located at the end of the southerly driveway. The City has required a 15-foot width access for existing and proposed public sewer systems and any new manholes, for use by their maintenance vehicles, heavy equipment and emergency services. Paved access must be provided to within five feet of this manhole on a relatively flat surface. The manhole shall be replaced with a watertight feature since it is within the path of drainage. These improvements are indicated on the tentative map and the easement access will be required on the final map. The onsite sewer improvements and laterals are proposed to each building and or condo unit to the City public sewer main. No private or public improvements will be allowed within the 100-year floodway and wetlands and no improvements as designed would impact the channel or identified sensitive habitat. 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 and emergency services of the proposed sewer lines. The proposed project would not have a significant effect upon or result in a need for new or expanded govennnental services and could continue to be served by existing public infiastructure. Miti2ation: No mitigation measures are required. 15 Issu es: 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? 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 o Less Than Significant With Mitigation Incorporated o o Less Than Significant Impact o 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. Miti!!ation: No mitigation measures are required. XV. TRANSPORTATION / TRAFFIC. Would the proj ect 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 16 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 location that results in substantial safety risks? d) Substantially increase hazards due to a design feature 0 0 . 0 (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? 0 0 0 . 1) Result in inadequate parldng capacity? D D D . g) Conflict with adopted policies, plans, or programs 0 0 . D supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Comments: 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? 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 stonn water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? o . o o 17 Issues: d) Have sufficient water supplies available to serve the project trom 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? 18 Potentially Significant Impact D D D D Less Than Significant With Mitigation Incorporated D D D D Less Than Significant Impact D . . . No Impact . D D D 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 urban area that is served by all necessary utilities and service systems. No exceedance of wastewater requirements of the Regional Water Quality Control Board would result ftom the proposed project. b) The proposed project area is within the Sweetwater District Water service territory according to written communications dated December 5, 2005 and March 27,2006. An existing l2-inch water main is located on the eastside of Third A venue. There are three existing domestic water services to the parcels, which will not be adequate supply for the new construction. The proposal shows a 6-inch domestic water line with a proposed public water easement. It is reconunended that the largest domestic service for this type of project be a 2-inch line. The applicant must submit a plan that includes the total fixture unit count of all proposed new plumbing fixtures, so that appropriate services sizes can be determined. All water meters and public water facilities for the project must be located in the public right of way on Third A venue. Private onsite fIre hydrants and fIre services for the building sprinklers will be served by the private onsite fire services located in the public right of way, but clear of driveway apron. The applicant shall be required to coordinate with the Water District for proper design guidance including any new and existing water services will be required to be installed with backflow prevention assemblies and if applicable, proper check detectorslbackflows for fIre protection systems. The project has been conditioned to comply with the Sweetwater District Water regulations and standards. The surrounding sewer main is an 8-inch sewer line located along Third Avenue. The proposed improvements include the extension of the existing main and lateral connection on site. The applicant shall be required to submit a fmal sewer plan to the satisfaction of the City Engineer. No significant impacts would result ITom the proposed proj ect. c) See Mitigated Negative Declaration, Section E. The potential discharge of silt during construction activities could impact the storm drain system and adjacent channeVTelegraph Canyon Creek. Appropriate erosion control measures will be identified in conjunction with the preparation of final grading plans to be implemented during construction. The proposed project is subject to the NPDES General Construction Pennit requirements and shall obtain permit coverage and develop a Storm Water Pollution Prevention Plan (SWPPP) prior to issuance of grading permits. In addition, the project shall be required to implement post-construction Best Management Practices (BMPs) to the Maximum Extent Practicable, including the use of high pollutant removal efficiency treatment BMPs. The project shall be conditioned to implement construction and post-construction water quality Best Management Practices (BMPs) for storm water pollution prevention in accordance with the Chula Vista Standard Urban Storm Water Mitigation Plan (SUSMP). d) The project site is within the potable water service area of the Sweetwater District. The proposed project will be required to construct expansions to existing water facilities as described in Section b above. e) See XV!.a. and b. t) The City of Chula Vista is served by regional landfills with adequate capacity to meet the solid waste needs of the region in accordance with State law. g) The proposal would be conditioned to comply with federal, state and local regulations related to solid waste. Miti!!ation: See Section E of the Mitigated Negative Declaration; refer to Hydrology and Water Quality. The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate identifIed hydrology and water quality impacts to a level ofless than significance. 19 Issues: XVII. THRESHOLDS Will the proposal adversely impact the City's Threshold Standards? A. Library The City shall cons1ruct 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 cons1ruction of said facilities shall be phased such that the City will not fall below the city-wide ratio of 500 GSF per 1,000 population. Library facilities are to be adequately equipped and staffed. 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 dtuing the peak two hours of the day at signalized intersections. Signalized intersections west of 1-805 are not to operate at a LOS below their 1991 LOS. No intersection may reach LOS "E" or "Fit during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this Standard. 20 Potentially Significant Impact D D D D Less Than Significant With Mitigation Incorporated D D D D Less Than Significant Impact No impact D . D . D . D . Less Than Potentially Significant Less Than With Issues: Significant Mitigation Significant No Impact Impact Incorporated Impact E) Parks and Recreation Areas 0 0 0 . The Threshold Standard for Parks and Recreation is 3 acres of neighborhood and community parkland with appropriate facilitiesll ,000 population east ofI-80S. F) Drainage 0 0 0 . 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 Planes) and City Engineering Standards. G) Sewer o o o . The 11rreshold 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 o o o . The 11rreshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and that water quality standards are not jeopardized during growth and construction. Applicants may also be required to participate in whatever water conservation or fee off-set program the City of Chula Vista has in effect at the time of building permit issuance. 21 Issu es: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a) The project is a mixed-use project containing 167 residential units and a retail use. However, it would not significantly induce population growth; therefore, no impacts to libraI)' 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 wouid occur as a result of the proposed project. Police Department states that they can continue to provide service at current levels No adverse impact to the City's Police threshold standards would occur as a result of the proposed project. c) According to the Fire Department, adequate fire protection and emergency medical services can continue to be provided to the 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. Additionally, will provide additional fire hydrants and services. 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) See Mitigated Negative Declaration, Section E. g) The proposed project would not induce significant population growth, as it is a residential infill project and would not impact existing or proposed recreational facilities. However, the applicant shall be required to pay Park Acquisition and Development Fees (PAD) in accordance with Ordinance No. 2945 adopted by City Council on January 6, 2004. 1) The applicant proposes new drainage facilities, filtration and 1Ieatment systems on the project site in order to properly convey stonnwater ttom the developed site to existing city drainage facilities thus avoiding impacts to the nearby waterwayffelegraph Canyon Creek. In order to avoid drainage impacts mitigation is required. See Mitigated Negative Declaration, Section E. g) The project site is within the boundaries of the City of Chula Vista wastewater services area. The existing area sewer facility system includes sewer lines along Third A venue and L S1Ieet The applicant shall be required to submit a fmal sewer plan indicating appropriate sewer lines and laterals to the satisfaction of the City Engineer. The applicant is required to grant an easement, including a 15-foot access road, to the City ofChula Vista wastewater service for the purpose of maintenance and emergency services of the proposed sewer lines and sewer manholes. No adverse impacts to the City's sewer system or City's sewer threshold standards will occur as a result of the proposed project. h) The proposed project area is within the Sweetwater District Water service territory according to written communications dated December 5, 2005 and March 27, 2006. An existing 12-inch water main is located on the eastside of Third A venue. There are three existing domestic water services to the parcels, which will not be adequate supply for the new construction. The proposal shows a 6-inch domestic water line with a proposed public water easement. It is recommended that the largest domestic service for this type of project be a 2-inch line. The applicant must submit a plan that includes the total fixture unit count of all proposed new plumbing fixtures, so that appropriate services sizes can be determined. All water meters and public water facilities for the project must be located in the public right of way on Third A venue. Private onsite fire hydrants and fire services for the building sprinklers will be served by the private onsite fIre services located in the public right of way, but clear of driveway apron. The applicant shall be required to coordinate with the Water District for proper design guidance including any new and existing water services will be required to be installed with backflow prevention assemblies and if applicable, proper check detectorsJbackflows for fire protection systems. The project has been conditioned to comply with the Sweetwater District Water regulations and standards. Project impacts to the Authority's storage, treatment, and transmission facilities would be less than significant. Mitigation: No mitigation measures are required. 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 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 o o o . o o . o o o o . a) See Mitigated Negative Declaration, Section E. Potential short-term construction noise/raptor nesting and biologically sensitive impacts are addressed in the Mitigated Negative Declaration, Section E, under Biological Resources. 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) The project site has been previously disturbed with similar land uses. Therefore, the project will not cause substantial adverse effects on human beings, either directly or indirectly, as the proposed project has been mitigated to lessen any potential significant impacts to a level ofless than significance. 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-06-008. XX. 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 in the Mitigated Negative Declaration IS-06-008, 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. 9 j; /0 { , ( Date -- R:' ,J;Y.,,'-'c/-e/1 / a/la ,//J j)1/e~(dr Printed ame and Title of Applicant {PC<'5/';'5 /0 IJ-,.'7 07"'''''/<<:-' (or Authorized Representative) L~-7('(_ ~vJ?~ Signature of Applicant (or Authorized Representative) '7~~. C / " Date Printed Name and Title of Operator (if different ITom Applicant) Date Signature of Operator (if different ITom Applicant) Date 24 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. D Land Use and Planning . Transportation/Traffic D Population and Housing .Biological Resources . Geophysical D Energy and Mineral Resources D Public Services D Utilities and Service Systems D Aesthetics D Agricultural Resources . Hydrology/Water . Hazards and Hazardous Materials D Cultural Resources . Air Quality D Paleontological Resources . Noise D Recreation . Mandatory Findings of Significance 25 XXII. DETERtVlINATION: On the basis of this initial evaluation: I find that the proposed project could not have a significant effect on the 0 environment, and a Negative Declaration will be prepared. I find that although the proposed project could have a significant effect on the . environment, there will not be a significant effect in this case because revisions in the project have been made or agreed to by the project proponent. A Mitigated Negative Declaration will be prepared. I find that the proposed project may have a significant effect on the environment, 0 and an Environmental Impact Report is required. I find that the proposed project may have a "potentially significant impact" or 0 "potentially significant unless mitigated" impact on the environment, hut 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) 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. ~ J :\Planning\MARIA \In itial Study\Creekside Vistas\IS06008CreeksideV istasISChecklist.doc 26