Loading...
HomeMy WebLinkAboutPlanning Comm Reports /2006/10/18 AGENDA SPECIAL MEETING OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA 6:00 p,m, Wednesday, October 18,2006 Council Chambers 276 Fourth Avenue Chula Vista, CA CALL TO ORDER: ROLL CALUMOTIONS 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: PCS 04-06; Consideration of a Tentative Subdivision Map to divide a 2,06 acre project site into 10 residential lots, Villas Del Mar, LLC. (Quasi-Judicial) Project Manager: Jeff Steichen, Associate Planner 2. PUBLIC HEARING: GPA 07-01; Proposed General Plan Amendment Mobile Home Overlay District (Legislative) Project Manager: Ed Batchelder, Advance Planning Manager 3. PUBLIC HEARING: PCM 06-10; Consideration of a miscellaneous application to rename the northern 2,000 feet of Hunte Parkway to Salt Creek Drive. Applicant: Salt Creek Golf, LLC(Quasi-Judicial) Project Manager: Brian Catacutan, Assistant Planner 4. 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 Planning Commission - 2- October 18, 2006 5. 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 DIRECTOR'S REPORT: COMMISSION COMMENTS: ADJOURNMENT: To a regular Planning Commission meeting on October 25,2006. COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, request such accommodations at least forty-eight hours in advance for meetings, and five days for scheduled services and activities. Please contact Diana Vargas for specific information at (619) 691.5101 or Telecommunications Devices for the Deaf (TDD) at 585-5647. California Relay Service is also available for the hearing impaired. PLANNING COMMISSION AGENDA STATEMENT Item' L. Meeting Date: 10/1 II/lOti ITEM TITLE: PUBLIC HEARING: PCS-04-06; Consideration of a Tentative Subdivision Map to divide 2.06 acre project site into 10 residential lots - Villas Del Mar, LLC. This is a request by the applicant, Villas Del Mar. LLC, to divide the 2.06 acre project site into a 10 lot standard residential subdivision ("Project"). While the previous project requested 12 residential lots with one common lot. the request was revised based upon issues raised at the May 10, 2006 Planning Commission. Along with the reduction in number of lots, the originally requested rezone and precise plan are no longer necessary. The Project is located on the west side of North Del Mar Avenue, north of C Street ("project site"). The Environmental Review Coordinator had reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study (IS-04-022) in accordance with the California Environmental Quality Act. Based upon the results of Initial Study, the Environmental Review Coordinator has determined that the project could result in significant effects on the environment. However, revisions to the project made by, or agreed to by, the applicant would avoid the effects or mitigate the effects to a point where clearly no significant impacts would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-04-22. The Environmental Review Coordinator has determined that the changes to the currently proposed project are minor with no additional environmental impacts or issues that are not already covered under the Mitigated Negative Declaration IS-04-022 addressed in the previous project. Therefore, pursuant to CEQA Guidelines Section 15073.5(c) recirculation of the Mitigated Negative Declaration is not required. RECOMMENDATION: Adopt attached Resolution PCS-04-06A recommending that the City Council I) rescind previous action taken on original project at the meeting of May 10, 2006 and 2) approve the proposed Tentative Subdivision Map based on the findings and subject to the conditions contained in the attached City Council Resolutions. DISCUSSION: Background On March 6, 2006, the Resource Conservation Commission (RCC) determined that the Initial Study IS-04-022 for the Project was adequate, and recommended adoption of the Mitigated Negative Declaration IS-04-022. For reasons stated above. the redesign of the project does not Page 2, Item: Meeting Date: 1 Of! RjOfi require any additional environmental review. On May 10, 2006 the Planning Commission considered the previous project. Following staffs presentation, public testimony was held which expressed concerns over potential negative impact of the previously proposed development on the surrounding area. Following public testimony, the Planning Commission also expressed concerns over the compatibility of the previous project with surrounding existing development. Specifically, the commission was concerned with I) the number and size of proposed residential lots and 2) requested deviations from development standards needed to develop the project. The Planning Commission then proceeded to vote (5-0) to recommend denial of the project to the City Council (see attachment 3) Following the Planning Commission meeting, the applicant has worked with staff in an effort to develop a revised project which addresses the concerns of the Planning Commission and the surrounding residents. As a result, the applicant has I) reduced the number of lots to ten; 2) increased the average lot size to 7,040 square feet and 3) eliminated the need for a rezone or precise plan. Pursuant to Chula Vista Municipal Code Section 2.04.570(B), the revised project is being brought back to the Planning Commission with a two part request: I) that the Planning Commission rescind their previous action of May 10. 2006 and 2) that the Planning Commission consider the revised project proposed by the applicant. On September 7, 2006, a neighborhood meeting was conducted with residents of the area surrounding the project to discuss the revised tentative map proposal. The neighbors concerns can be put into the follow categories: I) guest parking and its enforcement 2) private road access 3) traffic. Each of these issues will be discussed in detail in the body of this report. Project Site Characteristics The project is an elongated shaped parcel located on the west side of North Del Mar Avenue. The site slopes downward from the street frontage to the west. Except for the existing occupied single-family residence on the easternmost portion of the site (near North Del Mar Avenue), the site is vacant. It is currently enclosed by chain link fencing. Surrounding Land Uses The project site currently contains one (1) single family residence, which the applicant proposes to remove. The predominant surrounding land use is single family residential. Apartments and a mobile home park abut the southwest and western portion of the site (see Locator Map). 2 Page 3, Item: Meeting Date: 1 'VI RfOl; Site General Plan Zoning Existing Land Use Designation Residential- Low RIP6 (except SFDNacant Medium (RLM) easternmost 200 feet currently zoned RI) Residential - Low RI Single Family Medium (RLM) Residential Residential-Low Rl/R3GD Single Family Medium/Residential - Residential! Apartments Medium (RLMIRM) Residential - Low RI Single-Family Medium (RLM) Residential Residential-Medium Mobile Home Park Mobile Home Park (RM) (MHP) Location North South East West Project Description The Tentative Subdivision Map proposes subdivision of the 2.06 acre lot into a total of 10 single family residential lots ranging in size ITom 5,805 to 7,205 square feet. The average lot size will be 7,309 square feet. The project no longer requires a rezone or precise plan development standards in order to develop the site. The project has been revised from previous proposal presented to the Planning Commission on May 10, 2006 based upon concerns expressed by both residents and commissioners. Comparison between original and revised project The previous tentative map contained 12 residential Jots ranging in size from 4.29] to 5,061 square feet with an average lot size of 4,650 square feet. An 8000 square foot park site was included at the lower end of the project. The easternmost 200' (flag portion) contained three 5,000 square foot lots. Just west of these lots, southeast of the proposed private road, were an additional three lots. The currently proposed tentative map reduces the number of residential lots from ]2 to ]0 with sizes ranging from 5,805 to 7,205. The easternmost portion now contains two 7.000 square foot lots. Just west of these lots, southeast of the proposed private road, are an additional two lots. No deviations in development standards are now being requested, nor are they required. Page 4, Item: Meeting Date: 10/1 RjO/i Existing Topography and Grading The subject parcel contains slopes of various gradients, but is generally characterized by flat or nearly flat terrain near North Del Mar Avenue on the east end, transitioning a gentle 10% slope westward, and thence further westward to steeper slopes in the range of 16-23% past the middle of the site. The western third of the slope is characterized by a mix of steep slopes (30 to 40%) and flatter slopes (4-12%). The property contains an 74 foot grade differential, with a high elevation of 90 feet at the eastern edge, to a low of 16 feet to the west. In order to accommodate the proposed 26 foot high pad elevations for Lots 8, 9 and 10, a series of two retaining walls (4 and 6 foot in height successively) are proposed along North 3'd Avenue which have a combined height of 10 feet. In order to minimize the impacts to the eXIsting topography while at the same time accommodating the proposed private road through the project, the developer has proposed seven "split level" lots whereby the retaining walls will be incorporated into the proposed homes. All seven of the proposed split level lots (Lots 4-10) contain a 12 foot difference in elevation between the upper and lower pad for each of the lots. The project proposes 1,500 cubic yards of cut and 12,500 cubic yards of fill for a total import of 11,000 cubic yards. The fill dirt is required in order to primarily in order to provide level and split level building pads large enough to be compatible with the surrounding existing development. The applicant proposes a development which will provide the community with similar and complementary grading character, with the use of terracing and interior retaining walls, and by avoiding any significant impact in the steepest portion of the lot. The resulting terrain will not, therefore. tower over or below the adjacent properties, while still lending itself to desirable westerly views for most residents. ANALYSIS Sltp. rnnstr::Jlnts The proposed project is constrained by the following factors: . ~onfiElIr"tion- The parcel is long (661 feet) and narrow(l55 feet wide), with only 80 feet of frontage along North Del Mar Avenue. . TopoV'"phy-The existing site contains steep terrain which slopes downward to the west. . A~~p.ss-Since the applicant only owns a portion of the joint easement at the northern edge of the property, the proposed 24 foot wide private street. Villas Del Mar Court, contains a portion centered along the existing easement and remainder entirely within the project 4 Page 5, Item: Meeting Date: 1 ryt R/OIi site. The easterly 220 feet of Yilla Del Mar Court is proposed to be centered within the existing easements that combine to serve not only the subject property but also adjacent properties to the north. The remaining approximately 300 feet is proposed entirely within the subject site and tenninates in a cul-de-sac containing a 90 foot diameter turn-around for service and emergency vehicles. This private street tenninates approximately 130 feet in from the western edge of the project site. Although the western edge of the project site is adjacent to North Third Avenue, at this point Third Avenue is a "paper street" and not suited for improvement to provide access (see discussion under Access/On-Site Circulation). Si7e ::Inn nIJmher of l()t~ One of the issues raised regarding number and size of lots had to do with the Eastern 200 foot portion of the site. The original proposal was for three 5,000 square foot lots in this portion of the site, which would have necessitated rezoning this portion of the site to make it consistent with the rest. This is no longer being requested and the applicant has now increased the lot sizes in this area to 7,000 square feet, going ITom 3 to 2 lots in this area. Overall, the applicant has reduced the total number of lots from 12 to 10 which has allowed the average lot size to increase from 4,600 to 7,040 square feet. As a result, the project has changed from what was considered a small lot subdivision to a standard subdivision. Although two of the 10 lots are below 7.000 square feet, this is allowed per section 19.24.080 of the CYMe. This section specifies that up to 30% of lots (10% can be minimum of 5,000 s.f. and 20% can be minimum 6.000 square feet) as long as the overall average is at least 7,000 square feet. The existing surrounding lot sizes average about 7,000 square feet which is typical for the R-l single family area. The revised project now contains lots sizes which average 7,000 square feet and are now compatible with surrounding area. Ar.r.e~~/nn-Sltp. ("lrr.ll1Ml0TI Access to the project will be via a 24 foot wide private drive connecting to North Del Mar Avenue. Due to the narrow width of this roadway, no parallel on-street parking shall be allowed. A twenty foot wide driveway to each lot will be provided off of this private drive. The tenninus of the private street will be a cul-de-sac containing a 90 foot diameter turn-around that has a concentric 30 foot diameter planter area. The cul-de-sac standards proposed are the same as those required for public streets. The Fire Department has reviewed the proposal and has detennined that the proposed turn-around radius meets Fire Department requirements. At the neighborhood meeting of September 7, 2006, some of the residents expressed concern over allowing a private street for access through the subdivision. Section 3-404.1 of the City's Subdivision Manual allows private streets subject to specific criteria: I) their use is logically Page 6, Item: Meeting Date: 111f1 RjOfi consistent with a desire for neighborhood identification and control of access. and where special overall design concepts may be involved; 2) the use of private streets shall be limited to cul-de- sacs and to minor local streets not carrying through traffic and those with a projected traffic volume not exceeding 800 ADT; and 3) private street designations shall be subject to review and approval by the Planning Commission and the City Council. Staff has determined that the above criteria will be met. The use of a private street minimizes the impacts to the surrounding areas in order to help maintain the existing topography of the area. Private streets allow for steeper grades than a public street would allow. As shown in subsequent discussion. an additional 90 ADT's are projected with this project, well below the 800 ADT maximum. By providing a private street ending in a cul-de-sac, there will be no concern about through traffic. Finally, the proposed private street will be reviewed as part of the project by both the Planning Commission and City Council. Although North Third Avenue abuts the western edge of the property only half of the needed right-of-way width for public residential street (30-feet) has been granted for a public street. There are currently no street improvements in place. The applicant is not proposing and staff does not support the use of Third Avenue as providing access to the development. Staff is requiring twenty-foot paved access for sewer maintenance purposes beginning at the terminus of the on-site cul-de-sac in a westerly direction to the property line and then in a northerly direction along North Third Avenue approximately 500 feet. However. widening of the Third Avenue easement in order to create a public road would be difficult due to both topographic constraints as well as potential negative impact to the mobile home park located to the west. Further, if an access road were to be provided by the applicant along North Third Avenue, there is no room to provide a turn around that would meet the requirements of the Engineering. Fire and Public Works Departments. Tr"ffidOff-Sitp C'irclIlMion A number of residents living near the project site have expressed concerns both in writing and verbally at the neighborhood meeting of September 7, 2006 regarding project traffic impacts to the area (see Attachment 6). A traffic study was not required to be conducted for the project according to standards and thresholds. Thus, the Environmental Review Coordinator determined there were no significant traffic impacts according the required CEQA level of analysis (see Attachment 5). Nonetheless, based upon concerns expressed by residents, staff consulted with the City's Traffic Engineering Division who subsequently conducted some traffic counts in the area and who provided the following summary analysis. The proposed project is 10 single family homes with one existing single family home to be demolished. Therefore. the traffic impacts are for the net additional 9 homes. Using a trip generation rate of 10 vehicle trips per home assumes a total project traffic impact of approximately 90 vehicles per day. 6 Page 7, Item: Meeting Date: 1 0f1 R/Oli Engineering staff completed traffic counts in the area of the subject project From March 22 through March 24, 2006 traffic counts were completed on North Second Avenue between Bayview Way and Shirley Street Also, speed and volume counts were conducted on North Del Mar Avenue between Vista Del Mar Court and Nixon Place. The results of the data are as follows: North Second Avenue North Second Avenue has an average daily traffic count of approximately 7,287 vehicles per day. Of this total 3491 (48%) were in the northbound direction and 3796 (52%) in the southbound direction. The percentage split shows that it is approximately evenly distributed. Since North Second Avenue is a collector street, it circulates localized traffic as well as distributes traffic to and from arterials and other collectors to access residential areas. The roadway design capacity is 7,500 vehicles per day according to the City's Subdivision Manual. At 7,287 trips per day, the roadway is under design capacity and within design limits. This means that the roadway has moderate volumes but would have minimal delays throughout most of the day and minimal to some minor delays during certain peak hours of the day. The delays during the peak periods would primarily be traffic queued up at the all-way stop sign at the intersection of North Second Avenue and C Street North Del Mar Avenue The residential street North Del Mar Avenue has an average daily traffic count of approximately 167 vehicles per day. Of this total 101 (60%) were in the northbound direction and 67 (40%) in the southbound direction. The percentage split shows that it is almost a 2:1 ratio for northbound versus southbound vehicles. Since North Del Mar Avenue is a residential street, which is meant to be the roadway that generates local trips, the roadway design capacity is 1.200 vehicles per day. The volume today is 14% of the design capacity and with the project, all of the traffic has to utilize North Del Mar Avenue. The traffic volume with the project increases to 23% of the design volume. This 23% figure represents a level of service "A" (less than 60% design capacity) which means that the roadway would still not be expected to have any delays since the low volumes would mean that conditions are generally free flow throughout the day. It would take approximately 720 vehicles per day for the level of service on this street to decease to level of service "B", which would still be acceptable. The speed count data showed that on this 25 MPH roadway northbound speeds averaged 18 MPH and 85% of the vehicles were at 24 MPH or lower. For the southbound direction, the average speed was 21 MPH and 85% of the vehicles were at 28 MPH or less. The southbound direction has a downward grade as it approaches the stop sign at the T -intersection with C Street 7 Page 8, Item: Meeting Date: 10,11 R/Oh Bayview Way Bayview Way is a residential street with no curb improvements and one-lane in each direction. According to the City's Subdivision Manual, design capacity is 1200 Average Daily Trips (ADT's). A recent traffic count conducted at the project frontage showed ADT's of 167 vehicles per day. Therefore, with the project's anticipated 90 trips per day increase, expected volume of traffic on Bayview Way will be less than 300 vehicles per day, which is still acceptable on this local street. The proposed increase in project traffic impacts on the level of service of Bayview Way would not change from level of service "A". The City's Subdivision Manual design criteria for streets states that residential streets should provide access to not more than 120 tributary dwelling units. This project area has approximately 62 dwelling units and with the project, the total will increase to 73 dwelling units served by the existing three access points; Bayview Way, Shirley Street and North Del Mar A venue. Since the design criteria also states that single family residential development shall not exceed 120 residential lots unless two points of access are provided and there are three points of access, the project does not create any traffic impacts on the local roadway network. The three access points serve to better distribute the local traffic in this area. P"rking A two car garage is required and proposed for each of the 10 units. No parking will be allowed along the private drive. In addition. section 19.22.150 of the Municipal Code requires guest parking be provided since access to the proposed lots will be off of a proposed private road. The applicant is proposing 10 guest parking spaces on site, in two parking bays, four spaces at the northwest edge of Lot 2 and six spaces at the cul-de-sac. In addition, there is room for approximately 3 on-street parking spaces on street on N. Del Mar Avenue. Based upon concerns by a few residents in the vicinity of the project, city staff conducted a parking analysis and finds the project will have negligible impact. While no parking will be allowed along the traveled way of the private drive, the driveways provided for on each of the lots will be able to provide opportunities for guest parking for a minimum of two vehicles. Thus, the site will accommodate the projected guest parking demand. In order to affinn guest parking availability, the following restrictions have been placed in the proposed Conditions of Approval and required to be included in the Covenants, Conditions, and Restrictions (CC&R's )for the project: . Garages must be free and clear to allow for parking of 2 vehicles at all times . No on-street parking along private drive . Driveways should be available to provide opportunities for parking of 2-4 guest vehicles. Because the applicant is proposing a private drive which is not wide enough to accommodate parking along the street, although not required by code, they have provided for additional guest 8 Page 9, Item: Meeting Date: 1 0fI RfOIi parking spaces at a 1: 1 ratio at two locations within the project site. Four spaces are proposed at the upper portion to accommodate the 4 parcels at this level. Six spaces are proposed within the lower portion of the development in order to accommodate the six lower parcels. At the neighborhood meeting of September 7, 2006, the neighbors continued to express concern about the lack of parking provided with this project. While it is true that the proposed private drive is not wide enough to accommodate on-street parking, for the reasons mentioned above, staff finds the issue of the proposed provision for guest parking more than adequate, and that. in this particular instance, more guest parking will be accommodated than in a typical subdivision which does allow for on-street parking. The combination of one marked guest space per lot with maintaining each driveway to accommodate at least two additional guest spaces provides a total of at least 3 guest parking spaces per unit. On-street parking for a subdivision providing public street access, usually has room for only 1 to 2 parking spaces along the street for each lot. The CC&R provisions mentioned above will be enforced via a Homeowners Association (HOA). In addition, the applicant will require the new homeowner to sign an agreement at the time of purchase of the lot, agreeing to the CC & R provisions noted above. nr:lln:l!:~ Stonnwater will be collected within the roadway with curb inlets, and /Tom private property with the use of catch basins and culverts, with provisions for easements where required. The collectable stonn water will be directed to a proposed underground detention system and will be discharged-controlled before exiting at the northwest corner of the property. From this point, the stonnwater will flow over the surface on Third A venue as it had done in the past. The development will be required to comply with City's NPDES requirements and all water quality issues, Sllhc11vlC:::l()n Oesien The proposed project complies with the general design requirements contained in the City's Subdivision Manual. The proposed private street is allowed per Section 3-404.1 of the Subdivision Manual. Public Facilities Water The Sweetwater Authority has indicated there is a 6-inch main located on the east side of North Del Mar Avenue. The owner will need to install a water main to this project. To date. the owner has signed and returned the Authority's design requirement letter and paid requested deposit for . . . engmeenng review. 9 Page 10, Item: Meeting Date: 1 f1/1 R/O'; Sewer There are currently no sewer mains abutting the property that would allow for gravity-type flow. The applicant proposes an off-site sewer main extension through the Third Avenue right-of-way to the northwest. They will connect to an existing manhole approximately 267 feet northwesterly within the Third Avenue right-of-way, and install a public 8" PVC sewer main, with concrete encasement for the shallow installation up to the southwest comer of the site, then easterly into the proposed Villas Del Mar Court cul-de-sac, and thence traverse up Villas Del Mar Court until terminating in front of proposed Lot 1. In addition, the developer will construct a 15 ft. wide roadway surface along the length of the portion of Third Avenue that will be served by the proposed line in that right-of-way. The developer must grant an easement to the City of Chula Vista for maintenance of the proposed lines. FmerEpnr.y Sf':rvlr.es The terminus of the private street will be a cul-de-sac containing a 90 foot diameter turn-around that has a concentric 30 foot diameter planter area. The cul-de-sac standards proposed are the same as those required for public streets. The Fire Department has reviewed the proposal and approved the proposed turn-around radius. S~hool< The project is within the boundaries of the Chula Vista Elementary School District, which serves children Kindergarten through Grade 6. Applicant will be required to pay applicable developer fees based upon assessable area. Earks Applicant will be required to pay in-lieu park fees Project romplian~e with Growth Management This project is below the threshold required to prepare a Water Conservation or Air Quality Improvement Plan. Conflict of Interest Staff has reviewed the proposed holdings of the Planning Commission and has found no holdings within 500 feet of the boundaries of the property which is the subject of this action. ]0 Page 11, Item: Meeting Date: 10/1 R;O/1 CONCLUSION For the reasons stated above. staffrecommends adoption of the Resolution to I) rescind previous action taken by the Planning Commission on May 10. 2006 and 2) that the City Council approve the revised tentative map based on the findings and subject to the conditions contained therein. A tt"chments I Locator Map 2 Draft Planning Commission Resolution 3 Planning Commission Resolution of May 10, 2006 4 Draft City Council Ordinance 5 Mitigated Negative Declaration 6 Letters trom residents 7 Project Plans 8 Ownership Disclosure Fonn J: planning\casefiles\05\PCZ 05-03\... IVillas Del Mar PC Staff Report 18 oct 2006 II ATTACHMENT 1 LOCATOR LOCATOR ATT ACHMENT 2 DRAFT PLANNING COMMISSION RESOLUTION ON CURRENTLY PROPOSED PROJECT RESOLUTION NO. PCS-04-06A RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION I) RESCINDING PREVIOUS ACTION TAKEN ON ORIGINAL PROJECT AT MEETING OF MAY 10,2006 AND 2) RECOMMENDING THAT THE CITY COUNCIL ADOPT THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM IS-04-022; AND APPROVING AND ESTABLISHING CONDITIONS OF A REVISED TENT A TIVE MAP TO DIVIDE 2.06 ACRES LOCATED ON THE WEST SIDE OF N. DEL MAR A VENUE INTO 10 SINGLE-FAMILY RESIDENTIAL LOTS-VILLAS DEL MAR DEVELOPMENT, LLC. WHEREAS, on January 20,2004 a duly verified application for PCS 04-06 and on June 22, 2005 a duly verified application for PCZ 05-03 were filed with the City ofChula Vista Planning and Building Department, requesting approval of a Tentative Subdivision Map to subdivide 2.06 acres into 13 lots. and rezone application requesting a change from the RI to RIP6 zone with Precise Plan ModifYing District Standards ("Previous Project"); and WHEREAS, the project has subsequently been revised to eliminate the need for a rezone with Precise Plan Modifying District Standards and to reduce the number of residential lots trom 12 to 10, with the elimination of the common lot. In addition, the revised project no longer requires a rezone application with Precise Plan ModifYing District Standards ("Currently Proposed Project"); and WHEREAS, the area of land commonly known as Villas Del Mar (PCS 04-06) Tentative Subdivision Map (PCS-04-06), Chula Vista Tract No. 04-06, which is the subject matter of this Resolution, is diagrammatically represented in Exhibit "A", attached hereto and incorporated herein by this reference, and for the purpose of general description herein consists of2.06 acres located on the west side ofN. Del Mar Avenue ("Project Site"); and WHEREAS. the Environmental Review Coordinator has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and has conducted an Initial Study, IS-04-22 in accordance with CEQA; and WHEREAS, based on the results ofthe Initial Study. the Environmental Review Coordinator has detennined that the proj ect could result in significant effects on the environment. However, revisions to the project made by or agreed to by the Developer 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-04-22; and WHERAS, the Environmental Review Coordinator has detennined that the changes to the Currently Proposed Project, which were predicated upon previous Planning Commission and Public Review, are minor with no additional environmental impacts or issues identified that are not already covered under the Mitigated Negative Declaration IS-04-022 addressed in the previous project. Therefore, pursuant to CEQA Guidelines Section 15073.5( c) recirculation ofthe Mitigated Negative Declaration is not required; and WHEREAS, on May 10, 2006 the Planning Commission considered the Previous Project and recommended denial of the rezone with precise plan and accompanying tentative subdivision map for a 12 lot single family planned residential development; and WHEREAS, following the Planning Commission meeting. the applicant has worked with staffin an effort to develop a revised project which addresses the concerns of the Planning Commission as well as the surrounding residents; and WHEREAS. pursuant to Chula Vista Municipal Code Section 2.04.570(B), the Currently Proposed Project was brought back to the Planning Commission with a two part request: I) that the Planning Commission rescind their previous action of May 10. 2006 and 2) that the Planning Commission consider the revised project proposed by the applicant; and WHEREAS, on September 7. 2006, a neighborhood meeting was held at Rosebank Elementary School in order to discuss the Currently Proposed Project with surrounding neighbors; and WHEREAS, the Planning Commission does hereby find that in the exercise of their independent review and judgement, as set forth in the records of its proceedings, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-04-022) has been prepared in accordance with the requirements ofthe California Environmental Quality Act (CEQA). the State CEQA Guidelines and the Environmental Review Procedures of the City OfChula Vista, and hereby recommends that the City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-04-022); 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 18, 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 I) rescinds previous action taken on May 10.2006 and 2) recommends that the City Council adopt the attached Draft City Council Resolution approving the Project, and Mitigated Negative Declaration IS-04-022 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. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 18th day of October, 2006, by the following vote, to-wit: AYES: NOES: ABSENT: Byron Felber. Chairperson ATTEST: Diana Vargas, Secretary J:\Planning\Case Files\-06 (FY 05-06)\GPA\ gpa-05-01_PCS-03-OI-PCRes ATTACHMENT 3 PLANNING COMMISSION RESOLUTION OF MAY 10, 2006 RESOLUTION NO. PCZ 05-03/ PCS-04-06 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL DENY THE REZONE WITH PRECISE PLAN STANDARDS; AND DENY THE ACCOMPANYING TENTATNE MAP TO DNIDE 2.06 ACRES LOCATED ON THE WEST SIDE OF N. DEL MAR AVENUE INTO 12 RESIDENTIAL LOTS AND ONE COMMON LOT IN ORDER TO ALLOW A PLANED RESIDENTIAL DEVELOPMENT-VILLAS DEL MAR DEVELOPMENT, LLC. WHEREAS, on January 20,2004 a duly verified application for PCS 04-06 and on June 22, 2005 a duly verified application for PCZ 05-03 were filed with the City ofChula Vista Planning and Building Department, requesting approval of a Tentative Subdivision Map to subdivide 2.06 acres into 13 10ts("Project"), and rezone application requesting a change from the RI to RIP6 zone with Precise Plan Modifying District Standards ("Project"); and WHEREAS. the area of land commonly known as Villas Del Mar (PCS 04-06) Tentative Subdivision Map (PCS-04-06), Chula Vista Tract No. 04-06, which is the subject matter of this Resolution, is diagrammatically represented in Exhibit "A", attached hereto and incorporated herein by this reference, and for the purpose of general description herein consists of2.06 acres located on the west side ofN. Del Mar Avenue ("Project Site"); and WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and has conducted an Initial Study, IS-04-22 in accordance with CEQA; and WHEREAS, based on the results ofthe Initial Study, the Environmental Review Coordinator has detennined that the project could result in significant effects on the environment. However. revisions to the project made by or agreed to by the Developer 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-04-22; and WHEREAS, the Planning Commission does hereby find that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-04-022) has been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City OfChula Vista; and WHEREAS, The Planning Commission does hereby find that in the exercise of their independent review and judgment, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (18-04-022) in the form presented has been prepared in accordance with requirements ofthe California Environmental Quality Act and the Environmental Review Procedures of the City ofChula Vista; and WHEREAS, the Planning Commission having received certain evidence on March 10,2006, 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 PCZ-05-03/PCS-04-06 herein, and recommended that the City Council deny the Project based upon findings of Section 19.14.576 ofthe Municipal Code and in accordance with Government Code Section 66474; 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 of the exterior boundaries of the property, at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., May 10, 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 deny the Rezone with Precise Plan standards and accompanying tentative map based upon the following findings: I. That such use will 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 Commission finds that proposed precise plan development standards would allow the applicant to develop the project site in a way which is not compatible with the existing development of the surrounding neighborhood. The proposed lot sizes closest to North Del Mar Avenue are well below the size of the adjacent lots to the north and south, as well as 2,000 square feet below the minimum lot size required by the existing RI zone established for parcels fronting on N. Del Mar Avenue and surrounding residential streets. Traffic generated by allowing development under the proposed precise plan could negatively impact the neighborhoods existing quality of life. 2. That such plan does not satisfY the principles for application of the "P" modifYing district as set forth in CVMC 19.56.041; (a) The Commission finds that although the property is unique in terms of its topographic constraints on the western portion of the project site, the eastern portion could still be developed under the existing R-I zoning which would result in lot sizes and overall density more compatible with the surrounding existing neighborhood. (b) The Commission finds that although the western portion of the property is adjacent to and contiguous to a zone allowing different land uses, the eastern portion which is currently zoned R-I is more consistent with the surrounding residential development than would be the applicant proposal for the eastern portion of the project site under a precise plan. (c) The basic or underlying zone regulations for the eastern portion of the project site currently zoned R-I do allow this part of the development to achieve an efficient and proper relationship among the uses allowed in the adjacent zones as said adjacent uses on the eastern portion of site are also single-family residential R-l zoned properties. (d) Although the project site consists of two slightly different zone classifications, being a single parcel, is under one ownership. The Commission finds that it is not necessary to place a P modifying district over the site in order to enhance ability to coordinate development of the site. 3.That exceptions granted which may deviate from the underlying zoning requirements are not warranted to meet the purpose and application of the P precise plan modifying district; While the allowance of a precise plan on the western portion of the site which already contains aP precise plan modifier (R1P6) may allow for a better development pattern on this portion of the site, given the topographic constraints, and variation in adjacent land uses, the Commission finds it is not necessary to rezone or allow a precise plan to extend to the eastern portion of the project site given the size of the existing residential development to the north, east and south. 4. That approval of this plan will not conform to the general plan and the adopted policies of the city and therefore meets the reasons for denial stated in Section 66474 of the State Government Code. Although the project proposed under the precise plan meets the density allowed under the existing Residential-Low-Medium 3-6 dulacre designation ofthe General Plan the Commission finds that the lot layout on the eastern portion ofthe site is not compatible with existing lot sizes to the north. south and east. In addition, it is necessary to adopt both the rezone and precise plan in order to achieve the proposed density of 12 dulac which is at the upper range of density allowed (6 dulac). The Planning Commission finds a more appropriate density given the surrounding neighborhood would be more in the mid range of allowable density. This would also allow the project more consistent with City policies reflecting the importance of neighborhood compatibility. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 10th day of May. 2006. by the following vote, to-wit: AYES: NOES: ABSENT: Vicki Madrid, Chairperson ATTEST: Diana Vargas. Secretary JWlanning\Case Files\'{)6 (FY 05-06)\GPA\ gpa-05-01]CS'{)]'{)I-PCRes ATTACHMENT 4 DRAFT CITY COUNCIL RESOLUTION DRAFT RESOLUTION NO. 2006-_(PCS-04-06) RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM IS-04-022 AND APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE MAP TO DIVIDE 2.06 ACRES LOCATED ON THE WEST SIDE OF N. DEL MAR AVENUE INTO 10 SINGLE-FAMILY RESIDENTIAL LOTS-VILLAS DEL MAR DEVELOPMENT, LLC. I. RECITALS A. Project; Application for Discretionary Approval WHEREAS, on January 20, 2004, a duly verified application was filed with the City of Chula Vista Planning and Building Department, requesting approval of a Tentative Subdivision Map to subdivide 2.06 acres into 12 residential lots and one common lot ("Previous Project") by Villas Del Mar Development, LLC ("Developer"); and WHEREAS, on May 10, 2006 the Planning Commission discussed the previous project and expressed concerns I) the number and size oflots and 2) the number ofrequested deviations from development standards needed to develop the project; and WHEREAS, following the Planning Commission meeting of May 10, 2006 the applicant has revised the previous project and reduced the number of residential lots from 12 to 10 and eliminated the common lot ("Currently Proposed Project"); and B. Project Site WHEREAS, the area ofland commonly known as Villas Del Mar Tentative Subdivision Map (PCS-04-06), Chula Vista Tract No. 04-06, which is the subject matter of this Resolution. and is diagrammatically represented in Exhibit "A", attached hereto and incorporated herein by this reference. and for the purpose of general description herein consists of 2.06 acres located on the west side ofN. Del Mar Avenue, north ofC Street, west ofN. Second Avenue and south of Bay View Court. located within the Residential Low Medium Designation (3-6 dwelling units per acre) of the General Plan, and the Residential Single Family (R-I-P6) zone (Single Family Residential Zone. Precise Plan Modifying District ), consisting of APN 563- 290-04 ("Project Site"); and C. Environmental Determination WHEREAS, the Environmental Review Coordinator has reviewed the Previous Project for compliance with the California Environmental Quality Act (CEQA) and conducted an Initial Study, IS-04-22 in accordance with CEQA; and Resolution No. 2006- WHEREAS, a Mitigated Negative Declaration (IS-04-022) was prepared for the Previous Project, which involved the residential development of the 2.06-acre parcel within the western portion of the city; and WHEREAS, based on the results of the Initial Study, the Environmenta] Review Coordinator detennined that the Previous Project could result in significant effects on the environment. However, revisions to the Previous Project made by or agreed to by the Developer would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmenta] Review Coordinator has prepared a Mitigated Negative Declaration, IS-04-22; and WHEREAS, on March 6. 2006, the Resource Conservation Commission detennined that Initia] Study IS-04-22 for the Previous Project was adequate. and recommended adoption of the Mitigated Negative Declaration, IS-04-22; and WHEREAS, the Environmental Review Coordinator has detennined that the changes to the currently proposed project, which were predicated upon previous Planning Commission and Public Review, are minor with no additional environmental impacts or issues identified that are not already covered under the Mitigated Negative Declaration IS-04-022 addressed in the previous project. Therefore. pursuant to CEQA Guidelines Section ]5073.5(c) recirculation of the Mitigated Negative Declaration is not required; and WHEREAS. on October ] 8,2006, the Planning Commission recommended adoption of Mitigated Negative Declaration IS-04-22 to the City CounciL D. Planning Commission Record on Applications WHEREAS, the Planning Commission held a noticed public hearing on the Project on May 10, 2006, and after hearing staff's presentation and public testimony voted (5-0) to recommend that the City Council deny the Project, in accordance with applicable findings; and WHEREAS, the Planning Commission held a notice public hearing on the Currently Proposed Project on October ]8, 2006, and after hearing staff's presentation and public testimony voted xxx to 1) rescind previous action taken on the original project on May 10, 2006 and 2) recommend that the City Council approve the Currently Proposed Project. in accordance with the findings and subject to the conditions listed below; and E. City Council Record on 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, at least 10 days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on November 14, 2006, in the Council Chambers, 2 Resolution No. 2006- 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, detennine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at its public hearing on the Currently Proposed Project held on October I I, 2006 and the minutes and Resolution resulting therefrom, are hereby incorporated into the record of this proceeding. III.CERTIFICATION OF COMPLIANCE WITH CEQA AND INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council has exercised their independent review and judgment and concurs with the Planning Commission. Resource Conservation Commission, and Environmental Review Coordinator's determination that Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-04-22), in the fonn presented, has been prepared in accordance with requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista and hereby adopt the Mitigated Negative Declaration and Mitigation Monitoring Program IS-04-022. IV. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Sections 65300 et. seq. (Planning and Zoning Law), and 66473.5 (Subdivision Map Act), the City Council finds that the Project, as conditioned herein, is in confonnance with the elements of the City's General Plan based on the following: I. Land Use The project will be developed at a density of 5 dwelling units per acre, which is within the allowable residential density range of 3-6 dwelling units per acre. The project design is consistent with the clustering provision of the Land Use Element, because the clustered design will preserve significant areas of steep slope. Also, the project proposes a detached single family planned development which will be consistent with the character intended for a Residential Low-Medium area, and will be more compatible with the development of the surrounding area, which is primarily single family residential. The proposed project provides housing opportunities in the northwest portion of the City. 2. Circulation The Developer wil1 construct the on-site private street. Off-site public streets required to serve the subdivision already exist. Required public street improvements will be provided by the Developer through the attached Conditions of Approval. The private street within the Project will be designed in accordance with the City design standards and/or requirements and provide for vehicular and pedestrian connections. 3 Resolution No. 2006- This project area currently has 62 dwelling units. With this project. the total will increase to 71 dwelling units served by the three existing streets: Bayview Way. Shirley Street and North Del Mar Avenue. The existing City design criteria states that single family residential development shall not exceed 120 residential lots unless two points of access are provided. The project does not create any traffic impacts on the local roadway network because there are three existing points of access. The three access points serve to better distribute the local traffic in this area. All city standards will be maintained on all city streets. 3. Public Facilities The Project has been conditioned to ensure that all necessary public facilities and services will be available to serve the Project concurrent with the demand for those services. There are no public service, facility, or phasing needs created by the Project that warrants the preparation of a Public Facilities Financing Plan. 4. Housing The Project is consistent with the density prescribed within the Residential - Low Medium General Plan designation, and the Project provides additional opportunities for single family residential home ownership. 5. Growth Management The Project is in compliance with applicable Growth Management Element requirements because there are no public service, facility, or phasing needs that warrant the preparation of a Public Facilities Financing Plan. 6. Open Space and Conservation The project proposes clustering of the development of dwellings on the lower elevations in order to minimize grading of steep slopes. The Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-02-045, which addressed the goals and policies of the California Environmental Quality Act, and found the development of the site to be consistent with the goals and policies of the Conservation Element 7. Parks and Recreation The Project has been conditioned to pay park acquisition and development fees prior to recordation of the Final Map. 8. Safety The City Engineer, Fire and Police Departments have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal, as conditioned, meets those standards. A Fire Protection Plan has been prepared and approved by the City Fire Marshal. 4 Resolution No. 2006- 9. Noise The Project has been reviewed for compliance with the Noise Element and will comply with applicable noise measures at the time of issuance of the building permit. The Project has been conditioned to require that all dwelling units be designed to preclude interior noise levels over 45 dBA and exterior noise exposure over 65 dBA for all outside private yard areas. 10. Scenic Highwav This Project Site IS not located adjacent to or visible from a designated scemc highway. II. Seismic Safetv A preliminary geotechnical investigation has been prepared for the project, which determined that a trace of the potentially active Nacion Fault is present on the property. The report recommended that certain geotechnical mitigation measures be required, which have been included in the Mitigated Negative Declaration as conditions of approval. Also, another condition of approval has been included which requires that a detailed soils report and geo-technical study be prepared in conjunction with grading plans, and that the Developer follow the recommendations of the geotechnical report and study prepared in conjunction with the grading plans. B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the City Council finds that the configuration. orientation, and topography of the site allows for the optimum siting of lots for natural and passive heating and cooling opportunities and that the development of the site will be subject to site plan and architectural review to insure the maximum utilization of natural and passive heating and cooling opportunities. C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. D. The site is physically suited for residential development because the proposed site can accomodate the density of residential development called for by the General Plan while at the same time grading the site in such as way that is sensitive to the existing sloping topography of the site. E. The conditions herein imposed on the grant of permit or other entitlement herein contained are approximately proportional both in nature and extend to the impact created by the proposed development. BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below. 5 Resolution No. 2006- V. Government Code Section 66020 NOTICE Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, 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. VI. GENERAL CONDITIONS OF APPROVAL A. Project Site is Improved with Project The Developer, or hislher successors in interest and assigns, shall improve the Project Site with the Project as described in the Tentative Subdivision Map, Chula Vista Tract No. 04-06, Villas Del Mar. VII. SPECIAL CONDITIONS OF APPROVAL A. The conditions herein imposed on the tentative map approval 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 Developer 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 tenns, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the property. 2. Developer and/or his/her successors in interest, shall comply, remain in compliance and implement, the tenns, conditions and provisions, as are applicable to the property which is the subject matter of the Tentative Subdivision Map, as recommended for approval by the Planning Commission on October 18, 2006. Prior to approval of the Final Map for the project, the Developer shall enter into an agreement with the City, providing the City with such security and implementation procedures as the City may require compliance with the above regulatory documents. The Agreement shall also ensure that, after approval of the Final Map, the Developer and his/her successors in interest will continue to comply, remain in compliance, and implement such Plans. 3. Any and all agreements that the Developer is required to enter into hereunder shall be in a fonn approved by the City Attorney. 6 Resolution No. 2006- 4. Design and construct all street improvements in accordance with Chula Vista Design Standards, Chula Vista Street standards, and the Chula Vista Subdivision Manual unless otherwise approved by the City Engineer. Obtain City Engineer approval of detailed improvement plans prepared by a registered civil engineer licensed in the State of California detailing horizontal and vertical alignment of public improvements. Said improvements shall include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter, sidewalk, pedestrian ramps, driveway, sewer and water utilities, drainage facilities, street light, and fire hydrants. 5. Guarantee the construction of public street improvements deemed necessary to provide service to the subject subdivision in accordance with City standards. 6. Detailed street tree Plans for the Project shall be submitted concurrent with grading plan submittal and approved prior to approval of the Grading Penn it by the Director of Building and Planning or designee. Plans shall be prepared by a registered Landscape Architect pursuant to the City's Landscape Manual, City Grading Ordinance and Subdivision Manual. 7. All retaining wall footings that occur within planter areas shall be of a deep-footed design to accommodate shrub plantings and tree planting where occur. In some cases this may be a specially designed footing to satisfy this condition. The tree and shrub plantings shall confonn to the approved landscape concept plan. 8. Developer shall comply with all applicable sections of the Chula Vista Municipal Code, the City Growth Management Ordinance, and the City's General Plan, as amended from time to time. The Developer shall prepare any final maps and all plans in accordance with the provisions of the Subdivision Map Act and the City ofChula Vista Subdivision Ordinance, Grading Ordinance, the Landscape Manual, and Subdivision Manual. 9. If any of the tenns, covenants or conditions contained herein shall fail to occur or if they are, by their tenns, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their tenns, the City shall have the right to revoke or modify all approvals herein granted including issuance of building pennits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Developer shall be notified in writing 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. 10. Submit a "Recycling and Solid Waste Management Plan" which has been approved by the City of Chula Vista Conservation Coordinator. The plan shall demonstrate those steps the Developer 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 7 Resolution No. 2006- Developer shall contract with the City's franchise hauler throughout the construction and occupancy phase of the project. The plan shall incorporate trash enclosures which are designed to comply with the City's N.P.D.E.S. permit if applicable, to provide compatibility with the architectural style of the development, and to enhance trash enclosure doors where they are highly visible. II. Developer shall diligently implement, or cause the implementation of all mitigation measures pertaining to the Project identified in Mitigated Negative Declaration, IS-04-22. Mitigation measures not satisfied by a specific condition of this Resolution or by Project design shall be implemented to the satisfaction of the Director of Planning and Building. Mitigation Measures shall be monitored via the Mitigation Monitoring Program approved in conjunction with the above Mitigated Negative Declaration. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning and Building should changes in the circumstances warrant such revision. 12. Developer and/or its successors-in-interest shall, to the satisfaction of the Environmental Review Coordinator, deposit funds sufficient to pay the costs associated with the hiring of a Mitigation Monitor (biological specialist) to oversee the implementation of the biological mitigation measures identified in the IS-04-22 Mitigation Monitoring and Reporting Program. 13. Present written verification to the City Engineer from Sweetwater Authority that the subdivision will be provided adequate water service and long-tenn water storage facilities and comply with other requirements delineated in comment letter dated March 28, 2006. 14. Install fire hydrants as detennined by the City Fire Marshall. Said hydrant locations shall be shown on the grading and/or improvement plans. 15. Provide evidence to the satisfaction of the City Engineer of ties to established survey monwnents for the proposed street centerlines prior to issuance of any grading or construction pennits, or approval of the final map. GRADING/DRAINAGEINPDES 16. Submit and obtain approval by the City Engineer of grading plans prepared by a registered civil engineer. All grading and pad elevations shall be within 2 feet of the grades and elevations shown on the approved tentative map or as otherwise approved by the City Engineer and Planning Director. Grading and improvement plans shall be based on NA VD88 vertical datum. All offsite grading and construction shall require signed and notarized letters of pennission trom the affected property owners. 17. Design all lot grading so that lot lines are located at the top of slopes. This may require the use ofretaining walls along some lot lines. All retaining walls shall be noted on the grading plans and include a detailed wall profile. The maximum height of all retaining walls shall not exceed 6 feet per Section 19.58.150 of the Chula Vista Municipal Code. 8 Resolution No. 2006- Structural wa]] calculations are required if wa]]s are not built per City Standards and/or if fences are to be placed on top of retaining wa]]s. 18. Submit and obtain approval by the City Engineer for an erosIOn and sedimentation control plan as part of grading plans. 19. Show the location ofcut/fi]] lines based on existing topography on grading plans. 20. Submit a list of proposed lots indicating whether the structure wi]] be located on fi]], cut, or a transition between the two situations prior to approval of the final map. 21. Submit a detailed geotechnical report prepared, signed and stamped by both a registered civil engineer and certified engineering geologist prior to approval of grading plans and issuance of a grading pennit. 22. Submit a drainage study prepared by a registered civil engineer to be reviewed and approved by the City Engineer prior to issuance of a grading pennit or other development pennit. Design of the drainage facilities shaU consider existing onsite and offsite drainage patterns. The drainage study sha]] calculate the pre-developed and the post- developed flows and show how downstream properties and stonn drain facilities are impacted. The study sha]] include calculations sizing the proposed underground detention system. The extent of the study sha]] be as approved by the City Engineer. The energy dissipaters sha]] be designed to accommodate the runoff velocities from a 100- year stonn. 23. A]] onsite drainage facilities sha]] be private. NPDES REQUIREMENTS 24. Comply with a]] provisions of the National Po]]utant Discharge Elimination System (NPDES) and the Clean Water Program during and after a]] phases of the development process, including but not limited to: rough grading, construction of street and landscaping improvements, and construction of dwe]]ing units. 25. The IS-foot wide sewer access road (Third Avenue Extension) shaU be designed to handle stonn water runoff fonn the site and from the adjacent properties to the north. Provide erosion control measures at the northerly end of said sewer access road and a PCC cross gutter at the stonn drain outlet structure from the development. 26. The proposed project is subject to NPDES General Construction Pennit requirements. Obtain pennit coverage and develop a Stonn Water Po]]ution Prevention Plan (SWPPP) prior to the issuance of a Land Development (Grading) Pennit. Said SWPPP sha]] include construction and post-construction Best Management Practices (BMPs) for stonn water po]]ution prevention, as we]] as funding mechanisms for post-construction BMPs. 9 Resolution No. 2006- 27. The applicant is required to complete the applicable fonns upon submittal of the project grading plans (see City of Chula Vista's Development and Redevelopment Storm Water Management Requirements Manual) and comply with the Manual's requirements. 28. According to the NPDES Municipal Pennit, Order No. 2001-01, this project is considered a Priority Development Project and, hence, subject to the requirements of the Standard Urban Stonn Water Mitigation Plans (SUSMPs) and Numeric Sizing Criteria. 29. The developer shall enter into an agreement to fully implement NPDES best management practices ("BMPs") to reduce the amount of pollutants entering the city's stonn water conveyance system, including but not limited to: a. Providing stonn drain system stenciling and sign age; more specifically: i. Provide and maintain stenciling or labeling near all stonn drain inlets and catch basins. 11. Post and maintain City-approved signs with language and/or graphical icons that prohibit illegal dumping at public access points along channels and creeks. b. Installing and using efficient irrigation systems and landscape design; more specificall y: 1. 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. c. 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; (3) distributing IPM educational materials to homeowners/residents. Minimally, educational materials must address the 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. d. Educate the Public. More specifically, the Homeowners Association, through Property Management, etc., shall inform residents about the City's non-stonn water and pollutant discharge prohibitions. This goal can be achieved by distributing infonnative brochures (some available free from the City of Chula Vista) to new home buyers and dedicating sections of newsletters to stonn water quality issues, as applicable. 10 Resolution No. 2006- SEWER / WATER 30. All proposed public sewer lines shall be located within the 24-foot public sewer and access easement. Developer shall be responsible for obtaining any needed offsite sewer easements. 31. Design and construct all the sewer mains and manholes within Villas Del Mar Court and the Third Avenue Extension to public standards in accordance with Chula Vista Design Standards and Chula Vista Subdivision Manual. 32. A Portland Cement Concrete (PCC) paved access is required through the development. An asphalt concrete (AC) paved access is required through the Third Avenue Extension to accommodate City sewer maintenance trucks and fire trucks. All paved access shall be designed based upon a Traffic Index (TI) of 5.0. 33. If the flow line elevation at the end of the proposed gutter at the northerly end of the sewer access road is higher than the rim elevation of the existing sewer manhole just to the north of the property limits, the existing sewer manhole shall be upgraded to a water tight sewer manhole. 34. An additional sewer manhole shall be required either upstream or downstream of MH 5, to prevent a ninety (90) degree bend in the sewer main. 35. The paved sewer access on Third Avenue shall extend to the existing northerly sewer manhole shown on the Tentative Map. 36. Removable bollards or an approved access gate shall be required at the entrance to the sewer access road, just south of Lot 10. STREETS 37. Provide a 100-watt street light on North Del Mar Avenue as approved by the City Traffic Engineer. 38. Design and construct public street improvements fronting the properties located at 160 and 152 North Del Mar Avenue to connect to the existing improvements south of the project and provide a transition north of the project. Installation of street improvements shall include, but not be limited to curb, gutter, sidewalk, alley type apron, cross gutter, approved pedestrian ramps, and street light on per City Standards. Street improvements on North Del Mar require a centerline to curb width of 18 feet. 39. Driveway dimensions shall include the width of the driveway flares. Driveways shall comply with the City of Chula Vista driveway standards per CVCS IA. II Resolution No. 2006- 40. Streets within the development shall be private. 41. The existing power pole shall be relocated as shown on the Tentative Map. All utilities services for the subdivision shall be underground. EASEMENTS 42. Grant to the City a 24-foot public sewer and access easement over the public sewer lines on the Final Subdivision Map. 43. A private 10-foot storm drain easement on Lot 8 shall be granted on the Final Subdivision Map to APN 563-290-05-00, 152 North Del Mar Avenue. 44. Grant to the City on the Final Subdivision Map a 5.5 foot wide street tree planting and maintenance easement along North Del Mar Avenue as shown on the Tentative Map. 45. The private 5-foot landscape (Lots 1-10) and 25-foot general utility and drainage easement (Lot A) within the subdivision boundary shall be conveyed to subsequent purchasers of Lots 1-10 pursuant to the requirements of Section 18.20.150 of the Municipal Code of the City ofChula Vista. AGREEMENTS 46. Agree to 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 of Chula Vista, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the 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. 47. Agree to hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. 48. Agree to ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot 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 ofChula Vista. 49. Agree to comply with all applicable sections of the Chula Vista Municipal Code and prepare the Final Parcel Map and all plans in accordance with the provisions of the Subdivision Map Act, Subdivision Ordinance and the Subdivision Manual of the City of Chula Vista. 12 Resolution No. 2006- 50. Agree to include provisions in the Declaration of Covenants, Conditions and Restrictions (CC&R's) assuring maintenance of all common landscaping, open space, streets, driveways, sewer and drainage systems, which are private. The City of Chula Vista shall be named as a party to said Declaration authorizing the City to enforce the tenns and conditions of the Declaration in the same manner as any owner within the subdivision. All the individual homeowners of the project shall own all private driveways jointly and inseparably. Include provision that no private facilities shall be requested to become public unless 100% of all homeowners have agreed in the fonn of a written petition. 51. Prior to the approval a Final Map, a Declaration or Supplementary Declaration of Covenants, Conditions, and Restrictions (CC&R's) shall be submitted and subject to the approval of the City Engineer and City Attorney. The CC&R's shall include the following obligations of the Homeowners Association (HOA): 1. A requirement that the HOA shall maintain comprehensive general liability insurance against liability incident to ownership or use of the following areas: -All open space lots that shall remain private, -Other Master Association property. 11. Before any revisions to provisions of the CC&R's that may particularly affect the City can become effective, said revisions shall be approved by the City. The HOA shall not seek approval from the City of said revisions without the prior consent of 100 percent of the holders of first mortgages or property owners within the HOA. Ill. The HOA shall defend, indemnify and hold the City harmless from any claims, demands, causes of action liability or loss related to or arising from the maintenance activities of the HOA. IV. The HOA shall not seek to be released by the City from the maintenance obligations described herein without the prior consent of the City and 100 percent of the holders of first mortgages or property owners within the HOA. v. The HOA is required to procure and maintain a policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than one million dollars combined single limit The policy shall be acceptable to the City and name the City as additionally insured to the satisfaction of the City Attorney. VI. The CC&R's shall include provisions assuring maintenance of all open space lots, streets, driveways, drainage and sewage systems which are private. VII. The CC&R's shall include provisions assuring HOA membership in an advance notice such as the USA Dig Alert Service in perpetuity. Vlll. The CC&R's shall include provisions that provide the City has the right but not the obligation to enforce the CC&R provisions the same as any owner in the project 13 Resolution No. 2006- IX. The CC&R provisions setting forth restrictions in these Tentative map conditions may not be revised at any time without prior written peffi1ission of the City. x. The HOA shall not dedicate or convey for public streets, land used for private streets without approval of 100% of all the HOA members or holder of first mortgages within the HOA. XI. The HOA shall maintain all water quality facilities In confoffi1ance with the NPDES Municipal Peffi1it, Order No. 2001-0 I Xll. The CC&R's shall include provisions assuring compliance with the solid waste and recycling program requirements, to the satisfaction of the City Conservation Coordinator. XllI. The HOA shall maintain all landscaping installed in common areas as defined by the CC&R's. XIV. CC&R's shall include restriction related to garages and parking as follows: . Garages must be free and clear to allow for parking of 2 vehicles at all times. . No on-street parking along private drive (other than designated guest parking spaces). . Driveways shall be available for additional guest parking 52. Developer agrees to submit Homeowners Association budget for review and approval by the City Engineer for the maintenance of private streets, water quality improvements, stOffi1 drains, sewage systems, electrical system, plumbing and roof. More specifically, said budget shall include the following provisions and maintenance activities: a. Streets must be sealed every 7 years and overlaid every 20 years b. Sewers must be cleaned once a year with the contingency for emergencies c. Red curbs/striping must be painted once every three years. d. The Homeowners Association shall be responsible for service utilities including water and sewer, and the billing and payment of these utility costs. e. StOffi1 Water quality facilities inspected prior to and after every rain event and cleaned as necessary (twice a year minimum); media inserts replaced as recommended by the manufacturer; with a contingency for emergencies. The budget shall also include a monitoring program including sampling and preparation of an annual report, when required by the City. 14 Resolution No. 2006- MISCELLANEOUS 53. Tie the boundary of the subdivision to the California System-Zone VI (NAD '83). 54. Submit copies of the final map, grading plan, and improvement plan in a digital fonnat 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 infonnation 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. 55. Submit a confonned copy of a recorded tax certificate covering the property prior to approval of the Final Map. 56. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 57. Developer shall install and make operable the fire hydrants, emergency vehicu]ar access and street signs prior to delivery of combustible building materials, to the satisfaction of the City Fire Marshal. Said hydrant locations shall be shown on the improvement plans. 58. Provide precise underground fire service plans prior to locating Fire Department connections and post indicator valves, with placements to be approved by CVFD. All Fire Department connections must not be any closer than three feet to the face of curb. 59. Provide a water flow analysis for the underground fire service utility. Show all calculations on a point-to-point system. Provide proof that the most remote fire hydrant can produce a minimum flow of 1,500 gpm for 2 hours at 20 psi. 60. All underground fire service installation is to be inspected by CVFD. Call 72 hours in advance to schedule an appointment. 61. Provide contractors material and test certificate for underground pipe. 62. Design all dwelling units to preclude interior noise levels over 45dBA and exterior noise exposure over 65 dBA for all outside private yard areas. 64. Submit a phasing plan showing sequence of construction and occupancy of the project, including installation of landscaping, recreation amenities, utilities, and fire protection improvements. 65. Developer agrees to pay the all applicable fees in accordance with the City Code and Council Policy including applicable Transportation Development Impact Fees (TDIF) and Public Facilities Development Impact Fees ("PFDIF"). ]5 Resolution No. 2006- VIII. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the Developer shall execute this document by signing the hnes provided below, said execution indicating that the property owner and Developer have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Recorder of the County of San Diego, at the sole expense of the property owner and the Developer, and a signed, stamped copy of this recorded document shall be returned to the Planning and Building Department. Failure to return a signed copy and a stamped copy of this recorded document within thirty days of recordation to the City Clerk shall indicate the property owner and Developer's desire that the Project, and the corresponding application for building pennits andlor a business license, be held in abeyance without approvaL Said document will also be on file in the City Clerk's Office and known as Document No. Signature of Developer or Property Owner Signature of Developer IX. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their tenns, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their tenns, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building pennits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute htigation to compel their compliance with said conditions or seek damages for their violation. The Developer 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. X. 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 tenn, provision and condition herein stated; and that in the event that anyone or more tenns, provision, or conditions are detennined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by: Approved as to fonn by: Jim Sandoval Director of Planning & Building Ann Moore City Attorney 16 ATTACHMENT 5 MITIGATED NEGATIVE DECLARATION Mitigated Negative Declaration PROJECT NAME: Villas Del Mar PROJECT LOCATION: 160 N. Del Mar Avenue ASSESSOR'S PARCEL NO.: APN #563-290-0400 PROJECT APPLICANT: Villas Del Mar Development LLC Frederico Escobedo CASE NO.: IS-04-022 DATE OF DRAFT DOCUMENT: February 27, 2006 DATE OF RESOURCE CONSERV A TION COMMISSION MEETING: March 6, 2006 DATE OF FINAL DOCUMENT: April 4, 2006 (Revised 9/2112006) PREPARED BY: Maria C. Muet! Revisions made to this document ~mbsequent to the issuance afthe notice 0lavailability of the draft Mitigated Negative Declaration are denoted by underline. Background A Mitigated Negative Declaration (!S-04-022) was prepared for the Villas Del Mar Proiect. which involved the residential development of the 2.06-acre parcel within the western portion of the Citv. The Resource Conservation Commission recommended adoption of the Mitigated Negative Declaration at their March 6, 2006 Meeting. On April 3. 2006 the Design Review Committee approved design of the proiect. The Planning Commission recommended denial of the proiect on Mav 10. 2006. The project has since been redesigned reducing the number of proposed lots from 12 to 10 lots. The proiect is scheduled for review bv the Planning Commission on October 18, 2006. The changes to the proposed project are minor with no additional environmental imoacts or issues identified that are not alreadv covered under the Mitigated Ne!2:ative Declaration lS-04-022 addressed in the earlier proposaL Pursuant to CEOA Guidelines Section 15073.5(c) recirculation of the Mitigated Negative Declaration is not required. A. Proiect Setting The 2.06-acre project site is located at 160 N. Del Mar, within the urbanized area of Western Chula Vista, (Exhibit 1- Location Map). The site is adjacent to N. Del Mar Avenue and near Vista Del Mar Court and N. Third Avenue. Primary access to the site is currently provided off of N. Del Mar A venue through a private road easement shared by properties to the north. The rectangular-shaped flag lot site is covered with naturally vegetated land, dry grasses and slopes from a gentle gradient to steeper slopes towards the west. The entire project site has been partially disturbed with previous uses including a single-family residence, garage and small accessory structures. The land uses immediately surrounding the project site are as follows: North: South: East: West: Single-Family Residential Single-Family and Multi-Family Residential Single-Family Residential Mobile Home Park B. Proiect Description The proposal consists of subdividing the project site into H lQ single-family parcels. Access to the site would be provided via a private road entrance off of N. Del Mar Avenue. The project includes the demolition and replacement of an existing single-family residence. The remaining ++ 2. parcels are designed for single-family residential development. Proposed on-site improvements include drainage facilities, sewer system facilities, fire hydrants, retaining walls, fencing, improved paved areas, open space and landscape treatments. The proposal includes a Design Review Pennit for a Precise Plan, a Rezone to change a portion of the property zoned RI to RIP6, as well as a Tentative Map. The project is subject to a Habitat Loss and Incidental Take (HUT) pennit in accordance with the City of Chula Vista Multiple Species Conservation Program Subarea Plan. C. Compliance with Zoning and Plans The proposed project site is within the General Plan LM (Low-Medium Residential Density/3-6 dwelling units per acre) and RI and RIP6 (Single Family Residential/Precise Plan) Zone. The proposal includes a rezone of the RI portion of the site to RIP6 area, thus creating an overall RlP6 zone. The proposed project has been found to be consistent with the applicable site development regulations and the General Plan. D. Public Comments On December 22, 2005, 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 January 4, 2006. Two verbal comments were received during this period regarding traffic circulation, density and unidentified sand fill materials on site. The issues regarding traffic and undocumented fill are addressed in the Mitigated Negative Declaration sections below. On March 1. 2006. the Notice of Availability of the Proposed Mitigated Negative Declaration for the proiect was posted in the County Clerk's Office and circulated to propertv owners within a 500-foot radius of the proiect site. The 30-dav public comment period closed on March 30. 2006. A written comment letter was received from the Sweetwater Authority. The issue included minor edits to the Utilities/Service Svstems portion of the Initial Studv Checklist/Mitigated Negative Declaration. Other comment letters were received bv the Planning Department but not addressing the adequacv of the Mitigated Negative Declaration. E. Identification of Environmental Effects An Initial Study conducted by the City of Chula Vista (including an attached Environmental Checklist fonn) detennined that the proposed project may have potential significant environmental impacts however; mitigation measures have been incorporated into the project to reduce these impacts to a less than significant level. This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State of Cali fomi a Quality Act (CEQA) Guidelines. Air Ouality Short- Term Construction Activities The proposed project will result in a short-tenn air quality impact created ITom construction activities associated with the proposed project. The grading of the site for future single family residential development and worker and equipment vehicle trips will create temporary emissions of dust, fumes, equipment exhaust, and other air pollutants associated with the construction activities. Air quality impacts resulting from construction-related operations are considered short-tenn in duration. 2 In order to analyze potential project impacts/emissions, the emission factors and threshold criteria contained in the 1993 South Coast Air Quality Management District CEQA Handbook for Air Quality Analysis were used. Table I below provides a comparison of daily construction emissions to the SCAQMD's emission thresholds of significance for each criteria pollutant Emissions were calculated using the URBEMIS 2002 model. The addition of emissions to an air basin is considered under CEQA to be a significant impact. Implementation of the Mitigation Measure I contained in Section F below would mitigate short-term construction-related air quality impacts to below a level of significance. These measures are included as a part of the Mitigation Monitoring and Reporting Program. Table 1.0 Project Estimated Construction Emissions 2006/2007* Pollutant CO ROG NO, S02 PMIO MitT.;;;ted (Ibs/dav) (lbs/day) (lbs/day) Ibs/dav (lbs/day/tota1) Construction equipment and 82.19 59.51 59.06 .31 7.39 grading Significance Threshold, 550 75 100 150 150 Exceed No No No No No threshold ROG is used in the Air Quality Model and VOC is used in the SCAQMD Threshold Criteria. For the purpose of this analysis, ROG is used in this model. Combined Short-Term and Long-Term Impacts In order to assess whether the project's contribution to ambient air quality is cumulatively considerable, the project's operational emissions were quantified. The proposed project once developed will not result in significant long-term air quality impacts. The minimal project generated traffic volume would not result in significant long-term local or regional air quality impacts. Through project design, emission-controlled construction vehicles and efficiency building product, no area source or operational vehicle emission estimates will exceed the Air Quality significance thresholds; therefore, no mitigation measures are required. Refer to Table 2.0 below. Table 2,0 Project Estimated Area and Operational Emissions 2006/2007* Pollutant CO ROG NOx S02 PMIO Mitigated (Ibs/day) (lbs/day) (Ibs/day) (lbs/day) (Ibs/day) Vehicle 15.04 1.23 1.49 0.01 1.36 Emissions Area Sources 0.52 1.08 0.15 0.01 0.00 Total 15.56 2.31 1.64 0.02 1.36 Significance 550 55 55 ISO 150 Threshold, Exceed No No No No No Threshold 'Source SCAQMD CEQA Handbook Air Quality Model 1993 1 South Coast Air Quality Management District/Air Quality Significance Thresholds 3 Biological Resources A Biological Resource Analysis was prepared by Pacific Southwest Biological Services, Inc., dated January 19, 2006, to assess the potential biological resource impacts of the project A biological reconnaissance survey of the project site was conducted on May II and June 2, 2005 to identifY existing vegetation on the site. On-site surveying included zoological assessment conducted by a qualified zoologist on May 19,2005. The biological resource analysis is summarized below. The 2.06-acre project site consists of 0.11 acres of developed land and approximately 1.844-acres of disturbed habitat The site is located in an area designated as a urban/development area under the City's Multiple Species Conservation Program (MSCP) Subarea Plan. The surrounding land to the west, north, east and south are currently developed with residential uses. A portion of the northern property is currently vacant and undeveloped. The already disturbed site contains Eucalyptus trees, urban/developed land, non-native grassland vegetation and portions of earlier salt marsh vegetation, specifica11y known as Cismontane Alakali Marsh community. The project site is located within in the City of Chula Vista MSCP Subarea Plan boundary in an area designated as a "Development Area." Under the Subarea Plan, the proposed project is subject to the requirements under the Habitat Loss Incidental Take (HLIT) Ordinance. In accordance with the HLIT Ordinance, those projects that are greater than one acre, contain sensitive biological resources, and are located outside of 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 fo11owing is a summary of the findings and impacts contained in the updated biological report as required by the City's HLIT Ordinance, Section 17.35. Vegetation Impacts The biological report determined that the development of the project would result in impacts to 1.14 acres of Non-native Grassland (NNG) habitat. According to the MSCP Subarea Plan, NNG is designated as Tier III (common uplands) habitat Impacts to this habitat must be mitigated in accordance with the City's MSCP Subarea Plan. This can be accomplished by providing evidence that the NNG or equivalent credits in a offsite mitigation preserve bank has been acquired to the satisfaction of the City's Planning and Building Department Director. Implementation of the mitigation measures identified in Section F of this Mitigated Negative Declaration wi1l reduce identified indirect biological impacts to a level below significance. Salt Marsh Vegetation Community Along the northwestern portion of the project site, a tidal marsh that was once part of the Sweetwater River Estuary was identified. Early history records indicated that the construction of the flood control levees and SR 54, eliminated any tidal activity. This area is dominated by non-native grasses and shaded by eucalyptus trees. According to the biological resource study and concurred by the City's third-party Biological Resource consultant, there are no hydrologic conditions that support the Cismontane Alkali marsh vegetation, and those that were discovered were likely leaching out of the existing alkaline salt area. The federal and state agencies that have jurisdiction over wetlands and associated areas are not likely to consider this Alkali marsh remnant to be significant under their jurisdiction, and would not be considered a jurisdictional authority of the u.S. Army Corp of Engineers subject to 404 Take Permit regulations. This area is being avoided through project design, as it is located within the IS-foot setback along the north boundary of the project site. This feature does not limction as a wetland nor as a salt marsh vegetation community. In order to ensure avoidance of the habitat, prior to the issuance of any clearing, grading or construction permits, orange biological fencing wi11 be insta11ed around the remnant marsh area 4 within the IS-foot property line setback, near Lot M ~, in accordance with the development plans and to the satisfaction of the Environmental Review Coordinator. The City's Mitigation Monitor will conduct periodic site visits to verify the placement of the biological fencing and to ensure that all construction activities remain within the approved limits of grading. Implementation of the mitigation measures identified in Section F of this Mitigated Negative Declaration will reduce potentially significant biological impacts to a level below significance. Animal/Wildlife Species Impacts The Non-native Grassland habitat, open space areas near the site, and the eucalyptus trees along the northern boundary could be used as foraging habitat by common raptorial sensitive species of the area. These species include Red-shouldered Hawks, Cooper's Hawks, and Red-tailed Hawks. Impacts associated with clearing and grading activities upon raptor nesting are considered potentially significant. Therefore, a pre-construction survey for nesting raptors will be required. A copy of the preconstruction survey results and recommendations must be submitted to the City's Environmental Review Coordinator for review and approval. In addition, the applicant will be required to provide evidence that the impacted area of NNG has been properly mitigated in an offsite mitigation bank to the satisfaction of the City's Planning and Building Director. Implementation of the mitigation measures identified in Section F of this Mitigated Negative Declaration will reduce potentially significant biological impacts to a level below significance. Habitat Loss Incidental Take (HUT) Permit Due to the impacts to the Tier III habitat, Non-native Grasslands, the applicant will be required to meet the Habitat Loss Incidental Take (HUT) findings and obtain a HUT Permit trom the City of Chula Vista in accordance with the City's HLIT Ordinance (Section 17.35 of the CVMe). Landscaoe Treatments Based upon remnant Alkali Marsh vegetation identified on the project site, any proposed landscaping must not contain invasive vegetation that has the potential to infiltrate this habitat. In order to ensure that this existing area is protected from invasive vegetation, prior to the issuance of a grading permit the applicant will be required to prepare and submit a final landscape plan/palette to the City's Environmental Review Coordinator for review and approval. Implementation of the mitigation measures identified in Section F of this Mitigated Negative Declaration will reduce potentially significant biological impacts to a level below significance. This measure is included as part of the Mitigation Monitoring and Reporting Program (See Section F). Geologv and Soils To assess the potential geological/soils impacts of the project, a Geotechnical Investigation evaluation was prepared by Geocon Incorporated/Geotechnical Consultants, dated November 18, 2003. The study indicated that there are no known active faults existing on the project site or in the immediate area. The closest known active fault is the Rose Canyon Fault located approximately 4.7 miles west of the project site. The liquefaction potential on the site is considered to be low due remedial grading recommendations, the presence of shallow and dense materials and the lack of shallow groundwater over a majority of the project site. The groundwater level will fluctuate with seasonal rain and local soil absorption. No significant geological or soil impacts would be created as a result of the proposed project as conditioned. 5 The geotechnical study indicates that a small area in the mid/eastern section of the project site contains undocumented fiU materials. The geotechnical study includes recommended measures for the removal of unsuitable or recompaction of any suitable fill materials to mitigate significant geological impacts. Prior to building permit issuance the applicant will be required to comply with all the recommendations presented in the study. Details of the undocumented fiU are disclosed under the Hazards/Hazardous Materials Section below. Submittal of a final soils report wi1l be required prior to the issuance of grading permits to the satisfaction of the City Engineer. The mitigation measures contained in Section F below would mitigate potential geological/soils impacts to a less than significance leveL These measures are included as a part of the Mitigation Monitoring and Reporting Program. Hazards and Hazardous Materials Site History Information provided by the current owner, historic aerial photographs, historic records/zoning/land use records and surrounding property owners indicate that the site has been mostly used for residential purposes. Information provided by a nearby resident indicated that a previous owner has deposited undocumented fill on the project site. Since that time, much vegetation, dirt, and debris has covered the remainder portion of the site. Phase l/Phase II A Phase I/Phase II Environmental Site Assessment was prepared by Geocon, Inc., dated February 3, 2006, in order to assess the potential recognized environmental conditions or likely presence of any hazardous substances or petroleum products into building structures, ground soil, ground water, or surface water of the project site. On January 20, 2006, a total of 24 soil samples was co1lected from four borings within the middle and eastern portion of the project site. In addition, a sample of sandy material was co1lected trom an area that appeared to be the disposal location of the sandblasting waste. The fill included sandblasting debris materials consisting of sticks, bricks, and plastic sheeting. Geocon Incorporated confirmed that no groundwater was encountered in any of the trenches excavated during their investigation. Concentrations of high PCBs or other potential contaminants were not detected in any of the composite samples. Based upon the comparison of the various sampling concentrations and the limitations encountered during the sample co1lection of the sandy material, Geocon recommended further assessment, proper excavation and proper disposaL None of the CCR Title 22 Metals were detected above respective limits. On January 27'" and 30''', 2006 approximately 30 cubic yards of undocumented fiB/sandy material was removed and taken to an authorized classified waste disposal facility. The material was manifested as a non-hazardous waste solid due to its low concentrations as determined by the analytical testing. After the removal of the sandy material additional confirmation soils samples were collected trom the ground surface beneath the former pile. These additional soil samples were analyzed and no PCBs or other contaminants were detected at or above the laboratory detection limit in any of the additional soil samples. According to the complete Phase II, the disposal of the undocumented f11l/sandy material and underlying groundwater do not pose a threat to public health. No significant hazards/hazardous materials impacts are anticipated as a result of the proposed project, therefore, no mitigation measures are required. 6 In the event any additional areas of waste are encountered during the project development, those areas should be assessed by a qualified environmental site assessor and handled accordingly. Evidence of such analysis and necessary remediation or removal, will be submitted to the Environmental Review Coordinator for review and determination. Lead and Asbestos The project proposal includes the demolition of the existing residence, garage and accessory structures. The potential exists for impacts to result from the demolition of structures that may contain lead and asbestos. Therefore, prior to any demolition activities, a licensed and registered asbestos and lead abatement contractor will perfonn asbestos and lead-based paint abatement in accordance to all applicable local, state and federal laws and regulations, including San Diego County Air Pollution Control District Rule 361. 145 - Standard for Demolition and Renovation. The mitigation measures contained in Section F below would mitigate potential hazards/hazardous materials impacts to a less than significant level. These measures are included as a part of the Mitigation Monitoring and Reporting Program. Septic Tanks The project site is currently serviced by a septic tank system, below ground, located north of the existing residence. Any equipment associated with the septic system should be removed and disposed of in accordance with applicable standards and regulations. In the event any suspicious chemical odors, or other potential environmental concerns are encountered, a qualified professional will be required to assess the areas of concern. Including the preparation and submittal of a WTitten analysis, identifying the areas of concern with appropriate measures, to the Environmental Review Coordinator for review. The mitigation measures contained in Section F below would mitigate potential hazards/hazardous materials impacts to a less than significant level. These measures are included as a part of the Mitigation Monitoring and Reporting Program. Hvdrologv and Water Quality The existing site drains from east to west, running from North Del Mar A venue to Third Avenue. The drainage on North Del Mar Avenue remains in the right-of-way, peaking at the connection point to the proposed Villas Del Mar Court. Drainage from the lots along the south property line is diverted by existing ditches and discharged onto Third Avenue to the west. The drainage flows from the lots to the north, in a northwesterly direction, away from the subject property. The drainage system for the subject site is designed to handle flows generated from the site plus a portion of the existing residence. The proposed drainage improvements include an underground detention system within the park/open space area of Lot A, detention discharge control structure, private drainage easements, rip rap and filtration system at the western comer of the project site. No offsite grading or construction activities for any infrastructure improvements is proposed within the northern IS foot property setback near the alkali marsh vegetation area. According to the Engineering Department, the proposed improvements are adequate to handle the project stonn water runoff generated from the site. Additional Best Management Practices (BMPs) included as part of the project design consist of a stonn drain inlet protection system, rip rap outlet protection, protection of access and perimeter containment measures including open space and landscaped treatments throughout the project site. As a standard condition, a final drainage study will be required in conjunction with the preparation of the project grading plans. Properly designed drainage facilities will be installed at the time of the site 7 development to the satisfaction of the City Engineer. In addition, compliance with required NPDES regulations and BMPs wi]] reduce water quality impacts to a less than significant level. These measures are included as a part of the Mitigation Monitoring and Reporting Program (See Section F). Wastewater Management Services/Sewer System 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 Bayview Way and along Vista Del Mar Court. There are currently no sewer mains abutting the property that would allow for gravity-type flow. Therefore an off-site main extension through the Third A venue right of way, and an 8" PVC sewer main up to the southwest corner of the subject site and into the proposed project court cul-de- sac are proposed to service the residential lots. The applicant will be required to submit a final sewer plan to the satisfaction of the City Engineer. The applicant is required to grant an easement to the City of Chula Vista wastewater services for the purpose of maintenance of the proposed sewer lines. No significant impacts to the City's sewer system are anticipated as a result of the proposed project. F. Mitigation Necessarv to A void Significant Impacts Air Quality I. The following air quality mitigation requirements shaH be shown on all applicable grading, and building plans as details, notes, or as otherwise appropriate, and shall not be deviated rrom unless approved in advance in writing by the City's Environmental Review Coordinator: . 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 pennanent roads as quickly as possible to minimize dust. . Use electricity from 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. . Suspend all soil disturbance and travel on unpaved surfaces if winds exceed 25 miles per hour. 8 Biological Resources 2. To avoid any impacts associated with construction noise, construction must occur outside of the breeding season for nesting raptors (January 15 through July 31). If construction must occur during the breeding season for these species, prior to initiating any construction-related activities (including clearing of vegetation, grubbing, and grading), pre-construction surveys must be performed by a City-approved biologist to determine the presence or absence of 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's Environmental Review Coordinator for review and approval prior to initiating any construction-related activities. If nesting raptors are detected, a nOIse mitigation plan shall be submitted and approved by the City's Environmental Review Coordinator prior to initiating any construction related activities. 3. Prior to the issuance of any land development permits including clearing, grading or construction permits, temporary orange biological fencing shall be installed around the existing remnant Cismontane Alkali Marsh plant area and reflected in the grading plans. Fencing must be constructed in accordance with the development plans to the satisfaction of the Environmental Review Coordinator. The City's Mitigation Monitor will conduct periodic site visits to verify the placement of the biological fencing and to ensure that all construction activities remain within the approved limits of grading. 4. Prior to the issuance of any land development permits including clearing, grading or construction permits, the applicant obtain a Habitat Loss Incidental Take (HUT) Permit from the City for impacts to Tier III habitat (Non-native Grasslands) in accordance with the City's HUT Ordinance, Section 17.35. 5. Prior to the issuance of any land development permits including clearing, grading or construction permits, the applicant shall submit evidence that 1.14 acres of Non-native Grassland or equivalent credits have been permanently secured in a mitigation bank to the satisfaction of the Planning and Building Director. 6. Prior to issuance of a grading permit, the applicant shall prepare and submit a final landscape plan/palette to the City's Environmental Review Coordinator for review and approval to ensure landscaping at the rear of Lot .w J)., within the property line setback, will be non- invasive and compatible with the existing alkali marsh vegetation. Geological 7. Prior to the issuance of construction permits, the applicant shall provide evidence to the City Engineer that all the recommendations in the Geotechnical Investigation, dated November 18, 2003 have been satistied. Hazards/Hazardous Materials 8. Prior to any demolition activities, a licensed and registered asbestos and lead abatement contractor shall perform asbestos and lead-based paint abatement in accordance to all applicable local, state and federal laws and regnlations, including San Diego County Air Pollution Control District Rule 361.145 ~ Standard for Demolition and Renovation. 9. Prior to the issuance of any construction permits, any equipment associated with the septic system shall be removed from the project site and disposed of in accordance with the applicable County of San Diego Department of Environmental Health Services regulations. If any chemical odors or potential environmental concerns are encountered, a qualified 9 profeSSIOnal shall assess the area and submIt a written report to the Environmental RevIew Coordinator for review. Hvdrology and Water Oualnv 10. Prior to the Issuance of a gradmg permit, the City Engineer shall verify that the final gradmg 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. I L Prior to the Issuance of a grading permit, a final drainage study shall be requIred m conjunction with the preparatron of the final gradmg plans. The City Engineer shall verify that the final gradmg plans comply with the provIsions of California Regional Water Quality Control Board, San Diego Region Order No. 2001-0 I with respect to permanent, post- constructron water quality best management practIces (BMPs). If one or more of the approved post constructIOn BMPs IS non-structural, then a post-construction BJ'vIP plan shall be prepared to the satisfaction of the City Engineer prior to the commencement of construction. Compliance wIth sald plan shall become a permanent requirement of the Mitigation Monitoring and Reporting Program. 12. Prior to the issuance of a grading permit, temporary desilting and erosion control devices shall be installed. ProtectIve devices shall be provided at every storm drain inlet to prevent sediment from entering the storm drain system. These measures shall be reflected in the grading and improvement plans to the satIsfaction of the City Engineer. G. Agreement to Imnlement Mitigation Measures By sigmng 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 mitrgatron measures contained herein, and wil1 implement same to the satisfaction of the Environmental Review Coordinator. Failure to sign the Ime(s) provided below prior to postrng of this Mitigated Negatrve Declaration with the County Clerk shall indicate the Applicant's and Operator's desire that the Project be held in aheyance without approval and that the Applicant and Operator shall apply for an Environmental Impact Report. ~t(t'(~~v 1!.s {Ubnt Printed Name and Title of Applicant (or authorized repre ntative) /7 /} / / / / / I //\ / Signatrire zVAp !cant./ c ' (or autholJlzed representative) ?lu (II " 4? r o ~/27 /O~ Dafe / z/z 7/0" l){"te I N/A Printed Name and Title of Operator (if different from Applicant) Date NIA Signature of Operator (if different from Applicant) Date 10 H. ConsuHation 1. Individuals and Organizations City of Chula Vista: Marilyn Ponseggi, Planning and Building Department Marisa Lundstedt, Planning and Building Department Steve Power, Planning and Building Department John Schmitz, Planning and Building Department Maria Muett, Planning and Building Department Glen Laube, Planning and Building Department Josie Gabriel, Planning and Building Department Jeff Steichen, Planning and Building Department Richard ZumwaH, Planning and Building Department Sohaib Al-Agha, Engineering Department Frank Rivera, Engineering Department Samir Nuhaily, Engineering Department Alex AI-Agha, Engineering Department Beth Chopp, Engineering Department Silvester Evetovich, Engineering Department Jim Newton, Engineering Department Ben Herrera, Engineering Department Gary Edmonds, Fire Department Lynn France, Conservation Coordinator Krista Rhinehardt, Building and Park Construction Others: Dee Peralta, Chula Vista Elementary School District Sweetwater Authority 2. Documents City ofChula Vista General Plan, 2005 (as amended). Title 19, Chuta Vista Municipal Code. Final Environmental Impact Report, City of Chula Vista Genera] Plan Update, EIR No. 05-01, December 13,2005. City of Chula Vista MSCP Subarea Plan, February 2003. Biological Resource Analysis for the Villas Del Mar, Pacific Southwest Biological Services, Inc., January 19,2006, Preliminary Lotting and Grading Study/Earthwork and Drainage Statement for Villas Del Mar, Chula Vista, Tri-Dimensional Engineering Incorporated, January 19,2004. Preliminary Geotechnical Investigation for 160 North Del Mar A venue, Chuta Vista, Geocon, Incorporated, November 18, 2003. II Phase I/LImlted Phase II Environmental Site Assessment, Villas Del Mar, 160 North Del Mar Avenue, Chula Vista, Geocon Incorporated, February 3, 2006. Hlstorical EvaluatlOn of 160 North Del Mar Avenue, Chula Vista, Scott A. MooffiJian, January 30,2004. 3. Initial Study ThlS environmental determmation is based on the attached Initial Study, and any comments received m response to the Notlee of Initial Study. The report reflects the independent judgment of the City of Chula Vista. Further mfonmatlOn regarding the environmental review of thls project is available from the Chula Vista Plannmg and Building Department, 276 Fourth Avenue, Chula Vista, CA 91910. ~1~~~' Environmental Review Coordinator Date: ~"//t7? ( / J:\Planning\MARlA\lnitial Study\Villas Del Mar\IS-04-022MND.doc 12 C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT . PROJECT DESCRIPTION: C9 APPLICANT: Villas Del Mar Development LLC. INITIAL STUDY ~~g~~~~ 160 N Del Mar Av Request: Proposing ORC for 12 single family dwelling's on individual lots. SCALE: FILE NUMBER: NORTH No Scale 18-04-022 Related cases: PCS-D4-<>6; PCZ -05-03, DRC-05-56 J: \planning\carlos\locators\is04022.cdr 02_28.06 EXf!18IT / ~I I ~\ ."._._._-_..,---~- _______~____~~~"'I'( ~~I ,,':,;,,;] ~~~J~II:~~~ CeCg.gWe<;913NCmd 3nN3~;'Zy;;~~lt::;;~ -1 ~II]I ~ lr'l T~" "f~':i If" I ", ,I '.WI"a..llM II I,', : () _I i' , - .' - - I! I ~~_~T~-',~~Pl~:1F:-r,:::~~:-:-?~~T-- - ~ .,- ,,' , ' ~ '. ~ ."...."..."..-.".-"".- ~:j;;~~P;&~~~~:f~~:;:~~~id~;~i~" .~: ~!'I! ',I, bl'll i .oJi,! 1'1 I II Ii "ill I WiiHb ~;pt;' , ,-,;CO' 0::;' -<I ~ !'Bm~i"l,'m ~,I':I:I:I:I:;l:;I::'~ :J 11M!, ~ - > 0... <C ~ ~--~~'b- '-0'" ;> r:: <C t--< 7, !.:.I t--< <C t--< [/] i: j ['; ~ .... "'; ,..." > >- b; " ~ 'i I: Iii!!! ! .. I!!i! I,:! ~ ':~_t." . L,:;'I,~ , II!!! !!I ;> <( ~ L ~~ ~~ - :::J - "'" u W-; c' iJc ~-=~--,~':- s:~,. / I o ---...... :-,~ , ~- ~~ (< u ';' , ~" H ',~ ~ ,~,~,' H~; ~ -~---~-- I ':"/:_-:.'=-:.~~~ 11 , I 4 II " I l 'I!; 0'-'" '" [~ "I'" " ", ,+ "i' I' ;~! ~'__ 0,,' ~'m t~~~ Ii I d il II'!- I [! I ;1-11 :...:: ;.,i' ;. -:i' !i' ~ ; f g 6 ~ ~ ~~ : ~ ': 1'----", ' ~, 1---, ,t-! ~I ~ '~~~.! .~'i~ ~ E f1 I~Ji~ II;...J ~I . ~ ,~; ~I :11' ~ ; -1'!'1.~) ,! : H- i 1\0 "<.>. I" -,I ."'. , L-- 'I"~ I I,.., ",;", __ ___ r -' ~. ,is -~. ~, '" I ~ ',?:~ ! t!:J ;~~~i ..J"f"'C--~,' >~.I; 1; ~,!! r S~I" , ~,,'-;11~" ~~;..J <:II~~ _~ ~~...,i: .J.__ _ "". ,- "'~ ' ""'" I, , " J ~!" ',' ',~ ~,~ ~ ",;;,_~,,'~ ,i';,j,l ~ ';~~ ~ ',':, II ~,~~ , I . < I .'j J "', ,0, "~i ," ii, :~ff-~~,*~H 1~~~\;~1;;-)~;:~~~1,:fl_,~iL , r'~ 'I ' , ~,_I I}~><\O:~,' J,;,,~,J:;7-,,~,,\)i';S &>'"",,-- - - -- -.. - "': I ;LL_ i'i - ;;~:!!ft~_~=_~~~~';:~:~-~1.~~_\~~:(;~:~';L;1C;:{~K_~~_'\'~~['i~~2 ~~ I I ~"I z, r~!!I!, ,L,',)!( ~ ~~~rl ~~ ~ I~! ;;~~I , - ii;~! , , , , \' , , '~ If~j ;> -~:\ I q~f , ~~" J,,~ II -=--~--~:!_-- ii !' ,.I ~ ,- - G ~: L: ~ <~ ( , "j ] c c -, .~ i k '-. ~ .::t::- ~ -1.4 I ~ ~ \; ~ ATTACHMENT "A" MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) VILLAS DEL MAR - IS-04-022 This Mitigation Monitoring and Reporting Program has been prepared by the City of Chula Vista in conjunction with the proposed Villas Del Mar project. The proposed project has been evaluated in an Initial Study/Mitigated Negative Declaration prepared in accordance with the Cahfornia Enyironmental Quality Act (CEQA) and City/State CEQA Guidelines (IS-04-022) The legislation requires public agencies to ensure that adequate mitigation measures are implemented and monitored fOT 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): ], Air Quality 2, Biological Resources 3, Geological 4, Hazards/Hazardous Materials 5, Hydrology and Water Quality MONITORING PROGRA1\1 Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinators shall be the Environmental Review Coordinator and City Engineer of the City of Chula Vista, The applicant shall be responsible to ensure that the conditions of the Mitigation Monitoring and Reporting Program are met to the satisfaction of the Environmental Review Coordinator and City Engineer. The applicant shall provide evidence in written fonn confinning compliance with the mitigation measures specified in Mitigated Negative Declaration IS-04-022 to the Environmental Review Coordinator and City Engineer. The Environmental Reyiew 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 Ayoid Significant Effects, of Mitigated Negative Declaration IS-04-022, which will be implemented as part of the project. In order to detennine if the applicant has implemented the measure, the method and timing of yerification 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:\P1anning\MARIAdnitial Study\Villas Del Mar\IS~04-022MMRPtexLdoc E i" o '0 ~ o o :;; o o :; '" i ~ '" :c '" I- 00 c w E E o (J ID ~ ro ;; 0 c. 00 E ro o :.;::: t) S ~ <( a:: ~ o a:: a. ~ z ~ o a. w a:: c z <( ~ Z c:: o !:: z o ~ z o ~ ~ E ~ w :c 'iij >. 01: o ~ 0.0. 00 ID '" ~ ~ 00 ~ ID :;; c ,2 "iij C> f.: :;; >- N f- N :J 0 << .J- ::J 0 a ch '" ;j' rn o 0 :;; 02 a; ;: d,) 0 ~ ~ C>~ 00 ,- 00 ,g :::: It! :;ID '> :; -.. . . o 0 o.u >< a.. 0 -2 . - 0 0 o ,_ , 0 a;; aU >< o u 'E~ . . i=~ 0: c 0 U >< " >-' _ 0 o 0 "CI:;::; o ~ =:E w ~ :; ID > C> o ~ :>,'S E U::; u OJ:;:' c...... :;:,.s:i3 ro a3 ~ 0:5 -5 ~E .~ ~ ro'c ~ 2:'g>g-~aT <(woo... 0 2' ~ ~ u 0 ID 0 .c:.;::: U u ID 00. moo D:E ID .Q 00 ro m .Q 00 00 0 00-" ]3~ ! E C :.;::; .~~~ ~ ~.c'~ w ~ 0 ~ 0 ~ oroo. o _0. :.;::; CJ)m .~~ 3; ~m~ E OJ ill .2='~-'= =.00 ~ i.'5 CI) 0'"-- ('\J o.~ 're ~o_ C>_ 00 .S:m2 ~ c 0 ..Qo!:: ocui ';l52 .Q.QW f-oo~ - a c ,2 '@ui (1)= o.C o ' OOc ~ w g E c 0. ro 'S ~o- ~ ID ,_ 0 00 0 ~t5 ,- , E'" ,_ 00 o 0 ~ 8 'E ro ID U E t5 0. m ~ .~ 0. ~ ~ ~ ~ ,Q C 0... t3 <l) dJ 2 ~ <; 00 'S (5 o 0- 00 8 Q) ~ '" 0 ~ ~ 0 E t) c "E 2 0 q' ~ 1:5 C 0 -5 ro 0 ~ .2 ro o .g 0. 13 ~ w .2 W ID ID 00 00 ::J ::J . . . . U ~......; - 0 ro ID mE U 0. ID- 00 ' ::Jg ~ w W ~ o 9- w 00 w -0 -2 '2 m 25 0> C ~ o o ' :';:::"'E ~ ID 'c E ,- 0. iJ)"S 000- ::JID W N E e E .9 -'" 'm ~ w U l ID :0 ~ 00 o 0. 00 ro ~ " U '0 0' " ID :0 ~ 00 o 0. 00 m ~ '" U o 0' 00 00 m ro 00 ' 00 ~ tJ ~ ro~ e ~ .~ -0 .-<::: roO> ~ ~ 0>- " ro ~ ro o o jj 2 1;; c 8qj ID ~ ~~ ~ ~ ~:e -S"E 'v ,v'c S.2 <i5"E . . . c ~(i m ~ ED 1tB wE > e ~'E . C m :s 0. E 2' "6 D i:3~ ]!~ -~ "Cij ~?U 0_ 0.'- ~Oi We ~~ 0..'5 ED 0'" .;;: .~ >-0 "E-a 'C (f) 0(; ~ro w ~ ~ ~ ::J1J, rou c:= ~.Q -*i5. :;:0 0- - :s ~ "C _ 0. OW 0= _ 00 - c 00 0 ro,- a;t5 .c 2 ~u; > c ~8 ~ ro o c ....:..c w_ ~ .~ ~:5 ~ _ m_ oo 0. c >-_ ID -ID~ ~~gJ <(z"- . . .Q 6- c o 6- m D ID > ro 0. m o ::: vi c~ ID ro u 0 m ~ '00 roL) 00 ~ wo. .c c 00 0 3 c -c ~ W .Q W ~0 =i: mID " > E.8 . ,~ :0 ~ 0. ~ ID WW > U ~ ~ o ~ .s 8 so 90 ~2 ~ a ; .~ :0 E "ilia "5 ("') >-0 c:C ro:!::: ID ~ ~2 ~ ~ "''' a D o W ID~ .Q W - > - ro ro 0. - 0 .!: :::I o 0 0.0 00_ 00 w ID > U ro u ~ m- ID c- o .~ :.=-<:: U W ' ~>'O ~ ID - ~ ~ 00 0 ~ o ro ~ 8 ~ 8 ID >- 0 .Q ro 00 _~ro .c~.Q I/J (; r.n ~ ;: B ID-5~ >ro~ >IDOO . . o on ro 0.. c w > w 6- .9 eui -~ o ro o 0 U ~ C U .9 i'i 00 ~ 00. W 0 IDC _0 w_ .~ .~ :V~ o.ro c E W ~ 'u~ ~~ ~ 0 wS '00 "::; ~ 2 ro Cl. ~ a a3 > ~ m <D 0. .c c g OJ:::I ...: .- c: c: ::J N=OO ...--:::5_~ ~ ('IJ W '- <n..c: > (]) roOJ~a. ~C:--(f] -,'C -0 Q) (Ij::JC= c"'D ro E 19:9~1{) C I eN "(5 ~ 2 a5 E - L.... Q) o~~~ r.l)g'5~ is-O=-o ;:: ~ ~.!::O ......O=~ ::;......<<1":;: ro"E"'DU) .J:: rn C q) '- 0 ill U Q)..Q Q.{1J ><:lJ(/)'t o Q) ::J ::J U.;::U)(/) . . . I E .9 'c o ~ c g ro ;5' U) W 0 a: :0 0 U) W a: -' N <( N 0 0 <3 -+ 0 0 -' rh 0 aJ m ~ a; 0 en m '> ~ ..91 .c '" I- 0; c '0 c rn .E 0: o 0"J:g ~c ~ -2 w'5 (j) ro (I) E = E g.~~~15 8:~g--g ~ <(WOroO Uj,.J o:g x "-0 ~" o . ";:.C x ~o co . ;; 0': 0 x 0 0 '" '" 2 ~ ~ u c w 0 ..r:::;::; , 0 a5 c ~ ro _ D::E (J)- c 1-"0""0..6' 3: ~ "g ~ ~~ ~_~ ~ ~oB'~2 f(~ c(j)~owaEu ~tiw~ ~~ o~ ~~.~~c ~m-'-ww~'~ ~(J}~~6~~~~E~Eo7~-o- ~.~~~:;::;~WW-~WD-~~~~ '-"0 u'-a,--(I)5~o~co~ ~w~~2(J}(l)~~~o~~uro~a 6~~'5~~~~%~~E.~~~a~ uw~lli6g~;~c.Q~~~2~~ 5..r::~~u2Ecg.Q~~go~c~ ~=ew~g0'~ID~0Eu~~roE -oo55row~~c2~~~cD~g~ 2~~(J}(J}~~~~~-o.2.~ro~E02 .~~~~~O~-o-~6~~>groE~~ o~~~.~(J}020~TI_~:;::;~DWU m 0 roD ~.~ c _ '- '- corn 0 ~'> rn m'-~'-~rnom2a~m~2amWD ro3~a'o~~'~~w~=c.5roW~2 ~u,u~u~Q~..r:: ~WO,-D_ro UO-OO(J}~O(J}rOwE-~ro2m ~~S~'~5~~~~~~~.~~~~~ .~~a~~~8i~~~5'~~~cE.Q >. ~ wu~>c .~ -c-Cro6U C6QJ6"o.5a.2-a aw~~o...=2 ro._ ._ 11)- _0.0._""0._ 0 C >...... Du_5ua.m_a.w~2u~'-~ocm ~2~2~.~~~U2U2b~.~~W~ ~~~~w~.S~~~~~Grn~~~u 06~6~~~U~666WE~~~~ ruSuEro~rorouuu=roroEuro N -- 0> C C C ro i::' 0::: U :?~_:?c :;::.,.;:: W -0 W CaJE=i= ~~~~~ 0...010.-00. o.cWcaJ <(WOrnO x x x 2 '" " u C ID 0 ..c:~ U u ID C ~ ro _ O:::~ C ill _ 2 -o..c:~E~g ~ .E UJ-J] ~T5 g.-~E~ 6-!: Qi~~~a3C)ii;o=~-g .::-E~=LLiDlY~o2cr c aJ"- ~ ."D-ro=cU:;'>-+ aJa.aJ_(/Jw~~aJco Ec=<(~..c:~oEo2 g.,g-ro ~o..:; E.~ aJ~-E ill ~-t5f! O)-~ is 6 il5ro= ii;~ (D6:6 w.=:2o..-ro-g -oc.~E~UE:g~=> E8c_~OJ2ijw:;:;....~~ ro .... ~ U w"E w ~~:J ~ -;,o_-roc=o-E~ill~ro ~ g.:d ~.!: 8 '0 ~ > Q) ~ _.- (DEl:) ro c (/).9.9-' o -g -g m 2.!::.2 z-. (/) -o.!: is 01:0 ~iiJa3~G:~ ffi:2 c cim_!:~o'>-+ (l) > OJ~ ~.!: gu:;.... 2~~2.~.!: ~m~.x2CiJ~ .wgro .- ~ 0 W ro c m ~ 0 w E mu>.mroO..c:.8'6'.::~ :S OJ"":S m u....... ro 0 ro UJ o.~ ~-o rn15.9-~'~.~_~ ::~ a.5c~ ~~ o..~~ .guEoro:Jroo2o.... 0.. c 2 ro 0.. E o..()"w:.o ~ ~ 0; c :Q - ~ '" III~ "'DO Bc:g OJc :;::., ro m.~ m c OJ E Qi E ~.!: t m t ._ erne ro ~.ffi g-.~g. <(QOWO x X X X X X 2 US " U C ill 0 ..r::::;:::; O~ c ~ ro _ O:~ w ro -E m:E-~ 2 (/)-"@~U 'E E ~= ID ........ ro......c: IDaJ-'Q)-' ;:-o.a5f=~ [5.Q ~.9 3 Et5E2~ g- E 35 g ~ a> (J) 0 0.-0 ~B-.J.!~~O . l:):::ffioe~ EOi5;,~r--: rn OJ ro -'.-.-- -;'.SIUU;-6 ~~~~E'5 a ~i9E~cJi is g.g e ~ ill ~.~ro:;Gg ~~-t5E~~ .~ g-c ~ ~ 'E .9:oB----70 o ~ '6.~ ~t: &.~g.E-Z~ " 0> C ~ ':s >. III::: ~l:)~ ~ ffi ~ gc CO)E~E r5.~t mt ._ c C1J c ro 8:.ffig..~g. <(a..DWO N u 00 ~ "- 2 US " U C ill 0 ..r::::;::; o U c ~ ro _ 0: c (/) ID C: ~..co E ...._2 ~~'O c c5 -,E(J)~2?t5 CID~.c-'Q) m 0.. u Q) 0.= Ecro>:;.o ~,g~~ffi:? ~~..-~.o:g (l) ~ ~"D c.- -o(/)~mo~ "0 B-' bfU c (.) (l) ~ (J)1:J ~....gii5;e@ >.ow('ijEQ:I ~:?~.2: ro.S '0'6 Q) &.!:: E ID ~.~ Q) -0 ro (.) OJ E .... Q} 0:: c _.c 0 '- rn Q):J 1:J a <lJ :J.!: (/) C (l):S ~m=C1J~- .~ (l) ~ lfj >-.0 l?u~~~6 ..... 0)-' .... (1)'- oc~Gco .....'6umro~ o ~ '6..2: E.~ & .g g. ~ ~ ~ ~ rn :2' W o '" ,:g :> E i" c: E 'c o :2' c: ,Q 1ii ~ N N o ..;. o <h .... ~ ..Q ns I- C> c: !2 "3 >. CJ~ ~"D~ ~ 1ij ~:?c ~g>E~E ,g'c~~@ :5:~ g-~g- <:eQ..OWO ~'.. o;:g >< a;,;'O ai;.:.:i c'''' '~:g >< C:'<J >w Q),,'UJ o:d'5 >< o .& Uj :;., u c: ID 0 ..c:.;::; o ~ c: 0. "'''' 5:E '@~-g ~-g ..c:..... rnCOjrn ~.83:~~C= c: Q) a> .- 0 ~t:"5o~~ =..Q,!~...J~ID ft~oo',O) ro(:'::~a~ v..!:!!oQ>c..c ::; c..7iI '- Q) ~ -Q) c: Q)..c ro E ~:.e=;;;; E ....ooro3:= (l) I/') 0 _ ra O,-oU O)..:::.:~ en c: .!: ~ (ij .!: .!2 ~ g..o 0) "D(ij,-oQ).E ~.!: a1~ tIJ in 01_ a::: c III 'x rom_coca> o~~~~1? Q)~Q):3t..... g ~ ~ ~ ~~ ~-co<De:: II) c:.= 0 a. (J,) .~rnE~Q)::c:e o~LU~:5~::J .....ro!l)ot::a.E o g-~ c..~ E E it 0.<3 g.'3 8 8 <ri C> c: }2 'S >- t:C;~ .~~ gO)..... ~ ro a5.5 a5 ~:?EQ;E u'- t::: Q) t = c: ro.!: ttI ft~ g.~g. <(a..owo ret; :~Wg >< C'O' 11)>111 "':..1::.>< c.;.o o 'EID ~:5 c.:' ~rn:2 a...... ctI . rn ~ .QI-c Q).....1i5~ :5 Q; ~.!a uiVc.:(ij' .'~.5- (/) E cntij c: Q; tD.~ :R a. >.~ ..c .~ <3 ~ ~ g~g21 ~.....(!}", ~.8 <1>g Oa>=N ~ g .s cO QQ)(/)..- Q):Q c .... (,) > 0 Q) C!D:.;::;..c en Q,) ro E ~:Q~ ~ .~ ~ Q) 0 o....EZ :: ~ E-o 0- 0 Q) .;::~ ~m 0..(/)....-0 rn ~ em........ ....:::03:.<..8 .g~-gz."E -g~E-S~ roc.s-goc -cororoUJ:! (\)u..cQ)ocn :gc:~(ij' ar I .~ E.~(j)o~ - Q) 0.-- C"- ttlm"'C~m""': (fJ-..c Q) 0 (/) <D ID co f/)- rn'" ~""C2:~.5~ ~~-orn-g~r:: ~:;;~,gu....g c; c;- ~.!:.g ~ .Q 1'0 -g 1'0 (/)-ii) 0 :!:: (/) ro= c;'- c '0.8 (/) ro.Qo <1J E1n.8-Ernea:: <1J..c (/).- -....-c -c (/) <1J ~ ~ c; @ ~~~~~8c; ra <1J ra !:: -c !::.Q .82E-E~g~ 0.~.g8(/)~E (t ~~~~o:~ C> c: :Q .::; >. CCI :~ .~-g ~ rn..... ~ ra ~.!: ~ ~g'E(i)E ,g'E~~~ ~~ a} g> a} <(Q..OLlJO " " " M " ~ on '" 0.. .oJ 05 :;., u c: ID 0 u15 ID c:o. '" w 0:::.= c: ~~.~ ~.i 2 .~~.~O _~rao E Eb ~ 1n.~ O":~rn <1J <1J"'OCI).2c raE.~ a.ii)&--2:~-o::J"E c;>>o 0<1J 0 CI>(/) 0 .Q(/)a.~CI)o.Qj:-cO u.2.!!! C..c 0..... cU ::J i5.."'O ::J.:!::: 5 ra ~ '::'w"'OOra~Ora<1J ~ (/) c:: U Q) 0 u ~'> owraQ)I-CC;ra<1J u:52:Orn~Q)Q)a:: ~.c'iii ijc ij ~:5cu (O~u=w._ra(/)c ......~w~EE(/)(/)Q) O"'C"Orog~E&E 8"* C.~'5 u 8 ~ 5 C::'13 <1J..... C ~5='= ~o:5-ELlJrouroE: ~ ~ E'3:b~Cii-5iw ';;:;~2wcu)crn~ .cc......uwc;wc;..... ....<1J-C~EoE.Qo .8E~"Et~5~.....~ ....0.0 oro-""<1J1::: w .Q'::i E U a. ~'> '0 g..> a:g~i:ij~~~Ci~~ oi ~ o ii: o t o '" 0:: -0 o '" o o ..g 0, ;!1' o o ~ "' ~ N N o .J. o ch '" :2 OJ o if> ~ '> ~ o jj "::} >- m~ q-05 U c c ~c ::::. ro <D;:: Q) c:: CJ) E Q) E ~.~ t <D t -== 2 (ILS ro 8:~ g.~g. <(o...owo --' ~~x C,;."O 0".0.; c. ';::.'C x , 0 cu ~ oJ'" D::5x u Q) 1i ra I- ~x .2< '25 ~ ,',;'; ~,g 'ou ill .'::-, iij iF ;: 0:: c >- r- :J <( ::J a 0:: w ~ S o z <( >- (!) o --' o 0:: o >- I E >. >.-~ a..~ Eme; o ~ , >.uOo...... '0;G 2?(; ~ mm .0 J!o..s oc :;-:?ro;;:~ E'6 25 ~ 6- ~ ~.~o 2 0)- a:: c ro c:: ~ ro-Q ~ '6 ~.- OJC) ro il) E 0::'" 2 .....-CO ro (J)......~o- ro cu ro CJ)@ o:s:26~~ w >. 0 =.~ g~(/)~~U ro ~ 6 (/).b ~ ~ _"({j _ (/) a. .~ m -;;12 6 c ill..c 0 ro U <l) -5 ~ o.as.9 E .9:t~ou~ '- c --'.b ill ro OOJ.J::cCLC &tD'~8~E ci ~ ~ C i2 'S >. m.~ .2:'-oU i, C:;::' 0)...... ~('1j~Cc c OJ E'~ E ~.~ 1::: (1)...... Ci2~'52i a.~ (]) c 11) <(o...owo x x x 2 ~ ~ u 0 ~.Q o~ 00. m "' 0:0 Il) 6...... c ~~~o (1) TI .sro~~iij 5:_5'~ ~ o._.Q (f) ro 0 ..c Q) "'0 1lJ-ro U') _ 'O.................c:: ro o..s::'~ E.8 U) <D.2"'O .~ :::0 C ill (/) ..... ro""" (1) '- U ~ <>=..cilla.O~..CI02ro B......E ro.....<DwOJa.>.EU;O'Q)cc~ _..cc.c-U)~,-, ~E~Q)E~ ~;t::'i5I""" g @ffiO 6 0...0"'0..(1) 0 E~cf;c..c::lQ)c(l)"""E'-O: :v 6w'~8:=: ;:6.<fl..CI 0 0 S a.:;:::;>.>, 5:w...... ='o.cu!if._~ 0)0."";:::->> ......-(/)(\1 __ C C U 0..;<::: C; ~ . Q..c. ,-' '- '6.~Q)Ero' >(i)L(/)Q)C-C0 ro C J:: 0 ::1"- C a... co C Q).Q Q) g- '- 01- 008 o~ c.E:2.S U ~o:: Q) U U) '- N:;::: 0 Q. Q)::J E ~"!: ~ ~2 0 2~1Jo...&i~....--g O~~o.~ZUi ~ 2~ca ~ro Q) .... a... 0)> .... co...... CD._ U ro Q) O"S Q)C(ij Q) 0:;::; ~ cU..... W"e ~ g.!:'g c"E5: ~ 8E~.:: E.9 :J...."'O.....20OOo.. O......cO'- ~ w ~ OIg>c 8........Ui 2'0 Ew U is "a;:: O>rna:::.Q......-a; 8..Ui c Q)15:2: ..c:rom<.2 ro afc E-a 6.2 u= c :;~<.2 w"ca::;g ~~ yo ~~,g -:>.Q)-5oororooUi~EVJro o-o:S......~O)Eco..o.~Ecg ";::.2_ ro ro_9,:I Q) ro a...o..rn o~= o...VJozUOo..EroroVJOD..2 ~ ~ Q C :g ciJ,q ,q-g 50)->-' 5 ro ~"s ~ COJEdJE B-S t Q) t "_ c ro c ro ~~ g.gg- <.(o...owo x x x .ill iJj 32 u C ill 0 ..c::;::; o ~ Co. m "' ilE ~ c 0 . ro c-o ]1-0 -~ 2: .0 ~2 E v ~u o~.8E-5<D 0..- VJ 0 c-5 E w c....."-..... <D..Q <D U} -00 :-'ro iii:S~ 6 -E -55""" OJ~t5 .... ro C <D cu ~~~"a3:U]? 0)"5:2 c.oro c <D > <D ~ VJ '6 -0 e E ro Q) ~ (5 a... 0 -5i:S OJ-b (]).;; (/J 0 ro cD...... ill""" o8ro~:J~ <D 5 -55 _~ i{J ~ g"_ (f) -a <D ro ~ ill & E c :J ...."~...... ill Q) U} ill > c (f) E "~v Q) <lJ ill <lJ <lJ C -0 >..c: > -5 ro g; ~ I- e ...: 01._ 0. " CL Q) .:~~.8 ~"s_~ g-wo-aJUi-a 0) ct~ ct:c ~~ JJ N ~ "' " '" " P- u o ~ ~ :2 :2 N N o .,. o ~ " :: " o ~ :g > So ~ o .:f) ~ :;: ;;; :;: =" ~ , S; ~ \I f?- --p- :...~ -- ENVIRONMENTAL CHECKLIST FORM OTYOF CHUlA VISTA I. Name of Proponent: 2, Lead Agency Name and Address: 3. Address and Phone Number of Proponent: 4, Name of Proposal: 5, Date of Checklist: 6. Case No.: ENVIRO]';MENT AL Ai'!AL YSIS QUESTIONS: Issues: I. AESTHETICS, Would the project a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scemc resources, including, but not lirrrited to, tress, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or 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 in the area? 1 Villas Del Mar Development, LLC Federico Escobedo City of Chula Vista Plarming and Building Department 276 Fourth Ayenue Chula Vista, CA 91910 160 North Del Mar A venue Chula Vista, CA 91910 (619) 420-4101 Villas Del Mar February 20, 2006 18-04-022 Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact o o o . o o o . o o o . o o o . Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a-b)The proposal includes the development of twelve single family residential units with site improvements in accordance with the City of Chula Vista Municipal Code and Design Review Guidelines, The proposed landscape improvements would enhance and improve the aesthetic quality of the surrounding hillside and neighborhood street, Del Mar Avenue, The proposed project would not damage any scenic resources, vegetation, or historic buildings within a state scenic highway, The project site contains no scenic vistas or views open to the public, The development layout is designed not to block any private vista views tram the existing and proposed residential units, c) The proposal is an in fill residential development project. The proposed project will not substantially degrade the eXisting visual character or quality of the project site or its adjacent residentia1 surroundings, The project site is pi armed for residential development according to the General Plan Land Use regulations, 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 Mumcipal Code (CVMC), Compliance with thesc regulations will ensure that no significant glare, or light would affect daytime or nighttime views in the surrounding residential neighborhood area. Miti!!ation: No mitigation measures are required, II. AGRICULTURAL RESOURCES. Would the pro j ec!: a) Convert Prime Farmland, Unique Fannland, or Farmland of Statewide Importance (Fannland), as shown on the maps prepared pursuant to the F annland Mapping and Monitoring Program of the Califomia Resources Agency, to non-agricu1tural use? D D D . b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? D D o . c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? D D o . 2 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Commeuts: a-e)The project site has been previously rough graded and surrounding properties have been partially developed, These properties are consistent with the Chula Vista Genera] Plan and zoning designation, and contain no agricultural resources or desih'Ilated fannland, The proposal would not convert Prime Fannland, Unique Fannland or Fanmland of Statewide Importance to non- agricultural use and no impacts to agricultural resources would be created as a result of the proposed project, 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? o o o . b) Violate any air quality standard or contribute 0 0 0 . substantially to an existing or projected air quality violation? c) Result in a cllillulatively considerable net increase 0 0 . 0 of any criteria pollutant for which the project regIOn lS 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 0 . 0 0 concentrations? e) Create objectionable odors affecting a substantial number of people? D D . D 3 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: (a-e) See Mitigated Negative Declaration, Section E, Mitigatiou: The mitigation measures contained in Section F ofthe Mitigated Negative Declaration would mitigate potentially signiiicant air quality impacts to a leve1 ofless than significance, IV. BIOLOGICAL RESOURCES. Would the project a) Havc a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the Caliiomia Department of Fish and Game or U.S, Fish and Wildlife Service? o . o o 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 V,S, Fish and Wi1dlife Service? o . o o c) Have a substantial adverse effect on federally 0 0 . 0 protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, ete,) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any 0 0 . 0 native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree o o o . 4 Issues: 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 I'vl1tigated Negative Declaration, Section E, Miti!!ation: Potentially Significant Impact o Less Than Significant With Mitigation Incorporated . Less Than Significant Impact o No Impact o The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant biological resource impacts to a level ofless 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 15064,5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to State CEQA Guidelines 9 15064,5? c) Directly or indirectly destroy a umque paleontological resource or site or unique geologic teature? o o o 5 o o o o o o . . . Issues: Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporated D D D . d) Disturb any human remains, including those interred outside offonmal cemeteries? Comments: a) In order to assess potential historic resources located on the project site or surrounding areas, a historical evaluation study was prepared, dated January 30, 2004, The following details summarize the results of the study, The existing residential structure was not associated with any important events or individuals in tenms of local, state or national history, The residence or site does not qualifY as a historic resource under national, state or local register cnteria, The proposed project will not constitute a substantial, adverse change to the significance of an historical resource as the residence has been detennined by the analysis not to be historically or architecturally significant within the project impact area, Therefore, no substantial adverse change in the significance of a historical resource as defined in Section 15064,5 is anticipated and no mitigation measures are required, b) Based on the level ofprevlOus site disturbance, the potential for significant impacts or adverse changes to archaeological resource as defined in Section 15064,5 is not anticipated, c) Bascd on the level of previous disturbance to the site and the relatively limited amount of additional grading for the proposed project, no impacts to unique paleontological resources or nnique geologic features are anticipated, d) No human remains are anticipated to be present within the impact area of the project site, Mitigation: No mitigation measures are req11Ired, VI, GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential snbstantial adverse effects, inclnding the risk of loss, injury or death involving: l. 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? o o o . ii, Strong seismic ground shaking? D D D . Ill. Seismic-related ground failure, including D D D . (, Less Than Potentially Significant Less Than No Issues: Significant 'With Significant Impact Impact Mitigation [mpact Incorporated liquefaction? lV. Landslides? 0 0 0 . b) Result in substantial soi1 erosion or the loss of 0 0 . 0 topsoil? c) Be located on a geologic unit or soil that is 0 . 0 0 unstable, or that would become unstable as a result of the project, and potentially result in on- or oiT-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, creating substantial 0 0 . 0 risks to life or property? e) Have soils incapable of adequately supporting the 0 0 0 . use o f 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, Miti~ation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potential1y significant geological impacts to a leve1 ofless than significance, VII. HAZARDS AND HAZARDOUS MATERIALS Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? o o . o b) Create a significant hazard to the public or the environment through reasonably ioreseeable upset and accident conditions involving the o o . o 7 Issues: 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 intermixed with wildlands? 8 Potentially Significant Impact 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 D D No Impact . . . . . . Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a and b) See Mitigated Negative Declaration, Section E (Hazards/Hazardous Materials), c) See Mitigated Negative Declaration, Section E, The proposed project site is located within one- quarter mile of an existing school located on Second Avenue, The proposed project will not emit acutely hazardous emissions or materials, therefore, will not create a significant impact to the schools within the surrounding area, d) The proposed project is not located on a site included on the hazardous list pursuant to the Govemment Code Section 65962,5, therefore, will not create a significant impact to the public or the environment. 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 adverse safety hazards, f) The proJect is not located within the vicinity of a private airstrip; therefore, the project development would not expose people working in the project area to adverse safety hazards, g) The project is designed to mcet the City's emergency response plan, route access and emergency evacuation requirements, The proposed fire improvements include an emergency turning radius and fire hydrant. No impairment or physical interference with the City's emergency response plan is anticipated, h) The project is designed to meet the City's Fire Prevention building and fire service requirements, No exposure of people or structures to a significant risk ofJoss, injury or death due to wildfires is anticipated, Miti!!ation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potential1y significant Hazards/Hazardous Materials impacts to a level ofless than significance, VIII, HYDROLOGY AND WATER QUALITY. Would the project: a) Result in an increase in pollutant discharges to receiving waters (including impaired water bodies pursuant to the Clean Water Act Section 303(d) list), result in significant alteration of receiving water quality during or following construction, or violate any water quality standards or waste discharge requirements? D . D D 9 b) Substantially deplete groundwater supphes or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e,g" the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Result in a potentially significant adverse impact on groundwater quality? Less Than Potentially Signific:lnt Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporated 0 0 . 0 Issues: c) Substantially alter the existing drainage pattern ofthe 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 ofthe 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 100-year flood hazard area which would impede or redirect flood flows? e) Expose people or structures to a significant risk of 0 0 0 . loss, injury or death involving flooding, including flooding as a result of the failure ofa levee or dam? f) Create or contribute runoff water, which would 0 0 0 . exceed the capacity of existing or planned stonmwater drainage systems or provide substantial additional sources of polluted runoff'? 10 Issues: Comments: (a-I) See Mitigated Negative Declaration, Section E, Mitieation: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact The mitigatlOn measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant Hydrology/Water Quality impacts to a level ofless than significance, IX. LAND USE AND PLANNING. Would the proj ect: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the pTOject (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? 11 o o o o D . o D o . . o Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Signilicant Impact No Impact Comments: a) The project site is surrounded with single and multi-family residential, including nearby industrial land uses, The proposed residential infill project would be consistent with the character of the immediate surrounding residential area and would not disrupt or divide an established community; therefore, no significant land use impact would occur as a result of the project. b) The project site is located within the Rl and R1P6 (Single-Family Residentia1lPrecise Plan) Zones and RLM (Low-Medium Density) General Plan land use designation, The proJect is required to rezone the existing R16 parcel section to Rl for comprehensive compatibility, Tne proJect has been found to be consistent with the all-respective zoning regulations, General Plan guidelines and regulations, therefore; no significant land use impacts are anticipated. c) Refer to Mitigated Negative Declaration, Section E, Potential short-tenm construction noise/raptor nesting and biologically sensltive impacts are addressed in the Mitigated Negative Declaration, Section, under Biological Resources, Miti!!ation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant Land Use/Planning impacts to a level of less 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? o o o . b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? o o o . 12 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 the existing single-family residential land use, The proposed project would not result in the loss of availability of a known mineral resource of value to the region or the residents of the State of California, b) The State of Califomia Department of Conservation has not designated the project slte for mineral resource protection, Therefore, no impacts to mineral resources are anticipated as a result of the proposed project. 1VIiti!!ation: 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 penmanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 1) For a project within the vicinity of a private airstrip, 13 o o o . o o o . o o o . o o o . o o o . o o o . Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact would the project expose people residing or working in the projcct area to excessive noise levels? Comments: a-d) It is anticipated that on-site workers and adjacent residential population may be exposed to construction noise associated with short-term construction activities. However, the project will be required to comply with the City's Noise Ordinance, In addition, due to the minimal construction activities associated with the project, impacts to surrounding residential properties related to construction noise levels are not expected to be significant. The proposed residential project is not located within the Health Risk Assessment Area (HRAA), within 500 feet of any adjacent freeway or highway, The project is not anticipated to potentially violate the noise limits of the City's noise control ordinance, The project site contains eucalyptus trees and according to the Biological Resource Study, there is potential for raptor nesting in eucalyptus trees, Potential short-tenn construction noise/raptor nesting impacts arc addressed in the Mitigated Negative Declaration, Section E, under Biological Resources, e-f) The project is not located within an airport land use plan or within two miles of a public airport, nor is it located within the vicinity of a private airstrip, Therefore, the project development would not expose people rcsiding or working m the project area to excessive noise levels, Mitigation: No mitIgation measures are required, 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 inrrastructure)? o o o . b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere" o o o . c) Displace substantial numbers necessitating the construction of housing elsewhere? of people, replacement o o o . 14 Issues: Potentially Significant [mpact Less Than Significant With Mitigation Incorporated Less Than Signitican t Impact No Impact Comments: a-c) The project is surrounded by existing residential development and involves the removal and replacement of one single family residence, The proposed project does not involve the extension of public facilities that would induce substantial growth, Future residential development of the site for the proposed 12 single-family residential units is consistent with the General Plan and would not exceed the regional or local population projections, The proposed project would involve the partial rezoning of the RIP6 to Rl Zone to be consistent with the adjacent single-family residential properties to the north, south and east. The proposed project would not involve displacement of existing housing or individuals, Miti!!ation: No mitigation measures are required. XIII. PUBLIC SERVICES. Would the project: Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other perfonmance objectives for any public services: a, Fire protection? 0 0 . 0 b, Police protection? 0 0 0 . c, Schools? 0 0 0 . d, Parks? 0 0 . 0 e, Other public facilities? 0 0 0 . 15 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Commeuts: a) According to the Fire Department, adequate fIre protection services can continue to be provided to the site, The applicant wilJ be required to comply with the Fire Department policies for fITe hydrant placement, fIre truck tumaround and new building construction, The City's Fire performance obJectives and thresholds wilJ continue to be met. b) According to the Chula Vista Police Department, adequate police protection services can continue to be provided upon completion of the proposed project. The proposed proJect would not have a signifIcant effect upon or result in a need for substantial new or altered police protection services, The City's Police perfonmance objectives and thresholds will continue to be met. c) The proposed project would not induce substantial population growth; therefore, no significant adverse impacts to public schools would result. According to the Chu1a Vista Elementary School District letter dated January 5, 2006, the applicant would be required to pay the statutory building pennit school fees for the proposed residential construction or an alternative financing mechanism such as participation in or annexation to a CFD is recommended, d) The proposed project would not induce significant population growth, as it is a smalJ residential infilJ project. However, the applicant slialJ be required to pay Park Acquisition and Development Fees (pAD) in accordance with Ordinance No, 2945 adopted by City Council on January 6, 2004, e) The proposed project would not have a significant effect upon or result in a need for new or expanded governmental services and would continue to be served by existing public infi-astructure, 'Vlitigation: No mitigation measures are required, XIV. RECREATION. Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantia1 physical deterioration of the facility would occur or be accelerated? D D . D 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? D D D . 16 Issues: Comments: Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact a) The proposed project would not induce significant population b'fowfh, as it is a small residential infill project and would not impact existing or proposed recreational facilities, However, the applicant will be required to pay Park Acquisition and Development Fees (pAD) in accordance with Ordinance No, 2945 adopted by City Council on January 6, 2004, b) The project does not include the construction or expansion of recreational facilities, The project site is not planned for any future parks and recreation facilities or programs, Therefore, the proposed project would not have an adverse physical effect on the recreational environment. Miti!!atio n: No mitigation measures are required. XV. TRANSPORTATION / TRAFFIC. Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i,e" result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change m location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e,g" sharp curves or dangerous intersections) or incompatible uses (e,g" fann equipment)? e) Result in inadequate emergency access? 17 D D D . D D . D D D D . D D D . D D . D f) Result in inadcquate parking capacity? Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporated D D D . D D D . Issues: g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e,g" bus turnouts, bicycle racks)? Comments: (a,b,d,e) According to the Traffic Engineering Department, the proposed residential infill project is not antlcipated to result in any significant traffic, circulation or emergency access impacts, The project generated traffic trips are minimal, approximately 120 Average Daily Trips (ADTs) that is not considered to be a sugstantial increase ini either numbr of vehicle trips, volume or capacity, In addition, the project- generated trips will not exceed the level of service standard established by the county congestion management agency for designated roads or highways, Therefore, will not create significant traffic operations impacts along North Del Mar Avenue and surrounding residential or collector streets, c) The proposal would not have any significant effect upon any air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks, f) The proposal includes garage space including pull out spaces and 10 parking spaces on Villas De! Mar Court in accordance with the Chula Vista Zoning Code, The proposal meets ADA requirements for accessibility and parking, g) The proposal would not conflict with adopted transportation plans or alternative transportation programs, There are no bus turnouts or public transportation systems along this portion of N, Del Mar Avenue, Mitil!ation: No mitigation measures are required. XVI. UTILITIES AND SERVICE SYSTEMS. Would the project a) Exceed wastewater treatment requirements of the applicabie Regional Water Quality Control Board? D D D . b) Require or result in the construction of new water or wastewater treatment facilities or expansion of D D . D 18 Issues: existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new stonm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project rrom 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? t) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply wlth federal, state, and local statutes and regulations related to solid waste? 19 Potentially Significant Impact D D D D D Less Than Significant With Mitigation Incorporated D D D D D Less Than Significant Impact . D . D D No Impact D . D . . Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No (mpact Comments: a) The project site is located within an urban area that is served by all necessary utilities and service systems. According to the Engineering Department, no exceedance of wastewater requirements of the Regional vVater Quality Control Board would result ITom the proposed proj eet. b) According to Sweetwater Authority correspondence dated February 22, 2006 and March 28, 2006, an existing 6-ioch water main is located on the east side of North Del Mar Avenue with Oile existing water service to the site. The proposed improvements will include a new water main extension within the R..!:-QPosed private road that connects to the existing Authoritv water m9-in in North Del Mar Avenue. and terminates in the prouosed cul-de-sac. This would include new separate laterals and meters, as .....1311 as the installatIOn of redueed pressure prineitJle backflom dz\ ices and --Ehecl~ " al','es on any indi'.'iooal--Hre ~fie.n systems. for each parceL Should any of the proposed residences be required to have a buildill!! fire sprinkler system then each water service shall be euuipped with an approved backflow protection deVlce that would be owned and maintained bv the property owner. As the water facility improvements are designed in accordance with water authority standards, no significant impacts to existing facility systems will occur as a result of the proposed project See Mitigated Negative Declaration, Section E (Hazardsffiazardous Materials and HydrologylWater Quality) for details regarding the existing septic tank and new wastewater service systems for the proposed project c) The proposed project will result in the construction of new storm water drainage facilities and expansion of existing facilities. The potential discharge of silt during construction activities could impact the storm drain system. 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 Permit requirements and shall obtam permit coverage and develop a Storm Water Pollution PrevenhOn Plan (SWPPP) prior to issuance of gradmg permits, In addition, the project shall be conditioned to implement construction and post-construction water quality Best Management Practices (B:rv1Ps) for storm water pollution prevention in accordance with the Chula Vista Standard Urban Storm Water Mitigation Plan (SUSMP). No significant impacts to the City's storm drainage facilities are anticipated as a result of the proposed project. d) The project site is within the potable water service area of the Sweetwater District. Pursuant to correspondence from the Sweetwater Authority, the project may be serviced from the 6"-water main on N. Del Mar A venue and the applicant will need to install a service main to service this site. The proposed project will be required to construct expansions to existing water facilities as described in Section b above. e) See XVLa, and b, f) The City ofChula 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. Mitigation: See Section E of the NIitigated Negative Declaration; refer to the Hydrology and Water Quality and HazardsfHazardous Materials Sections. The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate identified storm water/storm drainage and wastewater impacts to a level of less than significant. 20 Issues: XVII. THRESHOLDS Will the proposal adversely impact the City's Threshold Standards? A) Libnuy The City shall construct 60,000 gross square feet (GSF) of additional library space, over the June 30, 2000 GSF total, in the area east of Interstate 80S by buildout. The construction of said facilities shall be phased such that the City will not tall below the city- wide ratio of SOO 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 S,S minutes or less, b) Respond to S7 percent of "Priority Two" urgent calls within seven (7) minutes and maintain an average response time to all "Priority Two" calls of 7,S minutes or less. C) Fire and Emergency Medical Emergency response: Properly equipped and staffed fire and medical units shaH respond to calls throughout the City wIthin 7 minutes in 80% ofthe cases (measured annually), D) Trame The Threshold Standards require that all intersections must operate at a Leve! of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "0" may occur during the peak two hours of the day at signalized intersections, Signalized intersections west ofI-80S are not to operate at a LOS below their 1991 LOS, No intersection may reach LOS "E" or "F" during the average weekday peak hour, Intersections of arterials with freeway ramps are exempted from tms Standard, 21 Potentially Significant Impact o o o o Less Than Significant With Mitigation Incorporated o o o o Less Than Significant Impact o o o o No Impact . . . . Less Than Potentially Significant Less Than No Issues: Significant With Significant Impact Impact Mitigation Impact Incorporated E) Parks and Recreation Areas 0 0 0 . Thc Threshold Standard for Parks and Recreation is 3 acres of neighborhood and community parkland with appropriate facilities/l,OOO population east ofI-80S, F) Drainage 0 0 . 0 The Threshold Standards require that storm water flows and volwnes not exceed City Engineering Standards, Indlvidual proJects will provide necessary improvements consistent with the Drainage Master Planes) and City Engmeering Standards, G) Sewer 0 0 . 0 The Thresh01d Standards require that sewage flows and volumes not exceed City Engineering Standards, Individual projects win provide necessary improvements consistent with Sewer Master Planes) and City Engineering Standards, H) Water 0 0 0 . The Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently wlth p1anned growth and that water quality standards are not Jeopardized during growth and construction. Applicants may also be required to participate m whatever water conservation or fee offset program the City of ChuJa Vista has in effect at the time of building permit issuance, 22 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a) The project would not induce substantial population growth; therefore, no impacts to library facilitIes would resuit. No adverse impact to the City's Library Threshold standards would occur as a result of the proposed proj ect. b) According to the Police Department, adequate police protection services can continue to be provided upon completion of the proposed project. The proposed project would not have a significant effect upon or result in a need for substantial new or altered police protection services. No adverse impact to the City's Police Threshold standards would occur as a result of the proposed project. c) According to tile Fire Department, adequate fire protection and emergency medical services can continue to be provided to the project site, Although the Fire Department Itas indicated they wiU provide service to the project, the project will contribute to the incremental increase in fire service demand throughout the City. This increased demand on fire services will not result in a significant cumulative impact. No adverse impact to the City's Fire and Emergency Medical Threshold standards would occur as a result of the proposed project. d) According to the Traffic Engineering Division, the slUTounding street segments and intersections including Third Avenue and Del Mar Avenue will continue to operate in compliance with the City's traffic threshold standard with the proposed project traffic. No adverse impact to the City's traffic threshold standards would occur as a result of the proposed project. e) The proposed project would not induce significant population growth, as it is a small 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, f) Based upon the review of the project, the Engineering Department has determined that there are no significant issues regarding the proposed drainage improvements of the project site. The proposed drain system includes improvements to existing drainage culverts to handle 1 DO-year storm events, a series of inlets, private catch basins and culverts, lUlderground detention systems, discharge controls, and filtering systems. No adverse impacts to the City's drainage threshold standards will occur as a result of the proposed project. g) The project site is within the bOlUldaries of the City of Chula Vista wastewater services area. The existing area sewer facility system includes sewer lines along Bayview Way and along Vista Del Mar Court. There are currently no sewer mains abutting the property that would allow for gravity-type flow. Therefore an off-site main extension through the Third A venue right of way, and an 8" PVC sewer main up to the southwest comer of the subject site and into the proposed project court cul-de-sac are proposed to service the various lots. The applicant shaU be required to submit a fmal sewer plan to the satisfaction of the City Engineer. The apphcaot is required to grant an easement to the City of Chula Vista wastewater services for the purpose of maintenance of the proposed sewer lines, No adverse impacts to the City's sewer system or City's sewer threshold standards will occur as a resnlt of the proposed project. h) The project site is within the potable water service area of the Sweetwater District. Pursuant to correspondence trom the Sweetwater Authority, the project may be serviced trom the 6"-water main on N, Del Mar Avenue and the applicant will need to install a service main to service this site. No significant impacts to existing facility systems or the City's water threshold standards will occur as a result of the proposed project. LVIitigation: No mitigation meaSill'es are required. 23 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 D D D . D D D . D D . D a) See Mitigated Negative Declaration, Section E, Potential short-tenm construction noise/raptor nesting and biologically sensitive impacts are addressed in the Mitigated Negative Declaration, Section E, under Biological Resources. b) Thc project site has been previously disturbed with a similar resIdential land use and site improvements, No cumulative considerable impacts associated with the proJect when viewed in cormection with the effects of past projects, other current projects and probable future projects have been identified, c) 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 of less than significance. Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitlgate potentially significant impacts to a level ofless than significance, 24 XIX, PROJECT REVISIONS OR MITIGATION MEASURES: Project mitigation measures are contained in Section F, Mitigation Necessary to Avoid Significant Impacts, and Table I, Mitigation Monitoring and Reporting Program, of Mitigated Negative Declaration IS-04-022, XX. AGREEMENT TO IMPLEMENT MITIGATION MEASURES By signing the line(s) provided below, the Applicant and/or Operator stipulate that they have each read, understood and have their respective company's authority to and do agree to the mitigation measures contained herein, and will implement same to the satisfaction of the Environmental Review Coordinator. Failure to sign below prior to posting of this Mitigated Negative Declaration with the County Clerk shall indicate the Applicant and/or Operator's desire that the Project be held in abeyance without approval and that the Applicant and/or Operator shall apply for an Environmental Impact Report, <t' ' 0;9 , .>t' eYe (eJ ~')t.~bai" Printed Name and Title of Applicant (or authorized representative) /ti/14 Sighat~te M Applicant (or authorized representative) z/2;ft ? Dat N/A Printed Name and Title of Operator (if different from Applicant) N/A Signature of Operator (if different from Applicant) Date 25 XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potential1y affected by this project, involving at least one impact that is a "Potential1y Significant Impact" or "Potential1y Significant Unless Mitigated," as indicated by the checklist on the previous pages, D Land Use and Planning DTransportation/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 D Noise D Recreation D Mandatoty Findings of Significance 26 XXII, DETERMINATION: On the basis of this initial evaluation: I find that the proposed project could uot have a significant effect on the D environment, and a Negative Declaration will be prepared, I tind that although the proposed project could haye a significant effect on the environment, there will not be a significant effect in this case because revisions in the projcct have been made or agreed to by the project proponent. A Mitigated Negatiye Declaration will be prepared, I find that the proposed project may have a significant effect on the enviromnent, and an Environmental Impact Report is required, I find that the proposed project may have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect: 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, An Environmental Impact Report IS required, but it must analyze only the effects that remain to be addressed, I find that although the proposed project could have a significant effect on the environment, because aU potentially significant effects (a) have been analyzed adequately in an earlier ElR or Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ElR or Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required ~:f~~' Environmental Review Coordinator City ofChula Vista '7/"I/~k r I Date J:\Planning\1vlARIA\lnitia! Study\Vi11as De! Mar\IS-04-022draftChecklist.doc 27 . D D D ATTACHMENT 6 LETTERS FROM RESIDENTS March 17. 2C06 Case Number: DRC-05-56 Project Description: Design Review for 12 unit planned residential development known as "Villas De! Mar" Site Address: 160 North Del Mar Avenue Project Planner Planning Dept. Bldg. 300 Chula Vista Civic Center 276 Fourth Avenue Chula Vista, CA 91910 Attn: Jeff Steichen ! am a property owner in the surrounding area of this proposed development. I am concerned about the environmental impact that this project will have mainly with traffic. I am suggesting that me existing road, North Third Avenue, west of this project, be used as the main access road for the residents of the new homes in this development. North Third Avenue is already designated for utility use for trash and sewer for this development. Please have whatever issues for using North Third Avenue road be addressed and resolved now. l11e map shows that there are undeveloped areas around this site. These areas will probably be developed in the near future, and, they would also benefit with the use this road. Thanks for your consideration in this matter. Sincerely, ~~;!- ~. 25o.rJ@ Terrie A. Sapp Ir;:::\? ,~ ~ 1 ~:: ~, rr01 IL,/l; ,- ~ - -, Iii ill ~~! M~,R 1 7 ZG06 Jil0 I .'. PL,t\Ni"11NG 255 Shirley St Chula Vista, CA. 91910 280 Shirley St Chula Vista, CA 91910 2-90 (]ll:1.la Vista City Council and Pla:nning April 3, 2006 Subj: ~\TeT\J\l houses 'Jvest DfDell\;Iar::;etvleen I"Ti\Con Place .wa Bay-yie'Vv = strongly object tache plac~ment.of 12 ne"01 houses and a park -en the 2 Y4 acres of land proposed. for 'the following r-easons; With aCC"S3 stre,,!s and sidewalJcs there are no yards for the houses. Chula Vista should maintaill. i-[s bedrDom ,CDm"i]1uruty 'With pice nouses and yards and nor jam houses so clos~ together that neighbors can wash each others windows, Our neighborhood is zoned to anow single faJJ1ily houses on a lot big enough to have a yard for I:lInilies, It ';\liD ruin it TO jam houses on to little lots so small a park for all the houses must be built. A builder -will make his money an,d leave bm we choose to live in our great neighborhood for many years, Please do TIot destroy OTJR NEIGHBOOR..LJ:OOD OliR HOi'vIES OUR LIFE STYLE just because someone wants to make a few extra dollars at our expense, Proposed park wil! have problems ,MiTh who does up keep, it will be used by neighborhood kids even though it is private, who will be liable for any accidents. The aooiiion .or 12 families v.,rith 2 cars or more vI/ill tremendously L~pact the traffic in thi8cae~Dmood_ "j / /'.//2, /'/ i }A,,-'/lJ.-~t d //4'/IJ...~_. Rlchard L BatteitiSi1" /'~ 209 Nixon PI Chula Vista, CA 91910 2-91 ~- Ie:: " '~ .t::i."'?-;;-- <= -~ }.!.. - f 1 ! :;,:\v~/~-:e""..j_4~.'jC.4 "d "'Vy!l "';";;'.;:".;/ .0 ., ."" .:J f,V? 1 :t:: j',,.,,.... " , f~)~,;;;i '1'-'.' j0',)'" J'1V'~J.'f, . / :~ , ~=' i' .".~ ~P..f ,)v,li'! , .r:; ... '--=' At;;;' ",-," ."c_ J-Jj~-. jh'J:, .l'_ /~.Y;/ ,;Ii.';) .v.';':..~,""I-i'q~'''\ ;.( -~ j~ . /:} ll/~,!!:- '::/~ ;jj~';:/.., ';;y/-l')Ai/'~ }'~ ;A,l:/ "_f't/Y':ft.,C -' ".>~. ,77(J:J] ; /l,""J,;::,;j ;..........;" /r...",;; 7z5:?f. ':;v ,>' ,::} l~1 i: ,~"'"'''' __0'7,/\" ':;1 ~ 6 ,~v";~/ ! ~ IA! -- , )'itorIT j",~./i!jiF :J",i!j' /?'~'1./ yfi-'"!$ t I }' 3 7:"i!E',6: r ;:J)~ .-r--:' //Ji!" (?,4 /,,/ //ilf,.;) , ? 01E /.,"1 J:: fif.~ j?;:;~q~ , . :;: ;:;;t';--)~:~/ t( '~,d ~ -? ;.:.;; -}",,/ ..,i";' ~,nJ!t:.:,' J.' r/j i~ , tv/.,g! ti/~J u/ " , ;;)'''''/ d'~~// /\1:...,,'7 J.J- .'=.,J /~' if! if /q .'1/~ /...:.::t:;.,,'.,,, / ..f"..... .~~.- . ,,~ .~ "'."'" .c"" """ , , ..:<"'}/_~~ 1'1'1'&,,/1 / ..,f' ;..,/. -" ~./Jr;f "':;,~ ~~,I i si k-.-:> ,OG ,.~ i'V _I . ~r;;> ~ '1"'"v'4""')-t~?"> .1 ,j~~"1 'i- .j..'- /;!l/c/ Al-tt' .7 $e/11/; ct~\/ f L1t."" ,:1 ~~;~:;"'Y~ii}j;~: 8""", .,- ~c;:: ~,: /~?;:)};f .? ~/~ 4..?i! ;"",V / i~/id' tlJ.€ , f:/:r!E:,d'f5 =--" f),.i'J~ ""--><1'1/ , bit: rf~?>.~ ? ,..... /_",,-,~ ~-""'/ J ~'''-'J.r- "",;.,/,';,.,.ri~~C> ......_~" !- "'""- J'I,[ ~;;J ~ 0 ,'~-4," .' .~~ ;#/~~ r." ;C ",--J"I )~,O ,r4. j?flj'.."> ,~j?if_=-d11;, -~cp.",__ J '" .. c./...,f,.,;.... .;:"'Ji!l .' "",f-C: L/'i.'~;..v' " -j"2 cP"" ,/1,_ ~ ,..,.... ..> "?""" /""" ,I -.),> .,r<>c)..cJ _...-r .::o/A:;,..::-c;.i ] , ,''.rJ;...-'!",;;-ji~i'''' J",-,,"iT"_.,J T.h,~ " f S-;< -,- ~. '. '" . ,-j'" ;". j" --.--...- , /.? V'..?!~t j '/,;4/" ,I,,) J'cIV'!.oo-_J "" J I~'-?" ,J-'<1;; , 7 M::/ J4) ',C 7'1. l' v~ ,)~Aould/ ,lYE /'f~{:j 1A/"l:d/ " r'r T-eA~'!..f/<(' Jj?" <-#1'- ,,)... ,'::v,. "'!.it '-"-";.'-CrJ , /J, '_;(,- ;-"'.-~j'..":'" J ,_ .I 7"" ""_ '''_ .....-, / ./ f". ' )' ""}J // """,,'/" l..--./"~ .".. - ,;0;.;;.. ~ ,,+;1~ , /==,,~,(,~ i~ ~,;.~ .:J'c-";:_.......f_ . ! .-i- ; / ! . '- l1/d'u/d /7R7~ , td .,.". /l' ,),jd/6'74/A1j ~ J i } r .j~.fJ(;,~v!- ~ "'" )'Y;/d f'f/5' Y JI" .~ , .~/r"7J1.j~o '...- - - Q . / VnY ViEt",' , J ""I 1/ /'" ;/'1 Ti1;...) Iv:., ,... ....l_ .)l.~c.. .,-..,- .:;.,... "./~;;- f' ';;;Oi'Y'Jc '>/-",tr ..?JAy,,-- ,+-, . / -i-/ ,.,.... CJ(;l/, /I f"t(JI j y) ~ " c"?/d , bc.Lit' , / ,I . ./ 00/1(/ r~ /1 - l/ ....-' :C,/~{..;i " y.? ?-,,{I' v"..", , /; "('"-,-:;> ..")~../ce.,,, /:$ ~.~l( # ~ 11,.- L,JAy (~.6"", / .~i./,.':...j w#"".""'" ~ _ /1.'/V !~.;d J.......~__ ""V ,1/./7,,/,;-_..7""'/"" y / .- /' c/-l/V4 , ., -=--- j""" -r/'f,': is;, ~,~ /- - i' .....,,,,,d r ,,'" <// ~(f~"<l~-;/;;'''" , pry 0:5 /Y}~J!tj , , ~. .4-r ",~,/",,- f ~ d ,/7 ,j I",-'j~ )4/1/.<'6 . ~ ,..- , l1--if? ~~ Il;:' S'OP/~O~'l,jC 1>,~ ,€:,e, ..;::>' , /:-,~ ":"$1 / ""'&::01'4 I ,~.,...;... .4....., /..,./ "-vw,~d .i'1itJ! .J,. " /-1" .,'--, .... "-A of /..: f/.t:;.l , A ;;"-"" ~ jo.., c;/Vl v- i/ li A-l("'f C)!>y.<~ . , /, I;1~ , r:<6E J' /-1KE: CJ ,(../:e;-,e frY/';rl,.,- ,,1jdj"_"'- i J...., n,v O-',,)///lj:v~ ,...... r J:..-il.. _--.;...0.7' ./ ; .I / j t jtV tEA'. ;;~d3 /".:;,.,- '- lip.,. ~ -A ..-:}_ t;,' /7 ;:<.t; /7/te.(;E:f i ./ ..-:j_ .,-w ),A.,-"Q" ~ i:: . .' ~. P~/ i ;CJ.,/~ ....j.- -- ~v' &' t.. ""c;."r ve ;..)Ke- /JiorP. if: /1:0~E: / t1,:;,'Y! r<'" ~ ~ -,.;) " (S "., ,~ /(,r.4L '/ i\ I j!/If.(;(!I w.;'~ /1,,fE/t , /74// it: , I I ,./ A /?!;<fr;- '1'-", {;7 A v :f1J'J jo' .c: !i/' .,/ ;>, j7" >' , . I ' /0 ' 0'<:: jfv'Erl c'~/<.b;. ;tltl- /1f;;; fA y. i -- ~... .I r .' i.AE'o ::-- /f'.(A/ I _ /?-J.....,:....,J ~ ;;,./J: I (,.i~ <C I /t jtkJG~ ;0d,)' ) I ).,,/~/k\ ",..,.-r-r..... ..... / , /<'u/ ..t- 1"'1"';:. r/ .- / l 1.;,..""--0"<: c f,/g" ~ ~.-t.- f ~ ;;J/it:.l.47iJi'/ ;;4,...r",f ~j,,',~ ~; J /" <Co j ,X~"/ V.t-;";:..,,.y A~ ..- ...... i> p.4 C<" ~ ,-J '" '- ~-;r,.'J'!_:'A -f"f. v. ,~i;;h~~//&E?"'" '" f/j ,/ c?P;;;" ') - ,," if " ., . '':''--.-' :-,,,,,-: / / ,/. ' """. . ,..-:;y.?").':Y" /1/>. :,..13;A-t ,y,,// - - -. ""~~---~-- --- , '~i rA,t,R I 7 ,:: --: J '--~'--.-~ ..----->.-' , , ~ _ L "'""--~-~-~._.~~---=-.--.'-"-~_.--------~~~~~._~--, 7U Whom /-f!!laC; Cof7Ct2I!J1) C3 - /7- DI.o COIx:ernt''j +h-e rrojpcd. cc+ / Ie 0 jJ /Je I mar Hv'€. C{iS-f:' =# iJ!<.c -OS--C{p .L - arzd~l -ami /; des /d-e cc+ 230 S~I'{le'f 5f,-J-- C2St- you Iv 11~5-e Ccr75f{/er u5/ ()9 fJ" 3rJ ME: _ as qcc-eS5 --{;v --r; fv r ere 5 /c/errk -/0 -lire q !Jove- , Sa.. (~I ,d-eve Iof/l7en-j. tJ)-€ Q t~ . _ C-D.116€rn.TEI ak:vut ,-fk- fro5fa~'vt -fra:ff7c --IA.cvr 1>>/1/ J:x: , CGtf\tYl ,"lYJ cf~ 511F/'10; pi, u-Je faye TArN: Sma I; cl'/I IIren, CU7C! no :SIck v.Jct!1:5 TLufce A 4av; OUr tAlrdrefJ; crS wt'~/ as I several DAtI' --h:r.ml!10, 0JCllkjv 4tvi frOiY\ fAt" :9:}J:::D! bus 5fop ctf, +A-e.. sa.rrrf ,--h >'(1 e pc Of /-Q C{f --e Ira (Ie II r;3 1u Cf'Jlc;! -&EJ{Yl _iA)o32~, Hcldf~ f'(U)re fraffic P_ our ~fr~+ wU!, hOS--e.- ,q --/ern), (-e . (1St:- ~ +~ eh, /dY(:(\ In CUY (Jer1A};orka::/ [~ welwh1f:' fJ-tw niftr'q/j::;8d's! ~+ please.. / r /-eas-e CDtJS/C!er' U5 ( 0-0} W 3(') I1ve ex-nd II C 'I 5/;eef a5 7A ~ , Mo. in . c/t C C:.e-s s JD 1& /7 e IV de (.Ir:: Ir /0)61-.:/ project .7+ ~vul4 be more C{c~~j;k ~)o f;L~.~ +v r. lA, -t , f}C'Iz) r L SJ J,'ffLfS / Ccrrlr1 un l-f:t h .-JA--e 51 5. c{nd _ ~O?- --/rE€~! rjUlvl Lug V (ef. a (lev('cv--J.L ,'-I/J-42. Qmf:u~f- ,0.1 +rctfh93 [o(nm /niJ - do--u;n , ^ _ ' ~ /, _ _ I I . _ //!.'~' / -L.L' _ ,----.!.. _....L lXp-fJ l- (tns/oen ry c() IE r hearv)f c[/i /' (. {)Ur rD/(l...-1-- Dr Vi'CLu, )i:e!j; , 7k liltU~~ ~[ty a f ,~3D 51; l'r/-ey !/ CAu/aV;5k. ci1! 9/9/0 ----- - - 2-94 ~ .~ ~jj l6 {j 11 May 04,2006 250 Vista De! Mar Court r.h..'a V''''+a ra <\1 "~,0 _,.",,~i \!J....,<l..~ v ..w .;;) 'V 1-1"-''''' Ir"'~_ t~ i0 , '-'<I I f'lli U ill 'j) RE: Villas Dei Mar Deveiopment,LLC Case # PCl-05-03/PCS-04-06 Location: 160 North Dei Mar Avenue PLXiNiNG Attn; Jeff Steichen, Project Planner City Of Chula Vista Building 300, Chula Vista Civic Center 276 Fourth Avenue, Chu!a Vista, Ca. 91910 To \Nhom Jt May Concern, The proposed development located at 160 North Del Mar has sparked some concern amongst neighbors in this somewhat tight-knit and diverse community. Excess traffic, speeding and parking are the greatest complaints from the surrounding impacted area, Therefore, ! am writing this letter in an effort to make the city aware of Ihese concerns. The number one complaint seems to be directed toward excess of traffic in the immediate area. Our community is made up many senior citizens that have been in this neighborhood since its development in the 1940's. These senior citizens have since, raised their children, lost loved ones in service to our country and have witnessed first hand the many many changes that have taken place over the past 60 years within the city limits. Since the early 1990's, the makeup of the neighborhood has reverted back to young families raising multiple children, In the past fifteen years more than t\venty (20) two storey homes have been errected within this same city blocl<: adding more than eighty people to this once, quiet community, inevitably, with more residents comes more visitors, vehides and traffic. Since the addition of 20 homes in the area, the City of Chula Vista has done little if anything to improve the streets, sidewalks or address the traffic problems associated with the newly added residences to this smail neighborhood. What are the plans that the City intends to implement with the addition of another 12 homes in an already congested neighborhood? Secondly, speeding cars are a growing concern for us residents. !t is not uncommon for vehicles to be traveling on North Dei Mar avenue in the 50 mile per hour range at any hour of the day or night_ There are many young children in the neighborhood playing in the streets and riding bikes ,scooter and roUer skates. !, personally have witnessed on severa! occassions near misses between speeding vehicles and children on bikes, if.:' '......"""1 ,-~ ; ,-. 1. G 1) \j '"Iii li1 Ii j O! ii L./!i it,~_/ j i 1 1 , -4 j I I Also, the comer of C street and North Dei Mar Ave is a pick-up and drop-off point for the Hosebank EJementary schooi vvhich brings even more vehides to the neighborhood to retrieve or deliver their children to I from the school bus. Vehicles from Second ave, routinely use North Dei Mar avenue as an alternate route to access their point of destination, Usually, people are racinq in their vehicles in an attempt to make it to the Department of Motor Vehicles before it closes. What does the City intend to do in regard to the speeding vehicles on this very small stretch of North Del Mar Avenue? I have noticed in other areas of San Diego County that problems are not addressed until ,AFTER someone is seriously hurt or worse. I hope this is not the City Of Chula Vista's standard practice. Lastly, the lack of parking in the area is a growing problem. On Bay View Way, vehicles park on both sides of the street ,leaving room for only one vehicle to pass at a time. The problem will definitely impact the surrounding area with the addition of the 12 proposed homes since undoubtedly the new residents will use the street closes to their home. Apartments in the immediate area already use North Del Mar, Del Mar Court and Shirley street as an overflow parking lot. Does the proposed homes have plans to provide extra parking for visitors and residents with more than two (2) vehicles? How does the City plan to rectify this problem? Please fee! free to contact me in regards to this letter or any of the issues mentioned above. Also keep in mind that I am not speaking for just myself, but for others in the neighborhood who have confided in me to share their voices. ! can provide names and addresses if it would be helpful to the community. Thank you for your time in this matter and hope to hear from you soon. /\ ..// / ,"' j"L ( " 1,/--::;{~:W"7,-r;'t"'"~" C{llc{..Lj~/ ,-, -/ ./ Mr. Lancelot C, Longaker (619)P254-2191 ATTACHMENT 7 PROJECT PLANS (ATTACHED) ATTACHMENT 8 OWNERSHIP DISCLOSURE )f? -~- - - P I ann n cr o & Building Planning 05v-i-sion Department Develooment ProcessinO" , 0 CITY OF ,HUlA VISfA APPLICATION APPENDIX B Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council Planning Commission and all other official bOdies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed, The following information must be 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, contractDr, subcontractor, material supplier, vi II \ ~ .\Dt \ /,t,:( Vr-Ji \0,,",-'''-'"+, LLc.. (7,...-c-( t\ / ' , ,-u\\c:~(V"\..:.... 1)-"I!~\':;>,/.J~e...,\-) LLC 0e.OLOvA i / T \.A.~ 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 (cDrporation/partnership) entity, n . ' , (c....., ().....AJ. l ru A ,. c ....~T c::..- Ru b 1:" l.-1 ,1. ,,- c;. _"..:, G>-- ,/ .... L. r1 0"...::....i.a -,.0 ,~ = .:.('"G ,<,--\ f .;;:> _<.. ~ .::....... i.J-~ i...J,-" 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. Tn &Ne' ",,\ - ' :C\Ao;.',I'\C~'- \~ J :,.J ~ . ,- i ,1 -+ tZcX e.,;-lL....:- -t- 5 (~uc..J-' c. 4, Please identify every person, including any agents, employees, consultants, or independent contractcrs ycu have assigned to represent you before the City in this matter, '-;::- eJi e r\ c- 0 :t ,s [~beje JiJi..-t K L.o f':::~v (lA.{!..\ T""'-c\"l';'" / 5. Has any person' associated with this contract had any financial dealings with an official" of the City Df Chula Vista as it relates to this contract within the past 12 months, Yes_ No~ If Yes, briefiy describe the nature of the financial interest the official- may have in this contract. 6. Have you made a contributicn of more than $250 within the past twelve (12) months to a current member of the Chuia Vista City Councii? No / Yes _If yes, which Council member? 2-96 ;:,\!!? ~~- . p I ann n g & B u i I ct.; n g Planning Division Department Oeve]oofilent ?rocessina , 0 cm Of .-:HUIA 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 Cr,ula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal cebt, gift, loan, etc,) Yes No~ if Yes, which official" and what was the nature of item provided? Date: 1/IC,Jc~ Sig~1dctor/APPlicant \J : \ \ r., 1 Y{ \ M c.v Vue (D:Q ':"c( "1 +- LLCprint or type name of Contractor/Applicarlt Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, frateCOla! organization, corporation. estate, t"1Jst, receiver, syndicate, any other county, city, municlpaJity, cistrict, or other po!itical 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 <= board, commission, or committee or the City, employee, or staff members. 2-97 PLANNING COMMISSION AGENDA STATEMENT Item No.: 2 Meeting Date: 10/18/06 ITEM TITLE: Public Hearing; consideration of a proposed Genera Plan amendment to establish a Mobilehome Overlay District Resolution Recommending City Council Approval of a Proposed General Plan Amendment to Establish a Mobilehome Overlay District SUBMITTED BY: Director of Planning and BUildin~ One of the major focuses of the comprehensive General Plan Update adopted in December 2005 was the need for urban revitalization and redevelopment, particularly in western Chula Vista, During those deliberations, one of the questions raised by the community was concern over the possible displacement of existing residents when redeyelopment of some existing housing areas takes place, such as within portions of the City's Urban Core area, This was of particular interest to mobilehome residents as their housing costs are often lower than market rates for other comparable sized housing units such as rental apartments, In order to ensure that the often special circumstances of mobilehome residents are addressed whenever a change of use and/or rezoning is contemplated for any existing mobilehome area, the proposed General Plan amendment would create an Overlay District encompassing all existing mobilehome developments within the City, and effectively require preparation of a plan of actions to address any adverse effects of conversion, prior to City consideration of any change of use and/or rezomng, RECOMMENDATION: That the Planning Commission approve the Resolution recommending City Council approval ofthe proposed General Plan amendment. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable, ENVIRONMENTAL STATUS: The City's Enyironmental Reyiew Coordinator has reyiewed the proposed General Plan amendment for compliance with the California Environmental Quality Act (CEQA), and has deteIDIined that that there is no possibility that the project will have a significant effect on the environment and therefore is not subject to CEQA pursuant to California Code of Regulations Title 14, Chapter 3 Article 20, Section 15061 (b )(3), He m NO.-=----2 Pa!!.e No.: 2 Meeting Date: 10/18/06 DISCUSSION: Back!!.round- The General Plan serves as the long-range vision for orderly growth and deyelopment within the City, Among its many goals and objectives is the need to maintain an adequate supply of land designated and zoned at appropriate densities to support a variety of residential housing types, This is in recognition of the need for the housing to respond to the varying income levels and lifestyles of existing and future residents, In Chula Vista, mobilehome developments have historically been a part of that supply, and haye effectively provided a unique and affordable housing source, Housing costs for mobilehome living are often lower than market rates for other types of housing such as comparable sized rental apartments, As such, it is not uncommon to find that many of the households residing in mobilehome developments are liying on fixed incomes, or are otherwise in need of lower-income affordable housing, Additionally, many residents own their own coach, but rent or lease the land space, leaving them vulnerable to changes in land use, These circumstances can present added challenges in finding suitable replacement housing options for mobilehome residents in the event of potential closure of one or more of these developments, There are currently 32 mobilehome developments within the City in a variety of settings ranging from well organized and maintained parks with exclusive Mobile Home Park (MHP) zoning, to less fonnal and often smaller trailer parks in areas zoned for commercial or other development. While many of the existing parks are not within areas enyisioned for change by the updated General Plan, there are, for example, seyeral within the Urban Core Subarea where higher density housing and transit-focused mixed uses are enyisioned to occur. Giyen growing housing demands and rising land costs throughout the region, there will likely be increasing market pressure over time for some mobilehome parks to convert to higher density housing and other urban uses, With the onset of implementation efforts under the updated General Plan, such as the Urban Core Specific Plan, the possibility for urban redevelopment activities draws closer, including the possibility of potential closure and redevelopment of mobilehome park sites, In order to be better ready to handle such a circumstance, and be best equipped to balance the often unique needs of mobile home residents with the challenges in locating suitable replacement housing, staff is proposing to establish a General Plan-level Mobilehome Qyerlay District. As outlined below, the Mobilehome Overlay District would establish the requirement for due evaluation of the affects of a proposed closure on existing mobilehome residents, along with assurances that the property owner and/or project proponent carries out a plan to address those affects prior to closure, Including an Oyerlay District in the General Plan provides a high-leyei, citywide policy statement to affinn the importance and need to eyaluate and consider the affects of potential changes in use and/or urban redeyelopment on this unique fonn of housing from the standpoints of housing opportunity, affordability, displacement, replacement and/or relocation assistance Item No.: 5 Pal!e No.: 3 Meeting Date: 10/18/06 Content of the Proposed General Plan Amendment - As presented in Attachment 1, the proposed General Plan amendment consists of two main components as summarized below: 1) A proposed new Section 7,17 in the Land Use and Transportation Element entitled "Evaluations for Mobilehome Developments - Mobilehome Overlay District"- This Section presents a background discussion and purpose for the District, along with a new Objective and two related Policy statements, The text of the Section contains much of the same infonnation and context presented in the above Background section of this staff report, The first of the two policies (LUT 34.A,l) establishes that the property owner and/or project proponent must prepare a plan in confonnance with applicable State and local regulations prior to the City's consideration of any change of use and/or rezoning inyolving the subject mobilehome property, that provides steps and provisions to identify and address any adverse impacts of the conversion on the affected residents, The second of the two policies (LUT 34,A,2) establishes that the City Council must review the plan and make certain findings prior to taking action on the proposed change of use and/or rezoning, Among those six findings are that the plan does ensure sufficient evaluation and response to the effects of the resulting closure on the mobilehome park residents, and that an adequate, detailed closure and relocation plan will be finalized and carried out prior to the closure of the affected mobilehome deyelopment. Both the Planning and Building Director and the Community Development Director are given discretion in ensuring sufficient plan content. 2) A new Figure 5-l8(A) also in the LUT Element entitled "Mobilehome Overlay District" The Figure presents a map and list of all 32 existing mobilehome deyelopments within the City that are included in the proposed Overlay District. Staff acknowledges that due to varying ownership situations and other factors, including planned land use, that a number of developments may not be subj ect to conversion, Including all the deyelopments at the General Plan level, however, ensures that the same considerations would be giyen to any mobilehome development in the event that it is proposed for a change of use and/or rezoning, regardless oflikelihood, Conclusions and Next Steps- Adoption of the Mobilehome Overlay District would provide one of the essentially three mechanisms to address the needs of mobilehome residents in the event of a proposed closure, In addition to the Overlay District in the Land Use and Transportation Element, the General Plan Housing Element contains proyisions and policies regarding mobilehomes, and the City also has a mobilehome deyelopment closure ordinance (CVMC Chapter 9.40), Item No.~ Pal!e No.: 4 Meeting Date: 10/18/06 Staff from the Community Development Department's Housing Division will be moving forward with an update to the closure ordinance that will, among other revisions, make reference to the provisions of the Overlay District and establish the detailed content requirements for the closure plans called for by the Oyerlay District. DECISION MAKER CONFLICTS: No Property within 500 feet Staff has reviewed the property holdings of all Planning Commissioners and has found no property holdings within 500 feet of the boundaries of the properties which are the subject of this action, FISCAL IMPACT: None at this time, The eventual cost of preparing the analysis and plan required under the proposed policies would be born by the property owner and/or project proponent. Attachments ), Staff proposed General Plan Amendment Text and Exhibit. ~1:\PLANNING\General_Plan\GPU_Implementation\MH OPA PC Staff Report V2 final.doc A TT ACHMENT 1 - PROPOSED GENERAL PLAN AMENDMENT LANGUANGE AND FIGURE TO ESTABLISH THE MOBILEHOME OVERLAY DISTRICT- The following new text and Figure are proposed for addition to Section 7 of the General Plan Land Use and Transportation Element: . Addition of new LUT Section 7,17 after page LUT-130 to describe the background and purpose for the Mobilehome Overlay District, and to establish an Objective and related Polices regarding any proposed change of use and/or rezoning of any existing mobilehome park. 7.17 - Evaluations for Mobilehome Developments; Mobilehome Overlay District As noted in LUT Section 7,1 and in Housing Element Part L Section 3,0. maintaining an adequate supply of land designated and zoned at appropriate densities to support a yariety of residential housing types is an important component of ensuring sufficient diversity and balance to meet the needs of existing and future residents, In Chula Vista. mobilehome developments have historically been a part of that supply. and have effectively provided a unique and affordable housing source, Housing costs for mobilehome living are often lower than market rates for other types of housing such as comparable sized rental apartments, As such. it is not uncommon to find that many of the households residing in mobilehome developments are living on fixed incomes. or are otherwise in need onower-income affordable housing, Additionally. many residents own their own coach. but rent or lease the land space. leaving them vulnerable to changes in land use, These circumstances can present added challenges in finding suitable replacement housing options for mobilehome residents in the eyent of potential closure of one or more of these developments, As shown on Figure 5-18(A). there are currently 32 mobilehome developments within the City in a yariety of settings ranging /Tom well organized and maintained parks with exclusiye Mobile Home Park (MHP) zoning. to less fonnal and often smaller trailer parks in areas zoned for commercial or other development. Within the Urban Core Subarea. several mobilehome developments fall within the Interstate 5 Corridor District where higher density housing and transit-focused mixed uses are envisioned to occur, With increasing housing demands and rising land costs throughout the region. the likelihood for potential closure of some mobilehome developments over time is real. In recognition of these circumstances. and in order to better balance the often unique needs of mobile home residents with the challenges in locating suitable replacement housing. it is important that further analysis and planning be undertaken prior to the City's consideration of any requested change in use and/or rezoning affecting any of the existing mobilehome sites, In order to accomplish this. the Mobilehome Oyerlay District is established ensure appropriate eyaluation and consideration of the affects of potential changes in use and/or urban redevelopment on this unique fonn of housing from the standpoints of housing opportunity. affordability. and displacement. replacement and/or relocation assistance, Mobilehome Overlay District Attachment I Page 1 of3 As stated in the following Obiective and Policies, the Mobilehome Oyerlay District establishes the requirement for such further analysis and planning to ensure due evaluation of the affects of closure on existing mobilehome residents, and that the property owner and/or proiect proponent has prepared and carried out a plan to address those affects, Obiectiye - LUT 34.A Ensure sufficient evaluation and response to the effects of any change of use or urban redevelopment of existing mobilehome developments, Policies LUT 34,A.l Prior to the City's consideration of any proposed change of use and/or rezoning of any mobilehome deyelopment properties within the City as identified on Figure 5-18(A), the property owner and/or proiect proponent shall prepare a plan in confonnance with applicable State and City regulations, and to the satisfaction of the Director of Planning and Building and the Director of Community Development, that provides steps and provisions to address any adverse impacts ofthe conversion on the affected residents, LUT 34,A.2 Prior to the consideration ofanv change of use and/or rezoning of any of the mobilehome properties noted above, the City Council shall review the plan prepared under Policy 34,A,l, and prior to taking action on said change of use and/or rezoning shall make the following findings: . That the proposed change of use and/or rezoning will not adversely affect attainment of the City's goal to provide a variety of housing options within the City, . That the proposed change of use and/or rezoning is supported by sound planning principles, and will further opportunities to provide higher density, affordable replacement housing within the City, . That the property owner and/or proiect proponent plan does ensure sufficient evaluation and response to the effects of the change of use and/or rezoning of the existing mobilehome development. . That the proposed change of use and/or rezoning will not result in seyere or undue hardship on affected mobilehome residents, . That the property owner and/or proiect proponent plan complies with applicable City and State mobilehome conyersion and relocation regulations, . That prior to the commencement of any closure of the mobilehome development, that the property owner(s) will prepare and ensure perfonnance of a detailed closure and relocation plan consistent with the requirements ofCVMC Section 9.40 and applicable State regulations, and to the satisfaction of Directors of Planning and Building and Community Development. Mobilehome Overlay District Attachment 1 Page 2 of3 1$ .- .. ., en .- Q ~ ca - .. Q) > o Q) E o ::c Q) - .- .c2 o :E ~ ~ .::.rt:. &. ~ ro rn rn a... ~ a.. ..::.:: IV 0... ~ ~ ~ ro ~E IV ro ~~ ~rn roll) Il) a.. IV roo E a... rom roD.. a..C) E Q) E CLI 0 IV D..a.. ~ (Lw .::.rt:. Il)~ 0 E~~~ WIl) I Eww~ ro ~E ro E~~ ItO~$ ~~EB IV ornE: CL =oW.::.rt:.CL o~ro ~~IO~~ro-~o = I~~~~ WE~~I~rn~~IDCL~B8w~~~a..~w~~~ ~~ ~ro rn~~oCLECLwo~roo~~_w~~w=$-~ IV DW~~CL oCL~~~~o~D~~CL~wo5w ~ ~cSoooorn O=DW~ I~~ow~I~o~~~~=~o~=~~owOOc$~ ~~o== 2~~~Drow~~w~~~~wUO~~D~~WWSS s~~e~~~~~o~~D~u5~~~t~g~~~~~8~~~ID oo~Wm =~ ~€~OO~8Cc o~crou~ €oo ~ 5ro~~c5~.::.rt:.m<oC)~~~~rowouwwu80~w~~ .~~ romot~~oo~~ =.~CO~CC)~~~C)CC ~rouo~~3~ ~~~w~~~~~~0~~grn~~oo~g~~~~~~~5~~$c~ ~rorogroro~o~ ro~~~~ Wroro ~oro~ro~~rororoo5 o~m~u~~~~~o~moom~0oo~wOOI~~0~~CLCLOO ~NM~~~~oomO~NMv~~~ro~o~NM~~w~romo~N ~~~~~~~~~~NNNNNNNNNNMMM "' ~ ro D- O> E 0_ IU (l)E =U) -go :;;>- '" 0><= ~O> ~> .~o UjE "' "' " .." U '~ - "' >. C5 "' >- ~ "' c: ~ 5 > "' >- 0 ~ .fj E c:: 5 ~ ~~$ I::~:g ~(3~ CI ffi ')\1 c:I < .I ~ \ \ I-I ~~ L_~ '/"1 .......,...f " \ T"'"---- \. I \, L-, \. I \. I , , \. \. ~.~~ L.._.! ! ! ; !_. " ..i / i HeritaeRd r n_"_ '. \ \. \ \. \. ) i...., ! ! i j L.._.._..i -'I ,"-'-1 \. , \ ~ 81 \ / ~!I!i \ / \\ Y \\ _---- '1 --- -.,-.,-. b:::.~.~=-"-"-"-"-"-"-"-" , r--J i I i I ! I ! I L.'l I <~~ Oz z ~ ~~!:I~>' 'ii, IIg=> (( 11::1 /j o o (YO .--. c-'- ~ ----1 OJ 01 rv Q... I \. r--J \ I \1 '\ \- \-I CI: CO .... , It) 2! :I aI ii: I , ~ i I-I L_ _.... ,--- I I ,--, LIl / I____....--,J I i (___ I ., , I (.I -. I ... -, , , , II '\ I ," (- I ATfAC.tfHFAJT :1- p3-.3e-F3 RESOLUTION GPA-07-01 A RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING CITY COUNCIL APPROVAL OF A PROPOSED GENERAL PLAN AMENDMENT TO ESTABLISH A MOBILEHOME OVERLAY DISTRICT WHEREAS, the City of Chula Vista's current General Plan was last comprehensiyely updated on December 13, 2005; and, WHEREAS, identified among the many goals and objectives of the General Plan is the need to maintain an adequate supply ofland designated and zoned at appropriate densities to support a variety ofresidential housing types in order to ensure sufficient diyersity and balance to meet the needs of existing and future residents; and, WHEREAS, mobilehome developments have historically been a part of that supply in Chula Vista, and have effectively provided an affordable housing source; and, WHEREAS, many of the households residing in mobilehome deyelopments are in need of lower-income affordable housing, and housing costs for mobilehome living are often lower than market rates for similar sized rental or other housing units in the local market; and, WHEREAS, these circumstances can present added challenges in finding suitable replacement housing options for mobilehome residents in the event of potential closure of one or more of these developments; and, WHEREAS, increasing housing demands and rising land costs throughout the region are creating increasing market pressures on the potential closure of some mobilehome deyelopments oyer time; and, WHEREAS, in order to address the often unique needs of mobilehome residents and the challenges and potential hardships in locating suitable replacement housing in the instance of a proposed mobilehome park closure, further analysis and plans regarding relocation are needed prior to the City's consideration of any requested change in use and/or rezoning affecting existing mobilehome park properties; and, WHEREAS, the City is proposing the subject General Plan Amendment to establish a Mobilehome Overlay District to require such further analysis and planning to ensure due evaluation of the affects of closure on existing mobilehome residents, and that the property owner and/or project proponent has prepared and carried out a plan to address those affects; and, Planning Commission Resolution GPA-07-01 Page I of3 Planning Commission Resolution GPA-07-0l Page 2 of3 WHEREAS, the areas of land for inclusion in the subject Mobilehome Overlay District contain all land parcels within the boundaries of the existing 32 mobilehome parks citywide as presented on proposed new General Plan Figure 5-18(A) of the Land Use and Transportation Element included as Attachment I to the October 18, 2006, staff report; and, WHEREAS, the General Plan amendment also includes a new Section 7,17 - Eyaluation of Mobilehome Developments - Mobilehome Oyerlay District, within the Land Use and Transportation Element to establish the basis and intent for the District along with an Objective and Policies stating the requirements established for properties within the District, also as presented in Attachment I to the October 18, 2006, staff report; and, WHEREAS, the City's Environmental Review Coordinator has reyiewed the proposed General Plan amendment for compliance with the California Environmental Quality Act (CEQA), and has detennined that that there is no possibility that the project will have a significant effect on the environment and therefore is not subject to CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines, WHEREAS, the Planning Director set the time and place for a hearing on the proposed General Plan Amendment and notice of said hearing, together with its purpose, was giyen by its publication in a newspaper of general circulation in the city, 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 18, 2006, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed, NOW, THEREFORE, BE IT RESOLVED THAT, ftom the facts presented to the Planning Commission, the Planning Commission has detennined that approval of the proposed General Plan amendment will result in an internally consistent General Plan, and that the public necessity, convenience, general welfare and good planning practice support the approval. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt the attached draft City Council Resolution approving the General Plan amendment in accordance with the findings contained in that draft City Council Resolution, and that a copy of this resolution be transmitted to the City Council. Planning Commission Resolution GP A-07-01 Page 3 of3 PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this ISth day of October, 2006, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: Brian Felber, Chair ATTEST: Diana Vargas, Secretary H:\PLANNfNG\General_Plan\GPU_Implementation\MH GPA Draft PC Reso.doc J:\Attomey\MichaelSh\UCSP\.\1HP Overlay District-PC Reso-DCA Final.doc DRAFT RESOLUTION NO, 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE CITY'S GENERAL PLAN TO ESTABLISH A MOBILEHOME OVERLAY DISTRICT WHEREAS, the City of Chula Vista's current General Plan was last comprehensiyely updated on December 13, 2005; and, WHEREAS, identified among the many goals and objectiyes of the General Plan is the need to maintain an adequate supply of land designated and zoned at appropriate densities to support a variety of residential housing types in order to ensure sufficient diversity and balance to meet the needs of existing and future residents; and, WHEREAS, mobilehome developments have historically been a part of that supply in Chula Vista, and haye effectiyely proyided an affordable housing source; and, WHEREAS, many of the households residing in mobilehome developments are in need of lower-income affordable housing, and housing costs for mobilehome living are often lower than market rates for similar sized rental or other housing units in the local market; and, WHEREAS, these circumstances can present added challenges in finding suitable replacement housing options for mobilehome residents in the eyent of potential closure of one or more ofthese developments; and, WHEREAS, increasing housing demands and rising land costs throughout the region are creating increasing market pressures on the potential closure of some mobilehome developments over time; and, WHEREAS, in order to address the often unique needs of mobile home residents and the challenges and potential hardships in locating suitable replacement housing in the instance of a proposed mobilehome park closure, further analysis and plans regarding relocation are needed prior to the City's consideration of any requested change in use and/or rezoning affecting existing mobilehome park properties; and, WHEREAS, the City is proposing the subject General Plan Amendment to establish a Mobilehome Overlay District to require such further analysis and planning to ensure due evaluation of the affects of closure on existing mobilehome residents, and that the property owner and/or project proponent has prepared and carried out a plan to address those affects; and, Resolution 2005 - Page 2 of3 DRAFT WHEREAS, the areas of land for inclusion in the subject Mobilehome Overlay District contain all land parcels within the boundaries of the existing 32 mobilehome parks citywide as presented on proposed new General Plan Figure 5-18(A) of the Land Use and Transportation Element attached hereto as Exhibit 1; and, WHEREAS, in addition to the aboye noted Figure, the General Plan amendment includes a new Section 7,17 - Evaluation of Mobilehome Deyelopments - Mobilehome Oyerlay District, within the Land Use and Transportation Element to establish the basis and intent for the District along with an Objective and Policies stating the requirements established for properties within the District, as presented in Exhibit 2 attached hereto; and, WHEREAS, pursuant to California Government Code section 65090, the Planning Commission held a duly noticed public hearing on October 18, 2006, and recommended that the City Council adopt the Resolution approving the proposed General Plan amendment; and, WHEREAS, the proceedings and all eyidence introduce before the Planning Commission at the public hearing on this proposal held on October 18, 2006, and the minutes and resolution resulting there trom, are hereby incorporated into the record of these proceedings; and, WHEREAS, the City Clerk set the time and place for the hearing on the General Plan amendment and notice of said hearing, together with its purposes given by its publication in a newspaper of general circulation in the City, at least ten days prior to the hearing pursuant to California Government Code section 65090, and the City Council held a duly noticed public hearing on October 24, 2006, on the subject General Plan Amendment; and, WHEREAS, the City's Environmental Reyiew Coordinator has reyiewed the proposed General Plan amendment for compliance with the California Environmental Quality Act (CEQA), and has detennined that that there is no possibility that the project will have a significant effect on the environment and therefore is not subject to CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines, NOW, THEREFORE BE IT RESOLVED, the City Council hereby finds, detennines and resolves as follows: 1. PLANNING COMMISSION RECORD The proceedings and all eyidence introduced before the Planning Commission at their public hearing held on October 18, 2006, and the minutes and resolution resulting there from are hereby incorporated into the record of this proceeding, DRAFT Page 3 oD Resolution 2005 - II, GENERAL PLAN INTERNAL CONSISTENCY The City Council hereby finds that the General Plan is internally consistent and shall remain internally consistent following the adoption of amendments by this Resolution, III. SEVERABILITY The City Council declares that, should any provision, section, paragraph, sentence or word of this resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect. The City Council further declares that should any proyision, section, paragraph, sentence or word of this resolution be found by a court of competent jurisdiction to conflict with the City's General Plan the City's General Plan as adopted on December 13,2005 shall control and remain in full force and effect. IV , APPROVAL OF GENERAL PLAN AMENDMENT The City Council hereby approves and adopts the subject General Plan amendment which consists of the documents presented in Exhibits 1 and 2 attached hereto, and on file in the City Clerk's Office: Presented by Approved as to form by James D, Sandoval Planning and Building Director Ann Moore City Attorney H:\PLANNING\Gcncm1 Plan\GPU Implcmcntation\MH Draft CC Reso.doc J:\Attorney\MichaeIShIUCSPI}.1HP Overlay Dlstrict-CC Reso-DCA Final.doc PLANNING COMMISSION AGENDA STATEMENT Item: -3 Meeting Date: 10/18/06 ITEM TITLE: Public Hearing: Consideration of a Miscellaneous Application, PCM-06-10, to rename the northern 2,000 feet of Hunte Parkway to Salt Creek Drive, Applicant: Salt Creek Golf, LLC, The applicant, Salt Creek GolfLLC, submitted a miscellaneous application to rename the northern 2,000 feet of Hunte Parkway from the Salt Creek Golf Club entrance to Proctor Valley Road (Locator Map), Pursuant to Chula Vista Municipal Code (CVMC) Section 12.44,010, street name changes are considered by the Planning Commission and approved by the City Council. The Environmental Review Coordinator, in compliance with the California Enyironmental Quality Act (CEQA) has concluded that there is no possibility that the activity may have a significant effect on the environment; therefore, pursuant to Section 15061 (b)(3) of the State CEQA Guidelines, the actiyity is not subject to CEQA. Thus, no enyironmental review is necessary, RECOMMENDATION: Adopt attached Planning Commission Resolution No, PCM-06-10, recommending that the City Council approve attached draft City Council Resolution approying the street name change subject to the conditions contained therein, DISCUSSION: Background: The Auld Golf Course, located directly to the north (Locator Map), has been renamed and re-branded to Salt Creek Golf Club and has also changed its marketing campaign, including publications, advertisements, signage and internet website, The street name change is requested to reflect the renaming of the golf course to create a more significant sense of place and arriyal for business clients, Project Site Characteristics: The segment of Hunte Parkway is a Class III Collector street that is intended to distribute traffic to and from arterials and other collectors to access residential areas, The requested street name change will affect the segment of Hunte Parkway from the Salt Creek Golf Club entrance to Proctor Valley Road, which is approximately 2,000 feet in length, There are three-collector streets within this stretch of Hunte Parkway that include: Montecito Road, Duncan Ranch Road and El Granada Road, The three roads lead to single family dwelling neighborhoods within the Rolling Hills Ranch Master Planned Community, Page 2, Item: Meeting Date: 10-18-2006 Analysis: Although the Fire and Police Departments generally discourage changing street names at intersections, the proposed street name is clearly different from other street names in the vicinity and will not create confusion or uncertainty for emergency vehicles and area residents, Because open space lots run along both sides of this segment of Hunte Parkway, this proposal will only affect the northern stretch of Hunte Parkway and the applicant's business establishment. Additionally, the proposed street name change will not directly affect emergency response times because the only addresses that will be affected are Salt Creek Golf Club and equipment from utility companies, The GIS nayigation systems used by both the Police and Fire Departments to navigate within the City will be updated accordingly to reflect the street name change, The applicant will be responsible for all City costs associated with the street name change, including costs to replace street name signs at all intersections along the street and any and all costs to modify traffic signal equipment at the intersection of Proctor Valley Road and Hunte Parkway, Ifthe street name change is approved, a total of 5 new street signs will be replaced, Three blade signs will be replaced for the following intersections off Salt Creek Drive: (I) Montecito Road; (2) Duncan Ranch Road; and (3) El Granada Road, The two remaining signs are dual signs that will be replaced at the intersection of Proctor Valley Road and Salt Creek Drive, All new signage will be subject to review and approyal by the City's Traffic Engineering Department. DECISION-MAKER CONFLICTS: Staff has reviewed the property holdings ofthe Planning Commissioners and has found no property holdings within 500 feet of the boundaries of the property which is subject to this action, CONCLUSION: For the reasons mentioned above, staff recommends that the Planning Commission adopt the attached Planning Commission Resolution recommending City Council approval of the proposed street name change, Attachments 1, Locator map 2. Draft Planning Commission resolution 3, CVMC Section 12.44,010 4, Disclosure Statement 5, Draft City Council Resolution J:\Planning\Case ~i!es\-06 (FY 05-06)\PCM\PCM-06-1 0\5talr Reports\PC\PCM-06-1 () _Agenda Statement_llI.doc 1..1 { I,,!...J I I "-,/~U -DJi1 )!2ant?Maria Ct /~~ q ....- q'~ ~ h I\J II ~.......'---- - ~ 1- '-- I~ I I~^' '- ~ ATTACHMENT 1 Auld Goff Golf Course '- 'MJ3 / A(( ES!, iJlWt:-w A I ~t >> \1 / I (J)= ~!----- II I ~- ~ - A ~.lli L- .---~ ) I ~ ~ ~ ..- \.------1-- L 7 !=i d c: t:~ CZ: ~ !\ \<.0~\J ) Rd Duncan RanG '&- C\\.o ~ ",\,e :10 "~ (1) o"'<?- ~'~. f--2;1-- ~ ~ ~. ~~ ------'; ~ , f- l-)/ = ~:1: PROJECT ~ - >- % LOCATION 03 B,O -D \ \ I ,3(\'0: ~ ' -( ~C\ '~v of---, V / / \ G '-' -.g f~ > (1) or{:;-N > '& - ~ " -~)- ..... '--"1 , '-- "" Santa Anoela Ct c---- rlf I-- 1--- Ct I _ \ V Barbara r-- ~ (\\J.- \~ - ~.<) o ~ ----.j >-- Proctor Valley Rd ;:\-- ~ ,J/ r::ruc J --- ~~r--r-------- /,arstaICt \ \ \ \y,~ !~ ~ CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C9 APPLICANT: Salt Creek Golf, LLC, MISCELLANEOUS PROJECT Hunte Pkwy (From Auld Golf Request: Proposing a street name change of the segment of ADDRESS: Course to Proctor Valley Rd) Hunte Pkwy from Auld Golf course to Proctor Valley Rd, SCALE: FILE NUMBER: The new road will be called .Salt Creek Dr" NORTH No Scale PCM-06-10 Related cases: j:\planning\carlos\locators\pcm061 Q. cdr 05.16.06 Attachment 2 RESOLUTION NO. PCM-06-10 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL RENAME THE NORTHERN 2,000 FEET OF HUNTE PARKWAY TO SALT CREEK DRIVE. APPLICANT: SALT CREEK GOLF, LLC. WHEREAS, a duly yerified application (PCM-06-l0) was filed with the City of Chula Vista Planning and Building Department on May 3, 2006 by Salt Creek Golf, LLC ("Applicant"); and WHEREAS, the Aplicant requests to rename the northern 2,000 feet of Hunte Parkway to Salt Creek Drive ("Project"); and WHEREAS, the segment of Hunte Parkway which is the subject of this resolution is between the Salt Creek Golf Club and Proctor Valley Road in the Rolling Hill Ranch Planned Community ("Project Site"); and WHEREAS, a street name change may be allowed subject to recommendation of the Planning Commission to the City Council pursuant to Chula Vista Municipal Code Section 12.44; and WHEREAS, the street name change affects only the northern 2,000 feet of Hunte Parkway where the only assigned address is the subject project applicant; and WHEREAS, the street name change has been reyiewed and endorsed by the Police and Fire Departments as a clearly different street name in the general yicinity, The City's GIS and existing street name signs will be updated to reflect the change and ayoid confusion and uncertainty for emergency vehicles; and WHEREAS, the Environmental Reyiew Coordinator, in compliance with the California Environmental Quality Act (CEQA) has concluded that there is no possibility that the activity may have a significant effect on the environment; therefore, pursuant to Section 15061 (b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary; and WHEREAS, the Planning and Building Department Director set the time and place for a hearing on said Project, and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners and residents within 500 feet of the exterior boundaries of the Project Site at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as adyertised on October 18, 2006, at 6:00 p,m, in the City Council Chambers, 276 Fourth Ayenue, before the Planning Commission of the City of Chula Vista to receive the recommendation of city staff and to hear public testimony with regard to the Project, and the hearing was thereafter closed; and 1 Attachment 2 WHEREAS, after considering all reports, eyidence and testimony presented at the public hearing with respect to the Project, the Planning Commission voted (X-X) to recommend approval of the Project as requested by the applicant to the City Council; and NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt the attached draft City Council resolution approYing the street name change therein, 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 J:IPlanninglCase Filesl-06 (FY 05-06)IPCMIPCM,06-1 0IResoiutionsIPCM-06-1 0_ Reso _lIl.doc 2 Chula Vista Municipal Code ATTACHMENT 3 12.44,020 be waived in those cases where said dedicated street or portion thereof has previously been acquired by the city and it has been determined that the street is not needed by virtue of a change in plans by the city, or the property invoived consti- tutes an unnecessary surplus after construction of the public improvement. Fees shall be waived in such cases only if the application for vacation is submitted within three years of the dedication of the public right-of-way, (Ord, 1205 9 2, 1969; prior code 9 27 ,1402(B)), 12.40.040 Permits - Grounds for denial. The director of public works shall not grant the pennits required by this title under any circum- stances or upon any condition when he finds that the granting of such permit will adversely interfere with or affect the necessary visibility from the street, necessary drainage in the immediate vicinity of the encroachment, present or contemplated vehicular and pedestrian traffic upon the street, or the maintenance of streets, (Ord, 1205 92, 1969; prior code 9 27,1501), 12.40,050 Appeal- Procedure generally, Any person who applies for a permit under the provisions of this title may appeal to the city coun- cil from a decision of the director of public works denying such application, The director of public works shall give written notice to such applicant of his failure to grant such application and stating the reason therefor. Such appeal must be in writing and contain a copy ofthe written statement ofthe director of pub- lic works denying the application, and snch appeal shall specity the reasons wherein and whereby it is alleged that the decision of the director of public works is in error and shall be filed with the city clerk within 15 days after receipt of the written denial of the proposed penmit by the director of public works, (Ord, 1205 92, 1969; prior code 9 27,1502), 12.40,060 Appeal - Decision authority. Upon receipt of such appeal by the city clerk, the matter shall be placed upon the agenda of the next meeting of the city council, which shall, by formal resolution, render its decision thereon within 40 days from the date of receipt by the city clerk, The failure of the city council to act upon such appeal within the 40-day period shall be deemed a denial of such appeaL The decision of the city council shall be final and conclusive, (Ord, 120592, 1969; prior code 9 27.1502), Chapter 12.44 STREET NAMES Sections: 12.44,010 Regulations for adoption or change, 12.44,020 Fees for name and regulatory signs, 12.44.010 Regulations for adoption or change. A, Official street names for all streets and high- ways within the city shall be those recommended by the planning commission, and approved and adopted by the city counciL All names presently assigned to streets prior to July 18, 1969 are accepted as the official names of said streets. B, In the event that street names are changed in the future, said name changes shall be undertaken upon the recommendation ofthe planning commis- sion to the city counciL There shall be no require- ment that a public hearing be held by either the planning commission or the city council in consid- ering the proposed name changes; provided, how- ever, that either of said bodies may conduct a public hearing, giving a written notice by mail to all parties to be affected by said name change, i,e" the residents of the subject street, or in the event that a iarge number of residents are affected, by posting of notices along the street and by subject publication of said notice at least 10 days prior to the date of the hearing, C. It shall be the duty of the city council, in des- ignating street names and in accepting recommen- dations for changes of street names, to provide names which do not cause confusion and uncer- tainty to police, fire or other emergency vehicles by virtue of similarity of spelling or sound of said street names, and to act in changing such names so as to eliminate such confusion and uncertainty. (Ord,1205 92, 1969; prior code 927,103), 12.44,020 Fees for name and regulatory signs, Required fee(s) are hereby established for street signs and regulatory signs to be erected in subdivi- sions and certain street openings, (Ord, 2506 9 I, 1992; Ord, 181191,1978; Ord, 173991,1977; Ord, 1205 9 2,1969; prior code 9 27,1101), 12-31 ATTACHMENT 4 P I ann ng & Building Planning Division Department Development Processing cnv Of CHUlA VISTA APPLICATION APPENDIX B Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters 'that will require dlscretionqry 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 Vlst;1 election must be flied. The following information must be disclosed: 1, List the names of all persons having a financial Interest in the property that is the subject of the application or the contract, e,9.. oWner, applicant, contractor, subcontractor, material supplier. Lu{\\\:l.\"""" C:.ut.~u(r.CI.... To-....r. ~.-'ros+ (3y1'O~ ,So bl"".oY"3'oU 2. If any person' identified pursuant to (1) above is a cOfTJoration or partnership, list the names of all I ndividuals with a $2DDO Investment In the business (cofTJoratlon/partnership) entity, W \\\;'c..."" 6u':'\-".(;6o~ 3, If any person' Identified pUffiuant 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 beneficiarytJr trustor of the trust. 4, Please identity every perscm, Including any agents, employees, consultants, or Independent contractors you have assigned to represent you before the City in this metter. 5, Has any perSon' associated with this contr;.ct 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 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 X Yes _'ryes, which Council member? 276 Fourth Avenue Chula Vls!o Colifoml. 91910 (619) 69t-5101 ,OCT-2.2006 14:28 FROM: TO: 916194095B61 P.3 ~I~ -1d- ~~~~ 01Y OF CHUIA VISTA P I ann n, g & Building Planning Division I Department Development Processing 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, ete,) Yes_ ND-X- If Yes, which official.' and what was the nature of item provided? ~ffit' Signature of Contract pilcant TJ/lJrn~s h01J- type name of Contractor/Applicant Print or Date: I()~:.J-Ok . Person is defined as: any Individusl, firm, c:o.partnershlp, joint venture, association, social club, fraternal organizatlDn, corpDratlon, estate, trust, receiver, syndicate, any other cDunty, city, municipality, disttict, or other political subdivisiDn, -or any other group Dr combination acting as a unit. Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member Df a board, commission, Dr committee Dfthe City, employee, or staff members, .. 276 Fourth Avenue Chula Vista California 91910 (619) 691-5101 ATTACHMENT 5 DRAFT RESOLUTION NO, 2006- RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL APPROVING THE STREET NAME CHANGE FOR THE NORTHERN 2,000 FEET OF HUNTE PARKWAY TO SALT CREEK DRIVE, I. RECITALS Project Site WHEREAS, the subject site, which is the subject of this Resolution is represented in Exhibit A and for the purpose of general description, herein consists of the northern 2,000 feet of Hunte Parkway between Salt Creek Golf Club main entrance and Proctor Valley Road in the Rolling Hills Ranch Planned Community ("Project Site"); and Project, Application for Discretionary Approyals WHEREAS, on May 3, 2006, a duly verified application was filed with the City of Chula Vista Planning and Building Department, by Salt Creek Golf, LLC ("Applicant"), requesting to rename the northern 2000 feet of Hunte Parkway Salt Creek Driye ("Project"); and WHEREAS, a street name change may be allowed subject to recommendation of the Planning Commission to the City Council pursuant to Chula Vista Municipal Code Section 12.44; and WHEREAS, the street name change affects only the northern 2,000 feet of Hunte Parkway where the only assigned address is the subject Project Site; and WHEREAS, the street name change has been reyiewed and endorsed by the Police and Fire Departments and they have deteffi1ined that the proposed street name is clearly different in the general vicinity, The City's GIS and existing street name signs will be updated to reflect the change and ayoid confusion and uncertainty for emergency vehicles; and Prior Discretionary Approyals, WHEREAS, the Project Site has been the subject matter of a Tentatiye Subdiyision Map commonly known as Rolling Hills Ranch, Chula Vista Tract PCS-92-02 preyiously adopted by City Council Resolution No, 16834 on October 6, 1992; and amended by City Council Resolution No, 2000-190 on June 13,2000 and Resolution 2003-199 on May 13, 2003; and Planning Commission Record on Applications Resolution No, 2006- WHEREAS, the Planning Commission held a noticed public hearing on the Project on October 18, 2006, and after hearing staffs presentation and public testimony voted (X-X) to recommend that the City Council approve the Project; and City Council Record on Applications WHEREAS, the City Clerk set the time and place for the public hearing on the Project, and notice of the hearing, together with its purpose, was giyen by its publication in a newspaper of general circulation in the City, its mailing to property owners within 500 feet ofthe exterior boundary of the Project, at least 10 days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council of the City ofChula Vista on November 14 2006, in the Council Chambers, 276 Fourth Ayenue, at 6:00 p,m, to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same; and WHEREAS, after considering all reports, evidence and testimony presented at the public hearing with respect to the Project, the City Council yoted (X-X) approving the Project as requested by the Applicant to the City Council. 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 eyidence introduced before the Planning Commission at its public hearing on the Project held on October 18, 2006 and the minutes and Resolution resulting therefrom, are hereby incorporated into the record of this proceeding, III, CERTIFICATION OF COMPLIANCE WITH CEQA AND INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council has exercised their independent review and judgment and concurs with the Planning Commission and the Enyironmental Reyiew Coordinator's determination that there is no possibility that the actiyity may have a significant effect on the enyironment; therefore, pursuant to Section 15061 (b)(3) of the State CEQA Guidelines the activity is not subject to CEQA, Thus, no environmental review is necessary, IV. INDEPENDENT JUDGEMENT OF CITY COUNCIL The City Council finds that the proposed Project has been reyiewed in accordance with the California Environmental Quality Act, and Environmental Reyiew Procedures of the City of Chula Vista, and has determined that there is no possibility that the actiyity may haye significant effect on the enyironment; therefore, pursuant to Section 15061 (b) (3) of the State CEQA Guidelines the actiyity is not subject to CEQA, V, NOW BE IT RESOLVED THAT THE CITY COUNCIL hereby grants approval of the Project subject to the following conditions: 2 Resolution No, 2006- I, Applicant shall pay all cost associated with the fabrication and installation of all street signs, including, but not limited to the following Hunte Parkway intersections: I) Duncan Ranch Road; 2) EI Granada Road; 3) Proctor Valley Road, 2, Ten days after the adoption of this Resolution approying the street name change, the Applicant shall request a cost estimate to the City for the fabrication and installation of the aboye-mentioned street name signs, 3, Thirty days after the adoption of this Resolution approying the street name change, the Applicant shall pay in full to the City the cost of fabricating and installing the signs at the above mentioned intersections and any other location deemed necessary by the City Traffic Engineer. 4, This approyal shall be subject to any and all new, modified or deleted conditions imposed after approyal of this permit to advance a legitimate goyernmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Applicant and after the City has giyen to the Applicant the right to be heard with regard thereto, Howeyer, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive the Applicant of a substantial revenue source which the Applicant cannot, in the normal operation of the use permitted, be expected to economically recover. 5, The Applicant shall defend, indemnify and hold hannless the City and its agents, officers and employees, from any claim, action or proceedings against the City or its agents, officers or employees, to attack, set aside, void or annul any approyal by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers or employees with regard to this street name change, provided the City promptly notifies the Applicant of any claim, action or proceeding and on the further conditions that the city fully cooperates in the defense, 6, 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 Applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, the true copy with original signatures shall be returned to the Planning and Building Department. Failure to return the signed true copy of this document within 30 days from the adoption of this Resolution shall indicate the Applicant's desire that the Project be held in abeyance without approval. Signature of property owner Date 3 Resolution No, 2006- Signature of Applicant or Authorized Representatiye Date VI. CONSEQUENSE OF FAILURE OF CONDITIONS If any of the forgoing conditions fail to occur, or if they are, by their tenns, to be implemented and maintained oyer time, if any of such conditions fail to be so implemented and maintained according to their tenns, the City shall have the right to revoke or modify all approyals herein granted, deny, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with the conditions or seek damages for their violation, No yested right are gained by Applicant or successor in interest by the City approval of this Resolution, VII, 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 tenn, provision and condition herein stated; and that in the event that anyone or more tenns, proyision, or conditions are detennined 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 fonn by: Jim Sandoyal Director of Planning & Building Ann Moore City Attorney J:\Planning\Case Fiiesl-06 (FY OS-06)\PCMIPCM-06,1 O\ResoiutionslReso _ CC _I lI,doc 4 PLANNING COMMISSION AGENDA STATEMENT /.1 Item: I Meeting Date: 10/18/2006 ITEM TITLE: Public Hearing: PCC-06-070 consideration of a Conditional Use Pennit to construct and operate an unmanned wireless telecommunications facility at 4340 Main Street. The applicant is T-Mobile, The applicant, T-mobile, submitted a Conditional Use Pennit (CUP) application to construct and operate an unmanned wireless telecommunications facility (WTF) at 4340 Main Street (see Locator Map, Attachment I), The project includes a 65-foot-high monopine supporting 12 panel antennas, and a 336-square-foot CMU enclosure behind an existing building for four equipment cabinets, The City ofChula Yista Municipal Code (CYMC) requires a CUP for WTFs that exceed the maximum allowable height in a particular zone, The proposed 65-foot-high monopine is in the Neighborhood Commercial (CNP) Zone, where the maximum allowable height is 35 height; therefore, a CUP is required, The Enyironmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has detennined that the proposed project qualifies for a Class 3 (new construction or conversion of minor structures) categorical exemption pursuant to Section 15303 ofthe State CEQA Guidelines, Thus, no further enyironmental review is necessary, RECOMMENDATION: That the Planning Commission adopt Resolution PCC-06-070 approving the proposed wireless telecommunications facility, subject to conditions contained therein, DISCUSSION: Project Background T-Mobile is expanding its existing wireless network throughout San Diego County, The network consists of transmission and receiving stations, also known as wireless telecommunications facilities (WTFs) or cell sites, to provide wireless telecommunication services for residences and businesses, as well as to provide wireless connections for emergency services, In an effort to provide adequate wireless services to its customers in the vicinity of Interstate 805 and Main Street, T-Mobile is proposing a WTF at 4340 Main Street. Project Setting The 2,5l-acre project site is called Fiesta Plaza, located south of Main Ayenue, east of Melrose Avenue, It is a strip mall with a variety of small businesses, from a dry cleaner to a barber shop to a 99 Cents store, There is an Italian restaurant in a separate building, West ofthe site is a 7-11 store; east of the site is a gas station, Multi-family residential is located to the south and to the north, Page 2, Item: Meeting Date: 10/18/2006 across Main Street. The WTF is proposed at the west end of the Fiesta Plaza parking lot where there are several mature trees in the vicinity (see Attachment 5, Sheet T-I), General Plan, Zoning and Land Use The project site is zoned Neighborhood Commercial, Precise Plan (a Precise Plan was approyed for the project site in 1978 -- see Attachment 8, City Council Resolution No, 9354 and Planning Commission Resolution No, PCM-79-12) and has a General Plan Land Use Designation ofCR (Commercial/Retail), The following table specifies the existing land uses surrounding the parcel: General Plan Zoning Current Land Use Site: CR Commercial Retail CNP Neighborhood Commercial Precise Plan Modifier Fiesta Plaza Neighborhood Shopping Center North: RMH Residential Medium-High R3Pl2 Apartment ResidentiaVPrecise Plan 12 units/acre Melrose Villas Condos South: RMH Residential Medium-High R3G Apartment Residential Low Rise Woodside Village Condos East: CV Visitor Commercial CVP Visitor Commercial Precise Plan Gas Station West: CR Commercial Retail CNP Neighborhood Commercial Precise Plan Modifier 7-11 RMH Residential Medium-High R3G Apartment Residential Low Rise Vista de Otay Apartments Project Description T -Mobile proposes to construct a WTF consisting of a 65-foot-high artificial tree, commonly known as a monopine, designed to resemble a pine tree, The monopine would support 12 panel antennas, and would be located at the west end of the parcel. The facility also includes a 6-foot-high, 336- square-foot equipment enclosure, to be located behind an existing building, The CMU enclosure is designed to emulate the architectural features ofthe existing building including color, material and design (see Attachment 5), On January 12, 2005, the Planning Commission approved a nearly identical proposal for Cingular Wireless on this site (see Attachment 7, Planning Commission Resolution No, PCC-04-072), Howeyer, Cingular chose not to construct the WTF, and their vested rights expired one year after the Page 3, Item: Meeting Date: 10/18/2006 project was approyed because it was not commenced during that time, Public Input Staff also receiyed a letter of opposition from the president of the Melrose Homeowners' Association (see Attachment 6) "on behalf of 92 families liying in the Melrose Villas Condominiums," north of Main Street. The concerns she cited were noise, congestion, fwnes ("There are too many issues on our corner now") and health ("the verdict is still out on the physical effects of having electrical wires overhead for hwnan beings"), Staff also receiyed a phone call from a person who resides south of the project site, He said he is opposed to the project because he belieyes the project would present health risks and reduce property values in the area, Staff Analysis In accordance with CVMC 19,89, Wireless Telecommunications Facilities, wireless telecommunications facilities are allowed in any zone; however, proposed WTF structures exceeding the height limit within the particular zone require approyal of a Conditional Use Pennit by the Planning Commission, The project site is zoned CNP, which has a maximum height limit of 35 feet. The 65-foot tall monopine exceeds the maximum height limit by 30 feet. The monopine will be designed with a dense branch count with the branches extending a minimum of24 feet from the face ofthe antennas, The antennas will be arranged at 60 feet and approximately 47 feet. (See photo simulations, Attachment 3,) The proposed monopine and associated equipment will be built to comply with Section 19,89 ofthe Chula Vista Municipal Code and all other City zoning and building regulations, The equipment enclosure will match the colors and material of the existing building, and will be placed behind an existing building, Access to the site shall be kept at a minimum and conducted in a manner that does not negatively impact nonnal business operations, Pursuant to the Telecommunications Act of 1996, local government does not have the authority to regulate the placement, construction and modification of wire less services facilities on the basis of environmental effects or radio frequency emissions, provided such facilities comply with the state's regulations concerning such emissions, The proposed WTC was reyiewed by Jerrold T, Bushberg, Ph,D" DABMP, DABSNM of Health and Medical Physics Consulting, who found it to be in full compliance with FCC RF public safety standards, In addition, the FCC Wireless Telecommunications Bureau has issued Radio Station Authorization, Page 4, Item: Meeting Date: 10/18/2006 Issues Why is the proposed height the only technologically feasible option for providing service to the area? The proposed WTF is designed to provide wireless telephone coverage for customers in the vicinity ofInterstate 805, Main Street and the surrounding neighborhood, The goal of it is to provide a signal that would reach signals generated by other existing T-Mobile wireless facilities in the area (see Radio Signal Coyerage Maps, Attachment 4), T-Mobile radio engineers have detennined that in order to meet the goal, the proposed 65- foot tall monopine with 12 antennas are necessary to ensure that the radio signals reach the other signals in the area to provide uninterrupted coverage, Also, this taller facility with multiple antennas means fewer cellular facilities in the area, Does the facility use the smallest practical devices and most efficient technology needed to achieve the needs of the network? The WTF will use a total of 12 panel antennas mounted on a 65- foot high monopine that will proyide the necessary connections to operate the facility, This facility has been designed and located to meet the current and anticipated needs of the T-Mobile network in the area, According to T-Mobile engineers, this facility uses the smallest practical devices, and the most efficient technology available, Additionally, a 336-square-foot equipment cabinet enclosure is proposed that will house radio cabinets, electrical connections, telephone connections and battery back-up, The size is typical and is average for projects of this magnitude, Has the facility been designed utilizing stealth technology to be visually unobtrusive and to blend with the surrounding environment? The WTF includes an artificial pine tree, or monopine, to partially conceal the antennas, This stealth design will be located near existing trees of similar height. The equipment enclosure is designed to match the existing building and will be painted in a gold tone color to match the existing building, This stealth design facility provides visual compatibility within the context ofthe existing buildings; therefore, the project design complies with the City's design standards for facility stealthing, Was there a good faith effort to co-locate the T-Mobile facility? Why not to co-locate? Were additional co-location sites considered? There is not an existing WTF co-location site in the vicinity that meets the applicant's coyerage criteria, Therefore, the applicant inyestigated the possibility of locating the WTF in a residential back yard on Orange Avenue, However, since the City's WTF ordinance discourages WTFs in residential areas and the site did not meet T -Mobile's coverage criteria, the site was not pursued, The proposed site meets the necessary criteria and will be built so that another carrier could co-locate there in the future, Page 5, Item: Meeting Date: 10/18/2006 Is there an opportunity for co-location at the proposed facility? T-Mobile has designed the monopine to accommodate co-location in the event that another carrier needs to establish a WTF in the vicinity and at the height proyided by the structure, Decision Maker Conflicts Staff has reviewed the property holdings of the Planning Commissioners and has found no such holdings within 500 feet of the property that is the subject of this action, Conclusion The T -Mobile WTF at the proposed location will provide a necessary service by improving wireless telecommunication service to customers, including residents, businesses and emergency service proyiders, It is a passive use and, therefore, will not adversely affect the policy and goals of the General Plan, Staff recommends that the Planning Commission approye the project subject to the conditions in the attached Planning Commission Resolution No, PCC-06-070 (Attachment 7), Attachments I, Locator Map 2, Planning Commission Resolution No, PCC-06-070 3, Photo Simulations 4, Radio Signal Coverage 5, Site Plan 6, Letter rrom Cheryl Witt, President of Melrose Viilas Homeowners' Association 7, Planning Commission Resolution No, PCC-04-0n 8, City Council Resolution No, 9354 and Planning Commission Resolution No, PCM-79-12 9. Disclosure Statement J:IPianning\KIM\StafTReports\Planning CommissionIPCC-06,070, T-Mobiie WTF, 4340 Main SLdoc c::5 [] ~ cJID 'b~ CJ:r1) GID 0 CITD 0 R3PI2 San Diego County Public RIP7 Housing Melrose Villas Condominums Main St Fiesta Plaza Shopping Center CNP Gas Station Holiday Inn R3G ~ IIIIUl1*11*1 rn~ ~ II rlllllUJ1D1lrn~ Woodside Villa e Condomlnums PROJECT lOCATION :3 ) j . . . . . . . . . . . . . . . . . . . . . . . . . . " . . . . . . . . . . . . . . . . . . C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT ' PROJECT DESCRIPTION: C9 APPLlCAN'P. T-Mobrle CONDITIONAL USE PERMIT PROJECT 4340 M ' St Proposing: Wireless facility consisting of a 65 foot monopine ADDRESS: aln, and 336 Sq, Ft. equipment shelter, SCALE: FILE NUMBER: NORTH No Scale PCC-06-070 Related cases: None J:\planning\carlos\rocators\pcc06070.cdr 09.27.06 ATTACHMENT 1 47f4CH/!.1t=4-IT L RESOLUTION PCC-06-070 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT PCC-06-070, A REQUEST TO CONSTRUCT AND OPERATE AN UNMANNED WIRELESS TELECOMMUNICATIONS FACILITY AT 4340 MAIN STREET. - T -MOBILE WHEREAS, a duly yerified application for a Conditional Use Pennit (PCC-06-070) was filed with the City of Chula Vista Planning and Building Department on March 17, 2006 by PlanCom for T-Mobile Wireless ("Applicant/Permittee"); and WHEREAS, Applicant/Pennittee requests permission to construct and operate an unmanned wireless telecommunications facility (WTF) at 4340 Main Street in the Neighborhood Commercial, Precise Plan (CNP) Zone ("Project Site"), The facility consists of one 65-foot-tall monopine supporting a total of 12 panel antennas attached to three 9-foot-wide sectors, and four equipment cabinets enclosed within a 336-square-foot CMU wall. WHEREAS, the Environmental Reyiew Coordinator, in compliance with the California Enyironmental Quality Act (CEQA) has concluded that this project is a Class 3 categorical exemption from environmental review (CEQA Section 15303, new construction or conversion of minor structures); and WHEREAS, the Planning and Building Department Director set the time and place for a hearing on the Conditional Use Permit and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners and residents within 500 feet of the exterior boundaries of the project site at least 10 days prior to the hearing; and WHEREAS, a duly called and noticed public hearing was held at the time and place as advertised on October 18,2006, at 6:00 p,m, in the City Council Chambers, 276 Fourth Avenue, before the Planning Commission of the City of Chula Vista to receive the recommendation of city staff and to hear public testimony with regard to the Project, and the hearing was thereafter closed, NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves Conditional Use Pennit PCC-06-070 in accordance with the findings and subject to the conditions contained in this Resolution, FINDINGS: 1. That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The WTF will proyide and improve wireless telecommunication services for customers in the yicinity of Main Ayenue and Interstate 805, It will also improve coverage and I capacity for the residences, businesses and emergency service providers including sheriff, police, fire and paramedics in this area of the city, 2. That such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity, The WTF is required to comply with ANSI standards for EMF emissions, If maintained properly, it will comply with all FCC standards for radio frequency emissions and operate quietly, emitting no fumes, smoke, dust, or objectionable odors, It has been designed and located to minimize impacts to surrounding uses, The antennas will be mounted and concealed within a 65-foot high artificial pine tree (monopine) and yisually screened from view, The height of the antennas are justified at 60 feet because the monopine is proposed on a depressed area on the site and must meet coyerage objectives, 3, That the proposed use will comply with the regulations and conditions specified in the Chula Vista Municipal Code for such use. Granting of this Conditional Use Permit is conditioned to require the Applicant/Permittee and Property Owner to fulfill conditions and to comply with all applicable regulations and standards specified in the Chula Vista Municipal Code for such use, It generally allows WTFs in all zoning districts with a Conditional Use Permit. The proposed use will be built in such a way that complies with the Municipal Code's development criteria and all other City zoning and building regulations, 4. That the granting of this Conditional Use Permit will not adversely affect the General Plan of the City or the adopted plan of any governmental agency. The granting of this Conditional Use Permit will not adversely affect the Chula Vista General Plan in that the project is a passiye use and, therefore, will not adyersely affect the policy and goals of the General Plan, The project will be built in a location with minimal impact on the existing land use, and relatiyely minimal yisual impact to the area because the antennas are largely concealed within a monopine, Monthly maintenance yisits that the project may generate will not result in the intensification of the use of the site and is an insignificant increase in the traffic for the neighborhood, 5, That T -Mobile has been legally approved by all applicable state and federal authorities to provide wireless telecommunications in the City. The proposed WTC will be in full compliance with FCC RF public safety standards, according to Jerrold T, Bushberg, Ph,D" DABMP, DABSNM of Health and Medical Physics Consulting, In addition, the FCC Wireless Telecommunications Bureau has issued Radio Station Authorization, 6, That the proposed height of 65 feet is the only technologically feasible option for providing service to this area. 2 T Mobile engineers have determined that in order to meet the goals of proyiding a signal that would reach signals generated by other existing T-Mobile WTF's in the area, the proposed 65-foot tall monopine with 12 antennas is necessary to ensure that the radio signals reach the other signals in the area to proyide uninterrupted coverage, Additionally, according to T-Mobile engineers, this facility uses the smallest practical deyices, and the most efficient technology available, BE IT FURTHER RESOLVED THAT the Planning Commission of the City of Chula Vista grants the Conditional Use Permit PCC-06-070 subject to the following conditions that shall be satisfied by the ApplicantlPermittee and Property Owner. CONDITIONS OF APPROVAL I, Prior to the issuance of any permits required by the City of Chula Vista for the use of the Project Site in reliance upon this approval, the Applicant/Permittee shall satisfy the following requirements: A. Any disruption to existing irrigation and planting program shall be repaired and replaced equally or better, B. Prior to, or in conjunction with the issuance of each building permit, the Applicant/Permittee shall pay all applicable fees, including permit processing, deyelopment impact fees and any and all outstanding fees due to the City Of Chula Vista, C, The T-Mobile pedestal shall not be placed within the City's right-of-way, which extends 2,5 feet from the back of sidewalk or 27,5 feet from the street centerline on Melrose A venue, D, Repair or replace two driyeway aprons on Main Street, and a section of driveway apron on Melrose Avenue, to the satisfaction of the City Engineer. E, Repair or replace sidewalk sections on Main Street and on Melrose Avenue that are cracked, lifted or may cause a trip hazard, to the satisfaction of the City Engineer. F, Repair or replace two sections of curb and gutter on Melrose Avenue, to the satisfaction of the City Engineer. G, Call Dig Alert (800-277-2600) 48 hours prior to any construction to locate and mark out all water lines, II. Prior to Final Inspections: A, A final inspection of the Project Site shall be conducted by the Department of Planning and Building to ensure that all conditions of approval haye been met and all necessary permits have been obtained, Electrical power to the facility shall not be 3 enabled prior to the issuance of final, unless such power is needed to test the facility's operation during construction and installation, If enabled for testing purposes, electrical power shall be disabled once testing is complete, III, The following on-going conditions shall apply to the Project Site as long as it relies upon this approval: A, Applicant/Permittee shall maintain the Project Site in accordance with the approved plans dated July 26, 2006, which includes site plans, architectural elevations, and photo simulations on file in the Planning Diyision, and the conditions contained in this PCC-06-070, B. Applicant/Pennittee shall comply with all sections of Title 19 (Zoning) of the Chula Vista Municipal Code, and all other applicable City ordinances in effect at the time of building permit issuance, C. This Conditional Use Pennit is for an unmanned telecommunications facility, Access to the Project Site shall be kept at a minimum and conducted in a manner that does not negatiyely impact nonnal business operations, D, This Conditional Use Permit authorizes only the use specified, Any new use or modification/expansion of uses shall be subject to the reyiew and approyal of the Zoning Administrator. E, Applicant/Pennittee shall cooperate with telecommunications companies in co- locating additional antennas on Project Site proyided any co-locators haye been granted a Conditional Use Permit by the City for such use at the Project Site, Pennittee shall exercise good faith in co-locating with other communications companies and sharing the Project Site, provided such shared use does not give rise to a substantial technicalleyel-or quality-of-service impairment of the permitted use (as opposed to a competitiye conflict or financial burden), In the eyent a dispute arises as to whether Permittee has exercised good faith in accommodating other users, the City may require a third party technical study at the expense of either or both the Pennittee and Applicant/Permittee for co-location, F, Applicant/Permittee shall comply with ANSI standards for EMF emissions, Within six (6) months of the Building Division final inspection of the project, the Applicant/Permittee shall submit a project implementation report to the Director of Planning and Building, which proYides cumulatiye field measurements of radio frequency (EMF) power densities of all antennas installed at Project Site, The report shall quantify the EMF emissions and compare the results with currently accepted ANSI standards, The report shall be subject to review and approval by the Director of Planning and Building for consistency with the project proposal report and the accepted ANSI standards, If on reyiew the City in its discretion finds that the Project does not meet ANSI standards, the City may revoke or modify this Conditional Use Permit. 4 G, Applicant/Permittee shall ensure that the project does not cause localized interference with reception of area teleyision or radio broadcasts, If on reyiew the City, in its discretion, finds that the project interferes with such reception, the City may reyoke or modify the Conditional Use Permit. H. Applicant/Permittee shall comply with the Chula Vista Municipal Code (CVMC) noise standards, Within three (3) months of the Building Diyision's final inspection, the Permittee shall submit a report to the Director of Planning and Building that proyides cumulative field measurements of facility noises, The report shall quantify the levels and compare the results with current standards specified in the CVMC for industrial uses, The report shall be subject to reyiew and approyal by the Director of Planning and Building for consistency with the project proposal approved on October 18, 2006 and CVMC noise standards, If, on reyiew, the City finds that the project does not meet the CVMC noise standards, the City may revoke or modifY the Conditional Use Permit. I. Applicant/Permittee shall regularly maintain the antenna site and associated equipment and remove all graffiti within 48 hours of being notified by the City or others of its existence, 1. Applicant/Permittee shall allow the City to inspect the Project Site six months after the issuance of building permits to check conformance with project plans and conditions of approyal. K, This Permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this Permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Applicant/Permittee and after the City has giyen to the Applicant/Permittee the right to be heard with regard thereto, Howeyer, the City, in exercising this reserved right/condition, may not impose a substantial expense or depriye Applicant/Permittee of a substantial revenue source, which the Applicant/Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. L. Applicant/Permittee shall indemnify, protect, defend and hold hannless City, its Council members, officers, employees, agents and representatiyes, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectiyely, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, Applicant/Permittee shall acknowledge their agreement to this provision by executing a copy of this Conditional Use Permit where indicated, below, Applicant's/Permittee's compliance with this proyision is an express condition of 5 this Conditional Use Permit and this proyision shall be binding on any and all of Applicant's/Permittee's successors and assigns, M, This Permit shall expire fiye (5) years after the date of its approval. After five (5) years, the Applicant/Permittee may request an extension of this Conditional Use Permit by the Zoning Administrator. The Zoning Administrator shall review this Conditional Use Permit for compliance with the conditions of approyal and shall determine, in consultation with the Applicant/Permittee, whether the project needs to be modified from its original approval as part of the extension approyal. N, This Conditional Use Permit shall become void and ineffective if not utilized or extended within one year from the date of its approval in accordance with Section 19,14,260 of the Municipal Code, Failure to comply with any conditions of approval shall cause this Permit to be reviewed by the City for additional conditions or revocation, 0, Any yiolations of the terms and conditions of this Permit may result in the imposition of ciyil or criminal penalties and/or the reyocation or modification of this Permit, p, If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained oyer 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 granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all finals issued under the authority of approvals granted in the resolution, institute and prosecute litigation to compel their compliance with the conditions or seek damages for their yiolation, Applicant/Permittee or a successor in interest gains no vested rights by the City's approyal of this Conditional Use Permit. Q, Upon cessation of the business operations and use of the antennas by the Applicant/Permittee, the Applicant/Permittee has 90 days to submit a substitute user to the satisfaction of the Director of Planning and Building Department and/or remoye the antermas and accessory structure/equipment and return the project site back to its original condition, IV, EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL A, Prior to the issuance of any permits required by the City of Chula Vista for the use of the project site in reliance on this approval, the Applicant/Permittee and Property Owner shall execute this document in duplicate by signing this original and all duplicate originals on the lines proyided below, said execution indicating that the Applicant/Permittee and Property Owner have each read, understand and agree to the conditions contained herein, and will implement the same, Upon execution, one original document shall be recorded with the County Recorder's Office of the County of San Diego, at the sole expense of the Applicant/Permittee, and an 6 original duplicate, signed by the Applicant/Permittee and Property Owner and stamped by County Recorder's Office, shall be returned to the Project Planner in the Planning and Building Department. Failure to return the signed and stamped duplicate original of this document within thirty days of the date of its approval shall indicate the Applicant's/Permittee's or Property Owner's desire that the project be held in abeyance without approval. Signature of Property Owner Date Signature of Applicant/Permittee Date V. CONSEQUENCE OF FAILURE OF CONDITIONS A. 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 reyoke or modify all approyals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all finals issued under the authority of approyals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation, Failure to satisfy the conditions of this permit may also result in the imposition of ciyil or criminal penalties, VI. INVALIDITY; AUTOMATIC REVOCATION A. It is the intention of the Planning Commission that its adoption of this Resolution is dependent upon the enforceability of each and every term, proyision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be inyalid, illegal or unenforceable, this Resolution and the Permit shall be deemed to be automatically revoked and of no further force and effect. 7 PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 18th day of October, 2006 by the following Yote, to-wit: AYES: NOES: ABSENT: ABSTAIN: Bryan Felber, Chair ATTEST: Diana Vargas, Secretary J:\Planning\KIM\Resolutions\Planning Commission\PCC-06-070, T-Mobile, 4340 Main St..doc 8 . . RESOLUTION NO. PCC-04-072 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA APPROVING CONDITIONAL USE PERMIT, PCC-04-0n, TO CONSTRUCT AN UNMANNED WIRELESS TELECOMMUNICATIONS FACILITY FOR CINGULAR WIRELESS AT 4340 MAIN STREET, WHEREAS, the area of land owned by the Gueyal Investments, L.P" more commonly known as Fiesta Plaza, is the subject matter of this resolution, and is represented in Exhibit "A" attached hereto and incorporated herein by this reference; and for the purpose of general description is 2,51 acres of property located at 4340 Main Street ("Project Site"); and, WHEREAS, on June 14,2004, a duly verified application for a Conditional Use Pennit (PCC-04-072) was filed with the City of Chula Vista Planning Division by Cingular Wireless ("Applicant"); and, WHEREAS, Applicant requests penmSSlOn to construct an unmanned wireless telecommunications facility consisting of one 60-foot-high monopine to support 12 antenna arrays and place a 336 square foot equipment shelter behind an existing building on-site ("Project"); and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has detern1ined that the project qualifies for a Class 3 categorical exemption pursuant to Section 15303 of the State CEQA Guidelines and, thus, no further environmental reyiew is necessary; and, WHEREAS, a duly called and noticed public hearing was held at the time and place as advertised on January 12, 2005, at 6:00 pm in the City Council Chambers, 276 Fourth Avenue, before the Plalming Commission of the City ofChula Vista to receive the recommendation of City staff and to hear public testimony with regard to the Project, and said hearing was thereafter closed, NOW, THEREFORE BE IT RESOLVED that the Planning Commission does hereby find, detem1ine and resolve as follows: 1, That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The proposed use wi]] proyide and improve wireless telecommunication services in the yicinity of Main Street and the 805 Freeway, The project wi]] also improve coyerage and capacity for business users and personal use, and emergency service providers including sheriff, police, fire, and paramedics, 2-8 ATTACHMENT 7 . . 2, That such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The proposed telecommunications facility has been designed and located to minimize impacts to surrounding uses, The proposed 60-foot high monopine will be situated at the west end of the property near Melrose A yenue, The equipment shelter will be located behind the existing building near the south property line, The Project, if maintaincd properly, will comply with all FCC standards for radio rrequency emissions and operate quietly, emitting no fumes, smoke, dust, or objectionab1e odors, 3, That the proposed use will comply with the regulations and conditions specified in the code for such use. Granting of this conditional use pennit is conditioned to require the pennittee and property owner to fulfill conditions and to comply with all applicable regulations and standards specified in the Municipal Code for such use, including the City's Wireless Ordinance, That the Ordinance generally allows wireless facilities in all zoning districts with a conditional use pern1it. The proposed use will be built in such a way that complies with the Wireless Ordinance's deyelopment criteria and all other City zoning and building regulations, Furthennore, the conditions of this pern1it are approximately in proportion to the nature and extent of the impact created by the project in that the conditions imposed are directly related to, and of a nature and scope related to the size and impact of the project. 4, That the granting of this Conditional Use Permit will not adversely affect the General Plan of the City or the adopted plan of any government agency, The granting of this conditional use pennit will not adversely affect the Chula Vista General Plan in that said Project is a passive usc and, therefore will not adversely affect the policy and goals of the General Plan, The proposed use will be built in a location with minimal impact on the existing land use, and relatiyely no visual impact to the area due to the stealth design of the monopine and its inclusion among the existing yegetation, Monthly maintenance visits that the project may generate will not result in the intensification of the use of the site and is an insignificant increase in the traffic for the neighborhood, BE IT FUTHER RESOLVED THAT the Planning Commission oCthe City ofChu1a Vista hereby grants Conditional Use Pennit PCC-04-072 subject to the following conditions, whereby the applicant and/property owner, prior to issuance of building pennits shall: A, Obtain a pern1it to install a back-up generator for emergency power. The generator specifications and location shall be reviewed and approved by the Fire Marshall. B, Limits of trenching shall stay outside of existing planter area as shown along the narrow most- southern planter area of the site plan, Provide a separate landscape plan that shows existing landscaping and proposed restoration of planter areas, A note shall be placed on the landscape plan 2-9 Page 2 stating that any landscape planter area being displaced by this work shall be restored in equal or better manner. All landscape plan submittals shall satisfy the requirements ofthe City Landscape Manual. C, The project shall comply with the following codes: 2001 CalifomiaBuilding Code; 2001 California Electrical Code; and provide a one-hour rated wall for the equipment shelter. The project shall meet Seismic zone 4; wind speed 70 mph exposure C requirements, Also submit a soils report and structural calculations. D, A graffiti resistant treatment shall be specified for the monopine trunk and equipment shelter surfaces, This shall be noted on any building and wall plans and shall be reviewed and approved by the Director of Planning and Building prior to issuance of building permits, Additionally, the project shall conform to Sections 9,20,055 and 9,20,035 of the CVMC regarding graffiti control. II. Prior to Final Inspections: A, A final inspection of the facility shall be conducted by the Department of Planning and Building to ensure that all conditions of approval have been met and all necessary permits haye been obtained, Electrical power to the facility shall not be enabled prior to issuance of a final occupancy permit, unless such power is needed to test the facility's operation during construction and installation, If enabled for testing purposes, electrical power shall be disabled once testing is complete, B, Construct and maintain the project as shown on the plans dated December 23, 2004, C. Provide a minimum of one 2A I OBC fire extinguisher on the equipment shelter. D, Electrical service connections and the locations of related components such as meters and transformers shall be coordinated with the sites electrical utility provider and a City ofChula Vista Electrician prior to issuance of building permit. Disruption of existing site improvements and facilities, including site landscaping improvements, resuJting ITom the installation of said electrical services shall be replaced/repaired in kind subject to the appropriate City approval(s), E, Remove and replace broken sidewalk/driveway along roadway ITontages, Remove existing driveways and replace with ChuJa Vista Construction Standard CVCS-l driveways in order to provide pedestrian access route in compliance with ADA standards (i,e" maximum 2% sidewalk cross-slope and 4 feet-wide sidewalk through driveway area), F, Implement Best Management Practices (BMPs) to prevent pollution of storm drainage systems during and after construction, Ill. Continuous Conditions: A, Remain in compliance with ANSI standards for EMF emissions, Within six (6) months of the Building Division final inspection of the project, the Applicant shall submit a project implementation report to the Director of Planning and Building which provides cumulative field Page 3 2-10 . . measurements of radio frequency (EMF) power densities of all antelmas installed at subject site, The report shall quantify the EMF emissions and compare the results with currently accepted ANSI standards, Said report shall be subject to reyiew and approval by the Director of Planning and Building for consistency with the project proposal report and the accepted ANSI standards, If on review the City in its discretion finds that the Project does not meet ANSI standards, the City may revoke or modify this conditional use pel1T1it. B, Agree to cooperate with other telecommunication companies in co-locating additional antelmas on subject property, provided said co-locaters have received a conditional use pel1T1it for such use at said site trom the City, The Applicant shall exercise good faith in co-locating with other communications companies and sharing the subject property, provided such shared use does not give rise to a substantial technical level or quality of service impail1T1ent of the pel1T1itted use (as opposed to a competitive conflict or financial burden), In the event a dispute arises as to whether the Applicant has exercised good faith in accommodating other users, the City may require a third party technical study at the expense of either or both the Applicant and the potential user. C, Ensure that the project does not cause localized interference with reception of area television or radio broadcasts, including local radio frequencies used by local school districts and water districts, If on review the City, in its discretion, finds that the project interferes with such reception, the City may revoke or modify the conditional use pel1T1it. D, Comply with the City's Municipal Code noise standards, Within three (3) months of the Building Division's final inspection, the applicant shall submit a report to the Director of Planning and Building that provides cumulative field measurements of facility noises, The report shall quantify the levels and compare the results with current standards specified in the Municipal Code for industrial uses, Said report shall be subject to review and approval by the Director of Planning and Building for consistency with the project proposal dated July 30,2003, and Municipal Code noise standards, If on review the City finds that the project does not meet the Municipal Code noise standards, the City may revoke or modify the pel1T1it. E, Allow the site to be inspected six months subsequent to the issuance of building pemlits to check confol1T1ance with project plans and conditions of approval. F, This conditional use pennit shall be subject to any and all new, modified or deleted conditions imposed after approval of this pem1it to adyance a legitimate goyemmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Pel1T1ittee and after the City has given to the Pel1T1ittee the right to be heard with regard thereto, However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Pem1ittee of a substantial revenue source which the Pennittee cannot, in the nom1al operation of the use pem1itted, be expected to economically recoyer. G, This pemlit shall expire five (5) years after the date of its approval by the Planning Commission, After this period, the Zoning Administrator shall review this conditional use pemlit for compliance with the conditions of approval, and shal] detennine, in consultation with the applicant, whether the project shall be modified from its original approval. 2-11 Page 4 H, This conditional use permit shall become yoid and ineffective ifnot utilized or extended within the time allotted in Section 19,14,260 of the Municipal Code, 1. If the telecommunications facility is no longer needed at the approved location, the Applicant shall remove the facility from the site and restore the site to its pre-exiting condition, J, Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, 'agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectiyely, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approyal and issuance of this conditional use permit, (b) City's approyal or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) applicant's installation and operation of the facility permitted hereby, including, without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions, Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this conditional use permit where indicated, below, Applicant's/operator's compliance with this proyision is an express condition of this conditional use permit and this provision shall be binding on any and all of Applicant's/operator's successors and assigns, IV, EXECUTION AND RECORDATION OF RESOLUTION OF APPRO V AL The Property Owner and Applicant shall execute this document signing on the lines provided below, said execution indicating that the property owner and applicant have each read, understood and agreed to the conditions contained herein, and wil1 implement same, Upon execution, this document shall be recorded with the County Clerk ofthe County of San Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy returned to the City's Planning and Building Department. Failure to return the signed and stamped copy of this recorded document within 10 days ofrecordation 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 of 4340 Main Street Date -- Signature of Applicant Date V. CONSEQUENCE OF FAILURE OF CONDITIONS If any ofthe foregoing conditions fail to occur, or if they are, by their tenl1s, to be implemented and maintained over time, ifany of such conditions fail to be so implemented and maintained according 2-12 Page 5 . . 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 approyals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation, Failure to satisfY the conditions of this permit may also result in the imposition of civil or crimina] penalties, VI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Planning Commission that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the eyent that anyone or more temls, proyisions or conditions are determined by a Court of competent jurisdiction to be inyalid, illegal or unenforceable, this resolution and the permit shall be deemed to be automatical1y revoked and of no further force and effect ab initio, APPROVED BY THE PLANNJNG COMMISSION OF CHULA VISTA, CALIFORNIA, this 12th day of January 2005, by the fol1owing vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: Marco p, Cortez, Chair A TrEST: Diana Vargas, Secretary J\Planning\Michael\PCC.04-072 Rcso 2-13 Page 6 ~ '. .. ( \ /\ ~q, 11rlvised 11-15-7/f RESOLUTION NO. 9354 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CIIULA VISTA APPROVING PRECISE PLAN FOR SHOPPING CENTER AND FAST FOOD RESTAURANT AT SOUTHEAST CORNER OF OTAY VALLEY ROAD AND HELROSE AVENUE The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City Council of the City of Chula Vista has heretofore received the recommendation of the Planning Commission, as contained in Resolution No. P~I-79-l2, Rdopted on the 11th day of October, 1978, setting forth the precise plan for the develop- ment of a shopping center and fast food restaurant at the southeast corner of Otay Valley Road and ~!elrose Avenue, and -- mIEREAS, the City Council of the City of Chula Vista has heretofore held a pUblic hearing to consider said precise plan on November 7, 1978 and has taken testimony and heard evidence thereon, and WHEREAS, the environmental concerns of the proposed pro- ject were previously considered as part of the rezoning request. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the precise plan for a shopping center and fast food restaurant at the southeast corner of Otay Valley Road and Helrose, Avenue in accordance with Planning Commission Resolution No. PCM-79-12; provided, further, that the site location of the fast food'restaurant shall be subject to staff approval. Presented by Approved as to form by (~ k;'l ~.&:7 7 George D. Lindberg, City Isl D. J. Peterson D. J. Peterson, Director of Planning ADOPTED AND APPROVED by CHULA VISTA, CALIFORNIA; this 7th by the following vote, to-wit: the CITY COUNCIL of the CITY OF day of Nrn,pmhpr , 1978._, AYES: Councilmen Cox, Hyde. Gillow NAYES: Councilmen Eqdahl. Scott ABSENT: Councilmen None ATTESThl.Jennie M. Fulasz /"'/ will 'T' fu!dp , l~ayor of the C:i ty of Chula Vista ATTACHMENT 8 , , ~ -. i RESOLUTION NO. PCM-79-12 RESOLUTION OF THE CITY PLANNING COMmSSION RECOMr'1ENDING TlJ THE CITY COUNCIL THE APPROVAL OF A PRECISE PLAN FOR DEVELOPMENT OF A 2.26 ACRE SHOPPING CENTER AT THE SOUTHEAST CORNER OF OTAY VALLEY ROAD AND MELROSE AVENUE WHEREAS, in conjunction with an application for change of zone from C-V-P to C-N-P, Dawat Corporation submitted a precise plan on September 15, 1978 for the development of a 2.26 acre shopping center at the southeast corner of Otay Valley Road and Melrose Avenue, and WHEREAS, the City Planning Commission, at a duly advertised pUblic hearing held at 7:00 p.m., October 11, 1978 in the Council Chamber, City Hall, 276 Fourth Avenue, considered the precise plan as submitted, and WHEREAS, the Planning Commission found that in accordance with the Negative Declaration on IS-79-16 and the findings stated therein, this development will have n~ significant adverse environmental impact, and adopted the Negative Declaration. NOW, THEREFORE, BE IT RESOLVED that the City Planning Commission finds as fo 11 ows : 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 adjoining residential uses to the south will be separated from the commercial use by carports, driveway and landscaping and should not be affected. b. That such plan satisfies the principles of the application of the "P" MDdifying District as set forth in Section 19.46.041. A grove of eucalyptus trees has been retained in the design and a planned signing program will be required. c. That any exceptions granted which deviate from the underlying zoning require- ments shall be warranted only when necessary to meet the purpose and application of the P Precise Plan Modifying District. With the conditions applied the proposed use meets the requirements of the Code. . . .." " , . '. . BE IT FURTHER RESOLVED that the City Planning Commission recommends that the City Council approve the precise plan for a shopping center and fast food restaurant at the southeast corner of Otay Valley Road and Melrose Avenue, , subject to the following conditions: 1. The applicant shall prepare and submit a planned signing program upon application for a bUilding permit. 2. Architectural plans for the proposed fast food building shall be submitted in a later phase and be architecturally coordinated with the shopping center buildings. 3. The roof line of building #1 shall be carried out on all elevations. The building shall be offset frDm the. east property line to allow for the roof extension. 4. Building #1 shall be set back from Otay Valley Road to coincide with the setback established for the adjacent restaurant planned ,to the east (approximately 31 feet from the ft'ont property 1 ine). 5. The driveway approaches on Melrose Avenue shall be perpendicular to the street. 6. The driveways on 11e1rose Avenue serving the residential and commercial uses which are adjacent to each other shall have a common driveway approach by having a rounded nose Qf the median within the property 1 ine. PASSED AND APPROVED by the City Planning Commission of Chula Vista, California this 11th day of October, 1978 by the following vote, to-wit: AYES: R. Johnson, O'Neill, G. Johnson;, Pressutti and Williams None NOES: ABSENT: Commissioner Smith ~7~ C> A ting Chairman ATTEST: ~\(&- -.- ~-.............-...-;: --- ----- f' I .1 n n in\!, !( ! ,; , ~ my (n CHUIA VI~TA Disclosure Statement Pursu;,ml l'; i.:(J~w_.il f-:\"di,;y -11)-;-(11. prl{jr ~o :~,')}' .JU ()I"' !..-;J "Ji;(l,:,[' Piann,(q CLJ'-n!1,IS~;In!" f-Jn{~ ali ,~:tll~! offiu:ii bcc;:n<> nj ~nl:" Cltv ;'1 :::,I~7.l,c 1(;:11 nterests oayrYlents u; Gl'"',pCl.CJi' ;::onlr!buhJf':i (!~~r .;; C:!y ;-:t :::r~ rT',ust hCe dISf;.:o';ecl List Up:: THli Cr), "r\r;:,r::l c:~J (;1 'jlll)I'<~<;I'I':> 'J:-::lvln~ d !1:'I;;";~l<ji ,1"1('1-"-- D\\" 'f.:'r, dppll(;(1n! cn-11rat::L:1 $.JbCO'llr;;cI ;,1 ~--~ ---.- I: ~"1'': ~)~I':>U'1 idE'~11:flC'(j i~',JrSLant L {'J dD,Y'Je ~; ;;:;\-'T,.",r,-1i a $200;] il1'''f:S!"~'fWt in thE! ~)L,sil'ess {curp()r;itIO'l"I;~Jrh!<;,I-lq I ::I':.il\ -----~- ---~._~-~- :1 If a'l~ ;_WISO:;' InC:iUBd purSui.::ulID '1:1 i:t)O\lC 1<:. ,~; -1'-1-,_1"1'[ ::;er\,ii~q as .Ji~ector :)f Inc~ rH1n-proflt :)rq;:niLaLc (Y ,J~', Ir:j~';\,--' --~- " PI{~asc< ',1f:ntify eVt;ry :)ei",OI1_ InCLJfPng ;li"iy' ;:j~~e'-\lS ~"~::I"):~",:l" ;jss;gn(~rl to ~('!Dre~;t:'~! 'i:)~ befty:;; t~H; (::1'1' in H1i~~ nlsl1p- ------- ---- .------ 5, his iH'Y person' a$Soc:i;Jll~d w,tn this r;Tlh:tct !1(:3J dny r; ,'H \/ sla dS II ~c~;::1e-s Ie tiJi::., C~'lt:',jcl 'u;hir 1'1(: P,~$[ 12 rr.JIIHy:; '.-'f' --~---- -,--------~..- If Y8S ;j:iefjy ue::;uJbc' thc' :.;)L.Jr~ :if t:-e f'i:kt'j;.:;a:'ilt:'r::,';I! ---------- n _~ I) l' par I m l~ n t [ 'H ",'1' j)!I:'wr,1 1": 1.\\ """i 11:.: APPLICATION APPENDIX B -;l:_~)j!~ rJl",uclcnary ~-j::t:CJ;1 ~)).. tile COLICI! :1~';:>OS"j(8 of cerla'1 nwr:msrdp or financi8; "11';:! 1)<2 fiied. iI'-!;; fo :CJwing 1'lformatiori ,-,~JI. .'-, j"H':.....ujecl '_Jr L'1I: :l:)P~IGlh'"lr'"~ or 1he .'!:i:-c' -~~-- 0-- 1";1 Ini~ : ,'Hnp~; of aH ir',divluu,:hs wlfh ---~ -------.- ,'--;1; L_ii' if,L'-;( :st ti-~e nar'-',es of any perSOr '}, 1'"L";t";,r of tile ('uS!, ._,----- ~,. II dependent corlrFlclors you :i8ve :C~j! 1-'fF; ,....iH' ;j,-j official~' of !'"'Ie City 01 C-ILtl3. "'JI-"1_ -------- c," ; U".JC I~', now; C0'1f~8Ct ----~- ---~--- G, rJ;1VF:' you --''j8ue a (;:)nlrl!;Lllon 01 m(Ji'~ Ulan S25U 'Nltcu- th~, :-L~ ':.f :,~'-' '.''c: I'!XI 1l1"Ylths to a c,.Jrrent nH':!mber uf I'll" CrL a \/stf.'J City Cr.)Lr-,C ,') Nu L Yes f 'y'es v",'f<d' -. ;'.:I'f ;1" ...(,~ .)~:: --------------- , t, ',..I" I. --------------- 'I ),'.'1 ATTACHMENT 9 ~\f?- -.- """""'.....:;;.........~ ---- ---- PI" n n i 11 g & H t~ dill g I) C' P ii r I rn (' n t [I, I! :1:'1('1'1 [' -n, (H,...i 11h un 01 CHULA VI~TA APPliCATION APPENDIX B Disclosure Statement - Page 2 Have- you ~r()vl(h:~d '''ncrf'~ t'1a[' SJ40 (U' ;:Jr' ili::!llI ,-j1 H-II,',,!if II past tw!':!I'v'08 (U) r.,:,nH's') ,'T'lI-S Inc!ude5 :)f~l'lg ,} sour:_;t~ Ye:;;. No)(. ~f: : (-\1 ,';t 11"-,(: (:'::11)' Df Ct':'...dd Vista ,f) t'le ~f-nv 'c rc'tire (i le~jal debt. gift, loan. elc.} ;f Yn:-" '....l1i~'l ~;ff:ciai~- 3'lC .....'1at W-;,c.. rlll-: 'l<JIIJ;,_,:A t!:.'.~ ~::I'I':,I,'"i" i}Jij}D&_ c_ --~-_.- D;':It~ " P'"Int or ------_._~-- typo. IL" ,r -:.)-ltfc;cl-:;r':Appll:;,~nt Pers{y IS 'CHA;[-i'd dc, .:.'in,;, ir-,jlv'c11..;';Ii t 'rn .:,'~ I-dl1;;o:;: orqc],"'lzation,o; :)or;:~t;on 8state, trus!, rel,;elver, S'r"-'(jl\"':;:':dr,. '"' fJollliC"''11 ;;umj:\.'isiol' -Or" any othf'~r S-1rouP Of '~;onlb '\3ti,Yi ;--,::11 ",:1;":: is::'> )(;1.81,(;[', 50C18: C:L:), fratf~rnaJ .':" - >:;v1ll Lily '1lU'^ilcipality dlstncl or nthw ()ffi~;,31 ""ICIW;es :ul l<i'ml L::,i1bU !~I Ma~'C:I' (~, ~J')LiI '1 .'--''''!'-' C0IT1!lliS3'0n or ;;o:nmilteto Or ii-ii':' Cit'", pnl;-"Jloyce, ::.1 sti::H:' ~,;- '."1 'CI '>:''''J01IS:.,,~,,:'!:-;r. f..,tpm1)I"~r 0' a ~)Oard ! '-Id: .,.",. " ;,' " I