HomeMy WebLinkAboutPlanning Comm Rpts. /2005/08/10
AGENDA
PLANNING COMMISSION MEETING
Chula Vista, California
6:00 p.m.
VVednesday, August 10, 2005
Public Services Building
Council Chambers
276 Fourth Avenue
Chula Vista, CA
CALL TO ORDER: Madrid_ Felber_ Nordstrom
Bensoussan_ Tripp_
Cortes Hom
ROLL CALL/MOTIONS TO EXCUSE
PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE
INTRODUCTORY REMARKS
ORAL COMMUNICATIONS
Opportunity for members of the public to speak to the Planning Commission
on any subject matter within the Commission's jurisdiction but not an item on
today's agenda. Each speaker's presentation may not exceed three minutes.
1. PUBLIC HEARING: GPA 05-01, PCZ 03-01 and PCS 03-01; Consideration of
General Plan Amendment, Rezone and Tentative
Subdivision Map for a project known as EI Dorado Ridge,
Chula Vista Tract 03-01; located on the east side of
Brandywine Avenue, across from Mendocino Drive, north
of Main Street.
Project Manager: Richard Zumwalt, Associate Planner
2. PUBLIC HEARING: PCM 05-17; Otay Ranch Village Seven Sectional Planning
Area (SPA) Amendment redesignating a portion of
Neighborhood R-2 from SF-4 to RM-1, located southeast
of Birch Road and La Media Road. Otay Project, LP.
Project Manager: Harold Phelps, Associate Planner
Planning Commission
- 2 -
August 10, 2005
DIRECTOR'S REPORT:
COMMISSION COMMENTS:
COMPLIANCE WITH 11-IE 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 (TOO) at 585-
5647. California Relay Service is also available for the hearing impaired.
PLANNING COMMISSION AGENDA STATEMENT
Item No.:L
Meeting Date: 08/10/05
ITEM TITLE:
Public Hearing: Consideration of General Plan Amendment,
Rezone and Tentative Subdivision Map, GPA -05-01, PCZ-03-01,
and PCS -03-01, for a project known as El Dorado Ridge, Chula
Vista Tract-03-01, located on the east side of Brandywine Ave,
across from Mendocino Drive, north of Main Street - CVHI, LLC.
The applicant, CVHI, LLC, has submitted applications requesting approval of a General Plan
Amendment, Rezone and Tentative Subdivision Map for the El Dorado Ridge Project. The
project site is a vacant 11.46-acre lot located on the east side of Brandywine Ave, across from
Mendocino Dr, north of Main Street in southern Chula Vista. (See attached locator map). The
specific applications are described below:
(1) GPA-05-01 is an amendment of the Chula Vista General Plan from the Residential-
Low Designation (3-6 dwelling units per acre) to the Residential - Medium Designation
(6-11 dwelling units per acre).
(2) PCZ-03-01 is a request for a zoning re-classification from the R-1-10H Single Family
Residence Zone to the R-2-P - One and Two Family Residence Zone, with a Precise Plan
Modifying District.
(3) PCS-03-01 is a request for a Tentative Condominium Subdivision Map to subdivide a
vacant 11.46-acre lot into two lots, (A) a 7.22 acre multi-family residential lot, to pennit
construction of 104 attached condominium town homes, including garages, guest parking
and common recreational facilities, and a 4.24 acre open space lot for preservation of
biological resources and steep slopes.
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act and has conducted an Initial Study, IS-02-045 in
accordance with the California Environmental Quality Act. Based upon the results of the Initial
Study, the Environmental Review Coordinator has detennined that the project could result in
significant effects on the environment. However, revisions to the project made by or agreed to
by the applicant would avoid the effects or mitigate the effects to a point where clearly no
significant effects would occur; therefore, the Environmental Review Coordinator has prepared a
Mitigated Negative Declaration, IS-02-045. All written comments are to be received by August
16, 2005. (see Attachment 5).
Page 2, Item:
Meeting Date: 08/10/05
BOARDS/COMMISSIONS RECOMMENDATION:
On August 1, 2005, the Resource Conservation Commission recommended approval of
Mitigated Negative Declaration IS-02-045.
On July 18,2005, the Design Review Committee approved Design Review Application DRC-05-
022 for the El Dorado Ridge Project, by a vote of 3-0-1-1. No further action is required on this
application, which is predicated upon approval of these applications.
PUBLIC COMMENTS:
On June 9, 2005, City staff and the applicant hosted a publicly noticed meeting at the Valle
Lindo Elementary School, to accept comments and questions on the project. Prior to this
meeting, the applicant conducted a series of public workshops to obtain public input and provide
updates on the progress of the project. There were five attendees from the public at the June 9th
meeting. The concerns expressed at the meeting were limited to increased traffic congestion and
accidents in the vicinity of Brandywine Ave. between Main Street and Sequoia Street, which
makes it increasingly difficult to turn onto Brandywine Ave. from adjacent streets.
Staff has discussed these concerns with our Engineering Department. A traffic study was
prepared which showed that the project will generate 832 average daily trips, and that
Brandywine Ave. is forecast to operate at level of service "c" before and after project approval.
The Brandywine A ve./Sequoia Intersection north of the project site is currently a 4-way stop, but
will be one of the next intersections in the City to receive a traffic signal, which will help reduce
traffic queues that affect congestion at this intersection. Some of this congestion results from the
ongoing construction of the 1-805/ Olympic Parkway interchange, which may divert some
eastbound traffic intending to use the 1-805/ Olympic Parkway interchange to the 1-805/ Main
Street interchange, to Brandywine, past the project site to Olympic Parkway. This is a temporary
condition that will end with completion of the freeway construction, which is anticipated by
November 2005. Also, preparation of a striping plan showing a safe sight visibility triangle is
required prior to approval on the Improvement plans, which will ensure that the project access
will function safely.
RECOMMENDATION:
That the Planning Commission adopt attached Resolution GPA-05-01/ PCZ 03-01/ PCS- 03-01
recommending that the City Council approve: 1) Mitigated Negative Declaration, IS-02-045, 2)
GPA-05-01, an amendment of the Chula Vista General Plan, 3) PCZ-03-01, a request for a zoning
re-classification, and 4) PCS-03-01, a request for a Tentative Condominium Subdivision Map, in
accordance with the attached draft City Council Resolutions.
DISCUSSION:
1. Existing Site Characteristics
Page 3, Item:
Meeting Date: 08/10/05
The El Dorado Ridge project site is located on the east side of Brandywine Ave. across from
Mendocino Dr., north of Main Street in southeastern Chula Vista. The site is a 11.46 acre
undeveloped site with elevations ranging from a high point of 320 feet at the center of the
northern boundary of the lot, to 189 feet at the southwestern corner of the lot adjacent to
Brandywine Drive. The site slopes uphill to the northeast, with gradients ranging from level lands
adjacent to Brandywine A venue to slopes of over 25% on the northeastern portion of the site.
The on-site vegetation has been identified as 5.9 acres of ruderal (disturbed) vegetation, a .19-
acre a natural drainage swale, and 5.4 acres of the Maritime Succulent Scrub plant community.
2. Surrounding Land Uses
The adopted and existing land uses on site and in the surrounding area include the following:
South
General Plan Designation Zoning Existing Land Use
Residential- Low Resid. - Single Family Vacant
Medium (R-I-IO-H -I dull 0,000
s. f.)
Residential - Low Planned Community Apartments
Medium
Research and Limited Limited Industrial Industrial
Industrial (IL-P)
Residential - Low Planned Community Single-Family
Medium Residential
Residential - Low Resid. - Single Family Condominiums
Medium (R-I-5, 1 du/5,000 s. f.)
Location
Site
North
East
West
3. Background:
The Project site was formerly owned by the Chula Vista Elementary School District, who has
sold the property to the applicant. On 7/23/02, the applicant filed a Tentative Map application
(PCS-03-0 1) to subdivide the property into 50 single family residential lots at a minimum lot size
of 4,500 square feet, a rezone application (PCZ-03-01) to rezone the property from the existing
RI-IO (H) zone to the RI-5 (P) zone, and a Precise Plan application (PCM-02-23), to allow
more design flexibility.
During project review it was detennined that much of the site is constrained by steep slopes that
are highly visible from off-site. As a result of these site constraints, the available developable
area was significantly reduced, and the applicant sought amendment of the General Plan through
the City's General Plan Update from Low-Medium Residential (3-6 du/acre) to Medium
Residential (6-11 du/acre). Prior to fonnal filing of the Design Review application, it was
detennined that City's General Plan Update was not going to be approved in time to meet the
project schedule, so the applicant filed a privately-initiated General Plan Amendment application,
Page 4, Item:
Meeting Date: 08/10/05
and modified their Rezone and Tentative Map applications to request a clustered, multi-family
development.
The Design Review application DRC-05-22 was approved by the Design Review Committee on
7/18/05, and action in reliance on the DRC approval is contingent upon adoption of the General
Plan Update and Rezone, and therefore building penn its cannot be issued until the General Plan
change and rezone take effect.
The Tentative Map resolution requires compliance with both Tentative Map and Design Review
conditions of approval. The applicant has a concern that conditions of the DRC and Tentative
Map might overlap, and so staff has included a condition of approval that ensures that if there are
conflicts, the Tentative Map conditions shall prevail, except where they relate to design matters
subject to the City Design Manual, such as landscaping, architecture, and freestanding wall and
fence design.
4. Analysis
A. Biology:
A biological study was prepared for the project, which detennined that sensitive biological
resources exist on the property. The project will result in impacts to the Coastal California
gnatcatcher, 1.1 acre of Maritime succulent scrub (MSS), a natural drainage of approximately
0.19 acre, and 17 percent of the Narrow Endemic species population, such as Otay tarplant and
Snake cholla which are covered species under the City's MSCP Subarea Plan. 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 and Incidental Take (HUT) Ordinance.
Based on the environmental analysis, staff has detennined that the project has complied with the
City's MSCP Subarea Plan and met the requirements of the HUT Ordinance. All biological
impacts have been mitigated to below a level of significance. The applicant has signed an
agreement to abide by the Mitigation Monitoring and Reporting Program (MMRP), which
includes the mitigation measures for impacts to the biological resources found on-site.
B. General Plan Amendment/Rezone:
Proposed Land use Changes:
The project requests a change from the Residential - Low Medium General Plan Designation (3-
6 dwelling units per acre) to the Residential - Medium General Plan Designation (6-11 dwelling
units per acre). Also requested is a zoning re-c1assification from the R-I-IOH Single Family
Residence Zone to the R-2-P - One and Two Family Residence Zone, with a Precise Plan
Modifying District. Staff suggested this change as a method for developing a more creative project
that is consistent with the physical setting and surroundings. The Precise Plan Modifying District
will be used to adopt amendments to the R-2 development standards to pennit town home building
Page 5, Item:
Meeting Date: 08/10/05
types, a 35 foot/3 story height limit, maximum floor areas approximating the proposed unit sizes,
establishment of a guest parking standard of 1 space per 3 dwelling units, and a limitation of density
to 9.1 dwelling units per acre (see Attachment 6, GPA map).
Compatibility with surrounding area:
The site is on the fringe of a residential area designated Residential- Low Medium (3-6 du/acre)
on the General Plan, and zoned PC (Planned Community), where the existing development
pattern transitions from single-family to the east on top of the ridge, to multi-family on the north
and west along Brandywine Ave., to light industrial on the south. Because of the grade separation
between site and the single-family to the northeast, and the sites' more direct proximity to
existing multi-family and industrial lands on the west and south, respectively, it is logical that the
project site be developed with multi-family uses. Furthennore, the subdivision of the property
into an 4.24 acre open space lot adjacent to the existing single family uses provides a buffer
between the proposed multi-family units and the existing homes.
The industrial site to the south is a light industrial complex of suites whose tenants operate
indoors with loading bays in the back, and a parking lot in front. There is a landscaped slope on
the industrial site. The parking lot also wraps around to face the project site.
Staff feels the proposed project will be compatible with the adjacent industrial site for the
following reasons: 1) The adjacent industrial complex contains light-industrial uses which
operate indoors, except for the loading area; and 2) After construction, the proposed townhomes
will be separated from the adjacent industrial building by approximately 220 feet distance, and
separated by grades of approximately 70 feet, and 3) The project design will include a program of
walls, fencing and landscaping to help buffer the project from the industrial site; and 4) The
project's noise study did not identify noise from the industrial as an potential impact, but if a
noise complaint is filed, the CVMC contains enforceable noise regulations designed to protect
residential uses .
Conformance to City General Plan:
With the adoptions of the proposed General Plan Amendment, the Rezone and Tentative Map
will be in conformance the City General Plan because it would allow development at a density of
9.1 dwelling units per acre, which is within the allowable residential density range of 6-11
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 and
sensitive plant habitat. Also, the project proposes an attached townhome development which will
be consistent with the character intended for a Residential Medium area, and will be compatible
with the development of the surrounding area, which transitions from single family to multi-
family to industrial. Also, the project is consistent with the pending City General Plan Update.
Adoption of the Rezoning Ordinance and Precise Plan standards
Page 6, Item:
Meeting Date: 08/10/05
Staff recommends adoption of the proposed rezoning ordinance and precise plan standards
because the project configures the placement of the open space and residential uses on the site in
a way that provides preservation of steep slope and biological open space areas. It will not have
a negative impact on the surrounding neighborhood because the proposed standards allow the
applicant to design an attached townhome project that is compatible with the surrounding
development.
B. Tentative Map:
Proposed Proiect:
The application also requests approval of a Tentative Map for a 2-10t condominium subdivision,
including Parcell, a 4.24-acre open space lot supporting sensitive plant species and steep slopes,
and Parcel 2, a 7.22-acre residential lot for a 104 attached town-homes, 38 guest parking spaces
in open parking bays, and 9 common recreation areas. The proposed town-homes consist of 3
floor plans, clustered into buildings ranging in size from 3-plexes to 8-plexes. Maximum
building height is 35 feet, 3 stories. The units range from a 2 or 3 bedroom, 1,791 sq. ft. Plan A,
to a 4 bedroom, 2,270 sq. ft. Plan C, each with a 2-car garage (See Attachment 7, Site Plan).
Subdivision Design:
Portions of the site which are not suitable for residential development due to presence of
sensitive biological resources and steep slopes will be protected in a separate open space lot,
while a residential lot will be created for the developable portion of the site, which will be graded
and developed in a manner that confonns to all standards established by the City for a residential
development.
The 4.24-acre open space parcel is specifically designed to preserve 80% of the narrow endemic
sensitive plant species on site, Otay Tarplant and Snake Cholla, which were identified in the
biology study. Pursuant to the City MSCP, a maximum of 20% of narrow endemic plant species
will be taken for development. Also, clustering the development on the lower portions of the site
has preserved the steep slope landfonns, which has resulted in significantly reducing the grading
necessary for the project.
The 7.22-acre residential parcel size and design is a factor of the amount of open space required
to preserve the steep slope and sensitive plant species. The parcel is curvilinear in shape and
generally follows the toe of the existing natural slope. The developable area is very narrow on the
northwest comer adjacent to Brandywine Ave. and widens to pennit a loop street system
supporting a majority of the units on the south side of the site.
Because the project is a Condominium Subdivision pursuant to the Government Code,
preparation ofCC&R's are required. The applicant has expressed a concern that the conditions of
approval regarding CC&R's might conflict with the Department of Real Estate requirements.
Staff is reviewing this issue and will report any findings that might affect the language of the
proposed conditions at the public hearing.
Page 7, Item:
Meeting Date: 08/10/05
Grading and Retaining Walls:
Due to site development constraints mentioned above, the applicant has proposed a system of
tiered, split-face block retaining walls that surround the residential parcel, to create useable
building pads. The retaining walls will be split-face, and have been tiered to provide
intennittent landscaped benches of 3-5 feet to soften their views.
Retaining walls of variable heights will be located along the perimeter of the site. Along
Brandywine Street, the retaining walls range from a 3-tiered, 26 ft high wall with intennittent 10
ft. wide landscaped benches at the southwest corner of the site, to a 6- foot high, 2-tiered wall
with a 5 foot landscaped bench at the northwest comer. On the southern perimeter, the walls
transition from grade level where they support areas of cut to create the building 10 pad, to 2-
tired, 25 foot high retaining walls which support the fill to create the pad for building 8.
Along the Open Space Preserve, the walls range from a single 2 foot high retaining wall at the
eastern side of the site next to building 16, to a 2-tiered, 15 ft. high retaining wall with a
landscaped bench next to the recreation area between buildings 2 and 5. In this area the wall will
include a 6 ft. high firewall above the retaining wall, which also will incorporate a landscape
bench and planting at the base. In this area the walls support areas of cutting to create building
pads, except for adjacent to building 16, at which the walls are reversed to support the building
pad.
Pad elevations range from 262 feet for Building 19, on the eastside of the site, to 212 feet for
Building 1 just north of the project entry. The pad and finished floor elevations will step
downhill from east to west. To fit buildings 2, 18 and 19 to their pads, these buildings will
utilize stepped foundations.
Project Access and Circulation
The project fronts on Brandywine Ave, an 80 foot, 4-lane Class I Collector Road. There is one
52-ft. wide gated project entry on the west side of the site connecting to Brandywine Ave. The
entry gate will be fitted with systems that will allow police patrol and fire vehicles to open the
gate. Twenty-two to twenty four foot wide private streets provide primary vehicular access. The
street system includes two dead-end streets with vehicular turn-arounds on the west side of the
project, which staff is recommending to receive a waiver of private street standards from 24 feet
to 22 feet in order to provide landscape area to buffer retaining walls and to provide planting
areas along the private streets. There are 24-foot private streets in a loop system on the east side
of the project.
Access to public transit will be provided by an existing bus stop at intersection of Sequoia Street
and Brandywine Ave. Pedestrian access will be provided via internal 4-foot wide pedestrian
paths connected to the public sidewalk on Brandywine Ave.
Page 8, Item:
Meeting Date: 08/10/05
A traffic study has been prepared by Federhart and Associates (dated 2/4/05) for the project. It
determined that the Brandywine Ave is designed to accommodate 22,000 average daily trips
(ADT's), and currently operates at level of service "c" with 6,800 ADT's. After construction of
the project, which will add 832 ADT's, Brandywine Ave. will continue to operate at an
acceptable level of service "C". Recommended traffic mitigation measures included payment of
Transportation DIF Fees, and preparation of a striping plan showing a safe sight visibility
triangle, prior to approval of the improvement plans, which will ensure that the project access
will function safely.
Fire Protection Plan:
The project site is located in a high fire hazard zone, which per the California Fire Code requires
preparation of a Fire Protection Plan. This plan has been prepared by Firewise 2000, Inc. and
approved by the City Fire Marshall. The fire hazard is a result of existing vegetation within close
proximity of the proposed units. The Fire Protection Plan includes fire mitigation measures
which have been included in the draft conditions of approval, such as: 1) a six-foot non-
combustible fire wall separating the units from the open space, 2) emergency exterior fire
sprinklers in the biological preserve area, 3) fire-resistant landscaping, 4) fuel modification zones
in non-preserve open space areas, and 5) structural mitigation measures for the units, such as
sprinklers, boxed eaves, covered vents, and building projections made from non-combustible
materials.
Conclusion:
Portions of the site which are not suitable for residential development due to presence of
sensitive biological resources and steep slopes will be protected in a separate open space lot,
while a residential lot will be created for the developable portion of the site, which will be graded
and developed in a manner that confonns to all standards established by the City for a residential
development. As a result of the site design process that has occurred in conjunction with the
Subdivision Map and Design Review applications, and the inclusion of conditions of approval,
staff has detennined that the project is in compliance with City Subdivision Manual
requirements, and is physically suited for residential development, as required by the State
Subdivision Map Act.
Based on the preceding infonnation, staff is of the opinion that the project meets the General
Plan, Zoning and Subdivision Manual requirements for a Tentative Subdivision Map, and
recommends that the Planning Commission adopt the attached Planning Commission Resolution
recommending that the City Council approve the General Plan Amendment 05-01, Rezone PCZ-
03-01, and Tentative Map PCS 03-01, subject to the conditions listed in the attached Draft City
Council Resolution.
Attachments:
1. Locator Map
2. Planning Commission Resolution
3. Draft City Council Resolution
4. Draft Ordinance
5. Mitigated Negative Declaration
6. General Plan Amendment Map
7. Site Plan
8. Ownership Disclosure Statement
J:\Planning\Case Files\-06 (FY 05-06)\GPA\GPA-05-01\GPA_05-01]C_Agenda_Statementdoc
Page 9, Item:
Meeting Date: 08/10/05
CHULA VISTA PLANNING
LOCATOR ~~~~I~~1T: EI Dorado Subdivision
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PROJECT
ADDRESS:
Brandywine Avenue
NORTH
SCALE:
No Scale
FILE NUMBER:
GPA-05-01
Related cases: PCM-02-23, DRC-05-22. PCS-03-01.IS-02-045
J:\planning\carlosllocators\gpa0501.cdr 12,29,04
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LEGEND
D Project Location
AND BUILDING DEPARTMENT
PROJECT DESCRIPTION:
GENERAL PLAN AMENDMENT
Request: Proposal for a General Plan Amendment to subdivide an 11.46 acre
site Into 104 townhome condominium units.
It. rrA-C+i V\t e !vII 1-
:)'U~ r'r P. c ~ ,Le.,1 c
RESOLUTION NO. GPA-05-01 / PCS-03-01
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL
ADOPT THE MITIGATED NEGATIVE DECLARATION AND
MITIGATION MONITORING AND REPORTING PROGRAM IS-
02-045; APPROVING AMENDMENTS TO THE CITY'S
GENERAL PLAN; REZONE WITH PRECISE PLAN
STANDARDS; AND APPROVING AND ESTABLISHING
CONDITIONS OF A TENTATIVE MAP TO DIVIDE 11.46 ACRES
LOCATED ON THE EAST SIDE OF BRANDYWINE AVE
ACROSS FROM MENDOCINO DRIVE INTO A TWO-LOT
CONDOMINIUM SUBDIVISION CONTAINING 104
RESIDENTIAL UNITS AND OPEN SPACE - EL DORADO
RIDGE.
WHEREAS, on July 23, 2002, duly verified applications were filed with the City of Chula
Vista Planning and Building Department, and subsequently amended on October 14, 2004,
requesting approval of a Tentative Subdivision Map to subdivide 11.46 acres into 104 condominium
dwelling units, and rezone application requesting a change from the R-1-10H zone to the R-2-P
zone with Precise Plan Modifying District Standards; and
WHEREAS, on November 8, 2004, a duly verified application was filed requesting
amendments to the City's General Plan, ("Project") by CVHI, LLC ("Developer"); and
WHEREAS, the area ofland commonly known as El Dorado Ridge Tentative Subdivision
Map (PCS-03-01), Chula Vista Tract No. 03-01, which is the subject matter of this Resolution, is
diagrammatically represented in Exhibit "A", attached hereto and incorporated herein by this
reference, and for the purpose of general description herein consists of 11.46 acres located on the
east side of Brandywine Avenue, north of Main Street, across from Mendocino Drive, ("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-02-45 in accordance with CEQA.
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-02-045.
WHEREAS, the Planning Commission finds that the Mitigated Negative Declaration and
Mitigation Monitoring Program (IS-02-045), has been prepared in accordance with requirements of
CEQA, the State CEQA Guidelines and the Environmental Review Procedures ofthe City ofChula
Vista; and
WHEREAS, the Planning Commission finds that the Project's environmental impacts will be
mitigated by adoption of the Mitigated Negative Declaration and Mitigation Monitoring Program
(IS-02-045), and that such program has been designed to ensure that the developer and its successors
and assigns, will implement the project components and comply with the Mitigation Monitoring
Program, and
WHEREAS, the Planning Commission having received certain evidence on August 10,2005,
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 GP A~05~01 / PCS-03~01 herein, and
recommended that the City Council approve the Project and Mitigated Negative Declaration IS-02-
045, based on certain tenns and conditions; and,
WHEREAS, the Planning and Building Director set the time and place for a hearing on the
Project, and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the city and its mailing to property owners within 500 feet ofthe
exterior boundaries of the property, at least 10 days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.,
August 10,2005, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission
and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
recommends that the City Council adopt the attached Draft City Council Resolution approving the
Project, Draft Ordinance for Rezone, and Negative Declaration IS-02-045 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 10th day of August, 2005, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
Vicki Madrid, Chairperson
ATTEST:
Diana Vargas, Secretary
It TrA-Gj.;f M€-vV t .3
4)(Llt'f--r C. C. (L~ S 0
DRAFT RESOLUTION NO. 2005-_(GPA-05-01/PCS-03-01)
RESOLUTION OF THE CITY OF CHULA VISTA CITY
COUNCIL ADOPTING THE MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING AND
REPORTING PROGRAM IS-02-045; APPROVING
AMENDMENTS TO THE CITY'S GENERAL PLAN; AND
APPROVING AND ESTABLISHING CONDITIONS OF A
TENTATNE MAP TO DNIDE 11.46 ACRES LOCATED ON
THE EAST SIDE OF BRANDYWINE AVE ACROSS FROM
MENDOCINO DRNE INTO A TWO-LOT CONDOMINIUM
SUBDIVISION CONTAINING 104 RESIDENTIAL UNITS
AND OPEN SPACE - EL DORADO RIDGE.
I. RECITALS
A. Project; Application for Discretionary Approval
WHEREAS, on July 23, 2002, a duly verified application was filed with the City of Chula
Vista Planning and Building Department, and subsequently amended on October 14, 2004,
requesting approval of a Tentative Subdivision Map to subdivide 11.46 acres into 104
condominium dwelling units ("Project") by CVHI, LLC ("Developer"); and
WHEREAS, on November 8, 2004, a duly verified application was filed requesting
amendments to the City's General Plan to change the Residential Low-Medium (3-6 du/acre)
designation to Residential Medium (6-11du/acre), ("Project") by Developer; and
WHEREAS, on August 23, 2005, the development of the Project Site received the following
discretionary approvals from the Chula Vista City Council: 1) Zone Reclassification PCZ-03-
01, adopting an ordinance changing the zoning of the property from R-1-lOH to R-2-P; and
B. Prior Discretionary Approvals
WHEREAS, on July 18, 2005, the development of the Project Site received discretionary
approval from the Design Review Committee for Design Review Application DRC-05-22 for
a 104 unit multi-family condominium project; and
C. Project Site
WHEREAS, the area of land commonly known as El Dorado Ridge Tentative Subdivision
Map (PCS-03-01), Chula Vista Tract No. 03-01, 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 11.46 acres located on the east side of Brandywine Avenue, north of Main Street,
across from Mendocino Drive, located within the Residential Medium Designation (6-11
dwelling units per acre) of the General Plan, and the Residential Single Family (R-2-P) zone
(One and Two Family Residential Zone, Precise Plan Modifying District ), consisting of
APN 644-010-27-00 ("Project Site"); and
D. Environmental Determination
Resolution No. 2005-
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-02-45 in accordance with CEQA.
WHEREAS, based on the results of the Initial Study, the Environmental Review Coordinator has
determined that the project could result in significant effects on the environment. However, revisions
to the project made by or agreed to by the 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-02-045.
WHEREAS, on August 1, 2005, the Resource Conservation Commission detennined that
Initial Study IS-02-45 for the Project was adequate, and recommended adoption of the
Mitigated Negative Declaration. Furthennore, on August 10, 2005, the Planning Commission
also recommended adoption of Mitigated Negative Declaration.
E. Planning Commission Record on Applications
WHEREAS, the Planning Commission held a noticed public hearing on the Project on
August 10, 2005, and after hearing staffs presentation and public testimony voted _-_-_ to
recommend that the City Council approve the Project, in accordance with the findings and
subject to the conditions listed below; and
F. 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 August 23, 2005, in the Council Chambers, 276
Fourth Avenue, at 6:00 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 Project held on August 10, 2005, and the minutes and Resolution resulting
thereffom, 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 detennination that Mitigated Negative Declaration (IS-02-045), in the fonn
presented, has been prepared in accordance with requirements of the California
2
Resolution No. 2005-
Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental
Review Procedures of the City of Chula Vista and is hereby adopted.
IV. APPROVAL OF GENERAL PLAN AMENDMENT
The Chula Vista General Plan Land Use Diagram is hereby amended as set forth and
diagrammatically represented in Exhibit "A", a copy of which is on file in the office of the
City Clerk, known as Document , to change the land use designation of 11.46 acres
located on the east side of Brandywine Avenue, across from Mendocino Drive, and north of
Main Street, from Residential -Low Medium (3-6 dwelling units per acre) to Residential
Medium (6-11 dwelling units per acre).
V. GENERAL PLAN INTERNAL CONSISTENCY
The City Council hereby finds and detennines that the General Plan consistency is internally
consistent and shall remain internally consistent following the amendments thereon in this
Resolution.
VI. GENERAL PLAN AMENDMENT AND TENTATIVE SUBDIVISION MAP
FINDINGS
A. Pursuant to Government Code Sections 65350 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:
1. Land Use
The project will be developed at a density of 9.1 dwelling units per acre, which is
within the allowable residential density range of 6-11 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 and
sensitive plant habitat. Also, the project proposes an attached townhome development
which will be consistent with the character intended for a Residential Medium area,
and will be more compatible with the development of the surrounding area, which
transitions from single family to multi-family to industrial. The proposed project
provides a broader range of housing opportunities in the southeastern portion of the
City.
2. Circulation
The Developer will construct the on-site private streets, and the off-site public streets
required to serve the subdivision already exist. Required public street improvements
will be provided by the Developer per the Conditions of Approval. The private streets
within the Project will be designed in accordance with the City design standards
and/or requirements and provide for vehicular and pedestrian connections. A traffic
report has been prepared for the proj ect, which detennined that the proj ect would not
adversely affect the surrounding neighborhood.
3
Resolution No. 2005-
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, therefore this
requirement is waived.
4. Housing
The Project is consistent with the density prescribed within the Residential - Medium
General Plan designation, and provides additional opportunities for multi-family
residential home ownership. The project has been conditioned to require that the
Developer enter into an agreement with the City to provide low and moderate-income
housing consistent with the City's Affordable Housing Program, Policy 3.1.2 of the
City's Housing Element, prior to issuance of the final map.
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 preserve steep slopes and sensitive plant habitat. 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 includes adequate areas for on-site, privately maintained open space to
serve each dwelling unit, and 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 confonnance with City safety policies and have detennined that the
proposal, as conditioned, meets those standards. A Fire Protection Plan has been
prepared and approved by the City Fire Marshal.
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 pennit.
The Project has been conditioned to require that all dwelling units be designed to
4
Resolution No. 2005-
preclude interior noise levels over 45 dBA and exterior noise exposure over 65 dBA
for all outside private yard areas.
10. Scenic Highway
This Project Site IS not located adjacent to or visible from a designated scemc
highway.
11. Seismic Safety
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.
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 those portions of the site
which are not suitable for residential development due to presence of sensitive biological
resources and steep slopes will be protected in a separate open space lot, while a
residential lot will be created for the developable portion of the site, which will be graded
and developed in a manner that conforms to all standards established by the City for a
residential development.
E. The conditions herein imposed on the grant of permit or other entitlement herein
contained is approximately proportional both in nature and extend to the impact created
by the proposed development.
BE IT FURTHER RESOLVED that the City Council does hereby approve the Project
subject to the general and special conditions set forth below.
VI. GENERAL CONDITIONS OF APPROV AL
A. Project Site is Improved with Project
The Developer, or his/her successors in interest, shall improve the Project Site with the
Project as described in the Tentative Subdivision Map, Chula Vista Tract No. 03-01, El
Dorado Ridge.
5
Resolution No. 2005-
VII. SPECIAL CONDITIONS OF APPROVAL
A. The conditions herein imposed on the tentative map approval or other entitlement herein
contained is approximately proportional both to nature and extent of impact created by the
proposed development. Unless otherwise specified, all conditions and code requirements
listed below shall be fully completed by the Developer or successor-in-interest to the City's
satisfaction prior to approval of the Final Map, unless otherwise specified:
GENERAL! PLANNING AND BUILDING
1. All of the terms, covenants and conditions contained herein shall be binding upon and
inure to the benefit of the heirs, successors, assigns and representatives of the Developer
as to any or all of the property.
2. Developer and his/her successors in interest shall, comply, remain in compliance and
implement, the terms, conditions and provisions, as are applicable to the property which
is the subject matter of the General Plan Amendment, Zone Reclassification, and
Tentative Subdivision Map, as recommended for approval by the Planning Commission
on August 10,2005, and the Notice of Decision for Design Review Permit DRC-05-22,
approved by the Design Review Committee on July 18, 2005. 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. Said 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
form approved by the City Attorney.
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. Where proposed street improvements do not
meet City standards, the Project engineer shall submit a written signed and stamped
request to deviate from City standards and that the deviation shall not reduce public
safety and the deviation conforms to common engineering practices and standards.
5. Guarantee the construction of public street improvements deemed necessary to provide
service to the subject subdivision in accordance with City standards.
6. Provide evidence to the satisfaction of the City Engineer of ties to established survey
monuments to the proposed street centerlines prior to issuance of any grading or
construction permits or approval of the Final Map.
7. Prior to issuance of a grading permit, the Developer shall prepare, submit and obtain the
approval by the Director of Planning and Building or designee a landscape slope erosion
control plan. All plans shall be prepared in accordance with the current Chula Vista
Landscape Manual and Grading Ordinance 1797 and shall provide 1 I-gallon tree or
shrub per every 100 square feet. Plans shall be prepared by a registered Landscape
6
Resolution No. 2005-
Architect pursuant to the City's Landscape Manual, City Grading Ordinance and
Subdivision Manual.
8. Brow ditches or drainage swales that cross over enhanced pedestrian paving crossings
shall be similarly enhanced to match the enhanced pedestrian paving design.
9. Detailed street tree Plans for the Project shall be submitted concurrent with grading plan
submittal and approved prior to approval of the Grading Permit 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.
10. 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 conform to the approved landscape concept plan.
11. 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 of Chula Vista Subdivision
Ordinance, Grading Ordinance, the Landscape Manual, and Subdivision Manual.
12. All project landscaping shall conform to the design elements of the City's Landscape
Manual, and requirements ofthe DRC-05-22 Notice of Decision.
13. If any of the terms, covenants or conditions contained herein shall fail to occur or if they
are, by their terms, to be implemented and maintained over time, if any of such
conditions fail to be so implemented and maintained according to their terms, the City
shall have the right to revoke or modify all approvals herein granted including issuance of
building permits, 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 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.
14. 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
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.
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Resolution No. 2005-
15. Developer shall diligently implement, or cause the implementation of all mitigation
measures pertaining to the Project identified in Mitigated Negative Declaration, IS-02-45.
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.
16. Developer and 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 ofthe
biological mitigation measures identified in the IS-02-45 Mitigation Monitoring and
Reporting Program.
17. Obtain approval of revised street names to the satisfaction of the Director of Planning and
Building and City Engineer. Updated street names shall be noted on the Final Map. The
Map shall show that a segment of Vista Las Palmas has been re-named to eliminate one
of the two intersections of Vista Del Agua and Vista Las Palmas, and that the project
entry street be re-named.
18. Comply with the following requirements of the Fire Protection Plan dated June 27, 2005,
Section 5.0 - "Recommended Fuel Modification Treatments and Fuel Treatment Location
Map", to the satisfaction of the Fire Marshall:
5.2 Mandated Inclusions in the El Dorado Ridge Covenant and Agreement
(CC&R's).
GRADING/DRAINAGEINPDES
19. Developer shall comply with the NPDES Municipal Permit, Order No. 2001-01 since
home subdivisions of 10 housing units or more are considered Priority Development
Projects. Developer shall meet the requirements of the Standard Urban Storm Water
Mitigation Plans (SUSMPs) and Numeric Sizing Criteria. All runoff shall be collected
and pre-treated prior to discharge to the public storm water conveyance system.
20. Developer shall complete the applicable forms (see City of Chula Vista's Development
and Redevelopment Storm Water Management Requirements Manual) and comply with
the Manual's requirements.
21. Developer is required to obtain City approval of a Water Quality Technical Report to
identify potential pollutants generated at the site during the post-development phase of
the project and to identify/propose appropriate structural and non-structural Best
Management Practices (BMPs) to minimize discharge of such pollutants to the maximum
extent practicable. Said report shall address run-on from upstream, off-site sources and
8
Resolution No. 2005-
the potential for the discharge of sewage from on-site wastewater collection systems. A
hydrology study is required. Such study shall, in particular, demonstrate that the post-
development flow rate for a given design storm does. not exceed the pre-development
flow rate at the outlet of the subdivision.
22. Development of this project shall comply with all requirements of State Water Resources
Control Board (SWRCB) (NPDES General Permit No. CAS000002, Waste Discharge
Requirements for Discharges of Storm Water Runoff Associated with Construction
Activity. In accordance with said Permit, a Storm Water Pollution Prevention Plan
(SWPPP) and a Monitoring Program Plan shall be developed and implemented
concurrent with the commencement of grading activities. The SWPPP shall specify both
construction and post-construction structural and non-structural pollution prevention
measures. The SWPPP shall also address operation and maintenance of post-construction
pollution prevention measures, including short-term and long-term funding sources and
the party or parties that will be responsible for the implementation of said measures.
23. Developer shall complete an accurate Notice-of-Intent (NOI) and file it with the
SWRCB. A copy of the acknowledgement from the SWRCB that a NOI has been
received for this project shall be filed with the City of Chula Vista when received;
further, a copy of the completed NOI from the SWRCB showing the Permit Number for
this project shall be filed with the City of Chula Vista when received.
24. Developer shall submit a drainage study prepared by a registered civil engineer and
approved by the City Engineer prior to issuance of a grading permit or other development
permit. Design of the drainage facilities shall consider existing on site and offsite
drainage patterns. The drainage study shall state that the analysis provided in the study
meets the minimum requirements of the City of Chula Vista Subdivision Manual and
shall show:
i) How downstream properties and storm drain facilities are impacted. The extent of the
study shall be as approved by the City Engineer.
ii) Inlet sizing and dry lane calculations showing the adequacy of existing downstream
facilities to the satisfaction of the City Engineer.
iii) Pre/post-development conditions, and that the post-development flow rate from a
given design storm does not exceed the pre-development flow rate at the outlet of the
subdivision boundary. A detention basin or other mitigation measures may be
required.
iv) Any proposed drainage easements.
v) That cross-lot drainage does not occur
vi) Offsite and onsite drainage basins and sub-basins before and after development.
vii) Contour lines before and after grading.
viii) Discharge figures before and after development at main discharge points.
25. Developer shall provide an emergency overflow swale for all drainage catch basins
located in the rear of any building. Further, Developer shall not cause the flows of said
swales to be restricted by either landscaping facilities or walls.
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Resolution No. 2005-
26. Developer shall submit and obtain approval by the City Engineer for an erosion and
sedimentation control plan as part of grading plans.
27. Developer shall show the location of cut/fill lines based on existing topography on
grading plans.
28. Developer shall provide a list of proposed lots indicating whether the structure will be
located on fill, cut, or a transition between the two situations prior to building permit
Issuance.
29. All drainage access points shall be designed to be accessible by all maintenance vehicles.
30. The developer shall submit a detailed geotechnical report signed by a registered
engineering geologist for the project concurrent with grading plan submittal. Said
geotechnical report shall show all subsurface exploration locations, faults locations near
the project, state minimum setbacks from fault lines and slopes, identify corrections for
potential slope failures, sub drain locations and where said drains will tie into a drainage
system. Said soils report shall also address the stability of the slope and wall adjacent to
the pool on the east side of the project.
31. Prior to the issuance of any grading permit which impacts off-site property, the
Developer shall deliver to the City, a notarized letter of permission to grade and drain for
all off-site grading.
32. All existing survey monuments shall be shown on the grading and improvement plans for
the project. Developer shall also provide a centerline survey monument at the
intersection of the entry road with Brandywine Ave.
SEWER / WATER
33. Developer shall present written verification to the City Engineer and from the Otay Water
District that the subdivision will be provided adequate water service and long term water
storage facilities, and that the subarea master plan has been prepared and approved.
Water availability is subject to all Otay Water District requirements in effect at the time.
34. Submit improvement plans for approval by the Otay Water District.
35. If project water service is private, a master meter and backflow preventer will be
required.
36. If service laterals do not exist, Developer will be required to pay the Otay Water District
to have them installed.
37. Each service must have an approved RIP Backflow Device purchased and installed by
Developer.
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Resolution No. 2005-
38. Prior to the purchase of any meters, irrigation plans must be 1) designed to reclaimed
standards/specifications, if required by the Otay Water District and City Engineer; and 2)
submitted to the Otay Water District and the County Department of Environmental
Health for plan check and approval.
39. Only that portion of the sewer between Manholes 1 and 14 and between Manholes 14 and
26 will be publicly maintained. All other sewers shall be private and shall be maintained
by the Home Owner Association.
40. Full access to the existing public sewer must be maintained at all times for maintenance
purposes, including during construction. New easements will be required and the sewer
access road shall be designed using a minimum Traffic Index of 5.0.
41. Developer shall submit a sewer analysis/study to verify that the existing infrastructure
can accommodate the proposed project. Any proposed 90-degree turn in a sewer main
shall be made with two 45-degree turns.
42. Developer shall remove the existing sewer system located at the south edge of the project
to the satisfaction ofthe City Engineer.
43. All internal streets shall be private and constructed as shown on the Tentative Map. The
Tentative Map shall be revised to show 24 foot wide private streets with the exception of
22 feet for Via Dorado (Street C) and the northerly segment of Vista Del Agua (Street A),
including a note requesting said waiver, to the satisfaction of the Director of Planning and
City Engineer.
44. Developer shall construct or enter into an agreement to construct and secure all private or
public 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. Developer shall obtain City Engineer's approval of
detailed improvement plans prepared by a registered civil engineer licensed in the State
of California detailing horizontal and vertical alignment of said streets. Said
improvements shall include, but not be limited to, asphalt concrete pavement, base,
concrete curb, gutter, sidewalk, pedestrian ramps, street signs, street name signs, striping,
sewer and water utilities, drainage facilities, street lights, guard rails and fire hydrants.
45. Developer shall Guarantee, prior to approval of the final map, the construction of public
street improvements deemed necessary to provide service to the subject subdivision in
accordance with City standards.
46. The Developer shall provide 80 feet of right-of-way along Brandywine Avenue and shall
construct all public street improvements and dedicate any right of way necessary along
Brandywine Avenue to the satisfaction of the City Engineer, including but not limited to:
sewer manholes, cross-gutters, sidewalks, streetlights, bike lanes, signing and striping.
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Resolution No. 2005-
47. Developer shall be responsible for installing street trees III accordance with Section
18.28.10 of the Municipal Code.
48. Developer shall obtain the City Engineer's approval for the design section of private
streets with a minimum structural section of 3" A.C. on 4" of aggregate base.
49. Developer shall demonstrate that adequate turning radiuses have been provided for fire
trucks and trash trucks prior to grading permit issuance.
EASEMENTS
50. Developer shall provide easements for all off-site public storm drains and sewer facilities
prior to approval of each final map requiring those facilities. The easements shall be sized
as required by the City of Chula Vista Standards, unless otherwise approved by the City
Engineer.
51. The developer shall notify the City at least 60 days prior to consideration of the first map
by City if any off-site right-of-way cannot be obtained as required by the Conditions of
approval. (Only off-site right-of-way or easements affected by Section 66462.5 of the
Subdivision Map Act are covered by this condition.) After said notification, the
developer shall:
a. Pay the full cost of acquiring off-site right-of-way and/or easements required by
the Conditions of Approval of the tentative map.
b. Deposit with the City the estimated cost of acquiring said right-of-way and/or
easements. Said estimate to be approved by the City Engineer.
c. Have all easements and/or right-of-way documents and plats prepared and
appraisals complete which are necessary to commence condemnation proceedings
as determined by the City Attorney.
d. Request that the City use its powers of Eminent Domain to acquire right-of-way,
easements or licenses needed for off-site improvements or work related to the
final map. The developers shall pay all costs, both direct and indirect incurred in
said acquisition including the cost of appraisals.
The requirements of a, b and c above shall be accomplished prior to the approval of the
final map.
52. Developer shall grant to the City a 15' drainage easement and improved all-weather
access with H-20 loading for all public storm drain systems or as otherwise approved by
the City Engineer.
53. Prior to the approval of each final map, the City Engineer may require either the removal
or the subordination of any easement, which may unreasonably interfere with the full and
complete exercise of any required public easement or right-of-way.
12
Resolution No. 2005-
54. The fifteen-foot (15') sewer easement at the southerly boundary shall be vacated where
the existing sewer is proposed to be removed.
55. Site visibility easements shall be provided at all corner lots and the project entrance and
shall be shown on all the plans. Sight distance obstructions greater than 3.5 feet
measured from street pavement grade shall not be permitted within the sight visibility
easements.
56. All open space lots shall be irrevocably offered to the City on the Final Map as required
by the City Engineer.
AGREEMENTS
57. Developer and his/her successors in interest 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, 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 State Map Act provided the City
promptly notifies the subdivider of any claim, action or proceeding and on the further
condition that the City fully cooperates in the defense.
58. Developer and his/her successors in interest agree to defend, indemnify, and hold the
City, its agents, officers, and employees harmless from any claims asserted for liability
for erosion, siltation, increase flow of drainage, or spillage of sewage resulting from this
Project, now and in the future.
59. Developer and his/her successors in interest 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 of Chula Vista.
60. Agree to hold the City harmless from any liability for erosion, siltation or increase flow
or drainage resulting from this project.
61. Developer shall 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.
62. Pay in full any unpaid balance for the General Plan, Rezone and Tentative Map Deposit
Account No. DQ-839.
13
Resolution No. 2005-
63. Developer agrees to annex to or participate in an existing Community Facilities District
for the Chula Vista Elementary School District, or pay developer fees as required by
State Law, to the satisfaction of the Chula Vista Elementary School District.
MISCELLANEOUS
64. Developer shall tie the boundary of the subdivision to the California System-Zone VI
(NAD '83).
65. Submit copies of the final map and improvement plan in a digital format such as (DXF)
graphic file prior to approval of the Final Map. Provide computer aided Design (CAD)
copy of the Final Map based on accurate coordinate geometry calculations and submit the
information in accordance with the City Guidelines for Digital Submittal in duplicate on
standard CD-Rom disk prior to the approval of the Final Map. Further, Developer shall
submit a digital site detailing building footprints in California Coordinates for the
purpose of issuing addresses for the project.
66. The Home Owner Association (HOA) will be responsible for maintenance of the storm
drain system and the wastewater collection systems, except for the continuation of the
existing public sewer main to Brandywine Avenue, which will be maintained by the City.
67. 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.
111. 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
14
Resolution No. 2005-
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.
V11. 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.
IX. The CC&R provisions setting forth restrictions in these Tentative map conditions
may not be revised at any time without prior written permission 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.
XL The HOA shall maintain all water quality facilities in conformance with the
NPDES Municipal Permit, Order No. 2001-01
X11. 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.
Xlll. The HOA shall maintain all landscaping installed in common areas as defined by
the CC&R's, including street trees located in the private landscape buffer along
Brandywine Ave, as required by the project's detailed landscape improvement
plans.
XIV. CC&R's shall include those provisions required by the conditions of approval of
DRC-05-22 dated 7/18/05.
68. Developer agrees to submit Homeowners Association budget for review and approval by
the City Engineer for the maintenance of private streets, water quality improvements,
storm 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.
15
Resolution No. 2005-
e. Storm 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.
f. Establishment of a capital fund that will adequately cover the expected costs
associated with repairing or replacing the Project/complex's electrical system,
plumbing system and roof.
69. 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.
70. Developer shall provide fire sprinkler systems as determined by the Fire Marshal.
Developer further agrees that in multi-family dwellings, if a sprinkler system is required
for one building, all buildings in the proj ect shall be sprinklered.
71. Submit a letter to City Fire Marshall showing compliance with CVFD policy 2916.00.
72. Developer shall install and make operable the fire hydrants, emergency vehicular 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.
73. 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.
74. 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.
75. All underground fire service installation is to be inspected by CVFD. Call 72 hours in
advance to schedule an appointment.
76. Provide contractors material and test certificate for underground pipe.
77. Developer shall enter into an agreement to provide a minimum of ten percent (10%) of
the total number of new dwelling units to be constructed as affordable to low and
moderate income households, consistent with the Cities' Housing Element Policy 3.1.2 -
Affordable Housing Program, to the satisfaction of the Director of the Community
Development and Planning and Building Departments. Such agreement shall include
appropriate text, maps, tables or figures to delineate how and when the required
affordable units will be provided.
16
Resolution No. 2005-
78. The Developer acknowledges that the City Council may, from time-to-time, modify air
quality improvement and energy conservation measures as technologies and/or programs
change or become available. The Developer shall modify the AQIP to incorporate those
new measures upon request of the City, which are in effect at the time, prior to or
concurrent with each map approval within the Project. The new measures shall apply to
development within all future map areas, but shall not be retroactive to those areas, which
receive final map approval prior to effect of the subject new measures. The Developer
acknowledges and agrees that the City has adopted the City of Chula Vista Air Quality
Improvement Plan Guidelines (AQIP Guidelines) as approved per Resolution No. 2003-
260 and that such guidelines as approved and as may be amended from time-to-time shall
be implemented.
79. The Developer acknowledges that the City Council may, from time-to-time, modify
water conservation measures as technologies and/or programs change or become
available. The Developer shall modify the WCP to incorporate those new measures upon
request of the City, which are in effect at the time, prior to or concurrent with each map
approval within the Project. The new measures shall apply to development within all
future map areas, but shall not be retroactive to those areas, which receive final map
approval prior to effect of the subject new measures. The Developer acknowledges and
agrees that the City has adopted the City of Chula Vista Water Conservation Plan
Guidelines (WCP Guidelines) as approved per Resolution No. 2003-234 and that such
guidelines as approved and as may be amended from time-to-time shall be implemented.
80. Remit to the City, Parkland Development Obligation and In-Lieu of Dedication fees for
104 Multi-family residential lots, pursuant to Chapter 17.10 of the Municipal Code, to
that satisfaction of the Landscape Architecture Division of the Department of General
Services.
B. The following Conditions of Approval shall be satisfied prior to issuance of the first building
permit for the Project, unless otherwise noted:
1. The Developer shall implement the final AQIP measures as approved by the City
Council, and as may be amended from time to time, and to comply and remain in
compliance with the Air Quality Improvement Plan (AQIP).
2. The Developer shall implement the final WCP measures as approved by the City Council,
and as may be amended from time to time, and to comply and remain in compliance with
the Water Conservation Plan (WCP).
3. Comply with the following requirements of the Fire Protection Plan dated June 27,2005,
Section 5.0 - "Recommended Fuel Modification Treatments and Fuel Treatment Location
Map", to the satisfaction of the Fire Marshall:
5.1.1 Fuel Modification Requirements for Irrigated Zone 1;
5.1.2 Permanently Irrigated Zone 2A Manufactured Slopes Common Areas;
17
Resolution No. 2005-
5.1.3 Emergency Irrigated Natural Slope Zone 2B with Selective Weed
Maintenance;
5.1.4 Emergency Irrigated Zone 2C (Natural slope);
5.1.5 Standard Fire Protection Features;
5.1.6 Enhanced Fire Protection Features;
5.1.7 Six-foot Tall Solid Non-Combustible Wall;
5.1.8 Emergency Only Activated Exterior Sprinkler System;
5.1.8 Homeowner Education;
5.1.9 Fire Protection Plan Review
4. Provide an illuminated directory at the entrance to the project, to be approved by the
Chula Vista Fire Department.
5. Provide Strobe/Opticom system, a Knox key override switch for all motorized gates with
Opticom, and click-to enter systems for emergency vehicle access.
6. Submit a letter from Firewise 2000 or other qualified consultant approved by the Fire
Marshall, indicating that they have reviewed construction plans, performed all necessary
inspections and that all measures contained in the approved Fire Protection Plan dated
June 27, 2005 have been met, or will be met prior to final inspection.
7. Developer shall obtain the approval of the City's Fire Marshall and Police Chief for any
proposed gated entry.
8. The gated entry must be fully accessible at all times to City Public Works Operations
maintenance staff; such access shall be as approved by the Director of Public Works
Operations and the City Engineer.
9. Obtain approval of street addresses to the satisfaction of the Director of Planning and
Building and City Engineer.
10. Design all dwelling units to preclude interior noise levels over 45dBA and exterior noise
exposure over 65 dBA for all outside private yard areas.
11. Pay all costs to abandon the existing unused utilities and to relocate existing utilities in
conflict with this Project. The Developer shall also reconnect the plumbing of these
existing customers to the relocated services. The Developer shall be responsible to
survey, describe and record any easements needed for private consumer lines associated
with utilities.
12. Submit a detailed wall/fencing plan indicating color, materials, height and location of
freestanding walls, firewalls, retaining walls, and patio and safety fencing to the Director
of Planning and Building for approval prior to issuance of the first grading permit. The
wall plan shall comply with requirements of the Notice of Decision of DRC-05-22, and
include details such as accurate dimensions, complete cross-sections showing required
walls, adjacent grading, drainage features, fire rating specifications, landscaping,
18
Resolution No. 2005-
road/trail/sidewalk improvements, and the location of typical residential structures.
Materials and color of all walls or fences facing public or private streets, private parks or
pedestrian connections shall be constructed of a decorative materials and shall be
compatible with architecture of the adjacent building. The Developer shall submit a
detail and/or cross-section of the maximum/minimum conditions for all "combination
walls," which include retaining, firewall and freestanding walls, as part of said wall plan.
All required fencing designated as safety fencing, such as for detention basins, shall be
shown on the detailed wall/fencing plan. In addition to satisfying all safety requirements,
the safety fencing shall be constructed of decorative materials and be architecturally
compatible.
13. Submit a phasing plan showing sequence of construction and occupancy of the project,
including installation of landscaping, recreation amenities, utilities, and fire protection
improvements.
14. Developer agrees to pay the all applicable fees in accordance with the City Code and
Council Policy including applicable TDIF and PFDIF.
15. Comply with all requirements of the Final Notice of Decision for Design Review Permit-
DRC-05-022 dated July 18, 2005.
16. If the approved Tentative Map conditions of approval conflicts with Design Review
Permit conditions of approval, the Tentative Map requirements shall take precedence,
with exception of design matters subject to the City's Design Manual.
X. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The property owner and the Developer shall execute this document by signing the lines
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 within ten 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 permits and/or a business license, be held in abeyance without approval. Said
document will also be on file in the City Clerk's Office and known as Document No.
Signature of Developer or Property Owner
Signature of Developer
XI. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so implemented
and maintained according to their terms, the City shall have the right to revoke or modify all
19
Resolution No. 2005-
approvals herein granted, deny, or further condition issuance of all future building permits,
deny, revoke, or further condition all certificates of occupancy issued under the authority of
approvals herein granted, institute and prosecute litigation to compel their compliance with
said conditions or seek damages for their violation. The 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.
XII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon
the enforceability of each and every term, provision and condition herein stated; and that in
the event that anyone or more terms, provision, or conditions are determined by a Court of
competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed
to be automatically revoked and of no further force and effect ab initio.
XIII. ONE GENERAL PLAN AMENDMENT
It is the intention of the City Council that its adoption of this resolution amending the Chula
Vista General Plan is one General Plan Amendment for the purposes of State Law limitations
on the number of allowable General Plan Amendments in one year.
Presented by:
Approved as to form by:
Jim Sandoval
Director of Planning & Building
Ann Moore
City Attorney
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LEGEND
CJ Project Location
AND BUILDING DEPARTMENT
CHULA VISTA PLANNING
LOCATOR PROJECT EI Dorado Subdivision
C) APPLICANT:
PROJECT Brandywine Avenue
ADDRESS:
SCALE: FILE NUMBER:
NORTH No Scale GPA-05-01
PROJECT DESCRIPTION:
GENERAL PLAN AMENDMENT
Request Proposal for a General Plan Amendment to subdivide an 11.46 acre
site into 104 town home condominium units.
J:\planning\carlos\locators\gpa0501.cdr 12.29.04
Related cases: PCM-02-23, DRC-05-22, PC8-03-01, 18-02-045
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DRAFT ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE ZONING MAPS
ESTABLISHED BY SECTION 19.18.010 OF THE MUNICIPAL
CODE, REZONING AN 11.46 ACRE PARCEL LOCATED ON
THE EAST SIDE OF BRANDYWINE AVE ACROSS FROM
MENDOCINO DRIVE FROM THE R-1-10H (SINGLE FAMILY
RESIDENTIAL, HILLSIDE) ZONE TO THE R-2-P (ONE AND
TWO F AMIL Y RESIDENTIAL, PRECISE PLAN) ZONE, AND
ADOPTING PRECISE PLAN STANDARDS.
I. RECITALS
A. Project Site
WHEREAS, the area of land, which is the subject of this ordinance is diagrammatically
represented in Exhibit "A" and incorporated herein by this reference, and for the purpose of
general description herein consist of one acre located on Brandywine Avenue east of Mendocino
Avenue ("Project Site or Site"); and
B. Project; Application for Discretionary Approval
WHEREAS, on July 25, 2003, a Rezone application was filed by CVHI, LLC
("Developer") with the Planning and Building Department of the City of Chula Vista requesting
an amendment to the adopted zoning map or maps established by Section 19.18.010 of the Chula
Vista Municipal Code in order to rezone an 11.46-acre parcel from the R-1-10H (Single-
Family Residential, Hillside) Zone to the R-1-5 P zone, and subsequently amended on October
14, 2004 by Developer to request approval of the R-2-P (One and Two Family Residential,
Precise Plan) Zone, and adopting Precise Plan standards, for 104 condominium multi-family
dwelling units ("Project"); and
WHEREAS, on August 23, 2005, prior to consideration and approval of this project, the
development of the Project Site, Applicant received discretionary approval by the Chula Vista
City Council of General Plan Amendment GPA-05-01, adopting a resolution amending the
General Plan Land Use Designation from Residential Low-Medium (3-6 du/acre) to Residential
Medium (6-11 du/acre);
WHEREAS, on August 23, 2005, subsequent to consideration and approval of this
project, Applicant requests approval of a Tentative Subdivision Map to subdivide 11.46 acres
into 2 lots, a 7.7 acre, 104 multi-family unit condominium lot, and a 4.25 acre open space lot;
and
C. Prior Approvals
WHEREAS, the Design Review Committee held an advertised public hearing on July 18,
2005, at 4:30 p.m. in the City Council Chambers at 276 Fourth Avenue and, after hearing staff
presentation and public testimony, voted 3-0-1-1 to approve the Design Review Application
DRC-05-22 for the Project, subject to adoption of the General Plan Amendment and this related
zone change, and
Ordinance No.
Page 2
WHEREAS, on August 1, 2005, the Resource Conservation Commission determined that
Initial Study IS-02-45 for the Project was adequate, and recommended adoption of the Mitigated
Negative Declaration. Furthermore, on August 10, 2005, the Planning Commission also
recommended adoption of Mitigated Negative Declaration.
D. Planning Commission Record on Application
WHEREAS, the Planning Department set the time and place for a hearing on said
Project, and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the City, and its mailing to property owners within 500 ft. of
the exterior boundary of the Proj ect, at least ten (10) days prior to the hearing; and
WHEREAS, the Planning Commission held an advertised public hearing on the Project
on August 10,2005, at 6:00 p.m. in the City Council Chambers at 276 Fourth Avenue and, after
hearing staff presentation and public testimony, voted 0-0-0 to recommend that the City Council
approve the Mitigated Negative Declaration, and Rezone, in accordance with the findings listed
below; and
WHEREAS, the proceedings and all evidence introduced before the Planning
Commission at the public hearing on the Project held on August 10, 2005, and the minutes and
resolution resulting there from, are hereby incorporated into the record of these proceedings; and
E. City Council Record on Application
WHEREAS, the City Council held an advertised public hearing on the Project on August
23,2005, at 6:00 p.m. in the City Council Chambers at 276 Fourth Avenue; and
WHEREAS, the City Clerk set the time and place for the hearing on the Project
applications and notices of said hearings, together with its purposes given by its publication in a
newspaper of general circulation in the City, and its mailing to property owners within 500 ft. of
the exterior boundaries of the Project site at least ten (10) days prior to the hearing; and
WHEREAS, after hearing staffs presentation and public testimony, the City Council
voted 0-0-0 to adopt and approve the Mitigated Negative Declaration (IS-02-045) and Rezone in
accordance with the findings listed below; and
F. Discretionary Approval of Ordinance
WHEREAS, a duly called and noticed public hearing on the Rezone was held before the
City Council of the City of Chula Vista to receive the recommendations of the Planning
Commission, and to hear public testimony with regard to the same.
II. The City Council of the City Chula Vista does hereby ordain as follows:
A. Certification of Compliance with California Environmental Quality Act (CEQA)
WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project for
compliance with the California Environmental Quality Act (CEQA) and has conducted an Initial
Study, IS-02-45 in accordance with CEQA.
WHEREAS, based on the results of the Initial Study, the Environmental Review Coordinator
has determined that the project could result in significant effects on the environment. However,
Ordinance No.
Page 3
revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate
the effects to a point where clearly no significant effects would occur; therefore, the
Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-02-045.
B. Independent Judgment of the City Council
WHEREAS, 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 (IS-02-045), in the
form presented, has been prepared in accordance with requirements of the California
Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review
Procedures of the City of Chula Vista and hereby adopts the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program (IS-02-045).
C. Precise Plan Findings
1. That such use will not under the circumstances of the particular case be
detrimental to the health, safety or general welfare of persons residing or working
in the vicinity or injurious to property or improvements in the vicinity.
The City Council finds that the proposed precise plan standards contained
in attached Exhibit C will not have a negative impact on the surrounding
neighborhood because the proposed standards allow the applicant to design a
project that is more compatible with the surrounding development. The
surrounding area includes multi-family dwellings on the north and west, single-
family homes to the east, and industrial complex to the south. Such standards will
allow the flexibility in establishing new development standards for density,
building types, height, floor area and setback regulations that will permit
construction of attached town-home dwelling units with garages, private yards,
and common open space, which is appropriate for an area which transitions from
single-family to industrial zoned areas.
2. That such plan satisfies the following principles for application of the "P"
modifying district as set forth in CVMC 19.56.041:
(a) The City Council finds that the property is unique in terms of its physical
characteristics, configuration, circulation, social or historic characteristics
requiring special design; because the site includes steep slope lands of25% or
greater, and narrow endemic sensitive plant species which requires
preservation in an open space lot and clustering of development into the
southern and western portions of the site, in a manner that complies with the
City's General Plan, Zoning Ordinance and Multiple Species Conservation
Program.
(b) Council also finds that the site is adjacent and contiguous to areas zoned
Planned Community and Limited Industrial, and that the adoption of the
Precise Plan will allow the project to be designed with dwelling unit types and
development standards which will make a more appropriate transition
between adjacent multi family and single family development, and will also
be designed to include walls, fencing and landscape setbacks that will help
Ordinance No.
Page 4
buffer the units adjacent from the adjacent industrial uses, in a manner that the
development of the site will better coexist with adjacent uses which might
otherwise not be compatible.
(c) Council also finds that application of the "P" modifying district is appropriate
because the basic or underlying R-l-1 OH zone regulation does not allow the
flexibility needed to achieve a project design that permits clustering of
development in a way that protects the on-site biological resources and steep
slopes, and therefore a precise plan modifying district is needed to allow a
more compatible design.
3. That any exceptions granted which may deviate from the underlying
zoning requirements shall be warranted only when necessary to meet the purpose
and application of the Precise Plan. Development of the lot using the
development standards of the R-2 zone would limit the ability of the applicant to
propose a design which:
a) Meets the goal of providing a 3 story, multi-family townhome dwelling unit
type with private and common recreational facilities, where the R-2 zone permits
2 story duplex buildings with private recreational areas; and
b) Configures the placement of the open space and residential uses on the site in a
way that provides preservation of steep slope and biological open space areas.
These requested deviations under the Precise Plan are warranted in order to
achieve the purpose of the Precise Plan Modifying District.
4. The approval of this plan will conform to the General Plan and the
adopted policies of the City Of Chula Vista.
The project has been designed and evaluated in accordance with the goals
and objectives of the General Plan, including the Residential-Medium (6-11
du/acre) and Clustering provisions of the Land Use Element. The Precise Plan, as
described, will allow the project to be consistent with the goals and objectives of
the General Plan, and the Chula Vista Municipal Code.
D. The rezoning provided for herein is consistent with the City of Chula Vista
General Plan, public necessity, convenience and the general welfare and good zoning practice
support the amendment to the Municipal Code.
E. The City Of Chula Vista Zoning Map established by Section 19.18.010 of the
Chula Vista Municipal Code is hereby amended to rezone the site as depicted in Exhibit "B"
from R-1-10H (Single - Family Residential, Hillside) to R-2-P (One and Two Family
Residential, Precise Plan).
F. The Precise Plan Standards as depicted in Exhibit "B" are hereby adopted and are
supported by the required findings (CVMC Section 19.56.041, as outlined in section II (C)
above.
III. EFFECTIVE DATE. This ordinance shall take effect and be in full force on the thirtieth
day from and after its adoption.
Ordinance No.
Page 5
Presented by
James D. Sandoval
Planning and Building Director
Approved as to form by
Ann Moore
City Attorney
Ordinance No.
Page 6
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 23st day of August, 2005, by the following vote:
AYES:
Councilmembers:
Davis, McCann, Rindone, Castaneda and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
Stephen C. Padilla, Mayor
ATTEST:
Susan Bigelow, MMC, City Clerk
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO)
CITY OF CHULA VISTA)
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. _ had its first reading at a regular meeting held on the 23rd day of August, 2005
and its second reading and adoption at a regular meeting of said City Council held on the _ st
day of September, 2005.
Executed this _ st day of September, 2005.
Susan Bigelow, MMC, City Clerk
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CHULA VISTA PLANNING
LC)OCATOR :::: ::'~d::~A::"::iViSion
ADDRESS:
SCAlE: FILE NUMBER:
NORTH No Scale PCZ-03-01
AND BUILDING DEPARTMENT
PROJECT DESCRIPTION:
ZONE CHANGE
Request Proposal fer a General Plan Amendment to subdivide an 11.46 ac:'8
site into 104 Icwnhome condominium units.
Related cases: GPA-05-01, DRC-05-22, PCS.,")3-Q1 , 15-02-045
J:\planmng\C3rlos\IOC3tors\pc=0301.cdr 08.08.05
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Ordinance #
Exhibit B (PCZ-03-01)
Precise Plan Standards - Modified R-2 Standards
Maximum Density 9.1 dwelling units per acre
Maximum Floor Area Per Unit: Plan A (2-3 bedroom): 1,900 sq. ft.
Plan B (3 bedroom): 2,300 sq. ft.
Plan C (4 bedroom): 2,400 sq. ft.
Minimum Building Setbacks: Front: 4 feet (to edge of private street)
Side: 12 feet (building to building)
Side: 8 feet (to wall or property line)
Rear: 15 feet (to wall or property line)
Building Height: 35 feet /3 stories
(Measured to mean height level
between eave and ridge - per CVMC
19.04.038)
Building Type: Dwellings, Townhouses
Parking Standards: Residential:
2.0 garage spaces per unit
Handicapped:
Per Ca. Building Code Title 24
- -
Guest:
1.0 space per 3 units
Compact:
1 space Residential per 10 guest
parking spaces
^,1TA-l~1'~FI\Jr 5
"''\\TIc....C(ri~ 1J. D.
Mitigated Negative Declaration
DRAFT
PROJECT NAME:
EI Dorado Ridge
PROJECT LOCA nON:
Eastern side of Brandywine Avenue across from Mendocino
Drive, north of Main Street and south of Sequoia Street
ASSESSOR'S PARCEL NO.:
644-010-27
PROJECT APPLICANT:
The Phair Company and Development Contractor, Inc.
CASE NO.:
IS-02-045
DA TE OF DRAFT DOCUMENT:
July 8, 2005
DATE OF RESOURCE CONSERV A nON COMMISSION MEETING:
August 1, 2005
DA TE OF FINAL DOCUMENT:
PREPARED BY:
Josie S. Gabriel, Associate Plallller
A. Proiect Setting
The project site is approximately 11.46 acres and is located along the eastern side of Brandywine
A venue across from Mendocino Drive, north of Main Street and south of Sequoia Street. The site is
located in an urbanized area in the central eastern portion of the City of Chula Vista (See Exhibit A -
Location Map). The site is a steeply graded area that slopes upward northeast from Brandywine
A venue. The project site is currently vacant and has not been previously disturbed.
Land uses surrounding the project site consist ofthe following:
North:
South:
East:
West:
Single Family Residential Development
Light Industrial
Multi-Family Residential Development
Single Family Residential Development
B. Proiect Description
The proposed project includes the construction of 104 residential townhouse units on approximately
7.17 acres of an 11.46-acre site (See Exhibit B - Site Plan). The remaining 4.29 acres will be
preserved as a natural open space lot. The applicant proposes to construct eighteen 2-story
townhouses over a 2-vehicle garage. In addition, the project proposes to develop four recreation
areas, a tot lot, and five mini gazebo parks within the project site. Access to the project site will be
from Brandywine Avenue. A 6-foot high retaining wall is proposed along the northern portion of the
development area in order to separate the northern portion of the site from the natural open space lot.
A General Plan Amendment (GP A) and Rezone are proposed to modify the current General Plan land
use designation from RLM (Residential Low-Medium) to RM (Residential Medium) and change the
zoning designation from R-I-10(H) Single Family Residential 10,000 minimum lot size, Hillside to
R-2(P) One- and Two-Family Residential, Precise Plan. The project will also require Design Review
approval and approval of a Tentative Map. At this time, the City is in the process of a General Plan
Update (GPU). As part of the GPU, the proposed General Plan contemplates changing the existing
1
land use designation of the El Dorado Ridge project site from RLM (Residential Low-Medium) to
RM (Residential Medium) in order to increase the density for development and maintain consistency
with the surrounding residential development to the north, east, and west of the project site. In the
event the GPU is adopted by the City Council prior to, or concurrent with the review and approval of
this project, implementation of a GP A will no longer be required. In order to identify potential land
use impacts associated with development under the adopted General Plan or the proposed GPU, two
separate analyses are included in Section IX - Land Use and Planning of the Initial Study Checklist to
analyze the project with and without the GP A.
C. Compliance with Zoning and Plans
General Plan
The proposed project includes a General Plan Amendment (GP A) to modify the current General Plan
land use designation from RLM (Residential Low-Medium) to RM (Residential Medium). At this
time, the City is currently in the process of a General Plan Update (GPU). As part of the GPU, the
proposed General Plan contemplates changing the existing land use designation of the EI Dorado
Ridge project site from RLM (Residential Low-Medium) to RM (Residential Medium) in order to
increase the density for development and to maintain consistency with the adjacent residential
development. In the event the GPU as currently proposed is adopted by the City Council prior to the
approval of this project, approval of a GP A will no longer be required. In order to identify potential
land use impacts associated with the proposed development with GP A and without the GP A, two
separate analyses have been provided below.
Zoning
The project site is within the R-1-10H (Single Family Residential 10,000 minimum lot size, Hillside)
Zone. The proposal includes the rezoning of the site from R-1-10(H) to R-2(P) One- and Two-Family
Residential, Precise Plan, allowing for the development of single-family dwellings, duplexes, attached
single-family units, dwelling groups, accessory uses/buildings typically appurtenant to residential
uses, and agricultural uses. The intent of the R-2 zoning designation is to designate areas for the
lowest density multi-family dwelling units, such as duplexes, which retain the fundamental
characteristics of a single-family unit, such as a private backyard.
The purpose of assigning the Precise Plan modifying district (P) is to allow diversity of land uses,
density, buildings, structures, landscaping and open spaces, as well as design review of architecture
and signs through the adoption of specific conditions of approval for development of property in the
city. Within the boundaries of the P district, the location, height, size and setbacks of buildings or
structures, open spaces, signs and densities indicated on the precise plan shall take precedence over
the otherwise applicable regulations of the underlying zone.
Pursuant to Section 19.56.040 of the Chula Vista Municipal Code (CVMe), a "P" designation may be
applied when one or more circumstances identified under the code have been met. Due to the
physical characteristics of the project site and the surrounding residential uses, the proposed project
qualifies for a P-Modifying District under the following circumstances:
. Property is unique in terms of its physical characteristics, configuration, circulation, social or
historic characteristics requiring special design;
. Property is adjacent and contiguous to a zone allowing different uses, and the precise plan
would allow a more compatible design; and
. The underlying zoning does not allow adequate control or flexibility to design a project
which is compatible with the uses in adjacent zones.
2
----~._~
3
Multiple Species Conservation Program (MSCP) Subarea Plan
The Multiple Species Conservation Program (MSCP) Subarea Plan was prepared by the City of Chula
Vista in coordination with the Federal and State Regulatory agencies in order to implement the MSCP
Subregional Plan within the City of Chula Vista. The City Council adopted the MSCP Subarea Plan
on May 13,2003. Subsequently, the Wildlife Agencies issued the City a Take Permit and signed the
Implementing Agreement granting the City Take Authorization on January 11,2005. The project site
is located within in the City of Chula Vista MSCP Subarea Plan boundary in an area designated as a
"Development Area." Therefore, the project is subject to the requirements of the Habitat Loss
Incidental Take (HUT) Ordinance.
D. Public Comments
On February 22, 2005, a Notice of Initial Study was circulated to property owners within a 500-foot
radius of the project site. The public comment period ended on March 3, 2005. Staffreceived two
verbal comments regarding existing views and hazardous waste. These issues have been addressed in
the attached Initial Study Checklist.
E. Identification of Environmental Effects
An Initial Study conducted by the City of Chula Vista (including an attached Environmental
Checklist form) determined that the proposed project would not have a significant environmental
effect, and the preparation of an Environmental Impact Report will not be required. This Mitigated
Negative Declaration has been prepared in accordance with Section 15070 of the State California
Environmental Quality Act (CEQA) Guidelines.
Air Ouality
The project site is located within the San Diego Air Basin (SDAB). The proposed project will result
in an increase in air pollutants during both the construction and operational phases of the project. In
order to reduce air pollutants associated with the operational phases of the developmenf, "the applicant
will be required to prepare and implement an Air Quality Improvement Plan (AQIP) pursuant to
City's Growth Management Ordinance and Growth Management Program. The purpose of the AQIP
is to provide for air quality improvements and energy conservation through improved project design
and construction of structures that exceed mandated energy code requirements. By implementing the
AQIP, the project will include design features that will reduce the increase of air pollutants associated
with on-going operational phases of development. Therefore, no mitigation will be required during
the operational phases of the project.
During the construction phase of development, fugitive dust would be created during grading and
construction activities. Although air quality impacts resulting from construction-related operations
are potentially significant, they are considered short-term in duration since construction-related
activities are a relatively short-term activity. In order to mitigate impacts associated with short-term
construction related operations, dust control measures will be indicated as grading notes on the
grading plans and implemented during grading operations in accordance with the rules and
regulations of the County of San Diego Air Pollution Control District (APCD) and the California Air
Resources Board. The mitigation measures contained in Section F below would mitigate short-term
construction-related air quality impacts to below a level of significance.
Biological Resources
RECON prepared a Biological Technical Report (dated February 2003) which analyzed potential
impacts associated with the development of 47 single family dwelling units on the entire 11.46-acre
4
project site. As a result of the biological impacts identified in the RECON report, the proposed
project was redesigned in order to reduce impacts to sensitive species found on site. The' applicant
now proposes to develop 104 townhouse units on approximately 7.17 acres and preserve
approximately 4 acres as an open space area. In order to identify potential biological resource .
impacts associated with the redesigned proposed project, an updated biological report was prepared
by Vincent Scheidt (Impact Analysis and Mitigation Requirements, dated May 2005). As indicated in
the updated biological report, the project site currently supports approximately 5.4 acres of Maritime
succulent scrub (MSS), 5.9 acres of ruderal vegetation, a natural drainage of approximately 0.19 acre,
and the remaining portion of the site along the southern edge of the property is developed land (see
Exhibit C - Biological Resources Map). In addition, the site contains Otay tarplant and Snake cholla,
both Narrow Endemic species covered by the City's MSCP Subarea Plan.
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 (HUT) Ordinance. In accordance with the
HUT 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
following is a summary of the findings contained in the updated biological report as required by the
HUT Ordinance.
Sensitive Plant Species
The proposed project currently supports approximately 5.4 acres of Maritime succulent scrub (MSS).
Maritime succulent scrub is a low-growing, open vegetation community dominated by common plant
species such as encelia (Encelia), California sagebrush (Artemisia californica), and jojoba
(Simmondsia chinensis). The MSS is considered a sensitive vegetation community under the Chula
Vista MSCP Subarea Plan and is designated as a Tier 1 or rare upland community. The updated
biological analysis concluded that the proposed project would directly impact 1.1 acres of MSS
contained on the project site. The remaining 4.3 acres of MSS will be preserved within the proposed
open space area; however, indirect impacts to the remaining MSS will result from edge effects such
as, noise, lighting, runoff, domestic pets, landscaping, and potential dumping. Both direct and
indirect impacts to the MSS vegetation are considered significant and will require mitigation as
identified in Section F below to be implemented.
The biological report identified two sensitive plant species on the project site, the Coast barrel cactus
(Ferocactus viridescens) and the San Diego County Viguiera (Viguiera laciniata). The Coast barrel
cactus is a low-growing, small barrel cactus species that grows in association with coastal sage scrub,
chaparral, and grasslands within the City of Chula Vista. This species is a Covered Species under the
Chula Vista MSCP Subarea Plan. Approximately 31 barrel cacti were seen on the south-facing slope
of the project site entirely within the proposed open space area. Development of the proposed project
will not result in impacts to this plant species; therefore, no mitigation is required for this species.
Several dozen of the San Diego County Viguiera was also identified on the project site. This species
is listed on List 2 of the California Native Plan Society's Inventory of Rare and Endangered Plants of
California (CNPS 2001), which is considered endangered in California but more common elsewhere.
Under the City of Chula Vista MSCP Subarea Plan, this plant species is not designated as a covered
species. The San Diego County viguiera was observed in the MSS along the south-facing slope of the
project site within the proposed open space area. The proposed development will not impact this
plant species; therefore no mitigation is required.
The updated biological report also identified two Narrow Endemic Species on the project site. The
Otay tarplant (Hemizonia conjugens) and the Snake cholla (Opuntia californica = 0 serpentina).
5
Narrow endemic species are sensItive plant species limited to habitat conditions specific to
southwestern San Diego County. Under the City's MSCP Subarea Plan, impacts to Narrow Endemic
Species will be avoided to the maximum extent practicable. Where impacts are unavoidable, impacts
must be limited to 20 percent of the total Narrow Endemic Species population within the Project
Area. When Narrow Endemic Species are identified, Findings of Equivalency, as defined in Section
5.2.3.6 of the Subarea Plan, must be prepared in order to demonstrate the project design has met the
requirements of the Subarea Plan prior to issuance of Take Authorization of covered Narrow Endemic
Species.
A Spring rare plant survey for the Otay tarp1ant and Snake Cholla was conducted in April and May of
2003 by the project biologists, Vincent Scheidt and Shannon Allen. The survey results concluded that
the site contains 0.22 acre of Snake cholla and 1.98 acres of Otay tarplant, for a total of 2.2 acres of
Narrow Endemic Species existing on site. The report determined that 0.04 acre of the Snake Cholla
population and 0.34 acre of the Otay tarplant population would be directly impacted by the proposed
development. In total, the project would impact 0.38 acre (17 percent) of the Narrow Endemic
Species population within the project area which is under the 20 percent allowed under the City's
MSCP Subarea Plan. By redesigning the proposed project and clustering development of the
townhomes, impacts to Otay tarplant and Snake Cholla have been significantly reduced.
Based on the Findings of Equivalency included in the updated biological report, the applicant
demonstrated compliance with the Subarea Plan by modifying the project design in order to minimize
impacts to the Otay tarplant and Snake Cholla. In addition, the project design preserves
approximately 83 percent of the Narrow Endemic Species within the open space area, which will
remain undeveloped. Although this project design has demonstrated to be the most environmentally
sensitive design, impacts to the 0.38 acre of Narrow Endemic Species is considered significant. The
mitigation proposed in Section F of this Mitigated Negative Declaration must be implemented in
order for impacts to be reduced to below a level of significance.
Sensitive Wildlife Species
Common wildlife species of MSS were identified on the project site including Altna's- hummingbird
(Calypte anna), house finch (Carpodacus mexicanus frontalis), brush rabbit (Sylvilagus bachmani),
and Virginia opposum (Dedelphis virginiana). At the time RECON conducted their surveys of the
project site, RECON noted the potential occurrence of the Quino checkerspot butterfly (Euphydryas
editha quino) on the project site based on 2002 protocol survey information provided by the United
States Fish and Wildlife Services (USFWS). The Quino checkerspot butterfly is a federally listed
endangered species covered under the City's MSCP Subarea Plan. AQuino Checkerspot Butterfly
Flight Season Survey was conducted in February and March of 2003 pursuant to United States Fish
and Wildlife Services (USFWS) protocol by the project biologists, Vincent Scheidt and Shannon
Allen. The surveys determined that no Quino checkerspot butterflies were present on the site;
therefore, development of the site would not result in impacts to this species.
RECON observed the presence of the Coastal California gnatcatcher (Polioptila calif arnica
califarnica). The Coastal California gnatcatcher is listed as a federally threatened species, a
California Department of Fish and Game (CDFG) species of special concern, and is a Covered
Species under the City's MSCP Subarea Plan. A protocol survey for this species was conducted in
March and April 2005. The survey identified a single pair with three fledglings (a total of five
specimens), nesting, fledging, and foraging throughout the MSS habitat. The location of the nest is
noted on Exhibit C. The updated biological report concluded that site development would result in
measurable impacts to the gnatcatcher as a result of habitat removal. In addition, the proposed project
would indirectly impact the gnatcatcher as a result of edge effects to the species. Impacts to the
gnatcatcher are considered significant and require the implementation of mitigation measures
6
identified below in Section F. By implementing the proposed mitigation, impacts to this species will
be reduced to a level below significance.
Wetland Resources
An ephemeral drainage feature currently bisects the MSS on the project site. The updated biological
report confirms that this feature qualifies as a "waters of the United States" and "waters of the state"
as defined by the California Regional Water Quality Control Board (RWQCB), CDFG, and the
United States Army Corps of Engineers (USACOE). A Wetland Delineation was conducted on April
25, 2005 by the project biologist Vincent Scheidt, pursuant to the USACOE Wetlands Delineation
Manual (Environmental Laboratory 1987). This feature is mostly unvegetated although patches of
willows (Salix), mule fat (Baccharis glutinosa), and other wetland species are found along the length
of the drainage in a broken distribution. The wetland delineation concluded that 0.17 acre classified
as State wetlands and 0.02 acre as Federal wetlands. This includes both the vegetated and
unvegetated wetland portions of the drainage. Impacts to this wetland feature are also regulated by
the MSCP Subarea Plan under the Wetland Protection Program (WPP). In accordance with the WPP,
development projects which contain wetlands are required to demonstrate that impacts to wetlands
have been avoided to the greatest extent practicable. For unavoidable impacts to wetlands, the
wetlands mitigation ratios identified in Table 5-6 of the MSCP Subarea Plan must be applied. The
proposed project will result in impacts to 0.19 acre of the ephemeral drainage. Impacts to this
wetland resource are considered significant and require mitigation to reduce impacts to below a level
of significance. In addition, these impacts will require Federal and State regulated permitting. Please
refer to Section F below for proposed wetland mitigation measures. Implementation of the mitigation
measures identified below will reduce impacts to below a level of significance.
Impacts Associated with Brush Management Activities
The project proposes to implement a Fire Protection Plan (FPP) intended to protect structures from
fire hazards while avoiding and/or minimizing impacts to sensitive biological resources identified on
site. Due to the sensitivity of the MSS, Otay tarplant, and Snake Cholla identified within the open
space area, brush management activities were required to be minimized. In compliance with the
City's MSCP Subarea Plan, for those areas which contain MSS, selective weeding may be conducted
by hand provided a City approved biologist is present during any fuel treatment activities. In
compliance with the City's MSCP Subarea Plan, for areas supporting Otay Tarplant and Snake
Cholla, brush management activities are prohibited unless the Chula Vista Fire Marshal deems it
necessary under emergency circumstances to ensure public safety from potential fire hazards. In that
event, brush management will be allowed and a qualified biologist must be present during clearing to
prevent significant impacts to these two Narrow Endemic species. Irrigated manufactured slopes are
included at portions between the open space area and the development. The Chula Vista Fire Marshal
has approved the FPP and determined that the plan adequately protects and ensures public safety.
Impacts associated with the brush management activities were quantified as part of the biological
impact analysis. These impacts are considered significant and will be mitigated as indicated in
Section F of this Mitigated Negative Declaration.
Geology and Soils
A Preliminary Geotechnical Investigation was conducted by Christian Wheeler Engineering (dated
January 25, 2002) for the proposed project site. At the time the investigation was conducted, the
applicant proposed the development of 47 single-family residential units on approximately 11.46
acres. The applicant has since modified the project design and had Construction Testing &
Engineering, Inc. (CTE) prepare an updated geological report (dated August 11,2004). The updated
geological report concluded that the site is suitable for the proposed residential development. The
geological report further noted that project compliance with applicable Uniform Building Code
7
standards would adequately address any building safety concerns. In addition, the geological report
identified a trace of the La Nacion Fault traversing through the western portion of the project site. No
evidence of active faulting (Holocene movement) was observed during the subsurface investigation;
however, in order to reduce impacts associated with potential active faulting and ensure stability
beneath all structures, the mitigation proposed under Section F of this Mitigation Negative
Declaration must be incorporated in the project design.
Construction activities could result in potential siltation downstream. The applicant has prepared a
Storm Water Management Plan (SWMP) has been prepared and will be implemented in compliance
with the provisions of the California Regional Water Quality Control Board, San Diego Region Order
No. 2001-01. The implementation of water quality best management practices (BMPs) identified in
the SWMP during construction will be required in accordance with NPDES Order No. 2001-01. All
portions of the development area disturbed during construction would either be developed or
appropriately landscaped in compliance with the Chula Vista Municipal Code, Sections 19.36.090
and 19.36.110. The applicant will be implement all measures identified in the SWMP to the
satisfaction of the City's Engineering Department and compliance with these measures will be
monitored by the City. Therefore, the potential for the discharge of silt into the drainage system
would be less than significant. .
The project geotechnical report dated January 25, 2002 provides detailed measures to be implemented
prior to and during construction including site preparation, observation of grading, processing of fill
areas, and compaction and method of filling. By incorporating the recommendations of the
geotechnical report into the final project plans, impacts to geology/soils would be reduced to level
below significance. No additional mitigation measures are required.
Hydrology and Water Ouality
A drainage study was prepared by CDS Civil Engineers (dated December 13,2004) which describes
the pre- and post-development drainage conditions. As discussed in the drainage study, the site has
three drain areas with the primary drainage course flowing to Brandywine Avenue. The remaining
drainages currently direct runoff to the neighboring properties to the northeast and th-e- south of the
project site. An existing 42-inch public drainage system is located beneath Brandywine Avenue. The
proposed project will require the installation of storm drain facilities, as well as a detention basin. By
installing the detention basin and the necessary storm drainages identified on the proposed site plan,
the development of the proposed project will not increase the flow beyond existing conditions or
necessitate an increase in capacity of the existing storm water system. These properly designed
drainage facilities will be installed at the time of site development to the satisfaction of the City
Engineer. No significant impacts to the City's storm drainage system are anticipated to result from
the proposed development.
Due to the size and existing condition of the project site, the BMPs identified in the SWMP will be
incorporated into the design of the project to reduce impacts to water quality. Such measures shall be
designed to minimize discharge of pollutants into the storm drainage system. Preliminary BMPs
include storm drain inlet protection system, source control, protection of stockpiles, protection of
slopes, protection of all disturbed areas, protection of access, and perimeter containment measures
including landscaped treatments throughout the project site. Construction and post-construction
water quality BMPs will be incorporated into the final grading plans. In addition, a Water Quality
Technical Report and Storm Water Pollution Prevention Plan (SWPPP) will be required at the time
the grading plan is submitted for review and approval by the City. Based upon the proposed
conceptual BMPs, conditions of the SWMP that include compliance with the NPDES Permit
requirements, and implementation of standard engineering requirements, water quality impacts would
be reduced to below a level of significance.
8
Land Use and Planning
General Plan
Proposed Project with General Plan Amendment (GP A)
The project site is currently designated as Residential Low-Medium (RLM) under the adopted
General Plan. This designation allows for the development of single-family detached dwelling units
on medium size lots as typically found in areas west of Interstate 805 in the City of Chula Vista.
Under the proposed GP A, the General Plan designation would be changed to Residential Medium
(RM). This designation allows for small single-family, detached units on smaller lots, or attached
units, such as duplexes or townhouses. The density for this designation is limited to 6 to 11 dwelling
units per gross acre. By implementing the proposed GP A, the project proposes to develop 104
townhouse units at 9.1 dwelling units per acre which is consistent with the RM designation. In
addition, by modifying the project design from single-family to attached multifamily units, the project
will be consistent with the existing land uses to the north, west, and east of the property.
In compliance with the existing General Plan, the project design proposes clustering of development
in order to preserve the natural physical features of the site and to protect sensitive biological
resources identified on the project site. Under Section 6.3 of the existing General Plan, Clustering of
Residential Development can be applied as follows:
. Clustering is permitted if it accomplishes preservation of the natural landform, aggregation of
open space, and enhancement of land use compatibility, i.e. it results in a project which blends
with the character of the surrounding neighborhood. In addition, the number of units permitted
within the project shall not increase through clustering.
. The resulting clustered project must be consistent with requirements of the General Plan
designation, including density and unit type.
The project proposes the clustering of residential townhouse units on 7.17 acres of an 11.46-acre site.
Approximately 4 acres of open space area will remain. The applicant proposes to develop
townhouses at a density of 9.1 dwelling units per acre, which is consistent with the clustering
provisions of the General Plan and the density and character of the RM designation. By clustering the
development, the project design reduces impacts sensitive biological resources found on the project
site and preserves some of the site natural topography. With the proposed GP A, the project will not
result in significant land use and planning impacts, and, therefore, no mitigation is required.
Proposed Project Without GPA
In the event the General Plan Update (GPU) as proposed were to be adopted prior to the approval of
this proposed project, a GP A would no longer be required. As part of the GPU, the proposed General
Plan changes the existing land use designation of the El Dorado Ridge project site from RLM
(Residential Low-Medium) to RM (Residential Medium). The GPU also includes provisions for
clustering development as adopted in the existing General Plan. If the proposed GPU were to be
adopted, the project would be consistent with the allowed land use and the clustering of development.
In addition, the proposed project would be consistent with the density permitted under this GPU RM
designation which is 6 to 11 dwelling units per acre. If the GPU is adopted prior to consideration of
the project, the project will be consistent with the General Plan Update and there are no impacts to
land use and planning; therefore, no mitigation is required
9
Zoning
The proposal includes a change in the existing rezoning designation from R-l-l OCR) to R-2(P) One-
and Two-Family Residential, Precise Plan. In the event the City's proposed GPU is adopted prior to
the approval of this proposed project, a rezone would still be required.
Under the proposed R-2(P) designation, development may include single-family dwelling, duplexes,
attached single-family units, dwelling groups, accessory uses/buildings to be utilized by the residents,
and agricultural uses. The intent of R-2 zoning designation is to designate areas for the lowest
density multi-family dwel1ing units, such as duplexes, which retain the fundamental characteristics of
a single-family unit, such as a private backyard. In addition, R-2 zoning allows for an increase in the
development density consistent with the General Plan designation. The purpose of assigning the
Precise Plan modifying district (P) is to allow diversity of land uses, density, buildings, structures,
landscaping and open spaces through the adoption of specific conditions of approval for development
of property in the city. Within the boundaries of the P district, specifications indicated in the precise
plan shall take precedence over the otherwise applicable regulations of the underlying zone.
The R-2(P) designation required the applicant to establish a specific use for the site, density, building
design, specify building height requirements, and provide building setbacks more appropriate for a
townhome project. In addition, the applicant identified other requirements pursuant to Section
19.56.042 of the CYMC. By changing the current zoning designation to R-2(P), the applicant has
made the proposed project consistent with the proposed General Plan designation of Residential
Medium (RM).
Noise
Eilar Associates prepared an Acoustical Analysis Report for the proposed project (dated February 28,
2005). Currently, the surrounding land uses consist of residential development to the east, west, and
north and light industrial to the south. Eilar Associates did not note any excessive noise being
generated by these existing land uses. The report concluded vehicle traffic along Brandywine Avenue
as the most significant source of noise generated adjacent to the project site. ~e following is a
summary the findings found in the acoustical analysis.
Temporary Construction Noise
Construction activities have the potential to cause short-term noise impacts to noise-sensitive uses
adjacent to the project site (i.e., single family residences). Noise produced by construction equipment
varies substantially depending upon the type of equipment being used and its operation and
maintenance. Noise impacts associated with construction activities typically occurs in several distinct
phases, each with its own noise characteristics, including demolition, site preparation, and
construction.
Pursuant to Section l7.24.050(J) of the Chula Vista Municipal Code, construction work in residential
zones that generates noise disturbing to persons residing or working in the vicinity is not permitted
between 10:00 p.m. and 7:00 a.m. Monday through Friday and between 10:00 p.m. and 8:00 a.m.
Saturday and Sunday, except when necessary for emergency repairs required for the health and safety
of any member of the community. Due to the presence of residential development adjacent and
surrounding areas of the project site, this provision of the Municipal Code applies to the project,
which would ensure that residents would not be disturbed by construction noise during the most noise
sensitive periods of the day.
10
Existing Noise Levels On-Site
In order to determine the existing noise levels adjacent to the project site, a Larson Davis System 820
Integrating Sound Level Meter was used to measure the noise levels on July 9, 2002 approximately
30-feet from the western property line, facing Brandywine Avenue. The noise measurement was
taken from this location on-site because it was considered to be the most noise-sensitive location.
The current on-site noise level measured at 60.6 decibels adjusted for average conditions and at an
equivalent noise level [dBA (Leq)].
Future Noise Levels
Future roadway noise calculations were generated in order to calculate the future daytime average
hourly noise level at various locations on the project site. Future noise levels were calculated to range
from approximately 64 CNEL at the western property line (along Brandywine Avenue) to
approximately 48 CNEL at the eastern property line. The noise report concluded that the overall
anticipated noise levels would not exceed the City's standard limits (65 CNEL) for exterior noise. In
addition, Eilar Associates further concluded that no sound attenuation barrier mitigation would be
necessary to meet the City's 65 CNEL outdoor land-use noise requirement.
Due to increase in future noise levels, structures located at the western property line fronting
Brandywine Avenue will be exposed to interior noise levels which may exceed the City of Chula
Vista and State of California 45 CNEL limit for interior habitable residential space. At the time Eilar
Associated conducted their analysis, they could not analyze exterior-to-interior sound attenuations
because detailed building plans were not available. The potential exposure to excessive interior noise
associated with increased traffic noise levels is considered a significant impact; however the proposed
mitigation identified under Section F of this Mitigated Negative Declaration will reduce the impacts
to a level below significance.
Transporta tiom raffic
A Traffic Study was prepared by Federhart & Associates (dated February 4, 2005)in order to identify
potential traffic impacts associated with the development of the proposed project. The proposed
development is projected to generate 832 average daily trips (ADTs), with 13 inbound/53 outbound
during AM peak hour and 58 inbound/25 outbound during PM peak hour. The nearby intersections
of Brandywine Avenue/Main Street and Brandywine Avenue/Olympic Parkway currently operate at
an acceptable levels of service (LOS) C. Brandywine Avenue is classified as a Class I Collector and
has a design capacity to accommodate approximately 22,000 average daily trips (ADTs). According
to the traffic study, approximately 6,800 ADTs are currently generated along Brandywine Avenue,
which also operates at LOS C.
Federhart & Associates concluded that the projected 832 ADTs from the proposed project would not
significantly increase the ADT generated along Brandywine Avenue, nor would it create a significant
delay at the intersections of Brandywine A venue/Main Street and Brandywine Avenue/Olympic
Parkway. With the development of the proposed project, the cumulative ADTs generated along
Brandywine Avenue is estimated to be approximately 7,300 ADTs. Since Brandywine Avenue is
designed to accomodate 22,000 average daily trips, development of the proposed project would not
significantly increase the traffic to Brandywine Avenue and Brandywine Avenue will continue to
operate at a LOS C. Therefore, the project will not result in a significant increase to cumulative
traffic or delay at the intersections of Brandywine Avenue/Main Street and Brandywine
Avenue/Olympic Parkway.
Access to and from the El Dorado Ridge project will be provided along Brandywine Avenue. The
proposed site plan shows the entrance/exit driveway to be 52-feet wide with a narrow median in the
11
center dividing incoming and outgoing traffic. Potential safety and queuing impacts may occur at the
project driveway if improvements are not made to the access point along Brandywine Avenue.
Access impacts are mitigated with implementation of the proposed mitigation measures identified in
Section F below.
Parking
Based on the Chula Vista Municipal Code parking ratio requirement for multi-family dwelling units
of 2 parking spaces per each residential unit, the required parking for the proposal is 208 spaces. The
proposed project is the development of 104 multi-family residential units (3-story), which includes a
2-vehicle garage for each resident. In total, the project will provide 208 spaces and an additional 32
parking spaces located on-site for guest parking. Therefore, no significant parking impacts will result
from the proposed project.
F. Mitigation Necessary to Avoid Significant Impacts
Air Qualitv
The following air quality mitigation requirements shall be shown on all applicable grading, and
building plans as details, notes, or as otherwise appropriate, and shall not be deviated from unless
approved in advance in writing by the City's Environmental Review Coordinator.
1. During construction, dirt and debris shall be washed down or swept up as soon as practicable to
reduce the resuspension of particulate matter caused by vehicle movement over such material.
Approach routes to the construction area shall be cleaned daily of construction-related dirt and
debris.
2. In accordance with California Vehicle Code Section 23114, vehicles transporting loads of
aggregate materials must cover/tarp the material, or if not covered, the material must be no nearer
than six inches from the upper edge of the container area where the materiaLcont~~ts the sides,
front, and back of the cargo container area, and the load shall not extend, at its peak, above any
part of the upper edge of the cargo container area. This measure shall also apply to the transport
of any materials associated with demolition, grading, or building activities that can potentially
become airborne.
3. Construction equipment shall be maintained in proper working order and shall be periodically
tuned in order to minimize air pollutant emissions; use of low pollutant-emitting construction
equipment, including electrical-powered equipment, shall be used as practical.
4. Soil disturbance and travel on unpaved surfaces shall be suspended when wind speeds exceed 25
miles per hour.
5. All unpaved construction areas shall be sprinkled with water or other acceptable dust control
agents during dust-generating activities as necessary to minimize dust emissions to the maximum
extent practicable. Additional watering or dust control agents shall be applied during dry weather
or on windy days until dust emissions are not visible.
6. The Developer shall implement the final AQIP measures as approved by the City Council, and as
may be amended from time to time, and to comply and remain in compliance with the Air Quality
Improvement Plan (AQIP).
12
7. In addition, the following air quality mitigation requirements shall also be shown on all
applicable grading, and building plans as details, notes, or as otherwise appropriate, and shall not
be deviated from unless approved in advance in writing by the City's Environmental Review
Coordinator:
. Minimize simultaneous operation of multiple construction equipment units.
· 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 peDTIanent 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.
Biological Resources
8. Prior to issuance of a grading peDTIit, the applicant shall mitigate impacts to MSS pursuant to
Section 5.2.2 of the City's MSCP Subarea Plan. In compliance with the City's Subarea Plan, the
applicant shall secure 5.4 acre-credits of MSS habitat in a City-approved Mitigation Bank or
other approved location offering such credits. This assumes that the mitigation credits will be
provided within the City's Preserve system. A 2: 1 mitigation ratio shall apply if mitigation is
secured outside of the Preserve but in another City-approved location.
9. Prior to issuance of a grading peDTIit, the applicant shall obtain a Habitat Loss Incidental Take
(HUT) PeDTIit from the City of Chula Vista for impacts to MSS, Otay tarplant, Snake Cholla, and
the Coast California gnatcatcher in accordance with Section 17.35 ofthe CYMe.
10. Prior to issuance of a grading peDTIit, the applicant shall obtain appropriate peDTIits from the
Resource Agencies (i.e., USACOE, CDFG, and RWQCB) for impacts to jurisdictional wetland
resources. Section 5.2.4 of the City's Subarea Plan provides mitigation ratios for unavoidable
impacts to wetlands (Table 5-6, page 5-18). In compliance with the City's Wetland Protection
Program, mitigation measures proposed by the Federal or State agency must be equivalent or
greater than those imposed by the City.
11. Prior to issuance of a grading permit, the applicant shall prepare a Wetland Mitigation Plan to the
satisfaction of the Environmental Review Coordinator to mitigate impacts to wetland resources.
The Plan must include, but not be limited to, an implementation plan, maintenance and
monitoring program, estimated completion time, success criteria, and any relevant contingency
measures.
12. Prior to initiating grading activities, pre-construction nesting surveys of all areas within 300 feet
of any known California gnatcatcher or nesting rapt or location will be required. The results of the
13
survey will be provided in a report to the Environmental Review Coordinator for approval. If an
occupied raptor or California gnatcatcher nest is identified during pre-construction surveys, noise
reduction measures shall be incorporated into the construction plans and submitted to the
Environmental Review Coordinator for review and approval. Site brushing, grading, and/or the
removal of vegetation within 300 feet of any known California gnatcatcher or raptor nesting
location shall not be permitted during the spring/summer breeding season, defined as from
February 15 to August 15 for the California gnatcatcher or January 15 to July 31 for nesting
raptors.
13. Prior to issuance of a grading permit, a qualified biological shall prepare a Salvage and
Translocation Plan and submitted to the City for review and approval. The intent of this salvage
shall be to revegetate and restore disturbed areas that will be placed into open space. The Salvage
and Translocation Plan shall specify the soils, seeds, and specific plant materials to be salvaged,
identify the details of salvage, and specify location within revegetation areas and time frames for
use of materials, as appropriate. Soil salvaging and translocation shall include all impacted
specimens of Otay Tarplant, Snake Cholla, and all other stem succulents present onsite at a 1: 1
ratio. Prior to the initiation of any grading activities, topsoil shall be removed and stockpiled in
accordance with the Salvage and Translocation Plan. All work, including topsoil removal,
stockpiling, and translocation shall be conducted in accordance with the Salvage and
Translocation Plan and under the supervision of the City approved biologist.
14. In order to ensure the long-term viability of the open space area, the applicant shall prepare and
submit to the Environmental Review Coordinator an annual biological monitoring and report in
perpetuity. Annual monitoring shall require site inspections by a City-approved biologist and a
letter report shall be provided to the City for review and approval. The letter report shall provide
a qualitative assessment of site conditions and detail any needed remediation, including adaptive
management.
15. Prior to issuance of a grading permit, orange temporary fencing shall be installed around those
areas which are designated as biologically sensitive. In addition, the applicant must retain a
qualified biologist to monitor the installation and on-going maintenance of thistemporary fencing
adjacent to sensitive biological areas. The City's Mitigation Monitor will conduct site visits to
ensure this measure has been implemented.
16. A qualified biologist shall be present at all pre-grading meetings and be present onsite during all
clearing, grubbing, and/or grading activities to ensure that the approved limits of disturbance are
not exceeded. The biological monitor shall be authorized to halt all associated project activities
that may be in violation with any permits issued or Chula Vista MSCP Subarea Plan conditions.
17. Before construction activities occur in areas containing sensitive biological resources, all workers
shall be educated by a qualified biologist to recognize and avoid those areas which have been
marked as sensitive biological resources.
Geology and Soils
18. Prior to issuance of building permit, the applicant shall demonstrate that all building pads built
within 15 feet of the mapped La Nacion trace fault should contain a minimum of 5 feet of
compacted fill beneath all footings to the satisfaction of the City Engineer as indicated in the CTE
report (dated August 11,2004).
19. Prior to issuance of a grading permit, the detailed measures identified in the geotechnical report
prepared by Christian Wheeler Engineering (dated January 25, 2002) must be noted on the
14
grading plans and implemented prior to and during site preparation and construction to the
satisfaction of the City Engineer.
Hydrology and Water Qualitv
20. Prior to issuance of a grading permit, the detailed measures identified in the Storm Water
Management Plan prepared by CDS Civil Engineers (dated December 13,2004) must be noted on
the grading plans and implemented prior to and during site preparation and construction to the
satisfaction of the City Engineer.
Noise
21. Prior to issuance of a building permit, the applicant shall submit a supplemental acoustical
analysis of the exterior building design elements for the buildings fronting Brandywine Avenue
(Buildings 1, 3, and 4 of the proposed Site Plan) to ensure that the interior noise levels will not
exceed 45 CNEL to the satisfaction of the City Environmental Review Coordinator and City
Building Official.
T ransporta ti on/T raffi c
The following are access-related mitigation measures and will be required as conditions of approval:
22. Prior to approval of Final Improvement Plans, the applicant shall submit a Striping Plan to
illustrate the safe site distance triangle for the access driveway to the project site and identify the
modifications to the existing Brandywine Avenue pavement markings along the project frontage
to the satisfaction ofthe City Engineer.
23. Prior to issuance of a building permit, the applicant shall contribute to the Traffic Development
Impact Fund (TDIF) and pay all applicable development fees for necessary traffic improvements
to the Brandywine Avenue.
15
G. Consultation
1. Individuals and Organizations
City of Chula Vista:
Marisa Lundstedt, Planning and Building
Luis Hernandez, Planning and Building
John Schmitz, Planning and Building
Rich Zumwalt, Planning and Building
Garry Williams, Planning and Building
Silvester Evetovich, Engineering
Ben Herrera, Engineering
Dave Kaplan, Engineering
Justin Gipson, Fire Department
Richard Preuss, Police Department - Crime Prevention
Applicant:
The Phair Company and Development Contractors, Inc.
Others:
Chula Vista Elementary School District
2. Documents
City of Chula Vista General Plan, 1989
Title 19, Chula Vista Municipal Code
City of Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan, February
2003
Acoustical Analysis Report/El Dorado Ridge, Brandywine Avenue and Mendocino Drive, Chula
Vista, Eilar Associates, February 28,2005
Cultural Resources Phase I Survey Report prepared by RECON (dated July 19,2002)
Drainage Study, CDS Civil Engineers, December 13,2003
Fire Protection Plan, FlREWISE 2000, Inc., May 2005
Impacts Analysis and Mitigation Requirements, Vincent N. Scheidt, May 2005
Preliminary Geotechnical Report, Christian Wheeler Engineering, January 25,2002
Report of Supplemental Fault Study, Christian Wheeler Engineering, July 15,2002
Stonn Water Management Study, CDS Civil Engineers, December 13,2003
Traffic Study for El Dorado Ridge, Federhart & Associates, February 4, 2005
16
Updated Geotechnical Investigation, Construction Testing & Engineering, Inc. (CTE), August 11,
2004
3. Initial Study
This environmental determination is based on the attached Initial Study, and any comments
received in response to the Notice of Initial Study. The report reflects the independent judgment
of the City of Chula Vista. Further information regarding the environmental review of this
project is available from the Chula Vista Planning and Building Department, 276 Fourth Avenue,
Chula Vista, CA 91910.
Date:
Marilyn R. F. Ponseggi
Environmental Review Coordinator
J :\Planning\Josie\El_ Dorado\Enviro _ Docs\IS-02-45MND(Updated6-17 -05).doc
17
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PROJECT .
APPLICANT: EI Dorado Ridge
PROJECT. Brandywine Avenue at
ADDRESS. Mendocino Drive
PROJECT DESCRIPTION:
DEPARTMENT
EXHIBIT A
CHULA VISTA PLANNING
LOCATOR
C) S=E
No Scale
AND BUILDING
INITIAL STUDY
Request: Proposal for 104 townhomes on 11.46 acres
NORTH
FILE NUMBER:
18-02-045
Related cases: DRC-05-22, GPA-05-01, PCZ-03-01, PCS-03-01
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LEGEND
MARITIME SUCCULENT SCRUB
DISTURBED MARITIME SUCCULENT SCRUB
RUDERAL
DEVELOPED
FEDERAL - US ARMY CORPS OF
ENGINEERS - WETLAND LIMITS
STA TE - CALIFORNIA DEPARTMENT OF ASH AND
GAME - WETLAND LIMIT
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CALIFORNIA GNA TCA TCHER (POLlOPT/LA GALIFORNlCA)
NESTLOCAT/ON
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PREPARED BY
CDS CIVIL ENGINEERS
10763 WOODSIDE AVENUE, SUITE A
SANTEE. CA 92071
(619) 446-6666
BY: DA IT:
JAMES N. BACHOFER. RCE. 28928
~ Guy F. Hoy.
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13625 Adtl:an 51.
. Poway CA 9206",
teL (aS8) 486-4931
June e. 2005
ATTACHMENT A
MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
El Dorado Ridf!e Pro;ect. 18-02-045.
This Mitigation Monitoring and Reporting Program has been prepared by the City of Chula Vista
in conjunction with the proposed El Dorado Ridge project. The proposed project has been
evaluated in an Initial Study/Mitigated Negative Declaration prepared in accordance with the
California Environmental Quality Act (CEQA) and City/State CEQA Guidelines (IS-02-045).
The legislation requires public agencies to ensure that adequate mitigation measures are
implemented and monitored for Mitigated Negative Declarations.
AB 3180 requires monitoring of potentially significant and/or significant environmental impacts.
The Mitigation Monitoring and Reporting Program for this project ensures adequate
implementation of mitigation for the following potential impacts(s):
1. Air Quality
2. Biological Resources
3. Geology/Soils
4. Hydrology and Water Quality
5. Noise
6. Transportation/Traffic
MONITORING PROGRAM
Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinators
shall be the Environmental Review Coordinator, and City Engineer of the City of Chula Vista.
The applicant shall be responsible to ensure that the conditions of the Mitigation Monitoring and
Reporting Program are met to the satisfaction of the Environmental Review Coordinator and
City Engineer. Evidence in written form confirming compliance with the mitigation measures
specified in Mitigated Negative Declaration IS-02-045 shall be provided by the applicant to the
Environmental Review Coordinator and City Engineer. The Environmental Review Coordinator
and City Engineer will thus provide the ultimate verification that the mitigation measures have
been accomplished.
Table 1, Mitigation Monitoring and Reporting Program Checklist, lists the mitigation measures
contained in Section F, Mitigation Necessary to Avoid Significant Effects, of Mitigated Negative
Declaration IS-02-045, which will be implemented as part of the project. In order to determine if
the applicant has implemented the measure, the method and timing of verification are identified,
along with the City department or agency responsible for monitoring/verifying that the applicant
has completed each mitigation measure. Space for the signature of the verifying person and the
date of inspection is provided in the last column.
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CIlY OF
ENVIRONMENTAL CHECKLIST FORM CHUlA VISTA
1. Name of Proponent:
The Phair Company and
Development Contractor, Inc.
2. Lead Agency Name and Address:
City of Chula Vista
Planning and Building Department
276 Fourth Avenue
Chula Vista, CA 91910
3. Addresses and Phone Number of Proponent:
1488 Pioneer Way, Suite 5
El Cajon, CA 92020
(619) 444-2054
4. Name of Proposal:
El Dorado Ridge
5. Date of Checklist:
June 28, 2005
6. Case No.
IS-02-045
ENVIRONMENTAL ANALYSIS QUESTIONS:
Less Than
Potentially Significant Less Than
With
Issues: Significant Mitigation Significant No Impact
Impact Incorporated Impact
I. AESTHETICS. Would the project:
a) Have a substantial adverse effect on a scenic vista? 0 0 0 0"
b) Substantially damage scenic resources, including, but 0 0 0 0"
not limited to, trees, rock outcroppings, and historic
buildings within a state scenic highway?
c) Substantially degrade the existing visual character or 0 0 0" 0
quality of the site and its surroundings?
1
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
d) Create a new source of substantial light or glare,
which would adversely affect day or nighttime views
in the area?
o
o
o
o
Comments:
a-d) The proposed project will not adversely affect an existing scenic vista. The site is located
within an established, developed residential and limited industrial area. The proposed structures
will be approximately 28 feet in height and will be located along the southern and western portions
of the property. The project will be required to meet building standards and landscape
requirements per the Chula Vista Municipal Code, which will further reduce potential impacts to
the existing community character. It should also be noted that the General Plan does not identify
Brandywine A venue as scenic roadway; therefore, the project will not impact a designated scenic
roadway.
The proposed project is currently vacant and consists of native vegetation on a gentle slope from
east to west. Although the applicant proposes to develop approximately 7.17 acres of the site, the
remaining 4.29 acres will be preserved as an open space area. Irrigated manufactured slopes are
included at portions between the open space area and the proposed development. No development
is proposed within the remaining open space, nor will future development be permitted. Therefore,
impacts to the site's natural visual quality are reduced to below a level of significance.
The proposal will incorporate downward-facing, non-spill exterior lighting within parking areas,
and along portions of the site perimeter. The proposed lighting would comply with the lighting
regulations of the Chula Vista Municipal Code and, therefore, would not result in a significant
lighting impact to adjacent properties.
Mitieation: No mitigation measures are required.
II. AGRICULTURAL RESOURCES. In
determining whether impacts to agricultural
resources are significant environmental effects, lead
agencies may refer to the California Agricultural
Land Evaluation and Site Assessment Model (1997)
prepared by the California Dept. of Conservation as
an optional model to use in assessing impacts on
agriculture and fannland. Would the project
2
_M_._....___..__.______.____..__.__.___
........_.......____._._M"_...
........._......_.__........m.......__m.....__m._______...........__
.....--......--.-....--........--
.............__....................._mm..._.....__._____..__._.___....._....._._.......__......._...._._....._______
Issues:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the Farmland
Mapping and Monitoring Program of the California
Resources Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural use, or a
Williamson Act contract?
c) Involve other changes in the existing environment,
which, due to their location or nature, could result in
conversion of Fannland, to non-agricultural use?
Comments:
Less Than
Potentially Significant Less Than
With
Significant Mitigation Significant No Impact
Impact Incorporated Impact
0 0 0 0"
o
o
o
0"
o
o
o
0"
a-c) The project site is currently undisturbed and has not been used for agricultural purposes. The
project site is designated for residential development, consistent with the General Plan, and will not
convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to non-agricultural use.
Therefore, development of the proposed project will not result in impacts to existing agricultural
resources.
Mith!ation: No mitigation measures are required.
III.AIR QUAliTY. Where available, the significance
criteria established by the applicable air quality
management or air pollution control district may be
relied upon to make the following detenninations.
Would the project:
a) Conflict with or obstruct implementation of the
applicable air quality plan?
b) Violate any air quality standard or contribute
substantially to an existing or projected air quality
violation?
c) Result in a cumulatively considerable net increase
..m ...____..____.._...._..............__..___________.........__________.._._.._.._,___"__"_"'"
_...___......___._.____......___n.._
o
0"
o
o
o
0"
o
o
o
0"
o
o
3
m._.._____._...._.._m..____..__._______..h_m_____.__._,_"_,,,__,_
Less Than
Potentially Significant Less Than
With
Issues: Significant Mitigation Significant No Impact
Impact Incorporated Impact
of any criteria pollutant for which the project
region IS non-attainment under an applicable
federal or state ambient aIr quality standard
(including releasing ernlSSl0nS, which exceed
quantitative thresholds for ozone precursors)?
d) Expose sensitive receptors to substantial pollutant 0 0 0" 0
concentrations?
e) Create objectionable odors affecting a substantial
number of people?
o
o
0"
o
Comments:
a-e) See Mitigated Negative Declaration, Section E.
Miti!!ation: See Mitigated Negative Declaration, Section F.
IV. BIOLOGICAL RESOURCES.
project:
Would the
a) Have a substantial adverse effect, either direcdy or
through habitat modifications, on any speCles
identified as a candidate, sensitive, or special status
species in local or regional plans, policies, or
regulations, or by the California Department of
Fish and Game or u.s. Fish and Wildlife Service?
o
0"
o
o
b) Have a substantial adverse effect on any riparian
habitat or other sensitive. natural community
identified 111 local or regional plans, policies,
regulations or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
o
0"
o
o
4
..-..--.--...........-................-..-
m......_._.._._..._.._....._m_m_._m_~_.___........._._........__...........__________.
.. ............_......__...._......__...........__......._m..._._._____............................._..........._..........__.__...._....____
......-...--............-.--......-----....
Issues:
c) Have a substantial adverse effect on federally
protected wedands as defined by Section 404 of the
Clean Water Act (including, but not limited to,
marsh, vernal pool, coastal, etc.) through direct
removal, filling, hydrological interruption, or other
means?
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife species
or with established native resident or migratory
wildlife corridors, or impede the use of native
wildlife nursery sites?
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
~ 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-c) See Mitigated Negative Declaration, Section E.
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
No Impact
Less Than
Significant
Impact
o
0"
o
o
o
o
o
0"
o
0"
o
o
o
0"
o
o
d) Currently, the area surrounding the project site is fully developed. The project site is not within or
adjacent to the City's designated MSCP Preserve area, or is the habitat identified onsite contiguous with
any native habitat community adjacent to the properties. The project will not interfere with the movement
of any native resident or migratory fish or wildlife species or with established native resident or migratory
wildlife corridors, or impede the use of native wildlife nursery sites. Therefore, implementation of the
proposed project will not result in impacts to existing wildlife corridors or interfere with wildlife
movement.
e-f) See Mitigated Negative Declaration, Section E.
Mitie-ation: See Mitigated Negative Declaration, Section F.
5
..........._..____.__._........hm....__._._._....._
...--.--.--..-....-.-.---..---....-..-.
mnom ______h_.....
....__......_....m......_...._........_.____...___......._..__.....-._.____.__.__._............____.__.._.__........___________._
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
v. CULTURAL RESOURCES. Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource as defined in ~
15064.5?
o
o
o
~
b) Cause a substantial adverse change in the
significance of an archaeological resource pursuant
to ~ 15064.5?
o
o
o
~
c) Direcdy or indirecdy destroy a unique
paleontological resource or site or unique geologic
feature?
o
o
o
~
d) Disturb any human remains, including those interred
outside of fonnal cemeteries?
o
o
o
~
Comments:
a-b) A Cultural Resources Phase I Survey was conducted by RECON (dated July 19, 2002). The survey
concluded that the project site does not contain any historical or archealogical resources. Therefore, no
substantial adverse change in the significance of a historical resource as defined in Section 15064.5 is
anticipated.
c) The project site is identified as an area of low potential for paleontological resources in the City's
General Plan EIR. No paleontological resources are anticipated to be present within the impact area of
the project. Therefore, the proposed project will not impact any paleontological resources. In addition,
there are no unique geologic features are present on the project site. Therefore, no impacts to unique
geological features are anticipated.
d) The site is currently undisturbed and based on the analysis conducted by RECON, no human remains
are anticipated to be present within the impact area of the project. Therefore, the project will not impact
any human remains.
Miti2ation: No mitigation measures are required.
6
... ...._..._.._..._..__m........_......____.__...._..............____.__......._........
.........--.-.......-.......----.......
.m.. _...._._.._..__...._...__~____m_...m..___....__.._.mm_._mm..._m._..._..._._m.._.____.____..._......_...___.....___.._,m..
Issues:
VI. GEOLOGY AND SOILS -- Would the
project:
a)
Expose people or structures to potencial
substantial adverse effects, including the risk of
loss, injury or death involving:
1.
Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the State
Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.
11.
Strong seismic ground shaking?
111.
Seismic-related
liquefaction?
ground
failure,
including
lV.
Landslides?
b)
Result in substantial soil erosion or the loss of
topsoil?
c)
Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in on-
or off-site landslide, lateral spreading, subsidence,
liquefaction or collapse?
d)
Be located on expansive soil, as defined in Table
18-1-B of the Uniform Building Code (1994),
creating substantial risks to life or property?
.... .._~___.__......_.__..._._._..._._m._______'_"""""__'_'"
7
.....----........--.........
Potentially
Significant
Impact
D
D
D
D
D
D
D
D
Less Than
Significant
With
Mitigation
Incorporated
D
0"
D
D
D
D
D
D
Less Than
Significant
Impact
D
D
0"
0"
0"
0"
0"
0"
....-..----------.-------.-.....----.-.-.--.....---...-..........-..-...-.......--
No Impact
0"
D
D
D
D
D
D
D
...---...------------.
Issues:
e)
Have soils incapable of adequately supporting the
use of septic tanks or alternative wastewater
disposal systems where sewers are not available
for the disposal of wastewater?
Comments:
a-d) See Mitigated Negative Declaration, Section E.
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
No Impact
Less Than
Significant
Impact
o
o
o
0"
e) The project does not propose the use of septic tanks or alternative wastewater disposal systems.
Sewer services will be provided by the City of Chula Vista. Therefore, development of the proposed
project will not result in impacts associated with the use of septic tanks or alterative wastewater disposal
systems.
Miti2ation: See Mitigated Negative Declaration, Section F.
VII. HAZARDS AND HAZARDOUS
MATERIALS. Would the project:
a)
Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
b)
Create a significant hazard to the public or the
enVlronment through reasonably foreseeable
upset and accident conditions involving the
release of hazardous materials l11to 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
8
o
o
o
0"
o
o
o
0"
o
o
o
0"
o
o
o
0"
------------- ------- -- -- - -.. .. - ----
...__m..__.___....._______.._.__....__.____________
.-... -- --- -- --------- -- -- ...
---.. ---.. -- --
....~_.._---.---_......_....
Issues:
public or the envirorunent?
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?
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
No Impact
~
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?
Less Than
Significant
Impact
o
o
o
o
g)
Impair implementation of or physically interfere
with an adopted emergency response plan or
emergency evacuation plan?
o
o
o
o
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?
o
o
o
o
Comments:
o
o
o
o
a-g) The project proposal involves the development of 104 multi-family residential units.
Development of the proposed project would not pose a health hazard to humans. The project site is
designated for residential development according to the General Plan, Zoning Ordinance and
adopted MSCP Subarea Plan. No significant hazards to human health safety would be created as a
result of the proposed project.
9
....__._.____........_.~_..._.__.__..______..._..._._.._m............______
..---...........--....,...-....--..-.....--
..._.___......._..........._.......m...._._.........._.............._...__..........__m..._._....._.__........_._
.......__.._....___._____...._...___.__......._____...._._.___.._mm._.._
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Comments (cont.):
h) At present, the project site is undeveloped and currently supports native vegetation in the eastern
portion of the site. The project proposes to develop approximately 7.17 acres of an 11.95-acre site
and the remaining 4.29 acres will be preserved as open space. The applicant has prepared a Fire
Protection Plan (FPP) which will be implemented to reduce the potential for fire hazards. By
implementing the proposed FPP, no significant hazards to human health safety would be created as a
result of the proposed project.
Miti2ation: No mitigation measures are required.
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?
o
o
0"
o
b) Substantially deplete groundwater supplies or 0 0 0" 0
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?
c) Substantially alter the existing drainage pattern of the 0 0" 0 0
site or area, including through the alteration of the
course of a streatn or river, in a manner, which
would result in substantial erosion or siltation on- or
off-site?
10
..._m..___~__......._..__._____m__.___..__.._..._..__m'_
........__....__......__._.................m__....__.......______
...............___.._____.._............__..___.____.....__.__.._m........__.___m.._...
........-..------...
Issues:
d) Substantially alter the existing drainage pattern of the
site or area, including through the alteration of the
course of a stream or river, substantially increase the
rate or amount of surface runoff in a manner which
would result in flooding on- or off-site, or place
structures within a 100-year flood hazard area which
would impede or redirect flood flows?
e) Expose people or structures to a significant risk of
loss, injury or death involving flooding, including
flooding as a result of the failure of a levee or dam?
D Create or contribute runoff water, which would
exceed the capacity of existing or planned
stormwater drainage systems or provide substantial
additional sources of polluted runoff?
Comments: See Mitigated Negative Declaration, Section E.
Miti2ation: No mitigation measures are required.
IX. LAND USE AND PLANNING. Would the
project:
a) Physically divide an established community?
b) Conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the
project (including, but not limited to the general
plan, specific plan, local coastal program, or zoning
ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
Potentially
Significant
Impact
o
o
o
o
11
Less Than
Significant
With
Mitigation
Incorporated
o
o
o
o
o
o
Less Than
Significant
Impact
o
o
o
o
o
No Impact
o
o
o
o
o
...._.........___...__.._.______._._mm..........___........................_.._..
..........-"" ....-.--.-...--....-....-.--.....--..-------.--..-..-
............---.--------........---..........---....--.-------.....--..----------.--.----.......---
c) Conflict with any applicable habitat conservation
plan or natural community conservation plan?
Less Than
Potentially Significant Less Than
With
Significant Mitigation Significant No Impact
Impact Incorporated Impact
0 0 0" 0
Issues:
Comments:
a) The project site is currently undeveloped. The surrounding land uses consist of residential
development to the north, east, and west and light industrial to the south. The applicant proposes to
develop 104 multi-family residential units which will be consist with the surrounding uses; therefore,
development of the project will not physically divide an existing community.
b) See Mitigated Negative Declaration, Section E.
c) The project site is located within in the City of Chula Vista MSCP Subarea Plan boundary in an
area designated as a "Development Area." The project site is greater than one acre, contains
sensitive biological resources, and is located outside of the "Covered Projects," therefore, the project
is subject to the requirements under the Habitat Loss Incidental Take (HUT) Ordinance. The project
is not anticipated to conflict with the City's MSCP Subarea Plan; therefore, no mitigation is required.
Miti2ation: No mitigation measures are required.
x. MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a known mineral
resource that would be of value to the region and
the residents of the state?
o
o
o
0"
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
0"
12
. _ ._______.._m.__.__.............__.......___....______._..__.____.._.....__
....._.......m__m_.____.___........._..__....._......_
ommn...o...nmmmm_....._._.._
..mm__.__.m...._.__......_.....__._._._._m_......_.._._...._._.__...___.__..__.._
......._m..__.m_.____.__...._..__m..____._..._.._.~__
Issues:
Comments:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
No Impact
Less Than
Significant
Impact
a) The project site is undisturbed and has not been used for mining purposes. In addition, the site is not
designated as a site for mineral resources; therefore, 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) Pursuant to the Environmental Impact Report for the City of Chula Vista General Plan, the State of
California Department of Conservation has not designated the project site for mineral resource protection.
Therefore, development of the proposed project would not result in the loss of availability of a locally-
important mineral resource recovery.
Miti2ation: No mitigation measures are required.
XI. NOISE. Would the project result in:
a) Exposure of persons to or generation of noise levels
in excess of standards established in the local general
plan or noise ordinance, or applicable standards of
other agencies?
b) Exposure of persons to or generation of excessive
groundbome vibration or groundbome noise levels?
c) A substantial permanent increase in ambient noise
levels in the project vicinity above levels existing
without the project?
d) A substantial temporary or periodic 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?
13
m.........._..............._..............
. .....--.....-.--..---.--.--..-.-----....
....-...........--...-.........-.-----.
..............................m_.___................
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
.....................-.-.-....----.-.......----.-...---.--....
.._.__..........__......._...._m.._...._.......................____.---~
D For a project within the vicinity of a private airstrip,
would the project expose people residing or working
in the project area to excessive noise levels?
Less Than
Potentially Significant Less Than
With
Significant Mitigation Significant No Impact
Impact Incorporated Impact
0 0 0 iii
Issues:
Comments:
a and d) See Mitigated Negative Declaration, Section E.
b) The project is not anticipated to expose persons to excessive groundbome vibration or groundbourne
noise levels. However, the use of heavy industrial equipment or machinery during short-term construction
activities may induce mild groundbourne vibration. Implementation of Section 17.24.050(1) of the Chula
Vista Municipal Code will prohibit construction activities between 10:00 p.m. and 7:00 a.m. Monday
through Friday and between 10:00 p.m. and 8:00 a.m. Saturday and Sunday, except when necessary for
emergency repairs required for the health and safety reasons. Therefore, adjacent residents will not be
exposed to excessive groundborne vibration or groundborne noise levels and impacts are considered less
than significant.
c) The applicant proposes to develop 104 multi-family residential units which is consistent with the
surrounding land uses. Currently, noise generated in the project vicinity is associated with vehicular noise
along Brandywine Avenue. Based on the noise analysis prepared by Eilar Associates (dated February
2005), noise generated along Brandywine Avenue will increase, however, the levels will not exceed the
City's standard limits (65 CNEL) for exterior noise. Therefore, the project will not result in a substantial
permanent increase in ambient noise levels in the project vicinity above levels existing without the project.
e) The project is not located within an airport land use plan nor within two miles of a public airport or
public use airport. Brown Field Airport is the nearest airstrip located approximately 4.5-miles to the
southeast. Development ofthe project would not result in exposure to excessive noise levels.
f) The project is not located within the vicinity of a private airstrip. As stated, the project site is
approximately 4.5 miles away from Brown Field Airport. Development of the proposed project would not
expose people working on-site to excessive noise levels; therefore, no impacts will result from the
proposed project.
Miti!!ation: See Mitigated Negative Declaration, Section F.
XII. POPULATION AND HOUSING. Would the
project:
a) Induce substantial population growth in an area,
either directly (for example, by proposing new
homes and businesses) or indirectly (for example,
o
o
iii
o
14
.....-........-.--............--- -
.... ..__....__....._...__.m_._ .__........_..........H...._._.._
.----..........------.............---,--......- ........-...-...-...-.--.----.....----
........._..........._....._...._._........._...._____......._..._.__m._.._.__.__......n..................._____....._m_..._...__.____........____..---.....
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
through extension of road or other infrastructure)?
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement
housing elsewhere?
o
o
o
o
c) Displace substantial numbers of people,
necessitating the construction of replacement
housing elsewhere?
o
o
o
o
Comments:
a) The proposed project will induce minor population growth within the area. The proposed project
consists of the development of 104 multi-family residential units, which is consistent with the surrounding
land uses and allowed under the City's General Plan.
b) The project site is currently undeveloped. The project will not result in the displacement of existing
housing, necessitating the construction of replacement housing elsewhere.
c) The project site is currently unoccupied or developed. The proposed project will construct 104
multi-family residential units. Development of the project will not result in the displacement of existing
housing, necessitating the construction of replacement housing elsewhere.
Miti!!ation: No mitigation measures are required.
XIII. PUBLIC SERVICES. Would the project:
a) Result in substantial adverse physical impacts
associated with the provision of new or physically
altered governmental facilities, need for new or
physically altered governmental facilities, the
construction of which could cause significant
environmental impacts, in order to maintain
acceptable service ratios, response times or other
performance objectives for any public services:
Fire protection?
o
o
o
o
Police protection?
o
o
o
o
15
............___m......._.._....._.__._.__
...m._........_.__...._._......._..__m._. .....
......_m.._m.._....m..__~......_..._......_
m....__.....__.............__._....___._....._._
...._._._._---_.._._.._---_._-_...._._-_.._._---_.._..._~_..---.------....
Less Than
Potentially Significant Less Than
With
Issues: Significant Mitigation Significant No Impact
Impact Incorporated Impact
Schools? 0 0 0 0
Parks? 0 0 0 0
Other public facilities? 0 0 0 0
Comments:
a) According to the Fire Department, adequate fire protection services can continue to be provided to the
site without an increase of personnel. In compliance with the Fire Department requirements, the applicant
will be required to submit plans for a fire sprinkler system prior to building construction. Implementation
of the proposed Fire Protection Plan prepared by FIREWlSE, 2000 will be required to ensure that potential
fire hazards have reduced to a level below significance. The proposed project would not have a significant
effect upon or result in a need for new or altered fire protection services. The City performance objectives
and thresholds will continue to be met.
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. The City performance
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. Furthermore, the applicant would be required to pay the
statutory building permit school fees for the proposed residential development.
d) The proposed project will not induce a substantial population growth. The project proposes the
development of 104 condominium units with four recreation areas, a tot lot, and five mini gazebo parks
within the project site. Valle Lindo Park is the nearest park located approximately 0.25 mile ftom the
project site and can be utilized by the residents. By including these recreation areas within the proposed
project, City performance objectives and thresholds will continue to be met and impacts are considered to
be less than significant.
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 inftastructure.
Miti2ation: No mitigation measures are required.
XIV. RECREATION. Would the project:
a) Increase the use of existing neighborhood and
regional parks or other recreational facilities
such that substantial physical deterioration of
the facility would occur or be accelerated?
o
o
o
o
16
__._____~__.._....._._...._m__.m_m____m....._._._._
n..._.__.'"'''''''___''__'''_'''__'''
......__._..._.._.........___.._____._.._m_._m......
......_mn._....__........_......._.________......____...__....___"_0---"-
....... _..__...__..__..___._..__.....__m.________..~_.
Issues:
b) Does the proj ect include recreational facilities
or require the construction or expansion of
recreational facilities which have an adverse
physical effect on the environment?
Comments:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
No Impact
Less Than
Significant
Impact
o
o
o
IiI
a) The project proposes the development of four recreation areas, a tot lot, and five mini gazebo
parks within the project site. By including these facilities in the project design, the applicant has
provided the residents with adequate recreational areas and facilities to accessible for their use.
Although the proposed facilities are intended to be used by the residents of the development, there
may be a potential increase in the use of local existing neighborhood and regional parks or other
recreational facilities. The increase in use of the existing facilities will not result in physical
deterioration of the facility would occur or be accelerated.
b) The project proposes the development of four recreation areas, a tot lot, and five mini gazebo
parks within the project site to be used by the residents of the proposed development. The proposed
recreational facilities will not have an adverse physical effect on the environment.
Miti{!ation: No mitigation measures are required.
xv. TRANSPORTATION / TRAFFIC. Would
the project:
a) Cause an increase in traffic which is substantial in
relation to the existing traffic load and capacity of
the street system (i.e., result in a substantial increase
in either the number of vehicle trips, the volume to
capacity ratio on roads, or congestion at
intersections) ?
b) Exceed, either individually or cumulatively, a level of
service standard established by the county
congestion management agency for designated
roads or highways?
c) Result in a change in air traffic patterns, including
either an increase in traffic levels or a change in
location that results in substantial safety risks?
17
o
o
IiI
o
o
o
o
IiI
o
o
o
0"
.. ---------- ------ ------------
.. ---------------- -------- ...-------------
__m.__.......__.__....._.____
....._._.....____.__.........._...______......__._m___..................mmm__........____......
Less Than
Potentially Significant Less Than
With
Issues: Significant Mitigation Significant No Impact
Impact Incorporated Impact
d) Substantially increase hazards due to a design feature 0 0 0 0"
(e.g., sharp curves or dangerous intersections) or
incompatible uses (e.g., fann equipment)?
e) Result in inadequate emergency access? 0 0 0 0"
D Result in inadequate parking capacity? 0 0 0 0"
g) Conflict with adopted policies, plans, or programs 0 0 0 0"
supporting alternative transportation (e.g., bus
turnouts, bicycle racks)?
Comments: See Mitigated Negative Declaration, Section E.
Miti2ation: See Mitigated Negative Declaration, Section F.
XVI. UTILITIES AND SERVICE SYSTEMS.
Would the project:
a) Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board?
o
o
D
0"
b) Require or result in the construction of new water or
wastewater treatment facilities or expansion of
existing facilities, the construction of which could
cause significant environmental effects?
o
o
o
0"
c) Require or result in the construction of new stonn
water drainage facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects?
o
o
o
0"
18
.-...-...-.----.-
......-...............-...-...... ..........---......--.......
.. ____....._........_____._..____n__....____..._.__.......____._.......__... .......__..____..__........
.. .................____....._...._..........._..........___._.__.___._.........._m....._._....._.........__.__....
d) Have sufficient water supplies available to serve the
project from existing entitlements and resources, or
are new or expanded entitlements needed?
Less Than
Potentially Significant Less Than
With
Significant Mitigation Significant No Impact
Impact Incorporated Impact
0 0 0 0"
Issues:
e) Result in a detennination by the wastewater treatment
provider which serves or may serve the project that it
has adequate capacity to serve the project's projected
demand in addition to the provider's existing
commitments?
o
o
o
0"
f) Be served by a landfill with sufficient pennitted
capacity to accommodate the project's solid waste
disposal needs?
o
o
0"
o
gJ Comply with federal, state, and local statutes and
regulations related to solid waste?
o
o
0"
o
Comments:
a) The project site is located within an urban area that is served by all necessary utilities and service
systems. The project is not anticipated to exceed the wastewater requirements of the Regional Water
Quality Control Board (RWQCB) treatment facilities. Therefore, no significant impacts to RWQCB
treatment facilities are anticipated.
b) See XVLa. No construction of new water or wastewater treatment facilities or the expansion of
existing facilities would be necessary to serve the project. Development of the project will not
impact existing water or wastewater treatment facilities.
c) The project site is located within an urban area that is served by all necessary utilities and service
systems. The project is not anticipated to exceed the wastewater requirements of the Regional Water
Quality Control Board (RWQCB) treatment facilities. Therefore, no significant impacts to RWQCB
treatment facilities are anticipated.
d) See XVLa. No construction of new water or wastewater treatment facilities or the expansion of
existing facilities would be necessary to serve the project. Development of the project will not
impact existing water or wastewater treatment facilities.
19
____.__..________.__........................__....__......__...___..._.....m................_____..__.__ m...._........_...___._.......__
....__.__...___.......__.._m__._....___.__......._.._....__..._..__._...._ .m___.__.......__...m._.___..._m._m..__..__._......___..__m~.
Issues:
Potentially
Significant
Impact
Lcss Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Comments (cont.):
e) The proposed project will require the installation of storm drain facilities and a detention basin.
By installing the detention basin and the necessary storm drainages identified on the proposed site
plan, the development of the proposed project will not increase the flow or capacity of the existing
storm water system. Therefore, the project will not result in impacts to the environment associated
with the installation of new storm drain facilities and a detention basin.
f) The project site is within the potable water service area of the Otay Water District (District).
Pursuant to correspondence from the District, the project may be serviced from existing potable
water mains. No new or expanded entitlements would be necessary to serve the proposed project.
g) See XVLa. and b.
h) The project will be served by Pacific Waste Services. Solid waste generated by the project will
be disposed at the Otay Landfill. The development is not anticipated to generate a significant
amount of solid waste which would exceed the capacity of the Otay Landfill. The applicant will be
required to implement a recycling program for the residents of the development. Therefore, impacts
to the Otay Landfill's capacity are less than significant.
i) The applicant has consulted with the City's Environmental and Conservation Services
Department in order to determine compliance with the federal, state, and local regulations related to
solid waste. The applicant will be required to implement a recycling program for the residents of the
development. Therefore, the proposed project will comply with federal, state and local regulations
related to solid waste and impacts are considered to be less than significant.
Miti2:ation: No mitigation measures are required.
XVII. THRESHOLDS
Will the proposal adversely impact the City's
Threshold Standards?
A. Library
o
o
o
o
The City shall construct 60,000 gross square feet (GSF)
of additional library space, over the June 30, 2000
GSF total, in the area east of Interstate 805 by
buildout. The construction of said facilities shall be
phased such that the City will not fall below the city-
wide ratio of 500 GSF per 1,000 population. Library
facilities are to be adequately equipped and staffed.
20
................-................-.......--.-...
......_._.........._..................._..m.__...._.__........_._.__...........______....._...._m.
.... m._...._........._........__m._._._._.___.__..._
.........._.._m.._..__............__....._________._
........................---..-..---.--......
Issues:
B) Police
a) Emergency Response: Properly equipped and staffed
police units shall respond to 81 percent of "Priority
One" emergency calls within seven (7) minutes and
maintain an average response time to all ''Priority One"
emergency calls of 5.5 minutes or less.
b) Respond to 57 percent of ''Priority Two" urgent calls
within seven (7) mmutes and maintain an average
response time to all ''Priority Two" calls of 7.5 minutes
or less.
C) Fire and Emergenc.y Medical
Emergency response: Properly equipped and staffed fire
and medical units shall respond to calls throughout the City
within 7 minutes in 80% of the cases (measured annually).
D) Traffic
The Threshold Standards require that all intersections must
operate at a Level of Service (LOS) "C" or better, with the
exception that Level of Service (LOS) "D" may occur
during . the peak two hours of the day at signalized
intersections. Signalized intersections west ofI-805 are not
to operate at a LOS below their 1991 LOS. No
intersection may reach LOS "E" or "F" during the average
weekday peak hour. Intersections of arterials with freeway
ramps are exempted from this Standard.
E) Parks and Recreation Areas
The Threshold Standard for Parks and Recreation is 3
acres of neighborhood and community parkland with
appropriate facilities / 1 ,000 population east of I-80S.
F) Drainage
The Threshold Standards require that stonn water flows
and volwnes not exceed City Engineering Standards.
Individual projects will provide necessary improvements
consistent with the Drainage Master Plan(s) and City
Engineering Standards.
21
Potentially
Significant
Impact
o
o
o
o
o
Lcss Than
Significant
With
Mitigation
Incorporated
o
o
o
o
o
Less Than
Significant
Impact
0"
0"
0"
o
0"
....mm____........_m__._.._._.
...m.....___.__._................_...__.__......._...__.._........._..-.-.......---.....-..........
....__.._---_...~-.-_..__...._._..__..__.._-._...-
...._..._......._.__m.___._..._.___....._~_.__......_.mmm_____._.._._m."
No Impact
o
o
o
0"
o
..._m.._.._.._._.__...m_m._"'_~
G) Sewer
Less Than
Potentially Significant Less Than
With
Significant Mitigation Significant No Impact
Impact Incorporated Impact
0 0 Ii:! 0
Issues:
The Threshold Standards require that sewage flows and
volumes not exceed City Engineering Standards.
Individual projects will provide necessary improvements
consistent \vith Sewer J'vIaster Plan(s) and City Engineering
Standards.
H) Water
o
o
Ii:!
o
The Threshold Standards require that adequate storage,
treatment, and transmission facilities are constructed
concurrently with planned growth and that water quality
standards are not jeopardized during growth and
construction.
Applicants may also be required to participate in whatever
water conservation or fee off-set program the City of
Chula Vista has in effect at the time of building permit
1ssuance.
Comments:
a) The nearest public library to the proposed project is the South Chula Vista Branch located
approximately 3 miles from the project site. The proposed project is not expected !Q ind~~e substantial
growth which will impact the City's Library Threshold Standards. Therefore, the project will not result
in adverse impacts to the City's Library Threshold Standards.
b) According to the Police Department, adequat~ police protection services can continue to be
provided to serve the proposed project. The project would not have a significant effect upon or result in
a need for substantial new or altered police protection services. No adverse impact to the City's Police
Threshold standards would occur as a result of the proposed project.
c) According to the Fire Department, adequate fire protection and emergency medical services can be
provided to the site. The Fire Station that will provide services to the proposed project are Station 3
with estimated time of arrivals from 3-5 minutes. The proposed project would not have a significant
effect upon or result in a need for new or altered fire protection services. No adverse impact to the
City's Fire and Emergency Medical Threshold standards would occur as a result of the proposed
project.
d) According to the Traffic Engineering Section, with the addition of projected generated traffic,
all ro.adway segments and intersections within the study area are estimated to continue to operate
at level of service "C" or better in compliance with the City's Traffic Threshold Standards.
22
......_...-.....--~--..--.---- ..................-.-.-.--.-
m............._........._.....__................_........__
........__...__..._._._.~.__..m ........_m_..._.._____._.........__........._...._._....___.........__..__..__.......___....._..........__. . ........m_.........._.m..._.__.........____.._...~._..._
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Comments (cont.):
e) The proposed project will construct 104 condominium units and will not induce a significant
population growth. The project proposes the development of four recreation areas, a tot lot, and five mini
gazebo parks within the project site. Valle Lindo Park is the nearest park located approximately 0.25 mile
from the project site. The occupants of the development may also utilize this park. By including recreation
areas within the proposed project, impacts to the City's Park Threshold Standards are considered to be less
than significant.
f) A drainage study has been reviewed and approved by City Engineering staff This study will be
submitted with the final grading and improvement plans. The applicant proposes new and improved
drainage facilities incorporated within the project site. The drainage facilities for the project are designed
in accordance with the Drainage Master Planes) and have met the City Engineering standards. No adverse
impacts to the City's storm drainage system or City's Drainage Threshold standards will occur as result of
the proposed project.
g) The sewer facilities serving the proj ect site consist of a 10- inch sewer main running north-south along
Brandywine Avenue. The Engineering Division has determined that these facilities are adequate to serve
the proposed project. No new sewer facilities are anticipated to be required and no adverse impacts to the
City's Sewer Threshold standards will occur as a result of the proposed project.
h) According to the Otay Water District, water service can be provided via a 12-inch water main located
on east side of Brandywine. Additionally, the District has determined that adequare.stori;lge, treatment, and
transmission facilities would be available to serve the project.
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?
o
0"
o
o
b) Does the project have impacts that are individually
limited, but cumulatively considerable?
("Cumulatively considerable" means that the
o
o
0"
o
23
............_......._.....___...._...._......_..___.._._..___...._................._.nm'__
...-.........-.......---......
...........-..-......-..-..--.----....
.....-....-..-...........--..--
...._....___...__...._...__.._..____.__..____........n.__________.__.m_m.._..__._._._____._._..__..~.._
Issues:
Potentially
Significant
Impact
Less Th:m
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
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?
o
o
o
o
Comments:
a) The project site is located within an established urbanized area designated as development area
under the adopted Chula Vista MSCP Subarea Plan. However, as discussed in Section E of the
Mitigated Negative Declaration, sensitive habitat and wildlife will be impacted by the proposed
development. Appropriate mitigation measures will be implemented pursuant to the City's MSCP
Subarea Plan to reduce impacts to below a level of significance.
b) As described in the Mitigated Negative Declaration, significant direct project impacts would be
mitigated to below a level of significance through the required mitigation measures. When the
proposed project is considered in connection with the effects of past projects, other current projects,
and future projects, cumulative impacts associated with air quality, biological resources, and traffic are
considered significant. However, the City has implemented several plans and programs focused on
reducing air pollutions, regulating impacts to sensitive biological resources, and d~~eloping road
improvements to relieve traffic. As indicated in the Mitigated Negative Declaration, the applicant will
be required to comply with the City's regulations and implement mitigation measures to reduce
impacts to below a level of significance. Therefore, cumulative impacts are considered to be less than
significant.
c) See the "Air Quality", "Biological Resources", "Geology and Soils", "Noise", and
"Transportation/Traffic" discussions in Section E of the Mitigated Negative Declaration; all identified
potential impacts would be mitigated to below a level of significance.
24
..............m..........______._.__._..._.__.........___._..._......._m....~._.._._......._._..___._...._.__
.......m............._...__.__.m..__..__._....__..____.._____..__......_____n
m..........__........._........_.....
n..____.._..___
XIX. PROJECT REVISIONS OR MITIGATION MEASURES:
The following air quality mitigation requirements shall be shown on all applicable grading, and
building plans as details, notes, or as otherwise appropriate, and shall not be deviated from unless
approved in advance in writing by the City's Environmental Review Coordinator.
Air Quality
1. During construction, dirt and debris shall be washed down or swept up as soon as practicable to
reduce the resuspension of particulate matter caused by vehicle movement over such material.
Approach routes to the construction area shall be cleaned daily of construction-related dirt and
debris.
2. In accordance with California Vehicle Code Section 23114, vehicles transporting loads of
aggregate materials must cover/tarp the material, or if not covered, the material must be no
nearer than six inches from the upper edge of the container area where the material contacts the
sides, front, and back of the cargo container area, and the load shall not extend, at its peak,
above any part of the upper edge of the cargo container area. This measure shall also apply to
the transport of any materials associated with demolition, grading, or building activities that
can potentially become airborne.
3. Construction equipment shall be maintained in proper working order and shall be periodically
tuned in order to minimize air pollutant emissions; use of low pollutant-emitting construction
equipment, including electrical-powered equipment, shall be used as practical.
4. Soil disturbance and travel on unpaved surfaces shall be suspended when wind speeds exceed
25 miles per hour.
5. All unpaved construction areas shall be sprinkled with water or other acct;j?table dust control
agents during dust-generating activities as necessary to minimize dust emIssions to the
maximum extent practicable. Additional watering or dust control agents shall be applied
during dry weather or on windy days until dust emissions are not visible.
6. The Developer shall implement the final AQIP measures as approved by the City Council, and
as may be amended from time to time, and to comply and remain in compliance with the Air
Quality Improvement Plan (AQIP).
7. In addition, the following air quality mitigation requirements shall also be shown on all
applicable grading, and building plans as details, notes, or as otherwise appropriate, and shall
not be deviated from unless approved in advance in writing by the City's Environmental
Review Coordinator:
.
Minimize simultaneous operation of multiple construction equipment units.
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.
.
.
.
.
.
2S
............-...--.....-.........
.--.-_._--_......---.--~--_._..._.._...._-_.__._-----~_....-..........--,
.._......_...._._..~.---_.._..._---_._............_..._-----_......--........-..-...-............--....--.---.---..-.....-
m......___.__...._.____........
...______._____n
. Stabilize graded areas as quickly as possible to minimize fugitive dust.
. Pave permanent 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.
Biological Resources
8. Prior to issuance of a grading permit, the applicant shall mitigate impacts to MSS pursuant to
Section 5.2.2 of the City's MSCP Subarea Plan. In compliance with the City's Subarea Plan,
the applicant shall secure 5.4 acre-credits of MSS habitat in a City-approved Mitigation Bank
or other approved location offering such credits. This assumes that the mitigation credits will
be provided within the City's Preserve system. A 2: 1 mitigation ratio shall apply if mitigation
is secured outside of the Preserve but in another City-approved location.
9. Prior to issuance of a grading permit, the applicant shall obtain a Habitat Loss Incidental Take
(HUT) Permit from the City of Chula Vista for impacts to MSS, Otay tarplant, Snake Cholla,
and the Coast California gnatcatcher in accordance with Section 17.35 of the CYMe.
10. Prior to issuance of a grading permit, the applicant shall obtain appropriate permits from the
Resource Agencies (i.e., USACOE, CDFG, and RWQCB) for impacts to jurisdictional wetland
resources. Section 5.2.4 of the City's Subarea Plan provides mitigation rati9s f~r_ unavoidable
impacts to wetlands (Table 5-6, page 5-18). In compliance with the City' s Wetland Protection
Program, mitigation measures proposed by the Federal or State agency must be equivalent or
greater than those imposed by the City.
11. Prior to issuance of a grading permit, the applicant shall prepare a Wetland Mitigation Plan to
the satisfaction of the Environmental Review Coordinator to mitigate impacts to wetland
resources. The Plan must include, but not be limited to, an implementation plan, maintenance
and monitoring program, estimated completion time, success criteria, and any relevant
contingency measures.
12. Prior to initiating grading activities, pre-construction nesting surveys of all areas within 300
feet of any known California gnatcatcher or nesting raptor location will be required. The results
of the survey will be provided in a report to the Environmental Review Coordinator for
approval. If an occupied raptor or California gnatcatcher nest is identified during pre-
construction surveys, noise reduction measures shall be incorporated into the construction plans
and submitted to the Environmental Review Coordinator for review and approval. Site
brushing, grading, and/or the removal of vegetation within 300 feet of any known California
gnatcatcher or raptor nesting location shall not be permitted during the spring/summer breeding
26
._mm._.m_....__._....._._.......__...._._.____.____~m..._......_................._m..m_....__m____........_......_....____m._..._...._____
..."mm_._mm.....nm......._....m__._nmmm..._..,m_......___.....__.........
....__..__...__._.____....._.m...._m...._..._.________..__.__...____mm__"___..
season, defined as from February 15 to August 15 for the California gnatcatcher or January 15
to July 31 for nesting raptors.
13. Prior to issuance of a grading permit, a qualified biological shall prepare a Salvage and
Translocation Plan and submitted to the City for review and approval. The intent of this salvage
shall be to revegetate and restore disturbed areas that will be placed into open space. The
Salvage and Translocation Plan shall specify the soils, seeds, and specific plant materials to be
salvaged, identify the details of salvage, and specify location within revegetation areas and time
frames for use of materials, as appropriate. Soil salvaging and translocation shall include all
impacted specimens of Otay Tarplant, Snake Cholla, and all other stem succulents present
onsite at a 1: 1 ratio. Prior to the initiation of any grading activities, topsoil shall be removed
and stockpiled in accordance with the Salvage and Translocation Plan. All work, including
topsoil removal, stockpiling, and translocation shall be conducted in accordance with the
Salvage and Translocation Plan and under the supervision of the City approved biologist.
14. In order to ensure the long-term viability of the open space area, the applicant shall prepare and
submit to the Environmental Review Coordinator an annual biological monitoring and report in
perpetuity. Annual monitoring shall require site inspections by a City-approved biologist and a
letter report shall be provided to the City for review and approval. The letter report shall
provide a qualitative assessment of site conditions and detail any needed remediation, including
adaptive management.
15. Prior to issuance of a grading permit, orange temporary fencing shall be installed around those
areas which are designated as biologically sensitive. In addition, the applicant must retain a
qualified biologist (approved by the City) to monitor the installation and on-going maintenance
of this temporary fencing adjacent to sensitive biological areas. The City's Mitigation Monitor
will conduct site visits to ensure this measure has been implemented.
16. A qualified biologist shall be present at all pre-grading meetings and be present on site during
all clearing, grubbing, and/or grading activities to ensure that the approved limits of
disturbance are not exceeded. The biological monitor shall be authorized to halt all associated
project activities that may be in violation with any permits issued or Chula Vista MSCP
Subarea Plan conditions.
17. Before construction activities occur in areas contammg sensitive biological resources, all
workers shall be educated by a qualified biologist to recognize and avoid those areas which
have been marked as sensitive biological resources.
Geology and Soils
18. Prior to issuance of building permit, the applicant shall demonstrate that all building pads built
within 15 feet of the mapped La Nacion trace fault should contain a minimum of 5 feet of
compacted fill beneath all footings to the satisfaction of the City Engineer as indicated in the
CTE report (dated August 11,2004).
19. Prior to issuance of a grading permit, the detailed measures identified in the geotechnical report
prepared by Christian Wheeler Engineering (dated January 25, 2002) must be noted on the
27
___.._..._...___._.__.__.._.....m....___~_____.__.__.________._
...----.....-..........---
.......-----.-...........-...................-..--.--.....--.------..----....._.._..._._-_._...__.._----_...._._._------_._--~.
grading plans and implemented prior to and during site preparation and construction to the
satisfaction of the City Engineer.
Hydrology and Water Quality
20. Prior to issuance of a grading permit, the detailed measures identified in the Storm Water
Management Plan prepared by CDS Civil Engineers (dated December 13,2004) must be noted
on the grading plans and implemented prior to and during site preparation and construction to
the satisfaction of the City Engineer.
Noise
21. Prior to issuance of a building permit, the applicant shall submit a supplemental acoustical
analysis of the exterior building design elements for the buildings fronting Brandywine Avenue
(Buildings 1,3, and 4 of the proposed Site Plan) to ensure that the interior noise levels will not
exceed 45 CNEL to the satisfaction of the City Environmental Review Coordinator and City
Building Official.
TransportationlTraffic
The following are access-related mitigation measures and will be required as conditions of approval:
22. Prior to approval of Final Improvement Plans, the applicant shall submit a Striping Plan to
illustrate the safe site distance triangle for the access driveway to the project site and identify
the modifications to the existing Brandywine Avenue pavement markings along the project
frontage to the satisfaction of the City Engineer.
23. Prior to issuance of a building permit, the applicant shall contribute to the Traffic Development
Impact Fund (TDIF) and pay all applicable development fees for necessary traffic
improvements to the Brandywine A venue.
28
............-----.---........--....--.---.....-----........-.---.--........--
m......................._.............__..._......M.._______
.........._..........___.u.___...
.. ...---.---....__....._._.__..__......._m_..__.n__..........___.___m.______m_......
mmm._____...____..
xx. AGREEMENT TO IMPLEMENT MITIGATION MEASURES
By signing the line(s) provided below, the Applicant(s) and/or Operator(s) stipulate that they have
each read, understood and have their respective company's authority to and do agree to the
mitigation measures contained herein, and will implement same to the satisfaction of the
Environmental Review Coordinator. Failure to sign the line(s) provided below shall indicate the
Applicants' and/or Operator's desire that the Project be held in abeyance without approval.
6VHr/~~~ "
~.
Signature of App ic t
(or authorized representative)
6-~y)5
Date
Printed Name and Title of Operator
(if different from Applicant)
Signature of Operator
(if different from Applicant)
Date
XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at
least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless
Mitigated," as indicated by the checklist on the previous pages.
D Land Use and Planning 0 TransportationlTraffic D Public Services
D Population and Housing 0 Biological Resources D Utilities and Service Systems
0 Geophysical D Energy and Mineral D Aesthetics
Resources
D Agricultural Resources
0 Hydrology/Water D Hazards and Hazardous D Cultural Resources
Materials
0" Air Quality 0" Noise o Recreation
D Threshold Standards D Mandatory Findings of Significance
29
_._~-----_.__.._-~._--------__~__._..__.___________._.__.___________.__m
. ..-........_.______..._._._._._____ '__m......
-------- --...-- -- ----------- -
...---.----.....--.....-
..-..-......----..-..
XXII. DETERMINATION:
On the basis of this initial evaluation:
I find that the proposed project could not have a significant effect on the 0
environment, and a Negative Declaration will be prepared.
I find that although the proposed project could have a significant effect on the 0
environment, there will not be a significant effect in this case because the
mitigation measures described on an attached sheet have been added to the project.
A Mitigated Negative Declaration will be prepared.
I find that the proposed project may have a significant effect on the environment, 0
and an Environmental Impact Report is required.
I find that the proposed project may have a significant effect(s) on the environment, but at 0
least one effect: 1) has been adequately analyzed in an earlier docwnent pursuant to
applicable legal standards, and 2) has been addressed by mitigation measures based on the
earlier analysis as described on attached sheets, if the effect is a "potentially significant
impacts" or "potentially significant unless mitigated." An Envirorunental Impact Report
is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the 0
environment, there will not be a significant effect in this case because all potentially
significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable
standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including
revisions or mitigation measures that are imposed upon the proposed project. An
addendwn has been prepared to provide a record of this detennination.
Marilyn R.F. Ponseggi
Environmental Review Coordinator
City of Chula Vista
Date
J :\PlanningVosie\El_ Dorado\Enviro _ Docs\IS-02-045Checklist.doc
30
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APPLICATION APPENDIX 8
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 intF!rest in the property that is the subject of the application cr the
contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
CVHI, LLC
The Phair Company, Mgr.
~pvplnpmpn~ Contractor, Inc., Mgr.
2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with
a $2000 investment in the business (corporation/partnership) entity.
,jpff Ph;:! i r
Michael Grant
3.
If any person* identified pursua[1t to (1) above is a non-profit organization or trust, list the names of any,P.erson
serving as director of the non-profit organization or as trustee or beneficiary or trustor Df the trust.
i
L
4. Please identify every person, including any agents, employees, consultants, or independent contractors you have
assigned to represent you before the City in this matter.
The Phair Company
nev~lorm~n~ rnn~r~~~nr. Inc.
5. Has any person* associated with this contract had any financial dealings with an official** of the City of Chula
Vista as it relates to this contract within the past 12 months. Yes_ No-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? NoX _ Yes _If yes, which Council member?
L
276 Fourth Avenue
Chula Vista
California
91910
(619) 691-5101
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CITY OF
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APPLICATION APPENDIX B
Disclosure Statement - Page 2
7. Have you provided more than $340 (or an item of equivalent value) to an officia'.... of the City of Chula Vista in the
past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.)
Yes No -1L-
.-.-.--....
If Yes, which official.... and what was the nature of item provided?
Date: / {I - / 1- () 1.(
A. Grant
*
1v1;('n;:!,:>l:a f':r;:!ni;: Print or
type name of Contractor/Applicant
.president, Development Contractor, Inc
Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other
political subdivision, -or any other group or combination acting as a unit.
**
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board,
commission, or committee of tlie City, employee, or staff members.
L
.t
..--,. ....
L
276 Fou,th Avenue
Chula Vista
California
91910
(619) 691-5101
PLANNING COMMISSION AGENDA STATEMENT
Item: ~
Meeting Date: 08/10/05
ITEM TITLE:
Public Hearing: Otay Ranch Village Seven Sectional Planning Area (SPA)
Amendment (PCM-05-17) re-designating a portion of Neighborhood R-2
from SF-4 to RM-l- Otay Project, LP.
Otay Project, LP (Otay Ranch Company) has applied to amend the Village Seven Sectional Planning
Area (SPA) Plan Land Use Districts Map to re-designate the alley product lots within the Site
Utilization Plan Neighborhood R-2 from SF-4 to RM-1. This designation is required for densities
greater than 8 units per acre in conformance with the Village Seven SPA Plan and the Otay Ranch
General Development Plan (GDP).
The Environmental Review Coordinator has reviewed the proposed project for compliance with the
California Environmental Quality Act (CEQA) and has determined that the proposed project was
adequately covered in previously adopted Final Second Tier EIR (EIR-04-06), for the Otay Ranch
Village Seven SPA Plan and Tentative Maps. Thus, no further environmental review or
documentation is necessary.
RECOMMENDATION: That the Planning Commission adopt attached Resolution PCM-05-17
recommending that the City Council approve the Village Seven SPA Amendment to re-designate the
alley product portion lots of Neighborhood R-2 from SF-4 to RM-1.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable
DISCUSSION:
1. Background
On October 14, 2004, the City Council approved the Village Seven SPA Plan. The SPA Plan
depicted single-family lots in Neighborhood R-2 on the Site Utilization Plan (see Attachment 2).
However, the 170 alley lots shown on the tentative map, which range in size from 2, nO-sq. ft. to
3, 190-sq. ft., covering an area of approximately 11.4-acres and proposing a density of 14.9 dwelling
units per acre were shown on the Land Use Districts Map as SF-4 instead ofRM-1 (see Attachment
3).
The Village Seven SPA Land Use Districts definitions are as follows:
Page 2, Item_
Meeting Date 08/10/05
VILLAGE SEVEN SPA LAND USE DISTRICTS DEFINITIONS
SYMBOL GENERAL DESCRIPTION
SF3 Single Family Three: District which permits single family housing located on
lots >5,000 square feet
SF4 Single Family Four: District which permits single family housing located on
lots < 5,000 square feet.
RM1 Residential Multi-Family One: District which permits housing ranging from 8
units/acre up to 14.9 units/acre including small lot single family, alley, duplex,
townhouse and stacked flats product types
RM2 Residential Multi-Family Two: District which permits housing at densities
from 15+ units/acre.
CPF Community Purpose Facility: District which permits uses established pursuant
to the Community Purpose Facilities requirements of the P-C Planned
Community Zone
OS/P1 Open Space/Park One: District which permits developed or usable open space
and park uses, and may include naturalized open space
This amendment is "clean-up" in nature to the Village Seven SPA Plan, since the approved tentative
map for this portion of Village Seven showed lots designed for the alley product that would have
required the RM -1 land use designation.
This amendment will allow the property development standards in the RM -1 residential district to
change the front yard setback to an entry feature porch, veranda or semi-private courtyard to be
determined by Design Review in the Planned Community (PC) District Regulations.
Based on the Land Use Districts Map and Definitions, the alley product lots depicted on the
concurrently approved Otay Ranch Company subdivision (Tentative Map PCS-05-09) should have
been designated RM-l (see Attachment 4).
In addition, the applicant is requesting flexibility to provide a more substantial semi-public courtyard
in the front yard than what is allowed by the Planned Community (PC) Property Development
Standards.
An 8-ft. setback is currently required for a porch or veranda entry feature or a 6-ft. setback is
required for a semi-private courtyard, and the main residence setback for an alley product is a
minimum 10-ft. (see Attachment 5). The Otay Ranch Company is requesting these development
standards be determined based on the design of the alley project.
Page 3, Item_
Meeting Date 08/10/05
All multi-family land use districts (RM-1 and RM-2) developments must be reviewed and approved
by the Design Review Committee. The project proposes semi-public courtyards, which having a
fixed front yard setback would be prohibited unless the setbacks were granted the flexibility to be
determined by Design Review (see Attachment 6).
2. Site Characteristics
The alley product lots are located in the hub of the Otay Ranch Company portion tentative map,
surrounding the private pedestrian park. The overall tentative map shows that the only developable
portion currently is the northern quadrant. The southern portion is surrounded by the "VORT AC,"
the 50-acre parcel owned by the FAA.
2. General Plan. Zoning and Land Use
General Plan
The City's General Plan and Otay Ranch GDP designated the land within the Otay Valley Parcel for
urban villages that are transit-oriented and pedestrian friendly. Otay Ranch villages are intended to
contain higher residential densities and a variety of mixed-uses in the "Village Cores," surrounded by
single-family homes in the secondary residential areas outside of the village cores. The
Neighborhood R-2 planning area is a secondary residential area of Village Seven.
Zoning
The subject property is currently zoned Planned Community (PC), and within the Village Seven SPA
Plan Planned Community (PC) District Regulations the Neighborhood R-2 is designated Single
Family Four (SF-4). The proposal is to re-designate the alley product lots Residential Multi-Family
One (RM-1).
Land Use
Village Seven is currently undergoing grading operations in both the Otay Ranch Company and
McMillin Company Tentative Map portions. The Sweetwater Union High School District High
School 50-acre High School #13 site, primarily located in the McMillin map portion, was recently
graded and delivered to the school district.
3. Proposal
The applicant proposes to amend (a) the Village Seven Land Use Districts Map and (b) the Planned
Community (PC) District Regulations in order to:
(1) Designate the Neighborhood R - 2 alley product lots RM -1, and
Page 4, Item_
Meeting Date 08/10/05
(2) to allow for design review flexibility to the fixed front yard setback requirement for
pedestrian-oriented entry features such as porches, verandas and semi-public courtyards.
4. Analysis
The proposed amendment to the Village Seven SPA Plan Land Use District Map and the Planned
Community (PC) District Regulations for front yard setbacks provides a necessary correction and the
potential for flexibility in evaluating and approving the alley products proposed in Village Seven.
The Land Use District Map amendment is a correction to an inadvertent oversight in the review and
approval process of the Village Seven SPA Plan. It is necessitated by the fact that both the housing
lot type (alley) and density (14.9 units/acre) require the RM-1land use district designation in order to
be developed.
With regards to the Planned Community (PC) District Regulation change requested, it appears that
the need for flexibility in the fixed front yard setback requirement for pedestrian-oriented entry
features such as porches, verandas and semi-public courtyards is warranted.
The open space provision for each ofthe alley product lots are somewhat constrained because ofthe
unique alley lot dimensions (average 34 x 80) and the fact that each unit must be detached. The type
ofhousing unit necessary at the prescribed density usually requires that the product be long, tall and
narrow, with a two or three story profile served by a pedestrian only entry in the front yard, and
attached two-car garage in the rear yard, a zero lot line side yard on one side, and a relatively small
(10-ft.) side yard dimension on the other. This leaves the front yard area as the only other open space
opportunity.
The Planned Community (PC) District Regulations currently require a minimum 8- ft. setback to an
entry feature such as a porch or veranda, and a minimum 6-ft. setback for a semi-public courtyard,
even though the main residence setback may only be 10- ft. for alley product. This requirement could
conceivably limit some building envelops to providing only 2 -ft. deep entry feature porches or
verandas, and 4-ft. deep semi-public courtyards, unless the main residence was set further back.
The request to allow design review flexibility for front yard pedestrian features such as porches,
verandas, and semi-public courtyards will allow for more usable open space amenities to be created
for the alley product, while also providing the potential for greater variation in the main residence
building setbacks along the street.
The minimum dimensions for porches, verandas, and semi-public (front yard) courtyards for lots less
than 40-ft. wide is 60-sq. ft. with a 6-ft. minimum dimension, requiring the other dimension to be a
minimum 10- ft. The required standard for deeper and wider dimension porches, verandas or
courtyard features will provide for a more usable open space amenity for alley product residents.
Page 5, Item_
Meeting Date 08/10/05
CONCLUSION:
Staffbelieves that the proposed amendment to the Village Seven SPA Plan correcting the Land Use
District designation and modifying the Planned Community (PC) District Regulations are consistent
with the Otay Ranch GDP policies, and recommends approval of the amendment.
ATTACHMENTS:
1. Otay Ranch Company Village Seven-SPA Plan Locator Map
2. Village Seven SPA Plan Site Utilization Plan
3. Village Seven SPA Plan Land Use Districts Map (Existing)
4. Village Seven SPA Plan Land Use Districts Map (Proposed)
5. Village Seven SPA Plan Residential Development Standards Yards & Setbacks (Existing)
6. Village Seven SPA Plan Residential Development Standards Yards & Setbacks (Proposed)
7. Application and Disclosure Statement
8. Planning Commission Resolution No. PCM-05-17
9. Draft City Council Resolution No.
J :\PLANNING\HAROLD\PCM-05-17PCREPORT.DOC
PROJECT
lOCATION
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT Otay ProJ'ect LP
C) APPLICANT: ,
PROJECT V'II 7
ADDRESS: I age
SCALE: FILE NUMBER:
NORTH No Scale PCM-05-17
PROJECT DESCRIPTION:
MISCELLANEOUS
Request: Village 7 SPA amendment
Related cases:
j:\planning\carlos\locators\pcm0517 .cdr 06.06.05
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INTRODUCTION
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P2ICPF.1 CPF {Common OS} 1.1
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5-1 High School (Deslgnal~ 23.4
S-3 Elem. School 11.1
OS Open Space (De.;gn"N) 47.8
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Clr. Circulation 62.9
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VILLAGE TOTAL 424.4
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CHUIA VISTA
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Exhibit 1.7
(8/24/04)
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Exhibit PC-l
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(08/24/04 )
11.3-6
PC DISTRlCTREGULATIONS
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Resideot~1 Multi-Family OrI~:Di$t(iclwl'Jjch w~rroitsho!JsiI'l9
RM1 rariging frQmS ul1!tslacmvploJ4.9ooitsfacreiocludingsmall
Jptsingle famil)'>all~>dup1ex, IOW!m()lJ~e and stac-kej;1Hats
pro(jl,l(llype.~ .
~M2 R~dential t\.MIi.Famr,yTv@:Di$lrk:t\.vhich fwrr\i!;$ housif"l',l al
densities from1!>+ unil$Jacte;
Ccmmof'lity ?urpOS& Fadlity:" DIslrkfwhi<:h ~fmjts'Js.es
CPF '!)~tabljshed p(lt$~al"lttotI)eCOt!'lJ1ltlMy PIJ!PO$& Fa<:ilitie$
(.(\ql.lfrementJ>Qf the P.cPl~ot1ed Comrnllni1yZ011e
OPefI Sp<lce/Park Qlle: DIslrict wnJcM. permits dev~lopoo or
OS/Pi uSab!$ opeosj)act-1and parkuse!>,aod may iOclude
J1al'-lmJ)zed opcnspa<:e
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RESIDENTIALDISTRlCTS
PROPERTY DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS
YARDS & SETBACKS
DEVELOPMENT LAND USE DISTRICT NOTES
STANDARD
SF3 SF4 RMl RM2
Minimum Front Yard Setback (Feet):
to direct entry garage 19.5 19.5 DR DR Measured fiom back of sidewalk. At least one
model, within any SF3 and SF4 neighborhood (SPA
Neighborhood), shall have the garage setback 5 feet
further than face of main residence. Maximum
driveway width shall be 16 feet. Variations to
driveway width in order to accommodate turning
movements for certain garage configurations may be
approved, subject to Design Review.
To side entry (swing in) 10 10 DR DR Maximum driveway approach width shall be 16 feet.
garage with or without
residential above.
(10 main residen~ 15 15 DR DR [May be reduced to 10 feet for alley produc0
8 ......
Co porch, entry featu~ 8 8 DR Fixed setback for RMI applies only to Single ~
veranda \'petached. _
( To semi-private courtyard)' 8 /'
6 6 DR Fixed setback for RM] applies only to Single Family
Detached...-
Minimum Side Yard Setback (Feet):
to adjacent residential lot 5 5 DR DR May be reduced for "Zero Lot Line" concepts
distance between detached ]0 10 DR DR May be reduced to zero for certain building types.
residences Refer to Village Design Plan.
to porch or veranda on comer 4 4 4/DR DR Measured fiom back of sidewalk. Fixed setback for
lot RMI applies only to Single Family Detached.
to property line of adjacent 10 10 DR DR RM I shall have 8 foot setback for featured side of
residential street promenade street.
to property I ine from second see see DR DR Additional building separation is required for certain
floor except side entry garage note note roof types as indicated in Sky Exposure Plane,
Exhibit PC-2. Refer also to Village Design Plan for
guidance.
to garage, including living 0 0 0 0
space above, with minimum
30 foot driveway setback
Minimum Rear Yard Setback (Feet):
to main residence 15 10 DR DR Second story (and above) may project 3 feet into rear
yard setback.
to garage with 30 foot tront 5 5 5 DR . Second story (and above) may project 3 feet into rear
yard setback and with living yard setback, subject to ZA Design Review.
area above
to garage off an alley 5 5 5 5 Second story (and above) may project 3 feet into rear
vard setback.
(08/24/04)
PC DISTRlCTREGULATIONS
II.3-13
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MAY. 31. 2005 11:21AM
NO. 564
P. 5
RESIDENTTALDISTRJCTS
PROPERTX DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS
YARDS & SETBACKS
"
I'
DEVELOPMENT LAND USE DISTRICT NOTES
STANDARD
SF3 SF4 RMl RM1
Minimum Prpnl Yard Sctback (FeCI);
10 direc! entry garage ]9,5 19.5 DR DR Mel!J:ured from baole of$idewalk, AlleM! one
/tIode\. within IIJJY SF3 111111 Sf''! neishborhood (SPA
Neighborhood), shall have the garage setback S feet
fIIrthe:r 1.hoUl face armwn residence. MMimum
driveway width shaJl be ]6 feeL V!IJ'illtions \()
driveway widllt in onier to accommodale Nming
mOvcmenls for cenain ganga configurations may bl!
approved, subject to Design Review.
To side cntIy (swing in) 10 ]0 DR DR M3;IIimllm drivcway approach width shall be 16 feeL
garasc wilb.or wilhoul
~idcntial above.
to mOln residence: 15 15 DR DR May be rcducc:d to 10 feet for alley product
La porch, entry fealure, or 8 8 D9 DR (~
veranda
To semi-private courryard 6 6 (D~ DR ( )
Minimum Side Yard Setback (Feet):
10 odja~nt residential Jot 5 S DR DR M~ be reduced for "Zcro Lot Linc" eonccpls
distance between detached 10 10 DR DR May be reduced to zero tor certain building types.
residences Refer to Village Design Pion.
10 poreh or veranda on comer 4 4 4/DR DR Measured from b3ek of sidewalk. Fixed setback for
Jot RMJ applies only 10 Single FIIJt1i1y DeLllehed.
10 property line of adjacent 10 10 OR DR RMl shall flllvc 8 fool selb~tk for featured sidc of
residential SlIcet promenade street.
La property line ftom second see sce DR DR Additionnl b\lildjng separ~ljon is required for certain
floor except side entry gnrage note nott roof types as jndicated in Sky Exposure Plane,
Exhibit PC-2. Refer also to 'Village Design PJan for
guidance.
10 garage, including living 0 0 0 0
space above, wjtl1 minlnJUm
30 foot driveway setback
Minimum Rell1 Yard Setback (Feel):
to main residence IS 10 DR DR Second story (and abov!;) may projecl3 feel into rear
yl!id setback.
to !IMage with 30 foot front 5 S 5 DR . Second story (liI'Id above) may project 3 fJ:el into renr
yard selback and with living }'!IJ'd sctbaclc, slIbjcct La ZA Dasign Review.
3TCa above
to glltagc off an aHcy S S 5 5 Second story (and sbove) may project 3 feet into rear
yard sClbaek.
(08/24/04)
PC DISTRICT REGULATIONS
II,3~ 13
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MAY. 31, 2005 11:21AM
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Plann
n g
CflY OF
CHUIA VISTA
NO, 564
p, 2
& Building
Planning Divisioh
Department
Development Processing
APPLICATION · DEVELOPMENT PROCESSING . TYPE B
Part 1
T e of R\!!....iew Re uested
o General Plan Amendment
o General DBvelopmeht Plan DNew (or) DAmendrnent
[] SPA/Specific Plan DNew (or) IKJAmendment
I!]: Zone Change
o Teht;:jUve SUbdivlsiol1 Map
o Annexation
o Olher:
A lieaticn Information
Applicant Name: Otay Pro ject, LI?
Applicant Address: 610 West Ash Street, Suite 1500, San Diego, CA 92101
Contact: Rania Hunter Phone: (619) 234-4050 ext. 107
Applicant's Interesr in Property (If applicant Is not the owner, the oWner's aUlhorlzation signature ar the end of this form is required
to process this request.) QJOwn 0 Lease 0 In escrow 0 Option 10 pLlrchase
Engineer/Agent: Hunsaker &0 Associates Address: 1Q179 Huennekens St., San Diego, CA 92121
Contact: Lex Williman Phone: (858) 558-4500
Primary contact is; /!J-App/icant 0 Agent 0 Email addressofprimarycontact:RHunter@otay:z;-anch.com
General Pro' ed Descri
Project Name: Village 7 SPA Amendment
General Description of Proposed Project: Amend the
neighborhood R-2 SF4/RM1 and modify
the six (6) foot front yard setba~k
RMl Zone.
Proposed Use:Residential
village 7 SPA PC District Regulations to Zone
the Property Development Standards to eliminate
to porch and semi-private courtyards within the
Information
Location/Street Address: Village 7
Assessor's Parcel #; 644-030-14
General Plan Designation: PC
Planned Community (if app",able): Otny
Current Land Use: Active grading
Total Acreage: 51. 0 Redevelopment Area (ir aplJ)/cabre):N/A
Zone DesignatIon: SF4
Ranch
General Plan Amendment
Proposed Land Use Designation: N/A
Justificalion for General Plan change:
276 Fourth Avenue
Chula Vista
Wilhln Montgomery Specific Plan? 0 Yes
29 No
Califotnia
(619) 691-5101
R>v 5.0~
Pg 1/2
91910
~.
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~7
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MAY. 31.2005 11:21AM
NO. 564
p, 3
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CHUIA VlSfA
APPLICATION · DEVELOPMENT PROCESSING · TYPE B
Part 2
General Development plan
General tJE!Velopment Plan Name:
Proposed land Uses I Total Acres:
Acres
Acres
Industrial/ Acres
Schools I Acres
Circulation I Acres
Open Space / Acres
CommBrc:ial1
Acres
Acres
Parks I
Community Purpose /
Public/Quasi /
Residential/Range:
Single Family Detached I
Single Family Attached I
Duplexes I
Apartments I
Condominiums I
to Units
to Units
10 Units
to UnitS
to Units
to Units
Acres
Acres
Acres
Acres
Acres
Acres
TOTALS I
Annexation
Prezonlng;
lAFCO Refer~nce #:
Tentative subdivision MQP
SubdiVisicm Name:
Minimum lot size:
CV Tract #:
Number of units:
Average lot size:
Zone Change
r3 Rezoning
Proposed zoning:
o PrB~oning
SF4/RMl
o Setback
Authorization
Print <lpplicant name:
Applicant Signature:
Date:
""n'own"n.m..'~
Owner Signature-: _. Date:
'Proof of ownership may ba reql,Jlred. letter of consent may be provided In lieu or signature.
611~/o!5
276 Fourth Avenue
Chula Vista
California
91910
(619) 691-5101
MAY. 31. 2005 11: 21AM
NO. 564
P. 4
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Plann ng & Building Department
Planning Division I Development Processing
CIlY'OF
CHUlA VISTA
APPLICATION APPENDIX A
Project Description & Justification
Project Name: Village 7 SPA AInendrnent
Applicant Name: otay project, LP
Please fully describe the proposed project, any and all cohstruction that may be accomplished as a result of approval of
this project, and the project's behefits to yourself, the property, the neighborhood, and the City of Chura vista. Include any
details necessary to adequately explain the scope ahqlor operation of the proposed project. You may Include any
background informatioh and sUIJportihg statements regarding the reasons for, or appropriateness of. the application. Use
an addendum sheet if hecessary.
For all Conditional Use Permits or Variahces, please address the required "findings" as listed in the Application Procedural
Guide.
This proPQsed proiect would amend the Otav Ranch Village Seven SPA PlanJPC District
Regulations Land Use Districts map (Exhibit PC-l) tQ designate nei.ghborhood R-2 a
combined S F41RM1 z one and would amend the (C ProPerty Development S tandards for
Residential Districts Yards & Setbacks" to eliminate the 6' minimum :tron! yard set back
to the porch. entry feature or veranda and to the semi-private courtyard setbacks will be
determined during design review. This proposal will authorize cons1ruction of alley
homes on the 34'x 80' lots previously approved bv the Planning Commission and City
COlUlciL while applYing the SF4 zone to the SO' x 85' single family lots within the R-2
neighborhood. Providing flexibility on the front-vard set-backs win result In 1m
interesting and varied streets cape and enhance overall pedestrian orientation.
276 Fourth Avenue I Chula Vista I California
91910
(619) 691-5101
MAV.31,200511:22AM
NO. 564
P. 7
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em OF
CHULA VlsrA
Plann
n g
&
Building
Planning Division I
Departmeht
Developmen[ Processing
APPLICATION APPENDIX B
Disclosure Statement
Pursuant to Council Policy 101.01, prior to any action upon matters that will require discretionary action by the Council,
Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial
interests, payments, or campaign contributions for a City of Chula vista 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.g., owner, applicant, contractor, subcontractor. material sup pifer.
Jim Ba.ldwin
Al Baldwin
otay Project, LP
2. If any person" identified pursuant to (1) above is B corporation or partnership, list the names of alii ndividuals with
a $2000 investment in the business (corporation/partnership) entity.
Jim Baldwin
Al :Baldwin
3. If any person" identified pursuant to (1) above is a non-profit organization or trust, list the name~ of any person
seNing as director of the non-profit organIzation or as trustee or beneficiary or trustor of the trust.
N/A
4. Please Identify every person, including any agents. employees, consultants, or independent contraotors you have
assigned to represent you before the City In this matter.
Kim John Kilkenny Ranie Hunter
Ken~ Aden Lex Willirnan
Rob Cameron
5. Has any person* associated with this contract had any financial dealings with an offlclalu of the City of Chula
Vista as it relates to this contract within the past 12 months. Yes_ No....1L-
If Yes, brietly describe the nature of the financial interest the offlcial-' may have in this contract.
6. Have you made a contribution of mora than $250 within the past twelve (12) months to a current member of the
Chula Vista City Council? No..x.. Ves ~ If yes, which Council member? .
276 Fourth Avenue
Cnula Vista
California
91910
(619) 691-5101
MAY. 31. 2005 11:22AM
NO. 564
P. 8
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CllY Of
CHUlA VISTA
Pia,,"
n g
& Building
Planning Division
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 officlalB of the City of Chula Vista In the
past twelve (12) months? (This Includes being a source of income, money to retire a legal debt, gift, loan, etc.)
Yes No ~
If Yes, which official'- ahd what was the nature of item provided?
Date; May 12, 2005
~~
Signature of Contractor/Applicant
Rania Hunter
type name of Contractor/Applicant
PrInt or
Person is defined as; any Individual, firm, co-partnership, joint ventura, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other
political subdivision, -or any other group or combination acting as a unit.
. ....
Official Includes, but is not limited to: Mayor, Council member, PlannIng Commissioner, Member of a board,
commission, or committee of the City, employee, or staff members.
276 Fourth 'Avenue
Chula Vista
California
91910
(619) 691-5101
MAY. 31. 2005 11:22AM
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CITY OF
CHUIA VISfA
NO. 564
P. 9
P I a n h
n g
& Building Department
Planning Division I Development Processing
APPLICATION APPENDIX C
Development Permit Processing Agreement
Per mil Applicaht:
Applicant's Address:
Type of Permit:
Agreement Date:
Deposit Amount:
otay :Project, LP
610 West Ash Street,. Suite 1500 I san Diego, Cl\ 92101
SPA Amendment/zone change
May 12, 2005
Deposit Account
ThIS Agreement (-Agreement") between the City of Chura Vista. a chartered municipal corporatIon rCity") and the
forenamed applicant for a development permIt (aAppllcann, effectIve as of the Agreement Date set forth above, is made
with referel1Ce to the following facts:
Whereas, Applicant has applied to the CIty for a perm,lt of the type aforereferenced ("Permit") which the City has
required to be obtained as a condition to permitting Applicant to develop a parcel of property; and,
Whereas, the CIty will Incur expenses In order to process said permit thl'Oughthe varIous departments and before
the various boards and commissions of the City ("Processing Services.); and,
Whel"eas the purpose of this agreement Is to reImburse the City for all expenses It will Incur In connectIon with
provIding the Processing Services;
Now, therefore, the parties do hereby agree, In exc:hahf1e for the mutual promises herein contained, as follows:
1, Applicant's Duty to Pay.
Applicant shall pay all of City's expenses incurred In providing ProcessIng Services related to Al>pllcant's PermIt, Including
all of City's direct and overhead costs related thereto, This duty of Applicant shall be referred to herein as ~Applicant's
Duty to Pay."
1.1. Applicant's Deposit Duty.
As partial performance of Applicant's Duty to Pay, Applicant shall deposit the amount aforereferenced (~Deposit.).
1.1.1. City shall charge Its lawful expenses Incurred In providing Processing Services against
Applicant's Deposit. If, after the conclusIon of processing Applicant's Pennlt, any port/on of the
Deposit rem aiM, City shall return said balance to Applicant without Interest thereon. Jf, durIng the
processing of Applicant's PermIt, the amount of the Deposit becomes exhausted, or is imminently
likely to become exhau~ted In the opInion of the e City, upon notice of same by City, Applicant
shall forthwith provIde such additional deposit as CIty shall calculate as reasonably necessary to
continue Processing Services. The duty of Applicant to Initially deposit and to supplement said
deposIt as herein required shall be known as MApplicant's Deposit Duty".
2. CIty's Duty.
City shall, upon the condition that Applicant is no In breach of Applicant's Duty to Payor Applicant's Deposit Duty,
use good faith to provIde processing servIces In relation to Applicant's Permit application.
2.1. City shall have 110 lIablHty hereunder to Applicant fOI" the failure to process Applicant's PermIt applicatIon, or
for failure to prOCess Applicant's Permit within the time frame reCjuested by Applicant or estimated by City.
276 Fourth Avenue
Chula VIsta I California I 91910
(619) 691-5101
MAY. 31.2005 11:23AM
. ~,~
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em OF
CHUIA VISTA
NO, 564
p, 10
Plann
n g
&
Building Department
Planning Division I Development Processing
Development Permit Processing Agreement - Page Z
2.2. By execution of this agreement Applicant shall have no right to the PermIt for which Applicant has applied.
City shall use Its discretion In valuating Applicant's Permit Application Without regard to Applicant's promise to pay for the
Procesalng Services, ot'the execution of the Agreemef1t.
3. Remedies.
3.1. SuspensIon of Processing
In addition to all other rights and remedIes which the City shall othe/Wlse have at law or equity, the City has
the right to suspend and/or withhold the processing of the PermIt whIch is the 5ubJect matter of this Agreement, as well as
the Permit WhIch may be th~ subJect matter of any other Pel'tTllt whIch Applicant has before the City.
~.2. Civil Collection
In addItion to all other rIghts and remedies which the City shall otherwise have at law 01" equIty, the City has
the rIght to collect all sums which are or may become due hereunder by civil action, and upo'n Instituting litigation to collect
same, the prevailing party shall be entitled to reasonable attomeys fees and costs.
4. Miscellaneous.
4.1 Notices.
All notices, demands or requests provIded for or permItted to be given pursuant to this Agreement must be In
writing. All notIces, demands and requests to be seht to any party shall be deemed to have been properly given at served
if pet'5onally served or deposited in the United States mall, addressed to such party, postage prepaid, registered or
certified, with return receipt requested at the addresses identified adjacent to the signatures of the parties represented.
4.2 Governing LawNenue.
This Agreement shall be governed by and construed In accordance with the laws of the State of California.
Any action arising under or relating to this Agreement shall be brought 001)' In the federal or state courts located In San
Diego County, State of CalifornIa, and if applicable, the City of Chula Vista, or as close thereto as possIble. Vetlue fer this
Agreement, and performance hereunder. shall be the City of ChUla Vista.
4.3. Multiple SIgnatories.
If there are multiple sIgnatories to thIs agreement on behalf of Applicant, each of such sIgnatories shall be
jointly and severally liable for the performance of Applicant's duties herein set forth.
4.4. Signatory Authority.
This sIgnatory to this agreement hereby waliants and represents that he is the dUly designated agent for the
Applicant and has been duly authorized by the Applicant to execute thIs Agreement on behalf of the Applicant. Signatory
shall be personally liable for Applicant's Duty to Pay and Applicant's Duty to Deposit In the eV~nt he has hot been
authorized to ~)C'ecute this Agreement by Applicant.
4.5 Hold Hatmless.
ApplicEltJt shaH defend, Indemnify and hold harmless the City, its elected and appointed officers and
employees, from and agaInst any claims. suits, actions or proceedings. JUdicial or admInistrative, for writs, orders,
InjunctIon or other relief, damages, liability, cost and expetlse (Including wIthout limltatJon attorneys' fees) arising out of
City's actions In processIng or issuing Applioant's Permit, or In exercising any discretion ~Jated thereto Including but not
limited to the gMl1g of proper environmental review, the holding of public haarlngs, the extension of due process rights,
except only for those claims, suits, actions or proceedings arisIng from the sols negligence or $ola willful conduct of the
City, its officers, or employees known to, but not objected to, by the Applicant. Applicant's indemnification shall include
any and all costs, expenses, attorney's fees and liability Incurrea by the City, Its officers, agents, or employees In
defending against such claims, whether the same pr()ceed to judgement or not. Further, Applicant, at Its OWn expense,
shall, upon wrf1ten request by the CIty, defend an)' such suit or actio" brought agaInst the Cfty, Its officers, agents, or
employees. Applicant's Indemnification of City shall not be limited by any prior or sUbsequent declaratIon by the
276 FOllrth Avenue
Chula Vista I C~lIfornia
91910
(619) 691-5101
MAY. 31. 2005 11:23AM
NO. 564
P. 11
. ~,~
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cnv OF
CHULA VISfA
Plal1h ng & Building Dep~rtment
Planning Division I Development Processing
Development Permit Processing Agreement - Page 3
Applicant. At Its sole discretion, the City may participate at its own expense In the defense of any such action, but such
partle/patlon shall not relieve the applicant of any obligation imposed by thIs conclitlon.
4.6 AdministrativB Claims Requirements and Procedures.
No suit or arbitration shan be brought arising out of this agreement against the City Unless a c:/ail1l has first been
presented In writing and filed with the City of Chula Vista and acted upon by the city of Chula Vista in accordance with the
procedures set forth in Chapter 1.34 of the ChUla Vista Municipal Code, as same may from time to time be amended, the
provIsIons of which are incorporated by thIs reference as if fully $et forth herein, and such policIes and procedur~s used
by the CIty In the Implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City
for the purpose of resolving any dispute over the terms of thIs Agreement.
Now therefore, the partIes hereto. having read end understood the terms and conditions of this agreement, do
hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto.
Dated: May 12, 2005
City of Chura Vista
276 Fourth Avenue
Chula Vista. CA
By;
Dated:
May 12, 2005
Otay project, LP
610 West Ash Street,
By. ~~an Die.o, CA 92101
Suite 1500
276 Fourth Avenue
Chula Vista I Callfor"la
91910
(619) 691-5101
RESOLUTION NO. PCM-05-17
RESOLUTION OF THE PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL APPROVE AN
AMENDMENT TO THE OTAY RANCH VILLAGE SEVEN
SECTIONAL PLANNING AREA (SPA) PLAN.
WHEREAS, the amendments which are the subject matter ofthis resolution are identified as
Exhibits "A" and "B" and attached to City Council Resolution and are commonly known as the Land
Use District Map exhibit and the Planned Community (PC) Property Development Standards for
Residential Districts Yards and Setbacks exhibit; and,
WHEREAS, an application (PCM-05-1 7) to amend the OtayRanch Village Seven Sectional
Planning Area (SPA) Plan was filed with the City ofChula Vista Planning and Building Department
on June 1,2004 by Otay Project, LP, The Otay Ranch Company ("Applicant"); and,
WHEREAS, the application request an amendment to the Otay Ranch Village Seven
Sectional Planning Area (SPA) Plan including a reclassification of a land use designation on the
Land Use District Map, and modifications to the Planned Community (PC) Property Development
Standards for Residential Districts Yards and Setbacks ("Project"); and,
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
proposed project was adequately covered in previously adopted Final Second Tier EIR (EIR-04-06),
for the Otay Ranch Village Seven SPA Plan and Tentative Maps. Thus, no further environmental
review or documentation is necessary; and,
WHEREAS, the Planning Commission set the time and place for a hearing on said Project
and notice of said hearing, together with its purpose, was given by its publication in a newspaper of
general circulation in the city and its mailing to property owners within 500 feet of the exterior
boundaries of the Project site at least ten days prior to the hearing; and
WHEREAS, a duly noticed hearing was held at the time and place as advertised, namely
6:00 p,m., August 10,2005, in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed.
WHEREAS, said hearing was conducted at 6:00 p.m., August 10, 2005, in the Council
Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter
closed.
NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the
Planning Commission, the Commission has determined that the approval ofthe Project is consistent
with the Chula Vista Municipal Code, City of Chula Vista General Plan, the Otay Ranch General
Development Plan, Otay Ranch Village Seven SPA Plan, and all other applicable Plans, 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 resolution approving the amendment to the Otay Ranch
Village Seven Sectional Planning Area (SPA) Plan with the findings in said resolution.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends
that a copy of this resolution be transmitted to the owners of the property and the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA
VISTA, CALIFORNIA, this 10th day of August, 2005 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Vicki Madrid, Chair
ATTEST:
Diana Vargas, Secretary
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY
RANCH VILLAGE SEVEN SECTIONAL PLANNING AREA (SPA)
PLAN
WHEREAS, the attached Exhibits "A" and "B" are commonly known as the Land Use
District Map exhibit and the Planned Community (PC) Property Development Standards for
Residential Districts Yards and Setbacks exhibit; and"); and,
WHEREAS, an application (PCM-05-17) to amend the Otay Ranch Village Seven
Sectional Planning Area (SPA) Plan was filed with the City of Chula Vista Planning and
Building Department on June I, 2004 by Otay Project, LP, The Otay Ranch Company
("Applicant"); and,
WHEREAS, the application request an amendment to the Otay Ranch Village Seven
Sectional Planning Area (SPA) Plan including a reclassification of a land use designation on the
Land Use District Map, and modifications to the Planned Community (PC) Property
Development Standards for Residential Districts Yards and Setbacks ("Project"); and,
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act (CEQA) and has detennined that
the proposed project was adequately covered in previously adopted Final Second Tier EIR (EIR-
04-06), for the Otay Ranch Village Seven SPA Plan and Tentative Maps. Thus, no further
environmental review or documentation is necessary; and,
WHEREAS, the Planning Commission set the time and place for a hearing on said
Project and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the city and its mailing to property owners within 500 feet of
the exterior boundaries ofthe Project site at least ten days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.,
August 10,2005, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission
and said hearing was thereafter closed; and,
WHEREAS, by a vote of X-X-X-X the Planning Commission recommended approval
the project; and
WHEREAS, a duly noticed public hearing was scheduled before the City Council of the
City of Chula Vista on said Project; and,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby find, determine, resolve and order as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing held on August 10, 2005, and the minutes and resolutions resulting
therefrom, are hereby incorporated into the record of this proceeding. These documents,
along with any documents submitted to the decision makers, shall comprise the entire
record of the proceedings for any California Environmental Quality Act (CEQA) claims.
II. COMPLIANCE WITH CEQA
The City Council hereby finds that the Project, as described and analyzed in the Final
Second Tier EIR (EIR-04-06), would have no new effects that were not examined in said
Final EIR [Guideline 15168 (c)(2)].
III. ACTION
The City Council hereby approves the amendment to the Otay Ranch Village Seven SPA
Plan, including a reclassification of a land use designation on the Land Use District Map,
and modifications to the Planned Community (PC) Property Development Standards for
Residential Districts Yards and Setbacks. The approval of the amendment is based upon
findings contained herein and is consistent with the City of Chula Vista General Plan, the
Otay Ranch General Development Plan, and all other applicable Plans, and that the public
necessity, convenience, general welfare and good planning and zoning practice support
their approval and implementation.
IV. SPA PLAN FINDINGS
A. THE OT A Y RANCH VILLAGE SEVEN SPA PLAN AMENDMENT IS IN
CONFORMITY WITH THE OT A Y RANCH GENERAL DEVELOPMENT
PLAN AND CITY OF CHULA VISTA GENERAL PLAN.
The Otay Ranch Village Seven SPA Plan amendment to re-designate a portion of
the Land Use District Map is a correction, and the modifications to the Planned
Community (PC) Property Development Standards for Residential Districts Yards
and Setbacks are consistent with the Otay Ranch General Development Plan and
Chula Vista General Plan.
B. THE PROPOSED AMENDMENTS TO THE OT A Y RANCH SPA ONE PLAN
WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF
THE INVOLVED SECTIONAL PLANNING AREA.
The Otay Ranch Village Seven SPA Plan amendment involves a land use
reclassification and modifications Planned Community (PC) Property
Development Standards for Residential Districts Yards and Setbacks, and will not
affect the orderly sequentialized development of the said SPA.
C. THE PROPOSED OT A Y RANCH VILLAGE SEVEN SP A PLAN
AMENDMENT WILL NOT ADVERSELY AFFECT ADJACENT LAND USE,
RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL
QUALITY.
The proposed amendment will not adversely affect adjacent land uses or
residential enjoyment, circulation or environmental quality. The proposed
amendment should actually improve residential enjoyment, circulation and
environmental quality. The potential to provide improved open space amenities
on each of the privately owned properties will improve aesthetics, circulation, and
pedestrian orientation amenities within the neighborhood, promoting by the goals
and objectives of the Otay Ranch General Development Plan. A comprehensive
street network serves the Project and provides for access to adjacent properties.
The proposed SPA Plan amendment follows all existing environmental protection
guidelines through the provision of mitigation measures specified in the Otay
Ranch Village Seven Final Second Tier EIR (EIR-04-06).
D. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT
SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION,
AND OVERALL DESIGN AND DEVELOPMENT STANDARDS ARE SUCH
AS TO CREATE A RESEARCH OR INDUSTRIAL ENVIRONMENT OF
SUSTAINED DESIRABILITY AND STABILITY; AND, THAT SUCH
DEVELOPMENT WILL MEET PERFORMANCE ST ANDARDS
ESTABLISHED BY THIS TITLE.
The Project does not involve areas planned for industrial or research uses.
E. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER
SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL
BE APPROPRIATE IN AREA, LOCATION AND OVER-ALL PLANNING TO
THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE
PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH
DEVELOPMENT.
The Project does not involve these Institutional, Recreational or similar uses.
F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND
ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON.
The circulation system depicted in the Village Seven SPA Plan is consistent with
the Circulation system identified on the City's General Plan and Otay Ranch
General Development Plan and contains adequate internal circulation consistent
with the policies of the Otay Ranch General Development Plan and the City's
General Plan. The Project will not add any new traffic volumes.
G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED
ECONOMICALLY AT THE LOCATION (S) PROPOSED AND WILL
PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES
NEEDED AT SUCH PROPOSED LOCATION (S).
There are no commercial developments proposed in any of the development areas
of Village Seven, therefore this finding does not affect the proposed amendment
consistent with the requirements of the Village Seven SPA Plan.
H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED
AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATffiILITY
WITH SAID DEVELOPMENT.
The Village Seven SPA Plan is consistent with the approved plans and regulations
applicable to surrounding areas and therefore, said development can be planned
and zoned in coordination and substantial compatibility with said development.
The proposed amendment to the Village Seven SPA Plan is consistent with the
Otay Ranch General Development Plan and Chula Vista General Plan.
V. CONDITIONS OF APPROVAL
The City Council hereby grants the Village Seven SPA Plan Amendment PCM-OS-I7
subject to the following conditions whereby the Applicant and all subsequent
beneficiaries shall:
1. Provide individual site plans for each affected property for review and approval by the
Engineering Project Manager for Village Seven to ensure or maintain that access is
available to sewer clean-outs at the property line, that sight distance at intersections
are maintained, and that encroachment pennits into City right-of-way or City
easements are obtained prior to any construction.
2. All front and side yard wall and fence heights shall comply with current zoning code
requirements.
3. Entrances into garages accessed from 20- ft. alleys shall provide adequate turning
room into garages, and the distance between garage doors with the alleys shall be a
minimum 30-ft.
4. Individual developments shall comply with the Otay Ranch Village Seven AQIP and
WCP.
VI. 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, revoke or further condition issuance
of all future building pennits issued under the authority of approvals herein granted,
institute and prosecute litigation to compel their compliance with said conditions or seek
damages for their violation.
VII. INV ALIDITY; 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, provisions, 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
Planning and Building Director
Ann Moore
City Attorney
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula
Vista, California, this 23rd day of August 2005, by the following vote:
AYES: Council members:
NAYS: Council members:
ABSENT: Council members:
ABSTAIN: Council members:
Stephen C. Padilla, Mayor
ATTEST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA' )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA)
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the lih day of July 2005.
Executed this 12th day of July 2005.
Susan Bigelow, City Clerk
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