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HomeMy WebLinkAboutPlanning Comm Rpts. /2005/11/30 REVISED AGENDA PLANNING COMMISSION MEETING Chula Vista, California 6:00 p.m. VVednesday, November 30, 2005 Public Services Building Council Chambers 276 Fourth Avenue Chula Vista, CA CALL TO ORDER: Madrid_ Felber_ Bensoussan_ Cortes_ Hom Nordstrom_ Tripp_ ROLL CALL/MOTIONS TO EXCUSE PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE APPROVAL OF MINUTES: October 12, 2005 October 19, 2005 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 PCC 05-24; Consideration of a modification to an existing Conditional Use Permit to allow for the doors along the south facing elevation of the existing truck terminal located at 120 Press Lane to be operational to 24 hours a day. Applicant: G.!. Trucking Staff recommends that public hearing be opened and continued to December 14, 2005. 2. 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: Rich Zumwalt, Associate Planner Planning Commission -2- November 30,2005 3. PUBLIC HEARING PCC 06-07; Conditional Use Permit to construct six (6) detached single-family residences in the R-3 Apartment Residential (R3-P22) Zone. Applicant: Miguel Patterson Project Manager: Lynette Tessitore Lopez, Associate Planner 4. ACTION ITEM: Direction on Policy Framework for Possible Amendment to Section 19.58.022, Accessory Second Dwelling Units. City Initiated. Project Manager: Luis Hernandez, Development Planning Mgr. DIRECTOR'S REPORT: COMMISSION COMMENTS: COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, request such accommodations at least forty-eight hours in advance for meetings, and five days for scheduled services and activities. Please contact Diana Vargas for specific information at (619) 691-5101 or Telecommunications Devices for the Deaf (TDD) at 585- 5647. California Relay Service is also available for the hearing impaired. AGENDA PLANNING COMMISSION MEETING Chula Vista, California 6:00 p.m. VVednesday, November 30, 2005 Public Services Building Council Chambers 276 Fourth Avenue Chula Vista, CA CALL TO ORDER: Madrid_ Felber_ Bensoussan_ Cortes_ Hom Nordstrom_ Tripp_ ROLL CALL/MOTIONS TO EXCUSE PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE APPROVAL OF MINUTES: October 12, 2005 October 19, 2005 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 PCC 05-24; Consideration of a modification to an existing Conditional Use Permit to allow for the doors along the south facing elevation of the existing truck terminal located at 120 Press Lane to be operational to 24 hours a day. Applicant: G.I. Trucking Project Manager: Jeff Steichen, Associate Planner 2. 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: Rich Zumwalt, Associate Planner Planning Commission - 2 - November 30, 2005 3. PUBLIC HEARING PCC 06-07; Conditional Use Permit to construct six (6) detached single-family residences in the R-3 Apartment Residential (R3-P22) Zone. Applicant: Miguel Patterson Project Manager: Lynette Tessitore Lopez, Associate Planner 4. ACTION ITEM: Direction on Policy Framework for Possible Amendment to Section 19.58.022, Accessory Second Dwelling Units. City Initiated. Project Manager: Luis Hernandez, Development Planning Mgr. DIRECTOR'S REPORT: COMMISSION COMMENTS: COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, request such accommodations at least forty-eight hours in advance for meetings, and five days for scheduled services and activities. Please contact Diana Vargas for specific information at (619) 691-5101 or Telecommunications Devices for the Deaf (TDD) at 585- 5647. California Relay Service is also available for the hearing impaired. MINUTES OF THE PLANNING COMMISSION MEETING Chula Vista, California 6:00 p.m. Wednesday, October 12,2005 Public Services Building Council Chambers 276 Fourth Avenue Chula Vista, CA CALL TO ORDER: Present: Absent: Felber, Bensoussan, Cortes, Madrid, Nordstrom, Tripp Hom Staff Present: Nancy Lytle, Assistant Planning Director John Schmitz, Principal Planner Jill Maland, Deputy City Attorney III ROLL CALL/MOTIONS TO EXCUSE MSC (Madrid/Nordstrom) (6-0-1-0) to excuse Cmr. Horn. Motion carried. PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE INTRODUCTORY REMARKS Read into the record by Chair Madrid ORAL COMMUNICATIONS No public input. 1. PUBLIC HEARING: PCC 05-53; Consideration of Conditional Use Permit proposing an outdoor seating area associated with a fast food restaurant (Baja Taco Shop) to be located at 1052 Broadway. (Quasi-judicia/). Background: Ann Pease gave an overview of the project as described in the staff report and stated that the owner of the Baja Lobster Restaurant and Nightclub is requesting permission to convert the existing building on the adjacent parcel into a fast-food taco shop, with a palapa-covered open-air seating area. To the west of this parcel is a single-family residential neighborhood, and to the south is a restauranUnightclub. The applicant intends to use the two parking lots on each parcel for both businesses. Upon receipt of the public notice, staff received numerous calls from neighbors expressing concern with the proposed 24-hour fast-food taco shop, which in their opinion would exacerbate existing problems related to noise, traffic and parking associated with the adjacent Baja Lobster Restaurant. Staff informed the applicant of the concerns raised by area residents, and subsequently he agreed to abandon his desire to be open 24-hour and made modifications to building elements, such as restroom access and the addition of security gates that would secure the restaurant when closed. Staff Recommendation: That the Planning Commission approve the proposed outdoor seating at the new fast food restaurant, with a limitation on the hours of operation for the restaurant, among other conditions of approval. 6:09:20 PM 6:09:32 PM 6: 10:27 PM 6:11:20 PM 6:18:22 PM 6:20:34 PM 6:26:42 PM 6:34:37 PM Planning Commission -2- October 12, 2005 Questions from the Planning Commission: Cmr. Tripp inquired if this project proposed to expand or transfer an existing ABC license. Ms. Pease responded that the taco shop did not propose to sell alcoholic beveages. Cmr. Bensoussan inquired if, there were any plans to upgrade the Baja Lobster Restaurant. Ms. Pease responded that the only upgrade affecting the two parcels is a new landscaped strip along the dividing line between parcels. Cmr. Felber stated that if the parking lot landscape meant the elimination of much-needed parking spaces, in his opinion, the community is beter served by providing a maximum number of parking spaces; he asked if there was some latitude on the landscaping requirement. Ms. Pease responded that the landscaping is a prerequisite for developing the site. Cmr Tripp noted that the staff report indicates that as long as the restaurant has open air seating, the hours of operation are restricted, however, he noted that on the north elevation a retractable partition is proposed in the area where the open seating is, and in his opinion, at some future date, the argument could be made that it is an enclosed restaurant, therefore, the hours of operation are not restricted. Ms. Pease responded that because they are open to the outdoors while they are conducting business, its considered an open-air taco shop. The proposal for enclosing the outdoor seating area is their way of closing it off between 9:00 p.m. and 7:00 a.m. There are still no walls around the seating area while its open for dining or while its closed. Public Hearing Opened. Oscar Paredes, 3982 Caseman Ave., San Diego, Architect gave an overview of their proposal stating that this corner parcel has been under-developed and previous uses include a bike shop and key shop. Cmr. Cortes, stated that he's committed to promoting reinvestment in this area of town through the development of quality projects. Cmr. Cortes further stated his concern with safety issues associated with the operation of the adjacent restaurant/nightclub operation and inquired if the applicant has or intends to have on-site security. Furthermore, he asked if the applicant foresees enhancing the restaurant/night club's image in the near future. Marco Espinoza, 1220 12th Street Imperial Beach, owner responded that they have two security guards on site for the restaurant/nightclub establishment who start at 9:00 p. m. to closing time. Mr. Espinoza stated that they do have plans to make fa9ade enhancements to the Baja Lobster Restaurant, but are waiting first to go through the approval process for the fastfood taco shop. Cmr. Nordstrom wished Mr. Espinoza a successful and profitable business, however, as an observation, he questioned if the applicant had seriously considered the economic impacts that the reduced hours of operation may have on his business. Mr. Paredes stated Mr. Espinoza has done his homework with cost and profit projections and in a Planning Commission -3- October 12, 2005 good-faith effort to be sensitive to the concerns expressed by the neighborhood has decided to proceed with the reduced hours of operation. 6:36:25 PM Cmr. Tripp also commended the applicant for developing this site and asked for further clarification as to the nature of complaints that have been tiled with the Police Department and what hasbeen done to mitigate them. Additionally, he asked if there were any plans to have amplified music at this new establishment. Mr. Espinoza responded that the nature of the complaints were loud music and people yelling in the parking lots. However, ever since they hired two security guards that patrol on foot the length of both parking lots from the hours of 9:00 p.m. to 2:30 a.m., during which the restaurant/nightclub is opened, the complaints and incidences have dramatically been reduced. Mr. Espinoza also stated there were no plans to have amplified music in the fast-food taco shop. A discussion followed regarding the most current set of landscaping plans and what plans will be required when they go before the Design Review Committee. 6:43:25 PM Close Public Hearing 6:43:39 PM Cmr. Tripp stated initially he had some reservations, however, after hearing both staff and the applicant's presentations, he is a little more sanguine about the project, especially since the applicant has agreed to make changes to help mitigate some concerns. He concurs with staff's recommendation to have a 5-year duration period for this CUP, with the possibility of extensions after there has been discretionary review by staff and/or the Planning Commission. Cmr. Tripp would also like to add the following conditions: . That no live or amplified music be allowed . That a full set of landscaping plans be reviewed by the DRC, and . That two security guards be assigned to the parking lots between the hours of 9:00 p.m. to 2:30 a.m. MSC (Tripp/Cortes) (6-0-1-0) that the Planning Commission approve the proposed outdoor seating at the new fast food restaurant with a limitation on the hours of operation for the restaurant, including the following conditions . That no live or amplified music be allowed . That a full set of landscaping plans be reviewed by the DRC, and . That two security guards be assigned to the parking lots between the hours of 9:00 p.m. to 2:30 a.m. Motion carried. 2. ACTION ITEM: PCA 05-02; Direction on Policy Framework for Proposed Regulations for Check Cashing, Deferred Deposit and Payday Advance Business. 6:49:32 PM Nancy Lytle stated that upon recommendation by the Planning Commission, the City Council adopted Urgency Ordinance 3001-A on April 26, 2005 and extended the interim regulations in Urgency Ordinance 3001-8 on May 25,2005. Planning Commission -4- October 12, 2005 Ms. Lytle stated that staff would like direction and recommendations from the Planning Commission on the following policy questions: 1. In which zones should we continue to allow check cashing under the more stringent regulations? 2. Is the City willing to accelerate the elimination of non-conforming check cashing establishments through an amortization program? 3. What performance standards or requirements should be included in the ordinance? Ms. Lytle stated that included as an attachment to staff's report were performance standards contained in the City of Oakland ordinance that could be used in our ordinance, they are: . Minimum distance between activities · Minimum distance to sensitive uses . Additional performance standards to regulate blight security and adverse impacts. 7:00:38 PM Public Hearing Opened Carls Higgins, his firm represents the Community Financial Services Association (CFSA) in San Diego stated they are working with other jurisdictions, i.e. National City, Oceanside and Escondido that have similar goals as the City of Chula Vista. Mr. Higgins stated they are in the process of drafting a model ordinance with the City of National City, which addresses every issue that staff has mentioned and contains studies that would be of value to staff in preparing their report that will be coming back to the Planning Commission. Therefore, he respectfully requested that they be granted 45 to 60 days to complete their report and work with staff in order to present the Commission with a high quality comprehensive document. 7:02:46 PM Cmr. Nordstrom inquired if these institutions provide any kind of tax revenue to the City and if there are minimum design standards that are required of them Nancy Lytle responded that financial institutions do not provide tax revenue as would retail, and there are no minimum design standard; if they can meet building code standards they can fit into any storefront. 7:04:32 PM Cmr. Felber stated that by disallowing them in the CT & CN zones, and allowing them in other commercial zones, i.e. urban core, it would appear that you are moving one set of problems into another location in the City. Cmr. Felber asked for clarification on how a nonconforming use would be eliminated through an amortization program. Ms. Lytle responded that the method of terminating a nonconforming use is to provide an amortization period in which the use is subject to loss of its legal status within a reasonable timeframe. The timeframe could be as long as 15 years, however, this is an area that would require the use of experts to conduct the economic research to back-up an amortization timeframe. 7:16:28 PM Cmr. Bensoussan stated that the amortizations should be on a case-by-case basis because one facility may have a much larger monetary investment over another and that should be part of the equation. Cmr. Bensoussan inquired if the Planning Commission could make a recommendation to extend the Planning Commission -5- October 12, 2005 areas that would preclude these uses in other urban core specific plan areas Hie V1, V2, V3. Ms. Lytle responded that the urban core iswithin the purview of the Planning Commission and will have a recommending role in the UCSP. Cmr. Bensoussan inquired if there could be a cap on the number of establishments that can be located within a specific area in the City. Ms. Maland responded that a way to accomplish this would be to place in the ordinance a minimum distance requirement between activities. Cmr. Bensoussan stated that she would recommend increasing the minimum distance requirement to 1,000 or 1,500 feet for both the proximity to each other and the proximity to sensitive uses. Cmr. Cortes pointed out that the check cashing ordinance has been a pet project of his and is pleased to see the expediency with which it has moved forward in the eventual adoption of a good ordinance. 7:26: 17 PM Cmr. Cortes informed the Commission that Councilmember Castaneda has scheduled a meeting on October 18 to meet with check cashing industry reps, and indicated his desire, with the Commission's concurrence, to be the Planning Commission representative attending this meeting. 7:29:23 PM Cmr. Madrid stated she would like to see an aggressive, short-term amortization program; would like to significantly increase the distance between activities; and would support to have Cmr. Cortes be in attendance at this meeting as the Planning Commission's rep. 7:30:46 PM Cmr. Tripp trip asked Mr. Higgin to expound on the nature of the demand for these establishments. He indicated they appear to be serving, in many cases, a segment of the population that is economically under-privileged, at much higher rates than what is charged for check cashing and loans through a traditional financial institutions. Mr. Higgins stated that for the most part, many of their patrons are looking for a quick, short-term resolve to an unexpected or emergency financial situation. In many cases their patrons do not possess a credit profile and would be turned away by traditional institutions. The check cashing industry offers their patrons, at a higher risk, a means by which to resolve their short-term financial needs. 7:40:27 PM Public Hearing Closed. Cmr. Nordstrom stated that he supports Cmr. Cortes attending the meeting with industry reps, however, for edification purposes, he'd like to see it open to other members of the Commission who are interested in attending as well. Cmr. Nordstrom stated that the recommendations offered by his colleagues are good, and just wanted to point out that this is a much bigger issue and social-economic phenomena, that is not within the Commission's purview to solve. Ms. Lytle stated that other members of the Commission are welcome to attend, however, in keeping with Brown Act requirements, the meeting would need to be noticed just in case there is a quorum of the Planning Commission. Planning Commission -6- October 12, 2005 Cmr. Felber stated he supports Cmr. Cortes attending this meeting, and if his schedule allows would also like to attend. Cmr. Felber stated he concurs with Cmr. Bensoussan's earlier comment regarding an amortization schedule being on a case-by-case basis. He also supports the zoning restrictions along Broadway, however, he would hate to see the concentration of these establishments move from one area to another. 7:46:43 PM Cmr. Bensoussan stated that we have a good model ordinance in the Oakland Ordinance to follow, with our own particulars and cleaning up some of the legalities; she opposes delaying moving forward in drafting the ordinance. As an observation point, in her opinion, its not so much that there is a demand for these services, but rather, that they are very lucrative and do not require much of an investment to set up for business. MSC (Bensoussan/Madrid) (6-0-1-0) that the Planning Commission support Cmr .Cortes attending the meeting with CouncilmemberCastaneda and industry reps and that he relay at this meeting the issues and recommendations brought up by the Commission at tonight's meeting. Motion carried. DIRECTOR'S REPORT: Ms. Lytle reported on: . The new Planning and Building Newsletter that will go out quarterly . The Community Development Department is looking at holding a workshop on the Housing Element in mid November . First Planner's Brown Bag lunch was held; attending was staff, members of the public and a guest speaker from the International Association of Public Participation COMMISSION COMMENTS: Cmr. Felber recommended consideration of having the brown bag lunch meetings held on Fridays in order to maximize participation and get those in the work force who have Friday's off. Cmr. Nordstrom disclosed that he had been approach by Mike Spethman who invited him to take a look at what an ADU should look like when its constructed according to regulations and with sensitivity to the surrounding neighborhood. He was also contacted by the new representative for the Realtors Association. 8:01:] 1 PM Meeting adjourned to October 19,2005. Submitted by: Diana Vargas, Secretary to the Planning Commission MINUTES OF THE PLANNING COMMISSION Of the City of Chula Vista 6:00 p.m. Wednesday, October 19,2005 Public Services Building Council Chambers 276 Fourth Avenue Chula Vista, CA 91910 CALL TO ORDER AND ROLL CALL: Members present: Cmr. Felber, Bensoussan, Cortes, Hom, Nordstrom, Tripp Member(s) absent: Madrid Staff members present: Jim Sandoval, Director of Planning & Building Luis Hernandez, Development Planning Mgr. John Mullen, Deputy City Attorney III MOTION TO EXCUSE: MSC (CorteslTripp) (6-0-1-0) to excuse Cmr. Madrid. Motion carried. PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE: APPROVAL OF MINUTES: September 28, 2005. MSC (Tripp/Nordstrom) to approve minutes of September 28, 2005 as submitted. Motion carried INTRODUCTORY REMARKS: Read into the record by Vice Chair Hom ORAL COMMUNICATION: No public input. 6:08:32 PM 1. ACTION ITEM: Direction on Policy Framework for Possible Amendment to Section 19.58.022, Accessory Second Dwelling Units. City Initiated. 6:11:07 PM Cmr. Tripp disclosed that throughout the course of his career he has processed a number of accessory dwelling units. Additionally, he requested from staff a list of ADU's that have been processed since the adoption of the ordinance, and was provided a list of 69 addresses; four of which are problematic. He drove by the four that are problematic and some that are not, and took pictures from the public right-of-way. Background: Luis Hernandez delineated the history of what led to the adoption of the present ordinance in January 2003. His presentation included current development standards and proposed amendments in the following areas: · Size of ADU . Additional limitations on unit location · Parking requirements · Building setbacks · Building height Planning Commission Minutes -2- October 19, 2005 · Building separation · Open space · Design guidelines Mr. Hernandez reported that since the adoption of the ordinance, 69 ADU's have been built or are in the process of being built; notwithstanding, a significant number of complaints from area residents have been received. The issues of concern primarily relate to the proximity of the units to the adjacent properties, its size, and their effect in compromising the integrity of the single-family residential neighborhoods. Upon investigation of the complaints, staff found that all of the projects that have been approved for construction are in compliance with the adopted ordinance. In July 2005 the City Council directed staff to address the issues raised by the residents and to review the current ordinance and prepare potential modifications for their consideration. Mr. Hernandez stated that the purpose of tonight's meeting is to present the research that staff has done and potential amendments to the ordinance. One concept of significant importance is the realization that "one size unit does not fit all lots". Therefore, in relation to lot size and unit size, the following table depicts the existing regulations and the proposed changes: LOT CATEGORY Unit size for lots less than 5,000 sf Unit size for lots 5,000 to 6,999 sf Unit size for lots 7,000 to 19,999 sf Unit size for lots 20,000 sf or laraer EXISTING ORDINANCE NOT ALLOWED 850 sf 850 sf 850 sf POSSIBLE AMENDMENT NOT ALLOWED 450 sf 650 sf 850 sf Staff Recommendation: That the Planning Commission consider the alternatives presented in the report and provide policy direction to staff. 6:32:54 PM Commission Comments: 6:33:08 PM Cmr. Felber inquired if it's possible to have a building cap on the number of units that can be built in a given time-period. John Mullen, City Attorney responded that according to State law a request to construct an ADU could be denied if findings could be made that its construction would have adverse impacts to public health, safety and welfare. Setting an arbitrary cap in the number of units that could be constructed in a given time-period would be in violation of State law. 6:36:06 PM Cmr. Bensoussan asked for clarification on what is being asked of the Commission following tonight's public testimony. Mr. Hernandez responded that the purpose of the meeting is to present staff's proposed amendments, to ensure that they are aligned with the Commission's wishes and to receive their input. Mr. Sandoval clarified that any comments or concerns that are raised tonight will be addressed in staff's report that will come back to the Planning Commission for their deliberation before it goes to Council. Planning Commission Minutes -3- October 19, 2005 6:40:31 PM Cmr. Tripp asked Counsel for a brief run-down on case law pertaining to owner-occupancy requirements for either the primary residence or the accessory unit and the ability to rent out either one of the units. Mr. Mullen responded that in the Santa Monica case, the City limited who could occupy the accessory unit. The Court of Appeals issues a published opinion invalidating that restriction and ruled that the city cannot regulate who occupies it. Mr. Mullen also stated he found no case law or opinions issued by the courts with respect to the primary residence. Cmr. Tripp inquired if staff had a sense of what percentage of the subdivided lots in the west side of the City are 7,000 sf, 10,000 sf and 20,000 sf. Mr. Hernandez responded he did not have a good sense of the percentage breakdown, however, 7,000 sf lots are very typical in western Chula Vista. 6:55:45 PM Cmr. Hom asked what, if any, are the noticing requirements. Mr. Hernandez stated that presently there is no noticing requirement because the applications are processed ministerially. As long as the criteria set out in the ordinance are met, the building permits will be issued. This is a policy matter that is within the Commission's purview to direct staff to look into establishing a noticing requirement. In Cmr. Madrid's absence, she asked Cmr. Hom to inquire if the applications for ADU's could be brought before the Planning Commission for approval. Mr. Sandoval responded that under the new State law, local jurisdictions have lost their ability to review these applications as discretionary permits and the law requires that they be handled through a ministerial process. 7:01 :33 PM Public Hearing Opened. 7:01 :57 PM Frank Luzzaro, 95 D St., Chula Vista (next door to 97 D St., in process of acquiring permits to build an ADU) read into the record a portion of the current ordinance, which addresses the issue of existing non-conforming lots. Mr. Luzzano questioned why the City is allowing units to be built on existing non-conforming lots such as the one at 97 D Street. He further stated that if this unit is allowed to be built, with its narrow side yard setbacks, it will mean that the new structure will be 5 feet away from his line of sight from his property. Mr. Luzzaro stated he has retained an attorney to help him fight this and asked that staff answer why the ADU at 97 D Street is being allowed. John Mullen cautioned that discussion of any item or specific project that is not on the agenda is in violation of the Brown Act. He clarified that what's been noticed in the agenda is the consideration of general requirements and the Commission's recommendations with respect to the Accessory Second Dwelling Unit Ordinance. 7:10:18 PM Susan Luzzaro, 95 D Street, Chula Vista, stated she did not hear in staff's presentation anything about topography, which is of great importance. Additionally, there needs to be a means by which to verify that the ADU is compatible with the primary residence with respect to design, color and materials. Mrs. Luzzaro stated that in her research she has found that other jurisdictions have placed a minimum distance requirement from where one ADU may exist from another. She strongly opposes lifting of any parking requirements. Planning Commission Minutes -4- October 19, 2005 7:13:59 PM Kevin O'Neill, 621 Del Mar Ave., Chula Vista, offered the following comments I recommendations: . If off-street parking is behind a gate; a requirement should be that it be operated by remote control . Staff should provide a courtesy notice to residents within 100 feet radius, succinctly describing what project entails (size, design, color, and materials) . Can't limit to 5000 sf lots or greater because if FAR and lot coverage allows a second story addition, you can't keep them from making that second story a second unit. . Parking requirements need to be upheld to present standards regardless of whether the house is non-conforming. 7:19:51 PM Jose Orizaga, 323 Spruce, Chula Vista; lives down the slope from where the ADU is in process of construction. Opposes its construction because of the many impacts it will have on his property; mainly, rainwater run-off, privacy issues, and parking. Says it will negatively impact the character of the neighborhood. 7:24:18 PM William Yancey Sr., 305 Spruce Street, Chula Vista, gave a brief historical context of the neighborhood he takes pride in, having bought his home in 1968. He urged the Commission to carefully consider the recommendations they will bring forth as it relates to the proposed ordinance amendment and how their recommendations for setting policies affect people's lives. 7:28:03 PM Linda Yancey, 311 Spruce St., Chula Vista, addressed the 325 Spruce project, stating she is disheartened to learn that no one from the City did a site visit when the applicant submitted his proposal to build the ADU. If they had done so, they would have seen the constraints of the lot, Le. topography, access, parking and privacy issues impacting the surrounding neighbors. Ms. Yancey stated she built an accessory unit, but before she even submitted plans to the City she first ensured that she had the support of her neighbors; she explained to them what her plans were. When construction was complete, there were no visible impacts to the surrounding neighborhood; her unit was compatible not only with the main residence, but with the surrounding neighborhood. At minimum, the neighbors whose properties abut where the new structure is being proposed must be notified. 7:31:32 PM Mike Spethman, 616 Claire Ave., Chula Vista, stated he too built an 850 sf ADU. Presently, the City has regulations that require that the unit be compatible with the primary residence and character of the surrounding neighborhood, however, to look at the end-product on many of these units, they look as though they were allowed to be built with no oversight from the City. Mr. Speth man stated that issuance of any building permits for an ADU must be contingent upon any existing non-conforming issues whether they be structural or related to parking must be brought into conformance concurrently with the construction of the new addition. Mr. Speth man urged the Commission to uphold the 850 sf requirement otherwise if its lowered, it will create a scenario that enables a two-car garage to be converted into living area. 7:36:34 PM Pam Buchan, 532 Hibiscus Ct., Chula Vista, submitted a letter in which she points out some of her concerns as well as an attachment of the City of Vista's ADU Ordinance, which addresses affordability requirements. She also questioned why the City appears to be waiving the existing requirements on the books with respect to bringing the existing structures into compliance before they are granted building permits. Mr. Sandoval clarified a couple of issues that were raised, the first one being that the language in the ordinance regarding non-conformity is referring to structures, not the lot itself. Pursuant to Planning Commission Minutes -5- October 19, 2005 the Subdivision Map Act, you can have a legal lot that doesn't meet the Subdivision Act standards, but its still a legal lot. The reason is that when it's a structural non-conformance, you have the ability to bring it into conformity, however, with regard to lot width, you cannot make a 50 foot wide lot any wider. Secondly, the City has the ability notice a proposal for an ADU, however, because it is ministerially processed and not a discretionary permit, a public hearing of the Planning Commission or Design Review Committee cannot take place. One option that has been tried in another jurisdiction is to request that the applicant post the site with a brightly-colored notice in the front of his property informing his neighbors of his intent. 7:44:17 PM Fred Kohls, 685 Oaklawn Ave., Chula Vista, representing Crossroads II walked through a Power Point presentation and issues paper; it pointed out: . "... a permitted atrocity" (Le. 325 Spruce Street ADU) . Not all ADU's are bad; sample of conscientious planning and following the rules (Le. Mr. Speth man's ADU) . Exciting times in planning for Chula Vista's future, Le. GPU . Preserve sanctity of Single-Family Residential neighborhood Focus on major issues; they are: . Require neighbor notification at the time application is submits (be a good neighbor) . Develop a Design Standards Manual and refine and tighten-up the requirements . The present ordinance gives th'e Zoning Administrator authority to approve design proposals and in the absence of notification requirements, this would mean that there would be DRC review only if there are disputes between the applicant and the ZA. . The Planning Director ought not to be able to waive standards; if standards cannot be met, a permit should not be issued. . Permitting process should include notification, city inspection of the property should be made to confirm the property is able to meet all of the requirements, prior to taking in the application and beginning permitting process · Institute inspection fee to cover this requirement . Upon inspection of property, should any non-conforming issues be found, inspector should provide a list to the applicant . As part of the permitting requirements, owner-occupancy must be required in either the main residence or the ADU . Limit size to 650 sf or 50% of primary residence (agree with staff's recommendation of having a graduated scale according to lot size) . Setbacks for ADU should be the same as that of the main structure . Current ordinance requires one additional parking space per ADU; we recommend one additional parking space per bedroom · Same height requirements as primary unit is insufficient . Remove from ordinance the allowance of second property address . Revised ordinance should prohibit use of easements for access to the ADU . City should temporarily freeze permits that have been issued on properties or plans that cannot meet the basic requirements · No deviation or variance to ordinance 8:01 :37 PM Public Hearing Closed. Planning Commission Minutes -6- October 19, 2005 Commission Discussion: 8:03:14 PM Cmr. Tripp stated it has been his personal experience that no matter how well an ordinance or development standards are crafted, they apply to approximately 90% of the cases, i.e. only 4 out of the 69 that have been built in Chula Vista have been problematic due to unforeseen lot conditions with extreme topographic variations. As previously stated, the City has been preempted by the State and cannot require a discretionary permitting process for ADU's. His experience in assisting people through both the discretionary and ministerial process, recognizing the need for balance in both, in his opinion, whenever a homeowner is attempting to do something to his property, anytime it can be done ministerally; is a blessing. 8:10:46 PM Cmr. Nordstrom. stated that this is too big and important of an issue to attempt to come up with a recommendation tonight. Cmr. Nordstrom indicated he would like to have staff compile a comprehensive document that includes their recommendations and response to comments taken from tonight's public testimony and to allow the Commission time to review and digest its content to be able to come back with an informed, thought-out recommendation to Council. 8:12:14 PM Cmr. Felber offered the following recommendations: . Increase the side yard setback on both sides to 10 feet from the property line . Require applicant notify area residents of his intent to construct an ADU . Implement owner-occupancy in one of the units . Don't waive parking requirement even for small units (on site parking) . Requiring a garage to be built in order to fulfill off-street parking requirements is not necessarily the best option because you are increasing building mass . Require installation of remote operated gate control for off-street parking . Give an intermediate option to larger lots in excess of 15,000 sf to have a 450 sf detached ADU or a 650 sf attached ADU 8:28:39 PM Cmr. Bensoussan stated that staff's presentation was insightful and offered good recommendations. She would like to see the ordinance amendment include: . An owner-occupancy requirement of the main residence . Would like to see language in the ordinance addressing negative impacts on historical structures as grounds for disallowing ADU's. . In the absence of DRC approval, a staff member with expertise in design and architecture should be part of the review process . The establishment of design guidelines manual should address such things as topography, landscaping, and fencing. . There should be no separate address (both units must be under the same address). . Essential to have some kind of notification. . Look into having a cap on number of units that can be built. . Concurs with Cmr. Felber's comments regarding not requiring a garage on the smaller lots. 8:38:06 PM Cmr. Cortes stated he concurs with Cmr. Nordstrom's comments regarding staff's preparation of a comprehensive report to be considered later. 8:38:43 PM Cmr. Hom stated he would like to tighten up the language in the ordinance to address that no separate metering be allowed on the ADU. Cmr. Hom stated he supports requiring the applicant notify his neighbors of his intent to develop his property. Concurs with many of the fine comments already offered by other members, i.e. not requiring the garage on smaller lots, but requiring on-site parking. Planning Commission Minutes -7- October 19, 2005 MSC (Bensoussan/Nordstrom) (6-0-1-0) to continue this item to allow staff time to respond to the comments and come back with a comprehensive report and set of recommendations. Motion carried. Director's Report: Mr. Sandoval reviewed the upcoming two-month calendar in which has slated various special meeting regarding the General Plan Update. Commission Comments: 8:43:39 PM Cortes made some brief comments about the meeting he attended with Councilmember Castaneda, Cmr. Nordstrom, City staff, and representatives from the check cashing industry. The meeting was very informative and there was a spirit of cooperativeness and willingness from both parties to work together on issues surrounding these establishments. 8:46:17 PM Meeting adjourned. Submitted by: Diana Vargas, Secretary to the Planning Commission PLANNING COMMISSION AGENDA STATEMENT Item No.: ~ Meeting Date: 11/30/05 ITEM TITLE: Public Hearing: Consideration of General Plan Amendment, Rezone and Tentative Subdiyision Map, GPA -05-01, PCZ-03-0l, and PCS -03-01, for a project known as El Dorado Ridge, Chula Vista Tract-03-OI, located on the east side of Brandywine Aye, across from Mendocino Drive, north of Main Street - CVH1, LLC. The applicant, CVH1, LLC, has submitted applications requesting approval of a General Plan Amendment, Rezone and Tentative Subdivision Map for the E1 Dorado Ridge Project. The project site is a vacant Il.46-acre lot located on the east side of Brandywine AYe, across from Mendocino Dr, north of Main Street in southern Chula Vista. (See attached locator map). The specific applications are described below: (I) 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-03-0l is a request for a zoning re-classification from the R-l-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 l1.46-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 Reyiew Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, 1S-02-045 in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Reyiew Coordinator has detennined that the project could result in significant effects on the environment. Proposed revisions to the project made by or agreed to by the applicant would ayoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Reyiew Coordinator has prepared a Mitigated Negative Declaration, (MND) 1S-02-045 (see Attachment 5). During the 30-day public review period for the MND, two written comment letters were receiyed from the State of California, Department of Fish and Game and the State of California Department of Transportation. The comment letters raised issues related to impacts to sensitiye species and impacts to local freeway facilities. These issues are further addressed in the attached MND (Refer to the Responses to Comments). Page 2, Item: Meeting Date: 11/30/05 BOARDS/COMMISSIONS RECOMMENDATION: On August 1, 2005, the Resource Conservation Commission recommended approyal of Mitigated Negative Declaration IS-02-045. On July 18, 2005, the Design Review Committee approved Design Reyiew Application DRC-05- 022 for the EI Dorado Ridge Project, by a vote of 3-0-1-1. No further action is required on this application, which is predicated upon approyal 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 proyide 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 leyel of service "C" before and after project approval. The Brandywine Ave.lSequoia Intersection north of the project site is currently a 4-way stop, but will be one of the next intersections in the City to receiye 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 diyert 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 imminent completion of the freeway construction, long before any Building pennits will be issued. 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-05-01l PCZ 03-011 PCS- 03-01 recommending that the City Council approye: 1) Mitigated Negatiye 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: 11/30/05 The EI Dorado Ridge project site is located on the east side of Brandywine AYe. 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 comer of the lot adjacent to Brandywine DriYe. The site slopes uphill to the northeast, with gradients ranging from leyellands adjacent to Brandywine Avenue 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) yegetation, 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: Location Site South General Plan Designation Zoning Existing Land Use Residential- Low Resid. - Single Family Vacant Medium (R-l-lO-H -1 du/lO,OOO 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,OOO s. f.) North East West 3. Background: The Project site was fonnerly 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-03-01) 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-I0 (H) zone to the Rl-5 (P) zone, and a Precise Plan application (PCM-02-23), to allow more design flexibility. This project has taken three years to complete because: (1) The initial Tentatiye Map and Rezone applications proposed a single family project design with 5,000 square foot lots on property with steep-slope topography and native vegetation, which required preparation of biology, noise, traffic, and geo-technical studies; (2) These studies revealed significant site development constraints, such as sensitive plant species, which made single-family residential deyelopment practically infeasible; (3) The applicant decided to revise the project design from single-family detached homes to multi-family town homes, and subsequently filed new General Plan Page 4, Item: Meeting Date: 11/30/05 Amendment and Design Reyiew Committee applications, and amended their Tentative Map and Rezone applications accordingly; and (4) During the public reyiew period for the Mitigated Negatiye Declaration, staff receiyed comments from the California Department of Fish and Game and CalTrans that required additional research and response by staff and the applicant, prior to any fonnal public hearings by the City. During project reyiew 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 ayailable 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 Reyiew 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, and modified their Rezone and Tentative Map applications to request a clustered, multi-family deyelopment. The Design Reyiew application DRC-05-22 was approyed by the Design Reyiew 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 pennits 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 staffhas included a condition of approyal that ensures that ifthere 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 enyironmental 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 Page 5, Item: Meeting Date: 11/30/05 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-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. 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 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, respectiyely, 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 proyides 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. Page 6, Item: Meeting Date: 11/30/05 Conformance to City General Plan: With the adoptions of the proposed General Plan Amendment, the Rezone and Tentatiye Map will be in conformance the City General Plan because it would allow deyelopment 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 sensitiye 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 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 Proi ect: The application also requests approval of a Tentative Map for a 2-lot 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). Subdiyision 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 ofthe site, which will be graded and developed in a manner that conforms 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 deyelopment on the lower portions of the site Page 7, Item: Meeting Date: 11/30/05 has preserved the steep slope landforms, 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 sensitiye 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 AYe. and widens to permit 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 of CC&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. 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 proyide intermittent landscaped benches of 3-5 feet to soften their yiews. Retaining walls of yariable 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 intermittent 10 ft. wide landscaped benches at the southwest comer 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. Page 8, Item: Meeting Date: 11/30/05 Proiect 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 AYe. 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 proj ect, which staff is recommending to receive a waiyer of priyate street standards from 24 feet to 22 feet in order to proyide landscape area to buffer retaining walls and to provide planting areas along the priyate 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. 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 ayerage daily trips (ADT's), and currently operates at leyel of service "C" with 6,800 ADT's. After construction of the project, which will add 832 ADT's, Brandywine AYe. will continue to operate at an acceptable level of service "C". Recommended traffic mitigation measures included payment of Transportation DIP Fees, and preparation of a striping plan showing a safe sight visibility triangle, prior to approval of the improyement 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 approyed 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 deyelopable 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. As a result of the site design process that has occurred in conjunction with the Subdiyision Map and Design Reyiew applications, and the inclusion of conditions of approval, Page 9, Item: Meeting Date: 11/30/05 staff has detennined that the project is in compliance with City Subdiyision Manual requirements, and is physically suited for residential deyelopment, 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 Subdiyision 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 Tentatiye 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-05-0I \GPA_05-01]C_Agenda_Statement.doc 1 !~=~ 1 I l' . . ----. _r_L:rShinOharCJ..Ln'l ----__ 1 II : ~I I ~, ), I QI I .__~_ I eel ~ --- ---.- 1 -- -Main SI -~-_.._._------- 1 I__~ ! ! I~------! I---i ---l__ I I 1- I~ i~ ,0 I~ !~ ,-'" I~ :J <( 1----- - .---.~I , .. LEGEND D Project Location CHULA VISTA PLANNING LOCATOR PROJECT EID d S bd' . . C) APPLICANT: ora 0 U IVISIOn PROJECT Brandywine Avenue ADDRESS: SCALE: FILE NUMBER: NORTH No Scale GPA-05-01 AND BUILDING DEPARTMENT 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, PCS-03-01, IS-02-045 A:rr~v(MV;J1 It Tl1\--0/1 m-e/u,'2. 'oJ {Li( f ., r. (. \ {Le ~ 0 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 approyal 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 yerified application was filed requesting amendments to the City's General Plan, ("Project") by CVHI, LLC ("Deyeloper"); and WHEREAS, the area ofland commonly known as E1 Dorado Ridge Tentatiye Subdiyision 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 Ayenue, north of Main Street, across from Mendocino Driye, ("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 determined that the project could result in significant effects on the environment. Howeyer, revisions to the project made by or agreed to by the Developer would ayoid 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 Reyiew Procedures ofthe City of Chula Vista; and WHEREAS, the Planning Commission finds that the Project's enyironmental impacts will be mitigated by adoption of the Mitigated Negatiye Declaration and Mitigation Monitoring Program (IS-02-045), and that such program has been designed to ensure that the deyeloper and its successors and assigns, will implement the project components and comply with the Mitigation Monitoring Program, and WHEREAS, the Planning Commission haying received certain evidence on November 30, 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-05-0 1 / PCS-03-0 1 herein, and recommended that the City Council approve the Project and Mitigated Negative Declaration IS-02- 045, based on certain terms and conditions; and, WHEREAS, the Planning and Building Director set the time and place for a hearing on the Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet ofthe exterior boundaries of the property, at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as adyertised, namely 6:00 p.m., Noyember 30,2005, in the Council Chambers, 276 Fourth A yenue, 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 approying 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 30th day of November, 2005, by the following vote, to-wit: AYES: NOES: ABSENT: Vicki Madrid, Chairperson ATTEST: Diana Vargas, Secretary J :\Planning\Case Files\-06 (FY OS-06)\GP A \ gpa-OS-Ol ]CS-03-01-PCRes ATTACHMENT 3 DRAFT COUNCIL RESOLUTION DRAFT RESOLUTION NO. 2005-_(GPA-05-01/PCS-03-01) RESOLUTION OF THE CITY OF CHULA VIST A 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 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 CONT AINING 104 RESIDENTIAL UNITS AND OPEN SPACE - EL DORADO RIDGE. I. RECIT ALS A. Project; Application for Discretionary Approval WHEREAS, on July 23, 2002, a duly yerified 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 Subdiyision Map to subdivide 11.46 acres into 104 condominium dwelling units ("Project") by CVHI, LLC ("Developer"); and WHEREAS, on Noyember 8, 2004, a duly verified application was filed requesting amendments to the City's General Plan to change the Residential Low-Medium (3-6 duJacre) designation to Residential Medium (6-11duJacre), ("Project") by Developer; and WHEREAS, on December 13, 2005, the deyelopment 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-I-I0H to R-2-P; and B. Prior Discretionary Approvals WHEREAS, on July 18, 2005, the development of the Project Site receiyed discretionary approval from the Design Reyiew 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 EI Dorado Ridge Tentative Subdiyision 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 Resolution No. 2005- D. Environmental Determination WHEREAS, the Environmental Review Coordinator has reyiewed the proposed Project for compliance with the California Enyironmental 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 Reyiew Coordinator has determined that the project could result in significant effects on the enyironment. Howeyer, reyisions to the project made by or agreed to by the Deyeloper would ayoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Enyironmental Reyiew Coordinator has prepared a Mitigated Negatiye Declaration, IS-02-045. 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 Negatiye Declaration, IS-02-45. Furthermore, on November 30,2005, the Planning Commission also recommended adoption of Mitigated Negative Declaration IS-02-45. E. Planning Commission Record on Applications WHEREAS, the Planning Commission held a noticed public hearing on the Project on November 30, 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 December 13, 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, determine 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 November 30, 2005 and the minutes and Resolution resulting therefrom, are hereby incorporated into the record of this proceeding. III. CERTIFICATION OF COMPLIANCE WITH CEQA AND INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council has exercised their independent review and judgment and concurs with the Planning Commission, Resource Conservation Commission, and Environmental Review 2 Resolution No. 2005- Coordinator's determination that Mitigated Negatiye Declaration (IS-02-045), in the form presented, has been prepared in accordance with requirements of the California Enyironmental Quality Act (CEQA), the State CEQA Guidelines and the Enyironmental Reyiew Procedures of the City ofChula 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 Driye, 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 determines 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 Goyemment 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 conformance with the elements of the City's General Plan, based on the following: 1. Land Use The proj ect 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 deyelopment which will be consistent with the character intended for a Residential Medium area, and will be more compatible with the deyelopment 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 improyements will be provided by the Deyeloper per the Conditions of Approyal. The private streets within the Project will be designed in accordance with the City design standards and/or requirements and proyide for yehicular and pedestrian connections. A traffic 3 Resolution No. 2005- report has been prepared for the project, which detennined that the project would not adyersely affect the surrounding neighborhood. 3. Public Facilities The Project has been conditioned to ensure that all necessary public facilities and services will be ayailable 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 proyides 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 deyelopment 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 deyelopment 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 haye 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 4 Resolution No. 2005- The Project has been reyiewed 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 preclude interior noise levels oyer 45 dBA and exterior noise exposure over 65 dBA for all outside priyate 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 detennined 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 approyal 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 Goyernment 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 confonns to all standards established by the City for a residential development. E. The conditions herein imposed on the grant of pennit or other entitlement herein contained is approximately proportional both in nature and extend to the impact created by the proposed deyelopment. 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 APPROVAL A. Project Site is Improved with Project 5 Resolution No. 2005- The Deyeloper, or his/her successors in interest and assigns, shall improye the Project Site with the Project as described in the Tentatiye Subdiyision Map, Chula Vista Tract No. 03-01, El Dorado Ridge. VII. SPECIAL CONDITIONS OF APPROVAL A. The conditions herein imposed on the tentative map approyal 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 Deyeloper or successor-in-interest to the City's satisfaction prior to approval of the Final Map, unless otherwise specified: GENERAL! PLANNING AND BUILDING I. All of the tenns, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Deyeloper as to any or all of the property. 2. Developer and/or his/her successors in interest, shall comply, remain in compliance and implement, the tenns, conditions and provisions, as are applicable to the property which is the subject matter of the General Plan Amendment, Zone Reclassification, and Tentatiye Subdivision Map, as recommended for approyal by the Planning Commission on November 30, 2005, 2005, and the Notice of Decision for Design Reyiew Pennit 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 Deyeloper and his/her successors in interest will continue to comply, remain in compliance, and implement such Plans. 3. Any and all agreements that the Developer is required to enter into hereunder shall be in a fonn approved by the City Attorney. 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 deyiate from City standards and that the deviation shall not reduce public safety and the deviation confonns 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 pennits or approval of the Final Map. 7. Prior to issuance of a grading pennit, the Developer shall prepare, submit and obtain the approval by the Director of Planning and Building or designee a landscape slope erosion 6 Resolution No. 2005- control plan. All plans shall be prepared in accordance with the current Chula Vista Landscape Manual and Grading Ordinance 1797 and shall proyide 1 I-gallon tree or shrub per eyery 100 square feet. Plans shall be prepared by a registered Landscape 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 paying crossings shall be similarly enhanced to match the enhanced pedestrian paying design. 9. Detailed street tree Plans for the Project shall be submitted concurrent with grading plan submittal and approved prior to approyal of the Grading Pennit 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 confonn 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 Subdiyision Ordinance, Grading Ordinance, the Landscape Manual, and Subdivision Manual. 12. All project landscaping shall confonn to the design elements of the City's Landscape Manual, and requirements of the DRC-05-22 Notice of Decision. 13. If any of the tenns, covenants or conditions contained herein shall fail to occur or if they are, by their tenns, to be implemented and maintained oyer time, if any of such conditions fail to be so implemented and maintained according to their tenns, the City shall have the right to revoke or modify all approvals herein granted including issuance of building pennits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Developer shall be notified in writing 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. 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 diyert 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 7 Resolution No. 2005- 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 yisible. 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 yia 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 of the 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 ofthe 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 EI 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 Redeyelopment Storm Water Management Requirements Manual) and comply with the Manual's requirements. 8 Resolution No. 2005- 21. Developer is required to obtain City approyal of a Water Quality Technical Report to identify potential pollutants generated at the site during the post-deyelopment 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 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- deyelopment flow rate for a giyen design stonn does not exceed the pre-development flow rate at the outlet of the subdiyision. 22. Development of this project shall comply with all requirements of State Water Resources Control Board (SWRCB) (NPDES General Pennit No. CAS000002, Waste Discharge Requirements for Discharges of Stonn Water Runoff Associated with Construction Activity. In accordance with said Pennit, a Stonn 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 preyention measures. The SWPPP shall also address operation and maintenance of post-construction pollution prevention measures, including short-tenn and long-tenn 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 Pennit 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 ciyil engineer and approyed by the City Engineer prior to issuance of a grading pennit or other development pennit. Design of the drainage facilities shall consider existing onsite and offsite drainage patterns. The drainage study shall state that the analysis proyided in the study meets the minimum requirements of the City of Chula Vista Subdiyision Manual and shall show: i) How downstream properties and stonn 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 stonn does not exceed the pre-development flow rate at the outlet of the subdiyision boundary. A detention basin or other mitigation measures may be required. iv) Any proposed drainage easements. v) That cross-lot drainage does not occur yi) Offsite and onsite drainage basins and sub-basins before and after development. vii) Contour lines before and after grading. 9 Resolution No. 2005- viii) Discharge figures before and after development at main discharge points. 25. Deyeloper shall proyide an emergency oyerflow swale for all drainage catch basins located in the rear of any building. Further, Deyeloper shall not cause the flows of said swales to be restricted by either landscaping facilities or walls. 26. Deyeloper shall submit and obtain approyal 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 proyide 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 pennit Issuance. 29. All drainage access points shall be designed to have reasonable access for maintenance vehicles, to the satisfaction of the City Engineer. 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 pennit which impacts off-site property, the Developer shall deliver to the City, a notarized letter of pennission 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 proyide a centerline survey monument at the intersection of the entry road with Brandywine Ave. SEWER / WATER 33. Developer shall present written yerification to the City Engineer and from the Otay Water District that the subdivision will be provided adequate water service and long tenn 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 priyate, a master meter and backflow preventer will be required. 10 Resolution No. 2005- 36. If service laterals do not exist, Deyeloper will be required to pay the Otay Water District to have them installed. 37. Each service must haye an approyed RIP Backflow Deyice purchased and installed by Developer. 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 ofthe 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 yerify 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 remoye or abandon the existing sewer system located at the south edge of the project in accordance with the conditions and requirements of the City Engineer. 43. All internal streets shall be priyate and constructed as shown on the Tentative Map. The Tentatiye 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 improyements in accordance with Chula Vista Design Standards, Chula Vista Street standards, and the Chula Vista Subdiyision 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 yertical alignment of said streets. Said improyements 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 approyal of the final map, the construction of public street improvements deemed necessary to provide service to the subject subdivision in accordance with City standards. 11 Resolution No. 2005- 46. The Developer shall provide 80 feet of right-of-way along Brandywine Ayenue and shall construct all public street improyements 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. 47. Deyeloper shall be responsible for installing street trees in accordance with Section 18.28.10 of the Municipal Code. 48. Deyeloper 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 pennit issuance. EASEMENTS 50. Developer shall provide easements for all off-site public stonn 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 deyeloper 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 detennined 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 improyements 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, band c aboye shall be accomplished prior to the approval of the final map. 52. Developer shall grant to the City a 15' drainage easement and improyed all-weather access with H-20 loading for all public stonn drain systems or as otherwise approyed by the City Engineer. 12 Resolution No. 2005- 53. Prior to the approyal of each final map, the City Engineer may require either the remoyal 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. 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 proyided at all comer 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 irreyocably offered to the City on the Final Map as required by the City Engineer. AGREEMENTS 57. Developer and/or 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 subdiyider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. 58. Deyeloper and/or 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 Proj ect, now and in the future. 59. Developer and/or 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 teleyision 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. Deyeloper shall submit and obtain approyal by the City Engineer of grading plans prepared by a registered civil engineer. All grading and pad elevations shall be within 2 13 Resolution No. 2005- feet of the grades and eleyations shown on the approyed tentatiye map or as otherwise approyed 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. 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 subdiyision to the California System-Zone VI (NAD '83). 65. Submit copies of the final map and improyement plan in a digital fonnat such as (DXF) graphic file prior to approval of the Final Map. Provide computer aided Design (CAD) copy of the Final Map based on accurate coordinate geometry calculations and submit the infonnation in accordance with the City Guidelines for Digital Submittal in duplicate on 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 stonn 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 comprehensiye 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 hannless from any claims, demands, causes of action liability or loss related to or arising from the maintenance activities of the HOA. 14 Resolution No. 2005- IY. 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. Y. The HOA is required to procure and maintain a policy of comprehensiye general liability insurance written on a per occurrence basis in an amount not less than one million dollars combined single limit. The policy shall be acceptable to the City and name the City as additionally insured to the satisfaction of the City Attorney. Yl. The CC&R's shall include proyisions assuring maintenance of all open space lots, streets, driyeways, drainage and sewage systems which are private. YU. The CC&R's shall include provisions assuring HOA membership in an adyance notice such as the USA Dig Alert Service in perpetuity. Ylll. 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 proj ect. IX. The CC&R provisions setting forth restrictions in these Tentatiye map conditions may not be revised at any time without prior written pennission of the City. X. The HOA shall not dedicate or convey for public streets, land used for private streets without approya1 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 confonnance with the NPDES Municipal Pennit, Order No. 2001-01 XU. The CC&R's shall include proyisions 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 approya1 by the City Engineer for the maintenance of private streets, water quality improvements, stonn drains, sewage systems, electrical system, plumbing and roof. More specifically, said budget shall include the following proyisions and maintenance actiyities: a. Streets must be sealed every 7 years and overlaid every 20 years 15 Resolution No. 2005- b. Sewers must be cleaned once a year with the contingency for emergencies c. Red curbs/striping must be painted once eyery three years. d. The Homeowners Association shall be responsible for service utilities including water and sewer, and the billing and payment of these utility costs. e. Stonn Water quality facilities inspected prior to and after eyery rain eyent 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 coyer 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 Subdiyision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 70. Developer shall provide fire sprinkler systems as detennined by the Fire Marshal. Deyeloper further agrees that in multi-family dwellings, if a sprinkler system is required for one building, all buildings in the project 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 yehicular 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 approyed by CVFD. All Fire Department connections must not be any closer than three feet to the face of curb. 74. Proyide 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. Deye10per 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 16 Resolution No. 2005- 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 Deyelopment 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. 78. The Developer acknowledges that the City Council may, from time-to-time, modify air quality improyement 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 Deyeloper 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 approyed and as may be amended from time-to-time shall be implemented. 79. The Deyeloper 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 deyelopment 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 Deyeloper 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 pennit 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 III compliance with the Air Quality Improvement Plan (AQIP). 2. The Developer shall implement the final WCP measures as approyed 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). 17 Resolution No. 2005- 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; 5.1.3 Emergency Irrigated Natural Slope Zone 2B with Selectiye 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 Actiyated Exterior Sprinkler System; 5.1.8 Homeowner Education; 5.1.9 Fire Protection Plan Reyiew 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 oyerride switch for all motorized gates with Opticom, and click-to enter systems for emergency yehicle 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 approyed 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. 18 Resolution No. 2005- 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 approyal prior to issuance of the first grading pennit. 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, 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 improyements. 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 Pennit- DRC-05-022 dated July 18, 2005. 16. If the approved Tentative Map conditions of approval conflicts or varies with Design Review Pennit conditions of approval, as detennined by the Director of Planning and Building, the Tentative Map requirements shall control and supercede, 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 Deyeloper's desire that the Project, and the corresponding application for building pennits 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. 19 Resolution No. 2005- Signature of Deye10per 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 tenns, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their tenns, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building pennits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Developer shall be notified ten (10) days in adyance prior to any of the aboye actions being taken by the City and shall be giyen 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 tenn, provision and condition herein stated; and that in the event that anyone or more tenns, proyision, or conditions are detennined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by: Approved as to fonn by: Ann Moore City Attorney Jim Sandoval Director of Planning & Building J :\Planning\casefiles\fy04-05\PCS-03-0 1 \pcs03-0 1 .cc.reso.doc 20 Shinohara Ln o ~ (J) t c Q co r- a: ~ fr. ~ <( ~I .Q ~ Main St CHULA VISTA PLANNING LOC!)CATOR == :~::A::::iViSion ADDRESS: SCALE: FILE NUMBER: NORTH No Scale GPA-05-01 J:\planning\carlos\locators\gpa0501.cdr 12.29.04 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 town home condominium units. Related cases: PCM-02-23, DRC-05-22, PC5-03-01, 15-02-045 E '1141 JSI r ( It JTALvl Me/IV/ L{ DIU' r-: T C tLO i lv' J.\ IV' C t.- 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 FAMILY RESIDENTIAL, PRECISE PLAN) ZONE, AND ADOPTING PRECISE PLAN STANDARDS. 1. 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 Deyeloper 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 December 13, 2005, prior to approval of this Project, Applicant received discretionary approyal 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 December 13, 2005, subsequent to consideration and approval of this project, Applicant requests approyal 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, yoted 3-0-1-1 to approye 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 2979 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 Noyember 30, 2005, the Planning Commission also recommended adoption of Mitigated Negatiye 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 Project, at least ten (10) days prior to the hearing; and WHEREAS, the Planning Commission held an advertised public hearing on the Project on November 30, 2005, at 6:00 p.m. in the City Council Chambers at 276 Fourth Avenue and, after hearing staff presentation and public testimony, voted _-_-_ to recommend that the City Council approve the Mitigated Negative Declaration, 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 November 30, 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 December 13,2005, 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 staff's presentation and public testimony, the City Council voted _-_-_ 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 receiye 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 Reyiew 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. Ordinance 2979 Page 3 WHEREAS, based on the results of the Initial Study, the Environmental Reyiew Coordinator has detennined that the project could result in significant effects on the environment. Howeyer, reyisions to the project made by or agreed to by the applicant would ayoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Enyironmental 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 detennination that Mitigated Negative Declaration (IS-02-045), in the fonn presented, has been prepared in accordance with requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista and hereby adopts the Mitigated Negatiye 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 improyements 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 pennit construction of attached town-home dwelling units with garages, priyate 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 tenns of its physical characteristics, configuration, circulation, social or historic characteristics requiring special design; because the site includes steep slope lands of 25% or greater, and narrow endemic sensitiye 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 Ordinance 2979 Page 4 between adjacent multi family and single family development, and will also be designed to include walls, fencing and landscape setbacks that will help 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 -1-1 OH zone regulation does not allow the flexibility needed to achieve a proj ect 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 priyate 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 OfChula 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 "BOO from R-l-lOH (Single- Family Residential, Hillside) to R-2-P (One and Two Family Residential, Precise Plan). F. The Precise Plan Standards as depicted in Exhibit "Boo are hereby adopted and are supported by the required findings (CVMC Section 19.56.041, as outlined in section II (C) above. Ordinance 2979 Page 5 III. EFFECTIVE DATE. This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to fonn by James D. Sandoval Planning and Building Director Ann Moore City Attorney Ordinance 2979 Page 6 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 13th day of December, 2005, by the following yote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: 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 13th day of December, 2005 and its second reading and adoption at a regular meeting of said City Council held on the _st day of January, 2006. Executed this _ st day of January, 2006. Susan Bigelow, MMC, City Clerk !>~~\ !ffiTITJ~~ I Shinohara Ln o .a: (]) c 1 -0 c o Q:; a: ,>t. ~ o "5 <t: .a: ,>t. ~ o "5 <t: Main St CHULA VISTA PLANNING Loe A'TOR PROJECT EI 0 d S bd' . . ^ I APPLICANT: ora 0 U IVISIOn C) PROJECT Brandywine Avenue ADDRESS: SCALE: FILE NUMBER: NORTH No Scale PCZ-03-01 AND BUILDING DEPARTMENT PROJECT DESCRIPTION: ZONE CHANGE Request Proposal for a General Plan Amendment to subdivide an 11.46 acre site into 104 tcwnhome condominium units. J:\planning\carlosllocators\pcz0301 ,cdr 08,08,05 Related cases: GPA-05-01, DRC-05-22, PCS-03-01, IS-02-045 t.;<H 1 bi I A- Ordinance # Exhibit B (PCZ-03-0 1) 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 leyel 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 i~ rrA-uA tvt B-vU r S fV\ . ,\) I D, Mitigated Negative Declaration PROJECT NAME: EI Dorado Ridge PROJECT LOCATION: 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 DATE OF DRAFT DOCUMENT: July 8, 2005 DATE OF RESOURCE CONSERVATION COMMISSION MEETING: August 1, 2005 DATE OF FINAL DOCUMENT: November 18,2005 PREPARED BY: Josie S. Gabriel, Associate Planner A. Proi ect Setting The project site is approximately 11.46 acres and is located along the eastern side of Brandywine Avenue 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 Avenue. The project site is currently vacant and has not been previously disturbed. Land uses surrounding the project site consist of the 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-lO(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 EI 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 Zonin!!: 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 PIan Update (GPU). As part of the GPU, the proposed General Plan contemplates changing the existing 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 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-l-l OH (Single Family Residential 10,000 minimum lot size, Hillside) Zone. The proposal includes the rezoning of the site from R-I-I0(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 useslbuildings 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 (CVMC), 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 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 (HLIT) 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 Quality 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 development, 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 ofthe 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. 3 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 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 T,'egetationdisturbed land, a natural drainage of approximately 0.19 acre, and the remaining portion ofthe 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 (HLIT) Ordinance. In accordance with the HLIT Ordinance, those projects that are greater than one acre, contain sensitive biological resources, and are located outside of the "Covered Projects," must demonstrate compliance with the Ordinance and obtain Take Authority from the City of Chula Vista for impacts to Covered Species. The 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 4 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). 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 tarplant 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 NarrO'l{ Endemic Species existing on site. The report determined that 0.04 acre (20 percent) of the Snake Cholla population and 0.34 acre 09.65 percent) of the Otay tarplant population would be directly impacted by the proposed development. In total, the project \vould impact 0.38 acre (17 percent) of the Narro'"" Endemio Species population ','lithin the project area, which is ~within 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. In order to determine if excessive rainfall during 2003 to 2005 has affected the Otay tarplant population on the proiect site, the project biologist revisited the site 1?s:I\~c::c::J:1,,\.llgLJ5J~1!1Q);;(;;pt(:;mhs:r 2.QQ.~. to obtain a current species count and approximate acreage for Otay tarplant. Based on the updated 2005 survev data. it has been determined that approximately 2,824,581 specimens (1.869 acre) of Otay tarplant currently exist on site. Approximately 563.503 specimen? (0.373 acre$l.or 19,.9.?p~:r(;~Dt.QJ'tb(;;Qt(1YJ<~'vJ~1j1LpqmJlc:lJiQDWill be directly impacted by the proposed development. Anticipated imILc:lfts to Olav '1'arplant remain below the 20 percent al]owed under the City's MSCP Subarea Plan. 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 ~ffi..percent of the Nano\v Endemic SpeoiesSnake cholla and 80.35 percent of the Otay tarplant 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 Anna'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 cJ:1eckerspot butterfly (Euphydryas editha quina) 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 Butterflyc 5 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 californica californica). 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 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 Section 7.4.4 .9JJhe 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. As pro[1gsed. thcJ2LQ.~t will Dot resu1tjn addiriona1 permanent in:ma<<ts..lllli.L~jlL<;:xccecLtb-,,-: 2Ql?g:r(;gnLtbr(;sl)QI(L[\!1()\:\it'(I.....tIIl<:j~I..J.llt'(ity'.? ...r\flB(:J)'31Ihar\:,(}YI~!L.. J.'hG...pJ:'fn7~"~:+ft!:f,jt?<:J.\Y:fH::fl~-!+ 6 Fe' ";.iil l...lH ..additil.)hil! '.j)"Fn"\nt~n{ ..iHlpcIC\(;t!,CI!\rV d ;t~"t't':2tJJll ~~"...')()!}~>FCc'l+tti1Fc'!:<11()hLH!!(\\\t~~ !....ilFiCje'FUlt> ~c,;ly':;\!SC'II:SHt)i,F('H:y1a'j;=.ln that e';ent. brush management wi]] be allowed and a qualified biologist must be present during clearing to prevent significant impacts to these two Narro's Endemic speoies. Also identified in the FPP arc !irrigated manufactured slopes, which 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 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 ofthe 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 Quality 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 the 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, 7 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. 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 multi-family 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 8 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 GP A In the event the General Plan Update (GPU) as proposed were to be adopted prior to the approval of this proposed project, a GPA would no longer be required. As part of the GPU, the proposed General Plan changes the existing land use designation of the EI 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 Zoning The proposal includes a change in the existing rezoning designation from R-I-I0(H) 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 useslbuildings 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 dwelling 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 CYMe. 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. The 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 9 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 17.24.050(1) 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. Transportation/Traffic 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 are estimated to be approximately 7,300 ADTs. Since Brandywine Avenue is designed to accommodate 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 e. Therefore, the project will not result in a significant increase to cumulative traffic or delay at the intersections of Brandywine A venue/Main Street and Brandywine Avenue/Olympic Parkway. Access to and from the EI 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 proj ect. F. Mitigation Necessary to Avoid Significant Impacts Air Quality 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 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 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 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 (HLIT) 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 5.2.1 of tho City's Subaroa Plan provides mitigation ratios for unavoidable impaots to wetlands (Ta:b1e 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.In addition, prior to issuance of a gradin!!: permit, the applicant shall be required to provide verification of permit approval to the City's Environmental Review Coordinator. 11. For impacts to iurisdictional wetlands, the applicant win be required to mitigate these impacts at a 3:1 ratio in conformance with the City's MSCP Wetland Protection Requirements. Prior to issuance of a grading permit. the applicant shall pmchase 0.51 acre of wetland mitigation credits within a mitigation bank approved bv the City. In addition, prior to issuance of grading permit, the applicant shall be required to provide verification of purchase to the City's Environmental Review Coordinator. 13 +h 12. 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. In addition, th~l'plicant shall be required to implement the Wetland Mitigation Plan subject to the oversight and approval of the Environmental Review Coordinator. +2-,. I 3 . Prior to mItIatmg anv construction-related actIvItIes (including removal of vegetation)grading activitie~;, pre-construction nesting surveys shall be conducted to determine whether there are active avian nests which may be affected by construction-related activitiesef-at1. areas ','lithin 300 feet of any knm'.'TI California gnatcatcher or nesting raptor location v,'ill 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 season, defined as from February IS to August 15 for the California gnatcatcher or January 15 to July 31 for nesting raptors. +.:h 14. 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. 11.In order to ensure the long term viability of the open space area, the applicant shall prepare and submit ~o the Environmental Reyie',y Coordinator an amTUal biological monitoring and report in perpetuity. .^.nnual monitoring shall requiro site inspections by a City approved biologist and a letter report shall be pro-vided to the City for review and approval. The letter report shall pro'/ide a qualitative assessment of site conditions and detail any needed remediation, including adaptiye management. IS. Prior to issuance of a grading permit, the applicant shall prepare and implement a Management and Monitoring Plan (MMP). The MMP shall be prepared by a City approved biologist and submitted to the Environmental Review Coordinator for review and approval. The MMP must discuss funding requirements. such as an endowment fee, to ensure long-term management in perpetuity, provide management measures to be implemented to sustain the viability of the habitat, and identify timing for implementing the measures prescribed in the MMP. The MMP shall require that an annual repOli be prepared in perpetuity and submitted to the Environmental Review Coordinator for review and approval. The annual report shall provide a qualitative assessment of the site conditions, detail any needed remediation, including adaptive management, and specify that remediation will occur within three months from the date the report is submitted. In addition, the annual report must include photo documentation taken from the same photo points within the open space lot. 14 16. Prior to issuance of a grading pennit thc applicant shall provide evidcnce that a City approved biologist has been retained to monitor and manage the open space lot until appropriate management entity has been identified and approved by the Ci!y. The applicant is res1Jonsible for maintaining the biological integritv of the required open space area and shall abidc by all management and monitoring measures identified in the Management and Monitorimr Plan until ~'!'!f..h_tin~ as an_~!J?PIQNi..~~.)11anag~1)1ent~rrt:i!Y.h~~JJe~1 identified and.-?wroved QYJh~i:.i!Y" 17. 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 this temporary fencing adjacent to sensitive biological areas. The City's Mitigation Monitor will conduct site visits to ensure this measure has been implemented. 18. 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. 19. 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. 20. Prior to issuance of a grading permit, the applicant shall prepar~_and submit a wall and fence plan to thc Environmental Review Coordinator for review and approval. Plior to initiating any grading activity, the applicant shall insta]] permanent fencing (i.e.. three-wire habitat fencing) around the perimeter of the open space lot to prevent encroachment into the open space area. 21. Prior to issuance of a grading permit, the applicant shall grant a conservation easement or other appropriate mechanism to the City subiect to the approval of the Environmental Review Coordinator and the City Attorney on the 4.29-acre open space lot to ensure no future development is permitted within this area. 22. Prior to issuance of a grad in!!: permit, the applicant sha]] prepare and submit a landscape plan to the Environmental Review Coordinator for review and approval to ensure all landscapinl! used in the proiect area will be non-invasive and compatible with native vegetation. Geology and Soils 23. 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). 24. 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 grading plans and implemented prior to and during site preparation and construction to the satisfaction ofthe City Engineer. Hydrology and Water Quality 25. 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 15 the grading plans and implemented prior to and during site preparation and construction to the satisfaction of the City Engineer. Noise 26. 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 A venue (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 ransportati onffraffic The following are access-related mitigation measures and will be required as conditions of approval: 27. 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. 28. 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. 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. 16 Others: Chula Vista Elementary School District 2. Documents City ofChula 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/EI Dorado Ridge, Brandywine A venue 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, FIRE WISE 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 Storm Water Management Study, CDS Civil Engineers, December 13,2003 Traffic Study for El Dorado Ridge, Federhart & Associates, February 4, 2005 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. ~~fif~~ · Marilyn R. F. Ponseggi Environmental Review Coordinator Date: JJ/21/~ f ( J :\PlanninglJosie\EJ _ Dorado\Enviro _ Docs\IS-02-045MND(Revised I 0-1 0-05).doc 17 " i " PROJECT -g lOCATION m .... IJJ a. ~ .... m a. o +-' :J <( ~ ~ .... m a. o +-' :J <( Main St r~ I CHULA VISTA PLANNING LOCATOR C) S~ No Scale PROJECT . APPLICANT: EI Dorado Ridge PROJECT. Brandywine Avenue at ADDRESS. Mendocino Drive AND BUILDING DEPARTMENT EXHIBIT A PROJECT DESCRIPTION: 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-D3-01, PCS-03-01 J:\planning\carlos\locators\is02045.cdr 06.14.05 ----------- ------~---------- :e=.~ I ~m) .~! ; I I ! j i j~ !11'i !~~I !I~:: I~i II<'> I I ;s I Ii" -I dlllill ! ~ I I I .1 is I" ! 1.1 _mllll hili 1 m I- - m - :c >< w 1"')10 I~ U'" I ~ ~ Lt I- I ~I I!D ~I~ ~ ~ ~ ~ ---_.- ---- - u. ;.11 I ;; i\\<;:;';~~z :i';.\.:I)":' -----" -=-:.- - ---=--.=-_..:..:-~=-'---' - Un - ~.- . _'i',1 .- ~ / { \/ .~{ !;v",'" -" //~ ~ ~~. ...::'"... ~. ~. ...... .. - ~.. --.. 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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 proj ect 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 fonn confinning 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 Dc;claration IS-02-045, which willbe implemented as part of the project. In order to detennine 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. 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Name of Proponent: The Phair Company and Development Contractor, Inc. 2. Lead Agency Name and Address: City of Cbula 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? D D D 0' b) Substantially damage scenic resources, including, but D D D 0' not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or D D 0' D 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 0' 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. Mith?:ation: 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 farmland. Would the project: 2 ..--..---.------.--.------------------ ._--_._~-_._-_._._._...__.- Issues: a) Convert Prime Fannland, 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 ofFannland, 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 Fannland, Unique Fannland, or Fannland of Statewide Importance to non-agricultural use. Therefore, development of the proposed project will not result in impacts to existing agricultural resources. Mitieation: 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 crunulatively considerable net increase o o 0" o o 0" o o o o 0" o 3 _._._._._-------_..__.._--~-----_._--_._----_._---_.- Less Than Potentially Significant Less Than With Issues: Significant Mitigation Significant No Impact Impact Incorporated Impact of any criteria pollutant for which the project reglOn 1S non-attainment under an applicable federal or state ambient a1t quality standard (including releasing etI1lSS10nS, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant 0 0 I{( 0 concentrations? e) Create objectionable odors affecting a substantial number of people? o o I{( o Comments: a-e) See Mitigated Negative Declaration, Section E. Miti2ation: See Mitigated Negative Declaration, Section F. IV. BIOLOGICAL RESOURCES. project: Would the a) Have a substantial adverse effect, either directly or through habitat modifications, on any spedes identified as a candidate, sensitive, or special status spedes 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 I{( o o b) Have a substantial adverse effect on any riparian habitat or other sensitive' natural community identified ill local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? o I{( o o 4 ------.-.----------.-..-----.-.....---..... -------------------...-----'----- Issues: c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? 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? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Comments: a-c) See Mitigated Negative Declaration, Section E. Less Than Potentially Significant Less Than With Significant Mitigation Significant No Impact Impact Incorporated Impact 0 0' 0 0 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. Mitieation: See Mitigated Negative Declaration, Section F. ------ ---------------------- 5 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 o b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to ~ 15064.5? o o o o c) Direcdy or indirecdy destroy a unique paleontological resource or site or unique geologic feature? o o o o d) Disturb any human remains, including those interred outside of fonnal cemeteries? o 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 -~_.__..._.__.__._-_..__.._...- ---_.__._-----_._---_._._--~-- Issues: VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo 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 lique~action? 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 10cated on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? 7 --------..---..-------------..- Potentially Significant Impact o o o o o o o o Less Than Significant With Mitigation Incorporated o 0' o o o o o o Less Than Significant Impact o o 0' 0' 0' 0' 0' 0' No Impact 0' o o o o o o o -------- 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? Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Comments: a-d) See Mitigated Negative Declaration, Section E. Less Than Significant Impact o o o o 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. Mitil!ation: 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 rourine transport, use, or disposal of hazardous rn:aterials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials l1lto 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 o o o o o o o o o o o o o ._--_._-_..__.._-------_._-~---- Issues: public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? t) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Comments: Potentially Significant Impact o o o o Less Than Significant With Mitigation Incorporated o o o o Less Than Significant Impact o o o o No Impact 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 ------- 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 ofthe 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 strealTI or river, in a manner, which would result in substantial erosion or siltation on- or off-site? 10 ------..-----------------..------.-..--------.--------..-..-----------------------..--.-----.- 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? ~ 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. Mitieation: 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 o 11 Less Than Significant With Mitigation Incorporated o o o o o Less Than Significant Impact o o o o o No Impact D o o o o --_._.__.....__._._.-.._..__.._---_._._-~._.__...- ...._._~-_._--_.__.._-----_.__._._-_..__..._-----_._------..--------------.. c) Conflict with any applicable habitat conservation pIan 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 ofChula 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. Mith!ation: 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 o b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? o o o o 12 -----------.-.---------.----.-------------------------.._----_.._._----------_._----~--_.- 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. Mitieation: No mitigation measures are required. XI. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local 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 o o o o o o o o o o o o o o o o o o o o ----------------~---------------------- ----- ----------- - - -------~---- f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Less Than Potentially Significant Less Than With Significant Mitigation Significant No Impact Impact Incorporated Impact 0 0 0 0" Issues: Comments: a and d) See Mitigated Negative Declaration, Section E. b) The project is not anticipated to expose persons to excessive groundborne vibration or groundbourne noise levels. However, the use of heavy industrial equipment or machinery during short-tenn 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.rn. 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 Ei1ar 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 of the 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. Miti2: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 0" o 14 ---.--------..----... ._-----------------_.__._-_.._------------------~----------- 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 necessitating the construction of housing elsewhere? of people, replacement 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. Mith?:ation: No mitigation measures are required. XIII. PUBLIC SERVICES. Would the project: a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other perfonnance objectives for any public services: Fire protection? o o o o Police protection? o o o o 15 .--..------..-.---------------------------.------.-----.. ..------..-------- 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 FIREWISE, 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 from 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 infrastructure. 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 "--'---'~----'-""--'--"------'-"-"-----'----------~_._._~.__._-_._--_._---------------_.._.._._-_._- Issues: b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which have an adverse physical effect on the environment? Comments: Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact o o o 0' 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. Mitieation: 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 0' o o o o 0' D D o o ------- _._.._.__._-_.._--------_..~--_.._._-~~--~----------_.------..--.-... 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 iii (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? 0 0 0 iii ~ Result in inadequate parking capacity? 0 0 0 iii g) Conflict with adopted policies, plans, or programs 0 0 0 iii supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Comments: See Mitigated Negative Declaration, Section E. Mitieation: 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 o iii 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 iii 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 iii 18 -.---.-..-.-.--.--...-........-. ---_._._---_._._---------_._----_._----_...__._------~--.--.---- 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 determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? o o o 0' f) Be served by a landfill with sufficient pennitted capacity to accommodate the project's solid waste disposal needs? o o 0' o g) 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 wastewaterrequirements 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 --------..-----------..-------------- Issues: Potentially Significant Impact Less 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. Miti2ation: 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 c:onstruct 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 ------~ ----- -- --------------------------- ---- -- ---- -------- ---------------- Issues: B) Police a) Emergency Response: Properly equipped and staffed police units shall respond to 81 percent of "Priority One" emergency calls wid1in seven (J) minutes and maintain an average response time to all ''Priority One" emergency calls of 5.5 minutes or less. b) Respond to 57 percent of ''Priority Two" urgent calls within seven (J) minutes and maintain an average response time to all ''Priority Two" calls of 7.5 minutes or less. C) Fire and Emergency 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) T rafflc The Threshold Standards require that all intersections must operate at a Levd of Service (LOS) "C" or better, with the exception that Levd of Service (LOS) "D" may occur during . the peak two hours of the day at signalized intersections. Signalized intersections west of I-80S are not to operate at a LOS bdow 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 oEI-805. F) Drainage The Threshold Standards require that stonn water flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with the Drainage Master Plan(s) and City Engineering Standards. --,---,,-,--,--,--~----,,------'-'-'-"--"'-'-'---'--.__._------ 21 Potentially Significant Impact Less Than Significant With Mitigation Incorporated o o o o o o o o o o Less Than Significant Impact o o o o o No Impact o o o o o .----.--.-...---..---.---.- G) Sewer Less Than Potentially Significant Less Than With Significant Mitigation Significant No Impact Impact Incorporated Impact 0 0 0' 0 Issues: The Threshold Standards require that sewage flows and volumes not exceed City. Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Planes) and City Engineering Standards. H) Water o o 0' o The Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrendy with planned growth and that water quality standards are not jeopardized during growth and construction. Applicants may also be required to participate in whatever water conservation or fee off-set program the City of Chula Vista has in effect at the time of building pennit iSsuance. 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 to induce 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, adequate 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 ofthe 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 roadway 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 ________.._H_.__._______________.__...__~____._._____.---.-......----.-.-------.---.-~_.--~.-----.--~--.----.--.------- 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 stonn drainage system or City's Drainage Threshold standards will occur as result of the proposed proj ect. g) The sewer facilities serving the project site consist of a la-inch sewer main running north-south along Brandywine Avenue. The Engineering Division has detennined 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 detennined that adequate storage, 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 o o o b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the o o o o 23 ---..----------------------------...-..---------------._--~----_.__._._----_._--~----_.__._-_._.__.._. Issues: Potentially Significant Impact Less Than 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 developing 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 -----~--_. ------ --_.._...._-----_._._----------_...._--~_.._- 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 hot 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 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). 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. . . . . . 25 -..----- ------- ---------------------------- ----~-------- . 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 CVMC. 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 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 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 ---..---------- . ...-..------------..-----..- -------------- 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 ofthis 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 ofthe 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 t6 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 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 27 --------_._---~---_. 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 Stonn 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. Transportation/Traffic 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 A venue. 28 -..--.-----.. ----_._-~--------_.._-_._.__._--_._.._._----_._------- 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. tJl/lf:;:-,l-l-t- t:~ /r/;;'PA6/.- ,{ &~IJb:L& '., ~. Printed Name and Title of APp~a t (or a. orized]; prese t' 6~!O0~ Date Signature of App ic t (or authorized representative) 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. 0 Land Use and Planning 0' Transportation/Traffic 0 Public Services 0 Population and Housing 0' Biological Resources 0 Utilities and Service Systems 0' Geophysical 0 Energy and Mineral 0 Aesthetics Resources 0 Agricultural Resources 0' Hydrology/Water 0 Hazards and Hazardous 0 Cultural Resources Materials 0' Air Quality 0' Noise o Recreation o Threshold Standards 0 Mandatory Findings of Significance 29 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 document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impacts" or "potentially significant unless mitigated." An Environmental Impact Report is required, but it must analyze only the effects 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. 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I I' ',' n I b' I ',.:'" . ._, ,. ,_,1 10763 WOODSIDE AVE, SUITE A, NTEE;'o'tif""tJ"21J'11"('m) 448-6666 FAX (619) 448-5404 -() \ ' j)12.c.. - Ds- d .d- J 1- m >< %1 - tal -' ... ta ~II:I \;; 'I ~iI';; -~i I ..i. 1.11 Ji r~ ~ I ~ loIO ~I DlLN ~- --- --- -.----.----- l i \ I · I ! 'l!'lti~!~ill!- t ~II[ -~II[ ~t II II ~ II~ R ~ ~ I!b r-1i I : I ~ I II !I ~st'I.;f l ~ r ~iii' '~J ~.~ -~-- --- I I , I I _______.-J -""',~-- ---.-..="-- 411;:+{ FI ~ Q/\fi 7- D l.5 C L- 0 S L/V~ SJ7tr8v1ftl!{ ~\f~ -..- ...- - - ---~~ ~ ~ P I ann n g & Building Planning Division Department Development Processing CIlY OF CHUIA VISfA L) 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 intjarest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. CVRI, LLC The Phair Company, Mgr. ~pvplnpmpnt 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. ,Tpff Ph;'! i r Michael Grant 3. L If any person. identified pursua[1t to (1) above is a non-profit organization or trust, list the names of any,P.er.son serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. t 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 Deve]opmpn~ 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~ 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 ~\r~ --=-- ~---==-- -~ P I ann n g & Building Planning Division Department Development Processing CIlY OF CHUlA VISfA ( ~. APPLICATION APPENDIX B Disclosure Statement - Page 2 7. Have you provided more than $340 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan. etc.) Yes No -1L- If Yes, which official** and what was the nature of item provided? Date: It) -1!-tJ1( A. Grant * M; ('n;:u:::.l ~ G.,..~nt 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 ttie City, employee, or staff members. L .~ L ~ 276 F 0 U it h A v e n U e Chula Vista California 91910 (619) 691-5101 PLANNING COMMISSION AGENDA STATEMENT Item: ... ~ - Meeting Date: 11-30-2005 ITEM TITLE: Public Hearing: Conditional Use Permit, to construct six (6) detached single- family residences in the R-3 Apartment Residential, (R3-P22) Zone. Applicant: Miguel Patterson Per Chula Vista Municipal Code Section 19.28.040 detached single-family units reqUire a conditional use permit in the R-3, Apartment Residential Zone. The Environmental Review Coordinator has reviewed the project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 3 (new construction or conversion of small structures) Categorical exemption pursuant to Section 15303 of the State CEQA Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION: That, based upon the findings of fact, the Planning Commission adopt the attached Resolution, approving PCC-06-007 subject to conditions contained therein. DISCUSSION: 1. Site Characteristics The subject property currently consists of two single family dwelling units. Each of these units are proposed to be demolished. The site is situated east of Third Avenue, west of Second Avenue and is bordered by F Street to the south and Del Mar Avenue to the north. (Attachment 1) 2. General Plan. Zoning and Land Use The project is located in the R.3 - Apartment Residential Zone, with a Precise Plan (P) Designation ofP22 that would allow for 22 units per acre. The (P) designation allows for discretionary approval of development standards and regulations that will allow development within the zone that may not otherwise meet the standards ofthe underlying zone, however no such deviations are proposed for this project. Adjacent zoning and land use include: Zoning Current Land Use Site: North: South: R-3P22 R-3P22 R-3P14 Single-Family Residential Multi-family and Single Family Residential Multi-family, Single Family and Commercial Page 2, Item: Meeting Date: 11-30-2005 East: West: R-1 R-3P22 Single-Family Residential Multi-family and Single Family Residential 3. Background The Design Review Committee considered this project on November 7, 2005. The Committee expressed that they felt this was a good project and found it to be consistent with the City ofChula Vista Design Review guidelines. The committee voted 3-0-1-1 (with Alberdi abstaining and Magallon absent) to approve the design of the project. (Attachment 2 and 3) However, the land use approval for the single family residences in the R-3 Apartment Residential Zone require Planning Commission approval. 4. Proposal The applicant would like to develop an "upscale" condominium development that will be compatible with the surrounding area and that will provide a single-family style of living. Therefore, the applicant has proposed this condominium project with six 1,917 square foot detached units, each with an attached 663 square foot garage and private yards and patios. ANALYSIS: DEVELOPMENT STANDARD ALLOWED PROPOSED Side Yard Setback: 7/7* 7/7 Rear Yard Setback: 17* 17 Lot Coverage: 50 % 34.7 % Height: 28/45** Approx. 28' 11" Parking: 12 off-street spaces (6) Two Car Garages * Side (5/5 feet) and Rear Yard (15 feet) Requirements shall be increased two feet for 25+ foot structures. ** On November 7,2005 DRC approved the 28' II" building height The purpose of the R-3 zone is "to provide appropriate locations where apartment house neighborhoods of varying degrees of density may be established, maintained, and protected." However per Chula Vista Municipal Code 19.28.040 single family homes in the R-3 zone may be allowed subject to a conditional use pennit. Based upon the mass and scale of the existing development in this neighborhood the proposed detached single-family unit project would be an appropriate use for the resulting 13,300-square-foot lot (lot size after the mapping). In addition, the proposal is a way to provide variety of housing type within the Apartment Residential Zone while maximizing the density of the P22 zone. In this case, the density of the P22 designator is 6 units. The goal ofthe applicant is maximize the highest and best use ofthe parcel(s) while creating a single - family allure. The requested conditional use pennit would allow the applicant an opportunity to meet these goals while enhance the public convenience and general welfare of the community by providing quality housing, maximizing the density of the parcel and creating innovative single family homeownership opportunities. Page 3 I Item: _ Meeting Date: 11-30-2005 1. Access/Circulation The site will be provided access by a 24 foot paved driveway. All proposed parking is located within two car garages. 2. Parking The proposed project meets the requirement for parking, however it should be noted that with the provision of all parking within garages, guests will be relegated to parking on the street. The property frontage will allow for approximately four parked vehicles. 3. Landscaping The project is subject to code regulations and design precepts within the Chula Vista Design Manual (CVDM) and the City Landscape Manual (CLM). 15% of the gross site area is landscaped in soft and/or hardscape. The finalized landscaping plan will need to be reviewed and approved by City's Landscape Planner, however the conceptual plan has been reviewed and is to the satisfaction of the City's Landscape Planner. 4. Trash Disposal/Recvcling The project proposes individual trash bins for this project. Provisions have been made within the garages that will provide enough space for three bins per unit (trash, recycling, and green waste). Because of associated on-street parking issues, trash collection at the street is a concern of staff. However, the narrow access to the rear ofthe parcel will not allow for a trash truck to drive on-site and the open space requirements of this project has made it difficult for the applicant to design a trash enclosure in an appropriate location. In light of the City's new recycling and solid waste requirements which requires that each unit have a bin for recycling, trash, and typically greens, it is important that this issue be addressed. The result ofthis project will be 18 individual bins curbside on trash day. Staffhas asked that, at a minimum, the applicant ensure that there are provisions in the CC&R's that will address the timing of trash bins put at and removed from curbside as well as a provision that residents not park street side on trash day. To date the City does not have provisions for no parking signs on trash days, however through the mapping process staff will work with the applicant and the Engineering Department to address this issue further. 5. Architecture The asymmetrical facades will provide dimension and character to the project as well as to the overall neighborhood. The architectural style will be an improvement from the existing simple suburban tract style residences that currently exist on this site. Page 4, Item: _ Meeting Date: 11-30-2005 Per CVMC 19.28.060 the Design Review Committee approved the 28 foot 11 inch (approximately 11 inch deviation from the 28 foot height maximum of the R-3 Zone) for this project. CONCLUSION: The standard of high quality planning and design of this project will enhance the public convenience and general welfare of the surrounding neighborhood. Therefore, based upon the findings of fact, staff recommends the Planning Commission adopt the attached Resolution, approving PCC-06-007 subject to conditions contained therein. Attachments 1. Locator Map 2. Draft Resolution PCC-06-007 3. November 7,2005 DRC Minutes 3. DRC-06-08, Staff Report and Notice of Decision 5. Processing Application and Disclosures J:\Planning\Case Files\-06 (FY 05-06)\PCC\Public Hearing\PCC-06-007~taff Reports\PC\PCC-06-007 StaffReportdoc .4-rr.4CH,f,fIZlt) 1= ( .~ LC!5R NORTH\ 267 and 273 Twin Oaks Avenue Applicant: Miguel Patterson 4nAcH4fCA/T 2.. RESOLUTION PCC-06-007 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT PCC-06-007, A REQUEST TO CONSTRUCT SIX (6) DETACHED SINGLE FAMILY UNITS IN THE R-3 APARTMENT RESIDENTIAL ZONE. WHEREAS, the property is located at 267 and 273 Twin Oaks Avenue, Chula Vista CA 91910 ("Project Site"); and WHEREAS, a duly verified application for a conditional use pennit was filed with the City ofChula Vista Planning and Building Department on July 27,2005 by Mr. Miguel Patterson ("Applicant"); and WHEREAS, said application requests a conditional use pennit to allow for the construction of six (6) detached single-family units in the R-3, Apartment Residential Zone; and WHEREAS, the Design Review Committee at their regular meeting held on November 7,2005 evaluated the project and voted 3-0-1-1 to approve the architectural and site design of the project and; WHEREAS, the Environmental Review Coordinator, in compliance with the California Environmental Quality Act (CEQA) has concluded that this project is a Class 3 categorical exemption from environmental review (CEQA Section 15303, new construction or conversion of small structures); and WHEREAS, the Planning and Building Department Director set the time and place for a hearing on said variance and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely November 30, 2005 at 6:00 p.m. in Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, after considering all reports, evidence, and testimony present at said public hearing with respect to the variance application, the Planning Commission voted 0-0-0-0 to approve the conditional use pennit. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves Conditional Use Pennit PCC-06-007 in accordance with the findings and subject to the conditions contained in this Resolution. FINDINGS: 1. That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. By providing quality single-family detached homes each with a two car garage and private open space the project will enhance the quality of the neighborhood and will promote public convenience and the general welfare of the community. The proposed development will be an efficient and functional use that will help meet the need for quality housing in Chula Vista and that will have a proper relationship to adjacent uses. 2. That such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The requested conditional use pennit will allow the applicant an opportunity to maximize the density of the parcel(s) while creating a single - family allure. Further, the proposed six detached single family units each with an attached two-car garage and private yards and patios will enhance the public convenience and general welfare of the community by providing variety and quality housing opportunities within the Apartment Residential Zone. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposed project is an appropriate use for the resulting 13,300-square-foot lot (size after the mapping) located in the R-3P22 Zone, where, according to the Chula Vista Municipal Code, "The purpose of the R-3 zone is to provide appropriate locations where apartment house neighborhoods of varying degrees of density may be established, maintained, and protected." The project meets the development standards of the R-3 zone. 4. That the granting of such variance will not adversely affect the General Plan of the Citor the adopted plan of any government agency. The project is in accordance with the goals and objectives of Chapter 1 (1-8) of the General Plan Goal 3 which states that "It is the goal of the city to accommodate a fully diversity of housing types, while maintaining an orientation to detached single-family living." Further, Goal 3 states that it is an objective of the City (Objective 11) to "assure that new development meets or exceeds a standard of high quality planning and design. CONDITIONS OF APPROVAL I. Prior to the issuance of any permits required by the City of Chula Vista for the use of the subject property in reliance upon this approval, the applicant shall satisfy the following requirements: A. The detached single family units shall be developed and maintained in accordance with the site plan, floor plan and exterior elevations submitted with the conditional use pennit application and approved November 30,2005. B. Comply with all conditions ofDRC-06-08. C. Prior to, or in conjunction with the issuance of each building pennit, the applicant shall pay all applicable fees, including pennit processing, development impact fees and any and all outstanding fees due to the City OfChula Vista. II. Prior to issuance of occupancy: A. The CC&R's of the proposed detached single family condominiums shall require that the residents and/or visitors shall not park on the street on the evening before trash day through trash day. If a condominum map is not filed and approved at the time of occupancy then a Recycling and Solid Waste Plan that stipulates that the trash bins are put out no sooner than the night before trash pick up and are removed from the curb on the same day as trash pick up shall be submitted and approved by the Planning Department and the Conservation Coordinator. III. The following on-going conditions shall apply to the subject property as long as it relies upon this approval: A. The conditions of approval for this Conditional Use Pennit shall be applied to the subject property until such time approval is revoked, and the existence of this approval with conditions shall be recorded with the title of the property. B. The site shall be developed and maintained in accordance with the plans approved by the Design Review Committee on November 7,2005 . C. Approval of this request shall not waive compliance with all sections of Title 19 of the Municipal Code, and all other applicable City Ordinances in effect at the time of building pennit issuance. D. Any deviation from the above noted conditions of approval shall require the approval of a modified Conditional Use Pennit approval by the Director of Planning and Building. E. This conditional use pennit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this pennit to be reviewed by the City for additional conditions or revocation. F. This Conditional Use Pennit shall be subject to any and all new, modified or deleted conditions imposed after approval of this pennit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Pennittee and after the City has given to the Pennittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive the Pennittee of a substantial revenue source which the Pennittee cannot, in the nonnal operation of the use pennitted, be expected to economic all y recover. G. The Applicant/owner shall and does hereby agree to indemnify, protect, defend and hold harmless City, its City Council members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this modification to Conditional Use Pennit and (b) City's approval or issuance of any other pennit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, Applicant/operator shall acknowledge their agreement to this provision by executing a copy of the Conditional Use Pennit where indicated below. Applicant's/operator's compliance with this provision shall be binding on any and all of the applicant's operator's successors and assigns. III. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL A. Prior to the issuance of any pennits required by the City of Chula Vista for the use of the subject property in reliance on this approval, the Applicant/Representative and property owner shall execute this document in duplicate by signing this original and all original duplicates on the lines provided below, said execution indicating that the Applicant/Representative and Property Owner have each read, understand and agree to the conditions contained herein, and will implement the same. Upon execution, one original document shall be recorded with the County Recorder's Office of the County of San Diego, at the sole expense of the Applicant/Representative, and an original duplicate, signed by the App1icantIRepresentative and Property Owner and stamped by County Recorder's Office, shall be retuned to the Project Planner in the Planning and Building Department. Failure to return the signed and stamped duplicate original of this document within thirty days of the effective date hereof shall indicate the Applicant's/Representative's or Property Owner's desire that the project, and the corresponding application for a business license, be held in abeyance without approval. Signature of Property Owner or Authorized Agent Date Signature of Applicant or Authorized Agent Date IV. CONSEQUENCE OF FAILURE OF CONDITIONS A. If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Failure to satisfy the conditions of this permit may also result in the imposition of civil or criminal penalties. V. INVALIDITY; AUTOMATIC REVOCATION A. It is the intention of the Planning Commission that its adoption of this Resolution is dependent upon the enforceability of each and every 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 and the pennit shall be deemed to be automatically revoked and of no further force and effect ab initio. P ASSES AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 30th Day of November, 2005 by the following vote, to-wit: AYES: NOES: ABSENT: ABST AIN: ATTEST: Vicki Madrid, Chair Diana Vargas, Secretary Design Review Committee Minutes DRAFT .4ff~M eAr( 3 November 7.2005 E. PUBLIC HEARING: 4:39:29 PM Chair Alberdi recused himself from this project and said that Member Mestler would be acting as Chair Pro-temp in his absence. 1. DRC-06-08 Miguel Patterson (Twin Oak Villas) 267 and 273 Twin Oaks Chula Vista, CA Site Dlan and architectural review for six (6) 1.917 sq. ft. detached single-familv units each with a 663 sq. ft. qaraqe. Staff Presentation: 4:40:14 PM Ms. Lynnette Lopez, Associate Planner said the proposed project is for a six unit detached condo project located at 267 and 273 Twin Oaks. The project will require a lot consolidation resulting in a 13,300 sq. ft. lot as well as a conditional use permit to allow for the detached units in the apartment residential zone. In an effort to reduce the massing and scale of the project an approximate 4-ft. grade differential is proposed and will allow for the second story to be built above the garages. STAFF RECOMMENDATION: That the Design Review Committee approves of the project, subject to the conditions noted in the draft Notice of Decision. COMMmEE DISCUSSION: Member Mestler asked if there was a materials and color board for presentation? Ms. Lopez responded that the applicant had forgotten to bring it but could address any questions concerning the materials. 4:48:15 PM Mr. Russell Pond, Architect explained that the color board that they were working on was incomplete because some larger stucco samples did not come in on time. It should be completed by the end of the week and they would be happy to bring it in so that the DRC could review it. Member Bringas thought the architecture was well done and it would enhance the street and inspire other residents to do something similar when remodeling. Since the driveway area was depressed, he inquired about the drainage system whether they would be utilizing a mechanical pump to take care of the water runoff? Mr. Pond replied that any water that comes off the building would be caught with gutters and downspouts and the depressed area will be treated separately. J:\HOME\PLANNING\ROSEMARIE\DRC\MIN-11-7 -05 Design Review Committee Minutes -3-DRAFT November 7. 2005 Member Bringas and Mr. Pond discussed how the sump pump would be housed and where it would be located. Mr. Pond indicated the pump would be at the rear of the property in part of the open space area. Since it is located in a depressed area it would be hidden by a grate in the hardscape. The HOA would be responsible for it's maintenance. The pump itself will operate quietly and will have an alarm to indicate when it's malfunctioning. Member Mestler stated that subterranean parking with infill is not common in Chula Vista and this project could be setting a precedent. How the drainage is handled will be important. It has been her experience that sump pumps can be noisy but they only come on when there is water in them. Ms. Lopez remarked that this would be addressed at the grading phase. Staff has let the applicant know that any design changes, as a result, will have to come back to the ORe. Everyone has been put on notice that the diversion of water is an issue. However, the Engineering Department did not feel that this would be a big concern. Staff felt confident that between the Engineering Department and the applicant they would be able to resolve any issues that might come up. Also the Environmental Section would be reviewing that and noise will be part of that review in the grading study. Ms. Lopez said that she would like to amend Condition lB. in the Notice of Decision referring to colors and materials that were presented at this meeting. Since the applicant didn't have the color board done in time she would recommend that it be brought back to the DRC on November 21, 2005 for review and approval. MSC (Mestler/Bringas) (3-0-1-1) to approve DRC-06-08 as presented with modification to Condition lB. That the colors and materials specified on the building plans must be consistent with the colors and materials board that will be brought to the DRC for review and approval on November 21, 2005. Motion carried with Chair Alberdi abstaining. J:\HOME\PLANNING\ROSEMARIE\DRC\MIN-11-7-05 ;4"t1 A-c HMe;.{.I ~ DESIGN REVIEW COMMITTEE Summary Staff Report CASE NO. DRC-06-08 MEETING DATE: November 7,2005 AGENDA NO..-!.- PROJECT DESCRIPTION: Site plan and architectural review for six (6) 1917 square foot detached single family units each with a 663 square foot garage. NAME AND LOCATION: Twin Oaks Villas 267 and 273 Twin Oaks Avenue Chula Vista, CA 91910 APPLICANT: Miguel Patterson 7440 Girard Avenue Suite ONE La Jolla, California 92037 ARCHITECT: Russell Pond Architect and Associates, Inc. 814 Morena Blvd.. #306 San Diego, CA 92110 ASSESSOR PARCEL NUMBER(s): 568-164-04-00 and 568-164-05-00 ZONE: Apartment Residential (R-3) MODIFIER: P22 = 22 Dwelling Units/Acre STAFF CONTACT: Lynnette Tessitore-Lopez - Associate Planner ... ENVIRONMENTAL STATUS: The Environmental Review Coordinator has reviewed the project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 3 (new construction or conversion of small structures) Categorical exemption pursuant to Section 15303 of the State CEQA Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION: Approve the project, subject to conditions noted in the attached Notice of Decision. DRC-06-08 -2- November 7, 2005 BACKGROUND North: South: East: West: The project site is located on the east side of Twin Oaks Avenue between Davidson to the north and F Street to the south. The parcel is zoned R-3P22 (Apartment Residential with a P modifier that allows for 22 diu per acre. The general plan designation is Residential Medium High: Zoning Land Use R-3P22 Multi-family and Single Family Residential R-3P14 Multi-family, Single Family and Commercial R -1 Single-Family Residential R-3P22 Multi-family and Single Family Residential Per Chula Vista Municipal Code 19.28.040 detached single-family units in the R-3 Apartment Residential Zone require a conditional use permit. Therefore, the applicant has applied for Conditional Use Permit PCC-06-08, to allow for the proposed six detached units. This CUP will require Planning Commission approval. ANALYSIS The project consists of constructing six (6) 1,917 square foot detached single-family units. Each unit will have an attached two car garage and with the two story residence above. The six (6) 663 square foot garages will provide for the required two spaces per unit. The decorative facades, the asymmetrical architecture, and the combination of private and common open space will promote an attractive and funct~onal multiple family residential development. The proposed project meets the required open space of 480 square feet per unit. By nature of the proposed detached single-family units, the required open'space is provided primarily through private open space areas. Due to the horizontal mirror design of this project, large areas of meaningful and usable common open space were difficult to provide. Therefore the project was designed with larger private open space areas with common open space to the front and rear of the parcel. Access/Circulation Each unit/garage will be accessible from a 24 foot wide concrete driveway along the center of the project. The proposed 24 foot aisle at the ground level that separates the units will help provide efficient internal circulation by allowing sufficient maneuvering in and out of the garages. The 1 st and 2nd levels are cantilevered over the ground level resulting in a 16 foot separation between buildings at the upper levels. The proposal provides for pedestrian access and circulation with the provision of a minimum 5 foot walkway along the entire perimeter of the project. This pedestrian linkage will help provide connectivity of the site and access to the units outside of the driveway access area. DRC-06-08 -3- November 7 , 2005 Parkin2: Twelve parking spaces are required for the project. The proposal provides for6 two car garages. The internal location of the garages will help minimize the visual impact to the surrounding neighborhood. To help minimize the visual impacts on site, decorative paving will be used along the length of the driveway. Landscapin2: and Open Space.. Landscaping will be provided that will compliment the natural and architectural elements of the proposed project. The proposal is to include a combination of shrubs, trees, and flowering plants throughout the site. In addition, all landscaping will be subject to the requirements of the City's Landscape Manual and will require review and approval by the City's Landscape Planner. Prior to issuance of a building pennit, an irrigation and water management plan shall be submitted to the City Landscape Planner for review and approval. A majority of the required open space is provided through private yards and covered patios. Staff had concern with proposed bathrooms looking out into the private yards. As a result, the applicant has agreed to provide smaller and higher 1 st floor bathroom windows. Standards Standards Side Yard Setback: Rear Yard Setback: Lot Coverage; Hei ht: Trash Disposal/Recvclin2: The project proposes individual trash bins for this project. Provisions have been made within the garages that will provide enough space for three bins per unit (trash, recycling, and green waste). Because of associated on-street parking issues, trash collection at the street is a concern of staff. However, the narrow access to the rear of the parcel that will not allow for a trash truck to drive on- site and the open space requirements of this project has made it difficult for the applicant to design a trash enclosure in an appropriate location. In light of the City's new recycling and solid waste requirements which requires that each unit have a bin for recycling, trash, and typically greens, it is important that this issue be addressed. The result of this project will be 18 individual bins curbside on trash day. Staffhas asked that, at a minimum, the applicant ensure that there are provisions in the CC&R's that will address the timing of trash bins put at and removed from curbside as well as a provision that residents not park street side on trash day. To date the City does not have provisions for no parking signs on trash days. And from discussions with Engineering such a provision would DRC-06-08 -4- November 7, 2005 be difficult to enforce and costly to implement. PROJECT CONFORMANCE WITH DESIGN GUIDELINES The proposed proj ect will consist of six units 1,970 square foot units. The units will utilize several architectural elements such as asymmetrical facades, variation of colors, window treatments, and variations in roof height. Site Plan Building Placement Section IV -2 of the Chula Vista Design Manual (CVDM) states that The arrangement of structures ...should recognize the particular .characteristics of the site and should relate to the surrounding built environment.... The proposed buildings will be setback 15 feet from the sidewalk with staggered and jogged unit places. The intent ofthe arrartgement of the front elevations is to create variation and visual interest but will help soften the building mass on the street scene, as well. Vehicular Access and Circulation Page IV -3 of the CVDM states that Site access and internal circulation should promote safety, efficiency and convenience. Avoid conflicts between vehicles and pedestrians, minimize dead-end driveways, and provide adequate areas for maneuvering, stacking... and accommodating emergency vehicles. The site will be provided access by a 24 foot paved driveway. The pedestrian walkways along the entire perimeter with a driveway aisle through the middle of the project should help avoid conflicts between vehicles and pedestrians. All proposed parking is located within two car garages. The inward orientation of the triplex and duplex will provide visibility of the parking lot from the units. The proposed 24 foot aisle that separates the units will help provide efficient internal circulation by allowing sufficient maneuvering in and out of the garages. Parking The internal orientation of the garages will help reduce the visual impact to the surrounding area. Each unit will have direct access through the attached garage which will eliminate the need of the resident to walk along the driveway to access their respective unit. The proposed project meets the requirement for parking, however it should be noted that with the provision of ail parking within garages, guests will be relegated to parking on the street. The property frontage will allow for approximately four parked vehicles. DRC-06-08 -5- November?, 2005 Architecture Building, Facade and Roof Articulation This project meets the Chula Vista Design Manual standard ofvarying heights and building facades. Monotonous linear elevations will be avoided by the variations of roof pitch and asymmetrical facades. The asymmetrical facades will provide dimension and character to the project as well as to the overall neighborhood. The architectural style will be an improvement from the existing simple suburban tract style residences that currently exist on this site. The combination of both vertical and horizontal articulation of the rooflines provides interesting dimension to each of the proposed units. All building elevations will employ the same architectural style and elements. Further, the combination of massing creates variation and visual interest. The applicant is requesting an approximate 11 inch increase in height from the 28 foot height maximum of the R-3 Zone. PerCYMC 19.28.060 principal buildings up to three and one-half stories or 45 feet in height may be approved by the design review committee. Materials and Colors Each of the proposed units would use color contrast and variation to enhance the architectural elements of the project. The use of material and color contrast will provide dimension and will complement the architectural style of the project. To provide for further individuality, variations of color patterns will be used on the individual units. Lighting Lighting should be used to provide illumination for the security and safety of on-site areas such as entries, pathways, parking and working areas. The design of light fzxtures and their structural support should be architecturally compatible with the main structures. Building illumination and architectural lighting should be indirect and concealed from view. All exterior lighting shall be selective and shielded to confine light within the site and prevent glare onto adjacent properties or streets (CYDM, p. N-ll). A lighting plan that complies with the Chula.Yista Design Manual (CVDM) shall be submitted to Planning staff for review and approval, prior to issuance ofbuilding permits. Landscaping The project is subject to code regulations and design preceptswithift.the Chula Vista Design Manual (CVDM) and the City Landscape Manual (CLM). 15% of the gross site area is landscaped in soft and/or hardscape. The project proposes the use of decorative paving, larger specimen trees and flowering brush to enhance the entrance, driveway and edges of the project. The perimeter paving provides a path to the common open space to the rear ofthe parcel. The finalized landscaping plan will need to be reviewed and approved by City's Landscape Planner, however the conceptual plan DRC-06-08 -6- November 7, 2005 has been reviewed and is to the satisfaction of the City's Landscape Planner. Excerpted requirements from the above documents and comments and/or conditions of approval from the city's landscape planner are as follows: . Landscaping and screening, such as solid walls or fencing, should be used to enhance the appearance of the site area. - A mixture and variety of planting types and arrangements will be provided to enhance the site through the landscape design. Prior to issuance ofbuilding pennits, additional infonnation on the specific types oflandscaping that will be used and a Water Management Plan shall be submitted to the City Landscape planner for review and approval. ATTACHMENTS 1.) Locator Map 2.) Draft Notice of Decision 3.) Site Plan and Elevations 4.) Conceptual Landscape Plan J:\Planning\Case Files\-06 (FY 05'{)6)\DRC\Public Hearing\DRC.{)6.{)8\StaffReports\DRC.{)6.{)8 267 and 273 Twin oaks Staff Report.doc -- DRC-06-08 -6- November 7, 2005 has been reviewed and is to the satisfaction of the City's Landscape Planner. Excerpted requirements from the above documents and comments and/or conditions of approval from the city's landscape planner are as follows: .' . Landscaping and screening, such as solid walls or fencing, should be used to enhance the appearance of the site area. - A mixture and variety of planting types and arrangements will be provided to enhance the site through the landscape design. Prior to issuance of building permits, additional information on the specific types oflandscaping that will be used and a Water Management Plan shall be submitted to the City Landscape planner for review and approval. ATTACHMENTS 1.) Locator Map 2.) Draft Notice of Decision 3.) Site Plan and Elevations 4.) Conceptual Landscape PIan 5.) Design Review Application J:\Planning\Case Files\-06 (FY 05-06)\DRC\Public Hearing\DRC-06-08IStaffReports\DRC-06-08 267 and 273 Twin oaks Staff Report.doc ~ ~ f.?- ~~: ~~ .............-.-.. ..... "'- Design Review Committee CllY OF CHUIA VISTA NOTICE OF DECISION On DRC-06-08 (Miguel Patterson) 267 and 273 Twin Oaks Avenue Notice is hereby given that the Design Review Committee has considered DRC-06-08 for the property located at 267 and 273 Twin Oaks Avenue. This is a request for a multi-family project consisting of six (6) 1,917 square foot detached single family units each with a 663 square foot garage on a 13,3000 square foot lot in the R3-Apartment Residential (P22) Zone. A lot consolidation will be required for this project. The Environmental Review Coordinator has reviewed the project for compliance with the California Environmental Quality Act and has detennined that the project qualifies for a Class 3 (new construction or conversion of small structures) Categorical exemption pursuant to Section 15303 of the State CEQA Guidelines. Thus, no further environmental review is necessary. The Design Review Committee, under the provisions of Section 19.14.582.1 of the Chula Vista Municipal Code, has conditionally approved said request based upon the following findings of facts: 1. That the proposed development is consistent with the development regulations of the R-3P22 Zone. The proposed development confonns with the development regulations of the R-3 Zone to promote and encourage an intensively developed residential environment.. The project will provide the required off-street parking with the provision of six (6) two-car garages. 2. The design features of the proposed development are consistent with, and are a cost effective method of satisfying, the City of Chula Vista Design Manual and Landscape Manual. The project is consistent with the City Of Chula Vista Design Manual. The architecture of the proposed project will be compatible with the character of the surrounding neighborhood. The proposed project is in proportion to the scale of the surrounding area. The proposed project will be hannonious in style, fonn, size, color and materials and will exceed the standards of quality of the surrounding development. Approval ofDRC-06-08 is conditioned upon the following: I. Prior to the issuance of any pennits required by the City of Chula Vista for the use of the subject property in reliance upon this approval, the applicant shall satisfy the following requirements: DRC- 06-08 Page 2 A. The property owner and the applicant shall execute this document by making a true copy of this Notice of Decision and signing both this original notice and the copy on the lines provided below, said execution indicating that the property owner and applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, the true copy with original signatures shall be returned to the Planning Department. Failure to return the signed true copy of this document prior to submittal for building permits to the Planning Department shall indicate the property owner/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Signature of property owner 267 and 273 Twin Oaks Avenue Date Signature of Authorized Representative Date Planning and Building Department Conditions: B.) The colors and materials specified on the building plans must be consistent with the colors and materials shown on the site plan and materials board approved by the Design Review Committee on November 21,2005. C.) The project is subject to approval and conditions ofthe conditional use application PCC- 06-08 to allow for detached single-family residences in the R-3 Apartment Residential Zone. D.) The driveway entrance IS to be a mmlmum of 24 feet exclusive of curbing and landscaping. E.) Provide a detailed Planting and Irrigation plan for review and approval by the Landscape Planner. F.) A Water Management Plan and a Fencing Plan shall be provided in conjunction with Planting & Irrigation Plan. G.) Lighting for the facility shown on the site plan shall be in conformance with Section 17.28.020 of the Municipal Code. A lighting plan shall be provided that includes details showing that the proposed lighting shall be shielded to remove any glare from adjacent properties. H.) Comply with all requirements of the Building Division including the following: 1) In addition to the City of Chula Vista demolition permit, an air pollution approval will be required for all demolition.. DRC- 06-08 Page 3 2) Plans submitted on or after October 1, 2005 must comply with the new Energy requirements. 3) Submit architectural plans for building permit review that are stamped and signed by a licensed architect. Plans shall include a site plan and building elevations that are consistent with this DRC approval. 4) Structural plans and calculations must be stamped and signed by a California Registered Civil/Structural Engineer. 5) Project shall comply with all Energy Requirements 6) Project shall comply with the California Building Code, California Plumbing Code, California Electrical Code, and California Mechanical Code. I.) A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted for any building and wall plans and shall be reviewed and approved by the Director of Planning & Building prior to the issuance of building permits. Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of the CVMC regarding graffiti control. J.) All ground mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Director of Planning and Building. K.) To determine water sufficiency for this project, a letter from the Chula Vista Fire Department stating fire flow requirements must be submitted to Sweetwater Authority. L.) The applicant shall pay all applicable school fees. M.)The City ofChula Vista Recycling and Solid Waste Plan must be completed and approved by the City's Conservation Coordinator and a copy must be submitted to the Planning Department to be filed as a part of DRC-04-l4. N.) Prior to, or in conjunction with the issuance of each building permit, the applicant shall pay all applicable fees, including permit processing, development impact fees and any and all outstanding fees due to the City Of Chula Vista. Engineering Department Conditions 0.) The applicant must comply with the following conditions to the satisfaction of the City Engineer: 1.) The applicant shall pay all applicable development fees (i.e. sewer capacities fees, traffic signal fees, and development impact fees.) 2.) Grading Plans, in conformance with the City's Subdivision Manual and a grading permit will be required prior to issuance of any building permits. A drainage study and geotechnical/soils study are requied with the first submittal of grading DRC- 06-08 Page 4 plans. How runoff water will be outlet must be demonstrated. Currently there is no storm drain nor sewer connection to a public system at this location. 3.) A lot consolidation is required. In addition, a tentative parcel map and final parcel map will be required for the proposed multi-family units. 4.) Park Acquisition and Development (PAD) fees will be required. 5.) The applicant is required to obtain a construction permit to perform work in the City right-of-way such as: a.) Sewer lateral and storm drain connections to existing public utilities. b.) Removal and replacement of broken curb, gutter, and sidewalk along the proposed project's frontages. c.) Installation of a street light. 6.) Improvement plans prepared by a registered civil engineer shall be approved prior to issuance of a construction permit. 7.) The project must comply with all the applicable provisions of the Model SUSMP for the San Diego Region to the satisfaction of the City Engineer. The project shall incorporate into the project planning and design effective post-construction Best Management Practices and provide all the necessary studies and reports demonstrating compliance with Model SUSMP and the requirements of the NPDES Municipal Permit, Order No.200 1-0 1. The applicant is required to complete the applicable Storm Water Management Forms (provided to applicant May 9,2003). The applicant shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of any grading activities. A water quality study will be required to demonstrate compliance with the requirements of the National Pollutant Discharge Elimination System (NPDES) Construction and Municipal Permits, including Standard Urban Storm Water Mitigation Plans (SUSMP) and Numeric Sizing Criteria requirements. Public Works Conditions: P.) Replace all curb, gutter and sidewalk areas marked in white paint. 1.) 267 Twin Oaks: replace two sections of sidewalk and replace the curb and gutter along the north property line 2.) 273 Twin Oaks: replace driveway, apron and gutter and replace the sidewalk. Fire Department Conditions: Q.) Due to the 16 foot separation of building limitation Units 1 and 4 (as numbered on the site plan) shall be sprinklered. DRC- 06-08 Page 5 Landscaping: X.) All landscaping and hardscape improvements shall be installed in accordance with the approved landscape plan and the comments of the City Landscape Planner. II. The following on-going conditions shall apply to the subject property as long as it relies upon this approval. A.) The site shall be developed and maintained in accordance with the plans approved November 7, 2005. B.) The property must be kept sanitary and litter free as per Chula Vista Municipal Code 8.24.060. C.) All trees and shrubbery are to be maintained. D.) The project must stay in compliance with the State mandate to reduce waste generated by all residences and must comply with the Recycling and Solid Waste Plan filed with the City of Chula Vista Manager of Special Operations office. E.) Approval of this request shall not waive compliance with all sections of Title 19 of the Municipal Code, and all other applicable City Ordinances in effect at the time of building permit issuance. F.) This Design Review permit shall be subject to any and all new, modified, or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety, or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. DRC- 06-08 Page 6 PASSED AND APPROVED BY THE DESIGN REVIEW COMMITTEE OF THE CITY OF CHULA VISTA, CALIFORNIA, this 7th day of November, 2005. AYES: NOES: ABSTAIN: ABSENT: ATTEST: John Schmitz, Zoning Administrator Rosemarie Rice, Secretary ~~~ -.- .~ -,:-- - --~ PI ann ng & Bu Id ng Department Planning Division CIlY OF CHULA VISTA T APPLICATION ." DEVELOPMENT PROCESSING · TYPE A Part 1 o Conditional Use Permit )iQ Design Review o Variance o Special Use Permit (redevelopment area only) o Misc. PLANNING A lication Information Applicant Name f2USS/:./...L- I' ON D Applicant Address ~14 lMOfZ/::~A 9WD. 5TE 5Db JltN /)/~bO/ CA Contact Name f<.USS POND Phone t?/1 2. '17 -2-Pbl fit-x <:[2110 ~/1 2&1 7-ZtfZl Applicant's Interest in Property (If applicant is not the owner, the owner's authorization signature at the end of this form is required to process this request.) 0 Own 0 Rent 0 Other: Architect/Agent: RV.fJ'/:LL peN/) Address: ilf MOI<Ri/A d'--f'IJ. Contact Name: R V.f./'EtA- PONt:> Phone: ~/'1 Z'17 - ZIJ()2. Primary contact is: 0 Applicant 1X1' ~t/Agent Email of primary cq0tact: ?o/)r;/~(/JJ' 6> sfx:.,!Jlu~/l7~f ~ General Project Description (all types) Project Name: TWIN OA/<r V/UA-j ProDosed Use: tP l>erAt::I/El> J'r~ General Description of Proposed Project: R/::/JftlVe TfVtJ J;:=~ ON TWO L.oTS. CO/tlSf)'-I~/I% 7/AJO '-orf ,4-A!IJ /JEI/E..L-()~ ~ tlNI!".!' WI TII 2 c,y/2 GA-ItA 6GS Has this project received pre-application review comments? J&1 Yes (Date:) 7.2. 7. Z()tJ5 0 No L >/vAlE7T~ L-tJP&l. Subject Property Information (all types) Location/Street Address: '2177 4,vLl 2. 7'j TWIN oAK f A-V/.2" Assessor's Parcel #: 5b! - lfo'f -o~ -()lJ Total Acreage: Redevelopment Area (if applicable): A;jF/ . . ffol""Y_II.f'-IJO uU LL General Plan Designation: Rm- r Zone Designation: ~;;P22. Planned Community (if applicable): Current Land Use: R..r I Within Montgomery Specific Plan? 0 Yes ~ No Proposed Project (all types) Type of use proposed: ~ Residential 0 Commercial Landscape Coverage (% of lot): IS. / ~ o Industrial o Other: Building Coverage (% of lot): p. ~.63 ~ 276 Fourth Avenue Chula,Vista California 91910 (619) 691-5101 Form 320 Rev 5.03 Pg 1/2 ~\f? -..- .~ - -- APPLICATION · DEVELOPMENT PROCESSING · TYPE A Part 2 OlY OF CHULA VISfA Residential Project Summary Type of dwelling unit(s): 0ir:J' i e N If) 1/ \./ Number of lots: ~ Dwelling units: / PROPOSED EXISTING { /01 ('tf1)-i'tJ/1 c/q-ft 6--t-- ) (81)C/~ ;f)~ f rt1?tJDcI 1 Bedroom 2 Bedroom TOTAL c;2 tbvs P & dUy1tJ 'd. ~ Oe";ly IOU/ami: Jddi"'iflx;mum buHd;ng he;gh!: .;?f? & &> 3+ Bedroom Minimum lot size: Average lot size: Parking Spaces: Required by code: I J.. Provided: I J- Type of parking (i.e. size; whether covered, etc.): Open space description (acres each of private, common, and landscaping): (r., '/a.JI.~ {q,- (cr~U~-1) 6Qr:, z.P 4:>116 rJl' fl. n" v: -s'm d.f CnL t't.t-mflJot.- Non-Residential Pro"ect Summar Existing: Building Height: Gross floor area: Proposed: Hours of operation (days & hours): Anticipated number of employees: Number and ages of students/children (if ap Parking Spaces: Required by code: Provided: Type of parking (i.e. size; wlJ,elb.e.r-eere-red, etc.): Maximum 76er of employees at anyone time: /" Seating capacity: .~ Authorization Print applicant name: Applicant Signature: Date: Print owner name': Date: Owner Signature.: 'Note: Proof of ownershi Letter of consent may be provided in lieu of signature. 276 Fourth Avenue Chula Vista California 91910 (619) 691-5101 Form 320 Rev 5.03 Pg 2/2 ~~I~ -.- r_ _ __ _ -::-==~= P I ann n g & Building Planning Division I Department Development Processing env OF CHUIA VISTA APPLICATION APPENDIX A Project Description & Justification Project Name: TW1W OAKS VIu..A5 Applicant Name: ~l1SSaL.(... PoN D Please fully describe the proposed project, any and all construction that may be accomplished as a result of approval of this project, and the project's benefits to yourself, the property, the neighborhood, and the City of Chula Vista. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. For all Conditional Use Permits or Variances, please address the required "findings" as listed in the Application Procedural Guide. eVII./lI"d/TJ,. Y 1J.I1:. "'I TI! I J" (;P"'''/l.JJ''/.!.~ Of=. / , iHll) J"f)..r /41' (,Pf';/ ~ INITJI 11 .r;:,q". T1fS I'IlP,.()./";IIl. l.t tp &I1I(iflKc THe ,P~,P,eATI4.f' /Nrt> ONIE 11)0 '"" fj// .t"/TI.: J11f//) &tJNtlT,tvC.T .I"/.r lJ/E.nJQI4IJ t:.IJAI~(}.r .e~CN WIn! If ,-wI) C;IIZ b/IfIZAbtE. TIllE. c~T ZPIVI4"'60 lor I?JPz.z 411IJ /JIG blWlJM.L P4f1f/ ~/H'/bIf/AT/lN IJ" RIII-I/. kf CMN/7I.I"&T/1"V6 If- C-r.:=JVntAt.. /)/l./INE 1711.: 6~1.E~ UlIU 4>G ,ft-/U/:...A/SIJ r~ 17ft: J/7ll:.i:.T 4AM 711;;. II/VIr.! WI"- I"HA//Vl'J4-/A/ 711~ 1V.;.r/,dI.:/f/'///fL .rc;4-t./E f1.I14r II' (,,(/IlI2./E;tIT'-)' F(JIIA/~ tJ/t/ TJV/u p~ S" 1"/Jt/.;l.E-r;. 77fE "~!;J W/C-L dE flM.17/tUY iJ€',tI;u:s.J'~ T/) J9-t,lb11./ A-- IlI/IUlIA/b W6/fT PF- Lt=../f 7J.I1ftI .7D 1-0 ": fl/=Q)f//!2r.;41 tJfJ~N .(')I!k//,;f ;4-.1' NEt-I- ;f-.t '/!::T15J4-<,J::. ;h'lI::./W t1I/L..L. ~I; L.IW;/CA-P/.:;,-t:J T1) /l.I.;;#R1t~ ~ 46t/f}I=-NTlM F€r.:.&11V6 ;4-./ A/ptd.. /1-/ ~EA-T~ A-1I/ /f/.//E.JT TD /"1IG ?/ TY p~ Cf#'~ 1/;./f}4-. 276 Fourth Avenue I Chula Vista I California I ~1 ~1 0 (bl~) b~1-5101 ~~f?- -.- "--- ---- ~~ P I ann & Building Planning Division Department Development Processing n g CIlY OF CHULA VISTA 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 interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. . J J 4- /\,../ ( 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. tv l.s/r 3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as dirEftor of the non-profit organizat,ion or as trustee or beneficiary or trustor of the trust. / /', ,J .' ,(-t- I - / ~ 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. fl-\I>L-,0\ PD~ A,rJ,,:,--~ 5. Has any person* associated with this contract had any financial dealings7 an officialH of the City of Chula Vista as it relates to this contract within the past 12 months. Yes No ~/A- -- If Yes, briefly describe the nature of the financial interest the officialH may have in this contract. 1-/ /- 6. Have you made a contribution oj more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No -LYes _If yes, which Council member? (v I <t- 2 76 F 0 u rt h A v e n u e Chula Vista California 91910 (619) 691-5101 ~~/~ -.- "- - -- - ::::5"= P I ann n g & Building Planning Division Department Development Processing CIlY OF CHULA VISfA APPLICATION APPENDIX 8 Disclosure Statement - Page 2 7. Have you provided more than $340 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12[ months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc,) Yes _ No.L- If Yes, plOt ~I" and what was the nature of "em provided? ~ ; ? Date' ~ __ ~ ~/ut Signature of Contractor/Applicant ~ Print or type name of Contractor/Applicant * Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. 276 Fourth Avenue Chula Vista California 91910 (619) 691-5101 ~v?- -.- "-- --- ~-=-5== P I ann n g & Building Planning Division Department Development Processing CIlY OF CHUIA VISTA APPLICATION APPENDIX C Development Permit Processing Agreement Permit Applicant: Applicant's Address: Type of Permit: Agreement Date: Deposit Amount: This Agreement ("Agreement") between the City of Chula Vista, a chartered municipal corporation ("City") and the forenamed applicant for a development permit ("Applicant"), effective as of the Agreement Date set forth above, is made with reference to the following facts: Whereas, Applicant has applied to the City for a permit of the type aforereferenced ("Permit") which the City has required to be obtained as a condition to permitting Applicant to develop a parcel of property; and, Whereas, the City will incur expenses in order to process said permit through the various departments and before the various boards and commissions of the City ("Processing Services"); and, Whereas the purpose of this agreement is to reimburse the City for all expenses it will incur in connection with providing the Processing Services; Now, therefore, the parties do hereby agree, in exchange for the mutual promises herein contained, as follows: 1. Applicant's Duty to Pay. Applicant shall pay all of City's expenses incurred in providing Processing Services related to Applicant's Permit, including all of City's direct and overhead costs related thereto. This duty of Applicant shall be referred to herein as "Applicant's Duty to Pay." 1.1. Applicant's Deposit Duty. As partial performance of Applicant's Duty to Pay, Applicant shall deposit the amount afore referenced ("Deposit"). 1.1.1 . City shall charge its lawful expenses incurred in providing Processing Services against Applicant's Deposit. If, after the conclusion of processing Applicant's Permit, any portion of the Deposit remains, City shall return said balance to Applicant without interest thereon. If, during the processing of Applicant's Permit, the amount of the Deposit becomes exhausted, or is imminently likely to become exhausted in the opinion of the e City, upon notice of same by City, Applicant shall forthwith provide such additional deposit as City shall calculate as reasonably necessary to continue Processing Services. The duty of Applicant to initially deposit and to supplement said deposit as herein required shall be known as "Applicant's Deposit Duty". 2. City's Duty. City shall, upon the condition that Applicant is no in breach of Applicant's Duty to Payor Applicant's Deposit Duty, use good faith to provide processing services in relation to Applicant's Permit application. 2.1. City shall have no liability hereunder to Applicant for the failure to process Applicant's Permit application, or for failure to process Applicant's Permit within the time frame requested by Applicant or estimated by City. 276 Fourth Avenue Chula Vista California 91910 (619) 691-5101 ~Ut- -.- ~~~ ~~ CllY OF CHULA VISfA P I ann n g & Building Planning Division Department Development Processing Development Permit Processing Agreement - Page 2 2.2. By execution of this agreement Applicant shall have no right to the Permit for which Applicant has applied. City shall use its discretion in valuating Applicant's Permit Application without regard to Applicant's promise to pay for the Processing Services, or the execution of the Agreement. 3. Remedies. 3.1. Suspension of Processing In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has the right to suspend and/or withhold the processing of the Permit which is the subject matter of this Agreement, as well as the Permit which may be the subject matter of any other Permit which Applicant has before the City. 3.2. Civil Collection In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has the right to collect all sums which are or may become due hereunder by civil action, and upon instituting litigation to collect same, the prevailing party shall be entitled to reasonable attorney's fees and costs. 4. Miscellaneous. 4.1 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested at the addresses identified adjacent to the signatures of the parties represented. 4.2 Governing LawNenue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. 4.3. Multiple Signatories. If there are multiple signatories to this agreement on behalf of Applicant, each of such signatories shall be jointly and severally liable for the performance of Applicant's duties herein set forth. 4.4. Signatory Authority. This signatory to this agreement hereby warrants and represents that he is the duly designated agent for the Applicant and has been duly authorized by the Applicant to execute this Agreement on behalf of the Applicant. Signatory shall be personally liable for Applicant's Duty to Pay and Applicant's Duty to Deposit in the event he has not been authorized to execute this Agreement by Applicant. 4.5 Hold Harmless. Applicant shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against any claims, suits, actions or proceedings, judicial or administrative, for writs, orders, injunction or other relief, damages, liability, cost and expense (including without limitation attorneys' fees) arising out of City's actions in processing or issuing Applicant's Permit, or in exercising any discretion related thereto including but not limited to the giving of proper environmental review, the holding of public hearings, the extension of due process rights, except only for those claims, suits, actions or proceedings arising from the sole negligence or sole willful conduct of the City, its officers, or employees known to, but not objected to, by the Applicant. Applicant's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Applicant. at its own expense, shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Applicant's indemnification of City shall not be limited by any prior or subsequent declaration by the 276 Fourth Avenue Chula Vista California 91910 (619) 691-5101 ~~~ -.- "--- -,:...;;: ..................-- ~ ~- P I ann n g & Building Planning Division Department Development Processing CIlY OF CHUIA VISfA Development Permit Processing Agreement - Page 3 Applicant. At its sole discretion, the City may participate at its own expense in the defense of any such action, but such participation shall not relieve the applicant of any obligation imposed by this condition. 4.6 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this agreement against the City unless a claim has first been presented in writing and filed with the City of Chula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. Now therefore, the parties hereto, having read and understood the terms and conditions of this agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto. Dated: City of Chula Vista 276 Fourth Aven Chula Vista, C . /' / By: Dated: y... By: 276 Fourth Avenue Chula Vista California 91910 (619) 691-5101 PLANNING COMMISSION AGENDA STATEMENT Item No.: ~ Meeting Date: 11/30/05 ITEM TITLE: ACTION ITEM: Direction on Policy Framework for Possible Amendment to Section 19.58.022, Accessory Second Dwelling Units - City Initiated At the October 19, 2005 Planning Commission meeting, staff presented preliminary ideas to modify the adopted Accessory Second Dwelling Unit (ASDU) ordinance. The modifications are intended to address certain concerns raised by residents living in areas where ASDU are being built. At the meeting, the Commission received verbal and written input and directed staff to prepare a comprehensive list of comments, ideas and suggestions received the day of the meeting and in prior written correspondence. The comments received could be categorized as follows: 1) building setbacks, 2) parking requirements; 3) building height; 4) ASDU size; 5) notification; 6) other development regulations; 7) exceptions and modifications; 8) design guidelines/standards; 9) approval and inspection process; 10) occupancy requirement; 11) affordable housing; and 12) Agreement. RECOMMENDATION: Provide policy direction to staff. DISCUSSION: The following tables contain the comments for each of the above-mentioned categories and the paragraph (s) below discuss briefly staffs recommendation. The question mark ("?") indicates that staff would like to have Planning Commission direction on that item; the letter "V" on the V es column means that staff concurs with the comments and the comment could be included in the draft ordinance, pending additional legal research and analysis of the item. The letter "N "on the No column means that staff does not endorse the comment or recommendation. However, staff requests policy direction from the Planning Commission on all items listed in this report to commence the preparation the ordinance amendments. It is important to note that the items on this list will be used to formulate the proposed ASDU development regulations, and may take a different form or may be combined in the official document. Page 2, Item No.: Meeting Date: 11/30/05 A. Building Setbacks: Yes No 1 Building setback for detached and attached ASDU should be the same as the Y main structure. 2 Side building setback should be 10ft minimum. N 3 Same as the main structure or 5 ft., whichever is less (staff's draft dev. Regs.) Y 4 Minimum distance from structures located on immediately adjacent lots should be 10ft. (staff's draft dev. Regs.). Y 5 Lots 5,001 to 7000 an ASDU should be attached to the main structure. Lots 7,001 to 10,000 an ASDU should be attached to the main structure. Y Lots 10,001 to 15,000 an ASDU Could be detached, attached or above Lots 15,001 to 20,000 an ASDU could be detached, ~hed or above. (staff's draft dev. ref!s.). ..... ... Item 2 Most of these recommendations could be incorporated in the ordinance amendment. Staffs only concern is the 10-foot side yard setback on both sides prescribed in item 2 (code requires 10 on one side and 3 on the other). In staffs opinion, the combination of design guidelines/standards requiring the orientation of windows and doors away from adjacent homes and yards, single story requirement when these units are not built above the existing house should provide a sufficient safeguard to protect the privacy of surrounding neighbors. Staff s recommendation is item 3. B. Parking requirements: Yes No 1 Remove the provision in the current ordinance allowing the Director of Planning Y to grant parking waivers. 2 Provide garage/open parking stalls location and screening criteria. Y 3 Require one-car garage space per bedroom. Up to 2 bedrooms. N 4 Include language requiring the use of the garage for vehicular storage purposes Y only and not storage. 5 Do not require a garage because it increases the building mass. ? ? 6 Do not allow access to parking from an adjacent property easement N 7 Sliding scale requirement (staff's draft dev. Regs.). For lots 5,001 to 7000 = No parking required Y For lots 7,001 to 10,000 = One open parking stall or one-car garage For lots 10,001 to 15,000 = One open parking stall or one-car garage For lots 15,001 to 20,000 = One car garage 8 Automatic gate opener for parking screening gate should be provided. Y 9 Provide language prohibiting conversion of garages to ASDUs N 10 Current ASDU parking requirements should remain unchanged. ? ? Page 3, Item No.: Meeting Date: 11/30/05 11 ASDU should be served off a common driveway with the main residence Y 12 Provide only one parking space for the ASDU No limit on the number of N bedrooms The majority of these recommendations could be incorporated into the new development regulations and design guidelines. However, items 3, 6 and 9, in staffs opinion, could hinder design creativity and impose a significant impact on the property. Item 3 Most of the units processed during the last 12 months are two bedrooms, which means that the, under item, the required parking would have been 2 on-site spaces. In staff s opinion, the required parking, added to the fact that the majority of single-family homes have more than 2 cars, could significantly affect the single-family aspect of the home and neighborhood. Staffs recommendation is outlined in item 7 Item 6 Staff needs to research the legality of restricting a property owner from acqumng a vehicular access easement from an adjacent property owner associated with an ASDU. A joint access driveway could result in less curb cut in the neighborhood, more landscaping within the front yard and perhaps a much better ASDU integration solution. In staffs opinion, this option could help preserve the residential character and minimize the visual impact that two separate driveways could produce. Item 9 The new design criteria could contain design parameters requiring a proper integration by introducing meaningful building design features, such as architectural projection, cross gable roof projections, etc. C. Building Height: Yes No 1 Do not exceed the height of the main structure by more than 25% N 2 Using the same height standards as the main structure is not appropriate. Single Y story is more appropriate. 3. Detached ASDU should be limited to single story (15ft.), unless the unit or Y portion of the unit is above the existing house. 4 ASDU may not be located on top of a detached garage. Y 5 Height of an ASDU shall not exceed one-story, except that a second story may N be approved if determined that the structure design is not out of character. Building height recommendations could be easily accommodated into the new Development Regulations. Staffs recommendation is item No.3 Page 4, Item No.: Meeting Date: 11/30/05 Item 5 This recommendation could be subject to design interpretations and may create more conflict among the parties involved in the process than the recommendation envisions. Additional language in the ordinance could include this flexibility with certain specific requirements. , D. ASDU size Yes No 1 Sliding scale system. Allow the following ASDU sizes based on the lot area category. Y For lots less than 5,000 0 For lots 5,000 -7,000 450 sq. .ft. For Lots 7001 - 10,000 650 sq. .ft. For Lots 10,001 - 15,000 750 sq. .ft. For lots 15,001 - 20,000 + 850 sq. ft. 2 Allow ASDU on lots less than 5,000 N 3 Limit size of ASDU to 650 sq. ft. or 50% of the primary residence, whichever is N less. 4 ASDU should be clearly an accessory to the main building. Allow a maximum of N o - 60% of the existing house. Uphold the 850 sq. ft. for all lots sizes. N 5 Maximum size for attached units should not exceed 650sq.ft. X Maximum size for a detached ASDU on lots less than one-acre should be 800 sf Maximum size for a detached ASDU on lots larger than one acre 1000 sq. ft. In no event the size of the unit shall exceed the size of the existing structure. 6 Garage shall not exceed 600 sq. ft. or the size of the main structure's garage, N whichever is less. Staffs recommendation is item No. 1. The actual square footage on each of the lot categories could be refined during the more detailed ordinance amendment. E. Notification Yes No 1 Courtesy notice to residents within 100 ft radius describing project. N 2 Request applicant to notify the adjacent property owners about his/her intent to ? ? build an ASDU. 3 Obtain a letter from adjacent neighbors stating that they have reviewed the N applicant's proposal. 4. Post a brightly colored card on the subject property indicating that the property Y owner has filed a building permit for an ASDU. Item 1 If notification is desired, notifying the immediately adjacent property owners are perhaps more appropriate because they are the ones most directly impacted by the construction of the ASDU. Staff could research the feasibility and practicality of expanding the noticing Page 5, Item No.: Meeting Date: 11/30/05 beyond the immediately adjacent property owners, including the ones across a street or alley. However, it is important to note that if legally feasible, the burden of notification should be placed on the applicant, who has the opportunity to accept input from those notified. Item 3 Requiring the neighbors to submit a letter saying they have reviewed the ASDU project is not practical because if they don't like the plan, they could withholding their letter and the submittal for an ASDU would be incomplete. We could require the applicant to make the plans available, but not get their consent or require them to review the plans. Item 4 This noticing alternative could be very effective and perhaps easier to implement. Staff will continue researching the different alternatives and provide a recommendation when the Ordinance is presented for consideration and approval. F. Other Development Regulations and limitations: Yes No 1 Do not allow units to be sold as a separate condominium units Y 2 Do not allow separate street address. ? ? 3 Create a written mechanism to record the ASDU restriction as a deed restriction ? ? on the property. 4 Two water and electrical meters are ok Y 6 ASDU should be served by the same sewer and water lines serving the main Y structure on the lot. 7 Limit the number of bedrooms to 2 N 8 Institute a monitoring program for ASDU N 9 Establish an annual building permit cap for ASDU N 10 Establish a minimum distance within a neighborhood separating ASDU. N 11 Freeze permits temporarily until council adopts the ordinance amendments. N 12 Limit the overall number of ASDU that can be permitted in the City. N Items 8-12 Imposing a cap triggers a de facto moratorium without any of the findings required by Government Code section 65852.2(c). Perhaps you could monitor the total number of permits issued, and if you hit a ceiling, whatever the ceiling might be, the Planning Commission could consider recommending to the City Council to enact a temporary moratorium provided the findings in section 65852.2(C) could be met. This is a similar approach the GMOC uses in some of their thresholds Page 6, Item No.: Meeting Date: 11/30/05 G. Exceptions and Modifications: Yes No I No waivers for parking Y 2 Do not issue permits to properties that do not meet the Zoning Ordinance ? ? property development standards, including minimum lot width and depth. 3 No variances N 4 Do not allow ASDU on non-conforming lots N 5 Non-conformance issues shall be resolved prior to or concurrent with the Y construction of the ASDU. 6 Planning Director should not waive standards. If standards cannot be met, a permit for an ASDU should not be issued. Y 7 Include specific findings to grant waivers. N H. Design Guidelines: Yes No 1 Accessory structures do not unnecessarily or unreasonably encroach upon Y neighboring properties visual or aesthetic manner through it size, location, orientation setback, or height. 2 Design standards addressing topography, landscaping and fencing. In other Y words, no not build ASDU at the edge of a slope. It should also contain language promoting the preservation of the City's character. 3 Require landscaping whenever necessary Y 4 Consider grading when evaluating ASDU permits. Insure that water runoff is Y designed to drain away from adjacent properties. 5 Provide criteria to prevent impacts to locally designated historical homes. Y 6 Include language prohibiting the placement of windows, doors and balconies, Y etc. to look into a neighbor's windows or yard. 7 The ASDU should not impose an unreasonable and unnecessary visual, or Y aesthetic impact on neighboring properties through the size, location, orientation, setback or height, glare, sunlight exposure, air circulation, privacy, scenic views or aesthetics. 8 Provide guidelines promoting health and sustain ability, including guidelines Y about chimney blowing smoke into neighbors property I. Approval/Inspection processes: Yes No I Institute a staff site visit prior to approval of an ASDU - the purpose of the site Y visit is address privacy, grading, vehicular and pedestrian access and other constraints on the lot 2 Prior to accepting the application, city staff should inspect the subject properties Y to verifY that property is able to meet the requirements. After the visit, city staff should provide the property owner/applicant with a list of non-conforming issues. Page 7, Item No.: Meeting Date: 11/30/05 3 Institute a fee to cover the cost of the service. ? ? 4 ASDU should be approved by the Design Review Committee. N 5 Develop procedural guides to detennine and remedy structural and zoning non- Y confonning issues. 6 City staff reviewing and approving ASDU should have a good understanding of Y the review process and procedures, as well as a good understanding of architectural and site design principles. 7 Comply with approval and verify continuous compliance with the ASDU Y Ordinance. Item 4 The state statue is very clear about the process to approve ASDUs. Design review is an administrative process involving a public hearing and therefore cannot be used to approve accessory dwelling units. As an alternative, staff has suggested more detailed design guidelines/standards to be utilized in the Site Plan and Architectural Review process prescribed in the City's Zoning Ordinance. In other words, staff will review the proposal to build an ASDU using this guidelines/standards. If the Guidelines/standards were not met, the permit would not be issued. J. Yes No Require the owner of the property be the occupant of the main structure or? ? ASDU as a prerequisite to obtain an ASDU pennit. Item 1 As we discussed at the October 19, 2005 Planning Commission meeting, the Court of Appeals struck down a Santa Monica statute requiring the occupant of the ASDU to be a dependent of the owner. The decision is based upon the theory that government cannot regulate the identity of the occupant on privacy grounds. However, there is a 1996 decision involving San Dimas, which upheld a local government's condition requiring the applicant of the ASDU to be the owner and occupant of the main structure. The court noted that condition ran with the land. The San Dimas decision did not address privacy related issues, only whether the Government Code extended the local government the authority to impose such a condition. Staff will continue working on this recommendation and make a final recommendation when the Ordinance is presented for Planning Commission consideration. K. Affordable Housing Yes No Introduce an affordable housing restriction requiring a low-income household, or? ? a qualified caregiver occupies the ASDU. For the purpose of this Ordinance, a low-income household is a household, which has a gross income, does not exceed 80% of the San Diego County median, adjusted for household size. 2 Restrict rents to 30% of the household gross income ? ? 3 Affordability should be for a period of 10 years from issuance of occupancy. ? ? Page 8, Item No.: Meeting Date: 11/30/05 City staff is of the opinion that this option is feasible in terms of requiring the applicant to enter into an affordable housing agreement. However, it is also staffs opinion that just providing the second dwelling units alone is a significant contribution to the city's affordable housing stock. One of the concerns with this recommendation is enforcing and monitoring the affordable housing agreements. This program could require additional resources not previously anticipated. Staff will continue working on this recommendation as part of crafting the ASDU ordinance amendments. L. Agreements: Yes No 1 Affordable Housing Agreement ? ? 2 Land Use Agreement. Y Item 2 The land use agreement would memorialize the ASDU approval and limitations For example: it could say that the Accessory second dwelling unit may not be sold separately as a condominium. The Land Use Agreement could also be used to