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HomeMy WebLinkAboutPlanning Comm Reports /2007/11/28 AGENDA MEETING OF THE THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA 6:00 p.m. Wednesday, November 28,2007 City Council Chambers 276 Fourth Avenue Chula Vista, CA CALL TO ORDER: ROLL CALL/MOTIONS TO EXCUSE: Planning Commission: Tripp_ Vinson_Moctezuma_ Bensoussan_ Felber_ Clay ton_ Spethman_ PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE: ORAL COMMUNICATIONS: Opportunity for members of the public to speak to the Planning Commission on any subject matter within the Commission's jurisdiction, but not an item on today's agenda. Each speaker's presentation may not exceed three minutes. CONSENT ITEMS: The Chair may entertain requests by Staff to continue or withdraw an agenda item, The Chair may also entertain a recommendation by a Commissioner to approve certain non-controversial agenda items as consent items. Items approved on consent are in accordance with Staff's proposed findings and in accordance with the recommendation as stated in Staff's report to the Planning Commission. PUBLIC HEARINGS I ACTION ITEMS: 1. PUBLIC HEARING: Consideration of the following applications filed by Brookfield-Shea Otay, LLC, to develop 3.9 acre Concordia Lutheran Church site, located at 267 East Oxford Street: - PCZ 07-08; a rezone from the R-1-7 Single Family Residential zone to the R-1-5-P Single Family Residential zone, with a precise Plan Modifying District; - PCM 08-02, a Precise Plan to establish Precise Plan development standards, architectural and landscape design guidelines; Planning Commission - 2 - November 28, 2007 - PCS 07-07, a Tentative Subdivision Map to subdivide 3.9 acres into 24 residential and 2 open space lots, served by a new public residential street. Staff recommends that public hearing be opened and continued to a date certain of December 12, 2007. 2. PUBLIC HEARING: PCC 08-01; Consideration of a Conditional Use Permit to construct and operate a Senior Living Facility at 505 Mount Miguel Road - Spring Hill Senior Living, LLC. Project Manager: Richard Zumwalt, Associate Planner 3. PUBLIC HEARING: Consideration of the applications filed by IRE Development for three separate parcels totaling 43.6 acres within the existing Eastlake Business Center II a. GPA 07-05; General Plan Amendment to change the land use designation of 16.7 acres at the northeast corner of Fenton Street and Showroom Place from Light Industrial to Retail Commercial. b. PCM 07-04; amendments to the Eastlake II General Development Plan (GDP), and Eastlake Business Center II Sectional Planning Area Plan (SPA), and Planned Community District Regulations, Land Use District Map and associated regulatory documents. c. PCC 05-70; rescind Conditional Use Permit previously approved to establish and operate a Design District on the north side of Fenton Street, both sides of Showroom Place. Project Manager: Jeff Steichen, Associate Planner Planning Commission - 3 - November 28, 2007 4. PUBLIC HEARING: PCC 07-71; Consideration of a Conditional Use Permit to construct and operate a hotel at 2430 Fenton Street in the Eastlake Business Center. Applicant: Innkeepers, USA. Project Manager: Caroline Young, Assistant Planner DIRECTOR'S REPORT: COMMISSION COMMENTS: ADJOURNMENT: To a regular Planning Commission meeting on December 12, 2007. 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 (TOO) at 585- 5647. California Relay Service is also available for the hearing impaired, CHULA VISTA PLANNING COMMISSION AGENDA STATEMENT Item: ~ Meeting Date: 11/28/07 ITEM TITLE: PUBLIC HEARING: Resolution of the City of Chula Vista Planning Commission approving Conditional Use Permit PCC- 08-01, to construct and operate a Senior Living Facility at 505 Mount Miguel Road - Spring Hill Senior Living, LLC. SUBMITTED BY: Director of Planning and Building INTRODUCTION: The project applicant, Spring Hill Senior Living, LLC, requests consideration of a Conditional Use Permit for a lOS-unit senior care facility on a 3.1-acre site at the northeast comer of Mt. Miguel Road and Proctor Valley Road in the San Miguel Ranch Planned Community (see attached Locator Map, Attachment I). BACKGROUND Chula Vista Municipal Code section 19.48.025 requires that planned communities provide and designate a minimum of 1.39 acres of land per thousand population for CPF uses, in order to reserve sites for future institutional uses, such as religious institutions, private schools and senior care and recreational facilities. The CPF land use designation for the site was established by the San Miguel Ranch SPA, which was approved on October 19, 1999. The San Miguel Ranch SPA Planned Community District Regulations also designates the project site as a CPF land use district. The Senior Care and Recreation Use is permitted in the CPF Land Use District upon approval of a Conditional Use Permit. The project also requires approval of Design Review Permit DRC-08-001, which is to be considered by the Design Review Committee on November 19,2007. The site has been on the market and offered to institutional uses such as churches and schools for a period of eight years, since approval of the SPA. The site is currently occupied by the San Miguel Ranch Home-finding center, which is a temporary use on the northerly portion of the site. The use of the building has been terminated, and the building is proposed to be demolished. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed action was adequately covered in previously adopted environmental documents as follows: San Miguel Ranch SPA Plan and Tentative Map Final Subsequent EIR 97-02 and associated Mitigation Monitoring and Reporting Program. Thus, no further environmental review or documentation is necessary. PCC-08-001 Page No.2 RECOMMENDATION Adopt the attached Planning Commission Resolution approving Conditional Use Permit PCC-08- 001, based on the findings and subject to the conditions contained in the attached Resolution. BOARDS/COMMISSION RECOMMENDATION On November 19, 2007, the Design Review Committee voted 3-0-0-2 to approve Design Review Permit DRC-08-001. DISCUSSION Project Site Characteristics: The Project site is located at the northeast comer ofMt. Miguel Road and Proctor Valley Road. Vehicular access to the site is provided by one existing driveway connecting to Mount Miguel Road on the west side of the site. The project proposes retaining this driveway and adding a second driveway connecting to Proctor Valley Road on the south side of the site (see Locator Map). Proctor Valley Road is a 128 ft. wide, 6-1ane Prime Arterial, and Mount Miguel Road is a 102 ft. wide, 4-1ane Class I collector. The project site is adjacent to the extensive network of pedestrian trails serving the San Miguel Ranch and the Rolling Hills Ranch communities. The elevation of existing building pad is 608 feet, which is approximately 20 feet above the street level at the intersection. The grade tapers down to the east until the pad matches the street grade at the easterly driveway. The applicant is proposing to re-grade and re-compact the existing pad, keeping the pad at approximately the same elevation. Adjacent land uses include the Shops at San Miguel Ranch, an eXIstmg neighborhood commercial shopping center located to the south across Proctor Valley Road; an open space preserve including a detention basin, wetland area, and hillside northeast of the site; and an existing single-family residential neighborhood is located to the west, across Mt. Miguel Road. This is the nearest residential area to the site, located approximately 350 feet away, and separated by Mount Miguel Road and a landscaped slope oriented downhill towards the west. Project Description: The Spring Hill Senior Living retirement community will be fully licensed by the State of California Community Care Licensing Division-Department of Social Services (DSS) as a residential care facility for the elderly (RCFE). The retirement community would be a 24-hour per day operation, and would be staffed with three employee shifts: dayshift (7 AM to 3 PM), swing shift (3 PM to 11 PM), and night shift (11 PM to 7 AM). The shift that would have the maximum total staffing is the daytime shift that would have 21 employees (assisted living and memory care combined). Licensing regulations do not specify staffing requirements for assisted living facilities. Licensing does require a State certified Executive Director, one awake staff member in each of our two buildings during nighttime hours, one activities person for both the assisted living building and for the memory care building, as well as overall staffing to meet the needs of the residents. The applicant anticipates having 21 employees on the day shift, 15 employees on the swing shift and, and 8 employees on the night shift, for a combined total for the three shifts of 44 employees. PCC-08-00 1 Page No.3 The project proposes construction of two buildings, including one 89-unit, 35 ft. high! 3-story, 94,400 square-foot assisted living facility, and one 16-unit, 16 foot high/I-story, 12,509 square- foot memory care/ Alzheimer's facility. The facility will include a total of 133 beds, including both buildings (see Attachment 3, site planlelevationslfloor plans). The assisted living building would be located on the western portion of the site facing Mount Miguel Road. The proposed structure would be setback approximately 110 feet from Mount Miguel Road, and 85 feet from Proctor Valley Road. It would be separated from the street by a 24-foot fire lane and a 75 ft. deep landscape lot. The assisted living facility will have 18 studio units, 59 one - bedroom units, and 12 two bedroom units, for a total of 101 beds. The 2-bedroom units would be designed to be converted to separate I-bedroom units, if necessary. The proposed units include a stackable washer/dryer, private full baths, and accessible showers. Smaller units would include a kitchenette with sink, microwave and cabinets, and the kitchenette in larger rooms would add a dishwasher and range, but no oven. The facility's common amenities and services would include group dining facilities, recreational and fitness activities, entertainment, transportation services, beauty salon and barber shop, as well as a movie theater (see Site PlanlElevationslFloor Plans, Attachment 3). The memory care / Alzheimer's facility would be located on the eastern portion of the site facing Proctor Valley Road. This building is L-shaped, setback approximately 30 feet from the road, with an enclosed outdoor patio facing the road. The memory care / Alzheimer's facility would have 16 2-bedroom units for a total of 32 beds. The memory care building is for patients with Alzheimer's disease or other dementia. Each unit would have 2 bedrooms and a full bath, but would not have kitchenettes. These residents would have similar common amenities such as group dining facilities, recreational activities, entertainment, transportation services, and a beauty salon and barber shop. Parking would be provided in two main lots, with 31 spaces in the center of the site at the building entries, and 27 spaces northerly of the assisted living building. Also, 21 parking spaces would be located along the driveway near the Proctor Valley Road entrance. Parking requirements are discussed in the parking section of this report. Vehicle access would include the two 24 ft. wide driveways at the southeastern comer of the site connecting to Proctor Valley Road, and at the northwest side of the site connecting to Mount Miguel Road. The easterly driveway would be aligned with the signalized intersection leading to the adjacent shopping center. Access to the northerly driveway would be restricted to right in and right out turns only (see Attachment 2, condition of approval III.3.d). Along the project frontage with Proctor Valley Road, pedestrian access will be provided by a 5- ft. wide handicapped-accessible sidewalk connecting to the site to the existing 10ft. trail along Proctor Valley Road. Access to the Shops at San Miguel Ranch and other uses to the south is provided by a crosswalk within the adjacent 3-way intersection. Presently, there are no facilities of this kind in Eastern Chula Vista. The nearest existing assisted living facilities to the site are located on Bonita Road, just east of 1-805 in Bonita. PCC-08-00 I Page No.4 Compliance with Development Regulations: The adopted and existing land uses on site and in the surrounding area include the following: Location Site SPA Land Use Designation Comm. Purpose Facility (San Miguel Ranch Neigh M) Existing Land Use San Miguel Ranch Home finding Center / Vacant North Open Space (San Miguel Ranch OS-I) Open Space Preserve Detention Basin South (across Proctor Valley Rd) East Commercial Retail (San Miguel Ranch Neigh. N) Open Space (San Miguel Ranch OS-I) Shops @ San Miguel Ranch Open Space Preserve West (across Mt. Miguel Road) Salt Creek I SPA Single -Family Residential Existing Single -Family Residential ANALYSIS: In recommending approval of the requested CUP to the Planning Commission, staff relies on the following points: Staffing/Hours of Operation/ Operational Profile The applicant has prepared a detailed project description/operational profile that describes the project operations, residents, staffing, amenities, services and hours of operation (see Attachment 2, Exhibit B, Project Description/Operational Profile). Staff recommends a condition of approval that the project operate in compliance with the applicable sections of this project description/operational profile. Parking The San Miguel Ranch SPA Planned Community District Regulations require that the parking for the project be determined by approval of the Conditional Use Permit and Site Plan for the project. The City Municipal code contains a parking standard for "Nursing homes, Convalescent homes, and Homes for the Aged" (1 parking space per 3 beds). However, in staffs estimation, this is not applicable since the project proposes individual units with amenities that exceed those of typical nursing homes, such as separate living rooms, kitchens, bedrooms and patios, that could attract more mobile and affluent residents. Staff requested that the applicant model the parking study after similar higher-end assisted living facilities, not nursing homes. In order to determine the appropriate parking for the assisted living facility, Darnell & Associates prepared a traffic and parking study dated October 1, 2007, which studied seven similar projects in San Diego, Orange and Riverside Counties. The study modeled the project as a Congregate Care use, which includes independent living and assisted living uses, typically including kitchenettes and ability of residents to own cars. The Institute of Traffic Engineers PCC-08-00 I Page No.5 recommends 0.41 parking spaces per unit for these facilities. The study found that other jurisdictions have typically applied a parking standard of I parking space per 0.5 beds for these facilities. These standards include parking to support resident, employee, visitor, and special care visits. The Project does not propose independent living, however the amenities included in the assisted living units will be upgraded to create units that will respond to a changing market that is demanding a wider range of amenities, to create an environment more like a home, and less like an institution. The applicant, who has experience operating these types of facilities, has indicated that the age and physical condition of the residents, the pre-paid dining program, transportation services, and on-site amenities such as a gift shop, beaut ylb arb er shop, and movie theater, are the reasons why a majority of the residents would not drive. A van will be provided for the residents for scheduled transportation to medical services, shopping, and occasional excursions. According to the applicant, the largest number of employees on site at one time is anticipated to be 21 persons during the day shift. The maximum number of non-employees who regularly work or visit the premises is estimated to be 4. Deliveries are estimated at approximately 3 times a week. Their operational estimate of the peak hour visitors is 5. Therefore, in the worst-case scenario, the parking needed to support employees, deliveries, non-employee workers, and visitors would be approximately 30 spaces, not including the parking for the residents' cars. Hypothetically, this would leave approximately 49 spaces available for use by residents, which is equivalent to a ratio of 0.46 parking spaces per unit, or 0.37 parking spaces per bed. The Parking study recommends a standard of I parking space per 0.5 beds, which for this project with 133 beds would require 67 parking spaces. A key recommendation is the use of van transportation for residents, which has been included as a condition of approval. The project proposes 79 parking spaces, and all available parking will be provided on-site. The study found that this amount of parking is adequate to serve employees, visitors and residents. Staff supports the conclusions of the study, but recommends an additional condition of approval limiting the use to assisted living and memory/ Alzheimer's care uses only. Any change of use will required modification of the CUP and a revised parking analysis. Traffic The study analyzed the Project as a Congregate Care Facility at 2.5 trips per unit, generating 263 Average Daily Trips, with II am peak hour trips and 21 pm peak hour trips. The study modeled existing plus project conditions, as well as build-out plus project conditions scenarios. This analysis demonstrated that the project does not have any significant impacts to roadway segments or intersections in the vicinity, and thus, no traffic mitigation measures are required. Compatibility with surrounding area In staffs opinion, this is an excellent site for the proposed use because it is adjacent to major roads, a neighborhood commercial shopping center, public transit, a public park and a fire station that can serve the project's residents. Adjacent residential uses are separated by major roads, and open space lots with significant grade separation, and should not be affected by project operations. The site is located at the major entrance to the San Miguel Ranch community, and the architecture of building will create a positive entry statement that will be compatible with the architectural theme established by the San Miguel Ranch Design Guidelines, and will complement the adjacent commercial architecture. PCC-08-00 I Page No.6 The site is located adjacent to an open space preserve and detention basin to the north serving the San Miguel Ranch community. The project is required to comply with applicable provisions of the Final Subsequent Environmental Impact Report 97-02 and Mitigation Monitoring and Reporting Program for the San Miguel Ranch project, which include mitigation measures addressing any potential biological, noise, drainage, and water quality impacts of the Project. If applicable, compliance with these measures will be required prior to issuance of grading or building permits for the project. The Project will be conditioned to operate in compliance with the Performance Standards of the San Miguel Ranch Sectional Planning Area Community Purpose Facility Land Use District, and with Municipal Code Chapter 19.66. CONCLUSION: For the reasons mentioned above, staff recommends that the Planning Commission adopt the attached Planning Commission resolution approving Conditional Use Permit PCC-08-001 based on the findings and subject to the conditions contained therein. DECISION-MAKER CONFLICTS: Staff has reviewed the property holdings of the Planning Commissioners and has found no property holdings within 500 feet of the boundaries of the property, which is subject to this action. FISCAL IMPACT There are no fiscal impacts from the preparation of this report and the processing of the CUP. All costs are covered by the application deposit accounts. ATTACHMENTS 1 Locator Map 2 Draft Planning Commission Resolution 3 Site Plan/Elevations/Floor Plans 4 Ownership Disclosure Form Prepared by: Richard Zumwalt, Associate Planner, Planning and Building Department J: planning\casefiles\08\PCC\publichearing\PCC 08-001-PC-AS-II-05 Single ....--/ Family Residential C-- Open Space --J "'- Preserve "'0 C!::: Q) :J .Q'J ~ - C :J o ~ Neighborhood Commercial Center Multi- Family Residential PROJECT lOCATION Fire Station Mackenzie Creek Public Park Thurgood Marshal Elementarv School Mackenzie Creek Rd. Multi- Family Residential CHULA VISTA PLANNING AND BUILDING LOCATOR PROJECT PROJECT DESCRIPTION: C) APPLICANT: Spring Hill Development, LLC :~~~~: 505 Mount Miguel Rd SCALE: FILE NUMBER: No Scale PCC-08-001 -. DEPARTMENT CONDITIONAL USE PERMIT Project Description: Proposing CUP for assisted living/dementia facility for senior care use. The use requires CUP in the CPF zone. Related cases: DRC-08-01 NORTH L:\Gabe Files\locators\pcc08001,cdr 07.18.07 ATTACHMENT 1 ,- '/-r1A C-(tyV1 EAJ T L RESOLUTION NO. PCC 08-001 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT, PCC-08-001, TO CONSTRUCT AND OPERATE THE A SENIOR LIVING FACILITY AT 505 MOUNT MIGUEL ROAD - SPRINGHILL SENIOR LIVING, LLC. WHEREAS, a duly verified application for a Conditional Use Permit was filed with the City ofChula Vista Planning and Building Department on July 10, 2007, by Spring Hill Senior Living LLC, ("Applicant"); and WHEREAS, said Applicant requests approval of a Conditional Use permit, PCC-08-001 to construct and operate a senior care facility with an 89 unit assisted living facility and a 16-unit memory carel Alzheimer's facility ("Project"); and WHEREAS, the area of land commonly known as the Spring Hill Senior Living Project, 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 one site totaling 3.1 acres, located at 505 Mount Miguel Road ("Project Site"); and WHEREAS, the Director of Planning and Building set the time and place for a hearing on said Conditional Use Permit 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 28, 2007, at 6:00 p.m. in the City Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed action was adequately covered in previously adopted environmental documents Final Subsequent Environmental Impact Report FSEIR 97-02 and associated Mitigation Monitoring and Reporting Program. Thus, no further environmental review or documentation is necessary; and WHEREAS, after considering all reports, evidence, and testimony presented at said public hearing with respect to the Conditional Use Permit application, the Planning Commission voted to approve the Conditional Use Permit; and WHEREAS, the Planning Commission of the City of Chula Vista does hereby make the findings required by the City's rules and regulations for the issuance of conditional use permits, as herein below set forth, and sets forth, there under, the evidentiary basis that permits the stated finding to be made: Resolution Page 2 of6 I. 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. Approval of the project will allow the applicant to provide a state licensed senior care complex including an assisted living facility and a memory carel Alzheimer's facility to provide a higher level of services for senior citizens in the community. The project will include architecture and landscaping that will improve and enhance the image of the neighborhood. Its location is desirable for provision of senior care services because the site is in a highly visible and conveniently accessible location to existing residential neighborhoods, senior housing, transportation facilities, neighborhood shopping, and public services such as parks, schools and a fire station. The nearest existing assisted living facility is located in Bonita approximately 5 miles to the west, and the availability of senior care facilities in the eastern part of the City is limited. Therefore, approval of the Project will enhance the level of senior care services for residents of the surrounding community. 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 Spring Hill Senior Living retirement community will be fully licensed by the State of California Community Care Licensing Division-Department of Social Services as a residential care facility for the elderly, and will be managed to provide a wide range of services to residents on-site, and minimize the need for residents to leave the facility. A traffic and parking analysis has been prepared that shows that the project will not generate a significant amount of traffic that will impact the adjacent streets. The project will provide sufficient parking to serve the project residents, visitors, and employees on- site, without affecting the amount of parking available in the surrounding area. Project operations will not affect adj acent residential neighborhoods because the nearest residential area to the site is located approximately 350 feet to the west, and is separated by Mount Miguel Road and a landscaped slope oriented downhill towards the west. The lands~aping and drainage facilities of the site will be designed so that the project will not adversely impact the adjacent open space lot to the northeast. Therefore, the operation of the facility will not adversely affect adjacent persons or properties. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The use is consistent with the requirements of the Planned Community Zone, and the San Miguel Ranch SPA Plan Community Purpose Facilities (CPF) land use district. The project conditions of approval require the operation to be in continuing compliance with all applicable city codes and regulations. 4. That the granting of this Conditional Use Permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. The Chula Vista General Plan and Municipal Code requires that planned communities provide and designate a minimum of 1.39 acres of land per thousand population for Community Purpose Facilities (CPF), in order to reserve sites for uses such as religious Resolution Page 3 of6 institutions, private schools and senior care and recreation. The project is consistent with the permitted CPF land uses. Therefore, approval of a Conditional Use Permit will enable implementation of the General Plan and San Miguel Ranch SPA Plan. CONDITIONS OF APPROV AL I The Planning Commission of the City of Chula Vista hereby grants Conditional Use Permit PCC-08-001 subject to the following conditions of approval required to be satisfied by the Applicant and/or property owner(s), as specified below: I. The Applicant shall satisfy the applicable requirements of this Conditional Use Permit and Design Review Permit (DRC-08-01) prior to the issuance of the first building permit. 2. Prior to, or in conjunction with the issuance of the first building permit, the Applicant shall pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ-1450. 3. Prior to the issuance of building permits for the project, the Applicant shall comply with the "Construction Site Policy for Compliance with Fire Safety Provisions to the satisfaction of the Chula Vista Fire Department. New construction shall comply with CVFD policy 2916.01 for access, turnarounds, and water supply. To demonstrate compliance with this policy, provide exhibits showing that driveway design, construction, gradient, and truck turning requirements have been satisfied. II. The following conditions of approval shall be satisfied prior to establishment of the use or occupancy of the site: I. The site shall be developed and maintained by the Applicant and lor their successors-in- interest in accordance with the approved plans, dated November 8, 2007, which include site plan, conceptual landscape plan, floor plans, and elevations plans on file in the Planning Division of the Planning and Building Department, the conditions contained herein, and applicable requirements ofCVMC Title 19. 2. Pursuant to DRC-08-01 Final Notice of Decision, the Applicant shall obtain approval of a revised site plan by the Director of Planning and Building, and a grading permit by the City Engineer. Plans shall ensure that the grading and construction activities shall not encroach into the existing on-site slope/daylight line adjacent to the open space lot on the northeast side of the site. III. Upon certification by the Director of Planning and Building for occupancy or establishment of use allowed by this Conditional Use Permit, the following conditions shall apply: 1. The conditions of approval for this permit shall be applied to the subject property until such time that the conditional use permit is modified or revoked. 2. This Conditional Use Permit authorizes only the use specified in the application for PCC- 08-00 I, and further described in Exhibit "8" to this resolution. Any new use, modification/expansion of use, or activities not authorized under this Conditional Use Permit shall be subject to the review and approval of the Planning Commission. Any Resolution Page 4 of6 deviation from the above noted conditions of approval shall require the approval of a modified conditional use permit. 3. The Applicant shall ensure that the Project complies with the parameters of the use outlined in the application, and CVMC Title 19, including but not limited to the following: a) Hours of operation will be 24 hours per day, 7 days a week; b) The project shall operate in compliance with the project's Project Description/Operational Profile outlined in Exhibit B. c) Facility shall operate in compliance with the Performance Standards of the San Miguel Ranch Sectional Planning Area - Community Purpose Facility Land Use District, and with Municipal Code Chapter 19.66. d) Driveway accessing Mount Miguel Road shall operate as a right-turn in and right- turn out only, and shall include sign age at appropriate locations indicating such restriction. e) Driveways shall remain clear of parked vehicles or other obstructions at all times. t) All vehicles shall be parked only in designated parking spaces. g) Project shall maintain 79 parking spaces available for employees, visitors and project residents. h) The applicant shall provide daily bus/van service to the residents for necessary field trips, appointments and shopping, for the duration of this use permit. 4. This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the 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. 5. This permit 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 permit to be reviewed by the City for additional conditions or revocation. IV. The applicant/owner shall and does hereby agree to indemnify, protect, defend and hold armless 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 fess (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this Conditional Use Permit where indicated below. Applicant's/operator's compliance with this provision is an express condition of this Conditional Use Permit and this provision shall be binding on any and all of applicant's/operator's successors and assIgns. Resolution Page 5 of6 Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90-day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, review, set aside, void or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees in connection with this project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. The property owner and the applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy of this recorded document within ten days of recordation to the City Clerk shall indicate the property owners/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the City Clerk's Office and known as document No. Signature of Property Owner Date Signature of Representative Date INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Planning Commission that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provision, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the Conditional Use Permit shall be deemed to be automatically revoked and of no further force and effect. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION adopts the resolution approving the conditional use permit, PCC-08-01, in accordance with the findings and subject to the conditions contained in this resolution. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 28th day of November, 2007, by the following vote, to- wit: Resolution Page60f6 AYES: NOES: ABSENT: ATTEST: Diana Vargas, Secretary J: planning\casefiles\08\PCC\publichearing\PCC 08-0I-PCC-resolution Exhibit A - Locator Map Exhibit B - Operational ProfilelProject Description Bill Tripp, Chair b PROJECT LOCATION Mackenzie Creek Public Park Thurgood Marshal Elementarv School CHULA VISTA PLANNING AND LOC)CATOR ~~~I~ Spring Hill Development, LLC :~~~1: 505 Mount Miguel Rd SCALE: FILE NUMBER: No Scale PCC-08-001 BUILDING DEPARTMENT NORTH PROJECT DESCRIPTION: MISCELLANEOUS Project Description: Proposing CUP for assisted living/dementia facility for senior care use. The use requires CUP in the CPF zone. Related cases: DRC-08-01 L:\Gabe Files\locators\pcc08001,cdr 07,18,07 e'fvll 16 iT A September 21,2007 Spring Hill Senior Living Project Description/Operational Profile Conditional Use Permit Application PCC-08-01 Location: NE Corner of Proctor Valley Road at Mt. Miguel Road, Chula Vista, Ca. Project Description The existing Welcoming Center for new home sales at the San Miguel Ranch master planned community will be torn down and a retirement community will be built in its place. The Spring Hill Senior Living retirement community will consist of a 3-story, 92-unit assisted living building that will be fully licensed by the State of California Community Care Licensing Division-Department of Social Services (DSS) as a residential care facility for the elderly (RCFE). The retirement community is a 24-hour per day operation. We anticipate that our average resident will be a single woman of approximately 84- years of age. Approximately, 10% of our residents will be couples. We will have our own van and will provide our residents with scheduled transportation to medical services, shopping, and occasional excursions. Transportation needs will be minimized because we provide many services onsite such dining that includes 3-meals per day plus snacks for all residents as required by licensing (all residents pay monthly as part of their rent for our dining services and no discount is available for opting out); an onsite beauty/barber shop; a gift shop that will sell cards, toothpaste, shampoo and various sundries; a movie theatre; entertainment, and onsite activities/exercise programming. We will have an employee lounge for our employees and many of our staff will purchase a meal during their shift from our dining room at a reduced price. The project's location is across from the Shops at San Miguel Ranch and residents will be able to cross the street in a designated cross walk one of two adjacent traffic signals. The convenience of the adjacent shopping center may further minimize our traffic generation. Each apartment contains its own stackable washer/dryer and private full baths with handicap accessible showers. The studio apartments contain kitchenettes (sink, microwave, and cabinets) and the one bedroom and two bedroom apartments contain kitchens with a sink, dishwasher, cabinets, microwaves, range but no oven). Our experience in our other retirement communities has taught us that the apartments are more marketable to the adult children of our seniors and to the seniors themselves if they contain kitchens and stackable laundry equipment. We like to give our residents choice to do their own laundry or prepare a meal but very few of our residents do so because we offer excellent and convenient services onsite. The reason that residents and family like these amenities is that it is difficult to accept the fact that residents are giving up much of their independence. Many adult children feel a certain amount of guilt in having a relative live in a retirement community instead of in their own home or the home of a relative. By providing the services and conveniences of home in our retirement community, we lessen the guilt of both family and residents alike and smooth the transition process. Our memory care building (for residents with Alzheimer's or other dementias) will be a single story structure containing 16-studio apartments. The apartments each have their own private full baths but do not contain kitchenettes or stackable washer/dryers. It is E't.Hj~rJ~ Spring Hill Senior Living Operational Profile Page 2 very rare that we have any couples occupying a studio apartment in the memory care building. This building also will be fully licensed by the State of California Community Care Licensing-Department of Social Services (DSS). Many services are provided onsite such as our dining services, activities, entertainment, and an onsite beauty/barber salon. Using our van, we also provide these residents with escorted transportation to medical appointments. Staffing We staff the entire retirement community 24-hours per day on three employee shifts (7 AM to 3 PM, 3 PM to 11 PM and 11 PM to 7 AM). The shift in which we have our maximum total staffing is the daytime shift in which we will have 21 employees (assisted living and memory care combined). Licensing regulations do not specify staffing requirements for assisted living facilities. Licensing does require that we have a State certified Executive Director, that we have one awake staff member in each of our two buildings during nighttime hours, that we have one activities person for the assisted living building and for the memory care building and that we provide overall staffing to meet the needs of our residents. We anticipate having 21 employees on the day shift (7 AM to 3 PM), 15 employees on the (3 PM to 11 PM shift), and 8 employees on the night shift (11 PM to 7 AM) for a combined total for the three shifts of 44 employees. The maximum number of non-employees who regularly work or visit the premises is estimated to be 4 non-employees on the premises. We are estimating that the worst case would be if food delivery and landscaping were to occur at the same time. An operational estimate of the peak hour visitors is 5. Most visitors arrive throughout the day at varying times with most visits occurring from 9 AM to 7 PM. On a typical day, we would not anticipate having more than 5 total visitors. We typically have a weekly food delivery supplemented by perishable items such as bread, milk, butter, that are delivered separately a few times per week. Deliveries typically occur at non-peak traffic times such as mid-morning or mid-afternoon. All of the onsite employees will be employees of the facility. Spring Hill Senior Living is our management company that oversees the operations of the facility. Spring Hill will have employees visiting the Chula Vista community on an ongoing basis to assist with training and to oversee the day to day operations. Initially, Spring Hill Senior Living's management company will be visiting every few weeks (our regional director of operations and our director of resident services). Once the Chula Vista community reaches stabilization, we would anticipate that Spring Hill would make 6 to 8 visits to the community annually. Residents We anticipate that the average age of our residents will be 84 years old. Approximately 5 percent of our residents will be in their 70s, 75 percent of our residents will be in their 80s and approximately 20 percent of our residents will be in their 90s. We require our residents to pay an inclusive rate that includes 3 meals per day plus our activities program, and housekeeping. We are including full kitchens and stackable washer/dryers in the apartments not because we expect these features to be regularly utilized but to make our project more marketable to the Spring Hill Senior Living Operational Profile Page 2 adult children who are frequently involved in the decision making process (as there is often times "guilt" associated with "placing" a relative in a facility and prospective residents also resist moving into a facility because they have trouble acknowledging their loss of independence. Parking We have been developing and operating assisted living facilities since 1996. These initial facilities were built with 1 parking space for every three apartments. Our more recent assisted living facilities have been built with between 1 parking space for every three units and 1 parking space for every two apartments. All of our communities have adequate parking to accommodate the needs of our staff, visitors and residents who drive. Skilled nursing facilities do require more parking than assisted living facilities because the level of staffing is substantially higher than for assisted living facilities. Staffing levels for skilled nursing facilities are regulated and very specific (3.2 hours per resident day). The parking requirement differential has everything to do with the number of employees and very little to do with the number of our residents who drive. We will provide scheduled transportation with a 12-person van to doctors appointments and for other scheduled outings. In fact, we provide certain amenities such as a dining program, fitness and wellness program, a gift shop, beauty/barber shop, activities, movie theatre because our residents, for the most part, don't drive. These amenities allow our residents to lead normal lives within our community without having to rely on driving themselves or our scheduled transportation for most daily activities. The parking that we are proposing to provide at our Chula Vista location exceeds what we are providing on a per unit basis at any of our other locations. We are providing for 79 onsite parking spaces of which three will be dedicated for handicapped parking and two will be for loading. This parking will be more than sufficient to meet our needs. "c) !7Acf/ 3 ii ~~ .6. ~Z~ V'" .. ! ! u '. H .-' 0." . s!'" ! <: i I i !~ ! i i f. j!f H I i . JJj l~ . i LU < , / / '" ," J ,,'" ~ Ii\ ; ~ a ~b. _ "i ~;i ~ !~ o r'''.''-' ! r'.....-. I r......-. . ! i5~:i5:. ~ .~ . i J mm.- 11 L !mmU ji ~i H I H. iP i .r j ~ .6. ~z~ V'" ~:I ~~ c..~ ~5 (/)0 ~ o . + , ! ~I != \. If I + ~ i , T , ! 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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, contra~ subcontractor, material supplier. . r;~~, ~: ~1~~t..';~tlEof . 6" - . A~. . ~ J ~ +rWl/\ If any pers 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. 2. 3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profrt organization or as trustee or beneficiary or trustor of the trust. 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. 5. Has any person* associated with this contract had any financial dealing~h 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 contributiolj,1 ~ more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No ~ Yes _If yes, which Council member? 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) UIonths? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes_ No~ If Yes, which official** and what was the nature of item provided? Date: 1- S-~ ,;4~~~ Signature of Contractor/Applicant ~ A/J. r MS. I":) I 'O-f'\ Print or type name of Contractor/Appli nt * Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fratemal 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, Chula Vista Redevelopment Corporation member, Planning Commissioner, member of a board, commission, or committee of the City, employee, or staff members. September 8, 2006 CHULA VISTA PLANNING COMMISSION AGENDA STATEMENT Item: 3 MeetingDate: 11/28/07 ITEM TITLE: Public Hearing: Consideration of the following applications filed by IRE Development, for three separate parcels totaling approximately 44 acres within the existing EastLake Business Center II. a) GPA 07-05: General Plan Amendment to change the land use designation of 16.7 acres at the northeast comer of Fenton Street and Showroom Place from Light Industrial to Retail Commercial. b) PCM 07-04: amendments to the EastLake II General Development Plan (GDP), and EastLake Business Center II Sectional Planning Area Plan (SPA), and Planned Community District Regulations, Land Use Districts Map and associated regulatory documents. c) PCC-05-070 Rescind Conditional Use Permit previously approved to establish and operate a Design District on the north side of Fenton Street, both sides of Showroom Place. SUBMITTED BY: Jeff Steichen, Associate Planner REVIEWED BY: Jim Hare, Assistant Director of Planning and Building INTRODUCTION The applicant is proposing to introduce commercial retail uses within the existing Eastlake Design District in order to complement the existing furniture and home decorating businesses presently in the District. The additional commercial uses are intended to bring more foot traffic to the District, improving its mercantile posture and potential for success. The applicant is also proposing certain modifications to the property development standards to accommodate up to five story buildings, special parking ratios and professional and medical office uses, including medical clinics. Specialty retail related to home improvement is currently allowed under a previously approved Master Use Permit. However, these uses and other developmental and operational flexibilities have been incorporated into the proposed SPA plan. Thus, the Master Use Permit is no longer necessary and is proposed to be rescinded. BACKGROUND In November, 1999 the EastLake Business Center II SPA (SPA) was created to allow a 108-acre expansion of the original Business Center which was established in 1985. The SPA was approved in order to complete the anticipated employment/industrial development within the EastLake Planned Community. In April, 2005, an amendment to the SPA document was approved to allow approximately 35 acres near the eastern edge of the Business Center to be Case No: GPA 07-05/PCM 07-04 Page 2 developed as a home improvement/design center. To date, Phase I of the Eastlake Design District, consisting of approximately 234,000 square feet of building, has been constructed on approximately 16.7 acres. Phase II consists of approximately 17.7 acres and is located just west and north of the existing Design District (see Locator Map). This area is part of the total approximately 35 acres currently regulated by the Design District Overlay established in 2005. A neighborhood meeting took place on September 12, 2007 to introduce the Applicant's development and rezoning proposal. Approximately 40 residents and business owners attended the meeting and commented on the project. Most of the concerns expressed at the meeting were related to the proposed increase in building height and massing. However, the applicant was commended for the quality of the proposed development and the recently completed Eastlake Design Center. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Quality Act (CEQA) and has conducted an Initial Study, IS-07-015 in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that the project could result in significant effects on the environment. However, revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-07-015. RECOMMENDATION That the Planning Commission adopt the attached Planning Commission Resolution GPA 07-05/PCM 07-04, recommending that the City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-07-015) issued for the Project and approve these applications filed by the applicant based on the findings and subject to the conditions contained in the attached draft City Council Resolution and Ordinance. DISCUSSION 1. Existing Site Characteristics The 44 acre project site encompasses the easternmost portion of the existing EastLake Business Center. The site is bounded by Otay Lakes Road to the south, existing EastLake Business Center to the west, Rolling Hill Ranch residential development to the north and EastLake Woods West to the east of the site (see Locator Map). Due to the size, location and configuration, the overall project site has been divided into three areas: Area A consists of 16.7 acres located at the northeast comer of Fenton Street and Showroom Place. The site contains the existing EastLake Design District. Area B consists of 17.7 acres at the northwest comer of Fenton Street and Showroom Place. The site is consists of vacant leveled building pads. Area C, located south of the intersection of Fenton Street and Harold Place, consists of 9.6 acres and is also a building pad. (see Locator). Case No: GPA 07-05/PCM 07-04 Page 3 1. Existing General Plan, SPA Land Use Designations and land use General Plan CV Municipal PC District Land Existing Land Use Code Zonin2 Use Desi2nation Site: Area A Light Industrial PC, Planned BC-I with Design EastLake Design Community District Overlay District North Light Industrial PC, Planned BC-l with Design Vacant Community District Overlay South FentonlOtay Lakes N/A N/A N/A Road East Residential ( 3-6 PC, Planned RPl, Single Family du/ac) Community RP2,Residential detached SF Residential West Showroom Place N/A N/A N/A General Plan CV Municipal PC District Land Existing Land Use Code Zoning Use Designation Site: Area B Light Industrial PC, Planned BC-l; Design Vacant Community District Overlay North Residential (3-6 PC, Planned SF AlSF3 single Single Family du/ac) Community family detached Detached homes residential South Fenton Street N/A N/A N/A East Showroom Place N/A N/A N/A West Light Industrial PC, Planned BC-I, Light Industrial Community Condominiums Case No: GPA 07-05/PCM 07-04 Page 4 General Plan CV Municipal PC District Land Existing Land Use Code Zoning Use Designation Site: Area C Light Industrial PC, Planned BC-l Vacant Community North Fenton Street N/A N/A N/A South Otay Lakes Road N/A N/A N/A East Light Industrial PC, Planned BC-I Medical Offices Community West Light Industrial PC, Planned BC-l Hitachi Corporate Community Office 2. Project Description The proposed amendments are more specifically described below: General Plan Amendment Amend the General Plan land use diagram, text and statistics to change the land use designation of Area A from Limited Industrial to Commercial Retail (see Attachment 8, GP tab) EastLake II General Development Plan Amend the EastLake II General Development Plan land use diagram, text and statistics to change the land use designation of 16.7 acres at the northeast comer of Fenton Street and Showroom Place (Area A) from IR, Research and Limited Industrial to CR, Retail Commercial (see Attachment 8, GDP tab) EastLake Business Center II Supplemental Sectional Planning Area (SPA) Plan Amend the EastLake Business Center II Sectional Planning Area (SPA) Plan Site Utilization Plan, text and statistics to reflect the introduction of a new 16.7 acre commercial parcel (E-13), and the reduction in size/acreage of parcel E-12 from 75.4 to 58.74 gross acres and corresponding reduction in net acreage from 58.2 to 41.5 acres (see Attachment 8, SPA tab) EastLake II Planned Community District Regulations Amend the Eastlake II PC District Regulations as follows: a. Amend Section IlL 1 to add a new VC-5 land use district and parking provisions for Area A. b. Amend Section IV.1 to add a new BC-4 land use district for Areas Band C. c. Repeal Section IV.2 and 3, Design District Overlay. d. Amend Section IV.4(A) to increase building height from range of 35ft. to 60 f1. to maximum of76 f1. with approval of Design Review Committee for Areas Band C. e. Amend Section VIII.l to incorporate shared parking provisions for this project, and establish prerequisites and requirements. Case No: GPA 07-05/PCM 07-04 Page 5 f. Amend Section VII1.2.B to change parking ratios for furniture stores fTom 1 space per 600 s.f. to I space per I, I 00 s.f. g. Amend Land Use District Map to remove the Design District Overlay and introduce a new VC-5 land use district for Area A and change the underlying land use district for Areas Band C from BC-l to a new BC-4 land use district (See Attachment 8, PC District Regs. tab). 2. Design Guidelines a. Amend Section 11.4.5, Individual Lot Design Criteria to increase the permitted building height from 35 to 60 feet to maximum of76 feet with approval of the Design Review Committee for Areas Band C inclusive. b. Add separate section design criteria for buildings higher than 35 feet as well as additional building setbacks required fTom property lines. (see Attachment 8, Design Guidelines tab). 3. Public Facilities Finance Program (PFFP) Amend applicable sections of the PFFP to reflect the reduction in the industrial land inventory in the Eastlake Business Center from 100 to 83.3 acres and increase of commercial land use at 16.7 acres (see Attachment 9). 4. Air Quality Improvement Plan Amend the Air Quality Improvement Plan to reflect the new 16.7 acres of commercial land use and the reduction of industrial land from 100 to 83.3 acres. (see Attachment 8, AQIP tab) 5. Water Conservation Plan Amend the Water Conservation Plan to reflect the new 16.7 acres of commercial land use and the reduction of industrial land use designation by the same amount (see Attachment 8, WCP tab) 6. Master Use Permit (Area A and B) Repeal of existing Master Use Permit PCC-05-070, regarding the Design District on Areas A and B. (see Attachment 6) ANALYSIS: Land Use The existing land uses presently found in the Design District (Area A) consist primarily of furniture stores and wholesale/retail distribution and showroom businesses related to home improvement merchandise. These existing land uses are not typically representative of light industrial land uses such as warehousing and light manufacturing. However, a previous amendment to the EastLake Business Center II SPA (approved in 2005) allowed the introduction of specialty retail land uses under an overlay zone known as Design District Overlay zone (see Attachment 8, PC District Regs, section IV.2). To date, Area A was designed and operated in a semi-industrial manner, but has not been as successful as originally expected. The applicant believes, and staff concurs, that additional commercial activity such as restaurants, bars and specialty stores related home improvement could improve the commercial activity in the center, and therefore position it as a more successful component of the EastLake Master Plan Community. Case No: GPA 07-05/PCM 07-04 Page 6 The conversion of 16.7 acres from Industrial to Commercial represents 7.4 percent of industrial land within the Eastlake Planned Community. Further analysis shows that the 16.7 acres represents less than 1.3% of the industrial lands in eastern Chula Vista and less than 1 % of the overall industrial lands within the City. Therefore, the percentage of industrially designated land being lost is fairly small in comparison to the total amount of industrial land available in the City. The establishment of the Eastlake Design District Overlay Zone introduced land uses oriented more towards commercial retail, which is consistent with the current request to change the existing General Plan land use designation from Light Industrial to Commercial Retail. Staff is of the opinion that the proposed Commercial Retail land use designation would reflect more accurately the existing commercial pattern. The proposed amendment therefore, brings consistency between the General Plan and the Eastlake II Business Center GDP and SPA. EastLake II Planned Community District Regulations Amendments: The EastLake Planned Community (PC) District Regulations function as the zoning regulations for the EastLake Business Center. The PC District Regulations provide standards and regulations to guide the development of the project. These regulations are applied in conjunction with the Design Guidelines for the EastLake Business Center II Supplemental SPA. The PC District Regulations were previously amended in 2005. The Design District Overlay regulates and supercedes the land uses allowed by the underlying SPA land use district. The SPA amendment established Section IV.2 and IV-3, Design District Overlay Designation, to introduce specific land uses and developmental and operational parameters to change the Design District vision. The adopted overlay zone required the approval of a Master Conditional Use Permit (MUP as a pre-requisite to implement and activate the Design District Overlay zone. Once the MUP was adopted, the specific development and operational parameters took precedence over the underlying land use regulations prescribed in the PC District Regulations. The use of permitted uses in the Design District Overlay zone is primarily a clarification or expansion of certain permitted and conditional use permitted land uses contained in the BC-1 underlying land use designation. The request to rescind the previously approved MUP is due to the fact that if the amendments to the General Plan and EastLake II GDP and SPA are approved, the Commercial land use designation will cover most of the permitted and conditional use permitted land uses permitted under the MUP. Case No: GPA 07-05/PCM 07-04 Page 7 Land Use Area A The project proposes an amendment that would change the existing BC-l (with design district overlay) to a new land use district category ofYillage Center 5 (YC-5) District. Area A would be the only property within the Eastlake Business Center II with the YC-5 Land Use District designation. Although the current proposal is to allow the entire Area A to be converted to commercial retail, this is predicated upon the project meeting the parking standards for each individual type of land use proposed under the YC-5 District. The Parking section discusses parking for Area A in more detail. As indicated above, the requested change in land use from BC-l to YC-5 is not considered a significant change given the existing land uses already occurring within the Design District. The fact that certain retail uses are already allowed (furniture stores, home improvement retail in conjunction with showrooms) has demonstrated the appropriateness of other types of retail uses complementary to the District. While the proposed land use category is similar in nature to the YC-l, Village Commercial, there are certain uses which while allowed in the YC-l, will be prohibited in the proposed YC-5 district due to the unique characteristics of the site and surrounding area. Prohibited uses will include gasoline service stations, libraries, post office or convalescent homes and hospitals. To adopt this existing industrial complex to commercial and improve the mercantile posture of existing and future tenants, certain modifications to the development standards are necessary. Areas B and C While the Land Use District Overlay is being removed as part of the entitlement requests, the applicant is requesting to change the land use designation for Area B from BC-l to BC-4. Although a hotel and office are currently proposed for Area C, the applicant has requested the same BC-4 land use provisions apply for this area as well. In terms of land use the new district will be very similar in nature to BC-3. Unlike BC-l, the BC-3 land use designation allows certain additional land uses such as medical clinic land use with a Conditional Use Permit. Staff supports this as an appropriate designation in that it is located in an area that could be considered a transition between retail and more business park/industrial type uses. The site itself is physically separated topographically from the adjacent residential land uses to the north and east. Further analysis in terms of parking and traffic could take place as part of the CUP process. Parking The required parking ratio of one space per 300 square feet established under the MUP (to implement the Design District) will be removed. This blended ratio was specifically established due to the unique mix of land uses allowed within the District. Case No: GPA 07-05/PCM 07-04 Page 8 Area A The Eastlake Design District (Area A) is an eXIstmg development that is proposing an amendment to allowable uses within the existing buildings. A traffic and parking study was prepared by Linscott Law & Greenspan (March 16, 2007) ("LLG") for Area A. This study assumed an increased mix of commercial uses typical of what the proposed amendments would allow. The study concluded that there would be adequate parking. Further, additional uses cannot be approved absent evidence of adequate parking availability. The study included a 15% mixed-use reduction and credit based on patrons from the same vehicle patronizing more than one business per trip. Staff concurs with the recommendations presented in parking study, to adopt the Urban Land Institute parking standards for furniture stores. Based upon this study, the applicant is requesting a reduced parking standard for this land use of 1 space per 1, I 00 s.f. The site contains unique characteristics, including 1) vehicular access which is more conductive to a business center than a typical retail center 2) and the exiting Design District contains a number of large suites currently occupied by such furniture retailers as Bassett and Lane. The proposed PC District Regulations will require that new establishments will be required to demonstrate adequate parking to the satisfaction of the City (see section III. 1 footnote 1 of Attachment 8). Area B There is no specific proposal for Area B at this time. However, when development occurs, it will be required to provide parking on-site that is consistent with the Eastlake Business Center II Planned Community District Regulations. Area C Another parking study was prepared by the traffic engineering firm ofLLG (September 2007) to determine the adequacy of proposed parking on-site for Area C. In particular, the second parking study sought to address the parking needs for approximately 8,800 square feet of proposed conference room space proposed by the hotel land use. The City of Chula Vista does not have parking standards that specifically address hotels with conference room space. A survey of other municipal jurisdictions was also conducted in order to obtain clearer requirements for conference room place. For the purposes of determining the parking demand, the City assumed that dedicated conference space would require parking in addition to the City's standard requirement for hotels. The parking study determined that adding the requirement of 1 space per 100 sq. ft. of gross floor area of dedicated conference space in a hotel would adequately address the overall hotel parking requirement. The parking study took into account the fact that hotel, conference center and office uses create peak parking demand at different times of the day. It also noted that the proposed hotel is a business hotel, not a tourist hotel. The target market for the hotel is business travelers visiting local companies to conduct business or corporate executives visiting a satellite office in Chula Vista. Business travelers and local companies holding small conferences or meetings in a space larger than the typical office conference room will use the conference room space. The hotel peak demand occurs from 10:00pm to 6:00am while the office peak demand occurs at 8:00am to Case No: GPA 07-05/PCM 07-04 Page 9 5:00pm. The study demonstrates that, even assuming an additional 88 parking spaces (based upon I space per 100 s.f.) need to be provided for the conference rooms independent of the standard hotel parking requirements, there is adequate parking for the hotel (with conference rooms) and the office building to operate independently (see Attachment 5). The owner's of the Corporate Center hotel and office buildings will be entering into a private reciprocal parking agreement to share parking as needed between the properties in order to take advantage of their different peak demands and the minimum of 35 excess parking spaces that are available at any one time.. This agreement will ensure a seamless parking facility for all uses on evenings and weekends. In addition to the above, the parking requirements for the proposed VC-5 and BC-4 Districts (Areas A, B and C) will also be amended to provide a new standard for furniture stores and to allow for shared parking subject to a specific procedure, demonstrating adequate parking (see Attachment 7, PC District Regs. Tab, Section VIII). Building Height One of the main reasons for the creation of a new Land Use District (BC-4) as opposed to relying on the existing BC-3 district is to accommodate the requested building height increase from 35 feet to 76 feet. Visual Simulations were prepared for Areas Band C (see Attachment 3, Appendix A, and Attachment 4, Figure 5 and 6). Visual Simulation for Area A was not prepared because the buildings already exist and no future construction on the site is proposed. Area B Photo simulations of a conceptual project to illustrate the potential visual impact of future development containing buildings with a height of 76 feet were shown at a building setback of 210 feet from the north property line and 80 feet ttom the easterly property line. The photo simulations were taken ttom observation points within the Rolling Hills Ranch residential development that abuts Area B to the north and ttom Eastlake Woods West residential development, which abuts Area B to the east (see Attachment 3, Appendix A). The photo simulations illustrate that a combination of increased building setbacks, architectural design and well articulated building mass blended well with the existing industrial buildings. Visibility of the proposed building from the different points in the surrounding residential neighborhoods is limited to the top floors. The proposed combination of building height setback ratio along with additional design criteria for buildings over 35 feet in height will ensure that future proposed development does not produce any adverse visual impacts to surrounding neighborhoods. At the time when actual development is proposed, the applicant will be required to prepare additional visual analysis in conjunction with a request for approval of Design Review entitlements by the City of Chula Vista Design Review Committee (DRC ) Area C A Visual Analysis Report was prepared by Jones and Stokes (June 2007) to analyze the Corporate Center. (see Attachment 4, Figure 5 and 6) This report analyzed the impact of the proposed development from 10 Key Observation Points (KOP). Visual simulations of the project were created and analyzed to detennine the aesthetics of the height and mass of the buildings. Staff concurs with the report findings that, based upon the photo simulations provided, as well as staffs field visits, that development would be compatible with the surrounding neighborhoods. Case No: GPA 07-05/PCM 07-04 Page 10 The City of Chula Vista General Plan identifies Otay Lakes Road as a Scenic Roadway. Although the proposed building height exceeds that of surrounding development, visibility of the proposed hotel and office building from the surrounding area will be minimized by a combination of greater building setbacks and reduction in the amount of vertical building massing as viewed from the south. Design Guidelines The Design Guidelines are being amended primarily to add additional design criteria for structures over 35 feet in height. These guidelines complement the additional requirements added to the development standards of the PC District Regulations. The visual analysis discussed above indicates that additional height can be accommodated with increased setbacks, a reduction of vertical mass as the building height increase and increased architectural features described in these guidelines. Supplemental PFFP Amendment The existing Supplemental Public Facilities Financing Plan (PFFP) has been prepared by City consultants based upon the proposed change in land use of 16.7 acres from Light Industrial to Commercial. However, because this land use change is a component of entitlements for the larger 45 acre area, it is also included in the PFFP amendment specifically to include the proposed office and hotel on Area C. As required by the City's Growth Management Ordinance, the PFFP amendment analyzes the impact of the project on public facilities and services and identifies the required public facilities and services needed to serve the project to maintain consistency with the City's Quality of Life Threshold Standards. The PFFP describes in detail the cost, financing mechanisms and timing for constructing public facilities. The public facilities needed to serve the project will be guaranteed by placing conditions of approval on the tentative parcel map, payment of DIP fees at the building permit stage, and/or utilizing Community Facilities to finance or maintain the public facility. Transportation/Traffic: In September 2007, the traffic-consulting firm of Linscott, Law and Greenspan (LLG) prepared two separate traffic impact analysis reports--one for Areas A and B and a separate analysis for Area C. Subsequently, LLG prepared a comprehensive executive summary analyzing the results of both traffic reports. For Area A the traffic report analyzed a project proposing 125,100 square feet of furniture stores, 39,350 square feet of office floor space, 39,350 square feet of specialty retaiVStrip commercial and 27,800 square feet of restaurant space for a total of 231,566 square feet. For Area B the traffic report analyzed a high intensity land use consisting of 160,000 square feet of specialty retail/strip commercial simulating a daily worst-case scenario for the future potential development of this site. For Area C, the traffic report analyzed a 156-room hotel with 8,800 square feet of convention/meeting rooms and a 120,000 square foot office building. Areas A and B The existing land uses of Area A are calculated to generate a total of 1,110 ADT with 44 trips during the AM peak hour (31 inbound and 13 outbound) and 100 trips during the PM peak hour (50 inbound and 50 outbound). With the proposed land use change, Area A would generate a net Case No: GPA 07-05/PCM 07-04 Page 11 3,900 ADT with 139 trips during the AM peak hour (110 inbound and 29 outbound) and 355 trips during the PM peak hour (189 inbound and 166 outbound). Area B land uses were calculated to generate a total of 5,440 ADT with 163 trips during the AM peak hour (98 inbound and 65 outbound) and 448 trips during the PM peak hour (224 inbound and 224 outbound). The traffic study calculated the traffic for Areas A and B to be a net of 9,340 ADT with 302 trips during the AM peak hour (208 inbound and 94 outbound) and 803 trips during the PM peak hour (413 inbound and 390 outbound), with the pass by reduction. In addition the cumulative impact discussed below, a direct impact of the Project is anticipated at the intersection of Fenton Street and Showroom Place (which will operate at LOS F during the PM hours). To address this long term direct impact. A project condition has been included that the Applicant/Developer shall be required to enter into an agreement to design, construct, and secure a fully actuated traffic signal at the intersection of Showroom Place and Fenton Street prior to completing development of Area B at the intersection of Showroom Place and Fenton Street or as determined and approved by the City Engineer. With the traffic signal, this intersection is projected to operate at LOS B or better. Area C The traffic study projected that the proposed hotel and office building (Area C) will generate an estimated total Average Daily Traffic (ADT) of 3,950 driveway trips, with 429 trips occurring in the AM peak hour (358 inbound and 71 outbound) and 436 trips occurring in the PM peak hour (136 inbound and 300 outbound). Project (Areas A, B and C) Based on the traffic impact study results, in the near term with the project all intersections are calculated to operate at Level of Service (LOS) D or better except for the Otay Lakes Rd/V ons Driveway intersection, which is calculated to continue to operate at LOS F during the PM peak hour. The impact at this intersection is considered to be cumulative in nature. The Applicant/Developer will be required to pay their fair share to mitigate the Otay Lakes Road/V ons Driveway intersection deficiency in the ftom of Transportation Development Impact Fees. With the implementation of proposed mitigation this intersection is projected to operate at an acceptable LOS D. Drainage: Since the PFFP was previously amended in 1999, urban runoff from municipal storm water conveyance systems has been identified by local, regional, and national research programs as one of the principle causes of water quality problems in most urban areas. A National Pollutant Discharge Elimination System Permit now requires the development and implementation of storm water regulations addressing storm water pollution issues. New thresholds have been added to the PFFP to reflect these additional storm water discharge regulations. Case No: GPA 07-05/PCM 07-04 Page 12 Water Conservation Plan: The City's Growth Management Ordinance requires the preparation of a Water Conservation Plan for all projects. The original Water Conservation Plan was prepared in November of 1999 in conjunction with the original establishment of the original Business Center II. The current update to the Plan updates the applicable tables to include the reduction on Industrial acreage and the introduction of 16.7 acres of commercial acreage. In addition, the update includes the addition of a number of residential and non-residential waster conservation measures. A condition has been included to require that the development/redevelopment of Areas A, Band C implement the recommendations of the Water Conservation Plan as amended. Air Quality Improvement Plan (AQIP): An Air Quality Improvement Plan was prepared for the project in accordance with Federal and State requirements; and the City's General Plan Growth Management Element (GME) to meet federal and state air quality standards. To implement the GME, the City's Growth Management Program requires that that major commerciall'industrial projects prepare Air Quality Improvement Plans for all Sectional Planning Area (SPA) Plans. The AQIP includes an assessment of how the project has been designed to reduce emissions as well as identify appropriate mitigation measures. The original AQIP was adopted in November 1999 in conjunction with the establishment of the original Business Center II. The AQIP is being now being amended to reflect to proposed transfer of 16.7acres from Industrial to Commercial. The main changes to the AQIP is the addition of a section discussing the commitment to the Chula Vista Greenstar program. DECISION MAKER CONFLICTS: Staff has reviewed the property holdings of the Planning Commissioner and found that Commissioner Scott Vinson has property holdings within 500 feet of the boundaries of the property which is the subject ofthis action. FISCAL: An amendment to the Eastlake Business Center II Supplemental Public Facilities Financing Plan (PFFP) was prepared to ensure that the development of the project will not adversely impact the City's Quality of Life Standards. The net fiscal impact from the amendment is negative in 2007 ($91,800 Loss) and 2008 ($57,400 Loss) but becomes positive in 2009 ($306,500) and positive at buildout ($345,000). Case No: GPA 07-05/PCM 07-04 Page 13 Attachments 1. Planning Commission Resolutions 2. Draft City Council Resolutions & Ordinance 3. Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) 4. Figures 5. Parking Study for EastLake Corporate Center, table 4, dated 9-7-07 6. Master Use Permit PCC-05-070 7. Ownership Disclosure Form 8. Eastlake Business Center II SPA-Binder 9. Public Facilities Financing Plan amendment J\p lanning\casefiles\06-07\PCM\PCM07 -04 \StaffReports\PC /", ~>. / ......~ ",< "./">., /,/ .- ./ \ "./ ~,r' 1, ',<;~;)"~._ ,/'!d ::f w ~ U) () I!I .' ,/' /" .,! >~...... //' ...,...... 1/ 2,:-.'--.,. / 2/ ."m!;"'" ............ ... ~/+-"i 'J /" 'Cd I ;""r-"rn ;(Q,~ /,~<" 2,7"~) ....-.i.....,....../ r~. , 9 i ,o>,..,j ; ('~ "-I.e./ /":' , ~'f'>...."~-'.' \ L' ' "/1i)-:-t J,\ /.r-~' ~\ \ >> x._~ t , '(I)" //Q),.-.. \, - ( \ \, <)ro~X;\ , - . ' ".;Q; /'\ v/,E'''x /;( / \\(.....;.... '",,"U "><./,, ,'-(X, "'or ^- , "OAL.."......' }. "~/~Q) ,-' ?, a" /> ~.E _ )5f,~:d\Q>. '< ./ >) ..p .n. ' ')... <;~ /.::, 0/ -:.\ '^- /\~Q)~;q)\ ./ U\;.-~"oL.. \(/)' x- ,/',~- I r' ,,J. \....-. as ..;;;;,#,. ......LU 'lID \ (tf J-.-,C/,M \0\ J CUI ",/0\ 4 ~ ,-,--~.L~"E' 6Y -~ aI "_-C '~ - 5}a' (J;fjj7.:.::.c:C.,_ _0 () /'--., . "'~ cu",.-~-:::r--- \..--/ r;:J . Q)"'"fI''lJ _....n1 8 aw:r; "1',' L.:. " ~ '-';<(' ' ,'_~=~~_ ~<; l~0.:,&~ () I%: :f III ~ (/) () '" -0::" .-........... ~EJ;----' 1-::1:' <t: ' ' _0 \ Oil:... '0, / z ...J LOCATOR ~7 / V') ..... o N ~ ~ ~ Iii 0> 2 Cii -01 <= (I) E ~ 0.: ~I In rD1 ..:<: OJ 'jji at !Y (I) iC Iii :9 (j ATTACHMENT 1 PLANNING COMMISSION RESOLUTIONS RESOLUTION NO. GPA-07-05/PCM-07-04 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT THE MITIGATED NEGATNE DECLARATION IS-07-015 AND MITIGATION MONITORING AND REPORTING PROGRAM; APPROVE AMENDMENTS TO THE CITY'S GENERAL PLAN, EASTLAKE II GENERAL DEVELOPMENT PLAN, EASTLAKE BUSINESS CENTER II SUPPLEMENTAL SECTIONAL PLANNING AREA (SPA) PLAN, EASTLAKE PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICTS MAP, PUBLIC FACILITIES FINANCING PLAN AND ASSOCIATED REGULATORY DOCUMENTS FOR 44 ACRES LOCATED WITHIN THE EAST AKE BUSINESS CENTER. WHEREAS, on September 11, 2006, a duly verified application was filed with the City of Chula Vista Planning and Building Department by IRE Development ("Developer"), requesting approval of amendments to the City's General Plan, EastLake II General Development plan, EastLake Business Center II Supplemental Sectional Planning Area (SPA) Plan and EastLake II Planned Community District Regulations and associated regulatory documents including Design Guidelines, Public Facilities Financing Plan, Air Quality Improvement plan and Water Conservation plan for 44 acres located north of Otay Lakes Road at the north, east and southwest sides of the intersection of Showroom Place and Fenton Street. ("Project); and, WHEREAS, The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Quality Act (CEQA) and has conducted an Initial Study, IS-07-015 in accordance with the California Environmental Quality Act. Based upon the results ofthe Initial Study, the Environmental Review Coordinator has determined that the project could result in significant effects on the environment. However, revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-07-015. WHEREAS, the Planning Commission finds that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-07 -015) has been prepared in accordance with the requirements ofthe California Environmental Quality Act (CEQA), and the Environmental Review Procedures of the City ofChula Vista; and, WHEREAS, the Planning Commission finds that the Project environmental impacts will be mitigated by adoption ofthe Mitigation Measures described in the Mitigated Negative Declaration, and contained in the Mitigation Monitoring and Reporting Program, and that the Mitigation Monitoring and Reporting Program is designed to ensure that during Project implementation, the Developer, permittee/Project applicant, and any other responsible parties implement the project components and comply with the mitigation Monitoring Program; 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 it mailing to property owners and within 500 feet of the exterior boundaries of the property, at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., November 28,2007, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed. Now therefore, the Chula Vista Planning Commission makes the following findings: I. GENERAL DEVELOPMENT PLAN FINDINGS THE PROPOSED AMENDMENTS TO THE GENERAL DEVELOPMENT PLAN CONFORM WITH THE PROVISIONS OF THE CHULA VISTA GENERAL PLAN, AS AMENDED. The proposed amendments to the EastLake II General Development Plan reflect the land uses that are consistent with the City's General Plan as proposed to be amended and conform to the provisions contained therein. II. SPA FINDINGS THE SECTIONAL PLANNING AREA (SPA) PLAN,AS AMENDED, IS IN CONFORMITY WITH THE EASTLAKE II GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLAN. The proposed amendments to the EastLake Business Center II SP A Plan reflect the land uses that are consistent with the EastLake II General Development Plan and the City ofChula Vista General Plan as proposed to be amended. THE SECTIONAL PLANNING AREA (SPA) PLAN, AS AMENDED, WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS. The requested amendments to the Eastlake Business Center II SPA plan includes a Supplemental Public Facilities Finance Plan that outlines the required inrrastructure to serve the Project, the timing of installation and the financing mechanisms to promote the orderly sequentialized development of the Project. THE EASTLAKE SECTIONAL PLANNING AREA (SPA) PLANS, AS AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The proposed modifications to land use and development standard provisions within the Proj ect Site have been fully analyzed and will not adversely affect the circulation system and overall land use as previously envisioned in the EastLake II General Development Plan. A Mitigated Negative Declaration (IS-07-015) and accompanying Mitigation Monitoring Program was prepared for the Project. Mitigation measures have been included related to aesthetics/visual quality, air quality, paleontological, hydrology and water quality, noise, and traffic. Thus, the requested amendments to the SPA will not adversely affect the adjacent land uses, residential enjoyment, circulation or environmental quality ofthe surrounding uses. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION, AND OVERALL DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A RESEARCH OR INDUSTRIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND, THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE. The orientation and configuration of the 16.7 acres is substantially more suitable for commercial retail rather than light industrial land use and more compatible with the EastLake Design District which currently occupies the site. Thus, changing the previously adopted land use designation from Light Industrial to Commercial Retail is appropriate, and will not affect the surrounding areas. This added acreage will contribute substantially to achieve the city's economic development goals and objectives. THE STREETS AND THOROUGHFARES ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. The potential impacts to traffic and circulation have been thoroughly analyzed based upon the proposed project resulting in specific requirements that must be complied with at the time of development within the project area. This includes payment of in-lieu fees to pay fair share of cumulative impacts to the off-site intersection located at the intersection ofthe V ons Driveway and Otay Lakes Road and the construction of a traffic signal at the intersection of Fenton Street and Showroom Place. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED ECONOMICALLY AT THE LOCATION (S) PROPOSED AND WILL PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH PROPOSED LOCATION (S). The proposed amendments increase the acreage designated Commercial Retail to allow for additional complementary retail establishments to be located within the existing Eastlake Design District in an effort to increase the economic viability of the District and to provide additional services, including restaurants and other similar uses, which complement the existing home improvement district. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The proposed amendments are consistent with the previously approved plans and regulations applicable to surrounding sites and therefore the proposed amendments can be planned and zoned in coordination and substantial compatibility with said development. III. PFFP FINDINGS THE AMENDMENT TO THE EXISITNG PFFP COMPLIES WITH SECTIONS 19.09.050 THROUGH 19.09.100, REQUIREMENTS FOR PUBLIC FACILITIES FINANCE PLAN. The amendment to the Eastlake Business Center II Supplemental PFFP has been prepared according to the contents and details outlined in the Municipal Code. It has been submitted to and reviewed by the Director of Planning and Building who has determined that the proposed amendments to the PFFP comply with the provisions of Section 19.09.080 and is forwarding the document with corresponding development plan to the Planning Commission for consideration and public input. Public facilities needed to serve the project were identified and will be guaranteed by conditions of approval, implementation of required mitigation measures identified in Mitigated Negative Declaration IS-07-015, payment ofDIF fees at the building permit stage, and/or utilizing Community Facilities to finance or maintain the public facility. THE PROPOSED PFFP AMENDMENT IS CONSISTENT WITH THE OVERALL GOALS AND POLICIES OF THE CITY'S GENERAL PLAN, GROWTH MANAGEMENT PROGRAM, THE AMENDED EASTLAKE II GENERAL DEVELOPMENT PLAN AND THE AMENDED EASTLAKE BUSINESS CENTER II SPA PLAN. The Eastlake II General Development Plan and Eastlake Business Center II SPA outline the necessary public facilities required to meet its land use and circulation objectives of the General Plan. The amendment to the existing PFFP outlines detailed plans for the provision of those public facilities as they relate to the proposed Project. The amended PFFP identifies required Development Impact Fees (DIF) fees which must be paid to help defray costs of facilities which will benefit the project. The estimated fees required by this project are $2,627,009 for Transportation Facilities and $2,850,622 for other applicable Facilities. While net fiscal impact ofthe Project on public facilities is negative in 2007 ($91,800 Loss) and 2008 ($57 ,400 Loss) the fiscal impact becomes positive in 2009 ($306,500) and positive at build out ($345,000). THE AMENDMENT TO THE EXISTING PFFP ENSURES THAT THE DEVELOPMENT OF THE PROJECT WILL NOT ADVERSELY AFFECT THE CITY'S QUALITY OF LIFE STANDARDS. As required by the City's Growth Management Ordinance, the PFFP amendment analyzes the impact of the project on public facilities and services and identifies the required public facilities and services needed to serve the project to maintain consistency with the 'City's Quality of Life Threshold Standards. The PFFP describes in detail the cost, financing mechanisms and timing for constructing public facilities required to ensure that development occurs only when the necessary public facilities exist or are provided concurrent with the demands of the new development. Certain facility improvements have been identified as project impacts based upon Mitigated Negative Declaration (IS-07-015) and accompanying Mitigation Monitoring Program. These include the requirements for the construction of a signal at the intersection of Fenton and Showroom Place prior to development of Area B. Other required mitigation measures are related to aesthetics/visual quality, air quality, paleontological, hydrology and water quality, noise, and traffic. Implementation of these mitigation measures along with payment of required DIF fees will ensure the Project will maintain consistency with the City's Quality of Life Standards. NOW, THEREFORE, BE IT RESOLVED BY TH E PLANNING COMMISSION OF THE CITY OF CHULA VISTA recommends that the City Council adopt the attached Draft City Council Resolution and Ordinance approving the Project in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA THAT a copy of this Resolution and the draft City Council Resolution and Ordinance be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 28th day of November, 2007, by the following vote, to-wit: AYES: NOES: ABSENT: William Trip, Chairperson ATTEST: Diana Vargas, Secretary RESOLUTION NO. PCC-05-070M RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION REPEALING PREVIOUL Y APPROVED MASTER CONDITIONAL USE PERMIT PCC 05-070 TO ESTABLISH AN OPERATE A DESIGN CENTER AT 851-891 SHOWROOM PLACE - IRE DEVELOPMENT WHEREAS, the area ofland which is subject matter ofthis Resolution is diagrammatically represented in Exhibit "A" and for the purpose of general description herein consists of approximately 35 acres at the northeast and northwest and southwest comers of Fenton Street and Showroom Place within the EastLake Planned Community ("Project Site"); and, WHEREAS, on June 15,2005, a duly verified application for a Master Use Permit (PCC-05- 070) ("Project") was filed with the City of Chula Vista Planning Division by EastLake Design District, LLC ("Applicant") to establish and operate a Design Center; and, WHEREAS, on August 24, 2005 the Planning Commission of the City of Chula Vista approved the Master Use Permit subject to conditions and is presently active and in full force; and WHEREAS, the Applicant is requesting approval of a Eastlake Business Center II SPA amendment to change the land use designation of the westerly 16.7 acres of the Project Site ftom Light Industrial to Commercial Retail; and WHEREAS, the proposed amendments to the Eastlake Business Center II SPA include specific amendments to the Planned Community District Regulations creating a new commercial district VC-5, Village Center Commercial to replace the Master Use Permit; WHEREAS; upon approval of the above mentioned SPA amendments, the Master Use Permit would be obsolete; and WHEREAS, the Applicant is requesting to rescind the Master Use Permit contingent upon approval of the amendments to the Planned Community District Regulations and the Ordinance approving the amendments become effective. WHEREAS, The Environmental Review Coordinator has reviewed the proposed Project in conjunction with the requested SPA Amendments for compliance with the California Quality Act (CEQA) and has conducted an Initial Study, IS-07-009 in accordance with the California Environmental Quality Act. Based upon the results ofthe Initial Study, the Environmental Review Coordinator has determined that the project could result in significant effects on the environment. However, revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-07-015. WHEREAS, the Planning Commission finds that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (1S-07 -009) has been prepared in accordance with the requirements ofthe California Environmental Quality Act (CEQA), and the Environmental Review Procedures of the City ofChula Vista; and, WHEREAS, the Planning 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 it mailing to property owners and within 500 feet ofthe exterior boundaries of the property, at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., November 28,2007, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA that it rescinds Conditional Use Permit PCC-05-070, contingent upon the approval by the Chula Vista City Council ofthe proposed amendments to the Eastlake II Planned Community District Regulations and Land Use District Map. 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 28th day of November, 2007, by the following vote, to-wit: AYES: NOES: ABSENT: ATTEST: William Trip, Chairperson Diana Vargas, Secretary ATTACHMENT 2 DRAFT CITY COUNCIL RESOLUTION AND ORDINANCE RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE MITIGATED NEGATNE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM IS-07-015; APPROVING AMENDMENTS TO THE CITY'S GENERAL PLAN, THE EASTLAKE II GENERAL DEVELOPMENT PLAN, THE EASTLAKE BUSINESS CENTER II SUPPLEMENTAL SECTIONAL PLANNING AREA (SPA) PLAN, PUBLIC FACILITIES FINANCING PLAN AND ASSOCIATED REGULATORY DOCUMENTS FOR 44 ACRES AT THE NORTHEAST, NORTHWEST AND SOUTHWEST CORNERS OF FENTON STREET AND SHOWROOM PLACE WITHIN THE EASTLAKE BUSINESS CENTER. I RECITALS A Project Site WHEREAS, the areas ofland which are the subject of this Resolution are diagrammatically represented in Exhibit A attached to and incorporated into this Resolution, and commonly known as EastLake Business Center II , and for the purpose of generai description herein consists of 44 acres subdivided into 3 separate properties: 1) Area A consists of 16.7 acres located at the eastern portion of the Business Center, at the northeast comer of Fenton Street and Showroom Place and contains the existing (Phase I) 234,000 EastLake Design District; 2) Area B consists of 17.7 acres located at the northwest comer of Fen ton Street and Showroom Place. Area B is currently vacant;. 3) Area C, located south of Fenton Street, consists of9.6 acres and is currently vacant ("Project Site"); and, B. Project; Application for Discretionary Approvals WHEREAS, a duly verified application was filed with the City of Chula Vista Planning and Building Department on September II, 2006 by IRE Development ("Applicant"), requesting amendments to the City's General Plan, the EastLake II General Development Plan, the Eastlake Business Center II Supplemental SPA Plan, the Planned Community District Regulations and associated regulatory documents, including design guidelines, Public Facilities Finance Plan, Air Quality Improvement Plan and Water Conservation Plan for the Project Site ("Project); and, C Prior Discretionary Approvals WHEREAS, development of the Project Site has been the subject matter of various entitlements and agreements, including 1) amended Eastlake II General Development Plan (GDP) approved by City Council Resolution No. 2005-288 on August 23, 2005; Business Center II Supplemental SPA approved by City Council Resolution No. 19666 on November 16, 1999; and 3) amended Eastlake II Planned Community District Regulations approved by City Council Ordinance No. 3018 on September 13, 2005. and, D. Environmental Determination WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Quality Act (CEQA) and has conducted an Initial Study, IS-07-015 in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that the project could result in significant effects on the environment. However, revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-07 -015. E. Planning Commission Record of Application WHEREAS, the Planning Commission set the time and place for a hearing on the Project, and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 ft. ofthe exterior boundary ofthe Project Site at least ten (10) days prior to the hearing; and WHEREAS, the Planning Commission held an advertised public hearing on the Project on November 28, 2007 and voted to forward a recommendation to the City Council on the Project; and, WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project held on November 28, 2007 and the minutes and resolution resulting therefrom, are incorporated into the record ofthis proceedings; and, F. City Council Record of Application WHEREAS, the City Clerk set the time and place for the hearing on the Project application 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 ofthe Project Site at least ten (10) days prior to the hearing. WHEREAS, the duly called and noticed pubic hearing on the Project was held before the City Council of the City of Chula Vista on _ 2007 in the Council Chambers in the City Hall, Chula Vista Civic Center, 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. 2 NOW THEREFORE BE IT RESOLVED by the City Council of the City ofChula Vita that it finds, determines, and resolves as follows: II. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council finds that, in the exercise of their independent review and judgment, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-07- 015), in the form presented, has been prepared in accordance with requirements of the California Environmental Quality Act and the Environmental Review Procedures of the City of Chula Vista and adopts Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-07-015). IV. APPROVAL OF GENERAL PLAN AMENDMENT The City Council approves the amendments to the Chula Vista General Plan Land Use Diagram text and statistics is as set forth and diagrammatically represented in Exhibit "B," a copy of which is on file in the office of the City Clerk, known as Document , to change the land use designation of 16.7 acres at the northeast comer of Fenton Street and Showroom Place from Light Industrial to Commercial Retail. The change of 16.7 acres from Light Industrial to Commercial Retail is shown in updated Table 5-6 of the Land Use Element and Transportation Element of the General Plan, as shown in Exhibit B-1. V. GENERAL PLAN INTERNAL CONSISTENCY The City Council finds and determines that the General Plan is internally consistent and shall remain internally consistent following the amendments in this Resolution. VI. GENERAL DEVELOPMENT PLAN FINDINGS THE PROPOSED AMENDMENTS TO THE GENERAL DEVELOPMENT PLAN CONFORM WITH THE PROVISIONS OF THE CHULA VISTA GENERAL PLAN, AS AMENDED. The proposed amendments to the EastLake II General Development Plan reflect the land uses that are consistent with the City's General Plan as proposed to be amended. VII. APPROVAL OF GENERAL DEVELOPMENT PLAN AMENDMENT In light of the findings above, the City Council approves the amendment to EastLake II General Development Plan in the form presented to the City Council and on file in the office of the City Clerk. 3 VIII. SPA FINDINGS/ APPROVAL A. THE SECTIONAL PLANNING AREA (SPA) PLAN, AS AMENDED, IS IN CONFORMITY WITH THE EASTLAKE II GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLAN. The proposed amendments to the EastLake Business Center II SPA Plan reflect the land uses that are consistent with the EastLake II General Development Plan and the City of Chula Vista General Plan as proposed to be amended. B. THE SECTIONAL PLANNING AREA(SPA) PLAN, AS AMENDED, WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS. The requested amendments to the Eastlake Business Center II SPA plan includes a Supplemental Public Facilities Finance Plan that outlines the required infrastructure to serve the Project, the timing of installation and the financing mechanisms to promote the orderly sequentialized development ofthe Project. C. THE EASTLAKE SECTIONAL PLANNING AREA (SPA) PLANS, AS AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The proposed land use text and statistical amendments to the SP A, and development standards will not adversely affect the circulation system and overall land use pattern as previously envisioned in the EastLake II General Development Plan. A Mitigated Negative Declaration (IS-07-015) and accompanying Mitigation Monitoring Program was prepared for the Project. Mitigation measures have been included related to aesthetics/visual quality, air quality, paleontological, hydrology and water quality, noise, and traffic. Thus, the requested amendments to the SPA will not adversely affect the adjacent land uses, residential enjoyment, circulation or environmental quality ofthe surrounding uses. D. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION, AND OVERALL DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A RESEARCH OR INDUSTRIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND, THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE. 4 The orientation and configuration of the 16.7 acres is substantially more suitable for commercial retail rather than light industrial land use and more compatible with the EastLake Design District which currently occupies the site. Thus, changing the previously adopted land use designation from Light Industrial to Commercial Retail is appropriate, and would be compatible with surrounding land uses. This added acreage will contribute substantially to achieve the city's economic development goals and objectives. E. THE STREETS AND THOROUGHFARES ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. The potential impacts to traffic and circulation have been thoroughly analyzed based upon the proposed project resulting in specific requirements that must be complied with at the time of development within the project area. This includes payment of in-lieu fees to pay fair share of cumulative impacts to the off-site intersection located at the intersection of the V ons Driveway and Otay Lakes Road and the construction of a traffic signal at the intersection of Fenton Street and Showroom Place. G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED ECONOMICALLY AT THE LOCATION (S) PROPOSED AND WILL PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH PROPOSED LOCATION (S). The proposed amendments increase the acreage designated Commercial Retail to allow for additional complementary retail establishments to be located within the existing Eastlake Design District in an effort to increase the economic viability of the District and to provide additional services, including restaurants and other similar uses, which complement the existing home improvement district. H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The proposed amendments are consistent with the previously approved plans and regulations applicable to surrounding sites and therefore the proposed amendments can be planned and zoned in coordination and substantial compatibility with said development. IX. APPROVAL OF SPA AMENDMENTS In light of the findings above, the City Council approveS the EastLake Business Center II SPA amendments as presented in Exhibit C subject to the conditions set forth below:n 5 1. Implement all environmental impact mitigation measures identified in Mitigated Negative Declaration IS 07-015 and Mitigation Monitoring Program for this project. 2. Install all public facilities in accordance with the Eastlake Business Center Supplemental Public Facilities Plan 2007 Amendment or as required to meet the Growth Management Threshold standards adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. 3. Implement the Federal and State mandated conservation measures outlined in the Water Conservation Plan for Eastlake Business Center II Supplemental SPA Plan and 2007 Addendum. 4. Prior to approval of building permits for each phase of the Project, the Applicant shall demonstrate that air quality control measures outlined in the EastLake Business Center II Supplemental Air Quality Improvement Plan and 2007 Addendum pertaining to the design, construction and operational phases of the project have been incorporated in the project design. 5. Prior to the 30th day after the Ordinance becomes effective, the Applicant shall submit to the Planning and Building Department 20 copies and a CD of amended EastLake II GDP, EastLake Business Center II SPA, EastLake II Planned Community (PC District Regulations), Design Guidelines, Air Quality Improvement Plan, Water Conservation Plan and Eastlake Business Center Supplemental Public Facilities Financing Plan 2007 Amendment. Specific document format, table of contents, and titles shall be as determined by City Staff. 6. Prior to the 30th day after the Ordinance becomes effective, the Applicant shall clean-up the SP A document by deleting all strike out underlines and shading. Where the document contains both an existing and proposed exhibit, the previous existing exhibit should be removed and substituted. In addition, the following text, document format, map and statistical changes shall be incorporated into the document: SP A Pl:m 1. Following Page 1-10, Add sections 11.2.1.6.2 through II.2.1.6.5 back into the document 2. Change pagination on Pages 1-10 through 1-12. pr District ReEJll::Jtions 3. On Page I-II Change BC-4 designation from Core Professional District to Core District 4. On Page IV-I Incorporate BC-4 into the definition of Business Center Core District. 6 5. Page IV-7 Regarding new footnote 5(A)-add the following language: "as measured from the Property Line (except along Otay Lakes Road measured from top of slope, irregardless of where property line is located") 6. Page VIII-2 Re-order footnotes. Make new footnote for furniture store parking as footnote 2. DesiVl Guidelines 7. Following Page IV-18, the next page should be numbered V-I with consistent page numbering to follow. Remove duplicated pages. x. PFFP FINDINGS/APPROV AL A. THE AMENDMENT TO THE EXISITNG PFFP COMPLIES WITH SECTIONS 19.09.050 THROUGH 19.09.100, REQUIREMENTS FOR PUBLIC FACILITIES FINANCE PLAN. The amendment to the Eastlake Business Center II Supplemental PFFP has been prepared according to the contents and details outlined in the Municipal Code. It has been submitted to and reviewed by the Director of Planning and Building. The Planning Commission has reviewed the proposed amendments and recommends adoption by the City Council. Public facilities needed to serve the project were identified and will be guaranteed by conditions of approval, implementation of required mitigation measures identified in Mitigated Negative Declaration IS-07- 015, payment ofDIF fees at the building permit stage, and/or utilizing Community Facilities to finance or maintain the public facility. B. THE PROPOSED PFFP AMENDMENT IS CONSISTENT WITH THE OVERALL GOALS AND POLICIES OF THE CITY'S GENERAL PLAN, GROWTH MANAGEMENT PROGRAM, THE AMENDED EASTLAKE II GENERAL DEVELOPMENT PLAN AND THE AMENDED EASTLAKE BUSINESS CENTER II SPA PLAN. The Eastlake II General Development Plan and Eastlake Business Center II SPA outline the necessary public facilities required to meet its land use and circulation objectives of the General Plan. The amendment to the existing PFFP outlines detailed plans for the provision of these public facilities as they relate to the proposed Project. The amended PFFP identifies required Development Impact Fees (DIF) fees which must be paid to help defray costs of facilities which will benefit the project. The estimated fees required by this project are $2,627,009 for Transportation Facilities and $2,850,622 for other applicable Facilities. 7 While net fiscal impact of the Project on public facilities is negative in 2007 ($91,800 Loss) and 2008 ($57,400 Loss), the fiscal impact becomes positive in 2009 ($306,500) and positive at build out ($345,000). c. THE AMENDMENT TO THE EXSITING PFFP ENSURES THAT THE DEVELOPMENT OF THE PROJECT WILL NOT ADVERSELY AFFECT THE CITY'S QUALITY OF LIFE STANDARDS. As required by the City's Growth Management Ordinance, the PFFP amendment analyzes the impact of the project on public facilities and services and identifies the required public facilities and services needed to serve the project to maintain consistency with the City's Quality of Life Threshold Standards. The PFFP describes in detail the cost, financing mechanisms and timing for constructing public facilities required to ensure that development occurs only when the necessary public facilities exist or are provided concurrent with the demands of the new development. Certain facility improvements have been identified as project impacts based upon Mitigated Negative Declaration (IS-07-015) and accompanying Mitigation Monitoring Program. These include the requirements for the construction of a signal at the intersection of Fenton and Showroom Place prior to development of Area B. Other required mitigation measures are related to aesthetics/visual quality, air quality, paleontological, hydrology and water quality, noise, and traffic. Implementation of these mitigation measures along with payment of required DIP fees will ensure the Project will maintain consistency with the City's Quality of Life Standards. In light of the findings above, the City Council approves the Eastlake Business Center II Supplemental Public Facilities Financing Amendment as presented in Exhibit D. XI. APROV AL OF AMENDMENTS TO ASSOCIATED REGULATORY DOCUMENTS. The City Council approves the amendments to the associated regulatory documents including: the Design Guidelines for Eastlake Business Center II Supplemental SPA as shown in Exhibit C. XII. APPROVAL OF ADDENDUMS TO ASSOCIATED REGULATORY DOCUMENTS The City Council approves 2007 addendums to the Air Quality Improvement Plan and Water Conservation Plan for Eastlake Business Center II Supplemental SPA Plan as shown in Exhibit C. 8 XIII. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the forgoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, and any of such conditions fail to be so implemented and maintained according to the their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of future building permits, deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted, instituted and prosecute litigate or compel their compliance or seek damages for their violations. No vested rights are gained by Applicant or successor in interest by the City approval ofthis Resolution. XIV. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon enforceability of each and every term provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by the Court of competent jurisdiction to be invalid, illegal or unenforceable, if the city so determines in its sole discretion, this resolution shall be deemed to be revoked and no further in force or in effect. Presented By: Approved as to form by: Jim Sandoval Director of Planning Ann Moore City Attorney J:\Planning\case fiiJe\06-07\PCM 07-04\City Counc1 Resolutions 9 / / !..... ~" ~} y c: ,~ .-GJ .~~ I U'lfl / ',' '~ ,:,q),t: / '..dJ'Q) "', ~",CZ . ~., "t::' " -ti)'i::t ~ ill1J? 0 " ::S-': C: -< ~';':fP aJ,/ "...E ' :~?'~; < "'~" 'tri<::ib:' ~ J3 ~~', 'r:.~i-', .,1,;,: . ?,> ~~:~4 ,/ /:" 'u) , ,/~, /(~}',; ';":< .~.":'.. // / ,,~ / ' [ (i:!~'~,~ - j. ,) /8.:::,: ~ ~~?I;, - "'CJ/ \ ~~:~\(:: . \ ...... m ~ ft q ct ~ .,; ;~"~-li:',,' ' i ..,. ~ i (I), U <D 11)' "'" as ;:0 UJ as !:Y 11) ~/! '~8'- -. ~ ~ " "I- .U.J ~ go' Z EXHIBIT A _ _ca ..... 1'- C == (,) ca -...- -I E - (1) 0:: (1) 0 "C .~ E (J tn...(1)....E- clt-....tno= ca Q) .E- ~ (J ca .c t/) "C .... (J ::>> .- c 0 Q) -1_....0:: ~ ,0 ..J -- :E .!!! E ..,::1 -I C'- IV cu "C 101. "C cu 'in ~ ~ ...... _-:..., "'0 0:: ~ ~ - CU ~ ""- J;J () ~ Q 1 d\ ~ ~ ~ t> ~ o . ..J '\ -- ':E ,!!! E ..,::1 -I C.- IV cu "C 101. "C cu 'in ~ cu ~ ...... EXHIBIT B LAND USE AND TRANSPORTATION ELEMENT CHAPTER 5 TABLE 5-6 GENERAL PLAN LAND USE DISTRIBUTION IN 2030 BY PLANNING AREA (ACRES) Total East General Plan Land Use General Bay- North- S outh- East U ni ncorp. U ni ncorp. Designation Plan front west west Chula Sweet- Otay Area Vista water Ranch Subareas Subarea Subarea RESIDENTIAL Low 6,972 64 1,555 2,453' 2,900 Low Medium 8,200 1,354 1,401 4,927 307 211 Medium 1,201 187 288 622 32 72 Medium High 734 143 113 381 97 High 417 17 124 253 23 Urban Core 84 84 COMMERCIAL FJr1aj'1 ~~z:tg~ 121 115 202 ~Jitr~t~ 32 ~ ~~,~- Visitor 75 44 11 2 18 Professional & Admin. 160 21 61 7 59 12 MIXED USE Mixed Use Residential 727 174 98 405 50 Mixed Use Commercial 110 37 58 15 Mixed Use Transit Focus A rea 122 83 39 INDUSTRI AL "'~'^""'~Qg~siI !:Z-2Q:lm~ 86 116 384 j)J'20~1fnF ~;.~ltnL,. i,~ Q~Ji;I i:-,;Lj:...,..,'','"' '$:~;;'i.~ir& Regional Technology Park · 200 200 General Industrial 218 218 PUBLIC, QUAS PUBLIC AND OPEN SP A<E Public/Quasi-Public 3,021 27 225 321 2,028 381 39 Parks and Recreation 931 60 73 106 573 88 31 Open Space 6,303 23 215 617 3,886 1,099 463 Open Space Preserve 17,910 362 18 97 5,200 2,008 10,225 Open Space- 367 44 323 Active Recreation Water 2,672 1,498 9 1,165 SPECIAL FLANNING AREA Eastern Urban Center 240 240 Resort 275 45 230 Town Center · 169 169 OTHER~ 4,553 98 866 829 2,291 408 61 TOTAL ACRES 58,422 2,620 3,994 4,815 24,620 6,829 15,544 1- The unincorporated portion of the Northwest Planning A rea (87 acres of Residential Low) is included in the Unincorporated Sweetwater Subarea column only. 2 - Streets, freeways, utility right-of-ways .Please see Page LUT-285 for Final Action Deferral Areas information EXHIBIT B-1 Page LUT-59 ~!~ - - ~ ~::'O>- CJJY Of QiUIA VISTA EXHIBIT C (SEE ATTACHMENT 8) EXHIBIT D (SEE ATTACHMENT 9) . ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE EASTLAKE II PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICT MAP. 1. RECITALS A. Project Site WHEREAS, the areas of land which are the subject of this Ordinance are diagrammatically represented in Exhibit A attached to and incorporated into this Ordinance, and commonly known as EastLake Business Center II, and for the purpose of general description herein consist of 44 acres divided into 3 separate properties: I) Area A consists of 16.7 acres located at the eastern portion of the Business Center, at the northeast comer of Fenton Street and Showroom Place and contains the existing (phase 1) 234,000 EastLake Design District; 2) Area B consists of 17.7 acres located at the northwest comer of Fenton Street and Showroom Place. Area B is currently vacant; 3) Area C, located south of Fen ton Street, consists of9.6 acres and is currently vacant ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, on September 11, 2006, IRE Development ("Applicant") filed an application requesting approval of amendments to the EastLake II Planned Community District Regulation and Land Use District Map; and, C. Prior Discretionary Approvals WHEREAS, development of the Project Site has been the subject matter of various entitlements and agreements, including I) amended Eastlake II General Development Plan (GDP) approved by City Council Resolution No. 2005-288 on August 23, 2005; Business Center II Supplemental SPA approved by City Council Resolution No. 19666 on November 16, 1999; and 3) amended Eastlake II Planned Community District Regulations approved by City Council Ordinance No. 3018 on September 13,2005. and, D. Planning Commission Record on Applications WHEREAS, the Planning Commission set the time and place for a hearing on the Project, and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 ft. of the exterior boundary of the Project, at least ten (10) days prior to the hearing; and WHEREAS, the Planning Commission held an advertised public hearing on the Project on November 28, 2007 and voted to forward a recommendation to the City Council on the Project; and, WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project held on November 28, 2007 and the minutes and resolution resulting thererrom, are hereby incorporated into the record ofthis proceedings; and, E. City Council Record on Applications WHEREAS, the City Clerk set the time and place for the hearing on the Project application and notices of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city, and its mailing to property owners within 500 ft. of the exterior boundaries of the Project at least ten (10) days prior to the hearing. WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on 2007, in the Council Chambers in the City Hall, Chula Vista Civic Center, 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. F. Discretionary Approvals Resolution and Ordinance WHEREAS, at the same City Council meeting at which this Ordinance was introduced for first reading on December 18,2007, the City Council of the City of Chula Vista approved Resolution No. by which it approved amendments to the General Plan, the EastLake II General Development Plan, the Eastlake II Supplemental Sectional Planning Area (SPA) Plan, the Design Guidelines, the Supplemental Public Facilities Financing Plan, and the Air Quality and Water Conservation Plans G. Environmental Determination WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Quality Act (CEQA) and has conducted an Initial Study, IS-07-015 in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that the project could result in significant effects on the environment. However, revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-07-015. Pursuant to the Resolution , the City Council adopted the Mitigated Negative Declaration IS-07-015. II NOW, THEREFORE, the City ofChula Vista finds, determines and ordains as follows: A. CONSISTENCY WITH GENERAL PLAN The City Council finds that the proposed Amendments to the Eastlake II Planned Community District Regulations and Land Use District Map are consistent with the City of Chula Vista General Plan, as amended. B. APPROVAL OF PROPOSED AMENDMENTS The City Council approves the amendments to the Eastlake II Planned Community District Regulations and Land Use District Map as represented in Exhibit B. III. EFFECTNE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by: Approved as to form by: Jim Sandoval Director of Planning Ann Moore City Attorney J: \Planning\casefiles\06-07\pcm 07 -04 \oridnancesc "~ Q) v) .J-J' Q): c: ,~ Q) ,.-....;.; , ,',' I U. Y'),' / ','. ' .J.:-I > V).C / ,,'(1J.'QJ, ,,' E .,'~~:'.',i:j:: ~ ill Q? eJ ".,::f ~ c:: -< ~ )'FP c(j/ ,"I'CIJ', E" b~~,. .:/>~" ,.'rtJ ~'" ~(;~; V)\'.b::.:' ' CO t;i:)" UJ "'.>. \~~t..~, <:/>. ~:~:~" ,,/,/-"'tJ) , ; (I), !c)-I}': _1,...../ I j'lII/lf/fl',_./ \i&:~S~- -" ,.B~..., -__L~) ,~'i\ ':\ .,--: '.. ": \ ", \ -...:~ . 'III ... c( ;'~~i,i,," "iii .,; CD -< "" (f) '0' c: CI) E <(, It <n U' <D (1)' .>: ~ U> 0> W a; ~/J u '~8'- -.,.~, <t: ,l- .0) :5 go' . Z EXHIBIT A / / .... o N o ~ ~ ',' EXHIBIT B (SEE ATTACHMENT 8, PC. DISTRICT REGS TAB) ATTACHMENT 3 MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM Mitigated Negative Declaration PROJECT NAME: Eastlake Business Center PROJECT LOCATION: North side ofOtay Lakes Road, west of Hunte Pkwy. ASSESSOR'S PARCEL NO.: 595-711-09,595-710-09,10,11 & 12,595-711-03 PROJECT APPLICANT: IRE Development & Innkeepers CASE NO.: IS-07 -015 DATE OF DRAFT DOCUMENT: October 17, 2007 DATE OF RESOURCE CONSERV AnON COMMISSION MEETING: November 5, 2007 DATE OF FINAL DOCUMENT: Prepared by: Benjamin Guerrero, Senior Planner A. Proiect Setting The project site consists of 43.7 acres located on the north side of Otay Lakes Road and west of Hunte Parkway. The project site can be described as containing three distinct areas (See Exhibit 2). Area A contains the existing Eastlake Design District which consists of existing furniture stores and showrooms related to home improvement with ancillary commercial uses. Area B consists of relatively flat vacant building pads. Area C is vacant land and is located at a higher grade (about 28 feet) than Otay Lakes Road. The project site is in an urbanized area in the eastern portion of the City ofChula Vista (see Exhibit 3 - Aerial Map). Topography across the project site is relatively flat and the property is devoid of vegetation. The site is surrounded by residential and commerciallindustrial development as follows: Design District (Area "A '') and Eastlake Design Center (Area "B '') North: Single Family Residences East: Single Family Residences South: Otay Lakes Road, Single Family Residences West: Medical Offices & Industrial Businesses Eastlake Corporate Center Area C: North: Commercial, Multi-Family residences, Single Family residences East: Medical Office Buildings South: Otay Lakes Road, Single-Family Residences West: Hitachi Business B. Proiect Description The project consists of an amendment to the City of Chula Vista General Plan (GP A) to change the land use designation of approximately 16.7 previously developed acres at the northeast comer of Fenton Street and Showroom Place (851-891 Showroom Place) within the Eastlake Business Center (hereafter referred as Area "A") from Limited Industrial to Commercial Retail. The GP A amendment would allow additional commercial retail types of uses to complement the existing tenant mix. 1 " "- -~''- 8 >< U.I 2 Iloo 0 o en ~ .9:! +lC c ~ c o I'a Uti) Iloo 0 o en ~ .9:! 'CC ~ c o I'a Uti) ---~.-- ~.=.....~ \ \ \ r , IJ d II, Ii 'I ~ 1 \ \ \ ------ -~--~ ~-- ,~ ,/" r <I> m o U) .B (5 z '"" ... - m - :I: >< w ~ 0.. Q) ro =~ Q) .b U -2 -- rJ'.J U rJ'.J -- Q) > = cd .~ t) rJ'.J __ ~ > ~ cd ~ Q) ;j ~~ ~ u ~ P-( ~ ~ ~ 0 0 rJ'.J .b OJ ~ -- ~u E E )( J,!! '" ]! 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Q) ;:j ~~ C'd U ~ '+-I ::; ~ 0 g 00 >,. 0; cU .B- 70 r....l U ~ ~ :a :E )( ~ '" (;j .~ ::!: OJ c Q) o '" :J OJ Q) ~ '" t; '" w o ~ OJ :J (') C Q) g;1 o a; Q) :J tOT Q) c:: >. .0 '" U '" o a. -;;; E)~ ~ S2 .:..; Concurrent amendments to the Eastlake II General Development Plan (GDP), Eastlake Business Center II Supplemental Sectional Planning Area (SPA) Plan and associated regulatory documents are also proposed for Area A above and parcels identified as Lot 2 of Map 13971 and Lots 5-8 of Map 14395 (herein after referred to as Area B) and 2430 Fenton Street (hereinafter referred to as Area C). The GDP and SPA amendments consist of changing the land use designation of Area A from BC-l (Business Center Manufacturing Park District) with Design District Overlay to a new commercial ( VC-5) land use district; and Area Band C from BC-l (with area B currently including a Design District Overlay) to BC- 4 (Business Center Core District). Also included are certain modifications to the adopted property development regulations in order to accommodate greater design and land use flexibility, including an increase in building height from 35 to 60 feet up to a maximum of 76 feet for Areas Band C. The project further proposes repeal of the previously adopted Master Use Permit PCC-05-070 for Area A and B and includes approval of conditional use permit and design review for a new hotel and office building on Area C (see Exhibit 2). The conditional use permit application requests permission to establish and operate an approximately 148,024 square foot, five-story hotel with 156 rooms and 10,000 square feet of conference rooms and other amenities on Area C. The hotel will also provide a restaurant for its guests and a total of 163 parking spaces. A design review application was also filed for the construction of an approximately 122,071 square foot, four-story Class A office building providing approximately 433 parking spaces in Area C. Both the hotel and office buildings will be served by a reciprocal access and parking agreement. C. Compliance with Zoning and Plans The existing zoning of the project sites is follows: Areas A, B & C: BC-l (Business Center Manufacturing Park District). Areas A and B also include an existing Design District Overlay. The applicant proposes a change of zone as follows: Area A from the existing BC-l to VC-5 Land Use District; Area Band C from BC-l to BC-4 (Business Center Core District); The General Plan designation for Area A is presently Limited Industrial and it is proposed to be amended to Commercial Retail. The project further proposes repeal of the previously adopted Master Use Permit for Area A & B and approval of a conditional use permit and design review for a new hotel and office building for Area C. D. Public Comments On July 23, 2007, 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 August 2,2007. No comments were received. On October 17, 2007 a Notice of Availability was posted with the County Recorder's Office and circulated to property owners within a 500-foot radius ofthe project site. The Draft MND was also made available at the PSB building, the main public library, the Eastlake public library and the eastern Chula Vista Governmental offices. No comments were received during the thirty-day public review period ofthe draft MND [October 17,2007 through November 16,2007]. E. Identification of Environmental Effects An Initial Study conducted by the City of Chula Vista (including an attached Environmental Checklist form) determined that the proposed project would not have a significant environmental effect because mitigation measures incorporated into the project have eliminated possible significant 2 impacts or reduced them to a level of insignificance. Therefore, the preparation of an Environmental Impact Report will not be required. This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. Aesthetics/Visual Character Area A {Eastlake Design District} The Eastlake Design District Area (Area A) is fully constructed and developed at a height of 35 feet. No increase in height is proposed for Area A. There are no physical changes or impacts to aesthetics or visual character from the proposed change in land use to VC-5 and the repeal of the Design District Overlay. Area B (Vacant Building Pads) Development of this Area is not proposed at this time; however, the applicant is requesting an increase in building height from 35-feet currently permitted to 76-feet in the BC- 4 district with increased setback requirements. The firm of Focus360 has provided photo simulations of a conceptual project to illustrate the potential visual impact of future development containing buildings with a height of76 feet at a building setback of210 feet from the north property line and 80 feet from the easterly property line. The photo simulations were taken from six observation points. Three observation points are located within the Rolling Hills Ranch residential development that abuts Area B to the north and the remaining three points from Eastlake Woods West residential development, which abuts Area B to the east. The photo simulations illustrate that a combination of increased building setbacks, architectural design and less vertical building massing will avoid any adverse visual impacts (see Appendix A). At the time when actual development is proposed, the applicant will be required to prepare additional visual analysis in conjunction with a request for approval of Design Review entitlements by the City of Chula Vista Design Review Committee (DRC). Therefore no immediate and direct impacts are associated with the change in land use and change in allowable height as part of the current amendments. The following mitigation measure would ensure that future development of Area B is subject to City adopted land use and design criteria: At the time when actual development is proposed for Area B, the applicant will be required to comply with the intent and purpose of the PC District Regulations and Design Guidelines and to prepare additional visual analysis in conjunction with a request for approval of Design Review entitlements by the City of Chula Vista Design Review Committee (DRC). Area C (Eastlake Corporate Center) A Visual Analysis Report was prepared by Jones and Stokes (June 2007) to analyze the Corporate Center (Area C). This report analyzed the impact of the proposed development from 10 Key Observation Points (KOP). Visual Simulations of the project were created and analyzed to determine the aesthetics of the height and mass of the buildings upon completion of construction. While the report did identify that the proposed development is taller than surrounding development, it concluded that the development would be compatible with the surrounding development. Impacts to all 10 of the KOPs were determined to be less than significant as the view shed from the KOPs were low to moderate scenic quality based upon the proposed fifty (50) foot building setback from the southern property line, which faces Otay Lakes Road. The City of Chula Vista General Plan identifies Otay Lakes Road as a Scenic Roadway. No impacts to Otay Lakes Road were identified by 3 the report as part of the Corporate Center Project and therefore no mitigation is proposed with respect to this roadway. Although the proposed building height exceeds that of surrounding development, visibility of the proposed hotel and office building will be minimized by a combination of greater building setbacks and reduction in vertical massing as viewed from the south. The considerations contained in the development standards and within the Design guidelines for Eastlake Business Center II for the BC-4 lots and which are applicable to this project are: For commercial and industrial buildings greater than 35 feet in height, the Design Review Committee shall consider the following special design objectives in addition to those contained in the Eastlake Business Center II Design Guidelines: 1. Ensure high quality and fully finished architecture on elevations facing adjoining residential development and properties equal to that of the other sides of the building. 2. Provide enhanced screening via increased size and/or amount of buffer landscaping and/or screening walls. 3. Maintain comparable access to light and air at the perimeter lot line based on a 35' building height at the minimum setbacks. a. Establish a height to setback ratio that achieves the negligible visible impacts of tall buildings as exemplified in the visual simulations conducted for Areas Band C. b. Maintain a comparable fa9ade area (maximum building width X base height of35 feet) for elevations facing residential developments or adjoining residential lots. This may be accomplished by reducing the total building width as the height of the building increases so that the total fa9ade area remains roughly the same. Example: 35' height X 100' width between side yard setbacks = building area of 3,500 square feet. A 70' tall building would have a target width of approximately 50 feet wide (70' X 50' = 3,500' square feet). All future development in the BC-4 Land Use District will be required to comply with these measures. In addition, all development in the area must obtain approval from the City of Chula Vista Design Review Committee. Proposed changes to allow the additional height have been evaluated for consistency with the goals, objectives and policies of the General Plan. The proposed increase in height will allow for development that is consistent with the General Plan and is well planned with appropriate building setbacks and design criteria. The following mitigation measure would ensure that the proposed building height increase would not result in an adverse impact to the various view sheds: Height limit for buildings proposed for Area C may be increased up to 76 feet contingent upon compliance with all proposed revisions to the PC District Regulations and Design Guidelines which include a combination of increased building setback, architectural design treatment and reduction of vertical building massing. The Design Review Committee may authorize deviations from these requirements where otherwise consistent with the intent and purpose of the PC District Regulations and Design Guidelines. 4 Air Quality An air quality impact analysis was prepared by Jones & Stokes (July 2007) for the proposed project. Following is a summary of the results and conclusions of this air quality report. Short- Term Construction Impacts The proposed project will result in a minor increase in air pollutants during the construction phase of the proposed hotel and office building. Fugitive dust would be created during grading and construction activities. Air quality impacts resulting from construction-related operations are considered short-term in duration since construction-related activities are temporary. Construction- related emissions would originate from proposed construction activities related to Area C and would consist of equipment exhaust, workers vehicle exhaust, dust from grading, and exposed soil eroded by wind. Dust control measures required during construction operations would be implemented in accordance with the rules and regulations of the County of San Diego Air Pollution Control District (APCD) and the California Air Resources Board. Construction onstructlOn mISSIons - ea orporate enter Max. Daih Pollutant Emissions (pounds) Construction Activity ROG NOx CO PMIO Site Grading 4.34 31.31 33.71 24.34 Building Construction 11.37 75.62 91.31 26.00 2008 Maximum Value 11.37 75.62 91.31 26.00 Building Construction 53.91 98.34 132.19 3.70 2009 Maximum Value 53.91 98.34 132.19 3.70 Significance Criteria >75 >100 >550 >150 Significant? No No No No C E . . Table 1 Ar CC C Source: California Air Resources Board-URBEMIS2002 Model Mitigation measures contained in Section F below would mitigate short-term construction-related air quality impacts to below a level of significance. Long- Term Operational Impacts The project site is located within the San Diego Air Basin (SDAB). Based on the Traffic Impact Analysis prepared by Linscott, Law & Greenspan (August 2007), the hotel and office building would generate approximately 3,950 new daily trips. The morning peak hour traffic resulting from the hotel and office project would be equivalent to 429 in and out driveway trips and the evening peak hour would result in 436 in and out driveway trips being generated. The City has traditionally used the significance emissions thresholds of the South Coast Air Quality Management District (SCAQMD), which is responsible for air quality in the urbanized areas of Los Angeles, Orange, San Bernardino, and Riverside counties. The air quality in the SCAQMD is much worse than the San Diego Air Basin; therefore, the SCAQMD thresholds are very conservative for the San Diego area. 5 The estimated operational emissions for this project are shown in Table 2 below. As shown on this table, none of the CEQA significance thresholds would be exceeded during operation of the project. The URBEMIS model for urban emissions was used to calculate the input and output data. Table 2 Ef tdO t IE' . (F 11 B 'ld t C d'f Ar CC t C t ) sIma e pera lOna mISSIons - u U1 ou on I Ions - ea orpora e en er Max. Dail) Pollutant Emissions (pounds) ROG NOx CO PMIO Summer Period Area Source Emissions .66 2.83 3.63 0.01 Vehicular Emissions 30.35 40.24 396.55 50.89 Total Emissions 31.01 43.08 400.18 50.90 Winter Period Area Source Emissions .48 2.82 2.36 0.00 Vehicular Emissions 31.60 50.83 360.40 50.89 Total Emissions 32.08 53.65 362.76 50.90 Significance Criteria >55 >55 >550 >150 Significant? No No No No Source: California Air Resources Board-URBEMIS2002 Model A CO hot spot analysis was conducted to determine whether the proposed hotel and office-building project would contribute to a violation of the ambient air quality standards for CO at any local intersections. Three intersections having high a.m. and p.m. peak hour volumes (per LLG Traffic Impact Analysis; August 2007) were modeled for CO impacts. The table below shows the three selected intersections. The results show that the State one-and eight-hour standards of 20 ppm and 9 ppm, respectively, would not be exceeded at any of the three intersections. COH M d r C Table 3 ( ) otspots o e mg oncentratlons lPpm I-hour 8-hour I-hour 8-hour Intersection AM AM PM PM Otay Lakes Rd/ 6.4 4.2 6.7 4.5 V ons Driveway Otay LakesRd/ 6.3 4.2 6.9 4.6 Eastlake Rd. Fenton St! Harold 4.4 2.8 4.4 2.8 PI-Hitachi PI. CAAQS Standard 20.0 9.0 20.0 9.0 Significant? No No No No Note: Background concentrations of 3.9 ppm and 2.48 ppm were added to the modeling I-hour and 8-hour results, respectively. Paleontological Data compiled by the San Diego Natural History Museum, Department of Paleo Services was used to assess paleontological resource sensitivity issues in relation to proposed project grading, construction, operation and maintenance activities. The assessment was based both on known paleontological sites within the project area, as well as extrapolated biostratigraphic information derived from rock units in adjacent areas or areas of regional context which indicate the potential for a fossil resource to occur in particular geologic unit. Even though there are no known significant 6 fossil resources found at the project site, the general vicinity has been identified as forming part of an area considered by experts in the field of paleontology as having a "high paleontological resource sensitivity". This rating would require a paleontological monitoring and mitigation program. This means that an approved monitoring program would be available for implementation during grading and excavation activities related to this project. Subsequently, if unique paleontological resources are discovered, all significant fossil material will need to be collected, prepared, identified, and curated, and then placed into a state-designated scientific repository. Compliance with the mitigation measure contained below in Section F would avoid significant impacts to paleontological resources. Geology and Soils Geotechnics INe. prepared geotechnical/soils reports (August 2007) for the proposed development of Area e. The report, approved by the City Engineering Department, states that no adverse geotechnical conditions were encountered which would prohibit the proposed development of project Site e. The preparation and submittal of a final soils report will be required prior to the issuance of a grading permit as a standard engineering requirement. Project Site "C", where development is proposed has been previously mass graded. There are no known or suspected seismic hazards associated with the project site. The project site lies about four miles west of the La Nacion Fault Zone (an inactive fault zone). The closest recently active fault is the Rose Canyon Fault, located about 14 miles west of the site. The site is not located within an Alquist-Priolo Special Studies Zone. Therefore, project compliance with applicable Uniform Building Code standards would adequately address any building safety/seismic concerns. The proposed project site C Area is not located within a landslide hazard area or liquefaction hazard area. Landslide hazard areas are areas containing active land-slide-prone terrain. These are typically areas that contain unstable sedimentary rock formations, contain slopes exceeding 25 %. Likewise, liquefaction hazard areas are characterized by shallow ground water tables and poorly consolidated sediments subject to hazards associated with seismically induced liquefaction. No adverse impacts related to landslide or liquefaction is anticipated from development of Area e. In order to prevent silt discharge during construction, the developer will required to comply with best management practices in accordance with the NPDES General Construction Permit. The appropriate standard erosion control measures would be identified in conjunction with preparation of final grading plans and would be monitored and implemented during construction by the Engineering Division. Therefore, the potential for the discharge of silt into city drainage systems would be less than significant. Hydrology A Drainage report was prepared by K&S Engineering (September 2007) and approved by the City's Engineering Department. The study evaluated storm runoff under existing conditions and compared it to the existing conditions plus project conditions (50-year events). The report assessed any potential drainage impact that could be caused, or aggravated by project development. The project proposes to add 8.14 acres of impervious area in the form of rooftops, parking lots, access drives, sidewalks, etc. The Eastlake Design District Area (Project site A) is fully constructed and developed. Area B is presently vacant and no specific development is proposed. The hotel and office building is proposed for Area C which is presently vacant. Area C has been previously sheet graded, and gently slopes towards an existing de silting basin located in the northwest comer of the project site. The slope 7 along the southern boundary is landscaped with trees, shrubs and grass. The onsite drainage is proposed to be collected in curb, gutters and inlets and discharged at a low point from which it enters a grassed bio swale, clean water filter system units, downspout and stormwater bioretention filtration system (Filterra), located at different comers of the property. Once the runoff is treated, it will flow via an onsite 24-inch lateral pipe towards Fenton Street to an existing 36" storm drainpipe, which has a design capacity of Q50 with an ultimate design capacity ofl 07 .97 cfs. The results of the Drainage Report (September 2007) and Water Quality Technical Report (September 2007) prepared by K&S Engineering were compared with the City of Chula Vista Eastlake Business Center II Master Study. The comparison results indicate that the project run-off flow rate, volume, velocity and duration for the post development condition will not exceed the ultimate design condition of the existing drainage pipe system for 2, 10 or 50-year storm frequency. The proposed development will not alter the natural drainage path or divert any drainage from the current condition or drainage boundaries. Based on these calculations approved by the City of Chula Vista Engineering Department, the project would meet City approved standards and, therefore, would not result in any adverse impacts to public facilities or surrounding properties. Table 5 Storm Frequency Design Velocity Ultimate Developed Pipe Design Fenton Street for 50-Year Event Per Hunsaker Study 107.97 CFS 23.0 FPS Ultimate Developed Condition Calculated per K& S Engineering 50-Year 50-Year 26.7 CFS 17.67 FPS Water Quality A Hotel and Office building are proposed for Area C, which is presently vacant. The proposed development will result in 8.14 acres (85%) of impervious area (roofs, parking lots, roadways, sidewalks, etc.). As stated above, Area C has been previously sheet graded, and gently slopes towards an existing de silting basin located in the northwest comer of the project site. The slope along the southern boundary is landscaped with trees, shrubs and grass. The onsite drainage is proposed to be collected in curb, gutters and inlets and discharged at a low point from which it enters a grassed bio swale, clean water filter system units, downspout and stormwater bioretention filtration system (Filterra), located at different comers of the property. Construction Best Management Practices In order to properly manage water runoff from the proposed project during the construction phase, the project proposes to incorporate the following management facilities and best management practices: . Storm Drain Inlet Protection . Stockpile Management . Solid Waste Management . Stabilized Construction Exit . Vehicle and Equipment Maintenance . Erosion Control Mats and Spray-on Applications . Gravel Bag Berms 8 . Material Delivery and Storage . Spill Prevention and Control . Concrete Water Management . Water Conservation Practices . Paving and Grinding Operations . Stabilization of Disturbed Areas . Permanent Re-vegetation of Man-Made Slopes BMPs shall be selected, constructed, and maintained so as to comply with all applicable City of Chula Vista Ordinances, policies and regulations and regulatory agency regulations and will be subject to the approval and continued monitoring ofthe City of Chula Vista. Post-Construction BMPs . Limit road widths, parking lot and driveway areas spaces. · Include as part of the project design self-treating areas such as: large landscaped areas, grass or vegetated swales, and turf block paving areas. . Directing roof runoff to landscaped areas before discharge to storm drains. . Propose a Jensen Precast Interceptor and Filterra and storm water system subject to the approval of the City ofChula Vista Engineering Department. The applicant/developer shall be required to comply with the National Pollutant Discharge Elimination System (NPDES) regulations including the preparation and implementation of a Water Quality Technical Report (WQTR) and a Storm Water Pollution Prevention Plan (SWPPP). The implementation of water quality Best Management Practices (BMPs) as described above will be required in accordance with the NPDES General Permit and as approved by the City Engineer. Based upon the implementation of standard engineering requirements and compliance with requirements of the WQTR, SWPPP and BMPs, water quality impacts would reduce to a level below significance. Land Use Analysis of Proposed Amendment from Light Industrial to Commercial Retail for Area A The existing land uses presently found within the 16.7 acres of the Design District (Area A) consist primarily of furniture stores and wholesale/retail distribution and showroom businesses related to home improvement merchandise. The existing land uses are not typically representative of light industrial land uses such as warehousing, light manufacturing, and public storage with some offices. A previous amendment to the Eastlake Business Center II SPA was approved in 2005, which created a Design District Overlay zone that permitted the existing land uses. In terms of actual land designated for industrial land use, the 16.7 acres represents 7.4 percent of industrial land within the Eastlake Planned Community. Further analysis shows that the 16.7 acres represents less than 1.3% of the industrial lands in eastern Chula Vista and less than 1 % of the overall industrial lands within the City. Therefore, the percentage reduction of industrially designated land is fairly small in comparison to the total amount of industrial land available in the City. The establishment of the Eastlake Design District allowed for an increase in the amount of land uses oriented more towards commercial retail, which is consistent with the current request to change the existing General Plan land use designation from Light Industrial to Commercial Retail. The proposed amendment would reflect more accurately the existing representative commercial/retail uses, which have already begun to be established within this site and would also allow an increase in 9 commerciallretail use. The proposed amendment therefore, is essentially a necessary action to bring consistency between the General Plan and the Eastlake II Business Center SPA. No adverse impacts as a result of the proposed general plan amendment are anticipated and therefore no mitigation is required. Noise Eastlake Corporate Center Proposed Hotel and Office Building Noise Consultant Jones & Stokes, Inc., prepared an acoustical analysis (August 2007) for the proposed hotel and office development project. The study identified the primary noise source generator as traffic noise from Otay Lakes Road. Additional noise sources identified by the study were from children playing in the distance, and aircraft overflights. The noise study also assessed potential project impacts from short-term and long-term stationary and mobile noise sources. The sources included onsite construction activities and on-site and off-site operations. An evaluation was made as to whether on-site operations could affect local residences or other noise-sensitive land uses. Additionally, the effects from noise on on-site and off-site noise- sensitive receptors as a result of future traffic volume increases were analyzed. A noise impact generated by construction or operation activities related to the project would be considered significant if it would result in: . Exposure of persons to, or generation of, noise levels in excess of standards established in local general plans. The City's exterior noise standard for office buildings and commercial /retail property is 70 CNEL. . A substantial permanent increase in ambient noise in the project vicinity (an increase of 5 to 10 dBA is generally considered substantial); or . A substantial temporary or periodic increase in ambient noise levels in the project vicinity (an increase of 15 dBA is generally considered substantial for this type of increase). Construction Noise The closest noise-sensitive receptors to the project site are residential land uses to the south of the project site. Construction activities could occur as near as 250 feet from existing residences and as far as 950 feet. A construction noise level of 89 dBA Leq at 50 feet would attenuate to approximately 75-dBA leq at a distance of 250 feet from the source. The City's noise ordinance exempts construction activities from the noise standard (providing that such activities take place between the hours of 7:00 a.m. to 10:00 p.m. Monday through Friday and 8 a.m. to 10 p.m. on Saturdays and Sunday). This provision of the Municipal Code would ensure that surrounding residents would not be disturbed by construction related noise during the most sensitive periods of the day. Project construction work is anticipated to occur between the hours of 7:00 a.m. and 5:00 p.m. weekdays only. Provided that the project's construction activities are limited to the allowed hours, the project's short-term noise impact would be less than significant. Traffic Noise Based on the acoustical report prepared by Jones and Stokes, potential operational noise effects would be limited to project-related traffic. The results of the predicted traffic modeling results are shown in Table 4. As shown in Table 4, modeled traffic noise levels in the future (Year 2009) with project scenario would range from 58 dBA CNEL to 68 dBA CNEL. 10 On-Site (Hotel & Office Uses - Area C) Potential Impacts from Traffic Generated Noise (Otay Lakes Road) The proposed hotel and pool area are considered to be noise-sensitive areas and would therefore be subject to the City's exterior noise standard of 65dBA CNEL. Based on the site design, the pool area would be located about 220 feet away from the centerline of Otay lakes Road and would be surrounded by a solid six foot high wall. The pool area is also located about 28 feet above the local roadway grade, and would receive acoustical shielding by being located at the top slope. As shown on Table 4, the exterior traffic noise level at the pool area is projected to be approximately 62 dBA CNEL, and thus less than the City's 65 dBA CNEL exterior noise standard. The office-building project proposes to have employee break areas along the southeast and southwest comers of the building. These areas would be located about 250 feet from the centerline of Otay Lakes Road, and would also benefit by acoustical shielding by virtue of the difference in elevation between the top of slope and the street grade. As shown on Table 4, the exterior traffic noise level at the pool area is projected to be approximately 62 dBA CNEL, and thus less than the City's 65 dBA CNEL exterior noise standard. The portion of the proposed hotel that would be closest to Otay Lakes Road centerline would be at a distance of approximately 220 feet. The guest rooms of the hotel would be subject to the City's standard of 45 dBA CNEL. As shown in Table 4, the predicted noise level at the southern side of the proposed hotel would be 66 dBA CNEL in the future, which would exceed the city's exterior standard. As a mitigation measure, where exterior noise levels exceed 60 dBA CNEL, the project will be required to submit at the building permit stage an acoustical report containing attenuation features that demonstrate that interior noise levels will be maintained at or below 45 dBA CNEL. Modem sound-rated construction assemblies as well as the provision of forced-air mechanical ventilation or air conditioning systems (operated with the windows shut) typically provide approximately 20 to 25 decibels of exterior-to-interior noise reduction. Such assemblies and techniques include but are not limited to sound-rated windows and doors and sound-rated exterior wall assemblies. With the implementation of the sound-rated construction materials and a central air conditioning system, noise impacts from traffic sources would be reduced to a level of insignificance. Parking Area A (Eastlake Design District) The Eastlake Design District (Area A) is an existing development that is proposing an amendment to allowable uses within the existing buildings. A Traffic and Parking Study was prepared by Linscott Law & Greenspan (March 16, 2007) for Area A. This study assumed an increased mix of commercial uses typical of what the proposed amendments would allow. The study concluded that there would be adequate parking. Further, additional uses cannot be approved absent evidence of adequate parking availability. The study included a 15% mixed-use reduction and credit based on patrons from the same vehicle patronizing more than one business per trip. The project proposes an amendment that would change the existing BC-l (with design district overlay) to a new land use district category to be named Village Center 5 (VC-5) District. Area A would be the only property within the Eastlake Business Center II with the VC-5 Land Use District designation. Although the current proposal is to allow the entire Area A to be converted to 11 commercial retail, this is predicated upon the project meeting the parking standards for each individual type of land use proposed under the VC-5 District. The PC District Regulations have been amended to require that future changes in use within the development that will alter parking requirements are required to demonstrate adequate parking to the satisfaction of the Director of Planning and Building and the City Engineer. The change to the VC-5 District Planned Community District Regulations for Eastlake II will ensure that no adverse impacts to parking will result within the existing shopping center and therefore no parking mitigation is required. The parking requirements for the proposed VC-5 and BC-4 Districts will also be amended to provide a new standard for furniture stores and to allow for shared parking subject to a specific procedure for demonstrating adequate parking. The new requirement is based on a parking analysis approved by the City of Chula Vista that determined the appropriate number of required spaces for furniture stores. The new standard is a refinement to the development code and will not result in adverse impacts to the overall parking requirements. Area B (Vacant Building Pads) Specific development is not proposed for the Area B at this time. However, when development is proposed, the project will be required to provide parking on-site that is consistent with the Eastlake Business Center II Planned Community District Regulations. Therefore there are no impacts related to parking at the Design Center associated with this amendment, and therefore no mitigation is proposed. Eastlake Corporate Center (Area C) A parking study was prepared by the traffic engineering firm of Linscott, Law & Greenspan (September 2007) to determine the adequacy of proposed parking on-site. In particular, the parking study sought to address the parking needs for a proposed meeting/banquet room space proposed by the hotel land use. The City of Chula Vista does not have parking standards that specifically address hotels with conference room space. A survey of other municipal jurisdictions was also conducted in order to obtain clearer requirements for meeting/banquet room place. For the purposes of determining the parking demand, the City assumed that dedicated conference space would require parking in addition to the City's standard requirement for hotels. The parking study determined that adding the requirement of 1 space per 100 sq. ft. of gross floor area of dedicated conference space in a hotel would adequately address the overall hotel parking requirement. The parking study took into account the fact that hotel, conference center and office uses peak at different times of the day. It also noted that the proposed hotel is a business hotel, not a tourist hotel. The target market for the hotel is business travelers visiting local companies to conduct business or corporate executives visiting a satellite office in Chula Vista. Business travelers and local companies holding small conferences or meetings in a space larger than the typical office conference room will use the conference room space. The hotel peak demand occurs from 10:00pm to 6:00am while the office peak demand occurs at 8:00am to 5:00pm. The study demonstrates that, even assuming an additional 88 parking spaces need to be provided for the conference rooms independent of the standard hotel parking requirements, there is adequate parking for the hotel (with conference rooms) and the office building to operate independently. The owner's of the Corporate Center hotel and office buildings will be entering into a private reciprocal parking agreement to share parking as needed between the properties in order to take advantage of their different peak demands and the minimum of 35 excess parking spaces that are available at any given time. This agreement will be 12 incorporated into the CC&Rs for the subject properties and recorded with the County Recorder. This will ensure that adequate parking is being provided for conference use on evenings and weekends. Using the most conservative and restrictive of scenarios and parking requirements, the study demonstrated that the total peak parking demand of 561 spaces would occur at 10:00am. The Corporate Center is proposing 596 parking spaces, which results in an excess of 35 spaces at the peak hour over the theoretical maximum demand. Therefore the study concluded that the 596 spaces are adequate for the proposed land uses at the Corporate Center and therefore no mitigation is required. Furthermore, a condition of approval for the required conditional use permit for the hotel will allow the City of Chula Vista to require a Shared Parking Agreement if the City determines that there is a demonstrated need for more parking on one or both of the sites after the hotel is in operation. Traffic The traffic-consulting firm of Linscott, Law and Greenspan (LLG) performed a traffic impact analysis for Areas A, Band C (September 2007). For Area A the traffic report analyzed a project proposing 125,100 square feet of furniture stores, 39,350 square feet of office floor space, 39, 350 square feet of specialty retail/Strip commercial and 27,800 square feet of restaurant space for a total of 231,566 square feet. For Area B the traffic report analyzed a high intensity land use consisting of 160,000 square feet of specialty retail/strip commercial simulating a daily worst-case scenario for the future potential development of this site. For Area C, the traffic report analyzed a proposed 155- room hotel with 10,000 square foot of convention/meeting rooms and a 120,000 square foot office building. Eastlake Design District (Areas A & B) The Eastlake Design District is located in the northeastern quadrant of the Otay Lakes RoadlFenton Street intersection. Otay Lakes Road, a classified Six-Lane Major, west of Pas eo del Rey, and a Six- Lane Prime Arterial from Paseo del Rey to the SR-125 alignment, provides the east-west access to Areas A& B. From Otay Lakes Road, the only access to the site is from Fenton Street via Showroom Place. Showroom Place is a 40-foot wide unclassified two-lane cul-de-sac providing access to the project site. Area A is an existing development consisting predominantly of furniture stores. This development is complete and most of the buildings are occupied. The traffic study prepared by LLG (August 2007) analyzed the proposal to modify the present permitted land uses to allow for a mix of office, restaurant and specialty retail. While the current proposal is to allow the entire Area A to be utilized for commercial retail uses, the amount of available on-site parking will limit the actual amount and type of commercial retail uses which may occur. Area B is presently vacant and even though no site-specific project is proposed, the traffic impact report analyzed a worst-case scenario, which included specialty retail uses. Subsequent changes to the applicant's proposal have resulted in Area B being proposed for BC-4 uses instead. BC-4 uses are industrial in nature and have less daily trip generation potential then specialty retail, which were analyzed in the traffic study. The City Engineering Department has determined that this change will not result in any additional daily trip generation. The existing land uses of Area A are calculated to generate a total of 1,110 ADT with 44 trips during the AM peak hour (31 inbound and 13 outbound) and 100 trips during the PM peak hour (50 inbound and 50 outbound). With the proposed land use change, Area A would generate a net 3,900 ADT with 13 139 trips during the AM peak hour (110 inbound and 29 outbound) and 355 trips during the PM peak hour (189 inbound and 166 outbound). Area B site land uses were calculated to generate a total of 5,440 ADT with 163 trips during the AM peak hour (98 inbound and 65 outbound) and 448 trips during the PM peak hour (224 inbound and 224 outbound). The traffic study calculated the traffic for Areas A & B to be a net of 9,340 ADT with 302 trips during the AM peak hour (208 inbound and 94 outbound) and 803 trips during the PM peak hour (413 inbound and 390 outbound), with the pass by reduction. Short-Term Impacts (Year 0 to 4) Based on the traffic impact study results, in the near term with the project, all intersections are calculated to operate at Level of Service D (LOS) D or better except the Otay Lakes Rd/V ons Driveway intersection, which is calculated to continue to operate at LOS F during the PM peak hour. The impact at this intersection is considered to be cumulative in nature. Since this is a cumulative impact, the following recommended traffic mitigation is tied to development of Area C and would result in this intersection operating at an acceptable LOS C during the AM peak hour and LOS D during the PM peak hour: . Prior to the issuance of the first building permit for Area C the ApplicantlDeveloper shall pay the required amount of Transportation Development Impact Fees (TDIF) as confirmed by the City ofChula Vista City Engineer to cover its share of the cost of improvements at the intersection of Otay Lakes RdNons Driveway, as described in the Project's Traffic Impact Analysis (September 2007). In the near-term with development of Area A, all segments are calculated to operate at a LOS C or better. The segment of Eastlake Parkway between Fenton Street and Otay Lakes Road is calculated to operate at an LOS D. Long-Term Impacts (Horizon Year 2(30) Based on the traffic study, all intersections are calculated to operate at LOS D or better in the Year 2030, except the following: · Otay Lakes RoadN ons Driveway (LOS E during the AM peak hour and LOS F during the PM peak hour) - Cumulative Impact (without mitigation) . Fenton Street/Showroom Place (LOS F during the PM hour) - Direct Impact In addition to the above-mentioned mitigation measure for Area A and Area B, the following mitigation will be required to address a long term direct project impact. Once this mitigation is implemented the intersection of Fenton Street/Showroom Place is projected to operate at an acceptable LOS B: · The ApplicantlDeveloper shall be required to enter into an agreement to design, construct, and secure a fully actuated traffic signal including interconnect wiring, mast arms, signal heads and associated equipment, underground improvements, standards and luminaries prior to completing development of Area B at the intersection of Showroom Place and Fenton Street or as determined and approved by the City Engineer. The Applicant/Developer shall bond for the signal improvement prior to the issuance of the first building permit for Area B. 14 The bond shall be in an amount equal to 200% of the engineer's estimate for development of Area B. If signal plans are submitted prior to the first building permit for Area B with an approved engineer's cost estimate, then the bond may be reduced to as low as 100% of the estimated cost. The Applicant/Developer shall also provide one shared through/right-turn lane and one left-turn lane on southbound (outbound) Showroom Place. The Applicant/Developer shall also provide one left-turn lane and one right-turn lane on northbound Fenton Street with right-turn overlap phasing. Hotel and Office Buildings (Area C) To identify potential traffic impacts associated with the development of the project, a Traffic Impact Analysis was prepared by the traffic engineering firm of Linscott, Law & Greenspan (September 2007). The traffic study projected that the proposed hotel and office building will generate an estimated total Average Daily Traffic (ADT) of 3,950 driveway trips, with 429 trips occurring in the AM peak hour (358 inbound and 71 outbound) and 436 trips occurring in the PM Peak hour (136 inbound and 300 outbound). The proposed project will take access from an existing driveway on Fenton Street (see project site plan Exhibit B). The City of Chula Vista Circulation Plan classifies Fenton Street as Class I Collector. Otay Lakes Road will provide the east-west access to the site. Otay Lakes Road is classified as a Six-Lane Major west of Paseo del Rey, and as a Six-Lane Prime Arterial from Paseo del Rey to the SR 125 alignment. Short-Term Impacts (Year 0 to 4) Based on the traffic impact study results, in the near term with the project, all intersections are calculated to operate at LOS D or better except the Otay Lakes RdN ons Driveway intersection, which is calculated to continue to operate at LOS F during the PM peak hour. The impact at this intersection is considered to be cumulative in nature. The following recommended traffic mitigation would result in this intersection operating at a LOS C during the AM peak hour and LOS D during the PM peak hour: · Prior to the issuance of the first building permit for Area C the ApplicantlDeveloper shall pay the required amount of Transportation Development Impact Fees (TDIF) as confirmed by the City of Chula Vista City Engineer to cover its share of the cost of improvements at the intersection of Otay Lakes RdNons Driveway, as described in the Project's Traffic Impact Analysis (September 2007). Long-Term Impacts (Horizon Year 2030) Based on the traffic study, all intersections are calculated to operate at LOS D or better in the Year 2030, except the following: · Otay Lakes RoadN ons Driveway (LOS E during the AM peak hour and LOS F during the PM peak hour) The mitigation measure proposed to address short term impacts for development of Area A & B above will consequently adequately address the same identified long-term impact to this intersection. 15 Conclusion The identified traffic impacts for Areas A, Band C have been adequately analyzed by the traffic engineering firm of Linscott, Law & Greenspan and said analysis has been reviewed and approved by the traffic engineering section of the City of Chula Vista. The implementation of the proposed mitigation measures for the identified short term, long term, cumulative and direct traffic impacts will result in acceptable levels of operation of these intersections. Sewers Sewer flows from the proposed project have been identified in the sewer capacity studies (August 2007) prepared by K&S Engineering for the existing Eastlake Design District (Area A) and for the multi-story hotel and office building proposed for Area C. Any proposed change in land use development of Area B would be subject to further sewer analysis as determined by the City Engineer. The sewer study for the Design District (Area A) analyzed the existing development and two proposed restaurants for the project site. The sewer study for Area C analyzed the proposed flows of the hotel and office building. No further sewer analysis was performed either for Area B or for additional restaurants that may be proposed for Area A. Based on the off-site sewer analysis for Area A and C, the proposed projects as described above would not significantly impact the existing off site downstream wastewater facilities and would not trigger additional sewer improvements. However, additional sewer analysis would need to be performed by the applicant/developer, if there is any change in land uses associated with the future development of Area B. No adverse impacts to City sewer capacities or facilities are noted, therefore no mitigation IS required. E. Mitigation Necessary to Avoid Significant Impacts AestheticsNisual Quality I. Height limit for buildings proposed for Area C may be increased up to 76 feet contingent upon compliance with all proposed revisions to the PC District Regulations and Design Guidelines which include a combination of increased building setback, architectural design treatment and reduction of vertical building massing. The Design Review Committee may authorize deviations from these requirements where otherwise consistent with the intent and purpose of the PC District Regulations and Design Guidelines. 2. At the time when actual development is proposed for Area B, the applicant will be required to comply with the intent and purpose of the PC District Regulations and Design Guidelines and prepare additional visual analysis in conjunction with a request for approval of Design Review entitlements by the City of Chula Vista Design Review Committee (DRC). Air Quality 3. The following aIr quality mitigation measures shall be implemented during grading and construction: a) Minimize simultaneous operation of multiple construction equipment units b) Use aqueous diesel fuel and lean NOx catalysts for all heavy diesel engine construction equipment c) Use electrical construction equipment as practical d) Use catalytic reduction for gasoline-powered equipment 16 e) Water the construction area twice daily to minimize fugitive dust f) Pave permanent roads as quickly as possible to minimize dust g) Use electricity from power poles as opposed to mobile power generators h) Pave last 100 feet of internal travel path prior to exiting onto a public street i) Install wheel washers by a paved apron prior to vehicle entry on public roads j) Remove any soil/dirt from public streets within 30 minutes of occurrence k) Suspend all soil disturbance and travel on unpaved surfaces if winds exceed 25 mph. The air quality mitigation measures shall be shown on all applicable grading, and building plans and 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. Paleontological 4. Prior to the issuance of a building permit for Area C, the applicant/developer shall have a paleontological monitoring program approved by the Environmental Review Coordinator. Said monitoring program shall be implemented during grading, excavation, and utility trenching activities in order to mitigate potential impacts to any undiscovered nonrenewable paleontological resources (i.e. fossils). Hydrology and Water Quality 5. In order to reduce potential water quality impacts, the applicant/developer shall be required to comply with the National Pollutant Discharge Elimination System (NPDES) regulations including the preparation and implementation of a Water Quality Technical Report (WQTR) and a Storm Water Pollution Prevention Plan (SWPPP). The WQTR shall be prepared pursuant to the provisions ofthe City ofChula Vista Development and Redevelopment Projects Storm Water Management Standards Manual. The SWPPP shall be prepared pursuant to the provisions of the NPDES General Construction Permit. The applicant/developer shall also implement water quality Best Management Practices (BMPs) as approved by the City Engineer. 6. All runoff from the project area shall be directed to, and pre-treated by, a Treatment Control BMP before discharge to public storm drainage systems. The design of high efficiency BMP's such as vegetated swales shall be in accordance with criteria established by the California Stormwater Quality Association in the California Stormwater BMP Handbook (BMP#TC-30). 7. Prior to commencement of grading, temporary de silting and erosion control devices shall be installed. Protective devices shall be provided at every storm drain inlet to prevent sediment from entering the storm drain system. These measures shall be reflected in the grading and improvement plans to the satisfaction of the City Engineer and Environmental Review Coordinator. Noise 8. Pursuant to Section 17.24.050(1) of the Chula Vista Municipal Code, project-related construction activities shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. Monday through Friday and between 10:00 p.m. and 8:00 a.m. Saturdays and Sundays. 9. Prior to the issuance of building permits, the ApplicantlDeveloper shall submit a noise report supported by data identifying specific noise attenuation features to be included in the project design, to the City of Chula Vista Environmental Review Coordinator and the City Building 17 Official demonstrating that noise levels will be less than 45 dBA for those hotel guest rooms facing south towards Otay Lakes Road. Traffic 10. Prior to the issuance of the first building permit for Area C, the Applicant/Developer shall pay the required amount of Transportation Development Impact Fees (TDIF) as confirmed by the City of Chula Vista City Engineer to cover its share of the cost of improvements at the intersection of Otay Lakes RoadNons Driveway, as described in the Project's Traffic Impact Analysis (September 2007). 11. The ApplicantlDeveloper shall be required to enter into an agreement to design, construct, and secure a fully actuated traffic signal including interconnect wiring, mast arms, signal heads and associated equipment, underground improvements, standards and luminaries prior to completing development of Area B at the intersection of Showroom Place and Fenton Street or as determined and approved by the City Engineer. The ApplicantlDeveloper shall bond for the signal improvement prior to the issuance of the first building permit for Area B. The bond shall be in an amount equal to 200% of the engineer's estimate for development of Area B. If signal plans are submitted prior to the first building permit for Area B with an approved engineer's cost estimate, then the bond may be reduced to as low as 100% of the estimated cost. The ApplicantlDeveloper shall also provide one shared through/right-turn lane and one left-turn lane on southbound (outbound) Showroom Place. The ApplicantlDeveloper shall also provide one left-turn lane and one right-turn lane on northbound Fenton Street with right-turn overlap phasing. E. Consultation 1. Individuals and Organizations City of Chula Vista: Jeff Steichen, Planning and Building Steve Power, Planning and Building Luis Hernandez, Planning and Building Jim Newton, Engineering Luis Pelayo, Engineering Sandra Hernandez, Engineering Tom Adler, Engineering Khosro Aminpour, Engineering David Kaplan, Engineering Richard Preuss, Police Department Sam Escalante, Fire Department Dan Wery, Project Planner, RBF ApplicantlProperty Owner: IRE Development Agent: Michael A. V ogt, President 2. Documents City of Chula Vista General Plan, (December 2005) 18 Title 19, Chula Vista Municipal Code Air Quality Impact Analysis, Jones & Stokes, July 2007 Visual Analysis Report for Eastlake Corporate Center, Jones & Stokes, July 2007 Sewer Capacity Study, Eastlake Corporate Center, K&S Engineering, August 2007 Sewer Capacity Study, Eastlake Design District, K&S Engineering, August 2007 Water Quality Technical Report, Eastlake Corporate Center, K&S Engineering, August 2007 Drainage Report, Eastlake Corporate Center, K&S Engineering, August 2007 Geotechnical Soils Rpt, Vol. I & II, Eastlake Corporate Center, Geotechnics Inc., August 2007 Noise Analysis, Eastlake Corporate Center, Jones & Stokes, August 2007 Noise Analysis, Eastlake Design Center, Jones & Stokes, August 2007 Parking Study, Eastlake Corporate Center, LLG, August 2007 Parking Study, Eastlake Design District, LLG, August 2007 Traffic Impact Analysis, Eastlake Corporate Center, LLG, August 2007 Traffic Impact Analysis, Eastlake Design Center, LLG, August 2007 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 roject isavailable from the Chula Vista Planning and Building Department, 276 Fourth Avenue, hula Vist~ 1910. Date: NoJev...\.~ O\~ we} J :\Planning\BenG\EastlakeBusinessCenter _ MND .doc 19 .,. ENVIRONMENTAL CHECKLIST FORM ~!~ -..- - ~ my OF CHUIA VISfA 1. Name of Proponent: 2. Lead Agency Name and Address: ~. Addresses and Phone Number of Proponent: 4. Name of Proposal: 5. Date of Checklist: 6. Case No. ENVIRONMENTAL ANALYSIS QUESTIONS: Issues: I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, ~ess, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create new source of subStalltiallight or glare, which would adversely affect day/night views in the area? 1 Michael A. Vogt City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91911 Eastlake Corporate Center LLC 821 Kuhn Drive, Suite 100 Chula Vista, CA 91914 (619) 591-2424 Eastlake Business Center October 11,2007 IS-07-015 Potentially Significant Impact Less Than Significant With Mitigation Incorporated o o o o o . o o , ". '.~ Less Than Significant Impact . o o . No Impact o . o o ? Issues: Poten tialIy Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a) The project sites are located in a developed area containing a mix of commercial, residential and industrial uses. Immediately surrounding the project site are office buildings, industrial buildings, retail, residential, and roadways. The projects will alter existing views, however there are no designated scenic ':'istas on or near the project sites. Therefore, no impact to a scenic vista would occur as a result of this project. b) The site was previously graded as part of a mass grading effort for the entire Business Center II. There are no scenic resources such as trees, rock outcroppings, or designated historic buildings on the project site or within the immediate -project area. The Corporate Center (Area C) project is located along Otay Lakes Road, which is designated as a Scenic Roadway by the City of Chula Vista. Scenic Roadways in the City of Chula Vista have unique roadway characteristics, such as enhanced landscaping adjoining natural slopes and special design features that make traveling a pleasant visual experience. The proposed project will not impact the existing slope p'lanting or improvements along Otay Lakes Road and therefore no impacts to the Scenic Roadway will occur. There are no State scenic highways in the project vicinity. Therefore, there are no impacts related to this issue, and no mitigation is required. c) The proposed project would improve the existing visual character and quality of the sites, which are currently vacant. The Corporate Center (Area C) is envisioned as a well-designed and attractive urban development, consisting of a hotel and office building. The Design Center will be required to have further environmental review under CEQA when site- specific development is proposed. The Design Center (Area 'B) project will not degrade the existing visual character or"'-quaIity of the site and its surroundings. Although the project will change the visual character of the site, it would not be considered degrading given the use of the existing site. Mitigation measures include the review of the projects by the City of Chula Vista's Design Review Board, observation of the special design objectives of the Design Guidelines for Eastlake Business Center II Supplemental SPA and the City of Chula Vista Design Manual. Less than significant impacts to the visual character or quality of the site and surroundings would result from the implementation of this project with the mitigation measures. d.) Proper architectural design would ensure compliance with Section 19.66.100 of the Chula Vista Municipal Code. Exterior lighting would not be directed upward and would be designed and installed with appropriate shielding if necessary, to ensure that light does not spill horizontally beyond the limits of the development area onto adjacent roadways, and surrounding residential uses. Miti2"ation: Mitigation Required. See Section F of the MND. ll. AGRICULTURAL RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the Califomia Resources Agency, to non-agricultural use? o o o . b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? o o o . 2 -. Issues: c) Involve other changes in the existing environment, which, due to their location or nature; could result in conversion of Farmland, to non-agricultural use? Comments: Potentially Significant Impact o Less Than Significant With Mitigation Incorporated o Less Than Significant , Impact o No Impact . a-c) The project site is presently located in a fully urban setting. The graded project site is neither in current -agricultural production nor adjacent to property in agricultural production and contains no agricultural resources or designated farmland are~s. Miti2:ation: No mitigation measures are required. ID. AIR QUALITY. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result ill a cumulatively considerable net increase of any criteria pollutant for which the project regIOn IS non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? 3 o o o o o o o o . " . . . o o o o e) Create objectionable odors affecting a substantial number of people? Less Than Potentially Significant Less Than With Significant Mitigation Significant No Impact Impact Incorporated Impact D. 0 0 . Issues: Comments: a-e) See Mitigated Negative Declaration, Section E. Miti1!ation: Mitigation measures are required. See MND, Section F. IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or D 0 0 . through habitat modifications, . on any speCIes identified as a candidate, sensitive, or special status species ill local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish' and Wildlife Service? " .. '.-!- b) Have a substantial adverse effect on any riparian D 0 0 . habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other"means? D o o . d) Interfere substantially with the movement of any native resident or migratory :fish or wildlife species or with established native resident or migratory wildlife corrid<?rs, or impede the use Qf native wildlife nursery sites? D o o . e) Conflict with any local policies or ordinances protecting D o o . 4 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact 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? o o o . Comments: a) The project site is located in a fully urbanized developed area. Based upon a site visit conducted on July 20, 2007 by City staff no candidate, sensitive, or special status species are present within or immediately adjacent to the proposed development area A. b) Based upon the Chula Vista MSCP Subarea Plan, no riparian habitat or other sensitive natural communities are present within or immediately adjacent to the proposed project site. Project sites B & C have been mass graded and site B is fully developed with wholesale/commercial businesses.' .'.., c) No wetlands are present within or immediately adjacent to the proposed development area. d) Based upon the Chula Vista MSCP Subarea Plan no native resident or migratory wildlife corridors or native wildlife nursery sites exist within or immediately adjacent to the proposed development area. e) No impacts to any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance would result rrom the proposed project development. f) No impacts to local, regional or state habitat conservation plans would result since the project site is a designated development area pursuant to the adopted ChUla Vista MSCP Subarea Plan. :Miti2:ation: Mitigation measures are not required. V. CULTURAL RESOURCES. Would the' project: a) Cause a substantial adverse change in the significance of a historical resource as defined in State CEQA Guidelines ~ 15064.5? o o . o b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to State CEQA o o o . 5 Issues: Guidelines 9 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those. interred outside of formal cemeteries. Comments: Potentially Significant Impact o o Less Than Significant With Mitigation Incorporated . o Less Than Significant Impact No Impact o o o . a) There are no buildings of historic value proposed for removal project sites B & C are presently vacant of all structures. b) Project site A is fully developed and proj ect sites B & C have been mass graded. Based on this grading no cultural resources were identified within the project area, and no preViously recorded sites are located within the project boundaries. Therefore, no cultural resources will be impacted by the proposed construction, and no further archaeological investigations are recoII1Iliended for this project. c) The project area and surrounding area is considered to be paleontological sen~itive pursuant to the San Diego Natural History Museum records. :Mitigation: Mitigation is required. See Section F of the :MND. 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? 11. Strong seismic ground shaking? 111. . . Seismic-related ground failure, including liquefaction? 6 o o o o o o o . o . o . Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact IV. Landslides? o o o . b) Result in substantial soil erOSIOn or the loss of topsoil? o . o o 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? o o o . d) Be located on expansive soil, creating substantial risks to life or property? o o . o 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? o o o . . . ".. Comments: a-e) Project site "C", where development is proposed has been previously mass graded. There are no known or suspected seismic hazards associated with the project site. The project site lies about four miles west qf the La Nacion FaultZone (an inactive fault zone). The closest recently active fault is the Rose Canyon Fault, located about 14 miles west of the site. The site is not located within an Alquist-Priolo Special Studies Zone. Therefore, project compliance with applicable Uniform Building Code standards would adequately address any building safety/seismic concerns. Geotechnics INC. prepared a Geotechnical/Soils report on August 2007. The report, approved by the City Engineering Department, "states that no adverse geotechnical conditions were encountered which would prohibit the proposed development of project site C. The preparation and submittal of a final soils report will be required prior to the issuance of a grading permit as a standard engineering requirement. In order to prevent silt discharge during construction, the developer will required to comply with best management practices in accordance with the NPDES General Construction Permit. The appropriate standard erosion control measures would be identified in conjunction with preparation of final grading plans and would be monitored and implemented during construction by the Engineering Division. Therefore, the potential for the discharge of silt into city drainage systems would be less than significant. Mitigation: Mitigation measures are required. See Section F of the MND. 7 "- Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact VIT. HAZARDS AND HAZARDOUS MATERIALS. Would the project a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? o o o . b) Create a significant hazard to the public or the 0 0 0 . environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or 0 0 0 . acutely hazardous materials, substances, or waste within one-quarter n;rile of an existing or proposed school? .'.... d) Be located on a site which is included on a list of 0 0 0 . hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan 0 0 0 . 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 proje~t area? f) For a project within the vicinity of a private airstrip, 0 0 0 . would the project result in a safety hazard for people residing or working in the project area? g) Imp.air implementation of or physically interfere 0 0 0 . with an adopted emergency response plan or emergency evacuation plan? 8 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbaniz~d areas or where residences are intermixed with wildlands? o o o . Comments: a=d) Project Site A is a fully developed wholesale business center. Project Site C has been mass graded and the project proposal does not involve the handling or emissions of hazardous materials. e-f) The project is not located within an airport land use plan or within two miles of an airport. g). The project as proposed and based on its location would not interfere with an adopted emergency response plan. No impacts are noted. h) The project site is not adjacent to a wildlands area. No impacts related to significant risk of loss, injury or death involving wildland fIres are noted. Miti2:ation: Mitigation measures are not required. , ".'-! VITI. HYDROLOGY AND WATER QUALITY. Would the project: Result in an increase in pollutant discharges to receiving 0 . 0 0 waters (including impaired water bodies pursuant to the Clean Water Act Section 303(d) list), result in significant alteration of receiving water quality during or following construction, or violate any water quality standards or waste discharge requirements? a) Substantially deplete groundwater supplies or interfere 0 0 0 . substantially with groundwater recharge such that there would be a net deficit in aquifer' 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? b) Substantially alter the existing drainage pattern of the 0 0 . 0 site or area, including through the alteration of the course of a stream or river, in a manner, which would 9 ... Less Than Potentially Significant Less Than With Issues: Significant Mitigation Significant No Impact Impact Incorporated Impact result in substantial erosion or siltation on- or off-site? c) Substantially alter the existing drainage pattern of the D D . D 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 lOO-year flood hazard area which would impede or redirect flood flows? d) Expose people or structures to a significant risk ofloss, D D D . injury or death involving flooding, including flooding as a result of the failure of a levee or dam? e) Create or contribute runoff water, which would exceed D . D D the capacity of exi~ting or planned stormwater drainage systems or provide substantial additional ., "': ';~ sources of polluted runoff? Comments: a) The proposed grading and development of vacant site C would result in changes in absorption rates, drainage patterns, and the rate and amount of surface runoff. There is a potential for an increase in pollutant discharges. However, standard BMP requirements will reduce any potential impacts to water bodies to less than significant. b) The project would not result in a substantial depletion of groundwater supplies or interfere substantially with groundwater recharge. c) The proposed grading and development of vacant site C would result in changes ill absorption rates, drainage patterns, and the rate and amount of surface runoff but would n9t result in adverse impacts to streams or rivers that would result in substantial erosion or siltation. d) The proposed grading and development of vacant site C would result in changes in absorption rates, drainage patterns, and the rate and amount of surface runoff but would not result in adverse impacts to streams or rivers that would result in substantial flooding or place structures in a flood zone. e) The proposal would not expose people or structures to significant risk of loss or injury or death involving flooding. f) The proposed grading and development of vacant site C would result in changes in absorption rates, drainage patterns, and the rate and amount of surface runoff but would not exceed the capacity of existing stonnwater drainage facilities. Mitigation: Mitigation measures are required. See Section F of the Mitigated Negative Declaration. 10 Less Than Potentially Significant Less Than With Issues: Significant Mitigation Significant No Impact Impact Incorporated Impact IX. LAND USE AND PLANNING. Would the proj ect: a) Physically divide an established community? 0 0 0 . b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? o o . o c) Conflict with any applicable habitat conseryation plan or natural community conservation plan? o o :'.... o . Comments: a. The project site is within an established industrial/residential community. The proposal would not result in a community being physically divided. b. The General Plan designates the project sites A, B & C as Business Center Manufacturing Park District. The project proposes a General Plan amendment from Limited Industrial to Commercial Retail for Area A only. Development on Area C will be subject t? approval of a Conditional Use Permit (CUP) and design review. c. The project would not conflict with the adopted City of Chula Vista MSCP Subarea Plan. Miti2ation: No mitigation measures are required. X. MIN.ERAL RESOURCES. 'Would the project: a) Result in the loss of availability of a known mineral o o o . 11 Issues: resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally impo:rta.D.t mineral resource recovery site delineated on a local general plan, specific plan or other lan~ use plan? Comments: Potentially Significant Impact o Less Than Significant With Mitigation Incorporated o Less Than Significant Impact o No Impact . a-b) The proposal would not result in any loss of any known mineral on-site. Pursuant to the Enviromnental 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. Mitieation: No mitigation measures are required. --- -- - "-.-.-------------....-.-.. XI. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in ex<;;ess 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 pennanent 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? 12 o o o o o . . o . o ., ~ '.~ o o . o o o o o o . -' Issues: 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? Comments: a-d) See Mitigated Negative Declaration, Section E. Potentially Significant Impact . o Less Than Significant With Mitigation Incorporated o Less Than Significant Impact o No Impact . e) The project is not located within an airport land use plan. nor within two miles of a public airport or public use airport; therefore, the project would not expose people residing or working in the project area to excessive noise levels. f) The project is not located within the vicinity of a private airs1rip; therefore, the project development would not expose people working in the project area to excessive noise levels. Mitigation: Mitigation measures are required. See Mitigated Negative Declaration, Section F:' ,.~ XU. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of road or other infi:astructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacemep.t housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? 13 o o o o o o o o o . . . Issues: Comments: Potentially Signifi.cant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a-<:) The proposal would not induce population growth or displace housing stock or people. Miti2ation: No mitigation measures are required. XIIT. 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? Police protection? Schools? . Parks? Other public facilities? 14 o o o o o 0 :'.... . 0 0 . 0 0 0 . 0 0 . 0 0 . ,- Issues: Potentially Signifi~ant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a) According to the Fire Department, the proposal would not have a significant effect upon or result in a need for new or altered fire protection services. The CVFD currently meets the City's threshold standard in the vicinity of the project A fire station (#8) is located less than a mile from the project area. The payment or credit of fees will adequately mitigate potential cost impacts associated with the project. b) According to the Police Department, the proposal would not have a significant effect upon or result in a need for - .substantial new or altered police protection services. The CVPD currently meets the City's threshold criteria for Priority I Calls for Service (CFS). The payment of fees will adequately mitigate potential cost impacts associated with the project. - c) The proposed project is not residential in nature and as such would not induce population growth. d) Because the proposed project would not induce population growth, it would not create a demand for neighborhood or regional parks or facilities or impact existing park facilities. e) The proposed project would not have a significant effect upon or result in -a need for new or expanded governmental services and could continue to be served by existing public infrastructure. Miti2:ation: 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 . 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? o o o . 15 Issues: Comments: Potentially Signifi,cant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a) Because the proposed project would not induce population growth, it would not create a demand for neighborhood or regional parks or facilities nor impact existing neighborhood parks or recreational facilities. b) The project does not include or require the construction or expansion of recreational facilities. Miti!!ation: No mitigation measures are required. XV. TRANSPORTATION / TRAFFIC. Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing ti:affic 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 ill location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)!? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? 16 o o o o o o . . o o o o o :"1,-, o o o o . o o . . . o Issu es: g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Comments: See Mitigated Negative Declaration, Section E. Potentially Significant Impact o Miti2:ation: Mitigation measures are required. See Section F of the MND. XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project ITom existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to. the provider's existing commitments? 17 o o o o o Less Than Significant With Mitigation Incorporated o o o D o o Less Than Significant Impact o o , ".'.,l . . o . No Impact . . o o . o Issues: Potentially Significant Impact . Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? o o . o gl Comply with federal, state, and local statutes and regulations related to solid waste? o o . o Comments: a) The project is located within an urban setting presently served by all utilities and service systems and would not exceed the wastewater treatment requirements of the RWQCB. Therefore, no adverse impacts to wastewater treatment facilities would occur as a result of the proposed project for Area C. b) The proposal would not require new construction nor expansion of existing wastewater treatment facilities. Development of the project will not impact existing water or wastewater treatment facilities. c) No construction of new storm water drainage facilities or expansion of existing facilities would be necessary as a result of the proposed project. The project is required to implement Best Management Practices to prevent pollution of storm drainage systems and comply with the City Storm Water Management Requirements therefore; environmental impacts would be less than significant. d) The project site is within the Otay Water District service territory. The Water District has provided a letter stating that they have the capacity to serve the proposed project. e) The City ofChula Vista has sufficient wastewater capacity to serve this project. No impacts are noted. f) The project will be served by a local landfill that has adequate capacity. g) The proposed project will comply with all state and local solid waste requirements. No impacts are noted. Mitigation: No mitigation measures are required. XVll. THRESHOLDS Will the proposal adversely impact the City's Threshold Standards? A. Library o o o . The City shall construct 60,000 gross square feet (GSF) , of additional library space, over the June 30, 2000 GSF total, in the area east of Interstate 805 by buildout. The construction of said facilities shall be phased such that the City will not fall below. the city-wide ratio of 500 GSF per 1,000 population. Library facilities are to be adequately equipped and staffed. 18 " Issues: B) Police a) Emergency Response: Properly equipped and staffed police units shall respond to 81 percent of "Priority One" emergency calls within seven (7) minutes and maintain an average response time to all ''Priority One" emergency calls of 5.5 minutes or less. b)_ Respond to 57 percent of ''Priority Two" urgent calls within seven (7) 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 equippeq and staffed fire and medical units shall respond to calls throughout the City within 7 minutes in 80% of the cases (measured annually). D) Traffic The Threshold Standards require that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur during the peak two hours of the day at signalized intersections. Signalized intersections west of I-80S are not to operate at a LOS below their 1991 LOS. No intersection may reach LOS "E" or "F" during the average weekday peak hour. Intersections of arterial~ with fi-eeway ramps are exempted n-om this Standard. Potentially Significant Impact o o o Less Than Significant With Mitigation Incorporated o o . Less Than Significant Impact No Impact . o . o o o , ~ '..1 E) Parks and Recreation Areas 0 0 0 . The Threshold Standard for Parks and Recreation is 3 acres of neighborhood and community parkland with appropriate facilitiesfl,OOO population east ofI-80S. F) Drainage 0 . 0 0 The Threshold Standards require that storm water flows and volumes not exceed City Engineering Standards. Individual. projects will provide necessary improvements consistent with the Drainage Master Plan( s) and City Engineering Standards. 19 Issues: G) Sewer The Threshold Standards require that sewage flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Planes) and City Engineering Standards. H) Water The Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and that water quality standards are not jeopardized during growth and construction. Applicants may also be required to participate in whatever water conservation or fee off-set program the City of Chula Vista has in effect at the time of building pennit issuance. 20 Potentially Significant Impact o o Less Than Significant With . Mitigation Incorporated o o Less Than Significant Impact . o ., :""-' No Impact o . Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a) The project would not induce population growth; therefore, no impacts to library facilities would result. No adverse ~pactto the City's Library Threshold standards would occur as a result of the proposed project. b) No adverse impact to the City's Police threshold standards would occur as a result of the proposed project. Police Department states that they can continue to provide service at current levels c 2 According to the Fire Deparfrnent, adequate :fire protection and emergency medical services can continue to be provided to the site. Although the Fire Department has indicated they will provide service to the project, the project will contribute to the incremental increase in fire service demand throughout the City. This increased demand on fire services will not result in a significant cumulative impact. No adverse impact to the City's Fire threshold standards would occur as a result of the proposed project. ' d) The surrounding street segments and intersections continue to operate in compliance with the City's Traffic Threshold Standards at acceptable LOS levels with the exception of the intersections of Otay Lakes Road/V ons Driveway and Showroom Place/Fenton Street, which operate at an LOS "F'~.oduring PM peak hours with or without the project. The intersection impacts to Otay Lakes RoadNonsDriveway are considered to be cumulative. The traffic impacts to Showroom Place/Fention Street are considered to be direct. In order to reduce the cumulative and dire~t impacts, mitigation is required. See Mitigated Negative DeClaration, Section F. " ";'~ e) The project does not propose residential development; therefore, this Threshold Standard is not applicable. f) The applicant proposes new drainage facilities on the project site in order to properly convey stormwater rrom the developed site to existing city drainage facilities. No adverse impacts to the City's storm drainage system or City's Drainage Threshold standards will occur as result of the proposed project. g) Based on the Sewer study prepared by K&S Engineering on August 2007, the Engineering Division has determined that the existing sewer facilities are adequate to serve proposed project development on Area C and existing and proposed development on Area A only. No new sewer facilities are anticipated to be required and no adverse impacts to the City's Sewer Threshold standards will occur as a result of the proposed project. h) Pursuant to correspondence received rrom the Otay Water District, the District has the terminal long-term water storage capacity to serve the proposed project. Otay Water District indicates that water service can be provided at the required pressures once the owner makes all necessary district deposits to cover engineering and inspection costs. The existing domestic water services and fire service that currently service the project site are adequate and will not need to be altered. Project impacts to the District's storage, treatment, and transmission facilities would be less than significant. Mitigation: Mitigation Required (Drainage) See Section E & F of the MND. 21 ~ Issues: xvrn. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal - community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects. of a project are considerable when viewed in connection -yvith the effects of past projects, the effects of other current project, and the effects of probable future projects.) c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Comments: Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact o o o . o o o . ~, '....' o o . o a) The project site presently consists principally of graded land and developed commercial land uses. The project site is located within an established urbanized community. The site lies within the designated development area of the adopted Chula Vista MSCP Subarea Plan. There are no sensitive plant or animal specie~ or cultural resources on the site. b) As described in the Mitigated Negative Declaration, significant direct and cumulative project impacts would be mitigated to below a level of significance through the required mitigation measures c) The project does not propose or have environmental effects, which will forseeably cause substantial adverse effects on human beings, either directly or indirectly. 22 ~ XIX. PROJECT REVISIONS OR MITIGATION MEASURES: Project mitigation measures are contained in Section F, Mitigation Necessary to Avoid Significant Impacts, and Table 1, Mitigation Monitoring and Reporting Program, of Mitigated Negative Declaration IS-07 -015. XX. AGREEMENT TO IMPLEMENT MITIGATION MEASURES By signing the line(s) provided below, the Applicant and Qperator stipulate that they have each read, understood and have their respective company's authority to and do agree to the mitigation measures c_ontained herein, and will implement same to the satisfaction ofthe Environmental Review Coordinator. Failure to sign the line(s) provided below prior to posting of this Mitigated Negative Declaration with the County Clerk shall indicate the Applicant's and Operator's desire that the Project be held in abeyance without approval and that the Applicant and Operator shall apply for an Environmental Impact , Report. . Eastlake Corporate Center, LLC, a California limited liability company By: IRE Enterprises, Inc., a California Corporation, managing member ~ "...! /O~I/-{}7 Date 23 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 hnpact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the previous pages. . Land Use and Planning o Population and Housing o Geophysical o Agricultural Resources _. Hydrology/Water . Transportationlfraffic o Biological Resourc'es o Energy and Mineral Resources o Public Services o Utilities and Service Systems . Aesthetics o Hazards and Hazardous Materials o Cultural Resources . Air Quality . Paleontological Resources . Noise o Recreation o Mandatory Findings of Significance xxn. DETERMINATION: On the basis of this initial evaluation: I find that the propo~ed project could not have a significant effect on the environment, and a Negative Declaration will be prepared. :'.., I fmd that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made or agreed to by the project proponent. A Mitigated Negative Declaration will be prepared. I fmd that the proposed project may have a significant effect on the environment, and an Environmentallrripact Report is required. I find that the proposed project may have a "potentially significant impacf' or "potentially significant unless Initigated" impact on the environment, but at least one effect: I) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by Initigation measures based on the earlier analysis as described on attached sheets. An Environmental Impact Report is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or Negative Declaration pursuant to applicable standards and (b) have been avoided or Initigated pursuant to that earlier EIR or Negative Declaration, including revisions or Initigation measures that are imposed upon the proposed project, nothing further is required. ~,~~,~,~ ~a . Guerrero - Senior Planner City ofChula Vista ~lN' ,30) (OIJ7 ate 24 o . o o o APPENDIX '~A" Photo simulation for Design District Area B , ..~' / Existing Condition IRE DEVELOPMENT Eastlake Design District Chula Vista, California Conceptual Development ----r fOCUS3GO . " ~ , , . . . ~ . . I r.......... 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ATTACHMENT "A" MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) Eastlake Business Center Development Pro;ect - 18-07-015 This Mitigation Monitoring and Reporting Program has been prepared by the City of Chula Vista in conjunction with the proposed Eastlake Business Center Development project. The proposed project has been evaluated in an Initial Study/Mitigated Negative Declaration prepared in accordance with the California Environmental Quality Act (CEQA) and City/State CEQA Guidelines (IS-07-015). The legislation requires public agencies to ensure that adequate mitigation measures are implemented and monitored for Mitigated Negative Declarations. AB 3180 requires monitoring of potentially significant and/or significant environmental impacts. The Mitigation Monitoring and Reporting Program for this project ensures adequate implementation of mitigation for the following potential impacts(s): 1. Aesthetics 2. Air Quality 3. Paleontological 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. The applicant shall provide evidence in written form confirming compliance with the mitigation measures specified in Mitigated Negative Declaration IS-07-015 to the Environmental Review Coordinator and City Engineer. The Environmental Review Coordinator and City Engineer will thus provide the ultimate verification that the mitigation measures have been accomplished. Table 1, Mitigation Monitoring and Reporting Program Checklist, lists the mitigation measures contained in Section F, Mitigation Necessary to Avoid Significant Effects, of Mitigated Negative Declaration IS-07-015, which will be implemented as part of the project. In order to determine if the applicant has implemented the measure, the method and timing of verification are identified, along with the City department or agency responsible for monitoring/verifying that the applicant has completed each mitigation measure. 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"'II N ~ N -N::2;:g: u:;g..<I)"'I.... c c: r--..... ..',\.~~. ;, ' " -=". ~~~ \t, " . ,\ , r- .......'.,t ............' ~. ;;0 ~~ ~. () ~'() o J:i ~ .. CD t~r- ~ '! CD .3 a. , .....co. i~ 0-1 0 ~~[~j , I, ~ <./1 ...:;:J c CD < CD OG) -a CD m -C 3 ::s ~. -CDCD~ S>> .., ::J :::J Q) cc ::s...- , 'ATTACHMENT 4, FIGURE 2A >~~i ~ ~ -a'Vo35~n;d~~~' 'tS .. ~ i- 'f " III . (LEL..ED~ ~ CO. -41.3:"01.0::0""'::0 ::o;l;f3:9i~ ;~;~i;H ;~Hi i~lih~ Q. ~4 ::OO~ ~~>~Oi;;2.'!"~ ~... n ~ ~ ;. "i"': It ~ i 0 I ~ i: ~ :: ! ~ 2: o ~~ ~ ~;.. f ;:, 9 + . - ... :I: 3 "'1~.. ." "~ ~ t - Q. - 3ln~~ i: !. 5- - . i: ~ : ~ ~ ,. .. g1;. -~.~n :i -~ .... n - ~ ~ii l - ~ S;~! ~ ~ I~ ~ ~ ~ ~ fJ ~ ~ ~ \~ ~ ~ E ~ i' Jl ~c..<ON-"'!O~~ m !it... ~:" ...~~~~'" lit :'!{ ;.. c.. 0 CD c.. io · CD 0 ~-rai~ 1 III ~2a ::! ~I"'!::! ~!::! ... ~rni ~ ~~~;~~ o ,-- 3 ;i 'a . 111- ~- ~.-..-:,.. / .^ ..\:- i .0;\ I '.... ''''r,;. , .'~ '.~~'" \. \ ", ' . .. ~rf) ::u r ~. CD ,-. < =r- (jj' 19 ~ $Co ...... Q). i::2 o - 0 ~ ~ "'-'g5 o Oi I -...j (J1~ I \ II ~ ~lb ~ o c: '" III .--. ......: ; : .l ..." .' ~. ,.</00 'I ..,.;~o . . I 2 I i , . -'" .~ ;;::." ......---:.- .'}' <'"-1' I ;.....- , 0 ,. a : Ul "r'S"'L~ .. ft.. '" .. T....!i"I:. j; :: .'..(.. ~ . . ., --;;,- '-'-'''. , ~ I' s .'..,,, n ~ i ~"" .I . .'- - ""'" :\ Z>. .....' .. .. ..I~.' \,...' --. ./ a ' o " / .. . ..' ...',/ o c: r- ..-.-.. 't-.\~:~ --'...-' ;; ::u c CD < CD - oQ-o -C CD ::0 -a3:;'~ -(t) CD 0 D)~D1~ :;, .. _ CJ A~TACHMENT 4, FIGURE 2B I Existing I Site Utilization Plan Business Cenrer 1/ Supplemental SPA R:;lIing Hi!ls Ranc.i \ \ ---l --~~~- -~._~. l ~_"Rd.:~~ E-12 1\ \,<~ [\ 1 t'" ~ \-, \ \ ~\\ Ii '\\ \ \\ \ 1\ \ \ \\ --1 F.!'Itol\ St." I , '} \,\\ =--\ I ~ \\ f.::.:::~, \'\~.> E-11 CI'.) / '-\\\ 0!r.rer I SPA \ . ,_: --' ~_ l....:..'--I F''Jture :::a.;rLake 11/ srA " J ~~~~- --~~. I i ~-~~ Exi!:ting Ea:;tLake Grc!!ns SPA ...."0 I I . '-.... / I '-., ..... 1/ g.;'...'N. / / .,,-.( ", /' ~+$ ""-. / ..~,.,.) / 0:/ ....... ''-. Land Use Gross Parcsl No. ~Employment Park ~Employment Park Sub-total ~Otay lakes Road ~Fenton Street Total Acres !Estimated Net Acres" 25,3 75.4 100.7 3.3 4.1 108.1 19.8 58,2 78.0 . :sum.UICI ,..: Aae& ~ GJ"O.$$ Ac,"!),; I~ an c:::tP~71o.'1~a :!!'~'" fer 5:'maP.: l SIO;:'M. r,"~' Gmss and Net Ac,~3 ...", bfJ i1ot~rmi~CC1 at ~/Ja ~ ma:igrat1lng ;omul ~IIC!. :"~"::I .. 'f............... --~_.,..~......-, "....,,......_,...11 t .''\) ,;,'" ().i~\.~~~\ .;r7)~"":} :" .. ." '-="x' .,J ,\~,\~ .", . . \i'~'''':) .; J:::!.~~~../ ~\ ' ._.,. ":f --~t,;:..j'1 ....},j1..;..,.:;o .~,' ~T\J ,"\., .,;', (-"'''''''':;. ;:..... "\ I "",.on.. I'L .. .1\ ') ~ . t" ...._.....-. ' ~ fi"/;,\, ,,~, :\:" - _~.., .:"~~ ""., /;;:;r'" ,--' ". ... ~(;\:...\ '....:...:::'"',;. ,: "" .., "-' \ -:; SPA Key Map ~t' [1]- . " : CaIC.<tpluall"ttlIlJio! Cir:.:vl.;li0l1 nu! ill Ci'Clhrioll ~'a:i<iur.;s, , : []].:.;e.; Ope" Space rsJu~",,,J itr;lud~d in E/nrJtJlltlfH11 Plj/X s:a:istir:~. . ..~itt. . .- '.~~:-t'; ~ fASTLAKE A pl.::mn.ed communit)' by The E3stLake C(}mpan:, C::lr Land PlCnr.Jr.g --..,..~= n-' r~" "L\...,~ . ~-8-99 Exhibit 5 II-!6-~9 1-12 ATTACHMENT 4, FIGURE 3A PROPOSED Site Utilization Plan Business Center II Supplemental SPA ---j ,\ \\ j\ \\ \\ , I ; I I 1 1 ,Ii ," ; Parcel No. Land Use Gross Acres IEstimated . Net Acres' ,. . 1 I E-11 IEmployment Par~ :5.3 19.0 I~ _ _~'!.2.. _ kTJP!2Y.n::."!'t.P~~- _ _ _ _ _;a.-z; _ _ _ _ J1.'i - - - - IAddition ofvc-sl II VCS IViUloe Centllr EmpiOV"""t 18.7 16.7 ~ · ~us.tQia:r . - . - . - . . - - - - - - . - . 100.1 - - - - 78:0- ... - - I Ci,. ,,'Olav La~es Roac 3.3 . . F ",nton Street 4.1 1 Total i0B.i ~'~tt~1 \\.- SPA Key Map \I . f.sr"Ml~.~ ~O't'S .. Crt),lS .I..cra-' kt.n lJr: V,ltnJ""" ~ tot Sln.ts .. ~s. ;::..,,(1111 :Glen. rmd hrl Ac:rf': WfI-tMt ~~a., r.-.. ~~ ~ tIoIImM 10-' J '1 o Concepfusl int~m.1 Cu::-.Aa""" not ,n C1t:....'IOn ,,~'''''= n C~fJ S;Isc. 1S.~...!C ,~va~ If: c.~,...t;;r.ner:: ?~ .Q:.a/:slia. n ~ EASTLAKE A pwnnrd commuai.}' by The Ea.tLake Cumpanr . ' ,lC:1d PIOM\,"'IQ =---,::: rr.... , ..:--:"", :~L.. ~ 'O-Q.~ ~ Exhibit 5 ~ I Revised 10123J07 I I-I: ~ q 1-10 J ATTACHMENT 4, FIGURE 3B r~ \ I ~ \1'- ~ \ RSoO . dJ: ""V' :--.;:, ~~ ".....#'/ ii ~ OI-~ "'~. RC-22 I PROPOSED Land Use Districts Repeal of Design District Overlay; Change from BC-1 to BC-4 RESIDENTIAL RE-3 Residential Estates RS-5 Residential SIngle Family RS-7 Residential Single Family RP-I ResidentIal Planned Concept RP.st. Re$idendal Small Lot Rc-10 Residential CondomInWm Rc-t3 ResIdentIal Planned Concept Re-15 Residential Condominium Rc.22 Residential CondominWm RM-2" Res/denllal Multi-Family RM-4C Residential UtJIti.FamiIy VILLAGE CENTER & COMMERCIAL Vc-1 IRage Center (Retail) VC.1a IlIage Center {Retai1J VC-Z IlIage Center (Prol AdminJUd. Retail) Vc-3 Village Center (Retail) Vc-4 Vi1Iage Center (Retail) VC-S ~ -c;,;u; (R~m;~...-: ......................~ FC Freeway Commercial PA Professional & Administrative BUSINESS CENTER BC-1 Business Center (Manufacturing Park District' BC-% BuSne5S Center (Uanufllcturing SetVice Dls~ aC-3 Business Center (C019 District) BC4 .. S.;,in'"e;a-c;,rt; (co;.; D;;Ma;: .---......----..... ~E4STLAKE II A planned eommunlty by The EastLake Co. ReviHd 1t%5I07 ,:,'~Iond~ F:':;"~ .J 8123105 I Revised 10/23/07 I ATTACHMENT 4, FIGURE 4B - I Existi ng I Land Use Districts ~1' IJ'I\) RESIDENTIAL RE-3 Residential Estates RS-S Residential Single Family RS-7 Residential Single Family RP-S Residential Planned Concept RP.SL Residential Small Lot RC.10 Residential Condominium RC.13 Residential Planned Concept RC.15 Residential Condominium RC-22 Residential Condominium RM-24 Residential Multi-Family RM-44 Residential Multi-Family VILLAGE CENTER & COMMERCIAL VC-1 Village Center (Retail) VC-1 a Village Center (Retail) VC-2 Village Center (Prof. Admin./Ltd. Retail) VC-3 Village Center (Retail) FC Freeway Commercial PA Professional & Administrative BUSINESS CENTER BC.1 Business Center (Manufacturing Park District) BC-2 Business Center (Manufacturing Service District) BC-3 Business Center (Core District) SPECIAL PURPOSE 05-1 Open Space 08-2 Open Space 08-3 Open Space 08-4 Open Space OS-S Open Space OS-6 Open Space OS-7 Open Space FU Puture Urban District PQ Public/Quasi-public District CPF Community Purpose District (GH) Guest House Land Use District Overlay. (Refer to Section 11.30 in PC Dis!. Regs. ~EASTLAKE II A planned community by The EastLake Co. (~'r,tllond P'onnlng -.............--- rn r-::-l""l ~ .A 8/23105 ATTACHMENT 4, FIGURE 4A m >< fA tt ::I .a ni' o ::I a. ~ o ::I ATTACHMENT 4, FIGURE 5 ATTACHMENT 4, FIGURE 6 ATTACHMENT 5 PARKING STUDY FOR EASTLAKE CORPORATE CENTER TABLE 4 DATED SEPT. 7, 2007 Mr. Alan Huffinan September 7, 2007 Page 9 TABLE 4 CITY OF SAN DIEGO RATES FOR THE HOTEL AND CONFERENCE SPACE ACCUMULATION BY HOUR Use Office H t I R * Conference Room Total SF o e ooms SF SF Size 120,000 156 8,837 Parking Rate 1 /300 SF of gross floor area 1 per room 10 / 1000 SF Required Spaces 400 156 88 652 Actual Spaces 433 163 596 Hour of Day 6:00 AM 12 156 0 168 7:00 AM 80 133 0 213 8:00 AM 252 101 44 398 9:00 AM 372 86 88 546 10:00 AM 400 70 88 559 11:00 AM 400 55 88 543 12:00 PM 360 47 88 495 1:00 PM 360 47 88 495 2:00 PM 388 55 88 531 3:00 PM 372 55 88 515 4:00 PM 308 70 88 467 5:00 PM 188 94 88 370 6:00 PM 92 109 88 290 7:00 PM 28 117 88 233 8:00 PM 28 140 88 257 9:00 PM 12 148 88 249 10:00 PM 12 156 44 212 11:00PM 0 156 0 156 12:00 AM 0 156 0 156 '~I{S5W~ ~ .__.J.1<~ ~ Footnote: * Based on City of San Diego rate for Conference/ meeting space ~:\1731\shJrC'd parking :malysis\p.Jrking letlCT.Joc ATTACHMENT 6 MASTER USE PERMIT PCC-05-070 RESOLUTION NO. PCC-05-070 A RESOLUTION OF THE PLA~'NING COMMISSION OF THE CITY OF CHULA VISTA APPROVING A MASTER USE PERMIT FOR A HOME IMPROVEMENT DESIGN DISTRICT LOCATED ON .36 ACRES WITHIN THE DESIGN DISTRICT OVERLAY OF THE BUSINESS CENTER OF THE EASTLAKE II PLANNED COML'VlUNITY. WHEREAS, the area ofland owned by EastLake Design District, LLC is the subject matter of this resolution, and is represented in Exhibit "A" attached hereto and incorporated herein by this reference; and for the purpose of general description is located at 851-891 Showroom Place ("Project Site")' and , , WHEREAS, on June 15,2005, a duly verified application for a Master Use Permit (pCC-05- 070) ("Project") was filed with the City of Chula Vista Planning Division by EastLake Design District, LLC ("Applicant"); and, WHEREAS, Applicant requests a master use permit to implement the provisions contained in Section IV, of the EastLake II PC District Regulations which regulate land uses within the 36 acre project site ("Design District Overlay"); and WHEREAS, the Envil'Onmental Review COOIdinator has reviewed the proposed Project for compliance with the California EnviIOnmental Quality Act and has determined that the Project was adequately covered in the previously approved Mitigated Negative Declaration for the EastLake II GeneIal Development Plan (GDP) and EastLake I Sectional Planning Area (SPA), arid thus, no ftuther enviIOnmental review is necessary; and, WHEREAS, a duly called and noticed public hearing was held at the time and place as advertised on August 24, 2005, at 6:00 pm in the City Council Chambers, 276 Fourth Avenue, before the Planning Commission of the City ofChula Vista to receive the recommendation of City staffand to hear' public testimony with regard to the Project, and said hearing was thereafter closed NOW, 1HEREFORE BE II RESOLVED that the Planning Commission does hereby fmd, determine and resolve as follows: 1. That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighbor'hood or the community. The proposed use within the EastLake Business Center will provide for the centralization of home improvement uses within an ar'ea of East lake which is easily accessible both to residents of Chula Vista as well as other communities within the San Diego region, The design center will provide a unique destination oriented opportunity for members of the public who ar'e interested in some aspect of home improvement. CUlrently, there ale no similaltypes of home improvement design centers within the San Diego region within the vicinity of residents of South Bay, 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 wol'ldng in the vicinity or injurious to property or improvements in the vicinity. The pI oposed use will not be detrimental to the health, safety or general weWu e to the general public, or be injUlious to pIOperty or improvements in the vicinity The project has been designed to complement other uses located within the EastLake Business Center., Buildings and signage have been odented to minimize impact to existing residences to the east and south (across Otay Lakes Road), 3, That the proposed use will comply with the regulations and conditions specified in the code for such use. Granting of this Master Use Pennit (MUP) is required in order to implement the provisions outlined in section IV of the EastLake Business Center II SPA PC District Regulations. As such, the uses and provisions covered under this MUP are in compliance with said SPA 4,. That the granting of this Conditional Use Permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. The granting of this conditional use permit will not adversely affect the Chula Vista General Plan in that the project is in compliance with the BC-I land use designation of both the EastLake II GDP as well as SPA, as further restricted by the specific uses outlined in the PC District Regulations regarding the Design District overlay, BE IT FUTHER RESOLVED THAT the Planning Commission of the City of Chula Vista hereby grants Conditional Use Permit PCC-05-070 subject to the following conditions, whereby the applicant andlproperty owner, plior to issuance of building permits shall: I. Prior to issuance of business licenses or building permits for tenant improvements, the proposed land uses within the Design District must be evaluated against the following criter'ia: 1. The requested location within the design distIict has received prior approval by the Design Review Committee,. 2. Land uses permitted within the Design DistIict shall be consistent with those listed in Section IV 3(e)(1,2) of the EastLake II Planned Community DistIict and shall conform to the requirements listed in Section IV2 and IV3 of said District Regulations as modified by these conditions of the MUP. 3 In addition to uses discussed in condition I 1 above, professional offices which offer services related to home improvement are pemutted by this Master Use Permit The space pagc::2 devoted to said offices shall not exceed 25% of the ground floor lease area within the overall center. 4 In accordance with Section IV 3(e)(4) of the EastLake II Planned Community District Regulations, eating and drinking establislunents within the entire Design Disuict shall compfy with the following: a. Freestanding establislunents shall only be located within suites 100-103 of Building C, as shown on attached Exhibit 1 . b" Non-fieestanding eating and drinking uses may be located within a primary tenant space wherein the floor area shall not exceed 20% of the total floor ar'ea devoted to showroom space Any exterior signage may only be odented towards the center parking ar'ea, c, An eating and dIinking establislunent offering the sale of alcoholic beverages must obtain an adminisuative use permit. d Request for additional fieestanding establishments beyond those listed in (a) above must comply with the following: 1. The Master Use Permit must be amended if the aggregate total square footage is less than 8,000 square feet, and the total number of such establishJ1:1ents less than seven 2.. In addition to a modification of the Master Use Permit, if the requested addition exceeds either 1) a maximum aggregate of 8,000 square feet or 2), the maximum of 6 freestanding food establishments a request for an amendment to Section IV..3(e)(4) of the PC District Regulations of the EastLake 11 SPA must be approved by the City Council 5 Other incidental and related uses to home improvement not previously included in the MUP as permitted or conditional uses, may be considered on a case by case basis if approved by the Zoning Administrator or Planning Commission per section 19,14 050 II. Ongoing Conditions: 1 Comply with all conditions set forth in PCC-05-070 2, Hours of operation shall be daily fi.om 9:00 am to 10:00 pm, unless otherwise approved by a separate specific use permit for an individual tenant. 3 Outdoor seating shall only be petmitted within the area designated on attached Exhibit I, herein, and shall have no more than five tables per eating and drinking establislunent 4. Parking shall be provided at a ratio of 1 :300 square feet of ground floor square footage This parking ratio takes into account all types and mixture of uses permitted within the PJge 3 Design District as outlined and restricted in Section IV 3 ofthe PC District Regulations and includes an allowance for an additional 25% of tenant square footage for mezzanines. 5 There shall be no permanent outdoor display areas. TempOlaIY outdoor sales and outside display of merchandise shall be permitted subject to the provisions ofCVMC 19 58370 as it relates to the provision for shopping centers, 6. Occupancies shall not store any products over twelve feet in height., High hazaId products shall not be stored over 6 feet in height. Any piles proposed higher than these provisions shall require previous review and approval by the City's Fire Marshall. Suites may be required to provide a technical opinion to ensure the buildings adequacy versus the use. 7 lhis MUP shall remain in effect until such ti"l1e as ail D~slgn District ;.:s~s, other tha."1 furniture sales, are no longer located within the buildings, 8, T his conditional use permit shall become void and ineffective if not utilized or extended within the time allotted in Section 19.14.260 ofthe Municipal Code. IV. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document signing on the lines provided below, said execution indicating that the property owneI and applicant have each read, undeIstood and agI'eed to the conditions contained herein, and will implement same Upon execution, this document shall be recorded with the County Recorder of the County of San Diego, at the sole expense ofthe pIOperty owner and/or applicant, and a signed, stamped copy retUIned to the City's Planning and Building DepaItment.. FailUIe to rehun the signed and stamped copy of this recorded document within 10 days of recordation shall indicate the property owner/applicant's desire that e project, and the conespondiIIg app'lication for building permi a ine.~s I' ense be held in abeyance without approval //~,.. ~ Date //-#--dS./ Date Y. CONSEQUENCE OF FAILURE OF CONDITIONS Ifany of the foregoing conditions fail to occur, or if they aI'e, 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 ' Page 4 violation,. Failure to satisfy the conditions of this permit may also result in the imposition of civil or criminal penalties. VI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the PI arming Commission that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a Court of competentjwisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 24th day of August 2005, by the following vote, to-wit: AlrES: Felber, Bensoussan, Cortes, Madrid, Horn, Nordstrom, Tripp NOES: ABSENT: ABSTAIN: ~ \J'...-- H ~ Vicki Madrid, Chair ATTEST: J:IPlanning,Case Filesl-OS (FY 04-05\IPCClPublic He:!IingPCC-05-070\Resolulion9.PC 05-070 doc P:lge5 Master. Use Permit Exhibit 1 Design District Uses Permitted within Buildings (Refer to PC Regs 1V.2E) Du.tdoor Seating Area Permitted Eating & Drinking Estabfishments Permitted (6 max ) Boundary of Master Use. Permit Area 5127105 6/15/05 Page 7 of 9 2-18 ~:~~~ Design District ~~~. M""terUsePormit Y-~.i""~..~"'t.~~~- ..:. \. x....~--::v.~:\:\!" ~ .'\"'" ~~.. ~ f'i'.,.. .. ,.... ... fF ;"o.J""?~;;' , .'. ....~.:::-t_\-..: \-~a'", _ ..~ t:.... . 'x1/.J.:i:C0:~' : -:" i~'V ' ..._~;...:..... "7.- "'.:p,X:/; :i::ti.:.Q~t ~.." ..1~:T: k~::A::~r.J,~ ", '_,. !_",>:",tJ"f::::c.y.. " .......""":;:"'~\"""...'"tr.. \ -7 t.-~""')~'~"~~. jp' .. - ., ~;"\-"'-~'!\ : _.~~ ~~ - .""" '" .', ,:,::; - . . - ~I_'~::" 9 ~- Location Map ,,_:(1ii Land Planning SanDlego,C.I.(619)223-7408 m rLiI . N'Jf 10 SC3/s U 6/1/05 Master V$e Permitfor Design Di~in'cl,OverlQY Ea>fLake II SpA :P~~ ATTACHMENT 7 OWNERSHIP DISCLOSURE FORM r--- ( ~ift- -.- r_-",_- _ -:. -~ -~~- Plann ng & Building Department Planning Division I Development Processing CIlY OF CHUIA VISTA APPLICATION APPENDIX B Disclosure Statement Pursuant to Council Policy 101-01,. prior: to ~ny actio,n up(:mmatter~ that will r~quire di~cretionery action by the Council, Planning Commission. and aU other official.bodies of tI1~ City, a statEtment of. Qiscl()~ure of certain ownership or financial interests, paynleflts, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. LI~t the names of all persons havh'lQJl financlaf Interest ill the property that is the subject of the application or the contract, e.g., owner, applicant, cb!ltractor, subcontractor, matenafsupplier. See Exhibit 'A' 2. If any perfjon*!ci~f!t!fieQ P!.Irfjl!8Qttq (1X~PClVe)~ q,cPfPof!'itipnor partnarfjhlp, list the nameS (If ~.I! indiyiduals with a $2000 irwesqnent inJI19. b~s'ness (c(jrpor~tj.onlpartnersbip)entity; See Exhibit 'A' 3. If arw paN?Rn~ idel'1tiffeq PQr.:;IJ~ot. 1.0' (1Ja(:jpvel.s L\'I nCll1d~fPm'org~Di~tl()n or ~!;t~ lisf t.hel'lamEts: of any person serving.as director of the nOI1-profit organization orastrus~ee or beneficfaryor 'trustor anile trust. N/A 4. Please Idf3f1tifYeveryper$.l?n'~JncludlnS ~nyag~n.s,_~mpJpYE!es~ consultanf~. or independent contractors you have assigned to represent you before the City!n this matter. None 5. Has any person*as$oc.ic:lted with this confrClcf 11<:J.(j~ny financial: deetlingswlth an official** of the City of Chura Vista as it relates to this contract within the past 12montns. Yes~ No~ If Yes, briefly describe the nature of theflnancial Interest the official**" may have in this contract. 6. Have you made a contribution of more than ~250 within the past twelve (12) months to a current member of the Chula Vista City Council? No _ Yes-X If yes, which Council member? Steve Padilla, Patricia Chavez, John McCann and Steve Castaneda 276 Fourth Avenue Chula Vista I California 91910 (619) 691-5101 ( ( ~Jf? -.- ~-~....;: ~-~~ Plann ng & Building Department Plannirig Division I Development Processing em OF CHUlA VISTA APPLICATION APPENDIX B Disclosure Statement - Page 2 7. Have you provIded more than $340 (or an Item of equivalent value) to an official** of the City of Chura Vista In the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No-L If Yes, which offlclal** andwhat Was the nature of Item provided? Date: rg-/w/Ov Print or * PersQnls deffn~q. ~$;~OY !lidJvidlJ~I". firm, .co-p.ar!l'Ia~hlp, )blnt. . venture, as,soci~tiOJ"\". s~cral . c::lub, fratemC'l1 organ1zatr,c:>ri,corpOr'atfbn, e!?fa~e,trns~i. r~c_~lv~r;syg'dicate;'anY gther c::ounty,clty, f1lunicipality, district, or other porrfical subdivfsrol1.. -or any other group orcof1lbll1atlcm acting a!3 a upit. Official includes, but Isnotllmfted to~ Ma~,or, Council member, Planning Commissioner, Member of a board, commisslpn,o(con;mlttee.of the Clty,emplpy'aa, .or.staff mambE)tS. *. 276 Fourth Avenue Chura Vista California 91910 {619)691-S101 ~ (. (- EXHIBIT A To City of Chula Vista Disclosure Statement Application Appendix B Class A Units: EDD 2004 Partners,a California general partnership Attn: Kenneth G. Weimer Ted Levenson and Carol A. Lohiser Levenson, as Trustees ofthe Levenson Living Trust dated March 22, 2004 David J. and Julie K. Piper, as Co-Trustees of The Piper Family Trust dated 4/23/02 Robert G. Russell, Jr. First Regional Bank, Custodian FBO Richard Brooks IRA #2402 Stacy Renee Fischer and Roniley Brent Robinson, as Co-Trustees of The Stacy and Ron Robinson Living Trust dated February 11, 1998 Greg and Kathy Abell, as Co-Trustees of the Abell Family Trust Jeffand Janie Stoke, husband and wife Steve Strauss and Lise Wilson, as Trustees ofthe Wilson-Strauss Trust U/D/T/ 12/8/92 ASLI, L.p", a California limited liability company c/o Oliver R. McElroy, CPA Oliver R. McElroy, as Trustee of the McElroy Family Trust Oliver R. McElroy and Karen H. deLaurier, as Co-Trustees ofthe OK Trust dated 9/29/04 Robert White Gary Greenberg, Trustee Gary L. Greenberg, DDS PC Defined Benefit Pension Plan 106966.000010/465378.07 r (- EXHIBIT A To City of Chula Vista Disclosure Statement Application Appendix B William B. and Judith L. Feinberg, as Co-Trustees ofthe Feinberg Family Trust Ian Stuart, as Trustee of The Stuart Family Trust V/A dated 9/1/2000 Carol G. and Morton R. Goodman, as Co-Trustees of The Goodman Family Trust dated April 23, 1986 Samuel Nathan Fischer, as Trustee of the Fischer Family Trust of1991 Stuart and Jill Koenig, husband and wife RES-SD Investors, a California general partnership Paul and Stacy Jacobs, as Co-Trustees The Paul and Stacy Jacobs Family Trust dated 5/3/00 Craig A. Ramseyer Craig Sapin John D. Tishler, Trustee John D. Tishler Trust dated January 29,2003 Steven J. Untiedt Arnold G. and Esther Fischer, as Co-Trustees ofthe Arnold G. & Esther Fischer Family Trust DTD 12/19/83, as amended Lawrence M. Cushman Randall S. and Karin J. Leavitt, husband and wife, as joint tenants with right of survivorship Lainer Too, LLC, a California limited liability company Sheldon Greenberg, as Trustee ofthe Sheldon Greenberg Insurance Trust dated 1976 Howard Greenberg, as Trustee of the Greenberg Inter-Vivos Trust Hal and Debby Jacobs, husband and wife, as joint tenants with right of survivorship A-2 106966.000010/465378,07 ,E' \, ( EXHIBIT A To City of Chula Vista Disclosure Statement Application Appendix B William A. Waite, as Trustee ofthe William A. Waite Trust dated 12/15/81 Jeff and Deni Jacobs, husband and wife, as joint tenants with right of survivorship Sun State LLC, a California limited liability company Arturo and Claris Levin, as Co-Trustees of the Levin Family Trust dated 12/14/02 Mina Levin Bill Levin Roberto Levin and Julie Levin, as Trustees of the Roberto and Julie Levin Trust dated July 23,2004 Eric B. Shwisberg Regan R. Tully Michael A. V 0 gt Frank G. and Candice Trovato, as Co-Trustees of the Trovato Family Trust dated 10/25/2000 Herbert R. and Ludivina G. Vogt, as Co-Trustees ofthe Vogt Family Trust UDT dated 7/10/1985 Class B Units Eric B. Shwisberg Regan R. Tully Michael A. Vogt A-3 106966,000010/465378.07 ATTACHMENT 8 BUSINESS CENTER II SPA BINDER ATTACHMENT 9 PUBLIC FACILITIES FINANCING PLAN CHULA VISTA PLANNING COMMISSION AGENDA STATEMENT Item: '-f Meeting Date:l1/28/07 ITEM TITLE: Public Hearing: PCC-07-071 Consideration of a Conditional Use Permit to construct and operate a hotel at 2430 Fenton Street in the Eastlake Business Center. Applicant: Innkeepers, USA. SUBMITTED BY: Director of Planning and Building INTRODUCTION The Applicant has submitted a Conditional Use Permit application proposing to construct a 5-story hotel, known as the Embassy Suites Hotel. The hotel consist of 156 room/suites with conference rooms, outdoor pool/spa area, indoor fitness center, and restaurantlbar for the hotel guests. Pursuant to the Eastlake Sectional Planning Area (SPA) plan, a Conditional Use Permit, approved by the Planning Commission, is required for the proposed land use. BACKGROUND The Applicant submitted a Design Review, Preliminary Environmental Review, and a SPA Amendment application concurrently with the Conditional Use Permit. As part of the SPA Amendment, the Applicant is requesting to change the maximum building height permitted at this location from 35 ft or 2 stories, whichever is less to a proposed 76-ft and revising the setbacks as listed in the Project Data table on page 3 ofthis report. On September 12,2007 staff conducted a neighborhood meeting to introduce the project to area residents and businesses. One resident in attendance expressed concern about the height, but overall the residents and business owners endorsed the project as submitted by the applicant. On November 5, 2007, the Resource Conservation Commission (RCC) determined that the Mitigated Negative Declaration for the proposed design was adequate and recommended its adoption. The Applicant is also processing a lot split application to subdivide the project site into two separate parcels. On November 19, 2007 the Design Review Committee approved the project. The SPA Amendment application will also be reviewed by the Planning Commission on November 28, 2007, along with this application. The City Council will subsequently review the Mitigated Negative Declaration and the SPA Amendment for final approval on December 18, 2007. PCC-07 -071 Page No.2 ENVIRONMENT AL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Quality Act (CEQA) and has conducted an Initial Study, IS-07-0l5 in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that the Project would not result in significant effects on the environment, if mitigated. Mitigation would avoid any potential significant effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-07-015 (Attachment 2). RECOMMENDATION That the Planning Commission adopt Resolution PCC-07-071, approving the Conditional Use Permit for the hotel, based on the findings. The Conditional Use permit approval would be subject to the conditions contained therein, and would be contingent upon the adoption by City Council of the Mitigated Negative Declaration, IS-07-015, approval of the SPA Amendment, PCM-07-04, and the adoption of the ordinance amending the Eastlake II Planned Community District Regulations. DISCUSSION Project Site Characteristics: The project site is a 3.76 acre, previously graded building pad located on the south side of Fenton Street and north of Lane Avenue within the Eastlake Business Center II (see Locator Map). Currently the legal parcel consists of 9.6 acres, but is the subject of a parcel map proposing to be subdivided into two parcels. The hotel would be located on the westerly 3.76 acres of the site. The remaining 5.8 acres will accommodate a new office building, which is being processed concurrently. Both the hotel and office building will share the driveways off of Fenton Street and Hitachi Way. The hotel parcel is surrounded by other commercial and industrial uses within the Eastlake Business Center and detached condominiums across Otay Lakes Road. The site is relatively flat along Fenton Street and has similar grade levels as the adjacent sites to the east and west. However, to the south there is a grade difference of approximately 25-ft. b~tween Otay Lakes Road and the project site. To the south, across Otay Lakes Road, the closest homes range from approximately 256-ft to 333-ft away from the project site, due to the placement of the homes along the hillside and the angled street. Project Description: The project consists of a 5-story 75-ft building containing 156 rooms and approximately 8,837 sq, ft. of meeting room space. The hotel facility also provides an outdoor pool/spa area, indoor fitness center, and restaurantlbar. The hotel will be open 24 hours, seven days a week with approximately 50 total employees with approximately 40 of those employees working at anyone time. PCC-07 -071 General Plan, Zoning and Land Use Page No.3 The following table specifies the existing land uses surrounding the parcel: PC-I Planned Community-BC-l Business Center District PC-I Planned Community-BC-l Business Center District N/A PC-I, Planned Community-BC-l Business Center District PC-I, Planned Community-BC-l Business Center District General Plan Zoning Site: Limited Industrial North: Limited Industrial South: N/A East: Limited Industrial West: Limited Industrial Proj ect Data Assessor's Parcel Number: Current Zoning: Land Use Designation: Lot Area: PARKING REQUIRED: Parking spaces, broken down as follows: 1 per each living unit (156 rooms) = 156 Plus I per every 25 rooms thereof = 7 Total: 163 SETBACKS/HEIGHT REQUIRED*: Front Yard: 25 feet Rear Yard: 10 feet** Side Yard: 15 feet** Height: 35 feet** Current Land Use Vacant Office/Manufacturing Otay Lakes Road Office Office/Manufacturing 595-711-03-00 PC-C, Planned Community BC-4, Business Center 3.76 acres PARKING PROPOSED: Standard Spaces: 156 Disabled: 7 Total: 163 SETBACKS/HEIGHT PROPOSED*: 214 feet 43 feet fTom PL/80feet fTom top of slope 34/77.6 feet 75 feet * Proposed regulations are contingent upon approval by the City Council of the SPA Amendment, PCM-07-04, and the ordinance approving amendments to the Eastlake II Planned Community District Regulations. ** Height limit for buildings within the BC-4 District may be increased to 76 feet with approval of the Design Review Committee and provided that buildings taller than 35 feet comply with the following additional requirements: A. The building setbacks adjacent to residential land uses and scenic highways shall increase at a ratio of 1: I and shall be measured from property line (except along Otay Lake Roads shall be measured fTom top of slope, regardless of where property line is located). B, Building design shall be subject to the design criteria contained in the Eastlake Business Center II Design Guidelines. PCC-07 -071 Page No.4 The Design Review Committee, at their discretion, may authorize minor deviations from the building setback ratio, if the architectural composition, style and overall concept, merits such deviation. Analysis Land Use The hotel and conference room facility is designed and strategically located to provide a convenient place to stay and conduct businesses in eastern Chula Vista. The hotel quality and franchise service reputation fits well in the corporate office environment already established in Eastlake. The building design is also highly compatible with the existing and future corporate office and industrial buildings in the vicinity. In addition to providing services not currently available in the area, the hotel facility will provide additional employment for residents of Chula Vista and surrounding communities. Hours of Operation Based on operational parameters provided by the applicant (Innkeepers USA), the business hotel operates 24 hours with 50 employees in three work shifts. The first work shift operates between 7:00 a.m. and 3:00 p.m. The second shift from 3:00 p.m. to 11:00 p.m. The third shift from 11 :00 p.m. and 7:00 a.m. with two employees on duty. Peak customer hours occur between 6:00 p.m. to 12:00 a.m. and 6:00 a.m. to 8:00 a.m. Truck Deliveries Delivery of goods are typically between 9:00 a.m. and 5:00 p.m. on weekdays. There may be zero to five truck deliveries per day. Parking The Project does meet the parking requirements per the Municipal Code as described in the Project Data section on page 3 of this report. However, a parking study was prepared to detennine the actual parking demand at different days of the week and different hours of the day (see Attachment 4, Eastlake Corporate Center Parking Study). The parking study assumed a combined total of 596 parking spaces (Office = 433; Hotel =163), approximately 120,000 sq. ft. of professional office and 156-room hotel with 8,837 sq. ft. of conference room space. The hotel's restaurant/bar and other hotel amenities are assumed to serve hotel guests and are not separate and independent facilities. The site would be subdivided into two lots (westerly 3.76 acres for the hotel and easterly 5.84 acres for the professional office building) with a reciprocal parking and access agreement. The parking analysis takes into account the fact that the hotel and office parking demand peaks are at different times of the day and week. It is important to note that the hotel, located within the Eastlake Business Center, is not a tourist hotel. It would serve the needs of business travelers visiting local companies to do business or corporate executives visiting satellite offices in Chula Vista. It could also serve the Olympic Training Center visitors and family and friends of people residing in eastern Chula Vista. PCC-07 -071 Page No.5 Based on operational parameters provided by the Applicant, the hotels highest parking demand occurs between the hours of 6:00 p.m, to 12:00 a.m. and 6:00 a.m. to 8:00 a.m. The conference rooms parking demand occurs between 10:00 a.m. to 4:00 p.m. (see Table 1, Parking Demand and Supply Summary). Because the hotel caters to business professionals this activity occurs primarily Monday through Friday. The professional office building highest parking demand occurs between the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday (see Table 5, Parking Demand and Supply Summary). The parking analysis provides four scenarios using the parking rates of three cities in the County, including City of Chula Vista, and the Urban Land Institute (ULl) to determine the maximum parking demand at any given time. The analysis shows that in each of the four scenarios, parking supply exceeds the parking demand. All four scenarios conclude that with a reciprocal parking agreement, the office/hotel complex will have more than sufficient parking at all times (see Table 5, Parking Demand and Supply Summary). The applicant has agreed to conduct a parking survey after the hotel has been open for six months to determine the actual parking demand and parking availability on the site. In the event that parking demand is higher than originally anticipated, both owners shall enter into a shared parking agreement with the City. Compatibility with Existing Uses: The hotel is a compatible use within the Eastlake Business Center and to the surrounding residents. The SPA plan anticipated this type of use within the Eastlake Business Center by requiring a Conditional Use Permit. The hotel will provide a service that is desired by the surrounding corporate offices. Currently there are no hotels with the Eastlake area or in any other Planned Community. Therefore, there is a need for a hotel in eastern Chula Vista. The businesses will be able to have their employees or clients stay in the hotel and/or hold a meeting in the conference rooms. To the south, across Otay Lakes Road, the closest homes range from approximately 256-ft to 333-ft away from the project site, due to the placement of the homes along the hillside and the angled street. The homes are approximately at the same pad level as the project site. The residents will view the side elevation of the hotel versus the entire width of the building. The entrance to the hotel will be on the side elevation facing toward the office building. No street access is taken along Otay Lakes Road due to the slope along Otay Lakes Road. All lights on the building and within the parking lot area shall prevent glare onto adjacent residents per the Municipal Code. Currently there are no hotels within the Eastlake Planned Community or within the adjacent Planned Communities such as Rancho Del Rey, Otay Ranch, and San Miguel Ranch. The residents will also be able to have their guest stay in the hotel. PCC-07 -071 Page No.6 DECISION-MAKER CONFLICTS: No Property within 500 feet: Staff has reviewed the property holdings of the Planning Commissioners and has found no property holdings within 500 feet of the boundaries of the property which is subject to this action. CONCLUSION: The project is consistent with the goals and policies of the General Plan and associated documents. Based on the preceding information in this report, the hotel use is desirable to meet the needs of the professional businesses in the surrounding areas. The SPA plan anticipated this type of use within the Eastlake Business Center by requiring a Conditional Use Permit. Staff recommends the Planning Commission approve Conditional Use Permit, PCC-07-071, to construct and operate a hotel, subject to the conditions listed in the attached Resolution. FISCAL IMPACT The application fees and processing costs are paid for by the Applicant. ATTACHMENTS 1. Locator Map 2. Mitigated Negative Declaration 3. Planning Commission Resolution PCC-07-071 4. Eastlake Corporate Center Parking Study 5. Disclosure Statement 6. Project Plans J:\Planning\Caroline\Discretionary Permits\ PCC-07-071 PC Staff Report,doc Prepared by: Caroline Young, Assistant Planner, Planning Division - -. :' ATTACHMENT 1 Locator l\'lap J PROJECT lOCATION -J c.. 0 -J 0 OFFICE! VACANT c:: WAREHOUSE LEVITON <( I OFFICE VACANT EASTLAKE . DESIGN . . CENTER . . . PROPOSED · PROPOSED . HOTEL " OFFICE . (Seoarate . MEDICAL . Permit! . CENTER . CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C) APPLICANT: Eastlake Corporate Center, LLC MISCELLANEOUS PROJECT ADDRESS: 2430 Fenton Street SCALE: FILE NUMBER: No Scale PCC-07 -071 NORTH Request: Proposal to construct a 5 story, 156 rooml suite hotel with approximately 8,837 Sq.Ft. of meeting place, with pool and fitness center and a 4-story office building. Related cases: DRC.Q7-45, PCM-07-10 L:\gabriel\locators\pcc07071,cdr 10.16,07 " ATTACHMENT 2 ~Iitigated Negative Declaration Mitigated Negative Declaration PROJECT NAME: Eastlake Business Center PROJECT LOCATION: North side ofOtay Lakes Road, west of Hunte Pkwy. ASSESSOR'S PARCEL NO.: 595-711-09,595-710-09,10,11 & 12,595-711-03 PROJECT APPLICANT: IRE Development & Innkeepers CASE NO.: IS-07-015 DATE OF DRAFT DOCUMENT: October 17,2007 DATE OF RESOURCE CONSERVATION COMMISSION MEETING: DATE OF FINAL DOCUMENT: Prepared by: Benjamin Guerrero, Senior Planner A. Proiect Setting The project site consists of a 43.7 acres located on the north side of Otay Lakes Road and west of Hunte Parkway. The project site can be described as containing three distinct areas (See Exhibit 2). Area A contains the existing Eastlake Design District which consists of existingfumiture stores and showrooms related to home improvement with ancillary commercial uses. Area B consists of relatively flat vacant building pads. Area C is vacant land and is located at a higher grade (about 28 feet) than Otay Lakes Road. The project site is in an urbanized area in the eastern portion of the City of Chula Vista (see Exhibit 3 - Aerial Map). Topography across the project site is relatively flat and the property is devoid of vegetation. The site is surrounded by residential and commercial/industrial development as follows: Design District (Area "A") and Eastlake Design Center (Area "B") North: Single Family Residences East: Single Family Residences South: Otay Lakes Road, Single Family Residences West: Medical Offices & Industrial Businesses Eastlake Corporate Center Area C:. North: Commercial, Multi-Family residences, Single Family residences East: Medical Office Buildings South: Otay Lakes Road, Single-Family Residences West: Hitachi Business B. Proiect Description The project consists of an amendment to the City of Chula Vista General Plan (GP A) to change the land use designation of approximately 16.7 previously developed acres at the northeast comer of Fenton Street and Showroom Place (851-891 Showroom Place) within the Eastlake Business Center (hereafter referred as Area "A") from Limited Industrial to Commercial Retail. The GP A amendment would allow additional commercial retail types of uses to complement the existing tenant mix. 1 \ \- $-4 0.. Q,) C\j -i-I ::E = Q,) .b U .- s::: .- rr.; u .- rr.; > Q,) I = C\j .""", +-> rr.; en .- :: > ~ ~ ......... Q,) :::s ~ ~ u cod '+-< ,..-! 0 -i-I .b rr.; cod .- ~ u , '--.....'---.., \, I J / \too 0 o m ~ .S! "0 C :I C o ~ Uti) " ''',. " \too 0 o m ~ .S! 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Q) :,:j ~ ...t:: ~ U ,...-I ~ r-- .;.J 0 0 to r.I1 .c '" 0; ~ Iii ..... ~ ~ U .3 E x w u; Iii a; ~ <D c: <D U '" ::> m <D -'" .9! u; <D W -0 ~ CD ::> C> c <D m -c 0 u; <D ::> cr <D 0::: ,.. .a '" -0 <D 0' a:: 8~ U; ~ u: <D .a <D S2 .:J Concurrent amendments to the Eastlake II General Development Plan (GDP), Eastlake Business Center II Supplemental Sectional Planning Area (SPA) Plan and associated regulatory documents are also proposed for Area A above and parcels identified as Lot 2 of Map 13971 and Lots 5-8 of Map 14395 (herein after referred to as Area B) and 2430 Fenton Street (hereinafter referred to as Area C). The GDP and SPA amendments consist of changing the land use designation of Area A from BC-l (Business Center Manufacturing Park District) with Design District Overlay to a new commercial ( VC-5) land use district; and Area Band C from BC-l (with area B currently including a Design District Overlay) to BC- 4 (Business Center Core District). Also included are certain modifications to the adopted property development regulations in order to accommodate greater design and land use flexibility, including an increase in building height from 35 to 60 feet up to a maximum of76 feet for Areas Band C. The project further proposes repeal of the previously adopted Master Use Permit PCC-05-070 for Area A and B and includes approval of conditional use permit and design review for a new hotel and office building on Area C (see Exhibit 2). The conditional use permit application requests permission to establish 'and operate an approximately 148,024 square foot, five-story hotel with 156 rooms and 10,000 square feet of conference rooms and other amenities on Area C. The hotel will also provide a restaurant for its guests and a total of 163 parking spaces. A design review application was also filed for the construction of an approximately 122,071 square foot, four-story Class A office building providing approximately 433 parking spaces in Area C. Both the hotel and office buildings will be served by a reciprocal access and parking agreement. C. Compliance with Zoning and Plans , ' The existing zoning of the project sites is follows: Areas A, B & C: BC-1 (Business Center Manufacturing Park District). Areas A and B also include an existing Design District Overlay. The applicant proposes a change of zone as follows: Area A from the existing BC-1 to VC-5 Land Use District; Area B and C from BC-1 to BC-4 (Business Center Core District); The General Plan designation for Area A is presently Limited Industrial and it is proposed to be amended to Commercial Retail. The project further proposes repeal of the previously adopted Master Use Permit for Area A & B and approval of a conditional use permit and design review for a new hotel and office building for Area C. D. Public Comments On July 23, 2007, 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 August 2,2007. No comments were received. 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 effe~t because mitigation measures incorporated into the project have eliminated possible significant impacts or reduced them to a level of insignificance. Therefore, the preparation of an Environmental Impact Report will not be required. This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. 2 AestheticsNisual Character Area A (East lake Design District) The Eastlake Design District Area (Area A) is fully constructed and developed at a height of 35 feet. No increase in height is proposed for Area A. There are no pnysical changes or impacts to aesthetics or visual character from the proposed change in land use to VC-5 and the repeal of the Design District Overlay. Area B (Vacant Building Pads) Development of this Area is not proposed at this time; however, the applicant is requesting an increase in building height from 35-feet currently permitted to 76-feet in the BC- 4 district with increased setback requirements. The fIrm of Focus360 has provided photo simulations of a conceptual project to illustrate the potential visual impact of future development containing buildings with a height of76 feet at a building setback of210 feet from the north property line and 80 feet from the easterly property line. The photo simulations were taken from six observation points. Three observation points are located within the Rolling Hills Ranch residential development that abuts Area B to the north and the remaining three points from Eastlake Woods West residential development, which abuts Area B to the east. The photo simulations illustrate that a combination o~ increased building setbacks, architectural design and less vertical building massing will avoid any adverse visual impacts (see Appendix A). At the time when actual development is proposed, the applicant will be required to prepare additional visual analysis in conjunction with a request for approval of Design Review entitlements by the City of Chula Vista Design Review Commi~~e (DRC). Therefore no immediate and direct impacts are associated with the change in land use and change in allowable height as part of the current amendments. The following mitigation measure would ensure that future development of Area B is subject to City adopted land use and design criteria: At the time when actual development is proposed for Area B, the applicant will be required to comply with the intent and purpose of the PC District Regulations and Design Guidelines and to prepare additional visual analysis in conjunction with a request for approval of Design Review entitlements by the City of Chula Vista Design Review Committee (DRC). Area C (Eastlake Corporate Center) A Visual Analysis Report was prepared by Jones and Stokes (June 2007) to analyze the Corporate Center (Area C). This report analyzed the impact of the proposed development ITom 10 Key Observation Points (KOP). Visual Simulations of the project were created and analyzed to determine the aesthetics of the height and mass of the buildings upon completion of construction. While the report did identify that the proposed development is taller than surrounding development, it concluded that the development would be compatible with the surrounding development. Impacts to all 10 of the KOPs were determined to be less than significant as the view shed from the KOPs were low to moderate scenic quality based upon the proposed fifty (50) foot building setback from the southern property line, which faces Otay Lakes Road. The City of Chula Vista General Plan identifies Otay Lakes Road as a Scenic Roadway. No impacts to Otay Lakes Road were identified by the report as part of the Corporate Center Project and therefore no mitigation is proposed with respect to this roadway. Although the proposed building height exceeds that of surrounding 3 development, visibility of the proposed hotel and office building will be minimized by a combination of greater building setbacks and reduction in vertical massing as viewed from the south. The considerations contained in the development standards and within the Design guidelines for Eastlake Business Center II for the BC-4lots and which are applicable to this project are: For commercial and industrial buildings greater than 35 feet in height, the Design Review Committee shall consider the following special design objectives in addition to those contained in the Eastlake Business Center II Design Guidelines: 1. Ensure high quality and fully finished architecture on elevations facing adjoining residential development and properties equal to that of the other sides of the building. 2. Provide enhanced screening via increased size and/or amount of buffer landscaping and/or screening walls. 3. Maintain comparable access to light and air at the perimeter lot line based on a 35' building height at the minimum setbacks. a. Establish a height to setback ratio that achieves the negligible visible impacts of tall buildings as exemplified in the visual simulations conducted for Areas Band C. b. Maintain a comparable fayade area (maximum building width X base height of35 feet) for elevations facing residential developments or adjoining residential lots. This may be accomplished by reducing the total building width as the height of the building increases so that the total fayade area remains roughly the same. ,', Example: 35' height X 100' width between side yard setbacks = building area of3,500 square feet. A 70' tall building would have a target width of approximately 50 feet wide (70' X 50' = 3,500' square feel). All future development in the BC-4 Land Use District will be required to comply with these measures. ill addition, all development in the area must obtain approval from the City of Chula Vista Design Review Committee. Proposed changes to allow the additional height have been evaluated for consistency with the goals, objectives and policies of the General Plan. The proposed increase in height will allow for development that is consistent with the General Plan and is well planned with appropriate building setbacks and design criteria. The following mitigation measure would ensure that the proposed building height increase would not result in an adverse impact to the vario~s view sheds: Height limit for buildings proposed for Area C may be increased up to 76 feet contingent upon compliance with all proposed revisions to the PC District Regulations and Design Guidelines which include a combination of increased building setback, architectural design treatment and reduction of vertical building massing. The Design Review Committee may authorize deviations from these requirements where otherwise consistent with the intent and purpose of the PC District Regulations and Design Guidelines. 4 Air Quality An air quality impact analysis was prepared by Jones & Stokes (July 2007) for the proposed project. Following is a summary of the results and conclusions of this air quality report. Short-Term Construction Impacts The proposed project will result in a minor increase in air pollutants during the construction phase of the proposed hotel and office building. Fugitive dust would be created during grading and construction activities. Air quality impacts resulting from construction-related operations are considered short-term in duration since construction-related activities are temporary. Construction- related emissions would originate from proposed construction activities related to Area C and would consist of equipment exhaust, workers vehicle exhaust, dust from grading, and exposed soil eroded by wind. Dust control measures required during construction operations would be implemented in accordance with the rules and regulations of the County of San Diego Air Pollution Control District (APCD) and the California Air Resources Board. Construction Construction ErmSSlOns - Area OfPorate enter Max. Daih Pollutant Emissions (pounds) Construction Activity ROG NOx CO PMIO Site Grading 4.34 31.31 33.71 24.34 Building Construction 11.37 75.62 91.31 26.00 2008 Maximum Value 11.37 75.62 91.31 26.00 Building Construction 53.91 98.34 132.19 3.70 2009 Maximum Value 53.91 98.34 132.19 3.70 Significance Criteria >75 >100 >550 >150 Significant? No No No No Table 1 CC C Source: California Air Resources Board-URBEMIS2002 Model Mitigation measures contained in Section F below would mitigate short-term construction-related air quality impacts to below a level of significance. Long-Term Operational Impacts The project site is located within the San Diego Air Basin (SDAB). Based on the Traffic Impact Analysis prepared by Linscott, Law & Greenspan (August 2007), the hotel and office building would generate approximately 3,950 new daily trips. The morning peak hour traffic resulting from the hotel and office project would be equivalent to 429 in and out driveway trips and the evening peak hour would result in 436 in and out driveway trips being generated. The City has traditionally used the significance emissions thresholds of the South Coast Air Quality Management District (SCAQMD), which is responsible for air quality in the urbanized areas of Los Angeles, Orange, San Bernardino, and Riverside counties. The air quality in the SCAQMD is much worse than the San Diego Air Basin; therefore, the SCAQMD thresholds are very conservative for the San Diego area. 5 The estimated operational emissions for this project are shown in Table 2 below. As shown on this table, none of the CEQA significance thresholds would be exceeded during operation of the project. The URBEMIS model for urban emissions was used to calculate the input and output data. Table 2 Estimated Operational Emissions - (Full Buildout Conditions -Area C Corporate Center) - Max. Daih Pollutant Emissions (counds) ROG NOx CO PMIO Summer Period Area Source Emissions .66 2.83 3.63 0.01 Vehicular Emissions 30.35 40.24 396.55 50.89 Total Emissions 31.01 43.08 400.18 50.90 Winter Period Area Source Emissions .48 2.82 2.36 0.00 Vehicular Emissions 31.60 50.83 360.40 50.89 Total Emissions 32.08 53.65 362.76 50.90 Significance Criteria >55 >55 >550 >150 Significant? No No No No Source: California Air Resources Board-URBEMIS2002 Model A CO hot spot analysis was conducted to determine whether the proposed hotel and office-building project would contribute to a violation of the ambient air quality standards for CO at any local intersections. Three intersections having high a.m. and p.m. peak hour volumes (per LLG Traffic Impact Analysis; August 2007) were modeled for CO impacts. The table below shows the three selected intersections. The results show that the State one-and eight-hour standards of 20 ppm and 9 ppm, respectively, would not be exceeded at any of the three intersections. COH M d r C Table 3 ( ) otspots o emg oncentratIons (ppm I-hour 8-hour I-hour 8-hour Intersection AM AM AM AM Otay Lakes Rd/ 6.4 4.2 6.7 4.5 V ons Driveway Otay LakesRd/ 6.3 4.2 6.9 4.6 Eastlake Rd. Fenton St/ Harold 4.4 2.8 4.4 2.8 PI-Hitachi PI. CAAQS Standard 20.0 9.0 20.0 9,0 Significant? No No No No Note: Background concentrations 0[3.9 ppm and 2.48 ppm were added to the modeling I-hour and 8-hour results, respectively. , Paleontological Data compiled by the San Diego Natural History Museum, Department of Paleo Services was used to assess paleontological resource sensitivity issues in relation to proposed project grading, construction, operation and maintenance activities. The assessment was based both on known paleontological sites within the project area, as well as extrapolated biostratigraphic information derived from rock units in adjacent areas or areas of regional context which indicate the potential for a fossil resource to occur in particular geologic unit. Even though there are no known significant 6 fossil resources found at the project site, the general vicinity has been identified as forming part of an area considered by experts in the field of paleontology as having a "high paleontological resource sensitivity". This rating would require a paleontological monitoring and mitigation program. This means that an approved monitoring program would be available for implementation during grading and excavation activities related to this project. Subsequently, if unique paleontological resources are discovered, all significant fossil material will need to be collected, prepared, identified, and curated, and then placed into a state-designated scientific repository. Compliance with the mitigation measure cOIitained below in Section F would avoid significant impacts to paleontological resources. Geology and Soils Geotechnics INC. prepared geotechnical/soils reports (August 2007) for the proposed development of Area C. The report, approved by the City Engineering Department, states that no adverse geotechnical conditions were encountered which would prohibit the proposed development of project Site C. The preparation and submittal of a final soils report will be required prior to the issuance of a grading permit as a standard engineering requirement. Project Site "C", where development is proposed has been previously mass graded. There are no known or suspected seismic hazards associated with the project site. The project site lies about four miles west of the La Nacion Fault Zone (an inactive fault zone). The closest recently active fault is the Rose Canyon Fault, located about 14 miles west of the site. The site is not located within an Alquist-Priolo Special Studies Zone. Therefore, project compliance with applicable Uniform Building Code standards would adequately address any building safety/seismic concerns. The proposed project site C Area is not located within a landslide hazard area or liquefaction hazard area. Landslide hazard areas are areas containing active land-slide-prone terrain~ ' These are typically areas that contain unstable sedimentary rock formations, contain slopes exceeding 25 %. Likewise, liquefaction hazard areas are characterized by shallow ground water tables and poorly consolidated sediments subject to hazards associated with seismically induced liquefaction. No adverse impacts related to landslide or liquefaction is anticipated from development of Area C. In order to prevent silt discharge during construction, the developer will required to comply with best management practices in accordance with the NPDES General Construction Permit. The appropriate standard erosion control measures would be identified in conjunction with preparation of fmal grading plans and would be monitored and implemented during construction by the Engineering Division. Therefore, the potential for the discharge of silt into city drainage systems would be less than significant. Hvdrology A Drainage report was prepared by K&S Engineering (September 2007) and approved by the City's Engineering Department. The study evaluated storm runoff under existing conditions and compared it to the existing conditions plus project conditions (50-year events). The report assessed any potential drainage impact that could be caused, or aggravated by project development. The project proposes to add 8.14 acres of impervious area in the form of rooftops, parking lots, access drives, sidewalks, etc. The "Eastlake Design District Area (project site A) is fully constructed and developed. Area B is presently vacant and no specific development is proposed. The hotel and office building is proposed for Area C which is presently vacant. Area C has been previously sheet graded, and gently slopes towards an existing de silting basin located in the northwest comer of the project site. The slope 7 along the southern boundary is landscaped with trees, shrubs and grass. The onsite drainage is proposed to be collected in curb, gutters and inlets and discharged at a low point from which it enters a grassed bio swale, clean water filter system units, downspout and stormwater bioretention filtration system (Filterra), located at different comers of the property. Once the runoff is treated, it will flow via an onsite 24-inch lateral pipe towards Fenton Street to an existing 36" storm drainpipe, which has a design capacity of Q50 with an ultimate design capacity of! 07.97 cfs. The results- of the Drainage Report (September 2007) and Water Quality Technical Report (September 2007) prepared by K&S Engineering were compared with the City of Chula Vista Eastlake Business Center II Master Study. The comparison results indicate that the project run-off flow rate, volume, velocity and duration for the post development condition will not exceed the ultimate design condition of the existing drainage pipe system for 2, 10 or 50-year storm frequency. The proposed development will not alter the natural drainage path or divert any drainage from the _ current condition or drainage boundaries. Based on these calculations approved by the City of Chula Vista Engineering Department, the project would meet City approved standards and, therefore, would not result in any adverse impacts to public facilities or surrounding properties. Table 5 Storm Frequency Design Velocity Ultimate Developed Pipe Design Fenton Street for 50-Year Event Per Hunsaker Study 107.97 CFS 23.0 FPS Ultimate Developed Condition Calculated per K& S Engineering 50-Year 50-Year 26.7 CFS , 17.67 FPS Water Quality A Hotel and Office building are proposed for Area C, which is presently vacant. The proposed development will result in 8.14 acres (85%) of impervious area (roofs, parking lots, roadways, sidewalks, etc.). As stated above, Area C has been previously sheet graded, and gently slopes towards an existing desilting basin located in the northwest comer of the project site. The slope along the southern boundary is landscaped with trees, shrubs and grass. The onsite drainage is proposed to be collected in curb, gutters and inlets and discharged at a low point from which it enters a grassed bio swale, clean water filter system units, downspout and stormwater bioretention filtration system (Filterra), located at different comers of the property. Construction Best Management Practices In order to properly manage water runoff from the proposed project during the construction phase, the project proposes to incorporate the following management facilities and best management practices: · Storm Drain Inlet Protection · Stockpile Management · Solid Waste Management · Stabilized Construction Exit · Vehicle and Equipment Maintenance · Erosion Control Mats and Spray-on Applications · Gravel Bag Berms 8 ---'-' . Material Delivery and Storage . Spill Prevention and Control . Concrete Water Management · Water Conservation Practices · Paving and Grinding Operations · Stabilization of Disturbed Areas . Permanent Re-vegetation of Man-Made Slopes BMPs shall be selected, constructed, and maintained so as to comply with" all applicable City of Chula Vista Ordinances, policies and regulations and regulatory agency regulations and will be subject to the approval and continued monitoring of the City ofChula Vista. Post-Construction BMPs · Limit road widths, parking lot and driveway areas spaces. · Include as part of the project design self-treating areas such as: large landscaped areas, grass or vegetated swales, and turf block paving areas. · Directing roof runoff to landscaped areas before discharge to storm drains. · Propose a Jensen Precast futerceptor and Filterra and storm water system subject to the approval of the City ofChula Vista Engineering Department. The applicant/developer shall be required to comply with the National Pollutant Discharge Elimination System (NPDES) regulations including the preparation and implementation of a Water Quality Technical Report (wQTR) and a Storm Water Pollution Prevention Plan (SWPPP). The implementation of water quality Best Management Practices (BMPs) as described above will be required in accordance with the NPDES General Permit and as approved by the City Engineer. Based upon the implementation of standard engineering requirements and compliance with requirements of the WQTR, SWPPP and BMPs, water quality impacts would reduce to a level below significance. Land Use Analvsis of Proposed Amendment from Light fudustrial to Commercial Retail for Area A The existing land uses presently found within the 16.7 acres of the Design District (Area A) consist primarily of furniture stores and wholesale/retail distribution and showroom businesses related to home improvement merchandise. The existing land uses are not typically representative of light industrial land uses such as warehousing, light manufacturing, and public storage with some offices. A previous amendment to the Eastlake Business Center II SPA was approved in 2005, which created a Design District Overlay zone that permitted the existing land uses. In terms of actual land designated for" industrial land use, the 16.7 acres represents 7.4 percent of industrial land within the Eastlake Planned Community. Further analysis shows that the 16.7 acres represents less than 1.3% of the industrial lands in eastern Chula Vista and less than 1% of the overall industrial lands within the City. Therefore, the percentage reduction of industrially designated land is fairly small in comparison to the total amount of industrial land available in the City. The establishment of the Eastlake Design District allowed for an increase in the amount of land uses oriented more towards commercial retail, which is consistent with the current request to change the existing General Plan land use designation from Light fudu~trial to Commercial Retail. The proposed amendment would reflect more accurately the existing representative commercial/retail uses, which have already begun to be established within this site and would also allow an increase in 9 commercial/retail use. The proposed amendment therefore, is essentially a necessary action to bring consistency between the General Plan and the Eastlake II Business Center SPA. No adverse impacts as a result of the proposed general plan amendment are anticipated and therefore no mitigation is required. Noise Eastlake Corporate Center Proposed Hotel and Office Building Noise Consultant Jones & Stokes, fuc., prepared an acoustical analysis (August 2007) for the proposed hotel and office development project. The study identified the primary noise source generator as traffic noise from Otay Lakes Road. Additional noise sources identified by the study were from children playing in the distance, and aircraft overflights. The noise study also assessed potential project impacts from short-term and long-term stationary and mobile noise sources. The sources included onsite construction activities and on-site and off-site operations. An evaluation was made as to whether on-site operations could affect local residences or other noise-sensitive land uses. Additionally, the effects from noise on on-site and off-site noise- sensitive receptors as a result of future traffic volume increases were analyzed. A noise impact generated by construction or operation activities related to the project would be considered significant if it would result in: · Exposure of persons to, or generation of, noise levels in excess of standards established in local general plans. The City's exterior noise standard for office buildings and commercial /retail property is 70 CNEL. ,', · A substantial permanent increase in ambient noise in the project vicinity (an increase of 5 to 10 dBA is generally considered substantial); or · A substantial temporary or periodic increase in ambient noise levels in the project vicinity (an increase of 15 dBA is generally considered substantial for this type of increase). Construction Noise The closest noise-sensitive receptors to the project site are residential land uses to the south of the project site. Construction activities could occur as near as 250 feet from existing residences and as far as 950 feet. A construction noise level of 89 dBA Leq at 50 feet would attenuate to approximately 75-dBA leq at a distance of 250 feet from the source. The City's noise ordinance exempts construction activities from the noise standard (providing that such activities take place between the hours of 7:00 a.m. to 10:00 p.m. Monday through Friday and 8 a.m. to 10 p.m. on Saturdays and Sunday). This provision of the Municipal Code would ensure that surrounding residents would not be disturbed by construction related noise during the most sensitive periods of the day. Project construction work is anticipated to occur between the hours of 7:00 a.m. and 5:00 p.m. weekdays only. Provided that the project's construction activities are limited to the allowed hours, the project's short-term noise impact would be less than significant. Traffic Noise Based on the acoustical report prepared by Jones and Stokes, potential operational noise effects would be limited to project-related traffic. The results of the predicted traffic modeling results are shown in Table 4. As shown in Table 4, modeled traffic noise levels in the future (Year 2009) with project scenario would range from 58 dBA CNEL to 68 dBA CNEL. 10 On-Site (Hotel & Office Uses - Area C) Potential Impacts from Traffic Generated Noise (Otay Lakes Road) The proposed hotel and pool area are considered to be noise-sensitive areas and would therefore be subject to the City's exterior noise standard of 65dBA CNEL. Based on the site design, the pool area would be located about 220 feet away from the centerline of Otay lakes Road and would be surrounded by a solid six foot high wall. The pool area is also located about 28 feet above the local roadway grade, and would receive acoustical shielding by being located at the top slope. As shown on Table 4, the exterior traffic noise level at the pool area is projected to be approximately 62 dBA CNEL, and thus less than the City's 65 dBA CNEL exterior noise standard. The office-building project proposes to have employee break areas along the southeast and southwest corners of the building. These areas would be located about 250 feet from the centerline of Otay Lakes Road, and would also benefit by acoustical shielding by virtue of the difference in elevation between the top of slope and the street grade. As shown on Table 4, the exterior traffic noise level at the pool area is projected to be approximately 62 dBA CNEL, and thus less than the City's 65 dBA CNEL exterior noise standard. The portion of the proposed .hotel that would be closest to Otay Lakes Road centerline would be at a distance of approximately 220 feet. The guest rooms of the hotel would be subject to the City's standard of 45 dBA CNEL. As shown in Table 4, the predicted noise level at the southern side of the proposed hotel would be 66 dBA CNEL in the future, which would exceed the city's exterior standard. As a mitigation measure, where exterior noise levels exceed 60 dBA CNEL, the project will be required to submit at the building permit stage an acoustical report containing attenuation features that demonstrate that interior noise levels will be maintained at or belo~45 dBA CNEL. Modern sound-rated construction assemblies as well as the provision of forced-air mechanical ventilation or air conditioning systems (operated with the windows shut) typically provide approximately 20 to 25 decibels of exterior-to-interior noise reduction. Such assemblies and techniques include but are not limited to sound-rated windows and doors and sound-rated exterior wall assemblies. With the implementation of the sound-rated construction materials and a central air conditioning system, noise impacts from traffic sources would be reduced to a level of insignificance. Parking Area A (Eastlake Design District) The Eastlake Design District (Area A) is an existing development that is proposing an amendment to allowable uses within the existing buildings. A Traffic and Parking Study was prepared by Linscott Law & Greenspan (March 16, 2007) for Area A. This study assumed an increased mix of commercial uses typical of what the proposed amendments would allow. The study concluded that there would be adequate parking. Further, additional uses cannot be approved absent evidence of adequate parking availability. The study included a 15% mixed-use reduction and credit based on patrons from the same vehicle patronizing more than one business per trip. The project proposes an amendment that would change the existing BC-l (with design district overlay) to a new land use district category to be named Village Center 5 (VC-5) District. Area A would be the only property within the Eastlake Business Center IT with the VC-5 Land Use District designation. Although the current proposal is to allow the entire Area A to be converted to 11 commercial retail, this is predicated upon the project meeting the parking standards for each individual type ofland use proposed under the VC-5 District. The PC District Regulations have been amended to require that future changes in use within the development that will alter parking requirements are required to demonstrate adequate parking to the satisfaction of the Director of Planning and Building and the City Engineer. The change to the VC-5 District Planned Community District Regulations for Eastlake II will ensure that no adverse impacts to parking will result within the existing shopping center and therefore no parking mitigation is required. The parking requirements for the proposed VC-5 and BC-4 Districts will also be amended to provide a new standard for furniture stores and to allow for shared parking subject to a specific procedure for demonstrating adequate parking. The new requirement is based on a parking analysis approved by the City of Chula Vista that determined the appropriate number of required spaces for furniture stores. The new standard is a refinement to the development code and will not result in adverse impacts to the overall parking requirements. Area B (Vacant Building Pads) Specific development is not proposed for the Area B at this time. However, when development is proposed, the project will be required to provide parking on-site that is consistent with the Eastlake Business Center II Planned Community District Regulations. Therefore there are no impacts related to parking at the Design Center associated with this amendment, and therefore no mitigation is proposed. Eastlake Corporate Center (Area C) ,. A parking study was prepared by the traffic engineering firm of Linscott, Law & Greenspan (September 2007) to determine the adequacy of proposed parking on-site. fu particular, the parking study sought to address the parking needs for a proposed meetinglbanquet room space proposed by the hotel land use. The City of Chula Vista does not have parking standards that specifically address hotels with conference room space. A survey of other municipal jurisdictions was also conducted in order to obtain clearer requirements for meetinglbanquet room place. For the purposes of determining the parking demand, the City assumed that dedicated conference space would require parking in addition to the City's standard requirement for hotels. The parking study determined that adding the requirement of 1 space per 100 sq. ft. of gross floor area of dedicated conference space in a hotel would adequately address the overall hotel parking requirement. The parking study took into account the fact that hotel, conference center and office uses peak at different times of the day. It also noted. that the proposed hotel is a business hotel, not a tourist hotel. The target market for the hotel is business travelers visiting local companies to conduct business or corporate executives visiting a satellite office in Chula Vista. Business travelers and local companies holding small conferences or meetings in a space larger than the typical office conference room will use the conference room space. The hotel peak demand occurs from 10:00pm to 6:00am while the office peak demand occurs at 8:00am to 5:00pm. The study demonstrates that, even assuming an additional 88 parking spaces need to be provided for the conference rooms independent of the standard hotel parking requirements, there is adequate parking for the hotel (with conference rooms) and .the office building to operate independently. The owner's of the Corporate Center hotel and office buildings will be entering into a private reciprocal parking agreement to share parking as needed between the properties in order to take advantage of their different peak demands and the minimum of 35 excess parking spaces that are available at any given time. This agreement will be 12 incorporated into the CC&Rs for the subject properties and recorded with the County Recorder. This will ensure that adequate parking is being provided for conference use on evenings and weekends. Using the most conservative and restrictive of scenarios and parking requirements, the study demonstrated that the total peak parking demand of 561 spaces would occur at 10:00am. The Corporate Center is proposing 596 parking spaces, which results in an excess of 35 spaces at the peak hour over the theoretical maximum demand. Therefore the study concluded that the 596 spaces are adequate for the proposed land uses at the Corporate Center and therefore no mitigation is required. Furthermore, a condition of approval for the required conditional use permit for the hotel will allow the City of Chula Vista to require a Shared Parking Agreement if the City determines that there is a demonstrated need for more parking on one or both of the sites after the hotel is in operation. Traffic The traffic-consulting firm of Linscott, Law and Greenspan (LLG) performed a traffic impact analysis for Areas A, B and C (September 2007). For Area A the traffic report analyzed a project proposing 125,100 square feet of furniture stores, 39,350 square feet of office floor space, 39, 350 square feet of specialty retail/Strip commercial and 27,800 square feet of restaurant space for a total of 231,566 square feet. For Area B the traffic report analyzed a high intensity land use consisting of 160,000 square feet of specialty retail/strip commercial simulating a daily worst-case scenario for the future potential development of this site. For Area C, the traffic report analyzed a proposed 155- room hotel with 10,000 square foot of convention/meeting rooms and a 120,000 square foot office building. Eastlake Design District (Areas A & B) The Eastlake Design District is located in the northeastern quadrant of the Otay Lakes Road/Fenton Street intersection. Otay Lakes Road, a classified Six-Lane Major, west of Pas eo del Rey, and a Six- Lane Prime Arterial from Paseo del Rey to the SR-125 alignment, provides the east-west access to Areas A& B. From Otay Lakes Road, the only access to the site is from Fenton Street via Showroom Place. Showroom Place is a 40-foot wide unclassified two-lane cul-de-sac providing access to the project site. Area A is an existing development consisting predominantly of furniture stores. This development is complete and most of the buildings are occupied. The traffic study prepared by LLG (August 2007) analyzed the proposal to modify the present permitted land uses to allow for a mix of office, restaurant and specialty retail. While the current proposal is to allow the entire Area A to be utilized for commercial retail uses, the amount of available on-site parking will limit the actual amount and type of commercial retail uses which may occur. Area B i;;; presently vacant and even though no site-specific project is proposed, the traffic impact report analyzed a worst-case scenario, which included specialty retail uses. Subsequent changes to the applicant's proposal have resulted in Area B being proposed for BC-4 uses instead. BC-4 uses are industrial in nature and have less daily trip generation potential then specialty retail, which were analyzed in the traffic study. The City Engineering Department has determined that this change will not result in any additional daily trip generation. The existing land uses of Area A are calculated to generate a total of 1,110 ADT with 44 trips during the AM peak hour (31 inbound and 13 outbound) and 100 trips during the PM peak hour (50 inbound and 50 outbound). With the proposed land use change, Area A would generate a net 3,900 ADT with 13 139 trips during the AM peak hour (110 inbound and 29 outbound) and 355 trips during the PM peak hour (189 inbound and 166 outbound). Area B site land uses were calculated to generate a total of 5,440 ADT with 163 trips during the AM peak hour (98 inbound and 65 outbound) and 448 trips during the PM peak hour (224 inbound and 224 outbound). The traffic study calculated the traffic for Areas A & B to be a net of 9,340 ADT with 302 trips during the AM peak hour (208 inbound and 94 outbound) and 803 trips d~ng the PM peak hour (413 inbound and 390 outbound), with the pass by reduction. Short-Term Impacts (Year 0 to 4) _ Based on the traffic impact study results, in the near term with the project, all intersections are calculated to operate at Level of Service D (LOS) D or better except the Otay Lakes RdIV ons Driveway intersection, which is calculated to continue to operate at LOS F during the PM peak hour. The impact at this intersection is considered to be cumulative in nature. Since this is a cumulative impact, the following recommended traffic mitigation is tied to development of Area C and would result in this intersection operating at an acceptable LOS C during the AM peak hour and LOS D during the PM peak hour: . Prior to the issuance of the first building permit for Area C the Applicant/Developer shall pay the required amount of Transportation Development Impact Fees (TDIF) as confirmed by the City of Chula Vista City Engineer to cover its share of the cost of improvements at the intersection of Otay Lakes RdlVons Driveway, as described in the Project's Traffic Impact Analysis (September 2007). In the near-term with development of Area A, all segments are calculated to operate at a LOS C or better. The segment of Eastlake Parkway between Fenton Street and Otay Lakes Road is calculated to operate at an LOS D. Long-Term Impacts (Horizon Year 2030) Based on the traffic study, all intersections are calculated to operate at LOS D or better in the Year 2030, except the following: . Otay Lakes RoadIV ons Driveway (LOS E during the AM peak hour and LOS F during the PM peak hour) - Cumulative Impact (without mitigation) . Fenton Street/Showroom Place (LOS F during the PM hour) - Direct Impact ill addition to the above-mentioned mitigation measure for Area A and Area B, the following mitigation will be required to address a long term direct project impact. Once this mitigation is implemented the intersection of Fenton Street/Showroom Place is projected to operate at an acceptable LOS B: . The Applicant/Developer shall be required to enter into an agreement to design, construct, and secure a fully actuated traffic signal including interconnect wiring, mast arms, signal heads and associated equipment, underground improvements, standards and luminaries prior to completing development of Area B at the intersection of Showroom Place and Fenton Street or as determined and approved by the City Engineer. The Applicant/Developer shall bond for the signal improvement prior to the issuance of the first building permit for Area B. 14 The bond shall be in an amount equal to 200% of the engineer's estimate for development of Area B. If signal plans are submitted prior to the first building permit for Area B with an approved engineer's cost estimate, then the bond may be reduced to as low as 100% of the estimated cost. The Applicant/Developer shall also provide one shared through/right-turn lane and one left-turn lane on southbound (outbound) Showroom Place. The Applicant/Developer shall also provide one left-turn lane and one right-turn lane on northbound Fenton Street with right-turn overlap phasing. Hotel and Office Buildings (Area C) To identify potential traffic impacts associated with the development of the project, a Traffic Impact Analysis was prepared by the traffic engineering firm of Linscott, Law & Greenspan (September 2007). The traffic study projected that the proposed hotel and office building will generate an estimated total Average Daily Traffic (ADT) of 3,950 driveway trips, with 429 trips occurring in the AM peak hour (358 inbound and 71 outbound) and 436 trips occurring in the PM Peak hour (136 inbound and 300 outbound). The proposed project will take access from an existing driveway on Fenton Street (see project site plan Exhibit B). The City of Chula Vista Circulation Plan classifies Fenton Street as Class I Collector. Otay Lakes Road will provide the east-west access to the site. Otay Lakes Road is classified as a Six-Lane Major west of Paseo del Rey, and as a Six-Lane Prime Arterial from Paseo del Rey to the SR 125 alignment. Short-Term Impacts (Year 0 to 4) Based on the traffic impact study results, in the near term with the projec(all intersections are calculated to operate at LOS D or better except the Otay Lakes RdIV ons Driveway intersection, which is calculated to continue to operate at LOS F during the PM peak hour. The impact at this intersection is considered to be cumulative in nature. The following recommended traffic mitigation would result in this intersection operating at a LOS C during the AM peak hour and LOS D during the PM peak hour: . Prior to the issuance of the first building permit for Area C the Applicant/Developer shall pay the required amount of Transportation Development Impact Fees (TDIF) as confirmed by the City of Chula Vista City Engineer to cover its share of the cost of improvements at the intersection of Otay Lakes Rd/Vons Driveway, as described in ~e Project's Traffic Impact Analysis (September 2007). Long-Term Impacts (Horizon Year 2030) Based on the traffic study, all intersections are calculated to operate at LOS D or better in the Year 2030, except the following: . Otay Lakes Road/V ons Driveway (LOS E during the AM peak hour and LOS F during the PM peak hour) The mitigation measure proposed to address short term impacts for development of Area A & B abo've will consequently adequately address the same identified long-term impact to this intersection. 15 Conclusion The identified traffic impacts for Areas A, Band C have been adequately analyzed by the traffic engineering firm of Linscott, Law & Greenspan and said analysis has been reviewed and approved by the traffic engineering section of the City of Chula Vista. The implementation of the proposed mitigation measures for the identified short term, long term, cumulative and direct traffic impacts will result in acceptable levels of operation of these intersections. Sewers Sewer flows from the proposed project have been identified in the sewer capacity studies (August 2007) prepared by K&S Engineering for the existing Eastlake Design District (Area A) and for the multi-story hotel and office building proposed for Area C. Any proposed change in land use development of Area B would be subject to further sewer analysis as determined by the City Engineer. The sewer study for the Design District (Area A) analyzed the existing development and two proposed restaurants for the project site. The sewer study for Area C analyzed the proposed flows of the hotel and office building. No further sewer analysis was performed either for Area B or for additional restaurants that may be proposed for Area A. Based on the off-site sewer analysis for Area A and C, the proposed projects as described above would not significantly impact the existing off site downstream wastewater facilities and would not trigger additional sewer improvements. However, additional sewer analysis would need to be performed by the applicant/developer, if there is any change in land uses associated with the future development of Area B. No adverse impacts to City sewer capacities or facilities are noted, therefore no mitigation is required. \". E. Mitigation Necessary to Avoid Significant Impacts AestheticsNisual Quality 1. Height limit for buildings proposed for Area C may be increased up to 76 feet contingent upon compliance with all proposed revisions to the PC District Regulations and Design Guidelines which include a combination of increased building setback, architectural design treatment and reduction of vertical building massing, The Design Review Committee may authorize deviations from these requirements where otherwise consistent wit,h the intent and purpose of the PC District Regulations and Design Guidelines. . 2. At the time when actual development is proposed for Area B, the applicant will be required to comply with the intent and purpose of the PC District Regulations and Design Guidelines and prepare additional visual analysis in conjunction with a request for approval of Design Review entitlements by the City of Chula Vista Design Review Committee (DRC). Air Quality 3. The following aIr quality mitigation measures shall be implemented during grading and construction: a) Minimize simultaneous operation of multiple construction equipment units b) Use aqueous diesel fuel and lean NOx catalysts for all heavy diesel engine construction equipment c) Use electrical construction equipment as practical d) Use catalytic reduction for gasoline-powered equipment 16 e) Water the construction area twice daily to minimize fugitive dust f) Pave permanent roads as quickly as possible to minimize dust g) Use electricity from power poles as opposed to mobile power generators h) Pave last 100 feet of internal travel path prior to exiting onto a public street i) fustall wheel washers by a paved apron prior to vehicle entry on public roads j) Remove any soil/dirt from public streets within 30 minutes of occurrence k) Suspend all soil disturbance and travel on unpaved surfaces if winds exceed 25 mph. The air quality mitigation measures shall be shown on all applicable grading, and building plans and 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. Paleontological 4. Prior to the issuance of a building permit for Area C, the applicant/developer shall have a paleontological monitoring program approved by the Environmental Review Coordinator. Said monitoring program shall be implemented during grading, excavation, and utility trenching activities in order to mitigate potential impacts to any undiscovered nonrenewable paleontological resources (i.e. fossils). Hvdrology and Water Quality 5. fu order to reduce potential water quality impacts, the applicant/developer shall be required to comply with the National Pollutant Discharge Elimination System (NPDES) regulations including the preparation and implementation of a Water Quality Technical ~eport (WQTR) and a Storm Water Pollution Prevention Plan (SWPPP). The WQTR shall be prepared pursuant to the provisions of the City ofChula Vista Development and Redevelopment Projects Storm Water . Management Standards Manual. The SWPPP shall be prepared pursuant to the provisions of the NPDES General Construction Permit. The applicant/developer shall also implement water quality Best Management Practices (BMPs) as approved by the City Engineer. 6, All runoff from the project area shall be directed to, and pre-treated by, a Treatment Control BMP before discharge to public storm drainage systems. The design of high efficiency BMP's such as vegetated swales shall be in accordance with criteria established by the California Stormwater Quality Association in the California Stormwater BMP Handbook (BMP#TC-30). 7. Prior to commencement of grading, temporary desilting and erosion control devices shall be installed. Protective devices shall be provided at every storm drain inlet to prevent sediment from entering the storm drain system. These measures shall be reflected in the grading and improvement plans to the satisfaction of the City Engineer and Environmental Review Coordinator. Noise 8, Pursuant to Section 17.24.050(1) of the Chula Vista Municipal Code, project-related construction activities shall be prohibited between the hours of 10:00 p.m, and 7:00 a.m. Monday through Friday and between 10:00 p.m. and 8:00 a.m. Saturdays and Sundays. 9. Prior to the issuance of building permits, the Applicant/Developer shall submit a noise report supported by data identifying specific noise attenuation features to be included in the project design, to the City of Chula Vista Environmental Review Coordinator and the City Building 17 Official demonstrating that noise levels will be less than 45 dBA for those hotel guest rooms facing south towards Otay Lakes Road, - Traffic 10, Prior to the issuance of the first building permit for Area C, the Applicant/Developer shall pay the required amount of Transportation Development Impact Fees (TDIF) as confirmed by the City of -Chula Vista City Engineer to cover its share of the cost of improvements at the intersection of Otay Lakes Road/Vons Driveway, as described in the Project's Traffic Impact Analysis (September 2007), 11. The Applicant/Developer shall be required to enter into an agreement to design, construct, and secure a fully actuated traffic signal including interconnect wiring, mast arms, signal heads and associated equipment, underground improvements, standards and luminaries prior to completing development of Area B at the intersection of Showroom Place and Fenton Street or as determined and approved by the City Engineer. The Applicant/Developer shall bond for the signal improvement prior to the issuance of the first building permit for Area B. The bond shall be in an amount equal to 200% of the engineer's estimate for development of Area B. If signal plans are submitted prior to the first building permit for Area B with an approved engineer's cost estimate, then the bond may be reduced to as low as 100% of the estimated cost. The Applicant/Developer shall also provide one shared through/right-turn lane and one left-turn lane on southbound (outbound) Showroom Place. The Applicant/Developer shall also provide one left-turn lane and one right-turn lane on northbound Fenton Street with right-turn overlap phasing. E. Consultation " 1, illdividuals and Organizations City of Chula Vista: Jeff Steichen, Planning and Building Steve Power, Planning and Building Luis Hernandez, Planning and Building Jim Newton, Engineering Luis Pelayo, Engineering Sandra Hernandez, Engineering Tom Adler, Engineering . Khosro Aminpour, Engineering David Kaplan, Engineering Richard Preuss, Police Department. Sam Escalante, Fire Department Dan Wery, Project Planner, RBF Applicant/Property Owner: IRE Development Agent: Michael A. V ogt, President 2. Documents City of Chula Vista General Plan, (December 2005) 18 Title 19, Chula Vista Municipal Code Air Quality Impact Analysis, Jones & Stokes, July 2007 Visual Analysis Report for Eastlake Corporate Center, Jones & Stokes, July 2007 Sewer Capacity Study, Eastlake Corporate Center, K&S Engineering, August 2007 Sewer Capacity Study, Eastlake Design District, K&S Engineering, August 2007 Water Quality Technical Report, Eastlake Corporate Center, K&S Engineering, August 2007 Drainage Report, Eastlake Corporate Center, K&S Engineering, August 2007 Geotechnical Soils Rpt, Vol. I & II, Eastlake Corporate Center, Geotechnics Inc., August 2007 Noise Analysis, Eastlake Corporate Center, Jones & Stokes, August 2007 Noise Analysis, Eastlake Design Center, Jones & Stokes, August 2007 Parking Study, Eastlake Corporate Center, LLG, August 2007 Parking Study, Eastlake Design District. LLG, Au~007 Traffic Impact Analysis, Eastlake Corporate Center, LLG, August 2007 " Traffic Impact Analysis, Eastlake Design Center, LLG, August 2007 Initial Study This environmental determination is based on the attached illitial Study, and any comments received in response to the Notice of Initial Study. The report reflects the independent judgment of the City of chula Vista. Further information regarding the environmental review of this project is available from the Chula Vista Planning and Building Department, 276 Fourth Avenue, Chula Vista, CA 91910. Date: Benjamin Guerrero, Senior Planner 1 :\Planning\BenG\EastlakeBusinessCenter _ MND.doc 19 ~!~ ~ ~~ ENVIRONMENTAL CHECKLIST FORM CItY OF CHUlA VISTA 1. Name of Proponent: Michael A. Vogt 2. Lead Agency Name and Address: City of Chula Vista 276 Fourth Ayenue Chula Vista, CA 91911 ~. Addresses and Phone Number of Proponent: Eastlake Corporate Center LLC 821 Kuhn Driye, Suite 100 Chula Vista, CA 91914 (619) 591-2424 4. Name of Proposal: Eastlake Business Center 5. Date of Checklist: October 11, 2007 6. Case No. 1S-07 -015 ENVIRONMENTAL ANALYSIS QUESTIONS: Less Than Potentially Significant Less Than With Issues: Significant Mitigation Significant No Impact Impact Incorporated Impact I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? 0 0 . 0 b) Substantially damage scenic resources, including, 0 0 0 . but not limited to, tress, rock outcroppings, and historic buildings within a state scenic hi~way? c) Substantially degrade the existing visual character or 0 . 0 0 quality of the site and its surroundings? d) Crea~e new source of substantial light or glare, which would adversely affect day/night views in the area? o o . o 1 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a) The project sites are located in a developed area containing a mix of commercial, residential and industrial uses. Immediately surrounding the project site are office buildings, industrial buildings, retail, residential, and roadways. The projects will alter existing views, however there are no designated scenic vistas on or near the project sites. Therefore, no impact to a scenic vista would occur as a result of this project. b) The site was previously graded as part of a mass grading effort for the entire Business Center II. There are no scenic resources such as trees, rock outcroppings, or designated historic buildings on the project site or within the immediate -project area. The Corporate Center (Area C) project is located along Otay Lakes Road, which is designated as a Scenic Roadway by the City of Chula Vista. Scenic Roadways in the City of Chula Vista have unique roadway characteristics, such as enhanced landscaping adjoining natural slopes and special design features that make traveling a pleasant visual experience. The proposed project will not impact the existing slope planting or improvements along Otay Lakes Road and therefore no impacts to the Scenic Roadway will occur. There are no State scenic highways in the project vicinity. Therefore, there are no impacts related to this issue, and no mitigation is required. c) The proposed project would improve the existing visual character and quality of the sites, which are currently vacant. The Corporate Center (Area C) is envisioned as a well-designed and attractive urban development, consisting of a hotel and office building. The Design Center will be required to have further environmental review under CEQA when site- specific development is proposed. The Design Center (Area 'B) project will not degrade the existing visual character oi' quality of the site and its surroundings. Although the project will change the visual character of the site, it would not be considered degrading given the use of the existing site. Mitigation measures include the review of the projects by the City of Chula Vista's Design Review Board, observation of the special design objectives of the Design Guidelines for Eastlake Business Center II Supplemental SPA and the City of Chula Vista Design Manual. Less than significant impacts to the visual character or quality of the site and surroundings would result from the implementation oftbis project with the mitigation measures. d.) Proper architectural design would ensure compliance with Section 19,66,100 of the Chula Vista Municipal Code, Exterior lighting would not be directed upward and would be designed and installed with appropriate shielding if necessary, to ensure that light does not spill horizontally beyond the limits of the development area onto adjacent roadways, and surrounding residential uses, Miti!!ation: Mitigation Required. See Section F of the MND. II. AGRICULTURAL RESOURCES. Would the project a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? o o o . b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? o o o . 2 Issues: c) illvolve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? Comments: Potentially Significant Impact o Less Than Significant With Mitigation Incorporated o Less Than Significant Impact o No Impact . a-c) The project site is presently located in a fully urban setting. The graded project site is neither in current .agricultural production nor adjacent to property in agricultural production and contains no agricultural ~sources or designated farmland areas. Mitil!ation: No mitigation measures are required. Ill. AIR QUALITY. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result m a cumulatively considerable net increase of any criteria pollutant for which the project regIon IS non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? 3 o o o o o o o o . . . . o o o o Issues: e) Create objectionable odors affecting a substantial number of people? Comments: a-e) See Mitigated Negative Declaration, Section E. Less Than Potentially Significant Less Than With Significant Mitigation Significant No Impact Impact Incorpora ted Impact 0 0 0 . Mith!ation: Mitigation measures are required. See MND, Section F. IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, - on any specIes identified as a candidate, sensitive, or special status speCIes ill local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc,) through direct removal, filling, hydrological interruption, or other' means? d) illterfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corrid<:>rs, or impede the use of native wildlife nursery sites? . e) Conflict with any local policies or ordinances protecting 4 o o o o o o o o o o o :' '." o o o o . . . . . Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact 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? o o o . Comments: a) The project site is located in a fully urbanized developed area. Based upon a site visit conducted on July 20, 2007 by City staff no candidate, sensitive, or special status species are present within or immediately adjacent to the proposed development area A. b) Based upon the Chula Vista MSCP Subarea Plan, no riparian habitat or other sensitive natural communities are present within or immediately adjacent to the proposed project site. Project sites B & C have been mass graded and site B is fully developed with wholesale/commercial businesses, ,'., , , c) No wetlands are present within or immediately adjacent to the proposed development area. d) Based upon the Chula Vista MSCP Subarea Plan no native resident or migratory wildlife corridors or native wildlife nursery sites exist within or immediately adjacent to the proposed development area. e) No impacts to any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance would result :tTom the proposed project development. f) No impacts to local, regional or state habitat conservation plans would result since the project site is a designated development area pursuant to the adopted Chula Vista MSCP Subarea Plan. Miti!!ation: Mitigation measures are not required. v. CULTURAL RESOURCES. Would the. project: a) Cause a substantial adverse change in the significance of a historical resource as defined in State cEQA Guidelines g 15064.5? o o . o b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to State cEQA o o o . 5 Issues: Guidelines 9 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries. Comments: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact o o No Impact o . a) There are no buildings of historic value proposed for removal project sites B & C are presently vacant of all structures. b) Project site A is fully developed and project sites B & C have been mass graded. Based on this grading no cultural resources were identified within the project area, and no previously recorded sites are located within the project boundaries. Therefore, no cultural resources will be impacted by the proposed construction, and no further archaeological investigations are recommended for this project. c) The project area and surrounding area is considered to be paleontological sensitive pursuant to the San Diego Natural History Museum records. " Mitigation: Mitigation is required. See Section F of the MND. 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 GeoJogist for the area or based on other substantial evidence of a known fault? 11. Strong seismic ground shaking? 111. Seismic-related ground failure, including liquefaction? 6 o . o o o o o o o o o o o . . . Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact IV. Landslides? . o o o b) Result in substantial soil erosIOn or the loss of topsoil? o o o . 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? o o o . d) Be located on expansive soil, creating substantial risks to life or property? o o . o e) Have soils incapable of adequately supporting the use of septic t:anks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? o o o . -. '...1 Comments: a-e) Project site "COO, where development is proposed has been previously mass graded. There are no known or suspected seismic hazards associated with the project site. The project site lies about four miles west of the La Nacion Fault Zone (an inactive fault zone). The closest recently active fault is the Rose Canyon Fault, located about 14 miles west of the site. The site is not located within an Alquist-Priolo Special Studies Zone. Therefore, project compliance with applicable Uniform Building Code standards would adequately address any building safety/seismic concerns. Geotechnics INC. prepared a Geotechnical/Soils report on August 2007. The report, approved by the City Engineering Department, states that no adverse geotechnical conditions were encountered which would prohibit the proposed development of project site C. The preparation and submittal of a final soils report will be required prior to the issuance of a grading permit as a standard engineering requirement. ill order to prevent silt discharge during construction, the developer will required to comply with best management practices in accordance with the NPDES General Construction Permit. The appropriate standard erosion control measures would be identified in conjunction with preparation of final grading plans and would be monitored and implemented during construction by the Engineering Division. Therefore, the potential for the discharge of silt into city drainage systems would be less than significant. Mitigation: Mitigation measures are required. See Section F of the MND. 7 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact VII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? o o o . b) Create a significant hazard to the public or the 0 0 0 . environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or 0 0 0 . acutely hazardous materials, substances, or waste within one-quarter IJ?ile of an existing or proposed school? d) Be located on a site which is included on a list of 0 0 0 . hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan 0 0 0 . 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 proje~t area? f) For a project within the vicinity of a private airstrip, 0 0 0 . would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere 0 0 0 . with an adopted emergency response plan or emergency evacuation plan? 8 Issues: Potentially Significant Impact Less Than Signific:nit With Mitigation Incorporated Less Than Significant Impact No Impact h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? o o o . Comments: a:.d) Project Site A is a fully developed wholesale business center. Project Site C has been mass graded and the project proposal does not involve the handling or emissions of hazardous materials. e- f) The project is not located within an airport land use plan or within two miles of an airport. g) The project as proposed and based on its location would not interfere with an adopted emergency response plan. No impacts are noted. h) The project site is not adjacent to a wildlands area. No impacts related to significant risk of loss, injury or death involving wildland fires are noted. Mitieation: Mitigation measures are not required. ., VITI. HYDROLOGY AND WATER QUALITY. Would the project: Result in an increase in pollutant discharges to receiving 0 . 0 0 waters (including impaired water bodies pursuant to the Clean Water Act Section 303(d) list), result in significant alteration of receiving water quality during or following construction, or violate any water quality standards or waste discharge requirements? a) Substantially deplete groundwater supplies or interfere 0 0 0 . substantially with groundwater recharge such that there would be a net deficit in aquifer'yolume 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? b) Substantially alter the existing drainage pattern of the 0 0 . 0 site or area, including through the alteration of the course of a stream or river, in a manner, which would 9 Issues: result in substantial erosion or siltation on- or off-site? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-. or off-site, or place _ structures within a 100-year flood hazard area which would impede or redirect flood flows? d) Expose people or structures to a significant risk ofloss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? e) Create or contribute runoff water, which would exceed the capacity of exi~g or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact o o . o o o o . o o o . " Comments: a) The proposed grading and development of vacant site C would result in changes in absorption rates, drainage patterns, and the rate and amount of surface runoff. There is a potential for an increase in pollutant discharges. However, standard BMP requirements will reduce any potential impacts to water bodies to less than significant. b) The project would not result in a substantial depletion of groundwater supplies or interfere substantially with groundwater recharge. c) The proposed grading and development of vacant site C would result in changes in absorption rates, drainage patterns, and the rate and amount of surface runoff but would n9t result in adverse impacts to streams or rivers that would result in substantial erosion or siltation. d) The proposed grading and development of vacant site C would result in changes in absorption rates, drainage patterns, and the rate and amount of surface runoff but would not result in adverse impacts to streams or rivers that would result in substantial flooding or place structures in a flood zone. e) The proposal would not expose people or structures to significant risk of loss or injury or death involving flooding. f) The proposed grading and development of vacant site C would result in changes in absorption rates, drainage patterns, and the rate and amount of surface runoff but would not exceed the capacity of existing stormwater drainage facilities, Miti1!ation: Mitigation measures are required. See Section F of the Mitigated Negative Declaration. 10 Less Than Potentially Significant Less Than With Issues: Significant Mitigation Significant No Impact Impact Incorporated Impact IX. LAND USE AND PLANNING. Wauld the proj ect: a) Physically divide an established community? 0 0 0 . b)-Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? o o . o c) Conflict with any applicable habitat conservation plan or natural community conservation plan? o o o . Comments: a. The project site is within an established industrial/residential community. The proposal would not result in a community being physically divided. b. The General Plan designates the project sites A, B & C as Business Center Manufacturing Park District. The project proposes a General Plan amendment from Limited illdustrial to Commercial Retail for Area A only. Development on Area C will be subject t? approval ofa Conditional Use Permit (CUP) and design review. c. The project would not conflict with the adopted City of Chula Vista MSCP Subarea Plan, Miti2:ation: No mitigation measures are required. x. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral o o o . 11 Issues: resource that would be of value to the region and the residents of the state? 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? Comments: Potentially Significant Impact o Less Than Significant With Mitigation Incorporated o Less Than Significant Impact o No Impact . a-b) The proposal would not result in any loss of any known mineral on-site. Pursuant to the Environmental Impact Report for the City of Chula Vista General Plan, the State of California Department of Conservation has not designated the project site for mineral resource protection. Mitigation: No mitigation measures are required. XI. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic. increase m ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles'. of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 12 o o o o o . . o . o " o o . o o o o o o . Issues: Potentially Significant Impact . Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact 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? o o o . Comments: a-d) See Mitigated Negative Declaration, Section E. e) The project is not located within an airport land use plan nor within two miles of a public airport or public use airport; therefore, the project would not expose people residing or working in the project area to excessive noise levels. f) The project is not located within the vicinity of a private airstrip; therefore, the project development would not expose people working in the project area to excessive noise levels. Miti2:ation: Mitigation measures are required. See Mitigated Negative Declaration, Section F:':;- XII. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of road or other infrastructure)? o o o . b) Displace substantial numbers of existing housing, necessitating the construction of replacemept housing elsewhere? o o o . c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? o o o . 13 Issues: Potentially Signifi.cant Impact Less Than Significan~ With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a-c) The proposal would not induce population growth or displace housing stock or people. Mitieation: No mitigation measures are required. XIll. PUBLIC SERVICES. Would the project: a)- Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any public services: Fire protection? 0 0 ....... . 0 Police protection? 0 0 . 0 Schools? 0 0 0 . Parks? 0 0 0 . Other public facilities? 0 0 0 . 14 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact' No Impact Comments: a) According to The Fire Department, the proposal would not have a significant effect upon or result in a need for new or altered fire protection services. The CVFD currently meets the City's threshold standard in the vicinity of the project A fire station (#8) is located less than a mile fi:om the project area. The payment or credit of fees will adequately mitigate potential cost impacts associated with the project. b) According to the Police Department, the proposal would not have a significant effect upon or result in a need for - .substantial new or altered police protection services. The CVPD currently meets the City's threshold criteria for Priority I Calls for Service (cFS). The payment of fees will adequately mitigate potential cost impacts associated with the project. c) The proposed project is not residential in nature and as such would not induce population growth. d) Because the proposed project would not induce population growth, it would not create a demand for neighborhood or regional parks or facilities or impact existing park facilities, e) The proposed project would not have a significant effect upon or result in 'a need for new or expanded governmental services and could continue to be served by existing public infrastructure. Mitieation: 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 . b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which have an adverse physica.l effect on the environment? o o o . 15 Issues: Comments: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a) Because the .proposed project would not induce population growth, it would not create a demand for neighborhood or regional parks or facilities nor impact existing neighborhood parks 9r recreational facilities. b) The project does not include or require the construction or expansion of recreational facilities. Mitie:ation: No mitigation measures are required. xv. TRANSPORTATION / TRAFFIC. Would the project a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the nmnber of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e,g., sharp curves or dangerous intersections) or incompatible uses (e,g., farm equipment}? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? 16 o o o o o o . . o o o o o . .... o o o o . o o . . . o Issues: g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e,g., bus turnouts, bicycle racks)? Comments: See Mitigated Negative Declaration, Section E. Potentially Significant Impact o Miti2ation: Mitigation measures are required. See Section F of the MND. XVI. UTll..ITIES AND SERVICE SYSTEMS. Would the project a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and res~urces, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has ~dequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 17 o o o o o Less Than Significant With' Mitigation Incorporated o o o o o o Less Than Significant Impact o o ...... . . o . No Impact . . o o . o Issues: Potentially Significant Impact Less Than Significan~ With Mitigation Incorporated Less Than Significant Impact No Impact f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? o o . o g} Comply with federal, state, and local statutes and - regulations related to solid waste? o o . o Comments: a) The project is located within an urban setting presently served by all utilities and service systems and would not exceed the wastewater treatment requirements of the RWQCB. Therefore, no adverse impacts to wastewater treatment facilities would occur as a result of the proposed project for Area C. b) The proposal would not require new construction nor expansion of existing wastewater treatment facilities. Development of the project will not impact existing water or wastewater treatment facilities. c) No construction of new storm water drainage facilities or expansion of existing facilities would be necessary as a result of the proposed project. The project is required to implement Best Management Practices to prevent pollution of storm drainage systems and comply with the City Storm Water Management Requirements therefore; environmental impacts would be less than significant. d) The project site is within the Otay Water District service territory. The Water District has provided a letter stating that they have the capacity to serve the proposed project. e) The City ofChula Vista has sufficient wastewater capacity to serve this project. No impacts are noted. f) The project will be served by a local landfill that has adequate capacity. g) The proposed project will comply with all state and local solid waste requirements. No impacts are noted. Mitigation: No mitigation measures are required. XVll. THRESHOLDS Will the proposal adversely impact the City's Threshold Standards? A. Library o o o . The City shall construct 60,000 gross square feet (GSF) of additional library space, over the June 30, 2000 GSF total, in the area east of Interstate 805 by buildout. The construction of said facilities shall be phased such that the City will not fall below the city-wide ratio of 500 GSF per 1,000 population. Library facilities are to be adequately equipped and staffed, 18 Less Than Potentially Significan.t Less Than With Issues: Significant Mitigation Significant No Impact Impact Incorporated Impact B) Police 0 0 . 0 a) Emergency Response: Properly equipped and staffed police units shall respond to 81 percent of "Priority One" emergency calls within seven (7) minutes and maintain an average response time to all "Priority One" emergency calls of 5.5 minutes or less. b 1 Respond to 57 percent of "Priority Two" urgent calls witlUn seven (7) minutes and maintain an average response time to all "Priority Two" calls of 7.5 minutes or less. C) Fire and Emergency Medical o o . o Emergency response: Properly equipped and staffed fire and medical units shall respond to calls throughout the City witlUn 7 minutes in 80% of the cases (measured annually). D) Traffic o . o o " , '." The Threshold Standards require that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur during the peak two hours of the day at signalized intersections. Signalized intersections west of 1-805 are not to operate at a LOS below their 1991 LOS. No intersection may reach LOS "E" or "F" during the average weekday peak hour. illtersections of arterials with freeway ramps are exempted from this Standard. E) Parks and Recreation Areas o o o . The Threshold Standard for Parks and Recreation is 3 acres of neighborhood and community parkland with appropriate facilities/l,OOO population east ofI-805. F) Drainage o . o o The Threshold Standards require that storm water flows and volumes not exceed City Engineering Standards. illdividual projects ~ll provide necessary improvements consistent with the Drainage Master Planes) and City Engineering Standards. 19 Issues: Potentially Significant Impact Less Than Significant With . Mitigation Incorporated Less Than Significant Impact No Impact G) Sewer 0 0 . 0 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. If} Water 0 0 0 . The Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and that water quality standards are not jeopardized during growth and construction. Applicants may also be required to participate in whatever water conservation or fee off-set program the City of Chula Vista has in effect at the time of building permit issuance. "' , ...~ 20 Issues: Potentially Significant Impact Less Than SignificaQt With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a) The project would not induce population growth; therefore, no impacts to library facilities would result. No adverse impact to the City's Library Threshold standards would occur as a result of~e proposed project. b) No adverse impact to the City's Police threshold standards would occur as a result of the proposed project. Police Department states that they can continue to provide service at current levels c} According to the Fire Department, adequate fire protection and emergency medical services can continue to be - provided to the site. Although the Fire Department has indicated they will provide service to the project, the project will contnDute to the incremental increase in fire service demand throughout the City. This increased demand on fire services will not result in a significant cumulative impact. No adverse impact to the City's Fire threshold standards would occur as a result of the proposed project d) The SUlTOlmding street segments and intersections continue to operate in compliance with the City's Traffic Threshold Standards at acceptable LOS levels with the exception of the intersections of Otay Lakes RoadIV ons Driveway and Showroom PlacelFenton Street, which operate at an LOS "F~-during PM peak hours with or without the project. The intersection impacts to Otay Lakes Road/V ons Driveway are considered to be cumulative. The traffic impacts to Showroom PlacelFention Street are considered to be direct fu order to reduce the cumulative and dire~t impacts, mitigation is required. See Mitigated Negative Declaration, Section F. " ...,....1 e) The project does not propose residential development; therefore, this Threshold Stanruri-d is not applicable. f) The applicant proposes new drainage facilities on the project site in order to properly convey stormwater from the developed site to existing city drainage facilities. No adverse impacts to the City's storm drainage system or City's Drainage Threshold standards will occur as result of the proposed project. g) Based on the Sewer study prepared by K&S Engineering on August 2007, the Engineering Division has determined that the existing sewer facilities are adequate to serve proposed project development on Area C and existing and proposed development on Area A only. No new sewer facilities are anticipated to be required and no adverse impacts to the City's Sewer Threshold standards will occur as a result of the proposed project h) Pursuant to correspondence received from the Otay Water District, the District has the terminal long-term water storage capacity to serve the proposed project. Otay Water District indicates that water service can be provided at the required pressures once the owner makes all necessary district deposits to cover engineering and inspection costs. The existing domestic water services and fire service that currently service the project site are adequate and will not need to be altered. Project impacts to the District's storage, treatment, and transmission facilities would be less than significant. Mitigation: Mitigation Required (Drainage) See Section E & F of the MND. 21 Issues: XVIII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal - community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects. of a project are considerable when viewed in connection ~th the effects of past projects, the effects of other current project, and the effects of probable future projects.) c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Comments: PotentiaUy Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact o o o . o . o o " .., o . o o a) The project site presently consists principally of graded land and developed commercial land uses. The project site is located within an established urbanized community. The site lies within the designated development area of the adopted Chula Vista MSCP Subarea Plan. There are no sensitive plant or animal species or cultural resources on the site. b) As described in the Mitigated Negative Declaration, significant direct and cumulative project impacts would be mitigated to below a level of significance through the required mitigation measures c) The project does not propose or have environmental effects, which will forseeably cause substantial adverse effects on human beings, either directly or indirectly, 22 XIX. PROJECT REVISIONS OR MITIGATION MEASURES: Project mitigation measures are contained in Section F, Mitigation Necessary to A yoid Significant Impacts, and Table 1, Mitigation Monitoring and Reporting Program, of Mitigated Negatiye Declaration IS-07 -015. XX. AGREEMENT TO IMPLEMENT MITIGATION MEASURES By signing the line(s) provided below, the Applicant and Qperator stipulate that they have each read, understood and have their respective company's authority to and do agree to the mitigation measures c_ontained herein, and will implement same to the satisfaction of the Environmental Review Coordinator. Failure to sign the line(s) provided below prior to posting of this Mitigated Negative Declaration with the County Clerk shall indicate the Applicant's and Operator's desire that the Project be held in abeyance without approval and that the Applicant and Qperator shall apply for an Environmental Impact Report. Eastlake Corporate Center, LLC, a California limited liability company By: IRE Enterprises, Inc., a California Corporation, managing member 23 /O-I/-cJ7. Date XXI. ENVIRONMENTAL F ACTORS 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. . Land Use and Planning o Population and Housing o Geophysical o Agricultural Resources _. HydrologyfWater . Transportation/Traffic o Biological Resources o Energy and Mineral Resources o Public Services o Utilities and Service Systems . Aesthetics o Hazards and Hazardous Materials o Cultural Resources . Air Quality . Paleontological Resources . Noise o Recreation o Mandatory Findings of Significance XXII. DETERMINATION: On the basis of this initial evaluation: I fmd that the propo~ed project could not have a significant effect on the environment, 0 and a Negative Declaration will be prepared. :~;, I find that although the proposed project could have a significant effect on the . environment, there will not be a significant effect in this case because revisions in the project have been made or agreed to by the project proponent. A Mitigated Negative Declaration will be prepared. I fmd that the proposed project may have a significant effect on the environment, and 0 an Environmental Impact Report is required. I find that the proposed project may have a "potentially significant impact" or "potentially 0 significant unless mitigated" impact on the environment, but at least one effect: 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as descnoed on attached sheets. An Environmental Impact Report is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, 0 because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Benjamin Guerrero Senior Planner City of Chula Vista Date 24 APPENDIX '~A" Photo simulation for Design District Area B " " Existing Condition IRE DEVELOPMENT Eastlake Design District Chula Vista, California Conceptual Development "'7' rOCUS3GU .. ~"., -., r ~...... ~ ~, ,. . ~.' ,\ Existing Condidon IRE DEVELOPMENT Eastlake Design District Chula Vista, California Conceptual Development ~ fUCU5360 .r>", ~. ,'. . , .. " Existing Condition IRE DEVELOPMENT Eastlake Design District Chula Vista, California Conceptual Development --;;- fOCUSHO , ,,~ ,..,..., , ........ ~ -., . , , -". ;::, Existing Condition IRE DEVELOPMENT Eastlake Design District Chula Vista, California Conceptual Development 7- rOCUSJ6U ( ~...... ~. '.. . Existing Condition .. ,. IRE DEVELOPMENT Eastlake Design District Chula Vista, California Conceptual Development "7' fOCUS36U , ~.. .... ~". . ... . , , Existing Condition IRE DEVELOPMENT Eastlake Design District Chula Vista, California Conceptual Development '7' fOCUSJ60 , "...... ~ ~ .. . "4. . " ATTACHMENT 3 Planning Commission Resolution, PCC-07-071 RESOLUTION NO. PCC-07-071 RESOLUTION OF THE CITY OF CHULA VIST A PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT, PCC-07-071 TO CONSTRUCT AND OPERATE A HOTEL AT 2430 FENTON STREET IN THE EASTLAKE BUSINESS CENTER. APPLICANT: INNKEEPERS, USA. WHEREAS, on May I, 2007, a duly yerified application for a Conditional Use Permit was filed with the City of Chula Vista Planning and Building Department by Innkeepers, USA ("Applicant"); and WHEREAS, the application requests approval of a Conditional Use Permit to allow construction and operation of a hotel ("Project"); and WHEREAS, the area of land which is the subject of this Resolution is an existing vacant parcel located at 2430 Fenton Street within the Eastlake Business Center ("Project Site"); and WHEREAS, The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Quality Act (CEQA) and has conducted an Initial Study, IS-07 -015 in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that the Project would not result in significant effects on the environment, if mitigated. Mitigation would avoid any potential significant effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-07-015 and on November 5, 2007, the Resource Conservation Commission determined that Mitigated Negative Declaration for the proposed design was adequate and recommended its adoption; and WHEREAS, the Director of Planning and Building set the time and place for a hearing on the Conditional Use Permit application, and notice of the hearing, together with it 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 28, 2007 at 6:00 p.m, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed; and WHEREAS, after considering all reports, evidence and testimony presented at the public hearing with respect to the Project, the Planning Commission voted to approve the Project. Page 2 November 28, 2007 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Chula Vista that it finds that, in the exercise of its independent judgment, as set forth in the record of this proceeding, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-07-015), which is on file in the Planning and Building Department has been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), and the Environmental Review Procedures of the City of Chula Vista; and that the Project's environmental impacts will be mitigated by adopting of the Mitigation Measures described in the Mitigated Negative Declaration, and contained in the Mitigation Monitoring and Reporting Program, and that the Mitigation Monitoring and Reporting Program is designed to ensure that during Project implementation, the Owner and/or Applicant and any other responsible parties implement the project components and comply with the Mitigation Monitoring Program, BE IT FURTHRE RESOLVED by the Planning Commission of the City of Chula Vista that it makes the following findings: 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. A hotel at this location is necessary and highly desirable to provide lodging and meeting facilities for businesses and corporate employees visiting the Eastlake Business Center. Currently there are no hotels within the Eastlake Planned Community or within the adjacent Planned Communities such as Rancho Del Rey, Otay Ranch, and San Miguel Ranch. The nearest hotels are located adjacent to the 805 Freeway and in several locations on the eastern side of Chula Vista. The hotel will have several meeting rooms for the surrounding business, as well outdoor pool/spa, indoor restaurant, bar, and an exercise room for the hotel guest. The hotel and meeting rooms will encourage business growth by allowing business travelers or clients to stay at a hotel conveniently located near professional and corporate offices, 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 hotel and conference facility, architectural design quality and hotel franchise service reputation would complement the existing Eastlake employment center and eastern Chula Vista as a whole. In addition, the hotel facility will provide additional employment for residents of Chula Vista and surrounding communities, The Project's environmental impacts will be mitigated by adopting of the Mitigation Measures described in the Mitigated Negative Declaration, and contained in the Mitigation Monitoring and Reporting Program, and that the Mitigation Monitoring and Reporting Program is designed to ensure that during Project implementation, the Owner and/or Applicant and any other responsible parties implement the project components and comply with the Mitigation Monitoring Program. Thus, approval of this conditional use permit will not be Page 3 November 28, 2007 detrimental to the health, safety and general welfare of persons residing and working in the vicinity. That the proposed use will comply with the regulations and conditions specified in the code for such use. With the exception of the maximum building height regulation, the hotel, as conditioned, will comply with the current Eastlake II Sectional Planning Area (SPA) plan, Planned Community District Regulations, Design Guidelines and other associated regulatory documents. Approval of the conditional use pennit is contingent upon City Council approval of the proposed Planned Community District Regulations and the Ordinance approving the change entering into effect. The proposed Planned Community District Regulations will change the maximum building height from 35 ft to 76 ft, setbacks, etc. That the granting of the Conditional Use Permit will not adversely affect the General Plan of the City, or the adopted plan of any government agency. The establishment and operation of a hotel at this location is consistent with the General Plan and the Eastlake Planned Community General Development Plan, Sectional Planning Area Plan, which will be revised through the SPA Amendment, and other associated regulatory documents. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION, BASED ON THE FINDINGS ABOVE, approves the Conditional Use Pennit subject to the following conditions: 1. The following shall be accomplished to the satisfaction of the City, prior to issuance of building pennits, unless otherwise specified: Planning 1. Applicant shall develop and maintain the Project Site in accordance with the approved plans, which include site plans, floor plan, and elevation plan on file in the Planning Division, the conditions contained herein, and Title 19, 2, Prior to, or in conjunction with the issuance of the first building pennit, pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ-1447, 3. Approval of this Conditional Use Pennit is contingent upon City Council approval of Sectional Planning Area (SPA) Amendment, PCM-07-04, the ordinance amending the Planned Community District regulations, and City Council adoption of the Mitigated Negative Declaration (IS-07-015), Page 4 November 28, 2007 4. Applicant shall implement, to the satisfaction of both the Planning and Building Department and the City Engineering Department, the mitigation measures identified in the Mitigated Negative Declaration (IS-07-015) and Mitigation Monitoring and Reporting Program. 5, The Applicant shall submit a fully executed copy of a reciprocal access and parking agreement between the two owners for the joint use of both driveways and parking spaces on each lot. The terms of the reciprocal access and parking agreement shall be acceptable to the City. 6, Applicant shall conduct a parking survey after the hotel has been open for six months to detennine the actual parking demand and parking availability on the site. In the event that parking demand is higher than originally anticipated, both owners shall enter into a shared parking agreement with the City. 7, Applicant shall ensure that the Project Site shall comply with the City's Municipal Code Perfonnance standards. If on review the City finds that the Project Site does not meet the Municipal Code Perfonnance standards, the City may revoke or modify the Conditional Use Pennit. Engineering Department 8. The Applicant shall comply with all requirements ofthe Engineering Department. Fire Department 9. The Applicant shall comply with all requirements of the Fire Department. II. The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 10. The Applicant shall install all landscaping and hardscape improvements III accordance with the approved landscape plan. II, 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, 12, Approval of the Conditional Use Pennit shall not waive compliance with all sections of Title 19 of the Municipal Code, and all other applicable laws and regulations in effect at the time of building pennit issuance, 13. This Conditional Use 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 Page 5 November 28,2007 after advance written notice to the Applicant and after the City has given to the Applicant the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive the Applicant of a substantial revenue source which the Applicant, in the nonnal operation of the use pennitted, be expected to economically recover. 14, The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold hannless 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 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 on the Project Site, The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Conditional Use Pennit where indicated below, The Property Owner's and Applicant's compliance with this provision shall be binding on any and all of the Property Owner's and Applicant's successors and assigns. 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, III. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document signing on the lines provided below, indicating that the Property Owner and Applicant have each read, understood and agreed to the conditions contained herein, and will implement same, 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/or Applicant, and a signed, stamped copy returned to the City's Planning and Building Department. Failure to return the signed and stamped copy of this recorded document within 10 days of recordation shall indicate the Property Owner/Applicant's desire that the project, and the corresponding application for building pennits and/or a business license, be held in abeyance without approval. Signature of Property Owner 2430 Fenton Street Date Signature of Applicant Date Page 6 November 28, 2007 IV. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their 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, Failure to satisfy the conditions ofthis pennit may also result in the imposition of civil or criminal penalties, V. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Planning Commission that its adoption of this Resolution is dependent upon the enforceability of each and every 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. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 28th day of November, 2007, by the following vote, to- wit: AYES: NOES: ABSENT: William Tripp, Chair ATTEST: Diana Vargas, Secretary J:\Planning\Caroline\Discretionary Permits\PCC-07-071 PC Reso.doc " ATTACHMENT 4 Eastlake Corporate Center Parking Study September 7, 2007 Mr. Alan Huffman IRE Development 821 Kuhn Drive, Suite 100 ChuIa Vista, CA 91914 LLG Reference: 3-07-1731 Subject: Eastlake Corporate Center Parking Study Dear Mr. Huffman: INTRODUCTION This parking study has been prepared for the proposed Eastlake Corporate Center project. The proposed project is located on Lane Avenue between Qtay Lakes Road and Fenton Street, and is to be developed with approximately 120,000 square feet (SF) of office uses providing 433 parking spaces and a 156-room hotel with 8,837 SF conference room providing 163 parking spaces. . The purpose of this parking study is to provide guidance to the City of Chula Vista ("City") to determine the adequacy of parking provided on-site. The City does not have standards that specifically address hotels with conference room space. If the City's "dance hall, assembly hall, exhibition hall" parking standard is applied to conference room space, it will result in an unnecessary amount of excess parking, Several analyses were completed using City Parking standards and the standards of other jurisdictions, Parking rates from other jurisdictions were used since the City of Chula Vista standards are not clear regarding required parking for conference room space. The parking analysis takes into account the fact that the hotel and office peak at different times of the day. This is d~e to the fact that the hotel is not a tourist- oriented hotel but is a business hotel. ' The target market for the hotel is business travelers visiting local companies to transact business or corporate executives visiting a satellite office in Chula Vista. The conference room space will be used by business travelers and local companies to hold small conferences or meet in a space larger than the typical office conference room. The hotel peak demand occurs in the middle of the night while the office peak demand occurs at 10:00 AM a!lct continued until approximately 4:00 PM. Since peak demand fro each use occurs at different times, the uses are compatible and the number of parking spaces required for each use is sufficient. LINSCOTT LAW & GREENSPAN engineers Engineers & Planners Traffic Transportation Parking Unscott. Law & Greenspan. Engineers 4542 Ruffner Street Suite 100 San Diego, CA 92111 851.300.IlOO T 858.300.8B10 F wwwJlgengineers.com Pasadena Costa Mesa San Diego Las Vegas PhilIp M, unseal!. PE 1192"XIIOI Jack M. Greensoan. PE IIIrtJ Wililm A. 1.Iw. PE:1IotJ Paul W. Wilkinson. PE John P. K.aD.... PE OaVld S. Shender. PE John A. Boarman. PE Clar. M. LOOI,Jleg.r. PE Ricn.ro E. 3."ellD. PE Ked O. MaDllrv. PE .1ft tG:WB c.o.a..., ;,...,.,.". Mr. Alan Huffman September 7, 2007 Page 2 METHODOLOGY The following methodology was utilized to determine the f<;:>recasted parking demand: All scenarios use City of Chula Vista parking code for the office component. The four jurisdictions / agency, that were utilized to determine the parking rate for hotels are as follows: 1. City of Chula Vista rates 2. ITE (Institute of Transportation Engineers) rates 3. City of Carls bad rates 4. City of San Diego rates Although the City of Chula Vista Parking code does not require additional parking for conference space, the methodology includes parking for conference space at one (1) space per one hundred (100) SF of conference room, during the peak hours of 10:00 AM through 4:00 PM for the office, which is also the time period during which the conference space will be most heavily utilized. ANALYSIS A shared parking analysis using Urban Land Institute (ULl) accumul~tion percentages (Appendix A) was completed for the four scenarios as described below: Scenario 1 City of Chula Vista current parking rates (Appendix B) were used for both the hotel and office space. A parking rate of one (1) per three hundred (300) SF of gross floor area for office; and one (1) per room + one (1) per every twenty-five (25) rooms for hotel was used. In addition, an analysis including a possible one (1) space per one hundred (100) SF of conference room was used. As seen in Table 1, the office requires four hundred (400) spaces, the hotel requires one hundred sixty-two (162) spaces per code, and the conference room would require eighty-eight (88) spaces for a total of six hundred and fifty-eight (650) spaces. A shared parking analysis using the Urban Land Institute (ULl) accumulation percentages was performed and the required maximum parking is five hundred and si.."'(ty-one (561) spaces. The project proposes to provide five hundred and ninety-six (596) spaces or, thirty-five (35) spaces more than the maximum required with the accumulation analysis. It should be noted that the City of Chula Vista current parking code does not indicate if conference room Imeeting space requires additional parking for hotels. However, the. calculation of one (1) space' per one hundred (100) SF of conference room is a calculation used for hotels in the City of San Diego and in the Tourist area of the City of Carlsbad and was used in this report for comparison purposes to ensure that adequate parking is provided for the conference room, '< !",: ,,1I.1It"\: !'::n 1111" ,:':..,;, ~ ..:.~ 'l'1\;:r ~~~'~ engineers Mr, Alan Huffman September 7, 2007 Page 3 LINSCOTT LAW & GREENSPAN engineers l.'se Office Hotel Conference Room Total SF Rooms SF SF Size 120,000 156 8,837 I Parking Rate 11 300 SF of gross 11 room + 1 per 1 per 100 SF of gross fI oor area every 25 rooms floor area Required Spaces 400 162 88 650 Actual Spaces 433 163 - I 596 Hour of Day I 6:00 AM 12 162 0 174 7:00 AIv! 80 138 0 218 8:00 AM 252 105 0 357 9:00 AM 372 89 0 461 10:00 AM 400 73 88 561 11:00 AM 400 57 88 545 12:00 PM 360 49 88 497 1 :00 PM 360 49 88 497 2:00 PM 388 57 88 533 3:00 PM 372 57 88 517 4:00 PM 308 73 88 469 5:00 PM 188 97 0 285 6:00 PM 92 114 0 206 7:00 PM 28 122 0 150 8:00 PM 28 146 0 174 9:00 PM 12 154- 0 166 10:00 PM 12 162 0 174 11:00PM 0 162 0 162 12:00 AM 0 162 0 162 Ma;dmum Required Parking 561 Total Parking Provided 596 Excess Parking 35 I TABLE 1 CITY OF CHULA VISTA RATE FOR HOTEL ACCUMULATION BYTHE HOUR Note: Parking for conference space is JSsumed :It une (1) space per one hundred (100) SF of conference room, during the peak hours of [0:00 .-\M through ~:OO PM for the office. which is also the time period during which the conference space will be most heavily utilized. 4 '.' ,n.1I ~'\~ ~..:,: .'. ,', .. :~I ..,\: :',:," , Mr. Alan Huffman September 7, 2007 Page 4 Scenario 2 The City of Chula Vista parking code was used for the office space and ITE parking rate for the hotel (Appendix C). A parking rate of one (1) per three hundred (300) SF of gross floor area for office; and (1. 13*number of rooms-60) for the hotel was used. As seen in Table 2, the office requires four hundred (4007) spaces and the hotel requires one hundred and eight (108) spaces per code, or a total of five hundred and :.eight (508) spaces. A shared parking analysis using the Urban Land Institute (ULI) accumulation percentages was performed and the required parking is four hundred and forty-nine (449) spaces. The project proposes to provide five hundred and ninety-six (596) spaces or, one hundred and forty-seven (147) spaces more than the ma.."'(imum required with the accumulation analysis. " . ~ I , n. ill'l! ~"~ 7 f . ..' , , .' :~. . ,," ,":::r e"gi"eers " Mr. Alan Huffman September 7,2007 Page 5 UNseOTT LAw & GREENSPAN T A8LE 2 ITE RATE FOR THE HOTEL engineers Use Office Hotel Total SF Rooms Size 120,000 156 - Parking Rate 1 I 300 SF of gross floor area 1.13*(# of Rm-60) Required Spaces 400 108 508 Actual Spaces 433 163 596 I Hour Of Day Total I 6:00 AM 12 108 120 7:00 AM 80 92 1-'" J_ 8:00 AM 252 71 3:3 9:00 AM 372 60 ~3: 10:00 AM 400 49 449 11:00 AM 400 38 438 12:00 PM 360 33 393 1:00 P~I 360 33 393 2:00 PM 388 38 426 3:00 P~I r'" 38 410 1- 4:00 PM 308 49 357 5:00 P~I 188 65 .,,,~ --oJ 6:00 P~f 92 76 168 7:00 PM 28 81 109 8:00 P~I 28 98 126 9:00 PM 12 _ 103 liS I 0:00 P~I 12 108 120 II:OOPM ,0 108 108 12:00 AM 0 108 108 Ma..timum Required Parking 449 Total Parking Provided 596 Excess Parking 147 I ACCUMULATION BYTHE HOUR '. .~, ,h,IIt"I:~"~n~m.:.;I\::..,;, _'-.~: . . Mr. Alan Huffman September 7, 2007 Page 6 Scenario 3 The City of Chula Vista parking rate was used for the office space and City of Carlsbad parking rates (Appendix D) were used for Hotel and Conference Spac_e. A parking rate of one (1) per three hundred (300) SF of gross floor area for office; and twelve (12) spaces per ten (10) rooms for hotel and one (1) per hundred (100) SF of Conference Space was used. As seen in Table 3, the office requires four hundred and _ seven (400) spaces, the hotel requires one hundred and eight-seven (187) spaces and -!he Conference Area requires eighty-nine (88) spaces per code, or a total of six hundred and seventy-five (675) spaces. A shared parking analysis using the Urban Land Institute (ULI) accumulation percentages was performed and the required parking is five hundred and seventy- three (573) spaces. The project proposes to provide five hundred and ninety-six (596) spaces or, twenty-three (23) spaces more than the maximum required with the accumulation analysis. '/1,,1 ;:'\1 ~"\n 1:'1.: .., ':;..,;, :~' ".. LlNSCQTT LAW & GREENSPAN el1gil1eers ---- Mr. Alan Huffman September 7,2007 Page 7 LINSCOTT LAW & GREENSPAN - Use Office Hotel Rooms * Conference Room Total SF SF SF Size 120,000 156 8,837 Parking Rate 1 per 300 SF ofGFA 1,2 spaces per room 1 per 100 SF Required Spaces 400 187 88 675 Actual Spaces 433 163 - I 596 Hour of Day I 6:00 AM 12 187 - 199 7:00 AM 80 159 - 239 8:00 AM 252 122 44 418 9:00 AM 372 103 88 563 10:00 AM 400 84 88 573 11 :00 AM 400 66 88 554 12:00 PM 360 56 . 88 505 1 :00 PM 360 56 "88 505 2:00 PM 388 66 88 542 3:00 PM 372 66 88 526 4:00 PM 308 84 88 481 5:00 PM 188 112 88 389 6:00 PM 92 131 88 311 7:00 P:vI 28 140 88 257 8:00 P:vI 28 168 88 285 9:00 PM 12 178 88 278 1 0:00 P~[ 12 187 44 243 11 :00 P~[ - - 187 187 - 12:00 AM - 187 - 187 Ma."timum Required Parking 573 Total Parking Provided 596 Shortfall in Parking 23 TABLE 3 CITY OF CARLSBAD RATES FOR THE-HoTEL AND CONFERENCE SPACE ACCUMULATION BY HOUR ' engineers Foornotes: GFA - Gross Floor Area * Based on City of CJrlsbad rote ,n.Ut.O:: ,";,I'IIH.:: .,n~II~,I,."ln ':u, ::~:.:r MI. Alan Huffman September 7, 2007 PageS . Scenario 4 TIe City of Chnla Vista parking rate was used for the office space and City of San Diego parking rates (Appendix E) were used for the hotel and conference space. A parking rate of one (1) per three hundred (300) SF of gross floor area for office;- one (1) space per room for hotel and ten (10) spaces per Qne thousand (1,000) SF of conference space was used. As seen in Table 4, the office requires four hundred (400) spaces, the hotel requires one hundred and fifty-six (156) spaces and the conference -:.area requires eighty-eight (88) spaces per code, or a total of six hundred and forty- -four (644) spaces. A shared parking analysis using the Urban Land Institute (ULI) accumulation percentages was performed and the required parking is five hundred and fifty-nine (559) spaces. The project proposes to provide five hundred and ninety-six (596) spaces or, thirty-seven (37) spaces more than the ma.ximum required with the accumulation analysis. ',n.IJ~'I: ~':.n\I~~ ..I;:U_\L) ,"::'1::'1." ~'~!l'! "'-" LJ NSCOTT LAW & GREENSPAN e"gi "eers --- -- Mr. Alan Huffman September 7, 2007 Page 9 UNSCOTT LAW & GREENSPAN e"gi"eers -;. - Use Office Hotel Rooms * Conference Room Total SF SF SF Size 120,000 156 8,837 Parking Rate 1/ 300 SF of gross floor area I per room 10/1000 SF Required Spaces 400 156 88 652 Actual Spaces 433 163 - 596 I Hour of Day 6:00 AM 12 156 0 168 7:00 A1\11 80 133 0 213 8:00 A1\11 252 101 ~ 398 9:00 AM r" 86 88 546 I~ 10:00 AM 400 70 88 559 11:00 AM 400 ,,- 88 543 I ~J 12:00 PM 360 47 88' 495 1:00 PM 360 47 88 495 2:00 PM 388 55 88 531 3:00 PM r" 55 88 515 I~ 4:00 PM 308 70 88 467 5:00 PM 188 94 88 370 6:00 PM 92 109 88 290 7:00 P~[ 28 117 88 233 8:00 PM 28 140 88 257 9:00 PM 12 148 88 249 10:00 PM 12 - 156 44 212 11:00 PM 0 156 0 156 12:00 AM 0 156 0 156 Ma:timum Required Parking 559 Total Parking Provided 596 Excess Parking 37 TABLE 4 CITY OF SAN DIEGO RATES FOR THE HOTEL AND CONFERENCE SPACE ACCUMULATION BY HOUR Footnote: * Based on City of San Diego rate for Conference! meeting space " ~'l ,n.IIC'!I~":nt:~:.!.:n,.,;" ~':~i~I:'I: ~'1I~'r,:.'~ Mr, Alan Huffman September 7,2007 Page 10 Summary - . Table 5 summarizes the parking supply and demand calculation results for the four scenarios that ~ere analyzed. TABLE 5 PARKING DEMAND AND SUPPLY SUMMARY Jurisdiction Rates Proposed Parking Calculated Excess Supply Parking Demand 596 561 35 596 449 147 596 573 23 596 559 37 Office Hotel 1. City of Chula Vista 2.ITE 3. City of Chula Vista 4. City of Chula Vista City of Chula Vista ITE City of Carlsbad City of San Diego Footnote: ITE: - Institute ofTransponation Engineers Conclusion In conclusion, the analysis shows that for each of the four scenarios considered in this analysis, the parking supply exceeds the parking demand. It may be noted that for the City of Chula Vista analysis (Table 1), it is assumed that the conference rooms'are utilized between the hours of 10:00 A.v! and 4:00 PM. Should the City find it necessary, the City could require additional parking studies after the hotel is built. If adequate parking is not available, the hotel should enter into a shared parking agreement with the office building to ensure the overall parking supply exceeds the demand as a condition of the Conditional Use Permit. Although the' study concludes that shared parking is not necessary, a shared parking analysis was used to help reach this conclusion. Furthermore, should a private or public shared parking arrangement be needed in the future, any subsequent study will be aided by the shared parking analysis contained in this report. It is our professional opinion, based on. the above analysis that the provision of 596 parking spaces will adequately serve the proposed land uses, Please call me if you have any questions, Sincerely, Linscott. Law and Greenspan. Engineers John Boarman. P .E. Principal NaI:lsimha Prasad Sc:nior Transportation Enginee~ " ".1 ,h;III:II\":n'T1~.,j\:.;.,',,,"':;n::'-': ,'~~:.:f.:"~ LINSCOTT lAW & GREENSPAN engineers - ApPENDIX A Urban land Institute Accumulation Rates A STUDY CONDUCTED UNDER THE DIRECTION OF UU-T"E URBAN lAND INSTITUTE BY BARTON-ASCHMAH ASSOCIATES, IKC. .I .l- I ~ , I I - I I I I I M - - I I I - I EXHIBIT 28 REPRESENTATIVE HO~Y ACCU~ULATION BY ~~~~ PERCENTAGE OF-PEAK HOUR .... .... ~ I,. I I: ..oIb..,., ItaW... . . . -") c.J.n_ eo..... exs.. ..... bltu"" au_ r.o~DI dol ICICI On.. .... ~ inu.,...vt.M.,; ....... .c.re. 1- " 0., .......", SM..., W..U., SlS.w4., Yc.kU, s.n.u, D"" ... ,...., '"",~...'J' ~ ~ 6:00 ~IL 3'" ri: 100'r. 100% .1~ 100')(, 90% Z~ 20'X. 7:00 Lift. 20 20% 3% Z" 87 95 95 as 70- 20 ZO 8:110 LIII. 63 60 18 10 3 79 88' 90 65 60 20 20 50'\ 50% 9:00 LDI. 93 80 tZ 30 6 73 'I , a1 55 so .20 . 20 100 100 _ 10:00 &.:II. JOO 80 63 45 a 63 11 85 tS to 20 20 100 100 - 11:00 LJII. 100 100 87 13 10 59 I 11 as 3S 3S 30 30 100 100 -12:00 lloon 90 100 97 85 30 ..J0'!ro 60 11 85 30 30 SO 30 100 100 1:00 p.m. 90 80 100 95 t5 " 10 59 fg) as . 30 30 10 405 100 100 2:00 p.m. 91 60 91 100 1S '.70 60 11 as 3S ~., 60 qr 100 100 WI P.II. 93 iO 9S 100 is '70 61 73 as 305 055 100 100 1:00 p.m. 77 40 a7 90 105 ,70 66 15 81 45 50 50 15 100 100 5:00 p.m. i7 20 79 75 60 ~ 71 al 90' 60 60 70 60 100 100 6:00 p.m. 2.3 20 82 .65 90 85 as 92 70 70 90 90 100 \00 y-'liQ!U\.0- 7 20 @ 60 95 90 94 87 94 705 SO 100 905 100 100 , ; 8:110 P.DL 7 20 055 ioo 100 96 '12 96 00 '10' \00 100 \00 100 I 9:00 p.m. 3 61 10 100 100 98 905 98 .95 905 100 \00 ICO' ICO J10:!0 p.m. 3 32 38 905 ICC 99 96 99 100 100 90 905 SO 50 11:00 p.m. 13 13 as 80 \CO 98 100 100 100 70 805 1,2:00 Mid. 1{J' 70 100 100 LOO 100 100 so 70 Dieht involving office. regional retail. and residerrtia1 facili' SAMPLE USE OF THE METHODOLOGY,' ties (see ex1u'bit 28). Nonroom-related hotel activities l. and entertainment uses varied significantlY, however. If site. specific data. are not available for these two land uses, smvey results could be used. ' Accumulation curves are t.l1en estimated for each land use. 'based on t1.e selected hourly values de. scribed in terms of the percent of maximum design.day parking demand expected at every hour during the day. The parking demand factor (step 2) multiplied by quantitTJ of land use (step 1) produces an estimate of peak parking dema."1d. This value multiplied by each hourly percentage produces an estimate of parking - demand for every land use component by hour of day. STEP 4: ESTIMATE OF SHARED PARKING The hourly parking demand for each land use is merg~d to estimate overail shared parking demand for a propo3cd projec~ This step is simply the hour.by. hour addition of parking demand for each use to esti- mate the aggregate acc:.lmulation. As noted previously, the method. descrfoed above should be used for week. day and Sa.turdav condi lions to test for the controlling value.. - The following sample situation has been devised to demonstrate the use of the recommended methodolog'J. 1. Objective: To estimate the peak parkID.g require- ments for a proposed mi.,<ed.use development. 2, Plan: The proposed development has the following components: · Office = 400,000 square feet GLA . Retail = 300,000 square feet GLA . Hotel = 500 rooms plus 5,000 square feet of restaurant and conference facilities with 200-sea.t capacity. 3. Location: The project will be located in the dawn. town of a medium'size urban community whose regional population is a.pproximately 1.5 million. 4. Mode sPlitJ? Based on. su'rveys conducted at exist. ing developments in the downtown, it is estimated that 75 percent of employees and patrons a.nd 50 percent of hotel g'.lests will use autos. The number of persons per auto is assumed to be typical (1,2 for employees, 1.8 for patrons. 1.4 for hotel guests]. 17'Mo~e split. refers to the percentage of people at J. site who use ~ pa.rtlcular ;I:ode of :ra.ns1:ortaticn. with the tow of J.i! modes equaling 100 perc:mt. . 47 5. Captive market: Based upon regional market su:. veys, it is estimated that 15 percent of all retail patrons will be office employees within the develop- ment. It is also estimated that 50 percent, of the hotel restaurant patronage will be generated out- slde the development. The unadjusted peak parking demand ratios (see Appendix C) for the component land uses are as follows: . Weekday Office: 3.0 parking spaces per 1,000 square feet GLA Retail: 3.8 spaces per 1,000 square feet GLA . ..~. Hotel rooms' 1.2-5 I ~pa#'s--'p'eI'J room~i~'-' \i~"';';~" Hotel restau~ant; '~0.:O:'~~~~;W~1~['i!!{~ne~t GLA ~~r1~:I" Hotel conference rooms: 0:i1~ce'.~r;.I.-'5'eat~" . Saturday Office: 0.5 padcing space per 1,000 square feet GLA Retail: 4.0 spaces per 1,000 square feet GLA Hotel rooms: 1.25 spaces per room Hotel restaurant: 10.0 spaces per 1,000 square feet GLA Hotel conference rooms: 0.5 space per seat: . . ,tE~tijUU."~l\WailiQ.~.tf.~6A..~tffii.""'.rfe.~.a. ~p.'e..:.i~if~t~ge of. . ~iard~''e~a~~~!f~~f~~~~~m~~6si' .. . Weekday Office: 3.0 x 0.75 = 2.25 parking spaces per 1,000, square feet GLA . Retail: 3.8 x 0.75 = 2.85 spaces per 1,000 square feet GLA Hotel rooms: l.i5 x 0.50 = 9.p,~~~,<~F'U)~Hq9Ifl Hotel restaurant: 10.0 x 0.75 ~ ~7~?:S-p.a.ces p~r 1,000 square feet GLA Hotel conference rooms: 0.5 x 0.75 ::fOi.~~ ~p~&~M; s~;!,~'.,-" . Saturday Office: 0.5 x 0.75 = 0.38 parking space per 1,000 square feet GLA Retail: 4.0 x 0.75 = 3.0 spaces per 1,000 square feet GLA Hotel rooms: 1:25 x 0.50 = 0.63 space. per room Hotel restaurant: 10.0 x 0.75 = 7.5 spaces per 1,000 sql,lare feet GLA Hotel conference rooms: 0.5 x 0.75 = 0.38 space per seat The ~a..tio faneWl pdrking demand also should be factored for :!larket synergy for 3. weekday, when office employees a.re 'present: 48 Retail {weekday}: 2.85 x (1- 0.15) = 2.42 spaces per 1,000 square feet GLA. , The s-v.rvey data on-.the captive market in this instance do not' estimate the-possible synergistic effect result. ing from hotel guests' patronage of the retail facilities. 'robe conservative, therefore, this effect is assumed to be negligible, However,. th~: unadjustedfd.effiEiff.itfb fQr-. the; b~te1\testa.iiran1T (lQ-3Pi!~~1 p~rU~QQQ&.qifcU'e !~hQ~k);,:.1.r.~E-_d1~a:sedrPM~.lMi~~!lt .patrSlnig.~~y~M.~~~~~;; .. ,~~~~!tlff~~e~~y.~ ~~YJ1tPtiOMS aHne\ o1elconference facIlities' are fWty}.Q.~~~.Py': ~.9.]!~~~~~,~ N en, the ratios for each component land use need to be factored according to the month of the year during which the overall peak parking accumulation would be greatest. In some instances, the peak month for a weekday may not be the same as the peak month for a Saturday. In that case, only by trial and error can the condition (that is, combination of day and month) for peak parking demand be determined. In this instance, however, a tedious trial-and. error analysis can be avoided by an inspection of the relative size of ea.ch component land use and the relative differences in peak daily and monthly demands. . , Based on the monthly values in Appendix C, the l contribution of the hotel components to overall park- ing demand remains the same on. a weekday and a Saturday of a given month. Thus, for a given month, the condition for overall peJ.k parking demand de- pends only upon the relative size of the retail and office components. Since the office component is large rela. tive to the retail component, it is most likely that the peak condition will occur on a weekday rather than on a Saturday, The monthly office demand will remain constant, the..monthly retail demand will peJ.k during December, aIld the monthly hotel components will peak during the summer: Based on an inspection, however, t;he relative contribution of retail parking demand to total project parking demand during December (compared with that of hotel parking demand during the summer] is much larger: The peak parking demand at the entire development will therefore most likely occur on a weekday in De. cember: The peak parking demand may then be esti. mated by conducting an hourly parking accumulation analysis using the following weekda.y ratios, a.djusted to the month of December: Office: 2.25 x 1.00 = 2.25 spaces per 1,000 square feet GLA ~ (, -- ApPENDIX 8 City of Chula Vista Parking Standards 19.5Z.050 vidal. on the premises may be provided on other pr~rty not more than 200 feet distant by publicly a_bie pedestrian access ttom said use, structure or hlilding, subject to a binding agreement with the cityas to permanent reservation of said space and ac=s thereto; or if the proposed nonresidential usc:1ies within. the boundary of a parking district, ofHtreet parking requirements shall be considered to 1Ic: met; provided, that any developer of a new cODmercial building within a parking district, or a de-doper of a commercial addition to an existing Q.uiiing therein, shall pay the required fee(s). (QIIl 2506 g I, 1992; Ord. 1894 ~ I, 1980; Ord. 1212 g 1, 1969; prior code g 33.801(D)). 19-'2.050 Number of spaces required for designated uses. .. the case of any building, structure or pre- miles, the use of which is not specifically men- tiODCd herein, or in the opinion of the approving adority is not similar to any use found herein, the awoving authority may apply a ratio based on a similaT existing use not found herem. In computing pamng requirements, a resultant fractional space of ane-half shall count as a full space. The number of off-street parking spaces required shall be as set forth in the following: Businesses or Use and Number of Spaces Required 1. Auctions (See CYMC 19,04.015 and 19.58.055): At the time of application fora conditional use pem1it, the applicant shall submit parking informa- tionjustifying the amount of parking proposed to be provided and the parking ratio. The information must consist of data upon which the approving authority can re:tsonably base a determination of adequacy, such as expected patronage or a compar- ison with the patronage of similar uses. Said park- ing ratio shall range from one space for each 50 square feet of net usable lot area to one space for each 4,000 square feet of net usable lot area. - Note: For purposes of this subsection, "net. usable lot area" means the area of the parcel exclu- sive of setbacks, slopes, easements, required right- of-way dedications or other constraints. which would preclude use of the land. If complaints are filed with the city regarding impacts related to off- site parking. the project shall be modified to add additional parking for employees and customers, and/or by. r.educing the auction and/or storage are:1, subject to the review and approval of the director of planning and city engineer. Failure to resolve such off-site public parking problems by the owner of the property constitutes grounds for revocation of the conditional use permit. 2. Automobile sales facilities, new or used (see CYMC 19.58.070): One for each 400 square feet of gross floor area, or one-tenth of the maximum car storage capacity, whichever is greater. 3. Automobile repair and service garages: One for each 400 square feet of floor area. 4. Banks and savings and loans: One for each 200 square feet of floor area; minimum of five. 5. Bowling alleys: Five for each alley. 6. Business and professional offices: One for each 300 square feet of gross floor area; minimum of four. 7. Car wash (coin-operated), self-service or attendant-operated: Three for each stall. plus one for each employee. 8. Children's homes: One for each four beds, plus one for each employee. 9. Churches and private schools: . One for each three and one-half seats in an auditorium or one for each 17 classroom seats, whichever is greater. 10, Dancehal15 and assembly halls without fixed seats, and e..U.ibitian halls, except church assembly rooms in conjunction with auditoriums, nonprofit clubs and lodges: One for each 50 square feet of floor area used for assembly or dancing. 11. Dwellings, single-family, duplex: Two for each. family or dwelling unit; both spaces shall be in a garage with a minimum area of 400 square feet (see Chapter 19.22 CVMC for rr<.modeling of garages). 12. Dwellings, townhouses: Two for each dwelling unit; both spaces shall be in a garage or carport, a minimum area of 400 square feet. 13. Dwellings, multiple: One and one-half per unit for each studio or one-bedroom apartment. Two per unit for each two-bedroom apart- ment. Two per unit for each three-bedroom or larger apartment. * *Forevery 10 parking spaces required, one of this total may be a "compact" spac:::. 19-176 -- Chula Vista Municipal Code 19.62,080 Note: No parking space shall be located within 20 feet of any curb return of intersection streets, or eight feet of any side property line, unless. approved by the city traffic engineer. 14. Funeral homes and mortuaries: Om: for each four seats of the aggregate num- ber of seats provided in all assembly rooms of the mortuary. 15. Furniture and appliance stores, and house- hold equipment or furniture repair shops: One for each 600 square feet of floor area. 16. Hospitals: One and one-haIffor each bed. 17. Nursing homes and convalescent hospitals and homes for aged: One for each three beds. 18. Houseboats: See dwellings, subsection (11) of this section. 19. Hotels, motels, motor hotels: One space for each living or sleeping unit, plus one space for every 25 rooms or portion thereof to be provided on the same lot as use. 20. Machinery sales and service garages: One for each 400 square feet of floor area. 21. Manufacturing plants, research or testing laboratories, and bottling plants: One for each one and ope-half persons employed at anyone time in the nonnal operation of the plant or one for each 800 square feet, which- ever is greater. 22. MedicaI and dental clinics or offices: One for each 200 square feet of gross floor area; minimum of five. 23. Mobilchome parks: Two spaces on each pad, one-third guest space per mobilehome located within 400 feet of the farthest unit, and at the community center, one space for each five pads up to 50 pads and one space for each 10 pads tbe..'"Cafter. 24. Restaurants, bars and night clubs: One for each two and one-half pe:man~nt seats, excluding any dance floor or assembly area without fixed seats which shall be calculated sepa- rately as one space per 50 square feet offIoor area. 25. Restaurants - Drive-in, take-out, snack stands: . 15 spaces (minimum). 26. Retail stores, shops, etc., exc:pt as provided for furniture stores, in subsection (15) of this sec- tion: One for each 200 squ:IIC feet offioor space. 27. Rooming and lodging houses: One for each bedroom. 28. Schools: Elementary - one per teacher or c:nployee, plus fl.ye space3. Junior high - one per teacher or c:nployee, plus fiv~ spaces. High - one per four students. 29. Sports arenas, auditoriums, theate:s, assem- bly halls and meeting rooms: One for each three and one-half seals of max- imum seating capacity. 30. Wholesale establishments, warehQlSes, ser- vice and maintenance centers, and coJDDJlIlication equipment buildings: One for each one and one-half persons employed at one time in the nonna! opcmnon of the establishment, or one for each 1,000 square feet, whichever is greater. (Ord. 2584 f 7, 1994; Ord. 2132 ~ 1, 1985; Ord. 1856 ~ 1, 1979; Ord. 1531 ~ 2, 1974; Ord. 1356 ~ 1, 1971; Ord. 1212 ~ 1, 1969; prior code ~ 33.801(E)). 19.62.060 Parking areas - Developmmt and maintenance generally. Every parcel ofland hereafter used as a public or private parking area, including a commen:ial park- ing lot and also an automobile, farm equipment, or other open-air sales lot, shall be developed and maintained in accordance with the requirmlents set forth in CVMC 19.62.070. through 19.62.120. (Ord. 1212 ~ I, 1969; prior code ~ 33.801(F)). 19.62.070 Parking areas - Curbing required when - Specifications. Off-street parking areas for more than three vehicles shall be provided with a suitable concrete curb or horizontal timber barrier not less than six inches in height, 10 Qted not less than two feet from any street waL'cway or alley right-of-way line. All curbs or barriers shall be permanently anchored in a manner satisfactory to the director of public works, to confine vellicles entirely within said pre- mises, except in those cases where a wan is pro- vided on the boundaries of the premises which, in the opinion of the zoning administrator, is of such construction as to suitably protect the adjoining property. (Ord.1212 ~ 1,1969; prior code 9 33.801 (F)(I)). 19.62.080 Parking areas - Screening requirements. Off-street parking areas for more than five vehi- cles shall be effectively screened by a lO-foot-wide landscaped strip and a masonry wall or Cenc: of acceptable design. Such wan or fence shall be not 19-177 - - ApPENDIX C ITE Parking Standards Land Use: ~1 0 Hotel Average Peak Period Parking Demand vs-: Rooms On a: Weekday -S'-.--'''a~~'''' -~""9 ~~""iU;:~"'''' ir<Q .. "'TD=-=""'....'.'CH-:4'!'Y.... 't <lat SHC . ~,~ . . ..:..... '-. ..r#Ht: '>O';_),62>c,":'lAeal\-~uer.l.Q.ul _~manu:;;~~J.'i: Peak Period 12:00-1":00 p.m.; 7:00-10:00 p.m.; . 11 :00 .m.-5:00 a.m. . 14 340 rooms 0.91 vehicles er room 0.35 39% 0,61-1.94 vehicles er room 1.14 vehicles er room 0.72 vehicles er room . . Demand Weekday Peak Period Parking Demand tn 1000 (1) - CJ 800 .- J: (1) > 600 "C (1) 400 ~ '- ro C. 200, II a.. 0 0 p = 1. 13x. - 60 R2 = 0.75 .+ 200 400 600 800 ' x = Rooms . Actual Data Points _ Fitted Curve _ - - - Average Rate Institute of Transportation Engineers ~ 71 /'" PJlKing G:JfIeraI!on. 3rd EirUon - - - ApPENDIX D City of Carlsbad Parking Standards City of Car\sbad Municipal Code 21.44.020 Parking spaces required. The numb..- of off-street parlring spaces required for the uses or structures designated ill this section shall be no less than as set forth in the following:' (a) Residential. I) standard Single-Famiiy, R-I, R-A, E-A and RE Zones. Two car garage wid> the following exceptions: One additional paved off-street (covered or uncovered) parking space shall be provided for a second dwelling unit and shall comply with the requirements of this chapter. The additional parking space may be provided through tande:n parking (provided that the garage is set back a minimum of twenty feet from the property line) or the front yard. setback. 2) Planned Unit Developments and Condominiums-Two standard eoveIed parking spaces. Exceptions: studio-:1.S spaces/unit, one covCICdhmit, planned unit developments in the R-W zone-two standard spaces, one coveredJunit, and second dwelling unit-~me space/second unit, one covered or uncovered. MY uncovered required parking space for units in the R-W zone IIlay be located within a required front yard setback and may be tandem. The parking space for a second dwelling unit may be prov1!ied through tandem parking (provided that the covered parking spaces for' 'the primary dwelling unit are located within a two-car garage and the garage is setback a minimum of twenty feet from the property line) or in the front yard setback. In addition, parking areas for guest parking must be provided as follows: 0.5 spaces for each unit up tbrough ten units, 0.3 spaces for each unit in eXcess of ten units. Credit for visitor parking may be given for frontage on local streets that meet public street standards for detached single-family residential projects subject to the approval of the plamring commission; not less than twenty-four lineal feet per space exclusive of driveway entrances and driveway aprons shall be prQvided for each parking space, except where parallel parking spaces are located immediately adjacent to driveway aprons, then twenty lineal feet may be provided. 3) Apartments. Studio and one bedroom-1.5 spaces/unit. Two bedroom and more-2 spaces/unit. In addition, parking areas for guest parking must be provided as follows: 0.5 space for each unit up through ten units. 0.25 space for each unit in excess often units. 4) All Residential Uses-Beach!lIea Overlay Zone-Same as the requirements for planned unit developments and condominiums with the following exceptions: . No credit will be given for on-stree~ parking. T:venty percent of the visitor parking may be provided as tandem parking for existing substmdard lots ifthe garages are setback at least tw<l1ty feet from the front property line, or in the case where no individual property lines are present, then at least twenty feet from the edge of the street pavement or sidewalk whichever is closest to the structure. 5) Fratemities-1.25 spaces for each sleeping room. 6) Mobile Home parks-Two spaces per unit plus one guest parking space for every four units. 7) Residential Care-Two spaces plus one space/three beds. 8) Rcominghouse-One space for each sleeping room. 9) Housing fur Senior Citizens-Minimum 1.5 e<>vered spaces per every uni~ plus one covered space for an on-site.manager's unit (when provided) and one guest parking space per every five units, subject to approval of a site development plan. 10) Time-Share Condominiums-Minimum 1.2 spaces per unit ,.subject to approval of a conditional use permit. 11) commercial. (1) Bed and Breakfast hms-Two stmdard spaces, one of which must be covered for the owner's unit, plus one space for each guest room. (2) Bowling Alleys-Six per alley. (2.5) Delicatessen-One spac.e/two hundred fifty square feet of grosS floor area. (3) Driving R:.mges-One space/tee plus required parking for accessory uses. (4) Financial Institutions and Professional Offices. (A) Medical Office-One space/two hundred square feet of gross floor area. (B) Financial Institutions-One space/two hundred fifty square feet of gross floor area. (C) One space/two hundred fifty square feet of gross "floor area. For office uses in the village redevelopment zone and areas within three hundred feet of its boundary-One space/three hundred square feet of gross floor area. ' -. (5) Furniture and Appliance-One space/six hUndred square feet of gross floor area. (6) Golf Courses-Six spaceslhole plus required parking for accessory uses. - (7) Gyms and Health Spas-One space/two hundred square feet of gross floor area. (8) Hospitals-Three spaces per bed or one per two hundred square feet of gross floor area, whichever is greater. (9) Hotels and Motels-l.2 spaces per unit (10) Libraries-Qne space/two hundred square feet of gross floor area. (A) Library Substations-One space/two hundred fifty square feet of gross floor area. - (11) Mortuaries-One space/fifty square feet of assembly area. " (12) Motor Vehicle. (A) Sales-One space/four hundred square feet of gross floor area. (B) Repair-Four spaces for every work bay (up through. three work bays). Two spaces per bay in excess of three bays. Workbays do not count as parlcing spaces. . (13) Museums-One space/five hundred square feet of gross floor area. (14) Public Assembly-One space/five seats or one space/one hundred square feet of assembly area, whichever is greater. (15) Recreational Vehicle Storage Areas-One space for every ten thousand square feet of storage area, with a mirrimum of three spaces. (16) Restaurant. (A) Less than four thousand square feet in size-One space/one hundred square feet gross floor area. (B) Four thousand square feet or greater-Forty plus one space/fifty squar~ feet of floor space in excess of four thousand square feet. (17) Retail. - (A) Individual-:One space/three hundred square feet of gross floor area. (B) Shopping Center-One spa~e!two hund:ed square feet of gross floor area. -. (18) Schools. . . (A) Preschools/Nurseries-One space/employee plus one for each ten students, minimum, with an adequate loading and unloading area. (B) Elementary Schools-One space/employee, minimum, with an adequate loading and unloading area. (C) High Schools-One space/employee plus one space for each ten students, minimum, with in adequate loading and unloading area. (D) Colleges, Vocational Schools-Qne space/employee plus one space for each three students, minimum, with an adequate loading and unloading area. (19) Theaters-One space/five seats. (20) professional Care Facilities-AS parking spaces per every bed. ( c) Industrial. (1) Manufacturing-One space/four hundred square feet of gross floor area plus one stall for each vehicle used in conjunction with the use. (2) Research and Development-One space/two hundred fifty square feet of gross floor area. (A) Bio-industrial research and development-One space/three hundred feet of gross floor area. (3) Warehouse-Qne space/one thousand square feet of gross floor area plus one stall for each vehicle used in conjunction with the use. (Ord. NS-791 97,2006; Ord. NS- 703 9 1, 2004; Ord. NS-662 9 6, 2003; Ord. NS-307 9 1, 1995; Ord. NS-288 9 1, 1994; Ord. NS-283 9 10, 1994; Ord. NS-274 96, 1994; Qrd. NS-179 93, 1991; Ord. NS- 1389: 1, 1991; Ord. 9804 9 4 (part), 1986) 21.44.030 Parking requirements for uses not specified. Where the parking requirements for a use are not specifically defined herein, the parking requirements for such use shan be detennined by the planning commission, and such determination shall be based upon the requirements for the most comparable use specified in this chapter. (Ord. 9804 ~ 4 (part), 1986) 21.44.040 Parking provisions may be waived by commission. The commission may, by resolution, waive or modify the provisions as set forth in this title establishing required parking areas for uses such as electrical power generating plants, electrical transformer stations, utility oi'corporation:~torage yards or other uses of a similar o~ like nature requiring a very limited number of pf?rsons. (Ord. 9804 9 4 (part), 1986) - 21.44.050 General requirements. (a) The following general requirements shall apply to all parking spaces and areas: 1) Size and Access. Each off-street parking space shall have an area of not less than one hundred seyenty square feet exclusiye of drives or aisles and a width of not less than eight and one-half feet. Subject to the approval of the planning director, up to a two-and-one-half foot overhang may be permitted. Each space shall be provided with adequate ingress and egress. Aisles to and from parking stalls shall not be less than: (A) Fourteen feet wide for thirty and forty-five degree parking; (B) Eighteen feet wide for sixty-degree parking; (C) Twenty-four feet wide for ninety-degree parking. Circulation within a parking area must be such that a car entering the parking area need not enter a street to reach another aisle and that a car need not enter a street backwards. This provision shall not apply to off- street parking required for one-family and two~family dw~lling units. When the required parking space for one-family, two-family or multiple- family structure in any residential zone is not to be provided in a covered garage, each such required car space shall be not less than two hundred square feet in area and shall be so located and/or constructed that it may later be covered by a garage structure in accordance with the provisions of this title, with the following exceptions: second dwelling units and planned unit developments in the R-W zone. 2) Locations. Off-street parking facilities shall be located as hereinafter specified. Where a distance is specified, such distance shall be the walking distance measured from the ne:JI'e5t point of the parking facility to the nearest point of the building that such facility is required to serve: (A) For one-family, two-family or multiple-family dwellings, parking facilities shall be located on the same lot or building site as the buildings they are required to serve; (B) For hospitals, sanitariums, homes for the aged, asylums, orphanages, roominghouses, lodginghouses, club rooms, fraternity and sorority houses not more than one hundred fIfty feet from the buildings they are required to serve; and (C) For uscs other than those specified above, not over three hundred feet from the building they are required to serve; ", 3) Mixed Occupancies in a Building. In the case of mixed uses in a building or on a lot, the total requirements for off-street parking facilities shall be the sum of the requirements for the vario~uses computed separately. 00- street parking facilities for one use shall riot be considered as providmg required parking facilities for any other use except as hereinafter specified for joint use; 4) Joint Use. The planning commission may, upon application by the owner or lessee of any property, authorIze the joint use of parking facilities by the following uses or activities under the conditions specified in this title: (A) Up to fifty percent of the parking facilities required by this chapter x,r a use considered to be primarily a daytime use may be provided by the parking facilities of a use considered to be primarily a nighttime use; up to fifty percent of the parking facilities required by this chapter for a use considered to be primarily a nighttime use may be provided by the parking facilities of a use considered to be primarily a daytime use, provided such reciprocal parking area shall be subject to conditions set forth in paragraph (D) below; (B) Up to one hundred percent of the parking facilities required by this chapter for a church or for an auditorium incidental to a public or parochial school may be supplied by parking facilities of a use; considered to be primarily a daytime use, provided such reciprocal parking area shall be subject to conditions set forth in paragraph (D) below; (C) The following uses are typical daytime uses: banks, business offices, retail stores, personal service shops, clothing or shoe repair or service shops, manufacturing or wholesale buildings and similar uses. The following uses are typical of nighttime and/or Sunday uses: auditoriums incidental to a public or parochial school, churches, dance halls, theaters and bars; (D) Conditions required forjoint use: (i) The building or use for which application is being made for authority to utilize the existing off-street parking facilities provided by another building or use, shall be located within one hundred fifty feet of such parking facility, (ii) The application shall show that there is no substantial conflict in the principal operating hours of the buildings or uses for which the joint use of off-street parking facilities is proposed, (iii) P:niies concerned in the joint use of off-street parking facilities shall evidence Q~Cment for such joint use by a proper legal msu:ument approved by the city attorney as to form and content. Such instrument, when approved as conforming to the provisions of this title, shall be recorded in the office of the county recorder and copies thereof filed with the planning director and the planning commission. (E) Up to fifty percent of the parking facilifies required by this chapter for a church may be jointly utilized by an on-site, accessory, child day care center provided there is no substantial conflict in the principal operating hours of the church and child day care center. 5) Common Facilities. Common parking facilities may be provided in lieu of the individual requirements contained herein, but such facilities shall be approved by the planning commission as to size, shape and relationship to business sites to be served, provided the total of such off-street parking spaces, when used together, shall not be less than the sum of the various uses computed separately. When any such common facility is to occupy a site of five thousand square feet or more, then the parking requirements as specified herein for each of two or more participating buildings or uses may be reduced not more than fifteen percent upon approval of development plans by the planning commission in the manner prescribed for a conditional use permit as set forth in Chapter 21.50. - (b) The plan of the proposed parking area shall be submitted to the planning director at the time of the application for the building permit for the building to which the parking area is accessory. The plans shall clearly indicate the proposed development, including locatio~ size, shape, design, curb cuts, lighting, landscaping and other features and appurtenances of the proposed parking lot. (c) All parking areas in the R-A, R-E and R-1 zones shall be subject to the same restrictions governing location of accessory buildings on a lot as defined in the zone in which the parking area is located. In all other residential zones, the side yard setback for uncovered, off-street parking areas may be reduced up to zero feet provided that a six foot-high masonry wall (or some other solid material approved by the planning commission) is built along the property line adjacent to the setback area. (Ord. NS-409 ~ 20, 1997; Ord. NS-288 ~2, 1994; Qrd. NS-283 ~ 11, 1994; Ord. 9804 ~ 4 (part), 1986) 21.44.060 Off-street parking-Residential zones. In all residential zones the following parking regulations shall apply: 1) Passenger Vehicles. Passenger vehicles including light-duty commercial vehicles used as a principal means of transportation for the occupant of the residence may be parked in the required front yard in single-family zones on a paved driveway or parking area which does not exceed thirty percent of the required front yard area or an are:l that is comprised of twenty-four feet of -.-.-'- width extended from the property line to the rear of the required fi'ont yard whichever is great~r. Passenger vehicles may also be parked in a paved area between the required front yard an9- the actual.front of the building as long as it is an extension and does not exceed the width of the area described above. Passenger yehicles may be parked in any other, area of the lot provided that -they are screened from view from the public right-of-way. For comer lots, the provisions of this subsection shall apply to the required street side yard; however, in no case, shall the provisions of this section allow parking in both the required front yard and the required street sideyard. 2) Recreational Vehicles. Recreational vehicles, boats and trailers may be parked in single-family zones as follows: (A) In an enclosed structure observing all required setbacks; (B) Open parking in the side yard or the rear yard; (C) Open parking in the required front yard if the planning director determines after giving the same notice as provided for administrative yariances in Section 21.51.040 of this code that access to the side or rear yard cannot be provided. In making this determination, the planning director shall consider: (i) Whether parking in or access to the side or rear yard would require structural alteration to the existing residence or would require ~e removal of significant or unique landscaping. A fence shall not be deemed to prevent access to the side or rear yard, (ii) Whether parking in or access to the side or rear yard would require extensiye grading, (Hi) Whether because of the configuration of the lot, existing landscaping, the location of the structures on the lot, and the size of the recreational vehicle, parking of the recreational yehicle in the front yard would interfere with visibility to or from any street, (iy) Whether allowing parking of the recreational vehicle in the front yard would interfere with traffic on the street or sidewalk or would encroach into the street and uti~ity right-of-way. The area for the parking of the recreation vehicle in the front yard shall not exceed the maximum paved area permitted for passenger vehicles. A comer lot is deemed to have reasonable access to the rear yard; (D) Notwithstanding the above, during the construction of a permanent single- family residence on a lot, the owner of the lot may live in a recreational vehicle upon smd lot during construction of said reside:lce for a period not to exceed six months; (E) The provisions listed in this section are not intended to supersede more restrictive homeowner provisions contained in approved conditions, covenants and restrictions. II the provisions of any such conditions', covenants and restrictions are less restrictive than Ule ordinan~ codified in this section, then the provisions contained herein shall apply, 3) Inoperable Vehicles. Storage or parking of inoperable, wrecked, dismantled or abandoned vehicles shall be regulated by Chapter 10.52 of this code; provided, however, that not more than two vehicles in any inoperable, wrecked or dismantled condition may be parked in the side yard or rear yard while said vehicles are being repaired or restored by the owner of the property provided the vehicles are visually screened from the public right-of-way. 4) Heavy-Duty Commercial Vehicles. No heavy-duty commercial vehicles as defined by Section 10.40.075 of this code except for trailers as pennitted in subsection (2) above shall be parked on any residential lot except while loading or unloading property; or when such vehicle is parked in COD1lection with, and in aide of, the performance of a service to the property on which the vehicle is parked. 5) Multiple-Family Projects. The location of vehicle parking for multiple-family residential projects shall be regulated by Sections 21.44,050, 21.44.060 and 21.44.070 of this code. 6) Planned Development. For residential projects developed. und.'er Chapter 21.45, parking shall be regulated by the planned development permit. 7) Administrative Hearing. Any person objecting to a decision made pursuant to subsection (2)(C) above may request in writing within ten days of the determination by the planning director. an administrative hearing with the planning director. The planning director shall apply the criteria of this section in making his determination. The decision of the director shall be final unless the director's decision is.appealed to the planning commission. The effective date of the planning director's decision and method of appeal of such decision shall be governed. by Section 21.-:54.140 of this code. (Ord. NS-675 g 39, 2003; Ord. 9804 ~ 4 (part). 1986) 21.44.070 Comprehensive planne~ facilities. Areas may be exempted from the parking requirements as otherwise set up in this chapter, provided: 1) Such area shall be accurately defined by the planning commission after processing in the same manner required for an amendment to the zoning title; 2) No such district may be established and exempted from the provisions of Section 21.44.130 unless sixty percent or more of all record lots comprising such proposed dismct are zoned to uses first permitted in a commercial (C) or industrial (M) zone; - - 3) _ Such exemptions shall apply only to uses first permitted in the commercial (C) or industrial (M) zon~; .. 4) Before such defined district shall be exempt as provided in this section, active proceeding under any applicable legislative authority shall be instituted to assure that the exempted area shall be provided with comprehensive parking facilities which will reasonably serve the entire district. (Qrd. 9804 ~ 4 (part), 1986) 21.44.080 Required improvement and maintenance of parking area. Every lot used as a public or private parking area and having a capacity of five or more vehicles shall be developed and maintained in the following maDl1er: 1) Surfacing. Off-street parking areas shall be paved or otherwise surfaced and maintained so as to eliminate dust or mud and shall be so graded and drained as to dispose of all surface water. In no case shall such drainage be allowed across sidewalks or driveways; " 2) Border Barricades, Screening and Landscaping. (A) Every parking area that is not separated by a fence from any street or alley property line upon which it abuts, shall be provided with a suitable concrete curb or timber barrier not less than six inches in height; located not less than two feet from such street or alley property lines and such curb or barrier shall be securely installed and maintained; provided no such curb or barrier shall be required across any driveway or entrance to such parking area, (B) Every parking area abutting property located in one of the residential zones shall be separated from such property by a solid wal~ view-obscuring fence or compact evergreen hedge six feet in height measured from the grade of the finished surface Qf such parking lot closest to the contiguous residential zone property; provided, that along the required front yard the fence, wall or hedge shall not exceed forty-two inches in height. No such wall, fence or hedge need be provided where the elevation of that portion of the parking area immediately adjacent to a residential zone is six feet or more below the elevation of such residential zone property along the common property line, (C) MY lights provided to illuminate any public parking area, semi-public parking area or used car sales area permitted by this chapter shall be so arranged as to reflect the light away from any premises upon which a dwelling unit is located; 3) Entrances and Exits. The location- and design -1)f all entrances and exits shall be subject to the approval of the pianning director or other designated person, _ provided no entrance or exit other than on or fro"m an alley shall be closer than five feet to any lot located in an "R" zone. (Ord. 9804 ~ 4 (part), 1986) 21.44.090 Parking areas in R-3, R-P and R-T zones. Every parking area located in an R-3, R-P or R-T zone shall be governed by the following provisions in addition to those required above: 1) No parking lot to be used as an accessory to a commercial or office/professional establishment shall be established until it shall first have been reviewed by the plamrlng conunission and its location approved. Such approval may be conditioned upon the commission's requiring the planting and/or maintenance of trees, shrubs or other landscaping within and along the borders of such parking area; 2) Such a parlcing lot to be used as an accessory to a permitted commercial or office/professional establishment shaIl be so located that the boundary of such parking lot closest to the site of the commercial or office/professional establishment to which it is accessory shall be not more than fiftY/eet distant; 3) Such parking lot shall be used solely for the parking of private passenger yehic1es; 4) No sign of any kind, other than one designating entrances, exits, conditions of use or the location of visitor parking spaces in residential projects shall be maintained on such parking lot. Any such sign shall not exceed eight square feet in area. (Ord. 9804 ~ 4 (part), 1986) 21.44.100 Landscaping of parking areas. Every required parking area having a capacity of fiye or more vehicles, except in R-A, R- 1 and R-2 zones, shall be landscaped as follows: 1) For purposes of this section, the words "parking area" shall include all black- top or paved areas, including access ways and areas; 2) At least three percent of said area shall be planted and maintained with trees listed on the city official street tree list, or approved shrubs; 3) Said trees or shrubs shall be: (A) Planted in accordance with the requirements of Section 20.16.180 of this code, (B) Contained in planting areas with a minimum dimension of four feet and bounded by a concrete or masomycurb of a minimum of six inches in height, (C) Located throughout the off-street p~rking areas in order to obtain the maximum amount of dispersion; 4) All landscaped areas shall be served by a water irrigation system and be supplied with bubblers or sprinklers; 5) All plans for such landscaped areas shall be approved by the city planning department, and city manager prior to the construction and placement therenf. (Ord. 9804 ~ 4 (part), 1986) 21.44.110 Compact parking. Compact parking space shan be permitted and regulated as follows: 1) Nonresidential zones, up to twenty-five percent of the total required parIcing spaces may be compact spaces. 2) Residential zones up to forty-five percent of the required visitor parIcing spaces may be compact spaces. 3) All compact parking spaces regardless of the zone shall comp1y with the following criteria: (A) Compact car spaces shall be located in separate parking aisles from standard sized spaces; (B) Aisles for compact car spaces shall be clearly marked with permanent pole signs denoting "Compact Cars Only;" (C) Compact car spaces shall be located in close proximity to the facility which they serve so as to encourage their maximum usage; (D) Compact spaces must be a minimum width of eight feet and a minimum length of fifteen feet with no overhang permitted. (Ord. 9804 9 4 (part), 1986) 21.44.120 Tandem parking-Subs~aDdard. (a) Tandem parking within the front yard setback shall be permitted for those existing substandard frontage lots with a width ofless than fifty feet, provided there is a minimum of one parking space per dwelling unit provided for within the required setback lines, and that the front yard building setback be no less than twenty feet. (b) Front yard building setbacks for second and third floors in R-W zones only, shan be allowed to extend to the tep. foot setback line when tandem parking is utilized in the front yard. (Ord. 9804 9 4 (part), 1986) 21.44.130 Required garage s!andards in residential zones. Required garages in residential zones shan b.e construcf~d according to the following standards; 1) Garage Area in the R-1 Zone. All garages shall have minimum dimensions of twenty feet by twenty feet as measured from the interior wall edges of the garage. 2) Garage Area in Multi-family Zones. (A) Single-car garage. All garages shall haye minimum dimensions of twelve feet by twenty feet as measured from the interior wall edges of the garage. (B) Double-car garages (both spaces for same unit). All garages shall have minimum dimensions of twenty feet by twenty feet as measured from the interior wall edges of the garage. (C) Multi-single-car garages in one structure. Each separate, single-car garage shall have interior dimensions of twelve feet by twenty feet, exclusive of supporting columns. As a minimum, each space shall be separated from the adjacent garage, floor to ceiling, by a permanent stud partition with one-half inch gypsum board on one side, where no additional fire protection is required. ~, 3) Underground garages with shared open parking shall maintain a standard stall size of eight and one-half feet by twenty feet, exclusive of supporting columns or posts. A backup distance of twenty-four feet shall be maintained in addition to a minimum five feet turning bumpout located at the end of any stall series. 4) In all residential zones other than R-I, garages, parking stalls, carports and RV parking spaces (excluding those in approved RV parking lots) shall be for the exclusive use of the residents only and shall not be separately sold or rented to nonresidents of the property. (Ord. 9804 (part), 1986; Qrd. 9792 g 1, 1986) San DIego :Uunldpal Code lI-2006) Cl1apter 14: General Regulations ~se Parkin!: Spaces Required per 1,000 Square Feet ofFloor Area Uoius Otherwise Noted (Floor Are:a Includc.s Gross Floo! ftJe3 plus below Grade Floor Area. and Excludes Floor Area DcvotM 10 Parking) Required AUlomobi~e l'arklni SpaC1!:3 . Required Blc)'cle (:3) - Parking Spaces . MInimum Required Ouaide a Minimum Required r,faxtmum C-Jrpaol !I1IlIlmum 1'\"211511 Ares WlthlD a TrallSit Permitted r,lIlIimum (2) - Area(l) Child Car. Fa~/iltu I per staff 85% of Minimum NJA NJA NIA Funeral parton &: I per 3 seats; 30.0 for assembly area 85% at minimum NJA NlA 2% of Auto Minimum Mortuaries If' no flJCCd seats OutpatIent Medical Clinic 4,0 3.5 6,0 0.4 0.03 + ,03 hike locketS with shower Private clubs,lodges, 1 per guutTDOIII, 85% ofMiJrimum NJA NIA 2% of Auto Minimum btcmal orpnizations 01":2.5, v.ilichner is p:eater(7) (e:xc:pt btaniIfes and saromies) Single !00111 occupancy 1 per room o..s per room NJA NlA 0.2 petItlOII1 hote!s Yery Tov1 f1/&tJ1M (~: 0.5 per room 'l"ery /UIf bu:om.(~: Q.2S per rooro VeteriDary dinic:s &:. 2,5 2.1 NJA NJA WA hospitals omceslbi g~.ess &: professlollaU 3.3 2.9 5.0 0.3 0.03 +.03 bike onramellll lockers ~~oDal &: corpante . with shower headquarters (cxtept in IS l7one) ~fedlcal, dental, &:. health 4.0 3,5 6.0 0.4 0,03 + .03 bike lockers pracd!1oners (except in IS with shower Zone) All office uses ill :he IS Zone 1.0(4) 1.0(4) 5.0 N/A 0.1 Vehicle & Vehicular Equipment Sales & Service Automobile service stallons 2 per Station; wilh Mainrcnanco 85% of N/A NlA N/A FaciJity. 3 per Station Plus Minimum I per service Bay Retail Sales: 3,0 Vehicle repair &. 5.0 - 4.3 N/A NlA N/A malll/enallCe Vehicle sa/e.s & rentals 1 per eac!l t a display C3I1I 85% of Minimum NlA NlA N/A Ch. Art Diy, I 14 I 2 I' s . {." San Dle~o MunIcipal Code (8-2006) Chapter 14: General Regulation! Use Parkini Spaces Required per 1,000 Square Feet of Floor Ara Ulllcss Othenrlse Noted (Floor AIu Includes Gross ~oar Area plus below Gmle Floor Area, 3I1d Excludes Aoor Area Devoted to Parking) Required Automobile Parking Spaces Required Blc)'cle - . Parldllg Spaces (3) - - MInimum Required Outside a lIllnlmum Required Maxlmnm C<1rpool MInimum Tnnslt Area Within a Transit Permitted Mlnlmum(2) - An:a(l) Vacalillll3llttade schools 1 per stUdent at maximwu OCC11pa11col &5% of Minimum N/A N/A 2"~ nf Auto Minimum ExhibitlUlIs tc I per 3 sea1S; 30,0 irno fixed seats &5% of Minimum NJA NJA 2% of Auto Minimwn Convention Facilities Hospitals 2 per bed 85% of Minimum N/A MIA 2% of Auto Minimum Intcnnediato care facili1ies 1 per 3 beds 85% ofMininwm NJA MIA 2% of Auto MiDimwn . and nuaing 1icilit\u Interpretive Centm 3.3 2.8 NJA NJA 2"10 of Auto Minimum Museums 3,3 2.8 NJA N/A 2% of AulO Minimum RadID .t Television 3.3 2.9 5.0 0.3 0.03 -+- .D3 _ Iockm Broldcasting wi!h Mower Retail Sales: See Table 142-0SD Commercial Services I Eatbac '" DriIIldDg See Tablc 142~5E I lstabUshmellts PublIc assembly &: entertaInment ThcaIcI3 1-3 saeeer. 1 per 3 seats 85% of~um MIA N/A :ze/. oi Auto Minimum 4+ S=:lS: I per 3.3 seats Per assembly area jf not fIXed seats: 50.0 Health clubs S.O 85% of Minimum NJA NlA 2% of AulO ~nimum Clubs with Courts: I additional space per the maximum number of authorized playm (Amateur Athletic Union) per court Swinuning pools CAnunet"l:ial: 1 per 100 sq. It 85% or Minimum NJA NlA 2% of AI.lO ~fiIIimum ofpoal sumce area CAmmunily: 1 per 175 sq. It of pool - surface area All ather pubJic assembly 1 per 3 sealS; 30,0 una fIXed se3ts 8S% of Minimum NIA NIA 2% of Auto Minunum and entertainment VlJitor accommodatlons I per guest room . I per guut room N/A NJA 2~'" of Auto ~imwn Conference Area: 10.D Conierence Area: 10,0 Separately Re;nlatcd Uses C'I. Art. Vi". 114 I Z I 5 .,,1IIiI ATTACHMENT 5 Disclosure Statement -Disclosure Statement Pursuant to Council Policy 101-a1, prior to any adon upon matters that wiD require discretionary ac=!on by the C~uncil. Planntng Commission and all o1her official bod:es of the City, a staten:ent of discJOsure of certain ownership er financ:al interests, payments, or campaign contributions fer a City of Chula VIsta electfon must be filed. The foncwing infCm'.ati:::n m~st be discosee: 1, Ust the nan:es of aU persons having a financial :nterest in the propertl that Is the subj~ of the application or the contract, e.g., owner, appficant, centraC:Cr, sUbc::ntraeor, material supplier, Innkeepers USA Eastlake Cor=orat~ Ce~ter, LLC 2.- If any person-'dentified pursuant to (1) above is a corporation or partnership, list the names ef aJI indrJiduals with a $2000 investment in the business (cerpcratiorJpartnership) entity. See attached 3. If any person- identified pursuant to (1) above is a non-prof.t organization or 1rust.. !1st :he narr.es cf ar.y ;erscn serving as din!c:tor of the non-profit organization or as trustee or beneficiary or trustor of 1he !rust, See attac~ed 4, Please identify every person. induding any agents. employees, conscftants. or independern c.:ntra2ors you have assigned to represent you before the City in this matter. ~fnt~a Morg~~: Seltzer Capl~~ M~~~cn Vitek Ri~~rd Gallecos: ?aci=i= Design Concept3 Andrew Dz~:'rn3k';, ~a=e Ma:zcmb Mike Voat; Alan Hu=f~~~: IRE Cevelcpment 5. Has any pernon" associated wit... this centract had any financial dealings with an cffic:a;- of :he C:ty of C:'ufa VISta as it :'e!ates to :his C:::1trad within !he past 12 mcntt1s. Yes_ NC2- If Yes, brieffy desc:Ibe tt1e nature of :he financial :nter~ the official- may ha\te in :his cen~ct. 6. Have 'IOU made a contr.'buticn of mere than $2:0 within the past twelve (12} months to a c:;r.-ent member of the Cht:!a'Vista C;ty Council? No ~ Yes _If yes, whic:1 C~uncil member? ------ 7. Have ycu ;::t'r.~;d ;:-.:::a ::1;m ~ (cr an ~:::;! etj,;~~c!':~ valu~) to ar: o~ciar- ol!he C;tt cf Chula 'f;stz; in :roe p~t ~....er,e (~2} mor.lM:' (This ir.cr:;c~s tci.'9 a scurce ot ir.c::m~, rr.cr.cy :0 re!irc a ~a1 debt, g:ft. lean, etc.) Yes No..:i- If Yo:. whk:., offiCar. and 'fn-klt ....-as tt:e nature cf i/om prOvided7 Date: -4- -k.., !o 7 I I IUctar:i Mielbye Print Of"~e narr.e of C<:rrtr-GCtCflJl.ppJJcant Por.!on Is d..ru:ed 35: any itdMduaf, linn, c::-pazmezst'.:p, ~fr.1 ven:ure.. assoc.~n, scc:az C:::=, 1r.;'.crn.1 e19aniza~n. c=r;:cr.1Iion. estate. tnm, receiver, syndicate, arrf ether c:ur..'y, ~. rnunid;alily. di:itr.c:.. or C'.l1er politiQI ~'Vi3ion, -cr any oilier g:a:p or c::mtinaIIon ading as a unit. ~:::aI ~udes, hut is not IfmIted tc: Mayer; Cca:ndl or.ember.ChuIa \I1stI R.ed.9e!apment CCtp0r3::cn merrl:er. F!anning Comrroissicr'.et', memI:er of a Ccard, ~..ssion. cr ~ of the C"dy, lrr.pXIye&, or s:a:f rr.emters. .. September 8, 2CCS " As of 3/30/07 SERIES C PREFERRED UNITS Name and Address INNKEEPERS FINANCIAL CORPORATION :140 Royal Poinciana Way~ Suite 306 Palm Beac~Florida 33480 SUB-TOTAL: SERIES C -1- Series C Units 5.800.000 Series C Percentage Interest of ~ " Name and Address INNKEEPERS FINANCIAL CORPORATION 340 Royal Poinciana Way, Suite 306 Palm Beach, FL 33480 Jeffrey H. Fisher 255 Clark Avenue Palm Beach, FL 33480 Martin A. List and Karen G. List as JTWROS 223 Sunset Ave. Suite #110 Palm Beach, FL 33480 The Tina Newmark. Revocable Trust 145 Atlantis Boulevard Atlantis, FL 33462 The Shoor Family Trust fIb/o Adrienne Shoar c/o Gina D. Silvestri, Trustee Cwnmings & Lockwood LLC 29 South Main Street West Hartford, CT 06107 The Shoor Fannly Trust fIb/o Barbara Chesler clo Gina D. Silvestri, Trustee Cummings & Lockwood LLC 29 South Main Street West Hartford, cT 06107 I / May not include recent DRIP Shares As of 3/30/07 COMMON UNITS Common Units 47,805,76511 348,2892/ 52,013 99 329 328 2! 71,429 pledged to Jerome Fisher, 161,450 pledged to SunTrust Bank. -2- Common Percentage Interest 98.6% .72 .11 ,- As of 3/30/07 Common Common Percentage Name and Address Units Interest Route 611 Corp. 20,013- .04 306 Royal Poin~iana Way Palm Beach, FL 33480 Route 454 Corp. 45,293 .09 306 Royal Poinciana Way Palm Beach, FL 33480 - William Hamrick 61,991 .13 c/o TMH Hotels lMA P~ Suite 325 250 NoUh Water Street Wichita, KS 67201 Theodore 1. Moss 30,814 .06 677 Forest Hill Road Lake Forest, IL 60045 Hotel Growth Partners, L.P. 6,201 .01 cIa Lodge Works Corporation , 8100 E. 22nd St., North Building 500 Wichi~ KS 67226 HotelWorks Holding LLc 21,075 ,04 c/o Lodgeworks Corporation 8100 E. 22nd St., North Building 500 Wichi~ KS 67226 TMI Shore Partnership, L.P. 5,929 .01 2927 Wilderness Court Wichita, KS 67226 Consolidated Equities Trust 5,929 .01 1725 N. Cypress Street Wichita, KS 67206-3302 -3- Name and Address Don Marvin 1505 Rubin Ridge Circle Wichita, KS 67230 John Morse 1159 Junonia St. $anibel, FL 33957 - Ed Socha 681 N. Broadmoor Wichi~ KS 67206 Tina Gunderson 321 S. Lynwood Wichi~ KS 67218 San Mateo Residence Associates, L.P. Attn: Kevin Jantzen Consolidated Holdings 8621 E. 21st St. North, Suite 200 Wichi~ KS 67206 Kentwood Residence Associates Attn: Kevin Jantzen Consolidated Holdings 8621 E. 21st St. North, Suite 200 Wichita, KS 67206 East Lansing Residence Associates Attn: Roy Baker 8100 E. 2200 Street N. Building 500 Wichita, KS 67226 SUB-TOTAL: COMMON As of 3/30/07 Common Units 5,929 ' 5,929 4,150 1 ,779 32,878 15,164 1,849 48.471.746 If Common - Series C - 48,471,746 (including 665,981 held by third parties) 5,800,000 Common Percentage Interest .01 .01 .01 .07 " .03 100% II May not include recent DRIP Shares or incentive plan-related issuances (Le., option exercises; restricted share grants, etc.) v:\userlmark\innkecp\capcon 3-28-4J7.doc -4- Exhibit A EASTLAKE CORPORATE CENTER, LLC MEMBERS Member Name: - ASLI, L.P~, a California limited partnership - c/o Oliver R. McElroy, CPA Bernard C. Simkin Catherine Benkairn, as Trustee of the Benkaim Family Trust Charles J. Pethtel, Jr., as Trustee of the Charles J. Pethtel Defined Benefit Plan Craig Sapin Donald M. and Joan V. Dolgas, as Co-Trustees of the Dolgas Family Trust Dr. Cole and Judy Willoughby, husband and wife, as joint tenants Eastlake C.C. Partners, a California general partnership Gary 1. Greenberg, as Trustee of the Gary 1. Greenberg DDS PC Defined Benefit Pension Plan Hal and Debby Jacobs, husband and wife, as joint tenants Ian Stuart, as Trustee of The Stuart Fami~y Trust U/A dated September 1,2000 James L. and Sandra K. Courtney, as Co-Trustees of the James and Sandra Courtney Trust James E. and Carol A. Williams, as Co-Trustees of the Williams Family Living Trust Janine M. Dolgas o \.~~ "~ac.\J.i"R.()I'-JU!E.W.:c.:C(!-Md.aU (.:~ L:.-t.WtC~,..lmon.atiuft'IECC..u..c ~ Plot.... E..\hiW A:.(I4:50S.doc Member Name: Jason and Tricia Ashman, as Co-Trustees of the Ashman Family Trust dated October 18, .1999 ' Jeff and Deni Jacobs, husband and wife, as joint tenants John J. and Dorothy B. Miller, husband and wife, as community property - June G. Lovelady, as Trustee of the June G. Lovelady Trust dated October 3, 1984 Lainer Investments, a California general partnership Lawrence M. Cushman Lawrence R. and Sandra C. Armstrong, as Co-Trustees of The Annstrong Family Trust U/T/D November 29, 1988 Mina Levin Bill Levin Roberto and Julia Levin, as Co-Trustees of the Roberto and Julie Levin Family Trust dated July 23, 2004 Arturo and Claris Levin, as Co- Truste~f the Levin Family Trust dated December 14, 200 I Robert and Barbara A. Scott, as CQ-Trustees of the Mascot Realty Inc. Retirement Trust Maureen Hallahan Oliver R. McElroy, as Trustee of the McElroy Family Trust Sun State LLC, a California limited liability company Michael A. and Kellie J. Vogt, as Co-Trustees of the Vogt Family Trust dated January 28, 2005 Oliver R. McElroy and Karen H. DeLaurier, as Co-Trustees ofthe OK Trust 2 r,,'.?nofl"" M~\1-i"'~OI"l-:"'RTt::.5\T..cc(P""LaU .;.~ CcnwJ'l)RC;t~I""onaatanc.CC.UC c:o.np.n- J'tula!.. ~ A.tJ.t2s:15.doe Member Name: Paul and Stacy Jacobs, as Co-Trustees of the Paul and Stacy Jacobs Family Trust dated May 3, 2000 Peter B. and Kathleen E. Stark, as Co-Trustees of the Stark Family Revocable Trust dated December 12, 1997 Randall S. and Karin J. Leavitt, husband and wife, as joint tenants - Robert G. Russell, Jr. and Beverly A. Russell, husband and wife, as community property Robert W. White Sandra F. Fisher, as Trustee of the Sandra Fisher Trust c/o Oliver R. McElroy Steven J. Untiedt Steven M. Strauss, as Trustee of the Wilson-Strauss Trust U/D/T December 8, 1992 William J. and Bonita R. Ashman., as Co-Trustees of the Ashman Family Trust Eric B. Shwisberg Regan R. Tul1y 3 Ci;'o!'faop:ny ~cm\l.PR:on<:RT'U'"..3't'.CC \1".-Jab: ~ ~)'DRC R~ bll'tIFUWIOa'Ecc..u.c CoepaIn' t>mtUr. t'.J.l:.lbrt A.,O"2jQ'.iSoc - J