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HomeMy WebLinkAboutPlanning Comm Reports /2007/12/12 AGENDA MEETING OF THE THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA 6:00 p.m. Wednesday, December 12,2007 City Council Chambers 276 Fourth Avenue Chula Vista, CA CALL TO ORDER: ROLL CALL/MOTIONS TO EXCUSE: Planning Commission: Tripp_Felber_Moctezuma_ Vinson Bensoussan_ 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 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 - December 12, 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. Project Manager: Richard Zumwalt, Associate Planner 2. Discussion: Role and responsibility of Design Review Committee. Jim Hare, Assistant Planning Director DIRECTOR'S REPORT: COMMISSION COMMENTS: ADJOURNMENT: To a Special Planning Commission meeting on December 18,2007. 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: 1 Meeting Date: 12/12/07 ITEM TITLE: 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: 1. PCZ-07-08, a rezone from the R-I-7 - Single Family Residential zone to the R-I-5-P Single Family Residential zone, with a Precise Plan Modifying District; 2. PCM-08-02, a Precise Plan to establish Precise Plan development standards, architectural and landscape design guidelines; 3, 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. SUBMITTED BY: Director of Planning and Building INTRODUCTION This is a request for a Rezone, Precise Plan and Tentative Subdivision Map to develop 24 single- family lots on a 3,9-acre site presently occupied by the Concordia Lutheran Church at 267 East Oxford Street in southwestern Chula Vista (see Locator Map), BACKGROUND The applicant is acting on behalf of the property owner, Concordia Lutheran Church. The church would sell the property and construct a new church facility in the Winding Walk neighborhood of the Otay Ranch Planned Community. Public Meeting On November 7, 2007, City staff and the applicant hosted a publicly noticed neighborhood meeting at the Kellogg Elementary School, to accept comments and questions on the project. Prior to this meeting, the applicant conducted two public meetings to obtain public input and provide updates on the progress of the project. There were six attendees from the public at the city-initiated meeting. The concerns related to the project that were expressed at the meeting included: Oxford Street Project Page 2 12/12/07 . Increased traffic on Melrose Ave, which is need of repair; The City Engineer has reviewed the project and detennined that the traffic will decrease as a result of the change from church to residential uses, from 304 to 240 average daily trips. The project will not create traffic impacts. Melrose Street is on the list of streets requested by citizens for re-surfacing, but a schedule has not been established at this time, · Privacy concerns related to new two-story homes being placed adjacent to existing homes; The City does not regulate privacy issues that could occur between adjacent properties. · Potential affects of grading and construction of fences and retaining walls adjacent to the existing homes; During the construction phase of the project, the builder will design grading, walls and fences that will not encroach onto the adjacent properties, and will be required to comply with the grading ordinance, and detailed wall and fencing plans. . Timing and Phasing of construction of the project; The owner clarified that the property may be sold to a builder and anticipated that construction would not commence until 2009. . Project drainage after development; The applicant's Engineer described the proposed site drainage and improvements, including construction of a stonn drain system, a curb and gutter system, a cross-gutter, SwaleGard curb inlet filters, and a grass-lined swale. Low flows from the site would be intercepted and diverted by proposed cross-gutters to curb-inlet filters which will screen out larger materials and discharge water directly into a proposed grass-lined swale located at the southwestern comer of the project site. The grass-lined swale will convey flow in a westerly direction, and will be graded at approximately 0.2% slope to pennit water to percolate prior discharge to the public curb/gutter system on East Oxford Street at the southwestern comer ofthe site. Peak flows from the east side of the site will be conveyed along the proposed public street and bypass the cross gutter, flowing directly to East Oxford Street. A portion of the peak flows from the west side of the site will enter the curb inlets filters and be diverted to the grass-lined swale before discharge to the public curb/gutter system on East Oxford Street at the southwestern comer of the site while the remaining will bypass the inlets and flow out to East Oxford Street. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-07 -031 in Oxford Street Project Page 3 12/12/07 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 and Mitigation Monitoring and Reporting Program, IS-07-031 (see Attachment 8, Final Mitigated Negative Declaration). RECOMMENDATION Adopt the attached Planning Commission Resolution PCZ-07-08/PCM-08-02/PCS-07-07, recommending that the City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program IS-07 -031; and adopt the attached Draft City Council Resolution and Draft Ordinance, based on the findings and subject to the conditions contained therein. BOARDS/COMMISSION RECOMMENDATION On November 19, 2007, the Resource Conservation Commission determined that Initial Study IS-07-031 for the Project was adequate, and is recommending that the City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, IS-07-031. DISCUSSION Project Site Characteristics: The 3.9 -acre project site is located within the urbanized area of Western Chula Vista, (see Locator Map). The site is approximately 100 feet east of the intersection of Melrose Avenue and East Oxford Street. Primary access to the site is currently provided directly from East Oxford Street. The existing site slopes gently to the north from 260 feet to 270 feet. The site has been partially disturbed with previous uses including a church, pre-school/daycare, and parking lot on the south side of the lot and play fields on the north side of the lot (see Attachment 2, Aerial Photo). The existing land uses on each side of the project are single-family residential. Project Description: The project proposes demolition of the eXIstmg church, daycare/community building, and accessory buildings, and redevelopment of the 3.9 ac. site with 24 single-family detached residential dwelling units (see Attachment 6, Precise Plan Map). The project includes the following applications: 1. PCZ-07-08, a rezone from the R-1 Single Family Residential zone with minimum 7,000 square foot lots, to the R-1-5-P Single Family Residential zone, with minimum 5,000 square foot lots, including a "P"-Precise Plan Modifying District and Precise Plan development standards; Oxford Street Project Page 4 12/12/07 2. PCM-08-02, a Precise Plan to establish a Precise Plan Map and Text, including development standards, architectural, and landscape design guidelines; 3. PCS-07-07, a Tentative Subdivision Map to subdivide 3.9 acres into 24 residential lots and 2 HOA-maintained open space lots, served by a new public residential street. The residential lots will range in size from 5,006 sq. ft. to 6,249 sq. ft. in size. Compliance with Development Re2ulations: Site General Plan Low-Medium Residential (3-6 dwelling units/acre) North Low-Medium Residential (3-6 dwelling units/acre) Low-Medium Residential (3-6 dwelling units/acre) Low-Medium Residential (3-6 dwelling units/acre) Low-Medium Residential (3-6 dwelling units/acre) South East West ANAL YSIS: CV Municipal Code Zoning R-l (Single-Family Residential) Existing Land Use Concordia Lutheran Church and Daycare R-l (Single-Family Residential) Existing Single-Family Residential R-l (Single-Family Residential) Existing Single-Family Residential R-l (Single-Family Residential) Existing Single-Family Residential R-l (Single-Family Residential) Existing Single-Family Residential In recommending approval of the requested Rezone, Precise Plan, and Tentative Subdivision Map, staff relies on the rationale discussed below: Rezone The site and surrounding neighborhood consists primarily of single-family residential development that has been zoned R-1 (single-family residential) for more than 20 years. The General Plan designation for the project site and surrounding area is Low-Medium Residential, which permits single-family development at a range of 3-6 dwelling units per acre. The General Plan includes policy LUT 4.2 that states that existing, stable single-family residential areas should be protected through zoning or other regulations that discourage higher-density residential uses or other incompatible activities. To maintain compliance with the General Plan, the applicant has requested a rezone from the R-1-7 Single-Family Residential zone, to the R-1- 5-P (Single-Family Residential zone, 5,000 sq. ft. minimum lot size, with a Precise Plan Modifying District). The project proposes 24 detached single-family homes on a 3.9-acre site, which yields a gross density of 5.88 dwelling units per acre (including the site and adjacent land area measured to centerline of East Oxford Street). Rezoning to a minimum 5,000 square foot lot size is necessary to permit the project to achieve the density permitted by the General Plan. Oxford Street Project Page 5 12/12/07 Compliance with the General Plan is not considered solely on the basis of development of individual lots, but from an overall "neighborhood density" perspective. To establish that the project is within the range of anticipated densities that would comply with General Plan, a 302- acre neighborhood planning area bounded by Hilltop Drive on the west, I-805 on the east, Naples Street on the north, and Palomar Street on the south was analyzed. This area includes 1,179 existing dwelling units, non-residential and vacant lands, and 73.9 acres of land dedicated for streets and public right-of way. The actual gross residential density of this area was determined to be 3.9 dwelling units per acre. The maximum theoretical residential dwelling unit capacity, at 3-6 dwelling units per acre and 302 gross acres, is 1,809 dwelling units. When compared with the existing 1,179 dwelling units, there is available residential capacity of 630 dwelling units at the neighborhood level. Thus, approval of the 24 unit project wil1 not cause the density of the neighborhood area to exceed the maximum gross density of 6 du/acre established by the Low- Medium Residential General Plan designation. Rezoning to a 5,000 square foot minimum lot size will benefit the neighborhood because it will result in construction of new, entry-level single-family housing product type that will range in size from 1,982 to 2, 676 square feet, that will be similar in size and scale as the existing older homes in the neighborhood. In contrast, development of the project with homes on lot sizes of 7,000 square foot minimum in today's market could result in an increase in home sizes from 500 to 900 square feet, which in staffs opinion would not be as compatible with the size or value of existing homes in the surrounding neighborhood. Also, it would result in a reduction of lot yield of 6 lots, which would reduce the fiscal revenues to the City generated by the project, which are needed to provide maintenance and services to the neighborhood. Construction of new, entry- level single-family housing will enhance the property values of existing homes in the neighborhood. Development of the site in compliance with the R-1-5-P zone will be consistent with the Low- Medium Residential designation and objectives of the General Plan. However, to enable the project to be designed to be compatible with the surrounding development on larger lots, staff has required a P-Modifying District with the rezone, which requires approval of a Precise Plan. Precise Plan The Precise Plan includes a Precise Plan Map and Text, including the Precise Plan development standards, architectural, and landscape design guidelines (see Attachment 10). The Precise Plan Text will serve as the land use plan for the project. The Precise Plan Map shows residential building footprints and other site improvements. Minor amendments to the Precise Plan Map can be approved by the Zoning Administrator, as long as those amendments are consistent with the approved Precise Plan Development Standards. Adoption of the Precise Plan will help ensure that the future design will be compatible with the surrounding neighborhood. The proposed R-1-5-P zone requires a Precise Plan that enables the modification of the development standards of the typical R-1-5 zone. The Precise Plan will establish a 20 ft. rear yard building setbacks (see table below), which is more restrictive than the 15 ft. required by the R-1-5 zone, to encourage rear yards to be consistent with the R-1-7 zone for the surrounding area, and to provide the residents with additional rear yard area for private Oxford Street Project Page 6 12/12/07 recreation. The Precise Plan will also establish architectural, landscaping and fencing guidelines. The proposed precise plan guidelines will act as the modified R-1-5-P zoning standards for the project area, and are listed in the following table: PRECISE PLAN DEVELOPMENT STANDARDS Lot Size 5,000 sq. ft. minimum Lot Width 50 ft. minimum, except 35 ft. for cul-de-sac lots Building Coverage 40% maximum Floor Area Ratio (FAR) 50% Maximum (including garage) Front Yard Building Setback: (all setbacks measured from property line except where noted) . To Building (living area) 15 ft. . To Porch 10 ft. Width of porch shall not exceed 1/3 width of house . To Garage 22 ft. from closest edge of sidewalk to face of garage Rear Yard Building Setback: 20 ft, with the following exceptions: Up to 1/3 of the width of the first story of any house may encroach 5 ft. into the required 20 ft. rear yard setback, as long as the second story meets the main 20 ft. setback. The exception shall not apply to more than two adjacent houses. Interior Side Yard Building Setback 5 ft. Exterior Side Yard Building Setback 10ft. Building Height: 28 ft. / 2 stories (Measured to mean height level between eave and ridge -per CVMC 19.04.038) Fencing: Decorative stucco or wood fencing is required. Maximum height is 6 feet from adjacent grade level. Garage Minimum 400 square foot, 2-car garage with minimum dimension of 20 feet. Oxford Street Project Page 7 12/12/07 Notes: a. Minor modifications to Precise Plan map are permitted pursuant to approval of a Site Plan and Architectural Review by the Zoning Administrator, per CVMC 19.14.420. Amendments to the Precise Plan Map shall comply with the Precise Plan Development Standards. All other Precise Plan amendments shall comply with Precise Plan Modification requirements per CVMC 19.14.577. b. Uses and Development standards not addressed in this Precise Plan shall comply with the requirements of the Zoning Ordinance, CVMC Title 19. c. Accessory Uses and Structures shall comply with requirements of CVMC 19.24.030, with the following exceptions: (1) The first 300 square feet of any attached or detached open structure, such as a patio cover or gazebo, which are open on 2 or more sides, are exempt from the Floor Area Ratio requirements. (2) The first 100 square feet of detached enclosed buildings such as a pool, storage, or garden building is exempt for the floor are ratio requirement. (3) A 5-foot rear and side yard setback is required for any accessory structure in the required rear or side yard area. The proposed preCIse plan standards will have a positive impact on the surrounding neighborhood because the proposed standards allow the applicant to design a Project that is compatible with the existing single-family residential development. The Project will include 15- foot front yard and 10 foot exterior side yard building setback standards, which are the same as the R-1-7 Zone. A minimum rear yard setback of 20 feet is required, which exceeds the R-1-5 requirement and matches the R -1-7 zone. Through the use of three different floor plans at varying setbacks, the front and rear elevations of the homes will be staggered, which will vary the alignment of homes to add visual interest. Front yards of some homes may include porches, and rear yards of some homes may include a 5 ft. encroachment into the rear yard setback for a one-story element, which will add interest and variety to the elevations. The applicant is proposing single-story plans on 10 of the 24 lots, which will complement the surrounding area. The surrounding neighborhood also contains a mixture of single-story and two-story development. The Precise Plan will include architectural guidelines that will encourage variety in architectural styles, colors, materials, rooflines, and window treatments. Such standards will allow construction of a single-family development that is more compatible with the surrounding R-1-7 zone type of development than the typical R-1-5 development. Tentative Map Subdivision Design/Lot Size The narrow, rectangular shape of the property lends itself to a typical subdivision design with lots fronting on a single, centrally located street, connecting to East Oxford Street on the south. All lots meet the minimum 5,000 square foot lot size, 50-foot minimum lot width, and 35-foot cul-de-sac lot width required by the Precise Plan development standards and R-l zomng standards. The project will include an HOA open space lot at the end of the cul-de-sac, and Oxford Street Project Page 8 12/12/07 another landscaped HOA lot to support the grass-lined drainage swale at the southwestern corner of the lot. The lots will be designed to comply with the Subdivision Manual lot design criteria. The proposed density of the project is 6.15 dwelling units per acre, which is consistent with the density requirements of the RLM General Plan and R-I-P-5 zoning. The project proposes waiver of the Subdivision Manual standard that lot lines be located at the top of the slope, so that the south lot line of Lot One can be located at the bottom of the slope. This is necessary to meet minimum lot width and area requirements for the lot, and to minimize the amount of grading and use of retaining walls. A freestanding decorative wall will be placed within the HOA lot at the top of the slope. The area between the wall and the street right-of way will be placed in an easement and the landscaping and wall will be maintained by the Homeowner's Association. The City Engineer recommends approval of this waiver on the grounds that it would be a superior design and that the public safety will not be adversely impacted. Grading The site slopes uphill gently to the north, and is part of a gently sloping ridgeline that slopes uphill to the east. This area has been completely developed with single-family homes. The conceptual grading plan proposes a total of 2,370 cubic yards of grading, with balanced cut and fill. Manufactured slopes are limited to a few portions of the site, such as Lots 1 and 2, and along the westerly edge of the site. Slope heights will be minor with the maximum height of 5 ft. and grade of 2: 1 between Lot 24 and the grass-lined swale. Because slope heights are minor, the maximum retaining wall height will be 3 ft. Retaining walls will be limited to the rear of Lots 7- 12 and side lot lines of Lots 3, 4,21,22,23 and 24. Conditions of approval have been included requiring a wall and fencing plan and conceptual landscape plan to address any aesthetic concerns that may arise regarding to the design of walls and fencing and planting of the street trees and slopes. Any visible retaining walls, such as those along the rear of Lots 7-12, will be required by conditions of approval to be constructed of decorative materials. Project Access Vehicular access to the site is provided by East Oxford Street, a public street with an existing improved width of 40 feet with a 60 ft. right of way. The proposed on-site public street will be improved to 36 feet with a right-of-way of 56 feet. The proposed public street will create a 4-way intersection with East Oxford Street and Monterrey Street to the south. Conditions of approval require that the proposed on-site public street will be improved to full residential street standards with curb, gutter and sidewalk, and other public utilities in conjunction with Final Map approval. Pedestrian access on-site will be provided by non-contiguous sidewalks along the street frontage, connecting to existing sidewalks on East Oxford Street to the surrounding area. Transit service to the site will be provided by Chula Vista Transit. There is an existing bus stop located 1 block westerly of the site at the intersection of Melrose and East Oxford Street. Oxford Street Project Page 9 12/12/07 Public Utilities In conjunction with the review of the Project, the applicant has prepared technical reports analyzing the condition of public utilities such as sewer and water facilities, drainage, and water quality/storm water runoff systems. Drainage and water quality is discussed in the Background section above. The findings of these reports are summarized in the attached Mitigated Negative Declaration (see Attachment 8). The sewer technical report found that construction of additional public sewer improvements is needed to serve the Project, and that the Project would not impact existing sewer facilities. The existing sewer facility system includes 8-inch sewer lines along East Oxford Street and onc sewer lateral to serve the existing church. There are currently no sewer mains serving the northerly part of the site. Therefore a new 8-inch sewer lateral line within the proposed public street, connecting the sewer main in East Oxford Street is proposed to service the lots. The applicant will be required to submit a final sewer report and plan showing compliance with the City's Sewer Design Criteria, to the satisfaction of the City Engineer. The Sweetwater Authority Water District provides water service to the Project area. They will provide service to the Project, contingent upon approval of internal improvement plans. The proposed improvements will include a new water main extension within the proposed public road that connects to the existing Authority water main in East Oxford Street, and terminates in the proposed cul-de-sac. This would include new separate laterals and meters for each parcel. Adequate storage facilities exist to serve the project. Schools The Project site is located in the attendance area of Palomar Elementary School at 300 East Palomar Street, within the boundaries of the Chula Vista Elementary School District. The Project is also within the attendance area of Castle Park Junior High School located at 160 Quintard Street, and Castle Park High School at 1395 Hilltop Drive, within the Sweetwater Union High School District. Staff contacted each school district, to determine if the additional dwelling units proposed by the Project would cause these schools to be adversely impacted. Both School Districts provided updated student generation rates for new development. Palomar Elementary is presently below its capacity, and both Castle Park Junior High and Castle Park High Schools were both above their capacity. Applying these rates resulted in generation of approximately 8 elementary school students, 3 junior high school students, and 6 high school students, as described below: Oxford Street Project Page 10 12/12/07 School (Grade) Dwelling Units 24 X Generation Rate Students Generated Palomar Elementary School (K -6) .35 = 8 Castle Park Jr. High School (7-8) Castle Park High School (9-12) TOTAL 24 X .1216 - 3 - 24 X .2291 = 6 17 Both school districts responded that they would be able to accommodate the additional students generated by the Project, and that the schools would not be adversely impacted by the approval of the Project. CONCLUSION: Based on the preceding information, staff finds that the project meets the General Plan, Zoning and Subdivision Manual requirements, and recommends that the Planning Commission adopt the attached Planning Commission Resolution recommending that the City Council approve the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Rezone, Precise Plan and Tentative Map for the project, subject to the conditions listed in the attached Draft City Council Resolution and Draft Ordinance. 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 A "Fiscal Impact Analysis of the Oxford Street Project" report dated November 12, 2007 was prepared by CIC Research for the applicant. The report estimates the fiscal impact of the project on the operation and maintenance budget of the City's General Fund. The report concluded that there would be a positive surplus of $11 ,530 to the City General Fund, and no fiscal impacts as a result of the development of the Project. Also, the cost of processing the applications will be covered by the deposit accounts paid for by the applicant. Oxford Street Project Page II Attachments 1 Locator Map 2 Aerial Photo 3 Draft Planning Commission Resolution 4 Draft City Council Resolution 5 Draft City Council Ordinance 6 Precise Plan Map 7 Tentative Map 8 Final Mitigated Negative Declaration 9 Ownership Disclosure Fonns 10 Precise Plan Text Prepared by: Richard Zumwalt, Associate Planner, Planning and Building Department J: planning\casefiles\07 -08\PCZ\publichearing\PCZ 07 -08-PC-AS-11-8-07 12/12/07 KeUoog =Iernenta:v Sch:-ol CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT C!) ;;:: Brookfield Shea Otay, LLC. ~ 267 E. Oxford Street. SCALE: FILE NUMBER: No Scale PCZ-07-08 PROJECT DESCRIPTION: ZONE CHANGE Request 24 5FD development on a 3.9 acre lot Zone change proposed from R-1 to R-1-5-P. Located at 267 E. Oxford 5t NORTH Related cases: IS-07-031, PCS-07"()7 & GPM>7.Q4 ---....--......--.....-..,...... " ,...c............. ._"._~m_'" --...- OXFORD STREET PRECISE PLAN ;4 rr A-cH /l/1 e:- NT ..:2- Introduction I I I I I I I I I Figure 2 - Aerial Photograph Page.3 of 30 Oc,ober -:-. 2UlJ7 A7T4CHA1~JJ( 3 RESOLUTION NO. PCZ-07 -08/PCM -08-02/PCS-07 -07 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM IS-07- 031, REZONE PCZ-07-08 WITH PRECISE PLAN STANDARDS, PRECISE PLAN PCM-08-02, AND TENT A TIVE SUBDIVISION MAP PCS-07-07, FOR THE OXFORD STREET PROJECT LOCATED AT 267 EAST OXFORD STREET - CONCORDIA LUTHERAN CHURCH. WHEREAS, duly verified applications for a Rezone, Precise Plan And Tentative Subdivision Map were filed with the City of Chula Vista Planning Department on April 10,2007, by Brookfield Shea Otay, LLC ("Applicant") on behalf of Concordia Lutheran Church ("Owner"); and WHEREAS, the Applicant requests approval of an amendment to the adopted zoning map or maps established by Section 19.18.010 of the Chula Vista Municipal Code in order to rezone the Project Site from the R-l (Residential Single Family) Zone to the R-1-5-P (Residential Single Family, Precise Plan) zone with a "P" Precise Plan Modifying District, adopting Precise Plan standards and establishing a Precise Plan for the Project Site, and approval of a Tentative Subdivision Map to divide the Project Site into 24 single family residential lots ("Project"); and WHEREAS, the area ofland commonly known as the Oxford Street Project (current site of Concordia Lutheran Church), which is the subject matter of this Resolution, is depicted 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 .90-acres located at 267 East Oxford Street ("Project Site"); and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-07- 031 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 and Mitigation Monitoring and Reporting Program, IS-07 -031. WHEREAS, The Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, IS-07 -031, was considered by the Resource Conservation Commission, who voted 5-0-0-1 on November 19, 2007, to recommend that the City Council adopt the Mitigated Negative Declaration; and WHEREAS, the Planning and Building Director set the time and place for a hearing on the Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet ofthe exterior boundaries of the property, at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., December 12,2007, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission having received certain evidence on December 12, 2007, as set forth in the record of its proceedings, incorporated herein by this reference made certain findings with respect to its recommendation of Resolution PCZ-07-08/PCM-08-02/PCS-07-07, which are identified herein; and WHEREAS, the Planning Commission finds that the Mitigated Negative Declaration and Mitigation Monitoring Program (IS-07 -031), has been prepared in accordance with requirements of CEQA, the State CEQA Guidelines and the Environmental Review Procedures ofthe City ofChula Vista; and WHEREAS, the Planning Commission agrees with the findings included in the draft Resolutions of Council, attached hereto, and adopts such findings as their own, including the findings for approval of rezone and precise pan modifying district; consistency with the General Plan, those of public convenience, necessity, general welfare, and good zoning practice; Precise Plan; and Tentative Subdivision Map. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION, based on the facts and circumstances presented at the hearing, the attached Agenda Statement and draft resolutions and ordinance, and the ability to make the findings necessary for such action, recommends that the City Council adopt the attached Draft City Council Ordinance adopting Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, IS-07-031, and Rezone PCZ -07-08, rezoning the Project Site from the R-l (Residential Single Family) Zone to the R-1-5-P (Residential Single Family, Precise Plan) zone with "P" Modifying District, and adopting Precise Plan standards; and Draft City Council Resolution for Precise Plan PCM-08-02, and Tentative Subdivision Map PCS-07-07, approving a Precise Plan and establishing conditions of a Tentative Map for the Project, to divide the Project Site into 24 single family residential lots. BE IT FURTHER RESOLVED THAT a copy ofthis resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 12th day of December, 2007, by the following vote, to-wit: AYES: NOES: ABSENT: William C. Tripp, Chairperson ATTEST: Diana Vargas, Secretary J:\Planning\Case Files\-07 (FY 07-08)\PCZ\ PCZ-07-08\PCZ-07-08-PCM-08-02-PCS-07-07.PCRes CHULA VISTA PLANNING AND LC)OCATOR ~~~Fc';.k: PROJECT ADDRESS: SCALE: No Scale BUILDING DEPARTMENT Brookfield Shea Otay, LLC. 267 E. Oxford Street. PROJECT DESCRIPTION: ZONE CHANGE Request 36 SFD development on a 3.9 acre lot. Zone change proposed from R 1 to R2. Located at 267 E. Oxford St NORTH FILE NUMBER: PCZ-07 -08 Related cases: 15-07-031, PCS-07-07 & GPA-07-04 J:\Planning\Public Notices\PCZ\PCZ0708.cdr 04.26.07 ATT-"i c I-t ~ E1vJI 1- RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM IS-07 -031, APPROVING A PRECISE PLAN AND ESTABLISHING CONDITIONS OF A TENTATIVE MAP FOR THE OXFORD STREET PROJECT, TO DIVIDE 3.90 ACRES LOCATED AT 267 EAST OXFORD STREET INTO 24 SINGLE-FAMILY RESIDENTIAL LOTS - CONCORDIA LUTHERAN CHURCH. I. RECITALS A. Project Site WHEREAS, the area of land commonly known as the Oxford Street Precise Plan (PCM- 08-02) and Tentative Subdivision Map (PCS-07-07), Chula Vista Tract No. 07-07, which is the subject matter of this Resolution, and is depicted in Exhibit "A", attached hereto and incorporated herein by this reference, and for the purpose of general description consists of 3.90 acres located at 267 East Oxford Street, located within the Residential Low Medium Designation (3-6 dwelling units per acre) of the General Plan, and the Residential Single Family, Precise Plan (R-1-5-P) zone, consisting of APN 639-392-14-00, ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, on April 10, 2007, a duly verified application was filed with the City of Chula Vista Planning and Building Department by Brookfield Shea Otay, LLC ("Applicant") on behalf of Concordia Lutheran Church ("Owner") requesting approval of a Precise Plan and Tentative Subdivision Map to subdivide 3.90 acres into 24 single family residential lots ("Project"); and c. Prior Discretionary Approvals WHEREAS, on January 8, 2008, the City Council of the City ofChula Vista voted _-_-_- _ to adopt an ordinance adopting Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, IS-07-031, and amending the City Of Chula Vista Zoning Map established by Section 19.18.010 of the Chula Vista Municipal Code to rezone the Project Site as depicted in Exhibit "A" from the R-l (Single-Family Residence) Zone, to the R-1-5-P (Single-Family Residence, Precise Plan Modifying District) Zone, and adopting a Precise Plan Modifying District with Property Development Standards for the project; and, WHEREAS, on November 19,2007, the Resource Conservation Commission voted 5-0- 0-1 to find that Initial Study IS-07-031 for the Project was adequately prepared, and recommended that the City Council adopt the Negative Declaration, IS-07-031 and Mitigation Monitoring and Reporting Program, IS-07 -031, and D. Planning Commission Record on Applications WHEREAS, the Planning Commission held an advertised public hearing on the Project on December 12,2007, and after hearing staffs presentation and public testimony voted _-_- Resolution No. 2007- _ to recommend that the City Council approve the Project, in accordance with the findings and subject to the conditions listed below; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project held on December 12, 2007, and the minutes and Resolution resulting therefrom, are hereby incorporated into the record of this proceeding; and E. City Council Record on Applications WHEREAS, the City Clerk set the time and place for the public hearing on the Project's tentative subdivision map application; and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, its mailing to property owners within 500 feet of the exterior boundary of the Project, at least 10 days prior to the hearing; and F. City Council 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 January 8, 2008, in the Council Chambers, 276 Fourth Avenue, at 6:00 p.m. to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same. WHEREAS, the meeting was held at the time and place as advertised, namely 6:00 pm, January 8, 2007, in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: II. COMPLIANCE WITH CEQA The Environmental Review Coordinator has reviewed the proposed Project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-07-031 in accordance with the California Environmental Quality Act (CEQA). 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-07-031. III. INDEPENDENT JUDGEMENT OF THE CITY COUNCIL The City Council finds that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-07-031) have been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista; 2 Resolution No. 2007- The City Council considered Mitigated Negative Declaration and Mitigation Mon\toring and Reporting Program (IS-07-031) together with any comments received during the public reVIew process; The City Council further finds that on the basis of the whole record before it, including the initial study and any comments received, 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; The Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS- 07 -031) and other related materials are located in the Planning and Building Department and maintained by the custodian of said documents who is the Director of Planning and Building. This constitutes the record of proceedings upon which this adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program is based; The City Council further finds that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-07 -031) reflects the independent judgment of the City Council of the City of Chula Vista and adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-07 -031) for the Project. IV. PRECISE PLAN FINDINGS/APPROVAL 1. That such plan will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The City Council finds that the proposed precise plan and development standards contained in attached Exhibit C will not have a negative impact on the surrounding neighborhood because the proposed standards allow the applicant to design a Project that is more compatible with the type and intensity of existing residential development in the area. The surrounding area includes single-family homes to the north, south, east and west. These homes were developed pursuant to the R-1-7 zone with predominantly 7,000 square foot lots. To provide a subdivision design that is more compatible with the R-1-7 zone, the Project will include a minimum rear yard setback requirement of 20 feet, which exceeds the R-1-5 requirement, and matches that of the R-1-7 zone. Through the use of three different floor plans at varying setbacks, the front and rear yards of the Project will be staggered, which will vary the alignment of homes to add visual interest. The applicant is proposing single-story plans on 10 of the lots, which will complement the surrounding area, which also contains a mixture of single-story and two-story development. Such standards will allow construction of a single-family development that is more aesthetically attractive and compatible with the surrounding R-1-7 zone type of development than the typical R-1-5 development. The project meets the density requirements of the General Plan, and therefore the intensity of development is consistent with that of the surrounding single-family area and will not adversely impact public facilities such as parks and schools. 2. That such plan satisfies the following principles for amendment of the "P" modifying district as set forth in CVM C 19.56.041: 3 Resolution No. 2007- (a) The basic or underlying zone regulations do not allow the property owner or the City the appropriate control or flexibility needed to achieve an efficient and proper relationship among the uses allowed in the adjacent zone The City Council finds that application of the "P" modifying district is appropriate because the underlying R-1-5 zone regulation does not allow development standards needed to achieve a project design that is compatible with the adjacent residential area, and therefore a precise plan modifying district is needed to allow a more compatible design. Development of the site under the standard R-1-5 zoning would potentially result in massing issues created by rows of rear elevations of homes developed with a 15 ft. rear yard setbacks. The Precise Plan standards will allow the Project to be designed with development standards which will make a more appropriate transition between adjacent single family development on 7,000 square foot lots, and will also be designed to include walls, fencing and landscaped open space lots that will help buffer the units adjacent from the adjacent uses, in a manner that the development of the site will better coexist with adjacent uses. 3. That any exceptions granted which may deviate from the underlying zoning requirements shall be warranted only when necessary to meet the purpose and application of the "P" Precise Plan Modifying District. With the exception of the rear yard setback of 20 feet and the front yard setback to the porch of 10 feet, the development standards are the same as the R-1-5 zone. Minor encroachment into the front and rear yard setbacks would add interest and articulation to the street scene and rear elevations. Development of the lot using the development standards of the R-1-5 zone would limit the ability of the applicant to propose a design that meets the goal of achieving an efficient and proper relationship among the uses allowed in the adjacent zone. The Precise Plan will provide special development standards that will make the project more compatible with adjacent single-family housing, which was developed under the R-1-7 development standards. The City Council finds that these requested deviations under the Precise Plan are warranted in order to achieve the purpose of the Precise Plan Modifying District. 4. That the approval of this plan will conform to the General Plan and the adopted policies of the City OfChula Vista. The Project has been designed and evaluated in accordance with the goals and objectives of the General Plan. The Precise Plan, as described above, will allow the Project to be consistent with the goals and objectives of the General Plan, and the Chula Vista Municipal Code. 4 Resolution No. 2007- The Precise Plan and Precise Standards as depicted in Exhibits B are adopted and are supported by the required findings (CVMC Section 19.56.041, as outlined in Section II (E) above. ' V. WAIVER OF PUBLIC FACILITIES FINANCING PLAN Pursuant to CVMC 19.09.050, the City Council hereby finds that the requirement for a Public Facilities Financing Plan is hereby waived because the project is infill development located in a developed portion of the City where adequate public facilities exist or will be provided concurrent with development of the project site, therefore there are no public service, facility or phasing needs that warrant the preparation of a Public Facilities Financing Plan. VI. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map, as conditioned herein for 267 East Oxford Street, is in conformance with the elements of the City's General Plan, based on the following: 1. Land Use The General Plan land use designation is Low Medium Residential (3-6 dwelling units per acre). The proposed 24-lot subdivision will be developed at a density of 6 dwelling units per acre, which is within the allowable density and permitted number of dwelling units. 2. Circulation All off-site public streets required to serve the subdivision already exist or will be constructed or paid for by the Applicant in accordance with the Conditions of Approval. The on - site public street is designed in accordance with the City design standards and/or requirements and provide for vehicular and pedestrian connections. 3. Public Facilities The Project has been conditioned to ensure that all necessary public facilities and services will be available to serve the Project concurrent with the demand for those services. There are no public service, facility, or phasing needs created by the Project that warrants the preparation of a Public Facilities Financing Plan, therefore this requirement is waived. 4. Housing The Project is consistent with the density prescribed within the Residential Low- Medium General Plan designation, and provides additional opportunities for single- family residential home ownership in the southwestern portion of the City. 5 Resolution No. 2007- 5. Growth Management The surrounding street segments and intersections including East Oxford Street and Melrose Avenue will continue to operate at the same Level of Service in compliance with the City's traffic threshold standard with the proposed project traffic. No adverse impact to the City's traffic threshold standards would occur as a result of the proposed project. The Project site is located in the attendance area of Palomar Elementary School, within the boundaries of the Chula Vista Elementary School District. The Project is also within the attendance area of Castle Park Junior High School and Castle Park High School, within the Sweetwater Union High School District. Palomar Elementary is presently below its capacity, and both Castle Park Junior High and Castle Park High Schools were both above their capacity. Both school districts responded that they would be able to accommodate the additional students generated by the Project, and that the schools would not be adversely impacted by the approval of the Project. The project site is within the potable water service area of the Sweetwater District. The project may be serviced from the 8"-water main on East Oxford Street and the applicant will need to install a service main to service this site. No significant impacts to existing facility systems or the City's water threshold standards will occur as a result of the proposed project. The project site is within the boundaries of the City of Chula Vista wastewater services area. The existing sewer facility system includes 8-inch sewer lines along East Oxford Street and one lateral to serve the existing church. Therefore a new 8- inch sewer lateral line within the proposed public street, connecting the sewer main in East Oxford Street is proposed to service the lots. No adverse impacts to the City's sewer system or City's sewer threshold standards will occur as a result of the proposed proj ect. 6. Open Space and Conservation The project proposes individual single-family homes that meet the minimum open space requirement per the Chula Vista Municipal Code. The Environmental Review Coordinator has prepared a Negative Declaration and Mitigation Monitoring and Reporting Program, IS-07 -031, in compliance with the California Environmental Quality Act, and finds that the development of the site to be consistent with the goals and policies of the Conservation Element. 7. Parks and Recreation The proposed project would not induce significant population growth, as it is a small residential infill project and would not impact existing or proposed recreational facilities. The Project has been conditioned to pay park acquisition and development fees prior to recordation of the Final Map. 8. Safety The City Engineer, Fire and Police Departments have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal meets those standards. 6 Resolution No. 2007- 9. Noise The Project has been reviewed for compliance with the Noise Element, a I10ise study has been prepared by the applicant, which has determined that the project as conditioned will comply with applicable noise measures at the time of issuance of the building permit. The Project has been conditioned to require that all dwelling units be designed to preclude interior noise levels over 45 dBA and exterior noise exposure over 65 dBA for all outside private yard areas. 10. Scenic Highway This Project Site IS not located adjacent to or visible from a designated scemc highway. 11. Seismic Safety A Geotechnical report has been prepared for the Project, which has determined that the site is not within or near a mapped earthquake fault zone, and there are no known or suspected seismic hazards associated with the Project site. Conditions of approval have been included which require that a detailed soils report and geo-technical study be prepared prior to approval of grading plans, and that foundation plans be reviewed in conjunction with building permits. Therefore, project compliance with applicable Uniform Building Code standards would adequately address any. building safety/seismic concerns. B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the configuration, orientation, and topography of the site allows for the optimum siting of lots for natural and passive heating and cooling opportunities and that the development of the site will be subject to site plan and architectural review to insure the maximum utilization of natural and passive heating and cooling opportunities. C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. D. The site is physically suited for residential development because it is graded, level, is presently developed as a church, and is located adjacent to existing residential development. The Project conforms to all standards established by the City for a residential development. E. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extend to the impact created by the proposed development. 7 Resolution No. 2007- VII. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, set aside, void or annual imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with the project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below. VIII. TENTATIVE MAP GENERAL CONDITIONS OF APPROVAL A. Project Site is Improved with Project The Applicant, or his/her successors in interest, shall improve the Project Site with the Project as described in the Tentative Subdivision Map, Chula Vista Tract No. 07-07, located at 267 East Oxford Street. IX. SPECIAL CONDITIONS OF APPROVAL A. The conditions herein imposed on the tentative map approval or other entitlement herein contained is approximately proportional both to nature and extent of impact created by the proposed development. Unless otherwise specified, all conditions and code requirements listed below shall be fully completed by the Applicant, Owner or Successor-in-Interest to the City's satisfaction prior to approval ofthe Final Map, unless otherwise specified: GENERAL! PLANNING AND BUILDING 1. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the' Applicant as to any or all of the property. 2. Applicant shall pay in full any unpaid balance for the Project, including Deposit Account No. DQ1439 and related Engineering Department accounts. 3. Applicant and his/her successors in interest shall, comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the property which is the subject matter of this Tentative Subdivision Map and as recommended for approval by the Planning Commission on November 28, 2007. The Applicant shall enter into an agreement with the City, providing the City with such security (including recordation of covenants running with the land) and implementation procedures as the City may require compliance with the above regulatory documents. Said Agreement shall also ensure that, after approval of the Final Map, the Applicant and his/her successors in interest will continue to comply, remain in compliance, and implement such Plans. 8 Resolution No. 2007- 4. Any and all agreements that the Applicant is required to enter into hereunder shall be in a form approved by the City Attorney. 5. If any of the terms, covenants or conditions contained herein shall fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Applicant shall be notified in writing 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. 6. The Applicant shall implement to the satisfaction of the City Environmental Review Coordinator and the City Engineer the mitigation measures identified in the Mitigated Negative Declaration (IS-07-031) and associated Mitigation Monitoring and Reporting Program for the Project. 7. The Applicant shall comply with the "Recycling and Solid Waste Management Plan" which has been approved by the City of Chula Vista Conservation Coordinator. The plan demonstrates those steps the Applicant will take to comply with Municipal Code, including, but not limited to Sections 8.24 and 8.25, and meet the State mandate to reduce or divert at least 50 percent of the waste generated by all residential, commercial and industrial developments. The Applicant shall contract with the City's franchise hauler throughout the construction and occupancy phase of the project. The plan shall incorporate trash enclosures which are designed to comply with the City's N.P.D.E.S. permit if applicable, to provide compatibility with the architectural style of the development, and to enhance trash enclosure doors where they are highly visible. 8. Applicant shall obtain a demolition permit from the Building Division and remove all existing structures prior to issuance of the Grading Permit or Final Map, whichever occurs first. 9. Applicant shall present written verification to the City Engineer from the Sweetwater Authority that the subdivision will be provided adequate water service and long-term water storage facilities. 10. Applicant shall obtain approval of a street name and street addresses to the satisfaction of the Director of Planning and Building and City Engineer. 11. Applicant shall pay all applicable parkland acquisition and development (PAD) fees, including in-lieu fees, to the City in accordance with Chapter 17.10 of the .Municipal Code. 9 Resolution No. 2007- 12. Applicant shall submit detailed street tree and landscape erosion control plans for the Project concurrent with grading plan submittal and approved prior to approval of the Grading Permit by the Director of Building and Planning or designee. Plans shall be prepared by a registered Landscape Architect pursuant to the City's Landscape Manual, City Grading Ordinance and Subdivision Manual. Plans shall be consistent with the Concept Landscape Plan approved in conjunction with the Precise Plan and Tentative Map. 13. Applicant shall install landscaping as depicted on the approved landscape plans and shall provide root barriers and deep watering irrigation systems for trees, as approved by the Director of Planning & Building. 14. Applicant shall enter into an assignable "Grant of Easements and Encroachment permit" to ensure the perpetual maintenance of landscaping within the right-of-way by the Home Owner's Association. Street parkways shall be designated as recycled water use areas, if approved by the local water purveyor and the San Diego County Health Department. 15. Prior to the installation of any dry utilities, including but not limited to cable, telephone, gas or electric lines, Applicant shall complete street improvement Landscape Improvement Plan showing above ground utilities. Prior to any utility installation, wood stakes shall be placed by the Applicant "on-site" according to the approved street improvement Landscape Improvement Plan, and shall be painted a bright color and labeled as "future street tree location". Applicant agrees to provide to the City adequate documentation that all utility companies have been given notice that no dry utility line shall be located within five feet of the wood stake in any direction. Applicant will maintain street tree identification stakes in the locations as shown on the approved street improvement Landscape Improvement Plan until all dry utilities are in place. 16. Applicant shall provide a minimum of 3 feet of flat ground access from the face of any HOA maintained wall, fence, or landscaped area, to the beginning of the slope rounding for maintenance, unless otherwise approved by the Director of Planning & Building. 17. Applicant shall install fire hydrants as determined by the City Fire Marshall. Said hydrant locations shall be shown on the improvement plans. 18. Applicant shall submit plans and information to the satisfaction of the Chula Vista Fire Department that the Project meets the Chula Vista Fire and California Fire Code requirements, including but not limited to fire access, water supply, sprinkler systems, and fire alarms. GRADING/DRAINAGE/NPDES 19. The Applicant shall submit and obtain the City Engineer's approval of a detailed grading plan in accordance with the Chula Vista Grading Ordinance. 10 Resolution No. 2007- 20. The Applicant shall submit improvement plans prepared by a Registered Civil Engineer and obtain a construction permit to perform any work in the City's right of way or future right of way. 21. The Applicant shall provide a conceptual Dry Utility Plan, Geological Investigation, Water and Sewer Availability Studies, Drainage Study, Water Quality Technical Reports (WQTR) with the Improvement and Grading Plan submittals. 22. The Applicant shall obtain approval of water improvements by the Sweetwater Authority in conjunction with Improvement plans. 23. The Applicant shall comply with all provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program during and after all phases of the development process, including but not limited to: rough grading, construction of street and landscaping improvements, and construction of dwelling units. 24. The Applicant shall incorporate site design BMP features and permanent BMP's described in the final approved water quality and drainage report into the design and construction of the project and shown on the grading plans. 25. The Applicant shall replace all existing sidewalks, curbs, and gutters on East Oxford Street from property line to property line with curb, gutter and sidewalk to match existing improvements to satisfaction of City Engineer. 26. The Applicant shall install curb, gutter and sidewalk paving on the proposed on,site public street to the satisfaction of the City Engineer. 27. The Applicant shall install ADA Pedestrian Ramps on both sides of proposed onsite public street to the satisfaction ofthe City Engineer. 28. The Applicant shall repair East Oxford Street along the property line to the centerline with an asphalt treatment approved by the City Engineer. 29. The applicant is required to comply with the City's SUSMP as amended from time to time. 30. Applicant shall establish a homeowners association to fund and oversee a contract for the maintenance of the onsite storm water BMP's. The frequency of maintenance of the storm water BMP's shall be contained in the provisions of the Codes, Covenants & Restrictions (CC&Rs). The City Engineer and Director of Public Works shall approve the provisions of the CC&Rs regarding the onsite storm water BMP's prior to approval of the final map. 11 Resolution No. 2007- IMPROVEMENTS 31. All sewer laterals shall be privately maintained by the homeowner or HOA from each building to the City maintained public sewer main. 32. Applicant shall design and construct all street improvements in accordance with Chula Vista Design Standards, Chula Vista Street standards, and the Chula Vista Subdivision Manual unless otherwise approved by the City Engineer. 33. Applicant shall guarantee, subject to Municipal Code Section 18.44 relating to the construction of public street improvements for the project. 34. Applicant shall provide evidence to the satisfaction of the City Engineer of ties to established survey monuments to the proposed street centerlines prior to issuance of any grading or construction permits or approval of the Final Map. CC&R's 35. The Applicant shall submit a Declaration or Supplementary Declaration of Covenants, Conditions, and Restrictions (CC&Rs) for approval by the City Engineer and Director of Planning and Building prior to approval of the final map. The CC&Rs shall include the following obligations of the Homeowners Association (HOA): a. Listing of maintained private facilities. b. Tbe City's right but not the obligation to enforce CC&R's. c. Provision that no private facilities shall be requested to become public unless all homeowners and 100% of the first mortgage oblique have signed a written petition. d. Maintenance of all private walls, fences, lighting structures, paths, recreational amenities and structures, drainage structures and landscaping. e. Implement education and enforcement program to prevent the discharge of pollutants from all on-site sources to the storm water conveyance system. f. Before any revisions to provisions of the CC&R's that may particularly affect the City can become effective, said revisions shall be subject to approval of the City. The HOA shall not seek approval from the City of said revisions without the prior consent of 100% of the holders of first mortgages or property owners 'within the HOA. g. The HOA shall not seek to be released by the City from the maintenance obligations described herein without the prior consent of 100% of the holders of first mortgages or property owners within the HOA. 36. The CC&Rs referenced in condition 35 shall be consistent with Chapter 18.44 of the Subdivision Ordinance. 37. The Applicant shall submit homeowners assocIatIOn (HOA) budget for review and approval prior to final map approval by the City Engineer for the maintenance of private 12 Resolution No. 2007- facilities, including but not limited to streets, storm drains and sewage systems. Said budget shall include the BMP's and landscaping within the public street right-of-way. EASEMENTS 38. All existing easements shall be shown and tied at lot lines on the final map. A title report dated within 60 days of submittal of the final map shall be submitted together with backing documents for all existing public utility easements and offers of dedication. Developer shall submit evidence of noticing to all existing public utility easement holders within the project boundaries as required by the Section 66436 of the Subdivision Map Act. 39. Applicant shall grant to the City a 5.5-foot wide street tree planting and maintenance easement along all public streets within the subdivision as shown on the Tentative Map. 40. Applicant shall process a "Grant of Easements, License and Maintenance Agreement" to allow the HOA to maintain the landscaping within the proposed public right of way. AGREEMENTS 41. Applicant and hislher successors in interest agree to defend, indemnify and hold harmless the City and its agents, officers, and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees wit regard to this subdivision pursuant to Section 66499.3 7 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. 42. Applicant and hislher successors in interest agree to hold the City harmless from any liability for erosion, siltation, increase flow of drainage, or spillage of sewage resulting from this Project, now and in the future. 43. Applicant and his/her successors in interest agree to ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. 44. Applicant and his/her successors in interest agree to comply with all applicable sections of the Chula Vista Municipal Code and prepare the Final Map and all plans in accordance with the provisions of the Subdivision Map Act, Subdivision Ordinance and the Subdivision Manual of the City of Chula Vista. 45. Applicant shall enter into separate agreements with the Sweetwater Union High School District and Chula Vista Elementary School District regarding annexation into Community Facilities District No. 10, or pay school fees as required by State Law, to the 13 Resolution No. 2007- satisfaction of the above school districts prior to issuance of the first building permit for the Proj ect. MISCELLANEOUS 46. On the Final Map, the Applicant shall tie the boundary of the subdivision to the California Coordinate System (CCS83), Zone VI based on the North American Datum of 1983 (NAD 83). 47. Applicant shall pay following fees based on the final building permit issuance: a) Sewer Connection and Capacities fees b) Development Impact Fees c) Traffic Signal Fees 48. Improvement Plans shall show that driveways shall comply with the City of Chula Vista driveway standards per CVCS 1-B to the satisfaction ofthe City Engineer. . 49. The Applicant shall submit copies of the Final Map, grading plans, and improvement plans in a digital format such as (DXF) graphic file prior to approval of the Final Map in a form acceptable to the City Engineer. 50. Applicant shall submit a conformed copy of a recorded tax certificate covering the property prior to approval ofthe Final Map. 51. Applicant shall provide evidence to the satisfaction of the City Engineer of ties to established survey monuments to the proposed street centerlines prior to issuance of any grading or construction permits or approval of the Final Map. B. The following Conditions of Approval shall be satisfied prior to issuance of the first building permit for the Project, unless otherwise noted: 1 Applicant shall design all dwelling units to preclude interior noise levels over 45dBA and exterior noise exposure over 65 dBA for all outside private yard areas. 2 Plans for new construction shall comply with 2001 Ca. Building Code, Electrical code, Plumbing Code, Mechanical Code, Fire Code, 2004 Energy Code, 1997 Uniform Code for Abatement of Dangerous Buildings, Seismic Zone 4, Wind speed - 70 MPH, and Exposure-c. Plans submitted on or after January 1, 2008 shall comply with 2005 Energy Code, and new 2007 Ca. Building Code, Electrical Code Plumbing Code, Fire Code and Mechanical Code. 3 Applicant shall submit a detailed wa11/fencing plan showing that all project walls and fences comply with the Oxford Street Precise Plan dated 11/20/07 and applicable City of Chula Vista Municipal Code requirements. Plan shall indicate color, materials, height and location of freestanding walls, retaining walls, and fences to the Director of Planning and 14 Resolution No. 2007- Bqilding for approval prior to issuance of the first building permit. The wall plan shall also include details such as accurate dimensions, complete cross-sections showing required walls, adjacent grading, landscaping, road/trail/sidewalk improvements, and the location of typical residential structures. Materials and color used shall be compatible and all walls located in corner side-yards or rear yards facing public or private streets or pedestrian connections shall be constructed of a decorative masonry and/or wrought iron material. Any combination free standing/retaining walls shall not exceed nine (9) feet in height. The Applicant shall submit a detail and/or cross-section of the maximum/minimum conditions for all "combination walls," which include retaining and free standing walls, as part of said wall plan. IX. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL 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 Recorder of the County of San Diego, at the sole expense of the property owner and the Applicant, and a signed, stamped copy of this recorded document within ten days of recordation to the City Clerk shall indicate the property owner and 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 Applicant Date Signature of Property Owner Date X. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Applicant shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given 15 Resolution No. 2007- the opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time frame. XI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provision, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by: Approved as to form by: Jim Sandoval Director of Planning & Building Ann Moore City Attorney J: \Planning\casefi les\fy07 -08\PCS-07 -07\pcs07 -07 .cc.reso.doc 16 CHULA VISTA PLANNING AND BUILDING Loe A TOR PROJECT PROJECT DESCRIPTION: ru APPLICANT: Brookfield Shea Otay, LLC. ZONE CHANGE ff\ ~~g~~~1: 267 E. Oxford Street. "---J SCAlE: FILE NUMBER: No Scale PCZ-07-08 DEPARTMENT Request: 36 5FD development on a 3.9 acre lot. Zone change proposed from R1 to R2. Located at 267 E. Oxford 5t NORTH Related cases: 1~7-O31, PCS-07-07 & GPA-07-04 J:\Planning\Public Notices\PCZ\PCZ0708.cdr 04.26.07 , t: ii. ~.:: I .~ .s. o.. .... t ~ .. .... '" .~ ~ ~ :s ~ ~ e ~ ~ fo.. ~ ~ ~ ~ Q::; ~ ~ .. .... 'i' .... o t/) U Q. -- OJ. miffl ~-.eMJ9 'Nd~ ----'"aN-;~J~~~}"~Mbsor,r--------- I I I I I I ---------------~---------------- I I I i --------------------- --------------------- ~ \'!! r I : 8~ L_ 8~ '. @i ----- ----- , 8~ @i "'. 8- @: ..2 . . 8i @i e~ @~ . _2 . 8i ... @i . l- . 8i ('\~ 8~ e~ e:: _2 ~ . @i @i --- ---- - -/7------ ---- : , , , , , , , , I 1\ \ i \ \ ~ \~ ,1:1:; \::J \g \~ \ I ...= ". , , ..= ." , ~a , ~~ , Q; ", I I , I I 1 It); .....; ; ~i t") Z I I 9J fiJ:iHJ. ;.j.-OLgt6C9 Ntf~ : ~~9.;ZN1Z' : YtlNttW b'37~S3W . ._.::'_~_'",;:7""_~~_.~_- :::."'7_-:::~__:__;:.;"':"':=_::::__~_~...7: " \'! --------------- .. : \'! . , --------------- '" ' ~ ~ ; ~ t II :~--------------- I ,n ~.. ... . ~ ~l ~ 'I! ~~~ I .,--------~~~-- ItI....- : I ; ~~? " ~~~ Uj~~ I --------~-~-- : ~I ~ ~ ~ .. ~--------------- ::' g ",. 1 , --------------- Q. ~~ , --------------- .. ~i , ~~ p" :1 I E)(h;bl.'r~ i...n It) o~ Q,a:~ 0( ~ ~ 0 ~ i !;( LL f !z><ol ~ 0& I I I fl; i i; ~~~ ~!I c ~.a:.f 111111 ~ ::J ~ ~ ;:. ...: L_m__ Q., .. ~ .. .~ .. ;; ... .... I .... ... ... = .. 1>: t- o o '" ,,; " '" " 8 fl) ~ -~---~------- ~~~~ ;~~ ~ Ill}..<=: ~ (:~:!:---;;~ \ ~! --- ---- ~t , ~ (J) o 1:1:; ... ~ ::>! ~ '" ~ Q I~ ,0.. A7TACt-fMgAJ; 5-~ DRAFT ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM IS-07-031, AMENDING THE ZONING MAPS ESTABLISHED BY MUNICIP AL CODE SECTION 19.18.010 BY REZONING ONE PARCEL LOCATED AT 267 EAST OXFORD STREET FROM R-1 (RESIDENTIAL SINGLE FAMILY) TO R-1-5-P (SINGLE FAMILY RESIDENTIAL, PRECISE PLAN), AND ADOPTING PRECISE PLAN STANDARDS. 1. RECITALS A. Project Site WHEREAS, the area of land, which is the subject of this ordinance is depicted in Exhibit "A" which is incorporated into the ordinance by this reference, and for the purpose of general description consists of one parcel totaling 3.90 acres, located at 267 East Oxford Street, commonly know as the Concordia Lutheran Church ("Project Site or Site"); and B. Project; Application for Discretionary Approval WHEREAS, on April 10,2007, a Rezone application was filed by Brookfield Shea Otay, LLC ("Applicant") on behalf of the Concordia Lutheran Church ("Owner") with the Planning and Building Department of the City of Chula Vista requesting an amendment to the adopted zoning map or maps established by Section 19.18.010 of the Chula Vista Municipal Code in order to rezone the Project Site from the R-l (Residential Single Family) Zone to the R-1-5-P (Residential Single Family, Precise Plan) zone, establishing a Precise Plan Modifying District, and adopting Precise Plan standards for the Project Site ("Project"); and C. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on December 12, 2007, at 6:00 p.m. in the City Council Chambers at 276 Fourth Avenue and, after hearing staff presentation and public testimony, voted _-_-_-_ to recommend that the City Council adopt the Project, in accordance with the findings listed below; and WHEREAS, the Planning and Building Department set the time and place for the hearing on the Project applications and notices of the hearing, together with its purposes given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 ft. of the exterior boundaries of the Project Site at least ten (10) days prior to the hearing; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project held on December 12, 2007, and the minutes and resolution resulting there from, are incorporated into the record of these proceedings; and E. City Council Record on Application Ordinance Page 2 WHEREAS, the City Clerk set the time and place for the hearing on the Project applications and notices of the hearing, together with its purposes given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 ft. of the exterior boundaries of the Project Site at least ten (10) days prior to the hearing; and WHEREAS, the City Council held an advertised public hearing on the Project on_ _,2008, at 6:00 p.m. in the City Council Chambers at 276 Fourth Avenue; and WHEREAS, after hearing staffs presentation and public testimony, and receiving the recommendation of the Planning Commission, the City Council voted _-_-_-_ to adopt the Mitigated Negative Declaration (IS-07-031) and approve the project, in accordance with the findings listed below; and F. Discretionary Approvals Resolution WHEREAS, at the same City Council hearing at which the ordinance was introduced for first reading ( _, 2008), the City Council approved Resolution 2008-_ by which it approved a Precise Plan and Tentative Map for the Project site. NOW THEREFORE, the City Council of the City of Chula Vista does hereby find, determine and ordain as follows: A Certification of Compliance with California Environmental Quality Act (CEQA) WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-07-031 in accordance with the California Environmental Quality Act (CEQA). 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 -031. B. Independent Judgment Of The City Council WHEREAS, the City Council considered Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-07 -031) together with any comments received during the public review process; WHEREAS, the City Council further finds that on the basis of the whole record before it, including the initial study and any comments received, 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; WHEREAS, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-07 -031) and other related materials are located in the Planning and Building Department and maintained by the custodian of said documents who is the Director of Planning Ordinance Page 3 and Building. This constitutes the record of proceedings upon which this adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program is based; WHEREAS, the City Council has exercised their independent review and judgment and concurs with the Planning Commission, and Environmental Review Coordinator's determination that Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-07- 031) in the form presented, has been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista, and adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-07 -031). C. The rezoning of the Project Site is consistent with the City of Chula Vista General Plan, as approved on 12/13/05, and public necessity, convenience, the general welfare and good zoning practice support the amendment to the Municipal Code. D. The City Of Chula Vista Zoning Map established by Section 19.18.010 of the Chula Vista Municipal Code is amended to rezone the Project Site as depicted in Exhibit "A" from the R-l (Residential Single Family) Zone to the R-1-5-P (Residential Single Family, Precise Plan) zone, with Precise Plan Modifying District, including Property Development Standards as represented in Exhibit B. FINDINGS FOR APROV AL OF REZONE AND PRECISE PLAN MODIFYING DISTRICT, INCLUDING PRECISE PLAN STANDARDS. Pursuant to Section 19.56.041 of the Chula Vista Municipal Code, the City Council of the City of Chula Vista finds that the following circumstances are evident, which allows the application of the "P" Precise Plan Modifying District to the project site. 1. That such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The City Council finds that the proposed precise plan standards contained in attached Exhibit C will not have a negative impact on the surrounding neighborhood because the proposed standards allow the applicant to design a Project that is more compatible with the existing residential development in the area. The surrounding area includes single- family homes to the north, south, east and west. These homes were developed pursuant to the R-1-7 zone with predominantly 7,000 square foot lots. To provide a subdivision design that is more compatible with the R-1-7 zone, the Project will include a minimum rear yard setback requirement of 20 feet, which exceeds the R-1-5 requirement, and matches that of the R -1- 7 zone. Through the use of three different floor plans at varying setbacks, the front and rear yards of the Project will be staggered, which will vary the alignment of homes to add visual interest. The applicant is proposing single-story plans on 10 of the lots, which will complement the surrounding area, which also contains a mixture of single-story and two-story development. Such standards will allow construction of a single-family development that is more compatible with the surrounding R-1-7 zone type of development than the typical R-1-5 development. 2. That such plan satisfies the following principles for amendment of the "P" modifying district as set forth in CVMC 19.56.041: Ordinance Page 4 (a) The basic or underlying zone regulations do not allow the property owner or the City the appropriate control or flexibility needed to achieve an efficient and proper relationship among the uses allowed in the adjacent zone The City Council finds that application of the "P" modifying district is appropriate because the underlying R-1-5 zone regulation does not allow development standards needed to achieve a project design that is compatible with the adjacent residential area, and therefore a precise plan modifying district is needed to allow a more compatible design. Development of the site under the standard R-1-5 zoning would potentially result in massing issues created by rows of rear elevations of homes developed with a 15 ft. rear yard setbacks. The Precise Plan standards will allow the Project to be designed with development standards which will make a more appropriate transition between adjacent single family development on 7,000 square foot lots, and will also be designed to include walls, fencing and landscaped open space lots that will help buffer the units adjacent from the adjacent uses, in a manner that the development of the site will better coexist with adjacent uses. 3. That any exceptions granted which may deviate from the underlying zoning requirements shall be warranted only when necessary to meet the purpose and application of the "P" Precise Plan Modifying District. With the exception of the rear yard setback of20 feet and the front yard setback to the porch of 10 feet, the development standards are the same as the R-1-5 zone. Development of the lot using the development standards of the R-1-5 zone would limit the ability of the applicant to propose a design that meets the goal of achieving an efficient and proper relationship among the uses allowed in the adjacent zone. The Precise Plan will provide special development standards that will make the project more compatible with adjacent single-family housing, which was developed under the R-1-7 development standards. The City Council finds that these requested deviations under the Precise Plan are warranted in order to achieve the purpose of the Precise Plan Modifying District. 4. That the approval of this plan will conform to the General Plan and the adopted policies of the City OfChula Vista. The Project has been designed and evaluated in accordance with the goals and objectives of the General Plan. The Precise Plan, as described above, will allow the Project to be consistent with the goals and objectives of the General Plan, and the Chula Vista Municipal Code. F. The Precise Standards as depicted in Exhibits B are adopted and are supported by the required findings (CVMC Section 19.56.041, as outlined in Section II (E) above. III. EFFECTIVE DATE. This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Ordinance Page 5 Presented by James D. Sandoval Planning and Building Director Exhibits: Exhibit A: Rezone Map Exhibit B: Precise Plan Standards Approved as to form by Ann Moore City Attorney Ordinance Page 6 PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 8th day of January, 2008, by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: Cheryl Cox, Mayor ATTEST: Susan Bigelow, MMC, City Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) CITY OF CHULA VISTA) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. _ had its first reading at a regular meeting held on the 8th day of January, 2008 and its second reading and adoption at a regular meeting of said City Council held on the _ day of , 2008. Executed this _ day of ,2008. Susan Bigelow, MMC, City Clerk CHULA VISTA PLANNING AND LOC)CATOR ~~~~I~<;1T: Brookfield Shea Otay, LLC. ~~~~~~: 267 E. Oxford Street. SCAlE: FILE NUMBER: No Scale PCZ-07 -08 BUILDING DEPARTMENT PROJECT DESCRIPTION: ZONE CHANGE Request: 36 5FD development on a 3.9 acre lot. Zone change proposed from R1 to R2. Located at 267 E. Oxford 5t NORTH Related cases: 1~7-o31, PCS-07-o7 & GPA-07-04 J:\Planning\Public Notices\PCZ\PCZ0708.cdr 04.26.07 ORDINANCE # 12/12/07 Exh.8 OXFORD STREET PROJECT PCZ-07 -08 / PCM 08-02 PRECISE PLAN DEVELOPMENT STANDARDS Lot Size 5,000 sq. ft. minimum Lot Width 50 ft. minimum, except 35 ft. for cul-de-sac lots Building Coverage 40% maximum Floor Area Ratio (FAR) 50% Maximum (including garage) Front Yard Building Setback: (all setbacks measured ftom property line except where noted) . To Building (living area) 15 ft. . To Porch 10 ft. Width of porch shall not exceed 1/3 width of house . To Garage 22 ft. from closest edge of sidewalk to face of garage Rear Yard Building Setback: I 20 ft, with the following exception: Up to 1/3 of the width of the first story of any house may encroach 5 ft. into the required 20 ft. rear yard setback, as long as the second story meets the main 20 ft. setback. Interior Side Yard Building Setback 5 ft. Exterior Side Yard Building Setback 10ft. Building Height: 28 ft. / 2 stories (Measured to mean height level between eave and ridge -per CVMC 19.04.038) Fencing/Walls: Decorative stucco, rail (view) or wood privacy fencing and walls are pennitted. Maximum height is 6 feet from adjacent grade level. Garage Minimum 400 square foot, 2 car garage with (Continued on Pg.2) minimum dimension of 20 feet. ORDINANCE # OXFORD STREET PROJECT 12/12/07 PCZ-07 -08 / PCM 08-02 Notes: a. Minor modifications to Precise Plan map are permitted pursuant to approval of a Site Plan and Architectural Review by the Zoning Administrator, per CVMC 19.14.420. Amendments to the Precise Plan Map shall comply with the Precise Plan Development Standards. All other Precise Plan amendments shall comply with Precise Plan Modification requirements per CVMC 19.14.577. b. Uses and Development standards not addressed in this Precise Plan shall comply with the requirements of the Zoning Ordinance, CVMC Title 19. c. Accessory Uses and Structures shall comply with requirements ofCVMC 19.24.030, with the following exceptions: (1) The first 300 square feet of any attached or detached open structure, such as a patio cover or gazebo, which are open on 2 or more sides, are exempt from the Floor Area Ratio requirements. (2) The first 100 square feet of detached enclosed buildings such as a pool, storage, or garden building is exempt for the floor are ratio requirement. (3) A 5-foot rear and side yard setback is required for any accessory structure in the required rear or side yard area. '"C ., UQ " ..... o ...., w o / f v:.- ~ 6 ~ '" IV o o ..... 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'" :;! ~ "'!: ttJ :Q" fg ---------~---~- :\\ '" !~ -------- //,/" ~~ --------- --------------------- --------------------- ~r: I I I I I I I I I I I I I _1._______ 1 !~ ~ i~ t ~ 1 --...J ~ ~. ~ ~ ~ ~ Q t. ~. ::: Mitigated Negative Declaration AlIA{ ~6/lJT ~ PROJECT NAME: Oxford Street! Concordia Lutheran Church Residential PROJECT LOCATION: 267 East Oxford Street ASSESSOR'S PARCEL NO: APN #639-392-14-00 PROJECT APPLICANT: Brookfield Shea Otay, LLC 12865 Pointe Del Mar, Suite 200 San Diego, CA 92014 (858) 481-8500 CASE NO.: 1S-07-031 DATE OF DRAFT DOCUMENT: October 19, 2007 DATE OF RESOURCE CONSERVATION COMMISSION MEETING: November 19, 2007 PREP ARER: Richard Zumwalt, A.I.C.P., Associate Planner DATE OF FINAL DOCUMENT: November 20, 2007 Revisions made to this document subsequent to the issuance of the notice of availability of the draft Mitigated Negative Declaration are denoted by underline. A. Proiect Setting The 3.9 -acre project site is located at 267 East Oxford Street, within the urbanized area of Western Chula Vista, (Exhibit 1- Locator Map). The site is approximately 100 feet east of the intersection of Melrose Avenue and East Oxford Street. Primary access to the site is currently provided directly off of East Oxford Street. The entire project site has been partially disturbed with previous uses including a church, pre-schoo1/daycare, and parking lot on the south side of the lot and play fields on the north side of the lot. The land uses immediately surrounding the project site are as follows: North: South: East: West: Single-Family Residential Single-Family Residential Single-Family Residential Single-Family Residential B. Proiect Description The project proposes demolition of the existing Concordia Lutheran Church, daycare/community building, and accessory buildings, and redevelopment of the 3.9 ac. site with 24 single-family detached residential dwelling units, (Exhibit 2 - Site Plan). The site is designated Residential Low- Medium (3-6dwe1ling units per acre) on the City of Chu1a Vista General Plan and is zoned R-1-7 Single Family Residential. The project proposes a rezone from R-1-7 to R-1-5-P (Min. lot size of 5,000 sq. ft. with a Precise Plan Modifying District); a Precise Plan; and Tentative Subdivision Map proposing 24 residential lots ranging from 5,006 sq. ft. to 6,249 sq. ft. in size, with 2 garage parking spaces per home, a public street and HOA-maintained open space lots. 1 Proposed on-site improvements include drainage facilities, sewer system facilities, fire hydrants, retaining walls, fencing, improved paved areas, open space and landscape treatments. The project is identified as developable area within the City of Chula Vista Multiple Species Conservation Program Subarea Plan, however, it is not located within the City's designated conservation area. C. Compliance with Zoning and Plans The proposed project site is within the General Plan RLM (Low-Medium Residential Density/3-6 dwelling units per acre) and Rl (Single-Family Residential) Zone. The project proposes a rezone iTom R-l to R-I-5-P (Min. lot size of 5,000 sq. ft. with a Precise Plan Modifying District). The proposed project has been found to be consistent with the applicable site development regulations and the General Plan. D. Public Comments On September 12,2007, a Notice of Initial Study was circulated to property owners within a 500-foot radius of the proposed project site. The public review period ended September 24,2007. One e-mail response was received during this period regarding how project grading will affect the adjacent properties and how the design of the future homes would affect the neighbor's privacy. These issues will be addressed in the Planning staff report regarding the project. On October 19. 2007, the Notice of Availability of the Proposed Mitigated Negative Declaration for the project was posted in the County Clerk's Office and circulated to property owners within a 500- foot radius of the proiect site. The 30-day public comment period closed on November 19.2007. No written comments were received as a result of this notice. E. Identification of Environmental Effects An Initial Study conducted by the City of Chula Vista (including an attached Environmental Checklist form) determined that the proposed project may have potential significant environmental impacts however; mitigation measures have been incorporated into the project to reduce these impacts to a less than significant level. This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State of Cali fomi a Environmental Quality Act (CEQA) Guidelines. Air Quality Short- Term Demolition and Construction Activities The project proposes demolition of the existing Concordia Lutheran Church, daycare/community building and accessory buildings. The proposed project will result in a short-term air quality impact created iTom construction activities. The grading of the site for future single-family residential development and worker and equipment vehicle trips will create temporary emissions of dust, fumes, equipment exhaust, and other air pollutants associated with the construction and demolition activities. Air quality impacts resulting iTom construction-related operations are considered short-term in duration. In order to analyze potential project impacts/emissions, the emission factors and threshold criteria contained in the 1993 South Coast Air Quality Management District CEQA Handbook for Air Quality Analysis were used. A comparison of daily construction emissions to the SCAQMD's emission thresholds of significance for each pollutant was analyzed. Emissions were calculated using the URBEMIS 2002 model. The addition of emissions to an air basin is considered under CEQA to be a significant impact. Implementation of the Mitigation Measure 1 contained in Section F below would mitigate short-term construction and rough grading and emissions related air quality impacts to below a level of significance. These measures are included as a part of the Mitigation Monitoring and Reporting Program. 2 Combined Short-Term and Long-Term Impacts In order to assess whether the project's contribution to ambient air quality is cumulatively considerable, the project's emissions were quantified with respect to regional air quality. The proposed project, a small residential infill development, once completed will not result in significant long-tenn air quality impacts. The project is consistent with the Chula Vista General Plan Update. The minimal project generated traffic volume of 240 trips would not result in significant long-tenn local or regional air quality impacts. Through project design, emission-controlled construction vehicles and efficiency building products and vehicles as mitigated, no area source or long tenn operational vehicle emission estimates will exceed the Air Quality significance thresholds. Implementation of the Mitigation Measure I contained in Section F would mitigate construction and grading related air quality impacts to below a level of significance. These measures are included as a part of the Mitigation Monitoring and Reporting Program. Biological Resources A Biological Resource Analysis was prepared by Dudek, dated August 31, 2007, to assess the potential biological resource impacts of the project. A biological reconnaissance survey of the project site was conducted on March 30, 2007 to identify existing vegetation on the site. The biological resource analysis is summarized below. Habitat Loss Incidental Take (HLIT) Permit The project site is located within in the City of Chula Vista MSCP Subarea Plan boundary under the City's MSCP Subarea Plan. The site is located in an area designated as a Development Area, but is not located within a strategic preserve or conservation area. The project is subject to the requirements of the Habitat Loss illcident Take (HUT) Ordinance. ill accordance with the HUT Ordinance, those projects that are greater than one acre, contain sensitive biological resources, and are located outside the "Covered Projects," must demonstrate compliance with the Ordinance and obtain Take authority from the City of Chula Vista for impacts to Covered Species. The following is a summary of the findings contained within the biological resource report as required by the City's HUT Ordinance, Section 17.35. Existing Conditions/ Plant Species The 3.9-acre project site consists entirely of 1.8 acres of developed land on the south side of the site with the existing church and accessory buildings, parking lot, and ornamental plantings, and 2.1 acres of disturbed lands including the playfield and non-native grasses and vegetation on the north side of the site. Developed land includes two mature illdian Laurel Figs and one Brazilian Pepper Tree, six, I-ft. diameter eucalyptus trees, and turf-grass under-story. The non-native grasses and vegetation in the disturbed lands result from establishment of a Bennuda-grass playfield which is mowed but otherwise is no longer maintained and irrigated, resulting in a mixed growth of grasses and broad- leaved weeds. Native vegetation cover is less than one percent of the vegetative cover onsite, occurring on the perimeter of the site adjacent to fencing where the plants are not mowed. No endemic or special status plants exist on the property. Wildlife/Sensitive Species/Sensitive Habitats The biological report stated that wildlife species such as birds and butterflies occupied the site, although no mammal, amphibian or reptile species were detected during the survey. Ten bird species and two butterfly species were detected on site. Most bird species observed were common, disturbance-adapted species. Cooper's hawk (Accipiter cooperi), which is a covered species 3 under the City of Chula Vista's MSCP Subarea Plan and a State species of special concern, was observed during the site survey. Existing large Indian Laurel Fig and Brazilian Pepper trees occurring on-site may provide suitable habitat for raptors, and a nest was observed in the Brazilian Pepper tree on site. Due to the territorial /behavioral characteristics of the Coopers Hawk, it was assumed that nest was used by them. No special status/wildlife species were reported within one mile of the project site. No state or federally listed threatened or endangered wildlife species were observed in the study area and are not expected to occur, due to the low quality of habitat onsite. Potential impacts of the project on these resources and sensitive species, and mitigation measures are further discussed in Project Impact section below. Project Impact The existing lot supports 2 large ornamental Indian Laurel Fig trees and 1 large Brazilian Pepper tree. The proposed removal of these trees during development could impact potential habitat for the Cooper's Hawk and other migratory bird species if the vegetation clearance occurs between January 15 thru August 15 during breeding season. If vegetation clearance occurs between August 16 and January 14, development of the site would not result in significant impacts to biological resources. If removal of habitat or construction activities must occur during the breeding season, pre-construction surveys shall be conducted to detennine the presence or absence of nesting raptors. The proposed project may result in impacts to sensitive biological resources and nesting raptors, and therefore, mitigation measures are required. The project will be required to implement the mitigation measures specified in Section F, and therefore no impacts to Cooper's Hawk or other migratory birds are anticipated. The project will not be required to obtain a HUT Pennit pursuant to Section 17.35 of the Chula Vista Municipal Code. Further mitigation measures include implementation of construction BMPs, and clearing, grubbing or grading pennits. Implementation of the mitigation measures identified in Section F of this Mitigated Negative Declaration would reduce potentially significant biological impacts to a level below significance. Geology and Soils To assess the potential geological/soils impacts of the project, a Geotechnical Investigation evaluation was prepared by Geocon, Inc. dated Apri118, 2007. No groundwater was encountered on the site and no groundwater related problems, either during or after construction, are anticipated. No significant geological or soil impacts would be created as a result of the proposed project as conditioned. The potential for soil liquefaction is considered to be low. The project site is not located in an active Earthquake Fault Zone. The nearest active fault is the Rose Canyon fault approximately 6 miles away. The site was graded previously with the development of the existing church. Proposed fill grading will occur over the entirety of the 3.9-acre site. Grading is balanced, including 3,400 cubic yards per acre to be excavated and filled, with a maximum cut and fill slope ratio of2:1. In the event of a major earthquake, the area could be subject to moderate to severe ground shaking. However, the site is considered comparable to others in the general vicinity. The site is also underlain with artificial fill and San Diego Formation and is not suitable for support of s1ructures. The project will require issuance of a grading pennit to require excavation of undocumented fill, re-grading and re-compaction of the site, and review by the consultant of project grading and foundation plans prior to submittal to regulatory agencies for approval, to minimize the potential for damage to future s1ructures as a result of unstable soils, ground-shaking, or subsidence. 4 According to the City's Engineering Division, the project will require a grading pennit. The preparation and submittal of a final soils report will be required prior to the issuance of the grading pennit as a standard engineering requirement. In order to prevent silt discharge during construction, the developer will be required to comply with best management practices in accordance with RWQCB NPDES Municipal Permit, Order No. R9-2007-0001. The appropriate erosion control measures would be identified in conjunction with preparation of final grading plans and would be monitored and implemented during construction by the Public Works Department. Therefore, the potential for the discharge of silt into City stonn drainage systems would be less than significant. Implementation of the mitigation measures contained in Section F below would mitigate potential geological/soils impacts to a less than significance level. These measures are included as a part of the Mitigation Monitoring and Reporting Program. Hazards and Hazardous Materials In order to assess potential hazardslhazardous material impacts, dated Apri12007, Dudek prepared the "Phase 1 Environmental Site Assessment - Concordia Lutheran Church and School" Report for the project. The project proposal includes the demolition of the existing church, accessory buildings and parking lot. The report found that the potential exists for impacts to result from the demolition of structures that may contain lead and asbestos. Therefore, prior to any demolition activities, a licensed and registered asbestos and lead abatement contractor will perfonn asbestos and lead-based paint abatement in accordance to all applicable local, state and federallaws and regulations, including San Diego County Air Pollution Control District Rule 361.145 - Standard for Demolition and Renovation. No evidence of additional hazards or hazardous materials or undocumented fill was observed on the site. Implementation of the mitigation measures contained in Section F below would mitigate potential hazardslhazardous materials impacts to a less than significant level. These measures are included as a part of the Mitigation Monitoring and Reporting Program. Hydrology and Water Qualitv In order to assess potential hydrology and water quality impacts, a "Tentative Map Drainage Study for Oxford Street", dated October 3, 2007, and amended October 17, 2007 and the "Tentative Map Water Quality Technical Report for Oxford Street" dated October 3,2007, prepared by Hunsaker & Associates, were submitted for the project and is summarized below: Existing Conditions The existing site is bordered on the north, west and east by existing single-family development. Drainage from the existing development, including the buildings and playfield, flows southerly toward East Oxford Street south of the site. The flows are then conveyed via existing curb, gutter and sidewalk in a westerly direction towards the intersection of Melrose and East Oxford Street. Proposed The project proposes construction of a stonn drain system, including a curb and gutter system, a cross-gutter, SwaleGard curb inlet filters, and a grass-lined swale. Low flows fonn the site would be intercepted and diverted by proposed cross-gutters to curb-inlet filters which will screen out larger materials and discharge water directly into a proposed grass-lined swale located at the southwestern corner of the project site. The grass-lined swale will convey flow in a westerly direction, and will be graded at approximately 0.2% slope to pennit water to percolate prior discharge to the public curb/gutter system on East Oxford Street at the southwestern comer of the site. Peak flows from the east side of the site will be conveyed along the proposed public street and bypass the cross gutter, flowing directly to East Oxford Street. A portion of the peak flows from the west side of the site will enter the curb inlets filters and be diverted to the grass-lined swale before 5 discharge to the public curb/gutter system on East Oxford Street at the southwestern comer of the site while the remaining will bypass the inlets and flow out to East Oxford Street. According to the Engineering Department, the proposed improvements appear adequate to handle the project stonn water runoff generated horn the site. The existing flows to East Oxford Street were analyzed under the 2, 10, 50 and 100-year flood event. Additional Best Management Practices (BMPs) included as part of the project design consist of a stonn drain inlet protection system (curb inlet filters), grass-lined swale, and permeable pavement in the driveways. No adverse impacts to the City's drainage threshold standards will occur as a result of the proposed project. As a standard condition, a final drainage study will be required in conjunction with the preparation of the project grading plans. Properly designed drainage facilities will be installed at the time of the site development to the satisfaction of the City Engineer. In addition, compliance with required NPDES regulations and construction BMPs such as de-silt basins and silt fences will reduce water quality impacts to a less than significant level. Implementation of the mitigation measures contained in Section F below would mitigate potential hydrology and water quality impacts to a level of less than significance. These measures are included as a part of the Mitigation Monitoring and Reporting Program. Noise In order to assess potential noise impacts of the proposed project, a noise study was prepared by Dudek, entitled "Concordia Lutheran Church - Residential Project, City of Chula Vista Exterior Noise Study", dated April 17, 2007,.and addendum dated August 31,2007 for the project. The study anticipated that on-site workers and adjacent residential population may be exposed to construction noise associated with short-tenn construction activities. However, the project will be required to comply with the City's Noise Ordinance. In addition, due to the minimal construction activities associated with the project, impacts to surrounding residential properties related to construction noise levels are not expected to be significant. The proposed residential project is not located within the Health Risk Assessment Area (HRAA), within 500 feet of any adjacent heeway or highway. The project is not anticipated to potentially violate the noise limits of the City's noise control ordinance. Residences on lots I and 24 will be directly exposed to auto traffic on East Oxford Street, and are likely to be affected by exterior CNEL noise levels of approx. of 61 decibels. Typical residential construction may lower the interior noise level approx. 20 dB with windows closed. Installation of mechanical ventilation and/or air conditioning in the homes on lots I and 24 in accordance with the Ca. Building Code is necessary to ensure that windows can be closed to achieve compliance with the 45 dB interior standard. In addition, submittal of a subsequent noise study after installation of the rooftop and HV AC equipment for review. Implementation of the mitigation measures contained in Section F below would mitigate potential noise impacts to a level of less than significance. These measures are included as a part of the Mitigation Monitoring and Reporting Program. F. Mitigation Necessary to Avoid Significant Impacts Air Qualitv 1. The following air quality mitigation requirements shall be shown on all applicable grading, and building plans as details, notes, or as otherwise appropriate, and shall not be deviated horn unless approved in advance in writing by the City's Environmental Review Coordinator: · Minimize simultaneous operation of multiple construction equipment units. · Use low pollutant-emitting construction equipment. · Use electrical construction equipment as practical. · Use catalytic reduction for gasoline-powered equipment. · Use injection-timing retard for diesel-powered equipment. 6 . Water the construction area twice daily to minimize fugitive dust. · Stabilize graded areas as quickly as possible to minimize fugitive dust. . Pave permanent roads as quickly as possible to minimize dust. · Use electricity rrom power poles instead of temporary generators during building, if available. . Apply stabilizer or pave the last 100 feet of internal travel path within a construction site prior to public road entry. · Install wheel washers adjacent to a paved apron prior to vehicle entry on public roads. . Remove any visible track-out into traveled public streets within 30 minutes of occurrence. · Wet wash the construction access point at the end of each workday if any vehicle travel on unpaved surfaces has occurred. · Provide sufficient perimeter erosion control to prevent washout of silty material onto public roads. · Cover haul trucks or maintain at least 12 inches of rreeboard to reduce blow-off during hauling. · Suspend all soil disturbance and travel on unpaved surfaces if winds exceed 25 miles per hour. · During rough grading, use of cooled exhaust gas re-circulation in conjunction with the following: a) Reduction of the number of pieces of equipment that operate simultaneously b) Reduction of the number of hours that equipment operations daily. The reduction in emissions would be directly proportional to the reduction in aggregate operating hours and/or c) Use equipment with lower horsepower ratings (emissions reduction would be directly proportional to the reduction in aggregate horsepower) · Requirement of one or a combination of the following measures for reduction of emissions: a) Reduction of the number of pieces of equipment that operate simultaneously b) Reduction of the number of hours that equipment operations daily. The reduction in emissions would be directly proportional to the reduction in aggregate operating hours and/or c) Use equipment with lower horsepower ratings (emissions reduction would be directly proportional to the reduction in aggregate horsepower) Biological Resources Migratory Birds / Cooper's Hawk 2. To ensure no direct and indirect impacts to raptors and/or any migratory birds occur during construction (including clearing and grubbing), construction activities adjacent to nesting habit should occur outside of the combined breeding season of January 15 to August 15 for these species. If removal of habitat and/or construction activities adjacent to nest habitat must occur during the breeding season, a pre-construction survey must be performed by a City-approved biologist to determine the presence or absence of nesting birds on and within 300 feet of the construction area and nesting raptors within 500 feet of the construction area. The pre- construction survey must be concluded within 10 calendar days prior to the start of construction, the results of which must be submitted to the City for review and approval prior to initiating any construction activities. If nesting birds and/or raptors are detected by the City-approved biologist, a bio-monitor must be present on-site during construction to minimize construction impacts and ensure that no nests are removed or disturbed until all young have fledged. 7 Indirect Impacts 3. Prior to issuance of any land development permits, including clearing and grubbing or grading permits, the project shall implement Best Management Practices (BMPs) identified in the Stonn Water Pollution Prevention Plan. BMPs shall be noted on grading and improvement plans and implemented during clearing and site development to the satisfaction of the City Engineer and Environmental Review Coordinator in order to avoid short-tenn indirect impacts to any biological resources in the project vicinity. Geology and Soils 4. Prior to the issuance of construction permits, the applicant shall provide evidence to the City Engineer and City Building Official that all the recommendations in the GeoTechnical Investigation prepared by Geocon, dated April 18, 2007, have been satisfied. Hazards/Hazardous Materials 5. Prior to any demolition activities, a licensed and registered asbestos and lead abatement contractor shall perfonn asbestos and lead-based paint abatement in accordance to all applicable local, state and federal laws and regulations, including San Diego County Air Pollution Control District Rule 361.145 - Standard for Demolition and Renovation. Hydrology and Water Quality 6. Prior to the issuance of a grading permit, a final drainage study shall be required in conjunction with the preparation of the fmal grading plans and must demonstrate that the post-development peak flow rate does not exceed the pre-development flows as indicated in the "Tentative Map Drainage Study for Oxford Street, prepared by Hunsaker & Associates, dated October 3, 2007", and amended October 17,2007, to the satisfaction of the City Engineer. Additionally, the City Engineer shall verify that the final grading plans comply with the provisions of RWQCB NPDES Municipal Permit, Order No. R9-2007-0001 with respect to construction-related water quality best management practices. If one or more of the approved post construction BMPs is non-structural, then a post-construction BMP plan shall be prepared to the satisfaction of the City Engineer prior to the commencement of construction~ Compliance with said plan shall become a permanent requirement of the Mitigation Monitoring and Reporting Program. 7. Prior to the issuance of a grading permit, temporary de silting and erosion control devices shall be installed. Protective devices shall be provided at every stonn drain inlet to prevent sediment from entering the stonn 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 Interior - Vehicle Noise Mitigation 8. The windows of homes facing East Oxford Street (Lots I, 24) would need to remain closed to achieve a 45 CNEL interior noise level. The design of these homes must include a means of mechanical ventilation and/or air-conditioning. The mechanical ventilation should be in accordance with the latest addition of the California and Unifonn Building Code and to the satisfaction of the City Building Official and Environmental Review Coordinator. 9. Prior to approval of building permits, the applicant shall submit a subsequent noise study for the homes on Lots 1 and 24 to the satisfaction of the Environmental Review Coordinator demonstrating that the final roof-mounted HV AC and/or Air Conditioning equipment complies with the City's noise control ordinance at the property boundaries of 45 dBA Leq during nighttime hours and 55 dBA Leq during daytime hours or ambient noise levels, whichever is greater. Construction Noise and Vibration Mitigation 10. To minimize the potential noise and vibration impacts during construction upon adjacent residences, the following shall be required: 8 3. Prior to issuance of any land development permits, including clearing and grubbing or grading permits, the project shall implement Best Management Practices (BMPs) identified in the Storm Water Pollution Prevention Plan. BMPs shall be noted on grading and improvement plans and implemented during clearing and site development to the satisfaction of the City Engineer and Environmental Review Coordinator in order to avoid short-term indirect impacts to any biological resources in the project vicinity. Geologv and Soils 4. Prior to the issuance of construction permits, the applicant shall provide evidence to the City Engineer and City Building Official that all the recommendations in the GeoTechnical Investigation prepared by Geocon, dated April 18, 2007, have been satisfied. Hazards/Hazardous Materials 5. Prior to any demolition activities, a licensed and registered asbestos and lead abatement contractor shall perform asbestos and lead-based paint abatement in accordance to all applicable local, state and federal laws and regulations, including San Diego County Air Pollution Control District Rule 361.145 - Standard for Demolition and Renovation. Hydrology and Water Qualitv 6. Prior to the issuance of a grading permit, a final drainage study shall be required in conjunction with the preparation of the fmal grading plans and must demonstrate that the post-development peak flow rate does not exceed the pre-development flows as indicated in the "Tentative Map Drainage Study for Oxford Street, prepared by Hunsaker & Associates, dated October 3,2007", and amended October 17,2007, to the satisfaction of the City Engineer. Additionally, the City Engineer shall verify that the final grading plans comply with the provisions of RWQCB NPDES Municipal Permit, Order No. R9-2007-0001 with respect to construction-related water quality best management practices. If one or more of the approved post construction BMPs is non-structural, then a post-construction BMP plan shall be. prepared to the satisfaction of the City Engineer prior to the commencement of construction. Compliance with said plan shall become a permanent requirement of the Mitigation Monitoring and Reporting Program. 7. Prior to the issuance of a grading pennit, 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 Interior - Vehicle Noise Mitigation 8. The windows of homes facing East Oxford Street (Lots 1, 24) would need to remain closed to achieve a 45 CNEL interior noise level. The design of these homes must include a means of mechanical ventilation and/or air-conditioning. The mechanical ventilation should be in accordance with the latest addition of the California and Uniform Building Code and to the satisfaction of the City Building Official and Environmental Review Coordinator. 9. Prior to approval of building permits, the applicant shall submit a subsequent noise study for the homes on Lots 1 and 24 to the satisfaction of the Environmental Review Coordinator demonstrating that the final roof-mounted HV AC and/or Air Conditioning equipment complies with the City's noise control ordinance at the property boundaries of 45 dBA Leq during nighttime hours and 55 dBA Leq during daytime hours or ambient noise levels, whichever is greater. Construction Noise and Vibration Mitigation 10. To minimize the potential noise and vibration impacts during construction upon adjacent residences, the following shall be required: 8 A. All construction equipment shall be equipped with improved noise muffling, and have the manufacturers' recommended noise abatement measures, such as mufflers, engine covers, and engine vibration isolators in good working condition. B. If possible, hydraulic equipment instead of pneumatic impact tools and electric powered equipment instead of diesel-powered equipment shall be used for all exterior construction work. C. All equipment shall be turned off if not in use. D. Pursuant to Section 17.24.050(J) of the Chula Vista Municipal Code, project-related grading, demolition or construction activities shall be prohibited between the hours of 10:0 p.m. and 7:00 a.m. Monday through Friday and between 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. G. Agreement to Implement Mitigation Measures By signing the line(s) provided below, the Applicant and Operator stipulate that they have each read, understood and have their respective company's authority to and do agree to the mitigation measures contained 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 Operator shall apply for an Environmental Impact Report. ~. V\CI:-- p~~ ~ I ~ e,p..o~ ~ ()'tnl u..~ M>f\fV\ O. fbV IV-' - Pif: 6IJ)fh::k~ otIC{ t,.J....& Printed Name and Title of Applicant r orized rep tative) (0 !~ If.( ';2.OD 7- Date Iv Iler. ( :wo'9- Date Signature of Applicant (or authorized representative) N/A Printed Name and Title of Operator (if different from Applicant) Date N/A Signature of Operator (if different from Applicant) Date H. Consultation 1. Individuals and Organizations City of Chula Vista: Steve Power, Planning and Building Department Luis Hernandez, Planning and Building Department Maria Muett, Planning and Building Department Ben Guerrero, Planning and Building Department Josie Gabriel, Planning and Building Department 9 Glen Laube, Planning and Building Department Lynnette Tessitore- Lopez, Planning and Building Department Tom Adler, Engineering Department Mario Ingrasci, Engineering Department Silvester Evetovich, Engineering Department Jim Newton, Engineering Department Hasib Baha, Engineering Department Richard Hopkins, Public Works Operations Steven Gonzales, Public Works Operations David McRoberts, Public Works Operations Khosro Aminpour, Public Works Operations Muna Cuthbert, Public Works Operations Kelly Briers, Fire Department Others: Rafael Munoz, Chula Vista Elementary School District Hector Martinez, Sweetwater Authority Laurie Edwards, Sweetwater Authority Sweetwater Union High School District David Gottfredson, RECON 2. Documents City ofChula Vista General Plan, 2005 (as amended). Title 19, Chula Vista Municipal Code. City ofChula Vista MSCP Subarea Plan, February 2003. Biological Resource Analysis prepared by Dudek, dated August 31, 2007 and addendum. Geotechnical Investigation for Oxford Street, Chula Vista, Ca. dated April 18, 2007, and addendum dated October 8, 2007, by Geocon, Inc. Phase 1 Environmental Site Assessment - Concordia Lutheran Church and School, 267 East Oxford Street, Chula Vista, Ca. prepared by Dudek, Apri12007, and addendum dated August 31, 2007. Tentative Map Drainage Study for Oxford Street, dated October 3, 2007 and amended October 17, 2007 prepared by Hunsaker & Associates Tentative Map Water Quality Technical Report for Oxford Street, dated October 2, 2007 and amended October 2007 prepared by Hunsaker & Associates. Air Quality URBEMIS Model, dated October 2007 Concordia Lutheran Church - Residential Project, City of Chula Vista Exterior Noise Study", prepared by Dudek, dated April 17, 2007, and addendum dated August 31, 2007. 10 Archaeological Survey Report for Concordia Lutheran Church Project, 267 East Oxford Street, Chula Vista, Ca., prepared by Brian F. Smith & Associates, dated April 3, 2007, and addendum September 2007. Overview of Sewer Service for the Oxford Street Proiect, dated September 26,2007 and amended October 2007, prepared by Dexter Wilson Engineering. 3. Initial Study This environmental determination is based on the attached Initial Study, and any comments received in response to the Notice of Initial Study. The report reflects the independent judgment of the City of Chula Vista. Further information regarding the environmental review of this project is available from the Chula Vista Planning and Building Department, 276 Fourth Avenue, Chula V' ta, CA 91910. Date: /I / 'Z/ ! 09- / J :\Planning\RichardZ\Environmental\ IS-07 -031.finaIMND 11 CHULA VISTA PLANNING AND LOCATOR PROJECT C) APPLICANT: Brookfield Shea Otay, LLC. ~~J~: 267 E. Oxford Street. SCALE: FILE NUMBER: No Scale 18-07-031 BUILDING DEPARTMENT PROJECT DESCRIPTION: INITIAL STUDY Request: 24 SFD development on a 3.9 acre lot. NORTH Related cases: PCS-07-07, PCZ-07-08 & GPA-07-04 J:\Planning\Public NoticesllSIIS07031.cdr 04.26.07 ~KHlarr I ,.... o r:.. o (J) o a. . :;1 fll1Hl. 1'$M-~9 WoiV fJ..8C '0101 cVW ----'~aN-~~~~q3~VG~onr--------- ,.. Q...- !?... ~ I ~ '% ~ ~....~ a. "~I: ... I S ~ t1..! ~ ~~ ~ _ ~-:~ ~: :t; ~ ~Z a ~ l== ~~!~~ ~ Ii, ~ ;,," ~... ~ ~!! t~~!t" ~ I 3 a :i!;rirl~;-l~r-- -'r'ff------:-- ~~ ~.~. E~ ~1I!~ii~. ~ S ~~ 1 .1 l I' I" -------------------- ~ ." .,----.. '" ... '. ~. \. ., .~ '\ \ " ~ \, ,; f:4 ",;::): .~ r kfl ;Q.... I. '" j' a:: , >41 ~ ~ ~I j , . . '->", '" , "- ,. ',,- " " ",,' " '. ~ :'-,\ ~. " " \. \ \ \ "'; \ '"?-z , , \ , \ " ~,i "'~ ,i' t t t I I "'. ~~ ~.' .. iV~1l) '-- Ot 11. a: ~ ~ 0 ii ;:: ~ ~. LLj " f-"X ~, ~. f- .0' ~ . !3 ~ \::: '9 ~ --: it . ::II" f ';:.t =. .1 ~ "~. Hil iii ;z:~~"... g- III fill ------- ----- ------ -------- ------..... ---.----- ------- -------- ATTACHMENT "A" MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) OXFORD STREET/CONCORDIA LUTHERAN CHURCH RESIDENTIAL -IS-07-031 This Mitigation Monitoring and Reporting Program has been prepared by the City of Chula Vista in conjunction with the proposed Oxford Street/Concordia Lutheran Church Residential 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-06-007) The legislation requires public agencies to ensure that adequate mitigation measures are implemented and monitored for Mitigated Negative Declarations. AB 3180 requires monitoring of potentially significant and/or significant environmental impacts. The Mitigation Monitoring and Reporting Program for this project ensures adequate implementation of mitigation for the following potential impacts(s): 1. Air Quality 2. Biological Resources 3. Geology and Soils 4. Hazards/Hazardous Materials 5. Hydrology and Water Quality 6. Noise MONITORING PROGRAM Due to the nature ofthe 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-07-031 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-07-031, which will be implemented as part ofthe project. In order to determine if the applicant has implemented the measure, the method and timing of verification are identified, along with the City department or agency responsible for monitoring/verifying that the applicant has completed each mitigation measure. Space for the signature of the verifying person and the date of inspection is provided in the last column. 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':; 0' Q) <i: cj ci V'> C1) W iJ.. <.> o "'=! :;g ~ ::E ::E - M o ,..:. o JJ :::' P- oi ::E 1: <8 >< ~ '0 '" u:; ~ ] < C2 < ~ c: .c: c: '" ~ -, " 1. Name of Proponent: ~(~ -.- -~ CnY OF ENVIRONMENTAL CHECKLIST FORM CHUIA VISTA Concordia Lutheran Church c/o Brookfield Shea Otay, LLC 2. Lead Agency Name and Address: City of Chula Vista Planning and Building Department 276 Fourth Avenue Chula Vista, CA 91910 3. Address and Phone Number of Proponent: Concordia Lutheran Church c/o Brookfield Shea Otay, LLC 12865 Pointe Del Mar, Suite 200 San Diego, CA 92014 (858) 481-8500 4. Name of Proposal: Oxford Street/ Concordia Lutheran Church Residential 5. Date of Checklist: October 17, 2007 6. Case No.: IS-07 -031 ENVIRONMENTAL ANALYSIS QUESTIONS: Less Than Potentially Significant Less Than No Issues: Significant With Significant Impact Impact Mitigation Impact Incorporated 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, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or 0 0 0 . quality of the site and its surroundings? d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views o o o . 1 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact in the area? Comments: a-b)The proposal includes the development of twenty-four single family residential units with site improvements in accordance with the City of Chula Vista Municipal. The proposed landscape improvements would enhance and improve the aesthetic quality of Oxford Street, the proposed on-site public street and surrounding neighborhood. The proposed project would not damage any scenic resources, vegetation, or historic buildings within a state scenic highway. The site is located on the side of a ridgeline developed with single-family homes, which slopes uphill to the east. Development of the project site with homes could affect views from these adjacent properties. However, the development layout is designed to include side-yard setbacks, which allow views between proposed homes and above the roofline of single-story homes. The approval of the project will not substantially degrade existing views across the property, therefore, no significant aesthetic impacts are anticipated. c) The proposal is an infill residential development project. The proposed project will not substantially degrade the existing visual character or quality of the project site or its adjacent residential surroundings. The project site is planned for single - family residential development according to the General Plan Land Use regulations. d) The project proposes one public streetlight on the cul-de-sac, and private lighting for each residence, which should not affect adjacent residences. An existing streetlight will serve the project entry at the intersection of East Oxford Street and the proposed street. The proposal will be required to comply with the City's minimum standards for roadway lighting. The project will be required to comply with the light and glare regulations (Section 19.66.100) of the Chula Vista Municipal Code (CVMC). Compliance with these regulations will ensure that no significant glare, or light would affect daytime or nighttime views in the surrounding residential neighborhood area. Mith!ation: No mitigation measures are required. II. AGRICULTURAL RESOURCES. Would the proj ect: 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 o o o . 2 Issues: a Williamson Act contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion ofFarrn1and, to non-agricultural use? Comments: Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporated 0 0 0 . a-c)The project site is developed with a church, pre-schoolldaycare, and parking lot on the south side of the lot and play fields on the north side of the lot. The surrounding properties have been developed with single-family homes. These properties are consistent with the Chula Vista General Plan and zoning designation, and contain no agricultural resources or designated fannland. The proposal would not convert Prime Fannland, Unique Farmland or Farmland of Statewide Importance to non-agricultural use and no impacts to agricultural resources would be created as a result of the proposed project. Mitie: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 in 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? e) Create objectionable odors affecting a substantial 3 o o . o o o . o o o . o o o o . o o o . Issues: number of people? Comments: (a-e) See Mitigated Negative Declaration, Section E. Mitieation: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant air quality impacts to a level of less than significance. IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? 4 o o o . . o o o o o o . Less Than Potentially Significant Less Than No Issues: Significant With Significant Impact Impact Mitigation Impact Incorporated d) Interfere substantially with the movement of any 0 . 0 0 native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances 0 0 0 . protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat 0 . 0 0 Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Comments: a-f) See Mitigated Negative Declaration, Section E. Mitieation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant biological resource impacts to a level of less than significance. v. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in State CEQA Guidelines 9 15064.5? o o o . b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to State CEQA Guidelines 9 15064.5? o o o . c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic o o o . 5 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact feature? d) Disturb any human remains, including those interred outside of formal cemeteries? o o o . Comments: a) In order to assess potential historic resources located on the project site or surrounding areas, an archaeologica1/historical evaluation entitled "Archaeological Survey for the Concordia Lutheran Church Projecf' was prepared by Brian F. Smith & Associates, dated September 19, 2007. The following details summarize the results of the study. The existing structures were constructed between 1962-1965 and were not associated with any important events or individuals in terms of local, state or national history. The existing structures and the site do not qualifY as a historic resource under national, state or local register criteria. The proposed project will not constitute a substantial, adverse change to the significance of an historical resource as the structure has been determined by the analysis not to be historically or architecturally significant within the project impact area. Therefore, no substantial adverse change in the significance of a historical resource as defined in Section 15064.5 is anticipated and no mitigation measures are required. b) The site has been disturbed by development of the church on the south 1/3 of the property and previous playfie1d use of the northerly 2/3 of the property. Based on the level of previous site disturbance, the potential for significant impacts or adverse changes to archaeological resource as defined in Section 15064.5 is not anticipated. c) Based on the level of previous disturbance to the site and the relatively limited amount of additional grading for the proposed project, no impacts to unique paleontological resources or unique geologic features are anticipated. d) No human remains are anticipated to be present within the impact area of the project site as the project site has been previously disturbed with the existing church and auxilIary structures. Mitigation: No mitigation measures are required. VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo o o o . 6 Less Than Potentially Significant Less Than No Issues: Significant With Significant Impact Impact Mitigation Impact Incorporated 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? 0 . 0 0 111. Seismic-related liquefaction? including o o o . ground failure, IV. Landslides? o o . b) Result in substantial soil erosion or the loss of topsoil? o 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? . 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) See Mitigated Negative Declaration, Section E. Mitigation: o o o . The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant geological impacts to a level ofless than significance. 7 Issues: VII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an aiIport land use plan or, where such a plan has not been adopted, within two miles of a public aiIport or public use aiIport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, 8 Potentially Significant Impact o o o o o o o o Less Than Significant With Mitigation Incorporated o . o o o o o o Less Than Significant Impact . o o o o o o o No Impact o o . . . . . . Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Comments: (a-b) See Mitigated Negative Declaration, Section E. c) See Mitigated Negative Declaration, Section E. The proposed project site is located within one-quarter mile of Palomar Elementary school located on East Palomar Street. The proposed project will not emit acutely hazardous emissions or materials, therefore, will not create a significant impact to the schools within the StUTounding area. d) The proposed project is not located on a site included on the County of San Diego Department of Environmental Health Services Hazardous List pursuant to the Government Code Section 65962.5, therefore, will not create a significant impact to the public or the environment. e) The project is not located within an airport land use plan nor within two miles of a public airport or public use airport; therefore, the project would not expose people residing or working in the project area to adverse safety hazards. f) The project is not located within the vicinity of a private airstrip; therefore, the project development would not expose people working in the project area to adverse safety hazards. g) The project is designed to meet the City's emergency response plan, route access and emergency evacuation requirements. The proposed fire improvements include an emergency turning radius and fire hydrant. No impairment or physical interference with the City's emergency response plan is anticipated. h) The project is designed to meet the City's Fire Prevention building and fire service requirements. No exposure of people or structures to a significant risk of loss, injury or death due to wildfires is anticipated. Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant Hazards/Hazardous Materials impacts to a level of less than significance. vm. HYDROLOGY AND WATER QUALITY. Would the project: a) Result in an increase in pollutant discharges to receiving waters (including impaired water bodies D . D D 9 Issues: 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? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Result in a potentially significant adverse impact on groundwater quality? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattem ofthe 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 lOa-year flood hazard area which would impede or redirect flood flows? e) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? f) Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? 10 Potentially Significant Impact o o o o o Less Than Significant With Mitigation Incorporated o o o o . Less Than Significant Impact . o . o o No Impact o . o . D Issues: Comments: (a-f) See Mitigated Negative Declaration, Section E. Miti2ation: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant Hydrology/Water Quality impacts to a level ofless than significance. IX. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? 11 o o o o o . o o o . . o Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a) The project site is surrounded with single-family residentialland uses. The proposed residential infill project would be consistent with the Chula Vista General Plan and character of the immediate surrounding residential area. The project would not disrupt or divide an established community; therefore, no significant land use impact would occur as a result of the project. b) The project site is located within the Rl (Single-Family Residential) Zones and RLM (Low-Medium Density) General Plan land use designation. The project is required to rezone the existing parcel to R- 1-5-P and be in compliance with the respective zoning. The project has been found to be consistent with the General Plan guidelines and regulations, therefore; no significant land use impacts are anticipated. c) Refer to Mitigated Negative Declaration, Section E. Potential short-term construction noise/raptor nesting impacts are addressed in the Mitigated Negative Declaration, Section, under Biological Resources. Miti!!ation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant Land U se/Planning impacts to a level of less than significance. x. MINERAL RESOURCES. Would the project a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? o o D . b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? o o o . 12 Issues: Comments: Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact a) The project site has been previously disturbed with the existing church. The proposed project would not result in the loss of availability of a known mineral resource of value to the region or the residents of the State of California. b) The State of California Department of Conservation has not designated the project site for mineral resource protection. Therefore, no impacts to mineral resources are anticipated as a result of the proposed proj ect. Mitieation: No mitigation measures are required. XI. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundbome noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 13 o o . o o o . o o o o . o o o . o o o . 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-f) The project is not located within an airport land use plan or within two miles of a public airport, nor is it located within the vicinity of a private airstrip. Therefore, the project development would not expose people residing or working in the project area to excessive noise levels. Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant Noise impacts to a level ofless than significance. XII. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of road or other infrastructure)? o o o . b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? o o o . c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? o o o . 14 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a-c) The project is surrounded by existing residential development and involves the removal of the existing church and daycare buildings and related improvements. The proposed project does not involve the extension of public facilities that would induce substantial growth. Future residential development of the site for the proposed 24 single-family residential units is consistent with the General Plan and would not exceed the regional or local population projections. The proposed project would involve the rezoning of the site from R-I-7 to R-1-5-P Zone, which is consistent with the RLM General Plan designation of the site, which would be similar to the existing adjacent single- family residential properties to the north, south and east. The proposed project would not involve displacement of existing housing or individuals. Miti2ation: No mitigation measures are required. XIII. PUBLIC SERVICES. Would the project: Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any public services: a. Fire protection? 0 0 . 0 b. Police protection? 0 0 0 . c. Schools? 0 0 0 . d. Parks? 0 0 . 0 e. Other public facilities? 0 0 0 . 15 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a) According to the Fire Department, adequate fITe protection services can continue to be provided to the site. The applicant will be required to comply with the Fire Department policies for fire hydrant placement, fITe flow, fITe truck access and new building construction. The City's Fire performance objectives and thresholds will continue to be met. b) According to the Chula Vista Police Department, adequate police protection services can continue to be provided upon completion of the proposed project. The proposed project would not have a significant effect upon or result in a need for substantial new or altered police protection services. The City's Police perfonnance objectives and thresholds will continue to be met. c) The proposed project would not induce substantial population growth; therefore, no significant adverse impacts to public schools would result. According to the Chula Vista Elementary School District letter dated May 22, 2007, the applicant would be required to pay the statutory building permit school fees for the proposed residential construction or an alternative financing mechanism such as participation in or annexation to a CFD is recommended. d) The proposed project would not induce significant population growth, as it is a small residential infill project. However, the applicant shall be required to pay Park Acquisition and Development Fees (pAD) in accordance with Ordinance No. 2945 adopted by City Council on January 6, 2004. e) The proposed project would not have a significant effect upon or result in a need for new or expanded governmental services and would continue to be served by existing public inftastructure. Mitigation: No mitigation measures are required. XIV. RECREATION. Would the project: a) mcrease 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 . 16 Issues: Comments: Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact a) The proposed project would not induce significant population growth, as it is a small residential infill project and would not impact existing or proposed recreational facilities. However, the applicant will be required to pay Park Acquisition and Development Fees (pAD) in accordance with Ordinance No. 2945 adopted by City COlU1cil on January 6, 2004. b) The project does not include the construction or expansion of recreational facilities. The project site is not planned for any future parks and recreation facilities or programs. Therefore, the proposed project would not have an adverse physical effect on the recreational environment. Mitieation: No mitigation measures are required. xv. TRANSPORTATION / TRAFFIC. Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic pattems, 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? 17 o o o . o o o . o o o . o o o . o o o . Issues: Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporated 0 0 0 . 0 0 0 . f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting altemative transportation (e.g., bus turnouts, bicycle racks)? Comments: (a,b,d,e) According to the Traffic Engineering Division, in their memorandum dated September 25,2007, the proposed residential infill project is not anticipated to result in any significant traffic, circulation or emergency access impacts. The existing church and daycare generates approximately 304 Average Daily Trips (ADTs), as compared to the proposed project, which will generate approximately 240 ADTs. The traffic generated by the project will amount to a reduction of 64 ADT's. In addition, the project- generated trips will not exceed the level of service standard established by the county congestion management agency for designated roads or highways. Therefore, due to the minimal traffic increase and reduction of previous vehicular volume, the project will not create significant traffic operations impacts along East Oxford Street and surrounding residential or collector streets. c) The proposal would not have any significant effect upon any air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks. f) The proposal includes garage spaces in accordance with the Chula Vista Zoning Code, and parking on the proposed public street. The proposal meets ADA requirements for accessibility and parking. g) There is an existing bus stop located 1 block westerly of the site at the intersection of Melrose and East Oxford Street. h) The proposal would not conflict with adopted transportation plans or alternative transportation programs. Mitieation: No mitigation measures are required. XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? o o o . 18 Issues: 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? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? 19 Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Incorporated 0 0 0 . 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 Comments: a) The project site is located within an urban area that is served by all necessary utilities and service systems. According to the Engineering Department, wastewater requirements of the Regional Water Quality Control Board not be exceeded as a result of the proposed project. b) According to Sweetwater Authority correspondence dated April 24, 2007, an existing 8-inch water main is located on the south side of East Oxford Street, with one existing water service to the site. The proposed improvements will include a new water main extension within the proposed public road that connects to the existing Authority water main in East Oxford Street, and terminates in the proposed cul-de-sac. This would include new separate laterals and meters for each parcel. As the water facility improvements are designed in accordance with water authority standards, no significant impacts to existing facility systems will occur as a result of the proposed project. Adequate storage facilities exist to serve the project. c) The potential discharge of silt during construction activities could impact the storm drain system. Appropriate erosion control measures will be identified in conjunction with the preparation of [mal grading plans to be implemented during construction. The proposed project will result in the construction of new storm water drainage facilities, including grassy swales and a detention basin located at the southwest comer of the site. Installation of these improvements in conjunction with the proposed project will result in a reduction of storm water flow. The proposed project is subject to the NPDES General Construction Permit requirements and shall obtain permit coverage and develop a Storm Water Pollution Prevention Plan (SWPPP) prior to issuance of grading permits. In addition, the project shall be conditioned to implement construction and post-construction water quality Best Management Practices (BMPs) for storm water pollution prevention in accordance with the Chula Vista Standard Urban Storm Water Mitigation Plan (SUSMP). No significant impacts to the City's storm drainage facilities are anticipated as a result of the proposed project. d) The project site is within the potable water service area of the Sweetwater District. Pursuant to correspondence from the Sweetwater Authority, dated September 25, 2007, adequate storage facilities exist, and the project may be serviced from the 8"-water main on East Oxford Street and the applicant will need to install a service main to service this site. A fire flow of 1,500 gallons per minute fire flow at 20 psi pressure for a two hour duration, as required by the Chula Vista Fire Department, is available to serve the project. The proposed project will be required to construct expansions to existing water facilities as described in Section b above. e) An Overview of Sewer Service for the project was prepared on September 26,2007 and amended October 2007, prepared by Dexter Wilson Engineering. The project site is within the boundaries of the City of Chula Vista wastewater services area. The existing sewer facility system includes 8-inch sewer lines along East Oxford Street and one sewer lateral to serve the existing church. There are currently no sewer mains serving the northerly part of the site. Therefore a new 8-inch sewer lateral line within the proposed public street, connecting the sewer main in East Oxford Street is proposed to service the lots. The applicant shall be required to submit a final sewer report and plan showing compliance with the City's Sewer Design Criteria, to the satisfaction of the City Engineer. No adverse impacts to the City's sewer system or City's sewer threshold standards will occur as a result of the proposed project. f) The City of Chula Vista is served by regional landfills with adequate capacity to meet the solid waste needs of the region in accordance with State law. g) The proposal would be conditioned to comply with federal, state and local regulations related to solid waste. Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate identified storm water/storm drainage and wastewater impacts to a level ofless than significant. 20 Issues: XVII. THRESHOLDS Will the proposal adversely impact the City's Threshold Standards? A) Library 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. 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 equipped and staffed fire and medical units shall respond to calls throughout the City within 7 minutes in 80% of the cases (measured annually). D) Traffic The Threshold Standards require that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur during the peak two hours of the day at signalized intersections. Signalized intersections west ofI-805 are not to operate at a LOS below their 1991 LOS. No intersection may reach LOS "E" or "F" during the average weekday peak hour. Intersections of arterials with fi-eeway ramps are exempted from this Standard. 21 Potentially Significant Impact o o o o Less Than Significant With Mitigation Incorporated o o o o Less Than Significant Impact o o o o No Impact . . . . Less Than Potentially Significant Less Than No Issues: Significant With Significant Impact Impact Mitigation Impact Incorporated E) Parks and Recreation Areas 0 0 0 . The Threshold Standard for Parks and Recreation is 3 acres of neighborhood and community parkland with appropriate facilities/I,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 win provide necessary improvements consistent with the Drainage Master Plane s) and City Engineering Standards. G) Sewer o o . o The Threshold Standards require that sewage flows and volumes not exceed City Engineering Standards. Individual projects win provide necessary improvements consistent with Sewer Master Plan(s) and City Engineering Standards. II) Water o o . o The Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and that water quality standards are not jeopardized during growth and construction. Applicants may also be required to participate in whatever water conservation or fee offset program the City of Chula Vista has in effect at the time of building permit issuance. 22 t I tiO Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: a) The project would not induce substantial population growth; therefore, no impacts to library facilities would result. No adverse impact to the City's Library Threshold standards would occur as a result of the proposed project. b) According to the Police Department, adequate police protection services can continue to be provided upon completion of the proposed project. The proposed project would not have a significant effect upon or result in a need for substantial new or altered police protection services. No adverse impact to the City's Police Threshold standards would occur as a result of the proposed project. c) According to the Fire Department, adequate fire protection and emergency medical services can continue to be provided to the project 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 and Emergency Medical Threshold standards would occur as a result of the proposed project. d) According to the Traffic Engineering Division, the surrounding street segments and intersections including East Oxford Street and Melrose Avenue will continue to operate at the same Level of Service in compliance with the City's traffic threshold standard with the proposed project traffic. No adverse impact to the City's traffic threshold standards would occur as a result of the proposed project. e) The proposed project would not induce significant population growth, as it is a small residential infill project and would not impact existing or proposed recreational facilities. However, the applicant shall be required to pay Park Acquisition and Development Fees (pAD) in accordance with Ordinance No. 2945 adopted by City Council on January 6, 2004. f) Based upon the review of the project, the Engineering Department has determined that there are no significant issues regarding the proposed drainage improvements of the project site. The proposed drain system includes improvements to existing drainage culverts to handle 2, 10, 50 and 100-year stonn events, a series of inlets, private catch basins and culverts, underground detention systems, discharge controls, and filtering systems. No adverse impacts to the City's drainage threshold standards will occur as a result of the proposed project. g) An Overview of Sewer Service for the project was prepared on September 26, 2007 and amended October 2007 by Dexter Wilson Engineering. The project site is within the boundaries of the City of Chula Vista wastewater services area. The existing sewer facility system includes 8-inch sewer lines along East Oxford Street and one lateral to serve the existing church. There are currently no sewer mains serving the northerly part of the site. Therefore a new 8- inch sewer lateral line within the proposed public street, connecting the sewer main in East Oxford Street is proposed to service the lots. The applicant shall be required to submit a final sewer report and plan showing compliance with the City's Sewer Design Criteria, to the satisfaction of the City Engineer. No adverse impacts to the City's sewer system or City's sewer threshold standards will occur as a result of the proposed project. h) The project site is within the potable water service area of the Sweetwater District as noted in their correspondence. Pursuant to correspondence ttom the Sweetwater Authority dated 4/24/07, the project may be serviced ITom the 8" -water main on East Oxford Street and the applicant will need to install a service main to service this site. No significant impacts to existing facility systems or the City's water threshold standards will occur as a result of the proposed project. Mitigation: No mitigation measures are required. 23 , , Issues: XVIII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects.) c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Comments: Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact o o o . o o o . o o o . a) See Mitigated Negative Declaration, Section E. Potential short-term construction raptor nesting impacts are addressed in the Mitigated Negative Declaration, Section F, under Biological Resources. b) The project site has been previously disturbed with a church land use and site improvements. No cumulative considerable impacts associated with the project when viewed in connection with the effects of past projects, other current projects and probable future projects have been identified. c) The project will not cause substantial adverse effects on human beings, either directly or indirectly, as the proposed project has been mitigated to lessen any potential significant impacts to a level of less than significance. Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant impacts to a level ofless than significance. 24 r. , t ~ 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 -031. xx. AGREEMENT TO IMPLEMENT MITIGATION MEASURES By signing the line(s) provided below, the Applicant and/or Operator stipulate that they have each read, understood and have their respective company's authority to and do agree to the mitigation measures contained herein, and will implement same to the satisfaction of the Environmental Review Coordinator. Failure to sign below prior to posting ofthis Mitigated Negative Declaration with the County Clerk shall indicate the Applicant and/or Operator's desire that the Project be held in abeyance without approval and that the Applicant and/or Operator shall apply for an Environmental Impact Report. ASf:.\'. V\ci:-- ~~ MAA D- Pf-\lNt3( - ~~~~ ~t.- Printed Name and Title of Applicant (or authorized representative) Signature of Applicant (or authorized representative) tD 1(1 ( ^OO ry-- Date N/A Printed Name and Title of Operator (if different from Applicant) N/A Signature of Operator (if different from Applicant) Date 25 ('+ I' , (' XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the previous pages. D Land Use and Planning D Population and Housing . Geophysical D Agricultural Resources . Hydrology/Water . Air Quality D Paleontological Resources DTransportation/Traffic . Biological Resources D Energy and Mineral Resources D Public Services D Utilities and Service Systems D Aesthetics lIHazards and Hazardous Materials D Cultural Resources . Noise D Recreation D Mandatory Findings of Significance 26 .- 1" . r- XXII. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project could not have a significant effect on the environment, and a Negative Declaration will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made or agreed to by the project proponent. A Mitigated Negative Declaration will be prepared. I find that the proposed project may have a significant effect on the environment, and an Environmental Impact Report is required. I find that the proposed project may have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect: 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An Environmental Impact Report is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because 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. /I 121!tJ T Date I J:\Planning\MARIA \Initial StudyWillas De! Mar\IS-04-022draftChecklist.doc 27 o . o o o ;:lff;fc #vU e:-fff 9'. ~ {f?- -.- 0:--- ---- ~---i:~ - - -- Plan n i ng & B u i I din g De par t men t Planning Division I Development Processing em OF CHULA VISTA APPLICATION APPENDIX B Disclosure Statement ", Pursuant to Council Policy 1 01-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.. Brookfield Shea Otay LLC Brookfield Otay LLC . Concordia Lutheran Church of Chula Vista. California 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. N/A 3. If any person* identified pursuant to (1) above is a non-profit organization or trust,list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. N/A 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. Hunsaker & Assoc. ( Lex Williman) Brookfield Otay LLC ( Adam Pevney ) Hunsaker & Assoc. ( Marvbeth Murray) Nancy Keenan ( Dahlin Group) Hunsaker & Assoc. ( Terry Barker) 5. Has any person* associated with this contract had any financial dealings with an official** of the City of Chula Vista as it relates to this contraCt within the past 12 months. YesD- No ~ If Yes, briefly describe the nature of the financial interest the official** may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No [2J Yes D If yes, which Council Member? 276 Fourth Avenue I Chula Vista I California I 91910 I (619) 691-5101 ~{~ -.- ~....,;:'......- -- ~~- -- Planning & Building Department Planning Division I Development Processing eflY 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 Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes Cl-. No~_ If Yes, which official** and what was the nature of item provided? Date: 4/05/2007 Adam D. Pevnev - Assistant Vice President Print or type name of Contractor I Applicant * Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. 276 Fourth Avenue I ChulaVista I California 191910 1(619)691-5101