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Home My WebLink About2009/05/26 Item 8 CITY COUNCIL AGENDA STATEMENT ~!ff:. ClIT OF .J~ (HULA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: OS/26/2009, Item~ PUBLIC HEARING TO CONSIDER A1'J APPLICATION FOR THE REZONE (PCZ-08-01) OF THE PROPERTY LOCATED AT 1778 BROADWAY; CONDITIONAL USE PERL\1IT (PCC- 08-00S0; DESIGN REVIEW PERMIT (DRC-OS-14) TO ALLOW THE CONSTRUCTION OF A 14,105 SQUARE FOOT BUILDING FOR THE ESTABLISHMENT OF A RECYCLING CENTER AT 1778 BROADWAY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) ADOPTING MITIGATED NEGATIVE DECLARATION IS-OS-006; (2) APPROVING CONDITIONAL USE PERMIT PCC-OS-008; (3) AND APPROVING DESIGN REVIEW PERLvlIT DRC-08-14 TO ALLOW THE CONSTRUCTION OF A 14,105-SQUARE FOOT, ONE- STORY, INDUSTRIAL BUILDING A1'JD ASSOCIATED SITE 1VIPROVEMENTS FOR THE ESTABLISHfvIENT OF A RECYCLING CENTER AT 1778 BROADWAY ORDINA1'JCE OF THE CITY OF CHLILA VISTA AMENDING THE ZONING MAPS ESTABLISHED BY fvfUNICIP AL CODE SECTION 19.18.010 BY REZONING THE 0.8S-ACRE PARCEL LOCATED AT 1778 BROADWAY FROM THE COMMERCIAL THOROUGHFARE WITH PRECISE. PLAN (CT-P) ZONE TO L1VIITED INDUSTRIAL WITH PRECISE PLA1'J (IL-P) ZONE . I L-- GARY HALBERT~P.E., AICP, DEPUTY CITY MANAGERlDEVELOp ENT SERVICES DIRECTOR CITY MANAG 4/STHS VOTE: YES D NO 0 SUMMARY The owner of the property located at 1778 Broadway, Latif Zoura (Owner/Applicant), filed applications on November 21,2007 for construction of a 14,105 square foot, one- story, industrial building and the associated site improvements (parking, landscaping, access and circulation) for the establishment of a recycling center. The proposed project involves the development of a vacant parcel located at the northwest comer of Broadway 8-1 OS/26/09, ItemL Page 2 of9 and Faivre Street in the southwest area of Chula Vista (see Attachment I - Locator Map; Attachment 2 - Aerial Map), within the Merged Chula Vista Redevelopment Project Area. The applications submitted include a Rezone of the property from the current Commercial Thoroughfare with Precise Plan (CT-P) to Limited Industrial with Precise Plan (IL-P), Conditional Use Permit for the recycling use, Design Review and Preliminary Environmental Review. The action to be considered by the City Council is for the following: I) Rezoning of the property from CT-P to IL-P, 2) approval of a Conditional Use Permit and 3) approval of Design Review Permit for the development of the proposed project. The rezone is necessary in order to make the zoning consistent with and implement the General Plan designation. State law (Government Code 65854-65861) establishes the process for adopting zone changes of property and requires that the Planning Commission hold a public hearing on proposed rezoning actions and provide a written recommendation to the City Council. In addition to the Planning Commission's recommendation on the rezone, Chula Vista Municipal Code (CYMe) Section 2.55.050 provides that the Chula Vista Redevelopment Corporation (CYRe) has the same legislative functions as the Planning Commission, in cases such as those that involve rezoning. The CVRC is also the review authority for administrative and quasi-judicial functions, such as Conditional Use Permits (CUP), Design Review and Tentative Maps, for projects located within the City's redevelopment areas. The Planning Commission's and the CYRC's recommendation on the rezone, as well as the CVRC recommendation on the CUP and Design Review are being forwarded to the City Council for final consideration and approval. ENVIRONMENTAL REVIEW The Environmental Review Coordinator reviewed the proposed project for compliance with the California Environmental Quality Act and prepared an Initial Study, IS-08-006, in accordance with the California Environmental Quality Act (CEQA). Based upon results of the Initial Study, the Environmental Review Coordinator determined that the project could result in ,impacts on the environment. However, revisions to the project made by, or agreed to, by the applicant would avoid the impacts, or mitigate the impacts, to a point where no significant impacts would occur. Therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-08-006 which was made available for public comment from March 24, 2009 to April 23, 2009. No comments were received. RECOMMENDATION That the City Council (I) adopt Mitigated Negative Declaration 15-08-006; (2) Approve Conditional Use Permit (PCC-08-008); (3) Approve Design Review Permit (DRC-08- 14); and (4) Introduce an Ordinance adopting Rezone (PCZ-08-01) for the 0.88-acre site at 1778 Broadway from Commercial Thoroughfare with Precise Plan (CT -P) to Limited Industrial with Precise Plan (IL-P). BOARDS/COMMISSION RECOMMENDATION The project was presented to the Redevelopment Advisory Committee (RAC) on February 7, 2008 and March 19, 2009. At the first meeting, the RAC had some concerns 8-2 OS/26/09, Item~ Page 3 of9 about the traffic, internal circulation for vehicles and pedestrians, landscaping, and storm water management. After the first meeting, the applicant re-designed the project to downsize the proposed building from its original proposal ofa two-story, 16,795 square foot building, for the recycling center and wholesale businesses to the current design of a one-story, 14,105 square foot building only for the recycling center. On March 19,2009, the RAC reviewed the proposed project for the second time and recommended the project be forwarded for approval of the project proposal as revised. Summary meeting notes are included as Attachment 3 - RAC Meeting Notes. On May 13, 2009, the Planning Commission reviewed the proposed Rezone and recommended by a vote of 6-0-0-1 that the City Council adopt the Negative Declaration and approve the Rezone. On May 14, 2009, the CVRC reviewed the proposed Rezone, the requested Conditional Use Permit and Design Review Permit. The CVRC recommended by a vote of 5-0-0-1 that the City Council adopt the Negative Declaration and approve the Rezone, Conditional Use Permit and Design Review Permit. DISCUSSION 1. Project Location The project is proposed on a vacant parcel approximately 0.88 acre (38,342 square feet) located at the northwest comer of Broadway and Faivre Street in the southwest area of Chula Vista. The property is also bounded by 27th Street (a small industrial street) on the west side. The site is located within the Merged Chula Vista Redevelopment Project Area. 2. Project Description The project consists of the construction of a 14,105 square foot, one-story, industrial building for the establishment of a recycling center (see Attachment 4 - Conceptual Design Plans). The building will have an exterior height of 30 feet. The project also includes the construction of a 19-space parking lot, new landscaping (12,567 square foot), and a new trash enclosure. The proposed project includes the under grounding of an open drainage channel within the City's right of way, the dedication of street right-of- way, and construction of street improvements (sidewalks, curbs and gutters) on three sides of the property (along Broadway, Faivre and 27th Street). Landscaping materials, including trees, shrubs and groundcover, will be located along the periphery of the lot, as well as key areas along the building. Landscaped areas account for approximately 33% of the site's area. The proposed one-story building structure is generally located in the center of the lot, and the two main building elevations face Broadway and Faivre Street. The proposed 'building has an industrial contemporary design. The proposed struchlre consists of concrete tilt-up panel structural design. The structure's exteriors are proposed to be finished in colored stucco and stone veneer. The color combination uses earth tone color hues, such as light tan and light brown. Store-front systems will consist of tempered glass window panels with black aluminum framing. Overhangs around the building at 8-3 OS/26/09, ItemL Page 4 of9 the top and mid-section will be covered with a natural color aluminum fascia. Roll up doors painted in dark brown color will be used to provide primary access to the Recycling Center. In order to facilitate circulation in this area, on February 12, 2009 the Safety Commission approved specifications for 27th Street, which was previously designated as a two-lane industrial street, to be modified from the 72-foot wide industrial street standard to a 40- foot wide, one-way street segment with traffic heading southbound. This action also provided significant relief to property owners for required improvements along this segment of 27th Street. The revised circulation plan provides access to the site from three driveways located on Broadway, Faivre Street, and 27th Street, as follows: 1. 24-foot driveway on Broadway providing ingress only and direct access to the recycling center; entry-only signs will posted on both sides of the driveway; 2. 20-foot driveway on Faivre Street is providing egress only; and, 3. 25-foot driveway on 27th Street which provides both ingress and egress. The circulation plan allows customers to drop off their recyclables by driving through a vehicular entrance to the building located on the east side of the building on Broadway or by walk up (Attachment 4 - Conceptual Design Plans). Customers will drive their vehicles inside the facility to the scale area. Employees will download the recycling material (plastic, aluminum, glass, paper) into large containers for weighting purposes. Customers then drive their vehicles to the cashier booth for payment. After collecting payment, customers will be able to leave the facility through one of the two vehicular exits located on the building's south and west elevations and use the adjoining Faivre Street or 27th Street driveways. Once weighted, the recycling material will be mechanically compacted with propane powered fork lifts transporting the compacted material to a storage room located in the rear of the building. Once or twice a week, the recycled material will be hauled away. The rear of the facility is located on the west side facing 27th Street. Storage, trash enclosures, a loading area and some parking will be located in this area. The entrance/exit driveway on 27th Street will provide access for large truck traffic hauling the compacted recycled materials and trash. The employees may also use this driveway to park their vehicles in the parking spaces provided within this area. Pedestrian access onto the site and building is provided via designated pedestrian walkways adjacent to the driveways on Broadway and Faivre Street beyond a landscape planter. 3. Land Use and Zoning The site is located in an area designated for industrial uses and characterized by a mixture of commercial and industrial uses. The site's General Plan land use designation is Limited Industrial (IL), while the Zoning classification is Commercial Thoroughfare with a Precise Plan (eT -P). The existing land uses on and adjacent to the subject site, as well as the land use designations, are shown in the table below. 8-4 OS/26/09, Item~ Page 5 of9 General Plan Zoning Designation Existing Uses Designation Site Limited Industrial Commercial Thoroughfare Undeveloped Lot, with Precise Plan (CT-P) North Limited Industrial Commercial Thoroughfare Produce with Precise Plan ICT-P\ Market/Used Car Lot East Limited Industrial with Thrift (Across Limited Industrial Precise Plan (IL-P) Store/Warehouse Broadwav) South Limited Industrial with (Across Open Space Precise Plan (IL-P) Undeveloped Lot Faivre St.) Construction West Limited Industrial with Equipment Storage (Across 27'" Limited Industrial Precise Plan (IL-P) ( approved future St.) industrial multi- tenant buildine) Rezoning of the property from CT-P to IL-P will make the zoning consistent with and implement the General Plan designation. Other discretionary actions required for project implementation include a Design Review approval for the new industrial building and a CUP (pursuant to CYNIC S 19.58.345) to allow the recycling facility. 4. Analysis The project has been evaluated in accordance with the goals and objectives of the Chula Vista General Plan (2005), the Zoning Ordinance, the City's Design Manual, Landscape Manual, and the Amended and Restated Redevelopment Plan (2004). It is noted that the 2004 Redevelopment Plan refers to the General Plan and Zoning Ordinance for land use guidance. Rezone General Plan Consistency The project site is located within the Southwest Planning Area of the General Plan within the Main Street District (see Attachment 5 - General Plan Southwest Planning Area). While the General Plan designates the site for limited industrial uses, the site is currently zoned CT-P which allows a wide array of heavy commercial uses. The applicant has requested to rezone the site from CT-P to IL-P which would result in a consistent zone with the 2005 General Plan. The Vision for the Main Street District states that: "Light or limited industrial uses extend within previously disturbed development areas south of Main Street to the edge of the Otay River Valley open space. ,. The development proposal would implement the General Plan Land Use and Transportation (LUT) Policy 45.6 which states: 8-5 OS/26/09, Item~ Page 6 of9 "Maintain Main Street primarily as a limited industrial corridor. " The proposed rezone would allow industrial uses to be developed consistent with the City's General Plan policy for the site. The recycling center is a conditionally permitted use in the IL-P zone. Conformance with CYMC Chapter 19.80 CVlYIC Chapter 19.80 (Controlled Residential Development) applies to development projects that involve a rezone to or from a residential zone. The proposed project requests a rezone from a commercial zone to an industrial zone. Therefore, CYMC 19.80 does not apply to this project. Conditional Use Permit CYMC Section 19.58.345 states that recycling centers may be permitted with a CUP in commercial or industrial zones. The proposed recycling facility is desirable because it will increase general public convenience by providing for the demand for recycling services necessary for the implementation of recycling efforts in the area. The project will provide a convenient facility for the general public to return recyclable items, contribute to the re-cycle, re-use of resources and obtain a monetary refund that will support the family finances. The proposed project, as designed, will provide a new building facility that will enhance the area. The findings required by CYMC 19.14.080 for the issuance of CUP's, and supporting evidentiary basis that permits the stated findings, are included in the attached resolution. Design Review The project's site and building design were reviewed and evaluated based on the development standards of the City's Zoning Ordinance and the guidelines of the City's Design Manual and Landscape Manual. The following table provides a comparison of the proposed project development standards to the minimum required development standards for projects within the Limited Industrial Zone. -,' limitedln"dustrial Zone Propo~ed Project " . ..... . . Standards. Standard Height: Three and One-Half Stories, or One story (30 feet) 45 feet. Minimum Lot Area: 10,000S.F. 38,342 sa. ft. (0.88 acres) Setbacks: Required: Proposed: Front (Broadway): 20 feet 52 feet Ext. Side (Faivre Street): 15 feet 22 feet min. lnt. Side (27th Street): o feet 25 feet min. Rear: o feet 2 ft. min. Parki ng: Parking Required: Parking Provided: Recycling Ctr. (10,490 sq. ft.): 1/800 sq. ft ~ 13 spaces Standard: ] 8 spaces Recycling Office (843 sq. ft): 1/300 sq. ft - 3 spaces Handicap: 1 space Storage area (2,772 sq. ft.): ] /] 000 sq. ft. - 3 spaces Total required:] 9 spaces Total provided: 19 spaces 8-6 OS/26/09, ItemL Page70f9 In general, the City's Design Manual guidelines are intended to promote development which respects the physical and environmental characteristics of the community and the site, and which reflects functional and attractive site planning, and high quality design. The guidelines for industrial development in the City's Design Manual are intended to: Encourage projects which respect the character and scale of adjoining developments, with particular attention to sites in older, mixed-use areas, and sites which adjoin residential neighborhoods or other uses which may be particularly sensitive to the scale and impacts of industrial development. (CVDlVI p. IV-i). The proposed building represents a significant improvement for the area, which is characterized by older, non-de script buildings that lack order, function or appearance. The proposed new building incorporates innovative and imaginative architecture, which results in high quality industrial development. The building style and use of materials, such as concrete panels, stucco and stone veneers, exceed the standards of quality of the existing surrounding buildings. Promote a functional and attractive arrangement of buildings, open spaces, parking, circulation and loading areas which are sensitive to the physical characteristics and constraints of the site, and which provide efficient and pleasant places to work. (CVDM p. IV-i) The placement of the building in the center of the site and its relationship to parking creates a functional arrangement that provides appropriate access to the site and building for pedestrian and vehicular traffic. The positioning of the landscape materials around the site and around the building provide adequate screening of parked vehicles from public view and enhance the building's architecture. Create a high quality of architectural and landscape design, with an emphasis on functional needs, reducing the apparent mass of large scale buildings,. and screening and buffering loading, storage and working areas from incompatible land uses andfrom the public view. (CVDM p. IV-i) The new industrial building provides a centrally located focal point for the site, which is currently vacant, and fills a significant void in this comer of the neighborhood. The landscape plan will be functional and vernacular. The new building will be designed with a variety of elements along its facade that are well articulated and create interest. The use of earth tone colors and stone veneer, as well as the use of aluminum fascia, make the project consistent with the colors and materials found in the area. The applicant incorporated a number of revisions into the project design to address issues raised at the first RAe meeting. The driveway entrances/exits on Broadway and internal circulation of the site have been revised to allow for one-way traffic (entrance only) providing direct access into the recycling center, as well as access to the parking lot. Once the customer enters the recycling center building there are two drive aisles for the 8-7 OS/26/09, Item~ Page 8 of9 customers to drop off the recyclable items. Two exit routes in different locations have now been provided for customers to prevent stacking on Broadway. The customers can either exit to Faivre Street and use the exit only driveway or continue through to the 27th Street two-way driveway (in and out of the site). Large truck traffic will use the 27th Street driveway for pick up once or twice a week of the recycled materials and trash pick up. The employees may also use this driveway to park their vehicles in the four parking spaces. As part of the environmental review, the applicant commissioned a Traffic Study, which was prepared by Linscott Law & Greenspan. The Traffic Study analyzed the intersection of Broadway and Faivre Street for any potential impacts due to the proposed project. The study concluded that the maximum minor-street left-turning volume from Faivre Street is 50 trips during the PM peak hour. Approximately 100 peak hour trips would be required to warrant a traffic signal on a peak hour basis. In addition, Faivre Street is forecasted to have 1,400 ADT on a typical weekday. This is a very low 24-hour volume and would not warrant an 8-hour traffic signal. Therefore, the Traffic Study concluded that the project does not warrant a traffic signal or any other additional alterations to the traffic circulation on or off the site, other than the internal circulation modifications requested by the RAC and shown on the plans. Pedestrian access was improved with the removal of two parking spaces and relocation of the pedestrian access beyond a landscaped area adj acent to the driveway. In an effort to comply with the City's National Pollutant Discharge Elimination System (NPDES), the applicant submitted a Water Quality Technical Report (WQTR), Drainage Report, and revised plans to comply with the standards. According to the Engineering Department, the reports and the site's BMP's are in compliance with the NPDES requirements. A final Drainage Study will be required during the grading permit submittal. Revisions to the landscape plan were also made to minimize turf areas, provide parking lot screening, increase percentage of native planting, and carry the Broadway streetscape (using theme tree Washingtonia) into the streetscape landscape design in front of the property. CONCLUSION The proposed IL-P zone for the site would be consistent with and implement the goals and objectives of the General Plan. The proposed project components are appropriate due to the site's adjacency to both industrial and commercial development, as well as adequate existing infrastructure. Further, the proposed project, as conditioned, complies with the adopted zoning and development standards for the site, as well as the established guidelines of the Chula Vista Design and Landscape Manuals. The project will provide a useful, convenient, beneficial facility to the immediate area and the Chula Vista community. The project will provide a facility with quality architectural design, landscaping, and convenient parking. The project is well planned in terms of its internal circulation and interface with the street, and it will not create traffic impacts or spill-over negative effects. Therefore, staff recommends that the City Council approve of the Rezone, the Conditional Use Permit and Design Review Permit. 8-8 OS/26/09, 1temL Page 9 of9 DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. CURRENT YEAR FISCAL IMPACT The proposed applications are for a private project, and the processing of the applications and all staff time is being paid by the Property Owner/Applicant. The Property Owner is responsible for the maintenance the project. ONGOING FISCAL IMPACT The proposed project will create an increase in assessed valuation and the Redevelopment Agency will receive one percent of this increase as tax increment revenue. Of the one percent, the Agency will place 20% in the low and moderate income housing fund, and will give 20% to the County of San Diego, 7% to the Sweetwater Union High School District, 2% to Southwestern Community College, 1 % to the San Diego County Office of Education, and 11 % to the Chula Vista Elementary School District, leaving the Agency approximately 39% percent of the 1 % increase in assessed valuation available for redevelopment activities. These pass-through percentages are applicable to the Southwest Project area only. ATTACHMENTS 1. Locator Map 2. Aerial Map 3. RAC Meeting Notes 4. Conceptual Design Plans 5. General Plan Southwest Planning Area 6. Disclosure Statement 7. Mitigated Negative Declaration 1S-08-006 Prepared by. ,\,Jfiguel Z. Tapia. Senior Planner, Development Services Department 8-9 J 00 ~ o 2: Vi raivre Si LLLJ ATTACHMENT 1 0111110] 1IIII1111 I Tremont St o I PROJECT Ii.OCA1fU)~ Main Sl 1;; . . f; ,... . C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRlPTlON: C) A?PUCAN"P. Broadway Recycling Center DESIGN REVIEW PROJECT 1778 Broadway Project Summary: Proposing a new one story, 14,105 Sq. FL ADDRESS: Recycling center. SCAJ..E..: FILE NUMBER: NORTH No Scale DRC-08-14 Related cases: IS-<J8-J06. PCZ-:J8-01. PCC-<J8-J08 L;\Gabe Files\lacators\drc:J814.c:::ir 11.29.07 8-10 ATTACHMENT 2 ~ ....:l ~ o ..... ~ ~ u S o ;... '-+-i (J) !::: o N (J) ~ '"d (J) tJJ o p.. o ;... ~ M a I 00 a I N U ~ < :}~IH 6~ 'lJ i/I~:S d 1I'~2 v ATTACHMENT 3 DRAFT MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CHULA VISTA REDEVELOPMENT ADVISORY COMMITTEE (RAC) MARCH 19,2009 6:00 PM " CVPL) COMMUNITY ROO,,,, Adjourned Regular Meeting of the Chula Vista Redevelopment Advisory Committee was called to order at 6:01 p,m, in Chula Vista Police Department (CVPD) Community Room. RAC ROLL CALL PRESENT: Clayton, Martinez, Gilgun, Aguilar, Zimmerly, D'Ascoli, johnson, and Chair Moctezuma ABSENT: Rovi ra-Osterwalder ALSO PRESENT: Associate Planner Steichen, Associate Planner Young, Senior Planner Tapia, Ken Smith, Architect for Infinity Homes, the Engineer and Architect for the Broadway Recycling Center project, Principal Project Coordinator Hines, and Sr. Administrative Secretary Fields o 1. ELECTION OF CHAIR & VICE CHAIR Joanne Clayton was elected Chair of the RAe. Linda Gilgun was elected Vice Chair. 2. APPROVAL OF MINUTES December 18, 2008 3. ORAL COMMUNICATIONS There were none. 4. OPEN HOUSE AND PROJECT REVIEW 4.a. Proiect Review No.2: Project Manager: Broadway Recycling Center; 1778 Broadway Caroline Young, Associate Planner Summary: . Delay in project's processing due to resolution of 27'h Street improvement issues. . Plans have been revised to address the concerns raised at the first review of the RAC, particularly related to traffic flow into and out from the project and internal circulation and landscaping, The removal of the wholesale business use provided the flexibility needed to revise the plans, 8-12 DRAFT . The proposed plan is similar in concept to another of the owner's facility located at Fourth Avenue and Main Street. Questions & Comments Received: General . Good design that incorporated RAe's comme nts (RAC) . Welcome new development opportunities in the existing market conditions. (RAC) Landscaping . Look at the use of new technology to assist with landscape irrigation (RAC) . Use of ground cover that requires less maintenance and water versus grass (RACY Air Qualitv . How will the air quality of the interior space be addressed? (RAC) Response: Air quality report provided one year ago. Building code requires appropriate ventilation of the interior. (Applicant) ACTIQN: The committee voted unanimously to send the project to the CVRe. . 4.b. Proiect Review No.1: Project Manager: Infinity Homes, LLC, Landis Medical Building Jeff Steichen, Associate Planner Summary: . Plans have been revised to address the majority of concerns related to pedestrian orientation, architectural articulation, building massing, location/screening of parking and landscaping raised at the first review of the RAe. Questions & Comments Received: General . Good design (colors and massing) that incorporated RAe's comments (RACY . Welcome new development opportunities in the existing market conditions. (RAC) Davidson Street . Proposed plan shows grate in the driveway and location of the transformer and loading space near/at the driveway entrance on Davidson. Desire to have a more appealing pedestrian experience along Davidson. Possible enhancements could include well lighting within the landscaped areas for nighttime use, anti reflective glazing on windows, and coloring of concrete ramps to soften appearance. (RAC) Noise Page :2 - RAe Minutes htto:! /www.chulavistaca.gov March 19, 2009 8-13 ORA FT . Concern related to the noise of the transformer? (RAC) Response: Transformer cannot be heard 10 feet away. Planters above the area will help to absorb any noise. (Applicant) ACTION: The committee voted unanimously to send the project to the eVRC with three suggestions: 1) softening of the ramp using color, 2) special paving to indicate pedestrian crossings, and 3) no reflective glass on the windows facing Davidson. 5. MH"IBER COMMENTS There were none. 6. STAFF COMMENTS Principal Project Coordinator Hines called attention to a flyer she distributed to members on a workshop being held on March 23m regarding stimulus funds the City has been receiving. The workshop will cover our priorities, and inquire as to how the community would like to see the money spent. 7. ADJOURNMENT Meeting was adjourned at 6:59 p.m. to a regular adjourned meeting of April 2, 2009. . Page 3 - RAe Minutes http.//w,vw.chulavisraca.\;o\ March 19.2009 8-14 ~b~-~--Z- ;lliIHU!j( C.. .~,:.t=z:_ = ",illl>l . --8.r-:--~"- '1II'''2!'' - ... III!l'll '1~:::::::r::" ...; tl.;':!l:i ::: - ~ m1J..: I~:I".'.'.I'" .~ JI'l!'!:! o :, . 5:2 .:".: en >- ---' " z " " ill a: " ~l ~ " . Cl. u 3 u G t , ! L z '" '.~ ;Hi .1. ~i~ I'~ '.....1'1...51 i~l" i~ i~ii ~ <i .~ I:_I~ a.. ~ ~ ~ ~ ~ 8 '" UJ 1 I;; i~ i:6 ;~ 2 .. :~ ~I i!li..J G~.t i ia ~ I~ LU ::t~ II.. I~ 0::1 ,i S 3a ~ ~ ~ ~ ~ 'I~~ x ~~ ~ ~ Igi; " ~,~~Ii ~ ~ I~ l ,g,~ I~ ~I~'~ '~ t.." 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Ill, @P .._..i.."~\ ;;"E".;! - . .. ~'fl All '.,., e,' I L(i~v [..-lED. or'ElI (wal Sf'A.C~ 1.!t,UIEP lil(JU;.'-lr':lr>'L <Ii >. <l: .c:: 1:: :J o u.. <Ii >. <l: -e ~ -:.I"i\(:i:: n~t::Sl.:i(\'~. (If"ai ::ij-'/'.(.:t: l;i\'Fc~FI'....T 4 Nor 10 SCAl.E LWEI.: i:'P'LE OfEt! SI".....C::: Otay Valley Regional Park Figure 5-24 . Main Street District U~,'Ii1r{) ,; > <{ >, c ro !3 <{ ontgomery St. ..::..!: ~:L:~~,. (! LOW-IAElJ. :Gi -~Zenitjl-St.--~~~;'t...~~ '.~-' lil fJ' U/AlrED INDuS r. ,\1 _.~ ,._~._..,~-.~..~.-- if ItH:'u5Ii:J/\L !:.F ~--;. LOw'.J./,lED. ~ ..: .<::1 Q. 2 :::: i /',:.r.'/Ir,]'( El [~H. 5CH. ) ~ LiI/lrED ItJDIJ:-;r. UM1T'EO INl'U'3T1'.l,.\1. ,Ja f~E~:; HiGH . , qeE1-J Sr~hCE fTESEI~VE ~ r-:E~:;. ~,l~:J', 1111711 --- Ot7Er~ ~;f'ACE ,">!>.E:)n~\/r:: LEGEND 4i) @ fUTURE TRANSlf STJ\T!(/N POTENTIAL COMMur>JJTY PARK ... . . . ..-.. FUTURE TRANSIT nOUTE AREAS OF CHANGE EX15 liNG LANIJ USE Page LUT-157 ~\(t.- ~~ 'i::~~E" em ,~ CHUlA Vl'>IA )> -l -l )> o I ~ m z -l 01 ATTACHMENT 6 Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require'discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. .lAne v1A LJ ~;;~; \ :i c ~"~C~1j ^ 9 : vJ::::- I \ '" ?-".... (,{J-- aLJ V\.ev 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 ~ /9- ( v f 3. If any person* identified pursuant to (1) above is a nan-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 I /'\/ / v ( Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. A . 4. --l!~' ~ ~ r_J.~~ \\'^2i 5. Has any person'" associated with this contract had any financial deal~ with an official...... of the City of Chula Vista as it relates to this contract within the past 12 months. Yes_~ 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 CouncH~ Yes _If yes, which Council member? . 8-20 'tif;2...0 7. Have you provided more than~r an item of equivalent vaiue) to an offic:al.. of the City of Chula Vista in the past twel~12) months? (This includes being a source of income, money :.0 retire a legal debt, gift, loan, etc.) Yes_~ :,. . If Yes, which official" and what was the nature of item provided? Date c:; - /1 - \) 1 Signature of Contracto ppli l P.r-Ti ( 2--0 >1 ~ Pr Print or type name of Contractor/Applicant Person is defined as: any individual, firm, co-partnership, joint venture, association. social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -Of any other group or combination acting as a unit. Official includes, but is not limited to: Mayor, Council member, Chula Vista Redevelopment Corporation member, Planning Commissioner, member of a board, commission, or committee of the City, employee, Of staff members. . September 8, 2006 8-21 Mitigated Negative Declaration ATTACHMENT 7 PROJECT NA\\1E: Broadway Recycling Center PROJECT LOCATION: 1778 Broadway ,. ASSESSOR'S PARCEL NO.: 629-040-26-00 PROJECT APPLICAt'{T: Latif Zoura (Owner! Applicant) Vian Yakou (Agent) CASE NO.: 1S-08-006 DATE OF DRAFT DOCUNfENT: March 2. 2009 DATE OF FINAL DOCUNfENT: A. Prol ect Setting The 0.88-acre project site is a vacant parcel located at tlJe northwest comer of Broadway. a"d Fai'Te Street in the. southwest area of Chula Vista 'at 1778 Broadway. Tne property is also bou.,ded by 27" 'Street (a small industrial street) on the west side. The site is located within one of the industrial areas of the Merged Chula Vista Redevelopment Project Area (see Exhibit A-Location Map). The project site is relatively flat, \Vith vehicular access from all three streets. An open drainage channel runs in a north-south. direction along Broadway, within the City's right of way. The land uses immediately surrounding the project site are as follows: North: South: East: West: Produce Market/Used Car Lot Undeveloped Lot Thrift StorefWarehouse Construction Equipment Storage B. Proiect Description Tne proposed project consists of the development of a 14,105 square foot, one-story, industrial building for the establishment of a recycling center (see Exhibit B - Site Plan). The project also includes the construction of a 19-space parking lot, new landscaping (12,567 square foot), and a new trash enclosure. Off-site landscaping will be pro,ided along tloe three surrounding streets, as part of the street improvements to be pro,ided with the project, which include sidewalks, curbs, and gutters, as weli as drainage improvements. In accordance with City standards, a 6-foot dedication along Faivre Street is required, thus bringing Faivre Street into consistency with an industrial street. A 1-foot dedication along Broadway is required, thus bringing Broadway to a cOITlJnercial 4-Lane Major street. 17'" Street will be changed from a two-way street segment to a one-way street segment. The proposed project includes the undergrounding of an existing drainage channel along Broadway. The processing of the proposed project consists of a Design Review, Conditional Use Permit, and Rezone application. The project is identified as developable area within the City of Chula Vista Multiple Species Conservation Program Subarea Plan. I 8-22 C. Comoliance with Zoning and Plans The project site is within the CTP (Commercial-Thoroughfare) Zone and IL (Limited Industrial) General Plan designation. The CTP Zone allows for the proposed recycling center with a Conditional Use Permit and Design Review. The project proposes to rezone the property from CTP to IL in order to make the zoning consistent with and implement the General Plan designation. The IL zone also allows for recycling centers through approval of a Conditional Use Permit and Design Review. D. Public Comments On September 19, 2008, 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 October 2, 2008. No written comments were received. E. Identification of Environmental Effects An Initial Study conducted by the City of Chula Vista (including the attached Environmental Checklist form) determined that although the proposed project could have a significant environmental effect, there would not be a significant effect in this case because mitigation measures described in Section F below have been added to the project. Tne preparation of an Environmental Impact Report will not be required. This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. . Air Oualitv To assess potential air quality impacts an Air Quality Study, dated October 30,2008, was prepared by Brian F. Smith & Associates. The analysis evaluated emissions associated with both the constructiOlo and operation of the proposed project. Shori- Term Construction Activities The proposed project will result in a short-term air quality impact created from construction activities associated with the proposed project. The grading of the site for future recycling center development and worker and equipment vehicle trips will create temporary emissions of dust, fumes, equipment exhaust, and other air pollutants associated with the construction activities. Air quality impacts resulting from construction-related operations are considered short-term in duration. A comparison of daily construction emissions to the SCAQMD's and comparison usi.""lg the California state\vide factors and emissions thresholds of significance for each pollutant was analyzed. The addition of emissions to an air basin is considered under CEQA to be a significant impact. It was concluded that emissions associated wiL1 the construction and operation were below the significance thresholds for all construction phases and pollutants. To further ensure better air quality, implementation of the Mitigation Measure 1 contained in Section F below would improve short-term construction-related air quality. These measures are included as a part of the Mitigation Monitoring and Report:h"'1g Program. 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 industrial infill development, once completed will not result in significant long-term air quality impacts. Accordi.,g to the Traffic Study for the proposed project, the project- generated traffic volume of 232 trips would not result in significant lon~-term local or rerriona! air _ 0 0 2 8-23 quality impacts. TIrrough project design, emission-controlled construction vehicles and efficiency building product, no area source or operational vehicle emission estimates will exceed the Air Quality significance thresholds. Therefore, no operational or long-term mitigation measures are required. Biolo<!ical Resources A Biological Habitat Assessment Report was prepared by Brian F. Smith & Associates, December 15, 2003, to assess the potential biological resource impacts of the ',project. A biological habitat assessment of the project site was conducted on May 23, 2003 to identify the presence or absence of suitable habitat on the site. The biological resource analysis is summarized below. Existing Conditions The .33-acre project site is on a disturbed lot that has been previously graded and developed and consists of disturbed vegetation. Developed vegetation consists of exotic ruderal plants and native plants. The project site is located within in the City of Chula Vista MSCP Subarea Plan boundary in an area designated as a "Development Area." Under the Subarea Plan, the proposed project is not subject to the requirements under the Habitat Loss Incidental Take (HLIT) Ordinance. Wildlife/Sensitive Species/Sensitive Habitats The biological report stated that very few wildlife species such as birds and butterrlies occupied the site. All of the species observed for this site are typical for this area. Portions of the site may offer nesting opportunities for a ground-nesting species such as the mourning 0 dove. There were no tall trees, power poles, or other structures on the site that might provide nesting habitat for raptors. Nesting birds, including raptors, were not observed during the site visit. In accordance with the City of Chula Vista MSCP, these developed and disturbed vegetation areas are not considered sensitive habitats. Project Impact The existing lot supports very few wildlife species, such as birds and butterflies. The proposed construction of the project will impact potential habitat for the nesting migratory birds if Ll-je development occurs during t.l-je breedic,g season between January 15 through August 31. If construction must occur during the breeding season, pre-construction surveys shall be conducted to determi.'1e the presence or absence of nesting migratory birds, Therefore, the proposed project may result in impacts to sensitive biological resources and mitigation measures are required. Further mitigation measures including clearing, grubbing or gradL.'"1g permits, temporary orange biological fencic,g shall be installed around the area that may provide nesting habitat for nesting migratory birds. Fencing shall be constructed in accordance with the development plans to the satisfaction of the Environmental Review Coordinator. Implementation of the mitigation measures identified in Section F of this Mitigated Negative Declaration will reduce potentially signifccaDt biological impacts t~ a level below significance.i 3 8-24 Habitat Loss Incidental Take (HLIT) Permit The project area is located within fu"1 area designated by the City of Chula Vista Subarea Plan as Developed Areas Outside of City of Chula Vista Covered Projects and where it has been demonstrated that no Sensitive Biological Resources exits. Thus, the project is exempt from the City of Chula Vista Habitat Loss and Incidental Take Ordinance (Section 17.35 of the CYMC). Geology and Soils To assess the potential geological/soils impacts of the project, a Preliminary Geotechnical Investigation evaluation was prepared by, Leighton Consulting, Inc., dated July 8, 2008. The results are summarized below. No groundwater was encountered on the site. No groundwater is anticipated to be encountered during the site excavation and construction. However, the Otay Valley drainage area to the south of the site has surface elevations that ranges from 10 to 15 feet msl which may indicate an approximate elevation of the sites ground water table. No indication of surface ponding was observed on the site. However, surface water may drain as sheet flow in the higher portions of the site during rainy periods and accumulate in lower portions. Perched ground water could develop during periods of high precipitation or after site irrigation. Perched ground water is not expected to significantly impact the proposed development provided the recommendations regarding drainage are implemented. Over- watering on site should be avoided to reduce the potential for the buildup of a perched ground water condition. Undocumented fill was identified on the project site that reached a maximum thickness of approximately 4 feet below ground level. A thick layer of alluvium associated with Otay Valley is present across the entire site. The undocumented fill and the upper portion of alluvial materials are . considered potentially compressible and generally unsuitable in their present state to support additional fill or structural loads. The undocumented fill material and the upper portion of alluvial materials should be removed during the grading of the site. According to the City's Engineering Division, the project will require a grading permit. No geological or soil conditions were detected that would prevent the development of the site as currently designed and/or mitigated. The preparation and submittal of a final soils report will be required prior to the issuance of a grading permit as a standard engineering requirement. According to the City's Engineering Division, Ll]e project \vill require a grading permit. In order to prevent silt discharge during construction, the developer will be required to comply with best management practices in accordance with "Nt'DES 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 Engineering Division. 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. Draina!!e and Water Ouality In order to assess potential hydrology and water quality impacts, a Drainage Study dated January.20, 2009, and the Water Quality Technical Report, dated January 20, 2009, prepared by S,mdro R. Bermudez, were submitted for the project. According to the Engineering Department, the proposed improvements and mitigation are adequate to handle the project storm water I1JI10ff generated from the site. The existing flow and future anticipated flows are to be analyzed under the 2,10, and 50-year flood event. The results of t.1clese studies are surnmarized below: d 8-25 Existing Conditions There are no drainage inlets in the area. The reinforced concrete pipe located at the southeast comer of the property drains the storm runoff from Broadway directly toward the Omy Valley River. The offsite contribution is an eaTh'1 swale t'1at begins at Main Street and runs along the east boundary line of the properties facing Broadway. The earth swale includes the nlnoff from two other lots along Broadway and half the width of Broadway in front of the subject pro~,erty. The eastern section of the property also drains into the swale and eventually the discharge is received by the concrete pipe located at the southeast comer of the property. The surface runoff from the southerly portion of the lot discharges directly into Faivre Street and run westerly to a concrete cross gutter located at the southeast comer of Fai,Te Street and 27~ Street. The western portion of the lot also drains toward t'1e cross gutter at the comer of Faivre Street and 27th Street. Proposed Improvements According to the Engineering Department, the proposed improvements are adequate to handle the project storm water runoff generated from the site. The proposed draiI1age improvements include the construction of a drainage system under the sidewalk to replace the existing earth swale. The on-site discharges from the southern half of the property will be channelized via curb and gutter to an existing concrete cross-gutter at the beginning of the southwest comer of the lot. Due to the small difference between the existing flow and the anticipated flow for the post-construction condition no impact is anticipated to the properties or receiving waters downstream. Additional Best Management Practices (BiYIPs) included as part of the project design consist of items such as the use of the natural drain system (earth swale) for off-site storm runoff, and the drainage of water off of the impervious sidewalks, walkways, and parking lots into the proposed landscaping, area. The Project has also been designed to use corrugated steel pipe at the northeast comer of the property to reduce velocity of the incoming flow. No storage of material shall be allowed outside the recycling center. The site design BMP's have incorporated the installation and monitoring of t.l,e irrigation system for the landscaped areas to reduce the over-irrigation, thereby reducing the over saturation of the areas leading to excess run-off. Additional landscaped areas have been added throughout the site. All driveways openings, sidewalks, a.c.,d drive aisles have beh.,g decreased, to provide additional permeable areas. The trash enclosure areas are paved with in1pervious surface, and designed to not allow run-off from adjacent areas, screened or walled to prevent off-site transport of trash. The trash enclosure areas will also be covered and the site graded in such a way as to prevent run-on into the trash enclosure area. Due to the small difference between the existing flow and the anticipated flow for the post-construction condition, no in1pact is anticipated to the properties or receiVing waters downstream. No adverse impacts to the City's drainage threshold standards wiil occur as a result of the proposed project. As a standard condition, a final Drainage'study will be required with t'1e fIrst submittal ofr..'1e gradh.,g permit and shall be approved by the City Engineer. Properly designed drainage facilities will be installed at t.l,e time of Ll,e site development to 6e satisfaction of the City Engineer. In addition, compliance with required ,,"FOES regulations and BMPs will reduce water quality impacts to a less than significant level. These measures are included as a part of the Mitigation Monitoring. and Reporting Program (See Section F). 5 8-26 Wastewater Sen;ices/Sewer System The project site is within the boundaries of the City of Chula Vista wastewater services area. The existing area sewer facility system includes an 18" Chula Vista trunk sewer main and a 27" Metro sewer main, both along Faivre Street. The applicant will be requireci to submit a final sewer study to the satisfaction of the City Engineer. No adverse impacts to the e;'y's sewer system or City's sewer threshold standards will occur as a result of the proposed project.' . T ransporta ti on/Traffic In order to assess potential traffic impacts, a Traffic Study dated August 27, 2008, prepared by Linscott Law & Greenspan, was submitted for the project. The traffic analysis is summarized below. Existing Conditions According to the Engineering Department, the BroadwaylFaivre Street unsignalized intersection currently operates at the level of service L.O.S. "C"/L.O.S. "D" Design. The Broadway street segment will continue to operate at a L.O.S. "F". The Favire Street segment from Broadway to 27ili Street currently operates at L.O.S. "A". Proposed Improvements The project proposes to add a recycling center that would generate trips to/from the site from employees, customers, and delivery trucks. The project it calculated to generate approximately 232 Average Daily Trips. On February 12,2009 the Safety Commission approved 27tr. Street from a [wo- way street to be a one-way street segment with traffic heading southbound. . 0 The BroadwaylFaivre Street unsignalized intersection is shown to continue to operate at a poor LOS during the PM peak hour. This delay and LOS reflects the worst case minor street left turn movements. The overall delay for the intersection is 0.9 seconds and 3.6 seconds for the A...l\1 and PM peak hours, respectively. The percent-project traffic contribution to this already poorly operating intersection is 2%. Thus, the project impact is considered a cumulative project impact. The Traffic Study also analyzed the placement of a traffic signal at the intersection of Broadway and Faivre Street due to any potential impacts due to the proposed proj ect. The study concluded that the maximum minor-street left-turning volume from Faivre Street is 50 trips during the PM peak hour. Approximately lOa peak hour trips would be required to warrant a traffic signal on a peak hour basis. In addition, Faivre Street is forecasted to have 1,400 ADT on a typical weekday. This very low amount of 24-hour volume would indicate that an 8-hour traffic signal warrant would not be met either. The Faivre Street segment will continue to operate at LOS "A" and tbe Broadway segment will continue to operate at LOS "F" with the addition of the project generated traffic. The percent- project traffic contribution to tills already poorly operating intersection is 0.7%. Thus, the project impact is considered a cumulative project impact. The Traffic Study concludes that tills project does not warrant a traffic signal or any other additional alterations to the traffic circulation on or off the site, other than what is proposed on the plans. As a standard condition, a 6-ft street dedication will be required along Faivre Street and a 2-ft street dedication will be required along Broadway prior t6 the Improvement Plan or building permit approval to the satisfaction of u1e City Engineer in order to comply ",ith the City of Chula Vista Design Standards. Therefore, no significant traffic impacts will be created as a result of the proposed project. 6 8-27 F. Mitigation Necessary to Avoid Significant lmnacts Air Quality 1. The following air quality mitigation requirements shall be shown on all applicable grading, and building plans as details, notes, or as othernise appropriate, and s'1all not be deviated from unless approved in advance in writing by the City's Environmental Re\'i,~w Coordinator: '. . Minimize simultaneous operation of multiple construction equipment U11its. . . Use low pollutant-emitting construction equipment. . Use electrical construction equipment as practical. . Use cataly1ic reduction for gasoline-powered equipment. . Use injection-timing retard for diesel-powered equipment. . Water the construction area twice daily to minimize fugitive dust. . Stabilize graded areas as quickly as possible to minimize fugitive dust. . Pave permanent roads as quickly as possible to minimize dust. . Use electricity from power poles instead of temporary generators during building, if available. . Apply stabilizer or pave the last 100 feet of internal travel path within a construction site prior to public road entry. . Install wheel washers adjacent to a paved apron prior to vehicle entry on public roads. o Remove anY"lsible track-out into traveled public streets within 30 minutes of occurrence. . ,Vet 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 ro~ . . Cover haul trucks or maintain at least 12 inches of freeboard to reduce blow-off during hauling. . Suspend all soil disturbance and travel on unpaved surfaces if w'i,ds exceed 25 miles per hour. Biological Resources 2. To avoid any direct impacts to nesting migratory birds to occur during construction (including clearing and grubbing), constrUction activities should occur outside of the nesting season (January 15 through August 31). If construction must occur during the breeding season, pre-construction surveys shall be performed by a City-approved biologist to determine the presence or absence of nesting migratory birds within 300-feet of the construction area. The pre-construction survey shall be conducted within 10 calendar days prior to the start of any construction related activities (including removal of vegetation), the results of which must be submitted to the City's Environmental Projects ivIanager for review and approval. Ifnesnrlg migratory birds are detected by the City- approved biologist, a biological monitor shall be present on-site du,,-ing construction to minimize construction impacts and ensure that nest should not be removed or disturbed until all young have fledged. 3. Prior to issuance of any la..""1d development permit, including clearing, grubbing or grading permits, temporary orange biological fencing shall be installed around the area that may provide nesting habitat for nesting migratory birds. Fencing shall be constructed in accordance with the development plans to the satisfaction of the Environmental Review Coordinator. The City's Mitigation Monitor will conduct periodic site visits to verify the placement of t.'1e biological fencing and to ensure that all construction activities remain within the approved limits of grading. 7 8-28 Geology and Soils' 4. Prior to issuance of buildings permits, the applicant shall provide evidence to the City Engineer and City Building Official that all the recommendations in the Preliminary Geotechnical bvestigation prepared by Leighton Consulting, Inc., dated, July 8, 2008 and subsequent final geological requirements have been satisfied. Y' Drainage and Water Oualitv , II , 5. Prior to t'1e issuance of a building permit or prior to beginning of any earthwork acti,ities on the site, the Applicant must obtain a Land Development Permit in accordance mth Grading Ordinance No. 1797. The Applicant shall submit Grading Plans in conformance with the City's Subdivision Manual, and the City's Storm Water Management requirements. 6. A Drainage Srudy and Geotechnical Srudy are required with the first submittal of the grading permit and shall be approved by the City Engineer. The drainage srudy shall calculate the pre- developed and post-developed flows and show how downstream properties and storm drain facilities are impacted. Properly designed drainage facilities "ill be installed at the time of the site development to the satisfaction of the City Engineer. 7. The Applicant is required to implement Best Management Practices (BiYfPs) to prevent pollution of storm drainage systems, both during and after construction. 8. Prior to the approval of the grading permit, the' Applica11t must enter into a Storm Water Management Facilities Maintenance Agreement mth Grant of Access and Covenants mth the City ofChula Vista. The Applicant shall consent to perpetually maintain the project BiYfPs. o T ransportationff raffle 9. Prior to the issuance of any building permit, In1provement Plan in conformance with the City's Subdivision Manual and a Construction Permit will be required. 8 8-29 By signing the line(s) provided below, t~e Applicant aIld O'Wner 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) pro,ided below prior to posting of this Mitigated Negative Declaration with the County Clerk shall indicate the Applicant',~ and Operator's desire that the Proj ect be held in abeyaIlce without approval and that the Applican\ and Operator shall apply for an Emironmental Impact Report. /' \( t C\.. n i Cl \U')d Printed Name and Title' of Applicant (or authorized ",presentative) G. Agreement to Implement Mitigation Measures ') Signature of Ap an (or aut'1orized epresentative) N/A Printed Name aIld Title of Operator (if different from Applicant) N/A Signature of Operator (if different from Applicant) H. Consultation I. Indi,iduals and Organizations City of Chula Vista: Miguel Tapia, Planning and Building Department Maria Muett, Planning and Building Department Josie Gabriel, Planning and Building Department Stan Donn, Planning and Building Department Frank Rivera, Engineering Department Muna Cuthbert, Engineering Department Torn Adler, Engineering Department Sandra Hernandez, Engineering Department Mario Ingrasci, Engineering Department Kirk Ammerman, Engineering Department David Kaplan, Engineering Department Kelly Briers, Fire Department Lynn France, Conservation fuld Env1ron..rnental Services Others: Rudy Valdez-Romero, Chula Vista Elementary School District Hector l'Ylartinez, Sweenvater Authority 9 8-30 lha.rcl?...lDl [..'1. Date fL~f2ll? l D 7 Date Date Date " 2. Documents City ofChula Vista General Plan, 2005. Title 19, Chula Vista Municipal Code. Air Quality Study for the Broadway Recycling Center, 1778 Broadway, Chula Vista, Brian F. Smith & Associates, October 30, 2008. Biological Habitat Assessment Report for the Broadway Recycling Center, 1778 Broadway, Chula Vista, Brian F. Smith & Associates, December 15,2008. Preliminary Geotechnical Investigation for the Broadway Recycling Center, 1778 Broadway, Chula Vista, Leighton Consulting, Inc., July 8, 2008. Drainage Study for the Broadway Recycling Center, 1778 Broadway, Chula Vista, Sandro R. Bermudez, January 20,2009 Water Quality Technical Report for the Broadway Recycling Center, 1778 Broadway, Chula Vista, Sandro R. Bermudez, January 20, 2009. Traffic Study for the Broadway Recycling Center, 1778 Broadway, Chula Vista, Linscott Law & Greenspan, August 27,2008 Paleontological Resource Assessment for the Broadway Recycling Center, 1778 Broadway, Chula Vista, Brian F. Smith & Associates, May 22,2008. . Phase I Archaeological Assessment for the Broadway Recycling Center, 1778 Broadway, Chula Vista, Brian F. Smith & Associates, July I, 2008. Phase I Environmental Site Assessment Report for the Broadway Recycling Center, 1778 Broadway, Chula Vista, Varco Environmental Consulting, July 7, 2008. 3. Initial Studv Tills environmental determination is based on the attached L'1itial St-"dy, any comments received on the Initial Study and any comments received during the public review period for this Mitigated Negative Declaration. The report reflects the independent judgment of the City of Chula Vista. Further information regarding the environmental review of this project is available from the Chula Vista Planning and Building Department, 276 Fourth Avenue, Chula Vista, CA 91910. ----f2 Z >b Date: 3/11 /09 I / J:\Planning\Caroline\Discretionary permits\ Broadway Recycling\Initial Study\IS.Og.006MND.doc 10 8-31 J U? ~ o .2: '" m PROJECT lOCATION o Main St Faivre 5t e Vi oS " . C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C) APPLICANT: Broadway Recycling Center INITIAL STUDY PROJECT 1778 Broadway Project Summary: Proposing a new one story, 14,105 Sq. Ft. ADDRESS: Recycling center. SCALE: FILE NUMB"'" NORTH No Scale IS-08-006 Related cases: DRc"()8-14, PCZ.()8-<)1, PCC..()8-<)08 L:\Gabe Files\locators\jsOS006.cdr 11.18.08 8-32 ~ X~,\'b,-* '\1.1'1",' l'lln,l l:;,llll liI.\'." '\Q'Pil 1"1,1, iii rill []I ~t~sHfiI8i-q,l "~~""l'~lj !'~~8! l~- :llgo~llh~ l'$~""~"" . r.. ..::~ ::-:.: ...~~ rlt , , .~ . . I~ = i~ . 1-" 1< i~ \~ I'" 1< '" IZ 1- . 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I , . ~ Fxh\bil r ATTACHMENT "A" MITIGATION MONITORING Ai~D REPORTING PROGR.A....lvl (MMRP) Broadwav Recvclinz Center- 1S-08-006 I,: This Mitigation Monitoring and Reporting Program has been prepared by the City of Chula Vista in conjunction with the proposed Broadway Recycling proj ect. The proposed proj ect has been evaluated in an Initial StudylMitigated Negative Declaration (IS-08-006) prepared in accordance with the California Environmental Quality Act (CEQA) and City/State CEQA Guidelines. 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 Progra.'11 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. Drainage and Water Quality 5. Transportation/Traffic . MONITORING PROGRAtYI Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinators shall be the Environmental Review Coordinator and City Engineer of the City of Chula Vista. The applicant shall be responsible to ensure that the conditions of the Mitigation Monitoring and Reporting Program are met to the satisfaction of the Environmental Review Coordinator and City Engineer. Evidence in written form confirming compliance witi-J. the mitigation measures specified in Mitigated Negative Declaration IS-08-006 shall be provided by the applicant to the Environmental Review Coordinator and City Engineer. The Environmental Review Coordi..'1ator 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-08-006, which will be implemented as part of the project. In order to determine if the applicant has implemented Li-J.e measure, the method and timing of verification are identified, along with the City department Ot 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. 8-34 Brooclwav Recvclinq liS-DB-DOG) Table 1 MitiGation Monitorina and Reoorlinq Proqram ~. :~! ':':,', :-:',: Mitigation Measure No. Mitigation Measure Method of Timing of I j Responsible Completed Comments Verification Verification: Party Initials Date ..'....,:~i:,;, " . '. .. ... -<.;j; 'f' ~ The following air quality mitigation requIrements shall be Plan Check/Site shown on all applicable grading, and building plans as Inspectlon details, notes, or as otherwise appropriate: . Minimize simultaneous opemtion of multiple con5truction equipment units. . Use low pollutant-emitting construction equipment. . Use electrical construction equipment as practical. . Use catalytic reduction for gasoline-powered equiprnent. . Use injeclion-thlling retard for diesel-powered equiprllellt. . Water Ihe construction area rninirnulllthree IIrnes daily to minimjze fugllive dust. . Stabilize graded areas as quickly as possible to minimize fugHive dust. . Pave permanent roads as quickly as possible to minimize dust. . Use electricity hum power poles instead of temporary generalors during building, jf available. . Apply stabilizer or pave the last 100 feel of internal travel path within a construction slle prior (0 public road entry. . Inslall wheel washers adjacent to a paved apron prior to vehicle entry un public roads. . Remove any visible track-out Inlo 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. x x . Provide sufficient perimeter erosion control to prevent washout of silly material onto public roads. , . Cover haul trucks or lTl;]inlain at least 12 inches of , freebomd to reduce blow-off during hauling. . Suspend all soli disturbance and travel on unpaved . , surfaces If winds exceed 25 miles [)er hour. Pllge - 1 IX I i AppJicanU City Engineering DepartmenUCily Planning and Building Department Mitination Monitorinq and HeDurtino Prooram Broedwav Recvclinq IIS-08-006) Table 1 "':":;',::i.';' :Fl:;i~1~:!i;)W:i;!:(;!i:~i~M!:):tf~11~lre!!~:i~:~mlffi[~~1~f~r~!~1~1~re~~~~~\~m~'I~~r~Wg~iw;~W.~~~t~~rlti(1;~1~~~~~~j~1i~:J~~t!ill;fjj~~\;!:l~~~ii[tJ.;~;q~r,b~:l:1:J:~:,' Mitigation Measure No. 0> I w en ".:.:.' Mitigation Measure Method of Verification Timing of Verification Comments ApplicanVCily Planning and Building DepartmenVCily Engineering Depart ment ~O~r,~}t fP.~t!!1Itl tr~~9~.~~'! ~9,~!W~i~ ;.~,9.D~tr;; ::1,f.:R!"1r\ X 'X X 2, To avoid any direct impacts 10 nesting migratory birds to occur during construction (including clearing and UrublJing), construction activities should occur outside of the nesting sei:.lson (January 15 Huough August 31). If construction must occur during the breeding season, pre- construction surveys shall be performed by a Cily- approved biologist to determine the presence or absence of nesting migratory birds within 300-feet of the construction area. The ple-conshuction survey shall be conducted witl1irl 10 ci1lendar days prior 10 the start of any construction related activities (including removal of vegetation), the results of which must be submitted to the City's Environmental Projects Manager for review and approval. If nesting migratory birds are detected by the Cily- approved biologist, a biological monitor shall be present on-sile during construction to minimize construction Impacts and ensure that nest should not be removed or distUlbed until aU young have fledged. 3. Prior to issuance of any land development permit, Plan ChecklSlle Including clearing, grUbbing or grading permits, telllporary Inspeclion orange biolugical fencing shall be installed around the al ea that lIlay provide nesting habitat for nesting mlgralory birds. Fencing shall be constructed in accordance wilh the development plans to the satisfaction at tile Environmental Hevlew Coordinator. The City's Mitigation Monitor will conduct periodic site visits to verify tll~ placemerlt of the biological fencing and to ellSlll e lhal all construction acUvllies relllain within the approved lirnHs of grading. X X ApplicanV City Engineering DepartmcnVCity Planning and Building Department :'~':~:i:~'G~ibfg'g$!~nii)~j~,~~1!!ifiil~J~j;~~~>>fi~I~1;~~~Mll~~~~lml~fr.~JI~;!~i& ~1~1~~i t~&~m ill~~~~i ;:,~~~f~i Prior to issuance of buildings permits, the appHcaqt shall Plan Check/SHe X provide evidence to the City Engineer and CHy Building Inspection GUidal that all the recommendallons in tile Preliminary Geotechnical Investigation prepared uy Leighton Consulting, Inc., dated, Juty 8, 2008 and subsequent final uooloaical re(luirements tlave been suUslied. ApplicanUCity Planning and Building DepartrnenVCity Engineering Department 4, . Page - 2 Mitioation Monitorinq and Reoortinn Promam flfomlwov Recvclinn (lS-08-006) -- ~. CD I w -.I Table 1 Hli.:i~t!1.;:~;\.1~~rJ:.1~.'~.'!:~.~:;~ji U.-lli.t.'fli.~}~I,:..t~~'!ft~.[~~.f~~.~!.i~:.'if/.?J~t~.~4l(.f~f.j.;~~<<if)l:.;.;.'~!\~~t~r(Y!t~.";~~~.rr: .MIJ:IG'Am(ONfMoNI:no.~IN G~t.\ND~REP..f1~\I1INGiR~<!GR;tXM 5. Completed Initials Date !'D\h~:~~I;~N'~~ifG:~~lt~1W;~71;~!JJ~tlt~~~\Wjmir~:lmfl'J~111*I~m*ti"~..f~ illf~~;m1~~ii~",~~l ,~q~~lM'@.!t} f~F~~ll~ ~Dc,.H~~~j ~g8]::~ ~ml~rW~tu1i~mif~~~~r~[ ~~t~~~ ~j~tc~mH ]~jWli~f~~[;~Jj:!~J~1:~1~~:;,i ;,~!i~;;~;)~IC~.~ ~.S,.' . . RA r.' dAND\WA,.'IiER\\'..il:lAI11mYlh_I~I!~1,j\UfiltujU1Uumt.ltt1fiuillUUI}i,;ritm<t,;~~ ;9~~;."dl; "",.~~,~,,j;1 !>H2......'1l Mo.,,9J...:1f :11,311;1~ljJlbiUf;:;mi!tt:i!i!1~ rtliii.t1'\\"! i..:}~lf;:)': ;;!\!,,.~_.~~":":':j";~r~~.cf,.'.l'I;:if~';'~!'.~'Y' " :' Prior to the issuance of a building pennit or prior to Plan Check/Site X ApplicanllCity boginning of WlY earthwork activities on the site, the Inspection Planning and Ouildlng Applicant must obtain a Land Development Permit in DepartmenUCity accordance with Grading Ordinance No. 1797. The Engineering Applicant shall submit Grading Plans in conformance with Department the City's Subdivision Manual, and the City's Storm Water Management requirements. Method of Verification Timing of Verification Responsible Party Comments 6. A Drainage Study and Geotechnical Study are required Plan Check/Site with the first submittal ot tile gradjng permit and shall be Inspection JI-lproved by the City Erluilleer. Tile drainage stuuy shall calculate the pre-developed anu pust-ueveloped flows t;lfl(J show how downstream properties and storm drain facilities are impacted. Properly designed drainage facilities will be installed at the time of tlle site development to IIle satisfaction of the City Engineer. x ApplicanUCity Planning and Bullding Departrnerll/Cily Englneerhlg Department 7 The Applicant Is required to implement Best Management Plan Check/Site Practices (I3Mf's) to prevent pollution of stann drainage Inspection syslerns, boUI dUlln!) arid after cOflsliuction. x x x ApplicanUCity Planning and Building DepartmenUCity Engineering De artment ApplicanVClly Planning and Building DepartmenllCily Engineering Department u. Pdor to the approval or tho ur<ldinf) permit, the Applicant Plan Check/Sile lIIust enter into a StOllll Water Management Facilities Inspection Mainteuance Aweelllent willi Grant of Access and Covenants witll the City of Chula Vista. The Applicant shall consent 10 perpetually maintain the project BMPs. x ".i, ;' ."';;':"" ~ ":v. ...'",':,';'.,.' J';;,<'",...." ,'.:~"';,.;,. "H"'" :""-".,,,,(.1 "",.:'i'Y';"< <)..-<'. ~' 'r~;..,::'"'''' . :'~I'Frl" :~,:,.:,,,,;: ,". , . .'0 '"''1":;' 'D 'f' 'u'" ,/p" ,., :' i~"';"\ld',..c;,\..,.i'j'.,".'I.,\ .,:~-,;,!~.;. '.' '.' "::h",-':"i'rC !.j,\;:..:,;.q. '; ",';"'!~'. :""',,;; ::'\1~';~1!;:1~~\~;';'iV.~:~WI;m!:l;'y;.i~.,\~jt~P~~~~~Hf.1}~~;ft{'fl}iqr~l\~J~j!~~, J~~1; "~H!0{lV~lkl\(~~J~ ~t~iWM~OO :;~b[~'11(' ~CHU~~! lj;c'~~t'il! ;~jb~U~fl{f{H;lrl~;('f~~~\lH~l!i', W;~>{ltt!~t; ';i~;N~j:;Z\ Tn.ANSPORl'AT:IONIJRAFmCj~\\:r~i~~Wli;fI fi'~~rJeJ!~~:.Ll1'!~~.\i 1,fj*:., ~~~tlt'i~~ dfL;...j~';; 1.,.~n~,,~~ 1tO.,R!}~,,~ jltj,g~","", FiJ-';iJ;;!~~~&1. J~i\t!t1~:JWi~mbl' ;rW'~,';:;.'il x.tr~,~;Yc,.,l,; Pdar to the issuance of any building permit, Improvement Plan Check/Site X ApplicanUCity Plan in confOllnance with tile City's Subdivision Manual Inspection Planning and Building and a Construction Permit will be required. DepartrnenllCHy Engineering De artment '., ~I ~;' ':' I> 9. . Page - 3 ~I~ ;:;-"'0'- El'I-v:rn.Ol'i!\ITNTAL CHECKLIST FORM CTlYOF CHULA VISTA 1.. Name of Proponent: 2. Lead Agency Name and Address: 3. Address and Phone Number of Proponent: 4. Name of Proposal: . 5. . Date of Checklist: 6. Case No.: ENVIRONlVITl'Ii AL A1'<AL YSIS QUESTIONS: Issu es: I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare, wl>ich would adversely affect day or nighTtime ,iews in the area? 8-38 LatifZ0ura (Owner/Applicant) Vian Yakou (Agent) 'J City of Chula Vista Planning and Building Department 276 Fourth Avenue Chula Vista, CA 91910 3189 Main Street Chula Vista, CA 91911 (619) 370-4543 Broadway Recycling Center Febmary 17, 2009 1S-08-006 . Potentially Significant Impact Less Than Significant With :Ylitigation Incorporated No Impact Less Than Significant Impact o o e o o o o Iil o o m o o o o iii I Comments: a-b)The proposed project consists ofthe development ofa single-story 14,105 square-foot industrial structure consisting of a 10,811 square-foot recycling center, 2,772 square-foot storage area, and a 522 square foot of office space. The proposed project includes site improvements in accordance with the City of Chula Vista Municipal Code and Design Review Guidelines. The, proposed landscape improvements would enhance and improve the aesthetic quality of the Main Street corridor. The proposed project would not damage any scenic resources, vegetation, or historic buil:lings within a state scenic highway. The project site is identified as developable land according to the Multiple Species Conservation Program Subarea PIa.']. (MSCP). The project site contains no scenic vistas or views open to the public and therefore, no significant aesthetic impacts to these areas or resources are anticipated. c) The proposal is an infill industrial development project. The proposed project will not substantially degrade the existing visual character or quality of the project site or its industrial and commercial surroundings. The project site is planned for industrial development according to the General Plan Land Use regulations. However, the zoning is CT (Commercial Thoroughfare) requiring the rezone to Lirnited L'1dustrial for the proposed project and consistency with the General Plan. The immediate surroundings to the project site are all industrial land uses, therefore, no significant impacts to the industrial character of the area are anticipated. d) The proposal shall comply with the City's mmlffium standards for roadway lighting and shall be completed to the satisfaction of the Director of Planning and Building. The project will be required to comply with the light and glare regUlations (Section 19.66.100) of the Chula Vista Municipal Code (CVMe). Compliance with these regulations will ensure that no substantial glare, or light would affect daytime or nighttime views in the surrounding area. Mitigation: . No mitigation measures are required. Issues: PotentiaUy Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact [\0 Impact II. AGRICULTURAL RESOURCES. Would the proj ec!: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping alld Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? o o o IIlI o o o II c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? o o o !iii 2 8-39 Comments: a-c) The project will not convert any designated or prime farrnlaI1d to non-agricultural use. The project site is neither in current agricultural production nor adjacent to a parcel in agricultural production and contains no agricultural resources or designated farmland. No significant impacts to agricultural uses or changes to the existing environment are anticipated. Mitigation: No mitigation measures are required.. Issues: III. 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 number of people? Comments: ,. '!. Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact o o o ;l o o o fii1 . o rm o o o o Ii! o o o o Ili a, b, and e) The project site is located within the San Diego Air Basill (SDi\B). The proposal would generate insignificant amOli.'1ts of additional rraffic. The proposal would not conflict with air quality plans or standards. For these reasons, the proposed project would not result in any significant long-term local or regional air quality impacts. c and d) See Mitigated Negative Declaration, Section E. 3 8-40 Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant air quality impacts to a level ofless t."an significance. Issues: IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species ill local or regional plans, policies, or regulations, or by the Califomia Department of Fish and Game or U.S. Fish and Wildlife Service? .b). Have a substantial adverse effect on any ripa..,jan habitat or other senSitive natural community identified - in local or regional plans, policies, regulations or by the California Department ofFish and Game or D.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, 9r other means" d) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? e) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Comments: a-d) See Mitigated Negative Declaration, Section E. Potentially Significant Impact Less Than Significant With. Mitigation Incorpor:J.ted No Impact Less Than Significant Impact o o o II!!I o o o !!!!. o o o o 1m o o o liB o o o !ill e) No impacts to any local policies or ordL."lances protecting biological resources, such as a tree preservation policy or ordL."la.,"lce would result from the proposed project development. 4 8-41 Mitization: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant biological resource impacts to a level ofless than significance. Issues: Potentially Significant Impact Less Tha n Significant With Mitigation Incorporated Less Tha n Significant Impact 00 Impact V. CULTUR-li, RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in State CEQA Guidelines S 15064.5? o o o llli b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to State CEQA Guidelines S l5064.5? o o o ill . c} Directly or 4i91!~ctly .<iestroy'a unique paleontological resource or site or unique geologic feature? . o o 0-' " ~ d) Disturb any human remains, including those interred outside of formal cemeteries? o o o m . Comments: a) No historic resources are known or are expected to be present wit."-L'1 t10e project i~pact area. Therefore, no substantial adverse change in the significance of a historical resource as defined in Section 15064..5 is anticipated. b) Based on t.'1e previous site disttrrbance of mass grading, t.'1e potential for signi.:.-l-}cant LL'npacts or adverse ch3J.lges to archaeological resource as defined in Section 15064.5 is not anticipated. c) Based on the level ofpre,ious disturbance to the site and the relatively lirnited amount of additional gradi."lg for the proposed project, no impacts to unique paleontological resources or unique geologic fearures are anticipated. d) No hlL'11an remaim are anticipated to be present within the impact area of the project NIitigation: No mitigation measures are required. 5 8-42 Issues: VI. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? 11. Strong seismic ground shaking? lll. Seismic-related ground failure, including liquefaction? iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result m on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? 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? Comments: Potentially Significant Impact Less Than Significant With Mitig:1tion Incorporated No Impact Less Than Significant Impact D D D III'l D D D iii D D D !!l! D D D II D D D III . D D D III D D o = o o D Ilil a) The site has been previously graded and developed, however the site is currently vaca:ll. There are no kno\VTI active faults existing on the proj ect site or in the immediate area. The closest known active fault is the Rose Canyon Fault located approximately 4.4 miles west of the project site. Therefore, project compliance 'With applicable Uniform Building Code sta..,dards would adequately address a..,y building safety/seismic concerns. bod) See Mitigated Negative Declaration, Section E. 6 8-43 e) No septic tanks will be used for this project, since the site will be connected to the existing City sewer system. Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potential1y significant geological impacts to a level ofless than significance. --,-, i Issu es: VII. HAZARDS Al'ID HAZARDOUS lYL\TERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine trallsport, 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 airport land use plan or, where such a plan has not been adopted, 'Within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? 8-44 Potentially Significant Impact o o o o o o 7 :! Less Than Significant With Mitigation Incorpor.ated o o o o o o Less Than Significant Impact No Impact o Ell o m o ml . o !!a o !l!I o m g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Less Than Potentially Significant Less Thun With Significant Mitigation Significant No Impact Impact Incorporated Impact 0 0 0 ill! Issues: h) Expose people or structures to a significant risk ofloss, injury or death involving ""ildland fires, including where wildlands are adjacent to urbanized areas or where residences are intennixed with wildlands? o o o IllI Comments: a-c) The project site is currently vacant and no structures are on the site. The project site will not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous rnaterials, or through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. The project site will not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. d) The project site is not included on the list of hazardous materials sites compiled pursuant to Government Code section 65962.5 and, as a result, would not create a significa,'lt hazard to the public or the environment. . e) The project is not located within an airport land use plan nor wi1:lJh'l two miles ofa 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 proj ect is not located withh'l 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 >ViII not impair the implementation of or physically interfere ""ith any adopted emergency response pla,'l or any emergency evacuation pla..'1. h) The project is designed to meet the City's Fire Prevention building and rITe service requirements. No exposure of people or strUctures to a significant nsk of loss, injury or death due to wildfires is arlticipated. Mitigation: No mitigation measures are required. 8 8-45 Issues: VIII. DRAINAGE A1'<TI WATER QUALITY. Would the project a) Result in an increase in pollutant discharges to receiving waters (including impaired water bodies pursuant to the Clean Water Act Section 303(d) list), result in significant alteration of receiving water quality during or following construction, or violate any water quality standards or waste discharge requirements? 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 npt 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 pattern of the site or area, including through the alteration of the course of a stream or river, substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site, or place structures 'Within a I GO-year flood hazard area which would impede or redirect flood flows? e) Expose people or structures to a significant risk ofloss, injury or death involving flooding, including flooding as a result of the failure ofa levee or dam? f) Create or conttibute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? 9 8-46 PotentialIy Significant Imp:Jct o o o o o o Less Than .Significant With ~litigation Incorpor:lted , , Ii o o o o I!ll Less Than Signific.::mt Impact o EI!l !!Ill Ii!I o o 1\0 Impact o o . o o Il!l o Comments: a-d, fu"ld f) See Mitigated Negative Declaration, Section E. e) The proposal would not expose people or structures to significant risk of loss or injury or deat" invohing flooding. Miti9;ation: The mitigation measures contained In Section F of the Mitigated Negative Declaration would mitigate potentially significant DraimgefWater Quality impacts to a level of less than significance. IX. LAND USE AND PLANNING. Would the proj ect: 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 0 f avoiding or mitigating an environmental effect? Less Than Potentially Significant Less Than With Significant Mitigation Significant No Impact Impact Incorporated Impact 0 0 0 iii 0 0 0 Ii Issues: . a) Physically divide an established community? . c) Conflict with any applicable habitat conservation plan or natural community conservation plan? o o II o Comments: a) The proposed industrial infill project would be consistent with the character of the surrounding area and, therefore, would not disrLl't or divide fu"l es-cablished cornmu..'1ity. b) The project site is witbi"l the CTP (Commercial ThoroughfarefPrecise Plan) Zone fu"ld Limited Industrial (Limited Industrial) General Plan designations. The project includes a rezone from the CTP Zone to Limited Industrial Zone for compatibility with the General Plan and creatL"lg consistent applicable zoning regulations for the proposed project. No significant land use impacts are anticipated as the surrmmding landuses are all h"ldustrial fu"ld the vision of the General Plan is for carefully plfu"llled industrial uses. c) See ~litigated Negative Declaration, Section E. l\liti2:ation: The mitigation measures contained in Section F of t.1.e Mitigated Negative Declaration would mitigate potential1y significant land use and planning impacts to a level ofless thfu"l significance. 10 8-47 Issues: x. MJNER-\L 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? b) Result in the loss of availability of a 10caIly important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Comments: Potentially Significant Impact o o Less Than Significant With Mitig::ttion Incorporated 1,' o o Less Than Significant Impact o o No Impact Ilil /I a) The project site is currently vacant but previously mass graded -with industrial land uses and the site has been pre,iously disturbed. The proposed project would not result in the loss of availability of a knov.n mineraI resource of value to the region or the residents of the State ofCaIifornia. b) The State of California Department of Conservation has not designated the project sire for mineral resource protection. No impacts to mineral resources are anticipated as a result of the proposed project. lVlitigation: No mitigation measures are required. Issues: XJ. 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 ~gencies? b) Exposure of persons to or generation of excessive groundbome VIbration or groundbome noise levels? I I 8-48 Potentially Significant Impact o o Less Than Significant With Mitigation Incorporated o o Less Than Significant Impact i1 III . ~o Impact o o Issues: c) A substantial permanent increase in ambient noise levels in the project vicilUty above levels existing witbout 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, v.ithin two nliles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Comments: Less Than Potentially Sign(fic.:mt Less Than With Significant Mitigation Significant No Impact Impact Incorporated Impact 0 0 0 II!I c. 0 0 II 0 o o o III o o o 1'1 a-d) It is anticipated that on-site business employees and adjacent business personnel may be exposed to construction noise associated with short-term construction activities. However, the project Viill.be required to comply with the City's Noise Ordinance. In addition, due to the minimal construction activities associated Viith the project, impacts related to construction noise levels are not expected to be significant. The project is not anticipated to potentially violate the noise limits of the City's noise control ordinance. e) The project is not located Viithin an airport land use plan nor Viithin two miles of a public airport or public use airport; therefore, the project would not expose people residing or worki'lg in the project area to excessive noise levels. f) The project is not located Viithin the vicinity of a private airstrip; therefore, the project development would not expose people working in the project area to excessive noise levels. Mitigation: No mitigation is required. 12 8-49 Issues: Potentially Significant Impact Less Than Significant With Mitigation . Incorporated Less Than Significant Impact No Impact XU. POPULATION A1'iD HOUSING. Would the proj ecl: a) Induce substantial population grov"ih 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 Il!!! b) Displace substantial numbers of eXlstmg housing, necessitating the construction of replacement housing elsewhere? o o o G!il c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? o o o Eli! Comments: a-c) No residential development is proposed that would induce substantial population growth in the'area or reqeire substantial infrastrucnrre improvements. No permanent housing exists on the project site and no displacement of housing or person would occur as a result of the proposed project. Based upon the nature of the proposal no population growill inducement is anticipated. The project is an allowable industrial use under the proposed Rezone and current General Plan. iVlitigation: No mitigation measures are required. 13 8-50 Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Th:m Significant Impact No Impact XIII. PUBLIC SERVICES. Would the project: Result in substantial adverse physical impacts associated "ith 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 II b) Police protection? 0 0 0 Ell c) Schools?' 0 0 0 Iii1 d) Parks? 0 0 0 fa e) Other public facilities? 0 0 0 0 I1iI Comments: a) AccordL."1g to the Fire Department, adequate [lIe protection services can continue to be provided to the site. The applicant will be required to comply Mth the Fire Department policies for new building construction. The City's Fire performance objectives and thresholds Mil continue to be met. b) According to the Chula Vista Police Department, adequate police protection ser-ices ca."1 contL."1ue 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 performance objectives and thresholds "iil continue to be met c) The proposed project would not induce substantial population grOWL"; therefore, no significant adverse impacts to public schools would result. The applicant would be required to pay the statutoly building permit school fees for the proposed non-residential construction. d) The proposed project would not induce significant population growth, as it is not a residential project. Thus, the project Mil not create a demand for neighborhood or regional parks or facilities or impact existing park facilities. e) The proposed project would not have a significa.'1t effect upon or result in a need for new or expa."1ded governmental services and would continue to be served by existing public infrastructure. Mitigation: No mitigation measures are required. 14 8-51 Issues: XIV. RECREATION. Would the project: a) 1,crease the use of existing nei~'-!borhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 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? Potenti3lly Significant Impact D D Less Than Significant With Mitigation Incorporated D D Less Than Significant Impact D D No Impact B m Comments: a) Because the proposed project would not induce population grow!.\ it would not create a dema.'1d for neighborhood or regional parks or facilities. Neither will the proposed project impact existing neighborhood parks or recreationai facilities. b) Tne project does not L'1clude 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 t.'-!e recreational environment. . Mitigation: No mitigation measures are required. Issues: XV. TRA1'iSPORTATION / TR\FFIC. Would the proj ect: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load a",d capacity of the street system (i.e., result in a substantial increase in either the number of vehicle tips, the volume to capacirf ratio on roads, or congestion at intersections )7 15 8-52 Potentially Significant Impact D Less Than Significant With Mitigation Incorporated D Less Than Signific<J.nt Impact m :-loImpact D Less Than Potentially Significant With Less Than Issues: Significant Mitigation Significant No Impact Impact Incorporated Impact b) Exceed, either individually or cumulatively, a level of 0 0 0 II service standard established by the couniy congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including 0 0 Ill! 0 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 0 0 0 IliiI (e.g., sharp curves or dangerous intersections) or incornpal1ble uses (e.g., farm equipment)? e) Result in inadequate emergency access? 0 0 0 II f) Result in inadequate parking capaciiy? o o o iii g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? o o o . IlII Comments: (a,b,d,e) According to the Traffic Engineering Department, the proposed industrial infill project is not anticipated to result in any significant traffic, circulation or emergency access impacts. The project generated traffic trips are minimal, approximately 232 Average Daily Trips (ADTs) that is not considered to be a substantial increase in either number of vehicle trips, volume or capacity along Broadway and surrounding street segments. Tne project-generated trips will not exceed the existing level of service standard. In addition, the level of service standard established by the county congestion m'anagement agency for designated roads or highways have not been exceeded. No significan~ traffic impacts will be created as a result of the proposed project. cJ 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 proposed project includes 19 parking spaces in accordance with the Chula Vista Zoning Code. The proposal meets ADA requirements for accessibility and parking. g) The closest bus stop is located on Main Street across from the intersection of Main Street and Silvas Street, northwest of project site. The proposal would not contlict with adopted transportation plans or al ternati ve transportation programs. 16 8-53 "'litigation: No mitigation measures are required. Issu es: XVI. UTILITIES A.i'iD SERVICE SYSTEMS. Would the project: Potentially Significant Impact ' a) Exceed wastewater treatment. requirements of the D applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or D 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 draL.'1.age facilities or expa..'1sion of existing facilities, .the construction of which could cause significant emironmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by t',e wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand III addition. to the provider's existing corruninnents? f) Be served by a landfill with sufficient perII'itted capacity to accommodate the project's solid waste disposal needs? g) Comply ",it'! federal, state, and local statutes and regulations related to solid waste? Comments: Less Than Significant With . Mitigation . i . Incorpor::uec.l D D D i9 Less Than Significant Impact No Impact D D D Eli D D III D D D D D D D [] . Ii!! IllI D D HI D !'.lI a) The project site is located within an urban area that is served by all necessary utilities and senice systems. No exceedance of wastewater requirements of the Regional \-Vater Quality Control Board would result from the proposed project. 17 8-54 b) According to Sweetwater Authority correspondence dated December 6, 2007, an existing 6-inch water main is located on the east side of 27" Street. There are no water mains south or east of the parcel. In addition there are no existing water services to this property. The Owner must submit a street improvement plan showing existing utilities in 27'" Street, irrigation plan, plumbing plan that includes the total ftxture unit count of all existing and new plumbing ftxtures, ftre sprinkler plans, and calculations, if new services are required. As the water facility improvements are designed in accordance "ith water authority standards, no signiftcant impacts to existing facility systems will occur as a result of the proposed project. . . c) The proposed project v.ill result in the construction of new storm water drainage facilities and expansion of existing facilities. The potential discharge of silt during construction activities could impact the storm drain system. Appropriate erosion control measures v.ill be identifted in conjunction v.ith the preparation of fmal grading plans to be implemented during construction. 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 (BNJ:PS) for storm water pollution prevention in accordance "ith the Chula Vista Standard Urban Storm Water Mitigation Plan (SUSNJ:P). . d) The project site is v.itron the potable water service area of the Sweetwater District. The proposed project will be required to construct minor expansions to existing water facilities as described in Section b above. e) S<;:e XVLa. and b. t) The City of Chula Vista is served by regionallandftlls v.ith adequate capacity to meet the solid waste needs of the region in accordance v.ith State law. . g) The proposal would be conditioned to comply v.ith federal, state and local regulations related to solid waste. Mitigation: See Section E of the Mitigated Negative Declaration; refer to Hydrology and Water Quality. The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate identified storm water/storm drainage impacts to a level of less than signiftcance. 18 8-55 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 citywide 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 poljc.e units. ~haJi respond tc) 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. c) 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 Emergencv 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) "e" or better, wit.':! 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 TIE'! or np' dlL..;..~g the average weekday pea..1c hoUT. Intersections of anerials with freeway ramps are exempted from this Standard. 19 8-56 Potentially Signific::lnt Impac.t o o . o o Less Th~n Significant With l\1itigation Incorporated " i. o o o o Less Than Signific:mt Impact 1';0 Impact o IiliI o llIiI o o m o Ill! Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact E) Parks and Recreation Areas o o o Jill The Threshold Standard for Parks and Recreation is 3 acres of neighborhood and cOlnmunity parkland with appropriate facilities/I,OOO population east ofI-80S. F) Drainage o o I!I o The Threshold Standards require that storm water flows and volumes not exceed City Engineering Standards. Indi,idual projects "ill pro,ide necessary improvements consistent with the Drainage Master Planes) and City Engineering Standards. G) Sewer o o 1'1 o Tne Threshold Standards require that sewage flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements cOIlSistent with Sewer Master Planes) and City Engineering Standards. H) Water o o m o . The Threshold Standards reqUITe that adequate storage, treatment, and transmission facilities are constructed concurrently with plarmed growth and that water quality standards are not jeopardized during gro"ih and construction. Applicants may also be required to participate in whatever water conservation or fee off-set program ~1.e City of Chula Vista has in effect at the time of building permit issuance. Comments: a) The project would not induce substantia! 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 proj ect. b) According to the Police Department, adequate police protection ser'<ices can continue to be provided upon completion of tc'le proposed project. Tne proposed project would not have a significaI1.t 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. 20 8-57 c) Accordi.'1g to the Fire Depao-tment, adequate fife 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, u1e project 'Will contribute to the i."lcremental increase in fife senice demand tlrroughout the City. This increased demand on fIre ser;ices will not result in a signifIcant cumulative impact. No adverse impact to the City's Fire and Emergency Medical Tnreshold standards would occur as a result of the proposed project. d) According to the traffic analysis, the surrounding street segments and ~Itersections will continue to operate in compliance with the City's traffic threshold standard with the proposed: project traffic. No adverse impact to the City's traffic threshold standards would occur as a result oft,1e propo~'ed project. e) Because the project is proposed for industrial use and located west of Interstate 805, this Threshold SI8o"ldard is not applicable. f) Based upon the re\oiew of the projec~ the Engineering Department has determl.'1ed that there are no signifIcant issues regarding the proposed drainage improvements of the project site. The proposed drainage irnprovements include the construction of a drainage system under the sidewalk to replace the existing earih swale. No adverse impacts to the City's storm drainage system or City's dnainage threshold standards will occur as a result of the proposed proj ect. g) The existing area sewer facility system includes an 18" Chula Vista trunk sewer main and a 27" Metro sewer main, both along Fai\oTe Street. The applicant will be required to submit a fInal sewer study 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 proposed project area is 'Within the Sweetwater District Water service territory. Tnere is an existing 6-inch water main is located on the east side of 27'h Street. There are no water mains south or east of the parcel. In addition tl,ere are no existing water services to this property. The Ov,ner must submit a street improvement plan showing existing utilities in 27" Street, irrigation plan, plumbing plan that includes the total fi'Cture Unit count of all existing and new plumbi."lg fixtures, fire sprinkler plans, and calculations, if new ser\oices are required. The applicant shall be required to coordinate with the Water District for proper design guidance. No significant impacts to existing facility systems or the City's water threshold st80~dards will occur as a result of the proposed proj ect. Mitigation: No mitigation measures are required. 21 8-58 Issues: XVIII. iYV\_i'IDA TORY Fl1"IDINGS OF SIGNIFICA1'lCE 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 eIiminate 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 iI)crementaI effects.ofa 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 "ill 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 I!lI o o o Iii!. o o o III o a) See Mitigated Negative Declaration, Section E. Potential short-term construction noise/nesting and biologically sensitive impacts are addressed in the Mitigated Negative Declaration, Section E, under Biological ResOtCYces. b) The project site has been previously disturbed "i1:,'1 si..c-nilar industriallal1d uses aIld site improvements. No cUll1ulatively considerable impacts associated with the project when viewed in coooection ",ith the effects of past projects, other current projects aIld probable future projects have been identified. c) The project ",ill not cause substantial adverse effects on hUlnan beings, either directly or indirectly, as the proposed project has been mitigated to lessen any potential significant impacts to a level of less than significaI1ce. lVlitigation Measures: The rritigation meas\.ITes contained in Section F of the ivlitigated Negative Declaration would mitigate potentially significant impacts to a level ofless than significance. 22 8-59 XIX. PROJECT REVISIONS OR MITIGATION MEASURES: Project mitigation measures are contained in Section F, Mitigation Necessary to Avoid Significant Impacts, and Table I, Mitigation Monitoring and Reporting Program, of Mitigated Negative Declaration IS-06-020. X:X. AGREElVIENT TO IMPLEMENT MITIGA nON lVIEAsrJRES 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 within the Mitigated Negative Declaration, IS-06-020, and will implement same to the satisfaction of the Environmental Review Coordinator. Failure to sign below prior to posting of this Mitigated Negative Declaration with the County Clerk shall indicate the Applicant and/or Operator's desire that the Project be held in abeyance without approval and that the Applicant and/or Operator shall apply fznmental Impact Report. N/A Printed Name and Title of Operator (if different from Applicant) N/A Signature of Operator (if different from Applicant) 23 8-60 ~L{JI1'7!li1 , Date o Date ~XI. Ei'NIROi'o'NIENTAL FACTORS POTENTL\LL Y 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. m Geology and Soils II TransportationlTraffic Ii Biological Resources o Energy and Mineral Resources TJ Public .Services o Land Use and Planning o Population and Housing I!i1 Utilities and Service Systems o Aesthetics o Agricultural Resources l!liI Drainage/Water o Hazards and Hazardous Materials o Cultural Resources III Air Quality o Noise o Recreation o Paleontological Resources o Mandatory Findings of Significance o 24 8-61 XXII. DETERl'YIINATION: On the basis ofthis initial evaluation: I find that the proposed project could not have a significant effect on the 0 environment, and a Negative Declara tion 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 the mitigation measures described on an attached sheet have been added to the project. A Mitigated Negative Declaration will be prepared. I find that the proposed project may have a significant effect on the environment, and an Environmental Impact Report is required. I find that the proposed project may have a significant effect(s) on the environment, but at least one effect: I) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impacts" or "potentially significant unless mitigated." An Emironmental Impact Report is required, but it must analyze only the effects that remain to be "ddressed. 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 all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ErR, including re,isions or mitigation measures that are imposed upon the proposed project. An addendum has been prepared to provide a record of this determination. Noel Z. 'taJlia Sen' r Plarlnh Ci of Chula Vista z-\{~ :3 /II/O,? Dati I J :\Pla.."ming\Caroline\Discretaionary Permits\Broadway Recyciing\Initial Study\\tS-08-006final Checklist l.doc 7- -) 8-62 III o o o o RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (I) ADOPTING MITIGATED NEGATIVE DECLARATION IS-08-006; (2) APPROVING CONDITIONAL USE PERi\1IT PCC-08-008; (3) AND APPROVING DESIGN REVIEW PERivlIT DRC-08-14 TO ALLOW THE CONSTRUCTION OF A I4,I05-SQUARE FOOT, ONE-STORY, INDUSTRIAL BUILDING AND ASSOCIATED SITE IMPROVEMENTS FOR 'THE ESTABLISHMENT OF A RECYCLING CENTER AT 1778 BROADWAY A. RECITALS I. Project Site WHEREAS, the parcel, which is the subject matter of this resolution, is represented in Exhibit A, attached hereto and incorporated herein by this reference, and for the purpose of general description is located at 1778. Broadway, Chula Vista; and 2. Project; Applications for Discretionary Approval WHEREAS, on November 21,2007 a duly verified application for a Rezone (PCl-08- 01), a Conditional Use Permit (PCC-08-008), and Design Review Permit (DRC-08-14) was filed with the City of Chula Vista on behalf of Latif loura ("Applicant") to enable the development of a 14, lOS-square foot one story building and associated site improvements for the establishment of a recycling center at 1778 Broadway ("Project"); and 3. Environmental Determination WHEREAS, an Initial Study conducted by the City of Chula Vista Environmental Review Coordinator determined that the proposed project may have potentially significant environmental impacts, however, mitigation measures have been incorporated into the project to reduce these impacts to a less than significant level. Thus Mitigated Negative Declaration (IS-08-006) has been prepared in accordance with Section 15070 of the State of California Environmental Quality Act (CEQA) guidelines; and 4. Planning Commission Record on Application WHEREAS, on May 13, 2009, a Planning Commission hearing time and place was set for said Rezone 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 ovmers and residents within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and 8-63 City Council Resolution No. 2009- Page 2 WHEREAS, a hearing at the time and place as advertised, namely May 13,2009, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, was held before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission reviewed and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, IS-08-006; and WHEREAS, the Planning Commission after considering all evidence and testimony presented recommended by a vote of 6-0-0-1 that the City of Chula Vista City Council adopt Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, IS-08-006 and approve the Rezone (PCl-08-01) of the 0.88-acres site at 1778 Broadway from Commercial Thoroughfare with Precise Plan (CT-P) to Limited Industrial with Precise Plan (IL-P) Zone; and WHEREAS, the proceedings and all evidence introduced on this Application before the Planning Commission at their public hearing held on May 13, 2009, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding; and 5. Chula Vista Redevelopment Corporation Record on Application WHEREAS, a hearing time and place was set by the Chula Vista Redevelopment Corporation for consideration of 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 and residents within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS, the Chula Vista Redevelopment Corporation held a duly noticed public hearing to consider said application at the time and place as advertised, namely May 14,2009 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, said hearing was thereafter closed; and WHEREAS, the proceedings and all evidence introduced on this Application before the Chula Vista Redevelopment Corporation at their public hearing held on May 14, 2009, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding; and WHEREAS, the Chula Vista Redevelopment Corporation reviewed and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, IS-08-006; and WHEREAS, the Chula Vista Redevelopment Corporation after considering all evidence and testimony presented recommended by a vote of 5-0-0-1 that the Chula Vista City Council adopt Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, IS-08- 006 and approve the Rezone (pCl-08-01) of the 0.88-acres site at 1778 Broadway from Commercial Thoroughfare with Precise Plan (CT-P) to Limited Industrial with Precise Plan (IL- P) lone, and approve Conditional Use Permit (PCC-08-008) and Design Review Permit (DRC- 08-14); and 8-64 City Council Resolution No. 2009- Page 3 6. City Council Record on Application WHEREAS, a hearing time and place was set by the City Council of the City of Chula Vista for consideration of 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 and residents within 500 feet of the exterior boundaries of the property, at least ten (l0) days prior to the hearing; and WHEREAS, the City Council of the City of Chula Vista held a duly noticed public hearing to consider said Project at the time and place as advertised, namely May 26, 2009 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby lind, determine, and resolve as follows: B. ENVIRONMENTALDETERMINA TION The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-08-006, in accordance with the California Environmental Quality Act (CEQA). Based upon the results of the Initial Study, the Environmental Review Coordinator determined that the project could result in 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 prepared a Mitigated Negative Declaration, IS-08-006. C. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council finds that, in the exercise of its independent judgment, as set forth in the record of its proceedings, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-08-006), which is on file in the Development Services Department, has been prepared in accordance with the requirements of the California Environmental Quality Act, and the Environmental Review Procedures of the City ofChula Vista; and that the Project's environmental impacts will be mitigated by adoption of the Mitigation Measures described in the Mitigated Negative Declaration, and contained in the Mitigation Monitoring and Reporting Program, and that the Mitigation Monitoring and Reporting Program is designed to ensure that during Project implementation, the permitteelProject applicant, and any other responsible parties implement the project components and comply with the Mitigation Monitoring Program. D. CONDITIONAL USE PER1\1!IT FINDINGS The City Council does hereby find in accordance with CVMC S 19.14.080 for the issuance of Conditional Use Permits the evidentiary basis that permits the stated findings to be made. 8-65 City Council Resolution No. 2009- Page 4 1. That the proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The proposed recycling facility is desirable because it will increase general public convenience by providing for the demand for recycling services necessary for the implementation of recycling efforts in the area. The project will provide a convenient facility for the general public to return recyclable items, contribute to the re-cycle, re-use of resources and obtain a monetary refund that will support family finances. The proposed project, as designed, will provide a new building facility that will enhance the area and add an architectural feature to the vicinity. 2. That such use will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity. The project will not be detrimental to health, safety or general welfare of persons residing or working in the vicinity. The proposed project, as conditioned, complies with the adopted zoning and development standards for the site, as well as the established guidelines of the Chula Vista Design and Landscape Manuals. The project will provide a useful, convenient, beneficial facility to the immediate area and the Chula Vista community. The project will provide a facility with quality architectural design, landscaping, and convenient parking. The project is well planned in terms of its internal circulation and interface with the street, and it will not create traffic impacts or spill-over negative effects. 3. That the proposed use will comply with the regulations and conditions specified in this code for such use. The project complies with the regulations and development standards of the Limited Industrial zone, and the guidelines of the City's Design and Landscape Manual. The approval of this conditional use permit is contingent on the ApplicantlProperty owner's commitment to satisfy all conditions of approval and to comply with all applicable regulations and standards specified in the Chula Vista Municipal Code for recycling center uses. 4. That the granting of this conditional use will not adversely affect the General Plan of the City or the adopted plan of any government agency. The granting of the Conditional Use Permit for the proposed project will not adversely affect the City's General Plan. The subject site is being rezoned from CT-P to IL-P to implement the 2005 General Plan's Land Use and Transportation (LUI) Policy 45.6 for this area and the goals and objectives of the Amended and Restated Redevelopment Plan (2004) regarding the removal of blight and physical improvement to this area of the redevelopment project area. As proposed, the 8-66 City Council Resolution No. 2009- Page 5 designated Limited Industrial zone allows the project through the issuance of the Conditional Use Permit contained herein, which would provide a recycling facility that will provide needed recycling services for the community. As such, the Project is consistent with the General Plan and Zoning Ordinance and Restated Redevelopment Plan (2004), and will contribute to facilitate and encourage the community to recycle. E. CONDITIONS OF APPROVAL I. The following shall be accomplished to the satisfaction of the Development Services Director and prior to issuance of building permits, unless otherwise specified: Planning Division 1. Applicant shall develop and maintain the Project Site in accordance with the approved plans to the satisfaction of the Development Services Director, which include site plans, floor plan, and elevation plan on file in the Planning Division, the conditions contained herein, and Title 19. 2. Prior to, or in conj unction with the issuance of the first building permit, the Applicant shall pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ-1483. 3. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted for any building and wall plans and shall be reviewed and approved by the Development Services Director prior to the issuance of building permits. Additionally, the project shall conform to Sections 9.20.055 and 9.20.035 of the CVMC regarding graffiti control. 4. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Development Services Director. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Development Services Director. 5. All ground mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Development Services Director. 6. The Applicant shall obtain approval of a sign permit for each sign by the Development Services Director. Signs shall comply with all applicable requirements of the Municipal Code. 8-67 City Council Resolution No. 2009- Page 6 7. A landscape and irrigation plan, shall be prepared by a landscape architect, and submitted by the Applicant for review and approval by the Development Services Director prior to issuance of building permits. 8. No outside storage is allowed on the site. All work shall be conducted inside the building. 9. Prior to the approval of the building permit, the Applicant shall develop and submit a Recycling and Solid Waste Management Plan to the Environmental Services Program Manager for review and approval as a part of the permit process. Environmental Services 10. The Applicant shall maintain a written record and make an annual report of refuse/recyclables purchased, received or collected to the Environmental Services Program Manager for review and approval. The report shall be made on a form acceptable to the City Manager or designee and include but not be limited to: Characterization by materials type, tonnage, destination (processing, end use or disposal) and total customers. The report shall be delivered to the Environmental Services Program Manager no more than 30 days following the end of the calendar year. The report may be cumulative for all Chula Vista sites the Applicant may operate. 11. The Applicant shall maintain a written record of transactions for a minimum of five (5) years and make such records available, on site, during regular business hours, with two-business days notice by the City's Environmental Services Program Manager or designee. The transaction record shall include but not be limited to: characterization by material type, weight, total customers and jurisdictions of the customers. 12. The Applicant will pay for or take for free all recyclable materials and will not require or accept payment to receive materials from its customers. 13. The Applicant will not accept nor pick up mixed waste materials, garbage, rubbish, or refuse as defined in the Chula Vista Municipal Code 8.24 and 8.25. The facility is being permitted as a recycling facility only and not a waste processing or transfer station. The total amount of waste generated at the facility may not exceed 10% of the monthly volumes. 14. The Applicant shall maintain sanitary premises at all times to the satisfaction of the Environmental Services Program Manager, shall contract with the City's franchise agent (Allied Waste Services) for removing, conveying and disposing of non- recyclable wastes generated at the facility and maintain a waste receptacle for use by the Applicants customers during all operating hours. Onsite compactors are for densifying recyclable materials and not for trash service. 8-68 City Council Resolution No. 2009- Page 7 13. The Applicant shall cooperate with City recycling projects, including but not limited to: promoting City sponsored solid waste management events, allow the City to place drop-off collection bin(s) at the Applicant's facility, and assist the City and residents, regarding the proper use of the bins. These bins would be placed for the public benefit to recycle materials that cannot currently be recycled at the Applicant's center (such as mixed paper). The City's contractor or the recycling center operator may service these bins by mutual agreement. 16. The Applicant shall develop and implement a policy, to the satisfaction of the Environmental Services Program Manager, that discourages theft of materials from other legitimate recycling and solid waste diversion programs, to include staff training on how to initiate discussion from the public informing them that the center will not accept stolen material including material in a shopping cart, curb side bin, refuse or recycling cart. 17. During all hours of operation, the recycling center shall place a sign to the general public that reflects the anti-theft policy as follows: . Materials placed for collection at the curb, in a multi-family or commercial bin for recycling may be removed and conveyed only by the City and/or its agents. At the City's request, (Applicant's Company name) must consider materials brought to it in City bins, or shopping carts to be stolen and will not accept the items. 18. The Applicant shall submit a list of commodities accepted at the center to the Environmental Services Program Manager for approval. The list shall not be altered without prior written consent of the Environmental Services Program Manager. The City shall not umeasonably withhold a request by the Applicant to add or remove an item. 19. The Applicant will remove all improper disposal and shopping carts from the public thoroughfare that are within 300 feet of the entrance and/or exit of the Applicant's recycling center, as frequently as necessary, to keep the public thoroughfare free of carts and debris, but no less than daily, at the close of each business day. The Applicant shall also arrange for the return of carts to the proper retailer and proper recycling or disposal of abandoned materials. 20. The Applicant shall adhere to the regulations regarding signage within the City and all other local state and federal laws or regulations. 8-69 City Council Resolution No. 2009- Page 8 Engineering Division 21. The following fees will be required based on the final Building Plans submitted: a. Sewer Capacity Fee b. Development Impact Fees c. Traffic Signal Fees d. Western Transportation Development Fee 22. The Applicant shall grade the lot, and/or construct site improvements, so that storm water will drain from the back of the property through the side and front of the property, directly to the abutting street or to an approved drainage facility as approved by the City Engineer. WATER QUALITY AND NPDES 23. The Applicant shall comply with the Regional Water Quality Control Board Order R9-2007-0001 and the Chula Vista Standard Urban Storm Water Mitigation Plan (SUSMP) both as may be amended from time to time. 24. The Applicant shall enter into a Storm Water Management Facilities Maintenance Agreement with Grant of Access and Covenants with the City of Chula Vista before the approval of improvement plans and the issuance of a construction permit. 25. The Applicant shall submit a Drainage Study and a Water Quality Technical Report (WQTR) with the first submittal of grading and/or improvement plans for the site The technical reports shall be updated to reflect the conditions of the site and shall be approved by the City Engineer before the issuance of any grading or construction permit. PUBLIC IMPROVEMENTS & RlGHT-OF-WAY 26. The Applicant shall process and obtain from the City Engineer a construction permit before the issuance of a building permit. 27. The Applicant shall dedicate to the City of Chula Vista the following right-of-way before the issuance of a construction permit for the site: . 6' of right-of-way along Faivre Street . 2' ofright-of-way along Broadway . Right-of-way at the comer of 27th Street & Faivre Street, and at the comer of Broadway & Faivre Street, so the pedestrian ramps will be within the City's jurisdiction. The geometry of the right-of-way shall be determined and dedicated to the City to the satisfaction of the City Engineer. 8-70 City Council Resolution No. 2009- Page 9 28. The Applicant shall process and obtain the approval from the City Engineer of improvement plans in conformance with the City's Subdivision Manual before the issuance of any building permits. The improvement plans shall include: . Public improvements within Broadway, Faivre Street and 27th Street. Said improvements shall include, but not be limited to: asphalt concrete pavement, base, concrete curb, gutter and sidewalk, drainage facilities, signs, striping, landscaping, irrigation, and fire hydrants, all to the satisfaction of the City Engineer. In addition, street improvements shall be designed and constructed at the ultimate location for the width of Broadway, Faivre Street and 27th Street (the width of the right-of-way for Broadway shall be 104' with 8' sidewalk; for Faivre Street, the right-of-way shall be 72'; and for 27th Street the right-of-way shall be 40' with a 6" curb Type B-1 along the existing property line of the subject project). . Installation of all driveways along all public streets shall meet the City of Chula Vista Design Standards and ADA Requirements. . Applicant shall secure in accordance with Section 18.16.220 of the Municipal Code, the construction of full street improvements prior to the issuance of a construction permit. Said improvements shall include, but not be limited to: asphalt concrete pavement, base, concrete curb, gutter and sidewalk, drainage facilities, signs, striping, landscaping, irrigation, and fire hydrants, all to the satisfaction of the City Engineer. Fire Department 29. The Applicant shall provide a Knox Vault at the main entrance to the building and to the fire control room. 30. Prior to occupancy, the building shall be addressed in accordance with the following criteria: . 0-50 ft. from the building to the face of the curb=6-inches in height with a 2- inch stroke. . 51-ISO ft. from the building to the face of the curb= lO-inches in height with a I Yo-inch stroke. . 151 ft. from the building to the face of the curb= 16-inches in height with a 2- inch stroke. 31. The building permit plans shall demonstrate a fire flow of 3,250 gallorls per minute for 3-hour duration. 32. The Applicant shall provide a water flow letter from the applicable water agency having jurisdiction indicating the fire flow is available to serve this project. 8-71 City Council Resolution No. 2009- Page 10 33. The Applicant shall provide a water supply analysis to the Fire Department for review and approval. 34. The Applicant shall provide fire hydrants no greater than 300 feet apart for commercial properties. 35. The project shall be protected by an approved automatic fire sprinkler system (NFPA 13, system, 13R, 13D System), and an approved fire alarm system (fire flow monitoring). II. The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 36. The Applicant shall install and maintain all landscaping and hardscape improvements in accordance with the approved landscape plan to the satisfaction of the Development Services Director. 37. The conditions of approval for this Conditional Use Permit and Design Review shall be applied to the subject property until such time approval is revoked, and the existence of this approval with conditions shall be recorded with the title of the property. 38. Approval of this request shall not waive compliance with all sections of Title 19 of the Municipal Code, and all other applicable City Ordinances in effect at the time of building permit issuance. 39. The Property OViiler and Applicant shall and do agree to indemnify, protect, defend and hold harmless City, its City Council members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit and (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated on the Project Site. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Conditional Use Permit where indicated below. The Property Owner's and Applicant's compliance with this provision shall be binding on any and all of the Property Owner's and Applicant's successors and assigns. 40. This Conditional Use Permit and Design Review shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. 8-72 City Council Resolution No. 2009- Page II III. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document signing on the lines provided below, indicating that the Property Owner and Applicant have each read, understood and agreed to the conditions contained herein, and wilt implement same. Upon execution, this document shall be recorded with the County Recorder of the County of San Diego, at the sole expense of the Property Owner and/or Applicant, and a signed, stamped copy returned to the City's Development Services Department. Failure to return the signed and stamped copy of this recorded document within 10 days of recordation shall indicate the Property Owner/Applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Signature of Property Owner Date Signature of Applicant Date F. CONFORtvlANCE WITH CITY DESIGN MANUAL The City Council does hereby find that the Project is in conformance with the City of Chula Vista Design Manual, Landscape Manual and the requirements of the Zoning Ordinance. G. GOVEfu'iivlENT CODE SECTION 66020(d)(l) NOTICE Pursuant to Government Code Section 66020( d) (I), NOTICE IS HEREB Y GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, review, set aside, void or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with this project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. H. 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, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. 8-73 City Council Resolution No. 2009- Page 12 BE IT FURTHER RESOLVED that the Chula Vista City Council does hereby: 1) Adopt Mitigated Negative Declaration (IS-08-006); 2) Approve Conditional Use Permit (PCC-08-008), subject to conditions listed above; and 3) Approve Design Review Permit (DRC-08-14), subject to conditions listed above, for the construction of a 14,105-square foot building and associated site improvements for the establishment of a recycling center at 1778 Broadway. Presented by: Approved as to form by: Jim Sandoval City Manager 8-74 ORDINANCE NO. 2009- - ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAPS ESTABLISHED BY MUNICIPAL CODE SECTION 19.18.010 BY REZONING THE 0.88-ACRE PARCEL LOCATED AT 1778 BROADWAY FROM THE COMMERCIAL THOROUGHFARE WITH PRECISE PLAN (CT-P) ZONE TO LIMITED INDUSTRIAL WITH PRECISE PLAN (IL-P) ZONE RECITALS A. Project Site WHEREAS, the parcel, which is the subject matter of this ordinance, is represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description is located at 1778 Broadway, Chula Vista; and B. Project; Application for Discretionary Approval WHEREAS, on November 21, 2007 a duly verified application for a Rezone (PCZ-08- 01), a Conditional Use Permit (PCC-08-008), and Design Review Permit (DRC-08-14) was filed with the City of Chula Vista on behalf of Latif Zoura ("Applicant") to enable the development of a 14,1 OS-square foot, one story building and associated site improvements for the establishment of a recycling center at 1778 Broadway ("Project"); and WHEREAS, an Initial Study conducted by the City of Chula Vista Environmental Review Coordinator determined that the proposed project may have potentially significant environmental impacts, however, mitigation measures have been incorporated into the project to reduce these impacts to a less than significant level. Thus Mitigated Negative Declaration (IS-08-006) has been prepared in accordance with Section 15070 of the State of California Environmental Quality Act (CEQA) guidelines; and WHEREAS, on May 26, 2009, the City Council adopted Mitigated Negative Declaration (IS-08-006) for the Project; and C. Planning Commission and Chula Vista Redevelopment Corporation Record on Application WHEREAS, the Planning Commission set the time and place for an advertised public hearing on said project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property o"mers within 500 feet of the exterior boundary of the project, at least ten (10) days prior to the hearing; and WHEREAS, the Planning Commission held an advertised public hearing on the project on May 13, 2009, at 6 p.m. in the City Council Chambers at 276 Fourth Avenue, and after hearing staff presentation and public testimony, voted 6-0-0-1 to recommend that the City Council approve the Rezone, in accordance with the findings listed below; and 8-75 Ordinance No. Page 2 WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on this project held on May 13, 2009, and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding; and WHEREAS, the Chula Vista Redevelopment Corporation held an advertised public hearing on this Project on May 14,2009, at 6 p.m. in the City Council Chambers at 276 Fourth A venue, and after hearing staff presentation and public testimony, voted 5-0-0-1 to recommend that the City Council approve the Rezone, in accordance \Vith the findings listed below; and WHEREAS, the proceedings and all evidence introduced on this Project before the Chula Vista Redevelopment Corporation at their public hearing held on May 14, 2009, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding; and D. City Council Record on Application WHEREAS, a duly called and noticed public hearing on the Rezone was held before the City Council of the City of Chula Vista to receive the recommendations of the Planning Commission and the Chula Vista Redevelopment Corporation, and to hear public testimony with regard to the same; and WHEREAS, the City Council held an advertised public hearing on the project on May 26, 2009, at 6:00 p.m. in the Council Chambers at 276 Fourth Avenue and heard the staff presentation and public testimony. NOW, THEREFORE, BE IT ORDAINED that the City Council does hereby find and determine as follows: Discretionary Approval and Ordinance A. REZONE The rezoning provided for herein is consistent with the City of Chula Vista General Plan, public necessity, convenience and the general welfare and good zoning practice support the amendments to the Municipal Code. The proposed IL-P zone would provide an implementing zone for the existing Limited Industrial (IL) designation of the City's 2005 General Plan, and will contribute to the public convenience and general welfare by further assisting the City's efforts to satisfy the goals and objectives of the General Plan Land Use and Transportation (LUT) Policy 45.6 for this area and the goals and objectives of the Amended and Restated Redevelopment Plan (2004) regarding the removal of blight and physical improvement to this area of the redevelopment project area. 8-76 Ordinance No. Page 3 BE IT FURTHER ORDAINED that the City Council of the City of Chula Vista does hereby approve the following: A. The rezone of the 0.88-acre site from CT-P to [L-P. The City of Chula Vista Zoning Map established by Section 19.18.010 of the Chula Vista Municipal Code is hereby amended to rezone the site as depicted in Exhibit "B" from CT -P to [L- P. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its second reading. Presented by: Approved as to form by I , Jim Sandoval City Manager 8-77 f J or. ~ o L ~ . .. I 11 1 I I I I I I r-r--i EXHIBIT A 011111[1] 1111I1111 I o I PROJECT lOCA1Uj~ Main 5t Faivre St Vi E r-. I CHULA VISTA PLANNING AND BUILDING DE PARTM ENT I LOCATOR PROJE'""I PROJECT DESCRIPTiON: C) APPUCANT: Broadway Recycling Center DESIGN REViEW PROJECT 1778 Broadway Project Summary: Proposing a new one story, 14,105 Sq. Fl AQOP.E.SS: Recycling center. SCALE; FILE HUMBER: NORTH No Scale DRC-08-1-i Relatod czses: I~06. PCZ.(J8-()1, PCC-J8-()bs L:\Gabe FiieslJcc:a:ors\Cr.:.J814.c:::r ".29.07 8-78 JJ ,"-I I mIB EEEEmEB ' D B3lm -1 T I I. IITI ITllfTl ITIT t? II nH Z 1IB8 ~ rrm~ 111~q - l~~i~ ~~ q ~ '~~U;;;t ~" i TTTTTTTTTII' U , ;- I w.JJ..J.J..h).!J ~ r] t ~I~- -" I ::::---- ~ CJ (I 1- ~~ lJ l.SS\fAlIS I ~i l ~ I L-l , i I ! 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