Loading...
HomeMy WebLinkAboutPlanning Comm Reports/1988/12/14 AGENDA City Planning Commission Chula Vista, California Wednesday, December 14, 1988 - 7:00 p.m. City Council Chambers PLEDGE OF ALLEGIANCE INTRODUCTORY REMARKS APPROVAL OF MINUTES - Meeting of November 9, 1988 ORAL COMMUNICATIONS Opportunity for members of the public to speak to the Planning Commission on any subject matter within the Commission's jurisdiction but not an item on today's agenda. Each speaker's presentation may not exceed five minutes. 1. PUBLIC HEARING: PCA-89-3: Consideration of amendments to Titles 17 and 19 of the Municipal Code relating to off-site advertising signs (Continued) 2. PUBLIC HEARING: Conditional Use Permit PCC-89-8M: Consideration of an appeal of the Zoning Administrator denial to increase the height of an accessory garage from 12 to 23 feet located at 1130 Twin Oaks Avenue Cora Cook 3. PUBLIC HEARING: PCS-89-3: Consideration of tentative subdivision map for Ladera Villas, Chula Vista Tract 89-3 Ladera Villas Development OTHER BUSINESS DIRECTOR'S REPORT COMMISSION COMMENTS ADJOURNMENT AT p.m. to the Regular Business Meeting of January 11, 1989 at 7:00 p.m. in the Council Chambers City Planning Commission Agenda Items for Meeting of December 14, 1988 Page 1 1. PUBLIC HEARING: Various Amendments to Titles 17 and 19 of the Municipal Code relating to off-site advertising signs A. HISTORY 1. At the request of the City Council, staff has prepared various revisions to the sign provisions of the Municipal Code relating to off-site advertising signs (billboards). This effort is intended to promote the goals and objectives of the General Plan as well as to assure necessary First Amendment rights of the U.S. Constitution. 2. On September 14, 1971, the City Council, adopted Ordinance No. 1360, which prohibited billboards throughout the city and provided an amortization schedule for their removal without compensation. 3. Since 1971, various cities have adopted sign ordinances that limit or prohibit the installation of off-site advertising signs. A few of these ordinances have been tested through litigation with varying results. Most notable has been the City of San Diego Sign Ordinance (Metromedia, Inc. vs. the City of San Diego). In 1981, the U.S. Supreme Court found that the City of San Diego's comprehensive billboard ordinance, which prohibited billboards, resulted in a violation of first amendment rights (U.S. Constitutional guarantee of free speech) by providing greater protection for commercial signs than for non-commercial signs. The judicial system, however, has consistently supported a City's police power to regulate signs on the basis of aesthetic considerations and traffic safety provided that first amendment rights are protected. 4. The State of California Department of Transportation has had the responsibility for regulating billboards located along the State's freeways since adoption of the Billboard Control Act of 1933. In 1965, the United States Congress enacted the Federal Highway Beautification Act, which required individual states to enact legislation governing freeway-oriented billboards. In 1970, California passed the Outdoor Advertising Act which established a buffer zone of 660 feet where off-site advertising signs (billboards) cannot occur if the freeway is officially designated as a "landscaped freeway." An amendment to the Act in 1982 requires that compensation be paid for the compelled removal of any offsite advertising signs (freeway-oriented or otherwise) that were existing prior to November 6, 1978. City Planning Commission Agenda Items for Meeting of December 14, 1988 Page 2 B. ENVIRONMENTAL REVIEW An Initial Study, IS-89-28, of possible adverse environmental impacts of the proposed amendments was conducted, and the Environmental Review Coordinator concluded that there would be no significant effects and recommended adoption of the Negative Declaration and Addendum. C. RECOMMENDATION 1. Adopt Negative Declaration IS-89-28 and Addendum. 2. Adopt a motion recommending that the City Council enact an ordinance amending the Municipal Code as shown on Exhibit A attached hereto. D. DISCUSSION Part IV of the City's present General Plan Text (adopted in 1970 and currently under revision) discusses how the City plans to implement the General Plan by the adoption of new zoning regulations. Among the provisions discussed is a statement that billboards are unnecessary in Chula Vista and are essentially prohibited. The General Plan text is presently being revised to assure consistency with Code amendments proposed herein. Chapter 17.04 of the Municipal Code, Outdoor Advertising, presently prohibits the installation of outdoor advertising structures Ibillboards) throughout the entire City. The present code requirements, adopted in 1971, also provide an amortization period for the removal of existing non-conforming billboards without compensation. In 1982, the California Legislature enacted into law Section 5412 of the Business and Professions Code (see attached Exhibit B) which made the compelled removal of any offsite outdoor advertising structures in a city or county subject to the payment of compensation to the owners of a sign and the property on which the sign is located. The use of amortization periods for the abatement of non-conforming outdoor advertising signs located in commercial or industrial zones is no longer a valid exercise of a City's police power. The signs located within residential or agricultural zones may be compelled to be removed without compensation subject to the amortization schedule contained in Section 5412.1 and 5412.2 of the California Business and Professions Code (see attached Exhibit C). None of the above requirements affect onsite signs. Offsite outdoor advertising structures are an aesthetically undesirable feature along the City's roadways. Many existing offsite sign structures are large and imposing features blocking or disrupting views and infringing on the aesthetics of pleasing architecture. The City Council has recognized this since the adoption of Title 17.04 in 1971. The purpose of the proposed repeal of Title 17 is to eliminate the amortization schedule and process (found to be no longer enforceable since the adoption of Section 5412 of the California Business and Professions Code in 1982). City Planning Commission Agenda Items for Meeting of December 14, 1988 Page 3 Offsite outdoor advertising structures contribute to traffic safety hazards as well as visual blight within commercial and residential areas. There is a demonstrated need for on-site commercial identification to direct the traveling public to a particular business location and by providing this identification it enables customers to get off the often congested thoroughfares sooner without the disruption that can occur when a driver has difficulty finding a business or other destination. Offsite advertising signs, however, do not provide this necessary site identification, but rather are designed to attract the driver's attention or occupants of a vehicle to convey a message that has little or no bearing on where the driver is headed. This distraction can result in a driver's lack of concentration at a time when a myriad of traffic safety signs must be dealt with as well as pedestrians and other vehicles on or adjacent to the public roadway. The economic viability and overall quality of a commercial area can be adversely impacted by the allowance of offsite outdoor advertising structures. The desirability of locating commercial interests where onsite identification has high visibility is reduced where offsite advertising structures partially, or in some cases, completely obscure or compete with the business identification for prospective patrons. Offsite advertising signs presently located within the recently-annexed Montgomery Community will be brought under the purview of Title 19 (Zoning Ordinance) of the Chula Vista Municipal Code upon the adoption of zoning intended to implement the Montgomery Specific Plan. The transitional rezoning efforts from the present County of San Diego zoning to the City of Chula Vista zoning will result in the deletion of zones which permit offsite advertising signs. Offsite advertising signs located within the Montgomery Community will become non-conforming and subject to modification or abatement. In addition to the repeal of Title 17.04, staff is recommending that non-commercial messages be permitted on signs wherever commercial messages are permitted to protect first amendment (freedom of speech) constitutional rights. E. PROPOSED MODIFICATIONS The following Municipal Code modifications are proposed (see attached Exhibit A): 1. Chapter 17.04, OUTDOOR ADVERTISING, is being repealed due to changes in State law which make provisions for amortization of commercial offsite signs within this chapter illegal. 2. Definitions are proposed to be added to Title 19 for "onsite" and "offsite" advertising signs for clarification. City Planning Commission Agenda Items for Meeting of December 14, 1988 Page 4 3. A provision permitting non-commercial sign messages wherever commercial sign messages are now permitted is proposed. 4. A provision for amortizing non-conforming offsite signs located within residential and agricultural zones is proposed. Amortization of non-conforming offsite signs in these zones is permitted by State law. The affect of the above would be to preclude commercial sign messages offsite or most traditional oversized billboard structures. WPC 4877P EXHIBIT A OFFSITE ADVERTISING AMENDMENTS TO TITLE 17 AND 19 OF THE CHULA VISTA MUNICIPAL CODE The Chula Vista Municipal Code is hereby amended by repealing Chapter 17.04 in its entirety as follows: f~ I A~ I~44~d~ I ~ II~l~N ~ I~I ~I ~ II ~I I ~ I ~ I ~I ~ I ~ -3- -5- The Chula Vista Municipal Code is hereby amended by modifying Section 19.04.222 and adding 19.04.251 as follows: Section 19.04.222 Sign, business or onsite advertising. "Business sign" or %nsite advertising sign" (used synonymously in this code) means a sign which directs attention to a business, profession, commodity, service or entertainment conducted or manufactured upon the same lot. A sign advertising a particular product or line of products sold on the premises, but not constituting the principal activity of the establishment may be included, provided that not more than fifty percent of the area of the sign is devoted to such advertising. Section 19.04.251 Sign, offsite advertising. "Offsite advertising sign" means a freestanding sign whose sponsor does not maintain offices and/or provide services at the site of the sign. The Chula Vista Municipal Code is hereby amended by adding Section 19.60.590 as follows: Section 19.60.590 Non-commercial Signs. Notwithstanding any other provisions of this title, any sign sponsor may allocate any sign area authorized by this title to a non-commercial message. The Chula Vista Municipal Code is hereby amended by adding Section 19.60.Il1 as follows: Section 19.60.111 Nonconforming signs-offsite advertising displays located in residential or agricultural zones-amortization period. All offsite advertising display signs which are located in residential or agricultural zones wherein they are not permitted shall be construed as non-conforming offsite advertising displays. It is the intent of this section to allow such non-conforming offsite advertising display signs to be continued or maintained for a reasonable period of time in order to amortize the investment in such signs. The amortization schedule shall conform to Sections 5412.1 and 5412.2 of the California Business and Professions Code. WPC 4870P -6- EXHIBIT B BUSINESS AND PROFESSIONS CODE § 5412 Note 2 § 5411. Repealed by Stats. 1983, c. 653, § 16 § 5412. Displays; removal or limitation of use; compensation; application of section; reloca- tion NotvAthstending any other provision of this chapter, no advertising display which was lawfully erected anywhere within this state shah be compelled to be removed, nor shall its customary maintenance or use he limited, whether or not the removal or limitation is pursuant to or because of this chapter or any other ]aw, ordinance, or regulation of any governmental entity, without payment of compensation, as defined in the Eminent Domain Law (Title 7 (commencing with Section 1230.010) of Part 3 of the Code of Civil Procedure), except as provided in Sections 5412.1, 5412.2, and 5412.3. The compensation shah be paid to the owner or owners of the advertising display and the owner or owners of the land upon which the display is located. This section applies te all displays which were lawfully erected in compliance with state laws and local ordinances in effect when the displays were erected if the displays were in existence on November 6, 1978, or lawfully erected after November 6, 1978, regardless of whether the displays have become nonconforming or have been provided an amortization period. This section does not apply to on-premise displays as specified in Section 5~72 or to displays which are relocated by mutual agreement between the display owner and the local entity. "Relocation," as used in this section, includes removal of a display and construction of a new display to substitute for the display removed~ It is a policy of this state to encourage local entities and display owners to enter into relocation agreements which allow local entities to continue development in a planned manner without expenditure of public funds while allowing the continued maintenance of private investment and a medium of public communication. Cities, counties, cities and counties, and all other local entities are specifically empewercd to enter into relocation agreements on whatever terms are agreeable to the display owner and the city, county, city and county, or other local entity~ and to adopt ordinances or resolutions providing for relocation of displays. (Added by Stats.1982, c. 494, p. 2112, § 4. Amended by Stats.1984, c. 554, § 1.) EXHIBIT C § 5412.1. Removal without compensation; displays on residential zoned property; requirements; adjustments A city, county, or city and county, whose ordinances or regulations are otherwise in full compliance with Section 5412, is not in violation of that section if the entity elects to require the removal without compensation of any display which meets all the following requirements: (al The display is located within an area shown as residential on a local general plan as of either the date an ordinance or regulation is enacted or becomes applicable to the area which incorporates the provisions of this section. (b) The display is located within an area zoned for residential use either on the date on which the removal requirement is adopted or becomes applicable to the area. (c) The display is not located within 660 feet from the edge of the right-of-way of an interstate or primary highway with its copy visible from the highway, nor is placed or maintained beyond 660 feet from the edge of the right-of-way of an interstate or primary highway with the purpose of its message being read from the main traveled way. (d) The display is not required to be removed because of an overlay zone, combining zone, or any other special zoning district whose primary purpose is the removal or control of signs. e The display is allowed to remain in existence for the period of time set forth below after the enactment or amendment after January 1, 1983, of any ordinance or regulation necessary to bring the e~tity requiring removal into compliance with Section 5412 and after giving notice of the removal reqmrement: Fair Market Value on Date of Notice Minimum Years of Removal Requirement Allowed Under $1,999 .................................................................. 2 $ 2,000 to $3,999 ................................................................. 3 $ 4,000 to $5,999 ................................................................. 4 $ 6,000 to $7,999 ................................................................. 5 $ 8,000 to $9,999 ................................................................. 6 $10,000 and over ................................................................. 7 The amounts provided in this section shall be adjusted each January 1 after January 1, 1983, in accordance with the changes in building costs, as indicated in the United States Department of Commerce Composite Cost Index for Construction Costs. (Added by Stats.1982, c. 494, p. 2113, § 5.) § 5412.2. Removal without compensation; displays on incorporated agricultural areas; require- ments; adjustments A city or city and county, whose ordinances or regulations are otherwise in full compliance with Section 5412, is not in violation of that section if the entity elects to require the removal ~vithout compensation of any display which meets all the following requirements: (al The display is located within an incorporated area shown as agricultural on a local general plan as of either the date an ordinance or regulation is enacted or becomes applicable to the area which incorporates the provisions of this section. (b) The display is located within an area zoned for agricultural use either on the dale on which the removal requirement is adopted or becomes applicable to the area. (c) The display is not located within 660 feet from the edge of the right-of-way of an interstate or primary highway with its copy visible from the highway, nor is placed or maintained beyond 660 feet from the edge of the right-of-way of an interstate or primary highway with the purpoze of its message being read from the main traveled way. (d) The display is not required to be removed because of an overlay zone, combining zone, or any other special zoning district whose primary purpose is the removal or control of signs. (el The display is allowed to remain in existence for the period of time set forth below after the enactment or amendment after January 1, 1983, of any ordinance or regulation necessary to bring the entity requiring removal into compliance with Section 5412, and after giving notice of the removal requirement: Fair Market Value on Date of Notice Minimum Years of Removal Requirement Allowed Under $1,999 ............................... $ 2,000 to $3,999 ................................................................. 3 $ 4,000 to $5,999 .......................... ........................................ 4 $ 6,000 to $7,999 ................ $ 8,000 to $9,999 ................... $10,000 and over ........... 7 The amounts provided in this section shall be adjusted each January 1 after January 1, 1983, in accordance with the changes in building costs as indicated in the United S~ates Department of Commerce Compos'te Cos1 I ~dex for Construction Costs. (Added by Stats.1982, c. 494, p. 2113, § 6.) ADDENDUM TO IS-89-28 FINDINGS REGARDING THE ADEQUACY OF NEGATIVE DECLARATION IS-89-28 A. BACKGROUND The Environmental Review procedures of the City of Chula Vista provide that the Environmental Review Coordinator shall review any significant project revisions to assure that there will be no potential for significant environmental impacts which have not been previously evaluated in a Negative Declaration or Environmental Impact Report. If the ERC finds that a proposed project is essentially the same in terms of impact or circumstances under which the project is to be undertaken, the ERC may recommend that a previously prepared ND/IS or EIR be utilized as the environmental document for the project. Previous Project The previous project evaluated in IS-89-28 on October 19, 1988, involved the repeal of Chapter 17.04 of the Municipal Code relating to offsite advertising and added provisions in Title 19 for allowing offsite advertising structures in the I-L zone subject to size and locational standards as well as provisions for non-commercial sign messages. Proposed Project The proposed project has been revised by deleting proposed revisions to Chapter 19 allowing offsite advertising signs in the I-L zone. B. ANALYSIS Since the Code amendments now proposed involve the deletion of Chapter 17.04 and minor amendments to Title 19 permitting non-commercial messages anywhere commercial sign messages are allowed, there will be no potential for significant environmental impacts which have not been previously evaluated in IS-89-28. C. CONCLUSION Pursuant to Section 15162 of the Guidelines for implementation of the California Environmental Quality Act and based upon the above discussion, I hereby find that the proposed revisions to the proposed Municipal Code Amendments will result in the same or less impacts as the previous amendments and recommend that the Planning Commission and City Council adopt this addendum and Negative Declaration IS-89-28 prior to taking action on the project. DOUGLA~/_~;_~[ID ENVIRONMENTAL REVIEW COORDINATOR WPC 5751P negative declaration PROJECT NAME: Municipal Code Amendments to Titles 17 and 19 relating to off-site advertising PROJECT LOCATION: Not site specific PROJECT APPLICANT: City of Chula Vista CASE NO: IS-89-28 DATE: October 19, 1988 A. Project Setting The Municipal Code presently considers existing off-site advertising signs non-conforming in all zones throughout the City. The proposed amendments to the Code will provide for off-site advertising signs within the I-L (Limited Industrial) zone subject to size and location standards. In addition, wherever commercial messages are permitted in the City, non-commercial messages will be permitted in lieu thereof. B. Project ~escription OFFSITE ADVERTISING AMENDMENTS TO TITLE 17 AND 19 OF THE CHULA VISTA MUNICIPAL CODE The Chula Vista Hunicipal Code is hereby amended by repealing Chapter 17.04 in its entirety an~ adding the following to Title 19: Section 19.04.222 Sign, business or onsite advertising. "Business sign" or "onsite advertising sign" (used synonymously in this code) means a sign which ~%$~$/ directs attention to a business, profession, commodity, service or entertainment conducted or manufactured upon the same lot. A sign advertising a particular product or line of products sold on the premises, but not constituting the principal activity of the establishment may be included, provided that not more than fifty percent of the area of the sign is devoteo to such advertising. Section 19.04.251 Sign, offsite advertising "Offsite advertising sign" means a freestanding sign whose sponsor does not maintain offices an~/or provide services at the site of the sign. city of chula vista planning department CI1YOF environmental review section CHULA VISTA -2- Section 19.44.060 of the Chula Vista Municipal Code is hereby amended by modifying Subsection A as follows: I-L Limited Industrial Zone 19.44.060 Sign Regulations See Sections 19.60.020 and 19.60.030 for permit requirement and approval procedure. A. Types of signs allowed: Business ~wall and/or marquee and a freestanding sign) and/or offsite advertising sign~ subject to the following: 1. Wall and/or marquee: Each business shall be allowed a combined sign area of one square foot per lineal foot of building frontage facing a dedicated street or alley; however, the sign area may be increased to a maximum of three square feet per lineal foot of building frontage provided that the sign does not exceed fifty percent of the background area on which the sign is applied as set forth in Section 19.60.250. Each business shall also be allowed signs facing on-site parking areas for five cars or more and walkways ten feet or more in width. Such signs shall be allowed an area of one square foot per lineal foot of building frontage facing said area; however, the area may be increased to two square feet per lineal foot of building frontage provided that the sign does not exceed fifty percent of the background area on which the sign is applied as set forth in Section 19.60.250. The maximum sign area shall not exceed one hundred square feet; 2. Freestanding /pole): Each lot shall be allowed one freestanding sign leither onsite or offsite advertising) subject to the following: a. Signs are restricted to those lots having a minimum frontage of one hundred feet on a dedicated street. In the case of corner lots only one frontage shall be counted. b. The sign may contain one square foot of area for each lineal foot of street frontage but shall not exceed one hundred fifty square feet. In the case of corner lots or through lots, only the frontage the sign is oriented to shall be counted toward the allowable sign area. c. ~iaximum height, thirty-five feet. d. Minimum ground clearance, eight feet. e. The sign shall not be permitted to project into the public ri ght-of-way. f. The sign shall maintain a tuenty-foot setback from all interior property lines /offsite advertising signs shall maintain a 100 ft. setback from any residential zone). g. ~r'eestanding pole signs less than eight feet in height are restricted to a maximum area of twelve square feet and shall maintain a minimum setback of five feet from all streets. city of chula vleta planning department environmental review lectlon [HULAVISTA -3- h. Only the name of the complex and four tenant signs, or a total of five tenant signs may be displayed on the sign. Where the pole sign is used to identify the name of the complex or the major tenant, the sign ~ll may be designed to identify all proposed tenants up to the maximum number allowed herein. The minimum sign area allocated for each tenant shall be not less than ten square feet. 3. Ground Imonument): A low-profile ground sign may be used in lieu of a freestanding pole sign. The sign shall be subject to the following: a. Maximum height, eight feet. b. Maximum sign area, fifty square feet. c. The sign shall maintain a minimum setback of five feet from all streets and ten feet from all interior property lines. d. The sign structure shall be designed to be architecturally compatible with the main building and constructed with the same or similar materials. Where the ~l~ ground sign is used to identify the name of the complex or the major tenant, the sign ~ll may be designed to identify all proposed tenants up to the maximum number allowed herein. The minimum sign area allocated for each tenant shall be not less than ten square feet. The Chula Vista Municipal Code is hereby amended by adding Section 19.60.590 as follows: Section 19.60.590 Non-commercial Signs. Notwithstanding any .other provisions of this title, any sign sponsor may allocate a sign area authorized by this title to a non-commercial message. The Chula Vista Iqunicipal Code is hereby amended by adding Section 19.60.Il1 as follows: Section 19.60.111 ~onconforming signs-offsite advertising displays located in residential or agricultural zones-amortization period. All offsite advertising display signs which are located in residential or agricultural zones wherein they are not permitted shall be construed as non-conforn~in9 offsite advertising displays. It is the intent of this section to allcw such non-confo,rming offsite advertising display signs to be continued or maintained for a reasonable period of time in order to amortize the investment in such signs. The amortization schedule shall conform to Sections 5412.1 and 5412.2 of the California Business and Professions Co~e. //// - Delete - Add city of chula vista planning department '~ environmental review lection. (:HULA VISTA -4- C. Compatibility with Zoning and Plans This project involves a zoning text amendment and therefore, will be compatible with Title 19 (Zoning Ordinance). The allowance of off-site advertising within the I-L zone is compatible with the current draft update of the General Plan. D. Compliance with the Threshold/Standards Policy The project involves municipal code amendments and is not site specific, therefore, will not impact the thresholds/standards policy established by the City. E. Identification of Environmental Effects The limitation of off-site advertising structures to those standards outlined for permitted freestanding signs within the I-L zone will assure that no significant adverse aesthetic impacts occur. G. Findings of Insignificant Impact 1. The project does not have a potential to degrade the quality of the environment or curtail the diversity of the environment. There are no significant adverse environmental effects associated with the proposed Municipal Code changes. 2. The project will not achieve short-term at the expense of long-term environmental goals. 3. The project will not result in potential cumulative adverse environmental impacts if compliance with proposed code standards occur. No significant environmental impacts will result with the adoption of the Code amendments. 4. The project does not have environmental impacts which will cause substantial adverse effects on human beings, either Oirectly or indirectly. H. Consultation 1. Individuals and Organizations City of Chula Vista: Julie Schi)ling, Assistant Planner Roger Daoust, Senior Civil Engineer Ken Larsen, Director of Building and Mousing Carol Gove, Fire Harshal Hal Rosenberg, Traffic Engineer Applicant's Agent: Duane Bazzel, Associate Planner city of Chula viata ptannlng department (::IrOF environmental review Ilction -5- 2. Documents Chula Vista Nunicipal Code This determination, that the project will not have any significant environmental impact, is based on the attached Initial Study, any comments on the Initial Study and any comments on this Negative Declaration. Further information regarding the environmental review of the project is available from the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 92010. ENVIRON~NTAL REVIEW COORDINATOR EN 6 (Rev. 3/88) WPC 5611P city of chula vista planning department CITYO~ environmental review lection . (::HUL~ VI~'I-A FOR OFFICE USE Case No._/_~_ _~_ Fee INITIAL STUDY Receipt No._.. Da te Rec ' d City of Chula Vista Accepted b~ Application Form Project No. A. BACKGROUND 1. PROJECT TITLE OF-~-~iT~ 2. PROJECT LOCATION /Street address or description) Assessors Book, Page & Parcel No. 3. BRIEF PROJECT DESCRIPTION 4. Name of Applicant ol-P¢ OF C-H~L~N Address $~, F-~x~ AV~J-IL~-. Phone City ~ u~ State ~. Zip 5. Name of Preparer/Agent ~u~ ~. ~ ] ~~ Address ~ ~m~ Aw~u~ Phone ~-~ol City ~ ~s~ State ~. Zip Relation to Applicant 6. Indicate all permits or approvals and enclosures or documents required by the Environmental Review Coordinator. a. Permits or approvals required: General Plan Revision Design Review Committee Public Project Rezoning/Prezoning Tentative Subd. Map Annexation Precise Plan Grading Permit " Design Review Board Specific Plan Tentative Parcel Map Redevelopment Agency Cond. Use Permit '' Site Plan & Arch. Review' Variance ]~ Other ~m~=~A~ ~ b. Enclosures or documents (as required by the Environmental Review Coordinator). Location Map Arch. Elevations Eng. Geology Report Grading Plan 'Landscape Plans Hydrological Study Site Plan Photos of Site & ~ Biological Study Parcel Map -' Setting ~Archaeological Survey Precise Plan Tentative Subd. Map Noise Assessment Specific Plan Improvement Plans Traffic Impact Report ~Other ~gency Permit or Soils Report Other Approvals Required (Rev. ]2/82) EXHIBIT A OFFSITE ADVERTISING AMENDMENTS TO TITLE 17 AND 19 OF THE CHULA VISTA MUNICIPAL CODE The Chula Vista Municipal Code is hereby amended by repealing Chapter 17.04 in its entirety as follows: ~¢ ~¢¢ ~1~/ / ~/ / / ~¢~ / / ~ / / ~¢ / / ~ / / ~ ~ ¢~¢~/ / ~¢ / / ~¢¢~ ¢ ~¢~/~//¢~¢/~/~¢~¢//¢~/~/¢¢/~/~~/~¢/ -3- -5- The Chula Vista Municipal Code is hereby amended by modifying Section 19.04.222 and adding 19.04.251 as follows: Section 19.04.222 Sign, business or onsite advertisinq. "Business sign" or "onsite advertising sign" (used synonymously in this code) means a sign ¥1hich 7~$~//a/C~F~i~Zi/F~/Jli~i/a~Q/~i~$~ ~$~/ directs attention to a business, profession, commodity, service or entertainment conducted or manufactured upon the same lot. A sign advertising a particular product or line of products sold on the premises, but not constituting the principal activity of the establishment may be included, provided that not more than fifty percent of the area of the sign is devoted to such advertising. Section 19.04,251 Sign, offsite advertising "Offsite advertising sign" means a freestanding sign whose sponsor does not maintain offices and/or provide services at the site of the sign, Section 19.44,060 of the Chula Vista Municipal Code is hereby amended by modifying Subsection A as follows: I-L Limited Industrial Zone 19.44.060 Sign Regulations See Sections 19.60,020 and 19.60.030 for permit requirement and approval procedure. A. Types of signs allowed: Business (wall and/or marquee and a freestanding sign) and/or offsite advertising signs subject to the following: 1. Wall and/or marquee: Each business shall be allowed a combined sign area of one square foot per lineal foot of building frontage facing a dedicated street or alley; however, the sign area may be increased to a maximum of three square feet per lineal foot of building frontage provided that the sign does not exceed fifty percent of the backmround area on ~nich the sign is applied as set forth in Section 19.60.2~0. Each business shall also be allowed signs facing on-site parking areas for five cars or more and walkways ten feet or more in width, Such signs shall be allowed an area of one square foot per lineal foot of building frontage facing said area; however, the area may be increasem to two square feet per lineal foot of building frontage provided that the sign does not exceed fifty percent of the background area cn ~lhicn the sign is applied as set forth in Section 19.60.250. The maximum sign area shall not exceed one hundred square feet; -6- 2. Freestanding (pole): Each lot shall be allowed one freestanding sign (either onsite or offsite advertising) subject to the following: a. Signs are restricted to those lots having a minimum frontage of one hundred feet on a dedicated street. In the case of corner lots only one frontage shall be counted. b. The sign may contain one square foot of area for each lineal foot of street frontage but shall not exceed one hundred fifty square feet. In the case of corner lots or through lots, only the frontage the sign is oriented to shall be counted toward the allowable sign area. c. Maximum height, thirty-five feet. d. ~linimum ground clearance, eight feet. e. The sign shall not be permitted to project into the public right-of-way. f. The sign shall maintain a twenty-foot setback from all interior property lines /offsite advertising signs shall maintain a 100 ft. setback from any residential zone). g. Freestanding pole signs less than eight feet in height are restricted to a maximum area of twelve square feet and shall maintain a minimum setback of five feet from all streets. h. Only the name of the complex and four tenant signs, or a total of five tenant signs may be displayed on the sign. Where the pole sign is used to identify the name of the complex or the major tenant, the sign ~ may be designed to identify all proposed tenants up to the maximum number allowed herein. The minimum sign area allocated for each tenant shall be not less than ten square feet. 3. Ground (monument): A low-profile ground sign may be used in lieu of a freestanding pole sign. The sign shall be subject to the following: a. Maximum height, eight feet. b. Maximum sign area, fifty square feet. c. The sign shall maintain a minimum setback of five feet from all streets and ten feet from all interior property lines. d. The simn structure shall be designed to be architecturally compatible with the main building and constructed with the same or similar materials. Where the ~l~ ground sign is used to identify the name of the complex or the major tenant, the sign $~ may be designed to identify all proposed tenants up to the maximum number allowed herein. The minimum sign area allocated for each tenant shall be not less than ten square feet. The Chula Vista Municipal Code is hereby amended by adding Section 19.60.590 as follow,s: Section 19.60.590 I~on-commercial Signs. l~otwithstandin§ any other provisions of this title, any sign sponsor may allocate a sign area auti~or~zed by this title to a non-commercial message. The Chula Vista Municipal Code is hereby amended by adding Section 19.60.Il1 as follows: Section 19.60.111 Nonconforming signs-offsite advertising displays located in residential or agricultural zones-amortization period. All offsite advertising display signs which are located in residential or agricultural zones ;~herein they are no~ permitted shall De construed as non-conforming offsite advertising displays. It is the intent of this section to allow such non-conforming offsite aovertising oisplay signs to be continued or maintained for a reasonable period of time in order to amortize the investment in such signs. The amortization scheoule shall conform to Sectionq 5412.1 and 5412.2 of the California Business and Professions Code, WPC 4870P -8- E. CERTIFICATION or Owner/owner in escrow* bonsu~tant or ~ent HEREBY AFFIRM, that to the best of my belief, the statements and information herein contained are in all respects true and correct and that all known information concerning the project and its setting have been included in Parts B, C and D of this application for an Initial Study of possible environmental impact and any enclosures for attachments thereto. *If acting for a corporation, include capacity and company name. -8- Case No. CITY DATA F. PLANNING DEPARTMENT 1. Current Zoning on site: North South ,, East ,, West Does the project conform to the current zoning? 2. General Plan land use designation on site: North South East West Is the project compatible with the General Plan Land Use Diagram? Is the project area designated for conservation or open space or adjacent to an area so designated? Is the project located adjacent to any scenic routes? (If yes, describe the design techniques being used to protect or enhance the scenic quality of Chula Vista.) How many acres of developed parkland are within the Park Service District of this project as shown in the Parks and Recreation Element of the General Plan? ~/~ What is the current park acreage requirements in the Park Service District? ~/~ How many acres of parkland are necessary to serve the proposed project? (2AC/lO00 pop.) ~/A Does the project site provide access ~o or have the potential to provide access to any mineral resource? (If so, describe in detail.) 3. Schools If the proposed project is residential, please complete the following: Current Current Students Generated School Attendance Capacity From Project Elementary Jr. High ~/~ Sr. High 4. Aesthetics Does the project contain features which could be construed to be at a variance from nearby features due to bulk, form, texture or color? IIf so, please describe.) ~ 5. Energy Consumption Provide the estimated consumption by the proposed project of the following sources: Electricity (per year) Natural Gas (per year) ~ater (per day) 6. Remarks: Director o~ Planning ~Representative Date - 10 - Case No. _T_5-~q-2& G. ENGINEERIl~G DEPARTMENT 1. Drainage a. Is the project site within a flood plain? ,~,.~ b. Will the project be subject to any existing flooding hazards? c. Will the project create any flooding hazards? ¢~. d. What is the location and description of existing on-site drainage facilities? /~/./~ e. Are they adequate to serve the project? _. f.What is the location and description of existing off-site drainage facilities? ii/.A g. Are they adequate to serve the project? 2. ~ransDortation a. What roads provide primary access to the project? b. ~hat is the estimated number of one-way auto trips to be generated by the project (per day)? c. What is the ADT and estimated level of service before and after project completion? Before After A.D.T. L.O.S. d. Are the primary access roads adequate to serve the project? ~f not, explain briefly. _ e. ;.lill it be necessary that additional dedication, widening and/or ~ i~provement be made to existing Streets? If so, specify the general nature of the necessary actions. -ll - 3. .Geology a. Is the project site subject to: Known or suspected fault hazards? Liquefaction? ' i Landslide or slippage? b. Is an engineering geology report ne~-essary to evaluate the project? 4. Soils a. Are there any anticipated adverse soil conditions on the project site? b. If yes, what are these adverse soil conditions? c. Is a soils report necessary? ~!~? 5. Land Form a. ~,.'hat is the average natural slope of the site? b. ~hat is the maximum natural slope of the site? i~,~.?-~- 6. I~oise Are there any traffic-related noise levels impacting the site that are significant enough to justify that a noise analysis be required of the applicant? ~, - 12 - Case No..~]]S _~C~_ 7. Air Ouality If there is any direct or indirect automobile usage associated with this project, complete the following: Total Vehicle Trips Emission Grams of (per day) Factor Pollution CO · X 118.3 : Hydrocarbons X 18.3 : ~Ox (~102) J X 20.0 : ~/ Particulates ~! ~ 1.5 : Sulfur r X .78 = V 8. waste Generation How much solid and liquid (sewage) waste will be generated by the proposed project per day? l?hat is the location and size of existing sewer lines on or adjacent to the site? Are they adequate to serve the proposed project? 9. Public Facilities/Resources Impact Zf the project could exceed the threshold of having any possible significant impact on the environment, please identify the public ~acilities/resources and/or hazards and describe the adverse impact. Include any potential to attain and/or exceed the capacity of any public street, sewer, culvert, etc. serving the project area.) Remarks/necessary mitigation measures 'C~:y £ng~/~er o~ Re~resen:a~ive - 13 - Case No. jj_~f~.z~z H. FIRE DEPART~iENT 1. What is the distance to the nearest fire station and what is the Fire Department's estimated reaction time? _~ 2. Will the Fire Department be able to provide an adequate level of fire protection for the proposed facility without an increase in equipment or personnel? ~ 3. Remarks. ~-~( -13(a)- H-1. PARKS & RECREATION DEPARTMENT 1. Are existing neighborhood and community parks near the project adequate to serve the population increase resulting from this project? Neighborhood Community parks 2. If not, are parkland dedications or other mitigation proposed as part of the project adequate to serve the population increase? Neighborhood Community parks ½-Y' .ri 3. Does this project exceed the Parks and Recreation Thresholds established by City Council policies? Parks and Recreation Director or Date Representative City Planning Commission Agenda Item for Meeting of December 14, 1988 Page 1 2. PUBLIC HEARING: Conditional Use Permit PCC-89-8M; request to appeal the Zoning Administrator's denial of a minor use permit to increase the maximum height of a detached garage from 12 feet to 2~ feet - Cora Cook A. BACKGROUND In the spring of 1988 the applicant Cora Cook was issued building permits to construct a two-car garage for accessory residential parking to serve an existing single-family dwelling at the front of ll30 Twin Oaks Avenue, and an accessory structure within the rear yard which the owner has obtained approval to convert to a second dwelling unit. When inspection of the accessory garage was made, it was noted that the structure under construction was taller and contained more square footage than what was shown on the plans. The applicant was directed to obtain approval of new building permits, which resulted in the requirement for approval of a minor use permit to allow the increase in height. The Zoning Administrator denied the application for a minor use permit on October 28, 1988; the applicant has appealed that decision to the Planning Commission. The Montgomery Planning Committee, at their meeting of December 7, 1988, voted 6-1 to uphold the decision of the Zoning Administrator and deny the appeal. B. RECOMMENDATION Based on findings contained in Section "E" of this report, adopt a motion to uphold the decision of the Zoning Administrator and deny the appeal. C. DISCUSSION Adjacent zoning and land use North RV-15 Residential, one and two family dwellings South RV-15 Residential, one and two family dwellings East RV-15 Residential, one and two family dwellings West RV-15 Residential, one and two family dwellings Existing site characteristics The project site is a rectangular lot of 9,375 square feet, and aside from the garage structure contains a single-family dwelling, a one-car garage, and an accessory structure which is to be converted to a second single- family dwelling under an approved administrative permit. The existing one-car garage is to be demolished to meet fire code access requirements. City Planning Commission Agenda Item for Meeting of December 14, 1988 Page 2 D. ANALYSIS The zoning ordinance for Montgomery requires detached garages for use by residences to be no taller than 12 feet in height unless approval is obtained for an increase in height through the minor use permit process. These accessory structures cannot contain more than one story. The detached garage which was under construction within the rear yard of the residence at 1130 Twin Oaks Avenue is 23 feet high and contains a tool room and office, a 9arage and a mezzanine at the top of an inside staircase. The overall height of the structure is the same as a standard two-story residence, and appears to be as tall as a neighboring dwelling constructed over a garage located in the rear yard of the lot adjacent to the project site. Although construction of the structure has been halted by the building inspector, it appears to be currently in use for repair of autos. The owner has been advised that the garage is for accessory residential parking only and that commercial auto repair is not permitted in the RV15 residential zone. In reviewing the minor use permit request, the Zoning Administrator noted that the overall height of the structure is out of scale with the primary buildings on the lot and is not necessary to provide accessory residential parking. The owner has stated that the increased height is necessary for storage and that reducing the height of the building is a hardship since it is already under construction. However, the amount of space indicated in the mezzanine exceeds what would normally be required for residential storage. In addition, the building resembles a commercial auto repair facility to the point where the Fire Department is requiring sprinkling of the building to commercial standards. In summary, the Zoning Administrator's denial of the minor use permit application reflects an assessment that the building is out of scale with other primary structures on the lot and with its permitted use as residential parking, and should be reduced in height to the maximum permitted height as was originally approved. As such, the recommendation is to uphold the decision of the Zoning Administrator to achieve this end. E. FINDINGS 1. That the proposed use at the 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 increase in height for an accessary garage is out of scale with other accessary buildings within the neighborhood and is not in keeping with the general residential character of the area. City Planning Commission Agenda Item for Meeting of December 14, 1988 Page 3 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 proposed height increase to an accessary garage represents a visual detriment to the surrounding neighborhood and would adversely affect surrounding properties in the vicinity. 3. That the proposed use will comply with the regulations and conditions specified in this code for such use. The proposed height does not comply with the 12 foot height requirement for accessary garages within residential zones. 4. That the granting of this conditional use will not adversely affect the general plan of the City or the adopted plan of any governmental agency. The granting or denial of this conditional use will not have an adverse effect upon the Montgomery Specific Plan. WPC 5747P CITY OF CHULA VISTA DISCLOSURE STATEI~NT IAPPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICq?T2US WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, PLA~,NINS .COMMISSION AND ALL OTHER OFFICIAL BODIES. The following information must be disclosed: 1. List the names of all persons having a financial interest in the application. List the names of all persons having any ownership interest in the property involved. 2. If any person identified pursuant to (1) above is a corporation or partnership, iisi the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 3. If any person identified pursuant to (1) above is a non-profit organization or ~ trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No If yes, please indicate person(s) 'Person is defined as: "Any individual, firm, copartnership, joint venture, association, soc-~6-(~T club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city, municipality, district or other political subdivision, or any other group or combination acting as a unit." (~TE: Attach additional pages as necessary.) (x?~_~ ~ (x~ Signature of a~licant/date .PcoTolP A-llO Print or type name of applicant City Planning Commission Agenda Item for Meeting of December 14, 1988 Page 1 3. PUBLIC HEARING PCS-89-3 - Consideration of tentative subdivision map for Ladera Villas, Chula Vista Tract 89-3 Lader~ Villas Development Company A. BACKGROUND 1. The applicant has resubmitted a tentative subdivision map known as Ladera Villas, Chula Vista Tract 89-3, in order to subdivide l0 acres at the easterly terminus of Paseo Entrada in the P-C Planned Community zone into 29 single family lots. The Commission and Council recently denied a 46 lot Ilater 41 lot) single family subdivision for the same property. 2. The Environmental Review Coordinator has reviewed a prior Environmental Impact Report on the property, EIR-81-1, and has found that the project would result in significant land form alteration and aesthetic impact adjacent to a scenic corridor (Telegraph Canyon Road). The Planning Commission must therefore certify EIR-81-1, adopt CEQA findings regarding the significant impacts, and adopt a statement of Overriding Consideration in order to approve the project. B. RECOMMENDATION 1. Certify EIR-81-1 and adopt the CEQA Findings and Statement of Overriding Considerations contained in Exhibit A of this report. 2. Based on the findings contained in Section "E" of this report, adopt a motion recommending that the City Council approve the tentative subdivision map for Ladera Villas, Chula Vista Tract 89-3, subject to the following conditions: a. The slopes on the rear of lots 13-15 and 21-29, as well as Lot A and the area between future Paseo Ranchero and the residential lots, shall be included within an open space maintenance district. b. The development standards for the site shall be the same as those for standard R-l-7 lots, with the exception that lots of less than 6,000 sq. ft. may reduce the rearyard setback from 20 ft. to 15 ft., and will be allowed an exemption from the FAR for open patio covers of 300 sq. ft. or less. c. The usable area of Lot #7 shall be expanded by a retaining wall or other means subject to review and approval of the Director of Planning prior to approval of a final map. d. A common fence/wall program shall be submitted for the rear of lots 15-29 prior to approval of building permits and subject to review and approval of the Director of Planning. City Planning Commission Agenda Items for Meeting of December 14, 1988 Page 2 e. Fire hydrants shall be provided in accordance with the requirements of the Fire Marshal, and shall be installed, tested and operational prior to any combustible materials being placed on site. f. Written evidence shall be submitted to the City that an agreement has been reached to satisfy school district requirements prior to approval of a final map. g. The approval of all final maps bye the City Council will require the compliance with the City's adopted threshold standards to the satisfaction of the City's Director of Planning. h. The developer shall be responsible for the construction of full street improvements in all the streets shown on the Tentative Map within the subdivision boundary. All streets shall conform to the requirements contained in the Chula Vista Subdivision Manual. i. The developer shall be responsible for the construction of Paseo Entrada to provide a minimum roadway width of 28 feet. Offsite right-of-way necessary for said improvements shall be dedicated prior to approval of the Final Map. Improvements listed above shall include but not be limited to: A.C. pavement, base, concrete curb, gutter and sidewalk, sewer and water facilities, drainage facilities, traffic signals, pedestrian ramps, street lights and fire hydrants. The developer shall also be responsible for the construction of all necessary transitions to provide for safe driving conditions. k. A grading study for Paseo Ranchero in the vicinity of the subdivision shall be submitted in conjunction with grading plans for the subdivision. The rear property lines for lots 21 thru 29 shall be established based on the location of the future top of slope adjacent to Paseo Ranchero as identified in the subject study. The area encompassing the future slope shall be granted to the City for open space, public utilities and other public purposes on the Subdivision Map. 1. A paved access road conforming to City Standards shall be provided to all sewer manholes. An easement for said access road shall be granted to the City prior to approval of the Final Map. Any fence crossing said easement shall be provided with drive gates acceptable to the City Engineer. m. A graded access road conforming to City Standards shall be provided to public storm drain outlets and cleanout structures. The access road to the storm drain cleanout located in the rear of lot 20 shall be paved with asphalt or Portland Cement Concrete. An easement for said access shall be granted to the City prior to approval of the Final Map. Any fence crossing said easement shall be provided with drive gates acceptable to the City Engineer. City Planning Commission Agenda Items for Meeting of December 14, 1988 Page 3 n. The developer shall grant to the City street tree planting and maintenance easements along all public streets within the Subdivision. Said easements shall extend to a line l0 feet from the back of sidewalk. o. An erosion and sedimentation control plan shall be prepared as part of the grading plans. p. Lots shall be so graded as to drain to the street. Drainage shall not flow over slopes. q. The developer shall prepare a plan for financial participation in the construction of Paseo Ranchero from Telegraph Canyon Road to East "H" Street. Said plan shall include the cost of engineering, right-of-way, surface improvements, utilities and storm drain, and shall identify benefiting properties and the method of distributing the cost among said properties. The developer shall deposit with the City the amount indicated in the above described plan as the developer's obligation for the construction of Paseo Ranchero. r. All construction traffic for the subject project shall utilize an access road from Telegraph Canyon Road to the project site. No construction related traffic will be permitted to sue Paseo Entrada. The alignment of said access road shall be approved by the City Engineer. s. The storm drain located southerly of lot 20 shall be extended to the flow line of Telegraph Canyon Channel. t. The developer shall be responsible for a landscape/irrigation plan (including installation) for all of the open space areas located within the subdivision ownership. Said plan shall include bonding for the final landscaping covering the slopes westerly of Paseo Ranchero. The following are Code requirements provided by the Engineering Department and are listed for information only: 1. The developer shall pay Traffic Signal Participation fees in accordance with City Council policy prior to issuance of building permits. 2. The developer shall pay all applicable sewer fees, including but not limited to: sewer participation fee, prior to issuance of building permits. 3. The developer shall underground all existing overhead facilities lying within the Subdivision. All utilities serving the Subdivision shall be undergrounded. City Planning Commission Agenda Items for Meeting of December 14, 1988 Page 4 4. All grading work shall be done in accordance with the City of Chula Vista Landscape Manual and Grading Ordinance 1797 as amended. 5. The developer shall install street trees in accordance with Section 18.28.10 of the Chula Vista Municipal Code. 6. The Developer shall pay Development Impact Fees in accordance with Ordinance 2251 prior to issuance of building permits. 7. The developer shall comply with the applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act, Subdivision Ordinance and the Subdivision Manual of the City of Chula Vista. C. DISCUSSION The lO-acre site is located on the northerly slopes above Telegraph Canyon Road, at the easterly terminus of Paseo Entrada. A steep "finger" canyon which drops llO ft. from north to south occupies the westerly 40% of the site. Additional slopes are located to the east and south of a narrow knoll which occupies the north-central portion of the property. The average natural slope of the property is approximately 26%. The property is bounded by single-family dwellings to the west, and vacant lands to the north, east and south. The site is designated on the E1 Rancho del Rey Specific Plan for residential development at 6-8 dwelling units per acre, or a maximum allowable yield of 80 units for the 10-acre site. The ERdR Specific Plan designates adjoining areas as follows: West residential 12-4 du/ac); North elementary school site; East Paseo Ranchero and junior high school site; South - open space. The present proposal includes 29 single family lots, which is 17 fewer than the original proposal of 46 and 12 fewer than the final submittal considered by City Council with the previous map (five lots were deleted between the prior Commission and Council hearings -- please see attached exhibits). Of the 29 lots, 24 are 7,000 sq. ft. or greater, and five lots are between 6,000-6,500 sq. ft. A 1.75 acre open space lot is proposed along the southerly boundary to supplement the Telegraph Canyon Road open space corridor to the south. The map also indicates the dedication and improvement of the southerly one-half of Paseo Entrada, which would end at the project rather than connect through with future Paseo Ranchero as shown on the previous map. The westerly one-half of Paseo Ranchero would be dedicated but not improved. The applicant proposes to use the standards of the City's R-l-7 zone to regulate the subsequent development of the lots, including standard setbacks, coverage and FAR. City Planning Commission Agenda Items for Meeting of December 14, 1988 Page 5 D. ANALYSIS There were several issues which contributed to the denial of the prior map which have been addressed on the resubmittal: 1. The prior map was a small-lot development without common facilities or usable open space, and without a product type or development package. The provision of common amenities to compensate for reduced private open space, and the ability to review and approve an entire development package, including the design and placement of the dwellings, has been considered essential for small-lot developments. The present map, as proposed, would meet all of the City's regulations for standard R-l-7 development, which require an average lot size of at least 7,000 sq. ft., with 70% of the lots at 7,000 sq. ft. or greater, 20% at between 6,000-7,000, and 10% at between 5,000-6,000 sq. ft. The map shows an average lot size of 8,400 sq. ft., with 83% of the lots at 7,000 sq. ft. or above, and 17% of the lots at between 6,000-7,000 sq. ft. As a result, there would be adequate private open space, and the basic R-1 development standards, as proposed, would adequately address site development. Staff has included within the recommended conditions of approval that the down slopes on the rear of the lots abutting future Paseo Ranchero, as well as the up slopes abutting the existing open space maintenance district at the rear of lots 13, 14 and 15, be included within an open space maintenance district in order to achieve a consistent treatment and level of maintenance for these areas. This would result in reducing six of the lots abutting future Paseo Ranchero to below 6,000 sq. ft., which is three more than would be allowed under the R-1 zone. We believe the consistent treatment and maintenance of these slopes is more significant than the modest increase in smaller lots, particularly in light of the gross project density of 2.9 du/ac, and the fact that the smaller lots would be located on the easterly boundary of the project, adjacent to an open space maintenance district and Paseo Ranchero. We've also included a recommendation to authorize a reduction in the rear yard setback from 20 ft. to 15 ft. and an FAR exemption for open patio covers of 300 sq. ft. or less for those lots of less than 6,000 sq. ft. which abut a permanent public open space. These adjustments will allow the lots to comfortably accommodate dwellings commensurate with the balance of the neighborhood. 2. The prior plan required extensive land form modification, with total grading of 140,000 cu. yds. and "fills" as deep as 50 ft. on the southerly boundary of the property. The difficult topography, coupled with a detached product at a higher density also resulted in a modest open space reservation and poor interface with the Telegraph Canyon Road open space corridor to the south. City Planning Commission Agenda Items for Meeting of December 14, 1988 Page 6 Although the total amount of grading remains significant, it has been reduced substantially and has been concentrated more on the northerly portion of the property with a much larger open space reservation on the southerly portion of the site. This has allowed all grading to be contained on-site rather than the creation of fill slopes which extended southerly into the open space corridor on the prior plan. It also allows a broader and more contoured expansion of the corridor consistent with the configuration of the corridor to the west. The extensive grading on the northerly portion of the property is largely dictated by the severe topography and the constraints of existing and proposed grades and streets surrounding the site. But also, it is now the recommendation not to connect Paseo Entrada with Paseo Ranchero (please see following item), but to direct project traffic back through the neighborhood to the west. For this reason, we believe it is most appropriate for the site to develop in a manner consistent with the balance of the neighborhood, as proposed, rather than with a clustered-attached product or large-lot single family, either of which could reduce the need for grading. For example, the application of the Hillside Modifier would allow a total of 15 units on the 10 acres, and would limit grading to no more than 32% of the site. It would probably be inappropriate, however, to establish a large-lot, custom or semi-custom development with sole access through a standard-lot subdivision. Similarly, an attached-clustered product should have a separate orientation and access. 3. The City received several letters and public testimony from residents to the west opposing the connection of Paseo Entrada with future Paseo Ranchero as shown on the prior map. The objection being that this connection would allow Paseo Entrada to become a throughway and generate excessive outside traffic through the neighborhood between Paseo Ranchero and Paseo Ladera. The City Traffic Engineer concurs with those residents opposed to the connection, and the Engineering Department reports that the steep topography coupled with the necessity to meet preestablished street grades, would result in a traffic safety problem if the connection were made. As a result, the project will have sole access from Paseo Entrada. A condition of approval has been recommended, however, which would require construction traffic to use a temporary access road to Telegraph Canyon Road rather than Paseo Entrada in order not to direct such traffic through the existing neighborhood to the west. E. FINDINGS Pursuant to Section 66473.5 of the Subdivision Map Act, the tentative subdivision map for Ladera Villas, Chula Vista Tract 89-3, is found to be in conformance with the various elements of the City's General Plan based on the following: City Planning Commission Agenda Items for Meeting of December 14, 1988 Page 7 1. The site is physically suitable for residential development and the proposal conforms to all standards established by the City for such projects. 2. The design of the subdivision will not affect the existing improvements -- streets, sewers, etc. -- which have been designed to avoid any serious problems. 3. The project is in substantial conformance with the Chula Vista General Plan Elements as follows: a. Land Use - The proposal is consistent with the E1 Rancho del Rey Specific Plan which designates the site for residential development at 6-8 du/ac. b. Circulation - The subdivision will provide streets in conformance with City standards. c. Housing - The project will provide standard single family lots consistent with the adjoining development to the west. d. Conservation The site does not contain any identifiable natural resources. e. Park and Recreation, Open Space - The project will be required to pay Park Acquisition and Development fees in lieu of the dedication and improvement of park land. f. Seismic Safety - The site is not directly impacted by any known or inferred faults. §. Safety - The project will be within existing or proposed response times of all public safety agencies. Compliance with the City's threshold standards will have to be shown prior to the approval of a final map. h. Noise - All dwelling units will be designed so as not to exceed an interior noise level of 45 dBA. A sound wall will be established along the rear of the lots abutting future Paseo Ranchero. i. Scenic Highway - The project will increase the oepth of the open space corridor along Telegraph Canyon Road. j. Bicycle Routes - All of the major roads within ERdR have been designed to accommodate bicycles. k. Public Buildings - The developer must show compliance with the City's threshold standards prior to approval of a final map. City Planning Commission Agenda Items for Meeting of December 14, 1988 Page 8 4. Pursuant to Section 66412.2 of the Subdivision Map Act, the Commission certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. WPC 5776P/2659P /. 7~ £; t~f PRESENT 29-LOT PROPOSAL PASEO ENTRAI~A REVISED 41-LOT PROPOSAL DENIED BY THE CITY COUNCIL JULY 12, 1988 '~ //'i / ' ~ /. -,, \ ',, / ~.Z ~-- ~ ' ' PRIOR 46-LOT PROPOSAL RECOMMENDED FOR DENIAL BY THE PLANNING COMMISSION MAY 11, 1988 FINAL ENVIRONMENTAL IMPACT REPORT LADERA VILLAS EIR-81-1 Issued for review by the Chula Vista Environmental Review Committee Certified by the Chula Vista Planning Commission October 22, 1980 Prepared by the City of Chula Vista Planning Department, Environmental Review Section Duane E. Bazzel, Assistant Planner PROJECT PROPONENTS Mr. J. Bordi & Mr. G. Lalande TABLE OF CONTENTS 1.0 Introduction page 1 2.0 Project Description page 1 3.0 Impact Analysis page 7 3.1 Land Form page 7 3.2 Geology/Soils page 7 3.3 Biology page 10 3.4 Archaeology page 12 3.5 Schools page 14 4.0 Insignificant Effects page 17 5.0 Significant Adverse Impacts page 17 6.0 Alternatives to the Proposed Action page 17 7.0 Growth Inducing Impacts page 18 8.0 Consultation page 18 LIST OF FIGURES Fig. 1 Locator/Topographic Map page 2 Fig. 2 Topographic Map page 3 Fig. 3 Tentative Subdivision Map page 4 Fig. 4 E1 Rancho del Rey Specific Plan page 6 Fig. 5 Biological Map page i1 Fig. 6 Archaeological Map page 13 LIST OF TABLES Table 1 E1 Rancho del Rey Land Use Table page 5 Table 2 School District Conditions page 7 Table 3 School Data page 8 Appendices on file and available for review at the Chula Vista Planning Department. a. Geological Investigation of Landslide Conditions, Woodward-Clyde Consultants, July 25, 1980 b. Biological Reconnaissance, WESTEC Services, Inc. Dec. 11, 1979 c. Archaeological Survey~ WESTEC Services, Inc. Dec. 6, 1979 1.0 Introduction It is the purpose of this Environmental Impact Report (EIR) to determine what significant environmental impacts would result from implementation of the project, propose mitigation measures to reduce the adversity of the impacts, and consider alternatives to the project as proposed. This EIR was required by the Environmental Review Committee of the City of Chula Vista after conducting an Initial Study on the project (IS-80-50) and reviewing the current development plans for the property. The Committee concluded that there could be one or more significant impacts, including land form alteration, and required that the EIR be focused on the issues identified in the Initial Study (IS-80-50). This EIR is an informational report for decision making authorities and the public. It is not an engineering document nor is it a report which recommends approval or denial of the project. 2.0 Project Description The project is located about 500 ft. to the north of Telegraph Canyon Rd. between the Casa del Rey subdivision and the future extension of Paseo Ranchero. Access to the property is proposed to be via Paseo Ladera and Paseo Entrada in the Casa del Rey subdivision. The Chula Vista Public Works Department/Engineering Division is recommending that Paseo Entrada be extended to the east to the future right-of-way of Paseo Ranchero and that appropriate grade revisions be made to effectuate this change. The developer would also be required to participate in a district for the cost of improving Paseo Ranchero. The project proponent proposes to subdivide the property into 27 lots, 26 to be developed with single family detached dwellings and one open space lot along the southern portion of the site. The dwelling units would have 3 and 4 bedrooms with 1800-2000 sq. ft. of floor area. The residential lots would have 8700-18,000~ sq. ft. of area and the open space lot would have 2.3 acres. The grading of the property will require 52,000 cubic yards of cut and 137,000 cubic yards of fill material. These figures would likely change with implementation of the Engineering Department's recommendation. The borrow site for the fill material has not been identified. If it is within the City's jurisdiction, additional environmental review will be required. The maximum height of the cut slopes will be 24 ft. and 60 ft. in the case of fill slopes. If Paseo Ranchero has not been constructed prior to the develop- ment of the project, an 8" sewer will be extended to Telegraph Canyon Rd. along the future alignment of Paseo Ranchero. FIG ! TABLE 1 E1 Rancho del Rey SUB TOTAL 1224 6002 7. 3.0 Impact Analysis 3.1 Land Form 3.1.1 Project Setting The topography of the site ranges from gentle slopes to areas of 2 to 1 and 1 1/2 to 1 steepness. The property is transected by one draw extending northerly along the western property line and a smaller draw along the eastern boundary. 3.1.2 Impact The project will require the moving of approximately 52,000 cubic yards of cut and 137,000 cubic yards of fill material. The maximum height of the cut slopes will be 24 ft. and 60 ft. in the case of fill slopes. A portion of the fill slopes encroach into the designated open space area shown on the E1 Rancho del Rey Specific Plan, which is adjacent to Telegraph Canyon Rd., a "scenic highway", as designated by the Chula Vista General Plan. The appearance of the upper natural slope areas will be irreversably altered by the proposed project. 3.1.3 Mitigation The rounding and blending of the proposed variable slopes, facing Telegraph Canyon Rd. would assist in creating a more natural appearing land form. In addition, these manufactured slopes should be planted with native plant materials to reduce the visual contrast with adjacent natural open space areas and also to reduce water consumption. 3.1.4 Analysis of Significance Regardless of how the property is graded to accommodate the proposed use, there will be an irreversible land form change of a substantial character. This impact could be reduced, although not eliminated, through the use of grading concepts which would result in a more natural appearing finished product, and by the planting of native plant materials on manufactured slopes. 3,2 Geology~Soils (See Geological Investigation Appendix A) 3.2.1 Project Setting The site is underlain by three geologic formational units (Woodward-Clyde, 1980). The enclosed Geologic Map and Site Plan (Appx. A) shows the approximate areal extent of each of the various geologic and soil units, which are described below in order of increasing age. The geologic map symbol for each unit is given after the formal name for the unit. Alluvium (Qal) This unit consists of gray or brown silt, sand, and gravel deposited along the bottom of the drainage draw. Alluvium typically grades into slopewash along valley sides. Typically alluvium is in a relatively loose state and may be porous and potentially compressible. This unit may be up to 10 ft. thick on the site. Overburden Soils (not a mapped unit) - A residual soil mantle blankets the site. Exposures in nearby areas indicate that the depth of the soil on the site could range from less than 1 foot to 5 feet. A poorly to well developed residual clay ("B") soil horizon is less than 8 inches thick, and is most commonly associated with soils for~ed on the upper terrace (Lindavista Formation). Lindavista Formation (Qln) - This unit predominantly consists of marine and nonmarine sediments composed of medium dense to very dense, red-brown to brown, silty, medium to coarse grained sand and sandy gravels, which are locally cemented. In general, the materials in this unit are nonexpansive, however, on occasion layers and lenses of potentially expansive materials have been noted in nearby areas. This unit is located generally above an elevation of 450 ft. (MLS Datum). San Diego Formation (Tsd) - This formation pre- dominantly consists of marine sediments composed of dense to very dense, light yellow-brown to light gray, silty very fine to medium grained sand containing thin layers and lenses of cobbles. The base of the formation is often marked by a thin pebble to cobble conglomerate. The unit is located generally between the elevations of 400 and 450 feet (MLS Datum). Otay Member of the Rosarito Beach Formation (Trb) This unit consists of very dense, light gray to light brown, silty to clayey, fine to coarse grained sand (sandstone) and hard, light gray to red-brown silty clay (siltstone and mudstone). This unit appears to underlie the site below an elevation of 400 ft. (MLS Datum). The sandstones of this section are composed of a white to light gray very fine to coarse silty sandstone. Many coarse grained and pebble size, rounded, red-brown, bentonite clay are contained in the sandstone. Inter- bedded with the sandstones are thin to moderately bedded, light gray to redish-brown siltstones and mudstones, which contain lenses (on the order of 3 inches thick) of nearly pure, redish-brown to white bentonitic clay, which are highly expansive. 9. 3.2.1.1 Faulting No faults were observed during the field reconnaissance. In addition, an examination of aerial photographs of this site did not disclose any lineations, scarps, or other types of topo- graphic features that could be indicative of, or construed to be, faults. A review of Map Sheet 29, prepared by the State of California shows a north-south dashed lineation that would project across the extreme northwest corner of the site, and would approximately transect the backs of Lots 1 through 4. A reconnaissance map done by Kuper and Gastil in 1977 shows no fault in the general area. In addition, no stratigraphic disconformaties are shown in the area. 3.2.1.2 Landslides Review of aerial photographs did not dis- close any significant or pronounced topographic features that Was interpreted to indicate landslides. However, the Rosarito Beach Formation in other areas has been subject to landslides, and review of the topographic map of the site and the site reconnais- sance indicated possible shallow slides of thick colluvial deposits in the south-drainage draw. Three borings were made in this area below the approximate elevation of 425 ft., which is the approximate location of the contact of Otay Member of the Rosarito Beach Formation. The borings indicated thick alluvial deposits and topsoils in the bottom and sides of the subcanyon. Although remolded clay seams, which suggest relatively weak strength, were observed in the Otay Member, no evidence of landsliding was observed. (Woodward- Clyde 1980) 3.2.1.3 Expansive Soils The geotechnical investigation indicates that portions of the site are underlain by potentially expansive soils. 3.2.2 Impacts Southern California is susceptible to seismic hazards. The project site does not lie close to any known active faults and carries no greater risk of seismic damage than most areas of the County. No other geologic hazards pose a significant risk to the proposed project. Because landslides were not found during the investigation, the project is not expected to be impacted by landslide hazards. 10. The placement of structures on expansive soil could have serious impacts due to cracking and differential settling. 3.2.3 Mitigation Grading plans and/or foundations must be designed to reduce the impact of expansive soils on finished structures. 3.2.4 Analysis of Significance If recommendations of a soils and foundations investigation are incorporated into the project, no significant impacts are expected to result. 3.3 Biology (See Biological Survey Report, Appendix B) 3.3.1 Project Setting A biological reconnaissance of the subject property was made in order to assess the significance of adverse effects on biological resources which would result from the proposed project. (WESTEC Services, Inc.) Most of the 10 acre site is covered by a derivative of the Coastal sage scrub floral community. Three floral species present are considered rare and endangered by the California Native Plant Society. These include coast barrel cactus (Fero- cactus viridescens), San Diego sunflower (Virguiera laciniata) and Mesa Clubmoss (Salaginella cinerascens). No rare or endangered faunal species were observed. 3.3.2 Impacts Project implementation will result in construction and landscaped manufactured slopes over approximately 75% of the site. As a result, most of the on-site foraging habitat for predatory birds will be removed. In addition, approximately 2/3 of the existing on-site San Diego sunflower and 3/4 of the existing Coastal sage scrub will be removed. A proposed open space area adjacent to Telegraph Canyon Rd. will contain the remainder of these plant communities. The small stands of Coast barrel cactus will be entirely eliminated from the project site. 3.3.3 Mitigation No major mitigating measures are required, however, native plants should be used on manufactured slope areas adjacent to natural open space areas. Care shall be taken to prevent construction equipment from entering and scarring the natural open space area. 11. Lceaticn of ~[J~,n [nteres: ?!~nr. £?ee:,es ~znd Open Space FIG 5 12. 3.3.4 Analysi§ of Significance The small on-site populations of the rare and endangered Ferocactus viridescens (37 individuals) and Selaginella cinerascens will be lost as a result of project development. The majority of the on-site population of Viguiera laciniata will also be lost. A small portion (approximately 25%) of the Viguiera population will be retained in natural open space. Project development will eliminate potential foraging habitat for the cactus wren. However,the property is not considered prim~nesting habitat for this species due to the absence of dense cactus thickets. The incremental loss of the low scrub cover and wildlife habitat and three sensitive plant species is considered an adverse though. non-significant biological effect. Their loss is not considered significant due to the small numbers and dis- junct nature of the populations of the sensitive plants and the fact that representative stands of the low scrub including these species will be retained in designated areas within the Rancho del Rey Specific Development Plan. 3.4 Archaeology (See Archaeological Survey, Appendix C) 3.4.1 Project Setting The subject property was intensively surveyed for the presence of archaeological resources under the supervision of Richard L. Carrico, WESTEC Services, Inc. project archaeologist. Patrice Ballinger and Brian Hunter served as associate archaeologists. The field investigation was conducted on December 6, 1979 and consisted of an intensive on-foot reconnaissance of the property. The results of the field investigation was positive as one newly recorded site (W-2390) was noted within the boundaries of the project. This site (W-2390) is located at an elevation of approxiamtely 460 ft. above mean sea level in the northeastern quarter of the property. As far as can be ascertained by preliminary reconnaissance the site consists of a single locus approximately 30 meters by 30 meters in area, situated on a south trending knoll overlooking Telegraph Canyon. Culturally intrusive surface material present includes one chopping tool and one dozen flakes. Lithic materials evident are available locally. The site generally maintains a static contour and because of that, it is U-shaped. 3.4.2 Impact Because the one archaeological site (W-2390) is a fragile surface site, any earth removal, vehicular traffic or other disruptive activities could seriously impair or destroy the data compiled to date. Project Lcca[lon and z\ssoc~ated Archaeological bites F'IG 6 14. 3.4.3 Mitigation The following program is proposed to ensure that direct adverse impacts to archaeological site W-2390, can be mitigated: 1) Instrument location of site. 2) A micro-mapping of surface artifacts and collection of these artifacts. 3) Excavation of four test units, each one meter by one meter square, to assess possible sub- surface cultural debris. 4) Laboratory analysis and cataloging of material collected. 5) A written report submitted. 3.4.4 Analysis of Significance Analysis of archaeological site W-2390 suggests that the limited lithic scatter is the result of minimal use of the area by prehistoric people. All of the cultural debris were found in association with a static elevation around the edge of a knoll as if eroding out at that level. This would seem to indicate a potential depth to the site, particularly in the interior of the U-shape suggested by the surface artifacts. As other sites are known in the area~ further investigation may serve to delineate native American land-use patterns, band territoriality, cultural affinity, and inter-site relationships. Potential adverse impacts could occur to site W-2390 due to any landform alteration or change in land use as a result of construction related activities and increased human population. 3.5 Schools 3.5.1 Project Setting The project site lies within the district boundaries of the Chula Vista City School District and the Sweetwater Union High School District. Table 2 shows the current operating characteristics of these districts and Table 3 indicates the areas schools capacities. Table 2. School District Conditions Current Dist. Current Dist. Annual District Enrollment Capacity Cost/Student Chula Vista Elementary School District, 1980 14,646 14,420 $1812 Sweetwater Union High School Dist. 23,200 24,036 $2000 1980 15. Table 3 School Data1 (Fall, 1979) Distance from School School Project School Level Project(Miles) Capacit~ Enroll. Students Valley Vista K-6 5.4 420 436 Tiffany K-6 2.2 728 645 Allen K-6 4.3 420 354 16 Bonita Vista 7-9 2.5 1410 1506 8 Bonita Vista 10-12 2.2 1512 1677 5 1Chula Vista City School District, 1979; Sweetwater Union High School District, 1979 3.5.2 Impact/Mitigation The project will generate 16 elementary and 13 secondary school students. The schools nearest the project site are characterized in Table 2. It should be noted that both districts have policies, for reasons of capacity utilization and racial integration, whereby students miqht not attend the school which is geographically nearest their home. The new students would require the equivalent of approximately one classroom and one teacher plus the related facilities and other personnel. The developer will be required to provide the City with written assurance from the school districts that they will have the ability to provide educational services to students from this project. This usually involves the developer providing the school district with financial assistance for temporary facilities. In addition to the project in question, there are various project, approved, under consideration or under construction which could effect the provision of educational services. Those projects currently under construction in the vicinity of the project will result in the following estimated number of students: Elementary 514 Jr. High 280 Sr. High 187 There are also several hundred dwelling units under construction in the nearby County and City of San Diego areas which would add to the potential of higher enrollment levels. Other projects have been given some level of project approval. The largest of these communities is the E1 Rancho del Rey Specific Plan. With its 6000+ dwelling units, the project would result in 2290 elementary school children, 1747 Jr. high school students and 1166 Sr. high students. These projects in the City of Chula Vista, City of San Diego, and County of San Diego would result in the following approximate number of students (including E1 Rancho del Rey): Elementary 2900-3000 Students Jr. High 1700-1800 Sr. High 1100-1200 It must be pointed out that these are long range projects which will be "built out" over many years if not more than a decade. There are also projects which have been proposed but which have not yet been considered. The Janal Ranch or "Western Salt" property, east of Chula Vista is currently under a private planning effort. No generalities of the development proposals are available at this time. The Otay Mesa East Community Plan is currently under consideration by the City of San Diego. A portion of the project is within the Chula Vista Elementary School District and all of the property is within the Sweetwater Union High School District. The plan envisions 9 elementary school sites, two junior high sites and one senior high school site. No precise plans have been formulated. As these projects develop over the years, the significance of the impact will depend on the rate at which development takes place in relationship to the availability of facilities in these districts which have experienced declining enrollments over the past few years. The determination of the significance of this impact can only be judged to be problematic at this time. The mitigation of this impact can only be dealt with as part of an ongoing planning process including the current ongoing ~0ordination between the school districts and the City. Evaluation of the significance of an impact at any given time must be based on an evaluation provided by the school districts at that time. It must be noted however, that the provision of educational facilities (in addition to other public facilities) should be carried out ina manner consistent with the planning for these facilities. This advanced planning process is currently provided through community plans of the County and City of San Diego, the General Plan of the City of Chula Vista, the E1 Rancho del Rey Specific Plan and the Public Buildings Element of the Chula Vista General Plan. 3.5.3 Analysis of Significance As long as the school districts can provide adequate educational services, no significant impact will result. If a condition of overcrowding does develop, additional conditions of approval can be imposed on specific projects. 4.0 Insignificant Effects The following is a list of impacts which have been found to be of little or no concern, (Ref. IS-80-50) : 4.1 Ground Water 4.2 Drainage Pattern 4.3 Mineral Resources 4.4 Air Quality 4.5 Water Quality 4.6 Mobile Noise Source 4.7 Stationary Noise Source 4.8 Paleontological Resources 4.9 Historical Resources 4.10 Land Uses 4.11 Aesthetics 4.12 Community Social Factors 4.13 Community Tax Structure 4.14 Parks, Recreation and Open Space 4.15 Fire & Police 4.16 Waste Disposal 4.17 Utilities/Energy 4.18 General Government Support 4.19 Transportation/Access 5.0 Significant Adverse Impacts The implementation of the Ladera Villas Project, as shown on the Tentative Map, and including proposed off-site improvements, would have the following unavoidable adverse impact: Landform alterations, totaling 189,000 cubic yards, would take place. Manufactured slopes abutting an open space area would front on Telegraph Canyon Rd. (a designated Scenic Highway) and cause an irreversible ~hange in the appearance of the existing natural slopes. 6.0 Alternatives to the Proposed Action 6.1 No Project Under this alternative, no development would proceed at this time. In that the E1 Rancho del Rey Development Plan calls for the development of the project site at 3-5 dwelling units per acre, it is likely that future projects of unspecified density, design, and impact potential would result. In the short term, "No Project" would reduce or eliminate impacts in all of the factor categories. However, such an alternative would also mean that additional development pressure would result elsewhere in the area to meet existing housing demands. 6.2 Pro~ect of Reduced Scope This alternative would result in the reduction of the number of dwelling units, when compared against the current design of the Ladera Villas project. If the streets and lots were carefully placed, the implementation of this alternative would result in the avoidance of sensitive habitat areas and the disturbance of potential archaeologic finds, in addition to a reduction of unit volume related impacts of landform modification and schools. Again, additional development pressure, equal to the number of units lost through this alternative, would result. 6.3 Project of Increased Scope Under this alternative, an increase in residential density would mean more extensive landform modification and impacts to biological sensitivities than the present project. In addition, increased cumulative impacts to public facilities, air quality, and local streets would result as a result of implementation of this alternative. 7.0 Growth-Inducing Impacts In that the project was a part of the E1 Rancho del Rey Develop- ment Plan, and was shown in that plan as applicable to the use suggested by the project, the growth represented by the Ladera Villas Development has been accounted for in earlier planning and environmental review processes. The proposed development would influence growth of the surrounding area, although the impact is not considered significant. The project conforms to the public policy expressed in the E1 Rancho del Rey Specific Plan which is specifically designed to manage growth within the project area. The provision of sewer and educational services to the project would necessitate an increase in their respective facilities. The growth expected to take place in the sewer treatment facilities of the Metropolitan Sewer System would not be directly related to the project and is expected to occur independent of the proposed development. The growth impact on local educational facilities would be offset by fees. 8.0 Consultation 8.1 The following individuals and organizations have been consulted in the preparation of the draft EIR: D. J. Peterson, Director of Planning Wm. Ullrich, Assoc. Eng. Ted Monsell, Fire Marshal Merritt Hodson, Environmental Control Commissioner James Hutchison, Project Design Consultants John Linn, Chula Vista Elementary School District 8.2 The following documents were used in the preparation of this EIR: EIR-78-2 E1 Rancho del Rey Specific Plan EIR-78-5 Casa del Rey EIR-79-8 Rice Canyon Sectional Planning Area, including various technical appendices EIR-80-4 Charter Point Subdivision IS-80-50 Ladera Villas ATTACHMENT A CANDIDATE FINDINGS OF FACT ' LADERA VILLAS SUBDIVISION EIR-81-1 City of Chula Vista (California Public Resource Code Sec. 21081) California Administrative Code Sec. 15088) I. INTRODUCTION The following findings have been prepared in accordance with Section 15088 of Title 14 of the California Administrative Code, and Section 6.10 of the Environ- mental Review Procedures of Chula Vista. These two directives both state that, in order to approve a project which has one or more significant environmental effects, a finding within at least one of the following categories must be made: Category 1. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects thereof as identified in the final EIR. Category 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the body making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Category 3. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. For the Ladera Villas project, a sugary of impacts and findings has been prepared which, if adopted, indicate that response to all significant impacts can be placed into these categories. These impacts and findings are stated below. II. IMPACTS AND FINDINGS The Ladera Villas project represents a subsequent development proposal within the context of the E1 Rancho del Rey Specific Plan. The project will subdivide a 10 acre parcel of land into 27 lots, 26 to be developed with single family detached dwellings and one open space lot. The number and type of units proposed has been found to be consistent with the Specific Plan. Within this background the following factor-specific impacts and findings are set forth. A. Land form (EIR Sec. 3.1) 1. Impact: The project will require the moving of approximately 52,000 cubic yards of cut and 137,000 cubic yards of fill material. The maximum height of the cut slopes will be 24 feet and 60 feet in the case of fill slopes. A portion of the fill slopes encroach into the designated open space area shown on the E1 Rancho del Rey Specific Plan, which is adjacent to Telegraph Canyon Road, a "scenic highway," as designated by the Chula Vista General Plan. The appearance of the upper natural slope areas will be irreversibly altered by the proposed project. -2- 2. Finding (Category 3): The impact of the project on existing land form would be significant and at least partially mitigable. The alternative of a "project of reduced scope" (discussed in EIR Section 6.2) is an alternative that would reduce significant impacts of land form modification. However, such a reduc- tion in this case is unwarranted for the following reasons: a. More significant canyons than the minor canyon near the westerly edge of this tract have been filled in conjunction with develop- ments to the west. b. Council decided in its approval of the E1 Rancho del Rey Specific Plan to preserve the major canyon areas in E1 Rancho del Rey and in exchange therefor to allow filling and alteration of many of the minor canyons. c. A cluster development in order to minimize the grading is not appropriate in this location at the end of a cul-de-sac when the only access to the cul-de-sac is through a single family area. d. A reduction in the number of units is not justified as the adopted Specific Plan for the area allows 3-5 DU/acre and the proposal is for only 2.6 DU/acre. e. Because of the requirement for participation in the cost of extending Paseo Ranchero, a lower density probably would not be economically feasible. B. Geolo~s/Soils (EIR Sec. 3.2) 1. Impact: Southern California is susceptible to seismic hazards. The project site does not lie close to any known active faults and carries no greater risk of seismic damage than most areas of the county. No other geologic hazards pose a significant risk to the proposed project. Because landslides were not found during the investigation, the project is not expected to be impacted by landslide hazards. The placement of structures on expansive soil could have serious impacts due to cracking and differential settling. 2. Finding (Category 1): The expansive soil hazard presnet on site is potentially significant, but mitigable. C. Archaeology (EIR Sec. 3.4) 1. Impact: A field investigation was conducted on December 6, 1979 and consisted of an intensive on-foot reconnaissance of the property. The results of the field investigation was positive as one newly recorded site (W-23gO) was noted within the boundaries of the project. This site (W-2390) is located at an elevation of approximately 460 feet above mean sea level in the northeastern quarter of the property. As far as can be ascertained by preliminary reconnaissance, the site consists of a single locus approximately 30 meters by 30 meters in area, situated on a south trending knoll overlooking Telegraph Canyon. Culturally intrusive surface material present includes one chopping tool and one dozen flakes. Lithic -3- materials evident are available locally. The site generally maintains a static contour and because of that, it is U shaped. Because the one archaeological site (W-2390) is a fragile surface site, any earth removed, vehicular traffic or other disruptive activities could seriously impair or destroy the data compiled to date. Mitigation will consist of the follow- ing program: 1) Establishing an accurate location for the site; 2) A micro-mapping of surface artifacts and collection of these artifacts; 3) Excavation of four test units, each one meter by one meter square, to assess possible subsurface cultural debris; 4) Laboratory analysis and cataloging of material collected; 5) Preparation and submittal of a written report. 2. Finding (Category 1): The impact of the project on archaeological resources is potentially significant, but mitigable. D. Schools (EIR Sec. 3.5) 1. Impact: The new students generated by this project would require the equivalent of approximately one classroom and one teacher, plus the related facilities and other personnel. Mitigation will require the developer to provide the City with written assurance from the school districts that they will have the ability to provide educational services. 2. Finding (Category 2): The dedication of land and/or the payment of developer fees are methods adopted by the school districts for obtaining assistance from private developers to reduce the impacts of incremental growth. The respon- sibility for obtaining developer assistance to mitigate school impacts rests with the school districts. STATEMENT OF OVERRIDING CONSIDERATIONS LADERA VILLAS SUBDIVISION EIR-81-1 (California Administrative Code Sec. 15093) The implementation of the Ladera Villas project will result in a significant alteration of the natural land form. The project incorporates various design features and techniques that substantially lessens the significance of this land form/visual impact. Although this impact has been substantially mitigated to a level acceptable to the City of Chula Vista, a significant impact will nevertheless result. The following specific considerations override this significant impact: 1. More significant canyons than the minor canyon near the westerly edge of this tract have been filled in conjunction with developments to the west. 2. Council determined in its approval of the E1 Rancho del Rey Specific Plan to preserve the major canyon areas in E1 Rancho del Rey and in exchange thereof to allow the filling and alteration of many of the minor canyons. 3. A cluster development in order to minimize the grading is not appropriate in this location at the end of a cul-de-sac when the only access to the cul-de-sac is through a single family area. 4. A reduction in the number of units is not justified as the adopted Specific plan for the area allows 6-8 DU/acre and the proposal is for only 2.9 DU/acre. ATTACHMENT A CANDIDATE FINDINGS OF FACT ' LADERA VILLAS SUBDIVISION EIR-81-1 City of Chula Vista (California Public Resource Code Sec. 21081) California Administrative Code Sec. 15088) I. INTRODUCTION The following findings have been prepared in accordance with Section 15088 of Title 14 of the California Administrative Code, and Section 6.10 of the Environ- mental Review Procedures of Chula Vista. These two directives both state that, in order to approve a project which has one or more significant environmental effects, a finding within at least one of the following categories must be made: Category 1. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects thereof as identified in the final EIR. Category 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the body making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Category 3. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. For the Ladera Villas project, a sunmary of impacts and findings has been prepared which, if adopted, indicate that response to all significant impacts can be placed into these categories. These impacts and findings are stated below. II. IMPACTS AND FINDINGS The Ladera Villas project represents a subsequent development proposal within the context of the E1 Rancho del Rey Specific Plan. The project will subdivide a 10 acre parcel of land into 27 lots, 26 to be developed with single family detached dwellings and one open space lot. The number and type of units proposed has been found to be consistent with the Specific Plan. Within this background the following factor-specific impacts and findings are set forth. A. Land form (EIR Sec. 3.1) 1. Impact: The project will require the moving of approximately 52,000 cubic yards of cut and 137,000 cubic yards of fill material. The maximum height of the cut slopes will be 24 feet and 60 feet in the case of fill slopes. A portion of the fill slopes encroach into the designated open space area shown on the E1 Rancho del Rey Specific Plan, which is adjacent to Telegraph Canyon Road, a "scenic highway," as designated by the Chula Vista General Plan. The appearance of the upper natural slope areas will be irreversibly altered by the proposed project. -2- 2. Finding (Category 3): The impact of the project on existing land form would be significant and at least partially mitigable. The alternative of a "project of reduced scope" (discussed in EIR Section 6.2) is an alternative that would reduce significant impacts of land form modification. However, such a reduc- tion in this case is unwarranted for the following reasons: a. More significant canyons than the minor canyon near the westerly edge of this tract have been filled in conjunction with develop- ments to the west. b. Council decided in its approval of the E1 Rancho del Rey Specific Plan to preserve the major canyon areas in E1 Rancho del Rey and in exchange therefor to allow filling and alteration of many of the minor canyons. c. A cluster development in order to minimize the grading is not appropriate in thi~ location at the end of a cul-de-sac when the only access to the cul-de-sac is through a single family area. d. A reduction in the number of units is not justified as the adopted Specific Plan for the area allows 3-5 DU/acre and the proposal is for only 2.6 DU/acre. e. Because of the requirement for participation in the cost of extending Paseo Ranchero, a lower density probably would not be economically feasible. B. Geolo~s/Soils (EIR Sec. 3.2) 1. Impact: Southern California is susceptible to seismic hazards. The project site does not lie close to any known active faults and carries no greater risk of seismic damage than most areas of the county. No other geologic hazards pose a significant risk to the proposed project. Because landslides were not found during the investigation, the project is not expected to be impacted by landslide hazards. The placement of structures on expansive soil could have serious impacts due to cracking and differential settling. 2. Finding (Category 1): The expansive soil hazard presnet on site is potentially significant, but mitigable. C. Archaeolo~s (EIR Sec. 3.4) 1. Impact: A field investigation was conducted on December 6, 1979 and consisted of an intensive on-foot reconnaissance of the property. The results of the field investigation was positive as one newly recorded site (W-2390) was noted within the boundaries of the project. This site (W-2390) is located at an elevation of approximately 460 feet above mean sea level in the northeastern quarter of the property. As far as can be ascertained by preliminary reconnaissance, the site consists of a single locus approximately 30 meters by 30 meters in area, situated on a south trending knoll overlooking Telegraph Canyon. Culturally intrusive surface material present includes one chopping tool and one dozen flakes. Lithic -3- materials evident are available locally. The site generally maintains a static contour and because of that, it is U shaped. Because the one archaeological site (W-2390) is a fragile surface site, any earth removed, vehicular traffic or other disruptive activities could seriously impair or destroy the data compiled to date. Mitigation will consist of the follow- ing program: l) Establishing an accurate location for the site; 2) A micro-mapping of surface artifacts and collection of these artifacts; 3) Excavation of four test units, each one meter by one meter square, to assess possible subsurface cultural debris; 4) Laboratory analysis and cataloging of material collected; 5) Preparation and submittal of a written report. 2. Finding (Category 1): The impact of the project on archaeological resources is potentially significant, but mitigable. D. Schools (EIR Sec. 3.5) 1. Impact: The new students generated by this project would require the equivalent of approximately one classroom and one teacher, plus the related facilities and other personnel. Mitigation will require the developer to provide the City with written assurance from the school districts that they will have the ability to provide educational services. 2. Finding (CategorS 2): The dedication of land and/or the payment of developer fees are methods adopted by the school districts for obtaining assistance from private developers to reduce the impacts of incremental growth. The respon- sibility for obtaining developer assistance to mitigate school impacts rests with the school districts. STATEMENT OF OVERRIDING CONSIDERATIONS LADERA VILLAS SUBDIVISION EIR-81-1 (California Administrative Code Sec. 15093) The implementation of the Ladera Villas project will result in a significant alteration of the natural land form. The project incorporates various design features and techniques that substantially lessens the significance of this land form/visual impact. Although this impact has been substantially mitigated to a level acceptable to the City of Chula Vista, a significant impact will nevertheless result. The following specific considerations override this significant impact: 1. More significant canyons than the minor canyon near the westerly edge of this tract have been filled in conjunction with developments to the west. 2. Council determined in its approval of the E1 Rancho del Rey Specific Plan to preserve the major canyon areas in E1 Rancho del Rey and in exchange thereof to allow the filling and alteration of many of the minor canyons. 3. A cluster development in order to minimize the grading is not appropriate in this location at the end of a cul-de-sac when the only access to the cul-de-sac is through a single family area. 4. A reduction in the number of units is not justified as the adopted Specific plan for the area allows 6-8 DU/acre and the proposal is for only 2.9 DU/acre. CITY OF CHULA VISTA DISCLOSURE STATEMENT IAPPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OtCNERSHIP INTERESTS ON ALL APPLICATIONS /WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, PLANNING /COMMISSION AND ALL OTHER OFFICIAL BODIES. The following information must be disclosed: 1. List the names of all persons having a financial interest in the application. L~d~ra Villas Development List the names of all persons having any ownership interest in the property involved. Gerald R. Lalande Joe Bordi Rita Y. LaLande Murielle N. Bordi 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. Max A. S~w~r~ 3. If any person identified pursuant to (1) above is a non-profit organization or a 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. 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Con~nissions, Con~nittees and Council within the past twelve months? Yes__ Nox If yes, please indicate person(s) I Person is defined as: "Any individual, firm, copartnership, joint venture, association, ~ club, fraternal organization, corporation, e~'state, trust, receiver, syndicate, this and any other county, city and county, city, municipality,' district. ,, or other )political subdivision, or any other group or combination acting as a unit. (NOTE: Attach additional pages as necessary.)~'./>~ S gnature of applicant/date Charles R. Pearson, President WPC 0701P PEARSON PLANNING, INC. A-110 Print or type name of applicant