000333 request for council action (for auditor's...
TRANSCRIPT
000333
REQUEST FOR COUNCIL ACTION
CITY OF SAN DIEGO
CERTIFICATE NUMB 2 0 3
(FOR AUDITOR'S US .
TO:
CITY ATTORNEY
2. FROM {ORIGINATING DEPARTMENT):
DEVELOPMENT SERVICES
3, DATE:
June 25, 2007
4. SUBJECT:
Monte Verde, Project N o. 6563
5. PRIMARY CONTACT (NAME, PHONE, & MAIL STA.)
Tim Daly (619) 446-5356, MS-501
6. SECONDARY CONTACT (NAME, PHONE, & MAIL STA.)
Leslie Goossens (619) 446-5223, MS-501
7. CHECK BOX IF REPORT TO COUNCIL IS ATTACHED
·
8.COMPLETE FOR ACCOUNTING PURPOSES
FUND
9. ADDITIONAL INFORMATION / ESTIMATED COST:
DEPT.
1317
ORGANIZATION
1776
OBJECT ACCOUNT
4022
No cost to the City. All costs are
recovered through a deposit account
funded by the applicant.
JOB ORDER
420908
C.i.P. NUMBER
N/A
AMOUNT
10. ROUTING AND APPROVALS
b/zxiay
11. PREPARATION OF;
RESOLUTIONS
· ORDINANCE(S)
D AGREEMENTS)
· DEED(S)
1) Council resoultion certifying that the information contained in Project No. 6563 has been completed in compliance with the California
Environmental Quality Act and State CEQA Guidelines, and that said Environmental Impact Report No. 6563, SCH No. 2003091106
reflects the independent judgement ofthe City of San Diego as Lead Agency, stating for the record that the final Environmental Impact
Report has been reviewed and considered prior to approving the project, certifying the final Environmental Impact Report, adopting the
Findings and Statement of Overriding Considerations, and adopting the Mitigation, Monitoring, and Reporting Program.
2) Council resolutions approving Progress Guide and General Plan, the University Community Plan, and the Costa Verde Specific Plan
Amendment No. 10763.
3) Council resolutions approving the Vesting Tentative Map No. 372429. Easement Vacation No. 372423, and Public Right-of-way
Vacation No. 372426.
4) Council resolutions approving the Planned Development Permit No. 10761, Site Development Permit No. 372422, and
Public Right-of Way Pennit No, 464724. _____^_^___^_______^^_^^________
m
11A. STAFF RECOMMENDATIONS:
Approve Resolutions.
CM-1472
MSWORD2002 (REV, 2007-06-27)
00033
12. SPECIAL CONDITIONS (REFER TO AR. 3.20 FOR INFORMATION ON COMPLETING THIS SECTION.)
COUNCIL D ISTRICTS : 1
COMMUNITY AREAfS): University
ENVIRONMENTAL IMPACT: The City of San Diego as Lead Agency under CEQA has prepared and completed a Environmental
Impact Report, Project No. 6563, dated December 22, 2006 and Mitigation, Monitoring, and Reporting Program covering this activity.
CITY CLERK INSTRUCTIONS:
1. Public noticing is required.
2. Return copies of each resolution and permit to Tim Daly, MS-501 and a copy of the Plan amendmenl resolution to Mary Wright, MS
5A.
3. Council action requires a majority vote.
000335
EXECUTIVE SUMMARY SHEET
DATE REPORT ISSUED: June 29, 2007 REPORT NO. PC-07-043
ATTENTION: Council President and City Council
ORIGINATING DEPARTMENT: Development Services Department
SUBJECT: Monte Verde - Project Number 6563
COUNCIL DISTRICT: 1
STAFF CONTACT: Tim Daly, (619) 446-5356, [email protected]
REQUESTED ACTION:
Approval ofthe Monte Verde project, a request for the development of a 23-story
building, two 22-story buildings, and a 21-story building with a total of 560
condominium units on the undeveloped 4.77-acre site at 8995 Costa Verde Boulevard in
the University Community Planning area.
STAFF RECOMMENDATIONS:
1. ADOPT resolution and CERTIFY Environmental Impact Report No. 6563, ADOPT
the Mitigation Monitoring and Reporting Program, and ADOPT the Findings and
Statement of Overriding Consideration; and
2. ADOPT resolutions amending the Progress Guide and General Plan, the University
Community Plan, and the Costa Verde Specific Plan; and
3. ADOPT resolutions and APPROVE Vesting Tentative Map No. 372429, Easement
Vacation No. 372423, Public Right-of-way Vacation No. 372426, Planned Development
Permit No. 10761, Site Development Permit No. 372422, and Public Right of Way
Permit No. 464724.
EXECUTIVE SUMMARY:
The project, as originally proposed, was to develop the 4.77-acre site with two 35-story
towers and two 32-story towers with a total of 800 condominiums as referenced in the
Report to the Planning Commission No. PC-07-043, http://www.sandiego.gov/planning-
commission/pcreports/07043.pdf. (Attachment 1). However, in response to the
recommendation made by the Planning Commission during the hearing on March 15,
2007 for a reduced development of 21-stories and a maximum of 408 units, the applicant
has reduced the maximum height of the development to 23 stories and reduced the
number of condominium units to 560. The majority of the project characteristics would
remain unchanged and the applicant has provided exhibits for the reduced project
(Attachment 2).
The Environmental Impact Report (EIR) for the proposed Monte Verde project analyzed
and provided conclusions for the 800-unit "Project" as well as the recommended
alternatives of a Reduced Project Alternative of which included both a 30-story
deveiopment and a 21-story development. The 21-story alternative included 408 units
while the 30-story alternative included 662 units. The City's Environmental Analysis
Section (EAS) has reviewed the documents provided and has determined the proposed
Page 1 of 3
000336
560-unit project is not beyond the alternatives already discussed in the EIR. Therefore,
the impacis of constructing 560 units can be deduced from the discussions of the impacts
related to these two alternatives. EAS staff has prepared an Additional Information
Statement (AIS) for the EIR and has concluded that the 560-unit project would not result
in any new impacts when compared with the 800-unit project. Nor would it increase the
intensity of impacts associated with the 800-unit project. In fact, in the case of
visual/neighborhood character, the reduction in height would eliminate this significant
impact on the building site associated with the 800-unil development; however, the visual
impact on Rose Canyon from the offsite sewer line would remain. While the reduction in
the number of residential units would not eliminate the significant traffic impacts, it
would proportionately reduce them.
The reduced 560-unit project continues to comply with the applicable sections of the
Municipal Code and adopted City Council policies. City staff has prepared resolutions
and permits for the reduced project and recommends approval.
FISCAL CONSIDERATION:
All costs associated with the processing of this project are paid by the applicant.
COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS:
On March 15, 2007, the Planning Commission recommended the City Council accept the
project's Environmental Impact Report's Reduced Project Alternative: 21-Story. This
alternative would allow the development with the maximum building height of 21-stories with a
maximum number of 408 condominium units. The Planning Commission was unable to find the
extraordinary benefit that allows the Commissioners to make the Statement of Overriding
Considerations for the project as defined by the applicant. The Commissioners recognize that
the 21-story "Reduced Project Alternative" discussed in the Final Environmental Impact (FEIR)
reduces the cumulative and unmitigable impacts; however, the Commissioners acknowledge that
there remains a significant unmitigated negative impact of which the findings of overriding
consideration for this "reduced alternative" cannot be made.
The Motion made by Commissioner Ontai, second by Commissioner Garcia. Passed by a 4-1-2
vote with Commissioner Naslund voting NAY, Commissioner Griswold not present, and one
vacancy.
The University Community Planning Board voted 10:4:0, on February 13, 2007, to
recommend denial of the project.
KEY STAKEHOLDERS:
Costa Verde Hotel, L.L.C, owners
University Community Planning Group
Page 2 of 3
000337
Marpela Escobar-Eck
Dirt
Development Services Department
William Anderson
Director
City Planning and Community Investment
J&ines T. Waring
'puty Chief of Land Use
Economic Development /
ATTACHMENTS:
1. Planning Commission Report No. PC-07-043
2. Monte Verde Reduced Project Exhibits, May 14, 2007
Page 3 of 3
000339
NOTICE OF DETERMINATION
TO:
X
X
Recorder/County Clerk
P.O. Box 1750, MS A33
1600 Pacific Hwy, Room 260
San Diego, CA 92101-2422
Office of Planning and Research
1400 Tenth Street, Room 121 ·
Sacramento, CA 95814
FROM: City of San Diego
Development Services Department
1222 First Avenue, MS 50:
San Diego, CA 92101
Project Number: 6563 State Clearinghouse Number: 2003091106
Permit Applicant: Costa Verde Hotel LLC, 8530 Costa Verde Boulevard, San Diego, CA 92122.
(858) 320-0018.
Project Title: MONTE VERDE
Project Location: Project site is bounded by La Tolla Village Driver to the north. Genesee Avenue to the
east Costa Verde retail/commercial development to the south, and multi-family
residential to the west within the University Community Planning area of the City and
County of San Diego.
Project Description: UNIVERSITY COMMUNITY PLAN AMENDMENT, COSTA VERDE SPECIFIC PLAN
AMENDMENT. VESTING TENTATIVE MAP. PLANNED DEVELOPMENT PERMIT. SITE
DEVELOPMENT PERMIT, PUBLIC RIGHT OF WAY AND EASEMENT VACATIONS. AND RIGHT OF
ENTRY PERMIT for the construction of four high-rise residential buildings with a combined area of
1,223,000 square feet, and 1,312 parking spaces in subterranean parking structures. Tower heights would
range up to a maximum of 296 feet above existing ground level and between 21 and 23 stories. The towers
would consist of 560 units of a combination of for-rent apartments and for-sale condominiums, or entirely
condominiums depending on market conditions. The project would also include several offsite
improvements including the construction of a pedestrian bridge over La Tolla Village Drive, enhancement
of the existing pedestrian bridge over Genesee Avenue, and the replacement of an existing offsite 10- to 12-
inch sewer line with an 18-inch sewer line commencing from the proiect, south along Genesee Avenue, and
into Rose Canyon (Lot 12 of Costa Verde, Map No. 12045).
This is to advise that the City of San Diego City Counsel, on July 17, 2007, approved the above described
project and made the following determinations:
1.
2.
The project in its approved form will, X will not, have a significant effect on
the environment.
X An Environmental Impact Report was prepared for this project and certified pursuant to the
provisions of CEQA .
A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of
CEQA .
An addendum to Mitigated Negative Declaration was prepared for this project pursuant to
the provisions of CEQA .
Record of project approval may be examined at the address above .
3. Mitigation measures X were, were not, made a condition of the approval of the project.
4. (EIR only) Findings X were, were not, made pursuant to CEQA Guidelines Section 15091.
k 5. w (EiR^orrly^ A Statement of Overriding Considerations X were, was not, adopted for
" this project.
It is hereby certified that the final environmental report, including comments and responses, is available to
the general public at the office of the Land Development Review Division, Fifth Floor, City Operations
Building, 1222 First Avenue, San Diego, CA 92101.
Analyst: Shearer-Nguyen Telephone: (619) 446-5369
Filed by:
Signature
Title
.'
May 14. 2007 ·
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m ont e Ue r d e
Project No. 6563
Costa Verde Hotel, LLC
6530 Costa Verde Boulevard - Office
San Diogo, CA 92122
B58 320-001B
Architect:
D e s i gn L e a d , 1 1 P ArcHtechre and Planning
Siavash Khajezadeh / Nozar Ravanbach
858 459~6t14
Civil Engineer:
Hunsaker & Associates
Dan Rehm / Ray Martin
858 558-4500
Landscape Architect:
Spurlock Poirier
Shannon Bretlhotsl
9
619 681-0090
Signage Design:
CWA Inc.
Calvin Woo /Glna Benzien
619 299-0431
o
o
o
CO
Monte Verde E leva tion Compa r ison
32/35-Story Origina l
Project
21/23-Story Project
CD
O
CO
ro
Grade levsl ·ntry at EL ·35 0.75 '
Grade level ·nt/y at EL +350.75'
Grade (·vel entry at EL ·35 1.5 0'
Grade level entry at EL ·35 2.5 0'
Monte Verde 21/23-Story and Original Project Comparison
A
Original
Project
21/23-story
Project, „..,
#of
Floors
32
22
#of
Units
178
128
Tower
sq. ft. Area
434,000
310,000
B
Original
Project
21f23-story
Project , , . ,
#or
Floors
35
23
Hof
Units
274
182
Tower
sq. fL Area
554,000
388,000
c
Original
Project
21/23-storY
, project, „,
#of
Floors
35
22^
tfof
Units
197
129
Tower sq. ft.
Area
423,000
281.000:
D
Original
Project
2ira3-story
Project, „
not
Floors
32
21.;*
not
Units
151
121
Tower
sq. ft. Area
360,000
244,000
Total
Original
Project
2i;23-story
Project, .!.„·.
v
Sot
Units
800
560
Total sq. ft.
Gross Area
1,771,000
1,223
i
000
A
A
Original
Project
21(2Mtory
Project ,
A of Parking
Levels
5
4 .
#of
Parking
388
272
B
Original
Project
21f23-slory
.Project
0 ol Parking
Levels
5
3
«0f
Parking
561
371
c
Original
Project
21/23-«tory
Project
» ol Parking
Levels
6
4
#ol
Parking
423
275
D
Original
Project
21/23-story
Project ' ,
« of Parking
Levels
6
-5
#of
Parking
482
394*
CO
cn
CD
o
CD
* Including Trophy's 139 spaces
O
I
Q.
"5
c
'5)
·J I
o
£·
5
·P
U)
CO
c9
V
Total Parking
Original
Project
21/23-ttory
Project
1,854
1,312
Heights of Surrounding Properties
EL+700'
E L+650'
EL +600'
EL +5 5 0'
EL +5 00'
EL +45 0'
EL +400'
EL +35 0'
©0 © 0 ® ©©© © ® ® ® ® ® ® ® ® ® ® ® ® (5
Monte Verde T ower s
UmiimurTi heiffhEB Induda lop archltvcturol fenEurfla (30 foftE for lower B)
Sds>.
($)m J J X Z-^
3
O
**% &
Legend
|i " " »' l 1 to 9 Storie*
iato14Storla i
^^ H 15lo19Stoiiei
I^W*I 20 to 14 Storl»»
30+ Stories
Vic ini ty Key Ma p ffsl
o
CD
CO
4 *
o
22-slofy Tower A
23-slory Tower B
MO.OCU iq . IL
ja-slory Tower C
3BI.0SS K .H
21 -story Tower D
o
o
o
CO
cn
11,000 sq. ft. usable open space
shielded common use (erracaa
wllh below 65 CNEL traffic noise level
A
45,000 sq. ft. usable open space
At grade level Indudlng 3,000 sq. ft.
shielded 41h floor common use terraces
with below 65 CNEL Irafflc noise level
L
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| tf&i
CL
T ow e r* u i J b la oe*n i p a c e i 1 i
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1UI
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BuMdlng «nd
uni l typ e i
I B i i r .
3B*TT1I
J -FW lC
i e *m
. ; B * ™
T om rD
r Bam
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T ota l U n ll i
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Outdoor Usable Open Space
(4«i B r f t n d u I M I H b t S i CNEL1
Legend
OMocr Uui i a OfHn SpK*
OWdocr 0|i«nfif>K4
COVERAGE ANALYSIS j | 1 !
ALL lO I M a FCQTAGEI CALOU11D A t OHQ53 VE A I
BLIUXNG FOaiPraMTS a c u n i c u v E t . cvE K-wa u s · m uc i c w i
[WVtW«TS
L6»a £ CPEN SPACE f d i oa i )
O M H CPEH SPACE > B M L BQUCM »Bv«Ti HI B I I
TOTAL SITE AREA
l.S! AC
1.03 AC
0 H A C
1.28 AC
tT T A C
eeooosF
-MTBQEJ
V0CO SF
5 5 000 SF
207,700 SF
1 1 1 1 '
OPEN SPACE ANALYSIS { | |
*U 1 0UU ( f O a l u x A W J L * HO *· 011034 *·«*·)
T O T A L O P E N S P A C E R E QU I R E D (PER COSTA VEI « S PE a nc PKW)
JS*Bl£ OPEN SPACE H E QunE D U U T HU H iM l IUFUCKIBEI EVIU
I tO S f f lM HS S O LmS
R UKIT. USABLE OPEN SPACE REQUPED
OTHER OPEN SPACE REOUBED 1
lO S F^nr xs oouNns
J
ER UNn. USABLE OPEN SPACE REOJIHED
tO I A L OPEN SPACE REOU1HE0 BJeua w c* K i n™ I IHEEHI
I I O S F A M I I iW LH T S
3EH UNH. OPEN SPACE BEOUIREO
TO IAL PRIVATE OPEN I PA C E REQU IRE D O AWMlTMUC E l I ' l i m i SO STAMT X SU llMTS
PER UM I . PRTVATE OPEN SPACE REQWREO
H.OOO I F
I M SF
22400 S F
40 SF
71,400 I F
140 I F
i i .oa a S F
U SF
T O T A L O P E N S P A C E PRO V I D E D
US (£LE OPEN SPACE PROVDED M u WW B O i l ta ut m w
A JQ-M
W i n Wot canrcin w r i u n (iI ia tHdl
1 DO E f n M I l MOUNTS
41.000 SF
3,000 SF
11.000 SF
PER UNIT. USABLE OPEN SPACE PROVDED
OTHEHOPENSPACE PRO VD E O ui s unH a m B -O B i F O F fw i i E F i R H i 1 1
PER UNIT, OTHER OPEN SPACE REOURED
TO IA L OPEN SPACE AREA PROVIDED
lOSSFAMTX 680 UMIS
>EH UNIT, OPEN SPACE PROVIDED
T O I A L PRIVATE OPEN SPACE PROVIDED a a LRMn nmucE l l " i i a « l
M S f n iM T i a i J lf J T S
>ER UNIT, PRIVATE OPEN SPACE PROVIDED
U.OOO I F
_
I M i r
SS.M0 SF
» ( F
111,000 »F
tta s F
29.999 BF
·9 SF
1 t i l l
INTERIOR COMMON RECREATION ANALYSIS { | 1 j
u KUUS Fa c iuc i u i a u i I i i A i a n s s uut,
T O T A L C O M M O N R E C R E A T IO N A R E A R E QU IR E D IPEB COSTA VIPDE SPECIHC PIAN
1 llO S FAHTXMO LM I S
=ER UNIT. COMMON RECREATION AREA REQUIRED
T O T A L C O M M O N R E C R E A T I O N A R E A P R O V I D E D " t I
311 PA
-or. A CHVI I I E S J U C N U E S
-CBBI E S I LO I NJE S
10 0COSF
I0.0COSP
7.000 Sf
PER UW I . INTERIOR RECREATIONICOUMDN USE AREA 1 1
1,(0(1 I F
10 I F
27.0110 I F
4» I F
· r w . , ^ , ™ ^ * , ™ ™ ™ ™ M , ™ * ™ * ^ ™ , ™ ™ ^ .
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LU m ; 4 71 a m (207.710 n U
ToU VDH U d n f l BrtA 1^21,090 ·4 9 .
FAR: i J 9
Site plan diagram
O dlgn L>M A I CMKB. U l I/3O07 dull
KJ-LJ
1
-
Monte Verde 21/23-story Project
5/11/2007
Monte Verde 21/23-storv project residential unit count and areas
T ower A
Levels
1sl
2nd
3rd
im
5 lh
6th to 16tli
17th
18lh
19th
ZOlh
21 El
22 nd -pool
Sub total
22-s
m
1
4
2
22
2
2
1
1
35
or y
2
4
2
4
44
4
4
3
1
3
71
T ota l number of uni ts
Net usa ble res identi a l s q .
Bui ld i ng gro sssq. ft.
*
E
6
6
ft.
n
1
11
1
1
1
1
16
128
189,000
310.000
T ower B
Levels
1st
2nd
3rd
4th
5 lh
61htQ 17th
18th
19th
20lh -pool
21st
22nd
23fd
Sub total
23-s
3
4
60
6
6
2
1
1
I
64
ory
A
A
48
3 .
3
3
3
S
4
77
i -
7
7
Tota l number of uni ts
Net usa ble res identi a l s q . f t
T ota l bui ld In
ggr os s s q . ft
m
1
12
1
14
182
250,000
388,000
o
o
CD
CO
T ower C 22-s tory
Levels * 5
1sl
2nd
3rd
4lh
5 th
6m to 16th
17tli
18th
19th -pool
20th
21 st
22nd
Sub total
1
4
1
1
22
2
2
3
3
3
3
4 5
1
1
3
3
33
4
4
1
1
2
1
54
t-
3
3
T ota l number of uni ts
Net usa ble res identi a l s q. ft.
T ota l bullctinq ( j roa s s q . f t
2
2
22
1
27
129
178,000
281,000
T ower D 21-s tory
Levels j j j j
1st
2nd
3rd
4th
5 th
6th lo 15 th
16th
17th
1 eth -pool
19th
20th
21 si
Sub total
4
1
3
3
20
2
2
2
2
2
2
43
3
3
3
40
4
3
1
1
2
60
T ota l number of uni ts
Net usa ble res identi a l s q .
Tota l bui ld i ng gross s q . f
E
1
2
2
f t
m
10
16
121
155 ,000
244.000
T ota l s i te
Note:
T own-homes a re 2-bedroom units
Total
to
207
m
262
|
i-
18
T ota l s i te number of uni ts
Net usa ble res identi a l s q . ft.
T ota l s i ts bui ld i ng gross s q . ft.
o
73
560
772,000
1.223,000
Design Lead Draft
Monte Verdo 21/23-8tory Project
P a r k i ng C oun t p er tow e r
Tower A
PI
Pi
P2
P3
P4
Visitors
Resident*
Raoda ia
Resldwils
KMdants
Total provldod
loUl rkqulrtd
Tower B
PI
P1
P i
PS
Vltito™
Raadanta
Katfdenta
Rstddentt
Total pfovld«d
loui rtqulrse
Tower C
PI
P1
P2
^3
t>4
VlBibn
BMiderti
RHidHita
Raddanta
Ratidanta
ToMl ptevkted
loui r ·qui ltd
T ower D
PI
PS
P3
P3
P4
P i
Visitors
Vldlcra
RetManta
Rndanta
Ratldenti
lotai provldtd
Total r»qulr*d
Total tMldHiflal ptrtlng pra vidvl
lota l nddanba l packing raquirad
Tower D (T rophy'et
Orada
PI
P i
Total provldad
Total raqultad
Regular
3!
IE
&
7:
7'
2U
2M
RegLiar
5 2
St
I H
15 4
M1
3S1
Ragiia i
Si
2;
Si
?:
7'
zei
M l
AccaaalUa
3
0
s
0
0
s
I
AceesriUa
3
C
7
C
1C
10
AccMdUa
!
C
5
(
C
1
1
Regiiar
(
(
31
M
M
07
241
M I
AccMdWa
0
C
2
5
0
c
7
7
1,14t
1.14C
Regiiar
11
82
e:
I K
I K
13
33
AcceanUe
C
6
t
&
(
Total
41
1S
ee
T2
74
777
i n
Total
5 8
sa
125
134
>71
371
Total
42
23
94
73
74
27S
275
Total
0
B
33
K
W
B7
ZS5
75 5
1,173
1.173
Total
1(
67
62
i n
131
G r a n d tota l p r ov i d e d
G r a n d tota l r eq u i r ed
1,274
1,374
36
36
1.312
1,312
P r f ltoc t rea ulred oa r td na
Build ing
a nd unit type
Towar A
1 Bdrm
2 Bdma
3 Bdnna
Total
T o** a
1B«™
2BOnnt
3 Bdnna
Total
Towar C
1 Bdrm
2Bdma
3 Bdima
Told
Towar D
1 Bdm
2 Bdnna
3B<»m.
Told
Twphy-m
ToUl lower D
Pro|a ct Tota l
T ota l
Units
11
71
ie
1ZS
64
64
14
1S2
45
5 7
27
129
43
62
16
121
580
c oun t
Number
ot C a rs
Required
72
160
40
272
147
169
35
371
7B
12B
66
2T5
75
140
40
»S
fJS
3M
1.312
M oto r c v le & b lc v c le c oun t
Tower A
TowalB
Twyer C
Tower D
T rotf /a
Total provided
Total requbed
Motorqydo
Bloyde
13 62
I t 64
IJ 63
13 5 6
( a
5 1 H S
5 1 270
<3?
Dedgn Lead, ArohileO*
Draft
ATTACHMENT f
June 20. 2006
I HonteUerde
Costa Verde Lot 12
Cosia Verde Hotel, LLC
ga g c a v * * a a tm n r i . o i to
S «D Hgil.C A C 123
c m i v i g
gW 3HH I JU
Civil Engineer
1
Hunsakef a nd Aesodsles
D rawtigs:
C-l Tfc awrt
C -l a r « l Cnsa B K a m / P ictK l S m n r r
C -3 ERB Fkn / C n ^i g H v
C -t E r i A v T om r B W UK>
C-S E O*Y! E noiT tnr E * IMp
C-7 S t* CTOH S K U n
C -l O lM v S v n r n c i r m i l i / CMa k
C-S O IMn B w w >IM m a n i a
Landscape Architect:
Architect:
D e s ign L e a d , L L P A n n u n a P M * ?
Drawings:
Spurlock Pettier
gig9 a i«ieD
Drawings:
L1.1 D ulgn Intim ind Ra i6ir!noi
L1.1 RsmHingi
L M ia ncBcv* D tielOFmrit Pun-UnH L #^
L l } um fecw* LiQffid
L i t LitdKopfl Ca lculRa rt
L17 Landicar* C^wtallwi Plvi
L19 E im j a i U f l UVD PMtfflW . Bn3B« Unf lnj
L i t E i^QimmiifO flnina AwrM»f UgJiwhBi10pgA toiMtf*g>3LgtffcTQ
L1.19 E rtvgC T v4a rE j4 i f r igG fnt*HA y*nu«F
l
n«M<D dd?ftLa i i*Q«n(]A £p fntfi
L1.11 T [r#rricni*?nlvtiA rrW fdmwivxlE lvu«Bvi
LT.17 EpIarQwnvil nl G innfls A wnr t PBMatnm Brtdpa A (p r»0 i md Landlrg
Signage Design:
CWA Inc.
Cihin W nyG xn &a<uMn
· 19IKMU31
·nHM ca M S B PUT
5 * tl i i i Errty l * 1
Stn Pttn L*«*J 1
Silt Plan LMI 3
SM Pton LivH 1
a . PW lL»v*5
E d Plvi Lr M 9 D Z m
Sua plan UVHB 7B ID Ja
SB. Ptan PM Ltiw lena
Sdt P I *. LBV I 39 tl 34
SM P«n Top I M M
A nT ilMW II S b Rool Pltn
So* Panang Pbn (Laval P ! |
S U Pining Plan (L ..« PI )
SHa PflVii] Ptoi (Laval P3}
S la Pa iWg Plvi (Laval PI)
Sta (^U f ^ Ptoi [La a l Pt)
Slla Paridng Plan tLavtf P4}
SIB Craw SacBrn ·«-»·
SHa O na i Sacdm "B-B*
& i r n m Avafaja 3I ta £la va lv i
LaJSM VBaga Dnva SIM D a mon
La Job Vla ga Dflva Padaa ran &1 a
Opan Soaa C a kcUa en
filuoov, plana
SBa FkaAcca a i Plan
S » PWi UBBD ComeOtoi
SAa nan, Towva C A D Ganaaa* Avanut Uuttiaa Conaceen
sua Plan. Tovian A 1 B C oll V v M USIHa Corwucaon
o
CD
O
CO
CO
i
o
X
m
2
Drawings:
LS1.1 Eiurtor Sign Plan
LS I ,} fa la ra Slpi PWn
VTM/PUNNED DtVELOPMENT PERMIT/GRADING PUN/GENERAL PL^N/
COMMUNITY PU\N/SITE DEVELOPMENT PERMIT/
SPECIFIC PL N AMENDMENT/EASEMENT VACATION f ^ t ^ S S
MONTE VERDE
(COSTA VERDE LOT 12) '
CITY OF SAN D IEGO, CALIFORNIA
ATTAeHMBMTPDP ffo. 6563
LEGEND
Zttf (tVW JtJH
CONSULTANT TEAM
ENGINEER
HH^UEP a ti U K i ' r a
10175 t t T - T N S *Tr
MUDrEQ), Ci « F 7 '
UNDSCAPE ARCHITECT
. . B r SVHD nlfriAL
I f $a* D'ECO.
m n s r o u rn Mr* a n f n n
SIC * JTJIrn
wc oA r t **0 f *« j i r tw i m r c .
i n i - i m
tAHl*7"'S ffajUBD *S ItXXSiJi*'.
I n r i i tHW O S a - ^ t
s n ra cci T P I t G i f t I
P&CDITM ID
1
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- rom i oi 1
C O !TO IT
3. CA U I IO
v w r x T i -
TRAFFIC
a i r e « i
ARCHfreCT
ca sm i s 5 r«B rW ( H ' PW; — -
1WSHC HrtTACE
· w i n s oniEBa ia SHOW-
PROJECT DESCRIPTION
SIGNAGE CONSULTANT
SUBDIVIDEWOWNER
a a ™ i c c c m m . , LLC
Sa* orno, ca ff i tt
ifWIF rt»P£ ( f « w « tr
m m i in < ! n a n f r t to ' u l w u n c n x w i w iuft t a " «
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r u M a u n ™ t » o » e · " " M « a o . r . w n a n * ' w c a m o ra « m a = ' ' " - « «
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1
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flworr SJP -f f , ™ m w T r « <ciTn atho n i M ca . j^ r. i*r. «r> m a a -
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j j u r r n oc * t l n r c w cr B U S
i f c . a ^ cC - ** " * *
HVUCANT
Costa Verde Hotel LLC
V*OaBh4.-£'"ct
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s w c w i i SWAM £ ' 'S ra«i"" mt m w ™ * " * t " " f l w u w r VMH OWWI i™ i
a s a a m n c u cm w i w i i / w s i m ro H i O i - o o w n - i M n - f w i . t w t i F J S ' , ^ '
LHK*9r> m a a rrr - n w UK ' /LO' r
w c r MOJU. u e
r osu m t t '
CONDOMINIUM NOTE
mis rs * i rf rr A c& ftvim itt 'f f l n tr AS tp j u u
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IMP *Cr JHT IDK ! " « » ff" JESJftWN* K N a rJ " ' ^ L
LEGAL DESCRIPTION
GENERAL NOTES
IDI I? n- O B " u m .
w * . OKSS a ji e « E « i . j / i . i m s o FT ,
« T 5 l l t « ' ' - i ^ S
w i n i c & tt f
-
i ; a " * * " ·
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J. IDJAL l tj& * V "KnOOJ LOU a
LOI i; M . n i SD. rr. / < — "c
tor s u . c a sa n . / i J J «
i l " i- j - . aw so rr / o J» ac
tor a- » . 7 7 j a ! . f r, _/ i - ' t j c . „ „
a. fwti'TJSEli rora t MarlP t>" *«SfC(«r(*< DWWJwrjAi [A 'lS i
J JtW lKt EKS'I IC « S - l - » Ml-KOD 1 0 X K iO I I 'M-W l «
f u n o t u B - i - n ( * i - w « a o i i t f t u f i o n l
I . A * * J*J-JJ0-I7
7. LM«W COAHm ra 7M-l7na
i . a tu n i T i n m im i O B i i r m a u i i n - r u a
s u c i f i c n > « e m i ' »D*t s rrci ri c * » ^
· . ffwosai LH i icra in ' CB^LKI I m u f l a s w v p t t s a i n e f " OEH
ss c v v a i r (TSBO w s / n . c AC)
·a w w w ta DMW ii r m m r m e i i r
FM DU V'C HW OUS/a. 77 K l
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r
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rear* · · · : j » ' " u f w oc s r "oiw r cr rc at*)
m r > · » · : j » t ' m i < i i o n < IVIHI r rewj
m n "D ' ; i B - w u t - o f s ' i i " " r rcaoi j
rj, n ^ Fwcrrttil m * PACZANlI (S ·^·DrJBAITLT rao iT
PUBLIC UTILITIES
rni* a SHE " (m p " r i «c r -J a n i f SK. s i f a
n - c w a . a : t i n cr s t* a i t a
CAS a o j cm i c i r r s oor
CMlt rv I F a t r w E B o a t
m t n o j : f c i n c a u l a & o t
schca . DISISFCI s m B i n o w i a >
f c m r M" DJfffl.
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m w r (EOBIB u- s w u n g cam r, tm i n , H
a i f ri f i i» re »" om E ru c" HOKIC J i ' » . ( » "
OTICM UOTB .
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u s t f v r s n f l IM" m f f s r STJ F a™ m i tt m x i m x* . / a s a r n r n f ACQS
r a f a D e m a i l i i w o u F I U m s » H 7 !< i o- u r i c m s a m a , « p *
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FB7-JJH57 y PFIC e t flfmfi. trw C afFK
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ra m i c
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n ( i r e umsLA* i F-irDaa tr
rftE>.S!l?al c r p rrtf i n H D« 5 .
r i o c S l r a o o e w ' b t W H * * ii iFinE»«r I HUKI HW w c a a s m v -
11 H U B (KL IB. I ttl - IU SS CT CFFICil « n « B . i n p c >rmF» LOU IJ " C
ia ^ m n - i o n , icffKriK rp tap nnaiT" "C. ( » ·* ' i t i ^ II* " f ' " ' i tr C" " *
a m T i ton f l i o
-
s v si ra j Dtuvrr, a *( i v, Fn«.
SPECIAL PEDESTRIAN OVERPASS NOTES:j ^
LA x t u i mL fC t e n t f a x s i a m OHWASS
0 * AfHJCAJI! (US Pw aW tO ' « " · IS ! < · O t FiBBW fial I
tC HfCPOSfp (^ vOLa a t i a a DiPW HH J i a a a OrfaPAS
envci: ID n * fTOTWD a « « D i **ITt r v * : iiaUCFL"E
1M1 i tt AT m t " O T MI H I o ' i ' J i i a t u t a i w « . w
*o( l i t« i i ( . « "CF < « - « « B J « P ' s t s w s t u n w
raxA iM: i t tttTHis fAHt ASsooAnoH's fiaw " s trw aT i r
m w u r r UOIEI >w om f* M O W OIIWH » w i w w )
i » i m « i c o i s a u m e ' WE m m r 10 M B PAMHC
sm xiw i L IWOOBE ff* *«i ica«r i m L*ia3 — —*""· "
M
«J*CI O SK · · o n a i a i cK f l
· « K n u r in M c a «™ i a t r a a n m n e w a B a ou u ;
n r ttrtsf iaAH BPOT A/O HAUP AS swaw a i « KA»»A
m m a i B * r " t n r i i c « I « « < " " t c K 3 " i r i tw s ow w
·Man MtCITDH (£WT>I Wa? lOC-UCT*
CEWSK » ttW E f rof s n oA v DIEHPJSS
1 i c w o u c a a c c m
WBUW « « " i i t x t · ·MC I t w « i w a o XCCSBM*
D1CMC IS BE a « l « r 0W T5 (HT P&tilHIAK » & x
tAAOttiti
GRADING NOTES
I 101*. u cu a i (7" SH I ID ff Dw tD 1,77 aD45. » ff" IDI*. S'FC W ^
* a iO h l ITS'IT a I If a FHK& I a J » n ™ tW I E B _( l _* « I
J. lUUfl IT QT aJO.lEC n
u a w n r r e a w r HB.OS cr
i m t i t i on a- r ' d x a v * a™™ ° T
7
« « - t . a o ¥ B<rni
am ^ - . n ^ i - " J i q rw f i aawrn fl ITTI m ' 2-1 a J T · ' " O
·. l E M i ju i w o i n a a i * u w w—Si a - ra - F ; « « . l e ' o n u i a . t r f .
EXISTING EASEMENTS AND ENCUMBRANCES
PROJECT ADDRESS-
r ffosmano" & p * r* a* i / to / or
W * SH E E T INOEX
I
£
m
5
M on te Ver d f l c c*i K «n*i»«
s r f ^nN^flXapwc ftj
cn on s /P n g f cr s v ti v tPr
CflSTmC IjFOGXAPHiC I
(irjnptf i r- ciMe n aN a i
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S f f CTDD SfCUfftJ
gTB lT tt** mPw JUWM^^PCF*! .
of fB i r n u t o u rtro^ orty s
C-1
~fe
g - a r
TYPICAL SECTION
TYPICAL SECTION
EXS im PRIVATE DRIVE ' * '
fFO U COSTA VEROE a i m , JO ESPLANADE CT.
HOI I D SCAI£ ' " ^
TYPICAL SECTION
PROPOSEO LA JOLA HIUCE CWVE'-SOElHiJir UOOFKATKIN
^ ^ C r
M^ -
P»KtD-~S
SSK! S BIB £ * ·*'
·rn>
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K S —a s s -^
3
^
TYPICAL SECTION
PROPOSED PflVATt DRIVE 'A
-
·IPgOVEWmfS AT PROCCT ntOHTACE
TYPICAL SECTION
COSTHC LA JCLLA VU.ACE DRIK
fej-s^s—-^^
31
^
TVPICALSECTION
PHOPOSED LA MLLA W1ACE DRI<£~SOEWALK UCOFICAIION
TYPICAL SECTION
EXISUNC ESPIAHAOE COURT O GENESEE AVOME
1 - ^ 1 ' ^ f i
TYPICAL SECTION
EXI S I HK COSTA i s j o e BOULEVARD
TYPICAL SECTION
E ies nuc C£WESEF A KNVE
MONTE VERDE PAflKlMQ SUMMARY
TOa^TA -qTT f—a
A U M U
· J - S T - ' - " ^
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TYPICAL SECnON
PROROSED COSTA VERDE BOULEVARD-SI0EWA1K UOOPKAROH
xSl?& tm Jrnw i ·
TYPICAL SECTION
PROPOSED CENESE AKMIE -S IOEWALK uoon c A i iO N
- or ID i tAU
^ 1
ssEsaissz
MONTE VERDE BLflLOING SUMMARY
im
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S D P /VT M /PD P NO, 6563
Costa Verds Hotel LLC
HUNSAKER
& ASSOCIATES
LEAD f t /
SHEET*
C-2
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SDP/VTM/PDP NO. 6563
SDP/VTM/PDPN0.6563
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Costa Verde Hotel LLC
CO
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PREPARED BY:
HUNSAKER
Si ASSOCIATES
Bisari
EXBTBJG TOPOGRWHC MAP
SHEET*
C-4
S D P /V T M /P D P N O . 6 5 6 3
MAP NO . -J0703
PREPARED BY;
HUN SAK ER
& A SSO C IA T E S
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SDP/ VTM/ PDP NO, 6563
MAP NO. -\0703
· ' / / . ' / A E USTO lG PAMNGS iVE LDPE TD BE RELOCATED / ^l |a )
| I PROPOSED PARKING ENVELOPE REPLACEMENT AREA A j f a )
PROPOSED PEDESTWAN/MOTOR VEHICLE EASEMENT VACATION A
|
^ PROPOSED ·HAINAGEEASEMEN7VACATION / S \
{PO RT I O N OF)
· ?i ' ' X v f PROPOSED ROAD EASEMENT (BY OTHEB|
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Z.'SEWEWMANHOLES SHALL NOT BE PLACED IN LOWPOtNTS, DRAINftGE
SWAtM.'OCJITEFlS OR ANY OTHER AREAS SUSJECt TO INUNDATION. A T
j U -' tO M T lO N S WHERE MANHOLES ABE ItSEQ-IHE MWHOLE RISES AND
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PROJECT-DATED JUNE IB. 2006 B f pEXIEHWltSClN ENQIWEEWia iNO.
2. SEWER MANHOLES SHALL NOT BE PLACED LSSctiqiros, DRAINAGE
SWALES GUTTEnSOfiA OTHER AREAS EUBJECTTO INUNDATION AT
ALL LOCAT IOS jWHa lEMANHOlES ARE USSI "WE MANHOLE PEER AfJO
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[CONCEPTUAL WETLAND REVEaETAJpFM AND MONrTORlNO PLAN, THE HDNIHJl
VERDE OFF-SHESEWERIMWIOBEMENTS BIOLOGICAL RESOURCES REPORT,
/ ! AND TyE MONTE VERDE MITISATlON MONITOraNG REPORTING
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000399
(R-2002-INSERT)
RESOLUTION NUMBER R-
ADOPTED ON
APPROVING AN AMENDMENT TO THE UNIVERSITY COMMUNITY PLAN, COSTA
VERDE SPECIFIC PLAN AND PROGRESS GUIDE AND GENERAL PLAN FOR THE
MONTE VERDE PROJECT
WHEREAS, on September 17, 2007, the City Council of the City of San Diego held a
public hearing to consider the amendments to the University Community Plan, Costa Verde
Specific Plan and Progress Guide and General Plan forthe Monte Verde project; and
WHEREAS, Costa Verde Hotel, LLC, requested an amendment to the University
Community Plan, Costa Verde Specific Plan and Progress Guide and General Plan for the
purpose of designating a 4.77 acre property from Visitor Commercial, 400-room hotel, to High
Density Residential at a.density of 45-75 dwelling units per net residential acre. The plan
amendment would increase housing opportunities within established levels of development
intensities set by the Community Plan at a location designated within University as a high
density, mixed-use urban.node; and
WHEREAS, Council Policy 600-7 provides that public hearings to consider revisions to
the Progress Guide and General Plan for the City of San Diego may be scheduled concurrently
with public hearings on .proposed community plans in order to retain consistency between said
plans, and the City Council has held such concurrent public hearings; and
WHEREAS, the Planning Commission of the City of San Diego found the proposed
amendment consistent with the Progress Guide and General Plan; and
Page 1 of2
000400
WHEREAS, the Council of the City of San Diego has considered all maps, exhibits, and
written documents contained in the file for this project on record in the City of San Diego, and
has considered the oral presentations given at the public hearing; NOW THEREFORE,
BE IT RESOLVED, by the Council of The City of San Diego, that it adopts the
amendments to the University Community Plan, Costa Verde Specific Plan and Progress Guide
and General Plan, a copy of which is on file in the office ofthe City Clerk as Document No. RR-
XXXXX, XXXXXXXX, 2007.
APPROVED: MICHAEL AGUIRRE, City Attorney
By
Deputy City Attorney
MJL:pev
INSERT Date
Or.Dept:DSD
R-2002- INSERT
Form=r-t:frm(61203 wet)
Page 2 of2
000401
(R-INSERT)
RESOLUTION NUMBER R-(to be filled in)
ADOPTED ON (to be filled in)
WHEREAS, Costa Verde Hotel, LLC, Owner/Permittee, filed an application with the
City of San Diego for a Planned Development Permit No. 10761, Site Development Permit No.
372422, and Public Right of Way Permit No. 464724 known as the Monte Verde project, to
construct a 23-story building, two 22-story buildings, and a 21-story building for a total of 560
condominium units on a 4.77 acre site with improvements in the public right-of-way and site
landscaping located at 8995 Costa Verde Boulevard, and legally described as Lot 12, Costa
Verde, according to Map No. 12045, filed April 18, 1988 and'as corrected by a certificate of
correction recorded July 23, 1993 as document 93-470224 of official records, in the University
Community Plan area, in the RS-T-.14, Parking Impact Overlay, Community Plan Implementation
Overlay "A" Zones; and
WHEREAS, on March ·15, 2007, the.'Planning Commission of the City of San Diego
considered Planned Development Permit (PDP) No. 10761, Site Development Permit (SDP) No.
372422, and/Public Right off.Way (ROW) Permit No. 464724 and pursuant to Resolution No.
4245-PC voted to recommend to the City Council to accept the project's Final Environmental
Impact Report No. 6563; Reduced Project Alternative: 21-Story, of which the maximum building
would be 21-stories and the maximum number of units would be 408; and
WHEREAS, the matter was set for public hearing on September 17, 2007, testimony
having been heard, evidence having been submitted, and the City Council having fully
considered the matter and being fully advised concerning the same; NOW, THEREFORE,
Pagel of 10
000402
BE IT RESOLVED, by the Council ofthe City of San Diego, that it adopts the following
findings with respect to PDP Permit No. 10761, SDP Permit No. 372422, and Public ROW
Permit No. 464724:
Planned Development Permit - Section 126.0604
A. Findings for all Planned Development Permits
1. The proposed development will not adversely affect the applicable land use
plan . The Monte Verde project, with the approval ofthe plan amendments to the
University Community plan and Costa Verde Specific Plan, will not adversely affect the
land use and density designations for the site. With the approval of these amendments,
the project would be consistent with the applicable land use plans. The conversion from
hotel to residential use would not represent an adverse impact as the demand for hotel
uses will be adequately accommodated elsewhere in the community. The project will
help satisfy a variety of goals ofthe applicable land use plans. The project will increase
the supply of housing in the community within walking distance of transit, shopping, and
employment opportunities. Development ofthe property would not conflict with goals
relating to topography because the project site is flat. The project site is outside Accident
Potential Zones 1 and 2 ofthe Miramar Airport Influence Area.
2. The proposed development will not be detrimental to the public health, safety,
and welfare . The proposed development includes significant improvements within the
public right-of-way in the University community. The proposed development will
construct necessary sewer and water facilities to serve the occupants ofthe development;
will incorporate construction Best Management Practices necessary to comply with
Chapter 14, Article 2, Division 1 ofthe San Diego Municipal Code; will prepare and
implement a Water Pollution Control Plan in accordance with the guidelines in Appendix
E ofthe City's Storm Water Standards; will enter into a Maintenance Agreement for the
ongoing permanent BMP maintenance; and will comply with all requirements of State
Water Resources Control Board (SWRCB) Order No. 99-08 DWQ and the Municipal
Storm Water Permit, Order No. 2001-01 (NPDES General Permit No. CAS000002 and
CAS0108758), Waste Discharge Requirements for Discharges of Storm Water Runoff
Associated With Construction Activity, will construct a pedestrian bridge across La Jolla
Village Drive, and extend wastewater improvements to Rose Canyon. All structures
constructed will be reviewed by professional staff for compliance with all relevant and
applicable building, electrical, plumbing, mechanical and fire codes to assure the
structures will meet or exceed the current regulations. The project site is outside
Accident Potential Zones 1 and 2 ofthe Miramar Airport Influence Area. Further, the
construction will be monitored and inspected in the field by certified inspectors. As such
the proposed development will not be detrimental to the public health, safety, and
welfare.
3. The proposed development will comply with the regulations ofthe Land
Development Code. The proposed development complies with all relevant regulations
Page 2 of 10
000403
ofthe Land Development Code and the Costa Verde Specific Plan. No variances or
deviations are required to approve the proposed project. Specific conditions of approval
require the continued compliance with all relevant regulations ofthe City of San Diego
effective for this site and have been written as such into Planned Development Permit No.
10761, Site Development Permit No. 372422. Development ofthe property will meet all
requirements of these regulations. Concept plans for the project identify all other
development criteria in effect for the site. All relevant regulations shall be complied with
at all times for the life ofthe project. In these ways the proposed development will
comply with the applicable and relevant regulations ofthe Land Development Code.
4. The proposed development, when considered as a whole, will be beneficial to
the community. The project will provide several significant features, amenities and
improvements in the community. The construction of a pedestrian bridge over La Jolla
Village Drive will provide safe pedestrian access to surrounding commercial/retail areas
and encouraging individuals to walk to locations nearby. The project will also enhance
an existing pedestrian bridge over Genesee Avenue. Both bridges will provide ramps
and/or an elevator, which will benefit disabled and elderly individuals and encourage
others to walk to locations nearby. Both pedestrian bridges will reduce traffic and
congestion and encourage a sense of community.
The project will provide 560 additional housing units in a community which currently has
a very low vacancy rate. As the community is almost completely developed, this project
will not cause the construction of more housing than is needed or shift growth from other
areas to this one. The city currently has a very limited supply of land designated and
zoned for multi-family housing. Increasing the housing supply will be particularly
beneficial in the University/Golden Triangle area because ofthe large and expanding
employment base in the area. The proposal will help to alleviate the shortage of
multi-family housing opportunities. Housing near the many employment sites will aid in
reducing automobile congestion, particularly during peak travel hours.
The project will also create public areas within the property to promote pedestrian
activity. A landscaped courtyard located at the end ofthe La Jolla Village Drive
pedestrian bridge will provide an urban amenity for individuals as well as a gallery space
linking La Jolla Village Drive to the central courtyard. The gallery would provide
additional space for artwork and will be designed to achieve natural lighting, create a
gathering place for the community and a place of local artistic interest. Finally, the
developer will assure construction of a fire station to serve the entire community. This
will help reduce response times and improve fire services in the community.
5. Any proposed deviations pursuant to Section 126.0602(b)(1) are appropriate
for this location and will result in a more desirable project than would be achieved if
designed in strict conformance with the development regulations ofthe applicable
zone. No specific deviations are being proposed. This Planned Development Permit is
processed as required by the Specific Plan. Being determined that the proposed project
will not require any deviations or variances and will be compliant with the requirements
ofthe Costa Verde Specific Plan and Land Development Code, the proposed project
Page 3 of 10
000404
conforms to the policies and regulations ofthe City of San Diego and represents a
desirable project for the site and the community.
Site Development Permit - Section 126.0504
A. Findings for all Site Development Permits
1. The proposed development will not adversely affect the applicable land use
plan . The proposed project will not adversely affect the University Community plan and
Costa Verde Specific Plan and has been determined to be in conformance with the
policies ofthe plan. See Finding A.l ofthe Planned Development Permit Findings
above.
2. The proposed development will not be detrimental to the public health, safety,
and welfare . The proposed development will not be detrimental to the public health,
safety, and welfare. See Finding A.2 ofthe Planned Development Permit Findings above.
3. The proposed development will comply with the applicable regulations ofthe
Land Development Code. The proposed development complies with the University
Community plan and Costa Verde Specific Plan and the Land Development Code. See
Finding A.3 ofthe Planned Development Permit Findings above.
B. Supplemental Findings—Environmentally Sensitive Lands
1. The site is physically suitable for the design and siting ofthe proposed
development and the development will result in minimum disturbance to
environmentally sensitive lands . The proposed residential development will require the
sewer pipeline replacement ofthe existing 10-inch and 12-inch diameter pipeline along
Genesee Avenue and south to Rose Canyon with a new 18-inch diameter pipeline to
provide adequate capacity for the development. The.line will be underground. Where the
line will not be under an already-developed area, it will be within other existing
easements. Intrusion near and into environmentally sensitive lands will be minimized by
reducing the access pathway and by utilizing construction techniques that minimize the
area being used. These construction techniques include locating staging and storage areas
outside drainage areas; storing excavated soils outside of all drainage areas; re-
compacting the trench to pre-construction or greater compaction density and revegetation
of disturbed areas; conducting no equipment maintenance near riparian areas; removing
spoil, trash, and debris off-site to an approved disposal facility; either conducting work
outside the raptor breeding season or having a qualified biologist inspect the trees for
nests prior to constmction; and obtaining all other necessary state and federal permits.
This is an appropriate location for the sewer line because it takes advantage of gravity
flow.
2. The proposed development will minimize the alteration of natural land forms
and will not result in undue risk from geologic and erosional forces, flood hazards,
or fire hazards . As to the sewer pipeline element ofthe development, there is already a
sewer line present in the same location for much ofthe length of line proposed, and some
Page 4 of 10
000405
ofthe length currently in an undeveloped area will be replaced with line in Genesee
Avenue. The line will be underground. Where the line will not be under an already-
developed area, it will be within other existing easements. Intrusion near and into
environmentally sensitive lands will be minimized by reducing the access pathway and by
utilizing construction techniques that minimize the area being used. These construction
techniques include locating staging and storage areas outside drainage areas; storing
excavated soils outside of all drainage areas; re-compacting the trench to pre-construction
or greater compaction density and revegetation of disturbed areas; conducting no
equipment maintenance near riparian areas; and obtaining all other necessary state and
federal permits.
3. The proposed development will be sited and designed to prevent adverse
impacts on any adjacent environmentally sensitive lands . As to the sewer pipeline
element ofthe development that necessitates this Site Development Permit for impacts to
environmentally sensitive lands, intrusion near and into environmentally sensitive lands
will be minimized by reducing the access pathway and construction techniques that
minimize the area being used. Construction techniques include locating staging/storage
areas outside drainages; storing excavated soils outside of all drainages; re-compacting
the trench to pre-construction or greater compaction density and revegetation of disturbed
areas; conducting no equipment maintenance near riparian areas; removing spoil, trash,
and any debris off-site to an approved disposal facility; either conducting work outside
the raptor breeding season or having a qualified biologist inspect the trees for nests prior
to construction; and obtaining all other necessaiy state and federal permits.
4. The proposed development will be consistent with the City of San Diego's
Multiple Species Conservation Program (MSCP) Subarea Plan. As to the sewer
pipeline element ofthe development that necessitates this Site Development Pennit for
impacts to environmentally sensitive lands, there is Diegan coastal sage scrub (Tier U),
native grassland (Tier I), and non-native grassland (Tier IIIB). Part ofthe off-site sewer
improvements falls within the Other Urban Habitat Areas at portions ofthe MHPA.
Policy #1 ofthe City's General Planning Policies and Design Guidelines, Roads and
Utilities, requires minimization of intrusion into the MHPA; Policy #3 prohibits
temporary construction areas and roads, staging areas, and permanent access roads from
disturbing habitat unless unavoidable; and Policy #4 requires that activities in wildlife
corridors avoid significant disruption of corridor usage. The sewer project will comply
with these policies by providing mitigation at or above the levels required by the MSCP;
by minimizing intrusion through maintaining a narrow access corridor; and by
construction controls including placing staging and storage areas outside the sensitive
area. A permanent 8-foot wide path is proposed to ensure maintenance access to the
manholes in Rose Canyon, but there will be no additional permanent above-ground
facilities.
5. The proposed development will not contribute to the erosion of public beaches
or adversely impact local shoreline sand supply . As to the sewer pipeline element of
the development that necessitates this Site Development Permit for impacts to
environmentally sensitive lands, the sewer improvements will not contribute to erosion of
public beaches or adversely impact local shoreline sand supply because a minimal amount
Page 5 of 10
000406
of dirt will be displaced; the access pathway will be minimized; construction techniques,
such as locating staging/storage areas outside drainages, storing excavated soils outside of
all drainages, re-compacting the trench to pre-construction or greater compaction density,
and re-vegetation will eliminate the erosion of soil and avoid any changes to sand
movement.
6. The nature and extent of mitigation required as a condition ofthe permit is
reasonably related to, and calculated to alleviate, negative impacts created by the
proposed development. As to the Monte Verde development, no particular mitigation is
being required as a condition of this permit; mitigation of impacts is required as part of
the CEQA process, and the EIR has identified that mitigation as being necessary to
mitigate the project's impacts. As to the sewer pipeline element ofthe development that
necessitates this Site Development Permit for impacts to environmentally sensitive lands,
mitigation includes the provision of replacement sensitive habitat at the ratios required by
the MSCP. Mitigation also includes constmction limitations, such as the narrowing of
pathways and storage of equipment off-site, that have been strictly limited to what is
necessary to minimize impacts. Without replacement mitigation pursuant to the MSCP,
the sewer project would have an unmitigated impact on sensitive habitat; without the
constmction limitations, the sewer project could result in the entry of constmction
equipment and personnel into areas where greater harm could occur.
C. Supplemental Findings—Environmentally Sensitive Lands Deviations
1. There are no feasible measures that can further minimize the potential adverse
effects on environmentally sensitive lands . The alignment ofthe proposed wastewater
line is designed to avoid the creation of impacts to sensitive lands to the greatest extent
possible and'still replace the existing pipe with the necessary improvement. Several
design studies were.prepared during the design phase ofthe project to evaluate ifthe
possibility existed for an alignment which would create fewer impacts to sensitive
resources and the currently proposed design was determined to create the least impact.
The existing wastewater line is required to be improved and resized to provide
wastewater service to the community.
2. The proposed deviation is the minimum necessary to afford relief from special
circumstances or conditions of the land, not of the applicant's making. The impacts
to the sensitive resources as a result of constructing a new larger wastewater line have
been determined through several design studies to be the minimum necessary to
accommodate the wastewater line and to create the least amount of impact to the sensitive
resources. The applicant has not taken any actions that would result in these impacts and
has taken all appropriate steps to assure the deviation is the minimum necessary to
construct the wastewater line.
D. Supplemental Findings—Public Right-of-Way Encroachments
1. The proposed encroachment is reasonably related to public travel, or benefits
a public purpose, or all record owners have given the applicant written permission
to maintain the encroachment on their property . The proposed encroachment wouid
Page 6 of 10
000407
allow the placement of a pedestrian bridge pursuant to the Costa Verde Specific Plan.
The bridge will both aid public travel and benefit a public purpose by allowing and
encouraging free pedestrian movement in the most urban,portion ofthe community, not
only across La Jolla Village Drive but throughout the core area by linking with other
existing bridges. This pedestrian movement is itself valuable. In addition, it will allow
people access to local employment and services without having to drive, thus helping
reduce traffic on local streets. Each of these functions also satisfies various goals ofthe
University Community Plan, such as encouraging accessibility and providing for
pedestrian needs.
2. The proposed encroachment does not interfere with the free and unobstructed
use of the public right-of-way for public travel. The proposed encroachment will be a
pedestrian bridge built above the street (La Jolla Village Drive). It will be built high
enough above the street not to interfere with vehicular travel. Similarly, its landings will
be outside the roadway so as not to interfere with vehicular travel. Sufficient space will
be provided for the landings so as not to interfere with use ofthe sidewalks; indeed, by
providing a pedestrian travel path, the bridge will assist pedestrian travel.
3. The proposed encroachment will not adversely affect the aesthetic character of
the community. The proposed encroachment will be a pedestrian bridge called for by the
Costa Verde Specific Plan. The bridge will complete a set of four bridges surrounding
the core intersection of Genesee Avenue and La Jolla Village Drive. The bridge has been
designed to integrate visually with the other three bridges and with the surrounding
buildings. The bridge will be a cable-stay bridge that is itself attractive and will help
create an entry statement into the core ofthe community.
4. The proposed encroachment does not violate any other Municipal Code
provisions or other local, state, or federal law. The proposed encroachment will not
violate any law. The pedestrian bridge will comply with all uniform building code
requirements. The bridge and its access will comply with all accessibility requirements,
including providing an elevator for access. The bridge will be high enough above the
street (La Jolla Village Drive) so as not to interfere with vehicular travel. Because the
area has already been developed with a street and sidewalks, the encroachment will not
harm any endangered species or habitat.
5. For coastal development in the coastal overlay zone, the encroachment is
consistent with Section 132.0403 (Supplemental Use Regulations ofthe Coastal
Overlay Zone). The proposed encroachment is outside the Coastal Overlay Zone, so this
finding is not applicable.
F. Supplemental Finding—Important Archaeological Sites and Traditional Cultural
Properties
1. The site is physically suitable for the design and siting ofthe proposed
development, the development will result in minimum disturbance to historical
resources, and measures to fully mitigate for any disturbance have been provided by
the applicant. The location ofthe proposed sewer line replacement project is determined
Page 7 of 10
000408
by the location ofthe existing Rose Canyon Interceptor (Interceptor) and the existing
sewer which is being replaced as a part ofthe Monte Verde project. The current 10-inch
diameter pipeline needs to be replaced with an 18-inch diameter pipeline because it will
soon exceed the design capacity of a 10-inch pipeline. Replacing the sewer line along its
present alignment would not comply with City policy to locate sewer lines outside of
drainage courses. The current pipeline runs down a tributary drainage course leading to
Rose Canyon. Majority ofthe replacement sewer pipeline will be within the Genesee
Avenue. However, as the alignment approaches the Genesee Avenue bridge, it must
leave the road to connect with the Rose Canyon Interceptor
Although extending the sewer line to the Interceptor on the east side ofthe tributary
drainage course near the Genesee Avenue bridge would reduce potential impacts on the
known archaeological site (SDI-12556), several engineering considerations preclude this
alternate alignment. As background information, it should be noted that a second 10-inch
sewer line (hereinafter referred to as the east/west line) connects on the north side ofthe
tracks with the 10-inch sewer line to be replaced (hereinafter referred to as the
north/south line). There the flow from the east/west line travels through the existing
north/south line to the Interceptor.
Because ofthe east/west sewer line, locating the proposed 18-inch north/south sewer line
east ofthe drainage course is problematic because the sewage from this east/west sewer
line would have to either be extended further east to connect with the easterly location for
the new north/south line or, continue to flow down the segment ofthe existing
north/south 10" line beneath the railroad tracks. The first option is infeasible because the
new north/south sewer line would have to be constmcted 40-50 feet below the proposed
grade to allow the flow from the east/west line to flow by gravity to the new north/south
line. This depth of constmction is not feasible because it would represent a servicing
hazard due to the deep manhole access that would result.
The second option is also infeasible. This option would require retaining the portion of
the north/south sewer line which extends beneath the tracks along with the connection
point to the Interceptor to allow the flow from the east/west to continue to reach the
Interceptor. Retention ofthe existing line beneath the tracks would not achieve the
overall City goal of removing sewer lines from drainages. In addition, this option would
result in two parallel facilities in the area consisting ofthe portion ofthe existing,
north/south 10-inch line and the proposed north/south 18-inch located east ofthe
drainage.
The proposed sewer replacement would result in minimal impacts to the known extent of
SDI-12556. The disturbance would be limited to an area covering less than 200 square
feet which represents the minimal trench width needed to install the line from the railroad
tracks to the Interceptor. In order to minimize potential impacts on SDI-12556, should it
extend beneath the railroad tracks, the new north/south sewer line would be installed
beneath the railroad tracks using a jack and bore technique. This technique would place
the line at least 15 feet below the surface which would minimize impacts to SDI-12556,
in the event the site extends northerly beneath the railroad tracks, because previous
Page 8 of 10
000409
testing ofthe site determined that subsurface deposits do not extend below a depth of 3
feet beneath the surface.
In addition to minimizing the disturbance of SDI-12556, the applicant will be required to
conduct an Archaeological Research Design and Data Recovery Program which will
include sampling up to 15 percent ofthe area to be impacted. In addition, an
archaeologist will be required to monitor all grading and earthmoving activities during
constmction for the offsite sewer improvement within the vicinity of CA-SDI-12556.
Analysis of artifacts and ecofacts recovered during monitoring will be included in a final
report submitted to the City.
2. All feasible measures to protect and preserve the special character or the
special historical, architectural, archaeological, or cultural value ofthe resource has
been provided by the applicant SDI-12556 is a prehistoric, small seasonal camp
consisting of buried midden containing artifacts consisting of manos, stone tools, cores,
debitage and pottery. Previous testing ofthe site has resulted in the collection of surface
artifacts. As a result, the value ofthe site is related to the potential for subsurface
artifacts to contribute to the overall knowledge of prehistoric cultures.
As indicated in Site Development Permit Finding F.L, the new sewer line would have
minimal impact on the subsurface artifacts. Where impacts cannot be avoided, an
extensive mitigation and monitoring program will be implemented. This mitigation
program will assure that any resources impacted by. constmction would be properly
evaluated before disturbance occurs. As the site lies within the open space portion of
Rose Canyon, the value ofthe site would be preserved after the sewer line installation has
been completed. The project's prepared permit conditions and mitigation requirements
identified in EIR No. 6563 will minimize impacts to SDI-12556 and therefore, all feasible
measure have been provided to protect and preserve the site.
The above findings are supported by the minutes, maps and exhibits, all of which are herein
incorporated by reference.
BE IT FURTHER RESOLVED, that the recommendation ofthe Planning Commission is
sustained, and Planned Development Permit No. 10761, Site Development Permit No. 372422,
and Public Right of Way Permit No. 464724 is granted to Costa Verde Hotel, LLC,
Owner/Permittee, under the terms and conditions set forth in the permit attached hereto and made
a part hereof.
Page 9 of 10
000410
APPROVED: MICHAEL AGUIRRE, City Attorney
By
Deputy City Attorney
ATTY/SEC. INITIALS
DATE
Or.DeptClerk
R-INSERT
Form=permitr.frm(61203 wet)
Reviewed by Tim Daly
Page 10 of 10
000411
PLANNING COMMISSION RESOLUTION NO. 4245-PC
RECOMMENDING TO THE CITY COUNCIL ACCEPTANCE OF THE FINAL
ENVIRONMENTAL IMPACT REPORT NO. 6563 REDUCED PROJECT ALTERNATIVE:
21-STORY AND RESOLUTIONS AMENDING THE PROGRESS GUIDE AND GENERAL
PLAN, THE UNIVERSITY COMMUNITY PLAN, AND THE COSTA VERDE SPECIFIC
PLAN NO. 10763, AND GRANT EASEMENT VACATION NO. 372423, PUBLIC RIGHT-
OF-WAY VACATION NO. 372426, VESTING TENTATIVE MAP NO. 372429, PLANNED
DEVELOPMENT PERMIT NO. 10761 AND SITE DEVELOPMENT PERMIT NO. 372422
WHEREAS, on March 15, 2007, the Planning Commission of the City of San Diego held a
public hearing for the purpose of considering and recommending to the Council of The City of
San Diego approval of the resolutions amending the Progress Guide and General Plan, the
University Community Plan, and the Costa Verde Specific Plan No. 10763, and grant Easement
Vacation No. 372423, Public Right-of-way Vacation No. 372426, Vesting Tentative Map No.
372429, Planned Development Permit No. 10761 and Site Development Pennit No. 37242254;
and
WHEREAS, COSTA VERDE HOTEL, LLC, Owner and Permittee, requested an amendment to
the Progress Guide and General Plan, the University Community Plan, and the Costa Verde
Specific Plan No. 10763, and an Easement Vacation No. 372423, Public Right-of-way Vacation
No. 372426, Vesting Tentative Map No. 372429, Planned Development Permit No. 10761 and a
Site Development Pennit No. 372422 to allow the development of two 35 story towers and two
32 story towers with a total of 800 condominium units on a 4.77 acre site at 8995 Costa Verde
Boulevard in the University Community Plan area; and
WHEREAS, the Planning Commission ofthe City of San Diego has considered all maps,
exhibits, and written documents contained in the file for this project on record in the City of San
Diego, and has considered the oral presentations given at the public hearing; NOW
THEREFORE,
BE IT RESOLVED, by the Planning Commission of the City of San Diego that it hereby
recommends the City Council accept the project's Final Environmental Impact Report No. 6563,
Reduced Project Alternative: 21 -Story, of which the maximum building would be 21-stories and
the maximum number of units would be 408.
FURTHERMORE, the Planning Commission is unable to find the extraordinary benefit that
allows the Planning Commissioners to make the Statement of Overriding Considerations for the
project as defined by the applicant. The Commissioners recognize that the 21-story "Reduced
Project Alternative" discussed in the Final Environmental Impact (FEIR) reduces the cumulative
and unmitigable impacts; however, the Commissioners acknowledge that there remains a
significant unmitigated negative impact of which the findings of overriding consideration for this
"reduced alternative" cannot be made.
The Motion made by Commissioner Ontai, second by Commissioner Garcia. Passed by a 4-1-2
000412
vote with Commissioner Naslund voting NAY, Commissioner Griswold not presenl, and one
vacanc
1
Tim Daly ( /
Development Project Manager
Development Services Department
Dated: March 15,2007
000413
EXHIBIT A
MITIGATION MONITORING AND REPORTING PROGRAM
PROGRESS GUIDE AND GENERAL PLAN, THE UNIVERSITY COMMUNITY PLAN,
AND THE COSTA VERDE SPECIFIC PLAN AMENDMENT NO. 10763, VESTING
TENTATIVE MAP NO. 372429, EASEMENT VACATION NO. 372423, PUBLIC RIGHT-
OF-WAY VACATION NO. 372426, PLANNED DEVELOPMENT PERMIT NO. 10761,
SITE DEVELOPMENT PERMIT NO. 372422, AND PUBLIC RIGHT OF WAY PERMIT
NO. 464724
Project No. 6563
This Mitigation Monitoring and Reporting Program is designed to ensure compliance with Public
Resources Code Section 21081.6 during implementation of mitigation measures. This program
identifies at a minimum: the department responsible for the monitoring, what is to be monitored,
how the monitoring shall be accomplished, the monitoring and reporting schedule, and
completion requirements. A record of the Mitigation Monitoring and Reporting Program will be
maintained at the offices of the Land Development Review Division, 1222 First Avenue, Fifth
Floor, San Diego, CA 92101. All mitigation measures contained in the Mitigated Negative
Declaration No.6624) shall be made conditions of the VESTING TENTATIVE MAP NO.
372429, EASEMENT VACATION NO. 372423, PUBLIC RIGHT-OF-WAY VACATION
NO. 372426, PLANNED DEVELOPMENT PERMIT NO. 10761, SITE DEVELOPMENT
PERMIT NO. 372422, AND PUBLIC RIGHT OF WAY PERMIT NO. 464724 as may be
further described below.
GENERAL
Prior to the issuance of a Notice to Proceed (NTP) or any permits, including but not limited to,
the first Grading Permit, Demolition Plans/Permits and Building Plans/Permits, the Assistant
Deputy Director (ADD) environmental designee of the City's Land Development Review
Division (LDR) shall verify that the following statement is shown on the grading and/or
constmction plans as a note under the heading Environmental Requirements: "MONTE VERDE"
is subject to a Mitigation, Monitoring and Reporting Program and shall conform to the mitigation
conditions as contained in the Environmental Impact Report Number 6563."
Prior to the issuance of a Notice to Proceed (NTP) or any constmction permits, including but not
limited to, the first Grading Permit, Demolition Plans/Permits and Building Plans/Permits, which
ever is applicable, the owner/permittee shall make arrangements to schedule a preconstmction
meeting (precon meeting) to ensure implementation of the Mitigation Monitoring and Reporting
Program (MMRP). The meeting shall include the Resident Engineer (RE), Principal Qualified
Biologist (PQB) biologist, monitoring archaeologist, monitoring paleontologist, and staff from
the City's Mitigation Monitoring Coordination (MMC) Section.
TRAFFIC AND CIRCULATION
Constmction of intersection improvements identified in Table 5.2-19 would reduce project
impacts to below a level of significance. As illustrated in Table 5.2-19, the mitigation required
000414
of the project would be dependent upon the status of Regents Road and Genesee Avenue
Widening. As identified in Table 5.2-19, different improvements would be required if Regents
Road and Genesee Avenue Widening are not completed pursuant to the Community Plan.
Constmction of freeway ramp metering improvements or payment of a fair share contribution
would reduce project freeway ramp impacts but not to below a level of significance.
Mitigation Measure 5.2-1: Prior to the issuance of the first building permit (exclusive of a
building pennit to construct a foundation for the parking garage for the first and second towers),
the developer shall construct or otherwise assure, by permit and bond, all intersection
improvements identified in Table 5.2-19.
Mitigation Measure 5.2-2: Prior to the issuance of the first building permit (exclusive of a
building permit to constmct a foundation for the parking garage for the first and second towers),
the developer shall assure, by permit and bond, constmction or a fair share payment for freeway
ramp meter improvements identified in Table 5.2-19.
VISUAL EFFECTS/NEIGHBORHOOD CHARACTER
If the retaining wall option is selected to constmct the offsite sewer improvement, the following
mitigation measure would reduce impacts but not to below a level of significance:
Mitigation Measure 5.3-1: The retaining wall shall be constmcted out of earth-tone materials
and additional tall-growing vegetation shall be planted on either side ofthe wall to soften its
appearance, as required by the Conceptual Wetland Revegetation Plan (included in Appendix H).
In addition, the retaining wall for the tum-around area would be earth-tone and plantable, as
required by the Conceptual Wetland Revegetation Plan. All planting materials shall be subject to
approval by DSD and the Park and Recreation Department.
Ifthe manufactured fill option is selected to construct the offsite sewer improvement, the
following mitigation measure would reduce impacts but not to below a level of significance:
Mitigation Measure 5.3-2: The slopes shall be planted with native vegetation including coastal
sage scrub, as required by the Conceptual Wetland Revegetation Plan (included in Appendix H).
In addition, the retaining wall for the tum-around area would be earth-tone and plantable, as
required by the Conceptual Wetland Revegetation Plan. All planting materials shall be subject to
approval by DSD and the Park and Recreation Department.
PUBLIC FACILITIES AND SERVICES
The following mitigation measures would reduce the direct impact of the Project on local landfill
capacity to below a level of significance.
Mitigation Measure 5.4-1: As required by the City of San Diego, the developer shall provide
exterior areas in which to store trash and recyclable materials, in compliance with Municipal
Code 101.2001.
Mitigation Measure 5.4-2: Prior to the issuance of a grading pennit, the applicant shall receive
approval from the Assistant Deputy Director (ADD) that a Waste Management Plan has been
000415
prepared, approved by the ESD, and implemented for the project. Also prior to the issuance of
the grading pennit, the applicant shall submit evidence to the ADD that the final
Demolition/Construction report has been approved by Mitigation Monitoring Coordination
(MMC) and ESD. This report shall summarize the results of implementing the above Waste
Management Plan elements, including: the actual waste generated and diverted from the projecl,
the waste reduction percentage achieved, and how that goal was achieved, etc.
Mitigation Measure 5.4-3: Al least thhty days prior to beginning any work on the site,
demolition and/or grading, for the implementation ofthe MMRP, the Permittee is responsible to
anange a Precon Meeting that shall include: the Constmction Manager or Grading Contractor,
MMD, and ESD and the Resident Engineer (RE).
· At the Precon Meeting, the Permittee shall submit three (3) - reduced copies (11 x 17) of the
approved waste management plan, to MMC (2) and ESD (1).
· Prior to the start of demolition, the Permittee/the Constmction Manager shall submit a
constmction schedule to MMC and ESD.
Mitigation Measure 5.4-4: The Permittee/Construction Manager shall call for inspections by
both MMC and ESD who will periodically visit the constmction site to verify implementation of
the waste management plan.
Mitigation Measure 5.4-5: After completion of the MMRP, a final results report shall be
submitted to MMC.
Mitigation Measure 5.4-6: Prior to the issuance of any permit, including but not limited to a
grading or other constmction permit, the ADD shall verify that all the requirements of the waste
management plan have been shown and/or noted on the Demolition and/or Grading Plans
(constmction documents).
1) Prior to issuance of a demolition pennit for the demolition of the existing western ramp of
the Genesee Avenue pedestrian bridge, the permittee shall be responsible to anange a
preconstmction meeting. This meeting shall be coordinated with MMC to verify that
implementation ofthe waste management plan shall be performed in compliance with the
plan approved by LDR and the San Diego ESD.
2) The plan (constmction documents) shall include the following elements for grading,
, constmction, and occupancy phases of the project as applicable:
a) Tons of waste anticipated to be generated,
b) Materia] type of waste to be generated,
c) Source separation techniques for waste generated,
d) How materials will be reused onsite,
e) Name and location of recycling, reuse, or landfill facilities where waste will be taken if
not reused onsite.
f) A "buy recycled" program,
g) How the project will aim to reduce the generation of construction/demolition debris,
000416
h) A plan of how waste reduction and recycling goals will be communicated to
subcontractors, and
i) A time line for each of the three main phases of the project as stated above.
1) The plan shall strive for a goal of 50% waste reduction.
2) The plan shall include specific performance measures to be assessed upon the completion of
the project to measure success in achieving waste minimization goals. The Permittee shall
notify MMC and ESD when:
a) A constmction permit is issued.
b) When constmction begins.
c) The permittee shall anange for progress inspections, and a final inspection, as specified in
the plan and shall contact both MMC and ESD to perform these periodic site visits during
constmction to inspect the progress ofthe project's waste diversion efforts. Notification
shall be sent to:
MMC
Mitigation Monitoring Coordination
9601 Ridgehaven Ct.
Suite 320, MS 1102B
San Diego, CA 92123-1636
(619)980-7122
Environmental Services Department
9601 Ridgehaven Ct.
Suite 320, MS 1102B
San Diego, CA 92123-1636
(858)492-5010
a) When Demolition ends.
1) Prior to the issuance of a grading permit, the applicant shall receive approval from the ADD
that the waste management plan has been prepared, approved, and implemented. Also prior
to the issuance of the grading permit, the applicant shall submit evidence to the ADD that the
final Demolition/Construction report has been approved by MMC and ESD. This report shall
summarize the results of implementing the above Waste Management Plan elements,
including: the actual waste generated and diverted from the project, the waste reduction
percentage achieved, and how that goal was achieved, etc.
Preconstmction Meeting
1) At least thirty days prior to beginning any work on the site, demolition and/or grading, for the
implementation ofthe MMRP, the Permittee is responsible to anange a Preconstmction
Meeting that shall include the: Constmction Manager or Grading Contractor; MMC and ESD
and the RE, if there is an engineering permit.
2) At the Preconstmction Meeting, the Permittee shall submit 3 reduced copies (11 x 17") ofthe
approved waste management plan, to MMC (2) and ESD (1).
3) Prior to the start of demolition, the Permittee/Constmction Manager shall submit a
construction schedule to MMC and ESD.
During Constmction
The Permittee/Constmction Manager shall call for inspections by both MMC and ESD who will
periodically visit the constmction sile to verify implementation of the waste management plan.
000417
Post Constmction
1) After completion of the implementation of the MMRP, a final results report shall be
submitted to MMC to coordinate the review by the ADD and ESD.
2) Prior to final clearance of any demolition permit, issuance of any grading or building permit,
release of the grading bond and/or issuance of Certificate of Occupancy, the applicant shall
provide documentation that the ADD of LDR and the ESD, that the waste management plan
has been effectively implemented.
PALEONTOLOGICAL RESOURCES
Potential impacts to paleontological resources would be reduced to below a level of significance
through implementation of the following mitigation measure.
Mitigation Measure 5.5-1: The following shall be implemented:
I. Prior to Permit Issuance
A. Land Development Review (LDR) Plan Check
1. Prior to Notice to Proceed (NTP) for any constmction permits, including but not
limited lo, the first Grading Permit, Demolition Plans/Permits and Building
Plans/Permits, but prior to the first preconstmction meeting, whichever is
applicable^ the Assistant Deputy Director (ADD) Environmental designee shall
verify that the requirements for Paleontological Monitoring have been noted on
the appropriate constmction documents.
B. Letters of Qualification have been submitted to ADD
1. The applicant shall submit a letter of verification to Mitigation Monitoring
Coordination (MMC) identifying the Principal Investigator (PI) for the project and
the names of all persons involved in the paleontological monitoring program, as
defined in the City of San Diego Paleontology Guidelines.
2. MMC will provide a letter to the applicant confirming the qualifications of the PI
and all persons involved in the paleontological monitoring ofthe project.
3. Prior to the start of work, the applicant shall obtain approval from MMC for any
personnel changes associated with the monitoring program.
IL Prior to Start of Construction
A. Verification of Records Search
1. The PI shall provide verification to MMC that a site specific records search has
been completed. Verification includes, but is not limited to a copy of a
confirmation letter from San Diego Natural History Museum, other institution or,
if the search was in-house, a letter of verification from the PI stating that the
search was completed.
2. The letter shall introduce any pertinent information concerning expectations and
probabilities of discovery during trenching and/or grading activities.
B. PI Shall Attend Precon Meetings
1. Prior to beginning any work that requires monitoring, the Applicant shall anange
000418
a Precon Meeting that shall include the PI, Constmction Manager (CM) and/or
Grading Contractor, Resident Engineer (RE), Building Inspector (BI), if
appropriate, and MMC. The qualified paleontologist shall attend any
grading/excavation related Precon Meetings to make comments and/or
suggestions concerning the Paleontological Monitoring program with the
Constmction Manager and/or Grading Contractor,
a. Ifthe PI is unable to attend the Precon Meeting, the Applicant shall schedule a
focused Precon Meeting with MMC, the PI, RE, CM or BI, if appropriate,
prior to the start of any work that requires monitoring.
2. Identify Areas to be Monitored
Prior to the start of any work that requires monitoring, the PI shall submit a
Paleontological Monitoring Exhibit (PME) based on the appropriate constmction
documents (reduced to 11x17) to MMC identifying the areas to be monitored
including the delineation of grading/excavation limits. The PME shall be based on
the results of a site specific records search as well as information regarding existing
known soil conditions (native or formation).
3. When Monitoring Will Occur
a. Prior to the start of any work, the PI shall also submit a constmction schedule
to MMC through the RE indicating when and where monitoring will occur.
b. The PI may submit a detailed letter to MMC prior to the start of work or
during constmction requesting a modification to the monitoring program. This
request shall be based on relevant infonnation such as review of final
constmction documents which indicate conditions such as depth of excavation
and/or site graded to bedrock, presence or absence of fossil resources, etc.,
which may reduce or increase the potential for resources to be present.
III . During Construction
A. Monitor Shall be Present During Grading/Excavation/Trenching
1. The monitor shall be present full-time during grading/excavation/trenching
activities as identified on the PME that could result in impacts to formations with
high and moderate resource sensitivity. The Construction Manager is
responsible for notifying the RE, PI, and MMC of changes to any
construction activities.
2. The monitor shall document field activity via the Consultant Site Visit Record
(CSVR). The CSVR's shall be faxed by the CM to the RE the first day of
monitoring, the last day of monitoring, monthly (Notification of Monitoring
Completion), and in the case of ANY discoveries. The RE shall forward copies
to MMC.
3. The PI may submit a detailed letter to MMC during constmction requesting a
modification to the monitoring program when a field condition such as trenching
activities that do not encounter formational soils as previously assumed, and/or
when unique/unusual fossils are encountered, which may reduce or increase the
potential for resources to be present.
B. Discovery Notification Process
1. In the event of a discovery, the Paleontological Monitor shall direct the contractor
to temporarily divert trenching activities in the area of discovery and immediately
notify the RE or BI, as appropriate.
2. The Monitor shall immediately notify the PI (unless Monitor is the PI) of the
000419
discovery.
3. The PI shall immediately notify MMC by phone of the discovery, and shall also
submit written documentation to MMC within 24 hours by fax or email with
photos of the resource in context, if possible.
C. Determination of Significance
1. The PI shall evaluate the significance ofthe resource.
a. The PI shall immediately notify MMC by phone to discuss significance
determination and shall also submit a letter to MMC indicating whether
additional mitigation is required. The determination of significance for fossil
discoveries shall be at the discretion ofthe PI.
b. If the resource is significant, the PI shall submit a Paleontological Recovery
Program (PRP) and obtain written approval from MMC. Impacts to
significant resources must be mitigated before ground disturbing activities in
the area of discovery will be allowed to resume.
c. If resource is not significant (e.g., small pieces of broken common shell
fragments or other scattered common fossils) the PI shall notify the RE, or BI
as appropriate, that a non-significant discovery has been made. The
Paleontologist shall continue to monitor the area without notification to MMC
unless a significant resource is encountered.
d. The PI shall submit a letter to MMC indicating that fossil resources will be
collected, curated, and documented in the Final Monitoring Report. The letter
shall also indicate that no further work is required.
IV. Night Work
A. If night work is included in the contract
1. When night work is included in the contract package, the extent and timing shall
be presented and discussed at the precon meeting.
2. The following procedures shall be followed.
a. No Discoveries
In the event that no discoveries were encountered during night work, The PI
shall record the information on the CSVR and submit to MMC via fax by 9am
the following morning, if possible.
b. Discoveries
All discoveries shall be processed and documented using the existing
procedures detailed in Sections HI - During Constmction.
c. Potentially Significant Discoveries
Ifthe PI determines that a potentially significant discovery has been made, the
procedures detailed under Section HI - During Construction shall be followed.
d. The PI shall immediately contact MMC, or by SAM the following morning to
report and discuss the findings as indicated in Section III-B, unless other
specific anangements have been made.
B. If night work becomes necessary during the course of constmction
1. The Constmction Manager shall notify the RE, or BI, as appropriate, a minimum
of 24 hours before the work is to begin.
2. The RE, or BI, as appropriate, shall notify MMC immediately.
C. All other procedures described above shall apply, as appropriate.
V. Post Construction
$0-0420
, A. Submittal of Draft Monitoring Report
1. The PI shall submit two copies of the Draft Monitoring Report (even if negative)
which describes the results, analysis, and conclusions of all phases of the
Paleontological Monitoring Program (with appropriate graphics) to MMC for
review and approval within 90 days following the completion of monitoring,
a. For significant paleontological resources encountered during monitoring, the
Paleontological Recovery Program shall be included in the Draft Monitoring
Report.
b. Recording Sites with the San Diego Natural History Museum
The PI shall be responsible for recording (on the appropriate forms) any
significant or potentially significant fossil resources encountered during the
Paleontological Monitoring Program in accordance with the City's
Paleontological Guidelines, and submittal of such forms to the San Diego
Natural History Museum with the Final Monitoring Report.
2. MMC shall return the Draft Monitoring Report to the PI for revision or, for
preparation of the Final Report.
3. The PI shall submit revised Draft Monitoring Report to MMC for approval.
4. MMC shall provide written verification to the PI of the approved report.
5. MMC shall notify the RE or BI, as appropriate, of receipt of all Draft Monitoring
Report submittals and approvals.
B. Handling of Fossil Remains
1. The PI shall be responsible for ensuring that all fossil remains collected are
cleaned and catalogued.
2. The PI shall be responsible for ensuring that all fossil remains are analyzed to
ideniify function and chronology as they relate to the geologic history ofthe area;
that faunal material is identified as to species; and that specialty studies are
completed, as appropriate
C. Curation of fossil remains: Deed of Gift and Acceptance Verification
1. The PI shall be responsible for ensuring that all fossil remains associated with the
monitoring for this project are permanently curated with an appropriate institution.
2. The PI shall include the Acceptance Verification from the curation institution in
the Final Monitoring Report submitted to the RE or BI and MMC.
D. Final Monitoring Report(s)
1. The PI shall submit two copies of the Final Monitoring Report to MMC (even if
negative), within 90 days after notification from MMC that the draft report has
been approved.
2. The RE shall, in no case, issue the Notice of Completion until receiving a copy of
the approved Final Monitoring Report from MMC which includes the Acceptance
Verification from the curation institution.
NOISE
The following mitigation measure would reduce the noise impacts of the project, as conditioned,
to below a level of significance.
Mitigation Measure 5.6-1: Prior to issuance of a building permit, an acoustical study shall be
conducted to determine the appropriate barrier design and height to achieve noise levels below
65 dB(A) CNEL within designated ground level recreation areas illustrated in Figure 5.6-4 ofthe
000421
EIR. Prior to issuance of a certificate of occupancy for any tower containing designated outdoor
open space, an acoustical engineer or equivalent shall confirm to the ADD that the noise
attenuation identified in the acoustical analysis is in place and that it reduces exterior noise levels
to below a level of significance. If it does not, additional noise attenuation measures shall be
implemented to the satisfaction of the ADD to assure exterior noise levels are below 65 dB(A).
BIOLOGICAL RESOURCES
The following mitigation measures would reduce the impacl of the offsite sewer improvement on
sensitive habitats to below a level of significance.
Mitigation Measure 5.7-1: Prior to the issuance of the first grading permit for the offsite sewer
improvement, the owner/Permittee shall make a contribution to the City's Habitat Acquisition
Fund to compensate for impacts to Tier I, II and IHB upland habitat, based on the mitigation
requirements specified in Tables 5.7-3A or 3B, as applicable. The contribution shall be based on
a fee of $25,000 per acre plus a 10 percent administrative fee.
Mitigation Measure 5.7-2: Prior to the issuance of the first grading permit for the offsite sewer
improvement and/or the first pre-constmction meeting, the owner/permittee shall submit
evidence to the ADD of LDR verifying that a qualified biologist has been retained to implement
the biological resources mitigation program as detailed below (see 1 through 4):
1. Prior to the first pre-constmction meeting, the applicant shall hire and submit for approval
a letter verifying the qualifications of the biological professional to MMC and the ADD
of LDR. This letter shall identify the Qualified Projecl Biologist (QPB) and Qualified
Biological Monitor (QBM), where applicable, and the names of all other persons
involved in the implementation of the revegetation/restoration plan and biological
monitoring program, as they are defined in the City of San Diego Biological Review
Process.
2. At least thirty days prior to the pre-constmction meeting, a second letter shall be submitted to
the ADD of LDR which includes the name and contact information of the Biologist and
the names of all persons involved in the biological monitoring of the project.
3. At least thirty days prior to the pre-constmction meeting, the qualified biologist shall
verify that any special reports, maps, plans and time lines, such as but not limited to,
revegetation plans, plant relocation requirements, avian or other wildlife protocol surveys,
impact avoidance areas or other such information has been completed and updated.
4. The QBP shall attend the first preconstmction meeting.
000422
TABLE 5.7-3A
Mitigation Ratios for Upland Vegetation Communities Assuming Applicant Creates
Construction Access from the South
\M, 1 IMION IMI'U [ \< R! \f. l Ml lK .MION R \ l l ( > I d l M MlIK \ 1 ION
( (IMMI S i n ' \ i M s '
|l UlsDK MONM
I lMtl lM
INSIDI ()[ IS1|)1 INMDI O l IsMil
\ifip\ MIII '\ \mi '\ \ I I IP\
Option 2A
Native Grassland
Diegan Coastal Sage
Scrub
Diegan Coastal Sage
Scrub
Diegan Coastal Sage
Scrub
Non-native Grassland
Non-native Grassland
Option 2A Total
0.00
0.00
0.02
0.03
0.00
0.28
0.33
0.01
0.06
0.00
0.00
0.02
0.00
0.09
1:1
1:1
1:1
2:1
1.5:1
2:1
2:1
0.5:1
1:1
t^ te- t^t sot
1:1
1.5:1
0.01/0.02
0.06/0.09
0.02/0.4
0.06
0.01/0.02
0.28/0.42
0.44/0.65
2
Option 2B(1) |
Native Grassland
Diegan Coastal Sage
Scrub
Diegan Coastal Sage
Scrub
Diegan Coastal Sage
Scmb
Non-native Grassland
Non-native Grassland
Option 2B(1) Total
0.00
0.00
0.02
0.03
0.00
0.28
0.33
0.01
0.06
0.00
0.00
0.02
0.00
0.09
1:1
1:1
1:1
2:1
1.5:1
2:1
2:1
0.5:1
1:1
1:1
1.5:1
0.01/0.02
0.06/0.09
0.02/0.4
0.06
0.0V0.02
0.28/0.42
0.46/0.65
2
Option 2B(2) |
Native Grassland
Diegan Coastal Sage
Scmb
Diegan Coastal Sage
Scmb
Diegan Coastal Sage
Scmb
Non-native Grassland
Non-native Grassland
Option 2B(2) Total
0.00
0.00
0.04
0.03
0.00
0.31
0.38
0.01
0.09
0.00
0.00
0.02
0.00
0.12
1:1
1:1
1:1
2:1
1.5:1
2:1
2:1
2
0.5:1
1:1
1:1
1.5:1
0.01/0.02
0.09/0.14
0.04/0.08
0.06
0.01/0.02
0.31/0.47
0.52/0.79
2
000423
1
First number represents mitigation requirement if all occurs inside the MHPA/Second number represents total if all mitigation
occur outside the MHPA.
2
Includes 0,06 acres required to compensate for impacis lo 0.03 acres of Diegan coastal sage scrub which was previously
restored. This mitigation is required to occur within the MHPA.
TABLE 5.7-3B
Mitigation Ratios for Upland Vegetation Communities Assuming City Creates
Construction Access from the South
\ K.I I UION \\U'\< 1 \ ( Kl \( I MllK.MION RMIO 1(11 \l MllK.MION
( OMMI Mi l \( Ki s'
Ji msim IIOWI
IIXKII M
iNslDI Ol Jsllil ISMDh ()[ IMIM
MIII'V M i n n \ I I I P \ \ l l l l » \
Options 2A
Native Grassland
Diegan Coastai Sage
Scmb
Diegan Coastal Sage
Scmb
Diegan Coastal Sage
Scmb
Non-native Grassland
Non-native Grassland
Option 2A Total
0.00
0.00
0.02
0.02
0.00
0.23
0.27
0.01
0.06
0.00
0.00
0.02
0.00
0.09
1:1
1:1
1:1
2:1
1.5:1
2:1
2:1
2
0.5:1
1:1
1:1
1.5:1
0.01/0.02
0.06/0.09
0.02/0.04
0.04
0.01/0.02
0.23/0.35
0.37/0.58
2
Option 26(1) |
Native Grassland
Diegan Coastal Sage
Scmb
Diegan Coastal Sage
Scmb
Diegan Coastal Sage
Scmb
Non-native Grassland
Non-native Grassland
Option 2B(1) Total
0.00
0.00
0.02
0.02
0.00
0.23
0.27
0.01
0.06
0.00
0.00
0.02
0.00
0.09
1:1
1:1
1:1
2:1
1.5:1
2:1
2:1
2
0.5:1
1:1
1:1
1.5:1
0.01/0.02
0.06/0.09
0.02/0.04
0.04
0.0170.02
0.23/0.35
0.37/0.58
2
Option 2B(2) |
Native Grassland
Diegan Coastal Sage
Scmb
Diegan Coastal Sage
Scmb
Diegan Coastal Sage
Scmb
Non-native Grassland
0.00
0.00
0.04
0.02
0.00
0.01
0.09 ,
0.00
0.00
0.02
1:1
1:1
1:1
2:1
1.5:1
2:1
· 2:1
2
0.5:1
1:1
0.01/0.02
0.09/0.14
0.04/0.08
0.04
0.01/0.02
000424
Non-native Grassland
0.25
0.00
1:1
1.5:1
0.25/0.38
Option 2B(2)Total
0.31 0.12
^^Sfe£lSi<S foaS
0.44/0.70'
First number represents mitigation requirement if all occurs inside the MHPA/Second number represents total if all mitigation
occur outside the MHPA.
Includes 0.06 acres required to compensate for impacts to 0.03 acres of Diegan coastal sage scrub which was previously
restored. This mitigation is required to occur within the MHPA.
Mitigation Measure 5.7-3: Prior to issuance of the first grading permit for the offsite sewer
improvement, all wetland areas within or adjacent to the constmction areas, as illustrated on
Figures 5.7-2A and B ofthe EIR, shall be enclosed with orange constmction fencing to protect
them from constmction activities. A qualified biologist shall inspect all constmction fencing
prior to the issuance of the first grading permit and shall monitor constmction activities to avoid
unauthorized impacts.
Mitigation Measure 5,7-4: Prior to issuance of a grading permit for the offsite sewer, a final
wetland revegetation plan shall be approved to the satisfaction of the ADD of LDR in consultation
with the U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, and California Department
of Fish and Game, based on the Draft Conceptual Wetland Revegetation and Monitoring Plan,
included in Appendix H. Wetland compensation shall be accomplished within the Rose Canyon.
Wetland compensation shall be accomplished at an overall ratio of 3:1 for southern cottonwood-
willow riparian forest and 2:1 for southern willow scmb. The ratios may be achieved through a
combination of creation and enhancement. However, at least 1:1 shall consist of creation. Creation
shall consist of planting species which reflect the impacted wetland type. Enhancement shall
consist of removal of exotics from existing wetlands. Replacement of the existing culvert over the
drainage is expected to adequately compensate for the impact to the disturbed habitat/culvert
jurisdictional habitat type.
The final approved wetland revegetation plan shall include: plant palette selection, mitigation
bonding, planting guidelines, post-installation maintenance, success criteria and monitoring
requirements.
Mitigation Measure 5.7-5: Prior to the issuance of the first grading permit for the offsite sewer
improvement, all disturbed areas within or adjacent to constmction areas (upland and wetland),
shall require constmction documents to be submitted for verification and review of the
revegetation effort in accordance with the approved biological report to the satisfaction of the
ADD of EAS, Park and Recreation Department, and MSCP staff.
Mitigation Measure 5.7-6: Prior to initiation of any constmction-related grading, the biologist
shall discuss the sensitive nature ofthe adjacenl habitat with the crew and subcontractor. The
limits of grading shall be clearly delineated by a survey crew prior to bmshing, clearing or
grading. The limits of grading shall be defined with silt fencing and checked by the biological
monitor before initiation of constmction grading. The project biologist shall monitor constmction
activities as needed to ensure that constmction activities do not encroach into biologically
sensitive areas beyond the limits of disturbance as shown on the final constmction plans (Exhibit
A).
000425
Mitigation Measure 5.7-7: Prior to the issuance of any authorization to proceed for the offsite
improvement, the ADD of LDR shall ensure that the following measures are included as notes on
the constmction plans:
1. A qualified project biologist shall inspect all constmction fencing prior to issuance of the
first grading permit and shall monitor constmction aclivities to avoid unauthorized
impacts.
2. All staging and storage areas for the offsite sewer improvement shall be located within
the Monte Verde project site, which does not contain sensitive biological resources.
3. Al! constmction area limits shall be clearly delineated prior to the issuance of the first
grading permit activity with orange construction fencing or silt fencing to ensure that
constmction activity remains within the defined constmction limits.
4. The biologist shall provide direction to constmction personnel regarding the need to
avoid impacts to adjacent sensitive areas.
5. Any plants or seeds used as erosion control or revegetation shall be approved by the City
Park and Recreation Department. Plants and seeds shall only contain native species and
shall only be applied under the supervision of the biologist or a landscape architect.
6. Sewer pipeline constmction within 300 feet of any sensitive bio-habitat for endangered or
threatened species shall avoid nesting/breeding seasons, or shall install solid barriers to
fully screen the direct line of sight between the constmction equipment and the habitat.
7. All work would be performed during normal daylight working hours with the exception
of the connection to the existing Rose Canyon Tmnk Sewer, which would be completed
at a non-peak time, typically between 7pm and 4am. It is expected that the connection to
the existing Rose Canyon Tmnk Sewer would take approximately 3 nights and require
minimal lighting, focused within the connection area (Manhole #1, located within the
MHPA), that would be shielded, unidirectional, low-pressure sodium illumination (or
similar) and directed away from the preserve areas using appropriate placement as
shields.
8. No water used during constmction related work shall be allowed to be diverted or drained
off-site into the MHPA during and after constmction activity. The biologist shall ensure
that the appropriate measures and control devices are used as needed during constmction
to deter any drainage toward sensitive habitat.
9. All constmction/grading plans shall be made available to crews in the field showing these
conditions.
10. No exotic or invasive plant species shall be utilized in or adjacent to the MHPA.
11. Compliance with all City stormwater and drainage standards shall be met to the
satisfaction of the City Engineer and the ADD of LDR.
12. Fencing shall not interfere with wildlife movement through significant MSCP identified
corridors.
000426
The following mitigation measures would reduce the direct impact of the offsite sewer
improvement on sensitive species lo below a level of significance.
Mitigation Measure 5.7-8: Prior to the issuance the first grading permit for the offsite sewer
improvement, the City Manager (or appointed designee) shall verify that the Multi-Habitat
Planning Area (MHPA) boundaries and the following project requirements regarding the coastal
California gnatcatcher are shown on the constmction plans:
1. A qualified biologist (possessing a valid Endangered Species Act Section 10(a)(1)(a)
recovery permit) shall survey those habitat areas within the MHPA that would be subject
to constmction noise levels exceeding 60 dB(A) hourly average for the presence of the
coastal California gnatcatcher. Surveys for the coastal California gnatcatcher shall be
conducted pursuant to the protocol survey guidelines established by the U.S. Fish and
Wildlife Service within the breeding season prior to the commencement of any
constmction. If gnatcatchers are present, then the following conditions must be met:
A. Between March 1 and August 15, no clearing, grubbing, or grading of occupied
gnatcatcher habitat shall be permitted. Areas restricted from such activities shall be
staked or fenced under the supervision of a qualified biologist; and
B. Between March 1 and August 15, no constmction activities shall occur within any
portion of the site where constmction activities would result in noise levels exceeding
60 dB(A) hourly average at the edge of occupied gnatcatcher habitat. An analysis
showing that noise generated by construction aclivities would not exceed 60 dB(A)
hourly average at the edge of occupied habitat must be completed by a qualified
acoustician (possessing cunent noise engineer license or registration with monitoring
noise level experience with listed animal species) and approved by the ADD of LDR
at least two weeks prior to the commencement of constmction activities. Prior to the
commencement of constmction activities during the breeding season, areas restricted
from such activities shall be staked or fenced under the supervision of a qualified
biologist; or
C. At least two weeks prior to the commencement of constmction activities, under the
direction of a qualified acoustician„noise attenuation measures (e.g., berms, walls)
shall be implemented to ensure that noise levels resulting from constmction activities
will not exceed 60 dB(A) hourly average at the edge of habitat occupied by the coastal
California gnatcatcher. Concunent with the commencement of constmction activities
and the constmction of necessary noise attenuation facilities, noise monitoring* shall
be conducted at the edge of the occupied habitat area to ensure that noise levels do not
exceed 60 dB(A) hourly average. If the noise attenuation techniques implemented are
determined to be inadequate by the qualified acoustician or biologist, then the
associated constmction activities shall cease until such time that adequate noise
attenuation is achieved or until the end of the breeding season (August 16).
* Constmction noise shall continue to be monitored at least twice weekly on
varying days, or more frequently depending on the constmction activity, to verify
that noise levels at the edge of occupied habitat are maintained below 60 dB(A)
000427
hourly average or to the ambient noise level if it already exceeds 60 dB(A) hourly
average. If not, other measures shall be implemented in consultation with the
biologist and the ADD of LDR, as necessary, to reduce noise levels to below 60
dB(A) hourly average or to the ambient noise level, if it already exceeds 60 dB(A)
hourly average. Such measures may include, but are not limited to, limitations on
the placement of constmction equipment and the simultaneous use of equipment.
2. If coastal California gnatcatchers are not detected during the protocol survey, the
qualified biologist shall submit substantial evidence to the City Manager and applicable
resource agencies which demonstrates whether or not mitigation measures such as noise
walls are necessary between March 1 and August 15 as follows:
A. If this evidence indicates the potential is high for coastal California gnatcatcher to be
present based on historical records or site conditions, then condition 1 shall be
adhered to as specified above.
B. If this evidence concludes that no impacts to this species are anticipated, no
mitigation measures would be necessary.
Mitigation Measure 5.7-9: Prior to the issuance of the first grading pennit for the offsite sewer
improvement, the ADD of LDR (or appointed designee) shall verify that the following project
requirements regarding the southwestern willow flycatcher are shown on the constmction plans:
No clearing, grubbing, grading, or other constmction activities shall occur between May 1 and
September 1, the breeding season ofthe southwestern willow flycatcher, until the following
requirements have been met to the satisfaction of the ADD of LDR:
1. A qualified biologist (possessing a valid Endangered Species Act Section 10(a)(1)(a)
recovery permit) shall survey those wetland areas that would be subject to constmction
noise levels exceeding 60 decibels [dB(A)] hourly average for the presence ofthe
southwestern willow flycatcher. Surveys for this species shall be conducted pursuant to
the protocol survey guidelines established by the U.S. Fish and Wildlife Service within
the breeding season prior to the commencement of any construction. If the southwestern
willow flycatcher is present, then the following conditions must be met:
A. Between May 1 and September 1, no clearing, gmbbing, or grading of occupied
southwestern willow flycatcher habitat shall be permitted. Areas restricted from such
activities shall be staked or fenced under the supervision of a qualified biologist; and
B. Between May 1 and September 1, no constmction activities shall occur within any
portion of the site where constmction activities would result in noise levels exceeding
60 dB(A) hourly average at the edge of occupied southwestern willow flycatcher
habitat. An analysis showing that noise generated by constmction activities would
not exceed 60 dB(A) hourly average at the edge of occupied habitat must be
completed by a qualified acoustician (possessing cunent noise engineer license or
registration with monitoring noise level experience with listed animal species) and
approved by the ADD of LDR at least two weeks prior to the commencement of
constmction activities. Prior to the commencement of constmction activities during
000428
the breeding season, areas restricted from such activities shall be staked or fenced
under the supervision of a qualified biologist; or
C. At least two weeks prior to the commencement of constmction activities, under the
direction of a qualified acoustician, noise attenuation measures (e.g., berms, walls)
shall be implemented to ensure that noise levels resulting from constmction activities
will not exceed 60 dB(A) hourly average at the edge of habitat occupied by the
southwestern willow flycatcher. Concurrent with the commencement of constmction
activities and the constmction of necessary noise attenuation facilities, noise
monitoring* shall be conducted at the edge ofthe occupied habitat area to ensure that
noise levels do not exceed 60 dB(A) hourly average. If the noise attenuation
techniques implemented are determined to be inadequate by the qualified acoustician
or biologist, then the associated construction activities shall cease until such time that
adequate noise attenuation is achieved or until the end of the breeding season
(Seplember 1).
* Constmction noise monitoring shall continue to be monitored at least twice
weekly on varying days, or more frequently depending on the constmction
activity, to verify that noise levels at the edge of occupied habitat are maintained
below 60 dB(A) hourly average or to the ambient noise level if it already exceeds
60 dB(A) hourly average. If not, other measures shall be implemented in
consultation with the biologist and the ADD of LDR, as necessary, to reduce noise
levels to below 60 dB(A) hourly average or to the ambient noise level if it already
exceeds 60 dB(A) hourly average. Such measures may include, but are not
limited to, limitations on the placement of constmction equipment and the
simultaneous use of equipment.
2. If southwestern willow flycatcher are not detected during the protocol survey, the
qualified biologist shall submit substantial evidence to the ADD of LDR and applicable
resource agencies which demonstrates whether or not mitigation measures such as noise
walls are necessary between May 1 and September 1 as follows:
A. If this evidence indicates the potential is high for southwestern willow flycatcher to be
present based on historical records or site conditions, then condition 1 shall be
adhered to as specified above.
B. If this evidence concludes that no impacts to this species are anticipated, no further
miiigation measures are necessary.
Mitigation Measure 5.7-10: Prior to the issuance of the first grading permit for the offsite sewer
improvement, the ADD OF LDR (or appointed designee) shall verify thai the following project
requirements regarding the least Bell's vireo are shown on the constmction plans:
No clearing, gmbbing, grading, or other constmction activities shall occur between March 15 and
September 15, the breeding season of the least Bell's vireo, until the following requirements have
been met to the satisfaction of the ADD of LDR.
000429
1. A qualified biologist (possessing a valid Endangered Species Act Section 10(a)(1)(a)
recovery permit) shall survey those wetland areas that would be subject to constmction
noise levels exceeding 60 decibels [dB(A)] hourly average for the presence of the least
Bell's vireo. Surveys for this species shall be conducted pursuant to the protocol survey
guidelines established by the U.S. Fish and Wildlife Service within the breeding season
prior to the commencement of any constmction. If the least Bell's vireo is present, then
the following conditions must be met:
A. Between March 15 and September 15, no clearing, gmbbing, or grading of occupied
least Bell's vireo habitat shall be permitted. Areas restricted from such aclivities shall
be staked or fenced under the supervision of a qualified biologist; and
B. Between March 15 and September 15, no constmction activities shall occur within
any portion ofthe site where constmction activities would result in noise levels
exceeding 60 dB(A) hourly average at the edge of occupied least Bell's vireo habitat.
An analysis showing that noise generated by constmction activities would not exceed
60 dB(A) hourly average at the edge of occupied habitat must be completed by a
qualified acoustician (possessing current noise engineer license or registration with
monitoring noise level experience with listed animal species) and approved by the
ADD of LDR at least two weeks prior to the commencement of constmction
activities. Prior to the commencement of constmction activities during the breeding
season, areas restricted from such activities shall be staked or fenced under the
supervision of a qualified biologist; or
C. At least two weeks prior to the commencement of constmction activities, under the
direction of a qualified acoustician, noise attenuation measures (e.g., berms, walls)
shall be implemented to ensure that noise levels resulting from constmction activities
will not exceed 60 dB(A) hourly average at the edge of habitat occupied by the least
Bell's vireo. Concunent with the commencement of constmction activities and the
constmction of necessary noise attenuation facilities, noise monitoring shall be
conducted at the edge of the occupied habitat area to ensure that noise levels do not
exceed 60 dB(A) hourly average. If the noise attenuation techniques implemenled are
determined to be inadequate by the qualified acoustician or biologist, then the
associated constmction activilies shall cease until such time that adequate noise
attenuation is achieved or until the end of the breeding season (September 15).
* Constmction noise monitoring shall continue to be monitored at least twice
weekly on varying days, or more frequently depending on the constmction
activity, to verify that noise levels at the edge of occupied habitat are maintained
below 60 dB(A) hourly average or to the ambient noise level if it already exceeds
60 dB(A) hourly average. If not, other measures shall be implemented in
consultation with the biologist and the ADD of LDR, as necessary, to reduce noise
levels to below 60 dB(A) hourly average or to the ambient noise level if it already
exceeds 60 dB(A) hourly average. Such measures may include, but are not
limited to, limitations on the placement of constmction equipment and the
simultaneous use of equipment.
000430
2. If least Bell's vireo are not delected during the protocol survey, the qualified biologist
shall submit substantial evidence to the ADD of LDR and applicable resource agencies
which demonstrates whether or not mitigation measures such as noise walls are necessary
between March 15 and September 15, as follows:
A. If this evidence indicates the potential is high for least Bell's vireo to be present based
on historical records or site conditions, then condition 1 shall be adhered to as
specified above.
B. If this evidence concludes that no impacts to this species are anticipated, no further
mitigation measures are necessary.
Mitigation Measure 5.7-11: If constmction for the offsite sewer improvement occurs during the
raptor breeding season (Febmary 1 through September 15), a preconstmction survey shall be
conducted and no constmction shall occur within 300 feet of any identified nest(s) until the
young fledge. Should the biologist determine that raptors are nesting, an appropriate noise buffer
area shall be established in coordination with EAS staff.
HISTORICAL RESOURCES
The following measures shall be implemented for constmction of the offsite sewer replacement.
Mitigation Measure 5.8-1: As a condition of project approval, the applicant is required to
conduct an Archaeological Research Design and Data Recovery Program (ARDDRP) for
archaeological sile (CA-SDI-12556). Based on the LDR-approved research design a phased data
recovery program shall be implemenled. The data recovery program shall include up to 15
percent of the area to be impacted. The area in which data recovery occurs shall be based on the
final sewer improvement plans. A qualified archaeologist shall review the final constmction plan
and determine the area of potential impact. The ADRP shall be subject to approval by the
ADD Environmental Designee prior to issuance of a grading permit for the offsite sewer
improvement and subsequent wetland revegetation.
An archaeologist shall monitor all grading and earthmoving activities during constmction for the
offsite sewer improvement and during wetland revegetation activities within the vicinity of CA-
SDI-12556 and within Genesee Avenue. Should burials/cremations or features be located,
grading and/or earthmoving activities shall be halted for a period of time sufficient to allow for
excavation and removal. Analysis of artifacts and ecofacts recovered during monitoring will also
be included in the final report.
I. Prior to Preconstruction (Precon) Meeting
A. Land Development Review (LDR) Plan Check
1. Prior lo the preconstmction meeting, or issuance of a Notice to Proceed (NTP) or any
permits, including but not limited to, the first Grading Permit, Demolition
Plans/Permits and Building Plans/Permits for the offsite sewer improvement, the
Assistant Deputy Director (ADD) Environmental Designee shall verify that the
requirements for the ARCHAEOLOGICAL DATA RECOVERY PROGRAM
(ADRP) have been noted on the appropriate construction documents.
B. Letters of Qualification have been submitted to ADD
000431
1. Prior to the preconstmction meeting, recordation of the first final map, NTP, and/or
any permits, including but not limited to, issuance of a Grading Permit, Demolition
Permit or Building Permit for the offsite sewer improvement, the applicant shall
provide a letter of verification to the ADD Environmental Designee stating that a
qualified Archaeologist, as defined in the City's Historical Resources Guidelines
(HRG), has been retained to implement the ADRP. If applicable, individuals
involved in the archaeological program must have completed the 40-hour
HAZWOPER training with certification documentation. ALL PERSONS
INVOLVED IN THE ADRP AND MONITORING OF THIS PROJECT
SHALL BE APPROVED BY THE ADD ENVIRONMENTAL DESIGNEE
PRIOR TO THE START OF THE PROJECT.
2. A Native American Monitor, if applicable, shall be present during initial excavation/
grading of undisturbed ground in the event that cultural features or human remains are
found and the procedures set forth in Section 2.e shall be implemented.
II. Precon Meeting
A. Qualified Archaeologist Shall Attend Precon Meetings
1. Prior to beginning any work that requires monitoring, the Applicant shall anange a
Precon Meeting that shall include the Archaeologist, Constmction Manager and/or
Grading Contractor, Resident Engineer (RE), Building Inspector (BI), if appropriate,
and Mitigation Monitoring Coordination (MMC). The qualified Archaeologist shall
attend any grading related Precon Meetings to make comments and/or suggestions
concerning the ADRP with the Constmction Manager and/or Grading Contractor.
2. If the Monitor is not able to attend the Precon Meeting, the RE or BI, if appropriate,
will schedule a focused Precon Meeting for MMC, EAS staff, as appropriate,
Monitors, the Constmction Manager, and appropriate Contractor's representatives to
meet and review the job onsite, prior to start of any work that requires monitoring.
B. Identify Areas involved in ADRP
1. At the Precon Meeting, the Archaeologist shall submit to MMC a copy of the
site/grading plan (reduced to 11x17) that identifies areas involved in the ADRP, as
well as areas that may require delineation of grading limits.
2. Prior to the issuance of grading permits or NTP, the area involved in the ADRP shall
be surveyed, staked and flagged by the qualified archaeologist, as defined above.
C. When ADRP Will Occur
1. Prior to the start of work, the Archaeologist shall also submit a constmction schedule
to MMC through.the RE or BI, as appropriate, indicating when and where the ADRP
is to begin and shall notify MMC of the start date for work.
D. ADRP Implementation
1. Prior to the issuance of grading permits or NTP, the owner/permittee shall implement
the approved ADRP, satisfactory to the ADD Environmental Designee. The ADRP
shall include a three-phased excavation program in which the sample size to be
excavated will be determined in consultation with City staff and will vary with the
nature and size of the archaeological site.
2. Following the data recovery excavations, the areas to be impacted shall be
mechanically excavated under the direction of the qualified archaeologist to recover
any additional cultural features and/or artifact concentrations using standard
archaeological procedures.
000432
E. Human Remains
1. If human remains are discovered, work shall be halted in that area and the following
procedures set forth in the California Public Resources Code (Sec. 5097.98) and State
Health and Safety Code (Sec. 7050.5) will be taken:
2. Notification
a. The Archaeological Monitor shall notify the RE or BI as appropriate, MMC and
the Principal Investigator (PI), if the Monitor is not qualified as a PI. MMC will
notify the appropriate Senior Planner in the Environmental Analysis Section
(EAS).
b. The PI shall notify the Medical Examiner, after consultation with the RE, either in
person or via telephone.
3. Isolate discovery site
a. Work will be redirected away from the location of the discovery and any nearby
area reasonably suspected to overlay adjacent human remains until a
determination can be made by the Medical Examiner, in consultation with the PI,
concerning the provenience of the remains.
b. The Medical Examiner, in consultation with the PI, shall determine the need for a
field examination to determine the provenience.
c. If a field examination is not wananted, the Medical Examiner shall determine,
with input from the PI, if the remains are or are most likely to be of Native
American origin.
4. If Human Remains are determined to be Native American
a. The Medical Examiner shall notify the Native American Heritage Commission
(NAHC). By law, ONLY the Medical Examiner can make this call.
b. The NAHC will contact the PI within 24 hours or sooner after the Medical
Examiner has completed coordination.
c. The NAHC will identify the person or persons detennined to be the Most Likely
Descendent (MLD) and provide contact information.
d. The PI will coordinate with the MLD for additional coordination.
e. Disposition of Native American human remains will be determined between the
MLD and the PI, IF:
- The NAHC is unable to identify the MLD, OR the MLD failed to make a
recommendation within 24 hours after being notified by the Commission; OR
- The landowner or authorized representative rejects the recommendation of the
MLD and mediation in accordance with PRC 5097.94 (k) by the NAHC fails
to provide measures acceptable to the landowner, the landowner or their
authorized representative shall re-inter the human remains and all associated
grave goods with appropriate dignity, on the property in a location not subject
to subsurface disturbance. Information on this process will be provided to the
NAHC.
5. If Human Remains are NOT Native American
a. The PI shall contact the Medical Examiner and notify them of the historic era
context of the burial.
b. The Medical Examiner will determine the appropriate course of action with the PI
and City staff (PRC 5097.98).
c. If the remains are of historic origin, they shall be appropriately removed and
conveyed to the Museum of Man for analysis. The decision for reinterment of the
000433
human remains shall be made in consultation with MMC, EAS, the landowner,
and the Museum of Man.
F. Notification of Completion of ADRP
1. The Archaeologist shall notify MMC and the RE or BI, as appropriate, in writing of
the end date of the ADRP.
III . Post Construction
A. Handling and Curation of Artifacts and Letter of Acceptance
1. The Archaeologist shall be responsible for ensuring that all cultural remains collected
are cleaned, catalogued and permanently curated with an appropriate institution; that a
letter of acceptance from the curation institution has been submitted to MMC; that all
artifacts are analyzed to identify function and chronology as they relate to the history
of the area; that faunal material is identified as to species; and that specialty studies
are completed, as appropriate.
2. Curation of artifacts associated with the survey, testing and/or data recovery for this
project shall be completed in consultation with LDR and the Native American
representative, as applicable.
B. Final Results Reports (Monitoring and Research Design And Data Recovery Program)
1. Prior to the release of the grading bond, two copies of the Final Results Report (even
if negative) and/or evaluation report, if applicable, which describes the results,
analysis and conclusions of the ADRP (with appropriate graphics) shall be submitted
to MMC for approval by the ADD Environmental Designee.
2. MMC shall notify the RE or BI, as appropriate, of receipt of the Final Results Report.
C. Recording Sites with State of California Department of Park and Recreation
1. The Archaeologist shall be responsible for updating the appropriate State of
California Department of Park and Recreation forms-DPR 523 A/B associated with
the ADRP in accordance with the City's Historical Resources Guidelines, and
submittal of such forms to the South Coastal Information Center with the Final
Results Report.
D. Handling and curation of artifacts and Letter of Acceptance
1. The archaeologist shall be responsible for ensuring that all cultural materials and
associated records collected during the initial archaeological survey and evaluation
phase, implementation of the ADRP, or as a result of constmction related excavation
are cleaned, catalogued and permanently curated with an appropriate institution; that a
letter of acceptance from the curation institution is submitted to MMC; that all
artifacts are analyzed to identify function and chronology, as they relate to the history
of the area, and to allow a comparison with previous nearby studies; that faunal
material is identified as to species; and that specialty studies are completed, as
appropriate, including obsidian hydration and sourcing analysis, protein residue
studies and radiocarbon dating.
2. Curation of artifacts associated with this program shall be completed in consultation
with LDR and the Native American representative, as appropriate.
E. On completion of the ADRP and prior to issuance of grading permits, the qualified
archaeologist shall attend a second preconstmction meeting to make comments and/or
suggestions concerning the proposed grading process.
000434
Mitigation Measure 5.8-2: The following Mitigation Monitoring and Reporting Program for
archaeological resources shall also be implemented for the offsite sewer replacement and wetland
revegetation.
I, Prior to Permit Issuance
A. Land Development Review (LDR) Plan Check
1. Prior to Notice to Proceed (NTP) for any constmction permits, including but not
limited to, the first Grading Permit, Demolition Plans/Permits and Building
Plans/Permits, but prior to the first preconstmction meeting, whichever is
applicable, the Assistant Deputy Director (ADD) Environmental designee shall
verify that the requirements for Archaeological Monitoring and Native American
monitoring, if applicable, have been noted on the appropriate constmction
documents.
B. Letters of Qualification have been submitted to ADD
1. The applicant shall submit a letter of verification to Mitigation Monitoring
Coordination (MMC) identifying the Principal Investigator (PI) for the project and
the names of all persons involved in the archaeological monitoring program, as
defined in the City of San Diego Historical Resources Guidelines (HRG). If
applicable, individuals involved in the archaeological monitoring program must
have completed the 40-hour HAZWOPER training with certification
documentation.
2. MMC will provide a letter to the applicant confirming the qualifications of the PI
and all persons involved in the archaeological monitoring ofthe project.
3. Prior to the start of work, the applicant must obtain approval from MMC for any
personnel changes associated with the monitoring program.
II. Prior to Start of Construction
A. Verification of Records Search
1. The PI shall provide verification to MMC that a site specific records search (1/4
mile radius) has been completed. Verification includes, but is not limited to a
copy of a confirmation letter from South Coast Infonnation Center, or, if the
search was in-house, a letter of verification from the PI stating that the search was
completed.
2. The letter shall introduce any pertinent information concerning expectations and
probabilities of discovery during trenching and/or grading activities.
3. The PI may submit a detailed letter to MMC requesting a reduction to the !4 mile
radius.
B. PI Shall Attend Precon Meetings
1. Prior to beginning any work that requires monitoring, the Applicant shall anange
a Precon Meeting that shall include the PI, Constmction Manager (CM) and/or
Grading Contractor, Resident Engineer (RE), Building Inspector (BI), if
appropriate, and MMC. The qualified Archaeologist shall attend any
grading/excavation related Precon Meetings to make comments and/or
suggestions concerning the Archaeological Monitoring program with the
Constmction Manager and/or Grading Contractor.
a. If the PI is unable to attend the Precon Meeting, the Applicant shall schedule a
focused Precon Meeting with MMC, the PI, RE, CM or BI, if appropriate,
prior to the start of any work that requires monitoring.
000435
2. Identify Areas to be Monitored
a. Prior to the start of any work that requires monitoring, the PI shall submit an
Archaeological Monitoring Exhibit (AME) based on the appropriate
constmction documents (reduced to 11x17) to MMC identifying the areas to
be monitored including the delineation of grading/excavation limits.
b. The AME shall be based on the results of a site specific records search as well
as information regarding existing known soil conditions (native or formation).
3. When Monitoring Will Occur
a. Prior to the start of any work, the PI shall also submit a constmction schedule
to MMC through the RE indicating when and where monitoring will occur.
b. The PI may submit a detailed letter to MMC prior to the start of work or
during constmction requesting a modification to the monitoring program. This
request shall be based on relevant information such as review of final
constmction documents which indicate site conditions such as depth of
excavation and/or site graded to bedrock, etc., which may reduce or increase
the potential for resources to be present.
III . During Construction
A. Monitor Shall be Present During Grading/Excavation/Trenching
1. The monitor shall be present full-time during grading/excavation/trenching
activities which could result in impacts to archaeological resources as identified
on the AME. The Construction Manager is responsible for notifying the RE,
PI, and MMC of changes to any construction activities.
2. The monitor shall document field activity via the Consultant Site Visit Record
(CSVR). The CSVR's shall be faxed by the CM to the RE the first day of
monitoring, the last day of monitoring, monthly (Notification of Monitoring
Completion), and in the case of ANY discoveries. The RE shall forward copies
to MMC.
3. The PI may submit a detailed letter to MMC during constmction requesting a
modification to the monitoring program when a field condition such as modem
disturbance post-dating the previous grading/trenching activities, presence of
fossil formations, or when native soils are encountered.may reduce or increase the
potential for resources to be present.
B. Discovery Notification Process
1. In the event of a discovery, the Archaeological Monitor shall direct the contractor
to temporarily divert trenching activities in the area ofdiscovery and immediately
notify the RE or BI, as appropriate.
2. The Monitor shall immediately notify the PI (unless Monitor is the PI) of the
discovery.
3. The PI shall immediately notify MMC by phone of the discovery, and shall also
submit written documentation to MMC within 24 hours by fax or email with
photos of the resource in context, if possible.
C. Determination of Significance
1. The PI and Native American representative, if applicable, shall evaluate the
significance of the resource. If Human Remains are involved, follow protocol in
Section IV below.
000436
a. The PI shall immediately notify MMC by phone to discuss significance
determination and shall also submit a letter to MMC indicating whether
additional mitigation is required.
b. Ifthe resource is significant, the PI shall submit an Archaeological Data
Recovery Program (ADRP) and obtain written approval from MMC. Impacts
to significant resources must be mitigated before ground disturbing activities
in the area of discovery will be allowed to resume.
c. If resource is not significant, the PI shall submit a letter to MMC indicating
that artifacts will be collected, curated, and documented in the Final
Monitoring Report. The letter shall also indicate that that no further work is
required.
D. Pipeline Discovery
1. If the resources is significant, the PI shall submit an Archaeological Data
Recovery Program (ADRP) and obtain written approval of the program from
MMC, CM and RE. ADRP and any mitigation must be approved by MMC, RE
and/or CM before ground disturbing activities in the area of discovery will be
allowed to resume.
a. Note: For pipeline trenching projects only, the PI shall implement the
Discovery Process for Pipeline Trenching projects identified below under "D".
2. If resource is not significant, the PI shall submit a letter to MMC indicating that
artifacts will be collected, curated, and documented in the Final Monitoring
Report. The letter shall also indicate that no further work is required.
a. Note: For Pipeline Trenching Projects Only. If the deposit is limited in size,
both in length and depth; the infonnation value is limited and is not associated
with any other resource; and there are no unique features/artifacts associated
with the deposit, the discovery should be considered not significant.
b. Note, for Pipeline Trenching Projects Only: If significance can not be
determined, the Final Monitoring "Report and Site Record (DPR Form
523A/B) shall identify the discovery as Potentially Significant.
IV. Discovery of Human Remains
If human remains are discovered, work shall halt in that area and the following
procedures set forth in the California Public Resources Code (Sec. 5097.98) and State
Health and.Safety Code (Sec. 7050.5) shall be undenaken:
A. Notification
1. Archaeological Monitor shall notify the RE or BI as appropriate, MMC, and the
PI, if the Monitor is not qualified as a PI. MMC will notify the appropriate Senior
Planner in the Environmental Analysis Section (EAS).
2. The PI shall notify the Medical Examiner after consultation with the RE, either in
person or via telephone.
B. Isolate discovery site
1. Work shall be directed away from the location of the discovery and any nearby
area reasonably suspected to overlay adjacent human remains until a
determination can be made by the Medical Examiner in consultation with the PI
concerning the provenience of the remains.
2. The Medical Examiner, in consultation with the PI, shall determine the need for a
field examination to determine the provenience.
000437
3. If a field examination is not wananted, the Medical Examiner shall determine
with input from the PI, if the remains are or are most likely to be of Native
American origin.
C. If Human Remains ARE determined to be Native American
1. The Medical Examiner shall notify the Native American Heritage Commission
(NAHC). By law, ONLY the Medical Examiner can make this call.
2. The NAHC shall contact the PI within 24 hours or sooner, after Medical Examiner
has completed coordination.
3. NAHC shall identify the person or persons determined to be the Most Likely
Descendent (MLD) and provide contact infonnation.
4. The PI shall coordinate with the MLD for additional consultation.
5. Disposition of Native American Human Remains shall be determined between the
MLD and the PI, IF:
a. The NAHC is unable to identify the MLD, OR the MLD failed to make a
recommendation within 24 hours after being notified by the Commission; OR;
b. The landowner or authorized representative rejects the recommendation of the
MLD and mediation in accordance with PRC 5097.94 (k) by the NAHC fails
to provide measures acceptable to the landowner.
D. If Human Remains are NOT Native American
1. The PI shall contact the Medical Examiner and notify them of the historic era
context of the burial.
2. The Medical Examiner will determine the appropriate course of action with the PI
and City staff (PRC 5097.98).
3. If the remains are of historic origin, they shall be appropriately removed and
conveyed to the Museum of Man for analysis. The decision for internment of the
human remains shall be made in consultation with MMC, EAS, the
applicant/landowner and the Museum of Man.
V. Night Work
A. If night work is included in the contract
1. When night work is included in the contract package, the extent and timing shall
be presented and discussed at the precon meeting.
2. The following procedures shall be followed.
a. No Discoveries
In the event that no discoveries were encountered during night work, The PI
shall record the information on the CSVR and submit to MMC via fax by 9am
the following moraing, if possible.
b. Discoveries
All discoveries shall be processed and documented using the existing
procedures detailed in Sections m - During Constmction, and IV - Discovery
of Human Remains.
c. Potentially Significant Discoveries
If the PI determines that a potentially significant discovery has been made, the
procedures detailed under Section IH - During Constmction shall be followed.
d. The PI shall immediately contact MMC, or by SAM the following morning to
report and discuss the findings as indicated in Section III-B, unless other
specific anangements have been made.
B. If night work becomes necessary during the course of constmction
000438
1. The Constmction Manager shall notify the RE, or BI, as appropriate, a minimum
of 24 hours before the work is to begin.
2. The RE, or BI, as appropriate, shall notify MMC immediately.
C. All other procedures described above shall apply, as appropriate.
VI. Post Construction
A. Submittal of Draft Monitoring Report
1. The PI shall submit two copies of the Draft Monitoring Report (even if negative)
which describes the results, analysis, and conclusions of all phases of the
Archaeological Monitoring Program (with appropriate graphics) to MMC for
review and approval within 90 days following the completion of monitoring,
a. For significant archaeological resources encountered during monitoring, the
Archaeological Data Recovery Program shall be included in the Draft
Monitoring Report.
b. Recording Sites with State of California Department of Parks and Recreation
The PI shall be responsible for recording (on the appropriate State of
California Department of Park and Recreation forms-DPR 523 A/B) any
significant or potentially significant resources encountered during the
Archaeological Monitoring Program in accordance with the City's Historical
Resources Guidelines, and submittal of such forms to the South Coastal
Information Center with the Final Monitoring Report.
2. MMC shall return the Draft Monitoring Report to the PI for revision or, for
preparation of the Final Report.
3. The PI shall submit revised Draft Monitoring Report to MMC for approval.
4. MMC shall provide written verification to the PI of the approved report.
5. MMC shall notify the RE or BI, as appropriate, of receipt of all Draft Monitoring
Report submittals and approvals.
B. Handling of Artifacts
1. The PI shall be responsible for ensuring that all cultural remains collected are
cleaned and catalogued
2. The PI shall be responsible for ensuring that all artifacts are analyzed to identify
function and chronology as they relate to the history of the area; that faunal
material is identified as to species; and that specialty studies are completed, as
appropriate.
C. Curation of artifacts: Accession Agreement and Acceptance Verification
1. The PI shall be responsible for ensuring that all artifacts associated with the
survey, testing and/or data recovery for this project are permanently curated with
an appropriate institution. This shall be completed in consultation with MMC and
the Native American representative, as applicable.
2. The PI shall include the Acceptance Verification from the curation institution in
the Final Monitoring Report submitted to the RE or BI and MMC.
D. Final Monitoring Reporl(s)
1. The PI shall submit one copy of the approved Final Monitoring Report to the RE
or BI as appropriate, and one copy to MMC (even if negative), within 90 days
after notification from MMC that the draft report has been approved.
2. The RE shall, in no case, issue the Notice of Completion until receiving a copy of
the approved Final Monitoring Report from MMC which includes the Acceptance
Verification from the curation institution.
000439
RECORDING REQUESTED BY
CITYOFSANDIEGO
DEVELOPMENT SERVICES
PERMIT INTAKE, MAIL STATION 501
WHEN RECORDED MAIL TO
CITY CLERK
MAIL STATION 2A
SPACE ABOVE THIS LINE FOR RECORDER'S USE
JOB ORDER NUMBER: 42-0908
PLANNED DEVELOPMENT PERMIT NO. 10761
SITE DEVELOPMENT PERMIT NO. 372422
PUBLIC RIGHT OF WAY PERMIT NO. 464724
MONTE VERDE [MMRP]
CITY COUNCIL
This Planned Development Permit No. 10761, Site Development Permit No. 372422, and Public
Right of Way Pennit No. 464724 is granted by the City Council ofthe City of San Diego to
COSTA VERDE HOTEL, LLC, Owner/Permittee, pursuant to San Diego Municipal Code
[SDMC] Sections 126.0601 and 126.0501. The 4.77 acre site is located at 8995 Costa Verde
Boulevard in the RS-1-14, Parking Impact Overlay, Community Plan Implementation Overlay
"A" Zones within the University Community Plan Area. The project site is legally described as
Lot 12, Costa Verde, according to Map No. 12045, filed April 18, 1988 and as conected by a
certificate of conection recorded July 23, 1993 as document 93-470224 of official records.
Subject to the terms and conditions set forth in this Permit, permission is granted to
Owner/Permittee to constmct one 23-story building, two 22-story buildings, and one 21-story
building for a total of 560 condominium units on a 4.77 acre site with improvements in the
public right-of-way, site landscaping, described and identified by size, dimension, quantity, type,
and location on the approved Exhibits "A", dated September 17, 2007, on file in the
Development Services Department.
The project shall include the following buildings as shown in the below table:
a. One 23-story building, two 22-story buildings, and one 21-story building;
b. Landscaping (planting, irrigation and landscape related improvements);
Page 1 of 14
000440
c. Pedestrian Bridge structure across La Jolla Village Drive, south of Genesee Avenue,
connecting the Monte Verde development to the north side of La Jolla Village Drive's
pedestrian walkway, a public right of way;
d. 1,312 required off-street parking spaces, including a minimum of 38 accessible spaces,
270 bicycle spaces, and 58 motorcycle spaces; and
d. Accessory improvements determined by the City Manager to be consistent with the land
use and development standards in effect for this site per the adopted community plan,
California Environmental Quality Act Guidelines, public and private improvement
requirements ofthe City Engineer, the underlying zone(s), conditions of this Pennit,
and any other applicable regulations ofthe SDMC in effect for this site.
STANDARD REQUIREMENTS:
1. Construction, grading or demolition must commence and be pursued in a diligent manner
within thirty-six months after the effective date of final approval by the City, following all
appeals. Failure to utilize the permit within thirty-six months will automatically void the permit
unless an Extension of Time has been granted. Any such Extension of Time must meet all the
SDMC requirements and applicable guidelines in effect at the timethe extension is considered
by the appropriate decision maker.
2. No permit for the constmction, occupancy or operation of any facility or improvement
described herein shall be granted, nor shall any activity authorized by this Permit be conducted
on the premises until;
a. The Permittee signs and returns the Permit to the Development Services Department;
and
b. The Permit is recorded in the Office ofthe San Diego County Recorder
3. Unless this Permit has been revoked by the City of San Diego the property included by
reference within this Pennit shall be used only for the purposes and under the terms and
conditions set forth in this Permit unless otherwise authorized by the City Manager.
4. This Pennit is a covenant running with the subject property and shall be binding upon the
Permittee and any successor or successors, and the interests of any successor shall be subject to
each and every condition set out in this Pennit and all referenced documents.
5. The utilization and continued use of this Permit shall be subject to the regulations of this
and any other applicable governmental agency.
6. Issuance of this Permit by the City of San Diego does not authorize the Permittee for this
permit to violate any Federal, State or City laws, ordinances, regulations or policies including,
but not limited to, the Endangered Species Act of 1973 [ESA] and any amendments thereto (16
U.S.C. § 1531 etseq.) .
Pase 2 of 14
000441
7. The Owner/Permittee shall secure all necessary building permits. The Owner/Permittee is
informed that to secure these permits, substantial modifications to the building and site
improvements to comply with applicable building, fire, mechanical and plumbing codes and
State law requiring access for disabled people may be required.
8. Before issuance of any building or grading permits, complete grading and working
drawings shall be submitted to the City Manager for approval. Plans shall be in substantial
conformity to Exhibit "A," on file in the Development Services Department. No changes,
modifications or alterations shall be made unless appropriate application(s) or amendment(s) to
this Pennit have been granted.
9. All ofthe conditions contained in this Permit have been considered and have been
determined to be necessary in order to make the findings required for this Permit. It is the intent
ofthe City that the holder of this Permit be required to comply with each and every condition in
order to be afforded the special rights which the holder ofthe Permit is entitled as a result of
obtaining this Permit.
In the event that any condition of this Permit, on a legal challenge by the Owner/Permittee
of this Permit, is found or held by a court of competent jurisdiction to be invalid, unenforceable,
or unreasonable, this Permit shall be void. However, in such an event, the Owner/Permittee shall
have the right, by paying applicable processing fees, to bring a request for a new permit without
the "invalid" conditions(s) back to the discretionary body which approved the Permit for a
determination by that body as to whether all ofthe findings necessary for the issuance ofthe
proposed pennit can still be made in the absence ofthe "invalid" condition(s). Such hearing shall
be a hearing de novo and the discretionary body shall have the absolute right to approve,
disapprove, or modify the proposed permit and the condition(s) contained therein.
10. At all bus stops within the project area, if any, the Owner/Permittee shall be responsible for
installing sidewalk improvements where needed to comply with Americans with Disability Act
(ADA) requirements and in accordance with standards contained in the City of San Diego Street
Design Manual.
11. The Owner/Permittee shall participate in and not oppose the formation of a special
assessment district, or other financing mechanism, for the constmction of Super Loop bus
transit stations and/or ongoing operation for the Super Loop Transit Project operated by
SANDAG and MTS.
ENVIRONMENTAL/MITIGATION REQUIREMENTS:
12. Mitigation requirements are tied to the environmental document, specifically the
Mitigation, Monitoring, and Reporting Program (MMRP). These MMRP conditions are
incorporated into the permit by reference or authorization for the project.
13. As conditions of Planned Development Permit No. 10761, University Community Plan
Amendment No. 10763, Site Development Permit No. 372422, Public Right of Way Permit No.
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000442
464724, Easement Vacation No. 372423 and Public Right of Way Vacation No. 372426, the
mitigation measures specified in the MMRP, and outlined in Environmental Impact Report No.
6563 shall be noted on the constmction plans and specifications under the heading
ENVIRONMENTAL/MITIGATION REQUIREMENTS.
14. The Owner/Permittee shall comply with the Mitigation, Monitoring, and Reporting
Program (MMRP) as specified in Environmental Impact Report No. 6563 shall be satisfactory
to the City Manager and City Engineer. Prior to issuance ofthe first building permit, all
conditions ofthe MMRP shall be adhered to the satisfaction ofthe City Engineer. All
mitigation measures as specifically outlined in the MMRP shall be implemented for the
following issue areas:
Transportation/Traffic Circulation
Visual Effects/Neighborhood Character
Public Facilities
Paleontological Resources
Noise
Biological Resources
Historical Resources
15. Prior to issuance of any building permit, the Owner/Permittee shall pay the Long Term
Monitoring Fee in accordance with the Development Services Fee Schedule to cover the City's
costs associated with implementation of permit compliance monitoring.
AFFORDABLE HOUSING REQUIREMENTS:
16. Prior to recordation ofthe Final Map, the Owner/Permittee shall comply with the
Affordable Housing Requirements ofthe City's Inclusionary Housing Ordinance (Chapter 14,
Article 2, Division 13 ofthe Land Development Code) by entering into an agreement with the
San Diego Housing Commission to assure that the affordable units are provided and occupied
by eligible households.
FIRE DEPARTMENT REQUIREMENTS:
17. Prior to issuance of a grading permit for any ofthe four residential towers, the
Owner/Permittee shall provide security to the City assuring the design and constmction of a new
City fire station in the University community. The security shall be in the form acceptable to
the Development Services Department. Ifthe City has not prepared a formal cost estimate for
the constmction ofthe new station before the Owner/Permittee applies for a grading permit, the
security shall be on an assumed total cost of $8.0 million.
18. The Owner/Permittee shall constmct the fire station for the City. The Owner/Permittee
shall enter into a reimbursement agreement with the City of San Diego which will identify that
the Permittee shall be entitled to reimbursement from the North University City Facilities
Benefit Assessment Program, in cash and/or credit, for 100 percent ofthe cost ofthe fire station
facility. This agreement shall include the following milestones: (1) Within 30 days following
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000443
the City's selection and environmental certification of a designated site location, the
Owner/Permittee will commence with the design phase for the fire station facility; and (2) The
Owner/Permittee will commence with the construction ofthe fire station, or otherwise assure
constmction to the satisfaction ofthe Development Services Department, no later than twelve
months after the start ofthe design phase or prior to the issuance of a constmction permit for the
fourth residential tower, excluding a permit to constmct a foundation for the parking garage for
the fourth tower, whichever occurs first.
ENGINEERING REQUIREMENTS:
19. The drainage system for this project shall be private and will be subject to approval by the
City Engineer.
20. The Owner/Permittee shall obtain a bonded grading pennit for the grading proposed for this
project. All grading shall conform to requirements in accordance with the City of San Diego
Municipal Code.
21. The Owner/Permittee shall enter into a Hold Harmless Agreement with the City for the
public drainage system in the private property.
22. Prior to the issuance of any constmction pennit, the Owner/Permittee shall enter into a
Maintenance Agreement for the ongoing permanent BMP maintenance, satisfactory to the City
Engineer.
23. Prior to the issuance of any constmction permit, the Owner/Permittee shall incorporate any
constmction Best Management Practices necessary to comply with Chapter 14, Article 2,
Division 1, Grading Regulations ofthe Municipal Code, into the constmction plans or
specifications.
24. Prior to the issuance of any constmction pennit, the Owner/Permittee shall submit a Water
Pollution Control Plan (WPCP). The WPCP shall be prepared in accordance with the
guidelines in Appendix E ofthe City's Storm Water Standards.
25. Prior to the issuance of any constmction permit; the Owner/Permittee shall incorporate and
show the type and location of all post constmction Best Management Practices (BMP's) on the
final constmction drawings, consistent with the approved Water Quality Technical Report.
26. Development of this project shall comply with all requirements of State Water Resources
Control Board (SWRCB) Order No. 99 08 and the Municipal Storm Water Pennit, Order No.
2001-01 (NPDES General Permit No. CAS000002 and CA S0108758), Waste Discharge
Requirements for Discharges of Storm Water Runoff Associated With Constmction Activity. In
accordance with said permit, a Storm Water Pollution Prevention Plan (SWPPP) and a
Monitoring Program Plan shall be implemented concunently with the commencement of
grading activities, and a Notice of Intent (NOI) shall be filed with the SWRCB.
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©00444
A copy ofthe acknowledgment from the SWRCB that an NOI has been received for this project
shall be filed with the City of San Diego when received; further, a copy of the completed NOI
from the SWRCB showing the permit number for this project shall be filed with the City of San
Diego when received. In addition, the owner(s) and subsequent owner(s) of any portion ofthe
property covered by this grading permit and by SWRCB Order No. 99 08 DWQ, and any
subsequent amendments thereto, shall comply with special provisions as set forth in Section C.7
of SWRCB Order No. 99 08 DWQ.
27. This project proposes to export 470,000 cubic yards of material from the project site. All
export material shall be discharged into a legal disposal site. The approval of this project does
not allow the processing and sale ofthe export material. All such activities require a separate
Conditional Use Permit.
28. Prior to issuance of any constmction permits for the La Jolla Village Drive pedestrian
bridge, the Owner/Permittee shall obtain a Encroachment, Maintenance and Removal Permit,
satisfactory to the City Engineer.
29. The Owner/Permittee shall remove the existing sidewalk and constmct a minimum 5-foot
wide or greater, non-contiguous sidewalk, along the project frontage on La Jolla Village Drive
and Genesee Avenue, per Standard Drawings G-7 and G-9.
30. Prior to the issuance of any permits, the Owner/Permittee shall dedicate 3.5 feet to provide
a minimum 5 feet non contiguous sidewalk along La Jolla Village Drive and Genesee. The face
of curb to property line shall be 13.5 feel.
31. The Permit shall comply with the conditions of Vesting Tentative Map No. 372429.
LANDSCAPE REQUIREMENTS:
32. Prior to issuance of any constmction permits for grading, landscape constmction documents
for the revegetation and hydro-seeding of all disturbed land shall be submitted in accordance
with the Landscape Standards, to the satisfaction ofthe City Manager. All plans shall be in
substantial conformance to this permit and Exhibit "A."
33. In the event that the Landscape Plan and the Site Plan conflict, the Site Plan shall be revised
to be consistent with the Landscape Plan such that landscape areas are consistent with the
Exhibit "A."
34. Prior to issuance of any constmction permits for public right-of-way improvements,
complete landscape constmction documents for right-of-way improvements shall be submitted
to the City Manager for approval. Improvement plans shall take into account a 40 square foot
area around each tree which is unencumbered by utilities. Driveways, utilities, drains, water
and sewer laterals shall be designed so as not to prohibit the placement of street trees.
35. Prior to issuance of any constmction permits for buildings, including any shell structure,
complete landscape and irrigation constmction documents consistent with the Land
Development Manual: Landscape Standards shall be submitted to the City Manager for
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000445
approval. The constmction documents shall be in substantial conformance with Exhibit "A"
Landscape Development Plan. Constmction plans shall take into account a 40 square foot area
around each tree which is unencumbered by hardscape and utilities as set forth under LDC
142.0403(b)5.
36. All required landscape shall be maintained in a disease, weed and litter free condition at all
times. Severe pruning or "topping" of trees is not permitted. The trees shall be maintained in a
safe manner to allow each tree to grow to its mature height and spread.
37. Prior to issuance of any constmction pennit for parking stmctures, the Owner/Permittee
shall submit on the planting and irrigation plans a signed statement by a Registered Structural
Engineer indicating that supporting stmctures are designed to accommodate the necessary
structural loads and associated planting and irrigation.
38. If any required landscape, including existing or new plantings, hardscape, landscape
features, et cetera., indicated on the approved constmction document plans is damaged or
removed during demolition or constmction, it shall be repaired and/or replaced in kind and
equivalent size per the approved documents to the satisfaction ofthe City Manager within 30
days of damage or Certificate of Occupancy or a Final Landscape Inspection.
39. Prior to Certificate of Occupancy for any building, it shall be the responsibility ofthe
Owner/Permittee to install all required landscaping associated with that building phase. A No
Fee Street Tree Permit, if applicable, shall be obtained for the installation, establishment and
on-going maintenance of all street trees.
PLANNING/DESIGN REQUIREMENTS:
40. A minimum of 1,312 off-street parking spaces (including a minimum of 38 accessible
spaces), 270 bicycle spaces, and 58 motorcycle spaces shall be permanently maintained on the
property within the approximate location shown on the project's Exhibit "A". All on-site parking
stalls and aisle widths shall be in compliance with requirements ofthe City's Land Development
Code, and shall not be converted and/or utilized for any other purpose.
41. 139 parking spaces of the 1,312 on-site parking spaces shall be reserved, signed, and
accessible to the property cunently used by Trophy's restaurant located south ofthe project.
This condition refines an existing recorded agreement between the Owner/Permittee and the
Trophy's restaurant owner (Easement Agreement for Parking, Doc. #90 537240). Prior to
issuance ofthe foundation permit for Tower D, Owner/Permittee shall provide plans that show
separate access and accommodations for the 139 Trophy's parking spaces satisfactory to the
City Engineer.
42. There shall be compliance with the regulations ofthe Costa Verde Specific Plan and/or the
underlying zone, whichever is applicable and less restrictive. No deviations or variances are
approved or granted as a condition of approval of this Permit. Where a condition, including
exhibits, of this Permit establishes a provision which is more restrictive than the conesponding
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regulation ofthe Costa Verde Specific Plan and/or the underlying zone, then the condition shall
prevail.
43. The height(s) ofthe building(s) or stmcture(s) shall not exceed those heights set forth in the
conditions and the exhibits, including, but not limited to, elevations and cross sections, or the
maximum permitted building height ofthe Costa Verde Specific Plan, whichever is lower. No
deviations or variances are approved or granted as a condition of approval of this Permit.
44. A topographical survey conforming to the provisions ofthe SDMC may be required if it is
determined, during constmction, that there may be a conflict between the building(s) under
constmction and a condition of this Pennit or a regulation ofthe underlying zone. The cost of
any such survey shall be borne by the Permittee.
45. Any future requested amendment to this Permit shall be reviewed for compliance with the
regulations ofthe underlying zone(s) which are in effect on the date ofthe submittal ofthe
requested amendment.
46. All signs associated with this development shall be consistent with sign criteria established
by either ofthe following:
a. Approved project sign plan (Exhibit "A," on file in the Development Services
Department); or
b. Citywide sign regulations
47. The Owner/Permittee shall post a copy ofthe approved discretionary permit and Vesting
Tentative Map in the sales office for consideration by each prospective buyer
48. Prior to the issuance of any building permits (exclusive of a building permit to constmct a
foundation for the parking garage for the first and second towers), complete outdoor lighting .
information shall be submitted to the Development Services Department, Land Development
Review Division, for review and approval. Complete lighting infonnation shall include a plan
view photometric analysis indicating an isofoot candle plot and a point by point plot to include
all areas within the private property and to extend a minimum of 50 feet beyond the property
line, constmction details as necessary to direct installation ofthe outdoor lighting system,
manufacturers name, visors, prisms, lenses and reflectors and a lighting plan locating each
fixture in plan view and a legend. The outdoor lighting system shall be designed, manufactured
and installed to allow shading, adjusting, and shielding ofthe light source so all outdoor lighting
is directed to fall only onto the same premises as light sources are located.
Prior to the issuance of any occupancy permit, a night inspection shall be required to verify
compliance ofthe outdoor lighting system. No light shall be directed to fall outside the property
line. Light levels along the perimeter ofthe property shall be measured no higher than three
footcandles. Light levels throughout the development shall be the least practical level necessary
to effectively illuminate the operation. Sky glow or light halo shall be reduced to the greatest
extent practical and in no case shall initial light levels be measured exceeding eight footcandles
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000447
anywhere within the site. The Owner/Permittee, or an authorized representative, shall provide
an illuminance meter to measure light levels as required to establish conformance with the
conditions of this Permit during the night inspection. Night inspections may be required
additional fees as determined by the City Manager.
49. All private outdoor lighting shall be shaded and adjusted to fall on the same premises where
such lights are located and in accordance with the applicable regulations in the SDMC.
50. The use of textured or enhanced paving shall meet applicable City standards as to location,
noise and friction values.
51. The subject property and associated common areas on site shall be maintained in a neat and
orderly fashion at all times.
52. All uses, except storage and loading, shall be conducted entirely within an enclosed
building. Outdoor storage of merchandise, material and equipment is permitted in any required
interior side or rear yard, provided the storage area is completely enclosed by walls, fences, or a
combination thereof. Walls or fences shall be solid and not less than six feet in height and,
provided further, that no merchandise, material or equipment stored not higher than any
adjacent wall.
53. No mechanical equipment, tank, duct, elevator enclosure, cooling tower, mechanical
ventilator, or air conditioner shall be erected, constmcted, converted, established, altered, or
enlarged on the roof of any building, unless all such equipment and appurtenances are contained
within a completely enclosed, architecturally integrated structure whose top and sides may
include grillwork, louvers, and latticework.
54. Prior to the issuance of building permits, constmction documents shall fully illustrate
compliance with the Citywide Storage Standards for Trash and Recyclable Materials (SDMC) to
the satisfaction ofthe City Manager. All exterior storage enclosures for trash and recyclable
materials shall be located in a manner that is convenient and accessible to all occupants of and
service providers to the project, in substantial conformance with the conceptual site plan marked
Exhibit "A," on file in the Development Services Department.
55. The Owner/Permittee shall provide a kiosk or bulletin board that displays information on
transit use, carpooling, and other forms of ridesharing for office, residential and hotel
tenants/guests.
56. No more than four pushcarts shall be allowed in the areas identified as "Civic Green" and
"Pocket Park" on Lots 2 and 3 ofthe approved Exhibit "A," pursuant to SDMC §141.0619(a).
The hours of operation for pushcarts shall occur only between the hours of 6:00 am and 12:00
midnight.
57. The pedestrian and non-motorized vehicle easement shown on the approved Exhibit "A"
shall be free of all obstmctions and maintained at all times. Obstmctions shall include, yet not
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be limited to, telephone booths, newspaper stands, pushcarts, trash receptacles, benches, trees,
and other similar objects.
TRANSPORTATION REQUIREMENTS:
58. Priorto the issuance ofthe first building permit, exclusive of a building permit to constmct
a foundation for the parking garage for the first and second towers, the Owner/Permittee shall
assure, by permit and bond, constmction of a pedestrian bridge from Costa Verde to the north
side of La Jolla Village Drive as stated in the Costa Verde Specific Plan Final EIR, and as
shown on Exhibit "A," satisfactory to the City Engineer. The bridge shall be constmcted and
accepted by the City prior to the occupancy of any unit within this 560 dwelling unit
development. To the extent that constmction ofthe pedestrian bridge will benefit other
projects, the Owner/Permittee shall be entitled to, but not necessarily obligated to, seek
reimbursement by applying for a Cost Reimbursement District, consistent with Municipal Code
142.0680.
59. The Owner/Permittee shall provide one 16-passenger bus operating five days a week with
half-hour frequency to provide free service to UCSD, Scripps Hospital, Sonento Valley Transit
station, and other destinations within the community, similar to the SANDAG proposed
Superloop route, for the Costa Verde Specific Plan residents until such time as it may be
replaced or augmented by SANDAG's Superloop, satisfactory to the City Engineer.
60. Prior to the issuance ofthe first building permit, exclusive of a building permit to constmct
a foundation for the parking garage for the first and second towers, the Owner/Permittee shall
assure, by permit and bond, construction of all intersection improvements identified in Table
5.2-19 ofthe Monte Verde Final EIR, dated Dec. 22, 2006. To the extent that the mitigation
requirements will benefit other projects, the Owner/Permittee shall be entitled to, but not
necessarily obligated to, seek reimbursement by applying for a Cost Reimbursement District,
Municipal Code 142.0680.
61. Prior to the issuance of the first building permit, exclusive of a building permit to constmct
a foundation for the parking garage for the first and second towers, the Owner/Permittee shall
assure, by permit and bond, constmction or fair-share payment for improvements to mitigate
freeway ramp meter impacts identified in Table 5.2-19 of the Monte Verde Final EIR, as
modified by the Additional Information Statement, dated May 24, 2007.
62. Prior to the issuance ofthe first building permit, the Owner/Permittee shall assure, by
permit and bond, widening of Private Drive "A" to 46 feet of pavement, to be striped as a two
lane road with a two-way-lefl-tum-lane between Costa Verde Boulevard and the project's
southerly property line with transition to two lanes from project's southerly property line to
Esplanade Court, satisfactory to the City Engineer.
63. Prior to the issuance ofthe first building permit, the Owner/Permittee shall assure, by
permit and bond, restriping ofthe northbound approach on Costa Verde Boulevard at Private
Drive "A" to provide one exclusive right turn lane and one exclusive through lane, satisfactory
to the City Engineer.
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000449
64. All conditions/mitigations listed in the approved traffic analysis for the Monte Verde
project must be addressed, satisfactory to the City Engineer.
65. The Owner/Permittee shall comply with all current street lighting standards according to
the City of San Diego Street Design Manual (Document No. 297376, filed November 25, 2002)
and the amendment to Council Policy 200-18 approved by City Council on Febmary 26, 2002
(Resolution R-296141) satisfactory to the City Engineer. This may require, but not be limited to
the installation of new street light(s), upgrading light from low pressure to high pressure sodium
vapor, and/or upgrading wattage.
WASTEWATER REQUIREMENTS:
66. Prior to the issuance of any occupancy, the Owner/Permittee shall have completed the
constmction of all ofthe off-site public sewer facilities necessary to serve this development per
the approved improvement drawings, and shall show evidence that they are operational.
67. The Owner/Permittee shall design all proposed public sewer facilities, and prepare
necessary improvement drawings, according to the most current edition ofthe City of San
Diego's Sewer Design Guide. Proposed facilities that do not meet the cunent standards shall be
re designed.
68. Prior to the approval of any building and/or public improvement permits, the
Owner/Permittee shall provide evidence, satisfactory to the Metropolitan Wastewater
Department Director, indicating that each lot or unit will have its own sewer lateral or provide
CC&R's for the operation and maintenance of all on site private sewer facilities that serve more
than one lot (or unit).
69. All proposed public sewer facilities are to be designed and constmcted in accordance with
established criteria in the most cunent City of San Diego sewer design guide. Proposed
facilities that do not meet the cunent standards shall be private or re-designed.
70. All proposed private underground sewer facilities located within a single lot shall be
designed to meet the requirements ofthe California Unifonn Plumbing Code and shall be
reviewed as part ofthe building permit plan check.
71. To the extent that the above sewer improvements benefit other projects, the
Owner/Permittee shall be entitled to, but not necessarily obligated to, seek reimbursement by
way of entering into a Reimbursement Agreement with the City or by applying for a Cost
Reimbursement District, consistent with either Council Policy 400-07 or Municipal Code
142.0680.
72. Prior to the issuance of any public permit, exclusive of a building permit to constmct a
foundation for the parking garage for the tower "A" and tower "B," the Owner/Permittee shall
assure, by permit and bond, the design and construction of all off-site public sewer facilities that
are necessary to serve this development, pursuant to the accepted sewer study.
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000450
WATER REQUIREMENTS:
73. Priorto theissuance of any building permits, the Owner/Permittee shall apply for
plumbing permit(s) for the installation of private back flow prevention device(s) on all existing
or proposed water services to the development, including all domestic, fire and irrigation
services, in a manner satisfactory to the Water Department Director and the City Engineer. All
backflow prevention devices shall be located above grade and outside of any private stmctures.
74. Prior to the issuance of any certificates of occupancy, the Owner/Permittee shall install fire
hydrants at locations satisfactory to the Fire Department, the Water Department Director and the
City Engineer. Fire hydrants shall be located a minimum of five feet from any stmctures above,
at, or below grade. Fire hydrants installed on private property shall be private.
75. Prior to the issuance of any certificates of occupancy, the Owner/Permittee shall design and
constmct new public water facilities, into acceptable alignments and right-of-way, in the event
any public water facility adjacent to the project site loses integrity due to the constmction and
grading activities associated with this development, in a manner satisfactory to the Water
Department Director and the City Engineer.
76. Prior to the issuance of any certificates of occupancy, the public water facilities, including
domestic, fire and irrigation services and meters necessary to serve this development, shall be
complete and operational in a manner satisfactory to the Water Department Director and the
City Engineer.
77. The Owner/Permittee agrees to design and constmct all proposed public waler facilities in
accordance with established criteria in the most cunent editions ofthe City of San Diego Water
Facility Design Guidelines and City regulations, standards and practices pertaining thereto.
Public water facilities and easements, as shown on approved Exhibit "A," shall be modified at
final engineering to comply with standards.
78. Prior to the issuance of.any building permits, the Owner/Permittee shall grant adequate
water easements over all public water facilities that are not located within fully improved public
rights-of-way, satisfactory to the Water Department Director and the City Engineer. Easements,
as shown on approved Exhibit "A", will require modification based on standards at final
engineering.
79. Prior to the issuance of any building permits, the Owner/Permittee shall assure, by permit
and bond, the design and constmction of two parallel 12-inch water facilities in Costa Verde
Boulevard, in a manner satisfactory to the Water Department Director and the City Engineer.
80. Prior to the issuance ofthe first building permit, exclusive of a building pennit to constmct
a foundation for the parking garage for the first and second tower, the Owner/Permittee shall
assure, by permit and bond, the design and construction of new water service(s) and the removal
of all existing water services adjacent to the project site, in a manner satisfactory to the Water
Department Director and the City Engineer.
Page 12 of 14
GEOLOGY REQUIREMENTS
81. Prior to issuance of building permits additional geotechnical information such as
verification of as-graded or existing soil conditions needed for design of structure foundations
shall be subject to approval by Building Development Review.
INFORMATION ONLY:
· Any party on whom fees, dedications, reservations, or other exactionshave been imposed
as conditions of approval of this development permit, may protest the imposition within
ninety days ofthe approval of this development permit by filing a written protest with the
City Clerk pursuant to California Government Code section 66020.
· This development maybe subject to impact fees at the time of building/engineering permit
issuance
APPROVED by the Council ofthe City of San Diego on September 17, 2007, Resolution No.
XXXXX.
Page 13 of 14
Planned Development Permit No. 1076
Site Development Permit No. 372422
Public Right of Way Permit No. 464724
Date of Approval: September 17, 2007
AUTHENTICATED BY THE DEVELOPMENT SERVICES DEPARTMENT
Tim Daly
Development Project Manager
NOTE: Notary acknowledgment
must be attached per Civil Code
section 1180 et seq.
The undersigned Owner/Permittee, by execution hereof, agrees to each and every condition of
this Permit and promises to perform each and every obligation of Owner/Permittee hereunder.
COSTA VERDE HOTEL, LLC
Owner/Permittee
By
S&L Posnock Living Tmst, dated 8/4/95
Stuart E. Posnock, Tmstee
NOTE: Notary acknowledgments
must be attached per Civil Code
section 1180 etseq.
Rev. 10/26/06 jsf
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000453
JffaA. 4- f
PLANNING COMMISSION OF THE CITY OF SAN DIEGO
MINUTES OF REGULAR SCHEDULED MEETING OF
MARCH 15, 2007
IN CITY COUNCIL CHAMBERS -12™ FLOOR
CITY ADMINISTRATION BUILDING
CHRONOLOGY OF THE MEETING:
Chairperson Schultz called the meeting to order at 9:25 a.m. Chairperson Schultz adjourned the
meeting at 4:00 p.m.
ATTENDANCE DURING THE MEETING:
Chairperson Barry Schultz- presenl
Vice-Chairperson Kathleen Garcia- present
Commissioner Robert Griswold- Not present
Commissioner Gil Ontai-present
Commissioner Dennis Otsuji- present
Commissioner Eric Naslund- present
Vacancy
Shirley Edwards, City Attorney- present
Cecilia Williams, Planning Department - present
Mike Westlake, Development Services Department-present
Sabrina Curtin, Recorder-present
000455
PLANNING COMMISSION MINUTES OF MARCH 15, 2007 PAGE 4
s^TEM-9: *MONTE VERDE- PROJECT NO. 6563
^ City Council District: 1; Plan Area; University
Time Daly presented Report No. PC-07-Q43 to the Planning Commission.
Speaker slips submitted in favor bv: Paul Robinson; Stuart Posnock, Martin Poirier,
Calvin, Woo, Ceorge Lattimer, Victoria Molina, Jim Gleason, Ken Price, Curtis
Olson, Ruthe Resnick, Michelle Shriner, Cadie Browne, Betsy Lane, Art Johnson,
Timmery Pearl, David Bretow, Rita Geller, Marvin Muskat, Michael Engel, Patti
Krebs, Glga Corona, Lawerance Levy, Kathy Bongiovanni, Scott Bamett, Karin
Threat, Robert Landry, Alice Tana, Brandon King, Justin Mott, Kimberly Sosa,
David Hill, Patricia Quizoda, Roya Noori, Bruce File, James Howe, Susana Albarran,
Paul Hermann, Martha Dalseth, Patricia LaPointe, Andrew Tran, Michele Rogers,
Steven Morse, Arturo Zepeda, Thomas Winkler, Carol Morse, Javier Pinon, James
Bradle, Michael Chism, Chris Winkler, John Ortiz, Shaalia Edwards, Anne Leckie,
Mary Smith, James Leckie III, Ronald Nielsen, Jared Ziman, Martha Ramirez,
Stefanie Wardrip, Irina Dubova, Toby Wardrip, Tina Duong, Monica Cuenas,
Richard Biberacher, Lana Lasam, Robin Rogerson, Jason Manipon, Jim Mitchell,
Sarena Cawles, Jeff Van Andel, Karen Caruse, Myles Gardner, Mario Mendez, Cathy
Espinoza, Joanna Zuniga, Tami Pearce, Andrea, Bos, Robert Lettas, Lyana Khan,
Jenny Brown, Cynthia Gerdes, Juan Villegas, Nozar Ravanbach, Siavash
Khajehzadeh, Jeff Baker, Richard Hadley, Derek Ek, Steve Knight, John Still, Sandra
Goldman, Thelma Bretow, Ahmad Arfaei, Charlotte Knutson, Sarah Holder, Ryan
Martinez, Melissa Khoury, Roger Stewart, Petar Emge, Derrick Emge, Suranglehana,
Burthaiest, Paul Kennedy, Joel Alegre, Stephen Kennedy, Scott Robinson, Cathy
Carlson, Janet Bianchini, Anita Craig, Bruce Dahl, Warren Oswalt, Joel Fields, Judith
Levy, Jeanette Hollingworth, Juvenal Velazquez, Richar Maurer, Jeff Harvey, Bob
Bergemann, Don Pansquill, Sandra Nugent, Chuck Chom, Saul Vega, Andrew
Trushinski, Richard Powers, Carol Matson, Time Loewer, Jesus Valencia, Gale
Gerdes, Paige Strohson, Brian Bozsoki, Lorenzo Mendoza, J.T. Anderson, Heidi
Anderson, Greff Salowsky, Michael Labame, and Edwin Bucy,
Speaker slips submitted in opposition by: Linda Colley, Chris Paterson, Charles Pratt,
Patricia Wilson, Deborah Knight, Theresa Quiroz, Kevin Wirsing, Robert Treitler,
and Janay Kruger.
COMMISSION ACTION:
MOTION BY COMMISSIONER ONTAI RECOMMENDS THAT THE CITY
COUNCIL ACCEPTS THE REDUCED 21-STORY PROPOSAL, WITH
ADDITIONAL RECOMMENDATION;
THE PLANNING COMMISSION IS UNABLE TO FIND THE -
EXTRAORDINARY BENEFIT THAT ALLOWS US
TO MAKE THE STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE
PROJECT AS DEFINED BY THE APPLICANT. THE COMMISSION
RECOGNIZES THAT THE 21-STORY "REDUCED PROJECT ALTERNATIVE"
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PAGE
THAT IS DISCUSSED IN THE FINAL ENVIRONMENTAL IMPACT (FEIR)
REDUCES THE CUMULATIVE AND UNMITIGABLE
IMPACTS, HOWEVER WE ACKNOWLEDGE THAT WE STILL HAVE
SIGNIFICANT UNMITIGATED NEGATIVE IMPACTS ON WHICH WE STILL
CANNOT MAKE THE FINDINGS OF OVERRIDING CONSIDERATION FOR
THIS "REDUCED ALTERNATIVE."
THAT THE RESPONSES TO ISSUES RAISED BY THE CITY ATTORNEY
DURING THE
MOTION WILL BE ADDRESSED AND PRESENTED TO THE CITY COUNCIL
BY STAFF.
Second by Vice-Chairperson Garcia. Passed by a 4-1 -2 with Commissioner Naslund
voting nay, Commissioner Griswold not present and one vacancy.
Resolution No. 4245-PC.
ITEM-9: CONSIDERATION OF THE EAST VILLAGE SQUARE
COMPREHENSIVE SIGN PLAN
City Council District: 2; Plan Area: Downtown
Brad Richter presented Report NO. PC-07-05do the Planning Commission
No one present to speak in favor or opposition.
COMMISSION ACTION:
MOTION BY COMMISSIONER ONTAI TO RECOMMEND THE CITY
COUNCIL APPROVE THE EAST VILLAGE COMPREHENSIVE SQUARE SIGN
PLAN.
Second by Commissioner Ontai passed by a 4-0-3 vote with Commissioner Naslund
recusing, Commissioner Griswold not present, and one vacancy.
Resolution No. 4234-PC.
ITEM-10: WATSON RANCH CREEK CULVERT REPLACEMENT
PROJECT NO. 90309
City Council District; I; Plan Area: Torrey Highlands Communily Plan area
COMMISSION ACTION:
CONSENT MOTION BY VICE-CHAIRPERSON GARCIA TO CERTIFY
MITIGATED NEGATIVE DECLARATION NO. 90309, ADOPT THE
MITIGATION, MONITORING AND REPORTING PROGRAM (MMRP) AND
APPROVE SITE DEVELOPMENT PERMIT NO. 368889.
Second by Commissioner Ontai. Passed by a 4-2-1 vote with and vacany .
Resolution No. 4231 PC.