cc 2023 AR 11/14 sunset dr townhomes — Vista City Council, November 14, 2023 (part 1 of 2)

ACTION:
____________________________
Clerk/Secretary
Department: Community Development Item No: PH2
Prepared by: Chris Winters, Senior Planner Meeting Date: November 14, 2023 Approved by:

Joe Vacca, Community Development Director
John Conley, City Manager Agenda Location: Public Hearing SUBJECT: SUNSET DRIVE TOWNHOMES PROJECT (P22-0182)
RECOMMENDATION:

1.Open, conduct, and close a public hearing to receive testimony regarding Planning Case No. P22- 0182, the Sunset Drive Townhomes project.

2.Adopt City Council Resolution No. 2023- , approving a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Sunset Drive Townhomes Project, Planning Case No. P22- 0182.

3.Adopt City Council Resolution No. 2023- , approving a General Plan Amendment, Tentative Subdivision Map, Site Development Plan, and Condominium Housing Permit to allow for the construction of 38 condominium residences and associated site improvements on a 4.3-acre site located at 2112 Sunset Drive (APNs 166-450-39, 166-450-40, and 166-751-44).

4.Introduce and adopt City Council Ordinance No. 2023- , approving a Zone Change from C-1 Commercial Zone to Multi-family Residential at a density of 10 dwelling units per acre (R-M (10)) on two parcels (APNs 166-450-39 and 166-751-44) that make up the northern 3.1 acres of a 4.3-acre project site located at 2112 Sunset Drive, known as the Sunset Drive Townhomes Project.

CORRELATION TO CITY COUNCIL GOALS: Homelessness and Housing.

PRIOR ACTION: On September 28, 2021, and on January 25, 2022, discussed the proposed application for a General Plan Amendment and Zone Change on approximately 4.3 acres located at the northwest corner of Sunset Drive and Sky Haven Lane (No Vote).

PRIOR PLANNING COMMISSION ACTION: On October 17, 2023, adopted Planning Commission Resolution No. 2023-22, recommending City Council approval of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Sunset Drive Townhomes Project, Planning Case No.

P22-0182; and adopted Planning Commission Resolution 2023-23, recommending City Council approval of a General Plan Amendment, Zone Change, Tentative Subdivision Map, Site Development Plan, and Condominium Housing Permit to allow for the construction of 38 condominium residences and associated site improvements on a 4.3-acre site located at 2112 Sunset Drive (Vote: 4-0, De Jesus and Hastings absent, one vacancy).

AGENDA
REPORT

CITY COUNCIL

COMMUNITY DEVELOPMENT COMMISSION

SUCCESSOR AGENCY

BUENA SANITATION DISTRICT

JOINT POWERS FINANCING AUTHORITY
Approved above recommendation, adopted the following: 1) City Council Resolution No. 2023-198.

Vote: 5-0; 2) City Council Resolution No. 2023-199. Vote: 5-0; 3) City Council Ordinance No. 2023-12.

Vote: 4-1 (Melendez opposed).

MEETING DATE: NOVEMBER 14, 2023 PAGE 2
SUBJECT: SUNSET DRIVE TOWNHOMES PROJECT (P22-0182)
STATEMENT ON THE SUBJECT: The project consists of a request for a General Plan Amendment, Zone Change, Tentative Subdivision Map, Site Development Plan, and Condominium Housing Permit to develop 38 townhomes. Each of the proposed project entitlements is summarized below.

General Plan Amendment
The project proposes a General Plan Amendment to amend the land use designation on the northern portion of the site, which consists of two parcels (APNs 166-450-39 and 166-751-44), from General Commercial (GC) to Medium Density Residential (MD) to allow residential uses with a maximum density of 10 dwelling units per acre. The existing and proposed General Plan designations are provided in Exhibit

2. Zone Change
The project proposes a Zone Change to modify the zoning designation on the northern portion of the site (APNs 166-450-39 and 166-751-44) from C-1 Commercial Zone to R-M (10) Multi-Residential Zone. The existing and proposed zoning designations are provided in Exhibit 3.

Site Development Plan
The project includes 38 two-story townhomes in 10 residential buildings located on 4.3 acres. The site is split by an existing driveway that serves the Green Valley mobile home community. Construction on the northern portion of the site would consist of three 4-plexes and four 3-plexes, for a total of 24 townhomes in seven buildings. Construction on the southern portion of the site would consist of two 5-plexes and one 4-plex, for a total of 14 townhomes in three buildings. Overall, the proposed density is approximately 9 units per acre (approximately 8 units per acre on the northern portion of the site and 12 units per acre on the southern portion). All the townhomes feature a two-car enclosed garage.

Based on the Site Development Plan, the proposed buildings would cover 38,812 square feet (sq. ft.), or approximately 21 percent of the site area. Parking and common driveways would cover 35,638 sq. ft. or approximately 19 percent of the site. Landscaping and open space would consist of 113,064 sq. ft. or roughly 60 percent of the project site. These areas include common and private outdoor recreation areas, other planted areas within the project, and 37,505 sq. ft. of natural open space that would remain undisturbed within the Buena Vista Creek area.

Tentative Subdivision Map
A Tentative Subdivision Map is proposed for the division and development of the existing three parcels into 38 attached condominiums (townhomes), private roadways, and common use areas that would be maintained by a home owner’s association.

Offsite Improvements. The project would construct a new sidewalk within the public right-of-way along the eastern site frontage, which would connect to the existing public sidewalk north of the project site along S.

Emerald Drive. Additional improvements to the street frontage include new curb and gutter, a 5-foot-wide bicycle lane, two speed-radar feedback signs (one for north-bound traffic, one for south-bound traffic) to reduce speeding, and a new two-way left turn lane separating the two through-lanes in order to improve vehicular access to the driveways to the project and to the driveway to the existing mobile home park.

Vehicular Access. Two full access driveways would connect the project to the public right-of-way along Sunset Drive. A third driveway would be gated to provide emergency vehicle access only. Onsite circulation would consist of two-lane private roadways throughout both the northern and southern portions of the site.

For a complete description of the project, please refer to the October 17, 2023, Planning Commission staff report (Exhibit 4) and the Initial Study/Mitigated Negative Declaration. 11/14/2023 PH2 2 of 261

MEETING DATE: NOVEMBER 14, 2023 PAGE 3
SUBJECT: SUNSET DRIVE TOWNHOMES PROJECT (P22-0182)
Planning Review. The project would implement the development standards specified in the R-M Zone pertaining to building height, setbacks, and density. The project proposes building heights that would not exceed 30 feet, 3 inches, which would comply with the maximum allowable height of 35 feet. The R-M Zone requires a minimum 20-foot front setback and 15-foot side and rear setbacks. The project provides a 20-foot front setback for the northern portion of the site and a 28-foot front setback for the southern portion of the site. The project is designed with side and rear setbacks ranging from 15 to 34 feet (and further adjacent to Buena Vista Creek). The building that contains Unit 24 must be shifted a few feet away from the rear property line to meet the 15-foot minimum and there is sufficient area available onsite.

Therefore, compliance will be verified on the final Site Development Plan as stipulated in the project conditions. The project includes a request to change the zoning of the northern portion of the site from C- 1 Commercial to R-M (10). The existing zoning of the southern portion of the site is R-M (15). The project proposes residential densities of 8 units per acre on the northern portion of the site and 12 units per acre on the southern portion of the site, which would comply with the maximum densities allowed by the R-M (10)and R-M (15) zones, respectively.

Parking and Open Space. The project requires 107 total parking spaces, which is 2.5 parking stalls for each of the 14 two-bedroom townhomes (35 stalls) and 3 parking stalls for each of the 24 three-bedroom townhomes (72 stalls). The project meets this requirement by providing 76 enclosed garage stalls and 34 open (guest) parking stalls, for a total of 110 stalls. The project requires 12,500 square feet of common usable open space and provides 23,313 square feet with various amenities (outdoor dining, tot lot, play areas, etc.) to comply with this requirement. The project also requires a minimum of 100 square feet of private open space for each townhome (3,800 square feet total). The project meets this requirement by private patio areas that, in total, provide 16,300 square feet of private patio areas. The Development Code requires 15 percent of the project site to be landscaped. The project proposes approximately 74,466 square feet of landscaping, which is 40 percent of the project site as shown on the concept landscape plan. Site lighting will be provided by light poles placed along pedestrian pathways and parking areas onsite, The project also includes continuous light strings and bollard lighting within the common usable open space areas.

Unit Types. The project proposes 14 two-bedroom units and 24 three-bedroom units in four floor plans, with sizes ranging from 1,440 square feet to 1,780 square feet. The first floor of each townhome has a 2- car garage, kitchen, living, dining areas, and a half-bath. Bedrooms, full-bathrooms, and washer and dryer hookups are located on the second floor. Additionally, 30 units would include a loft area on the second floor designed for use as an upstairs living room.

Plan Square Footage (sq.
ft.) Bedrooms Bathrooms Number of
Units
1 1,440 2 + Loft 2.5 14
2 1,540 3 + Loft 2.5 12
3 1,710 3 2.5 8
4 1,780 3 + Loft 2.5 4
Total 38
Source: SUMMA Architecture 2022
Architectural Design. The building exteriors are designed with Spanish architectural features, utilizing concrete S-tile roofing and stucco finishes in three color schemes. Decorative details include recessed windows with arched soffits, decorative metal awnings, and composite shutters. Other metal work includes decorative grills, pot-shelves, and faux Juliet balconies.

Environmental Review. A Mitigated Negative Declaration (MND) was prepared for the proposed project, which is included as Exhibit “A” to Exhibit 1. The project’s mitigation requirements are summarized in the 11/14/2023 PH2 3 of 261

MEETING DATE: NOVEMBER 14, 2023 PAGE 4
SUBJECT: SUNSET DRIVE TOWNHOMES PROJECT (P22-0182)
Mitigation Monitoring and Reporting Program (MMRP) included with the MND. The MND was circulated for public review from June 29, 2023, to July 28, 2023. The City received 11 comment letters during the public review. All comments received and staff’s responses are attached to the MND (Appendix K to Exhibit 1.A). The project will be required to comply with the mitigation measures specified in the MND and included within the project’s MMRP.

Traffic. A Local Transportation Assessment (Appendix E to the MND) was prepared for the project to evaluate existing traffic conditions, project trip generation, and access to the project site. Based on the City of Vista’s improvement thresholds that use a Level of Service (LOS) analysis, no significant effects are identified as the proposed project adds less than 2 seconds of average vehicle delay. The project would add only five AM and seven PM peak hour trips to the Sunset Drive/Sky Haven intersection, which is determined to be within the day-to-day fluctuation in traffic. Therefore, it was determined that no further public improvements are required by the project. The project also did not trigger the need for traffic mitigation for purposes of CEQA.

Site Amenities. The City’s Design Guidelines require that at least two functional amenities be provided for the project. The project proposes to meet this requirement by providing 23,313 square feet of common open space that would include reading nooks with Adirondack chairs; a play area including a tot lot, bench seating, and picnic table areas; two outdoor dining lounges with shade structures, a barbeque island, dining chairs, and a fire pit with lounge seating; a corn-hole game area; and a passive lawn area with bench seating.

Planning Commission Hearing. A public hearing was held at the Planning Commission on October 17, 2023, to consider the project. At the completion of the hearing, the Planning Commission voted to recommend approval of the project as outlined in Planning Commission Resolutions 2023-22 and 2023-

23.The Planning Commission staff report and minutes from the October 17, 2023, meeting are included as Exhibit 4.

FISCAL IMPACT: The estimated value of the project at completion is approximately $26.6 million, which is anticipated to generate approximately $39,368 per year in property tax revenue for the City.

EXHIBITS:

1.City Council Resolution No. 2023- , approving a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Sunset Drive Townhomes Project, Planning Case No. P22- 0182, with Exhibits A and B

2.City Council Resolution No. 2023- , approving a General Plan Amendment, Tentative Subdivision Map, Site Development Plan, and Condominium Housing Permit to allow for the construction of 38 condominium residences and associated site improvements on a 4.3-acre site located at 2112 Sunset Drive (APNs 166-450-39, 166-450-40, and 166-751-44), with Exhibits A, B and C

3.City Council Ordinance No. 2023- , a Zone Change from C-1 Commercial Zone to Multi-family Residential at a density of 10 dwelling units per acre (R-M (10)) on two parcels (APNs 166-450-39 and 166-751-44) that make up the northern 3.1 acres of a 4.3-acre project site located at 2112 Sunset Drive, known as the Sunset Drive Townhomes Project with Exhibit A

4. October 17, 2023, Planning Commission Staff Report and Minutes

5.Location Map

6.Large Scale Plans (limited distribution)
11/14/2023 PH2 4 of 261

P22-0182 RESO MND
RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF

VISTA, CALIFORNIA, APPROVING MITIGATED NEGATIVE DECLARATION

AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE SUNSET DRIVE TOWNHOMES PROJECT, PLANNING CASE NO. P22-0182 APPLICANT: LEGACY PARTNERS
PLANNING CASE NO. P22-0182
The City Council of the City of Vista does resolve as follows:

1. Findings. The City Council hereby finds and declares the following:

A. The applicant filed an application for a General Plan Amendment from General Commercial (GC) to Medium Density Residential (MD), a Zone Change from the C-1 Commercial Zone to the R-M (10) Multi-Residential Zone, a Tentative Subdivision Map, Site Development Plan, and Condominium Housing Permit to allow for the construction of 38 condominium residences, private streets, and associated improvements on a 4.3-acre site located at 2112 Sunset Drive (The overall project is comprised of three parcels, APNs 166-450-39, 166-450-40, and 166-751-44. The General Plan Amendment and Zone Change only apply to parcels 166-450-39 and 166- 751-44);
B. A Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program was prepared for the proposed project, attached hereto as Exhibit “B”;
C. A notice describing the proposed project and the intent to adopt a Mitigated Negative Declaration was duly mailed to all property owners within 500 feet of the property boundaries and published in the “Union Tribune,” a newspaper of general circulation, more than 30 days prior to the Planning Commission public hearing in order to provide an opportunity for public comment on the Mitigated Negative Declaration; D. Eleven comment letters were received regarding the information included in the Mitigated Negative Declaration;
E. Potential environmental impacts in the areas of Biological Resources, Cultural Resources, Hazards and Hazardous Materials, and Noise would be mitigated to less than significant levels with implementation of the mitigation measures included in the Mitigation Monitoring and Reporting Program, attached hereto as Exhibit “B”; F. On October 17, 2023, the Planning Commission held a public hearing, duly noticed and conducted in the manner required by law, on said application and proposed Mitigated Negative Declaration, and at said public hearing every person wishing to address the Planning Commission regarding said application and Mitigated Negative Declaration had an opportunity to do so;
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EXHIBIT 1

RESOLUTION 2023-

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2
P22-0182 RESO MND
G. In accordance with the California Environmental Quality Act and the State CEQA Guidelines, the City Council has reviewed and considered said application and Mitigated Negative Declaration, all written comments received, and all comments presented at the public hearing in reaching its decision on the application.

2. Action.

A. The above recitals are true and correct.

B. Based upon the Initial Study and the reports, comments and recommendations received, the City Council finds and determines that there is no substantial evidence in the record before it that the project, if mitigated as proposed in the Mitigation Monitoring and Reporting Program, may have a significant impact on the environment.

C. The City Council, pursuant to Section 15074 of the California Environmental Quality Act Guidelines, hereby adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, a copy of which are attached hereto as Exhibits “A” and “B”.

3. Adoption. PASSED AND APPROVED at a regular meeting held on the 14th day of November, 2023, by the Vista City Council by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

JOHN FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:

Exhibits:

A. Mitigated Negative Declaration
B. Mitigation Monitoring and Reporting Program

APPROVED
Walter C. Chung
20231103155147
11/14/2023 PH2 6 of 261

MITIGATED NEGATIVE DECLARATION AND

INITIAL STUDY CHECKLIST
P22-0182
PROJECT NAME:

PROJECT LOCATION:

APN(S):

PROJECT APPLICANT:

LEAD AGENCY:

PUBLIC REVIEW
PERIOD:

Sunset Drive Townhomes Project
2112 Sunset Drive
166-450-39; 166- 450-40; 166-751-44
Legacy Partners
5141 California Avenue, Suite 100
Irvine, California 92617
City of Vista
Community Development Department
Planning Division
200 Civic Center Drive
Vista, California 92084-6275
Contact: Christopher Winters, Associate Senior Planner
760.643.5394
June 29, 2023 – July 28, 2023
This Mitigated Negative Declaration (MND) and Initial Study (IS) have been prepared pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code, Section 21000, et seq.) and the State CEQA Guidelines (California Code of Regulations, Section 15000, et seq.). It is available for a 20-day public review period as shown above.

Comments regarding this MND/IS must be made in writing and addressed to Mr. Christopher Winters, Planning Division, 200 Civic Center Drive, Vista, California 92084-6275, or sent by e-mail to [email protected]. Comments should focus on the sufficiency of the document in identifying and analyzing the potential impacts on the environment that may result from the proposed project, and the ways in which any significant effects are avoided or mitigated.

All comments must be received in the Planning Division office no later than 5:00 p.m. on the last day of the public review period noted above. After public review of this Draft MND is complete, a final version of the MND will be prepared. The final version of the MND may contain revisions/clarifications to the text or in response to the comments received as part of the public review period of the Draft MND. Any revisions to be included in the final version of this MND will be made in tracking mode (strikeout/underline), so that the original and revised text may be compared. Public comments received on the Draft MND, and the City’s responses to comments, will beare included as part of the final MND as Appendix K. 11/14/2023 PH2 7 of 261

Sunset Drive Townhomes – P22-0182 September 2023
Mitigated Negative Declaration/Initial Study Checklist
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Sunset Drive Townhomes – P22-0182 September 2023
Mitigated Negative Declaration/Initial Study Checklist

TABLE OF CONTENTS
Topic Page
Chapter 1 - Introduction ....................................................................... 1 -1 Overview ........................................................................................................................................... 1-1 Authority ........................................................................................................................................... 1-1 Scope ................................................................................................................................................ 1-1 Chapter 2 - Environmental Setting and Project Description ............... 2 -1 Project Overview .............................................................................................................................. 2-1 Historic Uses of the Project Site ..................................................................................................... 2-1 Environmental Setting ..................................................................................................................... 2-2 Surrounding Land Uses ................................................................................................................... 2-2 Proposed Project Description ......................................................................................................... 2-3 Chapter 3 – Initial Study Environmental Checklist ..................................... 3 -1 Project Information .......................................................................................................................... 3-1 Environmental Factors Potentially Affected ................................................................................... 3-2 Environmental Determination ......................................................................................................... 3-2 Chapter 4 – Evaluation of Environmental Impacts ..................................... 4 -1 I. Aesthetics ...................................................................................................................................... 4-2 II. Agriculture and Forestry Resources ........................................................................................... 4-4 III. Air Quality .................................................................................................................................... 4-5 IV. Biological Resources .................................................................................................................. 4-9 V. Cultural Resources .................................................................................................................... 4-15 VI. Energy ........................................................................................................................................ 4-20 VII. Geology and Soils .................................................................................................................... 4-22 VIII. Greenhouse Gas Emissions ................................................................................................... 4-25 IX. Hazards and Hazardous Materials .......................................................................................... 4-27 X. Hydrology and Water Quality ..................................................................................................... 4-31 XI. Land Use and Planning ............................................................................................................ 4-36 XII. Mineral Resources ................................................................................................................... 4-38 XIII. Noise ........................................................................................................................................ 4-38 XIV. Population and Housing ......................................................................................................... 4-43 XV. Public Services ......................................................................................................................... 4-44 XVI. Recreation ............................................................................................................................... 4-47 XVII. Transportation/Traffic ........................................................................................................... 4-48 XVIII. Tribal Cultural Resources ..................................................................................................... 4-52 XIX. Utilities and Service Systems ................................................................................................. 4-54 XX. Wildfire ..................................................................................................................................... 4-58 XXI. Mandatory Finding of Significance ........................................................................................ 4-59 Chapter 5 - References and List of Preparers ....................................... 5 -1 11/14/2023 PH2 9 of 261

Sunset Drive Townhomes – P22-0182 September 2023
Mitigated Negative Declaration/Initial Study Checklist
Appendices
Appendix A – Air Quality Technical Report
Appendix B - Biological Resources Due Diligence Memorandum Appendix C – Negative Cultural Resources Phase I Letter Report Appendix D – Greenhouse Gas Emissions Analysis
Appendix E – Local Transportation Assessment
Appendix F – Water Supply Study
Appendix G – Noise Technical Report
Appendix H – Geotechnical Investigation
Appendix I – Additional Geotechnical Consultation
Appendix J – Transportation Assessment Addendum
Appendix K – Public Comments and Responses to Comments
Figures
Figure 1 – Project Location
Figure 2 – Project Area
Figure 3 – Conceptual Site Plan
Figure 4a – Conceptual Landscape Plan - Tree and Vine Planting Figure 4b – Conceptual Landscape Plan - Shrub and Groundcover Planting Figure 5 – Conceptual Open Space Plan
Figure 6 – Visual Simulations

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City of Vista Chapter 1 - Introduction
Sunset Drive Townhomes Project – P22-0182 1-1 September 2023 Mitigated Negative Declaration/Initial Study Checklist
Chapter 1

INTRODUCTION
Overview
As part of the permitting process under the City of Vista’s (City) Planning Division, the Sunset Drive Townhomes Project (or “proposed project”), which consists of a General Plan Amendment, Zone Change, Site Development Plan, Condominium Housing Permit, and Tentative Subdivision Map, is required to undergo an environmental review pursuant to the California Environmental Quality Act (CEQA). One of the main objectives of CEQA is to disclose to the public and decision makers the potential environmental effects of proposed activities. CEQA requires that the lead agency prepare an Initial Study (IS) to determine whether an Environmental Impact Report (EIR), Negative Declaration (ND), or a Mitigated Negative Declaration (MND) is needed. The City’s Planning Division is the lead agency for the proposed project under CEQA, and it has prepared this MND/IS to evaluate the potential environmental consequences associated with the development of the Sunset Drive Townhomes Project.

Authority
The preparation of this MND/IS is governed by two principal sets of documents: CEQA (Publi c Resources Code Section 21000, et seq.) and the State of California (State) CEQA Guidelines (California Code of Regulations Section 15000, et seq.). Specifically, the preparation of an MND/IS is guided by the State CEQA Guidelines; Section 15063 describes the requirements for initial studies, and Sections 15070–15075 describe the process for the preparation of an MND.

Where appropriate and supportive to an understanding of the issues, reference will be made to either the CEQA statute or State CEQA Guidelines. This MND/IS contains all of the contents required by CEQA, which includes a project description, a description of the environmental setting, potential environmental impacts, mitigation measures for any significant effects, consistency with plans and policies, and names of preparers.

Scope
This MND/IS evaluates the proposed project’s effects on the following resource topics:
• aesthetics • land use planning
• agricultural resources • mineral resources
• air quality • noise
• biological resources • population and housing
• cultural resources • public services
• geology and soils • recreation
• greenhouse gas emissions • transportation/traffic
• hazards and hazardous materials • utilities and service systems • hydrology and water quality
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City of Vista Chapter 1 - Introduction
Sunset Drive Townhomes Project – P22-0182 1-2 September 2023 Mitigated Negative Declaration/Initial Study Checklist
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City of Vista Chapter 2 - Environmental Setting and Project Description Sunset Drive Townhomes Project – P22-0182 2-1 September 2023 Mitigated Negative Declaration/Initial Study Checklist
Chapter 2

E NVIRONMENTAL S ETTING

AND P ROJECT D ESCRIPTION
Project Overview
The Project involves approval of a General Plan Amendment, Zone Change, Site Development Plan, Condominium Housing Permit, and Tentative Subdivision Map, to develop 38 two-story townhomes and associated improvements on a 4.32-acre site located at 2112 Sunset Drive in Vista, California (Figure 1). The Project site consists of three parcels (166-450-39; 166-450-40; 166-751-44). The project site is located on the west side of Sunset Drive/S. Emerald Drive and is split by an existing driveway that serves the Green Valley mobile home community (Figure 2). Of the 38 proposed townhomes, 24 units would be located north of the Green Valley mobile home driveway on 3.09 acres, and 14 units would be located south of the existing driveway on

1.18 acres (Figure 3). The 38 townhomes would be split amongst 10 buildings on-site.

The northern portion of the site is currently designated as General Commercial (GC) with an associated zoning designation of C-1 (Commercial) in the Vista General Plan 2030 (City of Vista 2011). The project proposes the site be redesignated to Medium Density Residential (MD) with an associated zoning of Multifamily Residential (R-M (10)). The southern portion is currently designated Medium High Density Residential (MHD) which allows 15 dwelling units per acre (du/acre) and has an associated zoning of Multi-Family Residential (R-M (15)). The land use and zoning designation for the southern portion of the project would remain as is in proposed conditions, as the proposed 14 units on the southern portion of the site would be consistent with the current land use and zoning. The project would require a General Plan Amendment and Rezone for the northern portion of the project site, which would allow for the development of 24 residential units. Site access is proposed via one full access driveway serving the 24 units in the northern portion of the site, as well as two driveways serving the 14 units on the southern portion of the site. The southernmost access point for the southern portion of the site, closest to Sky Haven Lane, would serve as emergency access only, while the northern driveway would provide day to day access for the southern 14 units.

The project site currently features an existing residence and associated structures which would be demolished prior to project development.

Historic Uses of the Project Site
The Negative Cultural resources Phase I Letter Report for the Sunset Drive Townhomes Project (Appendix C) included an online review of historic aerial photographs of the Project site, which revealed that the site has undergone agricultural uses prior to 1938 and between 1946 and 1943. Additionally, by 1938 three structures had been constructed within the eastern portion of the Project site. The existing residence was constructed by 1986, and by 1994 additional ancillary structures had been constructed.
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City of Vista Chapter 2 - Environmental Setting and Project Description Sunset Drive Townhomes Project – P22-0182 2-2 September 2023 Mitigated Negative Declaration/Initial Study Checklist
Existing Environmental Setting

CITY OF VISTA
Vista is a largely built-out, predominantly low-density residential community located seven miles inland from the Pacific Ocean in northern San Diego County. Clusters of urbanizing higher density developments are scattered throughout its central portion. The city is located in rolling topography of the western foothills of the San Marcos Mountains, with elevations ranging from approximately 200 feet to about 750 feet above mean sea level (AMSL). Pleasant views are found from various points throughout the city, with some higher elevations offering captivating vistas of the Pacific Ocean to the west. In addition to the pleasing topography of the mountains and hills, Vista is lushly vegetated from the low level creek beds to the steep slopes of the foothills, which also contributes to the overall beauty of the community. The city also has two major creeks that flow through its boundaries, Buena Vista Creek and Agua Hedionda Creek.

PROJECT SITE
The Project site is bisected “north” (northwest) to “south” (southeast) by an existing parking lot designated for the mobile homes west of the site. The southern portion of the Project site currently features an existing residence and associated structures, while the northern portion of the Project site features undeveloped, vacant land. The site is relatively flat with an elevation ranging from 211 in the north to 236 feet AMSL in the south.

Hydrologically, the site is within the Vista Subarea (904.22) of the Buena Vista Creek Hydrologic Area (904.20) of the Carlsbad Hydrological Unit. The Project site is relatively flat, and stormwater runoff flows northerly eventually discharging into existing stormwater facilities and Buena Vista Creek, which flows to Buena Vista lagoon, ultimately discharging to the Pacific Ocean. Additional information and analysis regarding drainage and water quality can be found in Chapter 3, Section-IX – Hydrology and Water Quality in this document.

All required public utilities are available within the existing adjacent streets including sewer, water, stormwater, and electrical. There is an existing water line in South Emerald Drive that the Project woul d connect to. The Project would connect to existing sewer and stormwater infrastructure in South Emerald Drive. Some project improvements would be constructed in an existing SDG&E right -of-way, and necessary permits would not be issued until the California Public Utilities Commission (CPUC) approves the Advice Letter and SDG&E signs the grading and improvement plans.

Surrounding Land Uses
The site is bound by the existing Green Valley mobile home park to the west, and Santiago estates mobile park to the east across S Emerald Drive/Sunset Driver. To the north, the site is bound by open space including Buena Vista Creek and beyond that a commercial shopping center. The Project site is bound by Sky Haven Lane to the south.

North County Transit District’s (NCTD) BREEZE Bus Line operates service (Route #323) along South Emerald Drive and Sunset Drive, which connects the Project site to the Vista Transit Center, Oceanside Transit Center, and San Luis Rey Transit Center. Two bus stops are located immediately adjacent to the proposed project site, on the east and west sides of the S Emerald Drive/Sunset Drive connection.
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City of Vista Chapter 2 - Environmental Setting and Project Description Sunset Drive Townhomes Project – P22-0182 2-3 September 2023 Mitigated Negative Declaration/Initial Study Checklist
The closest City of Vista park facility, Bub Williamson Park, is located approximately 1 mile to the north. The Calavera Trails and Oak Riparian Park are located approximately 0.70 mile southwest and southeast, respectively. The closest Vista fire station is Fire Station No. 1 located at 175 North Melrose Drive, approximately 1.7 miles east of the project site. The closest San Diego County Sheriff’s Department office is located approximately 1.4 miles to the east at 325 S. Melrose Drive. The closest airport to the Project site is the McClellan-Palomar Airport, which is located approximately 4 miles to the southwest in the City of Carlsbad.

Project Description
The applicant seeks approval of applications for a General Plan Amendment, Zone Change, Site Development Plan, Condominium Housing Permit, and Tentative Subdivision Map for development and construction of 38 two-story townhomes on a 4.32-acre site. As described above, the northern portion of the site is currently designated as General Commercial (GC) with an associated zoning designation of C-1 (Commercial) in the Vista General Plan 2030 (City of Vista 2011). The project proposes the site be redesignated to Medium Density Residential (MD) with an associated zoning of Multifamily Residential (R-M (10)). The southern portion is currently designated Medium High Density Residential (MHD) which allows 15 dwelling units per acre (du/acre) and has an associated zoning of Multi-Family Residential (R-M (15)). The land use and zoning designation for the southern portion of the project would remain as is in proposed conditions, as the proposed 14 units on the southern portion of the site would be consistent with the current land use and zoning. The project would require a General Plan Amendment and Rezone for the northern portion of the project site, which would allow for the development of 24 residential units.

The various approvals are briefly summarized below.
• Zone Change: Per Chapter 18.04 of the Vista Development Code, this application is required for the proposed zone change from C-1 (Commercial) to R-M (10) (Multifamily Residential). • General Plan Amendment: Per the City’s General Plan, this amendment is required for the proposed land use designation change from GC (General Commercial) to MD (Medium Density Residential).
• Site Development Plan: Per Chapter 18.64 of the Vista Development Code, this plan is required for determining project consistency with the City’s General Plan, Zoning Code, development standards, design guidelines, etc.
• Condominium Housing Permit: Per Chapter 18.60 of the Vista Municipal Code, this permit will be processed for the proposed rezoning of the site to R-M, in the same manner and concurrent with a tentative subdivision map application and accompanied by a site development plan application.
• Tentative Subdivision Map: Per Chapter 17.12 in the Vista Development Code, this map is required for the division and development of the 38 proposed townhomes, private roadways, and stormwater basins on the subject property.

OVERALL SITE PLAN
The overall design of the Project would be comprised of 38 townhomes with private garages, internal private streets, and open guest parking. Access for the Project would be located along South Emerald Drive and Sunset Drive. One full access driveway would be located along 11/14/2023 PH2 15 of 261

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South Emerald Drive to provide access to the northern portion of the site and one full access driveway would be located along Sunset Drive to provide access to the southern portion of the site. The emergency vehicle only driveway would be gated and located at the southernmost portion of the southern site along Sunset Drive (Figure 3).

The 38 proposed townhomes would provide 4 different floor plans/unit types, ranging in size from 1,440 to 1,780 square feet, and ranging in layout from 2 bedrooms plus a loft to 3 bedrooms plus a loft. A total of 110 parking spaces would be provided, including 76 garage spaces, and 34 guest spaces. Additionally, the development would provide 33,94433,339 square feet of open space, which include both common open space and private patios. With a total of 38 proposed townhomes on the 4.32-acre site, the density of the project is 8.830 du/acre.

PROJECT COMPONENTS
Proposed Townhomes - As noted above, the residential units would consist of 38 two-story single-family homes and conform to the maximum permitted height of 35 feet. Unit sizes would be available in four plan types. Unit sizes would range from 1,440– 1,780 sq. ft. with two to three bedrooms, two-car garages, and private patios (see Figure 3, Conceptual Site Plan). Table 1 shows the proposed unit mixes.

Table 1. Unit Mix
Plan Square Footage (sq. ft.) Bedrooms Bathrooms Number of Units 1 1,440 2 + Loft 2.5 14
2 1,540 3 + Loft 2.5 12
3 1,710 3 2.5 8
4 1,780 3 + Loft 2.5 4
Total 38
Source: SUMMA Architecture 2022
Proposed Architectural Design: The proposed two-story townhomes would be oriented to face an internal roadways and the Project’s frontage along South Emerald Drive and Sunset Drive would be enhanced with entry signage, fencing and walls, and drought-tolerant landscaping. The proposed landscaping is designed to complement the Spanish style architecture of the townhomes.

The proposed architectural design would consist of Spanish and Monterey architectural styles, which would be enhanced with metal railings, pot shelves, shutters, corbels, and gable accents.

Homes would be oriented to face the proposed internal roadways. The main colors of the building materials would be white and brown stucco, red and brown concrete tile rooves, and decorative metal. Please refer to Figure 6, Visual Simulations.

Vehicular Access and Parking: Vehicular access to the Project would be located off South Emerald Drive and Sunset Drive. Two full access Project driveways and one emergency vehicle driveway would be constructed. The northern portion of the site would include one full access driveway located along South Emerald Drive. The southern portion of the site would include one full access driveway and one emergency vehicle driveway both located along Sunset Drive. These access points would be controlled via two-stop controlled intersections. Onsite circulation would consist of a two-lane private roadways throughout both the northern and southern portions of the site. 11/14/2023 PH2 16 of 261

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The Project proposes to provide a total of 110 onsite parking spaces. The Project would include 76 garage spaces, and 34 guest spaces.

Pedestrian Access – Pedestrian pathways throughout the site would provide pedestrian access to both South Emerald Drive and Sunset Drive. The Project proposes the construction of a sidewalk along the western boundary of the site.

Residential Amenities – The Project proposes onsite open space areas. These areas would include community amenities such as outdoor dining, play area, passive lawn with benches, fire pit, and BBQ area.

Landscaping - The landscaping of the Project would consist of non-invasive and low water use/drought tolerant plants. A diverse range of textural and flowering species are proposed. Trees would be used to create shade throughout the development. The Project would provide 23,91823,313 sf of common open space, and 10,026 sf of private open space, for a total of 33,94433,339 sf of provided open space on-site for residents. The proposed biofiltration basin would be planted with various sedges and rushes. Plant selection is based on the Water Efficient Landscaping Ordinance in the City’s Development Code, Chapter 18.56. Please refer to Figures 4a and 4b, Conceptual Landscape Plan.

Utilities - New water lines for potable drinking water and separate fire lines would be connected to existing Vista Irrigation District (VID) water mains in South Emerald Drive. The Project’s private sewer line would connect with the existing Vista sewer mains located within South Emerald Drive. Sewer laterals from the private sewer main would connect to each of the buildings. Gas, electrical, cable and telephone connections would be made to existing facilities within or adjacent to the above noted streets.

Stormwater Features –Two biofiltration basins would be constructed within the project site, at the northeast and northwest corners of the southern portion of the site. Onsite stormwater runoff would be collected in proposed storm drains and conveyed to existing stormwater facilities. See Section IX - Hydrology and Water Quality for additional information on these issues.

Exterior Lighting - The electrical photometric plan includes LED (light-emitting diode) light poles placed along pedestrian pathways and parking areas within the Project site. There would also be continuous light strings and bollard lighting within usable open space areas. The final electrical photometric plan – including final light locations, wattages, styles, colors, and finishes – would be submitted with the final grading and site plans prior to obtaining a Grading Permit. As a Condition of Project Approval, they are required to meet all of the applicable requirements in Section

18.58.260 - Outdoor Lighting Facilities and/or Fixture in the Vista Development Code.

Retaining Walls, Fencing, and Signage – A 6-foot block wall would be built along the northern boundary of the site, and a 6-foot concrete masonry units (CMU) wall would be incorporated along the western perimeter of the site. A 6-foot spilt face wall would be built around the perimeter of the southern portion of the site.

Recycling and Trash Enclosures – Trash, recycling, and green waste storage would be provided onsite.

Adjacent Roadway Site Access Improvements - The Project would include the following adjacent roadway improvements that would be implemented simultaneously with onsite construction 11/14/2023 PH2 17 of 261

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activities to ensure adequate access to the Project area and safety for vehicles and pedestrians.

The Project would construct a sidewalk, curb, and gutter along the Project frontage.

PROJECT CONSTRUCTION
Construction of the Project is anticipated to take approximately 15 months to complete, according to the Air Quality and Greenhouse Gas Analysis Report prepared for the Project (Appendix A).

Demolition of existing structures, grading and site preparation would be accomplished first, followed by building construction, paving and architectural coating.

In addition, as part of the Conditions of Project Approval, the Owner and/or Contractor would be required to prepare and implement a Construction Traffic Management Plan to the satisfaction of the City Traffic Engineer to avoid significant construction-related impacts to nearby streets and intersections, especially during peak hour times.

Site Preparation - The initial stage of site development would include the demolition and clearing of the existing developments onsite. In addition, existing vegetation and extraneous materials would be removed and the areas slated for construction would be grubbed.1 The Project includes the demolition of all onsite structures, including the existing residence. Materials generated during stripping operations and/or site demolition would be exported from the site and are anticipated to be transported to a Materials Recovery Facility (MRF), such as the Palomar MRF in Carlsbad, to be recycled or disposed of in a landfill.

Grading - The next stage of site development would include mass grading the site. Standard equipment used on the site would include an excavator, graders, dozers and backhoes. The Project would involve 4,000 cubic yards (cy) of material import. See Section III - Air Quality, Section VII Greenhouse Gas Emissions, and Section XII - Noise in this document for additional information on potential impacts from grading.

ADDITIONAL APPROVALS REQUIRED FOR CONSTRUCTION
The Project would be required to obtain the following additional approvals for construction from the City: Landscape Construction Plan, Grading Permit, Building Permit, and Certificate of Occupancy. Other public agency approvals are cited on page 3-1.

TRIBAL CONSULTATION
California Native American tribes traditionally and culturally affiliated with the Project area requested consultation pursuant to CEQA Statute § 21080.3.1 (i.e., Assembly Bill 52). City staff conducted consultation with California Native American Tribes per the requirements CEQA Statute § 21080.3.2). In compliance with Assembly Bill 52 (AB 52) and Senate Bill 18 (SB 18), the City, as lead agency, is responsible for conducting government to government consultation with pertinent tribal entities. Per the AB 52 and SB 18 notifications, the City held consultation with Rincon Band of Luiseño Indians on March 22, 2023; San Luis Rey Band of Mission Indians on April 6, 2023; and San Pasqual Band of Mission Indians on June 12, 2023. Rincon Band of Luiseño Indians submitted written confirmation of conclusion of consultation on April 29, 2023. Conclusion of consultation with San Luis Rey Band of Mission Indians and San Pasqual Band of Mission Indians is pending. The project would implement the City’s Cultural Resources mitigation measures as outlined under MM-CR-1 through MM-CR-6 in Section V. below. 1 Grubbed or grubbing is generally the removal of tree roots and stumps and other near-surface material that remain in the soil.
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Chapter 3

I NITIAL S TUDY

E NVIRONMENTAL C HECKLIST
Project Information
Project Title: Sunset Drive Townhomes Project
Lead Agency Name and Address: City of Vista
Community Development Department
Planning Division
200 Civic Center Drive
Vista, California 92084-6275
Contact Person and Phone Number: Christopher Winters, Associate Senior Planner 760.643.5394
Project Location: 2112 Sunset Drive, just north of Sky Haven Lane Project Applicant: Legacy Partners
General Plan Designation: Existing: MHD (Medium High Density Residential), General Commercial (GC)
Proposed: MHD (Medium High Density), MD
(Medium Residential)
Zoning Designation: Existing: R-M (15) (Multi-Family Residential), C-1 (Commercial)
Proposed: R-M (15) (Multi-Family Residential),
R-M (10) (Multi-Family Residential)
Description of Project: See Chapter 2, Project Description Surrounding Land Uses and Setting: See Chapter 2, Project Description Other Public Agency Approvals: Submittal of a Notice of Intent (NOI) to the Regional Water Quality Control Board (RWQCB)
and preparation of a Storm Water Pollution
Prevention Plan (SWPPP) in accordance with the
requirements of the National Pollutant
Discharge Elimination System (NPDES) General
Construction Activities Permit
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Mitigated Negative Declaration/Initial Study Checklist
Environmental Factors Potentially Affected
Based upon the initial evaluation presented in the following IS, it is concluded that Project would not result in significant adverse environmental impacts.

Environmental Determination
On the basis of the initial evaluation of the attached Initial Study:

I find the proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared.

I find that although the project could have a significant effect on the environment there will not be a significant effect in this case because revisions in the project have been made or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

I find that the proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required.
at least one effect 1) has
been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.

City Staff Date
The signature below signifies that the applicant has read and accepts the mitigation measures detailed in the final Mitigated Negative Declaration.

Applicant or Owner Date
6/22/2023
6/22/2023
September 2023
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Chapter 4

E VALUATION OF E NVIRONMENTAL I MPACTS
The following IS checklist provides analysis of the Project’s potential to result in significant adverse environmental impacts. Section 15063(c) of the Guidelines indicates that the purpose of an IS is to:

1.Provide the Lead Agency (the City of Vista) with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR) or Negative Declaration (ND);

2.Enable an applicant or Lead Agency to modify a project, mitigating adverse impacts before an EIR is prepared, thereby enabling the project to qualify for a ND;

3.Assist the preparation of an EIR, if one is required, by:
a.Focusing the EIR on the effects determined to be significant; b.Identifying the effects determined not to be significant; c.Explaining the reasons why potentially significant effects would not be significant; and, d.Identifying whether a program EIR, tiering, or another appropriate process can be used for analysis of the project’s environmental effects. e.Facilitating environmental assessment early in the design of a project. f.Providing documentation of the factual basis for the finding in an ND that a project will not have a significant effect on the environment.
g.Eliminating unnecessary EIRs.
h.Determining whether a previously prepared EIR could be used with the project.

IMPACT TERMINOLOGY
The following terminology is used to describe the level of significance of impacts:
•A finding of no impact is appropriate if the analysis concludes that the project would not affect the particular topic area in any way.
•An impact is considered less than significant if the analysis concludes that it would not cause substantial adverse change to the environment and requires no mitigation. •An impact is considered less than significant with mitigation incorporated if the analysis concludes that it would not cause substantial adverse change to the environment with the inclusion of environmental commitments that have been agreed to by the applicant. •An impact is considered potentially significant if the analysis concludes that it could have a substantial adverse effect on the environment.
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I. Aesthetics

Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No Impact
a. Have a substantial adverse effect on a scenic vista? b. Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within a
State scenic highway?

c. In nonurbanized areas, substantially degrade
the existing visual character or quality of public
views of the site and its surroundings? (Public
views are those that are experienced from
publicly accessible vantage point). If the project
is in an urbanized area, would the project
conflict with applicable zoning and other
regulations governing scenic quality?

d. Create a source of substantial light or glare,
which would adversely affect day or nighttime
views in the area?

DISCUSSION
a. NO IMPACT.

Scenic Vistas - The Project would not adversely affect existing views of scenic vistas. A scenic vista is typically defined as a panoramic view or vista from an identified view/vista point, public road, public trails, public recreational areas, or scenic highways. Potential scenic views from private properties are not under consideration in this analysis, as it is not required by the City. The City’s GP 2030 Update Program EIR (PEIR) (2011b) identifies scenic resources within the City and its sphere of influence (SOI) such as the rugged San Marcos Mountains to the east and northeast; various ridgelines, hills, and valleys; creeks and streams; distant mountains to the north; public and private open space with native vegetation; the City’s public parks; a network of hiking and horseback riding trails; various private and public recreation facilities (such as the Guajome Regional Park, a 557‐acre County‐owned park); and buildings of historical and cultural significance (such as Rancho Minerva, Rancho Buena Vista, and the Guajome Ranch House — a National Historic Landmark). Further, the GP 2030 Update PEIR (2011b) identifies two main view sheds that have been identified within the city and its sphere of influence based on general viewing areas: (1) the San Marcos Mountains to the east and northeast of the City, and (2) canyons in the southwestern portions of the City.

The 4.32-acre project site is bounded to the north by South Emerald Drive and an existing commercial shopping center, to the northeast/east by existing residential development, to the west by the existing Green Valley mobile home park, and to the south by Sky Haven Lane. The project site is located approximately 5.31 miles west of the San Marcos Mountains and approximately 3 miles north of Dawson Los Monos Canyon Reserve. The development of the proposed 38 two-story townhome units would not adversely affect scenic viewsheds of the San Marcos Mountains or Canyons due to the project’s low profile among surrounding existing 11/14/2023 PH2 22 of 261

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development. The units would be two stories and conform to the maximum permitted height of 35 feet. As a result, no significant impacts would arise from project development. b - d. LESS THAN SIGNIFICANT IMPACT.

Scenic Resources/Historic Buildings - The Project would not substantially damage scenic resources or historic buildings within a State scenic highway. The Project site is not located along a State scenic highway (Caltrans 2022). The nearest officially designated state scenic highway, State Route (SR) 52 as it travels adjacent to Mission Trails Regional Park (approximately Santo Road in San Diego to Mast Boulevard in Santee) is located approximately 24 miles to the south of the project site. Interstate (I) 5, approximately 4 miles to the west of the project site; and State Highway 76, approximately 3.7 miles to the north of the project site, are the nearest eligible state scenic highways to the project site (Caltrans 2022). Due to distance and intervening terrain, the project site is not visible from I-5, State Highway 76, or any other state scenic highway in San Diego County.

Additionally, The 4.32-acre project site is located in an urban area of the City with existing residential and commercial land uses. The eastern portion of the site is currently occupied by an existing residence and associated structures. As described in detail in Section V. Cultural Resources, below, there are three historic age structures located on the southern portion of the Project site. However, although the three existing structures on the Project site are over 45 years old, they are not currently listed in the California Register of Historical Resources (CRHR) or National Register of Historic Places (NRHP). Furthermore, the existing structures on the southern portion of the site are not identified on the recorded historic resources list within Section 4.5.2.2.2 of the City’s 2030 General Plan Update PEIR. Therefore, impacts are determined to be less than significant.

Visual Character – Implementation of the proposed project would alter the existing visual character of the project from a primarily vacant site to a developed site with 38 two-store townhomes. The visual character of the existing property is characterized by an existing residence and associated structures, and vacant, undeveloped land. The visual character of the surrounding area is a mixture of medium residential, medium high density residential, open space, and general commercial. The overall design of the Project would be comprised of 38 two-story townhome units with landscaping, guest parking, and various styles of walls and fencing. The project site would be bisected in the middle by an existing driveway. The proposed project would include landscaping throughout the project site, neutral tone buildings, and usable open space (please refer to Figures 4a, 4b, and 5). Although the proposed project would change the existing visual character of the site, the proposed development would be consistent with the surrounding residential development, and would not substantially effect the visual character of the area. Therefore, considering the existing site and surrounding area, development of the Project would have a less than significant impact on the visual character of the site and its surroundings.

Light/Glare - Sensitive receptors relative to lighting and glare include existing residents, motorists, and pedestrians. Glare can emanate from many different sources, some of which include direct sunlight, sunlight reflecting from cars or buildings, and bright outdoor lighting. The project site does not currently support any substantial sources of light or glare as it is primarily undeveloped.

Existing sources of light and glare in the project area are generated from the surrounding residential uses, streetlights, exterior mounted lighting on building facades, and soft lighting coming through from interior spaces. Materials of the Project would generally be non-reflective and would not generate a substantial amount of glare. The installation of outdoor lighting would 11/14/2023 PH2 23 of 261

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be required to meet the requirements in Section 18.58.260, Outdoor Lighting Facilities and/or Fixture, of the City’s Development Code. Compliance with this existing code would reduce the potential to generate glare from new lighting fixtures, which would be fully shielded and directed downward to minimize light trespass onto surrounding properties. The Project does not include large parking areas that could generate substantial sources of glare from windshields and building facades would be neutral in color. Additionally, the proposed landscaping would further reduce any potential for glare from the Project site to impact the surrounding land uses.

The Project would not create any new sources of substantial light or glare that differ from existing surrounding light sources that would affect day or nighttime views. Additionally, compliance with the City’s Municipal Code, and implementation of project design features would ensure impacts related to light and glare would be less than significant.

II. Agriculture and Forestry Resources

Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
a. Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural use?

b. Conflict with existing zoning for agricultural use, or a Williamson Act contract?
c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code
section 12220(g)), timberland (as defined by Public
Resources Code section 4526), or timberland zoned
Timberland Production (as defined by Government
Code Section 51104(g))?

d. Result in the loss of forest land or conversion of
forest land to non-forest use?
e. Involve other changes in the existing environment,
which, due to their location or nature, could result in conversion of Farmland to nonagricultural use?

DISCUSSION
a – e. NO IMPACT. The 4.32-acre Project site is located within an urbanized area of the City.

Although the project site has historical agricultural uses as described above, according to the State Farmland Mapping and Monitoring Program (California Department of Conservation) the property is located on land designated as Urban and Built-Up Land; and does not include land designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (DOC 2022a). Additionally, the Project site is not under a Williamson Act contract (DOC 2017).

Furthermore, the site is not located in an area designated as forest land or timberland. As a result, Project development would not convert any farmland to non-agricultural use or forest land to non-forest use, or conflict with existing agricultural or timberland zoning or Williamson Act contracts; therefore, no impacts would occur.
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III. Air Quality

Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
a. Conflict with or obstruct implementation of the
applicable air quality plan?
b. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is
non-attainment under an applicable federal or state
ambient air quality standard?

c. Expose sensitive receptors to substantial
pollutant concentrations?
d. Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?

The discussion below is based on the analysis contained within the Air Quality Technical Report prepared for the Project by Dudek in August 2022. The Air Quality Technical Report is included as Appendix A of this MND.

DISCUSSION
a. LESS THAN SIGNIFICANT IMPACT. As described in Appendix A to this MND, the San Diego Air Pollution Control District (SDAPCD) and SANDAG are responsible for developing and implementing the clean air plans for attainment and maintenance of the National Ambient Air Quality Standards (NAAQS) and California Ambient Air Quality Standards (CAAQS) in the San Diego Air Basin (SDAB); specifically, the state implementation plan (SIP) and Regional Air Quality Strategy (RAQS)2. The federal O3 maintenance plan, which is part of the SIP, was adopted in 2020. The SIP includes a demonstration that current strategies and tactics will maintain acceptable air quality in the SDAB based on the NAAQS. The RAQS was initially adopted in 1991 and is updated every 3 years (most recently in 2016). The RAQS outlines SDAPCD’s plans and control measures designed to attain the CAAQS for O3. The SIP and RAQS rely on information from CARB and SANDAG, including mobile and area source emissions, as well as information regarding projected growth in San Diego County and the cities in the County, to project future emissions and then determine from that the strategies necessary for the reduction of emissions through regulatory controls. CARB mobile source emission projections and SANDAG growth projections are based on population, vehicle trends, and land use plans developed by San Diego County and the cities in the County as part of the development of their general plans.

If a project proposes development that is greater than that anticipated in the local plan and SANDAG’s growth projections, the project might be in conflict with the SIP and RAQS and may contribute to a potentially significant cumulative impact on air quality. 1.18 acres (14 units) of the site currently has a land use designation of MHD (Medium High Density) and zoning of R -M (15) Multifamily Residential, and 3.09 acres (24 units) of the site currently has a land use designation of GC (General Commercial) and zoning of C-1 Commercial. The GC portion of the

2 For the purpose of this discussion, the relevant federal air quality plan is the O3 maintenance plan (Appendix A).

The RAQS is the applicable plan for purposes of state air quality planning. Both plans reflect growth projections in the SDAB.
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Project would require a general plan amendment and zone change to medium density residential and R-M (10) (10 du/acre).

As stated above, the RAQS outlines SDAPCD’s plans and control measures designed to attain the CAAQS for O3. The air quality management plan (AQMP) is developed to attain ozone standards through control measures targeting VOC and NOx emissions as precursors to ozone formation. The SDAPCD mobile source emissions projection and SANDAG growth projections are based on population and vehicle trends and land use plans developed by the city. As such, the current RAQS assumptions would include 3.09 acres of the Project site based on general commercial land use VOC and NOx emissions. Because the Project proposes a general plan amendment and zone change from general commercial to medium density residential, a comparison of emissions of NOx and VOC (precursors to O3) between existing zone buildout and the Project are preformed to determine if the emissions resulting from the proposes Project are equal to or less than that which would have been accounted for in the SIP and RAQS. If the estimated emissions of the new zoning (RM-10) is equal to or less than the existing (GC) then the strategies propose in the AQMP are sufficient to capture the Project emissions and the Project would not be in conflict or obstruction of the AQMP. Per City of Vista General Plan, Table LUCI-1. Density and Intensity Standards and Population Protestations (2030) per the Land Use Map, the maximum Density/Intensity for General Commercial is 0.75 Floor Area Ratio (FAR). Based on 0.75 FAR and a site of 3.09 acres, a general commercial building area of 100,950 square feet (SF) is estimated as the existing zone building out.

Table 5 in Appendix A provides a summary of the annual CalEEMod estimated VOC and NOx emissions, of this existing scenario compared to the portion of the Project proposed within the

3.09 acres including 24 residential units. As shown in Table 5 of Appendix A to this MND, the proposed Project development of 24 residential units within the 3.09 area existing GC zoned land would result in a reduction of ozone precursors, VOC and NOx, of 0.52 tons per year (TPY) and

0.44 TPY, respectively, compared to the buildout of the existing site as currently zoned. Therefore, the Project would not conflict with the SIP and RAQS and would result in a less than significant impact on air quality.

As presented in the May 2021, General Plan Housing Element, the most recent Regional Housing Needs Assessment (RHNA) from SANDAG stated that Vista’s share of regional future housing needs is 2,561 new units between June 30, 2020, and April 15, 2029. As of June 30, 2020, 532 housing units have been planned or approved for development, with 2,029 units remaining needed to be developed in the City. The Project is expected to bring 38 units to market in 2025 which would be within SANDAG’s growth projection for housing during the 6th Cycle planning horizon.

The proposed General Plan Amendment would change the existing the GC designation to RM-10 and is not anticipated to result in air quality impacts that were not envisioned in the growth projections and RAQS, and this minor increase in residential units (38 units) in the region would not obstruct or impede implementation of local air quality plans. The Project would be consistent at a regional level with the underlying growth forecasts emissions in the RAQS. Therefore, impacts would be less than significant.
b. LESS THAN SIGNIFICANT IMPACT. Air pollution is largely a cumulative impact. In analyzing cumulative impacts from a project, the analysis must specifically evaluate the project’s contribution to the cumulative increase in pollutants for which the SDAB is designated as nonattainment for the CAAQS and NAAQS. If the project does not exceed thresholds and is 11/14/2023 PH2 26 of 261

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determined to have less than significant project-specific impacts, it may still contribute to a significant cumulative impact on air quality if the emissions from the project components, in combination with the emissions from other proposed or reasonably foreseeable future projects, are in excess of established thresholds. However, the project would only be considered to have a significant cumulative impact if its contribution accounts for a significant proportion of the cumulative total emissions (i.e., it represents a “cumulatively considerable contribution” to the cumulative air quality impact).

Additionally, for the SDAB, the RAQS serves as the long-term regional air quality planning document for the purpose of assessing cumulative operational emissions within the basin to ensure the SDAB continues to make progress toward NAAQS and CAAQS attainment status. As such, cumulative projects located in the San Diego region would have the potential to result in a cumulative impact to air quality if, in combination, they would conflict with or obstruct implementation of the RAQS. Similarly, individual projects that are inconsistent with the regional planning documents on which the RAQS is based would have the potential to result in cumulative impacts if they represent development beyond regional projections.

The SDAB has been designated as a federal nonattainment area for O3 and a state nonattainment area for O3, PM10, and PM2.5. PM10 and PM2.5 emissions associated with construction generally result in near-field impacts. The nonattainment status is the result of cumulative emissions from all sources of these air pollutants and their precursors within the SDAB. As outlined in Appendix A to this MND, the emissions of all criteria pollutants from the Project’s construction and operational activities would be below the significance levels. Construction would be short term and temporary in nature. Additionally, construction activities required for the implementation of Project components would be considered typical of a residential project and would not require atypical construction practices that would include high-emitting activities. Furthermore, the proposed Project would implement construction-related project design feature (PDF) AQ-1, intended to reduce emissions of criteria air pollutants and toxic air contaminants. PDF-AQ-1 is outlined as follows:

PDF-AQ-1: Standard construction practices that would be employed to reduce fugitive dust emissions include watering of the active sites two times per day, depending on weather conditions. Construction of Project components would be subject to SDAPCD Rule 55 – Fugitive Dust Control. Compliance with Rule 55 would limit fugitive dust (PM10 and PM2.5) that may be generated during grading and construction activities.

PDF-AQ-1 would be required as City-imposed Conditions of Approval to ensure they are implemented during construction and operation of the Project.

Once construction is completed, construction-related emissions would cease. Operational emissions generated by the Project would not result in a significant impact. As such, the Project would result in less than significant impacts to air quality relative to operational emissions.

Regarding long-term cumulative operational emissions in relation to consistency with local air quality plans, the SIP and RAQS serve as the primary air quality planning documents for the state and SDAB, respectively. The SIP and RAQS rely on SANDAG growth projections based on population, vehicle trends, and land use plans developed by the cities and by the County as part of the development of their general plans. Therefore, projects that propose development that is 11/14/2023 PH2 27 of 261

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consistent with the growth anticipated by local plans would be consistent with the SIP and RAQS and would not be considered to result in cumulatively considerable impacts from operational emissions. As discussed in Section 7.1 of Appendix A to this MND, the general plan amendment and zone change to medium density residential and R-M (10) is not anticipated to result in air quality impacts that were not envisioned in the growth projections and RAQS, and this minor increase in residential units (38 units) in the region would not obstruct or impede implementation of local air quality plans. The Project would be consistent at a regional level with the underlying growth forecasts emissions in the RAQS. Thus, it would be consistent at a regional level with the underlying growth forecasts in the SIP and RAQS.

As a result, the Project would not result in a cumulatively considerable contribution to regional O3 concentrations or other criteria pollutant emissions. Cumulative impacts for construction and operation would be less than significant.
c. LESS THAN SIGNIFICANT IMPACT. The VOC and NOx emissions, as described in detail in Section

7.3 of Appendix A to this MND, would minimally contribute to regional O3 concentrations and the associated health effects. In addition to O3, NOx emissions would not contribute to potential exceedances of the NAAQS and CAAQS for NO2. As shown in Table 3 in Appendix A, the existing NO2 concentrations in the area are well below the NAAQS and CAAQS standards. Thus, it is not expected the Project’s operational NOx emissions would result in exceedances of the NO2 standards or contribute to the associated health effects. CO tends to be a localized impact associated with congested intersections. The associated CO “hotspots” were discussed previously as a less than significant impact. Thus, the Project’s CO emissions would not contribute to significant health effects associated with this pollutant. PM10 and PM2.5 would not contribute to potential exceedances of the NAAQS and CAAQS for particulate matter and would not obstruct the SDAB from coming into attainment for these pollutants and would not contribute to significant health effects associated with particulates. Therefore, overall health impacts associated with criteria air pollutants would be considered less than significant. d. LESS THAN SIGNIFICANT IMPACT. Odors would be generated from vehicles and/or equipment exhaust emissions during construction of the Project. Odors produced during construction would be attributable to concentrations of unburned hydrocarbons from tailpipes of construction equipment and architectural coatings. Such odors are temporary and for the types of construction activities anticipated for Project components, would generally occur at magnitudes that would not affect substantial numbers of people. Therefore, impacts associated with odors during construction would be considered less than significant.

Due to the subjective nature of odor impacts, the number of variables that can influence the potential for an odor impact, and the variety of odor sources, there are no quantitative or formulaic methodologies to determine if potential odors would have a significant impact. Examples of land uses and industrial operations that are commonly associated with odor complaints include agricultural uses, wastewater treatment plants, food processing facilities, chemical plants, composting, refineries, landfills, dairies, and fiberglass molding facilities. In addition to the odor source, the distance between the sensitive receptor(s) and the odor source, as well as the local meteorological conditions, are considerations in the potential for a project to frequently expose the public to objectionable odors. Although localized air quality impacts are focused on potential impacts to sensitive receptors, such as residences and schools, other land uses where people may congregate (e.g., workplaces) or uses with the intent to attract people (e.g., restaurants and visitor-serving accommodations) should also be considered in the evaluation of potential odor 11/14/2023 PH2 28 of 261

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nuisance impacts. The Project would include a residential development, which is not expected to produce any nuisance odors; therefore, operational impacts related to odors caused by the Project would be less than significant.

IV. Biological Resources

Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
a. Have a substantial adverse effect, either directly or through habitat modifications, on any species
identified as a candidate, sensitive, or special status species in local or regional plans, policies, or
regulations, or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?

b. Have a substantial adverse effect on any riparian
habitat or other sensitive natural community
identified in local or regional plans, policies, and
regulations or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?

c. Have a substantial adverse effect on federally
protected wetlands as defined by Section 404 of the
Clean Water Act (including, but not limited to marsh,
vernal pool, coastal, etc.) through direct removal,
filling, hydrological interruption, or other means?

d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?

e. Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?

f. Conflict with the provisions of an adopted Habitat
Conservation Plan (HCP), Natural Community
Conservation Plan (NCCP), or other approved local,
regional, or State habitat conservation plan?

The discussion below is based on the analysis contained within the Biological Resources Due Diligence Memorandum prepared for the Project by Dudek in July 2021. The Biological Resources Due Diligence Memorandum is included as Appendix B to this MND.

DISCUSSION
a - b. LESS THAN SIGNIFICANT IMPACT WITH MITIGATION. The project site is located within the planning area for the Multiple Habitat Conservation Program Plan (MHCP), which is one of several conservation planning efforts currently underway in San Diego County (Appendix B). The long-term goal of these planning efforts is to establish a regional reserve system that will protect native habitat lands and their associated biota in conformance with California’s Natural Community Conservation Planning Act. The MHCP addresses the needs of multiple plant and animal species in northwestern San Diego County and will contribute to the preserve system already established by the approved Multiple Species Conservation Plan in southwestern San Diego County. 11/14/2023 PH2 29 of 261

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The MHCP encompasses the Cities of Carlsbad, Encinitas, Escondido, Oceanside, San Marcos, Solana Beach, and Vista. Its goal is to conserve approximately 19,000 acres of habitat, of which roughly 8,800 acres (46%) are already in public ownership and contribute toward the habitat preserve system for the protection of more than 80 rare, threatened, or endangered species. The MHCP was adopted and certified by the San Diego Association of Governments (SANDAG) board of directors in March 2003 but is implemented through approved subarea plans and related implementing agreements.

Some of the jurisdictions are actively developing subarea plans in coordination with the Wildlife Agencies. Carlsbad is the only city that has an approved subarea plan. Draft subarea plans for the cities of Encinitas, Escondido, Oceanside, and San Marcos have been prepared. The City of Vista does not have an approved or draft MHCP Subarea Plan. In jurisdictions that do not have a subarea plan, it is important that current projects do not preclude the long-range planning for future subarea plans if they are prepared. The City of Vista is largely built out and is not actively pursuing approval of a subarea plan, and there is no draft subarea plan available for public review or implementing agreement for the MHCP. However, the City of Vista’s General Plan (GP) includes goals and policies intended to implement the provisions of the MHCP. Because the proposed Project’s entitlements must be consistent with the City’s GP, the proposed project will address MHCP standards where appropriate.

The MHCP jurisdictions identified Focused Planning Areas (FPAs) within which some lands will be dedicated for open space and habitat conservation. The FPAs include “hardline” areas (lands to be conserved and managed primarily for biological resources) and “softline” planning areas, within which hardline preserve areas will ultimately be delineated based on further data and planning. The project site is not within a mapped FPA in the MHCP. Therefore, even though compliance with the MHCP is not required, development of the project site would not preclude eventual implementation of the MHCP. In addition, the functions and values of the site are fairly low due to surrounding urbanization in conjunction with the relatively small size of the site. The site is located adjacent to the Buena Vista Creek which is designated as an FPA.

As outlined in Appendix B to this MND, 5 vegetation communities and land cover types wer e identified within the biological study area. The 5 vegetation communities consist of Diegan Coastal Sage Scrub (MHCP Group C), Southern Arroyo Willow Riparian Forest (MHCP Group A), Disturbed Habitat (MHCP Group F), Developed (MHCP Group F), and Non -native Vegetation (MHCP Group F).
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Diegan coastal sage scrub is a native vegetation community that is composed of a variety of soft, low, aromatic shrubs, characteristically dominated by drought-deciduous species—such as California sagebrush (Artemisia californica), California buckwheat (Eriogonum fasciculatum), and sages (Salvia spp.)—with scattered evergreen shrubs, including lemonade berry (Rhus integrifolia) and laurel sumac (Malosma laurina). The average height of coastal sage scrub reaches 3 to 4 feet (Appendix B). Diegan coastal sage scrub within the project site totals 0.39 acres and is comprised solely of patches of lemonade berry located in the northern parcel. Diegan coastal sage scrub is in the MHCP Group C habitat category. Since the proposed project is located outside of a focused planning area, impacts to this habitat would require mitigation at a 1:1 mitigation to impact ratio.

With incorporation of mitigation measures MM-BIO-1 and MM-BIO-2, impacts to Diegan coastal sage scrub would be less than significant.

Southern arroyo willow riparian forest is a winter-deciduous riparian forest dominated by broad-leafed trees and arroyo willow (Salix lasiolepis). Typically, it consists of a moderately tall, closed, or nearly closed canopy, with an understory of shrubby willows (Appendix B). Southern arroyo willow riparian forest occurs in sub-irrigated and frequently overflowed areas along rivers and streams that are perennially wet (Appendix B). On-site the southern arroyo willow riparian forest is associated with the Buena Vista Creek and totals 0.91 acres. This vegetation community would be categorized as a MHCP Group A habitat category and would require no net loss in terms of mitigation. As shown on the Conceptual Landscape Plans and Open Space Plan (Figures 4a, 4b and 5), the project would incorporate a block wall to create separation between the proposed development and the adjacent Buena Vista Creek, and a buffer area with vegetation replanting is proposed as part of the project. Because the project would incorporate the necessary buffer area to prevent impacts to riparian habitat, the 3:1 mitigation ratio for Southern arroyo willow riparian forest would not be required. With incorporation of project design features as outlined in Figures 4a, 4b, and 5, impacts to Southern arroyo willow riparian forest would be less than significant.

Disturbed habitat occupies a total of 1.92 acres within the northern parcel. This parcel shows signs of regular tilling and mowing. On site, this community consists almost entirely of dead grasses with remnant orange trees. The MHCP does not consider disturbed habitat a sensitive resource and therefore no mitigation is required for impacts.

Developed lands refer to areas supporting man-made structures associated with dwellings or other permanent structures. The MHCP does not consider developed land a sensitive resource. On the project site, developed lands refer to the existing house and associated infrastructure within the southern parcel and totals 0.14 acres.

Non-native vegetation includes trees, shrubs, and herbs that are not native to California.

Non-native vegetation often times consists of ornamental plantings along roadways or as part of fuel modification adjacent to homes that are not typically artificially irrigated and that receive water from precipitation or runoff. Within this project site, non-native vegetation is located in the southern parcel and consists of non-native plantings associated with the existing house.

Non-native vegetation totals 1.2 acres of the southern parcel. The MHCP does not consider non-native vegetation a sensitive resource and therefore no mitigation is required for impacts.

As described in Appendix B to this MND, no special-status plant species were observed during the reconnaissance survey completed for the project site on July 8, 2021. Given the mostly developed/disturbed nature of the site, it is unlikely that rare plants would occur within the project area. Most vegetation observed on site was non-native or ornamental, and the few native species 11/14/2023 PH2 31 of 261

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encountered are not considered rare or special status. Additionally, no special-status wildlife species were observed on the project site. No historic occurrences of special-status species were mapped on or near the Project site. Given the urban, partially developed, and frequently disturbed nature of the site, it is unlikely that special-status species would use the site for nesting, breeding, or foraging. While coastal sage scrub is the typical habitat for coastal California gnatcatchers (Polioptila californica californica), the coastal sage scrub identified on-site consists only of monotypic stands of lemonade berry. The project site has been in agricultural production since 1938 with the appearance of the lemonade berry shrubs potentially occurring around the late 1990’s (Appendix B). Given the lack of adjacent habitat and urban development surrounding the site, it is unlikely that coastal California gnatcatchers utilize the project site. Furthermore, no coastal California gnatcatchers calls, or observations were detected during the site visit. It should be noted that critical habitat for the species occurs along the Buena Vista Creek. However, the creek is comprised of wetland vegetation that is not typically utilized by the species, and therefore this portion of critical habitat would not be considered to support the physical and biological features required for the species.

In summary, implementation of the proposed project would result in impacts to 0.39 -acre of sensitive upland vegetation (Diegan coastal sage scrub) which is designated as MHCP Group C.

The Project would include a buffer area with landscaping of the riparian slope (approximately 14,465 sq. ft.), adjacent to the northernmost project boundary and outside the development footprint, with coastal shrubs, as shown on the Conceptual Landscape Plan s (Figures 4a and 4b). Additionally, the project would incorporate a 6 -foot block wall at the northernmost boundary of the development footprint to ensure daily residential operations do not encroach into the Buena Vista Creek water bank and Southern arroyo willow riparian forest. Furthermore, p roject implementation of mitigation measures MM-BIO-1 and MM-BIO-2 outlined below would reduce direct impacts to these sensitive vegetation communities. Therefore, impacts would be less than significant with mitigation.

As part of final engineering for the project, Dudek reviewed the portion of Buena Vista Creek which would potentially be affected by box culvert upgrades required for the proposed project. Based on Dudek’s evaluation, the upgrades would result in impacts to 345 square feet of non-wetland waters and 386 square feet of southern willow scrub. The non-wetland waters (Buena Vista Creek) would be regulated by the U.S. Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB) and California Department of Fish and Wildlife (CDFW). The southern willow scrub occurs outside of the creek and upslope of the top of bank. The bank was sampled and did not meet the 3-parameter requirements to be considered a wetland regulated by the USACE or RWQCB. However, the area would be regulated by CDFW as associated riparian habitat. In summary, the proposed box culvert upgrades would result in impacts to 345 square feet of resources regulated by the USACE and RWQCB and 730 square feet of resources regulated by CDFW. Impacts to regulated resources typically require the appropriate permit for each agency. The developer would be required to confirm permitting approaches with the regulatory agencies prior to initiating the permitting process, and prior to project construction.
c. LESS THAN SIGNIFICANT IMPACT. Jurisdictional aquatic resources include those features which are regulated by the U.S. Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB) and/or California Department of Fish and Wildlife (CDFW) (collectively the “Regulatory Agencies”). Jurisdictional aquatic resources include non-wetland and wetland waters as regulated by USACE and RWQCB as well as streambed and associated riparian habitat as regulated by CDFW. Often these features overlap and thus are termed “jurisdictional aquatic resources”. 11/14/2023 PH2 32 of 261

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Outside of the Buena Vista Creek the site does not support jurisdictional aquatic resources. There is a relic ditch that was previously utilized as part of the old alignment of Sunset Drive before it was realigned in its current form. The ditch and associated culverts do not show signs of flow conveyance and are not connected to any other features. It appears that the culvert was abandoned once the crossing was removed and the road realigned. The applicant has consulted with the Regulatory Agencies, and design features have been incorporated into the project design to ensure potential impacts to wetlands, specifically the adjacent Buena Vista Creek, would not occur. The project would incorporate a 6-foot block wall at the northernmost boundary of the development footprint to ensure daily residential operations do not encroach into the Buena Vista Creek water bank and Southern arroyo willow riparian forest. Additionally, the project would landscape the adjacent Buena Vista Creek riparian slope with coastal shrubs, as shown on the Conceptual Landscape Plans (Figures 4a and 4b) and the Conceptual Open Space Plan (Figure 5).

It has been determined that implementation of the project would not have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act, and proposed design features would further ensure potential impacts to Buena Vista Creek would not occur. Therefore, impacts would be less than significant. d. LESS THAN SIGNIFICANT IMPACT. The proposed project site is surrounded by development, which limits movement of larger mammals. As discussed above and in Appendix B, no special-status wildlife species were observed on the project site. Given the urban, partially developed, and frequently disturbed nature of the site, it is unlikely that special-status species would use the site for nesting, breeding, or foraging. While coastal sage scrub is the typical habitat for coastal California gnatcatchers (Polioptila californica californica), the coastal sage scrub consists only of monotypic stands of lemonade berry. Given the lack of adjacent habitat and urban development surrounding the site, it is unlikely that coastal California gnatcatchers utilize the project site. In addition, no coastal California gnatcatchers calls, or observations were detected during the site visit. It should be noted that critical habitat for the species occurs along the Buena Vista Creek. However, the creek is comprised of wetland vegetation that is not typically utilized by the species and therefore this portion of critical habitat would not be considered to support the physical and biological features required for the species. No existing wildlife corridors were observed on-site during the field survey. For these reasons, it is determined that no direct impacts to wildlife corridors or habitat linkages would occur as a result of the proposed project. e. LESS THAN SIGNIFICANT IMPACT. The proposed project would implement a Landscape Plan (Figures 4a and 4b) and Open Space plan (Figure 5) to be reviewed by the City during the final design stage, prior to project development. Per Section 18.34.100 of the City’s Development Code, R-M zones shall include no less than 24-square feet of landscaping area containing at least one tree (minimum 15-gallon size) for every ten single-row and for every 20 double-row uncovered parking stalls, and for every 200 lineal feet of access to carport structures. As shown on the Conceptual Landscape Plan, 114 trees would be planted on-site, ranging in size from 15 gallons to 36’ boxes. All tress within 5 feet of hardscape would be installed with deep root barriers.

Additionally, the project would incorporate self-supporting vine plantings on the plantable walls with drip irrigation provided. As the final landscape plan would be reviewed and approved by the City, the project would not conflict with any of the City’s landscape regulations nor any applicable tree ordinance, and impacts are determined to be less than significant. f. LESS THAN SIGNIFICANT IMPACT. As described above, the project site is located within the planning area for the MHCP. The City of Vista does not have an approved or draft MHCP Subarea 11/14/2023 PH2 33 of 261

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Plan. In jurisdictions that do not have a subarea plan, it is important that current projects do not preclude the long-range planning for future subarea plans if they are prepared. The City of Vista is largely built out and is not actively pursuing approval of a subarea plan, and there is no draft subarea plan available for public review or implementing agreement for the MHCP. However, the City of Vista’s General Plan (GP) includes goals and policies intended to implement the provisions of the MHCP. Because the proposed Project’s entitlements must be consistent with the City’s GP, the proposed project will address MHCP standards where appropriate.

The MHCP jurisdictions identified Focused Planning Areas (FPAs) within which some lands will be dedicated for open space and habitat conservation. The FPAs include “hardline” areas (lands to be conserved and managed primarily for biological resources) and “softline” planning areas, within which hardline preserve areas will ultimately be delineated based on further data and planning. Although the project site is located adjacent to the Buena Vista Creek which is designated as an FPA, the project site is not within a mapped FPA in the MHCP. Therefore, even though compliance with the MHCP is not required, development of the project site would not preclude eventual implementation of the MHCP. In addition, the functions and values of the site are fairly low due to surrounding urbanization in conjunction with the relatively small size of the site. For these reasons, the proposed project would not conflict with the MHCP, and impacts would be less than significant.

MITIGATION MEASURES
MM-BIO-1 The applicant shall mitigate for impacts to Diegan coastal sage scrub at a 1:1 ratio through the purchase of coastal sage scrub credits at a local mitigation bank; or, the project provides for restored coastal sage scrub along the Buena Vista Creek project buffer area at a 1:1 ratio.

MM-BIO-2 The clearing and grubbing of, and construction adjacent to, sensitive habitats shall occur outside of the breeding season for general birds, including raptors (January 15 to September 15). The City may waive this condition, provided that the following additional avoidance measures are taken. If the construction activities cannot avoid the bird breeding season, a qualified biologist shall be retained to conduct a pre-construction nesting bird survey within seven days prior to the activities to confirm the presence or absence of active bird nests. If no active bird nests are found by the qualified biologist, then the activities shall proceed with the reassurance that no violation to the MBTA and CFGC would occur. If an active bird nest is found by the qualified biologist, then vegetation removal and/or trimming activities at the nest location and within 300 feet for passerine birds and 500 feet for raptors shall not be allowed to occur until the qualified biologist has determined that the nest is no longer active. Buffers may be reduced only at the discretion of the qualified biologist, depending on the bird species and construction/vegetation removal activities required in the vicinity of the active nest.

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V. Cultural Resources

Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No Impact
a. Cause a substantial adverse change in the
significance of a historical resource as defined in
§15064.5?

b. Cause a substantial adverse change in the
significance of an archaeological resource pursuant
to §15064.5?

c. Disturb any human remains, including those interred
outside of formal cemeteries?

The discussion below is based on the Negative Cultural Resources Phase I Letter Report for the Sunset Drive Townhomes Project (Cultural Report) prepared by Dudek in July 2022. The Cultural Report will be included as Appendix C to this MND.

DISCUSSION
a LESS THAN SIGNFICANT IMPACT. Dudek conducted a records search for the proposed project including a surrounding one-mile radius buffer at the South Coastal Information Center (SCIC). The records search did not identify any cultural resources within the Project area; however, a Native American Heritage Commission (NAHC) Sacred Lands File (SLF) search was requested, and results were positive. The SCIC records search and the pedestrian survey did not identify cultural resources within the Project area.

In addition to the SCIC records search, Dudek conducted an on-line review of historic aerial photographs of the Project area and general vicinity, to help determine the possible development and land use of the Project area in the past. Historic aerial photographs of the Project area were available for 1938, 1946, 1947, 1953, 1964, 1967, 1978, 1980-1986, 1988-1991, 1993-2000, 2002, 2003, 2005, 2009, 2010, 2012, 2014, 2016, and 2018 (Appendix C). The historic aerial from 1938 revealed that the Project area was utilized for agriculture. In addition, three structures appear within the eastern section of the Project area. A dirt road runs through the middle of the Project area from the northeastern corner to the midwestern section of the Project area. The current alignment of Sunset Drive/South Emerald Drive curves northwest from the east, however, in the 1938 aerial, the dirt road continues towards the west. The 1946 aerial reveals crops growing throughout the Project area. Sunset Drive appears more defined, and another dirt road cuts through in a north/south direction in the eastern section of the Project area, immediately east of the structures. The 1947-1953 aerials reveal no changes to the Project area.

The 1964 aerial reveals some grading within the eastern section of the Project area, east of the structure and dirt road. The 1967 aerial reveals no changes to the Project area.

The 1978 aerial reveals a dirt road in the middle of the Project area, located south from Sunset Drive. In addition, a mobile home complex appears immediately south of the Project area.

The 1980 aerial shows the current alignment of Sunset Drive, curving northwest from the east, and the roadway now appears to be paved with asphalt-concrete. Some slight grading can be observed, east of the new alignment of Sunset Drive, in the northern corner of the Project area. The 1981-1983 area reveals no changes to the Project area. The 1984 aerial shows two structures, immediately adjacent of the dirt road in the western section of the Project area and mass grading is 11/14/2023 PH2 35 of 261

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observed north and west of the Project area. Grading in the northern section above the dirt road in the northwestern section of the Project area is observed in the 1985, and by 1986 a residential development is being constructed to the north of the Project area. The 1988-1993 aerials do not reveal any changes to the Project area. In the 1994 aerial, a structure appears in the northwestern corner of the Project area. The 1995-1996 aerial reveals no change to the Project area. The structure in the northwestern corner of the Project area is no longer observed on the 1997 aerial.

The Project area has remained the same since 1998. A review of the historic aerials has revealed that the Project area has undergone extensive ground disturbance from agricultural activities, the construction of the single-family property and ancillary structures, and the development of Sunset Drive and South Emerald Drive. Based on the historic arterials, there are three historic age structures located within the eastern section of the Project area.

Historic topographic (topo) maps of the Project area were reviewed (earliest map available is 1893).

Buena Vista Creek is observed on the topo maps in the western section of the Project area. The topo maps from 1949-1978 shows a structure in the eastern section of the Project area, with a roadway through the middle of the Project area running from the southeastern corner of the Project area to the midwestern section of the Project area. The topo maps from 2000 to 2018 do not show a structure but the new alignment of Sunset Drive/South Emerald Drive is observed.

Although the three existing structures on the Project site are over 45 years old, they are not currently listed in the California Register of Historical Resources (CRHR) or National Register of Historic Places (NRHP). Furthermore, the existing structures on the southern portion of the site are not identified on the recorded historic resources list within Section 4.5.2.2.2 of the City’s 2030 General Plan Update PEIR. Therefore, impacts are determined to be less than significant. b. LESS THAN SIGNIFICANT WITH MITIGATION. A site records search and literature review for the Project site and a one-mile radius buffer was conducted at the South Coast Information Center (SCIC) on May 18, 2022. The records search results indicate that 74 previous cultural resources studies have been conducted within one-mile of the Project area. Of the 74 previous studies, five studies intersect the Project area. These studies consist of three cultural resources inventory reports, a historic resource survey, and a cultural resources evaluation for a master plan. The SCIC records search did not identify any cultural resources within the Project area. The records search did identify 34 cultural resources within the one-mile search radius buffer of the Project area. Of the total 34 resources identified in the one-mile buffer, 21 are prehistoric resources, two are prehistoric isolates, and 11 are historic resources. The closest resource to the Project area is P-37-006841, a prehistoric habitation site located approximately 270 meters east from the Project area. No historic addresses are located within the Project area, however, one historic address is located within the one-mile search radius buffer.

Dudek’s Phase I cultural resources inventory of the Project indicates that there is moderate sensitivity for identifying intact subsurface archaeological deposits during Project implementation.

The SCIC records search and the pedestrian survey did not identify any cultural resources within the Project area. However, there are three historic age structures (e.g. single-family property, garage, and workshop/storage unit) located in the eastern section of the Project area. The review of historic aerial photographs reveals that a majority of the Project area has been disturbed by agricultural activities and the structures show up on the historic aerials. Due to the presence of historic age structures in the eastern section of the Project area, there is moderate potential for subsurface resources. Cultural resources monitoring with a qualified archaeologist and Luiseño Native American monitor during construction is recommended in the eastern section of the Project area. Additionally, the City’s standard Cultural Resources Mitigation Measures 11/14/2023 PH2 36 of 261

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MM-CR-1 through MM-CR-6 would be required for the project, as outlined below. With implementation of MM-CR-1 through MM-CR-6, impacts would be less than significant with mitigation incorporated.
c. LESS THAN SIGNIFICANT WITH MITIGATION. The Project site does not lie near any known cemeteries. It is possible, though, that construction activities could unearth previously unknown resources, including human remains, particularly given the moderate cultural sensitivity of the site. This would be considered a potentially significant impact. In accordance with Section 7050.5 of the California Health and Safety Code, if human remains are found, the County Coroner shall be immediately notified of the discovery. No further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains shall occur until the appropriate treatment and disposition of the human remains. If the County Coroner determines that the remains are, or are believed to be, Native American, he or she shall notify the NAHC in Sacramento within 24 hours. In accordance with California Public Resources Code Section 5097.98, the NAHC must immediately notify the person or persons it believes to be the MLD from the deceased Native American. The MLD shall complete inspection within 48 hours of being granted access to the site and make recommendations for the treatment and disposition, in consultation with the property owner, of the human remains.

In addition to project compliance with Section 7050.5 of the California Health and Safety Code, MM-CR-1 through MM-CR-6 would be incorporated to further ensure potential impacts to human remains would not be significant. Therefore, impacts related to human remains would be less than significant with mitigation incorporated.

MITIGATION MEASURES
MM-CR-1 Cultural resource mitigation monitoring shall be conducted on the site to provide for the identification, evaluation, treatment, and protection of any cultural resources that are affected by or may be discovered during the construction of the proposed project. The monitoring shall consist of the full-time presence of a Qualified Archaeologist and a traditionally and culturally affiliated (TCA) Native American Monitor associated with a TCA tribe for, but not limited to, any clearing or grubbing of vegetation, tree removal, demolition and/or removal of remnant foundations, pavements, abandonment and/or installation of infrastructure; grading or any other ground disturbing or altering activities, including the placement of any imported fill materials (note: all fill materials shall be absent of any and all cultural resources); and any related road improvements, including, but not limited to, the installation of infrastructure, realignments, and/or expansions to parking lots. Other tasks of the monitoring program shall include the following:
a. The requirement for cultural resource mitigation monitoring shall be noted on all applicable construction documents, including demolition plans, grading plans, etc. b. The Qualified Archaeologist and TCA Native American Monitor shall attend at least one pre-construction meeting with the Contractor and/or associated Subcontractors (e.g., Grading Contractor) and a representative from the City of Vista’s Engineering or Community Development departments to present the archaeological monitoring program as presented in these measures.
c. The Qualified Archaeologist shall maintain ongoing collaborative consultation with the TCA Native American Monitor during all ground disturbing or altering activities, as identified 11/14/2023 PH2 37 of 261

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above. The Contractor or Grading Contractor shall notify the Director of Community Development & Engineering, preferably through e-mail, of the start and end of all ground-disturbing activities.
d. The Qualified Archaeologist and/or TCA Native American Monitor may halt ground-disturbing activities if archaeological artifact deposits or cultural features are discovered. In general, ground-disturbing activities shall be directed away from these deposits for a short time to allow a determination of potential significance, the subject of which shall be determined by the Qualified Archaeologist and the TCA Native American Monitor. If a determination is made that the unearthed artifact deposits or tribal cultural resources are considered potentially significant, the consulting TCA Tribe(s) shall be notified and consulted in regards to the respectful and dignified treatment of those resources. Ground disturbing activities shall not resume until the Qualified Archaeologist, in consultation with the TCA Native American Monitor, deems the cultural resource or feature has been appropriately documented and/or protected. At the Qualified Archaeologist’s discretion, the location of ground disturbing activities may be relocated elsewhere on the project site to avoid further disturbance of cultural resources. e. The avoidance and protection of discovered unknown and significant cultural resources and/or unique archaeological resources is the preferable mitigation for the proposed project. If avoidance is not feasible, culturally appropriate treatment of those resources, including but not limited to funding an ethnographic or ethnohistoric study of the resource(s), and/or developing a data recovery plan may be authorized by the City as the Lead Agency under CEQA. If data recovery is required, then the consulting TCA Tribe(s) shall be notified and consulted in drafting and finalizing any such recovery plan.

MM-CR-2 Prior to the submission of a grading plan to City staff for review, the Applicant or Owner, and/or Contractor shall enter into a Pre-Excavation Agreement with a Traditionally and Culturally Affiliated Native American Tribe (“TCA Tribe”). A copy of the agreement shall be included in the grading plan submission. The purpose of this agreement shall be to formalize protocols and procedures between the Applicant or Owner, and/or Contractor, and the TCA tribe for the protection and treatment of, including but not limited to, Native American human remains, funerary objects, cultural and religious landscapes, ceremonial items, traditional gathering areas and cultural items, located and/or discovered through a monitoring program in conjunction with the construction of the proposed project, including additional archaeological surveys and/or studies, excavations, geotechnical investigations, off-site infrastructure installation, grading, and all other ground disturbing activities.

MM-CR-3 Prior to the release of the Grading Bond, a Monitoring Report and/or Evaluation Report, which shall comply with Government Code Section 6254(r), shall be submitted by the Qualified Archaeologist, along with the TCA Native American Monitor’s notes and comments, to the City Planner for the project administrative record.

MM-CR-4 All cultural materials that are associated with burial and/or funerary goods shall be repatriated to the Most Likely Descendant as determined by the Native American Heritage Commission (NAHC) per California Public Resources Code Section 5097.98.

MM-CR-5 Recovered cultural material of historic significance, but not of tribal significance, shall be curated with accompanying catalog, photographs, and reports to a San Diego curation facility that meets federal standards per 36 CFR Part 79. 11/14/2023 PH2 38 of 261

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Materials of Native American origin should be catalogued in the field by the archaeologist with the TCA monitor present. No materials are to leave the project site. The cultural material can then be returned to the Tribe(s) for reburial on the project site as detailed below. Recovered cultural material of tribal cultural significance shall be repatriated as stipulated in the pre-excavation agreement as described in CR-2. Onsite Resource Reburial: Upon completion of all ground-disturbing and grading activities on the Project site, the TCA monitor and representatives from the Tribe(s) will rebury any resources recovered from the Project site in an open space area that will remain free from any active recreational uses or any further excavation or ground disturbance. Any reburial site shall be culturally appropriate and explicitly approved in writing by the consulting Tribe(s).

The reburial location will be covered first by a layer of geomat and then backfilled with clean fill dirt. Once reburial activities are completed, the site will be protected via a restrictive covenant or similar deed restriction that prohibits future excavation or disturbance of the reburial location.

MM-CR-6 As specified by California Health and Safety Code Section 7050.5, if human remains are found on the project site during construction or during archaeological work, the person responsible for the excavation, or his or her authorized representative, shall immediately notify the San Diego County Coroner’s office by telephone. No further excavation or disturbance of the discovery or any nearby area reasonably suspected to overlie adjacent remains (as determined by the Qualified Archaeologist and/or the TCA Native American monitor) shall occur until the Coroner has made the ne cessary findings as to origin and disposition pursuant to Public Resources Code 5097.98. If such a discovery occurs, a temporary construction exclusion zone shall be established surrounding the area of the discovery so that the area would be protected (as determined by the Qualified Archaeologist and/or the TCA Native American monitor), and consultation and treatment could occur as prescribed by law. As further defined by State law, the Coroner would determine within two working days of being notified if the remains are subject to his or her authority. If the Coroner recognizes the remains to be Native American, he or she shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission would then make a determina tion as to the Most Likely Descendent. If Native American remains are discovered, the remains shall be kept in situ (“in place”), or in a secure location in close proximity to where they were found, until after the Medical Examiner makes its determination and notifications, and until after the Most Likely Descendant is identified. The analysis of the remains shall only occur on-site in the presence of a Most Likely Descendant. The specific locations of Native American burials and reburials will be proprieta ry and not disclosed to the general public. According to California Health and Safety Code, six or more human burials at one location constitute a cemetery (Section 8100), and disturbance of Native American cemeteries is a felony (Section 7052). In the event that the project proponent and the MLD are in disagreement regarding the disposition of the remains, State law will apply, and the mediation process will occur with NAHC. In the event that mediation is not successful, the landowner shall rebury the rema ins at a location free from future disturbance (see Public Resources Code Section 5097.98(e) and 5097.94(k)).
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VI. Energy

Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No Impact
a. Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary
consumption of energy resources, during project
construction or operation?

b. Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency?

DISCUSSION
a. LESS THAN SIGNIFICANT IMPACT.

Construction of the Project is anticipated to take approximately 15 months to complete, according to the Air Quality and Greenhouse Gas Analysis Report prepared for the Project (Appendix A).

Demolition of existing structures, grading and site preparation would be accomplished first, followed by building construction, paving and architectural coating. Heavy-duty construction equipment associated with construction activities would rely on diesel fuel, as would trucks associated with vendor and haul trips. Temporary electric power for as-necessary lighting and electronic equipment such as computers inside temporary construction trailers is not anticipated; however, electricity used for such activities would be less than that required for project operation and would have a minimal contribution to the project’s overall energy consumption. Project construction would also involve use of non-renewable or slowly renewable resources used to create building materials including certain types of lumber and other forest products; aggregate materials used in concrete and asphalt such as sand, gravel, and stone; metals such as steel, copper, and lead; petrochemical construction materials such as plastics; and water. Construction would comply with all relevant energy-related regulations by conserving energy and natural resources to the extent feasible. The energy demands due to diesel and gasoline use during construction would be small relative to statewide and local demands for fuel use, considering the size of the project. The energy consumption during project construction would be commensurate with typical construction projects and would not use energy wastefully or inefficiently.

Although the project would increase electricity, natural gas and petroleum use during operation, considering the size of the project, estimated use of these resources would be minimal relative to existing statewide and local demands. Energy consumption during project operation would be commensurate with typical residential projects and would not use energy wastefully or inefficiently. Furthermore, the project would include several sustainability design features to reduce potential energy and water usage, such as (but not limited to) electric vehicle (EV) parking, drought-tolerant landscaping and water efficient irrigation systems.

Given the considerations above, and detailed findings in the Greenhouse Gas Emissions Analysis (Appendix D), energy consumption associated with construction and operation of the project would not be considered wasteful, inefficient, or unnecessary consumption of energy resources and impacts would be less than significant.
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b. LESS THAN SIGNIFICANT IMPACT.

The project would meet the Title 24 and CALGreen standards to reduce energy demand and increase energy efficiency. Title 24 of the California Code of Regulations contains energy efficiency standards for residential and nonresidential buildings based on a state mandate to reduce California’s energy demand. Specifically, Title 24 addresses a number of energy efficiency measures that impact energy used for lighting, water heating, heating, and air conditioning, including the energy impact of the building envelope such as windows, doors, skylights, wall/floor/ceiling assemblies, attics, and roofs.

Natural gas and electricity are supplied to the project site by SDG&E. The proposed project would result in an increased use of natural gas and electricity during operation compared with the existing conditions. However, the project would result in a nominal increase in natural gas and electricity over the City’s typical annual natural gas and electricity consumption. Implementation of the project would not result in the reduction of substantial amounts of local or regional energy supplies compared to existing conditions. The resultant increase in energy demand would not exceed the available capacity of SDG&E servicing infrastructure to the site or beyond.

As described above, proposed sustainability design features to be incorporated into the project design include (but are not limited to) electric vehicle (EV) parking, drought-tolerant landscaping and water efficient irrigation systems. Therefore, it has been determined that the project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency, and impacts would be less than significant.
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VII. Geology and Soils

Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving:

1. Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of known fault? Refer to
Division of Mines and Geology Special Pub 42.

2. Strong seismic ground shaking?

3. Seismic-related ground failure, including
liquefaction?

4. Landslides?
b. Result in substantial soil erosion, or the loss of topsoil? c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the
Project, and potentially result in on- or off-site
landslide, lateral spreading, subsidence, liquefaction
or collapse?

d. Be located on expansive soil, as defined in Table 18- 1-B of the Uniform Building Code (1994), creating
substantial risks to life or property?

e. Have soils incapable of adequately supporting the
use of septic tanks or alternative waste water
disposal systems where sewers are not available for
the disposal of waste water?

f. Directly or indirectly destroy a unique paleontological resource or site or unique geological feature?

The discussion below is based on the Geotechnical Investigation for the Sunset Drive Townhomes Project prepared by Geocon in April 2022. The Geotechnical Investigation is included as Appendix H to this MND. Additionally, in response to public comments concerning slope stability and landslides, an Additional Geotechnical Consultation was prepared in August 2023 by Geocon, and is included as Appendix I to this Final MND.
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DISCUSSION
a1 – a3. LESS THAN SIGNIFICANT IMPACT.

Fault Rupture – The purpose of the Alquist-Priolo Earthquake Fault Zoning Act (1972) is to mitigate the hazard of surface faulting by preventing the construction of buildings used for human occupancy over an area with known faults. Unlike damage from ground shaking, which can occur at great distances from the fault, impacts from fault rupture are limited to the immediate area of the fault zone where the fault breaks along the grounds surface.

The project site is located within a seismically active region, as is all of Southern California.

However, the project site is not located within an Alquist-Priolo Earthquake Fault Zone, and there are no known active or potentially active faults transecting or projecting toward the project site. The nearest active faults are the Rose Canyon and Newport Inglewood Faults located approximately 9 miles west of the project site. Therefore, ground rupture because of active faulting is not likely to occur on site due to the absence of known active faults. Cracking of building foundations and walls due to shaking from distant seismic events is not considered an existing significant hazard, although it is a possibility at any site in Southern California. Adherence to the California Building Code (CBC) requiring specific performance standards to address geologic hazards, would ensure impacts related to faulting and seismicity would remain less than significant.

Seismic Shaking - The Project area, like most of southern California, could be subject to such seismic events as strong ground shaking and seismically-induced settlement such as liquefaction, which could potentially expose people and/or structures to substantially adverse effects. The ground motion characteristics of any future earthquakes in the region would depend on the characteristics of the generating fault, the distance to the epicenter, the magnitude of the earthquake, and the site-specific geologic conditions. Major faults in the region could be a source of a strong seismic-related movement at the project site. Although the project site is located within southern California, a seismically active region, no active faults are known to transect the site (DOC 2022b). The nearest active faults are the Rose Canyon Fault and Newport-Inglewood Fault located approximately 9 miles west of the project site, and the Elsinore Fault Zone located approximately 19 miles east of the project site (DOC 2022b).

Because of the potential of seismic events to impact structures in the City and southern California in general, the proposed buildings are required to be constructed in compliance with the seismic safety standards set forth in the CBC in effect at the time grading and building permits are obtained. In general, compliance with the CBC would include the incorporation of: 1) seismic safety features to minimize the potential for significant effects as a result of earthquakes; 2) proper building footings and foundations; and 3) construction of the building structure so that it would withstand the effects of strong ground shaking. The City’s Building Department would also review the building plans through building plan checks, issuance of a building permit, and inspection of the building during construction, which would ensure that all required CBC seismic safety measures are incorporated into the building. With project compliance with the CBC, and the City’s Building Department’s review process, project impacts related to seismic shaking would be less than significant.

Ground Failure or Liquefaction–Liquefaction is a phenomenon in which a saturated cohesionless soil causes a temporary transformation of the soil to a fluid mass, resulting in a loss of support.

The Project site is not located within a liquefaction zone (DOC 2022b). However, the soils of the Project site consist of Salinas Clay Loam and loamy fine sand, both of which are susceptible to liquefaction and poses a geologic concern (USDA 2022). Compliance with the CBC; the 11/14/2023 PH2 43 of 261

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Building Department’s review process, permit application, and inspections would ensure impacts related to liquefaction would be less than significant. a4. NO IMPACT. The Project site is not located within a landslide hazard zone (DOC 2022b).

Furthermore, the Project site is relatively flat and does not feature evidence of previous landslides. Therefore, it is determined that no impact would occur. b. LESS THAN SIGNIFICANT IMPACT. The potential for erosion would increase during construction as a result of vehicles, heavy equipment, and general earth work accelerating the erosion process.

Wind erosion could occur on bare soils or where vehicles and equipment cause dust. Project-related ground disturbance would comply with existing regulatory requirements and standards related to geology and soils, which would serve to limit the potential for erosion and loss of topsoil. This includes the preparation of a site-specific Storm Water Pollution Prevention Plan (SWPPP) to address potential pollutants and their sources, including sources of sediment and site erosion.

Conditions of these existing regulations would include adherence to sediment and stormwater pollutant control best management practices (BMPs) to minimize potential for soil erosion and loss of topsoil. Operation of the Project would not affect soil erosion. Therefore, the Project would not result in substantial soil erosion, or the loss of topsoil and impacts would be less than significant. c. LESS THAN SIGNIFICANT IMPACT. As previously discussed, the Project site is not located within a landside or liquefaction zone, or near a known active fault zone (DOC 2022b). However, as previously discussed, soils on the Project site consist of Salinas Clay Loam and loamy fine sand, both of which are susceptible to liquefaction and poses a geologic concern (USDA 2022). The Project would continue through full project design, which would include a geotechnical investigation to inform final design and construction of the Project relative to minimization of potential geotechnical risks, including soil stability. Therefore, the Project is not expected to exacerbate geotechnical hazards related to unstable soils and impacts would be less the significant. d. LESS THAN SIGNIFICANT IMPACT. Expansive soils are clay-based and tend to increase in volume due to water absorption and decrease in water volume due to drying. As previously discussed, soils on the Project site consist of Salinas Clay Loam and loamy fine sand, both of which are susceptible to liquefaction and poses a geologic concern (USDA 2022). The proposed Project would be required to comply with the CBC; the Building Department’s review process, permit application, and inspections to limit potential effects. Furthermore, as described above, the Project would continue through full project design, which would include a geotechnical investigation to inform final design and construction of the Project relative to minimization of potential geotechnical risks, including determination of potential expansive soils. For these reasons, impacts related to expansive soils are determined to be less than significant. e. LESS THAN SIGNIFICANT IMPACT. The Project would connect into existing City sewer infrastructure, avoiding the need to use septic tanks or alternative wastewater disposal systems on-site. Therefore, no impacts would occur.
f. LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED. The probability of discovering paleontological resources depends on the geologic formation being excavated and the depth and volume of the excavation. Sedimentary rocks, such as those found in coastal areas, usually contain fossils. Granite rocks, such as those found in inland areas, usually will not contain fossils.

The Santiago Formation is known to underlie portions of northwestern San Diego County. 11/14/2023 PH2 44 of 261

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As discussed in Section 4.5.2.3 of the City’s General Plan PEIR, Santiago Formation deposits have a high paleontological sensitivity. High sensitivity is assigned to geologic formations known to contain paleontological localities with rare, well-preserved, and/or critical fossil materials for stratigraphic or paleoenvironmental interpretation, and fossils providing important information about the paleobiology and phylogeny (evolutionary history) of wildlife and plant groups. Generally speaking, highly sensitive formations are known to produce, or have the potential to produce vertebrate fossils. As further discussed in Section 4.5.4.4.3 of the City’s General Plan PEIR, substantial trenching or grading at depths greater than ten feet and a total cut amount of more than 1,000 cy within areas of moderate or high paleontological sensitivity could result in a significant impact on paleontological resources. Grading and excavation is required for Project construction, which could potentially lead to a significant impact on paleontological resources.

Therefore, if excavations and/or grading exceeds depths greater than ten feet and cuts of more than 1,000 cy in soils composed of Santiago Formation, Mitigation Measure MM-GEO-1 would be implemented. With mitigation, this potentially significant impact would be reduced to a less than significant level.

MITIGATION MEASURES
MM-GEO-1 Prior to the issuance of a Grading Permit, the City or Grading Contractor shall provide written evidence to the Director of Community Development that the Contractor has retained a City-approved Qualified Paleontologist to monitor all earth‐disturbing activities within areas where the underlying formation consists of Santiago Formation. Prior to the release of the grading bond, a post-construction monitoring report shall be prepared and submitted to the Director of Community Development. All fossil materials recovered during mitigation monitoring shall be cleaned, identified, cataloged, and analyzed in accordance with standard professional practices. The results of the field work and laboratory analysis shall be included in the post-construction monitoring report (including a finding of no impact), and the entire collection transferred to an approved facility.

VIII. Greenhouse Gas Emissions

Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
a. Generate greenhouse gas emissions, either directly
or indirectly, that may have a significant impact on
the environment?

b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of
greenhouse gases?

The discussion below is based on the findings contained within the Greenhouse Gas Emissions Analysis prepared for the Project by Dudek in August 2022. The Greenhouse Gas Emissions Analysis is included as Appendix D to this MND.
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DISCUSSION
a - b. LESS THAN SIGNIFICANT IMPACT. Global climate change is primarily considered a cumulative impact but must also be evaluated on a project-level under CEQA. A project participates in this potential impact through its incremental contribution combined with the cumulative increase of all other sources of GHG emissions. GHGs are gases that absorb infrared radiation in the atmosphere. Principal GHGs regulated under state and federal law and regulations include carbon dioxide (CO2), methane (CH4), and nitrous oxide (N2O). GHG emissions are measured in metric tons of CO2 equivalent (MT CO2e), which account for weighted global warming potential (GWP) factors for CH4 and N2O.

Construction of the Project would result in GHG emissions primarily associated with the use of off-road construction equipment, on-road hauling and vendor (material delivery) trucks, and worker vehicles. As outlined in detail in Appendix D to this MND, the Project would generate operational GHG emissions from area sources (landscape maintenance), energy sources (electricity consumption), mobile sources (vehicle trips), water supply and wastewater treatment, and solid waste. Estimated annual Project-generated operational emissions in 2025, plus amortized Project construction emissions would be approximately 400 MT CO2e per year.

The Project would be consistent with the City Climate Action Plan (CAP). The CAP is designed to reduce the City’s GHG emissions and streamline environmental review of future development projects in the city in accordance with the California Environmental Quality Act (CEQA). As such, the Project is consistent with the statewide GHG reduction goals addressed in CARB’s 2008 and 2017 Scoping Plans and SANDAG’s 2021 Regional Plan. Therefore, the Project would be consistent with the statewide GHG reduction goals set forth in AB 32 and SB 32 and demonstrate progress toward attaining the 2050 reduction goals within EO S-3-05.

Furthermore, the Project would implement both construction-related and operational design features intended to reduce GHG emissions as follows:

PDF-GHG-1: Consistent with the CAP, the project will include at a minimum, three percent of total parking spaces required to have EV charging stations.

PDF-GHG-2: Consistent with the CAP, “emissions reductions in this strategy would be achieved through working with developers and fleet owners to phase out old, fossil fuel reliant equipment.” The applicant will work with the project construction contractors to incorporate to the extent available electric and alternative fueled construction equipment.

For these reasons stated above, and as described in detail in Appendix D to this MND, project impacts related to GHG would be less than significant.

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IX. Hazards and Hazardous Materials

Would the project:

Potentially
Significant
Impact
Less than
Significant with
Mitigation
Less than
Significant
Impact
No
Impact
a. Create a significant hazard to the public or the
environment through the routine transport, use
or disposal of hazardous materials?

b. Create a significant hazard to the public or
the environment through reasonably
foreseeable upset and accident conditions
involving the release of hazardous materials
into the environment?

c. Emit hazardous emissions or handle
hazardous or acutely hazardous materials,
substances, or waste within one-quarter mile
of an existing or proposed school?

d. Be located on a site which is included on a list
of hazardous materials sites compiled pursuant
to Government Code Section 65962.5 and, as
a result, would it create a significant hazard to
the public or the environment?

e. For a Project located within an airport land
use plan or, where such a plan has not been
adopted, within two miles of a public airport
or public use airport, would the Project result
in a safety hazard for people residing or
working in the Project area?

f. Impair implementation of or physically
interfere with an adopted emergency
response plan or emergency evacuation plan?

g. Expose people or structures to a significant
risk of loss, injury or death involving wildland
fires, including where wildlands are adjacent
to urbanized areas or where residences are
intermixed with wildlands?

DISCUSSION
a. LESS THAN SIGNIFICANT . Construction activities would entail routine transport of materials potentially hazardous to humans, wildlife, and sensitive environments. These materials include gasoline oil, solvents, cleaners, paint, and various other liquids and materials required for the operation of construction equipment. Direct impacts to human health and biological resources from transport, use, or disposal of these materials could occur as a result of project construction. However, existing federal and state standards are in plac e for the use, handling, storage, and transport of these materials and would be implemented during construction of the Project. These regulations include the Federal Chemical Accident Prevention Provisions (Part 68 of the Code of Federal Regulations); Cali fornia Highway Patrol and California Department of Transportation container and licensing requirements for transportation of hazardous waste on public roads; the International Fire Code; the Resource Conservation and Recovery Act of 1976, as amended by the Hazardous and Solid Waste Amendments of 1984; California’s Hazardous Waste Control Law; the California Fire Code; California Health and Safety Code Hazardous 11/14/2023 PH2 47 of 261

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Materials Release Response Plans and Inventory; the California Integrated Waste Management Act; regulations developed by California Occupations Safety and Health Administration; and the state Hazardous Waste Control Act.

Additionally, standard best management practices included in the SWPPP required for the Project and associated hazardous materials handling protocols would be prepared and implemented to ensure the safe storage, handling, transport, use, and disposal of all hazardous materials during the construction phase of the Project. Therefore, potential impacts related to the routine transport, use, or disposal of hazardous materials during project construction is determined to be less than significant.

Residential uses are not typically associated with the transport, use, or disposal of hazardous materials. Household goods used by residential homes that contain toxic substances are usually low in concentration and small in amount. Therefore, there is no significant risk to humans or the environment from the use of such household goods. Residents are required to dispose of household hazardous waste, including pesticides, batteries, old paint, solvents, used oil, antifreeze, and other chemicals, at a Household Hazardous Waste Collection Facility. Also, as of February 2006, fluorescent lamps, batteries, and mercury thermostats can no longer be disposed in the trash. The transport, use, and disposal of hazardous materials are fully regulated by the EPA, State of California, San Diego County, and/or the City. With mandatory regulatory compliance, potential hazardous materials impacts associated with long-term operation of the project would be less than significant.
b. LESS THAN SIGNIFICANT WITH MITIGATION. As described above, construction activities would entail transport, use, or disposal of potentially hazardous materials including but not limited to, diesel fuel, gasoline, equipment fluids, concrete, cleaning solutions and solvents, lubricant oils, adhesives, human waste, and chemical toilets. Spill or upset of these materials could have the potential to significantly impact surrounding land uses; however, federal, state, and local controls have been enacted to reduce the effects of such potential hazardous materials spills. The Vista Fire Department enforces city, state, and federal hazardous materials regulations for the City. City regulations include spill mitigation, and containment and securing of hazardous materials containers to prevent spills. Compliance with these requirements is mandatory as standard permitting conditions and would minimize the potential for the accidental release or upset of hazardous materials, thus ensuring public safety. Compliance with the above requirements such as Cal/OSHA requirements, the Hazardous Waste Control Act, CalARP Program, and the California Health and Safety Code would ensure potential impacts related to the release of hazardous materials would not be substantial.

However, as previously discussed, aerial photographs from of the Project site revealed that the site had been undergone agricultural uses prior to 1938 and between 1946 and 1943 (Appendix C). The historical agricultural use of the site would suggest that organochlorine pesticides could be present in soil onsite. Due to the historic agricultural use of the Project site, undocumented and undetectable hazards may be buried and discovered during project grading. Often, undocumented drums or fuel tanks are buried on farms and are undetectable during site reconnaissance. Should any unknown resources be discovered onsite, potentially significant impacts may occur; therefore, Mitigation Measure MM-HM-1 is provided to reduce potential impacts during construction to less than significant.
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As stated in response to threshold a) above, operation of the project’s proposed residential and commercial uses would only require the transport, use, or disposal of typical household hazardous materials. Residents of the residential development are required to dispose of household hazardous waste at a Household Hazardous Waste Collection Facility. In addition, operations would be required to comply with EPA, State of California, San Diego County, and/or the City regulations pertaining to household wastes. With mandatory regulatory compliance, the potential for an accidental release of hazardous materials associated with long-term operation of the project would be less than significant.
c. LESS THAN SIGNIFICANT. The project site is not located within 0.25 mile of an existing or proposed school. The nearest school to the project site is Bella Mente Montessori Academy Charter School located at 155 Emerald Drive in the City of Vista, approximately 0.35 mile north of the Project site. As stated above, operation of the project would not require the transport, use, or disposal of hazardous materials. Construction activities would comply with the above requirements such as Cal/OSHA requirements, the Hazardous Waste Control Act, CalARP Program, and the California Health and Safety Code. Compliance with these requirements is mandatory and would minimize the potential for an accidental release of hazardous materials; therefore, impacts to schools as a result of project implementation is determined to be less than significant. d. LESS THAN SIGNIFICANT. According to the DTSC’s EnviroStor database, there are no clean-up sites located within or near the project site (DTSC 2022). Other state and local government agencies are required to provide additional hazardous materials release information for the Cortese List. The SWRCB’s GeoTracker database identifies leaking underground storage tanks, waste discharge sites, oil and gas sites, and other waste or cleanup sites. A review of GeoTracker did not identify any sites or facilities within or adjacent to the Project site. The nearest identified sites with open-site assessment statuses is Emerald Mobil (ID#: SLT19791404), a Cleanup Program Site, located approximately 0.3 miles west of the Project site. Due to distance this site is not considered a concern. Therefore, impacts are determined to be less than significant. e. LESS THAN SIGNIFICANT. The nearest airport is the McClellan-Palomar Airport, located about

4.03 miles to the south of the Project site in the City of Carlsbad. The property is not located within the Airport Influence Area of the airport (McClellan- Palomar Airport - Airport Land Use Compatibility Plan, January 25, 2010). Due to distance, implementation of the Project would not affect the safe operation of the airport, and the Project would not be affected by noise created through airport operations. Therefore, project development would not result in a safety hazard or excessive noise for people residing on-site, and impacts would be less than significant. f. LESS THAN SIGNIFICANT. The City of Vista is a participant in the Multi-Jurisdictional Hazard Mitigation Plan for San Diego County, which identifies risks by natural and human-made disasters and ways to minimize the damage from those disasters. The Project would provide residential uses that would be permitted and approved in compliance with existing safety regulations, such as the California Building Code and Uniform Fire Code to ensure that it would not conflict with implementation of the Multi-Jurisdictional Hazard Mitigation Plan.

The proposed project would be subject to applicable state and local building and fire codes, and final project plans would be reviewed by the City for consistency with both the Hazard Mitigation Plan and applicable emergency response plans. Additionally, the final site plans for the project would be reviewed by City Fire to ensure adequate emergency access. For these reasons, 11/14/2023 PH2 49 of 261

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implementation of the project would not impair or interfere with an adopted emergency repose plan or evacuation plan. Impacts are determined to be less than significant. g. LESS THAN SIGNIFICANT. Per CAL FIRE, the Project site is located within a Local Responsibility Area (LRA) and is not located within a very High Fire Hazard Severity Zone (VHFHSZ) (CAL FIRE 2009). The Project site is relatively flat and does not feature other factors that would exacerbate wildfire risks. Considering the project site is surrounded on all sides by existing development and/or infrastructure, the potential for wildfire related impacts are considered low. As described above, the project would be required to comply with all applicable requirements in the CBC, and final project plans would be subject to review by City Fire. For these reasons, impacts related to wildfire are determined to be less than significant.

MITIGATION MEASURES
MM-HM-1 During grading operations, observations shall be made by onsite construction personnel during any future ground disturbing activities for areas of possible contamination such as, but not limited to: the presence of underground facilities, buried debris, waste drums or tanks, or odorous soils. Should such materials be encountered, disposal shall occur in accordance with City, County of San Diego, and State and federal regulations.

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X. Hydrology and Water Quality

Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
a. Violate any water quality standards or waste
discharge requirements or otherwise substantially
degrade surface or ground water quality?

b. Substantially decrease groundwater supplies or
interfere substantially with groundwater recharge
such that the project may impede sustainable
groundwater management of the basin?

c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the
course of a stream or river or through the addition of
impervious surfaces, in a manner which would:

i) result in a substantial erosion or siltation on-
or off-site;
ii) substantially increase the rate or amount of
surface runoff in a manner which would result
in flooding on- or offsite;

iii) create or contribute runoff water which would
exceed the capacity of existing or planned
stormwater drainage systems or provide
substantial additional sources of polluted
runoff; or

iv) impede or redirect flood flows?
d. In flood hazard, tsunami, or seiche zones, risk
release of pollutants due to project inundation?
e. Conflict with or obstruct implementation of a water
quality control plan or sustainable groundwater
management plan?

DISCUSSION
a. LESS THAN SIGNIFICANT IMPACT. The Project proposes development of 38 two-story townhomes. Hydrologically, the site is situated in the Vista Hydrologic Subarea (904.22) within the Buena Vista Creek Hydrologic Area (904.20) of the Carlsbad Hydrologic Unit (904.0). The existing Project site is relatively flat with a gentle slope from south to north. The surface and groundwater receiving waters located closest to and downstream of the Project site include Buena Vista Creek, Buena Vista Lagoon, and Pacific Ocean. The designated beneficial uses of Buena Vista Creek include MUN (Municipal and Domestic Supply), AGR (Agricultural Supply), IND (Industrial Service Supply), REC1 (Contact Recreation), REC2 (Non-Contact Recreation), WARM (Warm Freshwater Habitat), and WILD (Wildlife Habitat) (SWRCB 1997). Buena Creek is 303(d) listed for Selenium and Sediment Toxicity.3

3 Per the Approved 2008-2010 303(d) List.
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The pollutants of concern that could be generated by the development of the Project would include sediments, nutrients, heavy metals, organic compounds, trash and debris, oxygen demanding substances, oil and grease, bacteria and viruses, and pesticides. The conditions of concern would include the potential effects of a change to a priority Project site’s hydrologic regime on downstream channels and habitat integrity. This can include impacts such as flooding, erosion, and scour.

To address potential water quality impacts due to project development, BMPs would be implemented during construction and operation in compliance with the City of Vista Stormwater Standards Manual (June 2015), which would reduce pollutants, as further described below.

Construction Impacts
Construction of the Project would require grading and excavation of soils, which would loosen sediment, and then have the potential to mix with surface water runoff and degrade water quality.

Additionally, construction would require the use of heavy equipment and construction-related chemicals, such as concrete, cement, asphalt, fuels, oils, antifreeze, transmission fluid, grease, solvents and paints. These potentially harmful materials could be accidentally spilled or improperly disposed of during construction and, if mixed with surface water runoff could wash into and pollute waters.

These types of water quality impacts during construction of the Project would be prevented through implementation of a grading and erosion control plan that is required by the City’s Grading Ordinance (Development Code Chapter 17.56) and the State General Permit to Discharge Storm Water Associated with Construction Activities (NPDES No. CAS000002), which requires preparation of a SWPPP by a Qualified SWPPP Developer. The grading and erosion control plan and SWPPP are required for plan check and approval by the Land Development Engineer, as well as the Planning Division, prior to provision of permits for the Project, and would include construction BMPs such as:
• Silt Fence, Fiber Rolls, or Gravel Bag
• Street Sweeping and Vacuuming
• Storm Drain Inlet Protection
• Stabilized Construction Entrance/Exit
• Vehicle and Equipment Maintenance, Cleaning, and Fueling • Hydroseeding
• Material Delivery and Storage
• Stockpile Management
• Spill Prevention and Control
• Solid Waste Management
• Concrete Waste Management
Adherence to the existing requirements and implementation of the appropriate BMPs per the permitting process would ensure that potential water quality degradation associated with construction activities would be minimized, and impacts would be less than significant. 11/14/2023 PH2 52 of 261

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Operational Impacts
The Project would introduce residential uses to the Project site, which would introduce the potential for pollutants such as chemicals from household cleaners, pathogens from pet wastes, nutrients from fertilizer, pesticides and sediment from landscaping, trash and debris, and oil and grease from vehicles. These pollutants could potentially discharge into surface waters and result in degradation of water quality. As described above, Buena Vista Creek is listed as impaired on the EPA’s 303(d) for Selenium and Sediment Toxicity. Therefore, operation of the Project could create new impairments or exacerbate existing impairments within this waterbody, which would result in a water quality impact.

However, in accordance with the City’s SUSMP (Municipal Code Chapter 13.18, Stormwater Management and Discharge Control Program), as detailed in the City of Vista Stormwater Standards Manual and the requirements of the re-issued Municipal Storm Water Permit (San Diego RWQCB Order R9-2007-0001), all new and significant redevelopment projects that fall into one of 11 categories would be considered “priority” projects. Priority projects are required to incorporate post-construction (or permanent) Low Impact Development (LID) site design, source control, and treatment control BMPs into the project’s design. The Project meets three of the 11 “priority project” categories - a housing subdivision of 10 or more dwellings; a project that creates 5,000 square feet of new paved surface; and a development project that results in the disturbance of one acre or more of land. As a result, the Project is classified as a priority project and is required to incorporate LID into the project site design. The LID site design would minimize impervious surfaces and provide infiltration of runoff into landscaped areas before it can leave the site.

In addition, source control BMPs are required per the City’s SUSMP to minimize the introduction of pollutants that may result in water quality impacts; and treatment control BMPs would treat runoff before it discharges from the site. According to the City’s Stormwater Standards Manual, treatment control BMPs are effective at minimizing pollutants of concern. Bio-retention basins remove coarse sediment, trash, and pollutants (i.e., sediments, nutrients, heavy metals, oxygen demanding substances, oil and grease, bacteria, and pesticides); and media filters (porous pavement) remove coarse sediment, trash, and fine particles. The types of BMPs that would be implemented for the Project include biofiltration basins, roof drain to landscaping, efficient irrigation, and drought tolerant landscape design.

With implementation of the operational BMPs that would be required by the City pursuant to the SUSMP and checked during the permitting and approval process of the Project, potential pollutants would be reduced to the maximum extent feasible. Development of the Project would not violate any water quality standards or waste discharge requirements, including but not limited to increasing pollutant discharges to receiving waters, and impacts would be less than significant. b. LESS THAN SIGNIFICANT IMPACT. Vista Irrigation District (VID), which provides water supplies to the Project site, utilizes water supplies from the Warner Basin aquifer to supplement its local surface water supply, which is Lake Henshaw. VID’s operational procedure is to use its surface water supply when available and conserve its groundwater for dry years when run-off is minimal and surface supplies are reduced. In dry years, groundwater is pumped from wells into Lake Henshaw and then utilized from the lake as needed. In wet years, surface water supply is used and groundwater pumping operations cease, which allows the basin to recharge. The groundwater basin acts as a water bank, allowing deposits in wet years and withdrawals in dry 11/14/2023 PH2 53 of 261

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years (VID 2020). It is estimated that Warner Basin has approximately 150,000 acre-feet of usable water storage (VID 2020). The VID has historically averaged approximately 6,950 acre-feet per year of groundwater usage and anticipates utilizing the same amount annually through 2045.

The increased demand for water as a result of the Project would equate to a negligible amount compared to the entire amount of groundwater used by the City annually; however, only a portion of the water supply needed for the Project would come from groundwater supplies. As described previously, groundwater is only utilized in dry years and recharged in wet years. Due to the limited increase in water demand that would be generated by the Project and the limited amount that would be obtained from the groundwater basin, the project would not substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level, and impacts would be less than significant.
c-i – c-iv. LESS THAN SIGNIFICANT IMPACT. Construction of the Project would require grading and excavation of soils, which would loosen sediment and could result in erosion or siltation. However, construction of the Project requires City approval of a grading and erosion control plan per the City’s Grading Ordinance (Development Code Chapter 17.56) and the State General Permit to Discharge Storm Water Associated with Construction Activities (NPDES No. CAS000002), which requires preparation of a SWPPP by a Qualified SWPPP Developer. The grading and erosion control plan and SWPPP are required for plan check and approval by the Land Development Engineer, as well as the Planning Division, prior to provision of permits for the project, and would include construction BMPs to reduce erosion or siltation. Adherence to the existing requirements and implementation of the required BMPs per the permitting process would ensure that erosion and siltation associated with construction activities would be minimized. Construction BMPs described in the SWPPP may include, but are not limited to, measures minimizing exposed soils, silt fencing, soil binders, street sweeping, hydroseeding soils, and using sandbags, check dams or berms during rain events to direct flows. Surface drainage during project construction would be controlled through implementation of the SWQMP and SWPPP, and in accordance with NPDES regulations and provisions of the City’s Grading and Erosion Control Ordinances.

Operation of the project would introduce impervious area to the primarily vacant site. The proposed buildings would have a drainage system to collect roof runoff and graded and disturbed areas would be re-vegetated and landscaped to minimize erosion. Post-construction the project site would have minimal risks of erosion occurring given property plant establishment and transport of sediments downstream would be significantly reduced by means of pretreatment and onsite biofiltration basins. As described above, the project would be subject to operational BMPs.

Positive surface drainage would be provided to direct surface water on-site toward the street or suitable drainage facilities, planters would be designed with provisions for drainage to the storm drain system, and surface runoff would be controlled in a manner to avoid erosion and sedimentation in accordance with regulations and the project’s SWQMP. Currently, stormwater runoff from the southern portion of the site flows to existing curb inlets located within South Emerald Drive. Post construction, onsite stormwater runoff would be collected in a proposed storm drain. The proposed storm drain system would reduce the potential for alteration of an existing drainage pattern that could result in substantial erosion or siltation. 11/14/2023 PH2 54 of 261

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In existing conditions, the project site has been previously graded but is currently primarily vacant.

Existing runoff from the site is collected in the City’s storm drain system. Project improvements would result in an increase in peak runoff flowrate within the project site. However, proposed drainage features would adequately control and release flows from the site post-development.

Due to the proposed drainage systems, the Project would not substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off site and the impact would be less than significant.

The existing municipal storm drain system has sufficient conveyance capacity to accept the proposed runoff from the site that would be reduced by the proposed drainage features. Although the project would result in an increase in impervious surfaces on-site that would generate additional stormwater runoff, implementation of the project would utilize adequate drainage points and would not substantially impede or redirect flows in comparison to existing conditions.

Due to the proposed drainage design and improvements to the existing on-site drainage, the project would not exceed existing capacity of storm drain facilities, and impacts would be less than significant.

Construction of the Project would require grading and excavation of soils, which could temporarily alter the existing drainage pattern of the site or area and result in flooding on- or offsite.

Additionally, the Project site is adjacent to Buena Vista Creek to the north and the northern portion of the Project site is located within a 100-year floodplain (FEMA 2022). However, as described above, Project construction requires preparation of a SWPPP by a Qualified SWPPP Developer, which would include construction BMPs to limit an increase in stormwater flows during construction and reduce the potential for construction related flooding to occur. Thus, with the implementation of a Project specific SWPPP, construction impacts would be less than significant.

The Project would include development of pervious surfaces from building pads, driveways, roadways, parking, sidewalks, and other such Project features, which would increase the amount of impervious surfaces within the Project site. Post construction, stormwater runoff would discharge to existing drainage facilities in South Emerald Drive. However, before runoff is discharged from the site, flows from roofs and other impervious surfaces would be directed into the proposed storm drain system.
d. LESS THAN SIGNIFICANT IMPACT. According to the FEMA National Flood Hazard Layer (NFHL) Viewer, a majority of the northern portion of the Project site is located within “Zone AO” which is an area located within a special flood hazard area (FEMA 2022). This is likely a result of the project site located adjacent to the Buena Vista Creek. Areas with a Zone AO designation are areas located within a 100-year flood plain with a 1% or greater chance of shallow flooding (FEMA 2022). As previously discussed, the Project would include the installation of a proposed storm drain system which would control the velocity and amount of runoff. Furthermore, the Project is surrounded by existing development located within a special flood hazard zone that are adequately served by existing stormwater facilities.

The Project site is not at risk for seiche or tsunami from area lakes or the Pacific Ocean. In addition, the Project site is not located within a tsunami hazard zone, is approximately 4.7 miles from the Pacific Ocean and is located at an elevation of 211-236 ft. ASML (DOC 2022c). As a result, the Project site is not at risk for tsunami inundation, and impacts would not occur. 11/14/2023 PH2 55 of 261

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In addition, the Project site does not have the potential to produce mudflows due to the relatively flat and gently sloped topography of the site and surrounding area. The City’s Development Code Section 16.48 requires that developments within or near slopes apply slope stabilization measures, which include (but are not limited to): hydroseeding and use of erosion control blankets, silt fencing, fiber rolls, and gravel bags. As a result, impacts related to mudflows would not occur.
e. LESS THAN SIGNIFICANT IMPACT. Please refer to responses to thresholds a) and b) above.

Implementation of the project would not conflict with any water quality control plan nor groundwater management plan. Impacts would be less than significant.

XI. Land Use and Planning

Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
a. Physically divide an established community?
b. Cause a significant environmental impact due to a
conflict with any land use plan, policy, or regulation
adopted for the purpose of avoiding or mitigating an
environmental effect?

DISCUSSION
a. LESS THAN SIGNIFICANT IMPACT. The primarily vacant and previous disturbed 4.32-acre Project site is bound to the north by the Buena Vista Creek, and a commercial shopping center further north, existing mobile home communities to the east and west, and Sky Haven Lane to the south.

As described in Chapter 2 above, the Project involves approval of a General Plan Amendment, Zone Change, Site Development Plan, Condominium Housing Permit, and Tentative Subdivision Map, to develop 38 two-story townhomes and associated improvements The project site is located on the west side of Sunset Drive/S. Emerald Drive and is split by an existing driveway that serves the Green Valley mobile home community (Figure 2). Of the 38 proposed townhomes, 24 units would be located north of the Green Valley mobile home driveway on 3.09 acres, and 14 units would be located south of the existing driveway on 1.18 acres (Figure 3).

The northern portion of the site is currently designated as General Commercial (GC) with an associated zoning designation of C-1 (Commercial) in the Vista General Plan 2030 (City of Vista 2011). The project proposes the site be redesignated to Medium Density Residential (MD) with an associated zoning of Multifamily Residential (R-M (10)). The southern portion is currently designated Medium High Density Residential (MHD) which allows 15 dwelling units per acre (du/acre), and has an associated zoning of Multi-Family Residential (R-M (15)). The land use and zoning designation for the southern portion of the project would remain as is in proposed conditions, as the proposed 14 units on the southern portion of the site would be consistent with the current land use and zoning. The project would require a General Plan Amendment and Rezone for the northern portion of the project site, which would allow for the development of 24 residential units.
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Although development of the proposed residential land uses would be inconsistent with a portion of the existing land use and zoning designations, the project site is located in an urban part of the City within close proximity to a range of existing infrastructure and development including commercial uses, parks, residential, and schools/educational facilities. The proposed project would not incorporate new roads or require removal of roads that currently provide access to the area. Furthermore, due to the location of the project site, which is surrounded by existing roadways, no separation or disruption of surrounding uses would occur as a result of project implementation. Because the project site is surrounded on all sides by existing development, and is considered an infill site, it is determined that the proposed project would not divide an established community, and therefore this impact is considered less than significant. b. LESS THAN SIGNIFICANT IMPACT. As stated above, the northern portion of the proposed project would conflict with the current General Plan and zoning designation for the site. The northern portion of the site is currently designated as General Commercial (GC) with an associated zoning designation of C-1 (Commercial) in the Vista General Plan 2030 (City of Vista 2011). The project proposes the site be redesignated to Medium Density Residential (MD) with an associated zoning of Multifamily Residential (R-M (10)). Upon City approval of the GPA/Rezone, the proposed project would be required to comply with the allowable medium density/multi-family residential uses and development standards outlined in the City’s Development Code.

Although the proposed project would amend the land use designation, the concurrent process of amending the General Plan designation does not necessarily equate to inconsistency with the document. Project implementation would not impede the City’s ability to achieve goals and policies outlined in the General Plan. The proposed residential land for the northern portion of the project site would be consistent with the land use and zoning designation for the southern portion of the site, as well as adjacent residential land uses. Additionally, the MHD designation permits a maximum density of 15 du/acre and the MD designation permits a maximum density of

10.0 du/acre, while the project proposes a density of 8.830 du/acre.

State law requires jurisdictions to provide for their fair share of regional housing needs through income categories to accommodate the forecasted growth in the number of households. The Project would provide new housing opportunities within the City, consistent with the General Plan land use designation for the southern portion of the site, and in accordance with the goals and policy of the City’s Housing Element. The Project would not conflict with the Housing Element of the General Plan.

While approval of the Project would establish development guidelines and standards central to the construction of the Project, the Project would be consistent with several applicable minimum development standards. The Project meets and exceeds the City’s parking requirements by including 110 parking spaces. The landscaping of the Project would exceed the ten percent minimum by covering approximately 75,364 square feet of the site (not including riparian area and off-site planting). The distance and elevation of the buildings from the property line of the adjacent single-family residences (as well as the extensive landscaping of the slopes) provides ample buffers between the project and adjacent uses; and all walkway and street lighting would meet the outdoor lighting standards in Section 18.58.260 of the Development Code. 11/14/2023 PH2 57 of 261

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Although the project would require a portion of the site to need a GPA and zone change, project consistency with adjacent land uses and other City plans and policies would not result in a significant environmental impact. With approval of the requested GPA and rezone, impacts would be less than significant.

XII. Mineral Resources

Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
a. Result in the loss of availability of a known mineral resource that would be of value to the region and the
residents of the state?

b. Result in the loss of availability of a locally
important mineral resource recovery site
delineated on a local Comprehensive Plan, specific
plan or other land use plan?

DISCUSSION
a - b. NO IMPACT. The City of Vista, including the project site, is located within a Mineral Resource Zone (MRZ) 3. An MRZ-3 includes areas containing known or inferred mineral occurrences of undetermined mineral resource significance (CGS 2017). Additionally, the City’s GP 2030 Update (2011a) does not identify the project site as a locally important mineral resource recovery site.

Therefore, development of the proposed project would not result in the loss of availability of a known mineral resource, and no impacts no occur.

XIII. Noise

Would the project result in:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
a. Generation of a substantial temporary or permanent
increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable
standards of other agencies?

b. Generation of excessive groundborne vibration or
groundborne noise levels?
c. For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a
plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to
excessive noise levels?

The discussion below is based on the analysis contained within the Noise Technical Report prepared for the Project by Dudek in October 2022. The Noise Technical Report is included as Appendix G of this MND.
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DISCUSSION
a. LESS THAN SIGNIFICANT WITH MITIGATION.

Construction Impacts
Construction noise and vibration are temporary phenomena, with emission levels varying from hour to hour and day to day, depending on the equipment in use, the operations performed, and the distance between the source and receptor. Equipment that would be in use during construction would include, in part, graders, backhoes, rubber-tired dozers, loaders, cranes, forklifts, pavers, rollers, and air compressors. The typical maximum noise levels at a distance of 50 feet from various pieces of construction equipment and activities anticipated for use on the proposed project site are presented in Table 6 of Appendix G to this EIR. It should be noted that the equipment noise levels presented in Table 6 of Appendix G are maximum noise levels. Usually, construction equipment operates in alternating cycles of full power and low power, producing average noise levels over time that are less than the maximum noise level. The average sound level of construction activity also depends on the amount of time that the equipment operates and the intensity of construction activities during that time. Table 7 of Appendix G summarizes the evaluation distances to the apparent closest noise-sensitive receptor for each of the seven sequential construction phases.

A Microsoft Excel–based noise prediction model emulating and using reference data from the Federal Highway Administration Roadway Construction Noise Model (RCNM) (FHWA 2008) was used to estimate construction noise levels at the nearest occupied noise-sensitive land use. Input variables for the predictive modeling consist of the equipment type and number of each (e.g., two graders, a loader, a tractor), the duty cycle for each piece of equipment (e.g., percentage of time within a specific time period, such as an hour, when the equipment is expected to operate at full power or capacity and thus make noise at a level comparable to what is presented in Table 6 of Appendix G), and the distance from the noise-sensitive receiver. The predictive model also considers how many hours that equipment may be on site and operating (or idling) within an established work shift. Conservatively, no topographical or structural shielding was assumed in the modeling. The RCNM has default duty-cycle values for the various pieces of equipment, which were derived from an extensive study of typical construction activity patterns. Those default duty-cycle values were used for this noise analysis, which is detailed in Appendix G of this EIR, and produce the predicted results displayed in Table 8 of Appendix G.

As presented in Table 8 of Appendix G to this EIR, the estimated construction noise levels are predicted to be nearly as high as 90 dBA Leq over an 8-hour period at the nearest occupied property (as close as 15 feet away) when grading activities take place near the western project boundaries. Note that these estimated noise levels at a source-to-receiver distance of 15 feet are conservatively high, in that they presume the noted pieces of heavy equipment would each operate, on average at this distance, for a cumulative period of four hours a day. The reality of construction progress on-site would likely be different. By way of example, a grader might make multiple passes on site that are this close to a receiving occupied property; but, for the remaining time during the day, the grader may be sufficiently farther away and either performing work at a more distant location or simply not operating.
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Under the studied conditions, construction activity noise levels associated with site preparation and grading phases are expected to exceed an 8 hour Leq value of 75 dBA Leq and thereby exceed the City’s adopted daytime threshold for construction noise exposure at an occupied property.

Therefore, impacts would be considered significant prior to mitigation. The project would be required to implement mitigation measure MM-NOI-1 (outlined at the end of this MND Section XIII.

Noise) to reduce potential impacts to a less than significant level.

Although nearby occupied properties such as residential to the west would be exposed to elevated construction noise levels, the increased noise levels would typically be relatively short term. It is anticipated that construction activities associated with the proposed project would take place only within the hours of 7:00 a.m. and 7:00 p.m. Monday through Saturday, in compliance with the City’s noise ordinance.

In summary, construction noise during allowable daytime hours would have the potential to exceed the 75 dbA L eq 8-hour threshold at the adjacent property lines on occasion. Thus, temporary construction-related noise impacts would be con sidered potentially significant without implementation of MM-NOI-1 as part of the construction program. With implementation of MM -NOI-1, anticipated construction noise impact s would be reduced to a level of less than significant. Therefore, impacts are det ermined to be less than significant with mitigation incorporated.

Operational Impacts
The proposed project would result in the creation of additional vehicle trips on local arterial roadways (i.e., Melrose Drive), which could result in increased traffic noise levels at adjacent noise-sensitive land uses. According to Caltrans, a three-dBA change in sound is the beginning at which humans generally notice a barely perceptible change in sound, a five-dBA change is generally readily perceptible, and a 10-dBA increase is perceived by most people as a doubling of the existing noise level (Caltrans 2013a). Due to the existing and proposed urban setting of the project area, a readily perceptible change in noise (five dBA) would be the appropriate threshold to determine significant increases in traffic noise (Appendix G).

Potential noise effects from vehicular traffic were assessed using the Federal Highway Administration’s Traffic Noise Model version 2.5 (FHWA 2004). Information used in the model included the roadway geometry, existing, and existing plus project traffic volumes and posted traffic speeds. Noise levels were modeled at representative noise-sensitive receivers ST1 through ST4, as shown in Figure 3 of Appendix G. The receivers were modeled to be 5 feet above the local ground elevation. The noise model results are summarized in Table 9 of Appendix G. Based on results of the model, implementation of the proposed project would not result in readily perceptible increases in traffic noise. Thus, a less-than-significant impact is expected for proposed project-related off-site traffic noise increases affecting existing residences in the vicinity.

Aside from exposure to aviation traffic noise, current CEQA noise-related guidelines at the state level do not require an assessment of exterior-to-interior noise intrusion, environmental noise exposure to occupants of newly-created project residences, or environmental noise exposure to exterior non-residential uses attributed to the development of the proposed project. Nevertheless, the City’s General Plan and the California Building Code requires that interior background noise levels not exceed a CNEL of 45 dB within habitable rooms. As such, the following predictive 11/14/2023 PH2 60 of 261

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analysis of traffic noise exposure at the exteriors of occupied residences and outdoor living areas is provided herein.

Future Ambient Noise Levels at Residential Facades are outlined in Table 10 of Appendix G. The results indicate that future traffic noise levels would not exceed 62 dBA CNEL. With the 45 dBA CNEL interior background sound level limit, this means the minimum composite sound transmission class (STC) rating for the exterior shell separating the habitable interior space from the outdoor sound level should be at least 17. The composite STC rating for the portion of a building shell that separates an interior space from the outdoors is calculated from the area-dependent contributions of its elements: windows, wall assemblies, and doors.

This study assumes an exterior wall assembly includes: one layer of 5/8” gypsum wallboard (GWB) on the interior-facing side, 2”x4” wood studs, glass fiber batt insulation in the stud cavities, and a dual-layer of 5/8” GWB on the exterior-facing side. Acoustical transmission loss (TL) data is available on this representative assembly (Halliwell 1998) and is used as part of estimating the composite STC ratings reported herein. For purposes of this analysis, the dual-layer GWB on the exterior surface approximates the mass and solidity of what may be other approved material options as determined by the Project architect, such as cement fiber siding panels, brick masonry veneer, or cement plaster attached to layers of fiberglass mat sheathing and plywood sheathing.

With respect to windows, dual-pane glazing systems are commonplace in the construction of modern homes and characterized by two 1/8”-thick glass panes separated by a 3/8” wide airgap.

Viracon data indicates that such glazing should demonstrate, on its own and assuming no air leaks or gaps, an STC rating of 31 (Viracon 2019). Similarly, panels of sliding doors are typically constructed with a similar assembly so as to help maintain expected levels of thermal insulation; hence, these two would reasonably feature the same STC rating on their own (and when fully closed) as a sound-insulating element of a larger façade area to be evaluated for net STC performance. Using the above wall and window component assumptions, Table 11 in Appendix G summarizes the calculated noise levels after applying the STC ratings for a set of sample occupied room facades that are anticipated to be exposed to predicted exterior noise levels greater than 60 dBA CNEL. An open window greatly compromises the sound insulation performance of the façade wall assembly, as presented for the sample units appearing in Table 11 of Appendix G.

However, when such windows and doors are closed, all facades are anticipated to exhibit a predicted STC rating of at least 35, and thus would provide sufficient exterior-to-interior sound insulation from outdoor traffic noise to yield interior background sound levels that are less than 45 dBA CNEL and thus compliant with the City and state standards.

Finally, for purposes of this analysis, each of the new occupied residential units would be expected to feature a split-system type air-conditioning unit, with an air-cooled refrigeration (3-ton capacity) condenser unit. Assuming each condenser unit has an SPL of 68 dBA at 3 feet based on available data from a likely manufacturer (Carrier 2012), and the units would generally be installed at grade near the apparent “front porch” areas. Therefore, the closest existing noise-sensitive residential receptor to the west of the proposed project’s eastern unit would be as close as 30 horizontal feet to the nearest of these condenser units. The predicted sound emission level from the combination of all 38 operating condenser units as received by this offsite single-family home would be 45 dBA Leq and thus be compliant with the City’s nighttime threshold of 45 dBA hourly Leq. Under such conditions, the operation of residential air-conditioning units would result in a less-than-significant noise impact. No mitigation would be required to address operational noise from the project.
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b. LESS THAN SIGNIFICANT IMPACT. Construction activities may expose persons to excessive groundborne vibration or groundborne noise, causing a potentially significant impact. Caltrans has collected groundborne vibration information related to construction activities (Caltrans 2013b).

Information from Caltrans indicates that continuous vibrations with a PPV of approximately 0.2 ips is considered “annoying.” For context, heavier pieces of construction equipment, such as a bulldozer that may be expected on the project site, have peak particle velocities of approximately

0.089 ips or less at a reference distance of 25 feet (DOT 2006).

Groundborne vibration attenuates rapidly—even over short distances. And when groundborne vibration encounters a building foundation, a coupling loss occurs depending on its mass and design. For typical wood-framed houses, like those near the proposed project, this coupling loss is expected to be 5 vibration velocity decibels (VdB) according to FTA guidance (FTA 2006).

The attenuation of groundborne vibration as it propagates from source to receptor through intervening soils and rock strata can be estimated with expressions found in FTA and Caltrans guidance. By way of example, for a front-end loader operating onsite and as close as the eastern project boundary (that is 15 feet from the nearest receiving sensitive land use) the estimated groundborne vibration velocity level would be 0.15 ips as received by the residential structure, and would be compliant with the 0.3 ips PPV threshold per Caltrans guidance with respect to building damage risk.

Then, the foundation of this residential structure would, per the coupling loss, cause a reduction in the vibration as received by the building occupant. Hence, instead of the 92 VdB received at the interface of the structure foundation and the surrounding soil/strata, the occupant would experience 87 VdB (i.e., 5 VdB less) that equates to a PPV level of 0.089 ips that is less than the Caltrans guidance threshold for annoyance. Therefore, vibration-induced annoyance to occupants of nearby existing homes would be considered less than significant (Appendix G).

Once operational, the proposed project would not be expected to feature major producers of groundborne vibration. Anticipated mechanical systems like heating, ventilation, and air-conditioning units are designed and manufactured to feature rotating (fans, motors) and reciprocating (compressors) components that are well-balanced with isolated vibration within or external to the equipment casings. On this basis, vibration due to proposed project operation should be less than significant.
c. LESS THAN SIGNIFICANT. There are no private airstrips within the vicinity of the project site. The closest airport to the proposed project site is the McClellan-Palomar Airport, approximately

3.7 miles south of the site and would therefore not expose people residing or working in the project area to excessive noise levels. Impacts would be less than significant.

MITIGATION MEASURES
MM-NOI-1 Implementation of the following multi‐part mitigation measure shall be required to reduce potential construction period noise impacts:
• Administrative controls (e.g., reduce operating time of equipment and/or prohibit usage of equipment type[s] within certain distances).
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• Install noise abatement on the site boundary fencing (or within, as practical and appropriate) in the form of sound blankets or comparable temporary barriers (e.g., stacked sheets of plywood supported with framing) to occlude construction noise emission between the site (or specific equipment operation as the situation may define) and offsite noise-sensitive receptor(s) of concern.
• At the outset of a project construction activity, an unattended noise level monitor might be deployed onsite to measure and document that noise exposure levels attributed to project construction activity at adjacent offsite sensitive receptors are in conformance with the 75 dBA 8 hour Leq threshold.

XIV. Population and Housing

Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and
businesses) or indirectly (for example, through an
extension of roads or other infra-structure)?

b. Displace substantial numbers of existing people or
housing, necessitating the construction of replacement
housing elsewhere?

DISCUSSION
a. LESS THAN SIGNIFICANT IMPACT. The Project involves approval of a General Plan Amendment, Zone Change, Site Development Plan, Condominium Housing Permit, and Tentative Subdivision Map, to develop 38 two-story townhomes and associated improvements on a 4.32-acre site. As of 2020, the City’s persons per household estimate was 3.20 (SANDAG 2020). Using this household ratio, development of 38 units at the project site would generate approximately 121 people.

Although not all residents of the development would be new to the City, residential development on the project site would still result in unplanned growth for the City, as the northern portion of the site is not designated for residential land use, and thus was not accounted for in the City’s General Plan since the project site is zoned for General Commercial.

Development of the project is unlikely to directly induce further population growth in the area. This is because the area surrounding the project site is already developed. Further, because the proposed project site is in an infill area with existing roads and utilities, no indirect impacts associated with the extension or construction of roads or expansion of public utilities are expected to occur as a result of the proposed project.

Additionally, as outlined in Section III. Air Quality, as presented in the May 2021 General Plan Housing Element, the most recent Regional Housing Needs Assessment (RHNA) from SANDAG stated that Vista’s share of regional future housing needs is 2,561 new units between June 30, 2020, and April 15, 2029. As of June 30, 2020, 532 housing units have been planned or approved for development, with 2,029 units remaining needed to be developed in the City. The Project is expected to bring 38 units to market in 2025 which would be within SANDAG’s growth projection for housing during the 6th Cycle planning horizon. 11/14/2023 PH2 63 of 261

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Approval and development of the Project and the associated generation of approximately 121 residents is not expected to significantly increase population growth in the area due to the project location in an urban area of the City surrounded by existing development and infrastructure. For the reasons stated above, impacts are determined to be less than significant. b. LESS THAN SIGNIFICANT IMPACT. The Project site currently features an existing residence and additional structures within the southern portion of the project site. The existing residence is currently vacant and would be demolished during Project construction. Therefore, development of the Project would not displace any people or necessitate the construction of replacement housing.

Therefore, impacts would be less than significant.

XV. Public Services

Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
a. Result in substantial adverse physical impacts
associated with the provision of new or physically
altered governmental facilities, need for new or
physically altered governmental facilities, the
construction of which could cause significant
environmental impacts, in order to maintain
acceptable service ratios, response times, or other
performance objectives for any of the public services:

1. Fire protection?

2. Police protection?

3. Schools?

4. Parks?

5. Other public facilities?

DISCUSSION
a1 - 5. LESS THAN SIGNIFICANT IMPACT. The Project would result in less than significant impacts to fire protective services, police services, schools, roads and other public facilities. The Project involves the construction and occupancy of 38 two-story townhomes on an approximately

4.32 acre Project site in the western portion of the City. Potential impacts on each public service is discussed below.

Fire Protection Services
The Project would be constructed in accordance with all applicable fire codes set forth by the State Fire Marshall, the Vista Fire Department (VFD), and the City’s building code. Development of the Project may result in an incremental increase in the demand for emergency services; however, the size and location of the Project would not place an undue hardship on the fire department 11/14/2023 PH2 64 of 261

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since they are presently servicing the area. Fire protection services would be available from Fire Station No. 1 located at 175 North Melrose Drive approximately 1.66 miles to the east.

Prior to final Project approval, the City’s Fire Marshall would verify that the Project has been designed to conform to code, including the emergency access gate on Sunset Drive. Also, applicable development impact fees would help to ensure funding continues to be provided to the VFD. Therefore, development of the Project would not exceed the capacity of the VFD to serve the site or other areas with existing fire protection services and resources and would result in less-than-significant impacts.

Police Protective Services
The San Diego County Sheriff’s Department is contracted by the City to provide law enforcement in the City and the surrounding unincorporated areas. The San Diego County Sheriff’s Department office on S. Melrose Drive is located approximately 1.4 miles to the east at 325 S. Melrose Drive.

The Department’s services include general patrol, traffic enforcement, criminal investigation, juvenile services, communications and dispatch, and various management support services. Law enforcement services are available 24 hours a day, seven days a week, and include Community Service Officers, canine handlers, and narcotics and gang investigators.

Similar to fire services, applicable development impact fees would help to ensure funding continues to be provided to the Sheriff’s Department for necessary resources in the City. While development of the project site would place a slight increase in demand on police protection services, it is not anticipated that the project would result in the need for construction or expansion of existing police facilities to accommodate new police personnel or equipment. The project is expected to be adequately served by existing police department stations, and impacts related to police protection are determined to be less than significant.

Schools
The Vista Unified School District (VUSD) provides school facilities and services to students within the project area and City of Vista. The schools that serve the Project area include the following:
• Breeze Hill Elementary School, 1111 Melrose Way. In the 2020-21 school year, Breeze Hill had 786 students (VUSD 2022). The projected number of resident students in 2023 is 1,074 (VUSD 2020).
• Madison Middle School is located at 4930 Lake Boulevard, Oceanside CA. In the 2020-21 school year Madison had 1,044 students (VUSD 2022). The projected number of resident students in 2023 is 1,271 (VUSD 2020).
• Rancho Buena Vista High School is located at 1601 Longhorn Drive. In the 2020-2021 school year, Rancho Buena Vista had 1,987 students (VUSD 2022). The projected number of resident students in 2023 is 2,362 (VUSD 2020).

As described in the GP 2030 Update PEIR (2011b), VUSD uses the student generation factors that are listed in Table PS-1. As shown below, it is anticipated that approximately 21 total students would be generated from build out of the Project.

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Table PS-1. Students Generated by Project
Type of School Grades Served Student Generation Rates* Number of Students Generated by Project
Elementary K-5 0.2382 9
Middle 6-8 0.1200 5
High School 9-12 0.1760 7
Total K-12 21
Source: Vista GP 2030 Update PEIR, 2011
Note: * Generation rates are per the total single-family units of the Project - 38 The generation of approximately 21 students is expected to be adequately served by VUSD.

However, review of the project and a will-serve letter from VUSD would be required for the project prior to development. Additionally, it should be considered that not all students residing at the project site would be new to the City or VUSD. Students generated by the project would be subject to VUSD’s Open Enrollment School of Choice, which accepts students on a space available basis.

Of the 25 total schools within the VUSD (not including private schools), it is determined that the number of students generated by the project would be adequately served by existing facilities.

Furthermore, the project applicant would be subject to City development impact fees, as applicable, as well as applicable VUSD development impact fees. Developer fees allows school districts to impose mitigation fees on new development as a method of addressing increased enrollment. SB 50 states that the fees imposed by school districts shall constitute the exclusive method of considering and mitigating impacts on school facilities caused by a development project. Such payment shall provide “full and complete mitigation of the impacts of any legislative or adjudicative act...on the provision of adequate school facilities” (Government Code Section 65995(h)). As such, contribution of required development fees would ensure impacts to schools as a result of students generated by the project would be less than significant.

Parks
The project site is currently vacant, and an increase of approximately 121 people could result in the potential for increased use of existing neighborhood and regional parks.

Parks within two miles o f the project site include Bub Williamson Park and Breeze Hill Park.

Additional parks and trails are provided throughout the City, and throughout the region. In addition to the abundance of parks in the City and surrounding Cities of Carlsbad, Oceanside, and San Marcos, the Project proposes onsite open space which would include an outdoor play area, outdoor dining area, passive lawn with benches, fire pit, and BBQ area for residents.

Within the R-M zone, a minimum of 125 sq. ft. feet of common open space is required per bedroom. Thus, a total of 12,500 sq. ft. of common open space, and a total of 3,800 sq. ft. of private open space is required for the Project. As designed, the project would provide 23,91823,313 sf of common open space, and 10,026 sf of private open space, for a total of 33,94433,339 sf of provided open space on -site for residents.

Although the Project would potentially increase the utilization of existing parks and recreational facilities within the City; it is determined that the combination of proposed on-site recreational amenities and private open space, existing public park and recreational facilities in the project vicinity, and proposed future recreational facilities within the City would adequately serve future 11/14/2023 PH2 66 of 261

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residents of the project site. Additionally, the project developer would be responsible to pay applicable development and park impact fees. Such fees for new residential development within the City go towards facilities such as (but not limited to) parks, public facilities, and schools.

Therefore, it is determined that implementation of the Project would have a less-than-significant impact on existing park facilities.

Other Public Facilities
The Project may result in an incremental increase in the use of libraries, senior centers, and other public facilities. However, with a projected total of approximately 121 people occupying the townhomes at full build out, project development is not expected to substantially increase the demand of these services such that construction of new or expanded facilities is required.

Maintenance of public roads in the vicinity of the site (e.g., Sunset Drive and South Emerald Drive) is provided by the City. Due to the size and scope of the Project, and associated vehicular traffic and required street improvements, Project development is not anticipated to increase roadway maintenance on local roads above normal levels. As a result, less-than-significant impacts on maintenance of public facilities would occur with project implementation.

XVI. Recreation

Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
a. Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial physical
deterioration of the facility would occur or be
accelerated?

b. Does the project include recreational facilities or
require the construction or expansion of recreational
facilities, which might have an adverse physical
effect on the environment?

DISCUSSION
a. LESS THAN SIGNIFICANT IMPACT. Existing City park facilities that are located within two miles of the project site include:
• Bub Williamson Park, 530 Grapevine Lane, 0.94 miles to the north • Breeze Hill Park, 645 S. Melrose Drive, 1.45 miles to the east The Project involves the construction and occupancy of 38 two-story townhomes on a

4.34.32 acre site. When fully occupied, these townhomes are anticipated to house approximately 121 residents, assuming 3.2 persons per household (per SANDAG).

The Project design includes onsite open space which would include an outdoor play area, outdoor dining area, passive lawn with benches, fire pit, and BBQ area for residents. Within the R-M zone, a minimum of 125 sq. ft. feet of common open space is required per bedroom. Thus, a total of 12,500 sq. ft. of common open space is required for the Project. As designed, the Project would provide 23,91823,313 sq. ft. of common open space for residents. 11/14/2023 PH2 67 of 261

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A slight increase in demand on the existing public recreational resources could occur from the additional 121 residents that would be generated from the Project. However, impacts from the Project are anticipated to be minimal due to the inclusion of the open space and recreational amenities on-site, and due to the number of existing park and recreation facilities that are in the vicinity of the Project. The slight increase in demand for public recreation facilities that could occur would be spread amongst the existing facilities. Therefore, the Project would not result in a substantial increase in the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated.

Impacts would be less than significant.
b. LESS THAN SIGNIFICANT IMPACT. As described above, the Project would common open space area and community amenities within the site. A demand on existing recreational resources may be anticipated with any new residential development within the city. Although the number of residents housed by the proposed project may result in an incremental increase on existing recreational resources within the city, the impact is anticipated to be nominal given the availability of recreational amenities in the City and the region, as well as the proposed unit count and associated population generation. Therefore, the expansion of existing recreational facilities or the construction of new recreational facilities is not anticipated, and impacts would be less than significant.

XVII. Transportation/Traffic

Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
a. Conflict with a program, plan, ordinance or policy
addressing the circulation system, including transit,
roadway, bicycle and pedestrian facilities?

b. Conflict or be inconsistent with CEQA Guidelines §
15064.3, subdivision (b)?
c. Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)?

d. Result in inadequate emergency access?

The following discussion is based on the Local Transportation Assessment prepared for the Project by Linscott, Law, and Greenspan (LLG) on August 2, 2022. The Local Transportation Assessment is included as Appendix E to this MND.

DISCUSSION
a. LESS THAN SIGNIFICANT IMPACT.

The Local Transportation Assessment (Appendix E) was prepared for the project to cover existing traffic conditions, trip generation/distribution/assignment, near-term conditions, project access, and active transportation. Per the City of Vista Transportation Impact Analysis Guidelines, an LTA is required for projects generating 200 to 400 Average Daily Trips (ADT) and will analyze existing conditions and existing conditions plus the project in order to determine the project specific traffic effects within the study area. The study area intersections are calculated to operate acceptably at LOS D or better during the AM and PM peak hours under the Existing, Existing+Project, and 11/14/2023 PH2 68 of 261

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Existing + Project + Cumulative scenarios with the exception of the Emerald Drive / SR 78 WB Ramps which is calculated to operate at LOS F during the AM peak hour. Based on the City of Vista’s improvement thresholds, no substantial effects are identified as the proposed project adds less than 2 seconds of average vehicle delay. Therefore, improvements are not required under this scenario.

Traffic calming measures would be incorporated into the project design. As described in Appendix E, the 85th percentile speed exceeds the posted speed limit by approximately 10% and 23% in the northbound and southbound direction, respectively. Based on existing conditions and the speed survey data, traffic calming features such as additional signage and marking to strategically reduce vehicular sped are recommended. This includes speed feedback signs and advanced warning signs. The speed feedback sign is recommended to be mounted on the same support below the speed limit (R2-1) sign to provide proper notification to drivers traversing along Emerald Drive and Sunset Drive between Emerald Hollow Drive and Sky Haven Land to improve traffic conditions and slow traffic. The project site is currently fronting a two-lane undivided roadway that primarily serve residents. It is recommended that the project construct a two-way left-turn lane as part of its frontage improvements to allow for left turn access to each project driveway and the Green Valley Mobile Home driveway outside of the thru lanes.

Regarding pedestrian mobility, Emerald Drive / Sunset Drive currently provides contiguous sidewalks on the east side between Hacienda Drive and approximately 200 feet north of Sky Haven Lane. There is approximately 200 feet of contiguous sidewalk on the west side south of Hacienda Drive. No sidewalks are provided in the remaining portions between Hacienda Drive and Sky Haven Lane. The nearest signalized intersection is less than ¼ mile north of the Project site, at the Emerald Drive / Hacienda Drive intersection, and provides a controlled crossing location with pedestrian push buttons and crosswalks. As mentioned in Section 9.0, the recently approved Cielo Living project proposes to signalize the Sunset Drive / Sky Haven Lane intersection which would also provide a controlled crossing location. Crosswalks with pedestrian phase are provided on the east, south, and west legs of the Emerald Drive / Hacienda Drive intersection. ADA curb ramps are provided as well. Based on the City of Vista General Plan, no sidewalk improvements are planned within ½ mile of the Project site. In addition, the Cielo Living project proposes to provide crosswalks with pedestrian phases on the west and south legs of the Sunset Drive / Sky Haven Lane intersection as part of their improvements. After the start of the MND public review period, the City confirmed with the project applicant that the nearby Cielo Living Project has been stalled and may not occur within the near-term period. The near-term intersection analysis in the Local Transportation Assessment (LTA), prepared for the proposed project, assumed the Cielo Living Project proposed improvements at the Sunset Drive/Sky Haven Lane intersection. Therefore, a Transportation Assessment Addendum was prepared for the project on August 10, 2023 to conduct a transportation assessment of the Sunset Drive/Sky Haven Lane intersection under the near-term scenarios without the Cielo Living Project proposed improvements to determine if the intersection operation would remain at a no substantial effect level. As outlined in the Transportation Assessment Addendum (Appendix J to the Final MND), based on the City of Vista’s improvement thresholds, no significant impacts are identified as a result of project implementation without the Cielo Living Project roadway improvements. The proposed project would add less than 2 seconds of average vehicle delay during the AM peak hour, where it is calculated to operate at LOS E. The project would add only five (5) AM and seven (7) PM peak hour trips to the Sunset Drive/Sky Haven intersection, which is determined to be within the day to day fluctuation in traffic. Therefore, it was determined that no 11/14/2023 PH2 69 of 261

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further improvements are required by the project. However, as outlined in the MND, the project would still construct a sidewalk, curb and gutter along the project frontage; as well as a two-way left-turn lane as part of its frontage improvements to allow for left turn access to each project driveway and the Green Valley Mobile Home driveway outside of the thru lanes.

A bicycle network inventory was conducted for the study area. A Class II bike lane is provided along Hacienda Drive east of Emerald Drive within the study area. A Class III bike route with sharrows are provided along Hacienda Drive west of Emerald Drive. There are currently no bike lanes or bike routes provided on Emerald Drive, Sunset Drive and Sky Haven Lane within the study area. Based on the City of Vista General Plan, a Class III Bicycle Route is planned to be constructed along Hacienda Drive north of the Project site.

The nearest bus stops (one northbound and one southbound on Sunset Drive) are located near the Project site. There is also a bus stop on Emerald Drive, south of Hacienda Drive. These stops are served by NCTD bus route 323 which runs from Marron Road and Quarry Creek Center to Oceanside Boulevard and Avenida Del Oro. NCTD bus route 323 runs along Lake Boulevard, Sky Haven Lane, Sunset Drive, Emerald Drive, Oceanside Boulevard, Rancho Del Oro, Mesa Drive, Old Grove Road, and Avenida Del Oro. Weekday service begins at 5:45 AM with 30-minute headways and ends at 5:44 PM. Route 323 is not operational on the weekends.

As described in detail in Appendix E to this MND, the project is calculated to generate approximately 304 ADT. Therefore, based on the VMT recommendations per the City’s TIA Guidelines for projects inconsistent with the Adopted General Plan, a VMT analysis would not be required as the project would generate less than 500 ADT and VMT impacts is presumed less than significant.

Implementation of the project would not conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities. The project would implement traffic calming measures and include circulation and frontage improvements in the immediate vicinity as part of its design. For the reasons stated above and in Appendix E to this MND, impacts are determined to be less than significant. b. LESS THAN SIGNIFICANT IMPACT. An assessment was conducted to determine the impacts on Vehicle Miles Traveled (VMT) for the project. This assessment utilizes methodologies presented within the Governor’s Office of Planning and Research (OPR) Technical Advisory developed to assist with implementation of Senate Bill 743 (SB 743), which resulted in a shift in the measure of effectiveness for determining transportation impacts from Level of Service (LOS) and vehicular delay to VMT. VMT analyses are required in all California Environmental Quality Act (CEQA) documents as of July 1, 2020.

As outlined in the LTA (Appendix E), per the City of Vista Transportation Impact Analysis Guidelines (dated December 2020), a VMT analysis for CEQA purposes will be required if a project equals to or exceeds 1,000 average daily trips (ADT) and is consistent with the adopted General Plan. If a project is inconsistent with the adopted General Plan, a VMT analysis would be required if the project is 500 or more ADT. The project is calculated to generate approximately 304 ADT.

Therefore, based on the VMT recommendations per the City’s TIA Guidelines for projects inconsistent with the Adopted General Plan, a VMT analysis would not be required as the project would generate less than 500 ADT and VMT impacts is presumed less than significant. 11/14/2023 PH2 70 of 261

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c. LESS THAN SIGNIFICANT IMPACT. The Project includes solely residential uses and does not include any incompatible uses. Access for the Project would be provided via driveways on South Emerald Drive and Sunset Drive. Three driveways would be constructed. One full access driveway would be located on South Emerald Driveway to provide access to the northern portion of the Project site, and two driveways would be located on Sunset Drive to provide access to the southern portion of the Project site (the southernmost access point would be for emergency access only). The Project would construct a two-way left-turn lane as part of its frontage improvements to allow for turn access to each Project driveway. Onsite circulation would consist of a two-lane (one lane per direction) private roads through both the northern and southern portions of the Project site. Additionally, as described in detail in Appendix E, the project would incorporate traffic calming measures, including traffic calming signage and marking to reduce vehicular speed that may be associated with the project. The Project would not result in any hazards related to designs features and impacts would be less than significant. d. LESS THAN SIGNIFICANT IMPACT. Access for the Project would be located along South Emerald Boulevard and Sunset Drive. Two full access driveways and one emergency vehicle only driveway would be constructed. One full access driveway would serve the northern portion of the Project site. The northernmost driveway of the southern portion of the Project site would provide full access while the southernmost driveway would provide access to emergency vehicles only (Figure 3). The Project has been designed to incorporate all required Vista Fire Department standards to ensure that its implementation would not result in hazardous design features, or inadequate emergency access to the site or areas surrounding the site. Meeting these standards would be verified upon plan check, prior to receipt of building permits. Therefore, impacts related to inadequate emergency access would be less than significant. 11/14/2023 PH2 71 of 261

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XVIII. Tribal Cultural Resources

Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
a. Would the project cause a substantial adverse
change in the significance of a tribal cultural
resource, defined in Public Resources Code § 21074
as either a site, feature, place, cultural landscape
that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with
cultural value to a California Native American tribe,
and that is:
i) Listed or eligible for listing in the California
Register of Historical Resources, or in a local
register of historical resources as defined in
Public Resources Code section 5020.1(k), or;

ii) A resource determined by the lead agency, in its
discretion and supported by substantial evidence,
to be significant pursuant to criteria set forth in
subdivision (c) of Public Resources Code §
5024.1. In applying the criteria set forth in
subdivision (c) of Public Resource Code § 5024.1,
the lead agency shall consider the significance of
the resource to a California Native American tribe

DISCUSSION
a-i) – a-ii). LESS THAN SIGNIFICANT WITH MITIGATION. As described in Section V. above, Dudek conducted a records search for the proposed project including a surrounding one-mile radius buffer at the South Coastal Information Center (SCIC). The records search did not identify any cultural resources within the Project area; however, a Native American Heritage Commission (NAHC) Sacred Lands File (SLF) search was requested, and results were positive. The SCIC records search and the pedestrian survey did not identify cultural resources within the Project area, however, there are three historic age structures located in the eastern section of the Project area.

The structures are considered as built environment resources. Due to the presence of three historic age structures in the Project area, it is recommended that a Built Environment Report is prepared for the Project to evaluate the structures for eligibility for inclusion on the California Register of Historical Resources (CRHR) and National Register of Historic Places (NRHP). The review of aerial photographs also reveals that a majority of the Project area has been disturbed by agricultural activities. However, due to the presence of historic age structures in the eastern section of the Project area, there is moderate potential for subsurface resources. Cultural resources monitoring with a qualified archaeologist and Luiseño Native American monitor during construction is recommended within the eastern section of the Project area.

Dudek requested a Native American Heritage Commission (NAHC) search of the Sacred Lands File (SLF) on May 11, 2022, for the Project area. The SLF consists of a database of known Native American resources. These resources may not be included in the SCIC database. The NAHC replied on June 13, 2022, with positive results, however, the response does not state if Tribal Cultural Resources (TCRs) are located within the Project area or the search buffer (Appendix C). 11/14/2023 PH2 72 of 261

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The NAHC additionally provided a list of Native American tribes and individuals/organizations with traditional geographic associations that might have knowledge of cultural resources in this area.

Outreach letters were mailed on June 15, 2022, to all Native American group representatives included on the NAHC contact list (Appendix C). These letters attempted to solicit additional information relating to Native American resources that may be impacted by the Project.

Native American representatives were requested to define a general area where known resource intersect the Project area. Three responses have been received to date. The Pechanga Band of Indians responded in a letter on June 29, 2022, stating that the Project area is located within their Ancestral Territory, its placement within an expansive Ancestral Village, its nearness to a second Luiseño Placename, and its adjacency to Buena Vista Creek. The Rincon Band of Luiseño Indians responded on July 15, 2022, stating that the Project may impact tangible Tribal Cultural Resources (TCRs), Traditional Cultural Landscapes (TCLs), and potential Traditional Cultural Properties (TCPs) and recommends conducting an archaeological/cultural resources study. The San Pasqual Band of Mission Indians responded on August 18, 2022, stating that the Project is not within the boundaries of their reservation, but is within the boundaries of their Traditional Use Area.

California Native American tribes traditionally and culturally affiliated with the Project area requested consultation pursuant to CEQA Statute § 21080.3.1 (i.e., Assembly Bill 52). In compliance with Assembly Bill 52 (AB 52) and Senate Bill 18 (SB 18), the City, as lead agency, is responsible for conducting government to government consultation with pertinent tribal entities.

Per the AB 52 and SB 18 notifications, the City held consultation with Rincon Band of Luiseño Indians on March 22, 2023; San Luis Rey Band of Mission Indians on April 6, 2023; and San Pasqual Band of Mission Indians on June 12, 2023. The project would implement the City’s Cultural Resources mitigation measures as outlined under MM-CR-1 through MM-CR-6 in Section V. above.

While the Project site has been previously disturbed, and no resources were identified on-site, it is possible that ground-disturbing activities associated with construction of the Project may uncover unknown buried subsurface archaeological or tribal cultural resources (i.e., inadvertent discovery).

In the event that subsurface archaeological or tribal cultural resources are encountered during construction, such resources could potentially be damaged or destroyed, resulting in a significant impact. As such, the Project would implement Mitigation Measures MM-CR-1 through MM-CR-6 outlined in Section V. above, to reduce potential impacts to unknown archaeological resources.

Therefore, impacts would be less than significant with mitigation incorporated. 11/14/2023 PH2 73 of 261

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XIX. Utilities and Service Systems

Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
a. Require or result in the relocation or construction of new or expanded water, wastewater treatment or
storm water drainage, electric power, natural gas, or
telecommunications facilities, the construction or
relocation of which could cause significant
environmental effects?

b. Have sufficient water supplies available to serve the project and reasonably foreseeable future development
during normal, dry and multiple dry years?

c. Result in a determination by the waste water
treatment provider, which serves or may serve the
project that it has adequate capacity to serve the
project’s projected demand in addition to the
provider’s existing commitments?

d. Generate solid waste in excess of state or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the attainment of
solid waste reduction goals?

e. Comply with federal, state, and local management
and reduction statutes and regulations related to
solid waste?

DISCUSSION
a. LESS THAN SIGNIFICANT IMPACT.

Water - Development of the Project site, which is currently vacant, would increase the demand for potable water that is needed to serve the proposed 38 townhomes. Water service for the Project would be provided by the Vista Irrigation District (VID) with a connection to existing mains. The District is a member agency of the San Diego County Water Authority (SDCWA). VID imports approximately 70 percent of its potable water supply from SDCWA, who in turn buys it from the Metropolitan Water District of Southern California (MWD). The remaining 30 percent of VID’s supply is from Lake Henshaw, which is fed through precipitation from the San Luis Rey watershed.

The average daily demand of potable water for the Project would be approximately 15,841 gpd.

Water facilities within the area surrounding the project adequately serve existing development. the proposed project’s water demand would not require additional improvements to the existing water system. The project would connect to available existing water utilities with on-site systems to serve the project. The proposed connections to existing water facilities would be designed and constructed in accordance with the guidelines, standards, and approved materials of the City of Vista. No relocation or construction of new or expanded water facilities would be required to provide adequate service to the project (Appendix F). Therefore, impacts related to water demand and service would be less than significant.
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Wastewater - The City of Vista operates and maintains both its own sanitary collection system and the Buena Sanitation District’s sanitary collection system. Each sewer collection system is a distinct legal entity and both convey sewage for treatment at the Encina Wastewater Authority (EWA). Both are gravity systems, although there are four lift stations shared between the City of Vista and the Buena Sanitation District, including: Raceway Pump Station located at 2685 South Melrose Drive; Buena Creek Pump Station located at 2080 South Melrose Drive; Buena Vista Pump Station located at Buena Vista Lagoon at 2140 Jefferson Street, Carlsbad; and Agua Hedionda Pump Station located at Agua Hedionda Lagoon northeast of SDG&E power plant 4698 Carlsbad Boulevard, Carlsbad.

All lift stations are operated by the Encina Wastewater Agency under various MOUs and agreements and are covered under the EWA SSMP. The Buena Vista and Agua Hedionda Pump Stations are under shared ownership with the City of Vista and the City of Carlsbad; the City of Vista is the majority owner of both pump stations. The City of Vista’s sanitary collection system consists of approximately 215 miles of public pipelines, serving approximately 16,000 parcels, and conveys an annual average flow of 5.3 million gallons per day (City of Vista 2009).

Based on the City’s Sewer Master Plan Update (January 2008), the Project would be expected to generate approximately 11,39211,288 gallons per day (gpd) (4.32 acres x 2,625 gpd per acre) of wastewater. The Project’s private sewer lines would connect with the City’s existing sewer mains within South Emerald Drive. The Vista system has an average flow of 4.59 million gallons per day (mgd) (City and BSD 2017).4 Wastewater from the Project would be treated by the Encina Water Pollution Control Facility. Wastewater generation from the Project would not exceed the capacity of the Encina facility to treat it. Therefore, the Project’s contribution of wastewater would not require new water/wastewater facilities to be built or existing facilities to expand; therefore, impacts would be less than significant.

Stormwater - As described in the Hydrology and Water Quality section of this document, the Project would include development of pervious surfaces from building pads, driveways, roadways, parking, pathways, and other such Project features. The Project would be developed to include stormwater drainage that would outlet to existing drainage facilities. The proposed drainage would provide pollutant control and hydromodification management flow control that would mitigate for the flow increases associated with project implementation. The use of the proposed drainage on-site would control the velocity and amount of runoff to ensure that runoff does not exceed pre-development conditions. Implementation of the Project would not require or result in the construction of new stormwater drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects, and impacts would be less than significant.

Please refer to Section VI for an analysis on electric power, natural gas, and telecommuni cations facilities.
b. LESS THAN SIGNIFICANT IMPACT. As described above, water service for the Project would be provided by the Vista Irrigation District (VID) with a connection to existing mains. VID imports approximately 70 percent of its potable water supply from SDCWA, who in turn buys it from MWD.

The remaining 30 percent of VID’s supply is from Lake Henshaw, which is fed through

4 The combined average measured flow total for Vista Sanitation District and Buena Sanitation District in 2015 was

6.87 mgd (City and BSD, 2017).
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precipitation from the San Luis Rey watershed. The average daily demand of potable water for the Project would be approximately 15,76815,695 gpd (4.32 acres x 3,650 gpd per acre).5 According to VID’s 2020 Urban Water Management Plan (VID’s UWMP), VID will use local water resources whenever possible; however, if there is a shortfall they would rely on SDCWA supplies.

In the analysis of a normal water supply year, as described in VID’s 2020 UWMP, SDCWA, MWD, and VID supplies were developed as planned and SBX 7-7 conservation targets were achieved.

Thus, no shortages are anticipated within VID’s service area in a normal through 2045. That would mean that the District’s entire projected potable water supply would meet the entire projected SBX 7-7 water demand of 21,728 Acre Feet in 2045. In the analysis of a single-dry year through 2045, VID’s 2020 UWMP, findings indicated that if SDCWA, MWD and VID supplies are developed as planned and SBX 7-7 conservation targets are achieved, no shortages are anticipated within VID’s service area. However, for multiple-dry year reliability analyses, the conservative planning assumption used in VID’s 2020 UWMP expects that MWD would be allocating supplies to its member agencies. As a result, some level of shortage could be potentially experienced. As stated above, when shortages occur in VID’s resources, the SDCWA would use various measures to cover the shortfall.

On the local level, additional water conservation for new developments in Vista would be achieved through compliance with the Water Efficient Landscaping Ordinance in the City’s Development Code, Chapter 18.56. An Estimated Total Water Use Worksheet for the Project would be required to be submitted in the application for a Grading Permit, which would have to be under the Maximum Applied Water Allowance. Accordingly, staff review of the worksheet would require the Project to be in compliance with the Vista Water Efficient Landscaping Ordinance.

The existing public water system would provide the necessary flow and pressure for the proposed project and for fire flow available to the project site. Considering the capacity of the City’s existing facilities, water demand generated by project implementation is expected to be adequately served. It has been determined that sufficient water supply would be available to serve the project during normal, dry, and multiple dry years, and therefore, impacts related to water supply are considered to be less than significant.
c. LESS THAN SIGNIFICANT IMPACT. As described above, wastewater is collected and treated by the City’s Wastewater Maintenance Division of the Public Works Department, who is responsible for the maintenance of sewer mains and manholes within the City’s sewer system and the Buena Sanitation District. The Buena Sanitation District, which is an entity of the City, owns and operates 101 miles of sewer collection pipelines and one large capacity pump station. Both collection systems convey sewage to the Encina Water Pollution Control Facility (EWPCF) in the city of Carlsbad for treatment. The City of Vista and Buena Sanitation District are required by the State Water Resources Control Board Order No. 2006-003 to manage, operate, and maintain the sanitary sewer system in a manner that prevents a sanitary sewer overflow which can endanger public health and safety. Major components of the Order require the City and Buena to have a Sewer System Management Plan (SSMP), Rehabilitation and Replacement (R&R), and Capacity Assurance Plans.

5 Based on the unit demand factor of 3,650 gpd/acre for multi-family residential development (Appendix F, Water Supply Study).
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As previously discussed above, the Project would be expected to generate approximately 11,209 gpd of wastewater. The VSD system has an average sewage flow of 4.59 mgd, which is part of the total 36 mgd wastewater treated at the Encina Wastewater Authority’s facility. The District, through its Sewer Master Plan Update prepared in collaboration with the Buena Sanitation District, is restoring and upgrading the capacity and condition of the existing sanitary sewer conveyance system over a 20-year period. The additional wastewater contribution from the Project would be considered negligible in relation to the current or future treatment capacities at the Encina Facility and the conveyance capacity of District’s system.

The sanitation district and wastewater treatment facility operate in accordance with applicable wastewater treatment requirements of the San Diego Regional Water Quality Control Board, and the Project’s wastewater system has been designed to comply with these treatment requirements.

For the reasons stated above, wastewater generated by the proposed project would be adequately served by existing wastewater infrastructure in the City, and impacts are determined to be less than significant.
d. LESS THAN SIGNIFICANT IMPACT. Solid waste collection and disposal is provided by the City through EDCO, a family owned and locally operated waste collection and recycling company. Solid waste generated by the Project would either be hauled to Sycamore Landfill in San Diego, which has a permitted capacity of 5,000 tons per day (tpd) or disposed of at the Palomar Waste Transfer Station in Carlsbad, which has a permitted daily capacity of 2,250 tpd (CalRecycle 2022). Either of these solid waste facilities would be able to accommodate the solid waste generated by the Project. The solid waste generated during construction would primarily consist of discarded materials and packaging generated by the construction process. The proposed project would adhere to California Green Building Standards Code (CALGreen) Section 5.408.1, which requires a minimum of 65% of non-hazardous construction waste to be recycled or salvaged for reuse.

Operation of the proposed project would result in ongoing solid waste generation at the site. The proposed project includes 38 townhomes, which would have the potential to house approximately 121 people. The anticipated operational solid waste generation from the proposed project was estimated using CalRecycle’s Estimated Solid Waste Generation Rates (CalRecycle 2019). It is estimated that the project (38 units) would generate approximately 465 pounds of solid waste per day (12.23 pounds per household). This does not consider any waste diversion through recycling.

The project would be required to comply with applicable state and local regulations related to solid waste, waste diversion and recycling at the time of development. Sycamore Landfill or Palomar Waste Transfer Station’s daily throughput and estimated remaining capacity is expected to sufficiently serve the proposed project’s estimated daily waste. Additionally, the project would participate in the City’s recycling programs, which would further reduce solid waste sent to servicing landfills. For these reasons, it is determined that the project would result in less than significant impacts related to solid waste.
e. LESS THAN SIGNIFICANT IMPACT. As previously stated, implementation of the Project would not generate solid waste in excess of the capacity of local infrastructure. The project would comply with applicable City requirements related to solid waste and recycling disposal. The project would also comply with California AB 341 directing mandatory recycling for all business generating four or more cubic yards of waste and multi-family projects with five or more units. Additionally, the project would comply with California AB 1826 which requires public entities and multi-family projects to recycle organic waste. The proposed project commercial and residential areas would comply with the state and City regulations, providing enclosures with adequate space for 11/14/2023 PH2 77 of 261

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collection, storage, and separation of all recyclable materials in full compliance with City standards. The proposed project would comply with federal, state, and local management and reduction statutes and regulations related to solid waste and project impacts related to solid waste would be less than significant.

XX. Wildfire

Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
a. Substantially impair an adopted emergency response
plan or emergency evacuation plan?
b. Due to slope, prevailing winds, and other factors,
exacerbate wildfire risks, and thereby expose project
occupants to pollutant concentrations from a wildfire
or the uncontrolled spread of a wildfire?

c. Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency
water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?

d. Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff, post-fire slope
instability, or drainage changes?

DISCUSSION
a. LESS THAN SIGNIFICANT IMPACT. The Project site is located within a Local Responsibility Area (LRA) and is not located within a very High Fire Hazard Severity Zone (VHFHSZ) (CAL FIRE 20 22).

The project would not conflict with the regional or city emergency response plans, and the project site would have adequate emergency access. Final site plans for the project would be subject to review by the Vista Fire Department, prior to project development. The Project would provide one access point specifically for emergency responders at the southeast corner of the project site from Sunset Drive. The Project would not require the full closure of any public or private streets or roadways during construction or operations and would not impede access of emergency vehicles to the project site or any surrounding areas. Further, the project would provide all required emergency access in accordance with the requirements of the Vista Fire Department. The Project would not substantially impair an adopted emergency response plan or emergency evacuation plan and, therefore, impacts are determined to be less than significant. b. LESS THAN SIGNIFICANT IMPACT . The project site is relatively flat and located in an urban and developed area of the City and is not located within or a djacent to a VHFHSZ. Due to existing development in the vicinity, the area surrounding the project site is relatively flat and does not feature factors that would exacerbate wildfire risks. The preliminary site plans and emergency access for the Project is subject to review and approval by City Fire, and is required to be in compliance with the Fire Code. It has been determined that the project would not exacerbate wildfire risks, exposing occupants to pollutants, and therefore, impacts would be less than significant.
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c. LESS THAN SIGNIFICANT IMPACT. The project would require the installation of water sources and other underground utilities typical of a new residential development. The project would not require installation of new roads, emergency water sources, power lines, or any overhead utility lines. Due to the project location surrounded by existing development and roads, fuel breaks are not required.

Project development and associated on-site infrastructure would not substantially exacerbate fire risks. As described previously, the project is not located within or adjacent to a VHFHSZ. The project would not require the installation or maintenance of such infrastructure which would exacerbate fire risk, and therefore, impacts are determined to be less than significant. d. LESS THAN SIGNIFICANT IMPACT. As previously discussed, the project is not located in a VHFHSZ and risk of wildfire is considered low. Due to the project site location and topography, the project would not be subject to downhill flooding or landslides resulting from a fire in the project area. The project would not expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes. Therefore, impacts are determined to be less than significant.

XXI. Mandatory Findings of Significance

Would the project:

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Less than
Significant
Impact
No
Impact
a. Does the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining
levels, threaten to eliminate plant or wildlife
community, reduce the number or restrict the range
of rare or endangered plant or wildlife or eliminate
important examples of the major periods of California
history or prehistory?

b. Does the project have impacts that are individually
limited, but cumulatively considerable (“Cumulatively
considerable” means that the incremental effects of
a project are considerable when viewed in
connection with the effects of past projects, the
effects of other current projects, and the effects of
probable future projects)?

c. Does the project have environmental effects, which
will cause substantial adverse effects on human
beings, either directly or indirectly?

DISCUSSION
a. LESS THAN SIGNIFICANT WITH MITIGATION. As described in Section IV above, no special-status plant or wildlife species occur on-site. However, implementation of the proposed project would potentially result in impacts to 0.39-acre of sensitive upland vegetation (Diegan coastal sage scrub), and 0.91-acre of sensitive wetlands/riparian habitat (Southern arroyo willow riparian forest), which are designated as MHCP Group C, and Group A, respectively. Project implementation of mitigation measures MM-BIO-1 and MM-BIO-2, and implementation of the proposed block wall and landscaping would reduce direct impacts to these sensitive vegetation communities. Therefore, impacts to biological resources would be less than significant with mitigation. 11/14/2023 PH2 79 of 261

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As discussed in Section V. Cultural Resources it is possible that ground-disturbing activities associated with construction of the Project may uncover unknown buried subsurface archaeological or tribal cultural resources. In the event that these subsurface resources are encountered during construction, such resources could potentially be damaged or destroyed, resulting in a significant impact. However, with implementation of Mitigation Measures MM-CR-1 through MM-CR-6, the Project’s potential to eliminate important examples of major periods of California history or prehistory would be reduced to a level of less-than-significant. b. LESS THAN SIGNIFICANT IMPACT. Implementation of the proposed project, when combined with other approved and proposed projects in the City and outlying areas, could potentially contribute to cumulative degradation of the environment as a result of potential impacts related to air quality, cultural resources, geology and soils (including paleontological resources), greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use, noise, population and housing, public services, transportation, tribal cultural resources, and utilities and services systems. However, all resource topics associated with the Project have been analyzed in accordance with CEQA and the State CEQA Guidelines and were found to pose no impacts, less-than-significant impacts, or less than significant impacts with mitigation. Cumulative projects would be required to complete applicable technical studies and CEQA documentation to address associated impacts and mitigate as required.
c. LESS THAN SIGNIFICANT IMPACT. The Project proposes the construction and occupancy of 38 townhomes on a previously disturbed 4.32-acre site. Implementation of the proposed project could result in environmental effects which could cause substantial adverse effects on human beings, either directly or indirectly, as a result of project impacts related to air quality, greenhouse gas emissions, water quality and noise. However, as analyzed throughout Chapter 4 of this MND, project impacts were determined to result in no impacts, less-than-significant impacts, or less than significant impacts with mitigation. Project design features (PDFs) and mitigation measures will be implemented to ensure potential impacts are reduced to less than significant levels.

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City of Vista Chapter 5 – References and List of Preparers Sunset Drive Townhomes Project – P22-0182 5-1 September 2023 Mitigated Negative Declaration/Initial Study Checklist
Chapter 5

REFERENCES

AND LIST OF PREPARERS
Individuals and Organizations Consulted
Chris Winters, Senior Planner, Community Development Department, City of Vista Vanessa Scheidel, Environmental Planner, Dudek
David Larocca, Air Quality Specialist, Dudek
Keshia Montifolca, Archaeologist, Dudek
Connor Burke, Acoustician, Dudek
Patricia Schuyler, Biologist, Dudek
Robert Scholl, P.E, Vista Irrigation District
Renald Espiritu, Transportation Engineer, Linscott Law & Greenspan Engineers References
Cal Fire. 2022. Very High Fire Hazard Severity Zones in LRA. https://osfm.fire.ca.gov/media/5973/vista.pdf .

CalRecycle. 2022. SWIS Facility/Site Activity Details. Accessed July 2022. https://www2.calrecycle.ca.gov/ SolidWaste/Site/Search.

Caltrans (California Department of Transportation). 2013a. Technical Noise Supplement to the Traffic Noise Analysis Protocol. September.

Caltrans. 2013b. Transportation and Construction Vibration Guidance Manual. Division of Environmental Analysis, Environmental Engineering, Hazardous Waste, Air, Noise, Paleontology Office. Sacramento, California. September 2013.

Caltrans. 2022. California Scenic Highway System Map. Accessed July 2022. https://dot.ca.gov/programs/ design/lap-landscape-architecture-and-community-livability/lap-liv-i-scenic-highways CARB (California Air Resources Board). 2014. First Update to the Climate Change Scoping Plan: Building on the Framework. May 2014. Accessed July 2019. https://www.arb.ca.gov/cc/scopingplan/ 2013_update/first_update_climate_change_scoping_plan.pdf.

City of Vista. 2009. City of Vista and Buena Sanitation District Sewer System Management Plan. https://www.cityofvista.com/home/showdocument?id=6695 .

City of Vista. 2011. Vista General Plan 2030 Update (a) and Program EIR (b). Available online, https://www.cityofvista.com/departments/community-development/permits-forms/ vista-general-plan-2030.
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City of Vista Chapter 5 – References and List of Preparers Sunset Drive Townhomes Project – P22-0182 5-2 September 2023 Mitigated Negative Declaration/Initial Study Checklist
City of Vista and Buena Sanitation District. 2017. Sewer Master Plan 2017 Update: City of Vista Comprehensive Sewer Management Plan. https://www.cityofvista.com/home/showpublisheddocument/ 13765/636474734452070000
County of San Diego. 2007. Guidelines for Determining Significance and Report Format Content Requirements:

Air Quality. March 19. Accessed November 2019. http://www.sandiegocounty.gov/content/ dam/sdc/pds/ProjectPlanning/docs/AQ-Guidelines.pdf.

DOC (Department of Conservation). 2017. California Williamson Act Map. http://www.sjgov.org/commdev/ cgi-bin/cdyn.exe/file/Planning/EIR%20Schulte%20Road%20Logistics%20Center%20Draft/CDOC%202 016_State%20of%20CA%20Williamson%20Act%20Map.pdf
DOC. 2022a. California Important Farmland Finder. Accessed July 2022. https://maps.conservation.ca.gov/dlrp/ciff/ .

DOC. 2022b. Earthquake Zones of Required Investigation. Accessed July 2022. https://maps.conservation.ca.gov/cgs/EQZApp/app/ .

DOC. 2022c.California Tsunami Maps and Data. Accessed July 2022. https://www.conservation.ca.gov/ cgs/tsunami/maps.

DOT (U.S. Department of Transportation). 2006. FHWA Roadway Construction Noise Model: User’s Guide. Final Report. FHWA-HEP-06-015. DOT-VNTSC-FHWA-06-02. Cambridge, Massachusetts: DOT, Research and Innovative Technology Administration. August 2006.

DTSC (Department of Toxic Substances Control). 2022. EnviroStor. Accessed July 2022. https://www.envirostor.dtsc.ca.gov/public/map/?myaddress=Search FEMA (Federal Emergency Management Agency). 2022. National Flood Hazard Layer Map. Accessed July 2022. https://hazards-fema.maps.arcgis.com/apps/webappviewer/index.html FTA (Federal Transit Administration). 2006. Transit Noise and Vibration Impact Assessment. Final Report.

FTA-VA-90-1003-06. May 2006.

SWRCB (Storm Water Resources Control Board). 2022. GeoTracker. Accessed July 2022. https://geotracker.waterboards.ca.gov/map/?CMD=runreport&myaddress=Search+GeoTracker .

VID (Vista Irrigation District). 2020. 2020 Urban Water Management Plan. https://www.vidwater.org/files/beb86699a/VID+2020+UWMP.pdf .

VUSD (Vista Unified School District). 2020. Seven Year Student Population Projections by Residence. https://cdn5-ss19.sharpschool.com/UserFiles/Servers/Server_3644895/File/ Vista%20USD%20SY%202019%20Report.pdf.

VUSD. 2022. School Accountability Report Cards (SARCs). https://www.vistausd.org/our_schools . 11/14/2023 PH2 82 of 261

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Project Location
Sunset Drive Townhomes
SOURCE: SANGIS 2020, 2022
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FIGURE 1
Chula Vista
Solana Beach
Encinitas
San Diego
Carlsbad
Oceanside
La Mesa El Cajon
Santee
Poway
San Marcos
Escondido
Vista
Imperial
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8 Project Site
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SLEEPY HOL L O W W A Y

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SOURCE: SANGIS 2020, 2022
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FIGURE 2
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Sunset Drive Townhomes Project – P22-0182 September 2023 Mitigated Negative Declaration/Initial Study Checklist

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SITE PLAN KEYNOTES:

PROPERTY LINE
DRIVE ASILE 26'-0" WIDE
STD. OPEN PARKING STALL - 9' X 19' TYP.
(16.5' PAVED W/ 2.5' PLANTER OVERHANG)
PARALLEL PARKING STALL - 9' X 23' (TYP.)

ACCESSIBLE PARKING STALL -
9' X 18' WITH 5' STRIPING (STAND.)

ACCESSIBLE PARKING STALL -
9' X 18' WITH 5' STRIPING (VAN)
2-STORY TOWNHOME BLDG. TYP.

RECREATION AREA W/ 30' X 30' MIN. DIM.

TOT LOT

COMMUNITY MAILBOX LOCATION

PRIVATE PATIO

BLOCK WALL PER LANDSCAPE PLANS

TUBE STEEL FENCE PER LANDSCAPE PLANS

ENTRY MONUMENT

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EMERGENCY ACCESS GATE

WATER QUALITY AREA

NATURAL OPEN SPACE TO REMAIN

SDGE OVERHEAD GUY WIRE
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 5V
16 17
PROJECT SUMMARY:

PRODUCT TYPE 2 STORY TOWNHOMES
W/ 2 CAR ATTACHED GARAGES
PROPOSED UNITS 38 UNITS (10 TOTAL BUILDINGS)
A.P.N. 166-450-39-00,
166-450-40-00,
166-751-44-00
SITE AREA 4.32 ACRES (188,326 SF)
PROPOSED DENSITY 8.80 DU/ACRE (38 DU / 4.32 AC)

CURRENT LAND USE MHD & GC (MEDIUM HIGH DENSITY

RESIDENTIAL & GENERAL COMMERCIAL)
PROPOSED LAND USE: MHD & MD (MEDIUM HIGH & MEDIUM

DENSITY RESIDENTIAL)
CURRENT ZONING R-M (15) & C-1
PROPOSED ZONING: R-M (15) & R-M (10)

MULTIFAMILY RESIDENTIAL

PRODUCT SUMMARY
14 PLAN 1 1,440 SF 2 BDRM
12 PLAN 2 1,540 SF 3 BDRM
8 PLAN 3 1,710 SF 3 BDRM
4 PLAN 4 1,780 SF 3 BDRM
10% GROUND FLOOR ADAPTABLE AT MULTI-STORY DWELLING UNITS REQUIRED PER CBC 1102A.3.1 (38 DU X 10% = 3.8 OR 4 UNITS) ADAPTABLE UNITS (13, 22, 25, 34)
OCCUPANCY: CRC R3/U TOWNHOMES
CONSTRUCTION TYPE: TYPE VB
SPRINKLERS NFPA 13D

PARKING SUMMARY
2 BDRM @ 2.5 ST/U X 14 = 35 STALLS
3&4 BDRM @ 3.0 ST/U X 24 = 72 STALLS
TOTAL PARKING REQUIRED 107 STALLS
76 GARAGE STALLS
34 GUEST STALLS
110 STALLS PROVIDED

2.89 ST/UNIT
ACCESSIBLE PARKING:
34 UNASSIGNED STALLS X 5% = 2 REQ'D
EV PARKING:

REQUIRED = 1 PER DWELLING = 38 EV GARAGES
PROVIDE RACEWAY W/ DEDICATED 208/240-VOLT BRANCH

CIRCUIT AT ALL PRIVATE ATTACHED TOWNHOME GARAGES
W/ RACEWAY TRADE SIZE 1 MINIMUM. CGBSC 4.106.4.1

OPEN SPACE SUMMARY
COMMON REQ'D 125 X 100 BDRMS = 12,500 SF
PRIVATE REQ'D 100 X 38 UNITS = 3,800 SF
TOTAL REQ'D 16,300 SF
COMMON OPEN (MIN. 30'X30') 18,366 SF
COMMON OPEN (LESS THAN 30') 5,552 SF
TOTAL COMMON PROVIDED 23,918 SF (239 SF/BDRM)
TOTAL PRIVATE PROVIDED 10,026 SF (263.8 SF/U)
TOTAL OPEN SPACE PROVIDED 33,944 SF
LEGEND
PROPERTY LINE/R.O.W.

STREET CENTERLINE

ADA PATH OF TRAVEL

PERIMETER WALL
(SEE LANDSCAPE PLANS)

BUILDING TYPE
(SEE SHEETS 4-6

UNIT NUMBER

FIRE HYDRANT

ADAPTABLE UNIT
18 NORTH

VICINITY MAP
A

BLDG AREAS
4 BLDG A 6,130 S.F.
4 BLDG B 8,035 S.F.
2 BLDG C 10,605 S.F.

TOTAL PROJECT 77,870 S.F.
1 Conceptual Site Plan
Sunset Drive Townhomes
FIGURE 3SOURCE: Summa Architecture, 2023
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Olive sp. (Fruitless Olive)
Type/Form
Tristania conferta (Brisbane Box)

PLANTING LEGEND
Symbol
Specimen
Street
Trunk
Natural
Single
Botanical Name (Common Name)
Suggestions
Quervus agrifolia (Coast Live Oak)
Size
B&B
24" Box
TREES
Magnolia g. 'Little Gem (Southern Magnolia)Focal Single 36" Box Low
Mod.
(R3)
WUCOLS
Qty.
5 18
Jacaranda mimosifolia (Jacaranda)
Mod.11
Low
Single 36" Box
Medium SingleGeijera parvilflora (Australian Willow)24" Box Low 36 Lagerstroemoia indica 'Muskogee'Deciduous Single
Flowering
15 Gal Low 23
(Lavender-Pink Crape Myrtle)
Cupressus sempervirens (Italian Cypress)Columnar Single 15 Gal Low 36 Total = 148
Rhus lancea (African Sumac)Street Single 24" Box Mod.19 Bougainvillea x 'Monka' (Oo-La-La Bougainvillea)Vines Single 15 Gal Low 18 Total = 18
60'
Scale: 1" = 30'
0 30'15'
NOTES:

1. Vehicular Swinging Gates to be installed per local Fire Codes & Regulations.

2. The plant palette listed provides a list of plant material to select from when preparing final landscape construction documents for this project. However, substitutions may be required due to availability, soils tests, or other conditions.

3. All trees within 5' of hardscape to be installed with deep root barriers.

4. Irrigation (low volume or subsurface) system and meters will be provided / located, in the Construction Document phase, and to be installed per local California water regulations (AB1881) .

5. All areas requiring slope re-vegetation planting shall be irrigated with a permanent automatically controlled irrigation system covering 100% of the planted area.

6. Recycled water maybe used for single family residences if available. If not available project will use potable water.

7. Transformers, back-flow preventers & other above-ground utilities to be screened with landscape as permitted per local codes & regulations.

8. Landscape lighting (landscape up-lights, path lights/bollards, etc.) to be coordinated with Electrical Engineer in future phase.
“I am familiar with and agree to comply with the requirements for landscape improvements as described in Chapter 18.56 of the Vista Development Code. This plan has been prepared in compliance with those regulations. I certify that the plan implements the regulations to provide efficient landscape water use.”
Landscape Architect (Lic No. 5067 CA): _________________________________ Applicant: _________________________________
Peter A. Duarte

1. All proposed planting areas shall be treated with soil conditioners to increase and retain soil moisture.

2. Plant materials shown on plan are appropriate suggestions only. Plant materials have been selected for their low-water demand. Final selections are to be determined in final Construction Plans, per City Standards and Landscape Manual.

3. The final Construction Plans shall address Xeriscape (low-water usage) principles as described in the city of Vista landscape manual and local AB1881 Water Rules & Regulations (if applicable) and have only low volume or subsurface irrigation within twenty-four inches of an impermeable surface.

4. Three inches of bark mulch will be used in non-turf areas to reduce moisture loss. Turf is located at the pocket park only.

5. All areas requiring slope re-vegetation planting shall be irrigated with a permanent automatically controlled irrigation system covering 100% of the planted area.

6. Self-supporting vine plantings to be 30% of all plantable cells of the keystone wall. In addition, self- supporting vines must also be planted at the base of the wall spaced at 5' O.C. Drip irrigation must be provided to the wall.

WATER CONSERVATION (PLAN):
**SEE SHEET L-5B FOR PROPOSED PLANTING AREAS AND
CORRESPONDING CONCEPTUAL PLANT LISTS.

VINES & ESPALIERS
Bougainvillea 'Monka' Bougainvillea
Pandorea jasminoides 'Lady Di' White Bower Vine
Macfadyena unguis-cati Yellow Trumpet Vine
(Oo-La-La® Bougainvillea)
7'-0"
11'-4"
7'-11"
5'-10"
6'
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8'-1"8'-1"
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Conceptual Landscape Plan - Tree and Vine Planting
Sunset Drive Townhomes
FIGURE 4aSOURCE: studio PAD Landscape Architecture, 2023 Pa
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Coastal Native Sage Hydroseed
Rhus ovata
Toyon
Cal. Blackberry
60'
Scale: 1" = 30'
0 30'15'
Muhlenbergia rigens
SHRUBS and GROUND COVER
Deer Grass
Bougainvillea sp. Bougainvillea
Callistemon citrinus 'Little John' Dwarf Bottlebrush
Chamaerops humilis Mediterranean Fan Palm
Nassella pulchra Purple Needlegrass
Dasylirion longissimum Pink Passion Dracaena Palm
Carissa m. 'Green Carpet'Dwarf Natal Plum
Lavandula stoechas Hazel™ Spanish Lavender

COMMON AREA
Trailing Ice PlantDelosperma cooperi
Dietes bicolor Fortnight Lily
Xylosma congestum 'Compact' Compact Xylosma
Rosmarinus officinalis 'Tuscan Blue' Rosemary
Rhaphiolepis indica 'Clara"India Hawthorn
Rosmarinus p. 'Huntington Carpet' Groundcover / Prostrate Rosemary Feijoa sellowiana Pinapple Guava
“I am familiar with and agree to comply with the requirements for landscape improvements as described in Chapter 18.56 of the Vista Development Code. This plan has been prepared in compliance with those regulations. I certify that the plan implements the regulations to provide efficient landscape water use.”
Landscape Architect (Lic No. 5067 CA): _________________________________ Applicant: _________________________________
Peter A. Duarte
SLOPE PLANTINGS:

Slope plantings will be developed in the Landscape Construction Documents to include the following standards and meet the following requirements:

A. All graded slopes shall be planted with trees, shrubs and ground-covers.

B. Ground-covers shall be permanent species planted from liners or flats at 12" O.C.

C. Provide 1 one gallon shrub for each 100 SF of slope and 1 five gallon shrub for every 200 SF of slope.

D. Provide trees on all slopes at a rate of one 15 gallon tree per 500 S.F. of slope on all slopes 5' or greater vertical height. On all slopes 8' or greater vertical height, provide one 15 gallon tree per 500 S.F. of slope plus one 5 gallon tree per each 1,000 SF of slope.

E. Reinforced straw mats (SC 150 manufactured by North American Green 1-800-4731965 or City approved equal) wil be installed on all slopes 3:1 or greater.

EXISTING WATER COURSE: PLANTING ON SLOPE
Carex tumulicola Berkeley Sedge
SHRUBS and GROUND COVER
BIO RETENTION (Area above basin slope)
Carex pansa California Meadow Sedge
Acacia redolens Prostrate Acacia
'Desert Carpet'
Iris germanica Bearded / Douglas Iris
Nassella pulchra Purple Needlegrass
Muhlenbergia rigens Deer Grass
Clematis ligusticifolia Western Virgin''s Bower
Juncus macrophyllus Long leaf rush
Juncus patens & spp. Common Rush
Salix sp. Willow

BIO RETENTION PLANTING
Carex divulsa Berkeley Sedge (Low)
California Meadow Sedge (Med)
Bio-retention areas must be planted from one gallons spaced at 18" O.C. or flats/plugs at 12"0.C. The species selected must be ones that can handle both periods of inundation and limited water.

Carex pansa
Low
Med
Very Low
Low
Very Low
Low
Low
Med
Low/Med
Med/High
(WUCOLS R3)
All shrubs within line of sight to be
maintained at max. 3ft height

ACCENT SHRUBS
Agave sp. Agave
Aloe sp. Aloe
Anigozanthos Kangaroo Paw

COMMON AREA
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Low
Lantana x 'New Gold' New Gold Lantana
Lavandula sp.Spanish Lavender
Dianella revoluta 'Little Rev' Little Rev Flax Lily
Low
Low
Low
Low
Low
Low
(WUCOLS R3)(WUCOLS R3)
Conceptual Landscape Plan - Shrub and Groundcover Planting Sunset Drive Townhomes
FIGURE 4bSOURCE: studio PAD Landscape Architecture, 2023 Pa
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SYMBOL NOTES QTY
USABLE (PROGRAMMMED) OPEN SPACE (MIN.
30`X30`)18,366 sf

USABLE (PROGRAMMMED) OPEN SPACE (LESS
THAN 30` DIM.)5,552 sf
PRIVATE PATIO/YARD (MIN. 8` DIM.)10,026 sf
COMMON LANDSCAPE AREA (HOA MAINTAINED)26,955 sf
MITIGATION PLANTING ON RIPARIAN SLOPE 14,465 sf
RIPARIAN AREA (UNDISTRUBED)37,505 sf
OFF - SITE PLANTING 48 sf

OPEN SPACE LEGEND
Common Usable O.S. = (18,366+ 5,552)sf
23,918 sf.

Private Open Space = 10,026 sf.
263.8 sf per unit
Other Landscape Area = (26,955 + 14,465)sf
41,420 sf. (22%)
Riparian Area= 37,505 sf
Total Project Area = 188,326 sf.

TOTAL LANDSCAPE AREA : 75,364 sf
*Not including Riparian Area (Undisturbed Areas) and
Off-Site Planting
12,500 sf. (125 x 100)
125 sf per bedroom
3,800 sf. (38 x 100)
100 sf per unit
26,472.4 sf. (15% of the overall project area)
RequiredProvided
60'
Scale: 1" = 30'
0 30'15'
Reading Nook 1 = 4,274 sq ft.
- Adirondacks & tables
Reading Nook 2 = 1,635 sq ft.
- Adirondacks & tables
Play Area #1 = 5,678 sq ft.
- Totlot
-benches
- Tables & Chairs
- Natural Lawn
- Cornhole
Picnic Area #1 = 2,764 sq ft.
- BBQ Island
- Shade Structure
- Dining Furniture
- Lounge Furniture
- Fire-pit
Picnic Area #2 = 2,839 sq ft.
- BBQ Island
- Shade Structure
- Dining Furniture
- Lounge Furniture
- Fire-pit
Play Area #3 = 2,645 sq ft.
- Natural Lawn
- Bench
Play Area #2 = 2,873 sq ft.
- Natural Lawn
-Bench
Reading Nook 3 = 1,210 sq ft.
- Adirondacks & tables
18'-0"
16 '
-
6 "
37'-11"
10'-0"
15 '
-
6 "
Patio Area: 182 sq ft.

Patio Area: 540 sq ft.

Patio Area: 321 sq ft.

Patio Area: 131 sq ft.

Patio Area: 930 sq ft.

Patio Area: 155 sq ft.Patio Area: 197 sq ft.

Patio Area: 964 sq ft.

Patio Area: 540 sq ft.

Patio Area: 142 sq ft.

Patio Area: 131 sq ft.

Patio Area: 161 sq ft.

Patio Area: 191 sq ft.

Patio Area: 166 sq ft.
8'
-
6 "
21'-9"
11 '
-
0 "
11 '
-
0 "
16 '
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0 "
8'-6"
8'-6"
20 '
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8 "
24'-6"
11 '
-
8 "
8'-6"
10'-6"
10'-0"21
'
-
0 "
9'-0"
14 '
-
6 "
17 '
-
2 "
10'-7"
Smallest Patio Area: 131 SF
Largest Patio Area: 964 SF
COMMON USABLE OPEN SPACE:

North Site:

Reading Nook 1 = 4,274 sq ft.
- Adirondacks
- Side Tables
Reading Nook 2 = 1,635 sq ft.
- Adirondacks
- Side Tables
Play Area #1 = 5,678 sq ft.
- Totlot
- Benches
- Tables & Chairs
- Natural Lawn
- Cornhole
Play Area #2 = 2,873 sq ft.
- Natural Lawn
- Bench
Picnic Area #1 = 2,764 sq ft.
- BBQ Island
- Shade Structure
- Dining Furniture
- Lounge Furniture
- Fire-pit
Reading Nook 3 = 1,210 sq ft.
- Adirondacks
- Side Tables
South Site:

Picnic Area #2 = 2,839 sq ft.
- BBQ Island
- Shade Structure
- Dining Furniture
- Lounge Furniture
- Fire-pit
Play Area #3 = 2,645 sq ft.
- Natural Lawn
- Bench
TOTAL: 23,918 sq ft.

Conceptual Open Space Plan
Sunset Drive Townhomes
FIGURE 5SOURCE: studio PAD Landscape Architecture, 2023 Pa
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Sunset Drive Townhomes Project – P22-0182 September 2023 Mitigated Negative Declaration/Initial Study Checklist

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PERSPECTIVES2112 SUNSET DRIVE TOWNHOMESVISTA
P22-0182
Visual Simulations
Sunset Drive Townhomes
FIGURE 6SOURCE: Summa Architecture 2022
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City of Vista Appendices
Sunset Drive Townhomes Project – P22-0182 September 2023 Mitigated Negative Declaration/Initial Study Checklist

APPENDICES
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City of Vista Appendices
Sunset Drive Townhomes Project – P22-0182 September 2023 Mitigated Negative Declaration/Initial Study Checklist

APPENDIX K
Public Comments and Responses to Comments
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RESPONSES TO COMMENTS
RESPONSE TO COMMENTS FOR THE SUNSET DRIVE TOWNHOMES PROJECT 14346 SEPTEMBER 2023 RTC-1
Responses to Comment Letters Received on
the Draft MND
The Draft MND was circulated for public review from June 29, 2023, through July 28, 2023, in accordance with Section 15105(a) of the California Environmental Quality Act (CEQA) Guidelines. A total of eleven (11) written comment letters were received on the Draft MND from agencies and individuals, as shown in Table 1. Each of the written comment letters have been assigned an alphanumeric label, and the individual comments within each written comment letter are bracketed and numbered. For example, Comment Letter A1 contains eight comments that are numbered A1-1 through A1-8.

The responses to each comment on the Draft EIR represent a good-faith, reasoned effort to address the environmental issues identified by the comments. Pursuant to Section 15088(a) of the CEQA Guidelines, the City of Vista (City), as lead agency, is not required to respond to all comments on the Draft EIR, but only those comments that raise environmental issues. In accordance with CEQA Guidelines Sections 15088 and 15204, the City has independently evaluated the comments and prepared the attached written responses to any significant environmental issues raised.

Table 1. Comment letters and Commenters
Comment Letter Commenter Date Received
Agency
A1 California Department of Fish and Wildlife (CDFW) July 25,2023 A2 California Department of Transportation (Caltrans) July 26, 2023 A3 North County Transit District (NCTD) July 26, 2023
Organizations
O1 South Vista Communities (Francis Dumler) July 27, 2023 Individuals
I1 Bob Rall June 29, 2023
I2 David Horn June 29, 2023
I3 Georgette Duguay June 30, 2023
I4 Johanne Duguay June 30, 2023
I5 Suzanne McMurchie July 4, 2023
I6 Idalia Rewar July 7, 2023
I7 Steven Harvey July 25, 2023

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RESPONSES TO COMMENTS
RESPONSE TO COMMENTS FOR THE SUNSET DRIVE TOWNHOMES PROJECT 14346 SEPTEMBER 2023 RTC-9
Response to Comment Letter A1
Natural Resources Agency
California Department of Fish and Wildlife
July 25, 2023
A1-1 California Department of Fish and Wildlife (CDFW) identifies the subject of their comments as the Sunset Drive Townhomes Project and its associated Mitigated Negative Declaration (MND) under the California Environmental Quality Act (CEQA) and CEQA Guidelines. They address City staff, expressing gratitude for the opportunity to provide comments and recommendations concerning the project’s potential impacts. In response, the comment does not raise any specific issues related to the adequacy of the Draft MND and no further response is required.

A1-2 CDFW clarifies its role as California’s Trustee Agency for fish and wildlife resources. As a Responsible Agency under CEQA, CDFW may exercise its regulatory authority and provide biological expertise during public agency environmental review efforts, focusing on projects that have the potential to adversely affect state fish and wildlife resources. In response, the comment does not raise any specific issues related to the adequacy of the Draft MND and no further response is required.

A1-3 The comment provides a summary of the project description and project location. The comment does not raise any specific issues related to the adequacy of the Draft MND and no further response is required.

A1-4 The comment provides a summary of the biological setting at the project site and a summary of project impacts identified in the Draft MND. The comment does not raise any specific issues related to the adequacy of the Draft MND and no further response is required.

A1-5 The comment summarizes the MND’s two potential means to mitigate for impacts to Diegan coastal sage scrub; including, revegetation of 0.33-acre Buena Vista Creek project buffer area at a roughly 1:1 ratio, or the purchase of credits for 0.39-acre of equivalent habitat credits at an approved conservation bank. In response, the project proposes mitigation by implementation of option two above (purchase of credits). As described in this comment, the choice of bank will be agreed to by the Wildlife Agencies and the City. Evidence that off-site mitigation has been purchased and/or placed within a biological open space CE will be provided to the Wildlife Agencies and City prior to project development.

Proposed project mitigation is consistent with recommendations of CDFW.

A1-6 The comment provides a summary of CEQA and the California Natural Diversity Database (CNDDB). The comment does not raise any specific issues related to the adequacy of the Draft MND and no further response is required.

A1-7 The comment provides a summary of CDFW filing fees payable upon filing of the Notice of Determination. The comment does not raise any specific issues related to the adequacy of the Draft MND and no further response is required.

A1-8 The comment includes concluding remarks. The comment does not raise any specific environmental issues related to the adequacy of the Draft MND and no further response is required.

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Response to Comment Letter A2
Agency
Caltrans
July 26, 2023
A2-1 Caltrans expresses appreciation for being included in the environmental review process for the Mitigated Negative Declaration for the Sunset Drive Townhouses Project located near State Route 78 (SR-78). The comment provides a summary of Caltrans’ mission. The comment provides an introduction to comments that follow. The comment does not raise any specific issues related to the adequacy of the Draft MND and no further response is required.

A2-2 The comment expresses that Caltrans looks forward to potential opportunities to coordinate with the City to make improvements to safety, access, and mobility; reduce GHG emissions, and maintaining access during project construction. All construction-related traffic would access the project site via the existing entrance along Sunset Drive, and most of the construction activities and staging would occur on the project site. Once new driveways and internal streets are built, those will be used for the vertical part of proposed construction related activities. For any potential construction related activities in the public right-of-way during the construction period, applicable City regulations and policies require two-way traffic to be maintained.

During operation, access for the Project would be provided via driveways on South Emerald Drive and Sunset Drive. Three driveways would be constructed. One full access driveway would be located on South Emerald Driveway to provide access to the northern portion of the Project site, and two driveways would be located on Sunset Drive to provide access to the southern portion of the Project site (the southernmost access point would be for emergency access only). The Project would construct a two-way left-turn lane as part of its frontage improvements to allow for turn access to each Project driveway.

Onsite circulation would consist of a two-lane (one lane per direction) private roads through both the northern and southern portions of the Project site. Additionally, as described in detail in the Local Transportation Assessment prepared for the project (Appendix E to the MND), the project would incorporate traffic calming measures, including traffic calming signage and marking to reduce vehicular speed that may be associated with the project. The Project has been designed to incorporate all required Vista Fire Department standards to ensure that its implementation would not result in hazardous design features, or inadequate emergency access to the site or areas surrounding the site.

As concluded in Section VIII and XVII of the MND, the project would result in less than significant impacts related to GHG emissions and traffic and circulation.

A2-3 The comment states that there is a strong link between transportation and land use and the City should continue to coordinate with Caltrans to implement improvements where there is joint jurisdiction. The City acknowledges this comment. The comment does not raise any specific issues related to the adequacy of the Draft MND.

A2-4 The comment recognizes that teleworking and remote learning reduces impacts of traffic, reducing VMT and GHG emissions. The comment also states that reliable high-speed broadband is a key component in reaching the state’s transportation and climate action goals. The comment does not raise any specific issues related to the adequacy of the Draft MND. 11/14/2023 PH2 115 of 261

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A2-5 The comment states that an encroachment permit would be required for any work within the Caltrans right of way, the project would be required to provide an approved final environmental document, the document must address all impacts within the Caltrans right of way, and address any impacts from avoidance or mitigation in the document. The comment does not raise any specific issues related to the adequacy of the Draft MND.

A2-6 The comment includes concluding remarks. The comment does not raise any specific environmental issues related to the adequacy of the Draft MND.

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Response to Comment Letter A3
Agency
North County Transit District
July 26, 2023
A3-1 NCTD expresses appreciation for being included in the environmental review process for the MND. The comment does not raise any specific issues related to the adequacy of the Draft MND and no further response is required.

A3-2 The comment states that a BREEZE Route 323 and Route 623 bus stop (ID: 20891 Sunset Drive and Sky Haven Lane) are located at the project site. This comment is an introduction to comments that follow. The comment does not raise any specific issues related to the adequacy of the Draft MND and no further response is required.

A3-3 This comment states that NCTD recommends the construction of an ADA-compliant bus stop pad for passenger boarding at the project site. The design should adhere to NCTD standards and include specific features such as 1) an eight (8)-foot deep by five (5)-foot-wide clear sidewalk area made of concrete, connected to the curb and street, meeting the ADA requirements and devoid of any street furniture or impediments; 2) installation of a bus stop shelter, benches, and trash receptacles; 3) improvement for pedestrian and shelter lighting at the bus stop for visibility and overall safety; and 4) minimum three (3)-foot-wide sidewalk path that is unimpeded by street furniture, trees, or landscaping.

The City acknowledges this comment. In response, street improvement plans will be finalized with the City as part of the entitlement process for the project, and City requirements related to bus stop improvements will be included as part of project conditions of approval.

A3-4 This comment states that project construction may impact the street right-of-way of NCTD BREEZE Routes 323 and 623, and they request a two (2)-week notice before commencing work to assess how the traffic control methods will affect NCTD’s stops and bus travel. In response, as described in Response to Comment A2-2, all construction-related traffic would access the project site via the existing entrance along Sunset Drive and majority of the construction activities and staging would occur on the project site. Once new driveways and internal streets are built, those will be used for the vertical part of construction related activities. For any potential construction related activities in the public right-of-way during the construction period, applicable City regulations and policies require two-way traffic to be maintained. Additionally, the developer would comply with NCTD’s request for the 2-week notice prior to commencing work. As specified in this comment, the notice will be sent via e-mail to [email protected]. Lastly, as part of the Conditions of Project Approval, the Owner and/or Contractor would be required to prepare and implement a Construction Traffic Management Plan to the satisfaction of the City Traffic Engineer to avoid significant construction-related impacts to nearby streets and intersections, especially during peak hour times.

A3-5 This comment encourages the project site design to include sufficient ADA paths to connect pedestrians from within the development to nearby bus stops, sidewalks, and crosswalks. They suggest incorporating shading from trees or structure, lighting, bike racks, and seating to make the development more pedestrian and bike friendly. The comment also states that improved pedestrian lighting along crosswalks and the sidewalk would enhance connectivity to the transit system. In response, the project would be required to be ADA compliant. The project would include accessible 11/14/2023 PH2 121 of 261

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parking and adaptable unit options. Pedestrian pathways throughout the site would provide pedestrian access to both South Emerald Drive and Sunset Drive. The Project proposes the construction of a sidewalk, curb, and gutter along the project frontage that would be implemented simultaneously with onsite construction activities to ensure adequate access to the project area and safety for vehicles and pedestrians. Furthermore, the Project proposes onsite open space areas that would include community amenities such as outdoor dining, play area, passive lawn with benches, fire pit, and BBQ area. Majority of the onsite open space area is located along the project frontage. The project site would be landscaped with trees, as shown on Figure 4a and 4b of the MND, and outdoor lighting would be provided throughout the site.

A3-6 This comment refers to NCTD’s Bus Stop Development Handbook (2018), which emphasizes the importance of clear and direct access to bus stops from new developments. The comment states that gated or walled developments should provide openings to minimize walking distance and create more direct route to bus stops. Parking lots should be designed with clear pedestrian walkways, and entrances to buildings should face the street with pedestrian access close to the nearest bus stop. In response, project access and driveways are located at the project frontage along Sunset Drive. The southern access point would immediately connect to NCTD bus route 323. As described in Response to Comment A3-5, pedestrian pathways throughout the site would provide pedestrian access to both South Emerald Drive and Sunset Drive. The Project proposes the construction of a sidewalk, curb, and gutter along the project frontage that would be implemented simultaneously with onsite construction activities to ensure adequate access to the project area and safety for vehicles and pedestrians.

A3-7 This comment presents a sample of guidelines for design supported by NCTD, as found in their Bus Stop Development Handbook (2018). The key transit-supportive design and development guidelines supported by NCTD include orienting developments towards the street, minimizing the need for parking, incorporating bus stop and station elements into the design, emphasize compatible and compact land uses, and minimize walking distances through developments to bus stops, especially for developments with walls or gates. In response, as shown in Figure 3 of the MND, the residential units, open space areas, and access points are oriented towards Sunset Drive. NCTD bus route 323 is located immediately along the project’s southern access point off Sunset Drive. The project proposes compatible and compact residential uses and would minimize walking distances through the development to access points and existing bus stops. The comment does not raise any specific issues related to the adequacy of the Draft MND and no further response is required.

A3-8 This comment states that implementing improvements for the bus stop through this development opportunity aligns with the City of Vista’s Climate Action Plan goals, particularly Policy 5.6 and Policy

4.3, which focus on maintaining and upgrading transit stops, providing safe and attractive stops, and improving pedestrian and transit connections. In response, as described in Responses to Comments A3-5, A3-6, and A3-7, the project would develop residential units immediately adjacent to existing NCTD bus stop facilities and the proposed development would include improvements such as construction of a sidewalk along the project frontage. The southern access point would connect directly to the existing NCTD bus route 323. As analyzed in Sections VIII and XVII of the MND, the project would result in less than significant impacts related to Greenhouse Gas Emissions and Transportation/Traffic.

A3-9 The comment includes concluding remarks. The comment does not raise any specific environmental issues related to the adequacy of the Draft MND.
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Response to Comment Letter O1
Organization
South Vista Communities (Francis Dumler)
July 27, 2023
O1-1 The commenter, representing South Vista Communities, provides and introduction to comments that follow. The comment does not raise any specific issues related to the adequacy of the Draft MND and no further response is required.

O1-2 The commenter expresses concern about the density of the townhomes, stating that although the unit count has been decreased in comparison to previous proposals for the site, the proposed number of residents is still unacceptably high, and this would result in significant environmental impacts on the surrounding communities. The commenter recommends increasing the green areas for resident use and suggest better placement of amenities such as the Tot Lot and Play Area along the western boundary, and suggests incorporation of a dog run. In response, as described in the MND, the northern portion of the site is currently designated as General Commercial (GC) with an associated zoning designation of C-1 (Commercial) in the Vista General Plan 2030 (City of Vista 2011). The project proposes the site be redesignated to Medium Density Residential (MD) with an associated zoning of Multifamily Residential (R-M (10)). The southern portion is currently designated Medium High Density Residential (MHD) which allows 15 dwelling units per acre (du/acre) and has an associated zoning of Multi-Family Residential (R-M (15)). The land use and zoning designation for the southern portion of the project would remain as is in proposed conditions, as the proposed 14 units on the southern portion of the site would be consistent with the current land use and zoning. The project would require a General Plan Amendment and Rezone for the northern portion of the project site, which would allow for the development of 24 residential units.

A commercial use on the northern portion of the site, as currently zoned for, is anticipated to generate more vehicle trips than the proposed 24 units; specifically, 1,044 more daily trips including 22 more AM peak hour trips, and 92 more PM peak hour trips. Please refer to Table 8-2 from the Local Transportation Assessment (Appendix E to the MND), which is also included for reference below:

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Regarding the request for increase in green area for residential use and placement of open space amenities, the project would provide 33,339 square feet of total open space, including 23,313 square feet of common open space. The project would provide more than double the amount of total open space required by the City for the project (16,300 square feet required). The site design has been revised multiple times based on City comments and comments from the Vista Fire Department. The open space has been strategically placed closer to Sunset Drive to reduce potential outdoor noise upon the neighboring residents. Additionally, this layout is consistent with North County Transit District comments.

O1-3 The Project proposes a total of 110 onsite parking spaces (76 garage and 34 guest spaces). The commenter points out that due to the units being split into two campuses (7 buildings in the larger and 3 buildings in the smaller), the available land for parking tracts has lower utilization efficiency. They are concerned that many potential residents may have two or three vehicles per unit, and the number of proposed parking spaces might be insufficient. The commenter highlights the importance of adding electric vehicle (EV) chargers to the parking infrastructure. In response, as shown on Figure 3 to the MND, per City requirements, the project would be required to provide 107 parking stalls for the proposed development. The project is providing 110 parking stalls, 3 stalls more than required. Additionally, per City requirements and consistent with the City’s Climate Action Plan, the project would provide a raceway with dedicated 208/240-volt branch circuits in all private attached townhome garages.

O1-4 The commenter references the Local Transportation Assessment prepared for the project in August 2, 2022, which estimated that the Project will generate approximately 304 Average Daily Trips (ADT). They raise concerns about the significance determination that no substantial impacts would occur related to VMT. The commenter states that the project should consider that many of the project residents will not be working in the neighborhood and would be commuting to work via the 78 and nearby entry/exit points adding significant congestion to an already crowded 78-Emerald Avenue-Hacienda Drive corridor.

In Response, the Local Transportation Assessment (LTA) takes into account that residents will work outside the area and in fact assumes over ½ of all trips are oriented to/from SR-78.

O1-5 The comment states that the Project’s access is planned through one full access driveway serving 24 dwelling units and two driveways (one for emergency vehicles only) serving 14 dwelling units. The commenter emphasizes the importance of meeting all required Vista Fire Department standards to ensure safe and adequate emergency access to the site and surrounding areas. In response, as outlined in Sections IX, XV, and XVII of the MND, the Project has been designed to incorporate all required Vista Fire Department standards to ensure that its implementation would not result in hazardous design features, or inadequate emergency access to the site or areas surrounding the site.

Prior to final Project approval, the City’s Fire Marshall would verify that the Project has been designed to conform to code, including the emergency access gate on Sunset Drive. Also, applicable development impact fees would help to ensure funding continues to be provided to the Vista Fire District. The comment does not raise any specific issues related to the adequacy of the Draft MND and no further response is required.

O1-6 The comment states that the Project site currently fronts a two-lane undivided roadway serving primarily residents. The MND document recommends constructing a two-way left-turn lane as part of frontage improvements to allow for left turn access to each Project driveway and the Green Valley Mobile Home driveway. The commenter questions the lack of documentation supporting the methodology that the proposed driveways and turn lanes would maximize traffic flow in the general neighborhood area. In Response, Table 9-1 of the LTA shows an analysis of the two project driveways and the Green Valley 11/14/2023 PH2 128 of 261

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Mobile Home driveway and concluded that the level of service meets City standards at all locations.

The proposed turn lane will enhance safety for drivers turning into and out of the site by providing a dedicated lane for drivers to utilize without impeding through traffic on Sunset Drive.

O1-7 The commenter notes that the 85th percentile speed on the roadway exceeds the posted speed limit by approximately 19% and 23% in the northbound and southbound directions, respectively. They recommend implementing traffic calming features, such as additional signage and markings, to strategically reduce vehicular speed in the area. The City of Vista is exploring various methodologies to control speeding in neighborhood areas, and the commenter suggests discussing these options with the developers. In Response, the developer, transportation consultant, and City staff have been discussing options to control speeds throughout the project process, and will continue to do so through final permits. The developer has agreed to add traffic calming features such as speed feedback signs (please see Response to Comment A2-2).

O1-8 The comment states that South Vista Communities acknowledges the applicants’ and property owners’ fiduciary responsibility to achieve commercial success and profit from their investment. The commenter expresses the importance of balancing these goals with improving the City of Vista and enhancing the lives of its residents. The commenter expresses hope that the project will be improved to meet mutual objectives. In response, please see Responses to Comments O1-2 through O1-7. The comment does not raise any specific issues related to the adequacy of the Draft MND and no further response is required.

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Response to Comment Letter I1
Individual
Bob Rall
June 29, 2023
I1-1 This introductory comment expresses concerns about a dead link in an email related to the MND/IS for project P22-0182, Sunset Drive Townhomes. The City acknowledges this comment. In response, the comment does not raise any specific issues related to the adequacy of the Draft MND and no further response is required.

I1-2 The commenter describes their history in the area and expresses appreciation of the Harold Westerhold home at 2112 Sunset Drive. The commenter acknowledges that the project would require removal of the existing structures on-site and expresses concern over losing a significant piece of salvageable Vista “history”. The commenter expresses interest in personally preserving the primary steel building from Westerhold’s property at his home. The commenter acknowledges that removal of this structure would greatly improve the appearance of the project site. The commenter describes the process of rebuilding the structure to the original specifications and the anticipated permit process with DEH approval. The commenter requests that the City consider his request and contact him to further discuss.

In response, Dudek conducted a California Historical Resources Information Systems (CHRIS) records search for the Project area and a one-mile radius buffer at the SCIC on May 18, 2022. Although three existing historic age structures are located on-site, the SCIC records search did not identify any historic addresses within the project area. Photos of the project site show that the existing structures are in very poor condition, with large holes on the facades, broken windows, and modern debris from observed homeless encampments onsite. The commenter should contact the developer to discuss the potential of safely obtaining any items prior to demolition and grading for removal offsite. However, specific to the MND, this comment does not raise any specific issues related to the adequacy of the Draft MND and no further response is required.

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Response to Comment Letter I2
Individual
David Horn
June 29, 2023
I2-1 The commenter introduces themself as an immediate neighbor to the project site. The commenter expresses concern about the proposed project’s impacts related to traffic on Sunset Drive. The commenter states that installation of a traffic light at the intersection of Sky Haven and Sunset Drive would alleviate the problem. Additionally, the commenter suggests paving the Sunset Drive and Hacienda intersection, as well as the downhill portion of Sunset Drive, to improve automobile control in the future. In response, as described in the Draft MND, the proposed adjacent Cielo Living Project proposes to signalize the Sunset Drive / Sky Haven Lane intersection which would also provide a controlled crossing location. However, the understanding now is that the nearby Cielo Living Project has been stalled and may not occur within the near-term period. The near-term intersection analysis in the Local Transportation Assessment (LTA), prepared for the proposed project, assumed the Cielo Living Project proposed improvements at the Sunset Drive/Sky Haven Lane intersection.

Therefore, a Transportation Assessment Addendum was prepared for the project on August 10, 2023 to conduct a transportation assessment of the Sunset Drive/Sky Haven Lane intersection under the near-term scenarios without the Cielo Living Project proposed improvements to determine if the intersection operation would remain at a no substantial effect level. As outlined in the Transportation Assessment Addendum (Appendix H to the Final MND), based on the City of Vista’s improvement thresholds, no significant impacts are identified as a result of project implementation without the Cielo Living Project roadway improvements. The proposed project would add less than 2 seconds of average vehicle delay during the AM peak hour, where it is calculated to operate at LOS E. The project would add only five (5) AM and seven (7) PM peak hour trips to the Sunset Drive/Sky Haven intersection, which is determined to be within the day to day fluctuation in traffic. Therefore, it was determined that no further improvements are required by the project. However, as outlined in the MND, the project would still construct a sidewalk, curb and gutter along the project frontage; as well as a two-way left-turn lane as part of its frontage improvements to allow for left turn access to each project driveway and the Green Valley Mobile Home driveway outside of the thru lanes.

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Response to Comment Letter I3
Individual
Georgette Duguay
June 30, 2023
I3-1 This comment letter begins with a statement expressing general opposition to the project. The commenter expresses concern that the project site is located on a flood site, and the surrounding area is resided by senior citizens and is a fairly quite neighborhood. The comment states that the two adjacent mobile home parks on Sunset Drive are served by only one entrance/exit, and the project would result in additional traffic impacts for the existing residents nearby. The comment concludes with additional concerns of the project related to traffic, noise, and crime.

In response, as outlined in the Hydrology and Water Quality section of the MND (Section X), according to the FEMA National Flood Hazard Layer (NFHL) Viewer, a majority of the northern portion of the Project site is located within “Zone AO” which is an area located within a special flood hazard area. This is likely a result of the project site located adjacent to the Buena Vista Creek. Areas with a Zone AO designation are areas located within a 100-year flood plain with a 1% or greater chance of shallow flooding. As previously discussed, the Project would include the installation of a proposed storm drain system which would control the velocity and amount of runoff. Furthermore, the Project is surrounded by existing development located within a special flood hazard zone that are adequately served by existing stormwater facilities.

Related to site access and existing mobile home community access, access for the Project would be provided via driveways on South Emerald Drive and Sunset Drive. Three driveways would be constructed. One full access driveway would be located on South Emerald Driveway to provide access to the northern portion of the Project site, and two driveways would be located on Sunset Drive to provide access to the southern portion of the Project site (the southernmost access point would be for emergency access only). The existing entrance/exit to the mobile home community would remain in place. The project would construct a two-way left-turn lane as part of its frontage improvements to allow for turn access to each project driveway. Onsite circulation would consist of a two-lane (one lane per direction) private roads through both the northern and southern portions of the project site. Additionally, the project would incorporate traffic calming measures, including traffic calming signage and marking to reduce vehicular speed that may be associated with the project.

As outlined in the Noise section of the MND (Section XIII), the project would not result in any substantial operational noise impacts. The project would implement mitigation measure MM-NOI-1 to reduce potential construction-related noise impacts. The Project includes solely residential uses and does not include any incompatible uses.
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Response to Comment Letter I4
Individual
Johanne Duguay
June 30, 2023
I4-1 This comment summarizes the commenters previous experience communicating with the City of Oceanside and City of Vista regarding this project. The commenter states that neither jurisdiction was taking responsibility for the project due to location. In response, the project site is located in the City of Vista and the City of Vista is acting as the lead agency for this project under CEQA. The City believes this comment pertains to the Cielo Oceanside project and not the proposed project. No details were given by the commenter regarding a response from the City of Vista regarding the Cielo project in Oceanside. The comment does not raise any specific issues related to the adequacy of the Draft MND and no further response is required.

I4-2 The comment expresses general opposition to the project, and raises concerns related to the site being in a flood area, and the project creating additional traffic, noise, and invasion of privacy to the senior citizen community. In response, please see Response to Comment I3-1. The MND describes the project site location within “Zone AO” which is an area located within a special flood hazard area. This is likely a result of the project site located adjacent to the Buena Vista Creek. Areas with a Zone AO designation are areas located within a 100-year flood plain with a 1% or greater chance of shallow flooding. To address this, the Project would include the installation of a proposed storm drain system which would control the velocity and amount of runoff. Furthermore, the Project is surrounded by existing development located within a special flood hazard zone that are adequately served by existing stormwater facilities. Related to site access, three driveways would be constructed for the project, including one full access driveway to be located on South Emerald Drive to provide access to the northern portion of the project site, and two driveways to be located on Sunset Drive to provide access to the southern portion of the project site (the southernmost access point would be for emergency access only). The existing entrance/exit to the mobile home community would remain in place. The project would construct a two-way left-turn lane as part of its frontage improvements to allow for turn access to each project driveway. Onsite circulation would consist of a two-lane (one lane per direction) private roads through both the northern and southern portions of the project site. Additionally, the project would incorporate traffic calming measures, including traffic calming signage and marking to reduce vehicular speed that may be associated with the project. As outlined in the Noise section of the MND (Section XIII), the project would not result in any substantial operational noise impacts. The project would implement mitigation measure MM-NOI-1 to reduce potential construction-related noise impacts.

The Project includes solely residential uses and does not include any incompatible uses.

I4-3 The comment concludes with additional concerns of the project related to traffic, noise, and crime. In response, please see Responses to Comment I3-1 and I4-2.

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Response to Comment Letter I5
Individual
Suzanne McMurchie
July 4, 2023
I5-1 The comment is an introductory to comments that follow. The comment does not raise any specific issues related to the adequacy of the Draft MND and no further response is required.

I5-2 The commenter describes the traffic situation along Sunset Drive and Skyhaven, and describes the heavy traffic during school hours, with parents driving their children to Rancho Buena Vista, Madison Middle School, Breeze Hill Elementary School, Lake Elementary School, Tri-City Christian, and a Montessori school located on Emerald on the other side of the 78 highway. In response, as analyzed in the MND, impacts related to traffic were determined to be less than significant. The project would incorporate roadway improvements as outlined in Response to Comment I2-1. The comment does not raise any specific issues related to the adequacy of the Draft MND and no further response is required.

I5-3 The commenter expresses concern about the blind turn above Sky Haven going towards Hacienda, and calls it out as a traffic hazard that needs to be addressed. In response, as outlined in Section XVII of the MND, traffic calming measures would be incorporated into the project design. In existing conditions, the 85th percentile speed exceeds the posted speed limit by approximately 10% and 23% in the northbound and southbound direction, respectively. Based on existing conditions and the speed survey data, traffic calming features such as additional signage and marking to strategically reduce vehicular speed are recommended. This includes speed feedback signs and advanced warning signs. The speed feedback sign would be mounted on the same support below the speed limit (R2-1) sign to provide proper notification to drivers traversing along Emerald Drive and Sunset Drive between Emerald Hollow Drive and Sky Haven Lane to improve traffic conditions and slow traffic. The project site is currently fronting a two-lane undivided roadway that primarily serve residents. The project would construct a two-way left-turn lane as part of its frontage improvements to allow for left turn access to each project driveway and the Green Valley Mobile Home driveway outside of the thru lanes. Additionally, the project would construct sidewalks along the project frontage. Implementation of the project would not conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities. The project would implement traffic calming measures and include circulation and frontage improvements in the immediate vicinity as part of its design.

I5-4 The commenter references an incident regarding a sinkhole on Skyhaven, which affected ten homes in the Vista Green Valley Mobile Home Park. The residents had to evacuate their homes for two months, and two homes were destroyed and are now uninhabitable. The commenter brings up this event because they believe that the City of Oceanside is planning to build housing units on Skyhaven and Sunset, just above the proposed development site. Some residents from the commenter's community have reportedly attended Oceanside city council meetings to protest this development, claiming that the area is not geologically stable and would pose a threat to the mobile home park. In response, GEOCON, the geotechnical report preparer for the proposed project has reviewed the incident referenced by the commenter and understands an existing ascending slope is located to the southeast of Sky Haven Drive, where the proposed adjacent Cielo Living Project would be located. This slope is not part of the proposed project site, and the proposed project would not affect the stability of this existing slope or adjacent properties, as the proposed project site is relatively flat and grading offsite 11/14/2023 PH2 149 of 261

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is not planned. The Cielo Living Project is currently stalled and may not occur within the near-term period. The project’s impacts related to geology and soils is analyzed in Section VII of the MND. Project impacts related to landslides, lateral spreading, subsidence, liquefaction and/or collapse was determined to be less than significant. This comment does not raise any specific issues related to the adequacy of the Draft MND and no further response is required.

I5-5 The commenter expresses concern that if the proposed construction proceeds, the issues mentioned above in comment I5-4 would present a threat to the new homes. In response, please see Response to Comment I5-4. Additionally, the comment states that project traffic impacts would be problematic with the regular emergency vehicles tending to the existing residents of Vista Green Valley Mobile Home Park. In response, as analyzed in the MND, impacts related to traffic were determined to be less than significant. The project would incorporate roadway improvements as outlined in Response to Comment I2-1. Additionally, all final site plans for the project would be subject to review by the Vista Fire Department, prior to project development to ensure adequate emergency access. The project would provide one access point specifically for emergency responders at the southeast corner of the project site from Sunset Drive. The project would not require the full closure of any public or private streets or roadways during construction or operations and would not impede access of emergency vehicles to the project site or any surrounding areas.

I5-6 The commenter expresses skepticism that any comments received will be taken into account. The concluding comment expresses general opposition to the project and processes of the City. The comment does not raise any specific issues related to the adequacy of the Draft MND and no further response is required.

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Response to Comment Letter I6
Individual
Idalia Rewar
July 7, 2023
I6-1 This is an introductory comment, expressing general opposition to the project as a nearby resident. The comment does not raise any specific issues related to the adequacy of the Draft MND and no further response is required.

I6-2 The commenter attended the initial meeting at Vista City Hall where a vote was scheduled to take place, but it was not possible due to the absence of one member. The comment states that during the discussion, only one member raised the issue of the number of units designated for lower-income residents, and there was no mention or consideration of the potential traffic impact on the one-way street that would serve the project. In response, the Draft MND analyzes the project’s impact on traffic and circulation and analyzes the project’s consistency with the City’s General Plan Housing Element.

The comment does not raise any specific issues related to the adequacy of the Draft MND and no further response is required.

I6-3 The commenter points out that Sunset Drive has a curve just before the proposed site, and drivers often speed around that bend. Exiting the mobile home park already presents difficulties due to traffic congestion. The commenter believes that adding 50-60 more cars or even more from the proposed townhouses would exacerbate the situation and pose hazards. In response, as described in the Draft MND, the proposed adjacent Cielo Living Project proposes to signalize the Sunset Drive / Sky Haven Lane intersection which would also provide a controlled crossing location. However, the understanding now is that the nearby Cielo Living Project has been stalled and may not occur within the near-term period. The near-term intersection analysis in the Local Transportation Assessment (LTA), prepared for the proposed project, assumed the Cielo Living Project proposed improvements at the Sunset Drive/Sky Haven Lane intersection. Therefore, a Transportation Assessment Addendum was prepared for the project on August 10, 2023 to conduct a transportation assessment of the Sunset Drive/Sky Haven Lane intersection under the near-term scenarios without the Cielo Living Project proposed improvements to determine if the intersection operation would remain at a no substantial effect level. As outlined in the Transportation Assessment Addendum (Appendix H to the Final MND), based on the City of Vista’s improvement thresholds, no significant impacts are identified as a result of project implementation without the Cielo Living Project roadway improvements. The proposed project would add less than 2 seconds of average vehicle delay during the AM peak hour, where it is calculated to operate at LOS E. The project would add only five (5) AM and seven (7) PM peak hour trips to the Sunset Drive/Sky Haven intersection, which is determined to be within the day to day fluctuation in traffic. Therefore, it was determined that no further improvements are required by the project. However, as outlined in the MND, the project would still construct a sidewalk, curb and gutter along the project frontage; as well as a two-way left-turn lane as part of its frontage improvements to allow for left turn access to each project driveway and the Green Valley Mobile Home driveway outside of the thru lanes.

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I6-4 The commenter acknowledges that more people should attend these meetings to voice their opinions.

However, the commenter explains that the 55+ community has elderly residents who are unable to attend city meetings due to physical limitations. Thus, the city may not receive significant input from them. The City acknowledges this comment. The Notice of Intent for the project was mailed to all neighbors of the project site, including those in the Green Valley Mobile Home Park. The public was encouraged to provide comments on the project, and specifically on the adequacy of the MND prepared for the project during the public review period. All comment received are taken into consideration by City staff and during public hearings. Additionally, all comments received are formally responded to and included as part of the Final MND. The comment does not raise any specific issues related to the adequacy of the Draft MND and no further response is required.

I6-5 As a Sheriff Volunteer, the commenter shares concerns from some sheriffs and others about the intersection of Emerald and 78, considering it one of the most dangerous intersections in Vista. The commenter states that constructing more housing units near this intersection would create a more hazardous and difficult situation for all concerned. In response, please see Response to Comment I6-3.

Additionally, the Draft MND analyzes the project’s impact on traffic and circulation, based on the Local Transporation Assessment prepared for the project by Linscott , Law, and Greenspan (Appendix E to the MND), and concludes that project impacts related to traffic would be less than significant.

Furthermore, the project would incorporate traffic calming measures, including traffic calming signage and marking to reduce vehicular speed that may be associated with the project. The Project has been designed to incorporate all required Vista Fire Department standards to ensure that its implementation would not result in hazardous design features, or inadequate emergency access to the site or areas surrounding the site. The comment does not raise any specific issues related to the adequacy of the Draft MND and no further response is required.

I6-6 The commenter suggests that if the property owner wants to build, single-family dwellings with larger lots would be more feasible, safer and less impactful to the surrounding neighborhood. In response, as described in the MND, the southern portion of the site is currently designated Medium High Density Residential (MHD) which allows 15 dwelling units per acre (du/acre) and has an associated zoning of Multi-Family Residential (R-M (15)). The land use and zoning designation for the southern portion of the project would remain as is in proposed conditions, as the proposed 14 units on the southern portion of the site would be consistent with the current land use and zoning. The northern portion of the site is currently designated as General Commercial (GC) with an associated zoning designation of C-1 (Commercial) in the Vista General Plan 2030 (City of Vista 2011). The project proposes the site be redesignated to Medium Density Residential (MD) with an associated zoning of Multifamily Residential (R-M (10)). The project would require a General Plan Amendment and Rezone for the northern portion of the project site, which would allow for the development of 24 residential units. A commercial use on the northern portion of the site, as currently zoned for, is anticipated to generate more vehicle trips than the proposed 24 units (please see Response to Comment O1-2). The site design has been revised multiple times based on City comments and comments from the Vista Fire Department. The site has been strategically designed to maximize residential use consistent with the City’s Housing Element and the existing zoning of the southern portion of the site.

I6-7 This concluding comment requests the City consider the points made in this comment letter and not allow building on-site. The comment does not raise any specific issues related to the adequacy of the Draft MND and no further response is required.
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Response to Comment Letter I7
Individual
Steven Harvey
July 25, 2023
I7-1 This comment is an introduction to comments that follow. The commenter states that the notice of intent for a “Mitigated Negative Declaration” for the proposed project simply means that the project is a bad idea with probable negative environmental impacts. The commenter expresses the opinon that the City of Vista will still approve the project based solely on the anticipated increase in tax revenues.

In response, as outlined in the Draft MND, as part of the permitting process under the City of Vista’s (City) Planning Division, the project is required to undergo an environmental review pursuant to the California Environmental Quality Act (CEQA). One of the main objectives of CEQA is to disclose to the public and decision makers the potential environmental effects of proposed activities. CEQA requires that the lead agency prepare an Initial Study (IS) to determine whether an Environmental Impact Report (EIR), Negative Declaration (ND), or a Mitigated Negative Declaration (MND) is needed. A MND means that the City has tentatively concluded that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures have been identified and incorporated into this project and agreed to by the project proponent. Therefore, the project would not have a significant effect on the environment. The City’s Planning Division is the lead agency for the proposed project under CEQA, and it has prepared this MND/IS to evaluate the potential environmental consequences associated with the development. The City of Vista Planning Commission will ultimately review and approve or deny the project during project hearing(s). The comment does not raise any specific issues related to the adequacy of the Draft MND and no further response is required.

I7-2 The commenter, who resides in the Green Valley Mobile Home Park, highlights the existing environmental issues related to Buena Vista Creek, which they describe as overgrown, polluted, a fire hazard, and frequented by the homeless. In response, as shown on the Conceptual Landscape Plans and Open Space Plan (Figures 4a, 4b and 5 of the MND), the project would incorporate a block wall to create separation between the proposed development and the adjacent Buena Vista Creek. The proposed 6-foot block wall at the northernmost boundary of the development footprint would ensure daily residential operations do not encroach into the Buena Vista Creek water bank and Southern arroyo willow riparian forest. Additionally, the project proposes a buffer area with vegetation replanting along the adjacent creek/project boundary line. Project removal of the existing vacant and vandalized structures on-site and development of the proposed project is expected to deter homeless activity in the immediate area. The comment does not raise any specific issues related to the adequacy of the Draft MND and no further response is required.

I7-3 The commenter states that despite Rutherford Investments being the credited owner, the residents of the mobile home park bear the financial burden of paying the land taxes for the property through monthly “pass-throughs” amounting to $57+ per month for each of the 155 residents. The commenter suggest that the collective voices of the mobile home park residents should be of greater concern to the City. The comment speaks of private property rental terms and does not raise any specific issues related to the adequacy of the Draft MND, and no further response is required. 11/14/2023 PH2 157 of 261

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I7-4 The commenter expresses concern that the City and the developer seem unconcerned about the potential human impact, as the Notice of Intent does not mention this concern. In response, the purpose of the Notice of Intent is to notify the public that the City has prepared a MND and that it is available to the public for review. Under CEQA, the MND evaluates the proposed project’s impacts on the environment, specifically the following resource topics: aesthetics, agricultural resources, air quality, biological resources, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, public services, recreation, transportation/traffic, and utilities and service systems. The comment does not raise any specific issues related to the adequacy of the Draft MND and no further response is required.

I7-5 The comment states that the project’s proximity to a 55+ community of seniors poses concerns.

Without a secure entrance, the commenter fears that children from the townhomes will enter the park and disturb the peace and quiet that the senior residents seek. Additionally, the park’s rules prohibit visiting grandchildren from engaging in activities like biking and skateboarding. In response, access for the project would be provided via driveways on South Emerald Drive and Sunset Drive. Three driveways would be constructed. One full access driveway would be located on South Emerald Driveway to provide access to the northern portion of the Project site, and two driveways would be located on Sunset Drive to provide access to the southern portion of the Project site (the southernmost access point would be for emergency access only). The existing entrance/exit to the mobile home community would remain in place. The project would construct a two-way left-turn lane as part of its frontage improvements to allow for turn access to each project driveway. Onsite circulation would consist of a two-lane (one lane per direction) private roads through both the northern and southern portions of the project site. Additionally, the project would incorporate traffic calming measures, including traffic calming signage and marking to reduce vehicular speed that may be associated with the project. The private internal roads within the proposed development as well as the private on-site recreational areas and open space would adequately serve the proposed project residents. A 6-foot block wall would be built along the northern boundary of the site, and a 6-foot concrete masonry units (CMU) wall would be incorporated along the western perimeter of the site. A 6-foot spilt face wall would be built around the perimeter of the southern portion of the site. The comment does not raise any specific issues related to the adequacy of the Draft MND and no further response is required.

I7-6 The commenter raises geological issues affecting the area, including a recent sinkhole incident that displaced some mobile home park residents for several months. The commenter criticizes the notion of building on potentially unstable ground. The comment references a geological report for the Emerald Ridge Townhome project and express concern that ancient landslides on the proposed site may be retriggered during construction. The commenter expresses the opinion that the City is motivated primarily by increasing tax revenues. In response, GEOCON, the geotechnical report preparer for the proposed project has reviewed the incident referenced by the commenter and understands an existing ascending slope is located to the southeast of Sky Haven Drive, where the proposed adjacent Cielo Living Project would be located. This slope is not part of the proposed project site, and the proposed project would not affect the stability of this existing slope or adjacent properties, as the proposed project site is relatively flat and grading offsite is not planned. The Cielo Living Project is currently stalled and may not occur within the near-term period. The project’s impacts related to geology and soils is analyzed in Section VII of the MND. Project impacts related to landslides, lateral spreading, subsidence, liquefaction and/or collapse was determined to be less than significant. 11/14/2023 PH2 158 of 261

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I7-7 The commenter states that the proposed roadway improvements would not benefit the mobile home park’s access, arguing that it will only result in increased traffic from College Avenue via Sky Haven Lane and Melrose Drive via Sunset Drive. The commenter highlights the issue of excessive traffic speeds in the area due to its topography and the potential hazards for residents exiting the park. In response, as described in the Draft MND, the proposed adjacent Cielo Living Project proposes to signalize the Sunset Drive / Sky Haven Lane intersection which would also provide a controlled crossing location. However, the understanding now is that the nearby Cielo Living Project has been stalled and may not occur within the near-term period. The near-term intersection analysis in the Local Transportation Assessment (LTA), prepared for the proposed project, assumed the Cielo Living Project proposed improvements at the Sunset Drive/Sky Haven Lane intersection. Therefore, a Transportation Assessment Addendum was prepared for the project on August 10, 2023 to conduct a transportation assessment of the Sunset Drive/Sky Haven Lane intersection under the near-term scenarios without the Cielo Living Project proposed improvements to determine if the intersection operation would remain at a no substantial effect level. As outlined in the Transportation Assessment Addendum (Appendix H to the Final MND), based on the City of Vista’s improvement thresholds, no significant impacts are identified as a result of project implementation without the Cielo Living Project roadway improvements. The proposed project would add less than 2 seconds of average vehicle delay during the AM peak hour, where it is calculated to operate at LOS E. The project would add only five (5) AM and seven (7) PM peak hour trips to the Sunset Drive/Sky Haven intersection, which is determined to be within the day to day fluctuation in traffic. Therefore, it was determined that no further improvements are required by the project. However, as outlined in the MND, the project would still construct a sidewalk, curb and gutter along the project frontage; as well as a two-way left-turn lane as part of its frontage improvements to allow for left turn access to each project driveway and the Green Valley Mobile Home driveway outside of the thru lanes.

Additionally, the project’s proposed traffic calming measures, including traffic calming signage and marking to reduce vehicular speed that may be associated with the project, would further address existing and proposed traffic concerns in the area. The Project has been designed to incorporate all required Vista Fire Department standards to ensure that its implementation would not result in hazardous design features, or inadequate emergency access to the site or areas surrounding the site.

I7-8 The commenter expresses concerns related to the construction of the project, which will impact the serenity and health needs of all Green Valley Mobile Home Park residents. The comment states that emergency personnel frequently visit the park and any disruptions to the park’s only entrance and exit could result in life-threatening delays. In response, as outlined in Sections IX, XV, and XVII of the MND, the Project has been designed to incorporate all required Vista Fire Department standards to ensure that its implementation would not result in hazardous design features, or inadequate emergency access to the site or areas surrounding the site. Prior to final Project approval, the City’s Fire Marshall would verify that the Project has been designed to conform to code, including the emergency access gate on Sunset Drive. Also, applicable development impact fees would help to ensure funding continues to be provided to the Vista Fire District. The project would not require the full closure of any public or private streets or roadways during construction or operations and would not impede access of emergency vehicles to the project site or any surrounding areas.

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Mitigation Monitoring and
Reporting Program
Sunset Drive Townhomes
Project
JUNE 2023
Prepared for:

CITY OF VISTA
200 Civic Center Drive
Vista, California 92084
Contact: Christopher Winters
Prepared by:

605 Third Street
Encinitas, California 92024
Contact: Vanessa Scheidel

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Printed on 30% post-consumer recycled material.

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SUNSET DRIVE TOWNHOMES PROJCT 14346
JUNE 2023 MMRP-1
Mitigation Monitoring and Reporting Program
Introduction
This mitigation monitoring and reporting program (MMRP) was prepared by the City of Vista for the Sunset Drive Townhomes Project (project or proposed project) to comply with Public Resources Code Section 21081.6(a)(1), which requires public agencies to adopt such programs to ensure effective implementation of mitigation measures.

This monitoring program is dynamic in that it will undergo changes as additional mitigation measures are identified and additional conditions of approval are placed on the project throughout the project approval process.

Public Resources Code section 21081.6 requires monitoring of only those impacts identified as significant or potentially significant. The monitoring program does not address impacts for issues where no mitigation is available and therefore remain unmitigable.

Summary of Mitigation Measures
Table 1 summarizes the mitigation measures identified in the Mitigated Negative Declaration (MND). All the mitigation measures identified in the MND are recommended as conditions of project approval and are stated herein in language appropriate for such conditions.
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Table 1. Mitigation Monitoring and Reporting Program
Mitigation Measure
Time Frame of Mitigation Monitoring
Reporting
Agency
Time Frame for Verification
Frequency
Date of
Completion
Date of
Verification Planning
Pre -
Const.

During
Const.

Post
Const. Monitor Report
Biological Resources
MM-BIO-1: The applicant shall mitigate for impacts to Diegan coastal sage scrub at a 1:1 ratio through the purchase of coastal sage scrub credits at a local mitigation bank; or, the project provides for restored coastal sage scrub along the Buena Vista Creek project buffer area at a 1:1 ratio. X Applicant/
Qualified
Biologist/
City Planning

MM-BIO-2: The clearing and grubbing of, and construction adjacent to, sensitive habitats shall occur outside of the breeding season for general birds, including raptors (January 15 to September 15). The City may waive this condition, provided that the following additional avoidance measures are taken. If the construction activities cannot avoid the bird breeding season, a qualified biologist shall be retained to conduct a pre-construction nesting bird survey within seven days prior to the activities to confirm the presence or absence of active bird nests. If no active bird nests are found by the qualified biologist, then the activities shall proceed with the reassurance that no violation to the MBTA and CFGC would occur. If an active bird nest is found by the qualified biologist, then vegetation removal and/or trimming activities at the nest location and within 300 feet for passerine birds and 500 feet for raptors shall not be allowed to occur until the qualified biologist has determined that the nest is no longer active. Buffers may be reduced only at the discretion of the qualified biologist, depending on the bird species and construction/vegetation removal activities required in the vicinity of the active nest.

X
Applicant/
Qualified
Biologist/
City Planning
January 15 to
September 15,
should
construction
occur within
the breeding
season, and/or
pre-
construction
survey within 7
days prior to
ground
disturbing
activites.

Cultural Resources
MM-CUL-1: Cultural resource mitigation monitoring shall be conducted on the site to provide for the identification, evaluation, treatment, and protection of any cultural resources that are affected by or may be discovered during the construction of the proposed project. The monitoring shall consist of the full-time presence of a Qualified Archaeologist and a traditionally and culturally affiliated (TCA) Native American Monitor associated with a TCA tribe for, but not limited to, any clearing or grubbing of vegetation, tree removal, demolition and/or removal of remnant foundations, pavements, abandonment and/or installation of infrastructure; grading or any other ground disturbing or altering activities, including the placement of any imported fill materials (note: all fill materials shall be absent of any and all cultural resources); and any related road improvements, including, but not limited to, the installation of infrastructure, realignments, and/or expansions to parking lots. Other tasks of the monitoring program shall include the following:
a. The requirement for cultural resource mitigation monitoring shall be noted on all applicable construction documents, including demolition plans, grading plans, etc. b. The Qualified Archaeologist and TCA Native American Monitor shall attend at least one pre-construction meeting with the Contractor and/or associated Subcontractors (e.g., Grading Contractor) and a representative from the City of Vista’s Engineering or Community Development departments to present the archaeological monitoring program as presented in these measures. c. The Qualified Archaeologist shall maintain ongoing collaborative consultation with the TCA Native American Monitor during all ground disturbing or altering activities, as identified above. The Contractor or X
Qualified
Archaeologist/
TCA Native
American
Monitor/
Contractor/City
Director of
Community
Development &
Engineering
During any
clearing or
grubbing of
vegetation, tree
removal,
demolition
and/or removal
of remnant
foundations,
pavements,
abandonment
and/or
installation of
infrastructure;
grading or any
other ground
disturbing or
altering
activities.

X
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Table 1. Mitigation Monitoring and Reporting Program
Mitigation Measure
Time Frame of Mitigation Monitoring
Reporting
Agency
Time Frame for Verification
Frequency
Date of
Completion
Date of
Verification Planning
Pre -
Const.

During
Const.

Post
Const. Monitor Report
Grading Contractor shall notify the Director of Community Development & Engineering, preferably through e-mail, of the start and end of all ground-disturbing activities. d. The Qualified Archaeologist and/or TCA Native American Monitor may halt ground-disturbing activities if archaeological artifact deposits or cultural features are discovered. In general, ground-disturbing activities shall be directed away from these deposits for a short time to allow a determination of potential significance, the subject of which shall be determined by the Qualified Archaeologist and the TCA Native American Monitor. If a determination is made that the unearthed artifact deposits or tribal cultural resources are considered potentially significant, the consulting TCA Tribe(s) shall be notified and consulted in regards to the respectful and dignified treatment of those resources. Ground disturbing activities shall not resume until the Qualified Archaeologist, in consultation with the TCA Native American Monitor, deems the cultural resource or feature has been appropriately documented and/or protected. At the Qualified Archaeologist’s discretion, the location of ground disturbing activities may be relocated elsewhere on the project site to avoid further disturbance of cultural resources. e. The avoidance and protection of discovered unknown and significant cultural resources and/or unique archaeological resources is the preferable mitigation for the proposed project. If avoidance is not feasible, culturally appropriate treatment of those resources, including but not limited to funding an ethnographic or ethnohistoric study of the resource(s), and/or developing a data recovery plan may be authorized by the City as the Lead Agency under CEQA. If data recovery is required, then the consulting TCA Tribe(s) shall be notified and consulted in drafting and finalizing any such recovery plan.

MM-CUL-2: Prior to the submission of a grading plan to City staff for review, the Applicant or Owner, and/or Contractor shall enter into a Pre-Excavation Agreement with a Traditionally and Culturally Affiliated Native American Tribe (“TCA Tribe”). A copy of the agreement shall be included in the grading plan submission. The purpose of this agreement shall be to formalize protocols and procedures between the Applicant or Owner, and/or Contractor, and the TCA tribe for the protection and treatment of, including but not limited to, Native American human remains, funerary objects, cultural and religious landscapes, ceremonial items, traditional gathering areas and cultural items, located and/or discovered through a monitoring program in conjunction with the construction of the proposed project, including additional archaeological surveys and/or studies, excavations, geotechnical investigations, off-site infrastructure installation, grading, and all other ground disturbing activities.

X Applicant/
City Planning
Pre-Excavation
Agreement with
a TCA Tribe prior
to the
submission of a
grading plan to
City staff.

MM-CUL-3: Prior to the release of the Grading Bond, a Monitoring Report and/or Evaluation Report, which shall comply with Government Code Section 6254(r), shall be submitted by the Qualified Archaeologist, along with the TCA Native American Monitor’s notes and comments, to the City Planner for the project administrative record.

X
Qualified
Archaeologist
/TCA Native
American
Monitor/
City Planning

Prior to the
release of the
Grading Bond

MM-CUL-4: All cultural materials that are associated with burial and/or funerary goods shall be repatriated to the Most Likely Descendant as determined by the Native American Heritage Commission (NAHC) per California Public Resources Code Section 5097.98. X Qualified
Archaeologist/
TCA Native
American
Monitor/NAHC
During
construction
(if applicable)
During
construction
(if applicable)

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MITIGATION MONITORING AND REPORTING PROGRAM
SUNSET DRIVE TOWNHOMES PROJCT 14346
JUNE 2023 MMRP-5
Table 1. Mitigation Monitoring and Reporting Program
Mitigation Measure
Time Frame of Mitigation Monitoring
Reporting
Agency
Time Frame for Verification
Frequency
Date of
Completion
Date of
Verification Planning
Pre -
Const.

During
Const.

Post
Const. Monitor Report
MM-CUL-5: Recovered cultural material of historic significance, but not of tribal significance, shall be curated with accompanying catalog, photographs, and reports to a San Diego curation facility that meets federal standards per 36 CFR Part 79. Materials of Native American origin should be catalogued in the field by the archaeologist with the TCA monitor present. No materials are to leave the project site. The cultural material can then be returned to the Tribe(s) for reburial on the project site as detailed below. Recovered cultural material of tribal cultural significance shall be repatriated as stipulated in the pre-excavation agreement as described in CR-2. Onsite Resource Reburial: Upon completion of all ground-disturbing and grading activities on the Project site, the TCA monitor and representatives from the Tribe(s) will rebury any resources recovered from the Project site in an open space area that will remain free from any active recreational uses or any further excavation or ground disturbance. Any reburial site shall be culturally appropriate and explicitly approved in writing by the consulting Tribe(s). The reburial location will be covered first by a layer of geomat and then backfilled with clean fill dirt. Once reburial activities are completed, the site will be protected via a restrictive covenant or similar deed restriction that prohibits future excavation or disturbance of the reburial location.

X X X
Qualified
Archaeologist
/TCA Native
American
Monitor/
City Planning
Onsite
Resource
Reburial: Upon
completion of
all ground-
disturbing and
grading
activities on the
Project site
(if applicable)
At the time of
the finding and
as determined
by NAHC
(if applicable)

MM-CUL-6: As specified by California Health and Safety Code Section 7050.5, if human remains are found on the project site during construction or during archaeological work, the person responsible for the excavation, or his or her authorized representative, shall immediately notify the San Diego County Coroner’s office by telephone. No further excavation or disturbance of the discovery or any nearby area reasonably suspected to overlie adjacent remains (as determined by the Qualified Archaeologist and/or the TCA Native American monitor) shall occur until the Coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code 5097.98. If such a discovery occurs, a temporary construction exclusion zone shall be established surrounding the area of the discovery so that the area would be protected (as determined by the Qualified Archaeologist and/or the TCA Native American monitor), and consultation and treatment could occur as prescribed by law. As further defined by State law, the Coroner would determine within two working days of being notified if the remains are subject to his or her authority. If the Coroner recognizes the remains to be Native American, he or she shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission would then make a determination as to the Most Likely Descendent. If Native American remains are discovered, the remains shall be kept in situ (“in place”), or in a secure location in close proximity to where they were found, until after the Medical Examiner makes its determination and notifications, and until after the Most Likely Descendant is identified. The analysis of the remains shall only occur on-site in the presence of a Most Likely Descendant. The specific locations of Native American burials and reburials will be proprietary and not disclosed to the general public. According to California Health and Safety Code, six or more human burials at one location constitute a cemetery (Section 8100), and disturbance of Native American cemeteries is a felony (Section 7052). In the event that the project proponent and the MLD are in disagreement regarding the disposition of the remains, State law will apply, and the mediation process will occur with NAHC. In the event that mediation is not successful, the landowner shall rebury the remains at a location free from future disturbance (see Public Resources Code Section 5097.98(e) and 5097.94(k)).

X
Qualified
Archaeologist/
Contractor/
TCA Native
American
Monitor/
City Planning
During
construction,
immediately
notify the San
Diego County
Coroner’s office
by telephone.

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MITIGATION MONITORING AND REPORTING PROGRAM
SUNSET DRIVE TOWNHOMES PROJCT 14346
JUNE 2023 MMRP-6
Table 1. Mitigation Monitoring and Reporting Program
Mitigation Measure
Time Frame of Mitigation Monitoring
Reporting
Agency
Time Frame for Verification
Frequency
Date of
Completion
Date of
Verification Planning
Pre -
Const.

During
Const.

Post
Const. Monitor Report
Geology and Soils
MM-GEO-1: Prior to the issuance of a Grading Permit, the City or Grading Contractor shall provide written evidence to the Director of Community Development that the Contractor has retained a City- approved Qualified Paleontologist to monitor all earth‐disturbing activities within areas where the underlying formation consists of Santiago Formation. Prior to the release of the grading bond, a post-construction monitoring report shall be prepared and submitted to the Director of Community Development. All fossil materials recovered during mitigation monitoring shall be cleaned, identified, cataloged, and analyzed in accordance with standard professional practices.

The results of the field work and laboratory analysis shall be included in the post-construction monitoring report (including a finding of no impact), and the entire collection transferred to an approved facility.

X X
Applicant/
Contractor
Qualified
Paleontologist/
City Planning
Prior to the
issuance of a
Grading Permit,
the City or
Grading
Contractor shall
provide written
evidence to the
Director of
Community
Development
that the
Contractor has
retained a City-
approved
Qualified
Paleontologist
to monitor all
earth‐
disturbing
activities within
areas where
the underlying
formation
consists of
Santiago
Formation.

Prior to the
release of the
grading bond, a
post-
construction
monitoring
report shall be
prepared and
submitted to the
Director of
Community
Development.

Hazards and Hazardous Materials
MM-HM-1: During grading operations, observations shall be made by onsite construction personnel during any future ground disturbing activities for areas of possible contamination such as, but not limited to: the presence of underground facilities, buried debris, waste drums or tanks, or odorous soils. Should such materials be encountered, disposal shall occur in accordance with City, County of San Diego, and State and federal regulations.

Applicant/
Contractor

During grading
operations
Noise
MM-NOI-1: Implementation of the following multi‐part mitigation measure shall be required to reduce potential construction period noise impacts:
• Administrative controls (e.g., reduce operating time of equipment and/or prohibit usage of equipment type[s] within certain distances).
• Engineering controls (upgrade noise controls, such as install better engine exhaust mufflers).

X X
Applicant/
Contractor/
City Planning
Outset of a
project
construction
activity
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SUNSET DRIVE TOWNHOMES PROJCT 14346
JUNE 2023 MMRP-7
Table 1. Mitigation Monitoring and Reporting Program
Mitigation Measure
Time Frame of Mitigation Monitoring
Reporting
Agency
Time Frame for Verification
Frequency
Date of
Completion
Date of
Verification Planning
Pre -
Const.

During
Const.

Post
Const. Monitor Report
• Install noise abatement on the site boundary fencing (or within, as practical and appropriate) in the form of sound blankets or comparable temporary barriers (e.g., stacked sheets of plywood supported with framing) to occlude construction noise emission between the site (or specific equipment operation as the situation may define) and offsite noise-sensitive receptor(s) of concern. • At the outset of a project construction activity, an unattended noise level monitor might be deployed onsite to measure and document that noise exposure levels attributed to project construction activity at adjacent offsite sensitive receptors are in conformance with the 75 dBA 8 hour Leq threshold.

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P22-0182 RESO SDP
RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF

VISTA, CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT,

TENTATIVE SUBDIVISION MAP, SITE DEVELOPMENT PLAN, AND

CONDOMINIUM HOUSING PERMIT TO ALLOW FOR THE CONSTRUCTION OF 38 CONDOMINIUM RESIDENCES AND ASSOCIATED SITE
IMPROVEMENTS ON A 4.3-ACRE SITE LOCATED AT 2112 SUNSET DRIVE (APNS 166-450-39, 166-450-40, AND 166-751-44)
APPLICANT: LEGACY PARTNERS
PLANNING CASE NO. P22-0182
The City Council of the City of Vista does resolve as follows:

1. Findings. The City Council hereby finds and declares the following:

A. The applicant, Legacy Partners, has submitted an application for a General Plan Amendment from General Commercial (GC) to Medium Density Residential (MD), a Zone Change from the C-1 Commercial Zone to the R-M (10) Multi- Residential Zone, a Tentative Subdivision Map, Site Development Plan, and Condominium Housing Permit to develop 38 condominium residences and associated site improvements on a 4.3-acre site located at 2112 Sunset Drive; B. The property for which the approvals are requested is more specifically described as follows:

A 4.3-acre site located on the west side of S. Emerald Drive/Sunset Drive, addressed as 2112 Sunset Drive, and also known as Assessor’s Parcel Numbers 166- 450-39, 166-450-40, and 166-751-44 (the General Plan Amendment and Zone Change only apply to parcels 166-450-39 and 166-751-44).

C. On October 17, 2023, the Planning Commission adopted Planning Commission Resolution 2023-22, recommending City Council adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for this project with the finding that there is no substantial evidence in the record before it that the project, if mitigated as proposed in the Mitigation Monitoring and Reporting Program, may have a significant impact on the environment.

D. Following the recommendation of the Planning Commission, the General Plan Amendment, Zone Change, Tentative Subdivision Map, Site Development Plan, and Condominium Housing Permit will be presented to the City Council for a final decision.

E. On October 17, 2023, pursuant to chapters 1848, 18.50 and 18.80 of the Development Code, the Planning Commission held a duly noticed public hearing to consider the request to recommend approval of the General Plan Amendment, Zone 11/14/2023 PH2 170 of 261
EXHIBIT 2

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Change, Tentative Subdivision Map, Site Development Plan, and Condominium Housing Permit.

F. At the public hearing staff reports both written and oral were received in evidence, and all persons desiring to speak on the project were heard. At the conclusion of said hearing, after consideration of all evidence presented, the Planning Commission made certain findings and reached a decision on the project as hereinafter set forth.

2. Action.

A. The above recitations are true and correct.

B. This Resolution constitutes the report required by Government Code Section 65855.

C. For the following reasons, the City Council hereby amends the General Plan Map Land Use designation for two parcels (APNs 166-450-39 and 166-751-44) that make up the northern 3.1 acres of the Sunset Drive Townhomes Project:

1. The General Plan, Land Use and Community Identity (LUCI) Element, Goal 2 promotes the preservation and enhancement of neighborhoods that share common development patterns, topography, major streets, and zoning patterns.

The proposed project would help to preserve and enhance the existing residential neighborhoods east, west, and south of the project site by developing 38 townhomes that would be a compatible land use with the existing residential uses that neighbor the project site. Additionally, the project proposes a density of 9 units per acre, which is comparable to the adjacent mobile home parks that were developed at a density of approximately 8 dwelling units per acre. Also, the project would involve the demolition of an uninhabited, dilapidated home and accessory structures that have resulted in nuisance conditions (trespassing, vandalism) on the property that is proposed for development, thereby protecting and enhancing the existing neighborhood.

Furthermore, the project would improve the existing public roadway (S. Emerald Drive/Sunset Drive) by installing a two-way left turn lane, frontage improvements, and traffic calming measures, thereby providing traffic improvements that would benefit existing land uses in the surrounding area.

2. General Plan LUCI Goal 3 promotes the protection of residential neighborhoods from land uses that may have an adverse impact upon the enjoyment of the residential living environment. The proposed General Plan Amendment and corresponding Zone Change would allow for residential development on the northern portion of the project site that is currently zoned for commercial land uses. This area is primarily surrounded by residential development that is physically separated from commercial land uses located to the north by the Buena Vista Creek open space area.

The proposed residential development would provide a more compatible land use with the existing residential communities located south of Buena Vista Creek, while 11/14/2023 PH2 171 of 261

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implementing development standards including building height limit and setbacks that will minimize impacts to adjacent properties. Additionally, the project will include street trees and associated landscaping to beautify the surrounding area, and the project will provide sufficient off-street parking to serve the proposed residential development, to further minimize impacts to the surrounding residential neighborhoods.

3. The proposed development furthers Goal 2.0 of the General Plan Housing Element, to encourage a wide range of housing types and prices to meet the existing and future needs of Vista residents, by providing additional housing resources for the community in the form of attached condominium townhomes that are generally more affordable than detached single-family residential development.

D. The City Council hereby makes the following findings with regard to the proposed Site Development Plan:

1. The project conforms to the following:

a. All applicable elements of the General Plan, Development Code regulations, Design Review Manual, including the community’s goals and objectives as established by said documents, and other applicable City codes, ordinances and policies, state laws and applicable safety codes.

i. The proposed and existing General Plan Land Use
designations for the project site (R-M (10), northern portion of the site, and R-M (15), the southern portion of the site) allow for attached multi-family residential development such as patio homes, townhomes, and apartment-style development in order to provide a range of higher density housing types within the City, provided that the design of such development is compatible with adjacent land uses and includes sufficient open space.

The proposed project consists of attached townhomes with a total of 38 dwelling units on a 4.3-acre site at an average density of 9 units per acre, which would conform to the proposed amendment to the General Plan and furthers Goal 2.0 of the General Plan Housing Element to encourage a wide range of housing types and prices to meet the existing and future needs of Vista residents. The project also supports LUCI Goal 2 which promotes the preservation and enhancement of neighborhoods that share common development patterns because the proposed project would help to preserve and enhance the existing residential neighborhoods east, west, and south of the project site by developing 38 townhomes that would be a compatible land use with the existing residential uses that neighbor the project site. Also, the project site is nearby residential development of similar density, and the project is required to comply with the open space requirements prescribed under the Development Code. Therefore, the project design will be compatible with adjacent land uses and includes sufficient open space.

ii. The project, as proposed and as modified by the
Conditions of Approval in Exhibit “A”, including CEQA mitigation measures, meets the development standards established for the R-M (Multi-Residential) Zone, including density, building height restrictions, setback requirements, parking, landscaping, open 11/14/2023 PH2 172 of 261

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space, and lighting.

iii. The proposed project is consistent with the
requirements of the Design Guidelines because the design of the project incorporates the use of various materials and decorative elements to provide an attractive architectural design including varied roof lines, concrete tile roofing, stucco finished exterior walls with trim details, accent colors, wood shutters, decorative tile accents to select doors and windows, wrought iron railing, and other design details. The project also provides sufficient common open space area amenities to satisfy the requirements specified in the Design Guidelines for multi-family residential projects.

iv. All construction on the site will be required to conform to the applicable building and safety regulations.

b. The proposed project complies with any conditions of approval that have been levied as a result of any previous discretionary approval(s).

i. There are no prior conditions of approval or project requirements applicable to the project.

c. The proposed project, as conditioned, includes the required on- and off-site improvements to implement the purpose and intent of the Development Code and the City’s design and development standards.

ii. The project provides adequate parking and
associated facilities to accommodate the proposed land use onsite in accordance with the Development Code standards.

iii. All required on- and off-site improvements are either included in the project design or imposed as Conditions of Approval in Exhibit A.

D. The City Council makes the following findings regarding the Tentative Subdivision Map and Condominium Housing Permit:

1. The project conforms to the following:

a. The proposed map is consistent with the General Plan of the City of Vista, and every element thereof, for the following reasons:

i. The southern portion of the site is currently
designated as Medium High Density Residential (MHD) by the Vista General Plan 2030, which allows 15 dwelling units per acre. The existing zoning is R-M (15) (Multi-Family Residential). These land use and zoning designations would remain as established.

Since this portion of the site is approximately 1.2 acres, the construction of 14 townhomes would result in a density of approximately 12 units per acre, which would be consistent with the density allowed by the General Plan designation. The northern 11/14/2023 PH2 173 of 261

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portion of the site is currently designated as General Commercial (GC) by the Vista General Plan 2030, with a corresponding zoning as C-1 (Commercial) Zone. Since this portion of the site is approximately 3.1 acres in size, the construction of 24 townhomes would result in a density of approximately 8 units per acre which would be consistent with the proposed Medium Density Residential (MD) land use designation and the corresponding zoning of R-M (10). Therefore, upon approval of the proposed General Plan Amendment to MD, the proposed project density, inclusive of both the north and south project areas, would conform to the General Plan.

ii. The Land Use and Community Identity (LUCI)
Element of the General Plan identifies specific goals intended to protect community character, provide for quality design, and to provide a variety of housing types that will provide for the diverse needs of the City’s residents. The proposed map enables a project that fulfills these goals by contributing to the range of housing types within the City’s overall housing supply that will support a variety of income and age groups. Also, the proposed map will enable the development of condominium townhomes of quality design which will contribute to the community character in that vicinity, while ensuring compatible architectural design to existing development surrounding and nearby the project site.

b. The design and improvements of the proposed subdivision are compatible with the Vista General Plan for the following reason:

i. The design and improvements meet the criteria of
Development Code Titles 16, 17, and 18 to implement the General Plan. Construction of the project requires compliance with Title 16 Building and Construction, and the California Building Code. Construction drawings must be reviewed and approved through the City’s permit application, plan check, and inspection process. The proposed project must comply with Title 17, Section 17.16.024 which requires installation of public improvements and utility distribution facilities to serve the proposed subdivision. The project has been reviewed for conformance with the requirements of Section 17.16.024 and is subject to conditions of approval that will ensure that the improvements necessary to serve the project are installed in compliance with city standards. Individual building permits will be required for the construction of each condominium townhome, at which time the construction drawings shall be reviewed for compliance with the development standards required by Title 18, Zoning.

c. The site is physically suitable for the type of development for the following reason:

i. The land area and topography will support the 38
condominium residences and associated roadway improvements proposed by the Tentative Subdivision Map.

ii. Although a majority of the northern portion of the
project site is located within a 100-year floodplain, the project conditions of approval 11/14/2023 PH2 174 of 261

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require that the construction shall comply with applicable floodplain management regulations prescribed by local, state, and federal law (including the California Building Code), which provide standards for preventing and reducing flood loss and damage.

d. The site is suitable for the proposed density of development for the following reason:

i. The average density of the proposed project is
approximately 9 dwelling units per acre. The project proposes densities of 8 units per acre on the northern portion of the site and 12 units per acre on the southern portion of the site, which will not exceed the maximum densities allowed by the R-M (10) and R-M (15) Multi-Family Residential zones, respectively. Therefore, the project complies with the allowable density.

e. The design of the subdivision or the proposed improvement are not likely to cause substantial environmental damage, or substantially and avoidably injure fish, wildlife, or other habitat for the following reason:

i. The project site is essentially an in-fill development surrounded by existing comparable residential development (mobile home parks) to the east and west, and retail commercial land uses to the north. Approval of the project, as mitigated by the Mitigation Monitoring and Reporting Program and conditioned in the Conditions of Approval in Exhibit A, would not result in significant effects, including those related to noise, air quality, or water quality and the site is adequately served by all required public utilities and services.

f. The design of the subdivision or the type of improvements is not likely to cause serious public health problems for the following reasons:

i. Adequate public services, including emergency
services, and utilities, including sewer service, will be extended to the project to ensure no public health problems occur as a result of the subdivision.

ii. The road improvements as proposed and imposed by
the Conditions of Approval meet City standards.

g. The design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgement acquired by the public at large for access through, or use of property within the proposed subdivision for the following reason:

i. All such easements identified on the project’s
Tentative Subdivision Map shall be relocated or reserved from development.

h. All requirements of CEQA have been met.

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i. A Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program has been prepared for the project, which evaluates the environmental impacts of the proposed project under CEQA. All mitigation measures required under the Mitigation Monitoring and Reporting Program are included in the Conditions of Approval, as set forth in Exhibit A.

E. The above findings satisfy all of the requirements of the Subdivision Map Act and Title 17 of the City’s Development Code.

F. In view of the above findings and the applicable law, the City Council hereby approves the General Plan Amendment, Site Development Plan, Tentative Subdivision Map, and Condominium Housing Permit to develop 38 condominium residences and associated site improvements on a 4.3-acre vacant site located at 2112 Sunset Road (Planning Case No. P23-0182), a copy of which is attached hereto as Exhibit B, subject to the Conditions of Approval in Exhibit A to this Resolution.

G. The applicant must execute a written acceptance of these Conditions of Approval in Exhibit A to this Resolution no later than thirty (30) days after the permit is approved or the permit shall become null and void.

I. Failure to abide by and faithfully comply with any and all conditions of approval included in Exhibit "A" may constitute grounds for revocation of the approvals by the Planning Commission.

(Continued on Next Page)

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3. Adoption. PASSED AND APPROVED at a regular meeting held on the 14 th day of November, 2023, by the Vista City Council by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY

By:

JOHN FRANKLIN, MAYOR

ATTEST:

KATHY VALDEZ, CITY CLERK

By:

Exhibits:

A. Conditions of Approval
B. Project Plans
C. General Plan Amendment Map

APPROVED
Walter C. Chung
20231103155334

11/14/2023 PH2 177 of 261

1 P22-0182
EXHIBIT “C”

CONDITIONS OF APPROVAL
P22-0182
Legacy Partners
PROJECT: A Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, General Plan Amendment, Zone Change, Tentative Subdivision Map, Site Development Plan, and Condominium Housing Permit to allow for the construction of 38 condominium residences and associated site improvements on a 4.32-acre site located at 2112 Sunset Drive (APNs 166-450-39, 166-450-40, and 166-751-44).

CONDITIONS ADDED BY THE PLANNING COMMISSION AT THE PUBLIC HEARING HELD ON 10/17/2023 ARE SHOWN BELOW IN BOLD/UNDERLINE FORMAT.

A.SCOPE OF PROJECT
This project consists of 38 condominium units and associated onsite and offsite improvements, which shall conform to Exhibit “B”.

B.APPLICABLE REGULATIONS

1.Where not otherwise specified, this project shall be subject to the regulations of the City of Vista Municipal and Development Codes as well as other applicable local, State and Federal regulations.

2.Prior to any construction on the site, all required permits shall be obtained.

C.SITE DEVELOPMENT PLAN

1.Prior to any building permit issuance, a final Site Development Plan site plan shall be signed by representatives of the Planning Division and Engineering, Fire and Public Works Departments. The site plan shall not be signed until all conditions precedent to issuance of a building permit have been completed.

2.The final site plan shall show compliance with all conditions and other applicable regulations.

D.PHASING OF SITE DEVELOPMENT PLAN

1.This project may not be phased and must be constructed as per Exhibit “B”.

E.EXPIRATION OF SITE DEVELOPMENT PLAN/TENTATIVE SUBDIVISION MAP

1.This Tentative Subdivision Map shall expire at 11:59 p.m. on the third anniversary of the date of adoption of this Resolution unless a Final Map is recorded or a building permit is issued.

2.Two one-year extensions may be granted by the City Planner.

F.BUILDING AND STRUCTURAL

1.All construction and designs are to comply with the model codes in effect at the time a permit application is filed, and plans submitted for plan check. 11/14/2023 PH2 178 of 261

2 P22-0182

2. The buildings must be provided with an automatic sprinkler system complying with NFPA13-R.

3. The project needs to comply with the accessibility requirements of chapter 11A and 11B.

4. All common walls to be of 1-hr construction with an STC rating of 50.

G. PUBLIC WORKS

1. Manhole locations shall be designed to allow for Public Works access for service and cleaning at all times, 24 hours/day, 7 days/week.

H. LAND DEVELOPMENT ENGINEERING

1. General
a. With the exception of the access points shown on the Tentative Map (P22- 0182), vehicular access rights Sunset Drive Shall be relinquished to the City from all abutting lots.

b. A Final Map shall be prepared by a Registered Civil Engineer or Licensed Land Surveyor and shall be in accordance with the approved Tentative Parcel Map, the Subdivision Map Act and Vista Development Code Title 17, Chapter 17.64, and shall be subject to approval by the City Engineer.

c. Prior to acceptance of any building plans, the grading and public improvement plan sets shall be submitted for the second plan check and deemed substantially complete by the City Engineer. Prior to issuance of any building permits, the public improvement plans shall be approved by the City Engineer and bonded for.

d. A Homeowners Association “HOA” shall be formed for this project to address the maintenance of private facilities including the frontage streetlights along Sunset Drive within the City right of way. The owner/developer shall submit the disclosure together with two sets of CC&Rs and the Final Map to the City Engineer for review prior to the approval of the grading plan. The CC&R’s shall be recorded immediately after the Final Map recordation. The CC&R’s shall address the maintenance of open space areas, down-sloped areas visible from a collector level or above roadway not readily maintained by the property owner, private street(s), streetlights, monument signage, common area (and inaccessible non-common area) landscaping, private drainage systems (including detention basins), BMP’s, access roads, streetlights, gates, and perimeter fencing. The CC&R submittal shall include a spreadsheet noting each applicable condition of approval and the page within the CC&R’s where the item is addressed. These areas shall be indicated on the grading plan and maintained by the owner/developer, a “HOA”, or a management company. The open space and common areas maintained by “HOA” shall be shown on the Final Map.
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e. The approval of the Tentative Map shall not mean that closure, vacation

or abandonment of any public street, right of way, easement, or facility is granted or guaranteed to the applicant. Section 66434(g) or 66445(j) of the Government Code may be applied at the discretion of the City Engineer. If not applied, the applicant is responsible for applying for all closures, vacations, and abandonments as necessary. The application(s) for such actions shall be reviewed and approved or rejected by the City under separate process per codes, ordinances, and policies in effect at the time of the application.

f. Where proposed off-site improvements, including but not limited to slopes, public utility facilities, and drainage facilities, are to be constructed, the applicant shall, at his own expense, obtain all necessary easements or other interests in real property and shall dedicate the same to the City as required. The applicant shall provide documentary proof satisfactory to the City that such easements or other interest in real property have been obtained prior to the approval of the parcel map. Additionally, the City, may at its sole discretion, require that the applicant obtain at his sole expense a title policy insuring the necessary title for the easement or other interest in real property to have vested with the City of Vista or the applicant, as applicable.

g. The applicant shall obtain any necessary permits and clearances from all public agencies having jurisdiction over the project due to its type, size, or location, including but not limited to the U. S. Army Corps of Engineers, California Department of Fish & Game, U. S. Fish and Wildlife Service and/or San Diego Regional Water Quality Control Board (including NPDES), San Diego County Health Department, prior to the issuance of grading permits.

h. This project shall provide year-round erosion control including measures for the site required for the phasing of grading. Prior to the issuance of grading permit, an erosion control plan, designed for all proposed stages of construction, shall be reviewed, secured by the applicant with cash securities and approved by the City Engineer. Additionally, the project applicant shall submit a Creek Protection Plan for review and approval by the City. The Plan shall be included with the erosion control plan set of project drawings submitted to the City for site improvements. Creek protection shall be implemented during construction to protect the creek.

The City may require that a qualified consultant (paid for by the project applicant) inspect the erosion control measures and submit a written report of the adequacy of the control measures to the City. If measures are deemed inadequate, the project applicant shall develop and implement additional and more effective measures immediately as approved by the City Engineer.

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i. The drainage design on the Tentative Map is conceptual only. The final design shall be based upon a hydrologic/hydraulic study to be approved by the City Engineer during final engineering. All drainage picked up in an underground system shall remain underground until it is discharged into an approved channel, or as otherwise approved by the City Engineer. All public storm drains shall be shown on City standard plan and profile sheets.

All storm drain easements shall be dedicated where required. The applicant shall be responsible for obtaining any off-site easements for storm drainage facilities, should they be required.

j. The Project is within a mapped Special Flood Hazard Area. More specifically, a portion is within a regulatory floodway. Approval of the Final Map and plans shall require an approved Floodplain Development Permit and Conditional Letter of Map Revision (CLOMR), reviewed and signed by the City of Vista Floodplain Administrator prior to submittal to FEMA. No construction permits may be issued that impact the special flood hazard area prior to approval of the CLOMR by FEMA. Upon completion of the project, the developer shall complete a Letter of Map Revision (LOMR).

FIRM Panel number 06073C0767G. The developer's engineer shall provide the approval letter and supply all the required supporting data to justify the application.

k. Prior to granting occupancy, the Engineer of record must submit “As-Built” drawings to City inspector assigned to the project for final approval. The Inspector will review the “As-Built” drawings, sign and return them to the contractor and request that the following be submitted:

(i) A PDF of the approved plan with changes in red and bubbled on the plan set shall be submitted to the Land Development Division for construction change review and inspection.

(ii) Once As-Builts changes are approved by the City, the original plan set shall be amended to reflect those changes.

l. Any existing broken pavement, concrete curb, gutter or sidewalk or any damaged during construction along the frontage of the project, shall be repaired or replaced as directed by the Engineering Inspector.

2. Grading
a. Prior to any grading of any part of the project, a comprehensive soils and geologic investigation shall be conducted of the soils, slopes, and formations of the project. All necessary measures shall be taken and implemented to assure slope stability, erosion control, and soil integrity.

No grading shall occur until a detailed grading plan, to be prepared in accordance with the Development Code, is approved by the City Engineer.

The report required herein shall:

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1. Include all standard information as required by the City’s Grading Ordinance.

2. Evaluate existing site constraints.

3. Provide any mitigation measures as necessary.

4. Provide recommendations for back-cuts for the construction of retaining walls. These recommendations shall include a time limit that the back-cuts can remain in place without either creating a stable backfill.

5. If temporary shoring is required, the geotechnical consultant shall provide necessary geotechnical parameters and recommendations, including maximum cuts and time limits.

6. Address the feasibility of long-term infiltration of stormwater runoff on-site, and if subdrains will be required for any proposed infiltration BMPs.

7. Provide any special construction techniques as deemed necessary.

b. If the project involves demolition of an existing structure and surface improvements, the grading and erosion control plans shall be approved by the City Engineer prior to the issuance of a demolition permit. No demolition shall be permitted without an approved erosion control plan and security.

c. A precise grading and private improvement plan shall be prepared, reviewed, secured and approved along with building pad certification prior to the issuance of any building permits. The grading plan shall be prepared by a California Registered Civil Engineer. The plan shall reflect all pavement, flatwork, drainage devices, utility services, landscaped areas, special surfaces, curbs, gutters, walls, medians, striping, signage, streetlights, and footprints of all structures. An erosion control plan shall be submitted along with the precise grading and private improvement plan for the site.

d. The applicant shall monitor, supervise and control all construction and construction-supportive activities, so as to prevent these activities from causing a public nuisance, including but not limited to, insuring strict adherence to the following:

1. Dirt, debris and other construction material shall not be deposited on any public street or within the City’s storm water conveyance system.

2. All grading and related site preparation and construction activities shall be limited to the hours of 7 AM to 5 PM, Monday through Friday, and from 8 AM to 4 PM on Saturdays. No Engineering related construction activities shall be conducted on Sundays or legal holidays unless written permission is granted by the City Engineer with specific limitations to the working hours and types of permitted operations. All on-site construction staging areas shall be as far as possible (minimum 100 feet) from any existing residential 11/14/2023 PH2 182 of 261

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development. Because construction noise may still be intrusive in the evening or on holidays, the City’s Noise Ordinance also prohibits any disturbing, excessive, or offensive noise which causes discomfort or annoyance to reasonable persons of normal sensitivity.

3. The construction site shall accommodate the on-site parking of all motor vehicles used by persons working at or providing deliveries to the site.

4. Engineer of Work shall depict the proposed haul route to and from the site within the limits of the City of Vista.

5. For any off-site borrow or disposal site, if located within City limits, a separate grading plan and permit are required. If the borrow or disposal site is located outside of the City, the applicant shall provide evidence of receipt of required permits/authorizations. A haul route shall be submitted and approved by the City Engineer.

6. The applicant shall identify a construction manager and provide a telephone number for any inquiries or complaints from residents regarding construction activities. The telephone number shall be posted at the site readily visible to any interested party during site preparation, grading and construction.

7. A log documenting the dates of hauling and the number of trips (i.e. trucks) per day shall be available on the job site at all times.

8. Trucks shall be spaced to discourage a convoy effect. There shall be no staging of hauling trucks on any streets adjacent to the project, unless specifically approved as a condition of an approved haul route.

e. Grading and drainage facilities shall be designed and installed to adequately accommodate the local storm water runoff and shall be in accordance with the City's Development Code and as directed by the City Engineer. Drainage facilities shall include an on-site detention basin to attenuate the peak flows resulting from a 100-year storm event down to a level equal or less than the pre-development flow. Stormwater runoff shall not additionally burden adjacent properties, creek, or existing storm drains facilities.

f. The grading for the project shall be performed under the observation of a Registered Civil/Geotechnical Engineer whose responsibility shall be to coordinate site inspection and testing to ensure compliance with the approved Grading Plan. The project Engineer shall submit reports to the City Engineer to verify compliance, as deemed necessary.

g. Include cost estimates for on-site and off-site grading, erosion, and public improvement plans, based on the current County of San Diego Department of Public Works, Land Development Division’s Unit Price List.

h. Provide at least two cross sections through the property and as indicated by the City Engineer.
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i. Incorporate all recommendations pursuant to the Hydrology/Hydraulic Report prepared for the project.

j. Applicant shall ensure that the connection of the proposed 36” RCP will not adversely impact the existing drainage facility. Any existing drainage facility that is connected to shall be analyzed and take into account any additional inflows.

k. Depict the location of existing or proposed easements within the property boundary.

l. The methods for providing temporary erosion control during the construction phase of the project, complete with the inclusion of standard grading and erosion control notes on the plans. The erosion control methods and devices must be per CASQA.

m. Prior to issuance of Building Permits the applicant must provide a letter from any easement holder authorizing the proposed improvements within the existing easement.

n. If shoring is required, the shoring design plan with structural calculations shall be submitted to the Building Division and shown on grading plan as reference. The following note shall be added to the plans: “Unless a shorter duration is recommended by the geotechnical engineer, the proposed temporary shoring shall remain for no longer than 60 calendar days. At the conclusion of the originally allotted time, 30-day extensions may be obtained if acceptable to the City Engineer and the project geotechnical consultant. At the conclusion of the permitted time period, the temporary shoring shall be replaced with an approved permanent structure in accordance with the structural and geotechnical engineer’s recommendation.”.

o. The perpetuation of survey monuments is required and intended to protect both public and private property rights in accordance with federal and state law. Monument perpetuation shall be performed with every Grading Plan and Street Improvement Plan. A land surveyor shall, upon completion of the Grading Plan and Improvement Plan, reset any monuments that have been destroyed due to the construction of the project shall be reset per the Final Map or reset with a post-construction Corner Record or Record of Survey with the County Surveyor.

p. The owner/developer shall place a covenant on the title sheet of the grading plan and non-title sheet of the Final Map agreeing to the following:
“The present or future owner/developer shall indemnify and hold harmless the City of Vista, its officers, agents, and employees from any and all liabilities or claims arising from any landslide that is caused in whole or in part by owner’s/developer’s development on the site”.
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q. The owner/developer shall place a covenant on the title sheet of the grading plan and non-title sheet of Final Map agreeing to the following: “The present or future owner/developer shall indemnify and hold harmless the City of Vista, its officers, agents, and employees from any and all liabilities or claims arising from any flooding that is caused in whole or in part by owner’s/developer’s development of the site.”

r. It is the responsibility of the owner/developer to evaluate and determine that all soil imported as part of this development is free of hazardous and/or contaminated material as defined by the city and the County of San Diego Department of Environmental Health. Exported or imported soils shall be properly screened, tested, and documented regarding hazardous contamination.

s. Unless an appropriate barrier is approved on a landscape plan, a minimum 42-inch-high barrier, approved by the City Engineer, shall be provided at the top of all slopes whose height exceeds 20 feet or where the slope exceeds 4 feet and is adjacent to any streets, an arterial street or state highway.

t. Provide the City of Vista with a certification from each public utility and each public entity owning easements within the proposed project stating that:
(a) they have received from the owner/developer a copy of the proposed map; (b) they object or do not object to the filing of the map without their signature; (c) in case of a street dedication affected by their existing easement, they will sign a "subordination certificate" or "joint-use certificate" on the map when required by the governing body. In addition, the owner/developer shall furnish proof to the satisfaction of the City Engineer that no new encumbrances have been created that would subordinate the City's interest over areas to be dedicated for public road purposes since submittal of the project.

u. Prior to the issuance of any grading, improvement or building permits for a model complex, a construction-phasing plan for the entire project shall be reviewed and approved by the Community Services Director, City Engineer and Building Official. All improvements shall be under construction to the satisfaction of the City Engineer prior to the issuance of any building permits. All public and private improvements including landscaping and offsite streets or arterials that are found to be required to serve the model complex shall be completed prior to the issuance of any certificates of occupancy.

3. Improvements
a. Prior to recordation of the Final Map the required public improvement plans shall be approved by the City Engineer and covered by a development agreement and secured with sufficient improvement securities or bonds guaranteeing performance and payment for labor and 11/14/2023 PH2 185 of 261

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materials, setting of monuments, and warranty against defective materials and workmanship.

b. All public improvements are required at the time of development and shall be under construction to the satisfaction of the City Engineer prior to the issuance of the first building permit, excluding retaining wall permits. All public improvements including underground conversion of overhead utilities shall be completed prior to issuance of any Certificate(s) of Occupancy.

c. The Street Improvement Plans for Sunset Drive/South Emerald Drive shall be prepared and submitted by a California Registered Civil Engineer for plan check and approval of the City Engineer.

d. Sunset Drive/South Emerald Drive, and adjacent streets, shall be improved as follows to the satisfaction of the City Engineer:

1. A paved section for Sunset Drive/South Emerald Drive as depicted in the approved Tentative Parcel Map for the project shall be constructed to the City Public Street Design Standards and satisfaction of the City Engineer and the City Traffic Engineer.

2. A pedestrian pop-out at the culvert crossing shall be constructed to the satisfaction of the City Engineer.

3. The two proposed entries to the site, off Sunset Drive/South Emerald Drive, shall be constructed, together with all pertinent pedestrian ramps, signing and striping to the satisfaction of the City Engineer and City Traffic Engineer.

4. An application for right of way vacation shall be made along the property frontage on Sunset Drive as depicted on the Tentative Map that shall be shown on the Final Map and public improvement plan set.

5. The proposed development shall drain to the adjacent creek. No surface flow is permitted, and runoff shall be conveyed in a storm drain conduit along Sunset Drive.

6. Applicant shall construct a Pedestrian ramp at the easterly terminus of the sidewalk adjacent to Sky Haven Drive.

e. Street name signs and traffic control devices shall be built to City standards and as required by the City Engineer and the Traffic Engineer.

f. All right-of-way alignments, exact geometrics and widths shall be improved as depicted in the approved Tentative Parcel Map and as required by the City Engineer.

g. In the Hydrology and Hydraulic Report, the calculations and details demonstrate that there will be no low points with ponding, or overloaded inlets, as a result of the proposed surface improvements. Should a new storm drain inlet be required due to ponding, undersized or overloaded 11/14/2023 PH2 186 of 261

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inlets; or the street adjacent to the site are incapable of conveying storm flows in a manner that is not detrimental (including flooding and erosion) to surrounding properties; then the applicant shall extend or provide a new drainage facility to convey the flows to an existing City MS4 facility, as determined and approved by the City Engineer.

h. City streetlights shall be installed along Sunset Drive/South Emerald Drive under the City’s LS-2 rate schedule, per the City of Vista Standards. The applicant shall pay all applicable fees, energy charges, and/or assessments and privately maintain said streetlights on all public or privates’ streets within the project boundary. Streetlight plans shall be submitted and approved prior to the process of public improvement plan “as built” and bond release.

i. The design and construction of all improvements shall be in accordance with standard plans and requirements of the City of Vista and subject to approval by the City Engineer.

j. Pavement sections for private streets, driveways and parking areas within the project boundary shall be based upon approved soil tests and traffic indices and the City Private Street Design Standards. The pavement design is to be prepared by the applicant's soil engineer and must be approved by the City Engineer, prior to paving.

k. Site distance requirements at both entries to the site shall conform to the Cal Trans intersectional sight distance criteria. Landscaping features such as slopes, fencing, retaining walls, trees, shrubs, and signage shall be designed to conform to the Cal Trans sight distance criteria.

(i) The applicant must provide a maneuverability (“turning template”) exhibit to the satisfaction of the City Engineer and Planning Department. The exhibit must show the path of a three-axil delivery vehicle within the proposed development is possible.

l. All existing overhead utility lines within the property and/or in the public right of way on the same side of a public right-of-way or private street abutting a new project, and all new extension services for the development of the project, including but not limited to, electrical, cable and telephone, shall be placed underground or paid an in-lieu fee per City Code requirements and as required by the City Engineer and current City policy.

m. Prior to approval of the grading plans, the applicant shall contract with a geotechnical engineering firm to perform a field investigation of the existing pavement on Sunset Drive adjacent to the project boundary. The limits of the study shall be half-street plus twelve (12) feet along the project frontage. The field investigation shall include a minimum of one pavement bore per every fifty (50) linear feet of street frontage. Should the existing AC thickness be determined to be less than the City Public Street Design 11/14/2023 PH2 187 of 261

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Standards, the applicant shall remove and reconstruct the pavement section as determined by the pavement analysis submittal process detailed in following condition.

n. Upon review of the pavement investigation, the City Engineer shall determine whether the applicant shall: 1) Repair all failed pavement sections, 2) header cut and grind per the direction of the Engineering Inspector and construct a minimum two (2)-inch thick AC overlay; full width adjacent to property (extended through Sky Haven Drive) which shall include all transitions, drainage facilities, and other improvements as deemed necessary by the City Engineer. Said improvements shall be subject to inspection and approval by the City Engineer. A separate cost estimate is required for the work within the public right-of-way; or 3) Perform R-value testing and submit a study that determines if the existing pavement meets current City standards/traffic indices. Should the study conclude that the pavement does not meet current requirements, rehabilitation/mitigation recommendations shall be provided in a pavement analysis report, and the applicant shall reconstruct the pavement per these recommendations, subject to approval by the City Engineer.

o. The existing bus stop at southeast corner of Green Valley 55 plus residence entrance, 2130 Sunset Drive, shall be upgraded to current NCTD standards.

p. The City of Vista does not provide water service for projects within our city limits. A separate submittal and/or permits, fees, bonds, agreements and other conditions may be required to be attained by Vista Irrigation District.

q. Any private water lines shall be designed by a registered Civil Engineer in the State of California. The plan check and inspection for private water lines shall be paid for by the developer as part of the Engineering review and construction process.

4. Stormwater
a. The applicant shall prepare and submit an Operations & Maintenance (O&M) Plan to the Engineering Division with the first submittal of engineering plans. The O&M Plan shall be prepared by the applicant’s Civil Engineer. It shall be directly based on the project’s Storm Water Quality Management Plan (SWQMP) previously approved by the City Engineer.

The O&M Plan shall be approved by the City Engineer prior to approval of any plans by the Land Development Division. At a minimum the O&M Plan shall include the designated responsible parties to manage the storm water BMP(s), employee’s training program and duties, operating schedule, maintenance frequency, routine service schedule, specific maintenance activities, copies of resource agency permits, and any other necessary elements. Additionally, the O&M Plan shall contain exhibits that identify clearly indicate responsible parties to manage and maintain the onsite 11/14/2023 PH2 188 of 261

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facilities.

b. The applicant shall enter into a City-Standard Stormwater Facilities Maintenance Agreement with the City obliging the future owner(s) to maintain, repair and replace the storm water Best Management Practices (BMPs) identified in the project’s approved Storm Water Quality Management Plan (SWQMP), as detailed in the O&M Plan into perpetuity.

The Agreement shall be approved by the City Attorney and shall be recorded at the County Recorder’s Office prior to issuance of any precise grading permit

c. At a minimum, maintenance agreements shall require the staff training, inspection and maintenance of all BMPs on an annual basis. The project proponent shall complete and maintain O&M forms to document all maintenance activities. Parties responsible for the O&M plan shall retain records at the subject property for at least 5 years. These documents shall be made available to the City for inspection upon request at any time.

d. The Agreement shall include a copy of executed on-site and off-site access easements necessary for the operation and maintenance of BMPs that shall be binding on the land throughout the life of the project to the benefit of the party responsible for the O&M of BMPs, until such time that the storm water BMP requiring access is replaced, satisfactory to the City Engineer.

e. The project shall provide a separate sheet as part of the grading plan showing all construction BMP’s required. This construction BMP sheet shall be phased as needed and required by the City of Vista, alterations and or updated plans may be required during construction. Additional BMP’s when requested by the City of Vista shall be implemented at least before the next rain event or within 48 hours of request whichever comes first.

f. The BMPs described in the project’s approved Storm Water Quality Management Plan (SWQMP) shall not be altered in any way, shape or form without formal approval by the project’s final approving authority at a public City hearing, if such hearing was required for the approval of the project.

g. This project will be required to implement post construction BMP’s in accordance with the City of Vista BMP Design Manual and the San Diego Regional Water Quality Control Board (SDRWQCB) MS4 permit reissued as order no R9-2013-0001. A separate sheet shall be provided as part of the grading plans that indicates all site design, source control and treatment control BMP’s. This sheet shall be signed by the architect, civil engineer, landscape architect, and geotechnical engineer. It shall show construction level details for all BMP’s as required by the City Engineer.

h. All post construction BMP’s shall be surveyed by a professional land surveyor. A written certification signed and stamped by the Civil Engineer 11/14/2023 PH2 189 of 261

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of record shall be submitted prior to final inspection and occupancy release.

The certification shall include language that the civil engineer has personally visited the site and confirms the BMP’s as constructed are in conformance with the approved SWQMP and Hydrology & Hydraulics reports and that all water quality requirements have been satisfied.

i. The applicant shall comply with the provisions of National Pollution Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction Activity (General Permit) Water Quality Order Number R9-2013-0001. The General Permit continues in force and effect until a new General Permit is issued or the SWRCB rescinds this General Permit. Only those owner/developers authorized to discharge under the expiring General Permit are covered by the continued General Permit. Construction activity subject to the General Permit includes clearing, grading, and disturbances to the ground such as stockpiling, or excavation that results in land disturbances of equal to or greater than one acre. The owner/developer shall obtain coverage under the General Permit by submitting a Notice of Intent (NOI) and obtaining a Waste Discharge Identification Number (WDID#) from the State Water Resources Control Board (SWRCB). In addition, coverage under the General Permit shall not occur until an adequate SWPPP is developed for the project as outlined in Section A of the General Permit. The site specific SWPPP shall be maintained on the project site at all times. The SWPPP shall be provided, upon request, to the United States Environmental Protection Agency (USEPA), SWRCB, Regional Water Quality Control Board (RWQCB), City of Vista, and other applicable governing regulatory agencies. The SWPPP is considered a report that shall be available to the public by the RWQCB under section 308(b) of the Clean Water Act. The provisions of the General Permit and the site specific SWPPP shall be continuously implemented and enforced until the owner/developer obtains a Notice of Termination (NOT) for the SWRCB. The owner/developer is required to retain records of all monitoring information, copies of all reports required by this General Permit, and records of all data used to complete the NOT for all construction activities to be covered by the General Permit for a period of at least three years from the date generated. This period may be extended by request of the SWRCB and/or RWQCB.

j. No permanent site BMPs or hydromodification facilities shall be located within the inundation limits of the 10-year floodplain.

k. No portion of the project may encroach upon the regulatory floodway.

l. The effective regulatory floodway and floodplain limits shall be plotted on all applicable plans.

m. The onsite and offsite portions of the project located within the regulatory floodplain shall comply with the City of Vista Flood Area Construction Regulations (Municipal Code Chapter 16.48).
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n. Applicant shall apply for and obtain a WDID permit number (facility identification number) which will noted on the grading plan for proposed development.

5. Miscellaneous

1. Traffic control during the construction of streets which have opened to public travel shall be in accordance with construction signing, marking and other protection as required by the State Department of Transportation (CalTrans) Traffic Manual.

2. Water improvements are separately approved by and bonded with the Vista Irrigation District prior to approval of the grading plan. Please submit with VID concurrently to avoid project delays.

3. A Right-of-Way permit shall be required prior to commencement of any work within the City right-of-way.

I. PUBLIC SEWER AND WATER UTILITIES

1. The Residential development proposed density is in compliance with the current General Plan and zoning requirements and is within the City of Vista Sewer Service Area V32 as determined by the current ‘2017-Sewerage Master Plan’ and the ‘Sewer Facility Maps’. Therefore, the Project proposed sewer capacity is within the allowable sewer capacity for these parcels as determined by the current ‘2017-Sewerage Master Plan’.

2. The peak sewer capacity estimate for this project, based on the Site Development Plan submittal dated December - 2022, will be calculated based on the current City of Vista Municipal Codes (Ref. VMC Sections 14.01.030,

06.110, 120, & 130).

3. Developer shall obtain a ‘Sewer Discharge’ permit from the City of Vista, and pay all related fees and charges, prior to obtaining a Building permit.

Commitment to provide sewer services is made by the District’s Board and/or City Council, and is subject to compliance with Sewer District’s conditions, terms, rules, and regulations, posting required securities/bonds, and payment of all pertinent fees and charges.

4. Water Meter Requirements: Two (2) water meters (min) are required to be installed and labeled separately (Ref. VMC 18.56.080.G6.ix). The separate irrigation meter requirement was included as part of a state mandate regarding the City’s Water Efficient Landscape Ordinance. There is no opportunity for variance regarding this issue. Refer to Section 2.2.3 Irrigation Requirements in the City Landscape Manual.
a. Parcel-1: Requires one separate, individual, dedicated water meter for interior domestic use for domestic use. Another separate, individual, dedicated water meter for landscape irrigation of all common areas.
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b. Parcel-2: Requires one separate, individual, dedicated water meter for interior domestic use for domestic use. Another separate, individual, dedicated water meter for landscape irrigation of all common areas.

5. An existing 8-in VCP (Dwg-1820, 1983-Yr) public sewer main at the intersection of Sunset Drive and Emerald Hollow Drive is available for connection.

6. Developer to connect the proposed sewer facilities into the existing sewer main at the intersection of Sunset Drive and Emerald Hollow Drive – sewer segment #V32(139-140).

7. Developer shall hire a qualified California Registered Land Surveyor or Civil Engineer to survey and certify the invert elevations of the existing sewer manholes #V32.139 and V32.140, where the proposed sewer main extension is connecting. A signed and stamped and dated ‘Survey Manhole Certification’ shall be submitted to the Sanitation Engineer, prior to approval of the Grading and Improvement Plans. The certificate shall include manhole IDs, top of rim and invert elevations, city Benchmark, and survey date – add ‘Survey Sewer Manhole Certification’ block for plans to reflect this requirement. Certification block to also show manhole IDs, top of rim and invert elevations, city Benchmark, and survey date.

8. Developer shall a) extend approximately 400-LF of 8-inch PVC, SDR35 (GREEN) ‘public’ sewer main extension to front the proposed development., b) realign approximately 150-lf of the existing public sewer line from the intersection of Sunset Drive and Emerald Hollow Drive to sewer manhole #V32.140 to accommodate the proposed project layout. Sewer manhole #V32.140 is to be reconstructed per current standards.

9. All new and/or modified manholes including the proposed point of connection shall be epoxy lined and spark tested per Greenbook Standards using a City of Vista approved lining system such as Raven 405.

10. All Public and Private Sewer Improvement Plans are to include a ‘Sewer Flow By-Pass Plan’ sheet – Realignment of the public sewer facilities requires a ‘Sewer Flow By-Pass Plan’. ‘Sewer Flow By-Pass Plan’ is part of the required ‘Spill Prevention Plan’.

11. The developer may call the sanitation engineer for a copy of the ‘2017 Sewerage Master Plan’, which includes sewerage flow data (Appendix C).

Otherwise, developer may hire a professional firm to digitally monitor the actual sewerage flows – copy of the digitally obtained data will be required to be submitted to the sanitation engineer. ‘2017 Sewerage Master Plan’ is also available at the City of Vista website. Note: Regardless of the data provide by the sanitation division, it is the responsibility of the contractor to perform a daily field inspection of the actual daily flow.
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12. Developer shall install appropriately 400-lf of 8-in, PVC, SDR-35 (GREEN) private sewer main to serve the proposed development. All pipe sections require an upstream and downstream sewer manhole. All Private and Public Sewer pipe shall be designed to maintain a self-cleaning velocity of a minimum of two feet per second (2 fps) to avoid deposition of solids and odor.

Otherwise, maintain a minimum 1.00% slope.

13. Each proposed condominium unit shall have a separate, individual, dedicated gravity flow, private sewer lateral, and a ‘standard two-way’ cleanout with utility box fronting and connecting to the private sewer main. A separate individual dedicated ‘Backflow Preventer’ for each sewer lateral as noted on the plans will be required.

14. All new and/or modified manholes including the proposed point of connection shall be epoxy lined and spark tested per Greenbook Standards using a City of Vista approved lining system such as Raven 405.

15. Developer shall prepare, file, execute, and record a ‘Private Sewer Maintenance’ Agreement for the proposed private sewer facilities.

16. The Construction Sewer (Private and Public) Improvement Plan As-Built Signature block shall include a sanitation signature block for review/approval of the as-builts as noted below.

17. Construction Sewer Improvement Plans (‘PUBLIC and/or PRIVATE’) are to be designed and prepared by a Registered Professional Civil Engineer, per “AS BUILTS”

PROJECT ENGINNER___________________
___________
RCE ___________ EXP __________ DATE

REVIEWED BY:

INSPECTION: ___________________ DATE:
___________

SANITATION: ___________________ DATE:
___________

NOTE: AS-BUILTS WILL BE SIGNED UPON:
• VACATION OF ALL SURPLUS EASEMENTS
• COMPLETION OF LANDSCAPE WORK
• POST-CCTV INSPECTION OF ALL SEWER

FACILITIES
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Public Standards and/or as directed by the City Engineer. All Private and Public sewer facilities are to be shown and labeled on the Public Sewer Improvement (or Utilities) Plans. All Public and Private sewer lines are to include a Profile View with the Plan View.

18. Construction and inspection of the (‘PUBLIC and/or PRIVATE’) sewer main is to be done per Public Standards and/or as directed by the City Engineer, including Pre- & Post-CCTV inspection (Ref. VMC 14.08). All sewer work is to be inspected by the City of Vista Engineering Inspector. All work done without proper inspection will be rejected.

19. This project does NOT qualify for public sewer reimbursement. All cost incurred for the removal and replacement of the ‘off-site’ public sewer facilities shall be borne by the developer (Ref. VMC14.08-050, & 16.56.150).

20. The applicant shall provide permanent ‘all-weather’ vehicular access. Access to include adequately sized turnarounds to all existing and proposed sewer manholes within the project boundary to the satisfaction of the City. The hammerhead turnarounds shall be sized using a ‘Vactor 2100 Vacuum Truck’ as the design model vehicle which generally has a 47’ turning radius. The Plans shall include an ‘Auto-Turn Path Analysis’ Plan for the design vehicle.

Contact Sanitation Engineer for vactor/vehicle dimensions and specs. The Sewer Maintenance Access Road shall be capable of handling H20 & HS20 Load. The access road shall be designed and constructed in accordance with the Geotechnical/Soils Engineer’s recommendations, and as directed by the City Engineer.

21. All Construction Landscape Plans should be on City approved AutoCAD Templates similar to the Grading Plans CAD templates available at the city website. – as a minimum, the Title Sheet shall have a Sanitation Conflict Review block for sanitation’s signature, and an As-Built block for sanitation’s review/inspection and signature.

22. All drivable aisles are to be dedicated as public sewer access easements to the benefit of the City of Vista – a Blanket Public Sewer Access Easement is also acceptable.

23. All drivable aisles along the public sewer main realignment are to be dedicated as public sewer easements to the benefit of the City of Vista.

24. Developer shall abandon (vacate) all surplus public sewer easements in accordance with district procedures. These easements will not be permitted to be abandoned (vacated) on the final map. Sewer Easement Abandonment/Vacation documents shall be recorded after completion of the project, but prior to approval of the As-Built plans or acceptance of the improvements.

25. The FINAL MAP GENERAL NOTES shall include the following notes:
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a. GRADING, DRAINAGE, SURFACE & UNDERGROUND

IMPROVEMENTS, LANDSCAPE AND IRRIGATION, AND BMPS

REQUIREMENTS PER APPROVED PLANNING COMMISSION
(CITY COUNCIL) RESOLUTION 2023-_______.
b. THE PUBLIC SEWER EASEMENT (OR PORTION) NOTED AS TO

BE ABANDONED/VACATED UNDER SEPARATE INSTRUMENT

SHALL BE EXECUTED AND RECORDED PRIOR TO ACCEPTANCE
OF THE SEWER IMPROVEMENTS.
c. ALL DEDICATED BLANKET PUBLIC SEWER EASEMENTS SHALL
BE OVER ALL DRIVABLE AISLES.
d. ALL PUBLIC UTILITY EASEMENTS DEDICATED WITHIN THE FINAL MAP SHALL BE SUBJECT TO THE ‘VSD RESTRICTIONS FOR
SEWER & DRAINAGE EASEMENTS’, DOC#1991-0433396,
RECORDED AUGUST 23, 1991
e. ALL PARCELS CREATED BY THIS FINAL PARCEL MAP SHALL BE SUBJECT TO THE ‘VSD RESTRICTIONS FOR SEWER &
DRAINAGE EASEMENTS’, DOC#1991-0433396, RECORDED
AUGUST 23, 1991.
f. ALL PARCELS SHALL BE SUBJECT TO A RECORDED ‘PRIVATE
SEWER MAINTENANCE AGMT’ DOC#2023-___________,
RECORDED _____________, 2023.
g. ALL PARCELS SHALL BE SUBJECT TO A RECORDED
‘COVENANTS, CONDITIONS AND RESTRICTIONS’ (CC&RS)
DOC#2023-___________, RECORDED _____________, 2023.
h. PUBLIC STREETS AND UTILITY EASEMENTS DEDICATED AND

REJECTED HEREON SHALL REMAIN PRIVATE EASEMENTS TO BE

CONVEYED WITH EACH LOT WITHIN THIS MAP UNTIL CITY OF
VISTA ACCEPTS THE OFFER OF DEDICATION.

26. The Trash Enclosure – surface area may NOT drain or discharge into a public sewer system under the following conditions.

27. Developer is to comply with the SWRCB requirements to prevent Sanitary Sewer Overflows (SSOs) and Spills. Compliance can be met by complying with the conditions and requirements noted above, and by performing the required pre- and post-CCTV inspection, and installing approved sewer manholes.

28. For questions regarding sewer design and/or these sanitation terms, requirements, and/or conditions, please, contact Mr. Tony Tirado, P.E, at

1.760.643.5432, or email: [email protected]
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J. TRAFFIC ENGINEERING

1. Construct a new curb and gutter and sidewalk to connect the existing sidewalk on Emerald Drive South of Hacienda Drive to the northwest corner of Sunset Drive and Sky Haven Lane intersection.

2. Reconfigure the existing guardrail to line up with new curb and sidewalk.

3. Install new striping on Sunset Drive per the project’s approved site plan.

K. FIRE DEPARTMENT

1. Fire Department Access:
a. Roadway design features (speed bumps, speed humps, speed control dips, etc.) which may interfere with emergency apparatus responses shall not be installed or allowed to remain on fire access roadways.

b. Any gate or barrier across a fire access roadway must meet Vista Fire Department standards and have specific plans reviewed and approved prior to installation. Gate swing shall not obstruct the width of any fire lane.

c. All gates serving residential multifamily projects must be automatic.

Automatic gates must be equipped with sensors detecting emergency vehicle strobe lights from any direction of approach. In addition, Knox brand key-operated electric switches keyed to Vista Fire Department specifications are required. Both the strobe light detector and Knox switch shall override all gate functions and open the gate.

d. All interior roadways are designated “fire access roadways” or “fire lanes”. Roadways shall be marked per CFC Sec. 901.4 and CVC Sec 22500.1. Minimum unobstructed paved width is 24 feet. The roadways shall be marked as “No Parking”

2. Street Address Numbers/Signs: Permanent three-dimensional street numbers, minimum 4" in height, shall be provided at approved locations on the buildings, visible from either direction of approach. Suite numbers shall also be provided.

3. Fire Sprinklers will be required to be installed. Plans shall be submitted to the Fire Department for review. The system shall comply with NFPA #13D or R Standard for Automatic Fire Sprinkler Systems latest edition.

4. Emergency Response Map: Provide an "as built" site plan for emergency response mapping in a format compatible with current Fire Department mapping contractor needs

L. VISTA IRRIGATION DISTRICT (VID)

1. The site is entirely within the Vista Irrigation District.

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2. Payment to the Vista Irrigation District for this Water Availability Letter has not been made and will be due when payment for all other processing fees are made.

3. All Grading and Improvement plans are required to be submitted to the District for review and approval, including all City/County conditioned offsite improvements that are required in proximity to existing waterlines. All offsite improvements must be disclosed to the District and may require waterline replacement or relocation due to resulting encroachments.

4. One or more of the following requirements apply in order for the District to supply water to this project:

a. A public water line extension.
b. Installation of a reduced pressure detector assembly (RPDA) to serve your private system.
c. Installation of water facilities off existing District Waterline(s). d. All lots being created must be adjacent to a public water main and served through individual water meter(s) and/or RPDA(s).

5. District Blanket Easement No. G67 and F57 encumbers the property.

6. An existing District waterline crosses or is adjacent to the land being developed (see-attached plat) and should be shown on the final map. These waterlines will need to be replaced or relocated due to the grading operations or project configuration. Portions of the District’s 10-inch AC (asbestos cement) pipeline will be required to be abandoned, removed, properly disposed and replaced with 10-inch PVC pipeline per VID Rules and Regulations.

7. Pursuant to Water Code Section 537 et seq. (or subsequent California Building Standards Code updates conforming to Section 537), all newly constructed multiunit residential and newly constructed mixed-use residential and commercial structures, for which an application for water service is submitted after January 1, 2018, are required to measure the quantity of water supplied to each individual residential dwelling unit as a condition of new water service (District Rules and Regulations Section 3.12.3.J Meter Rules). The owner of the structure shall be responsible for installing and reading sub-meters and complying with all applicable laws and regulations.

8. Service is being provided to APN 166-450-40 via an existing water meter (Acct 6505-0030). Service is not being provided to APN 166-450-39 and Notice of Fees Due and Payable Upon Application for Water Service (EP-8R) encumbers this property, recorded December 28, 1993 as Document No. 1993-0875581. Additional meters or water facilities will be needed and annexation fees will be required.

9. This project is subject to payment of the District’s Capacity Fee as well as the 11/14/2023 PH2 197 of 261

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San Diego County Water Authority’s Capacity Charge at the time application is made for water service.

10. In order to provide fire protection reliability and minimize water quality concerns, this project may require more than one connection to the District’s system in order to create a loop.

11. The water supply study and hydraulic analysis completed September 14, 2022 determines available domestic service pressures, fire flow availability, on-site and/or off-site system improvements required to serve the project.

11. When the required fire flow amount and fire hydrant locations are known, the developer and his engineer must meet with District staff to discuss water service to the site.

12. The District’s water system design criteria recommends that a minimum residual pressure of 40 psi during peak hour conditions be provided at each water meter required for the project. Additionally, required fire flows for the project must maintain a minimum of 20 psi during maximum day conditions.

The District has 10-inch size waterline in S. Emerald, Sunset Drive and private property with a maximum hydraulic gradient of 486 feet. The owner shall contact the Fire Agency having jurisdiction over this project to obtain fire flow requirements and fire control facilities needed to serve the project and inform the District to determine if a fire flow analysis is necessary.

13. Meters serving commercial, industrial, agricultural, governmental, or multi- family residential zoned lands; any property with a well, private pumping system, auxiliary water supply, where substances harmful to health have the potential to enter the water supply, or where cross-connections are likely to occur; and dedicated fire protection and irrigation uses are required to have a District approved backflow prevention device. The project may trigger the requirement under District Rules and Regulations for existing water service facilities of private customers in proximity to the project to install a District approved backflow prevention device as a result of this development. Notice to all affected District customers of this potential requirement must be provided by the project applicant in connection with public noticing requirements for the project and prior to project approval, and the applicant may obtain addresses and contact information from the District to accomplish such notice. If fire hydrants are required which are not adjacent to any District waterlines or which are adjacent to undersized waterlines, a waterline extension may be required which may also require specific easements.

For any questions regarding the above VID conditions, please phone (760) 597-3123.

M. SHERIFF’S DEPARTMENT
The Sheriff’s Department recommends the following crime prevention techniques to reduce future calls for service at the project location. Please contact the Crime 11/14/2023 PH2 198 of 261

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Prevention Unit at (760) 940-4353 if you have any questions regarding these conditions:

1. Current contact information for the property manager and property owner shall be kept on file within the Community Development Department and with the Sheriffs Department.

2. Any freestanding or monument signs shall be situated so as not to obstruct sightlines of exiting vehicles.

3. All gated communities must install a "Realtor Box" to house access key fobs/remotes at all entrances into the community. If a gate code is used, the Sheriff's Department's communication center (858) 565- 5200 should be called to update the code anytime it is changed.

4. Front residential entry doors and storage room doors shall be steel- clad or solid wood construction. There shall be no glass within 40 inches of deadbolt installed at the front door. Each exterior hinged door shall be equipped with a single cylinder deadbolt and heavy duty 4" strike plate using 3" screws.

5. Front entry doors shall be equipped with a 180 degree door viewer.

6. Use graffiti-resistant paint or anti-graffiti coatings on walls, benches, light poles, signs, etc.

7. Locate common mailboxes in well lit, secure area.

8. Use "see-through" fences (e.g., vertical-design wrought iron or welded mesh) instead of solid walls or hedges for boundaries where privacy or environmental noise mitigation is not needed.

9. Landscaping shall be of the type and situated in locations so as to maximize observation, while providing the desired degree of aesthetics.

Minimize the use of plantings with foliage or screening between 30 inches and 8 feet above grade.

10. Luminaires shall have vandal resistant fixtures, if accessible. or be not less than eight (8) feet in height from ground level.

11. Install sufficient illumination throughout project, especially in parking areas, and replace burned out lights promptly. LED lighting is recommended throughout the project.

12. Caution: Security devices and systems described in this notice may not meet all applicable fire and life safety standards in effect for the particular occupancy type.
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N. PLANNING INFORMATION AND CONDITIONS
Landscaping Special Conditions:

1. The existing water course slope planting shall be irrigated as required for plant growth and hydroseed germination and growth. Hydroseed shall be applied between October 15 and January 15 of any given year.

Landscaping Standard Conditions:

1. Except where noted above, the landscape construction drawings shall be consistent with the landscape conceptual plans and shall contain complete planting and irrigation plans, details & specifications to meet the requirements of the City of Vista’s Water Efficient Landscaping Ordinance (Chapter 18.56) and requirements of The City of Vista’s Landscape Manual.

2. All areas that are graded or disturbed as a result of the project must be re- landscaped to the requirements of the City of Vista’s Water Efficient Landscaping Ordinance (Chapter 18.56) and the City of Vista’s Landscape Manual.

3. Following grading put prior to the commencement of the irrigation system’s installation, a soils management report must be submitted to the City for review and approval. It shall contain the following: An analysis of the soil for the proposed landscape area of the project including soil texture, soil infiltration rate, pH, total soluble salts, plant sodium, percent organic matter, horticultural suitability, and recommendations for soil amendments and mulch that may be necessary to provide for healthy plant survival and growth.

4. The project Landscape Architect shall supervise the installation to insure that the work is installed per the plans approved by the City. This shall include an observation of the irrigation system of all points of connection (prior to backfill), backflow protection devices, mainlines, electrical connections, automatic controllers, control valves, as well as all soil amendments, root barriers, existing and proposed plantings, tree staking and mulch. The completed irrigation system must be tested to verify adequate coverage and that no overspray or runoff is occurring.

5. Prior to the request of the applicant for review and approval by the City of the project’s completion, provide an irrigation schedule showing the time period when irrigation will be scheduled and confirm that no overhead irrigation shall be used between the hours of 10:00 a.m. and 8:00 p.m. and also in compliance with current Vista Irrigation District’s limitations.

6. Prior to the request of the applicant for review and approval by the City of the project’s completion, identify the entity who will be responsible for maintenance and provide a landscape and irrigation maintenance schedule to include the following:
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a. Adjustments and repair of the irrigation system to prevent runoff, erosion, detect irrigation system failure, and be consistent with the originally approved design installation,
b. Replacement of missing, dead, dying and diseased vegetation, c. Eradication of invasive species,
d. Addition of soil amendments when necessary to support and maintain healthy plant growth,
e. Fertilizing, pruning, weeding and maintaining turf areas, f. Replacement of mulch yearly and as necessary, and
g. Maintenance to avoid obstruction of motorists' view.

7. The submission by the project landscape architect’s Certificate of Completion shall serve as a formal request for final observation by the City. The Certificate of Completion shall include:
a. Conformance with the approved plans and specifications with any deviations noted,
b. An updated irrigation schedule,
c. Irrigation and maintenance schedule, and
d. Soils management report.

8. The City’s inspection shall include, but not be limited to conformance with the approved irrigation and planting plans. Tentative approval shall be granted when the City is satisfied that the installation of the landscaping and irrigation system has been satisfactorily installed per the approved plans.

9. The City’s inspection shall include, but not be limited to conformance with the approved irrigation and planting plans. Tentative approval shall be granted when the City is satisfied that the installation of the landscaping and irrigation system has been satisfactorily installed per the approved plans.

10. Final approval of landscape installation shall require an additional field observation of the landscaping and irrigation system by the City no sooner than one year from the date of tentative approval. Prior to the request for final approval, the owner is required to obtain an irrigation audit report prepared by a certified landscape irrigation auditor, certifying satisfactory testing for the following: distribution uniformity, over spray and runoff control, and that water use does not exceed the MAWA once landscaping has been established. This report must be submitted prior to the requested final inspection by the City.

11. All plantings shall be maintained in a healthy and thriving condition and relatively weed free. All plants which fail to thrive because of disease, damage, accident or other cause shall be immediately replaced with a plant of the same species and size as originally approved. At the discretion of the City planner, replacement of any plant materials that have been improperly maintained shall be required at a size equal to the size of the plant had it 11/14/2023 PH2 201 of 261

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been properly cared for.

12. All trees shall be maintained in a manner that retains the natural form of the species. Topping and aggressive pruning will not be allowed and may require replacement of the damaged tree, if determined by the landscape inspector.

13. All screening shrubs shall be maintained at a height that effectively screens the area that they were planted to obscure (ex: walls, parking areas, trash enclosures, air conditioning units, loading areas, etc.).

General Planning Conditions:

1. All proposed fence and wall (including retaining wall) details and materials shall be submitted for review and approval by the City Planner. No razor wire, barbwire or chain link fencing is allowed. The use of unfinished CMU as a wall material is not permitted.

2. Building plans, architectural elevations, floor plans, building colors and materials shall conform to Exhibit “B” and material sample boards submitted by the applicant to the City and on file in the Planning Division. The project must comply with the building setbacks required under Title 18 of the city’s Development Code.

3. All subsequent development permits, including but not limited to building and grading, shall be in compliance with the site plan, floor plan(s) and elevations in Exhibit “B”. All contemplated changes must be submitted and approved by the Planning Division prior to construction. Any changes not authorized by appropriate Site Development Plan amendment may be cause to withhold occupancy until the matter is rectified.

4. Decorative exterior wall tile shall be installed around select doors and windows as shown on the elevations in Exhibit “B”.

5. Street Name, Numbers and Warning Signs:
a. Building addresses shall be assigned by the Planning Division.

b. The applicant shall cause to be installed in all public and private rights of way, at his/her expense, street signs and City standard warning signs, including stop signs, as required by the Traffic Engineer, to ensure the safety of the public. Street name signs shall be of the type approved by the Traffic Engineer. The placement of all signs shall be shown on the approved street improvement plans. Public street name signs shall be green with white letters and private street name signs shall be blue with white letters.

6. Prior to final Site Development Plan signature by the Planning Division, a Notice of Land Use Restriction in a form approved by the City Planner and City Attorney, shall be recorded. It shall set forth the terms of this Resolution.
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Parking:

7. The project shall provide parking spaces as shown on the Site Development Plan. The parking space envelope shall not be less than nine (9) feet by nineteen (19) feet in size. Open parking spaces shall be marked, using two 4-inch strips separated by 10 inches, for a total width of 18 inches, and joined by a semi-circular arc at the incoming end so as to form an elongated “U” with all markings to be continuous, as depicted in the Development Code, Figure 18.54.210.A.

8. A parking management plan shall be submitted and approved by the City Planner prior to occupancy of any building. The following language shall be written into the project’s Condition, Covenants and Restrictions (CC&Rs), and the CC&R’s shall be submitted to the City Engineer for confirmation of this project requirement prior to recordation: The parking management plan shall allow for routine inspections of all garage spaces by the property manager or the Home Owner’s Association to ensure that the parking spaces within the enclosed garage of every dwelling unit are at all times kept unencumbered by storage, impediment, or other use that would prevent or impede the parking of the resident’s vehicles.

Outdoor Amenities

9. The project’s outdoor common amenity areas and equipment shall be maintained at all times consistent with the approved site development plan and landscape plan.

Signage

10. Prior to building final, the applicant shall submit a Comprehensive Sign Program (CSP) for all project identification and directional signs. The CSP shall conform to all requirements of Development Code Chapter 18.52, subject to approval of the City Planner.

Mechanical Screening

11. All above ground mechanical equipment for utilities shall be completely screened from public view. At a minimum, equipment boxes shall be painted with a neutral color and screened with landscaping compatible with adjacent landscaped areas. The equipment’s owner and the City Planner shall approve all screening designs prior to permitting.

Lighting

12. A photometric lighting plan has been submitted and reviewed for outdoor lighting. Light levels onsite and offsite, including on all driveways, parking areas, and pedestrian walkways, shall comply with the requirements of the City of Vista Development Code. Manufacturers cut sheets shall be submitted for all exterior lights including wall packs.

Development Service Fees:

13. The proposed project will require development fees to be paid at the time of 11/14/2023 PH2 203 of 261

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building permit issuance. Please check with the Development Services Division for the current City fee schedule.

Public Services:

14. Prior to issuance of a Certificate of Occupancy, the project applicant shall contact the Vista Unified School District to determine the current and appropriate statutory fee for public school services.

Mitigation Measures:

15. BIO-1: The applicant shall mitigate for impacts to Diegan coastal sage scrub at a 1:1 ratio through the purchase of coastal sage scrub credits at a local mitigation bank; or, the project provides for restored coastal sage scrub along the Buena Vista Creek project buffer area at a 1:1 ratio.

BIO-2: The clearing and grubbing of, and construction adjacent to, sensitive habitats shall occur outside of the breeding season for general birds, including raptors (January 15 to September 15). The City may waive this condition, provided that the following additional avoidance measures are taken. If the construction activities cannot avoid the bird breeding season, a qualified biologist shall be retained to conduct a pre-construction nesting bird survey within seven days prior to the activities to confirm the presence or absence of active bird nests. If no active bird nests are found by the qualified biologist, then the activities shall proceed with the reassurance that no violation to the MBTA and CFGC would occur. If an active bird nest is found by the qualified biologist, then vegetation removal and/or trimming activities at the nest location and within 300 feet for passerine birds and 500 feet for raptors shall not be allowed to occur until the qualified biologist has determined that the nest is no longer active. Buffers may be reduced only at the discretion of the qualified biologist, depending on the bird species and construction/vegetation removal activities required in the vicinity of the active nest.

CUL-1: Cultural resource mitigation monitoring shall be conducted on the site to provide for the identification, evaluation, treatment, and protection of any cultural resources that are affected by or may be discovered during the construction of the proposed project. The monitoring shall consist of the full- time presence of a Qualified Archaeologist and a traditionally and culturally affiliated (TCA) Native American Monitor associated with a TCA tribe for, but not limited to, any clearing or grubbing of vegetation, tree removal, demolition and/or removal of remnant foundations, pavements, abandonment and/or installation of infrastructure; grading or any other ground disturbing or altering activities, including the placement of any imported fill materials (note: all fill materials shall be absent of any and all cultural resources); and any related road improvements, including, but not limited to, the installation of infrastructure, realignments, and/or expansions to parking lots. Other tasks of the monitoring program shall include the following:

a. The requirement for cultural resource mitigation monitoring shall be noted on all applicable construction documents, including demolition 11/14/2023 PH2 204 of 261

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plans, grading plans, etc.
b. The Qualified Archaeologist and TCA Native American Monitor shall attend at least one pre-construction meeting with the Contractor and/or associated Subcontractors (e.g., Grading Contractor) and a representative from the City of Vista’s Engineering or Community Development departments to present the archaeological monitoring program as presented in these measures.
c. The Qualified Archaeologist shall maintain ongoing collaborative consultation with the TCA Native American Monitor during all ground disturbing or altering activities, as identified above. The Contractor or Grading Contractor shall notify the Director of Community Development & Engineering, preferably through e-mail, of the start and end of all ground-disturbing activities.
d. The Qualified Archaeologist and/or TCA Native American Monitor may halt ground-disturbing activities if archaeological artifact deposits or cultural features are discovered. In general, ground-disturbing activities shall be directed away from these deposits for a short time to allow a determination of potential significance, the subject of which shall be determined by the Qualified Archaeologist and the TCA Native American Monitor. If a determination is made that the unearthed artifact deposits or tribal cultural resources are considered potentially significant, the consulting TCA Tribe(s) shall be notified and consulted in regards to the respectful and dignified treatment of those resources.

Ground disturbing activities shall not resume until the Qualified Archaeologist, in consultation with the TCA Native American Monitor, deems the cultural resource or feature has been appropriately documented and/or protected. At the Qualified Archaeologist’s discretion, the location of ground disturbing activities may be relocated elsewhere on the project site to avoid further disturbance of cultural resources.
e. The avoidance and protection of discovered unknown and significant cultural resources and/or unique archaeological resources is the preferable mitigation for the proposed project. If avoidance is not feasible, culturally appropriate treatment of those resources, including but not limited to funding an ethnographic or ethnohistoric study of the resource(s), and/or developing a data recovery plan may be authorized by the City as the Lead Agency under CEQA. If data recovery is required, then the consulting TCA Tribe(s) shall be notified and consulted in drafting and finalizing any such recovery plan.

CUL-2: Prior to the submission of a grading plan to City staff for review, the Applicant or Owner, and/or Contractor shall enter into a Pre-Excavation Agreement with a Traditionally and Culturally Affiliated Native American Tribe (“TCA Tribe”). A copy of the agreement shall be included in the grading plan submission. The purpose of this agreement shall be to formalize protocols and procedures between the Applicant or Owner, and/or Contractor, and the TCA tribe for the protection and treatment of, including but not limited to, Native American human remains, funerary objects, cultural and religious landscapes, 11/14/2023 PH2 205 of 261

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ceremonial items, traditional gathering areas and cultural items, located and/or discovered through a monitoring program in conjunction with the construction of the proposed project, including additional archaeological surveys and/or studies, excavations, geotechnical investigations, off-site infrastructure installation, grading, and all other ground disturbing activities.

CUL-3: Prior to the release of the Grading Bond, a Monitoring Report and/or Evaluation Report, which shall comply with Government Code Section 6254(r), shall be submitted by the Qualified Archaeologist, along with the TCA Native American Monitor’s notes and comments, to the City Planner for the project administrative record.

CUL-4: All cultural materials that are associated with burial and/or funerary goods shall be repatriated to the Most Likely Descendant as determined by the Native American Heritage Commission (NAHC) per California Public Resources Code Section 5097.98.

CUL-5: Recovered cultural material of historic significance, but not of tribal significance, shall be curated with accompanying catalog, photographs, and reports to a San Diego curation facility that meets federal standards per 36 CFR Part 79. Materials of Native American origin should be catalogued in the field by the archaeologist with the TCA monitor present. No materials are to leave the project site. The cultural material can then be returned to the Tribe(s) for reburial on the project site as detailed below. Recovered cultural material of tribal cultural significance shall be repatriated as stipulated in the pre- excavation agreement as described in CR-2. Onsite Resource Reburial: Upon completion of all ground-disturbing and grading activities on the Project site, the TCA monitor and representatives from the Tribe(s) will rebury any resources recovered from the Project site in an open space area that will remain free from any active recreational uses or any further excavation or ground disturbance. Any reburial site shall be culturally appropriate and explicitly approved in writing by the consulting Tribe(s). The reburial location will be covered first by a layer of geomat and then backfilled with clean fill dirt.

Once reburial activities are completed, the site will be protected via a restrictive covenant or similar deed restriction that prohibits future excavation or disturbance of the reburial location.

CUL-6: As specified by California Health and Safety Code Section 7050.5, if human remains are found on the project site during construction or during archaeological work, the person responsible for the excavation, or his or her authorized representative, shall immediately notify the San Diego County Coroner’s office by telephone. No further excavation or disturbance of the discovery or any nearby area reasonably suspected to overlie adjacent remains (as determined by the Qualified Archaeologist and/or the TCA Native American monitor) shall occur until the Coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code 5097.98. If such a discovery occurs, a temporary construction exclusion zone shall be established surrounding the area of the discovery so that the area 11/14/2023 PH2 206 of 261

30 P22-0182
would be protected (as determined by the Qualified Archaeologist and/or the TCA Native American monitor), and consultation and treatment could occur as prescribed by law. As further defined by State law, the Coroner would determine within two working days of being notified if the remains are subject to his or her authority. If the Coroner recognizes the remains to be Native American, he or she shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission would then make a determination as to the Most Likely Descendent. If Native American remains are discovered, the remains shall be kept in situ (“in place”), or in a secure location in close proximity to where they were found, until after the Medical Examiner makes its determination and notifications, and until after the Most Likely Descendant is identified. The analysis of the remains shall only occur on-site in the presence of a Most Likely Descendant. The specific locations of Native American burials and reburials will be proprietary and not disclosed to the general public. According to California Health and Safety Code, six or more human burials at one location constitute a cemetery (Section 8100), and disturbance of Native American cemeteries is a felony (Section 7052). In the event that the project proponent and the MLD are in disagreement regarding the disposition of the remains, State law will apply, and the mediation process will occur with NAHC. In the event that mediation is not successful, the landowner shall rebury the remains at a location free from future disturbance (see Public Resources Code Section 5097.98(e) and 5097.94(k)).

GEO-1: Prior to the issuance of a Grading Permit, the City or Grading Contractor shall provide written evidence to the Director of Community Development that the Contractor has retained a City-approved Qualified Paleontologist to monitor all earth‐disturbing activities within areas where the underlying formation consists of Santiago Formation. Prior to the release of the grading bond, a post-construction monitoring report shall be prepared and submitted to the Director of Community Development. All fossil materials recovered during mitigation monitoring shall be cleaned, identified, cataloged, and analyzed in accordance with standard professional practices. The results of the field work and laboratory analysis shall be included in the post- construction monitoring report (including a finding of no impact), and the entire collection transferred to an approved facility.

HM-1: During grading operations, observations shall be made by onsite construction personnel during any future ground disturbing activities for areas of possible contamination such as, but not limited to: the presence of underground facilities, buried debris, waste drums or tanks, or odorous soils.

Should such materials be encountered, disposal shall occur in accordance with City, County of San Diego, and State and federal regulations.

NOI-1: Implementation of the following multi‐part mitigation measure shall be required to reduce potential construction period noise impacts:
• Administrative controls (e.g., reduce operating time of equipment and/or prohibit usage of equipment type[s] within certain distances). • Engineering controls (upgrade noise controls, such as install better engine 11/14/2023 PH2 207 of 261

31 P22-0182
exhaust mufflers).
• Install noise abatement on the site boundary fencing (or within, as practical and appropriate) in the form of sound blankets or comparable temporary barriers (e.g., stacked sheets of plywood supported with framing) to occlude construction noise emission between the site (or specific equipment operation as the situation may define) and offsite noise- sensitive receptor(s) of concern.
• At the outset of a project construction activity, an unattended noise level monitor might be deployed onsite to measure and document that noise exposure levels attributed to project construction activity at adjacent offsite sensitive receptors are in conformance with the 75 dBA 8 hour Leq threshold.

16. The above listed mitigation measures shall be implemented according to the Timing of Compliance as described in the MND.

17. Indemnification:
a. By accepting the permit or approval, applicant agrees to accept responsibility for defending against any third party challenge to the grant of this permit or approval. Except as otherwise provided by state or federal law, the applicant shall defend, indemnify and hold the City harmless from any costs, claims, penalties, fines, judgments, or liabilities arising from the approval, including without limitation, any award or attorney’s fees that might result from the third party challenge.

b. The City shall promptly notify the applicant of any challenge and the City shall cooperate fully in the defense. If the City fails to promptly notify the applicant of any challenge or if the City fails to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City. For the purposes of this indemnity, the term “City” shall include the City of Vista, its officers, officials, employees, agents and representatives. For the purposes of this section, the term “challenge” means any legal or administrative action to dispute, contest, attach, set aside, limit, or modify the approval, project conditions, or any act upon which the approval is based, including any action alleging a failure to comply with the California Environmental Quality Act or other laws.

c. For this permit or approval to become effective, the applicant must, within thirty business days of the grant of this permit or approval, execute a form accepting the permit or approval with all conditions.

Upon executing the form, the applicant may not challenge the imposition of any condition, except as otherwise provided by law.

18. The second floor of Unit Plan 1 (the 14 two-bedroom townhomes) shall be redesigned to eliminate the “FAMILY RM” (loft area), and to create instead a dual-master-bedroom (i.e., 2 master bedrooms) second floor 11/14/2023 PH2 208 of 261

32 P22-0182
plan.

19. The project’s perimeter walls adjacent to neighboring properties, the public right-of-way, and facing off-site locations, shall be constructed of decorative CMU block.

11/14/2023 PH2 209 of 261

TOWNHOMES
2112 SUNSET DRIVE
VISTA, CA 92081
SWS Engineering, Inc.
11/14/2023 PH2 210 of 261

B
U
E
N
A

V
I
S
T
A

C
R
E
E
K

SECTION B
SHEET 4

TOWNHOMES
2112 SUNSET DRIVE
VISTA, CA 92081
SWS Engineering, Inc.

M A T CH L IN E - S E E L E F T

MATCH LINE - SEE RIGHT
SO
U
T
H

E
M
E
R
A
L
D

D
R
I
V
E

SOUTH EMERALD DRIVE

MATCH LINE - SEE RIGHT

MATCH LINE - SEE LEFT

E M E R ALD H OLL O W D RIVE
11/14/2023 PH2 211 of 261

SECTION A
SHEET 4

TOWNHOMES
2112 SUNSET DRIVE
VISTA, CA 92081
SWS Engineering, Inc.

SUNSET DRIVE

SKYHAVEN DRIVE
11/14/2023 PH2 212 of 261

TOWNHOMES
2112 SUNSET DRIVE
VISTA, CA 92081
SWS Engineering, Inc.

SOUTHERLY PARCEL SECTION A

NORTHERLY PARCEL SECTION B
11/14/2023 PH2 213 of 261

11/14/2023 PH2 214 of 261

T
T
T
P
//
//
//
//
//
//
//
ADA
ADA

ADA ADA
T
T
T
P
N46°42'36"W 265.00'

25.5 A
A
A
A

B B B BC
C

9.0 9.0
R28.0
R
4 8.0R28.0
R48.0

23.4 35.0
3 5 .0

25.0 20.0
3 5.0

26.0 25.0

26.0 26.0

27.3 16.5

9.0 8.0

25.0 23.0

8.0 18.5

19.0 26.0

61.7 26.0
26 .
4 27
.
0 19.1

22.5 16.5

5.5 9.0

11.8 16
.
9 17
.
3 15
.
5 26.5

9. 0

19.0 2 6.5

23.2 20.3
1 1
1 1
11 2
2 2
2 2
9 5V 5
3 4
5V
6 6
7 7
7 3
9 10
10 10
10 10
11 11
11 11
11 11
14 13
13 14
15 13
17 17
1616
16 7
8 3
3 3
3 6
6 6
18 101010
2 6

NOT A PART
PL-3 PL-1 PL-2
PL-3
PL-3
PL-3
PL-1PL-1
PL-1
PL-2PL-2
PL-2
PL-2
PL-2
PL-2 PL-2
PL-2
PL-2PL-2
PL-2
PL-3
PL-3
PL-3
PL-3
PL-1
PL-1
PL-1
PL-1
PL-1
PL-1
PL-1
PL-1
PL-1 PL-1
PL-4
PL-4
PL-4
PL-4
SUNSET DR.

BUENA VISTA CREEK
SKYHAVEN DR.

N43°17'24"E
21 0
.
7 3
'
N46°42'36"W 397.34'
N
3 1
°
2 1
'
4 2
"
E
2 2
6 .
8 0
'
N41°04'42"E
286.94'
1 5.5 0'
N
0°4
5'3
2"
E
1 2

1.6 9'
175.56'
N4
3 °
1 7
'
2 4
"
E
191.98'

EXISTING DETACHED HOMES EXISTING DETACHED HOMES
S4
3 °
0 6
'
3 8
"
W
16 4
.
4 0
'
EX. F.H.
1 34
.
6 19.0
12 ABV.

54.0 16
1 2 3
4 5 6
11 12 13
7 8
9 10 17
16 15
14 18
19 20
21 24
23 22
25 26
27 28
29 33
32 31
30 34
35 36
37 38

32.943.9

32.9 28.6

N O R T H
AUG. 10, 2023 5256 S. Mission Road, Ste. 404
Bonsall, CA 92003
www.summarch.com p.760.724.1198 ARCHITECTURE
2112 SUNSET DRIVE TOWNHOMES - VISTA, CA

LEGACY PARTNERS
5141 CALIFORNIA AVE, #100
IRVINE, CA 92617
949-930-7712
SHT.

OF
0 30 60 90 1
SITE PLAN KEYNOTES:

PROPERTY LINE
DRIVE ASILE 26'-0" WIDE
STD. OPEN PARKING STALL - 9' X 19' TYP.
(16.5' PAVED W/ 2.5' PLANTER OVERHANG)
PARALLEL PARKING STALL - 9' X 23' (TYP.)

ACCESSIBLE PARKING STALL -
9' X 18' WITH 5' STRIPING (STAND.)

ACCESSIBLE PARKING STALL -
9' X 18' WITH 5' STRIPING (VAN)
2-STORY TOWNHOME BLDG. TYP.

RECREATION AREA W/ 30' X 30' MIN. DIM.

TOT LOT

COMMUNITY MAILBOX LOCATION

PRIVATE PATIO

BLOCK WALL PER LANDSCAPE PLANS

TUBE STEEL FENCE PER LANDSCAPE PLANS

ENTRY MONUMENT

ENHANCED PAVING AT ENTRANCE

EMERGENCY ACCESS GATE

WATER QUALITY AREA

NATURAL OPEN SPACE TO REMAIN

SDGE OVERHEAD GUY WIRE
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 5V
16 17
P22-0182

PLANNING DEPARTMENT DATE

ENGINEERING DEPARTMENT

FIRE DEPARTMENT

PUBLIC WORKS DEPARTMENT
DATE
DATE
DATE
PROJECT SUMMARY:

PRODUCT TYPE 2 STORY TOWNHOMES
W/ 2 CAR ATTACHED GARAGES
PROPOSED UNITS 38 UNITS (10 TOTAL BUILDINGS)
A.P.N.166-450-39-00,
166-450-40-00,
166-751-44-00
SITE AREA 4.30 ACRES (187,514 SF)
PROPOSED DENSITY 8.83 DU/ACRE (38 DU / 4.30 AC)

CURRENT LAND USE MHD & GC (MEDIUM HIGH DENSITY

RESIDENTIAL & GENERAL COMMERCIAL)
PROPOSED LAND USE: MHD & MD (MEDIUM HIGH & MEDIUM

DENSITY RESIDENTIAL)
CURRENT ZONING R-M (15) & C-1
PROPOSED ZONING: R-M (15) & R-M (10)

MULTIFAMILY RESIDENTIAL

PRODUCT SUMMARY
14 PLAN 1 1,440 SF 2 BDRM
12 PLAN 2 1,540 SF 3 BDRM
8 PLAN 3 1,710 SF 3 BDRM
4 PLAN 4 1,780 SF 3 BDRM
10% GROUND FLOOR ADAPTABLE AT MULTI-STORY DWELLING UNITS REQUIRED PER CBC 1102A.3.1 (38 DU X 10% = 3.8 OR 4 UNITS) ADAPTABLE UNITS (13, 22, 25, 34)
OCCUPANCY:CRC R3/U TOWNHOMES
CONSTRUCTION TYPE: TYPE VB
SPRINKLERS NFPA 13D

PARKING SUMMARY
2 BDRM @ 2.5 ST/U X 14 = 35 STALLS
3&4 BDRM @ 3.0 ST/U X 24 = 72 STALLS
TOTAL PARKING REQUIRED 107 STALLS
76 GARAGE STALLS
34 GUEST STALLS
110 STALLS PROVIDED

2.89 ST/UNIT
ACCESSIBLE PARKING:
34 UNASSIGNED STALLS X 5% = 2 REQ'D
EV PARKING:

REQUIRED = 1 PER DWELLING = 38 EV GARAGES
PROVIDE RACEWAY W/ DEDICATED 208/240-VOLT BRANCH

CIRCUIT AT ALL PRIVATE ATTACHED TOWNHOME GARAGES
W/ RACEWAY TRADE SIZE 1 MINIMUM. CGBSC 4.106.4.1

OPEN SPACE SUMMARY
COMMON REQ'D 125 X 100 BDRMS = 12,500 SF
PRIVATE REQ'D 100 X 38 UNITS = 3,800 SF
TOTAL REQ'D 16,300 SF
COMMON OPEN (MIN. 30'X30') 17,761 SF
COMMON OPEN (LESS THAN 30') 5,552 SF
TOTAL COMMON PROVIDED 23,313 SF (233 SF/BDRM)
TOTAL PRIVATE PROVIDED 10,026 SF (263.8 SF/U)
TOTAL OPEN SPACE PROVIDED 33,339 SF

SHEET INDEX
SITE PLAN 1
UNIT PLANS 1-2 2
UNIT PLANS 3-4 3
BUILDING PLANS A-B 4
BUILDING PLANS C 5
ROOF PLANS 6
BLDG A ELEVATIONS 7
BLDG B ELEVATIONS 8
BLDG C ELEVATIONS 9
PERSPECTIVES 10
11 LEGEND
PROPERTY LINE/R.O.W.

STREET CENTERLINE

ADA PATH OF TRAVEL

PERIMETER WALL
(SEE LANDSCAPE PLANS)

BUILDING TYPE
(SEE SHEETS 4-6

UNIT NUMBER

FIRE HYDRANT

ADAPTABLE UNIT
18 NORTH

VICINITY MAP
A

BLDG AREAS
4 BLDG A 6,130 S.F.
4 BLDG B 8,035 S.F.
2 BLDG C 10,605 S.F.

TOTAL PROJECT 77,870 S.F.
1 11/14/2023 PH2 215 of 261

Second Floor Plan First Floor Plan
BDRM 1
BA 2
LA
CL
BA 1
DINING
LIVING
KIT
GARAGE
PWDTR
80 C.F.

OVERHEAD

STORAGE RACK
(20' X 20')
PLAN 1
Total Livable 1,440 s.f.
47 '
-
9 1
/
2 "
21'-0"
2'
-
1 "
44 '
-
2 1
/
2 "
1'
-
6 "
10'-5"4'-9 1/2"5'-9 1/2"
21'-0"
5'-9 1/2"15'-2 1/2"
47 '
-
9 1
/
2 "
2'
-
1 "
45 '
-
8 1
/
2 "
BDRM 2 FAMILY RM
CL
1'
-
6 "
O
80 C.F.

OVERHEAD

STORAGE RACK
20'-5"
20 '
-
5 1
/
2 "
UNIT PLAN 1
P22-0182
AUG. 10, 2023 5256 S. Mission Road, Ste. 404
Bonsall, CA 92003
www.summarch.com p.760.724.1198 ARCHITECTURE
SHT.

OF
2112 SUNSET DRIVE TOWNHOMES - VISTA, CA

LEGACY PARTNERS
5141 CALIFORNIA AVE, #100
IRVINE, CA 92617
949-930-7712
0 4 8 12 2
11 11/14/2023 PH2 216 of 261

Second Floor Plan First Floor Plan

FAMILY RM
BDRM 1
BA 2
LA
BDRM 3
BDRM 2
CL
BA 1

LIVING RM

DINING RM
KIT
GARAGE
PWD
80 C.F.

OVERHEAD

STORAGE RACK
80 C.F.

OVERHEAD

STORAGE RACK
(20' X 20')
T
R
PLAN 2
Total Livable 1,540 s.f.
48 '
-
8 3
/
4 "
2'
-
6 "
22 '
-
1 1

1 /
4 "
21 '
-
3 1
/
2 "
2'
-
0 "
48 '
-
8 3
/
4 "
2'
-
0 "
14 '
-
0 1
/
2 "
11 '
-
6 1
/
2 "
7'
-
3 1
/
2 "
13 '
-
1 0

1 /
4 "
24'-0"
6'-3 1/2"
24'-0"
6'-3 1/2"15'-8 1/2"1'-0"1'-0"15'-8 1/2"1'-0"1'-0"
O
20'-3"

LIVING RM

DINING RM
KIT

ADA PWD
(20' X 20')
T
O
R
First Floor Plan - ADA Ground Floor
48 '
-
8 3
/
4 "
24'-0"
UNIT PLAN 2
P22-0182
AUG. 10, 2023 5256 S. Mission Road, Ste. 404
Bonsall, CA 92003
www.summarch.com p.760.724.1198 ARCHITECTURE
SHT.

OF
2112 SUNSET DRIVE TOWNHOMES - VISTA, CA

LEGACY PARTNERS
5141 CALIFORNIA AVE, #100
IRVINE, CA 92617
949-930-7712
0 4 8 12 3
11 11/14/2023 PH2 217 of 261

Second Floor Plan PLAN 3
Total Livable 1,710 s.f.

First Floor Plan
BDRM 1BA 1
CL
BA 2
LA
BDRM 2
BDRM 3

DINING RM LIVING RM
KIT
GARAGE
PWD
(20' X 20')
80 C.F.

OVERHEAD

STORAGE RACK
80 C.F.

OVERHEAD

STORAGE RACK
T
R
48 '
-
2 "
2'
-
5 1
/
2 "
23 '
-
9 1
/
4 "
20 '
-
5 1
/
2 "
1'
-
6 "
48 '
-
2 "
20 '
-
5 1
/
2 "
1'
-
6 "
23 '
-
9 1
/
4 "
2'
-
5 1
/
2 "
26'-0"
11'-7 1/2"5'-2 1/4"9'-2 1/4"
26'-0"
11'-7 1/2"14'-4 1/2"
O
22'-4"
Second Floor Plan PLAN 4
Total Livable 1,780 s.f.First Floor Plan
BDRM 1
BA 1
CL
BA 2
LA
BDRM 2 BDRM 3

FAMILY RM

DINING RM LIVING RM
KIT
GARAGE
PWD
(20' X 20')
16 0

C
.

F
.

S
T
O
R
A
G
E
T
R
26'-0"
11'-0 1/2"
26'-0"
11'-0 1/2"5'-9 1/4"9'-2 1/4"14'-11 1/2"
48 '
-
2 "
1'
-
6 "
48 '
-
2 "
1'
-
6 "
44 '
-
2 3
/
4 "
2'
-
5 1
/
2 "
44 '
-
2 3
/
4 "
2'
-
5 1
/
2 "
20'-0"
O
20 '
-
0 "
0 4 8 12
UNIT PLANS 3 & 4
P22-0182
AUG. 10, 2023 5256 S. Mission Road, Ste. 404
Bonsall, CA 92003
www.summarch.com p.760.724.1198 ARCHITECTURE
SHT.

OF
2112 SUNSET DRIVE TOWNHOMES - VISTA, CA

LEGACY PARTNERS
5141 CALIFORNIA AVE, #100
IRVINE, CA 92617
949-930-7712
4 11
11/14/2023 PH2 218 of 261

BLDG ABLDG B

FIRST FLOOR PLAN FIRST FLOOR PLAN

SECOND FLOOR PLAN SECOND FLOOR PLAN
69'-4"
26'-0"2"21'-0"2"22'-0"
48 '
-
8 3
/
4 "
90'-6"
21'-0"2"21'-0"2"22'-0"
48 '
-
8 3
/
4 "
2"26'-0"
PL 2-1 PL 2-1
PL 2-2 PL 2-2
PL 1-1 PL 1-1 PL 1-1PL 3-1PL 3-1
PL 1-2 PL 1-2 PL 1-2PL 3-2PL 3-2

BUILDING A-B FLOOR PLANS
P22-0182
AUG. 10, 2023 5256 S. Mission Road, Ste. 404
Bonsall, CA 92003
www.summarch.com p.760.724.1198 ARCHITECTURE
SHT.

OF
2112 SUNSET DRIVE TOWNHOMES - VISTA, CA

LEGACY PARTNERS
5141 CALIFORNIA AVE, #100
IRVINE, CA 92617
949-930-7712
0 8 16 24 5
11 11/14/2023 PH2 219 of 261

BLDG C

FIRST FLOOR PLAN

SECOND FLOOR PLAN
117'-8"
26'-0"2"21'-0"2"22'-0"
48 '
-
8 3
/
4 "
2"26'-0"2"22'-0"
PL 2-1 PL 2-1
PL 2-2 PL 2-2
PL 4-1 PL 4-1 PL 1-1
PL 4-2 PL 4-2
PL 1-2

BUILDING C FLOOR PLANS
P22-0182
AUG. 10, 2023 5256 S. Mission Road, Ste. 404
Bonsall, CA 92003
www.summarch.com p.760.724.1198 ARCHITECTURE
SHT.

OF
2112 SUNSET DRIVE TOWNHOMES - VISTA, CA

LEGACY PARTNERS
5141 CALIFORNIA AVE, #100
IRVINE, CA 92617
949-930-7712
0 8 16 24 6
11 11/14/2023 PH2 220 of 261

RIDGE
4:
1 2
4:
1 2
4:
1 2
4:
1 2
4:12
4:124:12
4:12
4:12
4:12
4:12
4:12
4:12
4:124:12
4:12 4:124:12
4:12
4:12
4:12
4:12
4:12
4:12
4:12
4:12
4:12
4:12
4:12
4:
1 2
4:
1 2
4:
1 2
4:
1 2
4:
1 2
4:
1 2
4:
1 2
4:
1 2
4:
1 2
4:
1 2
4:
1 2
4:
1 2
4:
1 2
4:
1 2
4:
1 2
4:
1 2
4:
1 2
4:
1 2
4:
1 2
4:
1 2
4:
1 2
4:
1 2
4:
1 2
4:
1 2
4:
1 2
4:
1 2
4:
1 2
4:
1 2
4:
1 2
4:
1 2
4:12
4:12
4:12 4:12
4:
1 2
RIDGE
RIDGE
RIDGE
RIDGE
RIDGE

RIDGE RIDGERIDGE RIDGERIDGE
RIDGE
RIDGE
RIDGE
RIDGE
RIDGE

RIDGEVALLEY
VALLEY
VA
L
LE
Y
VAL
LE
Y
VA
L
L
E
Y
VA
L
L
EY
VA
L
L
E
Y
VALLEY
VA
L
LE
Y
VA
L
L
EY
HIP
VA
L
L
E
Y
VALLEY
VALLEY
VALLEY
VALL
EY
VALLEY
VALLEY
VALLEY
VALLEY
VALLEY
VALLEY
VALLEY
VALL
EY
VALLEY
HIP
HIP
HIPHIP
HIP

CONCRETE S TILE W/
12" OVERHANG AT EAVES
AND 2" RAKES, TYPICALCONCRETE S TILE W/
12" OVERHANG AT EAVES
AND 2" RAKES, TYPICAL

CONCRETE S TILE W/
12" OVERHANG AT EAVES
AND 2" RAKES, TYPICAL

BLDG ABLDG B
BLDG C

ROOF PLANS
P22-0182
AUG. 10, 2023 5256 S. Mission Road, Ste. 404
Bonsall, CA 92003
www.summarch.com p.760.724.1198 ARCHITECTURE
SHT.

OF
2112 SUNSET DRIVE TOWNHOMES - VISTA, CA

LEGACY PARTNERS
5141 CALIFORNIA AVE, #100
IRVINE, CA 92617
949-930-7712
0 8 16 24 7
11 11/14/2023 PH2 221 of 261

PLAN 2 PLAN 1 PLAN 3
9'
-
1 "
9'
-
1 "
30 '
-
3 "

OVERALL HEIGHT
PLAN 3 PLAN 1 PLAN 2PLAN 3
PLAN 2

MATERIAL SCHEDULE

1.ROOF - CONCRETE S TILE ROOFING

2.FASCIA - STUCCO OVER SHAPED FOAM CORNICE

3.WALL - EXTERIOR 20/30 SAND FINISH STUCCO

4.VINYL WINDOW W/ STUCCO O/ E.P.S. TRIM

5.RECESSED VINYL WINDOW W/ E.P.S. SILL & ARCHED SOFFIT

6.DECORATIVE GABLE/WALL ACCENT

7.DECORATIVE SHAPED FOAM CORBEL

8.DECORATIVE METAL AWNING

9.DECORATIVE METAL JULIET BALCONY

10.DECORATIVE COMPOSITE SHUTTER

11.USABLE METAL POTSHELF

12.DECORATIVE EXTERIOR LIGHT FIXTURE

13.DECORATIVE METAL GRILLE

14.STUCCO PATIO LOW WALL W/ METAL GATE

BUILDING A ELEVATIONS
P22-0182
AUG. 10, 2023 5256 S. Mission Road, Ste. 404
Bonsall, CA 92003
www.summarch.com p.760.724.1198 ARCHITECTURE
SHT.

OF
2112 SUNSET DRIVE TOWNHOMES - VISTA, CA

LEGACY PARTNERS
5141 CALIFORNIA AVE, #100
IRVINE, CA 92617
949-930-7712
0 8 16 24

BUILDING A - REAR EXTERIOR ELEVATION

BUILDING A - FRONT EXTERIOR ELEVATIONBUILDING A - LEFT EXTERIOR ELEVATION

BUILDING A - RIGHT EXTERIOR ELEVATION
8 11
11/14/2023 PH2 222 of 261

PLAN 2 PLAN 1 PLAN 1 PLAN 3
PLAN 3 PLAN 1 PLAN 1
9'
-
1 "
9'
-
1 "
30 '
-
3 "
PLAN 2

OVERALL HEIGHT
PLAN 3
PLAN 2

MATERIAL SCHEDULE

1.ROOF - CONCRETE S TILE ROOFING

2.FASCIA - STUCCO OVER SHAPED FOAM CORNICE

3.WALL - EXTERIOR 20/30 SAND FINISH STUCCO

4.VINYL WINDOW W/ STUCCO O/ E.P.S. TRIM

5.RECESSED VINYL WINDOW W/ E.P.S. SILL & ARCHED SOFFIT

6.DECORATIVE GABLE/WALL ACCENT

7.DECORATIVE SHAPED FOAM CORBEL

8.DECORATIVE METAL AWNING

9.DECORATIVE METAL JULIET BALCONY

10.DECORATIVE COMPOSITE SHUTTER

11.USABLE METAL POTSHELF

12.DECORATIVE EXTERIOR LIGHT FIXTURE

13.DECORATIVE METAL GRILLE

14.STUCCO PATIO LOW WALL W/ METAL GATE

BUILDING B ELEVATIONS
P22-0182
AUG. 10, 2023 5256 S. Mission Road, Ste. 404
Bonsall, CA 92003
www.summarch.com p.760.724.1198 ARCHITECTURE
SHT.

OF
2112 SUNSET DRIVE TOWNHOMES - VISTA, CA

LEGACY PARTNERS
5141 CALIFORNIA AVE, #100
IRVINE, CA 92617
949-930-7712
0 8 16 24

BUILDING B - REAR EXTERIOR ELEVATION

BUILDING B - FRONT EXTERIOR ELEVATIONBUILDING B - LEFT EXTERIOR ELEVATION

BUILDING B - RIGHT EXTERIOR ELEVATION
9 11
11/14/2023 PH2 223 of 261

PLAN 4 PLAN 4 PLAN 1PLAN 2 PLAN 2
PLAN 1 PLAN 4 PLAN 4
9'
-
1 "
9'
-
1 "
30 '
-
3 "
PLAN 2PLAN 2

OVERALL HEIGHT
PLAN 2
PLAN 2

MATERIAL SCHEDULE

1.ROOF - CONCRETE S TILE ROOFING

2.FASCIA - STUCCO OVER SHAPED FOAM CORNICE

3.WALL - EXTERIOR 20/30 SAND FINISH STUCCO

4.VINYL WINDOW W/ STUCCO O/ E.P.S. TRIM

5.RECESSED VINYL WINDOW W/ E.P.S. SILL & ARCHED SOFFIT

6.DECORATIVE GABLE/WALL ACCENT

7.DECORATIVE SHAPED FOAM CORBEL

8.DECORATIVE METAL AWNING

9.DECORATIVE METAL JULIET BALCONY

10.DECORATIVE COMPOSITE SHUTTER

11.USABLE METAL POTSHELF

12.DECORATIVE EXTERIOR LIGHT FIXTURE

13.DECORATIVE METAL GRILLE

14.STUCCO PATIO LOW WALL W/ METAL GATE

BUILDING C ELEVATIONS
P22-0182
AUG. 10, 2023 5256 S. Mission Road, Ste. 404
Bonsall, CA 92003
www.summarch.com p.760.724.1198 ARCHITECTURE
SHT.

OF
2112 SUNSET DRIVE TOWNHOMES - VISTA, CA

LEGACY PARTNERS
5141 CALIFORNIA AVE, #100
IRVINE, CA 92617
949-930-7712

BUILDING C - REAR EXTERIOR ELEVATION

BUILDING C - FRONT EXTERIOR ELEVATIONBUILDING C - LEFT EXTERIOR ELEVATION

BUILDING C - RIGHT EXTERIOR ELEVATION
0 8 16 24 10
11 11/14/2023 PH2 224 of 261

PERSPECTIVES
P22-0182
AUG. 10, 2023 5256 S. Mission Road, Ste. 404
Bonsall, CA 92003
www.summarch.com p.760.724.1198 ARCHITECTURE
SHT.

OF
2112 SUNSET DRIVE TOWNHOMES - VISTA, CA

LEGACY PARTNERS
5141 CALIFORNIA AVE, #100
IRVINE, CA 92617
949-930-7712
11 11

BUILDING A

BUILDING BBUILDING D

DRIVE AISLE AT PROJECT INTERIOR
11/14/2023 PH2 225 of 261

Schematic Landscape Plan
Vista - Sunset Dr.

Legacy Partners
Project No.: LP01-D
Date: Aug. 11, 2023
4th City Submittal
Dining Lounge with Shade Structure, BBQ Island, Dining Chairs, Firepit and Lounge Furniture for small social events and group gatherings (See Community Amenity Enlargement Plans A and B on Sheet L-2 and L-3).

Play Area, with tot-lot, benches and Lawn area with cornhole for small gatherings. (See Community Amenity Enlargement Plans A and B on Sheet L-2 and L-3).

Passive Lawn with benches.

Reading Nooks with Adriondacks and specimen trees.

Three community cluster mailboxes, per USPS review and approval.

Proposed wall, pilaster, gate or fence, per Wall & Fence Plan.

Enhanced paving at main project entry.

Proposed tree, per Planting Plan.
4' wide community natural colored concrete sidewalk, with light top-cast finish and saw-cut joints.

Accessible parking stall and striping, per Civil plans.

Guest parking stall.

Natural colored concrete driveway, with light broom finish and tooled joints.12.

13. 11.

10. 5.

9. 8.

7. 6.

4. 3.

2. 1.

LEGEND

14. 15.

16. 17.

18. 19.

20. 21.

22. 23.

24. Private patio / yard area, homeowner maintained.

Common area landscape, builder installed and HOA maintained.

Community dog bag station (black in color), for pet owners.

Property line.

Public street R.O.W.

Proposed public street sidewalk, per Civil plans.

Transformer to be screened with landscape, quantity and final locations to be determined.

Short term bike parking (4 bike racks to accommodate 8 bike stalls).

Proposed EVA Gate.

Proposed Sign Monument.

Existing Southern Arroyo WIllow Riparian Forest.

Existing Top of Water Bank - Jurisdictional Water Line.

Storm drain utility, per Civil Engineer's Plans.
*Conceptual images (provided herein are conceptual and subject to change)

25. P22-0182
11/14/2023 PH2 226 of 261

Schematic Enlargement Plan A - Community Amenity Areas
Vista - Sunset Dr.

Legacy Partners
Project No.: LP01-D
Date: Aug. 11, 2023
4th City Submittal
Dining Lounge Area:
-Shade Structure
-BBQ Island
-Dining Chairs
-Firepit
-Lounge Furniture
Bench Seating Area
Reading Nook:
-Adriondacks
-Specimen trees.

Entry Signage Feature
Play Area:
-Tot-lot
-Benches Picnic Table Seating Area
Cornhole Area with Real TurfMailboxes and Parcel Lockers Bike Racks
*Conceptual images (provided herein are conceptual and subject to change) Enhanced Paving and Specimen Trees
at Main Project Entry
Reading Nook:
-Adriondacks
-Specimen trees.

P22-0182
11/14/2023 PH2 227 of 261

Schematic Enlargement Plan B - Community Amenity Areas
Vista - Sunset Dr.

Legacy Partners
Project No.: LP01-D
Date: Aug. 11, 2023
4th City Submittal
*Conceptual images (provided herein are conceptual and subject to change) Passive Lawn Area with Benches
Water Quality Basin
(per Civil Engineer's plans)
Dining Lounge Area:
-Shade Structure
-BBQ Island
-Dining Chairs
-Firepit
-Deco Metal Vine Panels
-Lounge Furniture
Enhanced Paving and Specimen Trees
at Main Project Entry
EVA Gate
Entry Signage Feature
P22-0182
11/14/2023 PH2 228 of 261

X
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ADA
ADA

ADA ADA

WALL, FENCE & GATE LEGEND
6'-0" High split-face or slump CMU wall, with 4" high precision CMU cap (tan color). 6'-0" High tube steel fence (black paint color).
3'-6" High stucco over CMU patio wall, with flat stucco cap. 6'-6" High (16" sq.) split-face or slump block pilaster, with 18" sq. (4" H). CMU cap (tan color). 3'-6" High vinyl private yard gate (tan color).
6'-0" High metal EVA gates (black color, temporary access with Knox Box per local Fire code).

ADA Path of Travel.

Schematic Wall and Fence Plan
Vista - Sunset Dr.

Legacy Partners
Project No.: LP01-D
Date: Aug. 11, 2023
4th City Submittal
EVA Gate
*Conceptual images (provided herein are conceptual and subject to change) Maintain wall 35'
from jurisdiction
limits
2'-9"
10 '
-0"
R/W (Per Civil)
R/W (Per Civil)
P22-0182
NOTES:

1. Anti-Graffiti coating treatment to be done during the construction phase, and maintained by HOA.

2. All retaining wall condition, please refer to Civil Engineer plan.

R/W (Per Civil)
11/14/2023 PH2 229 of 261

X
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ADA ADA
Olive sp. (Fruitless Olive)
Type/Form
Tristania conferta (Brisbane Box)

PLANTING LEGEND
Symbol
Specimen
Street
Trunk
Natural
Single
Botanical Name (Common Name)
Suggestions
Quervus agrifolia (Coast Live Oak)
Size
B&B
24" Box
TREES
Magnolia g. 'Little Gem (Southern Magnolia)Focal Single 36" Box Low
Mod.
(R3)
WUCOLS
Qty.
5 18
Jacaranda mimosifolia (Jacaranda)
Mod. 11
Low
Single 36" Box
Medium SingleGeijera parvilflora (Australian Willow)24" Box Low 36 Lagerstroemoia indica 'Muskogee'Deciduous Single
Flowering
15 Gal Low 23
(Lavender-Pink Crape Myrtle)
Cupressus sempervirens (Italian Cypress)Columnar Single 15 Gal Low 36 Total = 156
Rhus lancea (African Sumac)Street Single 24" Box Mod. 27 Bougainvillea x 'Monka' (Oo-La-La Bougainvillea)Vines Single 15 Gal Low 18 Total = 18
Schematic Planting Plan - Tree & Vine Planting
Vista - Sunset Dr.

Legacy Partners
Project No.: LP01-D
Date: Aug. 11, 2023
4th City Submittal
NOTES:

1. Vehicular Swinging Gates to be installed per local Fire Codes & Regulations.

3. All trees within 5' of hardscape to be installed with deep root barriers.

4. Irrigation (low volume or subsurface) system and meters will be provided / located, in the Construction Document phase, and to be installed per local California water regulations (AB1881) .

5. All areas requiring slope re-vegetation planting shall be irrigated with a permanent automatically controlled irrigation system covering 100% of the planted area.

6. Recycled water maybe used for single family residences if available. If not available project will use potable water.

7. Transformers, back-flow preventers & other above-ground utilities to be screened with landscape as permitted per local codes & regulations.

8. Landscape lighting (landscape up-lights, path lights/bollards, etc.) to be coordinated with Electrical Engineer in future phase.
I am familiar with and agree to comply with the requirements for landscape improvements as described in Chapter 18.56 of the Vista Development Code. This plan has been prepared in compliance with those regulations. I certify that the plan implements the regulations to provide efficient landscape water use.
Landscape Architect (Lic No. 5067 CA): _________________________________ Applicant: _________________________________
Peter A. Duarte

1. All proposed planting areas shall be treated with soil conditioners to increase and retain soil moisture.

4. Three inches of bark mulch will be used in non-turf areas to reduce moisture loss. Turf is located at the pocket park only.

5. All areas requiring slope re-vegetation planting shall be irrigated with a permanent automatically controlled irrigation system covering 100% of the planted area.

WATER CONSERVATION (PLAN):
**SEE SHEET L-5B FOR PROPOSED PLANTING AREAS AND
CORRESPONDING CONCEPTUAL PLANT LISTS.

VINES & ESPALIERS
Bougainvillea 'Monka' Bougainvillea
Pandorea jasminoides 'Lady Di' White Bower Vine
Macfadyena unguis-cati Yellow Trumpet Vine
(Oo-La-La® Bougainvillea)
7'-0"
11'-4"
7'-11"
5'-10"
6'
-
9 "
8'-1"8'-1"
7'-6"
7'
-
7 "
6'
-
0 "
10'-3"
5'
-
0 "
5'-10"
5'
-
0 "
5'-4"
5'
-
1 0
"
5'-0"5'-4"
10'-2"
7'
-
0 "
9'-10"
5'
-
0 "
7'
-
4 "
5'
-
4 "
5'-10"
5'-10"
8'-0"
10 '
-
0 "
8'-0"8'-1"
6'
-
9 "
5'
-
7 "
10'-2"
6'
-
1 0
"
5'-6"
5'-0"
6'
-
1 1
"
5'
-
0 "
P22-0182
11/14/2023 PH2 230 of 261

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ADA ADA
Coastal Native Sage Hydroseed
Rhus ovata
Toyon
Cal. Blackberry
Schematic Planting Plan - Shrub & Groundcover Planting
Vista - Sunset Dr.

Legacy Partners
Project No.: LP01-D
Date: Aug. 11, 2023
4th City Submittal
Muhlenbergia rigens
SHRUBS and GROUND COVER
Deer Grass
Bougainvillea sp.Bougainvillea
Callistemon citrinus 'Little John' Dwarf Bottlebrush
Chamaerops humilis Mediterranean Fan Palm
Nassella pulchra Purple Needlegrass
Dasylirion longissimum Pink Passion Dracaena Palm
Carissa m. 'Green Carpet'Dwarf Natal Plum
Lavandula stoechas Hazel Spanish Lavender

COMMON AREA
Trailing Ice PlantDelosperma cooperi
Dietes bicolor Fortnight Lily
Xylosma congestum 'Compact' Compact Xylosma
Rosmarinus officinalis 'Tuscan Blue' Rosemary
Rhaphiolepis indica 'Clara"India Hawthorn
Rosmarinus p. 'Huntington Carpet' Groundcover / Prostrate Rosemary Feijoa sellowiana Pinapple Guava
I am familiar with and agree to comply with the requirements for landscape improvements as described in Chapter 18.56 of the Vista Development Code. This plan has been prepared in compliance with those regulations. I certify that the plan implements the regulations to provide efficient landscape water use.
Landscape Architect (Lic No. 5067 CA): _________________________________ Applicant: _________________________________
Peter A. Duarte
SLOPE PLANTINGS:

Slope plantings will be developed in the Landscape Construction Documents to include the following standards and meet the following requirements:

A. All graded slopes shall be planted with trees, shrubs and ground-covers.

B. Ground-covers shall be permanent species planted from liners or flats at 12" O.C.

C. Provide 1 one gallon shrub for each 100 SF of slope and 1 five gallon shrub for every 200 SF of slope.

E. Reinforced straw mats (SC 150 manufactured by North American Green 1-800-4731965 or City approved equal) wil be installed on all slopes 3:1 or greater.

Carex pansa
Low
Med
Very Low
Low
Very Low
Low
Low
Med
Low/Med
Med/High
(WUCOLS R3)All shrubs within line of sight to be
maintained at max. 3ft height

ACCENT SHRUBS
Agave sp.Agave
Aloe sp.Aloe
Anigozanthos Kangaroo Paw

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ADA ADA
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R G R G R G
Regular trash bin.

Recycle bin.

Green & Organic Waste bin.

Trash hauler path of travel.
*Bin Container Sizes Vary:
96-Gallon Cart (35.75 x 29.75 x 43.25").
32-Gallon Cart (24.25" x 19.75" x 37.50").

LEGEND
R
G
Schematic Trash Exhibit & Hauler Circulation Plan
Vista - Sunset Dr.

Legacy Partners
Project No.: LP01-D
Date: Aug. 11, 2023
4th City Submittal
Sign to be added.

No parking on Trash Pick-up day.

R 1 5'-0"
R15'-0"
26'-0"
R 17'-0"R17'-0"
26 '
-
0 "
17 '
-
0 "
18 '
-
0 "
26 '
-
0 "
26'-0"
EVA / Resident Exit only Gate
P22-0182
11/14/2023 PH2 232 of 261

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ADA ADA

SYMBOL NOTES QTY
USABLE (PROGRAMMMED) OPEN SPACE (MIN.
30`X30`)17,761 sf

USABLE (PROGRAMMMED) OPEN SPACE (LESS
THAN 30` DIM.)5,552 sf
PRIVATE PATIO/YARD (MIN. 8` DIM.)10,026 sf
COMMON LANDSCAPE AREA (HOA MAINTAINED)26,662 sf
MITIGATION PLANTING ON RIPARIAN SLOPE 14,465 sf
RIPARIAN AREA (UNDISTRUBED)37,505 sf
OFF - SITE PLANTING 2,096 sf

OPEN SPACE LEGEND
Common Usable O.S. = (17,761+ 5,552)sf
23,313 sf.

Private Open Space = 10,026 sf.
263.8 sf per unit
Other Landscape Area = (26,662 + 14,465)sf
41,127 sf. (21.9%)
Riparian Area= 37,505 sf
Total Project Area = 187,514 sf.

TOTAL LANDSCAPE AREA : 74,466 sf
*Not including Riparian Area (Undisturbed Areas) and
Off-Site Planting
12,500 sf. (125 x 100)
125 sf per bedroom
3,800 sf. (38 x 100)
100 sf per unit
28,127.1 sf. (15% of the overall project area)
RequiredProvided
Schematic Common/Private Open Space Plan
Vista - Sunset Dr.

Legacy Partners
Project No.: LP01-D
Date: Aug. 11, 2023
4th City Submittal
P22-0182
Reading Nook 1 = 4,274 sq ft.
- Adirondacks & tables
Reading Nook 2 = 1,635 sq ft.
- Adirondacks & tables
Play Area #1 = 5,678 sq ft.
- Totlot
- benches
- Tables & Chairs
- Natural Lawn
- Cornhole
Picnic Area #1 = 2,764 sq ft.
- BBQ Island
- Shade Structure
- Dining Furniture
- Lounge Furniture
- Fire-pit
Picnic Area #2 = 2,839 sq ft.
- BBQ Island
- Shade Structure
- Dining Furniture
- Lounge Furniture
- Fire-pit
Play Area #3 = 2,040 sq ft.
- Natural Lawn
- Bench
Play Area #2 = 2,873 sq ft.
- Natural Lawn
- Bench
Reading Nook 3 = 1,210 sq ft.
- Adirondacks & tables
18'-0"
16 '
-
6 "
37'-11"
10'-0"
15 '
-
6 "
Patio Area: 182 sq ft.

Patio Area: 540 sq ft.

Patio Area: 321 sq ft.

Patio Area: 131 sq ft.

Patio Area: 930 sq ft.

Patio Area: 155 sq ft.Patio Area: 197 sq ft.

Patio Area: 964 sq ft.

Patio Area: 540 sq ft.

Patio Area: 142 sq ft.

Patio Area: 131 sq ft.

Patio Area: 161 sq ft.

Patio Area: 191 sq ft.

North Site:

Picnic Area #2 = 2,839 sq ft.
- BBQ Island
- Shade Structure
- Dining Furniture
- Lounge Furniture
- Fire-pit
Play Area #3 = 2,040 sq ft.
- Natural Lawn
- Bench
TOTAL: 23,313 sq ft.
11/14/2023 PH2 233 of 261

X
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(MU)
APN - 166-450-39 & 166-751-44
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11/14/2023 PH2 235 of 261

ORDINANCE NO. 2023-

AN ORDINANCE OF THE CITY COUNCIL OF THE CHARTERED

CITY OF VISTA, CALIFORNIA, APPROVING A ZONE CHANGE
FROM C-1 COMMERCIAL ZONE TO MULTI-FAMILY RESIDENTIAL
AT A DENSITY OF 10 DWELLING UNITS PER ACRE (R-M (10)) ON TWO PARCELS (APNS 166-450-39 AND 166-751-44) THAT MAKE
UP THE NORTHERN 3.1 ACRES OF A 4.3-ACRE PROJECT SITE
LOCATED AT 2112 SUNSET DRIVE, KNOWN AS THE SUNSET

DRIVE TOWNHOMES PROJECT
APPLICANT: LEGACY PARTNERS
PLANNING CASE NO. P22-0182
The City Council of the City of Vista does resolve as follows:

1.Findings. The City Council hereby finds and declares all of the following:

A.This ordinance is enacted by the City Council pursuant to its authority under the Charter of the City of Vista and Article 11, Section 7 of the California Constitution.

B. The applicant, Legacy Partners, submitted a formal application to change the zoning designation from C-1 Commercial Zone to Multi-family Residential at a density of 10 dwelling units per acre (R-M (10)) on two parcels (APNs 166-450-39 and 166-751-44) that make up the northern 3.1 acres of a 4.3-acre project site located at 2112 Sunset Drive, with a General Plan Amendment, a Tentative Subdivision Map, a Site Development Plan, and a Condominium Housing Permit to develop 38 condominium residences and associated site improvements.

C.A Mitigated Negative Declaration (MND) was prepared for the proposed subdivision, which is included as Exhibit "A" to Exhibit 1. The mitigation requirements are summarized in the Mitigation Monitoring and Reporting Program included as Exhibit "B" to Exhibit 1. The public review period started on June 29, 2023 and ended on July 28, 2023 , and eleven comment letters were received during that period, and written responses were prepared for all eleven comment letters received (contained in Appendix K of the MND).

D. The Planning Commission is an advisory body to the City Council with respect to zoning amendments, and recommended approval of the proposed Zone Change with the approval of Planning Commission Resolution No. 2023-23, consistent with Government Code Section 65855.

E. Pursuant to chapters 18.06 and 18.80 of the Vista Development Code, the City Council held a duly noticed public hearing on the requested Zone Change on November 14, 2023.

F. At said public hearing, staff reports, both written and oral were received 11/14/2023 PH2 236 of 261
EXHIBIT 3

ORDINANCE 2023-

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE NO. 2

in evidence and all persons desiring to speak on the proposed project were heard. At the conclusion of said hearing, after consideration of all evidence presented, the City Council reached a decision on the matter as set forth.

2. Code Amendment.

A. The zoning designation on APN’s 166-450-39 AND 166-751-44 that make up the northern 3.1 acres of a 4.3-acre project site located at 2112 Sunset Drive is hereby changed from C-1 Commercial Zone to Multi-family Residential at a density of 10 dwelling units per acre (R-M (10)). The City Planner is hereby authorized to make a corresponding change to the official Zoning Map on the effective date of this Ordinance. The recommended Zone Change is attached as Exhibit "A".

3. Severability. If any word, sentence, paragraph, or other portion of this ordinance is deemed to be invalid or unenforceable for any reason by a court of competent jurisdiction, the City Council declares its intent that all remaining words, sentences, paragraphs or portions of the ordinance not held to be invalid or unenforceable shall remain in full force and effect, and shall be so construed, as if the original ordinance did not contain the invalid or unenforceable language.

4. Effective Date. This Ordinance shall be in full force and effect on the thirty- first day following the date of its adoption.

5. Adoption. INTRODUCED and ADOPTED at a meeting of the City Council of the City of Vista held on November 14, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY

By:

JOHN FRANKLIN, MAYOR

ATTEST:

KATHY VALDEZ, CITY CLERK

By:

Exhibits: Zone Change Exhibit A

APPROVED
Walter C. Chung
20231103155631

11/14/2023 PH2 237 of 261

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11/14/2023 PH2 238 of 261
EXHIBIT 4

P22-0182 SR 1

PLANNING COMMISSION

STAFF REPORT

PUBLIC HEARING
OCTOBER 17, 2023
P22-0182

REQUEST: A request for approval of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, General Plan Amendment, Zone Change, Tentative Subdivision Map, Site Development Plan, and Condominium Housing Permit to allow for the construction of 38 condominium residences and associated site improvements on a 4.3-acre site located at 2112 Sunset Drive (APNs 166-450-39, 166-450-40, and 166-751-44).

APPLICANT: Legacy Partners

RECOMMENDATIONS:

1. Adopt Resolution 2023- , recommending City Council adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Sunset Drive Townhomes project, Planning Case No. P22-0182

2. Adopt Resolution 2023- , recommending City Council approval of a General Plan Amendment, Zone Change, Tentative Subdivision Map, Site Development Plan, and Condominium Housing Permit to allow for the construction of 38 condominium residences and associated site improvements on a 4.3-acre site located at 2112 Sunset Drive (APNs 166-450-39, 166-450-40, and 166-751-44)

LOCATION: 2112 Sunset Drive

APNs: 166-450-39, 166-450-40, and 166-751-44

LAND AREA: Approximately 4.3 acres

KEY ISSUES: Is the project consistent with the Vista General Plan 2030?

Does the project comply with the development standards of the R-M Zone?

Is this project compatible with existing development in the surrounding area?

I. SITE AND PROJECT DESCRIPTION
A. Site Description
The project site is located at 2112 Sunset Drive and consists of three parcels (166-450-39; 166-450-40; and 166-751-44) that total approximately 4.3 acres in size. The site is located south of the Buena Vista Creek and west of 11/14/2023 PH2 239 of 261

P22-0182 SR 2
Sunset Drive/S. Emerald Drive. The site is split by an existing driveway that serves the Green Valley mobile home community. The northern portion of the site (approximately 3.1 acres) is undeveloped, vacant land. The southern portion of the site (approximately 1.2 acres) currently maintains a vacant existing residence and associated structures which would be demolished prior to project development. The site has elevations that range from 236 above mean sea level (AMSL) in the southern portion of the site to 211 AMSL in the northern portion of the site. The majority of the site is relatively flat, with a mild slope in the southern portion that descends towards the north. Stormwater runoff flows northerly, eventually discharging into existing stormwater facilities and Buena Vista Creek, which flows to Buena Vista lagoon, ultimately discharging to the Pacific Ocean.

The site is bound by the existing Green Valley mobile home park to the west, and Santiago estates mobile park to the east, across S. Emerald Drive/Sunset Drive. To the north, the site is bound by open space that encompasses the Buena Vista Creek area, and beyond that commercial land uses (primarily, a 4-acre retail plaza that fronts on to Hacienda Drive). The southern portion of the site is adjacent to the City of Vista’s boundary with the City of Oceanside, just north of Sky Haven Lane. The nearest City of Vista park to the site is Bub Williamson Park located approximately one mile to the north. Oceanside’s Oak Riparian Park is located approximately one mile to the southeast on Lake Boulevard. Public utilities are available within the existing adjacent streets including sewer, water, stormwater, and electrical service.

The northern portion of the site, consisting of parcels 166-450-39 and 166- 751-44, is currently designated as General Commercial (GC) in the Vista General Plan 2030, with a corresponding zoning designation of C-1 Commercial. The southern portion of the site, parcel 166-450-40, is currently designated Medium High Density Residential (MHD) which allows 15 dwelling units per acre and has a corresponding zoning of Multi-Family Residential (R-M (15)). A majority of the northern portion of the site is located within a 100-year floodplain. Proposed construction in such areas is required to comply with the applicable floodplain management regulations prescribed by local, state, and federal law (including the California Building Code) which provide standards for preventing and reducing flood loss an d damage.

B. Project Description
The Sunset Drive Townhomes Project consists of a request for approval of a General Plan Amendment, Zone Change, Tentative Subdivision Map, Site Development Plan, and Condominium Housing Permit to allow for the construction of 38 condominium residences in 10 buildings, with onsite private roadways and associated improvements, on a 4.3-acre site located at 2112 Sunset Drive. The overall site is comprised of three parcels including APNs 166-450-39, 166-450-40, and 166-751-44. The proposed General Plan Amendment and Zone Change only apply to parcels 166-450-39 and 166-751-44.
11/14/2023 PH2 240 of 261

P22-0182 SR 3

The site is split by an existing driveway that serves the Green Valley mobile home community. Construction on the northern portion of the site would consist of three 4-plexes and four 3-plexes, for a total of 24 townhomes in seven buildings. Construction on the southern portion of the site would consist of two 5-plexes and one 4-plex, for a total of 14 townhomes in three buildings. Overall, the proposed density is approximately 9 units per acre (approximately 8 units per acre on the northern portion of the site and 12 units per acre on the southern portion).

The northern portion of the site (APNs 166-450-39 and 166-751-44) is currently designated as General Commercial (GC) under the Vista General Plan 2030, with a corresponding zoning designation of C-1 (Commercial) Zone. The project proposes amending the General Plan land use designation from GC to Medium Density Residential (MD), with a zone change from C-1 Commercial to Multi-family Residential (R-M (10)) in order to accommodate the proposed development of townhomes.

Regarding the southern portion of the site, the project has been designed to be consistent with the current land use designation as Medium High Density Residential (MHD) and the existing zoning as Multi-Family Residential (R-M (15)). The existing land use designation and zoning for this portion of the site can accommodate the proposed townhome development. Therefore, no change is proposed to the existing MHD land use designation and the existing R-M (15) zone.

Regarding the total 38 townhomes, the project proposes 14 two-bedroom units and 24 three-bedroom units (see Unit Mix, below). All buildings would be 2-stories with a maximum height of 30 feet, 3 inches. The project proposes four floor plans, with sizes ranging from 1,440 square feet to 1,780 square feet. Each townhome features a 2-car enclosed garage, kitchen, living, dining areas, and a half-bath on the first floor. Bedrooms, full- bathrooms, and washer and dryer hookups are located on the second floor.

Additionally, 30 units would include a loft area on the second floor designed for use as an upstairs living room.

Unit Mix
Plan Square Footage
(sq. ft.) Bedrooms Bathrooms Number of
Units
1 1,440 2 + Loft 2.5 14
2 1,540 3 + Loft 2.5 12
3 1,710 3 2.5 8
4 1,780 3 + Loft 2.5 4
Total 38
Source: SUMMA Architecture 2022

The building exteriors are designed with Spanish architectural features, utilizing concrete S-tile roofing and stucco finishes in three color schemes. 11/14/2023 PH2 241 of 261

P22-0182 SR 4
Decorative details include recessed windows with arched soffits, decorative metal awnings, and composite shutters. Other metal work includes decorative grills, pot-shelves, and faux Juliet balconies. A select number of doors and windows on the front elevations would feature decorative tile trim as shown on the project elevation drawings and perspective views (Exhibit

2.D.) The front door to the townhomes would be accessed from within private patios adjacent to the project’s internal sidewalk system. The private patios feature stucco finished low walls (42-inch height) with complimentary pedestrian gates.

Vehicular access to the project site would be provided by three separate access drives connecting to the public right-of-way along S. Emerald Drive/Sunset Drive. Two full access driveways would serve the project’s residents and feature enhanced paving at the project entrances. The third driveway would be gated to provide emergency vehicle access only. Onsite circulation would consist of two-lane private roadways throughout both the northern and southern portions of the site. The two-story townhomes would be oriented with the garages facing the private roadways. The project proposes a total of 110 parking stalls that include 76 garage parking stalls and 34 open guest parking stalls.

The project proposes 23,313 square feet of common open space and 10,026 square feet of private open space. Amenities within the common open space areas include reading nooks with Adirondack chairs; a play area including a tot lot, bench seating and picnic table areas; two outdoor dining lounges that features a shade structure, barbeque island, dining chairs, and a fire pit with lounge seating; a corn-hole game area; and a passive lawn area with bench seating. The private open space consists of private patios adjacent to the front doors to the townhomes as described above. In total, the project would provide 33,339 square feet of open space onsite for residents.

The project proposes 38,519 square feet of landscaping, which is approximately 21.8 percent of the project site as shown on the concept landscape plan. An additional 37,505 square feet of natural open space would remain undisturbed within the Buena Vista Creek area, accounting for an additional 20 percent of the project area. A total of 114 trees would be planted on-site, ranging in size from 15 gallons to 36-inch boxes. All trees within 5 feet of hardscape would be installed with root barriers. Landscaping would consist of non-invasive and low water use/drought tolerant plants. A diverse range of textural and flowering species are proposed in order to complement the onsite architecture and provide shade, color, and visual integration with surrounding areas.

The project would construct a new sidewalk within the public right-of-way along the eastern site frontage, which would connect to the existing public sidewalk north of the project site along S. Emerald Drive. Additional improvements to the street frontage include new curb and gutter, a 5-foot- wide bicycle lane, two speed-radar feedback signs (one for north-bound traffic, one for south-bound traffic) to reduce speeding, and a new two-way 11/14/2023 PH2 242 of 261

P22-0182 SR 5
left turn lane separating the two through-lanes in order to improve vehicular access to the driveways to the project and to the driveway to the existing mobile home park. Onsite walkways will connect to the public sidewalk at three locations adjacent to the new private driveways as depicted in the project plans. In addition to LED (light-emitting diode) light poles placed along pedestrian pathways and parking areas onsite, there would also be continuous light strings and bollard lighting within the common usable open space areas.

C. Zoning / Existing Land Use
Subject property:

Existing:

C-1 Commercial Zone (northern portion of site) / vacant land R-M (15) Multi-Residential Zone (southern portion) / single- family residence
Proposed:

R-M (10) (northern portion)

Surrounding properties:

North: C-1 & C-2 Commercial Zones / retail center and commercial truck service
East: MHP – Mobile Home Park & A-1 Agricultural Zone / mobile homes, vacant land
South: RH – High Density Residential (Oceanside) / vacant land West: MHP – Mobile Home Park / mobile homes

D. General Plan Land Use Designation
Subject property:

Existing: GC – General Commercial (northern portion of site) MHD – Medium High Density Residential (southern
portion)
Proposed: MD – Medium Density Residential (northern portion)

Surrounding property:

North: OS – Open Space (Buena Vista Creek)
East: MHD & RR – Rural Residential
South: HD-R (Oceanside) – High Density Residential
West: MD – Medium Density Residential

E. Environmental Review
A Mitigated Negative Declaration (MND) was prepared for the proposed project in accordance with the California Environmental Quality Act (CEQA), which determined that the project would not result in any unmitigated significant environmental impacts. The MND was circulated for public review from June 29, 2023, to July 28, 2023. The City received 11 comment letters during public review of the environmental document. All comments r eceived and staff’s responses are attached to the MND (Appendix K to Exhibit 1.A).

The project will be required to comply with the mitigation measures specified in the MND and included within the project’s Mitigation Monitoring and 11/14/2023 PH2 243 of 261

P22-0182 SR 6
Reporting Program (MMRP). These mitigation measures, related to Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, and Noise, are included in the project Conditions of Approval.

II. ANALYSIS
A. General Plan Conformance
As summarized in the project description, the southern portion of the site is currently designated as Medium High Density Residential (MHD) by the Vista General Plan 2030, which allows 15 dwelling units per acre. The existing zoning is R-M (15) Multi-Family Residential. These land use and zoning designations would remain as established. Since this portion of the site is approximately 1.2 acres, the construction of 14 townhomes would result in a density of approximately 12 units per acre, which would be consistent with the existing land use and zoning designations.

The northern portion of the site is currently designated as General Commercial (GC) by the Vista General Plan 2030, with a corresponding zoning as C-1 (Commercial) Zone. Since this portion of the site is approximately 3.1 acres in size, the construction of 24 townhomes would result in a density of approximately 8 units per acre which would be consistent with the proposed Medium Density Residential (MD) land use designation and the corresponding zoning of R-M (10) Multi-Family Residential. Therefore, upon approval of the General Plan Amendment and Zone Change, the proposed project density, inclusive of both the north and south project areas, would conform to the General Plan.

Additionally, state law requires jurisdictions to provide for their fair share of regional housing needs for varied income categories to accommodate the forecasted growth in the number of households. The Project would provide new housing opportunities within the City in accordance with the goals and policy of the City’s Housing Element. A detailed analysis of the project’s conformity with the General Plan is included in the attached Mitigated Negative Declaration (Exhibit 1.A.)

B. Zoning Conformance
Upon City approval of the General Plan Amendment and Zone Change as described above, the proposed project would be required to comply with the development standards of the city’s Development Code. The property is zoned (R-M) Multi-Residential Zone with a density designation of 10 units per acre (R-M (10)) proposed for the northern portion of the site. The existing zoning of the southern portion of the site is R-M (15). As detailed under the General Plan Conformance section of this report, the project proposes densities of 8 units per acre on the northern portion of the site and 12 units per acre on the southern portion of the site, which will not exceed the maximum densities allowed by the R-M (10) and R-M (15) zones, respectively. Therefore, the project complies with the allowable density. The average density of the overall project is 9 units per acre.

11/14/2023 PH2 244 of 261

P22-0182 SR 7
The R-M Zone stipulates a maximum building height of 35 feet. The project proposes building heights not to exceed 30 feet, 3 inches, therefore, the project complies with the maximum allowable building height. The zoning requires a 20-foot front setback from the ultimate street line. The project provides a minimum 20-foot front setback for the northern portion of the site and a 28-foot front setback for the southern portion of the site, which comply with the required front setback. The project requires a minimum 15-foot setback from side and rear property lines. The project proposes side and rear setbacks ranging from 23 feet to the south adjacent to the city’s boundary with Oceanside near Sky Haven Lane, over 100 feet to the north adjacent to the Buena Vista Creek, 20 feet adjacent to the driveway entrance to the Green Valley mobile home park that bisects the project site, and setbacks ranging from 15 to 34 feet towards the west adjacent to the western property line. However, one townhome (Unit 24) is currently shown at an 11 foot, 8 inch setback on the architectural site plan (12 foot, 2 inches is shown on the civil drawing) towards the western property line where 15 feet is required. It appears that there is sufficient area available to shift this building a few feet to the east in order to comply with the required setback. The project conditions stipulate that the project must comply with the city’s Development Code, and a final Site Development Plan must be submitted for approval prior to issuance of a building permit. Compliance with all required setbacks, including the minimum 15-foot setback from side and rear property lines, will be verified during plan check of the project’s construction drawings and final Site Development Plan.

Dwelling units proposed within the R-M Zone are subject to the minimum size requirements established in Section 18.58.550 of the Development Code, which requires a minimum size of 700 square feet for one-bedroom units, 880 square feet for two-bedroom units, and 1,160 square feet for three- bedroom units. The project proposes two-bedroom townhomes at 1,440 square feet in size and three-bedroom townhomes that range from 1,540 to 1,780 square feet in size. Therefore, the proposed townhomes comply with the minimum floor area requirements. Also, every enclosed garage will include storage areas with a minimum size of 160 cubic feet as required by the Development Code.

Each townhome that would be built in the project must comply with the off‐ street parking standards of 2.5 parking stalls for each two-bedroom townhome (2.5 x 14 = 35 stalls) and 3 parking stalls for each three-bedroom townhome (3 x 24 = 72 stalls). Based on the unit types (14 two-bedroom units and 24 three-bedroom units), the project is required to maintain 107 total parking stalls. The project meets this requirement by providing 76 enclosed garage stalls and 34 open (guest) parking stalls, for a total of 110 stalls.

The Development Code requires 125 square feet of common usable open space for each bedroom. The proposed project is designed with 100 total bedrooms, which equates to 12,500 square feet of required common usable open space. The project proposes 23,313 square feet of common open 11/14/2023 PH2 245 of 261

P22-0182 SR 8
space to comply with this requirement. The Development Code also requires a minimum of 100 square feet of private open space for each townhome. All of the proposed townhomes feature private patio areas that will meet or exceed this requirement. Overall, the 38 townhomes require 3,800 square feet of private open space. The project provides a total of 16,300 square feet of private open space which complies with the minimum requirement.

The Development Code requires 15 percent of the project site to be landscaped. The project proposes 38,519 square feet of landscaping, which is approximately 22 percent of the project site as shown on the concept landscape plan. Plant selection is based on the Water Efficient Landscaping Ordinance in the City’s Development Code, Chapter 18.56.

The City’s Design Guidelines require that at least two functional amenities be provided for the project. The project proposes to meet this requirement by providing 23,313 square feet of common open space that would include reading nooks with Adirondack chairs; a play area including a tot lot, bench seating, and picnic table areas; two outdoor dining lounges that features a shade structure, barbeque island, dining chairs, and a fire pit with lounge seating; a corn-hole game area; and a passive lawn area with bench seating.

C. Land Use Compatibility
The proposed project is essentially an urban infill project consisting of 38 townhomes with associated onsite and offsite improvements. The project site is predominantly surrounded by retail commercial development to the north and mobile home parks to the west and to the east. The project would be developed with an average density of approximately 9 units per acre, which is comparable to the adjacent mobile home parks that were developed at a density of approximately 8 dwelling units per acre. The project exceeds open space requirements and includes landscaping along the project frontage along Emerald Drive/Sunset Drive to help integrate the project within the existing residential character of nearby neighborhoods. The project would not disrupt or divide the physical arrangement of the community, and the proposed architectural design will be compatible with the character of the surrounding area. Given that the project site is adjacent to the Buena Vista Creek and a majority of the northern portion of the site is located within a 100-year floodplain, the project conditions require compliance with construction standards for preventing and reducing flood loss and damage.

Additionally, the project would construct a sidewalk, curb, and gutter along S.

Emerald Drive/Sunset Drive and existing overhead utilities (high-power lines excepted) would be undergrounded along the project frontage. Given that there is existing residential development south, east, and west of the project site of comparable density, the aesthetic improvement the project will provide to the surrounding area, and the right-of-way improvements that include a new 2-way left turn lane as a traffic improvement, the proposed project would be compatible with adjacent land uses.

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D. Traffic Impacts
A Local Transportation Assessment (Appendix E to the MND) was prepared for the project to evaluate existing traffic conditions, project trip generation, project access, and related aspects of vehicular transportation. Based on the City of Vista’s improvement thresholds that use a Level of Service (LOS) analysis, no substantial effects are identified as the proposed project adds less than 2 seconds of average vehicle delay.

Additionally, the project would add only five (5) AM and seven (7) PM peak hour trips to the Sunset Drive/Sky Haven intersection, which is determined to be within the day to day fluctuation in traffic. Therefore, it was determined that no further improvements are required by the project. The project also did not trigger the need for traffic mitigation for purposes of CEQA. However, the project would still construct a sidewalk, curb and gutter along the project frontage, and a two-way left-turn lane separate from the through-lanes to allow for left turn access to each project driveway and the Green Valley Mobile Home driveway. Traffic calming measures would also be incorporated into the project design, consisting of speed feedback signs as shown in the project plans (Civil Sheet 5 of 5, Sunset Drive Concept Plan).

In regards to short-term construction traffic, the applicant and/or contractor would be required to prepare and implement a Traffic Control Plan to the satisfaction of the City Traffic Engineer. In addition, a Haul Route Permit is required for the transport of fill material to or from the site for grading operations. A detailed discussion of the traffic analysis is included in the project MND (Exhibit A to Exhibit 1).

E. Public Policy Consideration:

1. The Land Use and Community Identity (LUCI) Element of the General Plan identifies specific goals intended to protect community character, provide for quality design, and to provide a variety of housing types that will provide for the diverse needs of the City’s residents. The proposed project fulfills these goals by contributing to the range of housing types within the City’s overall housing supply that will support a variety of income and age groups. Also, the proposed townhomes are designed with sufficient architectural quality which will contribute to the community character in that vicinity, while ensuring compatibility to existing development surrounding and nearby the project site.

2. Zoning Conformance: Section 18.34 of the Development Code identifies the requirements for permitted uses; building heights; setbacks; lot coverage; and utilities under the R-M designation. As discussed in the above Zoning Conformance section of this report, the proposed project would be consistent with the zoning designations of R-M (10) and R-M (15) Multi-Family Residential Zones, as applicable, and the project meets or exceeds the minimum requirements.

III. REQUIRED FINDINGS
The draft findings for approval of the Site Development Plan, Tentative Subdivision Map, and Condominium Housing Permit are included in the attached Resolution 11/14/2023 PH2 247 of 261

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(Exhibit 2). The required discretionary approvals, in addition to the General Plan Amendment and Zone Change, are:
• Site Development Plan: Per Chapter 18.64 in the Vista Development Code, this plan is required for determining project consistency with the City’s General Plan 2030, Zoning Code, development standards, design guidelines, etc. • Tentative Subdivision Map: Per Chapter 17.12 in the Vista Development Code, this map is required for the division and development of the 38 proposed condominium units on the subject property.
• Condominium Permit: Per Chapter 18.60 in the Vista Development Code, this permit is required to be filed and processed with the Tentative Subdivision Map.

IV. CONCLUSION AND RECOMMENDATION:

If the requested General Plan Amendment and Zone Change as detailed above should be approved, the proposed project would be consistent with the proposed General Plan land use designation of MD on the northern portion of the site and the existing MHD land use designation on the southern portion of the site. The project complies with the development standards of the proposed R-M (10) Zone on the northern portion of the site and the existing R-M (15) Zone on the southern portion of the site, and the project is compatible with the surrounding land uses nearby the project site. Therefore, staff recommends the Planning Commission’s approval of the attached resolutions recommending the City Council’s approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, General Plan Amendment, Zone Change, Tentative Subdivision Map, Site Development Plan, and Condominium Housing Permit for the Sunset Drive Townhomes Project.

Respectfully submitted,

Chris Winters
Senior Planner

EXHIBITS:

1. Resolution 2023- , recommending City Council adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Sunset Drive Townhomes project, P22-0182
A. Mitigated Negative Declaration and Response to Comments B. Mitigation Monitoring and Reporting Program

2. Resolution 2023- , recommending City Council approval of a General Plan Amendment, Zone Change, Tentative Subdivision Map, Site Development Plan, and Condominium Housing Permit to allow for the construction of 38 condominium residences and associated site improvements on a 4.3-acre site located at 2112 Sunset Drive (APNs 166-450-39, 166-450-40, and 166-751-44) A. General Plan Map
B. Zone Change Map
C. Conditions of Approval
D. Project Plans

3. Project Location Map

4. Large scale plans – limited distribution
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REGULAR MEETING
October 17, 2023

The October 17, 2023, Regular Meeting of the Planning Commission was called to order by Chair Rosaler at 6:01 p.m.

PLEDGE OF ALLEGIANCE
Commissioner (“Cmnr.”) Savage led the Pledge of Allegiance

COMMISSION MEMBERS PRESENT:

Chair Rick Rosaler, Vice Chair Charles Grimm, Don Looney, John Savage, Student Cmnr. Julia Takano, Student Cmnr. Daphney Ortega

COMMISSION MEMBERS ABSENT:

Lisa De Jesus
Beth Hastings

STAFF PRESENT:

Acting Director of Community Development/City Planner Patsy Chow Senior Planner Christopher Winters
Assistant City Attorney Amanda Guy
Senior Office Specialist Esmeralda Romero

APPROVAL OF MINUTES:

Cmnr. Looney moved to approve the minutes of October 3, 2023. Seconded by Cmnr.

Savage

MOTION TO APPROVE CARRIED: 4-0

AGENDA CHANGES:

None.

ORAL COMMUNICATIONS:

None.

COMMISSIONERS
Chair Rick Rosaler, Vice Chair Charles Grimm,
Lisa De Jesus, Beth Hastings, Don Looney,
John Savage

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Planning Commission - Minutes
October 17, 2023

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Vista City CouncilNovember 14, 2023

Vista City Council
November 14, 2023