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HomeMy WebLinkAboutReso 1999-19426 RESOLUTION NO. 19426 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONDITIONAL USE PERMIT TO ESTABLISH AN 18-HOLE GOLF COURSE ON 509 ACRES LOCATED AT THE NORTHERN TERMINUS OF HUNTE PARKWAY WITHIN THE AGRICULTURAL ZONE. I. RECITALS A. Project Site WHEREAS, the parcel which is the subject matter of this Resolution is diagrammatically represented in Exhibit "A" attached hereto and incorporated herein by this reference, and for the purpose of general description herein, consists of approximately 509 acres at the northern terminus of Hunte Parkway ("Project Site"); and, B. Project; Application for Discretionary Approval WHEREAS, on September 14, 1998, a duly verified application for a Conditional Use Permit (PCC 99-16) was filed by Otay Water District ("Developer"); and WHEREAS, Developer requests permission to construct and operate an 18-hole golf course and associated facilities; and C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of an application (PCZ-99-01) to prezone the site A-8 Agricultural; and D. Environmental Determination WHEREAS, in accordance with the requirements of CEQA, the Environmental Review Coordinator has determined that the Project requires the preparation of an Initial Study: Such study was prepared by the Otay Water District, a state agency, and based on such study, a Mitigated Negative Declaration was prepared and circulated for public review. E. Planning Commission Record on CUP Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on March 1 O, 1999 and voted 5 to 0 to adopt Resolution No. PCC 99-16 recommending that the City Council adopt the Mitigated Negative Declaration issued for this Project, and approving Conditional Use Permit PCC 99-16 based on the findings and subject to the conditions contained therein; and WHEREAS, from the facts presented to the Planning Commission, the Commission has determined that the Project is consistent with the City of Chula Vista General Plan and that the public necessity, convenience and general welfare and good zoning practice support the Project; and Resolution 19426 Page 2 F. City Council Record of Application WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on April 13, 1999, to receive the recommendation of the Planning Commission and to hear public testimony with regard to the same. NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearing on this Project held on March 1 O, 1999 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. III. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the Mitigated Negative Declaration issued for this Project has been prepared in accordance with requirements of the California Environmental Quality Act and the Environmental Review Procedures of the City of Chula Vista. IV. INDEPENDENT JUDGEMENT OF THE CITY OF CHULA VISTA CITY COUNCIL The City Council finds that the Mitigated Negative Declaration prepared for this Project reflects the independent judgement of the City of Chula Vista City Council. V. CONDITIONAL USE PERMIT FINDINGS The City Council of the City of Chula Vista does hereby make the findings required by the City's rules and regulations for the issuance of conditional use permits, as hereinbelow set forth, and sets forth, thereunder, the evidentiary basis, in addition to all other evidence in the record, that permits the stated findings to be made. A. That the proposed use at the location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The proposed Project at this particular location will provide residents 'of the neighborhood and the community at large with recreational opportunities at the public golf course and pedestrian/equestrian trail, B. That such use will not under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The golf course activity area, clubhouse, driving range and maintenance facilities are located approximately 1,800 to 2,000 ft away from the nearest residential development. In addition, approval of this project includes measures to avoid potential impacts to the surrounding residential neighborhoods. C. That the proposed use will comply with the regulations and conditions specified in the code for such use. Compliance with all applicable conditions codes and regulations will be required prior to issuance of development permits. Resolution 19426 Page 3 That the granting of this conditional use permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. Approval of this Project, as conditioned, is in substantial conformance with City policies and the General Plan. BE IT FURTHER RESOLVED THAT THE CITY COUNCIL DOES HEREBY APPROVE THE PROJECT SUBJECT TO THE CONDITIONS SET FORTH BELOW: VI. TERMS OF GRANT OF PERMIT OF CONDITIONAL USE PERMIT The City Council hereby grants Conditional Use Permit PCC-99-16, subject to the following conditions: 1. Approval for the Project as depicted in plans provided for PCC-99-16 is contingent upon approval of PCZ-99-01 and subsequent annexation of the Project Site to the City of Chula Vista. 2. Prior to obtaining a zoning permit, construct a 1 O-foot wide, decomposed granite (d.g.) greenbelt/equestrian trail from the northern terminus of Hunte Parkway to the western boundary of the site, along the south side of the SDG&E utility easement (outside the easement). The trail design, construction specifications, signage and final alignment shall be approved by the Director of Planning and Building. 3. Prior to obtaining a zoning permit, construct e nine foot tall fence, in accordance with a fencing plan approved by the Design Review Committee, along the south side of the access roadway, extending from the entrance to the end of the fairway/green of hole number one. 4. Prior to obtaining any grading permits, grant the City a 15-foot wide easement or easements for a greenbelt/equestrisn trail along the south proper~y line, western edge of the golf course, and south side of the existing SDG&E easement, ending at the western property line of the site. Exact location and alignment shall be determined and approved by the Director of Planning and Building. 5. Prior to obtaining a zoning permit, a minimum of 108 standard size parking spaces (including handicap spaces) must be constructed according to City standards, and must be maintained at all times. 6. Upon issuance of a zoning permit, the Project shall be permitted to operate seven days per week, between the hours of 5:00 a.m. and 10:00 p.m., with the driving range lit. The driving range shall be graded and recessed in accordance with the preliminary grading plans prepared by the Project's civil engineer. The driving range lights shall be constructed, installed and aimed in accordance with the Conditional Use Permit drawings and the Point Illumination Study dated August 25, 1998 by Lithonia Lighting, using I.E.S. standards. The City may periodically hire a consultant to measure the driving range lighting levels to assure compliance with this condition. If the driving range lighting exceeds the lighting levels, applicant shall have thirty (30) days following written notice from the City to bring the lighting into compliance with this condition. If compliance has not been achieved within such period of time, night operations (from dusk until 1 O:00 p.m.) of the driving range shall cease until compliance is achieved. The City will pay consulting fees if the lighting levels are in compliance; the golf course operator will pay consulting fees if the lighting levels are not in compliance. Golf course operator shall remit payment within 30 days of written notice of amount of consulting fee. Resolution 19426 Page 4 7. Prior to obtaining a zoning permit, the Project shall meet all conditions of approval by the Design Review Committee (file DRC-99-30). 8. Prior to performing any work in the City's right-of-way, a construction permit from the City's Engineering Department must be obtained. 9. Prior to obtaining any grading permits, an agreement specifying that the Eastlake pump station has the capacity to handle the sewage generated by this project (estimated at 7 EDU's) must be finalized between Otay Water District, the golf course operator, the City and the Eastlake Company. If further development of the golf course site is proposed in the future, analysis of the pump station's capacity to accommodate additional sewage will be required, and the agreement shall be amended to reflect the results of such analysis. 10. Grading plans, addressing detailed soils and drainage analysis, shall be prepared by a registered civil engineer. 11. Project shall comply with all the provisions of the National PoIlutant Elimination System (NPDES) and the Clean Water Program. 12. Developer shall diligently implement, or cause the implementation of, all suggested mitigation measures pertaining to the Project that are identified in the Mitigated Negative Declaration and all Appendices for the Otay Water District Golf Course, as well as the four additional mitigation measures required by the Resource Conservation Commission, identified in the final minutes of the March 29, 1999, Resource Conservation Commission meeting. 13. One and seven month(s) after a zoning permit is issued by the City, the City will inspect the project for compliance of the project as submitted and approved by the City Council except as modified herein and/or as required by the Municipal Code, and as detailed in the Project description. 14. Any change to the operational profile or expansion of the use shall require approval by the City Council and may result in additional conditions of approval and/or mitigation measures. 15. Construct the Project as submitted and approved by the City Council, except as modified herein and/or as required by the Municipal Code, and as detailed in the Project description. 16. Comply with all federal, state and local laws, regulations, permits, City ordinances, standards, and policies except as otherwise provided in this Resolution. 17. Prior to obtaining any grading permits, all processing fees for the prezoning, annexing and conditional use permits shall be paid in full to the City of Chula Vista. · VII. ADDITIONAL TERMS AND PROVISIONS TO GRANT 1. This Conditional Use Permit shall become void and ineffective if not utilized or extended within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. 2. A copy of this resolution shall be recorded against the property. Resolution 19426 Page 5 3. Any violations of the terms and conditions of this permit shall be ground for revocation or modification of permit. VIII. EXECUTION AND RECORDATION OF APPROVAL Applicant shall execute and have notarized the attached Agreement (Exhibit B), indicating the Applicant has read, understands and agrees to the condition of approval contained herein, and will implement same. IX. NOTICE OF DETERMINATION The City Council directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the City Clerk. X. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event the applicant or its assigns or successors in interest challenge any one or more terms, provisions or conditions, and are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. THIS RESOLUTION OF APPROVAL IS HEREBY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA THIS 13TH DAY OF APRIL, 1999. Presented by Approved as to form by Robert Leiter John M. Kaheny Planning and Building Director City Attorney Resolution 19426 Page 6 EXHIBIT A PROJECT ~ ' '.l~I - LOC~TiON--..~.- ~ ! I~: ~ i ~ ' ' · · ~' LEGEND : ~..'!i.~'%..," i'i'~ ~~-",',,,.-~~~ · ' FCHULA VISTA PLAnNInG AND BUILDING DEPARTMENT' ~ ~ ~ PR~ONE AND ~ CONDITIONAL US~ PERMIT Resolution 19426 Page 7 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 13'h day of April, 1999, by the following vote: AYES: Councilmembers: Davis, Moot, Padilia, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ATTEST:. Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 19426 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 13th day of April, 1999. Executed this 13th day of April, 1999. Susan Bigelow, City Cle