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HomeMy WebLinkAboutEIR 90-12 RESOLUTION N0. PCZ-92-04, PCC-92-04, AND EIR-90-12 RESOLUTION OF THE CITY PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPT AN ORDINANCE ZONING CERTAIN DESIGNATED PROPERTY ON THE WESTERLY SNORE OF ~ LOWER OTAY LAKE AS AGRICULTURAL-100 AND FINDING THAT SUCH ZONING ACTIVITY IS EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PERMIT THE USE OF CERTAIN DESIGNATED PROPERTY AS OLYMPIC TRAINING CENTER BOATHOUSE ON CERTAIN DESIGNATED CONDITIONS, CERTIFYING THE I FINAL ENVIRONMENTAL IMPACT N0. 90-i2, AND ~ MAKING CERTAIN CEQA FINDINGS, APPROVING AND ~ ADOPTING THE MITIGATION MONITORING PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE OLYMPIC TRAINING CENTER BOAT HOUSE. WHEREAS, property consisting of approximately 100 acres located in the City of Chula Vista generally located between Wueste Road and the 480 foot contour level of the Lower Otay Lake Reservoir bounded on the south by the territorial boundary of the City of Chula Vista and on the north by a hypothetical extension of Otay Lakes Road, diagramatically presented on the small area map attached hereto as Exhibit A, ("Property") is currently not zoned by the City; and, WHEREAS, the Property is currently owned by the City of San Diego; and, WHEREAS, a duly verified application for a zoning action was filed with the Planning Department of the City of Chula Vista on May 21, 1992, by the i City of Chula Vista; and, WHEREAS, said application requested the zoning of approximately 100 acres constituting most of the westerly shore of Lower Otay Lake to A-100 (Agricultural Zone, 100-acre minimum parcel size), and ' WHEREAS, the Planning Commission set the time and place for a hearing on said zoning application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 1,000 feet of the exterior boundaries of the property at least ten days prior to the hearing, and I WHEREAS, the hearing by the Planning Commission was held at the time and place as advertised, namely 7:00 p.m., July 8, 1992, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed, and WHEREAS, from the facts presented to the Planning Commission, the Commission has determined that the zoning is consistent with the City of Chula Vista General Plan and that public necessity, convenience, general welfare and good zoning .practice support the zoning to A-100; and, WHEREAS, the City of San Diego owns the following acreage: approximately 100 acres located in the City of Chula Vista generally located between Wueste Road and the 480 foot contour level of the Lower Otay Lake Reservoir bounded ~ on the south by the territorial boundary of the City of Chula Vista and on the north by a hypothetical extension of Otay Lakes Road, diagrammatically presented on the small area map attached hereto as Exhibit A, ("Property"); and, WHEREAS, the San Diego National Sports Training Foundation ("Applicant") has leased a 3.77 acres of land located on the Property from the City of San Diego for the purposes of building and operating a Olympic Training Center Boathouse; and, WHEREAS, our Municipal Code considers, at Section 19.54.010 (m), such use, to wit: a public or quasi public use, in an A-100 Zone to be an unclassified use, and at Section 19.20.040, unclassified uses are permitted if the City issues a conditional use permit specifying conditions on which such use may be permitted; and, WHEREAS, a duly verified application ("Application") for a conditional use permit was filed with the Planning Department of the City of Chula Vista on July 23, 1991, by San Diego National Sports Training Foundation, and, WHEREAS, the project ("Olympic Training Center Boathouse Project" or alternatively, "Project") which is the subject matter of the environmental review herein referenced is the construction and use of an Olympic Training Center Boathouse consisting of three buildings (not including deck) consisting of a total of 13,496 square foot on a total of 3.1 land acres and 0.07 water surface acres (for the dock and ramp), all as more fully described in the City of Chula Vista Final Environmental Impact Report No. 90-12, which description is incorporated herein by reference; and, WHEREAS, a draft Environmental Impact Report dated November 1992, evaluating the proposed Olympic Training Center Boathouse Project was prepared and was transmitted by the City of Chula Vista, as lead agency, to all concerned parties for review and comment; and, WHEREAS, notice of the availability of the Draft Supplemental Environmental Impact Report was given as required by law; and, WHEREAS, written comments from the public on the Draft Supplemental Environmental Impact Report were accepted during a 45-day review period; and, WHEREAS, based on a project change suggested by the Applicant during the public comment period that a dock be included in the Project which had not been environmentally addressed, a Recirculated Draft Environmental Impact Report, dated April 19, 1992 was prepared; and WHEREAS, the Recirculated Draft Environmental Impact Report, dated April 1992, evaluating the proposed Olympic Training Center Boathouse, was prepared and was transmitted by the City of Chula Vista to all concerned parties for review and comment; and, -2- WHEREAS, Notice of the Availability of the Recirculated Draft Environmental Impact Report was given as required by law; and, I WHEREAS, written comments from the public on the Recirculated Draft Environmental Impact Report were accepted April 25, 1992 to June 17, 1992; and, WHEREAS, the City Planning Commission held a public hearing and accepted public testimony on the Recirculated Draft Environmental Impact Report on June 17, 1992; and, WHEREAS, no State Clearinghouse had no comments, and public comments have been addressed in the Final Environmental Impact Report for the Olympic Training Center Boathouse; and, WHEREAS, notice of the availability of the Final Environmental Impact Report was given to commentators on the Recirculated Draft Environmental Impact Report on July 13, 1992; and, WHEREAS, no written responses to comments on the Final Environmental Impact Report were received by the lead agency; and, WHEREAS, the Final Environmental Impact Report was prepared in accordance with the provisions of the California Environmental Quality Act and its applicable Guidelines; and, WHEREAS, the Planning Commission set the time and place for a hearing on said Application for a conditional use permit and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 1,000 feet of the exterior boundaries of the property at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m., July 8, 1992, in the Council Chambers, .276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, WHEREAS, on July 1, 1992, the Commission certified that the Final Environmental Impact Report on the project, EIR-90-12, ("FEIR") complied with !I CEQA and its guidelines; NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Chula Vista does hereby find, determine, resolve and order as follows: I. The Final Supplemental Environmental Impact Report. The Final Supplemental Environmental Impact Report for the Olympic Training Center Boathouse consists of: A. Final Supplemental Environmental Impact Report (EIR 90-12) SCH #90010709, dated July 1992, which contains (1) the Recirculated Draft EIR; (2) Responses to Comments on the Recirculated Draft, copies of comment letters on the Recirculated Draft, and responses; and (3) two addenda; and, -3- B. Appendices (A through I) to Environmental Impact Reports for the Olympic Training Center Boathouse dated April 1992. II. FEIR Reviewed and Considered. The Final Environmental Impact Report has been reviewed and considered by ~I the City Planning Commission of the City of Chula Vista; and III. Certification. The Final Environmental Impact Report is hereby certified by the City Planning Commission to have been completed in compliance with the California Environmental Quality Act and all applicable guidelines IV. Grant of Conditional Use Permit. The City Planning Commission hereby recommends that the City Council adopt a resolution granting a conditional use permit for the use of the 3J ' acre site as an Olympic Training Center Boathouse subject to the following conditions: A. The Project is built and maintained in the manner described in the FEIR. B. All of the mitigation measures specified within the Mitigation Monitoring Program for EIR-90-12 are hereby incorporated as conditions of approval unless otherwise modified by other conditions of approval listed herein. Those measures include, but are not limited to, compliance with all of the project and operational parameters outlined in the Facilities Management Plan, Boathouse Parking Plan and other application plans and materials, as modified by the mitigation measures specified in the Mitigation Monitoring Program for EIR-90-12. Prior to the issuance of a building permit, applicant shall generate and file with both cities, an updated version of the facilities Management Plan which incorporates the Mitigation Monitoring Program ~ changes, adds the Boathouse Parking Plan (as modified by the ' Mitigation Monitoring Program) and the following two conditions regarding "special events." j C. Monitoring of mitigation measures is conducted in the manner described in the Mitigation Monitoring Program. D. This conditional use permit shall not become effective until the zoning of the property becomes effective (ref.: PCZ-92-C). E. The project design shall comply with the plan approved or conditionally approved by the Design Review Committee (ref.: -4- F. For proposed special events expected to attract more than !00 spectators, applicant shall first obtain a separate conditional use permit, or a "special events permit" if and when Chula Vista adopts an ordinance providing therefore, and additional environmental review by the City of Chula Vista. I G. For minor special events (those expected to attract less than 100 spectators but more spectators than on-site parking .will accommodate) personnel shall be posted at the entrance to Boathouse Road to provide maps and assistance in directing overflow spectators to parking/shuttle locations on the main OTC campus. H. This permit shall be subject to any and all new, modified, or deleted conditions imposed after adoption of this resolution to advance a legitimate governmental interest related to health, safety or welfare which City shall impose after advance written notice to the permittee and after the City has given to the permittee the right to be heard with regard. thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. I. This conditional use permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any condition of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. failing any of which conditions, or failing the continued maintenance of same as the condition may require, this permit, shall, following a public hearing by the City Council at which the Applicant or his successor in interest is given notice and the opportunity to appear and be heard with regard thereto, be terminated or modified by the City Council. ~ l V. Non-CEOA Findings 1. That the proposed use at the location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The OTC Boathouse is an essential component of the Olympic Training Center, and will provide a training facility for international class athletes in canoeing, kayaking and rowing. 2. That such use will not under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. -5- The Facilities Management Plan, Parking Plan, Mitigation Measures outline in EIR-90-12, and conditions of approval will ensure that the Boathouse will not have an adverse impact on persons or property in the area. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. Compliance with all applicable codes, conditions and regulations shall be required prior to the issuance of development permits and on a continuing basis thereafter. 4. That the granting of this conditionally use permit will not adversely affect the general plan of the City or the adopted plan of any government agency. The proposal is consistent with the General Plan upon the approval of this conditional use permit. VI. CEQA Findings ~ A. Adoption of Findings. The Council does hereby approve and incorporate as if set forth full herein, and make each and every one of the CEQA Findings attached hereto. B. Certain Mitigation Measures Feasible and Adopted. As more fully identified and set forth in the previous environmental documents for this project area and this supplemental environmental document (EIR-90-12) and the CEQA Findings for this project which is hereby attached hereto, Council hereby finds that pursuant to Public ' Resources Code Section 21081 and CEQA Guidelines Section 15091, that the mitigation measures described in the above referenced document are feasible and will become binding upon the appropriate entity such as the Applicant, the City, or other special districts which has to implement these specific mitigation measures. C. Feasibility of Alternatives. i As is also noted in the environmental documents referenced in the i immediately preceding paragraph, alternatives to the Project which were identified as potentially feasible are hereby found not to be feasible. D. Adoption of Mitigation Monitoring Program. As required by the Public Resources Code Section 21081.6, it is recommended that City Council adopt the Mitigation Monitoring and Reporting Program set forth in FEIR to this resolution and incorporated herein by reference as set forth in full. The City Planning Commission recommends that the Council find that the Program is designed to ensure -6- that during the project implementation and operation, the Applicants and other responsible parties implement the project components and comply with the feasible mitigation measures identified in the Findings and in the Program. i E. Statement of Overriding Considerations. Even after the adoption of all feasible mitigation measures, certain significant or potentially significant environmental affects caused by the project or cumulatively will remain. Therefore, the City Planning Commission recommends that the City Council of the City of Chula Vista issue pursuant to CEQA Guidelines Section 15093, as set forth, attached hereto, a Statement of Overriding Considerations identifying the specific economic, social, and other considerations that render the unavoidable significant adverse environmental effects still significant but acceptable. F. Notice of Determination. The City Planning Commission recommends that the City Council direct the City Clerk to post a Notice of Determination and files the same with the County Clerk. WHEREAS, the Environmental Review Coordinator has determined that the proposal is exempt from environmental review under Sections 15305 (Class 5) i and 15303 (Class 3) of the CEQA Guidelines (the exemptions are for a minor alteration in land use and permitting of limited numbers of small structures respectively]. NOW, THEREFORE, BE IT RESOLVED THAT from the facts presented to the Planning Commission, the Commission has determined that the zoning is consistent with the City of Chula Vista General Plan and that public necessity, convenience, general welfare and good zoning practice support the j zoning to A-100. I BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the the City Council adopt an ordinance to zone the property to A-100 as shown on i Exhibit A attached hereto and made a part hereof. And that a copy of this resolution be transmitted to the owners of the property and the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 7th day of July, 1992 by the following vote, to-wit: AYES: Commissioners Carson, Fuller, Casillas, Decker, Martin and Tuchscher NOES: None ABSENT: None Sus n Fuller, Chairperson ATT~E'ST: Nabcy Ri ley, S!cret , y WPC 0420p -7- ~ Y ~ asses-s+'.~ l ~ ` t V~,,~_ BENS I i r Cpv,i ~~~Firil I ~ ~ i l~ GT~Y RgSE k I £a o~ ! L fJl. P T~INI (o ' ~G 'TER ~ f yITE r ) ~c1STIN(o CITY ~N DI>=.fo0:, I AT LAUN n •i.. ~ ~ ~e . ` ~ - - ~ ~ EXHIBIT A l oo ~ AoRES GN WE51'~RI.Y JA T ~ R ~ a GF LOWER QrAY I.r~.k-F. ~,~~~i OF GURRGNNrs 1(cw~ PGZ- °1~ - G uNZdN~ ~d ro h-~c~ Nt1RTN