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HomeMy WebLinkAboutReso 1993-16981 RESOLUTION NO. 16981 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CITY ADOPTING MITIGATED NEGATIVE DECLARATION IS- 91-050(B) AND ADDENDUM THERETO, ADOPTING A MITIGATION MONITORING PROGRAM, AND GRANTING A CONDITIONAL USE PERMIT TO ALLOW A DRIVING RANGE, BATTING CAGES, PITCHING CAGES, ACCESSORY SALES OF SPORTING EQUIPMENT, INSTRUCTION AND FOOD SALES IN THE IL ZONING DISTRICT AT THE SOUTHEAST QUADRANT OF NATIONAL CITY BOULEVARD (BROADWAY) AND SR-54 WHEREAS, a duly veri fled application for a conditional use permit was filed with the City of Chula Vista Planning Department on November 13, 1992 by National Avenue Associates ("Applicant"); and, WHEREAS, said application requests approval of a conditional use permit (PCC-g3-15) to allow construction of a golf driving range, baseball batting and pitching cages, accessory uses such as golf and pitching instruction, food and beverage sales and golf equipment sales {"Project"} to be located on Fifth Avenue north of "C" Street at the southeast quadrant of National City Boulevard {Broadway) and SR-54 {"Project Site"}, diagrammatically presented on Exhibit "A" to the Addendum to Mitigated Negative Declaration IS-91-050{B}; and, WHEREAS, said application contemplates a land use which is consistent with the City's Local Coastal Program and is subject to approval of a Coastal Development Permit; and, WHEREAS, the City Clerk set the time and place for a hearing on said conditional use permit 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, WHEREAS, the hearing was held at the time and place as advertised, namely Tuesday, March 23, 1993 at 6:00 p.m., in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed; and, WHEREAS, on Wednesday, January27, 1993, the Planning Commission found that the project would have no significant environmental impacts and adopted the Mitigated Negative Declaration, Addendum thereto and Mitigation Monitoring Program issued on IS-91-050(B), and recommended that the City Council grant conditional use permit PCC-93-15, subject to the conditions contained herein below. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL finds, determines, and resolves as follows: 1. That the project will have no significant environmental impacts and adopt the Mitigated Negative Declaration, Addendum thereto and Mitigation Monitoring Program issued on IS-91-050(B}. Resolution No. 16981 Page 2 The City Council hereby finds that the project will have no significant environmental impacts in that mitigation measures are proposed as part of the Negative Declaration, Addendum thereto and Mitigation Monitoring Program for IS-91-050(B) which mitigate any impacts to a level less than significant, and hereby adopts the findings of the Mitigated Negative Declaration, Addendum thereto and Mitigation Monitoring Program issued on IS-91-050(B). 2. 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 use is desirable at the location in that recreational services are provided which afford the opportunity for area residents to make constructive use of their free time. 3. 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 approval of the proposed 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 in that adequate parking will be provided, the site is located away from and does not front on any Circulation Element street and the project is conditioned to comply with and can meet all requirements of the Chula Vista Building Department and Fire Department. 4. That the proposed use will comply with the regulations and conditions specified in this Code for such use. PCC-g3-15 will be required to comply with all applicable regulations and conditions prior to the issuance of development permits. 5. That the granting of this conditional use permit will not adversely affect the General Plan or the Local Coastal Program of the City or the adopted plan of any government agency. The approval of PCC-g3-15 will not adversely affect the General Plan or the Local Coastal Program of the City of Chula Vista in that such uses are unclassified and therefore allowed in any zoning district upon approval of a conditional use permit, and the City's Local Coastal Program to the Bayfront Specific Plan authorizes the proposed use in the Inland Parcel with a conditional use permit. BE IT FURTHER RESOLVED THAT THE CITY COUNCIL grants the conditional use permit, subject to the foll owing conditions: GENERAL PROVISIONS 1. Improve the Project Site with the Project, as defined in the site plan Resolution No. 16981 Page 3 approved by the Design Review Committee (including all modifications required by the Design Review Committee). 2. Implement and comply with all mitigation measures of the Mitigated Negative Declaration, Addendum thereto and Mitigation Monitoring Program issued for IS-gl-OSO{B). 3. Submit letters showing proof of payment of statutory school fees from the Chula Vista Elementary School District and the Sweetwater Union High School District to the Director of Building and Housing prior to the issuance of any building permit. 4. Prior to obtaining a grading permit, obtain and submit an updated soils/geotechnical report, consistent with the requirements of the City Grading Ordinance, and implement the results thereof to the satisfaction of the City Engineer. 5. Submit a water availability letter from the Sweetwater Authority. 6. Comply with and implement all applicable Federal, State, and local laws, regulations and policies. 7. Comply with and implement all requirements of the City Landscape Architect. OPEN SPACE EASEMENT 8. Prior to issuance of building permits, grant the City an open space easement over that portion of the Project Site 100 feet west of the 5 foot chain link fence as shown on the Site Plan, in a form satisfactory to the City Attorney. This easement may reserve to Applicant and Applicant's successors in interest the right to request authority to construct a bridge across said area providing access to the remainder of the Project Site and to potentially utilize the area for biological mitigation projects, subject to any and all then applicable permitting and environmental requirements. g. Install and maintain silt fences, or construct drainage swale(s) and/or detention basin{s) in location(s) determined by and to the satisfaction of the City Engineer. SAFETY 10. The applicant shall install and maintain in good repair, functional golf ball retention screens/fences made of a transparent, sturdy material at the following locations: A. Approximately sixty {60) feet in height along the northern Project boundary; B. Approximately twenty-five {25) feet in height along the southern Project boundary; and ......... 'T" n Resolution No. 16981 Page 4 C. Interior fences approximately twenty (20) feet in height installed perpendicular to the tees at selected locations including but not limited to such a fence located at the north end of the tee structure. Actual screen/fence heights will be determined following review by the Director of Planning of a ball flight safety study, which shall be submitted by the applicant prior to issuance of development permits. Said study shall include, at a minimum, a ball flight analysis of the proposed facility, an evaluation of the results of this analysis relative to the risk of errant balls leaving the site, and specific recommendations relative to fence heights, interior fences, and other design modifications or operational controls necessary to reduce the risk of errant balls to an acceptable level. The City may retain, at the applicant's expense, an independent expert to assist in the review of the study and mitigation options. Anti-perching devices shall also be placed and maintained in functional working order at the top of the northern screen/fence and supports. 11. Keep a log of incidents of errant golf balls escaping the driving range portion of the Project Site in any direction. This log shall be open to review by the Director of Planning at any time during normal business hours, and submitted to the Director of Planning once every six months for review for one year beginning with the first day of use of the driving range. 12. Prior to occupancy, the applicant shall submit "User Regulations" to the City, and shall obtain the approval of the Director of Planning of said regulations. User regulations shall define the conduct whereby users may use the driving range in such a manner as to minimize the possibility of errant golf balls escaping the Project Site, particularly onto SR-54. Applicant shall also notify users of and enforce User Regulations regarding use of the golf driving range facility. 13. In the event errant balls continue to escape the Project Site, even given the above conditions, the Director of Planning may require additional mitigation to ensure the public health, safety and welfare. For example, such mitigation may include: A. Installing trees at the north side and adjacent to the tee line to further induce players to hit away from the northern most fence line. B. Adding overhead screening to control badly topped shots. C. Eliminating play on the top tier tees that cannot be sufficiently controlled. D. Using restricted-flight or lower density range balls {range ball designs are available to reduce flight distance and height by up to Resolution No. 16981 Page 5 504). E. Increasing screening fence height. Any of these actions may require additional environmental review, in which case the applicant shall submit a deposit to cover costs. In addition, the Director of Planning may also set a public hearing before the Planning Commission to consider additional conditions or revocation of the conditional use permit. LIGHTING STUDY 14. Prior to the issuance of any development permit, submit a lighting study, including a lighting plan, to the Director of Planning for review and approval. Said study shall show that all lighting is directed away from traffic and nearby land uses, or otherwise shielded so as to not allow glare from the Project Site to spill over the property line. Lighting shall illuminate the site but not beyond that considered appropriate and suitable for the use. The Planning Director may require third party lighting studies to be made in order to evaluate the initial lighting plan for the site, or subsequent negative impacts associated therewith. These studies would be made at the sole direction and discretion of the City and at the applicant's expense. HOLD HARMLESS 15. Operation of the premises pursuant to this conditional use permit shall constitute agreement by Developer to defend, indemnify, and hold harmless the City, Redevelopment Agency, and their officers, employees, and agents from any claims, losses, or damages suffered or alleged to be suffered as a result of such operation. Applicant further agrees by acceptance of this conditional use permit to the payment of any and all cost involved in the monitoring and/or enforcement of this use permit. GENERAL COMMERCIAL LIABILITY INSURANCE 16. Obtain and maintain in force General Commercial Liability Insurance to the satisfaction of the Risk Manager of the City of Chula Vista in the amount of $5,000,000.00 (five million dollars). The City reserves the right to review limits to insurance on a periodic basis as deemed necessary by the City. Prior to occupancy, evidence of such coverage in the form of a Certificate of Insurance and a policy endorsement which names the City as Additional Insured shall be submitted to the Risk Manager for approval. POST APPROVAL MODIFICATIONS 17. This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the 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 Resolution No. 16981 Page 6 impose a substantial expense or deprive Permittee of a substantial revenue source which the Permittee can not, in the normal operation of the use permitted, be expected to economically recover. TIME LIMIT/REVOCATION 18. This conditional use permit shall become void and ineffective i f not utilized within one year from the effective date thereof, in accordance with Section lg.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. 19. In order to ensure that this use is an "interim" use for the property, Applicant agrees that this conditional use permit shall become void and ineffective upon the ten {10} year anniversary date of the approval of this conditional use permit with the option of the applicant to request, and the City the option to grant, the renewal of the conditional use permit at five (5) year intervals thereafter. Applicant also agrees that the City of Chula Vista Community Development Department can request a review with the Applicant of the appropriateness of the continued operation as a golf driving range and batting/pitching facility after the five {5} year anniversary date of the approval of this conditional use permit, and at any time thereafter. The review will include presentation to the Applicant of a plan for development of other uses more beneficial to the City which the Applicant agrees to consider and analyze as to its feasibility. Applicant agrees to cooperate with the City in attempting to achieve a mutually beneficial agreement for an alternative development for the site. 20. This conditional use permit is subject to the approval and conditions of a Chula Vista Redevelopment Agency Owner Participation Agreement. BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the Applicant and recorded in the Office of the County Recorder. Presented by Approv as t~rm~ Robert~ei t~ ~ gaard ~ Director of Planning City Attorney .......... ' * "* ....... III Resolution No. 16981 Page 7 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 23rd day of March, 1993, by the following vote: YES: Councilmembers: Fox, Horton, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader', Mayor ATTEST: B~. AUthelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 16981 was duly passed, approved, and adopted by the City Council held on the 23rd day of March, 1993. Executed this 23rd day of March, 1993. Beverly ~. Au~helet, City Clerk