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HomeMy WebLinkAboutReso 1993-17326RESOLUTION NO. 17326 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECERTIFYING THE SUPPLEMENTAL EIR FOR THE OLYMPIC TRAINING CENTER SECTIONAL PLANNING AREA PLAN, (SEIR 89- 11), CONSIDERING AN ADDENDUM THERETO, AMENDING THE OLYMPIC TRAINING CENTER SECTIONAL PLANNING AREA PLAN AND PUBLIC FACILITIES FINANCING PLAN AND RE-ADOPTING THE CEQA FINDINGS, MITIGATION MONITORING REPORTING PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS ON SEIR-89-11 RECITALS. A. Project Site. WHEREAS, the property which is the subject matter of this resolution is diagrammatically represented on Attachment A-1 attached hereto and incorporated by this reference, identified as the Olympic Training Center site, and located adjacent to the Lower Otay Lake within the Community of Eastlake of the City of Chula Vista ("Project Site"); and, 8. Project; Application for Discretionary Approval. WHEREAS, on August 10, 1993, the San Diego National Sports Training Foundation ("Developer") filed an application requesting consideration of amendments to the SPA Plan (known as Document No. C093-244 on file with the Office of the City Clerk) and PFFP (known as Document No. C093-245 on file with the Office of the City Clerk) text and conditions of project approval ("Application for Discretionary Approval"), to allow the developer to proceed with the construction of priority buildings and sports venues prior to construction of permanent off-site road and utility service infrastructure to serve the Project Site ("Project"); and, C. Prior Discretionary Approvals. WHEREAS, the development of the Project Site has been the subject matter of a General Development Plan (EastLake III General Development Plan) previously approved by the City Council on December 5, 1989 by Resolution No. 15413 ("GDP Resolution"); wherein the City Council, in the environmental evaluation of said GDP relied in part on the EastLake III/Olympic Training Center Final Supplemental Environmental Impact Report No. 89-9, SCH No. 89080929 ("SEIR 89-9"); and, WHEREAS, the development of the Project Site has been the subject matter of a Sectional Planning Area (SPA) Plan and a Public Facilities Finance Plan (PFFP), previously approved by the City Council on May 1, 1990 by Resolution No. 15599 ("Olympic Training Resolution No. 17326 Page 2 Center SPA Plan and PFFP Resolution"} wherein the City Council, in the environmental evaluation of said SPA Plan and PFFP relied in part on the U.S. Olympic Training Center Final Supplemental Environmental Impact Report No. 89-11, SCH 89010284 ("SEIR 89-11"}; and, D. Planning Commission Record on Application. WHEREAS, the Planning Commission held an advertised public hearing on said project on November 17, 1993, voted to recommend that the City Council approve the SPA Plan and PFFP amendments in accordance with the findings and subject to the conditions listed below and recommended that the City Council re-approve each and every one of the CEQA Findings as found in SEIR-Bg-11. E. City Council Record on Application. WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on December 7, 1993, on the Discretionary Approval Application, and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same; and, 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 introduced before the Planning Commission at their public hearing on this Project held on November 17, lg93, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. T) III. SEIR AND ADDENDUM REVIEWED AND CONSIDERED. The City Council of the City of Chula Vista has reviewed, analyzed and considered SEIR 89-11 (known as Document No. C093-246 on file in the Office of the City Clerk), the environmental impacts therein identified for this project; the Candidate Finding of Fact ("Findings" or "CEQA Findings") and the Statements of Overriding Consideration (known as Document No. C093-247 on file in the Office of the City Clerk), the Mitigation Monitoring and Reporting Program ("Program") (known as Document No. C093-248 on file in the Office of the City Clerk) and Second Addendum (known as Document No. C093-249 on file in the Office of the City Clerk) thereon prior to approving the Project. IV. CERTIFICATION OF COMPLIANCE WITH CEQA. The City Council does hereby find that SEIR-89-11, the Candidate Findings T Resolution No. 17326 Page 3 of Fact, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations and Second Addendum have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Chula Vista. INDEPENDENT JUDGEMENT OF CITY COUNCIL. The City Council finds that SEIR-8g-11 and Second Addendum reflect the independent judgment of the City of Chula Vista City Council. VI. SPA AND PFFP FINDINGS. THE OTC SECTIONAL PLANNING AREA PLAN AS AMENDED IS IN CONFORMITY WITH THE EASTLAKE III GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLAN. The amended Olympic Training Center Sectional Planning Area Plan reflects land use, circulation system, and public facilities that are consistent with the Eastlake III General Development Plan and the Chula Vista General Plan. The Olympic Training Center proposes athletic training facilities that are consistent with the public and quasi-public designations depicted on the General Development Plan and General Plan. THE OTC SECTIONAL PLANNING AREA PLAN, AS AMENDED WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The SPA Plan and Publi-c Facilities Plan, as amended, sets forth and further clarifies the phasing of the project and the timing of public facilities construction to ensure the orderly, sequentialized development of the project. The Public Facilities Financing Plan identifies the public facilities, public services needed to serve the project. The amendments reflect necessary changes to the timing of construction. THE OTC SECTIONAL PLANNING AREA PLAN AS AMENDED WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION, OR ENVIRONMENTAL QUALITY. The land uses within the Olympic Training Center represent the same uses approved by the Eastlake III General Development Plan. The majority of the 150± acre site (824) will consist of open practice facilities for soccer, field hockey, archery, tennis, cycling, athletics, and swimming. The project has been planned to provide the necessary support for U.S. athletes seeking to compete in international competition. The site plan is compatible with adjacent land uses and will avoid off-site impacts through the Resolution No. 17326 Page 4 provision of mitigation measures specified in the OTC Supplemental Environmental Impact Report. THE OTC PUBLIC FACILITIES PLAN AS AMENDED IS IN COMPLIANCE WITH CVMC CHAPTER 19.09 PROCEDURES AND REQUIREMENTS PERTAINING TO PUBLIC FACILITY FINANCE PLANS. The PFFP amendment has been prepared and has been reviewed in accordance with CVMC Sections 19.09.070 and 19.09.080. VII. BE IT FURTHER RESOLVED that the City Council does hereby approve the Olympic Training Center Sectional Planning Area and Public Facilities Finance Plan amendments ("Discretionary Approvals Amendments") subject to the general and special conditions set forth below. VIII. GENERAL CONDITIONS OF APPROVAL. The approval of the foregoing Discretionary Approvals Amendments which are stated to be conditioned on "General Conditions" are hereby conditioned as follows: A. Project Site is Improved with Project. Developer, or their successors in interest, shall improve the Project Site with the Project as described in the SEIR, except as modified by this Resolution. B. Implement Mitigation Measures. Developer shall diligently implement, or cause the implementation of, all mitigation measures pertaining to the Project identified in the SEIR that are found by this resolution to be feasible. C. Implement the Mitigation Monitoring and Reporting Program. Developer shall implement, or cause the implementation of, all portions of the Olympic Training Center Mitigation Monitoring and Reporting Program pertaining to the Project. IX. SPECIAL CONDITIONS OF APPROVAL. Conditions 2, 3 and 20 of Resolution No. 15599 approving the Olympic Training Center Sectional Planning Area {SPA) Plan and Public Facilities financing plan shall be amended to read as follows: A. Condition #2. Upon generation of 950 or more ADT from Phase I Precise Plan facility operations, the applicant shall construct Hunte Parkway to Resolution No. 17326 Page 5 a four-lane Major Street Standard from Telegraph Canyon Road to Orange Avenue. Said construction shall include improvements of 20 feet of pavement on each side of a fully improved landscaped median including street lights. Improvement of the intersection of Hunte Parkway and Orange Avenue shall include transitions as directed by the City Engineer. Condition #3. Upon generation of 950 or more ADT from Phase I Precise Plan facility operations, the applicant shall construct Orange Avenue to a four-lane Major roadway as follows: From Hunte Parkway to the westerly boundary of the project: 20 feet of pavement on each side of a fully improved landscaped median including street lights. Improvements at the intersection of Hunte Parkway and Orange Avenue shall include transitions as directed by the City Engineer. From the westerly boundary to the easterly boundary of the project: Full improvements to include, but not be limited to, A.C. pavement and base, curb, gutter and sidewalk, street lights and drainage facilities. Condition #20. Police shall be provided by properly trained, on-site private or volunteer personnel, subject to entering into an agreement with the City prior to issuance of use and occupancy certificates. In addition, the applicant shall provide fire suppression equipment and facilities, together with sprinklering and other mitigation measures to the satisfaction of the City's Fire Prevention Bureau. Transition to City fire protection and emergency medical services shall occur on a schedule established by the City. Said schedule shall be based on the construction of planned fire stations in the Salt Creek Project and in the Otay Ranch project area west of Lower Otay Reservoir, as outlined in the City's Fire Station Master Plan. The applicant shall perform traffic studies to verify trip generation rates from Core Facilities prior to construction of any subsequent Phase I building or sports venue facility. The applicant may construct additional Phase I facilities at the discretion of the Planning Director, only if existing and projected traffic generated by subsequent project construction equals or is less than 950 ADT. The developer shall install a street light at the intersection of Otay Lakes Road and Wueste Road. The developer shall overlay Wueste Road from Otay Lakes Road to the OTC Boathouse entrance, as required by the City Engineer. The Resolution No. 17326 Page 6 developer shall be reimbursed for fifty percent (504} of the Wueste Road overlay cost by the City of Chula Vista. The developer shall provide proof of an "incidental take permit" under Section 7 or Section IOA of the Endangered Species Act or any other form of approval by the U.S. Fish and Wildlife Service relative to California Gnatcatcher or Coastal Sage Scrub to the Environmental Review Section of the Planning Department prior to the consideration of any final subdivision or parcel map, issuance of a grading permit, or issuance of a building permit for any portion of the project site. If such a permit is not required, written verification to that effect from the U.S. Fish and Wildlife Service shall be provided to the Environmental Section of the Planning Department. Any project redesign which would require the issuance of a Section 7 or iOA permit may require reconsideration by the appropriate City decision making body. The developer shall provide the City of Chula Vista with a detailed revegetation plan, approved by the U.S. Fish and Wildlife Service, prior to construction of the left-turn pockets along Wueste Road, adjacent to the OTC athletes' entrance and boathouse access road. CONSEQUENCE OF FAILURE OF CONDITIONS. If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of all future building permits, deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Resolution. XI. CEQA FINDINGS, MITIGATION MONITORING PROGRAM, AND STATEMENT OF OVERRIDING CONSIDERATIONS. A. Readoption of Findings. The City Council does hereby reapprove, accept as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the "Candidate Findings of Fact". B. Certain Mitigation Measures Feasible and Adopted. As more fully identified and set forth in SEIR-89-11 and in the Candidate Findings of Fact, the Council hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section Resolution No. 17326 Page 7 15091 that the mitigation measures described as feasible in the above referenced documents, are feasible, and will become binding upon the entity {such as the project proponent, the City, or the school district} assigned thereby to implement same. Infeasibility of Alternatives. As is also noted in the above referenced environmental documents described in the above subparagraph B, each of the alternatives to the project which were identified as potentially feasible in SEIR-89-11 are found not to be feasible since they could not meet both the objectives of the Project and avoid the identified significant environmental effects through implementation of feasible mitigation measures for the reasons set forth in said Candidate Findings of Fact. Readoption of Mitigation Monitoring and Reporting Program. As required by the Public Resources Code Section 21081.6, the City Council hereby readopts the Mitigation Monitoring and Reporting Program ("Program"). The Council hereby finds that the Program is designed to ensure that during project implementation the permittee/project applicant and any other responsible parties implement the project components and comply with the feasible mitigation measures identified in the Candidate Findings of Fact and the Program. Statement of Overriding Considerations. Even after the adoption of all feasible mitigation measures and any feasible alternatives, certain significant or potentially significant environmental effects caused by the project, or cumulatively, will remain. Therefore, the City Council of the City of Chula Vista hereby reissues, pursuant to CEQA Guideline Section 15093, a Statement of Overriding Considerations, identifying the specific economic, social, and other considerations that render the unavoidable significant adverse environmental effects acceptable. XII. NOTICE OF DETERMINATION. The Environmental Review Coordinator of the City of Chula Vista is directed after City Council approval of this Project to ensure that a Notice of Determination is filed with the County Clerk of the County of San Diego. XIII. 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 that any one I I IF Resolution No. 17326 Page 8 or more te~ms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Robert A. Leiter Director of Planning App~ro as to for y //Bruce M. Boogaard City Attorney Resolution No. 17326 Page g PROJECT LOCATION ,, r ........... .~.. PROJECT DEICRIPTION: Olympic TraininI Center SPA plan and PFFP plan amendment. ...... AP;L;'EA~T: Ci~ Of Chu'la Vista ]~lan ing Department ADDFIES&': W'tTESTE ROAD &SCALE: FILE NUMBEFh Resolution No. 17326 Page 10 PASSED, APPROVED and ADOPTED by the City Vista, California, YES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Council of the City of Chula this 7th day of December, 1993, by the following vote: Fox, Hotton, Moore, Rindone, Nader None NoDe None Tim Nader, Mayor ATTEST: Beverly~. 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. 17326 was duly passed, approved, and adopted by the City Council at a meeting of the Chula Vista City Council held on the 7th day of December, 1993. Executed this 7th day of December, 1993. BeVerly A. ~Authe]et, City Clerk'