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HomeMy WebLinkAboutReso 1992-16730 RESOLUTION NO. 16730 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PERMITTING THE USE OF CERTAIN DESIGNATED PROPERTY AS OLYMPIC TRAINING CENTER BOATHOUSE ON CERTAIN DESIGNATED CONDITIONS, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT NO. 90-12, 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, 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 3.69 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-IO0 Zone to be an unclassified use, and at Section lg.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 3.69 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, Resolution No. 16730 Page 2 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, WHEREAS, Notice of the Availability of the Recirculated Draft Environmental Impact Report was given as required by law; and, 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, the State Clearinghouse informed the City that none of the resource agencies had 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, to- gether 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, Resolution No. 16730 Page 3 WHEREAS, on July 1, 1992, the Commission certified that the Final Environmental Impact Report on the project, EIR-90-12, ("FEIR") complied with CEQA and its guidelines; and, WHEREAS, the Planning Commission recommended the approval of said Application on July 8th, 1992 on certain terms and conditions as contained in their Planning Commission Resolution Nos. PCZ-92-C, PCC-92-C, and EIR-90-12; NOW, THEREFORE, BE IT RESOLVED that the City Council 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 28, 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, 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 the City Council of the City of Chula Vista; and, III. Certification The Final Environmental Impact Report is hereby certified by the City Council to have been completed in compliance with the California Environmental Quality Act and all applicable guidelines. IV. Grant of Conditional Use Permit. The City Council hereby grants a conditional use permit for the use of the 3.69 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 modi fled 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 Resolution No. 16730 Page 4 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." 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.: DRC~g2-58}. F. For proposed special events expected to attract more than 100 spectators, applicant shall first obtain a separate conditional use permit, or a "special events permit" i f and when Chula Vista adopts an ordinance providing therefore, and additional environmental review by the City of Chula Vista. 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 can not, in the normal operati on 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 requi re, this permit, shall, following a public hearing by the City Council at which the Applicant or his successor in interest is given notice Resolution No. 16730 Page 5 and the opportunity to appear and be heard with regard thereto, be terminated or modified by the City Council. V. Non-CEQA 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 co,mnunity. The OTC Boathouse is an essential component of the Olympic Training Center, and will provide a training facility for international class athletes, as well as the community, in canoeing, kayaking, and rowing. The approval of the project will result in the following economic, social, and other considerations which the city of Chula Vista considers beneficial, including, but not limited to: {A) the creation of construction job opportunities in an economy which is currently lacking job opportunities; and {B) the addition of a boathouse and launch facility which is a critical integral component of the Olympic Training Center which will allow for the year-round water sports training in an overall Olympic training support environment. The Boathouse would provide the storage, launching, dock and support facilities for canoeing, kayaking, and rowing sports associated with the Olympic training objectives. The City considers a complete Olympic training support facility for athletes as a method for contributing to the general well being of the community. Valued role models for the youth of the City will be provided as the athletes train for Olympic competition. The approval of the project will help fulfill the goals and objectives of the Chula Vista General Plan, the City of San Diego Progress Guide and General Plan, and the City of San Diego Lakes Master Plan, which all encourage recreational uses on the lake. 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. The conditions as set forth in the Conditional Use Permit, the Facilities Management Plan, the Parking Plan, and the Mitigation Measures as outlined in EIR 90-12 and Addendums thereto, will insure that the Boathouse and its related uses will not 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. A thorough Environmental Impact Report and Mitigation Monitoring Program has been prepared to assure that the impacts will be mitigated as much as possible. Resolution No. 16730 Page 6 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. Pursuant to the conditions of approval of the CUP, as well as all of the measures identified in Finding 2 above, compliance with all applicable codes, conditions, and regulations will be assured prior to the issuance of development permits. In addition, based upon Facilities Management Nan and the Mitigation Monitoring Program, compliance with all applicable codes, conditions, and regulations shall be assured on a continuing basis thereafter. 4. 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. The granting of this Conditional Use Permit is consistent with the goals and objectives of the Chula Vista General Plan, the EastLake III General Development Plan, and the Olympic Training Center Sectional Plan Area (SPA Plan). The Olympic Training Center is listed as a community activity center of the land use element. In addition, the Olympic Training Center and accompanying boathouse use is specifically identified as a planning area and sub-neighborhood contained within the Eastern Territory of Chula Vista. The City of Chula Vista General Plan indicates that the Olympic training activity center is intended to become the major training center in the nation for Olympic sports (e.g., water sports, track and field, etc.). Activities will include short and long-term training for elite and development level athletes, seminars, clinics, and conferences, as well as sports medicine and sports science research. Because the Boathouse and water sports training is such an integral part of the overall Olympic Training Center campus, the Conditional Use Permit for its use will not adversely affect the General Plan of the City or the adopted plan of any government agency. 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 Resolution No. 16730 Page 7 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. As is also noted in the environmental documents referenced in the 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, City Council hereby adopts 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 Council recommends that the Council find that the Program is designed to ensure 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. 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 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. City Council directs the City Clerk to post a Notice of Determination and files the same with the County Clerk. Robert A. Leiter o a i orne Director of Planning C ty Att y Resolution No. 16730 Page 8 Resolution No. 16730 Page 9 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 28th day of July, 1992, by the following vote: YES: Councilmembers: Grasser Horton, Malcolm, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: 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. 16730 was duly passed, approved, and adopted by the City Council held on the 28th day of July, 1992. Executed this 28th day of July, 1992. Authelet, City Clerk