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HomeMy WebLinkAboutReso 1991-16017 RESOLUTION NO. 16017 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CONDITIONAL USE PERMIT FOR EASTLAKE GREENS GOLF COURSE AND RELATED FACILITIES WHEREAS, EastLake Development Company ("Applicant"} was the applicant for a tentative map proposing the subdivision of a 830 acre parcel of land into various lots, including, but not limited to, 2754 residential lots, and 7 golf course lots; and, WHEREAS, applicant proposes to use 7 lots for the development and operation of a regulation play, 18-hole golf course with a driving range with night lighting, a 13,000 square foot clubhouse with restaurant, bar, pro shop, restrooms and kitchen, and a one acre fenced maintenance compound with a 5,000 square foot building ("Golf Course"); and, WHEREAS, pursuant to the provisions of Chula Vista Municipal ordinances, Applicant is required to obtain a conditional use permit as a condition of entitlement to develop and operate a golf course; and, WHEREAS, on May 7, 1990, the Design Review Committee voted 3-0 to approve the project design (reference DRC-90-37); and, WHEREAS, on October 24, 19gO, the Planning Commission voted 4-0 to recommend that Council approve the project in accordance with Resolution PCC-91-14; and, WHEREAS, on December 13, lggO, the Parks and Recreation Commission reviewed the issue of public versus private use of the golf course and voted 5-0 to recommend that Council include the following as conditions to the CUP: 1. Allow public use of golf course for at least the first five years of operation. Adequate notification of the privatization to be given via signage and written notice to golfers in years l, 3 and 5. 2. Provide Chula Vista residents golfing privileges at non-prime tee times (after 12:00 noon) after the golf course is converted to a private club for the next five years. Green fees to be comparable to the average green fees of quality semi-private golf courses in San Diego County. The four comparable courses would be Singing Hills, Rancho San Diego, Pala Mesa and Carlton Oaks. 3. Adequate notification of privatization to be given via signage and written notice to golfers in years l, 3, and 5. Resolution No. 16017 Page 2 WHEREAS, as a condition, "Condition No. 80", of the conditions of approval of applicant's tentative map, applicant was required to reach an agreement with the City on permitting public participation at the golf course; and, WHEREAS, at the City Council meeting of January 22, 1991, the City Council accepted an agreement with the applicant, entitled "Supplemental Subdivision Improvement Agreement Regarding Condition No. 80", dated January 22, 1991, setting forth the duty of applicant to obtain a golf course, and acknowledging the agreed authority, and the extent thereof, of the City to impose, as part of the conditional use permit, a condition regarding public participation at the golf course; and, The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve PCC-91-14 Conditional Use Permit for EastLake Greens Golf Course and related facilities based on the following findings: 1. That the proposed use at the particular 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 golf course will provide a recreational facility for existing populations and for the future residents of the EastLake Greens community. The clubhouse with restaurant and lounge facilities will also provide a potential recreational and banquet facility. The open space created by the golf course will provide an attractive green belt area and the trail system associated with it will provide additional recreational alternatives. 2. That the 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 site has been designed as part of the EastLake Greens Sectional Planning Area to avoid the creation of traffic hazards or congestion. Adequate parking will be provided on-site and along Clubhouse Drive. Grading, landscaping and necessary fencing will be provided where course facilities are in close proximity to residential areas. Lighting of night facilities has been designed and will be monitored to mitigate impacts to residential areas and traffic on Hunte Parkway. ~esolution No. 16017 Page 3 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposal complies with all conditions specified in the zoning ordinance for golf course/country clubs, section 19.58.090. Compliance with all other applicable codes, regulations and conditions will be required prior to issuance of bull ding permits. 4. That the granting of this conditional use permit will not adversely effect the general plan of the City or the adopted plan of any government agency. The golf course is an integral part of the EastLake Greens Sectional Planning Area Plan which was approved in conformance with the General Plan designation of low-medium residential, 3 to 6 dwelling units per acre. NOW, THEREFORE, BE IT FURTHER RESOLVED that said Conditional Use Permit is hereby approved and issued by the City Council subject to the following conditions of approval: A. Mitigation Measures Imposed as Conditions. The mitigation measures and monitoring program adopted for the Addendum to Supplemental EIR 86-4 and lighting addendum are incorporated herein by reference (see also Planning Commission Resolution PCC-91-14) and are hereby imposed as conditions to the permit herein granted as if they were set forth in full; and, B. Sanctioned Olympic Athletics. In perpetuity, or for so long thereof that a golf course is conducted on said golf course property, EastLake, the golf course operator, and their successors in interest, shall permit "pay-for-play" access to United States Olympic Committee ("Sanctioned Athletes") to train at the Arco Olympic Training Center in Chula Vista on the same terms and conditions (other than purchase of a membership) as the persons or groups receiving the most privileged access (including any form of membership access) to the course, except during "course sponsored" tournaments and special events. C. EastLake High School Golf Team Members. In perpetuity, or for so long thereof that a golf course is conducted on said golf course property, EastLake, the golf course operator, and their successors in interest, shall permit, during a "gol fing season" and during a "golfing pre-season" (which season and pre-season shall Resolution No. 16017 Page 4 ' be officially recognized by the Sweetwater Union High School District Board of Trustees, or their successor entity ("Trustees")), "pay-for-play" access Monday through Friday, inclusive, but excepting therefrom holidays, and during "course-sponsored" tournaments and special events, to those student members and coaches of the officially sanctioned EastLake High School Golf Team ("Team") sanctioned by th Trustees as "Team Members", on the same terms and conditions (other than purchase of a membership) as the persons or groups receiving the most privileged access (including any form of membership access) to the course. D. Chula Vista Resident Access. For a period of lO years from the date the golf course is opened for play, EastLake, the golf course operator, and their successors in interest, shall permit "pay-for-play" access to the golf course to Chula Vista residents, and accompanying guests ("Chula Vista Pay-for-Play Access"). For the entire lO year period, the Chula Vista Pay-for-Play Access shall be on the same terms and conditions (other than purchase of a membership) as the persons or groups receiving the most privileged access (including any form of membership access) to the course, except that: 1. the Chula Vista Pay-for-Play Access shall be subject to an advance reservation system approved by the Director of Parks and Recreation, or on appeal to the City Council, that is consistent with the terms of this permit. 2. the Chula Vista Pay-for-Play Access shall be prohibited during days and times which are reserved by the Permittee for club-sponsored tournaments. E. Advance Registration System. For a period of lO years from the date the golf course is opened for play, Permittee shall adopt and keep in full force and effect, and indiscriminately implement, an advance registration system as may meet with the satisfaction and approval, now and for the lO year period, of the Director of Parks and Recreation, or on appeal to the City Council, subject to the condition that the advance registration approved by the Director of Parks and Recreation shall provide that EastLake Greens homeowners and lO designees of EastLake's choice (to be named prior to opening), Sanctioned Athletes, and Team Members, may apply for, and obtain, reservations to play golf on the golf course at least 24 hours in advance of all other Chula Vista residents and that further provides that and obtain, reservations to play golf on the golf course at "tee times" not theretofore assigned (as determined from the time of the request for reservations) at least 24 hours in advance of all other persons. Resolution No. 16017 Page 5 F. Notice of Termination of Public Access. Permittee shall provide adequate notification to Chula Vista residents of the date on which the right to public play ceases. The form and substance of the notice to be subject to review and approval of the Director of Parks and Recreation. G. Maintenance Building Lot Line Adjustments. Prior to issuance of building permits for the maintenance building, any necessary 1 ot line adjustment applications will be filed with the City Planning Department. H. Fire Hydrants. On site fire hydrants will be required subject to the review and determination of the Fire Marshall in conjunction with construction plans. I. Automatic Lighting Controls. Automatic lighting controls shall be installed to ensure lighting turns off at 10:00 p.m. J. Orientation of Lighting. The low level lighting system shall be re-oriented to face a more southerly direction, per the EastLake Greens Lighting Report, subject to approval of the Director of Planning. K. Use of Fresh Water to Irrigate Golf Course. Permittee shall obtain City approval, to be issued by the City Council, in their sole discretion, upon written application of Permittee, prior to using potable water to irrigate any portion of the golf course during any period of time in which Otay Municipal Water District, or any successor supplier of water to the land on which the golf course is located, has declared there to be the existence of a Stage I water shortage, or any more severe water shortage condition. In the event that the water supplier replaces its references or syntax of water availability from that currently used, to wit: "Stages", then this condition shall apply to the declaration of a condition of water availability by the water supplier approximately equivalent to the currently-used State I condition. Resolution No. 16017 Page 6 L. Right of Modification Reserved to City. 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 heal th, 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. Additionally, this conditional use permit may be brought back before the P1 anning Commission for review and modification, based on complaints received regarding noise, security, lighting, or other forms of nuisance associated with operations of the course and clubhouse facilities. Said review may include a further restriction on operating hours, adoption of noise attenuating devices, or other means that would mitigate the complaints received. 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 operation of the use permitted, be expected to economically recover. Notwithstanding the foregoing, this "right of modification" provision may not extend the lO year limitation on Chula Vista Pay-for-Play Access. Presented by Approved as to form by obert A. Leiter YBru~e M. Boogaa~d ~ Director of Planning City Attorne Resolution No. 16017 Page 7 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 12th day of February, 1991 by the following vote: AYES: Councilmembers: Malcolm, Moore, Rindone NOES: Councilmembers: Nader ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Leonard M. Moore Mayor, Pro-Tempore ATTEST: Beverly/A. 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. 16017 was duly passed, approved, and adopted by the City Council held on the 12th day of February, 1991. Executed this 12th day of February, 1991. Beverly A< Authelet, City Clerk