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HomeMy WebLinkAboutReso 2005-279 - e e e 2006-0507414 DOC # 2006-U5U7 41 4 1111111111111111111111111111111111111111111111111111111111111111111111 Recording requested by: City of Chula Vista JUL 19, 2006 10'41 AM IIFFliJ,:.:.,L R~I :IIR[I't ':,,;.l,r'~ LilU.j! II :uu~'n I f":EI ntililF:"_, I ii-Fill llt-itllUr:,'1 .1 ':I~",jlnll-:I]UNT', Fin.J I f-1[iEF: I=EE ':, O,nn pu,I:iE'; 12 After recording return to: City Clerk's Office City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 11111111111111111111111111111111111111111111111111111111111111111111111111111111 This space for Recorder's use only f6 9-e N! 1'0 ( RESOLUTION NO. 2005-279 DocuIMnt Title RESOLUTION NO. 2005-279 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM, IS-05-023, AND GRANTING A CONDITIONAL USE PERMIT, PCC-05-067, TO ALLOW A TEMPORARY OFF- ROAD RACE ON A PORTION OF THE OTAY RANCH VILLAGES TWO AND FOUR, LOCATED SOUTH OF OLYMPIC PARKWAY, EAST OF THE OTAY LANDFILL, AND WEST OF LA MEDIA ROAD A. RECITALS I. Project Site WHEREAS, the parcels which are the subject matter of this resolution are represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description are located on a portion of the Otay Ranch Villages Two and Four over approximately 149 acres of land located south of Olympic Parkway, east of the Otay Landfill and west of La Media Road (Project Site); and 2. Project Applicant WHEREAS, on May 23, 2005 a duly verified application for a conditional use permit (PCC-05-067) was filed with the City ofChula Vista Planning Department by James Baldwin (Applicant); and 3. Project Description; Application for Conditional Use Permit WHEREAS, said Applicant requests permission to conduct a temporary off-road racing and entertainment event on September 23-25 and September 30 - October 2 on said Project Site; and 4. Planning Commission Record of Application WHEREAS, the Planning Commission held an advertised public hearing on the project on July 27, 2005 and voted 5 - 0 - 0 - I recommending that the City Council approve the project in accordance with Resolution PCC-05-067; and 5. City Council Record of Application WHEREAS, a duly called and noticed public hearing on the project was held before the City Council of the City of Chula Vista on August 9, 2005; to receive the recommendation of the Planning Commission, and to hear public testimony with regard to the same. Resolution No. 2005-279 Page 2 NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine, and resolve as follows: B. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearing on this project held on July 27,2005 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. C. ENVIRONMENTAL DETERMINATION The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-05-0n in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that the project could result in significant effects on the environment. However, revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-05-0n. D. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-05-023) has been prepared in accordance with requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Environmental Review Procedures of the City ofChula Vista, and hereby adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-05-023). E. INDEPENDENT JUDGEMENT OF CITY COUNCIL The City Council does hereby find that in the exercise of their independent review and judgment, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-05-0n) in the form presented has been prepared in accordance with requirements of the California Environmental Quality Act (CEQA) and the Environmental Review Procedures of the City of Chula Vista and hereby adopts the same. F. CONDITIONAL USE PERMIT FINDINGS The City Council of the City of Chula Vista does hereby make the findings required by the City's rules and regulations for the issuance of conditional use permits, as hereinbelow set forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding to be made. Resolution No. 2005-279 Page 3 I. That the proposed use at this 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 location is a desirable location for such a one-time racing event. The environmental document and staff reports outlines how the racetrack and temporary facilities are located a significant distance from existing residential neighborhoods to the north and east and visually obscured trom view by the existing slopes. In addition, the racetrack and facilities are a minimum 100-ft. away from multiple species habitat preserve lands to the south and east. The existing topography provides the necessary layout for the temporary structures areas needed for the event and minimal grading is needed for the racetrack. 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. This temporary conditional use permit for a two weekend race event required environmental documentation that analyzed the proposal with respect to the effect of the proposal on health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. While certain aspects of the proposal such as traffic and noise may result in some minor traffic congestion near the site at the time of the events as well as perhaps some one-time noise annoyances due to racing events or early evening live entertainment, the temporary one-time sporting and entertainment events are not regulated by the noise control ordinance. For participants and spectators deciding to attend these racing events, safety precautions are maximized to ensure the health, safety or general welfare of persons involved as outlined in the environmental document and staff reports. In addition, the conditions to grant approval of this permit require that an Off-Road Race Security Plan, Safety/Medical Plan, and Traffic Control Plan shall be provided by the applicant to minimize the potential impacts to public safety, fire, traffic, parking, and other environmental effects on participants, spectators, and the surrounding residential neighborhoods in the vicinity. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposed temporary racing event and activities is considered a conditionally permitted use within the Planned Community (PC) Zone, utilizing the unclassified use requirements listed under unclassified uses in the Zoning Code (19.54.020J-7) for race tracks, which requires that a conditional use permit be considered by the City Council subsequent to its receipt of recommendations thereon from the Planning Commission. Resolution No. 2005-279 Page 4 Municipal Code section 19.58.040(D)(4) generally prohibits alcoholic beverages being sold or consumed on the premises except in conjunction with a restaurant approved through a conditional use permit. In this case, the sale of food through several vendors is an authorized use of the CUP. The sale of alcoholic beverages by these food vendors is authorized consistent with the conditions described below and the licenses issued by the state Department of Alcohol Beverage Control. 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. Because the land use is a temporary use, granting of this permit will not require amendments to the Chula Vista General Plan, or the Otay Ranch GDP. G. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-05-067 subject to the following conditions whereby the Applicant shall: 1. Develop the project site as shown on the preliminary racetrack map submitted for review on June 2, 2005. Any revisions to this site plan required for compliance with the conditions of approval shall be provided prior to the issuance of grading permits. 2. The Applicant shall implement, to the satisfaction of the Director of Planning and Building and the Environmental Review Coordinator, all mitigation measures identified in the Final Mitigated Negative Declaration for a Conditional Use Permit for a Temporary Championship Off-Road Race (IS-05-023) and Mitigation Monitoring and Reporting Program in accordance with the requirements, provisions and schedules contained therein, and as further specified in these CUP conditions. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning and Building and Environmental Review Coordinator should changes in circumstances warrant such a revision. 3. The Applicant shall obtain the appropriate permits for temporary power poles, power supply generators, and temporary seating grandstands and canopies. The path of travel from parking areas and the path of travel to restroom facilities shall be designed to meet ADA handicapped accessibility code requirements. 4. The subject project shall comply with all requirements of State Water Resources Control Board (SWRCB) NPDES General Permit No. CAS000002, Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activity. In accordance with said Permit, a Storm Water Pollution Prevention Plan (SWPPP) and a Monitoring Program Plan shall be developed and implemented concurrent with the commencement of grading activities. The SWPPP shall specify both construction and post-construction structural and non-structural pollution prevention measures. The SWPPP shall also address operation and maintenance of post-construction pollution prevention measures, including short-term and long-term funding sources and the party or parties that will be responsible for the implementation of said measures. The SWPPP shall be provided prior to the issuance Resolution No. 2005-279 Page 5 of a Grading Permit. A complete and accurate Notice-of-Intent (NOl) must be filed with the SWRCB. A copy of the acknowledgement from the SWRCB that a NO! has been received for this project shall be filed with the City of Chula Vista when received. Further, a copy of the completed NO! from the SWRCB showing the Permit Number for this project shall be filed with the City of Chula Vista when received. 5. The Applicant is required to complete the applicable forms contained in the City of Chula Vista's Development and Redevelopment Storm Water Management Requirements Manual and comply with the Manual's requirements. The applicant is required to implement Best Management Plans (BMP's) to prevent introduction of pollutants to storm drainage systems, including natural watercourse, while site preparation is underway, during the permitted events and after the events. BMP's shall include but not be limited to: Solid waste management. Sanitary/septic waste management. Liquid waste management. Dust control. Tracking control. Erosion and sediment control. Spill prevention and cleanup. Adequate and easily accessible spill cleanup kits shall be maintained throughout the grounds and the racetrack. Materials and goods delivery and storage. Hazardous waste management. 6. The Applicant shall post a bond or other security acceptable to the City in an amount determined by the City Engineer to guarantee the installation of all construction, post- construction and post-event pollution prevention measures in accordance with the approved SWPPP and the project's approved erosion control plan. The security shall also provide for an amount to guarantee the post-event rehabilitation and/or stabilization of the site to the satisfaction of the Director of Public Works. The security shall be provided prior to the issuance of a Grading Permit. 7. Existing on-site vegetation shall be preserved and maintained to the Maximum Extent Practicable during site preparation and all events associated with the Conditional Use Permit. 8. All proposed detentionldesiiting basins shall be fenced for safety and shall be shown on the grading plan. 9. No vehicle cleaning, fueling, or servicing shall be conducted unless within designated areas provided with adequate Best Management Practices (BMPs) to prevent discharge of pollutants to natural drainage courses or storm drain systems to the Maximum Extent Practicable. Appropriate erosion control BMPs shall be provided for all graded parking and other areas as indicated on the approved erosion control plan. The applicant is responsible for enforcing these requirements during and after the permitted events. 10. The Applicant shall provide and maintain BMPs continuously before, during, an after site preparation. No part of the project shall be left without BMP's for 7 or more calendar days. Resolution No. 2005-279 Page 6 11. At such time as all temporary and permanent erosion control measures and BMPs as identified on the project's approved grading plans and/or SWPPP have been substantially completed to the satisfaction of the Director of Public Works, but no later than two weeks prior to the scheduled opening day of the event, the applicant shall convene an on-site meeting to be attended by representatives of: the Environmental Section and the Departments of Public Works/Operations; the Departments of Engineering, Planning and Building, Police and Fire. At this meeting, all observable physical site preparations shall be ready for inspection by the respective departments. 12. The applicant shall submit to for approval by the City Engineer a long-term stabilization plan that shall be put into effect immediately after the permitted events. All disturbed areas shall be permanently stabilized immediately after the event to the satisfaction of the Director of Public Works, including re-vegetation to provide a minimum of 70 percent coverage and erosion protection equivalent to or better than the existing conditions and/or in accordance with the approved long-term stabilization plan. The stabilization plan shall be provided prior to the issuance of a Grading Permit. 13. Stockpiles of excavated soil, building and paving materials whether deposited prior to or during site preparation and that remain on-site after the permitted events shall be either be removed and disposed of properly, or permanent BMP's, as identified in the post-event SWPPP, shall be put into place to protect the stockpiles. 14. The Traffic Control Plan prepared by the applicant and approved by the Police Department shall be submitted for approval by the City Engineer prior to the issuance of a Grading Permit. Compliance with the Traffic Control Plan is a condition of this permit. 15. No overnight camping or motor home shall be allowed within the project boundary site during the race event weekends of September 23-25 and September 30 - October 2 or during the intervening week except for those self-contained facilities utilized by racing teams located within the pit area. The Applicant shall provide signs at all of the entrances to the racing event indicating the following: California Yehicle Code (CYC) 22658: (a) Except as provided in Section 22658.2, the owner or person in lawful possession of any private property, within one hour of notifying, by telephone or, if impractical, by the most expeditious means available, the local traffic law enforcement agency, may cause the removal of a vehicle parked on the property to the nearest public garage under any of the following circumstances: (1) There is displayed, in plain view at all entrances to the property, a sign not less than 17 by 22 inches in size, with lettering not less than one inch in height, prohibiting public parking and indicating that vehicles will be removed at the owner's expense, and containing the telephone number of the local traffic law enforcement agency. The sign may also indicate that a citation may also be issued for the violation. Resolution No. 2005-279 Page 7 16. The Applicant's representative CORR management team shall follow the race schedule provided or provide a revised race schedule for review and approval by the Police Department's Special Events & Special Investigations Unit and subject to final review and approval by the Police Chief. Racing events generally shall occur between 10:00 a.m. and 5:00 p.m. Post-Racing Event activities including live entertainment may be provided between 5:00 p.m. and 7:00 p.m. Compliance with these hours of operation is a condition of this permit. 17. The Applicant's representative CORR management team shall obtain and provide all required Alcoholic Beverage Control (ABC) permits to the Police Department's Special Events & Special Investigations Unit prior to any sales of alcohol on the project boundary site at the racing and entertainment events. The sale of alcoholic beverages may occur during the races and shall cease one hour prior to the end of the races. Compliance with the limitation to the sales of alcohol is a condition of this permit. 18. The Applicant's representative CORR management team shall provide a Security Plan for review and approval by the Police Department's Special Events & Special Investigations Unit and subject to final review and approval by the Police Chief. Compliance with the Security Plan approved by the Police Chief is a condition of this permit. 19. Coordinate with the consulting engineer of the adjacent developer property the fencing or other security features should be provided to discourage patrons ITom finding their way onto adjacent construction sites. Access controls should be placed at Birch Road from Magdalena Avenue in Village Six and ITom Birch Road south onto Magdalena Avenue at the north end of Village Seven. Fencing should already be in place along the west side of Magdalena extending from Birch Road to the High School entrance. Additional fencing may be warranted is along the remainder of the west side of Magdalena A venue from the high school entrance to Rock Mountain Road. This would effectively limit access to all active construction areas, including the School District's high school site. 20. The Applicant shall provide additional information regarding the specific locations where tickets will be taken to avoid queuing impacts onto adjacent arterials. This information shall be provided with the Traffic Control Plan for review and approval by the City Engineer a minimum two weeks prior to the event. 21. The Fire Department will have a fully staffed brush engine (1 - Captain, I - Engineer, I - Firefighter) dedicated to this event. This apparatus will be at the event one hour before and after the normal event times, thus 7:00 am through 7:00 pm (4 days). This apparatus and staffing will be charged at full cost recovery to the Applicant. 22. The Applicant shall furnish to both the Chula Vista Fire Department and American Medical Response, a means for two-way radio communication during the hours of operation. Resolution No. 2005-279 Page 8 23. Obtain all necessary permits for tents, canopies, or temporary membrane structures along with other pertinent permits as described with CFC 105.8 shall be applied for and approved prior to the event's start. 24. The portable seating systems shall be installed in accordance with the manufactures specifications and listings. 25. Provide a minimum 20-ft. wide parking aisle to every parking space area. Parking aisles shall serve a maximum double-loaded row of vehicles. Tandem parking is prohibited. 26. Provide a 8afetyIMedical Plan for review and approval by the Fire Marshall prior to the event. Compliance with the Emergency Medical Plan is a condition of this permit. 27. The Applicant shall provide proof of liability insurance coverage naming the City of Chula Vista as an additionally insured party in the amount of $10 million. The liability insurance policy shall be reviewed and approved by the Risk Management Department two weeks prior to the event. 28. 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. 29. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit (PCC-05-067) and the Final Mitigated Negative Declaration for this Conditional Use Permit allowing for a Temporary Championship Off-Road Race (18-05-023) and Mitigation Monitoring and Reporting Program, (b) City's approval or issuance of any other permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) the activities conducted in conjunction with this Conditional Use Permit and Final Mitigated Negative Declaration, including all claims for damages for alleged personal injuries or property damage from any person or entity, whether such injury or damage is allegedly caused by applicant/operator, race participants, vendors, or spectators. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this conditional use permit where indicated, below. Applicant's/operator's compliance with this provision is an express condition of this conditional use permit and this provision shall be binding on any and all of Applicant's/operator's successors and assigns. Resolution No. 2005-279 Page 9 H. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy of this recorded document within ten days of recordation to the City Clerk shall indicate the property owners/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the City Clerk's Office. ignature of James Baldwin Applicant/Property Owner '8;Jd.-S/05 I f Date 95/;;;5/05 Signature of Applicant's Event Representative From Championship Off-Road Racing (CORR) Date I. !NV ALIDITY; 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 anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by J es Sandoval arming and Building Director Resolution No. 2005-279 Page 10 PASSED, APPROVED, and ADOPTED by tbe City Council oftbe City ofChula Vista, California, this 9tb day of August, 2005, by the following vote: AYES: Councilmembers: Castaneda, McCann, and Rindone NAYS: Councilmembers: None ABSENT: Councilmembers: Davis, Padilla J4~(l2c! L /Stephen C. Padilla, Mayor ' ATTEST: - </1/L. '~I. ~ ~I"'>. ./ Susan Bigelow, MMC, City:t;lerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that tbe foregoing Resolution No. 2005-279 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on tbe 9th day of August, 2005. 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