HomeMy WebLinkAbout2007/06/05 Item 15
ITEM TITLE:
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COUNCIL AGENDA STATEMENT
Item No.: 15
Meeting Date: OhlO~107
PUBLIC HEARING: Consideration of a Conditional Use Permit (PCC-
07-063) for Championship Off-Road Racing (CORR) June 8-10 and
September 28-30,2007, Rock Mountain Quarry land adjacent to the Otay
River Valley - Applicant: James Baldwin, owner of Championship Off-
Road Racing (CORR).
RESOLUTION: Resolution of the City Council of the City of Chula
Vista adopting the Mitigated Negative Declaration and Mitigation and
Monitoring Program, 1S-07-030, and granting a Conditional Use Permit,
PCC-07-063, to conduct off-road racing events on a temporary off-road
racetrack on a portion of the Rimrock Rock Mountain Quarry, located off
of Heritage Road and adjacent to the Otay River Valley - James Baldwin,
owner of Championship Off-Road Racing (CORR).
Director OfPl~ and Buildin<> ~
City Manager ;j/ ~4/5thS Vote: Yes _ No --X....)
James Baldwin, owner of Championship Off-Road Racing (CORR), has applied for a
Conditional Use Permit for two temporary off-road racing events on June 8-10 and September
28-30,2007. Aside from the new location in the Rock Mountain Quarry, these racing events
will be the same as the four temporary racing event weekends conducted in 2006 and two
conducted in 2005 in Otay Ranch Village Two. Race days will be Saturdays and Sundays with
events scheduled from 7:00 a.m. - 7:00 p.m. The sale of alcoholic beverages is requested during
the races until prior to the last race. On the Fridays and race day events, the racetrack will be
open from 10 a.m. - 4:00 p.m. for practice and qualifying. The site plan proposes that
grandstands and race pit areas south of a temporary racetrack built within the Rock Mountain
Quarry. The agricultural fields of the undeveloped Otay Ranch Village Three are proposed to
provide the public parking lot areas, with access from Energy Way. A fee will be required at the
entrance to the parking lot areas separate from the admission ticket. A 27-acre camping area is
proposed in the area shown in the General Plan as the western Active Recreation area in the Otay
River Valley.
RECOMMENDATION: Staff recommends that the City Council adopt a resolution approving
Conditional Use Permit PCC-07-063 in accordance with the findings and subject to the
conditions contained therein.
BOARDS/COMMISSIONS RECOMMENDATION:
Planning Commission
The Planning Commission met on May 23, 2007 and voted 4-3-0-0 to recommend approval of
the Conditional Use Permit.
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Three Planning Commissioners voted against the proposal citing concerns about the adequacy of
the environmental mitigation measures to address the potential impacts of the off-road races.
Another concern was raised about what the net economic benefit would be to the community.
All of the Planning Commission members expressed concerns about the short amount of time
allotted for the review of the project, since the final approval must be granted only three days
prior to the first racing event weekend.
Resource Conservation Commission
The Resource Conservation Commission (RCC) found that the Mitigated Negative Declaration
"insufficient" (or inadequate) by a vote of (4-2-0-1). Therefore, the RCC did not recommend
adoption of the Mitigated Negative Declaration at their May 7, 2007 meeting. The RCC's action
was generally based on a determination that the proposed project was not an appropriate use
within the Otay River valley, or adjacent to the surrounding sensitive preserve areas.
Several RCC members expressed their concerns that allowing this type of use within this area
would set a precedent that could make future planning efforts within the OVRP more difficult.
The Commission also felt that the proposed race offered no net benefit to the community and if
they were to recommend approval of this project, they would not be fulfilling their commitment
to protect the valuable resources offered within this area.
Several RCC members also expressed general concerns related to the adequacy of the MND and
validity of the supporting technical information. The RCC was concerned that baseline noise
conditions were not sufficiently substantiated and that the monitoring locations did not accurately
reflect where race related activities would occur in relation to adjacent Preserve areas. RCC also
raised concerns with the June race and its potential to impact sensitive biological resources
during the breeding season.
The Otay Valley Regional Park Citizens Advisory Committee and the Policy Committee
The Otay Valley Regional Park (OVRP) Citizens Advisory Committee (CAC) held a meeting on
April 25, 2007, and the Otay Valley Regional Park (OVRP) Policy Committee (PC) held a
meeting on April 26, 2007 to discuss the proposed racing events.
A sub-committee consisting of CAC/PC members was formulated to address the CORR Off-
Road Race application. This Committee held a meeting on May 4, 2007 and by a vote of 5-2
recommended approval of the Conditional Use Permit (CUP) for the 2007 Championship Off-
Road Race to the OVRP CAC. The OVRP CAC held a meeting on May 18,2007 and by a vote
of 11-4 recommended approval of the Conditional Use Permit (CUP) for the 2007 Championship
Off-Road Race to the OVRP PC.
The OVRP Committees recommend their approvals with conditions to (1) adhere to all
mitigation measures set forth in the final version of the MND, (2) monitor and measure current
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baseline conditions of sound, air and water before and during racing events, and (3) that the
recommendation not be construed to be an endorsement of a future temporary or permanent
racing events.
ENVIRONMENTAL REVIEW: The Environmental Review Coordinator has reviewed the
proposed project for compliance with the California Environmental Quality Act and has
conducted an Initial Study, IS-07-030 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 or mitigate the effects
to below significance; therefore, the Environmental Review Coordinator has prepared a
Mitigated Negative Declaration, IS-07-030.
DISCUSSION:
1. Project Background
Championship Off-Road Racing (CORR) has occurred within the City over the past two years on
a temporary racetrack that was constructed on the Otay Ranch Village Two project site, subject
to Conditional Use Permits (CUP) issued in 2005 and 2006 for two weekend and four weekend
racing events in 2005 and 2006, respectively.
CORR representatives met with staff on November 8, 2006 about a proposal to conduct racing .
events within the Otay Valley Regional Park's eastern Active Recreation Area (under the Otay
Valley River SR-125 Tollway Bridge, currently under construction). This proposal was strongly
discouraged by both the Federal Fish & Wildlife and State Fish & Game agencies in a meeting
held in December 2006, where the agencies recommended use of the Rock Mountain Quarry.
CORR representatives met with staff about use of the Rock Mountain Quarry project site on
January 31, 2007. At that meeting, staff pointed out that issues related to the impact on the
MSCP Preserve and Otay Valley Regional Park (OVRP) would need to be resolved to ensure that
there would be the appropriate amount of time for all parties, including the Federal Fish &
Wildlife, State Fish & Game, and the OVRP Citizen's Advisory Committee (CAC) and Policy
Committee (PC) to review the application.
Staff held meetings on March 7, 2007 with the Federal Fish & Wildlife and State Fish & Game
agencies, and on April 18th with the OVRP City and County of San Diego staff to facilitate the
applicant's presentation of their project. On April 25th, City staff met with the OVRP Citizen's
Advisory Committee (CAC), on April 26th with the OVRP Policy Committee (PC), and on May
4th with the OVRP Trails Sub-Committee. The Resource Conservation Commission met on May
7,2007 regarding the project.
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2. Project Site Setting
The Rock Mountain Quarry is a I 50-acre site located due east of Main Street, where it turns into
the alignment of Heritage Road, where vehicles veer right to enter the Coors Amphitheatre and
Knott's Soak City. The Rock Mountain Quarry access road generally forms the southern border
of the proposed track/pit/grandstand area, with the Otay River located south and Wolf Canyon to
the west. Surrounding land uses include the active portion of the Rock Mountain Quarry to the
immediate north and Open Space/Preserve areas to the immediate east, south, and west. Land
uses within the general vicinity of the project site include the future Otay Ranch Village Three
and the Otay Landfill to the northwest, developed residential uses within the City of San Diego to
the south, and the Coors Amphitheater and Knott's Soak City Water Park to the southwest.
The rock quarry site has been fully disturbed by ongoing aggregate mining and processing
operations. Current mining operations include rock drilling, blasting, resource extraction and
processing, stockpiling of construction aggregate and waste products. The racetrack area is sited
within the rock quarry to avoid direct impact to sensitive biological resources.
Technically, the southern portion of the racetrack project area is located within the preserve area
of the City's MSCP Subarea Plan, but this area has been part of the overall rock quarry area that
was fully disturbed years ago as a result of an unauthorized encroachment by the former quarry
operator. The Rock Mountain Quarry Reclamation Plan includes a restoration plan to restore
this area within 25 years back to a level consistent with the adjacent undisturbed preserve areas to
the south.
The proposed parking is located on the future Village Three Industrial land area, and the
proposed camping is located on one of the Open Space Active Recreation areas of the Otay river
valley with the Otay Valley Regional Park.
3. General Plan Land Use and Zoning
General Plan
The 2005 General Plan Update land use designations for the project site include "Open Space"
(Non-Preserve) for the racetrack, grandstands and pit areas and VIP parking areas. The public
parking areas are designated "Industrial," and the camping area is designated "Open Space
Active Recreation." The VIP parking area, pit area, track, and grandstands are fully located
within the existing boundaries of the Otay Ranch Quarry Reclamation Plan further described in
the sub-section below regarding the Otay Ranch Rock Mountain Quarry Reclamation Plan. The
proposed public parking is an allowable use within an Industrial land use designated area, and the
proposed camping in the Open Space Active Recreation land use designation is one of the
intended uses within this area. These uses are considered temporary under the Conditional Use
Permit application. These temporary uses are consistent with the General Plan.
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Otay Ranch General Development Plan
The Otay Ranch GDP identifies the boundaries of the parcel containing the Rock Mountain
Quarry as "Not a Part." The proposed public parking areas for the project are land designated for
industrial use in Village Three, and the camping area is shown as Open Space Active Recreation.
The parking and camping areas are consistent land uses with the General Development Plan land
use designations. The temporary racetrack, parking and camping uses are consistent with the
Otay Ranch General Development Plan.
Of note, a SPA Plan has been prepared for Otay Ranch Villages Two, Three and portion of
Village Four, and the public parking area is located within the Village Three development
planning area. The SPA Plan shows Village Three as an area being planned for industrial and
open space uses.
Otay Ranch Rock Mountain Quarry Reclamation Plan
The Otay Ranch Pit has operated since the 1940's, and the Reclamation Plan was prepared in
accordance with the Surface Mining and Reclamation Act (SMARA) of 1975, and approved by
the County of San Diego in 1980. The reclamation plan details (1) the beginning and expected
ending dates for each phase of mining activities; (2) all reclamation activities required; (3)
criteria for measuring completion of specific reclamation activities; and (4) estimated costs for
completion of each phase of reclamation. The total land area in the adopted Reclamation Plan is
1 57-acres.
The Reclamation Plan describes the ultimate reclamation of the Rock Mountain Quarry to occur
in a manner that would facilitate future development consistent with the City's General Plan. The
adopted reclamation plan includes a biological restoration plan designed to reclaim previously
disturbed Preserve areas back to a level consistent with the surrounding undisturbed open space
Preserve areas.
Reclamation of the disturbed Preserve areas is not scheduled to occur until the completion of
extraction activities, which is approximately 25 years from now. Given the temporary, short-term
nature of the project, no adverse impacts are anticipated that would prevent the ultimate
reclamation of this site as detailed in the currently approved Reclamation Plan.
The VIP parking area, pit area, racetrack, and grandstands are fully located within the existing
boundaries of the Otay Ranch Quarry Reclamation Plan. In April 2006, the State Mining and
Geology Board amended the original site reclamation plan approved by the County of San Diego
in 1980 to include areas that were disturbed by a former quarry operator as a result of on-going
extraction operations.
The amendments revised the reclamation plan boundaries to add approximately 38 acres of fully
disturbed land near the Otay River but subtracted approximately 29 acres of undisturbed land
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located within adjacent Wolf Canyon. The southern portion of the racetrack, pit areas and
grandstands are within a portion of the 38 acres of disturbed land near the Otay River.
Multiple Species Conservation Program (MSCP) Subarea Plan
The Multiple Species Conservation Program (MSCP) Subarea Plan was prepared by the City of
Chula Vista in coordination with the Federal and State Regulatory agencies in order to
implement the MSCP Subregional Plan within the City of Chula Vista. The City Council
adopted the MSCP Subarea Plan on May 13,2003. Subsequently, the Wildlife Agencies issued
the City a Take Permit and signed the Implementing Agreement granting the City Take
Authorization on January 11,2005.
The existing quarry site is recognized by the City's MSCP Subarea Plan as a legal, non-
conforming use, in operation at the time the underlying zone was established. As such, existing
mining activities have continued to operate under legally existing permits.
Otay Valley Regional Park Concept Plan
The Cities of San Diego and Chula Vista, and the County of San Diego adopted the Otay Valley
Regional Park (OVRP) Concept Plan in July 1997. The concept plan identifies active recreation
areas that are not a part of the Preserve, but are surrounded by Preserve areas. The OVRP
Concept Plan does not change existing zoning or planned land uses, or add new development
regulations, nor does it preclude private development in designated recreation areas consistent
with existing zoning or planned land uses. The temporary racetrack, parking and camping uses
are consistent with the Otay Valley Regional Park Concept Plan.
Zoning
Current zoning for the site is Planned Community (PC). The proposed racing event activities can
be conditionally permitted within the Planned Community (PC) Zone, through Zoning Code
(19.54.020J-7). The proposed activity requires that a conditional use permit be considered by the
Planning Commission and approved by the City Council. As a temporary use, the racetrack will
not require any amendments to the Chula Vista General Plan, or the Otay Ranch GDP.
4. Project Description
The proposed project is a temporary event involving off-road racing on a portion of the Rock
Mountain Quarry located adjacent to the Otay River Valley, in addition to a portion of Otay
Ranch Village Three for public parking and the western Active Recreation Area within the Otay
River Valley for camping (See Attachment 1: Locator Map).
The racing events will occur over two, non-consecutive weekends, June 8 - 10 and September 28
- 30, 2007. The off-road racetrack is proposed within the southern portion of the Rock Quarry
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that is no longer subject to resource extraction operations. Mining operations are not affected by
the creation of this racetrack, but will not occur during the racing event weekends.
Mining operations are ongoing within the boundaries of the Rock Mountain Quarry, and pursuant
to the approved Reclamation Plan under the California Surface Mining and Reclamation Act,
grading and leveling of the racetrack is being conducted under the Reclamation Plan.
Site preparation will include installation of grandstands, security lighting and fencing, orange
bio-fencing to restrict access to the City's MSCP Preserve, signage for sensitive habitat areas,
and storm water BMPs. The project also includes 6-ft. high fencing in certain key areas to
provide additional security and to further prevent unauthorized access to adjacent Preserve areas.
The public parking will occur on the agricultural land within a portion of Otay Ranch Village
Three. The vehicular entrance to this parking area will be from the cul-de-sac terminus of Energy
Way, via Nirvana Road from Main Street.
The other two access points to the project site will not be open to the general public but will
provide access to the site for race teams, emergency vehicles, VIPs and campers.
The first is the dirt road to the north of the Otay River off of Main Street, which will provide
access to the racetrack, pit areas, and VIP parking areas.
The second is the dirt road to the south of the Otay River off of Heritage Road, which will
provide access to the camping area. Overnight camping is proposed within a parcel designated
for "Active Recreation" within the City's General Plan.
The City will provide fire, police and emergency services, and the event sponsors will cover all
costs associated with additional service demands. A Traffic Control plan will be developed to
facilitate arrival and departure from parking lot areas. Event-related activities include:
I. Races on Saturdays and Sundays of event weekends.
2. Pre-race track trials and qualifications (Friday before event weekends)
3. Friday through Sunday overnight camping rn event weekends.
4. Event Parking.
5. Nighttime security lighting.
6. Limited Fireworks and Live Entertainment before, during and after race events.
Noise attenuation is primarily provided by the existing terrain/topography on the north and east
sides of the track area. Specifically, an approximate 15 foot-high shear rock face separates the
track from the adjacent open space areas located to the north and east. In addition, a plywood
barrier (or other approved material) will be mounted on the back of four grandstand structures,
each measuring 234 feet in width and 60 feet in height. The thickness of the plywood would be a
minimum Y:z inch.
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The sale of alcoholic beverages is requested for approval as part of this Conditional Use Permit
in conjunction with the required Alcohol and Beverage Control (ABC) permits, The Amusement
and Entertaimnent Facilities use requirements allows for alcoholic beverages to be sold or
consumed on the premises in conjunction with a restaurant, Through this conditional use permit
the applicant is requesting permission to sell alcohol in conjunction with food vendors,
5. Staff Analysis
R ::tr.p.tr~ek:
The proposed site plan shows a racetrack, including the grandstands and pit areas within the
Rock Mountain Quarry mining bowl adjacent to the revised southern boundary, Ideally the
racetrack would be located more towards the middle of the quarry to attenuate noise, but mining
operations are still underway at the center of the project site,
However, the idea of locating the racetrack in the quarry addresses concerns that have been raised
in the past two years about the impacts of an off-road racetrack on nearby residential areas at that
site, The Otay Ranch Village Two temporary racetrack utilized in 2005 and 2006 was adjacent to
the residential Otay Ranch Villages One, Five, Six and Seven, The nearest residential
neighborhoods to the Rock Mountain Quarry are over a mile away in San Diego's Otay Mesa, to
the south and west of Coors Amphitheatre and Knott's Soak City,
PHrking:
Approximately 7,440 public parking spaces will be available over approximately 76-acres of
Otay Ranch Village Three, Access to the Village Three parking area will be provided via Energy
Way to the west. Modifications to the Energy Way cul-de-sac include temporary replacement of
the existing curb and chain link fence with an asphalt driveway and crushed gravel and/or rumble
plates, The parking lots are currently agricultural fields that have been mowed, By maintaining
the hay field roots, dust will be minimized in these designated parking areas; however, watering
of the access driveways without gravel treatment and other parking areas will be required as a
condition of approval to minimize dust created from spectator vehicles,
rHmping:
Overnight camping will be provided for up to 150 campsites on a 27-acre campsite within the
Western Active Recreation area of the Otay Valley Regional Park, A shuttle bus will be
provided to transport patrons from the camping area to the track area, Security will be provided
in the camping area from the end of the last race to 7 a,m, the following day, Security fencing
will prevent campers and patrons from entering into the adjacent MSCP Preserve,
Noise:
The issue that raises the most concern regarding the potential effect of the project is the potential
effect of racing event noise on sensitive bird species during their nesting seasons (typically
February to Mid-September) for the June 8-10 racing events, As discussed in the Noise analysis
in the Mitigated Negative Declaration (MND), noise from vehicle racing, loudspeakers, or other
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incidental sound sources associated with the events will have an adverse affect on certain
sensitive bird species such as the Coastal California Gnatcatcher and Least Bell's Vireo. The
City's MSCP Subarea Plan does not provide a specific numerical threshold for operational noise
affecting these species, but for comparative purposes, a generally accepted standard used to
evaluate impacts is a one-hour average noise level greater than 60 dB.
It is important to note that the noise impacts for the races will not exceed those already generated
by the existing rock quarry operations which will be suspended during the racing events. The
noise analysis prepared for the project provides an estimate of noise levels generated by the
proposed project. Unattenuated noise levels at the closest sensitive habitat location within the
Preserve, immediately adjacent to the south of the proposed track, estimated at 85 dB hourly Leq.
Taking the existing terrain topography into consideration, and providing the maximum sound
attenuation available through structural design features (enclosure of the rear of the stands
located between the track and the Preserve), the noise analysis concludes that areas having
potential to support least Bell's vireo and coastal California gnatcatcher are expected to be
exposed noise levels of approximately 75 dB hourly Leq noise level during the racing events.
The Noise Ordinance also governs fixed source and/or operational noise. However, the proposed
project is classified as a temporary outdoor gathering, and as such is considered to be exempt
from the provisions of the Ordinance, pursuant to Section 19.68.060 which states "The
provisions of this title shall not apply to occasional outdoor gatherings, public dances, shows and
sporting and entertainment events, provided the events are conducted pursuant to a permit or
license issued by the city relative to the staging of the events."
Rlnlneic.::ll Re:~()llrr.e:..:::.:
Implementation of the proposed project would result in direct impacts to annual (non-native)
grassland and developed/disturbed land. All of the impacts to annual grassland are within former
agriculture areas of the Parking and Camping areas. Site preparation for these areas will consist
of mowing only, and no soil disturbing grading activity is proposed.
Impacts to annual grassland within the Parking and Camping areas would be temporary and
would not result in permanent or significant adverse impacts to annual grasslands. These areas
are anticipated to recover without the need for active restoration. Freshwater marsh, mixed
riparian scrub, and southern willow scrub within the survey area would be avoided and not be
directly impacted by the project.
According to the MND, no long-term, direct impacts to sensitive vegetation communities would
result from project implementation. The entire project site avoids interface with the City of Chula
Vista MSCP Sub-Area Plan, as all activities are located entirely within developable areas;
however security personnel will monitor the MSCP area to prevent access from the site to the
preserve areas.
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Air QlIHlity.
An air quality technical report was prepared for the project. Project related emissions would
occur from vehicles traveling to the CaRR event site, race vehicle emissions generated during
race events and dust generated by the racing activities. All mining activities associated with the
existing quarry will cease during race events.
The operational impacts associated with the Project would be confined to impacts associated
with automotive traffic from spectators, employees, support vehicles, and the race participants.
The mitigation measures would mitigate short-term operational air quality impacts to below a
level of significance. These measures are included as a part of the Mitigation Monitoring and
Reporting Program, which may include monitoring of this year racing events for future baseline
information relative to a future permanent racetrack in the Rock Mountain Quarry.
WHt"r QlIHlity:
The racing events would involve activities that could result in potential impacts to hydrology and
water quality. During the races, urban runoff from the site has the potential to contribute
pollutants, including oil and grease, suspended solids, metals, gasoline, and pathogens to the
receiving waters. Once the racing event is complete, some portions of the site, including
manufactured slopes, may be exposed and susceptible to erosion. Pollutants of concern
associated with the proposed project are grouped into the following categories: sediments;
metals; oil and grease; trash, debris and floatables; bacteria and viruses; and organic compounds
and oxygen-demanding substances.
In order to address these issues, features have been incorporated into the project design to
minimize water quality impacts. The racetrack has been designed such that runoff would drain
into a treatment BMP and away from the MSCP Preserve, including Otay River and Wolf
Canyon. With project design features, potential impacts to hydrology and water quality may still
occur; however, BMPs would be implemented to mitigate potential impacts to less than
significant levels. The BMPs have been identified in Appendix A and require review and
approval by the Director of Public Works. BMPs identified in Appendix A include, but are not
limited to the following: desilt basins, special drums for containment of waste, trash and
hazardous materials and silt fencing/sand bags.
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The proposed project would involve the transport, storage, and handling of hazardous materials
(gasoline and engine fluids) associated with the proposed activities for a short duration of time.
Potential impacts resulting from exposure to or leaks/spills of hazardous materials may occur;
however, BMPs would be in place that would reduce potential impacts to less than significant.
BMPs include features such as special drums that would serve as self-contained treatment for all
runoff from maintenance bays (pit areas), vehicle and equipment wash areas, bathroom areas, and
trash and material storage areas. Vactor trucks would be used to remove runoff from the
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containment drums and the collected runoff would be disposed of in accordance with City
standards.
Hazardous materials would be placed in an enclosure that prevents contact with runoff or spillage
to the storm water conveyance system. Storage, wash, and maintenance areas for race vehicles
and hazardous materials/waste, as well as restroom areas would be lined with an impervious
material to contain leaks and spills and these areas would (where feasible) have a roof or awning
to minimize direct precipitation within the secondary containment area.
With implementation of the BMPs, the project would not create a significant hazard to the public
or the environment through the routine transport, use, or disposal of hazardous materials, or
create a significant hazard to the public or the environment through reasonably foreseeable upset
and accident conditions involving the release of hazardous materials into the environment.
The project is a temporary use that would not have the ability to impair implementation of or
physically interfere with an adopted emergency response plan or emergency evacuation plan.
Further, the project features include public safety plans and personnel assigned to the events to
further protect public safety during the events.
Because the project is a temporary use and fire equipment and personnel will be present on the
site during the proposed events, the project would not expose people or structures to a significant
risk ofloss, injury or death involving wildland fires.
TrBffir. Control:
The racing events would be accessed via Main Street, Heritage Road, and Energy Way via
Nirvana Road off of Main Street. The proposed events are anticipated to generate up to 7,440
vehicles per day of each event. Based on the additional special event traffic and the potential for
queuing to pay for parking, there is the potential for localized congestion at ingress and egress
points of the project and parking impacts on City roadways during the two weekends.
A Traffic Control Plan is required to be prepared in accordance with City guidelines by the
project applicant and submitted for review and approval by the City Engineer. Elements of the
Traffic Control Plan would include, but not be limited to, a description of the signage, striping,
delineate detours, flagging operations and any other devices which would be used during events
to guide motorists safely to parking locations from public roadways.
The Traffic Control plan would also include provisions for coordinating with local emergency
service providers regarding event times and measures for bicycle lane safety. The Plan would
address parking plans for each parking lot, and would address methods to facilitate collection of
parking fees to minimize queuing on public streets.
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The Traffic Control Plan would ensure that access and traffic flow would be maintained, and that
emergency access would not be restricted. Additionally, the Plan would ensure. that congestion
and temporary delay of traffic resulting from the event and would be of a short-term nature.
Pllhlic Safety:
The race event also has the potential to result in safety hazards associated with accidents during
the race events as well as the police control efforts associated with spectators and traffic control.
Therefore, there will be a temporary increase in demand for police and fire services.
The racetrack will be situated approximately 8-ft. below the grandstands, with IO,OOO-lb.
concrete barriers running along the entire frontage of the grandstand area. In addition, a IO-ft.
high catch fence with steel cables will run the entire length of the grandstand area to protect
spectators.
The Fire Department will have a fully staffed brush engine dedicated to these racing events and
paid for by the applicant. The event security team will furnish the Fire Department and
Ambulance service a means for two-way radio communication during the races. An Emergency
Medical Plan prepared by the applicant's management team will need to be approved by the Fire
Department prior to the first races, as a condition of approval.
The Police Department will also require a Security Plan that shall address all issues regarding on-
site security, traffic, parking, and camping subject to the approval of the Police Chief. The
applicant's management team is meeting with the Police Department's Special Events & Special
Investigations Unit regarding the Security Plan.
Aknhnl1r. Rp.Vp.i:::lep.~:
Sales of alcoholic beverages are again requested for approval as part of this Conditional Use
Permit prior to obtaining the required Alcohol and Beverage Control (ABC) permits. If
approved, the applicant will coordinate the ABC permitting with the Police Department's Special
Events & Special Investigations Unit prior to any sales of alcohol on the project boundary site at
the racing events.
All alcohol sales shall be incorporated within the food vending areas or within segregated "beer
garden" areas. It is recommended that the condition of approval require that the sale of alcoholic
beverages cease prior to the last racing event of each racing day.
CONCLUSION:
Staff recommends approval of the conditional use permit based on the findings and conditions as
noted in the draft City Council resolution. The Director of Planning and Building, City Engineer,
Police Chief and Fire Chief may modify the various plans, such as the Security Plan, Emergency
Medical Plan, and Traffic Control Plan between each of the racing event weekends to address
problems or concerns raised and/or corrections as needed from the previous racing event
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weekends. However, if any unanticipated problems occur, staff will schedule a new public
hearing between each racing event weekend to modify or revoke the Conditional Use Permit.
DECISION MAKER CONFLICT:
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the property that is the subject of this action.
FISCAL IMPACT:
There are no fiscal impacts from the preparation of this report and the processing of the
Conditional Use Permit, since all costs are covered by the applicant's deposit account. The
Traffic Control Plan, Security Plan and the Emergency Medical Plan implementation will require
full recovery cost for all resources needed from the Police and Fire Departments. In addition, the
applicant will provide proof of liability insurance, naming the City of Chula Vista as an insured
party in the amount of $1 0 million.
ATTACHMENTS:
1. Locator Map
2. Planning Commission Resolution PCC07-063
3. Application Documents with Disclosure Statement
4. Mitigated Negative Declaration IS-07-030
5. May 7, 2007 Resource Conservation Committee Action Agenda
6. May 7, 2007 Resource Conservation Committee Minutes
7. Recommendation of the OVRP Off Road Race Sub-Committee
8. May 4, 2007 OVRP Off-Road Race Sub-Committee Meeting Minutes
9. April 26, 2007 Joint Policy Committe~Citizen's Advisory Committee Meeting Minutes
10. April 25, 2007 OVRP Citizen's Advisory Committee Meeting Minutes
11. Comment Letter from Patricia and Michael McCoy, OVRP Committee Member
12. Comment Letters (3) from Frank Ohrmund, OVRP Committee Member
13. Comment Letter from Karen Smith, OVRP Committee Member
14. Comment Letter from Mike Behan, OVRP Committee Member
IS. May 23, 2007 Planning Commission Minutes (Draft)
J:\PLANNINGIHAROLDlPCC-07-063-CCREPORT.DOC
15-13
OlAY
LANDFILL
VILLAGE 4
~ Project Area
_ MSCP Preserve
NORTH
15-14
RESOLUTION NO. PCC-07-063
A RESOLUTION OF THE PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL ADOPT
THE MITIGATED NEGATIVE DECLARATION IS-07-030
AND THE MITIGATION MONITORING PROGRAM, AND
GRANT A CONDITIONAL USE PERMIT FOR A
TEMPORARY OFF-ROAD RACETRACK ON A PORTION
OF OTAY RANCH VILLAGE TWO - JAMES BALDWIN.
WHEREAS, a duly verified application for a conditional use permit was filed with the
City of Chula Vista Planning and Building Department on April 9, 2007 by James Baldwin,
("Applicant"); and
WHEREAS, the application requests permission to conduct off-road racing events on
June 8 - 10 and September 28 - 30, 2007 on a temporary racetrack located on a portion of the
Otay Ranch Rock Mountain Quarry land adjacent to the Otay River Valley, including a portion
of Otay Ranch Village Three for a general public parking area, and the western Active
Recreation Area within the Otay River Valley for an overnight camping area; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act and has conducted an Initial
Study, IS-07-030 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-07-030; and
WHEREAS, the Planning Commission finds that the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program (IS-07-030) has been prepared in accordance
with the requirements of the California Environmental Quality Act (CEQA), and the
Environmental Review Procedures of the City ofChula Vista; and
WHEREAS, the Resource Conservation Committee's (RCC) found that the Mitigated
Negative Declaration was "insufficient" or inadequate and recommended by a vote of (4-2-0-1)
to not recommend adoption of the Mitigated Negative Declaration at their May 7, 2007 meeting;
and
WHEREAS, the Planning Commission set the time and place for a hearing on said
conditional use permit 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 1000 feet of the exterior boundaries of the Project site at least ten days prior to the
hearing; and
15-15
Planning Commission Resolution
PCC-07-063
Page 2
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.
on May 23, 2007, in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed; and
WHEREAS, the Planning Commission considered all reports, evidence, and testimony
presented at the public hearing with respect to subject application.
NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the
Planning Commission, the Commission has determined that the approval of a conditional use
permit is consistent with the City of Chula Vista General Plan and the Otay Ranch General
Development Plan, as well as the Zoning Code, and all other applicable plans so that the public
necessity, convenience, general welfare and good planning practice support the approval.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION
recommends that the City Council adopt the Mitigated Negative Declaration and approved a
resolution granting the conditional use permit in accordance with the [mdings contained in the
attached City Council Resolution.
And that a copy of this resolution be transmitted to the owners of the property and the
City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 23rd day of May, 2007 by the following vote, to-wit:
AYES:
Felber, Tripp, Clayton, Spethman
NOES:
Vinson, Moctezuma, Bensoussan
ABSENT:
ABSTENTIONS:
Bryan Felber, Chair
ATTEST:
Diana Vargas, Secretary
J:IPLANNINGIHAROLD\REsOLUTIONSIPCC-07-063PCREso.DOC
15-16
Planning & Building Department
Planning Division
OTY OF
CHULA VISTA
APPLICATION. DEVELOPMENT PROCESSING. TYPE A
Part 1
Type of Review Requested
129 Conditional Use Permit
D Design Review
o Variance
D Special Use Permit (redevelopment area only)
D Misc.
Application Information
Applicant Name Championship Off-Road Racinq (CaRR)
Appticant Address 610 West Ash Street. Suite 1500. San Dieqo. CA 92101
Contact Name Ranie Hunter Phone 619-234-4050 ext 107
Applicant's Interest in Property (tf applicant is not the owner, th authorization signature at the end of this form is
required to process this request.) [gJ Own 0 Rent 0 Other:
Architect/Agent: Address:
Contact Name: Phone:
Primary contact is: [gJ Applicant 0 Architect/Agent [gJ Email ofprimarycontact:rhunterla>otavranch.com
General Project Description (all types)
Project Name: 2007 CaRR Event Proposed Use: Off-Road Racinq
General Description of Proposed Project: See Attached Exhibit A
Has this project received pre-application review comments? 0 Yes (Date:)
[gJNo
Subject Property Information (all types)
Location/Street Address:2041 Heritaqe Road, Chula Vista. CA 91913
Assessor's Parcel #: see attached Total Acreage: 89 Redevelopment Area (if applicable): N/A
General Plan Designation: OS Zone Designation:N/A
Planned Community (if applicable): Otav Ranch (Portion)
Current Land Use: Reclaimed Rock Quarry Within Montgomery Specific Plan? 0 Yes [gJ No
Proposed Project (all types)
Type of use proposed: 0 Residential DCommercial
Landscape Coverage (% of lot):
o Industrial C8J Other:Temoorarv Special Event
Building Coverage (% of lot):
276 Fourth Avenue Chula Vist19-da],fornia I 91910 I (619) 691-5101
Assessor's Parcel #'s:
. 644-060-06
. 645-030-19
. 644-060-07
. 644-060-08
. 644-060-09
. 644-060-12
. 644-060-11
15-18
APPLICATION . DEVELOPMENT PROCESSING . TYPE A
Part 2
OlY OF
CHUIA VISTA
Residential Project Summary
Type of dwelling unit(s): N/A
Dwelling units:
Number of lots:
PROPOSED
EXISTING
1 Bedroom
2 Bedroom
3+ Bedroom
TOTAL
Density (DU/acre):
Maximum building height:
Minimum lot size:
Average lot size: _
Parking Spaces:
Required by code: Provided:
Type of parking (I.e. size; whether covered, etc.):
Open space description (acres each of private, common, and landscaping):
Non-Residential Project Summary
Gross floor area: N/A Proposed: Existing: N/A Building Height: N/A
Hours of operation (days & hours): Race Dav Schedule: lam to lpm (except FrL 10am to 5pm): Limited
weekdav testino 9am to 5pm. Dates: June 8-10 and September 28-30
Anticipated number of employees: 40 Staff/50 mise vendors Maximum number of employees at anyone
time: 40 Staff
Number and ages of students/children (if applicable): N/A Seating capacity: 10.000
Parking Spaces:
Required by code:. N/A Provided: 1150 Approximately
Type of parking (I.e. size; whether covered, etc.): open field
Authorization
Print applicant name:Ja~es P. Idwin ~
/' M,." 'Ad
Applicant Signature:' . , Fl/L-L/ ~"----'"
Date:
5);)-t/lJ7
Print owner name': . n
Owner Signature'~~ L-- ~
Date:
.~/Ol
276 Fourth Avenue I Chula VistJ ~L;M~ornia I 91910 I (619) 691-5101
~\f?
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.
-
Planning & Building Department
Planning Division I Development Processing
CllY Of
CHULA VISTA
APPLICATION APPENDIX A
Project Description & Justification
Project Name: CORR Race Events
Applicant Name: Championship Off-Road Racinq (CORR)
Please fully describe the proposed project, any and all construction that may be accomplished as a result of
approval of this project, and the project's benefits to yourself, the property, the neighborhood, and the City
of Chula vista. Include any details necessary to adequately explain the scope and/or operation of the
proposed project. You may include any background information and supporting statements regarding the
reasons for, or appropriateness of, the application. Use an addendum sheet if necessary.
For all Conditional Use Permits or Variances, please address the required "findings" as listed in the
Application Procedural Guide.
DESCRIPTION AND JUSTIFICATION: Temporary Championship Off-Road Racinq Event. The proposed
proiect is a temporary off-road racinq event proposed on the reclaimed portion of the Rock Quarry located
adjacent to the Otav River Vallev. a portion of Otav Ranch Villaqe Three (parkinq) and the western Active
Recreation Area within the Otav River Vallev (campinq). The event will occur on two weekends. June 8 _
10 and September 21 - 23. 2007. Site preparation will include installation of qrandstands. securitv liqhtinq
and storm water BMPs. The racinq venue is proposed within the southern portion of the Rock Quarry which
has been reclaimed and is lonqer subject to active mininq operations. Park/nq will occur on aqriculturalland
within a portion of Otav Ranch Villaqe Three. The event area will be fenced. Vehicular entrances to
parkinq lots will be via existinq dirt roads from Main Street and Heritaqe Road. Event sponsors and the Citv
will provide fire, police and emerqencv services. A temporary traffic control plan will be developed to
facilitate arrival and departure from parkinq lot areas. Ovemiqht campinq is proposed within a 27 acre
parcel desiqnated for "Active Recreation" within the MSCP and Otav Vallev Reqional Park Concept Plan.
Races will occur durinq daytime hours. Temporary niqht liqhtinq will be provided. Permits will be required to
address non-storm water discharqes. The project requires a Conditional Use Permit.
276 Fourth Avenue I Chula Vistl ~~lIrornia I 91910 I (619) 691-5101
Planning & Building Department
Planning Division I Development Processing
CllY Of
(HULA VISTA
Disclosure Statement
APPLICATION APPENDIX B
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by
the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain
ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must
be filed. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
Jim Baldwin
Rimrock Quarrv
2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation/partnership) entity.
Jim Baldwin
3. If any person' identified pursuant to (1) above is a non-profit organization or trust, list the names of
any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of
the trust.
N/A
4. Please identify every person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter.
Kim John Kilkennv Ranie Hunter
Rob Cameron Lex Williman
Kent Aden
5. Has any person' associated with this contract had any financial dealings with an official" of the City
of Chula Vista as it relates to this contract within the past 12 months. Yes D- No I81-
If Yes, briefly describe the nature of the financial interest the official" may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council? No ~ Yes 0 If yes, which Council Member?
276 Fourth Avenue I Chula Vista' P'C~ilornia I 91910 I (619) 691-5101
Planning & Building Department
Planning Division I Development Processing
CllY OF
CHUlA VISTA
APPLICATION APPENDIX B
Disclosure Statement - Page 2
7. Have you provided more than $340 (or an item of equivalent value) to an official.. of the City of Chula
Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal
debt, gift, loan, etc.) Yes D-- No ~
If Yes, which official** and what was the nature of item provided?
Date: March 28. 2007
~~
" I
. / 2/)tL0 /
Signature of Contractor/Applicant
Ranie Hunter
Print or type name of Contractor/Applicant
.
Person is defined as: any individual, firm, co-partnership, jOint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city,
municipality, district, or other political subdivision, -or any other group or combination acting as a
unit.
**
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of
a board, commission, or committee of the City, employee, or staff members.
276 Fourth Avenue I Chula Vista1PC,;!i!l,rnia I 91910 I (619) 691-5101
~l~
-tJ-
~- :
CllY Of
(HUlA VISTA
Planning & Building Department
Planning Division I Development Processing
Development Permit Processing Agreement
APPLICATION APPENDIX C
Permit Applicant:
Applicant's Address:
Type of Permit:
Agreement Date:
Deposit Amount:
James P. Baldwin
610 West Ash Street. Suite 1500. San DieQo. CA 92101
Conditional Use Permit Temp.
This Agreement ("Agreement") between the City of Chula Vista, a chartered municipal corporation ("City") and the
forenamed applicant for a development permit ("Applicant"), effective as of the Agreement Date set forth above, is made
with reference to the following facts:
Whereas, Applicant has applied to the City for a permit of the type aforereferenced ("Permit") which the City has
required to be obtained as a condition to permitting Applicant to develop a parcel of property; and,
Whereas, the City will incur expenses in order to process said permit through the various departments and before
the various boards and commissions of the City ("Processing Services"); and,
Whereas the purpose of this agreement is to reimburse the City for all expenses it will incur in connection with
providing the Processing Services;
Now, therefore, the parties do hereby agree, in exchange for the mutual promises herein contained, as follows:
1. Applicant's Duty to Pay.
Applicant shall pay all of City's expenses incurred in providing Processing Services related to Applicant's Permit, including
all of City's direct and overhead costs related thereto. This duty of Applicant shall be referred to herein as "Applicant's
Duty to Pay."
1. 1. Applicant's Deposit Duty.
As partial performance of Applicant's Duty to Pay, Applicant shall deposit the amount aforereferenced ("Deposit").
1.1.1. City shall charge its lawful expenses incurred in providing Processing Services against
Applicant's Deposit. If, after the conclusion of processing Applicant's Permit, any portion of the
Deposit remains, City shall return said balance to Applicant without interest thereon. If, during the
processing of Applicant's Permit, the amount of the Deposit becomes exhausted. or is imminently
likely to become exhausted in the opinion of the e City. upon notice of same by City, Applicant
shall forthwith provide such additional deposit as City shall calculate as reasonably necessary to
continue Processing Services. The duty of Applicant to initially deposit and to supplement said
deposit as herein required shall be known as "Applicant's Deposit Duty".
2. City's Duty.
City shall. upon the condition that Applicant is no in breach of Applicant's Duty to Payor Applicant's Deposit Duty,
use good faith to provide processing services in relation to Applicant's Permit application.
2,1. City shall have no liability hereunder to Applicant for the failure to process Applicant's Permit application, or for
failure to process Applicant's Permit within the time frame requested by Applicant or estimated by City.
276 Fourth Avenue I Chula Vista !j~~ornia I 91910 I (619) 691-5101
~\~
-r-
.
Planning & Building Department
Planning Division I Development Processing
ON OF
(HULA VISfA
Development Permit Processing Agreement - Page 2
2.2. By execution of this agreement Applicant shall have no right to the Permit for which Applicant has applied.
City shall use its discretion in valuating Applicant's Permit Application without regard to Applicant's promise to pay for the
Processing Services, or the execution of the Agreement.
3. Remedies.
3.1 . Suspension of Processing
In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has the
right to suspend and/or withhold the processing of the Permit which is the subject matter of this Agreement, as well as the
Permit which may be the subject matter of any other Permit which Applicant has before the City.
3.2. Civil Collection
In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has the
right to collect all sums which are or may become due hereunder by civil action, and upon instituting litigation to collect
same, the prevailing party shall be entitled to reasonable attorney's fees and costs.
4. Miscellaneous.
4.1 Notices.
All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in
writing. All notices, demands and requests to be sent to any party shall be deemed to have been properiy given or served
if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or
certified, with return receipt requested at the addresses identified adjacent to the signatures of the parties represented.
4.2 Governing LawNenue.
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
Any action arising under or relating to this Agreement shall be brought only in the federal or state courts iocated in San
Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this
Agreement, and performance hereunder, shall be the City of Chula Vista.
4.3. Multiple Signatories.
If there are multiple signatories to this agreement on behalf of Applicant, each of such signatories shall be
jointly and severally liable for the performance of Applicant's duties herein set forth.
4.4. Signatory Authority.
This signatory to this agreement hereby warrants and represents that he is the duly designated agent for the
Applicant and has been duly authorized by the Appiicant to execute this Agreement on behalf of the Applicant. Signatory
shall be personally liable for Applicant's Duty to Pay and Applicant's Duty to Deposit in the event he has not been
authorized to execute this Agreement by Applicant.
4.5 Hold Harmless.
Applicant shall defend,indemnify and hold harmless the City, its elected and appointed officers and
employees, from and against any claims, suits, actions or proceedings, judicial or administrative, for writs, orders,
injunction or other relief, damages, liability, cost and expense (including without limitation attorneys' fees) arising out of
City's actions in processing or issuing Applicant's Permit, or in exercising any discretion related thereto including but not
limited to the giving of proper environmental review, the holding of public hearings, the extension of due process rights,
except only for those claims, suits, actions or proceedings arising from the sole negligence or sole willful conduct of the
City, its officers, or employees known to, but not objected to, by the Applicant. Applicant's indemnification shall include
any and all costs, expenses, attorney's fees and liability incurred by the City, its officers, agents, or employees in
defending against such claims, whether the same proceed to judgement or not. Further, Applicant, at its own expense,
shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or
employees. Applicant's indemnification of City shall not be limited by any prior or subsequent declaration by the
276 Fourth Avenue I Chula Vistl &~ornia I 91910 (619) 691-5101
Planning & Building Department
Planning Division I Development Processing
OlY Of
CHUlA VISTA
Development Permit Processing Agreement - Page 3
Applicant. At its sole discretion, the City may participate at its own expense in the defense of any such action, but such
participation shall not relieve the applicant of any obligation imposed by this condition.
4.6 Administrative Claims Requirements and Procedures.
No suit or arbitration shall be brought arising out of this agreement against the City unless a claim has first
been presented in writing and filed with the City of Chula Vista and acted upon by the City of Chula Vista in accordance
with the procedures set forth in Chapter 1 .34 of the Chula Vista Municipal Code, as same may from time to time be
amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and
procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in
good faith with City for the purpose of resoiving any dispute over the terms of this Agreement.
Now therefore, the parties hereto, having read and understood the terms and conditions of this agreement, do hereby
express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto.
Dated:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA
By:
Dated: March 28. 2007 James P. Baldwin
~.. 610 West Ash Street. Suite 1500
. / ..' ~ San DieQo. CA 92101
By: f / ~
276 Fourth Avenue I Chula Vista1 PC2l~rnia I 91910 I (619) 691-5101
c
lli""'C!IA!M>IONSHIP
"~.~~ RACING Chula Vista International RaCilway
15-26
Mitigated Negative Declaration
PROJECT NAME:
Conditional Use Permit for Temporary
Championship Off-Road Race 2007
PROJECT LOCATION:
East of the existing terminus of Main Street, east of
Heritage Road
ASSESSOR'S PARCEL NO.:
644-030-19-00, 644-060-06-00, 644-060-07-00,
644-060-08-00,644-060-09-00,644-060-12-00
PROJECT APPLICANT:
James P. Baldwin
CASE NO.:
IS-07 -030
DATE OF DRAFT DOCUMENT:
April 2Q+, 2007
DATE OF RESOURCE
CONSERVATION COMMISSION
MEETING:
Mav 7, 2007
DATE OF FINAL DOCUMENT:
Mav 29, 2007
PREPARED BY:
Glen Laube, Environmental Projects Manager
Revisions made to this document subsequent to the issuance ofthe Notice of Availability of
the draft Mitil!:ated Nel!:ative Declaration are denoted bv underline.
A. BACKGROUND
As described in detail in Section B below, the proposed project is the temporary use--feF
Cllampionshijl Off road Raeing (CORR), _of a portion of the Otav Ranch Pit Rock Quarry
located adjacent to the Otay River Valley, a portion of Otay Ranch Village Three (parking), and
a portion of the western Active Recreation Area within the Otay River Valley (eampiHg) for the
2007 Championship Off-road Racing (CORR) event. CORR was held on the Village Two and
Four project sites for the 2005 and 2006 temporary race events, subject to Conditional Use
Permits (CUP) for those events.
This Mitigated Negative Declaration MN9--(hereinafter referred to as MND IS-07-030) evaluates
the potential environmental effects from site preparation, off-road racing and post-racing
activities associated with the proposed two-weekend 2007 race events. This MND has been
Page I of37~ I
15-27
prepared by the City as the lead agency and in conformance with g15070, subsection (a), of the
State CEQA Guidelines.
B. PROJECT DESCRIPTION
The proposed project is a temporary event involving off-road racing on the portion of the Rock
Quarry located adjacent to the Otay River Valley, a portion of Otay Ranch Village Three
(parking) and the western Active Recreation Area within the Otay River Valley (camping)
(Figures 1 and 2). The event will occur over two, non-consecutive weekends, June 8 - 10 and
September 28 - 30, 2007. Site preparation will include installation of grandstands, security
lighting and fencing, mange bie fencing (orange bio fencing, chain-link, three-strand) to restrict
access to the City's MSCP Preserve, signage for sensitive habitat areas, and storm water BMPs.
The racing venue is proposed within the southern portion of the Otav Ranch Pit Rock Quarry
which is no longer subject to resource extraction operations. Parking will occur on agricultural
land within a portion of Otay Ranch Village Three. Vehicular entrances to parking lots will be
via existing dirt roads from Main Street, Heritage Road, and Energy Way. Event sponsors and
the City will provide fire, police and emergency services. A temporary traffic control plan will
be developed to facilitate arrival and departure from parking lot areas. Overnight camping is
proposed within a 27-acre parcel designated for "Active Recreation" within the City's General
Plan. Races will occur during daytime hours only; however, temporary night lighting will be
provided for security purposes. Permits will be required to address non-storm water discharges.
The project requires a Conditional Use Permit.
Event-related activities include:
1. Races on Saturdays and Sundays of event weekends.
2. Pre-race track trials and qualifications (Friday before event weekends)
3. Friday through Sunday overnight camping for race participants and event attendees on
event weekends.
4. Event Parking.
5. Nighttime security lighting.
6. Limited fire works.
7. Live music before, during and after race events.
The site layout and orientation of uses for the proposed CORR are graphically depicted on
Figure 3. The site plan includes a temporary racetrack, standslbleachers for spectators, food
areas, pit areas for race participants, a camping area, and parking areas. The project proposes to
include structural elements to provide sound attenuation, including, but not limited to,
installation of plywood to the back of the grandstands. The plywood barrier would be mounted
on the back of foill grandstand structures, each measuring 234 feet in width and 60 feet in height.
The thickness of the plywood would be a minimum Yz inch. The project also includes fencing to
provide security and to avoid unauthorized access to adjacent Preserve areas. The location of
sound attenuation elements and fencing are also shown on Figure 3.
Page 2 of37
15-28
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Camp
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8
Championship Off-Road Race MND I FIGURE I
Regional Map 1
15-29
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Championship Off.Road Race MND I FIG~RE I
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Additional noise attenuation is provided by existing terrain/topography on the north and east
sides of the track area. Specifically, an approximate 15 foot-high shear rock face separates the
track from the adjacent open space areas located to the east.
It should be noted that quarry operations are ongoing within the boundaries of and pursuant to an
approved Reclamation Plan under the California Surface Mining and Reclamation Act. Grading
and leveling of the track is being conducted under the Reclamation Plan and is not subject to
additional environmental review or approvals by the City of Chula Vista. As noted above, site
preparation that is considered part of the use that is subject to the CUP includes installation of
grandstands, security lighting and fencing, ofange l3io fencing (orange bio fencing. chain-link.
three-strand) to restrict access to the City's MSCP Preserve, signage for sensitive habitat areas,
and storm water BMPs. Also, this MND addresses all activities that are associated with the race
operation, including the use of the track that is created under separate permits.
CORR Access and Parkin!!
It is anticipated that the CORR event will draw approximately 10,000 spectators per day from the
San Diego County region. Freeway access to the CORR event will be from the Main Street
interchange at 1-805, located approximately two miles to the west. Entrances into the race area
will be provided from Wiley Road, which is the existing quarry access road, and Energy Way
located within the industrial area south of the Otay Landfill.
A total of 7,440 parking spaces will be provided in the designated parking area within Village
Three. Access to the Village Three parking area will be provided Energy Road to the west. A
shuttle will be provided to transport patrons from the camping area to the track area. The Village
Three parking area is on agricultural land that has been mowed. By maintaining the root
structure, dust will be minimized in these areas, and agricultural activities can resume after the
last CORR event.
Access to the parking area in Village Three will require minor modifications to the cul-de-sac
located at the eastern terminus of Energy Way. Modifications to the Energy Way cul-de-sac
include temporary replacement of the existing curb and chain link fence with asphalt driveway
an ancillary BMPs including but not limited to crushed gravel and/or "rumble plates".
Temporary BMP to be employed at this location are further detailed in the project's Storm Water
Pollution Prevention Plan (SWPPP).
No race-event parking will be permitted in non-designated areas. Race-event staff members will
be positioned to direct race spectators into designated parking areas. Parking will be prohibited
along Wiley Road, east of Main Street with the exception of the designated VIP parking areas
located within the southwestern area of the existing quarry site that are currently used for
transport staging and weigh-in (i.e., scales area).
Access to the camping area will be provided via an existing dirt road located off existing
Heritage Road. From the camping area, race patrons will be shuttled across the Otay River via an
existing, elevated easement road. Pedestrian access through Wolf Canyon and across the Otay
River will be prohibited and monitored by on-site security staff.
Page 6 of37
15-32
Site Preparation Phase
Site preparation activities associated with site preparation involve minor leveling of the track and
other previously graded areas, mowing of previously mowed areas, set up for the pit area for race
crews, spectator stands and food service areas, and installation of Best Management Practices
(BMPs) to control erosion and sediment transport and to contain hazardous material storage
areas. As noted previously, the track and surrounding areas within the boundary of the
Reclamation Plan will be gradedllcvccElleveled as part of the reclamation activities of the
existing quarry.
Existing dirt access roads off of Main Street will provide access to VIP parking areas and the
race event area. No new grading will be required for the access roads. Watering of the access
roads and all cleared areas will occur throughout site preparation to minimize dust emissions.
Gravel may also be laid down at transition areas from dirt to paved surfaces to reduce dust.
The maintenance area for race vehicles (pit areas) will be located to the west of the racetrack
(Figure 3). These areas, as well as the storage area for hazardous materials/waste and restroom
areas, will be lined with an impervious material to prevent spills and potential leakage of
automobile fluids and other materials into the ground or any waterways. In addition, any
storage, handling or disposal of hazardous materials/waste will be in accordance with local, state
and federal laws.
Because the CaRR event is temporary, no permanent utilities will be constructed. Generators for
lighting and electricity will be brought onto the site, as well as portable restrooms facilities and
water. Temporary standslbleachers and any equipment needed for the spectator and
entertainment areas will also be provided by the event sponsor.
Installation BMPs as described in the SWPPP for the project will be required during site
preparation. The BMPs are required to control erosion, stabilize manufactured slopes, reduce
site runoff and protect water quality. The required BMPs for this phase are described in
Attachment A, Implementation of Best Management Practices for Storm Water Pollution
Prevention at the Otay Ranch Championship Race Track Site. The specified BMPs will require
approval by the Director of Public Works and will be monitored throughout the event.
Race Event Phase
Race events will occur over two, non-consecutive weekends, June 8-10 and September 28-30.
Race event hours will be generally from 7 a.m. to 7 p.m. on Saturdays and Sundays. Practices
will occur on the Fridays before the event from 10 a.m. to 4 p.m. Actual racing on the weekend
will begin during a one-hour practice session from 9:30 to 10:30am. On the race event days, up
to six races will be held each day of the event. The last race will conclude at approximately 3
p.m. Limited non-racing weekday activities would involve registration and technical inspections.
The CUP will require that no race car engines shall be operated before 8 a.m. and no racing on
the track will occur before 9:30 a.m.
Page 7 of37
15-33
No helicopter flights are proposed in conjunction with the race events.
Post race events may include an awards ceremony, which will conclude at sunset. Loud speakers,
microphones and other audio-visual equipment will be provided to announce races. Night
lighting for security purposes will be limited to the pit area, overnight camping and vendor
staging areas. Live music will occur throughout the race event however.. Nno nighttime
concerts are proposed.
Overnight camping will be permitted for event attendees (up to 150 camping spaces). The
camping area would consist of 27.2 acres and would be located southeast of the proposed race
track within the designated Active Recreation Areas of the Otay River Valley. Security will be
provided in the camping area from the end of the last race to 7 a.m. the following day. Use of
the track after the frnal race will not be permitted. Security staff will have cell phones and will
have direct access to City of Chula Vista Police Department. Specifrc requirements for onsite
security will be outlined in the Security Plan to be prepared by the applicant and approved by the
Chief of Police.
During the time in-between the weekend race events, the race areas will be closed off to the
public. The safety/security plan prepared for the project will require that the gate surrounding
the race areas is locked. During the weekend race events, access to the race areas would also be
locked after race activities have ceased for the day, and access to the site will only be pennitted
for race participants, crew members, and security staff. Racing events will not be held if it rains.
Race participants will arrive on the Wednesday before the race events. Equipment, race vehicles
and some race participants/crews will remain onsite for the duration of the weekend race event.
Security, frre and medical services will be provided on each weekend of the CORR events. The
event sponsors will have security personnel onsite, at entrances and other offsite locations, as
needed. The City of Chula Vista Police Department will provide supplementary law enforcement
services. In addition, the City of Chula Vista Fire Department and an emergency medical service
provider will be available in case of medical emergencies. A security plan and emergency
medical plan will be prepared by the project applicant and will be approved by the City Police
and Fire Departments, respectively, prior to the start of the race events. In addition, a traffic
control plan will be developed to facilitate arrival and departure from the event and will require
approval by the City Police Chief and City Engineer prior to the start of race events.
Maintenance of racing vehicles will occur within the designated pit areas. Maintenance may
include refueling, mounting racing wheels, and checking/refrlling of fluids. General clean-up
and trash pick-up of the pit area, spectator stands, food/beverage area and parking lots will occur
on a daily basis. Access roads, parking lots and the race track will be watered to minimize dust
emiSSIOns.
Installation BMPs as described in the SWPPP will be required during the race events. The
BMPs are required to provide containment of hazardous materials storage areas, deter seepage of
potentially toxic substances into the soil, minimize sediment transport off-site, control dust,
minimize site runoff, prevent trash from entering the MSCP Preserve area and protect water
Page 8 of37
15-34
quality. The required BMPs for this phase are described in Attachment A, Implementation of
Best Management Practices for Storm Water Pollution Prevention at the Otay Ranch
Championship Race Track Site. The specified BMPs will require approval by the Director of
Public Works.
Post Race Event Phase
Post-event activities essentially consist of site clean up and soil stabilization of exposed slopes.
All trash and debris generated by the proposed project will be removed. All temporary
structures, stands, bleachers, canopies, portable restroom facilities, and power generators will be
disassembled and removed from the site within two-weeks following the September 2007 race
event. Any containers with hazardous materials/waste will be properly disposed of in
accordance with local, state, and federal laws.
Installation BMPs as described in the SWPPP will be required during the post-race event phase.
The BMPs are required to minimize site runoff, protect water quality and encourage revegetation
of manufactured slopes and graded areas. The required BMPs for this phase are described in
Attachment A, Implementation of Best Management Practices for Storm Water Pollution
Prevention at the Otay Ranch Championship Race Track Site. The specified BMPs will require
approval by the Director of Public Works.
BMPs that provide for erosion control and reduction of sediment transport into drainages,
including desilt basins and silt fencing, will remain in place.
Discretionarv Actions/Other Proiect Approvals
A Conditional Use Permit (CUP) will be required to conduct the proposed CORR events. The
following additional approvals will be required in order to implement the proposed project.
.
City of Chula Vista Engineering: approval of BMPs and traffic control plan;
}\meaemellt to ChHla Vista MliRieipal Cede (CYMC) Chapter 5.11.Hll, for allewaaee sf I
yehieleG with ifiteFll.lll eeml3HstieR eagines
City of Chula Vista Police Department: approval of security plan and traffic control plan; and
City of Chula Vista Fire Department: approval of emergency medical plan.
.
.
.
C. PROJECT SETTING
The proposed project site is located within a portion of Otay Ranch, in southern San Diego
County, California (Figure 1). Specifically, the project area occupies a total of approximately
150 acres east of the location where Main Street turns into the alignment of Heritage Road, in the
City of Chula Vista as shown in Figure 2. The existing quarry access road generally forms the
southern border of the proposed track/pit/grandstand area, with the Otay River located adjacent
to the south of the track area, and Wolf Canyon to the west of the track area. The existing site
conditions consist of land that has been fully disturbed by ongoing aggregate mining and
processing operations. Current mining operations include rock drilling, blasting, resource
extraction and processing, stockpiling of construction aggregate and waste products, and
transportation of processed materials from the site to serve the market.
Page 9 of37
15-35
The CORR racetrack, location of parking areas and other uses associated with the proposed
project were intentionally sited and designed with fully disturbed areas in order to avoid any
direct impacts to sensitive biological resources. The CORR track, pit area, spectator stands,
foodlbeverage area, camping area, restrooms and VIP parking areas, consist of previously
disturbed areas associated with previous surface mining activities and are located within the
boundary of the existing reclamation plan (refer to Figure 4). The southern portion of the
project, including portions of the pit and vender areas, is located within an area designated as
Preserve within the City's MSCP Subarea Plan. It's important to note that this area was
previously disturbed as a result of an unauthorized encroachment by a former quarry operator.
Subsequent to the encroachment, the existing quarry's reclamation plan was amended to include
a conceptual restoration plan to restore this area back to a level consistent with the adjacent
undisturbed Preserve areas to the south. In accordance with the quarry's approved reclamation
plan, the reclamation of this area back to Preserve is scheduled to occur sometime within the
next 25 years.
Surrounding land uses include the active portion of the Otay Ranch Quarry to the immediate
north and open space/Preserve areas to the immediate east, south, and west. Land uses within the
general vicinity of the project site include Otay Ranch Village Three and the Otay Landfill to the
northwest, developed residential uses within the City of San Diego to the south, and the Coors
Amphitheater and Knott's Soak City Water Park to the southwest.
D. PRIOR APPROVALS AND ENVIRONMENTAL DOCUMENTATION
Otav Ranch General Development PlanlSubrelrlonal Plan Proeram EIR
The Final Program Environmental Impact Report (Program EIR #90-01) for Otay Ranch General
Development Plan/Subregional Plan (GDP/SRP) was prepared and certified jointly by the City of
Chula Vista and County of San Diego. The Program EIR 90-01 addresses the environmental
impacts of implementation of the Otay Ranch GPNGDP/SRP and related documents, which
include Facility Implementation Plans, a Village Phasing Plan, Phase One Resource
Management Plan (RMP), and a Service/Revenue Plan. As part of Program EIR 90-01, a
Mitigation Monitoring and Reporting Program (MMRP) was prepared to define implementation
of the mitigation measures described in the Program EIR. The Otay R-aaea GDP/SRP E!esigHates
the site for reGiscRtial anE! miRes Hoe E!eyelepmcRt. Relative to the project site, the Program EIR
identified significant noise, biological resources, air quality, geology, cultural resources,
paleontological resources and cumulative agricultural resource impacts associated with build-out
of the site in accordance with the GDP.
Villaee Two. Three and Four (portion) SPA Plan and TM Second Tier EIR
The primary parking area for the CORR event is located within the Otay Ranch Village Three
planning area. In accordance with the General Plan and Otay Ranch GDP, the site (as part of
Village Three) is planned for industrial and open space uses.
Page 100f37
15-36
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A SPA Plan has been prepared for Otay Ranch Villages Two, Three and portion of Village Four.
A fmal EIR was certified for the proposed SPA and TM (EIR #02-02), on May 23,2006. The
EIR addresses buildout of Village Three in accordance with the SPA. Industrial uses are planned
for the subject CORR event parking area. The EIR identified the following environmental issue
areas as significant and unrnitigable: Relative to the project site, this Second Tier EIR identified
significant noise, biological resources, air quality, geology, cultural resources, paleolontological
resources and cumulative agricultural resource impacts associated with build-out of the site.
Mitigation measures were provided to reduce impacts to these resources.
Issues addressed in the EIR that are relevant to the proposed action include potential impacts
associated with air quality, and geology and soils. In addition, data from biological surveys for
this project were used to address biological impacts for the proposed 2007 CORR events.
Hanson Aszszreszates Pacific Southwest. Inc.. Otav Ranch Pit Amended Reclamation Plan.
MND
The VIP parking area, pit area, track, and grandstands are fully located within the existing
boundaries of the Otay Ranch Quarry Reclamation Plan. In April 2006, the State Mining and
Geology Board prepared an MND that evaluated an amendment to the sites original reclamation
plan approved by the County of San Diego in 1980 (RP79-09). The amendments included
adjusting limits of the active quarry operations to include areas that were disturbed by a former
quarry operator as a result of on-going extraction operations. The proposed amendments revised
the current reclamation plan boundaries to include approximately 38 acres of fully disturbed land
and subtract approximately 29 acres of undisturbed land located within adjacent Wolf Canyon.
Additionally, the proposed reclamation plan included a revised termination date for surface
mining operations, identified a post mining land use, established monitoring criteria for mining
operations, and provided a conceptual landscape/restoration plan and phasing for implementing
the ultimate reclamation design. The MND addressed impacts associated with cultural resources,
hazards and hazardous materials, and found them to be significant but mitigable.
E. COMPLIANCE WITH ZONING AND PLANS
City of Chula Vista General Plan
The City of Chula Vista updated its General Plan in December 2005. General Plan land use
designations on the project site include Industrial (Parking Areas), Open Space Active
Recreation (Camping Areas), and Open Space (Non-Preserve), (Track Area). Because the use is
temporary and subject to a Conditional Use Permit, a consistency determination relative to
General Plan land use designations is not applicable. However, the Open Space Active
Recreation designation includes outdoor campgrounds as one of the intended uses within these
areas. In addition, Parking is an allowable use within Industrial use designated areas.
Page 12 of37
15-38
Otav Vallev Relrlonal Park Concept Plan
The Otay Valley Regional Park (OVRP) Concept Plan was adopted in July 1997 by the Cities of
San Diego and Chula Vista, and the County of San Diego. The OVRP identifies active
recreation areas that are not a part of the Preserve, but are surrounded by Preserve areas. The
OVRP Concept Plan does not change existing zoning or planned land uses, or add new
development regulations, nor does it preclude private development in designated recreation areas
consistent with existing zoning or planned land uses. The proposed proj ect is a temporary use
and would not prohibit future planning or use of the area, as contemplated in the OVRP.
Otav Ranch General Development Plan
The GDP identifies development of the Otay Ranch in a series of IS Villages and 5 Planning
Areas. These Villages and Planning Areas combined would allow approximately 13,000 single-
family residential dwelling units and approximately 11,000 multi-family units. As mitigation for
impacts to sensitive biological resources within the proposed development areas of the Otay
Ranch, a Resource Management Preserve ("Preserve") was identified. The Preserve and
associated policies and requirements related to biological resources protection are outlined in the
Resource Management Plan, Phases I and 2, as further described below. Areas within the
Preserve were assigned a land use designation of Open Space in the GDP/SRP. The proposed
project includes land designated for industrial use in Village Three, Open Space Active
Recreation, and "Not a Part" (the boundaries of the parcel containing the rock quarry). Because
the use is temporary and subject to a Conditional Use Permit, a consistency determination
relative to General Development Plan land use designations is not applicable. However, the
Open Space Active Recreation designation includes outdoor campgrounds as one of the intended
uses within these areas. In addition, Parking is an allowable use within Industrial use designated
areas.
Otav Ranch Resource Manae:ement Plan (Phase 1 and 2)
In addition to the General Development Plan, the Otay Ranch planning documents include the
Resource Management Plan (RMP), Phases I and 2 (adopted October 28, 1993 and June 4, 1996,
respectively). The goal of the Otay Ranch RMP is to establish a permanent preserve within Otay
Ranch to protect and enhance biological, paleontological, cultural and scenic resources; maintain
biological diversity, and promote the survival and recovery of native species and habitats. The
RMP Phase I ("RMPI") was adopted by the County of San Diego and the City of Chula Vista,
concurrent with approval of the Otay Ranch GDP/SRP. The RMPI provides general biological
information and establishes overall Preserve conservation and management goals. The RMPI
also provides performance standards for preservation of biological resources. The RMP Phase 2
("RMP2") provides detailed biological studies, specific plans and programs for habitat
management, and a habitat conveyance plan. As development occurs in Otay Ranch, habitat is
conveyed to the City and the County with an undivided interest. The RMP2 establishes a habitat
conveyance schedule, requiring that 1.188 acres of habitat is to be conveyed for each acre ofland
developed. The proposed project will not be required to convey preserve land, primarily because
it is not a permanent use, and conveyance of preserve land would be triggered by final maps
associated with a development project. Also, it should be noted that the portions of the project
Page 13 of37
15-39
located in the area identified as "not a part" in the Otay Ranch GDP and RMP would not be
subject to any of the requirements of the RMP or GDP, including conveyance requirements.
An important part of the RMPl is the creation of the Otay Ranch Preserve. The Otay Ranch
Preserve is a "hard-line" preserve (indicating that all of the areas designated as Preserve would
be set aside for resource conservation purposes). The Otay Ranch Preserve includes
approximately 11,375 acres of land to be set-aside as mitigation for impacts to sensitive
resources resulting from Otay Ranch development that will occur both within the City and in the
County. The Otay Ranch Preserve has been designed and is proposed to be managed specifically
for protection and enhancement of multiple species present on Otay Ranch. These conservation
lands will also serve to connect large areas of open space through a series of wildlife corridors.
Portions of the project are proposed within the RMP Preserve (Camping Area), and portions are
within areas designated as development (Track Area and Parking Area). The RMP identifies
active recreation use within portions of the Preserve designated areas of the Otay River Valley
(Camping Area), consistent with the GDP. The proposed camping use is consistent with the
active recreation designation for the area within which it is proposed, but as noted previously, all
of the proposed uses are temporary and would not preclude implementation of the RMP.
Otav Ranch Pit Reclamation Plan
The Otay Ranch Pit Reclamation Plan was prepared in accordance with the Surface Mining and
Reclamation Act (SMARA) of 1975. The reclamation plan details (1) the beginning and
expected ending dates for each phase of mining activities; (2) all reclamation activities required;
(3) criteria for measuring completion of specific reclamation activities; and (4) estimated costs
for completion of each phase of reclamation. The total land area included in the adopted
reclamation plan totals 157.7 acres. As described in the reclamation plan, the ultimate
reclamation of the quarry would occur in a manner that would facilitate future development
within this area consistent with the City's General Plan. Additionally, the adopted reclamation
plan includes a biological restoration plan designed to reclaim previously disturbed Preserve
areas back to a level consistent with the surrounding undisturbed open space Preserve areas.
Reclamation of the disturbed Preserve areas is not scheduled to occur until the completion of
extraction activities associated with Sub-phase 5.3 and Sub-phase 5.4, respectively, which is
approximately 25 years from present. Given the temporary, short-term nature of the project, no
adverse impacts are anticipated that would prevent the ultimate reclamation of this site as
detailed in the currently approved reclamation plan RP 79-09.
ZoniD!!
Current zoning for the site is Planned Community (PC). The proposed CORR event is allowed
subject approval of a CUP by the City Council as provided for in the Unclassified Use Section
19.54 of the Municipal Code. Because the use is temporary, it will not require amendments to
the Chula Vista General Plan, or the Otay Ranch GDP.
Page 14 of37
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City of Chula Vista Multiple Species Conservation Prol!:ram Subarea Plan
The Multiple Species Conservation Program (MSCP) Subarea Plan was prepared by the City of
Chula Vista in coordination with the Federal and State Regulatory agencies in order to
implement the MSCP Subregional Plan within the City of Chula Vista. The City Council
adopted the MSCP Subarea Plan on May 13,2003. Subsequently, the Wildlife Agencies issued
the City a Take Permit and signed the Implementing Agreement granting the City Take
Authorization on January 11,2005.
The existing quarry site is recognized by the City's MSCP Subarea Plan as a legal, non-
conforming use, in operation at the time the underlying zone was established. As such, existing
mining activities have continued to operate under legally existing permits. Potential indirect
impacts to the City's MSCP Subarea Plan are discussed below in Section F.
F. PUBLIC COMMENTS
On April 9, 2007, a Notice of Initial Study was circulated to property owners and residents
within a 500-foot radius of the proposed project site. The notice period ended April 19, 2007.
Four written comments were received during the 10-dav public review of the NO!. Comments
received raised concerns regarding noise impacts, impacts air quality, impacts water qualitv,
impacts to biological resources, impacts cultural resources, public services, site access,
consistency with the City's Multiple Species Conservation Program (MSCP) Subarea Plan
Preserve and Otav Ranch Resource Management Plan (RMPl. and consistency with the Otav
Vallev Regional Park (OVRP) Concept Plan.
On April 20, 2007 a Notice of Availabilitv of the Proposed Mitigated Negative Declaration for
the proiect was posted in the County Clerk's Office and circulated to property owners and
residents within a 500-foot radius of the proiect site as well as adiacent businesses. property
owners, and tenants along Nirvana Avenue and Energv Way, who are located beyond the 500-
foot radius. The 30-dav public comment period closed on Mav 21. 2007. Comment letters were
received from the public and from the Sierra Club. County of San Diego, and U.S. Fish and
Wildlife Service I California Department of Fish and Game (Wildlife Agencies). The issues
raised involved noise impacts, impacts air quality. impacts water quality. impacts to biological
resources, impacts cultural resources. public services, site access. consistency with the City's
Multiple Species Conservation Program (MSCP) Subarea Plan Preserve and Otav Ranch
Resource Management Plan (RMP), and consistency with the Otav Vallev Regional Park
(OVRP) Concept Plan. The issues raised in these letters have been addressed in the Mitigated
Negative Declaration and attached checklist. as well as in the attached response to comments
(Attachment "B").
Page 15 of 37
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G. IDENTIFICATION OF ENVIRONMENTAL EFFECTS
The City of Chula Vista determined that the proposed project would have significant
environmental effects (see the Environmental Checklist included in this MND). All of these
effects have been mitigated to below significance by project design or mitigation measures (see
Section H and the attached MMRP). The preparation of an Environmental Impact Report will not
be required. This Mitigated Negative Declaration has been prepared in accordance with Section
15070 of the State CEQA Guidelines.
Aesthetics
The proposed project would occur over two non-consecutive weekends and does not propose any
permanent structures or improvements. The total area that would be used by the proposed event
activities encompasses approximately 154 acres, of which 35.6 acres have already been disturbed
through mineral extraction. Only minor surface preparation activities will be required for the
proposed event. As previously noted, only minor site preparation is required, and therefore, no
modifications to existing natural landform would occur, therefore there would be no impacts
associated with grading. No grading permit will be required.
The proposed activities would include temporary tent-like structures, spectator stands, shade
canopies, and portable restroom facilities as well as parked vehicles that would be visible from
some public and private vantages points primarily to the south and west. Nighttime security
lighting would be allowed in the pit areas and overnight camping areas located on the west and
south of the track facility (Figure 3). The night lighting would be visible from residential areas
to the south of the site.
The project will be required to comply with the light and glare regulations (Section 19.66.100) of
the Chula Vista Municipal Code (CVMe). Compliance with these regulations will ensure that
no significant glare, or light would affect daytime or nighttime views in the surrounding
residential neighborhood area or adjacent roadways. Additionally, lighting will be directed
downward and away from adjacent MSCP Preserve areas.
Because the nighttime lighting would be temporary, occurring over two independent weekends,
the proposed project would not permanently alter the aesthetic or visual character of the site or
result in a new source of substantial light or glare. Therefore, the proposed 2007 CORR event is
not anticipated to result in significant impacts to aesthetics.
Air Oualitv
An air quality technical report was prepared by Scientific Resources Associated (April 2007) for
the project. Project related emissions would occur from vehicles traveling to the CORR event
site, race vehicle emissions generated during race events and dust generated by the racing
activities. All mining activities associated with the existing quarry will cease during race events.
Page 16 of37
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Race Event Phase
The operational impacts associated with the Project would be confined to impacts associated
with automotive traffic from spectators, employees, support vehicles, and the race participants.
Fugitive dust emissions from the racing events themselves were estimated based on the U.S.
EPA's emission factors for travel on unpaved roads from the Compilation of Air Pollutant
Emission Factors (AP-42), Section 13.2 (U.S. EPA 2003). The emissions from unpaved roads
are estimated to be 489.56 pounds per day.
It should be noted that the majority of the PM10 emissions predicted by the URBEMIS model
are attributable to road dust from vehicles traveling on paved roads to the event; these emissions
are based on the default assumptions within the URBEMIS model, and assume that 4.71Ibs/day
PMIO are attributable to vehicle exhaust, with 79.93 1bs/day attributable to road dust. PM2.5
emissions have been estimated in accordance with the SCAQMD guidelines (SCAQMD 2006) as
discussed under construction emissions.
Emissions of VOCs and NOx, would be below screening criteria for daily emissions thresholds.
Fugitive dust emissions (both PMIO and PM2S) would be above the screening thresholds without
mitigation. Project mitigation is incorporated to provide for spraying of water during the 15-
minute intervals between races, to control fugitive dust; thus there will be a minimum of 6 passes
(6 races per day). Based on the control efficiency in the URBEMIS 2002 model, 3 passes of
watering per day provides a 51 % control efficiency on unpaved roads; therefore it was assumed
that 6 passes per day would provide a 90% control efficiency. This would be consistent with the
SCAQMD CEQA Air Quality Handbook (SCAQMD 1993), which projects a control efficiency
of up to 85% for watering three times daily on unpaved roads. Implementation of this mitigation
would reduce emissions ofPM10 and PM2.5 to below the significance thresholds.
Emissions of CO are be above the screening criteria for significance. Therefore, the next tier of
analysis, a CO "hot spots" analysis, was performed to determine the actual significance of the
impact.
Projects involving traffic impacts may result in the formation of locally high concentrations of
CO, known as CO "hot spots." To verify that the project would not cause or contribute to a
violation of the CO standard, a screening evaluation of the potential for CO "hot spots" was
conducted in accordance with guidance in the Caltrans ITS Transportation Project-Level Carbon
Monoxide Protocol (Caltrans 1998).
Project effects were modeled using the CALINE4 model. The CO concentrations predicted by
the model, in addition to the high I-hour background concentration, resulted in a total
concentration ofless than 10 parts per million (ppm), which is below the CO standard of20 ppm.
Therefore impacts related to CO hot spots are less than significant, and the project would not
expose sensitive receptors to substantial pollutant concentrations of CO.
Page 17 of37
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All portable generators required for the race events would either be registered by the APCD, or
would have appropriate permits; therefore the emissions from portable generators are not
included in this analysis.
Post Race Event Phase
Once the operation phase of the project has been completed, emissions would be generated from
the transport of any contaminated soil (i.e., oil and gasoline from on-site vehicles) from the
project site to appropriate disposal locations approved by local, state, and federal agencies. If
required for site cleanup, it is anticipated that soil would be transported off-site.
In addition, after the racing event is completed, the project site would be retained in its pre-
project condition. Hence, one additional truck would be traveling to and from the project site,
post project operation.
The quantity of trucks traveling to and from the project and amount of soil being disturbed
during the post-operation phase is anticipated to be the same or less than what would be
generated during the site preparation phase and therefore, post -operation emissions are
anticipated to be less than significant. No mitigation measures are required.
The mitigation measures contained in Section H below would mitigate short-term operational air
quality impacts to below a level of significance. These measures are included as a part of the
Mitigation Monitoring and Reporting Program.
AlZricultural Resources
Historically, portions of the project site that contain the proposed parking areas in Village Three,
and the camping area in Otay River Valley have been used for dry farming, as well as cattle and
sheep grazing. Crop production was limited to hay and grains (typically barley) due to limited
water availability. The project area does not contain designated Prime Farmland, Farmland of
Statewide Importance or Unique Farmland (United States Department of Agriculture, Soil
Conservation Service, Califomia Department of Agriculture). The site has been locally
designated as Farmland of Local Importance and is identified as Grazing Land. No land within
the project area is subject to the Williamson Act.
The former agricultural fields will be utilized for parking and camping. The fields have been
harvested, and the remaining vegetation has been mowed. Thus, the temporary parking and
camping on the fields will not preclude used of the land for agricultural purposes after the race
events. Therefore, impacts to agricultural uses on the site would be less than significant.
Biololrlcal Resources
Implementation of the proposed project would result in direct impacts to the following
vegetation communities: annual (non-native) grassland (103.4 acres) and developed/disturbed
land (38.0 acres). Furthermore, all of the 103.4 acres of impacts to annual grassland are within
former agriculture areas of the Parking and Camping areas. Site preparation for these areas will
Pagel80f37
15-44
consist of mowing only, and no soil-disturbing site preparation (i.e., grading activities) is
proposed. Therefore, impacts to annual grassland within the Parking and Camping areas would
be temporary and would not result in permanent or significant adverse impacts to annual
grasslands. These areas would not require active restoration for recovery to pre-project
conditions. Freshwater marsh, mixed riparian scrub, and southern willow scrub within the survey
area would be avoided and not be directly impacted by the project.
During the course of the site visit, two individual male coastal California gnatcatchers were
observed in disturbed coastal sage scrub outside of the project's direct impact area (see Figure
5). In addition to the two gnatcatcher locations identified in recent surveys, Figure 5 also shows
locations of previously identified locations for gnatcatcher and least Bell's vireo, to provide
context for potentially suitable habitat for these species, and to help understand the nature and
extent of potential indirect effects.
The annual grasslands identified in the Parking and Camping Areas could serve as potentially
suitable habitat for burrowing owl. To avoid direct impacts to burrowing owl, pre-construction
surveys will be required (February through August - therefore only applicable to the June race
event). If owls are found to be nesting as a result of the surveys, the active nest areas will be
avoided and fenced as appropriate.
No long-term, direct impacts to sensitive vegetation communities would result from project
implementation. Direct impacts to active burrowing owl nests could result if nests are present at
the time of operation during the nesting season (June race only).
The project site is located adjacent to the City's MSCP Preserve. Implementation of the
proposed proj ect will result in indirect impacts to sensitive habitat and species found within the
Preserve. In order to reduce indirect impacts to the Preserve, the project will be required to
adhere to specific guidelines established in the Adjacency Management Issues discussion in the
Chula Vista MSCP Subarea Plan (Section 7.5.2 of the Subarea Plan). The following is a
summary of the requirements relevant to the proposed project, and a discussion of project
compliance.
Drainage/Toxics:
All developed and paved areas must prevent the release of toxins, chemicals, petroleum
products, exotic plant materials and other elements that might degrade or harm the natural
environment or ecosystem processes within the Preserve.
The project would involve the use, transport, storage, handling and disposal of toxic substances
such as gasoline and other automotive fluids. Use of these substances onsite would occur for the
short duration of time of the racing event. No use of these substances would occur in the MSCP
Preserve, whish is leeated approximately 150 feet frem. the edge of the raeetraek and oyer 500
feet frem. the pit area. As discussed under the Hazards and Hazardous Materials section, BMPs
would be implemented during all phases of the project to mitigate for potential impacts
associated with hazardous waste/toxins entering drainages. These BMPs are specified in
Appendix A and require City review and approval by the Director of Public Works.
Page 190f37
15-45
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The following summarizes the BMPs from Appendix A, and are required to reduce effects
associated with drainage and toxics to less than significant levels, as required by the Subarea
Plan:
Containment Areas - BMP's utilized during Race Events include secondary containment at
vehicle maintenance (pit) areas, hazardous materials storage areas, vehicle wash stations,
portable bathrooms, trash disposal and materials storage areas. Additionally, any fuel drum
storage and used oil storage areas will be contained and also bermed. Hazardous materials are to
be placed in closed containers to prevent contact with runoff and to prevent spillage to the storm
water conveyance system. Secondary containment, such as berms or dykes, will also be
provided. Vactor trucks will be used to remove runoff from the containment areas and the
collected runoff will be disposed of in accordance with City standards. Hazardous Waste
containers will remain covered at all times. Run-on from adjacent areas will be prevented from
coming into contact with the containment areas. Attached lids are provided on all trash
containers to minimize direct precipitation.
Site Runoff-Two desilting basins will be used as retention basins. Outlets will be blocked off so
that no runoff will be allowed to discharge from these basins. At the conclusion of each racing
event, accumulated debris and pollutants will be removed from these basins and disposed of in
accordance with City standards. An existing perimeter fence is located at the limits of grading to
prevent the escape of wind blown trash and debris. There is an existing earthen berm along the
southern edge of the proposed race track facilities that will also ensure any direct run-off into the
Otay River.
Maintenance - Dust and trash control measures are included as well. To further inhibit sediment
migration, the track is watered between races. Access roads and parking areas will be routinely
watered as well. Onsite trash collection is provided throughout the event. Parking areas are
graded, with silt fences and bio- filters along the perimeter to treat oil and grease from parked
vehicles.
There are no permanent utilities at the site. Generators, water trucks, a vactor truck, and portable
bathroom facilities will be utilized. No temporary facilities will remain on site after the fmal race
event. Long term maintenance of all remaining BMP's are the responsibility of James P. Baldwin
and Associates who guarantee performance of proper BMP maintenance by the posting of a
performance bond as required by the City of Chula Vista.
Access Roads - There are three proposed access roads into the site. This will be used for public
access and emergency access during race events. The main entrance to the facility is from the
intersection of Main Street and Heritage Road and runs eastward on Wiley Road toward the
existing rock quarry. The main access road will have a crushed asphalt base 6" in depth, for the
first 200' from the point of entry. Maintenance will be continuous during race events. The
Applicant will be responsible for the maintenance of these construction entrances and all other
BMP's described herein. Access to the parking area within Village Three is proposed from
Energy Way to the west. In addition, access to the camping area is proposed from Heritage
Road.
Page 21 of37
15-47
Trackinz - To insure that no tracked sediment reaches the storm drain system, a sweeper truck is
employed to remove any sediment deposited onto Main Street or Heritage Road due to increased
traffic during race events. All efforts will be made to prevent mud from being tracked onto
public roads. In no case will vehicles be permitted to drive on, or park in muddy areas, or to
leave the site without first removing any accumulations of loose mud. In the event of rain, all
race events will be rescheduled.
Wind Erosion/Dust Control - Silt fencing is provided at the limits of grading to prevent escape of
trash, debris or sediment to the surrounding area. This BMP is designed to capture wind-blown
pollutants. To enhance the dust control efforts, the track will be watered extensively between
races. To enhance trash control efforts, onsite trash collection is provided throughout race events.
Lighting:
Lighting of all developed areas adjacent to the Preserve should be directed away from the
Preserve wherever feasible and consistent with public safety. Where necessary, development
should provide adequate shielding to protect the Preserve and sensitive species from night
lighting.
Temporary safety lighting associated with the project would be limited to the pit area, spectator
area and camping area. The lighting for these areas would be directed downward, and away from
the Preserve. The portion of the project that is located adjacent to the Preserve is the track area.
The track portion of the project site would not be lighted, and no race events would occur at
night. Light spillage into the Preserve would be considered significant.
Noise:
Uses in or adjacent to the Preserve should be designed to minimize noise impacts. Berms or
walls should be constructed adjacent to commercial areas and any other use that may introduce
noises that could impact or interfere with wildlife utilization of the Preserve. Excessively noisy
uses or activities adjacent to breeding areas, including temporary grading activities, must
incorporate noise reduction measures or be curtailed during the breeding season of sensitive
bird species.
As discussed in the Noise analysis of this MND, noise resulting from project related activities
includes noise associated with vehicle racing, loudspeakers, or other incidental sound sources
associated with the events. Species of concern relative to this policy (i.e. sensitive bird species)
include the coastal California gnatcatcher and least Bell's vireo.
Because the project site is adjacent to the MSCP Preserve, analysis of noise impacts on noise
sensitive species within the MSCP Preserve is required. Specifically, the Subarea Plan restricts
uses located adjacent to Preserve areas that generate excessive noise during the breeding season
for noise sensitive bird species. In this particular case, the species of concern are the Least Bell's
Vireo and Coastal California Gnatcatcher, because their habitat is located within the Preserve.
The City's MSCP Subarea Plan does not provide a specific numerical threshold for operational
noise affecting these species, but for comparative purposes, a generally accepted standard used to
Page 22 of37
15-48
evaluate impacts is a one-hour average noise level greater than 60 dB. No other species identified
in the Subarea Plan or MSCP Sub regional Plan as having specific conditions related to noise
impacts are located within the portions of the MSCP Preserve in the vicinity of the project.
The noise analysis prepared for the project (Environmental Noise Assessment for the Temporary
Off-Road Race Track, Dudek & Associates, April 16, 2007) provides an estimate of noise levels
generated by the proposed project. Unattenuated noise levels at the closest sensitive habitat
location within the Preserve, immediately adjacent to the south of the proposed track, are
estimated to be 85 dB hourly Leq.
Taking the existing terrain topography into consideration, and providing the maximum sound
attenuation available through structural design features (enclosure of the rear of the stands
located between the track and the Preserve), the noise analysis concludes that areas having
potential to support least Bell's vireo and coastal California gnatcatcher are expected to be
exposed noise levels of approximately 75 dB hourly Leq noise level during the racing events.
Ambient noise measurements were recorded within the project area, as noted in the Noise
Assessment. Ambient noise within the project area is primarily associated with the existing rock
quarry operation, including rock and gravel extraction, earth moving equipment, and rock
crushing activities. Ambient noise measurements in portions of the quarry adjacent to sensitive
habitat areas within the Preserve indicate noise levels eHipranging between 68 to 78 dB Leq.
The noise recording locations are within close proximity to areas historically occupied by
California gnatcatcher and least Bell's vireo, suggesting that there may be localized tolerance of
elevated noise levels by these species in this area.
Due to the short-term nature of the proposed project (two consecutive days during the nesting
season), and existing elevated ambient noise levels, it is not anticipated that the project will
result in significant indirect impacts on these noise sensitive species.
Invasives:
No invasive non-native plant species shall be introduced into areas immediately adjacent to the
Preserve.
The project does not propose landscaping that would introduce invasive species, and the erosion
control BMPs specifically require that native plant species be used. Unauthorized access and/or
predation by domestic pets may result from introduction of the human use adjacent to the
Preserve. To avoid such adverse effects, the project shall be required to provide fencing and
signage to discourage access to the Preserve. In addition, the project shall be required to either
prohibit domestic pets, or require that all pets remain on leases pursuant to applicable City
requirements.
Implementation of the proposed temporary uses includes measures to avoid indirect impacts on
the Preserve through adherence with the Subarea Plan requirements relative to adjacency
management issues. Therefore, the project would not result in any conflicts with the provisions
of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other
approved local, regional, or state habitat conservation plan.
Page 23 of37
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The mitigation measures contained in Section H below would mitigate potential indirect impacts
to sensitive biological resources to below a level of significance. These measures are included as
a part of the Mitigation Monitoring and Reporting Program.
Cultural and Paleontolostical Resources
Based on data reviewed from previous studies and additional testing conducted in 2007
(Archaeological Study for the Chula Vista International Raceway, Brian F. Smith and
Associates, Spril, 2007), two sites (SDI-9976 and SDI-12,29Ib) were determined to be
significant under the guidelines set forth by the City of Chula Vista and CEQA (Section
15064.5). The remaining sites are either not significant or were located in areas outside of
potential direct impacts and were not tested.
Impacts will occur to cultural resources in the parking area, the camping area, the track area and
the various access roads. For most of the impacts, these are characterized as "superficial" and
are related to mowing and parking.
Potential direct adverse impacts are anticipated for only two cultural resource sites, SDI-9976
and SDI-12,291(b). Measures to reduce potential impacts will focus upon preservation. Data
recovery will not be required as an alternative for the mitigation of impacts, as sufficient latitude
is available for organization of the project to facilitate preservation of the significant resources.
For sites that are significant, or were not evaluated and are assumed to be significant, mitigation
measures will include preservation and fencing.
Based on the underlving geologic formations, the proposed parking and camping areas are
located within areas considered to be of moderate to high sensitivity for paleontological
resources. However, because the proposed proiect does not involve anv grading of these areas,
impacts to paleontological resources is considered to be less than significant.
The mitigation measures contained in Section H below would mitigate potential impacts to
Archeological Rewsources to below a level of significance. These measures are included as a
part of the Mitigation Monitoring and Reporting Program.
GeololIT and Soils
The project consists of a temporary use, and involves no grading, excavation or cutting/filling of
slopes, and involves only minimal clearing and leveling activities would be conducted. The
project is a temporary event taking place over two separate weekends, and no permanent
structures are proposed. Therefore, the project would not expose people or structures to potential
substantial adverse effects involving seismic ground shaking, seismic-related ground failure or
landslides; nor would it be affected by potential unstable soils, or cause soils to become unstable,
or result in or be affected by liquefaction or collapse. Further, the project does not propose the
use of septic tanks or alternative wastewater disposal systems.
Erosion impacts could occur as a result of race operations. Erosion control measures and erosion
BMPs are identified in Attachment A to this MND, Implementation of Best Management
Page240f37
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Practices for Storm Water Pollution Prevention at the Otay Ranch Championship Race Track
Site, and would mitigate potential impacts resulting from erosion to less than significant. The
erosion control measures identified in Appendix A would require review and approval by the
Director of Public Works.
The mitigation measures contained in Section H below would mitigate potential impacts to
Geology and Soils to below a level of significance. These measures are included as a part of the
Mitigation Monitoring and Reporting Program.
Hazards and Hazardous Materials
The proposed proj ect would involve the transport, storage, and handling of hazardous materials
(gasoline and engine fluids) associated with the proposed activities for a short duration of time.
Potential impacts resulting from exposure to or leaks/spills of hazardous materials may occur;
however, BMPs would be in place that would reduce potential impacts to less than significant.
The BMPs are identified in Appendix A and are identified as mitigation measures in Section H
of this document. BMPs include features such as special drums that would serve as self-
contained treatment for all runoff from maintenance bays (pit areas), vehicle and equipment
wash areas, bathroom areas, and trash and material storage areas. Vactor trucks would be used
to remove runoff from the containment drums and the collected runoff would be disposed of in
accordance with City standards. Hazardous materials would be placed in an enclosure that
prevents contact with runoff or spillage to the storm water conveyance system. Storage, wash,
and maintenance areas for race vehicles and hazardous materials/waste, as well as restroom areas
would be lined with an impervious material to contain leaks and spills and these areas would
(where feasible) have a roof or awning to minimize direct precipitation within the secondary
containment area. With implementation of the BMPs, the project would not create a significant
hazard to the public or the environment through the routine transport, use, or disposal of
hazardous materials, or create a significant hazard to the public or the environment through
reasonably foreseeable upset and accident conditions involving the release of hazardous
materials into the environment. Therefore, project impacts to these relevant thresholds would be
less than significant. The project is not located in the vicinity of an existing or proposed school,
nor is it on a list of hazardous materials site. Further the project is not in the vicinity of a public
or private airport, and not subject to an airport land use plan. Therefore, no impacts relative to
these thresholds would result.
The project is a temporary use that would not have the ability to impair implementation of or
physically interfere with an adopted emergency response plan or emergency evacuation plan.
Further, the project features include public safety plans and personnel assigned to the events to
further protect public safety during the events.
Because the project is a temporary use and fire equipment and personnel will be present on the
site during the proposed events, the proj ect would not expose people or structures to a significant
risk ofIoss, injury or death involving wildland fires.
Page 25 of37
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The mitigation measures contained in Section H below would mitigate potential impacts to
Hazards and Hazardous Materials to below a level of significance. These measures are included
as a part of the Mitigation Monitoring and Reporting Program.
HvdrololZV and Water Oualitv
The proposed CORR events would involve activities that have the potential to result in potential
impacts to hydrology and water quality. During race events, urban runoff from the site has the
potential to contribute pollutants, including oil and grease, suspended solids, metals, gasoline,
and pathogens to the receiving waters. Once the CORR event is complete, some portions of the
site, including manufactured slopes, may be exposed and susceptible to erosion. Pollutants of
concern associated with the proposed project are grouped into the following categories:
sediments; metals; oil and grease; trash, debris and floatables; bacteria and viruses; and organic
compounds and oxygen-demanding substances.
In order to address these issues, features have been incorporated into the project design to
minimize water quality impacts. The racetrack has been designed such that runoff would drain
into a treatment BMP and away from the MSCP Preserve, including Otay River and Wolf
Canyon.
With project design features, potential impacts to hydrology and water quality may still occur;
however, BMPs would be implemented to mitigate potential impacts to less than significant
levels. The BMPs have been identified in Appendix A and require review and approval by the
Director of Public Works. BMPs identified in Appendix A include, but are not limited to the
following: desilt basins, special drums for containment of waste, trash and hazardous materials
and silt fencing/sand bags.
Because of the scope of activities proposed and the short duration of the proposed project, the
race events would not have the ability to substantially alter the flow of surface or groundwater.
In addition, the project would not involve pumping of groundwater and would therefore not
result in the possibility of depletion of groundwater supplies. Although portions of the project
site are within the IOO-year flood plain of the Otay River, the project does not propose
construction of permanent structures and therefore, would not expose people or structures to a
significant risk of loss, injury or death involving flooding. In addition, the proposed operations
would occur outside of the rainy season.
The project would not directly discharge to an existing storm drain system and would not alter
any drainage pattern. Therefore, no impact upon storm water conveyance capacities would occur.
The mitigation measures contained in Section H below would mitigate potential impacts to
Hydrology and Water Quality to below a level of significance. These measures are included as a
part of the Mitigation Monitoring and Reporting Program.
Page 26 of37
15-52
Noise
An Acoustical Analysis was prepared by Dudek and Associates (April 2007) for the proposed
project which is summarized below.
The existing noise levels at the site were monitored to determine ambient noise levels in the
project vicinity, including areas adjacent to and within the MSCP Preserve. On site noise
monitoring results indicate the existing noise levels at the monitored locations to range between
68 and 78 dBA.
Applicable Standards
The City of Chula Vista has adopted a quantitative noise ordinance to control excessive noise
generated in the City. The ordinance limits are in terms of a one-hour average sound level. The
allowable noise limits depend upon the noise receiving land use and time of day.
The City's noise ordinance states that if the measured ambient level exceeds that permissible by
the land use standards, the allowable noise exposure standard shall be the ambient noise level.
The ambient level shall be measured when the alleged noise violations source is not operating. If
the measured ambient noise level without the subject noise source exceeds the applicable land
use limit, the allowable one-hour average noise levels shall be the ambient noise level.
The City of Chula Vista noise ordinance exterior noise limit for single-family residences is
45 dB between 10 p.m. and 7 a.m. on weekdays, and between 10 p.m. and 8 a.m. on weekends.
The daytime (between 7 a.m. and 10 p.m. on weekdays, and between 8 a.m. and 10 p.m. on
weekends) exterior noise limit is 55 dB. The project's noise generating activities will occur
during daytime, Le., between 7 a.m. and 7 p.m. on weekdays, and between 8 a.m. and 7 p.m. on
weekends. Consequently the 55 dB exterior noise criteria has been used for our evaluation of the
project's potential noise impacts upon the closest residences, located at approximately 6,000 feet
or more to the southwest of the site in the City of San Diego. The 70 dB exterior noise criteria
has been used for our evaluation of the project's potential noise impacts upon the industrial land
use at approximately 1,000 feet distance, southwest of the project site.
Chapter 19.68 Section 19.68.060 of the City of Chula Vista Municipal Code exempts occasional
outdoor gatherings, public dances, shows and sporting and entertainment events, provided the
events are conducted pursuant to a permit or license issued by the city relative to the staging of
the events.
The City's General Plan Noise Element contains land use/noise compatibility guidelines for
various types of uses. The City considers an annual noise level of 65 dB CNEL to be compatible
with residential land uses. The General Plan states that the compatibility guidelines are not
intended to conflict with or contradict the Noise Ordinance, but provide guidance for total noise
exposure, including traffic noise and other sources that are not regulated by the Noise Ordinance.
The following analysis provides a complete assessment of project related noise, including traffic
noise, and therefore addresses impacts in accordance with the Noise Ordinance, the General Plan
Page 27 of37
15-53
guidelines, and the MSCP Subarea Plan. Noise issues related to sensitive biological resources are
addressed above under the subheading Biology.
Several activities associated with the race event would contribute to the overall potential noise
impact of the project, including off-road racing, public address system, generators, and
miscellaneous activities, such as revving engines and vehicles in various parking lot areas. The
noise levels associated with these events and activities have been evaluated based on noise
measurements previously conducted during various CaRR racing events in the City of Chula
Vista and published noise level data, as appropriate. Noise measurements taken from previous
event include cumulative noise associated with race vehicle engines, loud speakers, event music
and fireworks. The measured and published data have been used to calculate the noise levels at
the nearest residential properties and at the adjacent noise sensitive species habitat area(s).
To determine the worse-case (loudest) noise level associated with the Championship Off-Road
Racing Event, the loudest noise level monitored during CaRR truck and buggy racing events in
2006 at the temporary Chula Vista CaRR race track was used. These noise measurements
indicate that a worse case-racing event would generate an average hourly Leq of 93 dBA at
100 feet distance from the racetrack. This 93 dBA noise level has been used as a basis to
estimate the worse case hourly Leq racing events noise levels at the nearest residential area, the
adjacent industrial land use, and the adjacent biological habitat.
The nearest residences are located at approximately 6,000 feet or more to the southwest of the
site. This large distance from the racetrack site allows the noise source to be considered as a
point source with 6 dB attenuation per distance doubling. For typical atmospheric conditions, A-
weighted sound levels are attenuated by l-dBA per 1,000 feet distance due to atmospheric
absorption. The stands between the racetrack and this residential location are also expected to
provide some shielding, approximately 3 to 5 dB. Applying the distance, atmospheric, and
stand shielding attenuation to the 93 dBA at 100 ft racetrack noise level results in a 46 to 48 dBA
noise level at the nearest residents' location. This calculated noise level does not exceed the City
of Chula Vista Noise ordinance 55 dB exterior noise criteria between 7 a.m. and 10 p.m. on
weekdays, and between 8 a.m. and 10 p.m. on weekends.
Based on the proposed racing schedule and the calculated hourly 48 dB racetrack level, the
resulting noise levels at the nearest residential location would be less than 50 dB CNEL. This is
well below the City's General Plan Noise Element 65 dB CNEL residential land use noise
compatible criteria. Therefore, the racing noise impacts from the project upon the nearest
residential area is considered less than significant.
An industrial land use is located at approximately 1,000 feet distance, southwest of the project
site. Applying the distance, atmospheric, and stand shielding attenuation to the 93 dBA at 100
feet racetrack noise level results in a 63 to 65 dBA noise level at the industrial land use property.
This calculated noise level does not exceed the City of Chula Vista Noise Ordinance 70 dB
exterior noise criteria for Light Industrial Land Uses. Therefore, the racing noise impacts from
the project upon the adjacent industrial land use is considered less than significant.
Page 28 of37
15-54
The average hourly project noise levels at the adjacent industrial and nearest residences would
comply with the City's 70 dB and 55 dB noise ordinance criteria for light industrial and
residential land uses, respectively. As previously noted the race events would only occur for
4 days (two weekends) with individual practice runs and qualifying on Fridays. Chapter 19.68
Section 19.68.060 of the City of Chula Vista Municipal Code exempts occasional sporting and
entertainment events, provided the events are conducted pursuant to a permit or license issued by
the city relative to the staging of the events.
Concluding, the noise generated by the proposed project does not exceed the City's Noise
Ordinance criteria during the race events, and the project would represent an occasional outdoor
sporting and entertainment event that is exempt from the noise level limit provisions of the
City's noise ordinance, and, consequently, is not considered a significant noise impact on
surrounding land uses.
In terms of the City's CNEL noise guideline, the combined noise from all the identified race
activities would be an annual CNEL of less than 50 dB at the nearest residential location. This
noise level would comply with the City's 65 exterior annual CNEL noise criterion at the nearest
residences. Since these residences are located in City of San Diego, it should be noted that the
project noise levels would also meet the City of San Diego's 65 dB CNEL noise criterion.
Public Services
The proposed project would not involve changing land uses that would result in increased
permanent demand for public services personnel, equipment and facilities or result in changes in
service levels. The proposed project has the potential to result in hazards associated with
accidents during the race events and therefore creates a temporary increase in demand for police
and fire services. The closest fire station that would respond to an incident at the project site is
located at 1410 Brandywine Ave., approximately 3 miles to the northwest.
The mitigation measures contained in Section H below would mitigate potential public services
impacts to a less than significance level. These measures are included as a part of the Mitigation
Monitoring and Reporting Program.
TransDortationITraffic
The proposed CORR events would be accessed via Main Street, Heritage Road, and Energy
Way. The proposed events are anticipated to generate up to 7,440 vehicles per day of the event.
Pay parking will be offered at the onsite parking lots. Based on the additional special event
traffic and the potential for queuing to pay for parking, there is the potential for localized
congestion at ingress and egress points of the project and parking impacts on City roadways
during the two weekends of the proposed CORR event.
A traffic control plan is required to be prepared in accordance with City guidelines by the project
applicant and submitted for review and approval by the City Engineer prior to issuance of the
CUP. Elements of the traffic control plan would include, but not limited to, a description of the
signage, striping, delineate detours, flagging operations and any other devices which would be
Page 29 of37
15-55
used during events to guide motorists safely to parking locations from public roadways. The
traffic control plan would also include provisions for coordinating with local emergency service
providers regarding event times and measures for bicycle lane safety. The Plan would address
parking plans for each parking lot, and would address methods to facilitate collection of parking
fees to minimize queuing on public streets. The Traffic Control Plan would ensure that access
and traffic flow would be maintained, and that emergency access would not be restricted.
Additionally, the Plan would ensure that congestion and temporary delay of traffic resulting from
the event and would be of a short-term nature. Implementation of the traffic control plan would
mitigate potential impacts to circulation and parking to less than significant.
The mitigation measures contained in Section H below would mitigate potential temporary
Transportation impacts to a less than significance level. These measures are included as a part of
the Mitigation Monitoring and Reporting Program.
Utilities and Service Systems
The project would not result in increased demand for utilities. Because the project would be a
temporary event, no permanent utilities would be constructed. Temporary generators would
provide power for lighting and electricity. Portable restrooms and water would also be brought
in for use during the CORR event. Trash would be collected routinely throughout the event and
disposed of in approved disposal containers.
The City's existing Salt Creek Sewer Interceptor line traverses the southern limits of the existing
quarry site. Any activity or operation that would restrict the City's access to this utility would be
considered significant. Based on the conceptual site plans, vender tents and portions of the pit
area would be situated over the pipeline. The City's Department of Public Works has stated that
lightweight tents and/or canopies are permissible over the pipeline but parking of vehicles shall
be prohibited. Additionally, 24-hour, unrestricted access to all manholes shall be maintained at
all times during site preparation and race operations.
The mitigation measures contained in Section H below would mitigate potential utilities and
service systems impacts to a less than significance level. These measures are included as a part
of the Mitigation Monitoring and Reporting Program.
Thresholds
The project would not result in any of the identified growth management thresholds falling
below acceptable levels, as indicated in the discussion of public services, traffic and utilities and
services.
Page 30 of37
15-56
H. MITGATION NECESSARY TO A VOID SIGNIFICANT IMPACTS
Project-specific mitigation measures are required to reduce potential environmental impacts
identified in this Mitigated Negative Declaration to a less than significant level. These
mitigation measures are listed below and included in the Mitigation Monitoring and Reporting
Program (MMRP) included as Attachment B to this MND.
Air Oualitv
1. The following project design features, have been included as mitigation measures to
assure their implementation, and shall be implemented prior to commencement of each race
event:
· Workers shall perform excavation, site preparation, materials handling, and hauling
in compliance with SDAPCD Regulation 4, Rules 52 and 54 regarding fugitive dust
for Control of Fine Particulate Matter (PM10). Specific measures to be included in
specifications shall address the maintenance of adequate moisture content in soils to
be excavated and transported; the stabilization of exposed graded areas; and
prevention of soil track -out from disturbed areas onto paved roads.
· Low emission mobile heavy equipment shall be used, where feasible.
· The contractors shall obtain applicable air quality permits for any portable or
stationary internal combustion engine subject to SDAPCD permit requirements.
· To reduce fugitive dust, the track area, access roads, and parking areas shall be
watered at a minimum of twice a day to reduce PM10 levels.
· Excluding race vehicles operating on the designated track, spectator and
maintenance vehicle speeds on unpaved roads shall not exceed 15 miles per hour.
· All trucks hauling materials subject to wind dispersal shall be watered and covered.
· All disturbed soil areas not subject to re-vegetation shall be stabilized with
approved nontoxic soil binders, jute netting, or other methods, as appropriate.
· Idling time oftrucks and other heavy equipment shall be minimized.
· Groundcover on the site shall be re-established through seeding and watering.
· The streets shall be swept immediately when silt is carried over to adjacent public
thoroughfares.
· Engines in site preparation equipment shall be maintained by keeping them properly
tuned.
· Low sulfur fuel shall be used for stationary equipment.
· Existing power sources (e.g., power poles) or clean fuel generators rather than
temporary power generators shall be used, whenever feasible.
· The track shall be watered by a minimum of four trucks during each IS-minute rest
period.
Page 31 of37
15-57
· All parking lots within agricultural fields shall be mowed such that roots of the
vegetation remain intact in order to provide soil stabilization.
· Parking lots and other areas with exposed dirt shall be watered to minimize fugitive
dust, as necessary.
Biolo2ical Resources
2. To ensure that no direct or indirect impacts to nesting borrowing owls occur during site
preparation and active use of the parking and camping areas. prior to initiating anv site
preparation-related activities. pre-active use survevs must be performed bv a City-
approved biologist to determine the presence or absence of active burrows within all
suitable habitat. The survevs must be conducted within 10 calendar davs prior to the start
of site preparation or use. and the results submitted to the City's Environmental Review
Coordinator for review and approval prior to initiating anv site preparation activities. If
an active burrow is detected. a mitigation plan shall be prepared bv a Citv-approved
biologist and submitted to the City's Environmental Review Coordinator for review and
approval. The proiect applicant shall implement the approved mitigation plan to the
satisfaction of the Citv's Environmental Review Coordinator. Setbacks of 300 feet or
more from occupied burrows shall be established and enforced until the voung are
completely independent of the nest. To minimize all impacts and ensure that no nests are
removed or disturbed and no nesting activities are disturbed. a bio-monitor must be on
site during all proiect activities until all voung have fledged. Te EPloid direet iHlflaotG to
potential aestia!; burrowiFl!; owt pre eOHstmetioa surveys '.vill be re!J.lIired prier to
eOffiflleHeemellt of eaali raee e'leat. If owls are f-allHd to be aestrng as a result ef tlie
surveys, the aoti'le Rest areas will be avoided and f-eHeed as appropriate.
3. Prior to commencement of each race event, prominently colored, well-installed biological
fencing shall be installed place wherever the project limits are adjacent to the Preserve,
sensitive vegetation communities, and/or any other biological resources, as identified by
a qualified monitoring biologist. Figure 3 above identifies the general location of the
required fencing.
4. Prior to commencement of each race event "Sensitive Habitat - Keep Out" signage shall
be posted every 150 feet along the Preserve edge to discourage access to the Preserve. In
addition, the project shall be required to either prohibit domestic pets, or require that all
pets remain on leashes pursuant to applicable leash law requirements.
5. Prior to the commencement of race activities, a lighting plan shall be submitted to the
City's Environmental Review Coordinator for review and approval. The lighting plan
shall clearly demonstrate that all temporary security lighting shall be directed away
and/or shielded from the Preserve to prevent any potential indirect impacts due to night
lighting. Additionally, low-pressure sodium lighting shall be used to reduce these
potential effects.
Page 32 of37
15-58
Cultural Resources
6. The area identified as significant for SDI-9976 shall be removed from the planned
camping area and fenced as illustrated on Figure 8.0-1 of the approved archeological
study prepared by Brian F. Smith & Associates (An Archeological Study for the Chula
Vista International Raceway, April 10, 2007). Prior to commencement of each race
event, the fencing shall be installed under the direction of the project archaeologist and
shall remain for the duration of the racetrack use. No access to this site area shall be
allowed during the race events.
7. The access road through SDl-l2,291b shall be fenced prior to commencement of each
race event, to prevent traffic from straying into the significant site area. The area to be
fenced is illustrated on Figure 8.0-1. The fencing shall be installed under the direction of
the project archaeologist and shall remain for the duration of the racetrack use. Vehicular
and pedestrian traffic through the sensitive site area shall be minimized. The project
archaeologist shall have the latitude to monitor the condition of the site during track
events and to add measures as necessary to ensure the site is not adversely impacted by
event activities.
8. Access roads or trails that pass through sites identified as significant or potentially
significant shall be fenced prior to commencement of each race event to prevent intrusion
into potentially sensitive areas. The fence locations are noted on Figure 8.0-1. The
project archaeologist shall identify the locations of all fences and the type of fence that
would be appropriate to ensure the sites are not disturbed.
9. Any grading, trenching, mowing, or other site preparations that might uncover
archaeological materials or affect recorded sites shall be monitored by an archaeologist
prior to commencement of race event preparations. In the event that the monitor
identifies a potentially significant site, measures shall be initiated to evaluate the site and
to implement mitigation measures as necessary to minimize impacts. Data recovery to
mitigate impacts is an option, but preservation of resources is the preferred mitigation
measure,
10. During the monitoring of mowing or other site preparations, the archaeological monitor
shall collect all surface artifacts, map the locations, and report findings to the City.
11. All cultural materials recovered during the testing of SDI-9976 or collected during
monitoring shall be prepared for permanent storage. Curation of all artifacts recovered
shall be required. Curation shall be arranged at an appropriate facility and will be
coordinated through the City of Chula Vista.
Geolo2V and Soils
12. Prior to approval of the proposed CUP, the City Engineer shall approve erosion control
measures and erosion BMPs as identified in Appendix A (Implementation of Best
Management Practices for Storm Water Pollution Prevention at the Otay Ranch
Championship Race Track Site).
Page 33 of37
15-59
Hazards and Hazardous Materials
13. Prior to approval of the proposed CUP, the City's Director of Public Works shall review
and approve containment area BMPs as identified in Appendix A.
14. Prior to the approval of the CUP, the project applicant shall submit an Nor and obtain an
NPDES Permit for Construction Activity from SWRCB. The SWPPP shall include a
description of pollution prevention controls and practices to be utilized both during and
following (post-race) raceway activities. Adherence to all conditions of the General
Permit for Construction Activity is required. The SWPPP shall also include a Storm
Water Sampling and Analysis Strategy (SWSAS), pursuant to the SWRCB General
Construction Permit requirements.
Hvdrolo2V and Water Oualitv
15. Prior to approval of the proposed CUP, the City Engineer shall review and approve
erosion control measures and erosion BMPs as identified in Attachment A.
16. Prior to the approval of the CUP, the project applicant shall submit an Nor and obtain an
NPDES Permit for Construction Activity from SWRCB. The SWPPP shall include a
description of pollution prevention controls and practices to be utilized both during and
following (post-race) raceway activities. Adherence to all conditions of the General
Permit for Construction Activity is required. The SWPPP shall also include a Storm
Water Sampling and Analysis Strategy (SWSAS), pursuant to the SWRCB General
Construction Permit requirements.
17. The applicant shall request a site inspection by the City's Public Works and Storm Water
Inspectors after completion of site preparation, and prior to each race event. If the
inspectors identify any violation of the BMPs, race events shall be delayed until such
BMPs are properly implemented.
18. During race events, standby cleanup equipment and crews shall be available to respond to
potential hazardous material spills. Significant spills shall be reported to the appropriate
authorities and the City of Chula Vista as soon as such spill occur.
19. A qualified person shall be designated for monitoring and repair of BMPs. The name and
phone number of such person shall be provided to the Storm Water Management Section
prior to each race event.
Public Services
20. Prior to approval of the proposed CUP, the project applicant shall prepare a security plan
to be approved by the Chula Vista Police Chief prior to the start of the CORR events.
The security plan shall detail, among other items, the number of security personnel
provided, general distribution of security throughout the race event, and number of
uniformed Chula Vista police staff required.
21. Prior to approval of the proposed CUP, the project applicant shall prepare an emergency
Page 34 of37
15-60
medical and safety plan to be approved by the Chula Vista Fire Chief. The plan shall
detail, among other items, emergency access routes, type of emergency vehicles required
to adequately serve the project, alternative access routes to be employed in the event of
rain or damp conditions, the variety of emergency medical services that can be provided
by the contract emergency medical company, chain of communication between event
sponsor and medical staff, number of ambulances present onsite and the number of
uniformed Chula Vista Fire Department staff needed onsite. A fully staffed Chula Vista
Fire Department engine company and Battalion Chief will be onsite during all race
events.
22. Prior to the approval of the proposed CUP, perimeter fencing will be shown around the
entire site on all plans, to the satisfaction of the City Engineer. Security personnel posted
shall be posted at all access points throughout the event.
23. Grandstands will be protected by 10,000 pound concrete barriers along the entire frontage
of the grandstand area. In addition, a 10 foot high catch fence with steel cables will run
the entire length of the grandstand area.
24. In accordance with the approved medical plan, emergency medical equipment and
personnel and ambulance will be present during the term of the race event.
25. In accordance with the approved security plan, both uniformed police and private security
personnel will be stationed onsite and offsite, as needed.
26. Prior to commencement of each race event, the applicant must install protective fencing
around all manhole covers (15'rad / 30'diam) for the Salt Creek Interceptor Sewer.
Fencing shall consist of orange bio fencing and shall be installed to the satisfaction of the
City Engineer. The Applicant shall ensure that24-hour, unrestricted access to all
manholes will be maintained at all times during site preparation and race operations.
Lightweight vender items located along the remainder of the sewer alignment is
acceptable, but no parking will be allowed over the alignment of the sewer.
TransportationITraffic
27. Prior to approval of the proposed CUP, a traffic control plan shall be prepared in
accordance with City guidelines to the satisfaction of the Police Chief and City Engineer.
Elements of the traffic control plan will include, but not limited to, a description of the
signage, striping, delineate detours, flagging operations and any other devices which will
be used during events to guide motorists safely to ingress locations from public
roadways. The traffic control plan will also include provisions for coordinating with
local emergency service providers regarding event times and measures for bicycle lane
safety. The Traffic Control Plan will ensure that access and traffic flow will be
maintained, and that emergency access will not be restricted. Parking lot attendants will
direct attendees to vacant parking spaces within the parking lots.
Page 35 of37
15-61
1. AGREEMENT TO IMPLEMENT MITIGATION MEASURES
By signing the line(s) provided below, the Applicant and Operator stipulate that they have each
read, understood and have their respective company's authority to and do agree to the mitigation
measures contained herein, and will implement same to the satisfaction of the Environmental
Review Coordinator. Failure to sign the line(s) provided below prior to posting of this Mitigated
Negative Declaration with the County Clerk shall indicate the Applicant's and Operator's desire
that the Project be held in abeyance without approval and that the Applicant and Operator shall
a ly for an Environmental Impact Report.
'ot-\
~~I'-((
~ 5raq~ t
Date
Signature 0 Applicant
(or authorized representative)
~ I>rtf, 1-
Date
N/A
Printed Name and Title of Operator
(if different from Applicant)
Date
N/A
Signature of Operator
(if different from Applicant)
Date
J. CONSULTATION
I. Individuals and Organizations
City of Chula Vista
Glen Laube, Environmental Projects Manager
Marisa Lundstedt, Environmental Projects Manager
Rick Rosaler, Principal Planner
Jamal Naji, Assistant Civil Engineer, Land Development
Khosro Aminpour, Civil Engineer, Land Development
Erik Steenblock, Environmental Health Specialist
Don Redmond, Police Department
Page 36 of37
15-62
Doug Perry, Fire Department
Amy Linquist, Fire Department
Kirk Ammerman, Public Works
Harold Phelps, Associate Planner, Planning Department
Wendy Loeffler, Biologist, RECON
Cheryl Johnson, Acoustical Analyst, RECON
Others
James P. Baldwin, Championship Off Road Racing, Applicant
Ranie Hunter, Applicant Representative
Joe Monaco and Mike Komula, Dudek and Associates
Valorie Thompson, Scientific Resources Associated
2. Documents
. Otay Ranch General Development Plan/Subregional Plan Program EIR (Program EIR
90-01), October, 1993.
. Archaeological Study for the Chula Vista International Raceway, Brian F. Smith and
Associates, April, 2007.
. Environmental Noise Assessment for the Temporary Off-Road Race Track, Dudek &
Associates, April 9, 2007.
. Biological Resources and Impacts Analysis Letter for Championship Off Road
Racing, Chula Vista, California, Dudek, April 2007
. Biological Resources Report and Impact Assessment for Otay Ranch Villages Two
and Three, Dudek, February, 2006.
. Air Quality Technical Report for the Championship Off-Road Racing Event,
Scientific Resources Associated, April, 2007.
. Final Second Tier EIR for Villages Two, Three and Four (portion) SPA and TM, City
of Chula Vista.
3. Initial Study
This environmental determination is based on the attached Initial Study, and any
comments receivedreceived in response to the Notice ofInitial Study. The report reflects
the inde ndent judgment of the City of Chula Vista. Further information regarding the
enviro ental review of this project is available from the Chula Vista Planning and
Build' It D ment, 276 Fourth Avenue, Chula Vista, CA 91910.
~
Date: ~V)("
ii, ZCOt-
,
Gle Laube
Environmental Projects Manager
J C). (..~.;i
J -.' .
Page 37 of37
~!f?
---
-=---
COY OF
CHULA VlSfA
ENVIRONMENTAL CHECKLIST FORM
1. Name of Proponent:
2. Lead Agency Name and Address:
3. Addresses and Phone Number of Proponent:
4. Name of Proposal:
5. Date of Checklist:
6. Case No.
ENVIRONMENTAL ANALYSIS QUESTIONS:
ISSUES:
I. AESTHETICS. Would the project:
a) Have a substantial adverse effect on a scenic
vista?
b) Substantially damage scemc resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within a
state scenic highway?
c) Substantially degrade the existing visual
character or quality of the site and its
surroundings?
d) Create a new source of substantial light or
glare, which would adversely affect day or
nighttime views in the area?
Potentially
Significant
Impact
D
D
D
D
James P. Baldwin
City of Chula Vista
Planning and Building Department
276 Fourth Avenue
Chu1a Vista, CA 91910
610 West Ash Street
Suite 1500
San Diego, CA 92101
Temporary Championship Off-Road
Race
Apri119,2007
IS-07-030
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
D
D
~
~
D
D
D
~
D
D
~
D
4120107
15-64
ISSUES:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Comments:
a-d) The proposed project will be limited in scope and duration, and involves only minor site preparation
for the proposed dirt track, and parking, spectator and race-participant areas. Security lighting will be
provided in the pit areas and the proposed camping area. While the proposed activities may be visible
from some existing residential areas the track and pit areas would be located within portions of an
existing rock quarry not currently subject to active mining, and would be temporary, and therefore would
not permanently alter the aesthetic or visual character of the site
Mitigation: No mitigation measures are required.
II. AGRICULTURAL RESOURCES. In determining whether impacts to agricultural resources are
significant environmental effects, lead agencies may refer to the California Agricultural Land
Evaluation and Site Assessment Model (1997) prepared by the California Depl. of Conservation as an
optional model to use in assessing impacts on agriculture and farmland. Would the project::
a) Convert Prime Farmland, Unique Farmland, or D D (gJ 0
Fannland of Statewide Importance (Farmland),
as shown on the maps prepared pursuant to the
Fannland Mapping and Monitoring Program of
the California Resources Agency, to non-
agricultural use?
b) Conflict with existing zoning for agricultural use, D D (gJ 0
or a Williamson Act contract?
c) Involve other changes in the eXlstmg D D (gJ D
environment, which, due to their location or
nature, could result m conversion of
Farmland, to non-agricultural use?
Comments:
a-c) Portions of the project site have been historically farmed, including the parking area within Village
Three and the camping area in the Otay River Valley. The proposed project is not expected to interfere
significantly with agricultural practices on the project site, due to the limited duration and scope of the
project. The proposed parking would be located in areas that were previously used for agricultural
activities; but have an approved SPA plan for urban uses, and therefore continued use for agriculture on
the Village Three site is not anticipated in the long term. The camping area is located within an area that
is planned for active recreation uses. Preparation of the camping area would be limited to mowing of the
site. Mowing activities would clear the site leaving the roots intact and therefore, implementation of the
project would not preclude future ongoing agricultural use of the active recreation areas.
Mitigation: No mitigation measures are required.
III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality
management or air pollution control district may be relied upon to make the following determinations.
Would the project:
a) Conflict with or obstruct implementation of the D D (gJ D
applicable air quality plan?
4/20/2007
2
15-65
ISSUES:
b) Violate any air quality standard or contribute
substantially to an existing or projected air
quality violation?
c) Result in a cumulatively considerable net
increase of any criteria pollutant for which the
project regIOn IS non-attainment under an
applicable federal or state ambient air quality
standard (including releasing emissions, which
exceed quantitative thresholds for ozone
precursors)?
d) Expose sensitive receptors to substantial
pollutant concentrations?
e) Create objectionable odors affecting a
substantial number of people?
Comments:
a-e) See Mitigated Negative Declaration, Section G.
Potentially
Significant
Impact
o
o
o
o
Less Than
Significant
With
Mitigation
Incorporated
o
o
o
o
Less Than
Significant
Impact
C8J
C8J
C8J
C8J
No
Impact
o
o
o
o
Mitil!ation: The mitigation measures contained in Section H of the Mitigated Negative Declaration
would mitigate potentially significant air quality impacts to a level of less than significance.
IV. BIOLOGICAL RESOURCES. Would the
project:
a) Have a substantial adverse effect, either directly
or through habitat modifications, on any species
identified as a candidate, sensitive, or special
status species in local or regional plans, policies,
or regulations, or by the California Department
of Fish and Game or U.S. Fish and Wildlife
Service?
b) Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional plans,
policies, regulations or by the California
Department ofFish and Game or U.S. Fish and
Wildlife Service?
c) Have a substantial adverse effect on federally
protected wetlands as defmed by Section 404 of
the Clean Water Act (including, but not limited
to, marsh, vemal pool, coastal, etc.) through
direct removal, filling, hydrological
interruption, or other means?
o
o
o
o
o
o
o
o
C8J
[8J
[8J
o
4/20/2007
3
15-66
ISSUES:
d) Interfere substantially with the movement of
any native resident or migratory fish or wildlife
species or with established native resident or
migratory wildlife corridors, or impede the use
of native wildlife nursery sites?
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural Community
Conservation Plan, or other approved local,
regional, or state habitat conservation plan?
Comments:
a-f) See Mitigated Negative Declaration, Section G.
Potentially
Significant
Impact
o
Less Than
Significant
With
Mitigation
Incorporated
o
Less Than
Significant
Impact
o
No
Impact
~
o
o
Miti!!ation: The mitigation measures contained in Section H of the Mitigated Negative Declaration
would mitigate potentially significant biological resources impacts to a level ofless than significance.
V. CULTURAL RESOURCES. Would the
project:
a) Cause a substantial adverse change in the
significance of a historical resource as defined
in 9 l5064.5?
b) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to 9 15064.5?
c) Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?
d) Disturb any human remains, including those
interred outside of formal cemeteries?
Comments:
a-d) See Mitigated Negative Declaration, Section G.
o
o
~
o
o
o
~
Miti!!ation: The mitigation measures contained in Section H of the Mitigated Negative Declaration
would mitigate potentially significant impacts to paleontological resources to a level of less than
significance.
o
o
~
4120/2007
4
o
~
o
o
o
~
o
o
~
o
o
o
15-67
ISSUES:
VI. GEOLOGY AND SOILS -- Would the
project:
a) Expose people or structures to potential
substantial adverse effects, including the risk of
loss, injury or death involving:
i. Rupture of a known earthquake fault, as
delineated on the most recent Alquist -Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on
other substantial evidence of a known fault?
Refer to Division of Mines and Geology
Special Publication 42.
11. Strong seismic ground shaking?
111. Seismic-related ground failure, including
liquefaction?
IV. Landslides?
b) Result in substantial soil erosion or the loss
oftopsoil ?
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in on-
or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in Table
18-I-B of the Uniform Building Code (1994),
creating substantial risks to life or property?
e) Have soils incapable of adequately supporting
the use of septic tanks or alternative
wastewater disposal systems where sewers are
not available for the disposal of wastewater?
Potentially
Significant
Impact
o
o
o
o
o
o
o
o
Less Than
Significant
With
Mitigation
Incorporated
o
o
o
o
~
o
o
o
Less Than
Significant
Impact
~
~
~
~
o
~
~
o
No
Impact
o
o
o
o
o
o
o
~
4/20/2007
5
15-68
ISSUES:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
No
Impact
Less Than
Significant
Impact
Comments:
a-e) The project consists of a temporary use, and involves no grading, excavation or cutting/filling of
slopes, and involves only minor site preparation for the dirt track. The project is a temporary event taking
place over two separate weekends, and no permanent structures are proposed. Therefore, the project
would not expose people or structures to potential substantial adverse effects involving seismic ground
shaking, seismic-related ground failure or landslides; nor would it be affected by potential unstable soils,
or cause soils to become unstable, or result in or be affected by liquefaction or collapse. Further, the
project does not propose the use of septic tanks or alternative wastewater disposal systems. Site
preparation would have the potential to result in erosion impacts. Erosion control measures and erosion
Best Management Practices will be identified in the Implementation of Best Management Practices for
Storm Water Pollution Prevention at the Otay Ranch Championship Race Track Site and are further
detailed in Section G of the MND. With implementation of the proposed measures, impacts would be
less than significant.
Mitil!ation: The mitigation measures contained in Section H of the Mitigated Negative Declaration
would mitigate potentially significant impacts to geology and soils to a level of less than significance.
VII. HAZARDS AND HAZARDOUS
MATERIALS. Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use,
or disposal of hazardous materials?
b) Create a significant hazard to the public or the
environment through reasonably foreseeable
upset and accident conditions involving the
release of hazardous materials into the
environment?
c) Emit hazardous emissions or handle hazardous
or acutely hazardous materials, substances, or
waste within one-quarter mile of an existing or
proposed school?
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code section 65962.5 and, as a
result, would it create a significant hazard to the
public or the environment?
e) For a project located within an airport land use
plan or, where such a plan has not been adopted,
within two miles of a public airport or public use
airport, would the project result in a safety
hazard for people residing or working in the
project area?
f) For a project within the vicinity of a private
airstrip, would the project result in a safety
o
I?<J
o
o
o
I?<J
o
o
o
o
I?<J
o
o
o
I?<J
o
o
o
o
I?<J
o
o
I?<J
o
4/20/2007
6
15-69
ISSUES:
hazard for people residing or working in the
project area?
g) Impair implementation of or physically interfere
with an adopted emergency response plan or
emergency evacuation plan?
h) Expose people or structures to a significant
risk ofloss, injury or death involving
wildland fires, including where wildlands are
adjacent to urbanized areas or where
residences are intermixed with wildlands?
Comments:
a-h) See Mitigated Negative Declaration, Section G.
Mitieation:
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
0 0 0 ~
0 0 0 ~
The mitigation measures contained in Section H of the Mitigated Negative Declaration would mitigate
potentially significant hazardslhazardous material impacts to level of less than significance.
VIII. HYDROLOGY AND WATER QUALITY.
Would the project::
a) Result in an increase in pollutant discharges to
receiving waters (including impaired water
bodies pursuant to the Clean Water Act Section
303( d) list), result in significant alteration of
receiving water quality during or following
construction, or violate any water quality
standards or waste discharge requirements?
b) Substantially deplete groundwater supplies or
interfere substantially with groundwater
recharge such that there would be a net deficit in
aquifer volume or a lowering of the local
groundwater table level (e.g., the production rate
of pre-existing nearby wells would drop to a
level which would not support existing land uses
or planned uses for which permits have been
granted)? Result in a potentially significant
adverse impact on groundwater quality?
c) Substantially alter the existing drainage pattern
of the site or area, including through the
alteration of the course of a stream or river, in a
manner, which would result in substantial
erosion or siltation on- or off~site?
d) Substantially alter the existing drainage pattern
of the site or area, including through the
4/20/2007
o
~
o
o
o
o
o
~
o
o
~
o
o
o
o
~
7
15-70
ISSUES:
Potentially
Significant
Impact
alteration of the course of a stream or river,
substantially increase the rate or amount of
surface runoff in a manner which would result in
flooding on- or off-site, or place structures
within a IOO-year flood hazard area which
would impede or redirect flood flows?
e) Expose people or structures to a significant risk 0
of loss, injury or death involving flooding,
including flooding as a result of the failure of a
levee or dam?
f) Create or contribute runoff water, which would 0
exceed the capacity of existing or planned
stormwater drainage systems or provide
substantial additional sources of polluted runoff?
Comments:
Comments: (a-f) See Mitigated Negative Declaration, Section G.
Miti!!ation:
Less Than
Significant
With
Mitigation
Incorporated
o
o
Less Than
Significant
Impact
~
o
No
Impact
o
~
The mitigation measures contained in Section H of the Mitigated Negative Declaration would mitigate
potentially significant Hydrology/Water Quality impacts to a level of less than significance.
IX. LAND USE AND PLANNING. Would the
project:
a) Physically divide an established community?
b) Conflict with any applicable land use plan,
policy, or regulation of an agency with
jurisdiction over the project (including, but not
limited to the general plan, specific plan, local
coastal program, or zoning ordinance) adopted
for the purpose of avoiding or mitigating an
environmental effect?
c) Conflict with any applicable habitat conservation
plan or natural community conservation plan?
o
o
o
o
o
o
o
o
~
~
~
o
4120/2007
8
15-71
ISSUES:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Comments:
a-c) The proposed project would not permanently alter land use or propose any changes to existing or
planned uses. As such, the project would not divide an established community or conflict with any land
use plans or policies adopted for the purposes of avoiding or mitigating an environmental effect. The
project would not conflict with the City of Chula Vista MSCP Subarea Plan, (see Section IV, Biological
Resources). Therefore, the project would not result in any impacts on land use and planning.
Mitil!ation:
No mitigation measures are required.
X. MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a known 0 0 ~ 0
mineral resource that would be of value to the
region and the residents of the state?
bY Result in the loss of availability of a locally- 0 0 ~ 0
important mineral resource recovery site
delineated on a local general plan, specific plan
or other land use plan?
Comments:
a-b) The track, pit and grandstand areas of the project are located within the reclaimed portions of an
existing rock and aggregate quarry. However, resource extraction has already occurred within the portion
of the quarry where the uses are proposed. Portions of the project that are not located within the quarry
would not involve extensive excavation or earthwork (including import or export of materials) that would
have the potential to result in a loss of resources. Therefore, no substantial loss of mineral resources are
anticipated.
Mitil!ation:
No mitigation measures are required.
XI. NOISE. Would the project result in:
a) Exposure of persons to or generation of noise
levels in excess of standards established in the
local general plan or noise ordinance, or
applicable standards of other agencies?
b) Exposure of persons to or generation of
excessive groundbome vibration or groundbome
noise levels?
c) A substantial permanent increase in ambient
noise levels in the project vicinity above levels
existing without the project?
o
o
~
o
o
o
~
o
o
o
o
~
4/20/2007
9
15-72
ISSUES:
d) A substantial temporary or periodic increase in
ambient noise levels in the project vicinity above
levels existing without the project?
e) For a project located within an airport land use
plan or, where such a plan has not been adopted,
within two miles of a public airport or public use
airport, would the project expose people residing
or working in the project area to excessive noise
levels?
I) For a project within the vicinity of a private
airstrip, would the project expose people
residing or working in the proj ect area to
excessive noise levels?
Comments:
(a-I) See Mitigated Negative Declaration, Section G.
Miti!!ation:
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
1m pact Incorporated Impact Impact
0 0 rzl 0
0 0 0 ~
o
o
o
~
The mitigation measures contained in Section H of the Mitigated Negative Declaration would mitigate
potentially significant Noise impacts to a level of less than significance.
xn. POPULATION AND HOUSING. Would
the project:
a) Induce substantial population growth in an area, 0 0 0 rzl
either directly (for example, by proposing new
homes and businesses) or indirectly (for
example, through extension of road or other
infrastructure)?
b) Displace substantial numbers of existing 0 0 0 ~
housing, necessitating the construction of
replacement housing elsewhere?
c) Displace substantial numbers of people, 0 0 0 rzl
necessitating the construction of replacement
housing elsewhere?
Comments:
The proposed project would not change land uses or propose activities that would affect population or
housing growth.
XIII. PUBLIC SERVICES. Would the project:
a) Result in substantial adverse physical impacts
associated with the provision of new or
4120/2007
10
15-73
ISSUES:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
physically altered governmental facilities, need
for new or physically altered governmental
facilities, the construction of which could cause
significant environmental impacts, in order to
maintain acceptable service ratios, response
times or other performance objectives for any
public services:
Fire protection? 0 rgJ 0 0
Police protection? 0 rgJ 0 0
Schools? 0 0 0 rgJ
Parks? 0 0 0 rgJ
Other public facilities? 0 0 0 rgJ
Comments:
The proposed project would not involve changing land uses that would result in increased permanent
demand for public services personnel, equipment and facilities or result in changes in service levels. The
proposed proj ect has the potential to result in hazards associated with accidents during the race events and
therefore create a temporary increase in demand for police and fire services. In order to reduce impacts
associated with accidents, security and safety, measures will be implemented that will mitigate potential
impacts to less than significant. Implementation of the accident prevention and security/safety measures
during site preparation and operation of the CORR events will reduce impacts to less than significant.
XIV. RECREATION. Would the project:
a) Increase the use of existing neighborhood and 0 0 0 rgJ
regional parks or other recreational facilities
such that substantial physical deterioration of
the facility would occur or be accelerated?
b) Does the project include recreational facilities 0 0 0 rgJ
or require the construction or expansion of
recreational facilities which have an adverse
physical effect on the environment?
Comments:
a-b) The proposed project would not involve changing land uses that would result in increased demand
for recreational facilities or services.
Mitil!ation:
No mitigation measures are required.
XV. TRANSPORTATION / TRAFFIC.
Would the project:
a) Cause an increase in traffic which is substantial
in relation to the existing traffic load and
o
rgJ
o
o
4120/2007
11
15-74
ISSUES:
capacity of the street system (i.e., result in a
substantial increase in either the nwnber of
vehicle trips, the volwne to capacity ratio on
roads, or congestion at intersections)
b) Exceed, either individually or cwnulatively, a
level of service standard established by the
county congestion management agency for
designated roads or highways?
c) Result m a change in air traffic patterns,
including either an increase in traffic levels or a
change in location that results in substantial
safety risks?
d) Substantially increase hazards due to a design
feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
e) Result in inadequate emergency access?
f) Result in inadequate parking capacity?
g) Conflict with adopted policies, plans, or
programs supporting alternative transportation
(e.g., bus twnouts, bicycle racks)?
Comments:
(a-g) See Mitigated Negative Declaration, Section G.
Mitillation:
Potentially
Significant
Impact
o
o
o
o
o
o
Less Than
Significant
With
Mitigation
Incorporated
o
o
o
o
o
o
Less Than
Significant
Impact
o
o
o
o
~
o
No
Impact
~
[gJ
[gJ
[gJ
o
[gJ
The mitigation measures contained in Section H of the Mitigated Negative Declaration would mitigate
potentially significant Transportation impacts to a level ofless than significance.
XVI. UTILITIES AND SERVICE SYSTEMS.
Would the project:
a) Exceed wastewater treatment requirements of
the applicable Regional Water Quality Control
Board?
b) Require or result in the construction of new
water or wastewater treatment facilities or
expansion of existing facilities, the construction
of which could cause significant environmental
effects?
c) Require or result in the construction of new
storm water drainage facilities or expansion of
existing facilities, the construction of which
could cause significant environmental effects?
o
o
o
o
o
o
o
o
o
[gJ
[gJ
[gJ
4/20/2007
12
15-75
ISSUES:
d) Have sufficient water supplies available to serve
the project from existing entitlements and
resources, or are new or expanded entitlements
needed?
e) Result in a determination by the wastewater
treatment provider which serves or may serve
the project that it has adequate capacity to serve
the project's projected demand in addition to the
provider's existing commitments?
Potentially
Significant
Impact
o
o
Less Than
Significant
With
Mitigation
Incorporated
o
o
Less Than
Significant
Impact
o
o
No
Impact
t2J
t2J
f) Be served by a landfill with sufficient permitted 0 0 t2J 0
capacity to accommodate the project's solid
waste disposal needs?
g) Comply with federal, state, and local statutes 0 0 t2J 0
and regulations related to solid waste?
Comments:
a-g) The proposed project would not involve changing land uses or activities that would result in
increased demand for utilities.
Mith!ation
No mitigation measures are required.
XVII. THRESHOLDS: Will the proposal adversely impact the City's Threshold Standards?
A) Librarv
The City shall construct 60,000 gross square feet
(GSF) of additional library space, over the June 30,
2000 GSF total, in the area east of Interstate 805 by
buildout. The construction of said facilities shall be
phased such that the City will not fall below the
citywide ratio of 500 GSF per 1,000 population.
Library facilities are to be adequately equipped and
staffed.
B) Police
a) Emergency Response: Properly equipped and
staffed police units shall respond to 81 percent of
"Priority One" emergency calls within seven (7)
minutes and maintain an average response time to
all "Priority One" emergency calls of 5.5 minutes
or less.
b) Respond to 57 percent of "Priority Two" urgent
calls within seven (7) minutes and maintain an
average response time to all "Priority Two" calls
o
o
o
t2J
o
o
t2J
o
4/20/2007
13
15-76
ISSUES:
of7.5 minutes or less.
C) Fire and Emergency Medical
Emergency response: Properly equipped and staffed
fITe and medical units shall respond to calls
throughout the City within 7 minutes in 80% of the
cases (measured annually).
D) Traffic
The Threshold Standards require that all intersections
must operate at a Level of Service (LOS) "C" or
better, with the exception that Level of Service
(LOS) "D" may occur during the peak two hours of
the day at signalized intersections. Signalized
intersections west of I-80S are not to operate at a
LOS below their 1991 LOS. No intersection may
reach LOS "E" or "F" during the average weekday
peak hour. Intersections of arterials with freeway
ramps are exempted from this Standard.
E) Parks and Recreation Areas
The Threshold Standard for Parks and Recreation is
3 acres of neighborhood and community parkland
with appropriate facilities /1 ,000 population east of
I-80S.
F) Drainage
The Threshold Standarda require that storm water
flows and volumes not exceed City Engineering
Standards. Individual projects will provide
necessary improvements consistent with the
Drainage Master Planes) and City Engineering
Standards.
G) Sewer
The Threshold Standards require that sewage flows
and volumes not exceed City Engineering Standards.
Individual projects will provide necessary
improvements consistent with Sewer Master Plane s)
and City Engineering Standards.
H) Water
The Threshold Standards require that adequate
storage, treatment, and transmission facilities are
constructed concurrently with planned growth and
that water quality standards are not jeopardized
during growth and construction.
Applicants may also be required to participate in
whatever water conservation or fee off-set program
4/20/2007
Potentially
Significant
Impact
D
D
D
D
D
D
15-77
Less Than
Significant
With
Mitigation
Incorporated
~
~
D
D
D
D
Less Than
Significant
Impact
D
D
D
D
D
D
No
Impact
D
D
~
~
~
~
14
ISSUES:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
the City of Chula Vista has in effect at the time of
building permit issuance.
Comments: See comments under section XIII and XIV.
XVIII. MANDATORY FINDINGS OF
SIGNIFICANCE
a) Does the project have the potential to degrade 0 0 !Z;J 0
the quality of the environment, substantially
reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop below
self-sustaining levels, threaten to eliminate a
plant or animal community, reduce the number
or restrict the range of a rare or endangered plant
or animal or eliminate important examples of the
major periods of California history or
prehistory?
b) Does the project have impacts that are 0 0 !Z;J 0
individually limited, but cumulatively
considerable? ("Cumulatively considerable"
means that the incremental effects of a project
are considerable when viewed in connection
with the effects of past projects, the effects of
other current project, and the effects of probable
future projects.)
c) Does the project have environmental effects 0 0 !Z;J 0
which will cause substantial adverse effects on
human beings, either directly or indirectly?
Comments:
Due to the limited scope, temporary nature and time frame for the proposed activities, it is not anticipated
that the project would result in significant environmental effects. The project would not have direct
effects on habitats or species, and the identified indirect effects have been found to be less than
significant. Cumulative impacts are not considerable due to the fact that the project is short-term in
nature, and that its individual effects are either less than significant, or mitigated to a less than significant
level. Based on the analysis provided in the MND, it is not anticipated that the project would cause
environmental effects that would result in direct or indirect substantially adverse effects on human beings.
XIX. PROJECT REVISIONS OR MITIGATION MEASURES
See MND
4/20/2007
15
15-78
XX. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project,
involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant
Unless Mitigated," as indicated by the checklist on the previous pages.
o Land Use and Planning
o Population and Housing
[8J Geophysical
o Agricultural Resources
[8J Hydrology/Water
o Air Quality
o Threshold Standards
[8J TransportationlTraffic
[8J Biological Resources
o Energy and Mineral
Resources
[8J Public Services
o Utilities and Service Systems
o Aesthetics
[8J Hazards and Hazardous
Materials
o Noise 0 Recreation
o Mandatory Findings of Significance
[8J Cultural Resources
4/20/2007
16
15-79
XXI. DETERMINATION
On the basis of this initial evaluation:
I find that the proposed project could not have a significant effect on the 0
environment, and a Negative Declaration will be prepared.
I find that although the proposed proj ect could have a significant effect on the ~
environment, there will not be a significant effect in this case because the
mitigation measures described on an attached sheet have been added to the
project. A Mitigated Negative Declaration will be prepared.
I find that the proposed project may have a significant effect on the 0
environment, and an Environmental Impact Report is required.
I find that the proposed project may have a significant effect(s) on the environment, 0
but at least one effect: 1) has been adequately analyzed in an earlier document
pursuant to applicable legal standards, and 2) has been addressed by mitigation
measures based on the earlier analysis as described on attached sheets, if the effect is
a "potentially significant impacts" or "potentially significant unless mitigated." An
Environmental Impact Report is required, but it must analyze only the effects that
remain to be addressed.
I fmd that although the proposed project could have a significant effect on the 0
environment, there will not be a significant effect in this case because all potentially
significant effects (a) have been analyzed adequately in an earlier EIR pursuant to
applicable standards and (b) have been avoided or mitigated pursuant to that earlier
ErR, including revisions or mitigation measures that are imposed upon the proposed
project. An addendum has been prepared to provide a record ofthis determination.
L( /20 /0+
Date
len r; ube
Environmental Projects Manager
City of Chula Vista
412012007
17
15-80
J\ttashment }\. Appendix A
IMPLEMENTATION OF BEST MANAGEMENT PRACTICES
FOR
STORM WATER POLLUTION PREVENTION
AT THE PROPOSED
CHULA VISTA RACEWAY SITE
The Chula Vista Raceway site improvements are scheduled to be completed by June of 2007, with
the initial racing event scheduled for June 9th and 10th, 2007. There is an additional race event
scheduled for Sept. 29th and 30th, 2007. Improvements associated with the production of race
events will be temporary, and will be removed upon completion of the final race event. A site-
specific Storm Water Pollution Prevention Plan (SWPPP) has been developed, and will be used
during the grading phase and also will be followed during all race events held at the site.
It is the intention of James P. Baldwin and Associates and CORR Racing to take all necessary
precautions to prevent any instances of storm water pollution from occurring due to activities at this
site. In order to achieve and maintain compliance with all applicable storm water regulations,
operations at the site will incorporate the use of Best Management Practices as described in the
SWPPP as approved by the City of Chula Vista, as well as any additional requirements imposed by
the City.
After all construction related activities at the site have been completed, a Notice of Termination will
be filed with the State of California, leaving discharges associated with future operations at the site
subject to regulation under the jurisdiction of the City of Chula Vista Storm Water Ordinance,
County of San Diego Hazardous Waste Storage and Disposal Regulations, and current NPDES
regulations.
Best Management Practices have been developed for racing events at the Chula Vista Raceway
site, and will be implemented before any vehicle traffic is permitted on the race course. A
description of these BMP's would include the following:
EXISTING I PRE RACE EVENT BMP's
Erosion I Sediment Control- Improvements at the site will consist of a temporary gravel race track,
placement of temporary bleachers, fencing, vendor facilities (trailers), portable sanitation, gravel
access roads, parking lots, storage areas, vehicle maintenance facilities (pit area), vehicle wash
station, hazardous waste containment area, and trash storage areas. All temporary improvements
will be removed from the site at the conclusion of the final race event.
During the construction phase, any sediment laden runoff will be directed to one of two existing
desilt basins. The outlets of these basins will be capped to eliminate any discharge to the Otay
River.
An existing perimeter berm at the southern boundary between the site and the Otay River will be
reinforced to prevent any inadvertent runoff from reaching the river.
In addition, the racetrack will be graded along ridge lines, or elevated such that all runoff from the
track drains toward an infield retention area designed to capture run off from the track surface and
hold it to allow for infiltration or future removal. Treatment BMPs such as bio-swales, hay bales, etc
will be used in areas of minor slopes where runoff does not drain directly to a retention basin.
1
15-81
Dust control will be accomplished by the use of water trucks during the earth moving stages of
construction.
Silt fences are used at the perimeter of the site, with gravel bag reinforcement in all areas of
concentrated flows. In natural watercourses, additional gravel bags are used to supplement silt
fences, providing additional erosion control and velocity reduction. The locations of erosion control
BMP's are shown on the Erosion Control exhibit in the SWPPP.
A stabilized construction entrance will be provided at the entrance to the site. Street sweeping will
be performed as needed to keep mud from accumulating on paved entrance roads leading to the
site.
BMP's for erosion and sediment control may also include the use of geo-textiles, erosion control
blankets, tackifier and bonded fiber matrix (BFM).
All disturbed areas will be temporarily stabilized, until permanent methods of stabilization can be
utilized. Temporary and permanent examples of BMP's for sediment control include the use of silt
fences, gravel bags, fiber rolls and retention basins.
RACE EVENT BMP's
Hazardous Material Containment Areas - BMP's utilized during Race Events include secondary
containment at vehicle maintenance (pit) areas, hazardous materials storage areas, vehicle wash
stations, portable bathrooms, trash disposal and materials storage areas. Additionally, any fuel
drum storage and used oil storage areas will be contained and also bermed. Hazardous materials
are to be placed in closed containers to prevent contact with runoff and to prevent spillage to the
storm water conveyance system. Secondary containment, such as berms or dykes, will also be
provided. Vactor trucks will be used to remove runoff from the containment areas and the collected
runoff will be disposed of in accordance with City standards. Hazardous Waste containers will
remain covered at all times. Run-on from adjacent areas will be prevented from coming into contact
with the containment areas. Attached lids are provided on all trash containers to minimize direct
precipitation.
Site Runoff - Two desilting basins will be used as retention basins. Outlets will be blocked off so
that no runoff will be allowed to discharge from these basins. At the conclusion of each racing
event, accumulated debris and pollutants will be removed from these basins and disposed of in
accordance with City standards. A temporary chain link perimeter fence will be located at the
perimeter of the site to prevent the escape of wind blown trash and debris. There is an existing
earthen berm along the southern edge of the proposed race track facilities that will also prevent
any direct run-off into the Otay River.
Maintenance - Dust and trash control measures are included as well. To further inhibit sediment
migration, the track will be watered between races. Access roads and parking areas will be
routinely watered as well. Onsite trash collection will be performed throughout each event. Parking
areas are graded, with silt fences and bio-filters along the perimeter to treat oil and grease from
parked vehicles.
There are no permanent utilities at the site. Generators, water trucks, a vactor truck, and portable
bathroom facilities will be utilized. No temporary facilities will remain on site after the final race
event. Long term maintenance of all remaining BMP's are the responsibility of James P. Baldwin
and Associates and CORR Racing, who guarantee performance of proper BMP maintenance by
the posting of a performance bond as required by the City of Chula Vista.
2
15-82
Access Roads - There is one proposed access roads into the site. This will be used for public
access and emergency access during race events. The main entrance to the facility is from the
intersection of Main Street and Heritage Road and runs eastward on Wiley Road toward the
existing rock quarry. The main access road will have a crushed asphalt base 6" in depth, for the
first 200' from the point of entry. Maintenance will be continuous during race events. James P.
Baldwin & Associates and Championship Off Road Racing (CaRR) will be responsible for the
maintenance of these construction entrances and all other BMP's described herein.
Trackina - To insure that no tracked sediment reaches the storm drain system, a sweeper truck will
be employed to remove any sediment deposited onto Main Street or Heritage Road due to
increased traffic during race events. All efforts will be made to prevent mud from being tracked
onto public roads. In no case will vehicles be permitted to drive on, or park in muddy areas, or to
leave the site without first removing any accumulations of loose mud. In the event of rain, all race
events will be rescheduled.
Wind Erosion/Dust Control - Silt fencing and temporary chain link fencing will be provided at the
site perimeter to prevent escape of trash, debris or sediment to the surrounding area. This BMP is
designed to capture wind-blown pollutants. To enhance the dust control efforts, the track will be
watered extensively between races. To enhance trash control efforts, onsite trash collection is
provided throughout race events.
POST CONSTRUCTION BMP's
Desilt Basins - Runoff from the track drains to at least three infield retention basins. These basins
are designed as retention basins. In other words, no runoff is allowed to discharge from these
basins. The remaining portion of the track facilities will drain to two retention basins located near
the southern boundary. These basins will have no outlets, and will serve as treatment for runoff
from the remaining portion of the race track and areas to the west of the track. The two pre existing
basins at the south boundary with the Otay River will remain after race events have concluded.
Site Runoff - A perimeter berm is located at the grading limits to prevent the discharge of trash,
debris or sediment to the surrounding area, and will remain in place post race events.
Veaetation - Existing vegetation has been retained where ever possible. As the site is currently in
use as a rock quarry, a large percentage of the site has been previously disturbed. The site will
revert to the existing use as a rock quarry after the final race event.
FUTURE SITE CONSIDERATIONS
BMP's for the prevention of Storm Water Pollution, including but not limited to the above described
items, will remain in place until the conclusion of race events at this location.
The site will revert to its current use as a rock quarry at the conclusion of scheduled racing events.
A site specific SWPPP along with approved BMP's will be implemented for future rock quarry
operations.
RH 4/16/2007
3
15-83
ATTACHMENT "A"
MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
OTAY RANCH CONDITIONAL USE PERMIT FOR TEMPORARY
CHAMPIONSHIP OFF-ROAD RACE 2007 - IS-07-030
This Mitigation Monitoring and Reporting Program has been prepared by the City ofChula Vista
in conjunction with the proposed Otay Ranch Conditional Use Permit for Temporary
Championship Off-Road Race 2007 (MND IS-07-030). The proposed project has been
evaluated in an Initial Study/Mitigated Negative Declaration prepared in accordance with the
California Environmental Quality Act (CEQA) and City/State CEQA Guidelines. The
legislation requires public agencies to ensure that adequate mitigation measures are implemented
and monitored for Mitigated Negative Declarations.
AB 3180 requires monitoring of potentially significant and/or significant environmental impacts.
The Mitigation Monitoring and Reporting Program for this project ensures adequate
implementation of mitigation for the following potential impacts(s):
1. Air Quality
2. Biological Resources
3. Cultural Resources
4. Geology/Soils
5. Hazards/Hazardous Materials
6. Hydrology and Water Quality
7. Public Services
8. Transportation/Traffic
MONITORING PROGRAM
Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinators
shall be the Environmental Review Coordinator and City Engineer of the City of Chula Vista.
The applicant shall be responsible to ensure that the conditions of the Mitigation Monitoring and
Reporting Program are met to the satisfaction of the Environmental Review Coordinator and
City Engineer. The applicant shall provide evidence in written form confirming compliance with
the mitigation measures specified in Mitigated Negative Declaration IS-07-030 to the
Environmental Review Coordinator and City Engineer. The Environmental Review Coordinator
and City Engineer will thus provide the ultimate verification that the mitigation measures have
been accomplished.
Table I, Mitigation Monitoring and Reporting Program Checklist, lists the mitigation measures
contained in Section H, Mitigation Necessary to Avoid Significant Effects, of Mitigated
Negative Declaration IS-07-030, which will be implemented as part of the project. In order to
determine if the applicant has implemented the measure, the method and timing of verification
are identified, along with the City department or agency responsible for monitoring/verifying
that the applicant has completed each mitigation measure. Space for the signature of the
verifying person and the date of inspection is provided in the last column.
15-84
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ATTACHMENT "B"
Response to Comments on DRAFT MND IS-07-030
(30-day public Review Period: April 20, 2007 through June 21, 2007)
COMMENT REFERENCE COMMENT PROVIDER
CommentsJResponses Theresa Acerro
A-I through A-lO PO Box 8697 Chula Vista
Letter provided May 7,2007 at RCC Hearing
CommentslResponses Sierra Club
B-1 through B-ll San Diego Chapter
3820 Ray Street
San Diego, CA 92104
Letter postmarked May II, 2007
Frank Ohrmund
CommentslResponses 2433 Fenton Street, Suite A
C-I through C-4 Chula Vista, CA 91914
Comment received via e-mail dated May 9, 2007
CommentslResponses Michael Behan
D-I throum D-5 Letter received via e-mail dated May I, 2007
CommentslResponses County of San Diego
E-I through E-12 1600 Pacific Highway, STE 209
San Diego, CA 92101
CommentslResponses Theresa Acerro
F-I PO Box 8697 Chula Vista
Comment received via e-mail June 21, 2007
CommentslResponses U.S. Fish and Wildlife Service / CA Department of
G-I(a-f) through G-3 Fish and Game
60 I 0 Hidden Valley Road
Carlsbad, California 92011
Page I of 24
15-97
Mr. Glen Laube
Environmental Projects Manager
276 Fourth Avenue
Chula Vista, Ca 91910
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RE: Conditional Use Permit for Temporary Championship Off-Road Race 2007, Case
#18-07-030
Dear Mr. Laube,
Please consider this letter a formal response to the MND for this project.
TbelntesmtvoftheOVRP _b. -t~J\-'\SC~
I have always believed that one of the most important goals of the OVRP is to
keep open a wildlife corridor enabling species to move freely from the hay area along the
rjparian lands east to the Otay Mountains. The selected active recreation sites were never A~ I
intended to preclude this wildlife function nor to impact upon the passive uses of the park
for wildlife observation, hiking, biking, etc. There bas never been any consideration
given to Off Road Vehicle (ORV) use along this park corridor. Motorized vehicle use is
inconsistent with the park mission and vision, the Multiple Species Conservation A .2
Program (MSCP), and the Otay River Watershed Management Plan. In fact much time
and effort are spent keeping ORVs out of the park and off old dirt roads and trails.
The Specific Area Management Plan (SAMP) bas not been completed for the 1
Otay Watershed yet but certainly activities like ORV use will not be consistent with the A- -z.
SAMP. Motorized vehicles (except emergency vehicles or wheelchairs) are not allowed ';:J
on any trails in open space areas in Chula Vista with good reason.
1 am concerned that this event could set a precedent allowing other inconsistent -,
activities within and adjacent to the OVRP. The proposed event clearly has more than
adjacency impacts. There is a section of the MSCP lands that is directly impacted on the
north side of the river. One could also consider that driving through the MSCP lands in A4
Wolf Canyon and the river bottom are also direct impacts even though the dirt roads
being used are easements and fenced on both sides. The amount ofuse for shuttling
during the days of this event will be many, many times the use by Border patrol or SDGE
or other authorized public authority in a year's time. 1 am concerned that this event will
be used to collect data and set precedence for a permanent use of this type.
The biological restoration projects undertaken in or around endangered species
habitat have in the past taken six months or longer to receive the agency permits and
complete the studies necessary to begin the project. We now have detention basins and A . S..,
drainages in Chula Vista that need cleaning for maintenance purposes and have been ~
awaiting permits for some time. Submitting an application on March 28 and having pre-
race activities begin on June 7 is outrageous and unheard of.
Also the MSCP supposedly has very strict prohibitions against any kind of a
disturbance during breeding season, generally March 15 through September 15. This has
held up many construction projects. The construction along highway 94 requires a ten- A I
foot or higher thick plywood wall all along the riparian corridor in order to continue . t7'
during breeding season. This preferential treatment for this applicant is totally
unacceptable and a very bad precedent.
15-98
Biololff
The biological letter indicates there are breeding Gnatcatchers and Vireos in the
area Allowing this use with the only precaution being putting plywood on the backs of
the bleachers really sets a very bad precedent for preventing future disturbances during ^- L
breeding season. It is commendable that there will be a survey of camping and parking (Tel
areas for burrowing owl nests and any found will be protected, but by June there are apt
to be other babies being cared for by animal mothers as well, which also deserve
protection, whether they are a sensitive species or not.
Domestic animals and unauthorized access to preserve areas are mentioned as
potential negative impacts. All domestic animals have to be prohibited from this event
unless there will be strict monitoring and enforcement ofleash laws. How strict and how
many monitors will be on hand to prevent people using both the parking and the camping
areas from not waiting for the shuttle but just walking or straying beyond the 3 strand
fencing is not specified in the MND. The number of and the placement of monitors is
critical to evaluating how well intrusions will be prevented. As now written protection is ! 11:1-
totally inadequate and not mitigated to below the level of significance. USFWS has a " - T
huge amount of evidence indicating how poorly fencing and signs alone prevent
intrusions in sensitive habitat. Since an educational program is difficult if not impossible
for a four- day event, there must be numerous well- trained security guards. It must
explicitly be explained to guards and monitors what behaviors they are on hand to
prevent. There is now no specific mitigation requiring a set number of guards/monitors or
specifYing where they will be stationed.
NOISE
The noise letter says the event will provide structural elements for sound
attenuation but only mentions the plywood behind the bleachers. Fireworks are
particnlarly frightening to wildlife since they sound like gunshots and are unique light
displays. They are also a fire hazard adjacent to tinder dry habitat. Fireworks should be
prohibited entirely.
The biological report on page 8 says that the noise analysis measurements "in
portions of the quarry adjacent to sensitive habitat areas in the Preserve indicate noise
level of up to 78 dB Leq." Looking at the chart on page 5 in the noise letter one sees that
this location is in the MSCP preserve above the quarry orcousiderably north of the race
venue and the Vireo nesting sites to the south. There was no measurement taken from the
preserve area to the south or the west or the east. Since the level measured near the quarry
scales was 68 one can assume that across the river from the quarry (over 1,000 feet
south), which is separated from the quarry by the entire span of the race venue (a no A- q
longer used portion of the quarry) the ambient sound is less than 68 dB, but certainly 0
would not be anywhere near the 78 above the quarry or within the quarry itself. One
wonders why the measurements were taken where they were unless for the express
purpose of trying to prove the birds were accustomed to high decibel noise. The reality is
most likely that the birds avoid the area above the quarry where the 78 dB measurement
was taken and hang out south of the river and to the west in Wolf canyon where the noise
from the races will be highest. Least Bell's Vireo is a riparian species. The recorded
nests above the quarry are for Gnatcatchers. There are no recorded locations of vireos
nests above the quarry, which is almost 3,000 feet from the riparian corridor, according to
Figure 5 of biological letter. There is no date given for the historical nests. Since there is
15-99
one for a Gnatcatcher in the quarry itself I wonder if some of them might predate the
quarry or at least be from the beginning days of the quarry.
Pa2e 12 of the noise letter states that "The proposed proiect would e:enerate
noise levels e:reater than 60 dB hourlv Lea noise level within portions oftbe adiacent
biolol!:ical habitat areas. On page ten it states the P A system would generate noise of A_Q
70dB or less in habitat areas. On page 9 it states the 85dB race noise would be reduced by ,...... 0
plywood and elevation difference to 75 dB "on sensitive habitat to the immediate south
of the facility," where one would expect to find Vireos. This is cIearlv an unmiti2ated
ne2ative impact upon sensitive species. June is the time when eggs are likely to have
hatched and a bird being frightened from a nest will result in the death of the young.
Air Ouafitv
The report admits that the emissions of CO are above emissions thresholds. It is
questionable whether this would be a "hot spot" or not, but it certainly makes one wonder A .t:t
about Coors events that draw even more traffic. The PM emissions are a concern because '" I
mitigation requires frequent watering down of the roads and venue, which is a tricky
proposition since one does not want to have mud.
Li..htine: J
Lighting is a tricky proposition too since the camping area and the parking area j
are in the middle of the MSCP land. It is doubtful if pointing lights down and away from {'to t 0
habitat will reduce the impact to a level below significance for wildlife.
Sincerely,
~, .<./ -^-
;/J~~ --
Theresa Acerro
PO Box 8697
Chula Vista, CA 91912
(619) 425-5771
15-100
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Chapter Chair:
Joe Zecllman 619-709-6268
Administrative Assistant:
Manha Coffman 619-299-1743
mcuffman@fierraclubsandiego.org
Administrative & Volunteer Coordinator:
Cheryl Reiff 619-299-1741
creijJ@fJerraclubsRndiego.org
www.sierraclubsandiego.org
-':..,-...-.,.-,.,..--.."...._,,..~-''',.,.,-.,-,='''-
(A:;--. S I E RRA
CLUB
""f-9\~N'Diitj.fi~j-l
Sierra Club, San Diego Chapler
3820 Ray Street
San Diego, CA 92104
Mr. Glen Laube
Environmental Projects Manager
276 Fourth Avenue
Chula Vista, Ca 91910
glaube(ij)ci .chula-vista.ca. us
RE: Conditional Use Permit for Temporary Championship Off-Road Race 2007,
Case #IS-07-030
Dear Mr. Laube,
Part of the mission of the Sierra Club is to explore, enjoy and protect the
wild places of the earth and practice and promote the responsible use of the
earth's ecosystems and resources. Please consider this letter the Sierra Club's
formal response to the MND for this project.
The Intel!ritv of the OVRP and MSCP
The Sierra Club has been led to believe that one of the most important
goals of the OVRP is to keep open a wildlife corridor enabling species to move
freely from the bay area along the riparian lands east to the Otay Mountains. The
Sierra Club and its members wholeheartedly agree with this goal. As the wildlife
of San Diego County are increasing confined to smaller and smaller habitats these
wildlife corridors become more and more critical to their existence. The location
of this active recreation area has been a concern tor some time since the corridor
to the north is so narrow. It has been our understanding that the use of these
active recreation areas would be a matter for much community discussion and
analysb, after they were dedicated to the preserve, in order to insure the
protection of the adjoining preserve lands. In complete disregard of this process a
camping area has arbitrarily been placed upon one of these active recreation
parcels for the duration of this proposed event with less than 45 days for any
comment. This is an unacceptable procedure.
There has never been any consideration given to Off Road Vehicle (ORY)
use along this park corridor. Motorized vehicle use is inconsistent with the park
mission and vision, the Multiple Species Conservation Program (MSCP), and the
Otay River Watershed Management Plan. The Specific Area Management Plan
(SAMP) has not been completed for the Otay Watershed yet but certainly
activities like ORV use will not be consistent with the SAMP. In fact much time
and effort are now spent keeping ORYs out of the park and off old dirt roads and
trails. To allow the shuttling of 10,000 people a day for four days through the
15-101
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Otay River and Wolf Canyon on existing dirt roads is not an adjacency issue. It is
setting a terrible precedence for inappropriate use of preserve lands and surely
causing significant direct negative impacts, which were not analyzed. Motorized
vehicles (except emergency vehicles or wheelchairs) are not allowed on any trails
or dirt roads in open space areas in Chula Vista with good reason. The amount of
use for shuttling during the days of this event will be many, many times the use
by Border Patrol. SDGE or other authorized public authorities in a year's time. R..
There is absolutelv no analvsis of this inappropriate use in the MND. Fencing U'''3
with three-wire fence both sides of the roads may confine the people to the roads,
but does nothing to mitigate the effect upon the roads themselves or the negative
effect of the traffic upon the preserve lands. There should be an analysis of Land
Use impacts since clearly there m significant negative impacts in further
compacting the land and legitimizing trespass. This is a huge failing of the MND.
Wolf Canyon and this section of the Otay Valley are 100% preserve lands
according to the MSCP. There is also a section of the MSCP lands that is directly
impacted on the north side of the river-a section, which was an important part of
the corridor until a previous owner degraded it. This section is scheduled to be I)
returned to habitat in the future. Generally any kind of activity within a preserve I;)
area-even restoration-requires a lengthy process to obtain permission and permits, Lf
but this applicant submitted an application on March 28 and expects to hold pre-
race activities on 6/7. This makes us suspect that a thorough enough analysis
could not possibly have been done to reach the conclusion that all negative effects
have been identified, much less mitigated.
Biolol!V
Even though the Chula Vista MSCP identifies a shorter period of time for
breeding season than what is commonly used this weekend in June is within the
dates where activities are prohibited in order to protect breeding animals. The
sensitive species in this case would be the Gnatcatchers and Least Bell's Vireo,
which historically nest in this part of the preserve. It is another extremely bad B-t:
precedent to allow this event in the middle of preserve land during breeding ~
season with the only precaution being putting plywood behind the bleachers. It is
noted that a survey will be made in the parking and camping areas for burrowing
owl nests, and any nests found will be protected. This is definitely an appropriate
mitigation.
The Sierra Club was told that domestic animals have been prohibited but if
people show up with them the leash laws will be strictly enforced. It is critical that
more details be included in the Mitigation Monitoring program as to the training
the security guards will receive, the rules that will be enforced, the number of
guards and where they will be stationed. Without this information there is B I
absolutely no way of determining if the mitigation is adequate to prevent the - tv
negative effect or not. There is a great concern that people will not wait for the
shuttle but take off on foot through the preserve to the event from the camping
and/or parking areas. USFWS has a huge amount of evidence indicating how
poorly fencing and signs alone prevent intrusions into sensitive habitat. There is
15-102
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also the possibility of people and vehicles bringing seeds of invasive non-native 11\
plants into the preserve on tires and shoes, which is ignored in the MND. ".J .
Noise
Because this is a temporary event the letter states that it is exempt from the
Chula Vista noise analysis. Because there is an intention to use data collected to
apply for a pennanent pennit there is an attempt to show that the noise will meet B-7.
city standards at the nearest residential homes. The analysis completely ignores'" T
section B of the Chula Vista Exterior Noise Ordinance, which surely will apply to
off-road races.
Noise is recognized as an adjacency issue for the wildlife and the
conclusion is that in the habitat areas to the south the noise will reach 75dB after
mitigation. This is completely unacceptable and an unmitigated nel!ative effect of
the activity since the accepted threshold is 60 dB. The lame attempt to change the
threshold to an ambient noise level of 78 dB Leq uses a measurement taken in
habitat above the quarry, considerably more than 3,000 feet away from historical
vireo nests. 68 dB ambient noise was measured at the scales located in the VIP
parking area over a 1,000 feet from the historic nests. No measurements were
taken in the habitat area to the south, so there is NO justification for not using the 11 , <is'
usually accepted threshold of 60 dB for negative noise impacts in habitat areas. D
Blasting cannot be considered since it is not an event that occurs on an hourly
basis and is ofvery short duration.
Paee 12 of the noise letter states that "The proposed proiect would
eenerate noise levels ereater than 60 dB hourlv Lea noise level within
portions of the adjacent bioloeical habitat areas. On page ten it states the P A
system would generate noise of 70dB or less in habitat areas. On page 9 it states
the 85dB race noise would be reduced by plywood and elevation difference to 75
dB "on sensitive habitat to the immediate south of the facility," where one would
expect to fmd Vireos. This is c1earlv an unmitieated neeative impact upon
sensitive sDecies.
In Summary
The Sierra Club considers the MND for this project to be inadequate
because: J
I. There is no analysis as to the long and short-tenn negative impacts of this Q. Q
land use upon Land Use policies associated with the various Resource \J- I
Management Plans for this area and the MSCP.
2. The potential for Significant Negative effects caused by domestic animals,
human intrusion and the introduction of exotic, invasive species is
acknowledged, but there is no detailed mitigation indicated showing how
these intrusions will be prevented. Saying no one will deliberately plant an
invasive species does not mean that a tire or a shoe will not carry seeds Q
into the preserve area. (This is just one problem with allowing people to \J. c"D
pass through the preserve to get to activities not related to the preserve
function.) Saying there will be private security does not show where that
security will be located or how that security will prevent, exactly which
15-103
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negative behaviors. Signs and fencing are not adequate deterrents when 4..
people are surrormded by preserve land and allowed to cross it several ~\-
times a day. .
3. It is predicted that ~he noise th;~shold of 60 .dB :-vill be surpassed in the r2._ "
preserve, thus causmg an unmitigated negatIve Impact. I~
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Sincerely,
f~/f Pf/l
I /16mda 1. f!ri~gs .
...."... ConservatIon Chm
Sierra Club, San Diego Chapter
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15-104
Page 1 of3
Glen Laube
c.
From: Frank Ohrmund [frank@otayrealestate.com]
Sent: Wednesday, May 09, 2007 10:09 AM
To: Marisa Lundstedt; Glen Laube
Subject: FW: Resource Conserv. Commission meeting last night.
Marisa/Glen,
My modified comments are below.
10
Frank Ohrmund
Broker/Owner
Otay Real Estate
2433 Fenton Street, Suite A
Chula Vista, CA 91914
619-397 -5300 voice
619-397 -5370 fax
858-945-4974 cell
From: Frank Ohrmund [mailto:frank@otayrealestate.com)
Sent: Wednesday, May 09, 2007 9:31 AM
To: 'Marisa Lundstedt'
Subject: FW: Resource Conserv. Commission meeting last night.
Marisa,
Your request to identify deficient items in the environmental document supporting a Mitigated Negative Declaration
should include the following. Please pass this on as my objections to the environmental document.
1. Glen explained the true extent of the study and its relevance for a temporary useJ C-,
2. After quick archeological review, the camping site was now reduced to half its size. If this is enough land, still,
then why was the entire area desired in the first place. Based on typical processes for consultants to complete
their work, this process for them and staff and the public to review each environmental issue is not adequate.
Consultant's work must have been rushed and appears to be incomplete when compared to typical reports for G ~
similar projects. Not enough mention of alternatives have been made. The campground should have been ~ ~
moved to the parking area and should have been studied as an alternative. With such a quick review and study
by the consultants, with current modification still being made, this environmental document supporting the
mitigated negative declaration was compieted in haste and more time should be allowed for alternatives to be
developed.
3. No typical delays are being made for breeding season. The, truly, higher noise than quarry operations is an uj C.3
mitigated impact whether or not its breeding season. .
4. No plan has been made to limit the non-native plants from dominating the camping site area after the current~
grasses are trampled down to a bare dirt lot. These non-native plants will re-establish themselves quicker than le.y
native plants and will then disperse their seeds. A plan to spray or weed these plants needs to be completed fo i .,
next winter's growing season.
The following are comments on thsct as a'wn6r;, that question staffs authority to support this project based on
planning documents approved by t e eveloper. I think a legal opinion needs to be made on the conversion of any use
within the Preserve prior to dedication to the Preserve Owner/Manger or City of Chula Vista.
1. We have no declaration from the POM (Preserve Owner/Manager) for Otay Ranch on what their recommendation is
05/17/2007
15-105
Page 2 of3
for CORR's proposal, and what its affect on the Preserve land, they manage, would be. This is for the unauthorized
use of land at the south end of the Quarry that is south of the Quarry property line (in the MSCP) and the proposed
Camping site. The camping site is talked about in the Otay Ranch General Plan, Resource Management Plan 1 &2 as
being suitable for "active recreation" within the Preserve. This use would only be allowed to be converted from its
current use after its dedication into the Preserve. At that time, the POM would oversee, with the JEPA, what active
recreational uses could be developed by the park or a private enterprise. This can only happen after its dedication to
the Preserve. Until the property is dedicated into the Preserve, language in Otay Ranch's own, self-imposed, planning
document states that only existing farming can continue as a use in the Preserve. We need a legal opinion to
determine if the Otay Ranch Planning documents preclude this change in use prior to its dedication to the City
Preserve.
2. The Chula Vista's MSCP calls for the "camping site" as a "Planned Active Recreation Area - Subject to RMP
Policies and OVRP Planning". This same area is identified as a "Park Study Area" and that is because Figure 3-3 in the
MSCP has determined that there is Tier I, II and III habitat to be impacted by development. Driving on and clearing this
land hap-hazardly will most likely increase non-native plants in this area without a better plan. This would only matter if
they somehow can support skipping #1 above.
3. The owner's of the Property have not shown that what they are planning is a net benefit to the community. They
have essentially stopped quarry operations, which has increase material costs in the South Bay by 10-15%. Material
for concrete, road base, and asphalt now needs to be trucked from north Lakeside. By closing the Quarry or operating
it at a small fraction of its capacity is costing the community millions in trucking costs. The use would only be for a
handful of millionaire racers and their sponsors. The public will not be able to use the facility. No local racers came to
support this use at the public meetings. This is a playground for the elite period. No contribution to the park has been
offered. No net benefit has been supported.
>
> 4. This CUP is just a place mat that would allow them to process the "real" project later. Which now have admitted
that they will soon do. Why let them do this with little review, when all the planning documents call for more study and
involvement with the POM and OVRP JEPA. The owner's of the Property, CORR and Otay Ranch Company have
plenty of land available for this facility and/or can hold the races at one of their other tracks this year. Their land in Otay
Ranch has held this race before and I am sure they can do it again. This land is farmland away from the Preserve and
it would be a better option to give them permission to grade this area while we process any application for a permanent
use at the Quarry Property. This way all those responsible can properly review and comment on their project. This
project should be completely outside the Preserve.
5. No changes to a quarry operation can be made without modifying the Major Use Permit and/or completing the
Reclamation Plan. Since there is no Major Use Permit, and we are changing the use, the City should now require the
quarry to be permitted under a use permit. Or they can close the quarry, complete the Reclamation Plan work and then
process their Conditional Use Permit. At the very least, they need to deal with the Reclamation Plan before changing or
modifying the use. City Staff stated that the Reclamation Plan allows for dirt to be moved and that is their justification
for allowing them to move it into the form of a racing track. This is just bad logic and can't be defended by any sane
person. This project needed a grading permit. The State Office of Mine Reclamation will have something to say about
that reasoning.
Respectfully submitted,
Frank Ohrmund, Secretary
Friends of Otay Valley Regional Park
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15-106
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05/17/2007
15-107
Date: May 1,2007
To: OVRP Citizen Advisory Committee via the Established Sub -committee
From: Michael Behan, Committee Member rep. City of Chula Vista
Subject: Review of the Mitigated Negative Declaration for Championship Off-road
Racing
I've read the Mitigated Negative Declaration document and find myself, for the most part,
in favor of the Championship Off-road Racing event taking place. As a retired Recreation
professional (34 years in the field) I believe that this event is consistent with providing
recreational service to support the greater public good. The event, as stated, is proposed
for four days with a planned attendance of 10,000 each day. Simple math tells me that
approximately 40,000 people will visit the site allowing, what must be considered, one of
the larger recreational opportunities to take place in Chula Vista this calendar year. The
fact that the event is commercial and admission is charged has no bearing on the potential
for the average citizen to enjoy attending. One has only to look a few hundred yards
from this proposed CaRR venue to find Knott's Soak City and the Coor's Amphitheater,
both providing needed and sought out recreational opportunities. I don't find allowing
the CaRR's temporary 4-day event to be onerous and of great impact to the trail users in
the area. The walkers and riders will still have 361 days in the year to e~oy the peace and
solitude that can be found adjacent to a working stone quarry.
The document on page 9 of36, section E. Compliance with Zoning and Plans states:
"Because the use is temporary and subject to a Conditional Use Permit, a consistency
determination relative to General Plan land use designations is not applicable." This
statement alone seems to render most ofthe arguments I heard expressed last week at the
Citizen Advisory Committee and Policy Committee moot, especially when one considers
the fact that the proposed venue is on privately held land with high levels of mitigation
proposed.
Protection of the Otay Valley Regional Park's environment from any mistreatment from
outside impacts is of primary concern. At this time, however, there is no empirical data,
no proof, to substantiate any allegations that this specific event will negatively impact
the park's environment or surrounding neighborhoods. Although, minus the data, one
can certainly surmise some ofthe potentials impact to the area: I) Air Quality, 2) Sound
Pollution 3) Hydrology and Water Quality, 4)Drainage/Toxics, etc. I believe that the
document appears to respond to each of these issues with viable answers on surmised
Issues.
I strongly suggest that before the event is permitted the applicant provide a plan to
document the impacts of the temporary event on the surrounding environment and
community. The plan should include but not be limited to:
. Sound checks measuring db's in the communities on the south rim during the race
event.
. Air quality checks measuring particulate matter during and immediately after each
race.
. Base level samples of the rivers prior to the first race day and immediately following
15-108
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the final day of racing for any heavy metal or petroleum based impacts on the water
shed.
Once these tests are completed they should be presented to the City of Chula Vista in a
report that fully discusses the baseline methodology and [mdings prior to and after the
event. Once the impacts are fully vetted, understood, and agreed upon by professionals
in each discipline, a full formal report should be presented to the OVRP Policy
Committee for comment and agreement.
This data should then be included as part of any future application for the use ofthe
venue for an Off-road Vehicle Racing. The data included in the report will provide
needed information to allow the OVRP Committees to make an educated, fact-based
decision on any future use ofthe site.
I am concerned with Page 12 of36, section F. Public Comments section. The fact that
the applicant met the minimum notification responsibility". . . Notice was circulated to
property owners and residents within a 500-foot radius of the proposed project site." is
not enough. Given the potential for disruption of quality oflife (sound mostly) for the
homes/residents located on the south rim of the valley, the applicant should have taken,
and should be required to take, the extra steps to notify these residents of the potential
disruption.
15-109
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OS/21/2007 15:02
519-531-5475
COUNTY SD LUEG
PAGE 02/05
WAl TER F. EKARD
CHIEF ADMINISTRATIVE OFFICER
{1>1.9) 531-6:126
FM: ((19) SS7..All6rl
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([[ount~ of ~U1t ~i.eBo
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CHIEF ADMINISTRATIVE OFFICE
HELEN N. ROBBINS-MEYER
ASST. CHIF.~ ADMI~jSTRA1)VE: OFFJCER
(6'9)531-49<10
I=AX: (&19}:;:;7-4Qf.O
1600 PACIFIC HIGHWAY, STE. :lOg, SAN DIEGO. CA )2101-2172
May 21, 2007
Glen Laube, Environmental Projects Manger
cIa Environmental Review Coordinator
City of Chula Vista
276 FO,urth Avenue
Chula Vista, CA 91910
NOTICE OF AVAILABILITY CHAMPIONSHIP OFF-RO/\D RACING MITIGATED
NEGATIVE DECLARATION (Case #/S-07-030)
Dear Mr. Laube:
The County of San Diego (County) staff, as Preserve Owner/Manager (PaM) for the
Otay Ranch Preserve (Preserve) and as a partner in the nulti-jurisdictional planning
effort for the Otay Valley Regional Park (OVRP) along w~11 the Cities of Chula Vista
and San Diego, appreciates the opportun~ to comment ')0 the Mitigated Negative
Declaration (MND) for a temporary, Cond~ional Use Pennit for Championship Off-
Road Race (CaRR) events on the Otay Ranch Quarry p''Operty off of Wiley Road.
The County has had great success working w~h the City 01 Chula Vista on projects in
the Olay area and look forward to continuing lhat partners')ip. However, the County
is concerned that the proposed project is inconsistent with the management goals of
the preserve and incompatible with the Otay Ranch R~.;()urce Management Plan
(RMP) and the OVRP policies.
The description states that the proposed project is a temporary event involving of/-
road racing. The applicants have publicly stated that it is th, !ir intenlion to use this site
as a more permanent on-going off-road racing facility. Under CEQA Guidelines
915378, a project is defined as the whole of an action, which has the potential 10
result in significant environmental change in the environment, directly or ultimately.
Preparation of separate environmental documents for the ~;ame project may result in
the avoidance of a cumulative impact analysis. The project description and
environmental analysis should reflect whether or not this ploject is temporary (to only
occur on two non-consecutive weekends, June 8-10 and September 28-30,2007) or
if the project proposes on-going off-road racing events (not limited to the CaRR).
E-I
15-110
85/21/2087 15:02
519-531-5475
COUNTY SD LUEG
PAGE 83/85
Mr. Glen Laube
Page 2
May 21,2007
The footprint of the racetrack encroaches into
Conveyance area per the RMP, Phase 2.
encroachment is unauthorized.
Preserve area designated as Initial
The MND recognizes that this
In order to comply with the goals and objectives of th,~ RMP, the MND should
acknowledge the amount of Initial Conveyance Are" impacted and discuss
conveyance of biologically equal substitution land at a 1:1 ratio. Per the most recent
Otay Ranch Preserve Owner Manager (PaM) Policy Co'nmittee held on February - 2.
12, 2007, it would be appropriate for the location of tt'e substitution land 10 be
approved by the County and City and conveyed to the Otc'y Ranch paM prior to the
issuance of the Conditional Use Permit. The following ap:)roval should be added 10
the Discretionary Actions/Other Project Approvals section:
Cily of Chula Vista and County of San Diego: approval of :;ubstitution land for
encroachment into Ihe Otay Ranch Preserve.
During the preparation of the RMP, key resource areas were identified including Wo
Canyon and the Otay River Valley. The proposed access 'Dads to this project would
cross through the Wolf Canyon and Otay River Valley portions of the Preserve. The
MND recognizes Ihat the proposed project would result in indirect impacts to
sensitive habitat and species found within the City's MSCP Preserve. The MND
outlines guidelines required by the City's MSCP Subarea Plan. The majority of the
City's MSCP Preserve and the Otay Ranch Preserve overlap. Accordingly, the MND
should 1) outline the poliCies and objectives required to be complied with by the Otay
Ranch Resource Management Plan, Phases 1 and 2; and 2) demonstrate how the
proposed project meets those policies. This will allow the reader to determine
whether or not the indirect impacts have been reduced to a less than significant
impact.
e-3
Overnight camping is proposed southeast of the pro~-osed racetrack within a
designated Active Recreation Area of the Otay River Vallev. Race patrons are to be
shuttled across the Otay River valley via an existing ea~ement road. Use of this
easement road (through a designated Initial Conveyance Area per the RMP, Phase E. c.,
2) to transport race patrons from up to 150 camping s~'aces may cause indirect ,
biological impacts (i.e. trash, noise to sensitive bird species). Additional Information
should be included in the indirect. biological impacts anc"ysls such as the type of
shuttle to be used. and approximately how many trips to and from the racetrack is
anticipated each day.
An alternative and more appropriate location for the camping area north of thel
proposed VIP parking area and west of the ongoing Quarry operation should be
2
15-111
OS/21/2007 15:02
519-531-5475
COUNTY SD LUEG
PAGE 04/05
Mr. Glen Laube
Page 3
May 21,2007
analyzed. This area is currently disturbed and would eliminate the need to shuttle l' e... S-
patrons across the Otay River Valley as well as avoid any potential impacts ~'
burrowing owls.
The Biological and Impacts Analysis Letter (Analysis) and MND identified _ but did
not adequately address - sensitive resources in the PresE\rve that may be impacted
by the proposed project. Though the Analysis did assumf: the presence of sensitive
bird species (induding the least Bell's vireo, coastal Califor1ia gnatcatcher, burrowing ,:: ...,
owl, and various raptor species), no species specific I)r protocol surveys were "-
conducted. Therefore, it is difficult to: 1) determine the ex:)ct location of the birds (or
their nests), 2) determine their proximity to the racing fac'lity, camping area, and/or
access routes, and therefore 3) determine if the impac's to these species were
adequately analyzed.
The MND and Analysis do not include adequate informa1ion regarding locations of
impacts or the related avoidance, minimization or mitigatio'l measures for impacts to
sensitive birds, especially during the June race. The CQunty suggests the project
proponent 1) conduct protocol surveys for least Bell's vi'eo and coastal Califomia
gnatcatcher, 2) conduct nesting raptor surveys, and 3) r'rovide the paM with the
results of the survey. In addition, if the June race is approvsd by the City Council, the
least Bell's vireo, coastal Califomia gnatcatcl1er, and rapier nesting locations should
be monitored to determine if there is an impact to these sp':!cies. The analysis of the
monitoring should be submitted to the paM for review and comment. If future races
are proposed during the breeding season, this infoITn:)tion should be used to E- +-
determine if these racing activities are a long-term compatible use adjacent to the
Preserve.
The use of the camping and parking area will impact nor'-native grasslands. Non_J
native grasslands are not only habitat for burrowing owls, 3S stated in the MND, but _ ..
are also foraging habitat for raptors. Impacts to this habitat should require mitigation. t:. Y'
The MND should be revised to include this analysis and appropriate mitigation
measures.
The MND and Analysis includes a mitigation measure to provide fencing around the]
perimeter of the racing, camping, and parking facilities. Thrl County supports the use t:.- ...c:::lt
of six-foot high chain-link fencing around the racing facility. 24-hour security should I
be provided during the racing events to maintain the fencinq and resource protection.
Additionally staff should be available for regularly schedul'~d debris clean-up during
events.
3
15-112
0~j2](2007 ]5:02
5]9-53]-5475
COUNTY SD LUEG
PAGE 05/05
Mr. Glen Laube
Page 4
May 21,2007
Signs posted along the perimeter of the Preserve should slate, "Sensilive Resources,
please stay on identified transportation routes and in fE,need camping area." In
addition, educational/interpretive signs indicating the types of resources and
measures visitors can take to assist in their protection.;hould be installed in the
camping area, parking area, and along the access route to Wolf Canyon.
The County supports the proposed avoidance and mitigatbn for Cultural Resources]c _, I
Please provide Ihe County with a copy of the cultur.aJ resources report (An
archeological Study for the Chula Vista Intemational Raceway, April 1 0, 2007).
c.,o
The proposed project is off of Wiley Road in the same lowtion of the proposed Olay
Valley Regional Park Trail. Therefore, if this project is ev'mtually proposed for long
term, this use of the site could represent an incompatible mixed use within the
OVRP. In addition, the proposed private camping area is Incated in one of only a few
public ac1ive recreation areas within the OVRP Planning Boundary. Any potential
impacts to the OVRP would be considered significant and should be analyzed in the
environmental document for the use of the site.
e.r2
If you have any questions, please oontac1 Casey Trumbo, '::nvironmental Planner, at
858-966-1374 or casey.trumbo@sdcounty.ca.QOv.
Sincerely,
~"'~~'>-- ~~"\~
CHANDRA L. WALLAR, Deputy Chief Administrative Off>cer
Land Use and Environment Group
cc: Gary Pryor, Director, Department of Planning and Land Lise
Renee E. Bahl, Director, Department of Parks and Recre3tion
Maeve Hanley, Group Program Manager
Bill Saumier, Sr. Park Projec1 Manager
Casey Trumbo, DPR Environmental Planner
Cheryl Goddard, DPLU Environmental Planner
Marisa Lundstedt, City of Chula Vista Environmental Proj-~ct Manager
4
15-113
Page I of]
Glen Laube
From: THERESA ACERRO [thacerro@yahoo.com]
Sent: Monday, May 21, 20076:30 PM
To: Glen Laube
Subject: RE: hight tech high.
THANKS. i ALSO HAVE AN ADDITIONAL COMMENT ABOUT cORS:
The Air Quality report shows that the traffic exceeds the CO threshold. They are saying this is insignificant
because they are evaluating the Wiley and Energy Way intersections for "hot spots", but in this case because the
most polluting vehicles do not use these intersections they should have evaluated the races themselves as "hot f"l
spots". I am sure they will qualify by easily exceeding the hourly CO threshold even with 15 minute breaks
between races. This is yet another unmitigated negative effect of this temporary use. The MND is
inadequate.
Theresa
Glen Laube <GLaube@ci.chula-vista.ca.us> wrote:
Sure thing. I should be sending out the Notice of Intent within a couple of weeks.
-----Original Message-----
From: THERESA ACERRO [mailto:thacerro@yahoo.com]
Sent: Sunday, May 20, 2007 4:4S PM
To: Glen Laube
Subject: hight tech high.
Please be sure I get a NOP announcement for High Tech High. I very much want to
comment on this EIR.
Thanks,
Theresa
Be a better Heart1hrob. G~tJ)e!teLrelaJion~hip~'!n~.',Ycl'~from someone who knows.
Yahoo! Answers - Check it out.
Boardwalk for $500? In 20077 Ha!
PJf\YM011QPolYH.CICaJ1.dN.ow (it's updated for today's economy) at Yahoo! Games.
OS/23/2007
15-114
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..... . W1l.DUnO
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U.S. Fish and Wildlife Service
Carls bad Fish and Wildlife Office
6010 Hidden Valley Road
Carlsbad, California 92011
(760) 431-9440
FAX (760) 918-0638
CA Department of Fish & Garne I(ii /
South Coast Region l.j/
4949 Viewridge A venue
San Diego, California 92123
(858) 467-4201
FAX (858) 467-4299
In Reply Refer To:
FWS-SDG-5132.2
Mr. Glen Laube
City of Chula Vista
Planning and Building Department
276 Fourth Avenue
Chula Vista, California 91910
MAY 1 8 2001
Subject: Comments on the Draft Mitigated Negative Declaration for the Conditional Use
Permit for the Temporary Championship Off Road Race 2007, Chula Vista, County
of San Diego, California (SCH #20070315R5)
Dear Mr. Laube:
The U.S. Fish and Wildlife Service (Service) and the California Department of Fish and Game
(Department), hereafter collectively referred to as the Wildlife Agencies, have reviewed the
above-referenced Mitigated Negative Declaration (MND) and supporting documentation, which
wc received on April 24, 2007. The temporary Championship Off-Road Race (CaRR) facility is
located in the eastern portion of the City of Chula Vista (City) in southwestern San Diego County
(County). The project is located within the City's Multiple Species Conservation Program
(MSCP) Subarea Plan boundary and is therefore subject to the conservation guidelines of the
Subarea Plan. The comments provided in this letter represent our concerns about the project's
potential impacts on sensitive biological resources.
The primary concern and mandate of the Service is the protection of public fish and wildlife
resources and their habitats. The Service has a legal responsibility for the welfare of migratory
birds, anadromous fish, and endangered animals and plants occurring in the United States. The
Services is also responsible for administering the Endangered Species Act (Act) of 1973, as
amended (16 U.S.c. 1531 et seq.). The Department is a Trustee Agency and a Responsible
Agency pursuant of the California Environmental Quality Act, Sections 15386 and 15381,
respectively. The Department is responsible for the conservation, protection, and management of
the State's biological resources, including rare, threatened, and endangered plant and animal
species, pursuant to the California Endangered Species Act (CESA) and other sections of the
Fish and Game Code. The Department also administers the Natural Community Conservation
Planning (NCCP) program.
TAKE PRIDE41~
tNAMERICA.~
15-115
Mr. Glen Laube (FWS-SDG-5132.2)
2
The project is a temporary event involving off-road racing on the portion of the rock quarry
located adjacent to the Otay River Valley, parking in a portion of Otay Ranch Village Three, and
camping in the western Active Recreation Area within the Otay River Valley. The event will
occur over two weekends: June 8-10 and September 28-30, 2007. Site preparation will include
installation of grandstands, security lighting and fencing, orange bio- fencing to restrict access to
the City's MSCP Preserve, signage to protect sensitive habitat areas, and storm water best
management practices (BMPs). Vehicular entrances to parking lots will be via existing dirt roads
from Main Street, Heritage Road, and Energy Way. Races will occur during daytime hours only;
however, temporary night lighting will be provided for security purposes.
Implementation of the project will result in direct impacts to 103.4 acres of annual non-native
grassland and 38.0 acres of disturbed/developed land. The 103.4 acres of impacts to non-native
grassland will occurfrom development of the parking and camping areas within former
agricultural areas. No soil will be disturbed in these areas, thus impacts are considered
temporary and would not result in significant impacts. Because the project is located adjacent to
the City's MSCP Preserve, the MND requires that the project applicant adhere to the preserve
adjacency guidelines provided in Section 7.5.2 of the City's MSCP Subarea Plan. The project
could impact coastal California gnatcatcher (Polioptila californica, gnatcatcher), least Bell's
vireo (Vireo bellU pusillus, vireo), and burrowing owl (Athene cunicularia).
We appreciate that the project applicant has met with the Wildlife Agencies on numerous
occasions to review potentially significant environmental impacts and possible off-setting
measures, and that the MND includes many of the measures that we suggested. However,
additional avoidance and minimization measures are necessary to further reduce the project's
impacts to sensitive habitats and species. To assist the City in further avoiding, minimizing, and
mitigating project impacts to biological resources, and to ensure that the project is consistent
with ongoing regional habitat conservation planning efforts, we offer our recommendations and
comments in the Enclosure. In summary, we request that the City: (I) include additional
mitigation measures that were discussed with the Wildlife Agencies; (2) correct discrepancies in
the reported effectiveness of the noise wall; (3) improve the measures for minimizing potential
impacts to burrowing owls; (4) summarize all mitigation measures in Section H of the MND; and
(5) begin discussions with the Wildlife Agencies on the potential for a permanent race track.
15-116
Mr. Glen Laube (FWS-SDG-5132.2)
3
Thank you for the opportunity to comment on this MND and associated documentation. If you
have any questions regarding this letter, please contact Amber Himes of the Department at (858)
637-7100 or Cara McGary of the Service at (760) 431-9440.
Therese O'Rourke :
Assistant Field Supervisor
U.S. Fish and Wildlife Service
. -
Enclosure
cc: State Clearinghouse, Sacramento, CA
15-117
Wildlife Agencies' comments on the draft MND for the Conditional Use Permit for the
Temporary Championship Off-Road Race 2007
1. In a meeting that the Wildlife Agencies and City had with the project applicant on April 16,
2007, a number of mitigation measures were suggested and generally accepted by all parties.
However, the MND does not include all these measures. We recommend that the MND be
revised to condition the project with these additional measures.
a. As discussed and agreed upon by all parties present at the April 16 meeting, a
monitoring plan should be developed to monitor the effectiveness of each of the
proposed mitigation measures for this project (e.g., monitor the noise levels in the
nearest natural habitat during each activity [e.g., races, concerts] to be held during
the race weekends, tally how many people are found intruding into the Preserve, 4-1 (v.. J
describe how well the mandatory shuttle access works, document complaints).
After each race weekend, the project applicant should prepare a report
summarizing the effectiveness of each mitigation measure and provide it to the
City and Wildlife Agencies for review.
b. A set of rules should be developed and enforced by security for the camping area.
This should include a curfew to limit noise disturbance in the City's MSCP
Preserve at night, proper disposal of trash, a prohibition on leaving the
campground and intruding into the adjacent Preserve areas, a prohibition on the ~ - \ (b)
personal use of fireworks, etc. All campers should receive a leaflet explaining the
campground rules, how campers will be able to access the racetrack (i.e., via
shuttle onlv), and the biological sensitivity of the surrounding areas.
c. The Wildlife Agencies stated concern about the use of fireworks during the eveJn C '\
weekends. We recommend that the City prohibit the use of fireworks by the (' _I c )
project applicant in order to limit noise disturbance in the adjacent Otay River \:1j
Valley.
d. Security guards should cluster all cars as far west as possible within the parkingQ
area in Otay Ranch's Village Three to prevent intrusions into the Preserve and to fl I ( J J
discourage people from walking to the race track instead of using the shuttle. No (:r C(
parking should be allowed within 100 feet of the Preserve.
e. All campers/R.V.s should be clustered in the center of the Active Recreation Area
to prevent intrusions into the Preserve. Security guards should closely monitor the
campground to stop anyone who might try to go into the Preserve. The fence G -I (e ~
around the campground should be placed at least 100 feet inside the Active ~ I
Recreation Area boundary to provide a buffer between the campground and the
Preserve.
r At the April 16 meeting, it was agreed by all parties present that access to the raCJ r: I ((1)
track from the camping and parking areas would be allowed only by shuttle bus ~r l-
and that pedestrian access would not be allowed. The MND indicates that there
15-118
Mr. Glen Laube (FWS-SDG-5132.2)
Enclosure Page 2
will be a shuttle, but not that people must use the shuttle (i.e., not walk). We are
especially concerned that people at the campground and parking area would be
tempted to jump the orange fences and walk through the river bed or the mouth of
Wolf Canyon to the racetrack, both of which are highly sensitive areas.
2. We are concerned that the unattenuated and attenuated noise estimates provided in the
MND's biological section (page 19) are inconsistent with those discussed on pages 24 - 25 in
the analysis of consistency with the City of Chula Vista's noise ordinances. On page 19, the
un attenuated noise is estimated to be 85 dB Leg; however, on page 25 it is estimated to be 93
dB Leg. Another inconsistency is in the effect that the noise attenuation wall (which will be
placed on the back ofthe grandstands) will have on reducing noise in the preserve (i.e.,
within I 00 feet from the racetrack). The information on page 19 indicates that the wall would
reduce noise impacts on the City's preserve (from noise produced during the race weekends)
by 10 dB, from 85 dB Leg to 75 dB Leg, which would be below the ambient noise level (i.e.,
78 dB Leg). However, on page 25, an attenuation range of3 to 5 dB is given, which would
reduce the 93 dB value (page 25) and the 85 dB value (page 19) to 88 dB and 80 dB,
respectively, at the most. In both scenarios, this is above the ambient noise values and
therefore could be detrimental to breeding gnatcatchers and vireos that have been mapped in
the immediate area. The final MND should reconcile both of these discrepancies (i.e., the
estimated levels of unattenuated and attenuated proj ect noise) and should reguire that the
noise produced from the project be attenuated to ambient levels in order for the project to be
consistent with the Subarea Plan's preserve adjacency guidelines.
3. In order to limit construction disturbance to burrowing owls, we recommend that the project
be conditioned to the following mitigation measure in place of mitigation measure #2 in
Section H (Biological Resources).
To ensure that no direct or indirect impacts to nesting burrowing owls occur during
site preparation and active use of the parking and camping areas, prior to initiating
any site preparation-related activities, pre-active use surveys must be performed by a
City-approved biologist to determine the presence or absence of active burrows within
all suitable habitat. The surveys must be conducted within 10 calendar days prior to
the start of site preparation or use, and the results submitted to the City for review and
approval prior to initiating any site preparation activities. If an active burrow is
detected, a mitigation plan shall be prepared by a City-approved biologist and
submitted to the City for review and approval. The project applicant shall implement
the approved mitigation plan to the satisfaction of the City to ensure that disturbance
of breeding activities is reduced to a level less than significant. Setbacks of 300 feet or
more from occupied burrows shall be established and enforced until the young are
completely independent of the nest. To minimize all impacts and ensure that no nests
are removed or disturbed and no nesting activities are disrupted, a bio-monitor must
be on site during all project activities /Inti! all YO/lng have fledged.
15-119
f!2
~-
~'-J
Mr. Glen Laube (FWS-SDG-5132.2)
Enclosure Page 3
4. All proposed off-setting measures discussed in the project description should be included as
separate mitigation measures under the Biological Resources subheading within Section H
(mitigation measures) ofthe MND. These should include I) how the project is meeting the
Subarea Plan's preserve adjacency guidelines (e.g., the noise attenuation wall on the back of
the grandstands, fencing and signage plans that keep people out of the Preserve, the /' I j
b-~I
mandatory use of shuttle buses from the parking and camping areas, limited lighting, - \
limitations on when engines can be fired up and races started/ended, heavily watering the
track and roads to prevent dust, and trash will be picked up), 2) no activity at the race track in
the months between the two race weekends, 3) any additional measures already described in
the MND, and 4) all the measures listed in Comment #1 above.
5. The project applicant has indicated to the Wildlife Agencies that they would like to pursue a
semi-permanent race track at this same location once this Conditional Use Permit expires.
We recommend that the project applicant begin talking with the Wildlife Agencies as soon as c...-5
possible so that there is adequate time available for all parties to discuss a permanent track, - \
potential impacts to sensitive resources, and how to off-set those impacts.
15-120
Theresa Acerro
PO Box 8697 Chula Vista
Letter provided May 7, 2007 at RCC Hearing
Comment/Response A-I through A-IO
A-I. Summary of Comment:
Active Recreation Use area poses concerns relative to wildlife movement through
the Otay River Valley not enough time or consideration has been given to
determine appropriateness of camping in the active recreation area. (See second
full paragraph, Page I).
Response:
The proposed project is a temporary use (two non-consecutive weekends only),
and as such, temporary use of the active recreation areas for camping would not
permanently impede wildlife movement through the Otay River Valley. It is
acknowledged that establishment of any permanent use within the designated
Active Recreation . areas of the river valley will require a more thorough
consideration by the City, OVRP Citizens Advisory Committee, and the Otay
Ranch Preserve Owner/Manager. However, following the events that are
proposed with the current application, the existing conditions of the Active
Recreation areas will be the same as they are currently. Therefore, the project
would not affect or preclude any future use of these areas.
A-2. Summary of Comment:
Off Road Vehicle use is inconsistent with the OVRP, the MSCP and potentially
the Otay River Valley Watershed Management Plan (WMP). (See third full
paragraph, Page I).
Response:
The project proposes off road racing on a closed course in a controlled venue in
an area that is already disturbed and is not in the Preserve. Similarly, access to the
race venue from the parking and camping areas will be provided via existing, dirt
access roads. As stated in the MND, use of personal ORV and pedestrian access
through Preserve areas is strictly prohibited. The applicant shall provide shuttle
service to and from the parking and camping areas in order to restrict the
movement of people through sensitive areas. As stated in the MND, these
conditions will be monitored and enforced in accordance with the security plan to
be reviewed and approved by the City's Environmental Review Coordinator and
City Chief of Police.
Page 2 of24
15-121
A-3. Summary of Comment:
The Specific Area Management Plan (SAMP) has not been completed for the
Otay Watershed but will likely deem ORV activities within the OVRP to be an
incompatible use. (See second full paragraph, Page).
Response:
As noted the SAMP is not complete. Until the SAMP had been completed and
formally adopted, any analysis of the adverse physical effects would be
speculative, and is not within the scope of the project's CEQA analysis.
However, the intent and goal of a SAMP is to protect water quality and sensitive
natural (particularly wetland riparian) resources. As stated in the MND, potential
impacts to water quality will be mitigated and there are no anticipated direct
impacts to riparian resources.
A-4. Summary of Comment:
Project-related use of shuttle buses within the Preserve would result in direct
impacts on the Preserve, including further compacting the dirt roads and
legitimizing trespass. (See first partial paragraph, Page 2).
Response:
The use of dirt roads by shuttle buses is identified as part of the proposed proj ect
activities in the Project Description in the MND. The project would not widen or
in any other way improve the existing dirt roads. The use of shuttle vehicles is
temporary, as is the nature of the entire project. Shuttle buses will be used to
restrict uncontrolled pedestrian traffic, which may have the potential to impact
surrounding sensitive areas. Private security will also be provided by the
applicant to patrol the perimeter of the parking, race track area and camping areas
to ensure that pedestrians and vehicles do not access preserve areas. Fencing is
also provided at the race track, camping, parking and access roads to restrict
access to preserve areas.
A-5. Summary of Comment:
A thorough analysis of impacts on the Preserve could not have been completed
within the time frame of the analysis that was conducted for this project. (See fust
full paragraph, Page 2).
Response:
This comment indicates that, due to the timing and process schedule for the
proposed project, the analysis is incomplete, but the comment does not indicate
any specific deficiencies of the analysis. As required under the City's typical
process, technical reports were required to evaluate project impacts on noise, air
quality, cultural resources and biological resources. These reports were prepared
by the project applicant and were reviewed by the City of Chula Vista and the
City's outside consultants for content, accuracy and completeness. Since no
specific deficiencies were identified in the comment, a more specific response is
not possible.
Page 3 of24
15-122
A-6. Summary of Comment:
The dates of the first race are within a time frame where activities are prohibited
in order to protect breeding animals. Approval of the race sets an extremely bad
precedent. (See second full paragraph, Page 2).
Response:
The Chula Vista MSCP Subarea Plan does not specifically prohibit noise
generating uses in or adjacent to the Preserve; however, the MSCP does require
that excessively noise activities adjacent to the Preserve incorporate noise
reduction measures or be curtailed during the breeding season of sensitive bird
species. The MSCP does not provide a specific numerical threshold for
operational noise impacts. Refer to comment A-8 below.
A-7. Summary of Comment:
Enforcement of leash laws and restriction of access into the Preserve are of great
concern. Impacts from the transfer of non-native plant seed into the Preserve was
not analyzed in the MND. (See last paragraph, Page 2, as continued on the top of
Page 3).
Response:
The Mitigation Monitoring and Reporting Program will provide adequate
assurances that security staff will be trained, properly positioned, and will
adequately prevent unauthorized access into the Preserve. Access of race patrons
will be limited to existing dirt roads, the camping and parking areas, and the race
venue itself. All of these areas are either devoid of native vegetation, or covered
predominately in non-native plant species (former agriculture areas). Therefore, it
is not anticipated that disturbance of these areas, and/or the slight chance of
transfer of non-native plant seeds would have any measurable effect, either inside
or outside of the Preserve.
A-S. Summary of Comment:
Noise impacts on sensitive habitat adjacent to the project will result in significant
unmitigable impacts. (See first full paragraph, Page 3).
Response:
The issue of project-generated noise and its effects on adjacent Preserve areas is
analyzed and documented in the MND. The noise analysis prepared for the
project (Environmental Noise Assessment for the Temporary Off-Road Race
Track, Dudek & Associates, April 16, 2007) provides an estimate of noise levels
generated by the proposed project. In order to quantifY potential impacts to noise
sensitive receptors, including sensitive biological resources, the noise analysis
applied noise levels obtained during the 2006 racing events. Utilizing that data
and applying it to the proposed project, the unattenuated noise levels at the closest
sensitive habitat location within the Preserve, immediately adjacent to the south of
the proposed track, are estimated to be 85 dB hourly Leq.
Page 4 of24
15-123
As stated in the MND, taking the existing terrain topography into consideration,
and providing the maximum sound attenuation available through structural design
features (enclosure of the rear of the stands located between the track and the
Preserve), the noise analysis concludes that areas having potential to support least
Bell's vireo and coastal California gnatcatcher are expected to be exposed noise
levels of approximately 75 dB hourly Leq noise level during the racing events.
The City's MSCP Subarea Plan does not provide a numerical threshold for
operational impacts. For comparative purposes, ambient noise measurements were
recorded within the project area. Ambient noise within the project area is
primarily associated with the existing rock quarry operation, including rock and
gravel extraction, earth moving equipment, and rock crushing activities. Ambient
noise measurements in portions of the quarry adjacent to sensitive habitat areas
within the Preserve indicate noise levels ranging between 68 to 78 dB Leq.
Due to the short-term nature of the proposed project (two consecutive days during
the nesting season), and similar operational noise levels between existing ambient
noise conditions and the anticipated, attenuated noise levels it is not anticipated
that the project will result in significant indirect impacts on these noise sensitive
species.
A-9. Summary of Comment:
Carbon Monoxide levels are above threshold levels, and it is questionable whether
this would be a "hot spot". Particulate emissions are also a concern because
watering of the track will create undesirable mud. (See second full paragraph,
Page 3).
Response:
The air quality analysis indicated that, in the initial screening, CO impacts were
identified to exceed the screening threshold. Therefore, the next level of analysis
to determine significance was applied (the CO "hot spot" analysis). That analysis
indicated that no significant impacts relative to CO would result. Mitigation
measures that involves watering to reduce dust are applied in a controlled manner,
such that only small amount of water are needed and are applied, to ensure that
dust control is maximized, while not saturating the soil.
Page 5 of24
15-124
A-10. Summary of Comment:
The comment questions the effectiveness of lighting controls within the portions
of the project located in the middle of the MSCP Preserve. (See last full
paragraph, Page 3).
Response:
The issue of lighting its effects on adjacent Preserve areas is analyzed and
documented in the MND. Temporary safety lighting associated with the project
would be limited to the pit area, spectator area and camping area. The lighting for
these areas would be directed downward, and away from the Preserve. Light
spillage into the Preserve would be considered significant.
As documented in the MND and MMRP, to ensure potential impacts associated
with project lighting are mitigated to a level ofless than significant, the Applicant
is required to submit, prior to the commencement ofrace activities, a lighting plan
to the satisfaction of the City's Environmental Review Coordinator. The lighting
plan shall clearly demonstrate that all temporary security lighting shall be directed
away and/or shielded from the Preserve to prevent any potential indirect impacts
due to night lighting. Additionally, low-pressure sodium lighting shall be used to
reduce these potential effects.
SIERRA CLUB
San Diego Chapter
3820 Ray Street
San Diego, CA 92104
Letter postmarked May II, 2007
Comment/Response B-1 through B-II
B-1. Summary of Comment:
Active Recreation Use area poses concerns relative to wildlife movement through
the Otay River Valley - not enough time or consideration has been given to
determine appropriateness of camping in the active recreation area. (See second
full paragraph, Page I).
Response:
Refer to Response to Comment A-I above.
B-2. Summary of Comment:
Off Road Vehicle use is inconsistent with the OVRP, the MSCP and the
potentially the SAMP. (See third full paragraph, Page 1).
Response:
Refer to Response to Comment A-2 above.
Page 6 of24
15-125
B-3. Summary of Comment:
Project-related use of shuttle buses within the Preserve would result in direct
impacts on the Preserve, including further compacting the dirt roads and
legitimizing trespass. (See first partial paragraph, Page 2).
Response:
The use of dirt roads by shuttle buses is identified as part of the proposed project
activities in the Project Description in the MND. The project would not widen or
in any other way improve the existing dirt roads. The use of shuttle vehicles is
temporary, as is the nature of the entire project. Refer to Response to Comment
A-4 above.
B-4. Summary of Comment:
A thorough analysis of impacts on the Preserve could not have been completed
within the time frame of the analysis that was conducted for this project. (See first
full paragraph, Page 2).
Response:
This comment indicates that, due to the timing and process schedule for the
proposed project, the analysis is incomplete, but the comment does not indicate
any specific deficiencies of the analysis. Contrary to the implications of the
comment, thorough technical reports were required to evaluate project impacts on
noise, air quality, cultural resources and biological resources. These reports were
prepared by the project applicant and were reviewed by the City of Chula Vista
and the City's outside consultants for content, accuracy and completeness. Since
no specific deficiencies were identified in the comment, a more specific response
is not possible. Refer to Response to Comment A-5 above.
B-S. Summary of Comment:
The dates of the first race are within a time frame where activities are prohibited
in order to protect breeding animals. Approval of the race sets an extremely bad
precedent. (See second full paragraph, Page 2).
Response:
The Chula Vista MSCP Subarea Plan does not specifically prohibit noise
generating uses in or adjacent to the Preserve; however, the MSCP does require
that excessively noise activities adjacent to the Preserve incorporate noise
reduction measures or be curtailed during the breeding season of sensitive bird
species. The MSCP does not provide a specific numerical threshold for
operational noise impacts. Refer to Response to Comment A-8 above.
B-6. Summary of Comment:
Enforcement of leash laws and restriction of access into the Preserve are of great
concern. hnpacts from the transfer of non-native plant seed into the Preserve was
not analyzed in the MND. (See last paragraph, Page 2, as continued at the top of
Page 3).
Page 7 of 24
15-126
Response:
The Mitigation Monitoring and Reporting Program and project conditions of
approval provide adequate assurances that security staff will be trained, properly
positioned, and adequately prevent unauthorized access into the Preserve. Access
of race patrons will be limited to existing dirt roads, the camping and parking
areas, and the race venue itself. All of these areas are either devoid of native
vegetation, or covered predominately in non-native plant species (former
agriculture areas). Therefore, it is not anticipated that disturbance of these areas,
and/or the slight chance of transfer of non-native plant seeds would have any
measurable effect, either inside or outside of the Preserve.
B-7. Summary of Comment:
"The analysis completely ignores section B of the Chula Vista Exterior Noise
Ordinance, which will surely apply to off-road races." (See first full paragraph,
Page 3).
Response:
It is unclear what is meant by this comment. The referenced section of the
Municipal Code (19.68.030 (B)), provides for corrections to the exterior noise
limits, as follows:
B. Corrections to Exterior Noise Level Limits.
1. if the noise is continuous, the Leq for any hour will be represented by any
lesser time period within that hour. Noise measurements of a few minutes
only will thus suffice to define the noise level.
2. if the noise is intermittent, the Leq for any hour may be represented by a
time period typical of the operating cycle. Measurement should be made of
a representative number of noisy/quiet periods. A measurement period of
not less than 15 minutes is, however, strongly recommended when dealing
with intermittent noise.
3. In the event the alleged offensive noise, as judged by the enforcement
officer, contains a steady, audible sound such as a whine, screech or hum,
or contains a repetitive impulsive noise such as hammering or riveting, the
standard limits set forth in Table III shall be reduced by five dB.
4. if the measured ambient level exceeds that permissible in Table III, the
allowable noise exposure standard shall be the ambient noise level. The
ambient level shall be measured when the alleged noise violations source
is not operating.
If the implication that a higher (stricter) standard should be applied to this use
because it is continuous (reference Section B. 1.), that would not be appropriate,
because the use is not continuous. If the implication is that the noise is
intermittent (reference Section B. 2.), is it unlikely that use of a shorter
measurement period would yield a result that is more accurate. However, such a
measurement may result in noise estimates that are lower than predicted in the
Page 8 of 24
15-127
MND. If the implication is that the noise may be determined by the enforcement
officer to have characteristics described in Section B. 3., that determination would
need to be made at such a time that the enforcement officer detects and evaluates
the sound, which cannot be determined prior to project commencement. Finally,
if the implication is that the measure ambient noise level exceeds the exterior
standards (reference Section B. 4.), data presented in the project Noise report and
the MND confirm that is not the case.
In reference to the project and compliance with Section .68.030 (B) of the Chula
Vista Municipal Code, the responses are as follows:
Section B. 1: The proposed project will not be a continuous operation.
Therefore, use of a higher (stricter) standard is not applicable.
Section B. 2: It is it unlikely that use of a shorter measurement period would
yield a result that is more accurate. However, such a measurement
may result in noise estimates that are lower than predicted in the
MND
Section B. 3: This determination would need to be made at such a time that the
enforcement officer detects and evaluates the sound, which cannot
be determined prior to project commencement.
Section B.4: Data presented in the project Noise report and the MND confirm
that ambient noise levels do not exceed the exterior noise
standards. Existing ambient noise conditions at the nearest
residences, including the industrial park, were not collected.
However, the MND evaluated a worse-case noise level of 93 dBA
Leq at 100 feet from the race track. Applying the distance,
atmospheric, and stand shielding resulting noise levels at the
nearest residential receptors was calculated to be between 46 to 48
dBA, which is below the City's Noise Ordinance threshold of
55 dB 7 a.m. and 10 p.m. on weekdays, and between 8 a.m. and
10 p.m. on weekends. Similarly, the calculated noise levels at the
nearest industrial land use was calculated to be between 63 to 65
dBA, which is below the City's 70 dBA threshold for industrial
uses.
It should be noted that the above information has been provide for comparative
purposes. As stated in the MND, Chapter 19.68 Section 19.68.060 of the City of
Chula Vista Municipal Code exempts occasional outdoor gatherings, public
dances, shows and sporting and entertainment events, provided the events are
conducted pursuant to a permit or license issued by the city relative to the staging
of the events. Noise associated with race activities would be intermittent during
the day, are classified as an occasional outdoor gathering and are therefore less
than significant due to its temporary nature.
Page 9 of24
15-128
B-8. Summary of Comment:
The noise standard that should be used for evaluating potential indirect impacts on
habitat areas to the south should be 60 dB. (See second and third full paragraphs,
Page 3).
Response:
The issue of project-generated noise and its effects on adjacent Preserve areas is
fully analyzed and documented in the MND. Refer to Response to Comment A-8
above.
B-9. Summary of Comment:
There is no analysis of the long and short-term negative impacts of this land use
upon land use polices of the various resource management plans, including the
MSCP. (See #1 in Summary on Page 3).
Response:
The Environmental Checklist for the project indicates that the project would not
conflict with relevant land use/planning policies. The primary reason for this
conclusion is the fact that the project is temporary, and would not preclude future
uses contemplated in planning or resource management documents. The MND
included a full analysis of the MSCP provisions related to Adjacent Management
Guidelines. The biological resources section of the MND summarizes the
project's consistency with the City's MSCP Subarea Plan Adjacency Guidelines.
Issues related to drainage, noise, invasives, toxins, lighting, and erosion control
have been adequately addressed in the MND and implementation of the MMRP
and adherence to the project's conditions of approval will ensure that adjacency
impacts are reduced to a level of less than significance.
B-I0. Summary of Comment:
Concern is reiterated over unauthorized access to the Preserve. (See #2 III
Summary on Page 3).
Response:
Refer to Response to Comments A-2, A-3, and A-4 above.
B-1!. Summary of Comment:
Noise impacts will be unmitigated and negative. (See #3 in Summary on Page 3).
Response:
Refer to Response to Comment A-8 above.
Page 10 of24
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FRANK OHRMUND
2433 Fenton Street, Suite A
Chula Vista, CA 91914
Comment received via e-mail dated May 9, 2007
CommentJResponse C-1 through C-4
C-l. Summary of Comment:
Stated that the project manager explained the true extent of the study and its
relevance for a temporary use
Response:
Comment noted.
C-2. Summary of Comment:
"After quick archeological review, the camping site was now reduced to half its
size. If this is enough land, still, then why was the entire area desired in the first
place. Based on typical processes for consultants to complete their work, this
process for them and staff and the public to review each environmental issue is
not adequate. Consultant's work must have been rushed and appears to be
incomplete when compared to typical reports for similar projects. Not enough
mention of alternatives have been made. The campground should have been
moved to the parking area and should have been studied as an alternative. With
such a quick review and study by the consultants, with current modification still
being made, this environmental document supporting the mitigated negative
declaration was completed in haste and more time should be allowed for
alternatives to be developed."
Response:
The size of the area proposed for camping was reduced to avoid impacts. It is
assumed that the camping use will be more compact, to fit the same use on a
smaller area.
This comment indicates that, due to the timing and process schedule for the
proposed project, the analysis is incomplete, but the comment does not indicate
any specific deficiencies of the analysis. Contrary to the implications of the
comment, thorough technical reports were required to evaluate project impacts on
noise, air quality, cultural resources and biological resources. These reports were
prepared by the project applicant and were reviewed by the City of Chula Vista
and the City's outside consultants for content, accuracy and completeness. Since
no specific deficiencies were identified in the comment, a more specific response
is not possible. Refer to Response to Comment A-5 above.
This comment also states that project alternatives should have been analyzed in
the MND. CEQA Guidelines Section 15126.6 requires that project alternatives be
identified and analyzed in environmental impact reports (EIRs). There is no
Page 11 of24
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requirement for an analysis of project alternatives in an MND. Since there is no
substantial evidence of an environmental impact associated with the project after
mitigation, an EIR is not required. It would, therefore, be inappropriate to
analyze project alternatives.
C-3. Summary of Comment:
"No typical delays are being made for breeding season. The, truly, higher noise
than quarry operations is an un-mitigated impact whether or not its breeding
season. "
Response:
The issue of project-generated noise and its effects on adjacent Preserve areas is
fully analyzed and documented in the MND. Refer to Response to Comment A-8
above.
C-4. Summary of Comment:
"No plan has been made to limit the non-native plants from dominating the
camping site area after the current grasses are trampled down to a bare dirt lot.
These non-native plants will re-establish themselves quicker than native plants
and will then disperse their seeds. A plan to spray or weed these plants needs to
be completed for next winter's growing season."
Response:
The entire area proposed for camping is dominated by non-native species in its
existing condition. Therefore, it is not anticipated that the slight chance of transfer
of non-native plant seeds resulting from access by race patrons would have any
measurable effect, either inside or outside of the Preserve.
Additional Comments 1-5 provided by Mr. Ohrmund relate to the project as a whole and
question staff s authority to support this project based on planning documents approved
by the developer. Supplemental questions 1-5 are noted but do not address the adequacy
ofthe mitigated negative declaration.
MICHAEL BEHAN
Letter received via e-mail dated May 1, 2007
Comment/Response D-l through D-5
D-l. Summary of Comment:
The first paragraph on the first page of the comment letter expresses support for
the proj ect.
Response:
Since the comment raises no issues relative to the adequacy of the MND, no
further response is required.
Page 12 of24
15-131
D-2. Summary of Comment:
The second paragraph on the first page of the comment letter indicates that the
conclusions of the MND relative to consistency with planning documents
addresses most of the concerns raised by the OVRP Citizen's Advisory
Committee and Policy Committee.
Response:
Comment noted. This comment does not challenge the adequacy of the mitigated
negative declaration. (The commenter referenced page 9 of 36 of the draft MND-
due to formatting/textual changes the referenced section can be found on page 12
of 36. No additional impacts occurred as a result of the formatting/textual
changes. )
D-3. Summary of Comment:
The third paragraph on the first page summarizes the commentor's agreement
with portions of the analysis provided in the MND.
Response:
Since the comment raises no issues relative to deficiencies of the MND, no further
response is required.
D-4. Summary of Comment:
In the last paragraph of the first page of the letter, the commentor suggests the
following:
. Sound checks measuring db's in the communities on the south rim during
the race event.
. Air quality checks measuring particulate matter during and immediately
after each race.
. Base level samples of the rivers prior to the first race day and immediately
following the final day of racing for any heavy metal or petroleum based
impacts on the water shed.
Information from these monitoring efforts should be reported to the City and the
OVRP, and should be used in any future analyses.
Response:
Sound monitoring will be conducted and the data will be used in the manner
suggested in this comment - to provide data that can be used in future studies.
PMlO air quality impacts are measured and considered on a regional basis. There
are no specific thresholds for localized impacts, therefore measurements of
particulates taken at distance intervals would not provide any meaningful data
from which conclusions could be drawn. Typically, PMlO is modeled for total
impact. There is no reasonable method available by which PMlO concentrations
taken from samples could be extrapolated to a total project level equivalent. What
Page 13 of24
15-132
can and will be monitored are the BMPs that include dust control measures to
ensure that the assumptions relative to reduction of fugitive dust are realized.
The project will not be permitted to discharge any runoff into the Otay River,
therefore, monitoring of water quality in the River will not be necessary.
D-S. Summary of Comment:
Given the potential for disruption of quality of life (sound mostly) for the
homes/residents located on the south rim of the valley, the proj ect notification
requirements should have been expanded.
Response:
On April 20, 2007 a Notice of Availability of the Proposed Mitigated Negative
Declaration for the project was posted in the County Clerk's Office and circulated
to property owners and residents within a 500-foot radius of the project site as
well as adjacent businesses, property owners, and tenants along Nirvana Avenue
and Energy Way, who are located beyond the 500-foot radius. (The commenter
referenced page 12 of 36 of the draft MND - due to formatting/textual changes
the referenced section can be found on page 15 of 36. No additional impacts
occurred as a result of the formatting/textual changes.)
E. County of San Diego
Chandra Waller
1600 Pacific Highway, STE 209
Comment received via letter dated 5/21107
E-!: Summary of Comment:
Because the applicant has publicly stated their intention to propose a permanent
race facility, the MND needs to include the permanent race as a part of the current
action.
Response:
Regardless of the intentions of the applicant, the City is considering only the
current application. Consideration of a permanent facility would involve an
entirely different set of land use approvals and associated analyses. The feasibility
of a permanent use and the policy implications of such a use have not yet been
determined. Therefore, consideration of additional activities that go beyond those
proposed with the current application would require speculation that is beyond the
scope of this environmental analysis.
E-2: Summary of Comment:
This comment appears to indicate that portions of the proposed project are located
within the Conveyance Schedule (referred to as "Initial Conveyance Area") that
was adopted by the County of San Diego for the Otay Ranch RMP. The comment
Page 14 of24
15-133
indicates that replacement land for portions of the project located on lands
identified in the Conveyance Schedule should be replaced on a I: I basis.
Response:
It should be noted that the County-adopted Conveyance schedule includes lands
that are both within and outside of the MSCP Preserve. Notwithstanding that fact,
the project is a temporary use that does not involve a change to the underlying
land use (rock quarry), does not preclude use of the land for its designated use,
including Preserve, and does not trigger a conveyance obligation pursuant to the
Otay Ranch RMP, as incorporated into the City's MSCP Subarea Plan. The
existing quarry use includes a reclamation plan which has been approved by the
SBMG that will restore this area back to Preserve. As stated in the MND, within
two weeks following the September races all temp structures will be removed and
quarry uses will resume.
E-3: Summary of Comment:
This comment indicates that the MND should reference and analyze the relevant
policies of the Otay Ranch regarding indirect effects.
Response:
The RMP makes reference to indirect effects, or "edge effects" in two policies.
The first reference is in the Guidelines under Policy 6.2, which state that proposed
active recreation uses should be clustered to minimize the extent of the edge
between active recreation uses and sensitive resources within the Preserve. This
Guideline is not applicable, since the proposed uses are temporary and will be
removed at the end of the interim use period. The second reference is contained
within Policies 7.1 and 7.2, which reference the need for review and consideration
of uses adjacent to the Preserve, and which require the preparation of Edge Plans
to address adverse effects. Edge Plans are required as a part of SPA plan
development for permanent uses, and therefore are not applicable to the proposed
temporary use.
The MND fully addresses adjacency issues consistent with the City's MSCP
Subarea Plan, which are more detailed and specific than the provisions of the
RMP. The MND includes mitigation measures that will reduce indirect effects,
with the resulting impact of the project being less than significant.
E-4: Summary of Comment:
This comment refers to indirect impacts associated with the shuttle buses/route
Response:
The use of dirt roads by shuttle buses is identified as part of the proposed project
activities in the Project Description in the MND. The project would not widen or
in any other way improve the existing dirt roads. The use of shuttle vehicles is
temporary, as is the nature of the entire project. Use of the shuttle buses was
Page 15 of24
15-134
actually required as a project feature in response to concerns that uncontrolled
pedestrian traffic would have more potential to impact surrounding areas.
E-5: Summary of Comment:
This comment suggests an alternate location for the proposed camping area,
within the Village Three portion of Otay Ranch.
Response:
Comment noted. No significant adverse impacts are anticipated to result from the
camping and related activities (shuttle buses), within the areas proposed by the
proj ecl.
E-6: Summary of Comment:
This comment indicates that current focused surveys, including protocol-level
surveys are needed to accurately assess impacts to sensitive species within the
Preserve.
Response:
The analysis in the MND and associated technical studies assumed a worst-case
condition, that all adjacent habitat was occupied by noise-sensitive species, and as
such, indirect impacts are likely over-stated. Therefore, focused and/or protocol-
level surveys would not change the results of the biological analysis, with respect
to level of significance of impacts. Therefore, collecting the specific information
requested in this comment may provide a more specific assessment of location-
specific effects, but would not change any of the conclusions of the analysis.
E-7: Summary of Comment:
The last sentence in this paragraph refers to future races and information that
should be collected during the proposed races.
Response:
Comment noted. It should be noted that no application has been submitted for
any future races.
E-8: Summary of Comment:
This comment indicates that additional consideration and mitigation should be
provided for raptors that may utilize the non-native grassland in the camping and
parking areas.
Response:
As stated in the MND, (Section G, Biological Resources):
... impacts to annual grassland within the Parking and Camping areas would be
temporary and would not result in permanent or significant adverse impacts to
annual grasslands. These areas would not require active restoration for recovery
to pre-project conditions.
Page 16 of24
15-135
Therefore, no significant impacts to the raptor foraging value ofthe annual
grasslands would result, and no mitigation is required.
E-9: Summary of Comment:
This comment supports the proposed fencing and indicates that security should
enforce access restrictions.
Response:
Comment noted. This issue is addressed though the MMRP and conditions of
approval, including requirements for a detailed security plan.
E-IO: Summary of Comment:
This comment suggest use of interpretive/educational signs in the Preserve areas
adj acent to the proj ect.
Response:
Comment noted. This issue is addressed though the MMRP and conditions of
approval, including requirements for fencing and sensitive habitat signage.
E-ll: Summary of Comment:
This comment requests a copy of the Cultural report prepared for the project.
Response:
The City will provide the County with requested information.
E-12: Summary of Comment:
This comment refers to potential conflicts with future uses associated with the
OVRP.
Response:
The proposed project is a temporary use, and as such would not conflict with or
preclude future uses associated with the OVRP.
F. Theresa Acerro
PO Box 8697 Chula Vista
E-mail sent May 21,2007
Comment/Response F-I
F-l: Summary of Comment:
The CO ("hot spot") analysis contained in the MND and associated Air Quality
Technical Report should have evaluated the included the race vehicales.
Response:
Page 17 of24
15-136
CO emissions from Race Participants are significantly less than the anticipated
spectator traffic. If viewed independently, Race Participant CO emissions are
below even the screening threshold levels (17.23 Ibs/day compared to the
screening threshold of 550 Ibs/day). This is noted in Table 5 of the Air Quality
Technical Report. Therefore, hot spot analysis would not be triggered for Race
vehicle operation emissions.
G. U.S. Fish and Wildlife Service / CA Department of Fish and Game
6010 Hidden Valley Road
Carlsbad, California 920 II
Comments/Responses G-I(a-f) through G-5
G-l(a). Summary of Comment:
Applicant should develop a monitoring plan to document the effectiveness
of the required mitigation measures and conditions of approval related to
protection of the City's MSCP Preserve.
Response to G-l(a):
Comment noted. This comments does not address the adequacy of the
Mitigated Negative Declaration. As a condition of approval (Condition
#50), the Applicant is required to prepare a monitoring report to the
satisfaction of the City's Environmental Review Coordinator detailing the
results of the acoustical, biological, water quality, and air quality
monitoring. Additionally, the City's mitigation monitor will be on site
thought the race weekend(s), documenting race activities and ensuring
proper implementation of the mitigation measures contained in the
adopted Mitigation Monitoring Reporting Program (MMRP).
G-l(b).
Summary of Comment:
Applicant should prepare and distribute a detailed set of operational rules
for race patrons utilizing the camping area.
Response to G-l(b):
As stated in Section H of the MND under Public Services, the project
applicant shall prepare a security plan to be approved by the Chula Vista
Police Chief prior to the start of the race event. The security plan shall
detail, among other items, the number of security personnel provided,
general distribution of security throughout the race event, and number of
uniformed Chula Vista police staff required. In addition, the following
conditions of approval have been incorporated into the Conditional Use
Permit:
Condition #57: "Prior to approval of the proposed CUP, the project
applicant shall prepare a security plan to be approved by the Chula Vista
Police Chief and the City's Environmental Review Coordinator. The
security plan shall detail, among other items, the number of security
Page 18 of24
15-137
G-l(c).
G-l(d).
Page 19 of24
personnel provided, general distribution of security throughout the race
event including Preserve areas, and number of uniformed Chula Vista
police staff required. In order to maintain the biological integrity of the
adjacent Preserve areas, the security plan shall further describe all
activities that are prohibited within or adjacent to Preserve areas as well
as address how violations are to be processed. Prohibited activities
include, but are not limited to, use of illegal fireworks, campfires, use of
personal ATV's within the project area including camping and parking
areas, encroachment into designated Preserve areas and/or sensitive
habitat areas, and pedestrian use of the Otay River and Wolf Canyon
shuttle routes."
Condition #58: "The Applicant shall enforce the following rules in the
camping area: 1) an 11 p.m. curfew on noise disturbance (e.g., no loud
speaking equipment or stereos will be allowed), proper disposal of all
trash, a prohibition on leaving the campground and intruding into the
adjacent Preserve areas, and a prohibition on the personal use of
fireworks. All campers should receive a leaflet explaining the
campground rules, how campers will be able to access the racetrack (i.e.,
via shuttle on lvi, and the biological sensitivity of the surrounding areas."
Summary of Comment:
The comment raises concerns about the use of fireworks during the race
weekend and the potential noise disturbance in the adjacent Otay River
Valley.
Response to Comment G-l(c):
Use of illegal fireworks during the race weekend is strictly prohibited and
shall be monitored and enforced in accordance with the Security Plan. The
MND assumed limited use of fireworks during pre-race introductions and
awards ceremonies. Use of fireworks will be limited to the awards stage
located in the middle of the race course, approximately 500' north of the
Preserve and will be adequately shielded from the adjacent Preserve by the
noise attenuation barrier and existing topography. Given the distance to
the Preserve, limited charge and use, and the site's existing use (rock
quarry with significant blasting), the use of limited fireworks during pre-
race introductions and awards ceremony is not expected to result in any
significant impacts.
Summery of Comment:
The comment raises concerns regarding the location of the proposed
parking area with respect to the adjacent Preserve areas. Comment also
recommends that parking stalls be clustered and located no closer than 100
feet to adjacent Preserve areas.
Response to Comment G-l(d):
15-138
G-l(e).
G-l(f).
Page 20 of24
Comment noted. This comments does not address the adequacy of the
Mitigated Negative Declaration. To address this concern, the following
condition of approval has been added to the CUP:
Condition #57: "Parking and camping stalls shall be sited a minimum of
100 feet away from the Preserve edge and/or any identified areas
containing sensitive biological and archeological resources. Parking and
camping stalls shall be sited under the direction of a qualified biologist
and archeologist."
On site security staff shall be responsible for directing race patrons to the
designated shuttle drop-off / pick up locations. Pedestrian access through
the Preserve is prohibited and shall also be enforced by on site security in
accordance with the approved security plan.
Summery of Comment:
The comment raises concerns regarding the location of the proposed
camping area located within the Active Recreation area and its close
proximity to the adjacent Preserve areas. Comment also recommends that
the camping area be appropriately fenced and that camping stalls be
clustered and located no closer than 100 feet to adj acent Preserve areas.
Response to Comment G-l(e):
As stated in Section H of the MND, prior to commencement of each race
event, prominently colored, well-installed biological fencing shall be
installed place wherever the project limits are adjacent to the Preserve,
sensitive vegetation communities, and/or any other biological resources, as
identified by a qualified monitoring biologist. Figure 3 of the MND
identifies the general location of the required fencing.
Additionally, as stated in Section H of the MND, prior to commencement
of each race event "Sensitive Habitat - Keep Out" signage shall be posted
every 150 feet along the Preserve edge to discourage access to the
Preserve. In addition, the project shall be required to either prohibit
domestic pets, or require that all pets remain on leashes pursuant to
applicable leash law requirements.
Camping stalls will be clustered and located a minimum of 100 feet from
the Preserve edge. Refer to Response to Comment G-l(d) above.
Summary of Comment:
The comment raises concerns regarding pedestrian access through the
Preserve. Comment states the MND addresses shuttle access but does not
state that pedestrian access through the Preserve is prohibited.
Response to Comment G-l(f):
15-139
G-2.
Page 21 of24
As stated on page 6 of the final MND, pedestrian access through Wolf
Canyon and across the Otay River will be prohibited and monitored by on-
site security staff. To supplement this project feature, the following
condition approval has been added to the CUP:
Condition #54: "Use of the existing Otay River access road
(Parking and Camping Areas to Track Area) and existing Wolf
Canyon access road during the race weekend(s) by pedestrians is
strictly prohibited. On-site security staff shall direct race patrons
to the appropriate shuttle pick-up/drop-off locations. Enforcement
of this condition shall be detailed in the proponents security plan
which shall be reviewed and approved by the city's Environmental
Review Coordinator prior to the commencement of any race
related activities."
Summary of Comment - Sentences 1 and 2:
The comment raises concern over perceived inconsistencies in noise level
estimates in the MND and technical studies in the discussion of both noise
and biological impacts. Specifically, the comment points out that the
projected unattenuated noise is reported as both 93 dBA and 85 dBA
indicating an inconsistency.
Response to Comment G-2 - Sentences 1 and 2:
The following information is contained in the MND. A summary of the
noise discussion is being provided in order to adequate response to this
comment: the 93 dBA figure represents the projected noise level at 100
feet from the edge of the track, while 85 dBA figure represents the
projected noise level at the nearest habitat area, which is approximately
250 feet from the proposed race track. The difference between the 93
dBA and 85 dBA values is therefore attributable to distance attenuation.
Summary of Comment - Sentences 3 through 7:
Information on Page 19 indicates reduction of noise to 75dBA, "which is
below the ambient noise level", however, on Page 25, the attenuation
range of 3 to 5 dBA is given, which when applied to the value of 93dBA,
gives a resulting lowest value of 88dBA.
Response to Comment - Sentences 3 through 7:
There are three areas of confusion in this comment, which the following
clarification will address:
1. As noted above, the unattenuated projected noise at the nearest
habitat area is 85dBA, not 93 dBA.
2. The analysis does not characterize the impacts to be absolutely
below ambient noise levels. Instead, the analysis indicates that
15-140
G-3.
Page 22 of24
the site has been subj ected to a variety of noise generating uses
over many years, specific data for which are not available.
During that same past time frame, data have been collected for
sensitive bird locations and nesting activity within the
surrounding Preserve area. The data provided on ambient noise
represents a one-time measurement characterizing mining
activity noise on a single occasion. The analysis generally
characterizes ambient noise based on those one-time
measurements.
3. The project noise study estimates that the total noise attenuation
provided by both intervening topography and the noise barrier to
be lOdBA. The 3-5 dBA value represents the portion of that
estimated attenuation attributable to the barrier only. Therefore,
applying the 10 dBA estimated attenuation to the 85 dBA value
projected for unattenuated noise at the nearest habitat location,
results in a projected attenuated noise level of 75 dBA at the
nearest habitat location, as indicated in the noise analysis and the
MND.
Summary of Comment:
This comment recommends replacement of the mitigation measure
contained in Section H of the draft MND pertaining to pre-activity
monitoring for burrowing owls with a more detailed condition.
Response to Comment G-3:
Comment noted. The mitigation measure pertaining to burrowing owls in
the draft MND has been replaced by mitigation language provided by the
Wildlife Agencies. The following mitigation measure has been
incorporated into the final MND and associated MMRP:
"To ensure that no direct or indirect impacts to nesting borrowing owls
occur during site preparation and active use of the parking and camping
areas, prior to initiating any site preparation-related activities, pre-active
use surveys must be performed by a City-approved biologist to determine
the presence or absence of active burrows within all suitable habitat. The
surveys must be conducted within 10 calendar days prior to the start of
site preparation or use, and the results submitted to the City's
Environmental Review Coordinator for review and approval prior to
initiating any site preparation activities. If an active burrow is detected, a
mitigation plan shall be prepared by a City-approved biologist and
submitted to the City's Environmental Review Coordinator for review and
approval. The project applicant shall implement the approved mitigation
plan to the satisfaction of the City's Environmental Review Coordinator.
Setbacks of 300 feet or more from occupied burrows shall be established
and enforced until the young are completely independent of the nest. To
15-141
minimize all impacts and ensure that no nests are removed or disturbed
and no nesting activities are disturbed, a bio-monitor must be on site
during all project activities until all young have fledged."
G-4. Summary of Comment:
The comment indicates that the proposed "off-setting" measures described in the project
description should be added as Mitigation Measures in the final MND under the
Biological Resources subheading.
Response to Comment G-4:
The project as proposed, contains numerous design features indented minimize edge
effects. These features were developed, in part, through the Applicant's discussions with
the City and Wildlife Agencies. The design features associated with the protection of
adjacent Preserve areas were factored into environmental analysis as required project
features, not mitigation.
However, in order to address this comment and to further support the information
provided in the draft MND, the design features and monitoring requirements have been
added as conditions of approval in the proposed Conditional Use Permit (refer to attached
CUP conditions 49 through 58).
Page 23 of24
15-142
G-S. Summary of Comment:
This comment notes Applicant's intensions pursue a semi-permanent track at this
location. The Wildlife Agencies recommended that the project Applicant, include the
Wildlife Agencies in any discussions related to a permanent facility to discuss the
potential impacts to sensitive resources.
Response to Comment G-S:
Comment noted. The City has not yet received an application for a semi-permanent track
at this location. In the event that future race related activities are proposed, the City will
coordinate with the Wildlife Agencies to discuss the long term effects of a permanent
track at this location.
Page 24 of24
15-143
ATTACHMENT "A"
MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
OTAY RANCH CONDITIONAL USE PERMIT FOR TEMPORARY
CHAMPIONSHIP OFF-ROAD RACE 2007 -IS-07-030
This Mitigation Monitoring and Reporting Program has been prepared by the City ofChula Vista
in conjunction with the proposed Otay Ranch Conditional Use Permit for Temporary
Championship Off-Road Race 2007 (MND IS-07-030). The proposed project has been
evaluated in an Initial Study/Mitigated Negative Declaration prepared in accordance with the
California Environmental Quality Act (CEQA) and City/State CEQA Guidelines. The
legislation requires public agencies to ensure that adequate mitigation measures are implemented
and monitored for Mitigated Negative Declarations.
AB 3180 requires monitoring of potentially significant and/or significant environmental impacts.
The Mitigation Monitoring and Reporting Program for this project ensures adequate
implementation of mitigation for the following potential impacts(s):
1. Air Quality
2. Biological Resources
3. Cultural Resources
4. Geology/Soils
5. Hazards/Hazardous Materials
6. Hydrology and Water Quality
7. Public Services
8. Transportation/Traffic
MONITORING PROGRAM
Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinators
shall be the Environmental Review Coordinator and City Engineer of the City of Chula Vista.
The applicant shall be responsible to ensure that the conditions of the Mitigation Monitoring and
Reporting Program are met to the satisfaction of the Environmental Review Coordinator and
City Engineer. The applicant shall provide evidence in written form confirming compliance with
the mitigation measures specified in Mitigated Negative Declaration IS-07-030 to the
Environmental Review Coordinator and City Engineer. The Environmental Review Coordinator
and City Engineer will thus provide the ultimate verification that the mitigation measures have
been accomplished.
Table 1, Mitigation Monitoring and Reporting Program Checklist, lists the mitigation measures
contained in Section H, Mitigation Necessary to Avoid Significant Effects, of Mitigated
Negative Declaration IS-07-030, which will be implemented as part of the project. In order to
determine if the applicant has implemented the measure, the method and timing of verification
are identified, along with the City department or agency responsible for monitoring/verifying
that the applicant has completed each mitigation measure. Space for the signature of the
verifying person and the date of inspection is provided in the last column.
15-144
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15-154
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23
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.".
Attachment A Appendix A
IMPLEMENTATION OF BEST MANAGEMENT PRACTICES
FOR
STORM WATER POLLUTION PREVENTION
AT THE PROPOSED
CHULA VISTA RACEWAY SITE
The Chula Vista Raceway site improvements are scheduled to be completed by June of 2007, with
the initial racing event scheduled for June 9th and 10th, 2007. There is an additional race event
scheduled for Sept. 29th and 30th, 2007. Improvements associated with the production of race
events will be temporary, and will be removed upon completion of the final race event. A site-
specific Storm Water Pollution Prevention Plan (SWPPP) has been developed, and will be used
during the grading phase and also will be followed during all race events held at the site.
It is the intention of James P. Baldwin and Associates and CORR Racing to take all necessary
precautions to prevent any instances of storm water pollution from occurring due to activities at this
site. In order to achieve and maintain compliance with all applicable storm water regulations,
operations at the site will incorporate the use of Best Management Practices as described in the
SWPPP as approved by the City of Chula Vista, as well as any additional requirements imposed by
the City.
After all construction related activities at the site have been completed, a Notice of Termination will
be filed with the State of California, leaving discharges associated with future operations at the site
subject to regulation under the jurisdiction of the City of Chula Vista Storm Water Ordinance,
County of San Diego Hazardous Waste Storage and Disposal Regulations, and current NPDES
regulations.
Best Management Practices have been developed for racing events at the Chuia Vista Raceway
site, and will be implemented before any vehicle traffic is permitted on the race course. A
description of these BMP's would include the following:
EXISTING I PRE RACE EVENT BMP's
Erosion / Sediment Control- Improvements at the site will consist of a temporary gravel race track,
placement of temporary bleachers, fencing, vendor facilities (trailers), portable sanitation, gravel
access roads, parking lots, storage areas, vehicle maintenance facilities (pit area), vehicle wash
station, hazardous waste containment area, and trash storage areas. All temporary improvements
will be removed from the site at the conclusion of the final race event.
During the construction phase, any sediment laden runoff will be directed to one of two existing
desilt basins. The outlets of these basins will be capped to eliminate any discharge to the Otay
River.
An existing perimeter berm at the southern boundary between the site and the Otay River will be
reinforced to prevent any inadvertent runoff from reaching the river.
In addition, the racetrack will be graded along ridge lines, or elevated such that all runoff from the
track drains toward an infield retention area designed to capture run off from the track surface and
hold it to allow for infiltration or future removal. Treatment BMPs such as bio-swales, hay bales, etc
will be used in areas of minor slopes where.ru9off does not drain directly to a retention basin.
1:'- 55
1
Dust control will be accomplished by the use of water trucks during the earth moving stages of
construction.
Silt fences are used at the perimeter of the site, with gravel bag reinforcement in all areas of
concentrated flows. In natural watercourses, additional gravel bags are used to supplement silt
fences, providing additional erosion control and velocity reduction. The locations of erosion control
BMP's are shown on the Erosion Control exhibit in the SWPPP.
A stabilized construction entrance will be provided at the entrance to the site. Street sweeping will
be performed as needed to keep mud from accumulating on paved entrance roads leading to the
site.
BMP's for erosion and sediment control may also include the use of geo-textiles, erosion control
blankets, tackifler and bonded fiber matrix (BFM).
All disturbed areas will be temporarily stabilized, until permanent methods of stabilization can be
utilized. Temporary and permanent examples of BMP's for sediment control include the use of silt
fences, gravel bags, fiber rolls and retention basins.
RACE EVENT BMP's
Hazardous Material Containment Areas - BMP's utilized during Race Events include secondary
containment at vehicle maintenance (pit) areas, hazardous materials storage areas, vehicle wash
stations, portable bathrooms, trash disposal and materials storage areas. Additionally, any fuel
drum storage and used oil storage areas will be contained and also bermed. Hazardous materials
are to be placed in closed containers to prevent contact with runoff and to prevent spillage to the
storm water conveyance system. Secondary containment, such as berms or dykes, will also be
provided. Vactor trucks will be used to remove runoff from the containment areas and the collected
runoff will be disposed of in accordance with City standards. Hazardous Waste containers will
remain covered at all times. Run-on from adjacent areas will be prevented from coming into contact
with the containment areas. Attached lids are provided on all trash containers to minimize direct
precipitation.
Site Runoff - Two desilting basins will be used as retention basins. Outlets will be blocked off so
that no runoff will be allowed to discharge from these basins. At the conclusion of each racing
event, accumulated debris and pollutants will be removed from these basins and disposed of in
accordance with City standards. A temporary chain link perimeter fence will be located at the
perimeter of the site to prevent the escape of wind blown trash and debris. There is an existing
earthen berm along the southern edge of the proposed race track facilities that will also prevent
any direct run-off into the Otay River.
Maintenance - Dust and trash control measures are included as well. To further inhibit sediment
migration, the track will be watered between races. Access roads and parking areas will be
routinely watered as well. Onsite trash collection will be performed throughout each event. Parking
areas are graded, with silt fences and bio-filters along the perimeter to treat oil and grease from
parked vehicles.
There are no permanent utilities at the site. Generators, water trucks, a vactor truck, and portable
bathroom facilities will be utilized. No temporary facilities will remain on site after the final race
event. Long term maintenance of all remaining BMP's are the responsibility of James P. Baldwin
and Associates and CORR Racing, who guarantee performance of proper BMP maintenance by
the posting of a performance bond as required by the City of Chula Vista.
15-156
2
Access Roads - There is one proposed access roads into the site. This will be used for public
access and emergency access during race events. The main entrance to the facility is from the
intersection of Main Street and Heritage Road and runs eastward on Wiley Road toward the
existing rock quarry. The main access road will have a crushed asphalt base 6" in depth, for the
first 200' from the point of entry. Maintenance will be continuous during race events. James P.
Baldwin & Associates and Championship Off Road Racing (CaRR) will be responsible for the
maintenance of these construction entrances and all other BMP's described herein.
Trackina - To insure that no tracked sediment reaches the storm drain system, a sweeper truck will
be employed to remove any sediment deposited onto Main Street or Heritage Road due to
increased traffic during race events. All efforts will be made to prevent mud from being tracked
onto public roads. In no case will vehicles be permitted to drive on, or park in muddy areas, or to
leave the site without first removing any accumulations of loose mud. In the event of rain, all race
events will be rescheduled.
Wind Erosion/Dust Control - Silt fencing and temporary chain link fencing will be provided at the
site perimeter to prevent escape of trash, debris or sediment to the surrounding area. This BMP is
designed to capture wind-blown pollutants. To enhance the dust control efforts, the track will be
watered extensively between races. To enhance trash control efforts, onsite trash collection is
provided throughout race events.
POST CONSTRUCTION BMP's
Desilt Basins - Runoff from the track drains to at least three infield retention basins. These basins
are designed as retention basins. In other words, no runoff is allowed to discharge from these
basins. The remaining portion of the track facilities will drain to two retention basins located near
the southern boundary. These basins will have no outlets, and will serve as treatment for runoff
from the remaining portion of the race track and areas to the west of the track. The two pre existing
basins at the south boundary with the Otay River will remain after race events have concluded.
Site Runoff - A perimeter berm is located at the grading limits to prevent the discharge of trash,
debris or sediment to the surrounding area, and will remain in place post race events.
Veaetation - Existing vegetation has been retained where ever possible. As the site is currently in
use as a rock quarry, a large percentage of the site has been previously disturbed. The site will
revert to the existing use as a rock quarry after the final race event.
FUTURE SITE CONSIDERATIONS
BMP's for the prevention of Storm Water Pollution, including but not limited to the above described
items, will remain in place until the conclusion of race events at this location.
The site will revert to its current use as a rock quarry at the conclusion of scheduled racing events.
A site specific SWPPP along with approved BMP's will be implemented for future rock quarry
operations.
RH 4i16/2007
15-157
3
~!~
-r-
---
--
ENVIRONMENTAL CHECKLIST FORM
OlYQF
CHULA VISTA
1. Name of Proponent:
2. Lead Agency Name and Address:
3. Addresses and Phone Number of Proponent:
4. Name of Proposal:
5. Date of Checklist:
6. Case No.
ENVIRONMENTAL ANALYSIS QUESTIONS:
ISSUES:
I. AESTHETICS. Would the project:
a) Have a substantial adverse effect on a scenic
vista?
b) Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within a
state scenic highway?
c) Substantially degrade the existing visual
character or quality of the site and its
surroundings?
d) Create a new source of substantial light or
glare, which would adversely affect day or
nighttime views in the area?
James P. Baldwin
City of Chula Vista
Planning and Building Department
276 Fourth Avenue
Chu1a Vista, CA 91910
610 West Ash Street
Suite 1500
San Diego, CA 92101
Temporary Championship Off-Road
Race
Apri119,2007
IS-07-030
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
No
Impact
Less Than
Significant
-Impact
D
D
o
D
[8]
[8]
D
D
D
o
[8]
D
D
D
[8]
D
4120/07
15-158
ISSUES:
Potentially
Significant
Impact
Less Thalli
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Comments:
a-d) The proposed project will be limited in scope and duration, and involves only minor site preparation
for the proposed dirt track, and parking, spectator and race-participant areas. Security lighting will be
provided in the pit areas and the proposed camping area. While the proposed activities may be visible
from some existing residential areas the track and pit areas would be located within portions of an
existing rock quarry not currently subject to active mining, and would be temporary, and therefore would
not permanently alter the aesthetic or visual character of the site
Mitigation: No mitigation measures are required.
II. AGRICUL TVRAL RESOURCES. In determining whether impacts to agricultural resources are
significant environmental effects, lead agencies may refer to the California Agricultural Land
Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an
optional model to use in assessing impacts on agriculture and farmland. Would the project::
a) Convert Prime Farmland, Unique Farmland, or 0 0 ~ 0
Farmland of Statewide Importance (Farmland),
as shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of
the California Resources Agency, to non-
agricultural use?
b) Conflict with existing zoning for agricultural use, 0 0 ~ 0
or a Williamson Act contract?
c) Involve other changes in the eXlst10g 0 0 ~ 0
environment, which, due to their location or
nature, could result 10 conversion of
Farmland, to non-agricultural use?
Comments:
a-c) Portions of the project site have been historically farmed, including the parking area within Village
Three and the camping area in the Otay River Valley. The proposed project is not expected to interfere
significantly with agricultural practices on the project site, due to the limited duration and scope of the
project. The proposed parking would be located in areas that were previously used for agricultural
activities; but have an approved SPA plan for urban uses, and therefore continued use for agriculture on
the Village Three site is not anticipated in the long term. The camping area is located within an area that
is planned for active recreation uses. Preparation of the camping area would be limited to mowing of the
site. Mowing activities would clear the site leaving the roots intact and therefore, implementation of the
proj ect would not preclude future ongoing agricultural use of the active recreation areas.
Mitigation: No mitigation measures are required.
III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality
management or air pollution control district may be relied upon to make the following determinations.
Would the project:
a) Conflict with or obstruct implementation of the 0 0 ~ 0
applicable air quality plan?
4/20/2007
15-159
2
ISSUES:
b) Violate any air quality standard or contribute
substantially to an existing or proj ected air
quality violation?
c) Result III a cumulatively considerable net
increase of any criteria pollutant for which the
project region IS non-attainment under an
applicable federal or state ambient air quality
standard (including releasing ernissions, which
exceed quantitative thresholds for ozone
precursors)?
d) Expose sensitive receptors to substantial
pollutant concentrations?
e) Create objectionable odors affecting a
substantial number of people?
Comments:
a-e) See Mitigated Negative Declaration, Section G.
Potentially
Significant
Impact
o
o
o
o
Less Than
Significant
With
Mitigation
Incorporated
o
o
o
o
Less Than
Significant
Impact
~
~
~
~
No
Impact
o
o
o
o
Mitil!ation: The mitigation measures contained in Section H of the Mitigated Negative Declaration
would mitigate potentially significant air quality impacts to a level ofless than significance.
IV. BIOLOGICAL RESOURCES. Would the
proj ect:
a) Have a substantial adverse effect, either directly
or through habitat modifications, on any species
identified as a candidate, sensitive, or special
status species in local or regional plans, policies,
or regulations, or by the California Department
of Fish and Game or U.S. Fish and Wildlife
Service?
b) Have a substantial adverse effect on any
riparian habitat or other sensitive natural
corrununity identified in local or regional plans,
policies, regulations or by the California
Department of Fish and Game or U.S. Fish and
Wildlife Service?
c) Have a substantial adverse effect on federally
protected wetlands as defined by Section 404 of
the Clean Water Act (including, but not lirnited
to, marsh, vernal pool, coastal, etc.) through
direct removal, filling, hydrological
intemJption, or other means?
o
o
o
o
o
o
o
o
~
(gJ
(gJ
o
4/20/2007
3
15-160
ISSUES:
d) Interfere substantially with the movement of
any native resident or migratory fish or wildlife
species or with established native resident or
migratory wildlife corridors, or impede the use
of native wildlife nursery sites?
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
I) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural Community
Conservation Plan, or other approved local,
regional, or state habitat conservation plan?
Comments:
a-I) See Mitigated Negative Declaration, Section G.
Potentially
Significant
Impact
o
Less Than
Significant
With
Mitigation
Incorporated
o
Less Than
Significant
Impact
o
No
Impact
~
o
o
Mitil!ation: The mitigation measures contained in Section H of the Mitigated Negative Declaration
would mitigate potentially significant biological resources impacts to a level ofless than significance.
V. CULTURAL RESOURCES. Would the
proj ecl:
a) Cause a substantial adverse change m the
significance of a historical resource as defmed
1ll S 15064.5'
b) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to S l5064.5?
c) Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?
d) Disturb any human remains, including those
interred outside of formal cemeteries?
Comments:
a-d) See Mitigated Negative Declaration, Section G.
o
o
~
o
o
o
~
Mitil!ation: The mitigation measures contained in Section H of the Mitigated Negative Declaration
would mitigate potentially significant impacts to paleontological resources to a level of less than
significance.
o
o
~
4/20/2007
15-161
4
o
[8]
o
o
o
~
o
o
~
o
o
o
ISSUES:
VI. GEOLOGY AND SOILS -- Would the
project:
a) Expose people or structures to potential
substantial adverse effects, including the risk of
loss, injury or death involving:
1. Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on
other substantial evidence of a known fault?
Refer to Division of Mines and Geology
Special Publication 42.
11. Strong seismic ground shaking?
111. Seismic-related ground failure, including
liquefaction?
IV. Landslides?
b) Result in substantial soil erosion or the loss
oftopsoil?
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in on-
or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in Table
l8-1-B of the Uniform Building Code (1994),
creating substantial risks to life or property?
e) Have soils incapable of adequately supporting
the use of septic tanks or alternative
wastewater disposal systems where sewers are
not available for the disposal of wastewater?
Potentially
Significant
Impact
o
o
o
o
o
o
o
o
Less Than
Significant
With
Mitigation
Incorporated
o
o
o
o
I2<:J
o
o
o
Less Than
Significant
Impact
I:8J
I:8J
I:8J
I:8J
o
I:8J
I:8J
o
No
Impact
o
o
o
o
o
o
o
I:8J
4120/2007
15-162
5
ISSUES:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
No
Impact
Less Than
Significant
Impact
Comments:
a-e) The project consists of a temporary use, and involves no grading, excavation or cutting/filling of
slopes, and involves only minor site preparation for the dirt track. The project is a temporary event taking
place over two separate weekends, and no permanent structures are proposed. Therefore, the project
would not expose people or structures to potential substantial adverse effects involving seismic ground
shaking, seismic-related ground failure or landslides; nor would it be affected by potential unstable soils,
or cause soils to become unstable, or result in or be affected by liquefaction or collapse. Further, the
project does not propose the use of septic tanks or alternative wastewater disposal systems. Site
preparation would have the potential to result in erosion impacts. Erosion control measures and erosion
Best Management Practices will be identified in the Implementation of Best Management Practices for
Storm Water Pollution Prevention at the Otay Ranch Championship Race Track Site and are further
detailed in Section G of the MND. With implementation of the proposed measures, impacts would be
less than significant.
Mitil!ation: The mitigation measures contained in Section H of the Mitigated Negative Declaration
would mitigate potentially significant impacts to geology and soils to a level of less than significance.
VII. HAZARDS AND HAZARDOUS
MATERIALS. Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use,
or disposal of hazardous materials?
b) Create a significant hazard to the public or the
environment through reasonably foreseeable
upset and accident conditions involving the
release of hazardous materials into the
environment?
c) Emit hazardous emissions or handle hazardous
or acutely hazardous materials, substances, or
waste within one-quarter mile of an existing or
proposed school?
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code section 65962.5 and, as a
result, would it create a significant hazard to the
public or the environment?
e) For a project located within an airport land use
plan or, where such a plan has not been adopted,
within two miles of a public airport or public use
airport, would the project result in a safety
hazard for people residing or working in the
project area?
f) For a project within the vicinity of a private
airstrip, would the project result in a safety
o
l2J
o
o
o
l2J
o
o
o
o
.l2J
o
o
o
l2J
o
o
o
o
l2J
o
o
o
l2J
4/20/2007
15-163
6
ISSUES:
hazard for people residing or working in the
project area?
g) Impair implementation of or physically interfere
with an adopted emergency response plan or
emergency evacuation plan?
h) Expose people or structures to a significant
risk ofloss, injury or death involving
wildland fires, including where wildlands are
adjacent to urbanized areas or where
residences are intermixed with wildlands?
Comments:
a-h) See Mitigated Negative Declaration, Section G.
Mitieation:
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
0 0 0 ~
0 0 0 ~
The mitigation measures contained in Section H of the Mitigated Negative Declaration would mitigate
potentially significant hazardslhazardous material impacts to level of less than significance.
Vlll. HYDROLOGY AND WATER QUALITY.
Would the project::
a) Result in an increase in pollutant discharges to
receiving waters (including impaired water
bodies pursuant to the Clean Water Act Section
303(d) list), result in significant alteration of
receiving water quality during or following
construction, or violate any water quality
standards or waste discharge requirements?
b) Substantially deplete groundwater supplies or
interfere substantially with groundwater
recharge such that there would be a net deficit in
aquifer volume or a lowering of the local
groundwater table level (e.g., the production rate
of pre-existing nearby wells would drop to a
level which would not support existing land uses
or planned uses for which permits have been
granted)? Result in a potentially significant
adverse impact on groundwater quality?
c) Substantially alter the existing drainage pattern
of the site or area, including through the
alteration of the course of a stream or river, in a
manner, which would result in substantial
erosion or siltation on- or off-site?
d) Substantially alter the existing drainage pattern
of the site or area, including through the
o
[gJ
o
o
o
o
o
~
o
o
[gJ
o
o
o
o
~
4/20/2007
7
15-164
ISSUES:
Potentially
Significant
Impact
alteration of the course of a stream or river,
substantially increase the rate or amount of
surface runoff in a manner which would result in
flooding on- or off-site, or place structures
within a I DO-year flood hazard area which
would impede or redirect flood flows?
e) Expose people or structures to a significant risk 0
of loss, injury or death involving flooding,
including flooding as a result of the failure of a
levee or dam?
I) Create or contribute runoff water, which would 0
exceed the capacity of existing or planned
stormwater drainage systems or provide
substantial additional sources of polluted runoff?
Comments:
Comments: (a-I) See Mitigated Negative Declaration, Section G.
Mitil!:ation:
Less Thalll
Significant
With
Mitigation
Incorporated
o
o
Less Than
Significant
Impact
~
o
No
Impact
o
t8l
The mitigation measures contained in Section H of the Mitigated Negative Declaration would mitigate
potentially significant Hydrology/Water Quality impacts to a level of less than significance.
IX. LAND USE AND PLANNING. Would the
project:
a) Physically divide an established community?
b) Conflict with any applicable land use plan,
policy, or regulation of an agency with
jurisdiction over the project (including, but not
limited to the general plan, specific plan, local
coastal program, or zoning ordinance) adopted
for the purpose of avoiding or mitigating an
environmental effect?
c) Conflict with any applicable habitat conservation
plan or natural community conservation plan?
o
o
o
o
o
o
o
o
t8l
t8l
t8l
o
4/20/2007
8
15-165
ISSUES:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Comments:
a-c) The proposed project would not permanently alter land use or propose any changes to existing or
planned uses. As such, the project would not divide an established community or conflict with any land
use plans or policies adopted for the purposes of avoiding or mitigating an environmental effect. The
project would not conflict with the City of Chula Vista MSCP Subarea Plan, (see Section N, Biological
Resources). Therefore, the project would not result in any impacts on land use and planning.
Mitil!ation:
No mitigation measures are required.
X. MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a known 0 0 ~ D
mineral resource that would be of value to the
region and the residents of the state?
b) Result in the loss of availability of a locally- 0 D ~ D
important mineral resource recovery site
delineated on a local general plan, specific plan
or other land use plan?
Comments:
a-b) The track, pit and grandstand areas of the project are located within the reclaimed portions of an
existing rock and aggregate quarry. However, resource extraction has already occurred within the portion
of the quarry where the uses are proposed. Portions of the project that are not located within the quarry
would not involve extensive excavation or earthwork (including import or export of materials) that would
have the potential to result in a loss of resources. Therefore, no substantial loss of mineral resources are
anticipated.
Mitil!ation:
No mitigation measures are required.
XI. NOISE. Would the project result in:
a) Exposure of persons to or generation of noise
levels in excess of standards established in the
local general plan or noise ordinance, or
applicable standards of other agencies?
b) Exposure of persons to or generation of
excessive groundbome vibration or groundbome
noise levels?
c) A substantial permanent increase in ambient
noise levels in the project vicinity above levels
existing without the project?
o
D
~
D
o
D
~
D
o
D
D
~
4/20/2007
15-166
9
d) A substantial temporary or periodic increase in
ambient noise levels in the project vicinity above
levels existing without the project?
e) For a project located within an airport land use
plan or, where such a plan has not been adopted,
within two miles of a public airport or public use
airport, would the project expose people residing
or working in the project area to excessive noise
levels?
I) For a project within the vicinity of a private
airstrip, would the project expose people
residing or working in the project area to
excessive noise levels?
Comments:
(a-I) See Mitigated Negative Declaration, Section G.
Less Than
Significant
Potentially With Less Tban
Significant Mitigation Significant No
Impact Incorporated Impact Impact
0 0 [8J 0
0 0 0 [8J
ISSUES:
o
o
o
[8J
Mitil!ation:
The mitigation measures contained in Section H of the Mitigated Negative Declaration would mitigate
potentially significant Noise impacts to a level of less than significance.
XII. POPULATION AND HOUSING. Would
the project:
a) Induce substantial population growth in an area, 0 0 0 [8J
either directly (for example, by proposing new
homes and businesses) or indirectly (for
example, through extension of road or other
infrastructure)?
b) Displace substantial numbers of existing 0 0 0 l8J
housing, necessitating the construction of
replacement housing elsewhere?
c) Displace substantial numbers of people, 0 0 0 l8J
necessitating the construction of replacement
housing elsewhere?
Comments:
The proposed project would not change land uses or propose activities that would affect population or
housing growth.
XIII. PUBLIC SERVICES. Would the project:
a) Result in substantial adverse physical impacts
associated with the provision of new or
4/20/2007
15-167
10
ISSUES:
Potentially
Significant
Impact
Less 'filum
Significant
With
Mitigation
Incorporated
Less Than
Significant
1m pact
No
Impact
physically altered governmental facilities, need
for new or physically altered govenunental
facilities, the construction of which could cause
significant environmental impacts, in order to
maintain acceptable service ratios, response
times or other performance objectives for any
public services:
Fire protection? 0 rg] 0 0
Police protection? 0 rg] 0 0
Schools? 0 0 0 C2I
Parks? 0 0 0 C2I
Other public facilities? 0 0 0 rg]
Comments:
The proposed project would not involve changing land uses that would result in increased permanent
demand for public services personnel, equipment and facilities or result in changes in service levels. The
proposed project has the potential to result in hazards associated with accidents during the race events and
therefore create a temporary increase in demand for police and fire services. In order to reduce impacts
associated with accidents, security and safety, measures will be implemented that will mitigate potential
impacts to less than significant. Implementation of the accident prevention and security/safety measures
during site preparation and operation of the CORR events will reduce impacts to less than significant.
XIV. RECREATION. Would the project
a) Increase the use of existing neighborhood and 0 0 0 rg]
regional parks or other recreational facilities
such that substantial physical deterioration of
the facility would occur or be accelerated?
b) Does the project include recreational facilities 0 0 0 rg]
or require the construction or expansion of
recreational facilities which have an adverse
physical effect on the environment"
Comments:
a-b) The proposed project would not involve changing land uses that would result in increased demand
for recreational facilities or services.
Miti~atioD:
No mitigation measures are required.
XV. TRANSPORTATION /TRAFFIC.
Would the project
a) Cause an increase in traffic which is substantial
in relation to the existing traffic load and
o
rg]
o
o
4/20/2007
15-168
11
ISSUES:
capacity of the street system (i.e., result in a
substantial increase in either the number of
vehicle trips, the volume to capacity ratio on
roads, or congestion at intersections)
b) Exceed, either individually or cumulatively, a
level of service standard established by the
county congestion management agency for
designated roads or highways?
c) Result ill a change in aIT traffic patterns,
including either an increase in traffic levels or a
change in location that results in substantial
safety risks?
d) Substantially increase hazards due to a design
feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
e) Result in inadequate emergency access?
f) Result in inadequate parking capacity?
g) Conflict with adopted policies, plans, or
programs supporting alternative transportation
(e.g., bus turnouts, bicycle racks)?
Comments:
(a-g) See Mitigated Negative Declaration, Section G.
Miti\!ation:
Potentially
Significant
Impact
o
o
o
o
o
o
Less Than
Significant
With
Mitigation
Incorporated
o
o
o
o
o
o
Less Than
Significant
Impact
o
o
o
o
[8J
o
No
Impact
~
~
~
~
o
~
The mitigation measures contained in Section H of the Mitigated Negative Declaration would mitigate
potentially significant Transportation impacts to a level of less than significance.
XVI. UTILITIES AND SERVICE SYSTEMS.
Would the project:
a) Exceed wastewater treatment requirements of
the applicable Regional Water Quality Control
Board?
b) Require or result in the construction of new
water or wastewater treatment facilities or
expansion of existing facilities, the construction
of which could cause significant envirorunental
effects?
c) Require or result in the construction of new
storm water drainage facilities or expansion of
existing facilities, the construction of which
could cause significant environmental effects"
o
o
o
o
o
o
o
o
o
~
[8]
~
Ib-lbll
12
4/20/2007
ISSUES:
d) Have sufficient water supplies available to serve
the project from existing entitlements and
resources, or are new or expanded entitlements
needed?
e) Result in a determination by the wastewater
treatment provider which serves or may serve
the project that it has adequate capacity to serve
the project's projected demand in addition to the
provider's existing commitments?
Potentially
Significant
Impact
o
Less Thall1l
Significant
With
Mitigation
Incorporated
o
No
Impact
~
Less Than
Significant
Impact
o
o
o
o
~
f) Be served by a landfill with sufficient permitted 0 0 ~ 0
capacity to accommodate the project's solid
waste disposal needs?
g) Comply with federal, state, and local statutes 0 0 ~ 0
and regulations related to solid waste?
Comments:
a-g) The proposed project would not involve changing land uses or activities that would result in
increased demand for utilities.
Miti!!ation
No mitigation measures are required.
XVII. THRESHOLDS: Will the proposal adversely impact the City's Threshold Standards?
A) Librarv
The City shall construct 60,000 gross square feet
(GSF) of additional library space, over the June 30,
2000 GSF total, in the area east of Interstate 805 by
buildout. The construction of said facilities shall be
phased such that the City will not fall below the
citywide ratio of 500 GSF per 1,000 population.
Library facilities are to be adequately equipped and
staffed.
B) Police
a) Emergency Response: Properly equipped and
staffed police units shall respond to 81 percent of
"Priority One" emergency calls within seven (7)
minutes and maintain an average response time to
all "Priority One" emergency calls of 5.5 minutes
or less.
b) Respond to 57 percent of "Priority Two" urgent
calls within seven (7) minutes and maintain an
average response time to all "Priority Two" calls
o
o
o
~
o
~
o
o
15-170
13
4/20/2007
ISSUES:
of7.5 minutes or less.
C) Fire and Emergency Medical
Emergency response: Properly equipped and staffed
fIre and medical units shall respond to calls
throughout the City within 7 minutes in 80% of the
cases (measured annually).
D) Traffic
The Threshold Standards require that all intersections
must operate at a Level of Service (LOS) "e" or
better, with the exception that Level of Service
(LOS) "D" may occur during the peak two hours of
the day at signalized intersections. Signalized
intersections west of 1-805 are not to operate at a
LOS below their 1991 LOS. No intersection may
reach LOS "E" or "F" during the average weekday
peak hour. Intersections of arterials with freeway
ramps are exempted from this Standard.
E) Parks and Recreation Areas
The Threshold Standard for Parks and Recreation is
3 acres of neighborhood and community parkland
with appropriate facilities /1,000 population east of
1-805.
F) Drainage
The Threshold Standards require that storm water
flows and volumes not exceed City Engineering
Standards. Individual projects will provide
necessary improvements consistent with the
Drainage Master Planes) and City Engineering
Standards.
0) Sewer
The Threshold Standards require that sewage flows
and volumes not exceed City Engineering Standards.
Individual projects will provide necessary
improvements consistent with Sewer Master Planes)
and City Engineering Standards.
H) Water
The Threshold Standards require that adequate
storage, treatment, and transmission facilities are
constructed concurrently with planned growth and
that water quality standards are not jeopardized
during growth and construction.
Applicants may also be required to participate in
whatever water conservation or fee off-set program
Potentially
Significant
Impact
o
o
o
o
o
o
Less Than
Significant
With
Mitigation
Incorporated
~
~
o
o
o
o
Less Than
Significant
Impact
o
o
o
o
o
o
No
Impact
o
o
~
~
~
~
15 III
412012007 14
ISSUES:
Potentially
Significant
Impact
Less 'filum
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
the City of Chula Vista has in effect at the time of
building permit issuance.
Comments: See comments under section XIII and XIV.
XVIII. MANDATORY FINDINGS OF
SIGNIFICANCE
a) Does the project have the potential to degrade 0 0 [8] 0
the quality of the environmen~ substantially
reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop below
self-sustaining levels, threaten to eliminate a
plant or animal community, reduce the number
or restrict the range of a rare or endangered plant
or animal or eliminate important examples of the
major periods of California history or
prehistory?
b) Does the project have impacts that are 0 0 [8] 0
individually limited, but cumulatively
considerable? ("Cumulatively considerable"
means that the incremental effects of a project
are considerable when viewed in connection
with the effects of past projects, the effects of
other current project, and the effects of probable
future projects.)
c) Does the project have environmental effects 0 0 [8] 0
which will cause substantial adverse effects on
human beings, either directly or indirectly?
Comments:
Due to the limited scope, temporary nature and time frame for the proposed activities, it is not anticipated
that the project would result in significant environmental effects. The project would not have direct
effects on habitats or species, and the identified indirect effects have been found to be less than
significant. Cumulative impacts are not considerable due to the fact that the project is short-term in
nature, and that its individual effects are either less than significant, or mitigated to a less than significant
level. Based on the analysis provided in the MND, it is not anticipated that the project would cause
environmental effects that would result in direct or indirect substantially adverse effects on human beings.
XIX. PROJECT REVISIONS OR MITIGATION MEASURES
See MND
15 172
4/20/2007
15
XX. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project,
involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant
Unless Mitigated," as indicated by the checklist on the previous pages.
o Land Use and Planning [S] Transportationffraffic
o Population and Housing [S] Biological Resources
[S] Geophysical 0 Energy and Mineral
Resources
[gJ Public Services
o Utilities and Service Systems
o Aesthetics
o Agricultural Resources
[S] Hydrology/Water
o Air Quality
o Threshold Standards
[S] Hazards and Hazardous
Materials
o Noise 0 Recreation
o Mandatory Findings of Significance
[S] Cultural Resources
1 S 173
16
4/20/2007
;(,'(1. DETERMINATION
On the basis ofthis initial evaluation:
I find that the proposed project could not have a significant effect on the 0
environment, and a Negative Declaration will be prepared.
I find that although the proposed project could have a significant effect on the k8l
environment, there will not be a significant effect in this case because the
mitigation measures described on an attached sheet have been added to the
project. A Mitigated Negative Declaration will be prepared.
I find that the proposed project may have a significant effect on the 0
environment, and an Environmental Impact Report is required.
I find that the proposed project may have a significant effect(s) on the environment, 0
but at least one effect: I) has been adequately analyzed in an earlier document
pursuant to applicable legal standards, and 2) has been addressed by mitigation
measures based on the earlier analysis as described on attached sheets, if the effect is
a "potentially significant impacts" or "potentially significant unless mitigated" An
Environmental Impact Report is required, but it must analyze only the effects that
remain to be addressed.
I find that although the proposed project could have a significant effect on the 0
environment, there will not be a significant effect in this case because all potentially
significant effects (a) have been analyzed adequately in an earlier EIR pursuant to
applicable standards and (b) have been avoided or mitigated pursuant to that earlier
EIR, including revisions or mitigation measures that are imposed upon the proposed
project. An addendum has been prepared to provide a record of this determination.
.,
L( Ill) /D~
Date
len Lube
Environmental Projects Manager
City ofChula Vista
17
4I20{2007
15-174
.
Commellts 011 DRAFT MND IS-07-030 as of Mav 17,2007
(30-day public Review Period: April 20, 2007 through June 21, 2007)
A. Theresa Acerro
PO Box 8697 Chula Vista
Letter provided May 7, 2007 at RCC Hearing
Comments/Responses A-I through A-I0
B. SIERRA CLUB
San Diego Chapter
3820 Ray Street
San Diego, CA 92104
Letter postmarked May 11, 2007
Comments/Responses B-1 through B-Il
C. FRANK OHRMUND
2433 Fenton Street, Suite A
Chula Vista, CA 91914
Comment received via e-mail dated May 9,2007
Comments/Responses C-l through C-4
D. MICHAEL BEHAN
Letter received via e-mail dated May 1, 2007
Comments/Responses D-l through D-5
15-175
,.
, , "-
\5, ~ -':""" ')
~, "-"--', :.\:
--, ,,.,.
.." <"1, ,\, '\ .A
, ~ "'"
'-, l,
~-
/
A
Mr. Glen Laube
Environmental Projects Manager
276 Fom1hAvenue
Chub Vista, Ca 91910
.:>("
='<-
~ C'\
../
. ", -~,. -
RE: Conditional Use Permit for Temporary Championship Off-Road Race 2007, Case
#IS-07-030
Dear Mr. Laube,
Please consider this letter a formal response to the MND for this project.
The Intemtv oftheOVRP ......b. -+~~~sc.~
I have always believed that one of the most important goals of the OVRP is to
keep open a wildlife corridor enabling species to move freely from the hay area along the
Ijparian lands east to the Otay Mountains. The selected active recreation sites were never A;; I
intended to preclude this wildlife function nor to impact upon the passive uses of the park
for wildlife observation, hiking, biking, etc. There has never been any consideration
given to Off Road Vehicle (ORV) use along this park corridor. Motorized vehicle use is
inconsistent with the park mission and vision, the Multiple Species Conservation A -2
Program (MSCP), and the Otay River Watershed Management Plan. In fact much time
and effort are spent keeping ORVs out of the park and off old dirt roads and trails.
The Specific Area Management Plan (SAMP) has not been completed for the 1
Otay Watershed yet but certainly activities like ORV use will not be consistent with the A. "'2.
SAMP. Motorized vehicles (except emergency vehicles or wheelchairs) are not allowed ;.J
on any trails in open space areas in Chula Vista with good reason.
I am concerned that this event could set a precedent allowing other inconsistent -.
activities within and adjacent to the OVRP. The proposed event clearly has more than
adjacency impacts. There is a section of the MSCP lands that is directly impacted on the ,_
north side of the river. One could also consider that driving through the MSCP lands in A ~
Wolf Canyon and the river bottom are also direct impacts even though the dirt roads .
being used are easements and fenced on both sides. The amount of use for s,huttling
during the days of this event will be many, many times the use by Border patrol or SDGE
or other authorized public authority in a year's time. I am concerned that this event will
be used to collect data and set precedence for a permanent use of this type.
The biological restoration projects undertaken in or around endangered species
habitat have in the past taken six months or longer to receive the agency permits and
complete the studies necessary to begin the project. We now have detention basins and A s
drainages in Chula Vista that need cleaning for maintenance purposes and have been . '.
awaiting permits for some time. Submitting an application on March 28 and having pre-
race activities begin on June 7 is outrageous and unheard of.
Also the MSCP supposedly has very strict prohibitions against any kind of a
disturbance during breeding season, generally March 15 through September 15. This has
held up many construction projects. The construction along highway 94 requires a ten- A -
foot or higher thick plywood wall all along the riparian corridor in order to continue .,
during breeding season. This preferential treatment for this applicant is totally
unacceptable and a very bad precedent.
15-176
Biolll1!V
The biological letter indicates there are breeding Gnatcatchers and Vireos in the '
area. Allovving this use with the only precaution being putting plywood on the backs of
the bleachers really sets a very bad precedent for preventing future disturbances during ^-l-:~
breeding season. It is commendable that there will be a survey of camping and parking fT'!1
areas for burrowing owl nests and any found will be protected, but by June there are apt
to be other babies being cared for by animal mothers as well, which also deserve
protection, whether they are a sensitive species or not.
Domestic animals and unauthorized access to preserve areas are mentioned as
potential negative impacts. All domestic ~nim~ls have to be prohibited from this event
unless there will be strict monitoring and enforcement ofleash laws. How strict and how
many monitors will be on hand to prevent people using both the parking and the camping
areas from not waiting for the shuttle but just walking or straying beyond the 3 strand
fencing is not specified in the MND. The number of and the placement of monitors is
critical to evaluating how well intrusions will be prevented. As ,now written protection is 'A-:L
totally inadequate and not mitigated to below the level of significance. USFWS has a " - T
huge amount of evidence indicating how poorly fencing and signs alone prevent
intrusions in sensitive habitat. Since an educational program is difficult if not impossible
for a four- day event, there must be numerous well- trained security guards. It must
explicitly be explained to guards and monitors what behaviors they are on hand to
prevent. There is now no specific mitigation reqniring a set number of guards/monitors or
specifYing where they will be stationed.
NOISE
The noise letter says the event will provide structural elements for sound
attenuation but only mentions the plywood behind the bleachers. Fireworks are
particularly frightening to wildlife since they sound like gunshots and are unique light
displays. They are also a fire hazard adjacent to tinder dry habitat. Fireworks should be
prohibited entirely.
The biological report on page 8 says that the noise analysis measurements "in
portions of the quarry adjacent to sensitive habitat areas in the Preserve indicate noise
level of up to 78 dB Leq." Looking at the chart on page 5 in the noise letter one sees that
this location is in the MSCP preserve above the quarry or,considerably north of the race
venue and the Vireo nesting sites to the south. There was no measurement taken from the
preserve area to the south or the west or the east. Since the level measured near the quarry
scales was 68 one can assume that across the river from the quarry (over 1,000 feet
south), which is separated from the quarry by the entire span of the race venue (a no A~ d
longer used portion of the quarry) the ambient sound is less than 68 dB, but certainly 0
would not be anywhere near the 78 above the quarry or within the quarry itself. One
wonders why the measurements were taken where they were unless for the express
purpose of trying to prove the birds were accustomed to high decibel noise. The reality is
most likely that the birds avoid the area above the quarry where the 78 dB measurement
was taken and hang out south of the river and to the west in Wolf canyon where the noise
from the races will be highest. Least Bell's Vireo is a riparian species. The recorded
nests above the quarry are for Gnatcatchers. There are no recorded locations of vireos
nests above the quarry, which is almost 3,000 feet from the riparian corridor, according to
Figure 5 of biological letter. There is no date given for the historical nests. Since there is
15-177
one for a Gnatcatcher in the quarry itself I wonder if some of them might predate the
quarry or at least be from the beginning days of the quarry.
Pal!:e 12 of the noise letter states that "The proposed proiect would l!:enerate
noise levels l!:reater than 60 dB hourlv Leq noise level within portions of the adiacent
bioloIDcal habitat areas. On page ten it states the P A system would generate noise of
70dE or less in habitat areas. On page 9 it states the 85dB race noise would be reduced by
plywood and elevation difference to 75 dB "on sensitive habitat to the immediate south
of the facility," where one would expect to fmd Vireos. This is clearlv an unmitil!:ated
nel!:ative impact upon sensitive species. June is the time when eggs are likely to have
hatched and a bird being frightened from a nest will result in the death of the young.
Air Oualitv
The report admits that the emissions of CO are above emissions thresholds. It is
questionable whether this would be a "hot spot" or not, but it certainly makes one wonder
about Coors events that draw even more traffic. The PM emissions are a concern because
mitigation requires frequent watering down of the roads and venue, which is a tricky
proposition since one does not want to have mud.
Li2htinl!: J
Lighting is a tricky proposition too since the camping area and the parking area
are in the middle of the MSCP land. It is doubtful if pointing lights down and away from A. t :0
habitat will reduce the impact to a level below significance for wildlife.
Sincet.~~y, .,,/ /"'0--
;//) ',,---~ ---
Theresa Acerro
PO Box 8697
Chula Vista, CA 91912
(619) 425-5771
15-178
A-~
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/'... .,\ SIERRA
............ CLUB
. .-^,'6UH"O"i/fi-tl:;j']''"
B
Chapter ClIair:
Joe Zecfmlan 6/9-109-6268
Administrative Assista/lt:
Martha Coffman 6/9-299-1743
mcojJman@51erraclubsandlego.org
Administrative &: Volunteer CtJordilJator:
Cheryl Reiff 619-299-1741
creif./@fle"aclubslllldrego.org
www.sierraclubsamfiego.org
Sierra Club. San Diego Chapter
3820 Ray Street
San Diego, CA 92104
Mr. Glen Laube
Environmental Projects Manager
276 Fourth Avenue
Chula Vista, Ca 91910
glaube@ci.chula-vista.ca.us
RE: Conditional Use Permit for Temporary Championship Off-Road Race 2007,
Case #IS-07-030
Dear Mr. Laube,
Part of the mission of the Sierra Club is to explore, enjoy and protect the
wild places of the earth and practice and promote the responsible use of the
earth's ecosystems and resources. Please consider this letter the Sierra Club's
formal response to the MND for this project.
The Intel!:ritv of the OVRP and MSCP
The Sierra Club has been led to believe that one of the most important
goals of the OVRP is to keep open a wildlife corridor enabling species to move
freely from the bay area along the riparian lands east to the Otay Mountains. The
Sierra Club and its members wholeheartedly agree with this goal. As the wildlife
of San Diego County are increasing confined to smaller and smaller habitats these
wildlife corridors become more and more critical to their existence. The location
of this active recreation area has been a concern for some time since the corridor
to the north is so narrow. It has been our understanding that the use of these
active recreation areas would be a matter for much community discussion and
analysis, after they were dedicated to the preserve, in order to insure the
protection of the adjoining preserve lands. In complete disregard of this process a
camping area has arbitrarily been placed upon one of these active recreation
parcels for the duration oftms proposed event with less than 45 days for any
comment. This is an unacceptable procedure.
There has never been any consideration given to Of I Road Vehicle (ORV)
use along this park corridor. Motorized vehicle use is inconsistent with the park
mission and vision, the Multiple Species Conservation Program (MSCP), and the
Otay River Watershed Management Plan. The Specific Area Management Plan
(SAMP) has not been completed for the Otay Watershed yet but certainly
activities like ORV use will not be consistent with the SAMP. In fact much time
and effort are now spent keeping ORVs out of the park and off old dirt roads and
trails. To allow the shuttling of 10,000 people a day for four days through the
15-179
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Otay River and Wolf Canyon on existing dirt roads is not an adjacency issue. It is
setting a terrible precedence for inappropriate use of preserve lands and surely
causing significant direct negative impacts, which were not analyzed. Motorized
vehicles (except emergency vehicles or wheelchairs) are not allowed on any trails
or dirt roads in open space areas in Chula Vista with good reason. The amount of
use for shuttling during the days of this event will be many, many times the use
by Border Patrol, SDGE or other authorized public authorities in a year's time. R..
There is absolutelv no analvsis of this inappropriate use in the MND. Fencing U''3
with three-wire fence both sides of the roads may confine the people to the roads,
but does nothing to mitigate the effect upon the roads themselves or the negative
effect ofthe traffic upon the preserve lands. There should be an analysis of Land
Use impacts since clearly there m significant negative impacts in further
compacting the land and legitimizing trespass. This is a huge failing of the MND.
Wolf Canyon and this section of the Otay Valley are 100% preserve lands
according to the MSCP. There is also a section of the MSCP lands that is directly
impacted on the north side of the river-a section, which was an important part of
the corridor until a previous owner degraded it. This section is scheduled to be
returned to habitat in the future. Generally any kind of activity within a preserve BlI
area-even restoration-requires a lengthy process to obtain permission and permits, -,
but this applicant submitted an application on March 28 and expects to hold pre-
race activities on 6/7. This makes us suspect that a thorough enough analysis
could not possibly have been done to reach the conclusion that all negative effects
have been identified, much less mitigated.
Biolol!V
Even though the Chula Vista MSCP identifies a shorter period of time for
breeding season than what is commonly used this weekend in June is within the
dates where activities are prohibited in order to protect breeding animals. The
sensitive species in this case would be the Gnatcatchers and Least Bell's Vireo,
which historically nest in this part of the preserve. It is another extremely bad B-'C.
precedent to allow this event in the middle of preserve land during breeding .::J
season with the only precaution being putting plywood behind the bleachers. It is
noted that a survey will be made in the parking and camping areas for burrowing
owl nests, and any nests found will be protected. This is definitely an appropriate
mitigation.
The Sierra Club was told that domestic animals have been prohibited but if
people show up with them the leash laws will be strictly enforced. It is critical that
more details be included in the Mitigation Monitoring program as to the training
the security guards will receive, the rules that will be enforced, the number of
guards and where they will be stationed. Without this information there is B I
absolutely no way of determining if the mitigation is adequate to prevent the". t1
negative etfect or not. There is a great concern that people will not wait for the
shuttle but take off on foot through the preserve to the event from the camping
and/or parking areas. USFWS has a huge amount of evidence indicating how
poorly fencing and signs alone prevent intrusions into sensitive habitat. There is
15-180
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also the possibility of people and vehicles bringing seeds of invasive non-native ~
plants into the preserve on tires and shoes, which is ignored in the MND. ...j .
Noise
Because this is a temporary event the letter states that it is exempt from the
Chula Vista noise analysis. Because there is an intention to use data collected to
apply for a permanent permit there is an attempt to show that the noise will meet B ""2
city standards at the nearest residential homes. The analysis completely ignores . .. T
section B of the Chula Vista Exterior Noise Ordinance, which surely will apply to
off-road races.
Noise is recognized as an adjacency issue for the wildlife and the
conclusion is that in the habitat areas to the south the noise will reach 75dB after
mitigation. This is completely unacceptable and an unmitigated negative effect of
the activity since the accepted threshold is 60 dB. The lame attempt to change the
threshold to an ambient noise level of 78 dB Leq uses a measurement taken in
habitat above the quarry, considerably more than 3,000 feet away from historical
vireo nests. 68 dB ambient noise was measured at the scales located in the VIP
parking area over a 1,000 feet from the historic nests. No measurements were
taken in the habitat area to the south, so there is NO justification for not using the 11 ... <is'
usually accepted threshold of 60 dB for negative noise impacts in habitat areas. D
Blasting cannot be considered since it is not an event that occurs on an hourly
basis and is of very short duration.
Pal!e 12 of the noise letter states that "The DroDosed Droiect would
l!enerate noise levels l!reater than 60 dB hourlv Leu noise level within
Dortions of the adiacent biolol!ical habitat areas. On page ten it states the P A
system would generate noise of 70dB or less in habitat areas. On page 9 it states
the 85dB race noise would be reduced by plywood and elevation difference to 75
dB "on sensitive habitat to the immediate south of the facility," where one would
expect to find Vireos. This is c1earlv an unmitie:ated nee:ative imDact Ullon
sensitive sDecies.
In Summary
The Sierra Club considers the MND for this project to be inadequate
because:
I. There is no analysis as to the long and short-term negative impacts of thiS]. R..~
land use upon Land Use policies associated with the various Resource \) . J
Management Plans for this area and the MSCP.
2. The potential for Significant Negative effects caused by domestic animals,
human intrusion and the introduction of exotic, invasive species is
acknowledged, but there is no detailed mitigation indicated showing how
these intrusions will be prevented. Saying no one will deliberately plant an
invasive species does not mean that a tire or a shoe will not carry seeds Q
into the preserve area. (fhis is just one problem with allowing people to \J' c"D
pass through the preserve to get to activities not related to the preserve
function.) Saying there will be private security does not show where that
security will be located or how that security will prevent, exactly which
15-181
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negative behaviors. Signs and fencing are not adequate deterrents when 4..
people are surrounded by preserve land and allowed to cross it several .....1,'
ti=a~ -
3. It is predicted that the noise threshold of 60 dB will be surpassed in the 12_ \\
preserve, thus causing an unmitigated negative impact. I.,)
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Sincerely,
(J;jJf!
Sierra Club, San Diego Chapter
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15-182
Page 1 of3
Glen Lal.llbe
c.
From: Frank Ohrmund [frank@otayrealestate.com]
Sent: Wednesday, May 09, 2007 10:09 AM
To: Marisa Lundstedt; Glen Laube
Subject: FW: Resource ConselV. Commission meeting last night.
Marisa/Glen,
My modified comments are below.
10
Frank Ohrmund
Broker/Owner
Otay Real Estate
2433 Fenton Street, Suite A
ChulaVista, CA91914
619-397-5300 voice
619-397 -5370 fax
858-945-4974 cell
From: Frank Ohrmund [mailto:frank@otayrealestate,comj
Sent: Wednesday, May 09,20079:31 AM
To: 'Marisa Lundstedt'
Subject: FW: Resource ConselV. Commission meeting last night.
Marisa,
Your request to identify deficient items in the environmental document supporting a Mitigated Negative Declaration
should include the following. Please pass this on as my objections to the environmental document.
1. Glen explained the true extent of the study and its relevance for a temporary useJ C-I
2. After quick archeological review, the camping site was now reduced to half its size. If this is enough land, still,
then why was the entire area desired in the first piace. Based on typical processes for consultants to complete
their work, this process for them and staff and the public to review each environmental issue is not adequate.
Consultant's work must have been rushed and appears to be incomplete when compared to typical reports for G '"'"
similar projects. Not enough mention of alternatives have been made. The campground should have been ~ 4-
moved to the parking area and should have been studied as an alternative. With such a quick review and study
by the consultants, with current modification still being made, this environmental document supporting the
mitigated negative declaration was completed in haste and more time should be allowed for alternatives to be
developed. .
3. No typical delays are being made for breeding season. The, truly, higher noise than quarry operations is an u~ C.3
mitigated impact whether or not its breeding season. .
4. No plan has been made to iimit the non-native plants from dominating the camping site area after the current~
grasses are trampled down to a bare dirt lot. These non-native plants will re-establish themselves quicker than:c ...
native plants and will then disperse their seeds. A plan to spray or weed these plants needs to be completed fo '. . i
next winter's growing season. .'
The following are comments on the/project as-awFiol?'that questionstaffs authority to support this project based on
planning documents approved by tI1e developer. I think a legal opinion needs to be made on the conversion of any use
within the PreselVe prior to dedication to the PreselVe Owner/Manger or City of Chula Vista.
1. We have no declaration from the POM (PreselVe d-.6rrei/aanager) for Otay Ranch on what their recommendation is
Page 2 of3
for CORR's proposal, and what its affect on the Preserve land, they manage, would be. This is for the unauthorized
use of land at the south end of the Quarry that is south of the Quarry property line (in the MSCP) and the proposed
Camping site. The camping site is talked about in the Otay Ranch General Plan, Resource Management Plan 1 &2 as
being suitable for "active recreation" within the Preserve. This use would only be allowed to be converted from its
current use after its dedication into the Preserve. At that time, the POM would oversee, with the JEPA, what active
recreational uses could be developed by the park or a private enterprise. This can only happen after its dedication to
the Preserve. Until the property is dedicated into the Preserve, language in Otay Ranch's own, self-imposed, planning
document states that only existing farming can continue as a use in the Preserve. We need a leaal opinion to
determine if the Otay Ranch Planning documents preclude this change in use prior to its dedication to the City
Preserve.
2. The Chula Vista's MSCP calls for the "camping site" as a "Planned Active Recreation Area - Subject to RMP
Policies and OVRP Planning". This same area is identified as a "Park Study Area" and that is because Figure 3-3 in the
MSCP has determined that there is Tier I, II and III habitat to be impacted by development. Driving on and clearing this
land hap-hazardly will most likely increase non-native plants in this area without a better plan. This would only matter if
they somehow can support skipping #1 above.
3. The owne~s of the Property have not shown that what they are planning is a net benefit to the community. They
have essentially stopped quarry operations, which has increase material costs in the South Bay by 10-15%. Material
for concrete, road base, and asphalt now needs to be trucked from north Lakeside. By closing the Quarry or operating
it at a small fraction of its capacity is costing the community millions in trucking costs. The use would only be for a
handful of millionaire racers and their sponsors. The public will not be able to use the facility. No local racers came to
support this use at the public meetings. This is a playground for the elite period. No contribution to the park has been
offered. No net benefit has been supported.
>
> 4. This CUP is just a placemat that would allow them to process the "real" project later. Which now have admitted
that they will soon do. Why let them do this with little review, when all the planning documents call for more study and
involvement with the POM and OVRP JEPA. The owner's of the Property, CORR and Otay Ranch Company have
plenty of land available for this facility and/or can hold the races at one of their other tracks this year. Their land in Otay
Ranch has held this race before and I am sure they can do it again. This land is farmland away from the Preserve and
it would be a better option to give them permission to grade this area while we process any application for a permanent
use at the Quarry Property. This way all those responsible can properly review and comment on their project. This
project should be completely outside the Preserve.
5. No changes to a quarry operation can be made without modifying the Major Use Permit and/or compieting the
Reclamation Plan. Since there is no Major Use Permit, and we are changing the use, the City should now require the
quarry to be permitted under a use permit. Or they can close the quarry, complete the Reclamation Plan work and then
process their Conditional Use Permit. At the very least, they need to deal with the Reclamation Plan before changing or
modifying the use. City Staff stated that the Reclamation Plan allows for dirt to be moved and that is their justification
for allowing them to move it into the form of a racing track. This is just bad logic and can't be defended by any sane
person. This project needed a grading permit. The State Office of Mine Reclamation will have something to say about
that reasoning.
Respectfully submitted,
Frank Ohrmund, Secretary
Friends of Otay Valley Regional Park
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15-184
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15-185
D
Date: May 1, 2007
To: OVRP Citizen Advisory Committee via the Established Sub -committee
From: Michael Behan, Committee Member rep. City of Chula Vista
Subject: Review of the Mitigated Negative Declaration for Championship Off-road
Racing
I've read the Mitigated Negative Declaration document and find myself, for the most part,
in favor of the Championship Off-road Racing event taking place. As a retired Recreation
professional (34 years in the field) I believe that this event is consistent with providing
recreational service to support the greater public good. The event, as stated, is proposed
for four days with a planned attendance of 10,000 each day. Simple math tells me that
approximately 40,000 people will visit the site allowing, what must be considered, one of
the larger recreational opportunities to take place in Chula Vista this calendar year. The
fact that the event is commercial and admission is charged has no bearing on the potential
for the average citizen to enjoy attending. One has only to look a few hundred yards
from this proposed CaRR venue to find Knott's Soak City and the Coor's Amphitheater,
both providing needed and sought out recreational opportunities. I don't find allowing
the CaRR's temporary 4-day event to be onerous and of great impact to the trail users in
the area. The walkers and riders will still have 361 days in the year to e~oy the peace and
solitude that can be found adjacent to a working stone quarry.
The document on page 9 of 36, section E. Comoliance with Zoning and Plans states:
"Because the use is temporary and subject to a Conditional Use Permit, a consistency
determination relative to General Plan land use designations is not applicable." This
statement alone seems to render most of the arguments I heard expressed last week at the
Citizen Advisory Committee and Policy Committee moot, especially when one considers
the fact that the proposed venue is on privately held land with high levels of mitigation
proposed.
Protection of the Otay Valley Regional Park's environment from any mistreatment from
outside impacts is of primary concern. At this time, however, there is no empirical data,
no proof, to substantiate any allegations that this specific event will negatively impact
the park's environment or surrounding neighborhoods. Although, minus the data, one
can certainly surmise some of the potentials impact to the area: 1) Air Quality, 2) Sound I
Pollution 3) Hydrology and Water Quality, 4)Drainage/Toxics, etc. I believe that the
document appears to respond to each of these issues with viable answers on surmised
issues.
I strongly suggest that before the event is permitted the applicant provide a plan to
document the impacts of the temporary event on the surrounding environment and
community. The plan should include but not be limited to:
. Sound checks measuring db's in the communities on the south rim during the race
event.
. Air quality checks measuring particulate matter during and immediately after each
race.
. Base level samples of the rivers prior to the first race day and immediately following
15-186
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the final day of racing for any heavy metal or petroleum based impacts on the water
shed.
Once these tests are completed they should be presented to the City of Chula Vista in a
report that fully discusses the baseline methodology and findings prior to and after the
event. Once the impacts are fully vetted, understood, and agreed upon by professionals
in each discipline, a full formal report should be presented to the OVRP Policy
Committee for comment and agreement.
This data should then be included as part of any future application for the use of the
venue for an Off-road Vehicle Racing. The data included in the report will provide
needed information to allow the OVRP Committees to make an educated, fact-based
decision on any future use of the site.
I am concerned with Page 12 of36, section F. Public Comments section. The fact that
the applicant met the minimum notification responsibility". . . Notice was circulated to
property owners and residents within a 500-foot radius of the proposed project site." is
not enough. Given the potential for disruption of quality of life (sound mostly) for the
homes/residents located on the south rim of the valley, the applicant should have taken,
and should be required to take, the extra steps to notify these residents of the potential
disruption.
15-187
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Response to Comments on DRAFT MND IS-07-030 as of May 17,2007
(30-day public Review Period: April 20, 2007 through June 21, 2007)
Theresa Acerro
PO Box 8697 Chula Vista
Letter provided May 7, 2007 at RCC Hearing
A-I. Summary of Comment:
Active Recreation Use area poses concerns relative to wildlife movement through
the Otay River Valley not enough time or consideration has been given to
determine appropriateness of camping in the active recreation area. (See second
full paragraph, Page 1).
Response:
The proposed project is a temporary use (two non-consecutive weekends only),
and as such, temporary use of the active recreation areas for camping would not
permanently impede wildlife movement through the Otay River Valley. It is
acknowledged that establishment of any permanent use within the designated
Active Recreation areas of the river valley will require a more thorough
consideration by the City, OVRP Citizens Advisory Committee, and the Otay
Ranch Preserve Owner/Manager. However, following the events that are
proposed with the current application, the existing conditions of the Active
Recreation areas will be the same as they are currently. Therefore, the project
would not affect or preclude any future use of these areas.
A-2. Summary of Comment:
Off Road Vehicle use is inconsistent with the OVRP, the MSCP and potentially
the Otay River Valley Watershed Management Plan (WMP). (See third full
paragraph, Page 1).
Response:
The project proposes off road racing on a closed course in a controlled venue in
an area that is already disturbed and is not in the Preserve. Similarly, access to the
race venue from the parking and camping areas will be provided via existing, dirt
access roads. As stated in the MND, use of personal ORV and pedestrian access
through Preserve areas is strictly prohibited. The applicant shall provide shuttle
service to and from the parking and camping areas in order to restrict the
movement of people through sensitive areas. As stated in the MND, these
conditions will be monitored and enforced in accordance with the security plan to
be reviewed and approved by the City's Environmental Review Coordinator and
City Chief of Police.
Page 1 of 13
15-188
A-3. Summary of Comment:
The Specific Area Management Plan (SAMP) has not been completed for the
Otay Watershed but will likely deem ORV activities within the OVRP to be an
incompatible use. (See second full paragraph, Page).
Response:
As noted the SAMP is not complete. Until the SAMP had been completed and
formally adopted, any analysis of the adverse physical effects would be
speculative, and is not within the scope of the project's CEQA analysis.
However, the intent and goal of a SAMP is to protect water quality and sensitive
natural (particularly wetland riparian) resources. As stated in the MND, potential
impacts to water quality will be mitigated and there are no anticipated direct
impacts to riparian resources.
A-4. Summary of Comment:
Project-related use of shuttle buses within the Preserve would result in direct
impacts on the Preserve, including further compacting the dirt roads and
legitimizing trespass. (See first partial paragraph, Page 2).
Response:
The use of dirt roads by shuttle buses is identified as part of the proposed project
activities in the Project Description in the MND. The project would not widen or
in any other way improve the existing dirt roads. The use of shuttle vehicles is
temporary, as is the nature of the entire project. Shuttle buses will be used to
restrict uncontrolled pedestrian traffic, which may have the potential to impact
surrounding sensitive areas. Private security will also be provided by the
applicant to patrol the perimeter of the parking, race track area and camping areas
to ensure that pedestrians and vehicles do not access preserve areas. Fencing is
also provided at the race track, camping, parking and access roads to restrict
access to preserve areas.
A-5. Snmmary of Comment:
A thorough analysis of impacts on the Preserve could not have been completed
within the time frame of the analysis that was conducted for this project. (See first
full paragraph, Page 2).
Response:
This comment indicates that, due to the timing and process schedule for the
proposed project, the analysis is incomplete, but the comment does not indicate
any specific deficiencies of the analysis. As required under the City's typical
process, technical reports were required to evaluate project impacts on noise, air
quality, cultural resources and biological resources. These reports were prepared
by the project applicant and were reviewed by the City of Chula Vista and the
City's outside consultants for content, accuracy and completeness. Since no
specific deficiencies were identified in the comment, a more specific response is
not possible.
Page 2 of 13
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A-6. SlIlmmary of Comment:
The dates of the first race are within a time frame where activities are prohibited
in order to protect breeding animals. Approval of the race sets an extremely bad
precedent (See second full paragraph, Page 2).
Response:
The Chula Vista MSCP Subarea Plan does not specifically prohibit noise
generating uses in or adjacent to the Preserve; however, the MSCP does require
that excessively noise activities adjacent to the Preserve incorporate noise
reduction measures or be curtailed during the breeding season of sensitive bird
species. The MSCP does not provide a specific numerical threshold for
operational noise impacts. Refer to comment A-8 below.
A-7. Summary of Comment:
Enforcement of leash laws and restriction of access into the Preserve are of great
concern. Impacts from the transfer of non-native plant seed into the Preserve was
not analyzed in the MND. (See last paragraph, Page 2, as continued on the top of
Page 3).
Response:
The Mitigation Monitoring and Reporting Program will provide adequate
assurances that security staff will be trained, properly positioned, and will
adequately prevent unauthorized access into the Preserve. Access of race patrons
will be limited to existing dirt roads, the camping and parking areas, and the race
venue itself. All of these areas are either devoid of native vegetation, or covered
predominately in non-native plant species (former agriculture areas). Therefore, it
is not anticipated that disturbance of these areas, and/or the slight chance of
transfer of non-native plant seeds would have any measurable effect, either inside
or outside of the Preserve.
A-S. Summary of Comment:
Noise impacts on sensitive habitat adjacent to the project will result in significant
unmitigable impacts. (See first full paragraph, Page 3).
Response:
The issue of project-generated noise and its effects on adjacent Preserve areas is
analyzed and documented in the MND. The noise analysis prepared for the
project (Environmental Noise Assessment for the Temporary Off-Road Race
Track, Dudek & Associates, April 16, 2007) provides an estimate of noise levels
generated by the proposed project. In order to quantify potential impacts to noise
sensitive receptors, including sensitive biological resources, the noise analysis
applied noise levels obtained during the 2006 racing events. Utilizing that data
and applying it to the proposed project, the unattenuated noise levels at the closest
sensitive habitat location within the Preserve, immediately adjacent to the south of
the proposed track, are estimated to be 85 dB hourly Leq.
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As stated in the MND, taking the existing terrain topography into consideration,
and providing the maximum sound attenuation available through structural design
features (enclosure of the rear of the stands located between the track and the
Preserve), the noise analysis concludes that areas having potential to support least
Bell's vireo and coastal California gnatcatcher are expected to be exposed noise
levels of approximately 75 dB hourly Leq noise level during the racing events.
The City's MSCP Subarea Plan does not provide a numerical threshold for
operational impacts. For comparative purposes, ambient noise measurements were
recorded within the project area. Ambient noise within the project area is
primarily associated with the existing rock quarry operation, including rock and
gravel extraction, earth moving equipment, and rock crushing activities. Ambient
noise measurements in portions of the quarry adjacent to sensitive habitat areas
within the Preserve indicate noise levels ranging between 68 to 78 dB Leq.
Due to the short-term nature of the proposed project (two consecutive days during
the nesting season), and similar operational noise levels between existing ambient
noise conditions and the anticipated, attenuated noise levels it is not anticipated
that the project will result in significant indirect impacts on these noise sensitive
speCies.
A-9. Summary of Comment:
Carbon Monoxide levels are above threshold levels, and it is questionable whether
this would be a "hot spot". Particulate emissions are also a concern because
watering of the track will create undesirable mud. (See second full paragraph,
Page 3).
Response:
The air quality analysis indicated that, in the initial screening, CO impacts were
identified to exceed the screening threshold. Therefore, the next level of analysis
to determine significance was applied (the CO "hot spot" analysis). That analysis
indicated that no significant impacts relative to CO would result. Mitigation
measures that involves watering to reduce dust are applied in a controlled manner,
such that only small amount of water are needed and are applied, to ensure that
dust control is maximized, while not saturating the soil.
Page 4 of 13
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A-Ill. Summary of Comment:
The comment questions the effectiveness of lighting controls within the portions
of the project located in the middle of the MSCP Preserve. (See last full
paragraph, Page 3).
Response:
The issue of lighting its effects on adjacent Preserve areas is analyzed and
docwnented in the MND. Temporary safety lighting associated with the project
would be limited to the pit area, spectator area and camping area. The lighting for
these areas would be directed downward, and away from the Preserve. Light
spillage into the Preserve would be considered significant.
As documented in the MND and MMRP, to ensure potential impacts associated
with project lighting are mitigated to a level ofless than significant, the Applicant
is required to submit, prior to the commencement of race activities, a lighting plan
to the satisfaction of the City's Environmental Review Coordinator. The lighting
plan shall clearly demonstrate that an temporary security lighting shall be directed
away and/or shielded from the Preserve to prevent any potential indirect impacts
due to night lighting. Additionally, low-pressure sodium lighting shall be used to
reduce these potential effects.
SIERRA CLUB
San Diego Chapter
3820 Ray Street
San Diego, CA 92104
Letter postmarked May 11, 2007
B-1. Summary of Comment:
Active Recreation Use area poses concerns relative to wildlife movement through
the Otay River Valley - not enough time or consideration has .been given to
determine appropriateness of camping in the active recreation area. (See second
full paragraph, Page I).
Response:
Refer to Response to Comment A-I above.
B-2. Summary of Comment:
Off Road Vehicle use is inconsistent with the OVRP, the MSCP and the
potentially the SAMP. (See third full paragraph, Page I).
Response:
Refer to Response to Comment A-2 above.
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Page 5 ofl3
B-3. Summary of Comment:
Project-related use of shuttle buses within the Preserve would result in direct
impacts on the Preserve, including further compacting the dirt roads and
legitimizing trespass. (See first partial paragraph, Page 2).
Response:
The use of dirt roads by shuttle buses is identified as part of the proposed project
activities in the Project Description in the MND. The project would not widen or
in any other way improve the existing dirt roads. The use of shuttle vehicles is
temporary, as is the nature of the entire project. Refer to Response to Comment
A-4 above.
B-4. Summary of Comment:
A thorough analysis of impacts on the Preserve could not have been completed
within the time frame of the analysis that was conducted for this project. (See first
full paragraph, Page 2).
Response:
This comment indicates that, due to the timing and process schedule for the
proposed project, the analysis is incomplete, but the comment does not indicate
any specific deficiencies of the analysis. Contrary to the implications of the
comment, thorough technical reports were required to evaluate proj ect impacts on
noise, air quality, cultural resources and biological resources. These reports were
prepared by the project applicant and were reviewed by the City of Chula Vista
and the City's outside consultants for content, accuracy and completeness. Since
no specific deficiencies were identified in the comment, a more specific response
is not possible. Refer to Response to Comment A-5 above.
B-S. Summary of Comment:
The dates of the first race are within a time frame where activities are prohibited
in order to protect breeding animals. Approval of the race sets an.extremely bad
precedent. (See second full paragraph, Page 2).
Response:
The Chula Vista MSCP Subarea Plan does not specifically prohibit noise
generating uses in or adjacent to the Preserve; however, the MSCP does require
that excessively noise activities adjacent to the Preserve incorporate noise
reduction measures or be curtailed during the breeding season of sensitive bird
species. The MSCP does not provide a specific numerical threshold for
operational noise impacts. Refer to Response to Comment A-8 above.
B-6. Summary of Comment:
Enforcement of leash laws and restriction of access into the Preserve are of great
concern. Impacts from the transfer of non-native plant seed into the Preserve was
not analyzed in the MND. (See last paragraph, Page 2, as continued at the top of
Page 3).
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Page 6 of 13
Response:
The Mitigation Monitoring and Reporting Program and project conditions of
approval provide adequate assurances that security staff will be trained, properly
positioned, and adequately prevent unauthorized access into the Preserve. Access
of race patrons will be limited to existing dirt roads, the camping and parking
areas, and the race venue itself. All of these areas are either devoid of native
vegetation, or covered predominately in non-native plant species (former
agriculture areas). Therefore, it is not anticipated that disturbance of these areas,
and/or the slight chance of transfer of non-native plant seeds would have any
measurable effect, either inside or outside of the Preserve.
B-7. Summary of Comment:
"The analysis completely ignores section B of the Chula Vista Exterior Noise
Ordinance, which will surely apply to off-road races." (See first full paragraph,
Page 3).
Response:
It is unclear what is meant by this comment. The referenced section of the
Municipal Code (19.68.030 (B)), provides for corrections to the exterior noise
limits, as follows:
B. Corrections to Exterior Noise Level Limits.
1. If the noise is continuous, the Leq for any hour will be represented by any
lesser time period within that hour. Noise measurements of a few minutes
only will thus suffice to define the noise level.
2. If the noise is intermittent, the Leq for any hour may be represented by a
time period typical of the operating cycle. Measurement should be made of
a representative number of noisy/quiet periods. A measurement period of
not less than 15 minutes is, however, strongly recommended when dealing
with intermittent noise.
3. In the event the alleged offensive noise, as judged by the enforcement
officer, contains a steady, audible sound such as a whine, screech or hum,
or contains a repetitive impulsive noise such as hammering or riveting, the
standard limits set forth in Table III shall be reduced by five dB.
4. If the measured ambient level exceeds that permissible in Table lll, the
allowable noise exposure standard shall be the ambient noise level. The
ambient level shall be measured when the alleged noise violations source
is not operating.
If the implication that a higher (stricter) standard should be applied to this use
because it is continuous (reference Section B. I.), that would not be appropriate,
because the use is not continuous. If the implication is that the noise is
intermittent (reference Section B. 2.), is it unlikely that use of a shorter
measurement period would yield a result that is more accurate. However, such a
measurement may result in noise estimates that are lower than predicted in the
Page 7 of 13
15-194
MND. Ifthe implication is that the noise may be determined by the enforcement
officer to have characteristics described in Section B. 3., that determination would
need to be made at such a time that the enforcement officer detects and evaluates
the sound, which cannot be determined prior to project commencement. Finally,
if the implication is that the measure ambient noise level exceeds the exterior
standards (reference Section B. 4.), data presented in the project Noise report and
the MND confirm that is not the case.
In reference to the project and compliance with Section .68.030 (B) of the Chula
Vista Municipal Code, the responses are as follows:
Section B. 1: The proposed project will not be a continuous operation.
Therefore, use of a higher (stricter) standard is not applicable.
Section B. 2: It is it unlikely that use of a shorter measurement period would
yield a result that is more accurate. However, such a measurement
may result in noise estimates that are lower than predicted in the
MND
Section B. 3: This determination would need to be made at such a time that the
enforcement officer detects and evaluates the sound, which cannot
be determined prior to project commencement.
Section B.4: Data presented in the project Noise report and the MND confirm
that ambient noise levels do not exceed the exterior noise
standards. Existing ambient noise conditions at the nearest
residences, including the industrial park, were not collected.
However, the MND evaluated a worse-case noise level of 93 dBA
Leq at 100 feet from the race track. Applying the distance,
atmospheric, and stand shielding resulting noise levels at the
nearest residential receptors was calculated to be between 46 to 48
dBA, which is below the City's Noise Ordinance threshold of
55 dB 7 a.m. and 10 p.m. on weekdays, and between 8 a.m. and
10 p.m. on weekends. Similarly, the calculated noise levels at the
nearest industrial land use was calculated to be between 63 to 65
dBA, which is below the City's 70 dBA threshold for industrial
uses.
It should be noted that the above information has been provide for comparative
purposes. As stated in the MND, Chapter 19.68 Section 19.68.060 of the City of
Chu1a Vista Municipal Code exempts occasional outdoor gatherings, public
dances, shows and sporting and entertaimnent events, provided the events are
conducted pursuant to a permit or license issued by the city relative to the staging
of the events. Noise associated with race activities would be intermittent during
the day, are classified as an occasional outdoor gathering and are therefore less
than significant due to its temporary nature.
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Page 8 of 13
B-S. Sllmmary of Commellt:
The noise standard that should be used for evaluating potential indirect impacts on
habitat areas to the south should be 60 dB. (See second and third full paragraphs,
Page 3).
Response:
The issue of project-generated noise and its effects on adjacent Preserve areas is
fully analyzed and documented in the MND. Refer to Response to Comment A-8
above.
B-9. Summary of Comment:
There is no analysis of the long and short-term negative impacts of this land use
upon land use polices of the various resource management plans, including the
MSCP. (See #1 in Summary on Page 3).
Response:
The Environmental Checklist for the project indicates that the project would not
conflict with relevant land use/planning policies. The primary reason for this
conclusion is the fact that the project is temporary, and would not preclude future
uses contemplated in planning or resource management documents. The MND
included a full analysis of the MSCP provisions related to Adjacent Management
Guidelines. The biological resources section of the MND summarizes the
project's consistency with the City's MSCP Subarea Plan Adjacency Guidelines.
Issues related to drainage, noise, invasives, toxins, lighting, and erosion control
have been adequately addressed in the MND and implementation of the MMRP
and adherence to the project's conditions of approval will ensure that adjacency
impacts are reduced to a level ofless than significance.
B-lO. Summary of Comment:
Concern is reiterated over unauthorized access to the Preserve. (See #2 III
Summary on Page 3).
Response:
Refer to Response to Comments A-2, A-3, and A-4 above.
B-ll. Summary of Comment:
Noise impacts will be unmitigated and negative. (See #3 in Summary on Page 3).
Response:
Refer to Response to Comment A-8 above.
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Page 9 of 13
FRANK OHRMlJND
2433 Fenton Street, Suite A
Chula Vista, CA 91914
Comment received via e-mail dated May 9,2007
C-l. Summary of Comment:
Stated that the project manager explained the true extent of the study and its
relevance for a temporary use
Response:
Comment noted.
C-2. Summary of Comment:
"After quick archeological review, the camping site was now reduced to half its
size. If this is enough land, still, then why was the entire area desired in the first
place. Based on typical processes for consultants to complete their work, this
process for them and staff and the public to review each environmental issue is
not adequate. Consultant's work must have been rushed and appears to be
incomplete when compared to typical reports for similar projects. Not enough
mention of alternatives have been made. The campground should have been
moved to the parking area and should have been studied as an alternative. With
such a quick review and study by the consultants, with current modification still
being made, this environmental document supporting the mitigated negative
declaration was completed in haste and more time should be allowed for
alternatives to be developed."
Response:
The size of the area proposed for camping was reduced to avoid impacts. It is
assumed that the camping use will be more compact, to fit the same use on a
smaller area.
This comment indicates that, due to the timing and process schedule for the
proposed project, the analysis is incomplete, but the comment does not indicate
any specific deficiencies of the analysis. Contrary to the implications of the
comment, thorough technical reports were required to evaluate project impacts on
noise, air quality, cultural resources and biological resources. These reports were
prepared by the project applicant and were reviewed by the City of Chula Vista
and the City's outside consultants for content, accuracy and completeness. Since
no specific deficiencies were identified in the comment, a more specific response
is not possible. Refer to Response to Comment A-5 above.
This comment also states that project alternatives should have been analyzed in
the MND. CEQA Guidelines Section 15126.6 requires that project alternatives be
identified and analyzed in environmental impact reports (EIRs). There is no
requirement for an analysis of project alternatives in an MND. Since there is no
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15-197
substantial evidence of an environmental impact associated with the project after
mitigation, an EIR is not required. It would, therefore, be inappropriate to
analyze project alternatives.
C-3. Summary of Comment:
"No typical delays are being made for breeding season. The, truly, higher noise
than quarry operations is an un-mitigated impact whether or not its breeding
season."
Response:
The issue of project-generated noise and its effects on adjacent Preserve areas is
fully analyzed and documented in the MND. Refer to Response to Comment A-8
above.
C-4. Summary of Comment:
"No plan has been made to limit the non-native plants from dominating the
camping site area after the current grasses are trampled down to a bare dirt lot.
These non-native plants will re-establish themselves quicker than native plants
and wi!! then disperse their seeds. A plan to spray or weed these plants needs to
be completed for next winter's growing season."
Response:
The entire area proposed for camping is dominated by non-native species in its
existing condition. Therefore, it is not anticipated that the slight chance of transfer
of non-native plant seeds resulting from access by race patrons would have any
measurable effect, either inside or outside ofthe Preserve.
Additional Comments 1-5 provided by Mr. Ohrrnund relate to the project as a whole and
question staffs authority to support this project based on planning documents approved
by the developer. Supplemental questions 1-5 are noted but do not address the adequacy
of the mitigated negative declaration.
MICHAEL BEHAN
Letter received via e-mail dated May 1, 2007
D-l. Summary of Comment:
The first paragraph on the first page of the comment letter expresses support for
the project.
Response:
Since the comment raises no issues relative to the adequacy of the MND, no
further response is required.
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D-2. Summary of Comment:
The second paragraph on the first page of the comment letter indicates that the
conclusions of the MND relative to consistency with planning documents
addresses most of the concerns raised by the OVRP Citizen's Advisory
Committee and Policy Committee.
Response:
Comment noted. This comment does not challenge the adequacy of the mitigated
negative declaration. (The commenter referenced page 9 of 36 of the draft MND -
due to formatting/textual changes the referenced section can be found on page 12
of 36. No additional impacts occurred as a result of the formatting/textual
changes. )
D-3. Summary of Comment:
The third paragraph on the first page summarizes the commentor's agreement
with portions of the analysis provided in the MND.
Response:
Since the comment raises no issues relative to deficiencies of the MND, no further
response is required.
D-4. Summary of Comment:
In the last paragraph of the first page of the letter, the commentor suggests the
following:
. Sound checks measuring db's in the communities on the south rim during
the race event.
. Air quality checks measuring particulate matter during and immediately
after each race.
. Base level samples of the rivers prior to the first race day and immediately
following the fmal day of racing for any heavy metal or petroleum based
impacts on the water shed.
Information from these monitoring efforts should be reported to the City and the
OVRP, and should be used in any future analyses.
Response:
Sound monitoring will be conducted and the data will be used in the manner
suggested in this comment - to provide data that can be used in future studies.
PMIO air quality impacts are measured and considered on a regional basis. There
are no specific thresholds for localized impacts, therefore measurements of
particulates taken at distance intervals would not provide any meaningful data
from which conclusions could be drawn. Typically, PMIO is modeled for total
impact. There is no reasonable method available by which PM10 concentrations
taken from samples could be extrapolated to a total project level equivalent. What
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can and will be monitored are the BMPs that include dust control measures to
ensure that the assumptions relative to reduction of fugitive dust are realized.
The project will not be permitted to discharge any runoff into the Otay River,
therefore, monitoring of water quality in the River will not be necessary.
D-S. Summary of Comment:
Given the potential for disruption of quality of life (sound mostly) for the
homes/residents located on the south rim of the valley, the project notification
requirements should have been expanded.
Response:
On April 20, 2007 a Notice of Availability of the Proposed Mitigated Negative
Declaration for the project was posted in the County Clerk's Office and circulated
to property owners and residents within a SOO-foot radius of the project site as
well as adjacent businesses, property owners, and tenants along Nirvana Avenue
and Energy Way, who are located beyond the SOO-foot radius. (The commenter
referenced page 12 of 36 of the draft MND - due to formatting/textual changes
the referenced section can be found on page 15 of 36. No additional impacts
occurred as a result of the formatting/textual changes.)
Page 13 of 13
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DRAFT
MINUTES OF A REGULAR MEETING OF THE
RESOURCE CONSERVATION COMMISSION
May 7, 2007
Ken Lee Building Conference Room
430 'F' Street
MEETING CALLED TO ORDER by Chair Reid at 4:31 p.m.
ROLL CALUMOTION TO EXCUSE
MEMBERS PRESENT:
Chair Doug Reid, Vice-Chair Stanley Jasek, Commissioners
Georgie Stillman, Lynda Gilgun, Eric Mosolgo, Richie Macias, Jr.
and Brett Davis
STAFF PRESENT:
Marisa Lundstedt, Environmental Projects Manager
Maria Muett, Associate Planner
Silvester Evetovich, Principal Civil Engineer
Glen Laube, Environmental Projects Manager
Caroline Young, Assistant Planner
Harold Phelps, Associate Planner
Ed Batchelder, Advance Planning Manager
Linda Bond, Recording Secretary
OTHERS PRESENT:
Theresa Acerro, 3730 Festival Court, Chula Vista
John Willett, 97 Montebello Street, Chula Vista
Frank Ohrrnund, 12144 Proctor Valley Road, Chula Vista
Ranie Hunter, The Otay Ranch Company
Joe Monaco, Dudek & Associates
Tony Ambrose, Burkett & Wong
Total of 11 guests in the audience
APPROVAL OF MINUTES: Apri116,2007
Chair Reid questioned the vote for Item #3. Ms. Linda Bond (Ree Secretary) provided
clarification to Chair Reid's question.
MSUC (JaseklGilgun) to approve the minutes of April 16. 2007. Vote: (7-0)
ORAL COMMUNICATIONS: None.
DRAFT
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RCC Minutes
- 2 -
Mav 7. 2007
INFORMATION ITEM
1. Drainage Training
Mr. Silvester Evetovich (Principal Civil Engineer) handed out an outline of his presentation.
He discussed Engineering's requirements for drainage studies and how the studies are
analyzed. Mr. Evetovich addressed the following topics:
. Basic purpose for drainage studies
. Levels of review by Engineering staff
. Conformance standards required for drainage studies
. Key elements to look for in drainage studies
Commission Comments
Chair Reid asked the following questions:
. In most cases, detention systems would be required for excessive flows. Under what
conditions wouldn't one be required?
. Aren't a lot of the detention facilities in open space maintenance districts, and they
are actually maintained by the districts themselves?
Commissioner Mosolgo asked for clarification about a circumstance when a development
that is upstream of a deficient system increases flows to these systems. Commissioner
Mosolgo also had the following question and requests:
. Has the City put any thought into potentially making all of these developers within the
drainage basin pay through a fee for future upgrades to facilities?
. He asked Mr. Evetovich to touch briefly on the City's floodplain ordinance, some of
the larger floodplains that the City deals with, and also the upcoming hydro-
modification changes.
Commissioner Stillman asked if the concrete culverts were buried deep? Is that a big
expense? Is there planning for it with the age of the west side?
Commissioner Macias inquired as to what grade of concrete the City uses now compared to
what the City used in the 70's?
Mr. Evetovich satisfactorily provided information and clarification to the Commissioners
questions.
NEW BUSINESS
2. 15-06-020 - Napa Place, 445 First Avenue
Ms. Maria Muett (Associate Planner) presented the proposed project. which consists of
subdividing a 1.7-acre site into nine single-family parcels.
DRAFT
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DRAFT
Ree Minutes
- 3-
Mav 7, 2007
Commission Comments
Commissioner Gilgun noted the following and had a question:
o On page 26 under Environmental Factors that are potentially affected, noise was
highlighted, but there was nothing about noise in the report.
o When the report talked about compliance with zoning, it says the General Plan has it
zoned as RLM, which is supposed to be 3-6 dwelling units per acre, which is being
consistent with the General Plan. But there are nine units in just over an acre. On
page 4 it says 1.17-acre site.
o Are there plans to save some of the trees on the site?
Chair Reid noted that, given that the trees cannot be saved, is there a need to modify the
mitigation measures for fencing around the trees to be retained?
Commissioner Macias asked how many dwelling units are currently in this area?
Commissioner Mosolgo asked to be shown areas of underground detention. Commissioner
Mosolgo then asked the following questions:
o How are you going about proving medium to high treatment of water quality for this
project?
o Do you consider this to be medium to high removals?
o Where is the brow ditch located?
Chair Reid referred to page 5, Air Quality, 1., that makes reference to the City's
Environmental Review Coordinator. Should that now be Environmental Projects Manager?
Staff and consultants satisfactorily provided information and clarification to the
Commissioners questions and concerns.
Staff will make noted corrections to the Mitigated Negative Declaration.
MSUC (Jasek/Davis) that the RCC find that the Initial Study is adequate and
recommend that the Mitigated Negative Declaration be adopted. Vote: (7-0)
3. 15-07-030 -- Conditional Use Permit for Temporary Championship Off-Road Race
2007; east of the existing terminus of Main Street, east of Heritage Road
Commissioner Mosolgo recused himself during this item.
Mr. Glen Laube (Environmental Projects Manager) presented the proposed project
Conditional Use Permit and Mitigated Negative Declaration. The proposed project is
scheduled for the Planning Commission on May 23, 2007 and the City Council on June 5,
2007.
DRAFT
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DRAFT
RCC Minutes
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Mav 7, 2007
Public Comments
Ms. Theresa Acerro (3730 Festival Court, Chula Vista, CA 91911): You say signs are 150
feet, but in the MND it says 200 feet. You also say no light in parking, but in the MND says
there is minimal light in the parking area. You say the only thing that will be lit are the
parking area and camping area. And it also says that pets will be allowed. Now I have
always believed that one of the most important goals of the OVRP and now the MSCP, for
that matter, are open wildlife corridors and they allow species to move freely from one area
to another. These selected active recreation areas are not intended to preclude this wildlife
function or impact passive uses of a park. But in this case, if you look at how it's right next to
it, it appears that this will have an impact. It's very questionable, because we are right up
against the river here. This is the corridor. And also the Multiple Species Conservation
Program, the Otay River Watershed Management Plan say that motorized vehicles are
simply not allowed. Motorized vehicle use is inconsistent with the park's vision, Multiple
Species Program, and also the Chula Vista's policy for open space doesn't allow motorized
vehicles on the trails even if they are dirt roads. And this unfortunately sets a precedent for
allowing that kind of thing other than emergency vehicles or motorized wheelchairs. And
that's unfortunate to have this kind of a precedent. I think the proposed event has more than
adequacy impacts because you are actually allowing this motorized use within the preserve
area, which is not allowed, theoretically, by regulations. There is also the problem of
biological restoration projects even if they are undertaking around endangered species. It
takes around 6 months to get a permit. And here, they put in an application on March 28th,
and they are going to have a race on June 7th. This seems like kind of an outrageous and
unheard of departure from normal procedures. The MSCP supposedly has very strict
provisions against any kind of disturbances during breeding season, which is usually March
15 to September 15. And this has held up lots of construction projects. This again seems to
be very preferential treatment for an applicant and I think a bad precedent. As far as biology
goes, the letter indicates that there are breeding gnatcatchers and vireos in the area. And
allowing this use with only the precaution of putting plyboard on the back of the bleachers is
another bad precedent for preventing future disservices during breeding season. It is
commendable that there will be a survey of camping and parking areas. for borrowing owl
nests. That will be protected. But by June, there will be other animals that will have babies
here, and they need some kind of consideration, also. The question about how strict the
monitors will be to prevent people from walking from the parking areas or the camping areas
or outside of the three-strand wires for that matter... you said that they are going to train
security guards, and they are going to specify and specifically look for and enforce that.
Hopefully, that will help. I think it should specifically say in the Mitigation plan the number of
guards and where they will be stationed and to specifically control this kind of behavior
because Fish & Wildlife can assure you that signs don't help, fences don't help. Now, as far
as the noises goes. Again, it's not really a study; it's a letter. It says the event will provide
stnuctural elements for sound attenuation, but it only mentions the plywood behind the
bleachers. Fireworks are particularly frightening to wildlife. They sound like gunshots. The
light is something that's unique. And there is also a fire hazard. I think fireworks need to be
prohibited entirely. Now, let's look at the biological report. The biological report, on page 8,
says that the noise analysis measurement in portions of the quarry adjacent to sensitive
habitat in the preserve indicate noise level up to 78 decibels. But if you look at the chart on
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page 5 in the noise letter, you see that this location is in the MSCP area that is above the
preserve. That is almost 3,000 feet away from where the vireos will be nesting. It's not
appropriate to use that figure as ambient noise and say that we are meeting the noise level
because there is no way that the ambient noise down here is 78. There was no
measurement taken from the preserve area to the south or, for that matter, to the west,
which is where there are historical vireo nests. Since the level measured near the quarry
scales was 68, you can assume that across the river, almost 1,000 feet away, that it is going
to be a whole lot less than 68. And so it's not going to be anywhere near where they are
saying it's 78 above the quarry or even for what they gave for inside the quarry. It is most
likely that the birds will avoid the area that is above the quarry where it is so noisy, and they
will actually be to the south or to the west away from where it is less noisy. Page 12 in the
noise letter says that the proposed project would generate noise levels greater than 60-
decibel hours within portions of the adjacent biological habitat area. Page 10 says the PA
system noise would be 70 decibels or less in the habitat areas. Page 9 states 85-decibel
race noise would be reduced by plywood and elevation differences to 75 decibels. 75
decibels is clearly an unmitigated negative impact on sensitive species if we are taking 65
decibels to be the criteria, which is normally done in these kinds of reports for sensitive
habitat. Now June is the time when the eggs have likely hatched. The birds being frightened
away from the nests are going to result in death of the young. It would destroy their whole
breeding season, and so I think that makes it a very significant affect.
Mr. John Willett (97 Montebello Street, Chula Vista, CA 91910) had a handout to pass
around. I would like to make one comment about the noise level and the birds. I have been
out at the quarry when they have dynamited the area out there and used almost 900 pounds
of dynamite and watched a bird in a nest in the camping area that just kind of looked
around. So they do get used to it. I chair the Otay Valley Regional Park Citizens Advisory
Committee. At the last meeting, after much discussion, we came up with the following
comments: 1) The applicant should rigorously adhere to all conditions set forth in the final
version of the MND. 2) The applicant should provide at its' sole expense impartial monitors
that will measure and document the baseline conditions and the actual sound, air and water
impacts to the Olay River Valley by all aspects of the races. Further, .sound monitoring
should also take place at the edge of the property line of private residences south and
southwest of the race area. 3) The CAC's "CORR" subcommittee approval is not to be
considered as an endorsement of any future proposal by CORR, whether temporary or
permanent. One of the things the previous speaker talked about was the water. I co-chaired
the development of the Watershed Management Plan for 2 years. I also coordinate the
clean up of the Otay River Valley. Five months ago, Public Works did some water sampling.
I was afraid that the water was contaminated. We basically have nine ponds that have water
throughout the year, and we took the first sample all the way down at the west end. Not one
of the four was above the danger limits. We propose and recommend and approve the work
that has been done for the races.
Mr. Frank Ohrmund (12144 Proctor Valley Road, Chula Vista, CAY stated that he is Vice-
Chair of the Otay Valley Regional Park Committee, but my comments are my comments. I
don't represent the group. My comments come about because I read the Otay Ranch
General Development Plan, and they have certain things in place that would allow us to
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develop this park, which is what I'm interested in is putting this park together. I've gone
through and talking with Rick Rosaler. I'm curious on how they can turn this quarry into an
off-road park and he said, well, the Reclamation Plan allows you to push dirt around, and so
they are going to push the dirt around and create an off-road track. But when you have a
quarry like this, and you reclaim it, it's going to look like a racetrack. And if you are going to
use the Reclamation Plan as an excuse for doing the grading for a track, it's not a
reclamation plan. A grading permit is probably required to do just the track. And nothing has
been evaluated as to how the grading, if there is real grading, they are just using the
Reclamation Plan as an excuse to be doing the grading. Also in the Otay Ranch Plan, as
explained by CORR representatives that they consider the active rec areas to be areas that
they can develop, that it necessarily doesn't need to be transferred into the preserve
system. But their own documents in the Resource Management Plan talk about a preserve
system of over 11,000 acres. And it says here, of this amount, up to 400 acres may be used
for active rec. So it describes this active rec as being part of this preserve. The Otay Ranch
properties would convey land and fee to the Preserve Owner/Manager, and the Resource
Preserve Owner/Manager would hold title to land and permit through a lease or some other
instrument of the Regional Park to operate in the Resource Preserve. They want to take
land that is active rec and convert it before it has been transferred into the preserve. To me,
that is a horrible precedence that will allow a private property owner property rights within
the preserve when it should be transferred to the public, to be designed by the public as
they see fit through a public process. The Citizens Advisory Committee is part of that
process. The POM, which I don't think there is a Preserve Owner/Manager really in place
other than the County and the City working together on implementing it, they haven't
commented on what they would want in the active rec areas because they are supposed to
work with the Citizens Advisory Committee to figure out what the community wants. I just
think it's a bad precedence here to allow the conversion to the use when the project
proponents' own documents state that no conversion of use within the preserve is allowed.
Only existing agricultural operations can continue. Well, by allowing camping on the
preserve, that's a conversion contrary to their own documents. And the little skinny strip of
preserve land that is right in here should also be avoided. If you want to do the track, just
stay outside the preserve. I really think there should be a legal opinion. I think the City
Attorney should make an opinion on whether or not preserve lands should be donated into
the preserve before their uses are converted.
Commission Comments
Commissioner Gilgun was disappointed because the RCC dealt with this issue last year and
were reassured that this wouldn't come up again. She was very concerned about the
precedent that this is setting. She was very concerned about it running through the preserve
areas, which are not designed for uses like this. She had every reason to believe that the
RCC will be looking at another Conditional Use Permit or a permanent permit at some point
in the future, and that really concerns her.
Commissioner Macias asked the following questions:
. Why was the track chosen to be so close to the preserve area? Why not over more
to where the actual quarry is?
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. What are the owners' plans after the races?
. What are they actually going to do with the land?
. Is there any plan in the near future for that land?
. How is the City going to benefit?
. In 2006, how much revenue did the City receive from the previous race?
Vice-Chair Jasek stated that it's very commendable everything that is being done to
minimize the impacts, but the impact is still there. We are playing with a resource that for the
longest time didn't get any recognition whatsoever. Now that it is, we are not fulfilling the
promises that we have made for that area. He listened to the comments on the noise study,
and didn't think the numbers actively reflect the noise levels that a person would suffer
walking down Auto Park Way or sitting in the parking lot at Coors Amphitheatre. He thought
that the manipulation of information makes things a little bit suspect. He also thought the
speed at which this has been pushed through makes things a little bit suspect. He felt that a
private property owner should be able to do, within reason, anything he wants to do to his
property provided that it doesn't have a negative impact on the surrounding community. This
has a negative impact on the surrounding community.
Commissioner Davis was concerned with the camping area being so close to the preserve.
He really don't see a value of doing it.
Commissioner Stillman stated that, with the multiple species area, there is an issue of
unauthorized use of that terrain. She is not against the CORR racing project at all. It is no
secret that the Baldwins are committed to this type of event, and would like to make it
permanent. They would have liked to of brought it forward as a permanent plan for that site.
Over the last couple years she has become concerned that these studies of impacts: noise,
air quality, etc. There are so many ways of doing it that the science is not exact. So, she
was not concerned that an impact may have been mitigated to a threshold below a certain
level because not only didn't she trust the threshold, she didn't think it's the point here. This
preserve is like a green necklace around an urban center. It represents our link and the
animals' link with a very important aspect of our past, present, and it should be part of our
future. This is not the right spot for this. If it was truly going to be temporary, one might
consider the issue of the parking, but we know that a permanent request is coming. We
need to go forward with this effort to preserve the wildlife and the fauna. We can come to a
decision as a community about how that preserve can be used by us. Being as natural as
possible is where she felt she had to be committed. The CORR racing is simply going in the
wrong direction when we have come so far back. If we are going to have a multiple species
preserve, we have an obligation to keep going forward.
Chair Reid noted the following:
. In the Negative Declaration on page 7, Discretionary Actions, second bullet.
"Amendment to Chula Vista Municipal Code, Chapter 5.44.101, for allowance of
vehicles with internal combustion engines." This amendment will be required in order
to implement the proposed project.
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. On page 17, 5th paragraph, "There is an existing earthen berni along the southern
edge..." Could you explain that in a little more detail?
. Page 20, cultural and paleontological resources are identified. There has only been a
cultural resource study done. Nothing has been done on paleontological. To identify
paleontological on page 20 and again on page 4 of the checklist is not correct. The
impact to paleontological to less than significant is not true because there are no
impacts.
Staff, consultants and the applicant responded to the Commissioners questions and
concerns.
Staff will make noted corrections to the Mitigated Negative Declaration.
MSC (Stillman/Gilgun) that the Mitigated Negative Declaration be found insufficient.
Vote: (4-2-0-0) with Reid and Jasek opposed and Mosolgo recused.
Commissioner Stillman felt that the mitigation studies are not sufficient for me to make a
decision about the real impacts. Ms Acerro made a point about where the noise monitors
are being made. She didn't think the mitigation to a threshold is the point. She thought we
needed to eliminate negative impacts in a preservation area. We should be going forward
and eliminating impacts in this very special urban greenbelt.
Commissioner Gilgun did not think that the mitigations are adequate especially about the
noise threshold because of where the measure was taken and the ambient noise. To use
that as a guide is a deficiency. The thresholds may be fine for an urban area.
Commissioner Macias thought the noise estimation is not accurate. Monitoring from the top
of the quarry is not the actual area where the race is going to be. They are just too close to
the preserve. He loves development. He is business minded. But something like this, they
should keep the area the way it is now.
Commissioner Davis stated that the preserve is an issue for him. We need to find something
in a different way than they propose today. You only get one chance to cut a diamond, and
he is for keeping it the way it was and the way it is.
Vice-Chair Jasek stated that this is something that he personally does not believe in, but our
job is not to bring our personal emotions to the table. Our jOb is to determine whether the
City has done their job. The City has done their job in looking into and mitigating the
problems that are going to be created with this. It's hard to look at that area and isolate one
specific event and say that that one specific event is going to have a detrimental effect on
the preserve. This alone is not a detriment to the preserve.
Commissioner Mosolgo returned to the meeting.
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ENVIRONMENTAL PROJECTS MANAGER COMMENTS
Ms. Lundstedt reported the following:
. The Commission was emailed the website link to the "Assessment of Civic Engagement
in Chula Vista". It is going to the City Council for consideration on May 15th.
. On May 16th, the Planning Commission is going to have a workshop. It will be on
processing procedures the City undertakes including overviews of the Brown Act,
charter, noticing, legal requirements, and the CEQA process. Planning staff is going to
give the presentation.
. The Boards and Commissions recognition event (this is not the Beautification Awards) is
going to be Monday, June 18th, at 6:00 p.m. in the Montevalle Recreation Center.
Invitations will formally go out the last week of May.
CHAIR COMMENTS: Chair Reid wanted to remind everyone of the June 6th combined meeting
with the City Council, Planning Commission, Design Review Committee, RAC, GMOC, etc.
regarding the infrastructure presentation.
COMMISSIONER COMMENTS
Commissioner Gilgun handed out a brochure entitled "Working Today For a Walkable
Tomorrow" from Walk San Diego.
Commissioner Gilgun stated that she and Commissioner Mosolgo went to a briefing by City staff
regarding redevelopment planning.
4. Redevelopment Advisory Committee (RAC) Update
Commissioner Gilgun reported that the two main projects were the KOA campground
redevelopment and the Bay Vista residential development off of Palomar. The majority of
the meeting was public comment on the Riverwalk (aka KOA) planned community. She
highly encouraged the Commissioners to read as much information as they can about that
project because she is their representative on the RAC and would appreciate any input that
the RCC has. What was interesting is that it seemed to be one of the first RAC meetings that
really did what it was supposed to do as far as giving the public a forum. Riverwalk is a
project that RCC needs to look real closely at, just like the off-road racing. At issue is taking
an area that has been zoned as open space in the General Plan Update for most of the
property and putting in high-density residential near a residential area. One of the key issues
is that the only entrance into the project would be off of Second Avenue.
ADJOURNMENT: Chair Reid adjoumed the meeting at 7:00 p.m. to a regular meeting on
Monday, May 21, 2007, at 4:30 p.m. in the Ken Lee Building Conference Room, 430 "F" Street,
Chula Vista, CA 91910.
Prepared by:
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Linda Bond
Recording Secretary
(J:\Planning\RCC\2006\RCC050707Mins)
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15-210
ACTION AGENDA
Resource Conservation Commission
Chula Vista, California
Monday. May 7.2007
4:31 p.m.
Ken Lee Building Conference Room
430 'F' Street
CALL MEETING TO ORDER
ROLL CALUMOTION TO EXCUSE: Chair Douglas Reid e. Vice-Chair Stanley Jasek e.
Commissioners Georgie Stillman e. Eric Mosolgo e, Lynda Gilgun e. Brett Davis e and Richie
Macias, Jr. e
APPROVAL OF MINUTES: April 16. 2007
Approved (7-0)
ORAL COMMUNICATIONS: None.
INFORMATION ITEM
1. Drainage Training
No Action Required.
NEW BUSINESS
2. IS-06-020 -- Napa Place. 445 First Avenue
Approved (7-0)
3. IS-07-030 -- Conditional Use Permit for Temporary Championship Off-Road Race 2007;
east of the existing terminus of Main Street. east of Heritage Road
MSC (Stillman/Gilgun) that the Mitigated Negative Declaration be found insufficient.
Vote: (4-2-0-0) with Reid and Jasek opposed and Mosolgo recused.
ENVIRONMENTAL PROJECTS MANAGER COMMENTS
CHAIR COMMENTS
COMMISSIONER COMMENTS
ADJOURNMENT: At 7:00 p.m. to a regular meeting on Monday. May 21.2007, at 4:30 p.m. in
the Ken Lee Building Conference Room. 430 'F' Street. Chula Vista, CA 91910
15-211
The Otay River Valley _ A Regional Park Reality
Date: May 7, 2007
From: Jim Lovewell, Vice-Chair, Otay Valley Regional Park Citizens Advisory Committee (CAC)
Championship Off-Road Race (CORR) 2007 Race Season Subcommittee (Subcommittee)
To: John Willett, Chair, Otay Valley Regional Park Citizens Advisory Committee (CAe)
Subject Recommendations to CAC from Subcommittee
As you know, the CAC first became aware ofCORR's 2007 Race Season proposal upon receipt ofa letter
from the City of Chula Vista's Planning Directors memorandum dated April 19, 2007. This memorandum
outlined CORR's proposed activities and the City's Conditional Use Permit (CUP) process. Because of the
quick turnaround necessary for City's review/approvals ofCORR's proposal, you convened a special CAC
meeting on April 25, to discuss the proposal and the CUP process. The CAC subsequently met at the
regularly scheduled meeting on April 26. It was decided at this meeting that more time was needed for the
CAC to review all documents related to CORR's proposal, particularly the draft Mitigated Negative
Declaration. Expecting this need for more review, you had previously appointed a CAC Subcommittee to
study the issues and bring back recommendations to the CAC for a possible vote at the next meeting, which is
to occur on May 18. This Subcommittee met on May 4. The following represents the Subcommittee
recommendations to the CAC:
After much discussion and at times serious debate among the members of the Otay Valley Regional Park
Citizens Advisory Committee (CAe), the CAC Champion off-Road Races (CORR) Subcommittee, voted on
May 4,2007, to recommend to the CAC (at a meeting to be held on May 18,2007) approval for a
Conditional Use Permit (CUP) for the temporary Championship Off-Road Races (CORR) 2007 Race Season
(June 8-10 and September 29-30, 2007) to be held in the Rock Mountain Quarry area on privately owned land
in the Otay River Valley (Valley) with the following comments:
1. The applicant should rigorously adhere to all conditions set forth in the final version of the Mitigated
Negative Declaration (MND). (The CAC subcommittee was able to review the draft MND dated April 21,
2007)
2. The applicant should provide at its' sole expense impartial monitors that will measure and document the
baseline conditions and the actual sound, air and water impacts to the Valley by all aspects of the 2007 Race
Season. Further, sound monitoring should also take place at the nearest edge of the property line of private
residences south and southwest of the race area.
3. The CAC's "CORR" Subcommittee approval is not to be considered as an endorsement of any future
proposal by CORR, whether temporary or permanent.
Respectfully,
Jim JolJeweft
Copy to:
OVRP CAC "CORR" Sub-Committee Members
Resource Conservation Commission Meeting Members, May 7, 2007
Chula Vista Planning Department, Jim Sandoval, Ed Batchelder, Rick Rosier, Frank Herrera-A
San Diego County Park's Department, Chuck Tucker
15-212
The OTAY RIvER VALLEY
A Regional Par! Reality
Date: May 7, 2007
From: Jim Lovewell, Vice-Chair,
OVRP CAC Championship Off-Road Race, Sub-Committee
To: John Willett, Chau
Otay Valley Regional Park (OVRP) Citizens Advisory Committee (CAC)
Subject: Mitigated Negative Declaration, "Conditional Use Permit for Temporary Championship
Off-Road Races 2ooT'
After much discussion and at times serious debate among the members of the Otay Valley
Regional Park Citizens Advisory Committee (CAC), the CAC Champion off-Road Races (COOR)
subcommittee, appointed by the CAC Chair, on April 24, 2007, after receipt of a letter from the City
ofChula Vista's Planning Director's memorandwn dated April 19, 2007 voted on May 4, 2007, to
recommend to the CAC (at a meeting to be held on May 18, 2(07) approval for a Conditional Use
Permit (CUP) for the temporary Championship Off-Road Races (CooR) 2007 race season (June 8-10
and September 29-30, 2007) to be held in the Rock Mountain Quarry area on privately owned land in
the Otay River Valley (Valley) with the following comments:
I. The applicant should rigorously adhere to all conditions set forth in the fmal version of
the Mitigated Negative Declaration (MND). (the CAC subcommittee was able to review the
draft MND dated April 21, 2007)
2. The applicant should provide at its' sole expense impartial monitors that will measure and
docwnent the baseline conditions and the actual sound, air and water impacts to the Otay River
Valley by all aspects of the Races. Further, sound monitoring should also take place at the edge
of the property line of private residences south and south west of the races area.
3. The CAC's "COOR" subcommittee approval is not to be considered as an endorsement of'
any future proposal by COOR, whether temporary or permanent.
Respectfully,
:Jim .L!ouEwdl
Copy to: OVRP CAC "COOR" Sub-Committee Members
Resource Conservation Commission Members
Chula Vista Planning Department, Jim Sandoval, Ed Batchelder, Rick Rosier, Frank
Herrera-A
San Diego County Park's Department, Chuck Tucker
15-213
OTAY VALLEY RIVER PARK
"SPECIAL SUBCOMMITTEE CAC MEETING"
"Meeting Notes"
b. Karen requested that they have no camping. Karen is concerned about the shuttle trips.
Karen requested that they move the camping site to another location.
c. Karen is concerned about the noise for the gnatcatchers. She mentioned that the males
build the nests and start the process.
d. Reference is made to the attached list (attachment).
3. Wayne Dickey
a. I appose to the June time frame and am ok with a time frame outside of the nesting
between April and June.
b. Wayne identified that one life cycle is concerned about the
4. Don - Jim Baldwin owns the company I work for. It was requested that this temporary event
be supported. Jim Baldwin has promised to bring designers to the table when developing.
S. Dr. McCoy
a. The program is not consistent with the OVRP and the Management Plan.
b. This creates an impacts that goes against the Fish and Wildlife's protection of species.
c. March 15 to Sept 15 is required by Fish and Wildlife as a law and should not be
allowed
d. Direct and indirect impacts need to be taken into consideration.
e. The Watershed Management Plan took about 2-years with many jurisdiction signing off
on it. It was identified that the intent of the OVRP would be maintained. The Resource
Management Plan and the SAMP should all be compliant with the Watershed
Management Plan. If so, the plan will preclude this from happening.
f. The above need to be considered before this item proceeds forward.
6. Two people are not here that are part of the subcommittee.
a. Frank 0 (see attached) - Jim summarized as follows:
i. No.3 - The rock crushing plan is a cover up for future development of a
permanent facility.
b. Mike Behan (see attached) - Jim summarized the following:
1. Mike supports this item to proceed forward.
11. Recommends the following:
1. Dust noise
2. Noise
3. Water
4. Test should be done during the event by a neutral 3rd party.
The recommendation is as follows without knowing the Resource Agency's position or findings:
. Land owns the land
. This proposed plan is an entity that someone will be dealing with us for many more
years.
. MND actual impacts are not identified.
. Impacts should be measured (Noise monitoring, water sampling, dust control...)
. Use this as an experiment for the future proposal.
1 5-2l4f 4
OTAY VALLEY RIVER PARK
"SPECIAL SUBCOMMITTEE CAC MEETING"
"Meeting Notes"
Dr. McCoy does not support the Chairs recommendation because it does not go with the OVRP plan.
No motorized vehicles are intended to be part of this park. This park is to be serenity not a place for
loud noises and piece. It is meant for animals to migrate.
Karen stated that she supports Mike with the idea that there are no trails in this area today. She does
not support the time of this event and does not suggest a permanent.
Frank read the concept plan and identified that this is private land and that we do not have the right to
prevent a private owner from developing a project on his land. The public process will determine
what this owner can do with this land.
Robin mentioned that this proposed proiect is located within the proposed boundaries of the OVRP
and the CAC is an advisory bodv for the park and can comment on proposed proiects based on what is
written in the approved OVRP Concept Plan.
A motion is called to support this temporary event with environmental monitoring:
. 5 in favor
. 2 opposed.
This will be recommended to the CAe.
1S-tl'if4
REGIONAL PARK
May 3, 2007
Dear Sir/Madam:
CHAMPIONSHIP OFF-ROAD RACING PROJECT COMMENTS
On April 26, 2007 the Otay Valley Regional Park Policy Committee/Citizens
Advisory Committee held its quarterly meeting at the Chula Vista Public Works
Building. At this meeting a presentation was given by the City of Chula Vista
staff and the project applicant on CORR Off-Road Racing about a conditional use
permit for two events.
During the meeting the Policy Committee took action to forward the comments
made verbally at the meeting by the Policy Committee, Citizens Advisory
Committee and the Public in reference to the CORR application to the Resource
Conservation Committee, Planning Commission and Chula Vista City Council for
consideration.
Attached are a summary of the comments.
Sincerely,
~~~1f~
Administrative Secretary
County of San Diego, Department of Parks and Recreation
Attachment
cc: Supervisor Cox, District 1
Councilman Hueso, City of San Diego
Councilman McCann, City of Chula Vista
Citizens Advisory Committee Members
15-216
(JfAX--
g-
--
- . -:::
~~
REGIONAL PARK
OTAY VALLEY REGIONAL PARK
JOINT POLICY-CITIZENS ADVISORY
COMMITTEE MEETING MINUTES
April 26, 2007
2:00 P.M.
3. Championship Off-Road Racing (CORR) Proposal _
· John Willett, CAC Chair - I have fonnulaled a subcommittee to evaluate this
issue, the chair of this subcommittee is Frank Ohrmund. I've asked Frank to
summarize the input at yesterday's CAC meeting on this proposal.
· Frank Ohrmund, CAC Vice Chair - I have worked on quarries before and I
understand that with this specific quarry there is not a major use pennit because
the quarry was grandfathered in. It seems to me that we are skipping a few
steps in trying to use this active quarry and put a motorcycle track in. I think that
there needs to be a reclamation plan for this area. I think that we need to have
fair play and if this quarry is to be a benefit to the community it should be
performing to a level that would provide net benefits the community. The Otay
Ranch General Development Plan talks about general permitted uses for the
area, and we are supposed to have an 11,325 acre preserve and 400 acres for
active recreation, but nowhere does it talk about a private owner being able to
have an active recreation site. It is my understanding that the active recreation
areas were to be operated by the Otay Ranch Preserve Owner Manager (paM),
and that the POM is supposed to comment on uses in the preserve. How can
the CAC make evaluations if the Preserve Owner Manager is not functioning
properly? There will be activity within the OVRP as part of the race track site and
the camping area would be completely in the OVRP in an active recreation site. I
think that there needs to be a lot more study on this type of use before a site is
selected. Do we really want to let this set the standard for the future? I would
like to take a straw vote as to who in the CAC supports this project as is? We
should take time to look at other locations, and consider moving the camping
area to where the parking is. I'm not necessarily against the use in concept, but
it needs to be brought back in a larger discussion where the CAC has adequate
time. (Note only 1 of 19 CAC members present raised their hand)
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OVRP PC Meeting Minutes
Page 2
April 26, 2007
· Jim Lovewell, CAC Member - I was unable to attend yesterdays meeting, which
is unfortunate, but I do think that this activity does deserve to have a site for this
event. I think that we need additional information to be able to make an infonmed
decision about this. This request for a temporary use could act as an
experiment. I would like to know what comments the wildlife agencies have
made on this. I just think that at this time we are not able to make a
recommendation as there are just not enough facts to make a decision one way
or the other about this project.
· Jack Bransford, CAC Member - I share some of Jim's comments. I feel that I
would vote for it currently as a temporary activity based on the presentations that
staff have made that the appropriate considerations have been made. I do
believe that we should've had more time to go over the details of this and I think
it is a good example of how we don't want projects to come forward in the future.
· Ellen Rawolle, CAC Member - I think that I would vote no at this point because
we don't know enough and I don't want to have something permanent like this to
end up in the OVRP.
· Ruth Schneider, CAC Member - As you know Bob Filner, Pat McCoy and I got
together and decided that this area needed to be preserved and we have worked
and continued to pursue this park for all the people's benefit. If we wanted
something that was for race tracks, camivals and beer can stadiums, we wouldn't
have continued our efforts to have a park in the OVRP. Coors has not been an
exampte of a good neighbor. I will protest this to the end and go to Jerry Brown if
I have to. This is the beginning of a set-up that they want to have year after year
and it will not be just limited to these two weekends and it will become year
round. We are a committee that is supposed to review and recommend because
it is our area and we are concerned about the wildlife and habitat in the area. We
have not had enough time to do this. There has also been no consideration for
the residents in the area. I say no, this is something that will take over the area.
I was told that many of these quarries were being dosed down and that when
they closed they should be made into something that can benefit the community.
We need to promote park friendly pedestrian type activities and. recreation, not
the motor kind. I adamantly say no, this is not the place for this event.
· Sally Bartlett, CAC Member - To be fair to the CORR organizers I decided to
take a survey to help and represent the interests of the citizens of Chula Vista. I
talked to 20 ditferent people and got 8-yes, 11-no, 1-undecided. I think that
many people are just like me and have some questions and issues, and I would
say no at this time Some of the questions are - what will the real impact be,
what's the benefit or not, what can be done to lessen the noise (tasttime it could
be heard in Del Rey canyon), will the tickets be reasonably priced.. and in the
future will there only be races or other uses?
· Mike McCoy, CAC Member - I just wanted to comment that we have to look at
the OVRP plan, Specific Area Management Plan, and watershed plan before we
move forward with any of this. This is right next to the MSCP and if you want to
make a sham of the MSCP and these other plans you would put something like
this in this area. I think that there are better places to have this type of activity,
and this is being shoved down our throats
15-218
OVRP PC Meeting Minutes
Page 3
April 26, 2007
+ Michael Dedina, Public - We are in a war and when we are using gasoline we
are funding the war making activities of our enemies. This race track will
promote the use of gasoline, therefore indirectly supporting our enemy.
+ Georgie Stillman. Public - I am also a member of Chula Vista's Resource
Conservation Commission and I have two questions - how often are the current
easement roads used, the one that will be used to access the camping area as
well as the two shuttle roads from the parking and camping areas to the race
track? How disturbed are these areas today?
+ Kevin O'Neill, CAC Member - Recreation means different things to different
people and we are talking about a two race series that would give us the
opportunity to see how this would affect the area. I think that we should work
with them and I think that it is a good idea that would not have long tenn impacts.
I think that there should be an off-road facility in the county so that we can get
many of the off-roaders out of the preserves. I think that we should move
forward with this.
+ Theresa Acerro, Public - comments on the notice for environmental preparation
were due on 4/19 and the draft MND went out on 4/20? That's absurd. I think
that things are being rushed and I have a big concern about why the camping
area is Proposed in the MSCP
+ Jo Hanlon, Public - I agree that we absolutely need somewhere for off-roading to
keep them out of our preserves and I think it would be wonderful to get a
camping area somewhere for the future. I do think the location is alrocious. I
agree with the comments on the maintenance roads and the usage levels.
+ Supervisor Cox - Referencing Frank Ohrmund's comment about the fact that
11,375 acres were allotted for the OVRP and that there was 400 acres allotted
for active recreation- that is now somewhat smaller perhaps 250 acres due to
MSCP refinements. it will be my suggestion that these minutes are forwarded to
Chula Vista's Resource Conservation Commission, Planning Commission and
City Council to assist them with their review. All of the property is currently in
private ownership and as I understand the camping area is currently slated as an
active recreation site In the MSCP. I don't understand why the camping area has
not been suggested near the parking area or at the amphitheater or water park.
I'm also irritated on the short time frame. I do believe that we need a place
where we can have off-road activity or we will continue to have the current
problems that we have.
+ Councilman Hueso - I concur and I think that we heard some excellent
comments today and I would like to request to get a copy of the environmental
document I would like to see if it adequately covers the issues. I'm also not
ready to vote on anything.
MOTION TO FORWARD THE COMMENTS MADE BY THE PC, CAC AND
PUBLIC IN REFERENCE TO THE CORR APPLICATION AT THIS MEETING
TO THE RESOURCE CONSERVATION COMMITTEE, PlANNING
COMMISSION, AND CHUtA VISTA CITY COUNCIL FOR THEIR REVIEW _
Councilman Hueso, 2"" Councilman McCann
ALL IN FAVOR - 3-0-0
15-219
OVRP PC Meeting Minutes
Page 4
April 26, 2007
· Councilman McCann - I think that the timing is difficult for everyone and
appreciate all of the comments made today. If anyone would like to talk with me I
can be reached at (619) 691-5044 or jmccann@chula-vista.ca.us
· The conditional use permit process meetings are as follows: The Resource
Conservation Commission on May 21 at 4:30 pm at the Ken Lee Building at the
Chula Vista Civic Center (there is a possibility that the RCC meeting may be
moved up to May 7 to ensure lime to make it to the Planning Commission
meeting), Planning Commission May 23 at 6:00 pm at the City Council chambers
and the Chula Vista City Council on June 5 at 4:00 pm also at the City Council
chambers. Chula Vista will contact members to confinn if the RCC date is
moved to May 7.
15-220
OT A Y V ALLEY RIVER PARK
"SPECIAL SUBCOMMITTEE CAC MEETING"
"Meeting Notes"
Date: Friday April 25, 2007
Attendees:
. See sign in sheet
Copies of Joint Staff Attendees:
. Steve Ron
. Bill Saumier
. Chuck Tucker
. John Barone
. Frank Herrera
. Robin Shifflet
Special Guest:
. Casey Trumbo from County of San Diego Resource Development
INTRODUCTION
Jim Lovewell clarified that this meeting is for two agendas the Mace Street, Beyer Way Regional
Staging areas, and CORR Racing subject.
MACE STREET I BEYER WAY REGIONAL STAGING AREAS
. Bill Saumier identified the handouts starting with the location of each staging area then moving
onto the presenting the Order of Magnitude estimate that is provided as a courtesy and not to
be used as a high or low value.
oBeyer Way South Regional Staging Area
. Design, Environmental & Construction = $9.6 million
. 3 to 5-1I2 years to construct with funding
o Funding Allocated = $200,000
o Mace Street
. Design, Environmental & Construction = $1.1 million
. 2 to 3 years to construct with funding
. Jim Lovewell stated the two options: rCGElmmeads:
o Provide equestrian parking at Mace Street Staging Area that will give the equestrians a
staging area sooner then Bever Wav and the cost will be less expensive.
o OR Continue with the design of Bever Way South Regional Staging Area
o Is there any downside and what do subcommittee members think?
. John Willet identified that the sewer line under the Mace Street that mav be a conflict and
needs to be considered in the design.
. Steve Ron identified that it is the intent to eElnstruet trails before the sta!:in!: areas.
15-zHf4
OTAY V ALLEY RIVER PARK
"SPECIAL SUBCOMMITTEE CAC MEETING"
"Meeting Notes"
. Jack Bransford - How true are the cost estimates and timeframes for the two locations? What
do the Equestrian Users want?
. Jim Lovewell said that he understood fromMark Kukuchek that getting equestrian parking at
Mace Street would be preferred at this time because of the cost and time frame for the Regional
Staging Area.
· Jim Lovewell said the Subcommittee should make a motion and take the motion to the CAC
and then the PC for approval of how to spend the money.
· Jack Bransford - made a motion to move the $200,000, which was given by Cox for the
Regional Staging Area, to the design and construction of Mace Street Staging Area in order to
provide equestrian parking.
o 7 in favor of the motion.
o 0 objections
. Jack Bransford - stated that the Beyer Way South Regional Staging Area should still be built
in the future when there is funding to complete the proiect.
· Robin Shifflet - stated that the equestrian design at Mace Street would need input from the
equestrian users and that the amenities should be prioritized in order of preference so that due
to budget the highest priority items would be included in the base bid.
PART 2 OF THIS MEETING
Meeting started at 3:10 PM
CHAMPIONSHIP OFF-ROAD RACES CORR RACING
Jim started reminding the group that we represent the members of the OVRP when commenting on
this item and asked that we put our personal
. Draft Mitigated Negative Declaration is up for discussion.
o No resource agency comments at this time.
o Reference was made to the James Sandoval letter dated April 19, 2007.
o Jim Baldwin is the owner of the land.
o Grading is already taking place on the site. .
o May 20th is the last day ofthe review period for the Resource Agency.
. Page 12 of the MND is in error with the date reading April 21, 2007 instead of April 19, 2007
as currently read.
. The Chair of the CAC, John Willet will check with the PC to see how the Supervisor wants to
handle a reporting of the upcoming CAC position on this issue.
o Comments from this meeting will need to be forwarded to Harold Phelps to bring
forward to the City ofChula Vista Planning Commission's meeting.
Items that are concerns or issues that might interface with the OVRP. The open comments were
requested:
1. Jack is fine with supporting this group
2. Karen is fine with supporting this event with prohibiting pets to the event.
a. Fireworks were identified and it was noted that
15-222f 4
TO: THECHULA VISTA RESOURCE CONSERVATION COMMISSION THE
,
CHULA VISTA PLANNING COMMISSION, THE CHULA VISTA MAYOR
AND CITY COUNCIL
FROM: PATRICIA AND MICHAEL MCCOY
RE: IS-07-030 --- Conditional Use Permit for Temporary Championship Off-Road Race
2007; east of the existing terminus of Main Street, east of Heritage Road
Patricia and Mike McCoy have been involved with the Citizens Advisory Committee for
OVRP over the past 19 years. Patricia was appointed in 1988 and served until 1998 then
resigned when she was elected to the Imperial Beach City CounciL Mike was appointed
to fill Patricia's seat after her resignation.
In 1978 we started working with the US Fish and Wildlife Service to acquire South San
Diego Bay as a National Wildlife Refuge. The refuge was established in June of 1999.
In 1979 the Southwest Wetlands Interpretive Association (SWIA) was founded and
established as a cooperating association with the California Department of Parks and
Recreation.
SWIA and the California Coastal Conservancy acquired the Egger/Ghio property which
was transferred to the USFWS, the County of San Diego, the City of San Diego and
Swiss Park. The property was incorporated into the San Diego Bay National Wildlife
Refuge and the Otay Valley Regional Park west of Interstate 5.
In addition to serving on the CAC for OVRP Mike served on the advisory. committee that
formulated the Otay Watershed Management Plan.
It has been our intention to utilize this greenbelt land as a wildlife corridor enabling
species to move freely from the bay area along the riparian lands east to the Otay
Mountains. The park was also established to fulfill the need for passive recreational
opportunities enabling people to get away from the hassle, noise and stress of everyday
life in an urban area. Selected active recreational sites are also available for soccer and
baseball fields.
There has never been any consideration given to Off Road Vehicle (ORV) use along this
park corridor. This is inconsistent with the park mission and vision, the Multiple Species
Conservation Program (MSCP), and the Otay River Watershed Management Plan. The
Specific Area Management Plan (SAMP) has not been completed yet but activities like
OR V use would not be consistent with the SAMP. The biological, hydrological and
15-223
human impacts in addition to disruption of soils, noise and lighting create an untenable
situation.
We are concerned that this event could set a precedent allowing other inconsistent
activities within and adjacent to the OVRP. We are extremely concerned that ORV
facilities might be incorporated permanently into the park plan.
The proposed event directly impacts MSCP lands. It is interesting to note that if a
biological restoration project is undertaken in or around endangered species habitat it can
take six months or longer to receive the agency permits and complete the studies
necessary to begin the project.
In addition, work could not be undertaken between March 15 and September 15 to
protect against encroachment on nesting birds like the California Gnatcatcher or the Least
Bells Vireo. In this case it would denigrate these rulings if such an invasive and
destructive event were allowed to proceed.
We think there are better alternatives. There are designated areas for events like this in
San Diego County like the Ocotillo Wells site. This is an appropriate area for such an
event.
We strongly oppose utilizing the proposed quarry site.
15-224
F;ank Ohrmund, 5/3/07 3:59 PM -0700, Re: CORR CAe Subcommittee Meeting Frida
From: "Frank Ohrnumd" <frank@otayrealestate.com>
To: .., John Willett'" <jawi1.1ett@.cox.net>,
<ebatchelder@ci.chula-vista.ca.us>
Cc: "Jim Lovewell" <jlovewell@earthlink.net>,
.. 'Dena & Jack'" <d.enajack@cox.net>
Subject: HE: CORR CAe Subcommittee Meeting Friday, April 6
Date: Thu, 3 May 2007 15:59:10 -0700
Thread-Index: AceNBkrx06Py4 5dESPul IeEBUVzbqgAxCmlQ
1
Jalm/Ed,
Here are a few main points that of serious concern.
1. We have no declaration from. the POM (Preserve o..mer/Manager) for Otay
Ranch on what their recotmendation is for CORR' s proposal, and what its
affect on the Preserve land, they manage, would be. This is for the
unauthorized use of land at the south end of the Quarry that is south of the
Quarry property line and the proposed ~inq site. The camping site is
talked about in the otay Ranch General Plan, Resource Management Plan 1 & 2
as being suitable for "active recreation" within the Preserve. This use
would only be allowed to be converted fram. its current use after its
dedication into the Preserve~ At that ti.nw= the PCM would oversee, with the
JEPA, what active recreational uses could be developed by the park or a
private enterprise. This can only happen after its dedication to the
Preserve. Until the property is dedica.ted into the Preserve, language in
Otay Ranch's own, self-imposed, planning docun>ent states that only existing
fanning can continue as a use in the Preserve.
2. The Chula Vista's MSCP calls for the "canq;:dng site" as a "Planned .Active
Recreation Area - SUbject to RMP Policies and OVRP Planning".. This same area
is identified as a "Park Study Area" and that is because Figure 3-3 in the
MSCP has determined that there is Tier I, rI and III habitat to be impacted
by development~ Driving and clearing this land hap-hazardJ.y aoSt likely
increase non-native plants in this area without a better pl.an. This would
only matter if they sanehow' can support skipping #1 above~
3 . The owner's of the Property have not shown that what they are planning
is a net benefit to the coum.mlty.
They have essentially stopped quarry operations, which has increase
material costs in the South Bay by 10-15%. Material for concrete, road.
base, and asphalt now needs to be trucked fran north Lak.eside.. By closing
the Quarry or operating it at a small fraction of its capacity is costing
the ccmmuni ty millions in trucking costs ~
The use would only be for a handful of millionaire racers and their
sponsors. The public will not be able to use the facility. No local racers
came to support this use at the public meetings.. This is a playground. for
millionaires period. No contribution to the park has been offered.
4. This CUP is just a placemat that would allow them to process the "real'"
project later.. Which now have admitted that they will soon do.. Why let
them do this with little review, when all the planning documents call for
more study and involvement with the POM and OV'RP JEPA. The owner's of the
Property, CORR and otay Ranch Ccmpany have plenty of land available for this
facility and/or can hold the races at one of their other tracks this year.
Their land in Otay Ranch haa held this race before and I am sure they can do
it again. This land is farmland away from the Preserve and it woul.d be a
better option to give them premission to grade this area while we process
any application for a pe;cnanent use at the Quarry Property. 'This way all
those responsible can properly review and. conment on their project. This
project should be completely outside the Preserve.
5. No changes to a quarry operation can be made without modifying the Major
Use Permit and/or completing the Reclamation Plan. Since there is no Major
Use Permit, and we are changing the use, the City should now require the
quarry to be permitted under a use permit. Or they can close the quarry,
Peinted for John \-"Hlett <jawiHett@cox..fiet>
.
L
15-225
Frank Ohrmund, 5/3/07 3:59 PM -0700, Re: CORR CAC Subcommittee Meeting Frida
complete the Reclamation Plan work and then process their Conditional Use
Permit. At the very least, they need to deal with the Reclamation Plan
before changing or modifying the use. City Staff stated that the
Reclamation Plan allows for dirt to be moved and that is their justification
for allowing them to IrOve it into the condition of a racing track. This is
just bad logic and can't be defended by any sane person. The State Office
of Mine Reclamation will have something to say about that reasoning.
2
Enough said,
Frank OhrImlnd
Broker/OWner
Otay Real Estate
2433 Fenton Street, Suite A
Chula Vista, CA 91914
619-397-5300 voice
619-397-5370 fax
-----Original Message-----
From: John Willett (mailto:;awillett@cox.net)
Sent: wednesday, May 02, 2007 3;20 PH
To: michele x
Cc: Jim Lovewell; Dena & Jack; Frank Ohnrlund
Subject: Re: CORR CAe Subcoumittee Meeting Friday, April 6
Miche~e
Thanks for the effort you put into the drafting of your canments, as
they are along :my lines of thOughts also. To date the City of Chula
Vista has not received various agencies written response' s. If I do
receive copies of the agencies comments I will forward copy to you
and Jim.
Related subject, the COOR's suject will be an action item at regular
CAe Meeting on May 18th at 2:00 p.m. Chuck Tucker, Counties OVRP Staff
called me
about an hour ago and wanted my recomendation, I said yes make it an
action i tern as we had it as an information at the last CAe Meeting
before the PC and then an II infoDDation formation at the PC meeting so
the requir~nts have been met already and will discuss the same this
Friday.
Have a good vacation
John w...
No virus found in this ineaning message.
Checked by AVG Free Edition.
Version: 7.5.467 / Virus Database: 269.6.2/784 - Release Date: 5/1/2007 2:57
PM
No virus found in this outgoing message.
Checked by AVG Free Edition.
Version: 7.5.467 / Virus Databa$e: 269.6.2/787 - Release Date: 5/3/20072:11
PM
Printed for John Willett <jawillett@cox.net>
15-226
2
Page 1 of2
Harold Phelps
From: Harold Phelps
Sent: Tuesday, May 15,20079:11 AM
To: Harold Phelps
Subject: Comments from Frank Ohrmund on CORR CUP
Importance: High
-----Origlnal Message-----
From: Frank Ohrmund [mailto:frank@otayrealestate.com]
Sent: Wednesday, May 09, 2007 10:09 AM
To: Marisa Lundstedt; Glen Laube
Subject: FW: Resource ConselV. Commission meeting last night.
Marisa/Glen,
My modified comments are below.
10
Frank Ohrmund
Broker/Owner
Otay Real Estate
2433 Fenton Street, Suite A
Chula Vista, CA 91914
619-397-5300 voice
619-397-5370 fax
858-945-4974 cell
From: Frank Ohrmund [mailto:frank@otayrealestate.com]
Sent: Wednesday, May 09, 2007 9:31 AM
To: 'Marisa Lundstedt'
Subject: FW: Resource ConselV. Commission meeting last night.
Marisa,
Your request to identify deficient items in the environmental document supporting a Mitigated Negative Declaration
should include the following. Please pass this on as my objections to the environmental document.
1. Glen explained the true extent of the study and its relevance for a temporary use.
2. After quick archeological review, the camping site was now reduced to half its size. If this is enough land, still,
then why was the entire area desired in the first place. Based on typical processes for consultants to complete
their work, this process for them and staff and the public to review each environmental issue is not adequate.
Consultant's work must have been rushed and appears to be incomplete when compared to typical reports for
similar projects. Not enough mention of alternatives have been made. The campground should have been
moved to the parking area and should have been studied as an alternative. With such a quick review and study
by the consultants, with current modification still being made, this environmental document supporting the
mitigated negative declaration was completed in haste and more time should be allowed for alternatives to be
developed.
3. No typical delays are being made for breeding season. The, truly, higher noise than quarry operations is an un-
mitigated impact whether or not its breeding season.
4. No plan has been made to limit the non-native plants from dominating the camping site area after the current
grasses are trampled down to a bare dirt lot. These non-native plants will re-establish themselves quicker than
native plants and will then disperse their seeds. A plan to spray or weed these plants needs to be completed for
15-227
O'i/l ~/?DO]
Page 2 of2
next winter's growing season.
The following are comments on the project as a whole that question staffs authority to support this project based on
planning documents approved by the developer. I think a legal opinion needs to be made on the conversion of any use
within the Preserve prior to dedication to the Preserve Owner/Manger or City of Chula Vista.
1. We have no declaration from the POM (Preserve Owner/Manager) for Otay Ranch on what their recommendation is
for CORR's proposal, and what its affect on the Preserve land, they manage, would be. This is for the unauthorized
use of land at the south end of the Quarry that is south of the Quarry property line (in the MSCP) and the proposed
Camping site. The camping site is talked about in the Otay Ranch General Plan, Resource Management Plan 1 &2 as
being suitable for "active recreation" within the Preserve. This use would only be allowed to be converted from its
current use after its dedication into the Preserve. At that time, the POM would oversee, with the JEPA, what active
recreational uses could be developed by the park or a private enterprise. This can only happen after its dedication to
the Preserve. Until the property is dedicated into the Preserve, language in Otay Ranch's own, self-imposed, planning
document states that only existing farming can continue as a use in the Preserve. We need a legal oDinion to
determine if the Otay Ranch Planning documents preclude this change in use prior to its dedication to the City
Preserve.
2. The Chula Vista's MSCP calls for the "camping site" as a "Planned Active Recreation Area - Subject to RMP
Policies and OVRP Planning". This same area is identified as a "Park Study Area" and that is because Figure 3-3 in the
MSCP has determined that there is Tier I, II and III habitat to be impacted by development. Driving on and clearing this
land hap-hazardly will most likely increase non-native plants in this area without a better plan. This would only matter if
they somehow can support skipping #1 above.
3. The owner's of the Property have not shown that what they are planning is a net benefit to the community. They
have essentially stopped quarry operations, which has increase material costs in the South Bay by 10-15%. Material
for concrete, road base, and asphalt now needs to be trucked from north Lakeside. By closing the Quarry or operating
it at a small fraction of its capacity is costing the community millions in trucking costs. The use would only be for a
handful of millionaire racers and their sponsors. The public will not be able to use the facility. No local racers came to
support this use at the public meetings. This is a playground for the elite period. No contribution to the park has been
offered. No net benefit has been supported.
>
> 4. This CUP is just a placemat that would allow them to process the "real" project later. Which now have admitted
that they will soon do. Why let them do this with little review, when all the planning documents call for more study and
involvement with the POM and OVRP JEPA. The owner's of the Property, CORR and Otay Ranch Company have
plenty of land available for this facility and/or can hold the races at one of their other tracks this year. Their land in Otay
Ranch has held this race before and I am sure they can do it again. This land is farmland away from the Preserve and
it would be a better option to give them permission to grade this area while we process any application for a permanent
use at the Quarry Property. This way all those responsible can properly review and comment on their project. This
project should be completely outside the Preserve.
5. No changes to a quarry operation can be made without modifying the Major Use Permit and/or completing the
Reclamation Plan. Since there is no Major Use Permit, and we are changing the use, the City should now require the
quarry to be permitted under a use permit. Or they can close the quarry, complete the Reclamation Plan work and then
process their Conditional Use Permit. At the very least, they need to deal with the Reclamation Plan before changing or
modifying the use. City Staff stated that the Reclamation Plan allows for dirt to be moved and that is their justification
for allowing them to move it into the form of a racing track. This is just bad logic and can't be defended by any sane
person. This project needed a grading permit. The State Office of Mine Reclamation will have something to say about
that reasoning.
Respectfully submitted,
Frank Ohrmund, Secretary
Friends of Otay Valley Regional Park
15-228
O'i/1 'i0007
FW: RE: CORR CAC Subcommittee Meeting Friday, April 6
Page 1 of2
Harold Phelps
From: Harold Phelps
Sent: Tuesday, May 15, 20072:51 PM
To: Glen Laube
Cc: Rick Rosaler
Subject: FW: RE: CORR CAC Subcommittee Meeting Friday, April 6
FYI
-----Original Message-m-
From: Office Of McCann On Behalf Of John McCann
Sent: Tuesday, May 15, 2007 2:27 PM
To: Harold Phelps
Cc: Rick Rosaler
Subject: FW: RE: CORR CAC Subcommittee Meeting Friday, April 6
Hello Harold
I was informed that you are the person receiving all the CORR's comments, which is why I am emaillng them to you.
Thank you
Zaira Roa
From: Frank Ohrmund [mailto:frank@otayrealestate.com]
Sent: Tuesday, May 08, 2007 10:42 AM
To: John McCann
Subject: FW: RE: CORR CAC Subcommittee Meeting Friday, April 6
>
>
> John,
>
Here are a few main points that of serious concern.
1. We have no declaration from the POM (Preserve Owner/Manager) for Otay
Ranch on what their recommendation is for CORR's proposal, and what its
affect on the Preserve land, they manage, would be. This Is for the
unauthorized use of land at the south end of the Quarry that is south of
the Quarry properry line and the proposed Camping site. The camping site is
talked about in the Otay Ranch General Plan, Resource Management Plan I &2 as being suitable for "active recreation" within the
Preserve. This use
would only be allowed to be converted from its current use after its
dedication into the Preserve. At that time the POM would oversee, with
the JEPA, what active recreational uses could be developed by the park or a
private enterprise. This can only happen after its dedication to the
Preserve. Until the property is dedicated into the Preserve, language in
Otay Ranch's own, self-imposed, planning document states that only
existing farming can continue as a use in the Preserve. We need a legal opinion to determine if the Otay Ranch Planning documents
preclude this change in use prior to
15-229
05/16/2007
FW: RE: CORR CAC Subcommittee Meeting Friday, April 6
Page 2 0[2
2. The Chula Vista's MSCP calls for the "camping site" as a "Planned
Active Recreation Area - Subject to RMP Policies and OVRP Planning". This same area is identified as a "Park Study Area" and that
is because Figure 3-3 in the MSCP has determined that there is Tier I, II and III habitat to he
impacted by development. Driving on and clearing this land hap-hazardly will most likely increase non-native plants in this area
without a better plan. This would only matter if they somehow can support skipping #1 above.
3. The owner's of the Property have not shown that what they are planning
is a net benefit to the community. They have essentially stopped quarry operations, which has increase material costs in the South
Bay by 10-15%. Material for concrete, road base, and asphalt now needs to be trucked from north Lakeside. By closing the Quarry or
operating it at a small fraction of its capacity is costing the community millions in trucking costs.
The use would only be for a handful of millionaire racers and their
sponsors. The public will not be able to use the facility. No local
racers came to support this use at the public meetings. This is a playground for millionaires period. No contribution to the park has
been offered.
>
> 4. This CUP is just a placemat that would allow them to process the
"real" project later. Which now have admitted that they will soon do. Why let them do this with little review, when all the planning
documents call for more study and involvement with the POM and OVRP JEPA. The owner's of the Property, CORR and Otay Ranch
Company have plenty ofland available for
this facility and/or can hold the races at one of their other tracks this year. Their land in Otay Ranch has held this race before and I am
sure they can do it again. This land is farmland away from the Preserve and it would be a better option to give them premiss ion to
grade this area while we process any application for a permanent use at the Quarry Property. This way all those responsible can
properly review and comment on their project. This project should be completely outside the Preserve.
5. No changes to a quarry operation can be made without modifying the
Major Use Permit and/or completing the Reclamation Plan. Since there is no
Major Use Permit, and we are changing the use, the City should now require the quarry to be permitted under a use permit. Or they
can close the quarry, complete the Reclamation Plan work and then process their Conditional Use Permit. At the very least, they need
to deal with the Reclamation Plan before changing or modifying the use. City Staff stated that the Reclamation Plan allows for dirt to
be moved and that is their
justification for allowing them to move it into the form of a racing track. This is just bad logic and can't be defended by any sane
person. This project needed a grading permit. The State Office of Mine Reclamation will have something to say about that reasoning.
Respectfully submitted,
Frank Ohrmund
No virus found in this outgoing message.
Checked by A VG Free Edition.
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15-230
05/16/2007
Karen Smith - comments & Questions on CaRR MND. 5-4-07
150 campsites
about 7400 parking spaces
expecting 10K people per day
All will be shuttled from parking or camp to race area.
how many shuttle trips?
what fuel do shuttles use?
what kind of shuttle vehicles?
All traffic limited to 15 mph. Even shuttle?
p. 7 states that there was a previous unauthorized disturbance of the preserve
area by the quarry operator and implies that therefore it is OK to use this
disturbed preserve land for the race. Reclamation plan says restoration will
occur in 25 years!
MND keeps says that all of this is temporary. Will their next MND then say we
did it before so therefore it is OK?
p. 20 suggests that gnatcatchers have become accustomed to noise because of
quarry ops. However, I don't hear the quarry from my house and I know I will
hear the race. MND says noise for two days during nesting season. But what
about practice days?
prohibit pets
can we ask that they prohibit the camp or move it to parking area?
Why ask for fireworks when all actMty is scheduled to end by 7 PM and it is not
dark then?
Off-road riding and racing is very popular in San Diego. The area needs
facilities for the legal pursuit of these activities. What about using an existing
facility such as Qualcomm Stadium? I once saw off-road motorcycles race at
Anaheim Stadium, where huge amounts of dirt were trucked in and an entire
course built and then taken down.
15-231
Page 1 of3
Harold Phelps
From: Harold Phelps
Sent: Tuesday, May 15, 20072:50 PM
To: Glen Laube
Cc: Rick Rosaler
Subject: FW: Comments on EIR for CORR Event form Mike Behan
FYI
-----Original Message-----
From: Office Of McCann On Behalf Of John McCann
Sent: Tuesday, May 15, 2007 2:24 PM
To: Haroid Phelps
Cc: Rick Rosaler
Subject: FW: Comments on ErR for CORR Event form Mike Behan
From: michele x [mailto:mibmjb@yahoo.com]
Sent: Tuesday, May 08, 2007 12:18 PM
To: John McCann
Subject: Comments on ErR for CORR Event form Mike Behan
Date: Mon, 7 May 200712:41:29 -0700 (PDT)
From: mibmjb@yahoo.com>
Subject: Comments on ErR for CORR Event form Mike Behan
To: jmccann@chulavistaca.gov
Chula Vista Council Member John McCann:
Please find attached to this e-mail my comments to the ErR for the Championship Off-
road Racing event as r presented them to the OVRP, CAC via e-mail May 1,2007.
They do not necessarily represent what the Citizen Advisory Committee for
OVRP is planning to recommend. They are my personal observations after carefully
studying the Mitigated Negative Declaration. As your representative to the CAC I
wanted you to be aware of what I had sent to them.
I'd be please to discuss this with you further should you have any questions.
Mike Behan
NOTE: The following is the original string of e-maiIs starting with my e-mail to
those tasked with studying the Mitigated Negative Declaration. The attached
WORD Doc contains my response to the document itself.
Date: Tue, I May 2007 19:58:42 -0700 (PDT)
From: mibmibiCUyahoo.com>
Subject: CORR CAC Subcommittees - This Friday, April 6
To: Dena & Jack <denajack@cox.net>,jlovewell(@earthlink.net,
15-23'2
05/16/2007
Page 2 of3
"Dr. Mike McCoy" <mccoy4ib@aol.com>,
jcarroll <jcarroll@mcmillinrealty.com>,
Karen Smith <karenvsmith@sbcglobaI.net>, Kevin O'Neill <mkocci@cox.net>,
Mark Kukuchek <mkukuche@nassco.com>, sunnyshy
<sunnyshy@pacbeII.net>,
Wayne Dickey <dickeyl@cox.net>, Gary McCall Gary.McC<lll@HansorLbiz
CC: John Willett <jawillett@cox.net>,
Bill Saumier <BiII.Saumier@sdcounty.ca.gov>,
fherrera -a <fherrera -a@cLchula-vista.ca.us>,
rshifflet <rshifflet@sandiego.gov>
Hi Sub Committee Members,
I'll be out of town for the next week, spending time at and around Yosemite
National Park. That being so, I want to pass my comments along to you
regarding the Mitigated Negative Dec. for the CaRR Event.
I understand that my comments are not naturally along the same lines that some
of you expressed at meetings last week. I want you to know why I see things the
way I do in this regard. The attached comments are based on personal
experiences as a retired Park and Recreation professional with more than 34
years in the field, trying to balance and defme the greater public good versus
negative impacts that special events can bring to a community.
In my last position with the City of San Diego I was responsible for the City's
Regional Parks: Balboa Park, Mission Bay Park, all of San Diego's beaches,
Presidio Park and thousands of acres of undeveloped park land and Open Space.
So. . . please accept them and submit them as part of the sub-comittee/CAC
process.
Mike Behan
Ahhh...imagining that irresistible "new car" smell?
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15-233
05/16/2007
Date: May 1,2007
To: OVRP Citizen Advisory Committee via the Established Sub -committee
From: Michael Behan, Committee Member rep. City of Chula Vista
Subject: Review of the Mitigated Negative Declaration for Championship Off-road
Racing
I've read the Mitigated Negative Declaration document and find myself, for the most part,
in favor of the Championship Off-road Racing event taking place. As a retired Recreation
professional (34 years in the field) I believe that this event is consistent with providing
recreational service to support the greater public good. The event, as stated, is proposed
for four days with a planned attendance of 10,000 each day. Simple math tells me that
approximately 40,000 people will visit the site allowing, what must be considered, one of
the larger recreational opportunities to take place in Chula Vista this calendar year. The
fact that the event is commercial and admission is charged has no bearing on the potential
for the average citizen to enjoy attending. One has only to look a few hundred yards
from this proposed CaRR venue to find Knott's Soak City and the Coor's Amphitheater,
both providing needed and sought out recreational opportunities. I don't find allowing
the CaRR's temporary 4-day event to be onerous and of great impact to the trail users in
the area. The walkers and riders will still have 361 days in the year to enjoy the peace and
solitude that can be found adjacent to a working stone quarry.
The document on page 9 of36, section E. Comoliance with Zoning and Plans states:
"Because the use is temporary and subject to a Conditional Use Permit, a consistency
determination relative to General Plan land use designations is not applicable." This
statement alone seems to render most of the arguments I heard expressed last week at the
Citizen Advisory Committee and Policy Committee moot, especially when one considers
the fact that the proposed venue is on privately held land with high levels of mitigation
proposed.
Protection of the Otay Valley Regional Park's environment from any mistreatment from
outside impacts is of primary concern. At this time, however, there is no empirical data,
no proof, to substantiate any allegations that this specific event will negatively impact
the park's environment or surrounding neighborhoods. Although, minus the data, one
can certainly surmise some of the potentials impact to the area: I) Air Quality, 2) Sound
Pollution 3) Hydrology and Water Quality, 4)Drainage/Toxics, etc. I believe that the
document appears to respond to each of these issues with viable answers on surmised
Issues.
I strongly suggest that before the event is permitted the applicant provide a plan to
document the impacts of the temporary event on the surrounding environment and
community. The plan should include but not be limited to:
. Sound checks measuring db's in the communities on the south rim during the race
event.
. Air quality checks measuring particulate matter during and immediately after each
race.
. Base level samples of the rivers prior to the first race day and immediately following
15-234
the final day of racing for any heavy metal or petroleum based impacts on the water
shed.
Once these tests are completed they should be presented to the City ofChula Vista in a
report that fully discusses the baseline methodology and fmdings prior to and after the
event. Once the impacts are fully vetted, understood, and agreed upon by professionals
in each discipline, a full formal report should be presented to the OVRP Policy
Committee for comment and agreement.
This data should then be included as part of any future application for the use of the
venue for an Off-road Vehicle Racing. The data included in the report will provide
needed information to allow the OVRP Committees to make an educated, fact-based
decision on any future use of the site.
I am concerned with Page 12 of 36, section F. Public Comments section. The fact that
the applicant met the minimum notification responsibility". . . Notice was circulated to
property owners and residents within a 500-foot radius of the proposed project site." is
not enough. Given the potential for disruption of quality oflife (sound mostly) for the
homes/residents located on the south rim ofthe valley, the applicant should have taken,
and should be required to take, the extra steps to notify these residents of the potential
disruption.
15-235
4-?TA C-r--I.-'Vt e.A/T I)'
DRAFT
MINUTES OF THE
PLANNING COMMISSION
OF THE CITY OF CHULA VISTA
6:00 p.m.
May 23, 2007
Council Chambers
276 Fourth Avenue
Chula Vista, CA
ROLL CALL I MOTIONS TO EXCUSE:
Members Present: Felber, Vinson, Moctezuma, Bensoussan, Tripp,
Clayton, Spethman
1. PUBLIC HEARING: PCC 07-63; Consideration of a Conditional Use
Permit for Championship Off-Road Racing
(CORR) June 8-10 and September 28-30, 2007,
Rock Mountain Quarry land adjacent to the Otay
River Valley.
Glenn Laube gave an overview of the environmental component of the proposed
project and Harold Phelps gave a presentation of the proposal as presented in
the staff report.
Commission Comments:
Cmr. Tripp asked if the various environmental protection agencies had reviewed
the proposal, and if so, how long do they have to make their response and how
long do they actually take to put it in writing.
Glen Laube responded that staff met numerous times with The California
Department of Fish and Game, and Fish and Wildlife Agency, but have not
received a formal comment letter from them. They have reviewed the Conditions
of Approval in the CUP that relate to adjacency issues to sensitive lands and are
satisfied with them.
Mr. Laube stated that they've had 3D-days to respond to the Mitigated Negative
Declaration, but staff has been meeting with them since December 2006. The
agency's response is generally received within 30 days, however, in speaking
with Dave Mayer with Fish and Game this morning asking him if they had
submitted comments, he indicated that he thought they had, but didn't know
where their comment letter was.
15-236
Planning Commission Minutes
-2-
May 23, 2007
Cmr. Tripp noted that the MND stated that, "a traffic control plan shall be
developed in order to mitigate those impacts"; does CEQA required the traffic
control plan and other similar plans to be submitted for staff review in advance of
certification of the document?
Mike Shirey, Deputy City Attorney responded that the mitigation measures
would be included in the Mitigation and Monitoring Report. Mr. Shirey stated that
perhaps what Cmr. Tripp was referring to is in the larger context of an EIR where
there's operational impacts, i.e. when the Level Of Service of a street may be
diminished. This isn't the case here; the mitigation actually is to prepare the
traffic control plan, which will mitigate these temporary impact.
Cmr. Spethman stated as a point of clarification that this Conditional Use Permit
is strictly for the two separate weekend events and nothing else. Should any
other event be planned, a new CUP would be considered by the Planning
Commission and City Council.
Staff concurred with Cmr. Spethman's statements.
Cmr. Moctezuma expressed concern with the disturbance to the owls, the water
quality, and hazardous toxic substances. Of more concern to her, however, is
the apparent fast-tracking of the entitlement process and the ability for all of the
mitigation measures to be ready and in place when the event takes place, which
is three days after the City Council will be considering this CUP.
Mr. Laube stated that the monitoring of the Burrowing Owls would be conducted
by qualified professional biologists. Furthermore, the applicant will be required to
provide a Storm Water Pollution Prevention Plan to the satisfaction of the City
Engineer that details how those hazardous material will be contained, provide
secondary containment, and have detailed plans for what to do if there is a spill.
Cmr. Bensoussan questioned whether adequate time was built into this process
to allow staff time to fully respond to all of the queries and comments, i.e. the
comment letter from the County that raises some serious questions.
Mr. Laube responded that staff is comfortable with the responses on the
comments that were received because none of the comments that were received
raised any new issues that were not already previously addressed in the MND
and adequately mitigated.
Rick Rosaler added that this will be the third time that they've been through this
process with the two previous year's events and a total of six races behind us.
Staff believes that there is sufficient precedence and knowledge of how the race
will be conducted and have enough experience to feel comfortable processing it.
Staff recognizes that the processing time appears to have been fast-tracked,
15-237
Planning Commission Minutes
-3-
May 23, 2007
however, all of the timeframes and requirements have been met, and staff has
worked very hard to prepare all of the documentation that was needed for the
Commission's deliberation of the proposal.
Additionally, staff has been meeting regularly with the CORR team, as well as
representatives of our Police, Fire, Traffic and Storm Water City Engineers and
feel comfortable with the document and making a recommendation for approval.
Cmr. Bensoussan questioned whether the site that will be used for parking,
although temporary, could potentially fend off any wildlife that may not come
back.
Mr. Rosaler responded that the parking site is part of Village 3 and, therefore,
slated for development. The sensitive land is the Preserve and a 1 DO-foot
setback from it will be maintained.
Cmr. Vinson asked why the site for this year's event was moved to another
location from the previous two years in the Otay Ranch area.
Harold Phelps responded that the development of Village 2 began almost
immediately after the races last year, so we were certain that the races would not
be held in the same site this year. Within one month after last year's races in
October, discussions began with the CORR team and staff with a proposal to
utilize a site that was going to be further into the Otay River Valley. In a meeting
with the Wildlife Agencies they discouraged the use of that area and encouraged
the use of the rock quarry area because it was already a disturbed and degraded
site.
Cmr. Vinson questioned, aside from the entertainment value, what other benefit
is there to the citizens of Chula Vista to have this race continue.
Mr. Rosaler responded that basically it is for the entertainment value, and
perhaps also exposure to the City because the ABC television network will be
covering the race and broadcasting it throughout the nation. Although we have
no official data, we have been told that all of the hotels and motels are booked for
those weekend, which logically one would assume that restaurant and shopping
patronage increases as well.
Cmr. Vinson questioned the financial impact of providing safety and emergency
services.
Mr. Rosaler responded that CORR is responsible for covering all costs for
overtime for all Police, Fire and Paramedics and there is no financial impact to
the City's General Fund.
15-238
Planning Commission Minutes
-4-
May 23, 2007
Cmr. Tripp stated that the previous years' events were held in the Otay Ranch
Villages that are now being developed. This year's event, however, is being held
in an area that is more sensitive. Cmr. Tripp also noted that the staff report
indicated that the proposed temporary racetrack of this year's event is a pilot or
test run for a future permanent racetrack facility at the Rock Mt. Quarry. He
further indicated that we need a place where these types of events can be held,
however, due to its proximity to sensitive lands, is not convinced that it's a good
fit for that area.
Mr. Rosaler stated that staff took into consideration the fact that the rock quarry
is a disturbed area already and blasts dynamite on a regular basis, therefore,
staff felt that it was the appropriate location compared to other active recreation
locations. Based on the information that is available today, staff is comfortable
recommending that the race be at the rock quarry.
Cmr. Clayton inquired if there were any different comments or concerns raised
by this year's proposed location for the races, compared to the previous years.
Mr. Rosaler stated that the comments and concerns are no different from those
raised in previous years. Most were concerned with the proximity to the preserve
and Wolf Canyon. We had biological monitors out there on a daily basis, and to
the extent that we know, no one got into the preserve from the racetrack.
Cmr. Moctezuma stated that she read much about trash pick up, but did not see
any mention of recycling materials.
Harold Phelps noted that the staff report should have mentioned that a trash
plan has to be approved by our Conservation Coordinator, therefore, there will
certainly be a recycling element to the plan.
Cmr. Bensoussan reiterated her concern with the tight timeline because it gives
the appearance that we are trivializing due process and reducing the public
hearing process. It disturbs her because it makes her feel like it's a foregone
conclusion that there will be a rubber-stamp approval.
Cmr. Tripp asked if staff received any factual information, as required by CEQA,
that would cause you to determine that a Mitigated Negative Declaration is not
appropriate and is it staff's position that the mitigation measures are enforceable
and will be applied to this project.
Mr. Laube responded that staff is confident that all of the mitigation measures are
enforceable. Speaking from experience, Mr. Laube stated that for the first year's
event in 2005, he was the City's mitigation monitor; he was out there every day,
all day and during the time trials. His sole responsibility was to implement the
MMRP; monitoring the traffic control plan; did a daily qualitative assessment of
the air quality, making sure they were watering between each race.
15-239
Planning Commission Minutes
-5-
May 23, 2007
Cmr. Speth man pointed out that he was surprised that no fire pits will be allowed
in the camping area, but there will be a fireworks show; he asked for further
clarification on the rationale behind this.
Harold Phelps stated that it would be a very small fireworks display, not a
fireworks show, at the inception of the races when the national anthem is played.
Cmr. Moctezuma concluded by saying that overall she has a lot of concern on
the timing of this whole process and with the environmental impacts on the
wildlife.
Cmr. Bensoussan stated that there was a lot of material to digest and a lot of
responses to comments that needed to be done that, in her opinion, were not
responded to in an adequate manner. Furthermore, she served 6 years in the
RCC and during that entire time she never remembers the RGG finding any MND
inadequate and only one EIR inadequate, therefore, she takes very seriously the
RCG's recommendation not to approve the CUP based on their assessment that
the MND is inadequate.
Cmr. Felber stated that he is comfortable that the MND addresses and mitigates
the concerns that have been raised, and although he would not support this site
as a permanent racetrack for future events without having a complete data and
wildlife agency buy-off, as well as an EIR, he is not convinced that there would
be substantial cumulative impacts for these two weekend events.
Cmr. Tripp concurred with Cmr. Felbers statement and is of the opinion that for
the two weekend event, the MND adequately addresses the concerns and has
appropriate mitigation measure that staff believes are enforceable. As far as an
economic component playing into the findings for approval, in his opinion, is not
an issue he would be concerned with. He believes there is a need for there to be
a permanent venue in this region for these types of events, and he will withhold
from making any further comment on it until such time that a full environmental
analysis, data and documentation is made available on a proposed permanent
site.
Cmr. Felber stated that having lost the racetrack in EI Cajon, he too would like to
see a permanent venue in the Southbay after adequate analysis and all
regulatory documents have been prepared.
15-240
Planning Commission Minutes
-6-
May 23, 2007
MSC (Speth manIC lay ton) that the Planning Commission approve
Resolution PCC 07-63 recommending adoption of the Mitigated Negative
Declaration and recommending approval of the Conditional Use Permit to
the City Council in accordance with the findings and subject to the
conditions contained in the City Council Resolution with a
recommendation that there be a post-race qualitative analysis of the water
and air quality analysis.
Amendment offered by Cmr. Tripp that staff provide a thorough qualitative report
and analysis of the races' impacts by the end of November 2007.
Amendment accepted by the maker and second of the motion. Motion carried (4-
3).
Ayes:
Nays:
Abstain:
Absent:
Felber, Tripp, Clayton and Spethman
Bensoussan, Moctezuma and Vinson
None
None
15-241
RESOLUTION NO. 2007-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ADOPTING THE MITIGATED
NEGATIVE DECLARATION AND MITIGATION
MONITORING PROGRAM, IS-07-030, AND GRANTING A
CONDITIONAL USE PERMIT, PCC-07-063, TO CONDUCT
OFF-ROAD RACING EVENTS ON A TEMPORARY OFF-
ROAD RACETRACK ON A PORTION OF THE RIMROCK
MOUNTAIN QUARRY, LOCATED OFF OF HERITAGE
ROAD AND ADJACENT TO THE OTAY RIVER VALLEY.
A. RECITALS
1. 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 Rllnrock Quarry
adjacent to the Otay River Valley, including a portion of Otay Ranch Village Three for a
general public parking area, and the western Active Recreation Area within the Otay
River Valley for an overnight camping area ("Project Site"); and
2. Project Applicant
WHEREAS, on April 9, 2007 a duly verified application for a conditional use
permit (PCC-07-063) was filed with the City of Chula Vista Planning Department by
James Baldwin ("Applicant"); and
3. Project Description; Application for Conditional Use Permit
WHEREAS, said Applicant requests permission to conduct off-road racing
events on June 8 - 10 and September 28 - 30, 2007 on said Project Site; and
4. Planning Commission Record of Application
WHEREAS, the Planning Commission held an advertised public hearing on the
project on May 23, 2007 and voted 4 - 3 - 0 - 0 recommending that the City Council
approve the project in accordance with Resolution PCC-07-063; and
WHEREAS, the Planning Commission motion was approved by a majority vote
and the applicant has requested the project come forward for City Council consideration.
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 June 5, 2007; to receive the
15-242
Resolution No.
Page 2
recommendation of the Planning Commission, and to hear public testimony with regard
to the same.
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 May 23, 2007 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-07-030 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-07-030.
D. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council does hereby find that the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program (IS-07-030) 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 of Chula
Vista, and hereby adopts the Mitigated Negative Declaration and Mitigation Monitoring
and Reporting Program (1S-07-030). The Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program (1S-07-030) are available for public review with the
Environmental Review Coordinator in the Planning and Building Department.
E. INDEPENDENT JUDGEMENT OF CITY COUNCIL
The City Council does hereby fmd on the basis of the whole record before it, including
the initial study and comments received for the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program (IS-07-030), that there is no substantial
evidence that the project will have a significant effect on the environment and that the
Mitigated Negative Declaration reflects the lead agency's independent judgment and
analysis. In addition, 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-07-030) in the form presented has been prepared
15-243
Resolution No.
Page 3
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.
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 use at this location is desirable because it will provide a temporary
entertainment outlet and venue that is lacking within the City as evidenced by the
past success of the two other CORR events which were held in the City in 2005
and 2006. In addition, the proposed use at this location is desirable in that the
facilities (racetrack, camping and parking areas) are located a significant distance
away from residential neighborhoods to the south and west and visually obscured
from view to the north and east by the surrounding rock mountain quarry.
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 conditional use permit for the two (2) weekend racing events 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 traffic congestion may occur near the site at the time of the events, the
traffic will be controlled through a Traffic Control Plan approved by the City
Engineer which will mitigate any congestion, and while there will be some noise
occurrences due to racing events, these race-related noise occurrences, even
though not regulated by the noise ordinance, will have mitigation measures
implemented. In addition, noise will be monitored for future reference.
For participants and spectators deciding to attend these racing events, safety
precautions such as concrete barriers and fencing are maximized to ensure the
health, safety or general welfare of persons involved as outlined in the
environmental document and staff reports.
15-244
Resolution No.
Page 4
In addition, the conditions to grant approval of this permit require that a Security
Plan, Safety/Medical Plan, and Traffic Control Plan 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 temporary racing event and related activities are conditionally permitted uses
within the Planned Community (PC) zone. In addition, the conditional use permit
provisions for a racetrack as listed in the unclassified uses section of the Zoning
Code (19.54.020J-7) requires that all conditions be adhered to as determined by
the City Council in its approval of the use permit.
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 two (2) racing events proposed in the Conditional Use Permit are
only being permitted as a temporary event, the granting of this permit will not
require amendments to the Chula Vista General Plan, or the Otay Ranch General
Development Plan, and as such does not affect the future long-range planning of
land uses for the project site.
G. TERMS OF GRANT OF PERMIT
The City Council hereby grants Conditional Use Permit PCC-07-063 subject to the
following conditions whereby the Applicant shall:
1. Develop the project site as shown on the racetrack site plan map submitted for review
on April 9, 2007. Any revisions to this site plan required for compliance with the
conditions of approval shall be approved by the Director of Planning and Building
and Environmental Review Coordinator prior to the first racing event.
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-07-030) and Mitigation
Monitoring and Reporting Program in accordance with the requirements, provisions
and schedules contained therein. Modification of the sequence of mitigation shall be
at the discretion of the Director of Planning and Building and Environmental Review
Coordinator.
3. Race events can only occur on June 8 - 10 and September 28 - 30, 2007, unless
postponed due to a rain event. Race related events can only occur from 7 a.m. to 7
p.m. on those dates. Practice runs may only be held on the Fridays before the
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weekend racing events from 10 a.m. to 4 p.m.
4. Prior to the first race event, the Applicant shall submit a Security Plan to the Police
Department which shall show detailed guidelines for controlling the use and access to
the racetrack, parking and camping areas. The Police Chief prior to the first racing
event weekend must approve the Security Plan.
5. The campsite areas shall be lighted as necessary for safety, and prohibitions will be
enforced against the creation of open fire pits, the use of All-Terrain Vehicles
(ATV's) and all other similar motorized vehicles, the use of personal fireworks, and
the inclusion of domestic pets. The campsite shall be subject to a curfew between the
hours of 11 :00 p.m. and 7:00 a.m.
6. The Applicant shall provide security staff as well as fund two on-duty Police Officers
to control activities in the campsite areas from the end of the last race to 7 a.m. the
following day, or as determined by the Police Chief.
7. The Applicant shall provide a septic truck available to campsite users free of charge
on everyday that camping is allowed, to prevent the illegal dumping of wastewater or
the discharge of raw sewage onto areas that may lead to drainage systems, or within
the solid waste and recycling receptacles anywhere on-site by the campers and
recreational vehicles utilizing the campsite.
8. Failure of any camper to abide by the conditions set forth in this permit shall be cause
for immediate revocation of the permit. This condition shall apply even if the failure
occurs during the first night of camping. Use of the campsite area is contingent upon
each camper successfully complying with the conditions of this permit.
9. The Applicant shall maintain the access roads, the racetrack and other transition areas
continuously during race events. The access roads, racetrack and other transition
areas shall be watered as needed to minimize fugitive dust.
10. All parking lots on agricultural land shall be mowed such that roots of the vegetation
remain intact in order to provide soil stabilization. In addition, the Applicant shall
utilize Best Management Practices (BMPs) to control erosion and sediment transport
and to contain hazardous material storage. The Applicant shall also provide
hazardous material storage which shall include the use ofBMPs.
II. The Applicant's on-site parking fee collections shall occur at the very end of the
access roads off of Energy Way, adjacent to the parking areas, to prevent the queuing
of vehicles onto City streets. No queuing of vehicles shall be permitted on City
streets and the Traffic Control Plan shall show that patrons will be required to
circulate further into the parking area beyond the access road collection point until
traffic on-site can accommodate all vehicles arriving.
12. The storage of hazardous materials/waste in the racing pit and restroom areas shall be
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lined with an impervious material to prevent spills and potential leakage of
automobile fluids and other materials into the ground or any waterways. In addition,
any storage, handling or disposal of hazardous materials/waste will be in accordance
with local, state and federal laws. The Applicant shall obtain a hazardous materials
permit and inspection from the Fire Department prior to the first weekend's racing
events.
13. Concerts and live entertainment is only allowed before; during, and inunediately after
each racing event occurs in association with the racing event weekends, between 9:30
a.m. and 7:00 p.m.
14. Public use of the racetrack will not be permitted after the final racing event of racing
event day. Use or access to the racetrack will limited to race participants,
crewmembers, and security staff, and the access points to the racetrack site will be
closed and/or secured by fencing after racing event activities end each race day.
15. In the event of heavy rain, where there is significant surface runoff all race events will
immediately cease.
16. Race participant team trucks may arrive no sooner than the Wednesday before the
race events. Race participant crews, equipment, and race vehicles may remain onsite
for the duration of the weekend race event.
17. Seven days prior to the first race event, the Applicant shall submit a Traffic Control
Plan to be approved by the City. The Traffic Control Plan shall address traffic control
at event access areas and shall include a parking plan and a traffic-signing plan
including the location of changeable message boards. Businesses operating on
Nirvana and Energy Way will be notified at least 7 days in advance of each event
regarding the use of these public roads for routing general public parking along their
frontages to the parking areas. The City Police and Engineering Departments shall
approve the Traffic Control Plan, respectively, prior to the start of the race events.
18. The Applicant shall clean and pick-up trash in the pit area, spectator stands,
food/beverage area and parking lots on a continuous and as needed basis throughout
the race events to prevent trash and debris from leaving the site.
19. Post-event, the Applicant shall clean up all trash and debris generated by the proposed
project and remove all trash and debris from the site and properly dispose of it. The
Applicant shall properly dispose of any containers with hazardous materials/waste in
accordance with local, state and federal laws. The Applicant shall stabilize disturbed
areas of parking and camping to prevent or reduce soil runoff to the satisfaction of the
City Engineer.
20. During the time between racing weekends, the safety/security plan prepared for the
project will require that the general public parking access point from Energy Way be
closed. All temporary structures such as light poles, grandstand bleachers, canopies,
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portable restroom facilities, and power generators may remain on the racetrack site
after the first racing event weekend if secured, or shall otherwise be disassembled and
relocated or removed from the site.
21. Temporary lighting will be limited to the pit area, overnight camping and vendor
staging areas. The track shall not be lighted. The lighting for these areas shall be
directed downward, and away from the Preserve.
22. A building permit will be required. Plans must comply with 2001 ADA, 2001 CBC,
and 2004 CEC requirements for temporary power poles, power supply generators,
and temporary seating grandstands and canopies. Structural calculations are required
for the bleachers. The applicant shall provide a manufacturer's certification letter of
approval for the bleacher installation, and provide portable seating system details.
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.
23. San Diego Gas and Electric has an overhead electric transmission line running along
the dirt access road to the camping site, and requests that measures be taken to control
dust on the road, such as restricting speed and keeping the road dampened. The road
should be left in as good as, if not better condition than it is presently.
24. The Applicant shall implement all Best Management Practices (BMPs) proposed in
the submitted Storm Water Pollution Prevention Plan (SWPPP) and its addendum
before, during, and after each race event. It is required that a person nominated by
the Applicant be in charge of conducting inspections and maintaining BMPs before,
during, and after the race events. The name and contact number of the designated
person shall be provided to the Storm Water Management Section.
25. It is required that the existing desilting basins remain operational and accessible at all
times. Storm runoff shall be directed to those desilting basins before leaving the site.
The de silting basins shall be maintained and cleaned by the Applicant as necessary to
the satisfaction of the City Engineer.
26. Prior to the start of any racing event, including participant, crew and spectator arrival,
the Applicant shall install barriers or fences within the race area, camping and parking
areas to prevent race spectators from entering environmentally sensitive areas
adjacent to the site.
27. Prior to the first race event, the Applicant shall submit a plan showing the final
grading of the site and drainage patterns to demonstrate that all runoff leaving the
project site passes through the two (2) existing onsite desilting basins.
28. Prior to the first race event, the Applicant shall hydro seed or install a bonded fiber
matrix along the existing berm located along the southern boundary of the rock
quarry.
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29. Prior to the first race event, the Applicant shall obtain coverage under the NPDES
General Construction Permit that includes the dirt access road leading to the proposed
campsite on the south side of the Otay River. A copy of the receipt of the Notice of
Intent (N0l) shall be submitted to the Storm Water Management Section. The
SWPPP for the site shall be amended to include BMPs for the access road.
30. Prior to the first race event, the Applicant shall submit site plans showing and
identifying all existing sewer lines, water lines, and all easements located within the
project boundary properties.
31. The applicant shall maintain roadway access for San Diego Gas and Electric, the City
of Chula Vista, the City of San Diego, Otay River (SR-125) Construction, and all
other local, state, and federal governmental agencies that need access to sewer lines,
the water lines/aqueduct, toll way construction etc., in order to fulfill functions that
occur as part of business and governmental operations within the affected properties.
32. Prior to the first race event, the Applicant shall apply for a construction permit to
perform work within the public right-of- way to remove and replace the curb, gutter
and sidewalk located at the cul-de-sac terminus of Energy Way that will provide
access to the general public parking area. The driveway shall be replaced with a
Chula Vista Standard driveway CVCS-IA. All businesses located along the frontage
of Energy Way and Nirvana Avenue shall be notified regarding use of these roads for
racing event traffic routing. In addition, if there is any proposal for limiting parking
by posting "No Parking" signs on Energy Way and Nirvana Avenue during the racing
events it shall be included for review in the Traffic Control Plan.
33. Prior to the first race event, the Applicant shall acknowledge in writing that the Chula
Vista Fire Department conditions of approval as stated herein are specific only to the
2007 race season.
34. Prior to the first race event, the Applicant shall prepare an Emergency Medical and
Safety Plan to be approved by the .Chula Vista Fire Chief. The plan shall detail,
among other items, emergency access routes, type of emergency vehicles required to
adequately serve the project, alternative access routes to be employed in the event of
rain or damp conditions, the variety of emergency medical services that can be
provided by the contract emergency medical company, chain of cornmunication
between event sponsor and medical staff, number of ambulances present onsite and
the number of uniformed Chula Vista Fire Department staff needed onsite. A fully
staffed Fire Department engine company and Battalion Chief will be onsite during all
race events.
35. The Applicant shall provide approved fire and emergency access from Energy Way to
the parking areas and provide approved emergency access within fenced areas. All
access ways shall be no less than twenty feet wide. The Applicant shall provide
approved fire lanes through vendors, pits, parking and camping areas. The Applicant
shall provide two points of access to the racetrack.
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36. Prior to the first race event, the Applicant shall provide plans showing location of
parked fuel truck in relationship to entire event. This truck shall be down wind of the
entire event. The Applicant shall purchase a permit for hazardous materials and
submit manifest. The applicant shall provide 20-ft. wide access to fuel truck. The
Applicant shall provide 25-ft. minimum from generators, 50-ft. from combustibles
(tents) and post "No Smoking" signage. The Applicant shall provide that all drums
shall be bonded in an approved manner. The Applicant shall provide NFPA 704
signage, and any dispensing shall be provided with an approved means of secondary
containment. The Applicant shall provide at least a 2A40BC fire extinguisher, and
this requirement shall apply to all fuel trucks even if only delivering fuel.
37. The project applicant shall submit plans for generators and generator schedules for all
generator users such as race teams, food vendors, and carnival areas. For the
children's carnival area, ensure that the generator is grounded and fenced off and
apply for an additional generator/hazardous material permit. Ensure that all
generators are grounded and fenced off. Apply for an additional hazardous materials
permit for all generators. Provide a fire extinguisher on site. Submit plans and apply
for a fireworks permit prior to event. The use of fueworks shall be limited to daylight
hours and shall be limited to use only at the beginning of each racing event.
38. Prior to the first race event, the Applicant shall submit plans and apply for all
necessary permits from the Fire Department for all tents/canopies.
39. Prior to the first race event, the Applicant shall submit a letter of indemnification for
semi truck / race trailers to the Fire Marshal.
40. The project applicant shall submit plans for the placement of grandstands to the Fire
Department and the City of Chula Vista Building Department. The applicant shall
provide aisle ways/exit paths to the satisfaction of the Fire Marshall and all exit paths
shall remain clear of all. items. The applicant shall provide clear fire access and fire
lanes. The applicant shall post "No Smoking" signage in all pit areas. The applicant
shall obtain permit for the pit areas for the storage area of hazardous materials prior to
the first racing events.
41. The Applicant shall provide the Fire Department access to all of the camping areas.
No campfires are allowed or any open burning or the creation of open fire pits. The
Applicant shall provide that all fenced areas have an approved number of emergency
exits to the satisfaction of the Fire Chief. The Applicant shall provide that all access
roads to any of the camping areas shall be no less than twenty feet wide, with a 6
percent maximum grade with a fire and emergency vehicle turnaround.
42. The Applicant shall provide signs at all of the entrances to the racing event indicating
the following: California Vehicle Code (CVC) 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
15-250
Resolution No.
Page 10
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.
43. Prior to the first race event, the Applicant 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.
44. The project applicant 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 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.
45. The Applicant shall furnish the Chula Vista Police Department, Fire Department,
American Medical Response, and CORR management team a means for two-way
radio communication during the hours of operation.
46. The Applicant shall provide a minimum 20-ft. wide parking aisle to every parking
space area, all parking aisles shall serve a maximum double-loaded row of vehicles.
Tandem parking is prohibited.
47. The project applicant shall provide an Emergency Medical Plan for review and
approval by the Fire Chief prior to the commencement of the first racing event. In
addition, the Applicant shall obtain an approved "stand by" agreement for Fire
Department personnel from the Fire Department.
48. The Applicant shall provide proof of liability insurance coverage naming the City of
Chula Vista as an additionally insured party, including the Additional Insured
Endorsement, in the amount of $10 million. The liability insurance policy and the
Additional Insured Endorsement shall be reviewed and approved by the Risk
Management Department two weeks prior to the event.
49. The Applicant shall minimize noise impacts adjacent to the preserve. As noted on the
plans, berms and/or walls will be constructed adjacent to uses that introduce noise
that could impact or interfere with wildlife. The Applicant shall construct a noise
attenuation barrier along the backs of all grandstands adjacent to the preserve to the
satisfaction of the City's Environmental Review Coordinator and Director of
Planning and Building.
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50. The Applicant shall provide acoustical monitoring at the edge of, and within,
sensitive habitat areas including designated MSCP Preserve areas, to the satisfaction
of the Environmental Review Coordinator throughout all pre-race events and the race
event weekend. Monitoring locations shall be reviewed, and approved by the City's
biological consultant prior to the commencement of any race related activity. Upon
completion of the acoustical monitoring, a summary report shall be provided to City
staff. In addition, the Applicant shall provide qualitative air and water quality
monitoring at the edge of, and within, sensitive habitat areas including designated
MSCP Preserve areas, to the satisfaction of the Planning Commission's
recommendation request for such monitoring in response to the request made by the
Otay Valley Regional Park Committees.
51. The Applicant shall provide biological monitoring within sensitive habitat areas
including designated MSCP Preserve areas to the satisfaction of the Environmental
Review Coordinator throughout the race event weekend to ensure implementation of
appropriate resource protection measures. Monitoring shall include, but is not limited
to, the following: changes in sensitive species behavior (most notably coastal
California gnatcatchers and least Bell's vireo), intrusions into the MSCP Preserve,
visible trampling of natural vegetation adjacent to the project footprint, and edge
effects at the border of the MSCP preserve and adjacent to the project footprint.
Monitoring locations shall focus on adjacent Preserve areas, the locations of which
shall be reviewed and approved by the City's biological consultant prior to the
commencement of any race related activities. Upon completion of the biological
monitoring, a report summarizing the general baseline biological conditions (i.e., pre-
race conditions), the observed effects of race related activities on biological
resources, and the applicant's conformance to the City's adjacency management
guidelines shall be provided to City staff.
52. The project applicant shall provide prominently colored, structurally solid fencing
wherever race related operations, including access roads, parking areas, camping
areas, and track are adjacent to sensitive vegetation communities and/or other
biological resources, as identified by a qualified monitoring biologist. Fences will
provide a minimum of a 100-foot buffer between the project area and the Preserve.
53. The applicant shall provide signage to be installed approximately every ISO-ft. on all
fences bordering the preserve edges indicating that sensitive habitat is located nearby
and that aces is strictly prohibited.
54. The use of the existing Otay River access road (Parking and Camping Areas to Track
Area) and existing Wolf Canyon access road during the race weekend(s) by
pedestrians shall be prohibited. On-site security staff shall direct race patrons to the
appropriate shuttle pick-up/drop-off locations. Enforcement of this condition shall be
detailed in the project applicant's security plan which shall be reviewed and approved
by the City's Environmental Review Coordinator prior to the commencement of any
race related activities.
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55. The lighting of all developed areas adjacent to the preserve shall be shielded and
directed away from the preserve in compliance with the Chula Vista MSCP Subarea
Plan, but consistent with public safety. Prior to the commencement of any race
related activities, a lighting plan and photometric analysis shall be submitted to the
City's Environmental Review Coordinator for review and approval. The lighting plan
shall illustrate the location of the proposed lighting standards and type of shielding
measures. Low-pressure sodium lighting shall be used if feasible and shall be subject
to the approval of the City's Environmental Review Coordinator.
56. The parking and camping stalls shall be sited a minimum of 100 feet away from the
Preserve edge and/or any identified areas containing sensitive biological and
archeological resources. Parking and camping stalls shall be sited under the direction
of a qualified biologist and archeologist.
57. Prior to the first racing event the Applicant shall prepare a Security plan to be
approved by the Chula Vista Police Chief and the City's Environmental Review
Coordinator. The Security plan shall detail, among other items, the number of
security personnel provided, general distribution of security throughout the race event
including preserve areas, and number of uniformed Chula Vista police staff required.
In order to maintain the biological integrity of the adjacent preserve areas, the
security plan shall further describe all activities that are prohibited within or adjacent
to Preserve areas as well as address how violations are to be processed. Prohibited
activities include, but are not limited to, use of illegal fireworks, campfires, use of
personal ATV's within the project area including camping and parking areas,
encroachment into designated Preserve areas and/or sensitive habitat areas, and
pedestrian use of the Otay River and Wolf Canyon shuttle routes.
58. The Applicant shall enforce the following rules in the camping area, such as an 11
p.m. curfew on noise disturbance (e.g., no loud speaking equipment or stereos will be
allowed), proper disposal of all trash, a prohibition on leaving the campground and
intruding into the adjacent Preserve areas, and a prohibition on the personal use of
fireworks. The Applicant shall provide campers a leaflet explaining the biological
sensitivity of the surrounding areas as well as the campground rules, including the
rule that campers will be only be able to access the racetrack via a shuttle bus.
59. This permit shall be subject to any and all new, modified or deleted conditions
imposed after approval of this permit to advance a legitimate govemmental 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.
60. The Applicant 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,
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directly or indirectly, from (a) City's approval and issuance of this Conditional Use
Permit (PCC-07-063) and the Final Mitigated Negative Declaration for this
Conditional Use Permit allowing for a Temporary Championship Off-Road Race (IS-
07-030) 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.
H. GOVERNMENT CODE SECTION 66020 NOTICE
Pursuant to Government Code Section 66020(1), NOTICE IS HEREBY GIVEN that the
90 day period to protest the imposition of any impact fee, dedication, reservation, or other
exaction described in this resolution begins on the effective date of this resolution and
any such protest must be in a manner that complies with Section 66020 (a) and failure to
follow timely this procedure will bar any subsequent legal action to attack, review, set
aside, void or annul imposition. The right to protest the fees, dedications, reservations, or
other exactions does not apply to planning, zoning, grading, or other exactions, which
have been given notice similar to this, nor does it revive challenges to any fees for which
the Statute of Limitations has previously expired.
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Page 14
I. 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 and known as document No.
Signature of James Baldwin
Applicant/Property Owner
Date
Signature of Applicant's Event Representative
From Championship Off-Road Racing (CORR)
Date
J. 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 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
Jim Sandoval
Planning and Building Director
15-255
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The Corky McMillin Comp,
Realty. Mortgage. Land Development. Homes. COt
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June 5, 2007
Mayor Cox and Members ofthc City Council
City ofChula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mayor Cox and members of the City Council,
We ofTer our support for issuing the conditional use permit (CUP) for the CORR Off
Road Racing Championships as requested by Mr. Jim Baldwin. As long standing
members of the business community and active in South County for nearly 50 years, our
company supports this event for its regional exposure and economic impact it will bring
to the City ofChula Vista. The previous CORR event offered a great source offamily
entertainment and also brought a premiere event to Chula Vista.
The Corky McMillin Companies and the McMillin family hope that you will support this
CUP as the CORR experience is an economic opportunity for the City ofChula Vista.
These events can draw more than an average of 10,000 visitors per day, each taking the
opportunity to shop and dine in Chula Vista. Many will choose to stay in local hotels as
well.
Again, we urge your support for this event and the issuing of a CUP for the event to take
place. We see this opportunity as one that will further enhance the visibility of our region
and expand the economic growth in the region as well.
:06
Mark McMillin
Co-chairman & CEO
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Scott McMillin
Co-chairman & CEO
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McMillin Realty
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M(Mi1lin Mortgage
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McMillin land Development
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Md\1illin Homes
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McMillin Commercial
Mailing Address: I~O. Box H5104 . San Diego, CA 92186-5104
2750 Womble Road . San Diego, CA 92106
TEL(619)477-4117 . FAX (619) B6-3119
www.mcmilhn.com