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HomeMy WebLinkAbout2007/06/05 Item 15 ITEM TITLE: SUBMITTED BY: REVIEWED BY: 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. 15-1 Page 2, Item: ,6 Meeting Date: OIiIO~/07 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 15-2 \r Page 3, Item: ,':J Meeting Date: Ofi/O~/07 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. 15-3 Page 4, Item: IS Meeting Date: Oh/O~/07 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. 15-4 Page 5, Item: 10 Meeting Date: OIi/O<;!07 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 15-5 Page 6, Item: 6 Meeting Date: Ofi/O~/07 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 15-6 Page 7, Item: IS Meeting Date: OI'i/O~/07 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. 15-7 ,- Page 8, Item: \"", Meeting Date: Oh/O~/07 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 15-8 Page 9, Item: IS Meeting Date: Ofi/O~/07 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. 15-9 Page 10, Item: IS Meeting Date: Oh/O~/07 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. H~7;:lrc1onc;: M:.:Iteri:.:llc;:/~()licl W;::Ic;:fe: 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 15-10 Page II, Item: -1S..- Meeting Date: OIi/O~/07 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. 15-11 Page 12, Item: J5..- Meeting Date: OIl/O'i/07. 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 15-12 Page 13, Item:-15-- Meeting Date: 0/)/0';/07 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? -n- . - 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 Orange County T'<-.".) i!l ,f" \) Riverside County FaUbrook Camp Pendleton J') DelMar La Jolla Alpine San Diego () Imperial Beach o 4 . Miles 8 Championship Off-Road Race MND I FIGURE I Regional Map 1 15-29 ~-- '~ ; ~,,-"'/\ :'!"I "'- . """'~'r:- 7 V. -.i';>-;ft.'~;":.~~ _r . " \...;.,,,"-,.~:: -t~. I ,~:1< !\....'_..:$,'-::,-~..iO "", ("<~:. _'fj.(<; I ;\'. -/.c"'- C,C"o, ,- - ,::';"!. 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" - ;. ~'--- IJ (t"'-{f (, /:>__ ~:--=:::o ~. Feet BASE MAP SOURCE:-USGS 7.5 Minute Series. Imperial Baach &.Otay Mesa.Quadrangles 2.000 "../:1. '...-.j , _0;"; ;.;.. "\J1'l\^ "J:.: -":"'-'. -r '/ " ~~.I; -I' l ;." "I " 'I t''.,., f',. " '\ ; '. ~-.~ . i,:', .-._--~<.~ r C I . , , =--""IL;....J.: \ -----"-~..-- i " I , ".:.- .:l ~ ,..~ '.~ ." , :<-.::., :.-, ~1'~![O~ ,', ,;- ( '.. '/1 ,;'i '.;.' r .. '." -'"'1--' Championship Off.Road Race MND I FIG~RE I Vicinity Map 15-30 I~ M I Cl c Z.!2 :::!!... 11 .. .. l!l "'.... ...~ ~ ~ Cll- ,a- 8 ~& " 'tal .. III O! .. Cl. 15 31 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 ~ i~1 B I .><.. e c: '; :ll 1;1 12 "'1:1. ~a. 0;<.) >CI) .~ :::E '" ..c >,..... .5 i c .0 .;:l '" .9 -"C ~ J 'i :II e 1:1. 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 15-40 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 15-41 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 15-42 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 15-43 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 I~ U1 , Or::::" ~g 81'01 &1.- "" .. .. ... &< ~-t .s- '! ~e. .S! ... ~... .J!:E U ell ... ~ '" co ell & c;; .. '6> co "2i iii ~ . ~ . .. ~ ~ " .. ~ 4 < ~ . . '. . , . ~ < 4 ,Q l,J e ! IIJ II .c: l,I Il: III ieii!.a B ~ :. ii I t ; It i! 1 E 1/1 ~i~i~l ~~~~C:i 1I ~ ; ~ ; E E :& Ii Ii IIJ ... 4 < u o 4 . < . u .. o u . u ~ . . 0 o . ii .! i i ~ . ~ ~ . . f f a a . . Q ii II II E o 0 - o 0 ~ ~ rJ . o ; ~ . . 4 o . . . . 4 < U ~ ; . u u "; '; . . ~ lJJ (ll 'i " " . 'E E = ~ :! .3 ~ ~ . < ~ . ~ o ~ . . . o . o o o 1 . ~ ~ . f ~ . is ~ . .. o .. > . o " % o ;; w o f 1 ; '; u ! 1 0 . ~ ! . ; .. . ~ . . . ,_, z .. ~ . . . ~ ~ ~ o c . , " ,[' <30< o 46 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 15-49 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 15-50 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 15-51 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 E '" ~ OJ e a. 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In "0 .. a: lwm!t~o.5hU.S ~ Q E e a~.g 5 a~ Q. ..... o c; !::' ... r-' '" 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 ;0' ,( -V'<!"'-\ ~..-> V,J." ",e"t",,~'\~ ~ t) ., / <>.:"< '? t-lc~ ./ A , .._',-, 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 ---=....~..."..=.~-=--.................--~._--~--_._-- -, Ii! I I " i i I I i i , I i , I I I I I I i , , I I I I I I ! i I [ 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 B~ B-\ ~-L. I I II I, Ii II i! il i " I I , I i I ! I I , , I I i I ! I I ! i I , I i I I , I , Ii 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 .; , , i i I I , , I , I i i I 1 , i I I , I i , I I I , I , I ,I I i I :1 i) !I ii " il Ii il :1 " :1 I I :1 " il Ii I , I I I I i I I i I , I i I i 1 , I I 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 I .1 I I I I I I II , , I i I i , , .1 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~ i i .'1 '1 , i , I ! Sincerely, f~/f Pf/l I /16mda 1. f!ri~gs . ...."... ConservatIon Chm Sierra Club, San Diego Chapter i I i i I I I i i i I I I I I I i I I I I I I I I I I I I! I i i I I I I , I i I I I I i ! , i I , I I I I I i i i i i I I 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 No virus found in this incoming message. Checked by AVO Free Edition. Version: 7.5.467/ Virus Database: 269.6.6/794 - Release Date: 5/812007 2:23 PM No virus found in this outgoing message. Checked by AVO Free Edition. Version: 7.5.467/ Virus Database: 269.6.6/794 - Release Date: 5/8/20072:23 PM No virus found in this outgoing message. Checked by AVO Free Edition. 05/1712007 15-106 Page 3 of3 Version: 7.5.467/ Virus Database: 269.6.6/794 - Release Date: 5/8/20072:23 PM No virus found in this outgoing message. Checked by AVO Free Edition. Version: 7.5.467/ Virus Database: 269.6.6/794 - Release Date: 5/8/20072:23 PM 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 lJ) \ I &-t P"2- D"~ \),~ 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 t>-~ D-S 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 ., , t1, 0 ~ .' ,-.- , ([[ount~ of ~U1t ~i.eBo E 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 ta ..... . W1l.DUnO ~ --" 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 15-129 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 15-130 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. 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(,) :s: -5 O~-o~uuS~~ocro~-o~_ooc _ ... <l.I'- S.- u s::: !;:: .- 00'" C '" ~~ia~u~-o~'-~"E<l)~ro>-c~ -< Cii fr ~ 'iii :.:::: J:l :.2 B ~ g ~ ~ l2 ~ ~ .::; r->l=::..8 o~~;;.uu:UvCLl<l.l5;;> a:; 0- "'::s:::= ou"c..."O=o~t::<I'J o o.~ B ~ ~ ~ 8 ~ t-".a'~ ~ ~ E ~ ~ ;; g.:::: ~ '50.0 "0';;: <I'J si. ~ c..~~ ou.2 g. z 0 ~.s c: V oj) ~ tl ro.S! ou >...... ~ OJ) OJ) <:<I'J~~~.s...'~~"~o"~a~.sc: ~ 0 r::: "'0 >.._ 0. ou .... "0 >":;:.0:::3 ..;.:: ~ ~'cro'3~o'C~oroo......~]~ro I:'""" c... Q.. t:lOU .5 ti '0 E := c.. ~ <2 ou ~ a.. c.. ,-.: N 15-154 c- o 23 c: .". 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-~ I I 'A-4 \I. /'... .,\ 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 &- \ ~-'l. ,~ ~ J!; -~i ji II Ii I I , , i I I i j I I Ii II II iI II I .! , i , , I , , I i I I , i I , Ii 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 i I I , I j , '! j il il II I' I' I ! i I \, ! I ; ! i ., -i :1 ~l II I. I 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 I I [ I , I I I .1 ; "j I ,I , I 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.,) , ,1 :1 Sincerely, (J;jJf! Sierra Club, San Diego Chapter 11 Ii Ij " !i " II " ., i i I I , II II Ii II I' II ,I Ii 'I i I , II II H " , I I I I I ! ; I , , I I I , ! 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 No virus found in this incoming message. Checked hy AVO Free Edition. Version: 7.5.467 / Virus Database: 269.6.6/794 - Release Date: 5/8120072:23 PM No virus found in this outgoing message. Checked by AVO Free Edition. Version: 7.5.467/ Virus Database: 269.6.6/794 - Release Date: 5/8/20072:23 PM No virus found in this outgoing message. Checked by AVO Free Edition. 15-184 Page 3 of 3 Version: 7.5.467/ Virus Database: 269.6.6/794 - Release Date: 5/8/20072:23 PM No virus found in this outgoing message. Checked by A VG Free Edition. Version: 7.5.467 / Virus Database: 269.6.6/794 - Release Date: 5/8/2007 2:23 PM 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 Pi I 0"2- o..~ \).~ 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 t>-~ D-S 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 15-189 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. Page 3 of 13 15-190 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 15-191 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. 15-192 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). 15-193 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. 15-195 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. 15-196 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 Page 10 of13 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. Page 11 of 13 15-198 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 Page 12 of 13 15-199 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 15-200 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 15-201 DRAFT 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 15-202 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 15-203 DRAFT RCC Minutes - 4- 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 DRAFT 15-204 DRAFT RCC Minutes - 5 - May 7. 2007 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 DRAFT 15-205 DRAFT RGG Minutes -6- Mav 7. 2007 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? DRAFT 15-206 DRAFT Ree Minutes - 7 - Mav 7, 2007 . 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. DRAFT 15-207 DRAFT Ree Minutes - 8 - Mav 7.2007 . 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. DRAFT 15-208 DRAFT RCC Minutes - 9 - May 7, 2007 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: DRAFT 15-209 DRAFT Ree Minutes - 10 - Mav 7. 2007 Linda Bond Recording Secretary (J:\Planning\RCC\2006\RCC050707Mins) DRAFT 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) 15-217 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. Version: 7.5.467/ Virus Database: 269.6.5/793 - Release Date: 5/7/20072:55 PM 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? Check out new cars at Yahoo! Autos. ored stitf? Loosen up... )ow!lIQadangpl<lyJHmdreds_Q[~8J}le~fo.rJJ_~e on Yahoo! Games. I\hhh...imagining that irresistible "new car" smell? theck out new cars at Yahoo! Autos. r;ucker,punch spam with award-winning protection. "'ry the free Yahoo! Mail Beta. It's here! Your new message! 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 15-245 Resolution No. Page 5 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 15-246 Resolution No. Page 6 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, 15-247 Resolution No. Page 7 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. 15-248 Resolution No. Page 8 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. 15-249 Resolution No. Page 9 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. 15-251 Resolution No. Page II 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. 15-252 Resolution No. Page 12 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, 15-253 Resolution No. Page 13 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. 15-254 Resolution No. 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 .\\ The Corky McMillin Comp, Realty. Mortgage. Land Development. Homes. COt ~\ ~r-'-- r J c9""Sb\ \ ..ft.. T \-0"'- \ S -- 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 s:.~ /' Scott McMillin Co-chairman & CEO ..\\ McMillin Realty ..\\. M(Mi1lin Mortgage ..\\. McMillin land Development ..\\. Md\1illin Homes ..\\. 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