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HomeMy WebLinkAboutReso 2007-140 RESOLUTION NO. 2007-140 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 ROCK MOUNTAIN QUARRY, LOCATED OFF OF HERITAGE ROAD AND ADJACENT TO THE OTAY RIVER VALLEY- JAMES BALDWIN, OWNER OF CHAMPIONSHIP OFF-ROAD RACING (CORR) A. RECITALS I. Project Site WHEREAS, the parcels which are the subject matter of this resolution are represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description are located on a portion of the Rimrock 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/deny 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; and Resolution No. 2007-140 Page 2 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 recommendation of the Planning Commission, and to hear public testimony with regard to the same. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista 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 ChuJa Vista, and hereby adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-07-030). The Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-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 find 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 Resolution No. 2007-140 Page 3 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 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. 1. 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 in that the facilities (racetrack, camping and parking areas) 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 a 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, and while there will be some noise annoyances due to racing events, these race-related noise annoyances are not regulated by the noise ordinance; however, this 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. 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. Resolution No. 2007-140 Page 4 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 will be conditions to comply with all Municipal Code regulations. 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 certain condition to 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 could occur from 7 a.m. to 7 p.m. on those dates. Practice runs may only be held on the Fridays before the weekend racing events from 10 a.m. to 4 p.m. 4. The Security Plan to be provided to the Police Department will provide detailed guidelines for the 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. Resolution No. 2007-140 Page 5 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 (A TV'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 II :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. As there are no provision for sanitary sewer connections on the site, the campsite area shall have 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 ofthe campers 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 to discontinue the campsite use for the remainder of a race event weekend. Use of the campsite area is contingent upon each night of camping successfully complying with the conditions of this permit. 9. The project 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 installation of Best Management Practices (BMPs) to control erosion and sediment transport and to contain hazardous material storage areas shall be provided. II. 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 will require patrons to circulate further into the parking area beyond the access road collection point until traffic on-site can accommodate all vehicles amvmg. 12. The storage of hazardous materials/waste in the racing pit and restroom areas shall 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. A hazardous materials permit and inspection shall be obtained from the Fire Department prior to the first weekend's racing events. Resolution No. 2007-140 Page 6 13. Concerts and live entertainment is only allowed before; during, and immediately 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 ofracing 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 and the safety of race participants is in jeopardy, all race events will 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 ofthe race events. 18. General clean up and trash pick-up of the pit area, spectator stands, foodlbeverage area and parking lots shall occur on a continuous and as needed basis throughout the race events to prevent trash and debris from leaving the site. 19. Post-event activities will consist of site clean up. All trash and debris generated by the proposed project will be removed. Any containers with hazardous materials/waste will be properly disposed of in accordance with local, state and federal laws. Disturbed areas of the parking and camping areas shall be stabilized to prevent or reduce soil runoff. 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, 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. ~___-----J Resolution No. 2007-]40 Page 7 22. A building permit will be required. Plans must comply with 200] ADA, 200] 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 project 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 desilting basins shall be maintained and cleaned by the applicant as necessary. 26. Barriers or fences shall be placed to prevent race spectators from entering environmentally sensitive areas adjacent to the race area as well as camping and parking areas. 27. The existing site has two desilting basins along the south side of the quarry property. Prior to the first race event, the applicant is required to submit a plan showing the final grading of the site and drainage patterns to demonstrate that all runoff leaving the project site pass through the desilting basins. 28. Within the Reclamation Plan boundary of the Rock Quarry, a new berm has been constructed along the southern edge. This berm needs to have erosion control protection in the form of hydro seeding or bonded fiber matrix. 29. The dirt access road leading to the proposed campsite on the south side of the Gtay River has been cleared. Based on NPDES Regulations for soil disturbance, the applicant is required to obtain coverage under the NPDES General Construction Permit that includes the access road. A copy of the receipt of the Notice of Intent shall be submitted to the Storm Water Management Section as soon as possible. The SWPPP for the site shall be amended to include BMPs for the access road. 30. The applicant shall submit site plans showing and identifying all existing sewer lines, water lines, and all easements located within the project boundary properties. Resolution No. 2007-140 Page 8 31. The applicant is required to 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 project applicant shall apply for a construction permit to perform work within 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 ofthese 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. The project 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. The project 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 velricles 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 Fire Department engine company and Battalion Chief will be onsite during all race events. 35. The project applicant shall provide approved fire and emergency access from Energy Way to parking. Provide approved emergency access within fenced areas. All access ways shall be no less than twenty feet wide. Provide approved fire lane through vendors, pits, parking and camping area. Provide two points of access to the racetrack. 36. The project 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. Resolution No. 2007-140 Page 9 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 fireworks shall be limited to daylight hours and shall be limited to use only at the beginning of each racing event. 38. The project applicant shall submit plans and apply for all necessary permits from the Fire Department for all tents/canopies. 39. The project applicant shall obtain a letter of indemnification for semi truck / race trailers from 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. 4 I. The project 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 per the Fire Department. 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 project 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 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: (I) 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. The project 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. Resolution No. 2007-140 Page 10 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 ofthis permit. 45. The project 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 project 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. In addition, 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, obtain an approved "stand by" agreement for Fire Department personnel from the Fire Department. 48. The project applicant shall provide proof of liability insurance coverage naming the City of Chula Vista as an additionally insured party in the amount of $10 million. The liability insurance policy shall be reviewed and approved by the Risk Management Department two weeks prior to the event. 49. The project 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 utilization. The proposed project 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. 50. The project 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, provide similar 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 for such baseline monitoring to occur. --! Resolution No. 2007-140 Page II 51. The project 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 I OO-foot buffer between the project area and the Preserve. 53. The applicant shall provide signage to be installed approximately every I 50-ft. on all fences bordering the preserve edges indicating that sensitive habitat is located nearby. 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. 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 ofthe 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. Resolution No. 2007-140 Page 12 57. 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 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 A TV'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 project applicant shall enforce the following rules in the camping area, such as an II 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 project 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 governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. 60. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit (PCC-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. Resolution No. 2007-140 Page 13 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. 1. 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. o lL Li .~ Signature of James Bal win j2J! /;'/1151'1: Applicant/Property Owner if ,. ) cf!'vL b/ 5/ C7 Date' \ i/ 7}1/7uL~~(fl~~ /{ :; Signature of Applicant's Event Representative From Championship Off-Road Racing (CORR) t~/S/()7 I Date Resolution No. 2007-140 Page 14 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 ~J4,LJ:/ Ji Sandoval anmng and Bmldmg Director Approved as to form by ~ 'f,~f\~(~\~ , Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of ChuIa Vista, California, this 5th day of June 2007 by the following vote: AYES: Councilmembers: Castaneda, McCarm, Ramirez, Rindone, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None Cheryl C~~ ATTEST: ~---4 J 1 A \ ~J {}-----' Susan Bigelow, MMC, City erk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2007-140 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 5th day of June 2007. Executed this 5th day of June 2007. - ~ Iii L'~Lo~ Susan Bigelow, MMC, City rk