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HomeMy WebLinkAboutPlanning Comm Rpts. /2005/07/27 AGENDA PLANNING COMMISSION MEETING Chula Vista, California 6:00 p.m. Wednesday, July 27,2005 Public Services Building Council Chambers 276 Fourth Avenue Chula Vista, CA CALL TO ORDER: Madrid_ Felber_ O'Neill_ Cortes_ Hom_ Hall_ Tripp_ ROLL CALL/MOTIONS TO EXCUSE PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE APPROVAL OF MINUTES: June 22, 2005 INTRODUCTORY REMARKS ORAL COMMUNICATIONS Opportunity for members of the public to speak to the Planning Commission on any subject matter within the Commission's jurisdiction but not an item on today's agenda. Each speaker's presentation may not exceed three minutes. 1. PUBLIC HEARING: Consideration for 13.3 acres at the northwest corner of Eastlake Parkway and Miller Drive within the Eastlake II Planned Community: a) GPA 04-04; Amendment to the City of Chula Vista General Plan to change the land use designation from Research & Limited Industrial to Retail Commercial. b) PCM 04-14; Amendments to the Eastlake II General Development Plan and Eastlake II Sectional Planning Area SPA Plan, Planned Community Districts Regulations, Land Use Districts Map and other associated regulatory documents to change allowable uses and site development regulations from Research and Limited Industrial to Retail Commercial regulations. Applicant: Sudberry Properties Project Manager: Stan Donn, Associate Planner Planning Commission - 2 - July 27, 2005 2. PUBLIC HEARING: PCC 05-51; Consideration of a Conditional Use Permitto construct and operate an unmanned wireless telecommunications facility at Castle Park High School. Applicant is Sprint PCS. Project Manager: Michael Walker, Sr. Planner 3. PUBLIC HEARING: PCC 05-67; Conditional Use Permit for a temporary, one- time event for two consecutive weekends, September 24 and 25 and October 1 and 2, 2005, and allowing a temporary racetrack in Otay Ranch Villages Two and Four, located south of Olympic Parkway, east ofthe Otay Landfill and west of La Media Road. Applicant: Championship Off-Road Racing (CORR). Project Manager: Harold Phelps, Associate Planner DIRECTOR'S REPORT: COMMISSION COMMENTS: COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, request such accommodations at least forty-eight hours in advance for meetings, and five days for scheduled services and activities. Please contact Diana Vargas for specific information at (619) 691-5101 or Telecommunications Devices for the Deaf (TOO) at 585- 5647. California Relay Service is also available for the hearing impaired. MINUTES OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA 6:00 p.m. Wednesday, June 22, 2005 Council Chambers Public Services Building 275 Fourth Avenue, Chula Vista ROLL CALU MOTIONS TO EXCUSE: Present: Absent: Madrid, O'Neill, Hom, Hall, Tripp Cortes, Felber Staff Present: Nancy Lytle, Assistant Planning Director Jill Maland, Deputy City Attorney III Michael Walker, Senior Planner PLEDGE OF ALLEGIANCE/SILENT PRAYER INTRODUCTORY REMARKS: Read into the record by Vice Chair Madrid. ORAL COMMUNICATIONS: No public input. 1. PUBLIC HEARING: PCC 05-31; Consideration to modify an existing Conditional Use Permit for a parochial school to: 1) reflect the proposed construction of a new building for an administration office, two classrooms and a multipurpose room; 2) consider operational requirements for the school; and 3) to allow two modular trailers for use as a temporary administration and construction office. The property is located at 482 L Street in the R-3-P14 Zone. Applicant: Southwestern Christian School. BACKGROU ND: Michael Walker, Sr. Planner reported that the applicant submitted an application for a Conditional Use Permit to remove an existing 1,950 sf, single-story administration building, and construct a new, 2,455 sf, two-story building. The new building will accommodate the administration offices, two new classrooms, a workroom, kitchen and multi-purpose room. The school does not propose to increase its current enrollment of 250 students. The project was originally scheduled for consideration by the Zoning Administrator, however, during the public review period, staff received a signed petition from several neighbors opposing the project, and is why the Planning Commission is now Planning Commission Minutes - 2 - June 22,2005 considering the project. The issues of concern are: · The two-story building will allow occupants to look into backyards invading the neighbor's privacy · The school is not in compliance with a previous court sanctioned settlement agreement between the church/school and adjacent property owners, which prohibits the school from using the south parking lot for recreation activities · Sports equipment and other debris land in neighbors' backyards · Students sit on the back wall taunting dogs and breaking tree branches Mr. Walker noted that there exists a 1984 court settlement agreement between the neighbors and the school, which establishes conditions for use of the south parking lot. The language in the agreement reads, ".. .designated parking lot shall be used solely for parking, normal church functions and occasional school functions.". He further noted that a breach of the settlement agreement is a civil matter, therefore, enforcement and compliance with the court order is the responsibility of the parties to the agreement, not the City. Mr. Walker stated that the school has used the south parking lot for intermittent PE classes. The current school administration has stated that they were unaware of the court order, nor were they aware that there were disgruntled neighbors because the school had not received any complaints during the past two years, which is when the current administration came on board. They are now abiding by the 1984 court order. Staff conducted a public meeting on May 23rd to hear the concerns and to allow the school representatives to propose possible solutions to mitigate them. They proposed to: · Install temporary netting above the 6 foot high wall to prevent objects from getting into the neighbor's backyards when the activities involve sports equipment · Plant trees that would grow tall enough to provide a permanent buffer along the south and west walls; and · Increase supervision in the south parking lot area by assigning additional school staff STAFF RECOMMENDATION: That the Planning Commission adopt Resolution PCC 05- 31 approving the application subject to conditions contained therein. PRELIMINARY COMMISSION QUESTIONS I DISCUSSION: Cmr. Tripp inquired if the construction of a new two-story administration building, which more than doubles the floor area of the existing building, would be considered an intensification of the land use. Nancy Lytle responded that, it is possible to increase the mass of a building without intensifying the land use. However, the argument could also be made that by increasing the size, you are intensifying the urbanization in that area. Planning Commission Minutes - 3 - June 22, 2005 Ms. Lytle further stated that upon staffs review of the project, with an understanding that the student enrollment thresholds would remain the same, as well as questioning the applicant, it was determined that the intent of the project was simply to modernize the facility to current day standards. Cmr. Hall inquired what, if any, is the history of complaints for this site. Mr. Walker responded that upon his review of the site's history he found four complaints; three of which were for graffiti abatement, and one was related to the parking lot ingress and egress. Cmr. O'Neill expressed concern that the Commission's decision, whatever that may be, could undermine the court's decision and force the parties back into court. Jill Maland, Deputy City Attorney responded that the court order stands on its own merits and the parties to the agreement are bound by it, irrespective of what the Commission's decision may be. Furthermore, the Commission's decision should be made independent of what the court order stipulates, based on the Commission's ability to make the necessary findings, as they would on any other matter before the Commission. PUBLIC HEARING OPENED. Mike Jones, Architect, 7860 Mission Center Ct., San Diego, CA gave an overview of the site plan, building design and its orientation as it relates to the adjacent structures, street, and neighborhood. Mr. Jones restated that there would be no increase in student enrollment, and pointed out that the existing administration building was built in the 1950's and the purpose for this improvement project was simply to bring the facility up to today's standards. Mr. Jones clarified and expounded on the following matters: . the temporary (trailer) buildings will serve as temporary administration offices and will be removed as soon as the new building is constructed. . The kitchen will not be a cafeteria-style kitchen, as there will be no food preparation taking place and will be more like a traditional home kitchen with a refrigerator, microwave and stove for occasional heating of ready-made meals. The kitchen will also serve to store the emergency food packs that the State of California requires for each student. · With respect to comments made about children sitting on the walls, Mr. Jones clarified that the wall that abuts the residences is a sound-barrier concrete wall that measures 6 feet tall. Furthermore, it's in an area that is supervised when occupied by children, and the likelihood that small grammar students would be sitting on top of it, would be is slim to none. Most likely what has been observed are students Planning Commission Minutes - 4 - June 22, 2005 sitting on a 4-foot high wall that is located at the front of the school, fronting L Street, and most likely those would be students from the adjacent Chula Vista High School. Mr. Jones pointed out that the use of the south parking lot that abuts the residences is not used for free-play recess-type activities, but for scheduled supervised physical education classes. Leigh Moffett, Principal, Southwestern Christian School, 482 L Street, Chula Vista, CA, stated she's been with the school for two years and has never received any type of complaint, otherwise she would have addressed it immediately. Ms. Moffett further stated that she believes they are in compliance with the stipulations in the agreement and make minimal use of the back parking lot where they conduct supervised PE classes. Additionally, with the construction of the new building, use of the parking lot will be further minimized because of the multi-purpose room of the new building that will enable them to conduct some PE classes, especially for the smaller children and during inclement weather. Ms. Moffett clarified that the PE classes are conducted one class at a time, as opposed to the free playground area where there are multiple classes. Additionally, the State of California requires that 100 minutes of physical education classes must be provided to the students. This translates to approximately three, 33-minute PE classes per week. If these classes are forced to move to the playground at the same time that other students are having recess, you are not lessening the noise, you're just relocating it and creating a safety issue because you have different aged children playing at the same time. Jackie Kottke, 5494 Soledad Rd., stated she has been a teacher at SWCS from their early days when they first were established and her children also attended the school. Although she does not live in Chula Vista, she continues to teach 6th grade because she is committed to the school and believes it makes a valuable contribution to the community. Ms. Kottke briefly described the activities that are in question that take place in the parking lot and concluded by stating that it is their desire to be in compliance with all regulations, be good neighbors and work with the neighborhood in order to be able to co-exist in a peaceful, amicable environment. Peggy Hupp, 450 Westby St, Chula Vista, CA 91911 stated she is a party to the agreement and that the homes were built in 1967 before the church or school were ever conceived of. Years later, when the church and school were constructed and the church parking lot was transformed into a playground area is when the problems with noise and privacy issues came into play. As a civil matter between neighbors, the only recourse that was available to the neighborhood was to take them to court. Ms. Hupp further stated that although there is a concern that at a future date they may Planning Commission Minutes - 5 - June 22, 2005 consider increasing the student enrollment cap, even so, they don't object to the construction of the new building. All they ask is that the school be compliant and uphold their end of the agreement. Furthermore, the neighbors are not opposed to an "occasional" special activity in the south parking lot, i.e. a Harvest Festival or a Christmas function, however, they oppose its use as a playground or to conduct PE classes. Shirley Ross, 453 Westby St., Chula Vista, stated she concurs with Ms. Hupp's previous statements and urged the Commission to uphold their request. Rose Kraus, 466 Westby St., Chula Vista, stated she concurs with Ms. Hupp's previous statements and urged the Commission to uphold their request. Karyn Graham, 470 Jamul Ct, Chula Vista stated she attended SWCS in the late 1980's and she has never observed anyone from the school sitting on top of the fences. She restated previous comments regarding a decrease in the use of the parking for PE classes because of the new building's multi-purpose room and the occasional use of the Chula Vista High School sports field that they have agreed to allow SWCS use on occasion when its not in use by the high school. She urged the commission to support the project. Catherine Schultz, 470 Jamul Ct., Chula Vista stated she is a teacher at SWCS and the new building will allow for two additional classrooms, which would enable larger classes to be made smaller, which in turn would minimize noise from the PE classes because, for example, instead of having one class with 28 students, there would be two classes of 14 students in each class. PUBLIC HEARING CLOSED. COMMISSION DISCUSSION: Cmr. O'Neill stated that item #5 of the court order document is quite clear and unambiguous; it reads, "The southern area of the church's property designated for use as a parking lot shall be used solely for parking, normal church functions and occasional school functions." Cmr. Hall stated he came to the meeting prepared to hear an uproar of opposition on the construction of the new building, but instead the matter of contention is noise and the school's alleged non-compliance with the agreement regarding the use of the parking lot. Cmr. Hall further stated that since noise is subjective, he asked if a noise analysis was conducted to measure the levels and evaluate whether they are within what is allowed. Mr. Walker responded that environmental staff reviewed the proposal and determined that according to CEQA the project was Categorically Exempt, meaning that there are no impacts associated with the project. Planning Commission Minutes - 6 - June 22, 2005 Cmr. Hall stated that in the absence of a noise study, he does not have the necessary information to make an informed decision. Cmr. Madrid stated that it appeared both parties were close to reaching consensus because the residents have stated they do not oppose the construction of the building and their concerns are related to the use and noise emanating from the south parking lot. The school has also made efforts to offer solutions to mitigate the neighbors' concerns. Cmr. Madrid further stated that she concurs with Cmr. O'Neill's earlier comments regarding the clarity of the language in #5 of the court order, therefore, she recommended that perhaps a condition could be added further defining the word "occasional" to mean occasional holiday events, i.e. harvest festivals or Christmas events. MSC (Madrid/O'Neill) (4-0-2-1) that the Planning Commission adopt Resolution PCC 05-31 approving the application subject to conditions contained therein including a condition that re-defines the language of court order #5 to read as follows: . "The southern area of the church's property shown on Exhibit "8" designated for use as a parking lot shall be used solely for parking, normal church functions and no more than 12 special events per year." Motion carried with Cmr. Hall abstaining. ADJOURNMENT to a regular Planning Commission meeting on June 8, 2005. Diana Vargas, Secretary to the Planning Commission PLANNING COMMISSION AGENDA STATEMENT Item Meeting Date 07/27/05 I ITEM TITLE: Consideration ofthe following applications filed by Sudberry Properties for 13.3 acres at the northwest corner of EastLake Parkway and Miller Drive within the EastLake IT Planned Community: a) GPA 04-04: Amendment to the City of Chula Vista General Plan to change the land use designation of approximately 13.3 acres from Research & Limited Industrial to Retail Commercial. b) PCM 04-14: Amendments to the EastLake IT General Development Plan (GDP) and EastLake IT Planned Community District Regulations and Land Use Districts Map. Also, amend associated regulatory documents applicable to the northerly 13.3 acres (aka "EastLake Village Walk") of the 68.1 acre EastLake I Village Center North Supplemental Sectional Planning Area (SPA) Plan. The applicant, Sudberry Properties, Inc., has submitted applications to: 1) amend the City's General Plan to change the land use designation of approximately 13.3 acres at northwest corner of East Lake Parkway and Miller Drive from Research and Limited Manufacturing to Retail Commercial; 2) amend the EastLake II General Development Plan to change the land use designation of 13.3 acres from Research and Limited Manufacturing to Retail Commercial; and 3) amend the EastLake II Planned Community District Map change 13.3 acres from Business Center (BC-3) to Village Center (VC-l a), and the EastLake II Planned Community District Regulations to accommodate the changes in land use. The applicant is also requesting amendment to the 68.1-acre EastLake I Village Center North Supplemental SPA Plan and associated regulatory documents for the northerly 13.3 acres known as "The EastLake Village Walk". The SPA amendment contains revisions to the Supplemental SPA Plan, Design Guidelines, Public Facilities Finance Plan, Water Conservation and Air Quality Improvement Plans. The Environmental Review Coordinator has determined that, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures have been incorporated and agreed to by the project proponent. A Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program were prepared, which must be considered by the Planning Commission prior to a decision on the project (Attachment 3). RECOMMENDATION: That the Planning Commission adopt attached Resolution GPA 04-04/PCM 04-14, recommending that the City Council: Page No.2, Item: Meetio2 Date: 07/27/05 I. Adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-04-027) issued for the Project; and, 2. Approve the proposed amendments to the General Plan and EastLake II General Development Plan and Planned Community District Regulations and Land Use Districts Map; and, 3. Approve the amendments to the EastLake I Village Center North Supplemental SPA pertaining to the 13.3-acre northerly portion known as the EastLake Village Walk. BACKGROUND: The EastLake I General Development Plan and SPA were originally adopted in 1984 and included the neighborhoods known as EastLake Shores, EastLake Hills, EastLake Village Center, EastLake Business Center, and the northern portion of East Lake Greens. This SPA was later incorporated into the EastLake II General Development Plan when the separate EastLake Greens SPA was adopted. In 1992, the City Council approved amendments to the EastLake II General Development Plan and EastLake I SPA Plan to accommodate a 485,000 sq. ft. medical center complex at the northwest corner of Otay Lakes Road and Fenton Street within a planning area of EastLake known as the "EastLake I Activity Center." This Activity Center, which replaced the original commercial! residential mixed-use concept (EastLake Village Center) envisioned in the original SPA, incorporates three major components: I) a neighborhood (Von's) shopping center (south ofOtay Lakes Road); 2) a mixed-use entertainment and service oriented village center (east and west side of EastLake Parkway); and 3) a major hospital! medical center. The V on's commercial center, which existed at that time, was within the EastLake Greens SPA, and, consequently, developed and administered under that SPA. Although this component (the Von's portion) of the Activity Center was approved under separate design guidelines, its functional relationship to the northern Activity Center was significant and served as an existing design reference. To properly guide the Activity Center development, in 1992, the City Council also approved the "EastLake I Activity Center Precise Plan Guidelines" for the above mentioned medical center mixed- use concept. These design guidelines established specific urban design, landscaping and functional goals and objectives to insure the integration of all aspects of the Activity Center into the surrounding industrial and the overall EastLake planned community. The Kaiser medical center proj ect was never built and the property was re-acquired by The EastLake Company who has proposed to re-define the northern portion ofthe Activity Center (north ofOtay Lakes Road) into three separate and independent parcels tied together with other surrounding properties/uses by urban design features and amenities. The new concept was introduced and Page No.3, Item: Meeting Date: 07/27/05 outlined more specifically in a supplemental SPA Plan known as "The EastLake Village Center North" and associated regulatory documents prepared for this planning area. That Supplemental SPA plan included specific design guidelines for each parcel, replaced the previously adopted Activity Center Precise Plan Guidelines and all other associated regulatory documents. In July, 2002 the City Council approved amendments to the EastLake II General Development Plan and Planned Community District Regulations, and EastLake I SPA Plan; including the adoption of the EastLake I Village Center North Supplemental SPA plan, comprising 68.1 acres located at the northwest and northeast corner of EastLake Parkway and Otay Lakes Road (see Figure 1). The 68. I-acre EastLake I Village Center North Supplemental SPA plan is comprised of a 38.1-acre parcel (VC-l) designated as Retail Commercial, a 16.4-acre parcel (E-I0) designated as Industrial Research and Manufacturing located west of EastLake Parkway, and a 13.6-acre parcel (VC-2) designated as Professional-Administrative Commercial located east of EastLake Parkway. The 38.1-acre Retail Commercial portion was developed as "The EastLake Village Marketplace" with a Target and Lowe's home improvement center as the major anchor tenants. Several sit down restaurants and other food facilities, financial institutions, in-line retail shops, and a full service gas station provided important goods and services to the residents of EastLake and surrounding communities. As a result of The EastLake Village Marketplace commercial center development, in July 2003, the City Council approved amendments to the EastLake II General Development Plan, EastLake I Village Center North Supplemental SPA plan and EastLake II Planned Community District Regulations to change the easterly 13 .6-acres from Professional Administrative to Commercial Retail to accommodate additional officelretail uses known as the "EastLake Village Center East or Kohl's commercial center". The parcel has been developed with a Kohl's department store, and offices, retail shops and food establishments. The southeasterly 3.1 acres of the 16.4-acre (E-lO) parcel has been approved for a 36,000 sq. ft. medicaVoffice building, which is under construction. At this time, Sudberry Properties, Inc. is requesting the above mentioned amendments to accommodate The EastLake Village Walk specialty retail center. The applicant has submitted a Design Review application for the proposed 13.3-acre specialty retail center, which must be considered and approved by the Design Review Committee. The project is targeted for consideration by the DRC in mid October, 2005. Page No.4, Item: Meeting Date: 07/27/05 DISCUSSION: 1. Existing Site Characteristics The Project involves the northerly 13.3 acres of the 68.1 acres EastLake I Village Center North Supplemental Sectional Planning Area, at the northwest corner of EastLake Parkway and Miller Drive hereafter referred to as the "EastLake Village Walk" (see Locator). The parcel is presently vacant and has been mass graded in conjunction with the EastLake I mass- grading program, and recently re-graded under an approved remedial grading permit. After the most recent grading, the site is situated approximately 20 feet above the 38.1 acres Village Marketplace commercial center. The site drains west to a catch basin located at the southwest, then runoff is piped to the detention basin at the southwest corner of the Village Marketplace commercial center. 2. Existing General Plan, SPA Land Use Designations and land use Site General Plan CV Municipal PC District Land Existing Land Use Code Zoning Use Designation Industrial Research PC, Planned & Manufacturing Community Business Center Vacant Industrial Research PC, Planned Business Center Industrial, EastLake & Manufacturing Community Parkway Commercial Retail PC, Planned Village Center EastLake Village Community Walk commercial center North South East Industrial Research & Manufacturing PC, Planned Community Business Center, Village Center Medical Office building under construction, Industrial, EastLake Parkway West Open Space PC, Planned Community Open Space Vacant, Future SR- 125 Freeway 3. Project Description The proposed project includes amendments to the City's General Plan, the EastLake II General Development Plan, EastLake I Village Center North Supplemental Sectional Planning Area Plan, and the EastLake II Planned Community District Regulations and Land Use Districts Map. The proposed Page No.5, Item: Meetio2 Date: 07/27/05 amendments are more specifically described in the following paragraphs. General Plan Amendment: Change 13.3 acres from Research & Limited Manufacturing to Commercial Retail (See Figure 2). EastLake II General Development Plan Amendment: Change 13.3 acres ofthe northern 16.4 acres from Industrial Research & Limited Manufacturing (IR) to Retail Commercial (CR), consistent with the proposed General Plan (See Figure 3). EastLake II Planned District Regulations - Land Use Districts Map Amendments: Change 13.3 acres ofthe northern 16.4 acres from Business Center (BC- 3) to Village Center (V C-l a) (see Figure 5). Adjust the land use boundaries to reflect the GDP and SPA land use changes. EastLake II Planned District Regulations - Text Amendments: In addition to various, minor clean-up type amendments, the project includes the following text amendments: Section III, Permitted Uses - Village Center: Page III-3 to III-6 Replace the definitions of the permitted, not permitted, and Conditional Permitted Uses (CUP), associated with the introduction ofa "VC-la" land use district. The newVC-la land use district identifies the type and size of uses allowed within the "specialty retail" district, distinct from the other (VC) Village Commercial land use districts. EastLake I Village Center North Supplemental Sectional Planning Area Plan (SPA) - Site Utilization Plan Amendment: Change the land use designation in 13.3 acres of the northern portion from Village Center Employment (E-I0) to Village Center (VC-l) (See Figure 4). EastLake I Sectional Planning Area SPA plan - Text Amendments: The proposed amendments reflect the change in land use for the northerly 13.3 acres portion of the EastLake I Village Center North Supplemental SPA plan (see Attachment 5). The amended Supplemental SPA plan contains Design Guidelines, Public Facilities Financing Plan (PFFP), Air Quality Improvement Plan (AQIP), Water Conservation Plan (WCP). Page No.6, Item: Meeting Date: 07/27/05 ANALYSIS: The existing EastLake Village Marketplace and the Kohl's center have been highly successful. However, the demand for commercial space and maximum capacity ofthese two properties cannot accommodate additional retail uses which the community desires. Residents currently have to drive out of Chula Vista to obtain the goods and services that Village Walk will provide, such as a gourmet market and specialty market, ethnic restaurants and dining establishments, a major bookstore and other retail services. This pedestrian-oriented center will provide upscale specialty retail, which compliment the Village Marketplace and Kohl's center, and complete the "town center" component of the EastLake community. Due to its proximity to the EastLake Shores residential community to the west, The Eastlake Village Walk will act as gateway entrance into the town center for EastLake's west side residents, who currently drive through an industrial and office park to reach the town center. Further, the developer is proposing that The EastLake Village Walk's architecture, landscape design, site amenities, and gathering places will be unique in Chula Vista and among the finest urban design in all of San Diego County. The proposed design ofthe center and enhancements to EastLake Parkway, types of shops and gathering places will encourage more pedestrian activity. General Plan Amendment: The proposed amendment to the General Plan consist of changing 13.3 acres from Research & Limited Manufacturing to Retail Commercial to accommodate the new EastLake Village Walk specialty retail center proposed by Sudberry Properties, Inc.. The site is situated between the EastLake Shores residential community and EastLake Village Marketplace commercial center. Its proximity between these two areas serves as a gateway from the residential neighborhood and provides continuity to the town center (i.e. Village Marketplace and Kohl's center). The southerly portion of the site adjacent to the Village Marketplace commercial center, and westerly proximity to the EastLake Shores residential community, connected by EastLake Parkway overpass across SR-125 are the basis to support the requested amendment. The proposed land use change will provide an additional 13.3 acres of specialty retail uses that are not currently available within the EastLake Community. EastLake II General Development Plan Amendment: The proposed amendment to the General Development Plan consist of changing 13.3 acres from Research & Limited Manufacturing to Retail Commercial, consistent with the General Plan amendment request. As mentioned above, the orientation and configuration of the northerly 13.3 acres allows for continuity and is a good transition from the residential community to the west and the Village Marketplace commercial to the south along EastLake Parkway. The additional Retail Commercial acreage will allow for a specialty retail center to serve EastLake residents and the city as a whole. Page No.7, Item: Meeting Date: 07/27/05 EastLake I Supplemental EastLake Village Center North SPA Plan: The EastLake Village Center North, which is also referred to as the EastLake I Activity Center in the adopted SPA plan, is located within the EastLake I SPA and functions as the town center for the EastLake Planned Community, intended to serve the business center within the SPA and the EastLake Planned Community as a whole. The addition of the13.3-acre Village Walk specialty retail center, combined with the constructed 38.1-acre Village Marketplace and 9.3-acre Kohl's commercial center would enhance the overall town center synergy. This amended Supplemental SPA defines the development parameters, including the implementation ofthe proposed GDP land use designation, urban design criteria, circulation, public facilities, Water Conservation Plan, Air Quality Improvement Plan and other necessary components to ensure the proper integration of the Village Walk into the existing surrounding residential, commercial and industrial uses. The following paragraphs describe in more detail some of the proposed amendments to the EastLake I Village Center North Supplemental SPA plan. Land Use: Under the adopted EastLake II General Development Plan, , the northerly 16.4 acres of the EastLake Village Center North was designated as IR, Research & Limited Manufacturing, which would allow for a major medical center complex with the remaining 51.7 acres as retail commercial, resulting in a well integrated town center. The proposed land use change of 13.3 acres from IR, Research & Limited Manufacturing to CR, Retail Commercial is intended to provide additional retail that currently does not exist, tied together by common urban design features and urban design guidelines. The land uses have been crafted to provide independent development parameters and guidelines between the retail commercial parcels, but complementing each other as the area is fully developed. Circulation: The EastLake Village Walk will be served by EastLake Parkway. The main access is aligned with Miller Drive intersection (see Attachment 5, SPA Plan tab). Regional access will be provided primarily by I-80S located approximately 5 miles to the west, and eventually by the future SR-125, immediately adjacent to the west. The timing for installation of required improvements and financing mechanism are discussed in the Village Center North Public Facilities Finance Plan (see Figure 7). Street improvements required to serve the project are identified in the PFFP. These improvements include a new traffic signal at the Miller Drive/EastLake Parkway/Project Driveway intersection, new intersection geometry that includes 250 feet of capacity in the northbound left-turn lanes, and new lane geometry at the Otay Lakes Road/V ons Driveway intersection. Page No.8, Item: Meetio2 Date: 07/27/05 Design Guidelines: The EastLake Village Center North Design Guidelines will be updated to include the conceptual design for the EastLake Village Walk specialty retail center, to ensure that the physical appearance will compliment the type of developments envisioned and constructed such as medical office complex within the northeasterly 3.1 acres, the EastLake Marketplace commercial center within the southerly 38. 1 acres, and the Kohl's commercial center complex with minor retail uses within the easterly 9.3 acres. The EastLake Village Center North Design Guidelines stipulate design parameters that pertain to site planning, landscape architecture, architecture and signage for the 13.3- acre subject site. In addition, the EastLake Village Center North Design Guidelines feature design elements such as trail nodes along EastLake Parkway Thematic Corridor Trail System, which consist of textured paving, seating/rest areas and canopy trees. The proposed trail system also considers potential for future transit facilities. These elements are intended to promote pedestrian activity. The urban design elements for the EastLake Village Walk compliment the overall EastLake Village Center North Design Guidelines, promoting a well-designed commercial center, which will serve as a landmark "Gateway" to the EastLake Planned Community. The EastLake Village Center North Design Guidelines include a Park & Ride facility, pedestrian oriented trail system, landscaping and signage, water features and community open space areas such as courtyards, patios, pergolas, and trellises to encourage pedestrian interaction within the EastLake Village Center Design Guidelines. The Design Guidelines contain illustrations and guidelines to implement the design ideas presented therein. Some ofthe urban design guidelines include land use diversity, site development character and conceptual building/parking/open space relationships within the project. Because of the importance of unifying themes and designs over an extended period oftime until full build out, the Design Guidelines will be utilized to ensure overall consistency while allowing for flexibility on the part of the Design Review Committee at the detailed site plan level. Village Center North Supplemental Public Facilities Finance Plan: The proposed Public Facilities Financing Plan (PFFP) has been prepared by City consultants based on water, sewer, traffic, drainage, biology and other technical studies. As required by the City's Growth Management Ordinance, the proposed amendment to the EastLake Village Center North Supplemental PFFP analyzes the impact ofthe project on public facilities and services and identifies the required public facilities and services needed to serve the 13 .3-acre EastLake Village Walk parcel ("Project") to maintain consistency with the City's Quality of Life Threshold Standards. The PFFP describes in detail the cost, financing mechanism and timing for constructing public facilities. The public facilities needed to serve the project will be guaranteed by placing conditions of approval on the tentative parcel map, payment of DIP fees at the building permit stage, and/or utilizing Page No.9, Item: Meeting Date: 07/27/05 on the tentative parcel map, payment of DIF fees at the building permit stage, and/or utilizing Community Facilities Districts to finance or maintain the public facility. Transportation: Based on the Traffic Impact Analysis prepared for the EastLake Village Walk project by the City's traffic consultant, Linscott, Law & Greenspan, dated February 2,2005, the adopted BC-3/E-l 0 parcel is anticipated to generate a total of 15,404 daily project trips., The traffic generation of the entire BC-3/E-I0 parcel was analyzed in order to compare and update the findings of the February 2005 traffic report to the previously prepared traffic analysis for the EastLake Village Center North project (Linscott, Law & Greenspan, May 2002) which included the same parcel. Excluding the approved medical office building, which is located on a portion ofthe BC-3/E-l 0 site and has been approved, the proposed project would generate 13,304 ADT without considering transit and pass-by trip reduction. The PFFP uses a total of 13,304 daily trips for the land use change from BC-3 to VC-l. The City's Traffic Threshold Standard specifies that a Level of Service (LOS) of C or better, as measured by average travel speeds on the arterial roads, shall be maintained with the exception that during peak hours LOS D can occur for no more than two hours of the day or LOS ElF for one hour. The traffic impact analysis for the proposed proj ect determined that the intersections of Otay Lakes RoadIV ons Driveway and EastIake Parkway/Miller Drive would operate at LOS E or F during peak hours and therefore would not meet the City's Traffic Threshold Standard. As presented in the Mitigated Negative Declaration, street improvements are required to reduce potential direct and cumulative traffic impacts to below significance. These street improvements are provided in the PFFP. Specifically, these improvements include a new traffic signal at the Project Driveway/Miller Drive/EastLake Parkway intersection, new intersection geometry that includes 250 feet of capacity in the northbound left turn lanes, and new lane geometry at the off-site Otay Lakes RoadIV ons Driveway intersection. Cumulative traffic impacts would be mitigated to below significance through TDIF contributions for the widening of Otay Lakes Road from H Street to Telegraph Canyon Road and widening of Otay Lakes Road from Bonita Road to H Street, in accordance with the Mitigation Monitoring and Reporting Program for the EastLake Village Center North MND (IS-02-042). In addition, the EastLake Village Walk project will be conditioned to pay Transportation DIF fees( $185,325/Commercial Acre), and Traffic Signal Fees ($25.59 per vehicle trip generated per day) at the rate in effect at the time building permits are issued for the project. . With the construction of the project level street improvements and with the payment ofTDIF and traffic signal fees listed above, the City's Quality of Life Threshold Standards will be maintained at a Level of Service C or better at all key study intersections and street segments, and potential direct and cumulative traffic impacts will be mitigated to below significance. f-9 Page No. 10, Item: Meeting Date: 07/27/05 Drainage: The 13.3-acre site lies within the Telegraph Canyon Drainage Basin. The basin is improved with flood control facilities that runs parallel to Telegraph Canyon Road. Presently, runoff from the Telegraph Canyon watershed is detained on site, within the EastLake Village Center North property, in a regional detention facility. Per the Hydrology Study for EastLake Village Walk, dated June 6, 2005, by Hunsaker & Associates, which updated the previous report dated March 4, 2002, the existing on site basin attenuates the 1 OO-year developed peak inflow of853 cfs to a routed peak flow rate of 522 cfs. Downstream drainage facilities along Telegraph Canyon have been sized based on the attenuated flow rate. The project will be conditioned to provide for the conveyance of storm water flows in accordance with City standards, policies and requirements. Sedimentation basins, on-site erosion protection, urban runofftreatment, and ongoing maintenance will be provided as a condition ofthe project. In addition, prior to the approval of the Final Map, the applicant shall pay the Telegraph Canyon Drainage DIP ($4,579/acre). Water: The total projected potable water demand for the Village Center Walk project is approximately 23,740 gallons per day. There is no increase in demand since this is the same amount that was projected by the previous project. The commercial fire flow is 5,000 gpm flow for 5 hours, which meets the City's requirements. The Otay Water District will provide water service for EastLake Village Center North project. Annexation into Improvement District 22 will be required prior to water service being provided. The Otay Water District has facilities in the vicinity of the project that can provide water service. The District will also provide recycled water to the project for landscape irrigation and other uses. Sewer: Sewer service to the project site is provided by the City of Chula Vista. The project will connect to the existing 15-inch diameter Telegraph Canyon Trunk Sewer in Otay Lakes Road either directly or via a sewer line located in EastLake Parkway. The sewer analysis for the EastLake Village Walk project determined that the land uses ofthe proposed project would result in a reduction in sewage flow from those planned in previous studies. Because of the reduction in flows, the planned improvements to the Telegraph Canyon Trunk Sewer will accommodate project flows. The City holds capacity rights of 20.875 mgd in the San Diego Metropolitan Sewerage System (METRO). The average flow for Chula Vista into the METRO during 2003 was approximately 15.951 mgd. The 2003-2004 GMOC Report projects the average city flow to increase to 19.508 mgd by the end of 2007. The forecasted city-wide development will reduce the existing city sewer capacity surplus from 4.924 mgd to approximately 1.122 mgd. The city intends to pursue acquisition of additional capacity from the City of San Diego' Metropolitan System for the city's buildout. The sewer service charges for this development will be assessed based on the quantity and quality of 1-/0 Page No. 11, Item: Meeting Date: 07/27/05 effluent that will be generated from the site. Fire: Development of the EastLake Village Walk project is not anticipated to change the need for fire service in the area. Interim Fire Station #8, located at 975 Lane Avenue in EastLake Business Center I would be the primary station to serve the project. In the long term, Fire Station #8 will be reconstructed in EastLake Woods. Schools, Libraries and Parks: The proposed proj ect will not generate an increase in dwelling units or population in the project area. Therefore, the development will not result in a need for new schools, libraries or parks. However, the applicant will have to pay school fees at the rate in effect at the time building permits are issued. EastLake II Planned Community District Regulations Amendments: The EastLake II Planned Community District Regulations function as the zoning regulations for the project. The PC District Regulations provide standards and regulations to guide the development of the project. These regulations are applied in conjunction with the EastLake Village Center North Design Guidelines to ensure the uses within the project are compatible and well designed. The EastLake II Planned Community District Regulations adopted originally in 1985 and amended in 2002 to allow the EastLake Village Center North project, cover all of EastLake Hills, Shores, Business Center and the Greens and Trails. This amendment (consisting the introduction of a new land use district VC-la) only affects the northerly 13.3 acres changing from industrial uses to commercial, which occur in the EastLake Village Walk portion of the EastLake I Village Center North town center. The amendments consist of eliminating certain uses such as Automobile sales and services, carwash, gas stations, drive-through restaurants, athletic recreational facilities, and box retail, which are allowed within the Village Marketplace commercial center (VC-l). Also, Department store size is limited to 50,000 sq. ft. or less, and veterinary officelhospital prohibits overnight boarding for non- medical purposes. These restrictions within the Village Walk parcel are intended to promote a more specialized and pedestrian-oriented center, in contrast to the larger box retail Village Marketplace commercial center to the south. The remaining provisions of the EastLake II Planned Community District Regulations remain unchanged. Water Conservation Plan: The City's Growth Management Ordinance requires the preparation of a Water Conservation Plan for all major projects in accordance with the City's Water Conservation Plan Guidelines adopted in May 2003. The total water demand for the entire EastLake Village Center North area, including the Village Walk commercial land use change remains unchanged at 0.122 MGD. Numerous features I-Il Page No. 12, Item: Meeting Date: 07/27/05 have been included in the proposed project to minimize the use of water during the construction and operation of the project. The estimated potable water savings with conservation measures is .0146 MGD or 12%. In addition, the use of water efficient landscape and irrigation systems results in a 12.3% recycled water savings. The water conservation measures incorporated into the project are State mandated fixtures and devices and irrigation oflandscaping with recycled water. Water conservation measures as required by the City's WCP Guidelines include hot water pipe insulation, pressure reducing valves, water- efficient landscaping and water-efficient irrigation systems. The EastLake Village Center North Water Conservation Plan demonstrates the value in incorporating all feasible water conservation measures in the buildings and irrigation systems for commercial development. The implementation of these measures will contribute to preserving a valuable natural resource. Air Quality Improvement Plan (AQIP): An Air Quality Improvement Plan was prepared for the project in accordance with the City's General Plan Growth Management Element (GME) to meet federal and state air quality standards. To implement the GME, the City's Growth Management Program requires that major commerciallindustrial projects prepare Air Quality Improvement Plans for all SPA Plans. The AQIP includes an assessment of how the project has been designed to reduce emissions as well as identify appropriate mitigation measures. The design concepts described and implemented in this AQIP for the Village Center North Supplemental SPA are essentially the same as those identified in a pilot study recently conducted by the city to develop meaningful air quality improvement measures. The developer ofthe project has committed to the first option in Chula Vista's AQIP Guidelines and will participate in the Greenstar Building Efficiency Program. The majority (50% or greater) of the structures shall be designed to exceed the California 2001 Title 24, Part 6, Energy Efficiency Standards (CA 9110, effective 6/1/01) Title 24 by 10% (see Attachment 5, SPA Binder Tab). CONCLUSION: For the reasons mentioned above, staff recommends approval ofthe project subject to the conditions listed in the attached draft City Council Resolution. Attachments 1. Planning Commission Resolution 2. Draft City Council Resolution & Ordinance 3. Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) 4. Figures 5. Village Center North Supplemental SPA amendments-Document 6. Ownership Disclosure Fonn 1-12 , , , , , PROJECT lOCA!ION ~. , , , , , , , \ , , I I I I I . .C/) . ;v I . --' f\.) 'CJ1 . . . I I , I Eastlake Village , Center , ) \ , CHULA VISTA PLANNING AND LOC)CATOR :~~I~~T: Sudberry Properties Inc. :~g~~~1: Eastlake Pkwy @ SR-125 SCAlE: FILE NUMBER: No Scale GPA-04-Q4 NORTH BUILDING PROJECT DESCRIPTION: DEPARTMENT GENERAL PLAN AMENDMENT Request Proposal a GDP & GPA amendment & Environmental Review to change 13 acres of EasUake Village Walk at EasUake from Research & Limited Manufacturing to Retail Commercial. Related cases: PCM-04-14 J:\planning\carlos\locators\gpa0404.cdr 07.13.05 ATTACHMENT 1 Planning Commission Resolution RESOLUTION NO. GPA-04-04/PCM-04-14 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM IS-04-027; APPROVE AMENDMENTS TO THE CITY'S GENERAL PLAN, EASTLAKE II GENERAL DEVELOPMENT PLAN, EASTLAKE II PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICTS MAP, AND THE EASTLAKE I VILLAGE CENTER NORTH SUPPLEMENTAL SECTIONAL PLANNING AREA SPA PLAN AND ASSOCIATED REGULATORY DOCUMENTS FOR THE NORTHERLY 13.3 ACRES (AKA VILLAGE WALK) AT THE NORTHWEST CORNER OF EASTLAKE P ARKW A Y AND MILLER DRIVE INTERSECTION. WHEREAS, on March 17,2004, a duly verified application was filed with the City ofChula Vista Planning Department by Sudberry Properties, Inc. ("Developer"), requesting approval of amendments to the City's General Plan, EastLake II General Development plan, EastLake II Planned Community District Regulations and Land Use Districts Map, and the EastLake I Village Center North Supplemental Sectional Planning Area (SPA) plan and associated regulatory documents, including design guidelines, public Facilities Finance Plan, Air Quality Improvement plan and Water Conservation plan for the northerly 13.3 acres located at the northwest corner of East Lake Parkway and Miller Drive intersection ("Project); and, WHEREAS, the area of land which are the subject of this Resolution are diagrammatically represented in Exhibit A and hereto incorporated herein by this Resolution, and commonly known as EastLake Village Walk, and for the purpose of general description herein consist of 13.3 acres at the northwest corner of EastLake Parkway and Miller Drive intersection within the EastLake Planned Community ("Project Site"); and, WHEREAS, the Environmental Review Coordinator determined that, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures have been incorporated and agreed to by the project proponent. A Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program were prepared which must be considered by the Planning Commission prior to a decision on the project; and, WHEREAS, the Planning Commission finds that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-04-027) 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 Planning Commission finds that the Project environmental impacts will be mitigated by adoption ofthe Mitigation Measures described in the Mitigated Negative Declaration, and contained in the Mitigation Monitoring and Reporting Program, and that the Mitigation Monitoring and Reporting Program is designed to ensure that during Project implementation, the developer, and any other responsible parties implement the project components and comply with the Mitigation Monitoring Program; and, WHEREAS, the Planning Commission having received certain evidence on July 27,2005, as set forth in the record of its proceedings herein by reference as is set forth in full, made certain findings, as set forth in their recommending Resolution GP A 04-04/PCM -04-14 herein, and recommended that the City Council approve the Project based on certain terms and conditions; and, WHEREAS, the Planning Director set the time and place for a hearing on the Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and it mailing to property owners and within 500 feet of the exterior boundaries of the property, at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., July 27,2005, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt the attached Draft City Council Resolution and Ordinance approving the Project in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED THAT a copy ofthis resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 2ih day of July, 2005, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Vicki Madrid, Chairperson Diana Vargas, Secretary J:IPlanning\StanD\Eastlake\ViIlage Walk\Reports & ResosIPCM-04-14 PCRESO.doc ATTACHMENT 2 Draft City Council Resolution & Ordinance RESOLUTION RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM IS-04-027; APPROVING AMENDMENTS TO THE CITY'S GENERAL PLAN, EASTLAKE II GENERAL DEVELOPMENT PLAN, EASTLAKE II PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICTS MAP, AND THE EASTLAKE I VILLAGE CENTER NORTH SUPPLEMENTAL SECTIONAL PLANNING AREA SPA PLAN AND ASSOCIATED REGULATORY DOCUMENTS FOR THE NORTHERLY 13.3 ACRES (AKA VILLAGE WALK) AT THE NORTHWEST CORNER OF EASTLAKE P ARKW A Y AND MILLER DRIVE INTERSECTION. I RECITALS A. Project Site WHEREAS, the area of land which are the subject of this Resolution are diagrammatically represented in Exhibit A and hereto incorporated herein by this Resolution, and commonly known as EastLake Village Walk, and for the purpose of general description herein consist of 13.3 acres at the northwest corner of EastLake Parkway and Miller Drive intersection within the EastLake Planned Community ("Project Site"); and, B. Project; Application for Discretionary Approvals WHEREAS, duly verified application was filed with the City of Chula Vista Planning Department on March 17, 2004 by Sudberry Properties, Inc. ("Developer") requesting amendments to the City's General Plan, EastLake II General Development plan, EastLake II Planned Community District Regulations and Land Use Districts Map, and the EastLake I Village Center North Supplemental Sectional Planning Area (SPA) plan and associated regulatory documents, including design guidelines, Public Facilities Finance Plan, Air Quality Improvement Plan and Water Conservation Plan for the northerly 13.3 acres located at the northwest corner of EastLake Parkway and Miller Drive intersection ("Project); and, C. Prior Discretionary Approvals WHEREAS, development of the Project Site has been the subject matter of various entitlements and agreements, including: 1) amended EastLake II General Development Plan (GDP) approved by City Council Resolution No. 2003-140 on April 8, 2003, and City Council Resolution No. 2003-293 on July 8, 2003; 2) EastLake I Village Center North Supplemental SPA approved by City Council Resolution No. 2002-264 on July 23, 2002, and amended by City Council Resolution No. 2003-293 on July 8, 2003; and 3) amended EastLake II Planned Community District Regulations approved by City Council Ordinance Resolution Page 2 No. 2905 on April 15, 2003, and amended by City Council Ordinance No. 2925 on July 15, 2003; and, D. Planning Commission Record of Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on July 27, 2005 and voted to forward a recommendation to the City Council on the Project; and, WHEREAS, the proceedings and all evidence introduce before the Planning Commission at the public hearing on this project held on July 27, 2005 and the minutes and resolution resulting there from, are hereby incorporated into the record of this proceedings; and, E. City Council Record of Application WHEREAS, the City Clerk set the time and place for the hearing on the Project application and notices of said hearings, together with its purposes given by its publication in a newspaper of general circulation in the city, and its mailing to property owners within 500 feet ofthe exterior boundaries ofthe Project Sites at least ten days prior to the hearing. NOW THEREFORE BE IT RESOLVED that the City Council hereby find, determine and resolve as follows: II. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-04-027) 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 reflects the independent judgment of the City. The City Council hereby adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-04- 027). III. APPROVAL OF GENERAL PLAN AMENDMENT The Chula Vista General Plan Land Use Diagram is hereby amended as set forth and diagrammatically represented in Exhibit "A", a copy of which is on file in the office of the City Clerk, known as Document , to change the land use designation of 13.3 acres at the northwest corner of EastLake Parkway and Miller Drive intersection from Research and Limited Manufacturing to Commercial Retail. Resolution Page 3 IV. GENERAL PLAN INTERNAL CONSISTENCY The City Council hereby finds and determines that the General Plan consistency is internally consistent and shall remain internally consistent following the amendments thereon in this Resolution. V. GENERAL DEVELOPMENT PLAN FINDINGS THE PROPOSED DEVELOPMENT AS DESCRIBED BY THE GENERAL DEVELOPMENT PLAN IS IN CONFORMITY WITH THE PROVISIONS OF THE Chula Vista GENERAL PLAN, AS AMENDED. The proposed amendments to the EastLake II General Development Plan reflects the land use, circulation system and public facilities that are consistent with the City's General Plan as proposed to be amended. PLANNED COMMUNITY CAN BE INITIATED BY ESTABLISHMENT OF SPECIFIC USES OR SECTIONAL PLANNING AREA PLANS WITHIN TWO YEARS OF THE ESTABLISHMENT OF THE PLANNED COMMUNITY ZONE. A Supplemental Sectional Planning Area plan known as the Village Center North Supplemental SPA has been previously established for the Project Site, which was a continuation of the EastLake I SPA plan policies and development regulations, was adopted by the City Council on July 23,2002. IN THE CASE OF PROPOSED RESIDENTIAL DEVELOPMENT, THAT SUCH DEVELOPMENT WILL CONSTITUTE A RESIDENTIAL ENVIRONMENT OF SUSTAINED DESIRABLITY AND STABILITY; AND THAT IT WILL BE IN HARMONY WITH OR PROVIDE COMPATIBLE VARIETY TO THE CHARACTER OF THE SURROUNDING AREA; AND THAT THE SITES PROPOSED FOR PUBLIC FACILITIES, SUCH AS SCHOOLS, PLAYGROUNDS AND PARKS ARE ADEQUATE TO SERVE THE ANTICIPATED POPULATION AND APPEAR ACCEPTABLE TO THE PUBLIC AUTHORITIES HAVING JURISDICTION THEREOF. The project does not involve residential development. VI. ADOPTION OF AMENDED GENERAL DEVELOPMENT PLAN In light of the findings above, the amended EastLake II General Development Plan is hereby as set forth and diagrammatically represented in Exhibit "B", approved and adopted in the form presented to the City Council and on file in the office of the City Clerk. Resolution Page 4 VII. SPA FINDINGS/ APPROVAL A. THE SECTIONAL PLANNING AREA (SPA) PLANS (AS AMENDED) ARE IN CONFORMITY WITH THE EASTLAKE II GENERAL DEVELOPMENT PLAN AND THE Chula Vista GENERAL PLAN. The EastLake I Village Center North Supplemental SPA Plan amendment reflect the land use, circulation system and public facilities that are consistent with the EastLake II General Development Plan and the City of Chula Vista General Plan, as set forth and diagrammatically represented in Exhibit "C", approved and adopted in the form presented to the City Council and on file in the office of the City Clerk. B. THE SECTIONAL PLANNING AREA PLANS WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS. The development of the Project Site is subject to the requirements, restrictions and limitations prescribed in the EastLake I Village Center North Supplemental Public Facilities Finance Plan (PFFP) and therefore will be constructed in the order outlined in the PFFP. C. THE EASTLAKE SECTIONAL PLANNING AREA (SPA) PLANS, AS AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The Land uses within the EastLake I Village Center North Supplemental SPA plan represent the circulation system and overall land use intent as previously envisioned in the EastLake II General Development Plan. Thus, the amended Supplemental SPA will not adversely affect the adjacent land uses, residential enjoyment, circulation or environmental quality of the surrounding uses. D. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION, AND OVERALL DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A RESEARCH OR INDUSTRIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND, THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE. The amendments do not involve areas planned for industrial or research uses. E. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION AND OVER-ALL PLANNING TO THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE Resolution Page 5 PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH DEVELOPMENT. The proposed amendments do not involve Institutional, Recreational or similar uses. F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. The Project Site will be served by EastLake Parkway, a 4-1ane prime arterial. EastLake Parkway has been widened to five lanes to accommodate the required turning lanes at the intersection with Otay Lakes Road. Regional access will be provided primarily by 1-805 located approximately 5 miles to the west, and eventually by the future SR-125, immediately adjacent to the west. Required improvements installation timing and financing mechanism are discussed in the Village Center North Public Facilities Finance Plan. Thus, the streets proposed to serve the Project Site are suitable and adequate to carry the anticipated traffic thereon. G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED ECONOMICALLY AT THE LOCATION(S) PROPOSED AND WILL PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH PROPOSED LOCATION(S). The proposed amendments increase the acreage designated Commercial Retail to allow for a specialty commercial center development to provide needed commercial facilities, such as a gourmet supermarket, major bookstore, and facilities, including restaurants and other similar uses, to complement the existing major commercial center directly south. H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATffiILITY WITH SAID DEVELOPMENT. The proposed amendments are consistent with the previously approved plans and regulations applicable to surrounding areas, and therefore said development can be planned and zoned in coordination and substantial compatibility with said development. BE IT FURTHER RESOLVED that in light of the findings above, the City Council does hereby approve the EastLake I Village Center North Supplemental SPA amendments and adopts the new EastLake I Village Center North Supplemental SPA plan as presented in Exhibit "C" subject to the conditions set forth below: Resolution Page 6 VIII. SPA PLAN CONDITIONS OF APPROVAL 1. Implement the Federal and State mandated conservation measures outlined in the EastLake I Village Center North Supplemental Water Conservation Plan. 2. Implement the non-mandated water conservation measures, which include 1) Hot Water Pipe Insulation 2) Pressure Reducing Valves, and 3) Water Efficient/Drought Tolerant Landscaping. 3. Prior to approval of building permits for each phase of the project, the applicant shall demonstrate that air quality control measures outlined in the EastLake I Village Center North Supplemental Air Quality Improvement Plan pertaining to the design, construction and operational phases of the project have been incorporated in the project design. 4. Trash collection areas shall be covered, bermed or other approved method as approved by the City Engineer to prevent runoff of polluted water across paved areas into the storm drainage systems. 5. Implement all requirements of the Mitigation Monitoring and Reporting Program as stipulated in IS-04-027. 6. Prior to approval of the Parcel Map, submit to the Planning and Building Department 20 copies of the adopted EastLake II GDP and PC District Regulations, EastLake I Village Center North Supplemental SPA, and associated regulatory documents in plastic 3-ring binders. Specific document format, table of contents, binder size, cover and titles shall be as determined by the Director of Planning and Building. IX. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the forgoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, and any of such conditions fail to be so implemented and maintained according to the their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of shall future building permits, deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted, instituted and prosecute litigate or compel their compliance or seek damages for their violations. No vested rights are gained by Developer or successor in interest by the City approval ofthis Resolution. Resolution Page 7 x. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon 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 the Court of competent jurisdiction to be invalid, illegal or unenforceable, if the city so determines in its sole discretion, this resolution shall be deemed to be revoked and no further in force or in effect. Presented By: Approved as to form by: James D. Sandoval Director of Planning and Building Ann Moore City Attorney J:\Planning\StanD\EastLake\VilIage Walk\Reports & ResosIPCM-04-14CC RESO.doc Proposed General Plan Amendment .a ". .)" { t t' .. ~. .' I.. J. ~ I ~ ~ ~ ~ ljj \ ~(~ -.- ~~ cnv Of CHUIA VISfA COMMHCIAl I'iDUSTRIAl Excerpt from _ Retail ProfeHional & AdministratiH _ Research & limited Manufacturing GENERAL PLAN DIAGRAM Exhibit A -""C1:J caCca(l) I.. CD _ CI) Cl)ED. 0 c: Q. CDQ. e C>.2 Q (I). > CD C .Ll'f>~ I .. ~ f , ,. ... ..~ r-'-,g .~ (:~t ~rl . <"' ~i~' -'# T'I (; v! . ",. (t:I ~ tt: <( ...... c: ~ ~ j 7 ~J,r:.. ',' '!JJi~,') '-::5.:;s.,'" '---=--~..;ff;,r'-- ; ~ ~./' '\y/ '. \, \. \.... '~\. '~i~ ",.'-"" '/ /' \,,"~~./. i : \~\, ~ i \<:.:>-~~,- _I ......,"'"..':: ~><"" - '"" u ......~'f J-. !t 0 <( <II I) h'!...., __ oJ.' ".' "'.....<:":-~~~A..fi"/' <.' ~~<D ~~'~~($tD "! "i ~ ::I ~I~ ~~~~-~ ... ... ... ~ ~I~ :g~~NN;:: i . , I ~.... I .",.....",.... / . 1,.. ij ~ ~ .... -.... "i ~I~ t': ~g~t~E~~E~ r ~ a . c -Hh h,L~I'lli ~ J~~i~llg~~~! :~: - "'-:leD O~~<6c i i1i i 1~~~"2it~lee~! a.i...~ ::5 ,.,~6~i:fa:tI)a:u.o. j~ OO!G~~ ~I~a:~~ ~o. ~l -I~1:2~~~O 11;1 Exhibit B -~ -~ :; E iW8 ~ M~I ..... ~~ d '? ~ 1/1 HSwcv ~i CII h. f3. ~G' hL-~ ~ i val""':' ~ }!" :s ::I~ E ~$~E ..~ 0 ,;;g u "" -0 z;~ CII ~.!.".1 ~j ""~IIII< UIIITII Site Utilization Plan Proposed s. ... E-9 E-8 E-4 E-4 E-7 ~ . ..... t-) '" SPA I Key Map .. II<< Parcel ~ Land Use VC-1 Village Center VC-2 Village Center VC-4 Village Center E-10 ViI. Ctr. Employment Total I Acres I 51.4 4.3 9.3 3.1 68.1 _1III1III.iII!IIIIIIIIIII SPA I Boundary Supplemental Village - . . - Center North SPA Boundary Note: This exhibit and statistics are for the Village Center North Supplemental SPA Planning Area only. Refer to the EastLake I Site Utilization Plan for total SPA Plan statistics. .. Amendment Area .. .. Village Center North Supplemental SPA Plan ~ F:ASTLAKE I ^ pljlnncd communh}' b}' Tbc":astl.akc Com pan)' Cn\;! land Planning t"9rt.'~nnj r-I-' . ... ... ... .... .~ 6/14/05 Exhibit C ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE EASTLAKE II PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICTS MAP. I. RECITALS A. Project Site WHEREAS the area of land, which is the subject of this Ordinance is diagrammatically represented in "Exhibit D" and incorporated herein by this reference and for the purpose of general description herein consists of 13.3 acres known as EastLake Village Walk, and located at the northwest corner of EastLake Parkway and Miller Drive intersection within the EastLake Planned Community ("Project Site"); and, B. Project; Application for Discretionary Approvals WHEREAS a duly verified application was filed with the City of Chula Vista Planning and Building Department on March 17, 2004 by Sudberry Properties, Inc. requesting amendments to the EastLake II Planned Community District Regulations and Land Use Districts Map; and, WHEREAS, the VC-la land use district is being created as a "Project Specific Land Use District" to allow specific types ofland uses only in conjunction with the construction of the approximate 165,000 square foot specialty retail center; and, WHEREAS, the new VC-l a land use district permitted and conditional uses include gourmet markets, specialty retail shops, major bookstore, restaurants; and, C. Prior Discretionary Approvals WHEREAS, development of the Project Site has been the subject matter of various entitlements and agreements, including: 1) amended Eastlake II General Development Plan (GDP) approved by City Council Resolution No. 2003-140 on April 8, 2003, and City Council Resolution No. 2003-293 on July 8,2003; 2) Eastlake I Village Center North Supplemental SPA approved by City Council Resolution No. 2002-264 on July 23, 2002, and amended by City Council Resolution No. 2003-293 on July 8,2003; and 3) amended Eastlake II Planned Community District Regulations approved by City Council Ordinance No. 2905 on April 15, 2003, and amended by City Council Ordinance No. 2925 on July 15, 2003; and, D. Planning Commission Record of Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on July 27,2005 and voted ( ) to forward a recommendation to the City Council on the Ordinance No. Page 2 Proj ect; and, WHEREAS, the proceedings and all evidence introduce before the Planning Commission at the public hearing on this project held on July 27, 2005 and the minutes and resolution resulting there from, are hereby incorporated into the record of this proceeding; and, E. City Council Record of Application WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on August 16, 2005 on the Project discretionary approval applications, and to receive the recommendation of the Planning Commission and to hear public testimony with regard to same; and, WHEREAS, the City Clerk set the time and place for the hearing on the Project application and notices of said hearings, together with its purposes given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 feet of the exterior boundaries of the Project Sites at least 10 days prior to the hearing; and, F. Discretionary Approvals Resolution and Ordinance WHEREAS, at the same City Council hearing at which this Ordinance was introduced for first reading on August 16, 2005, the City Council of the City of Chula Vista approved Resolution _by which it adopted the amendments on the City of Chula Vista General Plan, EastLake II General Development Plan and EastLake I Village Center North Supplemental Sectional Planning Area (SPA) Plan. NOW THEREFORE, the City ofChula Vista does hereby find, determine and ordain as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at its public hearing on the Project held on July 27,2005, and the minutes and resolutions resulting there from, are hereby incorporated into the record of this proceeding. III. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the Mitigated Negative Declaration (IS-04-027) and has been prepared in accordance with requirements ofthe California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures ofthe City ofChula Vista, and hereby adopts Mitigated Negative Declaration IS-04-027. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council exercised its independent review and judgment and concurred with the Environmental Review Coordinator's determination that the proposed would not have a significant effect on the environment in light of the whole record before the City of Chula Vista, and the Ordinance No. Page 3 adopted Mitigated Negative Declaration (IS-04-027) in the form presented has been prepared in accordance with requirements of the California Environmental Quality Act (CEQA), the State Guidelines, and the Environmental Review Procedures ofthe City ofChula Vista and has reviewed and considered same. V. FINDINGS FOR P-C PLANNED COMMUNITY ZONE AMENDMENTS The City Council hereby finds that the proposed amendments to the EastLake II Planned Community District Regulations are consistent with the City of Chula Vista General Plan, as concurrently amended, and public necessity, convenience, the general welfare and good zoning practice support the amendment. VI. APPROVAL OF ZONE AMENDMENTS The City Council does hereby approve the amendments to the EastLake II Planned Community District Regulations, Land Use Districts Map as represented in "Exhibit D". VII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Ordinance 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 unenforcable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. VIII. EFFECTIVE DATE This ordinance shall take effect and be in full force on the 30th day from and after its adoption. Presented by: Approved as to form by: Ann Moore City Attorney James D. Sandoval Director of Planning and Building RESIDENTIAL RE-3 Residential Estates RS.S Residential Single Family RS-7 Residential Single Family RP.a Residential Planned Concept RP-SL Residential Small lot RC-10 Residential Condominium RC-13 Residential Planned Concept RC-15 Residential Condominium RC-22 Residential Condominium RM-24 entia I Multi-Family RM-44 Residential Multi-Family VilLAGE CENTER & COMMERCIAL VC-1 Village Center (Retail) VC-1a Village Center (Retail) Prooosed New District VC-2 Village Center (Prof: Admin./Ltd. Retail) VC-3 Village Center (Retail) FC Freeway Commercial PA Professional & Administrative BUSINESS CENTER BC-1 Business Center (Manufacturing Park District) BC-2 Business Center (Manufacturing Service District) BC-3 Business Center (Core District) Ai E'ASTLAKE II tinned community by The EastLake Co. Exhibit D Land Use Districts Proposed ..~ II SPECIAL PURPOSE OS-1 Open Space OS-2 Open Space 08-3 Open Space 05-4 Open Space OS-5 Open Space 08-6 Open Space 05-7 Open Space FU Puture Urban District PQ Public/Quasi-public District CPF Community Purpose District (GH) Guest House land Use District Overlay, (Refer to SectionlL3D in PC Dis!. Regs, Design District Overlay Area (Refer to Section IV.3 in PC Dis!. Regs. Cu, land PIo'm ~~"~ 6114105 ATTACHMENT 3 Mitigated Negative Declaration ATTACHMENT 4 Figures I Parcel I Land Use VC-1 Village Center VC-2 Village Center VC-4 Village Center E-10 ViI. Ctr. Employment Total Site Utilization Plan Adopted UI -fLUI. E-9 E..8 E-4 E-4 E-7 E-7 ::;:::::::::::}" :::=:=:===:=; :::::;:::: .. 1HHH/ ';;:.=.:, VC-1 Y6 . .... N 0'\ SPA I Key Map .. .. I Acres I 38.1 4.3 9.3 16.4 68.1 -.11II1II_ SPA I Boundary Supplemental Village - . . - Center North SPA Boundary Note:' This exhibit and statistics are for the Vl1lage Center Norlh Supplemental SPA Planning Area only. Refer to the EastLake I Site Utilization Plan for total SPA Plan statistics. .. . ~. .., Amendment Area .. ... .. Village Center North Supplemental SPA Plan ~E'ASTLAKE I A planned community b)' Tbe Enstl.akc Compan)' (>nt! Land Planning jlC4I..~n~'j r-I-' . ... ... ... ~ .~ 6/14/05 Figure 1 +oJ ~[.--'e c: Q) .C l ~~ E C 0 0<0 ~ -0 'V "'C o....:! 1J~ 8 c: Co:' ...... N Q) O~ -.J~ 0 E -- ci It) M +g, ~ c. .! <( .-: Q C <: C In 0 c:: CO - a.. ~ - CO ,e en S- c: Q) g- ;:J J ~...) M:> c: ~ ..... ..>;::.~ < - c: Do< c E ... Q) q: >- '.'. ~ '" ;:;;) <.9 0 ~ "'C Q) ...,"" en ,. ~ - ,. ~ 0 ..... - ..... ~.~ c.. < n ,. c: ~ .- u " - E Co< ::::~ 0 ~ ~x 0..< :::F '- ::r: ~ 0 a.. u ~ CI,) CI) o g- o: :<:C z I~ I;; E :5 - 0 Q.. ~ ~ ~>:: -' ~ ~I ! 5~ ~ ~ ~ ~( :r.: UJ z 0 u t5 Figure 2 '/' ../ ~"" "'~..;" -""'c--O CUc Q) ... Q).!2 (JJ ~ED..R Q)Q. e C>.2 Q Q) > (I) Q '" .. r-"E fL...I~ ~ .--1 ~ ~! .('\ ~r~ .....~ ',c' , ,., OJ ... ... ..,K <tI (l) "- <( ..... c (l) E "C C (l) E <( ~ ~ -- . . . . . . ~ . . -. ~ . . . 1 f J 1 J 111 j ~ I j I ~ : ; : : : : : ~ ; : : ~ ~_: ::::::::;::::: ~: : :: : : :: : : : : : .. . ... . ~.. . . . . . . ::::;::::::;:: ~~~g~~~nu~~ , , i I I I , . tj,., I ..~ ..""""'-,' L-"~"'" I q<<!~~:: Cf) "" .. ... N ~ ~ ~ f i :;; :t: :;; ;; ~ ~I~ ~ :p NtN~NN~N r ;;I . It ~ I 1,1.s].~'~11 ~OE 'S ~lo:!:1 1.1 ::i!~(Q ofQo: If~s&.ti~1 111:"'0..0:0 a.. II- ~~f$t;fa. ~ J ->- -a f'>.LLl5 ~ 0 :: ~~! ,.... ~l as fiQ -= ~~.',.,S~ ~r~ c>> ~ iiI .r:; -.4 .... h > 6"'__.c S%lnr=~. 1> $ c .;~ =' H~I t~ "0 ~J ! ::$1",; j~ ~ -a ~~ 0( \'--"---<<" ;:) Q !I.! ~ ~ :! ~I~ v.~~N ;:. CQ N ~ M,' ~I"" , .,:. 0 N (;) ('\I ~;~~-~ ~ ;:) ~ Figure 3 Site Utilization Plan Proposed III 11."-._ E-9 E.8 E4 E-4 E-7 ., " 2 :1 E-7 . . ~. . ~.. .. . . .... . . . . ::;;;::;:;;;::7 ::::::::::::i ::;;;;::;; :t ~W~m? '::S::t ~ . ...... IV (11 SPAr Key Map .. .. VC-1 VC-2 VC-4 E-10 Total Village Center Village Center Village Center ViI. Ctr. Employment 51.4 4.3 9.3 3.1 68.1 _ l1lil1li_ SPA I Boundary Supplemental Village - .. - Center North SPA Boundary Note: This exhibit and statistics are for the Village Center North Supplemental SPA Planning Area only. Refer to the EastLake I Site Ub'lization Plan for total SPA Plan statistics. Amendment Area Village Center North Supplemental SPA Plan ~EASTLAKE I A plllnned community b)' The .:asILakc Com pll D)' C:r:1i land Planning j_j~I..~m''''1 ~I-" , ... ... ... ~ ~ 6/14/05 Figure 4 Land Use Districts Proposed RESIDENTIAL RE-3 Residential Estates RS-5 Residential Single Family RS-7 Residential Single Family RP-8 Residential Planned Concept RP-SL Residential Small Lot RC-10 Residential Condominium RC-13 Residential Planned Concept RC-15 Residential Condominium R(!;-22 Residential Condominium RM-24 Residential Multi-Family RM-44 Residential Multi-Family VILLAGE CENTER & COMMERCIAL VC-1 Village Center (Retail) VC-1 a Village Center (Retailj Prooosed New District VC-2 Village Center (Prof. Admin.lLtd. Retail) VC-3 Village Center (Retail) FC Freeway Commercial PA Professional & Administrative BUSINESS CENTER BC-1 Business Center (Manufacturing Park District) BC-2 ess Center (Manufacturing Service District) BC-3 Business Center (Core Distriel) SPECIAL PURPOSE OS-1 Open Space OS-2 Open Space 08-3 Open Space 08-4 Open Space OS-5 Open Space OS-6 Open Space OS-7 Open Space FU Pulure Urban District PQ Public/Quasi-public District CPF Community Purpose District (GH) Guest House Land Use District Overlay. (Refer to Section 11.3D in PC Dis!. Regs. Design District Overlay Area (Refer to Section IV.3 in PC Dis!. Regs. JiE4STLAKEII A planned community by The EastLake Co. eu, lond PIo'm ~~~"~ 6/14/05 Figure 5 ATTACHMENT 5 Village Center North Supplemental SPA Amendments (Document) ATTACHMENT 6 Ownership Disclosure Statement ~~~ :--~-: --:=.-: APPLICATION . DEVElOPMENT PROCESSING · TYPE B Part 2 mY OF OiULA VlSfA General Development plan General Development Plan Name: EastLake IT General Development Plan Proposed land Uses l Total Acres: Commercial/ 13 Parks / Community Purpose / Public/Quasi / Acres Industrial! Acres Acres Schools! Acres Acres Circulation / Acres Acres Open Space / Acres Residential I Range: Single Family Detached / Single Family Attached / Duplexes / Apartments / Condominiums / to Units Acres to Units Acres to Units Acres to Units Acres to Units Acres to Units Acres TOTALS / Annexation LAFCO Reference #: Prezoning: Tentative Subdivision Map CV Tract #: Average lot size: Subdivision Name: Minimum lot size: Number of units: Zone Change [XI Rezoning Proposed zoning: o Setback o Prezoning Amendment to Site Utilization Plan & SPA Text. (Refer to attached Project Description) EastLake I SPA (Village Center North Supplementary SPA) Authorization Print applicant name: Date: 3/9/04 Applicant Signature: Print owner name": Owner Signature-: .Proof of ownership may be re I Rw 5031 Pg 2/2 (619) 691-5101 California 91910 Chula Vista 276 Fourth Avenue PLANNING COMMISSION AGENDA STATEMENT Item: ~ Meeting Date: 7-27-2005 ITEM TITLE: Public Hearing: PCC-05-051 consideration of a Conditional Use Permit to construct and operate an unmanned wireless telecommunications facility at Castle Park High School. The applicant is Sprint PCS. The Applicant, Sprint PCS, submitted a conditional use permit application to construct and operate an unmanned wireless telecommunications facility on the Castle Park High School campus located at 1395 Hilltop Drive (see Locator Map, Attachment 1). The project includes a 6 panel antennas mounted on a stadium light standard and equipment cabinets placed on the ground. The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 1 (Existing Facilities) categorical exemption pursuant to Section 15301 ofthe State CEQA Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION: That the Planning Commission adopt Resolution PCC-05-051 approving the proposed wireless telecommunications facility, subject to conditions contained therein. DISCUSSION: 1. Project Background Sprint PCS is expanding its existing wireless network throughout San Diego County. The network consists oftransmission and receiving stations, also known as wireless facilities or cell sites. These facilities provide wireless communication services for residences, businesses and emergency service agencies. Sprint is proposing a wireless facility on the Castle Park High School campus in an effort to provide adequate wireless services to its customers in the vicinity. 2. Project Setting Castle Park High School is located on the east side of Hilltop Drive between Orange Avenue and E. Palomar Street. The school is situated in a single-family neighborhood. South of the school is a small neighborhood retail center, which contains a variety of retail stores and services. The wireless facility is proposed at the northeast section of the football stadium near the basketball court area. 3. General Plan, Zoning and Land Use The project site is zoned Single-family Residential, and has a General Plan Land Use Designation of Low Medium Residential. The following table specifies the existing land uses surrounding the parcel: Page 2 I Item: Meeting Date: 7-27-2005 General Plan Zoning Current Land Use Site: North: South: East: West: Public Quasi Public Low Med. Residential Low Med. Res./Neigh. Comm. Low Med. Residential Low Medium Residential Rl, SF Residential Rl, SF Residential Rl/CNP, Neigh Comm. Rl, SF Residential R 1, SF Residential Castle Park HS SF Residential Retail/Services SF Residential SF Residential 4. Project Description Sprint PCS proposes to construct an unmanned wireless telecommunications facility at the Castle Park High SchooL The wireless facility consists of a 6 panel antennas mounted on a stadium light standard and equipment cabinets placed on the ground adjacent to the light standard located at the northeast section of the football stadium (see Project Plans, Attachment 5). 5. Staff Analysis In accordance with Section 19.89 ofthe Chula Vista Municipal Code, wireless telecommunications facilities are allowed in any zone. Antennas that exceed the height limit within the particular zone require conditional use permit approval by the Planning Commission. The project site is zoned Rl (Single-Family Residential), which has a maximum height limit of28 feet. The antennas mounted on the light standard at 70 feet exceed the height limit. Staffhas observed an existing Cingular Wireless facility on the other end ofthe stadium deigned as a light standard, and a Nextel facility mounted on a school building. Why is the proposed height the only technologically feasible option for providing service to the area? Sprint's goal is to provide coverage in the area that will reach east to the 805 Freeway, south toward Main Street and all residential areas in between (see Radio Signal Coverage Maps, Attachment 3). Sprint's radio engineers have determined that in order to meet the goal, mounting the antennas on the light standard at 70 feet is necessary to ensure that the radio signals reach the other signals in the area to provide uninterrupted coverage. Does the facility use the smallest practical devices and most efficient technology needed to achieve the needs of the network? The facility will use a total of 6 panel antennas mounted on a 70- foot high football stadium light standard~ and small equipment cabinets that will provide the necessary connections to operate the facility. This facility has been designed and located to meet the current and anticipated needs ofthe Sprint PCS wireless network in the area. According to Sprint's engineers, this facility uses the smallest practical devises, and the most efficient technology available. ~." .,.....". Page 3 I Item: Meeting Date: 7-27-2005 Has the facility been designed utilizing stealth technology to be visually unobtrusive and to blend with the surrounding environment? The facility will mount 6 panel antennas on the existing light standard. This method eliminates the need to use extended arms that would typically support the antennas. This method reduces the visual presence ofthe facility. Sprint uses technology that only requires small equipment cabinets to house the necessary connections that operate the facility. The facility will be visually compatible within the context of the football stadium when using the light standard instead of erecting a separate monopole; therefore, the project design complies with the City's design standards for facility stealthing (see Visual Analysis, Attachment 4). Was there a good faith effort to co-locate the Sprint PCS? Why not co-locate? Were additional co-location sites considered? There are two other wireless facilities currently operating on the school campus. One facility is using and existing building and the other is designed as a light standard for the football stadium. Sprint is using another light standard for their facility, which staff has determined this to be a co- location effort. The small commercial area located just south of the school is at a lower elevation, and would not meet the needed height for coverage without constructing a tall tower to support the antennas. Sprint chose to avoid considering using any residential properties in the area, therefore using the light standard on the campus where other similar wireless facilities operate is considered a reasonable location. Is there an opportunity for co-location at the proposedfacility? The antennas are mounted high enough to allow another carrier to mount antennas below Sprint's antennas in the event that another carrier needs to establish a cell site in the vicinity. Conclusion The wireless facility at the proposed location will provide a necessary service by improving wireless cell phone service to customers, which includes, residents, businesses and emergency service providers. Additionally, in the event of a natural disaster or other emergency situation whereby traditional phone service may be interrupted, the proposed facility would allow wireless telecommunications phones to continue operating. The wireless facility will help accommodate the communication needs in the area. It is a passive use and therefore, will not adversely affect the policy and goals of the General Plan. Staff recommends that the Planning Commission approve the project subject to the conditions in the attached Planning Commission Resolution. (\/~: \==-+~, ~, (\ 1/Lv\ \\\\~\';~\~\:\' \ \ \ ~~\t:= r' ~~1 'r--y I.' rf\OI'O\ ''(\~i\-y~ ) \ \ 1~~\:=0\ ~--'\Y \~ ~~~~ i~ - \ I'. ,,010 v- (\~ \ /-\ 'e y:-:- - (_~-(\\ i~ ,~ \ \ I ~ \~, ~ \ -;. _y-~---\ ,---- \ / \ ~- , \ ~\ \ \ ,'I \ - t<' ' ~ \- ~-\ \- ....---IV::) .......-' ~\ \ \ ~ " \ ' \ \ ~ \<p.'~~1!:\ \ -,,1!:~ ,----\"-C-~\_ "- '\ \____---' - \ \~ - \ \ ''O\:\' 'e:~"3,1 \ y~ \ I---Y~ 'y...-l, \-:\ \------I--l \ r-\----A-~ _ \y\\/~\i~~\ \\-----r;;~~'~\\~\~~'" \~----\~' "'C: ~j 'c" ~ / \-- j v---\-., l..--JI~' \~ \ ~ \ ~ -------'~ \ ~____4, ~ ~\ " , Castle Park \.- ~~\ C---- -\ \~--\~:::s \ ~\ \ , I Hlah School \ \ ~ (4'\\ \.- \ '\.J, , \ ':----::'.J \~.-/ ~~\/5 ..---\ QI.P\ \~~I \~J, \ ...>--- ~~ I 1...'1 .......---- ----I ~...J \ I \---; f-- \ \ 1\ ---- \ \ \ I ~ I , I ~ .......---- I I -1 1---- \~Ct ........---- \ ______---- \ '\ \ i- -1 _ I e- --I' ''I'~TT- \ ______ c_1 1 I \ ~~ J I \ , \ ~------ ~\I !__~ t=i 1,;;):\ r~~ \-........., , . ~------- '\~V I 1--1 (- _}(II. "--, Y \ ~\L.---\, \ ~ , ___! I--j~\r---'\ \ \~.'~-\jY.I\\ \~, sJ.' . ~ ,~~~~\-_--J ~~~\' "\=~',\i- \.--::::. ,C~ ~u\(\\~\~ '0\ -:;? ~------\ 9;~, '\" '\ \/ ~\ -::./ , \ :-.I:Z \ \~\ \ 0' -\ \ \ ' \ \ '\ \ ---,/-c\\~ ~\' ~ \\ \ /. \~\'\~.\JL:Xf~~;~)~'.. ..~\~~.\'.' ""- , / ~';~\'\\\\\/ 1"I~0S:;{iS~%,~ ~\, \ 'r---- \ \~ \\\~\;\ \\W\\\~~~~,,~'f\ "//\ \/</, ~. ~.:i~; \~-=~~P\\\\\ <t$5G ~3' :S59~1 ~\-:;~)I ~,\ .~... -=. ~~<~:\ \ ,\\\ \Y. I.":),' ....-DI,. e \ S D G &E --------- \ \C-?'\-_- .,-- -\\.~/~\\\\\-- \B_\~_\\ ~.......---- \ - 1--- SJ\ \~\\ ~J.-\-- 1:\-1',-11'\, \\\ \f \ \ \ \ \ ' \ '\ R.O.W.- ~ ~. __ii--- ...-r)\ \ \..\,,,,\,\\-\"\\\).\\Y'-~~\ \\~ ", . , II. \ \ ------------ ) /:--\ i- 2?tl.\Vjii\\ \$) ~,\\\\\\<., ~PROJECT (\rlj t \.. ~.\~.i\. 'I'. ,'\i/J.Tj ~ :----~. :\\r:fj\ lOCITION i-=-li. -Tf-~. ~, I, ~//---- \1 \ II - --__~ r~~_-1 \ ,,' '/\ /./C~\:\,\ (/;~ I~"~ I < ' ':{it! ~ \\-~\\\\~~---1 ~~l\ ;~~rl R,i r[ 1"---" (' - ~f~I/';~ W -i ~ : F~ ~{[mr . ~~ !-- F -L~ . ".'1l!!t=~.-. ~D '. .! ...--.- i!~ ..J?'- ~~ (~/ / ~_J '______ -, -- ,}r---- I ,- "", \ : -- IEL-- --II r-\ ll: I .i ! J '1-.....\ .---/ , '. ' ~'I j-- ["r- . . Iii \ - -.-~-- --- Orange Av -'~ i~~ -~rl~~ ~r--l F=R ICR r-IZ/01~:~=<t==B CHULA VISTA PLANNING AND LOCATOR PROJECT C) APPLICANT: Sprint PCS PROJECT 1395 Hilltop Drive ADDRESS: SCALE: FILE NUMBER: No Scale PCC-05-051 BUILDING DEPARTMENT PROJECT DESCRIPTION: CONDITIONAL USE PERMIT Request: Proposal to install 12 antennas on existing stadium light standard with 300 sq ft of equipment area at Castle Park High School. NORTH J :\planni ng\carlos\locators\pcc04069. cdr 06.22.04 ATTACHMENT 2 (Planning Commission Resolution PCC-OS-OS!) RESOLUTION NO. PCC-05-051 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA APPROVING CONDITIONAL USE PERMIT, PCC-05-051, FOR SPRINT PCS TO OPERATE AN UNMANNED WIRELESS TELECOMMUNICATIONS FACILITY ON THE CASTLE PARK HIGH SCHOOL CAMPUS LOCATED AT 1395 HILLTOP DRIVE WHEREAS, the area of land owned by the Sweetwater Union High School District more commonly known as Castle Park High School, is the subject matter of this resolution, and is represented in Exhibit "A" attached hereto and incorporated herein by this reference; and for the purpose of general description is located at 1395 Hilltop Drive ("Project Site"); and, WHEREAS, on April 22, 2005, a duly verified application for a Conditional Use Permit (PCC-05-051) was filed with the City of Chula Vista Planning Division by Sprint PCS ("Applicant"); and, WHEREAS, Applicant requests permISSIOn to operate an unmanned wireless telecommunications facility consisting of one 6 panel antennas mounted on a stadium light standard and small equipment cabinets placed on the ground in an enclosure near the light standard. ("Project"); and WHEREAS, The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 1 (Existing Facilities) categorical exemption pursuant to Section 15301 ofthe State CEQA Guidelines. Thus, no further environmental review is necessary; and, WHEREAS, a duly called and noticed public hearing was held at the time and place as advertised on July 27,2005, at 6:00 pm in the City Council Chambers, 276 Fourth Avenue, before the Planning Commission ofthe City of Chula Vista to receive the recommendation of City staff and to hear public testimony with regard to the Project, and said hearing was thereafter closed. NOW, THEREFORE BE IT RESOLVED that the Planning Commission does hereby find, determine and resolve as follows: 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 facility will provide and improve wireless telecommunication services for customers in the vicinity ofthe high school located along Hilltop Drive and between E. Palomar Street and Orange Avenue. The facility will also improve coverage and capacity for to residences, businesses and emergency service providers including sheriff, police, fire, and paramedics in this area ofthe City. 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. The telecommunications facility has been designed and located to minimize impacts to surrounding uses. The antennas are mounted high on the stadium light standard and the equipment cabinets are placed on the ground in an enclosure a safe distance from the school buildings and residences to the east. The Project, if maintained properly, will comply with all FCC standards for radio frequency emissions and operate quietly, emitting no fumes, smoke, dust, or objectionable odors. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. Granting ofthis conditional use permit is conditioned to require the Permittee and Property Owner to fulfill conditions and to comply with all applicable regulations and standards specified in the Municipal Code for such use, including the City's Wireless Ordinance. That the Wireless Ordinance generally allows wireless facilities in all zoning districts with a conditional use permit. The proposed use will be built in such a way that complies with the Wireless Ordinance's development criteria and all other City zoning and building regulations. Furthermore, the conditions of this permit are approximately in proportion to the nature and extent of the impact created by the project in that the conditions imposed are directly related to, and of a nature and scope related to the size and impact of the project. 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. The granting of this conditional use permit will not adversely affect the Chula Vista General Plan in that said Project is a passive use and, therefore will not adversely affect the policy and goals ofthe General Plan. The proposed use will be built in a location with minimal impact on the existing land use, and relatively no visual impact to the area because the antennas are surface mounted to the light standard. Monthly maintenance visits that the project may generate will not result in the intensification of the use of the site and is an insignificant increase in the traffic for the neighborhood. BE IT FUTHER RESOLVED THAT the Planning Commission of the City of Chula Vista hereby grants Conditional Use Permit PCC-05-051 subject to the following conditions the applicant/property owner shall satisfy the following conditions herein: I. Prior to the issuance of a building permit by the City of Chula Vista for the use of the subject property in reliance upon this approval, the applicant shall satisfy the following conditions: A. The Applicant shall submit plans for a building permit that comply with the following codes: 2001 California Building Code; and 2001 California Electrical Code, and provide structural calculations Page 2 for antenna attachment to the light standard. II. Prior to Final Inspections: A. A final inspection ofthe facility shall be conducted by the Department of Planning and Building to ensure that all conditions of approval have been met and all necessary permits have been obtained. Electrical power to the facility shall not be enabled prior to issuance of a final occupancy permit, unless such power is needed to test the facility's operation during construction and installation. If enabled for testing purposes, electrical power shall be disabled once testing is complete. B. Construct and maintain the project as shown on the plans. B. Provide a 4A-40BC fire extinguisher within the enclosure. C. Electrical service connections and the locations of related components such as meters and transformers shall be coordinated with the sites electrical utility provider and a CityofChula Vista Electrician prior to issuance of building permit. Disruption of existing site improvements and facilities, including site landscaping improvements, resulting from the installation of said electrical services shall be replaced/repaired in kind subject to the appropriate City approval(s). III. Continuous Conditions: A. Remain in compliance with ANSI standards for EMF emissions. Within six (6) months of the Building Division final inspection of the project, the Applicant shall submit a project implementation report to the Director of Planning and Building which provides cumulative field measurements of radio frequency (EMF) power densities of all antennas installed at subject site. The report shall quantify the EMF emissions and compare the results with currently accepted ANSI standards. Said report shall be subject to review and approval by the Director of Planning and Building for consistency with the project proposal report and the accepted ANSI standards. If on review the City in its discretion finds that the Project does not meet ANSI standards, the City may revoke or modify this conditional use permit. B. Agree to cooperate with other telecommunication companies in co-locating additional antennas on subject property, provided said co-locaters have received a conditional use permit for such use at said site from the City. The Applicant shall exercise good faith in co-locating with other communications companies and sharing the subject property, provided such shared use does not give rise to a substantial technical level or quality of service impairment of the permitted use (as opposed to a competitive conflict or financial burden). In the event a dispute arises as to whether the Applicant has exercised good faith in accommodating other users, the City may require a third party technical study at the expense of either or both the Applicant and the potential user. C. Ensure that the project does not cause localized interference with reception of area television or radio broadcasts, including local radio frequencies used by local school districts and water districts. If on review the City, in its discretion, finds that the project interferes with such reception, the City may revoke or modify the conditional use permit. Page 3 D. Comply with the City's Municipal Code noise standards. Within three (3) months ofthe Building Division's final inspection, the applicant shall submit a report to the Director of Planning and Building that provides cumulative field measurements of facility noises. The report shall quantify the levels and compare the results with current standards specified in the Municipal Code for industrial uses. Said report shall be subj ect to review and approval by the Director of Planning and Building for consistency, and compliance with Municipal Code noise standards. If on review the City finds that the project does not meet the Municipal Code noise standards, the City may revoke or modify the permit. E. Allow the site to be inspected six months subsequent to the issuance of building permits to check conformance with project plans and conditions of approval. F. This conditional use 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. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. G. This conditional use permit shall expire five (5) years after the date of its approval by the Planning Commission. After this period, the Zoning Administrator shall review the conditional use permit for compliance with the conditions of approval, and shall determine, in consultation with the applicant, whether the project shall be modified from its original approval. The Applicant may request an extension of the conditional use permit subject to review and approval by the Zoning Administrator. H. This conditional use permit shall become void and ineffective ifnot utilized or extended within the time allotted in Section 19.14.260 of the Municipal Code. I. Ifthe telecommunications facility is no longer needed at the approved location, the Applicant shall remove the facility from the site and restore the site to its pre-exiting condition. J. 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, (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) applicant's installation and operation of the facility permitted hereby, including, without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. 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 Page 4 this conditional use permit and this prOVlSlon shall be binding on any and all of Applicant's/operator's successors and assigns. IV. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document signing on the lines provided below, said execution indicating that the property owner and applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, this document shall be recorded with the County Clerk ofthe County of San Diego, at the sole expense ofthe property owner and/or applicant, and a signed, stamped copy returned to the City's Planning and Building Department. Failure to return the signed and stamped copy ofthis recorded document within 10 days ofrecordation shall indicate the property owner/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Signature of Sweetwater UHSD Authority Date Signature of Applicant's Authorized Date Representati ve V. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or ifthey are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Failure to satisfy the conditions of this permit may also result in the imposition of civil or criminal penalties. VI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Planning Commission 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. Page 5 APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 12th day of July 27,2005, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: Marco Polo Cortes, Chair ATTEST: Diana Vargas, Secretary J\Planning\Michael\PCC Reports/PCC-05-051 Reso Page 6 ATTACHMENT 3 (Radio Signal Coverage Maps) Sprint PCS Site Acquisition Request Form Client: Market: Phase: Date: Sprint PCS San Diego. CA 5 May 23, 2003 Site Number: Site Name: CityfTown Name: ZipCode: Search Ring Information Market Final Rank SD60XCOO6 E Palomar Chula Vista 91910 Market and Source Data RF Engineer: Telephone: Mobile: Greg Todd 619-220-7749 585-615-7182 Center of Search Latitude: Center of Search Longitude: Ground Elevation AMSL (11): Centerline AGL (11): Morphology: Additional Contact: Matt Kough Additional RF design criteria for Repeaters sites only Projected Antenna Building Layout Plan Initial Configuration 3-sector site Antenna Orientation (initial estimate) 330,90,210 Antenna Type/Configuration Dual Polarization antennas Equipment Type Full Site Vendor Lucent 33 32.606556 -117.04986 244 40 Suburban If search ring equipment type is repeater, the proposed solution will need to be able to provide two things: 1. Line-of-Site view back to an accpetable existing donor site 2. Adequate antenna separation between donor & covera e antenna such that enou h antenna RF Design Comments Possible Site Candidates/Miscellaneous Site Information Cand # Address Descri tion Location T e Castle Hi h School Proprietary and Conftdential Page 1013 Football field IprInI.,Ic I ~... · .a.. :u ..... .Jt ... ... ... . -WJ" . -_.. -m A # # Design Location On Air S~e Not On Air S~e Friendly S~e Design Criteria: Required Signal Density: -76 Total Pos to be covered: 10690 Average dB Increase/Pop: 9 Must Cover: Hilltop Dr between Palomar St and Renstra St Possible Antenna Mount Existing stadium light standard/mono ole r \ - \ l :~;~~~5,L~ -==-j r --- I . _1'-- I - ~,'o' ' ~, " _ ___+~\----" \ ll} 1--111 ~ \ 'l~--' "c':T ' '$ \ \" \' --J I ~ \ \,.', , \ i, ( , ,_ j ::,__\. \\ \, \, i ! \ \ _.~.\-~ -.-.~_.\.--.-r-..-""\,\ \" ',' \>>----,-_~1.~" ' ,...' ,,', ___ .--1 , ,..,<. I I I !-. . 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(.)Xf'~~l N M ::....\.:./ ~ ~ ---. 01 Ci)...,...----.~ --,;.Y ...~. iA [',. ("') c:> N (.) X ~ ~ . ~ ~~f?- -.- r___ _- _ - .-......: ~= -~ P I ann n g & Building Planning Division Department Development Processing: CIlY OF CHlJLA VISTA APPLICATION APPENDIX B Disclosure Statement 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. Sprint PCS Assets, L.L.C. a Delaware limited liability company Sweetwater Union High School District 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. 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. 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. Tim Taylor, Carla Tucker, Rich Black and Veatch Inc. Botello, Velocitel, Inc. 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 No~ 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? NQLJYes -,--If yes, which Council member? 276 Fourth Avenue Chula Vista California 91910 (619) 691-5101 ~~f?- -.- ~--- ---- ~:-=~ P I ann n g & Building Planning Division Department' Development Processing CIlY 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,o,o 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 No L- If Yes, which official*'" and what was the nature of item provided? Date: March 24, 2005 5l~ f1 Signature of contracto~Plicant Tim Taylor, Velocitel, Ihc. type name of Contractor/Applicant Print or Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fratemal 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. ,o,o 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 Chula Vista California 91910 (619) 691-5101 PLANNING COMMISSION AGENDA STATEMENT Item: 3 Meeting Date: 07/27/05 ITEM TITLE: Public Hearing: Conditional Use Permit (PCC-05-067) for a temporary, one- time event for a temporary racetrack in Otay Ranch Villages Two and Four. James Baldwin, owner of Championship Off-Road Racing (CORR) has applied for a Conditional Use Permit for a temporary off-road racetrack in Villages Two and Four, located south of Olympic Parkway, east of the Otay Landfill, and west of La Media Road. The proposed off-road racing events would occur on two consecutive weekends, September 24-25 and October 1-2, 2005. Races will occur between 10:00 a.m. and 5:00 p.m. Post-Racing Event activities include live entertainment that will be provided between 5 :00 p.m. and 7 :00 p.m. The sale of alcoholic beverages is requested for approval to be allowed during the races until prior to the last race. The site plan includes a temporary racetrack, standslbleachers for spectators, food and restroom areas, pit area for race participants, and three onsite parking lots. In addition, offsite-parking will be available at Otay Ranch High School. The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-05-023 in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that the proj ect could result in significant effects on the environment. However, revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS- 05-023, and all written comments are to be received by July 28,2005. BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservation Committee (RCC) recommended approval ofthe Mitigated Negative Declaration at their July 11,2005 public hearing. RECOMMENDATION: That the Planning Commission approve Planning Commission Resolution PCC-05-067 recommending adoption ofthe Mitigated Negative Declaration (MND) and approval ofthe draft City Council Resolution including the required findings for approval, subject to the conditions contained therein. DISCUSSION: 1. Site Characteristics The project site consists of harvested agricultural fields and a graded soil borrow site utilized by previous developments in Otay Ranch. The total area that would be used by the proposed event activities encompasses approximately 149 acres, of which 57 acres have been previously graded for Page 2, Item: Meeting Date: 07/27/05 the borrow site. The project site consists of rolling hills and relatively steep tributary canyons and is situated between two significant ridgelines: Poggi Canyon, which is located to the north and Wolf Canyon, which occurs to the south of the site. Grading ofthe agricultural fields will be necessary to prepare the racetrack; however, the racetrack will be designed to conform to existing landforms, so there will be very little landform alterations beyond the creation of the racetrack. The areas proposed for parking would still appear as agricultural fields which have been mowed but have not be cleared of all vegetation, so there will be very minimal changes made to create the large parking lot areas, other then to provide security fencing around the entire project site. 2. General Plan, Zoning and Land Use The site is located within the Otay Ranch General Development Plan (GDP). The proposed project site area encompasses the future Village Two and a portion of Village Four as shown on the General Plan land use diagram and the Otay Ranch GDP land use map. The General Plan and Otay Ranch GDP identifies conceptual development, circulation and open space as land use components within each ofthe square mile land areas that are mapped and planned to incorporate the village concept. The General Plan Land Use Diagram generally shows floating land use designations of Low-Medium Village (LMV) density residential land uses surrounding Medium-High (MH) density residential along with mixed (commercial and residential), and neighborhood park, school and community purpose land uses within the village core for each village. The General Plan and the Otay Ranch GDP documents state that each village in Otay Ranch will be developed in accordance with a Sectional Planning Area (SPA) Plan, which will outline specific development standards and regulations and will function in the same manner as zoning regulations. However, specific Planned Community District Regulations have not yet been adopted as part ofthe future SPA Plan for Village Two and Four, and the current zoning for the entire site is Planned Community (PC). The proposed temporary racing event activities contemplated here are considered conditionally permitted use within the Planned Community (PC) Zone, utilizing the unclassified use requirements listed under unclassified uses in the Zoning Code (19 .54.020J -7) for race tracks, which requires that a conditional use permit be considered by the City Council subsequent to its receipt of recommendations thereon from the Planning Commission. Because the land use is a temporary use, it will not require amendments to the Chula Vista General Plan, or the Otay Ranch GDP. Surrounding land uses include the Otay Ranch High School immediately north ofthe site; developed residential uses in Village One located farther to the north (north ofthe existing Olympic Parkway), developing residential uses in Village Six (east ofthe existing paved La Media Road), Otay Landfill to the southwest, and undeveloped land to the south and southeast. Page 3, Item: Meeting Date: 07/27/05 3. Proposal The proposal is to allow for a temporary, one-time event involving Championship Off-Road Racing (CORR) on a portion of the Otay Ranch property located south of Olympic Parkway, east ofthe Otay Landfill and west of La Media Road. The off-road race event will occur on two consecutive weekends, September 24-25 and October 1-2 2005. The off-road race event will consist of up to 10 races each day of the event with eight classes of vehicles competing during the CORR: Pro 2 (two-wheel drive), Pro 4 (four-wheel drive), Pro Light, Sportsman Truck, Sportsman 2, Light Buggy, Single Buggy, and Super Buggy. Each race will last approximately 15 minutes. The proposed temporary racing event and activities is considered a conditionally permitted use within the Planned Community (PC) Zone, utilizing the unclassified use requirements listed under unclassified uses in the Zoning Code (19. 54.020J -7) for race tracks, which requires that a conditional use permit be considered by the City Council subsequent to its receipt of recommendations thereon from the Planning Commission. The applicant is also seeking a waiver of Zoning Code (19.58.040), the Amusement and Entertainment Facilities use requirements that is referenced to racetracks uses and which would prohibit alcohol beverages being sold or consumed on the premises except in conjunction with a restaurant, and through this conditional use permit process the applicant is requesting that alcohol may be sold with food vendors. Races will occur between 10:00 a.m. and 5:00 p.m. Post-Racing Event activities include live entertainment that will be provided between 5 :00 p.m. and 7 :00 p.m. Sales of alcoholic beverages are requested for approval as part of this Conditional Use Permit in conjunction with the required Alcohol and Beverage Control (ABC) permits, and it is recommended as a condition of approval that the sales of alcoholic beverages cease prior to the last race. As shown on the preliminary racetrack map, the site plan includes a temporary racetrack, standslbleachers for spectators, food and restroom areas, pit area for race participants, and three onsite parking lots. In addition, off-site parking areas would be available for overflow parking if needed. A description of the site access/parking, site preparation and operation of the various uses are provided below, as well as a description of activities that will occur at the site post-operation. The applicant expects that the Championship Off-Road Racing (CORR) event will draw approximately 24,000 spectators per day from the San Diego County region. Access to the CORR event will be from both the Telegraph Canyon Road and Olympic Parkway interchanges at 1-805, located approximately four miles to the west. Other local roadways that may be used include Heritage Road, La Media Road, and Birch Road. Entrances into the race area will be provided from Olympic Parkway and La Media Road. Page 4, Item: Meeting Date: 07/27/05 BACKGROUND: The project site was first assessed in conjunction with the Otay Ranch General Development Plan/Subregional Plan Program Environmental Impact Report for Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) that was prepared jointly by the City of Chula Vista and County of San Diego in October of 1993. A portion of the site where the pit areas will be located was previously graded as a soil borrow site for the construction of Olympic Parkway. One ofthe areas designated for overflow parking (Parking Lot "C" on the site map) is located within a portion of Village Four, southeast ofW olf Canyon. This development area was approved as a soil borrow site as part of the Village Seven SPA and Tentative Maps on October 12, 2004. The majority ofthe project site boundary including the entire racetrack is located within the planning area ofthe Village Two SPA Plan and Tentative Maps that are currently in the review process with the City. The preliminary documents indicate that Village Two will become the largest of the residential villages in Otay Ranch. It is anticipated that the EIR and SPA Plan will be presented in public hearings soon after the race event is held with final approvals scheduled for January 2006. ANALYSIS: Proiect Site (Race Track, Grandstands, and On-Site Parking Areas): The preliminary racetrack map shows a short track and a long track extension racetrack with grandstand/bleachers located along the northern top and side edges of the racetrack for spectators. There are food, restroom and vendors areas behind the grandstands. The racetrack will be situated approximately 8-ft. below the grandstands, with 1 O,OOO-lb. concrete barriers running along the entire frontage ofthe grandstand area. In addition, a 10-ft. high catch fence with steel cables will run the entire length ofthe grandstand area to protect spectators. Perimeter fencing will be provided around the entire site, with security personnel posted at all access pointes throughout the event. The project would also be consistent with the City of Chula Vista MSCP Subarea Plan, as it is located entirely within developable areas. An entertainment area for live music and award presentations is located in the northeast comer ofthe proj ect area over one hillside that connects to the Otay Ranch High School, where the existing paved parking lot areas will be rented from the school district by the applicant for the event. The racing pit areas are located in the northwest corner ofthe proj ect area in front ofthe main entrance parking area that is connected to the intersection of Heritage Road and Olympic Parkway. Two secondary parking areas are access from the intersection of La Media and Birch Road, and a shuttle service will be provided for spectators who must use the distant parking area located in the southeast corner of the project boundary. It is estimated that approximately 9,600 vehicles per day ofthe event would access the site, via Olympic Parkway and La Media Road. Other local roads that would provide direct access to the site are La Media Road, Heritage Road, and Birch Road. Page 5, Item: Meeting Date: 07/27/05 Several activities associated with the race event will potentially cause some one-time nuisance noise events, including: generators for power; spectator passenger vehicles; paddock and pre-race staging traffic; actual racing; loudspeaker announcements and after race events including live entertainment. Races are only to occur between 10:00 a.m. and 5:00 p.m. Post-Racing Event activities include live entertainment that will be provided between 5:00 p.m. and 7:00 p.m. 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 fire station located at 1640 Santa Venetia is close by, approximately one-half mile to the east. The Fire Department will have a fully staffed brush engine dedicated to this event one hour before and after the nonnal event times. In addition, the event operators shall furnish the Fire Department and Ambulance service a means for two-way radio communication during the hours of operation. In addition, an Emergency Medical Plan is also being required as part ofthe conditional use pennit, to be provided by the Championship Off-Road Racing (CORR) management team to the Fire Marshal prior to the event. With regard to event, spectator and traffic control, the Police Department has requested the CaRR management team to provide the City with a Security Plan that shall address all issues regarding security, on-site traffic control and parking subject to final review and approval by the Police Chief. Representatives of CaRR management team have already met with the Police Department's Special Events & Special Investigations Unit and have received a preliminary approval of a Private Security and Parking Control Plan. Sales of alcoholic beverages are requested for approval as part of this Conditional Use Pennit in conjunction with the required Alcohol and Beverage Control (ABC) pennits. The CORR management team will obtain and provide all required Alcoholic Beverage Control (ABC) pennits for review and approval by the Police Department's Special Events & Special Investigations Unit prior to any sales of alcohol on the project boundary site at the racing and entertainment events. It is anticipated that all alcohol sales shall be incorporated within the food vending areas and no segregated "beer garden" arrangements will be created. It is recommended that the sales of alcoholic beverages cease prior to the last race as a condition of approval. Of note, no overnight camping or motor home are allowed within the project boundary site during the race event weekends of September 24-25 and October 1-2 or during the intervening week except for those self-contained facilities utilized by racing teams located within the pit area, as a condition of approval. Off-Site Traffic and Parking Control: It is not anticipated that the additional traffic associated with the racing events would result in unacceptable levels of service on any affected roadway. In contrast to concerts such as those typically held (non-festival events) at Coors Amphitheater, most spectators will be arriving throughout the Page 6, Item: Meeting Date: 07/27/05 timeframe the racing is allowed between 10 a.m. and 5 p.m. and no one can enter the site for any of the post-race entertainment events without a ticket to attend the races. However, 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 that the racing events would be held. To avoid potential for significant impacts, a Traffic Control Plan is required to be prepared for review and approval by Traffic Engineering and Police Department. The Traffic Control Plan will provide methods to reduce potential traffic impacts on vehicular circulation and parking in the area. Elements ofthe Traffic Control Plan would include a description ofthe signage, striping, delineate detours, flagging operations and any other devices which would be used during events to guide motorists safely to ingress 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 Traffic Control Plan would ensure that access and traffic flow would be maintained, and that emergency access would not be restricted. Additionally, the Traffic Control Plan would ensure that congestion and delay of traffic resulting from the event do not increase significantly or be of a short-tenn nature. As a condition of approval, the final Traffic Control Plan ultimately prepared by CORR management team and approved by the Police Department shall be submitted to the Traffic Engineering Section for review approval prior to the issuance of a Grading Pennit. Other conditions of approval require the applicant to provide fencing or other security features should be provided to discourage patrons from finding their way onto adjacent construction sites. The McMillin Company has requested that fencing be provided that prohibits spectator access into grading operations currently occurring Village Seven. Access controls should be placed at Birch Road from Magdalena A venue in Village Six and from Birch Road south onto Magdalena Avenue at the north end of Village Seven. Fencing should already be in place along the west side of Magdalena extending from Birch Road to the High School entrance. Additional fencing may be warranted is along the remainder of the west side of Magdalena Avenue from the high school entrance to Rock Mountain Road. This would effectively limit access to all active construction areas, including the School District's high school site. In addition, CaRR management team will be required to provide additional infonnation regarding the specific locations where vehicles will enter the project boundary site and where tickets will be taken to address concerns about queuing from adjacent arterials and control ofthe project boundary site. The perimeter fencing to be used shall also be provided with this infonnation to the Planning and Building Department for review and approval two weeks prior to the event to ensure access and entry is adequately controlled. Finally, while it was contemplated to control or eliminate parking in adjacent neighborhoods (Heritage Village One to the north and Santa Venetia Village Six to the east), the Police Department has indicated that as a practical matter this would be difficult to enforce and would be more disruptive to residents. The Police Department is confident that since the cost of parking is covered Page 7, Item: Meeting Date: 07/27/05 in the price ofthe ticket, and the distance to each ofthese residential village is somewhat prohibitive, there should be no need to address parking as an impact in the surrounding residential neighborhoods. Summary of Environmental Effects: The MND for the Temporary Off-Road Race (IS-05-023) identified significant but mitigable impacts to air quality, cultural resources, paleontological resources, geology and soils, hazards and hazardous materials, hydrology and water quality, public services and transportation and traffic. Air quality impacts were primarily related to dust emissions during site preparation and the race event phase. Mitigation to reduce air quality impacts include, but are not limited to, stabilization of exposed soils, mowing of parking lots such that roots of the vegetation remain intact in order to provide soil stabilization, prevention of soil track-out onto paved roads, watering of the race track between each event, and watering of unpaved roads twice per day. Although no impacts to significant recorded archeological sites or historic resources are anticipated to occur, the potential to encounter other buried resources exists. In addition, grading ofthe project site would impact Otay, San Diego and Sweetwater Fonnations, which have high resource potential to bear paleontological resources. Mitigation for these potential impacts includes onsite monitoring during site preparation. The proposed project has the potential to result in significant erosion impacts during the site preparation phase, race event phase and the post-event phase. Erosion control Best Management Practices (BMPs) identified in the Stonn Water Pollution Prevention Plan (SWPPP) would mitigate potential impacts resulting from erosion to less than significant. The BMPs would be identified in the SWPPP, and preparation of a SWPPP to the satisfaction of the City Engineer is a required mitigation measure included in the MMRP. The proposed project has the potential to result in significant impacts associated with leaks/spills of hazardous materials/waste into sensitive habitat areas. Implementation ofBMPs during all phases of the project would mitigate potential impacts associated with hazardous materials/waste to less than significant. The BMPs would be identified in the SWPPP, and preparation of a SWPPP to the satisfaction of the City Engineer is a required mitigation measure included in the MMRP. The project would involve a number of activities that have the potential to result in impacts to hydrology and water quality, such as the potential to contribute pollutants, including oil and grease, suspended solids, metals, gasoline, and pathogens to the receiving waters and erosion from temporary manufactured slopes. BMPs would be implemented at each phase of the project to mitigate potential impacts associated with hydrology and water quality to less than significant levels. The BMPs would be identified in the SWPPP, and preparation of a SWPPP to the satisfaction ofthe City Engineer is a required mitigation measure in the MMRP. 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, emergency medical and fire Page 8, Item: Meeting Date: 07/27/05 services. Preparation of security and medical plans to the satisfaction of the City Police and Fire Chief would mitigate potential impacts to less than significant. There is the potential for localized congestion at ingress and egress points ofthe project and parking impacts on City roadways during the two weekends that the CaRR event would be held. To avoid potential for significant impacts, a traffic control plan would be prepared in accordance with City guidelines by the project applicant and submitted to the City of Chula Vista Engineering for review and approval. The preparation of a traffic control plan would mitigate potential impacts to circulation and parking to less than significant. CONCLUSION: Staff recommends approval ofthe temporary event conditional use pennit based on the findings and conditions as noted in the draft City Council resolution. ATTACHMENTS: 1. Locator Map 2. Planning Commission Resolution PCC-05-067 3. Mitigated Negative Declaration IS-05-023 4. Draft City Council Resolution 5. Application Documents with Disclosure Statement 6. Preliminary Race Track Map 7. Aerial Photo Site Plan Map J: \PLANNING\HARO LD\PCC-05-067 - PCREPORT .DOC ~'%:#I ~~ _ ~r~~~/' / / . /,z~'~~~%-~' ~ r'Ti '~~cD' I / ':;/Y"- Y "';:'~~ =~~:2;>.;:; ~~ -=: I~ ~::::;:y,. ~.~.~~ ~' , . N'/'-::' . ~,."" ' 1.:0> ,~. ,,",.'" ~~""'~'" /; ,~?~,~:~~:::~~,' ....eil ;i;~-"~il~~\">' . "" /' . / ""-C~~' ,Y~"'" '~'C,?' 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CC~..' ~ -w:(J.,2..,' i ~.,yy/", >, r""'~' ~.."I",," .'." /' 'P" ,Y" ,,' ,,^,','/' ,-0'''''''' CC..:<I~Y' , .<;1' I~j :~,"4C" I^,,,"c,'''':P .' 2'''''''~'2 /:(7 @;0 'lcr~%' /~.:;:~~B-, \ ~?3.:?tif<2)~()'/ ~p'~~ ':.~-;Y / ~ ijJ2e.:ci~.cri~./ );;i;(4l/~~;:'''' ., 'c/ /cc'_'-" ,"'0,- -- , ' y cO" leJ C,n ~i ~y;::// '. ". i ~~~~;.~ c'C'11: \:~~ ~ . i . . I ;, A' ../~ //'~ ,;/ \ Village 2 .-......"".,. .-.....-- ."",........"""........-- County of San Diego Landfill , . . , /~ /. ~ 'v/ . . / \ PROJECT \ lOCATION ~ / \ \ /~~ / ~ ~/~~ RESOLUTION NO. PCC-05-067 A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT THE MITIGATED NEGATIVE DECLARATION IS-05-023 AND THE MITIGATION MONITORING PROGRAM, AND GRANT A CONDITIONAL USE PERMIT FOR A TEMPORARY OFF-ROAD RACETRACK ON A PORTION OF THE OTAY RANCH VILLAGES TWO AND FOUR - JAMES BALDWIN. WHEREAS, a duly verified application for a conditional use pennit was filed with the City of Chula Vista Planning and Building Department on May 23, 2005 by James Baldwin, ("Applicant"); and, WHEREAS, the application requests pennission to conduct off-road races on September 24-25 and October 1-2 on a portion of the Otay Ranch Villages Two and Four over approximately 149 acres of land located south of Olympic Parkway, east of the Otay Landfill and west of La Media Road; 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-05-023 in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has detennined that the project could result in significant effects on the environment. However, revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-05-023. WHEREAS, the Planning Commission finds that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-05-023) 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 Commission detennined that the initial study was adequate and recommended adoption of the Mitigated Negative Declaration as to the effects of the proposal on the environment on July 11, 2005 in compliance with the California Environmental Quality Act; and WHEREAS, the Planning Commission set the time and place for a hearing on said conditional use pennit 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 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, Planning Commission Resolution PCC-05-067 Page 2 WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. on July 27, 2005, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. 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 detennined that the approval of conditional use pennit 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 pennit in accordance with the findings 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 27th day of July, 2005 by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: Marco Polo Cortes, Chair ATTEST: Diana Vargas, Secretary J :\PLANNING\HAROLD\REsOLUTIONS\PCC-05-067PCREso.DOC Mitigated Negative Declaration PROJECT NAME: Conditional Use Pennit Championship Off-Road Race for Temporary PROJECT LOCATION: Southwest of the Olympic Parkway/La Media Road Intersection ASSESSOR'S PARCEL NO.: 644-030-11-00, 644-030-07-00, 644-030-14-00 PROJECT APPLICANT: James P. Baldwin CASE NO.: IS-05-023 DATE OF DRAFT DOCUMENT: June 29, 2005 DATE OF RESOURCE CONSERV A TION COMMISSION MEETING: July 11, 2005 DATE OF FINAL DOCUMENT: PREPARED BY: Marni Borg, Environmental Projects Manager A. PROJECT DESCRIPTION The proposed project is a temporary, one-time event involving Championship Off-Road Racing (CORR) on a portion of the Otay Ranch property located south of Olympic Parkway, east of the Otay Landfill and west of La Media Road. Exhibits 1 and 2 depict the proposed project location on a regional and vicinity scale, respectively. The off-road race event will occur on two consecutive weekends, September 23-25 and September 30-0ctober 2,2005. The off-road race event will consist of up to 10 races each day of the event with eight classes of vehicles competing during the CORR: Pro 2 (two-wheel drive), Pro 4 (four-wheel drive), Pro Light, Sportsman Truck, Sportsman 2, Light Buggy, Single Buggy, and Super Buggy. Each race will last approximately 15 minutes. Exhibit 3 provides a graphical depiction of the site layout and orientation of uses for the proposed CORR event. As shown in Exhibit 3, the site plan includes a temporary racetrack, standslbleachers for spectators, food and restroom areas, pit area for race participants, and three onsite parking lots. In addition, offsite parking areas would be available for overflow parking if needed. A description of the site access/parking, site preparation and operation of the various uses are provided below, as well as a description of activities that will occur at the site post- operation. Page 1 of 29 CORR Access and Parking It is anticipated that the CORR event will draw approximately 24,000 spectators per day from the San Diego County region. Access to the CORR event will be from both the Telegraph Canyon Road and Olympic Parkway interchanges at I-805, located approximately four miles to the west. Other local roadways that may be used include Heritage Road, La Media Road, and Birch Road. Entrances into the race area will be provided from Olympic Parkway and La Media Road. Based on an average of 2.5 passengers per vehicle, up to 9,600 parking spaces will be needed. Parking for spectators will occur in designated onsite and offsite areas. A total of 7,797 parking spaces will be provided onsite in three separate parking lots; Parking Lots A and B are located adj acent to the event area and Parking Lot C is a remote lot located southeast of the event area (Exhibit 3). Access to Parking Lot A will be provided by an existing dirt road off of Olympic Parkway and will contain 4,600 spaces; access to Parking Lot B will be from an existing dirt road off of La Media Road and would contain 782 spaces; and Parking Lot C will be accessible from the unpaved portion of La Media and will include approximately 2,415 spaces. A shuttle will be provided to transport spectators from Parking Lot C to the race area. The remaining parking needs will be accommodated in several offsite parking locations. Offsite parking areas will be available on the paved portion of Birch Road east of La Media Road, the paved and unpaved portion of La Media Road (south of Santa Venetia), Otay Ranch High School, and developed areas associated with Village 7 located southeast of the Birch Road and La Media Road intersection. It is anticipated that approximately 2,100 vehicles could be accommodated at offsite parking areas. No race-event parking will be pennitted in residential areas. Race-event staff members will be positioned at entrances into residential areas to direct traffic into designated parking areas. No parking will be pennitted along existing dirt access roads off of Olympic Parkway and La Media Road. Site Preparation Phase Site preparation is anticipated to take approximately three to four weeks prior to race events. Activities associated with site preparation involve grading for the racetrack, 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. In order to reduce soil erosion and dust emissions from parking areas, mowing of existing agricultural fields has been conducted in conjunction with ongoing harvesting activities such that roots and approximately one inch of vegetation will remain intact to stabilize the soil. Grading for the track will involve creation of an inner track approximately 3,600 linear feet in length and a track extension for longer races, which will be approximately 7,200 linear feet in length (Exhibit 3). The temporary track will be designed to include several "humps and bumps," and the maximum cut depth will be approximately 40 feet. Grading for the temporary racetrack is expected to be balanced such that no soil will be imported or exported. No grading will be Page 2 of 29 required for the two main existing access roads into the project site; however, a cover of crushed asphalt will be re-applied to minimize dust emissions. In addition, watering of the access roads will occur throughout site preparation as well as on race days 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 will be located adjacent to the western edge of the racetrack (Exhibit 3). This area, 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 properly contained in accordance with local, state and federal laws. Because the CORR event is temporary, no pennanent 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. A number of BMPs will be installed during this phase for erosion, sediment, dust and trash/debris control. The required BMPs will be described in the Storm Water Pollution Prevention Plan (SWPPP) prepared for the project and will require approval by the City Engineer. These BMPs will be implemented to protect water quality of nearby drainages and air quality in the project vicinity during the site preparation and race events. Race Event Phase As previously mentioned, the race events will occur on two consecutive weekends, September 23-25 and September 30-0ctober 2, 2005. Race events hours will be generally from 8 a.m. to 10 p.m. on Saturdays and Sundays. Up to 10 races will be held each day of the event and will start at approximately 10 a.m. The last race will conclude at approximately 5 p.m. Post race events may include an awards ceremony and live music entertainment. Loud speakers, microphones and other audio-visual equipment will be provided to announce races. Because night-lighting will be limited to the pit area, the awards ceremony and music entertainment will generally conclude at sunset. During the week in-between the race weekends, the race areas will be closed off to the public; 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 Friday, September 22, 2005. Equipment, race vehicles and some race participants/crews will remain onsite for the duration of the event. Overnight use of the site will be limited to only the race participants/crews and security. No overnight camping will be permitted for spectators. Security, fire and medical services will be provided on both weekends of the CORR. 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 ofChula Vista Fire Department and an emergency medical service provider will be available in case of medical emergencies. A security plan and emergency Page 3 0[29 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. During the race, maintenance of racing vehicles will occur within the designated pit area. Maintenance may include refueling, mounting racing wheels, and checking/refilling 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 will be watered on race days to minimize dust emissions. 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. Any containers with hazardous materials/waste will be properly disposed of in accordance with local, state and federal laws. BMPs that provide for erosion control and reduction of sediment transport into drainages, including desilt basins and silt fencing, will remain in place. In addition, any created slopes will be hydro seeded with a native seed mix that incorporates a soil binder/stabilizer at the direction of the City Engineer. The native seed mix will contain drought tolerant, non-invasive plant species as no irrigation will be provided. Stabilization of constructed slopes and other disturbed areas within the project site will occur in accordance with the City's grading ordinance. Discretionary Actions/Other Proiect Approvals The project applicant applied for a Conditional Use Pennit (CUP) for approval to hold the proposed one-time racing event on a portion of the Otay Ranch as shown in Exhibit 2. The purpose of the environmental review provided through this Mitigated Negative Declaration (MND) is to evaluate the potential environmental effects that could result from site preparation necessary for the race, as well as activities associated with the race event. This MND has been prepared by the City as the lead agency and in confonnance with 915070, subsection (a), of the State CEQA Guidelines. The following additional approvals may be required in order to implement the proposed project. · City of Chula Vista Engineering: approval of SWPPP, traffic control plan, and grading pennit; · 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. Page 4 of29 B. PROJECT SETTING The proposed project site is located within a portion of Otay Ranch, in southern San Diego County, California (Exhibit 1). Specifically, the project area occupies approximately 149 acres southwest of the Olympic Parkway and La Media Road intersection in the City of Chula Vista as shown in Exhibit 2. The project site is located on the U.S. Geological Survey 7.5 minute series, Otay Mesa quadrangle, Section 12, Township 18 South, Range 1 West. Olympic Parkway forms the northern border of the proposed project site, with Wolf Canyon located adjacent to the southeastern portion of the site. The future southern alignment of Heritage Road will be the western boundary of the site. La Media Road generally fonns the eastern boundary of the site. With the exception of an offsite area located in Village 7 (east of La Media) that may be used for overflow parking if necessary. The Lower Otay Landfill is located southwest of the site (Exhibit 2). The Lower Otay Reservoir is over three miles east of the project, and Interstate 805 is approximately one mile to the west. The entire project site is topographically diverse with elevations ranging from 200 feet above mean sea level (AMSL) in the southern portion to 535 feet AMSL in the northeastern portion. The project site consists of rolling hills and relatively steep tributary canyons and is situated between two significant ridgelines: Poggi Canyon, which is located to the north and Wolf Canyon, which occurs to the south of the site. Numerous drainages trend north to south into Wolf Canyon, eventually draining into Otay River which is two miles to the south of the site. Poggi Canyon creek runs along the northern border of the site within channels created as part of the Olympic Parkway project. Soils onsite consist of Diablo clays, Diablo-Olivenhain complex, terrace escarpments, Linne clay loams, Olivenhain cobbly loams, and Salinas clay loam (Bowman 1973). The CORR racetrack, location of parking lots and other uses associated with the proposed project were intentionally sited and designed to avoid impacts to sensitive vegetation types. The existing land covers within the footprint of the proposed project, which includes the CORR track, pit area, spectator stands, foodlbeverage area and parking lots, consist of previously graded/developed areas associated with previously approved activities (soil borrow sites and the fonner ranch headquarters), ruderal (weedy) areas adjacent to the ranch headquarters, and agricultural land. The agricultural land consists of dry fanning (primarily barley crops) and cattle grazing. A number of dirt roads also occur on the site. The proposed project area does not contain any natural or sensitive habitats. Surrounding land uses include the Otay Ranch High School immediately north of the site, developed residential uses in Village One located farther to the north (north of the existing Olympic Parkway), developing residential uses in Village Six (east of the existing paved La Media Road), Otay Landfill to the southwest, and undeveloped land to the south and southeast. Page 5 of 29 C. PRIOR APPROVALS AND ENVIRONMENTAL DOCUMENT A TION Otav Ranch General Development Plan/Subre2:ional Plan Pro2:ram 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 GP AlGDP/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 Ranch GDP/SRP plans for ultimate development of the proposed project site. Olympic Parkway MND A portion of the site where the pit areas will be located has been previously graded as a soil borrow site for the construction of Olympic Parkway. As such, the environmental analysis (MND) for Olympic Parkway addressed the environmental effects associated with removal of land covers, and grading of the site. Issues addressed that are relevant to the proposed action included potential impacts associated with erosion, air quality, biological resources and cultural resources. Villa2:e Seven Sectional Plannin2: Area and Tentative Maps EIR Parking Lot C will be located within a portion of Village Four, southeast of Wolf Canyon (see Exhibit 3). The area designated as Parking Lot C has been approved to be graded as a borrow site, which includes a portion of La Media Road south of Birch Road, for the Village Seven SPA and associated Tentative Maps. Impacts associated with the borrow site was discussed in the Village Seven Sectional Planning Area Plan and Tentative Maps Final EIR 04-06 (Certified October 12,2004). The primary issues addressed in the Village Seven Sectional Planning Area Plan and Tentative Maps final EIR 04-06 relative to the borrow site included erosion/water quality/drainage, air quality, biological resources and cultural resources. D. COMPLIANCE WITH ZONING AND PLANS The project site is part of the Otay Ranch General Development Plan (GDP) and Resource Management Plan (RMP). The GDP and RMP were approved by the County of San Diego and the City of Chula Vista in October of 1993. The GDP identifies conceptual development, circulation and open space plans. It is contemplated that each Village of Otay Ranch will be developed in accordance with a Sectional Planning Area (SPA) Plan, which will outline specific development standards and regulations and will function in the same manner as zoning regulations. Current zoning for the site is Planned Community (PC). However, specific Planned Community District Regulations have not yet been adopted, and will be required as part of a future SPA plan Page 6 of29 for Village Two. The proposed activities will be a conditionally pennitted use within the PC zone subject to a CUP. Because the use is temporary, it will not require amendments to the Chula Vista General Plan, or the Otay Ranch GDP. E. IDENTIFICATION OF ENVIRONMENTAL EFFECTS The City of Chula Vista detennined that the proposed project would have significant environmental effects. These effects have been mitigated. The preparation of an Environmental Impact Report would 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 weekends and does not propose any pennanent structures or improvements. The total area that would be used by the proposed event activities encompasses approximately 149 acres, of which 57 acres have already been graded as a soil borrow location for other development in Otay Ranch. Therefore, the project would result in minor grading and surface preparation of approximately 92 acres. Grading will be necessary to prepare the race track. Parking lot areas that have not been already graded as part of a previous approval have been mowed in conjunction with ongoing fanning activities. Because these areas proposed for parking would still appear as harvested agricultural fields and would not be cleared of all vegetation, there would be little visual change for the parking lots. The project has been designed to conform to existing landfonns, and therefore would not result in substantial landform alteration. The proposed activities would include temporary tent-like structures, 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 north and east. However, the majority of the temporary racetrack would not be visible from public roadways. Existing topography surrounding the temporary racetrack would obstruct most views of the racetrack from public roadways. Some nighttime security lighting would occur in limited areas within the race participant areas in the northern portion of the site. As previously mentioned, all race event activities would end by 10 p.m. Because the nighttime lighting would be temporary, occurring over two consecutive 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 project is not anticipated to result in any significant impacts to aesthetics. Air Quality An air quality technical report was prepared for the project and is available at the City of Chula Vista for review. Vehicle traffic would be the main source of air emissions associated with the project. Other project related emissions would occur from grading activities during site preparation and race vehicle emissions generated during race events. Page 7 of 29 Site Preparation Phase Site preparation emissions would be generated from site preparation equipment exhaust and their transport to and from the site, dust generated by site preparation/grading, exhaust from cars and trucks of workers at the site (commute and non-commute), and exhaust from a diesel trucks used for watering. Site preparation is estimated to take 3 to 4 weeks, or at the pace of approximately 6.8 acres per day. The air quality model that was used in the Air Quality Technical Report assumed 22 days (the 1 month default in the program). The results are shown Table 1, which gives the calculated emissions along with significance thresholds for each pollutant. Daily emissions assume that all tasks would be likely to occur simultaneously during some days of the site preparation period. As shown in Table 1, none of the calculated values would exceed the significance thresholds. Therefore, site preparation air quality impacts would be less than significant. Even though the calculated emission levels would exceed existing thresholds, measures are required to further reduce potential fugitive dust impacts during site preparation to below significance (Section G). Race Event Phase The primary source of emissions created during the event would be automotive traffic from spectators, employees, support vehicles, and the race participants. From 10 to 12 vehicles are expected to participate in each race, and each race is expected to last 15 minutes. There would be 15 minute intervals between races, during which trucks would spray water to moisten the racetrack. Up to 40 races are expected to take place over of the four days of competition. In calculating emissions from the racing vehicles, an average speed of 65 mph was used, covering a maximum length of 16.5 miles in the 15 minutes allotted to each race. All portable generators greater than 50HP would have appropriate permits from the California Air Resource Board (CARB), therefore, these emissions are not included in this analysis. Table 2 shows the calculated emissions for the four day event in the month of September using the URBEMIS 2002 model and CARB's EMFAC 2002 emission factors. As shown in Table 2, project operation emissions will not exceed the City's daily significance thresholds and are not considered significant. In addition to measuring overall air quality effects, the analysis for the project examined localized carbon monoxide (CO) impacts. CO is the pollutant of major concern along roadways because the most notable sources of carbon monoxide are motor vehicles. For this reason carbon monoxide concentrations are usually indicative of the local air quality generated by a roadway network, and are used as an indicator of its impacts on local air quality. Local air quality impacts can be assessed by comparing future carbon monoxide levels with State and Federal carbon monoxide standards. Page 8 0[29 As previously mentioned, the CaRR may attract approximately 24,000 spectators. The two intersections along Olympic Parkway near the project were assumed to be at a level of service (LOS) C or below during peak arrival and departure times on the two weekends. Therefore, CO concentrations were modeled at existing sensitive receptors near the intersections of Heritage Road and Olympic Parkway, and La Media Road and Olympic Parkway. Both morning and afternoon CO concentration levels were measured and modeled at these intersections. For the morning scenario, the highest calculated concentration of CO was 10.7 parts per million (ppm) at the corner of Heritage Road and Olympic Parkway. When added to the background of 5.3 pp, the highest concentration from the events phase would be 16 ppm. In the afternoon scenario, a maximum concentration of CO was 1.2 ppm at the corner of La Media road and Olympic Parkway. When added to the CO background, this yields 6.5 ppm. Factors included in these calculations include temperature, travel speeds, traffic volume, meteorology, peak arrival and departure times and wind speed. Thus, both the morning and afternoon peak travel times would result in CO levels well below the State standard of 20 ppm and Federal standard of 35 ppm. Therefore, CO levels due to racetrack operations would be less than significant. Although the calculated emissions levels would not violate existing standards, measures are provided in Section G to further reduce fugitive dust and emission levels. 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 disturbed areas of the site would be hydroseeded to stabilize slopes and reduce runoff during the rainy season. The activities involved with hydroseeding include one truck traveling to the project site and spraying the hydroseed mix onto the effected areas. 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 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. At!ricultural Resources Historically, the project area was used for dry fanning, as well as cattle and sheep grazing. Crop production was limited to hay and grains (typically barley) due to limited water availability. Portions of the property that have not been disturbed by existing grading (soil borrow) or historical use as the ranch headquarters are actively tilled. The project area does not contain designated Prime Fannland, Fannland of Statewide Importance or Unique Fannland (United States Department of Agriculture, Soil Conservation Service, California Department of Page 9 of 29 Agriculture). The site has been locally designated as Fannland of Local Importance and IS identified as Grazing Land. No land within the project areas is subject to the Williamson Act. According to the current vegetation mapping, approximately 74 acres of agricultural land would be included within the areas proposed for grading and use for the proposed project. Grading of agricultural resources would occur for areas designated as the temporary racetrack and pit areas. For areas designated as parking lots, existing agricultural fields have been mowed in conjunction with ongoing harvesting activities such that roots and approximately one inch of vegetation would remain intact to stabilize the soil. Site preparation and the one-time race event would not preclude future continuation of agricultural operations. Grading will not result in substantial removal or alteration of soils suitable for agricultural use. Therefore, implementation of the project would not preclude future ongoing agricultural use of the site, and there would be no impacts to agricultural uses on the site. Biolot!ical Resources Evaluation of biological resources is based on the Biological Resources Report and Impact Assessment for Otay Ranch Villages Two and Three, as well as supplemental field verification perfonned on May 25, 2005 for the proposed project. The field verification consisted of a pedestrian walk-over of the site to visually verify existing site conditions. The proposed activities would take place within areas that are mapped as developed, agriculture, and ruderal habitat (see Table 3). No sensitive habitats or species are within the proposed disturbance area of the project (Exhibit 4). The project would not result in any direct impacts to sensitive biological resources, including sensitive habitats or species. The entire project area has been subject to ongoing disturbance from approved grading, historic development and agricultural uses. These land cover types are not considered sensitive under the Otay Ranch RMP or the City of Chula Vista Multiple Species Conservation Program Subarea Plan. Therefore, the project would not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations. The project site does not support 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 (CDFG) or U.S. Fish and Wildlife Service (USFWS). The project site may offer some foraging habitat for raptors. Although the project would potentially disturb foraging habitat, the proposed use is temporary and would not significantly impact foraging raptors over the long-tenn. In addition, the portion of the site designated for parking has been mowed in conjunction with ongoing agricultural activities, and regeneration of vegetation in those areas could occur. Therefore, the project would not result in direct significant impacts to sensitive habitats or species. Page 10 of29 The wetland delineation performed for the Villages Two and Three Biological Resources Report did not identify any of the drainages within the project disturbance area as jurisdictional waters of the United States under the jurisdiction of the Anny Corps of Engineers or waters of the State under the jurisdiction of the CDFG. Therefore, the project would not have any direct substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act. The project site does not support movement of any native resident or migratory fish or wildlife species, nor is it part of any identified wildlife corridors. Therefore, the project would not result in impacts to wildlife movement. The proposed race event area is included in areas covered by the Otay Ranch GDP and RMP. The RMP identifies Preserve areas within Otay Ranch, and contains policies regarding species and habitat conservation, requirements for conveyance of Preserve land, long-tenn management of the Preserve, and funding for management. In addition to the GDP/RMP for Otay Ranch, the municipalities of southern San Diego County collaborated in producing the MSCP Subregional Plan. The MSCP Subregional Plan is implemented through individual Subarea Plans adopted by each jurisdiction receiving take authorization for covered species. The City of Chula Vista approved their Subarea Plan in 2003, and take authorization was issued in January 2005. The Chula Vista Subarea Plan provides for conservation of upland habitats and species through preserve design, regulation of impacts and uses, and management of the preserve. The project is outside of the designated Preserve areas of both the RMP and the MSCP Subarea Plan. In order to minimize edge effects to the Preserve, adjacency requirements and guidelines have been included in the Subarea Plan. All new developments are required to adhere to these guidelines. Although the CORR event is not a development project, adjacency guidelines are considered for this one-time temporary event. These guidelines fall into the following main categories: drainage, toxic substances, noise, lighting, and invasive species. The project site preparation and uses have the potential to result in indirect impacts associated with dust and erosion/deposition, and runoff into offsite areas containing sensitive biological resources. As described under Hydrology and Water Quality, all project runoff, including from the racetrack, spectator area and parking lots, would drain into one of three desilt basins. In addition, BMPs would be implemented during site preparation, operation of the race and post operation to mitigate potential impacts associated with urban runoff into sensitive habitat areas. In addition, as described under Hazards and Hazardous Material, BMPs would be implemented during all phases of the project to mitigate for potential impacts associated with hazardous waste/toxins entering drainages. These BMPs would be specified in the SWPPP that would be prepared for City review and approval. These measures would reduce dust and runoff effects on offsite areas to less than significant levels. CaRR would involve the use, transport, storage, handling and disposal of toxic substances such as gasoline and other automotive fluids. Use of these substances would occur for a short duration of time for this one-time racing event. No use of these substances would occur in the MSCP Preserve, which is located over 100 feet from the edge of the racetrack and over 500 feet from 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 Page 11 of29 associated with hazardous waste/toxins entering drainages. These BMPs would be specified in the SWPPP that would be prepared for City review and approval. Noise resulting from project related activities could have the potential to disrupt breeding activities of the coastal California gnatcatcher. However, the site preparation activities and the CORR events would occur outside of the breeding season for this species (February 15 through August 15). In addition, the nearest known coastal California gnatcatchers were detected over 500 feet away to the west on the Otay Landfill and in the northwestern portion of Village Two. Therefore, indirect biological impacts associated with noise would be less than significant. Temporary lighting associated with the CaRR event would be limited to the pit area and spectator area. The evening lighting would be necessary for the post race event activities such as the award ceremony and entertainment. All CaRR activities would conclude by 10 p.m. No nighttime lighting is proposed with the exception of limited lighting for security in the northern portion of the site. No post-operation lighting would occur. Because nighttime lighting would be required for a short duration of time (two weekends) until 10 pm in the evening, no indirect lighting impacts are anticipated. In addition, lighted areas are located over 500 feet away from the Preserve. Less than significant indirect lighting impacts are anticipated. To ensure that no adverse effects associated with invasive plant species occur, the hydroseed plant mix would contain native plant species. The hydroseed mix would be applied as a post- construction BMP to prevent erosion on created slopes within the project area. Post-construction BMPs would be described in the SWPPP that would be prepared for City review and approval. With the application of these avoidance measures and BMPs, no significant impact related to invasive species would result. As previously discussed, the project does not contain biological resources that are considered sensitive, or that would contribute to conservation of species that are covered under the Subarea Plan. Therefore, implementation of the proposed temporary uses 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. Cultural Resources Archaeological investigations have been conducted on the project site. Three archaeological sites have been recorded within the project impact area: SDI-11,294H; SDI-12,289; and SDI- 16,679. Two of these sites, SDI-12,289 and SDI-16,679, were identified as small prehistoric camps. These two sites were subjected to testing and evaluation programs and detennined not to be significant. The third site, SDI-11 ,294H, is the location of the Otay Ranch Fann Complex. This historic site was subjected to a data recovery investigation. The investigations of the historic site resulted in the mitigation of impacts to the site from proposed development of the Village Two SPA Plan. No further investigations were required for the historic site. The proposed project would impact these three recorded sites, however, since the resources at these sites were detennined not to be significant, the project would not result in a substantial adverse change in the significance of archaeological or historic resources. Although no impacts Page 12 of29 to significant recorded archeological sites or historic resources would occur, the potential to encounter buried resources exists. Any impacts to unknown buried cultural resources are considered significant. Measures to reduce potential impacts to unknown buried cultural resources to less than significant are provided in Section G and include monitoring by a qualified archeologist during grading activities of the site preparation phase. Geologic fonnations underlying the project site include Otay Fonnation with accumulations of colluvial and alluvial deposits in the drainage course bottoms, the San Diego Fonnation, the Sweetwater Fonnation, Terrace Deposits and the Mission Valley Fonnation. The Otay, San Diego and Sweetwater Fonnations have high resource potential to bear paleontological resources, and the Terrace Deposits and Mission Valley Fonnation have moderate resource potential. Site preparation would involve grading for the temporary track. Maximum cut depth within graded areas would be 40 feet. Site preparation activities have the potential to encounter unknown buried paleontological resources. Potential impacts to such resources are considered significant. Measures to reduce potential impacts to unknown buried paleontological resources to less than significant are provided in Section G and include monitoring by a qualified paleontologist during grading activities for cut slopes. Investigations on the site did not reveal the potential for human remains to be present on the site; therefore, no impacts to such resources are anticipated. Geolo2:V and Soils A preliminary geotechnical investigation performed on the project site indicates that no geotechnical hazards exist within the project vicinity that would have the potential to impact the proposed uses. Site preparation would have the potential to result in significant erosion impacts. Erosion control measures and erosion BMPs are identified in Section G under Hydrology and Water Quality, and would mitigate potential impacts resulting from erosion to less than significant. The erosion control measures and erosion BMPs would also be identified in the SWPPP that would be prepared for City review and approval. With implementation of the proposed mitigation measures during site preparation and operation, impacts resulting from potential soil erosion would be less than significant. Hazards and Hazardous Materials CORR 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 would be identified in the SWPPP that would be prepared for City review and approval. These BMPs are identified as mitigation measures in Section G of this document and 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. The 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 Page 13 of29 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, project impacts related to hazardous materials would be less than significant. H ydrolo2Y and Water Quality The project would involve a number of activities that have the potential to result in potential impacts to hydrology and water quality. During site preparation, grading for the track would occur which may result in exposed soil and temporary stockpiling of soil. During race events, urban runoff from the improved 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 (Total Suspended Solids - TSS): anticipated pollutant from racetrack and non-paved parking areas Metals: anticipated pollutant from pit service area, racetrack, vehicle wash area, and parking lots Oil and Grease: anticipated pollutant from pit service area, racetrack, vehicle wash area, and parking lots Trash, Debris & Floatables: anticipated pollutant from entire site (includes paper, plastic, food waste, etc.) Bacteria and Viruses: anticipated pollutant from restroom facility, trash storage areas, and foodlbeverage areas Organic Compounds and Oxygen-Demanding Substances: anticipated pollutant from pit service area, racetrack, vehicle wash area, parking lots, restroom facilities, and food/beverage areas In order to address these issues, features have been incorporated into the project design to minimize water quality impacts. The project has been designed to maintain a minimum distance of 100 feet to the MSCP Preserve (Exhibit 3). In addition, the racetrack has been designed such that runoff would drain into a treatment BMP and away from the MSCP Preserve and Wolf Canyon. With project design features, potential impacts to hydrology and water quality may still occur; however, BMPs would be implemented at each phase of the project to mitigate potential impacts to less than significant levels. The BMPs would be identified in the SWPPP and would be submitted for City review and approval. Preparation of a SWPPP to the satisfaction of the City Engineer is included in Section G as a mitigation measure to reduce potential impacts to water Page 14 of29 quality to less than significant. BMPs to be identified in the SWPPP may 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 CORR 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. The project site is not within a 100-year flood plain and does not propose construction of pennanent structures. The project would not directly discharge to an existing stonn drain system and would not alter any drainage pattern. Therefore, no impact upon stonn water conveyance capacities would occur. Land Use/Planninf! The proposed project would not permanently alter land use or propose any changes to existing or planned uses. Although the proposed project site is ultimately planned for development, the proposed use is a one-time event and would not preclude the return of the site to its existing uses. Therefore, 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 also be consistent with the City of Chula Vista MSCP Subarea Plan, as it is located within a 100% development area of a Covered Project. Therefore, the project would not result in any impacts to land use and planning. Mineral Resources No locally-important mineral resources are located within the project site. Further, the project 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 impacts to mineral resources are anticipated. Noise An Acoustical Analysis was prepared for the project. Vehicles traveling to and from the project site are anticipated to be the main source of noise associated with the project. Applicable Standards The City of Chula Vista Noise Ordinance restricts times of construction activities from 7:00 a.m. to 7:00 p.m., Monday through Saturday, and prohibits construction on Sundays and holidays. Furthennore, the noise levels from construction activities to residential receptors are not to exceed 75 dB, averaged over a 12-hour period. Fixed source and/or operational noise is also governed by the City of Chula Vista Noise Ordinance (Municipal Code Section 19.68). Specifically, Code 19.68.030 Exterior noise limits designates maximum noise levels for several land use categories. The exterior noise limit Page 15 of29 provided for all residential (except multifamily dwelling uses) is 55 dB(A), whereas, the noise level for multi-family residential dwelling units is designated at 60 dB(A). These noise levels apply from 7:00 a.m. to 10:00 p.m. on the weekdays and 8:00 a.m. to 10:00 p.m. on weekends. 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 19.60.060 (B). Site Preparation Phase Site preparation noise would be generated by diesel engine driven equipment, which are anticipated to be used for site preparation and grading. Additional noise would be generated by typical site preparation activities, such as the use of power equipment. Noise levels during this phase would widely range as a function of the equipment used and the activity level. Earth- moving equipment may produce temporary noise levels ranging from 75 to 90 dB CNEL at a distance of 50 feet from the equipment for short periods during site preparation and grading. Site preparation noise sources are not strictly related to a noise standard because they occur only during selected times, and source strength varies sharply with time. The penalty associated with noise disturbance during quiet hours and the nuisance factor accompanying such disturbance usually leads to time limits on grading activities imposed as conditions on grading pennits. The hours from 7:00 a.m. to 7:00 p.m. from Monday through Saturday have been identified in the City of Chula Vista Noise Ordinance as mitigating construction activity noise impacts to the extent feasible. Limitations on site preparation activities are considered to mitigate short-tenn noise impacts to less than significant levels. No additional mitigation measures are provided. Race Event Phase Several activities associated with the race event would contribute to the overall acoustic impact of the project, including: generators for power; spectator passenger vehicles; paddock and pre- race staging traffic; actual racing; loudspeaker announcements and after race events. Spectators would typically arrive along Olympic Parkway and Telegraph Canyon Road. Other local roads that would provide direct access to the site are La Media Road, Heritage Road, and Birch Road. Driving conditions and traffic control measures would result in spectator vehicle speeds being relatively slow, approximately within the 5 to 15 mph range, and therefore sound levels would be considerably below ambient levels and would not be perceptible at the sensitive receptor locations. Sensitive receptors that have the potential to receive noise from the site include residential development to the north of the project site, across Olympic Parkway (Village One), and residential development to east of the project site across La Media Road (Village Six). Existing weekend morning noise measurements at the sensitive receptors consist of 62.1 dB (A) at Village One (which has a direct line of site to a portion of the proposed track and Olympic Parkway); and 54.7 dB(A) at Village Six (which does not have a direct line of site to the track or Olympic Parkway). There was no traffic along La Media or Birch at the time of measurement. Page 16 of29 Single car sounds at 50 feet from the source are reported to be 100dB. This noise level is monitored by CORR. The "race start sounds" at 50 feet from the source are reported as 113dB. Using standard spherical spreading for a point source, the distance to specific noise levels was calculated. With individual vehicles producing 100dB at 50 feet, five vehicles would produce 107 dB. Using 107 dB at 50 feet from the track, it is predicted that neighboring residents could be exposed to noise levels up to 75 dB. This analysis assumes direct line of sight to the track. It does not consider existing structures or terrain features such as open earth, topography and trees as potential noise limiting sources. Noise levels also decay with distance. The potential for any specific receiver to be exposed to noise from a race event will depend upon its particular configuration relative to the race site. In addition to noise generated from racing activities, post race events such as commentators on loud speakers and mini concerts would be held at the project site until sunset. Due to the distance of the residential units to the site, the sound attenuation that is already in place along properties exposed to Olympic Parkway and La Media Road, and the hours of activities, impacts would be less than significant. Chapter 19.68 of the City of Chula Vista Municipal Code provides the performance standards and noise control regulations in the City. Section 19.68.060 exempts: .. . occasional outdoor gatherings, public dances, shows and sporting and entertainment events, provided the events are conducted pursuant to a pennit or license issued by the city relative to the staging of the events. As previously noted, the race event would only occur for four days (two weekends). It is not a regularly scheduled activity and will not occur at this location again. The noise generated will be intennittent in that races would not occur continuously. It is a sporting and entertainment event, and therefore is not covered by the noise control ordinance. While the noise generated by the proposed project may exceed established levels provided by Code 19.68, it would represent a one-time annoyance depending upon the number of events, the time between events, the time the events occur, the distance to the event and line of sight to the event. Because it is classified as a temporary outdoor gathering and is exempt from the provisions of the Noise Ordinance, would potentially result in elevated noise levels intermittently over four days, it is not considered a significant noise impact. Post Race Event Phase Noise generated from the post race event phase would be limited to clean up activities such as the removal of trash, and hazards materials or waste. In addition to clean up activities, hydroseeding would occur to constructed slopes and other disturbed areas within the project site. These activities would require the use of a couple of trucks traveling to and from the project site. These truck trips would be less than those generated during the site preparation phase and would not be significant noise sources. Clean-up and hydroseeding activities would be short-tenn in nature and are not considered significant. Therefore, impacts would be less than significant. Page 170[29 Population and Housing The proposed project would not change land uses or propose activities that would affect population or housing growth. Public Services The proposed project would not involve changing land uses that would result in increased pennanent 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 1640 Santa Venetia, approximately one-half mile to the east. In order to reduce impacts associated with accidents, security and safety, measures included in Section G of this document would mitigate potential impacts to less than significant. Recreation The proposed project would not involve changing land uses that would result III increased demand for recreational facilities or services. Tra ns po rtatio n/Traffic It is estimated that approximately 9,600 vehicles per day of the event would access the site, via Olympic Parkway and La Media Road. It is not anticipated that the additional traffic associated with the event would result in unacceptable levels of service on any affected roadway. However, 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 that the CaRR event would be held. To avoid potential for significant impacts, a traffic control plan would be prepared in accordance with City guidelines by the project applicant and submitted to the City of Chula Vista Engineering for review and approval prior to issuance of the CUP. The preparation of a traffic control plan would mitigate potential impacts to circulation and parking to less than significant. 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 used during events to guide motorists safely to ingress 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 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 delay of traffic resulting from the event are not substantially increased and would be of a short-tenn nature. Utilities and Service Systems The proposed project would not involve changing land uses or activities that would result in increased demand for utilities. Because the project would be a one-time event, no permanent Page 18 of29 utilities would be constructed. Generators would provide power for lighting and electricity. Portable restrooms and water would also be brought in for use during the CORR. 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. F. PUBLIC COMMENTS On May 20, 2005, a Notice of Initial Study was circulated to property owners within a 500-foot radius of the proposed project site. The notice period ended June 2,2005. No written comments were received in response to the Notice of Initial Study. G. MITGA TION NECESSARY TO AVOID 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 A to this MND. Air Quality 1. Prior to approval of any grading pennit, the following measures shall be placed as notes on all grading plans and implemented during grading of each phase of the project: · Workers shall perfonn excavation, grading, materials handling, and hauling in compliance with SDAPCD Regulation 4, Rules 52 and 54 regarding fugitive dust for Control of Fine Particulate Matter (PM 1 0). Specific measures to be included in construction specifications shall address the maintenance of adequate moisture content in soils to be excavated and transported; the stabilization of exposed graded areas; the cleaning of paved roads to be used as haul roads; paving or alternate treatment of unpaved roads considered for haul roads; and prevention of soil track-out from construction areas onto paved roads. · Low emission mobile construction equipment shall be used, where feasible. · The construction contractors shall obtain applicable air quality pennits for any portable or stationary internal combustion engine subject to SDAPCD pennit requirements. · To reduce fugitive dust, the graded area, the temporary stockpile material, and the unpaved roads shall be watered twice a day to reduce PM 1 0 levels. A stockpile pennit from APCD is already in place for the site. Page 19 of29 · Truck 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 of trucks and other construction equipment shall be minimized. · Groundcover on the construction site shall be re-established through seeding and watering on those portions of the site that will not be disturbed for lengthy periods (such as two months or more). · The streets shall be swept immediately when silt is carried over to adjacent public thoroughfares. · Grading operations shall be suspended when wind speeds (as instantaneous gusts) exceed 25 mph. · Construction equipment engmes shall be maintained by keeping them properly tuned. · Low sulfur fuel shall be used for stationary construction equipment. · Existing power sources (e.g., power poles) or clean fuel generators rather than temporary power generators shall be used, whenever feasible. · The short and long tracks shall be watered by four trucks during each 15- minute rest period. · All parking lots 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. Cultural Resources 2. Prior to approval of the grading pennit, the Applicant shall incorporate into grading plans, to the satisfaction of the City Engineer and Environmental Review Coordinator, the following: · Construction monitoring shall be conducted by a qualified archeologist during grading activities. The monitoring shall be perfonned to detennine if there is Page 20 of29 likelihood for buried cultural resources (i.e., hearths) to be present. In the event buried resources are encountered, grading shall be temporarily halted or redirected to another area while the nature of the discovery is evaluated. Resources that are encountered shall be tested to detennine if the resource is significant. If testing detennines the resource is significant, then a data recovery program shall be developed to mitigate impacts resulting from grading. · Prior to approval of the grading permit, the applicant shall confinn to the City of Chula Vista that a qualified paleontologist has been retained to carry out the following mitigation program. (A qualified paleontologist is defined as an individual with a M.S. or Ph.D. in paleontology or geology who is familiar with paleontological procedures and techniques.) The paleontologist shall attend pregrade meetings to consult with grading and excavation contractors. · During grading operations, a paleontological monitor shall be on-site at all times during the original cutting of previously undisturbed sediments of highly sensitive geologic fonnations (i.e., Otay Fonnation) to inspect cuts for contained fossils. (A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials.) The paleontological monitor shall work under the direction of a qualified paleontologist. The monitor shall periodically (every several weeks) inspect original cuts in deposits with unknown resource sensitivity (alluvium). · In the event that fossils are discovered in unknown sensitive fonnations, it may be necessary to increase the per-day field monitoring time. Conversely, if fossils are not discovered, the monitoring effort may be reduced. · When fossils are discovered, the paleontologist (or paleontological monitor) shall recover them. In instances where recovery requires an extended salvage time, the paleontologist (or paleontological monitor) shall be allowed to direct, divert, or halt grading to allow recovery of fossil remains. Where deemed appropriate by the paleontologist (or paleontological monitor), a screen washing operation for small fossil remains shall be set up. · Prepared fossils, along with copies of all pertinent field notes, photographs, and maps, shall be deposited in a scientific institution with paleontological collections such as the San Diego Natural History Museum. A final summary report shall be completed which outlines the results of the mitigation program. This report shall include discussion of the methods used, stratigraphy exposed, fossils collected, and significance of recovered fossils. Geolo2'V and Soils 3. Prior to approval of the grading pennit, the applicant shall prepare a SWPPP to the satisfaction of the City Engineer. The grading plans shall incorporate, to the satisfactionw Page 21 of29 of the City Engineer, erosion control measures and erosion BMPs as identified in the SWPPP. Hazards and Hazardous Materials 4, Prior to approval of the grading pennit, the applicant shall prepare a SWPPP to the satisfaction of the City Engineer. The grading plans shall incorporate, to the satisfaction of the City Engineer, containment area BMPs as identified in the SWPPP. Hydrolo2V and Water Quality 5. Prior to approval of the grading pennit, the applicant shall prepare a SWPPP to the satisfaction of the City Engineer. The grading plans shall incorporate, to the satisfaction of the City Engineer, erosion control measures and erosion BMPs as identified in the SWPPP. Public Services 6. Prior to approval of the grading pennit, 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 staffrequired. 7. Prior to approval of the grading plan, the project applicant shall prepare a medical plan to be approved by the Chula Vista Fire Chief prior to the start of the CaRR events. The medical plan shall detail, among other items, 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. 8. Prior to the approval of the grading plan, 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. 9. 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. 10. The track will be situated 8 feet below the concrete barriers 11. In accordance with the approved medical plan, emergency medical equipment and personnel and ambulance will be present during the tenn of the race event. 12. In accordance with the approved security plan, both unifonned police and private security personnel will be stationed onsite and offsite, as needed. Page 22 of29 Trans po rtation/Traffic 13. Prior to issuance of the grading pennit, 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. I agree to implement the mitigation measures required as stated III this Section G of this Mitig'}ted Negative Declaration. /)(l/JL{ilj~ Name, Title /2J!jJf/!;tZlcktiJVL Date: 6/29/05 G. CONSULTATION City of Chura Vista Marilyn Ponseggi, Environmental Review Coordinator Marni Borg, Environmental Projects Manager Dino Serafini, Civil Engineer Jamal Naji, Assistant Civil Engineer, Land Development Khosro Aminpour, Civil Engineer, Land Development David Marshall, Police Department Richard Coulson, Police Department Don Redmond, Police Department Doug Perry, Fire Department Kirk Ammennan, Public Works Rick Rosaler, Principal Planner, Planning Department Harold Phelps, Associate Planner, Planning Department Applicant's A2:ents Dudek and Associates, Joe Monaco, Myloc Nguyen and Elizabeth Candela Hunsaker & Associates, Eric Moso1go Geocon, Inc., Nathan Ash Brian F. Smith and Associates, Brian Smith Doctor Decibel, Charles Kulmann Aerocorp, Joe Catalano Page 23 of 29 Applicant and Applicant Representatives James P. Baldwin, Applicant Ranie Hunter, Applicant Representative Documents · Otay Ranch General Development Plan/Subregional Plan Program EIR (Program EIR 90-01), October, 1993. · Otay Ranch Village 2 Racetrack Archaeological Review Letter, Brian F. Smith and Associates, May, 2005 · Otay Ranch Village 2 East Racetrack, Chula Vista California, Review of Geotechnical Conditions, Geocon, May, 2005. · Acoustical Analysis Championship Off Road Racing (CORR) Event, Doctor Decibel, May, 2005 · Biological Resources Report and Impact Assessment for Otay Ranch Villages Two and Three, Dudek and Associates, March, 2005 · Air Quality Assessment for the Proposed Otay Ranch Racetrack, Aerocomp, June, 2005 H. ENVIRONMENTAL DETERMINATION I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described in this document and the MMRP (Attachment A) have been added to the project or agreed to by the Applicant prior to release of this document for public review. Such mitigation measures will avoid or reduce the environmental effects of the proposed project to below significance. This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the Guidelines for the California Environmental Quality Act (CEQA) as amended January 2005. This report reflects the independent judgment of the City of Chula Vista. Further information regarding the environmental review of this project is available from the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 91910. Date: Marilyn R. F. Ponseggi Environmental Review Coordinator Page 24 of 29 Orange County F allbrook Camp Pendleton Alpine San Diego o 4 ,Miles 8 ~ Mexico Conditional Use Permit for Championship Off-Road Race IEXHIBITI Regional Map 1 II) ... u ~ c. ! ... c CI E c. ~ w ~ Q ~~ , A-//'/\\ I" ~..~~, \ \1 \1 \ \ \ \ " 0):" \--\1-/-\'- "'" t: ..-----".~v. /-" \\ \, If \\~ \ -I > \," \" ' \\ -I'" \ \ ,>-2' ,\ \:> ' -" I / "..\ -:_~-~~:://~/ \ \ /_/< C) ~ ,,', /_'\//'~'/ ~ W '<~, \ .//_""" \ -I ::: '1'1 \, :; 2 \\ \ ~ I' , - '1,1, I , ~. \ \ ,I \ _.--.,-....-.......... _/:.~\\f../r ....-..- .-...-_.~./ ,-'" \ \ \ \ \ ~. \ \ \ \ \ \, \\, '. ~ \ w ... " 0/.\.... ,~ ~~//:// .,.~ II !CI:"/ C) :>', ,... ~ <t .:::::::.1 ..I "S ::! > _------4. \ \ ~..\ ~.....-....-. .--_.-.~ \, .... \' \ '''-''- - ---....._-- in m C,\ 100 ct .Ii: U ~ ~ ... o II) .... 's :i ~ G) 11'1 \ \ \ \.-->.../---",/ ..r------------ -- ...... i .' I. II I 'E , QJ ". E 1:: ro. c. QJ o -....,CtJ I~ N I Q.. ~ ~ CJ (.) ca c: "'C ctS o c: ~ - o Co :E CI) c:: o .- Co E ca ..c:: U ~ I- e I- e.> S ~ o - .'!::: E ~ Q) c.. Q) CI) ::) ctS c:: .S! .'!::: "'C c:: o U TABLE 1 Estimated Daily Site Preparation Emissions Controlled in Comparison to South Coast Air Quality Management District (SCAQMD) California Environmental Quality Act (ECQA) Thresholds (Also Applied by the City of Chula Vista) Site preparation emissions SCAQMD CEQA significance threshold Threshold exceeded? 97.26 550 No 12,7 75 No 95.4 100 No o 150 No 72.4 150 No TABLE 2 Estimated Emissions from Project Operation Vehicular Traffic Race and su ort vehicles Total 0 eration emissions SCAQMD Thresholds Threshold Exceeded TABLE 3 Land Cover Types Non.Sensitive Vegetation Communities Agriculture Ruderal Developed Land 106,2 4,2 38.6 Page 29 of 29 ATTACHMENT "A" Mitigation Monitoring Reporting Program IS-05-023 This Mitigation Monitoring Reporting Program (MMRP) is prepared for the City of Chula Vista in conjunction with the proposed Conditional Use Pennit (CUP) for Temporary Championship Off-Road Race (IS-05-023). The proposed project has been evaluated in a Mitigated Negative Declaration (MND) 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 on Mitigated Negative Declarations, such as IS-05-023. The Mitigation Monitoring Reporting Program for this project ensures adequate implementation of mitigation for the following potential impacts(s): 1. Air Quality During site preparation, emissions would be generated from site preparation equipment exhaust and their transport to and from the site, dust generated by site preparation/grading for the temporary racetrack, exhaust from cars and trucks of workers at the site (commute and non- commute), and exhaust from a diesel trucks used for watering. Based on air quality modeling conducted for the project site preparation phase, calculations of air emissions were detennined to be below significance thresholds. During race events, the primary source of emissions created by the project would be automotive traffic from spectators, employees, support vehicles, and the race participants. Air quality modeling conducted for the race event phase was detennined to below significance thresholds. Although calculations of air emissions generated during the site preparation and race event phase were detennined to be below significance thresholds, project features that further reduce fugitive dust emissions have been required as mitigation measures to ensure implementation and are included in this MMRP. 2. Cultural Resources The proposed project would impact three recorded sites; however, the resources at these sites were detennined not to be significant. Although no impacts to significant recorded archeological sites or historic resources will occur, the potential to encounter other buried resources exists. In addition, grading of the project site would impact Otay, San Diego and Sweetwater Formations, which have high resource potential to bear paleontological resources, and the Terrace Deposits and Mission Valley Fonnation, which have moderate resource potential. Any impacts to unknown buried cultural and paleontological resources are considered significant. Measures to reduce potential impacts to unknown buried cultural and paleontological resources to less than significant are provided in this MMRP. 3. Geology and Soils The proposed project has the potential to result in significant erosion impacts during the site preparation phase, race event phase and the post-event phase. Erosion control Best Management Practices (BMPs) identified in the Stonn Water Pollution Prevention Plan (SWPPP)would mitigate potential impacts resulting from erosion to less than significant. The BMPs would be identified in the SWPPP, and preparation of a SWPPP to the satisfaction of the City Engineer is a required mitigation measure included in this MMRP. 4. Hazards and Hazardous Materials The proposed project has the potential to result in significant impacts associated with leaks/spills of hazardous materials/waste into sensitive habitat areas. Implementation of BMPs during all phases of the project would mitigate potential impacts associated with hazardous materials/waste to less than significant. The BMPs would be identified in the SWPPP, and preparation of a SWPPP to the satisfaction of the City Engineer is a required mitigation measure included in this MMRP. 5. Hydrology and Water Quality The project would involve a number of activities that have the potential to result in impacts to hydrology and water quality. During site preparation, grading for the track would occur which may result in exposed soil and temporary stockpiling of soil. During race events, urban runoff from the improved site has the potential to contribute pollutants, including oil and grease, suspended solids, metals, gasoline, and pathogens to the receiving waters. Once the CaRR event is complete, some portions of the site, including manufactured slopes, may be exposed and susceptible to erosion. BMPs would be implemented at each phase of the project to mitigate potential impacts to less than significant levels. The BMPs would be identified in the SWPPP. Preparation of a SWPPP to the satisfaction of the City Engineer is included as a mitigation measure in this MMRP to reduce potential impacts to water quality to less than significant. 2 6. Public Services 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, emergency medical and fire services. Preparation of security and medical plans to the satisfaction of the City Police and Fire Chief would mitigate potential impacts to less than significant. 7. Transportation/Traffic 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 that the CORR event would be held. To avoid potential for significant impacts, a traffic control plan would be prepared in accordance with City guidelines by the project applicant and submitted to the City of Chula Vista Engineering for review and approval. The preparation of a traffic control plan would mitigate potential impacts to circulation and parking to less than significant. Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinator shall be the Environmental Review Coordinator for the City of Chula Vista. It shall be the responsibility of the applicant to ensure that the conditions of this MMRP are met to the satisfaction of the Environmental Review Coordinator. Evidence in written fonn confinning compliance with the mitigation measures specified in the Otay Ranch Conditional Use Pennit for Temporary Championship Off-Road Race (IS-05-023) shall be provided by the applicant to the Environmental Review Coordinator. The Environmental Review Coordinator will thus provide the ultimate verification that the mitigation measures have been accomplished. 3 0\ "-- N \0 "-- N o o V> ~ ~n~ -d ;J I:: <!'3, ~ '2. (1) ;;j' ~ ~ ij' 8 3 tIl (1) 0"'::3 rog.~~q ~ ~. tn ~. ~ . 0 s.., ....... 5 g.~ g" (/);:;;~8 o~ ~ ~ ~ 5~ ;;J ();;3~ o :J -, Q -g~tn~ ::10ey::r ::j 0 ..., p:. ~'3 0:> = 0"'::30 C '< 0"' ~. Ej o 5' ::3 w . 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I:T iD (') o 3 3 CD :J ur s:: ..... <0 ~ o' ::J s:: o ~. o ..., S' <0 Q) ::J a. ;;0 CD -0 o ~ ::J <0 "0 ..., o <0 ..., Q) 3 ~~~ ~ --::... ......"'-- ENVIRONMENTAL CHECKLIST FORM mY OF G-IUIA VISTA 1. Name of Proponent: James P. Baldwin 2. Lead Agency Name and Address: City of Chula Vista Planning and Building Department 276 Fourth A venue Chula Vista, CA 91910 3. Addresses and Phone Number of Proponent: 610 West Ash Street Suite 1500 San Diego, CA 92101 4. Name of Proposal: Conditional Use Permit for Temporary Championship Off-Road Race 5. Date of Checklist: June 22, 2005 6. Case No. IS-05-023 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? Comments: 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. While the proposed activities may be visible from some existing residential areas the use would be temporary and would not permanently alter the aesthetic or visual character of the site. 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? Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporated Impact No Impact 0 0 [8] 0 0 0 [8] 0 o o o o [8] o o [8] 6/29/2005 Less Than Significant Potentially With Less Than ISSUES: Significant Mitigation Significant Impact Incorporated Impact No Impact 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 Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project:: a) Convert Prime Fannland, Unique Fannland, or Fannland of 0 0 [81 0 Statewide Importance (Fannland), as shown on the maps prepared pursuant to the Fannland Mapping and Monrtoring Program of the California Resources Agency, to non-agricunural use? b) Conflict with existing zoning for agricunural use, or a Williamson 0 0 [81 0 kt contract? c} Involve other changes in the existing environment, which, 0 0 [81 0 due to their location or nature, could result in conversion of Farmland, to non-agricultural use? Comments: 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. Implementation of the project would not preclude future ongoing agricultural use of the site. 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 applicable air 0 0 [81 0 quality plan? b) Violate any air quality standard or contribute substantially to an 0 0 [81 0 existing or projected air quality violation? c) Resun in a cumulatively considerable net increase of any crrteria 0 0 [81 0 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 sensrtive receptors to substantial pollutant 0 [81 0 0 concentrations? e) Create objectionable odors affecting a substantial number of 0 0 [81 0 people? Comments: Neither construction related activities nor operational aspects of the project were determined to exceed significance thresholds for air quality. Additional detail is provided in the Air Quality Assessment Report available at the City for review. 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, sensrtive, 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 sensrtive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? o o o [81 o o o [81 6129/2005 2 c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water kt (including, but not lim~ed to, marsh, vemal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? 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 s~es? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? ~ Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state haMat conservation plan? Comments: The proposed activities would take place within areas that are mapped as developed, agriculture, and ruderal habitat. No sensitive habitats or species are within the proposed footprint of the project. Therefore, the project would not result in any direct impacts to sensitive biological resources. Potential indirect impacts to coastal California gnatcatcher, resulting from noise generated during the race event are avoided by conducting the race event outside of the breeding season for this species (February 15 through August 15). Therefore, impacts would be less than significant. ISSUES: Potentially Significant Impact o Less Than Significant With Mitigation Incorporated D No Impact D Less Than Significant Impact [gJ o D o [gJ o D [gJ D o o [gJ D V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a 0 [gJ D D historical resource as defined in 915064.5? b) Cause a substantial adverse change in the significance of an 0 [gJ 0 D archaeological resource pursuant to 9 15064.5? c) Directly or indirectly destroy a unique paleontological resource 0 [gJ 0 0 or s~e or unique geologic feature? d) Disturb any human remains, including those interred outside of ODD [gJ formal cemeteries? Comments: The proposed project will impact three recorded cultural resources sites; however, since the resources at these sites were determined not to be significant, the project would not result in a substantial adverse change in the significance of archaeological or historic resources. Although no impacts to significant recorded archeological sites or historic resources would occur, the potential to encounter buried resources exists. Any impacts to unknown buried cultural resources are considered significant. Measures to reduce potential impacts to unknown buried cultural resources to less than significant include monitoring by a qualified archeologist during grading activities of the site preparation phase. Geologic formations underlying the project site include Otay Formation with accumulations of colluvial and alluvial depostis in the drainage course bottoms, the San Diego Formation, the Sweetwater Formation, Terrace Deposits and the Mission Valley Formation. The Otay, San Diego and Sweetwater Formations have high resource potential to bear paleontological resources, and the Terrace Deposits and Mission Valley Formation have moderate resource potential. Site preparation would involve grading for the temporary track. Maximum cut depth within graded areas would be 40 feet. Site preparation activities have the potential to encounter unknown buried paleontological resources. Potential impacts to such resources are considered significant. However, measures to reduce potential impacts to unknown buried paleontological resources to less than significant include monitoring by a qualified paleontologist during grading activities for cut slopes. Investigations on the site did not reveal the potential for human remains to be present on the site; therefore, no impacts to such resources are anticipated. 6129/2005 3 ISSUES: VI. GEOLOGY AND SOILS n 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 fau~, as delineated on the 0 0 [8J 0 most recent Alquist-Priolo Earthquake Fau~ 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. ii. Strong seismic ground shaking? 0 0 [8J 0 iii. Seismic-related ground failure, incltx:ling liquefaction? 0 0 [8J 0 iv. Landslides? 0 0 [8J 0 b) Result in substantial soil erosion or the loss of topsoil? 0 [8J D D c) Be located on a geologic unit or soil that is unstable, or that 0 0 [8J D would become unstable as a resu~ of the project, and potentially resu~ in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the 0 0 [8J D Un~onn Building Code (1994), creating substantial risks to lITe or property? e) Have soils incapable of adequately supporting the use of 0 0 0 [8J septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Comments: A preliminary geotechnical investigation performed on the project site indicates that the no geotechnical hazards exist within the project vicinity that would have the potential to impact the proposed uses. Site preparation would have the potential to result in erosion impacts. Erosion control measures and erosion Best Management Practices are identified in Section VIII, as part of the Storm Water Pollution Prevention Plan (SWPPP). With implementation of the proposed measures, impacts would be less than significant. 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 Govemment 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 Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact o [8J D D o [8J D D o o [8J D o D [8J D o o o [8J 6/29/2005 4 Less Than Significant Potentially With Less Than ISSUES: Significant Mitigation Significant Impact Incorporated Impact No Impact airport or public use airport, would the project resutt in a safety hazard for people residing or working in the project area? ~ For a project within the vicinity of a private airstrip, would the D D D ~ project resutt in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted D D D ~ emergency response plan or emergency evacuation plan? h) Expose people or structures to a signifrcant risk of loss, injury or D D D ~ death involving wildland frres, including where wildlands are adjacent to urbanized areas or where residences are intennixed with wildlands? Comments: The proposed project includes features that are incorporated into the project design that provide control over the use of hazardous materials (gasoline and engine fluids) associated with the proposed activities. Specifically, all of the vehicle wash out and oil storage areas will be lined with impervious materials to prevent the release of fluids. All vehicle fluids will be collected and disposed of in accordance with the specifications contained in the SWPPP, outlined in Section VIII, below. VIII. HYDROLOGY AND WATER QUAUTY. Would the project:: a) Resutt in an increase in pollutant discharges to receiving waters (including impaired water bodies pursuant to the Clean Water Act Section 303(d) list), resutt in significant atteration 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 pennits have been granted)? Resutt in a potentially significant adverse impact on groundwater quality? c) Substantially atter the existing drainage pattern of the site or area, including through the atteration of the course of a stream or river, in a manner, which would resutt in substantial erosion or siltation on- or off-site? d) Substantially atter the existing drainage pattem of the site or area, including through the afieration of the course of a stream or river, substantially increase the rate or amount of surface runoff in a manner which would resutt in flooding on- or off-site, or place structures within a 100-year flood hazard area which would impede or redirect flood flows? e) Expose people or structures to a signifICant risk of loss, injury or death invoMng flooding, including flooding as a resutt of the failure of a levee or dam? ~ Create or contribute runoff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? D D ~ D D D D ~ D ~ D D D D D ~ o o o ~ o D o ~ 6/29/2005 5 ISSUES: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: The proposed project is required to maintain a SWPPP, which will address specific measures that will control erosion and water quality impacts through Best Management Practices (BMPs). Implementation of the proposed BMPs will result in potential impacts to water quality be reduced to less than significant levels. Because of the scope of activities proposed and the short duration of the proposed project, it 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. The project site is not within a 100-year flood plain and does not propose construction of permanent structures. The project would not discharge to an existing storm drain system, and would therefore have no impact upon storm water conveyance capacities. IX. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? ODD [gI b) Conflict with any applicable land use plan, policy, or regulation 0 D D [gI 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 ODD [gI community conservation plan? Comments: 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 also be consistent with the City of Chula Vista MSCP Subarea Plan, as it is located within a 100% development area of a Covered Project. Therefore, the project would not result in any impacts to land use and planning. X. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that ODD [gI would be of value to the region and the residents of the state? b) Resun in the loss of availability of a locally-important mineral ODD [gI resource recovery site delineated on a local general plan, specifIC plan or other land use plan? Comments: No locally-important mineral resources are located within the project site. Further, the project 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 impacts to mineral resources are anticipated. XI. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess 0 0 [gI D 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 0 0 ~ 0 vibration or groundbome noise levels? c) A substantial permanent increase in ambient noise levels in the 0 0 D [gI project vicinity above levels existing without the project? 6/29/2005 6 ISSUES: Potentially Significant Impact o Less Than Significant With Mitigation Incorporated o Less Than Significant Impact o No Impact o 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? ij 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: Construction noise would be generated by diesel engine driven construction equipment which is anticipated to be used for site preparation and grading. Additional noise would be generated by normal construction activities, such as the use of power equipment. Limitations on construction activity are considered to mitigate short-term noise impacts to less than significant levels. o o o o o o o o Noise associated with operation of the racing event would be exempt from the governing noise Ordinance, and therefore, the project would not violate any established standards. In addition, the project is not a permanent use, and would therefore not result in a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. The project is also not located in proximity to a public or private airport that would result in noise impacts on proposed uses. XII. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly 0 0 0 0 (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 housing, necessitating 0 0 0 0 the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the 0 0 0 0 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 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: 6/29/2005 7 Fire protection? Police protection? Schools? Parks? Other public facilities? 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. The closest fire station that would respond to an incident at the project site is located at 1640 Santa Venetia, approximately one-half mile to the east. In order to reduce impacts associated with accidents, security and safety, measures would mitigate potential impacts to less than significant. Implementation of the accident prevention and security/safety measures during site preparation and operation of the CORR would reduce impacts to less than significant. ISSUES: XIV. RECREATION. Would the project: Potentially Significant Impact o o o o o Less Than Significant With Mitigation Incorporated [8J [8J o o o Less Than Significant Impact o o o o o No Impact o o [8J [8J [8J a) Increase the use of existing neighborhood and regional 0 0 0 [8J 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 or require the 0 0 0 [8J construction or expansion of recreational facilities which have an adverse physical effect on the environment? Comments: The proposed project would not involve changing land uses that would result in increased demand for recreational facilities or services, XV. TRANSPORTATION /TRAFFIC. Would the project: a) Cause an increase in traffIC which is substantial in relation to the existing traffic load and capacity of the street system (Le., resu~ 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) Resu~ in a change in air traffIC pattems, 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., fann equipment)? e) Resu~ in inadequate emergency access? ij Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting altemative transportation (e.g., bus tumouts, bicycle racks)? o [8J o o 0 0 0 [8J 0 0 0 [8J 0 0 0 [8J 0 0 0 [8J 0 [8J 0 0 0 0 0 [8J 6129/2005 8 ISSUES: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Comments: It is estimated that approximately 7,000 vehicles per day of the event would access the site, via Olympic Parkway and La Media Road. It is not anticipated that the additional traffic associated with the event would result in unacceptable levels of service on any affected roadway. However, 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 that the CORR event will be held. To avoid potential for significant impacts, a traffic control plan would be prepared by the project applicant and submitted to the City of Chula Vista for review and approval prior to issuance of the CUP. The preparation of a traffic control plan would mitigate potential impacts to circulation and parking to less than significant. Elements of the traffic control plan would include, but not limited to, a description of the offsite parking areas, signage, location of event staff directing traffic, and points of ingress/egress. XVI. UTlLmES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or resun in the construction of new water or wastewater treatment facilfties or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or resun in the construction of new stonn water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Resun in a detennination 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? D D D D D D [8] [8] [8] [8] [8] ~ Be served by a landfill with sufficient pennitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? Comments: The proposed project would not involve changing land uses or activities that would result in increased demand for utilities. D D o D D o D D o D D o [8] [8] o XVII. THRESHOLDS: Will the proposal adversely impact the City's Threshold Standards? A) Library 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 D o o o [8] o 6/29/2005 9 o D [8] o ISSUES: 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 of 7.5 minutes or less. C) Fire and Emerqency Medical Emergency response: Properly equipped and staffed fire and medical un~s 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) "0' 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) Orainaqe 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 Plan(s) 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 Plan(s) and City Engineering Standards. H) Water The Threshold Standards require that adequate storage, treatmen~ and transmission facil~ies 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 the City of Chula VISta has in effect at the time of building perm~ issuance. Comments: See comments under section XIII and XIV. XVIII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade 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- Potentially Significant Impact o o o o o o o Less Than Significant With Mitigation Incorporated ~ ~ o o o o o less Than Significant Impact o o o o o o ~ No Impact o o ~ [gJ [gJ [gJ o 6/29/2005 10 ISSUES: Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant Impact 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 Califomia history or prehistory? b) Does the project have impacts that are individually limited, but D D [8] D 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 which will cause D D [8] 0 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. XIX. PROJECT REVISIONS OR MITIGATION MEASURES See MND 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. D Land Use and Planning D Population and Housing [8J Geophysical D Agricultural Resources [8J Hydrology/Water [8J Air Quality D Threshold Standards [8J Transportationffraffic D Biological Resources D Energy and Mineral Resources [8J Public Services o Utilities and Service Systems D Aesthetics [8J Hazards and Hazardous Materials o Noise D Recreation D Mandatory Findings of Significance [8J Cultural Resources 6/29/2005 11 XXI. DETERMINATION On the basis of this initial evaluation: I find that the proposed project could not have a significant effect on the D environment, and a Negative Declaration will be prepared. I find that although the proposed project could have a significant effect on the r8J 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 D environment, and an Environmental Impact Report is required. I find that the proposed project may have a significant effect(s) on the environment, D 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 find that although the proposed project could have a significant effect on the D 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. Marilyn R.F. Ponseggi Environmental Review Coordinator City of Chula Vista Date 6/29/2005 12 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM, IS-05-023, AND GRANTING A CONDITIONAL USE PERMIT, PCC-05-067, TO ALLOW A TEMPORARY OFF-ROAD RACE ON A PORTION OF THE OTAY RANCH VILLAGES TWO AND FOUR, LOCATED SOUTH OF OLYMPIC PARKWAY, EAST OF THE OTAY LANDFILL, AND WEST OF LA MEDIA ROAD. A. RECITALS 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 Otay Ranch Villages Two and Four over approximately 149 acres of land located south of Olympic Parkway, east of the Otay Landfill and west of La Media Road ("Project Site"); and 2. Project Applicant WHEREAS, on May 23, 2005 a duly verified application for a conditional use pennit (PCC-05-067) was filed with the City of Chula Vista Planning Department by James Baldwin ("Applicant"); and 3. Project Description; Application for Conditional Use Pennit WHEREAS, said Applicant requests pennission to conduct a temporary off-road racing and entertainment event on September 24-25 and October 1-2 on said Project Site; and 4. Planning Commission Record of Application WHEREAS, the Planning Commission held an advertised public hearing on the project on July 27, 2005 and voted X - X - X - X recommending that the City Council approve the project in accordance with Resolution PCC-05-067; and 5. City Council Record of Application WHEREAS, a duly called and noticed public hearing on the project was held before the City Council of the City of Chula Vista on August 9, 2005; to receive the recommendation of the Planning Commission, and to hear public testimony with regard to the same. Resolution No. Page 2 NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, detennine, and resolve as follows: B. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearing on this project held on July 27,2005 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. C. ENVIRONMENT AL DETERMINATION The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-05-023 in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has detennined that the project could result in significant effects on the environment. However, revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-05-023. D. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-05-023) has been prepared in accordance with requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Environmental Review Procedures of the City of Chula Vista, and hereby adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-05-023). E. INDEPENDENT JUDGEMENT OF CITY COUNCIL The City Council does hereby find that in the exercise of their independent review and judgment, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-05-023) in the fonn 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 pennits, as hereinbelow set forth, and sets forth, thereunder, the evidentiary basis that pennits the stated finding to be made. Resolution No. Page 3 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 location is a desirable location for such a one-time racing event. The environmental document and staff reports outlines how the racetrack and temporary facilities are located a significant distance from existing residential neighborhoods to the north and east and visually obscured from view by the existing slopes. In addition, the racetrack and facilities are a minimum 100-ft. away from multiple species habitat preserve lands to the south and east. The existing topography provides the necessary layout for the temporary structures areas needed for the event and minimal grading is needed for the racetrack. 2. That such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. This temporary conditional use pennit for a two weekend race event required environmental documentation that analyzed the proposal with respect to the effect of the proposal on health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. While certain aspects of the proposal such as traffic and noise may result in some minor traffic congestion near the site at the time of the events as well as perhaps some one-time noise annoyances due to racing events or early evening live entertainment, the temporary one-time sporting and entertainment events are not regulated by the noise control ordinance. For participants and spectators deciding to attend these racing events, safety precautions are maximized to ensure the health, safety or general welfare of persons involved as outlined in the environmental document and staff reports. In addition, the conditions to grant approval of this pennit require that the applicant minimize the potential impacts to public safety, fire, traffic, parking, and other environmental effects on participants, spectators, and the surrounding residential neighborhoods in the vicinity. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposed temporary racing event and activities is considered a conditionally pennitted use within the Planned Community (PC) Zone, utilizing the unclassified Resolution No. Page 4 use requirements listed under unclassified uses in the Zoning Code (19.54.020J-7) for race tracks, which requires that a conditional use pennit be considered by the City Council subsequent to its receipt of recommendations thereon from the Planning Commission. The applicant is also seeking a waiver of Zoning Code (19.58.040), the Amusement and Entertainment Facilities use requirements that is referenced to racetracks uses and which would prohibit alcohol beverages being sold or consumed on the premises except in conjunction with a restaurant, and through this conditional use pennit process the applicant is requesting that alcohol may be sold with food vendors. 4. That the granting of this Conditional Use Permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. Because the land use is a temporary use, grant this pennit will not require amendments to the Chula Vista General Plan, or the Otay Ranch GDP. G. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Pennit PCC-05-067 subject to the following conditions whereby the Applicant shall: 1. Develop the project site as shown on the preliminary racetrack map submitted for review on June 2,2005. Any revisions to this site plan required for compliance with the conditions of approval shall be provided prior to the issuance of grading pennits. 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 Pennit for a Temporary Championship Off-Road Race (IS-05-023) and Mitigation Monitoring and Reporting Program in accordance with the requirements, provisions and schedules contained therein, and as further specified in these CUP conditions. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning and Building and Environmental Review Coordinator should changes in circumstances warrant such a revision. 3. The Applicant shall obtain building pennits for power supply generators, temporary seating grandstands and canopies. The path of travel from parking areas and the path of travel to restroom facilities shall be designed to meet ADA handicapped accessibility code requirements. 4. The subject project shall comply with all requirements of State Water Resources Control Board (SWRCB) NPDES General Pennit No. CAS000002, Waste Discharge Requirements for Discharges of Stonn Water Runoff Associated with Construction Activity. In accordance with said Pennit, a Stonn Water Pollution Prevention Plan Resolution No. Page 5 (SWPPP) and a Monitoring Program Plan shall be developed and implemented concurrent with the commencement of grading activities. The SWPPP shall specify both construction and post-construction structural and non-structural pollution prevention measures. The SWPPP shall also address operation and maintenance of post-construction pollution prevention measures, including short-tenn and long-tenn funding sources and the party or parties that will be responsible for the implementation of said measures. The SWPPP shall be provided prior to the issuance of a Grading Pennit. A complete and accurate Notice-of-Intent (NOI) must be filed with the SWRCB. A copy of the acknowledgement from the SWRCB that a NOI has been received for this project shall be filed with the City of Chula Vista when received. Further, a copy of the completed NOI from the SWRCB showing the Pennit Number for this project shall be filed with the City of Chula Vista when received. 5. The Applicant is required to complete the applicable fonns contained in the City of Chula Vista's Development and Redevelopment Stonn Water Management Requirements Manual and comply with the Manual's requirements. The applicant is required to implement Best Management Plans (BMP's) to prevent introduction of pollutants to stonn drainage systems, including natural watercourse, while site preparation is underway, during the pennitted events and after the events. BMP's shall include but not be limited to: . Solid waste management. · Sanitary/septic waste management. . Liquid waste management. . Dust control. . Tracking control. · Erosion and sediment control. · Spill prevention and cleanup. Adequate and easily accessible spill cleanup kits shall be maintained throughout the grounds and the racetrack. · Materials and goods delivery and storage. · Hazardous waste management. 6. The Applicant shall post a bond or other security acceptable to the City in an amount detennined by the City Engineer to guarantee the installation of all construction, post- construction and post-event pollution prevention measures in accordance with the approved SWPPP and the project's approved erosion control plan. The security shall also provide for an amount to guarantee the post-event rehabilitation and/or stabilization of the site to the satisfaction of the Director of Public Works. The security shall be provided prior to the issuance of a Grading Pennit. 7. Existing on-site vegetation shall be preserved and maintained to the Maximum Extent Practicable during site preparation and all events associated with the Temporary Use Pennit. 8. All proposed detention/desilting basins shall be fenced for safety. Resolution No. Page 6 9. No vehicle cleaning, fueling, or servicing shall be conducted unless within designated areas provided with adequate Best Management Practices (BMPs) to prevent discharge of pollutants to natural drainage courses or stonn drain systems to the Maximum Extent Practicable. Appropriate erosion control BMPs shall be provided for all graded parking and other areas as indicated on the approved erosion control plan. The applicant is responsible for enforcing these requirements during and after the pennitted events. 10. The Applicant shall provide BMP's that shall be implemented immediately following completion of each section of the work. No part of the project shall be left without BMP's for 7 or more calendar days. 11. At such time as all temporary and pennanent erosion control measures and BMPs as identified on the project's approved grading plans and/or SWPPP have been substantially completed to the satisfaction of the Director of Public Works, but no later than two weeks prior to the scheduled opening day of the event, the applicant shall convene an on-site meeting to be attended by representatives of: the Environmental Review Coordinator; Public Works/Operations; the Departments of Engineering, Planning, Police and Fire. At this meeting, all observable physical site preparations shall be ready for inspection by the respective departments. Prior to the site meeting, the applicant shall also have obtained the approval ofthe Chief of Police and the City Engineer of a Security Plan that shall include a Traffic Control/Management Plan, a parking control and management plan and provisions for private security. 12. The applicant shall submit to for approval by the City Engineer a long-tenn stabilization plan that shall be put into effect immediately after the pennitted events. All disturbed areas shall be pennanently stabilized immediately after the event to the satisfaction of the Director of Public Works, including re-vegetation to provide a minimum of 70% coverage and erosion protection equivalent to or better than the existing conditions and/or in accordance with the approved long-tenn stabilization plan. The stabilization plan shall be provided prior to the issuance of a Grading Pennit. 13. During the event, all disturbed areas shall be temporarily stabilized and maintained throughout the pennit period as identified in the SWPPP. 14. Stockpiles of excavated soil, building and paving materials whether deposited prior to or during site preparation and that remain on-site after the pennitted events shall be either be removed and disposed of properly, or pennanent BMP's, as identified in the post-event SWPPP, shall be put into place to protect the stockpiles. 15. The Traffic Control Plan prepared by Championship Off-Road Racing (CORR) management and approved by the Police Department shall be submitted to the Traffic Engineering Section for review approval prior to the issuance of a Grading Pennit. Resolution No. Page 7 Compliance with the Traffic Control Plan is a condition of this pennit. 16. The Applicant shall provide signs at all of the entrances to the racing event indicating the following: 22658. (a) Except as provided in Section 22658.2, the owner or person in lawful possession of any private property, within one hour of notifying, by telephone or, if impractical, by the most expeditious means available, the local traffic law enforcement agency, may cause the removal of a vehicle parked on the property to the nearest public garage under any of the following circumstances: (1) There is displayed, in plain view at all entrances to the property, a sign not less than 17 by 22 inches in size, with lettering not less than one inch in height, prohibiting public parking and indicating that vehicles will be removed at the owner's expense, and containing the telephone number of the local traffic law enforcement agency. The sign may also indicate that a citation may also be issued for the violation. 17. The Applicant's representative CORR management team shall follow the race schedule provided or provide a revised race schedule for review and approval by the Police Department's Special Events & Special Investigations Unit and subject to final review and approval by the Police Chief. Racing events shall occur between 10:00 a.m. and 5:00 p.m. Post-Racing Event activities including live entertainment may be provided between 5:00 p.m. and 7:00 p.m. Compliance with these hours of operation is a condition of this pennit. 18. The Applicant's representative CORR management team shall obtain and provide all required Alcoholic Beverage Control (ABC) pennits for review and approval by the Police Department's Special Events & Special Investigations Unit prior to any sales of alcohol on the project boundary site at the racing and entertainment events. The sale of alcoholic beverages may occur during the races and shall cease prior to the last race. Compliance with the limitation to the sales of alcohol is a condition of this pennit. 19. The Applicant's representative CaRR management team shall provide a Private Security and Parking Control 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 Private Security and Parking Control plan, as approved by the Police Chief is a condition of this pennit. 20. Fencing or other security features should be provided to discourage patrons from finding their way onto adjacent construction sites. Access controls should be placed at Birch Road from Magdalena Avenue in Village Six and from Birch Road south onto Magdalena Avenue at the north end of Village Seven. Fencing should already be in place along the west side of Magdalena extending from Birch Road to the High School entrance. Additional fencing may be warranted is along the remainder of the west side of Magdalena Avenue from the high school entrance to Rock Mountain Road. This would effectively limit access to all active construction areas, including the School District's high school site. Resolution No. Page 8 21. No overnight camping or motor home shall be allowed within the project boundary site during the race event weekends of September 24-25 and October 1-2 or during the intervening week except for those self-contained facilities utilized by racing teams located within the pit area. 22. The Applicant shall provide additional infonnation regarding the specific locations where vehicles will enter the project boundary site and where tickets will be taken to address concerns about queuing from adjacent arterials and control of the project boundary site. Perimeter fencing to be utilized shall also be provide with this infonnation on a revised site plan to be provided to the Planning and Building Department for review and approval two weeks prior to the event. 23. The Fire Department will have a fully staffed brush engine (1 - Captain, 1 - Engineer, 1 - Firefighter) dedicated to this event. This apparatus will be at the event one hour before and after the nonnal event times, thus 7:00 am through 7:00 pm (4 days). This apparatus and staffing will be charged at full cost recovery to the Applicant. 24. The Applicant shall furnish to both CVFD and AMR, a means for two-way radio communication during the hours of operation. 25. Obtain all necessary pennits for tents, canopies, or temporary membrane structures along with other pertinent pennits as described with CFC 105.8 shall be applied for and approved prior to the event's start. 26. The portable seating systems shall be installed in accordance with the manufactures specifications and listings. 27. Provide a minimum 20-ft. wide parking aisle to every parking space area. Parking aisles shall serve a maximum double-loaded row of vehicles. Tandem parking is prohibited. 28. Provide an Emergency Medical Plan for review and approval by the Fire Marshall prior to the event. Compliance with the Emergency Medical Plan is a condition of this pennit. 29. The Applicant shall provide proof of liability insurance coverage naming the City of Chula Vista as an additionally insured party in the amount of . The liability insurance policy shall be review and approved by the Risk Management Department two weeks prior to the event. 30. This pennit shall be subject to any and all new, modified or deleted conditions imposed after approval of this pennit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Pennittee and after the City has given to the Pennittee the right to be heard with regard thereto. Resolution No. Page 9 31. 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 Pennit (PCC-05-067) and the Final Mitigated Negative Declaration for this Conditional Use Pennit allowing for a Temporary Championship Off-Road Race (IS-05-023) and Mitigation Monitoring and Reporting Program, (b) City's approval or issuance of any other pennit 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 Pennit 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 pennit where indicated, below. Applicant's/operator's compliance with this provision is an express condition of this conditional use pennit and this provision shall be binding on any and all of Applicant' s/operator' s successors and assigns. H. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy of this recorded document within ten days of recordation to the City Clerk shall indicate the property owners/applicant's desire that the project, and the corresponding application for building pennits 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 Resolution No. Page 10 I. 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 tenn, provision, and condition herein stated; and that in the event that anyone or more tenns, provisions, or conditions are detennined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this resolution and the pennit shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to fonn by Jim Sandoval Planning and Building Director Ann Y. Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 9th day of August, 2005, by the following vote: AYES: Council members: NAYS: Council members: ABSENT: Council members: ABSTAIN: Council members: Stephen C. Padilla, Mayor ATTEST: Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) Resolution No. Page 11 CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. was duly passed, approved, and adopted by the City Council at a regular meeting ofthe Chula Vista City Council held on the 9th day of August 2005. Executed this 9th day of August 2005. Susan Bigelow, City Clerk J :\PLANNING\HAROLD\REsOLUTIONS\PCC-05-067CCREso.DOC IYII\ y, L j. L Ii I) J L : j 4 r M NO. 464 p, 2 ~{It- -1- ~: ~ CllY OF CHUlA VISTA P J ann n g & B u f d n g Department Planning Division APPLICATION · DEVELOPMENT PROCESSING . TYPE A Part 1 ~-~.~-~._~~--~~--- (Tempora.ry) D D Special Use Permit (redevelopment area only) ~ Misc. Grading Permit A lication Information Applicant Name James P. Baldwin Applicant Address 610 West Ash Street, Contacl Name Ranie Hunter Suite 1500, Ban Diego, CA 92101 Phone (619) 234-4050 ext. 107 Applicant's Interest in Property (If apRJJctJnt is not the owner, the owner's authorization signature at \he end of this form is required to process this request.) I!J Own 0 Rent 0 Other: ArchitecllAgent: Hunsak.er & Associates Address: 10179 Ruennekens St., St@. 200, SP,CA 9212 Contact Name: Lex Williman Phone: (858) 558-4500 Primary contact is: ~Applicant o Architect/Agent Emall ofprimarycontact:RHunter@otavranch.com General Project Description (all type~1 Project Name: Temporary Off-Road Race Track General Description of Proposed Project One-time Off -Road and 9/30/05-10/02/05. ProrJosed Use: Temporary Off-Road Racing' race and associated activities 9/23/05-9/25/0 Has this project received pre-application review comments? 0 Yes (Date:) DNo Subject Property Information ~" typest location/Street Address: Otay Ranch Village 2 and a portion of Village 4 Assessor's Parcel #: See attached Total Acreage: Redevelopment Area (if ~pplicable): No General Plan Designation: PC Zone Design~lion: PlanMd Community (If applicable): Otay Ranoh Current Land Use: Vacant agricultural land Within Montgomery Specific Plan? DYes ~ No Proposed Project (all types) Type of use proposed: 0 Residential landscape Coverage (% of lot): o Commercial o IndUstrial 00 Other: Temporary BUilding Coverage (% of lot); 276 Fourth Avenue Chula Viua California 91910 (619) 69'-5101 iVI,'\ T. LJ, L V V ') L : j ') nYI NO, 464 Temporary Conditional Use Permit for Off~Road Race Track APN Numbers: 644-030-14 644-030-16 644-030-17 644-030-18 644-030-19 644-030-21 P. 3 IVIM!. Lj, LVU') L: .JjnVI NO. 464 p, 4 ~{rt- VNjj CITY OF CHUIA VISTA APPLICATION · DEVELOPMENT PROCESSING . TYPE A Part 2 Residential Project Summary Type of dwelling unit(s): Dwelling units: N/A Number of lots: PROPOSED EXISTING 1 Bedroom 2 Bedroom 3+ Bedroom TOTAL Density (DU/acre): Maximum building height: Minitnum lot size: Average lot sIze: Parking Spaces: Required by code: Provided: Type of parking (Le, size; whether covered, etc,): Open space description (acres each of private, common, and landscaping): Non-Residential Project Summary Gross floor area: N/A Proposed: N/A Building Height: N/A Hours of operation (days & hours): 9 23- 7am to 7pm (except Frio 7am to lOpm) Anticipated number of employees: 40 staff/60 volu~im1tlm number of employees at anyone time: 40 sta.ff + volunte, NUmber and ages of students/children (ir applicable): N/A Seating capacity~W, 000 to 30,000 Parking Spaces: Required by code: N/A Provided: 5420 (approximately) Type of parking (Le, size; Whether covered, etc,): open field Authorization Print applicant name: Dare: May 23, 2005 Applicant Signature: Print owner name': Owner Signature': Date: 'Note: Proof of olNnershlp may be required. Leuer of Consent may be provided in lieu of signature, 276 Fourth Avenue Chula Vista California 91910 (619) 691-5101 IVIt'I, L). L\!IJ) L,):Jrrvl NU, 464 ~. J ~ {f.t.- ~ CIlY OF CHUlA VISTA Plann ng & Building Department Planning Division I Development Processing APPLICATION APPENDIX A Project Description & Justification Project Name: Temporary Off-~oad Race Applicant Name: James P. Baldwin 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 yoursetf, the property, the neighborhood, and the CIty of Chula vista. Include Brty details necessary to adeQuately explain the scope andlor operation of the proposed project. You may include any backg/'Qund 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 Guida. TemDorarv ChamDionship Off-l3oad Race. l:he proposed proiect is a temporary. one~ time off-road raclna event on the Otav Ranch Villaae Two and a portion of Vil/aae Four properties located south of Olvmpic Parkway. east of Heritaae Road and west of L~ Media Road. The event Wil! occur on two consecutive weekends. Seotember 23-25 and September 30~October 2. 2005. Site preparation will begin about Auaust 1. 2005. and post-event clean-up will be reouired. Site prep~ration will include temDorarv clearino of 'rt track a d arkin s ectator and race- art/ci ant ar a . The event ar will occur on aar/cultural land. The event area will be fenced, and will be set back from the MultiDle Species Conservation ProQram (MSCP) Preserve by at least 100 feet. V~hlcular entrances to parkina lots will be from Olvmoic Parkway and La Media Road. Event sPonsors and the Citv will provide fire. t?olice and emeroency services. A temporarY traffic control plan will be developed to facilitate arrival and departure from three parkina lot areas. With the exception of the race participants. ovemiaht camoing will be prohibited. Races will occur duril"!Q daytime hours. Temporarv nlcht liahtino will be orovided. Permits will be required to address non-storm water discharoes. The Draiect re~uires a aradipo permit and Conditional Use Permit. U6 Fourth Avenue I Chula Vista I California I 91910 (619)691.5101 IYII-I y, L:j, L lJ Ij J L : j J ~ M NO. 464 p, 6 ~V?- -.- .~~~ CnY OF CHUIA VISTA Planning 8< Building Department Planning Division I Development Processing Disclosure Statement APPLICATION APPENDIX B Pursuant to Council Policy 101-01, prior to <'Iny action upon matters that will require discretionary action by the Council, Planning Commission al1d 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 petsons having Ii! fihanclallnterest in the property that is the subject of the application or the contract, e.g., owner, applicant. contractor, subcontractor. material supplier. Jim Ba.ldwin 1\1 Bald'(\7in Otay Project, LP 2. If any person" Identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $~OOO investment in the busIness (corporation/partnership) entity. Jim Baldwin Al 13a1dwin 3. If any person'" identified pursuant to (1) above Is a non-profit organl2atJon or trust, list the names of any person serving as director of the nOh~protJt organization or as trustee or beneficiary or trustor of the trust. N/A 4. Please idehtify every person, Including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. Kim John Kilkenny Ranie Hunter Kent Aden L@x Willlrnan Rob Cameron 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_ No-X...- 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..x. Yes ~ If Yes, which Council member? 276 Fourth Avenue Chula Vista I California 91910 (619) 691.5107 PIlAY, {j, L'UUJ L': jJ~M NO, 464 P. 7 ~~rt- -.- "-- - - ~~~~ CIlY OF (HULA vrsrA p a nn n g & BUilding Planning Division I Department Development Processing 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_ No~ If Yes, which official." and what was the nature of item provided? ~~~ Signature of Contractor/Applicant Da~: May 23, 2005 Robert B. Cameron type name of Contractor/Applicant Print or h 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 member5. 27b Fourth ^lJen~e Chula Vista Ca.lifornia 91910 (6 1 y.) 6 y 1 .5 1 0 1 IYI A Y, L j, L U U 'J L : j b ~ M NO. 464 p, 8 ~, f.t.. -.-- ,.~~~ CnY OF CHUIA VISTA Plann ng & Building Department Planning Division I Developmenr Processing APPLICATION APPENDIX C Development Permit Processing Agreement Permit Applicant: Applicant's Address: Type of Permit: Agreement Date: Deposit Amount: James P. Baldwin 610 West Ash Street, Suite 1500, San Diego, CA 92101 Conditional Use Permit/Grading Permit This Agreement ("Agreemenf') between the City of Chula Vista, a chartered municipal corporation ("CitY') and the forenamed applicant for a development permit rApplfcant"), 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 petmit of the type aforerefetenced (UPerrnit") 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 ~nd 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 promlaes 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'a Duty to Pay, Applicant shall deposIt the amount aforeraferenced ("Deposif'). 1.1.1. City shell 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 shalf 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, ulJon 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 uApplicant'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 ApplicElnt'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 Chula Vista CallfornJ a 91910 (619) 691-5101 IVI f\ 1. L j. L U IJ J L : j b ~ M NO, 464 p, 9 ~ ~ft.. ~ CffY OF CHUIA VISTA Plann ng & BUilding Department Planning Division I Development Processing 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 AgreemE!nt, 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 m/gatlon 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 properly 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 located 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 Chura Vista. 4.3. MUltIple Signatories. If there are multiple signatories to this agreement on behalf of Applicant, each of such signatories shaH 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 /s the duly designated agent for the Applicant and has been duly authorized by the Applicant to execute this Agreement on behalf of the Applicant Signatory shalf 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, trom 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 Applicanfs 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, e)(penses, attorney's fees and liability Incurred by the City, its officers, agents, or employees in defending against such claims, whether the sarna proceed to Judgement or not. Further, Applicant, at its own expense, shall, upon written request by the City, defend any such suit or actiOl1 brought against the City. its officers, agents, or employees. Applicant's indemnIfIcation of City shall nQt be limited by any prior or sUb5equent declaration by the 276 Fourth Avenue Chula Vista , California 91910 (619) 691-5101 MAY, n. LOO:; L:36PM NO. 464 p, 10 ~"?- -.,;.- :-~~~ CIlY OF CHUIA VISTA Planning & Building Department Planning Division I Development Processing 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 Chura Vista and acted Upon by the City of Chura Vista in accordance witt, the procedures set forth In Chapter 1.34 of the Chura 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 resolving 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 selting thair hand hereto on the date set forth adjacent thereto. Dated; City of ChlJla Vista 276 Fourth AVenue Churl! VIsta, CA By; D~ed: May 23. 2005 James P. Baldwin 610 West Ash Street. Suite 1500 San Diego, CA 92101 ay: ~s-~ (~W) 276 Fourth Avenue Chu/a Vista , California 91910 (619) 691.5101 MAY. 23. 2005 2: 36PM ~fL, rZLI!~.~,o~ CORR Race Schedule - 1-96 S{leedwav May 20-22, 2005 Tentative FRIDAY SATURDAY SUNDAY GATES OPEN 7:00AM 7:00AM 7:00AM REGISTRATION lOAM - 6PM 7:00-8AM TECH INSPECTION 10AM-6PM 7;30AM-9:30AM 8:30AM-9:30AM (Pro) TECH INSPECTION 10AM-6PM 7:30AM-9:30AM 8:30AM-9:30AM (Sportsman) DRIVERS MEETING 2:00 PM 8:30-9AM 8:30~9AM -~~---------------~---------------~~----------------~-------------------------------------------------___~w_______ FRIDAY SATURDAY SUNDAY 9:30-10:30 Practice Practice 11 :30-11 :45 Light Buggy Light Buggy Noon-12:15 Sportsman Stock Sportsman Stock 12:30-12:45 Single Buggy Single Buggy 12:45-1 : 15 Interm\ssion Intennission 1:15-1:30 Sportsman 2 Sportsman 2 / 1 :45-2:00 Super Buggy Super Buggy 2:00-2:30 Intennission Intermission 2:30-2:45 Pro Light Pro Light 3:00-3:15 Pro-2 Pro-2 3:30-3:45 Pro-4 Pro-4 3:00 - 5:00 Practice (All vehicles must tech before practice)