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HomeMy WebLinkAbout2008/07/08 Item 13 CITY COUNCIL AGENDA STATEMENT ~\l~ C1lYOF ~ (HULA VISTA Item No.: [:) Meeting Date: 7/8/08 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING PROGRAM (IS- 08-011), AND GRANTING A CONDITIONAL USE PERMIT (PCC- 08-013), TO CONDUCT RACE EVENTS ON A TEMPORARY RACETRACK WITHIN THE RIMROCK QUARRY, LOCATED OFF HERITAGE ROAD AND ADJACENT TO THE OTAY RIVER VALLEY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MAi'lAGER TO WANE THE FULL COST RECOVERY RATE FOR POLICE SERVICES FOR THE CHAMPIONSHIP OFF ROAD RACING (CORR) RACE EVENTS, AUTHORIZING A.N ALTERNATNE RATE OF COST RECOVERY OF OVERTIME PLUS 20%, AND APPROPRIATING $27,859 TO THE POLICE DEPARTMENT FISCAL YEAR 2008/2009 PERSONNEL SERVICES BUDGET . FOR OVERTIME COSTS . RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MAi'lAGER TO WANE THE FULL COST RECOVERY RATE FOR FIRE AL'ID EMERGENCY MEDICAL SERVICES FOR THE CHAMPIONSHIP OFF ROAD RACING (CORR) RACE EVENTS, AUTHORIZING AN ALTERNATIVE RATE OF COST RECOVERY OF OVERTIME PLUS 20%, AND APPROPRIATING $33,567 TO THE FIRE DEPARTMENT FISCAL YEAR 2008/2009 PERSONNEL SERVICES BUDGET FOR OVERTIME COSTS SUBMITTED BY: 4/5THS VOTE: YES X NO REVIEWED BY: 13-1 , -, Date, Item No.: i-=:J Meeting Date: 7/8/08 Page 2 of 8 SUiVLvlARY XR Promotions, LLC for Championship Off-Road Racing (CaRR), has applied for a two-year temporary Conditional Use Permit (CUP) for three off-road race events scheduled for July 25th - 27th, September 12th - 14'\ and December 5'h - 7th, 2008 arid three similar race events in 2009. A CUP was issued for two race events in the Rimrock Quarry location in 2007. Prior to the use of the quarry, races occurred in Village Two (4 events in 2006 and 2 events in 2005). Competitive races are proposed to occur on Saturdays and Sundays with the racetrack operating between 7:00 a.m. - 7:00 p.m. On the Fridays before races, the racetrack would be open from 10 a.m. - 5:00 p.m. for practice and qualifying sessions. The site layout proposes grandstands and race pit areas surrounding a racetrack within the Rimrock Quarry. The agricultural fields in future Otay Ranch Village Three would provide the public parking, with access taken from Energy Way. A camping area would be located in an active recreation area south of the Otay River. Additionally, Resolutions Band C proposed by the Police and Fire Departments recommend appropriating $27,859 and $33,567 respectively to the Police and Fire Departments' fiscal year 2008/2009 persollilel services budgets to offset the cost of providing Police and Fire services for the CaRR event. If approved by the City Council, all costs for providing these services will be reimbursed by the Applicant at "Overtime plus 20-percent," rather than the Full Cost Recovery (FCR) rate as delineated in the FCR Schedule. ENVIRONMENTAL REVIEW . The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-08-011 in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that the project could result in significant effects on the environment. However, revisions to the project made by or agreed to by. the applicant would avoid or mitigate the effects to below significance; therefore, the . Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-08-011. . BOARDS/COMMISSION RECOMMENDATION Plalliling Commission: On June 25, 2008, the City's Planning Commission recommended adoption of Mitigated Negative Declaration (IS-08-011) and approval of Conditional Use Permit (PCC-08-0l3) by a vote of(6-0-0-1). 13-2 Date, Item No.: L:) Meeting Date: 7/8/08 Page 3 of 8 Resource Conservation Commission: On May 19, 2008, the City's Resource Conservation Commission (RCC) recommended approval of the Mitigated Negative Declaration (IS,08-011) by a vote of (4-0-0-3). The Otay Valley Regional Park Citizens Advisorv Committee and the Policy Committee: Similar to the 2007 CUP, staff and the applicant presented the CUP application to the committees of the adjacent Otay Valley Regional Park (OVRP). The proposal was presented to the OVRP Citizen's Advisory Committee (CAC), on February 15, 2008, and a CORR sub- committee was established by the CAC to further review the proposal. . The CORR sub- committee met on March 14, 2008 and voted 9 - 0 recommending approval of the proposal to the CAC. On March 21, 2008 the CAC voted 11 - 7 recommending approval of the proposal to the Policy Committee, and on April 24, 2008 the Policy Committee accepted the recommendation of the CAe. DISCUSSION Project Setting The Rimrock Quarry is a ISO-acre area east of the intersection of Main Street and Heritage Road, approximately one mile beyond where vehicles enter Cricket Wireless Amphitheatre and Knott's Soak City. The access road to the Rimrock Quarry, also known as Wiley Road, nms along the southern border of the proposed racetrack, north of the Otay River and east of Wolf Canyon. The project site is bordered by preserve lands on three sides. Wolf Canyon, which is part of the City's MSCP, lies between the racetrack site and the agricultural land of future Otay Ranch Village where public parking is proposed to the northwest, and the Otay River lies between the racetrack site and the active recreation area where camping is proposed to the southeast. Project Description The proposal is to hold three off-road race events scheduled for July 25th - 27'\ September 12th_ 14th, and December 5th _7'h, and three similar race events in 2009. The race events would occur within a portion of the Rimrock Quarry located adjacent to the Otay River Valley. A portion of Otay Ranch Village Three is proposed to be utilized for public parking and the western Active Recreation Area within the Otay River Valley would be used for camping (See Attachment No.1). In addition to the race events, as many as six practice sessions may occur on the racetrack during each race season, provided that the City is notified a minimum of two-weeks in advance of each practice session. Site preparation at the beginning of each race season would include the installation of grandstands, security lighting and fencing, orange bio-fencing to restrict access to the City's MSCP Preserve, signage for sensitive habitat areas, and storm water Best Management Practices (BMPs). 13-3 \~ Date, Item No.: .:::J Meeting Date: 7/8/08 Page 4 of 8 The public would access the racetrack site by entering the general parking area at the terminus of Energy Way. Race teams, campers and CORR personnel would access the racetrack site from the unpaved dirt road known as Wiley Road at the intersection of Main Street and Heritage Road. The City would provide Fire and Police Department personnel to manage and enforce approved Traffic Control, Security and Emergency Medical Plans. CORR would cover all costs associated with the additional service demands. Each race event includes the following activities: o Preliminary trial and qualification race sessions (Fridays) . Race events (Saturdays and Sundays) o Live Entertainment before, during and after race events (Saturdays and Sundays) o Overnight Camping (Friday through Sunday) o Race event parking (Friday through Sunday) o Nighttime security (Friday through Sunday) Firework use of any kind before, during or after each race event is prohibited. Noise attenuation for the racetrack is primarily provided by the existing terrain/topography on the north and east sides of the track area. A 15 foot-high shear rock face separates the track from the adjacent open space mining areas to the north and east. The project proposes to include vinyl-sheeting material to be mounted on the back of four grandstands to provide sound attenuation to the south. The project also includes fencing to provide security for the site as well as to prevent unauthorized access to adjacent preserve areas. The sale of alcoholic beverages is requested as part of this approval in conjunction with the required Alcohol and Beverage Control (ABC) permits. The applicant is requesting permission to sell alcohol in conjunction with proposed food vendors. Staff Analysis Background: Championship Off-Road Racing (CORR) events have occurred within the City over the past three years (2005-2007). The 2005 and 2006 races occurred on a temporary racetrack in Otay Ranch Village Two. The site has since been graded and is no longer available for race events. The 2007 races occurred on the same temporary racetrack in the Rimrock Quarry being proposed at this time. CORR representatives submitted the application for the temporary CUP in January 2008. The CUP application proposes to cover three race events for each of the 2008 and 2009 CORR race seasons. 13-4 ''''' Date, Hem No.: \..:J Meeting Date: 7/8/08 Page 5 of 8 Racetrack: Unlike the Otay Ranch Village Two temporary racetrack, the proposed temporary racetrack, grandstands and pit areas are located within the disturbed "mining bowl" of the Rimrock Quarry. As noted in the background discussion from last year's CUP, locating the racetrack within the quarry was staff s suggestion to the applicant to consider as a more compatible land use with a mining operation compared to using another undisturbed undeveloped land holding available to the O\^iTIer and operator ofCORR within the Otay Ranch. The Rimrock Quarry racetrack site also minimizes the noise, traffic and other impacts associated with an off-road racetrack on existing residential neighborhoods in Otay Ranch. Residential Villages One, Five, Six and Seven were within a half-mile radius of the previous racetrack located on Village Two, which was utilized six times during the 2005 and 2006 race seasons. These four villages remain as the closest residential neighborhoods in Chula Vista to the Rimrock Quarry, but each of these villages are more than two miles away from the racetrack. The nearest residential homes are located 0.8-miles away in San Diego's Otay Mesa, south and west of the Cricket Wireless Amphitheatre and Knott's Soak City. This CUP application also proposes race events to occur on the Rimrock Quarry racetrack in 2009. The applicant proposes the specific dates for the 2009 race events be determined next year, and staff proposes a CUP condition that the specific dates be provided to the Planning and Building Director a minimum one month prior to the first race event of2009. The applicant also proposes use of the racetrack for up to six -practice sessions during each of the race seasons, and staff proposes a CUP condition that the dates are provided to the Planning and Building Director a minimum of two-weeks prior to the each of the six-practice sessions proposed for each race season. Parking: According to the application, approximately 7,440 public parking spaces would be provided over approximately 76-acres of agricultural fields in the future Otay Ranch Village Three. Parking would be accessed via Energy Way. A shuttle bus system would transport patrons from the parking area to the racetrack area. The application also states that each race event could accommodate up to 24,000 spectators. The two race events last year averaged 12,000 spectators for each race day. If all 7,440 parking spaces, were utilized there would be at minimum one parking space for every 3.2"persons. By way of comparison, there are 8,500 parking spaces provided for the 20,000 capacity Cricket Wireless Amphitheater, a parking space ratio of2.3 persons per parking space. Additional parking spaces not included in the total number provided in future Village Three would be provided within the Rimrock Quarry, specifically VIP and ADA accessible parking spaces. Race team participant parking and camping would also be accommodated inside the 13-5 Date, Item No.: 13 Meeting Date: 7/8/08 Page 6 of8 Rimrock Quarry. The campground inside the active recreation area south of the Otay River will also provide the parking necessary for spectators who are camping. Based on previous race event attendance not exceeding 12,000 spectators, and evidence that there is an average of 2 to 3 persons per vehicle paying a minimum $10 and up to $50 for premium parking for each race event, parking on the Village Three agriculture fields would be adequate. Camping: Overnight camping would be provided for up to 150 campsites on a 27 -acre campsite within the Western Active Recreation area of the Otay Valley Regional Park. Security would be provided in the camping area from the end of the last race to 7 a.m. the following day. Security fencing would prevent campers and patrons from entering into the adjacent to the Otay River Valley MSCP Preserve. A shuttle bus system would transport patrons from the camping area to the racetrack area. Traffic Control: The general public would arrive at the race events from the west on Main Street or from the east on Heritage Road, then turn north on Nirvana Road and enter the public parking entrance on Energy Way. Race teams, spectators with ADA accessibility needs, and a very limited number of VIPs would enter the racetrack area from the unpaved Wiley Road at the intersection of Main Street and Heritage Road. The potential for localized congestion would be minimized by spectators paying for parking well beyond the Energy Way driveway entrance, which can provide for extended queuing. Generally, spectators arrive throughout the race day before individual race events, and most localized congestion occurs at the end of the race events. A Traffic Control Plan has been provided, reviewed and approved by the City Engineer and Police Chief. The Traffic Control Plan includes a description of the message board signage, striping, delineated detours, flagging operations, and any other methods that would be used to safely guide motorists during such special events. As a condition of the CUP, compliance with the Traffic Control Plan is required, and amendments may be made to the plan as needed between race events as determined by the City Engineer and Police Chief. Public Safety Operational Plans: The race events would increase the potential for public safety hazards such as accidents and spectator crowd control. . Therefore, there would be a temporary increase in demand for police and fire safety services. The racetrack would be situated 8-ft. below the grandstands, with concrete barriers running along the entire frontage of the grandstand area. A IO-ft. high catch fence with steel cables would run the entire length of the grandstand area to protect spectators. The Police and Fire Department would provide staff as needed in order to implement the Traffic Control, Security and Emergency Medical Plans before, during, and after race events. CORR representatives would furnish the Police, Fire and Ambulance service a means for two-way radio communication during the races. As conditions of the CUP, compliance with the Traffic 13-6 Date, Item No.: \.::-) Meeting Date: 7/8/08 Page 7 of8 Control, Security and Emergency Medical Plans is required, and amendments may be made to the plans as needed between race events as determined by the Fire Chief, Police Chief, and City Engineer. The Director of Planning and Building, City Engineer, Police Chief and Fire Chief may modify the various plans, such as the Security Plan, Emergency Medical Plan, and Traffic Control Plan between each of the race events to address problems or concerns raised and/or corrections as needed from the previous race events. However, if any unanticipated problems occur, staff would schedule a new public hearing between each race event weekend (typically there is a full month between each race event weekend) to modify or revoke the Conditional Use Permit. Charges for Public Service: Current policy is to charge entities that wish to utilize non~City sponsored services, including Police and Fire services, the Full Cost Recovery (FCR.) rate aiaelineated in the FCR Schedule. Throughout the years, these fees were either reduced or waived for a variety of events. However, since the current fiscal crisis has put discretionary expenditures on hold, staff has been directed to charge FCR for all events, and to take any exceptions to Council for approval. Since the first CORR race was held in Chula Vista in 2005, the City has waived the FCR rate and agreed to charge the same rate for Police services that are currently contracted with Cricket Wireless Amphitheatre for the eight previous CORR events. This reduced rate is calculated at actual overtime costs plus an additional 20-percent to cover basic overhead costs such as vehicles, supervision, etc. The table below outlines the difference in revenues per day based upon the FCR rate and the reduced "overtime plus 20-percent rate." Because of the significant exposure that the CORR events bring to Chula Vista (this year's race events will be broadcast live on NBC), and the desire to keep these races located in Chula Vista, staff recommends waiving the FCR rate for this event and authorize the "overtime plus 20- percent" calculation for Police and Fire Prevention and Emergency Medical Services. Alcoholic Beverages: The sale of alcoholic beverages is being requested as part of the CUP application. If approved, the applicant would coordinate with Alcohol and Beverage Control (ABC) and the Police Department's Special Events & Special Investigations Unit on a plan for how the sale of alcohol would be controlled at the race events. Typically, all alcoholic beverage sales have been required to be included with food vending sales or within a segregated "beer garden" area. A condition of approval that all alcoholic beverage sales cease one hour prior to the end of racing events each racing day has been included as requested by the Police;.Department's Special Events & Special Investigations Unit. DECISION-MAKER CONFLICTS Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries ofthe property that is subject to this action. 13-7 Date, Item No.: \3 Meeting Date: 7/8/08 Page 8 of 8 FISCAL IMPACT Approval of Resolutions B and C amend the General fund budget for fiscal year 2008-09, appropriating an additional $61,426 in overtime expenditures to the Police and Fire Department budgets ($27,859 and $33,567 respectively). These additional appropriations will be offset by reimbursement from the Applicant, resulting in no net impact to the General fund. Approval of the resolutions also waives the Council's full cost recovery policy for a total of six CORR events, occurring over a period of two fiscal years (three events per year). The Applicant will instead reimburse the City at "overtime plus 20-percent". Waiver of full cost recovery results in a net reduction in overhead reimbursement of $55,336 in the current fiscal year, for a total impact of approximately $110,672 over the two fiscal years. Calculation of the General fund impact of waiving full cost recovery for the three events in fiscal year 2008-09 is detailed below. Fiscal Year 2008-09 Impact Calculation Police Department Fire Department TOTAL $ 75,665 $ 53,382 $ 129,047 $ 33,431 $ 40,280 $ 73,711 $ (42,234) $ (13, I 02) $ (55,336) The Applicant will also reimburse the City, via deposit account, for all costs incurred preparing the reports and resolutions for these discretionary applications. ATTACHMENTS 1. Locator Map 2. Planning Commission Resolution PCC-08-0 13 3. Application Documents with Disclosure Statement 4. Mitigated Negative Declaration IS-08-011 5. Site Plan/Racetrack Plan Prepared by: Harold Phelps, Associate Planner, Planning & Building Department J: IPlanningIHAROLDIPCC-08-013 _ CCreport _ CM.doc 13-8 - ~ I I I I I I Otay Landfill I I I I I o I 'e<;\ ,,; \)' , sol'" ' 0\ , (1\'1 ;" eolS , ,," ;" Village 4 " " "",..:"" ..,.>>.-,,-,-,,,< "':<<..::;..~~~~~:.::-~-<,':;:;,, ' '"C'~""" ',"." '<<);"~" amplng',:.;~<''\ ~~>:u-<'';.:0.~<-::<<'' '--"'; "::::':~:::--.. . .s' ". .... .... ....;'Die9o ...... of so .. C;\Jilt'{ .... "-s\O ....... ...,,\0 ,,\...."'1.; - - -- ,C"v .... 0 Gi't.~~..sO; Oie9 ..... ...., of ...... CI., --=-_........=....=""= C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C) APPLICANT: XR Promotions, LLC MiSCELLANEOUS PROJECT 2041 Heritage Rd, Project Description: 2008-2009 Corr Temporary (July 25th -27th), ADDRESS: . (September 12th-14th), (December 5th-7th) Off-Road racing with SCALE: FILE NUMBER: in the Otay Valley Rock Quarry on Otay Ranch. NORTH No Scale PCC-08-01?n n Related cases: IS-D8:011 " .. , , -,", - .-- - .. L\Gabe Files\locators\pcc08013.cdr 01.23.08 !)1!;:;CI!Af/.:'l1J( z.. RESOLUTION NO. PCC-08-013 A RESOLUTION OF THE PLAl'lNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT THE MITIGATED NEGATIVE DECLAR<\TION IS-08-011 AND THE MITIGATION MONITORING PROGRAM, AND GRANT A CONDITIONAL USE PERMIT FOR A TEMPORARY OFF-ROAD R<\CETRACK ON A PORTION OF THE RIMROCK QUARRY, LOCATED OFF HERITAGE ROAD Al'lD ADJACENT TO THE OTAY RIVER V ALLEY - XR PROMOTIONS, LLC FOR CHAMPIONSHIP OFF-ROAD RACING. WHEREAS, a duly verified application for a Conditional Use Permit was filed with the City of Chula Vista Planning and Building Department on January IS, 2008 by XR Promotions, LLC for Championship Off-Road Racing (CORR) and ("Applicant"); and WHEREAS, the application requests permission to conduct off-road race events on July 25th - 27th, September 12th - 14t\ and December 5th - 7th, 2008 and three similar race events in 2009 on a racetrack located on a portion of the Rimrock Quarry adjacent to the Otay River Valley. The application also includes a portion of future Otay Ranch Village Three for a general public parking area, and a portion of the western Active Recreation Area within the Otay Valley Regional Park for an overnight camping area; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study, IS-08-011 in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that the project could result in significant effects"onthe 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-08-011; and WHEREAS, the Planning Commission finds that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-08-0 11) has been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), and the Environmental Review Procedures of the City of Chula Vista; and WHEREAS, the Resource Conservation Committee's (RCC) recommended approval of the Mitigated Negative Declaration by a vote of (4-0-0-3) at their May 19, 2008 meeting; and WHEREAS, the Planning Commission set the time and place for a hearing on said Conditional Use Permit (PCC-08-013) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 1000 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and 13-10 Planning Commission Resolution PCC-08-0 13 Page 2 WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. on June 25, 2008, in the Council Chambers, 276 Fourth Avenue, before the Planning CommissCon and said hearing was thereafter closed; and WHEREAS, the PlaIliling 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 PlaIliling Commission, the Commission has determined that the approval of a Conditional Use Permit (PCC-08-013) is consistent with the City of Chula Vista General Plan and the Zoning Code, and all other applicable plans so that the public necessity, convenience, general welfare and good plaIliling practice support the approval. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION . recommends that the City Council adopt the Mitigated Negative Declaration (lS-8-0 11) and approve a resolution granting the Conditional Use Permit (PCC-08-013) in accordance with the findings contained in the attached City Council Resolution. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION that a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 25th day of June, 2008 by the following vote, to-wit: AYES: Felber, Moctezuma, Vinson, Tripp, Ban6oussan, Clayton NOES: ABSENT: Spethman ABSTENTIONS: . ~ .l _C .~1' I -A William C. Tripp, Chairperson ATTEST: . 2:--. ~~~"-t;~ Diana V argas, Secret~}y J: IPLANN INGIHA RO L DlRESO LI'T! oNSIPCC-08-0 13 PC RESO. DOC 13-11 ~\f? ~~- = 47//9Cf/A</Ct1.JT -3 Planning & Building Department Planning Di vision CITY OF (HULA. VISTA ~ Conditional Use Pe[Jllit o Design Review o Vanance o Special Use Permit (redevelopment area only) o Misc. l!I TYPE A Part 1 Type of Review Requested Application Information Applicant Name XR Promotions, LLC Applicant Address 610 West Ash StreeL Suite #1500, San Dieqo CA 92101 Contact Name Ranie Hunter Phone 16191234-4050 exL 107 Applicant's Interest in Property (If applicant is not the owner, the authorization signature at the end of this form is required to process this requesL) [><J Own 0 Rent 0 Other: Architect/Agent: Contact Name Primary contact is: [><J Applicant Address: Phone: o Architect/Agent [><J Email ofprimarycontact:rhunter\a>otayranch.com General Project Description (all types) Project Name: 2008-2009 CaRR Events Proposed Use: Off-Road Racina General Description of Proposed Project: Please See Attached Appendix A Has this project received pre-application review comments? 0 Yes (Date:) k2l No Subject Property Information (all types) Location/Street Address: Please See Attached Map Assessor's Parcel # Please See Attached Total Acreage: 89 General Plan Designation: OS Zone Designation: Planned Community (if applicable): Otav Ranch (Portion) Current Land Use: Rock Quarrv Redevelopment Area (if applicable): N/A N/A Within Montgomery Specific Plan? 0 Yes k2l No Proposed Project (all types) Type of use proposed: D Residential D Commercial Landscape Coverage (% of lot): D Industrial IZ':l Other: Temoorary Special Event Building Coverage (% of lot): 13-12 276 Fourih Avenue I Chula V,sta I Californra I 91910 I (619) 691-5101 ~\ft- ~ ::: -- Planning & Building Department Planning Division I Development Processing em OF CHUIA VISfA APPLICATION APPENDIX A Project Description & Justification Project Name: 2008-2009 CaRR Events Applicant Name: XR Promotions, LLC Please fully describe the proposed project, any and all construction that may be accomplished as a result of approval of this project, and the project's benefits to yourself, the property, the neighborhood, and the City of Chula vista. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary, For all Conditional Use Permits or Variances, please address the required "findings" as listed in the Application Procedural Guide. DESCRIPTION AND JUSTIFICATION: Temporary Championship Off-Road Racing Event. The proposed proiect is series of temporary off-road racinq events on a portion of the Rock Ouarrv located adjacent to the Otay River Valley, a portion of Olay Ranch Villaqe Three (parkinq) and the western Active Recreation Area within the Olay River Valley (campinq). The 2008 race events will occur on three weekends, July 25Ih_27'h, September 12'h_141h December 5th_71h and December 5th_7'h Also proposed are 6, 1-day practice sessions It is anticipated that two (2) practice days will occur in early sprinq before the CORR season beGins and the remaininq four (4) will occur throuqhout the race season. The 2009 schedule is not available at this time, but will include three (3) race' weekends and six (6) practice days much like the 2008 schedule. CaRR anticipates the 2009 schedule will include one race weekend in June and two races later in the year [thouqh the actual schedule will not be known until early next year (2009)1, The PlanninG Director will have the discretion to approve schedule chanqes. includinq the entire 2009 race schedule, Site preparation will include installation of qrandstands, fencinG of event area, security liqhtinq and storm water BMPs, The racinq venue is proposed within the southern portion of the Rock Ouarry which is no lonqer subject to active mininq operations. General Parkinq will occur on aqriculturalland within a portion of OIay Ranch Villaqe Three, Vehicular entrance to General Parkinq will be off existinG Enerqy Way, Shuttles will transport race attendees from the General ParkinG area to the race track, Vehicular entrances to the race track and VIP/staff/handicaoped parkinq lots will be via existinG dirt roads from Main Street and Heritaqe Road. Event sponsors and the City will provide fire, police and emerqency services, A temporary traffic control plan will be developed to facilitate arrival and' departure from parkinq lot areas. Overniqht campinG is proposed within a 27 acre parcel desiGnated for "Active Recreation" within the MSCP and Otav Valley ReGional Park Concept Plan, Vehicular access to the overniqht campinG will be via existinq dirt roads off of Heritaqe Road. Races will occur durinG daytime hours. Temporarv niqht liGhtinq will be provided The proiect reouires a Conditional Use Permit. Event-related activities include: 1, Races on Saturdays and Sundavs of event weekends. 2. Pre-race track trials and qualifications (Friday before event weekends) 13-13 77F; r="lldh A\lpnlIP 1 r:hIIL'1 \Jistr:! I C:;::;lifomia I 91910 I (619) 691-5101 3. Friday throUGh Sunday GyerniGht campinG for race participants and event attendees on event weekends. 4. Event Parkinq. 5. Niqht liqhtinq 6. Limited Fireworks. 7. Live music before, durinq and after race events. 8. 6 days of track testinG, practice, qualifyinG and trials durinG daytime hours only throuqhout the year. The proposed proiect will benefit many of the businesses in Chula Vista. With an expected attendance of UP to 24,000 spectators over each race weekend, many event participants will be stayinq in local hotels, eatinq at local restaurants and shoppinq at local retail centers. These activities will also benefit The City of Chula Vista because of the sales tax revenues they qenerate. Chula Vista should also expect to benefit from the national exposure provided by hostinq an event covered by NBC. Assessor's Parcel #'s: . 644-060-06 . 644-060-07 . 644-060-08 . 644-060-09 . 644-060-11 . 644-060-\2 . 645-030-19 13-14 . _"t... ^ .__.._ I ,.-.1-. .I~ \I:~j._ I r~t;f~~~;~ I nH11(1 r::::iO\ :::':01_C::;1il1 ~ 1ft-- :-~-- APPLICATION fII DEVELOPMENT PROCESSING I!I TYPE A Part 2 CITY OF CHULA VISfA Residential Project Summary Type of dwelling unit(s): N/A Number of lots: Dwelling units: PROPOSED EXISTING 1 Bedroom 2 Bedroom 37 Bedroom TOTAL Density (DU/acre): Maximum building height: Minimum lot size: Average lot size: _ Parking Spaces: Required by code: Provided: Type of parking (i.e. size; whether covered, etc.): Open space description (acres each of private, common, and landscaping): Non-Residential Project Summary Gross-floor area: WA Proposed: Existing: N/A Building Height: N/A Hours of operation (days & hours): Race Day Schedule: 7am to 7pm (except Frl. lOam to 5pm); Limited weekday testinq 8am to 5pm. Anticipated number of employees: 40 Staff Maximum number of employees at anyone time: 40 Staff Number and ages of students/children (if applicable): N/A Seating capacity: 12,000 Parking Spaces: Required by code: N/A Provided. 7440 Approximately Type of parking (I.e. size; whether covered, etc.): Open field Authorization Print applicant name:XR Promotion~. LL /::7')<~-~\ Applicant Signature: -.1//"\ 7 } ? ---!., -.-----' Date: . I II! 'In \--- ;1 L/ L/ , . Print owner name': X~LL.c! . " b rJ ! Owner Signature*:J/ ~/1 L (:L-~ Date: /, / ~ ! / I( n.'--- / /~ U ,) .,. Note: Proof of ownership may be required. Letter of consent may be provided in lieu of signature. 13-15 276 Fourth Avenue I Chula Vista I California I 91910 I (619) 691-5101 ~ If,;- ~~- ~~- ~ Planning & Building Department Planning Division I Development Processing ell'{ OF CHULA. 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. Jim Baldwin 2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. Jim Baldwin 3. If any person' identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. N/A 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. Kim John Kilkennv Ranie Hunter Rob Cameron Lex WHliman Kent Aden 5. Has any person' associated with this contract had any financial dealings with an official" of the City of Chula Vista as it relates to this contract within the past 12 months. Yes D..-- No ~ If Yes, briefly describe the nature of the financial interest the official" may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No ~ Yes 0 If yes, which Council Member? n 1 b 276 Fourth Avenue I Chula Vista I California I 91910 I 1619\ 691-5101 ~\rt- -@il'- '.~ CllY Of CHULA VISfA Planning & Building Department Planning Division I Development Processmg APPLICATION APPENDIX B Disclosure Statement - Page 2 7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes D- No L81- . If Yes, which official" and what was the nature of item provided? Date: rl/I (O~ I ! Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. 13-17 ?7R Fnmth t'wpnllA 1 c.hula Vista I California I 91910 1 (619) 691-5101 ~N?- :::-- ~ - ---= Planning & Building Department Planning Division I Development Processlng CITY OF CHUlA VISTA APPLICATION APPENDIX C Development Permit Processing Agreement Permit Applicant: Applicant's Address: Type of Permit: Agreement Date: Deposit Amount: XR Promotions LLC 610 West Ash Street. Suite 1500. San Dieqo. CA 92101 Conditional Use Permit This Agreement ("Agreement") between the City of Chula Vista, a chartered municipal corporation ("City") and the forenamed applicant for a development permit ("Applicant"), effective as of the Agreement Date set forth above, is made with reference to the following facts: Whereas, Applicant has applied to the City for a permit of the type aforereferenced ("Permit") which the City has required to be obtained as a condition to permitting Applicant to develop a parcel of property; and, Whereas, the City will incur expenses in order to process said permit through the various departments and before the various boards and commissions of the City ("Processing Services"); and, Whereas the purpose of this agreement is to reimburse the City for all expenses it will incur in connection with providing the Processing Services; Now, therefore, the parties do hereby agree, in exchange for the mutual promises herein contained, as follows: 1. Applicant's Duty to Pay. Applicant shall pay all of City's expenses incurred in providing Processing Services related to Applicant's Permit, Including all of City's direct and overhead costs related thereto. This duty of Applicant shall be referred to herein as "Applicant's Duty to Pay." 1. 1. Applicant's Deposit Duty. As partial performance of Applicant's Duty to Pay, Applicant shall depositthe amount aforereferenced ("Deposit"). 1.1.1. City shall charge its lawful expenses incurred in providing Processing Services against Applicant's Deposit. If, after the conclusion of processing Applicant's Permit, any portion of the Deposit remains, City shall return said balance to Applicant without interest thereon. If, during the processing of Applicant's Permit, the amount of the Deposit becomes elhausted, or is imminently likely to becorne exhausted in the opinion of the e City, upon notice of same by City, Applicant shall forthwith provide such additional deposit as City shall calculate as reasonably necessary to continue Processing Services. The duty of Applicant to initially deposit and to supplement said deposit as herein required shall be known as "Applicant's Deposit Duti'. 2. City's Duty. City shall, upon the condition that Applicant is no in breach of Applicant's Duty to Payor Applicant's Deposit Duty, use good faith to provide processing services in relation to Applicant's Permit application. 2.1 City shall have no liability hereunder to Applicant for the failure to process Applicant's Permit application, or for failure to process Applicant's Permit within the time frame requested by Applicant or estimated by City. 13-18 ?7h Fnllrth Avenue I Chula Vista I California I 91910 I (619) 691-5101 ~\(?- ~~ Planning & Building Department Planning Division I Development Processing CIlY OF CHULA VISfA Development Permit Processing Agreement - Page 2 2.2. By execution of this agreement Applicant shall have no right to the Permit for which Applicant has applied. City shall use its discretion in valuating Applicant's Permit Application without regard to Applicant's promise to pay for the Processing Services, or the execution of the Agreement. 3. Remedies 3.1. Suspension of Processing In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has the right to suspend and/or withhold the processing of the Permit which is the subject matter of this Agreement, as well as the . Permit which may be the subject matter of any other Permit which Applicant has before the City. 3.2. Civil Collection in addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has the right to collect all sums which are or may become due hereunder by civil action, and upon instituting litigation to collect same, the prevailing party shall be entitled to reasonable attorney's fees and costs. 4. Miscellaneous. 4.1 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreernent 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 Chula Vista. 4.3. Multiple Signatories. If there are multiple signatories to this agreement on behalf of Applicant, each of such signatories shall be jointly and severally liable for the performance of Applicant's duties herein set forth. 4.4. Signatory Authority. . This signatory to this agreement hereby warrants and represents that he is the duly designated agent for the Applicant and has been duly authorized by the Applicant to execute this Agreement on behalf of the Applicant. Signatory shall be personally liable for Applicant's Duty to Pay and Applicant's Duty to Deposit in the event he has not been authorized to execute this Agreement by Applicant. 4.5 Hold Harmless. Applicant shall defend, indemnify and hold harmless the City, its elecled and appointed officers and employees, from and against any claims, suits, actions or proceedings, judicial or administrative, for writs, orders, injunction or other relief, damages, liability, cost and expense (inclucJing without limitation attorneys' fees) arising out of City's actions in processing or issuing Applicant's Permit, or in exercIsing any discretion related thereto including but not limited to the giving ot proper environmental review, the holding of public hearings, the extension of due process rights, except only for those claims, suits, actions or proceedings arising from the sole negligence or sole willful conduct of the City, Its officers, or employees known to, but not objected to, by the Applicant. Applicant's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Applicant, at its own expense, shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Applicant's Indemnlilcation of City shall not be limited by any prior or subsequent declaration by the 13-19 ?71i Fnllrth Avenue I Chula Vista I California I 91910 I (6191691~6101 ~\(?- ~.. ._~ - Planning & Building Department Pimming Division I Development Processing CITY OF CHULA VISTA Development Permit Processing Agreement - Page 3 Applicant At its sole discretion, the City may participate at its own expense in the defense of any such action, but such participation shall not relieve the applicant of any obligation imposed by this condition. 4.6 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this agreement against the City unless a claim has first been presented in writing and filed with the City of Chula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1 .34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are 'Incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of 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 setting their hand hereto on the date set forth adjacent thereto. City of Chula Vista 276 Fourth Avenue Chula Vista, CA Daled: By: Dated: I}ii /0<6 , 610 West Ash Street. Suite 1500 ( ~/~.' '~)'/Z"i i San DieDo, CA 92101 ,c, ..;/ / II I I j' /' /;, .~/- ~ /' Y----. /G - A-v~ XR Promotions. LLC By: 13-20 ')78 r::::-,,"rlh 6\1on""" I rh"I:::o \/id::\ 1 r;:::liif"rnr;: ! Q101n ! [R,OI RQLS1n1 Mitigated Negative Declaration 47//'K-II-M PROJECT NAJvlE: PROJECT LOCATION ASSESSOR'S PARCEL NO.: PROJECT APPLICANT: CASE NO.: DATE OF DRAFT DOCillvlENT: DATE OF RESOURCE CONSER V A TION COMMISSION MEETING: DATE OF PLANNING COMMISSION HEARING: DATE OF CITY COUNCIL HEARING DATE OF FINAL DOCillvlENT: PREPARED BY: Conditional Use Permit for the 2008-2009 Temporary Championship Off-Road Racing Events East of the existing terminus of Main Street, east of Heritage Road 644-030- 19-00, 644-060-06-00, 644-060-07-00, 644-060-08-00,644-060-09-00,644-060-]2-00 XR Promotions, LLC IS-08-0] 1 Apri] 25,2008 May ]9,2008 June 25, 2008 July 8, 2008 June 9, 2008 Glen Laube, Senior Planner Revisions made to this document subsequent to the issuance of the Notice of Availability of the draft Mitigated Negative Declaration are denoted by underline. A. PROJECT SETTING The proposed project site is located within a portion of Otay Ranch, in southern San Diego County, California (Figure 1). The proposed project site occupies 175.6 acres generally located east of the Main Street I Heritage Road intersection, in the City of Chula Vista as shown in Figure 2. Geographically, the project site is comprised of three distinct areas, which include the general admission parking area, racetrack (and associated supporting uses), and lower camping area. The general admission parking is located within the development area of the Otay Ranch Village Three Sectional Planning Area (SPA) Plan and is comprised of lands that are disturbed as a result of ongoing agricultural operations. The racetrack area which includes the track, pit areas, grandstands, and upper camping area is located within a portion of the existing Rimrock quarry in areas that have been fully disturbed as a result of continued mining operations. Lastly, the lower camping area is located south of the racetrack, across Olay River, and is also comprised of lands that are disturbed as a result of ongoing agricultural operations. Page 1 on 7 13-21 J / --~ Orange Coun ty 8 ~ ^; if; u " ~ ~ " , " " , 0 z " 0 z , "- ~ ffi ~ ~ , ., ;; N 0 o ...~....--. lMiles 4 8 ~- ------. ~ ----. ~-. Riverside County Fallbrook '" Camp Pendleton \\, Va ley Center Escondida DelMar \ laJola ~ Alpine Imperial Beach o~ '. . - :'. .,".......,..',.,.__. -----.-.-- - ~"""., O@mo,,-,_ ,,<;,; . _..____ OtayM~__ Mexico 2008-2009 Temporary Championship Off-Road Racing _ MND I fIG~RE I Regional Map 13-22 " ~ m " ~ ~ m " E z. ~ ~I " " , o z ~ z , n I ~ , 0; i;; N '",' ,:~.:;;;..LJ,"_ - lll}"':l;"---- - ..- ".- -- .j. . <> O^ """, " -.,:.' " ,0 ,....,'" ,_'6- v '81" -'- " _l~ .., t~ ,.'1'>1 . '\~<'" "'~'-' "1' ;\~'~.f",.,ii ' "~~ sJli f; :;7/';'''-; - - ,'_,.... Ir,,--'O.,- I J~ I.' '1, r '...~ /...:;: ~;H 0 \Ii ~ l-' I F 1. D .' L -- ~ ' . 13 "G~'~" ~" .,.-u-::-'~'-.L~~':~ X I L I A R Y ,\, P. S 1 A T I ,] " ~'J:h n__nn '-Co, f"oo' ;', i, iuol ~Z2 ~.""'-~-'n y~ p.. 1 "v ? f I:'~~~-.';r:::~>~-~.,~_.. _,' '~@-~t,-. I." ..--:., - ~, F:fw....~rt~--:.~-~ I 'Sdj;;: _':;"'~:-:; Sl6 -'<"~ .-,- .' :~ ,j,~ ,j M'"'M ,=Jil:,::":~::~:~~,:,- oj h~' ,:',' .~:~; '.;'- !,"' '.$;;$-,<' .( " /,-' ..,;U . , , , :- ',-" ,. ",1>' -r , ,>-. ~ ~. 1.-' .' , ~b ,... c "; " .<'$"'''' ;,' ): .' ~ ~1" .' . , " , if , ,<,0 -:-.,.,,-. ...:- l-fll~f;f)p..~Tf . ~'< " '>, b /'-.. \ :~ Bird Ranch". :;}.;... __~~-,-. _:Wa '\ ; " . 29 ~ '"' o ~ ,. BASE MAP SOURCE: legend ~Shu!tle!~ccess = Vehicle Access IMPACT TYPE: i c::=J Parking - Village 3 ! ~~ Parking/Camping/Pits i ~~~1 Camping i~Track i~VIPparking :~"l!!ITV I l~UnusedAdoPtedArea ..." ~c~ o ' ~ C0rc~~,~;/,~.; ~c~ ;c"~ '" " " , /, '-'-, ,'. \.....'-~-;,.~ . ..,f~:.',(/:-' .- ,,/_ 0') ./ .',"/ / ._/)v , ./- :':"- b '\ ~ 'I OTA'i ..:22 I 2008-2009 Temporary Championship Off-Road Racing Vicinity MND \ FIGURE \ Map 2 13-23 Access to the racetrack from the general admission parking and lower camping areas is provided by several existing, unimproved access roads. The project site, specifically the racetrack and lower camping areas, are bordered on all sides by preserve lands designated by the City's MSCP Subarea Plan. Preserve areas adjacent to the project site include Wolf Canyon located east of the general admission parking area and the Otay River Valley corridor, which separates the racetrack trom the lower camping area. The existing conditions on the quarry site consist of land that has been fully disturbed by ongoing aggregate mining and processing operations. Current mining operations include rock drilling, blasting, resource extraction and processing, stockpiling of construction aggregate and waste products, and transportation of processed materials from the site to serve the market. Mining on this portion of Otay Ranch has been ongoing since the early 1920s. Materials processing (crushing, screening, sorting, and stockpiling), loading, and hauling activities have been completed at the site being proposed for a racetrack. Mining, involving blasting, excavating, loading, and hauling aho occurred on the proposed project site, and slowly moved northward as design elevations were reached. Operations were conducted up to 7 days per week, up to 24 hours per day, with extended hours in response to particular construction projects in the regIOn. As previously stated, the proposed racetrack, parking areas and other uses associated with the proposed project were intentionally sited and designed within fully disturbed areas. The intent of siting the project within previously disturbed areas was to avoid direct impacts to adjacent pres;"rve areas. However, the southernmost portion of the project, including portions of the pit and vendor areas, is located within an area designated as Preserve within the City's MSCP Subarea Plan: This area was previously disturbed as a result of an unauthorized encroachment by a former quarry operator, Subsequent to the encroachment, the quarry's reclamation plan boundary was amended in 2006 to include the expansion area. To compensate for the southem encroachment, the amended reclamation plan was required to contain a conceptual restoration plan designed to restore this area back to a level consistent with the adjacent undisturbed Preserve areas following the completion of phased mining activities as described therein. Surrounding land uses within the general vicinity of the project site include future Otay Ranch Village Three and the Otay Landfill to the northwest, developed residential uses to the south, and the Cricket Wireless Amphitheater and Knott's Soak City V:.a!~r Park to the southwest. PRIOR APPROVALS AND ENVIRONMENTAL DOCUMENT AnON Olav Ranch General Develoomenl Plan/Subre"ional Plan Prorzram EJR The Final Program Environmental Impact Report (Program EIR #90-01) for Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) was prepared and certified jointly by the City of Chula Vista and County of San Diego. The Program EIR 90-01 addresses the environmental impacts of implementation of the Otay Ranch GPNGDP/SRP and related documents, which include Facility Implementation Plans, a Village Phasing Plan, Phase One Resource Management Plan (RN1P), and a Service/Revenue Plan. Page 40f37 13-24 As part of Program fIR 90-0 L a Mitigation Monitoring and Reporting Program (MMRl') was prepared to define implementation of the mitigation measures described in the Program fIR. Relative to the project site, the Program fIR identified significant noise, biological resources, air quality, geology, cultural resources, paleontological resources and cumulative agricultural resource impacts associated with build-out of the site in accordance with the GDP. Villaze Two. Three and Four (Dortion) SF A Plan and TM Second Tier EIR The primary parking area for the proposed project is located within the Otay Ranch Village Three plarming area. In accordance with the General Plan and Gtay Ranch GDP, the site (as part of Village Three) is planned for industrial and open space uses. A SPA Plan has been prepared for Otay Ranch Villages Two, Three and portion of Village Four. A final EIR was certified for the proposed SPA and 1M (ElR #02-02), on May 23, 2006. The EIR addresses buildout of Village Three in accordance with the SPA. Industrial uses are planned for the proposed event parking area. The EIR identified the following environmental issue areas as significant and unmitigable: Relative to the project site, this Second Tier EIR identified significant noise, biological resources, air quality, geology, cultural resources, paIeoloptological resources and cumulative agricultural resource impacts associated with build-out of the site. Mitigation measures were provided to reduce impacts to these resources. Issues addressed in the fIR that are relevant to the proposed action include potential impacts associated with air quality, cultural resources. hazards and hazardous materials, water quality. paleontological resources, and geology and soils. In addition, data from biological surveys for this project were used to address biological impacts for the proposed 2008-2009 CORR events. Hanson Az,!rezates Pacific Southwest. lnc.. Otav Ranch Pit Amended Reclamation Plan. J'vfND The VIP parking area, pit area, track, and grandstands are fully located within the existing boundaries of the Otay Ranch Quarry Reclamation Plan. In April 2006, the State Mining and Geology Board prepared an MND that evaluated an amendment to the site's original reclamation plan approved by the County of San Diego in 1980 (RP79-09). The amendments included adjusting limits of the active quarry operations to include areas that were disturbed by a former quarry operator as a result of on-going extraction operations, The proposed amendments revised the current reclamation plan boundaries to include approximately 38 acres of fully disturbed land and eliminate approximately 29 acres of undisturbed land located within adjacent Wolf Canyon. Additionally, the proposed reclamation plan included a revised termination date for surface mining operations, identified a post mining land lise, established monitoring criteria for mining operations, and provided a conceptuallandscape/restoration plan and phasing for implementing the ultimate reclamation design. The MND addressed impacts associated with cultural resources, hazards and hazardous materials, and found them to be significant but mitigable. Page 5 of37 13-25 Mili"ated Ne~ative Declaration (jl,fND) for a Conditional Use Permit for a Temoorarv Chamoionshio Off-Road Race (AfND 13-07-030) As discussed in Section A, the proposed project site was previously used for off-road racing activities in 2007 as addressed in the MND for a CUP for Temporary CaRR (IS-07-030) dated May 29, 2007. The environmental analysis in MND IS-07-030 addressed the potential impacts to the environment from event operations including site preparation, race activities, and post race clean-up. Issues addressed in the MND include Aesthetics, Air Quality, Agricultural Resources, Biological Resources, Cultural and Paleontological Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise Public Services, Transportation/Traffic, and Utilities and Service Systems. MND IS-07-030 concluded that the proposed project would result in potentially significant impacts associated with air quality, cultural and paleontological resources, geology/soils, hazards and hazardous materials, hydrology/water quality, public services, and transportation/traffic. All impacts were determined to be reduced to below significance tluough project design features and mitigation measures. This document is incorporated by reference and is available for review at the City of Chula Vista Planning and Building Department, 276 Fourth Avenue, Chula Vista, CA. (Addendum 10 Mil/zated Ner.ative-Declaration 13-07-030) Following the first event held in June of2007, an addendum to MND IS-07-030 was prepared in order to address minor changes to the previously approved project that would effectively improve event operations and internal access for the next scheduled race event on September 28- 30,2007. The proposed changes included an expansion of the Otay Ranch Village Three parking area and a new parking/camping area within the boundaries of the existing quarry. Based on the results of the updated technical studies, the proposed changes to the project would not result in any new environmental effects that were not considered in the MND IS-07-030, nor would the changes increase the severity of any of the impacts previously identified in MND IS-07 -030. No new information of substantial importance became available after the preparation of the project MND. The mitigation measures identified in MND IS-07-030 were equally applicable to the revised project and were implemented in accordance with the adopted Mitigation Monitoring and Reporting Program (MMRP). B. PROJECT DESCRIPTION The proposed project involves a Conditional Use Permit to operate two seasons (2008 & 2009) of temporary, off-road racing events within a portion of the existing Rimrock Quarry currently used for material stockpiling and equipment storage (Figures 1 and 2). The 2008 race events will occur over three non-consecutive weekends: July 25-27, September 12-14, and December 5-7. The 2009 schedule is not .available at this time; however, race events are anticipated to be comparable to the 2008 event schedule with three non-consecutive weekend events tentatively scheduled between mid-June through November of 2009. Race-day events will generally occur from 7:00 am - 7:00 pm with restricted testing and qualifying sessions occurring on the Friday before each race event from'rG.:OO amc 5:00 pm. Page 6 of 37 13-26 Event-related activities include: . Racing on Saturdays and Sundays of event weekends. . Pre-race track trials and qualitlcations (Friday before event weekends). . Friday through Sunday overnight camping for race participants and event attendees on event weekends. . Event Parking. . Shuttles carrying spectators from the parking and camping areas to the race track. . Live music (not concerts) before, during and after race events. . Nighnime security lighting. Event racing will include six competition classes comprised of A TV" s, Single Boggy, Super Buggy, Pro 4 (truck), Pro 2 (truck), and Pro Lite (truck). Each vehicle class will race once per day, with the exception of Pro Lite, which would run twice/day, for a total of seven races per day with each race separated by 15 to 20 minute' intervals to allow for track grooming and watering. The number of participants and laps associated with each race is dependent upon vehicle class ranging from Super Buggy (38 participants running 10 laps) to Pro Lite (14 participants running 16 laps). In addition to the event weekends, six one-day practice sessions are also proposed for both the 2008 and 2009 race seasons. Practice sessions are anticipated to occur throughout the race season. Practice sessions for the 2008 race season are preliminarily scheduled to occur as follows: two practice sessions between June 16 and July 23, two practice sessions between August 1 and September 10, and two practice sessions between September '21 and December 31. Although the 2009 schedule is not available at this time, two practice sessions would be anticipated to occur between January I and February 14, two between June 16 and September 15, and two between September lSand December 31. The City will be given two weeks notice prior to each practice session. Non-event practice sessions are not open to the general public. Non-event practice session activities include: . Practice from 9:00 a.m. to 5:00 p.m. (will not run concurrent with quarry operations). Between 15 and 40 teams. A maximum of 12 vehicles on the track at anyone time. A maximum of61aps run by a vehicle at anyone time. Self-contained pit areas for tuning vehicles. An ALS ambulance and CORR safety truck on-site. . . . . . The nature of practice sessions is such that vehicles are not running constantly. . There are continual interruptions during these sessions, including teams working on their vehicles in the pits, watering the track to control dust, and clearing the track to tow vehicles which have stopped running. As a result of these frequent interruptions, practice sessions do not run constantly. The site layout and orientation of uses for the proposed project are graphically depicted on Figure 3. The site plan includes a temporary racetrack, stands/bleachers for spectators, food areas, pit areas for race participants, camping areas, and parking areas. Page70f37 13-27 ~~, ~;~, ~'-':'i.,;" W.,!)\ ~';'i\ ~-\ fil ~\ ~ ~ ~ 0:; li,. f-Ill i go ~ .[ ~~~~~ ( , , , o , i \ , I .\ \ i 5 0 0 ~ , i u ,- 0 ci: " " ci: . . . [ 0 , u e 0 ~ . ci: ...... ;...~; ~,.. , '..~..:~:.:\ II cry I CO '" Z " "'" - '" = '" c " .u .... ~ "'" -g '" '" Q ~ ~ I- 0:> CO '" '" " c: c "C 0 0:> "g- on ~ c Co U c ~ ~ ~ C- o = c ~ e- m co co ~ 00 co co ~ ,. 13-28 Overnight camping is proposed within two designated areas: the upper camping area which is located within the existing quarry site, and the lower camping area within a 27-acre parcel designated for active recreational uses within the City's General Plan. The project includes fencing to provide security and to prevent unauthorized access to adjacent Preserve areas. The project has been designed to maintain a minimum buffer of 100 feet to the MSCP Preserve around the general admission parking area and lower camping site. Areas where a 100-foot bulTer cannot be established are separated from the preserve by topographic features, existing berms, and/or fencing. The location of the track was sited in a manner that makes effective use of the existing topography and earthen berms as noise attenuation features. Specifically, an approximate 1"5 foot-high shear rock face separates the track from the adjacent open space areas located to the east. Similarly, "an existing earthen berm approximately 6,500 feet in length and ranging from 10 to 14 feet in height, separates the main access road, track, pit, and vendor areas from open space areas located to the south.' In addition, the proposed project also includes installation of noise attenuating vinyl sheets on the back of the grandstands south of the racetrack. Vehicular access to the general admission parking area located within Otay Ranch Village Three will be provided via ex.isting Energy Way. Vehicular entrances to the racetrack, VIP and handicapped parking lots, and the upper camping area. will be provided via Wiley Road (existing quarry access) from Main Street. Access to the lower camping area is provided via an existing unpaved access road located off of Heritage Road. Pedestrian access through Wolf Canyon and across the Otay River will be prohibited. The event organizer will provide shuttles to transport race patrons from designated pick-up/drop-off locations within the general admission parking area and lower camping area to the racetrack. Parking for the event includes 2,847 spaces for general admission and VIP parking and 39 handicapped parking spaces consisting of 5 van accessible spaces and.J4 automotive spaces. Access to the general admission parking area in Otay Ranch Village Three will require minor modifications to the cul-de,sac located at the eastern terminus of Energy Way. Modifications to the Energy Way cul-de-sac include temporary replacement of the existing curb and chain link fence with asphalt driveway, and ancillary BMPs including but not limited to crushed gravel and/or "rumble plates". Post-event activities consist of site clean up and installation of BMPs in accordance with the quarry's existing SWPPP. All trash and debris generated by the proposed project, including containers with hazardous materials/waste, will be removed and properly disposed of in accordance with local, state, and federal laws. Page 9 of 37 13-29 DISCRETIONARY ACTIONS/OTHER PROJECT APPROY ALS A Conditional Use Pennit (CUP) will be required to conduct the proposed temporary race events and non-event practice sessions. The following additional approvals will be required in order to implement the proposed project. . City of Chula Vista Engineering: approval of the Stormwater Pollution Prevention Plan (SWPPP) and Traffic Control Plan; City of Chula Vista Police Department: approval of Security Plan and Tramc Control Plan; and City of Chula Vista Fire Department: approval of Emergency Medical Plan. . . C. COMPLIANCE WITH ZONING AND PLANS The majority of the project site is part of the Otay Ranch General Development Plan (GDP) and Resource Management Plan (RJvlP). The GDP and RJvlP 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. Areas of the project site not covered by the Otay Ranch GDP include the track and pit areas located within the active quarry site. Those portions of the project are located in an area identified as "not a part" in the Otay Ranch GDP and RJvlP would not be subject to any of the requirements ofthe RJvlP or GDP, including conveyance requirements. 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 development within this area. The proposed activities will be a conditionally permitted 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. Otay Ranch Pit Reclamation Plan The Otay Ranch Pit Reclamation Plan was prepared in accordance with the Surface Mining and Reclamation Act (SMARA) of 1975. The reclamation plan details (I) the beginning and expected ending dates for each phase of mining activities; (2) all reclamation activities required; (3) criteria for measuring completion of specific reclamation activities; and (4) estimated costs for completion of each phase of reclamation. The total land area included in the adopted reclamation plan totals 157.7 acres. As described in the reClamation plan, the ultimate reclamation of the quarry would occur in a manner that would facilitate future development within this area consistent with the City.s General Plan. Additionally, the adopted reclamation plan includes a biological restoration plan designed to restore previously disturbed Preserve areas back to a level consistent with the surrounding undisturbed open space Preserve areas to the south. Reclamation of the disturbed Preserve areas is not scheduled to occur until the completion of extraction activities associated with Sub-phase 5.3 and Sub-phase 5.4, respectively, which is Page 10 of37 13-30 approximately 25 years from present. Given the temporary, short-term nature of the project. no adverse impacts are anticipated that would prevent the ultimate reclamation of this site as detailed in the currently approved reclamation plan RP 79-09. City o{Chula Vista Multiole Soecies Conservation Prof!ram Subarea Plan The Multiple Species Conservation Program (MSCP) Subarea Plan was prepared by the City of Chula Vista in coordination with the Federal and State Regulatory agencies in order to implement the MSCP Subregional Plan within the City of Chula Vista. The City Council adopted the MSCP Subarea Plan on May 13,2003. Subsequently, the Wildlife Agencies issued the City a Take Permit and signed the Implementing Agreement granting the City Take Authorization on January 1 1,2005. The existing q~larry site is recognized by the City's MSCP Subarea Plan as a legal, non- conforming use, in operation at the time the underlying zone was established. As such, existing mining activities have continued to operate under legally existing permits. The City's MSCP Subarea Plan designates areas surrounding the quarry site as development areas of a covered project. Potential indirect impacts to the City's MSCP Subarea Plan are discussed below in Section E. Otav Vallev Rezional Park Conceot Plan The Otay Valley Regional Park (OVRP) Concept Plan was adopted in July 1997 by the Cities of San Diego and Chula Vista, and the County of San Diego. The OVRP identifies active recreation areas that are not a part of the Preserve, but are surrounded by Preserve areas. The OVRP Concept Plan does not change. existing zoning or planned land uses, or add new development regulations, nor does it preclude private development in designated recreation areas consistent with existing zoning or planned land uses. The proposed project is a temporary use and would not prohibit future planning or use of the area, as contemplated in the OVRP. D. PUBLIC COMMENTS On February IS, 2008, a Notice of Initial Study (N0l) was circulated to property owners and residents within a 500-foot radius of the proposed project site, as well as other interested parties. The notice period ended February 25, 2008. One written comment letter was received during the public review period and included comments pertaining to the project's consistency with the City's Multiple Species Conservation Program (MSCP) Subarea Plan. These issues are addressed in the Mitigated Negative Declaration sections below. _", On April 25, 2008 a Notice of A vailabilitv of the Proposed Mitigated Negative Declaration for the proiect was posted in the County Clerk's Office and circulated to property owners and residents within a 500-foot radius of the proiect as well as those individuals who have requested to be notified but who are located beyond the 500-foot radius. The 30-day public comment period closedowMay 25:',2008. Page 11 of37 13-31 The City received two comment letters during the 30-dav public review period (Attachment B. comment letters 'A' and'S'. respectively). Comment letter 'A' was submitted bv Flat Rock Land Companv. LLC and Otay Land Companv via Luce, Forward. Hamilton & Scripps. LLP ("Luce Forward"). The issue raised bv Luce Forward relates to the Applicant's proposed access to the site through lands not owned by the Applicant. Luce Forward also expressed a concern regarding the potential to establish a long- term or permanent facility within the quarry. . Comment letter 'B' was a ioint letter submitted by the Californian Department of Fish and Game and US Fish and Wildlife Service ("Wildlife Agencies"). The Wildlife Agencies expressed a concern with the proiect's consistency with the City's MSCP Subarea Plan. The issues raised in these letters have been addressed in the Mitigated Negative Declaration and attached checklist. as well as in the attached response to comments (Attachment "B"). E. IDENTIFICA nON OF ENVIRONMENTAL EFFECTS An lnitial Study conducted by the City of Chula Vista (including the attached Environmental Checklist form) determined that although the proposed project could have a significant environmental effect, there would not be a significant effect in this case because mitigation measures described in Section F below have been added to the project. Therefore, the preparation of an Environmental Impact Report will not be required. This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. Air Quality To assess the potential air quality impacts of the project, an air quality assessment was prepared by Scientific Resources Associates (2008). The results of this analysis are summarized below. Thresholds o(Sieni(icance To determine whether a project would create potential air quality impacts, the City evaluates project emissions thresholds in accordance with the South Coast Air Quality Management District (SCAQMD) standards. Short. Term Ooerational Emissions Short-term operational emissions were modeled to include spectator vehicles, RVs, concession support vehicles, shuttle buses, race participant vehicles, and water trucks. Emissions for offroad racing vehicles were based on recreational vehicle emission factors from the California Air Resources Board's (~ARB) OFFROAD2007 model. To estimate emissions associated with project-generated traffic, the URBEMIS Model, Version 9.2.4 was used. Page 12 of37 13-32 The results of the air quality modeling for short-term operational emissions are presented below in Tables 1 and 2. Based on the modeling results for unmitigated operational emissions (Table 1), the proposed project would exceed the SCAQMD's thresholds for CO. PM1o, and PM". Other project emissions associated with operational activities, including CO. VOc, NO" and sax, would not exceed SCAQMD thresholds. SUMMER TOTAL WINTER TOTAL SCAQMD Threshold Above Threshold? There will be ] 5-minute intervals between races, during which time trucks would spray water on the track to control fugitive dust; thus there will be a minimum of 7 passes (7 races per day). Based on the control efficiency in the URBEMIS model, 3 passes of watering per day provides a 6] percent control efficiency on unpaved roads; therefore it was assumed that 6 passes per day would provide a 90 percent control efficiency. This would be consistent with the SCAQMD . CEQA Air Quality Handbook (SCAQMD ] 993), which projects a control efficiency of up to 85 percent for watering three times daily on unpaved roads. Table 2 below presents a summary of mitigated operational emissions following implementation of dust control measures to control fugitive dust. Implementation of this mitigation would reduce emissions of PM10 and Pl'v'lzs to below the significance thresholds. . TABLE 2: Mitigated Short-Term Operational EmissiOns SUMMER TOTAL WINTER TOTAL SCAQMD Threshold Above Threshold? 64.36 67.32 100 No 0.75 0.75 150 No 135.27 135.29 150 No 18.39 18.42 55 No The mll1gation measures contained in Section F would reduce short-term operational related impacts to a level of less than significant. These measures are included as a part of the Mitigation Measure Monitoring.and Reporting Program. Non-evenl Proclice Session Emissions Practice sessions would be held prior to the racing events. Emissions were calculated in the same manner that was used to determine event-related emissions, and the results are presented below in Tables 3 and 4. Short-term operational emissions were modeled for practice attendee vehicles, . transport vehicles, and race participant vehicles. Page130f37 13-33 Based on the modeling results for urunitigated non-event practice session emissions (Table 3), the proposed project would exceed the SCAQMD's thresholds for PMIO. Other project emissions associated with operational activities, including CO, Voc, NOx, SO" and PM2; would not exceed SCAQMD thresholds. SUMMER TOTAL WINTER TOTAL SCAQMD Threshold Above Threshold? Table 4 below presents a surrunary of mitigated operational emissions following implementation of dust control measures to control fugitive dust. Implementation of this mitigation would reduce emissions of PMIO to below the significance thresholds. Impacts would be less than significant with mitigation incorporated. SUMMER TOTAL WINTER TOTAL SCAQMD Threshold Above Threshold? 7.14 7.00 75 No 49.84 49.84 150 No 5.48 5.48 55 No Implementation of the mitigation measures in Section F below would reduce potential air quality impacts associated with non-event practices sessions to a level ofless than significant. CO Analvsis (Hot Soots) In order to determine the potential for significant air quality impacts associated with CO emissions, an evaluation of CO hot spots was completed. This was done to determine if the proposed project emissions would exceed the acceptable regional criteria and violate the California ARB's CO standard of20 ppm averaged over one hour. The intersections evaluated included Nirvana Road and Main Street, where vehicles would turn from Main Street to access the parking lot; and the intersection of Nirvana Road and Energy Way, where vehicles would turn to access the parking lot. Future CO projections for these intersections were modeled using the existing lane configurations. The projected traffic volumes were then modeled using the CALINE4 dispersion model and the resultant values were added to the ambient concentration. Based on the results of the CO hot spot analysis, the proposed project would result in a maximum-one hour concentration of 5.7 ppm at the intersection of Nirvana Page 14 of37 13-34 Rood and Main Street, which is below CARB's significance threshold of 20 ppm. Therefore, impacts associated with CO emissions are considered less than significant. Global Climate Char/!;;e Greenhouse gas emissions associated with the proposed project were estimated for vehicles using the URBEMIS and EMFAC2007 Models. Emissions of CO2 would be 7.81 tons from transport and concession vehicles and shuttle buses. FOr practice sessions, emissions from participants traveling to the site would be 7,541 pounds, and racing vehicle emissions would be 3.07 tons. Emissions of CO2 from vehicles traveling to the site would be 36,564 pounds per summer day and 36,004 pounds per winter day. Total operational emissions were estimated at 142.64 tons per year, in comparison with California state-wide emissions of 492 million metric tons per year. Recognizing public interest regarding climate change and recent California legislation on this topic, this section provides information and analysis on climate change related to the proposed project. The information provided is based on recently established State of California goals for reducing greenhouse gas (OHO) emissions as well as a project-specific emissions inventory developed for the project. Because climate change implications resulting from individual project decisions is relatively new within CEQA, the analytical approach is based on the limited amount of currently available research and legal direction, and initial policy directives of the City of Chula Vista to quantify OHG emissions resulting from the project for purposes of public disclosure and providing for informed decision-making as called for in the CEQA Guidelines (Section 15146). The USEPA does not currently regulate GHGs. Notwithstanding the lack of USEPA regulation of GHG emissions, in 2006 the California State Legislature adopted Assembly Bill No. 32 (AB 32), the California Global Warming Solutions Act of 2006. AB 32 requires the California Air Resources Board (CARB), the state agency charged with regulating statewide air quality, to adopt nlles and regulations that would achieve GHG emissions equivalent to statewide levels in 1990 by 2020. AB 32 establishes a multi-year timeline for the development and implementation ofGHG reporting and mitigation policy. Executive Order S-01-07 was issued by the Governor of California on January 18, 2007. Essentially, the order mandates the following: (I) that a statewide goal be established to reduce the carbon intensity of California's transportation fuels by at least 10 percent by 2020; and (2) that a Low Carbon Fuel Standard for transportation fuels be established for California. CalEPA is identified as the lead in coordinating implementation of Executive Order S-O 1-07 while CARB is identified in AB-32 as establishing statewide GHG emissions standards. Coordination between CARB and CalEPA will be needed to implement the requirements of AB-32 and Executive Order S-01-07. 13-35 Page 15 of37 In summary, current State of California guidance and goals for reductions in GHG emissions are generally embodied in AB-32 and Executive Order S-O 1-07. AB-32 establishes a goal of reaching 1990 levels by 2020 and describes a process for achieving that goal. Executive Order S- O 1-07 generally calls for the follmving for reduction of GHG emissions: . 2000 levels by 2010 (I] percent below business-as-usual) 1990 levels by 2020 (28.8 percent below business-as-usual) 80 percent below 1990 levels by 2050. . . Based on this guidance, project-related impacts and mitigation measures for GHG should focus on the project's contribution towards achieving the emissions reduction targets for 2010,2020 and 2050. As such, a typical development project may consider design features that improve energy efficien€y above "business as usual" standards. Over the long-term, and on a cumulative basis, such measures would have the effect of reducing GHG emissions. However, because the proposed project is short-term and temporary, its contribution to cumulative GHG emissions . over the planning period for State-wide GHG emission reduction strategies is negligible. In addition, CORR will implement feasible emissions reducing practices such as offering preferred parking for carpools, participation in a recycling program, prohibiting diesel fueled' vehicles from idling and using bio-diesel and ethanol powered machinery where practical (i.e., generators). The emissions reducing practices described above have been incorporated into the project design and shall be regulated by conditions included in the CUP. Impacts would be less than significant. Biological Resources A Biological Resources Report and Impact Analysis was prepared by Dudek (2008). to assess the potential biological resource impacts of the project. A copy of the biological resources report is available for review at the City's Planning and Building Department. Focused surveys for the California gnatcatcher were conducted on May 18 and 25, and June 2, 2007. Additionally, presence/absence surveys for the least Bell's vireo were conducted between April 27 and July 30, 2007. The 175.6-acre project site consists of 119.2 acres of annual (non-native) grassland and 56.4 acres of developed/disturbed land (Figure 4). The general admission parking area, lower campsite, southern portions of the track site, and grandstand areas are designated as Development Areas of a Covered Project under the City's Multiple Species Conservation Program (MSCP) Subarea Plan. The majority of the track, upper pits, and upper camping area are designated as a Minor Amendment Area under the City's MSCP Subarea Plan. The remainder of the site, specifically the southernmost portions of pit and vender areas are within preserve areas that have been fully disturbed as a result of on going mining activities. The surrounding land to the north, south, east, and west consists primarily of 100 percent Preserve areas. Page 16 of37 13-36 ~"~SllullleAcce.. ~= V.h_jCJ8AGCn~ ~c=JPrQlectSlle i~MscPP'ese(ve . ~ iLilndcovers. ~ V"gel~lion TYP~~on-".". C;,..."M ~W4(iLAnn". S.g..S''''h ...... ~ Css C04"aj W { DEVO"".lope'i I DH [)"L",b.Ql,n~ W F,,,,,.,.,.,,..,,,,h -.J I F\NM I ,,,'5'''''' \ M~S ...", S""b MilS '.1".o1R""",.0 hlhmM'.k"""b ~ MJlr,jJS ~"',,J Il..,.".n S"" i M5~ MI,,""',. S.".<,~.o. ~O"QS H'~ iR."q.L.I.~\ ~ MSSIR:~",,:::~':,~O:':::~':~ , ~"y<; . l~ r."""", Saul) Tilm."" ~'''' iCOF,-, 001'111> T",.c \I'i,y""dl.W._"G..~""a ::: '::'::,~,~,~,'~~::~~:~:,:_::':~~ S<",,, GI'l." ~ JMf'~GTrYPE~"",,,'"l mV"'f',,,,,,orj SI:.~.:I"""'''''I._"".,,,'''''!'t~r\l ~ C::'] P:,.4"'q;<., f:Sf&'J 'J"''',,, ~ I:~~:J '_'.lm","~ _ _ _ _ '~t;~"'F~".~ :~ "":\,''\.'-''''.'\.'i:TY~l:IS",... ;;~:&):,iR;y,S0l9f" ", . "'. '~~:4\ C'_"-'.~:),t.':::_.:,., ,~~~1:J~;..'- .;. I FIGURE I - MNO 4 - If-Road RaCing - _ ChampionshiP 0 R 1I rces 2008-2009 Temporary Biological eso Direct Impacts Vegetation Communities Based on the results of the biological report, implementation of the proposed project would result in direct impacts to 119.2 acres of annual (non-native) grassland and 56.4 acres of developed/disturbed land. Site preparation for the general admission parking and lower camping areas (i.e., grassland areas) would consist of mowing in conjunction with ongoing agricultural operations, such that roots and approximately one inch of vegetation would remain intact to stabilize the soiL Thus, upon completion of the race events the vegetation would return to pre-project conditions without the neep for active restoration. Therefore, impacts to annual grassland within the parking and camping areas are considered less than significant. The remainder of the site, including the proposed track, VlP parking, pits, upper parking/camping areas and ancillary access roads consists of lands that have been fully developed/disturbed as a result of ongoing quarry operations. lmpacts to developed disturbed lands are considered less than significant. Sensitive Plants No state- or federally-listed endangered or threatened species or covered species under the City's MSCP Subarea Plan were observed within the project boundary. Due to the extent of disturbance present, lack of suitable soils, and known occurrences in the site vicinity, none are expected to occur. Therefore, direct impacts to sensitive plant species are considered less than significant. Sensitive Wildlife Based on the survey results presented in the biological report, no state- or federally-listed threatened or endangered animal species, or covered species under the CitY's MSCP Subarea Plan, or evidence of nesting birds (i.e., nest building, territorial defense, transport of nesting material or food for young, etc.) was identified within the boundaries of the project site. Given the extent of disturbance over the project site, the potential for sensitive wildlife species to nest within the study area is considered low. However, Burrowing Owls are known to occur in the vicinity and can nest in burrows found on disturbed agricultural land. lmpacts to this species could occur as a result of site preparation (mowing) of the general admission parking area and lower camping area. lmpacts to this species would be considered significant. lmplementation of the mitigation measures contained in Section F of this MND would reduce impacts to burrowing owls to a level of less than significant. Areas containing non-native grasslands have a moderate potentiai to provide foraging habitat for several avian species. As discussed above, site preparation does not invol ve soil disturbance that would result in a penn anent loss of foraging habitat. Rather, site preparation involves mowing of the general admission parking and lower camping areas (i.e., grassland areas) such that roots and approximately one inch of vegetation would remain intact to stabilize the soiL Thus upon 13-38 Page 18 of37 completion of the race events, the vegetation would remain in-place and return to pre-project conditions. The proposed project would not result in a condition that would preclude continued use of these areas as foraging habitat. Impacts to potential foraging habitat are temporary and Jess than significant. Indirect Impacts Vegetation communities located in adjacent Preserve areas include coastal sage scrub, disturbed coastal sage scrub, disturbed maritime succulent scrub, freshwater marsh, mule fat scrub, mixed riparian scrub, mixed riparian scrub/tamarisk scrub, southern willow scrub, and tamarisk scmb. These vegetation communities are located outside of the project boundaries and would not be directly impacted by the project. Indirect impacts to sensitive biological resources are discussed below. As discussed in the biological report, areas adjacent to the project site support both the Coastal California gnatcatcher (Polioplila calif arnica californica) and the least Bell's vireo (Vireo bellii vl/sitlus). The Coastal California gnatcatcher is listed as a federally threatened species, a California Department of Fish and Game (CDFG) species of special concem, and is a Covered Species under the City's MSCP Subarea Plan. A protocol survey for the Coastal California gnatcatcher was conducted between May and June 2007. During the focused surveys, six pairs of gnatcatchers were detected, including one family group, four pairs in the eastern portion of the survey area and two in the northwestern portion. All detected species were observed outside the boundaries of the project footprint. The location and identity of these observations are discussed in detail in the biological resources report prepared by Dudek dated April 2008. The biological report concluded that the proposed project would not result in direct impacts to the gnatcatcher. However. the proposed project has the potential to result in indirect impacts as a result of edge effects to the species and or their habitat. Indirect impacts to the gnatcatcher are considered significant and require the implementation of mitigation measures identified below in Section F. By implementing the proposed mitigation, impacts to this species will be redilced to a level below significance. The results of the biological surveys also detected the presence of the least Bell's vireo adjacent to the project area, specifically in areas located immediately south of the track. The least Bell's vireo is listed as a federally endangered species, a California Department of Fish and Game (CDFG) endangered species, and is a Covered Species under the City's MSCP Subarea Plan. Presence/absence surveys for the least Bell's vireo were conducted in accordance with the currently accepted U.S. Fish and Wildlife Service (USFWS) protocol (January 19,2001) which included eight visits (with approximately 10-day intervals) to the site between April and July 2007. The survey results indicated that four individual species were observed within the adjacent southern willow scrub and mixed riparian scrub/tamarisk scrub habitat just south of the track location, outside the boundaries of the project footprint. The location and identity of these observations are discussed in detail in the biological resources report prepared by Dudek dated April 2008. Page 190f37 13-39 The biological report concluded that the proposed project would not result in direct impacts to the least Bell's vireo_ However, the proposed project has the potential to result in indirect impacts as a result of edge effects to the species and or their habitat. Indirect impacts to the least Bell's vireo are considered significant and require the implementation of mitigation measures identified below in Section F_ By implementing the proposed mitigation, impacts to this species will be reduced to a level below significance_ Adiacencv Management ]n order to minimize edge effects to the City's Preserve, adjacency management guidelines are included in the Subarea Plan_ All new developments located adjacent to the Preserve are required to adhere to these guidelines__ Although the proposed project is not a development project, adjacef\!:y guidelines are considered for the temporary event series_ These guidelines fall into the following categories: drainage, toxic substances, noise, lighting, unauthorized access, and invasive species_ Drainage The project has 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, runoff from the racetrack, spectator area and pit areas would drain into one of three desilting basins that will be temporarily converted to retention basins, ]n addition, BMPs would be implemented during site preparation, operation of the races, and post-operation to mitigate potential impacts associated with urban nmoff into sensitive habitat areas_ Similarly, 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 will be prepared for City review and approvaL Implementation of the Hydrology' and Water Quality mitigation measures contained in Section F of this l'vIND would reduce impacts associated with project runoff to a level of less than significant. Toxic Subslances The project would involve the use, transport, storage, handling and disposal of toxic substances such as gasoline and other automotive fluids_ Use of these substances would occur for a short duration of time for this event. No use of these substances would occur in the MSCP Preserve_ As discussed under the Hazards and Hazardous Materials section, BMPs would be implemented during all phases of the - project to mitigate for potential impacts associated with hazardous waste/toxins entering drainages_ These BMPs would be specified in the SWPPP that will be prepared for City review and approvaL ]mplementation of the Hydrology and Water Quality mitigation measures contained in Section F of this MND would reduce impacts associated with hazardous substances to a level of less than significant. Page 20 01'37 13-40 Noise Based on the results of the noise report (Dudek April 2008), at the closest riparian habitat area located directly south of the racetrack the hourly noise levels associated with the proposed project (without the use of fireworks) would range up to 73 dBA Leq. As previously discussed, the existing site conditions consist of on-going mining operations including rock drilling, blasting, resource extraction and processing, stockpiling of construction aggregate and waste products, and transportation of processed materials from the site to serve the market. Historical noise levels (i.e., over past 30- years) within adjacent preserve areas range up to 75 dBA Leq but vary day to day based on daily activities and equipment usage. The fluctuation of noise levels is evident based on results of on-site monitoring conducted in 2007, 2008, and the modeling efforts used to determine historical noise levels. As a conditional approval for the 2007 event, the project proponent was required to perform acoustical and biological monitoring of the event held in June in order to provide a qualitative evaluation of the observations recorded by the biological monitor relative to the monitored event noise levels. As anticipated in the previous MND (IS 07-030), the actual hourly operational noise levels measured at the closest preserve area located directly south of the track area ranged from 65 to 76 dBA Leq, which was within the range of existing (2007 ambient) and historical (estimated pre-2007) noise levels. Concurrent with the acoustical monitoring, the June 2007 event was also monitored to ascertain the effects of the project on sensitive biological resources located within adjacent preserve areas. Species observed during the two-day event monitoring included: yellow-breasted chat, California quail, snowy egret, white-tailed kite, red-tailed hawk, great blue heron, tricolored blackbird (MSCP covered species), least Bell's vireo (MSCP covered species), California gnatcatcher (MSCP covered species), northern harrier (MSCP covered species), Amencan crow, song sparrow, brown headed cowbird, yellow warbler, California towhee, European starling, mockingbird, Bewick'.s wren, blue grosbeak, common yellowthroat, mourning dove and Anna's hummingbird. The results of the biological monitoring ofthe event concluded that fireworks discharged during the main event caused a brief disruption of "normal" bird activities (i.e., foraging, nest building, territonal defense, transport of nesting material or food for young, etc.). During the fireworks display, the biological monitor noted that numerous birds flew from the area but;'due to the short duration of the activity, birds were observed to quickly return to the habitat. Overall, except for the brief time period when the fireworks display took place, bird activity remained normal and the birds did not seem to be largely affected by the noise resulting from racing activities. Based on the results of the biological monitoring, fireworks were prohibited for subsequent events. Likewise, based on the results of the 2007 biological monitoring of the event, use of fireworks is prohibited for the proposed 2008-2009 event. Based on the updated biological survey results for the proposed 2008-2009 events, special status species that were observed before and during the race event were also observed after the events. Based on these observations, the biological report concluded that the California gnatcatcher, least Bell's vireo, and other observed special status wildlife activity were generally unaffected by the Page 21 01'37 13-41 race event in 2007. The biological monitoring of the 2007 June events described above support this conclusion. Therefore, based on the results of the biological monitoring, incorporation of project design features including earthen berms and acoustical mats, flItt! prohibited use of fireworks. and provision for use of controlled access through sensitive areas in addition to the adiacencv management mitigation measures described in Section F indirect impacts to sensitive biological resources associated with operational noise are considered less than significant. Lighting Temporary safety lighting associated with the proposed project would be limited to the pit area, spectator area, general parking area and camping area. The lighting for these areas would be directed downward, and away from the Preserve. The track portion of the project site would not be lighted, and.no race events would occur at night. Light spillage into adjacent Preserve areas would be considered a significant impact. Implementation of the mitigation measures contained in Section F of this MND would reduce impacts associated with lighting to a level of less than significant. Unauthorized Access Given the close proximity of the project site to the Preserve, there is the potential for unauthorized access of event patrons to enter sensitive biological resource areas. Ingress and egress throughout the proposed project site will be limited to existing access roads, and pedestrian use of the access roads from the general admission parking area and lower campsite is prohibited. As a condition of project approval, the event operator will be required to provide controlled shuttle services to transport patrons from the general admission parking area and lower campsite to the track area. Additionally, In order to address tRese iss'~:%, fea-1J.Ires hcwc been incorporated into the pro-jcet design to minimize water quality impacts. T!he project has been designed to maintain a minimum buffer of 100 feet from the MSCP Preserve around the general admission parking area and lower camping site. Areas where a 100-foot buffer cannot be established are separated from preserve areas by topographic features, existing berms, and/or fencing. Implementation of the mitigation measures contained in Section F of this MND will reduce the potential for unauthorized access into the Preserve to a level of less than significant. Invasive Species The project does not propose landscaping or erosion control BMPs that would introduce invasive species to adjacent Preserve areas. Impacts associated with the potential to introduce invasive species are considered less than significant. Cultural Resources Archaeological investigations were conducted on the project site for the 2007 CORR event and were previously addressed in lvIND IS-07-030. The previously adopted MND IS-07-030 concluded that implementation of the proposed project could result in significant impacts to two of the fourteen previously recorded sites. The two sites determined to be significant pursuant to CEQA (Section 15064.5) included SDl-9976 and SDl-12,291 b. Page 22 of 37 13-42 Impacts to these sites were avoided during the 2007 events through implementation of mitigation measures contained in the Mitigation Monitoring and Reporting Program (MMRP) adopted for MND IS-07-030. The mitigation measures implemented for MND IS-07-030 included fencing of significant areas to prevent any intrusion from camping, racing, and parking activities and on-site archeological monitoring during site preparation activities involving mowing. An updated letter report has been prepared by Brian F. Smith & Associates (2008) to evaluate the proposed project's potential to impact the previously recorded archeological sites. A copy of the updated cultural resources letter report is available for review at the Planning and Building Department. Based on the results of the updated letter report, the mitigation measures adopted as part of MND IS-07-030 would be required to reduce potentially significant impacts to SDI-9976 and SDI-12,291 b. These mitigation measures are contained oin Section F of this MND. Implementation. of the mitigation measures contained in Section F would reduce significant . impacts to archeological resources to a level of less than significant. Geolo2V and Soils Th.ere are no known geophysical conditions present that would expose people to significant geological hazards. Compliance with the building design and construction requirements of the . Uniform Building Code would. avoid potentially significant structural impacts associated with the grandstands resulting from seismic activity. Consequently, construction requirements associated with the temporary grandstands would be regulated by conditions included in the approved Conditional Use Permit (CUP). The project would have the potential to result in significant erosion impacts. Erosion control measures and erosion BMPs are identified in Section F 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 identilied in the SWPPP that would b.e prepared for City review and approval. With implementation of the mitigation measures contained in Section F below, impacts resulting from potential soil erosion would be reduced to a level ofless than significant. . Hazards and Hazardons Materials The proposed project would involve the transport, storage, and handling of hazardous materials including gasoline and various engine fluids. Hazardous materiais would be placed in an enclosure that prevents contact with runoff or spillage into a storm water conveyance system. Storage, wash, and maintenance areas for race vehicles and hazard'ous materials/waste, as well as portable restroom facilities would be lined with an impervious material to contain leaks and spills. Additionally, these areas would have a roof or awning to minimize direct precipitation within 'the secondary containment area. Impacts resulting from exposure to leaks/spills of hazardous materials would be considered significant. Compliance with the City's 2007 Fire Code and implementation of the mitigation measures pertaining to hydrology and water quality contained in Section F of this MND would reduce potential impacts related to hazardous materials to a level of less than signilicant. Project compliance with the City's 2007 Fire Code "(auld be regulated by conditions included in the approved CUP. . 13-43 Page 23 of37 Hydrology and Water Quality The project would involve activities .that have the potential to result in potential impacts to hydrology and water quality. During race events and non-event practice sessions, runoff from the site has the potential to contribute pollutants, including oil and grease. suspended solids, metals, gasoline, and pathogens to adjacent receiving waters within the Otay River. Once the temporary event series is complete, Quarry operations will resume and implementation of post- project BMPs will be performed in accordance with the quarry's existing SWPPP. Pollutants of concern associated with the proposed project are grouped into the following categories: . Sediments (Total Suspended Solids - TSS): anticipated pollutant from race track and non- paved parking areas . Metals: anticipated pollutant from pit service area, race track, vehicle wash area. and parking-lots . . Oil and Grease: anticipated pollutant from pit service area, race track, 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 food/beverage areas . Organic Compounds and Oxygen-Demanding Substances: anticipated pollutant from pit service area, racetrack, vehicle wash area, parking lots, restroom facilities, and foodlbeverage 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 buffer of 100 feet to the MSCP Preserve around the general admission parking area and lower camping site. Areas where a 100-foot buffer cannot be established are separated from the Preserve by topographic features, existing berms, and/or fencing. In addition, the proposed project has been sited within the existing quarry that currently operates under an approved SWPPP. Proposed improvements to existing BMPs include converting two of the site's existing detention basins located along the Otay River to the south to retention basins in order to ensure that runoff associated with the temporary events would not drain into adjacent Preserve areas. Runoff from the track drains to three infield retention basins. With project design features, potential impacts to water quality may still occur and would be considered significant. Project related runoff including short-term erosion impacts would' be reduced to a less than significant level by converting the site's existing detention basins to retention basins and installation of temporary erosion control devices required by the City':; NPDES Permit. In accordance with NPDES compliance standards, the project applicant shall obtain an NPDES Permit for Construction Activity from the SWRCB. Adherence to all conditions of the General Permit for Construction Activity is required. The applicant shall be required under the SWRCB General Construction Permit to develop a SWPPP and a Monitoring Program Plan. The SWPPP shall specify both construction and post-construction structural and non-structural pollution prevention measures. The SWPPP shall also address operation and maintenance of post-construction pollution prevention measures, including short-term and long- Page 2401'37 13-44 tenn funding sources and the party or parties that wi1l be responsible for the implementation of said measures. Preparation of a SWPPP to the satisfaction of the City Engineer is included in Section F as a mitigation measure to reduce potential impacts to water quality to less than significant. BMPs identified in the SWPPP may include, but are not limited to the following: Containment Areas - BMPs utilized during Race Events include secondary containment at vehicle maintenance (pit) areas, hazardous materials storage areas, vehicle wash stations, portable bathrooms, trash disposal and materials storage areas. Additiona1ly, any fuel drum storage and used oil storage areas will be contained and also benned. '-.. Hazardous materials are to be placed in closed containers to prevent contact with runoff and to prevent spi1lage to the storm water conveyance system. Secondary containment, such as berms or dykes, will also be provided. Vactor trucks will be used to remove runoff from the containment areas and the collected runotf will be disposed of in accordance with City standards. Hazardous Waste containers will remain covered at all times. Run-on from adjacent areas will be prevented from coming into contact with the containment areas. Attached lids are provided on all trash containers to minimize direct precipitation. Site Runoff - Two desilting basins will be used as retention basins. Outlets will be blocked off so that no runotf will be allowed to discharge from these basins. At the conclusion of each racing event, accumulated debris and pollutants will be removed from these basins and disposed of in accordance with City standards. A temporary perimeter fence will be installed prior to commencement of racing events to prevent the escape of wind blown trash and debris. There is an existing earthen berm along the southern edge of the proposed race track facilities that also prevents direct run-off into the Otay River. Maintenance - Dust and trash control measures are included as well. To further inhibit sediment migration, the track is watered between races. Access roads and parking areas will be routinely watered as well. Onsite trash collection is provided throughout the event. Parking areas are mowed, and have bio-filters and/or silt fences were necessary. The mowed areas serve as a BMP to treat oil and grease from parked vehicles. There are no permanent utilities at the site. Generators, water trucks, a vactor truck, and portable restroom facilities will be utilized. No temporary facilities will remain on site . after the .final race event. Long,term maintenance of all remaining BMPs shall be performed and monitored in accordance with the quarry's existing SWPPP. Access Roads - There is one proposed access road into the proposed racetrack site. This will be used for public access and emergency access during race events. The main entrance to the facility is from the intersection of Main Street and Heritage Road and nms eastward on Wiley Road toward the existing rock quarry. The main access road has a crushed asphalt base, 6" in depth from Main Street to the racetrack area main entrance. Maintenance will be continuous during race events. The event operator will be responsible for the maintenance ofthese entrances and all other BMPs described herein. Trackin" - To insure that no tracked sediment reaches the storm drain system, a sweeper truck is employed to remove any sediment deposited onto Main Street, Heritage Road, and Energy_.Way due to increased traffic during race events. All efforts will be made to prevent mud from being tracked onto public roads. In no case will vehicles be permitted Page 2501'37 13-45 to drive on, or park in muddy areas, or to leave the site without first removing any accumu!3tions ofloose mud. In the event of rain, all race events will be rescheduled. Wind Erosion/Dust Control - Silt fencing is provided at the southerly berm (along the main event area) to prevent escape of trash, debris or sediment to the surrounding area. This BMP is designed to capture wind~blown pollutants. To enhance the dust control efforts, the track, pit, and vender areas, including all associated access roads will be periodically watered. To enhance trash control efforts, onsite trash collection is provided throughout race events. The proposed project would not involve pumping of groundwater and would therefore not result in the possibility of depletion of groundwater supplies. The proposed project does not involve the construction or placement of permanent structures within a 100-year i100d zone. The project would not directly discharge to an existing storm drain system and would not alter any drainage pattern. Therefore, no impact upon storm water conveyance capacities would occur. The mitigation measures contained in Section F below would mitigate potential impacts to Hydrology and Water Quality to below a level of significance. These measures are included as a part of the Mitigation Monitoring and Reporting Program. Noise In order to assess potential noise impacts of the proposed project, a noise study was prepared by Dudek & Associates, entitled 20098-2009 CORR Racing Events - Environmental Noise Assessment, dated April I I, 2008. The noise assessment analyzed the project with respect to the regulations contained in the Chula Vista Municipal Code (noise control ordinance). The results of the noise analysis are summarized below. Applicable Standards The City of Chula Vista noise ordinance exterior noise limit for single-family residences is 45 dB between 10 p.m,. and 7 a.m. on weekdays, and between 10 p.m. and 8 a.m. on weekends. The daytime (between 7 a.m. and 10 p,m. on weekdays, and between 8 a.m. and 10 p,m. on weekends) exterior noise limit is 55 dB. The project's noise generating activities will occur during daytime, i.e., between 7 a.m. and 7 p.m. on weekdays, and between 8 a.m. and 7 p.m. on weekends. Consequently the 55 dB exterior noise criteria has been used to evahlate the project's potential noise impacts upon the nearest residences. The 70 dB exterior noise criteria has been used for our evaluation of the project's potential noise impacts upon the nearest industrial land use. 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). Page 26 of 37 13-46 Chapter 19.68 of the City of Chula Vista Municipal Code provides the performance stambrds and noise control regulations in the City. Section 19.68.060 exempts: "... occasional outdoor gatherings. public donees. shows and sporting and entertainment events. provided the events are conducted pursuant to a permit or license issued by the city relative to the staging of the events. " As previously noted, the race events and practices sessions would occur on a periodic basis and as opposed to permanent uses operating under a fixed schedule. The noise generated will be intermittent in that races would not occur continuously. It is a sporting and entertainment event, and therefore is not covered by the noise control ordinance. The City's Ge!1eral Plan Noise Element contains land use/noise compatibility guidelines for various types of uses. The City considers an annual noise level of 65 dB CNEL to be compatible with residential land uses. The General Plan states that the compatibility guidelines are not intended to contlict with or contradict the Noise Ordinance, but provide guidance for total noise exposure, including traffic noise and other sources that are not regulated by the Noise Ordinance. Existing Conditions Existing noise levels at the site were monitored on January 22, 2008 between the hours of 10:00 a.m. and 1 :00 p.m. The noise measurement locations are illustrated on Figure 5 and depicted as Sites 1 through 8. Existing noise levels recorded on site ranged between 45 dBA Leq (location 4) and 61 dBA Leq (location 1). Noise levels at the quarry and adjacent areas vary depending on the daily activities and output. The measured noise levels adjacent to the quarry area are lower than the historical levels (i.e., past 3D-years), which ranged from approximately 65 to 75 dBA Leq. This is due in part to the quarry experiencing a transition period where temporary rented equipment from the site has been removed and new, permanent equipment is being brought to the site. It is anticipated that once the new equipment is operating the quarry noise levels will be consistent with the historical noise levels. Operational Event Noise Noise associated with the project would consist of weekend off-road truck and buggy races. Ancillary activities associated with the race events that would also contribute to the overall noise impact of the project include public address (P A) system, live music, generators, revving engines, vehicles in various. parking lot areas, bus shuttles, and camping. The noise levels associated with these events and activities have been evaluated based on noise measurements previously conducted during various CORR racing events in the City of Chula Vista. Noise measurements taken from previous events include cumulative noise associated with the activities described above. Page 27 of 37 13-47 Legend . NO,s6tv16aSlIfs1ll6,)ll.Lll:ilIIOfl =VellicleAccess IMPACT TYPE: Uparking-VillagllJ I~,,;~~;tl ParkinglCampinglPils DcamPlfIg _Track ~VIPParking ~ifiilil TV . Unused AdopledAlea ';~;;:::"':'"' ,,,. I FIG SURE I - I ip Off-Road Rocing - MNO 2008-2009 Temporary ChampIOns 1 _ Noise Measurement locations Noise measurements were conducted at eight sites during the 2007 (Figure 5). the results of which are detailed in Table 4 of the noise technical report. The vehicles participating in the event consisted of Pro 4 trucks, Pro 2 trucks, Pro Lite trucks, Super Buggy, and Single Buggy vehicles. Up to 20 trucks and 35 buggies raced in their respective class event, each lasting approximately 15 to 20 minutes in duration. Other activities generating noise during the noise measurements included fireworks, music, public address system, generators, bus shuttles, and miscellaneous activities such as revving engines and vehicles in various parking lot areas. Because these activities occurred at the same time as the rest of the racing activities, the noise measurements taken were cumulative of all these activities and therefore, have already been included in monitoring data. The event operations (including vehicle class and number of participants) and ancillary activities associated with the proposed 2008-2009 events are consistent with the scope of the previous events held at' this location in 2007 with the exception of fireworks. Use of fire works is prohibited during the 2008-2009 events and as such is not included in the modeling of the proposed project Therefore, the data obtained during the 2007 events is appropriate for evaluating potential noise impacts for the proposed 2008 and 2009 racing events. Based on noise measurements conducted during the CORR 2007 season, the race event would generate a one-hour average noise level of 53 dBA at the nearest residences located southwest of the site (monitoring location 8). This noise level does not exceed the City's 55 dB exterior noise criteria. Noise impacts from the project upon nearest sensitive residential land are considered less than significant . . Applying the monitoring results for location 6, the proposed project is expected to generate an hourly noise level of 68 dBA or less, which would not exceed the City's 70 dB exterior noise criteria for light industrial land uses. Therefore, the racing noise impacts from the project upon the adjacent industrial land LIse are considered less than significant Based on noise measurements conducted during the CORR 2007 season, the race events would generate a one-hour average noise level in the mid 50 dBA to low 70 dBA Leq range at the adjacent noise sensitive biological habitat areas (i.e., noise measurement Sites 2, 4, 5, 6 and 7). At the closest riparian habitat area located directly south of the racetrack the hourly noise levels would range up to 73 dBA Leq at noise measurement Sites 4 and 5. These noise levels assume no use of fireworks and incorporate project features and conditions, including existing berms and topography. It should be noted that the race event noise levels at Sites 4 and 5 are within the range of historic noise levels generated by the rock quarry operations. Non-Event Practice Sessions Non-event, one-day practice sessions would be restricted to 12 vehicles on track at anyone time and would not be open to the general public. AdditionaIly, non-event practice sessions would not conducted concurrent with, or overlap on-going quarry operations. Activities associated with non-event practice sessions would be less intense than those associated with event operations in that these one day events would have fewer vehicles on track in comparison to event operations and would not include spectator traffic, overnight camping, or vender amenities. Page 29 01'37 13-49 The nature of practice sessions is such that vehicles are not running constantly. There are continual interruptions during these sessions, including teams working on their vehicles in the pits, watering the track to control dust, and clearing the track to tow vehicles which have stopped fUJU11ng. Based on the modeling results contained in the noise report, applying the noise levels associated with 12 trucks within the loudest vehicle class (9] A dBA Leq-h at 90 feet), the one-hour average noise level at the adjacent industrial area is estimated to be 65 dBA. Similarly, the one-hour average noise level the at the nearest residential receives is estimated to be 51 dBA. The noise levels at the closest industrial and residential land uses would result in a less than significant noise impact, Within the adj,!cent preserve areas to the south, the hourly average noise level associated with non-event practice sessions would range from approximately 50 dBA to 70 dBA. The one-hour average noise levels would be in the low 50 dBA (represented by Site 7), mid 50 dBA (represented by Site 6). high 60 dBA (represented by Site 4) and low 70 dBA range represented . by Site 5). The significance of the noise impact at the biological habitat areas is discussed in the biological resources section of this document. Public Servi"ces 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 ha6 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. To ensure that public service response times are properly maintained during the temporary event weekends, the project proponent is required to prepare a Security Plan and an Emergency Medical Plan. The Security Plan shall be prepared to the satisfaction of the Chula Vista Police Chief prior to the start of the first CaRR event. The Security Plan shall detail, among other items, the number of security personnel provided, general distribution of security throughout the race event, and number of uniformed Chula Vista police staff required. Similarly, the project applicant is required to prepare an Emergency Medical Plan in accordance with the 2007 Fire Code to the satisfaction of the Chula Vista Fire Chief. The plan shall detail, among other items, emergency access routes, type of emergency vehicles required to adequately serve the project. alternative access routes to be employed..inthe event of rain or damp conditions, the variety of emergency medical services that can be provided by the contract emergency medical company, chain of communication between event sponsor and medical staff, number of ambulances present onsite and the number of uniformed Chula Vista Fire Department staff needed onsite. In addition, the Emergency Medical Plan shall describe emergency staff provided by CaRR. A fully staffed Chula Vista Fire Department engine company and Battalion Chief will be onsite during all race events, or as directed by the Chula Vista Fire Chief. Implementation of the mitigation measures contained in Section F of this MND would reduce impacts to public services (including impacts associated with accidents, security, and public safety) to a level of less than significant. Page 30 of 37 13-50 T ransporta tionffraffic The proposed proiect would be operated during off-peak hours and weekends: therefore. it is not anticipated that the additional tranic associated with the event would result in unacceptable levels of service on any affected public roadwav. Similarly. given the temporary nature of the event, no pennanent adverse impacts to the City's tranic threshold standards would occur as a result of the proposed proiect. Based on data collected during previous CORR events, If-is estimated that approximately 2,847 vehicles per day of the event would access the site via Main Street, Heritage Road, and Energy Way. Ho'.'..e'''~L Consequentlv. there is a potential for short- teml there is the potential for localized impacts including congestion at ingress and egress points, emergency access, and parking impacts on City roadways during the six non-consecutive weekend event$ (2008-2009). 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 and Police Department for review and approval two weeks prior to the first event weekend. The preparation of a Traffic Control Plan would mitigate potential impacts to circulation and parking to less than signi fie ant. Elements of the Traffic Control Plan would include, but are 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 Traffic Control 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. A minimum of 39 handicapped parking spaces would be made available, consistent with California Building Code and ADA requirements. The mitigation measures contained in Section F below would mitigate potential impacts to Transportation and Traffic to below a level of significance. These measures are included as a part of the Mitigation Monitoring and Reporting Program. F. MITIGATION NECESSARY TO A VOID SIGNIFICANT IMPACTS The mitigation measures detailed below would mitigate potentially significant effects on the environmental to a level of less than significant. These measures have been incorporated into the project's Mitigation Monitoring and Reporting Program (MMRP) provided as Attachment "A" to this report. Air Quality I. The following project design features have been included as mitigation measures to assure their implementation, arid shall be implemented bv the Applicant pnor to commencement of each race event: Low emission mobile heavy equipment shall be used, 'shere feasible. Page 31 of37 13-51 The contractors shall obtain applicable air quality permits for any portable or stationary internal combustion engine subject to SDAPCD permit requirements. During event operations and non-event practices sessions, the track shall be watered prior to each individual race and/or vehicle class practice session (minimum of seven times per day) to the satisfaction of the City's Mitigation Monitor. Excluding race vehicles operating on the designated track, spectator and maintenance vehicle speeds on unpaved roads shall not exceed 15 miles per hour. Idling time of trucks and other heavy equipment shall be minimized. The streets shall be swept immediately when silt is carried over to adjacent public thoroughfares. Engines in site preparation equipment shall be maintained by keeping them properly tuned. Low sulfur fuel shall be used for stationary construction equipment. Existing power sources (e.g., power poles) or clean fuel generators (bio-diesel and/or ethanol powered machinery) rather than standard temporary gasoline power generators shall be used, ?:hencver fcasilJle. All parking lots on agricultural land 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 the satisfaction of the City's mitigation monitor to minimize fugitive dust. Biological Resources 2. To ensure that no direct or indirect impacts to nesting borrowing owls occur during site preparation and active use of the general parking area and lower camping area, prior ,to initiating any site preparation-related activities associated with the 2008 and 2009 events, the Applicant shall conduct pre-active use surveys must bc performed by using a City- approved biologist to deterrnine the presence or absence of active burrows within all suitable habitat. The surveys must be conducted within 10 calendar days piior to the start of site preparation or use, and the results submitted to the City's Environmental Review Coordinator for review and approval prior to initiating any site preparation activities. If an active burrow is detected, a mitigation plan shall be prepared by the Applicant using a City-approved biologist and submitted to the City's Environmental Review Coordinator for review and approval. The project applicant shall implement the approved mitigation plan to the satisfaction of the City's Environmental Review Coordinator. Setbacks of 300 feet or more from occupied burrows shall be established and enforced until the young are completely independent of the nest. To minimize all impacts and ensure that no nests are removed or disturbed and no nesting activities are disturbed, a bio-monitor must be on site during all project activities until all young have fledged. 3. Two weeks prior to the' commencement of each race event, prominently colered,well- installed biological fencing shall be install cd placed bv the Applicant wherever the project limits are adjacent to the Preserve, sensitive vegetation communities, and/or any other biological resources, as identified by a qualified monitoring biologist and depicted on Figure 3. Page 32 01'37 13-52 4. Two weeks prior to the commencement of each race event "Sensitive Habitat - Keep Out" signage shall be posted bv the Applicant every 150 feet along the Preserve edge to discourage access to the Preserve. In addition, the project shall be required to either prohibit domestic pets, or require that all pets remain on leashes pursuant to applicable leash law requirements. 5. Two weeks prior to the commencement of race activities, a lighting plan shall be prepared bv the Applicant and submitted to the City's Environmental Review Coordinator for review and approval. The lighting plan shall clearly demonstrate that all temporary security lighting shall be directed away and/or shielded from the Preserve to prevent any potential indirect impacts due to night lighting. Additionally, low-pressure sodium lighting shall be used to reduce these potential effects. Cui tural Resources 6. The area identified as significant for SDI-9976 shall be removed from the planned camping area and fenced as illustrated on Figure 3 of this MND. Two weeks prior to commencement of each race event, the fencing shall be installed bv the Applicant under the direction of the project archaeologist and shall remain for the. duration of the racetrack use. No access to this site area shall be allowed during the nl€e,events. 7. The access road through SDI-12,291 b shall be fenced two weeks prior to commencement of each race event to prevent traffIc from straying into the significant site area. The area to be fenced is illustrated on Figure 3 of this tvlND. The fencing shall be installed bv the Applicant under the direction of the project archaeologist and shall remain for the duration of the racetrack use. Vehicular and pedestrian traffic through the sensitive site area shall be minimized. The project archaeologist shall have the latitude to monitor the condition of the site during track events and to add measures as necessary to ensure the site is not adversely impacted by event activities. 8. Access roads or trails that pass through sites identified as significant or potentially significant shall be fenced by the Applicant two weeks prior to commencement of each race event to prevent intrusion into potentially sensitive areas. The fence locations are noted on Figure 3 of this MND. The project archaeologist shall identify the locations of all fences and the type of fence that would be appropriate to ensure the sites are not disturbed. 9. Any mowing 'or other site preparations that might uncover archaeological materials or affect' recorded sites shall, be monitored by an archaeologist prior to commencement of race event preparations. In the event that the monitor identifies a potentially significant site, measures shall be initiated to evaluate the site and to implement mitigation measures as necessary to minimize impacts. Data recovery to mitigate impacts is an option, but preservation of resources is the preferred mitigation measure. 10. During the monitoring of mowing or other site preparations, the archaeological monitor shall collect all surface artifacts, map the locations, and report findings to the City. 11. All cultural materials recovered during the testing of S01.9976 or collected during monitoring shall be prepared for permanent storage. Curation of all artifacts recovered shall be required. Curation shall be arranged at an appropriate facility and will, be coordinated through the City of Chula Vista. Page 33 of37 13-53 Hvdrology and Water Ouality 12. Two weeks prior to the commencement of the first 2008 eyent, the project applicant shal1 submit an NO! and obtain an NPDES Permit for Constnlction Activitv from SWRCB The SWPPP shall include a description of pollution prevention control; and practices t~ be utilized both during and following (post-race) raceway activities. Adherence to aj] conditions of the General Permit for Construction Activity is required. The SWPPP shal1 also include a Storm Water Sampling and Analysis Strategy (SWSAS), pursuant to the SWRCB General Construction Permit requirements. 13. The applicant shal1 request a site inspection by the City's Public Works and Storm Water Inspectors after completion of site preparation, and prior to each race event. If the inspectors identify any violation of the BMPs, race events shall be delayed until such BMPs are properly implemented. 14. During race events, the Applicant shall have standby cleanup equipment and crews sflall Be available to respond to potential hazardous material spil1s. Significant spil1s shal1 be reported to the appropriate authorities and the City of Chula Vista as soon as such spills occur. IS. The Applicant shall have A ~qualifiedwater quality technician shal1 be designated for monitoring and repair of BMPs. The name and phone number of such person shall be provided to the Storm Water Management Section prior to each race event. Public Services 16. Two weeks prior to the commencement of the first race event, 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. 17. Two weeks prior to the commencement of the first race event, the project applicant shall prepare an Emergency Medical Plan in accordancewith the 2007 Fire Code to the satisfaction of the Chula Vista Fire Chief. The plan shall detail, among other items, emergency access routes, type of emergency vehicles required to adequately serve the project, alternative access routes to be employed in the event of rain or damp conditions, the variety of emergency medical services that can be provided by.the contract emergency medical company, chain of communication between event sponsor and medical staff, number of ambulances present onsite and the number of uniformed Chula Vista Fire Department staff needed onsite. A fully staffed Chula Vista Fire Department engine company and Battalion Chief will be onsite during all race events; or.as directed by the Chula Vista Fire Chief. . Transportation/T ramc 18. Two weeks prior to the commencement of the first race event, the Applicant shall prepare 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. Page 34 of37 13-54 G. AGREEMENT TO IMPLEMENT MITIGATION MEASURES By signing the line(s) provided below; the Applicant and Operator stipulate that they have each read, understood and have their respective company's authority to and do agree to the mitigation measures contained within Mitigated Negative Declaration IS-08-01 I, and will implement same to the satisfaction of the Environmental Review Coordinator. Failure to sign the line(s) provided below prior to posting of this Mitigated Negative Declaration with the County Clerk shall indicate the Applicant's and Operator's desire that the Project be held in abeyance without approval and that the Applicant and Operator shall apply for an Environmental Impact Report. f(1J JI110 HIAnk( I R~Pf( ifnltd-;J( Printed Name and Title of Applicant " f (or authorized representative) ( .' / 'de' ~-:/ ~ \ ., -;i/ V){/yuL ~ Signature of Applicant (or authorized representative) Date filii/DB' Date NfA Printed Name and Title of Operator (if different from Applicant) Date NfA Signature of Operator (if different from Applicant) Date .,o<~- Page350f37 13-55 H. CONSULTATION Citv of Chula Vista Glen Laube, Senior Planner Marisa Lundstedt, Principal Planner Scott Donaghe, Senior Planner Josie McNeeley, Associate Planner David Kaplan, Transportation Engineer Justin Gipson, Fire Marshal Khosro Aminpour, Sr. Civil Engineer (NPDES Division) Applicant's A~ents Dudek and Associates: Joe Monaco, Brian Grover, Anita Hayworth and Mike Komula Brian F. Smith and Associates: Brian Smith Scientific Resources Associated: Valorie Thompson Design Fusion: Robert Day Applicant and Applicant Representatives Championship Off Road Racing (CaRR) Ranie Hunter, Applicant Representative Others RECON Environmental, Inc. Documents The following documents were used, referenced, or relied on in preparing this MND, and the documents are available for public review and inspection at the City of Chula Vista Planning and Building Department, 276 Fourth Avenue, Chula Vista, California, and are incorporated by reference in this MND: . Updated Cultural Resources Letter Report - Otay Ranch Championship Off-Road Racing Facility, 2008 CUP, Brian F. Smith & Associates, April 9,2008 Biological Resources and Impacts Analysis Letter for 2008/2009 Championship Off Road Racing, Chula Vista, California, Dudek, April 2008. 2008 and 2009 CaRR Racing Events: Environmental Noise Assessment. Dudek, April 2008. Air Quality Technical Report for the Championship Off-Road Racing Temporary Race Facility, 2008/2009 Race Events. Scientific Resources Associated, April 2008. Archaeological Study Update Letter, Brian F. Smith and Associates, February, 2008. Championship Off-Road Racing Project - Results of Race Noise Measurements, Dudek & Associates, ] une 27, 2007. . . . . . . Page 36 oD 7 13-56 1. . Biological Monitoring for the Championship Off Road Racing Project, June 27, 2007. Archaeological Shldy for the Chula Vista International Raceway, Brian F. Smith and Associates, April, 2007 Mitigated Negative Declaration (MND) for a Conditional Use Permit for a Temporary Championship Off-Road Race (MND lS-07-030), May 29, 2007. Addendum to Mitigated Negative Declaration IS-07-030, June 2007. Biological Resources Report and Impact Assessment for Otay Ranch Villages Two and Three, Dudek, February, 2006. City ofChu]a Vista General Plan Update, 2005. Final Environmental lmpact Report, City of Chula Vista General Plan Update, EIR No. 05-01, December 2005. City ofChula Vista MSCP Subarea Plan, February 2003. Otay Ranch General Development Plan/Subregional Plan Program EIR (Program EIR 90- 01), October, 1993. Final Second Tier EIR for Villages Two, Three and Four (portion) SPA and TM, City of Chula Vista, 2006 . . . . . . . . . INITIAL STUDY This environmental determination is based on the attached Initial Study, and any comments received in response to the Notice of Initial Study. The 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 and Building Department, 276 Fourth Avenue, Chula Vista, CA 91910. Glen Laube Senior Planner Date Page 37 of37 13-57 ATTACHMENT "A" MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) 2008-2009 Temporan' ChamJ)ionshiJ) Off-Road Racin", Events (IS-08-0 II) This Mitigation Monitoring and Reporting Program has been prepared by the City ofChula Vista in conjunction with the proposed 2008-2009 Temporary Championship Off-Road Racing Events project. The proposed project has been evaluated in an Initial StudylMitigated Negative Declaration (IS-08-011) prepared in accordance with the California Environmental Quality Act (CEQA) and City/State CEQA Guidelines. The legislation requires public agencies to ensure that adequate mitigation measures are implemented and monitored for Mitigated Negative Declarations. AB 3 I 80 requires monitoring of potentially significant and/or significant environmental impacts. The Mitigation Monitoring and Reporting Program for this project ensures adequate implementation of mitigation for the following potential impacts(s): I. Air Quality 2. Biological Resources 3. Cultural Resources 4. Geology/Soils 5. Hydrology and Water Quality 6. Public Services 7. Traffic MONITORING PROGRAM Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinators shall be the Environmental Review Coordinator and City Engineer of the City of Chula Vista. The applicant shall be responsible to ensure tbat the conditions of the Mitigation Monitoring and Reporting Program are met to the satisfaction of the Environmental Review Coordinator and City Engineer. The applicant shall provide evidence in written form confirming compliance with the mitigation measures specified in Mitigated Negative Declaration IS-08-0J I to the Environmental Review Coordinator and City Engineer. The Environmental Review Coordinator and City Engineer will thus provide the ultimate verification that the mitigation measures have been accomplished. Exhibit J, Mitigation Monitoring and Reporting Program Checklist, lists the mitigation measures contained in Section F, Mitigation Necessary to Avoid Significant Effects, of Mitigated Negative Declaration IS-08-0J I, whicb will be implemented as part of the project. In order to determine if the applicant has implemented the measure, the method and timing of verification are identified, along with the City department or agency responsible for monitoring/verifying that the applicant has completed each mitigation measure. Space for the signature of the verifying person and the date of inspection is provided in the last column. J:\Planning\GLaube\Otay R:lOCh\CORR\CORR 08-09 Temp CUP\Final\IS-08-01 U'vIMRPinrro.doc 13-58 EXHIBIT 1 Mitigalioll I\.leasure No. ~ w I CJ1 <D '1/20/07 MND IS-08-0ll MITIGATION MONITORING AND REPORTING PROGRAM 2008-2009 Championshin Off-Rnad Race Mith.ation Measures I AIR OUALITY The following project design features, have been included as mitigation measures to assure their implementation, and shall be implemented prior to and during each event and non-event practices sessions: Low emission mobile heavy equipment shall be used,wJ.Ttlre (e:l,;iAIe. . The contractors shall obtain applicable air quality permits for any portable or stationary internal combustion engine subject to SDAPeD permit requirements. . For t;vcnt operations and nOllwevent practices sessions, the track shall be watered priono each individual race and/or vehicle class practice session (minimum of seven times per day) to the satisfaction of the City's Mitigation Monitor. . . Excluding race vehicles operating on the designated track, spectator and maintt:nance vehicle speeds on unpaved roads shall not exceed 15 miles per hour. . Idling time of!rucks'and othedleavy equipment shall be ~inimized. The streets shall be swept immediately when silt is carried over to adjacent public thoroughfares. . Engines in site preparation equipmenl shall be maintained by keeping them properly [lined. Low sulfur fuel shall be llsed for stationary construction equipment. . Method of Verificarion Timing of Verificlltion I I D"ri", I Pre Event I Event T.M Prior to first event/Site Inspection x .. '.\ 1 POSI Event x Responsible PartY x Project Applicant! City Engineering Dcpartrnenti City Planning and Building Department Comolded luitillls I DlIte Comments J EXHIBIT I MND IS-OS-Oll MITIGATION MONITORING AND REPORTING PROGRAM 2008-2009 Championship Off-Road Race Mirigation Measure Method of Timing of Responsible No. Mine-anon MCllsures Verification Verification Partv Comnicled COlI\tlIt'nts I Pre Even! I Durin!: I Posl Illirials I Dale T.M Event Event ~ . Existing power sources (e.g., power poles) or clean fuel generators (biD-diesel andlor ethanol powered machinery) rather than standard temporary gasoline power generators shall be used,-wHetliWeH~ifH.e. All parking lots on agricultural land shall be mowed such that roots of the vegetation remain intact in order (0 provide soil stabilization. . Parking Jots and other areas with exposed dirt shall be watered to the satisfaction of tile City's mitigation monitor to minimize fugiti ve dList. w I en C> 4/20/07 .1 EXHIBIT I MND IS-08-0n MITIGATION MONITORING AND REPORTING PROGRAM 2008-2009 ChamnionshiD Off-Road Race Mitigation Measure Method of Timing of Responsible Nfl. Miti!!ation MClIsures Verification Verification Partv ComrJletell Comments I Pre Event I During I Post InitilllsT Dille T.M Event Event (; (f' ~ '1/20107 2 BIOLOGICAL RESOURCES To ensure that no direct or indirect impacts to Survey within nesting borrowing owls occur during site 10 calendar days preparation and active use of the parking and prior to site camping areas, prior to initiating any site rep<.lration of preparation-related activities, pre-active use each event. surveys must be perfonned by a City-approved biologist to determine the presence or absence of active burrows within all suitable habitat. The surveys must be conducted within 1O calendar days prior to the start of site preparation or use, and the results submitted to the City's Environmental Review Coordinator for review and approval prior to initiating any site preparation activities. If an active bun'ow is detected, a mitigation plan shall be prepared by a City-approved biologist and submitted to the City's Environmental Review Coordinator for review and approval. The project applicant shall implement the approved mitigation plan to the satisfaction of the City's Environmental Review Coordinator. Setbacks of 300 feet or more from occupied burrows shall be established and enforced until the youhg are completely independent of the nest. To minimize all impacts and ensure that no nests are removed or disturbed and no nesting activities are disturbed, a bio- monitor must be on site during all project activities until all young have nedged. . X ProjtCI Applici:H1v J City Planning and Building Department . s Mitigarion Measure No. ~ w I Q"l ~ 4/20/07 EXHIBIT I MND IS-08-0ll MITIGA nON MONITORING AND REPORTING PROGRAM 2008-2009 Chamniollship Off-Road Race Miti~arion Measures Method of Verification J Two weeks prior to the commencement of each Site inspection race event, prominently colored, well-installed prior to biological fencing shall be installed place commencement wherever the project limits are adjacent to the of each rJce Preserve, sensitive vegetation communities, event and/or any other biological resourc~s, as identified by a qualified monitoring biologist. Figure 3 of the MND identifies the general location of the required fencing. . 4 Two weeks prior to the commencement of each Site inspection race event "Sensitive Habitat - Keep Out" prior to signage shall be posted every 150 feet along the commencement Preserve edge to discourage access to the of each race Preserve. In addition, the project shall be event required to either prohibit domestic pets, or require that all pets remain on leashes pursuant to applicable leash law requirements. j Two weeks prior to the commencement of each Site inspection race event, a lighting plan shall be submitted to prior to the City's Environmental Review Coordinator for commencement revIew and approval. The lighting plan shall of the first race clearly demonstrate that all temporary security event lighting shall be directed away and/or shielded Ii'om the Preserve. to prevent any potential indirect impacts due to night lighting. Additionally, low-pressure sodium lighting shall be used to reduce these potential effects. T.M Timiug of Verificatioll I I During Pre Event I E....ent x x X x I Post Event Responsible Party ;.; Project Applicantl City Engineering Department! City Planning and Building Department X- Project Applicant! City Engineering Department! City Planning and 8uilding Dcpar1rncnt X Project Applicant/ City Engineering Departmentl Cily r~lanning and l3uilding Department Conmleted Illithd~! Date Cnmmellts 6 EXHIBIT I MND IS-08-0ll MITIGATION MONITORING AND REPORTING PROGRAM 2008-2009 Chamnionshin Off-Road Race {\-litigation I\'leasun: Method of Timing of Responsible No. MitiJ!ation !\1eusures Verification Veril1carioll Partv COillnleted Comments I Pre Event I DUling I Po.'>' . Initials I Olllt T.M EVenl Evelll CULTURAL RESOURCES (, The area identified as significant for SDI-9976 Si,tc inspection X X X Project Applicant! shall be removed from the planned camping area prior to City Engineering and fenced as illustrated on Figure 3 of this commencement DcpnrtmentJ City MND. Two weeks prior to commencement of orthe tirst race Planning and each race event, the fencing shall be installed event Building under the direction of the project archaeologist Deparllnent and shall remain for the duration of the racetrack use. No access to this site area shall be allowed during the race events. Ul 7 The access road through SDI.12,291 b shall be fenced Sitt: inspection X X X Project Applicant! I two weeks prior to commencement of each nice event prior 10 City Engineering 0> Ul to prevenllraffic from straying into the significant site. commencement Department! City area. The area to be fenced is illustrated on Figure 3 of of the first race Planning and (his tvlND. The fencing shall be installed under the event . Building direction of the project archaeo!9gist and shall remain Department for the duration of the ract:track-use. Vehicular and ped.cslrian traffic through the sensitive site area shall be minimized. The project archaeologist shall have the latitude (0 monitor the condition of (he site during track event.s and to add 1llt:3sures as necessary to ensure the site is nO! adversely impacted hv event activities. g Access roads or trails that pass through sites identified Sile inspection X X X Project Applicant! as significant or potentially significant shall be fenced prior !O City Engineering two wceks prior (0 COll1lnencelllent of each mce event commencement Department! City to prevent intrusion into potentially sensitive areas. of each race Planning and The fence locations are noted all Figure 30fthis event Building MND. The project archaeologist shall identify the Department locations of all fences and the type of fence that would he allllropriate (0 ensure the sites are not disturhed. '1/20/07 7 EXHIBIT I Mitigation Measure No, I. t; ~ 10 II:> 4/20/07 . MND IS-08-0ll MITIGATION MONITORING AND REPORTING PROGRAM 2008-2009 Chamnionshin Off-Road Race l\litil!atio[l Measures 9 Any mowing or other site preparations that might uncover archaeological materials or affect recorded sites shall be monitored by an archaeologist prior to commencement of race event preparations. In the event that the monitor identifies a potentially significant site, measures shall be initiated to evaluate the site and to implement mitigation measures as necessary to minimize impacts. Data recovelY to mitigate impacts is an option, but preservation of resources is the preferred mitigation measure. During the monitoring of mowing or other site preparations, the archaeological monitor shall collect all surface artifacts, map the locations. and report findings to the City. II All cultural materials recovered during the testing of 5D1.9976 or collecled during monitoring shall be prepared for penmanent storage. Curation of all artifacts recovered shall be required. Curation shall be arranged at an appropriate facility and will be coordinated through the Cicy of Chula Vista Method of Verification Timing of Verification I I DIII'ing I P03{ Pre Event I Event Event T.M Site inspection prior to commencement of t.lach rnce ~vcnt. ~ X Site inspection prior to commencement of the firs! race event. ~ X Veritication prior to first race event. ~ x Responsible Party X Project Applicant! City Engineering Department! City Planning and I3uilJing Department ~ Project Applicant! City Engineering Department/ City Planning and Building Department X Project Applicant! City Engineering Department! City Planning and Building Deranment COllloleted Initiab I Date COlHlllents 8 EXfHBIT I MND IS-OS-Oll MITIGATION MONITORING AND REPORTING PROGRAM 2008-2009 Chamnionshin Off-Road Race Mitigation Measure Method of Timing of Responsible No. Miti!!arion Measures Verification Verification Pnrtv Comoleled Comments I Pre Event I Durillg- 'I . Past Jllilillls 1 Date T.M Event Event . 12. ~ '" I 0'> 01 13. 14. 'i/20/07 HYDROLOGYIW A TER QUALITY Two weeks prior to the commencement of the Verification first 2008 event, the project applicant shall subrnit prior to first race an NOI and obtain an NPDES Pennit for evenL Construction Activity from SWRCB. The SWPPP shall include a description of pollution prevention controls and practices to be utilized both during and following (post-race) raceway activities. Adherence to all conditions of the General rennit for Construction Activity ]s required. The SWPPP shall also include a Storm Water Sampling and Analysis Strategy (SWSAS), pursuant to the SWRCB General Construction Pem1lt reauirements. The applicant shall request a site inspection by Plan Check/Site the City's Public Works and Stann Water Inspection Inspectors after completion of site preparation, and prior to each race event. If the inspectors identi fy any violation of the BMPs, race events shall be delayed until sucb BMPs are properly implemented. During race events, standby cleanup equipment Plan Check/Site and crews shall be available to respond to Inspection potential hazardous material spills.. Significant spills shall be reported to the appropriate authorities and the City of Chula Vista as soon as such spills occur. x x X. Project Applicant/ City Engineering Department/ City Planning and Building Department x .x. Project Applicant! City Engineering D~partmcnt! City Planning and Building Department x X jlroject Applicant! City Engineering Department/ City Planning and Building Department IS. A qualified water quality technician shall be Plan Check/Site designated for monitoring and repair of BMPs. In:;pcctio/l The name and phone number of such person shall be provided to the Stann Water Management Section prior to each race event. ' x x x Project Applicant/ City Engineering Department! City Planning and Building 9 EXHIBIT I MND 15-08-011 MITIGATION MONITORING AND REPORTING PROGRAM 2008.2009 Championship Off-Rood Race Mitigation Measure Method of Timing of Responsible No. Mitieation Measures Verification Verification Party Compleled Comments I Pre Event I Dunn!: I POSI IlJilial~ I Dille T,M Event l':vent . ~ (.oJ I en 17. 4/20/07 Depm1ment 16. PUBLIC SERVICES Two weeks prior to the commencement of the Plan Review to first race event, the project applicant shall the satisfaction prepare a Security Plan to be approved by the of the Chief of Chula Vista Police Chief prior to the start of the Police. 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 unifonned Chula Vista police staff required. X X Projecl Applicant! City Engineering Derartmentl City Planning and Building Department x Two weeks prior to the commencement of the Plan Review to first race event, the project applicant shall prepare the satisfaction an Emergency Medical Plan' in accordance with of Fire Chiel: the 2007 Fire Code to the:: satisfaction of [he ehula Vista Fire Chief. Tlie plan shall detail, among other items, emergency access routes, type of emergency vehicles req~lired to adequately serve the project, alternatiyt' access routes to be employed in the event of rai9',or damp conditions, the variety of emergency ~iledical services that can be provided by the ,"contract emergency medical company, chain of communication between event sponsor and medical staff, number of ambulances present onsite and the number of uniformed Chula Vista Fire Department staff needed onsite. A fully staffed Chula Vista Fire Department engine company and Battalion Chief will be onsite during all race events, or as directed by the Chula Vista Fire Chief. X X Project Applicantl CifY Engineering Department! Cify Planning and nuiJding Department X 10 Mitigation Meilsurc No. ~ ci - 4120107 EXHIBIT I MND IS-08-011 MITIGATION MONITORING AND REPORTING PROGRAM 2008-2009 Chamoionshio Off-Road Race Minuanon Measures Method of Ve"rification TRANSPORT A TIONrrRAFFIC Two weeks prior to the commencement of the Plan Check/Site first race event, a Traffic Control Plan shall be Inspection. 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 traffi.e 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. IS. T.M Timing of Verification I I During I Pre Evenf I EVCllr x x I posr Evenr Responsible Party x Project Applicant/ City Engineering DepanlllenU City Planning and Building Derartment Comnleted Initials I Date Comments 11 ATTACHMENT "B" Response to Comments on DR4FT lVIND 15-08-011 (30-day public Review Period April 25, 2008 through May 25, 2008) COMMENT REFERENCE COMMENT PROVIDER Comments/Responses (A) Flat Rock Land Company, LLC & Otay Land Company c/o Luce, Forward, Hamilton & Scripps, LLP ("Luce Forward") . 600 West Broadway Sui Ie 2600 San Diego, CA 92101 Comments/Responses (B) U.S. Fish and Wildlife Service & CA Department of Fish and Game 6010 Hidden Valley Road Carlsbad, California 920] ] 13-68 /~ I I i 1,1 . L;~;\'ViW\cv\ t" Lt:.. r kl.r / \ iueE FORWARD ATTCRNE'IS AT LAW. FDUNDED Isn lUCE, fO'l:\':~.oo, H...wtJ"'T.... & SOIP?S '..l.1' 600 WesIBroad\'la"/ SlJit~ 2600 . San Oi~go, CA 92101 619.236.1414 bi9.232.3311 fax VlI'lw.1IJce.com JErFREY A. CHfNE. PARTNER DIRECT D1AL.NVMBEJt 619.699.2545 DIRECT F.,,-x NUMBER 619.446.3275 EMA1L ADDRESS jchinc@!uce.com MGY 27, 2003 VIA E-iYL,uL Al'o/D U.S. !Villi Mr. Glen Laube Senior Planner City of ChuIa Vista 276 Fourth Avenue ChuIa Vista CA 91910 Re: Proposed Mitigated Negative Declaration for Temporary Championship Off-Road Racing Events/CUP (Case No. IS-08-0ll) Dear Mr. Laube: My finn represents Flat Rock Land Company, LLC and Otay Land Company, LLC, property owners within Olay Ranch near the site of the proposed of1:road racing events which are the subject of the above-referenced Mitigated Negative Declaration ("l'vlND"). The !Y1ND emphasizes that the use contemplated by the CUP is temporary in nature. (See MND p. 10.) Consequently, the MND indicates that amendments to the General Plan and Olay Ranch GDP are not necessary. We believe that any proposal for a long-ternl or permanent establishment Of~ the uses contemplated by the proposed CUP would be fundamentally inconsistent with the existing Otay Ranch GDP as well as the proposed land uses reflected in the Land Offer A _ \ Agreements recently approved by the City Council. The Land Offer Agreements are intended to implement the City's vision for Otay Ranch, and that vision does not include the uses contemplated by the CUP. Finally, we note that the MND contemplates access to the racing event site through land owned~' by Flat Rock Land Company. As of this date, the CUP applicant has not requested access rights A-1 from Flat Rock Land Company. Please feel free to contact me if you have any questions regarding these comments. JeL of L JCE, FORW MD, HAI'vjILTON & SCRIPPS LLP JAC/cvm c ,,""u V~~l"'/OEl I~~~ Los :'~Gl3-69 So.., DIEr.O s"" ~ R.:.'IC !$CO ,1 Co l'\W/1 C' ~\ ~ LUCE FORWARD ATlOR,-:EY$ Al L....W . roUNDED la7~ LU(E, Fo~VI~IU. !"I.~MI!1aN & SCRIPPS Ll'" Nir. Glen Laube City ofChula Vista May 27, 2008 Page 2 cc: Ranie Hunter, Vice President XR Promotions Mr. Rob Cameron Mr. Curt Noland Mr. Bob Penner 13-70 J i ';\ . L--e.,k^...- / T Comment Letter 'A' Flat Rock Land Company, LLC & Otay Land Company c/o Luce, Forward, Hamilton & Scripps, LLP ("Luce Forward") 600 West Broadway Suite 2600 San Diego, CA 92101 A-J) Summary of Comment Any subsequent proposal for a long-term or permanent establishment involving the uses contemplated in the CUP for the temporary events would be fundamentally inconsistent with the Existing Otay Ranch General Development Plan (GDP) and the land uses reflected in the recently approved Land Offer Agreement. Response to Comment A-] Comment noted. This comment does not challenge the adequacy of the draft mitigated negative declaration. The City acknowledges that a proposal to establish a permanent or semi-permanent facility at this location would require additional environmental review and consideration. A-2) Summary of Comment The draft MND contemplated access to the event venue through land not owned by the project proponent. Response to Comment A-2 The project proponent is responsible for securing legal access through any lands not currently under their ownership. The City has been notified by the Applicant of their intensions to cooperate with the property owner and will execute a right-of-entry agreement as was the case last year. This comment does not challenge the adequacy of the draft mitigated negative declaration. No further response is required. 13-71 /' ! J r \,-0\'\1 W\hc ~ : i i Le ~~Jv - -, j. \' ,) u_~ F1SB.&.'IYll..D1..D'& .'lE.INICE ~ u. S. Fish Clnd Wildlife Service Carlsbad Fish and Wildlife Office 60 I 0 Hidden Valley Road CarJsbad, Califorilla 92011 (760) 43]-9440 FAX (760) 43\-5901 California DepL ofFish and Game South Coast Region . 4949 Viewridge Avenue San Diego, California 92123 (858) 467-4201 FAX (858) 467-4299 ..... - --.-- -- - . - - - ....-.-.-. - . ... --. - - .-- . .- - In Reply Refer To: FWS-SDG-08BOS 12-08T AOS6S Mr_ Glen"Laube City of Chula Vista - - PI:illiUng anaB1lilaing Department - 276 Fourth Avenue Chula Vista, CA 91910 MAY ,2 7 Zalla Subject: Conditional Use Permit for the 2008_2009 Championship Off-Road Racing Events Dear Mr. Laube: We have reviewed the Mitigated Negative Declaration, dated April 25, 2008, for the above-referenced project. The comments provided herein are based on our review of the minor amendment concurrence request, the Multiple Species Conservation Program (MSCP) Findings of Conformance, the Wildlife Agencies' knowledge of sensitive and declining vegetation communities in San Diego County, and our participation in regional cOIlseIv"tiQn_PLanr)jngs:j'forts_____ .._.'.-. _ .__., _ _.__..__ '_. ..__. The Wildlife Agencies have repeatedly requested that use of the off-road race track only occur outside of the avian breeding season. However, in a meeting on January 9,2008, with the project applicant and the City of Chula Vista MSCP staff (City), the project applicant informed the Wildlife Agencies that race events had already been scheduled for May and July 2008. Due to the difficulty of re-scheduling race events, as stated by the project applicant, the Wildlife Agencies made a special concession to allow a race event to occur in late July, 2008, with practice sessions restricted to occur after mid-June for the 2008 racing season. However, we requested that the May race event be removed from the schedule to avoid the most crucial part of the avian breeding seaSOll. We appreciate that the City and project applicant have agreed to eliminate the May race event. As of our January 9, 2008, meeting and the date of this letter, the project applicant has not informed us of the proposed race event dates for the 2.009 racing season. The applicant has ample opportunity to schedule the 2009 race event dates outside the avian breeding season. To be consistent with the City's MSCP Subarea Plan, we request that the City condition the permit slIch that use of the off-road race track, including racing i)-I ,~ 13-72 ,'. " '\.. CV~I\ ~.q Et.-,. . . .)' R-z. events and pr2ctice sessions, be restricted to only occur outside the general avian .~~ breeding season (February 15 - August 15) in tbe 2009 race season. We appreciate the opportunity to comment on tbis project. If you have any questions or corriments pertaining to this Jetter, please contact Amber Himes (Department) at (358) 637-7188 or Cara McGary (Service) at (760) 431-9440. ~~ ... ... Therese'O'Rourken .. . .. .... '(' Assistant Field Supervisor' U.S. Fish and Wildlife Service' 'StephenM. Juarez Environmental Program Manager . California Department of Fish and Game 13-73 , _I i . - .' i c;<l.L,..-- lj v<:. ':' '....H (ent Comment Letter 'B' US. Fish and Wild]ife Ser,ice & CA Deportment of Fish and Game 60 I 0 Hidden Volley Rood Car]sbad, California 920] 1 B-]' Summary of Comment: At 0 meeting held on January 9, 2008, the Wildlife Agencies]) requested that the event scheduled for May of 2008 be eliminated; and, 2) made a special concession to a]low race rel3ted activities to occur after mid-June (end of general avian breeding season) in order to accommodate the applicant's prior scheduling commitments. Response to comment B-1: As a point of clarification, the discussion to allow restricted use of the track during the general breeding season occurred at a meeting on October 30, 2007. The City also acknowledges that the project proposed at that time only included racing events associated with the 2008-racing season. In response to comment B-1, the City conditioned the project to eliminate the event proposed for May 2008 and restricted race operations to occur after mid-June. B-2. Summary of Comment: The Applicant has had ample opportunity to schedule the 2009 event dates outside the avian breeding season. To be consistent with the City's MSCP Subarea Plan, the City should condition the 2009 race events such that use of the track is restricted to only occur outside the general avian breeding season (Febmary ] 5 - August 15). Response to comment B-2: At a meeting held on January 9, 2008, the City informed the Wildlife Agencies that the proposed conditional use permit for the temporary events would be extended to include the 2009 racing series. The City also indicated that the 2009 events would be conditioned consistent with the Wildlife Agencies previous request to restrict race operations to occur after mid-June. Through this meeting, the City understood that the special concession would apply only to the proposed temporary events, which now included the 2008 and 2009 event series, and conditioned the project accordingly. Regarding the projects consistency with the City's MSCP, the City's MSCP Subarea Plan does not require or restrict project operations adjacent to the Preserve to occur outside the breeding season. Rather, projects adjacent to the preserve must be designed consistent with the City's MSCP Subarea Plan Adjacency Guidelines. The'''oiblogical resources section of the IVrNO summarizes the project's consistency with the City's MSCP Subarea. Plan Adjacency Guidelines. The potential effects related to drainage, toxic substances, noise, lighting, unauthorized access, and invasive species have been adequately addressed in the MND. Implementation of the MlvlRP and adherence to the project's conditions of approval will ensure that potential adjacency impacts are reduced to a level of less than signi tlcance. 13-74 ~\If?. --1"'- ~-~ ENVIRONMENTAL CHECKLIST FORM em Of (HUlA VISTA 1. Name of Proponent: 2. Lead Agency Name and Address: 3. Addresses and Phone Number of Proponent: 4. Name of Proposal: 5. Date of Checklist: 6. Case No. ENVIRONMENTAL CHECKLIST: ISSUES: 1. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage sceOlC resources, including, but not limited to, trees, rock outcroppings. and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial Potentially Significant 1m pact o o o o 13-75 XR Promotions, LLC City of Chula Vista Planning and Building Department 276 Fourth Avenue Chula Vista, CA 919]0 6] 0 West Ash Street Suite 1500 San Diego, CA 92101 2008-2009 Temporary Championship.t)ff- Road Racing Events April 25, 2008 IS-08-011 Less Than Significant With Mitigation Incorporated Less Than Significant 1m pact No ImjY<lct o [g] [g] o o o o [g] o o [g] o ISSUES: Potentially Significant 1m pact Less Than Significant With Mitigation Incorporated Less Than Significant 1m pact No Impact I ight or glare, which would adversely affect day or nighttime views in the area? Comments: a-b) The project does not involve the placement and/or construction of any permanent structures that would impact a scenic resources. The proposed activities would include temporary tent-like structures, spectator stands, shade canopies, and portable restroom facilities as well as parked vehicles that would be visibl~ from some public and private vantages points primarily to the south and west. However, all temporary structures will be disassembled and removed from the site within two-weeks following the race events. The proposed project would not damage any scenic resources, vegetation, or historic buildings within a state scenic highway. Impacts are considered less than significant. c) The proposal involves temporary racing events within the boundaries of the existing Rim Rock Quarry. The location of the track, pit, and vendor areas have been sited within portions of the quarry that have been fuHy disturbed by ongoing aggregate mining and processing operations. Similarly, the access roads, parking, and camping areas have been sited in areas that have existing easement roads and/or have been disturbed a result of annual mowing or "disking" of the existing agricultural lands. Following each event series, all temporary structures, stands, bleachers, canopies, portable restroom facilities, and power generators will be disassembled and removed from the site within two-weeks following the race events. Therefore, the proposed project will not substantially degrade the existing visual character or quality of the project site. Impacts are considered less than significant. d) The proposal shall comply with the City's minimum standards for roadway lighting and shall be completed to the satisfaction of the Director of Planning and Building. The project will be required to comply with the light and glare regulations (Section 19.66.100) of the Chula Vista Municipal Code (CVMe). Compliance with these regulations will ensure that no substantial glare, or light would affect daytime or nighttime views in the surrounding area. The project site is located adjacent to the MSCP ]00% Conservation area and Ihe Otay River Vaney. As described in Sections E and F of the MND. implementation of the required MSCP adjacency measures will reduce impacts to adjacent sensitive biological resource areas to a level of less than significance. Mitigation: No mitigation measures are required. II. AGRICULTURAL RESOURCES. ]n 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 Farnlland, Unique 0 0 !Z;] 0 Farmland, or Farmland of Statewide Importance (Fannland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? 13-76 b) Conflict with eXlstmg zoning for agricultural use, Or a Williamson Act contract? c) Involve other changes in the existing environment, \\..-hich, due to their location or nature, could result in conversion of Faffilland, to non- agricultural use? Less Than Signilicant Potentially With Less Than Signilicant Mitigation Signilicant No Impact Incorporated Impact 1m pact 0 0 [8l 0 0 0 [8l 0 ISSUES: Comments: a-c) The project site does not contain Prime Farmland, Farmland of Statewide Importance, or Unique Farmland and no land within the project area is subject to the Williamson Act. Historically, the proposed camping areas within the Otay River Valley and the general admission parking areas within Village Three have been used lor dry farming, as well as cattle and sheep grazing and have been locally designated as Farmland ofLoca] Importance ancl/or Grazing Land. The Otay Ranch General Development Plan (GDP) states that agricultural uses are allowed as an interim use and that long-term agricultural uses are not planned for these areas. For areas designated as general admission parking and camping, existing agricultural fields will be mowed, in conjunction "vith ongoing agricultural operations, such that roots and approximately one inch of vegetation would remain intact to stabilize the soil. Thus, the temporary parking and camping on the iields will not preclude lIse of the land for interim agricultural purposes after the race events. The location of the track, pit, and vendor areas has been sited within portions of the quarry that have been fully disturbed by ongoing aggregate mining and contain no agricultural resources. Therefore, impacts to agricultural uses on the site would be less than significant. Mitigation: No mitigation measures are required. ITI. 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 0 0 [8l 0 implementation of the applicable air quality plan? b) Violate any air quality standard or 0 [8l 0 0 contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable 0 0 [8l 0 net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? 13-77 ISSUES: d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Potentially Significant Impact o o Comments: a-e) See Mitigated Negative Declaration, Section E. Less Tban Significant Witb Mitigation Incorporated o o Less Tban Significant Impact [gJ [gJ No Impact o o Mitigation: 'The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant air quality impacts to a level of less than significant. IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies: or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal 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 o o o o 13-78 [gJ o o o o [gJ [gJ o o o o [gJ ISSuES: nursery sites? e) Conflict with any local policies or ordinances protecting biological resources~ such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Potentially Significant 1m pact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant 1m pact D ~ D o D D D [8] Comments: a-I) See Mitigated Negative Declaration, Section E. Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant biological resources impacts to a level of less than significant. V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in s] 5064.5? b) Cause a substantial adverse change' m the significance of an archaeological resource pursuant to S 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remams, including those interred outside of fannal cemeteries? o [gJ D D o D D [8] o D ~ o o o D ~ Comments: a-b) See Mitigated Negative Declaration, Section E. cod) The proposed project has been sited in fully disrurbed areas and dose not involve grading activities that, as a consequence, \votIld impnct sensitive paleontological resources or that could disturb any human remains. 13-79 ISSUES: Potentially Significant 1m pact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Mitigation: The mItIgation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant cultural resources impacts to a level of less than significant. VI. GEOLOGY AJ'ID SOILS -- Would the project: a) Expose people or structures to potentiar substantial adverse effects, including the risk of loss, injury or death involving: I. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. I I. Strong seismic ground shaking? Ill. Seismic-related ground failure, including liquefaction? IV. Landslides? b) Result in substantial soil eroSIon or the loss of topsoil? c) Be located on a geologic un it or soil that is unstable, or that would, become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table l8-I-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? o o o o o o o o 13-80 o o o o i8l o o o i8l i8l i8l i8l o i8l i8l o o o o o o o o i8l ISSUES: Potentially Significant Impact Comments: a-e) See Mitigated Negative Declaration, Section L Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant impacts to geology and soils to a level of less than significant. VII. HAZARDS AJ'ID HAZARDOUS MATERIALS. Would the project: a) Create a signiticant hazard to the public or the environment through the routine transpor1, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials: substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code section 65962:5 and, as a resulL would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airpor1, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? o o o o o o 13-81 ~ ~ o o o o o o ~ ~ o o o o o o ~ ~ ISSUES: g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including ;vhere wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Comments: See Mitigated Negative Declaration, Section E. Potentially Significant Impact o o Less Than Significant With Mitigation Incorporated o o Less Than Significant Impact o o No 1m pact ~ ~ Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant impacts to hazards and hazardous materials to a level of less than significant. VIll. HYDROLOGY.~ WATER QUALITY. Would the project: a) Result in an increase 10 pollutant discharges to receiv10g waters (including impaired water bodies pursuant to the Clean Water Act Section 303(d) list), result in significant alteration of receiving water quality during or following construction, or violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Result in a potentially significant adverse impact on groundwater quality? o o 13-82 ~ o o o o ~ ISSUES: c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or flver: In n manner, which would result In su bstantial erosion or siltation 00- or off-site? d) Substantially alter the existing drainag<: pattern of the site or area, including through the alteration of the course of a stream or flver, substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site, or place structures within a IOO-year flood hazard area which would impede or redirect flood flows? e) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? f) Create or contribute runoff water, which would exceed the capacity of existing or planned stomHvater drainage systems or provide substantial additional sources of polluted runoff? Comments: See Mitigated Negative Declaration, Section E. Potentially Significant Impact o o o o Less Than Significant With Mitigation Incorporated o o o o Less Than Significant Impact ~ o ~ o No Impact o ~ o ~ Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant impacts to hydrology and water quality to a level of less than significant. IX. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an o o 13-83 o o o o ~ ~ ISSUES: Potentially Significant Impact Less Than Significant With ~Iitigation Incorporated Less Than Significant Impact No Impact agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? o ~ o o Comments: a-c) The proposed project would not pennanently alter land use or propose any changes to existing or planned uses. Similarly, the project would not divide an established community or conflict with any land lIse plans or policies adopted for the purposes of avoiding or mitigating an environmental effect. The project would not conflict with the City ofChula Vista MSCP Subarea Plan (refer to Section E of the wIND for a discussion regarding the project's potential to impact sensitive biological resources). Therefore, the project would not result in significant impacts on land use and planning. Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentiallv significant biological resources impacts to a level of less than significant. X. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? o o ~ o o o ~ o 13-84 ISSUES: Potentially Significant Impact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant 1m pact Comments: a-b) The track, pit, and grandstand areas of the project are located within a portion of the existing quarry currently used for material stockpiling and equipment storage but that are no longer subject to active resource extraction. Temporary stnlctures would be removed foIlo\ving each event and would not result in a condition that would preclude future mining related activities within this area. Those portions of the project that are not located within the quarry do not involve excavation or earthwork (including import or export of materials) that would have the potential to ,esult in a loss of reSOurces. Therefore, impacts to mineral resources are considered less than significant, Mitigation: No mitigation measures are required. XI. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbome vibration or groundbome noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? 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? f) 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? o cs::J o o o cs::J o o o o o cs::J o o cs::J o o o o cs::J o o o cs::J 13-85 Less Than Significant Potentially With Less Than ISSUES: Significant Mitigation Significant No 1m pact Incorporated Impact 1m pact Comments: See Mitigated Negative Declaration, Section E, Mitigation: No mitigation measures are required. XII, POPULATION AND HOUSING, Would the project: a) l"duce substantial population gro',1h 0 0 0 ~ In an area; either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of road or other infrastructure)? b) Displace substantial numbers of 0 0 0 ~ existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of 0 0 0 ~ people, necessitating the construction of replacement housing elsewhere? Comments: The proposed project is considered a temporary use that would not change existing land uses or proposes activities that would affect population or housing growth. Therefore, the project would not result in impacts to population and housing. Mitigation: No mitigation measures are required. XIII. PUBLlC SERVlCES. Would the project: a) Result in substantial adverse physical impacts associated with the provision of new or physically altered govemmental facilities, need for new or physically altered govemmental facilities, the construction of which 13-86 Less Than Significant Potentially With Less Tha n ISSUES: Significant Mitigation Significant No Impact Incorporated Impact Impact could cause significant environmental impacts, In order to maintain acceptable servIce ratios, response times or other performance objectives for any public services: Fire protection? 0 [ZJ 0 0 Police protection? 0 [ZJ 0 0 Schools? 0 0 0 [ZJ Parks? . 0 0 0 [ZJ Other public facilities? 0 0 0 [ZJ Comments: See Mitigated Negative Declaration, Section E. Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant impacts to Public Services to a level of less than significant. XIV. RECREATION. project: Would the a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which have an adverse physical effect on the environment? o o o [ZJ o o o [ZJ Comments: a-b) The proposed project is considered a temporary use that would not involve changing existing land uses that would result in increased demand for recreational [acilities or services. Therefore. the proposal would not impact the City's planned and/or future recreational facilities. Mitigation: No mitigation measures are required. XV. TRANSPORTATION / 13-87 ISSUES: TRAFFIC. Would the project: a) Cause an increase in traffic which is substantial in relation to the existing tralfic load and capacity of the street system (i.e., result In a substantial Increase In either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections) b) Exceed, either individually or cumulatively, a level of servlce standard established by the county congestion management agency for designated roads or highways? c) Result In a change In alr traffic patterns, including either an increase In traffic levels or a change In location that results In substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result In inadequate emergency access? f) Result In inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Comments: See Mitigated Negative Declaration, Section E. Potentially Significant 1m pact o o o o o o o Less Than Significant With Mitigation Incorporated [8J D D D [8J D D Less Than Significan t Impact o o o ~ o ~ o No 1m pact o ~ ~ o o o ~ Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially signil1cant Transportation impacts to a level of less than significant. XVI. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastevv-ater treatment requirements of the applicable o 13-88 D o ~ ISSUES: Regional Water Quality Control Board? b) Require or result in the construction of new \vater or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require- or result in the construction of new stonn water drainage facilities or expansIOn of existing facilities, the construction of which could cause significant environmental effects? d) Have sut1icient water supplies available to serve the project from existing entitlements and resollrces, or are new or expanded entitlements needed? e) Result In a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand In addition to the provider's existing commitments? f) Be served by a landfill with sufficient permined capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local stat lites and regulations related to solid waste? Potentially Significant Impact o o o o o o 13-89 Less Than Significant With Mitigation Incorporated o o o o o o Less Than Significant 1m pact o o o o !Zl !Zl No Impact !Zl !Zl !Zl !Zl o o ISSUES: Potentially Significant 1m pact Less Than Significant With Mitigation Incorporated No Impact Less Than Significant 1m pact Comments: a-g) The proposed project would not involve changing land uses or actlvlt!es that would permanently increase demand for utilities. Consequently, no permanent utilities would be constnlcted. Temporary generators would provide power for lighting and electricity. Portable restrooms and water would also be brought in for use during the event weekends. Trash and recyclables would be disposed of in approved disposal containers and collected routinely throughout the event. The City's Environmental Services Department has confirmed that there are adequat@ recyleing and solid waste facilities to serve the proposed temporary evnets. Furthermore, compliance with the City's Municipal Code 19.58.340 (Recycling and Solid Waste) and the provisions regulated by the California Integrated Waste Management Board (CIWMB) would avoid potentially significant impacts associated with special event recycling and solid waste management. Consequently, recycling and solid waste management associated with the proposed project would be regulated by conditions in the approved Conditional Use Permit, specifically those conditions that require the preparation, review, and approval of a Special Event Recycling and Solid Waste Plan prior to the commencement of each event weekend. Impacts to utilities and public services are considered less than significant. Mitigation No mitigation mea~ures are required. 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 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) o o o k8J o k8J o o 13-90 ISSUES: minutes and maintain an average response time to aj) "Priority Two" calls of7.5 minutes or less. C) Fire and Emergency Medical Emergency response: Properly equipped ond statTed fire and medical units shall respond to calls throughout the City within 7 minutes In 80% of the cases (measured al)nually). 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 199 I LOS. No intersection may reach LOS "E" or "F" during the average weekday peak hOUL 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 11,000 population east of 1-805. F) Drainage The Threshold Standards reqUire that storm water flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with the Drainage Master 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 Se\ver Master Plan(s) and City Engineering Potentially Significant 1m pact o o o o o 13-91 Less Than Significant With Mitigation Incorporated ~ ~ o o o Less Than Significant Impact o o o o o No Impact o o [g] [g] [8'J ISSUES: Standards. H) Water The Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned grovith and that water quality standards are not jeopardized during growth and construction~ Applicants may also be required to participate in whatever \vater conservation or fee off-set program the City of Chula Vista has in etTect at the time of building permit issuance. Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 0 0 0 [g] 13-92 ISSUES: Potentially Significant 1m pact Less Than Significa 0 t With IVlitigation Incorporated Less Than Significant 1m pact No 1m pact Comments: a) The project is a temporary event that would not induce substantial population grow1h: therefore, no impacts to library f3ciJities \yould result. No adverse impact to the City's Library Threshold standards would occur as a result of the proposed project. b) According to the Police Department, adequate police protection services can continue to be provided during major event weekends. The proposed project \liQuld not involve changing land uses that would r~sult in increased permanent demand for police protection services. Therefore, no adverse impacts to the City's Police Threshold standards would occur as a result of the proposed project. As discussed under Section E of the NfND (Public Services), the proposed project has the potential to result in a temporary increase in demand for police protection services as a result of hazards associated with large crowds, temporary congestion of local intersections serving the evenl, and accidents during the race events. Implementation of the mitigation measures'contained in Section F of the rvtND would reduce temporary impacts to police protection services to a level <?f less than significant. c) According to the Fire Department, adequClte fire protection and emergency medical services can continue to be provided during major event weekends. The proposed project would not involve changing land uses that would result in increased permanent demand for police protection services. Therefore, no adverse impacts to the City's Fire and Emergency Medical Threshold standards would occur as a result of the proposed project. As discussed under Section E of the tvfND (Public Services), the proposed project has the potential to result in a temporary increase in demand for protection and emergency medical services as a result of hazards associated with large crowds, temporary congestion of local intersections serving the event, and accidents during the race events. Implementation of the mitigation measures contained in Section F of the MND would reduce temporary impacts to protection and emergency medical services to a level of less than significant. d) See Mitigated Negative Declaration, Section E; refer to the Transportation/Circulation Section addressing temporary project generated traffic conditions. No pennanent adverse impacts to the City's Tramc Threshold standards would occur as a result of the proposed project. e) As described above in Section XIV (Recreation), the temporary events would not induce significant population growth and would not impact existing. or proposed recreational facilities. No adverse impacts to the City's recreati.onal threshold standards \vill occur as a result of the proposed project. 1) The proposed project does not involve grading activities that would alter drainage patterns within or adjacent to the project site. The Engineering Depanment has determined no adverse impacts to the City's drainage threshold standards will occur as a result of the proposed project. g) The project site is within the boundaries of the City of Chula Vista wastewater services area. As discussed in Section E (Public Services) of the MND, 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. h) The project site is \....ithin the potable water service area of the Otay Water District (District). Pursuant to correspondence from the District, the District has adequate water service, storage, and capacity to serve the proposed project. No significant impacts to existing facility systems or the City's water threshold standards will occur as a result of the proposed project. Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentiallv significant temporarv impacts to Public Services (Police / Fire and Emergencv Medical) and Traffic to a level of less than significant. 13-93 ISSUES: XVIII. MANDA TORY 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-sustaining levels, threaten 10 eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed In connection with the effects of past projects, the etfects of other current project, and the effects of probable future projects.) c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Comments: a) Potential short-term indirect impacts Section E, under Biological Resources. Potentially Significant 1m pact Less Than Significant With lYIitigation Incorporated No Impact Less Than Significant Impact o [g] o o o 1Zl o o o o o 1Zl are addressed in the Mitigated Negative Declaration, b) No cumulatively considerable impacts associated with the project when viewed in connection with the effects of past projects, other current projects and probable future projects, have been identified. c) The project will not cause substantial adverse effects on human beings, either directly or indirectly, as the proposed project has been mitigated to lessen any potential significant impacts to a level of less than significance. Mitigation: The mitigation measures contained in Section F of the Mitigated Negative Declaration would mitigate potentially significant impacts to a level of less than significance. 13-94 XIX. PROJECT REVISIONS OR MlTIGA nON MEASURES Project mitigation measures are contained in Section F. Mitigation Necessary to A void Significant Impacts, and Exhibit I, Mitigation Monitoring and Reporting Program of Mitigated Negative Declaration ]S-08-0 I 1. XX. AGREEMENT TO IMPLEMENT MITIGATION MEASURES By signing the line(s) provided below, the Applicant and/or Operator stipulate that they have each read, understood and have their respective company's authority to and do agree to the mitigation m!'asures contained in Mitigated Negative Declaration (IS-08-0Il), and will implement same to the satisfaction of the Environmental Review Coordinator. Failure to sign below prior to posting of this Mitigated Negative Declaration with the County Clerk shall indicate the Applicant and/or Operator's desire that the Project be held in abeyance without approval and that the Applicant and/or Operator shall apply for an Environmental Impact Report. Kanl0 HUttfbr ) f(4JrL~~~+aj7l!L Printed Name and Title of Authorized Representative of [Property wner's Nam ~J/ ' JUL---- Signature of Authorized Representative of [property Owner's Name] ( .~. ~, &//f/ti?f / 'Date Printed Name and Title of [Operator if different from Property Owner] Signature of Authorized Representative of [Operator if different from Property Owner] Date 13-95 XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the previous pages. o Land Use and Planning ~ Transportation/Traffic o Population and Housing ~ Biological Resources ~ Geophysical 0 Mineral Resources ~ Public Services o Utilities and Service Systems o Aesthetics o Agricultural Resources ~ Hydrol;gy/Water ~ Hazards and Hazardous Materials ~ Cultural Resources ~ Air Quality o Threshold Standards o Noise o Recreation o Mandatory Findings of Significance 13-96 XXI. DETERMINATION On the basis of this initial evaluation: I find that the proposed project could not have a significant effect on the 0 environment and a Negative Declaration will be prepared. I find that although the proposed project could have a significant effect on the ~ environment there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project A Mitigated Negative Declaration will be prepared. I find that the proposed project may have a significant effect on the 0 environment, and an Environmental Impact Report is required. I find that the proposed project may have a significant effect(s) on the 0 environment, but at least one effect: I} has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impacts" or "potentially significant unless mitigated." An Environmental Impact Report is required. but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the 0 environment, there will not be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project An addendum has been prepared to provide a record of this determination. f' , //1"_- ,/ : ./ /: , ~ lMrk-- G1encLaube , Senior Planner City of Chula Vista b~~!OY; Date ' 13-97 ~. "1; ~ ~ " "~ ~ ro 0> I C'l ~ CHAMPIONSHIP OFF ROAD RACING ehula Vista International Raceway '11\ If ~_E~~~~~.r.I~~~~1 ru-1 ,,-,,=..,...,.,.~~ ,,,,"-, DCORRTta,_k LN~'ii,\II.lSCPBOU"d~<Y r=:::1 Re<'~rn"rrm' ~BQund"rl E::t iJ r~ 1I ~~ () :J" C ii) < 0;. Qj :J ro ~ :J ~ o. :J OJ 00 ~:c ~,... ;go;: _-0 0- ",0 _2 <">'" -:z: =- ",-0 " i "'"' ;JJ OJ (1 '" ~ OJ '< ., , o \, 3 '" :J U> o. :J CIJ :J" '" ~ !mm"", ill,g .,,- !!r;~@ 1!I~g !:2 ~!~ 13-99 RESOLUTlON.NO.2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING PROGR~M (IS-08-011), A1~D GRANTING A CONDITIONAL USE PERt'\tIIT (PCC-08-013), TO CONDUCT RACE EVENTS ON A TEMPORARY RACETRACK WITHIN THE RIMROCK QUARRY, LOCATED OFF HERITAGE ROAD AND ADJACENT TO THE OT A Y RIVER V ALLEY. A. RECIT ALS 1. Project Site WHEREAS, the parcels that are the subject matter of this resolution are represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description are located on a portion of the Rimrock Quarry adjacent to the Otay River Valley. The project site also includes a portion of Otay Ranch Village Three to be used as general public parking, and the western active recreation area within the Otay River Valley for an overnight camping area ("Project Site"); and 2. Project Applicant WHEREAS, on January 15, 2008 a duly verified application for a Conditional Use Permit (PCC-08-0l3) was filed with the City of Chula Vista Planning and Building Department by XR Promotions, LLC for Championship Off Road Racing ("Applicant"); and 3. Project Description; Application for Conditional Use Permit WHEREAS, said Applicant requests permission to conduct off-road racing events on July 25th - 27th, September 12'h - 14th, and December 5th - 7u" 2008 and three similar dates in 2009 on said Project Site; and 4. Planning Commission Record of Application WHEREAS, the Planning Commission held an advertised public hearing on the project on June 25, 2008 and voted 6 - 0 - 0 - 1 recommending that the City Council approve/deny the project in accordance with Resolution PCC-08-013; and 5. City Council Record of Application WHEREAS, a hearing time and place was set by the City Clerk of the City of Chula Vista for consideration of 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, 13-100 Resolution No. Page 2 and its mailing to property o""ners and residents within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS, a duly called and noticed public hearing on the project was held before the City Council of the City of Chula Vista on July 8, 2008; to receive the recommendation of the Planning Commission, and to hear public testimony with regard to the same. WHEREAS, the City Council of the City of Chula Vista reviewed and considered the Mitigated Negative Declaration (MND IS-08-01I) and associated Mitigation Monitoring and Reporting Program (MMRP), and Conditional Use Permit (PCC-08-0 13); and WHEREAS, the City Council of the City of Chula Vista after considering all evidence and testimony presented voted X - X - X - X to approve the Project and the Applications in accordance with the findings listed below. NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine, and resolve as follows: B. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearing on this project held on June 25, 2008 and the minutes and resolution resulting there from, are hereby incorporated into the record of this proceeding. C. ENVIRONMENTAL DETERMINATION The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study (IS-08-0 11), in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordiiiiifiii-'has determined that the project could result in significant effects on the environment. However, revisions to the project made by, or agreed to by, the Applicant would avoid the effects, or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration (IS-08-01 1). D. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-08-0 11) 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-08-0 11). 13-101 Resolution No. Page 3 E. INDEPENDENT JUDGEMENT OF CITY COUNCIL The City Council does hereby find on the basis of the whole record before it, including the initial study and comments received for the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-08-0 11), that there is no substantial evidence that the project will have a significant effect on the environment and that the Mitigated Negative Declaration reflects the lead agency's independent judgment and analysis. In addition, the City Council does hereby find that in the exercise of their independent review and judgment, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (18-08-011) in the form presented has been prepared in accordance with requirements of the California Environmental Quality Act (CEQA) and the Environmental Review Procedures of the City of Chula Vista and hereby adopts the same. F. CONDITIONAL USE PERMIT FINDINGS The City Council of the City of Chula Vista does hereby make the findings required by the City's rules and regulations for the issuance of conditional use permits, as herein below set forth, and sets forth, there under, the evidentiary basis that permits the stated finding to be made. 1. That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The proposed use at this location is desirable in that it attracts thousands of visitors to the City of Chula Vista for each event and is televised nationwide. The racetrack facilities are located within a portion of an already disturbed mining operation within the Rimrock Quarry. The camping area is located on land designated for open space active recreation, and the parking area is located on an agricultural field land use designated for future residential use. The racetrack, camping and parking areas are all located a significant distance away from existing residential neighborhoods to the south and west and visually obscured from view to the north and east by the surrounding rock quarry. The nearest residential neighborhoods within the City are over two miles to the north and east. 2. That .such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. This conditional use permit for six (6) race events required environmental documentation that analyzed the proposal with respect to the effect of the proposal on health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. 13-102 Resolution No. Page 4 The Traffic Control Plan would ensure the smooth flow of vehicular traffic to and from the parking areas and the racetrack site to address any traffic congestion at the beginning and end of each race event. For race event participants and spectators, a Security Plan and Emergency Medical Plan would ensure the public health, safety and general welfare. For example, safety precautions such as concrete barriers and fencing, and fire and police equipment and personnel will be provided in order to address the potential impacts of the race events on participants and spectators. In addition, even though race related noise is not regulated by the noise ordinance, noise attenuation measures will be implemented such as barriers behind the grandstands. Also, noise and biological monitoring will be provided during race events as conditions of the Conditional Use Permit. Archeological study areas and open space preserve areas are to be protected with fencing and security personnel as part of the Mitigation and Monitoring Reporting Program compliance. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The temporary racing and related events would be conditioned to comply with all Municipal Code regulations. The Conditional Use Permit requires City Council approval per the unclassified uses provisions for a racetrack in the Zoning Code (l9.54.020J-7), which references the amusement and entertainment facilities development standards of Zoning Code (19.58.040). The Conditional Use Permit requirement allows for the imposition of conditions as requirements that must be adhered to as determined by the City Council. 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 six (6) race events proposed in the Conditional Use Permit are only being permitted as a temporary land use, the granting of this permit will not require amendments to the Chula Vista General Plan, Otay Ranch General Development Plan, or the creation of a Sectional Planning Area (SPA) Plan for the Planned Community (PC) zoned project site, and as such does not affect the future long-range planning of land uses for the project site. G. TERMS OF GRANT OF PERMIT The City COlillcil hereby grants Conditional Use Permit PCC-08-0l3 subject to the following conditions: 13-103 Resolution No. Page 5 Plannin!! and Sui/din!!: I. The Applicant shall submit building permit plans in conformance with the racetrack site plan layout approved by the City Council. The Director of Planning and Building shall approve any revisions required for compliance with the conditions of approval prior to each race events. 2. The Applicant shall submit building permit plans in compliance with 2007 CBC, and 2004 CEC requirements for temporary power poles, power supply generators, and temporary seating grandstands and canopies. Structural calculations are required for the grandstands. The Applicant shall provide a manufacturer's certification letter of approval for the grandstand installation, as well as provide portable seating system details for review and approval by Director of Planning and Building. 3. The Applicant shall provide plans showing the path of travel from parking areas and restroom facilities to the grandstands in compliance with 2001 Handicapped Accessibility Requirements, SB 1025 and 2005 Title 24 Energy requirements for review and approval by Director of Planning and Building. 4. The Apflicant shall comply with the approved schedule for race events to occur on July 25t - 27th, September Ith - 14th, and December 5th - 7th, 2008. The three race events proposed for 2009 are anticipated to be held on similar dates and shall be approved by the Director of Planning and Building one month prior to the first race event of 2009. The Director of Planning and Building may require a new public hearing before the City Council for the three race events proposed for 2009. In the event that modifications are requested by the Applicant, or required for compliance with the conditions, a new public hearing may be required between each race event as needed to modify or revoke the permit. 5. The Applicant shall enforce hours of operation limiting race events and related activities to between 7 a.m. and 7 p.m. on race event dates. Qualifying and testing on the Fridays immediately prior to race events may be held from 10 a.m. to 5 p.m. 6. The Applicant shall agree to cease all race events in the event of heavy rain where there is significant surface runoff and the safety of race participants and spectators may be in jeopardy as determined by the Director of Planning and Building. .7. The Applicant shall only permit concerts and other live entertainment activities to occur before, during, and immediately after each racing event in association with the race events, between 9:30 a.m. and 7:00 p.m. 8. The Applicant may permit race participant crews, equipment, and race vehicles to remain onsite for the duration of the race events; however, the Applicant shall enforce requirements to ensure race participant teams arrive no sooner than the Wednesday immediately prior to the race events. 9. The Applicant shall not provide any lighting for the racetrack. The Applicant may 13-104 Resolution No. Page 6 provide temporary lighting limited to the race team pit areas, overnight camping areas, and vendor staging areas. If temporary site lighting is proposed, a lighting plan shall be submitted two-weeks prior to first race event for review and approval by the Director of Planning and Building. 10. The Applicant shall provide for general clean up and trash pick-up of the racing pit areas, spectator stands, foodlbeverage areas and parking lots on a continuous and as needed basis throughout the race events to prevent trash and debris from leaving the site to the satisfaction of the Director of Planning and Building. II. The Applicant shall ensure that on-site parking fee collections occur at the easterly terminus of Energy Way, adjacent to the parking areas, to prevent the queuing of vehicles onto City streets. No queuing of vehicles shall be permitted on City streets. If necessary, patrons may be required to circulate vehicles further into the parking area beyond the designated collection point until traffic on-site can accommodate all vehicles arri ving. 12. The Applicant shall prohibit the following actlVltles within the camping area: the creation of any open fire pits; the use.of All-Terrain Vehicles (ATV's) and all other similar motorized vehicles, the use of personal fireworks; campers from leaving the campground and intruding into adjacent Preserve areas; domestic pets without a leash within the campsite areas. The campsite shall be subject to a curfew between 11:00 p.m. and 7:00 a.m. The Applicant shall provide campers a leaflet explaining the biological sensitivity of the surrounding areas as well as the campground rules, including the requirement that camper's only access the racetrack via a shuttle bus. Failure of the campsite area users to abide by the conditions set forth in this permit shall result in the immediate removal of any camper who violates these regulations, or the Applicant shall face revocation of permit provisions for campsite areas. Use of the campsite area is contingent upon enforcement of all conditions of this permit to the satisfaction of the Director of Planning and Building. 13. The Applicant shall provide a Trash and Recycling Plan two-week prior to the first race event to the satisfaction of the Recycling Coordinator and the Director of Planning and Building. A septic truck shall be available to all campsite area users to prevent the illegal dumping of wastewater or the discharge of raw sewage onto areas that may lead to drainage systems, or within the solid waste and recycling receptacles to the satisfaction of the Director of Planning and Building, 14. The Applicant shall secure the racetrack site so access will be closed to the public after the final racing event each day. Overnight use or access to the racetrack will be limited to race participants, crewmembers, and security staff, and all access points to the racetrack site will be closed and/or secured by fencing after racing event activities end each day to the satisfaction of the Director of Planning and Building. 15. The Applicant shall commence clean up of the racetrack site immediately following each race event weekend's activities. All trash and debris generated by the proposed project will be removed. Disturbed areas of the parking and camping areas shall be 13-105 Resolution No. Page 7 stabilized to prevent or reduce soil runoff to the satisfaction of the Director of Planning and Building. 16. The Applicant shall restore or secure the racetrack site as necessary between each of the race events. The general public parking access point from Energy Way shall be closed-off with replacement fencing. All temporary structures such as light poles, grandstand, canopies, portable restroom facilities, and power generators may remain on the racetrack site if secured, or shall otherwise be disassembled and relocated or removed from the site to the satisfaction of the Director of Planning and Building. 17. The Applicant shall provide the date for each practice session two weeks prior to each practice session for review and approval by the Director of Planning and Building. 18. The Applicant shaH comply with the General Plan's Open Space land use designation goals, objectives, and policies for areas of the projects that are located outside the Rimrock Quarry mining operations areas and within Otay Valley District to the satisfaction of the Director of Planning and Building. Environmental: 19. The Applicant shall implement, to the satisfaction of the Director of Planning and Building, all mitigation measures identified in the Final Mitigated Negative Declaration for a Conditional Use Permit for a Temporary Championship Off-Road Race (IS-08-0 11) and Mitigation Monitoring and Reporting Program in accordance with the requirements, provisions and schedules contained therein. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning and Building. 20. The Applicant shall not schedule 2009 race events including non-event practice sessions or other race event operations to occur between February 15th and June 15th. 21. The Applicant shall minimize noise impacts adjacent to the Preserve. As noted on the plans, berms and/or walls will be constructed adjacent to uses that introduce noise that could impact or interfere with wildlife. The proposed project shall install noise attenuation barriers along the backs of all grandstands adjacent to the Preserve to the satisfaction of the Director of Planning and Building. 22. The Applicant shall provide acoustical monitoring at the edge of, and within, sensitive habitat areas, including designated MSCP Preserve areas, to the satisfaction of the Director of Planning and Building throughout any race related activities scheduled between June 16th through September 15th Monitoring locations shall be reviewed and approved by the City's biological consultant prior to any race related activity. Upon completion of the acoustical monitoring, a summary report shall be provided to City staff. 23. The Applicant shall provide biological monitoring within sensItIve habitat areas including designated MSCP Preserve areas, to the satisfaction of the Director of 13-106 Resolution No. Page 8 Planning and Building throughout any race related activities scheduled between June 16th through September 15th to ensure implementation of appropriate resource protection measures. Monitoring shall include, but is not limited to, the following: changes in sensitive species behavior (most notably coastal California gnatcatchers and least Bell's vireo); intrusions into the MSCP Preserve; visible trampling of natural vegetation adjacent to the project footprint; and edge effects at the border of the MSCP preserve and adjacent to the project footprint. Monitoring locations shall focus on adjacent Preserve areas, the locations of which shall be reviewed and approved by the City's biological consultant prior to any race related activities. Upon completion of the biological monitoring, a report summarizing the general baseline biological conditions (i.e., pre-race conditions), the observed effects of race related activities on biological resources, and the Applicant's conformance to the City's adjacency management guidelines shall be provided to City staff. 24. The Applicant shall prohibit pedestrian use of the existing Otay River access road (Camping Area to Track Area) and the existing Wolf Canyon access road (Parking to Track Area) during race events. The Applicant shall post signs reading "No Pedestrians or Private Vehicles - Shuttles Only" along all access roads crossing Wolf Canyon and the Otay River Valley to the satisfaction of the Director of Planning and Building. On-site security staff shall direct race patrons to the appropriate shuttle pick-up/drop-off locations. Methods for enforcement of this condition shall be detailed in the approved Security Plan. 25. The Applicant shall ensure that all parking and camping stalls be sited under the direction of a qualified biologist and archeologist to the satisfaction of the Director of Planning and Building. 26. The Applicant shall prepare and distribute an informational/regulation leaflet to all race participants describing the race venue's proximity to the Preserve and mandatory restrictions including mandatory use of the shuttle buses when crossing Wolf Canyon or the Otay River Valley. The informational/regulation leaflet content is subject to the approval of the Director of Planning and Building prior to the first race events. 27. The Applicant shall enforce the prohibition of firework use of any kind before, during and after each race event. 28. The Applicant shall include in the Security Plan required by the Police Department a description of all activities that are prohibited within or adjacent to Preserve areas. In addition, this section of the Security Plan shall provide a procedure for how violations will be processed in order to maintain the biological integrity of the adjacent Preserve areas. This section of the Security Plan snail be reviewed and approved by the Director of Planning and Building prior to the first race events. Police: 29. The Applicant shall provide a Security Plan two-weeks prior to the first race events for review and approval by the Police Chief and the Director of Planning and 13-107 Resolution No. Page 9 Building. 30. In compliance with the approved Traffic Control Plan, the Applicant shall notify businesses operating on Nirvana and Energy Way at least seven days in advance of each event regarding the use of these public roads for routing general public parking along their frontages to the temporary parking areas. The Police Chief and City Engineer shall review and approve revisions as required to the Traffic Control Plan for race events that occur when there are concurrent concert or other events occurring at the adjacent Cricket Wireless Amphitheater during the 2008-2009 race event season. The Applicant shall provide the 2009 race event schedule to the Police Chief and City Engineer one month prior to the first racing event of 2009. 3 I. The Applicant shall prohibit motorized vehicle use other than race vehicles registered for the race event and permitted team vehicles. Teams are permitted one 4-wheel motorized vehicle and one 2-wheel motorized vehicle. Pennitted team vehicles must prominently display team identification. The Applicant shall post signs in areas where motorized vehicles are prohibited to the satisfaction of the Police Chief. 32. The Applicant shall obtain and provide all required Alcoholic Beverage Control (ABC) permits to the Special Events and Special Investigations Unit prior to any sales of alcohol at any racing and entertainment events. The sale of alcoholic beverages may occur during the races and shall cease one hour prior to the end of the races. Compliance with the limitation to the sales of alcohol by ABC is a condition of this permit. 33. The Applicant shall provide signs at all of the entrances to the racing event indicating the following: Except as provided in California Yehicle Code (CYC) Section 22658, 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: (l) 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. Fire: 34. The Applicant shall provide an Emergency Medical Plan two weeks prior to the event for approval by the Fire Chief and/or his designee. No race will start or a "hold the start" will be enforced until approval of these plans, followed by a failure to comply fine. 35. The Applicant shall provide an Emergency Evacuation Plan two weeks prior to the event for approval by the Fire Chief and/or his designee. No race will start or a "hold 13-108 Resolution No. Page 10 the start" will be enforced until approval of these plans, followed by a failure to comply fine. 36. The Applicant shall provide: (1) a race pit indemnification letter that includes all vehicle repair/hazmatlwelding within the pit areas; and (2) a firework indemnification letter acknowledging that the City has prohibited the use of fireworks,. These indemnification letters shall be provided to the Fire Chief and/or his designee two weeks prior to the event. No race will start or a "hold the start" will be enforced until submittal and approval of these documents are obtained, followed by a failure to comply fine. 37. The Applicant shall provide the complete site plan a minimum of two weeks prior to the event to the Fire Chief and/or his designee for approval. The site plan shall include emergency exits. Non-compliance may result in a "hold the start" until submittal and approval, followed by a failure to comply fine, and followed by a stop to the event. 38. The Applicant shall, for generators: (1) provide a generator plan to the City of Chula Vista and the Fire Department for approval; (2) submit a complete manifest; (3) pay the permit fee and; (4) obtain a Fire Department permit by completing an inspection and receiving clearance prior to the event from the Fire Chief and/or his designee. Non-compliance will result in a notice of violation, followed by the removal of all non-compliant generators, and followed by a failure to comply fine. 39. The Applicant shall submit plans for approval of all grandstands (identifying the o'ccupant load, aisles, etc.), and obtain a fire code permit for the grandstands from the Fire Chief and/or his designee prior to erecting any grandstands. Non-compliance will result in a "hold the start" of the race, and followed by a failure to comply fine. 40. The Applicant shall provide a site plan for the camping area that shall include fire department access, approved grades, fire lanes, fire department turnaround, etc., two weeks prior to the event to the Fire Chief and/or his designee for approval. Camping shall be maintained according the approved camping plans. Non-compliance will result in a notice of violation, followed by towing of campers or vehicles, holding the race start, and followed by a failure to comply fine. 41. The Applicant shall maintain emergency exits, provide exit signs, provide 44-inch aisles and provide openings in fenced area and shall submit to an inspection and receive approval from the Fire Chief and/or his designee. Non-compliance will result in a notice of violation, followed by holding of the race start, and followed by a failure to comply fine. 42. The Applicant shall submit tent plans, pay permit fees, and obtain all tent permits (including the Baldwin tent) and approval for tent locations. All other requirements of a tent permit shall apply. An inspection and clearance from the Fire Chief and/or his designee shall be obtained prior to the event. Non-compliance will result in a notice of violation being written, followed by a "do not occupy", followed by the removal of the tent, and followed by a failure to comply fine. 13-109 Resolution No. Page 11 43. The Applicant shall include all practice sessions in the Emergency Medical Plan. Practices are limited to practice only. The Applicant shall notify the Fire Chief and/or his designee two weeks in advance for all practice sessions. Non-compliance will result in a notice of violation, followed by holding the practice session/no practice session, and followed by a failure to comply fine. 44. The Applicant shall provide for the pit areas the following: (1) no public assembly tents over 200-sq. ft.; (2) fire extinguishers and; (3) clear fire lanes at all times. Inspection and approval prior to the event shall be obtained from the Fire Chief and/or his designee. Non-compliance will result in a notice of violation, followed by closure of the pit, and followed by a failure to comply fine. 45. The Applicant shall provide exiting aisles of required aisle width as approved by the Fire Chief and/or his designee to be maintained and kept clear at all times. Non- compliance will result in a notice of violation, followed by a failure to comply fine, and followed by a hold of the race start. 46. The Applicant shall provide fire lanes that are striped, maintained, and always unobstructed as approved by the Fire Chief and/or his designee to be maintained and kept clear at all times. The Applicant shall provide a tow truck in the pit area dedicated to removing vehicles illegally parked in the fire lanes. Non-compliance will result in a failure to comply fine. 47. For the Food Prep Area the Applicant shall: (1) obtain approved clearance from tents; (2) maintain proper propane clearance and; (3) provide fire extinguishers. Prior to the event, the Applicant shall submit to an inspection and receive approval from the Fire Chief and/or his designee. Non-compliance will result in a notice of violation, followed by closure of the food prep area until all corrections are made, and followed by a failure to comply fine. 48. For the grandstand tents, the Applicant shall obtain the fire department permit, pay the permit fee, post no smoking signs, provide fire extinguishers, provide exit signs (all in accordance with CFC 2007) and submit to an inspection and receive approval prior to the event from the Fire Chief and/or his designee. Non-compliance will result in a notice of violation, followed by closure of the grandstand tent area, and followed by a failure to comply fine. 49. The Applicant shall obtain a public assembly permit III compliance with 2007 California Fire Code and submit to an inspection and receive approval prior to the event from the Fire Chief and/or his designee. Non-compliance will result in a notice of violation, followed by holding of the race start, followed by failure to comply fine, and followed by the closure of the event. 50. For the Fuel truck, the Applicant shall: (1) obtain a fire department permit; (2) submit a complete manifest; (3) pay the permit fee; (4) obtain the location and clearance approval with prior to event and; (5) submit to an inspection and receive approval prior to dispensing fuel from the Fire Chief and/or his designee. Non-compliance will 13-110 Resolution No. Page 12 result in no fuel dispensing being allowed and a notice of violation issued, followed by fuel truck removal, and followed by a failure to comply fine. 51. The Applicant shall provide and maintain approved Fire Department Access, including access to the racetrack, at all times per the CFC 2007 and/or as approved by the Fire Chief and/or his designee. A test drive shall be conducted prior to each event. Non-compliance will result in a notice of violation, followed by holding the race start, and followed by a failure to comply fine. Enf!ineerinf!: 52. The Applicant shall show and identify on site plans all existing sewer lines, water lines, and all easements on all properties within the project boundaries to the satisfaction of the City Engineer. 53. The Applicant shall maintain roadway access for San Diego Gas and Electric, the City of Chula Vista, the City of San Diego, Otay River (SR-125) Construction, and all other local, state, and federal governmental agencies that need access to sewer lines, the water lines/aqueduct, toll way construction etc., in order to fulfill functions that occur as part of business and governmental operations within the affected properties. 54. The Applicant shall apply for a construction permit to perform work within public right-of- way to remove and replace the curb, gutter and sidewalk located at the cul- de-sac terminus of Energy Way that will provide access to the general public parking area prior to the first race event. Gravel shall be provided over the length of the Energy Way entrance to eliminate the tracking of mud onto public streets to the satisfaction of the City Engineer. The Energy Way driveway shall be replaced with a Chula Vista Standard driveway CVCS-IA. 55. The Applicant shall maintain the access and operation of the two existing de silting basins along the south side of the quarry property at all times. The Applicant shall clean these de silting basins as necessary for maintenance for storm runoff to be directed to those desilting basins before leaving the site to the satisfaction of the City Engineer. 56. The Applicant shall submit a final grading plan of the site demonstrating that the drainage patterns for all runoff leaving the project site will pass through the existing desilting basins, prior to the first race event on the site to the satisfaction of the City Engineer. 57. The Applicant shall provide plans showing all portable toilets a minimum of 50-ft. away from the existing storm water desilting basins to the satisfaction of the City Engineer. 13-111 Resolution No. Page 13 Public Works: 58. The Applicant shall provide access to all sewer manholes and telemetry vaults located on the site prior to holding any racing events at the Rimrock Quarry. Applicant shall submit detailed construction plans and cost estimates to the City Engineer for the permanent adjustment to grade of manholes, telemetry vaults, and concrete pads no later than August 29 2008. Applicant shall obtain a construction permit (including the provision of faithful performance and material and labor securities) and complete said construction work no later than one month prior to the 2009 season's first race event. 59. In addition to the Best Management Practices (BMPs) proposed in the approved Storm Water Pollution Prevention Plan (SWPPP) and its addendum the Applicant shall nominate a person to be in charge of conducting inspections and maintaining BMPs before, during, and after the race events. The name and contact number of the designated person shall be provided to the Storm Water Management Section two- weeks prior to first race event. In addition, the person nominated shall provide an informational/regulation leaflet to all race participants describing the BMPs that are required to be used on site. The language to be included in the leaflet shall be reviewed and approved by the Storm Water Management Section and Public Works Director two-weeks prior to first race event. 60. The Applicant is required to obtain coverage under the NPDES General Construction Permit that includes the access road leading to the proposed campsite on the south ...side of the Otay River, based on NPDES Regulations for soil disturbance. In addition, the berm that was constructed along the southern edge shall have erosion control protection provided by the Applicant in the form of hydro seeding or bonded fiber matrix. A copy of the receipt of the Notice of Intent shall be submitted to the Storm Water Management Section within two-weeks prior to first race event. The SWPPP shall be amended to include BMPs for this access road to the satisfaction of the Storm Water Management Section and Public Works Director. General: 61. The Applicant shall provide good faith deposits toward the fulfillment of certain conditions noted above as follows: (a) Two weeks prior to the first race event, a good faith deposit to the City of Chula Vista in the amount of $15,000, which shall be used towards the remedy of actions deemed necessary by the City of Chula Vista, as specified in Mitigation Measure No.3 of the MMRP for MND (IS-08-0ll) referenced in condition No. 19 related to fencing the Preserve that fail to be implemented and maintained according to their terms immediately upon notification during any race events. The basis of the deposit is for reimbursement for City personnel services at current full cost recovery rates, costs of materials, and for outside contractors, if needed. To the extent that the deposit is used and/or exceeded, the Applicant will be required to refund the balance due in advance of the next race event; 13-112 Resolution No. Page 14 (b) In the event that the sewer manhole condition No. 58, except permanent adjustment/construction is not resolved two weeks prior to the September 2008 race events, an additional $90,675 deposit must be provided. The basis of the deposit is for reimbursement for City personnel services at current full cost recovery rates, costs of materials, and for outside contractors, if needed. To the extent that the deposit is used and/or exceeded, the Applicant will be required to fund the balance due in advance of the next race event. The deposit shall be reviewed and approved by the Planning and Building Director two weeks prior to the September 2008 race event. 62. Applicant shall provide proof of liability insurance coverage naming the City of Chula Vista as an additionally insured party in the amount of $10 million. The liability insurance policy shall be reviewed and approved by the Risk Management Department two weeks prior to the first race event. 63. The Applicant 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 Permit tee of a substantial revenue source which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. 64. The Applicant shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit (PCC-08-013) and the Final Mitigated Negative Declaration for this Conditional Use Permit allowing for a Temporary Championship Off-Road Race (IS-08-011) and Mitigation Monitoring and Reporting Program, (b) City's approval or issuance of any other permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) the activities conducted in conjunction with this Conditional Use Permit and Final Mitigated Negative Declaration, including all claims for damages for alleged personal injuries or property damage from any person or entity, whether such inj ury or damage is allegedly caused by Applicant/operator, race participants, vendors, or spectators. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this conditional use permit where indicated, below. Applicant's/operator's compliance with this provision is an express condition of this Conditional Use Permit (PCC-08-0 13) and this provision shall be binding on any and all of Applicant' s/operator' s successors and assigns. 13-113 Resolution No. Page 15 H. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020 (a) and failure to follow timely this procedure will bar any subsequent legal action to attack, review, set aside, void or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other exactions, which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. 1. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the Applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and Applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or Applicant. Failure to return a signed, stamped copy of this recorded document within ten davs of recordation to the City Clerk shall. indicate the property owners/Applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the City Clerk's Office and known as document No._. Signature ofXR Promotions, LLC Applicant/Property Owner Date Signature of Applicant's Event Representative From Championship Off-Road Racing (CORR) Date J. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they 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, revoke or further condition future race events under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. 13-114 Resolution No. Page 16 K. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision, and condition herein stated; and that in the event that anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect. Presented by Approved as to form by Nancy M. Lytle, Acting Planning Director '~~, I~~~ ~ Bart Miesfeld Interim City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 8th day of July, 2008, by the following vote: AYES: Council members: NA YS: Council members: ABSENT: Council members: ABSTAIN: Council members: Cheryl Cox, Mayor ATTEST: Donna Norris, Interim City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna Norris, Interim 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 of the Chula Vista City Council held on the this 8th day of July, 2008. Executed this 8th day of July 2008. Donna Norris, Interim City Clerk 13-115 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO WAIVE THE FULL COST RECOVERY RATE FOR POLICE SERVICES FOR THE CHAMPIONSHIP OFF ROAD RACING (CORR) RACE EVENTS, AUTHORIZING AN ALTERNATIVE RATE OF COST RECOVERY OF OVERTIME PLUS 20%, AND APPROPRIATING $27,859 TO THE POLICE DEPARTMENT FISCAL YEAR 2008/2009 PERSONNEL SERVICES BUDGET FOR OVERTIME COSTS WHEREAS, the Police Department received a request from representatives of Championship OtT Road Racing (CORR) to reduce the fee for fire and emergency medical services for the racing cup season that includes three racing weekends per year from 2008 through 2009; and WHEREAS, since 2005, the City has historically lowered the fees for public safety related services from the "Full Cost Recovery Rate" to "Overtime plus 20%"; and WHEREAS, police services are required for the purpose of ensuring the safety of participants and those in who will be attending these events; and WHEREAS, the CORR events bring significant positive publicity to the City of Chula Vista; and WHEREAS, the "Overtime plus 20%" rate will completely offset the direct costs to provide police services for the race event; and WHEREAS, an appropriation of $27,859 will need to be made to the fiscal year 2009 Police Department Personnel Services budget for overtime costs which will be completely offset by the event fees. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista as follows: 1. That it authorizes the City Manager to waive the full cost recovery rate for police services for the Championship Off Road Racing (CORR) season from 2008 through 2009 for three racing weekends per year. 2. That it authorizes an alternative rate of cost recovery of overtime plus 20%. 13-116 Page 2, Item: Meeting Date: 1/23/07 3. That it appropriates $27,859 to the Police Department Fiscal Year 2008/2009 Personnel Services budget for overtime costs. Presented by: Approved as to form by: /) ~~/L /L~~i;:- ~ Bart Miesfeld {i Interim City Attorney Richard P. Emerson Police Chief J:\Attomey\ELlSA\RESOS\CORR 2008 police cost recovery.doc 13-117 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MAi'JAGER TO WAIVE THE FULL COST RECOVERY RATE FOR FIRE Ai'JD EMERGENCY MEDICAL SERVICES FOR THE CHAMPIONSHIP OFF ROAD RACING (CORR) RACE EVENTS, AUTHORIZING AN ALTERNATIVE RATE OF COST RECOVERY OF OVERTIME PLUS 20%, AND APPROPRIATING $33,567 TO THE FIRE DEPARTMENT FISCAL YEAR 2008/2009 PERSONNEL SERVICES BUDGET FOR OVERTIME COSTS WHEREAS, the Fire Department received a request from representatives of Championship Off Road Racing (CORR) to reduce the fee for fire and emergency medical services for the racirig cup season that includes three racing weekends per year from 2008 through 2009; and WHEREAS, since 2005, the City has historically lowered the fees for public safety related services from the "Full Cost Recovery Rate" to "Overtime plus 20%"; and WHEREAS, fire and emergency medical services are required for the purpose of ensuring the safety of participants and those in who will be attending these events; and WHEREAS, the CORR events bring significant positive publicity to the City of Chula Vista; and WHEREAS, the "Overtime plus 20%" rate will completely offset the direct costs to provide fire and emergency medical services for the race event; and WHEREAS, an appropriation of $33,567 will need to be made to the fiscal year 2008/2009 Fire Department Personnel Services budget for overtime costs which will be completely offset by the event fees. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista as follows: 1. That it authorizes the City Manager to waive the full cost recovery rate for fire and emergency medical services for the Championship Off Road Racing (CORR) season from 2008 through 2009 for three racing weekends per year. 2. That it authorizes an altemati ve rate of cost recovery of overtime plus 20%. 13-118 3. That it appropriates $33,567 to the Fire Department Fiscal Year 2008/2009 Personnel Services budget for overtime costs. Presented by: Approved as to form by: James S. Geering Interim F ire Chief \--(A~v!l- ~ ~ 17?'--.- Bart Miesfeld' rf . Interim City Attorney J:\Anorney\ELISA\RESOS\CORR 2008 fire cost recovery.doc 13-119