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HomeMy WebLinkAboutReso 2008-176 RESOLUTION NO. 2008-176 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE MITIGATED NEGATIVE DECLARATION. MITIGATION MONITORING PROGRAM (IS-08-0II), 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 OT A Y RIVER V ALLEY A. RECITALS I. 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 ofOtay 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-08-0B) 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 l2'h - 14th, and December 5th - 7th, 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, and its mailing to property owners and residents within 500 feet of the exterior boundaries ofthe property, at least ten (10) days prior to the hearing; and Resolution No. 200S-176 Page 2 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 S, 200S; to receive the recommendation of the Planning Commission, and to hear public testimony with regard to the same; and WHEREAS, the City Council of the City of Chula Vista reviewed and considered the Mitigated Negative Declaration (MND IS-OS-011) and associated Mitigation Monitoring and Reporting Program (MMRP), and Conditional Use Permit (PCC-OS-013). 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, 200S 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-OS-Oll), in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that the project could result in significant effects on the environment. However, revisions to the project made by, or agreed to by, the Applicant would avoid the effects, or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration (IS-OS-Oll). D. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-OS-O 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 (lS-OS-Oll). 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-OS-Oll), that there is no substantial evidence that the project will have a significant effect on the environment and that the Mitigated Negative Declaration reflects the lead agency's independent judgment and Resolution No. 2008-176 Page 3 analysis. In addition, the City Council does hereby find that in the exercise of their independent review and judgment, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-08-0 II) 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. I. That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The proposed use at this location is desirable 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. 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. Resolution No. 2008-176 Page 4 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 ofland uses for the project site. G. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-08-0I3 subject to the following conditions: Planninf! and Buildin~: 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. Resolution No. 2008-176 Page 5 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 ApJ?licant shall comply with the approved schedule for race events to occur on July 25 - 27th, September 12th - 14th, and December 5th - 7'h, 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 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. Resolution No. 2008-176 Page 6 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 arriving. 12. The Applicant shall prohibit the following activities 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 stabilized to prevent or reduce soil runoff to the satisfaction of the Director of Planning and Building. , 1 ...__.~_._ --.-I Resolution No. 2008-176 Page 7 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 shall 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-08-011) 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 Planninf and Building throughout any race related activities scheduled between June 16t 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 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: Resolution No. 2008-176 Page 8 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 shall 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 Building. Resolution No. 2008-176 Page 9 30. In compliance with the approved Traffic Control Plan, the Applicant shall notifY businesses operating qn 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 of2009. 3 l. 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. Permitted team vehicles must prominently display team identification. The Applicant shall post signs in areas where motorized vehicles are prohibited to the satisfaction ofthe 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: (1) There is displayed, in plain view at all entrances to the property, a sign not less than 17 by 22 inches in size, with lettering not less than one inch in height, prohibiting public parking and indicating that vehicles will be removed at the ovvner'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 "holdlthe start" will be enforced until approval of these plans, followed by a failure to comply fine. Resolution No. 2008-176 Page 10 36. The Applicant shall provide: (I) a race pit indemnification letter that includes all vehicle repair/hazmat/welding 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: (I) 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 occupant 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 fme. 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 Clrief 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 ofthe tent, and followed by a failure to comply fine. i J Resolution No. 2008-176 Page I I 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: (I) 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 ofthe 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: (I) 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 in 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: (I) 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 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. Resolution No. 2008-176 Page 12 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. Eni!ineerini!: 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 desilting basins as necessary for maintenance for storm runoff to be directed to those de silting 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 proj ect 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. Resolution No. 2008-176 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-08-011) 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; Resolution No. 2008-176 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 (lS-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 injury or damage is allegedly caused by Applicant/operator, race participants, vendors, or spectators. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this conditional use permit where indicated, below. Applicant's/operator's compliance with this provision is an express condition ofthis Conditional Use Permit (PCC-08-013) and this provision shall be binding on any and all of Applicant's/operator's successors and assigns. ~ Resolution No. 2008-176 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. I. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the Applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and Applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or Applicant. Failure to return a signed, stamped copy of this recorded document within ten days of recordation to the City Clerk shall indicate the property owners/Applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the City Clerk's Office. ) ~ /.. tt/}11.-tI Signature ofXR Promotions, LLC Applican roperty OwneJ;, . ~/7/0g- Hu.n jey Date L. <2'/7 / !J y Signature of Applicant's Event Representative From Championship Off-Road Racing (CORR) Date J. CONSEQUENCE OF FAILURE OF CONDITlONS 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. - ,---..-.---' Resolution No. 2008-176 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 ~~~ Acting Plarming Director ~\mroM\~~\l Bart C. 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: NAYS: ABSENT: Councilmembers: McCarm, Ramirez, Rindone, and Cox Councilmembers: None Councilmembers: Castaneda f.~o, AL ~ ~A'A Donna R. Norris, MC, Intenm City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do hereby certifY that the foregoing Resolution No. 2008-176 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. ~~ ~ (;J{~ Donna R. Norris, C C, Intenm City Clerk b/</-f.LBZ r A K 2008-/76 fJ" 17 [ ~ I I I I I I Otav landfill I I I I I o I Q,e<J ;; \",0(1;; '1'10;; 0(1 ;; cP ; ;; ; \3 Village 4 . .~~,<~2;0~_~~~.~ -,<,--~'~'->~~, _ ,:>"".:..Camplng''''',<;,', ::,':-1J:::,,-,:<:.::..:;:,--',,:<:,,-, -<,' .... .... ......oie9o .... f son .... hi 0 .. colin" .... ,,"s\O ...... U\d "\....,,,.-..; - - -- fcn .... 0 ci't.s>.. "so~ Oie9 .... ....1 of __- e"J ------------ ., 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 Olay Ranch. NORTH No Scale PCC-08-013 Related cases: 15-08-011 L\Gabe Fiies\locators\pcc080 13.cdr 01.23_08