HomeMy WebLinkAboutReso 1999-19452 RESOLUTION NO. 19452
RESOLUTION QF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, MODIFYING CONDITIONAL USE PERMIT PCC-95-47M,
TO ALTER HOURS AND ADD LOCATIONS FOR THE PROVISION
OF ALCOHOLIC BEVERAGES AT COORS AMPHITHEATER.
I. RECITAL
A. Project Site
WHEREAS, the property which is for purpose of general description herein consists of
72.5 acres of land located at the southwest quadrant of Otay Valley Road and Otay Rio Road
("Project Site"); and
B. Project Applicant
WHEREAS, A conditional use permit for the Coors Amphitheater was approved on
November 7, 1995; and on December 24, 1998, a duly verified application to modify the
conditional use permit was filed with the Chula Vista Planning Department by Ogden
Entertainment, Inc. ("Applicant"), exclusive concessionaire for the Coors Amphitheater; and
C. Project Description; Modification of Conditional Use Permit (PCC-95-47M);
WHEREAS, Applicant requests permission to alter the hours and add locations for the
provision of alcoholic beverages at Coors Amphitheater; and
WHEREAS, the Environmental Review Coordinator has concluded that the modification
~s a Class 5 Categorical Exemption from environmental review pursuant to the California
Environmental Quality Act; and
D. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on March 31,
1999, that was continued to April 14, 1999; and
WHEREAS, the Planning Commission voted 4 - 3 to recommend that the City Council
approve the modification of Conditional Use Permit PCC-95-47M in accordance with Planning
Commission Resolution PCC-95-47M and subject to the findings and conditions of the City
Council Resolution; and
E. City Council Record of Application
WHEREAS, a duly called and noticed public hearing on the modification was held before
the City Council on May 11, 1999, to receive the recommendation of the Planning
Commission, and to hear public testimony with regard to same; and
WHEREAS, at said public hearings the City Council evaluated the Conditional Use
Permit application and public testimony for the modification.
Resolution 19452
Page 2
NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine
and resolve as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence on the modification introduced before the Planning
Commission at their public hearing on this project held on March 31'~ and April 14th
1999, and the minutes and resolution resulting therefrom, are hereby incorporated into
the record of this proceeding.
Ill. CONDITIONAL USE PERMIT FINDINGS
The City Council of the City of Chula Vista does hereby make findings of approval to
modify the alcohol provisions for (1) general hours in the amphitheater, (2) the VIP lounge, and
(3) the interior private beer gardens, as required by the City's rules and regulations for the
issuance of conditional use permits, as hereinbelow set forth, and sets forth, thereunder, the
evidentiary basis that permits the stated findings to be made.
A. That the proposed uses at the 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 proposal to suspend the provision of alcoholic beverages one hour prior to concert
end times will eliminate the possible confusion caused by referencing the headline act, and
simplify the enforcement of regulations. The private interior beer gardens will be limited
to providing alcoholic beverages three hours before concert events begin. The provision
of alcoholic beverages one-hour after concert events in the VIP (Silver Bullet) Lounge will
encourage those patrons to remain after concert events. The VIP Lounge must then
remain open an additional one hour and continue to provide a full service menu of food
and soft drinks to the satisfaction of the City Council.
B. That such uses will not under the circumstances of the particular case, be detrimental
to the health safety or general welfare of persons residing or working in the vicinity or
injurious to property or improvements in the vicinity.
The proposed modifications will not have negative impacts in that alcoholic beverage
provisions will be suspended one hour before concerts scheduled to end before 10 p.m.
Sunday through Thursday, or 10:30 p.m. Fridays and Saturdays. No alcoholic
beverages will be provided after 10 p.m. Sunday through Thursday, 10:30 p.m. Fridays
and Saturdays. The exception is the VIP (Silver Bullet) Lounge, which must remain
open another hour after alcohol provisions are suspended, consistent with the intent
of terminating all alcoholic beverage provisions one hour before patrons are encouraged
to leave the premises. The VIP Lounge will be monitored by off-duty police and/or
"832" trained security. The security provisions may be enhanced or reduced to the
satisfaction of the Police Chief.
C. That the I~roposed use will comply with the regulations and conditions specified in the
code for such use.
Resolution 19452
Page 3
Conditional Use Permit PCC-95~47M is conditioned to require the permittee and
property owner to fulfill conditions and to comply with all the applicable regulations
and standards specified in the Municipal Code for such use.
D. That the granting of this conditional use permit will not adversely affect the General
Plan of the City or the adopted plan of any government agency.
The granting of PCC-95-47M will not adversely affect the Chula Vista General Plan nor
the plans or policies of neighboring jurisdictions in that: 1) Said modification will
comply with all applical~le standards as required in the original conditional use permit;
2) surrounding land uses are compatible with the proposed modification; and 3) said
proposal also conforms with the General Plan in that this conditional use permit has
been properly executed and duly adopted.
IV. CONDITIONAL USE PERMIT FINDINGS FOR DENIAL
The City Council of the City of Chula Vista does hereby make findings for denial for the
pre-concert exterior beer garden, as required by the City's rules and regulations as part of this
conditional use permit, as hereinbelow set forth, and sets forth, thereunder, the evidentiary
basis that permits the stated findings to be made.
A. That the proposed use at the location is not necessary or desirable to provide a service
or facility contributing to the general well being of the neighborhood or the community.
The proposal to add an exterior beer garden furnishing alcoholic beverages three hours
before concert events would adversely affect the general well being of the
neighborhood and community. The provision of alcoholic beverages before concerts
and adjacent to the public parking ~ots where tailgating with alcoholic beverages is
prohibited would be inconsistent with the municipal code.
B. That such use would under the circumstances of the particular case, be detrimental
to the health safety or general welfare of persons residing or working in the vicinity or
injurious to property or improvements in the vicinity.
The proposed pre-concert exterior beer garden would have a negative impact in that
the proposal would have added three additional hours of alcoholic beverage
consumption availability before concerts in addition to the amount of time available for
patrons to consume alcohol inside the amphitheater during concerts. The proposed
pre-concert exterior beer garden would have Dosed significant additional health and
safety concerns, and would have required additional security, such as on and off-duty
police.
C. That the proposed use will not comply with the regulations and conditions specified in
the code for such use.
Conditional Use Permit PCC-95-47M for the pre-concert exterior beer garden would
require the permittee and property owner to fulfill conditions that could not comply
with all the applicable regulations and standards specified in the Municipal Code for
such use.
Resolution 19452
Page 4
D. That the granting of the provision for a pre-concert exterior beer garden as part of the
conditional use I~ermit would adversely affect the General Plan of the City or the
adopted plan of any government agency.
The granting of PCC-95-47M for a pre-concert exterior beer garden would adversely
affect the Chula Vista General Plan and the plans or policies of neighboring jurisdictions
in that: 1 ) Said modification could not comply with all applicable standards as required
in the original conditional use permit; 2) surrounding land uses are not compatible with
the proposed modification; and 3) said proposal would not conform with the General
Plan.
V. TERMS OF GRANT OF PERMIT
The following conditions shall amend and restate in its entirety Condition VII-M of
Resolution 18059, which pertains to the furnishing of alcoholic beverages at the Coors
Amphitheater:
M. Alcoholic Beverages
General Provisions:
M-1. The furnishing of alcoholic beverages shall be suspended one hour prior to
concert performances scheduled to end before 10:00 p.m. Sundays through
Thursday and 10:30 p.m. Fridays and Saturdays. Otherwise, the furnishing of
alcoholic beverages shall be suspended at 10:00 p.m. Sundays through
Thursday and 10:30 p.m. on Fridays and Saturdays. No more than two
alcoholic drinks shall be provided to any one adult in a single transaction.
The VIP (Silver Bullet) Lounqe:
M-2 The VIP Lounge, or "Silver Bullet Lounge," may provide alcoholic beverages for
up to one hour after the end of concert events; however, the VIP Lounge must
remain open one additional hour after the furnishing of alcoholic beverages are
suspended to provide full service menu of food and non-alcoholic beverages to
patrons. The menu of food items may be subject to further review by the City
Council.
M-3 The VIP Lounge shall be restricted to persons age 21 and over, unless
accompanied by a parent or ~egal guardian. In addition, no person may leave
the VIP Lounge with an alcoholic beverage after the furnishing of alcoholic
beverages are suspended pursuant to M-1. Two off-duty police officers or one
off-duty police officer and one staff-pro "832" shall monitor access and
activity. These security provisions may be enhanced or reduced to the
satisfaction of the Police Chief. The concessionaire and/or the amphitheater
operator shall compensate all security staffing in accordance with the
agreement to be provided with the approval of this permit.
· ~T'
Resolution 19452
Page 5
Interior Beer Garden:
M-4 Temporary or promotional private party beer gardens may be erected when
located inside the walls/gates of the amphitheater. Interior beer gardens are
restricted to use by private party groups or special invitation gatherings pre-
approved by the concessionaire and/or the amphitheater operator. These
interior beer gardens may open up to three hours before a concert event, or two
hours before the gates open, but shall suspend operations when concert
performances begin
M-5 A police report shall be provided to the Planning Commission regarding the
hours of operation and any adverse effects related to the interior beer gardens
within three months of the approval of this permit. If any adverse effects are
noted, the Planning Commission may reduce the hours or revoke the provision
for interior private beer gardens
VI. General Conditions:
A. Except as expressly modified here/n, all other terms and conditions of the original
conditional use permit shall remain in full force and effect. All modifications to the
original conditional use permit are contingent upon the applicant obtaining all
appropriate licenses and permits.
B. The effectiveness of this modified conditional use permit is contingent upon
applicant entering into an agreement with the City, in a form approved by the City
Attorney, whereby the Applicant shall agree to:
1) Indemnify and hold the City harmless from and against any and all
damages, liabilities, claims and cost arising directly or indirectly from
Applicant or third party conduct at or around the facility in connection with
Applicant sponsored events; and
2) Name the City as an additional insured on any policies of insurance
intended to insure Applicant against such damages, liabilities, claims, and
COSTS.
VI. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The property owner and the applicants shall execute this document by signing the lines
provided, said execution indicating that the property owner and applicant have each read,
understand and agree 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 of expense of the
property owner and/or applicants, and a signed, stamped copy returned to the Planning
Department. Failure to return a signed and stamped copy of this recorded document within thirty
days or recordat/on to the Planning Department shall indicate the property owner's/applicants'
desire that the project, and the corresponding application for building permits and/or a business
license, be held in abeyance without approval.
Resolution 19452
Page 6
LOS ALISOS COMPANY
Signature of Representative Date
Coors Amphitheater
Sign u entative Date
O Ente~ainment, Inc.
VII. 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 any one or more terms, provisions or conditions are determined by a Court of
competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall
be deemed to be automatically revoked and of no further force and effect ab initio.
Presented by Approved as to form by
Robert A Leiter
Planning Director i
Resolution 19452
Page 7
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 11th day of May, 1999, by the following vote:
AYES: Councilmembers: Davis, Moot, Padilia, Salas and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
ATTEST:
~z-<f# ~t.~ ~ P
Susan Bigelow, ~i
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, Californi'a, do hereby certify that the foregoing
Resolution No. 19452 was duly passed, approved. and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 4th day of May, 1999.
Executed this 11th day of May, 1999.
Susan Bigelow, City Clerk