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HomeMy WebLinkAboutPCC 2006-95 RESOLUTION NO.. PCC-06-095 A RESOLUTION OF THE PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH A RESTAURANT AT 1730 EAST PALOMAR STREET, SUITE 1 OTAY RANCH VILLAGE FIVE - STEVE ABBO. WHEREAS, a duly verified application for a conditional use permit was filed with the , City of Chula Vista Planning and Building Department on June 19, 2006 by Steve Abbo, ("Applicant"); and WHEREAS, the application requests permission for the sale of alcoholic beverages in conjunction with a restaurant located at 1730 East Palomar Stz~eet, Suite 1 within the mixed-use village core of Otay Ranch Village Five; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the i~ proposed project was adequately covered under the Second Iier FEIR-97-03 as certified by the City Council on November 10, 1998 and in previously adopted Otay Ranch Sectional Planning Area (SPA) One and Annexation Final Second Iier Environmental Impact Repart, EIR 95-01; and WHEREAS, the Zoning Administrator held a public hearing on October 23, 2006 and, after receiving testimony fiom the Applicant and residents, referred the Conditional Use Permit to the Planning Commission; and WHEREAS, the Planning Commission set the time and place for a hearing on said conditional use permit and notice of said hearing together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and I WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. on November 29, 2006, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the public hearing with respect to the subject application. j WHEREAS, the Planning Commission of the City of Chula Vista made the following findings, as herein below set forth, and sets forth, there under; the evidentiary basis that permits the stated finding to be made: Planning Commission Resolution PCC-06-095 page 2 f. 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 sale of alcoholic beverages in conjunction with the restaurant will provide a public amenity that is desirable to the immediate neighborhood and community the j restaurant consists of three indoor booths and two indoor tables providing 20 indoor seats, and a 6-seat cocktail lounge, for a total of 26 indoor seats In addition the outdoor patio area provides 11 four-seat tables, and 5 two-seat tables, for a total of 54 seats. the total restaurant seating capacity is for 80 persons. In addition, it will contribute to the commercial viability of the mixed-use commercial residential property at this location, and will not adversely affect the general well being of the neighborhood or the community. the restaurant is centrally located in the heart of the ground level retail Mixed-Use Village Five Commercial District at the corner of Santa Cora Avenue and Fast Palomar Street. It is the focal point tower and pedestrian entry feature in- between the four-story 48-unit residential condominium buildin 1760 East g ( Palomar Street) located above the other ground floor retail to the east and across from the restaurant patio, and the four-story 24-unit residential condominium building (1241 Santa Cora Avenue) I attached behind and above the restaurant, 2.. That such use will not under the circumstances of the particular case be detrimental to the health, safety ox' general welfare oY persons residing or working in the vicinity or injurious to property or improvements in the vicinity. the sale of alcoholic beverages in conjunction with the restaurant is subject to all health, safety and general welfare standards and regulations set forth by the City of Chula Vista. the property owner shall comply with the City's noise ardinance The subject property shall also comply with all conditions of approval as well as Municipal Code Chapter 1'7.24 (noisy and disorderly conduct) standards, so as not to become a nuisance to surrounding property owners. 3.. That the proposed use will comply with the regulations and conditions specified in the code for such use. the approval of PCC-06-095 requires compliance with all conditions, codes and regulations, set forth by the City of Chula Vista 4. That the granting of this Conditional Use Permit will not adversely affect the General Plan of'the Ci or the ado ted tS' p plan of any government agency. Ihis Conditional Use Permit issuance complies with the General Plan, the Zoning Ordinance, the Otay Ranch Sectional Planning Area (SPA) One Plan for Village Five, and the Village Five Core Master Precise Plan Planning Commission Resolution PCC-06-095 Page 3 WHEREAS, the Planning Commission of the City of Chula Vista grants Conditional Use Permit PCC-06-095 subject to the following conditions whereby the applicant and/or property owners shall: I. Prior to the issuance of any permits required by the City of Chula Vista for the use of the subject property in reliance upon this approval, the applicant shall satisfy the following requirements: A the applicant shall implement to the satisfaction of the Director of Planning and Building and the City Engineer all pertinent environmental mitigation measures identified in previously adopted Otay Ranch Sectional Planning Area (SPA) One and Annexation Final Second-Pier E.nvirorunental Impact Report (EIR) 95-01 B Building Permits shall be required for any structural, electrical, mechanical, and phunbing alterations.. Building plans shall comply with 2005 Handicapped Accessibility, Energy Requirements, and the 2001 CBC, CMC, CPC, and CEC requirements. H.. Prior to use or occupancy of the property in reliance on this approval, the following I requirements shall be met: A Comply with any Fire Department requirements resulting from a site inspection fora business license, i B, the site shall be developed and maintained in accordance with the approved plans, on file I in the Planning Division; the conditions contained herein, Iitle 19, and the Otay Ranch Sectional Planning Area (SPA) Plan One fox Villages One and Five C. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Planning Director IILThe following on-going conditions shall apply to the subject property as long as it relies upon this approval: A The sales, service and consumption of alcoholic beverages shall be permitted between the hours of 11:00 a m to 12:00 midnight Sunday through Thursday, and 11:00 a.m to 1:00 a,m Friday and Saturday I B Ihis Conditional Use Permit shall be subject to review six months after the date of approval at a noticed public hearing conducted by the Planning Commission. At the review hearing, Conditions of Approval may be revised ox modified, or additional conditions may be added. C the licensee shall at all times maintain records which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business Said records shall be kept no less frequently than on a quarterly basis and shall be made available to Planning Commission Resolution PCC-06-095 Page 4 the Alcohol Beverage Commission (ABC), the Police Department and/or the Planning ; and Building Department on demand. D, Ihere shall be no live entertainment such as dancing, topless entertainment, male or female performers ox fashion shows on the premises, Live entertainment such as live music, disc jockey, karaoke may be provided in the interior of the premises but shall not be audible outside the premises. No live entertainment shall be allowed after 9:00 PM unless approved by the Planning Director. E. Approval of this request shall not waive compliance with all sections of Iitle 19 of the Municipal Code, and all other applicable City Ordinances in effect at the time of the issuance of the conditional use permit.. F Ihis Conditional Use Permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall im ose after advance p i written notice to the Applicant and after the City has given to the Applicant the right to ~ be heard with regard thereto, However, the City, in exercising this reserved tight/condition, may not impose a substantial expense or deprive Applicant of a substantial revenue source which the Applicant cannot, in the normal operation of the use I permitted, be expected to economically recover.. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the Applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and Applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or Applicant, and a signed, stamped copy of this recorded document shall be returned within ten days of recordation to the Planning and Building Department secretary. Failure to return said document to the Planning and Building Department secretary shall indicate the property owners/Applicant's desire that the project, and the corresponding application fora Conditional Use Permit, be held in abeyance without approval Said document will also be on file in the Planning and Building Department office and known as Document No Signature of Applicant and/ox Authorized Representative Date Signature of Property Owner, 1730 East Palomar St, Ste 1 Date Planning Commission Resolution PCC-06-095 Page 5 INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Planning Commission that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision, and condition herein stated; and that in the event that any one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforoeable, this resolution and the permit shall be deemed to be automatically revoked and of no finther force and effect NOW, THEREFORE, BE IT RESOLVED THAT, fiom the facts presented to the Planning Commission, the Commission has determined that the approval of a conditional use permit is consistent with the City of Chula Vista General Plan and the Otay Ranch General Development Plan, as well as the Zoning Code, and all other applicable plans so that the public necessity, convenience, general welfare and good planning practice support the approval, BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION approves this Resolution granting the conditional use permit in accordance with the findings and conditions contained herein and that a copy of this Resolution be transmitted to the owners of the property and the City Council, I PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 29`" day ofNovember, 2006 by the following vote, to-wit: AYES: Felber. Vinson, Clayton, Moctezuma, Bensoussan, Spethman NOES: ABSENT: Tripp ABSTENTIONS: Bryan Felber, Chair I AIIESI: Diana Vargas, Secr~ ary J:\PC ANNtNG\HAROLD\RESOL u no~s\PCC-06-095-PCResO,noc