HomeMy WebLinkAboutPCC 2009-51 RESOLUTIf)N NO. PCC 09-051
RESOLUIION OF THE PLANNING COMMISSION OF CHULA VISIA
APPROVING A CONDITIONAL. USE, PERMII IO PERMII IHE SALE, AND
ONSIIE CONSUMPIION OF ALCOHOL ASSOCIATED WIIH A SII DOWN
RESIAURANI LOCAIED WIIHIN THE WINDINGWALKMARKE;IPLACE
AT 2110 BIRCH ROAD, SUIIES 101 & 102 - ACHIOIE RESIAURANI
WHEREAS, on May 19, 2009 a duly verified application for a Conditional Use Permit was
filed with the City of Chula V"ista Planning and Building Department by Achiote LLC ("Applicant");
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WHEREAS, the Windingwalk Marketplace Shopping Center is located at 2110 Birch Road,
on the southeast corner of Eastlake Parkway and Birch Road within the Otay Ranch Windingwalk
Village 11 Planned Community; and
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WHEREAS, the Otay Ranch Windingwalk Village 11 Planned Community District
Regulations require restaurants with sale and onsite consumption of alcohol obtain approval of a
Conditional Use Permit; and
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WHEREAS, said application requests approval of a Conditional Use Permit to allow the
sales and consumption of alcohol associated with a 3,919-sq. ft sit down restaurant with an
approximately 600-sq. ft outdoor patio ("Project"); and
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WHEREAS, the area of land which is the subject matter of this Resolution is
diagrammatically represented in Exhibit "A," showing the location of the attached outdoor patio
dining area and the indoor restaurant as the Suites 101 & 102 portion of Building No, 8 within the
Windingwalk Marketplace; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act and has determined that the proposed
project was adequately covered in previously adopted Final Second Iier EIR (EIR-O1-02), for the
Otay Ranch General Development Plan Amendments/Village 11 Sectional Planning Area Plan, and
Ientative Map.. Thus, no further environmental review or documentation is necessary; and
WHEREAS, the Planning & Building Director set the time and place for a hearing on said
Conditional Use Permit application and notice of'said heaving, together with its purpose, was given
by its publication in a newspaper of general circulation in the City, and its mailing to property
owner s and residents within 500 feet of the exterior boundaries of the property at least 10 days prior
to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely June 10, 2009
at 6:00 p,m, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said
hearing was thereafter closed; and
Resolution No PCC-09-051 Page 2
WHEREAS, the Planning Commission considered all reports, evidence, and testimony ;
presented at the public heating with respect to the subject application.
NOW, IHEREFORE, BE II RESOLVED that the Planning Commission hereby finds as
follows:
1. That the proposed use at this location is necessary or desirable to provide a service or
facility which will contribute to the general well being of the neighborhood or the
community.
The proposal will provide a public amenity that is desirable to the immediate neighborhoods
and will contribute to the commercial viability of the mixed-use property at this location
The proposed sit down restaurant is located within a major mixed-use project with neatly
104,000 square feet of retail, commercial and restaurant uses, The Project would provide a
pedestrian-oriented dining opportunity to residents of Windingwalk Village 11 in Otay
Ranch, as well as commuters to the Otay Ranch Iown Center across the street traveling
along Birch Road and Eastlake Parkway coming from the SR-125 tollway, the incidental
alcohol sales will provide customary service typically offered by sit down restaurants.
2. That such use will not, under the circumstances of the particular case, be detrimental to
the health, safety, or general welfare of persons residing or working in the vicinity or'
injurious to property or improvements in the vicinity.
The conditional use permit allows for on-site consumption of alcohol and limits the hours of
alcohol sales for the outdoor patio, Alcohol sales will be served indoors and outdoors but
will prohibit serving and consuming alcohol in the outdoor patio area after 10:00 p m.
Sundays through Thursdays and 12:00 a m. Fridays and Saturdays.. The restaurant's hours of
operation are from 8:00 a m. to 1:00 a m Monday through Sunday (7 days a week).,
the restaurant is located within an upscale commercial center designed for this and other
complimentary food and retail uses. the restaurant is consistent with the types of uses that
would be found within a commercial center, such as the adjacent Otay Ranch Iown Center.
The sit down restaurant with incidental alcohol sales provides a desirable service to the
existing business community and nearby residents.,
the applicant is also required to obtain a liquor license from the California Department of
Alcoholic Beverage Control (ABC) for the sales of alcohoh Achiote Restaurant would also
provide an alcohol awareness training program to train managers and employees regarding
local and state liquor regulations, as well as how to handle any issues before they arise.
the attached outdoor patio will incorporate a low wall or railing to control access in and out
of the area where alcohol is served. In addition, physical design features shall be
implemented to provide noise attenuation of the outdoor patio low wall or railing to reduce
or eliminate noise emitted from the attached outdoor patio. Any amplifying system inside the
premises or on the patio shall not be audible outside of the ABC liquor license designated
alcohol service areas.. Live entertainment is prohibited in the attached outdoor patio area, and
Resolution No. PCC-09-051 Page 3
no hosting of live music, dancing or entertainment will be permitted without written
permission of the Police Department. Further; the Police Depaztment reserves the right to
impose additional security conditions as part of any music, dance, or live entertainment
special event permit request, Therefore, the use will not be detrimental to persons residing or
working in the vicinity or injurious to property or improvements in the vicinity.
3. That the use will comply with the regulations and conditions specified in the code for
such use.
the use shall remain in compliance with the regulations of the Municipal Code and the
conditions listed below. If the applicant or its successors in interest fail to comply with the
conditions or the Municipal Code, this Conditional Use Permit may be subject to
modification or revocation. The conditions herein imposed on this Conditional Use Permit
are approximately proportional, both in nahue and extent, to the impact created by the
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proposed development,
4. That the granting of the Conditional Use Permit will not adversely affect the General
Plan of the City or the adopted plan of any governmental agency.
The General Plan designates the site as Mixed Use Residential (MUR), The Conditional Use
Permit is for a Restaurant that includes the incidental sale of alcoholic beverages for onsite
consumption and is considered consistent with Commercial Retail land use.. The proposed 'i
restaurant use is consistent with the General Plan -land use element, the Otay Ranch
Windingwalk Village 11 SPA Plan and Otay Ranch Village 11 PC District Regulations.
BE I I FURTHER RESOLVED that the Planning Commission based on the Findings above,
hereby grants approval of the Conditional Use Permit subject to the following conditions:
A. the following shall be accomplished to the satisfaction of the Deputy City Manager/Director of ~I~
Development Services or his designee, prior to the issuance of any permits to sell alcoholic
beverages, unless otherwise specified:
1 the applicant shall obtain a liquor license from the State ABC prior to issuance of a business
license to sell alcohol.
2 the applicant shall comply with the State Liquor Laws and City Ordinances, and all
conditions required by the Chula Vista Police Department and the State ABC pertaining to
the sale and consumption of alcoholic beverages.
3 This permit allows for the incidental sales, service and consumption of beer and wine
alcoholic beverages in conjunction with a restaurant, where food sales are expected to exceed
the sale of alcoholic beverages per the ABC liquor license and land use designation
requested. Any request to modify the ABC license to allow for liquor sales in addition to
beer and wine sales would also require a revision to this permit for a change of use to a
cocktail lounge, bar; ar nightclub including any associated live entertainment,
Resolution No. PCC-09-051 Page 4
4, F or the indoor sit down restaurant, the sales, service and consumption of alcoholic beverages
shall be permitted during the normal hours of operation Monday through Sunday (7 days a
week) 8:00 a,m. and 1:00 a.m.
5 For the attached outdoor patio, the normal hours of operation Monday through Sunday ('7
days a week) 8:00 a m and 1:00 a.m. shall apply except that the sales, service and
consumption of alcoholic beverages shall be permitted only between the hour s of 8:00 a m
and 10:00 p.m Sunday through Ihursday; and 8:00 a„m, and 12:00 a m, Fridays and
Saturdays.
6 It will be the duty and responsibility of all restaurant owners, managers, and employees to
prevent underage patrons from obtaining alcoholic beverages by closely monitoring clientele
and intervening whenever necessary.. {
7, Restaurant management or designees shall remove and bar from re-entry any patron involved
in providing, furnishing, or passing alcoholic beverages to any individual inside the facility
who is under 21 years of age. In addition, restaurant management or designees shall remove ~
and bar from re-entry any individual who is under 21 years of age who possesses and/or
consumes alcohol inside the restaurant or outdoor patio.
8, the Applicant shall incorporate a low wall or railing at the outdoor patio area to control
access in and out of the ABC alcohol service area. In addition, in order to provide
compliance with the Noise Ordinance (Chapter 19..68) the Applicant shall provide physical j
design features such as plastic shades, plexiglass, and/or similar screening technique on top
of the outdoor patio's low wall or railing system to farther reduce noise into and from the
outdoor patio area., Ihis area will be the designated ABC alcohol service area for the outdoor
patio only. Any noise will not be audible outside of this ABC designated alcohol service
area a distance of 50-ft from the attached outdoor patio.
9. Loitering is prohibited on or around the premises per the municipal code. the restaurant
shall police the area under their control in an effort to prevent loitering.
10, Signs must be posted at all exits, including exits on the patio, advising customers that open
containers of alcohol are prohibited outside of the ABC established services areas
11, All servers/managers/owner s shall attend Licensee Education on Alcohol and Drugs (LEAD)
program training provided by the State Department of Alcohol and Beverage Control (ABC).
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12 the Applicant shall implement the security recommendation ofthe Crime Prevention Unit of
the Chula Vista Police Department, including access control, surveillance, and police
response, and ongoing training of management and employees in security procedures and
crime prevention, Implementation of these recommendations shall coincide with the
commencement of operations..
Resolution No. PCC-09-051 Page 5
13, Ihere shall be no public dance conducted at the premises without a license as required by
Chula Vista Municipal Code Section 5.26, Any licenses or special permits issued must be
kept at the premises and be presented to ABC or City officials upon request.
14 The Police Department reserves the right to impose additional security conditions as part of
any dance, live entertainment, or special event permit approval process.
15 Ihis Conditional Use Permit for the incidental sale and onsite consumption of alcohol shall
be applied to Achiote Restaurant or similar food establishments at this location.. In the event
that a different type of food establishment is proposed where the sale and onsite consumption
of alcohol is not an incidental use, an amendment to this Conditional Use Permit or a new
Conditional Use Permit shall be required,
16 the Applicant shall comply with all City ordinances, standards, and policies except as
otherwise provided in this Resolution. Any violation of City ordinances, standards, and
policies, or any condition of approval of this Conditional Use Permit, or any provision ofthe
Municipal Code, as determined by the Director of Planning & Building shall be grounds for
revocation or modification of this Conditional Use Permit by the City of Chula Vista
17 Ihis permit shall be subject to any and all new, modified or deleted conditions imposed after
approval of this resolution to advance a legitimate governmental interest related to health,
safety or welfare which the City shall impose after advance written notice to the grantee and
after the City has given to the grantee the right to be heard with regard thereto, However; the
City, in exercising this reserved right/condition, may not impose a substantial expense or j
deprive Permittee of a substantial revenue source which the Permittee cannot, in the normal
operation of the use permitted, be expected to economically recover..
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18 The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold
harmless City, its City Council members, officers, employees and representatives, from and I
against any and all liabilities, losses, damages, demands, claims and costs, including court
costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or
indirectly, from (a) City's approval and issuance of this Conditional Use Permit and (b)
City's approval ar issuance of any other permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated on the project site., the Property
Owner and Applicant acknowledge their agreement to this provision by executing a copy of
this Conditional Use Permit where indicated below. The Property Owner and Applicant's
compliance with this provision shall be binding on any and all of the Property Owner's and
Applicant's successors and assigns.
19 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 returned to
the Planning Department. Failure to return a signed copy and stamped copy of this recorded
document within thirty days of recordation to the Planning and Building Department shall
indicate the property Owner's/Applicant's desire that the Project be held in abeyance without
approval
Resolution No PCC-09-051 Page 6
20 Ihis Conditional Use Permit shall become void and ineffective if not utilized within one year
from the effective date thereof, in accordance with Section 19.14..260 of the Municipal Code.
Failure to comply with any conditions of approval shall cause this permit to be reviewed by
the City for additional conditions or revocation.
II GOVERNMENI CODE SECIION 66020 NOTICE
Pursuant to Government Code Section 66020(d)(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 j
protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning,
grading, or other similar application processing fees or service fees in connection with this project;
and it does not apply to any fees, dedication, reservations, or other exactions which have been given
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notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations j
has previously expired,
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III. EXECUTION AND RECORDAIION OF RESOLUIION 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, under stood,
and agreed to the conditions contained herein. Upon execution, this document shall be recorded with II
the County Clerk of the County of San Diego, at the sole expense of the property owner and/or I
applicant, and a signed, stamped copy of this recorded document shall be returned within ten days of
recordation to the Agency's secretary,
Failure to return said document to the Agency's secretary 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 Agency's office and known as document No. PCC-09-051.
ig e of ro . erty Ow r Print Name ifuTi+to~ri~3 AlE~15" Date
FuL lUnctDiaRGu~r~c~c ,OGC,[,r,~~~,g4L Gc~
Signature' f Re ' ntative Print Name Date
Resolution No PCC-09-051 Page 7
IV. INVALIDIIY; AUIOMAIIC 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, ar' 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
NOW, IHEREF ORE, BE II FURTHER RESOLVED that the Planning Commission does
hereby approve Conditional Use Permit PCC-09-051 in accordance with the findings and subject to
the conditions contained in this Resolution
PASSED AND APPROVED BY THE PLANNING COMMISSION of Chula Vista,
California, this 10th day of June 2009, by the following vote, to-wit:
AYES: Spethman, Moctezuma, Clayton, Tripp, Vinson, Felber.
NOES:
ABSTAIN:
ABSENI: Thompson
Presented by: Approved as to form by:
/ (///J/J/h j
~iaxy alber , P, IC1 ~~.LBart
Deputy Ci Manager/Development Services Director ~ Crty orney
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ATTESI:
x~~~.~-------___
Diana Vargas, Secret William C, Tripp, Chairp so
D~# 20~~9-~~1984~
II~~ ~ ~ ~ ~ I ~ ~I ~ ~I I~ ~ I ~I I I I I ~ ~f0
Recording requested JUN 12, 2DC19 $:47 AM
bY~ OFFICIAL RECORDS
City of'Chula Vista SAN DIEGD COUNTY RECORDER'S OFFICE
DAVID L 6UTLER, CGUMTY RECOFDER
After recording FEES: 000
return to: ? PAGES: 8
City Clerk's Office
Cityof'ChulaVista ~ IIIIIIII~I~IIIIIIIIIIIIIIII~~IIIIIIIIIIIIIIIIII~IIIIIIIIIIIIIII~IIII'IIIIIIIII'I
276 Fourth Avenue
Chula Vista, CA 91910 1
Attn: E Briggs ~V
This space forRecor~der's use only
Resolution No. PCC 09-051
Dornment Title
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