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HomeMy WebLinkAboutReso 1996-18381 RESOLUTION NO. 18381 A RESOLUTION OFTHE CITY COUNCIL OFTHE CITY OF CHULA VISTAADOPTING MITIGATED NEGATIVE DECLARATION IS-96- 21 AND RELATED DOCUMENTS, AND GRANTING A CONDITIONAL USE PERMIT, PCC-96-40, ALLOWING THE CONSTRUCTION AND OPERATION OF A RECREATIONAL WATER PARK ON APPROXIMATELY 32.4 ACRES OF LAND IN THE OTAY RIO BUSINESS PARK, PHASE II, WEST OF CASTLE PINES AVENUE IN THE LIMITED INDUSTRIAL (IL-P) ZONE I. RECITALS A. Project Site WHEREAS, the parcel which is the subject matter of this resolution is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, and commonly known as the Otay Rio Business Park, Phase II, and for the purpose of general description herein, the Project consists of approximately 32.4 acres of land in what has commonly been known as the Otay Rio Business Park, Phase II, located west of Castle Pines Avenue ("Project Site"); and B. Project Applicant WHEREAS, on May 16, 1996 a duly verified application for a conditional use permit (PCC-96-40) with respect to the Project Site was filed with the City of Chula Vista Planning Department by Hice Enterprises, Inc. ("Applicant"); and C. Project Description; Application for Conditional Use Permit WHEREAS, Applicant requests permission to construct and operate a recreational water park ("Project") on the Project Site; and D. Environmental Determination WHEREAS, in accordance with the requirements of CEQA, the Environmental Review Coordinator determined that the Project requires preparation of an Initial Study, such study (IS-96-21) was prepared, and based on such study a Mitigated Negative Declaration was prepared and circulated for public review; and E. Resource Conservation Commission Record on Application WHEREAS, the Resource Conservation Commission considered the Mitigated Negative Declaration based on IS-96-21 on June 24, 1996 and voted 6-0 to recommend its adoption; and F~ Planning Commission Record on Conditional Use Permit and Initial Study Applications WHEREAS, the Planning Commission held an advertised public hearing on the Project on July 1 O, 1996 and voted 5-0 to recommend that the City Council adopt Mitigated Negative Declaration IS-96-21 and the Mitigation Monitoring and Reporting Program prepared in connection therewith, and approve Resolution 18381 Page 2 Conditional Use Permit PCC-96-40 for the Project in accordance with Planning Commission Resolution PCCo96-40; and G. City Council Record of Application WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista July 23, 1996 to receive the recommendation of the Planning Commission, and to hear public testimony with regard to same, 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 Project introduced before the Planning Commission at their public hearing on this project held on July 10, 1996 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. Ill. ENVIRONMENTAL DETERMINATION The Environmental Review Coordinator has concluded that the Project is subject to the California Environmental Quality Act ("CEQA"), thus requiring the preparation of Initial Study IS-96-21, adoption of a Mitigated Negative Declaration issued for IS-96-21, and the adoption of the Mitigation Monitoring and Reporting Program prepared in connection therewith. IV. COMPLIANCE WITH CEQA In accordance with the requirements of CEQA, the City Council hereby adopts the Mitigated Negative Declaration issued on IS-96-21, and the Mitigation Monitoring and Reporting Program prepared in connection therewith. V. 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 hereinbelow set forth, and sets forth, thereunder, the evidentiary basis, in addition to all other evidence in the record, that permits the stated findings to be made. A. That the proposed use 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 proposed Project is desirable in that it will provide a recreational facility not otherwise easily accessible to residents of Chula Vista. B. 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 Project use will not 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 based upon the evidence in IS-96-21 and as conditioned hereunder. The Project use is consistent with surrounding land uses, and adequate infrastructure is in Resolution 18381 Page 3 place. The operation of the Project will be such that traffic going to or coming from the Project Site will be spread throughout the day and coordinated with surrounding land uses pursuant to a required Traffic Management Plan; thus the Project will not cause congested roadways. C. That the proposed use will comply with the regulations and conditions specified in the code for such use, Conditional Use Permit PCC-96-40 is conditioned to require the Applicant to fulfill conditions and to comply with all the applicable regulations and standards specified in the Municipal Code for Unclaasified Uses, including but not limited to, ~ 19.54.020.J.2 and 19.58.040.D. Further, this conditional use permit has been properly executed and duly adopted pursuant to Title 19 of the Municipal Code for Unclassified Uses. The conditioning of PCC-96-40 is approximately proportional both in nature and extent to the impact created by the proposed Project in that the conditions imposed are directly related to and are of a nature and scope related to the size and impact of the project. 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 Project conforms to all elements of the General Plan and other adopted plans .., affecting the Project Site and therefore will not have an adverse impact thereon. Furthermore, the Project is proposed to be operated on a site already partially developed, with easy access to public facilities (water, sewer, public roadways etc.). VI. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-96-40 subject to the following conditions whereby the Applicant shall: A. Develop and operate the Project pursuant to the application submitted therefor, unless otherwise modified by this approval, and consistent with the Project description set forth in IS-96-21. B. Process to completion Tentative Parcel Map No. 96-11, and comply with all conditions of approval related thereto or as related to any final map deriving from the processing of TPM-96-11. This Conditional Use Permit, PCC-96-40, shall not become effective until such time as TPM-96-11 or any final map related thereto is duly approved, recorded and implemented, to the satisfaction of the City Engineer and the Director of Planning. C. Prior to issuance of any building permit, submit a landscape plan which meets the requirement of the Landscape Manual for review and approval of the Director of Planning. Said landscape plan shall show enhanced landscaping, to the reasonable satisfaction of the City's Parks and Recreation Director along the interface with the open space area to the south. D. Provide a Water Management Plan per City of Chula Vista Landscape Manual ~' requirements, to the satisfaction of the Director of Planning. E. Comply with, remain in compliance with and implement all conditions resulting from submittal of the Design Review application (DRC-96-41). Such conditions are incorporated herein by this reference. Resolution 18381 Page 4 I=. Comply with, remain in compliance with and implement all mitigation measures resulting from submittal of the Negative Declaration issued on Initial Study IS- 96-21 and the Mitigation Monitoring and Reporting Program related thereto. Such measures are incorporated herein by this reference. G. Enter into and comply with the terms of a reciprocal parking agreement with the owner/operator of the MCA Amphitheater, subject to review and approval by the Director of Planing and the City Attorney. Said reciprocal parking agreement shall include Kobey's Swap Meet as a co-signer and the City of Chula Vista as a third party beneficiary with enforcement rights. All costs associated with implementation of this condition shall be paid by the Applicant. All costs associated with implementation of this condition shall be paid by the Applicant. H. Prior to opening for ol~erations, schedule a security survey with the Chula Vista Police Department, Crime Prevention Unit, and implement the suggestions of said survey in order to enhance security, Notwithstanding the implementation of the security survey, in the event crime and/or security becomes a problem, as indicated by increased crime reports filed with the Chula Vista Police Department related to the Project, Applicant shall retain, at Applicant's expense, a company who shall prepare a crime reduction/security provision report for the operation of the Project, to the satisfaction of the Chief of Police. Said report shall address issues specified by the Chief of Police, and shall include recommendations to enhance security and reduce crime. Said recommendations shall be implemented to the satisfaction of the Zoning Administrator and the Chief of Police. All costs associated with implementation of this condition shall be paid by the Applicant. h Comply with and implement all requirements of the Fire Marshal as related to conforming with the Uniform Fire Code and applicable Municipal Code requirements. J. Comply with and implement all requirements of the Director of the Building and Housing Department as related to conforming with the Uniform Building Code. K. Comply with and implement all provisions related to Title 24 (Part II), Disabled Access, to the satisfaction of the Director of Building and Housing, L. Prior to opening for operations, pay all applicable fees to the Chula Vista Elementary School District and Sweetwater Union High School District, or participate in alternative financing mechanisms, to the satisfaction of each respective school district. M. In consultation with the operators of the MCA Amphitheater, become a party to the Traffic Management Plan required pursuant to the approval of Conditional Use Permit PCC-95-47 and as required in the Mitigated Negative Declaration issued for IS-96-21, and vacate the Project Site early enough before all amphitheater events so as not to cause conflicts in traffic movements or inadequate parking capacity in accordance with the Traffic Management Plan. All costs associated with implementation of this condition shall be paid by the Applicant. N. Enter into and comply with the terms of an Agreement with the City regarding the terms for development of the Project as approved. Said Development Agreement shall include, without limitation, provisions for sharing of Project revenues and developer indemnification of the City for Project operations. Resolution 18381 Page 5 O. Pay all outstanding City assessments with respect to the Project Site upon acquisition thereof. P. Applicant/operator acknowledges that this Conditional Use Permit is being issued on the condition that: (1) the Project will be open to the public for the four weekends prior to Memorial Day, from Memorial Day to Labor Day, and for the four weekends after Labor Day, each year; (2) the maximum hours that the Project will be open to the public at large, subject to other time limitations contained herein, will be 10:00 a.m. to 10:00 p.m.; and (3) the maximum capacity of the Project is five thousand (5,000) people at any one time. If it is determined, based on reasonable evidence, that these parameters for Project attendance are materially exceeded, the City shall have the right to add any and all appropriate conditions in order to address the additional impacts generated thereby. Said conditions may include, but shall not be limited to, acquisition of additional parking areas by the Applicant, enhancement of public streets at Applicant's expense, signalization of intersections at Applicant's expense, and/or payment of impact fees; provided, however, that Applicant shall only be responsible for its fair share of the cost of such items. Q. Comply with all federal, state and local laws, regulations, permits, City ordinances, standards, and policies except as otherwise provided in this Resolution. R, In the event that construction of the Project occurs concurrent with construction of the MCA Amphitheater, coordinate all aspects of the construction of the Project with the construction of the MCA Amphitheater, to the satisfaction of the Director of the Building and Housing Department. S, In the event the Project opens for operations prior to the MCA Amphitheater, the city reserves its rights to impose additional or modified conditions of approval, especially as related to parking and ingress/egress. T. Applicant shall obtain, maintain in effect for so long as the Project is operated, and make available for inspection by the City, comprehensive general liability insurance with respect to Project operations. Such insurance shall be in coverage amounts and a form consistent with industry standards. To the extent City has an insurable interest, the City shall be named an additional insured on any such policy. U. This 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 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 Permittee of a substantial revenue source which the Permittee can not, in the normal operation of the use permitted, be expected to economically recover. V. This conditional use permit shall become void and ineffective if not utilized or extended within one year from the effective date thereof, in accordance with .... Section 19.14.260 of the Municipal Code. W. Violation of any of the conditions of this Conditional Use Permit shall be grounds for revocation, suspension and/or modification hereof, as determined Resolution 18381 Page 6 by the City after giving Applicant/operator a reasonable opportunity to object to such proposed action. X. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL Applicant shall execute and have notarized the attached Agreement (Attachment "A"), a copy of which is on file in the City Clerk's Office and known as Document No. C096-113, indicating that Applicant has read, understands and agreed to the conditions of approval contained herein, and will implement same. VII. INDEMNIFICATION/HOLD HARMLESS Applicant/operator 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, (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) Applicant's installation and operation of the facility permitted hereby. Applicant/operator shall acknowledge their agreement to this provision by executing the Agreement of this Conditional Use Permit where indicated. Applicant's/operator's compliance with this provision is an express condition of this Conditional Use Permit end this provision shall be binding on any and all of Applicant's/operator's successors and assigns. VIII. NOTICE OF DETERMINATION The City Council directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the County Clerk. IX. 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 Ct Director of Planning in Atto Resolution 18381 Page 8 ATTACHMENT "A" AGREEMENT BY AND BETWEEN THE CITY COUNCIL OF THE CITY OF CHULA VISTA AND HICE ENTERPRISES, INC. RELATED TO THE CONDITIONAL APPROVAL OF PCC-96-40 The Applicant shall execute this document by signing the lines provided below, said execution indicating that the Applicant has read, understands and agrees to the conditions contained in Resolution No. 18381, and will implement same to the satisfaction of the City. Upon execution, this document and a copy of Resolution No. 18385 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 City Clerk. Failure to return a signed and stamped copy of this recorded document within thirty days of recordation to the Planning Department shall indicate the property owner/applicant's desire that the project, and the c?rr~sponding application for building permits and/or a business license, be held in abeyance w Jt approval. Signature of Representative of Date Hice Enterprises, Inc. Attachment: Resolution No. 18382 Recorded Document No. Resolution 18381 Page 7 EXHIBIT A - "Project Site" Resolution 18381 Page 9 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 23rd day of July, 1996, by the following vote: AYES: Councilmembers: Moot, Padilia, Rindone, Horton NAYES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: Alevy Shirl~y~-Iorton, Mayor ATTEST: Beverly/~,. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 18381 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 23rd day of July, 1996. Executed this 23rd day of July, 1996. Beverly A. Authelet, City Clerk