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HomeMy WebLinkAboutReso 1995-18059,,- RESOLUTION NO. 18059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A CONDITIONAL USE PERMIT, PCC-95-47, TO BITTERLIN- BRICE DEVELOPMENT PARTNERS FOR MCA CONCERTS, INC. TO CONSTRUCT A 20,000 SEAT CAPACITY AMPHITHEATER AT THE SOUTHWEST QUADRANT OF OTAY VALLEY ROAD AND OTAY RIO ROAD I. RECITALS A. Project Site WHEREAS, the property 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 Phase 1 of the Otay Rio Business Park, and for the 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, on May 23, 1995 a duly verified application for a conditional use permit (PCC-95-47) was filed with the City of Chula Vista Planning Department by Bitterlin-Brice Development Partners for MCA Concerts, Inc.("Applicant"); and C. Project Description; Application for Conditional Use Permit WHEREAS, Applicant requests permission to construct a 20,000 seat capacity amphitheater consisting of structures to accommodate the seating of a maximum of 20,000 patrons, plus performers and support personnel, and parking for approximately 6, 100 vehicles ("Project") on the Project Site; and WHEREAS, an Environmental Impact Report was determined necessary and prepared for the Project, a Draft of which was made available for public review and public comments were received and responded to in accordance with CEQA; and D. Public Forum Record on Application WHEREAS, a public forum was held on June 22, 1995 for area residents to introduce to them the proposed land use and its impacts; and E. Resource Conservation Commission Record on Application WHEREAS, the Resource Conservation Commission considered EIR-95-03 on July 10, 1995 and voted 4-1 to accept its adequacy; and .. F. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on September 6, 1995 and voted 6-0-1 to recommend certification of EIR-95-03 for the · TT~ Resolution 18059 Page 2 Project and recommend that the City Council approve the Project in accordance with Planning Commission Resolution PCC-95-47A; and G. City Council Record of Application WHEREAS, duly called and noticed public hearings on the Project were held before the City Council of the City of Chula Vista on September 26, 1995, October 3, 1995, October 17, 1995 and November 7, 1995 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 project and certified EIR 95-03. 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 September 6, 1995, and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. III. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council hereby adopts and incorporates herein all findings, determinations and resolutions set forth in Resolution No. 18057 of the City Council certifying EIR-95-03. IV. CEQA FINDINGS A. Adoption of Environmental Impact Report Findings - After its independent review, the Council does hereby approve, accept as its own, and incorporate as if set forth full herein, and make each and every one of the CEQA Findings as found in Environmental Impact Report, EIR- 95-03. B. Adoption of the Mitigation Monitoring Program - The City Council hereby adopts and incorporates herein the Mitigation Monitoring and Reporting Program ("Program") set forth in EIR-95-03 and finds that the Program is designed to ensure that during the project implementation and operation, the Applicant and other responsible parties implement the project components and comply with the feasible mitigation measures identified in the CEQA Findings and in the Program. C. Statement of Overriding Considerations - Even after the adoption of all feasible mitigation measures and any feasible alternatives, certain significant or potentially significant environmental effects caused by the Project, or cumulatively, will remain. Therefore, the City Council hereby issues and adopts, pursuant to CEQA Guideline Section 15093, the Statement of Overriding Considerations set forth in EIR-95-03 which identifies the specific economic, social, and other considerations that render the unavoidable significant adverse environmental effects acceptable. The City Council further finds that the Statement of Overriding Resolution 18059 Page 3 Considerations has been prepared in accordance with the requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Chula Vista. V. INCORPORATION OF ALL FEASIBLE MITIGATION MEASURES The City Council does hereby adopt and incorporate herein as conditions for all approvals herein granted by this Conditional Use Permit all mitigation measures identified by EIR-95-03 and in the Mitigation Monitoring and Reporting Program for the MCA Chula Vista Amphitheater determined therein to be feasible. VI. 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 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 amphitheater is desirable in that the proposed facility will provide a venue for cultural, artistic and community events. The holding of such events will increase the educational and entertainment opportunities for the 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 operational plan of the proposed amphitheater indicates that traffic going to or coming from events at the Project Site will not have negative impacts to the health, safety or general welfare of persons residing or working in the vicinity or be injurious to property or improvements in the vicinity in that only Circulation Element streets will be used as avenues of access to the Project Site. At present, lands within the City of Chula Vista surrounding the Project Site are undeveloped. The land itself is of adequate size for the proposed Project and isolated from established residential land uses. The proposed amphitheater will also be appropriately landscaped. In addition, noise impacts have been assessed and will not, due to required mitigation measures and a monitoring program, have negative impacts to the health, safety or general welfare of persons residing or working in the vicinity of the amphitheater in that a monitoring program has been set up which will alert the City and Applicant of any potential noise problems. C. That the proposed use will comply with the regulations and conditions specified in the code for such use. Resolution 18059 Page 4 Conditional Use Permit PCC-95-47 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. The conditioning of PCC-95-47 is approximately proportional both in nature and extent to the impact created by the proposed development 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 granting of PCC-95-47 will not adversely affect the Chula Vista General Plan nor the plans or policies of neighboring jurisdictions in that: 1) Said Project will comply with applicable noise and traffic standards and is proposed to be built on a site already partially developed and containing public facilities (water, sewer, etc.); 2) surrounding land uses are compatible with the proposed amphitheater; and 3) said proposed use also conforms with the General Plan in that this conditional use permit has been properly executed and duly adopted. VII. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-95-47 subject to the following conditions whereby the Applicant, amphitheater operator and/or property owner shall: Plannino Department/Environmental A. Comply with all applicable Mitigation Measures identified in EIR-95-O3 and in the Mitigation Monitoring and Reporting Program. B. Construct the Project as submitted to and approved by the City, except as modified herein and/or as required by the Municipal Code. C. Provide the number of parking spaces as shown on the approved MCA Amphitheater site plan, but in no case less than 5,714 spaces per the requirements of the Municipal Code, Chapter 19.62 (20,000/3.5 = 5,714). D. Prior to the submittal of building permit applications, submit a landscape plan to the Landscape Architect for review and approval which shows landscaping that will visually enhance aesthetics of the proposed amphitheater through a creative plant palette and placement of plants at non-angular patterns. The landscape plan shall avoid rectangular patterns. Said landscaping shall be installed prior to issuance of any occupancy permit and shall be maintained for the life of the Project, to the satisfaction of the City. E. Comply with and implement the following conditions as related to noise: 1. Annual monitoring of concert noise shall be conducted by the City at Applicant's expense. The annual monitoring shall commence with the first concert of the opening season and continue annually on a concert event during the regular season which the City deems to be typical of a worst case (Ioudest) concert event. T Resolution 18059 Page 5 2. When development of land within the potentially impacted future residential areas within the 45 dBA noise contour as identified in the EIR is imminent, as defined by the earlier to occur of building permit issuance or developer's execution of a subdivision improvement agreement and posting of subdivision bonds or other security as required thereby, a sound monitoring program wilt be implemented for a duration and in a manner as City deems appropriate. The monitoring program shall be conducted by the City at the Project Applicant's expense (payable on billing by the City) and shall include field measurements at the closest residential development area within the area of potential impact. Field measurements would occur for those concert events expected to reach the highest levels of sound (i.e., it would not be necessary to field measure for acts that are known to be "quiet"). 3. Regardless of D.2 above, if the Director of Planning determines at any time, based on reasonable evidence, that existing residents within the area are being subjected to noise levels exceeding applicable standards, the Applicant shall conduct sound monitoring in accordance with a program approved by the Director of Planning, to determine if such impacts exist. The monitoring program would be conducted by the City at the Project Applicant's expense (payable on billing by the City). 4o If the monitoring program in D.2 or D.3 above indicates that impacts to residents would occur or are occurring, the applicant shall post a bond or other security acceptable to the City at its sole discretion, in an amount equal to 125% of the estimated cost of constructing a permanent noise mitigation solution deemed appropriate by the City (the current cost estimate for a sound wall, which is one possible mitigation measure, is $1,000,000). Applicant's failure to post such a bond would trigger one or more of the following enforcement options for the City: a. The Conditional Use Permit for the facility could be revoked or modified to ensure permanent mitigation of noise impacts; or b. Applicant's access rights under its sublease with the City could be suspended without offsetting the Applicant's rent payment obligation; or c. City could pursue an injunction to order the placement of bonds. Applicant would be liable for any costs (including attorney's fees) incurred by City in pursuing such remedies. 5. If monitoring indicates that the Noise Ordinance is being violated with respect to existing housing or within the identified impact areas once certificates of occupancy are issued for houses therein, the City shall immediately have the right to impose operational mitigation: noise volumes to be reduced, reorientation of speakers, etc.; all at the applicant's expense, including continued monitoring until the mitigation is deemed effective by the City. 6. If operational controls are not successful, as evidenced by the monitoring program, a hearing will be held where applicant will be given an opportunity to present evidence that the noise threshold standards have not been exceeded. If it is determined nonetheless that the thresholds have been exceeded, Applicant shall devise, submit for City approval and implement permanent noise controls, at Resolution 18059 Page 6 Applicant's sole cost, as deemed appropriate by the City including, but not limited to, the following, applied either individually or in combination: a. Construction of additional vertical barriers around the audience area. b. Modified lawn speaker system designs that better control sound energy radiating outside of seating areas. c. Administrative controls over stage speaker sound levels to be applied if the reference level at the mixing booth exceeds a specified threshold that is correlated to impacts in the community. Applicant's failure to impose such effective measures shall trigger City's right to revoke this Conditional Use Permit. F. To the satisfaction of the Zoning Administrator, install bicycle parking for a minimum of 100 bicycles. Said bicycle parking shall be installed at such time as safe and adequate bicycle access to the amphitheater exists, in the opinion of the Zoning Administrator. Said bicycle parking areas shall be located in proximity to each main entrance. G. For the life of the amphitheater, review the consistency of actual operations with the operational parameters considered in the Environmental Impact Report and Conditional Use Permit with the Zoning Administrator, Police Department, Fire Department and Public Works Department on the anniversary date after the opening of operations. Said review shall result in a report prepared by the amphitheater operator to the Zoning Administrator which shall address such issues as traffic impacts, adequacy of parking, ingress/egress, hours of operation, coordination with open air market operations, etc. The Zoning Administrator shall, at his/her sole discretion, determine whether or not the operations are materially consistent with the nature and intensity of the operational parameters used to evaluate the project in the Environmental Impact Report and Conditional Use Permit. If the operational profile is deemed inconsistent and more impactive than originally expected, the Zoning Administrator may require review and/or modification of conditions via additional environmental review and/or a formal modification to the Conditional Use Permit. H. Prior to the issuance of a Certificate of Occupancy for the Project, Applicant shall be the lead party in forming an Events Planning and Coordination Task Force (Task Force). The Task Force shall consist of representatives from MCA Concerts, Inc. or their designee, the City Manager's Office, the Chula Vista Police Department, Fire Department, Public Works Department, Planning Department, Building and Housing Department, Community Development Department and any other City department or outside governmental agency deemed by the Task Force to be involved in the operational aspects of the amphitheater. The City Manager or his/her designee shall convene the Task Force at his/her discretion and shall act as chair of the Task Force. Said Task Force's objective shall be to ensure that amphitheater concerts/events proceed in a manner as to mitigate any disturbances to the community and that the applicable conditions of this Conditional Use Permit (PCC-95-47), the Mitigation Measures of the Environmental Impact Report (EIR-95-03), and all other applicable agreements are implemented. In the event disagreements arise between the Applicant/amphitheater operator and the Task Force, the Applicant/amphitheater operator agrees to abide by the decision of the Zoning Administrator with appeal rights to the City ..... I Resolution 18059 Page 7 Council. Costs associated with the formation and on-going operations of the Task Force (and the preparation, processing, review and implementation/modification of the Events Management Plan, described below) shall be paid by the Applicant to a maximum of $10,000, to be paid upon the earlier to occur of the date upon which (a) accumulated staff time allocated to Task Force issues equals this amount, or (b) the date following one year after issuance of a Certificate of Occupancy for the project. I. Prior to the issuance of a Certificate of Occupancy, develop an Events Management Plan (EMP). The EMP shall be reviewed and approved by the Task Force and may be submitted to Council for approval if deemed necessary by the City Manager in order to resolved any disputed issues. The EMP shall address such operational functions as traffic control, security, emergency response, on- and off-site clean-up, special effects, curfew, facility maintenance and any other aspects determined to fall under the purview of the Events Planning and Coordination Task Force by the Zoning Administrator. The EMP will be implemented by the Applicant/amphitheater operator. Implementation of the EMP shall be overseen by the Task Force. The Task Force may also modify, as it deems necessary, the EMP in order to accommodate any situation deemed to be detrimental to impacted properties in the area. Actual operations shall be reviewed annually by the Task Force to ensure conformity with the EMP and shall be a component of the annual report to the Zoning Administrator. The EMP shall, at a minimum, consist of the following subplans, as well as other items mentioned in this Resolution of Approval: 1. A plan identifying the type and frequency of special effects (such as fireworks, laser displays, etc.) to be conducted as a part of amphitheater operations. 2. A traffic control management and event security plan addressing such aspects as the placement of cones, barricades, signs, traffic control and security personnel, etc., to the satisfaction of the Chief of Police and the City Engineer. All costs associated with implementation of this condition shall be paid by the Applicant. As deemed necessary and appropriate by the Chief of Police, the Applicant's obligation to provide traffic control and security may include the hiring of City of Chula Vista police officers, with enhanced staffing requirements during crowd disbursement time periods, particularly when disbursement occurs after 10:00 p.m. on weekdays and after 11:00 p.m. on weekends. City staff agrees to cooperate with Applicant/amphitheater operator in an attempt to structure the delivery of project security services in a manner designed to reduce costs to the Applicant/amphitheater operator. 3. An off-site clean-up program which shall ensure that all public rights-of-way are cleaned of project-associated litter. 4. Any other operational aspects deemed appropriate by the Task Force. Any costs associated with the preparation, processing, review, implementation and/or modification of the EMP shall be paid by the Applicant as part of the same $10,000 cost for the Task Force funding. Compliance with the EMP shall be mandatory and is an express condition of this Conditional Use Permit. Resolution 18059 Page 9 J. Performances shall end by no later than 11:00 p.m. on Sundays through Thursdays and 11:30 p.m. on Fridays and Saturdays. A maximum of five performances per year may be permitted to exceed these hours by thirty (30) minutes. Operator shall use its best efforts to notify the Events Planning and Coordination Task Force for events it anticipates will exceed the curfew by thirty (30) minutes. Only events which actually exceed the curfew will be counted towards the five (5) exemptions per year. The curfew shall be a component of the aforementioned Events Management Plan and as such will be subject to periodic review with respect to detrimental impacts to surrounding properties. Police Deoartment K. Designate an appropriate area within one of the main amphitheater buildings as a temporary Police Department substation, to the satisfaction of the Chief of Police. Said substation should be housed with or in close proximity to the operator's own security office in order to enhance communications and coordination of security during concerts/events. L. Prior to the first event, schedule a security survey with the Chula Vista Police Department, Crime Prevention Unit, and implement the suggestions of said survey in order to enhance the security of the facility, to the satisfaction of the Chief of Police. This shall be a component of the aforementioned Events Management Plan. M. All on-premise alcohol sales shall be suspended for the remainder of each and every event one hour after the commencement of the last "headline" 8ct's performance at such event. No more than two alcoholic drinks shall be sold to any one adult in a single transaction. EnQineerino Deoartment N. Prior to obtaining any building permit, comply with the following, to the satisfaction of the City Engineer: 1. Submit a grading plan prepared by a registered civil engineer to the City Engineer for review and approval; 2. Obtain a grading permit; and 3. Submit pad certification to the City Engineer with respect to the pad for which the permit is being obtained. O. Prior to framing and/or electrical inspection of any structures on the Project Site, comply with the following, to the satisfaction of the City Engineer: 1. Submit to the City Engineer for review and approval improvement plans for street widening, curbs, gutters, sidewalks, street lights and raised medians, all of which shall be prepared by a registered civil engineer; 2. Obtain a construction permit from the City Engineer; and Resolution 18059 Page 9 3. Dedicate adequate right-of-way for the widening of all affected streets in or around the project. P. Prior to preforming any work in the City right-of-way, obtain a construction permit from the City Engineer. Q. To the satisfaction of the City Engineer as he/she determines necessary or appropriate to mitigate traffic impacts from the project, implement the following: 1. Install enhanced roadway lighting on those portions of Otay Valley Road, Otay Rio Road and all internal roadways within the Project that require special traffic controls (e.g., coning, barricades, reversible lanes, etc.) during amphitheater events. 2. Install a traffic signal at Otay Rio Road and Otay Valley Road, or the southerly private road (formerly Spyglass Hill Road), as deemed necessary by the City Engineer. 3. Apply special striping, delineation and signing to all streets and roadways affected by Project traffic, including vehicular, bicycle and pedestrian. 4. Provide a gated, all-weather access road to the potential Corporation Yard to the west complete with a knox box for use by the Public Works Department for exclusive access to the Corporation Yard. Said gate shall conform to all specifications detailed by the City Engineer. Additionally, the developer shall obtain and grant to the City an access easement to utilize the gate and road. The preferred location of the all- weather, gated access road is the north side of the complex along Parking Area B, but another location may be negotiated with the City Engineer. Fire Department R. To the satisfaction of the Fire Marshal, provide an adequate entry plan for all areas with vehicular access and which are gated, roped off or otherwise impassable. Said plan may include but not be limited to providing knox boxes at appropriate locations, or a lock and chain capable of being cut with bolt cutters. This shall be a component of the aforementioned Events Management Plan. S. Comply with and implement all requirements of the Fire Marshal as related to conforming with the Uniform Fire Code and applicable Municipal Code requirements. T. To the satisfaction of the Fire Marshall, develop and implement a Pre-fire and Emergency Medical Plan for emergency services during concerts/events. Said plan shall require the posting of at least one paramedic unit and standby Fire Department personnel, or qualified private sector personnel at the discretion of the Fire Marshall, at the amphitheater during a concert/event and the backfilling of said paramedic unit and/or standby Fire Department personnel if called upon to transport patients during an event or respond to other emergencies. Said plan shall also provide for training of amphitheater personnel in basic firefighting and first aid. This shall be a component of the aforementioned Events Management Plan. Resolution 18059 Page 10 Buildina and Housina Department U. Comply with and implement all requirements of the Director of the Building and Housing Department as related to conforming with the Uniform Building Code. V. Comply with and implement all provisions related to Title 24 (Part II), Disabled Access, to the satisfaction of the Director of Building and Housing. School Districts W. Prior to obtaining any building permit, 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. Miscellaneous Conditions of Approval X. For the life of the amphitheater, provide press information to the radio media on concert/event days to in order to alert drivers on 1-805/I-905/I-5, or any future freeway which may be used by amphitheater patrons. This shall be a component of the aforementioned Events Management Plan. Y. Cooperate with any interested party in their obtaining all appropriate permits, including, but not limited to a conditional use permit, related to the planning, design and construction of soccer fields in Parking Area B, the northern-most parking lot. In the event no soccer fields are constructed in Parking Area B within two years after the approval of this Conditional Use Permit, Applicant shall implement the landscape plan approved through and on file with the Parks and Recreation Department and Planning Department. Cooperation under this condition shall not require the amphitheater operator to construct or maintain or to pay for construction or maintenance of the soccer fields, and the amphitheater operator shall be entitled to an agreement with the soccer field developer giving the amphitheater operator full indemnity/protection and insurance coverage. Additionally, the amphitheater operator shall retain scheduling priority over any soccer field use. Z. Comply with all applicable City ordinances, codes, standards, and policies. Any violation of applicable City ordinances, codes, standards, and policies, or of any condition of approval shall be grounds for revocation or modification of this Conditional Use Permit by the City of Chula Vista. City Attorney AA. Pay all processing and development impact fees applicable to the Project unless otherwise agreed by the City. Further, in the event that for whatever reason the City ceases to receive revenue under a sublease or other similar arrangement with the operator of the project (the "Operating Agreement"), the City reserves the right to impose a host fee with respect to the project. Provided that such host fee (a) is substantially similar in economic effect to the revenues which had been received by the City pursuant to the Operating Agreement, and does not impair operator's rights or increase operator's obligations compared to those set forth in the Operating Agreement, or (b) interrupt operator's operations of the project, the operator agrees to accept the imposition of such a host fee, waives any Resolution 18059 Page 11 challenges to such host fee and agrees to pay such host fee as a condition to the Conditional Use Permit. BB. Prior to issuance of a certificate of occupancy, enter 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 costs 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. CC. 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. DD. This Conditional Use Permit shall become void and ineffective if: 1. The Master Lease, Tri-Party Agreement and Sublease between Los Alisos Company, or a California general partnership, MCA Concerts, Inc., and the City of Chula Vista are not closed and in full force and effect within one year from the effective date of this Conditional Use Permit; and 2. This Conditional Use Permit is not utilized or extended within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. EE. Inasmuch as the City is relying in significant part upon the execution and effectiveness of the Master Lease, Tri-Party Agreement and Sublease between Los Alios Company, a California general partnership, MCA Concerts, Inc., and the City of Chula Vista for the implementation and enforcement of the required mitigation measures and conditions for this project, and as a basis for issuing a statement of overriding considerations for the project, this Conditional Use Permit shall not become effective until full execution and deposit into escrow Of all such agreements, which shall occur no later than fourteen (14) days after City Council approval hereof. This deadline may be extended in the event that such full execution and deposit into escrow is caused by the City's failure to diligently work towards the finalization and execution of the agreements and implementing escrow instructions, in which case such deadline will be extended for a period of time not to exceed an additional sixteen (16) days. In the event such execution does not occur by this date, this permit shall not become effective and shall require additional consideration and approval by the City. FF. From the date of City Council's approval of this Conditional Use Permit until the date of closing and full effectiveness of the Master Lease, Tri-Party Agreement and Sublease described above, Applicant shall indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorneys' fees, arising from Resolution 18059 Page 12 challenges to the Environmental Impact Report for the Project and/or any or all entitlements and approvals issued by the City in connection with the project. VIII. 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 expense of the property owner and/or applicants, and a signed, stamped copy returned to the City Clerk with a copy to the Planning Department. Failure to return a signed and stamped copy of this recorded document within thirty days of recordation to the City Clerk 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. Said Signature of Property Owner Signature of Rear tterlin-Brice Development Partners Date Signature oTR~presentative of MCA Concerts, Inc. //Date IX. 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. X. 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 Cou~ 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 initio. Presented by Approved as to form by Robert A. Leiter Planning Director p, esotution 18059 page Resolution 18059 Page 14 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 7th day of November, 1995, by the following vote: AYES: Councilmembers: Alevy, Moot, Padilia, Rindone, and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Shirley Hor~n, Mayor ATTEST: ~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. 18059 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 7th day of November, 1995. Executed this 7th day of November, 1995.