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RESOLUTION NO. 2001-365
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA GRANTiNG CONDITIONAL USE PERMIT
PCC-00-16, MODIFYING THE EXISTING PERMIT TO
ALLOW THE EXPANSION OF THE EXIST1NG CARD ROOM
FACILITY, iNCLUDiNG CLASS II GAMING, AT THE
VILLAGE CARD ROOM, LOCATED AT 429 BROADWAY
A. RECITALS
1. Project Site
WHEREAS, the parcel(s) which are the subject matter of this resolution are represented
in Exhibit "A," attached hereto and incorporated herein by this reference, and for the purpose of
general description is located at 429 Broadway and 584 Vance Street ("Project Site"); and
2. Project Applicant
WHEREAS, on October 5, 1999, a duly verified application for a conditional use permit
(PCC-00-16) was filed with the City of Chula Vista Planning Department by Harvey Souza DBA
Village Club ("Applicant"); and
3. Project Description; Application for Conditional Use Permit
WHEREAS, said Applicant requests permission to modify the existing conditional use
permit and allow the expansion of the use to increase the number of card tables from 10 to 12,
including 3 "Pai-Gow" 3 "21st Century California Style Blackjack," and 6 regular poker card
tables; serve alcoholic beverages with food from a service bar to all the card tables; provide 24-
hour, 7 day a week operation with an exclusively valet parking arrangement for all parking
located on the site ("Project"); and
4. Planning Commission Record of Application
WHEREAS, the Planning Commission held an advertised public heating on the project
on October 17, 2001, and voted 6-04)-1 recommending that the City Council approve the
project in accordance with Resolution PCC-00-16; and
5. 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 on October 23, 2001; to receive the recommendation of
the Planning Commission, and to hear public testimony with regard to the same.
NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find,
determine, and resolve as follows:
B. PLANNiNG COMMISSION RECORD
4937
Resolution 2001-365
Page 2
The proceedings and all evidence on the Project introduced before the Planning
Commission at their public hearing on this project held on October 17, 2001 and the minutes and
resolution resulting therefrom, are hereby incorporated into the record of this proceeding.
C. ENVIRONMENTAL DETERMINATION
The Resource Conservation Commission determined that the Initial Study was adequate
and recommended adoption of the Negative Declaration on October 1, 2001. The Planning
Commission adopted the attached Resolution PCC-00-16 recommending that the City Council
adopt the Negative Declaration on October 17, 2001.
D. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council does hereby find that the environmental determination of the Resource
Conservation Commission and the Planning Commission was reached in accordance with
requirements of the California Environmental Quality Act, the State EIR Guidelines, and the
Environmental Review Procedures of the City of Chula Vista.
E. 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 finding to be made.
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 former cocktail lounge has been closed and will be converted to additional card room
use to allow for the expansion up to 12 card table facility; therefore the expansion will not
require additional building area. The parking lot will be enlarged to include the adjacent R-2
zoned vacant lot and a tandem parking arrangement as necessary to meet parking requirements
that will require valet parking at all times. The valet parking will allow for additional security in
and around the facility, and with a 24-hour operation there will be surveillance of the facility at
all times. This aspect should also reduce the vehicular trip generation of card players leaving
and returning to the facility, since most card players play for many hours and would not have to
leave at any time because of closing or opening times.
In addition, the use and expansion will not harm the general community since the
application involves the adaptive re-use of the abandoned portion of the building (Winner's
Circle Cocktail Lounge), the expansion of the existing use will be done in such a way as to
minimize impacts to neighbors, and it is consistent with the City approved Gaming Plan.
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 remodeling of the card room facility will also include improvements to the site in
general. Parking will be eliminated in the front building setback along Broadway, and replaced
Resolution 2001-365
Page 3
with landscape elements. The rear of the building will also include landscape planters. A
landscape buffer will be implemented along Vance Street adjacent to the tandem/valet service
parking stalls, as well as along the rear property line adjacent to the residential use. A 6-fi.
screening wall will also be installed to separate the residential and commercial use. The overall
number of driveways to access the site will be reduced and customers must enter at one location
for the valets to park their vehicles, reducing the number of potential vehicular and pedestrian
conflicts.
In addition, all parking will be provided on-site, the abandoned cocktail lounge building
will be remodeled, and the 24-hour valet parking system will increase security in the area.
3. That the proposed use will comply with the regulations and conditions specified in the
code for such use.
The use of the property for a card room facility is permitted within the CT zone by way
of this conditional use permit. The applicant has strived to bring the subject properties into
conformance with current development standards, including additional parking and landscaping
elements which substantially reduce the non-conformities to current development standards. The
R-2 zoned property adjacent to the east will be incorporated into the parking lot arrangement as
allowed by the zoning code as part of this conditional use permit.
In addition, the proposed use will be consistent with all provisions of the City gaming
ordinance (Gaming Plan) covering this type of facility.
4. 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 proposed expansion of the existing card room use will not adversely affect the
General Plan of the City or the adopted plan of any government agency. The proposed expanded
and existing card room use are still subject to and must comply with the City's Gaming Plan as
overseen by the Police Department. The expansion will also be consistent with a Security Plan
to be approved by the Police Department, State Department of Alcohol Beverage Control (ABC)
licensing regulations pertaining to the hours and percentage of alcoholic beverages sold on site,
and State Department of Justice Division of Gambling Control licensing regulations pertain to
controls to Class I, IA, and II gaming in compliance with the City's approved Gaming Plan.
F. TERMS OF GRANT OF PERMIT
The City Council hereby grants Conditional Use Permit PCC-00-16 subject to the
following conditions whereby the Applicant and/or property owners shall:
1. Construct the project as shown on the conceptual site plan, elevations, and landscape plan
submitted for review on August 23, 2001. Provide revised plans in compliance with all
conditions of approval prior to the issuance of building permits.
2. The card room use shall be permitted 24-hours a day, seven (7) days a week.
Resolution 2001-365 -
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3. The time frame for alcoholic beverage sales and consumption shall be limited to between
5 PM to 2 AM (9 hours). Receipts shall be provided at the end of each year to the Police
Department to verify that the sale of alcohol is incidental (less than 50 percent) to the sale of
food, in compliance with an ABC On-Site General Sale (Type 47) Eating Place (restaurant)
license.
4. In the event that the applicant fails to operate the facility in conformance with the
Security Plan as approved by the Police Department, or if there are any irregularities or
violations of the conditions placed on the card tables, such as the number of persons playing at
card tables or the prescribed seating at the card tables as proposed that are occurring at any time,
then staff will return the Conditional Use Permit to Planning Commission and City Council for
further review or revocation.
5. The adjacent R-2 lot owned by the Applicant will be upgraded with the same paving,
striping, and landscaping improvements as the rest of the parking lot. The screening wall shall
be increased from a 5-tl. wall to a 6-ft. decorative block wall on the easterly property line,
retaining the proposed landscape buffer to separate the commercial and residential use. Submit
revised site plans and elevations showing these changes for review and approval prior to the
issuance of building permits.
6. The exterior of the cocktail lounge shall be remodeled by extending the mansard roof
across the entire building front, and the building shall .be anti-graffiti coated as described in
Condition No. 21. All rooftop mechanical equipment shall also be screened by means of a
parapet or screening material to match the building.
7. The existing signage of the cocktail lounge shall be removed, and the existing pole sign
shall be relocated outside the public right-of-way. All remaining signage shall be brought into
conformance with the sign ordinance, subject to the approval by the Director of Planning and
Building.
8. The parking ratio and requirement shall be 1 parking space per 1.5 card players, for a
minimum total of 84 parking spaces for 126 card players. Submit revised site and conceptual
landscape plans that shall show the elimination of the five additional parking spaces in order to
provide for additional landscape planter areas in conformance with landscaping requirements.
9. The driveway directly in front of the card room building shall be removed and replaced
with barrier curb and level sidewalk. The driveways on Vance Street shall be re-aligned with the
driveway aisles to eliminate conflicts with the proposed spaces.
10. The driveway aprons and opening shall be removed, replaced or re-aligned in
conformance with Chula Vista design standards as required to provide proper circulation within
the parking space and driveway aisle arrangement allowed for tandem parking only.
11. The provision to allow for tandem parking within the parking lot shall require that full-
time valet parking employees shall be provided to control and access and eliminate all self-
parking on 24-hour basis for the entire parking lot.
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12. If the valet parking is discominued for any reason, the applicant shall be required to
submit a Conditional Use Permit amendment to modify this Conditional Use Permit. This will
require the re-striping of the parking lot for standard parking spaces and driveway aisles, and the
card room operation (number of card tables allowed) shall be proportionally reduced based on
the parking space allotment, unless additional off-site parking spaces can be appropriately
provided to maintain the intensity of use.
13. The handicap access parking space located in the front (20-fi.) along Broadway at the
comer of Vance Street shall be eliminated and replaced with a landscape planter area. The
applicant may retain four (4) handicapped parking spaces along the north side of the building to
meet the code requirement for an 84-space parking lot.
14. Subject to the approval of the Director of Planning and Building, Applicant shall submit a
plan to eliminate another four parking spaces and provide four additional landscape planter areas,
to be strategically located at the driveway entrances and near walkways per the determination of
the Landscape Planner. Another row of palm tree planter shall be incorporated within the
easterly triple row of tandem parking spaces similarly to those shown for the westerly triple row
of tandem parking spaces.
15. Applicant shall submit a revised conceptual landscape plan subject to the approval of the
Director of Planning and Building, incorporating the new additional landscape planter areas and
subject to the review of the Landscape Planner. Said plan shall incorporate planting that will be
appropriate so that the irrigation and maintenance will be satisfactory to address the longevity
and durability of the proposed landscaping.
16. Commercial properties must have enclosures, bins, or carts that meet design
specifications. The locations and orientation of storage bins and dumpsters must be pre-
approved by the City franchise trash hauling company. Provide sufficient space for designated
recyclables. A shared paper/cardboard bin, along with food and beverage container cart with
other storage may be permitted. A commercial trash enclosure large enough for solid waste,
mixed paper, and a cart for food and beverage containers must be provided to meet the minimum
50 percent recycling requirement. Contact the City Conservation Coordinator at 691-5122.
17. Obtain all necessary permits from the Chula Vista Building Division. Building plans
shall include, but are not limited to, plans showing any alterations to plumbing, mechanical,
electrical changes, such as walls moved, deleted, etc. Building plans must comply with 1998
California Building Code, Mechanical Code, Plumbing Code, and Electrical Code, as well as
Handicapped accessibility requirements and 2001 Energy requirements).
18. Provide building floor plans with complete detail dimensions of all building spaces. The
plans shall include, but are not limited to showing all exiting and occupancy loads for each
building room or space, and the widths of all openings. Indicate the type of construction of the
buildings. Four (4) handicapped access-parking stalls must be shown per conceptual plans that
call for 89 parking spaces.
19. The building plans shall include, but are not limited to the requirement to obtain Health
Department approval for the restaurant permit. The exterior walls and openings may need to be
fire rated. Kitchen services, restrooms and corridors will also need to be fire rated and the
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occupancy changed to "A." Any modifications to the roofing will also need to be shown on the
building plans.
20. A graffiti resistant treatment shall be specified for all wall and building surfaces. This
shall be noted on any building and wall plans and shall be reviewed and approved by the
Planning Director prior to issuance of building permits. Additionally, the project shall conform
to Sections 9.20.055, 9.20.060, and 9.20.035 of the Chula Vista Municipal Code regarding
graffiti control.
21. The Fire Department requirements include, but are not limited to requiring building plans
to indicate the occupancy classification change to A-3, the total square footage, exiting, etc.
Corridors are required to be a minimum 3-ft. in width. All doors must be a minimum 20-minute
fire rated. Changes in floor levels greater than ½ inch shall be accomplished by means of a
ramp. Smoke detectors shall be required in every area and in the hallway. Provide one 2A10BC
fire extinguisher every 3,000-sq. ft., a 20-ft. access shall be provided around the building for fire
trucks. One manual pull station shall be provided at a location approved by the Fire Department.
22. Comply with all requirements of the Police Department. The security plan shall be
submitted for Police Department review and approval prior to implementation of the Class II
gaming. All card room operations shall comply with the requirements of the Gaming Plan.
23. The parking area needs to have adequate security lighting. In addition, the lighting for
the vehicle drop-off and pick-up area needs to have transitional lighting for the safety of the
patrons and employees. Lighting for the facility shall be shown on a revised site plan and shall
be in conformance with Section 17.28.020 of the Municipal Code. The lighting plan shall
includes details showing that the proposed lighting shall be shielded to remove any glare from
adjacent residential and commercial properties, and shall be reviewed and approved to the
satisfaction of the Planning and Building Director.
24. Comply with all requirements of the Chula Vista Public Works Department and
Engineering Division. Additional review will be required at the time of building permit approval.
Fees, including but not limited to sewer capacity and traffic signal impact fees shall be required.
25. All driveways shall be constructed per Chula Vista standards. All driveway closures,
sidewalk, curb, and gutter must be constructed to the standards of the City. All driveways must
align properly with adjacent on-site driveways. A construction permit for work in the City's
right-of-way will be required for the construction of all driveway aprons per Chula Vista
construction standards CVCS-1.
26. The Applicant shall prepare and obtain approval of revised plans from the Traffic Section
of the Engineering Division of Public Works Department prior to final approval of the building
permit. Said plans shall demonstrate that there is adequate sight distance for drivers to turn right
onto Broadway from Vance Street. The curbside parking on the east side of Broadway will be
prohibited for a distance of approximately 50-ft. north and south of Vance Street, which will be
verified in the field and painted red-curb by the City.
27. The westerly driveway shall also be a one-way driveway similar to the easterly driveway.
Applicant shall be responsible for the relocation of the existing streetlight within the project so
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that access to the parking lot is maintained. The driveway access along Broadway shall be
removed, and the driveways along Vance Street shall be designed and modified to the
satisfaction of the City Engineer.
28. The Applicant shall submit a letter to the Sweetwater Authority from the Chula Vista Fire
Department stating the fire flow requirements for water prior to the certificate of occupancy.
The Sweetwater Authority shall determine if there is a need for new water systems or substantial
alteration to the existing water system and Applicant must comply with any such determination.
29. Prior to issuance of building permit, Applicant shall be required to pay all school fees
including, but not limited to the Sweetwater Union High School District and Chula Vista
Elementary School District. Said fees shall be based on square footage of floor area, to be
assessed at the time of building permit issuance.
30. This 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.
31. 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 exemising this reserved right/condition, may not impose a substantial expense or deprive
Permittee of a substantial revenue source, which the Permittee cannot, in the normal operation of
the use permitted, be expected to economically recover.
32. 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. Applicant/operator shall acknowledge their agreement to this
provision by executing a copy of this conditional use permit where indicated, below.
Applicant's/operator's compliance with this provision is an express condition of this conditional
use permit and this provision shall be binding on any and all of Applicant's/operator's successors
and assigns.
G. 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 the failure to return a signed, stamped copy of this recorded
document within ten days of recordation to the City Clerk shall indicate the property
owners/applicant's desire that the project, and the corresponding application for building permits
Resolution 2001-365 -
Page 8
and/or a business license, be held in abeyance without approval. Said document will also be on
file in the City Clerk's Office.
Signature c~roperty~Tner Date
Signature of Property~ner Date
-Dr')!
er Date
Date
"$ ignatu..m-~ R~ rcs ~iCe o£ Date
Village Card Room--
H. ADDITIONAL TERM OF GRANT
This permit shall expire ten (10) years after the date of its approval by the City Council.
A~ter the first five (5) years, the Zoning Administrator shall review this Conditional Use Permit
for compliance with the conditions o£ approval, and shall determine, in consultation with the
applicant whether thc Conditional Use Permit shall be extended for an additional five (5) years.
At any time prior to the ten (10) year expiration date, the applicant may apply for an extension.
NOTICE OF DETERMINATION
The City Council directs the Environmental Review Coordinator to post a Notice o£
Determination and file the same with the County Clerk.
J. iNVALIDiTY; AUTOMATIC R~VOCATION
It is the intention o£ the City Council that its adoption of this Resolution is dependent
upon the enforceability o£ 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 o£
Resolution 2001-365
Page 9
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 'Jot~w'M. Kaheny ~]
Planning and Building Director PMty Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 23ra day of October, 2001, by the following vote:
AYES: Councilmembers: Davis, Rindone, and Horton
NAYS: Councilmembers: Salas
ABSENT: Councilmembers: Padilla
Shirley Hort3n~vlayor -
ATTEST:
Susan Bigelow, City ClerkTM
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2001-365 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 October, 2001.
Executed this 23rd day of October, 2001.
Susan Bigelow, City Clerk
4945
VISTA SQUARE
ELEMENTARY SCHOOL
SOUTHBAY
VISTAN TOWER
APARTMENTS
PEPBOYS
CHULAVISTA
CENTER
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT VILLAGE CARD ROOM PROJECYDESCRIPTION:
C) A,,Uc,~r,. CONDITIONAL USE PERMIT
PROJECT 429 BROADWAY ~
ADDRESS:
SCALE: FILE NUMBER:
NORTH No Scale PCC-00-16
h:\home\planning\cados\locators\PCC0016.cdr 8/30/01