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HomeMy WebLinkAboutRDA Reso 2000-1681 RESOLUTION NO. 1681 RESOLUTION OF THE REDEVELOPMENT ,~ GENCY OF THE CITY OF CHULA VISTA APPROVING A SPECIAl. LAND USE PERMIT FOR LA VILLA LOCA SPORTS BAR AND GF ILL LOCATED AT 217 THIRD AVENUE WITHIN THE T, :)WN CENTRE I REDEVELOPMENT PROJECT AREA ~ YHEREAS, the Land Use Policy of the Town Centre I Redevelopment Project Area requires that a S ~ecial Land Use Permit application be filed for the de zelopment of new establishments with alcohol ~ ;ales; and YHEREAS, Irma Muntz has applied for a Special La~d Use Permit for La Villa Loca Sports Bar and Grill to be located at 217 Third Avenue in the Town 3entre I Redevelopment Project Area; and ~¥HEREAS, the proposed use conforms with ant furthers the goals of the adopted Downto~n Vision Statement which encourages the development of new entertainment and restaura mt uses within the DoWntown core; and YHEREAS, the subject application has been review,~d for compliance with the underlying zoning nd General Plan allowable land uses and alt applical,le land use requirements and findings necess ry thereof; and '¥HEREAS, the application has been deemed exen~pt from the California Environmental Quality, ~ct pursuant to Section 15301 (existing facilities.) '¥HEREAS, i the Town Centre Project Area Committee held a duly noticed public hearing and conside ed all testimony presented, reviewed said applicai on and required findings, and voted unanimc ,usly on July 12, 2000 to recommend approval of the; ~pplication; and ~/HEREAS, the applioation has been conditioned as required by the Police Department in conform ance with State Division of Alcohol Beverage Control 'equirements; NOW, THEREFORE, BE IT RESOLVED that the edevelopment Agency of the City of Chula Vista does hereby make the following findings: 1) That the proposed use at this location is nec ~sary or desirable to provide a service or facility which will contribute to the general well being of th 9 neighborhood or community. At the proposed location, a sports bar and grill would allow comm,;rcial development on a commercially viable property within the Redevelopment Project Area, t~ ereby meeting the objectives of the Redevelopment Plan that aim for the attraction of capita and new business enterprises, the establishment of Town Centre as the South Bay's principal c, rater for specialty goods and services, and the strengthening of the mercantile posture of Town Cent e; 2) That the proposed use, under the circumstar ces of the particular case, will not be detrimental to the health, safety, or general welfare of person residing or working in the vicinity and will not be injurious to property or improvements in the vicinit~ The proposed sale of beer and wine has been conditioned by both the Department of Beverage C ~ntrol of the State of California as well as the Chula Vista Police Department and those conditions h~ ve been included as part of the permit. 3) That the proposed use will comply with the re~ ulations and conditions specified in the Municipal Code for such use. The proposed use complie~ with the intent of the Town Centre Redevelopment Plan and the adopted Downtown Vision St;~tement to revitalize the Town Centre area as the commercial-civic focus of the City and as acer ter for entertainment, and will include commercial development on a commercially viable parcel; an~ Resolution No. 1681 Page 2 4) That granting of the requested Special Land Use Permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. The proposed use is consistent with the goals of the Town Centre I Redevelopment Plan, the Downtown Vision Statement, and the Town Centre Project Area Committee land use policy, which calls for the revitalization of Town Centre and Downtown as a commercial and entertainment district. Granting of a special land use permit for the proposed use will reaffirm the effectiveness of the land use provisions of those documents. BE IT FURTHER RESOLVED that the Redevelopment Agency of the City of Chula Vista does hereby approve, subject to conditions attached hereto (see Exhibit A), a Special Land Use Permit for La Villa Loca Sports Bar and Grill. PRESENTED BY APPROVED AS TO FORM BY Chris S~omone Jo~(M. Kaheny Director of Community Development ,~iency Attorney Resolution No. 1681 Page 3 EXHIBIT A CONDITIONS OF APPRO~ rAL 1. Sales, service, and consumption of alcoholic bevera,c es shall be permitted only between the hours of 9 a.m. and!12 midnight, Sunday through i'hursday, and 9 a.m. and I a.m. on FriClay and Saturday. ' 2. The use of any amplifying system or device is prohibi:ed on the patio, and the use of any such system or device inside the premises shall not b,~ audible outside the premises. 3. Erttertainment provided shall not be audible beyon¢ the area under the control of the licensee(s) as defined On the ABC-257, dated May 2z 2000 and ABC-253 dated May 24, 2000. 4. The rear door shall be kept closed at all times during 1 le operation of the premises except for the ingress and egress of patrons and to permit d,~liveries. Said door(s) not to consist solely of a screen or ventilated security door. 5. At all times when the premises are open for business :he sale of alcoholic beverages shall be made in conjunction ~With the sale of food. 6. Petitioners shall regularly police the area under their, ontrol in an effort to prevent loitering of ;persons about the premises. 7. Petitioner shall not require the purchase of a minimur number of ddnks. 8. The applicant shall comply with all recommendatior of the City of Chula Vista Crime Prevention Unit. 9. Prior to the issuance of building permits, the Fire D, )artment shall review and approve plans for the use. 10. Prior to the issuance of building permits, the applic~ shall obtain a sign permit for all proposed signage. 11. This permit shall be subject to any and all new, mc :lifted or deleted conditions imposed after approval of this permit to advance a legitim;ite governmental interest related to health, safety or welfare which the City shall impos ~ after advance written notice to the Permittee and after the City has given the Permitt..~e the right to be heard with regard thereto. However, the City, in exercising this reser~ ed right/condition, may not impose a substantial expense or deprive Permittee of a su3stantial revenue source which the Permittee cannot, in the normal operation of le use permitted, be expected to economically recover. Resolution No. 1681 Page 4 12. Applicant/operator shall and does hereby agree to indemnity, protect, defend and hold harmless City and Redevelopment Agency, 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 attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Special 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 a copy of this Special Use Permit where indicated, below. Applicant's/operator's compliance with this provision is an express condition of this Special Use Permit and this provision shall be binding on any and all of Applicant's/operator's successors and assigns. 13. 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. The proper'b/ 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 Recorder's Office of the County of San Diego, and a signed, stamped copy returned to the Community Development Department. Failure to return a signed and stamped copy of this recorded document within ten days of recordation to the Community Development Department shall indicate the property owner/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 Community Development Department's files and known as Document No. Resolution No. 1681. Signature of RepresentatiVe of .,._ . ~,) Date La Villa Loca Sports Bar and Grill Resolution No. 1681 Page 5 PASSED, APPROVED and ADOPTED BY THE REDEVELO ~MENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA this 1st day of August, 2000 by th,; following vote: AYES: Members Davis, Moot, Padilla, Salas, ar d Chair/Mayor Horton NOES: None ABSENT: None ABSTENTIONS: None Shirley I- ortoB' Chairm ATTEST: ~' ~ Chris Salomone Executive Secretary STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss: CITY OF CHULA VISTA ) I, Chris Salomone, Executive Secretary to the Redevelopm~ Agency of the City of Chula Vista, California DO HEREBY CERTIFY that the foregoing is a full, t~ ~ and correct copy of Resolution No. Dated:1681 andAugustthat the2,same2000 has not been amended or repealed./,~1~,..~ ~ ~ Chris Sa omone Executiv Secretary