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HomeMy WebLinkAboutReso 1999-19453 RESOLUTION NO. 19453 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, MODIFYING CONDITIONAL USE PERMIT PCC-95-47M, FOR THE PROVISION OF ALCOHOLIC BEVERAGES AT KOBEY'S MARKETPLACE RECITALS A. Project Site WHEREAS, the property which is for 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, A conditional use permit for the Kobey's Marketplace was approved on November 7, 1995; and on December 24, 1998, a duly verified application to modify the conditional use permit was filed with the Chula Vista Planning Department by Ogden Entertainment, Inc. ("Applicant"), exclusive concessionaire for Kobey's Marketplace; and C. Project Description; Modification of Conditional Use Permit (PCC-95-47M); WHEREAS, Applicant requests permission for the provision of alcoholic beverages at Kobey's Marketplace; and WHEREAS, the Environmental Review Coordinator has concluded that the modification is a Class 5 Categorical Exemption from environmental review pursuant to the California Environmental Quality Act; and D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on March 31, 1999, that was continued to April 14, 1999; and WHEREAS, the Planning Commission voted 4 - 3 to recommend that the City Council approve the modification of Conditional Use Permit PCC-95-47M in accordance with Planning Commission Resolution PCC-95-47M and subject to the findings and conditions of the City Council Resolution; and E. City Council Record of Application WHEREAS, a duly called and noticed public hearing on the modification was held before the City Council on May 11, 1999, 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 modification. Resolution 19453 Page 2 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 modification introduced before the Planning Commission at their public hearing on this project held on March 31 ~' and April 14'h 1999, and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. III. 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 provision of alcoholic beverages may be desirable in that it may increase interest and attendance at the o~oemair market. The provision of alcoholic beverages shall be limited to the hours of 11:30 a.m. to one hour prior to the closing of the open-air market on Saturdays and Sundays. 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 open-air market concession stand/snack bar may only provide alcoholic beverages up to 3 p.m. on Saturdays and Sundays, consistent with conditions that require the open-air market to close at 4 p.m. Private security or off-duty police will monitor the open-air market concession stand/snack bar. C. That the proposed use will comply with the regulations and conditions specified in the code for such use. Conditional Use Permit PCC-95-47M 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. 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. D. The granting of PCC-95-47M will not adversely affect the Chula Vista General Plan nor the plans or policies of neighboring jurisdictions in that: 1) Said modification will comply with all applicable standards as required in the original conditional use permit; 2) surrounding land uses are compatible with the proposed modification; and 3) said proposal also conforms with the General Plan in that this conditional use permit has been properly executed and duly adopted. Resolution 19453 Page 3 IV. TERMS OF GRANT OF PERMIT The following shall amend Resolution 18060, adding the following alcohol-related conditions under Terms of Grant Permit (Section VII, new letter No. V) for the provision of alcoholic beverages at the open-air market: V. Alcoholic Beverages: V-1. The concession stand/snack bar located outside the walls/gates of amphitheater shall be confined to the area shown on the exhibits provided (PCC 95-47M, filed 12/24/98). The concession stand/snack bar shall be the only area permitted to provide alcoholic beverages outside the walls/gates of the amphitheater. In addition, a duplicate type 47 ABC license shall be required for this area. V-2 The concession stand/snack bar at the open-air market may provide alcoholic beverages from 11:30 a.m. until one hour prior to the closing of operations on Saturdays and Sundays. Per the original condition VII-E, of Resolution 18060, the open-air market may operate from 7:00 a.m. to 4:00 p.m. Should the hours of operation change, the City may revise the operating hours for the concession stand/snack bar at the open-air market. V-3 As shown on the exhibits (PCC 95-47M, filed 12/24/98), the design of the concession stand/snack bar shall consist of solid temporary fencing forty-inches high, with a single controlled access point. The sidewalk shall not be obstructed from allowing continuous pedestrian circulation. The consumption of alcoholic beverages shall be restricted to the same designated area. No persons may leave the area with an alcoholic beverage. V-4 The concession stand/snack bar shall only provide alcoholic beverages to persons age 21 and over, but will be open to minors to purchase food and soft drinks. Access and activity shall be monitored by private security. These security provisions may be enhanced or reduced to the satisfaction of the Police Chief. The concessionaire and/or the amphitheater operator shall compensate the private security or off-duty officers. General Conditions: A. Except as expressly modified herein, all other terms and conditions of the original conditional use permit shall remain in full force and effect. All modifications to the original conditional use permit are contingent upon the applicant obtaining all appropriate licenses and permits. B. The effectiveness of this modified conditional use permit is contingent upon applicant entering 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 cost arising directly or indirectly from Applicant or third party conduct at or around the facility in connection with Applicant sponsored events; and Resolution 19453 Page 4 2) Name the City as an additional insured on any policies of insurance intended to insure Applicant against such damages, liabilities, claims, and costs V. 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 of expense of the property owner and/or applicants, and a signed, stamped copy returned to the Planning Department. Failure to return a signed and stamped copy of this recorded document within thirty days or recordation to the Planning Department 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. Signature of Property Owner Date Signature of Representative Date Coors Amphitheater Signature of Representative Date Kobey's Marketplace ~Sign~ure o¢'Repres~ntative Ogden Entertainment, Inc. VI. 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. Resolution 19453 Page 6 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 11'h day of May, 1999, by the following vote: AYES: Councilmembers: Davis, Moot, Padilla, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ATTEST: Susan Bigelow, City Clerk 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. 19453 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 11th day of May, 1999. Executed this 11'h day of May, 1999. Susan Bigelow, City Clerk Resolution 19453 Page 5 Presented by Approved as to form by Robert A. Leiter J~'~' M. Kaheny ~ Planning Director ~¥ty Attorney