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HomeMy WebLinkAboutRDA Reso 2003-1853 RESOLUTION NO. 1853 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AN AMENDED SPECIAL USE PERMIT (SUP#TC1-02-02) FOR THE DEVELOPMENT OF AN APPROXIMATELY 8,884 SQUARE FOOT RESTAURANT AND GAME CENTER (LA BELLA CAFË AND CALIFORNIA GAME CENTER) AT 289 G STREET WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA A. RECITALS 1. Project Site WHEREAS, the site consists of a vacant 10,372 square foot lot located at 289 G Street in the Town Centre I Redevelopment Project Area under the jurisdiction and control of the Redevelopment Agency of the City of Chula Vista; and 2. Project Applicant WHEREAS, On June 4, 2002 the City of Chula Vista Redevelopment Agency approved an Owner Participation Agreement to develop the subject property with an approximately 8,700 square foot restaurant and game center with 15 parking spaces to be provided on-site in an underground parking garage and payment for another 35 spaces to be provided off-site through the City's Downtown Parking District In-Lieu Parking Program pursuant to CVMC 19.62.040; and, WHEREAS, on November 7,2003 a duly verified application for an amended Special Use Permit (TC1-02-02) was filed with the City of Chula Vista Redevelopment Agency by Anthony Raso ("Applicant") deleting the underground parking garage, increasing the restaurant seating capacity, increasing the building's gross square footage and payment for 50 spaces to be provided off-site through the City's Downtown Parking District In-Lieu Parking Program pursuant to CVMC 19.62.040; and, 3. Project Description WHEREAS, Applicant has presented development plans for the construction of a 8,884 square foot restaurant and game center, with associated parking, landscaping and driveways; and 4. Environmental Determination WHEREAS, the Redevelopment Agency's Environmental Review Manager determined that the project proposal is exempt from environmental review pursuant to the Califomia Environmental Quality Act, Section 15303(c) of the Califomia Code of Regulations for construction of small structures; and 5. Town Centre Project Area Committee Record on Application WHEREAS, the Town Centre Project Area Committee, which acts as both the Planning Commission and Design Review Committee for development within the Town Centre I and II Project Areas, heard this item at a duly noticed public hearing held on November 19, 2003 and voted unanimously to support the development proposal with conditions as set forth in this Special Use Permit; and 6. Redevelopment Agency Record of Application WHEREAS, a duly called and noticed public hearing on the Project was held before the Redevelopment Agency of the City of Chula Vista on December 16, 2003 to receive the recommendation of the Town Centre Project Area Committee, and to hear public testimony with regard to same. NOW, THEREFORE, BE IT RESOLVED THAT THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA does hereby find, order, determine and resolve as follows: B. TOWN CENTRE PROJECT AREA COMMITTEE RECORD The proceedings and all evidence on the Project introduced before the Town Centre Project Area Committee at their public hearing on this Project held on November 19, 2003 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. C. CERTIFICATION OF COMPLIANCE WITH CEQA The Redevelopment Agency does hereby find that, in accordance with the requirements of the California Environmental Quality Act and the Environmental Review Procedures of the City Of Chula Vista, the project is categorically exempt pursuant to CEQA, Section 15303(c) of California Code Of Regulations. D. INDEPENDENT JUDGMENT OF THE CITY OF CHULA VISTA REDEVELOPMENT AGENCY The Redevelopment Agency finds that the Categorical Exemption for this Project reflects the independent judgment of the Redevelopment Agency of the City Of Chula Vista. E. AMENDED SPECIAL USE PERMIT FINDINGS 1. That the proposed use at the particular location is necessary or desirable to provide a service or facility, which contributes to the general well being of the neighborhood or the community. The restaurant and game center land use would provide desirable services to the general community and would be especially accessible to residents and workers in the Town Centre and surrounding area. The proposed use provides family entertainment that if properly supervised will be a benefit to the area and will conform with the Downtown Vision statement supporting entertainment uses. The proposed use would be consistent with adopted policies in the General Plan and the Redevelopment Plan for the area. 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 proposed use would not be detrimental to persons, but would make available desirable services to the general public as a family establishment with recreation opportunities for local residents. The services would be especially accessible to residents and workers in the vicinity of the Town Centre Redevelopment Project Area. The project is categorically exempt from the Califomia Environmental Quality Act and would not result in any significant environmental impacts. The establishment and operation of the use would be subject to the requirements of responsible agencies with jurisdiction. 3. That the proposed use will comply with the regulations and conditions specified in the Municipal Code for such use. The proposed use as presented and conditioned by this amended Special Use Permit complies with the regulations of the Municipal Code, and addresses shortage of parking by paying into the In Lieu Parking Fee program in the Town Centre Parking District. The Redevelopment Agency does hereby find that the conditions herein imposed on the grant of this permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed project. 4. That the granting of this amended special land use permit will not adversely affect the General Plan of the City of Chula Vista or the adopted plan of any government agency. The project is consistent with the policies of the General Plan. The project is located within the boundaries of the Central Chula Vista Area Plan (Chapter 10 of the General Plan). The proposed use would be consistent with adopted policies in the General Plan and the Redevelopment Plan for the area. The proposed use is consistent with the goal of the Town Centre Redevelopment Plan, the Downtown Vision Statement, and Town Centre Project Area Committee Land Use Policy, which call for the revitalization of the Town Centre and downtown as a commercial district. Granting an amended special land use permit for the proposed use will reaffirm the effectiveness of the land use provisions of those documents. F. TERMS OF GRANT OF PERMIT The Redevelopment Agency hereby grants Special Use Permit TC1-02-02, subject to the following conditions: 1. The subject property shall be developed as described in the application and plans dated November 7, 2003 and submitted to Community Development Department, except as modified herein. 2. The conditionally permitted uses of the subject property shall be limited to a game center and restaurant as described in the application and plans, except as modified herein. 3. The floor plans and the floor areas devoted to each of the conditionally permitted uses of the subject property shall not be modified. 4. The conditionally permitted uses of the subject property shall not exceed the maximum occupancy load pursuant to the Uniform Building Code. 5. The hours of operation of the use shall not exceed the hours of 9:00 a.m. to 1 :00 a.m. Sunday through Thursday and 9:00 a.m. to 2:00 a.m. Friday and Saturday, except as modified by any Police Department Security Plan that shall be approved prior to issuance of a Certificate of Occupancy. 6. The applicant shall pay the required In-Lieu parking fees of $87,500.00 into the Town Centre Parking District for additional parking stalls pursuant to Section 19.62.040 of the Municipal Code. The first payment of $43,750 shall be made prior to issuance of a building permit. A second and final payment of $43,750.00 shall be made prior to ----------'--_. -.---- issuance of certificate of occupancy. Such fees shall be expended to improve the two parking lots immediately behind the subject property as determined by and in consultations w~h the "Parking Place Commission". 7. The applicant shall obtain all necessary permits from the Chula Vista Planning and Building Department and Fire Department. The project shall comply with the requirements of the edition of the Uniform Building Code and the Uniform Fire Code in effect at the time of issuance of any permit. 8. This 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 Chula Vista Municipal Code. 9. This permit shall be subject to any and all new, modified, or deleted conditions imposed after approval of this amended permit to protect the public from a specific condition dangerous to its health or safety or both due to the project, which condition(s) the City shall impose after advance written notice to the permittee and after the City has given 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 cannot, in the normal operation of the use permitted, be expected to economically recover. 10. All ground mounted utility appurtenances such as: transformers, AC condensers, etc shall be located out of public view and adequately screened through the use of a combination of walls, berms, and/or landscaping to the satisfaction of the Community Development Director. 11. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections shall be screened from view and the sound buffered from adjacent properties to the satisfaction of the Community Development Director. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the Community Development Director. Details shall be included in building plans. 12. 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 Community Development Department. Additionally, the project shall conform to Sections 9.20 of the Chula Vista Municipal Code regarding graffiti control. 13. Landscape and irrigation plans shall be reviewed and approved by the City Landscape Planner prior to issuance of a building permit. The landscape plan shall identify a fixed storage rack designed to secure the frame and wheel of not less than ten bicycles in an area approved by the City Landscape Planner. 14. Provide sufficient space for designated "recyclables" and ensure that provisions are made to meet the minimum 50% recycling requirement to the satisfaction of the Recycling Coordinator for the City of Chula Vista. 15. Applicant shall obtain a construction permit from the Engineering Division for any work in the City's right of way. 16. Driveway approaches shall be constructed per Chula Vista Municipal Code requirements. 17. Applicant shall seek and obtain all permits necessary for the project, including but not limited to a grading permit if determined to be required by the City Engineer. 18. Plans and construction shall comply with the most recently adopted Uniform Building Code, Uniform Plumbing Code, Uniform Electrical Code, and Uniform Mechanical Code. Plans shall also comply with Title 24 Energy and disabled access requirements. 19. All applicable fees, including school fees shall be paid to the appropriate school districts as part of the building permit process. 20. Prior to occupancy permit Applicant shall schedule a security survey and training through the Police Department Crime Prevention Unit regarding emergency and police reporting procedures. A security plan shall be prepared and approved prior to issuance of a Certificate of Occupancy and implemented to the satisfaction of the Police Chief. 21. Game play by minors is prohibited during normal school hours, except when accompanied by an adult 21 years of age or older. 22. Applicant shall seek and obtain approval of a sign plan. All signage shall be subject to the provisions of Sign Ordinance, CVMC Chapter 19.60. 23. The applicant shall and does hereby agree to indemnify, protect, defend, and hold harmless Agency, City, its Council members, officers, employees, agents and representatives, from and against all liabilities, losses, damages, demands, claims and costs, including court costs and attomey's fees (collectively, liabilities) incurred by the Agency or City arising, directly or indirectly, from a) Agency's or City's approval and issuance of this special land use permit, b) Agency's or City's approval or issuance of any other permit or action, whether discretionary or non discretionary, in connection with the use contemplated herein, and without limitation, any and allliabil~ies arising from the operation of the facility. Applicant shall acknowledge their agreement to this provision by executing a copy of this special land use permit where indicated below. The applicant's compliance with this provision is an express condition of this permit and this provision shall be binding on any and all of the applicant's successors and assigns. 24. The use of any amplifying system or device is prohibited on the exterior of the building, and the use of any such system or device inside the premises shall not be audible outside the premises. 25. Entertainment provided shall not be audible beyond the area under the control of the licensee(s) as defined on the ABC-257, dated May 24,2000 and ABC-253 dated May 24, 2000. 26. The rear and front door shall be kept closed at all times during the operation of the premises except for the ingress and egress of patrons and to permit deliveries. Said door(s) are not to consist solely of a screen or ventilated security d~or. 27. At all times when the premises are open for business the sale of alcoholic beverages shall be made in conjunction with the sale of food. 28. Permittee shall regularly police the area under their control in an effort to prevent loitering of persons about the premises. 29. Permittee shall not require the purchase of a minimum number of drinks. 30. Permittee shall pay either 1) one percent (1%) of total construction costs into the 1% for the Arts Program or 2) provide an art work of equivalent value that is publicly accessible and approved by the Town Centre Project Area Committee prior to issuance of a Certificate of Occupancy. 31. Any violations of the terms and conditions of this permit shall be grounds for revocation or modification of permit. G. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the applicant shall execute this document by signing the lines 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 a signed, stamped copy returned to the City Clerk and Planning Department. Failure to return a signed and stamped copy of this recorded document within ten days of recordation to the City Clerk shall indicate the property owner/applicanfs 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 Redevelopment Agency Office and known as Document No. - ~ An~owner/APPlicant J'2--.f~o3. Date: I. NOTICE OF EXEMPTION The Environmental Review Manager has reviewed for compliance the CEQA and has determined the project qualifies for a Class C category exemption pursuant to Section 15303 of State CEQA Guidelines. Thus, no further environmental review is necessary. J. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Redevelopment Agency 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 anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be valid. THIS RESOLUTION OF APPROVAL IS HEREBY PASSED AND APPROVED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA, THIS 16th DAY OF DECEMBER 2003. Presented by: Approved as to form by: PASSED, APPROVED and ADOPTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, CALIFORNIA this 16th day of December, 2003 by the following vote: AYES: Members Davis, McCann, Rindone, Salas, and Chair/Mayor Padilla NOES: None ABSENT: None ABSTENTIONS: None ATTEST: STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss: CITY OF CHULA VISTA) I, Laurie A. Madigan, Executive Secretary to the Redevelopment Agency of the City of Chula Vista, California DO HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution No. 17799 and that the same has not been amended or repealed. Dated: December 16, 2003