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HomeMy WebLinkAboutReso 2004-419 RESOLUTION NO. 2004-419 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONDITIONAL USE PERMIT FOR A MULTIPLEX MOVIE THEATER LOCATED IN THE OT A Y RANCH FREEWAY COMMERCIAL SPA PLAN WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached hereto and described as Lot 6 of Chula Vista Tract 05-02, and is commonly known as the Freeway Commercial-Planning Area 12 ("Property"); and WHEREAS, a duly verified application (PCC 05-13) for a Conditional Use Permit ("Project") to consider granting approval for the operation of a multiplex movie theater in the Freeway Commercial portion of Planning Area 12 in the Otay Ranch was filed with the City of Chula Vista Planning and Building Department on September 1, 2004 by General Growth Properties, ("Applicant"); and WHEREAS, the Otay Ranch Freeway Commercial Sectional Planning Area (SPA) Planned Community District Regulation permits a multiplex movie theater subject to approval by the City Council of a Conditional Use Permit according to Chula Vista Municipal Code, Title 19, Chapter 19.58 and the Otay Ranch, Freeway Commercial SPA Planned Community District Regulations, Section III.2; and WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area ("Freeway Commercial SPA Plan") previously approved and amended by the City Council on September 14, 2004, wherein the City Council, in the environmental evaluation of said Freeway Commercial SPA Plan, relied in part on the original Otay Ranch Freeway Commercial SPA Plan Final Environmental Impact Report No. 02-04, ("FEIR 02-04") and addendum; and WHEREAS, the development of the Property will be the subject matter of a Design Review application to be approved by the City's Design Review Committee; and WHEREAS, the City's Environmental Review Coordinator has reviewed the Project for compliance with the California Environmental Quality Act and has determined that the project was covered in previously adopted FEIR 02-04 and addendum. The Environmental Review Coordinator determined that no conditions described in Section 15162 and 15163 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; and WHEREAS, the Planning Commission set the time and place for a hearing on said Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and WHEREAS, a duly noticed hearing was held at the time and place as advertised, namely 6:00 p.m. November 10, 2004, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thèreafter closed. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL, does hereby approve Conditional Use Permit PCC -05-13 in accordance with the findings and subject to the conditions and findings contained in Sections III, IV and V hereto. Resolution 2004-419 Page 2 I. COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the FEIR 02-04 and addendum, would have no new impacts that were not examined in said FEIR [Guideline 15168 (c)(2)], and therefore, no further environmental review or documentation is necessary; and II. ACTION The City Council grants the Conditional Use Permit for the operation of a multiplex movie theater in the Freeway Commercial SPA Plan in the Otay Ranch based upon findings contained herein and is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Freeway Commercial SPA Plan and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. 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 herein below set forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding to be made. The City Council findings of fact are as follows: a. That the proposed use at the particular 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 facility within the Freeway Commercial planning area will provide the community a needed service for entertainment. The provision of these services in close proximity to home and work contributes to the general well being of the neighborhood and community. 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 facility has been designed and will operate in such a way as to avoid conflicts with the adjacent residential units and commercial/office uses within the Town Center. Circulation and access have been considered in placing the theater in the Town Center. Site operations will comply with all safety regulations. The facility has been designed as part of the larger Town Center project and will include perimeter landscaping, thus visually tying the facility into the overall development. c. That the proposed use will comply with the regulations and conditions specified in this code for such land use. The proposed use is located in a Commercial Zone within the Otay Ranch Freeway Commercial SPA Plan. The facility complies with required development and operating regulations including setbacks, height and parking requirements contained in the Freeway Commercial SPA Plan Planned Community District Regulations. ~-'-~'- -- - ----------.--.------.--- - - -_._.__..-._-----~ ---,- --- -- Resolution 2004-419 Page 3 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 govemmental agency. The proposed use is consistent with the General Plan designation of Commercial Retail. The project is consistent with the goals and objectives of the General Plan's Land Use Element and the goals, objectives, policies and implementation measures described for commercial facilities in the Otay Ranch General Development Plan in that it is: compatible with the adjacent land uses; located adj acent to a transit station; and integrated within a comprehensive development. This use is in compliance with the Chula Vista General Plan land use designation, the Otay Ranch General Development Plan, and the Otay Ranch Freeway Commercial SPA Plan regulations. The granting of the Conditional Use Permit will be in compliance with the provisions of the Otay Ranch Freeway Commercial SPA Plan if the conditions identified in Section V of this Resolution are implemented. IV. TERM OF GRANT OF PERMIT The City Council grants the Conditional Use Permit (PCC 05-13) subject to the conditions as set forth in Section V. V. CONDITIONS OF APPROVAL Prior to the issuance of a building permit, the project applicant or property owner shall submit building plans (and/or construction drawings) for the project for review and approval by the Director of Planning and Building subject to the conditions set forth below: 1. The Project is subject to all conditions of approval of the City' Design Review Committee. 2. 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 in accordance with Section 19.14.270 of the Municipal Code. 3. Prior to the issuance of a certificate of occupancy for the theater, all landscaping and hardscape improvements shall be installed in accordance with the approved landscape plan. 4. 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 Director of Planning and Building prior to the issuance of building permits. Additionally, the project shall conform with Sections 9.20.055 and 9.20.035 of the C.V.M.C. regarding graffiti control. 5. Plans for features such as sprinkler systems, stand pipes and alarm systems must be submitted and approved by the Fire Department prior to issuance of building permits. 6. Provide "2A 10BC" rated fire extinguishers (within 75 feet of travel distance). Resolution 2004-419 Page 4 7. All utility connections including outdoor mechanical equipment should be included on the site plan, and shielded with an appropriate screening device. All roof appurtenances including, but not limited to, air conditioning units and mechanical equipment are required to be shielded and architecturally screened from view. The mechanical equipment proposed for the roof shall comply with the regulations of Freeway Commercial SPA Plan, Section III.4 (screening), and shall be depicted and noted on the building plans to be reviewed and approved by the Planning Division prior to issuance of building permits for this development. Backflow preventors shall be no higher than 42 inches and screened from view from both on and off-site. 8. The theaters hours of operation shall be limited to 10:00 a.m. - 2:00 a.m. Special engagements may have extended hours if approved by the Director of Planning and Building. 9. Prior to the issuance of building permits, the applicant shall obtain a sign permit for all proposed signage. 10. Schedule a security survey with the Crime Prevention Unit of the Chula Vista Police Department and implement the reasonable recommendations resulting therefrom. Specific reasonable recommendations may be provided for access control, surveillance detection, and police response. II. Alcohol sales shall be prohibited. 12. This conditional use 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 Municipal Code. 13. 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 attorney's 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, 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 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. 14. The permittee must comply with all applicable provisions of federal, state and local laws. Procedures for enforcing conditional use permits, which are currently set forth in Chapter 19.14.270 of the Chula Vista Municipal Code, are incorporated into this CUP. VI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all - -- -- -- ------'----p-- ----- Resolution 2004-419 Page 5 approvals herein granted, deny, revoke or further condition issuance of all future building permits issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation, all to the extent provided in Municipal Code Section 19.14.270. VII. INVALIDITY It is the intention of the City Council that its adoption of this resolution is dependent upon enforceability of each and every material 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 invalid, illegal or unenforceable, the City Council shall retain its sole discretion to determine whether to revoke this resolution, and how to correct any deficiencies identified by the Court, which may involve the revision of terms, provisions or conditions not otherwise affected by the Court order. VIII. 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 a signed, stamped copy of this recorded document within ten days of recordation to the City Clerk. Said document will also be on file in the City Clerk's Office. 2·· 22-os Date sentative of 2-Z2-OS- Date Resolution 2004-419 Page 6 Presented by Approved as to form by ll'- ~ _ Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 14th day of December, 2004, by the following vote: AYES: Councilmembers: Castaneda, Davis, McCann, Rindone and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None Æ cR c{(j- Stephen d. Padilla, Mayor ATTEST: -- ~J..I/A.....I ~?~ ð .n_ Susan Bigelow, MMC, City erk ) 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. 2004-419 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 14th day of December, 2004. Executed this 14th day of December, 2004. ~ .:;i.¡..J 1 /1 .....: ~~ ,~ Susan Bigelow, MMC, City C erk ~ ----~ --- ------ - ---- --- .-.- '" '" '" I ~ w ¡ '" ::> ~ ~ ::> "- .' , / ( / ---------- FC-2 , , . : · . · ' · ' · . , . . ' , . , . , ' , . , ' , : PROJECT LOCATION r=---- \ \\~ ( CHULA VISTA PLANNING AND BUILDING DEPARTMENT OCATOR PROJECT Freewar Commercial SPA Plan PROJECT DESCRIPTION: Œ) APPlICAIIT. Genera Growth Properties. Irlc. MISCELLANEOUS PROJECT Eastlake Parkway Request Proposal for. SPAAmendment for. retail development wi1hin ADDRESS: & Olympic Parkway lI1e O1ay Ranch Planning Are;¡ 12, Freeway Comme1dal site. Tentative SCALE: ALE NUMBER: Subdivision Map and CondtionaI Use Pem1iI for movie theater. NORTH No Scale PCM-04-15A Related Cases: PCS-05-0Z. PCG-ü5-1'3 EXHIBIT A " ~r_ - .....^<=..... ùu· ·....u 1.'_'__-.- _, _ _.__,,_ --"- --'