HomeMy WebLinkAboutReso 2005-1222006-0479851
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Recording requested
by:
City of Chula Vista
After recording
return to:
City Clerk's Office
City of Chula Vista
276 Fowth Avenue
Chula Vista, CA 91910
DOC: # 2006-0479851
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RESOLUTION NO. 2005-122
Documenl Title
RESOLUTION NO. 2005-122
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AND ESTABLISHING
CONDITIONS ON A CONDITIONAL USE PERMIT
PCC-05-033 TO CONDUCT A FARMERS' MARKET IN THE
PARKING LOT OF WAL-MART AT 1360 EASTLAKE
PARKWAY,CHULA VISTA
1. RECITALS
WHEREAS, on January 10, 2005, a duly verified application for a Conditional Use
Permit (PCC-05-033) was filed with the City of Chula Vista Planning and Building Department
by Eastlake Educational Foundation ("Applicant") requesting permission to conduct a Farmers'
Market consisting of approximately 37 vendors, 21 of which will be Certified Agricultural
Producers on a property where a Wal-Mart is located ("Project"); and
A. Project Site
WHEREAS, the area of land owned by Wal-Mart is the subject matter of this
resolution, and is represented in Exhibit "A," copies of which are on file in the office of
the City Clerk, attached hereto and incorporated herein by this reference; and for the
purpose of general description is approximately two acres of property on the southeastern
edge of the overall Wal-Mart site at 1360 Eastiake Parkway, with a land use designation
of Freeway Commercial (FC) and a zone of Planned Community (P-C) ("Project Site");
and
B. Project; Application for Discretionary Approval
WHEREAS, on January 10,2005, the Applicant filed an application with the City
of Chula Vista Planning and Building Department requesting approval of a Conditional
Use Permit to allow the operation of a Certified Farmers' Market consisting of at least 37
vendors, but no more than 45 vendors, with at least 55% of those vendors being Certified
Agricultural Producers on the southeastern edge of the overall Wal-Mart site at 1360
Eastlake Parkway; and
C. Prior Discretionary Approval and Recommendations
WHEREAS, the application for a Conditional Use Permit has received the
following discretionary approvals and recommendations: Planning Commission
recommendation of approval of Conditional Use Permit PCC-05-033 to operate a
Certified Farmers' Market at 1360 Eastlake Parkway on April 6, 2005; and
D. Planning Commission Record of Applications
WHEREAS, the Planning Commission held an advertised public hearing on the
Project on April 6, 2005, and after hearing staff's presentation and public testimony voted
4-0-2-0 to recommend that the City Council approve the Project, in accordance with the
findings and subject to the conditions listed below; and
E. Council Record of Applications
Resolution 2005-122
Page 2
WHEREAS, the City Clerk set the time and place for the public hearing on the
Project's Conditional Use Permit application; and notice of said hearing, together with its
purpose, was given by its publication in a newspaper of general circulation in the City, its
mailing to property owners and tenants residing within 1,000 feet of the exterior
boundary of the Project, at least ten days prior to the hearing; and
WHEREAS, the duly called and noticed public hearing on the Project was held
before the City Council of the City of Chula Vista on April 12, 2005, in the Council
Chambers, 276 Fourth Avenue, at 6:00 p.m. to receive the recommendations of the
Planning Commission, and to hear public testimony with regard to the same.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby find, determine and resolve as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing on the Project held on April 6, 2005, and the minutes and resolution resulting
therefrom, are hereby incorporated into the record of this proceeding.
III. COMPLIANCE WITH CEQA
The Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act and has determined that the proposed
project qualifies for a Class 1 (Existing Facilities) categorical exemption pursuant to Section
15301 of the State California Environmental Quality Act (CEQA) Guidelines. Thus no further
environmental review or documentation is necessary.
IV. INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council has exercised their independent review and judgment and concurs with
the Environmental Review Coordinator's determination that the Project qualifies for a Class I
(Existing Facilities) categorical exemption pursuant to Section 15301 of the State CEQA
Guidelines.
V. 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.
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 proposed use at this location is necessary and desirable from the
perspective that providing for the sale of fresh produce and flowers to residents of
Eastlake is a positive feature which will contribute to the general well-being of
both the neighborhood and the community at large.
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Resolution 2005-122
Page 3
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 will not be detrimental to the health, safety or general
welfare to the general public, or be injurious to property or improvements in the
vicinity. The market will only operate on Friday afternoons, and will provide
little impact on traffic or parking. Provisions have been made in this application
which will ameliorate traffic concerns, provide for trash accumulation and
restrooms and will be of a temporary nature, with removal of stalls and equipment
accomplished at the end of the day's events.
3. That the proposed use will comply with the regulations and conditions
specified in the code for such use.
The proposed use shall comply with the conditions of Conditional Use
Permit, PCC-05-033 as recommended by the Planning Commission, and shall be
in accordance with all applicable regulations and standards specified in the
Municipal Code for such use. The proposed use is also in accordance with
Municipal Code Section 19.58.148, which now allows Certified Farmers'
Markets. Furthermore, the conditions of this permit are approximately in
proportion to the nature and extent of the impact created by the proposed
development in that the conditions imposed are directly related to and of a nature
and scope related to the size and impact of the Project.
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 granting of this Conditional Use Permit will not adversely affect the
Chula Vista General Plan in that said Project is in the Commercial land use
designation, which anticipates the gathering of people for shopping and other
activities such as this Certified Farmers' Market. Thus the granting of this
Conditional Use Permit is in keeping with the intent of the General Plan of the
City.
VI. TERMS OF GRANT OF PERMIT
The City Council hereby grants Conditional Use Permit PCC-05-033, subject to the
following conditions, whereby the Applicant and/or property owners shall:
PLANNING & BUILDING DEPARTMENT CONDITIONS
I. The Project, as shown or described in the conceptual plans, applications
and other exhibits shall be established and maintained as those plans are approved
by the Planning Commission. No more than forty-five (45) vendors may
participate, with at least 55% of those vendors being Certified Agricultural
Producers.
2. The Farmers' Market shall operate only on Fridays, no more than once a
week, with the day and hours of operation as established in this Conditional Use
Permit, to whit, from 3:00 p.m. to 7:00 p.m. every Friday. The Farmers' Market
Resolution 2005-122
Page 4
shall be located on the southeastern edge of the Wal-Mart parking lot, closest to
Eastlake Parkway.
3. Approval of a Planned Sign Program shall be obtained for all signs to be
used. The development and approval of the Planned Sign Program shall comply
with the provisions ofCVMC 19.60.050.
4. Temporary signs identirying the Farmers' Market and hours thereof may
be displayed during the event, and not more than four (4) hours before and one (I)
hour after said event.
5. Pennants may be used only for safety and precautionary purposes.
6. Price signs may be used only when of a size and location so as to benefit
the pedestrian shopper and not passing vehicles.
7. This Certified Farmers' Market shall be subject to the certification
regulations of the State of California Department of Agriculture, Weights and
Measures, and the County of San Diego's Department of Environment Health.
8. Live or recorded music may be played at the Farmers' Market, but shall
not exceed fifty-five (55) dB at 50 feet from the outer edges of the immediate
market site. Pony/llama rides (three animals maximum - unless more are
approved by the Planning Director), air jumps and playground equipment are also
allowed, but shall not alone or in the aggregate, exceed twenty percent (33%) of
the square footage devoted to vendors, pedestrian walkways, and entertainment
(parking areas are excluded from this calculation). All other live animals, live
entertainment or amusement rides are not allowed.
9. An adequate on and off-site security plan shall be submitted to and
approved by the Police Department. After approval, said plan shall be adhered to
and may be modified by the City from time-to-time as needed.
10. A traffic control and emergency access plan shall be submitted to and
approved by the City Engineer. After approval, said plan shall be adhered to and
may be modified by the City from time-to-time as needed.
II. At least three portable toilets and one hand washing facility shall be
located within or no more than fifty (50) feet from outer edges of the immediate
market site.
12. All market areas (including parking areas) shall be kept in a neat and
well-kept manner at all times. Furthermore, a recycling and solid waste
management plan, specirying how the operator will address the disposal of these
materials, shall be submitted to and approved by the City's Manager/Conservation
Coordinator. After approval, said plan shall be adhered to and may be modified
by the City from time-to-time as needed.
13. 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
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Resolution 2005-122
Page 5
to 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.
14. Applicant/operator shall and does hereby agree to indemniry, 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, and (c) Applicant's installation
and operation of the facility permitted hereby, including, without limitation, any
and all liabilities arising from the emission by the facility of electromagnetic
fields or other energy waves or emissions. 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
pro.vision shall be binding on any and all of Applicant's/operator's successors and
assigns
15. The applicant shall allow the Project Site, while it is in operation, to be
inspected six months subsequent to the issuance of a business license to check
conformance with Project plans and conditions of approval.
16. Approval of this request shall not waive compliance with all sections of
Title 19 (Zoning) of the Municipal Code, and all other applicable City Ordinances
in effect at the time of building permit issuance.
17. Pursuant to Chula Vista Municipal Code 19.58.148 (c) (6), this permit
shall expire one (I) year after the date of its approval by the City Council. Any
extension or renewal of this use permit must be granted by the City Council.
18. This Conditional Use Permit shall become void and ineffective if not
utilized or extended within the time allotted in Section 19.14.260 of the Municipal
Code.
EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
19. 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 Recorder 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's
Planning and Building 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/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 City
Clerk's office.
Resolution 2005-122
Page 6
Date
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Date
CONSEQUENCE OF FAILURE OF CONDITIONS
20. If any of the foregoing conditions fails 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 modiry all approvals herein granted, deny, or further
condition issuance of all future building permits, deny, revoke, or further
condition all certificates of occupancy 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. Failure to satisfy the
conditions of this permit may also result in the imposition of civil or criminal
penalties. Developer or a successor in interest gains no vested rights by the City's
approval of this resolution.
INVALIDITY; AUTOMATIC REVOCATION
21. It is the intention of the Planning Commission 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
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
CÀ-~
Ann Moore
City Attorney
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Resolution 2005-122
Page 7
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 12th day of April, 2005, by the following vote:
AYES:
Councilmembers:
Castaneda, Davis, McCann, Rindone and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
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ATTEST:
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Susan Bigelow, MMC, City lerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certiry that the foregoing
Resolution No. 2005-122 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 12th day of April, 2005.
Executed this 12th day of April, 2005.
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Susan Bigelow, MMC, City Cler
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Recording requested
by:
City of Chula Vista
After recording
return to:
City Clerk's Office
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
DOC: # 2006-0479851
1 !1I111111111111111111111111111111111111111111111111111111111111111111
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RESOLUTION NO. 2005-122
Document Title