HomeMy WebLinkAboutReso 2005-1272006-0479849
e
e
e
DOC # 2006-0479849
I llllllil !IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Recording requested
by:
City of Chula Vista
JUL 07, 2006 10'01 AM
OFFIClp,L F:ELOFt[I',
c,,:.\N Lit Iji-I rUI :r'H'1 F-:ECUR[IEH'C, II~TII_:E
I'lREhIIF: I ,I :,~','1ITH !JIUrJrr HECUF-:[II:F:
FEE') IJihJ
PC),I.:iES q
After recording
return to:
City Clerk's Office
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
1111111111111111111111111111111111/111111I111111111I111111111I111111111I11/11111
This space for Recorder's use only
f8
rff~
j1Jf'
RESOLUTION NO. 2003-127
Document Titk
RESOLUTION NO. 2005-127
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CONDITIONAL USE PERMIT
PCC-05-022 TO CONDUCT A FARMERS' MARKET ON THE
CAMPUS OF SOUTHWESTERN COLLEGE AT 900 OTAY
LAKES ROAD, CHULA VISTA (APPLICANT: DAVID
LARSON)
I. RECITALS
WHEREAS, on November 15, 2004 a duly verified application for a Conditional Use
Permit (PCC-05-022) was filed with the City of Chula Vista Planning and Building Department
by David Larson ("Applicant") requesting permission to conduct a Farmers' Market consisting
of 45 vendors, 25 of which will be Certified Agricultural Producers on the campus of
Southwestern College on the Project Site ("Project"); and
A. Project Site
WHEREAS, the area of land owned by Southwestern College is the subject
matter of this resolution, and is represented in Exhibit "A", attached hereto and
incorporated herein by this reference; and for the purpose of general description is
approximately 3.5 acres of property on the northeastern comer of the overall
Southwestern College site at 900 Otay Lakes Road, with a land use designation of
Residential Low/Medium (RLM) and a zone of Single Family Residential (R-I) ("Project
Site"); and
B. Project; Application for Discretionary Approval
WHEREAS, on November 15,2004, 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 45 vendors, 25 of which will be Certified Agricultural Producers on the campus of
Southwestern College; 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-05-022 to operate a
Certified Farmers' Market on the campus of Southwestern College on March 16, 2005;
and
D. Planning Commission Record of Applications
WHEREAS, the Planning Commission held an advertised public hearing on the
Project on March 16, 2005, and after hearing staff's presentation and public testimony
voted 4-0-2 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 2005-127
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,
and its mailed to property owners and tenants within 1,000 feet of the exterior boundary
ofthe 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 AprilS, 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 March 16,2005, and the minutes and resolution resulting
thererrom, 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 (CEQA) and has determined that the
proposed project qualifies for a Class I (Existing Facilities) categorical exemption pursuant to
Section 15301 of the State 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 1
(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 rresh produce and flowers to residents of
this neighborhood is a positive feature which will contribute to the general
well-being of both the neighborhood and the community at large.
Resolution 2005-127
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 Saturdays, when the college is not in
session 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 Municipal Code for such use.
The proposed use shall comply with the conditions of Conditional Use
Permit, PCC-05-022 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
in residential zones, provided the property is used primarily for public or quasi-
public uses. 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 Public/Quasi-Public land
use designation, which anticipates the gathering of groups of people for 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 ofthe City.
VI. TERMS OF GRANT OF PERMIT
The City Council hereby grants Conditional Use Permit PCC-05-022, subject to the
following conditions, whereby the Applicant and/or property owners shall:
PLANNING AND 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 45 vendors may participate, with at
least 55% of those vendors being certified agricultural producers.
2. The Farmers' Market shall operate only on Saturdays, no more than once a
week, with the day and hours of operation as established in this Conditional Use
Permit, to whit, rrom 8:30 a.m. to 1:00 p.m. every Saturday. The market shall be
located in the northeast area of the Southwestern College campus, closest to the
intersection of East H Street and Otay Lakes Road.
Resolution 2005-127
Page 4
3. Approval of a Planned Sign Program shall be obtained which designates
all signs to be used. The approval of the Planned Sign Program shall comply with
the provisions ofCVMC 19.60.050.
4. Temporary signs identifying the Farmers' Market and hours thereof may
be displayed during the event, and not more than four (4) hours before and one (1)
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 rrom 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 thirty-three percent (33%)
of the square footage devoted to vendors, pedestrian walkways, and entertainment
(parking areas are excluded rrom this calculation). All other live animals, live
entertainment or amusement rides are not allowed.
9. Adequate on and off-site security shall be provided and approved by the
Police Department.
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 rrom time to time as needed.
11. At least three portable toilets and one hand washing facility shall be
10cated within or no more than fifty (50) feet rrom 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, specifying 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
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 ofthe use permitted, be expected to economically recover.
Resolution 2005-127
Page 5
14. 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 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 rrom 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) ofthe 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 (1) 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.
VII. 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 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 Office of the City
Clerk. 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 2005-127
Page 6
pft-¡r/I, vv&/e,1 ¿J!~ t" ~e¿ ).¿>!b
s-}øÞr
Daie I
S- )ÎJ;r-
J Date I
[Yd, þ ÚJ'1!-J c.
VIII. 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
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.
IX. INVALIDITY; AUTOMATIC REVOCATION
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
Q~~,
Ann Moore
City Attorney
Resolution 2005-127
Page 7
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 19th day of April, 2005, by the following vote:
AYES:
Councilmembers:
Castaneda, Davis, Rindone and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
¿;) ¿IL
ATTEST:
:::'_~JJ'&.~ Ir>~
Susan Bigelow, MMC, Ci lerk
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, 2005-127 was duly passed, approved, and adopted by the City Council at a
regular meeting ofthe Chula Vista City Council held on the 19th day of April, 2005.
Executed this 19th day of April, 2005.
~---<JlJ,1 . í~~J.ð'))
Susan Bigelow, MMC, City C erk
-", ita Vist ~\ .~ ..--rc' '-'
.0" . \ Bon I a - ~ ~\'i.t:7!-i
OJ:~" Hlah School ---- ____\,~(j:.~ c:=i "
_ '. '''9~;rt?~,. -;:..----,._______- '. ~:=\-A . ' . .
....- ... ...~...-- \ .~.-~ 'll \~ .........
, /~~\ ~", \, ..:.?\\\\'\PI~.'(:'<,.;:\/
- ...J /' '. " . . /','" -=. \ \ \ I' . .,/'./ ,
.....\ ...' .,.' ~ ,111\ .,' './ :....
-" -..- '..', I . \ \' --;:- ~ '
..... "./ '~". / I" '.,.J. ,'" 'I!' ','j; \ \~\ ..//....../
~e,~-e ~-:;;',:f'"" ..,., . ~', . , " _ . . ~ I, : \ , . ", . , '/ ...-
\<;;''a-~~. ..-~... '../ , ," -,'. ..--: :D"" \ '~. , ../
s:\~.~"...~.~ ~"j.>"\ " I ~ ,. ""I \ \ ' ,\ ',\
~\~ X~_~'.1<..",/,:,::.;" ""/," <<' ". .' \ ',\ i I I \ ' \ ' ,
"\...--#~o-'2/ ~ /y~ '."/' ._ , :./
V . ~'...--: 'V"/"'-/~'-"" ~'~',"\\' .,.-
;""'l ".......h .- , ...t ' .' I \ I
/'../ './/~.- " ""," ,.--' ~
:(\Y.,.'/ ~ ,; "'..... '// ,I '\::=- \ 0 ~
<<2---- // ':, ",1-.1 ~~
",.~\\ ..f "~..' ::: --<~
~ / sw- ''<c) ~,~
~J;~ (~\ Colleae ,) ~;,:S;)k
"'\\ \~ ....- ','\ './ \,i "':'/~' ". It;:::. <;:::;
~" It:-~~,,;.;\~::
'\,.,,','-:::::- '~"., &'~~)~t:=;
\PL'~ '-""'''- /-',,~.f!j~
~\'F1c . ;:> /, ' .$'".':"'? /
. '------l I'" ,<<;\ ,...'<K .___
~. :~.i nl'::::_'~ .,~;::~~~::;)Y -- .'
-:r-.w...J I- - . .', ,,'-:: . .';.-,> , ,i:;;;;:;:;~;;;' ..
\..-.t-:j ,..,;:-, 'c::::.. ,~ "',,: ,', '4~'.Y \ ~ .'
i-----'; '1,..-. , ,=== '...,;',"..,. >.... ';'\;\~
" --'_,v ............ ". . _';'.'" "'~. '.'-"::--\ "
r--- '." ". ../~! ..
\ ...- . . - ~ '-----: ~"':':"..~ ~~ .....:,....... .' ~
. ,'-::-:>:~Y.2. -----.; /--. "? ~"'::; j.' ~~ \
. ~ \, , . '''''''Q);;m'\.,,<,c)',., /",~<:,
.-,:(. '''',-.~. u..u..u..; u,;.J-'. ,- vV'
~.~. .:-..........,,1 --I ". I ~ """"""'r":1~->'" "~ .."
~.,.,../~"<. .......... ',;'-~:' --.--. ~ .....~-
\Jl> ," ." -- - . ---, '. ','~,:,.'
.. .--< .,/ "::- ,.'.... --:::. ~' , ,\, ,"--=-- ...... . rzr-
..,/,. .' ", -- '\'..--......, _<e!-
. ~;;:-:,y./-~~.Y\ ------x-;('0'o \~\ .,
'. \,,-:/<' x~ ;~~';-I ~\C\\\, \'.~ ~\ \ ~ '
'1."...<; ~~',\.:...~
\ /.'\,/#' <of---......,,.....-\\' \\'~ '
~ '/,' , i, 'G\~' ,
" /" "...., ".. \ < \ \ I __....,
-:.II r i '<'.' '.' . I -,-, , '..,,:..~ ____ '
~ 1 \........ ./....: ~ .,( :-P.~ . j './~/;::'----r
:', \ ....." .,Y "\,-,,:,~/ I' \
-j I \ ~ /.- . ~""\,~,, / ! I ; '. ~,""""", '
; ,,-' --., .' 1 I\"~'
~._/;~ ',.,.,", "\\><,,''\ 1 (
2 ~ "-...... '.". ~', .' \
! .-' I" . I \
i ~~" 5,-" 'T~ ~:-.::>~ \
~ :jS.'Y' ;:~-~""'r:::: H .' ../
Resolution No, 2005-127
Page .s
I
,
,---
----
5.~b) "A" . 9
I'
I
--
~
~
/.... /.
,/
---
" .-
'~"'->~..~':>-' ~
\0:~~'::,,:\,
" ~..,...., ~;~/. "
\.......~jt-;~
'--, f-CJ L-- \
~"..-'-\~
~~, \:::'--' .:.------ "
. .' ~, ~\ ~
.. . \~\ , .--,
/~/.>~:/'\ ~" ". \ . '-:-- . \ '-
... ,': /-?":\\)".----:3 d?, ~,
.' ./" /'. \./.~ ''''-- ~;: ~. ~ --
'// ....f'" \, I..' '__1) ~.)..........'. __ ....--
''{-." .~' ..' '. ,............ ~. "~.. \" y'" --'".-'
\....'~/"'.r, .:.'. .;v"l~:~ '
.<7, .'.<........I,'.,.....~\.'.\--;
\ .~......'
~'
:..... ('
. .~...~~ ..... ....'
.."- ..-
.'
,.
~/-".
'. .
..' /.... ~ .
-.~ . (....... "~"'..'
.. ~ ~ ., .....:...... .. ,,' .........
. ,~/.. ./ .;,', ......... ,~.....~..,
~.j :"I..~,...... ". "oJ ..~~.....~
. .... .~. .., '( f' '..' ~............. ..............
LEGEND
D Project Location
,
._-.
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT Southwestern College Open Air RROJECT DESCRIPTION:
,
C!) APPUCAN;: Farmers Market & Bazaar CONDITIONAL USE PERMIT
PROJECT 900 Olay La kes Road Request Proposal for an open air Farmer.; Mar1cat & Bazaar at
ADDRESS:
SCALE: I FlLE NUMBER: .:>" f'uthwestem College on Saturdays /rom 8:30 am to 1:00 pm,
"',.........."T"., "1_ .....__1_ r""r- 1""11::.""1")
p
---,
Resolution No. 2005-127
c
SOUTHWESTERN COLLeGE
Norma L. Hernandez
Supcrinu:ndcnt/Prcsidcnt
Governing Board
David J. AgOStO
Christine Aranda, Ed.D.
Jean Roesch, Ed.D.
Yolanda Salcido
Terri Valladolid
August 26, 2004
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Sir or Madam:
The purpose of this letter is to introduce David Larson, Mr. Larson will be operating a
Certified Farmers Market and Open Air Bazaar on behalf of Southwestern College
Foundation on Southwestern College property. As operator of the Certified Farmers
Market and Open Air Bazaar, Mr. Larson has Southwestern College's authorization to
obtain any necessary permits, to include a conditional use permit, rrom the City of Chula
Vista.
If you have any questions, please contact Linda Gilstrap.ør Dawn Perez of the
Southwestern College Foundation at 619-482-6497 or 619-482-6426,
Thank you for your assistance,
Sincerely,
~)(.7
Norma 1. Hernandez
S uperintendent/President
NLHlDP
Southwesrcrn Commw1Ìry Collc¡.:c l1isrricr. 900 Orav L¡lœs Road, ChlllJ Vista, CA. 91910-7299·619-482-6301· fax 619-421-0346· pre:sidenr@Swc.cc.ca.us