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HomeMy WebLinkAboutCVRC Reso 2007-005 CVRC RESOLUTION NO. 2007-005 RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION MAKING CERTAIN FINDINGS AND APPROVING CONDITIONAL USE PERMIT PCC-07-047 FOR THE RE-USE OF AN EXISTING BUILDING LOCATED AT 510-520 BROADWAY FOR AN INDOOR LASER TAG ARENA, VIDEO GAME ARCADE AND PARTY ROOMS, WITHIN THE MERGED CHULA VISTA REDEVELOPMENT PROJECT AREA A. RECITALS I. Project Site WHEREAS, the parcel, which is the subject matter of this resolution, is represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description is located at 510-520 Broadway, Chula Vista; and 2. Project; Applications for Discretionary Approval WHEREAS, on January 25, 2007 a duly verified application for a Conditional Use Permit was filed with the City of ChuJa Vista Planning and Building Department on behalf of the RNL Adventures Inc. ("Applicant") for the re-use of an existing building for an indoor laser tag arena, video game arcade and party rooms, within the Merged Chula Vista Redevelopment Project ("Project"); and 3. ChuJa Vista Redevelopment Corporation Record on Application WHEREAS, a hearing time and place was set by the Chula Vista Redevelopment Corporation for consideration of the 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 and residents within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely on April 12,2007 at 6:00 p.m. in the City Council Chambers, 276 Fourth Avenue, before the Chula Vista Redevelopment Corporation and said hearing was thereafter closed; and WHEREAS, the ChuJa Vista Redevelopment Corporation considered all reports, evidence, and testimony presented at the public hearing with respect to the application. CVRC Resolution No. 2007-005 Page 2 B. ENVIRONMENTAL DETERMINATION The proposed project was reviewed for compliance with the California Environmental Quality Act (CEQA) and it has determined that the project qualifies for a Class 1 categorical exemption pursuant to Section 15301 (existing facilities) of the State CEQA Guidelines because the proposed use contains negligible or no expansion of an existing use. Thus, no further environmental review is necessary. C. CONDITIONAL USE PERMIT FINDINGS The Chula Vista Redevelopment Corporation does hereby make the findings required by CVMC 19.14.080 for the issuance of conditional use permits, as herein below set forth, and sets forth, there under, the evidentiary basis that permits the stated findings to be made. 1. 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 use at this location is desirable in that it provides a healthy and safe form of entertainment for children, which will contribute to the general well being of the community. The stated purpose of the applicant to "give children a sense of belonging to something and a place to be with their friends as well as make new friends with similar interests." There are no similar types of laser tag facilities in the city for families to host parties for children. At the proposed facilities, families can host parties for their children as well as enjoy the laser tag facility as a family. 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 facility will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity in that adequate controls will be taken to ensure the security of children. The public health, safety, and welfare is adequately protected by the amount of supervision to ensure the safety of the children located on site. The proposed operation of a laser tag amusement center would in no way endanger members of the community. 3. That the proposed use will comply with the regulations and conditions specified in this title for such use. The proposed use would be required to comply with the regulations of the Municipal Code, and in any case where it does not comply, the CUP is subject to modification or revocation. 4. That the granting of this conditional use will not adversely affect the General Plan of the City or the adopted plan of any government agency. The proposed use will not adversely affect the General Plan of the City. This area of the City is designated the H St. Corridor District by the recently adopted General Plan and is envisioned to be a mix of commercial, office and residential uses. The project site is within the Merged Redevelopment Project Area. The Amended and Restated Redevelopment Plan (2004) for this Project Area defers to the City's General Plan and Zoning Ordinance for land use authority. CVRC Resolution No. 2007-005 Page 3 D. CONDITIONS OF APPROVAL Prior to the issuance of Certificate of Occupancy by the City of Chula Vista for the use of the subject property in reliance upon this approval, the applicant shall satisfy the following requirements: 1. The subject property shall be maintained III substantial conformance with the approved application and plans. 2. Applicant shall submit all final interior and exterior design plans for review and approval prior to the issuance of building permits. 3. The Applicant/Owner shall comply with all applicable federal, state, and local requirements, and in any case where it does not comply, this permit is subject to modification or revocation. 4. This permit shall become void and ineffective if not used or extended within one year from the effective date thereof, in accordance with Section 19.14.600 of the Municipal Code. 5. The video arcade area will designed with a double firewall and common hallway that will separate the use from the neighboring businesses. All walls, both existing and new, will be sealed to the deck to prevent offensive noise and vibration from any indoor or outdoor activity onto adjacent properties or uses, as required by CVMC 19.58.040. 6. There shall be adult supervision (persons 18 years of age or older) at all times. 7. A bicycle rack for at least 10 bicycles shall be provided at or near the main entrance into the establishment. 8. No alcoholic beverages shall be sold or consumed on the premises. 9. The license for the games shall be displayed on the premises. 10. This permit shall be subject to any and all new, modified, or deleted conditions imposed after approval of this 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. 11. The applicant shall and does hereby agree to indenmify, protect, defend, and hold harmless the City, its Council members, officers, employees, agents, and representatives from and against 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 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 without limitation, any and all liabilities arising from the operation CVRC Resolution No. 2007-005 Page 4 of the facility. Applicant shall acknowledge their agreement to this provision by executing a copy of this 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. ~~~ Applicant's Signature 5>2-5-07 Date BUILDING DIVISION CONDITIONS 12. The project must comply with Title 24 (2005 Energy Conservation and 2001 Disabled Access Regulations), 2001 California Building Code (CBC), California Mechanical Code (CMC), California Plumbing Code (CPC) and 2004 California Electrical Code (CEC). 13. One-hour fire resistive construction is required between the A3 occupancy and the B and M occupancy. CBC Section 302.2., Table 3-B. (See exceptions in CBC Section 302). 14. Main and side exits in conformance with CBC Sections ]007.2.] and 1007.2.2 ofshou]d be provided for the Group Division 2.] Occupancies. ]5. All doors and gates, within the exit path of group occupancies to a public way, shall not be provided with latches or locks unless they are equipped with panic hardware. ]6. Provide tactile exit signs per CBC Section ]003.2.8.6. ] 7. Where exit signs are required by CBC Chapter 10, additional approved low-level exit signs which are internally or externally illuminated photo luminescent or self-luminous, shall be provided in all interior rated exit corridors of Group A Occupancies. ] 007.2.8. ]8. Light and ventilation should comply with CBC Sections ]202.] and 1202.2.1. Where mechanical ventilation is provided, not less than ]5 cubic feet per minute (7 Lis) of outside air per occupant should be provided. 19. A Chula Vista Fire Department approved fire alarm system should be installed as set forth in the Fire Code provisions for Group A, Division d 2.] Occupancies per CBC Section 303.9. 20. At least one lavatory for each two restrooms for each sex should be provided and at least one drinking fountain should be provided in accordance with CBC Section 2902.2. All restrooms must be handicap accessible. 2]. Provide at least one drinking fountain in Group occupancies per CBC Section 2902.2. 22. Provide Posting of Room Capacity per CBC Section ]007.2.6. CVRC Resolution No. 2007-005 Page 5 23. The new proposed tenant improvement must fully comply with CBC Chapter lIB Handicap Accessible Requirement. GENERAL SERVICES DEPARTMENT CONDITIONS 24. Each applicant for a land use or building permit shall develop a "Recycling and Solid Waste Management Plan" to the Environmental Services Program Manager for review and approval as a part of the permit process. The Plan shall demonstrate those steps the applicant will take to comply with Municipal Code, including but not limited to Sections 8.24, 8.25 and 19.58.340 and meet the State mandate to reduce or divert at least 50% of the waste generated by all residential, commercial and industrial developments (including demolition and construction phases). 25. The applicant shall contract with the City's franchise hauler throughout the construction and occupancy phases of the project. The "Recycling and Solid Waste Management Plan" features should be identified on the building plans. E. GOVERNMENT CODE SECTION 66020(d)(I) NOTICE Pursuant to Government Code Section 66020(d)(I), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, review, set aside, void or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with this project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. F. 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 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. NOW, THEREFORE, BE IT RESOLVED that the Chula Vista Redevelopment Corporation does hereby approve a resolution approving Conditional Use Permit PCC-07-047, subject to the conditions listed above, for the re-use of an existing building located at 510-520 Broadway for an indoor laser tag arena, video game arcade and party rooms, within the Merged Chula Vista Redevelopment Project. CVRC Resolution No. 2007-005 Page 6 Presented by '-k Approved as to form by Ann Hix Acting Community Development Director ~~)(IJ"r\~.s.\\Cl. \~~ Ann Moore . General Counsel PASSED, APPROVED, and ADOPTED by the Chula Vista Redevelopment Corporation ofthe City of Chula Vista, California, this 12th day of April 2007, by the following vote: AYES: Directors: Castaneda, Lewis, McCann, Paul, Ramirez, Rindone, Rooney, and Cox NAYS: Directors: None ABSENT: Directors: Desrochers ATTEST: 0'J'. VIS'l'. ()~ Ann Hix, Secretary i ~611512005 ~ STATE OF CALIFORNIA ) '*' rf' ~ COUNTY OF SAN DIEGO ) '~ oe<Pf> <>.~O CITY OF CHULA VISTA ) <OPMEN\ CO.... I, Ann Hix, Secretary of the Chula Vista Redevelopment Corporatl Ity ofChula Vista, California, do hereby certify that the foregoing CVRC Resolution No. 2007-005 was duly passed, approved, and adopted by the Chula Vista Redevelopment Corporation at a regular meeting ofthe Chula Vista Redevelopment Corporation held on the 12th day of April 2007. ~ Che;l Co Chai erson Executed this 12th day of April 2007. Ann H~, ""remry d?