HomeMy WebLinkAboutPlanning Comm Rpts./1995/09/06 (6)
PLANNING COMMISSION AGENDA STATEMENT
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ITEM TITLE:
Public Hearing: Conditional Use Permit PCC-95-47; Request to construct
an outdoor amphitheater with seating for 20,000 spectators and on-site
parking for approximately 6,100 cars; and provisions for open air market
operation when the amphitheater is not in use, located at the southwest
quadrant of Otay Valley Road and Otay Rio Road - Bitterlin-Brice
Development Partners for MCA Concerts, Inc.
Planning Commission Resolution PCC-95-47A recommending that Council
grant PCC-95-47 A to Bitterlin-Brice Development Partners for MCA
Concerts, Inc. to construct an outdoor amphitheater with seating for
20,000 spectators and on-site parking for approximately 6,100 cars; and
making certain Findings of Fact relating to the feasibility of mitigation
measures and project alternatives, adopting a Mitigation Monitoring and
Reporting Program and adopting a Statement of Overriding Consideration.
Planning Commission Resolution PCC-95-47B recommending that Council
grant PCC-95-47B to Kobey's Chula Vista Marketplace, LLC., to allow
open air market operations; and making certain Findings of Fact relating
to the feasibility of mitigation measures and project alternatives, adopting
a Mitigation Monitoring and Reporting Program and adopting a Statement
of Overriding Consideration.
Bitterlin-Brice Development Partners is proposing to construct a 20,000 seat capacity
amphitheater in the Otay Rio Business Park located at the southwest quadrant of Otay Valley
Road and Otay Rio Road. They are also proposing to lease out portions of the complex to
Kobey's Marketplace in order to provide for an open air market on certain days of the week
when the amphitheater is not in use. The two land uses are being approved under separate
resolutions. The applicant plans on holding the first concert during the Spring of 1996.
Amphitheaters and open air markets are considered "Unclassified Uses" which can be considered
for location in any Zoning District subject to approval by the Planning Commission and City
Council through the conditional use permit process.
RECOMMENDATION:
Staff recommends that the Planning Commission recommend that the City Council:
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1. Adopt the attached Resolution PCC-95-47A, recommending that the City Council grant
the proposal in accordance with the first Draft City Council Resolution and the findings
and conditions contained therein; and
2. Adopt the attached Resolution PCC-95-47B, recommending that the City Council grant
the request to use amphitheater property as an open air market in accordance with the
second Draft City Council Resolution and the findings and conditions contained therein.
Two separate resolutions-of-approval are included and require separate actions, one for the
amphitheater as a land use and the other one for the open air market as a land use. The two
resolutions are intended to separate the amphitheater and open air market as land uses so that,
if necessary, future code enforcement of one land use or the other is more easily and
expeditiously carried out.
BOARDS/COMMISSIONS RECOMMENDATION: On July 24, 1995, the Design Review
Committee approved the amphitheater design. The minutes from that meeting are attached.
DISCUSSION:
1. Site Characteristics
The site is 72.5 acres in an IL-P (Limited Industrial - Precise Plan) Zone located at the
southwest quadrant of Otay Valley Road (OVR) and Otay Rio Road (ORR) (Exhibits la & Ib).
The property is a portion of the subdivision originally created in 1987 under PCS-87-06/GPA-
87-01lEIR-87-02/PCZ-87-H as Otay Rio Business Park. The property has been graded and
streets, curb, gutter, water and sewer lines and electrical utilities have all been installed to the
otherwise vacant site.
The land slopes sharply upward to the south immediately off-site to Otay Mesa and portions of
the City of San Diego. To the north, the land drops into the Otay River Valley, while to the east
and west intermediate level bluffs parallel the valley, at approximately the same elevation as
Otay Rio Business Park. Topography of the Project Site and surrounding area can be seen in
Exhibit 2.
Desil!n
1. The amphitheater will consist of a main stage, a stage house structure, seating for 10,000
in fixed seats and another 10,000 on a lawn. The complex also includes staging areas,
permanent concessions, first aid medical stations, rest rooms, and parking for
approximately 6,100 automobiles.
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2. Two video wall towers will flank the main stage on either side. A third video wall will
be constructed on the southeasterly facing wall of the stage.
3. The main stage will be approximately 125 feet high and an essential component of the
amphitheater. The stage house, which is a metal structure has a relatively small mass
when viewed in the context of the overall complex.
2. Zoninl!. Land Use and DeveloDment Status
SURROUNDING ZONING. LAND USES & DEVELOPMENT STATUS
Compass
Direction
Site
North
South
East
West
Current
Zoning
IL- P (Limited Industrial)
Fl(Fioodway)
A8 (Agricultural)
S-80 (Open Space)(County)
A8 (Agricultural)
Land U se/
Development Status
Vacant, but w/street improvements
Undeveloped Otay River Valley
Vacant previous agricultural use
Vacant & recreational (shooting range)
Vacant previous agricultural use
The site is surrounded by undeveloped land on all sides with the exception that there is a
shooting range to the east across OVR in the County. To the west is undeveloped abandoned
agricultural land, while to the north is the Otay River. The nearest developed land within Chula
Vista is about 1,500 feet to the north/northwest along Energy Way across Otay River where
heavy industrial uses are located, such as auto dismantling and storage. A recycling facility is
located about 1,000 feet to the northeast in the County just east of the point where Otay Valley
Road turns southeast to cross over Otay River.
The City of San Diego corporate limits are about 750 feet and 1,500 feet to the south and west,
respectively. The City of San Diego has authorized residential land uses to the south and west
on Otay Mesa about t,4 to 1/2 mile from the project boundaries. To date, these residential areas
are undeveloped. Surrounding land uses can be seen in Exhibit 3.
The Chula Vista Corporation Yard may be relocated from its current location on "F" Street and
Woodlawn to an area directly to the west of the amphitheater on approximately 30 acres of land
that is part of the Otay Rio Business Park. The status of the Corporation Yard is, at present,
undecided and a date for the move has not been set.
As presently proposed, the amphitheater operations as well as the open air market would
normally be limited to the evening and weekend hours. Should the Corporation Yard not
relocated, this will have an effect on the potential to attract, and/or the operations of, future uses
on the balance of the Business Park to the west. If site operations expanded to include normal
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business hours, the effect on the balance of the Business Park could become significant,
depending on the scale of the expanded activities.
EIR-95-03 also discusses land uses in Chapter 3.0, Environmental Analysis, beginning on page
3.1-1 and ending on page 3.1-20.
3. ProDosal
Amphitheater: The applicant is proposing to construct an amphitheater with a 20,000 spectator
capacity. As can be seen from Exhibit 4a, the MCA Theater Site Plan, the stage is oriented
toward the northeast with permanent seating for 10,000 patrons in the lower seating portion and
for an additional 10,000 patrons on the lawn above and to the northeast of the permanent
seating. Entrances to the facility will be located at the southeast and northwest comers of the
amphitheater with parking areas surrounding the entire facility. The top of the lawn seating area
will be landscaped along the north and east. Public vehicular access to the amphitheater will be
via Otay Rio Road from Otay Valley Road. Private access will be off the former Spyglass Hill
Road further to the south. Exhibits 4b to 4f show the floor plans, elevations, cross sections and
concept grading plans.
Oven Air Market: When the amphitheater is not in operation, Kobey's Marketplace will operate
an open air market on Saturdays and Sundays (Exhibit 5). The open air market will be set up
in the westerly most parking area (parking Area A) with parking in the southern one-third of the
same lot and in the southern-most parking lot. The operators will utilize an approximately one
acre screened and landscaped storage area along the southern boundary in Parking Area D. This
one acre storage area is shown at the southeast comer of the complex, but through the design
review process, will be relocated, screen and landscaped.
Once it is well established and the demand greater, Kobey's may request from the Zoning
Administrator implementation of Phase II, which is the expansion of the market to sales on
Thursdays and Fridays and using the entire western parking lot for booths. Phase II parking will
go into the southern parking lot, Area D. Access to the open air market will be via the private
road from Otay Valley Road for customers and via Otay Rio Road from Otay Valley Road for
vendors. Vendor parking will be located at the southeast portion of the amphitheater complex.
Phase I of the open air market will accommodate 150 to 300 vendor spaces, while Phase II will
expand to 750 to 1,000 spaces. Vendors may arrive as early as 5:00 a.m. in order to set up,
but customer hours are limited to 7:00 a.m. to 4:00 p.m. when the entire market must vacate
the site, especially on days when there will be a concert in the amphitheater.
For the convenience of the open air market customers, the amphitheater restrooms and
concessions at the northwest portion of the facility will be constructed with east and west facing
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service windows/doors in order to accommodate both land uses. During concerts, the east
windows/doors will be open, and during open air markets the west windows/doors will be open.
This avoids the need to use temporary structures or construct any permanent structures
specifically for the open air market. Along the western edge of Parking Area A, there is also
indicated a "future food and beverage location" which will be utilized by the open air market
operator.
4. Public Forum
On June 22, 1995, a public forum was held at Valle Lindo Elementary School. Approximately
1,500 notices were mailed out inviting area residents to attend. About 25 area residents attended
the forum and brought up a range of issues, which are listed in Attachment 5.
5. Analvsis
MCA Amphitheater: As discussed in the EIR, analysis of the proposed amphitheater has shown
that this land use will function as presented with no negative environmental effects on
surrounding land uses. There is adequate parking on site (::1:6,100 spaces), ingress and egress
from the site will be adequately controlled through an operations plan (Exhibit 6), off-site traffic
controls provide adequate measures for traffic impacts (Oleander A venue will be blocked off
during concerts/events, for instance) and noise and special effects will be monitored and
mitigation measures implemented if necessary to ensure that they do not negatively impact other
future land uses as they may be established closer to the amphitheater.
In staff s opinion, an amphitheater at this location at this time is appropriate for several reasons:
1. The amphitheater site is remote enough from existing incompatible land uses, in
particular residential, given the conditions of approval, that there will be no
adverse effects due to noise, special effects, traffic or parking.
2. The site is easily accessible from all parts of San Diego County.
3. The proposed project conforms to the Chula Vista General Plan by conforming
to and implementing the elements of the General Plan.
4. The site design and operational controls are such as to make ingress and egress,
even for the largest events, flow smoothly and efficiently.
Kobey's Marketplace: Kobey's will be located in the northern two thirds of the western-most
parking lot, with customer parking located in the southern third of the same lot and in the
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southern-most parking lot. Parking is adequate for the proposed market and the hours and days
of operation are appropriate.
If and when Kobey's desires to implement Phase II, they must first submit an application to the
Zoning Administrator to modify the conditional use permit. This will give the Zoning
Administrator the opportunity to review the operational plan and ensure that the open air market
is operating as described. In addition, as a condition of the design review approval for the MCA
Amphitheater, Kobey' s must still obtain design review approval for all signage, structures and
fencing.
For similar reasons as listed above, staff has concluded that an open air market is an appropriate
land use:
1. The open air market site is remote enough from incompatible land uses, in
particular existing and planned residential, that there will be no adverse effects
due to noise, traffic or parking.
2. The site is easily accessible from all parts of the City of Chula Vista.
3. The proposed project conforms to the Chula Vista General Plan by conforming
to and implementing the elements of the General Plan.
4. The site design and operational controls are such as to make ingress and egress
flow smoothly and efficiently.
6. General Plan Conformance and Imulementation
LAND USE ELEMENT
Land Use Element implementation is discussed in the Draft Environmental Impact Report, EIR-
95-03, on pages 3.1-16 to 3.1-20, and, therefore, will not be discussed in detail here other than
to state that the project conforms with and implements the Land Use Element, based on the
analysis found in the EIR. Other elements of the General Plan are discussed below.
CIRCULATION ELEMENT
Otay Valley Road is classified as a Six Lane Major Street from 1-805 to the point where OVR
turns south and crosses the Otay River. This road type has a 128 foot right-of-way with 20 foot
landscaped buffer areas on either side. After turning south it will be a Six Lane Prime Arterial
until it exits Chula Vista at the southern corporate limits. This road type also has a 128 foot
right-of-way with 20 foot landscaped buffer areas on either side.
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The applicant has submitted a detailed operational plan (Exhibit 6) which includes a description
of how patron traffic will be managed during amphitheater events. Exhibits 7a to 7e show
patron ingress, egress and parking patterns for amphitheater events. These have been reviewed
by the City Traffic Engineer, Public Works Department, Police Department and Fire Department
and specific mitigation measures are included in the Environmental Impact Report addressing
emergency access and access to the Corporation Yard.
The MCA project implements the Circulation Element which states in that the amphitheater and
open air market are designed to handle significant ingress and egress peak periods through
adequate roadway infrastructure improvements, striping, and event traffic control.
PUBLIC FACILITIES ELEMENT
Public facilities will be improved as a result of the construction of the amphitheater. The
applicant is required to install appropriate off-site improvements because of their planned
activities in the public right-of-way in order to mitigate traffic impacts (e.g., traffic control,
reversing in-bound and out-bound coning before and after concerts, etc.), and to ensure adequate
and appropriate erosion control measures. These are listed in the draft City Council resolution-
of-approval. By requiring the listed improvements, the project implements the Public Facilities
Element.
NOISE ELEMENT
As part of the EIR, an acoustical analysis was conducted and potential impacts listed. On
May 14, 1995, a concert noise simulation test was carried out. This is discussed in Chapter 3.3
of EIR-95-03 and Appendix C of the Technical Appendices. Buffering/mitigation techniques
have been identified in order to reduce noise impacts emanating from events at the amphitheater
through construction of a noise attenuation wall at the top of the landscaped berm above the
upper lawn seating area.
As can be ascertained from Exhibit 8, the greatest noise impacts will be to the northeast because
of the orientation of the amphitheater in general and the stage and speakers in particular. It was
found that noise drops off substantially to the south and has very little impact due to the
proximity of the bluffs. To the west and northwest the noise drops off very quickly as well, but
not as quickly as it does to the south. However, it should be noted from Exhibit 8 that to the
northeast, several villages on Otay Ranch, once developed, may be impacted.
This is supported by Exhibit 9a and 9b. Exhibit 9a shows the places where noise monitoring
devices were stationed during the simulation and Exhibit 9b is the tabular results of the
simulation. As can be deduced from these two exhibits, the nearest residential area at Point
Robinhood off of Brandywine Avenue will not be impacted. In fact, the next nearest monitoring
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location to Point Robinhood was the Animal Shelter located on Otay Valley Road. It achieved
the same results. The conclusions of the technical study were:
. "Noise levels measured at existing Chula Vista residential areas meet the City of
Chula Vista noise standards, as imposed by the Noise Ordinance."
. "Impacts in presently undeveloped areas that are planned for future residential
development exceed the Chula Vista Noise Ordinance standard, for noise sensitive
uses. "
Based on these conclusions, a sound mitigation monitoring program has been developed which
will indicate if and when noise standards are exceeded because of future development. rf this
occurs, additional noise attenuation techniques will be required as listed in the EIR. The
attenuation techniques include, but are not limited to, construction of an additional noise
attenuation wall, reducing the noise volume from the control room, and redirecting and/or
relocating speakers.
The sound monitoring program requires monitoring of those concerts expected to reach worst
case noise levels as defined in the EIR once development is imminent within the potentially
impacted future residential areas. The monitoring program would be conducted by the City at
the project applicant's expense and would require field measurements at the closest residential
development area within the area of potential impact. Field measurements would occur for those
concert events expected to reach the highest levels of sound (i.e., it would not be necessary to
field measure for acts that are known to be "quiet").
If the monitoring program indicates that impacts to future residents would occur, the applicant
is required to post a bond in an amount equal to 125 % of the estimated cost of constructing a
permanent noise mitigation solution (the current cost estimate for a sound wall is $1,000,000).
Applicant's failure to post such a bond would trigger one or more of the following enforcement
options for the City:
A. The Conditional Use Permit for the facility could be revoked or modified to
ensure permanent mitigation of noise impacts; or
B. Applicant's access rights under its sublease with the City could be suspended
without offsetting the Applicant's rent payment obligation; or
C. City could pursue an injunction to order the placement of bonds.
Applicant would be liable for any costs (including attorney's fees) incurred by the City for
pursuing such remedies.
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After certificates of occupancy are issued for housing within the identified impact areas (which
is when an impact will occur regardless of complaints), the City shall have the right to impose
operational mitigation: noise volumes to be reduced, reorientation of speakers, etc.; all at the
applicant's expense, including continued monitoring.
If operational controls are not successful, as evidenced by the monitoring program, a hearing
will be held where the applicant will be given an opportunity to present evidence that the noise
threshold standards have not been exceeded. If it is determined nonetheless that the thresholds
have been exceeded, the City will impose permanent noise controls as set forth in the EIR.
The reader is referred to the Draft City Council resolution for the MCA Amphitheater where
similar wording is shown as a condition of project approval. For these reasons, the proposal
has been found to comply with the Noise Element and the EIR, and addresses concerns listed
in the letters dated June 20, 1995 from Mrs. D. Saunders and July 22, 1995 from Mr. Raymond
Estrada, both of which expressed concerns related to noise (Exhibit 10).
EASTERN TERRITORffiS AREA PLAN
With the development of the Otay Rio Business Park as an amphitheater, about 300 permanent
and temporary jobs will be created. Kobey's will employ another 20 to 25 employees. This
implements the Eastern Territories Area Plan, which calls for the creation, for the planning area
as a whole, of a balanced community of residential, commercial, and industrial uses, and, to the
extent that employment uses may be more difficult to establish, provides for additional
designations of commercial and industrial land and encourages retention of vacant land for
commercial and industrial uses.
The amphitheater and open air market will ultimately employ approximately 320 to 325
permanent and temporary workers, many of them from the City of Chula Vista. The
amphitheater and open air market will result in the realization of employment potential on a site
which is, at present, unutilized as industrial land.
PARKS AND RECREATION ELEMENT
The amphitheater is proposed to be constructed at a location adjacent to the Otay Valley
Regional Park, part of Chula Vista's greenbelt system of trails and parks that will eventually
encircle the entire City. It is located adjacent to the Chula Vista Greenbelt and is considered
to be a form of commercial recreation compatible with the adjoining regional park and other
surrounding properties. This presents the opportunity to maximize the land as a commercial
entertainment facility in proximity to a major park feature in Chula Vista. To that extent, the
construction of the amphitheater complex implements the Parks and Recreation Element.
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In addition, commercial parks and recreation activities should be sited to be accessible to
residents, but adequately screened or separated from residential areas or other sensitive areas.
The amphitheater and open air market will have good, relatively close freeway and secondary
roadway access, as well as adequate separation from existing and future residential
developments. The topography of the project site also aids in buffering noise impacts to
sensitive receptors in the area. The non-linear landscaping in the northern-most parking lot will
act as a transition between the Otay Valley Regional Park and the amphitheater complex.
7. Zoninl! Ordinance Conformance
Since amphitheaters and open air markets are considered "Unclassified Uses," they can be
located in any zoning district in the City with approval from the Planning Commission and the
City Council. Having obtained approval of the conditional use permit, the use is considered to
conform to the Zoning Ordinance.
A number of conditional use permit-related issues came up at the public forum on June 22,
1995. These issues are discussed in more detail as follows:
Auto-Related
Amphitheater Access
. Widening of Heritage Road in the City of San Diego to the south is not needed
for amphitheater to function properly. Minimal traffic is expected to use Heritage
Road for concert events, and that which does can be handled by the existing roads
going south from the amphitheater site.
. Oleander will be blocked off except for area residents.
. Brandywine is a Circulation Element Street, a four lane collector, and is expected
to handle about 4% of the amphitheater traffic.
Parking
. The amphitheater complex will provide parking for about 6,100 vehicles, which
exceeds the Zoning Ordinance requirement of one space per 3.5 seats of
maximum capacity. The Zoning Ordinance normally requires 5,714 parking
spaces (20,000/3.5=5,714). Approximately 250 to 300 of the overall number of
stalls will be for compact parking. In addition to exceeding the requirements by
the Zoning Ordinance, the applicant has stated that their experience has shown
that a ratio of 1 parking space per 3.5 seats is adequate.
Street Improvements
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. Otay Valley Road is currently being widened to meet General Plan specifications
for a Four Lane Major Road. Once all improvements are in, this will
accommodate the amount of anticipated traffic to and from the amphitheater.
. In addition to the widening, CALTRANS will eventually install signals at both
the OVR and Orange Avenue interchanges with 1-805. The signal at OVR is
scheduled to be in operation by November 1, 1995, while the signal at Orange
Avenue is scheduled to be in operation in the spring of 1996.
. Improvements will also be made from the bridge over the Otay River to the
project entry at the expense of MCA.
Traffic
. There has been concern over traffic flow to and from the amphitheater, how this
would be handled, and its impact on surrounding neighborhoods in Chula Vista.
At the public forum it was explained that there will be a number of steps taken
to ensure that traffic going to and coming from the amphitheater is accommodated
in as efficient and timely manner as possible, resulting in very little impact on
residential areas.
The applicant submitted a detailed operational plan indicating ingress and egress,
coordination of incoming and exiting traffic, and details about security.
The traffic study shows that most patrons will come to the amphitheater by
driving south on 1-805, exiting at OVR and driving east to the site. Some traffic
will exit at Orange and come south down Brandywine, some will come by way
of I-5/Main Street, and some will drive north on 1-805 and exit at OVR.
Minimal traffic will come north on Heritage Road from 1-905. All traffic must
eventually use OVR to get to the amphitheater.
Inbound Traffic: To ensure a constant, non-stop traffic flow to the amphitheater
from the south bound off ramp at OVR and 1-805, improvements will be made
to the off ramp by striping for three lanes: I) exclusive left turn lane, 2) left
turn/through/right turn lane, and 3) exclusive right turn lane. During
amphitheater events, the exclusive lanes 1) and 2) will be used for left turn only
and lane 3) for right turns only. In addition, the traffic signals on either side of
1-805 will be manually controlled to give preference to inbound traffic so that
there is no back up onto 1-805.
Some traffic will exit at Orange Avenue from southbound 1-805. All traffic using
this route will be directed to Brandywine Avenue. Since Brandywine is a
Circulation Element street, it was constructed to General Plan standards as at
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Class I Collector. It is anticipated that approximately 4 % of the total traffic
going to the amphitheater will use Brandywine Avenue.
To ensure minimal disruption to the residential area fronting on Oleander Avenue,
this street will be blocked off during amphitheater events. Only residents of the
area, their guests or those having legitimate business in the area, such as delivery
businesses, will be allowed to enter Oleander A venue during events.
Traffic personnel will be situated at strategic locations along OVR from the 1-805
interchange to the parking area. All along the way, amphitheater patrons will be
directed by amphitheater personnel or law enforcement personnel. Once OVR
turns south to cross the bridge, the four lane bridge will be marked so that three
lanes go into the amphitheater complex and one lane out. Details of the in-flow
at OVR and ORR are attached as Exhibits 7a to 7d in the staff report.
Outbound Traffic: After an event, the tlrree inbound lanes will be reversed so that
traffic will exit in tlrree outbound lanes toward 1-805. The same precautions will
be taken so far as traffic control personnel being available to direct traffic and
keep it flowing as smoothly as possible and at appropriate speeds. Exhibit 7e in
the staff report shows the pattern for outbound traffic.
Much of the foregoing is discussed in the Draft EIR (DEIR) and the Traffic
Study. Please refer to the Mitigation Measures and Event Monitoring Program
(EMP) on pages 3.2-23 to 3.2-27 for details in the DEIR.
Accessibilitv
. In response to why the site was chosen, the project proponents made the point
that over the past several years they have undertaken a lengthy study of San
Diego County for an appropriate location of an amphitheater. This site, they
found, is highly accessible, being 45 minutes from the farthest extent of City of
San Diego, has relatively few environmental impacts, and is not surrounded by
or in close proximity to incompatible land uses.
Otav Vallev Rel!ional Park
. The Otay Valley Regional Park immediately abuts the project's northern property line.
To ensure that the project naturally blends with the Regional Park to the extent possible,
the landscaping and placement of trees in Parking Area B has been designed with
nonlinear angles so that when viewed from the north side of the Otay River, this edge
of the project tends to blend with the river valley.
. As part of the Regional Park, the trail system also passes along the project's northern
property line. This may eventually allow pedestrian and bike access to the amphitheater.
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This may necessitate an access point in the northern fence line. These issues will be
addressed in more detail when the Regional Park is established.
Amnhitheater Operations
. The amphitheater will be staffed full time and operate during regular working hours for
the purpose of scheduling events, selling tickets and doing general office-type work. On
event days, about 300 temporary employees will be hired to do traffic control, security,
retail sales, etc. These personnel will be on-site earlier in the day and assigned their
tasks.
. The types of events which can occur at the amphitheater, besides the concerts scheduled
by MCA, include concert and theater events held by local promoters, City and
community events such as high school graduations and symphonies by various orchestras.
. Beer is intended to be sold at MCA-sponsored events.
. The maximum number of MCA events per year is listed as 60 in both the EIR and the
CUP application. It is expected that anywhere from four to six MCA-sponsored events
per year will be 20,000 patron sell-outs. The average attendance is expected to be 9,000
patrons for all 60 events. Most events will be during the evening and will begin between
7:30 p.m. and 8:00 p.m.. The events can happen any day of the week, but will mostly
occur on weekends.
Securitv /Emerl!encv Resnonse
. Emergency access will be provided through an emergency lane and appropriate traffic
control methods. Emergency vehicles will be given preference if going to an emergency
on Otay Valley Road during an event at the amphitheater.
. MCA will hire off-duty police to help with security at no cost to the City.
. MCA will provide security in the parking lots during concerts.
Transit
. The City may provide transit from the trolley stations and other areas of Chula Vista.
This is to be negotiated at a later date and is a condition of project approval and
implementation.
8. Land Use Comnatibilitv
As mentioned earlier in this report, the surrounding land is undeveloped with the exception that
there is a shooting range to the southeast in the County. Because of the generally undeveloped
character of the area, the amphitheater and open air market are considered to be precedence
setting land uses around which other compatible uses will be established over time.
9. Conclusion
(m:\home\planning\martin\mca\9547pc.rpt)
Page 14, Iteml
Meeting Date 09/06/95
Staff has concluded that the MCA Amphitheater and Kobey's Marketplace in Chula Vista are
appropriate land uses given the circumstances of the site and surrounding areas, the conditions
of approval, and the implementation and operational plans. Staff concludes that the proposed
land uses conform to the General Plan and, as conditioned, will not conflict with surrounding
or nearby land uses. Therefore, staff is recommending conditional approval of both the
amphitheater and open air market. The open air market will be reviewed by the Zoning
Administrator each year for two years after it opens to ensure that it is operating as proposed.
Attachments
1. Commission and Draft Council Resolutions
2. Exhibit Ia: Vicinity Map
Exhibit 1 b: Locator Map
Exhibit 2: Topographic Map Showing Site in Relation to Surrounding Topographic Conditions
Exhibit 3: Surrounding Land Uses
Exhibit 4a: MCA Amphitheater Site Plan
Exhibit 4b: Floor Plan Indicating Elevation & Cross Section Locations
Exhibit 4c: Cross Section A
Exhibit4d: MCA Amphitheater Elevations A & B
Exhibit 4e: Additional MCA Amphitheater Elevations
Exhibit 4f: Concept Grading Plan
Exhibit 5: Kobey's Marketplace in Chula Vista Site Plan and Operating Plan
Exhibit 6: Operations Analysis for Parking and Circulation
Exhibit 7a to 7e Ingress/Egress Plans for the MCA Amphitheater
Exhibit 8 Noise Contour Map
Exhibit 93 MCA Amphitheater Noise Monitoring Locations
Exhibit 9b MCA Amphitheater Tabular Results of Noise Test by Monitoring Location
Exhibit lOa Letter dated June 20. 1995 from Mrs. D. Saunders
Exhibit lOb Letter dated July 22, 1995 from Mr. Estrada
3. DRC minutes
4. Disclosure Statement
5. Public Forum Subject Outline
6. EIR-95-03 Findings of Fact
7. EIR-95-03 Mitigation Monitoring and Reporting Program
8. EIR-95-03 Statement of Overriding Considerations
Enclosures
Project Bluelines
(m;\home\planning\manin\mca\9547pc.rpt)
Attachment 1
Commission and Draft
Council Resolutions
RESOLUTION NO. PCC-95-47A
A RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL
GRANT A CONDITIONAL USE PERMIT, PCC-95-47, TO
BITTERLIN-BRICE DEVELOPMENT PARTNERS, AGENTS FOR
MCA CONCERTS, INC., TO ALLOW CONSTRUCTION AND
OPERATION OF A 20,000 SEAT CAPACITY AMPffiTHEATER
AT THE SOUTHWESTERN QUADRANT OF OTAY VALLEY
ROAD AND OTAY RIO ROAD
WHEREAS, a duly verified application for a conditional use permit was filed with the City of
Chula Vista Planning Department on May 23, 1995 by Bitterlin-Brice Development Partners, Agents for
MCA Concerts, Inc., ("Applicant"); and
WHEREAS, said application requested that the Applicant be permitted to construct and operate
a 20,000 seat capacity amphitheater ("Project") at the southwest quadrant of Otay Valley Road and Otay
Rio Road ("Project Site"); and
WHEREAS, the Planning Director set the time and place for a hearing on said 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 mailing to property owners within an area greater
than 1,000 feet of the exterior boundaries of the property at least 21 days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely September 6, 1995
at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said
hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby finds
that the project will have no significant environmental impacts and c:ertifies the Environmental Impact
Report, EIR-95-03.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION hereby recommends
City Council approval in accordance with the attached draft City Council Resolution for the Project,
subject to the findings and conditions contained therein.
BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the applicant and
the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALlFORNrA, this day 6th day of September 1995 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
William C. Tuchscher II, Chair
Nancy Ripley, Secretary
M:\home\planning\martin\mca\9547apc.res
RESOLUTION NO. PCC-95-47B
A RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL
GRANT A CONDITIONAL USE PERMIT, PCC-95-47, TO
BlTTERLIN-BRICE DEVELOPMENT PARTNERS FOR KOBEY'S
SWAP MEETS TO ALLOW AN OPEN AIR MARKET AT THE
SOUTHWESTERN QUADRANT OF OTAY VALLEY ROAD AND
OTAY RIO ROAD
WHEREAS, a duly verified application for a conditional use permit was filed with the City of
Chula Vista Planning Department on May 23, 1995 by Bitterlin-Brice Development Partners for Kobey's
Swap Meets ("Applicant"); and
WHEREAS, said application requested that the Applicant be permitted to operate an open air
market ("Project") at the southwest quadrant of Otay Valley Road and Otay Rio Road ("Project Site");
and
WHEREAS, the Planning Director set the time and place for a hearing on said 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 mailing to property owners within an area greater
than 1,000 feet of the exterior boundaries of the property at least 21 days prior to the hearing: and
WHEREAS, the hearing was held at the time and place as advertised, namely September 6, 1995
at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Conunission and said
hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby finds
that the project will have no significant environmental impacts and certifies the Environmental Impact
Report, EIR-95-03.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION hereby reconunends
City Council approval in accordance with the attached draft City Council Resolution for the Project,
subject to the findings and conditions contained therein.
BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the applicant and
the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this day 6th day of September 1995 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
William C. Tuchscher II, Chair
Nancy Ripley. Secretary
M:\home\planning\manin\mca\9547apc.res
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA GRANTING A CONDITIONAL USE PERMIT, PCC-95-47, TO
BITTERLIN-BRICE DEVELOPMENT PARTNERS FOR MCA
CONCERTS, INC. TO CONSTRUCT A 20,000 SEAT CAPACITY
AMPHITHEATER AT THE SOUTHWEST QUADRANT OF OTAY
VALLEY ROAD AND OTAY RIO ROAD
I. RECITALS
A. Project Site
WHEREAS, the property which is the subject matter of this resolution is
diagrammatically represented in Exhibit A attached hereto and incorporated herein
by this reference, and commonly known as Phase I of the Otay Rio Business
Park, and for the purpose of general description herein consists of 72.5 acres of
land located at the southwest quadrant of Otay Valley Road and Otay Rio Road
("Project Site"); and,
B. Project Applicant
WHEREAS, on May 23, 1995 a duly verified application for a conditional use
permit (PCC-95-47) was filed with the City of Chula Vista Planning Department
by Bitterlin-Brice Development Partners for MCA Concerts, Inc.("Applicant");
and,
C. Project Description; Application for Conditional Use Permit
WHEREAS, Applicant requests permission to construct a 20,000 seat capacity
amphitheater consisting of structures to accommodate the seating of a maximum
of 20,000 patrons, plus performers and support personnel, and parking for
approximately 6,100 vehicles ("Project") on the Project Site; and,
D. Public Forum Record on Application
WHEREAS, a public forum was held on June 22, 1995 for area residents to
introduce to them the proposed land use and its impacts; and,
E. Resource Conservation Commission Record on Application
WHEREAS, the Resource Conservation Commission considered EIR-95-03 on
July 10, 1995 and voted 4-1 to accept its adequacy; and,
F. Planning Commission Record on Application
Resolution No.
Page #2
WHEREAS, the Planning Commission held an advertised public hearing on the
Project on September 6, 1995 and voted _-_ to recommend that the City
Council approve the Project in accordance with Planning Commission Resolution
PCC-95-47 A; and,
G. City Council Record of Application
WHEREAS, a duly called and noticed public hearing on the Project was held
before the City Council of the City of Chula Vista on September 26, 1995 to
receive the recommendation of the Planning Commission, and to hear public
testimony with regard to same.
NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find,
determine and resolve as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence on the Project introduced before the Planning
Commission at their public hearing on this project held on September 6, 1995, and the
minutes and resolution resulting therefrom, are hereby incorporated into the record of
this proceeding.
III. ENVIRONMENTAL DETERMINATION
The Environmental Review Coordinator has concluded that the Project is subject to
Article 7 of the California Environmental Quality Act ("CEQA"), thus requiring the
preparation, review and certification of said Environmental Impact Report, EIR-95-03.
IV. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council hereby certifies Environmental Impact Report, EIR-95-03, and, as
required by the Public Resources Code Sections 21081.6, City Council also hereby
adopts the Mitigation Monitoring and Reporting Program ("Program") incorporated
herein by reference and as if set forth in full for EIR-95-03.
V. CEQA FINDINGS
A. Adoption of Environmental Impact Report Findings - After its independent
review, the Council does hereby approve, accept as its own, and incorporate as
if set forth full herein, and make each and every one of the CEQA Findings as
found in Environmental Impact Report, EIR-95-03.
B. Adoption of the Mitigation Monitoring Program - The City Council finds that the
Program is designed to ensure that during the project implementation and opera-
Resolution No.
Page #3
tion, the Applicant and other responsible parties implement the project
components and comply with the feasible mitigation measures identified in the
Findings and in the Program.
C. Statement of Overriding Considerations - The City Council finds that the
Statement of Overriding Considerations has been prepared in accordance with the
requirements of the California Environmental Quality Act, the State EIR
Guidelines, and the Environmental Review Procedures of the City of Chula Vista.
VI. INCORPORATION OF ALL FEASIBLE MITIGATION MEASURES
The City Council does hereby adopt and incorporate herein as conditions for all
approvals herein granted all mitigation measures identified by EIR-95-03 and in the
Mitigation Monitoring and Reporting Program for the MCA Chula Vista Amphitheater
which it has determined to be feasible in the approval of the Conditional Use Permit,
PCC-95-47.
VII. 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
hereinbelow set forth, and sets forth, thereunder, the evidentiary basis that permits the
stated findings to be made.
A. That the proposed use at the 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 amphitheater is desirable in that the proposed facility will provide a venue
for cultural, artistic and community events. The holding of such events will increase the
educational and entertainment opportunities for the residents of Chula Vista.
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 operational plan of the proposed amphitheater indicates that traffic going to or
coming from events at the Project Site will not have negative impacts to the health, safety
or general welfare of persons residing or working in the vicinity or be injurious to
property or improvements in the vicinity in that only Circulation Element streets will be
used as avenues of access to the Project Site. At present, lands within the City of Chula
Vista surrounding the Project Site are undeveloped. The land itself is of adequate size
Resolution No.
Page #4
for the proposed Project and isolated from established residential land uses. The
proposed amphitheater will also be appropriately landscaped.
In addition, noise impacts have been assessed and will not, due to required mitigation
measures and a monitoring program, have negative impacts to the health, safety or
general welfare of persons residing or working in the vicinity of the amphitheater in that
a monitoring program has been set up which will alert the City and Applicant of any
potential noise problems.
C. That the proposed use will comply with the regulations and conditions
specified in the code for such use.
Conditional Use Permit PCC-95-47 is conditioned to require the permittee and property
owner to fulfill conditions and to comply with all the applicable regulations and standards
specified in the Municipal Code for such use.
The conditioning of PCC-95-47 is approximately proportional both in nature and extent
to the impact created by the proposed development in that the conditions imposed are
directly related to and are of a nature and scope related to the size and impact of the
project.
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 government agency.
The granting of PCC-95-47 will not adversely affect the Chula Vista General Plan nor
the plans or policies of neighboring jurisdictions in that: 1) Said project will comply
with applicable noise and traffic standards and is proposed to be built on a site already
partially developed and containing public facilities (water, sewer, etc.); 2) surrounding
land uses are compatible with the proposed amphitheater; and 3) said proposed use also
conforms with the General Plan in that this conditional use permit has been properly
executed and duly adopted.
VIII. TERMS OF GRANT OF PERMIT
The City Council hereby grants Conditional Use Permit PCC-95-47 subject to the
following conditions whereby the applicant and/or property owner shall:
A. Construct the Project as submitted to and approved by the City, except as
modified herein and/or as required by the Municipal Code.
B. Provide the number of parking spaces as shown on the approved MCA
Amphitheater site plan, but in no case less than 5,714 spaces per the requirements
of the Municipal Code (20,000/3.5=5,714).
Page #5
Resolution No.
C. Prior to the submittal of building permit applications, submit a landscape plan to
the Landscape Architect for review and approval which shows landscaping that
will visually enhance aesthetics of the proposed amphitheater through a creative
plant palette and placement of plants at non-angular patterns. The landscape plan
shall avoid rectangular patterns. Said landscaping shall be installed prior to
issuance of any occupancy permit and shall be maintained in perpetuity to the
satisfaction of the Director of Planning.
D. Comply with and implement the following conditions as related to noise, pursuant
to the requirement for Mitigation Measures listed in the Chapter 3.3, Noise, of
EIR-95-03:
1. When development of land within the potentially impacted future
residential areas is imminent, as defined by the developer's execution of
a subdivision improvement agreement and posting of subdivision bonds or
other security as required thereby, a sound monitoring program will be
implemented during a concert season(s) in which at least one concert is
scheduled that is anticipated to reach the worst case levels identified in the
EIR. The monitoring program would be conducted by the City at the
project applicant's expense and would require field measurements at the
closest residential development area within the area of potential impact.
Field measurements would occur for those concert events expected to
reach the highest levels of sound. (i.e., it would not be necessary to field
measure for acts that are known to be "quiet").
2. If the monitoring program indicates that impacts to future residents would
occur, the applicant shall post a bond or other security acceptable to the
City in its sole discretion, in an amount equal to 125% of the estimated
cost of constructing a permanent noise mitigation solution (the current cost
estimate for a sound wall, which is one possible mitigation measure, is
$1,000,000). Applicant's failure to post such a bond would trigger one
or more of the following enforcement options for the City:
a. The Conditional Use Permit for the facility could be revoked or
modified to ensure permanent mitigation of noise impacts; or
b. Applicant's access rights under its sublease with the City could be
suspended without offsetting the Applicant's rent payment
obligation; or
c. City could pursue an injunction to order the placement of bonds.
Applicant would be liable for any costs (including attorney's fees) incurred
by City in pursuing such remedies.
Resolution No.
Page #6
3.
After certificates of occupancy are issued for housing within the identified
impact areas (which is when monitoring indicates that the Noise Ordinance
is being violated), the City shall have the right to impose operational
mitigation: noise volumes to be reduced, reorientation of speakers, etc.;
all at the applicant's expense, including continued monitoring until the
mitigation is deemed effective by the City.
4.
If operational controls are not successful, as evidenced by the monitoring
program, a hearing will be held where applicant will be given an
opportunity to present evidence that the noise threshold standards have not
been exceeded. If it is determined nonetheless that the thresholds have
been exceeded, the City will impose permanent noise controls as set forth
in the EIR.
E. To the satisfaction of the Zoning Administrator, install bicycle parking for a
minimum of 100 bicycles. Said bicycle parking shall be installed at such time as
safe and adequate bicycle access to the amphitheater exists, in the opinion of the
Zoning Administrator. Said bicycle parking areas shall be located in proximity
to each main entrance.
F. Notify the City Council of all shows that include special effects, including but not
limited to, fireworks presentations and laser/light shows, a minimum of thirty
(30) days prior to the event/show, and pay the appropriate fee for review and
approval of said application by City staff, and obtain all necessary permits from
the Fire Department. Depending on the nature of the special effects, and at the
sole discretion of the City Council, a notice may be required of the applicant
notifying all property owners and tenants within one (1) mile of the boundary of
the Project Site.
Upon establishment of a regular pattern of complaints, the City Council may
determine to:
1. Suspend special effects on an event-by-event basis;
2. Require modification of the special effects; or
3. Allow the special effects to proceed as planned.
G. For the life of the amphitheater, review the consistency of actual operations with
the operational parameters considered in the Environmental Impact Report and
Conditional Use Permit with the Zoning Administrator, Police Department, Fire
Department and Public Works Department on the anniversary date after the
opening of operations. Said review shall result in a report prepared by the
amphitheater operator to the Zoning Administrator which shall address such issues
Resolution No.
Page #7
as traffic impacts, adequacy of parking, ingress/egress, hours of operation,
coordination with open air market operations, etc. The Zoning Administrator
shall, at his/her sole discretion, determine whether or not the operations are
materially consistent with the nature and intensity of the operational parameters
used to evaluate the project in the Environmental Impact Report and Conditional
Use Permit. If the operational profile is deemed inconsistent and more impactive
than originally expected, the Zoning Administrator may require review and/or
modification of conditions via additional environmental review and/or a formal
modification to the Conditional Use Permit.
H. Prior to opening for operations, be the lead party in forming an Events Planning
and Coordination Task Force, in cooperation with the Chula Vista Police
Department, Fire Department, Public Works Department, Planning Department
and Community Development Department. Said Task Force's objective shall be
to develop an Events Plan which addresses traffic control, security, emergency
response, special effects and so on, and to implement same to the satisfaction of
the City.
I. Provide all traffic control management to the satisfaction of the Chief of Police
and the City Engineer.
J. During concerts/events, provide all necessary steps to assure expeditious
access/preference to City of Chula Vista Public Works Department personnel who
have been called on an emergency basis to the City's Corporation Yard, and
coordinate ingress to and egress from the Corporation Yard with the Police
Department and other affected agencies, to the satisfaction of the Chief of Police
and the City Engineer.
K. For the life of the amphitheater, provide press information to the radio media on
concert/event days to in order to alert drivers on 1-805/1-905/1-5, or any future
freeway which may be used by amphitheater patrons.
L. Prior to obtaining any building permit, comply with the following, to the
satisfaction of the City Engineer:
1. Submit a grading plan prepared by a registered civil engineer to the City
Engineer for review and approval;
2. Obtain a grading permit; and
3. Submit pad certification to the City Engineer with respect to the pad for
which the permit is being obtained.
Resolution No.
Page #8
M. Prior to framing and/or electrical inspection of any structures on the Project Site,
comply with the following, to the satisfaction of the City Engineer:
1. Submit to the City Engineer for review and approval improvement plans
for street widening, curbs, gutters, sidewalks, street lights and raised
medians, all of which shall be prepared by a registered civil engineer;
2. Obtain a construction permit from the City Engineer; and
3. Dedicate adequate right-of-way for the widening of all affected streets in
or around the project.
N. Prior to preforming any work in the City right-of-way, obtain a construction
permit from the City Engineer.
O. To the satisfaction of the City Engineer as he/she determines necessary or
appropriate to mitigate traffic impacts from the project, implement the following:
1. Install continuous roadway lighting on all roadways associated with the
Project, including but not limited to, Otay Valley Road, Otay Rio Road,
and all internal roadways within the Project.
2. Install a traffic signal at Otay Rio Road and Otay Valley Road, or the
southerly private road (formerly Spyglass Hill Road), as deemed necessary
by the City Engineer.
3. Apply special striping, delineation and signing to all streets and roadways
affected by Project traffic, including vehicular, bicycle and pedestrian.
4. Provide an all-weather access road to the potential Corporation Yard to
the west and install a gate at the northeast corner of the Project site
complete with a knox box for use by the Public Works Department for
exclusive access to the Corporation Yard. Said gate shall conform to all
specifications detailed by the City Engineer. Additionally, the developer
shall obtain and grant to the City an access easement to utilize the gate
and road.
P. Prior to the first event, schedule a security survey with the Chula Vista Police
Department, Crime Prevention Unit, and implement the suggestions of said
survey in order to enhance the security of the facility.
Q. To the satisfaction of the Fire Marshal, provide an adequate entry plan for all
areas with vehicular access and which are gated, roped off or otherwise
impassable. Said plan may include but not be limited to providing knox boxes
Resolution No.
Page #9
at appropriate locations, or a lock and chain capable of being cut with bolt
cutters.
R. Comply with and implement all requirements of the Fire Marshal as related to
conforming with the Uniform Fire Code and applicable Municipal Code
requirements.
S. To the satisfaction of the Fire Marshall, develop and implement a Pre-fire and
Emergency Medical Plan for emergency services during concerts/events. Said
plan shall require the posting of at least one paramedic unit and standby Fire
Department personnel at the amphitheater during a concert/event and the
backfilling of said paramedic unit and/or standby Fire Department personnel if
called upon to transport patients during an event or respond to other emergencies.
Said plan shall also provide for training of amphitheater personnel in basic
firefighting and first aid.
T. Comply with and implement all requirements of the Director of the Building and
Housing Department as related to conforming with the Uniform Building Code.
U. Comply with and implement all provisions related to Title 24 (Part II), Disabled
Access, to the satisfaction of the Director of Building and Housing.
V. Prior to obtaining any building permit, pay all applicable fees to the Chula Vista
Elementary School District and Sweetwater Union High School District, or
participate in alternative financing mechanisms, to the satisfaction of each
respective school district.
W. Comply with all City ordinances, standards, and policies except as otherwise
provided in this Resolution. Any violation of City ordinances, standards, and
policies, or of any condition of approval of this Conditional Use Permit, or of any
provision of the Municipal Code, as determined by the Director of Planning, shall
be grounds for revocation or modification of this Conditional Use Permit by the
City of Chula Vista.
X. Prior to issuance of a certificate of occupancy, enter into an agreement with the
City, in a form approved by the City Attorney, whereby the Applicant shall agree
to:
1. Indemnify and hold the City harmless from and against any and all
damages, liabilities, claims and costs arising directly or indirectly from
Applicant or third party conduct at or around the facility in connection
with Applicant sponsored events; and
Resolution No.
Page #10
2.
Name the City as an additional insured on any policies of insurance
intended to insure Applicant against such damages, liabilities, claims and
costs.
Y. 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 can not, in
the normal operation of the use permitted, be expected to economically recover.
Z. 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.
IX. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The property owner and the applicants 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 applicants, and a signed, stamped copy returned to the Planning
Department. Failure to return a signed and stamped copy of this recorded document within
thirty days of recordation to the Planning Department shall indicate the property
owner's/applicants' desire that the project, and the corresponding application for building permits
and/or a business license, be held in abeyance without approval.
Signature of Property Owner
Date
Signature of Representative of
Bitterlin- Brice Development Partners
Date
Signature of Representative of
MCA Concerts, Inc.
Date
X. NOTICE OF DETERMINATION
The City Council directs the Environmental Review Coordinator to post a Notice of
Determination and file the same with the County Clerk.
Resolution No.
Page #11
XI. 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.
Presented by
Approved as to form by
Robert A. Leiter
Director of Planning
Bruce M. Boogaard
City Attorney
M:\home\planning\manin\mca\9547mca.res
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PROJECT
LOCATION
EXHIBIT "A"
.
-
.- - ~. ,~....-. .._~ .,.-
. 0 ay Valley Rd.
"'~
--
CHULA VISTA PLANNING DEPARTMENT
LOCATOR ~: MCA Amphitheater fIIOaCT~,"-'":
C9 CONDITIONAL USE PERMIT
~. OIay Vall-r Rd. Request: To collllNd an outdoor ornphitheatw
. South of Olav Itiver wIth....ng fDr aFF...d.naMty 20,000 ....,:I.....,..
SCAlI: PI! ..-.
NORTH NO SCALE pee.95."
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA GRANTING A CONDITIONAL USE PERMIT,
PCC-95-47, TO KOBEY'S CHULA VISTA MARKETPLACE,
LLC., TO OPERATE AN OPEN AIR MARKET AT THE
SOUTHWEST QUADRANT OF OTAY VALLEY ROAD AND
OTAY RIO ROAD
I. RECITALS
A. Project Site
WHEREAS, the parcel which is the subject matter of this resolution is
diagrannnatically represented in Exhibit A attached hereto and incorporated herein
by this reference, and commonly known as the Otay Rio Business Park, and for
the purpose of general description herein consists of 72.5 acres of land located
at the southwest quadrant of Otay Valley Road and Otay Rio Road and in the
western-most parking lot of the proposed MCA Amphitheater ("Project Site"), the
principal land use; and,
B. Project Applicant
WHEREAS, on May 23, 1995 a duly verified application for a conditional use
permit (pCC-95-47) was filed with the City of Chula Vista Planning Department
by Bitteriin-Brice Development Partners for Kobey's Chula Vista Marketplace,
LLC., ("Applicant"); and,
C. Project Description; Application for Conditional Use Permit
WHEREAS, Applicant requests permission to operate an open air market
("Project") on the Project Site as a secondary use to the principal land use as the
MCA Amphitheater; and,
D. Public Forum Record on Application
WHEREAS, a public forum was held on June 22, 1995 for area residents to
introduce to them the proposed land use and its impacts; and,
E. Resource Conservation Commission Record on Application
WHEREAS, the Resource Conservation Commission considered EIR-95-03 on
July 10, 1995 and voted 4-1 to accept its adequacy; and,
F. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on the
Project on September 6, 1995 and voted _-_to recommend that the City
Resolution No.
Page #2
Council approve the Project in accordance with Planning Commission Resolution
PCC-95-47B; and,
G. City Council Record of Application
WHEREAS, a duly called and noticed public hearing on the Project was held
before the City Council of the City of Chula Vista September 26, 1995 to receive
the recommendation of the Planning Commission, and to hear public testimony
with regard to same.
NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find,
determine and resolve as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence on the Project introduced before the Planning
Commission at their public hearing on this project held on September 6, 1995, and the
minutes and resolution resulting therefrom, are hereby incorporated into the record of
this proceeding.
III. ENVIRONMENTAL DETERMINATION
The Environmental Review Coordinator has concluded that the Project is subject to
Article 7 of the California Environmental Quality Act ("CEQA"), thus requiring the
preparation, review and certification of said Environmental Impact Report, EIR-95-03.
IV. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council hereby certifies Environmental Impact Report, EIR-95-03, and, as
required by the Public Resources Code Sections 21081.6, City Council also hereby
adopts the Mitigation Monitoring and Reporting Program ("Program") incorporated
herein by reference and as if set forth in full for EIR-95-03.
V. CEQA FINDINGS
A. Adoption of Environmental Impact Report Findings - After its independent
review, the Council does hereby approve, accept as its own, and incorporate as
if set forth full herein, and make each and every one of the CEQA Findings as
found in Environmental Impact Report, EIR-95-03.
B. Adoption of the Mitigation Monitoring Program - The City Council finds that the
Program is designed to ensure that during the project implementation and opera-
tion, the Applicant and other responsible parties implement the project
components and comply with the feasible mitigation measures identified in the
Findings and in the Program for the open air market.
Resolution No.
Page #3
C. Statement of Overriding Considerations - Even after the adoption of all feasible
mitigation measures and any feasible alternatives, certain significant or potentially
significant environmental effects caused by the Project, or cumulatively, will
remain. Therefore, the City Council of the City of Chula Vista hereby issues,
pursuant to CEQA Guidelines Section 15093, the Statement of Overriding
considerations in identifying the specific economic, social and other
considerations that render the unavoidable significant adverse environmental
effects acceptable.
VI. INCORPORATION OF ALL FEASIBLE MITIGATION MEASURES
The City Council does hereby adopt and incorporate herein as conditions for all
approvals herein granted all mitigation measures identified by EIR-95-03 for the open air
market which it has determined to be feasible in the approval of the Conditional Use
Permit, PCC-95-47.
VII. 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
hereinbelow set forth, and sets forth, thereunder, the evidentiary basis that permits the
stated findings to be made.
A. That the proposed use at the 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 open air market is desirable in that it will provide a needed service not
otherwise easily accessible to residents of southern Chula Vista by making available a
place where they can purchase needed personal, household and business items.
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 operational plan of the proposed open air market indicates that traffic going to or
coming from the market at the Project Site will not have negative impacts to the health,
safety or general welfare of persons residing or working in the vicinity or be injurious
to property or improvements in the vicinity in that the arrival and departure of vendors
and shoppers will be spread throughout the day, thus not causing congested roadways.
At present, lands within the City of Chula Vista surrounding the Project Site are
undeveloped.
C. That the proposed use will comply with the regulations and conditions
specified in the code for such use.
Resolution No.
Page #4
Conditional Use Permit PCC-95-47 is conditioned to require the permittee and property
owner to fulf1ll conditions and to comply with all the applicable regulations and standards
specified in the Municipal Code for such use.
The conditioning of PCC-95-47 is approximately proportional both in nature and extent
to the impact created by the proposed development in that the conditions imposed are
directly related to and are of a nature and scope related to the size and impact of the
project.
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 government agency.
The granting of PCC-95-47 will not adversely affect the Chula Vista General Plan in that
said Project is proposed to be operated on a site already partially developed, containing
public facilities (water, sewer, etc.), and which is proposed to be developed as an
amphitheater, said proposed open air market conforming with the General Plan in that
this conditional use permit has been properly executed and duly adopted.
VIII. TERMS OF GRANT OF PERMIT
The City Council hereby grants Conditional Use Permit PCC-95-47 subject to the
following conditions whereby the applicant and/or property owner shall:
A. Only after construction and occupancy of the MCA Amphitheater, implement the
Project as submitted to and approved by the City, except as modified herein
and/or as required by the Municipal Code.
B. The Storage of any temporary structures on-site during non-business hours or the
construction of any permanent structure or enclosure for the open air market is
expressly prohibited except as otherwise outlined in the following paragraph, or
unless a modification to this conditional use permit and the design review
approval is submitted to and approved by the Zoning Administrator. (Note: It is
anticipated that a permanent storage enclosure or structure will be established on-
site provided all issues regarding location, aesthetics and the maintenance of
adequate parking and circulation can be resolved to the satisfaction of the Zoning
Administrator. )
Consistent with CVMC, Section 19.58.370B, the Zoning Administrator may grant
in conjunction with the open air market, up to six (6) permits per year not to
exceed twenty-four (24) days in any calendar year, but not exceeding seven (7)
consecutive days, for events which would allow the open air market to maintain
temporary displays and facilities on the site for the duration of the event. The
permit shall be submitted for review at least thirty (30) days prior to the
commencement of the event, and shall include all plans exhibits, and operational
Resolution No.
Page #5
information deemed necessary by the Zoning Administrator in order to properly
evaluate the request, render a decision, and apply any necessary conditions.
C. Prior to obtaining a business licence from the City of Chula Vista for operating
an open air market, cooperate with the Business Licence Officer in order to
develop and implement a tax collection/business licence issuance plan, to the
satisfaction of the Director of Finance.
D. The public hours of operation of the open air market are limited to hours between
7:00 a.m. and 4:00 p.m. Saturdays and Sundays; but in every instance all
structures, equipment and activities associated with the open air market other than
approved permanent storage facilities or fencing shall be cleared from the site by
7:00 p.m. The applicant may request from the Zoning Administrator extension
of the days to include Thursdays and Fridays after one year of operation from the
opening day of sales. The Zoning Administrator may approve, deny or modify
the extension subject to appeal to the Planning Commission.
E. For the life of the open air market, review the consistency of actual operations
with the operational parameters considered in the Environmental Impact Report
and Conditional Use Permit with the Zoning Administrator, Police Department,
Fire Department and Public Works Department on the anniversary date after the
opening of operations. Said review shall be initiated by a report prepared by the
open air market operator to the Zoning Administrator which shall address such
issues as traffic impacts, adequacy of parking, ingress/egress, hours of operation,
coordination with amphitheater operations, etc. The Zoning Administrator shall,
at his/her sole discretion, determine whether or not the operations are materially
consistent with the nature and intensity of the operational parameters used to
evaluate the project in the Environmental Impact Report and Conditional Use
Permit. If the operational profJ.!e is deemed inconsistent and more impactive than
originally expected, the Zoning Administrator may require review and/or
modification of conditions via additional environmental review and/or a formal
modification to the Conditional Use Permit.
F. Prior to opening for operations, schedule a security survey with the Chula Vista
Police Department, Crime Prevention Unit, and implement the suggestions of said
survey in order to enhance security.
G. Comply with and implement all requirements of the Fire Marshal as related to
conforming with the Uniform Fire Code and applicable Municipal Code
requirements.
H. In consultation with and to the satisfaction of the Fire Marshall, develop and
implement a Pre-fife and Emergency Medical Plan for emergency services during
business hours. Said plan may require the posting of at least one paramedic unit
at the open air market during operating hours and the backfilling of said unit if
it is called upon to transport patients, or the establishment of a first aid station.
Resolution No.
Page #6
Said plan may also provide for training of market personnel in basic fire fighting
and first aid.
I. Comply with and implement all requirements of the Director of the Building and
Housing Department as related to conforming with the Uniform Building Code.
J. Comply with and implement all provisions related to Title 24 (Part II), Disabled
Access, to the satisfaction of the Director of Building and Housing.
K. Prior to opening for operations, pay all applicable fees to the Chula Vista
Elementary School District and Sweetwater Union High School District, or
participate in alternative financing mechanisms, to the satisfaction of each
respective school district.
L. In consultation with the operators of the MCA Amphitheater, vacate the property
early enough before all amphitheater events so as not to cause conflicts in traffic
movements or inadequate parking capacity.
M. Comply with all City ordinances, standards, and policies except as otherwise
provided in this Resolution. Any violation of City ordinances, standards, and
policies, or of any condition of approval of this Conditional Use Permit, or of any
provision of the Municipal Code, as determined by the Director of Planning. shall
be grounds for revocation or modification of this Conditional Use Permit by the
City of Chula Vista.
N. 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 can not, in
the normal operation of the use permitted, be expected to economically recover.
O. 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.
Resolution No.
Page #7
IX. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The property owner and the applicants 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 applicants, and a signed, stamped copy returned to the Planning
Department. Failure to return a signed and stamped copy of this recorded document within
thirty days of recordation to the Planning Department shall indicate the property
owner's/applicants' desire that the project, and the corresponding application for building permits
and/or a business license, be held in abeyance without approval.
Signature of Property Owner
Date
Signature of Representative of
Bitterlin- Brice Development Partners
Date
Date
Signature of Representative of
Kobey's Chula Vista Marketplace, LLC.
X. NOTICE OF DETERMINATION
The City Council directs the Environmental Review Coordinator to post a Notice of
Determination and file the same with the County Clerk.
XI. 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.
Presented by
Approved as to form by
Robert A. Leiter
Director of Planning
Bruce M. Boogaard
City Attorney
M :\h.ome\planning\martin\mca\9547koby .res
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EXHIBIT IB
Locator Map
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CHULA VISTA PLANNING DEPARTMENT
LOCATOR ~, MCA Amph~healer PROJECT DESCRII'TION,
C) CONDITIONAL USE PERMIT
~~. OIay Valley Rd. Request: To construct an outdoor amphitheater
. South of OIay River with Mating for approxima1ely 20,000 1_1...1...1'$.
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NORTH NO SCAlE PCC . 95 - 47
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EXHIBIT 2
Topographic Map
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Attachment 2
EXHIBIT 3
Surrounding
Land Uses
MAY LANDFILL
OTAY RANCH
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Attachment 2
EXHIBIT 4a
MCA Amphitheater Site Plan
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EXHIBIT 4b
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EXHIBIT 4c
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EXHIBIT 4d
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EXHIBIT 5
Kobey's Market Place in
Chula Vista Site Plan and
Operating Plan
.
KOBEY'S MARKETPLACE IN CHULA VISTA
OPERATING PLAN
I. Introduction
Kobey's intends to operate a open air market oriented shopping environment in the
confines of the proposed MCA amphitheater located off of Otay Valley road. The market
would operate Saturday and Sunday initially with the potential to expand based upon
viability. We expect to sell 150-300 vendor spaces during the first year of operation with
it expanding to 750-1000 spaces eventually. Programs such as Kobey's non-profit
participation program, partnership in education and new entrepreneurship programs
which were initiated at its Sports Arena location would be implemented in Chula Vista as
warranted.
n. Operating Days and Hours
The market would open as a two day a week operation with the focus put upon Sa~day
and Sundays. Open air markets have traditionally operated on the weekends and this trend
would be continued in Chula Vista. As the market warranted based upon financial
viability additional operating days could be added. Friday and Thursday would be
potential operating days. Evening operations could also be contemplated on those dates
when the amphitheater is not otherwise in use.
Hours of operation would be 7 a.m. to 4 p.m. Vendors would be admitted as early as 5
a.m. on the morning of the show.
m. Setup
Prior to each show there would be a certain amount of setup required to prepare the
various parking lots for operations. The vendor lot would be prepared for market
operations with the placement of all temporary fencing and signage as necessary. Trash
receptacles would be placed throughout the market for customer use. These items would
be completed prior to the opening for business at 7 a.m.
IV. Traffic plan
I. Vendor traffic
Directional signs would be placed on Otay Valley road to direct vendors to enter on
Spyglass Hill road. In fact all market traffic would utilize Spyglass Hill as the primary
access road for the market. All reserved vendors would be required to be in their
respective spaces by 8 a.m. each selling day. This eliminates vendor and customer traffic
from overlapping. Vendors would be processed and checked at the entrances by Kobey
personnel. Then vendors would be directed to their respective spaces as vendors arrive.
Vendors not parking their vehicles in their respective spaces inside the market would be
directed to a specified parking lot away from the customer parking lots.
2. Customer traffic
Customers as they arrive would be directed to the various customer lots by traffic
management attendants. Kobey's will either utilize the company under contract with
MCA, its own traffic management individuals or an outside parking management
company similar to ACE Parking. Traffic management individuals would maintain and
supervise customer pedestrian traffic crossing Spyglass Hill, Castle Pines Ave, Otay Rio
Road inorder to obtain access to the market itselflocated next to the amphitheater.
V.Marketoperations
All vendors would operate at the market under a license agreement with Kobey's.
Vendors are required to abide by a set of market rules and regulations, to maintain their
position at the market, which have been developed by Kobey's at its various markets
throughout the years. Many of the rules and the license itself have stood the test of
litigation. I have enclosed copies of Kobey's current license agreement and its rules and
regulations and general information packet as an exhibit to this agreement. The license
agreement and the rules and regulations are integral portions ofKobey's operations and
should be included as plan of its operating plan. Similar documents would be produced
for the Chula Vista location prior to the market opening.
Kobey's maintains its own licensed security staffwhich woul.d be on site for both market
security and customer safety. Security guards are typically placed at entrances for
visibility. Additional security is then sent throughout the market to enforce safety rules
such as no roller skating, bicycle riding or skate boarding. Security is also on site to help
resolve customer complaints, shoplifting, and vendor disputes. Security would also patrol
various customer parking lots throughout the day.
Kobey's maintains a number of programs which it would at the MCA location. These
programs include an entrepreneur program, a Partnership in education program and a
Non-profit vendor participation program.
The entrepreneur program provides discounts and other incentives to those individuals
creating new and emerging businesses within the city of Chula Vista, this program would
be coordinated with the local Chamber of Commerce and Community development
offices.
Our current partnership in education programs currently includes a relationship with a
local grade school and San Diego State University. In Chula Vista similar relationships
would be established and built upon. One area not currently being utilized is area high
schools. But there are a nwnber of possibilities which could be implemented to help
supplement both educational as well as sports programs.
Our non-profit participation program allows qualified non-profit organizations to
participate at our markets ftee of charge. 1bis includes every organization from the local
girl scouts wanting to sell cookies to the American Cancer Society which might decide to
hold a massive rnmmage sale to raise funds. Every year nearly 100 organizations hold
some time of function at Kobey's all of which benefit these organizations raising much
needed funds for their various causes.
VI. Tear down
As the day progresses our tear down crew begins with refuse removal from the trash
receptacles placed throughout the market. Kobey's also maintains an active recycling
program. Our trash receptacles are checked for aluminwn and all card board is separated
from the remaining refuge and recycled. The remaining refuge is then compacted to cut
down on landfill requirements. The various lots are then hand picked for larger refuge
followed by a street sweeper which collect the smaller particulate.
VII. Traffic exit plan
Customers would be directed off the lot by both on site personnel and signage. Customers
would be directed to leave via Spyglass Hill out to Otay Valley going left to access I -
805 or right to access Otay Mesa road with destinations either in San Diego or Mexico.
VIII. Relationship w/amphitheater events
On days when MCA has evening events, Kobey's tear down and clean up plans would be
accelerated to accommodate incoming traffic for the evening show. 1bis is where
Kobey's experience at the Sports Arena provides it with unique credentials to manage
such occurrences. Kobey's has shared the use of the Arena parking lot with other Sports
Arena events for 15 years. Vendors are asked to vacate to lot by 4:30 p.m. The lot is then
cleaned and turned over to the amphitheater operator by 6:00 p.m. Most evening events
then start at 7:30 - 8:00 p.m. with most evening attendees never realizing that an open air
market was in operation earlier in the day.
On dual event days when the amphitheater has an earlier day time event, then the market
will either operate as normal, reduce in size or will not operate at all depending upon
amphitheater event size, customer parking requirements and a potential shared parking lot
arrangement for the adjacent corporate yard with the city. Ifboth events run concurrently
then separate entrances would be used for amphitheater vs. market use with separate
parking for the customers of each event. Signage and traffic directional personnel would
be utilized to ensure efficient flow of the respective traffic.
t/ .ImJ~ SWAP MEET
f\f1VJ at the Sports Arena
SELLER'S LICENCE
Sellers must have a SELLER'S LICENCE
displayed for each space occupied.
The purchasing of this Seller's Licence (the 'Llcense')
constitutes an agreement by the purchaser (the 'Seller') to comply
with all of the Swap Meet Rules and Regulations, as the same may
be revised from time to time. Seller hereby acknowledges that Seller
has read and understood the Rules and Regulations, as the same are
printed on the reverse side of Seller's copy ofthis License (and as the
.ame may be modified from time to time). The Rules and Regulations
are incorporated herein by reference as if fully sel forth in this
License.
This License constitutes a license agreement entitling the
Seller to the use of the space designated above on the date
designated above, at such times as are designated by the Swap Meet
Management for the purpose of selling merchandise at the Swap
Meet. This License does not create a lease or any other estate in
land. This License is personal, revocable and terminable at any time
and for any reason at the will of the Swap Meet Management. Upon
any such revocation and termination, the Swap Meet Management
shall refund to the Seller a pro rata portion of the fee paid which Is
applicable to the time remaining under the License.
Seller agrees to indemnify and hold the Swap Meet Man.
agement harmless from any liability (including attorney's fees and
court costs) and for any damage arising directly or indirectly from
Seller's use of the Swap Meet premises, the Seller's space desig.
nated above, and or injury to persons or property resulting from items
sold or exchanged by Seller
thereon. In the event of any IItiga- THIS LICENSE MUST
tion to enforce the terms of LI- BE DISPLAYED IN
cense or the Swap Meet Rules
and Regulations, the prevailing PLAIN SIGHT ON
party shall be entitled to recover YOUR DASHBOARD
from the other party its attomey's OR STAND
fees and costs.
NO CASH REFUNDS · NO RAIN CHECKS
NO SAME DAY CREDITS
YOUR SPACE RESERVED UNTIL 8 A.M.
(Afler 8 A.M. Swap Meet Management has the option and right to
resell space without any liability to Seller for that trading day.)
--------..
SWAP MEET RULES AND REGULATIONS
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SELLERS GENERAL INFORMATION SHEET
Welcome to Kobey's Swap Meet at the San Diego Sports Arena. ".You will be joining a
select group of vendors who participate in San Diego County's biggest and best outdoor market.
Whether you are a vendor selling new merchandise, a distributor, a promoter of services, a
Seller of bulk food items, or an occasional "clean out the garage" Seller, Kobey's is the place for
you.
If this is your first experience with Kobey's, this Information Sheet will prove to be an
invaluable tool that will familiarize you with the Swap Meet and how you can become a vendor.
Keep in mind that Kobey's goal is to provide you with the best possible opportunity through
which you may sell your merchandise. The rules, regulations. and procedures enclosed herein are
meant to keep Kobey's the finest that it can be.
GENERAL INFORMATION
Kobey's Swap Meet started in 1976 at the old Midway Drive-In Theatre. We have
undergone many changes and have grown to become the premier Swap Meet in San Diego
County. We now occupy the parking lot at the San Diego Sports Arena with a selling capacity of
approximately one thousand (1,000) vendors. Holding to the belief that diversity is a good thing.
Kobey's offers the Shopper a mixture of new and used items. We do. however, have prohibited
merchandise and certain items which must conform with all governmental specifications.
Kobey's is in operation every Thursday, Friday, Saturday. and Sunday. Shopper's hours are
from 7:00 a.m. to 3:00 p.m. Kobey's Swap Meet draws 30.000 - 40,000 Shoppers weekly.
Kobey's Swap Meet attracts more buyers because we are committed to a heavy advertising
campaign consisting of television, radio, newspaper. and billboards.
BEFORE YOU PURCHASE A KOBEY'S SELLER'S LICENSE:
KOBEY'S PHilOSOPHY
Kobey's always has and always will strive to be the best that it can be. We are committed
to providing a fun, family oriented shopping experience for our Shoppers and Sellers. Towards
that goal we will attract vendors who are also committed to a similar goal.
Selling at Kobey's Swap Meet is a professional business experience to which we are proud
to be committed. As a part of this experience Kobey's strongly adheres to all applicable
governmental policies, codes, rules. and regulations; therefore we expect the same of every Seller.
By accurately reporting all sales tax revenue. you as a Seller are providing revenue to both
the City and the State. However. if you fail to obtain the necessary permits. or fail to report sales
tax, Kobey's will have no other choice than to deny you further selling privileges.
We at Kobey's Swap Meet have further committed ourselves to providing a policy of 100%
customer satisfaction. We, ,t people to come back to Kol's because they realize that
Kobey's offers quality merchandise at bargain prices. Shoppers will be encouraged to seek out
Management assistance if they experience dissatisfaction. Kobey's will. use its best efforts to
mitigate all customer complaints.
CALIFORNIA STATE BOARD OF EQUALIZATION SELLER'S PERMIT
All potential Sellers of new or handcrafted merchandise must have a California State Board
t,1f Ecualization Seller's Permit ("California Seller's Permit") with the.if name(s) and the Seller's
Permit must seecifv the address of the San Di\!!Qo Scorts Arena located at 3500 Soorts Arena
Blvd San Dieoo CA, before being permitted to purchase a ticket to sell at Kobey's Swap Meet.
This is also the case for vendors selling large quantities of one particular item; the accumulation of
a quantity of one particular item is for the purpose of resale.
If you are selling used or garage sale items you are entitled to sell two (2) times in a twelve
(12) month period without a California Seller's Permit. After selling two (2) times in a twelve (12)
month period, YOU MUST HAVE a California Seller's Permit regardless of what type of
merchandise you are selling.
This is all in accordance with California State law 118 California Admin. Code S 1 595(a)(1)).
The California Seller's Permit and further information can be obtained by contacting the S1a1e.
Board of Eoualization located at 1350 Front Street. Room 5047. San Diego. CA 92101 16191
525-4526. Each Seller is responsible for becoming familiar with and complying with all
requirements of the California State Board of Equalization, as well as filing any necessary forms
required by law.
~ITY OF SAN DIEGO. BUSINESS TAX CERTIFICATE
All vendors selling more than six (6) times in a twelve (12) month period MUST HAVE A
CURRENT City of San Diego Business Tax Certificate I"San Diego BTC".) The San Diego BTC is
issued by the Citv of San DieQo Office of the Citv Treasurer. City Oeerations Buildino located at
1222 First Avenue. San Diet;lo. CA. 92101 1619) 236-6173. The address of the San Dieoe
Scorts Arena located at 3500 Soorts Arena Boulevard San Dieljlo. 'CA must aecear on the San
Dieoo BTC. Tax Certificates from other locations or cities are not acceptable. Your space at the
Swap Meet is your store front and it is taxed accordingly.
OTHER LICENSES
Depending on what you sell, there are specific licenses that may affect you. If you .are
selling a food item, such 'as produce or bread, you must nave a Health Permit issued to you with
the San Diego Sports Arena address listed on it. A Health Permit is required by law for anyone
selling a product that is designed to be consumed by a human being, and must be submitted to
any Kobey's employee upon request. Health Permits may be obtained at the Environmental Health
Services. 1255 Imoerial Avenue. San DieQo. CA (519\ 3~8-2379.
If you are selling animals of any kind, you must be in compliance with all applicable County
of San Diego Health Department rules. Kobey's is frequented by the Humane Society and Animal
Control who inspect selling areas containing animals. These agencies may impound your animals,
and fine you on the spot for any violations; compliance with all local Health Department rules. and
regulations is mandatory.
Vendors selling bedding. furniture. and similar items must possess a Home Furnishings
Permit. This permit is available through the Bureau of Home FurnishinQs (213) 897-4408.
REFURBISHED/SECONDHAND MERCHANDISE
Any vendor who sells. exchanges. offers to sell, or exchange. exposes for sale or exchange,
or possessp.s with the intent to sell or exchange. refurbished and/or secondhand merchandise of
any type, or kind shall post a sign at the front of his or her booth clearly stating that they sell
refurbished merchandise.
Violation of any of the above described provisions will result in revocation of your selling
privileges.
PROHIBITED MERCHANDISE
"No vendor shall offer or display at a swap meet any new or used
personal property or merchandise of a kind which the swap meet
operator has expressly prohibited. Every swap meet owner shall post or
display in prominent places at the swap meet, or give written notice to
every vendor prior to the commencement of a swap meet of the kinds
of personal property or merchandise which may not be offered for sale
or exchange. The swao meet owner or ocerator shall also past a siQn at
the main entrance of the swap meet which states that vendors are
reauired to issue receiDts in accordance with subdivision lal" Bus. &
Pro. Code ~21666(b).
~
· THE SALE OF WEAPONS IS ABSOLUTELY PROHIBITED ·
No Seller may sell, exchange, offer to sell or exchange, expose for sale or exchange. or
possess with the intent to sell or exchange. store, or transfer any weapons, or obviously harmful '.
products at Kobey's Swap Meet. or the grounds thereof. Further prohibited items consist of. but
are not limited to, the following:
PROHIBITED MERCHANDISE
· Ammunition
· Bombs
· Counterfeit Merchandise
. Cross-bows
· Drug Paraphernalia
· Fireworks
PROHIBITED MERCHANDISE (continued)
· Grenades
. Guns
.
Knives (permitted at the sole discretion of Kobey's Ma.nagement)
Mace
Mace-like products
Martial Art Weaponry
Pepper Spray
Pornography
Rifles
Stun Guns
Swords
Tear Gas
Tobacco Products
.
.
"
.
.
.
.
.
.
.
.
Each Seller shall hold Kobey's Swap Meet harmless from any violation of any of the
foregoing provisions. Violation. of any of the above described provisions will result in revocation of
your selling privileges at Kobey's Swap Meet at the sole discretion of Kobey's Management.
.Premier Foods" is the exclusive concessionaire at Kobey's Swap Meet. Premier Foods
contracts directly with the San Diego Sports Arena; therefore no Sellers are permitted to sell
.concession" items (Le. any food item(s) which could be consumed on the premises). Sellers are
however permitted to sell packaged, bulk, non-prepared food items. For further clarification, or
information please inquire at the Reservation Office.
SELECTING A SPACE
Once you have obtained all required permits, licenses, certificates, and related paperwork
you may select a date to sell. Be prepared to select an alternative date if your first selected date is
sold out, or if the selection is not satisfactory. Be prepared to let the Kobey's employee know
what you are selling, if you have sold before, and the date you wish to sell. We do not hold
spaces or make reservations by telephone.
Kobey's spaces are approximately' S'x' 8' in size consisting of two (2) car spaces on the
parking.lot, except for rows I and J which run smaller.
Each Seller must have a valid Kobey's Seller's License (ticket) to set up in a marked stall on
the given date. Kobey's Swap Meet can be divided into the following areas: the "front section"
consists of rows A - J; and the "back section" of the Swap Meet consists of rows K . T.
PURCHASING A KOBEY'S SELLER'S LICENSE
A Sellers Ucense may be purchased five (5) days a week. You may purchase a Seller's
license either before the day you wish to sell (ADVANCE RESERVATION), or the same day you
wish you to sell (UNRESERVED). An advance reservation may be purchased Wednesday, from
, 0:00 a.m. to 4:00 p.m" at Kobey's office located at 3350 Sports Arena Blvd., Suite K, San
Diego. Advance Reservations can also be made at the Swap Meet Thursday through Sunday from
, 0:00 a.m. to 3:00 p.m. at the Sellers reservation booth at the main entrance. There is an
additional fee of $5.00 to make an advance reservation for Saturday and Sunday only. When
purchasing a Seller's License in advance you are guaranteed a space in the Swap Meet until 8:00
.....1..' ....- ,-- -- ..-.. ..-. - -- - ---. -- -- .
either on a daily basis, advanced weekly basis, or monthly basis.)
- -- - - r - -
Purchasing an unreservdd Seller's Ucense entitles you to 1...11 on that -c;lay only. Please have
your car in the unreserved Sellers line which forms right next to the fence (right hand line).
REMEMBER: THERE IS NO GUARANTEE THAT KOBEY'S WILL BE ABLE TO
ACCOMMODATE YOU; NOR DO WE KNOW EXACTLY WHAT SPACE YOU WILL OCCUPY-
IT IS STRICTLY FIRST COME, FIRST SERVE.
Seller's Ucenses are sold only for the current month. The first opportunity to purchase an .
upcoming month's Seller's Uccnse will be: (1) the last Thursday of the current month for the
upcoming month's Thursday Seller's License; (2) the last Friday of the current month for the
upcoming month's Friday Seller's License; (3) the last Saturday of the current month for the
upcoming month's Saturday Seller's License; and, (4) the last Sunday of the current month for the
upcoming month's Sunday Seller's License. If the last Thursday/Friday or Saturday/Sunday ere
split betWeen two months both days will be applied to the previous month.
During this initial Seller's License distribution period Kobey's institutes a random wristband
priority system. The wristbands will be used on these days for the forming of lines for individual
monthly Seller's Licenses.
KOBEY'S DOES NOT ISSUE CASH REFUNDS.
Credits are issued for Seller's Licenses returned at least one day
in advance of the selling day and in person only;
same day credits are not issued.
THERE IS NO CREDIT FOR RAIN OUTS.
KOBEY'S ACCEPTS CASH ONLY FOR TICKET PURCHASES.
Kobey's will accept other forms of payment from
current monthly sellers who have a Monthly Seller
Information sheet on file with our corporate office.
CREDITS MAY NOT BE USED IN THE UNRESERVED LINE.
Credits may only be used when purchasing a Seller's License in advance.
UPGRADING YOUR SELLER'S LICENSE (TICKET)
There are several ways in which you may upgrade your Seller's Ucense to get a better
space at Kobey's Swap Meet. In ALL cases, SELLER'S LICENSES CAN ONLY BE EXCHANGED AT
THE KOBEY'S ADVANCE RESERVATION BOOTH 'OR OFFICE. SELLERS MAY NOT TRADE
SELLER'S LICENSES AMONGST THEMSELVES. FAILURE TO COMPLY WILL RESULT IN DENIAL
OF FURTHER SELLING PRIVILEGES. The first and most convenient method of obtaining a better
space ticket is by checking the daily space turn-ins. You may check with Kobey's Advance
Reservation staff before the day of the event. and ask if we have a better selection of spaces. If
there is a space for which you would like to trade. simply exchange the Seller's Ucense for the
preferred space. You must pay any increase in space fees at the time of the exchange; we will
give you a credit for any decrease in the space fee at the time of the exchange.
. The second way to upgrade your space is through our lottery system. As explained above,
exchanging Seller's Licensec get you a better non-premium s ~e; generally, premium 'space~
can only be acquired through our lottery. Premium spaces include rows A - H, K or KX. The only
other consistent method of obtaining better space selection of premium spaces is through the
AUCTION. The Auction is a different process than the lottery. We have weekly lotteries which
allow Sellers to occupy a premium space for a single, given day. The space is not for extended
monthly use. (For more complete lottery information, please refer to the lottery Information
Guidelines and the Kobey's Rules and Regulations.)
~he final way to upgrade your space 10cl1tion is through a process called "After 8 Space
Selection". The following is a brief explanation of the process:
Kobey's allows vendors to change their space assignment on the day they sell by selecting
a space other than their assigned space after the 8:00 a.m. announcement has been made. This is
a process involving some risk and by no means is a guarantee that you will find a better space.
There is even a chance that you may lose your original space. This elso means that you will be
required to pay a "premium charge" if you move into rows A -H, K or Kx, or other designated
spaces.
In order to change spaces you must go through the regular check-in process. If the
ASSIGNED OWNER (the person with that assigned Seller's license) of a particular space does not
occupy it when Kobey's makes the "AFTER 8 ANNOUNCEMENT", then Sellers are able to select
the best unoccupied space available. An unattended Seller's License will not "hold" a space, you
must physically occupy the space with iI valid Seller's License. Kobey's does not assume
responsibility for any unattended Seller's Licenses. You may NOT hold two (2) spaces with one
(1) Seller's License. If you choose to leave your assigned space, it then becomes available to
another vendor. If the ASSIGNED OWNER (the one with a valid Seller's License for that space)
arrives after the "AFTER 8 ANNOUNCEMENT", then you are not required to vacate that space.
Again, you will be responsible for any additional fees that may occur in rows A - H, K and Kx, or
any other so designated spaces.
Please remember you can only hold one (1) space with one (1) valid Seller's License, and
you must physically posses a valid Seller's License in the space to hold that space.
THE DAY YOU SEll
Be prepared. Have your Seller Information Sheet (three part form) filled out COMPLETELY
before you arrive. DO NOT forget to list all items and their corresponding serial numbers. Have
your correct and valid licenses; California Seller's Permit, Health Permit, San Diego BTC, Home
Furnishing Permit, and any other applicable items available when checking into the Swap Meet.
Don't forget Kobey's 'quires all drivers to provide a v "-.I driver's license,
automobile liability insurancb for all vehicles entering the SWgP Meet grounds.
certificates are accepted as valid proof of insurance.
and proof of
Only original
Please enter the Swap Meet from the lanes which are applicable to your Seller's license and
space status. We have separate lanes for reserved and unreserved Sellers. When entering the
grounds please follow the direction of the parking attendants. They will direct you to either the
reserved line, wl,ich is for Sellers who have previou'3ly purchased a SeUer's License; or to the
unreserved line, which is for Sellers who have D.Q1 previously purchased a Seller's License. Both of
these lines are formed by our parking attendants as you enter the Swap Meet grounds from Sports
Arena Blvd.
Sellers with back section Seller's Licenses should enter the line that forms on Kurtz Street
by the back gate. This is a single line.
Vendors with Seller's Licenses are permitted to enter the Swap Meet at 6:00 a.m. through
the front and back gate. Vehicle entry through the middle or corner gates is not permitted.
BEFORE you are permitted to enter the Swap Meet you must have all the proper paperwork
completed and ready for review at the gate.
All vendors are expected to be fully set-up and clear of the aisle way by 9:00 a.m. Failure
to clear the aisle way by 9:00 a.m. will result in the loss of further selling privileges.
The unreserved vendors line will be permitted upon purchase of a ticket to enter the'Swap
Meet no earlier than 6:30 a.m. The amount of available tickets will determine how many vendors
are permitted to enter the Swap Meet before 8:00 a.m. Kobey's will sell available Seller's
Licenses until available Seller's Licenses are sold out. If we .sell out" before 8:00 a.m., we will
hold the line until the" AFTER 8 ANNOUNCEMENT" is made. We will then try to accommodate as
many additional Sellers as we have available space. Once the Management has declared that the
Swap Meet is "sold out", then we no longer will permit vendors to purchase a Seller's License for
that selling day.
A PRIMARY IMPORTANCE DURING THE CHECK-IN HOURS IS SAFETY. PLEASE
DRIVE SLOW WITH YOUR SPEED NOT TO EXCEED 3 MILES PER HOUR. BE
AWARE THAT THERE ARE MANY PEDESTRIANS AND VEHICLES UNLOADING.
USE EXTRA CARE AT ALL TIMES WHEN DRIVING ON THE PARKING LOT AND
INSIDE THE SWAP MEET.
~aUlPMENT 'RENTAL
Sellers may rent equipment to assist in selling at the Swap Meet from equipment rentals
which is located directly in front of the Advance Reservation Office on the Swap Meet grounds
and right inside the back vendor's gate. Available equipment includes tables, chairs, canopies,
strollers, wagons, etc. A complete list of equipment and rental fees is available.
Kobey's has exclusive rights to rent any and/or all equipment. Vendors inside the market
area will not be permitted to rent items without Kobey's prior approval.
Presentation of valid idec'{ication (i.e. California Driver's Urse, Military I.D., with ~ majo'r
credit card) is required to rent "quipment. The rental of a canopy also requires a twenty dollar
($20.00) cash only deposit. No checks will be accepted. A cash depos.it e'en be held in lieu of
depository identification card. Your cash deposit and/or identification materials will be returned to
you upon the return of the rented items. For further information on rental equipment, please see
equipment rentals directly.
IN YOUR SPACE
Upon reaching your ~elling space, position your vehicle in the space entirely, or quickly
unload and remove your vehicle from the lot (weekend parking is available in the Sports Arena
Village complex to the west of Kobey's Swap Meet). No vehicles are permitted in the aisles after
9:00 a.m.
Remember to set up your selling displays entirely within the ftT" marks which define your
space.
Please follow all rules and regulations, governing selling at Kobey's, listed on your Seller's
License.
Please show respect for your neighbors' space and be considerate of others.
Please dispose of all your trash in a proper manner, and leave your space clean. Vendors
leaving an abundant amount of trash will be assessed a clean-up fee and the loss of further selling
privileges.
EACH CORNER POLE OF ANY CANOPY SET IN SELLER'S SPACE MUST HAVE A
CEMENT BLOCK SECURELY FASTENED TO IT. ANY ADDITIONAL POLES MUST
HAVE A PROTECTIVE "FOOTING" TO PRESERVE THE PARKING LOT
SURFACE. ADDITIONAL POLES OR CEMENT BLOCKS MAY BE REQUIRED AT
KOBEY'S DISCRETION.
Vendors must vacate the Sports Arena premises no later than 4:30 p.m.. unless
Management announces otherwise throughout the day.
Kobey's hopes that this Information Sheet will help make your selling day at Kobey's Swap
Meet safer and more enjoyable. Kobey's. is committed to constantly improving its operation
making it the premier Swap Meet in San Diego. Therefore, if you have further questions or
comments regarding any of the information contained herein, or need more information regarding
the rules and regulations, 'please 1:ontact 1Iny one of Kobey's personnel at the Sellers Reservation
Office at (619) 523-2700 or call (619) 226-0650 for 24 hour information.
Thank you.
MANAGEMENT OF KOSEY'S SWAP MEET AT THE SPORTS ARENA
Imjo:If.....II_-""',_.. ,.5/1'1
KOBEY'S SWAP MEET AT THE SPORTS AR'ENA
RULES AND REGULATIONS
Purchase of a Seller's License (the "License") offered by Kobey's Swap Meet
("Kobey's") constitutes an agreement by the purchaser ("Seller") to comply with all of
Kobey's Rules and Regulations (the "Rules") as defined below and as Kobey's may revise
them from time to time. As u$ed in these Rules: "th.e Premises" shall mea:'! the entire
parking lot at the San Diego Sports Arena; .the Swap Meet" shall mean the area inside the
fence designated by Kobey's for the sale and/or exchange of merchandise; and "Seller's
Employees" shall mean and include without limitation Seller's assistants and/or employees.
1. Seller's failure to comply with any of these Rules may result in termination
of selling privileges. Kobey's waiver of anyone breach of the Rules shall not be deemed a
waiver of any other breach. Should a single Rule be held to be invalid or void, then that Rule
shall be severable from the remainder of the Rules, and shall in no way affect the remainder
of the Rules. If a single Rule is deemed invalid due to its scope or breadth, then that Rule
shall be deemed valid to the extent permitted by law.
2. Seller acknowledges that as a condition of entering the Swap Meet,
information regarding Seller's name, address, telephone number, Driver's License, State
Board of Equalization Seller's Permit ("Seller's Permit") number, and City of San Diego
Certificate of Payment of Business Tax Certificate ("San Diego BTC~) will be; consiaered
public and available for dissemination at Kobey's sole discretion as allowed by
Bus.Prof.Code!21663 and Rev.Tax.Code!6073.
3. Any assignment, transfer, or sale of a License by Seller shall be null and
void. An assignment, transfer, or sale shall be deemed to include, without limitation: (i)
Seller allowing a party other than Seller or Seller's Employees .to conduct business using a
License purchased by Seller; and/or (ii) Seller adding additional names or removing Seller's
name from Seller's Permit.
.
4. Each Seller must have a valid Seller's License: (a) to enter the Swap Meet;
and (b) displayed in plain sight for each space occupied. Seller's Employees must enter the
Swap Meet with the Seller, possess an original and valid Seller's License, or enter through
the Corner Gate only.
5. A License purchased in advance of the selling day ("Advance License") must
be paid for in '8dvance of the~elling day either-with cash or with !(obey~s Credits ("Credits.")
A License purchased on the selling day (.Unreserved License") must be paid for with cash;
no Credits can be used.
6. Kobey's does not issue cash refunds, rain checks, or same day credits for
any License purchased by Seller.
,
7. A License reserves the Space indicated on its face only until Kobey's 8 a.m.
Announcement (the "8 a.m. Announcement"). After the 8 a.m. Announcement, Kobey's
may resell the Space indicated on the License without incurring any liability to the .Seller
holding the License. After the 8 a.m. Announcement, Seller may use any open space,
subject to a Premium Charge, as defined in Rule 8 below.
8. If Seller: (a) occupies a Prem:um Space other than the Space indicated on
the Advance license or the Unreserved License in Seller's possession; (b) moves into a
Premium Space after the 8 a.m. Announcement; or (c) enters the Swap Meet after the 8
a.m. Announcement and occupies' a Premium Space, Kobey's will then collect from Seller
a Premium Charge. A "Premium Space" is any space located: in Rows A, 8, C, D, E, F, G,
H, K, and KX, or on a corner; or marked as J54, J55, J56, J57, or J58. A "Premium
Charge" is equal to the cost of an Unreserved License for the Premium Space Seller
occupies, and is in addition to any fee originally paid by Seller for the Advance License or
the Unreserved License in Seller's possession.
9. Seller's merchandise and vehicle shall be within the marked boundaries of
the Space only and Seller may not extend any object past the "T" marks at the front of the
Space. Seller may not sell merchandise, solicit business, or distribute flyers anywhere at the
Swap Meet or on the Premises other than from within a Space. Prior approval of Kobey's
is required to distribute flyers or written materials anywhere on the Premises including, but
not limited to, rented parking lot areas, the Sports Arena steps, and/or Swap Meet
entrances.
10. Seller will maintain the Space and remove all items including, but not limited
to, merchandise and/or trash from the Space at the end of each selling day, or pay Kobey's
for the removal of those items as described above.
11 . All canopies erected in a space used by Seller must be properly constructed
and anchored; specifically, each corner pole must have a cement block weight with a
thumbscrew completely enabled. Kobey's may require Seller to use IIdditional cement blocks
on Seller's canopy, or require Seller to dismantle its canopy due to windy conditions;
although it is not Kobey's responsibility to instruct Seller to dismantle its canopy. Seller will
hold Kobey's harmless from and indemnify Kobey's against any injury or liability resulting
from Seller's use, construction, or removal of Seller's canopy at any time or for any reason
including, but not limited to, windy conditions.
12. -Seller may not extend an electrical 'Cord "to -any 'Space, other "than "those
designated "Electrical", without prior approval from Kobey's. Kobey's is not liable for any
damage or injury caused from electricity, electrical cords, or wiring.
2
13. Seller may not bring to, store on, or sell, trade, or tranSfer at, the Premises
or the Swap Meet, any gasoline, petroleum, explosives, guns, ammunition, stun guns, cross-
bows, mace, mace-like products, pepper spray, martial art weaponry, fireworks, drug
paraphernalia or, pornographic or counterfeit merchandise, or other dangerous or obviously
harmful items. Seller shall hold Kobey's harmless from any violation of the foregoing. No
persons, except officers of the law, or licensed and on-duty security guards, may wear or
possess firearms on the Premises.
14. Seller may not sell food or drinks for consumption at the Swap Meet. Bulk
or prepackaged food items intended from consumption off the Premises (such as produce,
breads, and nuts) may only be sold with prior, written approval of Kobey's. Seller is required
to have a current San Diego County Health Permit for Kobey's Swap Meet before selling any
food items. The County Health Department is located at: 1255 Imperial Ave., 3rd FI., San
Diego, CA 92102 (inside Trolley Towers); phone: 338-2379.
. 15. All vehicles must be out of the Swap Meet walkways and aisles by 9:00
a.m. each selling day. Seller and/or Seller's Employees may not park their vehicles in any
of the parking spaces on the Premises. The speed limit inside the Swap Meet is 3 m.p.h.
and pedestrians have the right of way. Seller must vacate the Premises each day at 4:30
p.m. or at such other time as determined by Kobey's.
16. Excessive noises (such as stereos. radios, televisions;"~riE;(a'tors, shouting,
or amplified voices) will not be allowed if such noises disturb other sellers 'or shoppers.
17. Seller is advised that jumping and/or moving the ,Swap Meet fence is
prohibited and anyone caught will be asked to leave the Premises. Seller or Seller's
Employees' violation of this Rule may subject Seller to revocation of further selling privileges.
18. Bike riding, roller skating, or skateboarding is prohibited inside the Swap
'Meet.
.
19. No animals will be allowed in the Swap Meet except for those animals
offered for sa,le with prior approval from Kobey's. Seller must conform to all applicable
County Health Department regulations, and all other laws governing the sale of animals.
20. Seller must display at each Space a Seller's Permit issued by the State Board
of Equalization exhibiting the Seller's name, with a selling location of: "3500 Sports Arena
Blvd., San DiegoT..cA.92110". sxcepting only persons offering fo~ sale used and personal
items two times or less in a twelve month period. Seller is required to obtain and possess
a San Diego BTC after selling merchandise more than six times in a 12-month period. Any
exceptions to this Rule must be approved by the State Board of Equalization or the San
Diego City Treasurer's Office, in writing, prior to the selling date.
3
~
21. Seller shall comply with all applicable City, County, State, and Federal laws
and shall hold Kobey's harmless against failure to do so. Seller should be aware of the
following California and Federal Statutes: (a) Bus.Prof.Code 121661-21669.1 (regarding
required vendor information, receipt policies); (b) Civ.Code 11723 (regarding refund policies);
(c) Civ.Code 11750 (regarding misrepresentation and deceptive practices); (d) Civ.Code
11790-1795.7 (warranties); (e) Bus.Prof.Code S 19000-19221 (Home Furnishings Act); (f)
Bus.Prof. Code 1300-336; (g) Penal Code 1653(h), 53'1(e), 351(a); and (h)
Rev.Tax.CodeI6073, 6073.1 (requiring valid Seller's Permit); (i) Bus.Tax.Code!21663
(reports of property offered or displayed); and (j) Federal Law: 15 U.S.C. 2301-2312. Seller
acknowledges that this may not be an exhaustive listing of all applicable laws; it is the
Seller's exclusive responsibility to remain informed of and comply with all applicable statutes.
22. Kobey's reserves the right to reasonably: (a) refuse service and/or admission
to anyone; (b) prohibit certain items from being exchanged, swapped or sold including,
without limitation, printed materials. photographs, books, magazines, and audio and/or video
tapes, in order to maintain a proper moral and wholesome environment in conjunction with
Kobey's Swap Meet's family atmosphere; (c) inspect all items offered for sale and to
determine whether such items can be displayed or offered for sale; (d) relocate Seller within
the Swap Meet; (e) deny Seller further selling privileges if complaints from shoppers and/or
other sellers are received regarding Seller and/or Seller's Employees, including without
limitation, complaints regarding Seller's refund policy; (f) provide shoppers or governmental
agencies with information regarding Seller; (g) deny any motor vehicle's entry into the Swap
Meet whose driver does not possess a valid driver's license. proof of that motor vehicle's
insurance and/or valid registration; (h) require Seller to dismantle Seller's canopy; or (i) obtain
from Seller information required of Kobey's by any governmental agency. Kobey's
reservation of these rights is without any liability whatsoever to Seller or Seller's Employees.
23. . Kobey's reserves the right to formulate additional rules and regulations. and
each Seller shall abide by such additional rules and regulations.
Ir.v.319.1
4
. SELLER'S SPAce PRICE LIST: EFFECTIVE aJOVEMBER 1, 1993
.
THURSDAY FRIDAY .
OAllY SPACE $6.00 OAllY SPACE $8.00
ELECTRICAL SPACE $8.00 ELECTRICAL SPACE $12.00
CORNER SPACE $12.00 FRONT CORNER SPACE $16.00
BACK CORNER SPACE $12.00
- -
SATURDAY/SUNDAY (SAME PRICE FOR EACH DAY)
SPACE LOCATION UNRESERVED RESERVED
OAll Y: I & J, R, S, T, long side l .. Q $20.00 $25.00
A, B, C, 0, K, KX $30.00 $35.00
E & F $27.00 $32.00
6&H $25.00 $30.00
ROWS A through J UNRESERVED RESERVED
front corners A12, A13, B12, B13 $80.00 $85.00
front corners C12, C13, 012, 013 $70.00 $75.00
front corners E12, E13, F12, F13 $65.00 '" ... - $70.00
-
front corners 612,613 $60.00 '. - $65.00
-
(ront corners H10, H1s $50.00 $55.00
front corners 110, 115, J10, J1S $35.00 . $40.00
back corners Ass, BS6, CS6, 057, ES8, F56, 659, JS9 $50.00 $55.0'0
back corners HS6, 155, JS2, JS4..JS8 $35.00 $40.00
back corners .JS3 $40.00 $45.00
electrical A.0..A11, 8.1..B11, C.1..C11 $35.00 $40.00
electrical J.1S to J.3S $30.00 $35.00 ..
ROWS K through T UNRESERVED RESERVED
short side l.2..l1S, M.2IOM16, N.2..N1S, 0.2..019 $25.00 $30.00
short side P.2..P19, Q.2..Q19 $23.00 $28.00
long side l1S..l40, M19..M42, N21..N46, 022..049, $20.00 $25.00
P22..PSO, 1121..QSO
corners K.1, l.1, M.1, N.1, 0.1, P.1, Q.1, R.1, 8-1 $50.00 $55.00
,isle corners K1S, KX23 $40.00 $45.00
,isle corners K17 $32.00 $37.00
,isle corners l1S, N19, 1120, R2o, S1S $35.00 $40.00
,isle corners l17, M17, M1s, N20, 020, 021, P20, P21, T.14 $29.00 $34.00
corners T.1 $29.00 $34.00
Payment for spaces is on a "sh only basis unless you are a current Monthly Seller.
There'is a Premium Charge to any Seller moving ilito a Premium Space after the 8 a.m.
announcement. Premium Spaces are: rows A, B. C, D, E, F. G. H. K. and KX. or any corner
space. The Premium Charge is the cost of an Unreserved Seller's Ucense for that space.
24.hour Swap Meet Information: (619) 226.0650
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SHOPPER'S
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, ,
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Sports Arena Blvd.
Attachment 2
EXHIBIT 6
Operations Analysis for
Parking and Circulation for
the MCA Amphitheater
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eeSS416S26
P.IIS
Ocsration! Analysis for
Parkina and Circulation
Chula Vista Amphitheatre
Chula Vlstl'1. CA.
The following is a brief overview 01 the intended operations plan for the above-
referenced project. It is Important to point out that operations plans are always subject
to change as experience develops with the on-site management, and different types Of
concerts and sizes of concerts diCtate adjustments to operations plans.
~rrlval
It is anticipated that patrons will begin arrMng around 6.6:30 PM for an 8:00 PM show
with one peak occurring around 6:45-7:15 PM and another around 7:45-8:00 PM. As
such, the operator plans to use off.duty policelsherlff's deputies to control the
Intersections at 1.5 and Otay Valley Road, OIay Valley Rd. and Brandywine, & Otay
Valley Road and Otay Rio Road as may be required by anticipated patronage. It Is not
anticipated that significant volumes of patrons will arrive from the south along Otay
Valley Rd., and as such, manual control from that direction will likely not be necessary
on arrival.
As Otay Valley Road will be a sIx lane (construction is underway on the westerly
portion and is soon to begin on the easterly portion to the new bridge) secondary
roadway to the bridge. we anticipate the need for the bridge to be striped and coned
for 3 lanes in and one lane out. These three lanes will continue onto Otay Rio Road
(public) which will be coned to three lan8$ in and one lane out. In the event Otay Rio
Road becomes backed-up onto Otay Valley Rd., patrons will be waved further along
Otay Valley Rd. to the former Spy Glass Hill Road (to become private). This roadway
can easily handle two lanes of traffic In and one counterflow.
Traffic arriving from the south along OIay Valley Rd.. will all be directed onto Spy Glass
Road on the south side of the facility.
Once .inslde" the facility on Otay Rio Rd., the patrons will initially be queued to the
parking lot closest to the amphitheatre, Lot" A". The three lanes off Otay Valley Rd.,
and Otay Rio Road would continue dOwn castle Pln8$ Ave. (proposed private road).
Lot "A" would be fed from the driveway about halfway down Castle Pines. then to an
interior roadway which runs parallel to Castle Pines. Money collection would likely
take place at the driveway off Castle Pines with back-up occurring along Castle Pines.
When Lot "A" is full. cars would be waved down to Spy Glass Hill Road to lot OD"
entering at the drive at the comer of Castle Pines and Spy Glass Hill Road and in a
. switch back movement. feed Into each parking row over to the next croasaisle.
(Cars entering Spy Glass Hill off Otay vaney would enter lot "D" off the first crossalsle
..R
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,.....,.
'.
Chula Visla Operations Analyl!s
Page two
March 31.1995
and ml this lOt from this point both easl and west Inlo the parking rows, andlor, begin to
fill 101 "C., feeding Into the parking bays from the south along a roadway running
parallel with Spy Glass Hili).
As all the above parking lots begin to fill and back up, cars will be diverted off Otay Rio
Rd., Into parking lot "B", circulate counterclock wise around the lot and fill the parking
rows from north to south and east to west so as to minimize pedestrian vehicle
conflicts.
Deoarture
As could be expected, everyone wants to leave at the same time. The following Is a
brief review of the proposed initial departure management plan.
Wilh three lanes available (one counterflow) over the Otay River bridge, two lanes out
of Olay Rio Road and one lane out of Spy Glass HI! will fill the three available lanes
across the bridge. One additional lane out of Olay Rio and Spy Glass Hill will be
forced to merge into the above three I~nes along Olay Valiey Road before they get to
the bridge overcrossing. This moving merge will be monitored by amphitheatre
security personnel In order to keep patron vehicleS moving.
Two lanes out of Spy Glass Hill will be turned south on Olay Valley Rd., and will merge
Into one lane, proceed south to highway 117, then to Interstate 5. The use of this exit
accessway will be determined by the size of the concert crowd.
As mentioned above, off-duty police and sheriff's deputies will be used to manuany
direct traffic at Olay Valley Rd., and Brandywine, and at the 1-5 Intersection. They may
also be used al Olay Rio and Olay Vaney as well as Spy Glass Hill and Otay Valley.
DependIng on concert size, deputies may be necessary at highway 117 and OIay
Valley Rd..
Service
Artist. truck load-in and load-out, service and emergency vehicle ingress would access
the site along Spy Glass Hill Road to the B.O.H. drive entry and on-site security
facilities. Artilt and truck access, aa wen as bus traffic would gain access to the
general vicinity off Highway 117 along Olay Vaney Road north to Spy Glass Hill Road.
Exltting for the artist would retrace this route while the artisl'. trucks would exit Otay
Valley Rd., to I-S as the hour of departure wilt be quite late.
f,01anaament Plan
On-site amphitheatre management would, on a regular basis coordinate with tocal
..'"
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,....111'0.:
'.
Chula Vista Operations Analysis
Page three
March 31.1995
police & sherifPs departments. the C.H.P.. city managers office and local home owners
associations to update and augrunt the traffic and circulation managment plans as
well as Input suggestions on parking scenarios.
There will be different plans for different Size shows as well as for elfterent types of
concerts. These will be constantly updated as Input is received from cooperating
agencies and community groups, as well as operational experience is gained by on-
site amphitheatre management.
The above scenario suggests a sell-out or near sell-out concert operations plan.
~
As wes mentioned CboVA. fhArfl will hfl pAlti pArkino and the locatlor\$ for these
...oelated pay poinic will fh,u:tu.wha cfupundinu on O<\no." elzo. oonoo" typo, .f'\d
crowd characteristics. Ideally the pay points will be looatod IUI for AD poaoible inside
thA !lAVArA' l'uukil\D I!\rea$ to prevent back-up onto public streets, particularly OIay
Valley Road. Spy Glus Hili Road (private), Castle Plncs ^vc. (privQto) and Ota)' Hlo
Rd., (public) will be used for multiple lane queuing and should be .doqu~tc for tho
largesl conoerls. Ellperhilllcw hallllllhuwn Ihal minimal que$ CCln be Gntlclpatod when
pay points are maximized; we expect to be able to implement a minimum of ten pay
points which could be expanded to fourteen Quite easily depending upon crowd
characteristics, and back-ups .xp.riencod along tho fooelor roadways.
05/31/95 17:39 "6192214444
..A
e.SS416S26
~ 005/008 \
"..1
STARBOARD
Post-It" Fax Noll
,.. J
7871
-,
,\
22-1-
,
SBA
April 19,1995
Mr. Bill Darnell
1202 Kettner BIveI., Ste. B
San Diego. CA. 92101
Re: Proposed MCA Amphitheatre.
Chule Vista. Calif.
Dear Mr_ Darnell,
Thanj( you for your time on the "phone yesterday to discuss In greater detail how the
proposed facility may work operationally relative to vehicle and pedestrian circulation.
Several questions were raised by you that I indicated I would respond to In writing
which follows.
In reference to the previously provided operations plan, the parking lot references are
as follows:
- Parking Area "A" - #3
- Parking Area "B" . '1
_ Parking Area "C. - '2
Parking Area "0" ..14
The most likely scenario for vehiclt/pedestrlan control will be as follows (as mentioned
In our original operations outlin. we took note that an operations plan Is dynamic...as
operations ')(I)'rience increases changes to the plan will likely occur):
~
lot #3 (Load-In)
Vehicles wRl enter off Castle Pines Ave. (private) and will feed off a perimeter road
which runs parallel to Castle Pines on the Interior of the lot. The parking rows wOlload
._I......IPI..nn.... 7A462 L. Hann08a Laguna Niguel, c.rrfomla 82677 7144957787/7144957788
eeSS416S26
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p.e2
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8118
STARBOARD
"
Proposed Chule Vieta Amphitheatre
April 19. 1995
Page two
from west to east and from nonh to south, The perimeter drive adjacent to the facility
itself will not be !.ised except for drop off and emergency services and load-out.
Pedestrians will walk 10 queuing lines along the parking rows and facility walkways
awav from the vehicle load. ins
Lot '4 (Load-In\
Vehicles will.nter off Castle Pines Ave. to a north-south shon perimeter feeder. then
fill the parking bays from east to west and north to south over to the first cross aisle.
Pedestrians will cross Spy Glass Hill Road at this cross aisle then proceed to the
South Entry Plaza thus avoiding traffic on Spy Glass as well as parking lot circulation
In Lot #14
Vehicles will also enter this lot off Spy Glass HIli road at the cross aisle/entry closest to
Otay Valley Road. will feed across the perimeter drive parallel and most northerly to
Spy Glass Hili and que into the parking rows from the east. parking west to east and
north to south; this leaves Spy Glass Hill free of traffic west of this parking lot entrance.
Lot 112 (Load. In}
Vehicles will enter the driveway adjacent to the service drive entry off Spy Glass Hili
Road. then east along the parallel interior circulation roadway. The parking rows will
load from the North to South and from West to East. Pedestrians will walk across the
parking rows away from the vehicle load-In points. The perimeter roadway adjacent to
the facility will not be used except for service and drop off. and load.out.
~ot '1 (L9ad-ln\
Vehicles will enter the first driveway off Otay Rio Road double back on the interior
roadway which parallels OIay Rio and feed Into the parking bays from the interior
roadway on the north, from north to south and from wast to east. Pedestrians will
access the amphitheatre just west of the lot entrance driveway away from the vehicle
load-in points. This "cross.walk" will be continuously controlled as It Is on a public
street by amphitheatre personnel and. as may be required. by local police deputies.
Depending on the size of the concert. an additional driveway at the westem end of this
lot will allow vehicles to enter the westem end of the lot and basIcally fill lot '1 from
both ends. Traffic breaks will be required to get patrons across Otay Rio Rd. In the
event both drives are used.
J..PAD.Ou.:r
The largest press of traffic will be. of course. at the end of the concert. Lots'1 and ,g
eeSS416S26
Ij!j 007/008
p.ea
05/31/95 17:41 "6192214444
88A
STARBOARD
Proposed Chula Vista Amphitheatre
April 19. 1995
Page three
will both load onto Otay Rio P.oad then nonh (westbound) onto Otay Valley Road. Lots
'4 and #/2 will load onto Spy Glass Hill Road and split load Otay Val:ey Road both
north and southbound. Manual control will be set up at all driveway exits from lots 1.2.
3 and 4 onto the existIng roadway network. Manual control will also be set up at Otay
Rio Road and Otay Valley Rd., and Spy Glass Hili Road and Otay Rio Road. These
control points will likely be a combination of amphitheatre security personnel and
police deputies.
As may be required, manual control with police deputies will also occur at Otay Vaney
Road and Brandywine, Oleander, and the Interstate Interchange. as well as Otay
Valley Road and Highway 117.
All of the above control poInts will be interconnected with radios to the central control
office on-site (security office). This will facilitate traffic shunting In the event one exit
route becomes over congested or If an accident occurs.
In all the above related scenarios it Is Important to poInt out that all operations plans
are updated from concert-to-concert with respect to the type of concert crowd. size of
crowd, and Incorporation of on-going operations experiences.
COORDINATION OF NON-CONCERT PUBLIC TRAFFIC
Along Otay Valley Road and Otay Rio Road there is the question of how thru public
traffic and emergency vehicles can deal with concert traffic. Both roadways will have
one counterflow lane which will be controlled by amphitheatre security personnel
andlor polict deputies (depending on location and specific approved traffic plan)
thereby keeping vehicle speed In the 10 to 15 MPH range. All control points will be
linked by radio which will be helpful In coordination of pass thru movements of non-
concert traffic. In order to keep congestion to a minimum along Otay RIO Road,
queuing lanes will be designed to occur on-site and will be far enough Into the interior
lots or private roads to minimize back-up onto this roadway. AgaIn. radio contact
between major control points will allow traffic to be shunted to the more fightly loaded
lot entrances thereby minimizing congestion on public streets.
PAY POINTS AND QUIUING LANES
In general. the industry rule of thumb for anticipating patron vehicle queuing Is a two
hour load-In sequence which for an 8:00 pm show begins around 6:00 pm. Statistical
averages for money handling are in the range of 18 to 20 seconds per transaction. or
one vehicle usher is able to handle 180 and 200 cars per hour. A sell out.how would
then require approximately 15 to 16 que lanes If all vehicles were to be processed In 2
hours for a sellout shew (8000 vehicles). The following is a summary of pay points
eeSS416S26
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"..4
.05/31/95 17:43 ~61922i4444
IIIIA
:.TARBOARD
"
Proposed Chula Vista Amphitheatre
April 19. 1995
Page four
and queuing lanes:
.Lot '3
~ P.P. on Castle Pines Ave., each lane 6OO'Iong
LPt .1
2 P.P. along the perimeter roadway, each lane 550'long
2 P.P. @ westerly perimeter roadway off Otay Rio Rd. each lane 200' long
lot'2
"P.P. at south end of Castle Pines Ave., each lane 5OO'Iong
Lot '4
3 P.P. at driveway off Spy Glass Hili Rd., each lane 300' long
We hope this Information adequately addresses your questions and concerns and we
remain available to provide further assistance If such Is needed,
Very truly yours.
William C. Bethmann
a.BA
..
June 8, 1995
Mr. Randy Jackson
Starboard Development
1055 Shafter St.
San Diego, CA. 92106
Re: Proposed M.C.A. Amphitheatre,
Chula Vista, Calif.
Dear Randy;
"
BBA
Per the request of yourself and Mr. Martin Miller, City of Chula Vista Associate Planner,
we are including the following operations information which will supplement previous
operations descriptions forwarded to you,
The primary concert season will run from April thru November with an anticipated
maximum of approximately 50 to 60 events per year. Typical evening shows will
attract a reserved seat audience of approximately 8,000 to 10.000 persons, with most
shows anticipated to occur on weekend nights and the remainder being weekday
evening events, Experience has shown that the biggest months will be July and
August although it is not rare to have an especially large show during other "shoulder"
months.
The following is a typical ancillary use guide:
TYPICAL ANCILLARY USES OF THE ENTERTAINMENT CENTER
Regional
(Typically Saturday and Sunday)
Music festivals (multiple acts)
Musicals (dance. theatre)
Crafts fair/swap meet
Special event festivals (food. film.
theme period crafts)
Special automobile sales events
Sunrise services/Easter Sunday
Community
(Typically Saturday and Sunday)
Special City event Concerts
Fund raisers, rallies, local artisan
and craft fairs
High school graduation
Fourth of July Independence
Time
10 am to 11 pm
6pmt011 pm
7amt04pm
9amt011pm
9amt06pm
6 am to 12 pm
10amt011pm
10 am to 11 pm
10amt011pm
10 am to 11 pm
Estimated
Attendance
20,000
10,000
10.000
10,000-20,000
10,000-20.000
10,000-20,000
10.000-20.000
10,000-20,000
10,000
10,000-20.000
ArchitectsIPlanners 24462 La Hennosa Laguna Niguel, Califomia 92677 7144957797/7144957798
'.
Day Celebration
Security for non-concert events, such as those listed above, can and will be provided
on an as-needed basis to the user on a cost reimbursement format (to most users---
other could be on a "gratis" basis). On" dark" days, minimal on-site security will be
maintained. likely a private security specialist. The amphitheetre facility itself will be
encircled with security fencing and gates. security lighting wiit be implemented and a
security specialist will patrol the facility. As there will be many full time employees
present at the facility on an on-going basis the amphitheatre will be manned during the
majority of the year.
Regarding illegal parking, those so parked on amphitheatre property will be cited and
towed immediately. Those parking illegally on surrounding roadways will be
remanded to the sheriff's or police department for citation and immediate towing (this
procedure will be necessary due to the need to have these roadways clear for
amphitheatre ingress and egress).
Further to the cities request for additional information concerning parking requirement
calculations we would like to offer the following supplemental information. Parking
ratios vary widely over the country with very little logical correlation except that these
ratios appear to be higher in the east than west or midwest. The average of all
facilities which are known to the undersigned is around 3.3 to 3.4 occupants per car
which would generate the need for 5,882 to 6,067 spaces for a 20,000 seat facility,
plus some employee parking. This is what has generated the numbers we are looking
at on our site plan.
In addition, there has been interest shown in how our parking layout was generated.
Each row of parking has been calculated as follows:
standard stall size: 8.5' wide by 18' long,
compact stall size: 7.5' wide by 18' long,
handicap stall size: 12' wide by 18' long,
parking aisle: 24' wide,
percentage of compact: 45%,
length of each row is calculated
45% of spaces are calculated at 7.5' wide; 55% of spaces are calculated at 8.5'
wide; resultant is the number of cars per parking row
handicap spaces are grouped immediately adjacent to the box office and are
properly designated and fully striped
all other parking aisles are striped down the center (for double loaded parking
aisles), and the ends are striped; we normally avoid striping individual spaces
in attended parking situations.
An acceptable alternate to the above plan would be to fully stripe all lots (except
handicap areas and meadow lots) with 8' by 18' spaces which comes quite close to
the average ratios of standard to compact spaces anticipated above.
the average ratios of standard to compact spaces anticipated above.
Randy. please let us know if we can be of a:ny other assistance to you. We would be
happy to supply any other information you may request.
Bill Bethmann AlA, SARA, AICP
BBA
President
/
Attachment 2
EXHIBIT 7a
to
EXHIBIT 7e
Ingress/Egress Plans for
the MCA Amphitheater
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Attachment 2
EXHIBIT 8
MCA Amphitheater
Noise Contour Map
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Attachment 2
EXHIBIT 9a
MCA Amphitheater
Noise Monitoring Locations
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FIGURE
CONCERT NOISE SIMULATION
MONITORING LOCATIONS
5
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Attachment 2
EXHIBIT 9b
MCA Amphitheater
Tabular Results of
Noise Test by
Monitoring Location
Noise
TABLE 3.3-3
Concerl Noise Simulotion Study Resulls
............ .... 07 n4/94 Noise Level ........ I. 04/17/95
... Location Noise
.. ... .... ..... Avg. Peak .... T _.
Mix Position 105 105 Reference 95
200' behind speake... 68 68 1A 60
B N/A N/A 1B 45
C N/A N/A 2A 60
D 57 62 2B 47
E N/A N/A 2C 37
F N/A N/A 3A 45
G 43 N/A 4A 47
H 67 68 SA N/A
X 52 56 6A N/A
Y 58 62 7A N/A
Z 66 68 7B N/A
Houses <49 N/A 7C 53
Animal Shelter <49 N/A 7D 55
VOR 41 45
Gun Club 61 70
Bridge 66 74
Bird Habitat 53 N/A
Soun:e: WJHW Report No. 94049-Ql. April 21.1995
NI A - DOt audible:
Attachment 2
EXHIBIT 10
June 20, 1995 letter from
Mrs. E. Saunders
and
July 22, 1995 letter from
Mr. Raymond Estrada
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July 22, 1995
-
City of Chula Vista
Attn. Planning Dept
0276 Fourth Avenue
Chula Vista, CA 91910
Re. EIR-95-03 & PCC-95-47 (Ampitheater)
.( '..
0, ...~. {;
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Dear Sirs.
As a city resident who resides in close proximity to the proposed
amphitheater which will be the topic of an upcoming hearing, I
would like to present my concerns as follows.
The City of Chula Vista is extremely selective in enforcing
its own noise ordinance and gives obvious preferential treatment
to companies who employ more than two or three employees.
Witness the ongoing continuous and recurring noise violations
which take place 24 hours a day at Hyspan Precision Products,
1685 Brandywine Avenue. There is little doubt that another
corporation or industry such as the amphitheater, which would
bring a little more money into the city coffers, would also be
given preferential treatment and permitted to break laws and
municipal ordinances with impunity while the City of Chula Vista
permits and assists with its city resources and tax dollars to
perpetuate further transgressions into the peace of a once quiet
community.
I am not aware that sound testing was conducted for this site
and if it was, it must have been on an occasion when Hyspan
Products was making its usual loud industrial noise which often
equates to colliding locomotives and therefore, the residents
were not afforded the appropriate opportunity to listen to the
testing and to judge for themselves whether the noise levels
would be acceptable. All residents should have been advised of
the times and dates of the testing and surveys of my residential
community should have been taken immediately thereafter.
I am aware that the UNOCAL service station at Oleander and
Orange Avenue was recently prohibited from remaining open 24
hours a day due to noise created by individuals pumping gas and
the resultant complaints from nearby residents created the city's
action. This would seem to be disparate treatment as it relates
to enforcement of noise violations since HYSPAN does not comply
with the city ordinance and it therefore should be presumed that
neither will the amphitheater.
The residents of the City of Poway have been fighting the
introduction of a similiar amphitheater to its community and
those same residents have related this type of business erodes
the entire community structure because of the introduction of
. "
unsavory characters and their associated criminal activity. They
have also obtained data which supports their argument. I will
endeavor to obtain that information for presentation at the
hearing.
I fail to see how the community can be improved by permitting an
amphitheater to also be used as a "swap meet." Surface streets
adjacent to the area will be heavily congested on days when the
residents would like to enjoy the tranquility of their
neighborhoods, the weekends.
South Chu1a Vista is becoming a dumping ground for the City
Planning Commission and the City Council. It's time to stop the
further contamination of this area through passage of issues
which do not include the con census of its taxpayers and voters
who expect representation with their best interests at heart!
This includes the Planning Commission who has to be frequently
reminded they do not work for the businesses who propose to move
into the community - they work for the residents of Chula Vista!
I look forward to attending the hearing to express the views
noted above.
SinCerelY'~
~;[lt."'d'
1678 Pelican Point Court
Chu1a Vista, CA 91911
\
Attachment 3
Design Review Committee Minutes
fro the 7/24/95 Public Meeting
MINuTES OF A REGULAR MEETING OF THE '.
DESIGN REVIEW COMMI'ITEE
DRAFT
Mondav. July 24 1995
4:30 p.m.
Conference Rooms 2 and 3
/1. '. ROLJ--(;:AL~::..:
MEMBERS PRESENT:
MEMBERS ABSENT:
Chair Spethman, Vice Chair Rodriguez, Members Dllnr...nson and
Kelly
Member Way, with notification
STAFF PRESENT: Principal Planner Steve Griffm
Associate Planner Luis Hernandez
B. INTRODUCTORY REMARKS
Chair Spethman made an opening statement explaining the design review process and the
committee's responsibilities. He asked that all speakers sign in and identify themselves verbally
for the tape when speaking.
APPROVAL OF MINUTES
UC (SpethmanlRodriguez) (3-0) to approve May 22, 1995 minu
me r Kelly had provided notification of her absence; and corr
by de the word .could..
corrected to indicate that
on page 2, last sentence,
D.
1.
/'
Staff Presentation
Associate Planner L' Hernandez noted that 991, expansion plans for Scripps Memorial
Hospital within own Centre II Redevelopme ea were approved by the Design Review'
Committee. H ted that the current proposal is a ed-dOWD plan for the expansion of the
hospital, an viewed the site plan and building archi e. Mr. Hernandez stated that staff
recomme approval subject to the conditions listed. e staff report, noting that the
norther zoning wall had been waived in the previous approv d therefore should be deleted
fro ese conditions, and that the recommended 8' I"nd~ n were typically required at
6' hich should also be changed.
Aoolicant Presentation
Project Architect James Leary representing Scripps Memorial Hospital stated that
industry was undergoing a revolution, resulting in major changes in the way care
DESIGN REVIEW COMMftTEE
-3-
JULY 24. 1995
2.
DRC-95-41
MCA Amphitheater
West side of Ot&y Vallev Road/South of Ot&y River
Preliminary Presentation
Staff/ Applicant Presentation
Associate Planner Hernandez briefly reviewed the proposal, an outdoor amphitheater with
capacity for approximately 20,000 people. He described the site and the surrounding area,
noting that the property is governed by an existing Precise Plan; the proposal includes requested
deviations from the Precise Plan guidelines, including exceptions to signage and building height.
Mr. Hernandez stated that staff supported the project, including deviations from the Precise Plan
regulations, subject to the conditions listed in the staff report.
Mr. Bill Bethman, one of the project architects, next reviewed the proposal, noting that MCA
is seeking to create a total environment for patrons. He stated that the orientation of the
building is driven primarily by sound mitigation, pointing out the siting of the structure as well
as berming provided on the plan. Mr. Bethrnan stated that the food concession areas have been
designed for flexibility, adding that they provide the opportunity to offer varied menus from one
event to another.
Architect Dennis Rogers further reviewed the plan, describing the site plan and the various
functions provided for. He stated that the design utilizes a southwestern, natural feeling that also
makes the patron feel the he/she is a part of the event. Landscape architect Kathy Garcia
reviewed site landscaping, which will include the transplanting of existing pepper trees on the
site to the perimeter of the northerly grass parking area.
Committee Ouestions
Chair Spethman questioned the types of grasses proposed for the grass parking areas; Ms. Garcia
responded that the seed supplier had made recommendations on the blend of grasses. Member
Rodriguez questioned the 5' landscape buffer required at the rear of the site; Mr. Hernandez
stated that while landscaping was provided at this area, it did not include a consistently 5' wide
strip. He added that natural terrain lay beyond this area to the south. Member Kelly asked if
special lighting would be provided for pedestrian access areas; Mr. Bethrnan stated that medium
height poles would provide lighting, but were not intended to funnel people. Chair Spethrnan
noted that very little sign information is presented, and stated that he wanted to see more specific
details on overall signage for the project.
Chair Spethrnan expressed disappointment regarding the lack of information provided on the
swap meet aspect of the site's usage, stating that he was very concerned with this. Mr. Bethrnan
stated that from a design standpoint, the location and the project design reduced visual impacts.
Mr. Hernandez stated that the land use issues will be handled through the conditional use permit
process, to be considered by the Planning Commission. He stated that the purview of this
committee is project design alone and it is not appropriate for the committee to base a decision
on land use considerations.
Chair Spethman stated that he was concerned about screening and signage and was
uncomfortable with the potential impacts of a swapmeet; member Rodriguez concurred, adding
that the grass areas could be used for more regular parking or storage for the swapmeet. Chair
DESIGN REVIEW COM1\!. fEE
-4-
JULY 24. 1995
Spethman expressed concerns about approving the project with the swapmeet aspect; Mr.
Hernandez reiterated that land use was not something on which this committee could base a
decision, although concerns regarding the use could be forwarded to the Planning Commission.
Member Kelly stated that the project should be presented as a multi-use amphitheater, noting that
signs, trash, and other potential impacts are presented. Chair Spethman stated that he would
be satisfied with a condition that both permanent and temporary signage be returned to the
committee for review.
In response to questions regarding the height and construction of the screen, Mr. Rogers
presented a section depicting the relative height of the screen and stage to the berm area and
described the materials used for construction of the structure.
Public Comment
Mr. John Willett introduced himself as the Chair of the Otay Valley Regional Park Citizen's
Advisory Committee, noting that he was also a member of the city's Planning Commission. He
described the Otay Valley area surrounding the site, including the changes in elevation, and
discussed proposed recommendations for revegetating the exterior boundaries of the site. Mr.
Willett stated that the OVRP CAC had concerns with the project with respect to noise, lighting,
and tree planting, and discussed the trails plan for the Otay Valley Regional Park. In response
to questions from Chair Spethman, Mr. Willett stated that after review and discussion, the
OVRP CAC did not have any problems with the project's architecture as the proposal blends in
with the surrounding hills, berms, and tree planting. Chair Spethman asked about the Planning
Commission's response to the swap meet aspect of the proposal; Mr. Willett stated that the
Planning Commission had reviewed the proposal and bought the idea. He further noted that the
Resource Conservation Commission had recommended certification of the EIR, which indicated
no adverse impacts.
A member of the public noted that there is only one way in and out of the site, raising the
question of whether this creates the potential for traffic to be blocked by one motorist; Mr.
Bethman stated that this has never happened at any MCA site.
MSUC (Spethman/Rodriguez) (4-0) that members have reviewed and considered EIR-95-03.
MSUC (Spethman/Rodriguez) (4-0) to approve DRC-95-41 subject to the conditions listed in the
staff report, with the following modifications:
delete condition "dO;
add condition "e" - "A complete sign program shall be returned to the Design Review
Committee for review and approval";
add condition "f" - "Signage and/or buildings, both temporary and permanent, for uses other
than the principal operator shall be returned to the Design Review
Committee for review and approval".
E. ADJOURNMENT
The meeting was adjourned at 6:45 p.m.
fut;f ~L)
Patty Nevins, Recorder
Attachment 4
Disclosure Statement
.
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
You are required to file a Statement of Disclosure of certain ownership or financial
interest payments, or campaign contributions, on all matters which will require
discretoonary action on the part of the City Council, Planning Commission, and all
other official bodies. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property which
is the subject of the application or the contract, e.g. owner, applicant,
contractor, subcontractor, material supplier.
Bitterlin Starboard Development Partners
Bitterlin Midway Corp.
Starboard Midway, Inc.
MCA Concerts, Inc.
Los Alisos Development America Kukdong, Inc.
2. If any person identified pursuant to (1) above is a corporation or partnership,
list the names of all individuals owning more than 10% of the shares in the
corporation or owning any partnership interest in the partnership.
Bitterlin Midway Corp.
Chris Bitterlin
Mark Bitterlin
Starboard Midway, Inc.
G. Bradford Saunders
John P. Starkey Family Trust
3. If any person identified pursuant to (1) above is non-profit organization or a
trust, list the names of any person serving as director of the non-profit
organization or as trustee or beneficiary or trustor of the trust.
John P. Starkey Family Trust
John P. Starkey, Trustee
4. Have you had more than $250 worth of business transacted with any
member of the City staff, Boards, Commissions, Committees, and Council
within the past twelve months?
No
I
\.
City of Chura Vista Disclosure Statement
Bitterlin Starboard Development Partners
March 15, 1995
Page Two
-,
5. Please identify each and every person, Including any agents, employees,
consultants, or independent contractors who you have assigned to represent
.you before the City in this matter.
Randy Jackson
Chris Bitterlin
Dave Nielsen
O'Malley Miller
Bill Bethmann
Tom Anglewicz
G. Bradford Saunders
Mark Bitternn
Jon Demorest
Doug Paul
Kathy Garcia
6. Have you and/or your officers or agents, In the aggregate, contributed more
then $1,000 to a Council member in the current or preceding election period?
No
Date:
March 15, 1995
C-:>O:E )-
Chris Bitterlin
Bitterlin Starboard Development Partners
t\~ "'^' ~-,
. Bradford Saunders
Bitt evelopment Partners
Attachment 5
Public Forum Issues
PCC-95-47/IS-95-03: MCA AMPHITHEATER
ISSUSES DISCUSSED AT THE PUBLIC FORUM
June 22, 1995
The following list of issues were discussed at the MCA Amphitheater public forum held for
area residents at Lindo Valle Elementary School on June 22, 1995. Each issue is expanded
upon in the Staff Report to the Planning Commission/City Councilor EIR-95-03.
List of Issues Discussed in Alphabetical Order
Auto-Related
Amphitheater Access
Parking
Street Improvements
Traffic - Inbound & Outbound
Financial
Assessments/Taxes
Property Values
Revenues
Accessibility
Otay Valley Regional Park
Amphitheater Operations
Planning/Environmental
Design
DERI
Lighting
Noise
Land Use
Security/Emergency Response
Transit
Open Air Market
A TT ACHMENT 5 - Page 1 of 1
Attachment 6
EIR-95-03
CEQA Findings of Fact
BEFORE THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
RE: MCA CHULA VISTA AMPHITHEATER
SCD# 95031073
FINDINGS OF FACT
I. DESCRIYfION OF THE PROJECT
The proposed site for the MCA Chula Vista Amphitheater consists of 72.5 acres located at the
Otay Rio Business Park - Phase I approximately 1.5 miles east of 1-805 and the Otay Valley
Road interchange. The property is bounded by the Otay River to the north, Otay Valley Road
to the east, steep slopes rising to Otay Mesa to the south, and by undeveloped land to the west
The project site is within the City of Chula Vista's Eastern Territories Area Plan as designated
by the Chula Vista General Plan. Regional access is provided by Otay VaHey Road, which
traverses the east portion of the site and links with 1-805 and 1-5 (via Main Street) to the west
and 1-905 via Heritage Road to the south.
The MCA Chula Vista Amphitheater project consists of a 20,000 person capacity outdoor
amphitheater consisting of approximately 10,000 fixed seats and grass berms to provide lawn
seating for 10,000 patrons. The objective of the proposed project is to provide a large capacity
outdoor amphitheater for entertainment, cultural, and civic events including world-class concerts,
plays, and dance performances, public speakers, and multi-media presentations for patrons from
San Diego County and Southern California. In addition, an open air market is proposed to be
held in the parking areas, Thursday through Sunday. It is anticipated that the open air market
could potentially cover Parking Areas I, 3, and 4, and could accommodate up to 250 individual
vendors.
The amphitheater will include a main stage, stagehouse structure, permanent one-story structures
including ticket sales, concessions, restrooms, and first aid/medical station. The main stage will
be located 20 feet below surface grade, with a maximum height of structures of 85 feet high (60
feet above surface grade). The seating areas will include fixed seating areas and lawn seating
on lawn berms. The amphitheater will have entrance plazas with concession facilities for access
from parking areas to the seating areas with sloped ramps and walkways.
Discretionary actions associated with the proposed project include a Conditional Use Permit,
Design Review, Lot Consolidations, Street Vacations, and a Development Agreement The
proposed project also includes an amendment to the Municipal Code to clarify the definition of
environmental noise.
MCA ChuJa Vista Amphitheater
1
CiJy 01 Chula Vista
Findings of Fact
II. ADMINISTRATIVE RECORD
For purposes of CEQA and the findings set forth in the following pages, the administrative
record of the City Council decision on this project shall consist of the following:
1. The Draft and Final EIR for the project, both of which reflect the independent judgement
of the City of Chula Vista City Council;
2. All reports, memoranda, maps, letters, and other planning documents prepared by the
environmental consultant and the City that are not privileged communications under the
Public Records Act;
3. All documents submitted by members of the public, and public agencies in connection
with the proposed project;
4. Minutes and verbatim transcripts of all public meetings and public hearings held by the
City;
5. Any documentary or other evidence submitted at public meetings and public hearings;
and,
6. Matters of common knowledge to the City, including but not limited to, the following:
a) Chula Vista General Plan
b) Chula Vista Zoning Ordinance
c) Chula Vista Threshold/Standards Policy
d) City of Chula Vista, Final EIR - Otay Rio Business Park (EIR 87-2), June 24,
1987
e) City of Chula Vista, Negative Declaration 1-95-02, Chula Vista Corporation
Yard. December 16, 1994.
III. TERMINOWGY/THE PURPOSE OF FINDINGS UNDER CEQA
Section 15091 of the CEQA Guidelines requires that, for each significant environmental effect
identified in an ElR for a proposed project, the approving agency must issue a written finding
reaching one or more of three allowable conclusions. The fIrst is that " [changes or alterations
have been required in, or incorporated into, the project which avoid or substantially lessen the
significant environmental effect as identifIed in the Final EIR." The second potential fInding
is that "such changes or alterations are within the responsibility and jurisdiction of another public
agency and not the agency making the finding. Such changes have been adopted by such other
agency or can and should be adopted by such other agency." The third permissible conclusion
is that "specific economic, social or other considerations make infeasible the mitigation measures
or project alternative identified in the Final EIR."
MCA Chula Vista Amphitheater
2
City of Chula Vista
Findings of Fact
As regards the first of the three potential findings, the CEQA Guidelines do not define the
difference between "avoiding" a significant environmental effect and merely "substantially
lessening" such an effect. The meaning of these terms therefore must be gleaned from other
contexts in which they are used. Public Resources Code Section 21081, on which CEQA
Guideline Section 15091 is based, uses the term "mitigate" rather than "substantially lessen."
The CEQA Guidelines therefore equate "mitigating" with "substantially lessening." Such an
understanding of the statutory term is consistent with Public Resources Code Section 21001,
which declares the Legislature's policy disfavoring the approval of project with significant
environmental effects where there are feasible mitigation measures or alternatives that could
"avoid or substantially lessen" such significant effects.
For purposes of these findings, the term "avoid" will refer to the ability of one or more
mitigation measures to reduce an otherwise significant effect to a less-than-significant level. In
contrast, the term "substantially lessen" will refer to the ability of such measure or measures
to substantially reduce the severity of a significant effect, but not to reduce the effect to a level
less than significant. Although CEQA Guidelines Section 15091 requires only that approving
agencies specify that a particular significant effect is avoid[ed] or substantially lessen[ed]]," these
findings, for purposes of clarity, in each case will specify whether the effect in question has been
fully avoided (and thus reduced to a level less than significant) or has simply been substantially
lessened (and thus remains significant). Moreover, although Section 15091, read literally, does
not require findings to address environmental effects that an EIR identifies as merely "potentially
significant," these findings will, where appropriate, fully account for all such effects identified
in the Final EIR.
IV. LEGAL EFFECT OF FINDINGS
To the extent that these findings conclude that various proposed mitigation measures outlined in
the Final EIR are feasible and have not been modified, superseded, or withdrawn, the City of
Chula Vista (City) hereby binds itself and any other responsible parties to implement those
measures. These findings, in other words, are not merely informational or hortatory, but
constitute a binding set of obligations that will come into effect when the City adopts a resolution
approving the project.
V. MITIGATION MONITORING AND REPORTING PROGRAM
As required by the Public Resources Code Section 21081.6, the City Council of the City of
Chula Vista, in adopting these findings, also adopts a mitigation monitoring and reporting
program. The program is designed to ensure that, during project implementation, the City and
other responsible parties comply with the feasible mitigation measures. That program is
described in the document entitled, MCA Chula Vista Amphitheater Mitigation Monitoring and
Reporting Program.
MCA ChuM Vista Amphitheater
3
CiJy 01 Chula Vista
Findings of Fact
VI. SIGNIFICANT AND POTENTIALLY SIGNIF1CANT EFFECTS
The Final EIR identified one significant and several potentially significant environmental effects
(or impacts) that the proposed MCA Chula Vista Amphitheater would cause. These potentially
significant effects will be avoided through the adoption of feasible mitigation measures, while
one cannot be avoided.
Potentiallv Silmificant Effects
The following environmental effects, which would be significant (or potentially significant) in
the absence of mitigation measures, can be avoided because of the adoption of mitigation
measures.
TransDortation/Circulation
The proposed project will generate traffic in off-peak hours. With incorporation of the
mitigation measures, the proposed project will not result in significant adverse impacts to traffic
operations. The proposed project will not reduce intersection levels of service to unacceptable
levels at various locations for the projected periods in time (1996, 2010, and 2015 Buildout).
The proposed project will not result in significant adverse impacts based on the off-peak hours
of amphitheater use and off-peak hours of open air market use. In addition, the proposed
expansion of adjacent street systems will accommodate project-related traffic volumes from 1996
through 2010. Upon area buildout in 2015, the surrounding street network will have expanded
to provide project site access from four directions.
Noise
The proposed project may result in short-term construction-related noise, transportation-related
noise, and an increase in long-term noise levels due to concert events. Construction noise
impacts are considered less than significant. Traffic noise impacts are considered less than
significant.
Concert noise impacts are considered to be less than significant upon construction of the facility
since no significant impacts to existing surrounding land uses have been identified. Concert
noise might become significant in the future, when and if planned residential development
occurs, depending on future ambient noise levels and sound attenuation associated with that
future development. Should such future concert-related noise impacts occur, implementation of
the mitigation program identified will reduce concert noise impacts to less than significant levels.
Air Oualitv
Air pollution emissions will increase as a result of increased traffic and construction activity.
The proposed project is located in a non-attainment air basin and will result in emissions that
exceed thresholds established by the South Coast Air Quality Management District for carbon
MCA Chula Vista Amphitheater
4
City of Chula Vista
Findings of Fact
monoxide, nitrogen oxides, and reactive organic compounds.
Silwificant Effects
The proposed project would result in the following irreversible environmental changes:
. Air pollution emissions will increase as a result of increased traffic and construction
activity. The proposed project is located in a non-attainment air basin and will result in
emissions that exceed thresholds established by the San Diego Air Quality Management
District for carbon monoxide, nitrogen oxides, and reactive organic compounds.
As described in the Statement of Overriding Considerations, the City Council has determined
that these impacts are acceptable because of overriding economic, social and other
considerations.
VII. MITIGATION MEASURES
The subsections below restate the impacts and the mitigation measures to be adopted to avoid
impacts (or the reasons the mitigation measures or alternative are infeasible due to specific
economic, social, or other considerations). There are no measures or alternatives that are within
the responsibility and jurisdiction of another public agency to adopt or implement
A. TRANSPORT A TION/CIRCULA TION
Potentiallv Silwificant Effect: Implementation of the proposed project without the widening
expansion of Otay Valley Road and the bridge crossing the Otay River would result in project
traffic impacts.
Findinl!s: Changes or alterations have been required in, or incorporated into, the project which
will avoid the potentially significant environmental effects identified in the Final EIR. For
mitigation required on facilities controlled by Caltrans, as in Mitigation Measure Number 5
below, such changes are within the responsibility and jurisdiction of another public agency and
not the agency making the finding. Such changes have been adopted by such agency or can and
should be adopted by such other agency.
Mitil!ation Measures: The following mitigation measures are designed to accommodate the
anticipated traffic impacts associated with the project
1. Complete the widening of Otay Valley Road from 1-805 to Nirvana Avenue to
provide the ultimate six-lane cross-section and median or, as an interim measure,
2. Complete the widening of Otay Valley Road from 1-805 to Otay Rio Road as
currently planned by the City of Chula Vista.
MCA ChuM Vista Amphitheater
5
City of ChuJa Vista
Findings of Fact
a. From Nirvana to northwest of the Ctay River crossing, modify the
planned improvements to provide three westbound lanes and two
eastbound lanes.
3. Between Ctay Rio Road and approximately 1,200 feet northwest of the Ctay
River crossing, provide channelization/coning of traffic during events to provide
three eastbound lanes (inbound) for arriving traffic while maintaining one
westbound lane. For departing traffic, provide three westbound lanes and one
eastbound lane on Ctay Valley Road. This would be accomplished through use
of traffic control on Ctay Valley Road.
4. Ensure through adequate control, monitoring and enforcement that event patrons
park on-site and not on surrounding streets including Ctay Valley Road.
5. Modify the planned southbound I-80S off-ramp channelization at the Ctay Valley
Road interchange to provide exclusive left, left/through/right, and exclusive right
turn lanes.
6. Provide one traffic signal at a location to be determined by the City (Ctay Valley
Road/Otay Rio Road or Ctay Valley Road/Spy Glass Hill Road). If the signal is
placed at Ctay Rio Road, on-site circulation patterns and access control for non-
event operations (Le., industrial park, corporation yard and open-air market)
would be dictated by the signal location. Under this scenario, open-air market
traffic would enter at Spy Glass Hill Road and exit at Ctay Rio Road. Under
either scenario, the intersection of Ctay Valley Road/Heritage Road at Spy Glass
Hill road will require cleanup (grubbing, clearing and grading) on to the south to
improve sight distance.
7. Develop and implement a management and mitigation monitoring program
acceptable to the City of Chula Vista Traffic Engineer. The following measures
shall be incorporated into the plan and implemented as mitigation, however, the
City Traffic Engineer shall modify the plan as necessary to address any changes
in traffic characteristics over time:
a. Establish a Management Team consisting of MCA Amphitheater
management, City of Chula Vista, Caltrans, CHP and law enforcement
personnel for oversight and continued surveillance of the facility and
associated events.
b. The applicant, prior to Opening Day of the project, in concert with the
Management Team will develop a Traffic Management Plan (TMP) to be
used during the first year of operations. The plan will identify traffic
control, directional signing, variable message signs, traffic control
officers, coning, law enforcement and parking management procedures to
6
City of ChuJa VISta
MCA ChuJa Vista Amphitheater
Findings of Fact
be followed for the various size and types of concerts.
The plan will detail the manpower and equipment requirements. Also, the
plan will necessitate securing an Encroachment Permit from Caltrans to
implement the recommended procedures.
c. Prepare plans for directional signing to and from the amphitheater during
events. These plans will need to be closely coordinated with the City of
Chula Vista, Caltrans, and the City of San Diego. Event or temporary
signing would be required on I-80S, Otay Valley Road and Otay Mesa
Road.
d. Prepare and implement traffic control strategies and equipment
requirements for the intersections along Otay Valley Road and at Otay
Valley Road/Heritage Road. These strategies will need to address
manpower and equipment requirements and determine the hours of
operation.
Due to the heavy peak demands at the I-80S/0tay Valley Road
interchange, traffic control personnel will be assigned to assist in directing
of traffic at the interchange as well as at signalized intersections along
Otay Valley Road during full capacity events. Traffic control personnel
and barricades will also be employed at Oleander Avenue and/or other
local roadways as necessary to direct traffic and eliminate short-cut traffic
through residential areas.
e. Develop and implement an on site access plan to minimize conflicts with
pedestrian traffic and vehicles, adequately place pay points, and determine
procedures to fill the parking areas from Otay Valley Road via Otay Rio
Road and Spyglass Hill Road. This dual ingress scheme may need to load
both roads with inbound traffic simultaneously. The plan will need to
include:
Channelization/coning plans and traffic control personnel
requirements;
Location and number of pay points;
Pedestrian control onsite and to limit pedestrians along Otay Valley
Road;
Tow truck and emergency equipment for stalled and disabled vehicles;
and,
A plan to maintain access to and from the City of Chula Vista
Corporation Yard and other future adjacent uses during events. Due
to the heavy traffic demand during arrival and departure periods, it
may be necessary for amphitheater management personnel to make
7
City of Chula Vista
MCA Chula Vista Amphitheater
Findings of Fact
provisions for off-site facilities such as a separate driveway along the
southern site boundary to Otay Valley Road to accommodate
emergency activities of the City. Specific provisions to maintain
access to and from the corporation yard during events shall be
developed to the satisfaction of the Director of Public Works and
implemented prior to development of the corporation yard site.
f. The applicant will be responsible for all costs associated with the
development of and implementation of the TMP.
g. After completion of the first year of operation, the applicant will work
with the Traffic Management Team to refine the TMP for future years
of operation.
Recommended Event Monitorinl! Prol!ram (EMP)
An event monitoring program (EMP) shall be developed as an additional mitigation measure for
the proposed project. The standards to be achieved by the EMP are as follows:
. To ensure that area residents are allowed to travel to and from their homes to a
destination outside the area with minimal delay;
. To provide unconstrained access for emergency vehicles to the area;
. To provide monitoring of traffic flow and parking on streets in residential areas
during selected events and to provide for restricted access if necessary;
. To develop appropriate signage and advertising directing traffic to designated
parking areas based on the nature of the event and anticipated attendance; and
. To demonstrate sensitivity to the timing of events, taking into account parking and
traffic flows related to peak traffic periods, residential commuter patterns and
anticipated attendance.
B. NOISE
Potentiallv Sil!nificant Effect: The proposed project would result in concert noise which may
result in noise impacts in the future, when and if planned residential development occurs in
surrounding areas.
Findinl!S: Changes or alterations have been required in, or incorporated into, the project which
will avoid the potentially significant environmental effect identified in the Final EIR.
Mitil!ation Measures: Mitigation for concert noise impacts is not required for opening day of
MCA Chula Vista Amphitheater
8
City of Chula Vista
Findings of Fact
the facility since no significant impacts to existing surrounding land uses have been identified.
Concert noise impact mitigation will be required when and if it is determined that the standard
operation of the facility results in a pattern of violation that exceeds the threshold standards set
forth in the City of Chula Vista Noise Ordinance. A pattern of violation shall be determined
by the zoning administrator, in accordance with specific conditions placed on the Conditional
Use Permit for the amphitheater. The method of mitigation would consist of proven feasible
measures such as those listed below, any of which has the ability to feasibly mitigate impacts
to less than significant levels, applied either individually or in combination:
I. Construction of additional vertical barriers around the audience area.
2. Modified lawn speaker system designs that better control sound energy radiating outside
of seating areas.
3. Administrative controls over stage speaker sound levels to be applied if the reference
level at the mixing booth exceeds a specified threshold that is correlated to impacts in the
community.
C. AIR QUALITY
Silmificant Effect: Long-term air pollution emissions will increase as a result of increased
traffic and construction activity. The proposed project is located in a non-attainment air basin
and will result in emissions that exceed thresholds established by the South Coast Air Quality
Management District for carbon monoxide, nitrogen oxides, and reactive organic compounds.
The proposed project would result in long-term air quality impacts which contribute to a
cumulative significant impact that is not mitigable at the project level. Short-term air quality
impacts can be mitigated through measures identified in the EIR.
Findinl!s: No mitigation measures are available to completely avoid long-term impacts at the
project level. Mitigation of this impact relies on regional programs to reduce regional air
pollution. As described in the Statement of Overriding Considerations, however, the City
Council has determined that this impact is acceptable because of overriding economic, social and
other considerations. For short-term air quality impacts, changes or alternations have been
required in, or incorporated into, the project which will avoid the potentially significant
environmental effects identified in the Final EIR.
Mitil!ation Measures:
Construction ODerations
I. Implement dust control measures to maintain adequate soil moisture, as well as remove
soil spilled onto surrounding roads through site housekeeping procedures. Reduce
sources of dust by applying water to soil piles, exposed surfaces, and internal roads.
MCA ChUM Vista Amphitheater
9
City of Chula VISta
Findings of Fact
2. Implement construction operating procedures to reduce interference with existing traffic
and prevent truck queuing on any public roads. Limit operations to daytime periods of
better dispersion that minimizes localized pollution accumulation.
3. Restrict earth moving activities to 35 acres at any time, so that no more than half of the
project site is under disturbance.
4. Implement a construction equipment maintenance program to reduce equipment
emissions.
Transportation Operations
5. Provide facilities to increase the use of public transit and alternative transportation
methods, This would include access by buses and other multi-occupant vehicles during
major events.
6. Provide satellite parking with shuttle services to reduce access/egress congestion and to
alleviate parking space restrictions. Shuttle services will increase the anticipated 3 +
passenger per vehicle average vehicle ridership (A VR) for concert attendance.
7. Implement transportation demand management procedures for major events to evaluate
optimum access/egress routes and to encourage alternatives to low occupancy vehicles.
Procedures developed during the first few major events should be refined for subsequent
facility use.
VIII. INFEASffiILlTY OF ALTERNATIVES OTHER THAN PROJECT ALTERNATIVE
The approval of the project would cause significant unavoidable cumulative impacts by
contributing to existing regional air quality impacts. To mitigate this impact, this project and
other projects would not be allowed to develop. Essentially, all future discretionary projects
would have to be denied. The decision makers reject this approach because it would not achieve
the City goals for the commercial/industrial use of the project site.
Findin!!s: Specific considerations related to the ability of the alternatives to achieve the project
objectives and the inability to reduce impacts to less than significant levels make infeasible the
project alternatives identified in the EIR.
The decision makers have considered whether any of the project alternatives discussed in the EIR
could feasibly substantially lessen or avoid the identified significant effects. As explained below,
the decision makers conclude that none of the project alternatives could both meet the objectives
of the project and lessen or avoid the identified significant effects.
MCA Chu/a Vista Amphitheater
10
City of Chu/a Vista
Findings of Fact
There were seven alternatives, including the proposed project, evaluated in this EIR. These
alternatives were:
Alternative
Description
Proposed Project
MCA Chula Vista Amphitheater with a
20,000 person capacity and open air market,
Thursday through Sunday.
No Project/No Development
Maintain project site in partially developed
condition.
Designated Use
Development of the project site in
accordance with adopted research and
limited manufacturing land use designations
and zoning.
Reduced Capacity Amphitheater
Amphitheater capacity would be reduced by
one half (10,000 person capacity).
Chula Vista Bayfront Amphitheater
Amphitheater (15,000 person capacity)
located on Chula Vista Bayfront.
Poway Amphitheater
Amphitheater (20,000 person capacity)
located in the City of Poway.
Otay Ranch Amphitheater
Amphitheater located in proposed Otay
Ranch Master Planned Community.
No Proiect/No Development Alternative
Adopting of the No Project/No Development Alternative would avoid potential impacts
associated with the proposed project. Under the No Project/No Development alternative, the
project site would remain un utilized with existing site improvements remaining in an unused state
which presently includes graded building pads, street improvements (electric, sewer, water),
landscaped embankments/entrances, and monument signs. However, the No Project/No
Development alternative is considered infeasible as the project site has been designated and
zoned by the City of Chula Vista for development with Industrial - Limited Manufacturing and
Research land uses, and has been partially improved for that use. Moreover, it would not allow
achievement of the project objective of providing a large capacity outdoor amphitheater or an
open air market. It would not achieve the employment opportunities associated with the project.
MCA ChuM Vista Amphitheater
11
City 01 Chula Vista
Findings of Fact
Desilmated Land Use
The Designated Land Use alternative assumes that the project site would be utilized for the Otay
Rio Business Park in accordance with the designated use of Industrial - Limited Manufacturing
and Research land uses. The project site presently is developed with graded building pads, street
improvements, utilities, and landscaped embankments/entrances. Buildout under the existing
land use designations would utilize all 72.5 acres for industrial facilities. A complete analysis
of impacts associated with this alternative is contained in the Pinal EIR - Otay Rio Business
Park. This alternative does not meet the objective of the project to provide for an amphitheater
and would not mitigate the identified significant impacts to air quality.
Because this alternative would not meet the objectives of the project and would have the same
or greater air quality impacts as are anticipated with the project, it is rejected as infeasible.
Reduced Capacity Amphitheater
This alternative assumes the project site would be developed with a smaller amphitheater with
an estimated seating capacity of 10,000 seats. Impacts associated with this alternative would be
of similar type to those anticipated under the proposed project. However, for most of the
impacts, the intensity or extent of the impact would be reduced but not avoided under this
alternative. Implementation of this alternative would result in significant unmitigable impacts
to air quality. Cumulative impacts to air quality are due to regional conditions. This alternative
does not meet the objectives of the project to provide for a world-class amphitheater. To draw
the type and calibre of performers desired, a large capacity amphitheater is required. A reduced
capacity amphitheater would reduce the ability for the operators of the amphitheater to schedule
high calibre performers.
As discussed above, the significant unmitigated impacts of the proposed project would not be
avoided under this alternative and this alternative would not meet the objectives of the proposed
project. The alternative is therefore, considered to be infeasible.
Chula Vista Bayfront Amphitheater
This alternative is a 15,000-capacity facility proposed by the Nederlander Corporation along the
Chula Vista Bayfront. Implementation of the project at this location would not eliminate any
significant adverse impacts associated with the proposed location. As discussed in Section 4.0,
Alternatives, the Bayfront Amphitheater would result in similar or greater impacts to land use,
transportation/circulation, noise, air quality, biological resources, hydrology, public
services/facilities, and visual quality. This alternative has a smaller capacity amphitheater
(15,000 person capacity) than the proposed project (20,000 person capacity).
As discussed above, the significant unmitigated impact of the proposed project would not be
avoided under this alternative and has less capacity than the proposed project. Based on these
factors, the alternative is not considered a feasible alternative to the proposed project.
MCA ChuM Vista Amphitheater
12
Cilyot Chula Vista
Findings of Fact
Poway Amphitheater
This alternative is a 20,000 capacity facility proposed for a location in the City of Poway.
Implementation of the project at this location would not eliminate any significant adverse impacts
associated with the proposed location. As discussed in Section 4.0, Alternatives, the Poway
Amphitheater would result in similar or greater impacts to land use, transportation/circulation,
noise, air quality, biological resources, hydrology, public services/facilities, and visual quality.
As discussed above, the significant unmitigated impact of the proposed project would not be
avoided under this alternative and, indeed, this alternative would result in an increase in air
pollution emissions. Based on these factors, the alternative is not considered a feasible
alternative to the proposed project.
Otay Ranch Amphitheater
This alternative site is located about 1,000 feet east of the proposed project site. Implementation
of the project at this location would not eliminate any significant adverse impacts associated with
the proposed location. As discussed in Section 4.0, Alternatives, the Otay Ranch Amphitheater
would result in similar or greater impacts to land use, transportation/circulation, noise, air
quality, biological resources, hydrology, public services/facilities, and visual quality.
As discussed above, the significant unmitigated impact of the proposed project would not be
avoided under this alternative. Based on these factors, the alternative is not considered a feasible
alternative to the proposed project.
MCA ChuJo Vista Amphitheater
13
City of ChuJo Vista
Attachment 7
EIR-95-03
Mitigation Monitoring and
Reporting Program
Mitigation Monitoring and Reporling Program
MCA CHULA VISTA AMPHITHEATER
MITIGATION MONITORING AND REPORTING PROGRAM
DESCRIPTION AND PURPOSE
The California Environmental Quality Act (CEQA) requires a lead or responsible agency that
approves a project where an Environmental Impact Report (EIR) has identified significant
environmental effects, to adopt a "reporting or monitoring program for adopted or required
changes to mitigate or avoid significant environmental effects".
The City of Chula Vista is the lead agency for the MCA Chula Vista Amphitheater project. A
Draft and Final EIR were prepared for this project which addressed potential environmental
impacts and, where appropriate, either recommended mitigation measures to reduce identified
significant impacts below a level of significance or a recommended alternative to avoid the
impact. A Mitigation Monitoring and Reporting Program is required to ensure that the adopted
mitigation measures are implemented. The City of Chula Vista will adopt this Mitigation
Monitoring and Reporting Program (MMRP) after considering the Final EIR and if approval of
the project occurs.
The proposed MCA Chula Vista Amphitheater and open air market may result in adverse
impacts in the event of substantial alterations to the proposed project description. A monitoring
and reporting program would prevent adverse impacts by insuring that the proposed project is
developed in substantial conformance with the project description and design features used to
conduct the analysis for this EIR.
ROLES AND RESPONSmILITIES
The MMRP for the proposed project will be in place through all phases of the project, including
final design, grading, construction, and operations of the MCA Chula Vista Amphitheater. The
City of Chula Vista has primary enforcement role for the implementation of mitigation measures.
The City's Environmental Review Coordinator (ERC) will provide final approval for the
completion of the implementation of mitigation measures. The ERC will appoint a Mitigation
Compliance Coordinator (MCC) who will be responsible for the actual monitoring of the
implementation of the mitigation measures. The MCC will interface with the ERC, the City
Engineer, the City Landscape Architect, the Construction Supervisor, and the Construction
Inspector(s), all who have some responsibility for the implementation of the mitigation measures.
MCA ChuM Vista Amphitheater
Mitigation Monitoring and Reporting Program MMRP-1
City 01 Chu/a Vista
August 1995
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Attachment 8
EIR-95-03
Statement of Overriding Considerations
Findings of Fact
STATEMENT OF OVERRIDING CONSIDERATIONS
Pursuant to CEQA Guidelines Section 15093, the Chula Vista City Council, in approving the
various actions that are the subject of the MCA Chula Vista Amphitheater Final EIR, having
considered and independently judged the information contained in the Final EIR and having
reviewed and considered the public testimony and record, makes the following Statement of
Overriding Considerations in support of the Findings and the action of the City Council
approving the project.
The City Council finds and concludes that the public benefits of the project outweigh the
identified significant and unmitigated impacts to air quality set forth in the Findings. The
decision makers find that the following factors support approval of the project, despite the
identified significant environmental impact. Therefore, the City Council sets forth the following
Statement of Overriding Considerations:
1. The project will benefit the City by providing a world-class commercial venue for
concert and cultural events, which will serve the City of Chula Vista and the surrounding
San Diego County region.
2. The project will result in a substantial net positive fiscal impact of approximately $5
million over a ten year period of operations to the City thereby allowing for enhanced
City services.
3. The project will benefit the City by generating approximately 300 employment positions,
contributing to an improved employment to housing balance in the City of Chula Vista.
4. As set forth in the Findings, mitigation measures have been incorporated into the project
or included as conditions of approval for the applicant through the adoption of the
Findings, which to the extent feasible, reduce impacts to below a level of significance.
5. The City Council has balanced the benefits of the project, as proposed, against its
unavoidable environmental risk and has determined that the risks are "acceptable"
because of the fiscal benefit to the City as well as the contribution of the project to
achieving the objectives of the Chula Vista General Plan to utilize the project site for a
commercial/industrialland use.
Consequently, the Council believes that the proposed project is the superior alternative despite
the significant impacts to air quality that would result from implementation of the project.
MCA Chum Vista Amphitheater
14
City of Chu/a Vista