HomeMy WebLinkAbout2008/12/16 Item 9
CITY COUNCIL
AGENDA STATEMENT
~\f.f:. CI1Y OF
. ~ ~ (HULA VISTA
Page 1, Item: 9
Meeting Date: 12-16-08
ITEM TITLE:
CONSIDERATION OF A CONDITIONAL USE PERMIT,
PCC-08-017, TO OPERATE THE SOUTH BAY SWAP MEET
AT THE CRICKET AMPHITHEATER PARKING LOTS
LOCATED AT 2050 ENTERTAINMENT CIRCLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA CONSIDERING THE ADDENDUM TO EIR-
95-03 AND APPROVING CONDITIONAL USE PERMIT
PCC-08-017, TO OPERATE AN OPEN AIR SWAP MEET
WITHIN THE PARKING LOTS OF THE CRICKET
WIRELESS AMPHTHEATER LOCATED AT 2050
ENTERTAINMENT CIRCLE
SUBMITTED BY:. Director of Planning and BuildiriJU-
REVIEWED BY:
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Interim City Manager /
4/STHS VOTE: YES D NO 0
SUMMARY
Mr. Jose Eduardo Morfin of the South Bay Swap Meet (Applicant), and Mr. Thierry Gray, General
Manager of Cricket Wireless Amphitheater (Property Owner) request approval ofa Conditional Use
Permit to establish and operate the South Bay Swap Meet (Project) on the parking lots of the Cricket
Wireless Amphitheater (Project Site) located at 2050 Entertainment Circle (see Attachment I,
Locator Map). The proposed Project will consist of the establishment of an open-air Swap Meet to
be held Saturdays and Sundays only in the parking lots of the amphitheater, and involving an
estimated 400 vendors and 4,000 customers.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed Project for compliance with
the California Environmental Quality Act (CEQA) and determined that the proposed Project was
adequately covered in previously certified MCA Amphitheater Final Environmental Impact
Report, EIR 95~03. The Environmental Review Coordinator determined that only minor
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technical changes or additions to this document a~e necessary and that none of the conditions
described in Section 15162 of the State CEQA Guidelines calling for the preparation of a
subsequent Environmental Impact Report have occurred. Therefore, the Environmental Review
Coordinator has prepared an addendum to EIR 95-03 (see Attachment 2, Addendum to EIR-95-
03).
RECOMMENDATION
That the City Council adopt the Resolution.
BOARDS/COMMISSION RECOMMENDATION
On November 19, 2008, the Planning Commission considered the proposed project. Following
staffs presentation and public testimony, the Planning Commission recommended that the
expiration date of the Conditional Use Permit be extended from one year to five years, and to
require annual traffic control monitoring. The Planning Commission voted 6-0-0-1 to
recommend that the City Council approve the Conditional Use Permit application, as amended.
DISCUSSION
Background
On February 29, 2008, an application for a Conditional Use Permit, plans, and Project
description were submitted by the Applicant to the City for review and analysis. The proposed
Project Site is located at 2050 Entertainment Circle, within the parking lot located to the west of
the existing Cricket Wireless Amphitheater. The amphitheater, known originally as MCA and
Coors Amphitheater, was granted a Conditional Use Permit to operate in 1995, and opened in
1998. The amphitheater has operated successfully since 1998 in reliance on its Events and
Management Plan, which addresses issues such as traffic circulation, security, neighborhood
outreach, maintenance/recycling, noise monitoring, medical, and emergency response, among
others. The Amphitheater management prepared this plan with input from organizations such as
City of Chula Vista staff, CalTrans, the California Highway Patrol and the Chula Vista Chamber
of Commerce.
As part of the proposal for the amphitheater, a Conditional Use Permit to operate a Kobey's
Swap Meet at the amphitheater parking lots was also approved in November 1995 for a 5-year
term. The Kobey's Swap Meet was only in operation for a short period oftime and subsequently
discontinued its operation due to lackofbusiness activity and vendor participation.
Since the construction of the Amphitheater, tlfe surrounding area has experienced additional
growth, such as the construction of the adjacent Knott's Soak City theme park, further
development of the Auto Park in the vicinity of Main Street and 1-805, establishment of an off-
road racing venue at Rim Rock Quarry to the northeast, and the development of the Ocean View
Hills neighborhood southofthe Project Site in the City of San Diego.
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Proiect Site Characteristics
The Project Site is located within the existing Cricket Wireless Amphitheater, an open-air
concert venue with a capacity of 20,000 patrons, which includes a band shell, fixed and lawn
seating, concession and support facilities.
The Project Site is part of a level portion of the south side of the Otay River Valley. The
surrounding area includes the Otay River bed that runs east and west, approximately 400 feet to
the north of the Project Site. This portion of the river is within the Otay Valley Regional Park,
which continues to the east of the Project Site. To the north of the river are Main Street and an
industrial area along Energy Way on top of a steeply sloping ridge. With the exception of the
existing amphitheater, Water Park, and Rim Rock quarry, the valley is mostly undeveloped and
supports native vegetation and riparian areas. To the northeast is Rock Mountain, which supports
the existing quarry operations. A Conditional Use Permit to conduct six Championship Off-Road
Racing events in 2008-2009 has been issued by the City in July 2008. Approximately 2,000 feet
to the north, near the intersection of Main Street and Heritage Road, is the future entry to Otay
Ranch Village 3. Village 3 is not yet developed and is envisioned as a transitional buffer
between the Otay Landfill to the northwest, and existing open space and residential areas to the
south and east. The Ocean View Hills neighborhood of the City of San Diego is located
approximaiely 1,800 feet to the west and 1,400 feet to the south of the Project Site, on a steeply-
sloping ridge overlooking the amphitheater (see Attachment 3, Aerial Photo).
The Project includes a Swap Meet Vendor Area in the existing, paved and striped 800-space
parking lot B immediately west of the amphitheater facilities. The lot is adjacent to the westerly
entry and concession area for the amphitheater. The proposed vendor and sales activity would
occur entirely within this parking lot. The Project will also utilize two adjacent existing parking
lots, which will provide 2,840 parking spaces, including:
. Lot A with 1,478 parking spaces, which is an unpaved lot located on the north
side of Entertainment Circle and the proposed Project Site,
. Lot C with 1,362 parking spaces, which is an un-paved lot located to the south of
Entertainment Circle and the proposed Project Site, and
. Lot D which is a paved lot located to the east of the amphitheater adjacent to
Heritage Road, is not proposed to be utilized by Swap Meet customers or
employees.
Access to the Project and parking lots is taken from Entertainment Circle, a four-lane road that
wraps around the amphitheater, connecting the Project Site in two places to Heritage Road.
Entertainment Circle is also used to provide access to Knott's Soak City, which is to the west of
the Project Site and the amphitheater. Heritage Road is a two-lane roadway running north and
south from Main Street, leading south toward the City of San Diego and 1-905. There are stop
controls at both ends of Entertainment Circle at Heritage Road, and Knott's Soak City Water
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Park (See Attachment 4, Project Site Plan).
General Plan and Zoning Designations
The proposed Project is located in the East Main Street Subarea of the Chula Vista General Plan.
This is an area that includes a variety of residential, commercial and industrial uses, such as the
Auto Park, the residential neighborhoods in the vicinity of Brandywine Avenue on the west. On
the east side, there is an industrial area along Main Street and Energy Way, and the Cricket
Wireless Amphitheater/Knott's Soak City entertainment area. The Project Site is zoned Limited
IndustriallPrecise Plan (ILP), and has a General Plan Land Use Designation of Limited Industrial
(IL). The following table specifies the types of land uses surrounding the Project Site:
Existing General Plan Land Use designations and Zoning
,
Project Site:
General Plan
Limited Industrial
(IL)
North
Open Space (OS and
aSP)
Open Space (OS)
South
East
Open Space and
Open Space-Active
Recreation (OSR)
and Mixed Use
Conunercial (MUC)
Limited
Industrial/Open
Space (IL & OS)
West
Proiect DescriPtion
Zonin~
Limited
IndustriallPrecise .
Plan (ILP)
Limited Industrial
(IL)
N/A
Existin~ Land Use
Amphitheater
Vacant
Vacant in City boundaries/and
single family residences in San
Diego jurisdiction
Vacant/future Otay Ranch
Villages
PC, Planned
Conununity
Limited
IndustriallPrecise
Plan (ILP)
Water park and beyond single
family residences
The proposed Swap Meet would operate at the Cricket Wireless Amphitheater's westerly parking
lot. Proposed days and hours of operation are Saturdays and Sundays only, between the hours of
7:00 am and 5:00 pm. Set up time will be from 7:00 a.m. to 8:15 a.m., and take down between
3:00 to 5:00 pm. It will be open to the public between 8:30 am to 3:00 pm. On days when the
amphitheatre will be holding an event, the Project Site shall be vacated no later than 3:30 pm, in
accordance with amphitheater management requirements. The Project will close early due to
amphitheater events approximately ten (10) times annually.
The proposed Project is expected to serve approximately 4,000 customers, of which 1,000
customers are expected to arrive by shuttle buses serving different pickup points. Vehicles will
park in one of 2 existing parking lots with a total parking capacity of 2,840 spaces. Vendors will
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access the westerly parking lot off Entertainment Circle. Vendors will enter between the hours.
of 7:00 am to 8:00 am. Customers will have access to parking lot A through the north and south
entrances of Entertainment Circle beginning at 8:00 a.m.
The proposed vendor area is anticipated to accommodate up to 400 vendors. Each vendor will
use 2 parking spaces - one for vehicle parking and one for the sales and display of products.
Twenty-foot wide, clearly marked driveways will be retained between all vendor stalls, for
pedestrian use and emergency vehicle access into the vendor area. One emergency vehicle
access is proposed for the west side of the Project Site. There will be no permanent construction
or buildings associated with this Project. A 6 ft. high wrought-iron perimeter fence exists, that is
maintained by the Amphitheater. Any tables, removable canopies, tents, display racks,
merchandise, and vehicles must be completely removed from the premises at the close of
business each day (see Attachment 4, Project Site Plan).
Project Operations
The Project will provide an opportunity for vendors of a variety of products and services,
including sellers of new merchandise, product distributors, service providers, sellers of bulk food
items, and those having a garage/cleanout sale. Each South Bay Swap Meet vendor will receive
a packet that includes a seller's general information sheet, rules and regulations and traffic and
parking management plan. Key regulations will restrict permanent structures, list prohibited
. items, prohibit loudspeakers, and limit the food items sold by vendors to prepackaged foods such
as breads. All available foods will be sold through the Cricket Wireless food concessionaire as
per their contractual agreement with the Applicant. Prior to issuance of a seller's permit by the
Applicant, the Applicant will require that vendors enter into an agreement to comply with the
rules and regulations of the Project, and will require that each vendor obtain the appropriate
permits, such as business licenses and tax certificates. The address of the Project Site - 2050
Entertainment Circle, Chula Vista, CA 91911 - must be included as the selling location on all
seller' permits, business licenses, tax certificates and other permitting.
The Applicant will also conduct fundraising from vendors to benefit community and non-profit
organizations. Any concurrent special events at the Project Site will not be included under this
Project, but will require a separate Temporary Outside Sales Event Permit application submittal,
review and approval prior to commencement of the event.
Traffic and Parking Control
On-site traffic control and parking will be provided by the Applicant, and managed by the
company servicing the Cricket Wireless Amphitheater (See Attachment 5, Parking Plan). On-
site traffic control will be utilized at the entrances to each parking lot to safely direct incoming
traffic, including vendors and customers of both the Project and Knott's Soak City to the
appropriate parking areas. Off -site traffic control is presently not needed for Knott's Soak City,
when no concerts are occurring. If there is a simultaneous Championship Off -Road Racing
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(CORR) event at the course located 0.5 miles east of the Heritage Road! Main Street intersection,
Project traffic will be accommodated by CORR's off-site traffic control, which includes police
officers at key intersections.
Sign age
The Applicant does not propose permanent or temporary business identification signage. As
recommended by the Traffic Study, a total of five temporary directional signs will be placed at
key locations along Heritage Road and Main Street to indicate where to access and depart from
the Project and Water Park. The signs will be put out in the morning of the event and retrieved
in the afternoon at the end of the day.
Analvsis:
Land Use Compatibility
. General Plan Consistency
The proposed Project Site includes the westerly parking lot adjacent to the westerly entrance to
the amphitheater, and two adjacent parking lots. the Project Site has a General Plan Land Use
Designation of Limited Industrial (IL), and the existing land use is the Cricket Wireless
Amphitheater with its associated improvements. According to the General Plan, Section 10.4.4, .
the Project Site is in the southwest comer of the 1,800 acres East Main Street Planning Area. The
vision for the sub-area is that it be carefully planned and developed to avoid land use conflicts
and to retain the desirability of existing neighborhoods and businesses. Residential
neighborhoods within this area are located approximately 1-112 miles to the west in the vicinity
of Brandywine Street. The General Plan vision encourages the expansion of uses that support the
existing entertainment facilities.
The General Plan also contains Policy LUT 70, related to commercial development in the East
Main Street Planning Area. It states: "Develop and Improve the East Main Street Subarea to
expand and establish commercial uses to serve residents and visitors. to increase City revenues;
and to improve the area's appearance. "
The proposed Project will provide commercial uses that will serve existing and future residents
and visitors by providing a variety of commercial products. The business provides an additional
economic benefit to the City by providing an incubator for small start-up businesses. Business
license fees and sales tax will also generate City revenues.
The General Plan also contains Policy LUT 70.2 that seeks to "Support the existing
entertainment uses and expand their activities, to include compatible uses n.
Staff considers the swap meet use as a secondary use that is associated with primary uses such as
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stadiums, arenas and entertainment venues with large parking areas. The proposed Project
would help to financially support the Cricket Wireless Amphitheater operations and increase
public awareness and familiarity with the Amphitheater and the City of Chula Vista.
. Zoning
The Project Site is located within the Limited Industrial (ILP) Zone. Swap Meets are transient
uses that are commonly found in large parking lots associated with entertainment complexes and
stadiums. The City's Zoning Ordinance does not define the term "Swap Meet" or contain
specific criteria regulating this type of uses. Therefore, a "Swap Meet" is a use that is considered
an Unclassified Use in accordance with CVMC Section 19.54.020. An Unclassified Use is
defined as a land use possessing characteristics of such unique and special form as to make it
impractical to automatically include them in the classification of uses. This type of unclassified
use requires approval of the City Council after review by the Planning Commission. The Project
is considered unique because it is a temporary, secondary use to the primary use, the
Amphitheater. The Amphitheater was originally approved as an Unclassified Use in 1995. The
City also relied on this land use interpretation during consideration of the Kobey's Swap Meet
Conditional Use Permit, which was approved on the same Project Site by the City Council in
1995, but has since expired.
. AestheticsNisual Affects
The General Plan identifies the Cricket Wireless Amphitheater as a landmark entertainment and
recreational facility for the City. The Project Site is also adjacent to the Otay River, which is in a
preserve area within the Otay Valley Regional Park. An important issue to be addressed is if the
proposed use is visually compatible with adjacent land uses in the surrounding area, and with
secondary gateways to the City of Chula Vista and Otay Ranch Village 3, due to potential visual
affects of the Proj ecl. The aesthetic appearance of these important public resources should not be
adversely affected by adjacent land uses. The Project proposes temporary shade canopies, tents
and related equipment, which are very low profile in nature. The Proj ect has the potential to
adversely affect the area's appearance with vendor's vehicles, shade canopies, ground coverings
and litter. To analyze the potential visual impact, staff conducted an investigation of views of
the Project Site from Main Street, Heritage Road, and Ocean View Hills, and further described
below.
. Primary and Secondary Gateways
The General Plan identifies primary and secondary gateways to the City, for which special
architectural, signage, and landscaping guidelines should be applied, that announce arrival to the
City. Secondary gateways are significant roadways that link Chula Vista from adjacent
communities, such as the City of San Diego. These gateways should provide travelers with a
clear impression that they are entering the City of Chula Vista. Enhanced landscaping
appropriate signage should occur at these gateways." The Project is located adjacent to an
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"unofficial" southeasterly gateway to the City - Heritage Road. Although Heritage Road is not
specifically designated as a secondary gateway in the General Plan, it shares the same
characteristics as one.
The nearest primary gateway is the Interstate 1-805/Main Street/Auto Park gateway, which is
1.75 miles to the west of the project site. This gateway has been established by development and
streetscape plans associated with recent developments such as the Crossings Shopping Center,
expansion of the Chula Vista Auto Park, existing industrial uses along Main Street, and the
Cricket Wireless Amphitheater. The Project Site is also located approximately 2,000 feet from
the southerly entrance to Otay Ranch Village 3, east of Main Street and Heritage Road. Both of
these gateways are also separated from the Project Site by the topography of the river valley.
Because the Project Site is physically separated from these secondary gateways by distance and
topography, they are not visible from the Project Site, and any potential visual affects caused by
the Project would not impact these gateways.
Due to the proximity of the Project Site to Heritage Road, it is important that the Project provides
landmark quality landscaping and signage, and that the Project is aesthetically compatible with a
City gateway. As visitors enter the City northbound from Heritage Road, to the west, they would
see the existing Amphitheater and its established landscaping, signage and parking lots, which
are attractive and well maintained. To the east, they would see the Otay River Valley and
Regional Park.
The Project will also be visible to some residents of the Ocean View Hills neighborhood who
overlook the property. Because topographical differences allow the Ocean View Hills
neighborhood to overlook the Project Site, the Project will be highly visible from a few homes,
along witb views of the river valley, water park, amphitheater and industrial uses across the river
valley, including the automobile recycling facilities on Energy Way. However, staff has
concluded, as a result of the visual analysis, that the general public can only see the Project Site
from a few public places, including an internal public street at the edge of the subdivision, and a
small neighborhood park, which overlook the Project Site.
The Project is an ephemeral activity, meaning the physical nature of the Project is that it goes up
in the morning and is removed at the end of the day. Thus, the length of time that Project's
facilities are in view is short-term in nature, helping to alleviate any visual impacts. The
Applicant proposes an educational outreach litter program for the public and vendors in
compliance with amphitheater management and the City. The Applicant will be required to leave
the Project area clean throughout the event and at the end of each weekend event, and ensure that
temporary shade canopies and tents are attractive and well maintained.
Staff s visual analysis determined that the Project use would be low profile in nature, and largely
screened from public views along the major circulation element roads by the amphitheater
structure, mature landscaping around the parking lot, and native vegetation along the riverbed.
Based on the visual analysis and temporary nature of the use, the Project is not considered to
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have an adverse affect on visual resources or community character of the area.
. Signage
For unclassified uses such as this, the City Council has the authority to establish unique sign age
~tandards and provisions concurrent with approval of the Conditional Use Permit, per CVMC
SectionI9.60.590 (F). The Applicant does not propose permanent or temporary business
identification signage. However, to effectively better manage traffic and parking, the Applicant's
traffic consultant recommends that temporary off-site signage be provided at certain key
locations along Heritage Road as described in the study (See Attachment 5, Parking Study), to
facilitate entry to the Project Site and prevent spillback of traffic onto Heritage Road. The
proposed signage includes the installation of 24" x 36" colorplast signs mounted on traffic
barricades, identifying the Project, Project Site entries, customers, employee and vendor parking
lots. These temporary banner signs are only to be displayed 4 hours before, during and I hour
after the event. The signs shall be constructed and displayed in accordance with the
requirements of the Planning and Building Department and the approved parking plan, which
will be based on the LL&G traffic study. Any additional signs that are not included in the Project.
approval will require approval of appropriate sign permits or will be subject to a potential Code
Enforcement action.
Traffic and Parking
. Traffic
A traffic analysis dated September 3, 2008 was prepared by LL&G Associates for the Applicant
to analyze potential impacts created by the proposed Project, including traffic generated by
existing Knott's Soak City and interim CORR Races and impacts. LL&G found that the general
Project use is unusual, with no published trip generation rates. Therefore, the consultant used
data provided by the Applicant, and relied on their previous experience with similar Projects.
The traffic volume data presented is based on maximum Project attendance, which would not
typically occur until 6-12 months after opening.
The Applicant anticipates 4,000 customers and 1,000 vendors and their employees would use the
Project each day. This translates into 3,280 Average Daily Vehicle Trips (ADT), of which 22%
(730) would occur in the morning peak period of 10-11 am, and 27% (890) would occur in the
afternoon peak period of 2:00-3:00 pm. Most traffic would arrive and depart using Heritage
Road to Main Sti'eet and I-80S, with a small percentage arriving from Heritage Road to I-90S.
The existing ADT for Heritage Road is 8,810 north of the Project Site, and 6,970 south of the
Project Site.
The largest volume of traffic on Heritage Road is expected to occur while the Project, Knott's
Soak City and CORR, are concurrently in operation, which would only be 2 weekends a year.
This would increase total traffic to 11,470 ADT on Heritage Road north of the Project Site and
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7,670 ADT on Heritage Road south of the Project Site on these days. The corresponding Level of
Service for the intersection of Heritage Road and Entertainment Circle North is Level of Service
(LOS) B in the AM peak of 10-11 am, and LOS C in the PM peak of 2-3 pm. For Heritage Road
and Entertainment Circle South, the LOS is C in the AM peak of 10-11 am, and LOS D in the
PM peak of2-3 pm.
According to the traffic study, CaRR traffic is not a significant issue since they have their own
on and off-site traffic control, their AMlPM peak periods are different (gates open at 9 am and
close at 7 pm), and most of the CaRR fans (except a maximum 350 VlP's) will use Energy Way!
Main Street intersection to access the CaRR venue parking lots.
The LL&G traffic study revealed no significant impacts from traffic generated by the Project,
as the peak traffic generated by CaRR Races and Knott's Soak City will not all be occurring at
the same time as the Project. In order to ensure a continuing. congruity with the existing event
management plan of the amphitheater as well as the CaRR Races and Knott's Soak City, the
Project is conditioned to comply with the specific recommendations of the LL&G traffic and
parking study dated September 3, 2008. These include the requiring of a follow-up study after 6
months and one year, including an all-way stop sign warrant analysis, to determine if additional
traffic control measures are warranted.
According to the Engineering Department, existing Main Street and Heritage Road are adequate
to handle the Project traffic at peak periods, with no additional traffic control. However they
agree that the specific recommendations of the LL&G study should be included as conditions of
approval of the Project. As conditioned, the addition of Project traffic would not significantly
impact the flow of traffic on Heritage Road and Main Street during the AM/PM peak periods.
. Parking
The Project proposes a maximum attendance of 4,000 customers and 400 vendor spaces, which
will generate 1,000 vendors and employees. The maximum demand for parking is estimated to
be 1,200 customer vehicles and 400 vendor vehicles, while 1,000 of the 4,000 customers will
arrive by shuttle bus. During Project operations there is unlikely to be any other activities
occurring, and therefore most of the 2,840 parking spaces would be available. Knott's Soak City
has access to three of its own parking lots, located to the west of the Project. Thus, the total
parking demand for the Project will not exceed the amount of available parking.
The LL&G traffic and parking study recommends that on-Project Site traffic control be provided
to efficiently direct customer to there parking stalls to avoid spill-back of traffic onto Heritage
Road. The Applicant has prepared a parking plan that states that parking will be Disneyland
Style, which means that customers will be directed to park in the non-marked dirt parking lot A
(North Dirt lot), and employees will park in Lot C (South Dirt Lot), with the assistance of
parking attendants. Proposed parking lot staffing is estimated to include 9 attendants.
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Public Safety
. Police
The Police Department has reviewed the traffic report, and has expressed no concerns about the
Project-related traffic or on-site traffic controL The Department does not have concerns because
the Project will not operate at the same time as a concert, and also because the traffic
consultant's recommendations will be included as conditions of approval of the Project, such as
on-site traffic control and preparation of a parking management plan.
The Police Department has researched calls for service for the Project Site's address for the years
2006-2008, and found that most of the CFS were related to the Amphitheater use. It also shows
that reported criminal activity has dropped significantly from 2006 to the first half of 2008. It
also shows that criminal activity at the Knott's Soak City is generally. lower than the
Amphitheater.
In order to reduce the possibility of increased calls for services (CFS) related to Project
operations, such as vehicle burglary, auto theft, larceny, and disorder issues, the Police
Department recommends preparation of a CFS monitoring report to include reported crimes,
vehicle related accidents, and noise complaints, each six months. Ifthere is a significant increase
in crime and disorder CFS, the Police Department would work with the Applicant to develop a
plan to address the increases. The Department would like to review the results of the monitoring
report prior to recommending approval of any future extensions of the Conditional Use Permit.
The rules and regulations included in the vendor's agreement includes the prohibition of the
following items: Ammunition, weapons, explosives, counterfeit merchandise, fireworks,
alcoholic beverages, drugs or drug paraphernalia, mace, pepper spray, pornography, tobacco,
stolen property, products which contain toxic materials or produce toxic emissions, odors,
excessive noise, and items or equipment which create a fire hazard. The rules and regulations
and prohibited items will be included as conditions of Project approval in the attached City
Council Resolution, to facilitate enforcement.
In conclusion, the Police Department recommends that the Project be approved for a limited time
frame, and to include a monitoring program to track the CFS, and to iuclude the traffic
consultant's recommendations as conditions of approval of the Project.
. Fire
The Fire Department has reviewed the Project and recommends that there be an open fire lane on
the east side of the Project Site to allow fire access to the Amphitheater building structures
during the Project operation. Also, clear fire truck access should be provided through the
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proposed gates on the west side of the Project Site, should a fire engine need to respond to a call
in the middle of the Project. In addition, the Fire Department requires that clearance be
maintained in front of existing fire hydrants, and that equipment not obstruct fire lanes.
Flammable materials and equipment or products that could create a fire hazard or hazardous
materials release should not be utilized on the Project Site. Placement of individual or groups of
shade enclosures that together amount to an area larger than 400 square feet, and also the
placement of individual or groups of tents larger than 200 square feet, would require approval of
a fire permit. Temporary shade enclosures and tents need to be staggered at least 4 feet apart to
deter the spread of fire. The above items will be included as conditions of approval of the
Conditional Use Permit.
. Noise
Five noise complaints have been received for the Amphitheater site in the last 2-1/2 years, and
only 3 are related to concerts. The proposed Project will operate only on the weekends with setup
from 7:00-8:15 a.m, opening to public between the hours of 8:30 am and 3:00 pm, and break
down between 3:00 and 5:00 p.m. The Project is conditioned to be in compliance with the City's
Noise Ordinance and restricted from using loud speakers, amplifiers, and other noise - generating
systems. Therefore, no adverse noise impacts not already addressed by Project conditions of
approval are anticipated.
Conclusion:
Staff recommends approval of the Project because it is an Unclassified Use, which is permitted
upon approval of a Conditional Use Permit that will include conditions of approval so that the
Project will close prior to concerts, and will include traffic, and police calls for service
monitoring programs. The Project implements General Plan policies regarding the East Main
Street Planning Area, such as establishing commercial uses, and expanding activities related to
and supportive of the existing entertainment uses. Thb Project will not have an adverse affect on
visual resources or community character of the area, since the use is a temporary, ephemeral use,
and the Project Site is screened from public view by existing structures and landscaping. The
Project Site is easily accessible from all parts ofthe City, and the Project design and operational
controls will ensure that the ingress and egress flow smoothly and efficiently. The initial term of
the South Bay Project is recommended to be a period not to exceed five years. Any extension or
renewal of the Conditional Use Permit could be considered pursuant to CYMC 19.14.260.
Based on these findings, the Project will be compatible with, and not result in adverse impacts to
the surrounding area.
DECISION MAKER CONFLICTS
Staff has reviewed the property holdings of the City Council members and has found no property
holdings within 500 feet of the boundaries of the property, which is subject to this action.
FISCAL IMPACT
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Page 13, Item: 9
Meeting Date: 12-16-08
There are no fiscal impacts to the City from the preparation of this report and the processing of
the CUP. All costs are covered by the application deposit accounts. Approval of the Project
. would result in additional revenues to the City generated by business license fees from vendors,
and sales tax revenue from customers. Projects can have indirect benefits to the City and its
residents, such as job creation, and to act as a testing grounds or incubators for small start-up
businesses.
ATTACHMENTS
1. Locator Map
2. Addendum to EIR-95-03
3. Aerial Photo
4. Project Site Plan
5. Parking Plan
6. Disclosure Statement
J:IPlanning\Case files\fy-08\pcc\publichearingIPCC080 17_ cc _ as_doc
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C HULA VISTA PLANNING AND BUILDING DE PARTM E NT
LOCATOR PROJECT . PROJECT DESCRIPTlON:
C) APPLICANT; Jose Eduardo Morfin MISCELLANEOUS
PROJECT 2050 Entertainment Circle Project Summary: Proposed Soutl1 Bay Swao Meet West of tl1e existing
ADDRESS: Amphitl1eater parking lot witl1 450 spaces open space market place.
SCALE: FILE NUMBER: Hours 5:00am to 5:00pm every Saturday & Sunday.
NORTH No Scale PCC-08-D17 Related cases: None
L:\Gabe Files\locators\PCC080 17 ,c:::r 03.11_08
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ADDENDUM TO
FINAL ENVIRONMENTAL Il\'lPACT REPORT EIR 95-03
PROJECT NAME: South Bay Swap Meet
PROJECT LOCATION: 2050 Entertainment Circle, Chula Vista, Ca.
PROJECT APPLICANTS: Jose Eduardo Morfin, South Bay Swap Meet, and Thierry
Gray, General Manager, Cricket Wireless Amphitheater
, CASE NO:
PCC-08-0 I 7
DATE:
November 13, 2008
I. BACKGROUND/SCOPE OF A1"1AL YSIS
The purpose of this Addendum is to address the proposed project, a proposal to establish
and operate during weekend days the South Bay Swap Meet on the parking lots of the
Cricket Wireless Amphitheater located at2050 Entertainment Circle. The General Plan
land use designation for this site is Limited Industrial. The site is zoned Limited
)ndustrial/Precise Plan (ILP), which requires approval of a Conditional Use Perrnit for an
unclassified use, such as an open-air swap meet.
.
.
In 1995, the City of Chula Vista received and considered an application from MCA
Amphitheater for the development of an amphitheater at the site located at 2050
Entertainment Circle in Chula Vista. The application also included a request for a
Conditional Use Perrnit that would allow the establishment and operation of a Kobey's
Swap Meet, if and when the amphitheater were approved and built. As the lead agency
for the project under the Califomia Environmental Quality Act (CEQA, Public Resources
Code, Sec. 21000 et seq.), the City of Chula Vista prepared and conducted an
environmental analysis (Final Environmental Impact Report FEIR 95-03) of Conditional
Use Perrnit (CUP) Application PCC-95-47 for the MCA Amphitheater and Kobey's
Swap Meet. The MCA (now Cricket Wireless) Amphitheater CUP authorized
construction of an open-air concert venue with a capacity of 20,000 patrons, which
included 6,100 parking spaces, a band shell, fixed and lawn seating, concession and
support facilities. The facility was also designed to accommodate the operation of the
Kobey's Swap Meet, with an ultimate capacity of 1,000 vendor stalls, to be operational
on Saturdays and Sundays. The FEIR also described the potential to expand the days of
operation to include Thursdays and Fridays. Subsequently, the Final Environmental
Impact Report (FEIR 95-03) was certified by the City Council on October 3, 1995. The
physical impacts of developing the 72.S-acre subject site have been analyzed in the FEIR
95-03 and are hereby incorporated by reference. The physical development of the site
has been completed, and the amphitheater has been operating since July 1998. The
Kobey's Swap Meet was only in operation for a short period of time and subsequently
discontinued its operation due to lack of business activity and vendor participation. The
5?~ /5'
,
Addendum to FEIR-95-03
2
11/13/2008
current proposal for the South Bay Swap Meet is proposed to operate on weekends on the
parking lots of the amphitheater.
The proposed swap meet CUP application, plans and related documents that reflect the
project have been submitted and reviewed. The proj'Cct considered in this addendum is
an open-air swap meet to accommodate up to 400 vendors at the Cricket Wireless
Amphitheater's westerly parking lot. Proposed days and hours of operation are Saturdays
and Sundays only, between the hours of 7:00 am and 5:00 pm. On days when the
amphitheatre will be holding a concert event, the premises shall be vacated no later than
3:30 pm, in accordance with amphitheater management requirements. The swap meet
will close early due to amphitheater events approximately ten (10) times annually. The
proposed swap meet is expected to have approximately 400 vendors that will serve
approximately 4,000 customers, of which 1,000 customers are expected to arrive by
shuttle buses serving different pickup points. Vehicles will park in one of 2 existing
parking lots with a total parking capacity of2,840 spaces.
Mitigation measures from the Mitigation Monitoring and Reporting Programs (MMRPs)
associated with FEIR 95-03 are still valid and applicable to this project. The physical
development of the 72.5-acre site has been previously addressed in the certified EIR.
Thus, this Addendum focuses on the analyses of proposed changes to the Swap Meet
operation from what was previously considered.
The Traffic technical reports prepared for the FEIR 95-03 have been updated to reflect
the new proposed project operations and layout. The updated technical report
demonstrate and substantiate that the proposed project does not result in any new
significant impacts nor increase in severity of any previously identified significant
impacts.
.
.
II. PROPOSED AMENDMENTS /PROJECT
The applicant has applied for Conditional Use Permit PCC-08-017 to allow, subject to
certain conditions, the establishment and operation of an open-air swap meet with
approximately 400 vendor stalls. The proposed swap meet is considered an unclassified
use, which requires approval of the CUP by the City Council.
III. CEQA REQUIREMENTS
Sections 15162 through 15164 of the State CEQA Guidelines discuss a lead agency's
responsibilities in handling new information that was not included in a project's certified
environmental document. Section 15162 of the State CEQA Guidelines provides:
(a) When an EIR has been certified or a negative declaration adopted for a
project, no subsequent ElR shall be prepared for that project unless the
lead agency determines, on the basis of substantial evidence in the light of
the whole record, one or more of the following:
~ '0
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I ' ..f'
I
Addendum to FEIR-95-03
3
11!l3/200S
(1) Substantial changes are proposed in the project which will require
major revisions of the previous EIR or negative declaration due to
the involvement of new significant environmenta(. effects or a
substantial increase in the severity of previously identified
significant effects;
(2) Substantial changes occur with respect to the circumstances under
which the project is undertaken which wilrrequire major revisions
of the previous EIR or negative declaration due to the involvement
of new significant environmental effects or a substantial increase.
in the severity of previously identified significant effects; or
(3) New information of substantial importance, which was not known
and could not have been known with the exercise of reasonable
diligence at the time the previous EIR was certified as complete or
the negative declaration was adopted, shows any of the following:
a. The proj ect will have one or more significant effects not
discussed in the previous EIR or Negative Declaration;
b. Significant effects previously examined will be substantially
more severe than shown in the previous EIR;
.
-
c. Mitigation measures or alternatives previously found not to be
feasible would in fact be feasible and would substantially
reduce one or more significant effects of the project, but the
project proponents decline to adopt the mitigation measure or
alternative; or
.
d. Mitigation measures or alternatives which are considerably
different from those analyzed in the previous EIR would
substantially reduce one or more significant effects on the
environment, but the project proponents decline to adopt the
mitigation measure or alternative.
Section 15164 of the State CEQA Guidelines provides that:
A.
The lead agency shall prepare an addendum to a previously
certified EIR if some changes or additions are necessary but none
of the conditions described in Section 15162 calling for
preparation of a subsequent EIR have occurred.
B.
An addendum need not be circulated for public review but can be
included in or attached to the final EIR
/....~ y",",
-';'1 /-.1
/
Addendum to FEIR-95-03
4
11/13/2008
c.
The decision-making body shall consider the addendum with the
final EIR prior to making a decision on the project.
D.
A brief explanation of the decision not to prepare a subsequent EIR
pursuant to Section 15162 should be included in an addendum to
an EIR, the lead agency's required findings on the project, or
elsewhere in the record. The explanation must be supported by
substantial evidence.
The project complies with Section 15164 because FEIR 95-03 covered the use of the
property as an open-air market or swap meet pursuant to a previously approved
Conditional Use Permit that has since expired. Although the new project proposes a
location and use type that are the same as previously approved, the proposed project
requests a swap meet that will operate at a smaller size of 400 vendor stalls, as compared
to the approved 1,000 stalls. The proposed project will operate 2 days a week, as
compared to 4 days a week for the previously approved project. Also, it has been 10
years since the previously approved swap meet ceased operations, and in that time,
additional growth has occurred, and other physical characteristics of the surrounding area
have changed.
This Addendum has been prepared pursuant to the requirements of Sections 15162 and
15164 of the State CEQA Guidelines. The proposed changes to the project do not
constitute a substantial change to the previously approved project. The rnodifications
proposed would not result in any environmental effects that were not considered in the
Final Environmental Impact Report FEIR 95-03, nor. would the changes increase the
severity of any of the impacts identified in this EIR. There has been no significant
material change in circumstances relative to the proj ect, and no new information of
substantial importance has become available after the preparation of the EIR. The
mitigation measures identified in FEIR 95-03 would be equally applicable to the revised
project. Therefore, in accordance with Sections 15162 and 15164 of the State CEQA
Guidelines, the City has prepared this addendum to FEIR 95-03.
.
.
IV. ANAL YSIS
Updates to the technical study for traffic previously prepared for the Project's Final
Environmental Impact Report (EIR 95-03), and additional analysis related to visual
quality, has been prepared to address the proposed project and identify any potential
impacts. This addendum also discusses issues of air quality, drainage and water quality,
land use and noise. No new significant impacts were identified in the updated technical
studies regarding the proposed project, beyond those identified in FEIR 05-02.
Therefore, no new additional mitigation measures or modifications to existing mitigation
measures are required.
9' ~,.
,,'"
4~~
"
Addendum to FEIR-95-03
5
11/13/2008
Transportation, Circulation and Access
A traffic control assessment to analyze potential impacts created by the proposal, dated
September 3, 2008, was prepared by Linscott, Law and Greenspan (LL&G) Associates.
LL&G Associates is a City approved traffic consu\!ant. The updated Traffic Control
Assessment . fully considers project specific and cumulative traffic impacts associated
with the newly proposed project, including existing conditions, project traffic generation,
traffic generated by surrounding development and projects, including traffic generated by
Championship Off-Road Races (CaRR) and existing Knott's Soak City, and potential
traffic related impacts upon the circulation system and roadways. The traffic control
assessment also addressed any other changes to land uses and potential impacts that may
have occurred since the last traffic study was completed. LL&G found that the Swap
Meet use is unusual, with no published trip generation rates. Therefore, the consultant
used data provided by the applicant, and relied on their previous experience with similar
projects. The traffic volume data presented is based on maximum swap meet attendance,
which would nottypically occur until 6-12 months after opening.
The existing Average Daily Trips (ADT) for Heritage Road is 8,810 ADT north of the
site, and 6,970 south of the site. The study anticipates that a maximum of 4,000
customers and 1,000 vendors and their employees would use the project each day. This
translates into 3,280 Average Daily Vehicle Trips, of which 22% (730) would occur in
the morning peak period of 10-11 am, and 27% (890) would occur in the afternoon peak
period of 2-3 pm. Most traffic would arrive and depart via Heritage Road to Main Street
and I-80S, with a small percentage arriving southbound from Heritage Road and I-90S.
This represents a decrease of ADT's from the traffic levels analyzed in FEIR 95-03,
because a swap meet with a capacity of up to 1,000 vendors was anticipated.
.
.
The largest volume of traffic on Heritage Road is expected to occur while the swap meet,
CaRR, and Knott's Soak City are concurrently in operation, which would be 6 days a
year. This would increase total traffic to 11,470 ADT on Heritage Road, north of the site
and 7,670 on Heritage Road, south of the site on these days. The corresponding Level of
Service for the intersection of Heritage Road and Entertainment Circle North is Level of
Service (LOS) B in the AM peak of 10-11 am, and LOS C in the PM peak of2-3 pm. For
Heritage Road and Entertainment Circle South, the Level of Service (LOS) is C in the
AM peak of 10-11 am, and LOS D in the PM peak of 2-3 pm.
According to the traffic study, CaRR traffic is not a significant issue since they have
their own on and off-site traffic control, their AMlPM peak periods are different (gates
open at 9 am and close at 7 pm), and most of the CaRR fans (except a maximum 350
VIP's) will use Energy Way/ Main Street intersection to access the CaRR venue parking
lots. The LL&G traffic contro! assessment concluded that no significant impacts from
traffic generated by the project would occur, as the peak traffic generated by CaRR
Races and Knott's Soak City will not all be occurring at the same time as the peak project
traffic.
. /"1
Addendum to FEIR-95-03
6
11/13/2008
The project is conditioned to comply with the specific recommendations of the LL&G
traffic and parking study, including providing on-site traffic control to efflciently direct
customer to their parking stalls to avoid spill-back of traffic onto Heritage Road. The
applicants will also be required to monitor traffic during the first three weeks of
operation, and a follow-up studies after 6 months and-Qne year to determine if additional
traffic control measures are warranted. As conditioned, the project would not
significantly impact the flow of traffic on Heritage Road and Main Street during the
AM/PM peak periods.
Aesthetics
The following analysis is provided to update the visual quality/aesthetics setting and
analysis provided in FEIR-95-03. Several new uses have been developed in the
surrounding area since FEIR-95-03 was certified. They included the Amphitheater,
expansion of the Auto Park, Knott's Soak City, and Ocean View Hills residential in the
City of San Diego. Significant elements of the Main Street Streetscape Master Plan have
also been implemented, including landscaping, hardscape, and public improvements
along Main Street and in the Chula Vista Auto Park.
The project proposes to include 400 vendors, who will make use of vehicles, temporary
shade canopies, tents and related equipment in the operation of their business. The project
has the potential to adversely affect the area's appearance with vendor's vehicles, shade
canopies, ground coverings and litter. To analyze the potential visual impact, staff
conducted an investigation of views of the site from Main Street, Heritage Road, imd
Ocean View Hills.
The General Plan identifies primary and secondary gateways to the City, for which
special architectural, signage, and landscaping guidelines should be applied, that
announce arrival to the City. Secondary gateways are significant roadways that link
Chula Vista from adjacent communities, such as the City of San Diego. These gateways
should provide travelers with a clear impression that they are entering the City of Chula
Vista. Enhanced landscaping and appropriate signage should occur at these gateways.
The nearest primary gateway is the Interstate I-805/Main Street! Auto Park gateway,
which is 1.75 miles to the west. The project site is also located approximately 2,000 feet
from the southerly entrance to Otay Ranch Village 3, east of Main Street and Heritage
Road. Both of these gateways are also separated from the project site by the topography
of the river valley. Because the site is physically separated from these secondary
gateways by distance and topography, they are not visible from the project site, and any
visual affects caused by the project would not impact these gateways.
The project is located adjacent to an "unofficial" southeasterly gateway to the City,
Heritage Road. Although Heritage Road is not designated as a secondary gateway in the
General Plan, it shares the same characteristics as one. Due to the proximity of the site to
Heritage Road, it is important that the project provide landmark-quality landscaping and
signage, and that the use proposed by the project is aesthetically compatible with a Ciry
.
.
Addendum to FEIR-95-03
7
11113/2008
gateway. As visitors enter the City northbound from Heritage Road, to the west they
would see the existing Amphitheater and its established landscaping, signage and parking
lots, which are attractive and well maintained. To the east they would see currently
vacant properties, the Otay River Valley and Regional Park.
Staffs visual analysis determined that the Swap Meet use would be kept at a low profile,
and largely screened from public views along the major circulation element roads by the
amphitheater structure, mature landscaping around the parking lot, and native vegetation
along the riverbed. The swap meet will be visible to some residents of the Ocean View
Hills neighborhood who overlook the property. Because topographical differences allow
the Ocean View Hills neighborhood to overlook the site, the Swap meet will be highly
visible from a few homes, as are the river valley, water park, amphitheater, and other
industrial uses in the area, including the existing auto recycling facilities on Energy Way.
However, the general public can only see the swap meet site from a few public places (an
internal public street at the edge of the subdivision and a small neighborhood park),
which overlook the project site.
The project is an ephemeral activity, meaning the physical project goes up in the morning
and is removed at the end of the day. .Thus, the length of time for any visual affects is
short-term in nature, helping to alleviate any visual impacts. The applicant proposes an
educational outreach litter program for the public and vendors in compliance with
amphitheater management and the City. The applicant will be required to leave the swap
meet area clean throughout the event and at the end of each weekend event, and ensure
that temporary shade canopies and tents are attractive and well maintained. The project
will be conditioned to require that the site and the temporary canopies will be kept clean
and well maintained.
No new sources of light and glare impacts have been identified. No additional significant
impacts to aesthetics beyond those anticipated in EIR 95-03 are anticipated with the
proposed project. The mitigation measures identified in FEIR 95-03 have been
determined to be applicable to the revised project. Therefore, in staffs opinion the
project as proposed will not have an adverse affect on visual resources or community
character of the area.
Air Quality
No additional significant air quality impacts were identified that were not already
addressed by the mitigation measures identified in FEIR 95-03. These mitigation
measures have been determined to be applicable to the revised project and no new
mitigation measures or modification to existing mitigation measures are required.
Drainage and Water Quality
The project. applicant will distribute educational materials to vendors and employees
intended to inform them how to operate their business, control litter, clean and maintain
the project site in a manner that will not create downstream water pollution and water
quality impacts. The project will be conditioned to be operated in compliance with the
ti.._1(
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~
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.
Addendum to FEIR-95-03
8
11/13/2008
City's National Pollution Discharge Elimination System Permit. Thus, the project will
not result in any previously unidentified significant hydrologic impacts nor identified any
new hydrologic impacts. The mitigation measures contained in FEIR 05-02 for the
approved Project (MCA Amphitheater and Kobey's Swap Meet) would be applicable to
the proposed project (South Bay Swap Meet). -
Land use
The proposed swap meet would not conflict with the objectives or policies of the General
Plan and surrounding land uses. Upon approval of the CUP, the proposed use would be
consistent with the adopted designation for the project site and compatible with the
surrounding land uses of the area. No additional significant impacts to land use above
those anticipated in FEIR 95-03 are anticipated with the proposed project. No significant
impacts were identified regarding land use, planning and zoning and, therefore, no
mitigation measures were required with respect to the Project FEIR 95-03 concerning
land use. No mitigation measures related to land use are necessary for the proposed
project.
Noise
The project is conditioned to be in compliance with the City's Noise Ordinance and
restricted from using loud speakers, amplifiers, and other noise-generating systems.
Therefore, no new adverse noise impacts not already addressed by Project condition" of
approval are anticipated. The mitigation measures called out in FEIR 95-03 have been
determined to be equally applicable to the proposed project.
.
.
V. CONCLUSION
Pursuant to Section 15162 and 15164 of the State CEQA Guidelines, and based upon the
above discussion and substantial evidence in the record supporting said discussion, I
hereby find that the proposed project will result in only minor technical changes or
additions which are necessary to make the Environmental Impact Reports adequate under
CE A.
Attachments:
l. Project Site Plan(s)
2. Executive Summary to EIR 95-03
References:
City of Chub Vista Environmental Review Procedures
0).),
Addendum to FEIR-95-03
9
l1/ 13/2008
T echnic31 StudieslInformation
Trw.ffic Con!rol Assessment dated September 3, 200S \vas prepared by LL&G AssociJtes
J: PlonninglCoseflles/-08(fy-07-08)1PCC/Public Hcaring/PCC-08-0 17/ A
9...-;;,~3
.
.
Introduction
1.2 SUMMARY OF FINDINGS
Back2l"ound
The proposed MCA ChuJa Vista Amphitheater project site consists of 72.5 acres. The project
site was developed as a portion of the Otay Rio Business Park (originally encompassing 210
acres). The entire project site was graded with terraced building pads desi~ated for limited
industrial land uses (research and limited manufacturing). Street improvements, public utilities,
landscaped embankments/entranceS, and monument signs to the Otay Rio Business Park were
developed at the project site.. The Final ErR for the Otay Rio Business Park (ErR 87-2) was
certified by the City of Chul.a Vista in July 1987. The Final ErR (ErR 87-2) is referenced where
appropriate. When the analysis for the previous EIR is adequate, the findings of the previous
EIR are used for this project.
The proposed MCA Chul.a Vista Amphitheater project is proposed for 72.5 acres for the
improved portions of the Otay Rio Business Park - Phase I, which has been fully graded and
improved with roads and utilities but has not been developed withstrucrures. The City of Chula
Vista has proposed the relocation of a public works facility identified as the Chula Vista
Corporation Yard from its location in downtown Chul.a Vista to a portio? of an approximately
50-acre undeveloped site located dinectly west of the proposed MCA Chula Vista Amphitheater
project. The Chura Vista Corporation Yard would consist of a building and parking areas used
for the storage of vehicles, equipment, and materials, including Chula Vista Transit vehicles.
The City of Chula Vista conducted an initial study for the proposed Corporation Yard and
prepared a Negative Declaration dated December 16, 1994. Consideration is also being given
to relocation of the Sweetwater Union High School District Yard to the same 50-acre site.
.
.
Proied De<icrintion
The MCA Chula Vista Amphitheater is located within the southern portion of the City of Chula
Vista. The project site lies southeast of the I-805/0tay Valley Road interchange, and dinectly
MCA Chula VlSta AmphiJh<ater
Fuwl EIR
1-1
City 0/ ChuIo. Vzsu.
August 1995
q",,)L!
I -, f
InJroductWn
south of the Olay River. Tbe project site occupies 72.5 acres within the City. of Chula Vista's
Eastern Tenitories Area Plan as designated by the Chula Vista General Plan.
Tbe proposed project would involve construction 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 amphitheater complex is proposed to include staging areas,
ticket sales, permanent concessions, first aid/medical station, restrooms, and will require parking
for approximately 6,000 cars. The amphitheater structures are proposed to be approximately
85 feet high (60 feet above ground level). . The amphitheater is proposed to be used for concen
events approximately 35-60 nights per year. Additionally, an open air m:uket is proposed for
the parking lot area, Thursday through Sunday from 7 am to 4 pm. The proposed. project will
require night lighting onsite and along access. roads. Fireworks may accompany. select
perfOlmances. The project will require grading to create an earthen bowl; all earthwork is
proposed to be balanced onsite with no import or export of materials. Amphitheater access
would be provided from Otay Valley Road and existing onsite streets. Several public streets
would be vacated in the =tral portion of the site to construct the :unphitheater.
.
.
Environmental Settin~
The MCA Chula Vista Amphitheater project site is 72.5 acres and lies in the Otay River Valley
located in the south portion of the City of Chula Vista, four miles north of the United StateS-
Mexico International' Border. The City of San Diego is located directly to the $Guth;
unincorporated areas of San Diego County are located directly to the east of Olay Valley Road..
The project site was developed as the Otay Rio Business Park - Phase I which includes graded
building pads, landscaped entrances and embankments, street improvements, and utilities. The
graded building pads are terraced d=nding from the south to the north; no buildings have heen
constructed at the project site.
The surrounding properties are predominantly undeveloped land. To the norJ1 of the site is the
Otay River which includes a natural floodway with disturbed and undisturbed vegetation.
MeA Chula Vu.ta Amphiiht:aJu
FUUll EIR
1-5
City of Chula Y=Z
August 1995
9.,<,{t;
....-.,~----
InJroduCMll'
Directly to the northeast of the site is a small utility yard under private ownership. Further to
the north of the Otay River is Olay Valley Road, with office and industrial uses further to the
north. FUIther to tl]e north is the Otay Landfill operated by the County of San Diego, To the
east of the site is Olay Valley Road and undeveloped land that is part of the proposed Otay
Ranch development, with the exception of a public trap/skeet shooting range with a resident
employee. FUIther to the east is an aggregate mining operation. To the south of the site are
steep, undeveloped bills which have been used by unauthorized off-road motorcycles and
vehicles. FUIther to the south of the site are steep slopes and canyons rising to Otay Mesa.
Areas to the south and soutbeast of the site are within the City of San Diego's Olay Mesa
Precise Plan area and are genernlly proposed for residential uses and open space as a part of the
Draft Multiple Species Conservation Program (MSCP). To the west of the site is undeveloped
land, portions of which appeared to have been used by unauthorized off-wad motorcycles and
vehicles. Further to the west, the Otay River trends to the southwest. Further to the northwest,
commercial facilities, including industrial and commercial facilities were visible along Otay
Valley Road. Other uses in the general area include existing and proposed industrial uses on
the Otay Mesa and Interstate 905 to the south; Brown Field to the southeast; residential uses in
the City of Chula Vista to the far northwest; and Interstate 805 to the west.
.
.
Imuact Analvst.
Each section in the impact analysis includes the following subsections: existing conditions -
describes the enviwnmental setting for each issues; impacts - assesses the effects of the project;
mitigation/monitoring - discusses measures which would avoid or reduce identified signific:mt
impacts; and analysis of significance - evaluates the signifiC2l1ce of each impact after mitigation..
The following table provides a summary of the potential impacts, mitigation
measures/monitOIing, and level of impact after mitigation for each issue.
MeA Chuh> V"'" .4mphitheaftr
Fuuzl EIR
1-6
City of ChuIa V"'"
August 1995
C'" ..- )/
./ --...6
lniroductWn
TABLE 1.2-1
SUMMARY OF ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES
~:te#(#',:~'~?
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L.A.,,"]) USE
Tho prop<*d p~t will DOl J;'IWJ.it in
,i~fi.c1nt Unpacu to land Wd. Tho
projet:t :UtO was dcvdopcJ.' fIX tho Otar
Rio Bw~ Park; the ~ site ia
graded with tern=d building pad..,
~t improverocxu.. utili~ .and
I~ ~entcancc:..
"The projc:ct, ,ilO is zoncQ for 1nd.wttUI
~ Limited Manufacturin&" and Re=rch
1aod UK:l.. The p~ project will
~u~ approval of Conditional U.Jtl
Pe:n:nits (em;) for the 'P<<ific UIIO a(
the project .n(CI for U1 amphithc:mcr and
open air market.
Notsigoificmt.
The p~ project will rcquinr 4pp",?!~LEf
would ConfOfDl \1,tith th 'ChuLa.
Vi~ Genen.I P1u1 H ment and
e proposed
project wUl requirft approval of ~t
...acatioD.ll, lot <<JWlCu.utiOW. u ~U u .. City
NoUe Ordw..oc.a Exception and. City Noi:JO
Onl.inan;:tI" AmondtDQllL.
.
.
MeA Clulla Vl.lta Amphilh."ur
FmaI E1R
1-7
City of Chuia VISta
August 1995
~ '1-1
<.; .". I
i' -'1'
,
Introduction
TABLE 1.2-1
SUMMARY OF ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES
TR}lo.I.'1SPORT AnONJ
CIRCuLATION
Tho. propoJCd projed will ~ratCI
tn:ffic in off~ noon.. WUh
incorpondoa of thlll mitiptioa
~ tho propo.cd project will not
rcsu.U. in significant advc,. Unp.ctl to
traffioopen.tiOl11. The propoaed
projeCt will not l"Cdw;e itllcrsectio:a
lO'Vcl. of saevicc .., vuioua 1000000llS
for the p~~ poriod$ in time (19906,
2010, and 2015 BuiIdout). Tho
propo-d project. will nof. result in
sipficmt advcno impICtlJ bued on
tM off-peak hours of amphilh.=ter Jae
and off-p-ed;: boars of ~ .ir t:IU.rk.et
lUO. In .dditio~ th.o propotod
exp.utAoD of adjacent: str=t SyliCclM
...ull(;l;~ projCC:'~lw:d
[rI:Iffic volulllelI from 1996 throush
1010. Upon area buildout iD 2015.
the surTOUDdin&: :street ~ will
have c~nded to provide project JitCl
a.::ccu from four ditecti~.
I.
Compkte the widening oCCUy Y.alli:y
Rn..J. from l-S05 to Nirnna A'Ycnuc to
provide the:. ultimatCl six-laM cron-section
and mcdiul or, U .-Jl inrcrim measure,
:!":iij~~"~
Reduced to "
1cveile~thll.Q
,ignific4llL
.
.
MCA Chula Vuta Amplwl"atu
Frnal EIR .
City of Chula Vista
August 1995
2.,
ComoJete the widenin20 of Quy V!!llkv
ROIId from 1-805 to Ot::lv Rio ROIId 41
cu"",ntIv o[a~d hv the Citv of Quill
Vim.
4.. From Nixvllnll to nortbwe3t of tho
Ot.y River croulna, modify the.
planned improvcmanbl to provida
three we:llbound lan-. and two
eUlbound /.anc:a..
3
:&rwc.cn Otay Rio Ro.d and
approximately 1,200 feet nortbwclJt oftbc
ou,y River Cl"Oaaitrz. provide
cha.aneliiatioalClJllU1g of tnffic durins:
cvcIlU 10 provides threa e..tbound lanllll
(mbouod) for urivina' UlIffic whi)c,.
maintaininJ: ~""~ laoa., For
depvtina: traffic. provide ~ westbound
Lana olJld ooc euthound /.anc on Otay
VailOS)' Road. ThiA woukl be
accompWhed tfuuugb. 11M; oftrllffic
control Oll Otar Valley Ro.d..
4. En-ut1l through adequate eoDlrol.
monitoring and enf~emollt that event
p,a:trona pari::: oa-t~ .sod not an
51lITOt1DdinI streeU inl;;lud.ioi Otay Valley
Road..
5. Modify the p1uwcd JOUlhbouod 1-805 off-
Pomp chanDc1izaLion ... the ~y Valley
RaW inte:cianl{G to provld4 e:n:lusive
left., kft/tbrough/right, and cxcluaivG right
turn 1&11(:.,
H
9"~i
;
Introduction
TABLE 1.1-1
SUMMARY OF ENVIRONMENTAL IMPACIS AND M1T1GATION MEASURES
TRA..'iSPORTA nONI
CIRClJLATION
(Continuod)
Pn:rvld- 00. traffie liiJlollllt a loc.nion to
be ~ by 1M City (Ot&y Valley
RoodIOtay Rio Ro.d or Oo.y Valley
R.oedJSpy Glaaa Hill Road). If the .igna.1
i.J placed u cu.y Rio Road, OQ-5u.
ci..rl;u1atlon paauoa and aceesa eontrol for
IJOCl-Oveat opeIlltlODol (i,o., indiutria.I put.
~ yard. and opeo-air market)
:;l,I'Ol,dd be dicwod by tho ai~ location.
Under thi.. ,.;.-uArio. opon.-ili lnuket
traffic W<lU1d OtliCr at Spy GLua Hill Road
&Dd exit al Otay Rio RoW. Under eilher
-=~. th4 i.ot.cnoc:tioa of Ot.ay VtiIcy
R.o.adJHcriuga Road &1 Spy GWIi Hill
t"O.d will raquLro elc.aou;t (zTubbing,
elcarina:andJl1ld[ng)olllotho~tb.to
improvo sight dUu.nco..
7.
Develop and implamc:tll: .a m&n:I~
and mitiplioG ~ propm.
aceqK&b~ to tho City of aula VUa
Tr.t6c EnginDcr_ 'The ~
lDoUlualha.JJbo~intoth.l
plan aDd. implcmcDt.ed u mitigation.,
h~. tho Clty TnJfig ED&inoer dull
modify tho pl.a:a. as noca-...ry to addreu
m.y e~ in UlIf&: chan.:tcristi.:1 over
time:
j'l~.;~-;;
Reduced to .
level leu tha.n
;ignifle.a.nL
.
.
MeA Chula VISta Am.phiiJr~atu
FUUll EIR
CiiJ af Chula yo"",
August 1995
.f"! 'I::
r~.):7
.. E..t6bWb. ManagoxooaDl. Te.tIm
eoa.aUcing of MeA Amphitheucr
lIIlUUI~ City ofcnu1& Vusa,
c~ ClIP and Law on{otcemlllJ(
panocmc.l for ove~ and cor:ll..inuod
~cillaoco or tho fKility aDd
&AoCiated l2VClCIa.
b.. Tho !tIOlicsnt. oTior to QoenilU!' 0,."
of1:1l0 OI'Oiee.t. ineonceTt....ith tho
Maru:~n.l: Team ...ill d~doo .
T",fTic MIl'\a2'llrnenl P'tan mAP, U)
be u&ed durimr the fir.Jl veu of
QOef'lltiQn.l. 11111 alan will identify
Inffie o;onuol. directiond ~ill'1\ini'.
Vllrillblc: mo:~ ~ilm1. tnffic o;omrol
officcnI. conirur t.w enfon:cmoent ~nd
DU1::irur man:aY'l:TnCnt OtoCedUfC'S U) b",
fallowed ror tho VllriOUI ~inl Ind
rvoel of conceru..
1-9
InJroduction
TABLE 1.2-1
SUMMARY OF ENVIRONMENTAL IMPACTS A....I) MITIGATION MEASURES
;~j~;
TRA."IISPORTAUONf
CIRCULATION
(COIl1in.ued)
FilZUre :3.'2-2 denictos thl) l?cnenliud
traffic Inllna~en[ techniaues 10 be
incomonted into the ThtP.
c. PrepU'l:l pm for dim:tionai ,i;ning
to aod from Lbc amphitheater during
evcou.. Tbc..so plam will nc.cd to be
de<<Iy l:oOl:d.inatcd w;th the Ci~y of
Quia v~. Callrul.l, 4JId tho City of
. S.ItIl~. Event or l.tmpon.t)'
Rgning would be. ~uircd 00 1-305,
cx.y Valley R~ aDd Otar MeA.
Rood.
d.. ~ I..Ild implerDllDl traffic control
.u>>tcgic.s and equipmcm requirements
[0(' !be intetRctiotul akin&' Otay
Valloy Raad ~ .It Otay Valley
RoadIHeriulgo Road. 1'h=a:slral.cgies
will DDOd'to Iddn:a ~er aod
equiptnllDl rcquiremttUa and
d.ct.:Jrmio" tho hoon of opentioo.
.
.
Due fa th.a heavy peak dcmand.a &1 uu:
I-30S/Otay Valloy Ro..d. iDten:hango...
traffic coot.rol penonDCl will ba
ua.igncd to Ulla in directing of
tnlffic d tho iDtGn:hange .. ',lieU.. .t
I:i~ inulnoct.ioll.l -ion<< ou,y
Valloy R.~ durlni; full ~jty
lJVCnUI. Trw.ffig l:oatrol. pefXInoc1 and
barricade:. will ...., be employed a1
Oleander Avenu.4 and/or olbet' loc.a.l.
1:'O&"""'y. .. DCeC:n.uy to direct traffic
aM climinl[e s.i:Klrt-cUl {nome through
~sidcDLiaJ.'rea...
MCA Chuia VISta AmphitheaUr
FUI4i ElR
I-IO
City of ChuIa VISta
August 1995
..,-'\" ).,
~;':",,l'" "'T~ ....)-0.
i ~-/
IntroductiDn
TABLE 1.2-1
SUMMARY OF ENVlRONMENTAL IMPACfS AND MITlGA nON MEASURES
(tii~j~~~_;!;
TRANSPORTATIONI
CIRCULATION
(Ca"""=d}
e., OcNCljQp And ~Ioment an oiuita
~eQ p/.a.a. to minimiza con1licta with
pc&:1tri.aD. Lntffil;: and "cl1id~
ad.cquCdy placa P.Y poinLl. and
d.etctmiDI procedures to fill the
parna, ~ from: Otay V41lcy Ro.d.
via Qt.,. ltio ROtii and Spyga.. Hill
. R..oad., ThiI du.U i.ngreu !lCbemc may
need 10 !~ both roads with inbound.
uaf& ",..,..I1.nAroI!'.'Y. ThIS pLa.a will
aoc:d.loinclude:
ewm.,lJz.at.ioDlconin&: plans and
taffic roDlrol pc:r..onnel
rcqUl.n:=IDDcU;
Loc.uioa and oumiH:r o{ P.Y
-
Podestri&Jl coruol onaitll and to
J.imit~ &.long Our
Va&y RoMJ~
.
.
Tow !..rude aDd CIDCfi'CllCY
equi:pmons: fOf' Itallcd and dl..blcd
vcbicLca;and.,
A pb.n to main.taiallCCCz:JtoJ.Dd
from tb. City of ChuI. visa.
C~OQ Yard aDd OI.bor fuw.~
&d~lUO:OdurinlcvcIIf.J, Duo
to tb.. n.e.vy traffic demand
durina uriv...& and deputUro
p<lrioda, j, lDiIY be OI:(:UIUY for
amphimc.uu lIU.I:l.Aj'CmcDf.
p<<IIOGDCllo ruakc provuwos for
off.tito r.ciJitic. such as ..
xpadC4 dn...c....y a.lcaa !.ho
~ lito bo.wduy to Otay
Vailey Ro&d. to M:commod..w
llmDl'Xll_Y actlvitiea of th. City,
Spoecitio pl"OYi.no~ 10 mai..rJLaia
IoCCOU to and ffOlD. tho
corpontion yud during r:vcQU
s.&...ll bo developed to Lb.e
satiafaaioa of 1ha [)irI:.cto(' o(
Public Wmb and i~kmcu.ed
prior to d.c'VcJc,lmca: o{ tho
~ yard.ita.
MCA Chula Vista .Amphitheakr
Fuwi ElK
I-ll
City of Chula Vista
Augu.st 1995
::j - :3 I
I
lniroduciWn
TABLE 1.2-1
SUMMARY OF ENVlRONMENTAL IMPACTS AND MITIGATION MEASURES
:;1!:~~;r
TRANSPORTATIONI
CIRCtiLATION
(ContiDu.ed)
~
i. Aft.cr COlTltllellOfl. of the. fi-n( vu:r of
C'(!CTlI.UOI1 the !onHcant will work
with the T[':IIffic Mlln.llll'ement Team 10
~fi\'MI the: "f"Ml> for fuCJre YeA" of
!!!!m!i2!4
Recommf!1ded Eyl:'nt Momtortn. ~
=
An c:vcDl mocitorinr progn,m (EMF) sIull be
developed u an additional mitigation r=a3Ul'C
for tbe propmed project.. The 3lanIiania to o.e
achio'ved by tba ElvlP "1'0 .. foIlQ.....lI;
. 1 0 C~l'Cl th.1 aru. rc:sidcnu are
allowed to LBvd to .wd from their
homes to . dulinatioa QUuide the
area wilb. minimal delay;
.
.
. To pf'O'lt'ide uocOCltrainod access fOC'
e1%l&r-pm:y vehicle. to l.ho Ilreaj
. To prvvidc moWlOrinj: of~ffic flow
andp.utina:oa.~iu~eotia.l
.re:u duriq salocted. evcn1l w to
provldo fOC' n:stticted aecC1I if
nco;:u.auy;
. To doavelop appropriu<= 3ignagc llOO
.dv~ directing traffi.; to
deaip.tcd parting an:..u lNi-.cd. 011 the
natul'1:l o( tho c'Vcnt and IInticipucd
~a;ami
. 1'0 W:llJOD.It(Ua scoaitivilY to the
ti.mU:t&' o( C1Wnu.., ta.king into account
pading and. traffic flows ",I~ to
pa..i: tnlffi; period., rcaidcmial
Commu(cr p.tu:~ -.nd aoticipllu..d.
Iltend.am:e.
MCA Chula Vista Amphitheater
Fuwl ErR
1-12
CUy of Chula Vwa
August 1995
4-",~-"" '1
I ;;Je'"-
InJroduction
TABLE 1.2-1
SUMMARY OF ENYlRONME/'<"fAL IMPAcrS AND MmGATlON MEASURES
NOISE
"'['ha~pro.iactlDAY~io.
sbon-term CClnstrUCtio~ nou..
end U1loc,reuo in ~ ooUo
10000tad.u..oto~ncetf.ovent.l.
ecnsrrucdoo. oois.I:I impactl U'O
c~ lea than Jip.i6C1lJL.
Tmlic ooiao impac:ts I.f'O; c~
leu tha.n ~pficaDl..
CJJlICGrt ooUo impacU ua ~
to be 1.- than IitPJi6caDt upoa
consuuction of tM ~iliry .mea DO
ripifi,c..wl imp~ts to 1lxiain1
suftoundina: 1aDd u.n !a.vo 'coca
idenlificld. Conc:C\"t noi*' mill!t
bccoma npiic1Dl in ilia fuU:..-=. when
and it p1an=d nl~ dowclopm=m
oc.eu..... dcpendina: OQ, future ambiaol
ooPo IO'W'ou and. .:JUud aa.enu.aLioo
U8QCia1cd with that futlUQ
~elopmcDl-. shouLd such fWura
CODll~fIl~ ~ impacu oc---ur,
impiclIDcllLltioa. of the mitigatioo.
procram ideaiifiod will rcdl.w:o coo:ol1:
noUo iz:cp.-..::t:I to I.... iliaD aipificant
teveb.
No mitiptioo. is ~uired fOC'traffic or
cOQlttUCtioo. pede Iinc4 impu:u ;it'll d.w:.rm:ined
to bcJ I~ th4n Upi6cu:t-
Mltipioa. fOC' coucert noUo inv~tI ia oot
requinod foc openWa day of the facility liDee
DO ligni6c:at ~ to criaitl.i: wrroundina:
land uxs have been kicntificd. ConcCI1. ooi.sc
~t roitiptiod will bf) ~ired wh.ctt and if
it ia ~ that l:ho JUQdud oyenUoo. of
the facility ~ in:a p,atLCm orviolaUoo. lh.U
lIxc-a tb- thraboW A&iIdardII ..t forUz in lh.
City of Cut. vt.&a Noi.e OtdiIwJl;:e.. A
pan.c.m olvWlation m...u bo ~ by the
z.ocinI ad~to('. in a<<:cxdanca with
specific CUQdiooWl pL:.ccd oa tho Cocditio~
U. Pannit fOC' lhIli amphithca1et'~ Tho method
of mWptiou.wouJd ~ ofpl"Ov~ {eu&'blc
~ JUclI .. mc-liAed below, a.ny of
which baa tho ability to fGUibly mitigate
impacts to I.ca tha.lI Jip~ l~c1s. applied
cithM iDdividwllly ox in combinatioo.:
1. ~ ol.ad.ditiona1 vartic"" b.m:nl
IUOUJ)litbl~.rca.
2.. Mod.i6od. laWn ~ rySlmn desiguJ tlm.
bc1tet coauollClUOl1 r.D/!lrTl ndiltin&
~ of J(l.:.~ &reU-.
3. Adrnindrntin cootr'Oh OV'llr :!tlII1C ~r
IClI..Cl1 ~ to b. a:ppl.icd i(tbo reference
l~ at tho roi.xin;: booth exceed. &
~ifiodthreabol.d!h.:l.liscom:l.&tcdto
iJ:np.-cUlinthoc;.omriunity.
:tfft~i
Reduced to II
~vclleuth.an
.igniiic:ulL
.
.
,UCA Chula VISta Ampni1lu:aur
Fuwl EIR
cu, of Chula V=
August 1995
1-13
9-33
Introduction
TABLE 1.2-1
SUMMARY OF ENVIRON1lf&'.-rAL IMPACTS AND MITIGATION MEASURES
AIR QUALITY
Air poUution ~ will iDc:euo ...
I. rt:$U.l1 of incre:ucd tnffi.: aDd.
co~tiOQ activity.. Tho pt"ClpODCd
project is located [n I. non-lt:1Uru:nent
air bum and will reau1t in cmiu.ion:l
that exued thresbolda established by
the South Caul. Air Quality
M&n.Ilg1l'IDIlntDi.sl.rictrm:lO.IIri>oa
tnCoorida, nitrogca oxide..!, .IJ:lIi
IQCUvO ocganic compound..
L Implement dwt control meuures to
mlWa.i.n adeqtut.:. soil moidurc. ll.I weJlu
remove aoilspilIed onto $Urt'Ouoding roads
lhrough nta housekeeping procedures_
Reduco source. of du.at by applyiog water
to 50ii pile., cxpOtSCld surface:!, and in1clrnlli
roW..
2, Implc:mem cOCSllUCtiOQ opc~tin&'
procedUf'9. to reduce intcnen:DCo with
cxistina' tnffic UJd prevent tn1ck: queuing
011 any public ~_
3., Re.llrict esrth moving activities to 35 9.0::1':1
at any tima, so that. 00 !nOf1: than h41f of
... the project 5i~ is under disnu:ua(l(:ll.
4.. ImpIcn'llJnt I. cowuucUoo cquiptncDl
maint.caaDCo pcollnm to ted~ equipment
cmia.aioo.l..
iMlI1S0m'11IDOn Ooe'l"lllionl
5. Provide faciliticl to illCl'cno tho use of
ouhlic ~o:iil u1d .Itemativ<:l U'3.nsporution
meth.od.a ~ludina: a.ccc..u by buSoe:S and
other multi-<<:cuplWot vehic~ during major
cvcuu.
6. Provid4 uldlilo pukina wiLh muaJc
~Nicca to reduce KCe.u/egresa congc3(ion
and. to alIOVu.t/:l pll':lcing -'Paco ~striCtiOlU.
Shunk ~~. will iD:1'CI1MI tho anticipated
.3 + t'auengc:rJ per v~ick: Ilvc",se vehkJe
ridenb.op (A VR) for concert attendance..
7. ~lcllncDl. It'aUpOrtatiOD demaod
rnul.'lgerocJJ.t proc:<<Iun:.s for major eventS 10
evaluate optimum a.c<:cwcgreu routes and
10 enc;ountgo altcmative. to low OCCUPIlDCY
vchide.. Procedunla ,j.,veJbped during the
rlMt few awjor C'VctlU should be refined for
subsc.quoal fac:iJity use.
XiJf~~::O'{:)%'pi~i)
~:~i~~:~r
SjvifiCll1l~ and
not fully
mitigated.. The
mitigation
mcalAU'C5 will
nlbmctislly
lc=n short.tenn
and long-lcrm
impacl..'5 to .!lit
quality II..S3OCt.lled
with the proposed
projcc~. Short-
term impacts from
du.u generated by
eOJU:lrtIclion
.activitics would
be reduced to.li
'll;VcLi~.th:lI1"
$ignific:lI1~ .
Short~rm
impacts from
emissions relat.ed
10 constrUCtion
..ctiviticswould
notbClfully
mitigst.ed. Lcng-
term impac!& from
cmi:Wons relat.ed
to tnffic would
DOt ho fully
mitigllt.ed..
.
.
M'CA Chula Ylsta AmphiJ.heaJu
Fmal E1R
1-14
f
S';;r -(,;.:'
L"'
CiJy of ChuLa }i.sta
AUgusll995
IntroductWn
TABLE 1.2-1
SUMMARY OF ENVIRONMENTAL IMPACfS Al'iD MITIGATION MEASURES
....tZ..~...
HYDROLOGY
ThG propoeoJ. projoct. will cot ~ in No miriptioo. ~ U'1I- ~u~.
advcnlO JiiI'Ji5c.Rnt ~ta CO
biologk>J """'"""'. Tho p","""",
project will nee. dlautb OC" dit;p!aco
nalivD h.sbitAI: Q(' :s:ca.&irn pLAnt Of'
wildlifo ~ at tha project ~,.
Tho p~ project would t'CItIlI: in
tho couvenioa o( 72...5 &C~ of
distl.ubod vcg-ctatioa toc.a.Lod ot1
10m=! building "..,. .... Iand=pcd
cntn.nceJemb&n.kmCnt:I. 'Tho proposed
projoct may fIl..IlIlt in indi.rect impaca
to off:JiLCI an'U rdat.ed to ooUc.
liJbting/gluc., and bu.lDlll:1
I.Ctivity/cnct'OlloCbmeal:. The direct and
indirr;c:l impa.ca to ofUic. bioiogial.
~ would DOt be aiJni6ea.nr...
Tha p~ project will cot ~t iO.' "No mitigation mc.Uu..ru ar= required..
:siiWfic.lUll. impacu to hydroloa.
Tha propoocd projcct will DOt nuuIt in No mitiratiod IDASUru an ~uired.
signifiunr. impacts. to h.azardow: wut.c.
Polico Protection Police ~lioQ
Notsi~cant:"
BIOLOGY
No< ~iguiiio;;:ml'-
IIAZAROOUS
WASTE
Not signifiUDt.
Police Protection
.
.
PUBLlCSDlVlCES
AND FACILITIES
TM pl1:lpOlOd proj<<t will re=lt ia an
Ux:te1a,S:8 in dcmacd b ~
Pro(.cctioa MrYicu. Thia iJ:tC~ in
domaDd. will. DOt ~ in aipi&.:.rd. '
imp.aI;:u to po.liee prmcctiaa. ~.
No aUtiptioa meuuru an requifl:ld"
Not."iltI1ific.ant.,
Fif1:l ~ectiof1 Fire ?:-ouc.uon
Ft"' ProteetiOQ
1'bo p~ project will f'CIIIJ1r. in.an No mitiplioa. IQIl.UUres ~ re>qUirai"
iDc~ in dcmaad fOl' riM proeaWoo.
"l'ha iacreaa i.a dcmaDd. will DOC. n.sWt
in N~fiunl impac12 to tire proc.oc;tioa
.....ne-.
NO( "ignificmt..
Wlurr Ul.Jlitiq W.~ UtiHtie.ll
Wau:rUtiJi,ics
No aigniiiaDI impM:ta wen. idmdi&d.. No miUpboa mca.su.t'Ca anJ requmo..
NO( signiiic.ml:"
~ UliJitioa ~ Utilities
Sewer Utilitie"
VISUAL QUALITY
No significaar; impxu were idcDl.ificd.
Tho propo$ll'd projoct will not rcaUl in
.sirnificaa. advc.nc impac:u to vUu&I
quality.
No miLip.tioa. ~ al"O required.
No mitiptioa ~ arc roquired"
Not signifio::anL
N<x lIignifio::.mL.
MeA ChulD VlSta Amphiih.ater
Fmal ElK
1-15
City of ChulD VlSta
August 1995
f-d S-
Introduction
This Page is Intentionally Blank
MeA Chula Vista Amphith,atu
FuzaI. E1R
1-16
City of Chula vis'"
August 1995
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P.O.Box211781
Chub Vista, CA, 9-1921
619-271-379 !
619-300-6813 cell.
TRAFFIC AND P ARKlNG FLOW AND SIGN PLAN FOR SWAP
MEET AT CRICKET WIRELESS
Traffic from Main Street:
All traffic from Main Street will enter either tl1rough Entertainment Circle North or Enteltainment
Circle South.
Entertainment Circle North will facilitate patrons for the Swap Meet as well as Water Park and
persons going to the Box Office for the. Amphitheatre.
Entertainment Circle South will faciiitate Vendors and Employees of the Swap Meet, as well as
Water Park Patrons.
Parking:
.
.
Parking for Swap Meet Patrons will be in the A Lot or North Dirt Lot, they will be directed in
through the First Gate on Enteltainment Circle NOlin and will be parked Disneyland Style East to
West,
Vendors will park in the B lot or Main Pavement [at, which is where their booths will be.
Employees will park in the C Lot or South Dirt which we utilize now for Amphitheatre employee
parking, the will enter through the first gate on the left side of Entertainment Circle South. They
will be parked in the same direction as the North Dilt Lot.
Signs:
For proposed sign plan see Figure 12 in LLG traffic control assessment.
All Signs will be 24)) x 36l> coroplast mounted 011 a traffic barricade.
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NOTES
Sign locations are approximate.
LEGEND
"1I:T - Proposed Project Sign
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Figure 12
Conceptual Signing Plan
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Planning
& Building
Planning Division
Department
Development Processing
CIlY OF
CHULA VISTA
APPLICATION APPENDIX B
Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council,
Planning Commission and all other officiai bodies of the City, a statement of disclosure of certain ownership or financial
interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information
must be disclosed:
1. List the names of all persons having a financial interest In the property that is the subject of the application or the
contract, e.g., owner, apPlil:nt, contractor, subcontractor, m.aterial supplier.
Jaw tnuArlnO \Vf~
2. If any person" Identified pursuant to (1) above is a corporation or partnership, iist the names of all individuals with
a $2000 investment in the business (corporation/partnership) entity.
tJ/8.-
,
3. If any person" identified pursuant to (1) above is a non-profit organization or 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.
tJ 1'4.
I
4. Please identify every person, including any agents, employees, consultants, or, inpependent contractors you have
assigned to represent you before the City in this matter. . .
iliA- '.
5. Has any person" associated with this contract had any financial dealings with an officiai" of the City of Chula
Vista as it relates to this contract within the past 12 months. Yes_ No~
If Yes, briefly describe the nature of the financial interest the officiai" may have in this contract.
6.
Have you made a contributi<;ln/of more than $250 within the past twelve (12) months to a current member of the
Chula Vista City Council? NoL Yes _ If yes, which Council member? .
276 Fourth "Avenue
. Chula Vista
Calliornla I 91910
:;3:S5'6. 'f - eI/
(619) 691-5101
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p I ann
n g
& Building
Planning Division
Department
Development Processing
em OF
(HUlA VISTA
APPLICATION APPENDIX B
Disclosure Statement - Page 2
7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista in the
past twel,<:e (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.)
Yes_ No~
If Yes, which official" and what was the nature of item provided?
Date')., 2..,~ 6 \
,
-,
Print or
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j
Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fiaternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other
political subdivision, -or any other group or combination acting as a unit.
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board.
commission, or committee of the City, employee, or staff members. .
.
2:Fi Fourth ;-\venue
Chul..1 Vi,tJ.
CJ.lirorniJ
91 '? i r)
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RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA CONSIDERING THE ADDENDUM TO EIR-
95-03 AND APPROVING A CONDITIONAL USE PERMIT,
PCC-08-017 TO OPERATE AN OPEN AIR SWAP MEET
WITHIN THE PARKING LOTS OF THE CRICKET WIRELESS
AMPHITHEATRE LOCATED AT 2050 ENTERTAINMENT
CIRCLE
1. RECITALS
A. Project Site
WHEREAS, the parcel which is the subject matter of this resolution is diagrammatically
represented in Exhibit A attached hereto and incorporated herein by this reference, is commonly
known' as the Cricket Wireless Amphitheater, and for purposes of general description herein
consists of 72.5 acres located at 2050 Entertainment Circle, in the east, west, north and south
parking lots of the Amphitheater ("Project Site"); and
B. Project Applicant
WHEREAS, on February 29, 2008, a duly verified application for a Conditional Use Permit
(PCC 08-17) was filed with the City of Chula Vista Planning and Building Department by Jose
Eduardo Morfin ("Applicant") representing the Southbay Swap Meet and Mr. Thierry Gray,
representing Live Nation Entertainment ("Owner"); and
C. Project Description; Environmental Determination
WHEREAS, Applicant requests permission to operate an open air swap meet ("Project") on
the Project Site as a secondary use to the principal land use known as the Cricket Wireless
Amphitheater; and
WHEREAS: the Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
proposed project was adequately covered in previously adopted MCA Amphitheater Final
Environmental Impact Report, EIR 95-03. The Environmental Review Coordinator has
determined that only minor technical changes or additions to this document are necessary and
that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for
the preparation of a subsequent EIR have occurred; therefore, the Environmental Review
Coordinator has prepared an addendum to EIR-95-03.
D. Planning Commission Record on Applications
WHEREAS, the Director of Planning and Building set the time and place for a hearing on the
Conditional Use Permit application, and notice of the hearing, together with its purpose, was
H:\ENGINEERIRESOS\Rcsos2008\12.16.08\SoUlh Bay Swap Meet (PCC-OS-017).doc
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Resolution No. 2008-
Page 2
given by its publication in a newspaper of general circulation in the City and its mailing to
property owners and residents within 500 feet of the exterior boundaries of the property, at least
ten (10) days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely November 19,
2008, at 6:00 p.m. in the City Council Chambers, 276 Fourth Avenue, before the City Council
and then closed.
WHEREAS, Record of the proceedings of the Planning Commission at their public hearing
on November 19, 2008, including their vote upon Planning Commission Resolution No. PCC-
08-017 recommending approval, along with any relevant comments, have been provided to the
City Council and are incorporated into the record of this proceeding. These documents, along
with any documents submitted to the decision makers, shall comprise the entire record of the
proceedings for any California Environmental Quality Act (CEQA) claims.
E. City Council Record on Applications
WHEREAS, a hearing time and place was set by the City Council for consideration of the
Project and notice of the hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the City, its mailing to property owners within 500 feet of the
exterior boundary of the Project, at least 10 days prior to the hearing; and
WHEREAS, the duly called and noticed public hearing on the Project was held before the
City Council of the City of Chula Vista on December 16, 2008, in the Council Chambers,
276 Fourth Avenue, at 6:00 p.m. to receive the recommendations of the Planning Commission,
and to hear public testimony with regard to the same.
WHEREAS, the City Council of the City of Chula Vista reviewed and considered the
addendum to Final Environmental Impact Report, EIR 95-03, and the Conditional Use Permit
(PCC-08-0 17); and
WHEREAS, the City Council of the City of Chula Vista after considering all evidence and
testimony presented voted X-X-X-X to approve the Conditional Use Permit (PCC-08-0l7),
based on the findings and in accordance with the conditions listed below.
NOW THEREFORE BE IT RESOLVED by the City Council of the City ofChula Vista that
it makes the following findings:
II. CONDITIONAL USE PERMIT FINDINGS FOR APPROVAL
1. That the proposed use at this location is necessary or desirable to provide a service
or facility which will contribute to the general well being of the neighborhood or the
community.
The proposed Project is desirable in that it will provide a retail venue in the City where
purchases of a wide variety of new and used personal, household goods 'and services and
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Resolution No. 2008-
Page 3
business items can be made at an affordable price. The Project will help to stimulate the
local economy by providing an incubator for the development of new small retail
business. The Project will provide retail services that would not otherwise be provided or
accessible to residents of the southern portion of the City. The Project will also help to
support the operations of the Cricket Wireless Amphitheater, by making use. of empty
parking lots and creating additional activities during times when concerts are not taking
place. The Applicant and vendors will be required to indicate the project's site address of
2050 Entertainment Circle as the place of business on their business licenses and tax.
Permits. This will generate revenue for the City from the fees required for issuance of
business licenses and from sales taxes paid by the customers. In addition, the Project
would increase public awareness and familiarity with the Amphitheater and the City of
Chula Vista.
2. That such use will not under the circumstances of the particular case be detrimental
to the health, safety or general welfare of persons residing or working in the vicinity
or injurious to property or improvements in the vicinity.
The proposed Project 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 because the hours of operation will be staggered so that the
operation will occur only during the daytime on weekends, and will not overlap with
concerts and special events held at the Amphitheater. The level of traffic generated can
be accommodated by the existing street system and parking lots, and will not result in
congested roadways. Parking will be managed so as not to create traffic conflicts on the
Project Site and on adjacent public streets. Other special events held in the area, such as
Championship Off Road Racing that occms six (6) days a year, will provide their own
traffic control and monitoring programs, which can accommodate any traffic generated
by this Project. Conditions of approval of the project regarding hours of operation, traffic,
parking, noise, and compliance with vendor rules and regulations will ensure that the
project will not adversely affect the surrounding area.
3. That the proposed use will comply with the regulations and conditions specit1ed in
the code for such use.
The Project is an unclassified use allowed upon approval of a Conditional Use Permit
consistent with the requirements of the Chula Vista Municipal Code (CVMC) section
19.54. The operation will be conducted primarily outdoors during cvmweekends only.
The P!"oposed Project conforms to the zoning restrictions and existing development of the.
Project Site, and the conditions of approval require the operation of the Project to be in
continuing compliance with all applicable city codes and regulations. The use is
conditioned to require the Applicant to comply with all the applicable regulations and
standards specified in the CVMe.
4. That the granting of this Conditional Use Permit will not adversely affect the
General Plan of the City or the adopted plan of any government agency.
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Resolution No. 2008-
Page 4
The proposed Project is a secondary use to the amphitheater, which is the principal use,
and is considered an Unclassified Use that is permitted upon approval of a Conditional
Use Permit in the Limited Industrial Zone. Thus, the Project implements the Limited
Industrial General Plan land use designation of the General Plan.
The approval of the Project will not adversely affect the Chula Vista General Plan
because:
The General Plan contains policy that seeks to "Support the existing entertainment uses
and expand their activities, to include compatible uses." The Project is a secondary use
that is typically associated with stadiums, arenas and entertainment venues with large
parking areas. In addition, the Project would expand the activities available at the Project
Site and help to financially support the Cricket Wireless Amphitheater operations, and
increase public awareness and familiarity with the Amphitheater and the City of Chula
Vista.
The General Plan also contains policy encouraging enhanced gateway design features,
such as enhanced landscaping and appropriate signage, for secondary gateways to the
City, such as Heritage Road south of the Project. The approval of the Project will not
adversely affect the gateways to the City, as described in the General Plan. With the
exception of a few homes overlooking the Project Site from the south, the project site is
completely screened from public views by the adjacent hillsides, existing landscaping,
riparian vegetation in the adjacent riverbed, 'and the Amphitheater structure. Therefore,
swap meet activities and temporary shade canopies will not be visible to the general
public. The Applicant will obtain approval of a signage program for temporary signage
that will ensure the signage is well designed, attractive, and will be removed each day
when the Project is closed. Thus, the Project will not have an adverse affect on a primary
or secondary gateway to the City.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it
considered the Addendum with EIR-95-03 and grants Conditional Use Permit (PCC-08-017)
subject to the following conditions, required to be satisfied by the Applicant to the satisfaction of
the Director of Planning and Building or his/her designee:
III. CONDITIONAL USE PERMIT CONDITIONS OF APPROVAL
Planning and Building
The following conditions shall be satisfied by the Applicant or Property Owner prior to issuance
of Fire or Building Permits, or commencement of the operation of the Project, whichever occurs
first, unless otherwise specified:
1. Pay all applicable fees, including any unpaid balances of Permit processmg fees for
deposit accounts DQ-1508.
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Resolution No. 2008-
Page 5
2. Provide a revised site plan showing the accessible path of travel from parking areas and
restroom facilities to the project in compliance with Title 24 (Part II) Handicapped
Accessibility Requirements of the 2007 California Building Code, for' review and
approval by Director of Planning and Building.
3. If electrical service is required, the Applicant or Owner shall submit building Permit
plans in compliance with 2007 CBC and 2007 CEC requirements for any improvements
requiring electrical service.
4. Prior to the startUp of the Project operations, the Applicant or Owner shall submit the
following to the Zoning Administrator and City Engineer in accordance with Municipal
Code: (a) detailed sign program, including directional signage as proposed in the traffic
study; and (b) any signage within the City's right of way for applicability of an
Encroachment Permit.
5. Develop and submit a "Recycling and Solid Waste Management Plan" to the City's
Conservation Coordinator for review and approval, and shall comply with the
requirements:
a. Trash containers shall be placed at all ends of aisles and exits with signs discouraging
littering.
b. The Applicant shall "twin" a recycling container next to every trash can throughout
the Project Site. The Applicant shall present an educational program to the
vendors/traders and sellers as well as all attendees regarding the recycling program.
Applicant shall submit a copy of that education program to the City.Conservation
Coordinator.
c. The Recycling and Solid Waste Management Plan shall identify total pounds recycled
and land filled at the end of each weekend event.
d. Applicant shall discourage the use of plastic shopping bags and promote thc use of
paper bags or reusable bags.
e. The Applicant shall submit a Litter Control Plan to the City Conservation
Coordinator. The Applicant shall manually collect litter no later than the designated
hours of closure for regular pickup services for the Cricket Wireless Amphitheater.
6. Prior to opening for operations, schedule a security survey with the Chula Vista Police
Department and implement the suggestions of the survey.
7. Comply with Chula Vista Fire Department Policy 2916 regarding fire access, water
supply and street addresses, prior to commencement of operations of the Project,
including but not limited to:
a. Maintain an emergency vehicle access/fire lane along the existing driveway between
the Cricket Wireless Amphitheater structure and the edge of the Project (Swap Meet
vendor area), and between Entertainment Circle North and South, to provide
emergency fire access to the amphitheater structure and vendor area. Applicant shall
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Resolution No. 2008-
Page 6
provide a third emergency vehicle access/fire lane will be provided on the west side
of the Swap Meet vendor area.
b. The Applicant, Owner or Yendors shall not place or allow to be placed, any vehicles,
portable toilets, trash or recycling receptacles, or other equipment, in such a way that
will obstruct emergency access, pedestrian paths, aisles between. vendors and
activities, vehicle lanes, or fire hydrants.
c. Ensure that any tent in excess of 200 square feet or temporary shade canopy in excess
of 400 square feet obtains approval of a Fire Permit from the Fire Department, and
that tents and shade canopies shall maintain a minimum separation of four (4) feet. .
d. Ensure that Emergency Yehicle Access is to remain unlocked during operational
hours.
8. This Conditional Use Permit shall become void and ineffective if not utilized within one
(I) year from the effective date thereof, in accordance with Section 19.14.260 of the
CYMC. Failure to comply with any conditions of approval shall cause this Permit to be
reviewed by the City for additional conditions or revocation.
Upon certification by the Director of Planning and Building for occupancy or upon
commencement of the use allowed by this Conditional Use Permit, the Applicant or Property
Owner shall comply with the following conditions of approval:
9. The Project Site shall be established, operated and maintained in accordance with the
approved Conditional Use Permit plans as amended pursuant to this Resolution of
Approval. The Project's Swap Meet vendor area and parking areas shall be limited to
those areas identified on the approved site plans.
10. The Project shall comply with all applicable Mitigation Measures identified in EIR-95-03
and in the Mitigation Monitoring and Reporting Program, as determined by the
Environmental Review Coordinator.
II. Any modification of the approved plans shall require the review by the Zoning
Administrator pursuant to CYMC Section. 19.14.030. If required by the Zoning
Administrator, approval of a modification to the Conditional Use Permit or its conditions
of approval shall be considered by the Planning Commission in accordance with CYMC
Section 19.14.070.
12. Comply with the provision of Title Sol' CYMC, including, but not limited to, Chapters
5.02,5.04,5.07,5.38 and 5.40.
13. Comply with the proposed hours of operation for the Project on Saturdays and Sundays
as follows:
Scheduled Amphitheatre Event Davs:
a. Setup from 7:00 a.m. to 8:00 a.m.
b. Open to Public 8:00 a.m. to 2:00 p.m.
c. Cleanup 2:00 p.m. to 3:30 p.m.
Unscheduled Amphitheater Event Days:
a. Setup from 7:00 a.m. to 8:00 a.m.
b. Open to public 8:00 a.m. to 3:00 p.m.
c. Cleanup 3:00 p.m. to 5:00 p.m.
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Resolution No. 2008-
Page 7
d. Vendors/employees vacate by 3:30 p.m. d. Vendors/employees vacate by 5:00 p.m.
14. Ensure that there will be no more than 400 vendors on anyone day of project operations.
15. Ensure that all temporary structures, tents, canopies, sales areas, equipment, merchandise,
trash and other activities associated with the swap meet shall be cleared from the site, by
3:30 p.m. on days of Amphitheatre concerts/events or 5:00 p.m. on days of non-
scheduled Amphitheatre concerts/events.
16. Ensure that all canopies erected in a vendor space must be properly constructed and
anchored by using a cement block for each comer pole, with thumbscrew completely
enabled. Applicant may require vendor to use additional cement blocks or dis-assemble
canopy due to windy conditions.
17. Ensure that all vendor spaces not Permitted for electrical use may not use an electrical
cord extension.
18. Ensure that sales of furniture, bedding or similar items within the swap meet vendor area
shall be subject to approval of the State of California Bureau of Home Furnishings.
19. Ensure that vendor's vehicles are removed from Swap Meet aisles by 9:00 a:m. each
business day; that the speed limit inside swap meet is 3 mph and is enforced at all times;
and that pedestrians have the right of way.
20. Ensure that excessive noise such as stereos, televisions, generators, shouting or amplified
voices does not occur. The project shall be operated in compliance with CVMC Chapter
19.66, Performance Standards, and 19.68, Performance Standards and Noise Control.
21. Ensure that only temporary removable tents or canopies, which will be disassembled and
removed from the Project Site at the end of each business day, are used by the vendors.
No permanent structures are authorized as part of the Conditional Use Permit.
22. The Project Site is not to be used by the general public for recycling drop off purposes.
The Applicant or owner shall collect trash and recyclable materials resulting from the
Swap Meet activities in accordance with the City Recycling And Solid Waste Report.
23. Ensure that the following merchandise is prohibited from sales, exchange, offer to sell or
exchange, or possession with the intent to sell, exchange, store or transfer:
Weapons, ammunition, bombs, counterfeit merchandise, fireworks, gunpowder, alcohol
or beer, crossbows, grenades, drugs or drug paraphernalia, guns, rifles, mace or mace-like
products, pepper spray, pornography, stun guns, tear gas, tobacco, or tobacco products,
stolen property, materials with potential for toxic emissions or excessive noise
generation, or any other dangerous or harmful products or materials not specified above.
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Resolution No. 2008-
Page 8
24. The Applicant or Owner shall ensure that the Project complies with the recommendations
of the LL&G Traffic and Parking Study for the Swap Meet dated September 3, 2008,
including, but not limited to:
a. Adequate on-site parking control personnel shall be provided by the
Applicant/Operator at the Project Site entry and at each parking lot to direct
customers to parking and prevent traffic from spilling back onto Heritage Road.
b. Traffic Directional Signage shall be installed and removed at the end of each business
day, per the approved LLG Traffic and Parking Study.
c. Obtain Zoning Administrator and applicable Sign Permit approval for any
modifications to approved temporary signage.
d. In lieu of marked parking stalls, on-site parking control personnel shall direct
customers and employees into their parking spaces.
e. Patrons shall park in Lot A or North Dirt Lot, entering from Entertainment Circle
North, and angled parking east to west (Disneyland style).
f. Vendors shall park in Lot B or the Main Pavement Lot, near the vendor booth area.
g. Employees shall park in Lot C or south dirt lot. Entrance through the Entertainment
Circle South.
h. On-site traffic control personnel shall maintain access to the adjacent Knott's Soak
City Water Park. .
1. A traffic monitoring program to the satisfaction of the City Engineer shall be
provided for the first three weeks of Swap Meetoperation.
J. Prepare and submit to the Director of Planning and Building and City Engineer, a
follow-up traffic control analysis including an all-way stop sign warrant analysis,
after six months of operations and then annually thereafter until expiration of this
permit. The Applicant shall fund and conduct the traffic control analysis. The traffic
control analysis is to determine the necessity for additional traffic control measures. If
necessary, additional traffic control measures shall be implemented to the satisfaction
of the City Engineer.
k. The City has right but nbt obligation to establish a traffic-monitoring program at any
time to determine if additional traffic control or on-site circulation measures need to
be taken.
Police Department:
25. After six (6) months of Project operations, and prior to extension or modification of this
Conditional Use Permit, the Applicant or Owner shall cause the preparation of a Calls for
Service monitoring program, including reports of crime, traffic accidents, and noise
complaints, to the satisfaction of the Chula Vista Police Chief and the Zoning
Administrator.
26. If the Calls for Service monitoring program for the project shows a significant increase in
criminal activity, as defined by the Chula Vista Police Chief and demonstrated by
criminal reports filed with the Police Department, the Applicant or Owner shall prepare a
crime reduction/security prevention report for the operation of the Project, to the
satisfaction of the Police Chief. The report shall address issues specified by the Police
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Resolution No. 2008-
Page 9
Chief, and shall include recommendations to enhance security and reduce crime. The
recommendations shall be implemented to the satisfaction of the Police Chief.
Engineering Department:
27. Comply with the applicable sections of the CVMC and Subdivision Manual related to
water quality, the Development Storm Water Manual, and the National Pollutant
Discharge Elimination System Permit Order No. R9-2007-0001, and 2008 update.
28. The Project Site shall be kept clear of trash and debris at all times to reduce the potential
for water pollution.
Finance Department:
29. The Applicant and individual Vendors shall each obtain Business Licenses to the
satisfaction of the Finance Dept priorto operation of the Project.
30. The individual Vendors shall obtain a Seller's Permit and Resale Number from the State
of California Board of Equalization prior to approval of the Business License.
31. Each Vendor shall display at each Vendor space both the Seller's Permit issued by the
State Board of Equalization and City of Chula Vista Business license with an address of
2050 Entertainment Circle, Chula Vista, California 91911.
General Conditions:
32. The conditions of approval for this Conditional Use Permit shall be applied to the Project
Site until such time as the use for which this Conditional Use Permit was granted is
discontinued, the use is no longer a Permitted use at the Project Site, or the term of the
Permit has expired.
~
33. The Applicant and Owner shall and do agree to indemnify, protect, defend and hold
harmless City, its City Council members, officers, employees and representatives, from
and against any and all liabilities, losses, damages, demands, claims and costs, including
court costs and attorney's fees (collectively, liabilities) incurred by the City arising,
directly or indirectly, from (a) City's approval and issuance of this Conditional Use
Permit; and (b) City's approval or issuance of any other Permit or action, whether
discretionary or non~discretionary, in connection with the use contemplated on the
Project Site. The Owner and Applicant acknowledge their agreement to this provision by
executing a copy of this Conditional Use Permit where indicated below. The Property
Owner's and Applicant's compliance with this provision shall be binding on any and all
of the Property Owner's and Applicant's successors and assigns.
34. The Applicant and Owner shall comply with all City ordinances, standards, and policies.
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
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Resolution No. 2008-
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by the Director of Planning and Building, shall be grounds for revocation or modification
of this Conditional Use Permit by the City ofChula Vista.
35. This Conditional Use Permit shall remain in effect for a period of five (5) years
commencing with the date of City Council approval of this Permit. Upon expiration of
this five-year period, this Permit shall become null and void unless the Applicant or
Owner have filed and obtained approval of a new Conditional Use Permit application
pursuant to CVMC Section 19.14.070. The Applicant or Owner of the Project shall pay
all fees associated with any Conditional Use Permit application.
36. The City retains the right to suspend the Applicant and Owner's use of the Project Site
(or a portion thereof) upon forty-five (45) days prior written notice to the Applicant
and/or Owner in the event the City desires to utilize the site for a public and/or non-profit
purpose that reasonably requires cessation of Applicant or Owner's use. The City's rights
under this provision shall be exercised in accordance with Section 11.2 of the City's
Sublease with Istar Blues LLC, and Live Nation. The City agrees that it shall not suspend
the Applicant or Owner's use hereunder greater than six (6) times per calendar year with
no two (2) suspensions occurring on consecutive weeks.
IV. GOVERNMENT CODE SECTION 66020 NOTICE
Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the
ninety (90) day period to protest the imposition of any impact fee, dedication, reservation, or
other exaction described in this resolution begins on the effective date of this resolution and any
such protest must be in a manner that complies with Section 66020(a) and failure to follow
timely this procedure will bar any subsequent legal action to attack, review, set aside, void or
annul imposition. The right to protest the fees, dedications, reservations, or other exactions does
not apply to planning, zoning, grading, or other similar application processing fees or service
fees in connection with this project; and it does not apply to any fees, dedication, reservations, or
other exactions which have been given notice similar to this, nor does it revive challenges to any.
fees for which the Statute of Limitations has previously expired.
V. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
By signing the lines provided below, the Property Owner and Applicant expressly affirm that
they have each read, understood, and agree to the conditions contained herein, and will
implement the same. Upon execution, this document shall be recorded with the County Recorder
of the County of San Diego, by the City Clerk of the City of Chula Vista, at the sole expense of
the Owner or Applicant, and a signed, stamped copy of the conformed recorded document shall
be submitted to the Planning and Building Department Secretary and the City Clerk within ten
(10) days of recordation.
Signature of Applicant
Date
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Signature of Property Owner
Date
VI. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so implemented and
maintained according to their terms, the City shall have the right to revoke or modify all
approvals herein granted, institute and prosecute litigation to compel compliance with said
conditions or seek damages for their violation. Failure to satisfy the conditions of this Permit
may also result in the imposition of civil or criminal penalties.
VII. 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.
Presented by
Approved as to form by'
Gary Halbert
Director of Planning & Building.
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City Attorney
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