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HomeMy WebLinkAboutReso 2008-299RESOLUTION NO. 2008-299 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 AMPHITHEATRE LOCATED AT 2050 ENTERTAINMENT CIRCLE I. 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. Thieny 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; and 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 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 Resolution No. 2008-299 Page 2 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; and 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- 017recommending 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; and 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 heazing, 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 heazing 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; and 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-08-017); and WHEREAS, the City Council of the City of Chula Vista after considering all evidence and testimony presented voted 3-0-2 to approve the Conditional Use Permit (PCC-08-017), based on the findings and in accordance with the conditions listed below. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it makes the following findings: IL 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 vaziety of new and used personal, household goods and services and 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 Resolution No. 2008-299 Page 3 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 welfaze 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 occurs six (6) days a yeaz, 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 specified 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 primazily outdoors during cvm weekends only. The proposed 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 CVMC. 4. That the granting of this Conditional Use Permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. The 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 Resolution No. 2008-299 Page 4 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 lazge pazking 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 awazeness 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 processing fees for deposit accounts DQ-1508. 2. Provide a revised site plan showing the accessible path of travel from pazking areas and restroom facilities to the project in compliance with Title 24 (Part II) Handicapped Resolution No. 2008-299 Page 5 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 following 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. The Applicant shall discourage the use of plastic shopping bags and promote the 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 provide a third emergency vehicle access/fire lane will be provided on the west side of the Swap Meet vendor area. Resolution No. 2008-299 Page 6 b. The Applicant, Owner or Vendors 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 Vehicle Access is to remain unlocked during operational hours. 8. This Conditional Use Permit shall become void and ineffective if not utilized within one (1) year from the effective date thereof, in accordance with Section 19.14.260 of the CVMC. 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 pazking 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. 11. Any modification of the approved plans shall require the review by the Zoning Administrator pursuant to CVMC 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 CVMC Section 19.14.070. 12. Comply with the provision of Title. 5 of CVMC, 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 Dam: Unscheduled Amphitheater Event Dam: a. Setup from 7:00 a.m. to 8:00 a.m. 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. b. Open to public 8:00 a.m. to 3:00 p.m. c. Cleanup 2:00 p.m. to 3:30 p.m. c. Cleanup 3:00 p.m. to 5:00 p.m. d. Vendors/employees vacate by 3:30 p.m. d. Vendors/employees vacate by 5:00 p.m. Resolution No. 2008-299 Page 7 14. Ensure that there will be no more than 400 vendors on any one day of project operations. I5. 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 corner 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 aze 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 Standazds 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. 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: Resolution No. 2008-299 Page 8 a. Adequate on-site parking control personnel shall be provided by the Applicant/Operator at the Project Site entry and at each pazking 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 pazk in Lot A or North Dirt Lot, entering from Entertainment Circle North, and angled parking east to west (Disneyland style). £ Vendors shall park in Lot B or the Main Pavement Lot, near the vendor booth azea. 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 Pazk. i. A traffic monitoring program to the satisfaction of the City Engineer shall be provided for the first three weeks of Swap Meet operation. j. Prepare and submit to the Director of Planning and Building and City Engineer, a follow-up traffic control analysis including anall-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 not obligation to establish atraffic-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 Chief, and shall include recommendations to enhance security and reduce crime. The recommendations shall be implemented to the satisfaction of the Police Chief. Resolution No. 2008-299 Page 9 Eneineerine 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 prior to 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-discretionazy, 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, standazds, and policies. Any violation of City ordinances, standazds, and policies or of any condition of approval of this Conditional Use Permit, or of any provision of the Municipal Code, as determined by the Director of Planning and Building, shall be grounds for revocation or modification of this Conditional Use Permit by the City of Chula Vista. Resolution No. 2008-299 Page 10 35. This Conditional Use Permit shall remain in effect for a period of five (5) yeazs 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) rimes per calendar yeaz 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 similaz 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 similaz 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 reco;dation. t ~~ ~ , ature of Property 0 TH i.~(d2y 6R•ty !q ~,0b~ Date 1 Zoo Date Resolution No. 2008-299 Page 11 VL 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 any one 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 Gazy albe Planning & uilding Director Resolution No. 2008-299 Page 12 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 16th day of December 2008 by the following vote: AYES: Councilmembers: McCann, Ramirez, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: Castaneda ABSTAIN: Councilmembers: Bensoussan Cheryl Co yor ATTEST: 0 Donna R. Norris, CMC, ity Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2008-299 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the-16th day of December 2008. Executed this 16th day of December 2008. Donna R. Norris, CMC, City Clerk