HomeMy WebLinkAboutReso 1976-8049f
RESOLUTION NO. $049
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTT_ DENYING APPEAL OF SHELL OIL COMPANY
FROP4 PLANNING COD'IMISSION DENIAL OF A CONDITIONAL
USE PERP~IIT, PCC-75-19 , TO CONSTRUCT AND OPERATE
A SELF SERVICE GASOLINE STATION LOCATED AT THE
SOUTHEAST CORNER OF BONITA ROAD AT BONITA GLEN DRIVE
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the City Council has heretofore, at their meet-
ing of January 27, 1976, held a public hearing to consider the
appeal of the She11 Oi1'Company from the Planning Commission: denial
of a conditional use permit, PCC 75-19 for the construction and
operation of a retail self service gasoline station, located at
the Southeast corner of Bonita Road at Bonita Glen Drive, and
WHEREAS, the City Council is required, pursuant to
Section 19.14.130 of the Chula Vista P'Iunicipal Code, to adopt
findings showing wherein the conditional use permit applied ',f or
meets or fails to meet the requirements of Section 19.14.080'
through Section 19.14.100, and
WHEREAS, based upon the testimony received at the 'hear-
ing, the staff report from the Director of Planning dated Decem-
ber 22, 1975, the exhibits attached to said staff report, ar~'d the
Resolution of the Planning Commission, rdo. PCC-75-19, the fallow-
ing findings were made, to-wit:
1. That the proposed use at the particular location
could not be found to be necessary or desirable to provide al
service or facility which would contribute to the general well-
being of the neighborhood or the community, in that the gasoline
needs of the surrounding neighborhood can be met by the existing
service station across Bonita Glen Drive from the subject property.
In addition, further needs of the public shall be served by a
site already approved for development.
2. That such use will, under the particular circumstances,
be detrimental to the health, safety and general welfare of ,persons
working or residing in the vicinity in that the site is poorly
suited to serve the needs of northbound traffic on I-805, as well
as being somewhat inconvenient to southbound traffic on I-8015.
Further, the proposed use could be detrimental to the apartment
structures adjacent to the site in terms of noise, glare, and
traffic congestion generated by a service station in this parti-
cular location.
3. That such use, under the circumstances of this case,
can be found to be detrimental to the health, safety and general
welfare of persons residing or working in the vicinity due to the
desirability of developing the area bounded by Bonita Road, Bonita
Glen Drive, I-805 and Vista Drive, as a comprehensive plan, which
would consider the interaction between the properties involuted
and place special emphasis on the development of a residential
village/mini-commercial development in this area.
NOW, THEREFORE, BE IT RESOLVED that, based upon the
City Council's failure to affirmatively find facts necessary.
to support the issuance of a conditional use permit, in accord-
ance with Chula Vista P~unicipal Code Sections 19.14.080 A anel B;
and based upon the findings set forth above, the testimony and
evidence considered, the appeal of Shell Oil Company from the
denial of a conditional use permit, PCC-75-19, to operate a
self service gasoline station located at the southeast corner
of Bonita Road and Bonita Glen Drive, is hereby denied.
Presented and Approved by
,~
George I,1-,%"Lind erg, ity Attor
r
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 3rd day of February , 1976 , by
the following vote, to-wi't:
AYES : Councilmen Hobel , Hami 1 ton, Hyde, Egddhl , Scott
NAYES: Councilmen None
ABSENT: Councilmen None
Mayor of t e City of Chu a Vista
ATTEST
(/J ~ City ~l~rk ' ~'
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
Chula
true
not b
I, , City Clerk of
Vista, California, DO HEREBY CERTIFY that the above
and correct copy of Resolution No. and that
een amended or repealed. DATED
thee. City of
is a full,
the same has
City Clerk