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HomeMy WebLinkAbout2012/11/20 Item 20ITY COUNCIL STATEMENT „,~;`~ cirv of CHULA VISTA Item No.: 20 Meeting Dateal/20/12 ITEM TITLE: PUBLIC HEARING: APPEAL BY LEWIS BREWER OF THE ZONING ADMINISTRATOR'S DECISION APPROVING CONDITIONAL USE PERMIT PCC 11- 073, THE UNOCAL GAS STATION AND MINI-MART BEER AND WINE ALCOHOLIC BEVERAGE CONTROL LICENSE. RESOLUTION OF THE CHULA VISTA CITY COUNCIL DENYING THE APPEAL OF LEWIS BREWER AND APPROVING THE CONDITIONAL USE PERMIT (PCC-11-073) TO PERMIT THE SALE OF BEER AND WINE AT THE UNOCAL GAS STATION AND MINI-MART LOCATED AT 1495 MELROSE AVENUE IN THE CITY OF CHULA VISTA SUBMITTED BY: ASSISTANT ~j{T(-Y MANAGER/DEVELOPMENT SERVICES DIRECTOR (~) tr G•~' REVIEWED BY: CITY MANAGER ST~. 7-S 4/STHS VOTE: YES NO X SUMMARY The applicant, Kamal Nona, has submitted a Conditional Use Permit application for the sale of beer and wine at the Unocal Gas Station and Mini-Mart (Project). The Neighborhood Commercial (CN) zoning for the site requires approval of a Conditional Use Permit to allow the applicant to sell beer and wine at the existing mini-mart, for off-site consumption only. On August 9, 2012, Zoning Administrator held a public hearing, and conditionally approved the Project on August 24, 2012. On September 11, 2012, Mr. Lewis Brewer filed this appeal of the Zoning Administrator's decision (Attachment 3). 20-1 Date, Item No.: ~'~ Meeting Dateal/20/12 Page 2 of 8 ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 Categorical Exemption pursuant to 15301 (Existing Facilities) of the State CEQA Guidelines. The proposed project consists of negligible or no expansion of an existing use. Thus, no further environmental review is required. RECOMMENDATION That the City Council Conduct a Public Hearing and Adopt the Resolution Denying the Appeal and Approving Conditional Use Permit PCC-11-073. BOARDS/COMMISSION RECOMMENDATION On August 9, 2012, the Zoning Administrator held a noticed public hearing to consider the Project. On August 24, 2012, after considering all reports, evidence and testimony, the Zoning Administrator approved the Project subject to the conditions noted in the Final Notice of Decision for PCC-11-073. DISCUSSION Project Description: The Project site is located at 1495 Melrose Avenue in southwestern Chula Vista, Ca (See Attachment 1, Locator Map). The Project Site is 0.33 acres in size and contains amini-mart building with an area of 1,842 square feet in size, a gas re-fueling station and nine parking spaces (See Attachment 2, Project Plans). The site has a General Plan designation of Commercial Retail and Zoning designation of Commercial-Neighborhood (CN). The CN zoning requires the Applicant to obtain approval of a Conditional Use Permit for aMini-Mart that proposes the sale of alcoholic beverages, pursuant to CVMC Section 19.58.430. The Applicant has applied for an Alcoholic Beverage Control (ABC) license with the State Of California Department of Alcoholic Beverage Control, and obtained approval Qf a Public Convenience and Necessity review by the Chief Of Police. Approval of the CUP is required prior to final approval of the ABC license by the State. Surrounding Area: To the west across Melrose Avenue is the Orange Villa Plaza shopping center, anchored by a Seafood City Market, and a Chevron Gas Station and Mini-Mart. To the north is an existing commercial center with several in-line retail shops, including a 7-11 Store and a Bobar liquor store. The area to the north and west are also zoned CN. To the east is asingle-family residential neighborhood, and the I-805 freeway. To the south is asingle-family residential neighborhood on the opposite side of Orange Avenue. The azeas to the south and east are zoned Single-Family Residential (R-1). 20-2 Date, Item No.: '.-C' Meeting Datea/20/12 Page 3 of 8 Background The existing Unocal mini-mart is currently operating without the sale of alcoholic beverages. Three nearby businesses, the Seafood City Market, the 7-11 Store, and Bobar Liquor Store, presently sell alcoholic beverages for off-site consumption. Seafood City sells beer and wine only. The Applicant also operates. two other markets that sell alcoholic beverages, one in Imperial Beach and one in San Diego. In 2008, the applicant applied for a Public Convenience and Necessity Review (PCN) review from the Chula Vista Police Department, as part of their formal ABC license application to the State of California. The PCN process was necessary due to an "undue concentration" of approved ABC licenses that exists within the census tract containing the Project site, as defined in the State of California Business and Professions Code 23958.4. The. State ABC may issue a license if the local government determines that public convenience or necessity would be served by the issuance of the license. The PCN review of the ABC license was subsequently denied by the Police Department and then appealed to the City Council, who also denied the PCN review. The Applicant never applied for a Conditional Use Permit application as part of that process. In February of 2012 the Applicant applied to the Police Department for a PCN review again. The Chief of Police recommends approval of the 2012 ABC license, based the finding that, as conditioned, approval of the ABC license would enhance the public convenience for the customers, and that there would be no significant adverse affects on public safety. Please refer to the attached memo from the Police Department listing their recommended conditions of approval, which have been incorporated into the CUP resolution (Attachment 5). On April 16, 2012, the Applicant completed the submittal of the Conditional Use Permit Application. Public Comments During the application review process, the surrounding property owners and residents living within 500 feet of the Project site were notified of the application submittal, and later were notified of the Zoning Administrator public hearing, as required by the Municipal Code. Staff received phone calls from six different concerned citizens, including nearby property owners, business owners, homeowners, and a representative of the Institute for Public Strategies, a local non-profit organization. Staff also received six letters of comment and one copy of a written, unsigned petition, expressing opposition to the project (Attachment 4). The concerns expressed included the following: (1) That the project is located in a safe residential area with a nearby elementary school, and approval of the Project could adversely affect their quality of life; (2) That the project would result in anover-concentration of retail stores with ABC licenses which sell similar products, and therefore would not be needed for public convenience and necessity; (3) That approval of the project could set a precedent for approval of additional Projects proposing sales of alcoholic beverages; (4) That the Applicant's business contains excessive signage as compared to adjacent businesses, that is unsightly and which may give the Applicant an unfair competitive advantage; and (5) That the Applicant's business contains graffiti that has not been removed. 20-3 Date, Item No.: °y~ Meeting Dateal/20/12 Page 4 of 8 In response, Staff inspected the site and noted that the project appears to have wall signage on the front elevation and on both side elevations that exceeds the minimum code requirement for a business in the CN zone. Also, staff observed aroof-mounted sign and several ground-mounted portable signs, which are not permitted by the Sign Ordinance. The approved CUP includes a condition of approval that requires the Applicant to remove any illegal roof and ground-mounted portable signage, and modify the wall signage. to comply with the sign ordinance, and obtain approval of sign permits for any signage that does not have permits. Staff also observed graffiti on the back of a sign, facing the adjacent commercial property to the north. Responsibility for removal of graffiti on private property lies with the property owner. Also, one of the conditions of approval included in the approved CUP requires that the Applicant remove graffiti with in 48 hours, so this graffiti will have to be removed in order to comply with this condition Zoning Administrator Hearing: At the Zoning Administrator hearing held on August 9, 2012, 42 persons attended the meeting, not including City staff. According to the sign-in sheet, approximately 23 persons were opposed, 15 in support, and 3 were neutral or their position unknown. Letters and a petition were submitted to the Zoning Administrator in support of the Project that included approximately 653 names, of which approximately 604 were Chula Vista residents. A second petition was submitted in opposition to the Project that included the names of approximately 396 Chula Vista residents. After consideration of all reports, evidence and testimony, the Zoning Administrator conditionally approved the Project on August 24, 2012, within 10 business days of the public hearing, as required by the Municipal Code. ANALYSIS On September 11, 2012, Mr. Lewis Brewer filed an appeal of the Zoning Administrator's Decision to conditionally approve the Project, stating the following: "There are too many liquor and beer/wine licenses in a very condensed commercial area. If condition changes, how many more future applicants can be allowed? And is there any way to put squeezed-out paste back'in the tube? Staff Response: Mr. Brewer refers to the commercial area including the Orange Villa Plaza shopping center, anchored by the Seafood City Market, and the existing commercial center north of the site that includes the 7-11 and Bobar Liquor stores, all of which are currently licensed to sell alcoholic beverages. The appeal is valid on the basis that it makes a reasonable argument that the Zoning Administrator's findings approving the Project may have been in error, and identifies some facts or circumstances on which the claim of error is based, as required by the Municipal Code. These include the number of facilities selling alcoholic beverages that should be pernitted in a very condensed commercial area, and the impact of this project on future applicants for Conditional 20-4 Date, Item No.: `=-~~ Meeting Datea/20/12 Page 5 of 8 Use Permit and ABC licenses. The appeal was filed within 10 business days of the Zoning Administrator`s Decision, as required by the Municipal Code (see Attachment 3). During the processing of the project, Staff reviewed CVMC Sections 19.14.080 and 19.58.430, the application and supporting documents, and performed a site visit. Staff found that the proposed sale of beer and wine at the Project site meets the requirements of Section 19.14.080 and required findings, which are required. to be made prior to the approval of the Conditional Use Permit. These findings are presented in the attached City Council resolution denying the appeal and approving the project. The following is a summary of the Zoning Adminstrator's findings approving the CUP, per CVMC Sections 19.14.080: • The proposed use at this location is necessary or desirable and will contribute to the general well being of the neighborhood or the community because it is consistent with other commercial uses in the surrounding area. Approval of this Project would contribute to the general well-being of the neighborhood by encouraging competition in retail sales, and would benefit the Applicant's customers by providing more convenient availability and a wider selection of beer and wine. • .Approval of the Project will not be detrimental to the health, safety or general welfare of persons residing or working iri the vicinity or injurious to property or improvements in the vicinity because the Applicant must obtain an Alcoholic Beverage Control license from the State Of California ABC Department, that limits the sale of alcohol to beer and wine only, in compliance with all applicable state and local regulations, including conditions imposed by the Police Department. These conditions ensure that public convenience and necessity will be served, and the sale and consumption of alcoholic beverages should not adversely affect the neighborhood. Other conditions of approval are included in the CUP that will ensure that upgrades to the signage, landscaping and other site improvements will be completed that will enhance the appearance of the site. • The Applicant must show that the proposed use will comply with the regulations and conditions specified in the code for such use by fulfilling the conditions of approval and complying with all applicable regulations and standards specified in the Municipal Code for such use. These conditions will be enforced through inspections prior to occupancy of the use and subsequent operation'of the business. • 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, because the site is designated Commercial Retail, which permits commercial land uses. A Gas Station with aMini- Mart selling alcoholic beverages limited to beer and wine is considered consistent with the Commercial Retail General Plan Land Use designation, upon approval of a Conditional Use Permit. CVMC Section 19.58.430, "Liquor Stores in the CN Zone": 20-5 Date, Item No.: 24 Meeting Dateal/20/12 Page 6 of 8 Staffs review determined that the proposed use, a Gas Station and Mini Mart selling alcoholic beverages, is a Conditional Use that is addressed in the CN Zone, Section 19.34.030. F, and therefore requires approval of a Conditional Use Permit. Although the Project is not a classified as a Liquor Store, this section requires the project be reviewed in accordance with CVMC Section 19.58.430, "Liquor Stores in the CN Zone". In addition to the above findings, Section 19.58.430 states that a CUP shall not be granted unless the issuing authority finds, in his or her sole discretion, based on substantial evidence in view of the entire record, that the facts required by CVMC 19.14.080 (above) exist, and that the CUP will not result in anover-concentration of such facilities. Over-concentration may be found to exist based on (A) The number and location of existing facilities; (B) Compliance with State Alcoholic Beverage Control Over-concentration standazds in effect at the time of project consideration; (C) The impact of the proposed facility on crime; (D) The impact of the proposed facility on traffic volume and flow. Staff reviewed the Project and the above findings required to approve the sale of alcoholic beverages, and determined that the project is in compliance with these findings. Regarding Finding A, Staff reviewed the surrounding retail commercial land uses and determined that the site is located adjacent to or across the street from three other retail businesses which have off-site ABC licenses, located within 500 ft. of the Project site. However, with the exception of this commercial node, this area of the City is lazgely residential and does not have an extensive amount of land developed with retail commercial uses. The next closest neighborhood retail center is'/4 of a mile to the west at Hilltop and Orange Avenue, and the next closest major commercial district is Third Avenue, which is approximately 1.5 miles to west. To the east, across I-805, the nearest retail commercial center is approximately 0.65 miles away at the intersection of Brandywine Street and Sequoia Street. In this area of the City, there is a limited number of retail establishments serving a very large residential area. The residential area consists of mostly single-family development, with a few multi-family buildings along Orange Avenue, and is generally auto-oriented in design. Regarding findings B and C, according to the Chief of Police, the maximum permitted number of ABC licenses for this census tract is 3.8. The Applicant is proposing the fourth ABC license, and therefore was required to apply for a PCN review because approving the ABC license would result in of the undue concentration of approved ABC licenses within the census tract containing the Project site. For off-sale retail ABC licenses, "undue concentration" as defined by ABC, means that the Applicant's premises is located in an area where the ratio of off-sale retail licenses to population in the census tract or census division in which the Applicant premises are located exceeds the ratio of off-sale retail licenses to population in the county in which the applicant premises are located. The Chief of Police determined that the Project will provide enhanced convenience for the Applicant's customers by allowing the sales of beer and wine for off-site consumption, and therefore the public convenience and necessity would be served. During processing of this project, the Police Department reviewed the previous 2008 PCN request, and reviewed the Chief of Police Emerson's 2008 presentation to the City Council, in response to concerns from members of the public that the Chief had determined that the neighborhood was a high crime area. This concern was also repeated in Mr. Brewer's appeal forma The Police Department found evidence that showed that the Chief of Police stated that the 20-6 Date, Item No.: °:rC Meeting Dateal/20/12 Page 7 of 8 Project site was not in a high crime area. The Police Department concluded that members of the public must have mis-interpreted the Chief's PowerPoint graphics, which were intended to define what constitutes ahigh-crime area. The Project site is not presently located in a high-crime area. The crime rate for the reporting district is 61.9%, where a 120% crime rate would be required to constitute a high crime azea. Conditions of approval have been included in the City Council resolution intended to enhance crime prevention and minimize the adverse affects on the community from the sale of alcoholic beverages. Thus, approval of the Project would not have a significant impact on crime. The Chief of Police recommends approval of the Project, subject to their conditions of approval (Attachment 4, Memo from the Chula Vista Police Department). Thus, the project complies with the guidelines for approving a new ABC license in an area where an undue concentration of approved ABC licenses exist. Mr. Brewer's appeal form also meritions that the applicant is not operating in compliance with the Chief of Police's conditions of approval. These conditions are not applicable at this time because the Zoning Administrator's approval of the project has been appealed to the City Council, which stays the approval of the Project, including conditions of approval, until the appeal is heard. Regarding Finding D, No change to the existing vehicle access and driveways is proposed. Staff has discussed this issue with our Traffic Engineering section and has determined that the intersection of Orange Avenue and Melrose Avenue has not experienced an unusual amount of traffic accidents as compared to other intersections with similar traffic capacity. Also, the addition of alcoholic beverage sales to an existing retail business does not increase average daily vehicle trips, and therefore does not result in a significant impact on traffic volume and flow. Conclusion Staff s review and analysis found that the proposed project, as conditioned, would be consistent with the development standards of the Chula Vista Municipal Code and CN Zoning. The project will contribute to improving the convenience and availability of retail services to the neighborhood. The Chief of Police has found that public convenience or necessity will be served by granting of the proposed ABC license, as conditioned. Therefore, staff recommends denial of the appeal and approval of the proposed project, subject to the conditions contained in the attached Resolution Denying the Appeal and Approving Conditional Use Permit PCC-11-073. However, should the City Council decide to grant the appeal and deny the Project, the Council would have to find that all of the facts required by CVMC 19.140.080 to approve a CUP do not exist, and that an over-concentration of facilities selling alcoholic beverages would exist, as defined above in Criteria A through D of CVMC Section 19.58.430 (Liquor Stores in the CN Zone). The City Council must then adopt a separate resolution granting the Appeal and denying Conditional Use Permit PCC-11-073. DECISION-MAKER CONFLICTS 20-7 Date, Item No.: `r'"' Meeting Date:Ll/20/12 Page 8 of 8 No Property within 500 feet: Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject to this action. Staff is not independently aware, nor has staff been informed by any City Council member, of any other fact that may constitute a basis for adecision-maker conflict of interest in this matter. CURRENT YEAR FISCAL IMPACT There are no fiscal impacts during the current fiscal year from the processing of the project. All costs for the project processing including the appeal are covered by the deposit accounts paid for by the applicant. The Appellant paid the required filing fee for the appeal. Costs associated with the processing of future implementing permits, including Sign Permit applications, will also be covered by permit fees or deposit accounts. ONGOING FISCAL IMPACT The Project is privately owned and operated and will not create future expenditures for the City associated with approval of the item, including facility maintenance and operations. Approval of the Project would generate a minor increase in sales tax revenue for the City from sale of beer and wine. ATTACHMENTS 1. Locator Map 2. Project Plans 3. Appeal Form 4. Public Comment Letters and Petition Sample 5. Chula Vista Police Department Memorandum Prepared by: Richard Zumwalt, AICP, Associate Planner, Development Services Department 20-8 ~~ ®~~ ~~ 0 ~~~ ~~ ~~ ~~~~~~ PROTECT LOCATION E ~RPNG~r ~G a z 0 V Q Z 8 B 1 1 1 1 I 1 1 1 1 1 6 1 1 1 1 1 1 1 1~ 1~ 1~ 1~ Im m ID 1~ i 1 1 1 1 1 i 1 1 1 1 t 1 1 1 1 i 1 1 1 1 1 i i 1 1 1 o~~MP~ CHULA VISTA PLANNING AND BUILDING DEPARTMENT '_OCATOR PROJECT APPLICANT Kamal Nona -Union 76 Station PROJECT DESCRIPTION: MISCELLANEOUS O PROJECT ADDRESS' 1495 Melrose Ave Project Summary: Union 76 Station is pr oposing a beer a wine license. NORTH SCALE: No Scale FILE NUMBER: PCC-11-073 Related cases: None ~.'4"r~(~{.~~G~-r I L:1Gabe Filesl4rcmap Locator TemplalelLOCatorslPCC11073.ai.04.20.12 LoLb'r'82 wPU P ,: ~ ~ ~~~ ® •® o © O ® ~ ~~ ~ . ~- . ` o ~. L ,~~~ '~ ~~ q~i pJE. aFcPNCoE ~.: ~_ ~. 1, Z~ O ~. uN v~lIO~V T6 ,G ~V~ ~~ ~TIO ~5 S`I ~. / . ~~ N . ~.o9~C"CrvA7A SCO~'E o~ zVo~ _.~... ~ ~. 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L rpm nv:rRr ure .n~ ~ n ww ocslSx~~A.,w S7fEET I9V~',X „~ o~ ~' ~F~ PLPoa Pu~ ~., A-j (U Ia11LMR RIJI (50161' A' RJ LEIbLITON PLAX tSd16 1f11 M5 FltGPMEp PAib GovER A-5 IfJ 1 (P) P0.RmATION a F M MW' ~A 1U P.OCF FFN11N3 PV•N B-N eEIExN.IbiPS g TITLE SHEET Q SITE PLAN N O I J ~; i, I ,.,n ~~ _ ~ I ~' i, ,j~ ~, ; , a FLOOR PLAN sine i n ~. i - o \~ ~w~ CrIY OF CHUlA VISTA DEVELOPMENT SERVICES DEPARTMENT APPEAL APPLICATION FORM Appeal the decision of the: ~ Zoning Administrator ^ Design Review Board ^ Planning Commission ^ Chula Vista Redevelopment Corporation Application information Name of Appellant:~E~JlS ~_3~~wF~ Home Address: i Business Address:lua6CaL "TG;',1~\~K ~1~t Project Address: ; Project Description: aNM .- p.n,orDun-~ (Example: varianch; conditio fr _ ~i y l I Phone No. ( ) _ _ ~ , nth Y~uSi.7ch~lc l)i<19 rCa glgll Coad YoKwl T ihF S++~fE. DF ~+ti_uA~vt I use permit, design reviev,~, etc..) _ _ _. Please use the space below to provide a response to the decrslon you are appealing Attach additional sheets,, if necessary, Grounds for an appeal must be based on at least one of the following: (1) Factual Error The statements or evidence relied upon by the decision maker when approving, conditionally approving, or denying a permit, map, or other matter was inaccurate; (2) New Information. New information is available to the applicant or the interested person that was not available through that person's reasonable efforts or due diligence at the time of the decision; or (3) Findings Not Supported. The decision maker's stated findinys to approve, conditionally approve, or deny the ,permit, map or other matter are not supported by the information provided to the decision maker. Ir, orderfor an appeal to be valid, detailed responses must be included which cite at least one of the above Preasons for the appeal along with substantiation of the facts and circumstances on which the claim of the aappeal is based. If an appeal is filed within the time limit specified, and determined to be valid, it automatically atays proceedings in the matter until a determination is made by the City Council, JPw~~ v~1 Signature of Appellant ~-11,2 Date DO NOT WRITE IN THIS SPACE The above matter has been scheduled for public hearing before the: ^ Cify Council on / Development Services Department 276 Fourth Avenue City Clerk Chula Vista ~ California I 91910 20-12 f619) 691-5101 ~tt-'~Gl~l iwYN~ F~2o~ \l~(/l cm o cHUwvlsT,a DEVELOPMENT SERVICES DEPARTMENT Appeal Form Directions: Pursuant fo the Chula Vista Zoning Ordinance Chapter 19.14, an interested party may appeal the decision of (the Zoriing Administrator, Design Review Board, Chula Visfa Redevelopment Corporation, or Planning (Commission to the City Council. The appellant must be an interested party. An interested party means a ,person who was present at a public hearing from which an appeal arose and who had fled a speaker slip with tfie decision maker at that public hearing; or a person who expressed an interest in the project in writing to that decision maker before the close of the public hearing or a decision on an action from which an appeal may be ' filed. The appellant must file a complete appeal application form within the specified appeal period (10 business days after the decision has been made), complete the Disclosure Statement, and pay the required fee. The appeal will then be scheduled for a hearing 6y the City Councl within 30 days: _ 275 Fcwth even ue I C`uia Vista ~ California 91910 j (519)691-5107 20-13 ~~ ~ u ~ ~ , a~L~,Q,.'oa wl a.~,,r ~'~~ ~ c,r-! ~-~ ~~ ~-~'•,, c~ ~ w~ ~, ~ , ~ ~ P a c h~:.e.~- C.-f~~ti~) ~tC~ ~GVIPi1iSCl'1 ~17VJ~ G. t~p OL~ BRM~/I''~ ;d~n~~e.~l- 1~a~r~~ ~-}'~,, ~S La e ~~° ~ b,,,,,~-~1 ~ ~- ~, ~'~ ~~. use ~~, ~ G~-e~ ~~'' P) , ~~>k,.~ pee>~aA~ (~mve~,~~wc~ ~ ~ 1 e. c ~ ~ , S ~ G>7-e , C1 ~ e/~w wo ~ ~ , 1 - ,{- `~- ~ -~ ~ h 1,N S~ t ~'e ~1. ~~ ~ L7 1 h ~^~ O ~~ ~uv v~L ~~°`~f ~ W t ~f~ 1~ ~ L^ a ter s 1M-`~'e I Gµ-~ ~~ OT~2t~s r _ n~~ ~~ I ~'p C^~ Pi11 Ply. , S ~~ ,~-'~16YI ~ ~,Glkn ~ ll~ ~ C~/~ ~~ d~-t"'~1 V.~I ~ /J ~,h^ U{ ~ ~ ~ ""1 ~L~-2 J2,21~ ` '~ ~ ~"e ~ Ke't~ al x~ ~ ~1.e ~~ ~01/.f VVY' ~---~ ~ ~VW ~ ~~ . ,n, a~~ ~z~'~ ~W t ~ e -~~ c-Pu ~,e i ~, ~ V~ 1 dti Pry e Gi^ e ~ p ~,~ Ca "off i` ~j1~0~'~ C l1a u~qZ~--, ~ o vJ ~~ ~e ~t s ~ Gd~'Ni F>n~t c ~ ~ G~!t e-'~. ~0 ,nl PCB 2 ~ t S S~t~~~e~ of ~e~e met ~ hSa ~ titi~ ~~ 20-14 ~l~v~- wYw~~: ~- As residents in this neighborhood of E. Orange Ave. and Melrose Ave., we take pride in a safe, friendly community-oriented neighborhood, where I-805 ramp is only 200 ft away and Rohrs Elementary School is only two blocks away. We believe our neighborhood already has had enough businesses selling alcohol. Therefore, any more business selling alcohol is not a "convenience necessity", but potentially damage to our quality of life, safety and welfare to our community. According to California Department of Alcoholic Beverage Control, census tract where Unocal 76 (1495 Melrose Ave., Chula Vista, CA 91911) is located, indicates maximum of three alcohol licenses are allowable, where 7-Eleven store (only 50 ft. away), Bobar Liquor Store (only 200 ft.) and Seafood City Supermarket (about 500 ft. across Melrose Ave.) already selling beer, wine and distilled spirits in the immediate area. Unocal 76 does not provide a unique type of goods or services. Thus, the "off sale beer and wine license" is not needed for public convenience and necessity. Plus, there are other issues exist: 1. Unocal 76 tried applying the same kind of "off sale beer and wine license" in 2008. CVPD's former Chief, Rich Emerson testified at City Council meeting that this is a "high crime area" showing with maps and photos. However, this time, after CVPD public hearing in March, none of the attendees have been informed of any result. Then, our present Chief Berajano seem to have a different opinion like former Chief Emerson. We would like Chief Berajano and Detective Deaner preside to testify at the City CUP (Conditional Use Permit) hearing on Aug. ~ 9th, 2012. f- 2. Unocal 76 store does carry some paraphenelia items for T o personal use. On the back of their "air pump" sign, there is o_ ~'~+ ; graffiti existing for months, which the owner and manager ~, W neglect to take care. Some days, there is panhandler asking for ~ ~ z money onthen-property. There are not positive action for our ~ ~ ~ community. -~~ ° 3. Our point of view from this neighborhood: Chevron station 0 o across the street (also called "Extra Mile" store) (formerly had Exxon gas and before Exxon, it was Amoco (?)), applied the 20-15 /k 11 A~I~I Yvt Ec-t~ 1 y' same beer and wine permit and car wash permit in early 1990's. The residents had the same feeling of the number of alcoholic beverage allowable then. And Amoco's application was denied at City Planning Commission. Exxon people did say openly and publicly at CVPD in 2008 when Unocal tried to apply beer and wine permit, that if Unocal 76 was granted the permit then Exxon would also like to file for the same conditional use permit again (which was denied in early 1990's). Therefore, if Unocal 76 is granted beer and wine license at this Aug. 9`h hearing, it is very possible Chevron and some other business likely to follow the action. We would like to ask the City Planning Board what kind of plan you have to put already squeezed-out toothpaste back into tube? We sincerely urge City Planning Board when considering the possibility of allowing CUP to any gas station with alcohol sale. Please do not send out a wrong message that our city don't care or worry about "mixing drinking and driving". Name: Adress: Signature: Chula Vista, CA 9 Phone (optional): a-mail (optional): 20-16 City of Chula Vista Zoning Administrator: Case # PPC-11-073 To whom it may concern: DEVELOPMENT SERVICES DEPARTMENT At the intersection of Melrose Ave and Orange Ave, there are two shopping centers and two gas stations. In the shopping center to the west side of Melrose Ave there is a Seafood City supermarket which has an alcoholic beverage license and a Chevron gas station which does not. To the east of Melrose Ave there is a small strip shopping center which has a Bobar Liquor # 4 and a 7-Eleven; the distance between the two is approximately 70 feet. Next to the 7-Eleven is the UNOCAL gas station which is applying for an alcoholic beverage license. In total, there are three alcoholic beverage licenses which is the maximum permitted in this area according to the Department of Alcoholic Beverage Control. An exception can only be made to add another license if a business is coming to the area which has a "Public convenience and necessity;" for example a drug store or any kind of business which the area is in need of and does not currently have. On February 2"d 2012 I was present at a public hearing held at the Chula Vista Police Department in the presence of Detective Jason Deaner of the "Special Investigation Unit." Detective Jason stated that there is an over-concentration of licenses in the census tract. He continued saying that there are already three licenses in the area which only three licenses are allowed in it. The only argument the owner of UNOCAL and his consultant were able to make was that the public needs to be able to fill up there gas tank and buy beer in one stop. That being said, I wonder if the people that prefer to fill up their tank in the Chevron gas station across the street would want be able to do that too. Furthermore, does this mean that all the gas stations in Chula Vista City will be able to get an alcoholic beverage license for the purpose of public convenience even if there are restrictions for issuing new licenses such as: over concentration of licenses, a high crime area, or being close to schools cr churches? I called Detective Jason Deaner after about three weeks and asked him about the decision in this hearing, and he told me that the UONCAL was denied an alcoholic beverage license. The UNOCAL gas station and the gas station across the street applied to get an alcoholic beverage license many times in the last twenty years and they were denied each time. The last time the UNOCAL gas station applied for an alcoholic beverage license was in the year 2008, and Detective Mike Varga of the "Special Investigation Unit" held a public hearing on Wednesday, May 14th, 2008 at gam where they were denied getting the license. They appealed the case to the City Council, and Detective Mike Varga sent letters to the public in the area asking them to go to the city council public hearing and protest. The city council made the decision to deny the issuing of the license. 20-17 UNOCAL gas station used to have a car repair garage and smog check system which was of great benefit to the public in the area because there is no other business doing the same service, but the current owner, having experience in liquor store businesses and owning liquor stores, closed the garage to expand the store and build a cooler to be ready for liquor store products and applied for an alcoholic beverage license. Granting the UNOCAL gas station alcoholic beverage license will have many disadvantages for the public in the area, some including: The UNOCAL gas station is located at the corner of Orange Ave and Melrose Ave; going in and out is very difficult and requires a lot of attention from the driver. Adding an alcoholic beverage license to that will make it more dangerous and congested. This will make it much more dangerous because a lot of pedestrians cross this intersection every day. There is a local school close to the intersection and the students cross this intersection during school days; this will put their lives in great danger. The gas station has a smoke shop business in it and sells different kinds of pipes, hookah and other smoking devices as well as adult magazines. Adding alcoholic beverages to that would make a bad combination for the neighborhood. These are just some of the reason that the UNOCAL gas station should not be granted an alcoholic beverage license. ~S ' a C~- 12.. ~f~~i ~r- Michael Stepha~ Chula Vista, CA 91911 20-18 Noble A. Gay San Diego, California 92131 August 1, 2012 Mr. Richard Zumwalt Project Planner Development Services Department City of Chula Vista 276 Fourth Avenue, Building 300 Chula Vista, California 91910 Subject: Case number: PCC-11-073 Site Address: 1495 Melrose Avenue Dear Mr. Zumwalt: ~ C~~~O~~ ~~~~~ -~ ~~,z D DEVELOPMENT SERVICES ~EPARTMEN7 There are ample nearby and convenient locations nearby to purchase beer and wine (at least three within 500 feet of the site). The proposed use is not needed at the particular location. The proposed use will not contribute to the well-being of the neighborhood. A previous request for a Conditional Use permit to sell beer and wine at the same site was denied for reasohsthat included: (1) saturation of the area with licenses to sell beer and wine, and (2) the crime rate in the area. For those reasons and others, the proposed use could be detrimental to the health, safety, or general welfare of persons living or working in the area. The subject property has been in violation of the sign ordinance of the City of Chula Vista for several years. The signs are unsightly, illegal and unfair to other nearby businesses. The signs may constitute a distraction to drivers. passing by the site. The applicant's failure to comply with the sign ordinance is an indication that he will fail to comply with the terms and conditions of a Conditional Use Permit. Granting the Conditional Use Permit may encourage other gas stations'in the vicinity to apply for additional similar Conditional Use Permits, claiming that they need such a permit to be able to compete. This could lead to a proliferation oP beer and wine retailers in the area. The application for a Conditional Use Permit should be denied. If you desire any additional information from me, please let me know Thank you. Best regards, ~~~ ~: Noble A. G;a 20-19 City of Chula Vista Zoning Administrator Case # PCC-11-073 To Whom It May Concern: 1 am against giving the UNOCAL gas station an alcohol license. I do not see the benefit of having yet another store selling beer so close to the ones selling beer already. It does not make anything more convenient. 1 recall the Unocal gas station use to have a mechanic shop that I believe really benefited the area, especially since now the nearest mechanic is a few miles as+.~=_y. I am afraid that giving the Unocal gas station an alcohol license might increase the crime in the area because it will make alcohol more widely available. I do not think the Unocal gas station should be granted an alcohol license because having a fourth license in the area does not help anyone and may serve to increase crime in the area. JESUS MENDEZ CHULA VISTA, CA 91911 ~~c - s X0,2 D DEVELOPMENT SERVICES DEPARTMENT 20-20 City Of Chula Vista Zoning Administrator Case # pcc-11-073 I am against giving the UNOCAL gas station an alcohol license. I do not see the benefit of having yet another store selling beer so close to the ones selling beer already. It does not make anything more convenient. I recall the Unocal gas station use to have a mechanic shop that I believe really benefited the area, especially since now the nearest mechanic is a few miles away. I am afraid that giving the Unocal gas station an alcohol license might increase the crime in the area because it will make alcohol more widely available. I do not think the Unocal gas station should be granted an alcohol license because having a third license in the area does not help anyone~~ngJ may serve to increase crime in the area. ~~~~~n~~ ELL CHULA VISTA, CA 91911 ~ CC~C~OMI~ ALG - 8 2~J12 D DEVELOPMENT SERVICES DEPARTMENT 20-21 Zoning Administrator, City of Chula Vista, CA 08-05-12 Granting UNOCAL an alcoholic beverage license will have a negative effect on the area directly surrounding the gas station. The intersection of Melrose Avenue and East Orange Avenue is already a busy and dangerous intersection. Adding any more in-and-out traffic will increase the possibility of both vehicle-vehicle collision and vehicle-pedestrian collisions. Vehicle-pedestrian accidents are of particular concern because of the students from the nearby schools that flood the intersection when school is out. These students may also have an easier time soliciting alcohcl undetected due to the high volume of people going in-and-out of the gas station. Overall I believe the potential dangers that an alcoholic beverage license at the UNOCAL gas station would bring are far too great to ignore, and the request should therefore be denied. Gregory Hicks Chula Vista, CA 91911 ALG - 8 2~Jf2 D DEVELOPMENT SERVICES DEPARTMENT 20-22 August 5, 2012 Concerned Citizen, Regarding conversations with fellow concerned citizens in the community, it was brought to my attention about an application of a Conditional Use Permit (C.U.P.) .This application case number, PCC-11-073, Unocal Beer and Wine License, located at 1495 Melrose Ave., Chula Vista, Ca. I feel that this is a bad idea and see no benefit in this community for this. There are three establishments now within a one block radius, selling alcoholic beverages. There are two located in the same strip mall and one west of the strip mall on Melrose Ave. Melrose -Orange Unocal 76 tNC. is located on the very busy north east corner. With the addition of a Beer and Wine License and already selling gasoline this would add more traffic entering and exiting this establishment. I believe this would create an added safety issue for walking pedestrians, particularly school children going home after school lets out. Melrose Avenue is one of several school children's main pedestrian thoroughfares. Once again, I urge for deep consideration in this matter. I also see no need for another Beer and wine License in this community! Thank you for yourtime in this matter. Concerned Citizen Lewis Brewer. ~ C~~~a~~ AUG - 7 2012 D ^EVELOPMENT SERVICES DEPARTMENT 20-23 I am supportive of MEt~OSE ORANGE UNOCA176's e#Trnis to obtain an ABC Type - 20 BEER ~ VWNE License, located at 1495 Melrose Street, Chula Vista, CalRorrda 41911: Sr} ~ o L4i P u t~v 20-24 Statement of Support As residents, community members and business owners in Chula Vista, we take pride in a safe, friendly, community-oriented neighborhood and we believe the overconcen[ration of stores selling alcohol,jeopardizes the health, safety and welfare of our citizens, our youth and our community at large. Because recent research shows increased incidents of violence with each new License albwed in a community, we, the undersigned, are asking for your support in our efforts to protect our children and families and to preserve our quality of Life in Chula Vista. Specifically, we request your serious consideration to deny the request for a liquor license for off-sale beer and wine at 1495 Melrose Avenue, Chula Vista. This additional alcohol outlet is not compatible with neighborhood character. The store is located near the followin; youth sensitive areas :(Rohr's Elementary School). Please note, according to the California Department of Alcoholic Beverage Control, Census tract 0133.6, where the license would be located, indicates only (3) alcohol licenses are allowable, whereas this tract already has 3 existing total licenses. Al! three businesses selling wine, beet and distilled spirits are in the immediate area, (7- Eleven store is next to Unocal. gas station, Bobar Liquor is 75 ft from 7-Eleveu and Seafood City Supermarket is in the Shopping Center across the street. Other nearby businesses already self similar goods and services. This business does not provide a unique type of goods or services. Therefore this liquor license application is not necessary. ' / /, // / NAME: STATE /.'" ZIP CODE `7~~w _ ADDRESS CITY Yl u{ ~ ~~S 1- ti STATE ti ZIP SIGNATURE PLEASE RETURN ALL SIGNATURE FORMS TO: Ciri of Chula Vista. Zonine Administrator Case ~ PCC-11-073 This information will be used for purposes of these efforts. Q F i-l r'[ ~I.J - S« /`~~t.e- Pu trF~ 20-25 NAME: Irv-F,57~ ~Q~ ~~ CITY Li"~~ STATE~_ZIPCODE ~~~~~ Development Services Department City Of Chula Vista In regards to: August 2"d 2012 Unocal application for Alcohol sales license hearing To Whom It May Concern: We the undersigned Chula Vista resident object to the issuance of a license to sell alcohol at the UNOCAL gas station located at 1495 Melrose Ave Chula Vista. Due to the corner location of the UNOCAL (Orange and Melrose) any additional "in and out" traffic flow would present a burden and potential hazardous situation to already heavily trafficked streets. Also it would place TWO establishments next to each other that sell alcohol. And THREE establishments within a 100 radius that sell alcohol. We therefore protest the issuance of the Alcohol license to UNOCAL Located at 1495 Melrose Avenue, Chula Vista CA on the grounds that it would not be a "public convenience or necessity' Thank you for your consideration of this matter: Concerned Chula Vista resident QfLT1Ti oN - Su+hVi.2~ Pub' 20-26 Address Phone # Signature Names Detective Jason Deaner Chula Vista Police Department Special investigations Unit In regazds to: February 2nd 2012. UNOCAL application for Alcohol sales license hearing. To Whom It May Concern: We the undersigned Chula Vista residents object to the issuance of a license to sell alcohol at the UNOCAL gas station located at 1495 Melrose Ave. Chula Vista. Due to the corner location ofthe UNOCAL (Orange and Melrose) any additional "in and out" traffic flow would present a burden and potential hazardous situation to already heavily trafficked. streets. Also it would place TWO establishments within approximately a 50 yard radius that sell alcohol and THREE establishments within a 100 radius that sell alcohol. We therefore protest the issuance of the Alcohol license to UNOCAL located at 1495 Melrose Avenue, Chula Vista CA on the grounds that it would not be a "public convenience or necessity" p~.-ri t7 o~v 20-27 Thank you for your consideration of this matter; Concerned Chula Vista resident Noble A. Gay November 13, 2012 City Council City of Chula Vista 276 Fourth Avenue, Building 300 Chula Vista, California 91910 Subject: Case number: PCC-11-073 Site Address: 1495 Melrose Avenue Dear Councilmembers: The subject property has been in violation of the sign ordinance of the City of Chula Vista for several years (since approximately 2006). The signs are unsightly and illegal. The signs are unfair to other businesses which have complied with the sign ordinance. The signs may distract drivers passing by the site, resulting in unsafe driving. (Copies of photographs of the signs are enclosed.) The applicant's blatant and long-standing violation of the sign ordinance demonstrates a disregard for the ordinances and regulations of the City of Chula Vista. If the applicant will not comply with the sign ordinance, why should the City anticipate that he will comply with ~ of the conditions of a Conditional Use Permit? Enclosed are copies of a letter I sent to the Code Enforcement Division informing them of the signage violations and a copy of the letter I received in response to my letter. If the Code Enforcement Division is unable to remedy the long-standing signage violations, the Conditional Use Permit should be denied as a means of enforcing the sign ordinance. The application for a Conditional Use Permit should be denied. If you desire any additional information from me, please let me know Thank you. Best regards, ~~ r Noble A. G~~ 20-28 Noble A. Gay August 14, 2012 Code Enforcement Division City of Chula Vista 276 Fourth Avenue, Building 300 Chula Vista, California 91910 Subject: 1495 Melrose Avenue Dear Sir or Madam: The above-referenced property has been in violation of the sign ordinance of the City of Chula Vista for several years. The signs are unsightly, illegal and unfair to other nearby businesses which comply with the ordinance. The signs may constitute a distraction to drivers passing by the site. If you desire any additional information from me, please let me know Please inform me of the action(s) taken as a result of this letter. Thank you. Best regards, /(i.9'4 N i~ I/ Noble A. Gay 9/ 20-29 t11// ,~_._. :.~~r~r iULA VISTA D Services Department Code Enforcement Friday, August 17, 2012 NOBLE A GAY RE: UNPERMi f'fED $IGNAGE 1495 MELROSE AV The City of Chula Vista has received your complaint in which you allege that the above addressis in violation of the Chula Vista Municipal Code. The City has advised the tenant and/or property owner of the alleged violation and has. requested voluntary compliance. No further action will be taken, as the City of Chula Vista is currently unable to conduct field inspections for violations of this nature. The National Conflict Resolution Center may be able to assist you and all parties involved to reach a mutually acceptable solution. The National Conflict Resolution Center may be contacted by telephoning (619) 238-2400 or online at their website at www.ncrconline.con. Thank you for doing your part in trying to solve problems in our community: Your cooperation and understanding is appreciated. Sincerely, ~~ Sr. Code enforcement Officer 276 Fourth Avenue, Chula Vista, CA 9191D n Svww.chuIavistaca.gov ~ (619) 691-5272 fax (619) 585-5681 20-30 Food Mart -- r 38610 G-11" 3961" - �� � - -�-r- -� _ _ ►hill M I��� -. Nyr • 1 2 ,� - ,- c- r bM v \ + /�11 Ill ,- ;_:� mm i - 4. � � � Dyy�e ✓,J� '/ Y �,- _ ~4 ~. ~ S t 3 ,r u. g7 ~. , ~~ /u~ L ~';'' .o . SMOKE SHOP ` 2.99 _- _.09 : 4E~ y,, ~~~ ~~ /~•r ,~~-~.~. ~.-~-~-~ C17Y OF CHULA VISTA POLICE DEPARTMENT 6/12/12 Richard Zumwalt City of Chula Vista Planning Department RE: Union 76, 1495 Melrose Avenue, Chula Vista Dear Mr. Zumwalt: The Chula Vista Police Department wishes to request the following conditions for the CUP for the proposed business located at 1498 Melrose Avenue, Chula Vista. This decision has been made based on over-concentration of licenses in the census tract: 1. Sales, service and consumption of alcoholic be verages shat/ be permitted only between the hours of7AM and 11:00 PM, 2. The parking lot of the premises sha/l be equipped with lighting of sufficient power to illuminate and make easi/y disceririb/e the appearance and conduct of all persons on or about the parking /ot. Additionally, the position of such lighting shal/not disturb the normal privacy and use of any neighboring residences. 3. No wine shall be sold with an a/cohol content ofgreater than 17% by volume except for 'Dinner Wines" which have been aged two years or more. 4. Wine shall not be sold in bottles or containers smaller than 750 ml. 5. No beer or malt beverage products .~hal/ be so/d regardless of container size, by sing/e containers, but must be sold in manufacturer pre package mu/ti-unit quantities 6. No /oitering sha/l be allowed near the entrant%xit of the business. 7. Petitioner(s) shall police the area under their control in an effort to prevent loitering ofpersons about the premises. 315 FOURTH AVENUE CHULA VISTA, CA 91910 (619) 409-5852 ~TrALN M,¢.~ S ~`~ ~~ ~r -~-~+-~- -~~- ~~. CITY OF CHULA VISTA POLICE DEPARTMENT 8. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the avai/ability of a/coholic beverages. Interior displays of a/coho/ic beverages orsigns, which are c%ar/y visible to the exterior, shall constitute a violation of this condition. 9. The applicant sha/l remove graffiti within 48 hours. 10. The petitioner(s) sha// be responsible for maintaining a litter free area in all areas under the petitioner(s) contro% 11. Signs must be posted at a// exits, advising customers that loitering and open containers of alcohol are prohibited outside of the business and reminding them not to disturb the neighbors with noise. If you have any further questions or concerns, please feel free to contact me at (619)409-5852. Sincerely, Detective Jason Deaner #988 Chula Vista Police Department Special Investigations Unit 315 Fourth Avenue Chula Vista, CA 91911 Telephone (619)409-5852 FAX (619)476-2427 jdeaner@chulavistapd.org 315 FOURTH AVENUE ~ CHULA VISTA, CA 91910 (619) 409-852 20-34 RESOLUTION NO. 2012- RESOLUTION OF THE CHULA VISTA CITY COUNCIL DENYING THE APPEAL OF LEWIS BREWER AND APPROVING THE CONDITIONAL USE PERMIT (PCC-11- 073) TO PERMIT THE SALE OF BEER AND WINE AT THE UNOCAL GAS STATION AND MINI-MART LOCATED AT 1495 MELROSE AVENUE IN THE CITY OF CHULA VISTA I. RECITALS WHEREAS, the parcel of land which is the subject matter of this Resolution is depicted in Exhibit "A", attached hereto and incorporated herein by this reference, and for the purpose of general description consists of 0.33 acres located at 1495 Melrose Avenue, consisting of APN 624-080-07-00, ("Project Site"); and WHEREAS, on April 16, 2012, a duly verified application requesting approval of a Conditional Use Permit was filed with the City of Chula Vista Development Services Department by Kamal Nona ("Applicant"); and WHEREAS, said Applicant requests approval of a Conditional Use Permit to allow the applicant to sell beer and wine at the existing gas station and mini-mart, for off-site consumption only ("Project") on said Project Site; and WHEREAS, the Director of Development Services has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 Categorical Exemption pursuant to 15301 (Existing Facilities) of the State CEQA Guidelines. The proposed project consists of negligible or no expansion of an existing use. Thus, no further environmental review is required. WHEREAS, a hearing time and place was set by the Zoning Administrator for consideration of the Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS, the Zoning Administrator held an advertised public hearing on the Project on August 9, 2012, wherein the Zoning Administrator took public testimony and heard staffs' presentation; and WHEREAS, following staff's presentation and heazing of public comments, the Zoning Administrator considered all reports, evidence and testimony presented, and on August 24, 2012, approved Conditional Use Permit PCC-11-073, in accordance with the findings and subject to the conditions contained in the Final Notice of Decision for PCC-11-073; and WHEREAS, Lewis Brewer filed an appeal of the Zoning Administrator's Decision to Approve Conditional Use Permit PCC-11-073 on September 11, 2012; and 20-35 Resolution No. 2012- Page 2 WHEREAS, the City Clerk set the time and place for the public hearing on the appeal; and notice of said 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 site at least 10 days prior to the hearing; and WHEREAS, the Chula Vista City Council held a duly noticed public hearing to consider said appeal at the time and place as advertised, namely November 20, 2012, at 2:00 p.m. in the Council Chambers, 276 Fourth Avenue, reviewed and considered the appeal of Conditional Use Permit PCC-11-073; and WHEREAS, the City Council of the City of Chula Vista after considering all reports, evidence and testimony presented, voted X-X-X-X to deny the appeal and approve the Conditional Use Permit PCC-11-073, based on the findings and in accordance with the conditions listed below. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, and resolve as follows: I. The appeal of Conditional Use Permit (PCC-11-073) is herby denied under the provisions of Section 19.14.130, based on the following Findings of Fact in accordance with Chula Vista Municipal Code Sections 19.14.080 and Section 19.58.430 of the Chula Vista Municipal Code. IL CONDITIONAL USE PERMIT FINDINGS FOR OF 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 existing Unocal Mini-Mart is a retail commercial business which is located in an area that supports other retail commercial businesses that sell alcoholic beverages, therefore the use is consistent with other uses in the surrounding area. Approval of this Project would contribute to the general well-being of the neighborhood by encouraging competition in retail sales, and would benefit the Applicant's customers by providing more convenient availability of beer and wine. Two of the three other nearby retail businesses have Off-sale General ABC licenses that permit the sales of a wider variety of alcoholic beverages, such as distilled spirits, but this Project would be limited to beer and wine sales only. 2. That such use will, under the circumstances of the particular case, not 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 applicant is required to obtain an Alcoholic Beverage Control license from the State Of 20-36 Resolution No. 2012- Page 3 California Alcoholic Beverage Control Department (ABC) that limits the sale of alcohol to beer and wine only, in compliance with all applicable state and local regulations. Conditions of approval are recommended by the Police Department to be included in the CUP and ABC license, which will ensure that public convenience and necessity will be served, and the sale and consumption of alcoholic beverages will not adversely affect the neighborhood. In addition conditions of approval are included which ensure that the applicant will enhance the appearance of the Project site and building, including the following: • A limitation on the hours of beer and wine sales from 7 am to 11 pm daily; • That adequate exterior lighting be provided to enhance safety and visibility; • That loitering adjacent to the business be prohibited; • That exterior signage or advertising of alcohol sales be prohibited; • That graffiti be removed from the premises within 48 hours; • Restrictions on the sale of alcoholic beverages, such as limits on the type, container size, quantity, and alcohol content of alcoholic beverages be included; • That signage will be required to obtain approval of sign permits, as necessary, and that un-permitted signage shall be removed; • That existing landscaping will be refreshed, including replacement of dead and missing plants, and maintenance and repair of the irrigation system, as necessary. • That the parking lot pavement will be repaired and re-striped. Sale of alcoholic beverages is limited to off-site consumption only, and when considered in conjunction with the recommended conditions of approval, any adverse impacts to the immediate surrounding neighborhood would be minimized. 3. That the proposed use will comply with the regulations specified in the code for such use. Granting of this conditional use permit is conditioned to require the Applicant and Property Owner to fulfill the conditions of approval and to comply with all applicable regulations and standards specified in the Municipal Code for such use. These conditions will be enforced through inspections prior to occupancy of the use .and subsequent operation of the business. Furthermore, the conditions of this permit are approximately in proportion to the nature and extent of the impact created by the project in that the conditions imposed are directly related to, and of a nature and scope related to the size and impact of the project. The project will comply with all regulations and conditions specified in the Municipal Code for uses established under PCC-11-073. 20-37 Resolution No. 2012- Page 4 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 General Plan designates the site as Commercial Retail, which permits commercial land uses. A Gas Station with aMini-Mart selling alcoholic beverages limited to beer and wine is considered consistent with the Commercial Retail General Plan Land Use designation, upon approval of a Conditional Use Permit. Thus, the proposed Mini-Mart business selling alcoholic beverages is consistent with the General Plan Land Use and Transportation Element, and will not adversely affect implementation of the City's General Plan. III. CVMC SECTION 19.58.430, LIQUOR STORES IN THE CN ZONE, FINDINGS FOR APPROVAL: The proposed use, a Gas Station and Mini Mart selling alcoholic beverages, is a Conditional Use that is addressed in the CN Zone, Section 19.34.030 F, and therefore requires approval of a Conditional Use Permit. Section 19.58.430 states that a CUP shall not be granted unless the issuing authority finds, in his or her discretion, based on substantial evidence in view of the entire record, that the facts required by CVMC 19.14.080 (above) exist, and that the CUP will not result in anover-concentration of such facilities. Over-concentration may be found to exist based on: (A) The number and location of existing facilities; The site is located across Melrose Street from the existing Orange Villa Plaza neighborhood retail center, and a smaller strip-commercial retail center adjacent to the site on the north. Three other retail businesses which have off-site ABC licenses are located within 500 ft. of the Project site. The site is also located one block from the I-805 freeway and many residents and visitors pass by the Project site to gain access to the Freeway. However, with the exception of this commercial node, this azea of the City is largely residential and does not have an extensive amount of land developed with retail commercial uses. The next closest neighborhood retail centers are 0.75 miles to the west at Hilltop and Orange Avenue, and to the south at the intersection of Main Street and Melrose Avenue. The neazest major commercial district is Third Avenue, which is approximately 1.5 miles to west. To the east, across I-805, the nearest retail commercial center is approximately .65 miles away at the intersection of Brandywine Street and Sequoia Street. In this area of the City, there is a limited number of retail establishments serving a very large residential area. The remainder of azea within 0.75 mile of the site consists of mostly single-family residential development, a few multi-family residential buildings along Orange Avenue, within 5 different census tracts, and is generally auto- oriented in design. Thus, the Project would provide retail services to residents of a much larger azea than the area of its census tract. (B) Compliance with State Alcoholic Beverage Control Over-concentration standards in effect at the time of project consideration; 20-38 Resolution No. 2012- Page 5 For off-site retail ABC licenses, Undue (or Over) Concentration means that the Applicant's premises is located in an area where the ratio of off-sale retail licenses to population in the census tract or census division in which the Applicant premises are located exceeds the ratio of off-sale retail licenses to population in the county in which the applicant premises are located. According to the Chief of Police, the maximum permitted number of ABC licenses for this census tract is 3.8. This Project would constitute the fourth ABC license, therefore the Applicant applied for a Public Convenience and Necessity (PCN) review because of the concentration of approved ABC licenses within the census tract containing the Project site. The Chief reviewed the PCN request and determined that the Project site is not located in a high-crime area, and the Project provides enhanced convenience for the Applicant's customers by allowing the sales of beer and wine for off-site consumption, and therefore the public convenience and necessity would be served. The Chief of Police recommends approval of the Project, subject to their conditions of approval, which have been incorporated into the Resolution denying the appeal and of approving the CUP. (C) The impact of the proposed facility on crime; According to the Chief of Police, approval of the Project would not have a significant impact on crime, and the Project site is not located in a high-crime area. The crime rate for the reporting district is 61.9%, where a 120% crime rate would be required to constitute a high crime area. Conditions of approval have been included in the City Council resolution intended to enhance crime prevention and minimize the potential adverse affects on the community from the sale of alcoholic beverages. (D) The impact of the proposed facility on traffic volume and flow: The Project does not propose construction or remodeling of the building, which would trigger building improvements, and the existing driveway design complies with City standards, therefore no change to the existing vehicle access and driveways is required. The City's Traffic Engineering section has reviewed the Project and determined that the addition of alcoholic beverage sales'to an existing retail business would not significantly increase the volume of traffic generated. Therefore, the Project does not result in a significant impact on traffic volume and flow: IV. CONDITIONAL USE PERMIT CONDITIONS OF APPROVAL The following conditions shall apply to the Project Site, and the Applicant or successor-in- interest shall satisfy these conditions prior to establishment of the use and the commencement of sales of alcoholic beverages, or at the timeframe specified in the condition: PLANNING DIVISION: 20-39 Resolution No. 2012- Page 6 1. The Project Site shall be maintained in accordance with the PCC-11-073 approved plans, which include site plans and floor plans on file in the Planning Division, the conditions contained herein, and the Zoning Ordinance (Title 19). The Applicant or successor-in- interest shall remain in compliance with the conditions as long as the Project relies upon -this approval. 2. 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 Development Services Department Secretary and the City Clerk within ten days of recordation. Signature of Property Owner Date Signature of Applicant or Authorized Representative Date 3. The applicant shall obtain an alcoholic beverage control license permitting off-site sales of beer and wine only, from the State of California Alcoholic Beverage Control (ABC) Department, prior to commencement of sale of alcoholic beverages. The Applicant shall comply with the applicable State ABC Laws and City Ordinances, and all conditions required by the Chula Vista Police Department pertaining to the sale and consumption of alcoholic beverages. Upon certification by the Development Services Department for occupancy or establishment of use allowed by this Conditional Use Permit, the following conditions shall apply: PLANNING DIVISION: 4. This permit is valid for operation of a Gas Station and Mini-Mart with off-site sale of beer and wine only, pursuant to CVMC 19.34.010. 5. The hours of beer and wine sales shall be limited to 7:00 a.m. to 11:00 p.m, Monday through Sunday (seven days a week). 6. The Applicant shall operate the project in compliance with the Performance Standards, CVMC Chapters 19.66 and Performance Standards and Noise Control, Chapter 19.68. 7. Within 30 days of approval of this permit, the Applicant shall submit signage plans to the satisfaction of the Development Services Department to determine if the Project signage 20-40 Resolution No. 2012- Page 7 complies with the Sign Ordinance (CVMC Chapter 19.60) and CN Zone (CVMC 19.34.010). If this review shows the existing signage is not in compliance, the applicant shall apply to the Development Services Department for sign permits to modify the Project signage. Information regarding the type, size and location of all signs must be included in the plans. Any un-permitted signage must be removed within 30 days. Signs advertising specific products, or services or uses that aze not permitted in the CN Zone or Sign Ordinance, shall not be permitted. 8. The Applicant shall operate the business in compliance with CVMC Chapter 9.17: Drug Paraphernalia-Prohibited, and CVMC Chapter 5.37: Narcotic or Drug Paraphernalia Shops. 9. Pursuant to CVMC 19.34.180, each year prior to issuance or renewal of the business license, the Applicant shall present evidence to the satisfaction of the Director of Development Services showing compliance with CVMC Section 19.34.090 and 19.34.120, including that the Project is continuing to operate in compliance with the permitted uses and other requirements described in the CN zone. 10. Exterior site lighting shall be provided to enhance safety and visibility. Light fixtures shall be shielded to confine light within the site and prevent glare into adjacent properties, in compliance with CVMC 19.66.100. 11. Within 60 days of approval of this Permit, the existing landscaping shall be refreshed, including replacement of dead and missing plants, and maintenance and repair of the irrigation system. 12. The Applicant shall ensure that the landscaping is watered and well-maintained and the site is kept clean of trash and debris. 13. Within 60 days of approval of this Permit, the Applicant shall repair or replace any damaged curb, gutter and sidewalk, and if required, obtain an encroachment permit prior to commencement of the work. 14. Within 60 days of approval of this Permit, the parking lot pavement shall be repaired or resurfaced, and parking spaces, including the handicapped space and handicapped loading area, shall be cleared of any obstructions and re-striped per the approved site plan. 15. If a formal complaint is received by the Director of Development Services, or if the Director determines that the Applicant is not operating in compliance with the conditions of approval of this permit, then the Director has the discretion to initiate an investigation which may include requesting the applicant to submit plans, technical studies, or other information deemed necessary to respond to the complaint or non-compliance issue. After review, the Director has the discretion to either maintain the existing Conditional 20-41 Resolution No. 2012- Page 8 Use Permit, modify the Conditional Use Permit, or revoke the Conditional Use Permit, pursuant to the requirements of CVMC Section 19.14.270. 16. Prior to the sale of alcoholic beverages, the Applicant, shall obtain approval of the Alcoholic Beverage Control License and operate in compliance with the following requirements requested by the Chula Vista Police Department (CVPD) that aze justified by the California Business & Professions Code and are necessary to maintain public safety and prevent nuisance activities: a. Sales of alcoholic beverages shall be limited to beer and wine only and comply with all requirements of the approved ABC license. b. Sales of alcoholic beverages shall be permitted only between the hours of 7 AM and 11:00 PM daily. a The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appeazance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. d. No wine shall be sold with an alcohol content of greater than 17% by volume except for "Dinner Wines" which have been aged two yeazs or more. e. Wine shall not be sold in bottles or containers smaller than 750 ml. £ No beer or malt beverage products shall be sold regardless of container size, by single containers, but must be sold in manufacturer pre-package multi-unit quantities. g. No loitering shall be allowed near the entrance/exit of the business. h. The Applicant shall police the area under their control in an effort to prevent loitering of persons about the premises. i. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs, which aze clearly visible to the exterior, shall constitute a violation of this condition. j. The Applicant shall remove graffiti within 48 hours. k. The Applicant shall be responsible for maintaining a litter free area in all azeas under the petitioner(s) control. 1. Signs must be posted at all exits, advising customers that loitering and open containers of alcohol are prohibited outside of the business and reminding them not to disturb the neighbors with noise. m. No beer or wine shall be displayed within five feet of the cash register or the front door unless it is in a permanently affixed cooler. n. No advertisement of alcoholic beverages shall be displayed at motor fuel islands. o. No sale of alcoholic beverages shall be made from adrive-in window. p. No display or sale of beer or wine shall be made from an ice tub. q. No beer or wine advertising shall be located on motor fuel islands and no self- illuminated advertising for beer or wine shall be located on buildings or windows. 20-42 Resolution No. 2012- Page 9 17. Prior to approval of any request for an amendment of the approved ABC license or this Conditional Use Permit, the Applicant shall submit and obtain approval of an application requesting a substantial conformance review or modification of this Conditional Use Permit, for consideration by the Director of Development Services and the Chula Vista Police Department. 18. Approval of this Project shall not waive compliance with all sections of Title 19 of the Municipal Code, including the Sign Ordinance, and all other applicable City Ordinances in effect at the time of the approval of this Conditional Use Permit. 19. This permit shall become void if not used or extended within three years of the affective date thereof in accordance with Section 19.14.260 of the Chula Vista Municipal Code. Failure to comply with the any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. 20. The Applicant shall and does hereby agree to indernnify, protect, defend and hold harmless the City, its Zoning Administrator, City Council members, officers, employees, agents and representatives, from and against all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated by the permit, and (c) Applicant's installation and operation of the facility permitted. The Applicant shall acknowledge their agreement to this provision by executing a copy of this Conditional Use Permit, upon approval of -the Zoning Administrator. Applicant's compliance with this provision is an express condition of this Conditional Use Permit and this provision shall be binding on any and all of the Applicant's/operator's successors and assigns. V. 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, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The applicant or a successor in interest gains no vested rights by the City's approval of this Conditional Use Permit. VI. INVALIDITY: AUTOMATIC REVOCATION 20-43 Resolution No. 2012- Page 10 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. VII. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, review, set aside, void or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning,. grading, or other similar application processing fees or service fees in connection with this project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 20th day of November, 2012, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: Presented by Approved as to form by: ~~-( ~- ~ Gary Halbert, P.E., AICP Glen R. Googins ~4v~~ ~ Assistant City Manager/Director of Development Services City Attorney 20-44 Resolution No. 2012- Page 11 J:\Planning\Case Files\-12 (FY 11-12)\PCC\HEARING\PCC-11-073\ PCC-11-073 DRAFT CC RESOLUTION 20-45 Adcfiti ona,l Ivl~orrvla~-i oh -. I~ 2 v RESOLUTION NO.2012- RESOLUTION OF THE CHULA VISTA CITY COUNCIL GRANTING THE APPEAL OF LEWIS BREWER, REVERSING .THE . DECISION OF THE ZONING ADMINISTRATOR AND DENYING THE CONDITIONAL USE PERMIT (PCC-ll-073) TO PERMIT THE SALE OI+ BEER AND WINE AT THE UNOCAL GAS STATION AND MINI-MART LOCATED AT ]4I5 MELI205E AVENUE [N THE CITY OI+ CIIULA VISTA 1. RECITALS WI-IEREAS, the pu~cel of land which is the subject matter of this Resolution is depicted in Exhibit "A", attached hereto and incorporated herein by this reference, and for the purpose of general description consists of 033 acres located at 1495 Melrose Avenue, consisting of APN 624-OSO-07-00, ("Project Site"); and WI-IEREAS, on April 16, 2012, a, duly verified application requesting approval of a Co~iditional Use Pernrit was filed with the City of Chula Vista Development Services DeparUuent by KamahNona ("Applicant"); and WHEREAS, said Applicant requests approval of a Conditional Use Permit to allow the applicant to sell beer and wine at the existing gas station and mini-mart, for ofr site consumption only ("Project') on said Project Site; and WHEREAS, the Director of Development Services has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 Categorical Exemption pursuant to ] 5301 (l~xisting Facilities) of the State Cl?QA Guidelines. The proposed project consists of negligible or no expansion of an existing use. Thus, no further environmental review isrequired. - WHEREAS, a hearing time and place was set by the %oning Administrator for consideration of the Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners aud~ residents within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS, the Zoning Administrator held an advertised public hearing ou the Project on August 9, 2012, wherein the Zoning Administrator took publiatestimony and heard staffs' presentation; and WI-IEREAS, following staffls presentation and hearing of public comments, the 7oning- Administrator considered all reports, evidence and testimony presented, and on August 24; 2012, approved Conditional Use Permit PCC-1 ]-073, in accordance with the findings and subject to the conditions contained in the Final Notice of Decision for PCC-1 ] -073; and 1' Resolution No. 2012- Page 2 WI-IEREAS, Lewis Brewer filed an appeal of the Zoning Administrator's Decision to Approve Conditional Use Permit PCC-11-073 on September 11, 20] 2; and WHEREAS, the City Clerk set the time and place for flee public hearing on the appeal; and notice of said 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 site at least 10 days prior to the hearing; and WHEREAS, the Chula Vista City Council held a duly noticed public hearing to.consider said appeal'at the time and place as advertised, namely November 20, 2012, at 2:00 p.m. in the Council Chambers, 276 Fourth Avenue, reviewed and considered the appeal of Conditional Use Permit PCC-11-073; and .WHEREAS, the City Council of the City of Chula Vista after considering all reports, evidence and testimony presented, voted X-X-X-X to uphold and grant the appeal and deny the Conditional Use Permit PCC-11-073 and reverse the Zoning Administrator's issuance of the same based on the findings listed below. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, and resolve as follows: I. The appeal of Conditional Use Permit (PCC-11-073) is hereby granted under the provisions of Section 19.14.130, based on the following Findings of Pact in accordance with Chula Vista Municipal Code Section 19.14.080 (Conditional -Use Permit - Prerequisites For Granting). IT. FINDINGS FOR GRANTING OP APPEAL AND REVERSING ZONING ADMINISTRATOR'S ISSUANCE AND DENYING CONDITIONAL USE PERMIT 1, That the proposed use at this location is not necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. There are already 3 other business selling alcohol products within 500 feet of the project .location. Because this neighborhood is ,predominantly residential a fourth liquor license (when there are already three) is not desirable and does not contribute to the general wellbeing of the predominantly residential neighborhood. Additional alcohol sales has the potential to negatively affect the residential nature of this community. Thereforean additional license for selling beer and wine is not necessary to provide a service to the neighborhood because alcohol retail is already available in the direct vicinity. Patrons can move their cars next door to purchase beer and wine at the neighboring businesses. In the alternative, granting this use would mean that 4 out of 5 businesses near the corner of Melrose and Orange would be able to sell alcohol malting this use an overly congested and concentrated one for the residential nature of the neighborhood. Also, because the Resolution No. 2012- ' Page ; minimum number of ABC licenses for this census tract is 3.8 according to the'California Department of Alcoholic Beverage Control this. use could exceed the minimum number of ABC licenses for the census tract. .Based on the above findings the proposed use at this location is not necessary or desirable to provide a service that will contribute to the general wellbeing of this community. 2. That such use will, 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. Based on testimony provided atthe hearing by residents who live near the project location, an additional business selling beer and wine in this area will negatively affect their quality of life and their health, safety and general welfare by contributing to additional crime, traffc problems and nuisance activities. There has already been a history of bad traffic problems- , and nuisance activities (graffiti and panhandling)- at this location and this use would contribute to additional problems for this community. Schools are nearby and an additional liquor license in this area could expose youth to under-age drinking and traffic hazards which would be detrimental to their health, safety and general welfare. Based on the above findings the proposed use is detrimental to the health, safety and general welfare of persons residing in the vicinity. 3. That the proposed use will not comply with the regulations specified in the code for such use. Because the applicant has a history of prior, non-compliance with the Chula Vista Municipal Code involving signs and grafFiti these are indications that he may not follow the coriditions to be imposed upon him through issuance, of a conditional use permit. Public comments also raised concerns that the current retail products made available for sale at Ihiocal may violate Chapter 9.17 .of the Chula Vista Municipal Code (Drug Paraphernalia -Prohibited). BE TT FURTI-IER RESOLVED, based on the above Endings and evidence entered into the record pursuant to testimony and documents submitted at the public hearing and City Council comments and deliberation, and incorporating the same herein, the City Council hereby upholds the appeal reversing the Zoning Administrator's issuance of Conditional Use Permit and Final Notice of Decision for PCC-11-073 dated August 24, 2012. . PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 20th day of November, 2012, by the following vote, to-wit: Resolution No. 2012- Page 4 AYES: NOES: ABSENT: ABSTAIN: PresenCed by Approved as to form by: Gary Halbert, P.E., AICP Glen R. Googins Assistant City Manager/Director of Development Services City Attorney