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HomeMy WebLinkAboutReso 2012-225RESOLUTION NO. 2012-225 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING THE APPEAL OF LEWIS BREWER, REVERSING THE DECISION OF THE ZONING ADMINISTRATOR AND DENYING 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 pazcel 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 App]icant 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; and 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 hearing 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 Resolution No. 2012-225 Page No. 2 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 WHEREAS, the City Clerk set the time and place for the public heazing 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 5-0-0 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-I1-073) is hereby granted under the provisions of Section 19.14.130, based on the following Findings of Fact in accordance with Chula Vista Municipal Code Section 19.14.080 (Conditional Use Permit - Prerequisites For Granting). II. FINDINGS FOR GRANTING OF APPEAL AND REVERSING ZONING ADMINISTRATOR'S ISSUANCE AND DENYING CONDITIONAL USE PERMIT 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 aze already 3 other businesses 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. Therefore an 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 neaz the corner of Melrose and Orange would be able to sell alcohol making this use an overly congested and concentrated one for the residential nature of the neighborhood. Also, because the 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 Resolution No. 2012-225 Page 3 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 at the 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, traffic 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 aze 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 there are indications that he may not follow the conditions 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 Unocal may violate Chapter 9.17 of the Chula Vista Municipal Code (Drug Paraphernalia -Prohibited). BE IT FURTHER RESOLVED, based on the above findings 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. Presented by Gary ~Ialbert~.E.; AICP Assistant Cit Manager/Director of Development Services Approved as to form by G1e ns D ~ ~ y r"t City Attorney G'~ Resolution No. 2012-225 Page No. 4 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 20th day of November 2012 by the following vote: AYES: Councilmembers: Aguilaz, Bensoussan, Castaneda, Ramirez and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None C-~ ~_~~`F-- Cheryl Cox, May ATTEST: Donna R. Norris, CMC, City 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. 2012-225 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 20th day of November 2012. Executed this 20th day of November 2012. Donna R. Norris, CMC, City Clerk Resolution No. 2012-225 CHULA VISTA PLANNING AND BUILDING DEPARTMENT '_OCATOR vao~ECT Kamal Nona -Union 76 Station APPLICANT PROJECT DESCRIPTION: MISCELLANEOUS O PROJECT 1495 Melrose Ave AooaESS: Project Summary: Union 76 Station is proposing a beer a wine license. SCALE: PILE NUMBER NORTH No Scale PCC-11-073 ated rases: None LiGxbe Fiieswrcmap Lora~w TemplaerLpcamrs~PCCno]3.ai.0420.R