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HomeMy WebLinkAboutZAV 1987-01 RESOLUTION N0. ZAV-87-1 RESOLUTIUN OF THE CITY OF CHULA VISTA PLANNING COMMISSION GRANTING A VARIANCE WHEREAS, a duly verified application for a variance was filed with the Planning Department of the City of Chula Vista on July 2, 1986, by Sue Li Ip, and WNEREAS, said application requested approval of a shared parking arrangement at the southeast corner of Fourth Avenue and "C" Street, and to thereby vary from the standard City parking requirements in order to operate a night club at 15 Fourth Avenue in the C-C-D zone, and WNEREAS, the Planning Commission set the time and place for a hearing on said conditional use permit application 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 within 30U feet of the exterior boundaries of the property at least ten days prior to the hearing, and WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m., August 27, 1985, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed, and WHEREAS, the project is exempt from environmental review as a Class 5 exemption. NOW, TNEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION finds as follows: 1. That a hardship peculiar to the property and not created by any act of the owner exists. Said hardship may include practical difficulties in developing the property for the needs of the owner consistent with the regulations of the zone; but in this context, personal, family or financial difficulties, loss of prospective profits, and neighboring violations are not hardships justifying a variance. Further, a previous variance can never have set a precedent, for each case must be considered only on its individual merits. The commercial center in question was originally developed without the necessary off-street parking to accommodate the particular mix of permitted uses now contemplated far the site. 2. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity, and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors. The night club is a permitted use in an existing structure within an existing commercial center. Other properties in the - same zone and vicinity can generally accommodate permitted uses without the necessity of shared parking. 3. That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair the purposes of this chapter or the public interest. The shared parking arrangement will ensure that available parking for the use meets the requirements of the Code, 4. That the authorizing of such variance will not adversely affect the General Plan of the City or the adopted plan of any governmental agency. The variance as conditional will help facilitate the establishment of a use contemplated in the retail commercial designation shown on the General Plan for this site. BE IT FURTHER RESOLVED THAT 7NE PLANNING COMMISSION hereby grants the variance, subject to the following conditions: 1. This variance shall not become effective- until a plan is submitted for the operation of a bona fide eating place in conjunction with the night club as required by Municipal Code Section 5.26.100, or until a zoning text amendment deleting this requirement is approved. 2. A plan shall be submitted for the improvement and restriping (double striping) of the existing and new parking areas in conformance with City standards. A security guard shall be on site in the parking lot at all times of operation to ensure that parking does not occur on adjacent property. 3. Agreements acceptable to the City Attorney shall be submitted by (a) all uses participating in the shared parking arrangement agreeing not to change their business hours so as to conflict with the night club, (b) the property owner agreeing that no new business with conflicting hours will replace a shared parking participant, and (c) the night club shall not be open between the hours of 2 a. m. and 6 p.m. The property owner shall annually submit a written statement of the hours of operation for all businesses within the center. 4. The night club can contain 5U sq. ft. of assembly/dance floor area or 2.5 permanent seats for each parking space available from the new parking area, tYie restriping plan and the submittal of agreements by all eligible shared parking participants and the property otuner (70 spaces maximurn). tdote: Remaining building square footage shall be limited to office, kitchen and/or storage for the night club. 5. A parking lot lighting plan shall be submitted for staff review and approval. Such plan shall include review by the Director of Public Safety to insure adequate security lighting. 6. Handicap parking shall be provided per Title 24, Part 2, Section 2-7102, C.A.C. I I 7. Construction plans shall be submitted for review and approval by the Fire Plarshal. 8. A construction permit shall be required for work in the public right-of-way. 9. A landscape and irrigation plan for the entire center shall be submitted for review and approval by the City Landscape Architect. 10. Building permit requirements shall include sidewalk repairs at several locations, and sidewalk ramps at the corner and at alley-type driveway approaches. 71. A floor plan shall be submitted to be approved by the Zoning Administrator, fully dimensioned showing the limits of the dance floor area and how it will be contained, location and number of tables and seating areas as well as the total number of seats provided. 12. The variance approval shall be granted for a period of three years. The Zoning Administrator may grant future extensions in three-year increments subject to a report filed with the Planning Commission one month prior to expiration date. Failure to comply with any condition of approval (or complaints filed) shall cause this permit to be reviewed by the City for additional conditions of revocation. This variance shall become void and ineffective if the same is not utilized within one year from the date of this resolution in accordance with Section 19.14.260 of the Municipal Code. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CIIULA VISTA, CALIFORNIA, this 27th day of August, 1986, by the following vote, to-wit: AYES: Commissioners Guiles, Cannon, Grasser and Tugenberg _ NOES: Commissioners Green, Shipe and Carson ~ ABSENT: None i Wi`t~i ann n, ,airman ATTEST: Ruth M. Smith, Secretary WPC 3111P