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HomeMy WebLinkAboutReso 1995-18032 NOT APPROVED RESOLUTION NO. 18032 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING THE APPEAL OF UNOCAL FROM THE DECISION OF THE PLANNING COMMISSION AND ISSUING A PERMIT CONDITIONALLY APPROVING 24-HOUR GAS SALES AT 1495 MELROSE AVENUE IN THE C-N NEIGHBORHOOD COMMERCIAL ZONE WHEREAS, a duly verified application (PCM-95-16) was filed with the City of Chula Vista Planning Department on May 24, 1995 by Robert H. Lee & Associates for Unocal; and WHEREAS, said application requests approval to sell gas on a 24-hour basis at 1495 Melrose Avenue within the C-N Neighborhood Commercial zone; and WHEREAS, in accordance with CVMC Section 19.34.170, business hours in the C-N zone are limited to between 7:00 a.m. and 11:00 p.m. unless extended hours are specifically approved by the Planning Commission; and WHEREAS, the Environmental Review Coordinator has determined that this project is exempt from environmental review as a "General Rule" exemption under the California Environmental Quality Act (CEQA); and WHEREAS, the Planning Director set the time and place for a hearing on said 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 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely July 26, 1995 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission; and WHEREAS, after hearing public testimony and considering the project, the Planning Commission voted 4-3 to deny the request in accordance with Resolution PCM-95-16; and WHEREAS, on August 10, 1995, the applicant filed an appeal from the Planning Commission decision with the City Council; and WHEREAS, the City Clerk set the time and place for the City Council hearing on said appeal 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 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely September 12, 1995 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council. Resolution No. 18032 Page 2 NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL DOES hereby find, determine, resolve, and order as follows: I. Findings. The City Council hereby finds that subject to the conditions contained herein, the extended 24-hour operations will provide a convenience and a measure of security to surrounding residents, and that the night time activity levels are not expected to result in a disturbance to neighboring homes, but will be reviewed in one year's time to ensure that in fact is the case. II. The City Council does hereby grant, on the terms herein set forth, the appeal of Unocal from the decision of the Planning Commission denying the extended 24-hour operation. Ill. Conditional Grant of Permit; Conditions. The City Council hereby grants the permit to operate on a 24-hour basis subject to the following conditions whereby: A, Authorization for the 24-hour operations shall apply only to gasoline and snack shop sales. It shall not apply to any automotive services, which shall be restricted to the hours between 7:00 a.m. and 11:00 p,m., nor shall it apply to any future expansion of operations which shall require ~'T' separate consideration of hours of operation. B. The applicant shall confer with and comply with all of the requirements of the Chula Vista Police Department as referenced in Attachment A, incorporated herein by this reference, and shall submit evidence of such compliance within 30 days of the approval of this resolution, or said resolution shall be deemed void and ineffective. C. The applicant shall comply with City performance standards and ensure that the lighting on the premises does not impact off-site areas. Applicant shall submit for City approval a plan to modify on site lighting to meet the City's lighting performance standards and the lighting requirements set forth in Attachment A. D. This approval shall expire on September 12, 1996, and thereafter, the Applicant will no longer be allowed to continue its 24 hour operations, as herein permitted, after this date. Applicant understands that the duration of this approval may not provide the Applicant with an opportunity to receive a reasonable return on any investment incurred as a result of the terms and conditions of this decision. Applicant acknowledges its understanding that any such investment will be made at the Applicant's risk. That notwithstanding, the Zoning Administrator may grant an extension ~' of the term of this approval, on such conditions as he/she deem just, after notice to the surrounding residents and upon a finding by the Resolution No. 18032 Page 3 Zoning Administrator that the health, safety and welfare of the neighborhood is not adversely impacted by the 24 hour operation of the premises. Applicant must apply for and receive the extension prior to the expiration date. If the Zoning Administrator finds an adverse impact, the extension request shall be directed at the Applicant's expense to public hearing before the Planning Commission. IV. Additional Terms and Provisions of Grant. A. Post-Approval Condit'ions. This approval shall be subject to any and all new, modified, or deleted conditions imposed after adoption of this resolution to advance a legitimate governmental interest related to health, safety or welfare which City shall impose after advance written notice to the grantee and after the City has given to the grantee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Grantee of a substantial revenue source which the Grantee can not, in the normal operation of the approval granted, be expected to economically recover. B. Time to Commence Use. This approval shall become void and ineffective if not utilized within one year from the effective date thereof. C. A copy of this resolution shall be recorded against the property, known as 1495 Melrose Avenue. D. Any violation of the terms or conditions of this permit shall be grounds for revocation or modification of the permit. V. A copy of this resolution shall be transrnitted to the applicant. Presented by Approved as to form by Robert Leiter Bruce M. Boogaard Director of Planning City Attorney