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HomeMy WebLinkAboutReso 1993-17133 RESOLUTION NO. 17133 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AFFIRMING THE DECISION OF THE PLANNING COMMISSION AND THEREBY APPROVING THE ISSUANCE OF CONDITIONAL USE PERMIT PCC-g1-24 TO REDEVELOP A SERVICE STATION AND ADD MINI-MARKET AND CAR WASH AT 1498 MELROSE AVENUE WHEREAS, a duly verified ap lication for conditional use permit in accordance with Sections 19.34.030~A),(G) and (H) a of the Chula Vista Municipal Code was filed with the Planning Department of the City of Chula Vista on December 5, 1990 by Texaco Refining and Marketing, Inc.; and, WHEREAS, said application requested approval to redevelop an existing service station site into a self-service gas facility with mini-market and car wash at 1498 Melrose Avenue in the C-N Neighborhood Commercial zone; and, WHEREAS, the Planning Director 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 500 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., January 8, 1992, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, WHEREAS, the Commission found that the project would have no significant environmental impacts and adopted the Mitigated Negative Declaration issued on IS-91-22, and voted 5-2 to approve the conditional use permit based on the findings and subject to the conditions contained in Resolution PCC-91-24; and, WHEREAS, at the meeting of February 4, 1992, the City Council, in consideration of PCA-91-02, a companion request to amend the Municipal Code to allow automated drive-thru car washes in the C-N Neighborhood Commercial zone subject to a conditional use permit, appealed the decision of the Planning Commission on PCC-91-24; and, WHEREAS, the City Clerk set the time and place for a 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 ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., Tuesday, February 25, 1992, in the Council Chambers, 276 Fourth Avenue, before the City Council; and, WHEREAS, the City Council, at the recommendation of staff and with the concurrence of the applicant, continued the public hearing to the meeting of March 24, 1992, April 28, 1992, and May 12, 1992, at which time Council voted to postpone the appeal on PCC-91-24 until after the consideration/adoption of a review process for alcohol sales facilities in C-N zones; and, Resolution No. 17133 Page 2 WHEREAS, on August 25, lg92, by Ordinance No. 2526, the City Council adopted a review process for alcohol sales facilities in C-N zones; and, WHEREAS, the staff with the concurrence of the applicant agreed to process the request for alcohol sales prior to hearing the appeal on PCC-91-24; and, WHEREAS, on January 7, 1993, the Zoning Administrator conditionally approved Conditional Use Permit PCC-g3-10 to sell beer and wine at the Texaco Mini-Market, subject to the approval of PCC-gl-24; and, WHEREAS, on January 14, 1993, Councilman Fox filed an appeal of the Zoning Administrator's decision on PCC-93-10, said appeal to be forwarded directly to the City Council; and, WHEREAS, the applicant requested that the appeals on both PCC-g1-24 and PCC-g3-10 be heard by the City Council concurrently; and, WHEREAS, the City Clerk set the time and place for a hearing on the appeal of PCC-91-24 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 and beyond 500 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 4:00 p.m., June 1, 1993, in the Council Chambers, 276 Fourth Avenue, before the ~ City Council and said hearing was thereafter closed; and, WHEREAS, the Environmental Review Coordinator conducted an Initial Study, IS-91-22, and Addendum of potential environmental impacts associated with the implementation of the project, and concluded there will be no significant environmental impacts due to required mitigation measures, and recommends adoption of the Mitigated Negative Declaration and Addendum issued on IS-91-22; and, WHEREAS, the City Council hereby adopts the Mitigated Negative Declaration and Addendum issued on IS-91-22. NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL hereby finds as follows: 1. That the proposed use at the 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 proposed self-serve gas, mini-market, and car wash facility will serve the needs of the residents in the surrounding area. 2. That such use will not 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. Resolution No. 17133 Page 3 The proposal will upgrade the appearance of the site and comply with the City's noise standards. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The project will be required to comply with all applicable codes, conditions and regulations prior to the issuance of development permits. 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 approval of this permit as conditioned is consistent with City policies and plans. BE IT FURTHER RESOLVED THAT THE CITY COUNCIL hereby affirms the decision of the Planning Commission and approves PCC-g1-24 subject to the following conditions: 1. There shall be no sales of alcoholic beverages unless approved under a separate conditional use permit (Reference PCC-g3-10). 2. The applicant and successors in interest shall be responsible for repairing any water damage to public improvements resulting from the operation of the car wash. Failure to accept said responsibility shall be cause for this permit to be reviewed by the City for additional conditions or revocation. 3. The proposal shall comply with the plan approved by the Design Review Committee {Ref. DRC-g2-01). 4. The car wash facility shall not be in operation between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and 10 p.m. and 8:00 a.m. on weekends. 5. The car wash facility shall use the noise reduction equipment package as outlined in the Colia Acoustical Report, May 16, 1991. 6. A soils investigation shall be conducted, and a summarizing soils report shall be prepared by a qualified soils consultant prior to the issuance of a building permit. 7. All remedial grading on site shall be performed in accordance with the soils report prepared for the site; and to the grading standards of the City of Chula Vista. 8. The project design shall comply with the seismic design requirements of the Uniform Building Code or the Structural Engineers Association of California, to the satisfaction of the City Engineer and/or Building Official. 9. Fi re Department permits shall be obtained for the removal of underground I I iF' Resolution No. 17133 Page 4 fuel tanks, installation of fuel tanks and for related piping and dispenser installation. 10. The Fire Department shall inspect and approve the fuel tank removal and installation of fuel tanks and associated piping and dispenser lines. 11. All provisions outlined in the Uniform Fire Code, Article 79, Division IX shall apply to this project. 12. The applicant shall agree to no net increase in water consumption or participate in whatever water conservation or fee offset program the City of Chula Vista has in effect at the time of building permit issuance. 13. Installation of low flow toilets, faucet aerators, hot water pipe insulation and pressure reducing valves will be required. 14. Water conserving irrigation systems, drought tolerant landscaping, and water conserving grading/construction practices will be required. 15. Eighty percent (80~} reclaimed water shall be used for all car wash operations. 16. A seven {7} foot street dedication will be required along the length of Orange Avenue to the satisfaction of the City Engineer. 17. This permit 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 permittee and after the City has given to the permittee 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 Permittee of a substantial revenue source which the Permittee can not, in the normal operation of the use permitted, be expected to economically recover. 18. This conditional use permit shall become void and ineffective i f not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any condition of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. tob~~ Presented by /,,,~~2t_ Robert Leiter Bruce M. Boogaa Director of Planning City Attorne ~ l Resolution No. 17133 Page 5 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 1st day of June, lg93, by the following vote: YES: Councilmembers: Fox, Hotton, Rindone, Nader NOES: Councilmembers: Moore ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ATTEST: Beverl~A/Aut~elet, City Cl~rk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 17135 was duly passed, approved, and adopted by the City Council held on the 1st day of June, 1993. Executed this 1st day of June, 1993. Beverly~.Autfielet, City Clerk ' II IF