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HomeMy WebLinkAboutReso 1993-17134 NOT APPROVED RESOLUTION NO. 17134 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AFFIRMING THE DECISION OF THE ZONING ADMINISTRATOR AND THEREBY APPROVING THE ISSUANCE OF CONDITIONAL USE PERMIT PCC-g3-10 FOR BEER AND WINE SALES AT 1498 MELROSE AVENUE WHEREAS, a duly verified ap lication for conditional use permit in accordance with Section 19.34.030(H~ of the Chula a f Vista Municipal Code was iled with the Planning Department of the City of Chula Vista on September 15, 1992, by Texaco Refining and Marketing, Inc.; and, WHEREAS, said application requested approval to sell beer and wine at a proposed Texaco mini-market at 1498 Melrose Avenue in the C-N zone; and, WHEREAS, the Zoning Administrator set the time and place for a hearing on said conditional use permit application, PCC-93-10, and notice of said hearing, together with its purpose, was given by 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 3:00 p.m., October 1, lg92, in Conference Rooms 2 and 3, Public Services Building, 276 Fourth Avenue, before the Zoning Administrator and said hearing was thereafter closed; and, WHEREAS, the Environmental Review Coordinator has determined that the proposal is exempt from environmental review as a minor alteration in land use in accordance with Section 15305 Class 5 of the CEQA Guidelines and Class 5F of the City of Chula Vista Environmental Review Procedures; and, WHEREAS, the Zoning Administrator conditionally approved conditional use permit PCC-93-10 based on the findings and subject to the conditions contained in his letter of January 7, lg93; and, WHEREAS, on January 14, 1993, Councilman Robert P. Fox filed an appeal of the Zoning Administrator's decision on PCC-93-10 in accordance with the provisions of CVMC Section lg.14.030{A){6); 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 4:00 p.m., Tuesday, June 1, 1993, in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. ' !1 If' · Resolution No.17134 Page 2 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. Beer and wine are products which are widely purchased by the public and which are normally available in all grocery and convenience markets. The C-N zone is specifically designed to provide convenience shopping for the surrounding neighborhood areas. Absent a finding of overconcentratlon or other adverse impact, the availability of beer and wine among the other products available at the Texaco mini-market is considered a desirable convenience for those in the surrounding areas who patronize the Texaco facility. 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 or result in an overconcentration of such facilities. The location of the mini-market in the central portion of the site, surrounded by circulation drives and with no exclusive pedestrian areas adjacent to the building, will discourage the loitering and second party alcohol purchases which have been a concern in the area. The proposal as conditioned is not expected to have an adverse impact on crime or traffic and will not result in an overconcentration of alcohol sales facilities in terms of ABC standards or in terms of negatively affecting the character of the area by a proliferation of businesses primarily dealing with alcoholic beverages. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The use shall be required to comply with all applicable codes, conditions and regulations prior to occupancy and on a continuing basis thereafter. The permit has been approved for an initial one year period in order to provide for monitoring and review and to ensure that the sale of beer and wine has not had an unforeseen adverse impact on the area. 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 granting of the permit would not affect the General Plan or any other adopted plan or policy. BE IT FURTHER RESOLVED THAT THE CITY COUNCIL hereby affirms the decision of the Zoning Administrator and approves PCC-93-10 subject to the following conditions: Resolution No. 17134 Page 3 1. This permit shall not become valid or effective unless and until Conditional Use Permit PCC-g1-24 is approved to establish a mini-market on the property. 2. There shall be no video games associated with the operation. 3. A complete exterior lighting plan shall be submitted for review and approval by the Director of Planning prior to issuance of building permits. The plan shall be designed so as to provide uniform lighting and avoid shadow areas adjacent to the facility, but also avoid glare onto adjacent residential areas. 4. There shall be no advertising or promotional signs for beer and wine visible from the exterior of the store. 5. Landscaped areas adjacent to the building shall contain plant materials which discourage human contact. 6. Beer and wine shall only be displayed in cooler #'s 9, 10 and 11 and a maximum 25 sq. ft. floor display area as shown on the floor plan submitted with the application. There shall be no other permanent or temporary promotional displays of alcoholic beverages. If the floor display area should attract "beer runners", it shall be removed at the sole discretion and direction of the Zoning Administrator in consultation with the Police Department. 7. Any outside pay phone shall be incapable of receiving incoming calls. Should such a pay phone attract loitering or otherwise be overused by juveniles, it shall be removed at the sole discretion and direction of the Zoning Administrator in consultation with the Police Department. 8. The conditional use permit shall be approved for a period of one year following the issuance of a certificate of occupancy. At the end of that time, the permit shall be reviewed to determine whether the sale of alcoholic beverages has exacerbated the problems with minors loitering or drinking in the area or has led to an increase in the number of reported crimes, in which case the permit shall be reconsidered for possible inclusion of additional conditions or for revocation. 9. This permit shall be subject to any and all new, modified, or deleted conditions imposed after approval of this permit 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 or condition, may not impose a substantial expense or deprive permittee of a substantial revenue source which the permittee cannot, in the normal operation of the use permitted, be expected to economically recover. 10. This conditional use permit shall become void and ineffective if 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 ' II it' Resolution No.17134 Page 4 condition of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. Presented by Approved as to form by Robert Leiter Bruce M. Boogaard Director of Planning City Attorney Resolution No. 17134 Page 5 NOT PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 1st day of June, 1993, by the following vote: YES: Councilmembers: Fox, Horton, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: Beverly A. Authelet, City Clerk ' II It'