HomeMy WebLinkAboutReso 1993-17141 RESOLUTION NO. 17141
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA REVERSING THE DECISION OF THE ZONING ADMINISTRATOR
AND THEREBY DENYING THE ISSUANCE OF CONDITIONAL USE
PERMIT PCC-93-10 FOR BEER AND WINE SALES AT 1498 MELROSE
AVENUE
WHEREAS, Texaco Refining and Marketing, Inc. ("Texaco") has represented
that they are the owners of the real property commonly known as 1498 Melrose
Avenue in the City of Chula Vista {"Property"); and,
WHEREAS, the Property is in a C-N Zone; and,
WHEREAS, Texaco has indicated a desire to improve the Property with a
Texaco mini-market, and in conjunction therewith engage in the sale of alcoholic
beverages for off-site use or consumption; and,
WHEREAS, Section 19.34.030 (H) of the Chula Vista Municipal Code requires
that a conditional use permit ("CUP") be granted to allow the use of the Property
in the manner desired; and,
WHEREAS, Texaco has applied to the City for a conditional use permit as
required by said Section 19.34.030 (H) which application was filed with the
Planning Department of the City of Chula Vista on September 15, 1992, by Texaco;
and,
WHEREAS, pursuant to the authority vested in the Zoning Administrator by
Section 19.14.030 {A) (6) to grant such a conditional use permit, the Zoning
Administrator did set 3:00 p.m., October 1, 1992, in Conference Rooms 2 and 3,
Public Services Building, 276 Fourth Avenue, as the time and place for a hearing
on said conditional use permit application, No. 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
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 granted conditional use permit No. PCC-
93-10 based on the findings and subject to the conditions contained in his letter
of January 7, 1993; and,
WHEREAS, on January 14, 1993, within the time allowed by law for an appeal
pursuant to the provisions of Section 19.14.030{A)(6}, Councilman Robert P. Fox
filed an appeal of the Zoning Administrator's grant of permit; and,
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Resolution No. 17141
Page 2
WHEREAS, upon the filing of a timely appeal, the grant of the CUP is
suspended, and the jurisdiction to grant, modify, condition or deny the CUP is
transferred to the authority hearing the appeal; and,
WHEREAS, as required by Section 19.14.030 (A) (6), the City Clerk set the
time and place for a hearing on said appeal and notice of said hearin9 together
with its purpose was 9iven by its publication in a newspaper of 9eneral
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, and
WHEREAS, the City Council, by a vote of 4-1, directed staff to prepare
candidate findings that would support a decision of denial of said CUP No. PCC-
93-10, and to return said candidate findings for the Council's consideration at
their meeting of June 15, 1993; and,
WHEREAS, the City Council took up the appeal of the 9ranting of said CUP
No. PCC-93~10 again at their meeting of June 15, 1993, and as a result thereof,
adopted this resolution:
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL hereby finds,
determines, orders and directs as follows:
SECTION 1. Section 19.14.080 of the Chula Vista Municipal Code requires the
permit-granting authority, in this case, the City Council, to
make each of the following findings, and with regard to such
finding, the City Council finds as follows:
A. 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.
Finding No. 1: The proposed use on the Property is not necessary
to provide a service or facility which will contribute to the
general well being of the neighborhood or community. Beer and
wine and other alcoholic beverage products are presently
available at four existing facilities in the immediate area.
This existing availability of alcoholic beverage products is
adequate to meet existing demand for the product.
Finding No. 2: The proposed use on the Property is not desirable
to provide a service or facility which will contribute to the
general well being of the neighborhood or community. Evidence
disclosed at the public hearing demonstrates that the
neighborhood suffers from a problem with minors and youth gangs
loitering and drinking in the area and in the cul-de-sac streets
Resolution No. 17141
Page 3
in the vicinity of the Property. It is common practice for
alcohol to be purchased for juveniles at two of the existing
alcoholic beverage sales facilities in the immediate area.
B. 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.
Finding No. 3: Such use will, under the circumstances of this
case, be detrimental to the general welfare of persons residing
or working in the vicinity. The approval of this facility in
combination with the existing facilities will result in an over
concentration of alcoholic beverage sales facilities and is
therefore likely to exacerbate the existing problem with minors
and youth gangs loitering and drinking in the immediate area,
thereby threatening the security and enjoyment of surrounding
residents and business persons.
Finding No. 4: Such use will, under the circumstances of this
case, result in an overconcentration of such facilities. There
are currently four existing commercial establishments in the
immediate vicinity of the Property that engage in a similar or
identical use.
C. That the proposed use will comply with the regulations and
conditions specified in the code for such use.
Finding No. 5: Such use will comply with the regulations and
conditions specified in the code for such use.
D. 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.
Finding No. 6: The granting of this CUP will adversely affect
the general plan of the City. The Housing Element of the General
Plan calls for the protection of the quality-of-life of existing
settlements within the planning area. It is found that the
approval of an additional alcoholic beverage sales facility
within this particular neighborhood would threaten the quality-
of-life for surrounding residents and business persons based on
the findings noted above.
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Resolution No. 17141
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SECTION 2. The City Council does hereby reverse the decision of the Zoning
Administrator and denies granting CUP No. PCC-93-10 for the sale of
beer and wine at the subject Property.
Presented by Approved as to form by
Robert Leiter Bruce Boogaard
Director of Planning City Attorney
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Resolution No. 17141
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PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 15th 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:
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. 17141 was duly passed, approved,
and adopted by the City Council held on the 15th day of June, 1993.
Executed this 15th day of June, 1993.
Beverly~.' Authelet, Cit~ Clerk
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