HomeMy WebLinkAboutReso 2023-031 DOC# 2023-0086860
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Recording requested Apr 04, 2023 04:28 PM
by: OFFICIAL RECORDS
City of Chula Vista JORDAN Z. MARKS,
After recording return SAN DIEGO COUNTY RECORDER
to:
FEES: $0.00 (SB2 Atkins: $0.00)
City Clerk's Office PAGES: 13
City of Chula Vista
276 Fourth Avenue
Chula Vista,CA 91910
Fee Exempt-
Gov't Code 6103
This space for Recorder's use only
RESOLUTION NO.2023-031
RESOLUTION NO. 2023-031
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA GRANTING THE APPEAL OF MARCO POLO
CORTES AND APPROVING CONDITIONAL USE PERMIT
(CUP22-0023) TO PERMIT THE SALE OF BEER AND WINE
AT THE US SUPER GAS, INC. GAS STATION AND MINI-
MART LOCATED AT 1495 MELROSE AVENUE IN THE CITY
OF CHULA VISTA
WHEREAS, the parcel of land which is the subject matter of this Resolution is depicted
in Exhibit "1", attached hereto and incorporated herein by this reference, and for the purpose of
general description consists of 0.33 acres located at 1495 Melrose Avenue, APN 624-080-07-00,
("Project Site"); and
WHEREAS, on July 12, 2022, a duly verified application requesting approval of a
Conditional Use Permit ("CUP") was filed with the City of Chula Vista Development Services
Department by US Super Gas, Inc. ("Applicant"); and
WHEREAS, said Applicant requests approval of a CUP to allow the Applicant to sell
beer, wine, and distilled spirits (Type 21 ABC license) at the existing gas station and mini mart,
(aw for off-site consumption only("Project") on said Project Site; and
WHEREAS the Director of Development Services has reviewed the proposed Project for
compliance with the California Environmental Quality Act ("CEQA") and has determined that
the project qualifies for a Class 1 Categorical Exemption pursuant to 15301 (Existing Facilities)
of the State CEQA Guidelines. The proposed project consists of negligible or no expansion of an
existing use. Thus, no further environmental review is required; and
WHEREAS, on November 16, 2022, a duly noticed public hearing was set before the
Zoning Administrator for the consideration of the CUP, and upon conclusion of said public
hearing, on December 2, 2022, the Zoning Administrator issued a Notice of Decision denying
the issuance of the CUP; and
WHEREAS, on December 15, 2022, the Applicant timely and properly filed with the
City Clerk of Chula Vista, a duly verified appeal of the Zoning Administrator's December 2,
2022,Notice of Decision ("Appeal"); and
WHEREAS, a hearing time and place was set by the Chula Vista City Clerk for
consideration of the Appeal and notice of said public hearing, together with its purpose, was
given by its publication in a newspaper of general circulation in the City at least ten (10) days
prior to the hearing; and
Resolution No. 2023-031
Page No. 2
WHEREAS, after review and consideration of the Appeal, Staff Report, and related
materials, the Chula Vista City Council held a public hearing regarding the Appeal, on January
17, 2023, at 5:00 p.m. in the Council Chambers, 276 Fourth Avenue, wherein the Chula Vista
City Council took public testimony and heard staffs' presentation; and
WHEREAS, on January 17, 2023, following staff's presentation and hearing of public
comments, the Chula Vista City Council considered all reports, evidence and testimony
presented, voted 3-1-0 to grant the Applicant's Appeal, and directed staff to return with an
appropriate resolution based on the findings and in accordance with the conditions listed below;
and
WHEREAS, after the January 17, 2023, City Council meeting, City staff reviewed and
confirmed that the required mailed notices to owners/occupants within a 500-foot radius for this
Appeal item were not mailed as required by Chula Vista Municipal Code ("CVMC") Section
19.12.070(B); and
WHEREAS, this resolution is to allow for a Type 20 ABC license for beer and wine only
sales at the Project Site; and
WHEREAS, after review and consideration of the Appeal, staff report, and related
materials, the Chula Vista City Council held a duly noticed public hearing on the Appeal, on
March 7, 2023, at 5:00 p.m. in the Council Chambers, 276 Fourth Avenue, wherein the Chula
Vista City Council took public testimony and heard staffs' presentation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby find, determine, and resolve as follows:
1. The Appeal of the Notice of Decision for Conditional Use Permit No. CUP22-0023 is
hereby granted under the provisions of CVMC Section 19.14.130, based on the following
Findings of Fact in accordance with CVMC Sections 19.14.080 and 19.58.430.
II. CUP FINDINGS FOR APPROVAL
1. That the proposed use at this 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 existing US Super Gas service station is a retail commercial business which is
located in an area that supports other retail commercial businesses that sell beer and
wine; therefore, the use is consistent with other uses in the surrounding area. Approval
of this Project, with the identified Conditions of Approval in Section IV of the
Resolution below, would contribute to the general well-being of the neighborhood by
encouraging competition in retail sales and would benefit the Applicant's customers
by providing more convenient availability of beer and wine. Three other nearby retail
businesses have Off-sale alcohol licenses issued by the California Department of
Alcohol Beverage Control ("ABC"), of which this permit would join giving residents
and patrons more flexibility of choice in the neighborhood.
Resolution No. 2023-031
Page No 3
2. That such use will, under the circumstances of the particular case, not be
(46AW 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.
The Applicant is required to obtain an ABC Type-20 license for beer and wine sales only,
in compliance with all applicable state and local regulations. Additionally, to preserve the
health, safety, and/or general welfare of the neighborhood resident and visitors, Conditions
of Approval have been recommended by the Chula Vista Police Department ("CVPD") to
be included in the CUP. A detailed list of such Conditions are included in Section IV of
this Resolution. Such conditions of approval include, but are not limited to, the following:
• The sale of alcoholic beverages shall only be permitted between the hours of
8:00 am to midnight each day of the week;
• Loitering is prohibited on or around the Project Site premises or areas under
the control of the Applicant;
• The Applicant shall be responsible for maintaining a litter- and graffiti-free
area on and adjacent to the premises over which they have control. Any
graffiti on said property shall be removed within 48 hours of when it appears;
• The use of any amplifying system or device inside the premises shall not be
audible beyond the area of the Applicant's control;
(av,
• No single-container beer or malt beverage products shall be sold regardless of
container size, but must be sold in the manufacturer's pre-packaged, multi-
unit quantities;
• All employees selling alcohol shall attend ABC's Licensed Education and
Drugs ("LEAD") training;
• Sale of alcoholic beverages is limited to off-site consumption only, and when
considered in conjunction with the recommended conditions of approval, any
adverse impacts to the immediate surrounding neighborhood would be
minimized.
Additional conditions of approval have been set by the Chula Vista Development Services
Department and are designed to ensure the Applicant will enhance the appearance of the
Project site and building, including,but not limited to, the following:
• That adequate exterior lighting be provided to enhance safety and visibility;
• That exterior signage or advertising of alcohol sales be prohibited;
• That signage will be required to obtain approval of sign permits, as necessary,
and that un-permitted signage shall be removed;
Resolution No. 2023-031
Page No. 4
• That existing landscaping will be refreshed, including replacement of dead
and missing plants, and maintenance and repair of the irrigation system, as
necessary.
• That the parking lot pavement will be repaired and re-striped.
3. That the proposed use will comply with the regulations specified in the CVMC
for such use.
Granting of this CUP is conditioned to require the Applicant to fulfill the conditions of
approval and to comply with all applicable regulations and standards specified in the
CVMC for such use. These conditions will be enforced through inspections prior to
occupancy of the use and subsequent operation of the business. Furthermore, the
conditions of this permit are approximately in proportion to the nature and extent of
the impact created by the project in that the conditions imposed are directly related to,
and of a nature and scope related to the size and impact of the project. The project will
comply with all regulations and conditions specified in the CVMC for similar types of
uses.
4. That the granting of this CUP will not adversely affect the General Plan of the
City or the adopted plan of any government agency.
The General Plan designates the site as Commercial Retail, which permits commercial
land uses. A gas station with a convenience store component selling beer and wine is
consistent with the Commercial Retail General Plan Land Use designation, upon
approval of a CUP. Thus, the proposed convenience store component selling beer and
wine is consistent with the General Plan Land Use and Transportation Element and
will not adversely affect implementation of the City's General Plan.
III. CVMC SECTION 19.58.430, LIQUOR STORES IN THE COMMERCIAL-
NEIGHBORHOOD ZONE, FINDINGS FOR APPROVAL:
The proposed use, a gas station with a convenience store component selling beer and
wine, is a conditional use that is addressed in the Commercial — Neighborhood ("CN")
Zone, CVMC Section 19.34.030(F), and therefore requires approval of a CUP. CVMC
Section 19.58.430 states that a CUP shall not be granted unless the issuing authority
finds, in their discretion, based on substantial evidence in view of the entire record, that
the facts required by CVMC Section 19.14.080 exist, and that the CUP will not result in
an over-concentration of such facilities. Over-concentration may be found to exist based
on:
1. The number and location of existing facilities;
The site is located across Melrose Street from the existing Orange Villa Plaza
neighborhood retail center, and a smaller strip-commercial retail center adjacent to
the site on the north of the Project Site. Three other retail businesses which have off-
site ABC licenses are located within 500 ft. of the Project Site. The site is also located
Resolution No. 2023-031
Page No 5
one block from the I-805 freeway and many residents and visitors pass by the Project
Site to gain access to the freeway. However, with the exception of this commercial
node, this area of the City is largely residential and does not have an extensive
amount of land developed with retail commercial uses. The next closest
neighborhood retail centers are 0.75 miles to the west at Hilltop and Orange Avenue,
and to the south at the intersection of Main Street and Melrose Avenue. The nearest
major commercial district is Third Avenue, which is approximately 1.5 miles to west.
To the east, across I-805, the nearest retail commercial center is approximately .65
miles away at the intersection of Brandywine Street and Sequoia Street. In this area
of the City, there is a limited number of retail establishments serving a very large
residential area. The remainder of area within 0.75 mile of the site consists of mostly
single-family residential development, a few multi-family residential buildings along
Orange Avenue, within 5 different census tracts, and is generally auto-oriented in
design. Thus, the Project would provide retail services to residents of a much larger
area than the area of its census tract.
2. Compliance with ABC overconcentration standards in effect at the time of
project consideration;
For off-site retail ABC licenses, under (or over-) concentration means that the
Applicant's premises is located in an area where the ratio of off-sale retail licenses to
population in the census tract or census division in which the Applicant premises are
located exceeds the ratio of off-sale retail licenses to population in the county in
(W which the applicant premises are located. According to ABC, the maximum permitted
number of Off-Site licenses for this census tract is 1.77. This Project would constitute
the fourth ABC license in this census tract. This permit is subject to the CVPD's
conditions of approval, which have been incorporated into the Resolution affirming
the Appeal and approving the CUP.
3. The impact of the proposed facility on crime;
The crime rate for the reporting district is 87.2%, where a 120% crime rate would be
required to constitute a high crime area. Conditions of approval have been included in
the City Council resolution intended to enhance crime prevention and minimize the
potential adverse affects on the community from the sale of alcoholic beverages.
4. The impact of the proposed facility on traffic volume and flow.
The Project does not propose construction or remodeling of the building, which
would trigger building improvements, and the existing driveway design complies
with City standards, therefore no change to the existing vehicle access and driveways
is required. The City has reviewed the Project and determined that the addition of
alcoholic beverage sales to an existing retail business would not significantly increase
the volume of traffic generated. Therefore, the Project does not result in a significant
impact on traffic volume and flow.
Resolution No. 2023-031
Page No. 6
IV. CONDITIONAL USE PERMIT CONDITIONS OF APPROVAL
The following conditions shall apply to the Project Site, and the Applicant or successor-
in-interest shall satisfy these conditions prior to establishment of the use and the
commencement of sales of alcoholic beverages, or at the timeframe specified in the
condition:
PLANNING DIVISION:
1. The Project Site shall be maintained in accordance with the CUP22-0023
approved plans, which include site plans and floor plans on file in the Planning
Division, the conditions contained herein, and the Zoning Ordinance (CVMC
Title 19). The Applicant or successor-in-interest shall remain in compliance with
the conditions as long as the Project relies upon this approval.
2. By signing the lines provided below, the Property Owner and Applicant expressly
affirm that they have each read, understood, and agree to the conditions contained
herein, and will implement the same. Upon execution, this document shall be
recorded with the County Recorder of the County of San Diego,by the City Clerk
of the City of Chula Vista, at the sole expense of the Owner or Applicant, and a
signed, stamped copy of the conformed recorded document shall be submitted to
the Development Services Department Secretary and the City Clerk within ten
days of recordation.
5a/,,,f, 3- 13 - Zo I
Salwan Komo, P operty Owner Date
3 - ) 3- Zo Z3
Salwan Komo, Applicant Date
3. The applicant shall obtain a Type-20 license permitting off-site sales of beer and
wine only, from ABC,prior to commencement of sale of alcoholic beverages. The
Applicant shall comply with the applicable State ABC Laws and City Ordinances,
and all conditions required by the CVPD pertaining to the sale and consumption
of alcoholic beverages.
Resolution No. 2023-031
Page No 7
Upon certification by the Development Services Department for occupancy or
(low establishment of use allowed by this CUP, the following conditions shall apply:
POLICE DEPARTMENT:
4. Prior to the sale of alcoholic beverages, the Applicant, shall obtain approval of
ABC and operate in compliance with the following requirements requested by the
CVPD that are justified by the California Business & Professions Code and are
necessary to maintain public safety and prevent nuisance activities:
a. Sales of alcoholic beverages shall be for beer and wine only and comply with
all requirements of the approved ABC license.
b. Sales of alcoholic beverages shall be permitted only between the hours of 8:00
AM and midnight daily.
c. No wine shall be sold with an alcohol content of greater than 17% by volume
except for "Dinner Wines" which have been aged two years or more.
d. Wine shall not be sold in bottles or containers smaller than 750 ml.
e. No beer or malt beverage products shall be sold regardless of container size,
by single containers, but must be sold in manufacturer pre-package multi-unit
(taw quantities.
f. No loitering shall be allowed near the entrance/exit of the business.
g. The Applicant shall police the area under their control in an effort to prevent
loitering of persons about the premises.
h. The Applicant shall remove graffiti within 48 hours.
i. The Applicant shall be responsible for maintaining a litter free area in all areas
under the petitioner(s) control.
j. Signs must be posted at all exits, advising customers that loitering and open
containers of alcohol are prohibited outside of the business and reminding
them not to disturb the neighbors with noise.
k. No beer and wine shall be displayed within five feet of the cash register or the
front door unless it is in a permanently affixed cooler.
1. No advertisement of beer and wine shall be displayed at motor fuel islands.
m. No display or sale of beer or wine shall be made from an ice tub.
Resolution No. 2023-031
Page No. 8
PLANNING DIVISION:
5. This permit is valid for operation of a gas station and associated convenience
store with off-site sale of beer and wine, pursuant to CVMC 19.34.010.
6. The Applicant shall operate the Project in compliance with the Performance
Standards, CVMC Chapters 19.66 and Performance Standards and Noise Control,
Chapter 19.68.
7. Within 30 days of approval of this permit, the Applicant shall submit signage
plans to the satisfaction of the Development Services Department to determine if
the Project signage complies with the Sign Ordinance (CVMC Chapter 19.60) and
CN Zone (CVMC Section 19.34.010). If this review shows the existing signage is
not in compliance, the applicant shall apply to the Development Services
Department for sign permits to modify the Project signage. Information regarding
the type, size and location of all signs must be included in the plans. Any un-
permitted signage must be removed within 30 days. Signs advertising specific
products, or services or uses that are not permitted in the CN Zone or Sign
Ordinance, shall not be permitted.
8. The parking lot of the premises shall be equipped with lighting of sufficient
power to illuminate and make easily discernible the appearance and conduct of all
persons on or about the parking lot. Additionally, the position of such lighting
shall not disturb the normal privacy and use of any neighboring residences.
9. There shall be no exterior advertising or sign of any kind or type, including
advertising directed to the exterior from within, promoting or indicating the
availability of alcoholic beverages. Interior displays of alcoholic beverages or
signs, which are clearly visible to the exterior, shall constitute a violation of this
condition.
10. The Applicant shall operate the business in compliance with CVMC Chapter 9.17:
Drug Paraphernalia-Prohibited, and CVMC Chapter 5.37: Narcotic or Drug
Paraphernalia Shops.
11. Pursuant to CVMC Section 19.34.180, each year prior to issuance or renewal of
the business license, the Applicant shall present evidence to the satisfaction of the
Director of Development Services showing compliance with CVMC Section
19.34.090 and 19.34.120, including that the Project is continuing to operate in
compliance with the permitted uses and other requirements described in the CN zone.
12. Exterior site lighting shall be provided to enhance safety and visibility. Light
fixtures shall be shielded to confine light within the site and prevent glare into
adjacent properties, in compliance with CVMC Section 19.66.100. 1J
Resolution No. 2023-031
Page No 9
13. Within 60 days of approval of this permit, the existing landscaping shall be
refreshed, including replacement of dead and missing plants, and maintenance and
repair of the irrigation system.
14. The Applicant shall ensure that the landscaping is watered and well-maintained
and the site is kept clean of trash and debris.
15. Within 60 days of approval of this permit, the Applicant shall repair or replace
any damaged curb, gutter, and sidewalk, and if required, obtain an encroachment
permit prior to the commencement of the work.
16. Within 60 days of approval of this permit, the parking lot pavement shall be
repaired or resurfaced, and parking spaces, including the accessible space and
accessible loading zone, shall be cleared of any obstructions and re-striped per the
approved site plan.
17. If a formal complaint is received by the Director of Development Services, or if
the Director determines that the Applicant is not operating in compliance with the
conditions of approval of this permit, then the Director has the discretion to
initiate an investigation which may include requesting the applicant to submit
plans, technical studies, or other information deemed necessary to respond to the
complaint or non-compliance issue. After review, the Director has the discretion
to either maintain the existing CUP, modify the CUP, or revoke the CUP,
pursuant to the requirements of CVMC Section 19.14.270.
18. Prior to approval of any request for an amendment of the approved ABC license
or this CUP, the Applicant shall submit and obtain approval of an application
requesting a substantial conformance review or modification of this CUP, for
consideration by the Director of Development Services and the CVPD.
19. Approval of this Project shall not waive compliance with all sections of Title 19
of the CVMC, including the Sign Ordinance, and all other applicable City
Ordinances in effect at the time of the approval of this CUP.
20. This permit shall become void if not used or extended within three years of the
effective date thereof (March 7, 2026) in accordance with Section 19.14.260 of
the CVMC. Failure to comply with any conditions of approval shall cause this
permit to be reviewed by the City for additional conditions or revocation.
21. The Applicant shall and does hereby agree to timely and fully indemnify,
reimburse, protect, defend and hold harmless the City, its Zoning Administrator,
City Council members, officers, employees, agents and representatives, from and
against all liabilities, losses, damages, demands, claims and costs, including any
costs and expenses to prepare the administrative record for any challenge to the
Project approvals and/or compiling a response to a Public Records Act request(s)
(aw to provide the record of proceedings materials for the Project, the City's costs to
Resolution No. 2023-031
Page No. 10
retain its own defense counsel to defend any challenges to any Project-related
approvals, court costs and attorney's fees (collectively, "liabilities") incurred by
the City arising, directly or indirectly, from (a) City's approval and issuance of
this permit, (b) City's approval or issuance of any other permit or action, whether
discretionary or non-discretionary, in connection with the use contemplated by the
permit, and (c) Applicant's installation and operation of the facility permitted.
The Applicant shall acknowledge their agreement to this provision by executing a
copy of this CUP, upon approval of the City Council. Applicant's compliance
with this provision is an express condition of this permit and this provision shall
be binding on any and all of the Applicant's/operator's successors and assigns.
V. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted, deny, or further condition issuance of all
future building permits, deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted, institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. The
applicant or a successor in interest gains no vested rights by the City's approval of this
CUP.
VI. INVALIDITY: AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent
upon the enforceability of each and every term, provision, and condition herein stated;
and that in the event that any one or more terms, provisions, or conditions are determined
by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this
Resolution and the permit shall be deemed to be automatically revoked and of no further
force and effect.
VII. GOVERNMENT CODE SECTION 66020 NOTICE
Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that
the 90 day period to protest the imposition of any impact fee, dedication, reservation, or
other exaction described in this resolution begins on the effective date of this resolution
and any such protest must be in a manner that complies with Section 66020(a) and failure
to follow timely this procedure will bar any subsequent legal action to attack, review, set
aside, void or annul imposition. The right to protest the fees, dedications, reservations, or
other exactions does not apply to planning, zoning, grading, or other similar application
processing fees or service fees in connection with this project; and it does not apply to
any fees, dedication, reservations, or other exactions which have been given notice
similar to this, nor does it revive challenges to any fees for which the Statute of
Limitations has previously expired.
Resolution No. 2023-031
Page No 11
Presented by Approved as to form
r�
By:
aura C. B ck,AICP `sill D a and
Direct f Development Services Louns ery Ferguson Altona&Peak
Acting City Attorney
PASSED,APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 7th day of March 2023 by the following vote:
AYES: Councilmembers: Cardenas, Chavez, Gonzalez, Preciado, and McCann
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
C_
,. ohn McCann,Ma or
ATTEST:
Kerry"igelowLMMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2023-031 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 7th day of March 2023.
Executed this 7th day of March 2023.
Kerry K.(Bigelow, C, City Clerk
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WIN T CUP22-0023
CHULA VISTA DEVELOPMENT SERVICES DEPARTMENT
PROJECT PROJECT DESCRIPTION:
LOCATOR APPLICANT: US Super Gas, Inc. CONDITIONAL USE PERMIT
PROJECT 1495 Melrose St. Project Summary: Sale of beer,wine,and distilled spirits for
ADDRESS:
consumption off the premises. Existing gas station and food mart.
SCALE: FILE NUMBER:
NORTH No Scale CUP22-0023 Related cases:None
J:\PIanning\Public Notices\CUP\CUP22\CUP22-0023.pdf