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HomeMy WebLinkAbout2004-02-11 PC MINS MINUTES OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA Council Chambers 6:00 p.m. Public Services Building VVednesday, February 11, 2004 276 Fourth Avenue, Chula Vista ROLL CALU MOTIONS TO EXCUSE: Present: Madrid, Hall, Cortes, Horn, Felber Absent: Castaneda, O'Neill Staff Present: Luis Hernandez, Deputy Planning Director Stan Donn, Associate Planner Dave Hanson, Deputy City Attorney I MSC (Hall/Felber)(4-O) to excuse Commissioners Castaneda and O'Neill. Motion carried. PLEDGE OF ALLEGIANCE/SILENT PRAYER INTRODUCTORY REMARKS: Read into the record by Vice Chair Cortes APPROVAL OF MINUTES: MSC (Horn/Felber) (4-0-2-1) to approve minutes of November 12, 2003 as submitted. Motion carried. MSC (Cortes/Hall) (5-0) to approve minutes of January 21,2004 as submitted. Motion carried. MSC (Hall/Madrid)(4-O) to approve minutes of January 28, 2004 as submitted. Motion carried. ORAL COMMUNICATIONS: No public input. 1. PUBLIC HEARING: PCC 03-100; Consideration of a Conditional Use Permit to construct and operate a 24-hour gas station, food mart, and an automated carwash at 765 E Street. Applicant: Attisha Enterprises, Inc. Backgound: Stan Donn, Associate Planner reported that the applicant is proposing Planning Commission Minutes - 2 - February 11, 2004 to construct and operate an ARCO 24-hour gas station, food mart and an automated car wash. The project involves a .82 acres (35,000 sf) at the northeast corner of E Street and 1-5, formerly occupied by a Mobil gas station and convenience store. The surrounding land uses include a motel to the north, a McDonalds Drive-thru restaurant to the east, the Chula Vista Information Center and trolley station to the south. The Design Review Committee approved the site plan and architectural elevation with modifications on January 26, 2003. Extensive discussion was held regarding vehicle stacking and the internal circulation. Access to the site will be served by two driveways along E Street. The gas station contains four fuel-dispensing islands that can serve up 16 vehicles. Islands have been designed perpendicular to E Street with pass-through lanes to facilitate safe internal vehicular circulation. The westerly driveway is restricted to a "right-in-and-out-only", with a posted "no left turn" sign. The parking requirement of 15 spaces to serve employees and customers has been accommodated. Mr. Donn illustrated other gas stations and food-marts within an approximate 1.5 mile radius, depicting three existing gas stations along E Street with food-marts, and four gas stations with food-marts along H Street. All, except two of the seven facilities, are 24-hour operations. The automated car wash anticipates to serve approximately 40-50 cars per day and is proposed to be located at the westernmost portion of the site with the hours of operation to be seven days a week from 7:00 a.m. to 11 :00 p.m. The facility will recycle over 95% of the water and the auto air-drying system will significantly eliminate all or most of the run-off water on the site. Restroom facilities will remain open at all times to the public with access from the interior of the food mart. Another component of this CUP is a proposal to sell beer and wine from 8:00 a.m. to 11 :00 p.m. The Chula Vista Police Department recommended to the ABC that the application for the license to sell alcoholic beverages be denied based on the finding that there is an over-concentration of liquor licenses within the area and a high crime rate. Although staff concurs with the Police Department's recommendation to deny the liquor license, should the applicant desire at a future date to amend the CUP to include the sale of beer and wine, staff remains open to evaluate the proposal should the concentration of establishments with liquor licenses be reduced and/or the crime rate threshold is reduced to an acceptable level. Staff Recommendation: That the Planning consider and adopt the Mitigated Planning Commission Minutes - 3 - February 11, 2004 Negative Declaration IS 03-033, and adopt Resolution PCC 03-100 approving a Conditional Use Permit without the sale of beer and wine, based on the findings and subject to the conditions contained therein. Commissioner Discussion: Cmr. Horn inquired on the status of a response from the ABC. Officer Benjamin from the Police Department responded that in earlier conversations this week with ABC, they indicated that the applicant withdrew his application from the process. Cmr. Cortes expressed concern with traffic safety issues surrounding the egress on the westernmost driveway, and stated that human nature being what it is, a posted "right-turn-only" sign, in his opinion, is not enough to compel adherence to it. He asked if any other measure had been considered. He further inquired what types of noise impacts are associated with the project and whether any mitigation measures are being proposed. Paul Hellman, Environmental Projects Manager, responded that the traffic study for the project determined that the westerly driveway traffic conditions could result in traffic safety impacts, therefore, a mitigation measure in the environmental document requires a raised concrete median to be constructed to prevent left turns out of that driveway. With respect to noise impacts, Mr. Hellman indicated that given the proximity to the freeway, trolley station and the lack of noise-sensitive uses in the area, noise impacts were not considered an issue that needed to be mitigated. Further discussion followed regarding Cmr. Cortes's traffic safety issues. He inquired if any consideration had been given to opening a driveway in the McDonalds parking lot. Mr. Hernandez responded that the McDonalds parcel is a separate property and the applicant would have to request, and McDonalds agree, to acquire an easement to ingress and egress on that site. Staff's recommendation was based on the traffic analysis and the Traffic Engineer's recommendation to construct a raised concrete median to preclude left turns off of the westernmost driveway. Cmr. Felber stated that it appears the east and west driveways are in close proximity to each and asked if the proposed median would also preclude drivers from making a left turn onto the site when they are coming off 1-5 heading east on E Street. Planning Commission Minutes - 4 - February 11, 2004 Mr. Hernandez responded that eastbound traffic would be able to make a left turn into the station on the easternmost driveway. Public Hearing Opened. Craig Yamasaki, ARCO representative stated he wished to raise three points and receive the Commission's guidance and input. 1. The sale of beer and wine: The ARCO Corporation asked the applicant/franchisee to withdraw their application for a liquor license in order to explore other options. Denial of the liquor license establishes a precedent that does not permit us to re-apply for a year. We'd like a chance to explore alternatives and not prejudice this effort at some future time by a denial. I'm formally withdrawing that component of the application. 2. Safety issues: Mr. Yamasaki reassured the Commission that safety is of enormous importance to their corporation, and a thorough analysis is done regarding safety, from crime to traffic circulation. The success of our facilities' smooth-running depends on having successful ingress and egress not only for the patron, but for the tanker trucks. Therefore, he urged the Commission to accept the recommendation of the experts in this field, who are proposing the raised concrete median as a mitigation measure to address these concerns. 3. DRC Design recommendation: Mr. Yamasaki stated that the Design Review Committee felt that the blue banning going around the carwash was too intense and recommended eliminating it. Mr. Yamasaki stated that this design element, in his opinion, is not garish and has been well-received in other jurisdiction where design compatibility with the community has been the source of meticulous analysis; he, therefore, urged the Commission to accept, as submitted, the design elevation for this attractive gateway project. Mr. Hernandez clarified that the Design Review Committee's decision is final unless appealed to the Planning Commission and is independent of what is being considered tonight. If the applicant wishes to appeal the DRC's decision, then it must go through a formal appeal process. Mr. Yamasaki indicated that they are committed to follow through with all requirements and conditions set by the City for this project. If the Commission would entertain giving some indication as to where they stand on this issue, and it appeared that they are leaning more in favor of leaving this design element, then the applicant would be more inclined to pursue an appeal, which would involve more time and money, otherwise, they'll move forward with the present conditions. ____ _____._._..._m___'_____n_ Planning Commission Minutes - 5 - February 11, 2004 Cmr. Horn inquired if there were other 24-hour food marts in the City that do not sell beer and wine. Mr. Yamasaki responded that there were none, however, he clarified that in the past, there have been am/pms that don't sell beer and wine and under unusual circumstances that corporation's management had approved that. That company no longer exists. Mr. Yamasaki stated that during his 20-year tenure with the ARCO corporation, there is no facility that does not sell beer and wine. The sale of beer and wine is an integral component of their operations and the dealer would need to approach the company for approval not to sell liquor. Mr. Yamasaki requested that there be no language included in the Conditions of Approval prohibiting the sale of beer and wine, but rather, language stating that there would be no sale of alcohol until such time that the concentration of liquor licenses in the vicinity and/or crime rate is reduced to an acceptable threshold. Commissioner Hall clarified that language already existing under Findings 1 &2 in the resolution, which reads..."A condition has been included requiring the applicant to exclude the sale of beer and wine in the food mart retail operation until such time that the concentration of alcohol sales establishment and/or the general crime threshold within the vicinity decline within an acceptable threshold." MSC (Felber/Hall)(5-O-2-0) that the Planning consider and adopt the Mitigated Negative Declaration IS 03-033, and adopt Resolution PCC 03-100 approving a Conditional Use Permit without the sale of beer and wine, based on the findings and subject to the conditions contained therein. Motion carried. DIRECTOR'S REPORT: COMMISSIONERS COMMENTS: ADJOURNMENT at 7:30 p.m. to the Planning Commission meeting of February 25, 2004. ~ ~ - Diana Vargas, Secretary to Planning Commission