HomeMy WebLinkAboutPlanning Comm Reports/1994/10/26 (5)
City Planning Commission
Agenda Item for Meeting of October 26, 1994
Page 1
2.
PUBLIC HEARING:
Conditional Use Permit PCC-95-13: reauest to locate a
Thrift Store selling used clothing in an existing commercial
building at 366 Broadway - Salvation Army
A. BACKGROUND
This item involves a request to locate a Salvation Army Thrift Store selling used clothing
in an existing commercial building at 366 Broadway in the C-T Commercial
Thoroughfare zone, The sale of used clothing is a conditional use in the C-T zone.
The Environmental Review Coordinator has determined this proposal is exempt from
environmental review as a minor change in land use (Class 5 of the CEQA Guidelines),
B. RECOMMENDA nON
Adopt attached Resolution PCC-95-13 approving the proposal based on the findings and
subject to the conditions contained therein.
C, DISCUSSION
1. Adjacent zoning and land use,
North
South
East
West
C- T Commercial/Retail uses
C-T Commercial/Retail uses
C- T Commercial/Retail uses
R-3 Mobilehome Park
2. Existing site characteristics.
The property in question is located on the west side of Broadway, between "F"
and "G" Streets. It contains two vacant buildings; one of 7,125 sq. ft. on the
northerly portion of the site at 360 Broadway, and one of 9,300 sq. ft. on the
southerly portion of the site which is the subject of this application. The site is
presently served by 56 off-street parking spaces, A 6-ft. high concrete block
zoning wall separates the site from the mobilehome park to the west.
City Planning Commission
Agenda Item for Meeting of October 26, 1994
Page 2
3. Proposed Use
The proposal is to use the existing 9,300 sq. ft. building as a Salvation Army
Thrift Store, to include 7,600 sq. ft. of sales area, 1,500 sq. ft. of storage, and
a 200 sq, ft. office area, Merchandise would consist primarily of used clothing,
furniture, appliances and miscellaneous household items. The facility would
employ approximately 4 employees working one shift per day. The hours of
operation are 9:00 a.m. until 6:00 p.m., Monday through Saturday.
The applicant intends to remove an existing outdoor storage area at the
southwesterly portion of the site, and stripe this area for six additional parking
spaces, resulting in a total of 62 parking spaces to serve both buildings, The
parking area will be restriped and the landscaping will be refurbished
D. ANALYSIS
This permit was originally scheduled to be considered by the Zoning Administrator.
However, an objection to the proposal and a request for a Planning Commission hearing
was received from Mr. Jerry Fick, the owner/manager of the mobilehome park which
adjoins the property to the west (please see attached correspondence). A telephone
conversation with Mr. Fick indicated his primary concern was that the existence of a
thrift store is often viewed as a sign of decline and deterioration in an area.
It is difficult to evaluate the factor of image and its potential impact on how others view
an area or the value of surrounding properties. It is probably safe to say that this issue
is the reason why used clothing is treated as a conditional use in the C- T zone.
Certainly, thrift stores appear to be attracted to older thoroughfare commercial areas
which already offer favorable lease terms.
In staff's view, the issue perhaps has more to do with the condition of the site and
buildings rather than primarily the use itself, In this case, the buildings and
improvements are generally attractive and well kept. Also, the parking area will be
resurfaced and restriped and the landscaping will be refurbished. For these reasons, we
do not believe the proposal will have a negative influence on the area,
The 62 parking spaces provided are adequate to serve both buildings based upon the
allocation of floor space for the Salvation Army proposal, along with a condition limiting
the use of the building at 360 Broadway to automotive repair/installation with accessory
retail sales of no more than 1,125 sq. ft. Accordingly, the parking requirements are as
follows:
City Planning Commission
Agenda Item for Meeting of October 26, 1994
SaJvation Army
Retail
Storage
Office
(7,600 sq. ft.)
(1,500 sq. ft.)
(500 sq. ft,)
Automotive Building
Service/Installation
Accessory Retail
(6,000 sq. ft.)
(1,125 sq. ft.)
Total parking required:
The Fire Department has provided the following list of requirements:
a. Fire extinguishers are required. Type 2AlOBC,
b, Fire Access (20 ft. wide), to be maintained.
c. Use of extension cords in lieu of permanent wiring prohibited.
Attachments
1. Locator Map and Project Plans
2. Site Photographs
3. Communication from Mr. Jerry Fick
4. Planning Commission Resolution
5. Disclosure Statement
WPC F:\HOME\PLANNING\RBS09513
Page 3
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C HULA VISTA PLANNING DEPARTMENT
LOCATOR APPLlcANT:Sa)vation Army PROJECT DESCRIPTION:
Thrift Store CONDTIONAL USE PEWITT
~ ADDRESS: 366 Broadway Request: Proposed thrift store in the
C-T zone
SCALE: FilE NUMBER: I
NORTH 1" = 400' PCC - 95 - 13
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FAZ ~O ~BB CI" OP CBUL1 ViSTA'
)( (619) 691-5111 PLANNING DEPARTMENT
{] (619) 476-5310 COMMUNITY bEVBLOPKENT DEPARTMENT
[] (619) 585-5612 CIT! ATT01NEY ,
[] (619) 5S~-S612 CITY MANAGER
11 (610) 476-5310 KAYOlt
liE. 360 UD ~66 BROADWAY. CHULA VISTA;, PROPOSED USED MEIlCHANDISE
STORE.
1 VERY USPECTFULLY REQUEST YOU J)~NY ANY AND ALL APPLICATIONS TO
SELL USED MERCHANDISE AT THIS LOCATION. I VERY RESPECTFULLY IlEQUEST
YOU SUBJECT ALL SUCH APPLICATIONS TO THE FULL iEVnW PROCESS. SUCH
AS FULL NOTICE TO ALL NEIGHBORS. ENVIRONMENTAL REVIEW, DESIGN lBVIEW.
PLANNING COMMISSION PUBLIC HEARING. ETC. I,AM VERY STRONGLY OPPOSED
TO THE SALE OF USED MERCHANDISE AT THIS LOCATION, AND AT ANY LOCATION
CLOSE TO ANY PIlOPERTY I owN.
IESPECTFULLY SUBMITTED ON SEPTEMBER 29. 1994.
~~.~
JERRY FICI, OWNER/MANAGER
lOSE AftBOR KOBILEROMB rARX
352 BkOADWAY
POST OFFICE DRAWER 6010
CHULA VISTA. CALIFORNIA 91909-6010
T~LEPHONE (v19) 422-3067
FAt lONE-YET
PAGEl (619) 688-7278
RESOLUTION NO. PCC-95-13
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
APPROVING CONDITIONAL USE PERMIT PCC-95-13 TO ESTABLISH A
THRIFT STORE SELLING USED CLOTHING IN THE C-T ZONE AT 366
BROADWAY
WHEREAS, a duly verified application for a conditional use permit was filed with the
City of Chula Vista Planning Department on August 14, 1994, by William Lynch; and
WHEREAS, said application requests approval to establish and operate a Salvation Army
Thrift Store selling used clothing a 366 Broadway in the C-T (Commercial-Thoroughfare); and
WHEREAS, the Environmental Review Coordinator has found that the project is exempt
from environmental review as a minor change in land use, Class 5 exemption under the CEQA
Guidelines; 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 and tenants within an area greater than 500 feet of the exterior boundaries of
the property at least 21 days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely October
26, 1994 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
does hereby find, determine, resolve, and order as follows:
I. Environmental Exemption, That the project is exempt from environmental review as a
minor change in land use, Class 5 under the CEQA Guidelines.
II, CUP Findings, That the Commission makes the findings required by the City's rules and
regulations for the issuance of conditional use permits, as hereinbelow set forth, and sets forth,
thereunder, the evidentiary basis that permits the stated finding to be made.
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.
This location is considered appropriate for a Thrift Store selling used clothing, and other
general merchandise, in that the site will provide a convenient location for shopping and
will provide adequate parking for this particular land use.
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.
The proposal as conditioned provides adequate parking based on the proposed allocation
of floor space. The buildings are attractive and well kept, and the parking area will
restriped and the landscaping will be refurbished.
C. That the proposed use will comply with the regulations and conditions
specified in the code for such use.
Compliance with all applicable conditions, code, and requirements shall be required prior
to occupancy and on a continuing basis thereafter.
The conditions herein imposed on the grant of this permit is approximately proportional
both in nature and extent to the impact created by the proposed development.
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.
The proposal is consistent with City policies with respect to the provision of adequate
sites and facilities to serve the needs of the community.
III. Conditional Grant of Permit; Conditions.
The Planning Commission hereby grants conditional use permit PCC-95-13 subject to the
following conditions whereby:
A. The allocation of floor space for Salvation Army shall be maintained as indicated
on the plans submitted with the application.
B. Prior to occupancy, the parking area shall be expanded and double-striped in
accordance with a plan submitted for review and approval by the zoning
administrator. A planting and irrigation plan that conforms to the City Landscape
Manual, shall also be submitted for review and approval, and installed according
to the approved plan prior to occupancy,
C. The building at 360 Broadway shall only be used for automotive
repair/installation with no more than 1,125 sq, ft., of associated accessory retail
use.
D. Prior to occupancy, the property owner shall submit evidence that this conditional
use permit resolution has been recorded against the property with the County
Recorder.
E. Prior to occupancy, the owner shall acquire all necessary permits, and shall
comply with all of the codes, requirements and conditions imposed by the
Department of Building and Housing and the Fire Department.
IV. Additional Terms and Provisions of Grant.
A, 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.
B. 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 condition of
approval shall cause this permit to be reviewed by the City for additional
conditions or revocation.
V. A copy of this resolution be transmitted to the applicant.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 26th day of October 1994 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
William C. Tuchscher II, Chairman
Nancy Ripley, Secretary
THEC'
OF CHULA VISTA DISCLOSURE S. '2:MEI'IT
You arc required to file a Statcmenl of Di.closure of cenain ownership or financial interCOi~, payments, or campaign
a>ntrihutions, on all mailers which will require discrctionary action on the pan of the City Council. Planning Commission, and
all other official bodie!>. The following information musl be di.clo.ed:
I. List the namCOi of all pcrson. having a financial intere!>l in the property which is the suhje<:t of the application or the
conlract, e.g., owner, applicant, contractor, subcontractor, material supplicr,
William Lynch
2. If any person' identified pursuant 10 (1) above is a corporation or partnership, listthc namCOi of all individuals owning
more than 10% of the share!> in the corporation or owning any partnership intere!>t in the partnership.
3. If any person' idcnlificd pursuant 10 (I) abovc is non-profit organizalion or a trust, list the namCOi of any person
serving as dire<:tor of the non-profil organizalion or as trustee or benc!\ciary or trustor of the trust.
4, Have you had morc than $250 worth of busine!>s lransacled with any mcmber of thc City staff, Boards. Commissions,
Committees, and Council within the past twclve months? Ycs_ No~ If Ye!>, please indicate pcrson(s):
5. Please idcntify each and every person, including any agents. employees. consullants, or indepcndenl contractors who
you have assigned to rcpre!>ent you before the City in Ihis mallCr.
Greg Cox
6. Have you and/or your officers or agcnts, in the aggregate, contributed more than $1,000 to a Councilmember in the
current or preceding elcction period? Yes_ NOJL If yes, stale which Councilmember(s):
. . , (NOTE:
Date:
Sff1flo1/!,nt , ~ /1q 'f
,
GA..tG Cw
Print or type name of contractor/applicant
. fs!E!!!. is dcfuJed as: "Any iJl(iividuo.~ finn.. co-partnership, joiru vcnlUrc. ASSociQtion., sociDJ club, jrOlC'UC./ OrgOllWItjOI1, corporaliol1, UUlIC, l7'WJ, recei~, syndicale,
uw mui mry olha c:owU)', ciry and cowU7j'. city TnwJicipalil)', dlsm'Cl, or other po/iLktJl AlbdivisjOlI., or allY other grou.p or cOInbUuuioll DctU!g lIS Q &U&i.L."
October 26, 1994
TO: Chainnan and Members of the Planning Commission
FROM: Steve Griffm, Principal Planner ~
SUBJECT: Item No.2; Conditional Use Pennit PCC-95-13, Salvation Army Thrift Store
Please see attached for correspondence received from two adjacent mobile home park owners
objecting to the thrift store proposal.
Also, Condition No. mc listed at the bottom of Page 2-9 should be modified to read as follows:
C. The building at 360 Broadway shall only be used for automotive
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SG/nr
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From TA~I' S STATIONERS 1=118
PHONE No. 619 425 2057
Oct.22 1994 1:58PM POl
FAX TO: r] (619) 691-5171 CHULA VISTA PLANNING DEPARTMENT
~ (619) 691-5171 CIIULA VISTA PLANNING COMMISSION
[ ] (619) 691-5171 f;TF.VEN r.RTFFtN
RE: PCC-95-13: 366 BROADWAY, CIIULA VISTA; APPLICATION 01"
WILLIAM LYNCII ON BEIIALF OF THE SALVATION ARMY TO LOCATE A
"TIIRIFT SIIOP" TO SELL USED MERCHANDISE AT 366 BROADWAY,
CHULA VISTA. (PUBLIC HEARING SCHEDULED FOR 7:00 P.M. ON
OCTOBER 26, 1994 IN TilE COUNCIL CHAMBERS AT
276 FOURTH AVENUE, ClIULA VISTA)
DEAR LADIES AND GENTLEMEN,
I VERY RESPECTFULLY REQUEST YOU DENY THIS AND ANY AND ALL APPLICATIONS
TO SELL USED MERCHANDISE AT THIS LOCATION. THE SALE OF USED
MERCHANDISE IS NOT IN KEEPING WITH THE EXISTING USES IN THIS
NEIGHBORHOOD AND wOULD RUN THE NEIGHBORHOOD DOWN. USED MERCHANDISE
STORES RUN A NEIGHBORHOOD DOWN AND ARE A SIGN OF A DECLINING
NEIGHBORHOOD. I AM VERY STRONGLY OPPOSED TO THE SALE OF USED
MERCHANDISE AT THIS LOCATION, AND AT ANY LOCATION CLOSE TO ANY
PROPERTY I OWN.
RESPECTFULLY SUBMITTED ON OCTOBER 22, 1994.
~ -"''''0- 64-
JERRy FICK, OWNER/MANAGER
ROSE ARaOR MOBILEHOME PARK
352 BROADWAY
POST OFFICE DRAWER 6010
CHULA VISTA. CALIFORNIA 91909-6010
TELEPHONE (619) 422-3067
FAX NONE-YET
PAGER (619) 688-7278
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