HomeMy WebLinkAboutPlanning Comm Rpts./1996/04/24 (11)
PLANNING COMMISSION AGENDA STATEMENT
Item 11
Meeting Date 4/24/96
ITEM TITLE:
Public Hearing: ZA Y-96-09; Request for a variance to allow the
construction of two gasoline canopies to 18' 11" in height for the service
station located at 1498 Melrose Avenue in the C-N Neighborhood
Commercial zone - Texaco Refining and Marketing, lnc,
The request is to construct two gasoline canopies to a height of 18' 11 in conjunction with a
remodel proposal (see previous item, PCC-96-19) for an existing service station. The subject
canopies will replace existing structures of lower height for the Texaco station located at 1498
Melrose Avenue in the C-N Neighborhood Commercial zone. The C-N zone restricts the height
of accessory structures to 15'.
As noted, this request is a part of an overall remodel program for the subject site. That remodel
program is the subject of architectural review by the Design Review Committee (file DRC-95-
30) as well as a conditional use permit to convert from service bays to mini-mart and fast food
to be reviewed by the Planning Commission (previous item PCC-96-19).
The Environmental Review Coordinator has determined that this project is exempt from
environmental review under CEQA as a Class 3(e) exemption.
BOARDS/COMMISSIONS RECOMMENDATION: On April 11, 1996 the Design Review
Committee voted unanimously (4-0) to approve a remodel program for this site, subject to
conditions. Although no concerns with the canopy height were indicated, the committee noted
that the design of the canopy should be revised to better complement the building architecture,
RECOMMENDATION: That the Planning Commission adopt attached Resolution ZA Y -96-
09 approving the variance in accordance with the findings and subject to the conditions contained
therein.
DISCUSSION:
Site Characteristics
The project site consists of a gasoline service station on 0.92 acres located at the northwest
corner of Melrose and Orange Avenues, Two gasoline islands are located on the southerly
portion of the property adjacent to Orange Avenue, and a single gasoline island is located on the
easterly portion of the site adjacent to Melrose Avenue, The existing building includes three
automotive service bays and a cashier office area which includes the sale of sundry snack items,
Page 2, Item 11
Meeting Date 4/24/96
Zonin~ and Land Use
North -
South -
East -
West -
C-N
R-l
CoN
C-N
Commercial center
Single family dwellings
Commercial
Commercial center
The site is bounded directly to the north and west by a commercial center, and commercial uses
are also located to the east across Melrose Avenue. There are no homes directly abutting the
site, but single family dwellings are located approximately 100 ft. to the south and southeast
across Orange Avenue. Single family homes also overlook the site from above and behind the
Melrose commercial frontage to the east, a distance of approximately 175 ft. from the site.
Prouosal
The proposal is for the construction of two gasoline canopies up to 18' 11" in height in
conjunction with a remodel program for this service station which is located in the C-N
(Neighborhood Commercia) zone, The C-N zone limits the height of accessory structures to
a maximum of 15',
Variances are normally considered by the Zoning Administrator. In this case, however, the
variance request has been forwarded to the Planning Commission for the purpose of
consolidating the request with the associated conditional use permit (previous item).
ANALYSIS:
As stated previously, the C-N zone restricts accessory structure height to IS feet. However,
service stations now typically construct gasoline canopies in excess of 15' in order to provide
a minimum 14' clearance for recreational vehicles and other vehicles of similar height. This
station and others have noted that damage to canopy structures and vehicles is not uncommon
when they are constructed at the lower heights. Permitting a height in excess of 15 feet not only
provides for this clearance, but also allows more discretion in the architectural design of these
structures and thus results in more aesthetically pleasing projects,
The service station directly east of the project site (U nocal) was granted a variance by the
Zoning Adminstrator to allow canopy construction up to 17 feet. At the time of processing for
that variance, neighbors expressed concern regarding the possibility that diesel gasoline sales
might be added to existing operations since the new canopy height could also accommodate
large trucks. As a result, one condition of approval for that project was the prohibition of diesel
fuel sales,
Page 3, Item 11
Meeting Date 4/24/96
CONCLUSION:
For the reasons noted, staff believes that the 15' accessory height structure limit in the C-N zone
does pose a hardship in the case of service stations, which are not uncommon uses within this
zone. The granting of this variance will allow the business operators to accommodate larger
vehicles (such as RV's) and will address the potential for damage to the canopy and vehicle
structures resulting from lower height, While the amount of excess height to be granted is a
subjective matter, it is largely an issue of project design, The precise height to be permitted
may therefore be a function of the architectural design as endorsed by the Design Review
Committee,
By imposing a prohibition on diesel sales, the potential for large truck traffic on the site is
addressed, thus protecting the surrounding residential neighborhood from potential negative
impacts associated with such traffic. Further, the diesel sales prohibition ensures that this site
is treated in a manner that is equitable with the neighboring service station and that a special
privilege is not granted.
Staff recommends approval of the request, subject to the conditions listed in Resolution ZA V-
96-09.
Attachments
1. Resolution ZA V -96-09
2. Locator, Site Plan, Elevations
3. Disclosure Statement
(m: \home\planning\patty\zav9609 . rep)
RESOLUTION
RESOLUTION NO. ZA V-96-09
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION APPROVING THE CONSTRUCTION OF TWO
GASOLINE CANOPIES IN EXCESS OF 15 FEET IN HEIGHT IN
CONJUNCTION WITH A REMODEL PLAN FOR THE SERVICE
STATION LOCATED AT 1498 MELROSE AVENUE WITHIN THE
C-N NEIGHBORHOOD COMMERCIAL ZONE
WHEREAS, a duly verified variance application was filed with the City of Chula Vista
Planning Department on March 21, 1996 by Texaco Refining & Marketing, Inc" and;
WHEREAS, said application requests approval to construct two gasoline canopies to a
height of 18' 11" in conjunction with a proposed remodel for an existing service station at 1498
Melrose Avenue within the C-N Neighborhood Commercial zone, and;
WHEREAS, the C-N zone limits the height of accessory structures to 15' unless a
variance is granted, and;
WHEREAS, the Environmental Review Coordinator has determined that this proposal
is exempt from environmental review under CEQA as a Class 3(e) exemption, and;
WHEREAS, the Planning Director set the time and place for a hearing on said
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 within 500
feet of the exterior boundaries of the property at least 10 days prior to the hearing, and;
WHEREAS, the hearing was held at the time and place as advertised, namely April 24,
1996 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:
1. Findings.
1. That a hardship peculiar to the property and not created by any act of the
owner exists. Said hardship may include practical difficulties in developing the property
for the needs of the owner consistent with the regulations of the zone; but in this context,
personal, family or financial difficulties, loss of prospective profits, and neighboring
violations are not hardships justifying a variance. Further, a previous variance can never
have set a precedent, for each case must be considered only on it individual merits.
The 15' height restriction for accessory structures in the C-N zone presents a hardship with
respect to the construction of a gasoline canopy which will provide shelter for customers yet still
meet the regulations of the zone. These shelters are desirable for customers, but are subject to
damage from and to large vehicles (such as recreational vehicles) at the 15 foot height limit.
2. That such variance is necessary for the preservation and enjoyment of
substantial property rights possessed by other properties in the same zoning district and in
the same vicinity, and that a variance, if granted, would not constitute a special privilege
of the recipient not enjoyed by his neighbors.
This variance is necessary to allow the property owner the opportunity to provide customers with
facilities of the same quality and visibility offered by other service stations in the vicinity. It
therefore would not constitute a special privilege.
3. That the authorizing of this variance will not be of substantial detriment to
adjacent property, and will not materially impair the purposes of this chapter or the public
interest.
This variance has been conditioned to meet potential concerns of nearby residents and to ensure
equitable treatment with other similar properties. [t will thereby not be detrimental to adjacent
property.
4. That the granting of this variance will not adversely affect the general plan
of the city or the adopted plan of any governmental agency.
The approval of this permit is consistent with City policies and the General Plan.
II. Conditional Grant of Permit; Conditions.
The Planning Commission hereby grants approval of this request subject to the following
conditions whereby:
A. The canopy design shall adhere to all conditions of approval for DRC-96-
50, including any requirements to lower the height below 18' 11" for
design reasons.
B. Diesel gasoline sales shall be prohibited,
III. Additional Terms and Provisions of Grant.
A, Post-Approval Conditions. This approval 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 grantee and after the City has given to the grantee 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 Grantee
of a substantial revenue source which the Grantee can not, in the normal
operation of the approval granted, be expected to economically recover.
B. Time to Commence Use. This approval shall become void and ineffective
if not utilized within one year from the effective date thereof.
C. A copy of this resolution shall be recorded against the property of
applicant, known as 1498 Melrose Avenue,
D. Any violation of the terms or conditions of this permit shall be grounds
for revocation or modification of the permit.
IV. A copy of this resolution shall be transmitted to the applicant.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 24th day of April, 1996, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
William C. Tuchscher II, Chair
Nancy Ripley, Secretary
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ATTACHMENT 2
LOCATOR, SITE PLAN, ELEVATIONS
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CHULA VISTA PLANNING DEPARTMENT
LOCATOR ~~ TEXACO
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~<r,Jl@\ 1498 Melro.. A..nue
SCALE \ FU NUMa~
NORTH 400'
ATTACHMENT 3
DISCLOSURE STATEMENT
lliE '-. I i OF CHULA VISTA DISCLOSURE S I" I EMENT
You arc required to file a Slalemenl of Disclosure of certain ownership or financial interes.s, payments, or campaign
eontrioutions, on all mailers which will require discrctionary action on the part of the City Council, Planning Commission, and
all other official bodies. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property which is Ihe suhjeel of the applicalion or the
(.:ontrat:(, c.g., owner, applir.:ant, contractor, sutH.:ontra(tor, material supplier.
TEXACO T. R.M. I.
2, If any person' identified pursuant to (I) above is a corporation or partnership, IiSlthe names of all individuals owning
more than 10% of the shares in the corporation or owning any partnership interest in the partnership,
TEXACO T.R.M.I.
1, If any person' identified pursuanl 10 (I) ahove is non-profit organi''''tion or a trust, list the names of any person
serving as director of the non-profit organization Of as Irwace or beneficiary or trustor or the trust.
N/A
4. Have you had more than $250 worth of business transacted with any memher of the City staff, Boards, Commissions,
Committees, and Council within the pasl twelve months'! Ycs_ No..xx. If yr." please indicate person(s): _
5. Please identify each and every person, including any agents, employees, consultants, or independent contractors who
you have assigned to represent you before the City in this mailer.
TEXACO T.R.M.I. - Cliff Matkins
TAIT & ASSOCIATES - Mark Hayden. Director San Diego Office
6. Have you and/or your officers or agents, in the aggregate, contributed more than SI,OOO to a Council mber in Ihe
current or preceding election period? Yes_ NoXX If ycs, Slate which OJUneilmember(s):
, , '(NOTE: Attacb additioDaI pa~ as D
ark Hayden, AIT & ASSOCIATES
Print or type name of contractor/applicant
Date: March 18, 1996
. P"SOfI is defined as: "AllY indivldu(J[, [inn. co'parTlICTship. jOlm \'O&II4rc, tlS.SOcialimi, sncitJ/ club, fralCnlD! orgallizatio,&, corporation, Ulalt, trwt, rrcciver, S)ndiCQlt,
this mid any other COUllty, city Qlld COUlltry, ciry municipality, district, or other political subdi~'i.s;o"'. or any mh" group or combination aCling as a WUL"
Item No. 12
Meeting Date: 4/24/96
DATE:
April 17, 1996
FROM:
Members of the Planning commission
Ann Moore, Assistant City Attorney ~411
TO:
RE:
Time Limitations for Addressing Planning commission
At the meeting of April 3, 1996, the Planning Commission
requested further clarification regarding the time limits currently
placed on individuals wishing to address the City Council. We have
checked with the City Clerk and confirmed that presently, the city
Council limits comments from individuals to three minutes for
matters pertaining to oral communications (items not on the Agenda)
and five minutes for items listed on the Agenda.' Attached is a
copy of the City Council Agenda, that references the time
limitations described above.
In addition, when there are groups of individuals wishing to
address the City Council on the same subject matter, Municipal Code
section 2.04.240 allows the presiding officer to request that a
spokesman be chosen by the group to address the Council and to
limit presentation by any other member of the group so as to avoid
unnecessary repetition before the Council. Furthermore, groups of
persons may be limited to a total presentation period of thirty
minutes.
It is common practice among local agencies to impose time
limits on oral presentations made at public meetings. The
legislative body may enact regulations specifying reasonable time
limitations on speakers. So long as the body acts fairly, it has
great discretion in regulating testimony by interested members of
the public.
currently, the Planning commission observes the same rules
followed by the city Council with respect to conducting public
meetings. However, the Planning Commission may establish its own
policy and procedures for conducting its public meetings. In fact,
City Charter section 603 provides that each board or commission may
prescribe its own rules and regulations, copies of which, shall be
kept on file in the office of the City Clerk. Finally, the
Planning Commission may recommend that the City Council amend
Municipal Code Section 2.040.230 to provide for less or more time
'This practice is further set forth in Municipal Code Section
2.04.230 which states that "Each person addressing the Council on
oral communications shall.. . limit his or her address to three
minutes. Persons addressing the Council on items listed on the
agenda shall limit their communication to five minutes unless
further time is granted by the presiding officer."
Members of the Planning Commission
April 17, 1996
Page 2
for public participation, as long as a reasonable period of time is
provided to the public.
Attachment
cc: Bob Leiter, Director of Planning
Ken Lee, Assistant Director of Planning
M:\Ho.e\Attorney\Ti.elin.pc
Agenda
-3-
April 9, 1996
9, RESOLUTION 18248 APPROVING AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR
PUBLIC TRANSPORTATION SERVICES FOR F1SCAL YEAR 1996/97
AND AUTHORIZING THE MAYOR TO EXECUTE SAME - The
agreement authorizes the City to claim $105,799 in CoIJDty TDA Article 4.0
funds for transit service in the IIDiocorporated CoIJDty area. Staff recommends
approval of the resolution. (Director of Public Works)
· · END OF CONSENT CALENDAR. ·
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The foUowing ilenu IIove bee" IIdveltlud alldlor posted as pubik hearints 11.1 required by IIIw. q you wish to
~d: to any ilem, pkast /ill out the "Reqtust to Sped: Fonn" al'tJiJoble in the lobby and submil i/ to the City
Ckrk prior to the muting. (Compkte the peen fonn to sped: in fa.or of the staff recommendation; complete
the pink fonn to sped: in oppositio" to the staff recommendation.) CommenJs are Umiled to Jive minutes per
bullvidlUll.
10,
PUBLIC HEARING
IMPROVEMENT OF FOURTH A VENUE BETWEEN KIlTIW AKELANE
AND CHULA VISTA ADULT SCHOOL - 00 5/14/91, Council approved
agreements with 13 affected property owners along both sides of Fourth Avenue
between Kittiwake Lane and Chula Vista Adult School. Said agreements granted
public streel easements to the Cily for the construction of the improvements and
required a public bearing be beld upon completion, Staff reconunends Council
bold the public bearing and authorize the recordation to street easements.
(Director of Public Works)
ORAL COMMUNICATIONS
This is an opportunity for the gelUrtU public to tuldress the City Council on any subject _er wi/hin the
Council's jurisdiction that Is !!lll an ilem on this agenda lor public dlscusslon. (Stote low, howe.." generally
prohibi/s the City Council/rom toklng actioll on any issues not included 011 the posted agenda.) If you wish to
tuldrtSS the Council on such a subject, pkase compkte the yellow "Request to Speak Under Oral Communications
Fonn" availobk in the lobby and submU il to the City Ckrk prior to the meeting. Those who wish to speak,
pkase gI.e your IUJIIIt and tuldrtSS for record purpOstS and follow up action. Your time is limited to thrte
rnbtutes per speaj:er.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider Uems which ha.. been forwarded to them for conslderatioll by one
of the City's Boards. Commissions alldlor Committees.
None submitted.
~
Agenda
-4-
April 9, 1996
ACTION ITEMS
1Iu ilems listed III tIJls uctioll 0/ the agelUla an expected to eUcll substanliDl discussions and deliberations by
tJu COlUlcU, stqff, or _mbers 0/ the "ural publie. 71Ie Ilems wIN be considered IndividuaUy by the Council
and sJaf/reco_ndaJIons may in certain cases be presellled In the allemative. 71I0se who wish to speak, please
.fill oul a "Request to Speak"/o",. available In the lobby and submllll to the CiJy Clerk prior to the meeting.
PubUc CO_Ills are limhed to jive lIIiIIules.
II.A, ORDINANCE 2669 AMENDING CHAPTER 3.48 OF THE MUNICIPAL CODE TO PERMIT
THE REFINANCING OF REGIONAL UTILITY PROJECTS UPON A
FINDING OF CITY BENEm (first readilU!\ . San Diego Gas & Electric
(SDG&E) has requested that the City take the necessary steps to become legally
able to assist them in refinancing two Industrial Development Bonds, similar to
financing the City did for them in 1992. Staff recommends Council place the
ordinance on first reading and approve Ihe resolution, (City Attorney and
Director of Finance)
B, RESOLUTION 18249 SE1TING A REFINANCE PARTICIPATION FEE AT .25 PERCENT OF
THE PRINCIPAL AMOUNT FOR THE PROPOSED SDG&E
INDUSTRIAL DEVELOPMENT BOND REFINANCING, PAYABLE AT
THE TIME OF ISSUE
12. RESOLUTION 18250 DEFERRING AND CANCELING, AS IMPRACTICAL, THE SPECIAL
RUNOFF ELECTION FOR SEAT NUMBERS 3 AND 4 FOR THE FOUR
YEAR TERM ENDING DECEMBER, 19% FOR SEAT NUMBERS 3 AND
4 - The preliminary official results of the 3/26/96 elections indicate that no
single candidate secured the necessary majority of votes required to be declared
a winner in either scat for either the Short or Long Term, There will be a need
for a one runoff election for the Long Term. Staff recommends approval of the
resolution deferring and canceling a special runoff election for the Short Term,
(City Attorney and City Clerk)
13. RESOLUTION 18251 APPROVING AMENDMENT TO AGREEMENT WITH THE COUNTY
OF SAN DIEGO AND SOUTHWESTERN COMMUNITY COLLEGE
DISTRICT FOR THE CONSTRUCTION, MAINTENANCE, AND
OPERATION OF THE SOUTHWESTERN COLLEGE BUS STOP
IMPROVEMENT PROJECT. On 10/3/95, Council approved an agreement
with the County of San Diego and Southweslern College. The estimated cost
of the Southweslern College Bus Stop Improvement Project is $1,350,000, The
County has designated $900,000 for the project, leaving a shortfall of$450,OOO,
Staff recommends approval of the resolution. (Director of Public Works)
4/5th's vote required.
14. RESOLUTION 18252 APPROVING EXCLUSIVE NEGOTIATING AGREEMENT WITH
JOELEN ENTERPRISES FOR HOTEL DEVELOPMENT - On 11115/94,
Council directed staff to return with 8 new exclusive negotiating agreement with
Joelen Enterprises to develop the proposed botel located on the 4400 block of
Bonita Road adjacent to the Chula Vista Municipal Golf Course. Staff
recommends approval of the resolution, (Director of Community Development)
Agenda
-5-
April 9, 1996
ITEMS PULLED FROM THE CONSENT CALENDAR
'17Iis Is the tlnte the City Council wiU discuss ilems which h4ve been removed from the ConuIII CaleNiDr,
AgeNiD items pulled at the request of the public wiU be considered prior to those pulled by Councilmembers,
Public co_Ills tin limited to Jive minutes per IndMdU4l.
OTHER BUSINESS
15. CITY MANAGER'S REPORT/SI
a, Scheduling of meetings.
16, MAYOR'S REPORT/SI
a, Scheduling a workshop wilb the Sweetwater Union High School District and Ibe Chula Vista City
School District.
b. Ratification of appointments: Michelle Monroy - Youlb Commission; and Joanne 0, Clayton -
Housing Advisory Commission,
c, Ratification of re-appointment to Board of Ethics - Virgil Whitehead,
17. COUNCIL COMMENTS
Council member Rindone
a. Reconsideration of Spring Council break.
ADJOURNMENT
The meeting will adjourn 10 (a closed session and thence to) Ibe Regular City Council Meeting on April 16. 1996
at 6:00 p.m. in Ibe City Council Chambers.
A Special Joint Meeting of Ibe City CouncillRedevelopment Agency will be held immediately following the City
Council Meeting,
Agenda
.(;.
April 9, 1996
.....
CLOSED SESSION
Unless the City AlIonuy, the City MIIMger or the City CouncU SIllIes otherwise III this time, the CouncU wUl
discuss IInd delibtrllle on the 10Uowing items 01 business which IIn permiJted by law to be the subject 0111 closed
session discussion, IInd which the CouncU is Gdnsed should be discussed in clased session to best G:::.~ectthe
inlensts 01 the City. The CouncU is nquind by law to nturn to open session, Issue IIny nports 01 IIction
I/Iken in closed session, IInd the votes I/Iken. However, due to the typiClll length 01 time I/Iken up by closed
sessions, the videolllping wUl be terminllled III this point in order to S/lve costs 10 thIIIthe Council's ntum lrom
closed session, nports of ikYJlllctlon I/Iken, IInd a4jOUf7IJtUnI wUl not be videolJJped. Nevertheless, the nport
01 fitUJlllcllon I/Iken will be ncorded in the mlnUles which wUl be III'IIiJJlbIe in tloe City Clerk's Office,
18, CONFERENCE WITH LEGAL COUNSEL REGARDING:
I. Existing litigation pursuant to Govenunent Code Section 54956.9
. Fritsch vs. the City of Chula Vista,
. Christopher vs, the City of Chula Vista,
. Chula Vista and nine other cities vs. the County of San Diego regarding solid waste
issues (trash litigation).
. SNMB, L.P. vs. the City of Chula Vista,
2. Anticipated litigation pursuant 10 Govenunent Code Section 54956.9
. EastLake Park issues,
J. Initiation of litigation pursuant to Goverrunent Code Section 54956.9(c)
. City's contemplated validation action with respect to Ordinance amending Municipal Code
Chapter 3.48
SALE AND DISPOSITION OF REAL PROPERTY. Pursuant to Govenunenl Code Section 54956.9
. Purchase of property from R. E, Hazard Contracling Company. 1855 Maxwell Road, Chula Vista,
CA,
CONFERENCE WITH LABOR NEGOTIATOR. Pursuant to Government Code Section 54957.6
. Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF. Executive
Management, Mid-Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA) and Western Council of
Enginee", (WCE), Police Office", Association (POA) and International Association of Fire
Fighte", (IAFF).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
19. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
....*