HomeMy WebLinkAboutAgenda Packet 1993/06/01
Tuesday, June 1, 1993
4:00 p.m.
, L""
-, declare under penalty 01 perjury that I off!
employed by' the City of Chula Vista in the
Office of the City Clerk and that I posted
this Agenda/Notice o~ the Bulletin Board at
the PUblic_sprvILi'c s Building and!'t City Hall on
DATED, -"(,27 5SIGNED C /. - ,
/ / L L-r
Re lar Meetin of the Ci of Chula Vista 1 Council
Council Chambers
'Public Services Building
CAll TO ORDER
Councilmembers Fox _' Horton ~ Moore _, Rindone ~ and Mayor
Nader _
1.
ROIL CAll:
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
April 13, 1993 (Special Joint Meeting of the Redevelopment
Agency/City Council), May 18, 1993 (Regular Meeting of the City
Council) .
3.
APPROVAL OF MINlITES:
4. SPECIAL ORDERS OF THE DAY:
a. Presentation by Congressman Bob Filner.
b. Proclamation declaring June 3, 1993 as "Law Enforcement Records and Support Personnel
Day." The proclamation will be presented by Mayor Nader to Capt. Ross Withers.
c. Oath of Office: Ignacio Valdovinos - Aging Commission.
d. Recognizing Evelyn Ferkovich, recently honored with the 1992 Civic Recognition Award, for
devoting more than 25 years to working with the elderly.
CONSENT CALENDAR
(Items 5 through 8)
The staff recommendations regarding the following items listed undo the Consent CaIendor will be eruu:ted by the
Council by 0fII! motion without discussion unless a CounciJmember, a member of the publU: or Cily staff requests
that the iJem be pulled {or discussion. If you wish to speak on 0fII! of these iJems, please fill out a "Request to
Speak Form" avaiIabk 111 the lobby and submit it to the Cily Clerk prior to the meeting. (Complete the green form
to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff
recommendation.) Items pulled from the Consent Calendar will be discussed after Board and Commission
Recommendations and Action Items. Items pulled by the publU: will be the fint items of business.
5. WRITTEN COMMUNICATIONS: None submitted.
6. RESOLUTION 17132 APPROVING THE ENGINEER'S REPORTS FOR THE FISCAL YEAR 1993-94
SPREAD OF ASSESSMENTS FOR EASTI.AKE MAINTENANCE DISTRICT
NUMBER ONE, DECLARING THE INTENTION TO ESTABUSH ZONE E FOR
THE MAINTENANCE OF TELEGRAPH CANYON CHANNEL AND TO LEVY
AND COlLECT ASSESSMENfS AND SETTING JULY 13, 1993 AND JULY
20, 1993 AT 6:00 P.M. AS THE DATES AND TIMES FOR THE PUBUC
HEARINGS - On 3/2/93, Council directed the City Engineer to prepare and
file reports of assessments for all existing City Open Space Maintenance
Districts. The report for EastLake Maintenance District Number One has
been prepared and the resolution approves the report and sets the dates for
public hearings to consider the spreading of assessments. All other reports
were considered by separate action on the 5/25/93 agenda. The resolution
also approves estabhshing Zone E to provide for the maintenance of
Telegraph Canyon Channel Phase One. Staff recommends approval of the
resolution. (Director of Public Works and Director of Parks and
Recreation)
Agenda
7.
REPORT
8.
REPORT
-2-
June 1, 1993
ADMINISTRATIVE PROCEDURES FOR IMPLEMENTATION OF THE
CAlJFORNIA GNATCATCHER AS A THREATENED SPECIES - On 3/25/93,
the California Gnatcatcher was listed by the U.S. Secretary of the Interior
as "threatened" under the Federal Endangered Species Act. Until an
interim conservation process is adopted by the U.S. Fish and Wildlife
Service and the California Department ofFish and Game in the next several
months, no "take" (harm) harassment or disturbance) of the species or
occupied coastal sage scrub habitat is permitted unless the applicant
obtains the necessary Federal permits or approvals. The administrative
procedures will provide consistent review of projects within the City. Staff
recommends Council accept the report. (Director of Planning)
CHANGES TO CHULA VISTA TRANSIT (CVO ROlITES 706A AND 712 -
The proposed changes to cvr Routes 706A and 712 would expand the
service area of each route. Staff recommends Council accept the report
and approve the changes effective 7/1/93. (Director of Public Works)
* * END OF CONSENT CALENDAR * *
PUBUC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as pubtu: heorin~ as required by law_ If you. wish to speak
to any item, please fill out the "Request to Speak Form" avai1ob1e in the lobby and submit it to the City C1erlc prior
to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form
to speak in opposition to the staff reamrmentiJltio) Comments are limited to five minutes per individual
CONDITIONAL USE PERMIT PCC-91-24; APPEAL OF THE PLANNING
COMMISSION APPROVAL OF REQUEST TO REDEVELOP SERVICE
STATION AND ADD MINI-MARKET AND CAR WASH AT 1498 MELROSE
AVENUE - The proposal was approved by the Planning Commission in
January 1992 and consequently appealed by Council in response to
concerns with traffic impacts and an over-concentration of alcohol sales
facilities. Consideration of the appeal has been postponed to coincide with
reconsideration of the alcohol sales issue. Staff recommends approval of
the resolution. (Director of Planning) Continued from the meeting of
5/25/93.
RESOLUTION 17133 AFFIRMING THE DECJSION OF THE PLANNING COMMISSION AND
THEREBY APPROVING THE ISSUANCE OF CONDITIONAL USE PERMIT
PCC-91-24 TO REDEVELOP A SERVICE STATION AND ADD A MINI-
MARKET AND CAR WASH AT 1498 MELROSE AVENUE
CONDITIONAL USE PERMIT PCC-93-10; APPEAL OF ZONING
ADMINISTRATOR APPROVAL OF REQUEST TO SElL ALCOHOUC
BEVERAGES AT PROPOSED MINI-MARKET AT 1498 MELROSE AVENUE
IN CoN ZONE - In January 1992, the Zoning Administrator conditionally
approved a request to sell beer and wine at the proposed Texaco mini-
market at 1498 Melrose Avenue in the CoN zone. The request was
proposed under the City's recently adopted Conditional Use Permit (CUP)
procedure for alcohol sales in the CoN zone. The decision has been
appealed and has been scheduled to coincide with the appeal of the CUP
for the mini-market! car wash. Staff recommends approval of the
resolution. (Director of Planning) Continued from the meeting of
5/25/93.
RESOLUTION 17134 AFFIRMiNG THE DECJSION OF THE ZONING ADMINISTRATOR AND
THEREBY APPROVING THE ISSUANCE OF CONDITIONAL USE PERMIT
PCC-93-10 FOR BEER AND WINE SALES AT 1498 MELROSE AVENUE
9.
PUBUC HEARING
10.
PUBUC HEARING
Agenda
-3-
June 1, 1993
PCC-93-29; CONSIDERATION OF A CONDmONAL USE PERMIT TO
AlLOW TIlE CONSTRUCTION OF A PUBUC UBRARY FACIUTY AT TIlE
SOUTIiEAST CORNER OF ORANGE AND FOURTI-I AVENUES - CITY
INmATED - The City is requesting approval to build a 37,000 square foot
library facility and potential facility expansion plan. The project is located
on six acres at the southeast comer of Fourth and Orange Avenues in the
R-2-P zone district. The proposal includes a literacy center, a lOO-seat
multipurpose conference room, a collection of 178,000 books for children,
young adults and adults, and other library amenities designed to serve the
bilingual, bicultural Montgomery Community. A parking area with a
capacity for 175 vehicles and reserved area for an additional 50 spaces will
serve the proposed facility. Staff recommends approval of the resolution.
(Director of Planning)
11.
PUBUC HEARING
RESOLUTION 17135 GRANTING A CONDmONAL USE PERMIT TO BUILD AUBRARYFACIUTY
AT TIlE SOUTIiEAST CORNER OF ORANGE AND FOURTI-I AVENUES
ORAL COMMUNICATIONS
This is an opportunity for the general public 10 address the City Council tHI any subject maIW within the Council's
jurisdiction that is not an item tHI this agendiL (State law, however, generaI1y prohibits the City Council from
taking aaion tHI any issues not included tHI the posted agendiL) If you wish 10 address the Council tHI such a
subject, p1eJJse camp/ere the yel/aw "Request 10 Speak Under Oral CommuniJ.:ations Form" available in the lobby
and submit it 10 the City Clerk prior 10 the meeting. Tlwse woo wish 10 speak, p1eJJse give your 1IIlJ'IIe and address
for record purposes and fal/aw up action. Your time is limited 10 Wee minutes per speaker.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items whU;h have been forwarded 10 them for consideration by tHIe
of the City's Boards, Commissions and/or Committees.
None submitted.
ACTION ITEMS
The items lisred in this section of the agenda are apected 10 elicit substJmtiJJl discussions and deliberations by the
Council, staff, or members of the general public. The items will be considered individually by the Council and staff
recomnumdations may in certain cases be presented in the aItonative. Tlwse woo wish 10 speak, p1eJJse fill out
a "Request 10 Speak" form available in the labby and submit it 10 the City Clerk prior 10 the ""'eUng. Public
comments are limited 10 five minutes.
None submitted.
ITEMS Puu.ED FROM TIlE CONSENT CALENDAR
This is the time the City Council will discuss items whU;h have been removed from the Consent CaJendor. Agenda
items pulle4 or the request of the public will be considered prior 10 those pulle4 by Cowu:iImonben. Public
comments are limited 10 five minutes per individual
OTHER BUSINESS
12. CITY MANAGER'S REPORTCS)
a. Scheduling of meetings.
Agenda
-4-
June 1, 1993
13. MAYOR'S REPORTCS)
a. Ratification of appointment: Gonzalo Lopez - Environmental Commerce Zone Task Force;
and Marie Miehls - Child Care Commission (Continued from the meeting of 5125/93).
14. COUNQL COMMENTS
Councilman Rindone
a. Regional airport at Miramar Naval Air Station.
b. Inconsistencies with Council approval of the allocation of Community Development Block
Grant monies.
ADJOURNMENT
The City Council will meet in a closed session immediately following the Council meeting to discuss:
Pending litigation pursuant to Government Code Section 54956.9 - EPA vs. the City of San Diego,
Chula Vista amicus parry discussion, instructions to attorneys. Continued from the meeting of
5/25/93.
Instructions to negotiators pursuant to Government Code Section 54957.6 - Chula Vista Employees
Association (CVEA), Western Council of Engineers (WCE), Police Officers Association (POA) ,
International Association of Fire Fighters (lAFF), Executive Management, Mid-Management, and
Unrepresented. Continued from the meeting of 5125/93.
Pending litigation pursuant to Government Code Section 54956.9 - Institution of litigation against
County of San Diego regarding Daley Rock Quarry CUP.
Pending litigation pursuant to Government Code Section 54956.9 - Igou vs. the City of Chula Vista.
The meeting will adjourn to (a closed session and thence to) a Joint Meeting of the City Council/County
Board of Supervisors on Wednesday, June 2,1993 at 3:00 p.m. at the County Administration Center, thence
to a Council Budget Session on Thursday, June 3, 1993 at 6:00 p.m. in the City Council Chambers, thence
to a Council CIP Tour on Saturday, June 5, 1993 preceded by a Joint Meeting with the Parks and Recreation
Commission at 8:00 a.m., and thence to the Regular City Council Meeting on June 8, 1993 at 6:00 p.m. in
the City Council Chambers.
A Meeting of the Redevelopment Agency will be held immediately following the City Council meeting.
PROCLAMATION
WHEREAS, the Chula Vista Adult School/Del Rey Center recently established the
"Stop the 594" (Graffiti) Art Contest; and
WHEREAS, the "Stop the 594" Contest has been very successful in providing
young people a positive way to express their artistic talent; and
WHEREAS, we are pleased to recognize the outstanding talents of Gerardo
Castro, Martin West and Josue Estrada as first, second, and third place winners of this
event; and
WHEREAS, we are further pleased to recognize George Sandoval, Alex Ponce de
Leon, Scott Lancour and Parris Montez for their participation in this event;
NOW, THEREFORE, I, TIM NADER Mayor of the City of Chula Vista, California,
do hereby recognize the many fine participants in this event, and commend them for their
creative excellence in addressing an issue of great importance to both our schools and
community.
t/e~/
May 27, 1993
TO:
The Honorable Mayor and City Council
John D. Goss, City Manager~
City Council Meeting of ~e 1, 1993
FROM:
SUBJECT:
This will transmit the agenda and related materials for the regular City Council
meeting of Tuesday, June 1, 1993. There are no Written Communications on this
agenda.
JDG:mab
COUNCIL AGENDA STATEMENT
Item d,
Meeting Date 6/1/93
REVIEWED BY:
Resolution I? I ;J.:J.. Approving the Engineer's report for the FY
1993-94 spread of assessments for Eastlake Maintenance District No.1,
declaring the intention to establish Zone E for the maintenance of
Telegraph Canyon channel and to levy and collect assessments and setting
July 13 and 20, 1993 at 6:00 p.m. as the dates and time for the public
hearings A...~
Director of Public Works Ifr~
Director of Parks and Recrea~
City Manager J~ ~ ~ (4/5ths Vote: Yes_No..KJ
ITEM TITLE:
SUBMITTED BY:
On March 2, 1993, City Council adopted Resolution No. 17029 directing the City Engineer to
prepare and file reports of assessments for all existing City Open Space Maintenance Districts.
The report for Eastlake Maintenance District No. I has been prepared and the above resolution
approves the report and sets the dates for public hearings to consider the spreading of
assessments. All other reports were considered by separate action on the May 25 agenda. The
resolution also approves establishing Zone E to provide for the maintenance of Telegraph Canyon
Channel Phase I.
RECOMMENDATION: That Council adopt the resolutions approving the Report, direct the
City Clerk to publish the Resolution of Intention pursuant to Government Code 6063 and set the
dates of the public hearings for July 13 and 20, 1993 at 6:00 p.m.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Background
Pursuant to Article 4, Chapter I, Part 2 of Division 15 of the California Streets and Highways
Code, also known as "Landscaping and Lighting Act of 1972", and the City of Chula Vista
Municipal Code, the City Engineer has prepared and filed the annual report for this Maintenance
District. The report is presented to Council for approval in order to proceed with the public
hearings set for July 13 and 20. The report includes a new zone for assessing properties tributary
to Telegraph Canyon Channel to pay for the maintenance of the channel pursuant to an agreement
between Eastlake Development Company and the City (Resolution 13716 approved August 2,
1988). Establishing a zone for maintenance of the channel is consistent with Council Policy
which states that naturalized channel costs may be recovered through an open space district.
6-/
Page 2, Item t:,
Meeting Date 6/1/93
Assessments
The proposed assessments for Fiscal Year 1993-94 are as follows:
TABLE 1
% Increase or FY 93-94
FY 92-93 FY 93-94'" Decrease Revenue
Zone A - Eastlake I (includes SCI) $6.76 $6.98 3% $69,495
Zone B - Eastlake Greens 6.76 10.63 57% 20,394
Zone C - Olympic Training Center 0 0 - 0
Zone D - Salt Creek I 0 0 - 0
Zone E - Telegraph Canyon Channel 0 1.32 - 2,860
(1) Actual assessment per home varies with density of development. Numbers represent a typical
assessment.
Eastlake 1's assessment is increasing slightly due mostly to a proposed increase in contractual
services. Eastlake Greens' increase in assessment is due to the anticipated turnover of additional
medians within the Greens' boundary. The cost of additional improvements is not offset by
additional units because most of the units were assessed last year for part of the maintenance of
Otay Lakes Road medians.
The FY 93/94 assessments for Eastlake I and the Greens are lower than anticipated because of
substantial savings used to lower the assessments. Most of the savings are due to the delayed
turnover of Otay Lakes Road medians.
Additional information is provided in the Engineer's Report.
Report for Zone E - Telegraph Canyon Channel
Boundary:
Staff recommends that a zone be established within the existing maintenance district to assess
property owners within the Telegraph Canyon drainage basin for the maintenance of the channel
from Eastlake Business Center to Rutgers Road. All properties within Eastlake I and the Greens
that are tributary to the basin and have recorded final maps are proposed to be assessed next
fiscal year. Two other developments, Salt Creek Ranch and Telegraph Canyon Estates, as a
condition of the final maps are required to participate in the cost of channel maintenance through
an open space district. These districts and corresponding zones will be formed in the future
which will lower the cost to those in Zone E, Eastlake Maintenance District No.1 (ELMDl).
Staff also anticipates forming a district or districts for the maintenance of the channel from
Rutgers Road to Paseo Ladera in the future as development within the basin occurs.
~-~
Page 3, Item ?
Meeting Date 6/1/93
Maintenance and Costs:
The anticipated annual maintenance includes debris and silt removal at the locations of the silt
fences and removal of invasive plant species as identified by the Fish and Wildlife permit. This
maintenance will be necessary to ensure that there will not be excessive silt build-up which
would reduce the needed capacity of the channel. The estimated cost of this maintenance is
identified in Table 2.
TABLE 2
Debris and silt removal(l) $2,600
Removal of invasive plant material(l) 33,000
Reserve requirement at 10% for 5 years 3,560
TOTAL $39,160
(l)Public Works-Operations will be responsible for this work
As a requirement of the Fish and Wildlife permit issued to Eastlake Development Company for
the construction of the channel, Eastlake is responsible for the maintenance associated with
establishing plant life and removing invasive species for a five year period. Consequently, the
assessment for the next five years will only include costs for debris and silt removal ($2600 +
10% or $6.56 per EDU/acre). Additionally, staff anticipates that the ultimate cost will be less
than that estimated ($39,160) because removal of invasive plant material may not be necessary
in the future as the channel stabilizes.
Methodology:
The methodology for spreading Zone E's cost is based on the amount of storm water runoff
anticipated for various land uses on an acreage basis. Table 3 summarizes the factors used to
determine the spread which is consistent with the methodology used for Rancho del Rey Open
Space District No. 20. The calculation is based upon I DUlAC at $89.86 per year assessment.
Other yearly rates are multiples of the spread factor times the $89.86 per year assessment. A
typical assessment in Zone E for the channel maintenance is under $20/year.
~-,J
Page 4, Item~
Meeting Date 6/1/93
TABLE 3
Runoff Spre.d Zone E
Land Use Density Coefficien Factor
t $2,600+ 10% $39,160/yr
per year Future
(Next Estimate
Year) (5 year)
Single F.mily 0-2(1) .6 1.00 $6.56 $89.86
Detached 2-4(1) .6 .33 2.16 29.66
4-6 .6 .20 1.32 17.98
6-8 .6 .14 .92 12.58
8-10 .6 .11 .72 9.88
Single Family 10-12 .7 .10 .66 8.98
Att.ched 12-20 .7 .07 .46 6.30
Multi-Family 20+ .8 .05 .32 4.50
Employment P.rk .9 1.50/.cre 9.84/.cre 134.80/.cre
Commercial .8 1.33/.cre 8.72/.cre 119.52/.cre
Church .7 1.17/.cre 7.68/.cre 105.14/.cre
Golfcourse .3 .50/.cre 3.28/.cre 44.94/.cre
(lNo homes in Zone E are at this density.
The above assessments are based on the projected ultimate cost of maintenance ($39,160).
Alternatives:
Appropriation of General Fund monies to perform the maintenance is one alternative to
establishing Zone E. However, Council Policy allows the costs associated with maintenance
of naturalized channels to be recovered through open space districts. Consideration to add the
maintenance of the channel to ELMDI is warranted because the channel improvements were
needed to develop the area.
Action
Approval of the resolution will accomplish the following:
I. Approve the boundary for Zone E within ELMDI for maintenance of
Telegraph Canyon Channel.
2. Approve the Engineer's Report.
3. Set the public hearings.
~- Lj
Page 5, Item ?
Meeting Date 6/1/93
Notice
The public hearings will be noticed pursuant to Government Code 6063 which requires that
notice be published at least once a week for three weeks 10 days before the second public
hearing.
Also pursuant to Section 54954.6 of the Government Code, property owners subject to an
increased assessment shall be notified of the two hearings by mail 45 days in advance of the
second public hearing. However, staff will be notifying all property owners. The notice will
include information regarding Zone E to maintain Telegraph Canyon Channel. Those property
owners within Zone E will be noticed this year of the estimated assessment as if the ultimate
costs ($39,160) associated with Zone E were being spread this year so that the owners are
made aware of the ultimate fiscal impact.
The Assistant City Attorney has opined that the addition of charmel maintenance to ELMD I
and the corresponding zone does not constitute a change in organization and consequently the
majority protest provision of the 1972 Act does not apply. Staff anticipates that there will be
strong opposition to this portion of the assessment. Staff will include the property owners
comments in the Council Report prepared for the July hearings.
The Parks and Recreation Department conducted an informal meeting for all property owners
within the district in April to explain the proposed budget. Information regarding Zone E and
the maintenance of the charmel was not presented at that meeting. However, the Department
of Public Works will be prepared to discuss the charmel maintenance and the assessments in
general at the informal, staff-level meeting scheduled in June.
FISCAL IMP ACT: The City recovers their costs from the Open Space District assessments.
Costs associated with establishing Zone E are covered by a deposit made by Eastlake
Development Company.
D08:08001
WPC F:\HOME\ENGINEER\AGENDA\913.93
Attachments: Zone E Boundary Map J
Engineer's Report J
Eastl~e ag~eement NOT SCANNED
CouncIl Policy
NOT SCANNED
~-p~-'
RESOLUTION NO.
/ 7 J3'~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE ENGINEER'S REPORTS
FOR THE FY 1993-94 SPREAD OF ASSESSMENTS FOR
EASTLAKE MAINTENANCE DISTRICT NO. I, DECLARING
THE INTENTION TO ESTABLISH ZONE E FOR THE
MAINTENANCE OF TELEGRAPH CANYON CHANNEL AND TO
LEVY AND COLLECT ASSESSMENTS AND SETTING JULY
13 AND 20, 1993 AT 6:00 P.M. AS THE DATES AND
TIMES FOR THE PUBLIC HEARING
WHEREAS, pursuant to Article 4, Chapter I, Part 2 of
Division 15 of the California Streets and Highways Code, also known
as "Landscaping and Lighting Act of 1972" and Chula vista Municipal
Code Chapter 17.07, the City Engineer prepared and filed the annual
reports for this Maintenance Districts in the City; and
WHEREAS, this report was prepared by the city Engineer or
under his direction and are presented to Council for approval in
order to proceed with public hearings set for July 13 and 20, 1993,
in accordance with the Landscaping and Lighting Act of 1972; and
WHEREAS, the report includes a new zone for assessing
property tributary to Telegraph Canyon Channel to pay for the
maintenance of the channel pursuant to an agreement between
Eastlake Development Company and the city (Resolution 13716
approved August 2, 1988); and
WHEREAS, the Parks and Recreation Department conducted an
informal meeting for all property owners within the district in
April at which time staff explained the proposed budget; and
WHEREAS, the Public Works
informal meetings on June 19 and 21
explain the proposed assessments; and
Department will conduct
at which time staff will
WHEREAS, the proposed assessments for Fiscal Year 1993-94
are as follows:
% Increase or FY 93-94
FY 92-93 FY 93-94(1) Decrease Revenue
Zone A - Eastlake I (includes SCI) $6.76 $6.98 3% $69,495
Zone B - Eastlake Greens 6.76 10.63 57% 20,394
Zone C - Olympic Training Center 0 0 - 0
Zone D - Salt Creek I 0 0 - 0
Zone E - Telegraph Canyon Channel 0 1.32 - 2,860
(I) Actual assessment per home varies with density of development. N umbers represent a typical
assessment.
1
&'-7
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby approve the Engineer's report
for the FY 1993-94 spread of assessments for Eastlake Maintenance
District No.1, a copy of which is on file in the office of the
city Clerk, and declare its intention to establish Zone E for the
maintenance of Telegraph canyon Channel and to levy and collect
assessments.
BE IT FURTHER RESOLVED that the city Council does hereby
set July 13 and 20, 1993 at 6:00 p.m. in the Council Chambers, City
of Chula Vista, 276 Fourth Avenue, Chula Vista, California as the
dates and times for the public hearings on said assessments.
BE IT FURTHER RESOLVED that the city Clerk is hereby
directed to publish said assessments pursuant to G~vernment Code
section 6063. ,L2.~", . I )
Presented by AP~a;1t '
John P. Lippitt, Director of
Public Works
ity Attorney
C:\rs\zoneE.os
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ZONE E BOUNDARY
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ZONE E
Telegraph Canyon
Channel
. .. CHANNEL - PHASE I
ENGINEER'S REPORT
LANDSCAPING AND LIGHTING ACT OF 1972
CITY OF CHULA VISTA
for
EASTLAKE MAINTENANCE DISTRICT NO.1
FISCAL YEAR 1993-1994 (RENEWAL)
Prepared by: Engineering Division
Department of Public Works
City of Chula vista
~ -/ t:)
ENGINEER I S REPORT
EASTLAKE MAINTENANCE DISTRICT NO. 1
(Pursuant to the Landscaping and Lighting Act of 1972)
The undersigned respectfully submits the enclosed report as
directed by the City Council.
DATED:
, 1993
[Engineer of Work]
By
I HEREBY CERTIFY that the
Assessment and Assessment
me on the day of
enclosed Engineer's Report, together with
Diagram thereto attached, was filed with
, 1993.
City Clerk, City of Chula vista
San Diego County, California
By
I HEREBY CERTIFY that the enclosed Engineer's Report, together with
Assessment and Assessment Diagram thereto attached, was approved
and confirmed by the City Council of the City of Chula Vista,
California, on the day of , 1993.
Resolution No.
city Clerk, City of Chula Vista,
San Diego County, California
By
(DDS3\ENGRPT2l
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ENGINEER'S REPORT
EASTLAKE MAINTENANCE DISTRICT NO. 1
(Pursuant to the Landscaping and Lighting Act of 1972)
The city Engineer, Engineer of Work for the Maintenance
District, makes this report, as directed by the City Council,
Resolution 17029, dated March 2, 1993, pursuant to section 22585 of
the streets and Highways Code (Landscaping and Lighting Act of
1972), and Chapter 17 of the Municipal Code,
The improvements which are the subject of this report are
briefly described as follows:
The renovation, improvement, maintenance and
furnishing of electric current for the street
lights and appliances, for the landscaping
renovation and maintenance, and for the
drainage area maintenance including silt
removal.
This report consists of six parts, as follows:
. PART A--Plans and specifications for the improvements are
filed with the City Clerk. Although separately bound, the
plans and specifications are a part of this report and are
included in it by reference.
. PART B--An estimate of the cost of improvement and net
assessment.
. PART C--An Assessment of the estimated cost of the improvement
on each benefitted parcel of land within the assessment
districts.
. PART D--A statement of the method by which the undersigned has
determined the amount proposed to be assessed against each
parcel.
. PART E--A list of names and addresses of the owners of real
property within these assessment districts, as shown on the
last equalized assessment roll for taxes, or as known to the
Clerk. The list is keyed to Exhibit C by assessment number.
. PART F--A diagram showing all of the parcels of real property
within these assessment districts.
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PART A
Plans and specifications for the improvement of Eastlake
Maintenance District No. 1 have been filed separately with the
street Superintendent of the legislative body and are incorporated
in this Report by reference.
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PART B-- ESTIMATE Of COST AND NET ASSESSMENT
NOTE: ZONE A AND B SHARE
COST OF OTAY LAKES ROAD MEDIANS
ELASMT.DRI
EASTLAKE I +
SUPPLEMENTAL
OLR MEDIANS
GREENS
Contract Services
158,280.00
$0,840.00
Utilities
20,560.00
6,420.00
Materials to sain Dldgs,struct.
1,020.00
710.00
Service to aain hldq,struct,grds
160.00
160.00
Landscape Supplies
900.00
240.00
City Staff Services
18,500.00
1,090.00
Backflov Certification
0.00
0.00
Trash Collection 6 Disposal
280.00
280.00
Professional Services
0.00
0.00
Other cossodities
Advertising
Supplesentals
GREENS
18,540.00
<(<(((<
CHANNEL
35,600.00
ESTIMATED MAINTENANCE COST
$153,840.00
$18,540.00
^
Reserve Reguireuent
56,406.00
`\
Additional reserve
0.00
Less fund Balance
81,197.00
NET ASSESSMENT
4129,049.00
ZONE A
ZONE B
ZONE C
ZONE D
ZONE E
EASTLAKE 1
GREENS
OTC SALT
CREEK 1
TC CHANNEL
BUDGET
$96,331.58
121,908.42
$0.00
40.00
$35,600.00
RESERVE
49,123.47
3,722.53
0.00
0.00
3,560.00
TOTAL FUNDS NEEDED
145,455.05
25,63035
39,160.00
LESS AMOUNT IN RESERVE
43,910.47
1,684.53
0.00
LESS SAVINGS
32,049.59
3,552.41
0.00
NET ASSESSMENT
$69,495.00
$20,394.00
$0.00
$0.00
$39,160.00
PARTICIPATING EDO'S
99706.00
19190.80
435.86
ASSESSMENT /EDU
$638
$10.64
$0.00
$0.00
489.86
NOTE: ZONE A AND B SHARE
COST OF OTAY LAKES ROAD MEDIANS
ELASMT.DRI
PART C -- ASSESSMENT ROLL
Assessment Roll is on file in the office of the City Engineer.
PART D -- METHOD OF APPORTIONMENT OF ASSESSMENT
The manner in which the City Engineer has apportioned the annual
assessment to each parcel in the Open Space Districts is consistent
with the method of spread initially established by the Assessment
Engineer. Assessment Engineer for Eastlake Maintenance District
No. I was willdan Associates and the City Engineer.
PART E -- PROPERTY OWNER'S LIST
The property owner's list is made a part of this report by
reference and is filed in the Office of the City Treasurer.
PART F--ASSESSMENT DIAGRAM (Attached)
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EAST LAKE
~DED DIAGRAM
MAINTENANCE DISTRICT
NO. I
CITY
COUNTY OF SAN
OF CHULA
DIEGO, STATE
VISTA
OF CALIFQRNIA
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AN A""'YRNT WAI LmED 1ft' THE CITY COUNCIL Of THE
ern Of CHULA Y'tITA. ITATE Of CALJfOIIIINlA, ON PARCEll OF
LAND IMOWN ON 1lUI AMENDE) A,,"'a.asn DlAGAAIII MAP.
MID AUEa.IMENT WAS L.EVtED ON TMI _ DAY OF _'
1MO. IAIDAMENDB>....- ENTIXACliAAMANDTHE.....SS-
IIENT IIOl.L WIRE _DID IN THE MACE Of THE CrTY
EIIOINUIl Of _ CrTY Of CHU.... VlnA ON THE _ DAY OF
_,1110. IIEFUIDICI.. MADE. TO THE......UMENT IItOLL
tlECORD5D Nil THE QIIFICE Of THE CITY IENGINEEJII FOR THE
IXACT AMOUNT OF EACH ....~-----y..L.eYIED AGAINST EACH
PAROEL OF L.AND IHOWN ON THIS AMENDED ...",....EHl
_. . .
RIRAENCE .. HERDV' MADE. TO THE COUNtY Of
SAN DIEGO, MSEUOfII PAIltCEL......... POIII DETAILED
DlMEHStONI Of INDMDUAL PAIICB.I.
ern CLEJU(. CITY OF CHULA YIlT.
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LEGEND
RI{ ~ .. 1M OFFICE OF THE em IEHGINEEA OF THE CITY
'Of CHULA YIlT. THII_ MY Of ,1110.
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CrTY IIIQIN_
CrTY Of CHUu. VISTA
...-0 It ~ 0fIP'IClE Of THE crrv CLDI_ Of THI CITY OF
QaA.A VISTA THII_ DAY OF 1110.
"--lilT DlS11tICT ICII.ICWtY
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ASSESSMENT NO
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AIIDICII'I PMCEL. NO.
STREET MEDIAN L.NI)SCAPE IMIfT'ENAHCE
CrTY CLEIIK . CrTY Of CHU.... VISTA
----- STREET l..........Il[. TREE MAIH'TENAHCl
PUD'MI_DAYOI' .111II AT _O'CLOCK'"
,.... 0PPK:a or". OOUNTY AUOITOA Of THE THE COUNTY OF
.... DIeQO. IT.Ta Of CALIFORNlA.
--- SJPPLDENTAL STltEET UIiHTlNG MUf'I'DWCE
CCMm' AUDITOII 01' IAll DIIOO COUNTY
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[ASTLAKE IIAIHTE.....NCE DLITRCT NO. I
SHEET fC). I OF 1
AMENDED DIAGRAM
EAST LAKE MAINTENANCE DISTRICT NO. I
CITY OF CHULA VISTA
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
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REFERENCE IS HEREBY MADE TO THE COUNTY OF
SAN DIEGO, ASSESSOR PARCEL. MAPS FOR DETAILED
DIMENSIONS OF INDIVIDUAL PARCELS.
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~-/7
EASTLAKE MAINTENANCE DISTRICT NO. I
SHEET NO.2 Of' 3
AMENDED DIAGRAM
EAST LAKE MAINTENANCE DISTRICT NO. I
CITY OF CHULA VISTA
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
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REFERENCE IS HEREBY MADE TO THE COUNTY OF
SAN DIEGO, ASSESSOR PARCEL. MAPS FOR DETAILED
DIMENSIONS OF INDIVIDUAL PARCELS.
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EASTL.AKE MAINTENA.NCE DISTRICT NO. t
SHEET NO.' Of .
EXHIBIT A
OPEN SPACE LOTS AND PHASING
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LEGEND, OPEN SPACE LOTS
PHASE I .. lIINCll.E FAMLY RESIlENTlAL AREA
PHASE I TOWNHOME AREA tFUTURE}
PHASE . COIlDOMNIUM AREA CFUTUREI
-.- DISTRICT BOUNDARY
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ct ASSESSMENT NUMBER
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AGREEMENT FOR THE MAINTEN.a.IICE OF
DRAINAGE CHANNEL AND ESTABLISHMENT
OF CHANNEL MAINTENANCE DISTRICT
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Thi. ...greement i. entered into on this ~ day of AUlu,~
1988. by and between THE CITY OP CHULA VISTA (.City.). e
municipal corporation. and EAST~B DEVELOPMENT COMPANY. e
California general partnership consisting of corporetions ("!DC")
bssed on the following facta and circumstances,
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RECITALS
1. The Ea.tLake I Public Pacilitie. Pinancing plan requires
the widening of Telegraph Canyon Road/Otay Lakes Road. This
widening requires the construction of a dralnage channel
("Channel") of varylng wldths and approximately three mlles
(16.200 llnear feet) in length.
2. The road widening project necessitates the relocation of
the existing dralnage course to the ultlmate one hundred (1001
year storm deslgn.
3. The City and EDC both deslre to establish e drainage
Channel Maintenance Distrlct es quickly as possible but recognize
that some period of malntanance may be required until the
formation of the district.
4. The road improvements are currently planned to be
constructed in three phases identified in Exhibit.... The Channel
improvements will be constructed concurrently with each road
phase.
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NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE FAC'fS, AND FOR
OTHER VALUl\BLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY
ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS:
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1. Obliqations of EOC
1.1. Maintenanca bV EOC. For a period of one year from
the date a Notice of completion is filed for each phase of the
Channel construction, (pursuant to City's standard timing and
practice for such Notice), EOC shall maintain at its sole cost
and expense, that portion of the Channel for which construction
is then complete.
1.2. Maintenance by City. For each of the next two
years after each phsse of the Channel is completed, Dr until the
Channel Maintenance District is formad, whichever occurs first,
EDC shall pay to the City the costs of Channel maintenance for
whatevar phasas of the Channal have baen completed. At the
beginning of each fiscal year, the City shall prepare a scope of
work and cost estimate for the Channel maintenance and submit
them to EDC for review. EDC will have the opportunity to raview
and discuss with the City the proposed scope of work. EDC shall
remit payment in full within sixty (60) days. If, and only if,
payment is not made within sixty (60) days, the city shall draw
upon the sacurity postad by EDC as described in Section 1.3,
below, for said amount.
The maximum maintenance costs per phase are: phase I.
$8.750.00, Phase II, $17,850.00; phase III, $8.400.00.
1.3. prepaid Maintenance Costs. In addition to the
obligations set forth in Section 1.1 and 1.2 to maintain the
Channel. EDC shall post Letters of Credit or alternata sacurity
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eccepteble to the City in the totel emount of Five Hundred
Thousend Dollers ($soo.OOO.OOl. hereefter referred to es the
"prlnclpel", whlch ls estlmeted to be en amount which will
generate e yearly interest return sufficient to fund future
meintenence requlrements. The Letters of Credit or elternete
security eccepteble to the City shell be provlded ln eccordance
wlth the requlrements of Sectlon 1.4 below. end shell remain in
force for a per10d of three yeers or unt11 the Channel
Malntenanca Dlstr1ct 1s formad. whlchever occurs f1rst. If the
Channel Meintenence D1str1ct is not formed w1thin e period of
three (3) yeers from the complet10n of the first phase of Chennel
con.truct1on. the City w1l1 meke a wr1tten demend on EDC for thet
port10n of the .ecurity li.ted 1n Section 1.4 below. EDC w111
remit the requested amount with1n .ixty (60) dey.. If EDC does
not remit the requested emount within the spec1f1ed time. the
City ahell heva the right to draw down the Letter. of Cred1t or
elternete .ecur1ty ecceptable to the C1ty, and dapos1t seld funds
ln en 1ntarest beering eccount to be used excluslvely for the
maintenence of the Chennel.
1.4. It 1. the City'. intention to ut11ize the
pr1nc1pel rece1ved from EestLeke eS a trust fund using only the
interest eern1ngs to cover the yeerly meintenence costs of eech
completed portion of the Channel; however. beceuse e full year'.
1nterest mey not be eccrued prior to the t1me the C1ty must
expend funds for the maintenance of the Channel. !DC shell
prov1de a Letter of Cred1t or other .ecur1ty .et1.fectory to the
C1ty by phase 1n the amounts shown ln Sect10n 1.5. This secur1ty
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wl11 be utl1lzed to supplement the lnterest earned durlng a
partial year the princlpal is on deposlt. It shall be posted by
phase at the same tlme the prlnclpal securlty in Sectlon 1.S is
posted. For purposes of this section, "interest" shall be
deflned as tha lnterest regularly pald on slml1ar lntarast
bearing accounts by the instltution of the Clty's cholce for
maintainlng the above-mentioned trust fund account; provlded,
however, that if such amount is less, on a pro rata basls, than
the amounts contalned ln Sectlon 1.2, EOC'S maxlmum 11abl1lty
shall be 11mlted to the emounts countalned ln sectlon 1.2.
1.5. postlnQ of tha Letters of credit or Alternate
securlty Acceptable to the Clty. For eech phase of the Channel
Improvements, Letters of Credlt or alternate securlty acceptable
to the Clty shall be posted ln an amount whlch represants the
prorata portlon of the entlre Channel whlch that phase bears to
the whole with the City on a date whlch ls one year from the date
of completlon of that phase of the Channel es follows,
supplemantal
principal securitr,
","ounts Amounts/
phase 1 (4,500 ft. ) 28' $ 140,000 $ 8,7S0
Phase 11 (8,600 ft. ) S3' 265 ,ODD 17,850
Phase III (3,100 ft. ) ln 95,000 8,400
$ 500,000 $3S,OO~
provlded, however, that the Letter of Credlt or alternate
securlty satlsfactory to the Clty shall ln no event be posted
later than the date on whlch the bond or other securlty for the
guaranty and warranty of lmprovements (on the rbannel) is
released, or ln the event that no such bond has been pOlted, no
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later than the date on which the faithful performance bond for
construction of the Channel is released.
1.6. EDC agrees to advance to the city of Chula Vista
such funds as may be reasonably necessary for the formation of
the Channel Maintenance District. These costs for the formation
of the district shall be reimbursed trom tees collected from the
Channel Maintenance District after it is tormed.
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2. Obligations of City
2.1. The City shall use its best etforts in. and
diligently pursue. the formation of the Channel maintenance
district. which will include as much as practicable. all of the
land within the drainage basin served by the Channel
improvements.
2.2. The City shall cooperate with the county ot San Diego
and use its best etforts to include in the Channel maintenance
district all property within the drainage basin which is within
the jurisdiction of the county.
2.3. In the event that EDC remits cash or the City
draws down the Letters ot Credit or alternate security
satisfactory to the City. the City shall place the proceeds in a
separate interest-bearing account earmarked solely and
specitically for the purpose of defraying the costs of Telegraph
Canyon Road/Otay Lake Road Channel maintenance within the reaches
shown on Exhibit A. and neither the principal nor the interest
may be used for any other purpose.
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Credit or altarnate .ecurity .ati.faction to the City ha. been
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the .ecurity .0 d.po.ited. pluS accuaulat.d int.r.st. or any
portion th.r.of r...inin; aft.r all duly incurr.d exp.ns.. to
that point have ba.n paid. .hall b. r.turn.d to EDe.
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entitl.d to a judqa.nt a;ainst the other for an a.ount .qual to
r.asonabl. attorn.ys f..s and court cost. incurr.d.
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COUNCll.. POUCY
CITY OF CHUlA VlSfA
SUBJECT: DRNNAGE-NA~CHANGES~~N
OPEN SPACE
POUCY
NUMBER
EFFECTIVE
DATE
PAGE
ADOPTED BY: Resolution No. 15869
522-02 09-14-90 1 OF 1
1 DATED: 09-14-90
BACKGROUND
At the meeting of September 5, 1989, Council adopted Ordinance 2331 which revised the procedures for
establishing open space districts in the City and provided for the maintenance of improvements in open space
areas. Although Council adopted subject ordinance, it directed staff to return with provisions to require the
developers to assist in providing financing for the maintenance of natural drainage ways.
PURPOSE
Establish a Council Policy which outlines the responsibilities of the developer regarding maintenance of
natural drainage ways.
POUCY
The Council establishes the following policy for the maintenance of natural drainage ways:
1. When a developer requests formation of an open space district which includes a natural drainage
channel as part of an open space lot, the developer shall maintain the natural drainage facilities for a
period of five years. The five year maintenance period by the developer will start when the City Council
accepts the open space landscaping.
2. The maintenance shall be guaranteed through a bond to the City in an amount equal to the estimated
five-year cost. At the request of the developer, the City may allow the bond to be reduced annually by
10% per year and released completely after five years.
3. The district shall be formed and assessments levied during the five year period while the full cost of
maintenance of the channel is being born by the developer. This provides a reserve amount to be
utilized in case of emergency.
4. The upstream property owners may be required as a condition of approval of future development to pay
their fair share of the maintenance costs of downstream natural drainage facilities which are within,
and maintained by, other open space districts.
~"'rJ. 7
COUNCIL AGENDA STATEMENT
Item 2-
Meeting Date 6/1/93
ITEM TITLE: Report on administrative procedures for implementation of the California
Gnatcatcher listing as a threatened species
SUBMITTED BY: Director of Planning ~t
REVIEWED BY: City Manager.JEt ~ ~IJ (4/Sths Vote: Yes_No X)
RECOMMENDATION: That Council accept this report.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Background
On March 25, 1993, the California gnatcatcher (gnatcatcher) was listed as a "threatened" species
under the Federal Endangered Species Act of 1973. This listing was immediately effective and
precludes take of the gnatcatcher or occupied coastal sage scrub (CSS) habitat unless the
proposal has been approved by the U. S. Fish and Wildlife Service (USF&WS). All land
development projects affecting CSS are impacted, including those that have been approved but
have not been constructed, as well as those permit applications currently in process.
The Endangered Species Act (Act) provides for a special Rule under Section 4(d) in those cases
where the status is identified as threatened. In the case of the gnatcatcher, the Service is
proposing a special Section 4(d) Rule that would define the conditions under which take of CSS
would be allowed. The Service has further tied this special Rule to the State's Natural
Community Conservation Planning (NCCP) process.
In order for development that could potentially impact the gnatcatcher to proceed, the Service
is requesting that the interim goals of the draft NCCP Guidelines be addressed as specified by
the Section 4(d) Rule listing language provided by the Service. These draft goals include
minimizing short-term loss until a long-term enhancement program is formulated. This could
be accomplished by limiting the total interim loss to 5 percent of CSS habitat with appropriate
mitigation in any subregion, and to the degree possible, limiting this loss to areas with lower
populations of species of concern. Although the subareas are yet to be defined, the State of
7-/
Page 2, Item 2-
Meeting Date 6/1/93
California Resources Agency will work with local governments to define these areas in the near
future. Other draft goals include protecting areas of higher long-term reserve value and
corresponding landscape linkages until a subregional plan can be put in place, steering
development pressure toward areas that have low long-term conservation value, and ensuring that
all habitat loss is adequately mitigated through the replacement of the habitat lost by enhancing
and restoring additional CSS.
The listing of the gnatcatcher results in three time periods that differ with respect to obtaining
approval from the USF&WS for take of the gnatcatcher or CSS. These three periods are:
Phase 1:
the time period occurring prior to issuance of the Section 4(d) Rule;
Phase 2:
the time period occurring between issuance of the Section 4(d) Rule but prior to
approval of an NCCP; and
Phase 3:
the time period following completion and approval of an NCCP.
The attached administrative guidelines are intended to address procedures for implementation of
the gnatcatcher listing during Phase I as referenced above. They were developed by the
Planning Department in consultation with the City Attorney's office, Engineering Division,
Community Development Department, and Building and Housing Department. They are
intended to ensure that local land use and development regulations are coordinated with federal
regulations pertinent to the listing, and that local project applicants are made aware of federal
requirements at the earliest possible stage of the development review process. The procedures
are similar in scope to those being implemented by the County of San Diego and City of San
Diego, which have been endorsed by the U.S. Fish and Wildlife Service. They are being sent
to the affected resource agencies, Construction Industry Federation, and Alliance for Habitat
Conservation, and Endangered Habitats League for review and comment.
Summarv of Procedures
Building Permits
Staff will assist project applicants in determining whether a proposed project could have an effect
on gnatcatchers or coastal sage scrub. Applicants for projects which could have an impact will
be requested to sign a disclaimer form acknowledging that they have been informed of the
gnatcatcher listing, and language will be attached to the permit clarifying that the City's permit
does not supersede any other Federal, state, or city laws.
7",;"
Page 3, Item ?
Meeting Date 6hi93
Grading Permits
Grading permits for projects associated with tentative maps or parcel maps approved prior to the
listing of the gnatcatcher will be issued, with the applicant being notified of the gnatcatcher
listing and being required to sign the disclaimer form. For projects approved after March 25,
1993, the applicant will be required to meet all requirements associated with "discretionary
actions or permits" below. Similarly, any "stand-alone" grading permits not associated with a
previously approved tentative map will be evaluated as "discretionary actions or permits."
Discretionary Actions or Permits
All discretionary permits or actions which may affect gnatcatchers or coastal sage scrub will be
reviewed in accordance with the City's Enviromnental Review Procedures and any other interim
development review procedures which may be established by the Federal or State agencies which
are applicable. In cases where an applicant does not agree to avoid gnatcatchers or occupied
coastal sage scrub habitat, staff will recommend that a condition be imposed on the project
which will require that the applicant obtain appropriate federal and state permits prior to
recordation of a final map, grading permits, or other approvals.
FISCAL IMPACT:
The implementation of the procedures outlined above will result in administrative costs which
will be borne by the development service departments involved in the various permit processes
described above. To the extent feasible, these costs will be recovered through related processing
fees and charges.
(gnatctch.Al13)
?~:J
CITY OF CHULA VISTA
ADMINISTRATIVE
PROCEDURES FOR IMPLEMENTATION
OF THE CALIFORNIA GNATCATCHER LISTING
AS A THREATENED SPECIES
May 19, 1993
The following information and procedures are provided in response to the listing of the
California Gnatcatcher as a Threatened Species. Copies of these procedures will be made
available at all counters serving the public.
BACKGROUND
On March 25, 1993, the California Gnatcatcher was listed by the U. S. Secretary of the Interior
as "threatened" under the Federal Endangered Species Act. This listing was effective
immediately.
Until an interim conservation process is adopted by the U. S. Fish and Wildlife Service
(USF&WS) and the California Department of Fish and Game (CDF&G) in the next several
months, no "take" (harm, harassment or disturbance) of the species or occupied coastal sage
scrub habitat is permitted unless the applicant obtains the necessary federal permits or approvals.
Once this interim conservation process is in place, the "take" allowed is expected to be about
5 % of the coastal sage scrub (CSS) habitat in the region. This interim process would be in place
until a final conservation plan, known as a Natural Communities Conservation Plan (NCCP),
is completed and adopted by the City and other agencies, and approved by the U. S. Fish and
Wildlife Service and State Fish and Game.
Under the NCCP, more development than the 5 % take may be allowed in exchange for
implementation of a permanent regional wildlife preserve protecting the California Gnatcatcher
and many other sensitive species. Adoption of the NCCP by the state and federal wildlife
agencies will allow the City to take over permitting authority for the gnatcatcher and CSS.
There are no vested rights under the Endangered Species Act, thus all discretionary and
ministerial permits, and all development, construction, grading or clearing that relied on
previously-approved permits are affected. Violations of the Endangered Species Act by taking
species or habitat can result in substantial fines and penalties imposed by the U. S. Fish and
Wildlife Service.
?~o/
Building Permits:
. All applicants receiving permits must sign the Endangered Species Act (ESA) Disclaimer
form available at the Planning, Building, and Engineering counters, unless it is known
with certainty that the permit will not affect CSS habitat. The Environmental Review
Section of the Planning Department will provide mapping of areas clear of CSS. A
signed copy of the ESA Disclaimer and permit shall be forwarded to the Environmental
Review Section of the Planning Department which will in turn forward a copy to the
USF&WS.
. The issuing department for any permit will assure that the following disclaimer language
appear on all permits or plans unless it is known with certainty that the permit will not
affect CSS habitats:
"The issuance of this permit by the City of Chula Vista does not authorize
the applicant for said permit to violate any federal, state or city laws,
ordinances, regulations or policies including, but not limited to, the
Federal Endangered Species Act of 1973 and any amendments thereto."
Grading Permits:
. Grading permits associated with tentative subdivision or parcel maps approved prior to
March 25, 1993, will be issued subject to the following procedure:
1. Grading permits will be reviewed for the potential presence of coastal sage scrub
through the Environmental Review Section of the Planning Department. If CSS
is present, the Environmental Review Section will so indicate on the standard
comment form sent back with the plan check to the Engineering Division. The
Engineering Division will notify the applicant that CSS is present, and
recommend that the applicant contact the USF&WS.
2. Prior to the issuance of a grading permit by the Engineering Division, the ESA
Disclaimer form must be signed, and the above disclaimer language included in
the permit or on the plans. The Engineering Division will forward a signed copy
of the ESA Disclaimer and permit to the Environmental Review Section of the
Planning Department, which will in turn forward a copy to the USF&WS.
. Grading permits associated with any tentative subdivision or parcel maps approved on
or after March 25, 1993, where coastal sage scrub is impacted will not be issued without
full compliance with all conditions of approval, which may include a requirement for a
Section 7 or lOa permit or other form of approval from the USF&WS, as described
below under "Discretionary Projects." All applicants receiving permits from the
-2-
7->
Engineering Division must sign the ESA disclaimer form, unless it is known with
certainty that the permit will not affect CSS habitat. The Environmental Review Section
of the Planning Department will provide mapping of areas clear of CSS. The
Engineering Division will forward a signed copy of the ESA Disclaimer and permit to
the Environmental Review Section of the Planning Department, which will in turn
forward a copy to the USF&WS.
. "Stand alone" grading permits not associated with a subdivision or parcel map are
separate, independent discretionary actions, and are subject to the discretionary
procedures described below. All applicants receiving permits must sign the ESA
disclaimer form unless it is known with certainty that the permit will not affect CSS
habitat. The Engineering Division will forward a signed copy of the ESA Disclaimer and
permit to the Environmental Review Section of the Planning Department, which will in
turn forward a copy to the USF&WS.
. Holders of grading permits already issued will receive a letter from Engineering advising
them of the California Gnatcatcher listing, and offering staff assistance in determining
the presence of CSS.
Discretionary Actions or Permits:
. Discretionary projects that do not impact California Gnatcatchers or CSS, or which are
redesigned or conditioned to avoid such impacts, will be scheduled for hearing in the
usual manner.
. Discretionary projects that do impact California Gnatcatchers or CSS will be scheduled
for decision or hearing if the applicant requests, with the following caveats:
I. This existence of coastal sage scrub and/or gnatcatchers on a project site shall be
evaluated through the City's environmental review process, and the results of said
environmental review will be given strong consideration in formulating a staff
recommendation and proposed conditions for the project. In addition, the City
will take into account any interim development review procedures which have
been established, or may be established, in conjunction with the City's
participation in the State Natural Community Conservation Program or other
related programs.
2. If the applicant does not redesign the project to avoid CSS, the following
condition will be added to the permit language:
"Prior to consideration of any final subdivision or parcel map, issuance
of a grading permit, or issuance of a building permit for any portion of
-3-
7.,t
the project site, proof of an incidental take permit under Section 7,
Section lOa of the Endangered Species Act or any other form of approval
by the USF&WS relative to the California Gnatcatcher or CSS shall be
provided to the Environmental Review Section of the Planning
Department. If such permit is not required, written verification to that
effect from the U. S. Fish and Wildlife Service shall be provided. Any
project redesign required in obtaining a Section 7 or lOa permit will
require reconsideration by the appropriate City decisionmaking body."
Environmental Review
. If CSS impacts are anticipated, USF&WS level biological surveys will be required. If
there is a potential impact on or any take of California Gnatcatchers or CSS, this will be
considered an exception to any exemption from CEQA, and CEQA will apply to all such
projects.
-4-
7-7
NOTIFICATION OF THREATENED SPECIES LISTING
OF THE CALIFORNIA GNATCATCHER
UNDER THE FEDERAL ENDANGERED SPECIES ACT OF 1973
On March 25, 1993, the United States Department of the Interior listed the California
Gnatcatcher as a "threatened species" thereby requiring Federal protection of the songbird under
the provisions of the Endangered Species Act of 1973 and all amendments thereto.
Please be informed that the coastal sage scrub and other habitats upon which this species depends
is located throughout many areas of San Diego County. It is the responsibility of all persons
anticipating development activities in these areas that may adversely affect this species to comply
with the provisions of the Endangered Species Act.
The Act prohibits anyone from "taking" a gnatcatcher, which includes killing, harming, or
harassing the species, or destruction of its habitat. The Secretary of the Interior Babbitt has
proposed special rules (Section 4(d) of the Act) which are intended to allow the U. S. Fish &
Wildlife Service to define conditions associated with certain land use activities under which the
take of the gnatcatcher or its habitats would not be a violation of the Act. These special rules
will not, however, take effect for some time. If there is a possibility of the presence of
gnatcatchers on your property, you are advised to contact the local office of the U. S. Fish and
Wildlife Service for specific advice and information. Their field office is located at 2730 Loker
Avenue West, Carlsbad, CA 92008 (619) 431-9440.
The issuance of this or any permit by the City of Chula Vista does not authorize the applicant
for said permit(s) to violate any Federal, State, County or City laws, ordinances, regulations or
policies including, but not limited to the Federal Endangered Species Act of 1973 and any
amendments thereto (16 U.S.C. Section 1531 et seq).
I hereby acknowledge by my signature that I have read and understand this notice.
Applicant/Owner
Date
Copy: Applicant/Owner
Environmental Review Section, Planning Department (attach copy of permit)
(gnatchr.pcd)
? - Y'"
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 6/1/93
ITEM TITLE: Report on changes to Chula Vista Transit (CVT) Routes 706A and 712
SUBMITTED BY: Director of Public Work~lr!
REVIEWED BY: City Manager,JG ~ 40) (4/5ths Vote: Yes_NoX)
Staff is proposing the following changes to CVT Routes 706A and 712 effective July I, 1993:
I. Route 706A (please refer to Attachments I and 2)
a. Expand the 706A loop to continue south on Marina Parkway to J Street, then
north on Bay Boulevard to H Street, then follow present 706A routing via Third
Avenue to the KOA Kampground.
b. Delete 706A service on Fourth Avenue between E and I Streets.
c. Extend operating hours from 7:00 a.m. to 8:17 p.m. seven days a week. (Route
706A currently operates from 9:00 a.m. to 7:21 p.m. every day as a
counterclockwise loop; the Route 706 operates from 7:00 a.m. to 7:35 p.m.
Monday through Saturday as a clockwise loop.)
2. Route 712 (please refer to Attachment 4)
a. Extend the 712 route from Palomar Station to Bay Boulevard, and return to the
Palomar Station via Ada and Stella Streets.
b. This extension would be effective on Monday through Friday, but on Saturday
and Sunday the Route 712 would terminate at the Palomar Station as it does
currently.
RECOMMENDATION: That Council accept this report and approve the proposed changes
to CVT Routes 706A and 712 effective July I, 1993.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Route 706A
CVT Routes 706 and 706A are the two "Downtowner" routes serving the central Chula Vista
area on Third and Fourth Avenues between C and J Streets. Route 706 operates as a clockwise
loop from the H Street Trolley Station and Route 706A operates as a counterclockwise loop
? .-/
Page 2, ltemL
Meeting Date 6/1/93
from the Bayfront Trolley Station. Route 706A currently makes five diversions to the KOA
Kampground off Second Avenue and four times daily to the Chula Vista Harbor area. Route
706 operates on a 20-minute headway using two buses, one trolley bus and one regular bus.
Route 706A operates with one trolley bus and has an irregular headway ranging from
approximately 40 to 60 minutes because of the periodic diversions to the KOA Kampground
and Chula Vista Harbor. Both 7061706A routes have a reduced fare of 25 cents for all
passengers.
Following are selected operating data on both Routes 706 and 706A for the period July through
December 1992.
Category Route 706 Route 706A
Total Riders 80,463 30,065
Revenue Miles 26,735 18,570
Operating Cost $64,544 $44,839
Total Fare Revenue $27,528 $12,273
Recovery Ratio 42.6% 27.4%
Subsidy Per Passenger $.46 $1.08
These data show that Route 706 is a more productive route than 706A. This better
performance is due partially to the more frequent service on the 706 (two buses on the 706
instead of one on the 706A), but also to the more consistent routing and scheduling on the 706.
The 706A diversions to the KOA Kampground and the Bayfront area were implemented a few
years ago with the intent of providing initial infrequent service to these areas until demand
warranted more frequent and regular service. The current 706A routing and schedule has
shortcomings for riders on the diversion portions because of the service infrequency, and also
for riders on the rest of the route because of the irregular schedule.
Staff is proposing to change the 706A loop as follows:
Extend the route south on Marina Parkway, then east on J Street to Bay Boulevard,
north on Bay Boulevard to H Street, east on H Street to Broadway and from this point
the route would continue on the present 706A routing along J Street to Third Avenue
north to the KOA Kampground.
706A service would be removed from Fourth Avenue between E and 1 Streets.
Operating hours would be expanded approximately 3 hours daily, with service starting
at 7:00 a.m. and ending at 8:17 p.m.
The proposed routing would allow the route to operate on an hour "clock" headway,
with a 13 minute layover each trip at the Bayfront Station.
<6"''';''
Page 3, Item If"
Meeting Date 6/1/93
The changes to the Route 706A are proposed for the following reasons:
The enhanced consistency in routing and scheduling has the potential to Increase
ridership on all portions of the route.
Expanded service to the Bayfront area should encourage ridership for both recreational
and employment trip purposes. For the past few months, Transit staff has been
coordinating with Ms. Charla Rios, Property Manager, the Greenwald Company,
concerning occupancy in buildings in the vicinity of J Street and Bay Boulevard. Ms.
Rios requested CVT service to this area for employees and customers. Attachment 3
is a letter from Ms. Rios regarding tenant occupancy in these buildings.
Ridership from the KOA Campground area has been good, an average of 6 passengers
per trip. Visitors from this area take the 706A to central Chula Vista and also to
transfer to the San Diego Trolley. More consistent service to this area should
encourage ridership.
Deletion of 706A service between E and I Streets should have minimal impact on
current riders. Most recent 706A passenger counts show a total of 31 passengers daily
(13 boardings and 18 deboardings) on Fourth Avenue between E and I Streets, an
average of 2.3 passengers per trip. These passengers have the following options
available for CVT use: Route 706 which operates on a 20-minute headway, and CVT
Routes 701, 702 and 704 which serve the area on Fourth Avenue that will no longer
be served by 706A.
Route 712
Route 712 currently operates between the Palomar Trolley Station and the Sharp Chula Vista
Medical Center via Palomar and Naples Streets. The route currently operates on a 45-minute
headway, 7 days a week. This route was started in FY 1991-92 primarily to provide additional
CVT service on Palomar Street (in addition to CVT Route 702). Route 712 productivity has
been above the system average; in FY 1991-92, the route had a fare revenue/operating cost
recovery ratio of 53% (compared to the CVT system 42%).
The extension of Route 712 is proposed to serve the employees and visitors to the office
complex on Bay Boulevard north of Palomar Street. This complex has approximately 276,000
square feet of office/retail space and is a potential transit ridership generator. In addition, the
San Diego Consortium and Private Industry Council plans to open a re-employment center in
this office complex on July I, 1993. This center will be operated by the Consortium in
partnership with the Employment Development Department and Southwestern College. The
Transit Coordinator met recently with representatives from these three agencies to discuss the
new re-employment center. The center will employ approximately ten individuals initially and
it is anticipated that up to 100 people daily could visit the center.
The Palomar Trolley Station is served by CVT Routes 701, 702, 703, and 712. In evaluating
how to provide service to the area near Palomar Street/Bay Boulevard, staff considered
~.,- ;3
Page 4, Item 3"
Meeting Date 6/1/93
extending each of these four routes but decided that extending Route 712 would have the least
adverse impacts on current ridership and scheduling.
Staff is proposing the following changes to Route 712:
Extend Route 712 from the Palomar Station to Palomar StreetlBay Boulevard. This
extension would be in effect from 7:50 a.m. to 9:05 p.m., Monday through Friday. On
Saturday and Sunday, the Route 712 would operate as it currently does, terminating at
the Palomar Trolley Station.
The Monday through Friday schedule would be changed to operate on a "clock" one-
hour headway with a 10-minute layover at the Palomar Station and a 4-minute layover
at the hospital complex. The weekend schedule would operate on a 45-minute headway
that is current! y in effect.
In summary, the proposed routing and schedule changes to the 706A and 712 will improve
service for all riders, and both changes have the potential to increase ridership. Impacts of
these changes on existing 707 A and 712 riders should be minimal. If Council approves these
changes, they would be effective July 1, 1993. Staff will monitor ridership on these routes and
report back to Council at a later date if any further changes to either route is warranted.
FISCAL IMP ACT: The proposed route change to 706A will increase annual revenue miles
operated annually by 8,538; the proposed 712 changes will decrease the annual revenue miles
operated by 9,946 (the Route 712 annual miles operated will decrease due to a reduction in the
number of trips operated daily, although the miles per trip will increase because of the
additional service to Bay Boulevard). The net result of these two proposed changes will be
an annual decrease in miles operated of 1,400. Based on the San Diego Transit contract cost
per mile of $1.89 next fiscal year, the contract cost for these change will be a decrease of
$2,646 ($1.89 x 1,400 miles).
WMG:FileJDSOI6
WPC F:\HOME\ENGINEER\AGENDA\706a712.chg
?'>i
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Route 706A
Downtowner Route
Serving
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Chula Vista Marina
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fftYI* ell 14 e""- .3.
THE GREENWALD COMPANY
April 22, 1993
Mr. Greg A1abado
Chula vista Transit
707 F street
Chula Vista, CA 91910
Dear Greg,
I would like to apprise you of the changes in occupancy in the
buildings adjacent to "J" street and Bay Boulevard.
community Health Group is the new owner of 740 Bay Boulevard and
they will have approximately ninety (90) employees.
Ren Corporation, a kidney dialysis group will be occupying
approximately 15,000 square feet 630 Bay Boulevard, on May 1, 1993.
They will have approximately twenty (20) employees and fifty (50)
patients per day.
We are still in negotiations with National University to occupy 660
Bay Boulevard and feel secure a lease will be signed by April 30,
1993.
I hope this
serv~ce on a
Boulevard.
information will help you finalize your plans for
regular basis to the corner of "J" street and Bay
public transportation to this area will be a major asset in the
growth of the coastal area. Please keep me apprised of any changes
and when the route has been approved by the city Council. Thank
you for your help in this matter.
Sincerely,
FOSTER PROPERTIES
BY: The Greenwald Company
" '
\~~ ~YL
Charla Rios
Property Manager
740 BAY BOULEVARD . CHULA VISTA. CALIFORNIA 91910
TELEPHONE (619) 427-1900 . FAX (619) 427-1997
8'" 7
Attachment 4
~
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OJY OF
CHUlA VISTA
Route 712
Service Between
Scripps Hospital Complex
and
Bay Blvd.
Via
Palamar Trolley Station
East Naples Street
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~ Proposed Change:
Re-Employment Center:
------
(g)
COUNCIL AGENDA STATEMENT
Item '7
Meeting Date 6/1/93
REVIEWED BY:
Public Hearing: Conditional Use Permit PCC-9l-24; Appeal of Planning
Conunission approval ofrequest to redevelop service station and add mini-
market and car wash at 1498 Melrose Avenue - City Council
Resolution ) 7/ :J '3 Affirming the decision of the Planning
Conunission and thereby approving PCC-9l-24
Director of Planning / 1iI (
r
City Manager J~ ~~~) (4/5ths Vote: Yes_No...KJ
ITEM TITLE:
SUBMITTED BY:
This item has been continued from the meetings of May 4 and May 25, 1993. In each instance
the mailing list has been renotified of the new hearing date well before the meeting.
The proposal is to redevelop an existing service station site into a self-serve gas facility with
mini-market and car wash at 1498 Melrose Avenue in the C-N Neighborhood Commercial zone.
The project was approved by the Planning Commission on January 8, 1992, and subsequently
appealed by the City Council in response to concerns raised by surrounding residents and
business owners with respect to potential traffic impacts and an over-concentration of alcoholic
beverage sales facilities in the area.
On May 12, 1992, the Council postponed consideration of me appeal pending the consideration
of a review process for alcohol sales facilities in C-N zones. Such a process was adopted by
Council on August 25, 1992 (Ordinance 2526), and in January of this year the Zoning
Administrator conditionally approved Conditional Use Permit PCC-93-1O to sell alcoholic
beverages at the Texaco mini-market subject to approval of this appeal. PCC-93-1O has also
been appealed to Council and is the following item on the agenda.
The Environmental Review Coordinator conducted an Initial Study, IS-9l-22, with Addendum,
of potential environmental impacts associated with the implementation of the project. Based on
the attached Initial Study and Addendum and comments thereon, the Coordinator has concluded
that, although there is the potential for significant environmental impacts, there will be no
significant environmental impacts due to required mitigation measures, and recommends adoption
of the Mitigated Negative Declaration and Addendum issued on IS-9l-22.
RECOMMENDATION: That Council adopt the resolution affirming the decision of the
Planning Commission and thereby approving PCC-9l-24.
BOARDS/COMMISSIONS RECOMMENDATION: On January 8, 1992, the Planning
Commission voted 5-2 to approve PCC-9l-24.
On September 23, 1991, the Design Review Committee voted 3-1 to approve the project
architecture and site design (Ref. DRC-92-0l).
9'1
Page 2, Item~
Meeting Date 6/1/93
DISCUSSION:
Adiacent zoning and land use
North -
South
East
West
C-N
R-l
C-N
C-N
Conunercial center
Single family dwellings
Conunercial
Conunercial center
Existing site characteristics
The project site consists of an existing service station on 0.92 acres at the northwest comer of
Melrose and Orange A venues. The property is bounded on the north and west by the Orange
Village Plaza Shopping Center. Conunercial uses are located to the east across Melrose Avenue,
with single family dwellings to the south and southeast across Orange Avenue.
Proposed use
The proposal is to remove the existing structure and pumps, and construct an 1,800 sq. ft. mini-
market with two adjoining self-serve gas dispenser islands and a 750 sq. ft. automated car wash
structure. The mini-market and gas pumps would be located in the central portion of the site.
The car wash is proposed at the northerly boundary abutting the shopping center parking lot.
ANALYSIS:
Design
In terms of design, the new mini-market and car wash structures, as well as additional
landscaping and enhanced paving, will significantly upgrade the appearance of the property.
Design elements have been incorporated into the project in order to link the architecture with the
recently remodeled shopping center which adjoins the site on the north and west.
Noise
Potential noise impacts are closely evaluated in the case of car wash operations. The City's noise
standards limit exterior daytime noise levels (7:00 a.m. to 10:00 p.m. weekdays, and 8:00 a.m.
to 10:00 p.m. weekends) to 55 dBA and 65 dBA for residential and conunercial receptors
respectively. These levels drop to 45 dBA and 60 dBA during nighttime hours (10:00 p.m. to
7:00 a.m. weekdays, and 10:00 p.m. to 8:00 a.m. weekends). Further, if the existing ambient
noise level is higher than the otherwise applicable standard, it becomes the standard.
A noise study by Colia Acoustical Consultants (May, 1991) indicates that the existing maximum
abient noise level is 57.5 dBA. Since this is higher than the City's standards for residential
receptors, the 57.5 dBA becomes the standard for this site. As noted in the Study, the worst case
condition from noise generated by the car wash is projected to be 56.3 dBA for the residential
receptors to the east. Since this is less than 57.5 dBA, the car wash will meet the City's daytime
9--.2
Page 3, Item c:;
Meeting Date 6/1/93
standard. The car wash facility will not be allowed to operate during the nighttime period since
it would exceed the City's standard for that time period.
Traffic
One of the concerns expressed by neighboring business owners and residents is the potential
traffic impact caused by the proposed project in and around the intersection of Orange and
Melrose. According to the City Traffic Engineer, the project is not expected to create an adverse
traffic impact at the intersection or on the adjoining streets. This conclusion is based on the
following traffic analysis.
The City's Threshold Standard for traffic requires that all signalized arterial segments maintain
a LOS of "C" or better as measured by observed average travel speed, except that during peak
hours LOS "0" can occur for no more than two (2) hours of the day. Generally, the most critical
peak hour occurs between 4:00 p.m. and 6:00 p.m. Based upon these criteria, the existing
conditions are as follows:
DESIGN ADT EXISTING
(LOS C) ADT LOS
E. Orange Avenue
West of Melrose 30,000 18,350 A
East of Melrose 30,000 26,790 C
Melrose Avenue
North of E. Orange 12,000 10,860 C
South of E. Orange 7,500 2,800 A
Intersection of E. Orange/Melrose
AM Peak A
PM Peak B
Currently E. Orange Avenue between Palomar Street and Melrose Avenue is operating at LOS
A during the PM peak period in accordance with the City Traffic Monitoring Program.
The City Traffic Engineer further reports that the conversion from service station to self service
gas with mini-market and carwash is expected to generate an additional 68 trips per day, although
50% of these trips are assumed to be "passer-by" trips already on the street. Therefore, only
about 34 of the additional trips in and out of the site are expected to be "new" trips. This
number of trips will have no impact on current Levels of Service nor any noticeable change in
traffic conditions on either E. Orange or Melrose A venues, according to the Traffic Engineer.
With respect to circulation, the Traffic Engineer reports that the frequency of driveways and
surrounding uses has recently resulted in the restriping of Melrose A venue to provide a
continuous left turn lane. This striping modification will provide a benefit for all of the adjacent
9:3
Page 4, Item~
Meeting Date 6/1/93
commercial users, including the proposed project. Field observations indicate no observable
delay on Melrose following the restriping.
The proposed Texaco project has incorporated additional street dedications of 6 ft. along the
Melrose frontage and 7 ft. along the East Orange frontage in order to meet the City's current
design standards for these streets. The proposal also includes reducing the number driveways
from four to two in order to further improve and simplify circulation in and out of the site. The
existing driveways closest to the intersection will be removed.
There is the potential for friction between those automobiles exiting the car wash and those
entering the site from the driveway off Melrose. The car wash has been placed at this location,
however, in order to maximize the separation from dwellings to the south, and to maximize the
on-site stacking area for cars entering the wash, as well as to facilitate fuel tanker circulation.
The conflict should be minimal since a car will exit the wash only periodically. These types of
uses also attract a large amount of repeat service which tends to seek out the most convenient
access. In this case, the most convenient access for the majority of traffic will be off E. Orange.
Also, the elimination and relocation of driveways will reduce the overall potential for circulation
conflicts.
Alcohol Sales
This permit is conditioned upon no sales of alcohol unless approved under separate permit in
accordance with CVMC Section 19.14.030(A)(6). The issue of alcohol sales is the subject of the
following item on the agenda, Conditional Use Permit PCC-93-1O.
FISCAL IMPACT: Not applicable.
WPC F:'bome'illanning\S43.93
9~'f
RESOLUTION NO. I 7/.J J
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AFFIRMING THE DECISION OF THE
PLANNING COMMISSION AND THEREBY APPROVING
THE ISSUANCE OF CONDITIONAL USE PERMIT PCC-
91-24 TO REDEVELOP A SERVICE STATION AND ADD
MINI-MARKET AND CAR WASH AT 1498 MELROSE
AVENUE
WHEREAS, a duly verified application for a conditional use permit in accordance with
Sections 19.34.030(A),(G) and (H) of the Chula Vista Municipal Code was filed with the
Planning Department of the City of Chula Vista on December 5, 1990 by Texaco Refining and
Marketing, Inc., and
WHEREAS, said application requested approval to redevelop an existing service station
site into a self-service gas facility with mini-market and car wash at 1498 Melrose Avenue in the
C-N Neighborhood Commercial zone, 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
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 7:00 p.m.,
January 8, 1992, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission
and said hearing was thereafter closed, and
WHEREAS, the Commission found that the project would have no significant
environmental impacts and adopted the Mitigated Negative Declaration issued on IS-91-22, and
voted 5-2 to approve the conditional use permit based on the findings and subject to the
conditions contained in Resolution PCC-91-24, and
WHEREAS, at the meeting of February 4, 1992, the City Council, in consideration of
PCA-91-02, a companion request to amend the Municipal Code to allow automated drive-thru
car washes in the C-N Neighborhood Commercial zone subject to a conditional use permit,
appealed the decision of the Planning Commission on PCC-91-24, and
WHEREAS, the City Clerk set the time and place for a hearing on said appeal 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 ten days prior to the hearing, and
f~
Resolution No.
Page 2
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.,
Tuesday, February 25, 1992, in the Council Chambers, 276 Fourth Avenue, before the City
Council, and
WHEREAS, the City Council, at the recommendation of staff and with the concurrence
of the applicant, continued the public hearing to the meeting of March 24, 1992, April 28, 1992,
and May 12, 1992, at which time Council voted to postpone the appeal on PCC-91-24 until after
the consideration/adoption of a review process for alcohol sales facilities in C-N zones, and
WHEREAS, on August 25, 1992, by Ordinance No. 2526, the City Council adopted a
review process for alcohol sales facilities in C-N zones, and
WHEREAS, the staff with the concurrence of the applicant agreed to process the request
for alcohol sales prior to hearing the appeal on PCC-91-24, and
WHEREAS, on January 7, 1993, the Zoning Administrator conditionally approved
Conditional Use Permit PCC-93-1O to sell beer and wine at the Texaco Mini-Market, subject to
the approval of PCC-91-24, and
WHEREAS, on January 14, 1993, Councilman Fox filed an appeal of the Zoning
Administrator's decision on PCC-93-1O, said appeal to be forwarded directly to the City Council,
and
WHEREAS, the applicant requested that the appeals on both PCC-91-24 and PCC-93-1O
be heard by the City Council concurrently, and
WHEREAS, the City Clerk set the time and place for a hearing on the appeal of PCC-91-
24 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 and beyond
500 feet of the exterior boundaries of the property at least ten days prior to the hearing, and
k..--- WHEREAS, the hearing was held at the time and place as advertised, namely 4:00
p.m., iu~e 1, 1993, in the Council Chambers, 276 Fourth Avenue, before the City Council and
said hearing was thereafter closed, and
WHEREAS, the Environmental Review Coordinator conducted an Initial Study, IS-91-22,
and Addendum of potential environmental impacts associated with the implementation of the
project, and concluded there will be no significant environmental impacts due to required
mitigation measures, and recommends adoption of the Mitigated Negative Declaration and
Addendum issued on IS-91-22, and
~-?
Resolution No.
Page 3
WHEREAS, the City Council hereby adopts the Mitigated Negative Declaration and
Addendum issued on IS-91-22.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL hereby finds as
follows:
1. 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.
The proposed self-serve gas, mini-market, and car wash facility will serve the needs
of the residents in the surrounding area.
2. 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 will upgrade the appearance of the site and comply with the City's
noise standards.
3. That the proposed use will comply with the regulations and conditions specified in
the code for such use.
The project will be required to comply with all applicable codes, conditions and
regulations prior to the issuance of development permits.
4. 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 approval of this permit as conditioned is consistent with City policies and
plans.
BE IT FURTHER RESOLVED THAT THE CITY COUNCIL hereby affirms the decision
of the Planning Commission and approves PCC-91-24 subject to the following conditions:
1. There shall be no sales of alcoholic beverages unless approved under a separate
conditional use permit (Reference PCC-93-1O).
2. The applicant and successors in interest shall be responsible for repairing any water
damage to public improvements resulting from the operation of the car wash.
Failure to accept said responsibility shall be cause for this permit to be reviewed
by the City for additional conditions or revocation.
'1-?
Resolution No.
Page 4
3. The proposal shall comply with the plan approved by the Design Review
Committee (Ref. DRC-92-01).
4. The car wash facility shall not be in operation between the hours of 10:00 p.m. and
7:00 a.m. on weekdays and 10 p.m. and 8:00 a.m. on weekends.
5. The car wash facility shall use the noise reduction equipment package as outlined
in the Colia Acoustical Report, May 16, 1991.
6. A soils investigation shall be conducted, and a summarizing soils report shall be
prepared by a qualified soils consultant prior to the issuance of a building permit.
7. All remedial grading on site shall be performed in accordance with the soils report
prepared for the site; and to the grading standards of the City of Chula Vista.
8. The project design shall comply with the seismic design requirements of the
Uniform Building Code or the Structural Engineers Association of California, to
the satisfaction of the City Engineer and/or Building Official.
9. Fire Department permits shall be obtained for the removal of underground fuel
tanks, installation of fuel tanks and for related piping and dispenser installation.
10. The Fire Department shall inspect and approve the fuel tank removal and
installation of fuel tanks and associated piping and dispenser lines.
II. All provisions outlined in the Uniform Fire Code, Article 79, Division IX shall
apply to this project.
12. The applicant shall agree to no net increase in water consumption or participate in
whatever water conservation or fee offset program the City of Chula Vista has in
effect at the time of building permit issuance.
13. Installation of low flow toilets, faucet aerators, hot water pipe insulation and
pressure reducing valves will be required.
14. Water conserving irrigation systems, drought tolerant landscaping, and water
conserving grading/construction practices will be required.
15. Eighty percent (80%) reclaimed water shall be used for all car wash operations.
9-1"
Resolution No.
Page 5
16. A seven (7) foot street dedication will be required along the length of Orange
A venue to the satisfaction of the City Engineer.
17. 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.
18. 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.
Robert Leiter, Director of Planning
Presented by
WPC F:'home'planning'848.93
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ADDENDUM TO MITIGATED NEGATIVE DECLARATION IS-91-22
Texaco Service Station
PROJECT NAME: Texaco Service Station
PROJECT LOCATION: 1498 Melrose Avenue
PROJECT APPLICANT: Dave Mattson
Texaco Refining and Marketing ,Inc.
PROJECT AGENT: Fred Fiedler and Associates - Patrick Fiedler
CASE NO.: 15-91-22
I. INTRODUCTION
The environmental review procedures of the City of Chula Vista allow the Environmental
Review Coordinator (ERC) to prepare an addendum to a Negative Declaration or
Environmental Impact Repon, if one of the following conditions is present:
I. The minor changes in the project design which have occurred since completion
of the Final EIR or Negative Declaration have not created any new significant
environmental impacts not previously addressed in the Final EIR or Negative
Declaration;
2. Additional or refined information available since completion of the Final EIR or
Negative Declaration regarding the potential environmental impact of the project,
or regarding the measures or alternatives available to mitigate potential
environmental effects of the project, does not show that the project will have one
or more significant impacts which were not previously addressed in the Final EIR
or Negative Declaration.
This addendum has been prepared in order to provide additional information and analysis
concerning traffic. As a result of this analysis, the basic conclusions of the Negative Declaration
have not changed. Traffic impacts are found to be less than significant for the proposed project.
Therefore, in accordance with Section 15164 of the CEQA Guidelines, the City has prepared
the following addendum to the Mitigated Negative Declaration for the Texaco Service Station
IS-91-22.
n. PROJECT DESCRIPTION
The proposed project originally consisted of the reconstruction of an existing service station with
the addition of a 745 square foot car wash facility and the inclusion of a 1,800 square foot
foodman. The project design included a canopy area which would cover 4,544 square feet. The
'--/r
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proposed construction included the removal of existing underground gasoline storage tanks and
the placement of four new underground tanks onsite. A total of 12 onsite parking spaces were
proposed. The existing building which housed repair bays would be removed and the food man
building would be constructed partially in the area where the building is currently located.
The proposed project has not been revised. However, as it has been almost two years (22
months) since the project was first reviewed, the Environmental Review Coordinator required
an updated traffic analysis.
III. PROJECT SETTING
The site presently consists of an eXisting automotive service station with four pumps.
Surround ing land uses to the nonh, east, and west of the site are commercial and to the south
of the site are single family residences.
Since June 1991, when the original negative declaration was issued, Melrose Avenue, nonh of
E. Orange has been restriped to provide for a continuous left turn lane. This restriping will
increase the roadway capacity and provide a benefit for all the commercial users including the
proposed project.
IV. IDE!'\TIFICATIO~ OF E~\TIROl\l\1ENTAL EFFECTS
Traffic Impacts
The Traffic Element Threshold Standard Policy requires that all signalized arterial segments
maintain a LOS "C " or better as measured by observed average travel speed except that during
peak hours LOS "D" can occur for no more than two (2) hours of the day. A recent citywide
level of Service (LOS) study (1992 Traffic Monitoring Program) revealed that East Orange
Avenue is presently operating at LOS "A" between Hilltop Drive and Melrose Avenue during
the peak period. The existing Average Daily Trips (ADT) on East Orange Avenue, west of
Melrose Avenue is 18,350 ADT and 10,860 ADT on Melrose Avenue north of East Orange
Avenue. In accordance with the City Circulation Element of the General Plan, East Orange
Avenue is a fourlane major with design (LOS "C") ADT of 30,000 and Melrose Avenue is a
Class II Collector and ADT of 12,000.
The proposed addition of a gas station, food mart and car wash would add approximately 68
additional average daily trips for a total of 1,080 trips. However, 56 percent of the trips
referred to as passer-by trips are already on the street. Therefore, only 30 additional trips are
expected to be new trips. This low amount of daily trips will not result in any noticable change
in traffic conditions on either Melrose A venue or East Orange A venue. Engineering staff further
that the location of the two driveways as proposed will not present any traffic operation
problems.
V. CONCLUSION
,.... I'
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Traffic impacts are found to be less than significant and within the acceptable range of LOS C
or better in accordance with the City of Chula Vista's General Plan, Pursuant to Section 15164
of the State CEQA Guidelines and based upon the above discussion, I hereby find that the
project revisions to the proposed project will result in only minor technical changes or additions
which are necessary to make the Negative Declaration adequate under CEQA.
l?/ 1'1 (.A-.......
ENTAL REVIEW COORDIN
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TOR
REFERENCES
IS-91-22 Texaco Service Station, June 13, 1991.
Updated Traffic Information from City Engineering April 13, 1993
General Plan, City of ChuJa Vista
Title 19, Chula Vista Municipal Code
City of Chula Vista Environmental Review Procedures
'1,~/q~21
-"JO~
negative declaration
PROJECT NAME: Texaco Service Station
PROJECT LOCATION: 1498 Melrose Avenue
Chula Vista, California
(APN: 624-080-09)
PROJECT APPLICANT: Dave Mattson
Texaco Refining and Marketing, Inc.
CASE NO: IS-91-22
DATE: June 13, 1991
A. Proiect SettinQ
The proposed project consists of the remodeling of an existing automotive
service station, including the construction of two one story buildings
plus a canopied area on a 39,620 square foot site within the City of Chula
Vista. The existing building and pumps will be removed to make room for
the new construction. The proposed buildings would be used for an
automated drive through car wash facility and a food mart. The area under
the canopy would be used for gas pump islands. This site is located at
the northwest corner of the intersect i on of Melrose Avenue and Orange
Avenue west of Interstate 805. Surrounding land uses to the north, east
and west of the site are commercial, and to the south of the site are
single family residences.
B. Proiect DescriDtion
The proposed project would consist of the reconstruction of an existing
service station with the addition of a 745 square foot car wash facility
and the i ncl us i on of aI, 800 square foot food mart. The project des i gn
includes a canopy area which would cover 4,544 square feet. The
construct ion woul d i ncl ude the removal of exi st i ng underground gasol i ne
storage tanks and the p 1 acel1lent of four new underground tanks ons ite. A
total of 12 onsite parking spaces would be provided. Primary access to
the site is from Melrose and Orange Avenues. The existing building, which
houses repair bays, will be removed and a food mart building constructed
partially in the area where the building is currently located.
C. ComDatibilitv with Zoninq and Plans
The Chul a Vi sta General Pl an des i gnates the subject site as Commerc i a 1
Retail. The zoning is CN. The proposed service station is in conformance
with this zoning and the General Plan. Surrounding zoning is CN to the
north, east and west and R-l to the south. Surrounding General Plan
designations are Commercial-Retail to the north, east and west and
Low-Medium Residential to the south.
City 01 chuta vista planning department
envlronmenta' review .ecllon
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CHULA VISTA
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O. Comoliance with the Threshold/Standards Policv
1. Fire/EMS
The Threshold/Standards Policy requires that fire and emergency
medical units must be able to respond throughout the City to calls
wi th i n seven mi nutes Or less in 85% of the cases and wi th i n fi ve
minutes Or less in 75% of the cases. The City of Chula Vista has
indicated that the nearest fire station is 0.75 miles away and would
be associated with a 4 minute response time. This is an acceptable
response time therefore the project is in conformance with this
threshold standard. The City Fire Department BUreau of Fire
Prevention has made the following recommendations which shall be
adhered to in order to further enhance public safety:
1) Fi re Department permits shall be obta i ned for the removal of
underground fuel tanks, installation of fuel tanks and for
related piping and dispenser installation.
2) The Fire Department shall inspect and approve the fuel tank
removal and installation of fuel tanks and associated piping and
dispenser lines.
3) All provisions outl ined in the Uniform Fire Code, Article 79,
Division IX shall apply to this project.
2. Police
The Threshold/Standard Policy requires that police units be able to
respond to 84% of Pri ority 1 call s with i n seven mi nutes Or 1 ess and
maintain an average response time to all Priority 1 calls of 4.5
minutes or less. Pol ice units must respond to 62% of Priority 2
calls within 7 minutes or less and maintain an average response time
to all Priority 2 calls of 7 minutes or less. The Pol ice Department
has indicated that there is no problem regarding the adequate
servicing of the project site. Therefore, the project is considered
to be compatible with the City's policy.
3. Traffic
The Threshold/Standard Policy requires that all intersections operate
at a Level of Service (LOS) "C" Or better, with the exception that
LOS "0" may occur during the peak two hours of the day at signalized
intersect ions. Intersect ions west of 1-805 are not to operate at a
LOS below their 1987 LOS. No intersection may reach LOS "F" during
the average weekday peak hour. Intersections of arterials with
freeway ramps are exempted.
An estimated 900 average daily trips are expected to be generated by
the project. Primary access to the proposed project site is via
Melrose Avenue and Orange Avenue. Existing Average Daily Traffic
(ADT) values are estimated to be 8,095 on Melrose Avenue and 19,785
9"~3
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on Orange Avenue. Upon completion of the proposed project the ADT values
are expected to be 8995 for Melrose Avenue and 20,685 for Orange Avenue.
Both these primary access roads currently operate with LOS of "A". The
est imated LOS on both Mel rose and Orange Avenues, after project
completion, would continue to be "A".
In order to comply with adopted City plans and policies additional width
will be required on both Melrose Avenue and Orange Avenue for street
widening. Street dedication will be required.
4. Park/Recreation
The Threshold/Standards Policy for Parks and Recreat i on is 3 acres/I, 000
population. The proposed project is a commercial development and as such
would not effect area parks. Therefore the project compl ies with this
threshold standard.
'.
5. Drainage
The Threshold/Standard Pol icy requires that water flows and volumes must
not exceed City engineering standards. Individual projects will provide
necessary improvements consistent with the Drainage Master Plan(s) and
City Engineering Standards. Existing off-site drainage facilities located
on the north side of Orange Avenue are adequate to serve the proposed
project. The proposed project is compatible with the City's policy.
6. Sewer
The Threshold/Standard Policy requires that sewage flows and volumes must
not exceed City engineering standards. Individual projects will provide
necessary improvements consistent with the Sewer Master Plan(s) and City
Engineering Standards. The proposed project could generate an estimated.
102 pounds per day of sol id waste and an estimated 2,650 gallons per day.
of liquid waste which would be served by the 8-inch sewer line in Melrose
Avenue and the a-inch sewer 1 ine in Orange Avenue. These lines are
adequate to serve the proposed project and the project would comply with
established threshold standards.
7. Water
The Threshold/Standards Pol icy requires that adequate storage, treatment
and transmission facilities are constructed concurrently with planned
growth and that water quality standards are not jeopardized during growth
and construction. Water service is already available to the project
site. The current drought s ituati on has resulted in a City pol icy of no
net increases in water consumption. Because the proposed project involves
a car wash which would create a significant demand on water resources, in
order to comply with City threshold standards, the following mitigation
measures will be required:
"-" r
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-4-
1) The appl icant hereby agrees to participate in whatever water
conservation, no net increases in water consumption, or fee-
off-set program the City of Chul a Vi sta has in effect at the
time of building permit issuance.
2) Installation of low flow toilets, faucet aerators, hot water
pipe insulation and pressure reducing valves will be required.
3) Water conserving irrigation systems, drought tolerant
landscaping, and water conserving grading/construction practices
wi 11 be requ ired.
4) To the extent feasible, reclaimed water shall be used for car
wash operations.
E. Identification of Environmental Effects
An Initial Study conducted by the City of Chula Vista determined that
although the proposed project could have one or more significant
environmental effects, subsequent revisions in the project design have
implemented specific mitigation measures to reduce these effects to a
level of less than significant.
The project, as revised, now avoids or mitigates the potentially
significant environmental effects previously identified, and the
preparation of an Environmental Impact Report will not be required. A
Mitigated Negative Declaration has been prepared in accordance with
Section 15070 of the State CEQA Guidelines. Specific mitigation measures
have also been set forth in the Mitigation Monitoring Program which is
attached.
The following impacts have been determined to be potentially significant
and are required to be mitigated to a level of less than significant.
Noise
An ~oustical evaluation of the project site was conducted by Colia
Acoustical Consultants. Their evaluation and report identified potential
noise impacts to the site and evaluated potential project generated
noise. On site noise measurements indicated that maximum, existing day
time noise levels are 57.5 db which does not exceed the City's allowable
daytime criteria of 65 db for commercial uses and receptors.
A noise analysis was conducted at a similar type of car wash facility in
order to estimate noise levels for the proposed car wash. The projected
noi se 1 eve 1 s for the car wash vari ed wi th i n the site, however, the worst
case noise level is projected to be 56.3 db. In the commercial zones, the
maximum noise 7evel is 65 db for daytime. The receptors for the proposed
car wash are residential and commercial uses. The maximum daytime noise
level for single family residential zones is 55 db. As stated above, the
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existing daytime noise level on site is 57.5 db which exceeds the City's
standard of 55 db for residential receptors. In accordance with City
standards, the proposed car wash shall not exceed the existing noise level
of 57.5 db. The projected worse case noi se 1 evel of 56.3 db meets the
City's criteria. Therefore, no noise screening will be necessary.
The car wash noise levels will exceed City standards of 45 db for the
nighttime period (10 P.M. to 7 A.M.) weekdays and 10 P.M. to 8 A.M.
weekends) at single family dwellings. The following mitigations will
ensure that the City noise standards shall be adhered to:
Mitioation:
1) The car wash facility shall not be operated between the hours of 10:00
p.m. and 7:00 a.m. weekdays and 10:00 p.m. to 8:00 a.m. on weekends.
2) The car wash faci 1 ity shall use the noi se reduction equipment package as
outlined in the Colia Acoustical Report.
Soils
An initial soils investigation shall be conducted on site prior to the onset
of grading operations. The survey should determine if there are any adverse
soil or geologic conditions existing on the site. Any and all site
preparation recommendations outlined by this report shall be adhered to during
grading operations.
Potential impacts from ground shaking exists from activity on major active
faults in the region. Compl iance to the seismic design requirements of the
Uniform Building Code or the Structural Engineers Association of California
will reduce these potential impacts to a level of less than significant.
Mitioation:
1) A soils investigation shall be conducted, and a summanzlng soils report
shall be prepared by a qualified soils consultant prior to the issuance of
a building permit.
2) All remedial grading on site shall be performed in accordance with the
soils report prepared for the site; and to the grading standards of the
City of Chula Vista.
3) The project design shall comply with the seismic design requirements of
the Uniform Building Code or the Structural Engineers Association of
California, to the satisfaction of the City Engineer and/or Building
Official.
9- tt2..
I~: ..-
--
,
. !
-6-
Fire Protection
The City Fire department has indicated that emergency response time to this
site is acceptable. However, because the project involves the removal and
installation of potentially hazardous materials the following suggestions were
made by the Bureau of Fire Prevention. These mitigation measures shall be
adhered to.
Mitiqation:
1) Fire Department permi ts shall be obta i ned for the removal of underground
fuel tanks, installation of fuel tanks and for related piping and
dispenser installation.
2) The Fire Department shall inspect and approve the fuel tank removal and
installation of fuel tanks and associated piping and dispenser lines.
3) All provisions outlined in the Uniform Fire Code, Article 79, Division IX
shall apply to this project.
Water
The current drought situation has resulted in a City policy of no net
increases in water consumption. This project involves a car wash which would
create a significant demand on water resources. The use of reclaimed water
shall be required for the car wash when it becomes feasible to do so. At the
present time reclamation is not a good option due to health concerns. In
order to comply with City threshold standards, the following mitigation
measures will be required:
Mitiqation:
1) The applicant hereby agrees to participate in whatever water conservation,
no net increases in water consumption, or fee-off-set program the City of
Chula Vista has in effect at the time of building permit issuance.
2) Installation of low flow toilets, faucet aerators, hot water pipe
insulation and pressure reducing valves will be required.
3) Water conserving irrigation systems, drought tolerant landscaping, and
water conserving grading/construction practices will be required.
4) To the extent feas i bl e, recl a imed water shall be used for all car wash
operations.
Street Dedication
Both Melrose Avenue and Orange Avenue whi ch abut the proposed project are in
need of widening. Melrose Avenue is in need of six (6) feet more right of way
and Orange Avenue is in need of seven (7) feet more ri ght of way. The
following mitigations will be required:
9',). 7
_/'7--
-7-
MitiGation:
1) A seven (7) foot dedication will be required along the length of Orange
Avenue to the satisfaction of the City Engineer.
2) A six (6) foot dedication will be required along the length of Melrose
Avenue to the satisfaction of the City Engineer.
Schools
Area schools are currently overcrowded. A link between non-residential
projects and school impacts has been well establ ished. It has been found
that commercial projects which provide employment opportunities can
gene:.ate students to area schools. Because of this link and in order to
assist in providing school facilities, developer fees will be imposed.
MitiGation
A fee of S .26 per square foot shall be paid.
F. MitiGation necessarv to avoid siqnificant effects
Mit i gat i on measures have been incorporated into the project des i gn and
have been made conditions of project approval, as well as requirements of
the attached Mitigation Monitoring Program.
1. The car wash facility shall not be in operation between the hours of
10:00 p.m. and 7:00 a.m.
2. The car wash facility shall use the noise reduction equipment package
as outlined in the Colia Acoustical Report, May 16, 1991.
3. A soils investigation shall be conducted, and a summarizing soils
report shall be prepared by a qualified soils consultant prior to the
issuance of a building permit.
4 . All remedi a 1 gradi ng on site shall be performed in accordance wi th
the soils report prepared for the site; and to the grading standards
of the City of Chula Vista.
5. The proJect design shall comply with the seismic design requirements
of the Uniform Building Code or the Structural Engineers Association
of California, to the satisfaction of the City Engineer and/or
Building Official.
6. Fire Department permits shall be obtained for the removal of
underground fuel tanks, install at ion of fuel tanks and for rel ated
piping and dispenser installation.
9'-2~
_/~/
-8-
7. The Fire Department shall inspect and approve the fuel tank removal
and installation of fuel tanks and associated piping and dispenser
lines.
8. All provisions outlined in the Uniform Fire Code, Article 79,
Division IX shall apply to this project.
9.
The applicant hereby agrees
conservation, no net increases
program the City of Chula Vista
permit issuance.
Installation of low flow toilets, faucet aerators, hot water pipe
insulation and pressure reducing valves will be required.
to participate in whatever water
in water consumption, or fee-off-set
has in effect at the time of building
10.
11.
Water conserving irrigation systems, drought tolerant landscaping,
and water conserving grading/construction practices will be required.
C4--"
To the extent feas i b Te, recl aimed water shall be used for a 11 ca~
wash operations.
12.
13.
A seven (7) foot street dedication will be required along the length
of Orange Avenue to the satisfaction of the City Engineer.
A six (6) foot street dedication will be required along the length of
Melrose Avenue to the satisfaction of the City Engineer.
A school fee of $ .26 per square foot shall be paid.
14.
15.
G. Findinos of Insionificant Impacts
Based on the following findings, it is determined that the project
described above will not have a significant environmental impact and no
environmental impact report needs to be prepared.
1. The project has the potential to substantially degrade the quality of
the environment, substantially' reduce the habitat of a fish or
wil dl ife spec i es, cause fi sh or wil dl i fe popul at i on to drop below
self-sustaining levels, threaten to eliminate a plant or animal
commun ity, reduce the number or restri ct the range of a rare or
endangered plant or animal, or eliminate important examples of the
major periods of California history or prehistory.
The project is proposed for a site which has already been graded and
covered. The site is not in a natural or semi-natural state and has
no potential to effect endangered species or habitats.
,-~, - (1/
-g-
2. The project has the potential to achieve short-term environmental
goals to the disadvantage of long-term environmental goals.
The project is cons i stent with the General Pl an and zoni ng. The
project will not achieve any short-term goals to the disadvantage of
long-term goals because the long term goals would be achieved through
comp 1 i ance to the City's threshold standards and site preparat i on
standards.
3. The project has possible effects which are individually limited but
cumulatively considerable. As used in the subsection, "cumulatively
considerable" means that the incremental effects of an individual
project are considerable when viewed in connection with the effects
of past projects, the effect of other current projects, and the
effects of probable future projects.
Although the project would create cumulative impacts, such as
temporary noise related impacts related to construction activities,
these impacts are short-term and are not considered significant,
since they would occur during the construction phase of the project.
The impacts to the surrounding community will be incremental. and the
improvements wi 11 not cause significant growth in the surrounding
commun ity. There is no s i gnifi cant growth inducement nor cumul at i ve
impact associated with this project, provided that the city standards
are complied with.
4. The environmental effects of the project will cause substantial
adverse effects on human beings, either directly or indirectly.
The project would have the potential to cause adverse effects on
human beings, because the project involves the storage and use of a
hazardous material, gasoline. The project could result in the
re 1 ease of a hazardous substance in the event of ground shaki ng.
Because of this potential hazard it is important that recommendations
outl ined by the City fire Department and Uniform Building Code, for
Seismic safety be adhered to.
H. Consult at ion
Individuals and Oroanizations
City of Chula Vista: Marilyn R. F. Ponseggi, Environmental
Consultant
Maryann Miller, Environmental Consultant
Roger Daoust, Senior Civil Engineer
Marty Schmidt, Parks and Recreation
Alex Saucedo, Building and Housing
Steve Griffin, Advanced Planning
Carol Gove, Fire Marshal
Keith Hawkins, Police Department
9"'30
....... ,)Jt' .....
-10-
Sweetwater Union High School District: Thomas Silva
Chula Vista School District: Kate Shurson
Applicant Agent:
2. Documents
Chula Vista General Plan (1989)
Title 19, Chula Vista Municipal Code
Colia Acoustical Report (1991)
This determination, that the project will not have any significant
environmental impact, is based on the attached Initial Study, any comments
on the Initial Study and any comments on this Negative Declaration.
Further information regarding the environmental review of the project is
available from the Chula Vista Planning Department, 276 Fourth Avenue,
Chula Vista, California 92010.
~l1 MJJ. f. }luU~~
Douglas D. Reid Ii~)
Environmental Consultant 'r
EN 6 (Rev. 3/88)
WPC 9705P
9 '.3 /
~ :;! -
-11-
Mitiaation Monitorina Proaram
IS-91-22
This Mitigation Monitoring Program is prepared for the Texaco Service Station
project, in order to comply with AS 31M. This legislation requires public
agencies to ensure that adequate mitigation measures are implemented and
monitored on mitigated negative declarations, such as IS-91-22.
AS 3180 requires monitoring of potentially significant and/or significant
environmental impacts. The mitigation monitoring program for this project
ensures adequate implementation of mitigation for the following potentially
significant impacts: Noise, soils, fire prevention, water, street dedication
and schools.
Due to the nature of the environmental issues identified, the Mitigation
Compliance Coordinator (MCC), Consultant shall be the Environmental Review
Coordinator (ERC) for the City of Chu1a Vista. It shall be the responsibility
of the appl icant to ensure that the conditions of the Mitigation Monitoring
Program are met to the satisfaction of the ERC.
WPC 9418P
9 .,.~~
~~
~:;
TABLE 2
A-weighted Leq Noise Level Data Collected During A Representative
Sample Period On January 24, 1991, Together with Calculated Hourly
Leq Values And Resulting CNEL Value.
Site 1
One Hour
Period
Hourly Leq
Data, (dBA)
Hourly Leg
Weighting
Factor
Adjusted
Hourly Leq
0700 62.4 0.0 62.4
0800 60.5 0.0 60.5
0900 59.5 0.0 59.5
1000 59.4 0.0 59.4
1100 59.6 MEAS 0.0 59.6
1200 59.7 0.0 59.7
1300 59.8 0.0 59.8
1400 60.0 0.0 60.0
1500 61. 2 0.0 61.2
1600 62.7 0.0 62.7
1700 62.4 0.0 62.4
1800 60.7 0.0 60.7
1900 59.3 5.0 64.3
2000 58.2 5.0 63.2
2100 57.5- 5.0 62.5
2200 56.5 10.0 66.5
2300 55.9 10.0 65.9
0000 54.3 10.0 64.3
0100 51. 9 10.0 61.9
0200 50.7 10.0 60.7
0300 48.9 10.0 58.9
0400 49.9 10.0 59.9
0500 53.7 10.0 63.7
0600 60.1 10.0 70.1
10 Log
I ( L Antilog of
Adjusted
24
Hourly Leq .01uo'1
63.1 CNEL
'1-~3
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FIGURE 1: Site Location Map
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FIGURE 2: site Plan Sha.'in;! car Wash Location
7-35
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40-70 "-
30-71.5,
20c74.3'
10s78.9
30=65.4
20=66.8
20=63.5
10=71.7
10=66 . 7
C)
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DRY
10= 79.3
20= 73 . 3/ I't'\
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30=70.1 /..>.lJ"
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!'0=68 . 2 )<'
,/
50=67.5
10=71.4 10=60.6~
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20=66.0 Ud..~if~8.4
30=63.4.
30=56.9
~0=61.4
/
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/30=66.5
/20=68.4
10=72.4
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10=77.7
6' Wall
20=60.5
"
'30=59.2
~0=58.4
"
50=57.3
00::- t;;7.-r-
o..L-CIU..'t- ret::.>
FIGI.RE 3: ""-....JI'eCI I.eq Values at locations AraJrrl Car Wash with Noise
ReductiCrl Package at 24440 Lyons in Santa Clarita
c.LtJSSARY
ELEV -
DSLE -
tiOHC -
0&5 ..
O&S-~~kH DIST. _
~LOS ~
i-lTIN c
ULEv ,.
SU:::V'"'
TOTAL -
W~LL HT. -
H, HT _
"', "'T -
A -
AUT -
SLE -
CNEL -
Lwq -
d& .
dbA -
STC -
IIC -
Hz -
SSB -
Dtiu -
TL -
!:oGt) -
6C ,.
SLM -
LmoO' -
EI.v.t lor.
Dl.t.nce to 61~gle Lan. Equlv.l~nt
60urce (&uch oO. truck ~r oOut~)
Ob..rver (Per.on to be .hlelded - ~l .."e.)
D15t.nce fr~m Obs~rve~ to b.rrler
br..k LI~e-~f-6IQht fle".tlO~
Attenu.tlon (c.lculoOt~d nOI~~ r~~u,tlvn)
Un.hlelded NOI.e l.v~1
Shielded NOI.e Level
Ov~r411 C~hlblrl~d ~h!~!d~d N()l.~ L~y~l
W..II height In feet rel..tl"e to poOd ele".tlon
He..vy Truck.
Medium Trl....cM...
Auto.
A"eroOge D"lly TroOfflC
Single Lar.e EQulvaler,t
Community NOlee lqulv.)~rlt l~y~)
Equ)v.l~nt Sound Ltiv~J
Declbll'l.
DeCibel. me..sured 0~ the A-weighting sc..le
Sound TroOnaml..lon CI....
ImpoOct In~uloOtlO~ [lasa
Hertz, Cycle. P~r Sscvnd
StoOnd..rd Single 6trenght Gl",,~U, I/lb"
Double Strenght Gl.llny, ] Iii"
Tr.n~ml.slon L~.6
GlIding Gl~~s Uoor.
SOlid Lore Door
Sou~d Level Mll'ter
,.,...Imum NQI.~ levll' I
(V~hlcle. Per DoOy)
...oc With .. .l~gle event
9~3/
~?- ,] -
Deafening
Very loud
Loud
Moderate
Faint
Very faint
150
140
130
120
110
100
90
I ~OISE POLLUTIOI.
Jet plane takeoff
Artillery fire
~\achine gun
Riveting
l3uen at 11)0 ft.
Jet pl~ne (oa~senqer
ratlPI .
Tnunder-Sonic boon
woOOworK1nq snop
Acceleratln~ motor-
cycle
Hard rock band
Sub,.av (steel wheels)
Lound street noise
Power lal,rnmolYer
Outboard motor
Truck unMuffled
Traln whistle
Kitchen blender
PneUJ:\atic jackhammer
Short exposure can cause
hearing loss
1
Threshold of cain
Threshold of discoMfort
80 Printing press Intolerahle for phone use
Subway (rubber wheels)
Noisy office
Average factory
70
60
50
40
30
20
OdS
Average street noise
Ouiet typewriter
Average radio
Noisy home
Average office
N~rmal conversation
General ottlce
Quiet radio
Average home
Quiet street
t'rlvate ottlce
Quiet home
QUlet conversation
Broadcast studio
Em~ty auditoriUM
. t.'hisper
10
Il.ustlino leaves
Sound nroof room
Human breathin'l
1-;gr
Threshold of
-;;..t -
Audibility
1. PROJECT TITLE Texaco S. S. #61-250-0082
2. PROJECT LOCATION (Street address or description) 1498 Ml'l ro~p AVPT'llle
Chula Vista, CA
Assessors Book, Page & Parcel No. 624-080-09
3. BRIEF PROJECT DESCRIPTION Reconstruct existin12 service station
with Food Mart, canopy and automated drive-throu12h Car
Wash. Food Mart will sell items such as sodas. candy cig., beer
4. Name of Appl icant Texaco Refining & Marketing Inc. _ Afj~~~ ~\~rt~o~ine
Address 9966 Si'lD Di "EO I'-li ~~i on Ro"r1 Phone 619/283-7176
City San Diego State CA Zip 9210R
ALLTl :
5. Name of Preparer/Agent Fred Fiedler & AssociAtes - PArri rk Fiedler
Address 2322 W. Third Street Phone 213/381-7891
City Los An~eles State C'.A Zip 900')7
Relation to Applicant Agent
A. BACKGROUND
t-UK UFFlCE U~E
I NITI AL STUDY
Case No.
~.~:-
Receipt No.
Date Rec' d
Accepted by
Project No.
/_) - 5-:::/_ .,.2~
/)....:/ .9c..:'-..;"
:;;;...., -' "'-~
// ,- .;> -:-.- Y'.....-
...P/',
";:'J-r -- ,r.-c.:,
City of Chula Vista
Application Form
6. Indicate all permits or approvals and enclosures or documents
required by the Environmental Review Coordinator.
a. Permits or approvals required:
General Plan Revision
Rezoning/Prezoning
Precise Plan
--- Specific Plan
:x- Condo Use Permit
--- Variance
Design Review Committee Public Project
=== Tentative Subd. Map --- Annexation
~ Grading Permit --- Design Review Board
Tentative Parcel Map --- Redevelopment Agency
--- Site Plan & Arch. Review---
Othe r
b. Enclosures or documents (as required by the Environmental Review
Coordinator).
Location Map
--- Grading Plan
X Site PI an
--- Parcel Map
--- Precise Plan
--- Specific Plan
--- Other Agency Permit or
--- Approvals Required
EN 3 (Pev. ]2/82)
Arch. Elevations
--- Landscape Plans
--- Photos of Site &
--- Setti ng
Tentative Subd. Map
Improvement Plans
Soils Report
Eng. Geology Report
--- Hydrological Study
--- Biological Study
--- Archaeological Survey
--- Noise Assessment
--- Traffic Impact Report
Other
~~3~
- ~q ~
- ? -
B. PROPOSED PR[}JECT
1. Land Area: sq. footage 39.620 or acreage 0.910
If land area to be dedicated, state acreage and purpose.
6' off Melrose Avenue and 2' off Orange Avenue
2. Complete this section if project is residential. N/A
a. Type development: Single family Two family
Hulti family Townhouse Condomi ni um
b. Number of structures and heights
c. Number of Uni ts: 1 bedroom 2 bedrooms
3 bedrooms 4 bedrooms Total units
d. Gross density IOU/total acres)
e. Net density (OU/total acres minus any dedication)
f. Estimated project population
g. Estimated sale or rental price range
h. Square footage of floor area(s)
i. Percent of lot coverage by buildings or structures
j. Number of on-site parking spaces to be provided
k. Percent of site in road and paved surface
3. Complete this section if project is commercial or industrial.
a. Type(s) of land use rervice Station
b. Floor area ta~dd~~t: .~~~ ~eight of structure(s) 20'
c. Type of construction used in the structure
Steel
d. Describe major access points to the structures and the
orientation to adjoining properties and streets Site abuts
both Melrose Ave. & Orange Ave.
e. Number of on-site parking spaces provided 12
f. Estimated number of employees per shift 2 . Number of
shifts 3 Total 6
g. Estimated number of customers (per day) and basis of estimate
400 entire facility/Marketing Analysis.
9/tjo
~ 30'
- 3 -
h. Estimated range of service area and basis of estimate
1-1/2 to 2 miles / Marketing Analysis
i. Type/extent of operations not in enclosed buildings
Auto fueling under canopy
j. Hours of operation 24 hours
k. Type of exterior 1 ighting Yard 1 j ji'hts ,md rAnnpy 1 i ghts
4. If project is other than residential, commercial or industrial
complete this section.
a. Type of project
b. Type of facilities provided
c. Square feet of enclosed structures
d. Height of structure(s) - maximum
e. Ultimate occupancy load of project
f. Number of on-site parking spaces to be provided
g. Square feet of road and paved surfaces
C. PR()JECT CHARACTERISTICS
1. If the project could result in the direct emission of any air
pollutants, (hydrocarbons. sulfur, dust, etc.) identify them.
Site has vapor recovery system.
2. Is any type of grading or excavation of the property anticipated Yes
(If yes, complete the following:)
a. Excluding trenches to be backfilled. how many cubic yards of
earth will be excavated? 100 yards
h. How many cubic yards of fill will be placed? 100 yards
c. How much area (sq. ft. or acres) will be graded? 50%
d. What will be the - Maximum depth of cut
Average depth of cut
Maximum depth of fill
Average depth of fill
9/1;
Site is currently graded. Building pad will need to be
adjusted for new size and location.
_ 81 ~
- 4 -
3. Describe all energy consuming devices which are part of the proposed
project and thp. type of energy used (air conditioning, electrical
appliance, heating equipment, etc.) Air con~i6ioninii heafinli
cooling. All equipment to be powerea by e!ectr~c~ y.
4. Indicate the amount of natural open space that is part of the project
(sq. ft. or acres)
5. If the prOject rlill result in any employment opportunities describe
the nature and type of these jobs. Additional iobs for retail
managers and clerks.
6. Will highly flammable or potentially explosive materials or
substances be used or stored within the project
site? Yes, gasoline stored underground.
7. How many estimated automobile trips, per day, will be generated by
the project? Station services existing traffic.
8. Describe (if any) off-site improvements necessary to implement the
project, and their points of access or connection to the project
site. Improvements include but not limited to the following: new
streets; street widening; extension of gas, electric, and sewer
lines; cut and fill slopes; and pedestrian and bicycle facilities.
N/A - All off-site improvements are existing
D. DESCRIPTION OF ENVIRONMENTAL SETTING
1. Geology
Ha s a geology study been conduc ted on the property? No
(If yes, please attach)
Has a Soils Report on the project site been made? Not yet
(If yes, please attach)
2. Hydrology
Are any of the following features present on or adjacent to the
site? (If yes, please explain in detail.)
a. Is there any surface evidence of a shallow ground water
table? No
b. Are there any watercourses or drainage improvements on or
adjacent to the site? No
L) -t!;L
-~~~
- 5 -
c. Does runoff fro~ the project site drain directly into or toward
a domestic water supply, lake, reservoir Or bay?
No
d. Could drainage from the site cause erosion or siltation to
adjacent areas? No
e. Describe all drainage facilities to be provided and their
location. Existing draina~e pattprns wi 11 rpTT1Rin ,,~ ; ~
3. Noise
a. Will there be any noise generated from the proposed project site
or fro~ points of access which may impact the surrounding or
adjacent 1 and uses? Yes. Noise from Car Wash equipment.
Car Wash Building is constructed of masonry w/concrete
roof to mitigate any noise impact.
4. Biology
a. Is the project site in a natural or partially natural state?
No
b. Indicate type, size and quantity of trees on the site and ~Ihich
(i f any) will be removed by the project. N/A
5. Past Use of the Land
a. Are there any known historical resources located on or near the
project site? No
b. Have there been any hazardous materials disposed of or stored on
or near the project site? Yes, gasoline
6. Current Land Use
a. Describe all structures and land uses currently existing on the
project site. Site is currently developed with an outdated
service station
i-tj.3
_ 38/
- 6 -
b. Describe all structures and land uses currently existing on
adjacent property.
North
Commercial
South
Commercial
East
Commerc~al
West
Commerc~al
7. Social
a. Are there any residents on site? (If so, ho~' many?) No
h. Are there any current employment opportunities On site? (If so,
hOli many and ~Ihat type?) Yes. Service Station Operatic)TI
Please provide any other information which could expedite the evaluation of
the proposed proJect.
9-1i
3+/
- 7 -
E. CERTIFICATION
I,
~}da7
g C. Elston
Texaco R ining & Marketin~
Owner/owner ln escrow*
Inc. or
~~~~
Patrick O. Fiedler
Fred Fiedler & Associates or
Consultant or Agent*
HEREBY AFFIRM, that to the hest of my belief, the statements and information
herein contained are in all respects true and correct and that all known
information concerning the project and its setting have been included in
Parts B, C and 0 of this application for an Initial Study of possible
environmental impact and any enclosures for attachments thereto.
DATE:
*If acting for a corporation, include capacity and company name.
9~'I5
...-
~p""'"
~
: ~
THE CID ~'F CllUL4 VISTA PARD' DISCLOSUhE STATEMENT
,
St:ll~ment of disclosure of cerwin ownership intercsts. p:lymCnts. or c:Jmp:lign contriblltions, on..1l m3tt~rs
whi,'h will reqllirL' Jiscrl'tiondl'Y action on th~ p:'fl. III the City Council. Planning COl1lmissi'lll. :'nu ;111 ot!Wt
I'l: ,,1:.1 hllui.:s, The lollowing inform;Jl i<ln must he J'sdos~c.J:
1. List the n:lrnes of all persons h~\'ing a fin.lnci,lI interest in the C<llltract. i.e., cm.rr;,,:tur,
suhcontractor. material supplier.
TFYArn RFFTNTNr. & MARKETING. INC.
If any pawn identified flllrsu;rnl tn (1) :lho\'L' is a corp,'r:lti.." "r p;lr:nership. list the n;JI~tcs <It':l1I
Il1di\'iuUJls owning 11l0re lh:'n JlJC;- of thL' sh::!'es in tlw corp()falilJn ur owning uny p:lrtnership
interest in the p:lrtnership.
Nn ~FR~nN nWN~ MnRF THAN 10% OF SHARES
.', If :Jny rerslln identified pursu~nt to (J) ahove is non-profit otg;rnization or a trust. list the names
of any person serving as uirecror of the non.profit orpniz<lt]('Il1 or as trus:ee or beneficial)' or
trustor at the trust.
).!t"\T 1.'0'01 Tr!J.'R1 ~
-I,
H;!\'e \Ull h:id mere thJn S250 worth of business tr<lnsJett:d with an\' member of the Cit\' stJIT,
. '.
B<l;lrds. COl11missi<ll1>, Committees :rnt! Couneil within the p<lst t\\'~I\'e months? Yes
\0 -1L If !e,. pk:l'L' indi,'lllc person(,):
"
Pk;"c Identify e:]ch :lm! ~\'ery persl1n. induding IITty l]gents. emFloyees. conslllt:ll1ts or inc.Jepeml.:m
L"'n:r:lCtDrs who YOll h;]\e l]ssignet! III n:pre,ent Y<lll hefme the City in this m<ltler.
FRED FIEDLER & ASSOCIATES GARY ENGINEERING, INC.
2322 WEST THIRD STREET 4901 MORENA BLVD. SUITE 304
LOS ANGELES. CA 90057 (213) 381-7891 SAN DIEGO. CA 92117 (619) 483-0620
ATT'N. : MR. PATRICK FIEDLER ATT'N. : MR. ROBERT G. FAUDOA JR.
H:J\e you 11nd/ur yuur officers or agents, in the aggrf'g<Jte, contribllted more th:Jn S l.OOO tll a
C"ul1cilmemher in the current or pn:ceding election p"riod'! Yes _ ~(J -!. If yes, st:]:,' whieh
Cllllncilmemha(s ):
(>.
~ j, (,h:fln",:u ;IS: "..4'/lY lJ1t1n'iclll.tl,flrlH. CO-"iIrIJ1ITJ/II/'.j0Il11I'('IIII11(" m,HICill!lOn, ~()ool ,:luh./;n/c.,.,,,,1 nn.;nni;:mimr, ror/1fIl'mirm,
I" [/,"/. '. 1,.:1.\/, I((ch cr. .\;.'1It}II.:~JI/'. 1/1I.\ ';lIdl/l1Y ollla (O:Ol1Y, (ifY 'lilt! {fJIIIl11Y, dly. mllllicl/'IiIil,\, cli~/nCl 0' ntli,'r /,o/wail Whf,'lIhitlJ1.
0/ ,:I.',\" o//;cr:.;rOlfl' or OJJ1/hll/lllll1/1 o('(m,:.: Il~tllillil."
l'UTi: 1\11.llh .IJdlllllll.d Itl~f.." ;l~ 11I..'!.:I.."';II: )
'j-y?
~/
Signature Ilf elll1lraL'tllr!lll'l'li,'lll1t
ROBERT G. FAUDOA JR. PROJECT MANAGER
GARY ENGINEERING, INC. 4901 M:lRENA BLVD.
Print nr typl.' 11:11111.: of ~.\~I~lr;ll'h~r":l;"lrlir;:nt
SAN DIEGO, CA 92117 (619) 483-062n
1304 b ~
-~
D,,),': March 14. 1991
. :.\ D:"C;.o~_!.:-:'I\TI
1f~I..""h\'.1 I: :" ,,,,,
,
, - -
'- -,
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- 8 -
"::ase No. /....s p-/~ <~~
CITY DATA
F. PLANNING DEPARTMENT
1.
Current Zoning on site:
North
South
East
West
( /,/
r', I
r' I
~. /
r'. ,
Does the project conform to the current zoning?
yes..
2.
General Plan land use
deslgnation on site:
North
South
East
West
,;/)', .' f
-
, I
I s the project compati b 1 e with the General Pl an Land Use Di agram? ~ii -
Is the project area designated for conservation or open space or adjacent
to an area so designated? ";
Is the project located adjacent to any scenic routes? V1C>
(If yes, describe the design techniques being used to protect or enhance
the scenic quality of Chula Vista.)
How many acres of developed parkland are within the Park Service District
of this project as ShOW; in the Parks and Recreation Element of the
Genera 1 Pl an? t--.l. A .
,
What is the current park )\creage requirements in the Park Service
Di stri ct? ,,\ /
,
How many acres of parkland are necessary to serve the proposed project?
(2AC/1000 pop.) N / A
.
Does the project site provide access to or have the potential to provide
access to any mineral resource? (If so, describe in detail.) Ne>
'/ --if ?
,. 31-"
~ 9 ~
v.
Se,iC':: ~ s
If the proposed project is residential, please complete the following:
Current
Attendance
Current
Capaci ty
Students Generated
From Project
Schoo 1
El ementary
Jr. High
Sr. High
N./A
4. Aesthetics
-
Does the project contain features
variance from nearby features due
so, please describe.) ~~- ~ ,.t
which could be construed to be at a
to bulk, form, texture or color? (If
~-l'''' I~(-J -tr- A. ..,~~_ l'"f'\l' I'
5. Energy Consumption
Provide the estimated consumption by the proposed project of the following
sources; . : ..,: . -- '. -"," . 1. ...
Electricity (per year)
Natural Gas (per year)
Ha ter (per day)
u' "'/J k..6_r-/;{<:, ,-
;;).1..",,-' +h:rtl" / W/1 ~
1<"7-~... /~~;.,-111,"'jl
I
6. Remarks:
';-IJ~E?J)~. b:v~(?~~r;(
D, rec or 0 ann, ng or pr'esentat, ve
kli.;);/1/
Da
1/tjy
/?~~
. .
. :'.
.
..
..
'YS - '-(c y
- 10 -
Case No. ;I:5 or! - ~~
G. ENGINEERING DEPARTMENT
1. Drainage
a.
Is the project site within a flood plain?
.
NO
b. Will the project be subject to any existing flooding hazards? ~
c. Will the project create any flooding hazards? NO
d. What is the location and description of existing on-site
drainage facilities? No NE
e. Are they adequate to serve the project?
rUO N, ~,
f.
What is the location and description of existing 9ff-site
drainage facilities? ~ IS .AI\.! INLEt... ';>-'{ f\cf &N ~
N, S I [)~ of ()~/\J(;::-E AVE. ,.. <;;'3,0' IV TlfE Wf;S/
g. Are they adequate to serve the project?
2. Transportation
a. What roads provide primary access to the project? O!Z.AcrJC;c
A \IE . ~ N E L 1<.0 sE A'v"C ,
y~
b.
What is the estimated number of one-way auto trips to be
generated by the project (per day)? cr cJc)
c.
What is the ADT and estimated level of service before and after
project completion?
Before
After
A.D. T.
L.a.S.
1Of. '7:?~ - (/ !<..AN(f ;4VE, -
~ t' ~ S - Mt::LfI,.ciSE Av~
A - O~E ~VE
',.4' - MfL"'-CS~ AVE -
?O, <;?8S
~.~~,s
d. Are the primary access roads adequate to serve the project? 'rE<;
If not, explain briefly.
e.
Will it be necessary that additional dedication, widening and/or'I~INC:
improvement ,be made to existing streets? YES.- f)f3)iC{iTlNJ ~ ";' ..
If so, speCl fy the general nature of the necessary actlons. .;;4:' 7 .ntl ~
,.;Ct\[ f...C'-'v' IS ~cEDc:t> oN c'>KArJG'E AVE, ": G:> r l"'lNZr= ;(,(I.~V, .....?'
,S f.,;c:.&oc:.D urJ MEL/i!-C5E /tVc. ":;'~fvG'~ Av'1=:. o'v<cco$
lC bE '\!vll)E1\o~ S'[?;:c?Pt'-cJ~9- ~ ,....lfLR.C,~t.,.., S+{c';:}:;p l:,E
\..,r-...-. -~ r' ~ _,,,. :/.-1-) -~,;.- ., '- ~ ~. --
9 ~t( '/
.
. .
.
..
..
- 11 -
Case No.
3. Geology
a. Is the project site subject to:
Known or suspected fault hazards?
Liquefaction?
Landslide or slippage?
b.
Is an engineering geology report necessary to eval{)uate the
project? rV
4. Soils
a.
Are there any anticipated adverse soil conditions on the project
site? UNkNOWN - NO SOIl c:: ~~fottr wtlS if\JC.U.JDE3D
b.
If yes, what are these adverse soil conditions? "
, .
c. Is a soils report necessary? Yt::S ~~ ~)
5. Land Form
a. What is the average natural slope of the site? - ?',7 7,)
b. What is the l:1aximum natural slope of the site? .' ?>,7 7"
6. Noise
Are there any traffic-related noise levels impacting the site that
are significant enough to justify that a noise analysis be required
of the appl i cant? r~D
1~5t)
40'-
'"
;, . r, .
. ,
- 12 -
Case No.
7. Air Quality
If there is any direct or indirect automobile usage associated with
this project, complete the following:
Total Vehicle
Trips Emission Grams of
(per day) Factor Pollution
CO q6D X 118.3 = loG, L[7i>
Hydrocarbons X 18.3 = IG, 'ft,)
~JOx (N02) ., X 20.0 = l'ii', dO t)
Pa rti cul ates X 1.5 = , 3 ';;0
Sulfur X .78 = 7,)"J-,
8. Waste Generation
How much solid and liquid (sewage)
proposed project per day?
Solid
{Or LD. fEi'... DtfY
waste will be generated by the
"2-/~S"O
Liquid ~ C, f.l>.
Ilhat is the location and size of exi~ting sewer lines on or adjacent
to the site? &.E 1$ N 8^ vL.1 /Iv MEl.!f.c \/c, ~
. g" \,C /f'v V \j ~t::
Are they adequate to serve the proposed project? ~~~
9. Public Facilities/Resources Impact
If the project could exceed the threshold of having any possible
significant impact on the environment, please identify the public
facilities/resources and/or hazards and describe the adverse impact.
(Include any potential to attain and/or exceed the capacity of any
public street, sewer, culvert, etc. serving the project area.)
Remarks/necessary mitigation measures
lve
/~J/~~
Date '
71- 5/
JI ,..
,..
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Case No. /.J 7?- ~_;t
H. FIRE DEPARTMENT
1. What is the distance to the nearest fire station and what is the Fire
Department I s estimated reacti on time? 3/~ I~ J I tr
'7 V't//ItJ. '
2. Will the Fire Department be able to provide an adequate level of fire
protection for the proposed facility without an increase in equipment
or personnel? ~'-~
3. Remarks S t/2,r
. c:::; E-J 1?lSV
4T'Tl1tcN<LO -i>1..~ Col2/lr..s-c7/c,v
/ j /1 -ct7~/ (2/_/,
Fl~ar;;;;i ~
/:2-/:l-9D
Date
9~;L
4,1-'"
.....
CHULA VISTA FIRE DEPARTMENT
BUREAU OF FIRE PREVENTION
PLAN CORRECTION SHEET
.1'~ 9/-,,11.
Address/7"7'Y MiFLl2iJStFPlan File No. Checker Date/J-/:<-C;U
.
Type Constr7!--N occupancye-0' B-2. No. StoriesL Bldg. Area
The following list does not necessarily include all errors and omissions.
PROVIDE AND SHOW ON PLAN:
-9--E-112- c::- L) a ,() nr'ZT on i:"J<.) rr- P '-~ r'Y} . J.s 12t.1U2 u. ,e U r\
JZaa t: U!X L T A N{C. I? L:''"""Yvl')v' -4 L I ;..J S ,4 L <.4 D~oJ
oJ ~
,AAl<<J fZcJa.. K(5L4TloEO f'tf".,\,\r- A-,uo<'! OI5I'o)..)~.ne-<:..
z) t==./ltI f)lJ2P~U)V"'" IN s "<.r"C.~ -.JS ~'F I T~ 11$ I
AdD Li v /2 cnl..1..L.<A-<.rG.
3)
?iU';tS/u/V.5 612 uF<2. A--a.1ICLI.I.,q ()lllOIO,A) IX
) I
~ )44'-'- A PI'<-Y (, "I !"~) .
FPB-29
9 --53
48/
,
-13(a)-
Case No. /$ Y/ ->"-<
H-1. PARKS & RECREATION DEPARTMENT
2.
1. Are existing neighborhood and community parks near the project
adequate to serve the population increase resulting from this
project?
Nei ghborhood N/!:".
Community parks ~/~.
If not. are parkland dedications
as part of the project
Neighborhood
Community parks N
or other mitigation proposed
to serve the population increase?
3. Does this project exceed the Parks and Recreation Thresholds
established by City Council policies?
fit Ills
~f.~
Parks and Recreation Director or
Representative
l~'n .'1i:>
Date
9 ~5'~(
4 --
/tf
.; , . . '....:I;.......~.....:.......'?-.'.-~;......~ ....~..-...-_:-J",,":""'",..--- I.'" .. ~.. .-
EVALUATION OF POTENTIAL ENVIRONMENTAL IMPACTS
CASE NO. " 1- ~;).
I. Analysis (Provide in Section J an explanation of mitigation proposed for
all ,fgnlflcant or potentially significant Impacts.)
YES POTENTIAl NO
1. Geology
a. I, the project site subject to any substanttal
hazards, such as earthquakes. hndslfding, or /
1 iQuefaction1 v
"-J:j b.
\ \
~\
,,^,
\
2. son s
Could the project result In:
Signiftcant unstable earth conditions or
changes in geological substructure1
A sIgnificant modification of any unique
geological features?
Exposure of people or property to signiffcant
geologic hazardS?
a. Ooes the project site contain any soils which
are expansive. alluvial or highly erodible?
/
b. Could the project result In:
A significant increase in wind or water
erosion of soils. either on or off-site?
A significant amount of siltation?
3. Ground Water
,
"
\
-!;-.
~
,
I. Is the project sfte over or near any
accessible ground water resou~esl
-14-
./
.,/
./
./
V
L:
"
r
I
,
,
I
,
b. Could the project result In:
A significant change In quantity or quality
of ground water?
A significant alteration of direction or rate
of flow of ground water?
Any other significant affect on ground water?
4. Drainage
a. Is the project sfte SUbject to Inundatton?
b. Could the project result In:
A significant change 1n absorption rates,
drainage patterns or the rate of amount of
surface runoff?
Any Increase tn runoff beyond the capactty
of any natural water-way or ~n~made facility
either on-sfte or downstream?
Alterations to the courSe or flow of flood
waters1
Change 1n amount of surface water 1n any
water bOdy?
Exposure of people or property to water
related hazards such as. flOOding or ttdal
waves?
5. Resources
Could the project result In:
limiting access to any sIgnificant
mineral resources which can be
economically extracted?
The significant reduction of currently or
potentially productive agricultural lands?
6. land Form
Could the project result tn a substantial change
in topography or ground surface relief features?
-15-
YES POTENTIAL NO
./
L
./
:L
./
,/
./
~
,j
,
"
./
./
JL
/1.
~ POTENTIAL NO
7. Atr Qualtty
~
~
~
YES POTENTIAL NO
10. Bfolog1.
a. Is the project subject to an air quality impact
from a nearby stationary or mobile source?
./ a. Could the project dfrectly or Indfrectly
affect a rare. endangered or endemic species
of animal, plant or other wildlife: the
habitat of such species; or cause interference
with the ~ovement of any resident or migratory /
/ wildl He?
b. Wil' the project introduce domestic or other
/ animals 1nto an area which could affect.a ./
rare, endangered or endemf~ ties?
./ 11. Cultural Resources
a. Will the proposal result in the alteration of
V or the destruction of a prehistoric, historic, ~
archaeological or paleontological resource?
b. Wfll the proposal result In ad.erse phYSical
or aesthetic effects to a prehistoric or ./
./ historical building, structure, or object?
c. Does the proposal have the potential to cause
,/ a physical change which would affect unique ./
ethnfc or cultural values?
d. Wfll the proposal restrict existing
relfgfous or sacred uses wfthin the V
potentfal impact area?
./ ll. Land Use
a. Is the project clearly lnconststent with
the following elements of the General Plan?
land Use , ,/
-. ./ Ci rculation ..L.
Scenic Hfghways ....L.
Conservatfon ..L
./ Housing ~
tlofse
Park and Recreation L
Open Space ~
Safety
Sehmfc Safety ~
Publfc Facl1itfes ....It'..
-17-
b. Could the project result In:
A significant emission of odors. fumes.
or smoke?
r-fsstons which could degrade the ambient
. r qual ity?
Exacerbation or a violation of any tlational
or State ambient air quality standard?
Interference with the maintenance of
standard air quality?
The substantial alteration of air movement.
moisture or temperature. or any significant
change in climate either locally or
regfonally?
A violation of the revised regional air
qualtty strategies (RAQSI?
B. Water Quality
Could the project result In a detrimental
effect on bay water Quality. lake water
quality Dr public water supplies?
9. ~
a.
Is the project site subject to any
unacceptable noise impacts from nearby
mobfle or stationary sources? .
Could the project dfrectly or indIrectly
result in a significant increase in
ambient noise levels?
b.
\
~
."...
,
-16-
YES POTENTIAL NO
b. Is the project inconsistent with the
Comprehensive Regional Plan?
13. Aesthetics
d. Could the project result in:
""IJ
~
\
"0
Degradation of community aesthetics by
imposing structures. colors. forms or lights
widely at variance with prevailing community
standards
Obstruction of any scenic view or vista
open to the public?
Will the proposal result in a new light
source or glare?
14. Social
d. Could the project result in:
The displacement of residents or people
employed at the site?
A significant change in density or growth
rate in the area?
The substantial demand for additional housing
or affect existing housing? -
15. Community Infrastructure
a. Could the project inhibit the ability of the
urban support system to provide adequate
support for the community or this project?
b. Could the project result in a deterioration
of any of the following services?
Fire Protection
Police Protection
Sc hOD 15
Parks or Recreational Faciltties
Haintenance of Public Factltties
Including RoadS
,
-18-
~
..:,
\
.
--L
YES POrEHTlAL IlO
16. [nerQY
Could the project result tn:
Wasteful. inefficient or unnecessary consumption
of energy?
A siqnificant increase in demand on existing
sources of enerqy?
L
A failure to conserve energy. water or other
resources?
-L
17. Utilities
..
/
Could the project result tn a need for new systems
or alternatives to the following utilities:
L
Power or natural gas
Communications systems
\.later
Sewer or septic tanks
Solid waste & disposal
18. Human Health
X
,/
Could the project result in the creatton of any
health hazard or potential health halard?
19. Transportation/Access
Could the project result tn:
,/
A significant change tn exh.ttng traffic
patterns?
An increase 1n traffic that could substantially
lower the service level of any street or highway
below an acceptable level?
~
~
.JL
20. Natural Resources
Could the project result in a substantial
depletion of non-renewable natural resources?
-19-
,
.;L
./
L
7'
/
2.
Z
L
L
L
-L
'I. Risk of U.set
Wfll proposals Involve:
I. A risk of an ~xploston or the release pf Iny
hazardous substances (including but not
limited to. oil. pesticides. ch;.icals or
radiationl in the event of an accident or
upset condition?
b. Possible interference with an ~rgency
plan or an emergency evacuation plan1
1. Growth Induc~nt
Could the service requirements of the project
result fn spcondary projects that would have I
growt~ 'nducing t"fluenee and could have a
cumulative effect of a signtficant level?
J. Mandatory Findings of Signtflc,nce
a. Does the project have I potentl.l to degrade
the quality of the environment. or curtail
the diversity of the environment?
b. Do.s tho proj.ct h... tho pot.ntl.1 to
achieve short~tenm to the dfsadYa"tag~
of 10ng.tenm envtronmental go.ls1 (A short
tena tmpact on the envtronment ts one whtch
occurs tn the r~l.ttvely brt~f. deftnfttve
p~riod of time. ~htle long.ten. impacts
Nill ~ndure well into the future.)
c. Does the proJett have iMpacts ~tch are
~~ tndividually li_ited. but cumulatively con.
~ siderable1 (Cumulatively considerable ~ans
\A that the int:re~ntal effects of an individual
~ project ar~ constderable when viewed in connee.
~ tion with the effects of past project. ~he
~ffects of other current projects and the
effects of probable future projects.)
d. Do~s th! project have environmental effects
which Will cause substantial adverse
effects on human betngs. either dtrectly or
indjrectly?
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YES POTENTIAL N{
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J. PROJECT REVISIONS DR MITIGATION MEASURES
I~~o~~~~~~~91:~:j:~; ~~:j;~~n:n:rw7:~f:at:on,meas~res hive been
design, construction or operation of th.' r:)e.~nted durIng the
1. The car wash facility shall not be in 08eratlon between the hours
of 10:00 p.m. and 7:00 a.m.
2. The car wash facility shall use the noise reduction equipment
paCkage as outlined in the Co1ia Acoustical Report. May 16. 1991.
3. A soils investigation shall be conducted. and a summarizing soils
report shall be prepared by a qualified ~oi1s consultant .....
prior to the issuance of a building permit.
4. All remedial grading on site shall be performed in accordar
with the soil s report prepared for the site; and to the grall "'g
standards of the City of Chu1a Vista.
5. THe project design shall comply with the seismic design require-
m~nts of the Uniform Building Code or.the Structural Engineers
Association of California. to the satisfaction of the CIty Engi-
neer and/or Building Official. .
6. Fire Department permits shall be obtained for the removal of
underground fuel tanks. installation of fuel tanks and for
related piping and dispensor installation.
7. The Fire Department permits shall be obtained for the removal of
underground fuel tanks. installation of fuel taRks and for
related piping and dispensor installation. .
B. All provisions outlined in the Uniform Fire Code. Article 79.
Division IX shall apply to this project.
9. The applicant hereby agrees to participate in whatever water
cbnservation. no net increases in water consumption. or fee-off-
set program the City of Chu1a Vista has in effect at the ti~o
of building permit issuance. ~
Installation of low flow toilets. faucet aerators. hot watl
pipe insulation and pressure' reducing valves will be required.
Water conserving irrigation systems. drought tolerant landscaping
and water conserving grading/construction practiGes will be
required. .
To the extent feasible. reclaimed water shall be used for all
cash wasb Qoerations. .
A seven (71 foot street dedication will be required along the
length of Orange Avenue to the satisfaction of the City Engineer.
A six (6) foot street dedication will be required along the
length of Melrose Avenue tv the satisfaction of the City Engineer.
A school fee of $ .26 per square foot shall be paid.
10.
11.
12.
13.
14.
15.
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K. DETERMINATION
On the basis of this initial study:
It is recommended that the decision making authority find that
the proposed project COULD NOT have a significant effect on the
environment, and a NEGATIVE DECLARATION is hereby forwarded to
the decision making authority for consideration and adoption.
'v
It is recommended that the decision making authority find that
although the proposed project could have a significant effect on
the environment, there will not be a significant effect in this
case because the MITIGATION MEASURES described above have been
ADDED to the project and a MITIGATED NEGATIVE DECLAR:" . is
hereby forwarded to the decision making authority for
consideration and adoption.
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It is found that the proposed project MAY have a significant
effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is
required to evaluate the issues identified in this Initial Study.
It is found that further information will be necessary to
---- determine any environmental significance resulting from the
project and the technical information listed below is required
prior to any determination.
~~QDu?~' ,tb1./'OL2/cf
En ironm ntal Review Coord; tor
Ii /.:1/'/1
Da e
WPC 0169P
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('~L1A ACOUSTICAL CONSULTAN"I ~
3300 W. Coast Highway, Surte B
Newport Beach, CA 92663
(714) 631-7315
FAX (714) 631-3824
October 18, 1991
FOURIH REVISED ACI:lUSI'ICAL ANALYSIS OF nfE
TEXACO SERVICE STATION # 61-250-0082 CAR WASH
Kr CORNER OF ORANGE AvrnuE AND MELROSE AVENUE
ID nfE CITY OF 0illlA VISTA
Prepare:! For:
FRED FTEDLER AND ASSOCIATES
2322 West 'Ihird street
Los Angeles, CA 90057
Prepare:! By:
11;_
MEMBER IDCE
<}-k-eJ
Institute of Noise Control Englneenng . .6.coustlcal Society o! America
Rl-129
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rotJRni RlVISED AClXJSl'ICAL ANALYSIS OF '!HE
TEXACXl SHEIL SERVICE Sl'ATIOO' # 61-250-0082 CAR WASH
AT CDRNER OF ORANGE AVENUE AND MErnOSE AVENUE
IN '!HE CITY OF OIUIA VISTA
INl'roDUCI'IOO'
At the request of Patrick Fiedler, Colia Acx:ustica1 Consultants have
performed an acoustical evaluation of the Texaco Shell Service station Car
Wash proposai for construction at the northwest comer of Orarge Avenue
and Melrose Avenue in the City of Olula vista. 'lhe principle source of
noise to the site will be frClll vehicular traffic on Orarge and Melrose
Avenues. 'lhe potential noise inpact frClll the project would be generated by
the car wash planned near the north project property line.
The noise criteria of the City of Olula vista states that the exterior
noise levels generated by the facility Il'aY not exceed 55 decibels (dBA, on
the A-weighted scale) during daytime hours (7 AM to 10 I'M, 8 AM on
weekends) and for residential land uses and 65 dBA during daytime hours (7
AM to 10 I'M, 8 AM on weekends) at camnercial land uses. In the event the
measured ambient noise levels exceed the awlicable noise standards in any
category the applicable standard shall be adjusted to equal the ambient
noise level.
The purpose of this report is to determine the ambient exterior noise
environment, evaluate the exterior noise levels generated by the potential
noise sources on the project site, and present mitigation measures, where
necessary, to reduce the noise inpacts to acceptable levels.
ANALYSIS
Roadway Exterior Noise Inpact
The c:u=ent noise inpact to the project site was determined by on-site
noise measurements. The c:u=ent noise measurements were Il'ade on January
24, 1991. The measurement micrq:tlone was positioned at a single location
on the project site (see Figure 2). Measurements were Il'ade at a micrq:ilone
height of 5 feet above existing grade of the project site. 'Ihe measurement
micrq:lhone of a Bruel & Kjaer 2230 Precision Integrating SaJn:i Level Meter
(SlM) was located at the ~. i<:6ed car wash location, near the north
property I:loun::lary. site 1 was near the ~upJ6ed car wash exit.
'Ihe SlM can provide continuoos Equivalent Soond Level (Leq) measurements
which are read directly frClll the display on the meter. At the en:} of the
fifteen minute measurement period an Leq was taken frClll the SlM for the
representative sanple period. Table 1 below shows the results of the
measurements .
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october 18, 1991
TABLE 1
Measurement Results, January 24, 1991
Site
Measurement
Hour
Measured
l.eq, dB (A)
Lowest Day
l.eq, dBA
Mic:rq:tJ.one
Height, ft.
1
11:50 A.M.
59.6
57.5
5
The measured l.eq values occurred during b.lsy daytilre traffic periods. At
other hours the traffic flows are reduced an:] the calculated l.eq would
fall to 57.5 along the property line at the north (see Table 2, a.rrc:M).
'lhis value is the lol. l .......;m!: noise level tiIat will oa:ur ciIriJJJ the
baIrs of qJerat:ial. 'Ihe value of 57.5 dB is a lcwer ...-...... than than 61.3
dB so it was used as a lIIl:XSt case. It is as sbipl.e as tiIat.
Because the worst-case ambient noise levels along on the site is 57.5 dB
the calculated allowable exterior becares 57.5 dBA (see Table 2,) based
on paragraph 4 of the City Exterior Noise Limits (Section 19.68.030 (b.)).
Project Generated Noise
The potential noise i.npact fran the project is eJq:lected to cane fran the
operation of the car wash located near the northern project line. '!he
potential . noise i.npact was based upon measurements of a Ryleo Manufacturing
car wash facility (Voyager Wash am 'Ihrust-Pro Dryer with Noise Reduction
Package). '!he measurement 1o'ere made at an existing facility at 24440 Lyons
in Santa Clarita. '!he measurements 1o'ere made of a car in the stall during
the wash an:] dry cycle. Measurements 1o'ere made at points all aroun:i the
stall at 10 foot increments. At each position the loodest levels of the
entire cycle will be during the dryer/blower sequence. '!he highest noise
generation in the dryer cycle was the blower start-up. '!he noise levels
stabilize as the car IIDVeS forward in the stall. '!he dryer duration is
about one minute an:] thirty seconis. '!he wash cycle duration is about 4
minutes .
Measurements of the car wash were also made with a B & K 2230 Integrating
sourxi Level Meter. Because of the duration of the dryer cycle,
measurements were recorded as Equ:i valent Sou:rd Level or l.eq. '!he l.eq is
the energy average of the noise levels over the cycle period.
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Rl-129
october 18, 1991
'Ihe developer has in:licated that a car wash with the Noise Red.Jctia1
~ (NRP) can be used at this site. Figure 3 sha.>s the car wash
layout with the NRP.
Measurements were also nade with a B & K 2230 !nte;!ratin3' SaJnj level
Meter. Because of the duration of the dryer cycle, measurements were
recorded as Equivalent SaJnj Level = Leq (See para~ 1 and 3 of
Section 19.68.030 (a.) (5) of the City Exterior Noise Lilnits. 'Ihe Leq is
the energy average of the noise levels over the cycle period.
'Ihe noise drop off rate is 6 dB per doublin:! of distance. For ease of
display and clarity Table 3 belCM sha.>s the other calculated unshielded
car wash noise levels to project sides along the north, south, east and
west sides.
TABLE 3
Calculated Noise Inpacts FrClll Car Wash to Adjacent Areas
I.aOO Area Car Wash Arg. of Bldg./ Dist. Calc Leq Noise
Use side view, deg. or PL feet Leq, dBA SID
Resid. Fast EXit 180 BUX;. 244 56.3 57.5*
Fast EXit 180 PL 40 70.8
Resid. South Exit 90 BUX;. 240 44.1 57.5*
South EXit 90 PL 195 45.1
Canm. North EXit 90 BUX;. 79 53.4 65
North EXit 90 PL 15 68.2
Canm. . West Entrance 180 BUX;. 384 59.4 65
West Entrance 180 PL 125 62.0
. = Ambient Noise Level
Because of the high inpact of the car wash with dryer unit and the
proximity of the residential areas at the east and south property sides a
car wash with 'Ihrust-Pro dryer and Noise Reduction Package was selected
for this site. 'Ihus, the noise levels frClll Figure 3 and Table 3 were used.
'Ihese values were used to determine the mitigation measures for the
project.
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Rl-129
October 18, 1991
MITIGATION ME'ASllRES
Because the potential noise levels shown in Table 3 at the closest ~ject
lines do NOr exceed the alla.rable daytiIre criteria of 57.5 dBA (see Table
2, arrow at 9 PM), aco..lStical shielc:1in:] will NOr be required.
'!he projected noise levels of 56.3 dB and less are below the exterior
stan:iard noise levels and will meet the alla.rable day criteria of 57.5 dBA
for the City of CllUla vista.
Rec::omrnerrlations
'!he results of 56.3 to 44.1 dB at residential locations are based on the
following assurrptions. '!he car wash h= nay NOr =r in the nighttiIre
period (10 P.M. to 7 A.M.). '!he weekend h= of operation are liInited by
the City noise stan::lards to 8 AM to 10 PM.
'!he car wash facility will use Voyager wash and the 'Ihrust-Pro dryer/
blower with the Noise Reduction Package and the entrance/exit roll-up
doors nay renained q:lE!I'l during the car wash operations.
With the recommendations described in this report the City of Chula vista
exterior noise stan::lards will be satisfied.
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Jenuery B. 1992
Chull Vistl Pllnning BOlrd
City of Chull Vistl
"embers of the BOlrdl
I. Jeck ~eno, am a 7-[leven French!se owner located at
1475 "elrose. Chull Vist~~n the Northwelt corner of "elrole
Avenue end East Orange Street/
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Texlco Service 5tltion pllns to build a "ini ""rt with Cer WISh
flcility which 50uthllnd Corporltion and I are aglinst.
By changing Texlco Service Stltion to Texaco "ini ""rt with Car
Wash does not meln it will generlte more business for the
community. Rather. it would just tlke some business OWlY from
existing Lucky Supermarket, 7-Eleven Store, Ind Bobar Liquor Store.
Therefore, it would not increase .more sales tex for the city but
chlnge the local trlffic pattern.
Also, the cer wash will certainly use more water resource IS we
all know that the car wash would not be able to recycle 100~ of
wlter being used.
Therefore, I urge you to consider the chlnge,.which ml~ not be
good for the community It all, and vote -.D" for the chlnge.
Thank you very much for your consideration.
Sincerely,
~:~~
7-Eleven Store 13578
1475 "elrose. Chull Vistl, CA 91911,
619-427-71BO
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Ja". 29, 1992
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D~ar Members of City Council- City of Chula Vista:
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Or, J".n. 6, 1992, City Flar....ing Commission had ~.'V,r."'iV(jrig to
discuss several matters and offered public hearing on some of
them. One of the maiters discussed is to grant conditional use
permi~ to Te~.co Refining and Marketing, Inc. loeate~ at 1498
f"i\;: J t" (:.I:.;;' AvenLtE< (c.Ot-nE-l- of E. OrE:n~lE' E;tree.t).
Due to the geograp~y, only the property owners within 30~
teet of th~ Texaco st~tion ~erE informed about this item on th~
~gend?, whil& the business owners who ectuelly spend e lot o~
time working in ttl2 nEighbDrhDo~ had not been notified.
A& ~ result, the Con~miE5ion p~5se~ ~ motion to tempore~~~y
e;.pr-GVE ~ c.orlditionBl U~~ permit proyid~d th~t "execo ~ill i;~~t
tL:::<Y~Y cC;:lc:iiicln5 Ct_ftEt"" ti. 5-2 vc)te. There were EEverc.l ie5i..t~.:.
fi.,-:-j"';.~:C;;Ii::.'-; i."l tt",C' PLI,t.1i_Co t;E'c,ring.. OnE: W='.: tr?ffic: pi?,ttE'rn~
~;~: 5tyc.n9Iy fel::'! th::lt ti)' t-c;'dE:"'v~lc-ping thE pr.:.:::;::.:t
~;.r2j7.:5~'rvicc st:.L~o~ to aG~. ffi~r;i-m~r\Gt ~nd car ~~E~ 4.:~]~
:.h~r:q2 2nd ilf10Ct tti~ tr~fiic p~ttern to ~~ even worSE sit~~tic~.
!C,E:.:C',:.2 _...,,:~'~ c;,:.j:,Ji;.;Ja'::'i::~:-., W:.: t:,E:-~C' h";:'.L: b~ET: tr'tEi.ffic: 5,-~r'Vi')" Ci~:..S','
L\ ~r.~ cit~ t~~,~.fic e~':9~~E~r ?1;"~1:~)' a~d thE result W~E not to~
.....,. ....~.'-. r:~.'.t ~-..,C' .;i:;-.(;:;.l ~~"iiE.'rc-r,t i::;';':; tl-'lf:- r-f.-CiSO;HS ar~ r..b ft.~lo~'.s:
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~:no~ when W~~ the tr~ffic 5ur.v~y t~~~7
~~s 02rjE befo~e ALgust 1991~ wh2n Lwc:~Y'$
~p&r1ir'j;, th2 sJrv~y could ve~y wall tl~ve
1.f.:.:' i.U=, i;..: ~ ;;. -;- tJIE ~;...l.~-VE:y
~_'rcrfi:a;'~,~t tl:;~ ~ gr~r'jd
~:r..~ ~~=8~Ft~ ~)r~'0~~.
l:.:~. i"l~:,,_.: Ti=:::'[; te' ~nc)~\ h~,C\t tJ._n.e: of t~H? day ~h=.:' t.hl7.
;;:..T., ;;.":,.' V';':_S t~.kE-rJ. 1f thl? StU"VE'f We.:: tak.en. betwE?en 9 il..m. c;r::. .;;..
; .f:.. ~ "(f,.:= !::~:t-Vt"r' rr:i.9~j~\o. i-.C,t. rE"'p!'"t'=.F~Jt thE' re?_l trc.ffic con::it:..::-., ..
F=~ ~~: t!-E~t:C ~:.~i~&rlt~ ~~ r?m~mber, rno~t.cf ther: h~~~E~e~
i... ('~.:-i. ~,_LI! c.-~. c..(t~'-r- L: r~.r.,. i:;t this irl~E'rsE.'t.ti.C:-:. find WE. s:..r;.;:,'1'7~
~:. ~~.s b~~2d on ~rG5~r;t tr?ftic Emo~nt ~n~ p~ttErn w~tho~~ ~~~.
i.C,: .,....:.c';.: (~d:-':,.-.:~:jlt cr.Ci L.-'..he:T tri';.fiic pc!",t~eTj""1 c:ha;-;gE- w!.'iiL~1 r:;~y'
t',i-,;:';'t::-. .'.;~ "C:-:~, iL:turC'.
t.,. i::;::,j,j:,E-Vf: tIlt:' tTi~ifir i~d:'l..'€'- rIot crlly mz:,:tt€~S with -:h::
r..'?".~:~ ~.-h~..": li....E r;!""id \.-':c.,.-J in thE-_; n~ighbDrh~::':::: bl:t 'thE' pi?c,ple .....-
t.... .t:~7':: ~,:. tt;;"DV:dti or ,-1:.E thE' r'E'-:.gh:.,.::;rhtJod b~t5:i.nc-sse.'5.
TI-,e:r.e c.!'"'2 to"o tri.i.rIY .L~nc:e:-t~d.ntie= not cleered B.t thie ~.:.mE..
HC:!.'~i:~vet-!' WE::- e:;r-G CE'r-tain that cnc.~ a. nlini-market with ca~
re~l~;cin~ the 5ervice etation at the corner, ~he ~rEffic
sur.ly g~t wcrse .n~ our qu.lity Of life will be changed.
Flease review this petition and vote "No" when this mEtt.r
is presEnted to thR City Council.
wa.sh
"",ill
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Jan. 29!1 19'7'2
D~~r Menibers of Cit)' Council- City of ChulE ViEt~:
On J?n. e, 1992, City Planning Commission had a mfr: _~g to
dis'=Ll5s severe,l If.etters and offered public hearing on s~"',e of
th~m. Dn~ of the matters discussed is to grant condition~l uc~
pRrmit to Te~?co Refining and M~rketing, ,Inc. located?' 14~2
M~'l~o=.e P;venLIE (c:ol-'ner of E. OrE-ngE" Street).
Dels; to ths; gs;ogr",;ohy, only the property owners ""i~ _" 30:'
feet of lh~ Te~aco st",t1on were informed about this item th~
agend?, while the bU5in~sE owners who ~ctually spend a :t of
timE' wod,inli in th~ neighborhood had not been r.otified.
A~ ? result, the Commission passed a motion to tem~: ?~il)
~.rr't-C've:' C' cO:-ioitic'riC:.l LI~f.? permit provided thc?t Te}{ac:o wi: n:(?~t
It.::-..Y::'y cClnditions C'fter- e.. 5-2 vote. There were sever.?] ."=U?.:.'
ri:;T;'~~;C':-;ETJ t.t the puLl"it: he.;.ring. Onc. W25;. tr-affic pe.tter-r:.
l-!,- ::;iJc.~'ngl)-1 feE"'! th!id by I-(?dri've~cpin~' t;-IE' :;,E,..t
r;.!i:..r2-:'~!c/s;='r.\'i!::E:: st2Lion t.o ;::,;"jo.: rn.:.r;i-(T:c;t-ket Ci.nd . car ~;~~,. ,,',j':;'] 1
ch~r'l~e ~n~ ~ffGct t~l2 tr~fiic p~tt~rn to ~~ even w~rEE si. :ic~.
It....;i.~,~~c:. :'nc:w'~ F~':'f']t?.rl~d.i.~n W2,: 'lhE're h~1d tlEen tr4,;fic: $our\-,'.,: C,Cl~'::'
t.y ~'::';':-=-' Clty ';:,.r-c:."f-ric. e~~g:.neE':" c?]r"c:~.cy a:nd the rE=_tlt we-.=: r ~I-;_'
nc[\=:;.':~;V<.~o i.:'..l.t L:,:: .rc.(--:l c;i'jiprertt e,:,C' tr-,E-'::' rf..;i;\50;IS cU'"'E ;..:; 'rc..~' =:':
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to ~.ncw when w~s th= tr~ffic -sur\-'e'
...'E"y' "':':;';5 c.oc:.':"'j;;;:' tlr;,fC'.'rE: AL~gLl.!;t lC;'91!, whs';:
e.nd t:'tJ2.'rlir;;~ the 5"Llrvey c:c'~:ld ve-:-y W~'
.or:E
;;ky's
h€VE'
~''..'D~!.n,:=',;' j..c....c i:..:: c:.
L.:.;':r-, ("':_<"::.>.; c;-..t".( i.'. J r t. i .
.' , l~~ ~lsw rl~2G to ~~nc"~ what tiffiE o~ the day w~~e~ t~,~
::~..;t,..\-.t:,' ~"h:'~ t::~~Eri. If th2 s~tr-vE-)-"' wa.:: t?ker: bett'W~'En 9 Ci.m. tB.!'iC;
; ~r, ~ 1,_ii:~ ~,..~1.\C)-' fi:i..;-~h'l r,c::t. rE.:;..-,rE'S,e:-:-it thE re'?l t"'-C:'.f"'fic cor;:;it.i~;:-;..
F~' tt\~ tl~~~~ic ~ccidentL WE rememb&r!, mOEt ~f the~: h~~~E~,~d
i:;_ t'~,..i. ~:: :;.! ~~'" ;~.j'tf"'r- 1; p..f,'. clt this ir:tETsecti.o;-,. Arid WE' =,i!T,~l'/
~i~~~ L~s~~ O~ pre~5e~t tr~ffi~ ~~ount ~nd patterrl withc~t ~~;
;'.;::.o::':;':"~G;,::~ i..~r,'L;;.3jft c':.:";c:! c,~..:hE'r t,r~;ftic pl!:tte""~j ch~,'-;ge.' which rr;Ei
li..:;pr." .,-; ,:_;1 i:.:-l:' "future' 0 .
4'0-" t,.::'] i,~:"''-E the:::' tr.~tfic i5:,s~j.~? rIot ohly ffiZ',tter-::. .....itJ-. t~;,s
p~':"r::;;.; I E: l'.'h::: 1 i VF e.:;G It..:c,,.--I-: in the n~'ighbDrh:":;.l:i bLtt the people It-:!-i::'
t.,'-: t:C'ir ~;C_ 'lh~-C.L:;;h or- Lt~E the r.E'.:..ght,orhood b~tEin~55es.
Thera arE too many uncertaintieE not cle~red at this timE.
HowPvEr!' W~ ar'e c€rt?in th~t cnc~ e ndni-rnarket with car we~~l
FE;IBcin; the service station at th~ corner, the tr~ffic ~il]
surely get wcrse ~n~ our quality of life ""ill be changed.
Fleas,e revie,^' this petition end vote "No" when this If.Ett!?,-
i~ presE~ted to the City Council.
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Ja". 29, 1992
Dear I'len,bere of Cit}. COLmcil- City of ChLlle Vista:
On Jan. B, 1992, Lity Planning Commission had a meeting to
dis:::LISS several It.atters and offered public hearing on EomE of
the",. One of the; lI',,,,t'ters discussed is to grant conditicnsl U".C.
permit to TexE:::o Refining End Marketing, Inc. Jocated Et 1492
M.lrcse Avenue (corner of E. Or~nQe Street).
Due to the geogrEphy, only the property owners within 300
feet of the Texaco station were informed about this item on the
age"de, while the business owners who actuElly spend E lot 01
time working in the neighborhood hsd not beEn notified.
?:: Eo. resLll t, 'the Commi~-5ion pC\ssed a Ifjoticn to. temporC\~:. =')'
apprDVE h corldition~l U&P permit provide~ that Tex&co will nl~Et
tw?nty condition~ after E 5-2 vote. There were sever~l iSEU2&
n:c"r1tioned mt the public ~;E~r-ing. OnE W~~ tr~ffic pattern.
Kc E~rcngly feel that b)' red&velcping thE preSEnt
;ar22C/S2rvice st?tion to ad~ mir.i-market and car ~~$h will
C~2r~;€ 2nd effect thE treffic p2~tern to ~~ even wor5e 5itueticn~
"'!E"':':'~~=; ~'nc.. 'E (-i':r-:Jc?;jat.it)~l W?;:: t.hErE:" hdd beer. traffic E.~~r-v€'y dC:':l~:
b\ t!-,~ cit~ tr~f1ic er:Q~nEer ~]re~~y a~d thE result was not too
n;:.,~.!:::.i,v€:-,. i:U.t hE' -/l-:(-:1 di.';1F,rf7'r,t e,:-ic.! the r~Cl_SO;lS arc; c.S fc.21o,".:s.:
1). p", r:E'Cc! to ..nOh' ~.'hf?:-, ~,=.= th:: tri'ffic SL\t"vs-y ci 0., E''''
!'.r:'!:'il~IS;:(;'-'~ i"f t.h~. !:,~I~.-VE''t' (f;l~S ClC:-i~' bc-fc....-e- ALI.-gust 1991" wh:Erl LL1::J.-:.y'S
~:_.'~cr-fLi:':'.I'-L:.:..t 1""1.=-'[;' c;, Gfc-.n.: t:'j:..L~'ninr;, the' E:...l,,,'"\,'ey c:cL.tld VE-!"'"Y WE,ll hc;_ve
t::....~r, tl:)'=-::,':~;t.€: ~lrc,;?G>.'.
I LJE' E.l~c.u rl2.::.d tc:; ITiC"I,.. ....h2.t tin:E c.~ the d.::.y wh5'J'i thE:
E;:".;r\/E':, io'-,li.;: t::.kc-n. 1f the Sl.,1TVE:)' W?E take'Tl betw~erl 9 a.m. ant .,,:;,
;: .fl,~ ~ i.!i~' S:"':.-"'(:'Y n:i~ih1. J.Cot rEc.::.;n--E":E-rot thE' ree:l' trc':f~ic cor.:;itic~:.
Fc~ th2 tr~ffit ac=id~nt~ WE r~memb~r, rno$t of ~he~ happEr,~~
i:~ ~(rk bwc_t) as a~ter. 4 p.m. at thi~ intEr5Ectio~l. And we 5itt~ly
__. th~~ L~~ed on ~r~Eerlt treffic ~~o~nt ~nd pattE~n. w~thout ~~~
i::(~,-:.J..~':'C:f;:._J i.;i:'Ourit: c;.~jd o'LhE?r tr~:.'ffic: p2.1. teTi"j cha:-;g=- which t'fi2y'
t'i,pr:E~ ~r~ ~h2 1uture.
V~~ t:&JievE the traffic iSSU2 r~ot ~nly matters with tt~E
p?~.;.;lc: ~':i1=i live .arid L<o,;~r-J, in the' nE-ighborhood b~:t t!ie. pc;ople ~!-iC-,
c.tc~ C~ lhfD~gh or U~e the n~~ghbofh~od busineSSES.
There are too m..,ny Lmcertilinties not cleilr:ed et this time,
HO~',1EVer ~ WE' are ce,.-tain that once a mir,i-marke.t .....i th car WE'.5-rl
rE~l.cin; the service stillion et thE corner, the traffic ~ill
EUfely get worse CIne:! our qU8lity of life will be chClnged.
Fle.ase review this petition .nc:! vete "No" when this; me.ttE"'"
is rfe5~~ted to the City Council.
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Ja~. 2;', .19;'2
D~ar Members of City Council- City of Chula Vista:
On J~n. 8. 1992, City Planning Commission had a meeting tD
dis=us~ several matters and offered public hearing on some of
them. On~ of the maiters discussed is to grant conditicnal
p~rmit t~ 7exEco Refining and Marketing, Inc. located at
M21rosE Avenu~ (corner of E. Dr~nge Street).
Vi..!.;- to 'the geogr-ciphy!, on 1 y trJep~operty owr,e..-s wi thin 3('::.
feet of the Texaco station were informed about this iten on the
agenda, while the business owners who actually spend a lot o~
timu working in th~ nej.g~lb~rhood had ~ot b@en notified.
As ~ result, ttlE Com~iE5ion passed ~ motion to temporarily
~pprOYE ~ co~dition?l u~e permit provided t~lat 1.ex~co will n:ect
t~~~ty conditions ~ftEr ~ 5-2 vote. There wer~ eever~l iSEue~
~;2rltiG~leci ~t ttlE public he2ring. One W25 tr8ffic p?ttern.
L:::: ~tr"c:rigly feel th=",t by I'"'c=deve:le:'ping the, pr'~:;~;.t
~2r2g~;~2r'vic~ station to add ffii,r:i-marJ~et ~~d ca~ w~s~ ~~il1
chc"r':9e- ~T.L1 t.-f'fec't thE; tr-t?,f'fil P::ttt;:__'-n to cr, e....'en ",IOrIEE 5it'-.!E.tic:'o.o
1e::'~~,::,c: ~'r'~..'E e}~r-:J.e.natiO:1 w;:~~ theft ~'dd .b=-ETI tr-af1.ic s~:rvc'r' dc:~c
by t~.~ city tra:ffic erlgineE: a]r&~~. ~~d the r~$~lt was not tc~
"<..:,,.~.:..',.,..t:. E;,_.',t t...:,z -rE:::'~-1 d~_-;7e::'rFrlt C:,:-)"': thE rf:oi:".=";,Q!"15 C\i"'~' i~,E.;' fc;~ltJhE~
1). ~~ ~~Ej to ~.now wh~n was th= trEffic 5ur'vey CC~E~
!-:ec-i:;\l.~,F:'. ~1 thE' =LU-VEY If.,i:?S dL'~.E bE'fo~E.' AL'.gust 1991., wh:;;:n LLi::j~.">"'Ei
~'-. r='rlL,?:"kf:-t h~\= ;:;. gr-c.nd C:';:"c.'nir ; '!I the E-~tr"'ey cc:..:ld ve~y w~.?ll t";E\!E
LlEE:-
1492
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r...c,,::.r; c.,__,,=:.:i ,:::,tt e,1. r F'':,.:; ,;.'..
~;.. ~;~ ~JSO n22ci to J~no~ ~hat tinlE o~ the d~y w~~~ trl2
E:L;r\/E:", "-.IE;!:: t;.:',Er;. If th? sur-v~'~' We.: tCi.keri betwe.:-en 9 E..tT;. arlc' ....
; .,(i'. ~ tr..:' S.,t-Vl')" rr:i~!h"l r;c,t. t-Epr-eE,E':"lt thE' rec;.l trz;:f'fic t:c.;;::i't.i~.:- .
F..:.;o tJ,~.' t'-i-,",,-;:"tic. c-,::cideiits.. ,",,'E ,..'s-~emb:?r, lTiDst c,,:~ t:h..:-r: h~PP~'".E'('
i.."'~ c'~,~-l ~I...,~,h i:~' v.-;:'lf:~- ij, po.-rr.. ~;t thi~ ir:-::Er-5E'Ct~C.l:-l. (~~)d ~'E.\ si~;,~'ly.
==, t~is L2~E~ on p,-cEer:t treffic emcunt ant' patt~~rl w~thout ~n~'
,,;;':;[:::,,'L:-:"-'J'".:,.J .:~(;'c;:",:r;t ~;f.c: c:.'~he:'r trc:~i'ic pi!:tter:-, ch~.~.9E which r;-,::tl
hi;"."lpj:..t",-, }_;j thE' '!-L.:.tLlre..
1'.:> t,;:,j ie",,'€. th~' tt-~itic: is.SL1=:;' TJot Ofll),' mc.ttE':""S v.:ith 'thE'
p~c~IE wh~ liVE end ~ori'; in the neighborho~j but t~~ people w~::
t.'., te., p= i.h~C:;L~;-;t; or US\E"' the nE':..ghborhClod b~t5inE-55c5.
lhEr'E ~r2 toe many uncert~intie5 not cleared at this time",
Ho~~ever~ .we ~re cert~in that once a mini-~~~ket with car W?~~I
re~l~cing the eervice station at th~ corner, the trEffic kill
surely get worSE an~ our quality of life will be change~.
Please review this p~tition end vote "No" wh~n thie matter
is presented to the City Council.
V~J~'
S'igne.tLlre /
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19<;2
De~r Members of City Council- City of Chul. Vist..:
On Jan. 8, 1992, City F'l~nning (~mffiis5ion h~d a meeting t,t)
dis=LI5f> 5ever...l matters a.nd offeree: p.,blic hearing on 500,e c,f
them. One of the mattErs discussed is to grant conditic~.l U5~
permit to Tex..co Refining and Marketing, Inc. locatec: at 149~
H",lrosE' P;VEr,ue (coFlle,- of E. Orc~~,E' Etres-c).
Due to the geogr~p~y, only the prop~rty owners within 30:'
feet of thE TEia,co st..tio" ~'e!'"E' in'formec' about this ite", on the'
ag~nda, while the b~5inEss ow~ers who ~ctuel1y spend e let 01
time worki-,g in t.hE.' neighbc..rhood had not besm notified.
As'a result, the COffirniEsion passe~ ~ m~tion to tempora~~l)'
~pprc:ve h co;,c:iitional Ll!::-e permit provicJf:'d the,t Te}:ac:o will 'rn~st
t~~~ty conditione aftEr s 5-2 vote~ ThEre were Eever~l iEEwes
~.~r!tior}ec; ~t the p~blic t:c2ring~ Orl~ WitS treffic p~ttern,
W~ Etr~ngly fe~~ thclt b)! 1-~d2v~lopinQ thE p:~~~~~~
~,i:'.t"'i::'~:.H:/Sf7'.'.'l,ic(- st~.t..~;on lei =;r.lc~ rr,i.r;i-iTl~,,~-\c::,t cCld c;a:- ".:L~=~' '.:.:..1.l
=h~n;e ~:Gd ~,ffac~ th2 tr2fiic p~ttErn tc ~.~. EV2n woree Eit~~tic~,
:€:?':2C:C Ir/!:. '~, c::::plai'j,Sti,=:-':-"i W::E 'lh!::'~-p h-c;L L)~E:'r; traffic ~I...~_!""vc::,y C::C'"::':~.~.
t:..>. ';::i,~ c:'.:..;::,)" 'L:"c<~-ric e;':g~nE"::':-' ?':;~(!'';'C)' 2:;7';c1 thL" F-F-:....tlt .....?: not ........._.
f'ic:(:l<:;:':;.\Jf:' ~ 1-,,-.'.1. (.-\:~ -!E:::e:,:I C'';;'''I-r(:.'rt-~~lt i.'::.~-IC.: '::!-iF r~-,'::..o:-::; ?ol"'"t;! ~5 f(':.lc;..-E~
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t~:-:: c;:;:,'r;::!
to ~:~QW whe~ W~5 th~
tr~ffic 5urv~y ~o!)e7
!.:='C.~.LtS::' r .;;. ~ thE' =-i...\:-VC"1 4o"~~S C:L'~!E:
s;..,pcr"IL:?;"~ c..:: h.:-.d €~ gr-C-_rj,j ~';:."::'nir.:;' ~
Lc~~~ 0~?C.J?tL ~lr~2~.'~
befc-r ~~gust 1991, wh~~ Lw~~.y's
t~'2 Ewrv~y cculd ve~y W?l~ h~,v~
::;.. l.;,:.. e._J.~~-u ni:::.-:::'~-:'; iu J r,c,~.. ~';;-i2.'~ tir..e. c:.~ thE!' dc:;./ :"J~,2:-' t'"IC".
sl.;.rve-y ~;!~.~ 't.D~,:Erl.. 1 f tt,;: s...\I'.'v'E?:/ WC'.: tc-.ks-';; betw~en 9 c:. m. c.; I:': ..;
~.rl'. ~ t.h=. :=.a-\-'t;'y n:j~:~;t. ~',c-t r::::~)rC'E'L.;:-~d:. thE" rE::i-oI t!'"lE:ffic cc;:-:::i't.:e::-:.
Fe:' ~h~ tl~b~tic a~~itiEnt~ ~;e r2~~emb~r, m05t o~ the~ happL~le~
&:,:1.. c;i':r-I-'. \:..'- h c:'~:. ;..-j'tf'l- .l: r..t".. 2t '(,his i;:.::E':r~Ec:t~O:'1. ~'~nd ~'e :S':f[~'2.'i
E:'\i i:.t-,.~s l;~::.-~,j D;-, pt-r~~:.eLt tr,;,'f1'ic i'.rr,c"_lnt. c~!.H:'; p~!tt~'r-rl v..i':;:hcl:":~~ i'<rlY'
i"L;C.:it.:o;..:-~J C:;f,'DU..~. i_.:-.d c:.,'':-h~.t- t,r~.ffic p~:ttt:r;-j ch~.;;ge whic~ rn=".-
hi:\r.';:'-E:"l :.tn tf""I!iZ.' iu tur'c.
t.-:,:-. i.:;;.'J:'!.EVE i.!'lt::. t:--i:,t"i-ic iE~~L'~~ not or:1y m~,tt5'r-S wit:-; th,;:
p-2:'C:';';l~ ~"}i'i::- .1ivE c.::,C: ~";~:j"'L in t:-iE nf.:'i;:--;~orh~::;.:! b~~t t~& ps-c.;::,,:e v\'!l:;
~~tErl g~ ttlroLg~i ~r W~E t~le nE~ght8rh~od b~Ein~ssE5.
Tt,er'e Et:'"z: too rn.i:.ny Ltnce!-t~inti.e5 rJot clee.red at 'this timE'-..
HO.'Jc='ver, Wf=' t?re ce~tain t:h~.t cnce a. fTti:"'}i-mi?-ke'l with ce.~
rE~l~=in; the service etatior at thm corne!'", the tr~ffic
surely get worse an~ our quality of life ~ill be change~.
Please review this petition ....nd vote "No" when this If.e.ttE'r-
is presE~ted tQ thE City Coun~il.
we-.S!":
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1992
Members ef City Cc~ncil
City of Chul~ Vist~
On Jan. S, 1~~2 City.Pla~ning Commision passEd a petition
with . 5-:;: vote to Qrar.t .. conditior,al use pe.-mit to Tlnaco
REfininQ and Marketing, Inc. to redevelop their service station
at 1498 Melrose AVE. to ..dd mini-mart and car wash.
We strongly feel thEt our quality of life in this
neighborhood will be affected by this change.
.:t.
Presently, there are alre~dy feu.- businESS establishments in ~
cur neighborhood carrying beer, wine ..nd/or liqwor. They arE
LUC:~'"Y'E &uperrr;e.rket" Bot,~.r LiQuor Qr-.d Grocery, 7-Eleven Store s.nd
ScorEboE.rd Inri. . re=pec: ti vel)i. Ell ilddir;g Te:<aco mini-market.,
there will ~~ one tOD rn~~y ir! cur ~Ei,hborhood. W~ live *t B tiffi~
that we try ow,- best to educEte cur children and e~eryone - "Dc
not mix drin~ing and driving ?t ~ll". An~ y~t, we ar". ~oi~; to
allow . 6e~vicE Etatio~ cha~~ec t~ hEve bee~ e~d ~in& lice~E~,
whiCh WJll be 5CPlethir:o bddit~on~l fer t~le service &tation." ~h~t
kind of me~$~ge we ~~e-tr~in; tc 6nnc~nc:~ to cur society?
In recent YE~rs, youth Q~ng ~ctivities h~ve been in 6 ri5e
in our ne.igl-.t,crr.:'od. (ll:I"" neiC;lic;::;"'-!;c,o= ~ th'~ residents ..nd serne- of
the bue1~~~~5 ~st~b:i5hm~~ts tC'~E~~er, h~E put up ve-y bi~ e11crtE
to E,lirr.ine..te. thCl:,E' c..::'ti~!~tl.e=,. ChL.ilE. ViSt.Cl Police Depe,rtment C~.:~
tE'&ti1'y trliE fli'.ct. W~ belie'y'E- 1:hClt once- ~. mini-lT'iCtrt is bL.lilt in
~he cornE"" prcp~rty cp~reted by youn~ cler~5 with limited
bU5i~~~s 5~.il15 a~~ i~tEi-eEtE, the ~~~~ Ectivity will definiteli
~isa Ega1n. Wa ~~.no~ wa~t to 5~e cu- Qu~Jity cf life bec:cmE
wor5~ d~spi~e ~~r Elre~d; ~~d e~oug~ e=c'o~~c situ~ticn.
Th~:-~1cre. ~~ urge ~CL: VC~~ f:~C:1 C~ ~~"r p5~itic~ if t~:~~
m~tter' com~a u~ b~t~re VOL:. 1~i~n~5 a rrillicn.
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Mem~ere o~ Citj Ccu~cil
City of Ch~la ~ist.
D~ J~n. E~ 1;92 Li~y Flanning Ccmm1sicn paseed . petiti~~
with . 5-2 v=te ~= 9r~nt ~ conci~icnel use pe~mit ~c Te~aco
Refining ~nd Mar~eting, Inc. to rebeve~o~ their service st~ti~n
at 1498 Melroee Ave. t~ ~dd mini-m~rt .nd car wa&h.
We &tro~;ly feel thEt our quality of life i~ this
neightorhocd ~ill be affected by t~is ch~n;e.
F'reser. tl y, trlere E'.:o-'e e,: reacy fc,~tr b~l&ine$s es't..t;Ol i&t-;tr;ents: i!l
cur nei;hoo~hocc c6rryi~~ bee~, wi~s .n~/cr liquor. They e~E
LUC~:Y'5 &U~~r~6rret~ Bcb~r L~~uor ~~c Gr~cery!, 7-EJe~~n Etore E~t
Sco:-eb=~rd In~., reEpecti~~ly. B~- .d~ing Te.,acc mi~i-~~r~.e~,
th~r~ ~i:! b~ one tee ~~ry ~n c~:r ~ei~~torhcc~. w~ :iVE a~ ~ ~~me
that we try C~r test to etucE~e cur ~hildre~ ~nt eVEry~~e - II=~
not mix d~in~in~ brd c~ivin~ ~t ~ll'l. An~ ~et, W~ ~re ~oin; ~c
.11c~ ~ 5e~vi~~ ~~at~o~ =~~~;~C ~= h~ve be~~ E~~ ~ine 11=ens~,
which w:l1 bE s=,r.Efthi,,; rjci~icr:c::,l "Fe:: t~;e' se"'-vic:e Ete.ti~i:. W!-.tE~.:.
ki~t of mes~L;E ~e 6-a tr;in, tc ~n~cu~ce to owr aociety7
Irt recent YE~r-s~ ywwth Q?~g ~ctivitie$ h~ve teen i~ ~ rie~
in OL:r- r,c.:.ght,c~~lcc<c. Du~ r,e.iQ1-.t:.cll~hc.c'd ~ the residE,nts Enci sc-ms. c-f
the b~'~i~e~E ~~tit:~E~mE~~s tr.~E:~~E~-, ~e$ put ~; vs-~ ~~; E~~~-~~
to e2imi~~~E ~ncaE ~~~i~'~~~&s. :Mw:~ ~~st~ Fo:i:e De~~-tmE~t c.~
te5t~t, ~~,is 1~c~. We bElie~'e tt~?t ~nc~ aminj-rn~~= is b~;ilt ~~.;
~h~ cc~ner p~=~~~ty o~~r2~et b~ ycun; clEr~s ~ith l~m~t~~
bL:~i-~E:-sS s;':..11: c.:-'~ j,r-,tE--c--='t.:" i.<'e ,;a!'1g: titc.ti\'it':..' ~.i::' c~7i~.l-:'=:""
ri5~ ~;?~r. w~ ~~ ~ot W~~~ t= e~s ou~- ~wality cf li~e =a~=~~
wors~ d~~oite ~~~r ..:~F~~I t?d ~ro~~~ e=c~~rni= 5~t~~~~=n.
;-r-.;:..-e-::~-ec .....t L.i:"'~G '....CL \Ie:::: .'N~'~ or. ~'~r ;::=-:'':'~:'~-;::f "~.-I;;:
trlc-ttEP- C":';,'ill:-= L,l.;: t.f;:-t:.:....: ~'~L~. '-.c."-,.'.E Ca. r.;.J..1_~C;~.
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Ja.n. 2;., 19;2
Members cf City Council
City ~i Chula Vista
On Jan. 6, 1~9: City.Plannin~ Commis~on pas$~d ;0 petiticn
with a :;i-2 vote to grant ;0 conditional use permit to Te'.o?:::0
Refining and Marketing, Inc. to redevelop their service station
at i498 Melrose Ave. to add mini-mart and car wash.
We strongly feel that our quality of life in this .:.l
neighborhood will be affected by this change. ~
Presently, there are already four business establishments in
cur neighborhood carrying beer, wine and/or liquor. They are
LUC~Y'5 5uperffi~rket~ Bobsr Liquor ~nd Grocery, 7-Eleven Store End
Sco~Ebo5rd Inn., r&spectively. By.dding Texaco mini-rn~rket,
the~~ ~ill b~ one toe m~ny in our ~ei~hbcrhco~. We liv~ at ~ ti~e
that we try cq",lr be$t tc' e-ducE.te CLlr ChilorE-!j E1;;d eve-ryer-e' - II Dc:,
not mix ~rinkinQ ~~d driving ~t ell". And yet, we ~re g~ing to
Allow a se~vice st~licn ch~nged to h~~e bee~ e~~ ~ine licEnss,
whi:::h ~i11 be somethino additional for the service ~tation. What
kind of ~e~s.ge we are-tr~in, to anncunce to cur Eociety7
In recent ye~rs, youth g~nQ activities h?ve been in e rise
in our n~ighbcrhcod. OL!r neighborhood~ the residents .nd &cm~ of
the b~tsin~5S e$tE~li5hme~ts together, h~5 put up very bi; e~fc~tE
to Elimi~~te theSE ~ctivities. Chul~ ViEt~ Folice Dep~~tment c~~
te~tify thi~ f~ct. We b~li~ve th~t ence e mini-mart is built in
the cornEr prop~rty oper~te~ by young cler1s with limited
bu~iness s~ill~ ~~d int~~e5t~, tn& g~n~ ~ctivit7' wi~l d~f1nit~1~
riee ~g~~n. We eo not w~nt to see our qu~litj- of life becomE
worSE des~ite o~r ~lreaoy b~d enough e=c~omic Ei~u.~ic~.
l'hpr~1~~e~ we urge yew vote IINell on C~r peti~i=~ if th~E
m~ttE~ rGnJ~S up b~fore YQL!. T~I~n~5 ~ frill~cn.
~ ~-:zy
Signa.ture
~7 - /~?Z; H&"LA?:J$/~
Adc'res5 f
C '~L~ l/i51~ , c.l q I~l!/
9-75
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Membsre of City Council
City of Chula Vista
On J~n. S, 1992 City Planning Commisicn pes5ed . petition
with . 5-2 vote to grent ~ conditionel use permit to Te~~co
Refining and MerKeting, Inc. to reoevelop their aervice steticn
at 1498 Melrose Ave. to add mini-mart and car wash.
We strong~y feel that our quality of life in this
neighborhood will be affecte~ by this change.
F'reE<ently, there are alre~dy four business establishlT.entE in
our neighborhood carrying beer, wine and/or liquor. They are
Luc~y'e Euper~arket, Bobar Liouor and Grocery, 7-E~even Store end
Sco~ebo~rd Inn., respectively. By.dding Tex.cc mini-market,
tliE:'"'"e wi 11 be.- one toe' lTIt5\n) irl o~,r rleight1c;rhccd. We- 11v& at ~ tinl~
~hat we trf our beet to educ~te our chil~ren .n~ everyone _ 'I~C
not ~ix drin~in; and driving ?t ~ll". And YEt, we ~re Qoi"g to
ello~ 0 se:'"'"vic~ st~~lon cha~ged to h~ve be=~ a~d w~ne license,
which will be something ~dditionel for the service stetion. What
kind of meEs~ge we ~-~ tr~ing to .nnounce to cur society?
In recent years, youth gang ~ctivities have been in ~ riE~
in our n~ighborhcod. Our neighbort'OOd, the r&Sidents .nd scme of
the bwsi~e5s est~bJishment5 t~gethEr., has put up very big effc~t5
to ~liminEte these ~ctivities. Cnu!e Vi&t~ Police Departm~~t CEn
te~tify this 1~~t. We believe th~t onc~ ~ mini-m~~t i6 built ~n
the corner prcpe~ty operated by young clerkE with limit~t
bUEin~~~ e~~~115 a~~ interests, tne g~n; .ctivity will defini~e:v
riee ~Q~in. We eO,not WE~t to se~ our q~~lity cf li~e becom~
wors~ des~ite c~r Elre~d~ ~~d enoug~ e=c'c~ic Eitu~tion.
Th.~~fc~e~ W~ urgE yew vc~e ':Nc" or o~r pe~itic~ if th~E
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PUBUC HE.ARJNGS AND RELATED RESOLtmONS AND ORDINANCES
13. PUBUC HE.ARJNG CONDITIONAL USE PERMIT PCC-91-24: APPEAL OF PLANNING
COMMlSSlON APPROVAL OF REQUEST TO REDEVELOP SERVICE STAnON/MINI.MARKET AND CAR WASH
AT 1498 MELROSE AVENUE . The application, submitted by Texaco Refining and Marketing Inc., request
permission to redevelop the service station at 1498 Melrose Avenue with new facilities, including new
dISpenser islands and canopy, J ,800 square foot mini.markeVcashier building, and a 750 square foot
mechanical car wash. The permit was approved by the Planning Commission on 1/8/92 and has been
appealed by CounciL Staff recommends that the public hearing be postponed Wltil CoWlcD has
considered/adopted a review process for alcohol sales facilities in C.N zones. (Director of Planning)
Continued from the 4/28/92 meeting.
MS (Nader/Moore) to accept staff recommendation to postpone Wltil a review process regarding alcohol
sales facilities in C.N zones is completed.
Councilman Malcolm felt that if the applicant was aware that in this particular location there was already
the maximum allowed number of liquor sales facilities and there was a good chance that his application
would be turned down by ABC, if he wanted to go forward with the service station/car wash and mini.
market he felt those issues could be dealt with.
Ken Lee, Assistant Planning Director, responded that the application still included the request for liquor and
they had concurred with the request for continuation. They were not in attendance due to their request for
a continuation.
VOn: ON MOnON: approved Wlanimously.
9~ 7;
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13. PUBUC HEARING CONDmONAL USE PERMlT pcc.9i.24: APPEAL OF ~G
COMMISSION APPROVAL OP REQUEST TO R.EDEVF.LOP SERVICE sr AnON AND ADD MINl.M.\RXET
CAll WASH AT 1498 ME.l.ROSE AVENuE . The application, submined by Texaco Refining and Marlte~
Inc., requeslJ permission to redevelop the .ervice station at 1498 Melrose Avenue with new facilities,
including new dispenser islands and canopy, 1,800 square foot mini.market/cashier building, and a 750
square foot mechanical car wash. The permit was approved by the Planning Commission on 1/8/92 and
has been appealed by Council. Staff recommends OOstDonemenr. (Director of Planning) Continued from
-tinr of 3/24/92.
.
Mayor Nader .tated that staff had recommended that the public hearing be postponed in order to prepare
an orclinance that may affect the Outcome of the hearing.
Dave MatlJon, 9966 San Diego Mission Road, San Diego, CA 92108, representing Texaco, stated they were
opposed to continuing their request unrll an ordinance regarding beer and wine sales was drafted. They felt
they could provide the necessary information for Council to make a decision. They would appreciate a
decision and reque.ted that the public hearing be .cheduled in one or two weeks.
\.'~
::: - Robert Leiter, Director or Planning, responded that staff was prepared to proceed but requested specific
-:.:;. policy direction from Council regarding alcohol sales in a C.N zone. It was felt that after such direction they
~. would be in a bener position to make a specific recommendation on the case.
'-.
\ Councilman Moore stated that concern had been expressed to him by residents in the area regarding the
' increase in traffic due to the mini. mart. Staff should look to see if projects will increase traffic in the area,
'- whether stacking distance is limited, and driveway modifications.
--.
"--
Councilman Malcolm felt that if Texaco wanted to proceed with everything except the alcohol sales, Council
should proceed and continue the hearing for one or two weeks. Due to the staff recommendation to
conrinue he did not feel that all interested parries had anended the meeting.
.
MSUC (Nader/Malcolm) to postpone the public hearing to the meeting of May 12, 1992.
Mayor Nader .tated the neighborhood would be renotified regarding the hearing date.
. * * *
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PUBUC HEARINGS AND RF'~TED RESOumONS AND ORDINANCES
Page 6
.4. PUBUC HEARING PCC-91-24 CONDmONAL USE PERMIT: APPEAL OF p~G
COMMISSION APPROVAL OF REQUEST TO REDEVELOp SERVICE STATION AND ADD MINI-MARKET AND
CAR WASH AT H98 MELROSE AVENUE - The application, submitted by Texaco Refining and Marketing,
Inc., requests permission to redevelop the service station at 1498 Melrose Avenue with new facilities,
including new dispenser islands and canopy, 1,800 square foot mini-market/cashier building, and 750 square
foot mechanical car wash. The permit was approved by the Planning Commission on 1/8/92 and has been
appealed by Council. tafI' reco ~ds Council a)ntinue the b ' 0 the a of PeC- 1- the
Illeetinlr of ADnl 28. 1992. (Director of Planning)
This being the time and place as advertised, the public hearing was declared open.
MSUC (Nader/Moore) to a)ntinue the public hearing to the meeting of Apnl 28, 1992.
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18. PUBUC HEARlNG CONDli10NAL USE PERMIT PCC.91.24; APPEAL OF P!.ANNING
COMMlSSION APPROVAL OF REQUEST TO REDEVELOP SERVICE STATION AND ADD MlNI.MARKET AND
CAR WASH AT 1498 MELROSE AVENUE . The application, submirted by Texaco Refining and Marketing,
Inc., requests pennisslon to redevelop the SeMet station at 1498 Melrose Avenue with new facilities,
including new dispenser islands and canopy, 1,800 square fOOl mini.market/cashier building, and 750 square
foot mechanical car wash. The pennit was approved by the Planning Commission on 1/8/92 and has been
appealed by Council. A plor plan and legal description IS on file in the Planning Department. (Director of
Planning) STAFF RECOMMENDs TI-lAT 1liE PUBUC HEARlNG BE OPENED AND COlmNUED TO 312~92
~ ORDER TO ADDRESS 1liE CONCERNS RAlSED BY 1liE SURROUNDING RES'DEJIITS AND BUS': S
OWNERS. ,
This being the time and place as advenised, the public huring was declared open.
MSUC (Nader/Moore) to continue the public hearing to the 3/24/92 Council meeting.
Councilman Moore questioned whether staff had reVlewed the poSItion of the driveways on Orange Avenue
and Melrose as it pertained 10 rlghl rum/left rum. The two driveways closest to the northwest comer of
Melrose and Orange probably would not be allowed In today's deSign and requested that staff look at thi$
prior to the public hearing.
.
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RESOLUTION NO. PCC-91-Z4
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION GRANTING A CONOITIONAL USE PERMIT
WHEREAS, a duly verified application for I conditional use permit was
filed with the Planning Department of the City of Chula Vista on December 5,
1990 by Texaco Refining and Marketing Inc., and
WHEREAS, said application requested approval to redevelop an existing
service station site into a self-service gas facility with mini-market and car
wash at 1498 Melrose Avenue in the C-N Neighborhood Commercial lone, and
WHEREAS, the Planning Commission 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 publ ication in a newspaper of
general circulation in the city and its mailing to property owners within 300
feet of the exterior boundaries of the property at least ten days prior to the
hearing, and
WHEREAS, the heari ng was held at the time and p1 ace as advert i sed,
namely 7:00 p.m., January 8, 1992, in the Council Chambers, 276 Fourth Avenue,
before the Planning Commission and said hearing was thereafter closed, and
WHEREAS, the Commission found
significant environmental impacts and
Declaration issued on IS-91-22.
that the project would
adopted the Mitigated
have no
Negative
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION finds as
follows:
1. 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.
The proposed self-serve gas, mi ni -market, and car wash hcil i ty
will serve the needs of the residents in the surrounding area.
2. That such use will not under the circumstances of the
particular case, be detrilllental 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 will upgrade the appearance of the site Ind comply
with the City's noise standards.
3. That the proposed use will comply with the regulations and
conditions specified in the code for such use.
The project will be required to comply
codes, conditions and regulations prior
development permits.
with 111 applicable
to the issuance of
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4. 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 approval of this permit as conditioned is consistent with
City policies and plans.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION hereby grants the
conditional use permit, subject to the following conditions:
1. The conditional use permit shall not become effective if or
unt il the compani on amendment, PCA-91-02, becomes effect he on
the 31st day after its second reading by the City Council.
2. The appl icant and successors in interest shall be responsible
for repairing any water damage to public improvements resulting
from the oper.ation of the car wash. Failure to accept said
respons i bil i ty shall be cause for this permi t to be reviewed by
the City for additional conditions or revocation.
3. The proposal shall comply with the plan approved by the Design
Review Committee (Ref. DRC-92-01).
4. The car wash facil i ty shall not be in operation between the
hours of 10:00 p.m. and 7:00 a.m. on weekdays and 10 p.m. and
8:00 a.m. on weekends.
,
.!
5. The car wash facil ity shall use the noise reduction equipment
package as outlined in the Colia Acoustical Report, May 16, 1991.
6. A soils investigation shall be conducted, and a summarizing
soils report shall be prepared by a qualified soils consultant
prior to the issuance of a building permit.
7.' All remedial grading on site shall be performed in accordance
with the soils report prepared for the site; and to the grading
standards of the City of Chula Vista.
8. The project design shall comply with the seismic design
requirements of the Uniform Building Code or the Structural
Engineers Association of California, to the satisfaction of the
City Engineer and/or Building Official.
9. Fire Department permits shall be obtained for the removal of
underground fuel tanks, installation of fuel tanks and for
related piping and dispenser installation.
10. The Fire Department shall inspect and approve the fuel tank
removal and installation of fuel tanks and associated piping and
dispenser lines.
11. All provisions outlined in the Uniform Fire Code, Article 79,
Division IX shall apply to this project.
9 --8''1
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12. The appl icant shall agree to no net increase in water
consumption or participate in whatever water conservation or fee
offset program the City of Chula Vista has in effect at the time
of building permit issuance.
13. Install at ion of low fl ow toil ets, faucet aerators, hot water
pipe insulation and pressure reducing valves will be required.
14. Water conserving i rri gat i on systems, drought tol erant
landscaping, and water conserving grading/construction practices
will be required.
15. Eighty percent (8~) recl aimed water shall be used for all car
wash operations.
16. A seven (7) foot street dedication will be required along the
length of Orange Avenue to the satisfaction of the City Engineer.
This conditional use permit shall become void and ineffective if the
same is not ut i 1 i zed wi th i n one year from the date of thi s resol ut i on 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.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA,
this 8th day of January, 1992 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
Commissioners Carson, Tugenberg, Fuller, Decker and Tuchscher
Commissioners Casillas and Martin
None
~~ d,~
Su an Fuller, Chairperson
ATTEST:
1k~~. ~~
Nancy Ri ey, S. reta
WPC 0077p/1641P
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PC Minutes
-10-
January 8, 1992
,
(
ITEM 6.
PUBLIC HEARING: CONDmONAL USE PERMIT PCC-91-24:
REQUEST TO REDEVELOP SERVICE STATION AND ADD MINI-
MARKET AJII'D CAR WASH AT 1498 MELROSE A VENUE - Texaco
Rerlllini aDd MarketiDi, IDe.
Senior Planner Griffin described the project, location, and surrounding zoning. He noted that
the project design, including the site plan and architecture, had been approved by the Design
Review Committee on September 23, 1991. A noise study had been done in conjunction with
the initial environmental study which showed that the car wash would be within the City's noise
standards during the day. The facility would not be allowed to operate at night, because there
would be a potential for exceeding the standards during that period of time. Staff recommended
approval which would ultimately be dependent upon the City Council approving the prior Code
amendment.
Commissioner Martin asked about ingress and egress to the project. He was concerned about
congestion at the location on Melrose, and illegal turns. Those travelling from the Bay area or
1-5 on Orange would have to turn in the exit. Mr. Griffin said staff could consider some
alternative circulation programs before the project went before Council.
Commissioner Casillas asked if alcoholic beverages would be sold at the mini-mart. Chair
Fuller noted the applicant would address that during the public hearing.
This being the time and the place as advertised, the public hearing was opened.
Dave MadseD, representing Texaco Refining & Marketing, Inc., 9966 San Diego Mission Road,
San Diego, said they had filed a conditional use permit in December 1990 and had worked with
staff, Design Review Committee, traffic engineer, and acoustical engineer regarding the sound
study for the car wash. He believed their plan would improve the traffic flow by closing two
driveways closest to the intersection. Regarding alcoholic beverages, Texaco would request the
sale of beer and wine from this facility.
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PC Minutes
-11-
1anuary 8, 1992
Commissioner Decker asked if the company policy prohibited sale of single cans of beer.
Mr. Madsen answered that company policy was to not sell beer from an iced container next to
the door. ABC governs the particular quantity that could be sold at one time. Singles would
be sold in the convenience store. ABC has placed the condition to not sell single items at
Texaco in some areas.
Commissioner Casillas felt the City had the authority to recommend to the ABC that a license
not be granted for the sale of alcohol, based on police information and saturation of the
neighborhood .
Commissioner Martin asked if the mini-mart would be open 24 hours a day. Mr. Madsen
answered affirmatively.
Commissioner Martin was concerned that when the car wash was closed, it would be a potential
meeting place. Mr. Madsen assured him that was not a problem at their other locations.
Commissioner Carson asked if the applicant agreed with all the conditions as listed. Mr.
Madsen answered affirmatively.
Jack Meng, 889 Red Bud Place, CV, owner of the 7-11 Store across Melrose Avenue, was
concerned with traffic increase, traffic pattern, and probable illegal turns into Texaco property;
growth that would take business away from existing businesses in the neighborhood; number of
existing businesses with liquor licenses; water conservation. He urged the Commissioners to
consider the project carefully, and submitted a letter to the Clerk to be flIed.
Answering Commissioner Casillas, Mr. Meng said Lucky's, Omar Liquor, and Scoreboard sold
liquor; the 7-11 Store had a beer license.
No one else wishing to speak, the public hearing was closed. Another speaker carne forward,
so Chair Fuller reopened the public hearing.
Patrick Fiedler, 2322 W. Third Street, Los Angeles 90057, representing Texaco, said much
study had gone into what type of impact the project would have on traffic. The condition to
widen the Melrose/Orange intersection was to improve circulation which was currently operating
at Level A, and would continue to operate at Level A after installation of the project. He
disagreed that cross-ever traffic would be a problem; that people would frequent a station closer
to their homes; the number of trips making a left turn on Melrose would be minimal. Regarding
water conservation, Mr. Fiedler said the project used low-flow fixtures and maintained a zero
net, as well.
No one else wishing to speak, the public hearing was closed.
7-S 7
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PC Minutes
-12-
January 8, 1992
Commissioner Casillas commented that the Planning Commission had requested a workshop on
issuance of liquor licenses, but had not yet attended one. He believed this was a good time to
begin dialogue with appropriate people in the City, in particular the Police Department. That
particular area was inundated with establishments which sold alcoholic beverages. He felt this
would be the appropriate place to begin and attach a condition prohibiting the sale of alcoholic
beverages at the mini-man. Otherwise, he was in favor of the project; it was well done and
would be an addition to the area and serve a legitimate function. He did not believe it furthered
the health and safety of the welfare of the people in the area to allow the sale of alcoholic
beverages.
MSUC (Casillas!Decker) 7-0 that based on the Initial Study and comments on the Initial
Stud)' and Mitigated Negative Declaration, rmd that this project will have no significant
environmental impacts and adopt the Mitigated Negative Declaration issued on 1S.91-22.
MS (Casillas/Decker) and that based on findings contained in Section HE. of the staff report,
adopt a motion to approve the request, PCC-9l-24, subject to Conditions 1 through 19, and
adding Condition 20 prohibiting the sale of alcoholic beverages on the premises.
Commissioner Tuchscher asked the radius of mailing of the notices. Mr. GriffIn answered that
it was a 500' notice.
Commissioner Tuchscher, referring to Condition 15, asked if the applicant was agreeable to
using 80% reclaimed water. The applicant concurred. Commissioner Tuchscher asked that an
amendment be made to the motion that Condition 15 read 80% reclaimed water shall be used
for all carwash application.
Chair Fuller asked if it was acceptable to the maker and second of the motion. Both were
agreeable.
Commissioner Tugenberg did not agree with Condition 20, because it would be equivalent of
spot wning. If the City generally had a law that said convenience stores could not sell alcoholic
beverages, he would agree. However, he did not believe this project should be penalized; the
fact there were already four purveyors of alcohol in the area should have no consequence--no
relationship to this applicant; the Commission should not construct monopolies or limit the
number. He could not support Condition 20.
Commissioner Decker asked the Assistant City Attorney if this was a legal condition to be
applied to the findings.
Assistant City Attorney Rudolf believed the City was preempted by State law; the City
previously had a role in limiting or conditioning the sale of alcoholic beverages, but no longer.
He asked that the applicant respond from their perspective.
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PC Minutes
-13-
January 8, 1992
In answer to Mr. Rudolf, Mr. Fiedler said he understood that legislation had been passed last
year, and added that they had filed an application and had a number of protests. The ABC, even
though they had been reduced in manpower, seemed to do a good job. Texaco would abide by
the rules ABC set forth. He asked that the Commission not vote against the project, and allow
the ABC ':0 do their job.
Assistant City Attorney Rudolfreplied that even assuming there was no State preemption, there
was still the perspective that the ABC was the license issuing authority, and the concerns of
Commissioner Casillas were the kinds of concerns the ABC considered in granting, denying, or
conditionally approving a license.
Mr. Rudolf suggested the Commission vote on Condition 20 separately.
Chair Fuller asked that the Commission entertain a motion to divide the question. The
Commission would vote on each item in turn.
Commissioner Martin was concerned that people would drink and drive. He would like to know
whether or not the Commission was charged with taking a position on this type of question; if
not, he wished to make a strong recommendation that someone take a good look at it.
Mr. Rudolf noted that possibly the Commission might word the motion so that Condition 20
would be to add a condition prohibiting the sale of alcoholic beverages, if the City is not
preempted by State [([W from doing so.
Chair Fuller asked if that was in agreement with the maker and second of the motion. Agreed.
Commissioner Martin was concerned with the traffic circulation, and the left-turn going east on
Orange. Senior Civil Engineer Ullrich noted that with the widening that would be required of
the project, he believed a .U" turn could be made into the driveway on Orange. It may require
revision to the intersection, adding another phase to the light.
Commissioner Decker pointed out that the Traffic Engineer constantly reviews all the
intersections, and as the level of service changes on those intersections, revisions are
recommended. If there were any appreciable changes, it would be an issue before the Safety
Commission.
Commissioner Martin was concerned with the location of the ingress and egress to the station
with a 7-11 across the street, and other businesses in the same area.
Commissioner Tugenberg commented that the intersection was operating at LOS A. With an
addition of 7' on Melrose and 6' on Orange, it would be improved with the addition of this
footage.
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PC Minutes
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January 8, 1992
RESTATEMENT OF MOTION:
Based on rmdin&s contained in Section "E" 01 the starr report, adopt a motion to approve
the request, PCC-91-24, subject to Conditions 1 throuah 19, with Condition 15 bein&
amended tc read "80% Ttclaime4 "'fileT shalJ be usdloT Q]] C4TWash operations," aDd addin&
Condition 20 prohlbLi.o& the sale 01 alcoholic bevera&e5 on the prroml...." on the condition
that It was Dot preempted by existin& State law.
VOTE:
2-5 (Commlc:.cioners Casillas aDd Decker .,oted lor; Carson, FuUer,
Martin, Tu&enber&, aDd Tuchscher qalnst) MOTION F/lD.F.Tl
MSC (Tu&enber&/Carson) 5-2 (Commlccioners Casillas and Martin qalnst) that based on
rmdin&s contained in Section "E" 01 the starr report, adopt a motlon to approve the request,
PCC-91-24, subject to Conditions 1 throu&h 19, with Condition 15 bein& amended to read
"80% reclaimed wfIleT shaII be used lOT Q]] carwash operations..
Chair Fuller commented that in light of the discussion held regarding the sale of alcohol, a
workshop be scheduled regarding addition of mini-market conversions with a report or someone
from the Police Department discussing this as a social issue or problem.
Commissioner Carson asked for further information from the Attorney as to whether or not this
was in the Commission's purview. Commissioner Casillas noted that someone from the alliance
of Ministers, and other interested parties in the community, might be included.
.'
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MINUTES OF A REGULAR MEETING OF THE
DESIGN REVIEW C~MMITTEE
Seotember 23. 1991
4:30 p.m.
Conference Rooms 2 and 3
A. ROLL CALL
MEMBERS PRESENT:
Chairperson Gilman, Vice Chair Alberdi,
Members Flach, Landers, Spethman.
STAFF PRESENT:
Associate Planner Luis Hernandez,
Assistant Planner Amy Wolfe.
B. INTRODUCTORY REKARJr:S
Chairperson Gilman made an opening statement explaining the
design review process and the committee's responsibilities.
She asked that all applicants sign in and identify themselves
verbally for the tape when speaking.
2 .
DRC-92-01
Texaco Service station
1498 Melrose Avenue
Gasoline Sales/Mini-market/Car Wash
Staff Presentation
Assistant Planner Amy Wolfe introduced the project, which
consists of the removal of all existing structures and
the installation of a 1,800 square foot mini-market with
gasoline islands and a 744 square foot car wash facility.
The site is located at the northwest corner of Orange and
Melrose Avenues. Ms. Wolfe described the site plan,
indicating that staff approved of the site design with
certain modifications, as listed in the staff report.
The building architecture was described appropriate for
the proposed use and well coordinated with the existing
adjacent commercial center, but lacking interesting
fenestration on the rear and side elevations of both the
car wash and the mini-market facility; therefore,
treatments to address this issue were recommended by
staff. Ms. Wolfe noted that the city Landscape
Architect had reviewed and conceptually approved the
landscaping plan; however, refinements such as increased
planter areas and the installation of a port-cochere have
been recommended for committee approval.
Ms. Wolfe discussed the proposed sign program, which
consists of freestanding and wall identification signs,
as well as gasoline price, and warning and instructional
signs. She stated that the maximum wall sign area
permi tted by ordinance was exceeded, and that staff
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DESIGN REVIEW COMMITTEE
-6-
SEPTEMBER 23. 1991
recommends included elimination of the two spanner panel
signs and the reduction of the canopy corporate signage
in order to bring the proposed signage into compliance,
as well as to enhance the appearance of the building and
signage.
Committee Ouestions
Chairperson Gilman asked about staff recommendations
regarding the rear elevation treatment; Ms. Wolfe
responded that the recommendation addressing building
fenestration applied to the rear elevation. Member Flach
asked if a traffic study had been conducted for this
area, stating that this was a dangerous intersection and
that a left-hand turn onto Melrose would be impossible;
he further stated that he could not approve this project
unless this issue was addressed. Ms. Wolfe stated that
the Traffic Engineering department had addressed
concerns in the Initial Study. Gilman inquired about the
spanner panels; Ms. Wolfe explained that removal was
recommended, for signage as well as design purposes.
.
,
Aoolicant Resoonse
Dave Mattson of Texaco stated that the proposed facility
a typical corporate design, and that a strong attempt had
been made to integrate the station with the existing
commercial center. Patrick Fiedler, Project Architect,
stated that he wanted to thank Ms. Wolfe for her work and
comments which were taken into consideration in achieving
the final design. Mr. Fiedler stated that he had no
problem with most of staff's recommendations; however, he
pointed out that the circulation was a result of
corporate study which had determined the optimum
configuration for the customer, and that driveways and
site design had been planned with this in mind. He
stated that windows on the rear of the car wash would be
problematic because of equipment and fire separation, and
that he would prefer to incorporate column elements.
Committee Discussion
Committee members discussed the site design and
circulation, as well as the trellis structure; it was
agreed that this structure's design could be handled by
staff.
MSC (Gilman/Alberdi) (4-1, Flach opposed) to adopt the
Mitigated Negative Declaration 91-22. Flach stated that
he had strong concerns about existing traffic problems in
this area, and that he felt that these problems should be
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DESIGN REVIEW COMMITTEE
-7-
SEPTEMBER 23. 1991
addressed by a traffic study included in the
environmental analysis.
MSC (Gilman/Alberdi) (4-1, Flach opposed) to approve DRC-
92-01 subject to the recommendations listed in the staff
report with the following modifications: "e" - car wash
doors shall be roll up doors, painted to match stucco;
"f" - front and rear spanner panels shall be a continuous
band incorporated under the canopy; "h" - modification
per staff sketch shall be incorporated for the front
elevation of the car wash only; "p.3" - the right and
left elevation canopy spanner panels shall be removed and
replaced with spanner panels to match the front and rear
elevations; "a" - modifications shall match the staff
sketch.
~-13
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St:IILment of disclosure of ce:rtain ownership interLslS. payments. or l'ampaign contributions, on ;.11 matl,'rs
wl1i,'11 will re:quirl' JiscTl.tiondry action on tl1.: p:.rt'lll till' City Council. I'I:lI1ning COlllmi"i<ln. ano all (
,,111,1:" ""oics. The follllwing infmmation must he: Jisd<lsLd:
THE CID ~'F CIJUL4 VISTA PARD' DISCLOSUJ,E STATEMENT
1. List the names of all pe:rscns having a financial interest m the contract. i.e., l'nntractur,
suhcontr;lctor, m:lle:rial supplier.
~YAr.n RF.~TNTNr. & MARKETING. INC.
If any person ide:ntifie:d purS\J:lI1t tn (J) :Ih()v.: is a cnrp,'r:l\L", "r partnership. Jistthe names of all
JJ1dl\'iuuals owning l110rL th:1J1 W':;- llf th.: sh:lres in the corporation or owning <Jny p:lrtnersh.ip
intere:st in the partnaship, ,(
Nn ~FR~nN nUNS MnRF. THAN 10% OF SHARES
:>, If any person identified pursuant to (I) above is non-profit organiz;lti()n or a trust. list the names
of any person serving as director of the non-profit org:lJ1iz:ltlnn or as trustee or beneficiar)' or
trustor oj the trust.
)JilT A'P'P1 Tr!J.'RT~
4, I-l:J\'e you had mor.: than 5250 worth of business transacted with dny member of the City staff,
B<l:lrds. COlllmissi<ll1S. Committee:s and Council within the past twelve months? Yes
\'1l...1L If yes. pk:lse indiC:lte pers<ln(s):
<
Pledse IdenlJ:~' l':lch :ll1d e\'L'Ty pers<ln. inrluding any :lgenls. t'ml'l<lyees. consultallls or inJepel1l1.:1Il
cpnlr:JClors who you h:lve :lssIgned III represl:nt you hdorc the City in this maller.
FRED FIEDLER & ASSOCIATES GARY ENGINEERING, INC.
2322 WEST THIRD STREET 4901 MORENA BLVD. SUITE 304
LOS ANGELES. CA 90057 (213) 381-7891 SAN DIEGO_ CA 92117 (619) 483-0620
ATT'N. : MR. PATRICK FIEDLER ATT'N. : MR. ROBERT G. FAUDOA JR.
H~\e you ilnd/ur your officers or agents, in the aggregate, contributed more than S 1.000 III a
c.lul1l'ilrnemher in the current or preceding election pcriDd'! Yes _ :'\0 -!. If yes, stat,' which
CllunciJmemher(s):
(,.
~ j, <kfJn,'u ;lS: "Am' Indm"dn.//,fl//II, ('(j'/'{/r1/l<nlii/',j'J/I/II'(,I/II1IC', "J.IOo./II0", Juei,Ii dllil.f;ntmltl/ organiz"lion, rorpo/(/Iillll,
.':il,/,', 11":/.\/. 1 ('(('B /'t, '\"!";':'I.',lll'. 1111.\ lalel any olh,'r {ouJlly. (liy fllld t'fJ//Illl~', d~\'. mtl1liCljJfili1.\, ,IiMricr or ot/u'l' politiail .Wh,/II"';"".
"1' ,;1.'.1" oi/:eT grollI' or ('m"hwtllioll anlll,:; '(~tllIllil."
I ,'OT~: ,\It~IL'h ;I!Jdilldn~d p;l~l..'., ~l'" nl'l.l........;lI'!)
. ;. \ D~...(.;.u~.~. ;".'\'11
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Sigllature IIf Clllltr:lrlnr!al'pli,':lnt
ROBERT G. FAUDOA n. PROJECT MANAGER
GARY ENGINEERING, INC. 4901 MORENA BLVD. 1304
l',il1l Ill' lYPl' n:1111e Ilf l'''I~tr:lrll'r,:I;'lrlir:lJ1l ,~/
SAN DIEGO CA 92117 (619) 483-0620 pl"",.I" ''''''''0'1
' /~
1),,1.': MArch 14. 1991
COUNCIL AGENDA STATEMENT
Item / tl
Meeting Date 6/1193
ITEM TITLE: Public Hearing: Conditional Use Permit PCC-93-10; Appeal of Zoning
Administrator approval of request to sell alcoholic beverages at proposed
mini-market at 1498 Melrose Avenue - Councilman Fox
Resolution J 7/3 i Affirming the decision of the Zoning
Administrator and thereby approving PCC-93-10
SUBMITTED BY: Director of Planning ;f!l{,
REVIEWED BY: City ManagerJ~ ~ ~ (4/5ths Vote: Yes_No.XJ
This item has been continued from the meetings of May 4 and May 25,1993. In each instance
the mailing list has been renotified of the new hearing date well before the meeting.
On January 7, 1993, the Zoning Administrator, in consultation with the Police Department,
conditionally approved an application by Texaco Refining and Marketing, Inc. to sell beer and
wine at a proposed mini-market at 1498 Melrose Avenue in the C-N zone. An appeal of the
Zoning Administrator's decision was filed by Councilman Fox on January 14, 1993.
The consideration of this appeal is contingent upon the approval of PCC-91-24, Texaco's
proposal for a mini-market and car wash at 1498 Melrose. PCC-91-24 is the preceding item
on the agenda.
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.
RECOMMENDATION: That Council adopt the resolution affirming the decision of the
Zoning Administrator and thereby approving PCC-93-1O.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
BACKGROUND:
In May of last year, Council postponed action on the Texaco mini-market and car wash
proposal in order to consider a local review and approval process for alcohol sales facilities
in C-N zones. On August 25, 1992 (Ordinance No. 2526), Council adopted a process which
requires a Zoning Administrator conditional use permit with a public hearing for all new
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Page 2, Item ) tl
Meeting Date 6/1/93
alcohol facilities in the C-N zone (see attached copy of CVMC Section 19.14.030(A)(6)).
Note: On April 20, 1993, Council adopted an urgency interim ordinance which also applies
this process to the expansion or modification of alcohol sales in the C- N zone. Staff was
directed to return with a permanent amendment within 60 days.
In addition to the normal findings required for a CUP, in the case of alcohol sales facilities,
the Zoning Administrator, in consultation with the Police Department, is required to find that
the proposal will not result in an overconcentration of such facilities. An overconcentration
may be found to exist based on the following factors:
I. The number and location of existing facilities;
2. Compliance with State Alcohol Beverage Control overconcentration standards
in effect at the time of project consideration;
3. The impact of the proposed facility on crime; and
4. The impact of the proposed facility on traffic volume and traffic flow.
The process also calls for the City Council to be informed of the Zoning Administrator's
decision, and the Councilor other interested party can appeal the matter directly to the City
Council for public hearing.
DISCUSSION:
The following discussion is taken from the Zoning Administrator's approval letter of January
7, 1993:
Neighboring residents and business people, as well as the Neighborhood Watch Block Captain,
have voiced concerns that an additional sales outlet for beer and wine will exacerbate an
already existing problem with minors and youth gangs loitering and drinking in the area, and
will also have an adverse impact on traffic. The immediate area presently contains a grocery
store, a convenience market and a liquor store which sell alcohol for off-premise consumption,
and a bar which serves alcohol for on-premise consumption.
Crime Statistics
The Police Department reviewed crime statistics for the immediate area and for the police beat
and census tract in which the property is located; the census tract being the geographic area
of measurement used by ABC to determine if an overconcentrated condition exists. The beat
officer for the area was also interviewed, and comparative data was obtained for a Texaco
mini-market with beer and wine sales at 1291 Third Avenue.
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Page 3, Item ) tJ
Meeting Date 6/1/93
The crime figures reveal that there were 70 crime occurrences, mostly petty thefts, within 1/10
mile radius of the site since January, 1992, which is fairly significant. The crime rate for the
police beat and census tract are 44% and 56% of the crime rate for the City as a whole, which
is well below the 120% rate commonly used to identify a high crime rate area. The recent
addition of a mini-market with beer and wine sales at the Texaco facility at 1291 Third Avenue
has not had an impact on the crime rate at that location. Beyond the statistics and comparative
data, however, the beat officer for the area confirms statements by the neighbors that the
existing liquor store and convenience market on Melrose A venue are hangouts for juveniles,
and that it is common practice for alcohol to be purchased for them at these two locations.
In reviewing Texaco's proposal with the Police Department, it was agreed that the Texaco
facility would likely be much less conducive to loitering and second party alcohol purchases
than the existing liquor store and convenience market because of the layout of the site. The
1,800 sq. ft. mini-market is proposed to be located on an "island" in the center of the site,
surrounded by gas service lanes, a car wash and circulation drives. There are no raised, paved
pedestrian areas adjacent to the market for juveniles to loiter or to waylay adult customers to
make alcohol purchases for them. The Police also noted that the "island" location maximizes
exposure and visibility for patrol purposes, and should discourage "beer runners" -- those who
grab beer and run from the store -- which were referred to by the operator of the neighboring
7/Eleven store.
The Police Department is also favorably impressed with Texaco's policies on alcohol sales,
which include an extensive and ongoing training and alcohol awareness program for employees
(see supplemental information submitted by Texaco). Employees are required to check the
identification of anyone purchasing alcohol regardless of their age, and signs are posted to this
effect at the register, on the coolers and on lapel pins worn by all store employees. No neon
or internally illuminated beer or wine advertising signs are allowed, and they do not offer
single can sales of beer. It was also noted by Texaco that they do not provide video games
on the premises, which discourages loitering by juveniles.
The Police Department concludes that although they may see additional calls for service from
this location, they do not believe it is likely that the facility will contribute to the problem of
juveniles loitering and drinking in the area and, therefore, they are not opposed to the issuance
of this permit. Nevertheless, they recommended that the situation should be monitored and
reviewed in order to ensure that the sales of beer and wine at this location is not contributing
to these or any other problems which would have an adverse impact on the neighborhood. As
a result, the permit has been conditioned upon review following one year of operation to
determine if problems or crime have increased as a result of the facility. It was further agreed
that additional conditions which would further discourage loitering and/or beer runners would
also be appropriate (see Conditions section).
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Page 4, Item J tJ
Meeting Date 6/1/93
Traffic
With respect to potential traffic problems, the City Traffic Engineer reports that the addition
of a mini-market and car wash will increase traffic in and out of the site by approximately 68
vehicles per day, from 1,012 ADT presently to approximately 1,080 ADT with implementation
of the project. This small additional amount of traffic is not expected to have an adverse
impact on traffic in the area. Further, this type of development generally attracts a large
percentage of trips from traffic already using the adjacent streets. According to regional traffic
studies, the actual number of new trips added to the surrounding circulation system may
amount to only 50% of the additional 68 in-and-out trips expected as a result of the project.
Finally, the availability of beer and wine in the mini-market is not expected to increase
patronage significantly when considered separately from the mini-market or the car wash, and
thus the trip generation for this proposal (beer and wine sales) will not be affected.
According to the City Traffic Engineer, the overall issue of traffic impacts should therefore be
considered in conjunction with Texaco's conditional use permit application to redevelop the
site with a mini-market and car wash, which is the preceding item on the agenda.
Concentration of Licenses
The State Department of Alcoholic Beverage Control determines that an overconcentration of
alcohol sales facilities exists when the ratio of licenses to population for the census tract
exceeds the ratio for the county as a whole. The site at 1498 Melrose is within a census tract
wherein the optimum number of licenses is nine and the number of licenses already issued is
eight. Therefore, the issuance of a license to Texaco would not result in an overconcentration
of facilities according to the ABC standard.
One of the four factors which may be considered by the Zoning Administrator in determining
if an overconcentration of facilities exists is the number and location of existing facilities in
an area. This factor may consider the impact on the character or "image" of an area (which
may include the issue of loitering as discussed above) rather than from more measurable
consequences such as crime rates, traffic impacts or the quantitative standards used by the
ABC. In this instance, the sale of alcoholic beverages will be only one of many products
offered for sale by the Texaco mini-market, and the same is true of the grocery store and the
convenience market. Thus of the existing four and potentially five alcohol sales facilities in
the immediate area (including the bar), only two -- the liquor store and bar -- offer alcoholic
beverages as their primary product. Consequently, it is not believed that the approval of
Texaco's application will contribute to any real or perceived degradation of neighborhood
character resulting from an overconcentration of establishments primarily involved in the sale
of alcohol.
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Page 5, Item / tJ
Meeting Date 6/1/93
Based upon these factors, the Zoning Administrator approved the permit subject to the
following conditions.
CONDITIONS:
I. This permit shall not become valid or effective unless and until Conditional Use Permit
PCC-91-24 is approved to establish a mini-market on the property.
2. There shall be no video games associated with the operation.
3. A complete exterior lighting plan shall be submitted for review and approval by the
Director of Planning prior to issuance of building permits. The plan shall be designed
so as to provide uniform lighting and avoid shadow areas adjacent to the facility, but
also avoid glare onto adjacent residential areas.
4. There shall be no advertising or promotional signs for beer and wine visible from the
exterior of the store.
5. Landscaped areas adjacent to the building shall contain plant materials which discourage
human contact.
6. Beer and wine shall only be displayed in cooler #'s 9, 10 and 11 and a maximum 25
sq. ft. floor display area as shown on the floor plan submitted with the application.
There shall be no other permanent or temporary promotional displays of alcoholic
beverages. If the floor display area should attract "beer runners", it shall be removed
at the sole discretion and direction of the Zoning Administrator in consultation with the
Police Department.
7. Any outside pay phone shall be incapable of receiving incoming calls. Should such a
pay phone attract loitering or otherwise be overused by juveniles, it shall be removed
at the sole discretion and direction of the Zoning Administrator in consultation with the
Police Department.
8. The conditional use permit shall be approved for a period of one year following the
issuance of a certificate of occupancy. At the end of that time, the permit shall be
reviewed to determine whether the sale of alcoholic beverages has exacerbated the
problems with minors loitering or drinking in the area or has led to an increase in the
number of reported crimes, in which case the permit shall be reconsidered for possible
inclusion of additional conditions or for revocation.
9. This permit shall be subject to any and all new, modified, or deleted conditions imposed
after approval of this permit to advance a legitimate governmental interest related to
/ P~.s-
Page 6, Item~
Meeting Date 6/1/93
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 or condition, may not
impose a substantial expense or deprive permittee of a substantial revenue source which
the permittee cannot, in the normal operation of the use permitted, be expected to
economically recover.
10. 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.
FISCAL IMP ACT: Not applicable.
Attachments
J Resolution
Locator
Project plans
~Q Appeal form/statement
Zoning Administrator approval letter, January 7, 1993
Memo from Police Department, October 14, 1992
Notes from phone conversation with
~ Neighborhood Watch Block Captain, October 5, 1992
E--t Minutes of Zoning Administrator hearing, October I, 1992
o Written comments from public
Z Supplemental information submitted by Texaco
CVMC Section 19.14.030(A)(6)
Disclosure statement
WPC F:\home\planning\850.93
II);~
RESOLUTION NO. /71 J '/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AFFIRMING THE DECISION OF THE
ZONING ADMINISTRATOR AND THEREBY APPROVING
THE ISSUANCE OF CONDITIONAL USE PERMIT PCC-
93-10 FOR BEER AND WINE SALES AT 1498 MELROSE
AVENUE
WHEREAS, a duly verified application for a conditional use permit in accordance with
Section 19.34.030(H) of the Chula Vista Municipal Code was filed with the Planning Department
of the City of Chula Vista on September 15, 1992, by Texaco Refining and Marketing, Inc., and
WHEREAS, said application requested approval to sell beer and wine at a proposed
Texaco mini-market at 1498 Melrose Avenue in the CoN zone, and
WHEREAS, the Zoning Administrator set the time and place for a hearing on said
conditional use permit application, PCC-93-1O, 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 3:00 p.m.,
October 1, 1992, in Conference Rooms 2 and 3, Public Services Building, 276 Fourth Avenue,
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 conditionally approved conditional use permit 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, Councilman Robert P. Fox filed an appeal of the
Zoning Administrator's decision on PCC-93-1O in accordance with the provisions of CVMC
Section 19.14.030(A)(6), and
WHEREAS, the City Clerk set the time and place for a hearing on said appeal 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 ten days prior to the hearing, and
/~- /
Resolution No.
Page 2
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.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL hereby finds as
follows:
1. 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.
Beer and wine are products which are widely purchased by the public and which are
normally available in all grocery and convenience markets. The C-N zone is specifically
designed to provide convenience shopping for the surrounding neighborhood areas.
Absent a finding of overconcentration or other adverse impact, the availability of beer and
wine among the other products available at the Texaco mini-market is considered a
desirable convenience for those in the surrounding areas who patronize the Texaco facility.
2. 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
over concentration of such facilities.
The location of the mini-market in the central portion of the site, surrounded by
circulation drives and with no exclusive pedestrian areas adjacent to the building, will
discourage the loitering and second party alcohol purchases which have been a concern
in the area. The proposal as conditioned is not expected to have an adverse impact on
crime or traffic and will not result in an overconcentration of alcohol sales facilities in
terms of ABC standards or in terms of negatively affecting the character of the area by
a proliferation of businesses primarily dealing with alcoholic beverages.
3. That the proposed use will comply with the regulations and conditions specified in
the code for such use.
The use shall be required to comply with all applicable codes, conditions and regulations
prior to occupancy and on a continuing basis thereafter. The permit has been approved
for an initial one year period in order to provide for monitoring and review and to ensure
that the sale of beer and wine has not had an unforeseen adverse impact on the area.h
/t',r
Resolution No.
Page 3
4. 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 granting of the permit would not affect the General Plan or any other adopted plan
or policy.
BE IT FURTHER RESOLVED THAT THE CITY COUNCIL hereby affirms the decision
of the Zoning Administrator and approves PCC-93-1O subject to the following conditions:
1. This permit shall not become valid or effective unless and until Conditional Use Permit
PCC-91-24 is approved to establish a mini-market on the property.
2. There shall be no video games associated with the operation.
3. A complete exterior lighting plan shall be submitted for review and approval by the
Director of Planning prior to issuance of building permits. The plan shall be designed so
as to provide uniform lighting and avoid shadow areas adjacent to the facility, but also
avoid glare onto adjacent residential areas.
4. There shall be no advertising or promotional signs for beer and wine visible from the
exterior of the store.
5. Landscaped areas adjacent to the building shall contain plant materials which discourage
human contact.
6. Beer and wine shall only be displayed in cooler #'s 9, 10 and 11 and a maximum 25 sq.
ft. floor display area as shown on the floor plan submitted with the application. There
shall be no other permanent or temporary promotional displays of alcoholic beverages.
If the floor display area should attract "beer runners", it shall be removed at the sole
discretion and direction of the Zoning Administrator in consultation with the Police
Department.
7. Any outside pay phone shall be incapable of receiving incoming calls. Should such a pay
phone attract loitering or otherwise be overused by juveniles, it shall be removed at the
sole discretion and direction of the Zoning Administrator in consultation with the Police
Department.
8. The conditional use permit shall be approved for a period of one year following the
issuance of a certificate of occupancy. At the end of that time, the permit shall be
It',. i
Resolution No.
Page 4
reviewed to determine whether the sale of alcoholic beverages has exacerbated the
problems with minors loitering or drinking in the area or has led to an increase in the
number of reported crimes, in which case the permit shall be reconsidered for possible
inclusion of additional conditions or for revocation.
9. This permit shall be subject to any and all new, modified, or deleted conditions imposed
after approval of this permit 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 or condition, may not impose
a substantial expense or deprive permittee of a substantial revenue source which the
permittee cannot, in the normal operation of the use permitted, be expected to
economically recover.
10. 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.
Robert Leiter, Director of Planning
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Presented by
Bruce Boogaard, City Atto e
WPC F:'I1ome'l'lanning\S53.93
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City of Chula Vista
Planning Department
Date Received
Fee Paid
Receipt No.
Case No:
Appeal Form
CJ Phnning CI Design Review
Commission Committee
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To: Planning Department
Do Not Wri te In This Space
Date Appeal Filed:
Case No:
Date of decision:
Receipt No:
The above matter has been scheduled for public hearing before the:
Planning Commission City Council on
rlanning Commissi~n Secretary City Clerk
(This form to be filed in triplicate.)
PL-60
, Rev. 12/83
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THE CITY OF CHUU. J-7STA PARTY DISCLOSURE STATEMENT
Statement of disclosure of certain ownership interests, payments, or campa:ign contributions, On all math
which will require discretionary IIction on the pan of the City Council, Planning Commission, and all other
official bodies. The following information must be disclosed:
1. Ust the names of .n persons having II financial interest in the contract, i.e., contractor,
sUbcontracto/t;~~al supplier.
If' any person identified pursuant to (1) above Is' a corporation or partnership, list the names of all
individuals owning more than 10% of the shares in the corporation or owning any partnership
interest in the partnership.
11/r}(V'<
.
If any person identified pursuant to (1) above is non-profit organization or a trust, list the names
of any person serving as director of the non-profit organization or as trustee or beneficiary or
trustor of 1.h~ trust.
IVO>AI~
Have you had more than $250 worth of business transacted with any member of the City staff,
Boarc{sl Commissions, Committees and Council within the pastlWelve months? Yes_
No J If yes, please indicate person(s);
Please identify each and every person, including any agents, employees, consultants or independent
con;r~~hO you have assigned to represent you before the City in this matter.
Have you and/or your officers or agents, in the aggregate, contributed ~re than $1,000 to a
Councilmember in the current or preceding election period? Yes _ No A If ycs, state whi<:h
Councilmember(s);
Pc,s"n is defined as: "An)' individll(lI,j1rm, co.panner"ilip,joifll venlure, anociarion, social club./rmel1la! ol'[;anizarion, corporalion,
e,Wle, /nISI, reccil'er, 1)'ndiclIfe, '''is (lnd an)' OIlier C"""Iy, cil)' (lnd cOlln",~ dl)', nlllllicip(llil}', district or OIlIer pOlilic,,! slIbdil'/sioll,
ur (III)' other t:roup or combination aCling as n Imit."
(NOTE:
D;lh:::
Allach IIddilional pagcs as necessary)
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Signature of contrilctor/applipull ,
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Print or type name of contractor/applicant
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CIlY OF
CHULA VISTA
PLANNING DEPARTMENT
January 7, 1993
Texaco Refining and Marketing, Inc.
9966 San Diego Mission Road
San Diego, CA 92108
Attention: Dave Mattson
SUBJECT: Conditional Use Permit PCC-93-10; request to sell alcoholic bevera~es at
a proposed mini-market with gasoline sales and car wash at 1498 Melrose
Avenue
The Zoning Administrator has considered your request to sell alcoholic beverages (beer
and wine) at a proposed new mini-market with gasoline sales and car wash at 1498
Melrose Avenue in the CoN Neighborhood Commercial zone. A Zoning Administrator
public hearing was noticed and held on October 1, 1992, and written comments have
been received and considered from the Police Department, the City Traffic Engineer and
interested members of the public. Comments have also been solicited from the
Neighborhood Watch Block Captain for the area.
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 SF of the City of Chula Vista
Environmental Review Procedures.
The application has been considered under the provisions of Chapter 19.14.030(A)(6) of
the Chula Vista Municipal Code, which requires, in part, that the Zoning Administrator
find that the approval of the permit will not result in an overconcentration of alcohol
sales facilities. An overconcentration may be found to exist based on the following
factors:
1. The number and location of existing facilities;
2. Compliance with State Alcohol Beverage Control overconcentration
standards in effect at the time of project consideration;
3. The impact of the proposed facility on crime; and
4. The impact of the proposed facility on traffic volume and traffic
flow.
/C)-I/
276 FOURTH AVEtCHULA VISTA CALIFORNIA 9191011619) 691.5101
']---
/""
Conditional Use Permit PCC-93-1O
Page 2
January 7, 1993
Discussion
Neighboring residents and business people, as well as the Neighborhood Watch Block
Captain, have voiced concerns that an additional sales outlet for beer and wine will
exacerbate an already existing problem with minors and youth gangs loitering and
drinking in the area, and will also have an adverse impact on traffic. The immediate
area presently contains a grocery store, a convenience market and a liquor store which
sell alcohol for off-premise consumption, and a bar which serves alcohol for on-premise
consumption.
The Police Department reviewed crime statistics for the immediate area and for the
police beat and census tract in which the property is located; the census tract being the
geographic area of measurement used by ABC to determine if an overconcentrated
condition exists. The beat officer for the area was also interviewed, and comparative
data was obtained for a Texaco mini-market with beer and wine sales at 1291 Third
Avenue.
The crime figures reveal that there were 70 crime occurrences, mostly petty thefts, within
1/10 mile radius of the site since January, 1992, which is fairly significant. The crime
rate for the police beat and census tract are 44% and 56% of the crime rate for the City
as a whole, which is well below the 120% rate commonly used to identify a high crime
rate area. The recent addition of a mini-market with beer and wine sales at the Texaco
facility at 1291 Third Avenue has not had an impact on the crime rate at that location.
Beyond the statistics and comparative data, however, the beat officer for the area
confirms statements by the neighbors that the existing liquor store and convenience
market on Melrose Avenue are hangouts for juveniles, and that it is common practice
for alcohol to be purchased for them at these two locations.
In reviewing Texaco's proposal with the Police Department, it was agreed that the
Texaco facility would likely be much less conducive to loitering and second party
alcohol purchases than the existing liquor store and convenience market because of the
layout of the site. The 1,800 sq. ft. mini-market is proposed to be located on an "island"
in the center of the site, surrounded by gas service lanes, a car wash and circulation
drives. There are no raised, paved pedestrian areas adjacent to the market for juveniles
to loiter or to waylay adult customers to make alcohol purchases for them. The Police
also noted that the "island" location maximizes exposure and visibility for patrol
purposes, and should discourage "beer runners" - those who grab beer and run from
the store - which were referred to by the operator of the neighboring 7/Eleven store.
The Police Department is also favorably impressed with Texaco's policies on alcohol
sales, which include an extensive and ongoing training and alcohol awareness program
/ t/)-..20
-- y-
CITY OF CHULA VISTA
Conditional Use Permit PCC-93-10
Page 3
January 7,1993
for employees. Employees are required to check the identification of anyone purchasing
alcohol regardless of their age, and signs are posted to this effect at the register, on the
coolers and on lapel pins worn by all store employees. No neon or internally
illuminated beer or wine advertising signs are allowed, and they do not offer single can
sales of beer. It was also noted by Texaco that they do not provide video games on the
premises, which discourages loitering by juveniles.
The Police Department concludes that although they may see additional calls for service
from this location, they do not believe it is likely that the facility will contribute to the
problem of juveniles loitering and drinking in the area and, therefore, they are not
opposed to the issuance of this permit. Nevertheless, they recommended that the
situation should be monitored and reviewed in order to ensure that the sales of beer and
wine at this location is not contributing to these or any other problems which would
have an adverse impact on the neighborhood. It was further agreed that additional
conditions which would further discourage loitering and/ or beer runners would also be
appropriate (see Conditions section).
With respect to potential traffic problems, .the City Traffic Engineer reports that the
addition of a mini-market and car wash will increase traffic in and out of the site by
approximately 150 vehicles per day, from 750 AD!' presently to approximately 900 ADT
with implementation of the project. This small additional amount of traffic is not
expected to have an adverse impact on traffic in the area. Further, this type of
development generally attracts a large percentage of trips from traffic already using the
adjacent streets. According to regional traffic studies, the actual number of new trips
added to the surrounding circulation system may amount to only 50% of the additional
150 in-and-out trips expected as a result of the project. Finally, the availability of beer
and wine in the mini-market is not expected to increase patronage significantly when
considered separately from the mini-market or the car wash, and thus the trip generation
for the project will not be affected.
According to the City Traffic Engineer, the overall issue of traffic impacts should
therefore be considered in conjunction with Texaco's conditional use permit application
to redevelop the site with a mini-market and car wash, which is currently on appeal by
Council pending the resolution of the alcohol sales issue.
The State Department of Aleoholic Beverage Control determines that an
overconcentration of alcohol sales facilities exists when the ratio of licenses to population
for the census tract exceeds the ratio for the county as a whole. The site at 1498 Melrose
is within a census tract wherein the optimum number of licenses is nine and the number
of licenses already issued is eight. Therefore, the issuance of a license to Texaco would
not result in an overconcentration of facilities according to the ABC standard.
/tfr;2 /
"J/
/'
CITY OF CHULA VISTA
Conditional Use Permit PCC-93-10
Page 4
January 7, 1993
One of the four factors which may be considered by the Zoning Administrator in
determining if an overconcentration of facilities exists is the number and location of
existing facilities in an area. This factor may consider the impact on the character or
"image" of an area (which may include the issue of loitering as discussed above) rather
than from more measurable consequences such as crime rates, traffic impacts or the
quantitative standards used by the ABC. In this instance, the sale of alcoholic beverages
will be only one of many products offered for sale by the Texaco mini-market, and the
same is true of the grocery store and the convenience market. Thus of the existing four
and potentially five alcohol sales facilities in the immediate area (including the bar), only
two - the liquor store and bar - offer alcoholic beverages as their primary product.
Consequently, it is not believed that the approval of Texaco's application will contribute
to any real or perceived degradation of neighborhood character resulting from an
overconcentration of alcohol sales establishments.
Findinl;s
Based upon review of the project proposal, site plan and conditions in the vicinity, and
in consideration of the written comments, public testimony and other information
received on the application, the Zoning Administrator finds as follows:
1. fhat 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.
Beer and wine are products which are widely purchased by the public and which
are normally available in all grocery and convenience markets. The CoN zone is
specifically designed to provide convenience shopping for the surrounding
neighborhood areas. Absent a finding of overconcentration or other adverse
impact, the availability of beer and wine among the other products available at
the Texaco mini-market is considered a desirable convenience for those in the
surrounding areas who patronize the Texaco facility.
2. 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.
The location of the mini-market in the central portion of the site, surrounded by
circulation drives and with no exclusive pedestrian areas adjacent to the building
will discourage the loitering and second party alcohol purchases which have been
a concern in the area. The proposal as conditioned is not expected to have an
/ f}- 22,
__ID ~
CITY OF CHULA VISTA
Conditional Use Permit PCC-93-10
Page 5
January 7,1993
adverse impact on crime or traffic and will not result in an overconcentration of
alcohol sales facilities in terms of :ABC standards or in terms of negatively
affecting the character of the area by a proliferation of businesses primarily
dealing with alcoholic beverages.
3. .That the proposed use will comply with the regulations and conditions
specified '.n the code for such use.
The use shall be required to comply with all applicable codes, conditions and
regulations prior to occupancy and on a continuing basis thereafter. The permit
has been approved for an initial one year period in order to provide for
monitoring and review and to ensure that the sale of beer and wine has not had
an unforeseen adverse impact on the area.
4. 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 granting of the permit would not affect the General Plan or any other
adopted plan or policy.
Conditions
1. This permit shall not become valid or effective unless and until Conditional Use
Perrnit PCC-91-24 is approved to establish a mini-market on the property.
2. There shall be no video games associated with the operation.
3. A complete exterior lighting plan shall be submitted for review and approval by
the Director of Planning prior to issuance of building permits. The plan shall be
designed so as to provide uniform lighting and avoid shadow areas adjacent to
the facilitj, but also avoid glare onto adjacent residential areas.
4. There shall be no advertising or promotional signs for beer and wine visible from
the exterior of the store.
5. Landscaped areas adjacent to the building shall contain plant materials which
discourage human contact.
6. Beer and wine shall only be displayed in cooler #'s 9, 10 and 11 and a maximum
25 sq. ft. floor display area as shown on the floor plan submitted with the
application. There shall be no other permanent or temporary promotional
)/J..,) .3
. I ----
.--- {
CITY OF CHULA VISTA
Conditional Use Permit PCC-93-10
Page 6
January 7, 1993
displays of alcoholic beverages. If the floor display area should attract "beer
runners", it shall be removed at the sole discretion and direction of the Zoning
Administrator in consultation with the Police Department.
7. Any outside pay phone shall be incapable of receiving incoming calls. Should
such a pay phone attract loitering or otherwise be overused by juveniles, it shall
be removed at the sole discretion and direction of the Zoning Administrator in
consultation with the Police Department.
8. The conditional use permit shall be approved for a period of one year following
the issuance of a certificate of occupancy. At the end of that time, the permit
shall be reviewed to determine whether the sale of alcoholic beverages has
exacerbated the problems with minors loitering or drinking in the area or has led
to an increase in the number of reported crimes, in which case the permit shall
be reconsidered for possible inclusion of additional conditions or for revocation.
9. This permit shall be subject to any and all new, modified, or deleted conditions
imposed after approval of this permit 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 or conJition, may not impose a substantial expense or deprive
permittee of a substantial revenue source which the permittee cannot, in the
normal operation of the use permitted, be expected to economically recover.
10. 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.
You have the right to appeal this decision to the City Council. A completed appeal form
along with a fee of $175.00 must be received by this office within ten days of the date
of this letter. Forms are available from the Planning Department. In the absence of an
appeal by any party in interest, including the City Council, the decision of the Zoning
Administrator is final. .
)tJ/.21
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CITY OF CHULA VISTA
Conditional Use Permit PCC-93-10
Page 7
January 7, 1993
Four copies of a Notice of Exemption from environmental review have been filed with
the County Clerk. The Clerk will mail three to us and we will forward one to you.
teve Griffin, A.I.C.P.
Principal Planner
Acting Zoning Administrator
cc: Bob Leiter, Director of Planning
Rick Emerson, Chief of Police
Ken Larsen, Director of Building and Housing
Bruce Boogaard, City Attorney
Dick Foster, Code Enforcement
Doug Reid, Environmental Review Coordinator
Attachment
Site and floor plan
WPC F:\home\planning\410.92
"
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CITY OF CHULA VISTA
INTERDEPARTMENTAL CORRESPONDENCE
RECEIVEQ
OCT 1 5 1992
PLII.o..:~:.o..:G
DATE:
TO:
VIA:
FROM:
October 14, 1992
Bob Leiter, Director of P1annf)~J~
Rick Emerson, Chief of po1ic~
Merlin L. Wi~ Lieutenant, Investigation
Division
SUBJECT:
Police Input on Conditional Use Permit for Alcohol
Sales at 1498 Melrose Avenue
The Chu1a vista Police Department is sensitive to the community
and their concerns involving the sale of alcohol, proliferation
of licenses to dispense alcohol and the crime rate. It is the
police department's position to protest the sale of alcohol if it
adversely impacts the health, safety and welfare of a
neighborhood or aggravates an existing police problem.
The police department looked at this area very carefully as it
relates to crime, arrests and undue concentration of alcoholic
beverage licenses.
The crime
below the
beat (27)
120%.
rate on the census tract (13304) is 55.6%, which is
accepted level of 120%. The crime rate on the police
is 43.6%, which is also below the accepted level of
Off sale beer and wine licenses allowed in the census tract are
four (4); total at present time is two (2).
Criminal activity was examined within a 0.1 mile radius of 1498
Melrose Avenue January 1 through September 21, 1992, and the
following statistics were compiled. There was a total of 70
crimes and 22 arrests within this location. The predominant
crime was Petty Theft, with a total of 27. The following crimes
make up the balance of the total.
7 Vandalism
5 Assaults
3 Vehicle Thefts
3 Grand Thefts
3 Robberies
3 Missing Juveniles
2 Assault W/Deadly Weapon
2 Resisting Arrests
2 Burglaries
1 Obstruct/Resisting an Officer
1 Tampering with a Vehicle
1 Annoying/Molest Children
1 Theft of Personal Property
1 Throwing substance at a Vehicle
1 Domestic Violence
7 Courtesy Reports/Lost Articles
/ j " ;2 6
It..{ /
./
Conditional Use Permit for Alcohol Sdles
Page 2
We also looked at the location itself, 1498 Melrose Avenue. We
found that in 1992 there have been five (5) crime incidents, none
of major significance.
1 Arrest
1 Detention
3 Field Interviews
Located across the street at 1475 Melrose Avenue is a 7/Eleven.
comparative data as follows:
2 Burglaries
1 Robbery
2 Assaults
1 Petty Theft
2 Arrests
comparative data was analyzed for the Texaco gas station located
at 1291 Third Avenue. This location is similar, selling beer,
wine coolers, and is equipped with a car wash. Comparative data
as follows:
No activity at 1291 Third Avenue since December of 1991. During
1991 there were the six (6) crime related incidents, three (3)
arrests, and three (3) crime reports. As you can see by this
data, there was no impact with licensing of this location.
Information and feedback were solicited from beat officers on /
whether there would be any impact from alcohol sales at this
premises.
Officer Cervantes, who also shops in the neighborhood, responded
with his view and that of the Neighborhood Watch group:
* There are presently three (3) locations in close
proximity that sell alcohol.
* Two (2) of these locations, Bobar Liquor, 289 East
Oran~e, and the 7/Eleven, 1475 Melrose, are hangouts
for Juveniles.
* Officer Cervantes has worked with the Neighborhood
Watch group and has given talks at Rohr Elementarr
School. Comments from juveniles reveals that it 1S
common practice for alcohol to be purchased for them
at the above two (2) locations.
Officer Cervantes and the Nei~hborhood Watch strongly
object to another location wh1ch sells alcoholic
beverages.
*
/il--;2 '/
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Conditional Use Permit for Alcohol Sales
Page 3
Texaco's policy on sale of alcohol provides a very extensive
ongoing training program and alcohol awareness program for their
employees. Employees are required to check identification on
everyone who wants to purchase alcohol regardless of their age.
Texaco's policy prohibits video games on the premises, thus
eliminating loitering. Texaco does not offer singular sales of
alcoholic beverages. However, a customer can remove one can of
beer from a six pack and make the purchase.
From a police perspective, we ~ see additional calls for
service from this location, but we believe that this would not
create an adverse impact on our service.
JtJ /.J-lf /' I~' -
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. ..
CHULA VISTA POLICE DEPARTMENT
CRIME ANALYSIS UNIT
DATE: October 6, 1992 RFU 92-133
TO: M. Wilson~cting Investigative captain
FROM: Barbara Brookover ~
SUBJECT: criminal Activity at 1475 Melrose Avenue
January 1 through september 21, 1992
Per your request, following are crime related incidents that
occurred at the address of 1475 Melrose Avenue for the time
period January 1 through September 21, 1992. During the study
period, there were thirteen (13) crimes, two (2) arrests and one
(1) field interview that took place at the specified address.
CRIMES
Violation Number
459 PC Burglary 2
211 PC Robbery 1
243A PC Battery 2
488 PC Petty Theft 8
Total 13
ARRESTS
Violation Number
211 PC Robbery 1
487E PC Grand Theft 1
Total 2
FIELD INTERVIEWS
Crime potential Number
12031 PC Weapon 1
Total 1
If you have any questions or need additional information, please
contact the Crime Analysis Unit.
)t!),~ I
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CRIMINAL ACTIVITY WITHIN A 0.1 MILE RADIUS OF 1498 MELROSE AVENUE
JANUARY 1 THROUGH SEPTEMBER 21, 1992
CRIMES
Offense Description Occurrences
488 PC Petty Theft 27
Miscellaneous/courtesy Report,
Lost Articles 7
594B4 PC Vandalism 7
243A PC Battery 5
10851 VC Vehicle Theft 3
487.1 PC Grand Theft 3
211 PC Robbery 3
911000 ZZ Missing Juvenile 3
148 PC Resist Public Officer 2
245A1 PC Assault w/deadly Weapon 2
459 PC Burglary 2
69 PC Obstruct/Resist Officer 1
10852 VC Vehicle Tampering 1
647.6 PC Annoy/Molest Children 1
484A PC Theft:Personal Propertr 1
23110A VC Throw Substance at Veh~cle 1
13730 PC Domestic Violence 1
TOTAL 70
ARRESTS
594B4 PC Vandalism 4
666 PC Petty Theft w/Prior 3
23152A VC DUI 3
488 PC Petty Theft 2
484A PC Theft: Personal Property 2
211 PC Robbery 2
69 PC Obstruct/Resist Officer 1
487E PC Grand Theft: Dog 1
148 PC Resist Public Officer 1
242 PC Battery 1
459 PC Burglary 1
Detention 1
TOTAL 22
FIELD INTERVIEWS
415 PC Disturb the Peace 3
10851 VC Vehicle Theft 3
245A PC Assault w/Deadly Weapon 3
594 PC Vandalism 2
488 PC Petty Theft 1
314.1 PC Indecent Exposure 1
12031 PC Carry Loaded Firearm in Public 1
11364 HS Poss. Cont. Subst. Paraphernalia 1
Gangs 1
TOTAL 16
/tJ/30
........1 $ /
October 5, 1992
TO: steve Griffin
FROM: Ann Pedder Pease
SUBJECT: Phone conversation with Neighborhood Watch Block Captain
re: PCC-93-10 - Sale of beer and wine at Texaco Station,
1498 Melrose Ave.
Lt. Merlin Wilson gave me the name and phone number of Veronica
Eberly (585-3451) and I spoke with her today. She impressed me as
knowledgeable and concerned, and had some very reasoned comments.
She expressed opposition to the proposed use, citing current
problems with gang members hanging out in the neighborhood" and the
fear that one more outlet for beer and wine would make the corner
that much more attractive. I suggested that a gas station/mini-
mart didn't sound like the sort of place where prople would want to
"hang out". She strongly disagreed, describing a scenario where
gang members have plenty of room to "kick", within easy reach of
pay phones to respond to their beepers, with clear visibility to
watch for rival "gang-bangers" invading their turf, and, with the
granting of the CUP, a ready supply of new people to buy their beer
for them. She described these gang members with great
specificity: This particular corner is loosely considered the turf
of the FCW (Four Corners of the World) gang, (a racially and
ethnically mixed gang) most of whom are aged 14-16 and live in the
Playmore Condos on Otay Valley Rd. They typicaly ride bikes, like
gas stations because there's more room for their bikes, deal drugs
and commit petty theft. Not being primarily hispanic, unlike
their rivals, the Del Sols, they don't usually defend their turf,
but most of them do carry guns. She implied that, if the corner
becomes more attractive, from their perspective, it would be only
a matter of time before the Del Sols or another gang moved in, with
shootings and drive-bys not far behind.
She said she would drop off a letter to support her point of view,
and would mention the issue to other people who had not previously
contacted us. She suggested that, if we wanted more information
on gang activity in this area, there were several people we could
talk to. She gave me the names of Juan Cervantes with the Police
Department, Judge ROdriguez and Daniel Small, who runs an
intervention program and is about as informed as anyone on the
subject of gangs.
I am planning on stopping by to see Daniel Small on my own time,
and I will pass along any pertinent information I get on the above
subject.
jv-3/
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MINUTES OF A ZONING ADMINISTRATOR HEARING
PCC-93-10
October 1. 1992
3:00 p.m.
Conference Rooms 2 & 3
PROJECT:
PCC-93-10, Off-site Alcohol Sales at 1498 Melrose
Avenue
STAFF PRESENT:
senior Planner Steve Griffin
Lieutenant Merlin Wilson, Police Department
Planning Technician Ann Pedder Pease
Planning Technician Patty Nevins
Pro;ect Introduction - PCC-93-10
Senior Planner Steve Griffin introduced himself and stated that he
would be acting as the zoning Administrator. He advised those
present that this hearing was a result of a new process initiated
by the city council in which a conditional use permit is required
for off-site alcohol sales operations located wi thin the C-N
(Neighborhood Commercial) zone. He reviewed the findings necessary
for approval of the alcohol sales, stating that the issues must be
related to the alcohol sales and advising that Lt. Merlin Wilson of
the Police Department was also present to answer questions.
Mr. Griffin explained Texaco's overall proposal, which consists of
a remodel to the existing site at the northwest corner of Melrose
and Orange Avenue for the purpose of adding a carwash and mini-
mart; the mini-mart operations will include the sale of beer and
wine. It was noted that Texaco I s proposal had originally been
heard by the City Council, but was currently on hold pending
hearings related to the alcohol sales. Mr. Griffin then presented
and explained the site and floor plan for the proposed operations.
ADDlicant Presentation
Dave Mattson of Texaco stated that the original 'conditional use
permit application for this proposal had been filed in 1990. He
reviewed the steps that Texaco had followed in applying for the
proposed expansion and operations, and stated that in response to
concerns about the alcohol sales, Texaco had very strict policies
related to this issue. Mr. Mattson stated that Texaco recognizes
the responsibility inherent in alcohol sales, and that Texaco
policies and practices relating to alcohol sales are much more
restrictive than the law requires, adding that Texaco had received
commendations for their alcohol-related policies. Mr. Mattson
stated that this mini-mart was for the convenience of customers who
/ tJ - :3;)....
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ZA HEARING. PCC-93-10
-2-
OCTOBER 1. 1992
would likely purchase alcohol as a matter of convenience while
visiting the site for gas or a carwashi he did not feel that a
service station would be a likely destination for customers leaving
their homes just for alcohol purchases. Mr. Mattson concluded that
alcohol sales at the proposed site would not be detrimental to the
neighborhood, and may in fact reduce traffic by allowing a combined
trip for gas and convenience items.
Deborah Bernhardt of Texaco explained the training program that
employees of Texaco undergo. She stated that along with other
training, 3-4 hours are devoted exclusively to alcohol sales, and
employees must pass a written exam in order to be placed in
positions involving alcohol sales. Additionally, such employees
must return for continuing alcohol awareness training every 90
days. Ms. Bernhardt pointed out that visual materials regarding
alcohol awareness are displayed in each of their stores, and that
every customer, regardless of age, must show identification to
purchase alcohol. I.D. guides are also kept in each store to
verify out-of-state identification cards. Further, employees are
not permitted to sell either alcohol or gas to customers who appear
either to be intoxicated or to be purchasing alcohol for others
(e.g. to minors).
AUdience Discussion
Crystal Sanders of 1517 Melrose Avenue stated that she did not have
a problem with Texaco I s handling of alcohol sales i rather, she
objected to the siting of additional alcohol sales establishments
in this area, naming a number of establishments in the vicinity
that sell alcohol. She stated that minors loiter in the evening,
drinking, in the nearby residential area, and that they have caused
damage to private property.
Jack Meng of 1475 Melrose, owner of the 7-11 store across from the
Texaco facility, stated that he had a number of concerns. He also
objected to the addition of an alcohol sales business in the area,
stating that numerous facilities exist in the immediate
neighborhood as well as additional facilities within a one-mile
radius. He felt that this would simply provide one more place
where minors could potentially loiter and attempt to obtain
alcohol. Mr. Meng felt that traffic in the area would be
negatively impacted, stating that traffic was already a problem at
this intersection and adding that the sales of both alcohol and gas
at a corner property was problematic.
Mr. Meng stated that crime was a potential problem, indicating that
he had had problems with "beer runners" - that is, those who
grabbed beer and ran from the store. He stated that although this
was not considered a high crime area yet, he and others were
concerned about crime. Mr. Meng felt that corporate employees
//)~J;J
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ZA HEARING. PCC-93-10
-3-
OCTOBER 1. 1992
were less concerned with the neighborhood than franchise owners,
who generally have a personal interest in the neighborhood. He
added that an automobile service station/garage is needed on at
this site, but as a result of the items mentioned, felt that a
mini-mart offering alcohol would negatively affect the quality of
life of the residents in the area.
Ms. Sanders added that there are schools in the area, asking if the
ABC takes the proximity of schools into account in granting alcohol
licenses; Lt. Wilson of the Police Department stated that this was
not considered except in that such licenses may not be closer than
100 feet to any schools.
ADDlicant ResDonse
Mr. Mattson stated that corporate employees are no less interested
in the community than franchise owners, adding that many Texaco
stores have managers that have worked at their locations for many
years. Mr. Mattson further stated that although the issues has
arisen before, there is no link between gas and alcohol sales; he
pointed out that the majority of people who purchase alcohol must
get in their cars to get to the store, rendering the alcohol and
gas sales issue moot. Mr. Mattson also noted that this facility
would not promote loitering activities, adding that video games,
such as those found at the 7-11 store, would not be available at
this site, and that he would agree to a condition to this effect.
Police DeDartment ReDort of Crime statistics
Lt. Merlin Wilson of the Chula vista Police Department presented
statistics compiled by the Police Department relating to crime in
this neighborhood. He explained that the statistics had been
compiled for a 1/10 mile radius around the subject site as well as
for the census tract and police beat. The figures revealed that
there were 70 crime occurrences, mostly petty theft, within 1/10
mile of the site since January of this year, which is fairly
significant. However, the crime rate for the census tract, 55.6%,
and the police beat, 43.6%, are significantly lower than the 120%
maximum permitted by the ABC. Lt. Wilson stated that although
petty theft was the largest percentage of crime noted in the last
reporting period for this area, it was not possible to ascertain
how many of the crimes in this category were related to alcohol.
Hearinq conclusion
Mr. Griffin stated that a decision would be made on this
application within one or two weeks and that those present would be
/O--Jt(
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OCTOBER 1. 1992
notified of the decision.
that either the applicant
He explained the appeal process, noting
or others could file an appeal.
Ms. Sanders asked that current neighborhood watch efforts be
considered in evaluating crime impacts. She also stated that she
knew a number of residents of the condominiums behind the Lucky
store who were interested in this application but had not received
public notices. Mr. Griffin responded that if residents or others
outside of the mailing radius were known to be interested, the
Planning Department generally made an effort to include those
persons in the mailing of the notices, and that such an effort
would be made in future notices that might be mailed relating to
this case. He also stated that the neighborhood watch captain for
the area would be contacted for comment before a decision was
reached on the application.
Ad;ournment
The hearing was adjourned at 4:00 p.m.
NtNirV>
evins, Recorder
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September 29~ 1992
l..onlnq Di~'-ector.
City of Cllula Vista
Chula Vi5ta~ Calif.
,
We~ the residents and business people around East Orange
Street and Melrose Ave., wish to challenge the application for a
conditional use permit submitted by Texaco Refining and
Marketing~ Inc. to renovate the gas/service station into a mini-
mart/car wash facility located at 1498 Melrose Avenue in Chula
Vista. The reasons we have are as follows:
1. Traffic:
A). The traffic flow report was surveyed before Dec.
1990, while the Northwest corner of Melrose Ave. and E. Orange
E,t. If'ltersection was renovated and additional store spaces were
added 1n June/July 1991. Thus the traffic flow report no longer
represents the real traffic pattern. Even the traffic condition
at preseGt may not be critical yet~ however~ it definitely is not
~~ c; ,~::' d c.' C:-; 1 1 ~
II). Drivirlq ebstbound orl E. Orange St. from Max Ave.
there 1& r1C) lJ-turn allowed at the intersection. Irl order to allow
i.J-tL,lr-r to bE made at the intersectlDn~ Texaco Inc. offers to
L~lOel-j tle str-eets by giving ltp 6/9 feet on both MelrOSE Ave. and
EM a~'CIE St. sides. It may sOLtnd like a good or gensl-ous id~a.
~fo~~pver.~ it will cause more difficulty for Rohr Elementary School
S1_LI(10rlLS crossing the streets. Besides~ we have alr-eady seerl many
dr-ivE/-s ~Oi;lg throLlgh the parking lot of the shopping mall in
ordE:i to avoid tt.lE traffic ligt'lt or the cars waiting at the
:Lr't''''('''''~'~~*;'~~~~ar (03,bout i'i03Tch, 1992) City Tr03,ffic
Er'ly....ri(::(.~.'t,"ir)g Depar-tment madE helr-.ose Ave. a three lanes street at
thE" irj,tE'rs-E:st~on.,:,.~l~\~r:;~~. is si.mpl'y' a. very nar.TOW street. It
w<~~~ ~=;,\"de_!~cJ'.~~t'o~'61&":-Y:~.lr-e€.! lane street in the fil....st plaCE\.
1'~12 tratflc dQ8S not eaSE off just because there are three lanes
nOI-'y ir;~d,.~,;'O-f!tllf ~,;'1t:w~befor-e. Actually~ it cre2.ted sl..\ch
1,mpossjL~1 difficult~~ir~~t~orl for some vehicles making a rlght
turn f~:tl;i;;:~JJ:i;"a. St. (westbound) at the intersection into
Melrose ~~ (northbound), that the delivery truck for Lucky's
supermarket does not make a turn at the intersection rather go
aound behind Little Cesear Pizza building instead.
2. Quality of Life:
The type of business that lexaco intends to get into does
not bring any positive growth to our neighborhood. It does not
irfcrease job opportunlty~ nor ta>: revenue. Local residents and
Rohr Elementary School have formed a crime watch program to
prever'it crimes in this neighborhood. Some business people haVE
been 03ctive to cooperate with C. V. Police Department reporting
ar'ld prpventing br,y suspicious actiyities~ communicating with
police officers~ engaging in some other community involvement
works to improve our neighborhood. Presently~ there are four
bLlslnes5 within 500 yard radius selling alcoholic beverage
already. There are at least another e1ght business within one
,
.
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mile radius selling alcoholic beverage. Do we really need one
more business selling alcoholic beverage in our neighborhood?
The study report provided by C. V. Police Department
indicates that this is not a high crime rate area yet. This can
actually be explained as:
A). People do not report minor crimes thus Police
Department simply does not have enough records.
B). Neighborhood watch groups and some active business
people take up the role to prevent any unusual activities.
Therefore, just becuase we are not at a high crime rate area
yet, are we sop posed to be "honored" and penalized by granting a
conditional use permit to a gas station intends to sell alcoholic
beverage and gasoline at the same time?
We wish Texaco Inc. can shape up and set their policy
straight that in this neighborhood we do need a reputed gas
stat~on providing mechanical services (Unocal 76 across the
street on Melrose Ave. is a very good example) and become
prosperous and successfLtl~ rather than converting the gas/service
station into a mini-mart selling gasoline and groceries only. The
g85/&e~vice station does not attract youth gang to hang out, but
a Inini-mart definitely will.
We hope the Zoning Department and the City Council can make
the obviouly wise and proper dicision not to allow a conditional
use permit to Texaco Refining and Marketing, Inc. to renovate a
gas/service station into a car wastl/mini-mart. Your consideration
will be appreciated.
,.=, J. Fr~ne V'
~~~
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RECEIVED
SEP 3 0 1992
. PLANNING
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1 October 1992
City Zoning Administrator:
I would like to go on record as opposing any remodeling of the Texaco
Station located at 1498 Melrose Ave. There are several valid considerations for
not approving any change 10 this address:
.~.. ....
2. Insufficient Access
3. Crime
4. Too many locations currently selling alcohol
5. Mini-market not needed.
Traffic Problems.
The Texaco station is located on the Northwest corner of Melrose Avenue
and Orange Avenue. The traffic at this intersection has greatly increased in the
last two years. This can be directly attributed to two recent occurrences: (1) the
opening of I-54 linking 1-805 and 1-5 and (2) the expansion of the Lucky Market.
There are only three on-ramps to I-80S from this area; L Street, Orange
Avenue, and Main Street. Residents between Palomar Street and Talus Street will
usually travel Melrose to access I-80S rather than electing one of the other two on-
ramps.
The Lucky Market also attracts residents from outside the immediate
neighborhood. This market is always crowded and the parking lot is usually full.
The make-up of the immediate neighborhood also results in a significant
number of cars traveling this intersection. To the North of this intersection are
condominiums. To the West are a large number of apartments. The portion of
the neighborhood which is single resident homes has a high occurrence of cul-de-
sacs.
2.
1.
Insufficient Access.
Melrose Avenue is a two lane street, one lane of traffic in each direction
with a very short left turn lane (five cars maximum). Orange Avenue is does have
two lanes of traffic in each direction, but it has islands dividing traffic. The island
on west of Melrose Avenue extends beyond the property line of the Texaco
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station. V-turns for traffic traveling East is prohibited.
To access the Texaco station traveling East on Orange, vehicles must turn
left onto Melrose Avenue and make a left-hand turn through those vehicles waiting
to turn onto Melrose (V-turns are prohibited and dangerous). Access going West
on Orange Avenue can be made by making a right-hand turn. Access from
Melrose going South would require a right-hand turn. Access from Melrose going
North would either require making a left-hand turn on Melrose through oncoming
travel or making a left-hand turn onto Orange and then making a right-hand turn
immediately.
Leaving the Texaco station is a major hazard. Because of the divided
highway, only those vehicles going West on Orange can exit from Orange Avenue.
All other traffic would require exiting onto Melrose.
There are already vehicles exiting or entering the Texaco station breaking
the law. Either cars are making illegal U-turns onto Orange, making illegal U-
turns around the western end of the island, or entering the Texaco station by
driving on the wrong side of the street.
3. Crime.
We currently have problems with minor criminal acts. In the last six years,
the brick fence in front of my property has been hit twice by cars, the last time
when a the driver tried to run-over a person in front of my property. My house
has been broken into twice and, at least two attempted break-ins. Graffiti has been
painted onto my fences and sidewalk. The tire on one of my cars slashed, the
back sliding glass door shot with a pellet gun, the battery on my car stolen, and
our locking mailbox destroyed.
We currently have problems in the neighborhood with people who don't
belong in the neighborhood hanging out in Slate Court late at night drinking.
Associated with this drinking is loud noise and vandalism.
I have every reason to believe that the remodeling of the Texaco station will
increase the current problems in the neighborhood.
4. Too many locations currently selling alcohol.
Presently at the intersection of Melrose and Orange, we have more than
enough places which sell alcoholic beverages. On the Northwest corner of
Melrose and Orange, surrounding the Texaco station, there is both a liquor store
and the Lucky Markekw.h~rc beverages. On the Northeast corner
we have a 7-11 which sells beer and wine and a bar.
If you want to go West on Orange, there is another 7-11 and a mini-market
which sells alcoholic beverages.
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Considering the close proximity of the Rohr Elementary School, this would
appear to be an excessive number of sites.
Also at the City Council meeting when the third public hearing on this
expansion was once again postponed, the City Council stated that there were
already too many places selling alcoholic beverages. At this meeting, I was led
to believe that this issue was dead, that the permit would be denied.
5. Mini-market not needed.
I have no idea why we need a mini-market at this intersection. If someone
wants to purchase alcoholic beverages, there are more than enough alternate
locations. If someone wants food items; we have the Lucky Market, the 7-11, and
the liquor store (which does stock milk, eggs, and a limited amount of food
products). If the object is to purchase fast food; there is a Little Caesar Pizza, a
full-service deli in the Lucky Market, a full-service bakery in the Lucky Market,
two Mexican restaurants, and hot dogs and hamburgers available at the 7-11. I am
also sure that some type of food may be purchased at the bar.
Base upon the above reasons, and common sense, the proposed expansion
should be denied. It makes no sense to increase traffic on an already
overburdened intersection, and logic dictates that unless Texaco expected
customers they would not spend money on remodeling. It also makes no sense,
in a recession era when many small businesses are failing and almost every corner
shopping center has vacancies, to build businesses which directly compete with
existing small businesses; common sense would dictate having businesses which
complement each other. It also makes no sense to take an area already having
problems with minors drinking and causing problems late at night and having
problems with gang invading the neighborhood, to allow a business which would
only intensify and increase existing problems.
CRYSTAL SANDERS
Chula Vista, CA 91911-5912
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Cindy Thomas
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Chula Vista, CA 91910
October 11, 1992
Chula Vista Planning Commission
276 Fourth Avenue
Chula Vista, California 91910
To Whom It May Concern:
I wish to offer my input regarding the planned Texaco/Mini-mart at the corner
of Melrose and East Orange. I am strongly opposed to its fruition due to the
fact that alcoholic beverages will be sold. In this neighborhood of a large
population of school-aqed children, I feel it is extremely unnecessary to
allow, yet, another facility that offers such beverages to be built.. Due to
the extreme gang-related problems that have recently arose in this neiohbor-
hood, I can't imagine any other level-headed adult disagreeinn with me.
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Oct. 7, 1992
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Vistt':~~Wri~Commission
4th Ave.
Vista, CA 91910
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Dear Sir:
I wish to offer my input regarding the planned Texaco Mini Mart
on the corner of Melrose and E. Orange.
Although such an enterprise is legal and would be eye-appealing,
it represents yet another establishment to sell liquor. This
would mean that there would be five stores on one corner which
would sell liquor.
Anyone who has been involved in the public in any way knows that
liquor and its easy access creates a higher probability of crime.
San Diego J. M. stadium officials restrict the sale of liquor
after a certain time of any given game because they know that
liquor-intoxicated people create violence and crime. I fear
for my neighborhood.
Living just ~b~ corner from the corner in question I have
seen fJ.rsthc.~esirab1e types hanging around the 7-11
store, the liquor store next to Lucky supermarket, and the bar
just down from the 7-11.
Because of their presence, I don't take my family to these stores
after dark. It's scary enough entering the 7-11 store during
the day and seeing questionable young men, particularly, hanging
around the phones, perhaps there to make drug deals.
Gangs are entering our neighborhood fast enough without encourage-
ment from such planned establishments. AM-PM, 7-11 and other
such mini marts are meant for convenience. But they frequently
become hangouts for gangs. Some stores in Chu1a Vista have re-
moved pay phones due to said undesirable types hanging around
making drug deals, comm~ing crimes, etc.
If you are skeptical about these magnets for drunkenness, drugs,
crimes, grafitti, etc., I suggest you spend several nights
around them observing. Then ask yourself if you'd want to live
in that neighborhood and would be willing to take your family
to sU~P1aces expos~ng them to the above mentioned realities.
HOPYUPY[j;5.0',; ~ ~
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September 4, ~992
City of Chula Vista
Planning Department
Attn: Steve Griffin
276 Fourth Ave.
Chula Vista, Ca. 91910
RE: CONDITIONAL USE PERMIT APPLICATION/BEER & WINE
Texaco Project
1498 Melrose at Orange
Chula Vista, Ca.
Dear Mr. Griffin:
This correspondence and attachmen~~:1~~~ted
supplemental information for the ous ~led
mentioned application.
as
above
The attached booklet is the study guide for Techniques of
Alcohol Management (TAM) training class which each Texaco
Food Mart employee must complete prior to working in one of
our foodmarts. In addition to the booklet, there are training
film and classroom instruction. After successful completion
of this course, each employee is required to execute the
enclosed Clerk's Affidavit, Alcoholic Beverage Control (ABC)
Laws which we keep in each employees personnel file.
Our training classes are held locally in our facility at 9966
San Diego Mission Road, San Diego. The classes are typically
held twice a month. Our Training Instructor is Ms. Denise
Barnhart who has several years experience with convenience
store chains and is well informed regarding Techniques of
Alcohol Management. You, or any member of your staff, are
welcome to sit in on one of our classes.
In addition to abiding by the guidelines as outlined in the
"TRMI Alcohol Awareness Program", Texaco also abides by the
following:
1. ALL customers, no matter what age, must produce
valid identification with a photgraph.
2. No neon or internally illuminated beer or wine
advertising sign is allowed in our facilities.
3. No iced single merchandisers are permitted.
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I have enclosed a memo regarding recognition that one of our
stores in the City of Oceanside recently received from the
community based organization, citizens Helping Oceanside Obtain
a Sober Environment (CHOOSE). This recognition was much
appreciated by Texaco as it demonstrated that our programs are
effective and appreciated by the community.
Should you have any questions regarding Texaco's policies
on alcoholic beverage transactions please do not hesitate to
contact me at !"
Sincerely,
.1J./? m~~tv)~
D. P. Mattson
senior Real Estate Agent
DPM/dc
Enclosures
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Effective Date: 01/31/90
Reolaces; N/A
Alcohol/Tobacco ManaQement 8.1.1
)
8.1. TRMI ALCOHOL AWARENESS PROGRAM
POLICY
Company premises will be in compliance with all federal, state, and local laws
governing the sale of alcoholic beverages. The violation of these laws by an
employee(s) will result in immediate termination of the employee(s) involved.
)
1. TRMI adopts the National Association of Convenience Stores "Techniques of
Alcohol Management" (TAM) Program for the training and education of its
employees. This program is intended to improve the knowledge,
confidence, and motivation of employees in discovering and legally
handling problems related to alcoholic beverage sales. You will be given
guidelines about the prevention of sales to minors, intoxicated persons,
and third parties. All store, field, and office personnel with
responsibility in the area of alcohol (selling, supervising, managing,
etc.) must participate in the TAM program. Visuals (ID buttons,
stickers, posters), audio visuals (training tapes), training meetings,
written materials, and/or other program components will be used in
presenting the TAM's material.
2. The Supervisor is responsible for presenting the TAM's Audio/Visual
Workbook to all Store Managers. Upon completion a signed copy of the
Employee's Agreement of Understanding Form and the Alcohol and Tobacco
Laws Final Test must be in the personnel file.
3. The Store Manager must train all cashiers, as a condition of their
employment, utilizing the TAM course. The Manager must review the TAM
workbook with each employee, discuss state liquor regulations, and
administer the Alcohol and Tobacco Laws Final Test. When this has been
successfully completed, the Employee's Agreement of Understanding form
must be signed by both the Manager and employee and placed in the
employee's permanent personnel file.
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Effective Date:
Reol aces:
01/31/90
N/A
Alcohol/Tobacco Manaaement 8.1.2
Verification of the completion of these forms will be done by the
Supervisor when he/she reviews each store's personnel files during the
monthly mini-audit. The Supervisor will note this verification on the
audit form.
4. All Petroman employees must meet the state minimum age requirements to
sell alcoholic beverages.
5.
(.ILL c.us""-O (VI E:K5
AI,) l:IIJtlll"L. vJlJlClll il.!! t6 Ill: IIndel eg leal! ef i!e must produce val id
identification with a photograph.
6. Display TAM decals on all cooler doors where beer or wine is sold.
7. Wear TAM buttons while on duty.
8. Affi x the counter/regi ster decal near the regi ster where it wi 11 be
visible to customers.
Other Guidelines:
1. Do not sell alcoholic beverages to anyone whose identification is
questionable.
2. Positive identification is required at the time of sale from all persons
of questionable age. Use TAM techniques to be sure that ID is not
altered, forged, stolen, counterfeit, or expired. Before the sale, the
customer must produce one of the following forms of identification:
(1) Valid state-issued driver's license.
(2) Valid state-issued personal 1.0. card (in states where
applicable).
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Effective Date:
Reolaces:
01/31/90
N/A
Alcohol/Tobacco Manaaement 8.1.3
The following documents are DQ1 acceotable as proof of age or identity:
1. Birth certificate
2. Credit cards
3. Social Security card
4. Student 1.0. card
5. Temporary Driver's License
6. Travel Visa
7. Baptismal certificates
8. Expired documents
9. Otherwise valid documents that have been borrowed, stolen,
altered, forged, and/or counterfeited.
3. Do not sell alcoholic beverages to anyone who appears to be intoxicated.
4. Do not open an alcoholic beverage for anyone.
5. Ask anyone who is consuming an alcohol ic beverage on the property. to
leave as this is a violation of the Company's license.
6. Do not sell alcoholic beverages to any customer who appears to be
purchasing the beverage either for someone underage or intoxicated.
7. Any Petroman employee cited for a beverage violation will be suspended.
8. Any Petroman employee found guilty of a beverage violation will be
.-J terminated.
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Effective Date: 01/31/90
ReDlaces: N/A
Alcohol/Tobacco Manaaement 8.1.4
9. Do not sell gasoline to anyone who is driving and appears to be
intoxicated.
In order to maintain good customer relations, always treat all customers
courteously.
IN SIItIARY, YOU ARE NOT OBLIGATED TO SELL ALCOHOLIC BEVERAGES TO ANY
CUSTOMER WHO APPEARS TO BE UNDER THE LEGAL AGE REGARDLESS OF THEIR
IDENTIFICATION. THE COMPANY WILL NOT HONOR COMPLAINTS RECEIVED BECAUSE AN
EMPLOYEE REFUSED TO SELL SOMEONE ALCOHOLIC BEVERAGES. COMPLAINANTS WILL BE
TOLD THAT THESE COMPANY POLICIES CANNOT BE VIOLATED BY ANY EMPLOYEE,
INCLUDING THE MANAGER AND SUPERVISOR.
jj)/51
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EMPLOYEE'S AGREEMENT OF UNDERSTANDING
Alcohol and Tobacco Products
Print Employee's Name
Store Location
I agree to the following rules and policies about the sale of alcoholic
beverages and/or tobacco products. I agree that as a seller of
alcohol/tobacco products, I am in compliance with the legal age requirements
for the purpose of selling these products. The legal age(s) for a seller of
these products for this locale are for the sale of alcohol, and
for the sale of tobacco.
1. I will not sell alcohol/tobacco products to any person under the legal
age. The legal ages for this store are:
years
10 Age Requirement years
-
Beer
Wine
years
Di st ill ed li quor
Tobacco Products
years
years
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If the person appears close to the minimum age, I will ask for
identification. I will not make the sale if there is any doubt as to the
person's age.
2. I will not sell alcoholic beverages to any individual during hours when
it is illegal. The legal hours for the sale of alcoholic beverages at
this store are as follows:
Monday-Friday
Saturday
Sunday
to
to
to
3. I will not sell alcoholic beverages to obviously intoxicated or otherwise
disorderly individuals.
4. I have been trained and am in agreement with all facets of the Alcohol
Awareness Program as outlined in the A1coho1/Tobacco Management Section
of this Manual, and I have satisfactorily completed the Alcohol and
Tobacco laws Final Test. Either in conjunction with the above, or in
lieu of, I have completed any state and/or local requirements necessary
to allow me to sell alcohol and/or tobacco products, and where
applicable, have received the appropriate certification card.
Employee's Signature
Social Security ,
Date
Store Manager's Signature
JtJ/S-~
J
Date
This agreement will be maintained in your personnel file as part of your
permanent employee record.
/
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I~..____~_~ r_.___~ n, _ \
ALCOHOL AND TOBACCO LAWS
FINAL TEST
~
1.
What time can you start
Honday - Friday? Beer?
selling the various
Wine?
alcoholic
L1 quor?
beverages on
2. What time on Saturday can you start selling?
Beer? Wine? L1quor?
start to sell?
L1 quor?
3.
On Sunday, what time can you
Beer? Wine?
Beer?
Wine?
to legally buy the following:
Liquor? Tobacco?
4.
How old must a customer be
are the acceptable forms of
to purchase alcohol/tobacco?
2.
identification
5.
If an 1.0. is requested, what
required of someone who wants
1.
6. What time must you stop selling beer on Sunday?
7.
During the week,
Beer?
what time must you stop selling the following:
Wine? Liquor?
S. Is it legal for someone to drink beer in the store?
9. If you ask a customer to show you an 1.0. before selling him/her beer and
they cannot produce one but insist they are old enough, you should do
which of the following? ' ,
a. Sell the beer, but tell them to bring an 1.0. the next time.
b. Call the police.
c. In a courteous manner, tell them that you must see an 1.0.
before you can sell them beer.
10. What is the legal age for selling tobacco in your state?
/0--S6
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Suggested Format (S.l.b.)
_rP~\ON OFCoJ>'~
~ ~~
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TECHNIQUES OF ALCOHOL MANA(;EMENT
EMPLOVEE WORKBOOK
National Association of Convenience Stores
Audio.Visual Training Center
Copyright' 1985 - National Association of Convenience Stores
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TECHNIQUES OF ALCOHOL MANAGEMENT SYSTEM
MR\27C:l
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TAM
TAM PRE-INSTRUCTION TEST
\
I. FILL IN THE ANSWERS BELOW:
1. LIST THE FIVE "CLASSIC" SIGNS OF INTOXICATION:
2. CIRCLE THE FORMS OF IDENTIFICATION THAT ARE VALID FOR PURCHASING ALCOHOL:
BIRTH CERTIFICATE SOCIAL SECURITY CARD
ALIEN VISA CREDIT CARD
CERTIFICATE OF BAP1lSM STUDENT PHOTO 1.0.
3. LIST THREE PENALTIES THAT CAN AFFECT AN EMPLOYEE WHO FAILS TO OBSERVE ALCOHOL SALE
LAWS:
4. IN THIS STATE. LEGAL DRINKING AGE IS:
5. (CIRCLE THE RIGHT ANSWERS:) ALCOHOL IS:
A) A STIMULANT
B) A DEPRESSANT
C) A CONTROLLED SUBSTANCE
II. TRUE/FALSE (CIRCLE CORRECT ANSWER)
6. T F MY STORE HAS A RIGHT TO SELL ALCOHOL
7. T F A SECOND-PARTY SALE MEANS THE FIRST PARTY WAS FUN
8. T F A MILITARY 10 CARD IS VALID TO BUY ALCOHOL
9. T F DON'T ASK FOR 10 IF THE PERSON LOOKS 23
10. T F I SHOULD TRY TO STOP A THIEF WHO'S STEALING ALCOHOL.
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11. (CIRCLE THE BEST ANSWER:) IN STUDIES, UNDER-AGE YOUNG PEOPLE FIND IT EASIEST TO BUY AL-
COHOL IN A:
A. LIQUOR STORE
B. SUPERMARKET
C. DRUG STORE
D. CONVENIENCE STORE
E. DISCOUNT STORE
F. TAVERN
12. (CIRCLE CORRECT ANSWERS:) THE AGENCIES THAT ESTABLISH ALCOHOL LAWS AND REGULATIONS
INCLUDE:
A. FEDERAL BUREAU OF ALCOHOL, TOBACCO AND FIREARMS
B. U.S. DEPARTMENT OF JUSTICE
C. STATE LIQUOR CONTROL COMMISSIONS
D. STATE DEPARTMENT OF JUSTICE
E. U.S. TREASURY DEPARTMENT OF TAXATION
F. LOCAL (CITY, COUNTY, TOWN, VILLAGE) GOVERNMENT
G. NATIONAL LICENSED BEVERAGE ASSOCIATION
H. THE CONVENIENCE STORE COMPANY I WORK FOR
13. IF THE LAW SAYS NOT TO SELL ALCOHOL AFTER 10PM, BUT THERE'S A CHANCE FOR A BIG SALE AT
10:02, WHAT SHOULD I DO? (FILL-IN):
14. WHICH OF THESE ARE SIGNS OF A FALSE I.D.?
A. SPLIT LAMINATION D. ERASURE MARKS
B. LUMPS OR BUMPS E. TYPE NOT ALIGNED
C. FUZZY PHOTO F. DARK PHOTO
G. SEVERAL TYPE STYLES
H. FALSE SIGNATURE
I. PASTE-ON
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The sale of beer and wine products represents a large part of our
total Food Hart sales and gross profit. To protect our privilege
to sell these products it is imperative that we take every step
possible to train our employees to handle these sales properly.
In order to facilitate this it is mandatory that the following
actions be implemented immediately.
Company premises will be in compliance with all federal, state,
and local laws governing the sale of alcoholic beverages. The
violation of these laws by an employee(s) will result in
immediate termination of the employee(s) involved.
The Company adopts the National Association of Convenience Stores
"Techniques of Alcohol Management" (TAM) Program for the training
and education of its employees to vastly improve the knowledge,
confidence. and motivation of employees in discovering and
legally handling problems related to alcoholic beverage sales and
to alleviate sales to minors, intoxicated persons, and third
parties. All store, fi~ld, and office personnel with any
responsibilities in the area of alcohol (selling. supervising.
managing. etc.) must participate in the TAM program through use
of visuals (ID buttons. stickers, poster), audio visuals
(training tapes, training meetings, written materials, and/or
other components of the Program.
* THE TAMS PROGRAM - POLICIES
1. The Supervisor is responsible for presenting the TAM's
Audio/Visual Workbook to all Salary Managers. Upon
completion a signed copy of the Agreement of
Understanding Form (Example 1) must be in the manager's
personnel file.
2. The Salary Hanager must train all cashiers, as a
condition of their employment, utilizing the TAM
course. The Hanager must review the TAM workbook with
each employee, discuss State Liquor Regulations, and
administer the post test. When this has been
successfully
HR\27C:2
34
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/L(1/
completed the
signed by both
the employee's
Agreement of Understanding form must
the .anager and employee and placed
permanent personnel file.
be
in
Supervisors will verify the completion of these forms
by reviewing each store's personnel files during the
monthly mini-audit and noting this on the audit form.
3. TAM decals will be displayed on all cooler doors where
beer and wine is sold. (See Merchandising Section for
placement) .
TAM buttons will be worn by all Petroman employees
while on duty.
The Counter/register decal should be affixed to or near
the register, visible to the customer.
* POLICY
All Petroman Employees must meet the minimum state age
requirements to sell alcohol beverages and when employed
will require all customers. appearing to be under~ ~.~S. ~O.
of age. to produce valid pictured identification. ~~'~
Other specific policies are: ~~
1.
Do not sell alcohol beverage
identification you question.
to
anyone whose
2. Do not accept printed identification cards that can be
purchased with a photograph.
Positive identification is required at time of sale
from all persons of questionable age. Customer must
produce for visual inspection before the sale one of
the following picture
HR\27C:3
35
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identification
that ID is not
expired) :
(check carefully using TAM techniques
altered, forged, stolen, counterfeit, or
1. State-issued valid driver's license.
2. State-issued valid personal 1.0. card (in states
where applicable).
The following documents are not acceptable as proof of age
or identity:
1. Birth certificates
2. Credit Cards
3. Social Security Cards
4. Student 1.0, Cards
5. Temporary Driver's Licenses
6. Travel VISA's
7. Baptismal certificate
8. Expired documents
9. Otherwise valid documents that have been borrowed,
stolen, altered. forged, and/or counterfeited.
3. Do not sell alcohol beverages to an intoxicated person.
4. Do not open an alcohol beverage for anyone.
MR\27C:4
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S. Ask anyone who is consuming an alcohol beverage on our
property to leave as this is a violation of our
license.
6.
Do not sell alcohol beverages to any
appears to be purchasing the beverage
people or intoxicated people that are not
customer that
for underage
present.
7. Any Petroman employee cited for a beverage violation
will be suspended.
8. Any Petroman employee found guilty of a beverage
violation will be terminated.
All Customers not allowed to purchase shall be treated tactfully
in an effort to maintain a potential customer for other items of
sale.
IN SUMMARY. YOU ARE NOT OBLIGATED TO SELL ALCOHOL BEVERAGES TO
ANY CUSTOMER THAT APPEARS TO BE UNDER THE LEGAL AGE. REGARDLESS
OF THE NUMBER AND TYPES OF IDENTIFICATION THE PURCHASER PRODUCES.
COMPLAINTS RECEIVED BY THE COMPANY BECAUSE YOU REFUSED TO SELL
ALCOHOL BEVERAGES WILL NOT BE HONORED AND WILL BE TOLD THESE
POLICIES CANNOT BE VIOLATED BY ANY EMPLOYEE, INCLUDING YOUR
MANAGER AND SUPERVISOR.
HR\27C:S
37
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TAM
-
TECHNIQUES OF ALCOHOL MANAGEMENT:
POST TEST
1-5. LIST FIVE VALID FORMS OF 10 LEGALLY ACCEPTABLE FOR ALCOHOL
PURCHA::;E:
6-10. LIST FIVE DOCUMENTS NOT ACCEPTABLE FOR BUYING ALCOHOL.
11-15. LIST FIVE COMMON SIGNS THAT SIGNAL AN ALTERED /D.
16-18 LIST THREE TYPES OF FALSE 10 BESIDES ALTERED ONES.
19-21. THERE ARE THREE KEY WORDS TO TAM.FILL IN THE MEANING OF EACH
LETTER.
~ M' ~
I' A: T:
R: A: 0: :)
M: P:
22-24. OF THE THREE TAM KEY WORDS (SIR. MAAM, STOP):
22. WHICH HELPS SOLVE UNUSUAL OR CONFRONTATION PROBLEMS?
23. WHICH HELPS IDENTIFY THAT THERE /S A PROBLEM?
24. WHICH HELPS DEAL WITH MOST NORMAL PROBLEMS?
25-28. -LIST THREE SITUATIONS IN WHICH POLICE SHOULD BE CALLED.
.
29. IN THIS STATE: LEGAL AGE TO BUY ALCOHOL IS
-IF THERE ARE EXCEPTIONS (BEER VS LIQUOR, DIFFERENT AGES LE-
GAL AS THEY GROW TO 21, ETC.), LIST:
.
30. DAY, HOURS, OR 3.2 RESTRICTIONS ON ALCOHOL IN MY COMMUNITY
AND STATE ARE:
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31-32. WHICH TWO SIR STEPS HELP SHOW INTOXICATION?
and
33.34. (FILL IN) IN A SECOND-PARTY SALE, A PERSON WHO IS
AGE TRIES TO BUY ALCOHOL FOR A PERSON OR GROUP THAT IS
AGE, USUALLY IN EXCHANGE FOR MONEY.
35. (CIRCLE RIGHT ANSWER) IT IS (LEGAL1LLEGAL) TO SELL ALCOHOL TO
AN INTOXICATED PERSON, AS LONG AS HE'S NOT DRIVING A CAR.
36. LAWS GOVERNING THE SALE OF ALCOHOL ARE ESTABLISHED BY:
A. FEDERAL GOVERNMENT
B. STATE GOVERNMENT
C. LOCAL GOVERNMENT
D. ALL OF THE ABOVE, A-B-C. .
E. NONE OF THE ABOVE A-B-C.
37. THE BEST TIME TO OBSERVE ALL ALCOHOL SALE LAWS IS:
A. WHEN THE BOSS IS AROUND.
B. WHEN THE POLICE ARE AROUND.
C. WHEN YOUR STORE'S COMPANY INSPECTOR IS EXPECTED.
D. ALL THE TIME.
E. IT REALLY DOESN'T MATTER.
38. IN THE PAST, THE EASIEST PLACE FOR YOUNG PEOPLE TO BUY AL-
COHOL WAS WHAT TYPE OF STORE?
39-41. LIST THREE PROBLEMS YOU CAN HAVE IF YOU SELL ALCOHOL
ILLEGALLY.
42.' COMPANY POLICYuON CHECKING IO'S FOR AGE IS:
43-45. IN "SIR", WHEN YOU ''SIZE UP", YOU LOOK FOR SIGNS OF THREE
PROBLEMS:
.
A.
B. -. -- -..,'- --.- ~-
C.
46. IN "INTERVIEWING" (SIR), WHAT TYPE OF QUESTION DO YOU ASK?
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.
.
47. TELL WHY IT'S IMPORTANT TO MOVE AWAY THE AlCOHOL. IN THE
MAAM STEP:
48. WHY ASSERT THE LAW in the MAAM STEP?
49. A CUSTOMER TELLS YOU IT'S HIS RIGHT TO BUY ALCOHOL FROM YOU.
HE SAYS YOU CANNOT LEGALLY REFUSE. IS THIS TRUE OR FALSE?
EXPLAIN WHY:
50. THERE IS JUST ONE ACCEPTABLE ACTION WHEN YOU ARE PRESENTED
WITH AN ATTEMPT TO MAKE AN ILLEGAL PURCHASE OF AlCOHOL:
THE SALE.
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TAM PROGRAM - TRAINING
Many convenience store employees 40 not know they can be fined,
jailed and fired for failing to obey beverage alcohol laws and
regulations. Many do not know what these laws are; how to spot
offending consumers; or how to deal with them legally and in your
company's best interest. Through TAM, you can do all these
things. You can instill the knowledge, confidence and motivation
to prevent illegal beverage alcohol problems in your stores and
protect your company, your employees, your customers and your
profits.
Techni~ues of Alcohol Management (TAM) uses the simply acronyms,
"SIR", "MAAH", "STOP" to teach the law, to identify the problems
and to handle problems in beverage alcohol sales. All are simple
ideas in themselves and very easy to memorize, recall and apply.
The first two "SIR" and "MAAH" are friendly greeting words, as
are the recommended control steps they represent. The last
greeting words, as are the recommended control steps they
represent. The last word "STOP" is a "warning" word used to
recall the steps to solve difficult or dangerous situations.
SIR teaches trainees how to discover problems by "Sizing up",
"Interviewing" and "Rating" customers or situations".
MAAH teaches them to handle problems revealed by "SIR"; this is
done by "Moving alcohol away"; "Attitude - firm, fair, friendly";
"Asserting the law"; and "Moving on to other work".
STOP teaches employees. in cases where "HUM" doesn't end the
problem. to "Stay in the store"; "Temper control"; "Observe
details"; and "Post details in a store log and call police, if
needed" .
The TAM's Employee Workbook contains everything except specific
laws for 'our state and community and your company policies.
KR\27C:6
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TAM'S EMPLOYEE WORKBOOK
The TAM's "Employee Workbook" stands alone. in that it contains
all course information. But it needs the addition of notes on
laws; your policy; the pre and post tests; the visual in-store
control tools (signs, buttons, decals, etc.); and your
instructions. The student adds these. from direction provided by
the trainers/facilitator.
The TAM's Employee Workbook component
tool. The student will be referred
fill in laws and notes; (2)
trainer/facilitator wants to highligh
review the TAM program in detail.
is the primary trainee
to the workbook to (1)
look at pages the
for reference, and ())
It is important for the trainee to be acquainted with the
entire workbook and notes in it for future reference.
The Workbook outlines all the material presented in the
Audio-Visual segment. and is designed to include all the
points made by the instructor. with notes on each problem
scenario.
The instructor must be thoroughly familiar with the TAMS
Employee Workbook in order to easily direct trainees to the
right pages for pre-test, note-taking, references, etc.
*
THE PO~T-TEST
If trainee cannot pass the Post Test, they should not be
allowed to handle the sale of alcohol. Additional training
should be given until the trainee passes.
NOTE OF CAUTION: Employees not fluent in both spoken and
written English will have difficulty with this test. Yet,
if they handle alcohol sales, they must understand the laws
and TAM. Verbal instructions and testing
MR\27C:7
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39
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in their own language will help, but if they cannot converse
with customers they will have great difficulty using TAM and
preventing illegal alcohol sales or other problems.
The final test answers should not be provided to trainees.
They must turn in completed test for grading and scoring.
You can use the test scores for compliance purposes, perhaps
requiring re-testing and retraining for those who fail.
* OBJECTIVES
The trainee needs to be
professionally:
able
to . do
these things
1.
Understand the laws and
consumers of beverage
local restrictions.
policy governing the sale to
alcohol, including state and
i
2.
Describe in det&il the major legal problems customers
present regarding beverag alcohol purchases.
3. Identify these beverage alcohol problems and describe
hot to deal with them as customers present them: under-
age, false ID, intoxication, second-party sale, after-
hours sale, on-premises consumption and theft.
4. Describe and act to handle both routine and unusual
problems created by these seven legal issues; and do
this in such a way as to protect Petroman, employee and
customers from danger, bad publicity, illegal actions,
legal jeopardy and damage.
5. Describe ways to maintain safety, keep control of the
store, maintain a positive image and good customer
relations, while handling beverage alcohol problems.
MR\27C:B
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FOLLOW UP
The real test of training effectiveness is employee performance
on the job. Make trainees aware of the need for total
performance on alcohol beverage problem -- handling. You will
provide the knowledge and motivation for this. The confidence
will come to trainees through practice and experience on the job.
You need to reinforce this training to ensure motivation and
application.
Part of the follow-up in this case should include pre-training
supervisors, managers and others. They are the ones who will
monitor the degree of employee performance. Managers and
Supervisors. in turn, will need to evaluate employee performance
following training. Their evaluation really begins with results
in the store: did trainees learn? Are trainees using what they
learned? and how effectively?
Evaluation needs
needs improvement
actions.
to be objective. It needs to identify what
and the possible need for re-training or other
*
Evaluate post-test
employee.
results;
review
errors with
* Evaluate on-the-job performance.
* Schedule re-training (or other action) if needed.
* ORDER MATERIAL
See Examples 2 and 3 for TAMS material to be ordered.
MR\27C:9
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EMPLOYEE'S AGREEMENT OF UNDERSTANDING
I agree to the following rules and company policy about the .ale
of alcohol beverages:
1. I will not sell alcohol beverages to any person under
the legal age. The legal ages for this store are:
Beer
Wine
Distilled Liquor
years old
years old
years old
If the person appears to be close
will ask for identification. If
about the person's age, I will not
to the minimum
there is any
make the sale.
age I
doubt
2. I will not sell alcohol beverages to any individual
during those hours when it is illegal to do so. The
legal hours of sale for this store are:
MondaY"'lFriday
Saturday
Sunday
to
to
to
3 .
I will not
adult for use
think this is
knowingly sell alcohol beverages to any
by individuals under the legal age. If I
happening I will not make the sale.
4. I will not sell alcohol beverages to obviously
intoxicated or otherwise disorderly individuals.
Employee's Signature
Date
Store Manager's Signature
Date
(This agreement will be maintained in your personnel file as part
of your permanen~ employee record.)
HR\27C:IO
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42
I.
EMPLOYEE AWARENESS FORM
(Supplemental to Employee Handbook)
Name
Supervisor
(Employee)
Station
Date
In operating any business
follow to be successful.
form and a signed copy of
there are certain policies and procedures we all must
We have listed some of the more important of these on
which will be maintained in your personnel folder.
this
If you have a question concerning any of these policies, please ask the station
supervisor for an explanation before signing the statement.
--- READ CAREFULLY
The following are policies and should be followed at all times:
When there is
in a security
Repeated cash
demotion.
No free merchandise is to be requested or received from salesmen.
Merchandise purchased from a vendor is charged in on an invoice and not purchased
for cash unless authorized.
All sales of merchandise (including gasoline) will be paid for and rung up in
full on the cash register at the time of purchase. Either unintentionally or
intentionally failing to ring an order may be grounds for dismissal.
Credit will not be extended to any customer or employee.
The cash register drawers will be kept closed except when ringing up a sale,
making change or when taking the required register readings.
There will be no exchange of merchandise for saleable merchandise with vendors.
A credit slip for returned merchandise must be obtained.
Merchandise consumed on premises or taken home should be recorded on "employee
purchase log" by some other station personnel whenever possible.
~ Sales receipts will be placed in the customer's bag or given to the customer
at the completion of his/her purchase.
II. Employees are not allowed to have pets on the premises.
12. No alcoholic beverages or cigarettes will be transferred from one station to
another without proper authorization.
No one is allowed to loiter on the premises.
Only authorized employees will be allowed to do any type of work in or around
the station.
15. Unauthorized personnel will not be allowed inside the station after closing
hours.
16. No television sets, outside reading, or personal projects are allowed to be
in the booth.
17. Special care is to be taken, when closing at night, to see that all locks are
secured and only security lights are left on.
18. Employees will be in uniform, properly dressed and ready for work at the scheduled
time.
1.
a cash or inventory variation,
interview.
or inventory variations may
you may be asked to participate
2.
result in discharge, transfer, or
3.
4.
5.
6.
7.
8.
9.
13.
14.
/' if I /
/C:}.~ '?;J
15
19. The cash in the drawer or register is to never be more than $75.00. All other
monies are to be in the safe and nowhere else.
20. No one but the manager or supervisor may authorize a person to leave a vehicle
at a unit.
21. Each written warning is to be signed by the employee.
22. Each employee must fulfill his assigned cleaning responsibilities.
23. All accidents will be reported to the manager and supervisor as soon as possible.
24. The wearing of a uniform when off duty is discouraged.
25. In the event of an armed robbery, no resistance is to be exercised.
26. Whenever a theft occurs (gas, money, grocery, etc.) the employee will contact
the police.
27. Every employee is responsible for the accurate recording of his/her own time
sheet after each work shift.
28. Failure to notify proper authority of an absence from work for 3 consecutive
days will be considered a voluntary resignation.
29. Company telephones are provided for company use.
Violation of any of the following will result in dismissal:
30. False statements, misrepresentations or fraud in completing the company application
form or any other official record.
31. Consumption or possession of alcoholic beverages or illegal drugs while on
company property. (This includes the parking lot and rear of station).
32. Embezzlement of or attempted embezzlement of company funds. (The company will
prosecute the offending person or persons to retain its losses).
33. Borrowing money from station funds. (This includes IOU's and personal checks
held for future deposit or redemption).
34. Criminal, dishonest, immoral or insubordinate conduct while on duty.
35. Profanity and/or abusive language by employees will absolutely not be tolerated
in any dealings with the public or fellow employees.
36. Discourtesy to a customer.
37. Intentionally overcharging a customer.
38. Intentionally overpricing merchandise.
39. Possession of guns, firearms or other deadly weapons on any company property.
40. Returning to the station after normal closing hours, except in an emergency.
41. Leaving or closing and locking the station after reporting to work for any
unauthorized reason, except at normal closing or shift change.
42. Selling alcoholic beverages to customers of illegal age and during illegal
hours.
43. Not following proper money drop procedures.
44. I fully understand that if I violate any of the foregoing company polcies and/or
procedures, I will be subject to immediate dismissal.
NOTE: Written rules cannot cover all conduct Which may be grounds for disciplinary
action. Improper conduct or work performance not specifically covered
by these rules or policies will be grounds for disciplinary actiou ranging
from written warning to discharge, dependiug on the facts of the particular
case and the employment history of the employee involved.
I have carefully read and fully understand the foregoing terms of employment.
Signature of Employee
Signature of Supervisor
)0--7'/
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16
PROBLEMS LEADI~G TO DISCHARGE FROM EMPLOYMENTlTHISLlSTISNOl'[C[SS4RIlIALlINClISIl'[,
1. Falsification of Application For Emplo)ment or of other Company records.
2. Arrhing late or absent from work.
3. Theft or other acts of dishonesty or carelessness which result in the loss of money, inventory or other Company
property.
4. Failure to follow money handling procedures such as not making money drops, leaving safes unlocked or not
keeping designated areas secure. ,
,
5. Consumption of alcoholic beverages, controlled substances or other intoxicants on the premise as well as
reporting to work under the. influence of same.
6. Insubordination.
7. Fighting. gambling or "horse pla)~' on Company property.
8. Abusive or discourteous treatment of customers including use of profane. obscene or abusive language or
gestures.
9. Failure to report to work as scheduled without notification and approval of supervisor.
J O. Bringing any !)pe of weapon or destructive de\ice onto Company property.
I J. Willful destruction or abuse of Company property.
12. Failure to check !D's where cigarettes and beer are offered for sale by the Company.
13. Violations of safe!)' rules.
1 'I. Failure to carry out assigned duties
15. Failure to wear designated uniform or other required Company identification.
16. Allowing thniolation of any federal. state. or local laws which would apply to the operations of the station or
sale of merchandise.
17. Ghing interviews or information regarding Company procedures. policies. or salaries to unauthorized agencies
or persons. (REQL.1RE PROPER !DE!'\iIFlCATlON IF AL."THORlZED)
NOlWITHSTANDING THE ABOVE STATED SUPERVISOR GUIDEliNES, IT IS UNDERSTOOD THAT
EITHER TIlE COMPM'Y OR THE EMPLOYE MAY TERM:INATE TIlE EMPLOYMENT RELATIONSHIP
AT ANY TIME. FOR ANY REASON.
NO REPRESENTATIVE OF THE COMPANY HAS ANY AUTHORITY TO ENTER INTO ANY
AGREEMENT FOR EMPLOYMENT FOR ANY SPECIFIED PERIOD OF TIME, OR ASSURE
ANY OTHER PERSONNEL ACTION, OR TO ASSURE ANY BENEFITS OR TERMS OF
EMPLOYMENT OR MAKE ANY AGREEMENT CONTRARY TO THE FOREGOING.
/0-7.5'
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\
DO empty all trash containers regularly.
DO be: certain that all gasoline and other price signs are in place with proper numbers.
DO turn on all outside lights and signs at dusk.
DO displayadvenising materials furnished orauthorizc:d by the Company ONLY. All diny or outdated materials
shall be: removed. NO HANDMADE SIGNS.
Cenain actions will discourage customers
from trading with you.
TIiE FOllO~1NG ARE mE "DON'TS"
DONI
DON'T
f DON'T
DON'T
DON'T
DON'T
DON'T
DON'T
DON'T
DONI
DONI
{
allow alcoholic bC\'erages or other controUed substances to be: consumed on Company propc:ny.
allow "horsepla~" or other disorde!'Jy conduct.
brinl! radios, 1Vs, games or reading materials on station propc:ny. (Your cash handling, customer 5(
and station operations wiU require your undivided attention.)
allow prolonged \isiting or telc:phone conversations with friends or relatives
allow loafmg on station propeny.
allow distribution of printed materials other than those: provided by the Company.
allow the posting of handbiUs. decals or other materials not pro\ided or properly authorized by the
Company.
park your car outside of the area designated as employe: parking.
perform mechanical 5er\ices on any vehicle on Company propeny.
remain on station propc:ny after completing your shift.
BRING WEAPONS OF A;\'Y TI'PE ON TO STATION PROPERTY.
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TEXACO INC.
EMPLOYEE'S AGREEMENT
OF UNDERSTANDING
I agree to the following rules and company policies about
the sale of alcoholic beverages:
1. I will not sell alcoholic beverages to any person under
the legal age. The legal age for the state of California
is :21 years.
I will ask for identification on all alcohol related
transactions. If there is any doubt about the persons age,
I will not make the sale.
2. I will not sell alcoholic beverages to any individual
between the hours of 2 am. and 6 am.
3. I will not knowingly sell alcoholic beverages to any adult
for the use by individuals under the legal age. If I think
this is happening I will not make the sale.
4. I will not sell alcoholic beverages to obviously intoxicated
or otherwise disorderly individuals.
5. After viewing the training film, I have a complete understanding
of Texaco Inc. policies toward the sale of alcoholic beverages.
Employee's Signature
Date
Store Manager's Signature
Date
Trainer Signature
Date
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Attachment IT
Clerk's Affidavit
. Alcoholic neyerage Control (ABC) Laws
Part 1: REVIEW OF L~WS (clerk must rea.dand understand these laws)
- -/'
(1) Sales to UDdera~ Person5
You may not sel1 or give any alcoholic beverage to any person under the age of 21
years. You may notpennit others to give alcoholic beverages to any underage person. If you
break this law, you may be arrested and cbarged "'1th a crime. If convicted, you may be
Jined a maximum of $1,000 and/or ordered to do up to 32 bours of community service.
(2) Undera2e Person! \\'ho Purcnase Alcoholic Bev'era2e5
A customer under the age of 21 years may not buy alcoholic beverages. A customer
breaking this law may be arrested and charged with a crime. If convicted, the customer may
be fined a maximum of $1,000 and/or ordered to do up to 32 hours of community service.
In addition, the underage customer may have their driver's license taken away or delayed
for one )'ear.
(3) Undera2e Pen;ons \\'ho Trv to Purcnase Alcoholic Bevera2e5
_ ~ A customer under the age of 21 years may not try to buy alcoholic beverages.. If a
customer breaks this law, they m<lY be cited and charged with a crime. The customer may
be fined up to $250 and/or ordered to do up to 36 hours of community service. In addition,
the underage ''c1,lstomer may have their driver'.s license taken away or delayed for one year.
(4) Checklnl! Identfficatlon (I.D,}
... -
.... .
'.~: - 'If you ask for and see, bona fide (legally acceptable) 1.0. before you sell an alcoholic
. _ be':Crage to ~ customer, you can defend yourself against a charge of selling alcoholic
beverages to an underage person. An 1.0. is legally acceptable if it: ' .
. Is issued by a govemmental agency (such as federal, state, county or city)
. Contains the /lame of the person
. Contains the date of binh of the person
. Contains a de,scn"ption of the person.
. Contains a photograph of the person
. Is currently valid (in other words, not expired)
Specified by S'Ule or California. ABC (10191)
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~ Examples of legally acceptable LD.'s are:. a driver's license, state-issued 1.0. card,
Federal military 1.0. card, _ . . . ( g- r ~ .: .. -
~ ....
.._ w-
Caution: The picture and physical description on the 1.0. must match the customer.
If the 1.0. is altered or mutilated, it is Dot acceptable. You must check a cu.stomu's J.D. CYt?
- timL j"OU seU alcoholic bo'erages to thaJ cu.stcmu. .
Examples of unacceptable 1.0.'5 are: temporary driver's licenses, Don-photo driver'~
licenses, birth certificates and school or work LD. cards.
(5) Rou" of Sale
You may only sen alcoholic beverages .from 6 am. on one day until 2 am. on the
fonowing day. If you break this law, you may be charged with a crime. If convicted, you
may be fined up to Sl,OOO and/or sent to county jail for up to six months. Caution: Some
stores must stop selling alcoholic beverages earlier than 2:00 am. because of local laws or
special conditions (restrictions) on the ABC license. You must obey any special conditions.
if )'Our 'store's ABC license has them. Otherwise, the ABC license at your store may be
taken away.
~..
-'
(6)
Sales to Ob,iouslv Tntnxicnted Persons
,
You may not sell or give ony alcoholic beverage to ony person who looks or acts
illJoricated (even if they are not driving). If you break this low, you may be arrested and
charged with a crime. If convicted, you moy be fmed up to $1,000 and/or sent to county jail
. for up to six months. If you sell or give !lny alcoholic beverage to an underage, obviously
intoxicated person, you' may be sued by !lny person injured by the underage person.
-"
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(7) ABC License Prhile2es
-----.. -
_. -_..---:; .--C' You or your 'customers may not drink alcoholic beverages ill your store or on adjacell.t '.'
.property immediatel,y outside your store. This includes before, during or after your shift. All .
_alcoholic beverages you sell must be in sealed, unopened bottles, packages or containers.
You may Dot sell an alcoholic beverage to a person if you know thauhey are going to re.sell
.the alcoholic beverage to someone else. You may not sell more than S2 gallons of wine or
be~r to anyone customer at anyone time. If you break these laws, the ABC license at your
store may be taken away.
.'. -
..
!
I
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S,pecified by State of California, ABC (10191)
. /o~ 7;
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.
,
Part 2: CLERK'S PRIOR VIOLATIONS (clerk must check. one)
. .
. I 1UJ.', /!.n'.r been convicted of violating any law in the Alcoholic Beverage Control Act
- (such as selling an alcoholic beverage to an underage or obviously intoxicated
- person).
I 1UJy, bem convicted of violating a law (or laws) in the California Alcoholic Beverage
Control Act (such as selling an alcoholic beverage to an underage or obviously
intoxicated person). [If you checked this box, please explain in full what happened.
_ _ Use the space below or a separate sheet of paper, if necessaxy.] .
.(
-
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J.-
--
_ . Part 3: DECL-illATION UNDER PENALlY OF PERJURY (clerk must complete this
_ _._ section)
. .
I'have read and understand this affidavit I swear that all statements I have made
in this a.ffid"vit are true. I swear th"t I signed this affidavit, on the date stated, under
~"penaltyof perjury". I'understand that if I did not tell the truth in this affidavit, I may be
found guilty of the crime of lying.
-.
Date
Signature of Oerk
--- -_. :..- .
-.. -~""::" ---
.
...;.. Name of Clerk (printed) ..
- . . -': -':::... ~-=.: . --
.-."--- . .
-- .
Home Address
Work Telephone
u
Home Telephone
Specified by State of Califoroia. ABC (10191)
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Attachment III
Part 4: ACKNOWLEDGMENT OF LICENSEE (employer must complete this section)
I have reviewed the attached "Clerk's Affidavit" with the person who signed it. I
will keep a signed copy of the "Clerk's Affidavit" at: (show address where "Clerks
Affidavit" will
be kept):
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I understand if I do not have a signed "Clerk's Affidavit" for every person who sells
alcoholic beverages in my store, the ABC may discipline my license,
"7 -IS-9>r-
Date
natur~ of Licensee (or Licensee's Agent)
~~
ABC License Number
/?).-%/
(/1 '
---
Specified by Stale of California, ABC (10/91)
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Te-x2CO
CHOOSE CHOOSES TRISH PALAZZO
citizens Helping Oceanside obtain a Sober Envirornment has
picked our Food Mart Manager, Trish Palazzo, as their
contributor of the month. Trish and the store received
recognition at a luncheon on April 22, 1992 plus a nice
trophy. Word has it Trish and her crew 10ed an off duty
police officer. No 10, No beer! Policeman went home to
get his 10. Choose now has an interest in the quality of
our TAM classes.
Congratulations to Trish and her Team at Oceanside.
.
. Hicks
WTH/dc
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,
purpose
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CHOOSE Is a communitY-based prevention
program dedicated to reducing alcohol
and other drug problems In oceanside.
CHOOSE prevention strategies are designed
to address these problems at multi-levels,
Including the Indlvldual,group, organization,
communitY and environmental.
CHOOSE has established a communltY-wlde
coalition of key agencies, programs and
organizations to fulfill Its mission. Through
this collaborative approach, CHOOSE Is
striving to create changes In systems,
social contexts and settings Intended to
promote the adoption of health enhancing
behavior, the reduction of health com-
promising behavior and the maintenance
of safe and healthy environments.
\
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,
.
<;A'!.:i_.~~:;; ~::--:A,- ~'.fT~_t ~~
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c '-'Me ~Et"'Ot--.\ 'f:\, \4.0~(A)(~)
1'.14.030 :r-"" -..lnl___~ ~ wiEbout public be.uiua.
Tbe Zonlns Administrator iI luthorized to tOlllider and to Ipprove, dilapprove or modify applications
on the foUowinSl1lbjeca, ancl/or iAue the foUowina required peraUlI without Mttin, the maner for a public
burin,:
A. Conditional IIH permit: 1be ZonlnS Administrator Ihall be empowered to ilsue tonditional we
permits, U defined herein, in the following dmunstances:
1. Where the IIH to be permitted does not involve the constnlction of I new bllildins or other .
eubstantial Stnlctw'l! improvements on the propeny in question. '
2. WheTe the use requiring the permit would inalte use of an existins bulJdinsand does not involve
I1lbstantial remodtlinS thereof.
3. Por liens. u defined herein, and tempol'l/)' tract houses, u limited herein.
4. The Zonlng Administrator iI authorized to consider and to Ipprove, deny, or modify applications
for tonditional use permits for umivals and ciraaes. The Zonlng Administrator Ihall let the
maner for pu blic hearinS in the manner provided herein.
5. Chlll'Chn.
6. Establishments that include the tale of altoholic beverages for olr'lite use or consumption,
loclted in the C.N zone. The Zonlng Administrator lhall hold a public hearing in Iccordance
with Sections 19.14.()6().19.14.090 upon living notice thereof in Iccordance with Sections
19.12.070-19.12.080. A conditional use permit Ihall not be granted unless the Zoning
Administrator or other ilsuing authority finds in his or her lole discretion, and based on
lubstantial evidente in view of the entire record, that III of the flcu required by Section
19.14.080 exist, and that Ipproval of the permit will not result in an overconcentration ofluch
facilities. Overconcentration may be found to exist based on (1) the number and location of
existing facilities; (2) compliance with State Alcohol Beverage Control overconcentration
ltandards in eCect It the time ofprojKt consideration; (3) the impact of the propoted facility on
aime; and (4) the impact of the proposed facility on traffic volume and traffic flow. The Police
Department or other Ippropriate City departments may provide evidence at the hearing. A permit
to Operate may be restricted by any reuonable conditions including but Dot limited to limitations
on houn of operation.
Tbe City Council .hIll be informed of the decision on each .uch permit by the City Clerk when
the decision iI filed in Ictordance with Section 19.14.090. The decilion of the Zoning
Administrator may be Ippealed.
Such Ippeallhlll be cl.irected to the City Council, rather than the Planning Commission, and must
be filed within ten (10) days after the decision is filed with the City Clerk, as provided in Section
19.14.100. llappealed within the time limit, said appeal shall be considered in a public hearing
conducted by the City Council, in the same lIWUIer U other IppealS punuant to Sections
19.14.120 and 19.14.130, euept that the Council must m<e the same written findings required
of the ZoninS Administrator herein, in order to IfII\t the permit.
.
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1113
/'
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(R 9/92)
.
THE Cln ,..'F CllUL4 VIST.4 PARn" DISCLOSUkE STATEMENT
,
St:ltcment of disclosure of c.:rtain ownership int.:rcsts. paymcnts, or c:.Imp:lign contributions. on all mattcrs
\\l1idl \\ill r~qllirc discrl.tionary action on the P:lfl. 'llthc City Council. Planning Commission. :l!1d all 0'
"fll,i:1I hndies. The following infmmatinn must be disdosed:
1. List the n:.lmes of all p.:rsons having a financial inter,:sl In the contract. i.e., mntraclur,
suhcontractor. material supplier.
TRYAr.o RF.FTNTNr: & MARKETING. INC.
If any person id~ntjfi~d rursuant to (J) :Ihovc is a corp"rati,:" ,.r p;lftnership. Jistthe namcs of all
II1di"iduals owning I11me th:1I1 10\;- of the sh:lrcs in till' corporation or owning uny partn~rship
il1ler~st in the p:mn~rship. .
NO 1>F.ll~ON OWN~ MORF. THAN 10% OF SHARES
:<. If any person identified pursuant to (1) ahove is non.profit organization or a trust. list the names
of any person sen'ing as director of the non-profit organization or as trustee or beneficiary or
trustor of Ihe trust. '
)J1"'l'T' A'D'Dl TrAlH P
4.
J-I:I\'~ YOll h:ld more th:.ln 5250 worth of husiness trans:.lcled wilh any member of the City Sl:.l,.,
BO;lrds, Commissions, Committe.:, and COllncil within th.: past twelve months? Yes
'\D -X.... If yes, plt-asc jndicat~ pcrson(s):
<
I'lcasc ilknlify e:lch and ewry person. indllLiing any agents. ~mployees. consllltallls or inder~nd.:nt
CnntLlCtms who you h;I\'e assigned to n:prcscnt you hdore the City in this mattcr.
FRED FIEDLER & ASSOCIATES GARY ENGINEERING, INC.
2322 WEST THIRD STREET 4901 MORENA BLVD. SUITE 304
LOS ANGELES. CA 90057 (213) 381-7891 SAN DIEGO. CA 92117 (619) 483-0620
ATT'N. : MR. PATRICK FIEDLER ATT'N. : MR. ROBERT G. FAUDOA JR.
Have you and/or your offjc~rs or ag~nts, in th~ aggrrgate, contributed more than S 1.0()() to a
c.Juncilmemher in the current or prec~djng election pcriod'! Yes _ No --.!. If yes, stall' which
Councill1l.:mhc:r(s):
h.
rV"( III j, <.h:finL'J :IS: :411Y intli\'Jillllll.firm. ('o*J'tlrlllt'rs!lll',jolllf "('III11Il', O:,.Wci,Uioll, .HJci,1I cluh. frtl/C'l1wl nrgnl1iZtlfiOll, corpormiOl1,
L~:/lil.'. Irm,. It'Celn'r. .\~..,Zt.'/I.:IJ1('. 1/1I.\ liIlil tiny 0111('1' (f)ilJl~\'. (ilY tmt/ ftJlIIW)'. d(l". 1Il1ll,icil'(jIi~\'. .1i\l,iCI or OIhl''' polilit'1/1 JlIhtlil'i\;o11.
fIr .:ny 0;;,.., grollI' Of an"hWllfioJl tI({l11g fI~ lIlIlI;I."
, 'VI'E.' \ "
r lIal'h oludili\lll:lI p~I,!;L'\ as Ih.'rC\"'aI'Y)
/tJ ~ry
~/
Sigllallln: of Cllntrartllr/applicant
ROBERT G. FAUDOA JR. PROJECT MANAGER
GARY ENGINEERING, INC. 4901 MORENA BLVD. #304
Print "r typl' n:lflJC of ,.""tLlrh'r;:ll1rliC:lI1t lc ./
SAN DIEGO, CA 92117 (619) 483-0620 111"''''.1 1 'fl' ,
[);i1l'; u-r~h 14 1991
""'~ .
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On June 1, 1993 Chula Vista city Council will discuss
the approval of the Texaco Station car wash, mini-
market with the sales of alcohol. This Texaco Station
is located at 1498 Melrose Avenue-Chula Vista, Calif.
There are four alcoholic outlets in this area within
100 feet ~E each other. This Texaco Station will be
the fifth alcoholic outlet. Do you want another alco-
holic outlet in our neighborhood? If not, please sign
this
.
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On June 1, 1993 Chula Vista City Council will discuss
the approval of the Texaco Station car wash, mini-
market with the sales of alcohol. This Texaco Station
is located at 1498 Melrose Avenue-Chula Vista, Calif.
There are four alcoholic outlets in this area within
100 feet ~E each other. This Texaco Station will be
the fifth alcoholic outlet. Do you want another alco-
holic outlet in our neighborhood? If not, please sign
this petition.
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On June 1, 1993 Chula Vista City Council will discuss
the approval of the Texaco Station car wash, mini-
market with the sales of alcohol. This Texaco Station
is located at 1498 Melrose Avenue-Chula Vista, Calif.
There are four alcoholic outlets in this area within
100 feet ~E each other. This Texaco Station will be
the fifth alcoholic outlet. Do you want another alco-
holic outlet in our neighborhood? If not, please sign
this petition.
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Jan. 14. 1993
City of Chula Vista
Subject, Findings of request to sell alcoholic beverages at 1498
Melrose Avenue, Conditional Use Permit PCC-93-10.
This is to appeal the decision made by the Planning Department on
Jan. 7, 1993 regarding to alcoholic beverages sales at 1498
Melrose Avenue. Our feelings are as follows,
1. Traffic impact:
First of all, we doubt the true representation of City Traffic
Flow Chart, which had been surveyed before Orange Village
Plaza was renovated before August, 1991. Second, the finding of
increased traffic "by approximately 150 vehicles per day" is only
an estimate. It could be much more than 150 vehicles per day. We
doubt it would be less than 150 vehicles per day only. Third, the
increased traffic of more than 150 vehicles per day will
concentrate at the "rush hours" when Flohr's Elementary School
students crossing the streets.
2. Overconcentration of alcohol sales facilities'
Though the State Department of Alcoholic Beverage Control
indicates that "The site at 1498 Melrose is within a census tract
wherein the optimum number of licenses is nine and the number of
licenses already issued is eight." And the Planning Department
finds "Therefore, the issuance of a license to Texaco would not
result in an overconcentration of facilities according to the ABC
standard." and "Consequently, it is not belipved that the
approval of Texaco's application will contribute to any real or
perceived degradation of neighborhood character resulting from an
overconcentration of alcohol sales establishments."
However, the potential added fifth facility will be among "a
grocery store, a convenience market, a liquor store and a bar"
within 300 yard radius of each other. If this is not
overconcentration, what is overconcentration then? One next to
each other?
3. Impact on crime:
The findings according to the Planning Department indicates "the
existing liquor store and convenience market on Melrose Avenue
are hangouts for juveniles, and that it is common practice for
alcohol to be purchased for them at these two locations." TIlE'
liquor store and the convenience market are being blamed for no
ground. The operators of these two stores constantly fight the
situation and prevent any illegal gang activities. Now that not
only they are not being credited and recognized for their
efforts, but being blamed for what has happened. Which also just
proves that our opinion that the Texaco garage/station does not
attract juvenile gangs but a Texaco mini-mart will definitely do.
The crime occurrences in our neighborhood is well below the 120%
rate (commonly used to identify a high crime rate area). But, we
wonder that "Do the Police Department and the Planning Department
wish and enjoy to see that our neighborhood becomes and reaches
1207. crime rate a.rea in the future?".
1
/ ()/~;A
/
In summary, we feel the renovation of Texaco garage/station to a
mini-mart/car wash in our neighborhood has great potential
effect to change our life quality and the changes are much more
negative than positive.
We urge the city Council to hear the voices from the residents
and busjness people in the neigh~orhood, rather than just the
"regulation findings" from various government organizations.
J /
(~~_.~f~<-e/
charles Frega~ane f
J;l.dAt'7
Jack Meng
/.-;,/
nit:r-'9!0/..:; . ~^,~n___
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Ron Muc
2
/0/7;1
To:
Subj: (1)
(2)
Ref: (a)
(b)
(c)
Encl: (1)
(2)
(3)
(4)
(5)
(6)
June 1, 1993
Chula Vista City Council
Conditional Use Permit PCC-93-1O; Request to Sell Alcoholic
Beverages at a Proposed Mini-Market with Gasoline Sales and Car
Wash at 1498 Melrose A venue
Conditional Use Permit PCC-91-24; Request to Establish a Mini-
Market with Gasoline Sales and Car Wash at 1498 Melrose Avenue
Public Hearing Held by the Zoning Administrator on October 1, 1992
Meeting with Texaco representatives and neighborhood personnel on
May 18, 1993
City of Chula Vista Planning Department letter to Texaco Refining
and Marketing, Inc dated January 7, 1993
Letter to City Zoning Administrator dated October 1, 1992
Site Plan of Proposed Expansion
Map of Immediate Area Showing Locations Currently Selling
Alcoholic Beverages
Bus Schedule for Route 701
Bus Schedule for Route 703
City Planning Map with Reported Crime Area Circled
On October 1, 1992 I attended the public hearing in reference (a) and on May 18,
1993 I attended the meeting in reference (b). After attending both meetings, I am
still opposed to the expansion of the Texaco station as proposed by Conditional
Use Permit PCC-91-24 and Conditional Use Permit PCC-93-1O. I feel that the
concerns raised in enclosure (1) are still valid and unanswered. As I have received
further information, I am more convinced than ever that this expansion is not
needed and is not desirable.
1
/0 ~;Ji
One of the statements from reference (c) is that the "C-N zone is specifically
designed to provide convenience shopping for the surrounding neighborhood
areas" is of particular interest to me. The C-N zone is intended to be a
neighborhood commercial zone. The existing shopping center is no longer a
convenience to the neighborhood; instead, it has become a nuisance because of the
number of people shopping at this center. The people from the immediate
neighborhood are being forced to go elsewhere. Parking has become a problem,
traffic is a problem.
I believe, based upon my observations, that the data used to determine whether or
not these two permits should be granted was seriously flawed. The figures used
for traffic are low and probably based upon counts taken prior to the expansion of
the Lucky Market and the opening of I-54. The crime statistics are misleading.
The number and location of places selling alcoholic beverages is misleading.
I also see nothing positive that will be gained by the expansion of the Texaco
station. One of the considerations for the approval for the sale of alcoholic
beverages was 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." What will be gained by this project except for
increased traffic, increased potential for accidents, and increased potential for
crime? I don't see how the city will benefit from additional sales taxes; people are
only going to buy so much from mini-market and convenience store; instead of
increasing sales and thereby sales taxes, sales would be taken from existing
businesses which have been in the city of decades and which have a commitment
to the neighborhood; which Texaco does not have. As far as generating additional
jobs, how many jobs would be generated and at what level? I see less than 10
additional low-paying jobs being generated.
I am also unhappy about the attitude that was presented by the Texaco
representatives at both meetings. In particular, I disliked the lawyer representing
Texaco stating that they were a class act and might drive out one, or more, of the
sleazy" businesses now selling alcoholic beverages in this area. I have never
considered the Lucky Market or the 7-Eleven to be sleazy. I don't think the other
two businesses are sleazy. I didn't think Chula Vista had any sleazy businesses.
2
/t)-7'~
Traffic Problems
First, it is my belief that the traffic figures used in reference (c) are seriously
inaccurate. This report states that there are currently 750 vehicles per day now
using this intersection. Based upon my personal observations, this figure is no
where near the actual traffic figures. I have counted from 20-65 cars traveling
through the intersection while I have waited for the left-hand turn light to change.
Using a low figure of 20 cars during approximately 2 minutes of waiting, this
equates to 600 cars an hour. This is well over the 750 cars per day reported to the
zoning administrator.
The buses also account for a significant number of trips through this intersection.
Enclosures (4) and (5) show a total of 117 trips through this intersection; route
701 outbound accounts for 34 trips, 701 inbound for 35 trips, 703 outbound for
25 trips, and 703 inbound 23 trips. If you subtract 117 from the reported vehicle
traffic per day, this only leaves 633 vehicles.
In addition, reference (c) estimates that there will be only 150 additional vehicles
per day as a result of the Texaco expansion. I can not believe this figure either.
Texaco would not be expending the amount of money needed to remodel this
location, if they expected to attract this few customers. However, if the two
figures are accepted, this would an increase of 20%. This is not, as implied in
reference (c), an insufficient increase in traffic.
Another consideration which has not been addressed is the location of existing
Chula Vista Transit bus stops. Both the 701 and 703 bus pass through this
intersection. The 701 bus has a stop directly in front of the 7-Eleven on the east
side of Melrose Ave and across the street on the west side of Melrose Ave. The
703 bus has a stop directly across from the Texaco station on East Orange Street
and just past the Texaco station on the north side of East Orange. I see dangerous
traffic conditions being created if the expansion is approved and the streets are
widened into an additional lane only at the Texaco station.
Other items which have not been considered include the building of a new library
at Fourth and East Orange and the future expansion of East Orange to the
Olympic Training Facility. Both of these will increase traffic.
3
J/J--'/?
Insufficient Access
In enclosure (1), I expressed concern over the access to and from the Texaco
station. The solution proposed by Texaco scares me, I do not see it as a solution
to the problem; but as creating further problems. I think that the potential for
accidents will be greatly increased by adding an additional 11' wide traffic lane on
Melrose and a 9' lane on East Orange only at the site of the Texaco station.
First, an probably the most important fact, widening these two streets will cause
insurmountable problems with those people attempting to walk across the street. It
is already difficult to cross this intersection. Despite having signal lights at this
intersection, the elementary school puts the student safety patrol at this
intersection. There are a significant number of elementary school students who
live in the apartments beside the shopping center or in the condominiums at the
back of the shopping center. If this proposal, and the existing plan, is approved
people crossing the street will no longer have to cross through a total of five lanes
and the dividing island; but will have to cross at an angle caused by the 11' and
9' setbacks. For those who must walk across this intersection this seems like a
deadly solution.
Enclosure (2) shows the site plan for this proposed expansion. It shows a single
entrance/exit on each street. A close look at this plan shows that the majority of
vehicles exiting from the Texaco station will be exiting on Melrose Ave; the car
wash exit is located by the Melrose exit. People will be exiting on Melrose rather
than driving around the mini-market and gas pumps to exit on East Orange.
Melrose was never designed for this amount of traffic or for this use. Melrose has
a single lane going in each direction. There is no way that Melrose can be
widened without destroying those houses, condominiums, and businesses which
face Melrose. Widening Melrose at the Texaco station is not a solution since the
majority of vehicles on Melrose are going to turn east onto East Orange. Those of
us who are going to go straight on Melrose are going to find ourselves facing the
same unsafe conditions that existed prior to the addition of the left-hand turn lane;
vehicles racing us through the intersection, illegally passing on the right-hand
side.
4
/IJ.~ '7 /
It is obvious, that if this expansion is allowed, the V-turns currently prohibited are
going to have to be allowed. This should eliminate one of the unsafe conditions
that now exists for vehicles traveling east on East Orange who wish to enter the
Texaco station; they should make a V-turn rather than driving of the wrong side
of the dividing island. But it will not provide a solution for those persons who exit
on East Orange who want to travel east and who are now driving diagonally
across both lanes and making a V-turn around the island. In fact, widening the
street and moving the entrance/exit closer to the intersection will mean that people
will have further to cross and this, in turn, will increase the potential for
accidents.
Environment Issue
Reference (c) stated that the expansion was exempt from environmental review
because it is a minor alteration in land use. It is my belief that traffic is an
environmental concern.
Crime
I have a real problem with the crime statistics used to determine whether or not
this expansion should be allowed. I especially had a problem with the police
officer present at the October I, 1992 meeting stating that there was "an
acceptable level of crime." I can not believe that any crime is acceptable,
especially to the police. When is crime acceptable?
Look at the crime facts presented at the October meeting. There was a 44% crime
rate for the police beat and a 56% crime rate for the census beat, at first look it
would seem that this is a 12 % increase in crime for the smaller area; in reality
this is a more than 20% increase.
Also, how can you compare a specific number (70) against a percentage. The
amount of crimes reported for a less than 9 month period was 70. Enclosure (6)
provides a perspective for considering this "acceptable level of crime". This map
shows that there are only about 70 residences within this circled area. There are
under twenty businesses also within this area. This equates to approximately 75 %
5
/pr71~
of the businesses or homes being victimized. That seems to be a fairly large
percentage.
This also does not include crimes committed since September 24, 1992 including
the armed robbery (by shotgun) of the Lucky Market, the armed robbery of the
coin operated laundry, the robberies of the Little Caesar, and the robbery of the
Texaco station. It also does not include the break-in of my garage or the attempted
break-in of my house.
Texaco seems to answer all crime concerns with the same argument; that they
check the ID of all persons purchasing alcoholic beverages and that their site plan
discourages loitering outside their business. I have no problem with the checking
of IDs, I am sure that all of the local businesses selling alcoholic beverages follow
appropriate procedures. I also don't care whether or not people are loitering
outside the Texaco station. Past practice has been shown that people are not
hanging out the businesses drinking and disturbing the peace. Those people who
are loitering, drinking, and causing problems are hanging around the various cul-
de-sacs in the neighborhood.
Locations Currently Selling Alcoholic Beverages
Within one square mile there are already a sufficient number of locations selling
alcoholic beverages. In enclosure (1), I mentioned six locations; two in the Lucky
shopping center surrounding the Texaco station, the Lucky Market and the liquor
store; two across the street, the 7-Eleven and the Scoreboard Bar; the 7-Eleven
and the OurStore at the intersection of East Orange Street and Hilltop Drive.
Additional stores also exist within a square mile, there are a mini-mart and liquor
store at the corner of Hilltop Drive and East Rienstra Way. There is also a liquor
store and 7-Eleven at Main Street and Melrose Avenue.
There is a limited number of C-N zones within this area. Going from L Street to
Main Street on Hilltop Ave shows that the only C-N zones on Hilltop are the ones
at East Orange and at East Rienstra Way, both of those areas have two businesses
which sell acholic beverages. Going from L Street to Main Street on Melrose Ave
shows that the only C-N zones on Melrose are the ones at East Orange and at
Main, the location at Main Street has two businesses which sell alcoholic
6
/1)/5';
beverages. The only other C-N zone that is in this area is on Brandywine which
has two businesses which sells alcoholic beverages. The only C-N zone which has
more that two businesses which sells alcoholic beverages is the location at
Melrose A venue and East Orange Street which currently has four locations, and at
which Texaco proposes to add a fifth.
Handicap Access
I am also becoming more and more concerned with the current trend to eliminate
all full-service pumps at gas stations, and, to replace the traditional service station
with those which have a single cashier. People with handicap placards are entitled
to have gas pumped except for those service stations with a single cashier. The
Texaco station currently has a full-service pump, with the proposed expansion,
this will be eliminated. Handicapped individuals will not be able to have assistance
at the Texaco station.
In conclusion, I have tried to look at this proposed expansion with an open mind,
I have listened to the arguments by Texaco and I am not satisfied. I looked at the
site plan and the proposal to widened the intersection and I see that the problems
more than outweigh any positive benefits. We do not need a mini-market at this
location. We do not need an additional outlet for the purchase of alcoholic
beverages. The only thing to be gained by this expansion is the car wash; and that
is a dubious gain since prior to Texaco acquiring this site, the service station
owners allowed various youth groups including the Castle Park Band, Boy Scouts,
and Little League to hold car washes on their property; in my opinion this
community service was of greater value than a permanent car wash.
I can not accept Texaco's statements that beer and wine will account for only 10%
of their sales and without this item they would not break even. I can not believe
that Texaco would buy a service station and pay 1.3 Million for expansion for a
business in which they expect only 150 customers per day and will only break
even.
7
/ ,?? - / O()
I do know that regardless of the outcome of these proposals, I will not shop or
buy gasoline at the Texaco station. I prefer to support those businesses who have
shown a commitment to Chula Vista and which have provided me with service in
the past.
Chula Vista, CA 91911
8
/I)//v'/
1 October 1992
City Zoning Administrator:
I would like to go on record as opposing any remodeling of the Texaco
Station located at 1498 Melrose Ave. There are several valid considerations for
not approving any change to this address:
1. Traffic Problems
2. Insufficient Access
3. Crime
4. Too many locations currently selling alcohol
5. Mini-market not needed
1. Traffic Problems.
The Texaco station is located on the northwest corner of Melrose Avenue
and Orange Avenue. The traffic at this intersection has greatly increased in the
last two years. This can be directly attributed to two recent occurrences: (1)
the opening of I-54 linking I-80S and 1-5 and (2) the expansion of the Lucky
Market.
There are only three on-ramps to 1-805 from this area; L Street, Orange
Avenue, and Main Street. Residents between Palomar Street and Talus Street
will usually travel Melrose Avenue to access 1-805 rather than electing one of
the other two on-ramps.
The Lucky Market also attracts residents from outside the immediate
neighborhood. This market is always crowded and the parking lot is usually
full.
The make-up of the immediate neighborhood also results in a significant
number of cars traveling this intersection. To the north of this intersection are
condominiums. To the west are a large number of apartments. The portion of
the neighborhood which is single resident homes has a high occurrence of cul-
de-sacs.
1
Enclosure (1)
/tJ,~/!)2
2. Insufficient Access.
Melrose A venue is a two lane street, one lane of traffic in each direction
with a very short left turn lane (five cars maximum). Orange Avenue does
have two lanes of traffic in each direction, but it has islands dividing traffic.
The island west of Melrose Ave extends beyond the property line of the Texaco
station. V-turns for traffic traveling east is prohibited.
To access the Texaco station traveling east on Orange, vehicles must turn
left onto Melrose Avenue and make a left-hand turn through those vehicles
waiting to turn left onto Orange (V-turns are prohibited and dangerous).
Access going west on Orange Avenue can be made by making a right-hand
turn. Access from Melrose going south would require a right-hand turn.
Access from Melrose going north would either require making a left-hand turn
onto Melrose through oncoming travel or making a left-hand turn onto Orange
and then making a right-hand turn immediately.
Leaving the Texaco station is a major hazard. Because of the divided
highway, only those vehicles going west on Orange can exit from Orange
Avenue. All other traffic would require exiting onto Melrose.
There are already vehicles exiting of entering the Texaco station breaking
the law. Either cars are making illegal V-turns onto Orange, making illegal V-
turns around the western end of the island, or entering the Texaco station by
driving on the wrong side of the street.
3. Crime.
We currently have problems with minor criminal acts. In the last six
years, the brick fence in front on my property has been hit twice by cars, the
last time when the driver tried to run-over a person in front of my property.
My house has been broken into twice and there have been a least two attempted
break-ins. Graffiti has been painted onto my fences and sidewalk. The tire on
one of my cars slashed, the back sliding glass door shot with a pellet gun, the
battery on my car stolen, and our locking mailbox destroyed.
We currently have problems in the neighborhood with people who don't
belong in the neighborhood hanging out in Slate Court late at night drinking.
Associated with this drinking is loud noise and vandalism.
I have every reason to believe that the remodeling of the Texaco station
will increase the current problems in the neighborhood.
2
Enclosure (1)
J/Jr/tlJ
4. Too many locations currently selling alcohol.
Presently at the intersection of Melrose and Orange, we have more than
enough places which sell alcoholic beverages. On the northwest corner of
Melrose and Orange, surrounding the Texaco station, there is both a liquor
store and the Lucky Market which sells alcoholic beverages. On the northeast
corner, we have a 7-11, which sells beer and wine, and a bar.
If you go west on Orange, there is another 7-11 and a mini-market which
sells alcoholic beverages.
Considering the close proximity of the Rohr Elementary School, this
would appear to be an excessive number of sites.
Also at the City Council meeting when the third public hearing on this
expansion was once again proposed, the City Council stated that there were
already too many places selling alcoholic beverages. At this meeting, I was led
to believe that this issue was dead, that the permit would be denied.
5. Mini-market not needed.
I have no idea why we need a mini-market at this intersection. If
someone wants to purchase alcoholic beverages, there are more than enough
alternate locations. If someone wants food items; we have the Lucky Market,
the 7-11, and the liquor store (which does stock milk, eggs, and a limited
amount of food products). If the object is to purchase fast food; there is a
Little Caesar Pizza, a full-service deli in the Lucky Market, a full-service
bakery in the Lucky Market, two Mexican restaurants, and hot dogs and
hamburgers available at the 7-11. I am also sure that some type of food may
be purchased at the bar.
Based upon the above reasons, and common sense, the proposed
expansion should be denied. It makes no sense to increase traffic on an already
overburdened intersection, and logic dictates that unless Texaco expected
customers they would not spend money on remodeling. It also makes no sense,
in a recession era when many small businesses are failing and almost every
corner shopping center has vacancies, to build businesses which directly
compete with existing small businesses; common sense would dictate having
businesses which complement each other. It also makes no sense to take an
area already having problems with minors drinking and causing problems late at
night and having problems with gangs invading the neighborhood, to allow a
business which would only intensify and increase existing problems.
3
Enclosure (1)
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HELPFUL INFORMATION
Wait for Bus only at CVT Bus Stops
No Smoking or Eating Allowed on Buses
Exit by the Rear Door to Avoid Running into People
Wanting to Board the Bus
Be Considerate of Others by not Occupying More
than One Seating Space
No Service On:
LABOR DAY, THANKSGIVING, CHRISTMAS,
NEW YEAR'S DAY, MEMORIAL DAY, and
JULY 4TH
Z.
r"\ No ,4.nirna.!s A1low~ on B08rd Buses Except
\' Those Accompanying Disabled Persons
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CHULA ~
VISTA lii!!I
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11:00 11:10 11:15 11:20 11:29 11:38 11:45 12:00 12:07 12:15 12:23 12:28 12:33 12:45 12:00 12:09 12:14 12:19 12:27 12:45 12:51
11:30 11:40 11:45 11:50 11:59 12:08PtI 12:15 12:30 12:37 12:45 12:53 12:58 01:03 01:15 12:30 12:39 12:44 12:49 12:57 01:15 01:21
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01:30 01:40 01:45 01:50 01:59 02:08 02:15 02:30 02:37 02:45 02:53 02:58 03:03 03:15 02:30 02:39 02:44 02:49 02:57 03:15 03:21
02:00 02:10 02:15 02:20 02:29 :38 02:45' 03:00 03:07 03:15 03:23 03:28 03:33 03:45 03:00 03:09 03:14 03:19 03:27 03:45 03:51
02:30 02:40 02:45 02:50 02:59 03:08 03:15 03:30 03:37 03:45 03:53 03:58 04:03 04:15 03:30 03:39 03:44 03:49 03:57 04:15 04:21
03:00 03:10 03:15 03:20 03:29 03:38 03:45' 04:00 04:07 04:15 04:23 04:28 04:33 04:45 04:00 04:09 04:14 04:19 04:27 04:45 04:51
03:30 03:40 03:45 03:50 03:59 04:08 04:151 04:30 04:37 04:45 04:53 04:58 05:03 05:15 04:30 04:39 04:44 04:49 04:57 05:15 05:21
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COUNCIL AGENDA STATEMENT
Item~
Meeting Date 6/1193
ITEM TITLE:
Public Hearing: PCC-93-29 Consideration of a Conditional Use Permit
to allow the construction of a public library facility at the southeast
corner of Orange and Fourth Avenues, the City of Chula Vista
Resolution 1713>Approving Conditional Use Permit PCC-93-29 to
build a public library facility at the southeast corner of Orange and
Fourth Avenues
SUBMITTED BY: Director of Planning (Zttl
REVIEWED BY: City Manager -J~ ~ ~)
(4/Sths Vote: Yes_NoX)
The City of Chula Vista is requesting approval of Conditional Use Permit PCC-93-29 to build
a 37,000 sq. ft. library facility and potential facility expansion plan. The project is located at
the southeast corner of Fourth and Orange Avenues in the R-2-P zone district. The proposal
includes a literacy center, a 100 seat multipurpose conference room, a collection of 178,000
books for children, young adults and adults, and other library amenities designed to serve the
community. A parking area with a capacity for 175 vehicles and reserved area for an
additional 50 spaces will serve the proposed facility.
An Initial Study, IS-89-79, of possible adverse environmental impacts of the project was
conducted by the Environmental Review Coordinator on December 13, 1989, and an addendum
was issued in April 1993. The Environmental Review Coordinator concluded that there would
be no significant environmental effects and recommended that the Negative Declaration be
adopted.
RECOMMENDATION:
Permit PCC-93-29.
That Council adopt the resolution approving Conditional Use
BOARDS/COMMISSIONS RECOMMENDATION: On September 19, 1992 and
January 28, 1993, the proposed South Chula Vista Library project was presented to residents
of the immediate area to obtain their input and familiarize them with the project design and
library features. The recorded public input is summarized in the attached public forum
minutes (see Town Meeting minutes).
On April 28, 1993, the Design Review Committee considered the site plan and architecture of
the proposed library facility and approved the project by unanimous vote (see DRC minutes).
11-/
Page 2, Item-'L-
Meeting Date 6/1/93
On April 28, 1993, the Planning Commission voted unanimously to recommend that the City
Council approve PCC-93-29 based on the findings and the conditions contained in the City
Council resolution. However, the Commission has suggested by memorandum, rather than by
recommendation, that a perimeter fence with gates at each of the driveways be incorporated
as part of the project in order to discourage graffiti and other acts of vandalism that potentially
could occur within the site. The Commission chose this approach because it is intended to
protect the City's investment rather than control the land use. (See Planning Commission
minutes and memorandum).
DISCUSSION:
I. Zoning and Land Use:
Zoning
Land Use
Site R-2-P
North R-I
South S-92
East R-3
West MHP/CC
Vacant
SFD (across Orange Avenue)
SDG&E easement
Apartment Complex
Mobile home park/convenience market across
Fourth Avenue.
2. Existing Site Characteristics:
The project site is a 6 acre, rectangular-shaped lot located at the southeast corner of
Fourth and Orange Avenue within the R-2-P zone district. The site is presently
occupied by several vacant structures, as well as scattered trees and shrubs. The slope
of the site falls diagonally from northwest to southeast. The surrounding land uses
include a mobile home park to the west (across Fourth Avenue), a multifamily
apartment complex to the east, a SDG&E easement to the south and single family
dwellings to the north (across Fourth Avenue).
3. Proposed Use:
The development proposal consists of removing all existing structures and clearing the
site to allow the construction of a 37,000 sq. ft. library building and a parking facility
with capacity for 175 vehicles.
II ;' .;..
Page 3, Item
Meeting Date 6/1193
II
Although staffing levels have not yet been determined, there will be a maximum of 29
employees and the maximum hours of operation will be as follows:
Monday - Thursday
Friday and Saturday
Sunday
10 am to 9pm
10 am to 6 pm
12 pm to 5 pm
ANALYSIS:
Site Selection
In 1987, the City Council adopted a Library Master Plan to bring the level of City library
services into parity with other San Diego County communities and to address recent and future
City growth. The Master Plan identifies the need for additional libraries in some areas of the
City (Eastlake, Sweetwater/Bonita area and Montgomery/Otay). For the Montgomery/Otay area,
which is presently served by two small County libraries -- the Castle Park/Otay Library located
at 1152 Third Avenue, and the Woodlawn Park library located at 552 Spruce Street-- the
Master Plan recommends a 40,000 sq. ft. facility. The Master Plan also provides guidelines
for facility size and general location to achieve an acceptable level of library service and
convenient location for the intended service area. To determine the most appropriate location
for two new facilities (Sweetwater/Bonita and Montgomery/Otay), a supplemental study was
conducted.
For the Montgomery/Otay Community, the study researched 6 potential sites. Although the
subject site was not ranked as the preferred site, its advantages in terms of cost, availability of
land and general location outweighed the disadvantages of not being within a commercial hub
and somewhat south of the Community population center as recommended in the above
mentioned supplemental report. As a result, on February 1991, the City Council authorized
staff to proceed with acquisition of the subject site.
Compatibilitv
The six acre site and adjoining SDG&E easement allows for substantial separation from
adjacent uses creating, in essence, a highly visible stage for this Civic building. A series of
town meetings and design review workshops were organized for the area residents and other
community representatives. Most of the issues raised and recommendations made during these
meetings have been resolved and/or incorporated into the project design (see board and
committee minutes)
1/ - ;J
Page 4, Item
Meeting Date 6/1/93
//
Parking
Parking requirements for libraries and other Unclassified Uses are not specified in the Zoning
Ordinance. Instead, the Planning Commission and City Council are authorized to determine the
required parking based on a comparison of similar facilities and individual project needs. In
a recent survey of other San Diego County communities, it was found that the current parking
requirements range from I space for each 200 sq. ft. to 1 space for each 350 sq. ft. of gross
building area.
The proposed library provides a ratio of 1 space for each 211 sq. ft. of building area. This is
well within the range of other municipalities' parking requirements and includes bus parking
and drop-off areas. The Library Board and staff are satisfied that the available parking will
meet the demand.
Level of Service
As indicated above, the Chula Vista Public Library Master Plan, as amended, has established
the need for additional library facilities to bring the current levels of gross sq. ft.lpopulation
from 0.5 to 0.7 sq. ft. per person. In order to achieve this level, the Master Plan suggests the
construction of a 40,000 sq. ft. library in the Montgomery/Otay Planning area, a 40,000 sq. ft.
library in the Sweetwater/Bonita area, and a 17,000 sq. ft. library in the eastern territories. The
total square footage of proposed facilities, together with the existing 55,000 sq. ft. library
would achieve the ratio of 0.80 sq. ft. per person.
The proposed facility, although slightly less than the desired 40,000 sq. ft., achieves a 0.75
ratio when measured against the intended service area (Montgomery population 49,000), and
contributes substantially to the goals and objectives of the City's Library Master Plan. The
plan also includes provisions for expansion.
Accessibilitv
The site is served by Chula Vista Transit, which connects the library with the Palomar and "H"
Street trolley stations and a substantial segment of the City's residential neighborhoods.
Planning Commission Comments
As noted earlier, the Planning Commission sent a separate memorandum to the City Council
expressing concerns about vandalism and graffiti, and recommending consideration of perimeter
fencing, or establishment of a police sub-station on the site, to control this problem. In
response, the Acting Library Director has prepared a memorandum responding to these
concerns, indicating that fencing would create serious functional and aesthetic problems, and
that there are also constraints to providing a police sub-station on the site. Planning
J/-i
Page 5, Item
Meeting Date 6/1/93
Department staff supports the conclusions of the Acting Library Director, and does not
recommend any changes at this time, but recommends that this concern be monitored over
time.
Conclusion
Based on the facts discussed above, and the findings and conditions of approval contained in
the attached draft City Council resolution, staff is recommending approval of PCC-93-29.
FISCAL IMPACT: The estimated cost of the project is approximately $15,445,410 and
includes the following items:
Preparatory Planning
Land Acquisition
project Design
Construction
Project Manager
Furnishings and Equipment
Books
General Administration
$ 114,500
2,285,000
859,892
6,367,477
186,400
2,230,019
3,309,752
92,370
$ 15,445,410
The funding sources for the new library are as follows:
General Fund
Proposition 85 Grant
Library DIF
CDBG
RCT
Unspecified
$ 114,500
6,748,000
4,748,710
3,172,620
67,000
594,580
Total
$15,445,410
WPC F:\HOME\PLANNING\896.93
II~ / /J-!P
RESOLUTION NO.
17/ Jf'
A RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL
GRANTING A CONDITIONAL USE PERMIT TO BUILD LIBRARY
FACILITY AT THE SOUTHEAST CORNER OF ORANGE AND
FOURTH AVENUES
WHEREAS, a duly verified application for a Conditional Use Permit was filed with the Planning
Department of the City of Chula Vista on February 17, 1993, by the City of Chula Vista; and
WHEREAS, said application requested permission to build a 37,000 sq. ft. library and potential
expansion plan at the southeast corner of Fourth and Orange Avenues within the Montgomery
Community; and
WHEREAS, the Planning Commission held a public hearing on April 28, 1993, and voted
unanimously recommending that the City Council approve the project in accordance with resolution PCC-
93-29; and
WHEREAS, the City Council 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 1,000 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 May 18, 1993,
at 6:00 pm.in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was
thereafter closed; and
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL hereby finds as
follows:
1. That the project will have no significant environmental impacts and adopts the Negative
Declaration and Addendum issued on IS-89-79.
2. That no use listed in the Chula Vista Municipal Code section 19.62.050 is similar to the
proposed use, and that 175 parking spaces shall be provided for this project per section
19.54.050. The City Council finds that 175 parking spaces will provide a parking ratio
of one space for each 211 sq. ft. of gross floor area, and that said ratio is fair and
reasonable based on upon existing similar uses in the incorporated and unincorporated
areas of the San Diego County.
3. 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.
The proposed library facility will provide a higher level of library service to the
Montgomery area residents consistent with the city's Library Facility Master Plan
//-7
4. That such use will not under the circumstances of the particular case, be detrimental
to the health, safety and general welfare of the persons residing or working in the
vicinity or injurious to property or improvements in the vicinity.
The introduction of library services and a new civic building at this location will have a
positive influence on the area.
5. That the proposed use will comply with the regulations and conditions specified in
the code for such use.
The proposal shall be required to comply with all applicable codes, conditions and
regulations.
6. 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 the City's Library Master Plan and the Public Facilities
Element of the General Plan.
BE IT FURTHER RESOLVED THAT THE CITY COUNCIL hereby grants Conditional Use
Permit PC-93-25 subject to the following conditions whereby the applicant shall:
I. Comply with all requirements of the Chula Vista Fire Department.
2. Comply with all requirements of the Chula Vista Building Department.
3. 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 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 cannot, in the normal operation of the use permitted, be expected to
economically recover.
4. 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 all cause this
permit to be reviewed by the City for additional con . . ns or revoca 0
Bruce M. Boogaard
City Attorney
Presented by
Robert A. Leiter
Director of Planning
WPC F:\HOME\PUNNING\849.93
//-'6' //I~/2-
05-27-93 02:03PM FROM GRUBB~ELLIS COMPANY
P02
Grubhf'rEllis
MEMORANDUM
TO:
Honorable Mayor and City Council
FROM:
William C. Tuchscher, as en Individual, not on behalf or with the
endorsement of the Planning CommIssion
HE:
PCC-93-29 - South Chula Vista Library
DATE:
May 27,1993
The purpose of this memorandum is to clarify the Commission action regarding the
above referenced project. The Commission fully endorsed the project and felt it was
important that we send the project forward with a unanimous vote. To that end, we
agreed to voice the concerns expressed by a few commissioners In a memorandum
to accompany our recommended approval.
Concerns and several potential design and security solutions were discussed during
our meeting, The concerns, I believe, are well-founded and are probably shared by all
of you. The library's design team also has, I'm sure, spent much time end effort
seeking solutions to the same challenges.
Our discussions led to several proposed solutions which mayor may not be the best
approach to dealing with these Issues. It was my understanding that the
Commission's intent in drafting a mamorandum to you was to voica these concerns
QQ]y and not to recommend or endorse particular solutions. I hope this has been
properly communicated to you. The minutes of our meeting accurately reflect the
diversity of opinions held by the Commission regarding these issues.
I personally believe the solutions discussed are not in the best interest of Chula Vista
citizens. As I am concerned that "fencing off" this public building would send the
wrong message to the community. Limiting access Is not the answer, In my opinion.
1/-'/
Grubb &. Ellis Comp.ny Comm.n:i"l R."l E,nuo S.rvi<..", H880 Ri" :;"" [li<~" [)r.. S"i,< 200, S,1I1 Dk'l.ill, CA ~ZlOll
(619) 297.5500 FAX (619) 29/l.6897
File No.
PUBUC HEARlNG CHCK UST
CITY COUNCIL PUBUC HEARlNG DATE
SUBJECT r",,_~ t~ V~ (9(.{'-"I'S-l.,j) ;......-b~J- LV..z~ Ii:..:J...
~,.. ,....11..........+ F~~ .\." uo.,~ ":'1.cfj'D "'6' p.. ,u"'1- w..~ l- c..,.-,o~-+' I
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SENT TO STAR NEWS FOR PUBUCATION -- BY FAXL-; BY HAND ; BY MAIL
PUBLICATION DATE 5/15 / 9:3
I I
L J I I q~
MAILED NOTICES TO PROPERTY OWNERS
r...~\.Jl
I
NO. MAILED
PER GC 54992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122
LOGGED IN AGENDA BOOK ./' S JII i'13
i I
COPIES TO:
Administration (4)
./
Planning :/
/
Originating Department
Engineering
,/
Others
City Clerk's Office (2)
POST ON BULLETIN BOARDS
SPECIAL INSTRUCTIONS:
-58-
/.) -Ii!
J I .
NOTICE OF PUBLIC HEARING BY THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY
COUNCIL of Chula Vista, California for the purpose of considering Conditional Use Permit and
Precise Plan applications submitted by the Chula Vista Library Director requesting permission
to construct a 37,000 sq.ft. library building and associated parking facility at the southeast
comer of Orange and Fourth Avenues (see locator). The development proposal, including the
site plan and architecture, and legal description are on file in the Planning Department.
An Initial Study, IS-89- 79, of possible significant environmental impacts has been conducted by
the Environmental Review Coordinator. A finding of no significant environmental impact has
been recommended to the City Council and is on file along with the Initial Study in the office
of the Planning Department. Any petition to be submitted to the City Council must be received
by the City Clerk's office no later than noon of the hearing date.
If you wish to challenge the City's action on this conditional use permit and/or precise plan in
court, you may be limited to raising only those issues you or someone else raised at the public
hearing, issues described in this notice, or in written correspondence delivered to the City
Council at or prior to the public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, June 1,
1993, at 4:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue,
Chula Vista, at which time any person desiring to be heard may appear.
DATED:
CASE NO.
May 12, 1993
DRC-93-28, PCC-93-29
COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA)
The City of Chula Vista, in complying with the Americans With Disabilities Act, requests individuals who require
special accommodation to access, attend and/or participate in a City meeting, activity or service request such
accommodation at least 48 hours in advance for meetings and 5 days for scheduled services and activities. Please
contact the City Clerk's office for specific information at (619) 691 -5041. California Relay Service is available for
the hearing impaired.
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,
PLANNING COMMISSION
MEMORANDUM
MINUTES AND RESOLUTION
//- il
.
MEMORANDUM
DATE:
May 10, 1993
TO:
The Honorable Mayor and Members of the City Council
FROM:
Thomas Martin, Vice Chairman of the Planning Commission
SUBJECT:
PCC-93-29 South Chula Vista Library
On April 28, 1993, the Planning Commission considered a Conditional Use Permit application
for the construction of the South Chub Vista Library which is proposed to be located at the
southeast comer of Orange and Fourth A venues within the Montgomery Community.
The Commission, after reviewing the project proposal, endorsed the new public facility and is
forwarding a positive recommendation to the City Council. However, concerns about the
potential for graffiti and other acts of vandalism that could result due to the open nature of the
proposed site design and the striking building color were expressed at the meeting. It was
suggested that consideration be given for a perimeter fence (with gates on each driveway) to be
installed as part of this project in order to prevent access to the site after library operating hours
and preserve the structure and site amenities in its original form. An after hours book drop could
be placed near the street or on a specially designed turn out along Fourth or Orange Avenues.
As an alternative to the above mentioned perimeter fence, it is recommended that a police
substation within the new library facility be considered in order to establish the law enforcement
;t;;; ; ;;;;;;g, .ct, of "nd"i=
TM:LH
(pcc9329.grl)
cc: John Goss, City Manager
Sid Morris, Assistant City Manager
David Palmer, Acting Library Director
) 1- L/~
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1:<1 '
DATE: May 21, 1993
TO: Bob Leite~, Director of Planning
FROM: David Palmer, Acting Library Director
SUBJECT: Planning commission Comments Regarding South Chula Vista
Library
I am in receipt of a copy of a memo from Thomas Martin, Vice Chair
of the Planning Commission, which outlines some suggested
considerations regarding the South Chula vista Library. These
suggestions arose when the issue of graffiti eradication and
prevention were discussed during the Commission's review of the
Conditional Use Permit request.
Throughout the entire design phase of the library project, staff
and the architects have made a conscious effort to proactively deal
with the graffiti issue. As a result, both the exterior and
interior of the building will be coated with $55,000 worth of the
highest quality anti-graffiti coating. The perimeter of the
building will be landscaped with defensive plantings, including
bougainvillea with thorns, and cactus. Substantial security and
accent lighting has been included on site. Finally, suggestions
from the Police Department have also been incorporated into the
design to insure greater security.
Nonetheless, in addition to these measures, the suggestion has been
made to build gates at the driveway or completely fence off the
site during non-public hours. Obviously, driveway gates alone
might prevent individuals from parking their cars in the lot during
late evening hours, but it will do nothing to prevent taggers from
entering the site. A fence miaht provide a higher level of
deterrence, but it will be costly. For example, it would cost at
least $40,000 to design and build a 2,000 linear foot fence (and
more if anti-graffiti coating was necessary). There would be the
need to redesign the book drops so that the public could access
them during closed hours and not impede street traffic, and there
would also be the cost to maintain the fence.
Finally, there is the negative psychological element of a fence.
I would suggest that we do not want to put a wall between the
public and one of its most important public buildings in the
southern section of the City. Additionally, as librarians, we
strive daily to make all our facilities and services easily
accessible and approachable to the public. This desire to
encourage public usage has guided the design of the entire project
from the beginning.
//'-'13
- I Z '
However, since some of these monetary and psychological questions
could possibly be overcome, the bottom line continues to be whether
a fence around the property will prevent graffiti and other
vandalism? When one looks at the graffiti that occurs on buildings
with razor wire protection and on high signs over the interstate,
I sincerely doubt that a fence is the answer. However, the Library
will certainly revisit this suggestion should the deterrent
measures being taken prove to be ineffective.
The other suggestion was to include a police sub-station in the
building or on the site. Library staff would certainly not be
opposed to such an idea. However, I have subsequently discussed
this idea with the State Library and they have given us the same
answer they gave us two years ago when we questioned them about
adding a community center on site. The State Library says that the
bond act funds are to be used to build libraries. An addition of
any non-library function would require a reapplication for funding,
which might very possibly jeopardize the entire project.
The Chief of Police has also expressed his reservations about
establishing a formal substation at the site. However, he is
interested in looking at ways the Police Department might use the
library to enhance police relationship with the community at large.
In conclusion, both City staff and the South Chula Vista Library
design team have all been very cognizant of the security and safety
issues at the new library. Every effort has been made to make the
facility as vandal proof as possible, at the same time insuring
that it succeeds as both a library and a civic building by being
inviting, accessible, a source of community pride.
//~!r/i
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EXCERPT FROM PLANNING COMMISSION MINUTES OF 4/28/93
ITEM 3:
PUBLIC HEARING: CONDITIONAL USE PERMIT PCC-93-29; REQUEST
TO CONSTRUCT A PUBLIC LIBRARY AT THE SOUTHEAST CORNER OF
ORANGE AND FOURTH AVENUES - City of Chula Vista, David Palmer,
Library Director
Associate Planner Hernandez presented the staff report and stated that the Design Review
Committee had unanimously approved the proposed library architectural and site design
contingent upon approval of the conditional use permit. Staff recommended that the Commission
adopt Negative Declaration IS-89-79 and Addendum, and adopt a resolution recommending that
the City Council approve PCC-93-29, based on the findings and subject to the conditions
contained in the draft City Council resolution.
Commissioner Tuchscher inquired about the large parking area on the south side of the building.
Mr. Hernandez explained that the literacy center would be located in that area and would be
independent from the library. This parking area would serve the literacy center.
Commissioner Tarantino asked about the timeline for construction; when could it be expected
to be operational. David Palmer, Acting Library Director, said it was expected that construction
would begin in the fall of 1993 and open to the general public by December 1994 or January
1995.
Commissioner Tarantino questioned the impact of the high pressure power lines on the property.
Mr. Hernandez stated that the facility was specifically designed to be set back from the power
lines and electromagnetic fields.
Commissioner Ray asked if the library was being built with grant funds or if City taxes would
partially fund it. Mr. Palmer answered that the funding was primarily through a 65/35% grant
which meant it was 65 % State/35 % City of eligible costs. The City's match plus ineligible costs
would be paid for through library development impact fees, CDBG funds which helped purchase
the site, and residential construction tax.
Replying to Commissioner Ray, Mr. Palmer said the DIF allowed for up to 36.2% funding for
the project, and the DIF fees for new development in the eastern portion of Chula Vista would
apply to the western territory.
Commissioner Ray was concerned with traffic impact, and asked if there was any report back
from Traffic Engineering regarding the cui de sacing of Quintard. Mr. Palmer stated that the
issue had been discussed at length at the Safety Commission hearing and a special Library Board
meeting, and the issue was not part of the street improvements. The street improvements on
Orange A venue would only occur to the south end of the street toward the library site.
In addition, Commissioner Ray was concerned about the design of the parking lot and whether
the public would have access to the parking lot after hours. He felt there should be gates to
jjrL/5
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PC Minutes
-4-
April 28, 1993
prevent vehicles from entering--to try to slow down graffiti. Discussion ensued regarding the
cost of the gates, cost of personnel to close the gates, the need for book drops, and the use of
an anti-graffiti solution which had been approved by the Design Review Committee.
Commissioner Ray asked about the cost to purchase homes as part of the road improvement.
Mr. Palmer answered that three parcels on the comer of Orange and Fourth were purchased.
There were three homes on the library site which were purchased with CDBG funds and the
money was reimbursed back to Community Development.
Commissioner Martin stated that he was going to vote for the project; he was very excited it;
however, he was concerned about the children who would be walking among trees and asked
special consideration of that.
This being the time and the place as advertised, the public hearing was opened. No one wishing
to speak, the public hearing was closed.
MSUC (Carson/Tuchscher) 5-0 (Fuller and Moot excused) that based on the Initial Study
and comments on the Initial Study and Negative Declaration, find that the project has no
significant environmental impacts and adopt the Negative Declaration and Addendum issued
on IS-89-79.
MS (Carson/Tuchscher) to adopt Planning Commission Resolution PCC-93-29
recommending that the City Council approve PCC-93-29 based on the findings and subject
to the conditions contained in the draft City Council resolution.
Commissioner Ray asked that the motion include a suggestion that the City Council, prior to
final approval, consider gating the parking lot and installing an exterior book drop with street
access or a turn-out for a book drop. He wished to reduce graffiti by limiting access after
hours.
Discussion followed regarding the age of taggers, the fact that it was a public building and gates
would keep people from enjoying the building, whether gates would solve the problem, the
challenge to gangs.
Commissioner Ray suggested the use of in-house security--the creation of a sub-station for the
police. Mr. Palmer said a sub-station could be accommodated within the building design.
Commissioner Ray stated that if nothing was included for either a sub-station or somehow
limiting access during off hours, he would vote against the project. Something needed to be
done, and it should start soon.
Commissioner Tuchscher concurred that Commissioner Ray's concerns were well founded, and
asked that the vote be taken on the pending motion, and allow Commissioner Ray to put another
motion on the table recommending that staff and/or Council look at those issues.
/1- t/?
_IS- -
PC Minutes
-5-
April 28, 1993
VOTE:
5-0 (Fuller and Moot excused)
Assistant Planning Director Lee suggested that the concerns expressed be contained in the form
of a memo to Council for review. The Planning Commission's charge was to address whether
or not the land use was appropriate.
Commissioner Carson informed the Commissioners that the tagging was done in the early
morning hours. The taggers are defeated by painting over it, and she would rather see emphasis
placed by the City Council on community pride in that area. The YMCA would be working
with children from the age of 10-14; youth summits would be held in May and June dealing with
what could be done with the junior high and high school students toward community pride. She
agreed with Commissioner Tarantino that a barrier could be an enticement or initiation to get
into a certain group.
Commissioner Tarantino agreed regarding fostering a sense of pride, and felt the library would
be a source of pride and could be a cultural focal as well as a public service type focal point.
Vice Chair Martin reiterated the use of paint to paint over the graffiti, and if the graffiti was
continually painted over, the taggers would eventually stop painting in that area.
Vice Chair Martin questioned whether the Commissioners wished to send a memo to the
Council. Commissioner Ray agreed with forwarding a memo, but felt the land use issues had
been expanded to include more issues than just land use; and the fact that the project may invite
problems, such as graffiti.
Commissioner Tuchscher noted that anti-graffiti treatments were available; he also supported the
use of paint.
MS (Tuchscher/Ray) that staff take into account the comments made and draft a memo for
review by Commissioner Ray and execution by the Chair.
Acting Library Director Palmer assured the Commissioners that the coating which would be used
on the exterior and the interior of the building was of a kind that had recently been applied to
the new National City Police Department. To take graffiti off the exterior, high pressure water
spray could be used; for the interior, a simple solution of solvent could be used. Paint would
also be used.
Regarding community pride, Mr. Palmer said there were some interior graffiti problems in the
restrooms at the Library, but no exterior problems. There are some buildings which become
off target, and he hoped that the new facility would become a magnet for the entire community,
and a wonderful sense of pride would come from it.
VOTE:
5-0 (Fuller and Moot excused)
//~~t
_ I Ii -
RESOLUTION NO. PCC-93-29
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY
COUNCIL GRANT A CONDITIONAL USE PERMIT TO
BUILD A PUBLIC LIBRARY FACILITY INCLUDING A
FUTURE FACILITY EXPANSION PLAN AT THE
SOUTHEAST CORNER OF ORANGE AND FOURTH
AVENUE.
WHEREAS, a duly verified application for a conditional use permit was filed with the
City ofChula Vista Planning Department on February 17, 1993, by the City ofChula Vista,
and
WHEREAS, said application requested approval of a conditional use permit to build a
37,000 sq. ft. library facility including a future facility expansion plan at the southeast corner
of Fourth and Orange Avenues in the R-2-P zone district, and
WHEREAS, the Planning Commission 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 within 1,000 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 April 28,
1993, at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed, and
WHEREAS, the Environmental Review Coordinator concluded that there would be no
significant environmental effects and recommends that the Negative Declaration and Addendum
issued on IS-89-79 be adopted.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
hereby finds that the project will have no significant environmental impacts and adopts the
Negative Declaration and Addendum issued on IS-89-79.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION finds That
no use listed in the Chula Vista Municipal Code section 19.62.050 is similar to the proposed
use, and that 175 parking spaces shall be provided for this project per section 19.54.050. The
Planning Commission finds that 175 parking spaces will provide a parking ratio of one space
for each 211 sq. ft. of gross floor area, and that said ratio is fair and reasonable based on upon
existing similar uses in the incorporated and unincorporated areas of the San Diego County.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION HEREBY
recommends that the City Council approve the attached Draft City Council Resolution which
adopts the Negative Declaration and Addendum issued on IS-89-79 and grant the conditional
use permit based on the Findings and subject to the Conditions contained therein.
/ ! ~ tfY' - I'l ~
That a copy of this resolutior be transmitted to the applicant and the City Council
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this day April 28, 1993, by the following vote, to-wit:
AYES:
Carson, Martin, Ray, Tarantino, Tuchscher
NOES:
None
ABSENT:
Fuller, Moot
ABSTENTIONS:
None
~(1~
Thomas A. Martin, Vice Chairman
Attest:
~ M~ !2~' fUr
Nancy Ri ey, Se etary
WPC F:\HOME\PLANNING\846.93
/1~t/1
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CITY COUNCIL MINUTES
//_~{.i
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MINUTES OF A SPECIAL JOINT MEETING OF THE CITY COUNCIL/LIBRARY
BOARD OF TRUSTEES OF THE CITY OF CHULA VISTA
Thursday, September 10, 1992
4:30 p.m.
Council Conference Room
City Hall
CALL '1'0 ORDER
1. ROLL CALL:
PRESENT:
Council members/Members Horton, Malcolm, Moore,
Rindone, and Mayor Nader
Library Board Members Donovan, Viesca, Wilson,
Williams, and Chair Alexander
ALSO PRESENT: John D. Goss, City Manager; sid W. Morris,
Assistant City Manager; James Thomson, Deputy
city Manager; George Krempl, Deputy City
Manager; Rosemary Lane, Library Director; David
Palmer, Assistant Library Director
2. PRELIMINARY DESIGN FOR SOUTH CHULA VISTA LIBRARY
A. Introductory Remarks - william Alexander, Chairman of Library
Board of Trustees
Library Board Chairman Alexander welcomed everyone to the
meeting. He commented on an article in the Los Angeles Times
which said that the ne,,' 1 ibrary "promises to be an
architectural landmark and a first class library".
He further commended the extraordinary effort expended by
Library staff to obtain the grant and the vision and hard work
by City staff and Council members to secure the site, and find
the necessary funds proving that Chula Vista still places a
great value on its library system. The new library may prove
to-be a economical inducement to businesses thinking to locate
in Chula Vista. One of the first questions they ask is about
the public library.
Mr. Alexander finished
Argentinean Author Jorge
imagined that paradise is
with a short quote
Luis Borges who said,
a kind of library".
from the
I've always
B. Background on Grant Award - Rosemary Lane, Library Director
Library Dir~ctor Lane, gave a brief history of the California
Construction and Renovation Bond Act and commended the City
Council on their vision to spend the $114,000 reguired to hire
an architectural firm to prepare the schematic floor plan,
site plan and elevation dra,,'ings required in the grant
application. On April 23, 1991 Chula Vista was one of eight
J/~5 I
-11-
lilraries selected to receive these funds and was awarded
$6,747,528.
An architectural selection committee interviewed 8 firms and
selected LPA, Inc. in conjunction with the prestigious
architectural firm of Legorreta Arquitectos to design this
project. Plans for the new 35,000 sq. ft. library at the
corner of Fourth and Orange Avenue provide for 165,000 books
and 175 parking spaces. Plans will allow for the addition of
another 10,000 sq ft in the future with the ability to add
another 50 parking spaces.
Councilman Rindone asked the Library Director how the square
footage in the public areas of the Civic Center Library
compared to that planned for the South Chula Vista Library.
Director Lane responded that the South Chula Vista Library
would be 5,000 sq. ft. smaller than the Library at Fourth and
F Street which has 40,000 sq. ft. on street level for public
use.
Councilman Rindone stated that the new library will be more
like a second main library. That concept is important because
it is a significant asset to the area.
Councilman Moore asked how many parking spaces were at the
Civic Center Library. Director Lane responded that there were
144.
C. Presentation of Preliminary Design and Building
Philosophy for South Chula Vista Library - Ricardo
Legorreta
Mr. Legorreta stated his pleasure to be working on this
project and that he is trying to design the library in
such a way that it not only accomplishes its function,
but it becomes a cultural symbol for the community. He
then displayed conceptual drawings and a model of the
proposed building.
The Library will be built around several courtyards to
provide natural light and open space. Some features
include a multipurpose room, a cafe, a gallery, separate
childrens and adult areas, public meeting areas and a
large outdoor amphitheater. Entrance and egress to the
building will be from either Fourth or Orange Avenues
with a turnaround in front of the building. Sufficient
parking space is available to consider alternatives to
rigid 'grid-like conventional shopping center parking.
D, Discussion and Input
Library Trustee Viesca questioned where the 10,000 sq,
J 1-5~
-:}-v -
.'
ft. _ould be added for expansion. Mr. Legorreta
responded that the courtyard areas could be converted
into additional library space.
Councilman Moore questioned how the architect intended
to prevent the flat roof from leaking.
Mr. Legorreta replied that the roof will have a 4\ slope
which will prevent leakage.
Councilman Rindone questioned the kind of landscaping to
be used at the corners of Fourth and Orange Avenues.
Mr. Legorreta responded that landscaping would be
designed to help prevent graffiti.
Councilman Rindone asked if a second story could be added
to the building in the future.
Mr. Legorreta responded that it is feasible.
Councilman Rindone asked if there would be access to the
meeting rooms without access through the main library.
Mr. Legorreta responded that meeting areas can be closed
off from the rest of the Library and entered from the
parking lot.
Councilman Rindone asked if there was an area for easy
book drop off.
Mr. Legorreta responded that this has been addressed.
,
.
Councilman Rindone asked for some assurance that staff
would be working with the architect so that a minimum
number of employees would be needed to operate the
building.
Library staff responded that the building could be run
with as many as 39 employees or as few as 15.
Councilman Rindone asked the capacity of the community
room. It will hold a hundred people.
Councilman Moore asked if the new library would have an
auditorium. Staff responded that there will be a flat-
floored. multi-purpose room.
Councilman Malcolm asked how many parking spaces were
planned for the South Chula Vista Library and how many
were at the Library at Fourth and F Street. Staff
responded that 175 spaces are planned for the South Chula
Vista Library with the possibility of adding 50 more
)/- f3
- J-I-
"
'.
spaces. There ~re 144 parking spaces at the Library at
365 F Street.
Councilman Moore asked if anything was learned from the
parking problem at the Civic Center Library. Staff
replied that a two hour parking limit and adequate
enforcement help an overcrowded situation.
Councilman Rindone complimented the Library Director and
the Architect on the unique design.
3. CITY MAN~GER'S REPORT IS) - None
4. MAYOR'S REPORTIS) - None
5. COUNCIL COMMENTS - None
ADJOURNMENT
Adjournment at 5:36 pm to a Regular meeting on September 15, 1992
at 6:00 p.m. in the City Council Chambers.
'.
) //~'/
-:;-;)-,
MIt~ OF A REGUlM MEEllNG/WORXSESSION OF 1liE C1Y COUNCL
OF TIm C1Y OF 0iUl.A VISTA
Thursday, January 28, 1993
4:08 p.m.
Council Conference Room
Administration Building
CALL TO ORDER
1. ROLL CALL:
PRESENT:
Councilmembers Fox, Horton, Rindone (arrived at 4:27 p.m.), and Mayor
Nader Oeft the meeting at 5:00 p.m.)
ABSENT:
Councilman Moore
ALSO PRESENT:
John D. Goss, City Manager; Bruce M. Boogaard, City Anorney; and Vicki
C. Soderquist, Deputy City Clerk
BUSINESS
2. R.EVlEW OF PROGRESS ON DESIGN OF SOUTH 0iUl.A VISTA UBRARY. John Manox ofLPA, Inc.,
and Ricardo Legorreta will present a proposed color palene for the building and the Council will see a model
with these exterior colors. Since color is a principal design element in all of Legon-eta's work, this will
provide the Council with an opportunity for input concerning the color pallet at this critical design stage.
.
David Palmer, Acting Library Director, stated staff was waiting approval from the State on the library pIallS.
It was anticipated that approval would come forth next week. The presentation would review the rermed
floor plan, slightly changed site plan and full color model. Preliminary comments by the State Library
Direclor had been very complimentary. He then introduced John Manox and Jim Ellis from LPA and Miguel
Almaraz representing Legoreno.
Mr. Almaraz stated there had been two comments from the State Library Director regarding the plans: 1)
the building was too large, and 2) the closeness of the parking to the main access of the building. Those
concerns had been addressed in the proposed design. He then reviewed the sile,location of the facility, floor
plan, and elevations.
Mayor Nader questioned whether the proposed fountain would utilize reclaimed water.
Mr. Almaraz responded that Mayor Nader was correct.
Councilman Rindone expressed his concern over the lack of windows on the Fourth Avenue side.
Mr. Palmer responded that there were a few small windows but the State was concerned with the amount
of sunlight allowed from the west due to heat and possible damage to the book materials.
Ciry Manager Goss noted that with the rotated building it created an alcove and expressed concern over
possible security problems.
Mr. Palmer responded that a control gate would be installed,
Councilman Rindone queslioned the proposed signageand felt it important that sign age be visible from the
streets.
Mr. Palmer informed Council that signage would be considered in the next phase of the project.
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Minuic-s
January 28, 1993
J'~ge 2
Councilwoman Horton noted the building was to have a verde finish and questioned whether it would be
the color of the model.
Mr. Manox responded that it would be close to the color being proposed but noted that the model was being
reviewed under the florescent lights. The actual finish on the building would be softened by the sun and
air quality. He noted that ponions of the roof were to be covered with copper and that the patina would
be accelerated.
Councilman Rindone questioned the anticipated stalfmg of the Cacility.
Mr. Palmer responded that at any given hour of the day there would be 7-8 staff members required. The
new library would be comparable in stalfmg to the Main Library on Fourth Avenue.
Councilman Fox questioned the safety aspect of the proposed fountains.
Mr. Palmer responded that it was hoped there would be minimal water flow and a glass wall had also been
discussed to ensure safety.
Mr. Manox informed Council that the area of the Library containing the fountain was currently under study
and they would consider Council's comments regarding safety in deliberations.
Mayor Nader questioned whether there were more parking spaces alloned than required. He would like to
see more open spaces and small parks.
,
Mr. Manox responded that they were not intending to have more parking than required by the State. The
expansion areas would remain green. He also noted the set-back areas that would be landscaped.
Mr. Palmer informed Council that the application submined to the State indicated there would be 175
parking spaces and that could not be changed. Starr had requested that the architect move some of the
parking to provide more green space.
Councilman Rindone questioned whether the community meeting rooms would have outside access.
Mr. Almaraz responded yes.
Mr. Palmer stated staff would bring back the next phase as appropriate Cor Council review.
3. COUNlY WATER Alm-lORJIT PRESEJlITATION REGARDING WATER STORAGE CAPAOlY _
Presentation by Patricia Tennyson, Director of Public Affairs and Richard Pyle, Senior Civil Engineer with
the County Water Authority, regarding additional emergency water storage in the County of San Diego in
the e\,ent of a cut off from the imported water supply (which represents approximately 90% of the water
used in the County) and preparation of the Environmental Impact Report (EIR) Cor the Emergency Storage
Project.
Rich Pyle, Project Engineer for Emergency Storage Project, County Water Authority, introduced Patricia
Tennyson, Public Affairs for the Water Authority, and Frank Chenelle, Boardmember. A video presentation
was given regarding Emergency Water Storage Cor San Diego County.
Mr. Pyle stated that the County Water Authority had begun an EIR process and were now soliciting
comments regarding the scope. It was hoped that the draft EIR would be completed in early 1994 with the
final ElR completed in 1995. At that time a preferred alternative would be selected. The Cive proposed sites
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DESIGN REVIEW COMMITTEE MINUTES
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DESIGN REVIEW COMMITTEE
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JANUARY 25....lm
4.
Preliminary
Presentation
South Chula Vista Library
Southeast corner Oran~e Avenue & Fourth Avenue
Staff Presentation
Associate Planner Luis Hernandez introduced the project, a new branch library to be
constructed at the southeast corner of Orange and Fourth A venue, advising the committee
that this was a preliminary presentation intended to keep the committee updated as to the
status of the site plan and building design and to obtain the committee's input. Mr.
Hernandez advised that since preliminary drawings had not been available for staff
review in time for the meeting, the project architect would be presenting the project for
the committee; staff will provide an analysis at a later time. Mr. Hernandez stated that
formal presentation of this project to the committee is tentatively scheduled for the March
8, 1993 meeting. He then introduced John Mattox, of LPA, project architect working
with architect Ricardo Legorreta, and David Palmer, acting Library Director.
Aoolicant Presentation
David Palmer, acting Library Director, explained that this project was being partially
funded by a $6.7 million grant from the state. He stated that the previous presentation
to the committee had been a preliminary presentation for the grant competition. Since
the grant had been awarded, there is also a high level of project review by the state
library. Additionally, community input had also been obtained at a variety of
community meetings. Project Architect Jim Mattox stated that the state library is
currently reviewing the latest plans for the facility, and approval is anticipated.
Mr. Mattox reviewed the current site plan for the project, noting that the building has
been pulled as far as possible from the SDG&E easement at the south of the site. He
reviewed the floor plan, noting such features as a gallery to accommodate special
exhibits, a literacy center, and a cafe. Mr. Palmer pointed out that this project if very
community focused; the courtyards, cafe,gallery, browsing area, literacy center, and
other special features are designed to make this a place that will involve the people of
the community. Mr. Mattox described the work of architect Ricardo Legorreta, and
provided a book detailing many of his past projects. A model of the proposed library
was presented for the committee members to review.
Committee Ouestions/Concerns
Chair Gilman asked if computers would be utilized in the new library; Mr. Palmer
responded that the library would be completely automated, would utilize a local area
network, and would include a technology user center. He added that changes in
technology were occurring very rapidly, and that these ongoing changes will affect the
final technological offerings in the library once it is complete.
In response to questions, Mr. Mattox stated that a rain gutter system could be used to
avoid water staining problems. Committee me~~reviewed the model presented and
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DESIGN REVIEW COMMITTEE
-5-
JANUARY 25. 1993
offered comments, generally expressing approval of the project's architectural style and
many features. Chair Gilman expressed some concerns about the proposed colors; she
also suggested that parts of the building, such as the literacy center, could utilize a
different color. It was recommended that this project be presented during the daytime
to give a truer idea of the proposed colors.
Member Rodriguez pointed out that there is an existing pathway through the site
currently used by pedestrians, running from the southwest to the northeast comer.
Members agreed that this should be addressed in the site plan.
Chair Gilman summarized the concerns expressed by the committee as follows: entry
identification/location; a pedestrian pathway through the parking lot area needs to be
recognized/addressed; while members appeared to be comfortable with strong colors,
some concern was voiced about this particular color.
Chair Gilman thanked Mr. Mattox and Mr. Palmer for their presentation.
F. ADJOURNMENT
The meeting was adjourned at 6:55 p.m.
Patty
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TOWN MEETING MINUTES
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Questions asked at Town Hall Meeting
Approximately 44 people attended the meeting.
~f /~I 199,3
7:00
.LA",d#{ J,~
Some identifiable ones were:
william Alexander
Rosemary Lane
Kip Howard
Ronnie Berman
Paula Brown
Deborah Crawley
Dolores Gonzales
Ricardo Legorreta
Luis Herrera
Margaret Blue
Julianne Facknitz
Jim Thomson
Linda Wilson
JoAnn Howard
victor Legorreta
John Mattox
Harry LaBore
Myrna Bullen
Jorge Castillo
David Palmer
Ron Williams
Questions Asked:
Could you use Spanish arcades to hide the flat walls?
Wanted an area with natural light in which to read the paper before
the Library opened. suggested outside tables and seating areas.
Civic Center library is too dark in the daytime.
Many questions
techniques.
about
earthquake
resistance,
construction
When is this going to start?
What is the ceiling height in the gallery.
Are there going to be public meeting rooms
No small tables at the Civic Center Library, nothing for toddlers
to five years.
Asked about the capacity of seating in the outside amphitheater
Wanted the Children's story hour room moved to the opposite side
of the building to prevent cars from crashing into the building and
injuring children.
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TOWN MEETING NOTES
January 28, 1993
Otay Community Center
7:00 PM
Chaired by Board of Trustee's Chair William Alexander
Board Chair Alexander Introduced Acting Director Palmer who
explained that the library was being constructed with a $6.7
million grant from the California State Library.
He indicated that this was the second in a series of Town Meetings
regarding the Library. The first meeting had occurred on September
10, 1993 at the Lauderbach Center.
The plans being presented tonight incorporate comments made at that
meeting, comments made by the Planning Department and the
California state Library.
Mr. Palmer introduced Miguel Almaraz, Project Manager, from the
firm Legorreto Arquitectos.
Mr. Almaraz described the project and walked the audience through
the floor plan and a working model of the library.
Following the presentation, the audience, numbering approximately
20 citizens and staff members, was invited to comment.
A number of people raised the issue of traffic problems on Quintard
and Oranges. They asked that Quintard be made a cul-de-sac. (not
part of the library project, the issue will be referred to Traffic
Engineering)
Many people asked about safety on the library site. Would there be
adequate lighting? (yes) Will parking lot be closed after hours?
(can be considered) How will graffiti be prevented? (by use of
ground cover, plants and exterior wall treatments) Could a police
sub station be located in the library? (maybe)
There were relatively few questions about the design. One person
asked whether the courtyards would be accessible to patrons (yes,
but secured from the outside). One person commented that they did
not like the proposed color, but others said they did like it.
Other questions related to the roof treatments (copper) and the
pyramid roof heights (15 to 25 feet).
The meeting ended at approximately 8:30 PM
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DISCLOSURE STATEMENT
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THE em --r: CHUL.4. JI1STA PARTY D/SCLOS, E STA.TEMENT
Statement of disclosure of certain ownership interests, payments. or campaign contributions, on all matters
which will require discretionary action on the part of the City Council, Planning Commission, and all other
- official bodies. The following information must be disclosed:
)
4.
s.
6.
':
1.
List the names of all persons
Subcontractor, material supplier.
N/A
I
having a financial interest in the contract, i.e',cortractor,
2.
. I
If any person identified pursuant to (1) above is a Corporation or partnership, list the nan:tes of all
individuals owning more than 10% of the shares In the corporation, or owning any pannership
interest in the pannership. , .
N/A
3.
If any person identified pursuant to (1) above is non-profit organization or a trust, list th~ names
of any person serving as director of the !lon-profit organization or as trustee or benefICiary Or
trustor of the trust.
N/A
Have you had more than $2.50 worth of business transacted with any member of the City staff,
Boards, Commissions, Committees and Council within the past twelve months? Yes_,
No -L If yes, please indicate person(s~;
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 matter,
David J. Palmer - CV Library' . Ricardo Legorreta _ Legorreta
John Mattox, LPA, Inc. Arquitectos
Jim Ellis, LPA, Inc. Miguel Almarez _ Legorreta Arquitectos
Have you and/or your officers or agents, in the aggregate, contributed more than $1.000 to II
Councilmember in the current or preceding election period'! Yes _ No ~ If yes, state which
Councilmember(s):
P~r', 'n is defined BS: OAny indi"idlwl, Ji"';, cO'J1artllt!l'$lIip, joi1l11'c1I1/lre, tls,fOCiCllion, socinl club, frnumal o'1:alll~ation, corimrati"n,
c~'/(/"', tn'SI, rceciI'er, srndiC(l/l!, IlIis and any OIlier cOl/l/lr,cily tllld COIIIII"~ Cil)', lIIul/icipnlil); district or Qlller f'Oliticnl.'<lIbrlil'i,\1(}/l,
Q" .lIlr rlllter grouP or COmbillatioll netill,!; as tlllll;I.' I
(NOTE: A1l3Ch a<luilion31 Jl~gcs 35 nC\;css"I}')
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February 16, 1993
Si!;mllure
!.\,.,' .\:Il!SCI.OSI.~TX.il
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David vo Palmer, Acting Library Director
Print Of lyp.: lIal11.: of l'Ontr:h:t<1r::lpplil';ll1l
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0E06lS;619 ~dl 61:61 E6, ;1 83j .
S'd
NEGATIVE DECLARATION
15-89-79
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negative declaration
PROJECT NN~E: Hermosa and Orange Avenue - Park Master Plan
PROJECT LOCATION: Southeast corner of Hermosa and Orange Avenues
PROJECT APPLICANT: City of Chula Vista - Parks and Recreation Department
CASE NO: IS-89-79
DATE: December 13, 1989
A. Project Setting
The proposed project site consists of five parcels of approximately 9.85
total acres of land and is located on the southeast corner of Hermosa and
Orange Avenues in the Montgomery area of the City. The two northwestern
parcels of the site, one of 2.43 acre and the other of .67 acres, contain
three single family residences, a small church, and a recreation hall for
the church. The northeastern 2.95 acre parcel of the site is vacant. A
SGD&E right-of-way for high power transmission lines tranverses the
southern 3.80 acres of the site.
Surrounding uses include single family houses to the north, a mobilehome
park and an elementary school to the south, an apartment complex and a
storage lot to the east, and a mobilehome park and SDG&E right-of-way to
the west.
8. Project Description
The proposed park master plan involves the construction of a park, which
will contain a 35,000 sq. ft. library, a 10,000-12,000 sq. ft. community
center, a competition size swimming pool, picnic areas, open play fields,
a tot lot, a small amphitheater, a jogging path, and approximately 325
parking spaces.
C. Compatibility with Zoning and Plans
The proposed project compl ies with the City adopted County zoning of
RV-15, AVDS-94 in effect for the area as well as the general plan
designation of Parks and Recreation.
D. Compliance with the Threshold/Standards Policy
1. Fire/EMS
The di stance to the nearest fi re stati on is 3/4 mil e and the Fi re
Department estimated reaction time is 5 minutes. The department will
be able to provide an adequate level of fire protection for this
project without an increase in equipment or personnel.
2. Pol ice
The Pol ice Department is currently maintaining an
level-of-service based on the threshold standards.
- tf, W . city of chul. vlat. pIIInnln; departm.nt
....vlronm.nt.' revI.w ..ctlon
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CHULA VISTA
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3. Traffi c
Provided that the applicant completes the widening of Hermosa and
Orange Avenues to account for intersection transition, installs
street lights on Orange Avenue, provides curb and gutter and
sidewalks, and possible moving of street lights on Hermosa Avenue to
the .lIedian, the project would not adversely affect the existing
levels of service on roads or intersections in the vicinity.
4. Park/Recreation
The Parks and Recreation department has determined that the proposed
project will not exceed adopted threshold standards.
5. Drainage
The Engineering Department has reviewed the proposed project and has
determi ned that wi th the install ati on of curb and gutters and a
drainage system, the project will not exceed adopted threshold
standards.
6. Sewer
The Engineering Department has reviewed the proposed project and has
determined that by connecting a portion of the sewer to an 8-inch
sewer main located on Orange Avenue, the project will not exceed
adopted threshold standards.
7. Water
The Sweetwater Authority has been notified and has not identified any
constraints to providing an adequate water supply.
E. Identification of Environmental Effects
1. Lighting
No significant environmental effects have been identified in this
initial study; however, the additional lighting on the site could
potentially impact nearby residents.
Prior to project approval by City Council, the applicant will be
required to show that the proposed lighting will not negatively
impact the nearby residents or will provide mitigation for the same.
2. Power Lines
Potential environmental concern regarding this project is the
location of the SDG&E high power transmission lines on the southern
portion of the site. The health risks associated with energy fields
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of electricity are an ongoing topic of concern and research within
the scientific comnunity, however, there is no conclusive evidence
confinning that power lines do in fact cause health problems in
humans at the date of this report. The Planning Department is aware
of this concern and is keeping updated on the latest research and
data available on this subject and does not feel that there is
conclusive evidence available to show this to be a significant
environmental impact.
3. Displacement of Residents
Although there will be approximately six people displaced by this
project, under CEQA guidelines, this does not constitute a potential
environmental impact because of the relatively small number of people
bei ng di spl aced.
The City plans to purchase the properties at 341 Orange Avenue, 379
Orange Avenue, 395 Orange Avenue, and 1427 Hennosa Avenue from the
owners and has a legal obligation to assist the residents in finding
housing which is decent, safe, an adequate size, within their
financial means and is in a suitable location. Included in this
assistance to the residents, is payment to assist in carrying out
their move.
F. Mitigation necessary to avoid significant effects
1. Lighting
No significant environmental effects are expected as a result of this
project; however, as previously discussed, the full impact of the
proposed 1 i ghti ng is not cl ear at thi s time. Shoul d the impact of
the lighting be found to have a potentially significant effect during
the design review process, appropriate mitigation will be required.
2. Power Lines
To date there is no documented evidence confirming adverse effects on
humans from proximi ty to power 1 i nes; . therefore, no mi ti gati on is
required at this time.
3. Displacement of Residents
Due to the relatively small number of people potentially displaced by
the project, no mitigation is deemed necessary. This potential
soch' impact is not considered to be significant since the City
plans to purchase the properties from the owners and the people that
will potentially be displaced, will be assisted by the City in
finding decent, adequate housing and also receive payment to assist
in carrying out their move.
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G. Findings of Insignificant Impact
Based on the following findings, it is determined that the project
described above will not have a significant environmental impact and no
environmental impact report needs to be prepared.
1. The project has the potehtial to substantially degrade the quality of
the environment, sUbstantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife population to drop below
self-sustaining levels, threaten to eliminate a plant or animal
comnunity, reduce the number or restrict the range of a rare or
endangered plant or animal, or eliminate important examples of the
major periods of California history or prehisto~.
The proposed park master pl an wi 11 not degrade the envi ronment or
curtail the diversity of the environment. .
2. The project has the potential to achieve short-term environmental
goals to the disadvantage of long-term environmental goals.
The proposed park master plan does not have the potential to achieve
short-term environmental goal s to the disadvantage of the long-tenn
environmental goals.
3. The project has possible effects which are individually limited but
cumulatively considerable. As used in the subsection, .cumulatively
consi derabl e" means that the incremental effects of an indivi dual
project are considerable when viewed in connection with the effects
of past projects, the effects of other current projects, and the
effects of probable future projects.
The proposed park master plan will not result in any environmental
effects that are cumulative in nature.
4. The environmental effects of a project will cause substantial adverse
effects on human beings, either directly or indirectly.
The proposed park master plan contains no environmental effects which
coul d cause adverse effects on human bei ngs, ei ther di rectly or
indi rectly.
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H. Consultation
1. Individuals and Organizations
City of Chula Vista: Roger Daoust, Senior Civil Engineer
Ken Larsen, Director of Building and Housing
Carol Gove, Fire Marshal
Shauna Stokes, Parks and Recreation
Keith Hawkins, Police
Steve Griffin, Current Planning
Advance Planning
Lee McEachern, Planning Intern
Applicant's Agent: Shauna Stokes, City of Chula Vista
2. Documents
Title 19 Zoning, Chula Vista Municipal Code
Chula Vista General Plan
Chul a Vista EIR
This determination, that the project will not have any significant
environmental impact, is based on the attached Initial Study, any comments on
the Initial Study and any comments on this Negative Declaration. Further
information regarding the environmental review of the project is available
from the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA
92010.
ENVIRONMENTAL REVIEW COORDINATOR
EN 6 (Rev. 3/88)/WPC 6987P
;:J. y:z~./
//- ?O/II-t98
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A. BACKGROUND
INITIAL STUDY
FOR OFF! CE USE
Case No. I~ -R?- 77
Fee ~
Receipt No. _
Date Rec'd ~-&. ~.
Accepted by 1272...; .
Project No. F-A'I?S
City of Chula Vista
Application Form
1. PRnJECT TITLE . 0. 0
2. PRnJECT LOCATIO (Street address or description) 5t">,,+f,.f'C>~+ (rv"u-
~hb\
4. Name of Applicant
Address
City c..,tUl I,.. \li "t'o.-
5. Name of Preparer/Agent
Address
City
Relation to Applicant
6. Indicate all permits or approvals and enc
required by the Environmental Review Coord
a. Permits or approvals required:
General Plan Revision
---- Rezoning/Prezoning
---- Precise Plan
---- Specific Plan
---- Condo Use Permit
Va ri ance
3.
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Parce 1
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<; door 0
WI
J,I~
JOJS'~f
pOl'-/:...:
~
s
State
Phone
Zip
documents.
~esign Review Committee
---- Tentative Subd. Map
~Grading Permit
Tentative Parcel Map ~
~ite Plan & Arch. Review
---- Other
. Public Project
Annexation
esign Review Board
development Agency
b. Enclosures or documents (as required by the
Coordi nator).
'7
Location Map
---- Grading Plan
=:;:"Site Pl an
~arcel Map
Precise Plan
---- Specific Plan
---- Other Agency Permit or
---- Approvals Required
~l, .,
-"
(Rev. 12/1:2)
Review
Arch. Elevations
---- Landscape Plans
~~hotos of Site &
---- Setti ng
Tentative Subd. Map
---- Improvement Plans
Soils Report
Eng. Geol y Report
---- Hydrologic 1 Study
---- Biological Study
---- Archaeological Survey
---- Noise Assessment
---- Traffic Impact Report
---- Other
j j- ? I
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B. PROPOSED PROJECT
1. La nd Area: sQ. footage or acreage It). ~ n
If land area to be dedicated, state acreage and purpose.
fl.ll LG"\d crta.. mJ5+- h-t> ~~~i~ ~ Pc.-UI, b~ I r-ec. +c.c... {( +r<S
2. Complete this section if project is residential.
a. Type development: Single family Two family
Multi family Townhouse Condominium
b. Number of structures and heights
- ? -
c.
Number of Units: 1 bedroom
3 bedrooms 4 bedrooms
Gross density (OU/total acres)
Net density (OU/tota1 ac~s~nus any dedication)
Estimated project POPU1:~\~,:,
Estimated sale or renta~rice range
Square footage of floor area(s)
Percent of lot coverage by buildings or structures
Number of on-site parking spaces to be provided
Percent of site in road and paved surface
2 bedrooms
Total units
d.
e.
f.
g.
h.
i.
j.
k.
3. Complete this section if project is commercial or industrial.
a. Type(s) of land use
b. Floor area Height of structure(s)
c. Type of construction used in the structure ,
e.
f.
g.
d.
Describe major access pointr ~ the structures and the
orientation to adjoining ~~€rties and streets
Number of on-site parking spaces provided
Estimated number of employees per shift , Number of
shi fts Total
Estimated number of customers (per day) and basis of estimate
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h. Estimated range of service area and basis of estimate
i. Type/extent of operations not in enclosed buildings
j. Hours of operation
k. Type of exterior lighting
4. If project is other than residential, commercial or industrial
complete this section. .
a. Type of project "PerL ( Po,>,;, "1<.. Ld,r":j S I H
b. Type of facilities provided L\b(",v~ (,""""",)"'I~ (.,,4-<....... R..,~k..
c. Square feet of enclosed structures 3v-3\,'1:r.n '1 4- I- }o ~t~ l~r~ C~,;)S'jCJJ
d. Hei ght of structure( s) - maximum -r wo ~f".rj olS"" ,..~s
- e. Ultimate occupancy load of project i )(\~/,\D<..J,)r"'I
f. Number of on-site parking spaces to be provided tv 3~ S-
g. Square feet of road and paved surfaces ____ '+ ~.r~ 'S
C. PROJECT CHARACTERISTICS
1. If the project could result in the direct emission of any air
pollutants, (hydrocarbons, sulfur, dust, etc.) identify them.
l--l'JrIr'CC ",-h,..,...,;, .c-v,,,,, eul-ol"-Obll-es hve.I\,~ ~/.fro,..., ..,; k...
2. Is any type of grading or excavation of the property anticipated Y-e.s
(If yes, complete the following:) .
a. Excluding trenches to be backfilled, how many cubic yards of
earth will be excavated? U,,,\:,.".....I.....
Prcb...l,I
h. How many cubic yards of fill will be placed? i' br,::l (00..,'"
c. How much area (sq. ft. or acres) will be graded? l)rd<..,..... ,,...,
d. What will be the - Maximum depth of cut
Average depth of cut
Maximum depth of fill
Average depth of fill
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3.
Describe all energy consuming devices which are part of the proposed
project and the type of energy used (air conditioning, electrical
'pp 1i '"'" h..,; '. '.", """. t, ,.",) If ,,",'~~;;; ~ ;t""'kJ,
~:pr'~,,~~~:.~~::~~d~~~2.j ~~~:~~, ~,~~~.=='===~='==";C;~
Indicate the amount of natural open space that is part of the project
(sq. ft. or acres) pf'
If the project will result in any employment opportunities describe
th, "t"~ '"' typ, 'f th", job,. ~d'~:; "'t ~; 0 ~ ~"-J;:""- ~ ~~, ~ '
(0.c.rt....h::>-. "lL/(?Crv\'CI";I.br""'j oo;~....J.p =__-=.=__ ....-"b_"'-c~___J_ s{.,*f
Will highly flammable or potentially explosive materials or
substances be used or stored within the project
site? 1\.\ ()
7. How many estimated automobile trips, per day, will be generated by
the project? I I" ~ M\I.J'1
8. Describe (if any) off-site improvements necessary to implement the
project, and their points of access or connection to the project
site. Improvements include but not limited to the following: ne~
streets; street widening; extension of gas, electric, and sewer
lines; cut and fill slopes; and pedestrian and bicycle facilities.
4.
5.
6.
'.
~~~+l."A~'Ii"3 Q~Q-"'I3~ A\~l.-L;~~"<;~~~~" ~'~~ :ril~~
ato~b (')r<>~::/. ~,," I-(~",,;~~. h, h I u.~~_ _ <:; Irl_ _ '! l.___'..L..b {_lti......
D. DESCRIPTION OF ENVIRONMENTAL SETTING
1. Geology
Has a geology study been conducted on the property? ~(~
(If yes, please attach)
Has a Soils Report on the project site been made? ~)O
(If yes, please attach)
2. Hydrology
Are any of the following features present on or adjacent to the
site? 'f~<:;. (If yes, please explain in detail.)
a. Is there any surface evidence of a shallow ground water
table? \Ic
b. Are there any watercourses or drainage improvements on or
adjacent to the site? y~ S - t4r.,^:",~~ c ~""..I n~"s c:Jo"3 t'~'t-
::; Ie! e... ~ f f'rt:J c-Lj-
//- 7Y
/3?--
- 5 -
c. Does runoff from the project site drain directly into or toward
a domestic water supply, lake, reservoir or bay?
~t-'
d. Could drainage from the site cause erosion or siltation to
adjacent areas? ~IO
e. Describe all drainage facilities to be provided and their
location. l,,",~ "'''' d"
3. Noise
a. Will there be any noise generated from the proposed project site
or from points of access which may impact the surrounding or
adjacent land u~e~? Y~<;-"('1I"-(' Cn,..,., c...h,\~rtA('I~I..,).noISG
~~" C\U\..v""'v\"I-t:!; ~..,-k-i",j /1t"n.UI"j p,,"'L~ lot-
4. Biology
a. Is the project site in a natural or partially natural state?
~)()
b. Indicate type, size and quantity of trees on the site and ~/hich .
(if any) will be removed by the project.~~..:,..p.l-k......n -l.-ti.<; plty1~'
....-ou1"'lcl ~<,\clV\u...'5 - f..' II prol?o.b.:; ~~ _ __~
5. Past Use of the Land
a.
Are there any known historical resources located on or near the
projec~ site? ~t' ~::~ ~ ~~ ~ ~:.~~) "~~~': (: r,~u..1
I^~'" 010-;;'1 I- I ._....J.r ..; - r'\ ~-.
ll"'\'c:..kJr1( cJ c;,~.",d':"1(:CA.{..R (')r'~3~ lh-t"l~ .. ~.pd ~ ~e r"!lri ((fY\c.h.c
fLo <:..d .
Have there been any hazardous materials disposed of or stored on
or near the project site? ...ilA.1-.~ rJ """'
b.
6. Current Land Use
a. Describe all structures and land uses currently existing on the
project site. ~7,~ :t~1~~ ~~~ rt.;:,~;;,{:~ ::~~.-l'd~
r-cC.rl~!-.n,",", \,...(',J___r.{'O_____..... _____"'s:___:-.-_;." i__
I "
)1-7)
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- 6 -
b. Describe all structures and land uses currently existing on
adjacent property.
North
<;',"\J\'( ~........l'j r-t'~ldV'lc~'i. ....,,1.. I<. k.:v.... p.v-/c....
M.,htlt" 1,<")..... p~:-l(c;, fJl,......J'\~ ~(.L..."V'II.
Ap"""~~ Co""f'~lC.. ."'.kM"-S~ lof. J:.:...- ""11,,, I.."
~ '" l~1 I" h 0"-" por-Ic. <,
South
East
West
7. Social
a. Are there any residents on site? (If so, how many?) i'V 5
b. Are there any current employment opportunities on site? (If so,
ho\~ many and what type?) One - P" <;w cf c h..urcJ--..J
Please provide any other information which could expedite the evaluation of
the proposed proJect.
//~ 7t
/'
11 () "
- 7 -
E. CERTIFICATION
I,
~Iner/owner 1n escrow*
or
I , Alec<-"'.......,), -i-o /... n
Consultant or Agent*
or
HEREBY AFFIRM, that to the best of my belief, the statements and information
herein contained are in all respects true and correct and that all known
information concerning the project and its setting have been included in
Parts B, C and D of this application for an Initial Study of possible
environmental impact and any enclosures for attachments thereto.
DATE:
5/7/r9
I ,
*If acting for a corporation, include capacity and company name.
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- 8 -
Case No. ~- i'~-77
CITY DATA
-
F. PLANNING DEPARTMENT
1.
Current Zoning on
!2-v'6 $-9'1
as',? {(tv'~. 8
iV-/S'~ ~II? //. 13
_ lJ' 2 _l _'" ti 10
V-I
site:
North
South
East
West
Does the project conform to the current zoning?
-r(' )7~,1::;..,- rZ. I' ~ C 17:><2 ,,...,....~, r
Ve;. ~t/!)'Cc.""
,
2. General Plan land use
oeslgnation on site:
North
South
East
West
.
ppe!:s ;::.,,1) (?t"c (t'c- - ':,-/
e.:;.' 'Y-<'-v'r/<< L - -< b 'v h_
~/.!>~~''''t .. ;.'-<~'; ;"....
CS,/')t"_-.,;,{ ... n.-.tJ)I""..... ...;...J..:..:.... /~-t-&.c...
ft!.~-5. I~~.".... .t..L ~ J'Y.~D'Vy.... ) f'~~f',.~..'- /c::.,-
Is the project compatible with the General Plan Land Use Diagram?
'1-<' ~
Is the project area designated for conservation or open space or adjacent
to an area so designated? vV!".;.
.
Is the project located adjacent to any scenic routes?
(If yes, describe the design techniques being used to
the scenic quality of Chula Vista.)
11/0
protect or enhance
How many acres of developed parkland are within the Park Service District
of this project as shown in the Parks and Recreation Element of the
General Plan? 1SZ
What is the current park acreage requirements in the Park Service
District? .;:).. /7c. r(' $
How many acres of parkland are necessary to serve the proposed project?
,(2AC/lOOO pop.) Nt1
Does the project site provide access to or have the potential to provide
access to any mineral resource? (If so, describe in detail.) ~/iJ
//-y/
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- 9 -
3. Schools
If the proposed project is resi~ential, please complete the following:
Schoo 1
Current
Attendance
Students Generated
From Project
Current
Capacity
Elementary
Jr. Hi gh
Sr. High
4. Aestheti cs
Nfl
Does the project contain features which could be construed to be at a
variance from nearby features due to bulk, form, texture or color? (If
so, pl ease descri be. ) r....J)
5. Energy Consumption
Provide the estimated consumption by the proposed project of the following
sources:
Electricity (per year)
Na tura 1 Ga s (per year)
~Ja ter (per day)
6. Remarks:
:;>",.., c" 1'.: - F' ~ :' ... '," J
, I
JJ
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---.-
YS-3S3
- 10 -
Case No. IS- Sq -7q
G. ENGINEERING DEPARTMENT
1. Drainage
a. Is the project site within a flood plain? t-JO
b. Will the project be subject to any existing flooding hazards? ~()
c.. Will the project create any flooding hazard~? ~O
d. What is the location and description of existing on-site
drainage facilities? ""'Yv~'" {\('1v..) tJ'f\. YV>-\J.....n\ ~....-.,. \
e. Are they adequate to serve the project?
f. What is the location and description of existing off-site
drainage facilities? ~h..",""t +\1\1" t'l" ",n:tu/h\ ~.\ \.
;"l'~ ~k(~fll\~ A..7..M.cr ~,.: \\'t~" /""'\
g.
Are they adequate to serve the project? }J0. C...k> ~ G\l..-t\e-. ~ V-
&o.\~ 5>'1'~t~"fV\P..'{ b<:.
Y"etf <-l,\-ecl,. . .
What roads provide primary access to the project? 1')(ai/ljeJ nUe.
1" HCfrnO"a.. fLJe .
What is the estimated number Of~y auto trips to be I
generated by the project (per day)? 1<=;,,<;I'J (A.\tu. j ')
4F2,() (A !to (\rd, >If ? )
2.
Transportation
a.
b.
c. What is the ADT and estimated level of service before and after
project completion? )
Before
After
A.D.T.
L.O.S.
I tiFi()J
J/)~~()
c.
~
IJRA.tJ61E
t1I=RH~A
C't:?~E:
fI eteti054
1/ 7.30
IIQ If)
.. D
po
d.
Are the primary access roads adequate to serve the project? tVO
If not, explain briefly. ~7Y1",.t w'lrl\'\~ ~ ()f"""~ ~
i c, ~ v-,'rl> J. z..-t> t"l t\,..." '^..... ~ .;.*:'=' .
e.
Will it be necessary that additional dedication, widening and/or
improvement be made to existing streets? ,<,~L,
If so, specify the general na f the necessary actions.
/ -~)
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"
YS - 38'3
- 11 -
Case No. IS-B'I-7Q
3. Geology
a. Is the project site subject to:
Known or suspected fault hazards? ~()
L i quefacti on? !VO
Landslide or Slippage? IVO
b. Is an engineering geology report necessary to evaluate tbe
project? YP:-. prIll; To ..-.,. 'r;J pt>A-m.+.......
Soil s Gradh;J .
4.
a. Are there any anticipated adverse. soil conditions on the project
site? AJ/J... /\/0 IA/1=6R HLJ. TlOA.-/
b. If yes, ~Ihat are these adverse soil conditions? AJt) IN!=().
c. Is a soils report necessary? ~s~, f1.'6r -t> 9rh/bif B'/n7'T.
5. Land Form
:
a. What is the average natural slope of the site?
Flat
F/OJ
b. What is the maximum natural slope of the site?
6. Noise,
Are there any traffic-related noise levels impacting the site that
are significant enough to justify that a noise analysis be required
of the applicant? ~O
,
/I/YY
~/
/4
.
Y6 - 383
- 12 -
Case No. IS-8Q-7Q
7. Air Quality
If there is any direct or indirect automobile usage associated with
this project, complete the following:
Total Vehicle
Trips Emission Grams of
(per day I Factor Pollution
CO 1='60 X 118.3 . /8454-3
Hydrocarbons 1560 X 18.3 . Z B54-8
tJOx (NOZ) 1560 X 20.0 . '2>12.00
Particulates 1560 X 1.5 . 234-0
Sul fur /560 X .78 . 12.16.'&
8. Waste Generation "
How much solid and liquid (sewage) waste will be generated by the
proposed project per day?
Soli d
Cf40#/Dcv.j
Liquid
/3/60 GrPD
What is the locatjon and size of existing sewer lines on or adjacent
to the site? ~- ~':; ~~~; ~,.~~ ~'~? :"~.Q~
0\,,-,.. r;.:ey."", Ho' 0 .... ..u-':J ~ (j I~ ,.....-t,3tJj.
Are they adequate to serve the proposed project? ~~. 5e, R...,t\-2r~.
9. Public Facilities/Resources Impact
If the project could exceed the threshold of having any possible
significant impact on the environment, please identify the public
facilities/resources and/or hazards and describe the adverse impact.
(Include any potential to attain and/or exceed the capacity of any
public street, sewer, culvert, etc. serving the project area,.)
~.~ '
. Z /7..-ll, --/",j1IHLA1/{
Remarks/necessary mi,ti gation measures Se WI'... mo,,,.. (I'" ./::,;~
.aJ:Ul fl,~t" P1M~ o.n' 1),,1~1\,^,'V -t-.~ ~n\\"'~"\ '''~
Ho"h rJlh;rlo1"" nl't!1I en"",,L;ry. R~"l'Y/m"o'I.d f'r,"'Yll'"t"j 'Ci
, .
:E:Zt.":i"- 0 "'f"hp .~n1P/I T~ St>.J.RA l-IoA, nn tJrQ~1' H1l1U}'h.J lO...<,.t~.
~~~:"d ,~~,=,~,.
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See G)(\\\~'''.~'' 1=0. c:le.-\a:.\."..
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({) Tra.ff,-c- "S~"JV\CI.\ lI..bvk. w\ \\ lex \""e'1LA'v-ecl 0-1 iilt~c..t;o"\ du.c. t~
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(i) STreet Itjhts 011 H::.rm054. ~ be. Vl1{)ved 10 rned'-C1i1 ;-1 street
w, clel'\\"b f'€9v..\kd. ~o:.t,
See atia.dlecl CVZJ'=>> ?ut'-Ofl~. inter5uf.'o" -trans; t/v., refails .
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appropriate by the City Engineer. If a bike lane is to be provided on
this four-lane motor hcil ityand parking is to be retained, an additional
10 feet of right-of-way will 'be required to allow for a lO-foot widening
of the roadway cross section. Four-lane majors shall also provide
landscaped buffer areas. Pedestrian crossing demand should be well
planned, focused and controlled to direct pedestrians to designated
crossing points at signalized intersections.
Widen all approaches to intersections as per Exhibit "A" in order to
provide for additional lanes, as per Exhibit "E."
to
.'00'/104'
to
LANOSCA
BUFFER
~
2:1 MAX ::>
/'"
,........ PARKING
t 8 8 I
I .10'/12 ' "'O'/IZ' I
PEO LAND
AREA 3Z' 8' B' 3Z' BUF
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-j .. "5.5'18' - t-
- 5.5'/8'
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SCAPED
FER AREA
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~ PARKING ......................
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"104' RIGHT. OF- WAY DUE
TO e' SIOEWAL.K IN
COMMERCIAL. AREA
4-LANE MAJOR
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.... , ., CifJWNllLIIIE
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U~ E~h;b;.f hE" d;",,.......s,'c...s I,.,. +lte in-fe-",S'<=-~*,,11 y;/r-PQc..1, e-s
>-fr-t;e-f L,';h+.; w;/I be.. ~",;~ ~Ii cJrq"'je.J".:l.$o w.-.+'I OD"/'/e. AII"j
in +t.e. meel,'e.", / /-77 /"" 5'1 ---
ADDENDUM TO
J/-rr
ADDENDUM TO NEGATIVE DECLARATION 1S-89-79
South Cbula Vista Library
(Formerly Hermosa & Orange A venue Park Master Plan)
PROJECT NAME: South Chula Vista Library
PROJECT LOCATION: Southeast comer of Fourth and Orange Avenue
PROJECT APPUCANT: City of Chula Vista Library
PROJECT AGENT: David Palmer
CASE NO.: IS-89-79A
I. Th'TRODUCTION
The enviromnental review procedures of the City of Chula Vista allow the Enviromnental
Review Coordinator (ERC) to prepare an addendum to a Negative Declaration or
Enviromnental Impact Report, if one of the following conditions is present:
1. The minor changes in the project design which have occurred since completion of
the Final EIR or Negative Declaration have not created any new significant
enviromnental impacts not previously addressed in the Final ElR or Negative
Declaration;
2. Additional or refmed information available since completion of the Final EIR or
Negative Declaration regarding the potential enviromnental impact of the project, or
regarding the measures or alternatives available to mitigate potential enviromnental
effects of the project, does not show that the project will have one or more
significant impacts which were not previously addressed in the Final EIR or
Negative Declaration.
This addendum has been prepared in order to provide. additional information and analysis
concerning human health, social displacement, lighting, soils, traffic, and land use impacts. As a
result of this analysis, the basic conclusions of the Negative Declaration have not changed. Human
health, social displacement, lighting, soils, traffic, and land use impacts are found to be less than
significant for the proposed project.
Therefore, in accordance with Section 15164 of the CEQA Guidelines, the City has prepared the
following addendum to the Negative Declaration for the South Chula Vista Library IS-89-79.
D. PROJECT DESCRIPTION
The proposed project originally, onsisted of the construction of a park which would contain
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a 35,000 square foot library, a 10,000-12,000 square foot community center, a competition
size swimming pool, picnic areas, open play fields, a tot lot, a small amphitheater, a
jogging path, and approximately 325 parking spaces.
The project, as revised, includes only the construction of a 37,032 square foot, single-story
public library, passive park uses, and 175 parking spaces. The library includes a literacy
center and meeting room complex. Associated with the project are improvements and street
widening at the southeast corner of Fourth and Orange Avenues. Work will include raised
medians, curb, gutter, sidewalk, asphalt/concrete pavement, street lighting, landscaping, and
traffic signal modifications. Two trees within the public right-of-way will be removed.
Discretionary actions associated with the project include a Conditional Use Permit to allow
a library in a residential zone.
III. PROJECT SETTING
The site is currently predominantly vacant and covered with gravel, grass, and weeds.
Several small trees are on the site. One single-family home is in the middle of the site and
several single-family dwellings and a church are on the east portion of the site. All of the
structures are vacant. Two dumpsters are on the eastern portion of the site. The site has
been previously graded. An SDG&E right-of-way containing twin 138 KV transmission
lines and 69 KV subtransmission lines transverses the southern boundary of the site from
east to west. Adjacent uses include a mobile home park to the west (across Orange
Avenue), multi-family apartment buildings to the east, single-family residential to the north,
and the SDG&E easement to the south.
IV. IDEl'I<'TIFICA TION OF ENVIRONMENTAL EFFECTS
A. Human Health ImDacts
The project, as originally proposed, included a public park which would have been
partially located within the SDG&E easement. Concerns about the possible health
effects caused by exposure to electromagnetic fields (EMF) associated with electric
utility lines were raised at that time. As a result of these concerns and concerns
raised by adjacent residents regarding possible crime associated with the park, the
site plan was revised to eliminate the park. Under the current proposal, the library
is set back approximately 150 feet from the edge of the transmission line easement.
The parking lot provides a buffer between the building and the easement. There is
presently a lack of consistent scientific data regarding the health hazards caused by
human exposure to EMF from high-voltage transmission lines. Exposure to EMF
has been mitigated for the project due to the distance separating the transmission
lines from the library structure. Since most fields fall off at a distance of 150 feet
from the source, and since the potential for exposure to library portions would be
intermittent and not chronic, human health impacts are found to be less than
significant.
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B. Social Disolacement Imoacts
Initial Study 89-79 identified the displacement of six residents on the site as a
potential social impact. Measures required to mitigate this impact to a level below
significant included purchasing the properties from the owners, assisting the residents
in fmding decent, adequate housing, and providing payment to assist in carrying out
the move. These measures were implemented, and there are currently no residents
living on the site. Thus, since the City has fulfilled its obligation with regard to the
former residents, social displacement impacts are found to be less than significant.
C. Li!!htin!! Imoacts
Additional lighting on site could potentially impact nearby residents. Prior to
issuance of a building permit, the applicant must show to the satisfaction of the
Planning Director that the proposed lighting is of a type which can be shielded from
surrounding areas to ensure that impacts to nearby residents are less than significant.
With conformance to City performance standards regarding shielding, lighting
impacts are found to be less than significant.
D. Geolo!!v/Soils Imoacts
A soils report conducted by Robert Prater Associates (January 1991) examined the
soil types that exist at the project site and the engineering design measures required
to permit the of construction of a 35,000 square foot library. The study found
generally sandy clay with a low to medium expansion potential. No free ground
water was encountered, and no faults are known to pass through the site. It was
concluded that the site is suitable for construction of the proposed building, provided
that the recommendations presented in the report are followed. These
recommendations included directions for excavation, fiU, slope, drainage and other
construction activity. With adherence to all recommendations of the geotechnical
report and any requirements 'of the City Engineering Division, soils impacts will be
less than significant.
E. Traffic Imoacts
During the construction phase of the library facility, as well as during the street
improvements to Fourth and Orange Avenues, traffic may be temporarily impacted.
Significant short-term traffic impacts would be associated with building activity,
public works personnel, and construction equipment. Traffic impacts would be short-
term and terminate upon project completion, and therefore, these traffic impacts
would not be significant.
The street widening and improvements are required to ensure that the proposed
project will not adversely affect the existing levels of service on roads or
intersections in the vicinity. The project, as revised, will generate substantially less
traffic than the park and associated facilities propos_'I1 in the original project. Traffic
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impacts were not found to be significant in tho: original Negative Declaration. Thus,
traffic impacts from the proposed project are found to be less than significant.
F. Land Use Imoacts
The site is zoned for one and two-family residential (R2P) and designated on the
Chula Vista General Plan as Parks and Recreation. It is designated in the
Montgomery Specific Plan as low/medium density residential (3-6 du/ac). The
Montgomery Plan identifies the site as an alternative site for a library. Libraries are
unclassified uses which may be sited in any zone or General Plan designation with
a Conditional Use Permit. Furthermore, the library site designates a portion of the
site for future passive recreation uses. Thus, the proposed project is consistent with
the General Plan and zoning, and land use impacts are found to be less than
significant.
V. CONCLUSION
Human health impacts are found to be less than significant for the proposed project due to
the distance of separation between the proposed structure and the transmission lines. Soils
impacts are found to be less than significant with adherence to the recommendations
contained within the geotechnical report undertaken for the project. Social displacement
impacts are found to be less than significant due to the relocation measures previously
implemented by the City. Lighting impacts are found to be less than significant with '.
compliance to City performance standards regarding shielding. Traffic impacts were found
to be Jess than significant due to the reduced scale of the proposed project as compared to
the previously proposed project, as well as the street improvements which will be
undertaken in the project vicinity. Land use impacts are found to be less than significant
with a conditional use permit.
Pursuant to Section 15164 of the State CEQA Guidelines and based upon the above
discussion, I hereby fmd that the project revisions to the proposed project will result in only
minor technical changes or additions which are necessary to make the Negative Declaration
adequate under CEQA.
n\..H~ tt4l K e.. 11'l.iU.L4.
ENVIRO MENTAL REVIEW COORDINATOR
REFERENCES
15-89-79 Hermosa & Orange Avenue Park Master Plan, December 13, 1989
General Plan, City of Chula Vista
Geotechnical Investigation for Chula Vista Library, January 1991, Robert Prater
Associates
Title 19, Chula Vista Municipal Code
City of Chula Vista Environmental Review Procedures
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1. PROJECT TITLE OUTH CHULA VISTA LIBRARY
2. 'ROJECT LOCATION ( ..t address 01' '.scrip onJ
SOUTHEAST CORNER FOURTH AND ORANGE NUES
AUU&Dr. Book. Pag. l ..eel No. 623-. -14 623-010-15 623-010-29
3. BRIEF PROJECT DESCRIPTION 37 032 SUE FOOT PUBLIC LIBRARY
INCLUDING LITERACY CENTE AND MEET G ROOMS. FACILITY HAS
175 PARKING STALLS.
t. Haml of Applicant CITY OF CHU VISTA - LIBRARY
Addr.ss 365 FREET Phon. 691-5170
tit,)' CHULA VISTA Zfp 91910
S. Name of Pr'Par.r/Agent DAVI PALMER
Addrest 365 F STREET 691-5170
City CHULA VISTA tatl CA 91910
Re'atfon to Applicant ING'LIBRARY D
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APPLICATION CANNOT IE ACCEPTED UNLESS SITE PLAN
IS FOlDED TO FIT IIITO AN '.1/2 X 11 FOLDER
A. IACKGRQU.tQ
IHInAl STUDY
tit,)' 0' Chula Vilta
Application For.
FOR OFFICE USE
i
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Depotf ~
1tC. io 0
Dd c'd
"tiel 111
o~.ct 110.
10 IndIcate a" permits ~r .pprovals and Incl uris 01' dOCUMents
required by the Envlro enta' R.view Coordinator.
e. P.rmits 01' appro als required:
--- Gen.ra' Plan Amendment Otslgn Revi.w Application.!. Pub c Project
--- Rlzon./Pr.zon. Tentatlv. Subd. "~p ___ Ann. tlon
--- PrtcUt Plan t:r.ding '.rmit _ bdlY. pmtnt Ag.nty
--- Specific P'en T.ntatlve 'Irc.' Map ___ 0.'. .
-4- Condo Use Permit ___ $lte Plan l Arch.R.vl.w ___ Red.v.'o nt Ag.ncy
--- Varlanc. ___ Project Al'ta Comrnltt.. D.O.A.
'... Coasta' Dev,'opment Us. P.rmit ___ Other
'e,..,lt
. b. [nclosur.s Or docum,nt, (as required boY the Enylronment., aevi.w
Coordinator).
--- Cradina Plln ___ Arch. [1lvlt1on,
--- Parcel Map ... Landscap, Plln,
--- Prlci.. P'an ___ Tlntatlye $ubd. "ap
--- S~eci'ic Plan ~ Improvement Pl1ns .
--- Oth.r Agenel Permit ~ Soils R.port
or A~proval$ .Requlred ___ Hazardous Wlstt
ASSlullltnt /1- 9.J
"PC OCUP/sniP
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___ H,ydrologlcal Stud1
___ Blol.,ica' Studt
... Archatologlcal Surv.y
___ Hoi'l Aillllmlnt
_ Trlffic IlIpact Report / /. /
--- Oth.r ) w
/
.. "OPO$[D eROJECT
1. I. Lind Aria: sq. footage 261,360 sq,ft. or Icrea;1 6
If land arl. to be dedicated, Itate acraag. and ,UppOII.
.
b. Does the project involve the constructlon of II.", bul1dlnlls, or
.il1 existing structurlS be utilized? NEW BUILDING CONSTRUCTION
I. Compltte thls l.ct10n if,project is 1I11dID11Il.
I. Type development: S1n;l. family Two f..ll~
~ltl 'amil, Townhouse Condomlntu.
b. Total number of structure.
c. Maximum height of structures
d. NU1Ilbtr of Unitl: Ibedroom 2 bedroOlls
3 bedrooms 4 b.drooms Tota' units
t. Gross density (DUttotal Icres)
f. Nit d.nslt1 (DU/total Icres .lnu. any dedication)
g. Estimated project population
h. rltl.ated sa'e or rental prlcl rang.
i. SQuire 'ootage of structure
j. Percent of lot coverage by buildings or structures
k. Number of on-sitt parkin; spac.s to be provided
1. P.rcent of sltl ln road .nd pav.d surfaea
3. Complete this section If project is comm.rel41 or ~ or I1lId
W'
a. T,P'(S) of land use
b. Floor area Height of structurt(s)
e. Type of constructlon used in the structure
d. Oescrlb. Major access points to the structures and the
orientation to adjolnlng prop'l'tlu and str.ets
t. Number of on-lite parkin; IPI~'S provided
f .tst ll1lted number of IlftploYlIs per shift . "uabtr .f
Shifts Total
,. Estlllat,d number of customers (per dll) and basis of tcti.lte ___
h. [stimated number of de1fverles per day
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4. If project i. ~ resid.nt1.,. commerci.l ., industr1al
. compl.te this Ifct10n.
.. Tn' of project CIVIC
b. Tlpe 0' fac',1ttls provided PUBLIC'LIBRARY
e. Squlr,' flat of Inclostd .tructur.es' 37.032
d. Hlight of structur.(s) . "x1.Ym. ONE STORY - 35 Ft.
... Ult'.at. occupancy load of project 450 PJOPLE
f. Number of on.sitl parking SplCIS to b. providld 175
g. SqUIl"l f.lt 0' road Ind ,'ved turfacls 121,137
- h. Addltionll proJ.ct charlcterlstics INCLUDES LITERACY CENTER AND
MEETING ROOM COMPLEX
f. Estimated range of ..rvice ar.a Ind basls of Ist1M1te LIBRARY WILL SERVE
. SIDENTS S.of L Street, E of.Ba front, W of Sunbow,N of City Line.
J. Type/utent III oP'1"1\ ons 110 {n tnC10llcllt"f1dln,s
NONE
k. Hours of Oplrat10n 8AM-9PM "-Th, 8AM-6.PM F&S, 12 Noon-5 PM Sunday
1. T,P' 0' .~tl'lor ltght,n; BUILDING GRADE AND POLE TOP FIXTURES PER CITY'
c. !WID ~HARACTEBlSll.'S
1. If thl project could result 1n the dIrect emislion of .~ air
pollutants. (hydrocarbons, sulfur. dust. ItC.) 1dlnt1'~ thlm.
HYDROCARBONS (construction, vehicles) DUST, (grading operations)
2.
Is any type of gradln; Or excavltlon of the proptrt~ Int1cfpatld
(Jf- YI.. complete the foltowlng:) .
I. Excludlng trl"ches to b, bacHm'd, how ..a"l cub1c yards of
.arth ~nl be excavated? , ~nn rv
b. How mlny cubIc yards of fl11 .,11 b. placed? 25.100 cv.
C. How ~uch arl. (sq. ft. or Icre.) w111 .. traded? 5.4 acres
d. What wl11 ... the. M.ximum d,pt~ of cut 1 ft +/_
Ave,age depth of cut .05 ft +/_
Maximum depth of fill 9 ft +/-
Averaif depth of f111 3 ft +/-
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3. "111 there be Iny noht gen'l'ated from the PropOStd ,roJect ,ite 01'
from polnh 0' Iccess which illY tlllDlct the Ju",oundln; Or I!d.1aclnt
llnd UI!S? TEMPORARY: CONSTRUCTION VEHICLES
PFRMANENT: TRArYJC
.' 4. Describe 111 tn'1'1I1 conSU1llIIl11 devlc.s which ar. plrt 0' the ,rOPosed
proJect and the type of tnlr;)' used (air conditioninG, .lectrfCll
applilne., h..ting equipment, .tc.) HVAC. ELECTRIC. GAS
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5. Indlclte thl amount 0' natura' open spice that f. 'Irt of the 'l'oJeet
(.q. ft. Or aerls) 2 acres +(-
t. If the project wf11 r.su1t fn 11\1 _101ftl.nt Oppllrtunitt.. 'Isel'fbe
the nlture and type '0' thlsl ~ob.. Librarians. oara-orofessionals/
Library Assistants and Clerical _
7. "111 highly 'f1allllllabl. or potenth",)' explosiYt ..hrll" or
substances be used 01' .tol',d within thl proJlct
11tl? No
8. How IIlny estimated IUtOlllObll. trips. PII' dlY. will.. a",,,....+.1I ....
the project? . '\'IJ" ~ k ~ ~
t. Describe (If ~ ~
project, and k~
IHe. Improy -4.. & ~ ' 0J--1
streets; stre ~ ~J.. /1" ~
Hnes; cut Inc {2 J6) ~_ ~~. 7~ ~
lInderaround _I ~, ~/
and Orange A .:/U.... _~ /II..",' -1- C) 3~) r. ... ...1" t
are not requ /JIA"'-Y~' ~ e' "'_A.-'1/J, ~
o. ~ V-:--il . e2,7~O ~~
J. ~ L/~A" /:J :76) -/~J^~1J.
Has . g.010;1 {/"'CY l::" -./' 7 - ~?j
(If yn, plus
HIS I $0111 R.port on the project Sit. been IIlde? Yes
(If 11$, please attach) .
2.~
Are Iny or the rollowin;! fllturte ,".sent On 0" adjacent to tht
11te7 Yps (If YIS, pllasl Ixplaln fft detll1.)
I. Is th.r. any lur'ace Ivfdlnce of I ahallow ,round .It.r
tabl.? No
b.
Art there any wltlreourses or drllna;. tmprovI~"tson or
adjacent to the sftt? No
"pt 0413p/U5gp
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Does runoff from the project lit. drain directly into Or toward
a dome.tic water supply, lake, ....rvoir or bl17
Yes. San DieQO Bav. Otav River
Could dr.'nag. frOIll th. lit. causI ,ros'on Or ,ntau'B to .
adJac.nt ar'ls7 Yes. Possib1v to SE corner of Slte on to 5 G&E Right of W
Describe 11' drainlg. 'aciliti.. to b. providad Ind th.ir
10cat10n. nder round st r in s stem surface flow in arking lot
d.
.~
., lAW
a. Art th,r. Iny lIoh, 'OUI'CII in the ,rojact Yicinltl which .ay
1lplct tha proJlct lite? HVAc on roof
-
4. ~
a. Is the proJ.ct .'tl in a nltura' 01' partll"1 nit yr.' Itata?
No
b, Jf ,yes, has I biological surve, be.n conducted on th. ProP.rt,y7
VII No x (Please attach I copy).
c.
Describe
location,
any) wl1l
Peoper,
a" trees and Ytiltation on th. sitl. Indicate
"Ifght. dilmeter, and speel,s Of tr..s, and Which (if
be r.moved by the proJlct. -L2~ Schinus Molle California
Approximate1v 30' 1n height and 26' wide to remain
I.
I. Are th.re Iny known histortCll or ~6ch'0",icll I'tSOurCI'
lOcated on Or ftl.r th'.proJect sit.?
b. Are there any known p".ontologicl' r.sourels7 No
-
c. Hav. there bel" Iny hlzardous .It.,.tlls dispos.d of or Itor.d on
or ft'.r the proJect .Ite? No
d. What wa. th. land previously u..d for? Residential. church
strawberry patch
J /--; ?
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I. Descr'be all structures Ind llnd USI~ curr,ntJy .~iltlftG Oft the
proj.ct 1ft.. Church Building and three res; ent1al str~ctures
all vacant
b. Describe III Itru'tures and land VI.S currentl1 existin; on
adjacent ~~o~.rty. .
North OranQe Avenue
South SDG~F POWER L~E RIGAT-OF-WAY .
Elst APARTMENT BUILDJNu~
W.st ~UUKIH AVtNUt
7. JDc1a~
I. Ar. thert any r.sfdlnts on 1ft.? (If so, how .,ny?) NO
b. Are there Iny Currlnt tmployment opportunlties on site' (If 10,
how many and wh.t type?) NO
8. Please provide any other information which m.y Isslst 1ft the
Iva1uatlon of the propos.d project.
,
VPC 0413p/S.S9P
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E. ~[RTIFI'~TIO~
I. ;::~~~ DIRer
Owner/own.r tn esCl'OW' .
I,
Consultant or Agent*
HEREBY AFFIRM, that to the b.st 0' ~ b.lt." the statem.nts and inform.tton
hlrt1n conh1ntd I'" in 111 r.sp.c;h true and correct 'nd thit 111 known
information concltrning the project and its Slttill9 has bltn included in this
IPP"clt10n fol' In In1thl Study of possible environlll.ntal hnpact and any
.nclosures for Ittachments thereto.
DATE: 2(26/93
Ilf Ictfng for I corporation, include capacity and cO~I"y name.
.. lIPe 0413p/9459P
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FOR OFFICE USE
INITIAL STUDY
City of Chula Vista
Application Form
Case No.
Fee
Receipt No.
Date Rec'd
Accepted by
Project No.
A. BACKGROUND
1. PRIlJECT TITLEST-151 ''sjP~ WIl:6lING.- S"'".,.,.......,....t"~I~D a: I"OlJ~A"1">~
2. PRIlJECT LOCATION (Street address or description>SO~ ,,,.,.rr=,,, D~ A"'~~
1=ZVe::n-.. A41,.., """A"'F Av~tJ~ A~ "Fi...mJ1aJ::: L.I~~\~~<&PI ~"A~lr" AvE.f.W~'
As B k P & 1 N ~1..z!1o-'i'.If'7, -~... 1(" 20' "..J
sessors 00. age parce o. h2.~-~1.0Z.Il" /II 1../e.2.!.~~.rL07
_ . 1f JI I -
3. BRIEF PRIlJECT DESCRIPTION5II'EB"r Wr>-FJJuJ& A..m '''.I~'7/.'' tJF ~,.er I~~TS
AT"'7"JI.E ~/"""''''''r..- t!.OA.lJFJe. t)Jj:" 1=i>11l!nlALlrJ 1JIf'A../~ .4..lII=:JiJIX:.. w~~~ 11JCJ-lJbR:. IGA../C~l:> MEt::>I..-...LS,
CJJ~,c;,l../"TTFJ!;Sf'bcI..J.6r/..K.,A.t:.~lI".;EM~ ~~'-I&J+T'11.M. 1.....~A.~t.lf~AL1b~~~ S~l
4. Name of Applicant City of Chula Vista / Engineering Division MDl>iF/c.A,ttO-J.,
Address ?7f, Fnllrth AvpnllP Phone 691-5259
City Chuh Vi<t, State l':A Zip Q1Q1n
5. Name of Preparer/Agent Rn~er I. n,nu<t
Address 276 Fourth Avenue Phone f,Q1 _l;,l;Q
City Chula Vista State l':A Zip Q1Q1n
Relation to Applicant Fmnlnyee I ~eninr l':ivi1 Fn~inper
6. Indicate all permits or approvals and enclosures or documents
required by the Environmental Review Coordinator.
a. Permits or approvals required:
General Plan Revision
---- Rezoning/Prezoning
---- Precise Plan
---- Speci fi c Pl an
---- Condo Use Permit
---- Variance
Design Review Committee ~ Public Project
---- Tentative Subd. Map Annexation
---- Grading Permit - Design Review Board
---- Tentative Parcel Map ---- Redevelopment Agency
---- Site Plan & Arch. Review-
---- Other
b. Enclosures or documents (as required by the Environmental Review
Coordinator).
~ Location Map Arch. Elevations Eng. Geology Report
Gradi ng Plan - Landscape Plans ---- Hydrol ogi cal Study
---- Site Plan ---- Photos of Site & - Biological Study
- Parcel Map ---- Setting - Archaeological Survey
---- Precise Plan Tentative Subd. Map - Noise Assessment
= Specific Plan ~ Im~rovement Plans(f'RB-IMI-= Traffic Impact Report
Other Agency Permit or _ Sa1ls Report ~) ~ Other "'EC..1>Ea. Fe>p..'
-ApprovalS Required / / ~/f:lt/) IS-~'1-71"to3 /
/"
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B. PROPOSED PROJECT
1. Land Area: sq. footage /2/.0tY!:J or acreage 2. 7A
.
If land area to be dedicated, state acreage and purpose.
.
N^A/~
2. Complete this section if project is residential. ,J~
a. Type development: Single family Two family
Multi family Townhouse Condominium
b. Number of structures and heights
c. Number of Units: 1 bedroom 2 bedrooms
3 bedrooms 4 bedrooms Total units
d. Gross density (DU/total acres)
e. Net density (DU/total acres minus any dedication)
f. Estimated project population
g. Estimated sale or rental price range
h. Square footage of floor area(s)
i. Percent of lot coverage by buildings or structures
j. Number of on-site parking spaces to be provided 110 OI(-S~1<<rr J:it.!<KIIo../~
Ie. Percent of site in road and paved surface t.tlr: 1., ~!:> /'Z2.'!:. IIJ "'~D
. SlJ~F'i'ICC
3. Complete this section if project is commercial or industrial.~
a. Type(s) of land use
b. Floor area Height of structure(s)
c. Type of construction used in the structure
d. Describe major access points to the structures and the
orientation to adjoining properties and streets
e. Number of on-site parking spaces provided
f. Estimated number of employees per shift . Number of
shifts Total
g. Estimated number of customers (per day) and basis of estimate
,
//--/0/
to~. /
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. h. Estimated range of service area and basis of estimate
i. Type/extent of operations not in enclosed buildings
j. Hours of operation
k. Type of exterior lighting
4. If project is other than residential, commercial or industrial
complete this section.
a. Type of project C!A P!7;1,.L IMPRf)"-- . p~TFr:r-
b. Type of facilities provided MJ,..:Tt)12. 11+c2/')f)~~12F
c. Square feet of enclosed structures NM
.
d. Height of structure(s) - maximum ~~
e. Ultimate occupancy load of project NJ.4
.
f. Number of on-site parking spaces to be provided}/I'J CII-.f:"nt!~ rARl'I"'G
g. Square feet of road and paved surfacesloe~Q!;) SF. ~/~,."."., {;F PAvED
I 0/<.FiIlCE
C. PROJECT CHARACTERISTICS
1. If the project could result in the direct emission of any air
pollutants, (hydrocarbons, sulfur, dust, etc.) identify them.
:DuST MAY B& ~=-Ai"l:'r> PuIZ./N6. ('.nA1~TT2J crlc:N t>f'5RAi'1cNt;;.
2. Is any type of grading or excavation of the property anticipated YFC;.
(If yes, complete the following:)
a. Excluding trenches to be backfilled, how many cubic yards of
earth will be excavated? ~CU> t!.l.JEIC ~ t:.
b. How many cubic yards of fill will be placed? 2r1:n Gl)f1,(c. ~ T
c. How much area (sq. ft. or acres) will be graded? /I'!!(.ot:o ~~ FEE:r
d. What will be the - Maximum depth of cut /.S- r8.'r
Average depth of cut I FOcr
Maxillllm depth of fill I FDO'r
Average depth of fill tJ.5" t:i:-.- "/
) (-- / {/ ~ ~'D~ /
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3. Describe all energy consuming devices which are part of the proposed
project and the type of energy used (air conditioning, electrical
appliance, heating equipment, etc.) JV~
4. Indicate the amount of natural open space that is part of the project
(sq. ft. or acres) A/1'1AI~
5. If the project will result in any employment opportunities describe
the nature and type of these jobs. &Nsr1i!lV:rmtJ- .", ___ t="IufPu,VM~
"~A"nE<' DtJlllAK r~/~I2f)r~;"n,.,j t)MLY
6. Will highly flammable or potentially explosive materials or
substances be used or stored within the project
site? No.
7. How many estimated automobile trips, per day, will be generated by
the project? -&
8. Describe (if any) off-site improvements necessary to implement the
project, and their points of access or connection to the project
site. Improvements include but not limited to the following: new
streets; street widening; extension of gas, electric, and sewer
lines; cut and fill slopes; and pedestrian and bicycle facilities.
:r1Js:rAUJr.TI~ 1"'Jr:: A.c. PAVE:MEN7j A..C. f:&VE.AA~ OV~R-L.A,< Cu~~ (Jlfr,EZj
51t:lEWAu( . FA-!.::.lE1"> ME..,."A-IJt;,. Sf"R~l'?r L/toHT'ING ~F'C. S/~ Ne'bIFICA,Tlor(S,
/ J
D. DESCRIPTION OF ENV!RONME~~~ SETTING ~ ~C)s~,~.
1. Geology
Has a geology study been conducted on the property? #10.
(If yes, please attach)
Has a Soils Report on the project site been made?
(If yes, please attach)
2.
Hydrology
Are any of the following features present on or adjacent to the
site? YB.;. (If yes, Jjlease explain in detail.)
a. Is there any surface evidence of a shallow ground water
table? ND.
liD, 'TfcJr So/'- ~~ WIt.:.L...
.
lfE~ 77> ~(Nl
1(-VAWSS
b. Are there any watercourses or drainage improvements on or
adjacent to the site? YES. .;.rru::r'-'T>I?4"JA~ Fk.1l-lnE; ~r,
CDN~-t..("'Eb ~"'a{SoVTil~6lF ~'n /
LlB1iWZ.Y f}1....P:) ,tp..LV
//-/03 ;- ,
- 5 -
c. Does runoff from the project site drain directly into or toward
I domestic water supply, like, reservoir or blY?
Nt>.
d. Could drainage from the site cause erosion or siltation to
adjacent areas? 1.10
e. Describe all drainage facilities to be provided and their
location. /JoNE.
3. Noise
a. Will there be any noise generated from the proposed project site
or from points of access which may impact the surrounding or
adjacent 1 and uses? ,,,,,'L.V DtJI<I~ t?f>I./<;r"f;iWC/lt:"./ ~PF~/r:JoJ.'"
4. Biology
a. Is the project site in a natural or partially natural state?
No
b. Indicate type, size and quantity of trees on the site and which
(i f any) wi 11 be removed by the project. "TWO ~pC. W rrHlN "FV8uc
1ZI~-nF-WAV WIt..L BE 2~A/!1?Vt:7"> .
5. Past Use of the Land
a. Are there any known historical resources located on or near the
project site? NO
b. Have there been any hazardous materials disposed of or stored on
or near the project site? 1/0
6. Current Land Use
a.
Describe all structures and land uses currently existing on the
project site. r.rr/ EJ:r1?EFr; V~~IC~/(Fu7v~ l..IBll<Ao/
SrrE}
/l)tJl
~- f"\ ./
'l\( I
./
- 6 -
b. Describe all structures and land uses currently existing on
adjacent property.
North s,,.j(;l.E-~'A./J...Y I/-Du""""
South VAr~.f~l.m-(.Firn~r '-~ra4.I2.'" .;;~)
Ea s t A.PA-l2nA t:AI""-'::' AN]} VA,...-........,..,- RA "" &=1 -
West M(;E2,fl.E- P-nM';; B,1Z.1<
7. Social
a. Are there any residents on site? (If so, how many?) ~.
b. Are there any current employment opportunities on site? (If so,
how many and what type?) No.
Please provide any other information which could expedite the evaluation of
the proposed proJect.
I. ALl- Wor<< ID 'BE:rz;:..lE Wf/....L.. BE WITHIN THE EXISTl/K. "FU3uc.
1< f(;""- of- WAY A-Lol-!{; FcUIl-TH AVENUE. FkJNT;J.&E .
2. DEDfCATfoN OF R(~-"F-WA. Y IS (<.Et:(UIREl:> ~ L-{lloeMY FJIdlGEL
ON 6){2A~E Ave:NVE Ft<cl>l~l:.
3. 'P!<Ef-1f.AINMlY /MPI2lJIIEM. EJ..!/ 'Ff...M.Jt;.~' ~ED.
'1-. NEG.AnvE I>Ec.l..AAArroN I=M. r5-8"-7"r (L'~eAR..Y ~ I{,. tlrrfAGI+c:r>.
Tift!> INITiAl.- S7VZ,Y W~ ~IZ.. A PI4:>PO~~D ~K. 'Srre.
J /-r / IJS'
II )"
(y p~'. ,.
/
- 7 -
E. CERTIFICATION
I,
or
OWner/owner in escrow*
I,
or
Consultant or Agent*
HEREBY AFFIRM, that to the best of ~ belief, the statements and information
herein contained are in all respects true and correct and that all known
information concerning the project and its settfng have been included in
Parts B, C and 0 of this application for an Initial Stu~ of possible
environmental impact and any enclosures for attachments thereto.
DATE:
*If acting for a corporation, include capacity and company name.
/ /- /t)6
C1 /'.
~ k~.
./
THE CI7Y OF CHUU nSTA PAR7Y DISCLOSURE STATEMENT
Statement of disclosure of certain ownership interests, payments, or can1)>aign contributions, on all mattel~
which will require discretionary action on the pan of the Oty 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 c:ontract, i.e.. contractor,
subcontractor, material supplier.
2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of a1(
individuals owning more than 10% of the shares in the corporation or owning any partnership
interest in the partnership.
3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names
of any person serving as director of the non-profit organization or as trustee or beneficiary or
trustor of the trust.
4. Have you had more than $250 worth of business transacted with any member of the City staff,
Boards, Commissions, Committees and Council within the past twelve months? Yes
No _ If yes, please indicate person(s):
S. 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 matter.
6. Have you and/or your officers or agents, in the aggregate, c:ontnbuted more than $1,000 to a
Councilmember in the current or preceding election period? Yes _ No _ If yes, state which
Councilmember(s):
PeT'"n is defined as: "Any indil'idual,fimz, co'parrn~rship,joinr .~nturr, association, social c1ub,frntnnal organization, cO'1'oration,
. cmlle, trust, rrc~i\'~r. syndicar~, this and any or"~ county, city ll1Id counlr)l cil)l nwnicipn/ity, district or other polirical subdil'isioll,
or all)' oth~ group or combination acting lU a unit."
(NOTE: Anach additional pages as necessary)
Dnte:
Signature of contractor/applicant
//-/0 7
1.'-11'. ',OISCLOSE.T.\"T]
Print or type name of contractor/applicant
(Roviled, IlIJO'JOI
/
~'rl D
1..,'.:' '
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. .
.
.
.
.
~
.
.
. -..
"-
"-
\
~ .
:
.
I
.
.
.
, IT
T~ If.
.
1""'),;,,-
<.~~.~
..
n..", ,
.
.
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~
PROJECT LOCATION: ...",..-
DRAWN BY: K.P.A.
STREET WIDENING - SOUTHEAST CORNER OF ORANGE AVENUE AND FOURTH AVENUE
STREET WIDENING AND INSTALLATION OF STREET IMPROVEMENTS AT THE SOUTHEAST
CORNER OF ORANGE AVENUE AND FOURTH AVENUE ALONG FUTURE LIBRARY FRONTAGE
DATE: 2/17/93
" ---
---"
-
"
CO~:N'":E:""''''''S
OFFICE PRODUCTS
~";'.""'I"'"
::;': . "".",
:'" ,,'
May 17, 1993
Councilmember Jerry R. Rindone
City ,Council Office
276 Fourth Avenue
Chula Vista, CA 91910
RE: Regional Airport at
Miramar Naval Air Station
Dear Councilmember Rindone:
For years we have been told Miramar Naval Air Station was
untouchable. Now we learn that the Navy might close it down
based on other moves. (Union-Tribune, 5/15/93). This
window of opportunity should be promptly explored by San Diego.
We need to have long term vision for the San Diego area. A new
airport is needed. Miramar is the best location for the following
reasons:
1. It is centrally located to serve all of San Diego County.
2. There is a large amount of vacant, undeveloped land to
work with.
3. There is a major runway already in place~
4. The area is served by major freeways coming from all directions.
We also need to look at the future
Aerospace and the defense industry
will be built around the following
good air transportation:
0\ ';;'::U.F
o 1. ~Toui?~m, including connections for major
L&J Ei':an&~f""r the expanded convention center.
<['0
> . _j'_l1
W N ~~
(.) >- ul.J..J
L&J I! ~d
0:: >->-
l;! ...-...-
if". l3l:5
economic base for our community.
are declining. Our future
areas, all of which rely on
cruise ships,
"''"'1
,';
,", l
li~ ' I
';, UI'{ ';0'(\';)
11..;(,......: tvl,; L- l~".:,)
G""......'"
(;,. ~ '
,": I,
t.... v... ".,_.._______~
Page 2
2. Trade with emphasis on Mexico and the Pacific Rim
nations.
3. Biotech research and manufacturing.
We have been fortunate not to have had a major airport related
crash with major loss of life. Our current airport is not an
easy place to land. If at sometime in the future we were to
have a major crash at the airport it would have an economic
impact on all of San Diego that could last for years.
The Navy has always been an important part of San Diego and
hopefully always will be. Now is the time to ask the Navy
to help solve a major problem limiting the future of our area.
We need the improved economic activity a new airport would
bring our area. Our citizens need this improved job base.
Time is critical. We must act now and ask the Navy to allow
Miramar to be the site of new safe and adequate regional
airport. Our leaders must step forward with long term vision
and take the necessary action to assure that the San Diego
area gets the airport it so badly needs.
~Si~CerelY Yours~, ~
/). ( ./.
{ft~ ;/v
Charles G( Peter
." .......dg. C.
Bonita, CA 91902
Jt{4.. ' ~
~~ , . · h 5/lb?9'!
;:ri'11i ~~V'" W. p.rJ (JII', t: li I
1.' \:~ e!lj~ 'iJl 11 If 'to ~J::; ~ ~~:hf! ,1:W
h,t ~
~1~~"~~-~.. r;n.SIIlII!!!llII" ~
'.:;Ia"': "_~~~~""-,,,, I",~' I' , "" 0',;,,, I,:",,,,
" .'.' . ".oj.',':; 'f.: ," .' V ,I' ". ,;I "'.-: ..... .,' ...""~! ,.., 'i' 'i""" ". I
~i:",;;f,''f1.~~Il,' ',;iJJ "I,'i'rI~ti~,ij ,,-~Yj~:i; :,:1::"'i',;; \,:1; ~Jit!N'
~I +1lII
~ll~",' ~rn~ (I ...v~s
~,':~ ,':.: >, _... .., II')?
~"Lr"" ,',,, ~" ',I'
1/ J ~,..;, ~\ ,', , ',rtilitl '.' , " -'.' *, I, i\ "n ('.- 'I 'l;, ,*,;;1
'Ii' 0<'" .' ,.; ,','.' >!~. ~ ,"',' ;, ','>'" '".' "_ .'.. ~'.
~~..~ ~.;t~ '{~')jJI' j! ;~ "~ f.ltJ~j, V;ts ~~ \'iib ..~,~"
One opUon could mlenn
.yrowth 1>n S.D. county
By OTTO KREISHER, Copl<:y Nt'WS ~;,-rvirt:
\V:,\c;IUN(;'rUN -- i\.t the request of the independent
b;i~;e cl(J~;Hlg commissiun, the Navy is analyzing a host of
;d!('rn~Hivt.s to Ihe Pentagon's proposed dosun' list, inclwJ.,
lllg po~;:;ibly shutting M.irarnar Naval Air Statlon m:;tt.'ad of
E! T(lfll Marine Corp~~ Air Station,
Hut, according to a rnemorandum obtained yesterday,
ih(' Navy also is studying the option of retaining Mir;unar as
a N;~vy b.:ls(: while closing EI Tura.
Ttl,it LJlt('r option would n'quire shifting some Navy
:lilCr;t:'l {rum North Island N;wal Air Station to Miramar,
wiji!t.' ;'\'1:-\l"ln,.: Jds ftowEl T:Jro would be rd(~c;rt('d to
L;'l1I00:l'.' r"';avaJ /tir Station, flt',IJ' f"re~in!). Further, lH.'li~'orw
!<:,,;-, (rum Tus~jn l\hrine COfns Air Station would 1.'0 to
:'~u; t11 L;J:\lld, \'ihich h:1:'O Nav}' ht.licopters, insk:ld '(')f to
\j;;-,lln:lr-, a~-; thy: _Navyf,;iS ft:cnmmcndt'd
'I'll!' nil.q!l) ;1~~O directs th(O Navy to consider dosing
'(I',l:n :'Idd irl 1mrJi'ria! Bl:ach, ,HI .JUxi!lary helicopter
'1,:rl~'".itt' fur North Island, which 10c;11 officiab want to
\;t~i.t~ OV<;:T.
nlt: lflt'mo, signed by Charles P. Nemfakos, acting
cll,Unn,l[; of lhe Navy's :'Mse structure evaluation commit-
kt', ,IJ:'I~d fur analyses of cost and operational t'ad(lrs,
-- --------------.-----
See Navy on Page 13-13
-~---
-
---~ 'll............~wz." '-
~i..~"'.:!!.\l.AI
~~lWi 11 '15;'
~
Base-t1osin,~ options
studied by sprvil'"
Continued from Pagil ,3-1
"based on .idv:tnced infvi'lnatl(il1
from [h(' ~..ta!J OJ tlic D"ll'!l~;;l.: j;:l~:;':
Closure <lHdl<.cd1WHHlI'nt ('U/i:lll.:,
'MJn,"
C(;1llmission,p(:,k(-,~:lll;\lI Tom
'!-JUW:;tDll s::id Ill!' IlH::li') ":;OdIHj,;
like gOt)d "jLdf f)t'opll~ d,llllg "....:U(
good sua l'~.'oph. do."
lit.: ~,aill tilt' COIliJnission :;t;ll'f :lwl
the N::vy' apP:lrl'lltly Wi'f'_. ::fltl\::-
patirl~: aniun llll: COIllnl,:,:-iiun Ill~gl:l
l:lke !.'riday wllen it IllCl.'l:-; 1J<.:k,
HOl1~t()n said the t.u:,,' <lctiOI1::;
outlined ill the memo ;1 Ii V','('ll' Illl.H-
\,joHed ,I;; allerll;ltive~; ()llfill~~ rbi:'
mallY rt'~~il!ll;d hearillg~) llh: CUllI-
ffilSSiOll IH:[.-,I to n'C;'iV(. 10(:1] \'Ulrl-
fIlcHl;; 011 the j\~ni:wo:l':' It''r,
Even if the COlJJI'lI""dlJll dt-cidt::-;
officially!,! study lil~= optiOll:; iJiw
duded in tilt' nlt"lljl), lh:H d(w:, !lot
mean it will VOLt:' 10 c!o:;e t!,c alter-
native bast-so The 1991 COIllllli:---;;~;(jn
studied ;In addit:iolL,d :J~) 11;\:>(.,,) lH11
closed Hunt' ot tlll'lIl.
The PenWf~oll'S rccomme1!{b~
tion~, art: to c1o~,e Tw;tin, a::; the
t 991 commi::;,'illln ordered, :uld to
1t/4 ' ;J
. .-..."...._""_'''_~,....'"'.,''',.'''"~...:.._.w......._...._ol
.-ldSl' Fl .!'on), ];I)!.h ti:e 'l'U",!li! Ii'!
U Ton, ILJ';l~:'; :11'1' ill (..II illll~" !,:,'
lV.
, I1djc()ptl'r~; (;"Uid Tli:,tl)1 W"1.,:'d
be lJIOVt.d tutv):\',;n~:il" 'Ill'_! '...11:1
l'endkllHI lVL'lr,!)(" Cuqh ,\il ',:,(
l.iOIi, itfJI! till' F/A- P'; ,,;'ilkl':; Ii {'Lit
El Tou, wu\lld i,:U U; ;'vlit dill,tL ;';IVY
F-14 !'1!~1I1( '"U:<l L-:,'I,_' (".11 IV \. I,
ml: alr,'::dl !{'..,d ;..iir:ll!I,.1 v."",(,,:
IIJOVe Lo 1., 1111.;'" '_', j:' ,:) j'(< .'i.l
OJh' ,l! 1',It.' ,.1LIT'j,I'::V' : ,',,('; ".
the !l(Cj':~)',;(,L1~': );,' to 1;1'.j);' '(Jf:J
,.,ul TU;'III. ,'il;~,,', I,:: 1'_,-
rn"f, i:I:.I;'L
d, :,U'cr"i(
IJIUI)It'.
i\!\u!.hcr O]!liOll \-VII'I:,.I iI' ~,), i" ,','
El Tu(., ;',11<1 Tu~',jp :h Ul';~ ;""Iy
Uru;,IL,.d u)/ the 1\'1;[:;;:,,:1. ;Jii
fJIU1,'\.: '(;,llt .J Ii" \,.;i IL(
:illd '1'!U":J:';t'C'i ;\ll"'lil ili ! 1i: ! 1;1';
Lt:lnl/)J'(. ",'Ill;/" fv'iiI,(\ii:,J ;t'I" :i,'I,
l,~j N<.:vy V-I,]:' ,m(~ ;',<;C". ',\),:'"
the N;-vy ';-'\ dd:.;uhm:;r,i:, ,,,1-
;.Taft ;w,: d.. C<i "l., ,..
\ld";UU ;IIU'<'f" ;tC,d :':n\~
t~b:;Il[l:~1 [\':L;II',,~ r, 'j, :,jf t'll'
rill!: ill::i,'~'pL'l'L
Th,h(' 11l()VCc; ',':Cl'l' rc,'. ill'
mcuued by j(('j). l{;dldy Clij~:ii;ll'-
ham, R~~::IlII)it'I:f), il \"t.tirl'l: :'~:;vy
htbt~.c \Iiiot.
The Nil\'1 memo Wa~j pfovidi'd to
Coph-y :'~I"W~i :-:;,'1 vice by j~\..).
CllIlstopllcr Cux, ~~-l'k\:l'(l.'r
lkach, V<.,ho:::;t~ dbtrict Inclllli'_':i Ll
'1'oro and Tll:>tiJL.
IF.//1? "
grd{iJY:717)
~ r
COUNCIL AGENDA STATEMENT
Item / tl
Meeting Date 6/1/93
ITEM TITLE: Public Hearing: Conditional Use Permit PCC-93-1O; Appeal of Zoning
Administrator approval of request to sell alcoholic beverages at proposed
mini-market at 1498 Melrose Avenue - Councilman Fox
Resolution J 7/ :J i Affirming the decision of the Zoning
Administrator and thereby approving PCC-93-10
SUBMITTED BY: Director of Planning .If!!It-
REVIEWED BY: City Managerj~ ~ ~ (4/5ths Vote: Yes_Nol~J
This item has been continued from the meetings of May 4 and May 25, 1993. In each instance
the mailing list has been renotified of the new hearing date well before the meeting.
On January 7, 1993, the Zoning Administrator, in consultation with the Police Department,
conditionally approved an application by Texaco Refining and Marketing, Inc. to sell beer and
wine at a proposed mini-market at 1498 Melrose Avenue in the C-N zone. An appeal of the
Zoning Administrator's decision was filed by Councilman Fox on January 14, 1993.
The consideration of this appeal is contingent upon the approval of PCC-9l-24, Texaco's
proposal for a mini-market and car wash at 1498 Melrose. PCC-91-24 is the preceding item
on the agenda.
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.
RECOMMENDATION: That Council adopt the resolution affirming the decision of the
Zoning Administrator and thereby approving PCC-93-1O.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
BACKGROUND:
In May of last year, Council postponed action on the Texaco mini-market and car wash
proposal in order to consider a local review and approval process for alcohol sales facilities
in C-N zones. On August 25, 1992 (Ordinance No. 2526), Council adopted a process which
requires a Zoning Administrator conditional use permit with a public hearing for all new
ItJ-1
Page 2, Item ) tl
Meeting Date 6/1/93
alcohol facilities in the C-N zone (see attached copy of CVMC Section 19.14.030(A)(6)).
Note: On April 20, 1993, Council adopted an urgency interim ordinance which also applies
this process to the expansion or modification of alcohol sales in the C-N zone. Staff was
directed to return with a permanent amendment within 60 days.
In addition to the normal findings required for a CUP, in the case of alcohol sales facilities,
the Zoning Administrator, in consultation with the Police Department, is required to find that
the proposal will not result in an overconcentration of such facilities. An overconcentration
may be found to exist based on the following factors:
I. The number and location of existing facilities;
2. Compliance with State Alcohol Beverage Control overconcentration standards
in effect at the time of project consideration;
3. The impact of the proposed facility on crime; and
4. The impact of the proposed facility on traffic volume and traffic flow.
The process also calls for the City Council to be informed of the Zoning Administrator's
decision, and the Council or other interested party can appeal the matter directly to the City
Council for public hearing.
DISCUSSION:
The following discussion is taken from the Zoning Administrator's approval letter of January
7, 1993:
Neighboring residents and business people, as well as the Neighborhood Watch Block Captain,
have voiced concerns that an additional sales outlet for beer and wine will exacerbate an
already existing problem with minors and youth gangs loitering and drinking in the area, and
will also have an adverse impact on traffic. The immediate area presently contains a grocery
store, a convenience market and a liquor store which sell alcohol for off-premise consumption,
and a bar which serves alcohol for on-premise consumption.
Crime Statistics
The Police Department reviewed crime statistics for the immediate area and for the police beat
and census tract in which the property is located; the census tract being the geographic area
of measurement used by ABC to determine if an overconcentrated condition exists. The beat
officer for the area was also interviewed, and comparative data was obtained for a Texaco
mini-market with beer and wine sales at 1291 Third Avenue.
/o~~
Page 3, Item J t)
Meeting Date 6/1/93
The crime figures reveal that there were 70 crime occurrences, mostly petty thefts, within 1/10
mile radius of the site since January, 1992, which is fairly significant. The crime rate for the
police beat and census tract are 44% and 56% of the crime rate for the City as a whole, which
is well below the 120% rate commonly used to identify a high crime rate area. The recent
addition of a mini-market with beer and wine sales at the Texaco facility at 1291 Third Avenue
has not had an impact on the crime rate at that location. Beyond the statistics and comparative
data, however, the beat officer for the area confirms statements by the neighbors that the
existing liquor store and convenience market on Melrose Avenue are hangouts for juveniles,
and that it is common practice for alcohol to be purchased for them at these two locations.
In reviewing Texaco's proposal with the Police Department, it was agreed that the Texaco
facility would likely be much less conducive to loitering and second party alcohol purchases
than the existing liquor store and convenience market because of the layout of the site. The
1,800 sq. ft. mini-market is proposed to be located on an "island" in the center of the site,
surrounded by gas service lanes, a car wash and circulation drives. There are no raised, paved
pedestrian areas adjacent to the market for juveniles to loiter or to waylay adult customers to
make alcohol purchases for them. The Police also noted that the "island" location maximizes
exposure and visibility for patrol purposes, and should discourage "beer runners" -- those who
grab beer and run from the store -- which were referred to by the operator of the neighboring
7/Eleven store.
The Police Department is also favorably impressed with Texaco's policies on alcohol sales,
which include an extensive and ongoing training and alcohol awareness program for employees
(see supplemental information submitted by Texaco). Employees are required to check the
identification of anyone purchasing alcohol regardless of their age, and signs are posted to this
effect at the register, on the coolers and on lapel pins worn by all store employees. No neon
or internally illuminated beer or wine advertising signs are allowed, and they do not offer
single can sales of beer. It was also noted by Texaco that they do not provide video games
on the premises, which discourages loitering by juveniles.
The Police Department concludes that although they may see additional calls for service from
this location, they do not believe it is likely that the facility will contribute to the problem of
juveniles loitering and drinking in the area and, therefore, they are not opposed to the issuance
of this permit. Nevertheless, they recommended that the situation should be monitored and
reviewed in order to ensure that the sales of beer and wine at this location is not contributing
to these or any other problems which would have an adverse impact on the neighborhood. As
a result, the permit has been conditioned upon review following one year of operation to
determine if problems or crime have increased as a result of the facility. It was further agreed
that additional conditions which would further discourage loitering and/or beer runners would
also be appropriate (see Conditions section).
I~:J
Page 4, Item J tJ
Meeting Date 6/1/93
Traffic
With respect to potential traffic problems, the City Traffic Engineer reports that the addition
of a mini-market and car wash will increase traffic in and out of the site by approximately 68
vehicles per day, from 1,012 ADT presently to approximately 1,080 ADT with implementation
of the project. This small additional amount of traffic is not expected to have an adverse
impact on traffic in the area. Further, this type of development generally attracts a large
percentage of trips from traffic already using the adjacent streets. According to regional traffic
studies, the actual number of new trips added to the surrounding circulation system may
amount to only 50% of the additional 68 in-and-out trips expected as a result of the project.
Finally, the availability of beer and wine in the mini-market is not expected to increase
patronage significantly when considered separately from the mini-market or the car wash, and
thus the trip generation for this proposal (beer and wine sales) will not be affected.
According to the City Traffic Engineer, the overall issue of traffic impacts should therefore be
considered in conjunction with Texaco's conditional use permit application to redevelop the
site with a mini-market and car wash, which is the preceding item on the agenda.
Concentration of Licenses
The State Department of Alcoholic Beverage Control determines that an overconcentration of
alcohol sales facilities exists when the ratio of licenses to population for the census tract
exceeds the ratio for the county as a whole. The site at 1498 Melrose is within a census tract
wherein the optimum number of licenses is nine and the number of licenses already issued is
eight. Therefore, the issuance of a license to Texaco would not result in an overconcentration
of facilities according to the ABC standard.
One of the four factors which may be considered by the Zoning Administrator in determining
if an overconcentration of facilities exists is the number and location of existing facilities in
an area. This factor may consider the impact on the character or "image" of an area (which
may include the issue of loitering as discussed above) rather than from more measurable
consequences such as crime rates, traffic impacts or the quantitative standards used by the
ABC. In this instance, the sale of alcoholic beverages will be only one of many products
offered for sale by the Texaco mini-market, and the same is true of the grocery store and the
convenience market. Thus of the existing four and potentially five alcohol sales facilities in
the immediate area (including the bar), only two -- the liquor store and bar -- offer alcoholic
beverages as their primary product. Consequently, it is not believed that the approval of
Texaco's application will contribute to any real or perceived degradation of neighborhood
character resulting from an overconcentration of establishments primarily involved in the sale
of alcohol.
/~.i
Page 5, Item / tJ
Meeting Date 6/1193
Based upon these factors, the Zoning Administrator approved the permit subject to the
following conditions.
CONDITIONS:
1. This permit shall not become valid or effective unless and until Conditional Use Permit
PCC-9l-24 is approved to establish a mini-market on the property.
2. There shall be no video games associated with the operation.
3. A complete exterior lighting plan shall be submitted for review and approval by the
Director of Planning prior to issuance of building permits. The plan shall be designed
so as to provide uniform lighting and avoid shadow areas adjacent to the facility, but
also avoid glare onto adjacent residential areas.
4. There shall be no advertising or promotional signs for beer and wine visible from the
exterior of the store.
5. Landscaped areas adjacent to the building shall contain plant materials which discourage
human contact.
6. Beer and wine shall only be displayed in cooler #'s 9, 10 and 11 and a maximum 25
sq. ft. floor display area as shown on the floor plan submitted with the application.
There shall be no other permanent or temporary promotional displays of alcoholic
beverages. If the floor display area should attract "beer runners", it shall be removed
at the sole discretion and direction of the Zoning Administrator in consultation with the
Police Department.
7. Any outside pay phone shall be incapable of receiving incoming calls. Should such a
pay phone attract loitering or otherwise be overused by juveniles, it shall be removed
at the sole discretion and direction of the Zoning Administrator in consultation with the
Police Department.
8. The conditional use permit shall be approved for a period of one year following the
issuance of a certificate of occupancy. At the end of that time, the permit shall be
reviewed to determine whether the sale of alcoholic beverages has exacerbated the
problems with minors loitering or drinking in the area or has led to an increase in the
number of reported crimes, in which case the permit shall be reconsidered for possible
inclusion of additional conditions or for revocation.
9. This permit shall be subject to any and all new, modified, or deleted conditions imposed
after approval of this permit to advance a legitimate governmental interest related to
/P~5'
Page 6, Item~
Meeting Date 6/1/93
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 or condition, may not
impose a substantial expense or deprive permittee of a substantial revenue source which
the permittee cannot, in the normal operation of the use permitted, be expected to
economically recover.
10. 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.
FISCAL IMP ACT: Not applicable.
Attachments
J Resolution
Locator
Project plans
Appeal form/statement
Zoning Administrator approval letter, January 7, 1993
Memo from Police Department, October 14, 1992
I Nm" fu>m ",.., ~._'"" w,.
__ Neighborhood Watch Block Captain, October 5, 1992
rIl Minutes of Zoning Administrator hearing, October I, 1992
S Written comments from public
Z Supplemental information submitted by Texaco
CVMC Section 19.14.030(A)(6)
Disclosure statement
WPC F:\home\planning\850.93
//),,,
RESOLUTION NO. /7/J1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AFFIRMING THE DECISION OF THE
ZONING ADMINISTRATOR AND THEREBY APPROVING
THE ISSUANCE OF CONDITIONAL USE PERMIT PCC-
93-10 FOR BEER AND WINE SALES AT 1498 MELROSE
A VENUE
WHEREAS, a duly verified application for a conditional use permit in accordance with
Section 19.34.030(H) of the Chula Vista Municipal Code was filed with the Planning Department
of the City of Chula Vista on September 15, 1992, by Texaco Refining and Marketing, Inc., and
WHEREAS, said application requested approval to sell beer and wine at a proposed
Texaco mini-market at 1498 Melrose Avenue in the C-N zone, and
WHEREAS, the Zoning Administrator set the time and place for a hearing on said
conditional use permit application, PCC-93-1O, 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 3:00 p.m.,
October 1, 1992, in Conference Rooms 2 and 3, Public Services Building, 276 Fourth Avenue,
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 conditionally approved conditional use permit 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, Councilman Robert P. Fox filed an appeal of the
Zoning Administrator's decision on PCC-93-1O in accordance with the provisions of CVMC
Section 19.14.030(A)(6), and
WHEREAS, the City Clerk set the time and place for a hearing on said appeal 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 ten days prior to the hearing, and
/~-7
Resolution No.
Page 2
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.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL hereby finds as
follows:
1. 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.
Beer and wine are products which are widely purchased by the public and which are
normally available in all grocery and convenience markets. The C-N zone is specifically
designed to provide convenience shopping for the surrounding neighborhood areas.
Absent a finding of overconcentration or other adverse impact, the availability of beer and
wine among the other products available at the Texaco mini-market is considered a
desirable convenience for those in the surrounding areas who patronize the Texaco facility.
2. 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.
The location of the mini-market in the central portion of the site, surrounded by
circulation drives and with no exclusive pedestrian areas adjacent to the building, will
discourage the loitering and second party alcohol purchases which have been a concern
in the area. The proposal as conditioned is not expected to have an adverse impact on
crime or traffic and will not result in an overconcentration of alcohol sales facilities in
terms of ABC standards or in terms of negatively affecting the character of the area by
a proliferation of businesses primarily dealing with alcoholic beverages.
3. That the proposed use will comply with the regulations and conditions specified in
the code for such use.
The use shall be required to comply with all applicable codes, conditions and regulations
prior to occupancy and on a continuing basis thereafter. The permit has been approved
for an initial one year period in order to provide for monitoring and review and to ensure
that the sale of beer and wine has not had an unforeseen adverse impact on the area.
/tP...r
Resolution No.
Page 3
4. 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 granting of the permit would not affect the General Plan or any other adopted plan
or policy.
BE IT FURTHER RESOLVED THAT THE CITY COUNCIL hereby affIrms the decision
of the Zoning Administrator and approves PCC-93-1O subject to the following conditions:
1. This permit shall not become valid or effective unless and until Conditional Use Permit
PCC-91-24 is approved to establish a mini-market on the property.
2. There shall be no video games associated with the operation.
3. A complete exterior lighting plan shall be submitted for review and approval by the
Director of Planning prior to issuance of building permits. The plan shall be designed so
as to provide uniform lighting and avoid shadow areas adjacent to the facility, but also
avoid glare onto adjacent residential areas.
4. There shall be no advertising or promotional signs for beer and wine visible from the
exterior of the store.
5. Landscaped areas adjacent to the building shall contain plant materials which discourage
human contact.
6. Beer and wine shall only be displayed in cooler #'s 9, 10 and 11 and a maximum 25 sq.
ft. floor display area as shown on the floor plan submitted with the application. There
shall be no other permanent or temporary promotional displays of alcoholic beverages.
If the floor display area should attract "beer runners", it shall be removed at the sole
discretion and direction of the Zoning Administrator in consultation with the Police
Department.
7. Any outside pay phone shall be incapable of receiving incoming calls. Should such a pay
phone attract loitering or otherwise be overused by juveniles, it shall be removed at the
sole discretion and direction of the Zoning Administrator in consultation with the Police
Department.
8. The conditional use permit shall be approved for a period of one year following the
issuance of a certifIcate of occupancy. At the end of that time, the permit shall be
/tI,i
Resolution No.
Page 4
reviewed to determine whether the sale of alcoholic beverages has exacerbated the
problems with minors loitering or drinking in the area or has led to an increase in the
number of reported crimes, in which case the permit shall be reconsidered for possible
inclusion of additional conditions or for revocation.
9. This permit shall be subject to any and all new, modified, or deleted conditions imposed
after approval of this permit 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 or condition, may not impose
a substantial expense or deprive permittee of a substantial revenue source which the
permittee cannot, in the normal operation of the use permitted, be expected to
economically recover.
10. 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.
Presented by
d as to form y
At!
~
Robert Leiter, Director of Planning
Bruce Boogaard, City Atto e
WPC F:'I1ome\planning\853.93
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City of Chule Vista
Plennfng Department
Dete Received
Fee Pefd
Receipt No.
Case No:
Appeal Form
+~
CJ Planning CI Design Review
Commission Committee
9/7.10
YNA OPC ODRC
. (;); I.'t"J.
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~ - - - . - - - - - - - - - - - - - - - - - - - - - - - - - - - - . - - - - - - - -
To; Planning Department
Do Not Write In This Space
Date Appeal Filed:
Case No:
Date of decision:
Receipt No:
The above matter has been scheduled for public hearing before the:
Planning Commfssion City Council on
rlanning Commissi~n Secretary City Clerk
(This form to be filed in triplicate.)
Pl-60
, Rev. 12/83
J&~ J7
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THE CITY OF CHULA. YlST.4 PARTY DISCLOSURE STA.TEMENT
Stntement of disclosure of certain ownership interests, payments, or campaign contributions, on all math
which will require discretionary aetlon on the part of the City Council, Planning Commission, and all other
official bodies. The following information must be disclosed:
1. Ust the names of aU persons having a finnncial interest in the contract, i.e., contractor,
subc:ontracto1j ,material supplier.
tJ!?~
2.
3.
4.
s.
6.
If any person identified pursuant to (1) above is' n corporation or partnership, list the names of 01\1
individuals owning more than 10% of the shares in the corporation Or owning any partnership
interest in the partnership.
/1/0(1/<
If any person identified pursuant to (1) above is non-profit organization or a trust, list the names
of any person serving as director of the non-profit organization or as trustee or beneficiary or
trustor of th~ trust.
IV"A/~
Have you had more than $250 worth of business transacted with any member of the City staff,
BoarQ.sl Commissions, Committees and Council within the past twelve months? Yes_
No -A If yes, please indicate person(s):
Please identify each and every person, including any agents, employees, consultants or independent
contr,p,ctors who you have assigned to represent you before the City in this matter.
I y ~ AX-
Have you andlor your officers Or agents, in the aggregate, contributed ~re than $1,000 to a
Councilmember in the current or preceding election period? Yes _ No A If yes, stme which
Councilmember(s):
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ellY OF
CHULA VISTA
PLANNING DEPARTMENT
January 7, 1993
Texaco Refining and Marketing, Inc.
9966 San Diego Mission Road
San Diego, CA 92108
Attention: Dave Mattson
SUBJECT: Conditional Use Permit PCC-93-10; request to sell alcoholic beverages at
a proposed mini-market with gasoline sales and car wash at 1498 Melrose
Avenue
The Zoning Administrator has considered your request to sell alcoholic beverages (beer
and wine) at a proposed new mini-market with gasoline sales and car wash at 1498
Melrose Avenue in the CoN Neighborhood Commercial zone. A Zoning Administrator
public hearing was noticed and held on October 1, 1992, and written comments have
been received and considered from the Police Department, the City Traffic Engineer and
interested members of the public. Comments have also been solicited from the
Neighborhood Watch Block Captain for the area.
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 SF of the City of Chula Vista
Environmental Review Procedures.
The application has been considered under the provisions of Chapter 19.14.030(A)(6) of
the Chula Vista Municipal Code, which requires, in part, that the Zoning Administrator
find that the approval of the permit will not result in an overconcentration of alcohol
sales facilities. An overconcentration may be found to exist based on the following
factors:
1. The number and location of existing facilities;
2. Compliance with State Alcohol Beverage Control overconcentration
standards in effect at the time of project consideration;
3. The impact of the proposed facility on crime; and
4. The impact of the proposed facility on traffic volume and traffic
flow.
)/;7-/(
276 FOURTH AVE/CHULA VISTA CALIFORNIA 9191011619) 691-5101
'],.-
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Conditional Use Permit PCC-93-10
Page 2
January 7, 1993
Discussion
Neighboring residents and business people, as well as the Neighborhood Watch Block
Captain, have voiced concerns that an additional sales outlet for beer and wine will
exacerbate an already existing problem with minors and youth gangs loitering and
drinking in the area, and will also have an adverse impact on traffic. The immediate
area presently contains a grocery store, a convenience market and a liquor store which
sell alcohol for off-premise consumption, and a bar which serves alcohol for on-premise
consumption.
The Police Department reviewed crime statistics for the immediate area and for the
police beat and census tract in which the property is located; the census tract being the
geographic area of measurement used by ABC to determine if an overconcentrated
condition exists. The beat officer for the area was also interviewed, and comparative
data was obtained for a Texaco mini-market with beer and wine sales at 1291 Third
Avenue.
The crime figures reveal that there were 70 crime occurrences, mostly petty thefts, within
1/10 mile radius of the site since January, 1992, which is fairly significant. The crime
rate for the police beat and census tract are 44% and 56% of the crime rate for the City
as a whole, which is well below the 120% rate commonly used to identify a high crime
rate area. The recent addition of a mini-market with beer and wine sales at the Texaco
facility at 1291 Third Avenue has not had an impact on the crime rate at that location.
Beyond the statistics and comparative data, however, the beat officer for the area
confirms statements by the neighbors that the existing liquor store and convenience
market on Melrose Avenue are hangouts for juveniles, and that it is common practice
for alcohol to be purchased for them at these two locations.
In reviewing Texaco's proposal with the Police Department, it was agreed that the
Texaco facility would likely be much less conducive to loitering and second party
alcohol purchases than the existing liquor store and convenience market because of the
layout of the site. The 1,800 sq. ft. mini-market is proposed to be located on an "island"
in the center of the site, surrounded by gas service lanes, a car wash and circulation
drives. There are no raised, paved pedestrian areas adjacent to the market for juveniles
to loiter or to waylay adult customers to make alcohol purchases for them. The Police
also noted that the "island" location maximizes exposure and visibility for patrol
purposes, and should discourage "beer runners" - those who grab beer and run from
the store - which were referred to by the operator of the neighboring 7/Eleven store.
The Police Department is also favorably impressed with Texaco's policies on alcohol
sales, which include an extensive and ongoing training and alcohol awareness program
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CITY OF CHULA VISTA
Conditional Use Permit PCC-93-10
Page 3
January 7, 1993
for employees. Employees are required to check the identification of anyone purchasing
alcohol regardless of their age, and signs are posted to this effect at the register, on the
coolers and on lapel pins worn by all store employees. No neon or internally
illuminated beer or wine advertising signs are allowed, and they do not offer single can
sales of beer. It was also noted by Texaco that they do not provide video games on the
premises, which discourages loitering by juveniles.
The Police Department concludes that although they may see additional calls for service
from this location, they do not believe it is likely that the facility will contribute to the
problem of juveniles loitering and drinking in the area and, therefore, they are not
opposed to the issuance of this permit. Nevertheless, they recommended that the
situation should be monitored and reviewed in order to ensure that the sales of beer and
wine at this location is not contributing to these or any other problems which would
have an adverse impact on the neighborhood. It was further agreed that additional
conditions which would further discourage loitering and/ or beer runners would also be
appropriate (see Conditions section).
With respect to potential traffic problems, .the City Traffic Engineer reports that the
addition of a mini-market and car wash will increase traffic in and out of the site by
approximately 150 vehicles per day, from 750 ADT presently to approximately 900 ADT
with implementation of the project. This small additional amount of traffic is not
expected to have an adverse impact on traffic in the area. Further, this type of
development generally attracts a large percentage of trips from traffic already using the
adjacent streets. According to regional traffic studies, the actual number of new trips
added to the surrounding circulation system may amount to only 50% of the additional
150 in-and-out trips expected as a result of the project. Finally, the availability of beer
and wine in the mini-market is not expected to increase patronage significantly when
considered separately from the mini-market or the car wash, and thus the trip generation
for the project will not be affected.
According to the City Traffic Engineer, the overall issue of traffic impacts should
therefore be considered in conjunction with Texaco's conditional use permit application
to redevelop the site with a mini-market and car wash, which is currently on appeal by
Council pending the resolution of the alcohol sales issue.
The State Department of Aleoholic Beverage Control determines that an
overconcentration of alcohol sales facilities exists when the ratio of licenses to population
for the census tract exceeds the ratio for the county as a whole. The site at 1498 Melrose
is within a census tract wherein the optimum number of licenses is nine and the number
of licenses already issued is eight. Therefore, the issuance of a license to Texaco would
not result in an overconcentration of facilities according to the ABC standard.
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CITY OF CHULA VISTA
Conditional Use Permit PCC-93-10
Page 4
January 7, 1993
One of the four factors which may be considered by the Zoning Administrator in
determining if an overconcentration of facilities exists is the number and location of
existing facilities in an area. This factor may consider the impact on the character or
"image" of an area (which may include the issue of loitering as discussed above) rather
than from more measurable consequences such as crime rates, traffic impacts or the
quantitative standards used by the ABC. In this instance, the sale of alcoholic beverages
will be only one of many products offered for sale by the Texaco mini-market, and the
same is true of the grocery store and the convenience market. Thus of the existing four
and potentially five alcohol sales facilities in the immediate area (including the bar), only
two - the liquor store and bar - offer alcoholic beverages as their primary product.
Consequently, it is not believed that the approval of Texaco's application will contribute
to any real or perceived degradation of neighborhood character resulting from an
overconcentration of alcohol sales establishments.
Findings
Based upon review of the project proposal, site plan and conditions in the vicinity, and
in consideration of the written comments, public testimony and other information
received on the application, the Zoning Administrator finds as follows:
1. Chat 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.
Beer and wine are products which are widely purchased by the public and which
are normally available in all grocery and convenience markets. The CoN zone is
specifically designed to provide convenience shopping for the surrounding
neighborhood areas. Absent a finding of overconcentration or other adverse
impact, the availability of beer and wine among the other products available at
the Texaco mini-market is considered a desirable convenience for those in the
surrounding areas who patronize the Texaco facility.
2. 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.
The location of the mini-market in the central portion of the site, surrounded by
circulation drives and with no exclusive pedestrian areas adjacent to the building
will discourage the loitering and second party alcohol purchases which have been
a concern in the area. The proposal as conditioned is not expected to have an
//7_ 22.
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CITY OF CHULA VISTA
Conditional Use Permit PCC-93-10
Page 5
January 7, 1993
adverse impact on crime or traffic and will not result in an overconcentration of
alcohol sales facilities in terms of ~BC standards or in terms of negatively
affecting the character of the area by a proliferation of businesses primarily
dealing with alcoholic beverages.
3. .That the proposed use will comply with the regulations and conditions
specified ;.n the code for such use.
The use shall be required to comply with all applicable codes, conditions and
regulations prior to occupancy and on a continuing basis thereafter. The permit
has been approved for an initial one year period in order to provide for
monitoring and review and to ensure that the sale of beer and wine has not had
an unforeseen adverse impact on the area.
4. 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 granting of the permit would not affect the General Plan or any other
adopted plan or policy.
Conditions
1. This permit shall not become valid or effective unless and until Conditional Use
Permit PCC-91-24 is approved to establish a mini-market on the property.
2. There shall be no video games associated with the operation.
3. A complete exterior lighting plan shall be submitted for review and approval by
the Director of Planning prior to issuance of building permits. The plan shall be
designed so as to provide uniform lighting and avoid shadow areas adjacent to
the facilir;, but also avoid glare onto adjacent residential areas.
4. There shall be no advertising or promotional signs for beer and wine visible from
the exterior of the store.
5. Landscaped areas adjacent to the building shall contain plant materials which
discourage human contact.
6. Beer and wine shall only be displayed in cooler #'s 9, 10 and 11 and a maximum
25 sq. ft. floor display area as shown on the floor plan submitted with the
application. There shall be no other permanent or temporary promotional
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CITY OF CHULA VISTA
Conditional Use Permit PCC-93-10
Page 6
January 7, 1993
displays of alcoholic beverages. If the floor display area should attract "beer
runners", it shall be removed at the sole discretion and direction of the Zoning
Administrator in consultation with the Police Department.
7. Any outside pay phone shall be incapable of receiving incoming calls. Should
such a pay phone attract loitering or otherwise be overused by juveniles, it shall
be removed at the sole discretion and direction of the Zoning Administrator in
consultation with the Police Department.
8. The conditional use permit shall be approved for a period of one year following
the issuance of a certificate of occupancy. At the end of that time, the permit
shall be reviewed to determine whether the sale of alcoholic beverages has
exacerbated the problems with minors loitering or drinking in the area or has led
to an increase in the number of reported crimes, in which case the permit shall
be reconsidered for possible inclusion of additional conditions or for revocation.
9. This permit shall be subject to any and all new, modified, or deleted conditions
imposed after approval of this permit 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 or condition, may not impose a substantial expense or deprive
permittee of a substantial revenue source which the permittee cannot, in the
normal operation of the use permitted, be expected to economically recover.
10. 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 Cty for additional
conditions or revocation.
You have the right to appeal this decision to the Cty Council. A completed appeal form
along with a fee of $175.00 must be received by this office within ten days of the date
of this letter. Forms are available from the Planning Department. In the absence of an
appeal by any party in interest, including the Cty Council, the decision of the Zoning
Administrator is final. .
)(}/,,21
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CITY OF CHULA VISTA
Conditional Use Permit PCC-93-1O
Page 7
January 7, 1993
Four copies of a Notice of Exemption from environmental review have been filed with
the County Clerk. The Clerk will mail three to us and we will forward one to you.
teve Griffin, A.I.C.P.
Principal Planner
Acting Zoning Administrator
cc: Bob Leiter, Director of Planning
Rick Emerson, Chief of Police
Ken Larsen, Director of Building and Housing
Bruce Boogaard, City Attorney
Dick Foster, Code Enforcement
Doug Reid, Environmental Review Coordinator
Attachment
Site and floor plan
WPC F:\home\plannmg\410.92
.
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CITY OF CHULA VISTA
INTERDEPARTMENTAL CORRESPONDENCE
RECEIVE!:)
OCT 1 5 1992
PLl\.~.~:NG
DATE:
TO:
VIA:
FROM:
October 14, 1992
Bob Leiter, Director of Plannrr~J~
Rick Emerson, Chief of POlic~
Merlin L. Wi~ Lieutenant, Investigation
Division
SUBJECT:
Police Input on Conditional Use Permit for Alcohol
Sales at 1498 Melrose Avenue
The Chula vista police Department is sensitive to the community
and their concerns involving the sale of alcohol, proliferation
of licenses to dispense alcohol and the crime rate. It is the
police department's position to protest the sale of alcohol if it
adversely impacts the health, safety and welfare of a
neighborhood or aggravates an existing police problem.
The police department looked at this area very carefully as it
relates to crime, arrests and undue concentration of alcoholic
beverage licenses.
The crime
below the
beat (27)
120%.
rate on the census tract (13304) is 55.6%, which is
accepted level of 120%. The crime rate on the police
is 43.6%, which is also below the accepted level of
Off sale beer and wine licenses allowed in the census tract are
four (4); total at present time is two (2).
Criminal activity was examined within a 0.1 mile radius of 1498
Melrose Avenue January 1 through September 21, 1992, and the
following statistics were compiled. There was a total of 70
crimes and 22 arrests within this location. The predominant
crime was petty Theft, with a total of 27. The following crimes
make up the balance of the total.
7 Vandalism
5 Assaults
3 Vehicle Thefts
3 Grand Thefts
3 Robberies
3 Missing Juveniles
2 Assault W/Deadly Weapon
2 Resisting Arrests
2 Burglaries
1 Obstruct/Resisting an Officer
1 Tampering with a Vehicle
1 Annoying/Molest Children
1 Theft of Personal Property
1 Throwing substance at a Vehicle
1 Domestic Violence
7 Courtesy Reports/Lost Articles
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Conditional Use Permit for Alcohol Sdles
Page 2
We also looked at the location itself, 1498 Melrose Avenue. We
found that in 1992 there have been five (5) crime incidents, none
of major significance.
1 Arrest
1 Detention
3 Field Interviews
Located across the street at 1475 Melrose Avenue is a 7/Eleven.
Comparative data as follows:
2 Burglaries
1 Robbery
2 Assaults
1 Petty Theft
2 Arrests
comparative data was analyzed for the Texaco gas station located
at 1291 Third Avenue. This location is similar, selling beer,
wine coolers, and is equipped with a car wash. Comparative data
as follows:
No activity at 1291 Third Avenue since December of 1991. During
1991 there were the six (6) crime related incidents, three (3)
arrests, and three (3) crime reports. As you can see by this
data, there was no impact with licensing of this location.
Information and feedback were solicited from beat officers on I
whether there would be any impact from alcohol sales at this
premises.
Officer Cervantes, who also shops in the neighborhood, responded
with his view and that of the Neighborhood Watch group:
* There are presently three (3) locations in close
proximity that sell alcohol.
* Two (2) of these locations, Bobar Liquor, 289 East
Orange, and the 7/Eleven, 1475 Melrose, are hangouts
for Juveniles.
* Officer Cervantes has worked with the Neighborhood
Watch group and has given talks at Rohr Elementary
School. Comments from juveniles reveals that it ~s
common practice for alcohol to be purchased for them
at the above two (2) locations.
* Officer Cervantes and the Nei9hborhood Watch strongly
object to another location wh~ch sells alcoholic
beverages.
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Conditional Use Permit for Alcohol Sales
Page 3
Texaco's policy on sale of alcohol provides a very extensive
ongoing training program and alcohol awareness program for their
employees. Employees are required to check identification on
everyone who wants to purchase alcohol regardless of their age.
Texaco's policy prohibits video games on the premises, thus
eliminating loitering. Texaco does not offer singular sales of
alcoholic beverages. However, a customer can remove one can of
beer from a six pack and make the purchase.
From a police perspective, we lImY see additional
service from this location, but we believe that this
create an adverse impact on our service.
calls for
would not
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CHULA VISTA POLICE DEPARTMENT
CRIME ANALYSIS UNIT
DATE: October 6, 1992 RFIl! 92-133
TO: M. Wi1so*cting Investigative Captain
FROM: Barbara Brookover V
SUBJECT: Criminal Activity at 1475 Melrose Avenue
January 1 through September 21, 1992
Per your request, following are crime related incidents that
occurred at the address of 1475 Melrose Avenue for the time
period January 1 through September 21, 1992. During the study
period, there were thirteen (13) crimes, two (2) arrests and one
(1) field interview that took place at the specified address.
CRIMES
violation Number
459 PC Burglary 2
211 PC Robbery 1
243A PC Battery 2
488 PC Petty Theft 8
Total 13
ARRESTS
Violation Number
211 PC Robbery 1
487E PC Grand Theft 1
Total 2
FIELD INTERVIEWS
Crime Potential Number
12031 PC Weapon 1
Total 1
If you have an~ questions or need additional information, please
contact the Cr1me Analysis unit.
/ !) .~ (
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CRIMINAL ACTIVITY WITHIN A 0.1 MILE RADIOS OF 1498 MELROSE AVENUE
JANUARY 1 THROOGH SEPTEMBER 21, 1992
CRIMES
Offense Description Occurrences
488 PC Petty Theft 27
Miscellaneous/Courtesy Report,
Lost Articles 7
594B4 PC Vandalism 7
243A PC Battery 5
10851 VC Vehicle Theft 3
487.1 PC Grand Theft 3
211 PC Robbery 3
911000 ZZ Missing Juvenile 3
148 PC Resist Public Officer 2
245Al PC Assault w/deadly Weapon 2
459 PC Burglary 2
69 PC Obstruct/Resist Officer 1
10852 VC Vehicle Tampering 1
647.6 PC Annoy/Molest Children 1
484A PC Theft:Personal Propert~ 1
23110A VC Throw Substance at Veh~cle 1
13730 PC Domestic Violence 1
TOTAL 70
ARRESTS
594B4 PC Vandalism 4
666 PC Petty Theft w/Prior 3
23152A VC DUI 3
488 PC Petty Theft 2
484A PC Theft: Personal Property 2
211 PC Robbery 2
69 PC Obstruct/Resist Officer 1
487E PC Grand Theft: Dog 1
148 PC Resist Public Officer 1
242 PC Battery 1
459 PC Burglary 1
Detention 1
TOTAL 22
FIELD INTERVIEWS
415 PC Disturb the Peace 3
10851 VC Vehicle Theft 3
245A PC Assault w/Deadly Weapon 3
594 PC Vandalism 2
488 PC Petty Theft 1
314.1 PC Indecent Exposure 1
12031 PC Carry Loaded Firearm in Public 1
11364 HS Poss. Cont. Subst. Paraphernalia 1
Gangs 1
TOTAL 16
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October 5, 1992
TO: steve Griffin
FROM: Ann Pedder Pease
SUBJECT: Phone conversation with Neighborhood Watch Block Captain
re: PCC-93-10 - Sale of beer and wine at Texaco Station,
1498 Melrose Ave.
Lt. Merlin Wilson gave me the name and phone number of Veronica
Eberly (585-3451) and I spoke with her today. She impressed me as
knowledgeable and concerned, and had some very reasoned comments.
She expressed opposition to the proposed use, citing current
problems with gang members hanging out in the neighborhood'and the
fear that one more outlet for beer and wine would make the corner
that much more attractive. I suggested that a gas stationjmini-
mart didn't sound like the sort of place where prople would want to
"hang out". She strongly disagreed, describing a scenario where
gang members have plenty of room to "kiCk", within easy reach of
pay phones to respond to their beepers, with clear visibility to
watch for rival "gang-bangers" invading their turf, and, with the
granting of the CUP, a ready supply of new people to buy their beer
for them. She described these gang members with great
specificity: This particular corner is loosely considered the turf
of the FCW (Four Corners of the World) gang, (a racially and
ethnically mixed gang) most of whom are aged 14-16 and live in the
Playmore Condos on Otay Valley Rd. They typicaly ride bikes, like
gas stations because there's more room for their bikes, deal drugs
and commit petty theft. Not being primarily hispanic, unlike
their rivals, the Del Sols, they don't usually defend their turf,
but most of them do carry guns. She implied that, if the corner
becomes more attractive, from their perspective, it would be only
a matter of time before the Del Sols or another gang moved in, with
shootings and drive-bys not far behind.
She said she would drop off a letter to support her point of view,
and would mention the issue to other people who had not previously
contacted us. She suggested that, if we wanted more information
on gang activity in this area, there were several people we could
talk to. She gave me the names of Juan Cervantes with the Police
Department, Judge Rodriguez and Daniel Small, who runs an
intervention program and is about as informed as anyone on the
subject of gangs.
I am planning on stopping by to see Daniel Small on my own time,
and I will pass along any pertinent information I get on the above
subject.
j?'-3 I
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MINUTES OF A ZONING ADMINISTRATOR HEARING
PCC-93-10
October 1. 1992
3:00 p.m.
Conference Rooms 2 & 3
PROJECT:
PCC-93-10, Off-site Alcohol Sales at 1498 Melrose
Avenue
STAFF PRESENT:
senior Planner Steve Griffin
Lieutenant Merlin Wilson, Police Department
Planning Technician Ann Pedder Pease
Planning Technician Patty Nevins
proiect Introduction - PCC-93-10
Senior Planner Steve Griffin introduced himself and stated that he
would be acting as the Zoning Administrator. He advised those
present that this hearing was a result of a new process initiated
by the city Council in which a conditional use permit is required
for off-site alcohol sales operations located within the C-N
(Neighborhood Commercial) zone. He reviewed the findings necessary
for approval of the alcohol sales, stating that the issues must be
related to the alcohol sales and advising that Lt. Merlin Wilson of
the Police Department was also present to answer questions.
Mr. Griffin explained Texaco's overall proposal, which consists of
a remodel to the existing site at the northwest corner of Melrose
and Orange Avenue for the purpose of adding a carwash and mini-
mart; the mini-mart operations will include the sale of beer and
wine. It was noted that Texaco's proposal had originally been
heard by the City Council, but was currently on hold pending
hearings related to the alcohol sales. Mr. Griffin then presented
and explained the site and floor plan for the proposed operations.
ADDlicant Presentation
Dave Mattson of Texaco stated that the original 'conditional use
permit application for this proposal had been filed in 1990. He
reviewed the steps that Texaco had followed in applying for the
proposed expansion and operations, and stated that in response to
concerns about the alcohol sales, Texaco had very strict policies
related to this issue. Mr. Mattson stated that Texaco recognizes
the responsibility inherent in alcohol sales, and that Texaco
policies and practices relating to alcohol sales are much more
restrictive than the law requires, adding that Texaco had received
commendations for their alcohol-related policies. Mr. Mattson
stated that this mini-mart was for the convenience of customers who
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ZA HEARING. PCC-93-10
-2-
OCTOBER 1. 1992
would likely purchase alcohol as a matter of convenience while
visiting the site for gas or a carwashi he did not feel that a
service station would be a likely destination for customers leaving
their homes just for alcohol purchases. Mr. Mattson concluded that
alcohol sales at the proposed site would not be detrimental to the
neighborhood, and may in fact reduce traffic by allowing a combined
trip for gas and convenience items.
Deborah Bernhardt of Texaco explained the training program that
employees of Texaco undergo. She stated that along with other
training, 3-4 hours are devoted exclusively to alcohol sales, and
employees must pass a written exam in order to be placed in
positions involving alcohol sales. Additionally, such employees
must return for continuing alcohol awareness training every 90
days. Ms. Bernhardt pointed out that visual materials regarding
alcohol awareness are displayed in each of their stores, and that
every customer, regardless of age, must show identification to
purchase alcohol. 1. D. guides are also kept in each store to
verify out-of-state identification cards. Further, employees are
not permitted to sell either alcohol or gas to customers who appear
either to be intoxicated or to be purchasing alcohol for others
(e.g. to minors).
Audience Discussion
crystal Sanders of 1517 Melrose Avenue stated that she did not have
a problem with Texaco I s handling of alcohol sales i rather, she
objected to the siting of additional alcohol sales establishments
in this area, naming a number of establishments in the vicinity
that sell alcohol. She stated that minors loiter in the evening,
drinking, in the nearby residential area, and that they have caused
damage to private property.
Jack Meng of 1475 Melrose, owner of the 7-11 store across from the
Texaco facility, stated that he had a number of concerns. He also
objected to the addition of an alcohol sales business in the area,
stating that numerous facilities exist in the immediate
neighborhood as well as additional facilities within a one-mile
radius. He felt that this would simply provide one more place
where minors could potentially loiter and attempt to obtain
alcohol. Mr. Meng felt that traffic in the area would be
negatively impacted, stating that traffic was already a problem at
this intersection and adding that the sales of both alcohol and gas
at a corner property was problematic.
Mr. Meng stated that crime was a potential problem, indicating that
he had had problems with "beer runners" - that is, those who
grabbed beer and ran from the store. He stated that although this
was not considered a high crime area yet, he and others were
concerned about crime. Mr. Meng felt that corporate employees
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ZA HEARING. PCC-93-10
-3-
OCTOBER 1. 1992
were less concerned with the neighborhood than franchise owners,
who generally have a personal interest in the neighborhood. He
added that an automobile service station/garage is needed on at
this site, but as a result of the items mentioned, felt that a
mini-mart offering alcohol would negatively affect the quality of
life of the residents in the area.
Ms. Sanders added that there are schools in the area, asking if the
ABC takes the proximity of schools into account in granting alcohol
licenses; Lt. Wilson of the Police Department stated that this was
not considered except in that such licenses may not be closer than
100 feet to any schools.
ADD1icant ResDonse
Mr. Mattson stated that corporate employees are no less interested
in the community than franchise owners, adding that many Texaco
stores have managers that have worked at their locations for many
years. Mr. Mattson further stated that although the issues has
arisen before, there is no link between gas and alcohol sales; he
pointed out that the majority of people who purchase alcohol must
get in their cars to get to the store, rendering the alcohol and
gas sales issue moot. Mr. Mattson also noted that this facility
would not promote loitering activities, adding that video games,
such as those found at the 7-11 store, would not be available at
this site, and that he would agree to a condition to this effect.
Police DeDartment ReDort of Crime statistics
Lt. Merlin wilson of the Chula vista Police Department presented
statistics compiled by the Police Department relating to crime in
this neighborhood. He explained that the statistics had been
compiled for a 1/10 mile radius around the subject site as well as
for the census tract and police beat. The figures revealed that
there were 70 crime occurrences, mostly petty theft, within 1/10
mile of the site since January of this year, which is fairly
significant. However, the crime rate for the census tract, 55.6%,
and the police beat, 43.6%, are significantly lower than the 120%
maximum permitted by the ABC. Lt. Wilson stated that although
petty theft was the largest percentage of crime noted in the last
reporting period for this area, it was not possible to ascertain
how many of the crimes in this category were related to alcohol.
Hearinq Conclusion
Mr. Griffin stated that a decision would be made on this
application within one or two weeks and that those present would be
/0--31
,--'}--')-/
OCTOBER 1. 1992
.'
notified of the decision.
that either the applicant
He explained the appeal process, noting
or others could file an appeal.
Ms. Sanders asked that current neighborhood watch efforts be
considered in evaluating crime impacts. She also stated that she
knew a number of residents of the condominiums behind the Lucky
store who were interested in this application but had not received
public notices. Mr. Griffin responded that if residents or others
outside of the mailing radius were known to be interested, the
Planning Department generally made an effort to include those
persons in the mailing of the notices, and that such an effort
would be made in future notices that might be mailed relating to
this case. He also stated that the neighborhood watch captain for
the area would be contacted for comment before a decision was
reached on the application.
Ad;ournment
The hearing was adjourned at 4:00 p.m.
NtNlrV>
evins, Recorder
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September 29~ 1992
ZCilllnc.J Di r-ec tor-
City of CilLlla Vista
Chula Vista, Calif.
c
We~ the residents and business people around East Orange
Street and Melrose Ave., wish to challenge the application for a
conditional use permit submitted by Texaco Refining and
Marketing~ Inc. to ~enovate the gas/servicE stat10n into a mini-
mart/car wash facility located at 1498 Melrose Avenue in Chula
Vista. The reasons we have are a5 follows:
1. Tra.ffi.c:
A). The traffic flow report was surveyed before Dec.
1990, while the Northwest corner of Melrose Ave. and E. Orange
St. irltersection was renovated and additiorlal store spaces were
added lfl Juris/July 1991. Thus the traffic flow report no longer
repres2~ts the real traffic pattern. Even the traffic condition
at prcse~t may not be critical yet~ howeYer~ it definitely is not
qc;,.::'c) <o,r.~ E:, 11.
F). D,--iv'irlg E'Cistbcund on E. OranqE' St. from Mc:~>: f-oiv'E.
there is rl[j U-tL(~n allowed at the intersection. In order to allow
i,i--tu.rml _. tc::< bE' me"de at thE' intE:rsE'ction, Te}:aco Inc. e,ffers to
L~loell Ltle streets by giving Ltp 6/9 feet O~ both MelrOSE Ave. and
E." [il ,,:(:-~.Il:: :;\t. sidE'=:;.. 1 t mc:,'y' scund J. i~':.E' a good Qt- ger,ETous idea.
~~o~~evet." it will cause more difficulty for Rohr Elementary School
~.i_LIC!2rlLS crossing the streets. Besides~ we have already seen many
dr-.l \''2'1"' s- ~_:oing thr-ough the- pa,'""k ing 1 at of the shopping ma 11 in
orOL';' ~o avoid tl1E traffic ligtj-t or the cars waiting at the
ir.,t'."(S"W(:;~{~",.r ("bout ~l".rch, 199:n City Tr".ffic
EnY..Lr'tE';\'~'I'--ir;(~ Department rnacJe t.lelr-'ose Ave. a three lanes street at
t.hE? iri.~~~:r-=-~':'.s:/_~".:t1r,~f;;~'. is simply a ve~y nar'To~ street. It
W<::.~::' 15'~'de.. re.cj..~t-d''Si~'T~~~'lr.ee lanE' street 1n the fl.l""St place.
lt12 tr-aific does not ease off jLJst beCaltSe there are three lanes
nov~ in~~c1",~~,,&~'_;~t;w... befDr~e. Actually~ it cr-ee.ted SL.lch
j,mpDsslt~' diffi~01t ~j,~u~{iorl for some vehicles making a right
tun) f~_Q:~P1!Ca_ 5t. (westbound) at the intersection into
Melrose ~ve: (northbound), that the delivery truck for Lucky's
supermarket does not make a turn at the intersect10n rather go
aound behirld Little Cesear Pizza building instead.
2. Quality of Life:
The type of business that Texaco intends to get into does
not bring any positive growth to our neighborhood. It does not
irlereasE job opportun1ty~ nor tax revenue. Local residents and
Rohr Elementary School have formed a crime watch program to
prevent crimes in ttlis neighborhood. Some business people have
been active to cooperate with C. V. Police Department reporting
arlcJ ~J~evenling arlY suspiciOLts activities~ communicating with
police officers~ engaging in some other community involvement
wor-ks to improve our neighborhood. Presently~ there are four
bLlslrless within 5()(1 yard radiLls selling alcoholic beverage
already. There are at least another eight business within one
.
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mile radius selling alcoholic beverage. Do we really need one
more business selling alcoh~lic beverage in our neighborhood?
The study report provided by C. V. Police Department
indicates that this is not a high crime rate area yet. This can
actually be explained as:
A). People do not report minor crimes thus Police
Department simply does not have enough records.
B). Neighborhood watch groups and some active business
people take up the role to prevent any unusual activities.
Therefore, just becuase we are not at a high crime rate area
yet, are we sop posed to be "honored" and penalized by granting a
conditional use permit to a gas station intends to sell alcoholic
beverage and gasoline at the same time?
We wish Texaco Inc. can shape up and set their policy
straight that in this neighborhood we do need a reputed gas
station providing mechanical services (Unocal 76 across the
street on Melrose Ave. is a very good example) and become
p~o5perous and successful~ rather than converting the gas/service
station into a mini-mart selling gasoline and groceries only. The
g~5/&e~vice station does not attract youth gang to hang out, but
a lnini-mart definitely will.
We hope the Zoning Department and the City Council can make
the obviouly wise and proper dicision not to allow a conditional
use permit to Texaco Refining and Marketing, Inc. to renovate a
gas/service stat10n into a car wash/min1-mart. Your consideration
will be appreciated.
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RECEIVED
SEP 3 0 1992
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1 October 1992
City Zoning Administrator:
I would like to go on record as opposing any remodeling of the Texaco
Station located at 1498 Melrose Ave. There are several valid considerations for
not approving any change to this address:
. .
~..".""
2. Insufficient Access
3. Crime
4. Too many locations currently selling alcohol
5. Mini-market not needed.
1.
Traffic Problems.
The Texaco station is located on the Northwest comer of Melrose Avenue
and Orange Avenue. The traffic at this intersection has greatly increased in the
last two years. This can be directly attributed to two recent occurrences: (1) the
opening of I-54 linking I-80S and 1-5 and (2) the expansion of the Lucky Market.
There are only three on-ramps to I-80S from this area; L Street, Orange
Avenue, and Main Street. Residents between Palomar Street and Talus Street will
usually travel Melrose to access I-80S rather than electing one of the other two on-
ramps.
The Lucky Market also attracts residents from outside the immediate
neighborhood. This market is always crowded and the parking lot is usually full.
The make-up of the immediate neighborhood also results in a significant
number of cars traveling this intersection. To the North of this intersection are
condominiums. To the West are a large number of apartments. The portion of
the neighborhood which is single resident homes has a high occurrence of cul-de-
sacs.
2.
Insufficient Access.
Melrose Avenue is a two lane street, one lane of traffic in each direction
with a very short left turn lane (five cars maximum). Orange Avenue is does have
two lanes of traffic in each direction, but it has islands dividing traffic. The island
on west of Melrose Avenue extends beyond the property line of the Texaco
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station. V-turns for traffic traveling East is prohibited.
To access the Texaco station traveling East on Orange, vehicles must turn
left onto Melrose Avenue and make a left-hand turn through those vehicles waiting
to turn onto Melrose (V-turns are prohibited and dangerous). Access going West
on Orange Avenue can be made by making a right-hand turn. Access from
Melrose going South would require a right-hand turn. Access from Melrose going
North would either require making a left-hand turn on Melrose through oncoming
travel or making a left-hand turn onto Orange and then making a right-hand turn
immediately.
Leaving the Texaco station is a major hazard. Because of the divided
highway, only those vehicles going West on Orange can exit from Orange Avenue.
All other traffic would require exiting onto Melrose.
There are already vehicles exiting or entering the Texaco station breaking
the law. Either cars are making illegal V-turns onto Orange, making illegal V-
turns around the western end of the island, or entering the Texaco station by
driving on the wrong side of the street.
3. Crime.
We currently have problems with minor criminal acts. In the last six years,
the brick fence in front of my property has been hit twice by cars, the last time
when a the driver tried to run-over a person in front of my property. My house
has been broken into twice and, at least two attempted break-ins. Graffiti has been
painted onto my fences and sidewalk. The tire on one of my cars slashed, the
back sliding glass door shot with a pellet gun, the battery on my car stolen, and
our locking mailbox destroyed.
We currently have problems in the neighborhood with people who don't
belong in the neighborhood hanging out in Slate Court late at night drinking.
Associated with this drinking is loud noise and vandalism.
I have every reason to believe that the remodeling of the Texaco station will
increase the current problems in the neighborhood.
4. Too many locations currently selling alcohol.
Presently at the intersection of Melrose and Orange, we have more than
enough places which sell alcoholic beverages. On the Northwest corner of
Melrose and Orange, surrounding the Texaco station, there is both a liquor store
and the Lucky Marke.kWh~~'fliilIrc beverages. On the Northeast corner
we have a 7-11 which sells beer and wine and a bar.
If you want to go West on Orange, there is another 7-11 and a mini-market
which sells alcoholic beverages.
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Considering the close proximity of the Rohr Elementary School, this would
appear to be an excessive number of sites.
Also at the City Council meeting when the third public hearing on this
expansion was once again postponed, the City Council stated that there were
already too many places selling alcoholic beverages. At this meeting, I was led
to believe that this issue was dead, that the permit would be denied.
5. Mini-market not needed.
I have no idea why we need a mini-market at this intersection. If someone
wants to purchase alcoholic beverages, there are more than enough alternate
locations. If someone wants food items; we have the Lucky Market, the 7-11, and
the liquor store (which does stock milk, eggs, and a limited amount of food
products). If the object is to purchase fast food; there is a Little Caesar Pizza, a
full-service deli in the Lucky Market, a full-service bakery in the Lucky Market,
two Mexican restaurants, and hot dogs and hamburgers available at the 7-11. I am
also sure that some type of food may be purchased at the bar.
Base upon the above reasons, and common sense, the proposed expansion
should be denied. It makes no sense to increase traffic on an already
overburdened intersection, and logic dictates that unless Texaco expected
customers they would not spend money on remodeling. It also makes no sense,
in a recession era when many small businesses are failing and almost every corner
shopping center has vacancies, to build businesses which directly compete with
existing small businesses; common sense would dictate having businesses which
complement each other. It also makes no sense to take an area already having
problems with minors drinking and causing problems late at night and having
problems with gang invading the neighborhood, to allow a business which would
only intensify and increase existing problems.
CRYSTAL SANDERS
Chula Vista, CA 91911-5912
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Cindy Thomas
F~' f" . , "
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Chula Vista, CA 91910
October II, 1992
Chula Vista Planning Commission
276 Fourth Avenue
Chula Vista, California 91910
To Whom It May Concern:
I wish to offer my input regardin9 the planned Texaco/Mini-mart at the corner
of Melrose and East Orange. I am strongly opposed to its fruition due to the
fact that alcoholic beverages will be sold. In this neighborhood of a large
population of school-aqed children, I feel it is extremely unnecessary to
allow, yet, another facility that offers such beverages to be built.. Due to
the extreme gang-related problems that have recently arose in this nei9hbor-
hood, I can't imagine any other level-headed adult disagreeinn with me.
Sincerel!, ~~ ~
tV~<- ' I~
.-. Thomas '
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Oct. 7, 1992
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276 -
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4th Ave.
Vista, CA 91910
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Dear Sir:
I wish to offer my input regarding the planned Texaco Mini Mart
on the corner of Melrose and E. Orange.
Although such an enterprise is legal and would be eye-appealing,
it represents yet another establishment to sell liquor. This
would mean that there would be five stores on one corner which
would sell liquor.
Anyone who has been involved in the public in any way knows that
liquor and its easy access creates a higher probability of crime.
San Diego J. ~. stadium officials restrict the sale of liquor
after a certain time of any given game because they know that
liquor-intoxicated people create violence and crime. I fear
for my neighborhood.
Living just ~h~ corner from the corner in question I have
seen f~rsthc.~esirable types hanging around the 7-11
store, the liquor store next to Lucky supermarket, and the bar
just down from the 7-11.
Because of their presence, I don't take my family to these stores
after dark. It's scary enough entering the 7-11 store during
the day and seeing questionable young men, particularly, hanging
around the phones, perhaps there to make drug deals.
Gangs are entering our neighborhood fast enough without encourage-
ment from such planned establishments. AM-PM, 7-11 and other
such mini marts are meant for convenience. But they frequently
become hangouts for gangs. Some stores in Chula Vista have re-
moved pay phones due to said undesirable types hanging around
making drug deals, comm~ing crimes, etc.
If you are skeptical about these magnets for drunkenness, drugs,
crimes, grafitti, etc., I suggest you spend several nights
around them observing. Then ask yourself if you'd want to live
in that neighborhood and would be willing to take your family
to su1'Places expos~ng them to the above mentioned realities.
HO:J;UPY{J;/5-.0s" " /,;? -----.,
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ana Mari-.et'~'r Irt~'
September 4, ~992
city of Chula vista
Planning Department
Attn: Steve Griffin
276 Fourth Ave.
Chula Vista, Ca. 91910
RE: CONDITIONAL USE PERMIT APPLICATION/BEER & WINE
Texaco Project
1498 Melrose at Orange
Chula Vista, Ca.
Dear Mr. Griffin:
This correspondence and attachmen~,~~~ted
supplemental information for the 0 s 1led
mentioned application.
The attached booklet is the study guide for Techniques of
Alcohol Management (TAM) training class which each Texaco
Food Mart employee must complete prior to working in one of
our foodmarts. In addition to the booklet, there are training
film and classroom instruction. After successful completion
of this course, each employee is required to execute the
enclosed Clerk's Affidavit, Alcoholic Beverage Control (ABC)
Laws which we keep in each employees personnel file.
as
above
Our training classes are held locally in our facility at 9966
San Diego Mission Road, San Diego. The classes are typically
held twice a month. Our Training Instructor is Ms. Denise
Barnhart who has several years experience with convenience
store chains and is well informed regarding Techniques of
Alcohol Management. You, or any member of your staff, are
welcome to sit in on one of our classes.
In addition to abiding by the guidelines as outlined in the
"TRMI Alcohol Awareness Program", Texaco also abides by the
following:
1. ALL customers, no matter what age, must produce
valid identification with a photgraph.
2. No neon or internally illuminated beer or wine
advertising sign is allowed in our facilities.
3. No iced single merchandisers are permitted.
/O-L/l
Bv'!c,,~g 0,'- e Trao"I:;r; of Qua,,!y
;;;,/)/
r
I have enclosed a memo regarding recognition that one of our
stores in the City of Oceanside recently received from the
community based organization, citizens Helping Oceanside Obtain
a Sober Environment (CHOOSE). This recognition was much
appreciated by Texaco as it demonstrated that our programs are
effective and appreciated by the community.
Should you have any questions regarding Texaco's policies
on alcoholic beverage transactions please do not hesitate to
contact me at 8'
Sincerely,
)). /? m~-!tu)~
D. P. Mattson
Senior Real Estate Agent
DPM/dc
Enclosures
~
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Effective Date:
Reolaces:
01/31/90
N/A
Alcohol/Tobacco Manaaement 8.1.1
)
8.1. TRMI ALCOHOL AWARENESS PROGRAM
POLICY
Company premises will be in compliance with all federal, state, and local laws
governing the sale of alcoholic beverages. The violation of these laws by an
employee(s) will result in immediate termination of the employee(s) involved.
)
1. TRMI adopts the National Association of Convenience Stores "Techniques of
Alcohol Management" (TAM) Program for the training and education of its
employees. This program is intended to improve the knowledge,
confidence, and motivation of employees in discovering and legally
handling problems related to alcoholic beverage sales. You will be given
guidelines about the prevention of sales to minors, intoxicated persons,
and third parties. All store, field, and office personnel with
responsibility in the area of alcohol (selling, supervising, managing,
etc.) must participate in the TAM program. Visuals (ID buttons,
stickers, posters), audio visuals (training tapes), training meetings,
written materials, and/or other program components will be used in
presenting the TAM's material.
2. The Supervisor is responsible for presenting the TAM's Audio/Visual
Workbook to all Store Managers. Upon completion a signed copy of the
Employee's Agreement of Understandi ng Form and the Al cohol and Tobacco
Laws Final Test must be in the personnel file.
3. The Store Manager must train all cashiers, as a condition of their
employment, utilizing the TAM course. The Manager must review the TAM
workbook with each employee, discuss state liquor regulations, and
administer the Alcohol and Tobacco Laws Final Test. When this has been
successfully completed, the Employee's Agreement of Understanding form
must be signed by both the Manager and employee and placed in the
employee's permanent personnel file.
...J
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Effective Date:
ReDlaces:
01/31/90
N/A
Alcohol/Tobacco Manaaement 8.1.2
Verification of the completion of these forms will be done by the
Supervi sor when he/she reviews each store's personnel fil es during the
monthly mini-audit. The Supervisor will note this verification on the
audit form.
4. All Petroman employees must meet the state minimum age requirements to
sell alcoholic beverages.
5.
(-ILL C.USIClty'lCo~5
.1\1,:' ttutlll"tI II II lit II , :ng tll Ill:. lIndel 2E yeal! af l!le must produce val id
identification with a photograph.
6. Display TAM decals on all cooler doors where beer or wine is sold.
7. Wear TAM buttons while on duty.
8. Affix the counter/register decal near the register where it will be
visible to customers.
Other Guidelines:
1. Do not sell alcoholic beverages to anyone whose identification is
questionable.
2. Positive identification is required at the time of sale from all persons
of questionable age. Use TAM techniques to be sure that ID is not
altered, forged, stolen, counterfeit, or expired. Before the sale, the
customer must produce one of the following forms of identification:
(1) Valid state-issued driver's license.
(2) Valid state-issued personal 1.0. card (in states where
applicable).
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Effective Date:
Reolaces:
01/31/90
N/A
Alcohol/Tobacco Manaqement 8.1.3
The following documents are n21 acceotable as proof of age or identity:
1. Birth certificate
2. Credit cards
3. Social Security card
4. Student 1.0. card
5. Temporary Driver's License
6. Travel Visa
7. Baptismal certificates
8. Expired documents
9. Otherwise valid documents that have been borrowed, stolen,
altered, forged, and/or counterfeited.
3. Do not sell alcoholic beverages to anyone who appears to be intoxicated.
4. Do not open an alcoholic beverage for anyone.
5. Ask anyone who is consumi ng an alcohol i c beverage on the property, to
leave as this is a violation of the Company's license.
6. Do not sell alcoholic beverages to any customer who appears to be
purchasing the beverage either for someone underage Dr intoxicated.
7. Any Petroman employee cited for a beverage violation will be suspended.
8. Any Petroman employee found guilty of a beverage violation will be
.-J terminated.
le.-53
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/
Effective Date: 01/31/90
ReDlaces: . h/A
Alcohol/Tobacco Manaaement 8.1.4
9. Do not sell gasoline to anyone who is driving and appears to be
intoxicated.
In order to maintain good customer relations, always treat all customers
courteously.
IN SuttlARY, YOU ARE NOT OBLIGATED TO SELL ALCOHOLIC BEVERAGES TO ANY
CUSTOMER WHO APPEARS TO BE UNDER THE LEGAL AGE REGARDLESS OF THEIR
IDENTIFICATION. THE COMPANY WILL NOT HONOR COMPLAINTS RECEIVED BECAUSE AN
EMPLOYEE REFUSED TO SELL SOMEONE ALCOHOLIC BEVERAGES. COMPLAINANTS WILL BE
TOLD THAT THESE COMPANY POLICIES CANNOT BE VIOLATED BY ANY EMPLOYEE,
INCLUDING THE MANAGER AND SUPERVISOR.
It/51
". 4')- /'
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EMPLOYEE'S AGREEMENT OF UNDERSTANDING
Alcohol and Tobacco Products
Print Employee's Name
Store location
I agree to the following rules and policies about the sale of alcoholic
beverages and/or tobacco products. I agree that as a seller of
alcohol/tobacco products, I am in compliance with the legal age requirements
for the purpose of selling these products. The legal age(s) for a seller of
these products for this locale are for the sale of alcohol, and
for the sale of tobacco.
1. I will not sell alcohol/tobacco products to any person under the legal
age. The legal ages for this store are:
years
ID Age Requirement _____ years
. Beer
Wine
years
Distilled liquor
Tobacco Products
years
years
: )
If the person appears close to the minimum age, I will ask for
identification. I will not make the sale if there is any doubt as to the
person's age.
2. I will not sell alcoholic beverages to any individual during hours when
it is illegal. The legal hours for the sale of alcoholic beverages at
this store are as follows:
Monday-Friday
Saturday
Sunday
to
to
to
3. I will not sell alcoholic beverages to obviously intoxicated or otherwise
disorderly individuals.
4. I have been trained and am in agreement with all facets of the Alcohol
Awareness Program as outlined in the Alcohol/Tobacco Management Section
of this Manual, and I have satisfactorily completed the Alcohol and
Tobacco laws Final Test. Either in conjunction with the above, or in
lieu of, I have completed any state and/or local requirements necessary
to allow me to sell alcohol and/or tobacco products, and where
applicable, have received the appropriate certification card.
Employee's Signature
Social Security'
Date
..J
/1)/.5->
Store Manager's Signature
Date
This agreement will be maintained in your personnel file as part of your
permanent employee record.
./
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ALCOHOL AND TOBACCO LAWS
FINAL TEST
~
1. What time can you start selling the various alcoholic beverages on
Monday - Friday? Beer? Wine? Liquor?
2. What time on Saturday can you start selling?
Beer? Wine? Liquor?
3. On Sunday, what time can you start to sell?
Beer? Wi ne? Li quor?
4. How old must a customer be to legally buy the following:
Beer? Wine? Liquor? Tobacco?
5. If an 1.0. is requested, what are the acceptable forms of identification
required of someone who wants to purchase alcohol/tobacco?
1. 2.
6. What time must you stop selling beer on Sunday?
7. During the week, what time must you stop selling the following:
Beer? Wine? Liquor?
8. Is it legal for someone to drink beer in the store?
9. If you ask a customer to show you an 1.0. before selling him/her beer and
they cannot produce one but insist they are old enough, you should do
which of the following? " ~
a. Sell the beer, but tell them to bring an 1.0. the next time.
b. Call the police.
c. In a courteous manner, tell them that you must see an 1.0.
before you can sell them beer.
10. What is the legal age for selling tobacco in your state?
/i/r5'6
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Suggested Format (8.I.b.)
_c-P~\ON OFCoJy~
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TECHNIQUES OF ALCOHOL MANAGEMENT
EMPLOVEE WORKBOOK
National Association of Convenience Stores
Audio-Visual Training Center
Copyright' 1985 - National Association of Convenience Stores
It) ~ 5)
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TECHNIQUES OF ALCOHOL MANAGEMENT SYSTEM
MR\27C:l
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33
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TAM
TAM PRE-INSTRUCTION TEST
\
I. FILL IN THE ANSWERS BELOW:
1. LIST THE FIVE "CLASSIC" SIGNS OF INTOXICATION:
2. CIRCLE THE FORMS OF IDENTIFICATION THAT ARE VALID FOR PURCHASING ALCOHOL:
BIRTH CERTIFICATE SOCIAL SECURITY CARD
ALIEN VISA CREDIT CARD
CERTIFICATE OF BAPTISM STUDENT PHOTO 1.0.
3. LIST THREE PENALTIES THAT CAN AFFECT AN EMPLOYEE WHO FAILS TO OBSERVE ALCOHOL SALE
LAWS:
4. IN THIS STATE, LEGAL DRINKING AGE IS:
5. (CIRCLE THE RIGHT ANSWERS:) ALCOHOL IS:
A) A STIMULANT
B) A DEPRESSANT
C) A CONTROLLED SUBSTANCE
II. TRUE/FALSE (CIRCLE CORRECT ANSWER)
6. T F MY STORE HAS A RIGHT TO SELL ALCOHOL
7. T F A SECOND-PARTY SALE MEANS THE FIRST PARTY WAS FUN
8. T F A MILITARY 10 CARD IS VALID TO BUY ALCOHOL
9. T F DON'T ASK FOR 10 IF THE PERSON LOOKS 23
10. T F I SHOULD TRY TO STOP A THIEF WHO'S STEALING ALCOHOL.
4
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11. (CIRCLE THE BEST ANSWER:) IN STUDIES, UNDER-AGE YOUNG PEOPLE FIND IT EASIEST TO BUY AL-
COHOL IN A:
A. LIQUOR STORE
B. SUPERMARKET
C. DRUG STORE
D. CONVENIENCE STORE
E. DISCOUNT STORE
F. TAVERN
12. (CIRCLE CORRECT ANSWERS:) THE AGENCIES THAT ESTABLISH ALCOHOL LAWS AND REGULATIONS
INCLUDE:
A. FEDERAL BUREAU OF ALCOHOL, TOBACCO AND FIREARMS
B. U.S. DEPARTMENT OF JUSTICE
C. STATE LIQUOR CONTROL COMMISSIONS
D. STATE DEPARTMENT OF JUSTICE
E. U.S. TREASURY DEPARTMENT OF TAXATION
F. LOCAL (CITY, COUNTY, TOWN, VILLAGE) GOVERNMENT
G. NATIONAL LICENSED BEVERAGE ASSOCIATION
H. THE CONVENIENCE STORE COMPANY I WORK FOR
13. IF THE LAW SAYS NOT TO SELL ALCOHOL AFTER 10PM, BUT THERE'S A CHANCE FOR A BIG SALE AT
10:02, WHAT SHOULD I DO? (FILL-IN):
14. WHICH OF THESE ARE SIGNS OF A FALSE I.D.?
A. SPLIT LAMINATION D. ERASURE MARKS
B. LUMPS OR BUMPS E. TYPE NOT ALIGNED
C. FUZZY PHOTO F. DARK PHOTO
G. SEVERAL TYPE STYLES
H. FALSE SIGNATURE
I. PASTE-ON
5 J (J''t- 0
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The sale of beer and wine products represents a large part of our
total Food Hart sales and gross profit. To protect our privilege
to sell these products it is imperative that we take every step
possible to train our employees to handle these sales properly.
In order to facilitate this it is mandatory that the following
actions be implemented immediately.
Company premises will be in compliance with all federal, state,
and local laws governing the sale of alcoholic beverages. The
violation of these laws by an employee(s) will result in
immediate termination of the employee(s) involved.
The Company adopts the National Association of Convenience Stores
"Techniques of Alcohol Management" (TAM) Program for the training
and education of its employees to vastly improve the knOWledge,
confidence. and motivation of employees in discovering and
legally handling prOblems related to alcoholic beverage sales and
to alleviate sales to minors, intoxicated persons. and third
parties. All store. fi~ld, and office personnel with any
responsibilities in the area of alcohol (selling, supervising.
managing, etc.) must participate in the TAM program through use
of visuals (ID buttons, stickers. poster), audio visuals
(training tapes, training meetings. written materials, and/or
other components of the Program.
· THE TAMS PROGRAM - POLICIES
1. The Supervisor is responsible for presenting the TAM's
Audio/Visual Workbook to all Salary Hanagers. Upon
completion a signed copy of the Agreement of
Understanding Form (Example 1) must be in the manager's
personnel file.
2. The Salary Hanager must train all cashiers, as a
condition of their employment, utilizing the TAH
course. The Hanager must review the TAH workbook with
each employee, discuss State Liquor Regulations, and
administer the post test. When this has been
successfully
HR\27C:2
34
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/l(1/
completed the
signed by both
the employee's
Agreement of Understanding form must
the .anager and employee and placed
permanent personnel file.
be
in
Supervisors will verify the completion of these forms
by reviewing each store's personnel files during the
monthly mini-audit and noting this on the audit form.
3. TAM decals will be displayed on all cooler doors where
beer and wine is sold. (See Merchandising Section for
placement) .
TAM buttons will be worn by all Petroman employees
while on duty.
The Counter/register decal should be affixed to or near
the register, visible to the customer.
* POLICY
All Petroman Employees must meet the minimum state age
requirements to sell alcohol beverages and when employed
will require all customers, appearing to be under,ji ~.~S. ~~.
of age. to produce valid pictured identification. ~~.~
Other specific policies are: ~~
1.
Do not sell alcohol beverage
identification you question.
to
anyone whose
2. Do not accept printed identification cards that can be
purchased with a photograph.
positive identification is required at time of sale
from all persons of questionable age. Customer must
produce for visual inspection before the sale one of
the following picture
HR\27C:3
35
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identification
that 10 is not
expired) :
{check carefully using TAM techniques
altered. forged, stolen, counterfeit, or
1. State-issued valid driver's license.
2. State-issued valid personal 1.0. card (in states
where applicable).
The following documents are not acceptable as proof of age
or identity:
1. Birth certificates
2. Credit Cards
3. Social Security Cards
4. Student 1.0, Cards
5. Temporary Driver's Licenses
6. Travel VISA's
7. Baptismal certificate
8. Expired documents
9. Otherwise valid documents that have been borrowed,
stolen, altered, forged, and/or counterfeited.
3. Do not sell alcohol beverages to an intoxicated person.
4. Do not open an alcohol beverage for anyone.
HR\27C:4
3(;
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S. Ask anyone who is consuming an alcohol beverage on our
property to leave as this is a violation of our
license.
6.
Do not sell alcohol beverages to any
appears to be purchasing the beverage
people or intoxicated people that are not
customer that
for underage
present.
7. Any Petroman employee cited for a beverage violation
will be suspended.
8. Any Petroman employee found guilty of a beverage
violation will be terminated.
All Customers not allowed to purchase shall be treated tactfully
in an effort to maintain a potential customer for other items of
sale.
IN SUMMARY. YOU ARE NOT OBLIGATED TO SELL ALCOHOL BEVERAGES TO
ANY CUSTOMER THAT APPEARS TO BE UNDER THE LEGAL AGE. REGARDLESS
OF THE NUMBER AND TYPES OF IDENTIFICATION THE PURCHASER PRODUCES.
COMPLAINTS RECEIVED BY THE COMPANY BECAUSE YOU REFUSED TO SELL
ALCOHOL BEVERAGES WILL NOT BE HONORED AND WILL BE TOLD THESE
POLICIES CANNOT BE VIOLATED BY ANY EMPLOYEE. INCLUDING YOUR
MANAGER AND SUPERVISOR.
MR\27C:S
37
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TAM
-
TECHNIQUES OF ALCOHOL MANAGEMENT:
POST TEST
1-5. LIST FIVE VALID FORMS OF 10 lEGAllY ACCEPTABLE FOR ALCOHOL
PURCHA::;E:
6-10. LIST FIVE DOCUMENTS NOT ACCEPTABLE FOR BUYING ALCOHOL
11-15. LIST FIVE COMMON SIGNS THAT SIGNAL AN ALTERED ID.
16-18 LIST THREE TYPES OF FALSE 10 BESIDES ALTERED ONES.
19-21. THERE ARE THREE KEY WORDS TO TAM. Fill IN THE MEANING OF EACH
LETTER.
S: M' S:
I' A: T:
R: A: 0: ~
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M' P:
22.24. OF THE THREE TAM KEY WORDS (SIR. MAAM. STOP):
22. WHICH HELPS SOLVE UNUSUAL OR CONFRONTATION PROBLEMS?
23. WHICH HELPS IDENTIFY THAT THERE IS A PROBLEM?
24. WHICH HELPS DEAl WITH MOST NORMAL PROBLEMS?
- 25-28. . LIST THREE SITUATIONS IN WHICH POLICE SHOULD BE CALLED.
.
29. IN THIS STATE: lEGAL AGE TO BUY ALCOHOl IS
-IF THERE ARE EXCEPTIONS (BEER VS LIQUOR, DIFFERENT AGES LE-
GAL AS THEY GROW TO 21, ETC.I, LIST:
30. DAY, HOURS, OR 3.2 RESTRICTIONS ON ALCOHOL IN MY COMMUNITY
AND STATE ARE:
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31.32. WHICH TWO SIR STEPS HELP SHOW INTOXICATION?
and
33.34. (FILL IN) IN A SECOND-PARTY SALE, A PERSON WHO IS
AGE TRIES TO BUY ALCOHOL FOR A PERSON OR GROUP THAT IS
AGE, USUALLY IN EXCHANGE FOR MONEY.
35. (CIRCLE RIGHT ANSWER:) IT IS (LEGAL1LLEGAL) TO SELL ALCOHOL TO
AN INTOXICATED PERSON, AS LONG AS HE'S NOT DRIVING A CAR.
36. LAWS GOVERNING THE SALE OF ALCOHOL ARE ESTABLISHED BY:
A. FEDERAL GOVERNMENT
B. STATE GOVERNMENT
C. LOCAL GOVERNMENT
D. ALL OF THE ABOVE, A-B-C. .
E. NONE OF THE ABOVE A-B-C.
37. THE BEST TIME TO OBSERVE ALL ALCOHOL SALE LAWS IS:
A. WHEN THE BOSS IS AROUND.
B. WHEN THE POLICE ARE AROUND.
C. WHEN YOUR STORE'S COMPANY INSPECTOR IS EXPECTED.
D. ALL THE TIME.
E. IT REALLY DOESNT MATTER.
38. IN THE PAST, THE EASIEST PLACE FOR YOUNG PEOPLE TO BUY AL-
COHOL WAS WHAT TYPE OF STORE?
39-41. LIST THREE PROBLEMS YOU CAN HAVE IF YOU SELL ALCOHOL
ILLEGALLY.
42. . COMPANY POLICY ON CHECKING IO'S FOR AGE IS: .
43-45. IN "SIR", WHEN YOU "SIZE UP", YOU LOOK FOR SIGNS OF THREE
PROBLEMS:
.
A.
B. -. -- ..----"- - -- ~ -
C.
46 IN "INTERVIEWING" (SIR), WHAT TYPE OF QUESTION DO YOU ASK?
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47. TEll WHY IT'S IMPORTANT TO MOVE AWAY THE AlCOHOL. IN THE
MAAM STEP:
48. WHY ASSERT THE LAW in the MAAM STEP?
49. A CUSTOMER TELLS YOU IT'S HIS RIGHT TO BUY ALCOHOL FROM YOU.
HE SAYS YOU CANNOT LEGALLY REFUSE. IS THIS TRUE OR FALSE?
EXPLAIN WHY:
50. THERE IS JUST ONE ACCEPT ABLE ACTION WHEN YOU ARE PRESENTED
WITH AN ATTEMPT TO MAKE AN IllEGAL PURCHASE OF AlCOHOL:
THE SALE.
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TAM PROGRAM - TRAINING
Many convenience store employees 40 not know they can be fined.
jailed and fired for failing to obey beverage alcohol laws and
regulations. Many do not know what these laws are; how to spot
offending consumers; or how to deal with them legally and in your
company's best interest. Through TAM. you can 40 all these
things. You can instill the knowledge. confidence and motivation
to prevent illegal beverage alcohol problems in your stores and
protect your company. your employees. your customers and your
profits.
Techni~ues of Alcohol Management (TAM) uses the simply acronyms.
"SIR". "MAAM". "STOP" to teach the law. to identify the problems
and to handle problems in beverage alcohol sales. All are simple
ideas in themselves and very easy to memorize. recall and apply.
The first two "SIR" and "MAAH" are friendly greeting words. as
are the recommended control steps they represent. The last
greeting words. as are the recommended control steps they
represent. The last word "STOP" is a "warning" word used to
recall the steps to solve difficult or dangerous situations.
SIR teaches trainees how to discover problems by "Sizing up".
"Interviewing" and "Rating" customers or situations".
MAAM teaches them to handle problems revealed by "SIR"; this is
done by "Moving alcohol away"; "Attitude - firm. fair. friendly";
"Asserting the law"; and "Moving on to other work".
STOP teaches employees. in cases where "MAAM" doesn't end the
problem. to "Stay in the store"; "Temper control"; "Observe
details"; and "Post details in a store log and call police. if
needed" .
The TAM's Employee Workbook contains everything except specific
laws for 'our state and community and your company policies.
MR\27C:6
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TAM'S EMPLOYEE WORKBOOK
The TAM's "Employee Workbook" stands alone. in that it contains
all course information. But it needs the addition of notes on
laws; your policy; the pre and post tests; the visual in-store
control tools (signs, buttons, decals, etc.); and your
instructions. The student adds these, from direction provided by
the trainers/facilitator.
The TAM's Employee Workbook component
tool. The student will be referred
fill in laws and notes; (2)
trainer/facilitator wants to highligh
review the TAM program in detail.
is the primary trainee
to the workbook to (1)
look at pages the
for reference, and (3)
It is important for the trainee to be acquainted with the
entire workbook and notes in it for future reference.
The Workbook outlines all the material presented in the
Audio-Visual segment. and is designed to include all the
points made by the instructor. with notes on each problem
scenario.
The instructor must be thoroughly familiar with the TAMS
Employee Workbook in order to easily direct trainees to the
right pages for pre-test. note-taking, references, etc.
* THE PO~T-TEST
If trainee cannot pass the Post Test, they should not be
allowed to handle the sale of alcohol. Additional training
should be given until the trainee passes.
NOTE OF CAUTION: Employees not fluent in both spoken and
written English will have difficulty with this test. Yet,
if they handle alcohol .a1es, they must understand the laws
and TAM. Verbal instructions and testing
KR\27C:7
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39
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in their own language will help, but if they cannot converse
with customers they will have great difficulty using TAM and
preventing illegal alcohol sales or other problems.
The final test answers should not be provided to trainees.
They must turn in completed test for grading and scoring.
You can use the test scores for compliance purposes, perhaps
requiring re-testing and retraining for those who fail.
.
OBJECTIVES
The trainee needs to be
professionally:
able
to . do
these things
1.
Understand the laws and
consumers of beverage
local restrictions.
policy governing the sale to
alcohol, including state and
2. Describe in det.il the major legal problems customers
present regarding beverag alcohol purchases.
3. Identify these beverage alcohol problems and describe
hot to deal with them as customers present them: under-
age, false ID, intoxication, second-party sale, after-
hours sale, on-premises consumption and theft.
4. Describe and act to handle both routine and unusual
problems created by these seven legal issues; and do
this in such a way as to protect Petroman, employee and
customers from danger, bad publicity, illegal actions,
legal jeopardy and damage.
5. Describe ways to aaintain safety, keep control of the
store, maintain a positive image and good customer
relations, while handling beverage alcohol problems.
MR\27C:B
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FOLLOW UP
The real test of training effectiveness is employee performance
on the jOb. Make trainees aware of the need for total
performance on alcohol beverage problem -- handling. You will
provide the knowledge and motivation for this. The confidence
will come to trainees through practice and experience on the job.
You need to reinforce this training to ensure motivation and
application.
Part of the follow-up in this case should include pre-training
supervisors. managers and others. They are the ones who will
monitor the degree of employee performance. Managers and
Supervisors. in turn. will need to evaluate employee performance
fOllowing training. Their evaluation really begins with results
in the store: did trainees learn? Are trainees using what they
learned? and how effectively?
Evaluation needs
needs improvement
actions.
to be objective. It needs to identify what
and the possible need for re-training or other
*
Evaluate post-test
employee.
results;
review
errors with
* Evaluate on-the-job performance.
* Schedule re-training (or other action) if needed.
* ORDER MATERIAL
See Examples 2 and 3 for TAMS material to be ordered.
Ml\27C:9
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EMPLOYEE'S AGREEMENT OF UNDERSTANDING
I agree to the fOllowing rules and company pOlicy about the .ale
of alcohol beverages:
1. I will not sell alcohol beverages to any person under
the legal age. The legal ages for this store are:
Beer
Wine
Distilled Liquor
years old
years old
years old
If the person appears to be close to the minimum age I
will ask for identification. If there is any doubt
about the person's age, I will not make the sale.
2. I will not sell alcohol beverages to any individual
during those hours when it is illegal to do so. The
legal hours of sale for this store are:
Monday...Friday
Saturday
Sunday
to
to
to
3.
I will not
adult for use
think this is
knowingly sell alcohol beverages to any
by individuals under the legal age. If I
happening I will not make the sale.
4. I will not sell alcohol beverages to Obviously
intoxicated or otherwise disorderly individuals.
Employee'S Signature
Date
Store Manager's Signature
Date
(This agreement will be maintained in your personnel file a. part
of your permanen: employee record.)
HR\27C:IO
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42
EMPLOYEE AWARENESS FORM
(Supplemental to Employee Handbook)
Name
Supervisor
(Employee)
Station
Date
In operating any business
follow to be successful.
form and a signed copy of
there are certain policies and procedures we all must
We have listed some of the more important of these on this
which will be maintained in your personnel folder.
If you have a question concerning any of these policies. please ask the station
supervisor for an explanation before signing the statement.
--- READ CAREFULLY
The following are policies and should be followed at all times:
When there is
in a security
Repeated cash
demotion.
No free merchandise is to be requested or received from salesmen.
Merchandise purchased from a vendor is charged in on an invoice and not purchased
for cash unless authorized.
All sales of merchandise (including gasoline) will be paid for and rung up in
full on the cash register at the time of purchase. Either unintentionally or
intentionally failing to ring an order may be grounds for dismissal.
Credit will not be extended to any customer or employee.
The cash register drawers will be kept closed except when ringing up a sale.
making change or when taking the required register readings.
There will be no exchange of merchandise for saleable merchandise with vendors.
A credit slip for returned merchandise must be obtained.
Merchandise consumed on premises or taken home should be recorded on "employee
purchase log" by some other station personnel whenever possible.
~ Sales receipts will be placed in the customer's bag or given to the customer
at the completion of his/her purchase.
11. Employees are not allowed to have pets on the premises.
12. No alcoholic beverages or cigarettes will be transferred from one station to
another without proper authorization.
No one is allowed to loiter on the premises.
Only authorized employees will be allowed to do any type of work in or around
the station.
15. Unauthorized personnel will not be allowed inside the station after closing
hours.
16. No television sets. outside reading. or personal projects are allowed to be
in the booth.
17. Special care is to be taken. ~en closing at night. to see that all locks are
secured and only security lights are left on.
18. Employees will be in uniform. properly dressed and ready for work at the scheduled
time.
I.
a cash or inventory variation,
interview.
or inventory variations may
you may be asked to participate
2.
result in discharge. transfer. or
3.
4.
5.
6.
7.
8.
9.
13.
14.
./ /p I ;
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15
19.
I 20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
The cash in the drawer or register is to
monies are to be in the safe and nowhere
No one but the manager or supervisor may
at a unit.
Each written warning is to be signed by the employee.
Each employee must fulfill his assigned cleaning responsibilities.
All accidents will be reported to the manager and supervisor as soon as possible.
The wearing of a uniform when off duty is discouraged.
In the event of an armed robbery, no resistance is to be exercised.
Whenever a theft occurs (gas, money, grocery, etc.) the employee will contact
the police.
Every employee is responsible for the accurate recording of his/her own time
sheet after each work shift.
Failure to notify proper authority of an absence from work for 3 consecutive
days will be considered a voluntary resignation.
Company telephones are provided for company use.
never be more than
else.
authorize a person
$75.00.
All other
to leave a vehicle
Violation of any of the following will result in dismissal:
30. False statements. misrepresentations or fraud in completing the company application
form or any other official record.
31. Consumption or possession of alcoholic beverages or illegal drugs while on
company property. (This includes the parking lot and rear of station).
32. Embezzlement of or attempted embezzlement of company funds. (The company will
prosecute the offending person or persons to retain its losses).
33. Borrowing money from station funds. (This includes lOU's and personal checks
held for future deposit or redemption).
34. Criminal. dishonest. immoral or insubordinate conduct while on duty.
35. Profanity and/or abusive language by employees will absolutely not be tolerated
in any dealings with the public or fellow employees.
36. Discourtesy to a customer.
37. Intentionally overcharging a customer.
38. Intentionally overpricing merchandise.
39. Possession of guns, firearms or other deadly weapons on any company property.
40. Returning to the station after normal closing hours, except in an emergency.
41. Leaving or closing and locking the station after reporting to work for any
unauthorized reason, except at normal closing or shift change.
42. Selling alcoholic beverages to customers of illegal age and during illegal
hours.
43. Not following proper money drop procedures.
44. I fully understand that if I violate any of the foregoing company polcies and/or
procedures, I will be subject to immediate dismissal.
NOTE: Written rules cannot cover all conduct which may be grounds for disciplinary
action. Improper conduct or work performance not specifically covered
by these rules or policies will be grounds for disciplinary action ranging
from written warning to discharge, depending on the facts of the particular
case and the employment history of the employee involved.
I have carefully read and fully understand the foregoing terms of employment.
Signature of Employee
Signature of Supervisor
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PROBLEMS LEADI!'G TO DISCHARGE FROM EMPLOYMENTlTHIS L1ST15 NO"[CESSAR'LI ULlNellSl",
1. Falsification of Application For Emplo)ment or of other Company records.
2. Arrhing late or absent from work.
3. Theft or other acts of dishonesty or carelessness which result in the loss of money. ~tory or other Company
property.
4. Failure to follow money handling procedures such as not making money drops, leaving safes unlocked or nOl
keeping designated areas secure.
5. Consumption of alcoholic ~erages, controlled substances or other intoxicants on the premise as well as
reporting to work under the influence of same.
6. Insubordination.
7. Fighting, gambling or "horse pia)>' on Company property.
8. Abusive or discourteous treatment of customers including use of profane, obscene or abusive language or
gestures.
9. Failure to report to work as scheduled without notification and approval of supervisor.
10. Bringing any !)pe of weapon or destructive de\ice onto Company property.
11. Willful destruction or abuse of Company property.
12. Failure to check !D's where cigarettes and beer are offered for sale by the Company.
13. Violations of safe!)' rules.
I'f. Failure to carry out assigned duties.
1 S. Failure to wear designaled uniform or other required Company identification.
16. Allowing thniolation of any federal, state, or local laws which would applyto the operations of the station or
sale of merchandise.
17. Gi\ing inteniews or information regarding Company procedures, policies, or salaries to unauthorized agencies
or persons. (REQLlRE PROPER IDEl\,IFlCATION IF ACTHORIZED)
NOlWITIiSTANDlNG TIiE ABOVE STATED SUPERVISOR GUIDEUNES, IT IS UNDERSTOOD lliAT
EITIiER 1liE COMPM'Y OR TIiE EMPLOYE MAY TERM:INATE 1liE EMPLOYMENT RELATIONSHIP
AT ANY TIME, FOR ANY REASON.
NO REPRESENTATIH OF THE COMPANY HAS ANY AUTHORITY TO ENTER INTO ANY
AGREEMENT FOR EMPLOYMENT FOR ANY SPECIFIED PERIOD OF TIME, OR ASSURE
ANY OTHER PERSONNEL ACTION, OR TO ASSURE ANY BENEFITS OR TERMS OF
EMPLOYMENT OR MAKE ANY AGREEMENT CONTRARY TO THE FOREGOING,
/o'-7~
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\
DO empty all trash containers regularly.
DO be certain that all gasoline and other price signs are in place with proper numbers.
DO turn on all outside lights and signs at dusk.
DO display advertising materials furnished orauthoriud by the Company ONLY. All diny or outdated materials
shall be removed. NO HA!\"DMADE SIGNS.
Certain actions will discourage customers
from trading with you.
THE FOLLOW1NG ARE THE "DON'TS"
DONT
DONT
( Dmn
DON'T
DON'T
DONT
DON'T
DONT
DON'T
DONT
DONT
{
allow alcoholic bt"\'eragcs or other controUed substances to be consumed on Company property.
allow "horscpJa~~' or other disorderly conduct.
brim! radios, TV's, games or reading materials on station property. (Your cash handling, customer !it
and station operations VliU require your undivided altention.)
allow prolonged \isiting or telephone conversations with friends or relatives
allow loafing on station property.
allow distribution of printed materials other than those provided by the Company.
allow the posting of handbiUs, decals or other materials not pro\ided or properly authorized by the
Company.
park your car outside of the area designated as employe parking.
perform mechanical senices on any vehicle on Company property.
remain on station property after completing your shift,
BRING WEAPONS OF A.....-V TI'PE ON TO STATION PROPERTY.
-,
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TEXACO INC.
EMPLOYEE'S AGREEMENT
OF UNDERSTANDING
I agree to the following rules and company policies about
the sale of alcoholic beverages:
1. I will not sell alcoholic beverages to any person under
the legal age. The legal age for the state of California
is 21 years.
I will ask for identification on all alcohol related
transactions. If there is any doubt about the persons age,
I will not make the sale.
2. I will not sell alcoholic beverages to any individual
between the hours of 2 am. and 6 am.
3. I will not knowingly sell alcoholic beverages to any adult
for the use by individuals under the legal age. If I think
this is happening I will not make the sale.
4. I will not sell alcoholic beverages to obviously intoxicated
or otherwise disorderly individuals.
5. After viewing the training film, I have a complete understanding
of Texaco Inc. policies toward the sale of alcoholic beverages.
Employee's Signature
Date
Store Manager's Signature
Date
Trainer Signature
Date
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Attachment IT
Clerk's Affidavit
. Alcoholic neyerage Control (AilC) Laws
Part 1: REVIEW OF L.\WS (clerk must rea.dand wuierstand these laws)
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(1) Sales to Uoders~ Persons
,
You may not sell or give any alcoholic beverage to any person under the age of 21
years. You may not permit other.s to give alcoholic beverages to any underage person. If you
break this law, you may be arrested and charged v.ith a crime. If convicted, you may be
,fined a m.yjmum of $1,000 and/or ordered to do up to 32 hours of community service.
(2) Underaee Person! \Vho Purchase Alcoholic Bevers2e5
A customer under the age of 21 years may not buy alcoholic beverages. A customer
breaking this law may be arrested and charged with a crime. If convicted, the customer may
be fined a maximum of $1,000 and/or ordered to do up to 32 hours of community service.
In addition, the underage customer may have their driver's license taken away or delayed
for one year.
(3) Underaee Pel'1ions \\'ho Trv (0 Purchase Alcoholic Bevers2e5
_ ~ A customer under the age of 21 years may not try to buy alcoholic beverages. If a
customer breaks this law, they m<lY be cited and charged with a crime. The customer may
be fined up to $250 and/or ordered to do up to 36 hours of community service. In addition,
the underage --~tomer may have their driver's license taken away or delayed for one year.
(4) Checldne Identi"ficatlon n.D.)
... -
.... .
~-~: - -If you ask for and see, bona fide (legally acceptable) 1.0. before you sell an alcoholic
. _ be~rage to ~ customer, you can defend yourself against a charge of selling alcoholic
beverages to an underage person. An 1.0. is legally acceptable if it: - -
. Is issued by a govemmental agency (such as federal, state, county or city)
. Contains the /lame of the person
. Contains the date of birth of the person
. Contains a de,scriptioll of the person_
. Contains a photograph of the person
. Is currently valid (in other words, not expired)
'.
Specilied by i;ulc of California, ABC (10191)
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,.. Examples of legally acceptable LD.'s are:. a driver's license, state-issued 1.D. card,
Federal military I.D. card, U . . . ~ ~,. ,1 -. ~
i .,. ~ J
- --
Caution: The picture and physical description on the 1.D. must match the customer.
If the I.D. is altered or mutilated, it is not acceptable. You must check a CUSUJTMT's I.D. every
- time you seU a1colwli.c bO'erages to thaJ cust.omer. .
'.
Examples of unacceptable 1.D.'s are: temporary driver's licenses, non-photo driver'~
licenses, birth certificates and school or work LD. cards.
(5) Hour! or Sale
You may only sell alcoholic beverages .from 6 am. on one day until 2 am. on the
following day. If you break this law, you may be charged with a crime. If convicted, you
may be fined up to $1,000 and/or sent to county jail for up to six months. Caution: Some
stores must stop selling alcoholic beverages earlier than 2:00 am. because of locallav;s or
special conditions (restrictions) on the ABC license. You must obey any special conditions.
if your store's ABC license has them. Otherwise, the ABC license at your store may be
taken away.
f""
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(6)
Sales to Ob,;ouslv Tntnxicnted Persons
."
-.
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You may not sell or give any alcoholic beverage to any person who looks or acts
ill/oxicated (even if they are not driving). If you break this law, you may be arrested and
charged with a crime. If convicted, you may be fmed up to $1,000 and/or sent to county jail
. for up to six months. If you sell or give any alcoholic beverage to an underage, obviously
intoxicated person, you' may be sued by any person injured by the underage person.
(7)
ABC License Pri,;l~es
---.--.. -
.. -,..~ ,--':'you oryour'customers may not drink alcoholic beverages ill your store or on adjacel\t '.:
- property immediately oumde your store. This includes before, during or after your shift. All'
,alcoholic beverages you sell must be in sealed, unopened bottles, packages or containers.
You may Dot sell an alcoholic beverage to a person if you know thatthey are going to re-sell
..the alcoholic beverage to someone eIse. You may not sell more than 52 gallons of wine or
be~r to anyone customer at anyone time. If you break these laws, the ABC license at your
store may be taken away.
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SjlCcified by State of California, ABC (10m)
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Part 2: CLERK'S PRIOR VIOlATIONS (clerk must checkone)
I ha~', l'In'er bun convicted of violating any law in the Alcoholic Beverage Control Act
(such as selling an alcoholic beverage to an underage or obviously intoxicated
- person).
I haye bem convicted of violating a law (or laws) in the California Alcoholic Beverage
Control Act (such as selling an alcoholic beverage to an underage or obviously
intoxicated person). [If you checked 1.lili box, please explain in full what happened.
_ _ Use the space below or a separate sheet of paper, if necessary.] .
. .
.(
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_ . Part 3: DECL-illATION UNDER PE:-.1ALTY OF PERJURY (clerk mast complete t!tis
_ ___ section)
I'have r~ad and understand this affidavit I swear that all statements I have made
in this affid"vit are true. I swear that I signed this affidavit, on the date stated, under
:-"penaltyof perjury". I'understand that if I did not tell the truth in this affidavit, I may be
found guilty of the crime of lying.
-.
Date
.-...-
Signature of Oerk
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Name of Clerk (printed) .
-. -.
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Home Address
Work Telephone
it)
Home Telephone
Specified by SLale of California. ABC (10191)
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AtuuhmenJ III
Part 4: ACKNOWLEDGMENT OF LICENSEE (empwyer must complete this section)
I have reviewed the attached "Clerk's Affidavit" with the person who signed it. I
will keep a signed copy of the "Clerk's Affidavit" at: (show address where "Clerks
Affidavit" will
be kept):
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I understand if I do not have a signed "Clerk's Affidavit" for every person who sells
alcoholic beverages in my store, the ABC may discipline my license.
, -\S-9~
Date
natur~ of Licensee (or Licensee's Agent)
~~
ABC License Number
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Specified b)' Slate of California, ABC (10/91)
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Te>:aco
CHOOSE CHOOSES TRISH PALAZZO
Citizens Helping Oceanside Obtain a Sober Envirornment has
picked our Food Mart Manager, Trish Palazzo, as their
contributor of the month. Trish and the store received
recognition at a luncheon on April 22, 1992 plus a nice
trophy. Word has it Trish and her crew 10ed an off duty
police officer. No 10, No beer! Policeman went home to
get his 10. Choose now has an interest in the quality of
our TAM classes.
Congratulations to Trish and her Team at Oceanside.
.
. Hicks
WTH/dc
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purpose
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CHOOSE Is a community-based prevention
program dedicated to reducing alcohol
and other drug problems In Oceanside.
CHOOSE prevention strategies are designed
to address these problems at multi-levels,
Including the Indlvldual,group, organization,
community and environmental.
CHOOSE has established a communlty-wlde
coalition of key agencies, programs and
organizations to fulfill Its mission .Through
this collaborative approach, CHOOSE Is
striving to create changes In systems,
social contexts and settings Intended to
promote the adoption of health enhancing
behavior, the reduction of health com-
promising behavior and the maintenance
of safe and healthy environments.
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1'.J4.030 ,.~, :ad-inl~..AMi .... 8Udaarizad wiIbout puhlX beariDa.
The Zonln, Adminislntor uauthorized to consider and to approve, cliJapprove or modify applications
011 the foUowin,lIIbjecu, ancllor iIIIIe the foUowina required permits without Mttina the matter for a public
burin,:
A. Conditional lISt permit: The Zonln, Adminislntor shall be empowtI'td to usue conditional use
permits, u defined htl'tin, in the foUowin, circumstances:
1. Whtl't the use to be permitted does not involve the construction of a lIew buildinl or other .
A1bstantia1 structural improvements on the propeny in question. .
2. WhfTt the use requirinJ the permit would inake use of an existin, bl.llJdin, and does not involve
IIIbstantial remodelin, thereof.
3. For sipu, U defined hfl'fin, and temporary lnct houses, U limited herein.
... The Zonln, Adminislntor is authorized to consider and to approve, deny, or modify applications
for conditional use permits for camivals and circuses. The Zoninl Adminislntor shall Jet the
matter for public hurin, in the manner provided herein.
S. Churches.
6. Establishments that include the sale of alcoholic bevera,es for olr.site use or consumption,
loca~d in the C.N zone. The Zonin, Adminislntor shall hold a public hurin, in accordance
with Sections 19.14.060-19.14.090 upon livinl notice thereof in accordance with Sections
19.12.070-19.12.080. A conditional use permit shall not be &ranted unless the Zoning
Administrator or other issWnI authority finds in his or her sole discretion, and based on
substantial evidence in view of the entire record, that all of the facts required by Section
19.14.080 ewt, and thatapprova1 of the permit will not result in an overconcenlntion of such
facilities. Overconcenlntion may be found to exist based on (1) the number and location of
existing facilities; (2) compliance with State Alcohol Beverage Control overconcentration
standards in effect at the time of project consideration; (3) the impact of the proposed facility on
crime; and (4) the impact of the proposed facility on traffic volume and traffic flow. The Police
Department or other appropriate City departments may provide evidence at the hearing. A permit
to operate may be resaicted by any reuonable conditions including butllot limited to limitations
on hoW'J of operation.
The City Council shall be lnfOl1Ded of the decision on each such permit by the City Clerk when
the decision is filed in accordance with Section 19.14.090. The decision of the Zonlng
Adminislntor may be appealed.
Such appeal shall be directed to the City Council, rather than the Plannln, Commission, and must
be filed within ten (10) days after the decision is filed with the City C1erit, as provided in Section
19.14.100. If appealed within the time limit, said appeal shall be considered in a public hearing
conducted by the City Council, in the same manner as other appeals pW'Juant to Sections
19.14.120 and 19.14.130, ucept that the Council must malte the same written findings required
of the Zonin, Adminislntor herein, in order to snnt the permiL
.
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(R 9/92)
-
THE CIn ....IF ClIUL4 VISTA PARn'DISCLOSUkE STATEMENT
.
St:Jtement of disclosure of certain ownership interests. paymcnts. or c:.Imp:lign contributions, on all m:l1ters
whidl will require discretionary action on the P:IT!- oj the City Council. Planning Commission. and allo'
llfli...i:t1 h,'dies. The following information must be disdosed:
1. List the names of all persons h<lving a financial interesl in the contract. i.e., coTltractur,
subcontractor. material supplicr.
TVy.r.O RFFTNTNr. & MARKETING. INC.
If any person jdentified flursuant to (1) aho\'e is a cnrporatil", "r partncrship. list the namcs 01':.111
Indi\'iduals owning more than lO<:;- of the slwrt's in the corporatjon or owning ,my partnership
interesl in the partnership. ,
NO ~FR~ON OWN~ MORF THAN 10% OF SHARES
:<. If :lnY person identified pursuant to (1) ahove is non-profit organization or a trust. list the names
of any person sen'ing as director of the non.profit organizatlnn or as trustee or beneficiary or
trustor of the trust. .
).1'".,.. !.'DPT TrliRT P
4,
Ha\'e you h:ld more than 5250 worth of husiness transacted with any member of the City sla..,
Boards. Commissions, Committees and Council within the past twelve months? Yes
\'0 -lL If yes. pkase indic'lle person(s):
"
Plc,lse identil\ 1::lch and c"':ry person. including any agents. employees. consultants or il1lkpend~lIl
L'Onlr:lctors who you h,I\'e assigned to n:pre'ent you hefore the City in Ihis matter.
FRED FIEDLER & ASSOCIATES GARY ENGINEERING, INC.
2322 WEST THIRD STREET 4901 MORENA BLVD. SUITE 304
LOS ANGELES. CA 90057 (213) 381-7891 SAN DIEGO. CA 92117 (619) 483-0620
ATT'N. : MR. PATRICK FIEDLER ATT'N. : MR. ROBERT G. FAUDOA JR.
Have you and/or your officers or agents, in the aggregate, contributed more than S 1.000 tll it
ClluncillT1ember in the current or preceding election period'! Yes _ No -.!. If yes, stall' which
COtlncilmember(s):
r"
Pl'I'-\llJ i'l <.Idinl..'u ,1.<;: :4'I1Y indJI'idul,'.[irm. fO-l'arlllt'rslllj'.jcJillll'(,Jllllrl', WJ.WrillflO/I, JvdlJ! duh.frntC'I'Iwl nrgnlli;'fl/iml. for/wrtltioll,
('~/Io'I,'. Im,\I. /('(f'hn', YYfU.'JL:alt'. 1111.\ {<llel tlllY otl1a (ou11Iy. (ity ,ilia (,OIll/11'Y. (jl.'~ IIJlJlIiClj'(jIi~r, '[i~/riCl or otll('/" /,olitical suhtill"i\iol1.
fir ,;I.'! 0;/:1'" group or COmhUltllioll tlc/Jn~ ,r~ tll/nil."
I \OTE: \ I I
r liar 1 .ah il idll:d p;I~I..'~ as Ill'\.'C''';Irq
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Signal UI"t' Ill' cllntractor/a pplil'anl
ROBERT G. FAUDOA JR. PROJECT MANAGER
GARY ENGINEERING, INC. 4901 MORENA BLVD. 1304
Prillt Ilr tYpt' n:ll111: Ill' ""l'tr:lc!l'r;:ll1plicalll In ./
SAN DIEGO, CA 92117 (619) 483-0620 ;11"''''.1 "f/ 'l!i'
D,Ile': March 14. 1991
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