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HomeMy WebLinkAboutPlanning Comm Rpts./1995/06/14 (9) PLANNING COMMISSION AGENDA STATEMENT Item -A... Meeting Date 6/14/95 ITEM TITLE: Public Hearing: PCM-95-14; Request to operate a gasoline station 24 hours a day at 1498 Melrose Avenue in the CoN Neighborhood Commercial zone - Texaco Refining and Marketing, Inc. The request is for approval to operate a service station (gasoline sales only), for 24-hours a day at 1498 Melrose Avenue in the CN Neighborhood Commercial zone. The C-N zone limits business hours to between 7:00 a.m. and 11:00 p.m. unless extended hours are specifically approved by the Planning Commission. The Environmental Review Coordinator has determined that this project is exempt from environmental review as a "General Rule" exemption under the California Environmental Quality Act (CEQA). RECOMMENDATION: That the Planning Commission adopt Resolution PCM-95-14 approving 24-hour operations for the service station located at 1498 Melrose Avenue within the CoN zone. DISCUSSION: Site Characteristics The project site consists of a gasoline service station on .92 acres at the northwest corner of Melrose and Orange Avenues. Two gasoline islands are located on the southerly portion of the property adjacent to Orange Avenue, and a single gasoline island is located on the easterly portion of the site adjacent to Melrose A venue. The existing building includes three automotive service bays, and sundry snack items are sold within the cashier office area. Zoning and Land Use North - South - East - West - CON R-I C-N C-N Commercial Center Single family dwellings Commercial Commercial Center The site is bounded directly to the north and west by a commercial center, and commercial uses are also located to the east across Melrose Avenue. There are no homes directly abutting the site, but single family dwellings are located to the south and southeast across Orange Avenue, and single family homes also overlook the site from above and behind the Melrose commercial frontage to the east. Page 2, Item --L Meeting Date 6/14/95 Proposal The proposal is to conduct gasoline sales on a 24-hour basis. The cashier office is locked after 10:00 p.m. and while snack items could be purchased, all transactions take place through a cash pass-through drawer. In their application, Texaco states that the request for extended hours is in order to offer a better service for both local residents and freeway travelers. It should be noted that the station has apparently been operating on a 24-hour basis for quite some time. This application has been prompted by a complaint from a resident of the neighborhood to the east. ANALYSIS: There appears to be a trend toward gas station operations on a 24-hour basis. This is apparently profitable to the operator, and also provides a convenience to the consumer. It is also understandable that gasoline stations within the C-N zone may desire to compete with nearby facilities not in the same zone and thus not subject to the same restricted hours. The question, however, is whether or not these 24-hour operations are detrimental to the surrounding residential neighborhoods typically found adjacent to C-N zones. In this instance, potential impacts could include the noise associated with customers filling their vehicles with gasoline (doors opening and closing, operation of the pumps and the clanking of metal against metal, and perhaps loud conversation), as well as the visual impact from the site remaining lighted throughout the night. It also could include additional traffic if it is assumed that trips are generated that would not otherwise be using these streets. With respect to traffic and activity impacts, the manager of the station reports that maximum sales between the hours of 10:00 p.m. and 6:00 a.m. is approximately $500.00 which would equate to about 30-40 customers. More typical would be sales of around $300.00 which would equate to approximately 20-25 customers, according to the manager. An additional factor is the Police Department's position (see attached memo) that 24-hour operations heighten the probability of increased criminal opportunities. According to Texaco, employees currently undergo extensive security training in which they are taught techniques on observation, communication with law enforcement personnel, securing evidence, etc. Nevertheless, the Police Department has recommended additional security measures, including training, upgraded perimeter lighting, and security cameras. With these measures, the Police Department does not object to the extended hours. Based on the reported activity levels, staff does not believe the impacts from such an operation should be significant, although a service station is an "open" use and certainly even modest Page 3, Item ~ Meeting Date 6/14/95 activity could represent a disturbance to adjoining neighbors; the potential for such disturbance is the reason limited hours have been incorporated into the CoN zone. Also, residents in this neighborhood have historically objected to new operations which they believe will increase criminal opportunities, as they did in response to a previous application for alcohol sales on this site. It is possible that they may also have reservations about this request due to concerns with late-night operations. Conclusion In applications of this type, staff believes the degree of concern on the part of the neighbors must be given considerable weight. Although staff has prepared a resolution of approval based upon our assessment of the convenience offered by a 24-hour operation versus the expected activity levels and potential impacts, we further recommend that if public testimony shows more than modest or isolated concern on the part of the neighbors, any issues raised by residents should be given due weight in the ultimate decision and/or conditions of approval. Attachments 1. Resolution PCM-95-14 2. Locator and Site Plan 3. Memo from Police Department 4. Disclosure Statement (m:\home\planning\pauy\pcm9514.pc) PLANNING COMMISSION RESOLUTION RESOLUTION NO. PCM-95-14 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING 24-HOUR OPERATIONS FOR A GASOLINE SERVICE STATION LOCATED AT 1498 MELROSE AVENUE WITHIN THE CoN NEIGHBORHOOD COMMERCIAL ZONE WHEREAS, a duly verified application was filed with the City of Chula Vista Planning Department on April 24, 1995 by Texaco Refining & Marketing, Inc., and; WHEREAS, said application requests approval to conduct business operations on a 24- hour basis at 1498 Melrose Avenue within the C-N Neighborhood Commercial zone, and; WHEREAS, in accordance with CVMC Section 19.34.170, business hours in the CoN zone are limited to between 7:00 a.m. and 11:00 p.m. unless extended hours are specifically approved by the Planning Commission, and; WHEREAS, the Planning Director set the time and place for a hearing on said application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing, and; WHEREAS, the hearing was held at the time and place as advertised, namely June 14, 1995 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE BE IT RESOLVED THAT THE PLANNING COMMISSION DOES hereby find, determine, resolve, and order as follows: I. Findings. The Planning Commission hereby finds that the extended 24-hour operations will provide a convenience to surrounding residents, that the night time activity levels are not expected to result in a disturbance to neighboring homes, and that public comment and testimony at the hearing did not indicate a general concern with the proposal to extend the business hours. II. Conditional Grant of Permit; Conditions. The Planning Commission hereby grants approval of this request subject to the following conditions whereby: A. Authorization for the 24-hour operations shall apply only to gasoline and snack shop sales. It shall not apply to any automotive services, which shall be restricted to the hours between 7:00 a.m. and 11:00 p.m., nor shall it apply to any future expansion of operations which shall require separate consideration of hours of operation. B. The applicant shall confer with and comply with all of the requirements of the Chula Vista Police Department as referenced in Attachment "A", and shall submit evidence of such compliance within 30 days of the approval of this resolution, or said resolution shall be deemed void and ineffective. III. Additional Terms and Provisions of Grant. A. Post-Approval Conditions. This approval shall be subject to any and all new, modified, or deleted conditions imposed after adoption of this resolution to advance a legitimate governmental interest related to health, safety or welfare which City shall impose after advance written notice to the grantee and after the City has given to the grantee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Grantee of a substantial revenue source which the Grantee can not, in the nonnal operation of the approval granted, be expected to economically recover. B. Time to Commence Use. This approval shall become void and ineffective if not utilized within one year from the effective date thereof. C. A copy of this resolution shall be recorded against the property of applicant, known as 1498 Melrose Avenue. IV. A copy of this resolution shall be transmitted to the applicant. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 14th day of June 1995 by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: William C. Tuchscher II, Chair Nancy Ripley, Secretary ATTACHMENT "A" CHULA VISTA POUCE DEPARTMENT CRIME PREVENTION UNIT . -:.-! PLAN REVIEW RECOMMENDATIONS /:. '( ,. '99'" ''''. l J, J , - DAlE: 5" / B / 9~ Q . TO: 'PA-lft./ N ~I /'J ':;, I TI ILy\ y\ 1 Y\~ VIA~ ~r. Wi"AA..f!A"~. ::L.1...e-'S n 6 ~TOT-N' FROM: M.1 id I ~ s d ^' cLi>, S C- f- -5 PROJECT: "p C!.- iV\ ; s c. or s - , 'f T ..e.1C.A- U> z-f: f...... OfoWtt-i:,.0 Following are recommendations to insure proper utilization of security hardware/alarms and lighting/landscapfug to reduce criminal activity. The intent is to heighten crime prevention awareness through the concept of "defensible space" and environmental design. ACCESS CONTROL ~ Upgrading perimeter security ~ Steel door frames _Solid core doors Deadbolts. f1ushbolts. and electronic locks Astragals Glass Window security Exterior Security hardware Fencing and gates _Sliding glass door(s) Glazing \,/"" Security system(s); cameras and special applications _ Se..C!..~.... rV SUR VEIT.LANCE/!)ElECTION )<J Upgrading lighting r, i P<1 ",,.,.,',,.J _ , /' High pressure sodium ----,.Low pressure sodium Metal Halides ~Break resistant/tamper proof fixtures V Transitional lighting ~Minimum pole height (IS feet) Placement L Landscape application Trees/shrubbery; maintained Placement _ Exterior view fencing Wrought iron .&. Security alarm systems Perimeter Burglary/Intrusion ~Graffjti deterrent ~Visibility factors _ Tubular steel O1ain link ~ObberylHOld Up I~"I~L\~ 11'.!"d- _Motion detection Page I of 2 CPTED RoIIIiDa Form PD/Of" 06,193 CHULA VISTA POLICE DEPA."MENT CRIME PREVENTION UNIT PLAN REVIEW RECOMMENDATIONS r POLICE RESPONSE *' - Addressing _ Access to property ~Visibility; allowing patrol officers to monitor activity ~Reporting procedures _ Knox Box POLICE SERVICES ~ ~ining ':of management and employees in security procedures and crime prevention awareness . Security survey perfonned by the Crime Prevention Unit LOCATOR AND SITE PLAN "t tj \c1 \-i V>. ~ ~ I z o en o ~ :> z > CIC .. :t: ~o~~ CHULA VISTA PLANNING DEPARTMENT LOCATOR ~RI~, TEXACO 24 - HOURS GAS STATION C) .t.t~~, 1498 Melrose Avenue Request: To operate 24 . hours in the C-N zone. SCALE, FILE NUMBER, NORTH 400' PCM- 95 -14 .""""'~'......... .--.--- .""""'.......... -~ - ~- ~ - ~ -3-1.- -10<- - -;;c -8-Q-/;-1-;;..1'j- _ _ _ __ ~J$ i I ..:~, -, o , , II ! I , I i. I i 1 0.1 , : I' ii " I ! o .I! I' I I iill I 'I il :,1 I I~' I I. : "1 ili II i ~i~ i I i II ! il! H !! !: f!! :! ~: : i !I II!! i!11 !! E E I ' '-"III!! 11::1' .: ! I III J I: 'II hl.! , ..; . ." 'II III r;:: .' .......""............"wt.4roQ ..1...~~ ,~. '" ...~ -.~ ,~. .............. d .. Ii ! ~8 as ~B " II H " ili " Ii " 1111 i! ,I !. I!!! II I~ II I!mi ~!I ,1.1 . I'i li,!1 ~I~I ,Iii ---- -.- --....... ,~, '....~ -- ,- ......... "'-"':::'J --t:------____ ,'_-_-_ _ _:' ____________ ",,_ .........--.-...'11 I / I~,' I I I '--____ I '" w :i '" Ol'!! "" -0 Zz ~~ ~,o ...... ...- ~~" '~"'O :r " 3 o "" I" 1-3 ~'" ",ol .." :rn l >- I~ ILZ ~j IL.._ --5~ "7 ~j ,,~ "'- I I I! I '-1'1 ! I I I . I I I I : I I I , I I I I I I I . .!; i ill II!; .. ~~~ 1- Li ~: ij~~ Ii !a; t e 1!!13 ~~I!!I "liil!l: '11"1' " 'I' III,',. "II!'!! I, lI,n!li I 1'1 .. 'I,r "I I '1',:!I,'j !"" "'" i! j j 1",11.. II . I ,- ,- , . I i I, ihi! \ \ \ \ I I I I I 'i' , I ~ * i ~ " ; ~ , I , I I , I I I , I MEMO FROM POLICE DEPT. / -':HULA VISTA POLICE DEPAR'uvlENT CRIME PREVENTION UNIT I . ; J 1995 PLAN REVIEW RECOMMENDATIONS DATE: 5 / B / q.::> /.-J. ' TO: 1/l+rr'l NevttJ~ I TltLhhlYl<;1 VIA~ c../L.f-'T. WiY-h..e..r.s., X-r1 "",'!; II 6 I"rTfhV.. FROM: M:J '8 r~s J PC J" f oS C' LS PROJECT: -p Cl. '1,; 5 c. q 5 - I 'f T..e1<...p<C-.D zt-f. M. Or'<-v,?- it".J Following are recommendations to insure proper utilization of security hardware/alarms and lighting/landscaplng to reduce criminal activity. The intent is to heighten crime prevention awareness through the concept of "defensible space" and environmental design. ACCESS CONlROL ~ Upgrading perimeter security Doors Steel door frames _Solid core doors Deadbolts, fIushbolts, and electronic locks _Astragals Glass _ Window security Exterior Security hardware Fendng and gates _Sliding glass door(s) V Security system(s); cameras and special applications ~ Glazing se.c.. S'u "'Vo- SUR VEILLANCEffiETECTION ...,&.. Upgrading lighting f, I fJ< I ~T1'!\ ~ ,/ High pressure sodium _Low pressure sodium Metal Halides .....--- Break resistantitamper proof fixtures V Transitional lighting ~Minimum pole height (15 feet) Placement L Landscape application Trees/shrubbery; maintained Placement _ Exterior view fencing Wrought iron .& Security alann systems Perimeter Burglary /Intrusion ~ Graffiti deterrent ~Visibility factors _ Tubular steel _Motion detection _ OJain link ~ObberylHOld Up 'T~"I"-.L\- r/';I,d Page I of 2 CP1ED Routing Form PDt"!" 06/93 ."../ / CHULA VISTA POLICE DEPARu\1ENT CRIME PREVENTION UNIT PLAN REVIEW RECOMMENDATIONS POLICE RESPONSE *" - Addressing _ Access to property ~Visibility; allowing patrol officers to monitor activity ~ Reporting procedures _ Knox Box POLICE SERVICES ~ VTraining ':of management and employees in security procedures and crime prevention awareness ~ecurity survey perfonned by the Crime Prevention Unit SPECIFIC RECOMMENDATIONS AND COMMENTS: ~ ~.s, ~ B"" $-€-d o-r... '4--k 1<-.€-8~-t.-to~)l. d If 0 icA Y'-U-h '""to ~ S 'l ~ I ~ i!/'.Li^ ~ cL "'-D-~ ~ ~ ..L .:;F [ . I " c, (j)r 0 C!JLcLu. rL$ . ~e.w 0JM.f G-Lf <-L ~fA-II-\' 1'\ 6 ~Y' '- 1M e/r '6.vh d ~ \\' S.el~- [' U&.e.8. ~ €S 1J+f"'.J!,.A( S ~r.d:- (,).-t'\.l C; ~VV-L US" 1f\.Q..) . \- ) bYv \ ~ L..\-t~ ~ I'\.D. ~ s.. ;, I <:-: +-~ cl- tv\.A.X + , . 2.t.f.)lh.... ~-eA'i/\--+~ ~C\~s 4-0 'lYr'V ~Jo-- !;J \" b=; ~ ~ . ~" . _ nU \ ~\ \ Y\ U\JL",-~ ~\' \. yY'--lY'....CM( ~ D)~V\Jyv:..::t~..L-:-, ~cuJuk 0:1^_d.. R ~~ l ~J U" 0 ~, ~ Y L U) VJt\tr\U\ ckl .Jr~L- ~FV\ tcrr ~\-L ~;(~ -a. ~wcAfL \ Y 1?1f) , c1IO ~lfj{ ~~.Q OLt\J 1 ~ <; -n &#5 , t\~_~ F t~ -U UH~ '\IY\.Q.... bJU Vil ~ S-( 2-7" cc: Brookover, SCA CPTED Routing Form PD/cpu 061'J3 DISCLOSURE ST A TEMENT 11-lE CITY OF CHULA VISTA DISCLOSURE STATEMENT You are required to file a Slalement of Di5c1osure of certain owne"hip or financial iOlercsts, payments, or campaign conlrihullons, on all mailers which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodics. The following information must be disclosed: \. LiS! the names of all persons having a financial interest in the property which is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, malerial supplier. TEXACO REFINING & MARKETING, INC. 9966 San Diego Mission Road San Diego, CA. 92108 Att'n: Clyde Williams; 619/283-7376 2. If any pe"on' idenlified 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 partne"hip intercst in the partnership. none 3. If any pe"on' idenlified pursuant to (1) above is non.profit organization or a trust, lisl the names of any pe"on serving as director of the non'profit organization or as trustee or benenciary or trustor of the trust. none 4. Have you had more Ihan $250 worth of business transacted with any member of the Cily staff, Boards, Commissions, Commiltees, and Council wilhin Ihe past Iwelve months? Yes_ No~ If yes. please indicate pe"on(s): 5. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned 10 represent you before the City in Ihis mailer. Clyde Williams / Dave Mattson TEXACO REFINING & MARKETING, INC. QQ~~ ~aR 1,)iege HiesieR Reaa San Diego, CA. 92108 Philip Schanberger GARY ENGINEERING, INC. 4901 Morena Blvd., Ste. 304 San Diego, CA. 92117 6. Phone # 619/283-7376 Phone # 619/483-0620 Have you and/or your officers or agents, in the aggriiate, contributed more than $1,000 to a Councilmember in the currenl or preceding elcction period? Yes_ No_ If yes, state which Councilmember(s): · · · (NOTE: Attach additioaal pa~ u ~~ · · · .gnature or contractor! lieant Date: April 24, 1995 Philip Schanberger c/o Garv En2ineerin~ Print or type name or contractor/applicant . ~ is tkfi'tcd as: "Any iJldividuQ~ finn, co-partnership, jow venlW't, associalion, soci41 club, fralmw/ orgaJtiuliofl, CorporaJiOlI, uuue, InLa, feCeiwr, IyNlicGU, Ihis muJ QJry olher cowll)', cily iJlW country, ciry municipality, di.rrric~ or other political subdi,'isiml. or QI'Y other 6'fJUP or combiMlion <<ling 1/11 II waiL"