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Home My WebLink AboutPlanning Comm Rpts./1995/07/26 (4) PLANNING COMMISSION AGENDA STATEMENT Item ...l.. Meeting Date 7126195 ITEM TITLE: Public Hearing (Continued): PCM-95-14; Request to operate a gasoline station 24 hours a day at 1498 Melrose Avenue in the C-N 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. This item was originally considered by the Planning Commission at its June 14, 1995 meeting, at which time the Commission continued the item and asked staff to coordinate this application with other pending applications or code enforcement efforts involving 24-hour operations in the immediate area. 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 attached Resolution PCM-95- 14, approving 24-hour operations for the service station located at 1498 Melrose Avenue, based on the findings and subject to the conditions contained therein. DISCUSSION: Site Characteristics The project site consists of a gasoline service station on .92 acres located at the northwest corner of Melrose and Orange Avenues. Two gasoline islands are located on the southerly portion of the property adjacent to Orange Avenue, and a single gasoline island is located on the easterly portion of the site adjacent to Melrose Avenue. The existing building includes three automotive service bays, and a cashier office area which includes the sale of sundry snack items. Zoning and Land Use North - South - East - West - C-N R-1 C-N C-N Commercial Center Single family dwellings Commercial Commercial Center Page 2, Item ~ Meeting Date 7/26/95 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. 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. This application was been prompted by a complaint from a resident of the neighborhood to the east, advising that the Texaco station had been operating on a 24-hour basis for quite some time (approximately four years). Texaco states that they have since ceased to operate on a 24-hour basis, and all signs advertising such hours have been removed. Prior Public Hearing At the meeting of June 14. the Commission received one letter, a petition with 16 signatures representing 12 properties, and public testimony from three speakers opposed to the request (please see attached correspondence and minutes). The primary concerns were with additional traffic, and noise from traffic and operations; not only with this request, but also with the cumulative impact of potentially two additional 24-hour uses in the immediate area -- the Unocal gas station and the 7/11 convenience store. As a result of these concerns, particularly the issue of cumulative impact, the Commission continued the item and asked staff to coordinate this request with any other uses that would be requesting approval of extended hours. Accordingly, staff has brought forward the Unocal request for consideration at this meeting (see following item on the agenda). It has been determined, however, that the 7/11 store -- the only other 24-hour use in the immediate area -- has been operating 24-hours a day since prior to the adoption of the present limitations in 1969, and therefore can continue to operate as a legal nonconforming "grandfathered" 24-hour a day operation. Neighborhood Meeting Also, on Thursday, July 6, Texaco and Unocal held a joint meeting with the neighbors at Lorna Verde Recreation Center; notices regarding the meeting were sent by the respective companies to property owners and residents within a 500' radius of their respective sites (using City mailing lists). A total of five people attended the meeting: four people in response to the notice(s), and Page 3, Item ~ Meeting Date 7/26/95 one of whom did not receive a notice but was already at the recreation center, lived in the area, and was interested. At that meeting, Mr. Carl Fletcher of 262 Sandstone stated that as the Neighborhood Watch block captain, he was attending in order to represent the concern of the neighbors with lighting and traffic. Mr. Fletcher further stated however that the concerns were not his, and that he personally did not object to the 24-hour operations. The other four people in attendance, upon being questioned, also stated that they did not object to the requests for 24-hour operations by either applicant. Letter and Petition from Applicant In a letter submitted to the Planning Department, Texaco has proposed taking the following steps in order to address concerns expressed regarding 24-hour operations at its site (please see letter attached as Exhibit "A"): . Crime prevention training for employees to address crime/security concerns . Participation in Neighborhood Watch and Business Alert programs to address crime/security concerns . Modificationlreplacement of on-site lighting to eliminate any off-site lighting impacts Additionally, Texaco has collected signatures from customers (in excess of 500 from both within and outside of the neighborhood) indicating their support for the 24-hour operations (see attached petition, Exhibit "B"). ANALYSIS: According to the applicant, 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. The applicant has noted that customers who desire to, but cannot obtain gasoline late at night or in the early morning will take all of their business to a station that can accommodate them at any hour. The question remains, however, 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 noise 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 impacts from the site remaining illuminated throughout the night. It also could include additional traffic and traffic noise if it is assumed that trips are generated that would not otherwise be us ing these streets. Page 4. Item ~ Meeting Date 7126195 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. amounts to approximately $500, which equates to about 30-40 customers. More typical would be sales of around $300, which equates to approximately 20-25 customers, according to the manager. At worst case, this represents less than 2 % of the 2,139 trips through the intersection during these same hours as last calculated by the City Traffic Engineer in 1993. It can also be assumed that a significant number of the trips reported by the gas station are "passer-by" rather than "destination" trips, i.e., those using the station are already passing by the site. With regard to the visual impact of the site remaining illuminated throughout the night, staff visited the station at night and determined that several of the light fixtures, particularly those illuminating the gas islands, were not adequately shielded and thereby cast a glare onto surrounding areas. This is a violation of the City's performance standards and, as noted above, Texaco has committed to correcting the problem. It is difficult to judge the potential impact of traffic noise or noise associated with on site operations. The noise from normal overnight traffic far exceeds that which could be attributed to the station. Activity levels are moderate and thus these should generally not represent a significant disturbance. Although an occasional loud noise could also occur, this has not been specifically raised as an issue by the neighbors. It should be noted that with respect to the City performance standards these issues are dealt with in a special manner. Traffic noise is exempt from the performance standards since it is considered ambient noise, and periodic loud noises such as clanking of a pump or loud conversation might be considered "nuisance" rather than "environmental" noises and would be enforced through the Police Department rather than by Code Enforcement. An additional consideration is the Police Department's position that 24-hour operations heighten the probability of increased criminal opportunities (see attached memo). 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. Texaco has agreed to implement the recommendations of the Police Department and has proposed to participate in the Neighborhood Watch and Business Alert programs. With these measures, the Police Department does not object to the extended hours, and in fact has noted that while 24-hour operations increase criminal opportunities, they also provide a human presence on-site that results in an additional set of eyes and ears for the area in general. Note: Texaco reports that since their hours of operation were curtailed, they have been "tagged" with graffiti on the side of their building after hours. Page 5, Item---1- Meeting Date 7126195 Based on the reported activity levels and the commitment to correct the lighting, 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 activity levels could represent a disturbance to adjoining neighbors. The potential for such disturbance is the reason limited hours have been incorporated into the C-N zone. Conclusion In applications of this type, staff believes the degree of concern on the part of the neighbors must be given considerable weight. In this case, public input is apparently divided, with some residents voicing opposition, while others are not opposed or are in support of extended hours. Based upon our assessment of activity levels and potential impacts, the input from the public and Police Department, and Texaco's apparent willingness to work with the City and the neighborhood to minimize any potential disturbance, we are recommending approval subject to the conditions noted in Resolution PCM-95-14. One of the conditions limits the term of the permit to one year subject to review and extension by the Zoning Administrator with notice to the neighborhood. If it is found at that time that the operation represents a concern to of the neighbors, the request for extension would be forwarded to the Commission for action. Attachments 1. Resolution PCM-95-14 2. Locator and Site Plan 3. Memo from Police Department 4. Planning Commission Minutes, meeting of June 14, 1995 5. Written public response presented at meeting June 14, 1995 6. Exhibit "A" - Letter from applicant 7. Exhibit "B" - Petition from applicant 8. Disclosure Statement (m:\home\planlling\patty\pl.'tn9514.rcp) RESOLUTION PCM-95-14 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 C-N 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 C-N 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 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), 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 continued to a date uncertain, and; WHEREAS, the Planning Director set the time and place for the continued 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 continued hearing was held at the time and place as advertised, namely July 26, 1995 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was 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 and the night time activity levels are not expected to result in a disturbance to neighboring homes. 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", incorporated herein by this reference, 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. C. The applicant shall comply with City performance standards and ensure that the lighting on the premises does not impact off-site areas. Applicant shall submit for City approval a plan to modify on site lighting to meet the City's lighting performance standards and the lighting requirements set forth in Attachment A. D. This approval shall expire on July 26, 1996, and thereafter, the Applicant will no longer be allowed to continue its 24 hour operations, as herein permitted, after this date. Applicant understands that the duration of this approval may not provide the Applicant with an opportunity to receive a reasonable return on any investment incurred as a result of the terms and conditions of this decision. Applicant acknowledges its understanding that any such investment will be made at the Applicant's risk. That notwithstanding, the Zoning Administrator may grant an extension of the term of this approval, on such conditions as he/she deem just, upon proof being supplied to the Zoning Administrator that the health, safety and welfare of the neighborhood is not adversely impacted by the 24 hour operation of the premises. Applicant must apply for the extension prior to the expiration date. The Zoning Administrators decision may be appealed to the Planning Commission in accordance with Municipal Code Section 19.14.100. III. Additional Terms and Provisions of Grant. A. Post-Approval Conditions. This approval shall be subject to any and all new, modified, or deleted conditions imposed after adoption of this resolution to advance a legitimate governmental interest related to health, safety or welfare which City shall impose after advance written notice to the grantee and after the City has given to the grantee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Grantee of a substantial revenue source which the Grantee can not, in the normal operation of the approval granted, be expected to economically recover. B. Time to Commence Use. This approval shall become void and ineffective if not utilized within one year from the effective date thereof. C. A copy of this resolution shall be recorded against the property of applicant, known as 1498 Melrose Avenue. D. Any violation of the terms or conditions of this permit shall be grounds for revocation or modification of the permit. IV. A copy of this resolution shall be transmitted to the applicant. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 26th day of July by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: William C. Tuchscher II, Chair Nancy Ripley, Secretary / ATTACHMENT "A" __ ~HULA VISTA POLICE DEPAf, 1ENT CRIME PREVENTION UNIT _.,~ . PLAN REVIEW RECOMMENDATIONS r!;,~ I U J 1995 , - DATE: .5 / B / 90 rC) . TO: 1J1}!T<-/ tJ evl N ~; T/ILVI VI 1 V\qj . VIA~ ~r, WiY-A.€_F-3, :IT1"~'!; ,t 6 J4.T{t>-~.. FROM: M3 8 I ~ s d ^' cLp, oS C'. f .s PROJECT: ? C!.- fv\ ; s ~ '1 5 - I <I- T~A- C-D 2"" J-v.... Df-l.v'?-'it,..J Following arerecomrnendations to insure proper utilization of security hardware/alarms and lighting/landscaping 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 Doors Steel door frames _Solid core doors Deadbolts. flushbolts. and electtonic locks Astragals Glass _ Window security Exterior Security hardware Fencing and gates _Sliding glass door(s) V Security system(s); cameras and special applications ~ Glazing se.C!.. S"u "YO . SURVEILLANCEIDETECTION ....,L2. Upgrading lighting tV! 1'\ IIV "1/',', ....., , / High pressure sodium _Low pressure sodium Metal Halides L/" Break resistant/tamper proof fixtures V Transitional lighting ~Minimum pole height (15 feet) Placement L Landscape application Trees/shrubbery; maintained Placement _ Exterior view fencing . Wrought iron xJ Security alarm systems Perimeter Burglary !Intrusion ~Graffiti deterrent ~Visibility factors _ Tubular steel - Clain link _Motion detection ~ObberylHOld Up '~I'\I~d- I/,:\~ Page I of 2 CPlED Routing Form PD/cpu 06J'J3 ~ / / / ~ ~ CHULA VISTA POLICE DEPAkd\ZffiNT 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 ~ V Training:of management and employees in security procedures and crime prevention awareness ~ecurity survey performed by the Crime Prevention Unit SPECIFIC RECOMMENDATIONS AND CO:MMENTS: ~ ~-$ ~ (3" s~d ~ '4-k R--€-~~-t.lh~)( d , .90jeA N.-e-~ ---co ~S'l~ \.\U...LtA~<L ~ct(] ~J u .:;F: [ .1" C , (pro I!JLcLu YLS . ~e.-W tN1A~. 1).--<1 <-L 't-YCA.- { 1-\11'\ 2 I>1A ,--VY\ ey ~ G \j \\ ' s~ I~' - [ . u&J2-8. ~ f:Sh+1~l-A(S~r.d:- <y..-n.\(s QVV-L c1iuD \I'\..Q..) btv t ~ l..\-t~ >: 1'\.0- C/k <;. ) ; e: +~ d- M...A.r -\- -: ..Z,q )iA- ~-e-y,^--+~ . ~u(\~s 4-0 r'V ~o-- k)~ 5 c) F \Y\ ~R-~ ~y \ yY~~ DzI f+rtV\A'v0t.u..----,i-. 11-cWU~v1 O:/f~d- R~~ l ~ (jVc)~, ~ Y -L.U) vV', &~I'\ eLl . 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('" ..,R,:('\ [I. - -' r . ~r \J f- CHULA VISTA PLANNING DEPARTMENT C5 ~. TEXACO 24 - HOURS GAS STAnON miI& 1498 MeI_ Awnue ....uuta To op....... 24 . houn In the CoN_. SCAlI: PI! NUMIII: NORTH 400' PCM . 95 . 14 MEMO FROM POLICE DEPT. v / // ~HULA VISTA POUCE DEPAR}!ENT CRIME PREVENTION UNIT PLAN REVIEW RECOMMENDATIONS ..- . --- -- . . .. _&..1 t::x( L' J 1995 F., . e .,<:- DATE: 5/9 / 9~ TO: 'PA-trtj tJ~tN~ I 11A.-nn;~ VIA()J ~.,... Wi 'M..e-r..$. L"' ~'s n 6 A-77 ~, . FROM: M.:r & t~ S d ^ cL." oS c. f.s PROJECT: l' C!.. ~ ; s c.. Or S' - ,.,. T ~,. c..o 2,,"" M. Df~".J.'[".J Following arerecommendarions to insure proper utilizarion of security hardware/alarms and lighting/landscapfug to reduce criminal activity. The intent is to heighten crime prevcnrion awareness through the concept of "defensible space" and environmental design. ACCESS CONiROL ,L Upgrading perimeter security D22D . ~ - ., Steel door frames _Solid core doors Dcadbolts. tlushbolts. and electronic locks Aslragals Q!!U Window security Exterior Security hardware Fencing and gates _SlIding &Ius door(s) nlnil1g . V Security system(s): cameras and special Ipplications _ SLCl. ~fA,,.V . XJ UParading lighting tV\ A IIo)T'JI\" ,.2! , ./ High pressure sodium _Low pressure sodium Metal Halides ~B~ IWstant/tImper proof flxtms V Transitional 1i&htin8. ~MiDimum pole hei&ht (15 feet) Placement ~hntlS"ape application Tn:eslshrubbery; lDalntal_4 Placement _Exterior viewfencma Wrought iron & Security alarm systems Perimeter BurgWylInttusion ~d deterrent Visibility factors _ TubuIar steeI _Modon detection CIain link ~bberylHold Up ""'~"'''''-D-'''''''''- J>aae I of 2 ~ . .. ~ VISTA POUCE DEPARLm CRIME PREVENTION UNIT PLAN REVIEW RECOMMENDATIONS POUCE RESPONSE * - Addressing _ Access to P":'.I"'/t}' _~:::::::Visibility; allowing patrol officers to monitor activity .J:::::::""" Reporting procedures _Knox Box POUCE SERVICES ~ ~ning lof management and employees in security proce4ures and crime prevention awareness . Security survey perfonned by the Crime Prevention Unit SPECIF1C RECOMMENDATIONS AND COMMENTs: 13,,-~ o-t\.. '-t-k... It.L3t~4:-l. ~ l...~d. Lnu--s, ~ . d""'- . 1_.' ._ r 'S!nt!..~rt; ~.L ~r .. ifcA- Y'-Q e. '" \,Q. ~ S l a...e.<\-. II'\. V'..L.A. ~ (J h.e.w ~f['4 <.L 4r~i 1'\.;"" ~ h'\ E-..,. e,,';t+' ~ r-o a..vLu....L,S . t\ . S.e.I~- I, U&.Q.8. ~ €. ~ ~ LAI S t.J......cm..L f.\X ~ \ ~ ~ V -l- ~SD 11U-.) &\,t.- "\ ~ ~ Q f\.D. ~ So ; ~ e.. ~ ~.. 0 cl.- M.A.r -t ~ '.2.4 M- "f......"'~. hk'6~s +<> r~ bo.- ~ ;~ d r 'Y\~~ ~\~ ~1. ..... r(UI~ .o:~ R~liJ cro~ - ~ \'.(..~W\rN..I\.cI.tJ. .J ~ JV\ f.a.r.- ~ t-t~ -U- WL . '\V\ ~ .' WJl ~~ OL.\3 ~ ~Tz.~ , -:Plu..~ . ~ tru- ~ W\t.. bJY req l-s-t 2-7 . "", ..... cc:: Brookover, SCA CPTED _. "- PDIcpu 1M3 PLANNING COMMISSION MINUTES FROM MEETING OF JUNE 14, 1995 Excerpt from Draft Planning Commission Minutes of 6/14/95 ITEM 4. PUBLIC HEARlNG: PCM-95-14: REQUEST TO OPERATE A GASOLINE STATION 24 HOURS A DAY AT 1498 MELROSE AVENUE IN THE C-N (NEIGHBORHOOD COMMERCIAL) ZONE - Texaco Refining and Marketing, Inc. Principal Planner Griffin gave the staff report, and noted that the Neighborhood Commercial Zone limited the hours of operation. He stated that there was one complaint on file and there had been one police service call to the site. Staff had received a letter and a petition by 16 surrounding residents expressing concerns with the traffic and noise generated in the area. Staff recommended adoption of the resolution, but accepting the letter and petition and any public testimony and comments. Commissioner Salas questioned the statement that the station had been operating on a 24-hour basis for a time. This being the time and the place advertised, the public hearing was opened. Susan Radecki, 1460 Nolan Court, Chula Vista, stated that she lives behind Unocal and 7-11, with Texaco across the street. There was a concern about traffic, and about children getting peaceful sleep. When the windows were left open in the summer, they could hear all the noise. When they were in their back yard, they could hear if there was a robbery below. Commissioner Willett asked her to point to her Tesidence. Clyde Williams, 9966 San Diego Mission Road, San Diego, representing Texaco, asked that his time be given to Mr. Schanberger. Philip Schanberger, 5125 Glasgow St., San Diego 92117, representing Texaco, addressed the concerns regarding the petition. He said noise was a legitimate consideration. He pointed out particular residences impacted. Regarding noise at the station, the owners had not done any mechanical work and there were no tow trucks. Regarding crime, they do business through glass windows. The altercation which had been reported originated off-site. The clerk called the Police Department, then immediately called back and stated they had left. Texaco had classes where clerks learn crime prevention and how to secure evidence. The Police Department had given approval of 24-hour operation. Planning had looked into the crime and traffic. Traffic of ambulances, tow trucks, etc. would not stop if this station was not open at night. The noise factor was coming from doors closing or conversation. He did not think noise was a major factor, with only 20-50 customers per night. They had taken down their 24-hour sign. He thought it was a service the community could use. Commissioner Fuller asked if Planning had given approval to allow 24-hour operation. Mr. Schanberger stated that they were in Code compliance which had stated that as long they were operating in good faith, they could operate as a 24-hour station. When lights go out, there would be graffiti, etc. Principal Planner Griffin stated that he did not recall the Planning Department authorizing continued operation. It may be Code Enforcement. Planning would not authorize continuing violation of Code with a complaint on file. Commissioner Willett said he had driven by the site. He asked if the company had looked into any other types of lighting. The light reflected off Texaco and Unocal across the street. They could use some of the new low flood lights. Mr. Schanberger replied that they could install recessed lighting. Safety was an important consideration since people had been attacked behind the station. Commissioner Willett said the station presently had high, almost vertical, lighting. Could the station look into some other type of lighting. Chair Tuchscher asked if they continue operation, the Commission could ask them to look into a different type of lighting. Since there was no other discretionary action, it would have to be a condition placed that night, or continue the item to another night. Commissioner Willett said he would like to see the lighting changed on the station across the street also, not just to Texaco. Mr. Schanberger said that in 1992, the Commission had approved a food store and carwash. After lengthy study regarding noise, the food store was approved with no alcohol sales. The 7- II generated the noise up the street. Commissioner Ray asked if they were now in operation and not in compliance, why had there not been any action. There would typically be imposed some sort of action for non-compliance. Principal Planner Griffin replied that staff should have made it clear that they should have gone to restricted hours. His impression was that City staff allowed them to continue while processing. Commissioner Ray said that along with this station, he assumed that a number of businesses in the area were in violation as well. Principal Planner Griffin stated that Unocal clearly was in violation. 7-11 was trying to document that they were in operation before the Code was adopted. Staff could not retroactively require them to reduce their hours. Assistant City Attorney Moore stated that if a use was in existence before the Code came into place, it was grandfathered in. It would need to be researched. Commissioner Ray commented that he would rather know if 10 or 12 were in violation before changing the zone. Assistant Attorney Moore said it was common procedure when there was a Zoning Code violation to ask them to come in compliance with the zoning ordinance. Others are being told that they need to come in compliance by coming before the Planning Commission. Commissioner Ray asked what happened if they were denied and if any of the business were to continue operation and not be in compliance. Assistant Attorney Moore said the City would bring criminal action against them. Commissioner Ray questioned why that type of action had not already been pursued. Assistant Attorney Moore stated it was typically based on a complaint. Principal Planner Griffin stated that traditionally a violation was only enforced upon complaint. If a City employee cruising around found violations, it would have to be addressed Citywide. The Radeckis had complained about 7-11, Unocal and Texaco. They had written official complaints on those three issues. Commissioner Ray said it bothered him that we are reactive rather than proactive. Assistant Planning Director Lee stated it was not something that staff would typically go out and police. They relied on complaints. Staff had had a request from other 7-11 operations to stay open 24 hours. They would go through the same type of process. Mr. Lee said it was important to hear from the neighbors as to whether it works in the neighborhood during evening hours. Staff could come back with all three and give a rundown as far as the City Attorney's office and Code Enforcement. Principal Planner Griffin noted that the Scoreboard Inn was approved to stay open until 2: 00 p.m. a few years ago. Commissioner Salas asked how many employees were typically working the shift between 10 p.m. and 6 a.m. Mr. Schanberger replied that there was one employee during those hours. Commissioner Salas asked if it would be a significant burden to the business to restrict their hours. Mr. Schanberger answered affirmatively. There were probably more deliveries in the summer. He said they would probably lose day customers as well as night. Carl Fletcher, 262 Sandstone St., Chula Vista, representing Neighborhood Watch, said that Orange Street residents have windows on the north side. They have a problem with light shining in their windows, fumes, etc. They asked that the 24 hours not be approved. He submitted a petition representing 12 households. No one else wishing to speak, the public hearing was closed. Commissioner Fuller said she was concerned that there were two other properties that were being investigated by either Zoning Enforcement or City Attorney regarding compliance. She did not think the Commission should wait on those. She was uncomfortable in the fact that this would set a precedent and that the business had operated four years in violation of the ordinance. It was the owner's responsibility to know that when he extended his hours that he was within compliance or in violation. She felt the Commission should listen to the complaints of the neighbors. If the Commission gave their approval to start operating on a 24-hour basis, it would increase their business. She was opposed. Commissioner Ray concurred. He hesitated to vote for this project without taking them cumulatively. He would be more apt to vote for continuance while currently restricting the hours between midnight and 6 a.m. Commissioner Salas concurred with Commissioner Fuller. The station had been out of compliance for four years. They did not need to continue the hearing. The business was in violation. If they continued this item, the Commission was telling other business that they may allow these kinds of violations of the zoning code. MS (Salas/Fuller) to deny the request to extend the hours. Commissioner Willett supported staff's inability to monitor. He asked if Unocal and 7-11 could come in with some lighting. He asked if this item could be continue so staff could work with property owners in the area regarding lighting and installation of sound attenuating walls on the northeast corner behind the U nocal. There was insufficient shrubbery to reduce the noise. He would refer the item to staff to come back. Chair Tuchscher said that there were probably some issues associated with 24-hour operation that needed to be addTessed--noise, lighting, and other potential sales. Those issues needed to be addressed, taking into account what the neighborhood is looking for. The concerns of lighting, noise, etc. could be mitigated. RESTATEMENT OF MOTION: That the Planning Commission deny the request for Texaco to extend their hours to 24 hours. VOTE: 2-3 Yes - Commissioners Salas and Fuller No - Commissioners Tuchscher, Ray, Willett The motion failed. Motion by Commissioner Ray to direct staff to work with the applicant in reference to the neighborhood concerns to reach solutions. Assistant Planning Director Lee said staff should be able to complete investigation regarding the other complaints, and notice the surround neighborhood as far as the intent to allow 24-hour businesses. Mr. Griffin stated they would notice at 500 feet. Commissioner Ray asked if it was within the Commission's jurisdiction to ask for limited hours at this point, and if they could ask that the ordinance be in compliance immediately. Assistant Attorney Moore suggested asking for investigation of the current station in response to Code compliance in that area and report back regarding Code compliance. Chair Tuchscher stated he would like to see the total number of 24-hour operations. RESTATEMENT OF MOTION: To continue the item until the station has had sufficient time to address the issues at this site and then brought back to the Commission. Commissioner Willett asked if they could add the issue of lighting, security, and noise concerns. The maker of the motion concurred. The motion was seconded by Commissioner Willett. Commissioner Ray asked if Code Enforcement was now forced to do something today. Mr. Lee stated that Texaco had no authority to operate beyond 11 p.m. Commissioner Ray commented that the business owners should be motivated to get the issues resolved to get staff's report and back to the Planning Commission. Commissioner Fuller noted that four votes would be needed to pass the motion. She was ready to take action to deny the extension. Commissioner Ray said he also intended to deny. It had been going on for years with no complaints. He was giving them a chance to come up with alternatives. VOTE: 4-1 (Salas voting against the continuance) WRITTEN PUBLIC RESPONSE PRESENTED AT MEETING OF JUNE 14, 1995 --- ~ J . :' "- ['''.' j N"~ ..,,: ''';.' ;"',' ',,;I" Re: Pamlt to Gtatd Tcueo au StdOD laoan lit 14" Melrose Av_e CImIa Vbta,!. . CA 91911. De.. PIIIIIIliDg Deplll1ment: Most ofus bougbt our homeB in thiB neigbborbood 011 SEdstone Street when thiB W1II a quiet reBidential 8reL Since then a uugor freeway (80S) bas been put in and the noise level from Orqe Avenue bas increl8ed to nerve rackiD8levels. With the traffic noiBeB of semi-trueb, mnbullllces, fire trucks, and other traffic comiJls from Orqe Avenue, we oftentimetl ClIDlot cln)' 011 . normal CODVmICOII while BittiD8 in our own liviJJ& roODlB bec8U8e of be ius drowned out by these noiseB. With most of our bedroODlB tiK1ius Orqe Avenue, we do not need to have 8D all night 818 station on Orqe Avenue to disluli> our Bleep at night. I strongly urge you to reject this request from the Texaco Gas Station. N~ 1lt-L--f:t. I. ~nRJr.Ss'IS-/7 _ Yn.~ We t ~ I ~ ()~- 1ilMJol( Cv0"'~ - N 7~ a!~ ~57 S",,J)s'f<,,,,e 5'):- --::~~p~ 85/ ~ 81 ~~ ~5( 5A~D5TONE 5T J~M J&/ ~~~~S:I. ~~~ .;z.JJ 5~~ ~ ~~ ::l CZ S,4uc:!.s+C() €' S I- aid ~ ;j 7 2.. _9~/IO $10 tie sl. U.f7. d-il d~~ ~ ~~~ :J!:J 5~ sr,. V~ ~ :)-f('r ~J0 ~ A'l? 5CLf1LSrf}!J4:Sr ~ V;&~_ "r:;" ILL ~"~~ . {LJ:2,~fJuuz~. r ()Jv\'c ~u. / ,~-rfT' ~S-2.. j~ ~- v ~ } - -. -, ..., J;:"J ~ I ......, l.. ,; ''''' ,~ ",. 6 June, 1995 city Planning commission Planning Department 276 Fourth Avenue Chula Vista, CA 91910 Re: REQUEST FOR PERMISSION FOR 24 HOUR BUSINESS OPERATIONS AT TEXACO REFINING AND MARKETING, 1498 MELROSE AVE, CHULA VISTA CA 91911 Regarding the application s~bmitted by Texaco Refining and Marketing for permission to operate 24 hours at 1498 Melrose Ave, Chula Vista, CA 91911. The application should be denied. Denial should be based on the following: This place of business is in a residential area. The availability of their services on a 24 hour basis would not enhance the quality of life of the residents surrounding this business. In fact, the contrary would likely occur. The additional noise from continuous operations would jeopardize local residents right to peaceful and relaxing evening rest. Should your office seriously consider this application, I formally request that the potential impacts to the quality of life of local residents be fully evaluated. This evaluation should be conducted by an independent impartial party. The survey should consider the following: the increase of noise from vehicle traffic, the increase in vehicle emissions, potential health impacts, and the benefits (if any) this service would add to the local community. Additionally, there are several facilities currently operating on a 24 hour basis which serve the needs of those requiring motor vehicle fuel during twilight hours. Those facilities are: Thrifty oil 1159, 1401 Hilltop 7-Eleven Food Store #24070, 1482 Hilltop, 691-9611 Otay Valley Shell, Otay Valley Rd, 482-1896 Ultra Mart, Otay Valley Rd Given this area is primarily residential in nature, I do not see the need for additional businesses to operate on a 24 hour basis. In addition, until recently this facility operated on a 24 hour basis illegally. This continued until the matter was reported to the code enforcement section of your office. The Unocal 76 Station directly across Melrose has also attempted 24 hour operations, which was also reported to your office. I am certain that if Texaco is granted 24 hour operation, Unocal will followsuit and request the same privilege. The surrounding community would then be impacted by two 24 hour facilities. As community planners, I am certain the potential impacts of all ~._. -,_.,<"" ) ) actions on your behalf will be fully evaluated before any decision is made. In closing, I ask that the application for 24 hour operation be denied. Granting this application will not enhance quality of life for the community and would likely degrade the fragile solitude currently available. The denial should also be based on the existing local sources of motor vehicle fuel currently available. If there are any questions or if I could be of any assistance to you please contact me at 691-6393. RespectfUltr i f.' ~~~ M1chael RadeckJ. EXHIBIT "A" LETTER FROM APPLICANT GARY ENGINEERING, INC. 4901 Morena Blvd., Suite 304, San Diego, California 92117 Telephone (619) 483-0620 FAX 483-2943 Patricia Nevins, Planning Technician CHULA VISTA PLANNING DEPARTMENT 276 Fourth Avenue Chula Vista, CA. 91910 June 11, 1995 Subject: TEXACO SERVICE STATION 10082 1498 Melrose Ave. @ orange Ave. Chu1a vista, CA. Re: Request to operate 24 hours in a C-N Zone Dear Ms. Nevins: In response to the Planning commission Hearing held June 14, 1995, and the subsequent community meeting held on Thursday evening, July 6, 1995 at the Loma Verde Recreation Center, Texaco Refining and Marketing, Inc. would like to propose the following steps to address the comments and concerns expressed by the community regarding Texaco's application for 24-hour operation. Addressing Crime Issues: Texaco Refining and Marketing, Inc. has met with Mary Jane Diosdado of the city of Chula vista Police Department's crime Prevention unit to discuss training for Texaco employees in the area of crime prevention including Access Control, surveillance/Detection, Police Response, Police Services, and Prevention and Reporting procedures. Texaco Refining and Marketing, Inc. has also spoken to the neighbor hood crime watch captain, Mr. Carl Fletcher and the Business Alert coordinator, Mr. Jack Ming to set up Texaco's participation in both of these programs. since the Planning Commission hearing last June 14, 1995, Texaco has ceased operating 24-hours a day. As you may already be aware of, the service station experienced some graffiti over the weekend of July 1, 1995 during late night hours when the station had been closed as per the municipal code. This is just one example of how operation of this service station on a 24-hour basis can repel crime. It is Texaco's intention to be part of both a neighborhood watch and business alert program. Addressing Lighting: Texaco proposes to replace, the existing canopy fluorescent lighting with a direct, surface mounted light which has been shown to cut down immensely on light pollution. Modern lighting makes use of more efficient light bulbs and reflectors to illuminate the surface straight below. MEMBER OF THE AMERICAN SOCIETY OF CIVIL ENGINEERS Ms. Patricia Nevins paqe 2 of 2 July 11, 1995 Reqarding Petitions: A petition is attached to this letter, signed by both local and non-local residents showing support for a 24-hour operated service station. The goal of operating 24- hours is to offer gasoline and sundry sales to the public at all convenient hours in a safe, friendly and clean environment. Whether it be a midnight traveler, and early morning worker, Texaco would like to show their customers that service is always available. Texaco's policy has always been to cater to the needs of the public and to demonstrate that all concerns are taken seriously. Ms. Nevin, Texaco has shown good faith effort as indicated above, to work with the community in mitigating their concerns and any impacts associated with 24-hour operation. with employee training in crime prevention, participation in a neighborhood watch program, and replacement of existing canopy light fixtures, Texaco poses very little impact, if any at all, if operating around the clock. We trust that this information provided warrants approval of the application for extended hours in a Commercial Neighborhood zone. If you have any questions, please do not hesitate to call me. Very Truly Yours, GARY ENGINEERING, INC. p~hanberqer Project Manager cc: W. Hicks; TRMI T. Allison; TRMI c. williams; TRMI R.G. Faudoa, Jr., Gary Engineering, Inc. "_~ ,~,......-. .......,.-,...~ ~~.., ". "",,'~""""""''''i'~'~ ""~.,~'.r',~,." "'~.ir,' - ....""....~, ~.~ .-.,,'~ _ .-.-........"..._ , ~- ~"~ EXHIBIT "B" PETITION FROM APPLICANT ~-~. . ~ , ~1111. -~~ Pacific West Region Texaco Refining and Marketing Inc 9966 San Diego Mission Rd San Diego CA 92108 (619) 283 7376 Dear CUstomer: Texaco Refining and Marketing, Inc, currently is applying to the city of Chula Vista for a permit to operate 24 hours a day at this site, TEXACO SERVICE STATION 10082, 1498 Melrose Ave. For the last four (4) years we have served you all hours of the day and now the city of Chula Vista requires that a special permit be obtained for 24-bour service. Your name and address would demonstrate to the City, the community's desire to have the advantage of a service station open 24-hours a day. Texaco thanks you for your patronage and support. Very Truly Yours, TEXACO REFINING AND MARKETING, INC. 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I~ THE ern:' OF CHULA VISTA DISCLOSURE STAtEMENT You are requircd to mc a Statcmcnt of Disclosure of certain ownel'!ihip or financial intcrests, paymcnts, or campaign contrihutions, on all mallel'!i which will rcquirc discrctionary action on thc part of thc City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property which is thc subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. TEXACO REFINING & MARKETING, INC. 9966 San Diego Mission Road San Diego, CA. 92108 Att'n: Clyde Williams; 619/283-7376 2. If any pel'!ion* identified pursuant 10 (1) above is a corporation or partnership,list Ihe names of all individuals owning morc than 10% of Ihe sharcs in thc corporation or owning any partnel'!ihip interest in the partnership. none 3. If any pCl'!iOn* idcntificd pursuant to (1) above is non-profit organization or a trust, list the names of any pel'!iOn serving as director of thc non-profit organization or as trustee or beneficiary or trustor of the trust. none 4. Have you had more than $250 worth of business transacted with any member of thc City staff, Boards, Commissions, Commillees, and Council within the past twclvc months? Yes_ No~ If yes, please indicate pel'!iOn(s): S. Please identify each and every pCl'!ion, including any agents, employees, consultants. or independent contractol'!i who you have assigned to represcnt you bcfore thc City in this mailer. Clyde Williams / Dave Mattson TEXACO REFINING & MARKETING, PPii [SR Yiage t1issisa R8a~ San Diego, CA. 92108 INC. Philip Schanberger GARY ENGINEERING, INC. 4901 Morena Bl~d., Ste. 304 San Diego, CA. 92117 Phone # 619/283-7376 Phone # 619/483-0620 Have you and/or your officers or agents, in the aggr~ate, contributed more than $1,000 to a Councilmember in the current or preceding elcction period? Yes_ No_ If yes, state which Councilmember(s): 6, · · · (NOTE: Date: April 24, 1995 Philip Schanberger c/o Garv En~ineerinv Print or type name of contractorlapplicant . Persoll is tkfilled QS: "A"y iluJividu./J~ {inn, co-po1t1aenhip, jow ~, 4UOC;QliOtI, socUJ/ cwb, frmmUj/ orgculimtiCHI, cOIpOflUion. auue, '""" rrcaw:r,lyIUlic-. Ihi.s mill OIty other COIULI)', city tmd cowury, city ITIUlucipaliry, distriCl, or oUter political SIlbdi~ViotI, Of any other ~p Of CDtnbiMUOll GCan, tlI . tutiL.,.