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HomeMy WebLinkAboutPlanning Comm Rpts./1996/02/14 (3) PLANNING COMMISSION AGENDA STATEMENT Item l Meeting Date 2/14/96 ITEM TITLE: Public Hearing: PCM-96-15; Request to extend hours of operation for gasoline sales only at 1498 Melrose Avenue in the C-N Neighborhood Commercial zone - Texaco Refining and Marketing, Inc. The request is to extend the hours of operation by three hours, from 5:00 a,m. to 7:00 a,m, and from 11 :00 p.m, to 12:00 midnight for gasoline sales only at the Texaco station at 1498 Melrose Avenue in the C-N 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, In July of 1995, the Planning Commission denied applications by Texaco and the Unocal station (located directly across the street at 1495 Melrose Avenue) for 24-hour gasoline sales. In September of 1995, the City Council upheld the denials upon appeal by both applicants. The denials were primarily based on concerns expressed by neighboring residents over potential noise and traffic impacts, 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-96- 15 approving extended hours of operation from 5:00 a.m. to 12:00 midnight for gasoline sales only 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 0,92 acres located at the northwest corner of Melrose and Orange Avenues, Two gasoline islands are located on the southerly portion of the property adjacent to Orange Avenue, and a single gasoline island is located on the easterly portion of the site adjacent to Melrose Avenue. The existing building includes three automotive service bays and a cashier office area which includes the sale of sundry snack items, Page 2, Item ----L- Meeting Date 2/14/96 Zoning and Land Use North - South - East - West - C-N R-1 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 approximately 100 ft. to the south and southeast across Orange Avenue, Single family homes also overlook the site from above and behind the Melrose commercial frontage to the east, a distance of approximately 175 ft. from the site. Proposal The proposal is to conduct gasoline sales between the hours of 5:00 a,m, to 7:00 a.m, and between 11 :00 p.m, to 12:00 midnight. 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 better gas service for both local residents and freeway travelers. It should also be noted that Texaco has recently submitted an application to remodel the station into a mini-market/gas facility. This will be forwarded for Commission consideration on its own merits under a separate conditional use permit at a later date, The present request is to extend hours for gas and sundry snack sales only, Approval of this request would confer no authority to extend the hours for a future mini-market. This issue would have to be considered in conjunction with the subsequent permit, Prior Application As noted above, this application follows a previous unsuccessful request for 24-hour operations. The previous application was 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 without prior approvaL In response to the previous request, the Planning Commission received one letter, a petition with 16 signatures representing 12 properties, and public testimony from three speakers opposed to the request. The primary concerns raised 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, which was also processing a request for 24-hour operations, and the 7/11 convenience store, Page 3, Item-L Meeting Date 2/14/96 It was determined at that time that the 7/11 store had been operating 24-hours a day since prior to the adoption of the present hour restrictions in 1969, and therefore could continue to operate as a legal nonconforming "grandfathered" 24-hour a day operation, With regard to the other two uses, both the Planning Commission and the City Council shared the concerns of the residents regarding traffic and noise and their potential impact upon nearby residents, The requests for 24-hour gasoline sales by the two service stations were therefore denied, ANALYSIS: According to the applicant, the modified proposal for extended hours will allow them to compete with stations that provide such service, and to provide a convenience to their customers (see attached letter), The applicant has previously noted that customers who desire 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 Planning Commission found previously, however, that 24- hour operations would be detrimental to the surrounding residents, 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 site illumination. It also could include additional traffic and traffic noise if it is assumed that trips are generated during the extended hours that would not otherwise be using these streets. An additional consideration is the Police Department's position that extended hours of operation heighten the probability of increased criminal opportunities (see attached memo), Texaco was previously advised of, and has agreed to, security training by the Police Department's Crime Prevention Unit. A meeting with the Police Department is scheduled for February 13. It was also determined previously 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 Texaco has taken measures to correct the problem. Staff had generally supported the previous request based upon our assessment of expected activity levels and potential impacts, and Texaco's apparent willingness to work with the City and the neighborhood to minimize potential disturbances. The modified request presents substantially less opportunity for disturbance, and in fact staff has been informed by the neighbor most actively opposed to the prior request that they are not opposed to some extension of hours, although may prefer somewhat less than that which has been requested. In support of their request, Texaco has also offered to restrict their service hours and the use of the service bays to between 7:00 a.m. and 6:00 p.m. This is substantially more restrictive Page 4, Item ----1- Meeting Date 2/14/96 than would be allowed by Code, and would address the issue of noise from late evening service activities which has been one of the primary frustrations of the surrounding neighbors, For these reasons, staff is supporting the proposal subject to several conditions, 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 additional hours represent a disturbance to neighbors, the request for extension would be forwarded to the Commission for action, Another condition would require confinnation that the lighting and security issues have been addressed to the satisfaction of the City prior to implementing the extended hours. An additional condition restricts service activities to the hours between 7:00 a.m, and 6:00 p.m. It should be noted that Unocal has been apprised of this application and may choose in the future to submit their own request for extended hours based upon the outcome on this request. It is staff's opinion that any such request will have to be judged on its own merits since the location of the Unocal in relation to adjoining residents and its operational profile may distinguish it from Texaco. Attachments 1. Resolution PCM-96-15 2. Locator and Site Plan 3. Letter from Texaco 4. Memo from Police Department 5. City Council Minutes, meeting of September 12, 1995 and Planning Commission Minutes, meetings of June 14, 1995 and July 26, 1995 6. Disclosure Statement (Ill: \home\p!anning \patty\pcm9615. rcp) ATTACHMENT 1 RESOLUTION PCM-96-15 RESOLUTION NO, PCM-96-15 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING EXTENDED HOURS OF OPERATION FROM 5:00 A,M, TO 12:00 A,M. FOR GASOLINE SALES ONLY FOR A 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 November 8, 1995 by Texaco Refining & Marketing, Inc" and; WHEREAS, said application requests approval to conduct gasoline sales from 5:00 a,m. to 12:00 a,m. 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 February 14, 1996 at 7:00 p,m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed, NOW, THEREFORE BE IT RESOLVED THAT THE PLANNING COMMISSION DOES hereby find, detennine, resolve, and order as follows: I. Findings. The Planning Commission hereby finds that the extended hours of operation will provide a convenience to surrounding residents and that the extended hours and activity levels are not expected to result in a disturbance to neighboring homes, particularly considering the intent to address security and lighting issues and to restrict service activities, II, Conditional Grant of Pennit; Conditions, The Planning Commission hereby grants approval of this request subject to the following conditions whereby: A. Authorization for the extended hours shall be for the hours from 5:00 a.m, to 12:00 a,m. only. Any operations beyond these hours shall be grounds for revocation. B, The extended hours of operation shall apply to existing gasoline and snack shop sales only. It shall not apply to any automotive service activities or use of the service bays, which shall be restricted to the hours between 7:00 a,m. and 6:00 p,m" nor shall it apply to any future expansion or modification of operations, which shall require separate consideration of hours of operation. C. 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; namely, the applicant shall have a security evaluation and Business Alert training for its employees conducted by the Police Department. The applicant shall submit evidence of such compliance prior to extending the hours of operation. D, The applicant shall submit and implement a plan to correct the lighting so as not to cast a glare on to surrounding areas prior to extending the hours of operation, but no less than 90 days from the approval of this resolution, or said resolution shall be deemed void and ineffective. E, This approval shall expire on February 14, 1997, and thereafter the Applicant will no longer be allowed to continue extended hours of operation unless an extension is granted, 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 understanding that any such investment will be made at the Applicant's risk, The Zoning Administrator may grant an extension of the term of this approval, on such conditions as he/she deem just, after notice to the surrounding residents and upon proof being supplied to the Zoning Administrator that the health, safety and welfare of the neighborhood is not adversely impacted by the extended hours of operation on the premises. Applicant must apply for and receive the extension prior to the expiration date, The Zoning Administrators may choose to direct the request, or the 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 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. D, Any violation of the tenns or conditions of this permit shall be grounds for revocation or modification of the penn it. 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 February, 1996, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: William C. Tuchscher II, Chair Nancy Ripley, Secretary (m:\home\planning\patty\pcm9615.REP) ATTACHMENT 2 LOCATOR AN D SITE PLAN z tj 1c:1 H ~ (Xl W "o"'~ z > CHULA VISTA PLANNING DEPARTMENT LOCATOR ~, TEXACO 24 - HOURS GAS STATION C) ~'bW!1, 1498 Melrose A""nue lequnt: Extended hours of operation (5:00 a.m. - 12:00 a.m.) SCALf, FILE NUMBER, in the C-N zone NORTH 400' PCM-96-15 , ,~:H ! il :,1 I III 01' , "II ~'i ~ . - I Ih. ( II ~ :~I r ~ : j'jilj ~ I . M.I I II ! ~ II ',!!i I! ! . ~$ 'II .11 II II 0 ' :;:' : IIj" . i I ' " II till ,~i;r ; " "I' It I if ,'I,. II .. I Iii ill '! ! 's. q I, q II 11'" If ' r!!' ii',,! ' , r;:: ! !B !!~Ii!!il! ~ ' , !" I: liB If ! i liB . " I ,. j'l I 111 I"j 'lij!!I: I' iil " r ,I !I!';:I' !d:. 11 , . I' .II *,'1,1 !I!!! I! .j.i 'm. .,/'! ~ " 1~I!lil! i= ~ ~ ~ IllIn i/!/ 1111 .I~i '!",. --- I d:i! hllW ; ,Ii! ~.~ . . . . 11.11 \\ . --~- "'1"1"1 ----~--it- I II II II' "1 Hii! liil"l ' --3- -8--Q III II '!l-1-a- I't-, ') ';:'$ -------- '".~ -~. ,~ , -- , , -- , I I ---- \ I 0 I \ I :! I .- 0 I 0 a! a( FuJ I $1 I 0 .~ .." If , ,- I , W ~ , I , oj- , '" l_ _ I ~ :!: , j ~ I 'P 0 I I I I I I I , I I ...... , I I I I , I I ...... , ......,. , .....,..". I I I 0 !; if! I .3-J I ATTACHMENT 3 LETTER FROM TEXACO ~~ ~~- Steve Griffin Principal Planner CITY OF CHULA VISTA PLANNING DEPARTMENT 276 Fourth Avenue Chula Vista, CA 91910 February 2, 1996 Subject: TEXACO SERVICE STATION #0082 1498 M~lros~ Ave. @ Orange Ave. Chula Vista, CA. 92011 Re: "Miscellaneous Request" to operate a additional three hours a day in a CN zone. Dear Mr. Griffin, On November II, 1995, Texaco Refining and Marketing, Inc. requested by means of a Miscellaneous Request application, the opportunity to extend current hours of operation at the above referenced site. The additional hours of operation are requested in lieu of 24 hour operation which the Planning Commission denied at our last hearing. Texaco spoke briefly with some of the area residents after the City Council hearing last September 12, 1995 about the possibility of supporting extended hours of operation rather than the 24 hours of operation. The reply was favorable with one family stating that they would "entertain the idea." \ Texaco wants the City of Chula Vista to know that none of the possible conditions for approval of the application has been forgotten. Texaco still proposes to address each of the community's concerns. Addressing Crime Issues: Texaco Refining and Marketing, Inc. will meet withMs, Mary Jane Diosdado of the City ofChula Vista Police Department's Crime Prevention Unit on February 13, 1996. Ms. Diosdado will discuss training for Texaco employees in the area of crime prevention including Access Control, SurveillancelDetection, Police Reponse, 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. ---"' -rr;:'\' .;:.' o ",l-.' .. r--.--' fEe 0 5 13']t, PlANN,i:: MR. Steve Griffin page 2 of2 February 2, 1996 Addressing Lighting: As requested by area residents and the City ofChula Vista, Texaco has replaced the fonner strip fluorescent lighting underneath each of the two canopies with direct, surface mounted lights which cut down immensely on light pollution. The new lighting makes use more efficient light bulbs and reflectors to illuminate the surface straight below and not out into the street or nearby yards of neighbors directly across Orange Avenue. No residences occur north, west, or east of this comer. Regarding the Request for Three Additional Hours: Texaco feels that the three additional hours of operation will capture the early morning and late evening commuters. Texaco would like the opportunity to sell coffee and sundries to the early morning traveler and ice-versa for the late night commuter. Texaco does not wish to operate the lube bays at any early hour or late hour. The extra hours would only be utilized for the sale of gasoline and sundries. Regarding Noise: The noise problem which one of the neighbors had previously spoken about (storage tank fill containment lids being dropped by the fuel trucker) has been addressed. The delivery drivers have been instructed to not drop the iron covers when , filling the storage tanks. Any loitering or parking lot meetings will be discouraged by the sales clerk and "no loitering" signage. Mr. Griffin, Texaco has shown good faith effort as indicated above, to work with the community in mitigating their concerns and'.any impacts associated with operating a business three additional hours a day. With employee training in crime prevention, participation in a neighborhood watch program, and continued excellence in site appearance and service, Texaco poses very little impact, if any at all, if operating during the requested hours. If you have any questions, please do not hesitate to call me. Thank you for your consideration. Very Truly Yours, .' -~. ".; Carol 1. Hensley Retail Marketing Consultant Texaco Refining and Marketing, Inc. .. CMfB .' f~ ~,.....\: ft.'O () ":> ,," f' . - ATTACHMENT 4 MEMO FROM POLICE DEPARTMENT C H U L A V I S TAP 0 L ICE D E PAR T MEN T C RIM E PRE V E N T ION U NIT PLAN REVIEW RECOMMENDATIONS F( l::C t:.'J l'l2 t. J4NO 2,'9Qc o '-'0 Di JA./ViV:f'JG DATE: December 21, 1995 FROM: steve Griffin, Principal Planner CAM Brookover & captain wither~~nv SCPS M~:~~6iosdado TO: VIA: PROJECT: Texaco, 1498 Melrose Avenue The Crime Prevention unit does not have any comments at this time. Information on this project, or within the plans, does not provide enough detail to permit crime prevention analysis. -XX- See attached comments below for recommendations regarding this project. COMMENTS: As a result of Texaco requesting a permit for 24 hour operation, this office met and reviewed the Police Department recommendations with representatives of Texaco back in June 1995. Within the written comments provided to the Planning Department dated 05/08/95, recommendations included a security evaluation, improved utilization of security devices such as; alarms, cameras and video equipment, safes, locks and personnel training. Texaco was advised and had agreed to Business Alert training for their personnel, including Reportin~ and Emergency Procedures as provided by the Crime Prevention Unlt. This training has not been requested by Texaco as of yet. This training is highly recommended and is essential in order to effectively prevent most criminal opportunities. Extended hours for any business increases the risk of crime and potentially endan~ers the safety of personnel. When taking advantage of serVlces provided by your local law enforcement agency, you establish a working relationship that benefits your establishment and the community as a whole. A security evaluation is required prior to completion of this project, and we anticipate scheduling employee training in the near future. Thank you process. any time. for the opportunity for input into the planning If you have any questions, please feel free to contact cc: CPTED PD/cpu '1/95 ATTACHMENT 5 CITY COUNCIL MINUTES OF 9/12/95 PLANNING COMMISSION MINUTES OF 6/14/95 AND 7/26/95 THE TEXACO AND UNOCAL APPEALS WERE CONSIDERED AS CONSECUTIVE ITEMS ON THE SEPTEMBER 12, 1995, COUNCIL AGENDA. THE FOLLOWING INCLUDES THE MINUTES FOR BOTH ITEMS SINCE THE UNOCAL APPEAL WAS CONSIDERED FIRST AND INVOLVED MOST OF THE COUNCIL DISCUSSION ON THE REASONS FOR DENYING BOTH APPLICATIONS. \ . , , I ':, ,I ~l\ \.' :\~ '--. c\ PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 14. PUBLIC HEARING PC~I-'5-16j APPEAL FROM PLANNING COM~"SSION DENIAL OF A REQUEST TO SELL GASOLINE 24 HOURS A DAY AT 1495 MELROSE AVENUE IN THE CoN NEIGHBORHOOD COMMERCIAL ZONE - ROBERT H. LEE & ASSOCIATES FOR UNOCAL - The applicant requested authorization 10 conducl ,asoline sales 24 hours a day at Ihe exislin, service stalion localed at 1495 Melrose Avenue, in Ihe CoN NeiJ:hborhood Commercial zone. The CoN zone reslricls bours of business operations 10 between Ihe bours of 7:00 a.m. and 7:00 p,m. unless olherwise authorized by the Plannin, Commission. On 7/26/95, the Plannin, Commission VOled 4-3 10 deny the requesl by Robert H. Lee &< Associates for Unocal for 24-hour ,as sales. Staff recommends approval of the resolution, (Direclor of Plannin,) RESOLUTION 18032 GRA~rrING THE APPEAL OF UNOCAL FROM THE DECISIOrl OF THE PLANNING COMMISSION AND I~SUING A PERMIT CONDITIONALLY APPROVING 24-HOUR GAS SALES AT 1495 MELROSE A VENUE IN THE CoN NEIGHBORHOOD COMMERCIAL ZONE Ken Lee, Assistant Diredor of Plannin" informed Councillhat there were two separate hearin,s, i.e, Items 14 and 15 on the a,enda. The service stations were located in Ihe same area and were directly across Ihe street from each other, The Plannin, Commission held two separale hearinJ:s and the City Attorney recommended that Council take separate action on eacb bearin" Council could bold b<>,h public bearin,s concurrenlly in order 10 hear testimony on both ilems. Mayor Horton staled Council would consider each ilem separalely. . This bein, the lime and place as advertised, the public bearin, was declared open. Those speaking in opposition'lo the ,ranting of the appeal for 24-hour gas sales al 1495 Melrose were: . Vern Shotwell, 287 Sandstone Slreet, Chula Vista, CA, member of Neighborhood Watch, stated it was supposed 10 be a neighborhood station and not open 24 hours, He expressed concern with the increase in noise and liahtina; impacts. . >>inda Nerat, 1462 Nolan Court, Chula Vista, CA, staled she lived direclly behind Ihe station and expressed concern regarding the increased noise, crime, and IightinJ: impacts. She fell crime was also a concern to the applicant due to the installation of bullet proof glass. . Aaron Radecki, 1460 Nolan Court, Chula Vista, CA, e'rressed concern regarding the increased traffic and noise, He noted that work had been J:oing on at the station afler houn; over the last several months. . Susan Radecki, 1460 Nolan Court, Chula Vista, CA, expressed concern re,arding noise impacts, She had been documenting work being done after the 8:00 p.m, deadline whicb resulled in noise impacts, Work was also bein, done rrior to 8:00 a.m, and the station was unkept. She had been working with the city's Noise Abatement Department and had been told that the city did not have anyone tbat could use and certify the equipment used to calibrate noise imracts. Lack of attendance at Ihe July 6th public meeting was due to the July 4th holiday. They calculated that the station would make only $30,OO/night by staying open 24-hours, With the closure of the station over the last several months the noise and traffic level had drorped, . Mike Radecki, 1460 Nolan Court, Chula Vista. CA, stated they had initiated the original comrlaint over one year ago, The stalion had operated on a 24-hour hasis for one year and continued to break the law after beinJ: notified by the city's Code Enforcemenl Derartment that they were in violation. He e'pressed concern reJ:ardinJ: the increase in noise. Unocal had not done anything in a year 10 address any of the neiJ:hbors concerns, The station was unkept and if the station was not open 24-bours the intersection would nol be dark as there Were regulation street lights on the comers. He feli they bad a one year trial and had done nothing 10 address the issues, Those speaking in surport of the appeal for 24-hour gas sales at 1495 Melrose were: . Tom RiJ:gles. 1201 South Beach Boulevard, Suite 207, La Habra, CA, Robert Lee &< Assoc., applicants for the project, stated the main reason for noise in the area was lraffic. The station would not generate additionallraffic with a 24-hour operalion. There would be no late night aulo repairs or convenience sales, other than what could be purchased through the window. The facility already bad a bullet proof enclosure which had been recommended by the Cbula Vista Police Depar'ment and was the Iype of operation wbich required sucb measures whether or notlhe station was opened 24-bours. They feli Ihe bigh level of lighting and nOl allowing people into the store during the late night boun; would also bell' to deter crime. Repair wolk bad been ,oing on late at Dieht, but the district manager bad been informed that il could nOl continue. They would provide the city with a letter ltating that there would be nO late night repair wolk. The neigbborhood meeting bad been beld. on Thursday, July 6th and only S people attended. Four of those were in surport of the station. They would mitigate the lightin" upgrade1he landscaping, clean up the site, and provide an additionallrasb enclosure. " ...; I \./ - '1~'\) ~~~ Couucilmember Rindone queslioned how they would mili~ale the Ii~htine concerns, Mr, Rieeles replied that Ihe currenl strip li~hls alone the canopy were projeclin~ inlo and away from the canopy. They would replace Ihe strip Ii~hlin~ with a box Ii~hl wilh a flal Ie... Ihat would projecl direclly down from Ihe ~opy. The Police Department had recommend.:d perimeler liehlin~ as a lOCurily lIIIOISure and lhal would be mstalled, They would also comply wilh the Police Departmenl recommendalion of installalion of NCurily cameras and trainine for employees re~ardine crisis situalions.' . Councilmember RiDdone staled durine the previous year there bad only been one police call after midniehl. Mr. Rieeles stated that was correct. Durine Ihe year the station operaled 24-hoursthere were 29 aervice calls and 28 of those were durine the clay. They felt the 24-hour operation was a henefille? the Deiehbomood. . Jim Foreey. 1201 South Beach Boulevard, lA Habra, CA, BHL and UDocal, apoke in support of the appeal. He staled the 24-hour operalion would be meetine the needs of customers as they occurred. The bay buildin~ would he closed at nieht after 5:00 p.m, Side liehtine would he operaline 24-hours and new liJ:hls would be installed 10 mitieale the neiJ:hbors concerns. The new lieh1ine would not reach the housi;,e behind Ihe facilily. If Ihe sile was closed the inlersections would he dark and he expressed CODcerns thai eraffiti and crime would increase in the DeiJ:hborhood, An attendant would he available 10 respond to aclivilies in the area, Securily cameras would be installed as recommended by the Police Departmenl, ShNbhery would he planled in Ihe existing planters and alone Ihe elevated area in the Iw:k to aclas a Doise buffer, UDocal had demonstrated a strone effort 10 meel the concerns of the communilY, There being no further public leslimony, the public hearing was declared closed. Mayor Horton questioned whar Iyl'" of revenue would be ~enerated for the city with Ihe additional hours, Mr. Lee respond.:d Ihal the revenue to the city would be minor, The operalors were lookine for repeal CUSlomers versus the revenue stream generated hy ni~httime aClivilY, Mayor Horton staled she could 5"" no reason 10 justify Ihe appeal. "was a residenlial area and Ihe stalion was in a CoN zone. There were several other 24-hour operations within one-half mile of the facility, MS (Horton/Alev)') to den)' tbe app...1 for Uhour operulion. Councilmemher Rindone stated he could nol support Ihe motion, He felt the Council needed to support the businesses in Ihe community. There were le~itimate concerns Ihat Ihe business had nol been responsive, but the proposal addressed Ihe issues and Ihe applicant would mili,ate Ihose concerns, He felt the 24-hour operation would belp 10 deter crime in an area locared n...r Ihe freeway. He queslioned if raisinJ: Ihe back wall by two feel would help 10 mitigate noise, Mr. Lee responded thai a zonine wall had a bufferili, effecl. Staff would have to look al the lOurce of the noise to delermine the exacl bei~hl of the wall. ThrouJ:houllhe ar... there was a combinalion of wall hei~hls and he felt IOme of the walls were lower in order to take advanta!:e of Ihe view. There was also two story bomes in Ihe ar..., Councilmemher Rindone felt there was a lack of commercial facililies in the area which was an important factor, The Chair of the PlanoinJ: Commission had expressed concern reJ:ardinJ: the clark comers of the inlerseclion, The Commission also fell il would he an opportunity for beautification and improvement of the ar..., Due 10 the concems expressed by the neiehbors be was willine 10 compromise and eranl a aix monlh trial period, Mayor Horton staled if they did not have a similar facilily in close proximily and cuslomers could nOI be provid.:d Deeded service she wOllld be inclined to SlIpport the appeal. However, Ibe.. were 24-bour facilities in Ibe area and w could Dot support the appeal. Couucilmemher Moot lilted he drove Ibrou.h Ibe nei.hborbood and felt it was a residenlial nei.hbomood. Those stations operatin. 24-hollrs teDded to he in conjuuction wilh shoppin. cenlers and DO homes in close proximily. The 24-bour operation bad the potenlial of impactin. those livine in the immediale area. Couucilmemher AleV)' expressed concerns reeardine the extension of Ibe wall due to the elimination of the view. The burden abould DOt he on private business to provide liehtin. for intersections. If there _ a perceived problem ....ardiD. adequate lia:htin. at the intersection itlhould he reviewod by Ibe Tnffic Division. Therefore, be would IIIJ'POrt the motion. VOTE ON MOTION: approYed 3-1.1 with Rindone opposed and Padilla absent. ,~. ..-....-.~.,..-- '.'-T~_. 15. PUBLIC HEA~ PCM.9S-14; APPEAl. FROM PLANNING COMMISSION DENIAL OF A REQUEST TO SELL GASOLINE 14 HOURS A DAY AT 1498 MELROSE AVENUE IN THE C.N ,NEIGHBORHOOD COMMERCIAL ZONE - TEXACO REFINING AND MARKETING, INC. - The applicant RESOLUTION 18033 GRANTING THE APPEAL OF TEXACO FROM THE DECISION OF THE PLAJI.'NING COMMISSION AJI.'D ISSUE A PERMIT CONDITIONALLY APPROVING 14.HOUR GAS SALES AT 1498 MELROSE AVENUE IN THE C.N NEIGHBORHOOD COMMERCIAL ZONE This boina the timo and place. as advertised, the public bearina was declared open. Those opeakina in support of the appea] for 24.bour aas sales at 1498 Melrose Avenue were: . Zubair Khalileb, 572 Rieslina Terrace, Cbula Vista, CA, General Manaaer of the Texaco atation, atated they bad been operatina 24-bours for the last four years and there had not hoen any problems. Since they had ceased 24-hour operalion they had experienced araffiti and drinkina bohind the alation at niaht. They had also lost approximately $400/nil!ht since closinj!, A petition had been presented requestinl!the 24-hour operation, The atation was very clean and they had installed new landscapina, The facility was on a very large lot. Mayor Horton noted the report stated that the facility was open from 7:00 a.m, to 7:00 p.m, and that the C.N zone allowed them to bo open until 11:00 p.m. Mr, Lee stated the report was incorrect, the CoN zone allowed operation until 11:00 p,m, Councilmember Moot questioned if Ihe atation could remain open until 11:00 p,m, if they wanted to. Mr. Lee replied Ihat was correct. . Pbilip C, Shanborl!er, 4901 Morena Boulevard, Suite 304. San Diel!o, CA. Gary Enj!ineerina. Inc" representina Texaco Refinina & Marketing. Inc" stated the facility had been operating on a 24. hour basis for the last four y""rs with only one citation by the city for iIIeJ:al operation. A mutinJ: had boen held on 7/6/95, after the July 4th weekend, with notices mailed 10 274 people ., and only 5 people attended. After discussion of miliaalion measures those in attendance were satisfied. The Police Department had always recommended thaI bullet proof alass bo installed and that was alr""dy in place. No one would bo allowed Ihrough the door after 10:00 p.m. and all business would bo done throul!h a pass-throuJ:h drawer. No alcohol would bo so]d on the premises. They were willina 10 join Neiahborljood Watch and Business Alert. Texaco atated they would stop niJ:httimo deliveries of aasoline. Te'Xaco would also bo replacinl! the strip liahtina with box liJ:htinJ: which would shine directly downward and would eliminate Ihe liaht pollution in nearby homes. The aite was surrounded on three sides by commercial businesses and residences on one side across OranJ:e Avenue. When the 24-hour operation was disconlinued Ihey bad found taJ:gina and beer bottles at the back of the station. He requested a one year trial 10 ahow that they could work with the community and mitiaate the concerns. There was a business 10" of repeat cuslomers. If Council did not wanl to approve the 24.bour use he recommended a compromise of operatina hours from 5:00 a.m, to midniaht. That. would allow the applicant 10 bo open durina the importantlravel hours on the way to work and those retumina bome. Those apeakina in opposition to the appeal for 24.bour aas .]es al 1498 Melrose Avenue were: . Susan Radecki, 1460 Nolan Court, Chula Viata, CA, stated the stalion was clean, but they were concemod wilh the traffic and Doise impacts. Since their closure for the last six weeks there had been a reduction in Doise in the neiahborhood, Tuaco did IeII diesel and they were concerned thai the bia trucks would utilize the facility if open 24.hours as the canopy was biah enouJ:h to accommodate them. The majority of the aipturea on the petition j>resented by the applicant did Dut jive in Ihe area. She questioned how they could bo profitahle at $30/nighl. The Plannina Commi"ion had voted aaainst the request due to the amount of Deiahborhood orposition. They a]so fell that nuisance noise would exist and thaI' enforcemont would he a low priority for the Police Department. She upreased concern that then was no ODe qualilied within Ihe city to take certifio3d Doise radinas. ~ Minutes September ]2, ]995 Page 7 . Aaron Radecki, ]460 Nolan Court, Chula Vista, CA, expressed concern regarding noise impacts, He noted there had been a decrease in noise and light impacts while the stations were closed, . Mike Radecki, 1460 Nolan Court, Chula Vista, CA, stated it was unfortunate that Texaco was in the position they were in because they maintained a nice station and the manager tried very hard to maintain a nice appearance so it would fit into the neighborhood. He felt the codes and laws had to be applied evenly and equally. Businesses south and east of the station that were closed at night did experience graffiti. He realized that the city needed to help maintain husiness opportunities in the city but it was difficult to say if $50 - $IOO/night would make or break a business, However, was $50/night worth the neighbors peace of mind during the night time hours. The business had not demonstrated a strong financial need to remain open for 24-bours. If a variation was granted in the CoN zone be felt there would be a large number of businesses requesling a variance. . Vem Shotwell, 287 Sandstone Street, Cbula Vista, CA, stated his property was adjacent to the station. The noise impacts had been reduced since the station was closed, He did not feel businesses should be open 24-hours in a residential area, . Linda Nerat, 1462 Nolan Court, Chula Vista, CA, presented a petition opposing the appeal with 25 signatures from residents in the area. Because those people did not attend the public hearing did not mean they were not concerned, but that they had other obligations. Mr. Shanberger showed a transparency with the location of the residences that had signed the petition for 24-hour use, He again requested a compromise to allow operation from 5:00 a.m. to midnight. The sports bar in the area had been given a variance and stayed open until 2;00 a.m. with alcohol sales and there were no complaints regarding that business. - There being no further public testimony, the public hearing was declared closed. Mayor Horton stated for the reasons staled in lIem 14 she could not support the request for appeal. MOTION: (Horton) to deny the request for 24-hour sales. Councilmember Rindone felt the situation for Texaco was different than Unneal. There was a difference to proximity to residences and it was on an exceptionally large lot. He felt there was an advantage of activity in the neighborhood in mitigating crime in the area, They had been a good neighbor which had been proven during their four years of 24-hour operation. The large trucks and late deliveries to the super market and ruMing of the air conditioners was the major contributor of noise in the area, Therefore, he would support the request for 24-hour operation, ~ SECO]'o,'D TO 1IIOTION: (1IIoot) Council member Moot stated there were differences between the two stations, primarily because it was surrounded by commercial businesses. He questioned if the two stations could be distinguished one from the other and whether there would be a problem in granting one appeal and not the other due to the closeness of the facilities. He did not feel the Unocal station was appropriate for 24-hour use. Mr. Boogaard stated it appeared that Councilmember Moot was concerned with a disparate treatment issue betw~D the two facilities. He questioned if there was tbe same level of impacts to the neighbors. Mr, Lee responded there were similar impacts, ahhouJ:h Texaco was across the strut which created a further separation, it was a larger sile, and was adjacent to a larger commercial center, Mr. Boogaard questioned if that was a significant distinction in terms of impact on the residents, i.e, from a noise and light impact, Mr. Lee replied that in of testimony from the neighbors, the noise was associated from the operation and traffic, There was a separation of an additional ISO ft. Mr. Boogaard questioned if Mr. Lee considered il nol to be a si~'J1ifi~ont difference in impacts, Mr. Lee responded that was correct, Minutes September 12, 1995 P~e8 Mr. Boogaard stated that there wou1d be disparate treatment if one was denied and the other ~rante.U. VOTE ON IIIOTION: approved 3-1-1 with Rindone opposed and Padilla ahsent. '. PC Minutes -2- July 26, 1995 Excerpt from 7/26/95 Planning Commission Minutes ITEM 1: 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. (Continued from 6-14-95) Assistant Planner Nevins presented the staff report, Staff recommended approval subject to conditions, one being that the conditional use pennit would be authorized for only a one-year period with the opportunity for extension after that time. Commissioner Thomas asked the hours of operation for the three service bays. Ms. Nevins replied that the hours were 8:00 a,m. to 5:00 p,m.; however, they could technically stay open until 11:00 p.m. The applicant was not requesting extended hours for the auto service bays. Commissioner Davis asked if staff had made any efforts to meet with the neighborhood residents regarding their concerns, Ms. Nevins stated that the applicants, both Texaco and Unocal, had held a neighborhood meeting at the Lorna Verde Recreation Center,on July 6th, The applicants had used the City's mailing list and fIve people attended, four in response to the notice and one who happened to be in the recreation center but lived in the vicinity. None expressed concern with the applications for the 24-hour operation, Commissioner Salas asked the time of the meeting, Ms, Nevins replied that it was held at 6:00 p,m, Commissioner Willett stated that he had visited the Texaco Station and Unocal, both during the day and at night. Regarding noise, he observed one two-story home on the south side of Orange Avenue and east of Melrose that he would be impacted, Regarding lighting shields, there were four lights which possibly could be extended downward slightly which could take care of the spreading of the illuminatio,n of light across the lot, He was impressed with the cleanliness and the landscaping of the Texaco station, This being the time and the place as advertised, the public hearing was opened. Michael Radecki, 1460 Nolan Court, Chula Vista, a resident of the community. said his biggest problem was that the Texaco Station had been operating in violation of the Code for over a year, as had UnocaI. Any action taken by the Commission to approve the request would reinforce violations of the Code. He was not opposed to the business, but felt there was a limit to what residents should have to tolerate, Mr. Radecki said the Code for the CoN zone was enacted for a reason but now it didn't maner. He felt that said that the quality of life for the people living around the gas stations didn't matter. What mattered was to keep the business in operation. Regarding the petition circulated by the gas station, Mr. Radecki noted that some of the signatures were from the gas station itself, and he questioned the validity of the signatures, He did not feel they were all in the neighborhood, He felt approval of the request would set a precedent. Regarding Police Department enforcement of the noise violations, Mr. Radecki did Dot think the residents would get any help there. . Aaron Radecki, 1460 Nolan Court, Chula Vista, son of Michael Radecki, stated that he had a problem sleeping because of the traffic and the noise from the gas station, and the lights which shine in his windows. He hoped the station would not go to 24 hours, so he could get a good nigh's sleep. . Susan Radecki, 1460 Nolan Court, Chula Vista, wife of Michael Radecki, stated that since the gas stations had been closed and not open for 24 hours, the noise had decreased. The children had slept a little better, She felt the City would show by granting the 24-hour operation that they did not consider the quality of life for the residents and didn't care. Commissioner Willen asked if Ms. Radecki lived in the two-story house behind the 7-EIeven, Ms. Radecki said that was the Annintrot residence, but they were Dot able to attend the meeting because of family illness. She indicated she lived on the right side of the two-story house, as you face the house, Mark Aragona, 287 Sandstone Street, Chula Vista, complained of the noise. He conCWTed with Commissioner Willen that the establishment was well-kept and neat; however, it was so large that people took advantage of some of the parking areas to change their tires and tried to fix their cars in the middle of the night. On several oa:asions, he had asked people to keep the noise down so he could sleep, only to have vulgarities shouted at him, He had called the police, but they could not respond immediately to a noise complaint. They never responded. Vern Shotwell, 287 Sandstone Street, Chula Vista, was opposed to the 24-hour service. He stated that he believed in business, but not in a residential area. He lived directly across the street, and could see the station from his sun deck. He stated that the men who worked at the service station would drop the heavy lids, which covered the tops of the underground gas tanks, at 2:00 a.m. When the level of gasoline was checked, the same thing happened. During the day at 5:00 p,m, he couldn't hear the news because of the traffic noise. At night, the noise from people working on their cars came into their bedroom. He noticed a difference when they closed down at 11 :00, Phil Schanberger, of Gary Engineerin&, 5125 Glasgow Dr" San Dieeo, consultant for Texaco Refming & Marketing, Inc., stated they had held a meeting on 1uly 6th with the residents. They had mailed 279 letters in a radius of 500 feet surrounding the station, There were five people It the meeting. Mr. and Mrs. Radecki were not in ltundRnN'. Three people had nothing against the service station being 24 hours; the crime prevention captain had some concerns- Texaco Was eager to meet with Mr. Fletcher lbout crime prevention and also with Mr. Meng from 7-Eleven who is the head of BusiDess Alen, which is dmilar to Neighborhood Witch. Regarding the lighting problem, Texaco Igreed to change the lighting from fluorescent tubes to a directional lighting with the use of reflectors, Mr. Schanberger stated that a lot of the service station owners honestly don't know they are violating the Code. He suggested that I condition be Idded that "no automotive work would occur after 6:00 p.m." He stated that none occurred It that time with no drilling or lutomotive work going on It night. If there is a noise problem, Texaco encouraged phone calls to Texaco Refining and Marketing who would address the matter. The station manager would be told to discourage any loitering; the Police Deparnnent had already set it in motion; Texaco has a crime prevention training class the workers go through, Texaco could have deliveries early in the mornings rather than at night. Since the station owner agreed to stop the 24-hour operation, the next week and the week of July I, his station was tagged in the back and beer bottles were found. Mr. Schanberger showed photographs of the areas that were tagged. He DOted that &he servIce rad DOt sell alcohol. Answering Commissioner Willett, Mr. Schanberger stated there was only ODe operator on duty between 10;()() p.m. and 7:()() a,m. The operator worked through a pass-through window after lO:()() p.m, and no Olie was able to enter the station. Commissioner Willett asked if that person could leave the office to see if anything was going on in back of the station. Mr. Schanberger replied that they often left their seat, if no one was around, to empty the trash, after locking the front door, They could check around the station, There would also be a system with the Police Deparnnent to get a regular passing through of a police officer. Commissioner Tarantino asked if the violations of the City's performance standards would be corrected whether or not it went to a 24-hour operation. Ms. Nevins replied that they were required to meet the performance standards regardless of the time extension. Commissioner Thomas stated that from IO;()() p.m. to 6:00 a.m, there would be a gross profit of approximately $30. He questioned how that was a profitable operation. Mr. Schanberger stated that many of the nighttime customers were also daytime customers, and without the ability to pull in late at night, some people would become frustrated and take their business elsewhere where they could go at any hour day or night. Since they were closed at night, they had already shown a drop in profit even during the daytime hours. There might not be a lot of profit at night, but it was also reflected during the daytime. Commissioner Thomas stated he had for seven years been a service station manager. Five of those years, he ran a 24-hour operation. When he changed from 24 hours to DOrmal hours, the company did not suffer much decline. He did DOt believe it hard to find it would be a benefit to the community. Mr. Schanberger stated that this particular station tended to bave I lot of repeat customers because of its setting. There were a lot of residents in the CoN zone who used the station. Commissioner Willett asked if Texaco would put security cameras in the back of their station. Mr. Schanberger said that was DOt discussed. They bad discussed trimmi", the hedges behind the station to allow more visibility to the rest of the ~nt. behind in the parting lot, 10 there would not be the hidden element between the bushes and the back of the station, The cameras would go inside the sales area. No one else wishing to speak, the public hearing was closed. Assistant Planning Director Lee noted that there was a petition signed and submitted by the applicant which carried approximately 500 signatures. At the Commission's request, he showed a locator which indicated those living in the immediate area. He noted that there were no signatures for anyone living on Sandstone Street immediately opposite the station or on Nolan Coun directly east. Commissioner Ray noted th~.t the station had only one complaint duriLg the time th:;y had been in operation for 24 hours in violation of the Code. Subsequent to the plAnning Commission meeting of June 14, they had ceased the operation. He asked why the recommendations regarding lighting, etc. had not been included as pan of the conditions. Ms. Nevins replied that it was included in Condition B in the resolution. Commissioner Ray asked if the Planning Commission had any authority in requesting any neighborhood patrols or senior patrols to frequent the area. Assistant Planning Director Lee said he could consult with the Police Department and pass on any concerns of the Commission. Ultimately, that body is controlled by the Police Chief under the jurisdiction of the City Manager. Commissioner Ray stated he still had some misgivings relative to the conditions. He would like to see conditions specific to the lighting and the written terms on Attachment A, which had to do with crime prevention training for the employees. He would like to see it enumerated in the text of the resolution. Given that and the fact that it was for a period of only one year and subject to review at that time and that they must submit a new application to the Zoning Administrator prior to the deadline of that one-year period, he could reluctantly support the 24 hours, if those conditions were changed. Commissioner Davis had some misgivings. She wanted to know bow to balance out making an exception to the rule, especially for someone who had been violating the Code. What was the economic benefit to the exception? She was in support of business expansion and development, but looked at this as being a commercial zone surrounded closely by residential. She felt the residents were too close to the station. She felt if an exception to the rule was made, that it should be an overwhelming reason, She thought $30 a night was DOt an overwhelming reason, to the detriment to the quality of life of the residents close by. Chair Tuchscher asked staff to comment on the background of a CoN zone, specifically relative to the guidelines for timing for businesses to be open and some ""''''P1es of exceptions to ~t. Assistant Planning Director Lee gave the history of the CoN zone. which was to provide for those services located in close proximity to resideDCes and noted it was the only zone in which there was a specific limit on the hours of operation, in r=ognition that people have the rigbt to a quiet evening. The areas in which extensions of hours have been granted have been primarily involving ?-Elevens, since that was the typical marlcet located within neigbborhood centers, providing a service to residents. In this instance, it was a more difficult call in terms of whether or not it was more disruptive to the neighborhood and to what degree, With staff's recommendation, with the conditions being recommended, it was worth proceeding on a year's basis. Commissioner Thomas questioned whether the applicant had given staff any traffic flow numbers, customer based, to SUpPo" any of their claUns. Ms. Nevins stated that other than customer counts during the evening, no other figures had been requested for any differentiation during daytime business, Commissioner Thomas felt this was a COIpOrate move for an image, and was made at the corporate level and not at the communi.y level to serve the community. He WI.:i against the extension of hours. He concurred with Commissioner Davis that if an exception to the rule was made, he did not see a major advancement for the community. Commissioner Salas expressed her admiration for the Radecki family for being concerned about their neighborhood and involving their children in the process. To make an exception to the rule, she felt there should be a compelling need on either side-whether there would be a substantial economic benefit for the company, or whether or not there was a need for the service in the community, Whether or not it was extended, she did not feel the ambient noise and traffic level would be diminished enough for the residents to get a good night's sleep. She noted that there were four other 24-hour gas stations open close to the neighborhood, two of them in very close proximity to freeway access. She did not feel there was SUpPo" in the neighborhood. She would vote against the request for 24 hours, Commissioner Ray noted that the Scoreboard and '-Eleven were in the CoN zone and were allowed the extended hours. Given the proximity to the residences, there were not a lot of complaints registered against those businesses at that time. He felt the stations should be given a chance to fail before denying them any opportunity. He felt the City should look at the CoN zones to close any loopholes. Commissioner Tarantino was concerned about the quality of life-the cumulative effect of noise and traffic. He felt there would be a deterioration in the neighborhood. Somewhere along the line someone thought the CoN zone regulations were good and served the purpose, and he would vote to preserve the neighborhood. Commissioner Willett supponed Commissioner Salas' comment about the young people coming forward and commended the Radecki's. He had visited the area twice in the evening and had observed the ambient noise. There had been several cars with boom boxes, traffic was beavy, and two vehicles had skidded through. He supported Commissioner Tarantino's comments regarding the quality of life. He stated he would suppan staff's recommendation with the caveat that the proponent modified the lighting. He supported the Police Department', recommendation for a surveillance camera on the back side of the station to decrease the araffiti. He was concerned that if the station was limited to hours and there was no real aecurity in the area, they would be subject to a lot of graffiti, He stated he found the largest amount of DOise was coming from the '-Eleven adjacent to UnocaI where people gathered around the telephones, along with the music. Commissioner Thomas was concerned that if special consideration or financial profitability were eliminated, there would be no purpose in going forward with the request. Chair Tuchscher explained that the extension was allowable in the current zoning; it was not a conditional use permit; it was a discretionary decision and all of the issues presented by the public should be taken into consideration; they would Dot be setting a precedent. He also commended the Radecki's for allowing their children to take pan in the proceedings. Chair Tuchscher felt the project was not negatively impacting a large segment of the Deighborhood; the 500 signatures were compelling from his standpoint; he felt people were creatures of habit and it would have a long-term effect on the company's business. He liked staff~ recommendation of a one-year extension; Texaco would have to come back with another application before expiration; if Texaco failed to live up to the conditions, and the Radecki's and others were not satisfied, they would be back before the Commission and the Commission would know about the failures. MSF (Ray /Willett) 3-4 (Davis, Salas, Tarantino and Thomas voting against) to adopt Resolution PCM-9S-14 approving a Z4-hour operation for the service station located at 1498 Melrose Avenue, based on the findings and subject to the conditions contained therein, including Attachment A and those findings. MS (Davis/Thomas) to deny the request to operate the gas station 24 hours a day at 1498 Melrose. Commissioner Willett questioned if the hours of the station, in the case of denial, would be would be 7:00 a,m, to 11:00 p.m. Staff answered affmnatively. Commissioner Ray pointed out that the station also had the option to keep their automotive bays open until 11:00 p,m. to do repairs on vehicles as well. Assistant Planning Director Lee answered affirmatively and said that was in keeping with the CoN zone standards and performance standards. Chair Tuchscher clarified that the CoN zone allowed operation from 7:00 a.m. to 11:00 p,m. The ability for the Planning Commission to limit the operations of the service bays did not exist if they complied with the current zoning. The only way to limit that would be by approving the 24-hour use with some conditions, Commissioner Thomas asked if all businesses approved for a CoN zone would be under the exact guidelines. Mr. Lee stated they would be under the same hours of operation. In the case of a service station, they would have a conditional use permit which could be reviewed to see if there was any specific language on the limitation of parking bay hours. The hours could not be arbitrarily limited. Commissioner Davis said the resolution stated DO limitation to the bay service hours, By going with 24 hours, the Commission would DOt limit the bay service. Commissioner Ray stated that in his motioD, he had asked that the items OD Attachment A be included, in which the applicant had committed to stop their service at 5:00 p,m. RESTATEMENT OF MOTION: To deny the request. VOTE: 4-3 (Ray, Tuchscber and Willett voting against) Commissioner Thomas noted that if the neighbors found there was a noise problem with people workiJ1g on their cars at 10: 30 at night, they could come back to t1:e City with a comp1aint. Mr. Lee stated it would go to the Police Department. The Texaco conditional use permit could be reviewed to see what the approval language set fonh and if the noise problem was addressed. TInS PAGE INTENTIONALLY BLANK ~ ~ -._-.- Exc:emt frnm Draft PI.n";"~ r.nntm;csicm ~~s of 6/1'1O~ ITEM 4. PUBUC HEARING: PCM-95-14: REQUEST 1'0 OPERATE A OA$OIlNE STATION 24 HOURS A DAY AT 1498 MElAOSE AVENUE IN 1HE CoN . \ (NEIGHBORHOOD COMMERCIAL) ZONE - Teuco 1WiDiDI ad Marbtiua, ..IDe.. . ,_ ~ . "'-" - -~. .- ~"...;' .-... PriDcipaJ PJaDDer'Gnmn pve Ihe IIIft'report, ad DOred Ibat Ihe NeJahborhood Q1n...~....ial Zone limited &be baurs of operation. He JWed Ibat Ihere wu ODe complaim em file ad Ihere had been ODe police IeI'Vice call to Ihe lite. Staff had ncelvecl a Jeaer ad a petition by 16 lIUTOWIding residents expressing COIICeIb5 with Ihe IrIffIC ad noise JC:Dmted in Ihe area, Staff recommended adoption of tile resolution, but acceptiz!a &be Ieaer ad petItiOD ad any public lleStimony and comments. Commissioner Salas questioned &be statement that &be station had been operating on a 24-hour basis for a time. This being the time and the place advertised, Ihe public heariJJa wu OJ'f'Ded. Susan Radecki, 1460 Nolan Court, Cbula Vista, JWed Ibat Ibc Iiva """INt UnocaJ and 7-11, with Texaco across the street, There was a concern about 1ratf'IC, ad about dIildren aeuing peaceful sleep. When the windows were]eft open in &be ~, they could hear alIlhe noise. When they were in &beir back yard, &bey could hear iflhere wu a robbery below. Commissioner Willett asked her to point to her residence. Clyde WWiams, 9966 San Diqo MIssIon Road, San Dieao, ~ Texaco. uked that his time be given to Mr. Schanberger. PhilIp Scbanberger, 5125 Glascow St., San Dieao 92117, Iq>. [... ..Ii"" Teuco, addIeaed the concerns regarding the petition, He aid noise wu a legitimate consideration. He polmed out particular residences impacted. Regardina noise at Ihe llation, Ihe 0WDm !lad DOt done any mechanical wort and there were DO tow tnIcts. ReprdiDa crime, they do bufiDet.1brough JIass windows. The altercation which had been reponed Cll'iJj-ted off.. '!be clerk called Ibc Police Depanmem, tben IlrIrldldiately called bIct ad IIated they !Iad)eft, Taaco had cIasse. where clerks Ieam crime prevemion ad how to IeCUI'e W......Dff. '!be Police Det-~ had liven approval of 24-hour operation. PI-"", had Iftoted into Ihe crime ad craftic. TraffIC of ambulances, lOW Inlets, etc. would DOt Itop if Ibis IIIdon wu DOt apeD at JIi&ht, '!be noise factor wu comiD& from doors cJoam, or COD\....ation, He did DOt IbiDt DOlle WU a major factor, with only 20-50 customers per JIi&ht. TIley !lad IKcn down Cbeir 24-!Iour 1Ian. He thought it wu a ICMce Ihe ."."..,unity could use. eo..-I.'ioner PulJer asked if pl_nnl, had given -wrovaJ to allow 24 !lour operation. . --~~-- ----- "---- --._-- - -/ . Mr. Schanberger ltated dlat Ibey wm in Code complim:e which IwlItated 'that IS lema they , wm operating in good faith, they could operate IS I 24-hour llltion. WhcD Iiahrs go out, there wou.1d be araffiti, etc. Principa] Planner Griffin stated dlat be did DOt reca1J the PI_""i, Depanmem authorizing c:ontiDued operation. It may be Code Ellforr-..''"t PU""i'll would DOt authorize I!ftIItin"n.,g violation of Code with I complaint 011 file. . Cmmnicsioner Willett laid be IwI driven by the lite, He ubd if the rompany Iwllooted into any other types of liahtiDg. The u,ht reflected off Teuco aDd UDOCIJ across the street. TIley could use some of tbe DCW low Oood liahts. Mr. Scbanberger replied dlat tbey could install .--~ 1iaJ'ti",. Safety WIS an important consideration since people IwI been -"-cked ~hi"" the ltation. Commissioner Willett said the ltation presently had hiah, almost vertica], u,htiDg. CouJd the ltation look into some other type of liahting. Chair Tuchscher asked if they continue operation, the Cnmmiccion could ask them to look into I different type of liahting. Since there was DO other discretionary action, II would bave to be I condition placed that Diaht, or continue the iran to another Dight. Commissioner Willett said be would like to see the ligJIri", c:hanaed on the IIItion across the street also, not just to Texaco. Mr. Schanberger said that in 1992, the Commi'sion IwI approved I food Itore aDd carwash. Akr lengthy stUdy regardin& DOise, the food store was approved with DO alcohol Illes. The 7- 11 geDCrated the noise up the street. Commissioner Ray asked if they were DOW in operation and DOt in complim:e, why IwI there DOt been any action. There would typically be imposed some son of action for DOJH:Omj.Iliance. Principal Planner Griff'm replied dlat ItIff should bave made it clear dlat Ibey Ibou1d bave gODe to restricted hours, His impression was dlat City ItIff allowed them to <<...It...~ while processing, Commissioner Ray laid dlat alona with this ltation, lie ....quec,f that I nmn'- of buJlne.lf. in the area wm in violation IS weD. PriDcipal Planner Griff'm stated dlat UDOCIJ clearly was in violation, 7-11 was II)'iq to &vo.-nt dlat Ibey wm in operation before the Code was adopted. Stat'f' could DOt retroactively IIqUire them to reduce their bOIIn. Assistant City Attorney Moore ltated dlat if I use was in uistence before the Code came into place, it was grandfathered in, It would need to be raearcbed. --- -- _. - . .=.=-..:--=----=-:::...~-- ----- ~ ~, Commissioner Ray commented that be would ratber bow if 10 or 12 were in violation before chaDaiDa the zone. Assistant Attorney Moore aid it was COIIIIDOD pI~ wIleD Ibm was a ZoDiDa Code violation to ask tbem to come in compliance with die ZODiD& ordi..._. 0Ibers are beiDa told that riley need to come in compliaDce by ........1.. before die PIa....iIta C-Iqjon. .. CommissioDCr Ray asked what happened If they were &.n~ aDd If aD)' of die ",lines. were to continue operation aDd DOt be in complilDce. Assistant Attorney Moore said die City would briD& crimiDal action .ma tbem. Commissioner Ray questioned why that type of action bad DOt already beeD pursued. Assistant Attorney Moore stated it was typically based on a complaiDt. Principal 'Planner Griff"m stated that traditionally a violation was omy enforced upon complaint. If a City employee tnlising IJ'OUDd found violations. it would have to be addressed Citywide. The Radeckis had complained about 7-11. Unocal aDd Teuco. TIley bad written official complaints on those three issues. . Commissioner Ray said it bothered him that we are reactive rather dIaD proactive, Assistant Planning Director Lee stated it was DOt somethina that statr would typically '0 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 tile same type ofproc:css. Mr. Lee said it was important to hear from the neighbors as to whether it works in die nei&hborbood duriDa evcniD& hours. Staff could come back with all three and give a rundown as far as tile City Auomcy's office aDd CooeEmo~em. ' PrincipaJ Planner Griffm noted that tile Scoreboard IDn was approved to ..y open umiJ 2:00 p.m. a few years ago. Commissioner Salas asked bow many employees were typically worldDa die Ihift between 10 p.m. aDd 6 a.m. . Mr. ScbanberJer replied that there was ODe employee duriq 1boIe !lours. Ccwmni~.ioncr SaIu asked If it would be a IilDifIClDt burdcD 10 die h''"'-I to ratrict dleir hours. Mr. ~han,,",,&cr answered aftinnatively. 'Ibm were probably more de1iwriel in die .......~r. He said tbey would probably IoIe day ~MVuIm U we1J u 1Iiib1. c.rt l1etcher, 262 S8IIdstoDe St., Cbula VIsta. .......~DtIua Na,hborbood Watch, IIid that Oranae Street residents have windows on tile north side. TIley have a problem with Ii&ht mini", . . in their windows, fumes, etc, They asked that the 24 hours DOt be approved. He ........lne<! a petition represent,,,, 12 households, .. No ODe else wishing to speak, the public hwiD& was closed. o-m,uioner Fu11~r said &he was CODCe11Ied that Ibere were two odIer rn.......tia that were beiDa bvestigated l.y either ZoDiD& EDrOl'taDtDt or City AuDrlll!:Y reprdiDa complilDce, She did DOt think the Commission Ibould wait on diose. She was UDCODIfonable ill the fact that this would set a precedent IDd that the business bad operated four years ill violation of the ord,""....~. It was the oWDer'. responsibility to blow that wilen be m""'~ IUs bours aw be was within comp1iaDce or in violation. She feh the Comm,uion Ibould listen to the complaiDts of the ueighbors. If the Comm"sion gave their approval to start operatiDa on a 24-bour buis, it would iDcrease their business. She was opposed. Commissioner Ray concurred. He besitated to vote for this project without takina them cumulatively. He would be more apt to vote for conriml.....~ while c:urreDtly restricting the bours between midnight IDd 6 a.m. Commissioner Salas conCurred with Comm'.sioner Fuller. The mon bad been out of compliance for four years, They did DOt Deed to comiDue the hwiD&. The business was in violation. If they continued this item, the Ccn-nml"ion was Id1ina other hl~U that they may allow these kinds of violations of the zonina code. MS (Salas/Fuller) to deny the request to ateDd the boun. Commissioner Willett supponee! ltaff's inability to monitor. He asked ifUIIOCIJ IDd '-11 could come in with some lighting. He asked if this item could be CODtiDue 10 iliff could work with P,OyI;rty owners in the area regarding lighting IDd iDstallation of sound -.......ting walls on the DOnheast comer behind the UIIOCIJ, There was insufficient IhNbbery to reduce the lIOise, 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 Deeded to be addressed-lIOise, lighting, IDd other potcDtiaJ sales. Tbose iaues Dee(!ed to be addressed, taking into .~ what the lICighbodlood is JookiDa for. The CODCe11IS of IlaJ'rina, lIOise, etc, could be mitiaated. RESTATEMENT OF MOTION: Tbat the ".""'111 Owmn'..... deIIy tile requflt far Teac:o' to ateDd tbeIr IIoan to 24 boun. VOTE: 2-3 Yes . Owmn'-'onerl Salu _d PuDer No . C-nt'-'ODerI .....h.....oer, Ray. WDIett Tbe motion falled. -d"'- ~ ~\ MotIOD by C..........lmODU Ray to d1nct stair to work wItb the 8JJpllcat'1II reference to the DeJahborhood CODc:enu to reac:h alutlODS. Assistant PI.""i", Director Lee said Itaff IbouJd be able to complere iDvestiaation reprc1jna the ocbcr comp1aiDts, and DOdce die IUlrOUDd neiJhborboud IS far IS die IDtem to Illow 24-hour businesses. Mr. Ori1rm Slated tbey would DDCice at 500 feet, eo........i.sioner Ray asked if it was within die Cc--iu:ioD'S jurisdiction to uk for limited hours at this point. and if tbey could uk that die orrti...""", be III c:omplWx:c ""''''''''i.t''1y, Assistant Attorney Moore IUllested ulri'!l for IIIvesti,ation of die c:urrem ltation III I'eSpoDSe to Code compliance III that area and report back ft,ardiJIa Code c:omplWx:c. Chair Tuc:hscber stated he would like to lee die total IllUDber of 24-hour operations. RESTATEMENT OF MOnON: To coDtfDue the Item until the ItatiOD has had IUlDcieDt time to address the limes at this lite ad then brouaht back to the r.........lmOD. Cftlllml.~ODer Willett asked II they could add the lime of IJptfDa, ........IIJ'. ad DOIse CODCems. The maker of the motioD coDcurred. The motiOD WIS IeCODded by o-mlmoDU Willett. Commissioner Ray asked if Code Enforcemem was DOW forced to do IOIIICtbiDg today, Mr. Lee stated that Texaco had DO authority to operate beyond 11 p.m. Commissioner Ray CODUDeDted that die business 0WDm IbouJd be motivated to ,et die issues raolved to ,et staff's repon and back to die PI.....i'!l enm....i.sioD. CommissiODer Fuller DOted that four votes would be Neded to pus die motion. She was ready to take acUOD to deny die e~"1IIioD. Ccm-i.sioDer Ray laid he also imPDCled to deny. It had been 10m, on for 7UrI with DO comp1aiDts, He was JiviDa diem a cluo~ to come up with altematiYeS. VOTE: ...1 (Salas Yotiq .,.111" the ......Iluuaac:e) ... '-", TInS PAGE INTENTIONAlLY BLANK ATTACHMENT 6 DISCLOSURE STATEMENT THE CITY OF CHULA VISTA DISCLOSURE STATEMENT '! \ U .He rcc..;:JlrlJ t,\ ril~' J Sl.Jll'n1dll (,r DI\c/osurc ()( U.'rtalrl (\"'n('~hlr or nn~lnl,;la! !nl('fc......I~, pJymcnts. or' c:.a.tnrJ,t:,n _,iI',lrl~ull;)n\ (ill ,Ji> n~dl'Cf' V.!\J~.1 "'1;1 rLqulrc (jlscrCIIOniJr)' aCllun ()n !h<.: part uf Ihe ellY CounCIl. Plo.Jnnlng Comml~Slun, ilnJ dll ulller olfl(I..11 huul!.:s The (uIJo....lng InIurmation muSI bc <.hs\,:lusl.:J LIS! Ihe names o( all pcr\un... having a financial lnlcrc.st In the properlY whl<.:h is thr 5li~Jt(1 u( the arrIIC.atl,)!1 ur Illl' wnlraCl, e,g, o\.',-n(.'f, applll...Jnl, cuntracIOf! subCOnUa(IUr, n1.Jtcrlal ~upplpcr TE\',\U' R'.!'I,l~C (. ;-1,\RKETlNC, I,C, <390') S,:Ul Diego ~'issi()n Road San Diagv, CA, 9210~ Att'n: Clyde Williams; 619/283-7376 If an:r person' Ilknldll'U rlJr'U;IT11 1(\ (I) ahuvc I!I a C\Hr\l[dlll1n or raf1ncrl.,hlp, list the nam('.,~ (1ra!llndIVI(JuCl:.~ o...n:l1~ I1HHl' ll1.lJ1 JIJ{fr I,J[ il1l' "h.J{~\ In I)H,: l(HrO{~.HI()n Uf (}......11Ing ,In) purtner~hlp InlerC."1 II' (tH' r,lrlnCr:-'~\Jp nOI\!.! If urn pl'r'-(\r1' luenlllll'J r'lJr~UJnt 10 (I) above I~ non.pn,1"11 organli'..allon or a Iru~t, ItSI Ihe name.s or any rl'~()n sCf\'lng as IJ!f(,;llur ollt1l nun,plu(jl organlz.alJOn or as IruSI~ or bcnc/')uJry or lru~.,(or or lhe trust. none 4 Have you h:ld more Ih;Jn S2S(J worth or businc.s~ Ir;JnsJltcd with any mcmher or the CI!)' ~tarf, BoarrJs, Comml~:'I()[\", Commlttce,,,, and Council v.llhln lhe past Iwclvi.: rnunlh~'.' Yc.s_ No~ J[ yes, rlca:-.c IrHJIUI!C pi:rson(s)._ P!c;JSC j(jcnldy l':'hh and e\l'f) p('r~on, Including an~ agl'nl.\, emplo)'cC-.\, cl)n,\ul!al\l~, or Inucrcndcnl contractors Ioi.ho )'liU hJ\.l: a::.::.lgrll'u 1U rcprc,,>-.:nl >uu before Ihc Clly In this malter, Clyde \.,'illL'I:lls I Dave Matt~son ~l.lp Sch(oInh<.:'r~;l') GARY ENCINI:r:ldN(" INC, (,90l ~jorena Blve!, Ste, 30L, 0<111 Diego, CA, (12:17 Phone ~ 019/283-7376 Phone V 619/'83-0020 b Have you and/or your orrlCers or agcnls, in the aggregale, conlrlbuted more than SI,CXXIlo a Councilmember In Ihe current or preceding elcelion pCrlod' Ye.s_ No~ If )e.\, state whICh Coune;!member(I), TEXACO RITI,n;c 6 ~L\RKETING, INC. \)(l{,j t':lFl 1)1 6~ "'(i~LJ.I.~1' !tLJsr;;! S':111 Dit:j!,\.'. CA. 921GB . . . (NOTE: Dale \0- ";0-9<; Philip Schanberger c/J Gurv t:t1!!il:VL"L ll,l.! Print or type name of eonlraelOrlappllcanl , PI'J' "r IJ dt(rllcJ aJ "'A "r 1/1,h\ ,d...;i'inl'\, (,o'run!l~J'lIp jOll1' ....cIA/I( Q..lJu(jall()l~ J()Cjul club, frQlmlai orglllllU'/IIOn (()rporall()1!. (J/(JIt, In.6.N, rtC(iV'(1', J)-'jJ, { ;;I( Jw ~"..i WlI) Olht:T CU14/If), {II) im,i <Chl",,! (jf) 1n..111( Ipa",>, durrJ(~ or 0/11(1 po/lII{al ^,bdJ\'~'ol~ or 011) U(I1(T tr()(~O 1')' t"1')1,,/'I"'''''(lf! (!('(Ulg A' (! k'(H.