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Home My WebLink AboutPlanning Comm Rpts. /2005/10/12 AGENDA PLANNING COMMISSION MEETING Chula Vista, California 6:00 p.m. Wednesday, October 12,2005 Public Services Building Council Chambers 276 Fourth Avenue Chula Vista, CA CALL TO ORDER: Madrid_ Felber_ Nordstrom_ Cortes_ Hom_ Bensoussan_ Tripp_ ROLL CALL/MOTIONS TO EXCUSE PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE INTRODUCTORY REMARKS ORAL COMMUNICATIONS Opportunity for members of the public to speak to the Planning Commission on any subject matter within the Commission's jurisdiction but not an item on today's agenda. Each speaker's presentation may not exceed three minutes. 1. PUBLIC HEARING: PCC 05-53; Consideration of Conditional Use Permit proposing an outdoor seating area associated with a fast food restaurant (Baja Taco Shop) to be located at 1052 Broadway. (Quasi-judicial). Project Manager: Ann Pease, Associate Planner 2. ACTION ITEM: PCA 05-02; Direction on Policy Framework for Proposed Regulations for Check Cashing, Deferred Deposit and Payday Advance Business. (Legislative) Project Manager: Nancy Lytle, Assistant Planning Director Planning Commission - 2 - October 12, 2005 DIRECTOR'S REPORT: COMMISSION COMMENTS: COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the American with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, request such accommodations at least forty-eight hours in advance for meetings, and five days for scheduled services and activities. Please contact Diana Vargas for specific information at (619) 691-5101 or Telecommunications Devices for the Deaf (TOO) at 585- 5647. California Relay Service is also available for the hearing impaired. PLANNING COMMISSION AGENDA STATEMENT Item: Meeting Date: 10-12-2005 / ITEM TITLE: Public Hearing: Consideration of Conditional Use Permit, PCC-05-053, proposing an outdoor seating area associated with a fast food restaurant (Baja Taco Shop) to be located at 1052 Broadway. The owner of the Baja Lobster restaurant and nightclub at 1060 Broadway is requesting permission to provide all open air seating at a new fast food restaurant to be located in an adjacent building at 1052 Broadway (see Locator). The entire project will consist of the conversion of the existing building by opening up of the east side of the structure to provide outdoor seating, and the addition of a fake straw (palapa) roof to cover the seating area. The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed project qualifies for a Class 3 (new construction or conversion of small structures) categorical exemption pursuant to Section 15303 of the State CEQA Guidelines. Thus no further environmental review IS necessary. RECOMMENDATION: That the Planning Commission approve the proposed outdoor seating at the new fast food restaurant, with a limitation on the hours of operation for the restaurant, among other conditions of approval. BACKGROUND: The property where the project is to be located is on the west side of Broadway, on the southwest corner of Broadway and Crested Butte Street. Immediately to the west of this parcel is a well- established single-family residential neighborhood, separated from this property by an alley. Immediately to the south is a nightclub, owned by this same applicant, whose intent is to use the two adjacent parking lots for both businesses. At the time that Design Review approval of the taco shop was first applied for, the only physical issue of concern to the Fire Department and Planning Division staffwas the proposed roof. The planned palapa represented a fire danger and required additional prevention devices to obtain Fire Department acceptance. Following submittal of a careful analysis of the roof material, Fire Department and Planning staff were satisfied that the flammability danger was negligible. There was, however, one additional concern still to be addressed, that being approval of the outdoor eating facility associated with the taco shop. In order to approve that facet of the business, an application for a Conditional Use Permit had also been applied for. Staff was prepared to consider both the Design Review and Conditional Use Permit applications for approval administratively. Public notices to that effect were sent out on June 20, 2005. Page 2 , Item: Meeting Date: 10-12-2005 Upon receipt of the notice, a large number of the neighbors whose homes were immediately to the west of this parcel called staff, expressing concern about the addition of an open seating twenty-four hour taco shop adjacent to a site which was already the subject of a great number of complaints to the Chula Vista Police Department. The neighbors said many complaints had been made relating to noise, traffic and parking throughout their residential neighborhood, as well as site specific issues relating to the restaurant/night club operations. The neighbors felt that a fast food restaurant with outdoor seating that would remain open twenty-four hours each day, would exacerbate the problems they were already experiencing. Hearing about the concerns described by the neighbors, staff checked with the Police Department, who confirmed that from January 1 until June 27, 2005, twenty-two complaints had been noted for 1060 Broadway. The residents insisted that additional complaints had been made, however, the Police Department have probably filed them under Madison or Jefferson Avenue addresses making it difficult to associate them directly with restaurant patrons. With this information, staff advised the applicant of the need to postpone the administrative approval of the applications and scheduled a neighborhood meeting to provide a forum for further discussion of the issues concerning the neighbors. The meeting was held at 7.00 p.m. on June 30, 2005 at the Harborside Elementary School, and was attended by seventeen neighbors of the proposed project, one of whom brought a petition which had been signed by sixty-four residents. All attendees were adamant that the taco shop should not be allowed to open, expressing great concern about potential exacerbation of existing problems at the nightclub at 1060 Broadway. They were thus informed that the request for outdoor seating at the taco shop would be brought before the Planning Commission. The applicant did not attend the neighborhood meeting, therefore a subsequent meeting was held with him to explain the neighbors' concerns and to see if any changes in the request would be considered. The applicant agreed to abandon his twenty-four hour operation and to modify building elements, such as restroom access and the addition of security gates that would secure the restaurant when closed. DISCUSSION: I. Site Characteristics The project site is at 1052 Broadway, currently the location of a now-defunct key shop and sewing-machine repair facility. Since the previous businesses have been closed for some time, nightclub patrons of 1060 Broadway have been using those parking spaces. The applicant intends to use the parking for the proposed taco shop (that being thirteen regular spaces and two handicapped spaces) for the nightclub as well, which only has twenty-two on-site spaces. The parcel is bordered by an existing single-family neighborhood to the west, with adjacent houses backing up to an alley that serves the rear of the commercial parcels Page 3 , Item: Meeting Date: 10-12-2005 along Broadway. The residential neighborhood, which continues to the west for a quarter of a mile, extends to the south for only one block, but to the north for several blocks. A variety of existing commercial uses are on Broadway, both to the north and south of this parcel, as well as on the other side of the street. 2. General Plan, Zoning and Land Use The project is located in the Commercial Thoroughfare (C- T) zone, and it has a General Plan Land Use Designation of Commercial, Montgomery (CMO). The following table specifies the types of land uses surrounding the project site: Site General Plan Zoning Current Land Use North: Commercial C-T General Commercial South: Commercial C-T Nightclub East: Commercial C-T General Commercial West: Single Family Residential R-l Residences 3. Proposal The applicant proposes to remodel the existing structure at 1052 Broadwa)) converting it into a fast food restaurant (a taco shop) with outdoor seating (see Site Plan of Attachment -->. The intent is to use much of the existing building, but adding a palapa roof over the new seating area that would extend towards Broadway. The balance of the site has been redesigned, providing a trash enclosure and landscaping, as well as fifteen parking spaces. The reason for this review by the Planning Commission is the intent to serve the food in an entirely open dining area, which is contrary to the CT zone requirement that uses be conducted within an enclosed building. The applicant originally proposed to keep the taco shop open twenty-four hours per day, seven days a week. As noted in the Background section, the applicant has now agreed to close the business for evening and early morning hours each day. No specific hours were submitted for staffs consideration; therefore, staff is recommending hours from 7 AM to 9 PM daily. The restaurant would be secured with a movable gate around the dining area in a manner to be approved by the accompanying design review application. ANALYSIS: Section 19.40.110 of the Chula Vista Municipal Code specifies that "All uses in a C-T zone shall be conducted wholly within a completely enclosed building, except for outdoor restaurants.. . and other open uses specified under conditional use permits as determined by the planning commission. " Since the time that smoking was prohibited within eating and drinking establishments, the City of Chula Vista has routinely permitted some outdoor seating sections for a restaurant, usually Page 4 , Item: Meeting Date: 10-12-2005 without bringing the request before the Planning Commission. These requests rarely engender protests from neighbors. In this instance, however, neighbors have protested, and staff believes that any administrative determination is likely to be appealed. Therefore, this conditional use permit has been set for Planning Commission action. As noted in the Background section, the neighbors anticipate that a fast food restaurant with open-air seating and open 24-hours a day will have a negative effect on their quality of life. The Commission may hear testimony that if unlimited hours of operation are allowed, customers from the nightclub following the close of business are likely to create even more disturbances to people in the vicinity. For that reason, a condition is proposed for this Conditional Use Permit that would restrict the hours of operation. Another concern of the neighbors is parking, especially related to the existing nightclub at 1060 Broadway. The existing building has a seating capacity of approximately 250, which would require 100 parking spaces ifbeing established today. The site currently has 22 parking spaces. The reason for the substandard number of parking spaces provided for patrons of the nightclub is that the use existed prior to the Montgomery annexation in 1987. As a nonconforming use, the nightclub can continue to operate as long as no substantial change is made to floor space or operations. The establishment of this new food service operation on a separate legal lot at 1052 Broadway does not affect the nonconforming status of the nightclub at 1060 Broadway and will provide added landscaping and improvements that will improve the appearance of the immediate area. However, these improvements to meet current ordinance standards mean the combined parking for both sites would be 37 spaces. It should be considered that since 1052 Broadway could be sold and a new owner could make this parking completely unavailable to club patrons, conversion of this building into a fast food restaurant under the same ownership as the nightclub with staggered hours to prevent concurrent use of parking at peak demand periods will be a preferable alternative. Approval of a Conditional Use Permit to allow this business to operate any portion of its services out of doors will give the City the opportunity to limit the hours of operation and make it compatible with surrounding uses and be in substantial compliance with the municipal code. Conversely, denial of this Conditional Use Permit will not prevent the existing building from being converted to a fast food restaurant as such a use is allowed by right in the CT zone, so long as it confines seating within the building. Without a use permit, the site could operate 24 hours a day so long as they don't directly violate code requirements related to nuisance noise. A fast food restaurant is an allowed use in the CT zone and therefore could be considered consistent with the General Plan of the city. At issue is whether the proposed outside seating will, to a small degree, maintain that consistency and help accommodate the needs of residents throughout the South Bay, as well as the western portion of the City. Staff finds that, as long as there are controls on the seating outside of the facility, it is generally a use that will not adversely affect the policy and goals of the General Plan. Page 5 , Item: Meeting Date: 10-12-2005 Should the Planning Commission find that the proposed outdoor seating area associated with this restaurant would not be compatible with surrounding uses under any conditions of approval, staff has prepared an alternative resolution denying this application for Planning Commission consideration. CONCLUSION: Staff believes that this request meets the findings required for its granting and recommends approval of the Conditional Use Permit in accordance with the attached Planning Commission Resolution. Although the Planning Commission is likely to hear testimony strongly opposed to the request, if the Conditional Use Permit is denied, the applicant has the option of redesigning the building to provide all seating entirely within the taco shop without the need for a conditional use permit. This would eliminate the opportunity for the City to regulate the hours of operation through such a use permit, possibly leading to the kinds problems the neighbors are concerned about. Attachments 1. Locator Map 2.. Draft Planning Commission Resolution Approving PCC-05 -053 3. Draft Planning Commission Resolution Denying PCC-05 -053 4. Project Plans (Site Plan, Elevations) 5. Disclosure Statement J :\Planning\ANN\PCC\Agenda Statements\PCC05053.Agenda Statement-js.doc ...---......... \ \ \ \~ ~~ ~......-- \/\ \ ...........~ ...........~~~~ ~\' ~;=\ ~\ \\=:~/PROJECT ::\ \~ lOCATION ~\ ~(/~/=3 '. ~., \~~ ~~~\\\ \\ -=-~;====\ \ \ ~o \=:=~\" \\;...............~~~\\ \-......-- \ ~\ \ .......- \ \ \.......~\ --,~::- '/'Y-- ----\ \ ~ :=j:==)' \'~ -.......\ .~' /:.i \ --- \ I..- ~-~\ \ \ \ \ \~ \~\ \ \....................... ............... ~. Costco / Wal-Mart (Under Const.) Center Western Dental \ .....J ~eS S\ ............... ~O?~ ~~ ......-- \ \ \ \ CHULA VISTA PLANNING AND LOCATOR PROJECT (!) APPLICANT: Baja Lobster Taco Shop PROJECT 1052 Broadway ADDRESS: SCALE: FILE NUMBER: No Scale DRC-04-67 BUILDING DE PARTM E NT PROJECT DESCRIPTION: DESIGN REVIEW Request: Proposal for Baja Lobster Taco Shop. NORTH J:\planning\carlos\locators\drc0467.cdr 07.16.04 RESOLUTION NO. PCC-05-053 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA APPROVING CONDITIONAL USE PERMIT PCC-05-053 TO ALLOW OUTDOOR SEATING AT A FAST FOOD RESTAURANT PROPOSED AT 1052 BROADWAY- BAJA TACO SHOP WHEREAS, on May 5, 2005 a duly verified application for a Conditional Use Permit (PCC-05-053) was filed with the City OfChula Vista Planning and Building Department on behalf of Marcos Flores Espinosa ("Applicant"); and WHEREAS, said application requests permission to operate a fast food restaurant (taco shop) incorporating outdoor seating on the Project Site ("Project"); and WHEREAS, the area ofland owned by the Applicant is the subject matter of this resolution, and is represented in Exhibit A attached hereto and incorporated herein by this reference; and for the purpose of general description is 12,650 square feet of property at 1052 Broadway, with a land use designation of Commercial, Montgomery (CMO) and a zone of Commercial Thoroughfare (C-T), ("Project Site"); and WHEREAS, all uses in a C- T zone are to be conducted wholly within a completely enclosed building, unless open uses are allowed by conditional use permits as determined by the planning commission, and pursuant to Chula Vista Municipal Code Section 19.40.110 such facilities require a public hearing before the Planning Commission; and WHEREAS, the Environmental Review Coordinator has reviewed the proposal for compliance with the California Environmental Quality Act (CEQA) and has determined that the Project qualifies for a Class 3 (new construction or conversion of small structures) categorical exemption pursuant to Section 15303 of the State CEQA Guidelines, thus no further environmental review is necessary; and WHEREAS, the Planning Commission does hereby find that the environmental determination of the Environmental Review Coordinator was reached in accordance with the requirements of the California Environmental Quality Act and the Environmental Review Procedures of the City of Chula Vista. WHEREAS, the Planning and Building Director set the time and place for a hearing on said conditional use permit 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 and residents 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 October 12, 2005 at 6:00 p.m. in Council Chambers, 276 Fourth Avenue, before the Planning Commission; and; Resolution PCC 05-053 Page 2 WHEREAS, after considering all reports, evidence, and testimony presented at said public hearing with respect to the Project, the Planning Commission voted to approve the conditional use permit; and, WHEREAS, the Planning Commission of the City ofChula Vista does hereby make the findings required by the City's rules and regulations for the issuance of conditional use permits, as herein below set forth, and sets forth, there under, the evidentiary basis that permits the stated finding to be made. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Chula Vista does hereby find, determine and resolve as follows: 1. That the proposed use at this location is necessary or desirable to provide a service or facility contributing to the general well being of the neighborhood or the community. That the proposed use at this location provides a desirable service by allowing food service in an open setting taking advantage of the temperate climate in this portion of Chula Vista. 2. That such use will under the circumstances of the particular case not be detrimental to the health, safety and general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. . The proposed project has the potential to generate noise and parking problems in the adjacent neighborhood to the west. However, these problems will be reduced through a condition limiting the hours of operation to 7 AM to 9PM. Without approval of this conditional use permit the applicant has the option of redesigning the project to keep all seating within the building and not have any limitations on the hours of operation. Such an option is not desirable as it would be detrimental to the general welfare of the neighbors to the west. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. This approval of Conditional Use Permit PCC-05-053 is conditioned to require the permittee and property owner to fulfill conditions and to comply with all applicable regulations and standards specified in the Municipal Code for the operation of a food service establishment, including regulations and standards adopted by the Planning Commission specifically for this location. The proposed taco shop is to be built in such a way that complies with the City's development criteria for new buildings, and all other City zoning and building regulations. Furthermore, the conditions of this permit are in proportion to the nature and extent of the impact created by the proposed development in that the conditions imposed are directly related to and of a nature and scope related to the size and impact ofthe Project. 4. That the approval of this Conditional Use Permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. Resolution PCC 05-053 Page 3 The approval of this permit will provide a project that will be consistent with Goal 2 of the Land Use Element of the Chula Vista General Plan which states: "The goal of the city is to improve and increase the retail base of the city, making the city an attractive place to shop for comparison and durable goods." In particular, the project would be a step toward implementing Objective 9 of the Land Use Element that states: "Encourage the upgrading of older and/or marginal retail uses along Broadway and Main Street.. .." NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Chula Vista hereby approves Conditional Use Permit PCC-05-053 and places it subject to the following conditions, whereby the Applicant and/or property owners shall: PLANNING & BUILDING DEPARTMENT CONDITIONS 1. The project property shall be developed and maintained in accordance with all plans as part of Design Review Application DRC-04-67 approved by the Design Review Committee, who will have responsibility for approval of said plans. 2. Obtain all required building permits in compliance with the 2001 Energy, Handicapped Accessibility, California Building Code, California Plumbing Code, California Mechanical Code and California Electrical Code requirements, as well as all conditions of approval of the City ofChula Vista Fire and Engineering Departments. 3. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted on any building and wall plans and shall be reviewed and approved by the Planning Director prior to issuance of building permits. Additionally, the Project shall conform to Sections 9.20.055 and 9.20.035 of the C.V.M.C. regarding graffiti control. 4. Prior to issuance of a final occupancy permit and operation of the taco shop, a final inspection of the facility shall be conducted by the Department of Planning and Building to ensure that all conditions of approval have been met and all necessary permits have been obtained. 5. So long as the proposed restaurant includes open-air seating, the hours of operation shall be no earlier than 7 AM, and no later than 9 PM, seven days a week. 6. This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. 7. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, Resolution PCC 05-053 Page 4 including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this conditional use permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Applicant's installation and operation of the facility permitted hereby, including, without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this conditional use permit where indicated, below. Applicant's/operator's compliance with this provision is an express condition of this conditional use permit and this provision shall be binding on any and all of Applicant's/operator's successors and assigns. 8. The Project Site shall be subject to inspection six months after the issuance of building permits to check conformance with Project plans and conditions of approval. 9. Approval of this request shall not waive compliance with all sections of Title 19 (Zoning) of the Municipal Code, and all other applicable City Ordinances in effect at the time of building permit issuance. 10. The conditions of approval for this permit shall be applied to the subject property until such time that the conditional use permit is modified or revoked, and the existence of this use permit with approved conditions shall be recorded with the title of the property. Prior to the issuance of the building permits for the proposed unit, the Applicant/property owner shall provide the Planning Division with a recorded copy of said document. 11. This permit shall expire five (5) years after the date of its approval by the Planning Commission. If, prior to its expiration, the Applicant requests an extension of the term of this permit, the Zoning Administrator shall check the Project for compliance with the conditions of approval, and shall determine, in consultation with the Applicant, whether the Project shall be modified from its original approval. Extensions of time may be granted in five (5) year increments. 12. Any violations ofthe terms and conditions of this permit may result in the imposition of civil or criminal penalties and/or the revocation or modification of this permit. 13. Any violations ofthe terms and conditions ofthis permit may result in the imposition of civil or criminal penalties and/or the revocation or modification of this permit. 14. Any deviation from the above noted conditions of approval shall require the approval of a modified conditional use permit. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL 25. The property owner and the applicant shall execute this document by signing the lines provided below; said execution indicating that the property owner and applicant have each read, understood and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the county of San Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy returned Resolution PCC 05-053 Page 5 to the City's Planning and Building Department. Failure to return a signed and stamped copy ofthis recorded document within ten days of recordation to the City Clerk shall indicate the property owner/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the City Clerk's Office. Signature of Property Owner Date Signature of Applicant Date CONSEQUENCE OF FAILURE OF CONDITIONS 26. If any of the foregoing conditions fails to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Failure to satisfy the conditions ofthis permit may also result in the imposition of civil or criminal penalties. Developer or a successor in interest gains no vested rights by the City's approval of this Resolution. INVALIDITY; AUTOMATIC REVOCATION 27. It is the intention of the Planning Commission that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. Resolution PCC 05-053 Page 6 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit PCC-05-053 in accordance with the findings and subject to the conditions contained in this resolution. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 12th day of October, 2005, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: Vickie Madrid, Chair ATTEST: Diana Vargas, Secretary J: \P lanning\ANN\PCC\Resolutions\PCC05 05 3 .RESO .doc RESOLUTION NO. PCC-05-053 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VIST A DENYING CONDITIONAL USE PERMIT PCC-05-053 REQUESTING OUTDOOR SEATING AT A FAST FOOD RESTAURANT PROPOSED AT 1052 BROADWAY - ESPINOSA/BAJA TACO SHOP WHEREAS, on May 5, 2005 a duly verified application for a Conditional Use Permit (PCC-05-053) was filed with the City OfChula Vista Planning and Building Department on behalf of Marcos Flores Espinosa ("Applicant"); and WHEREAS, said application requests permission to operate a fast food restaurant (Baja Taco Shop) incorporating outdoor seating on the Project Site ("Project"); and WHEREAS, the area ofland owned by the Applicant is the subject matter of this resolution, and is represented in Exhibit A attached hereto and incorporated herein by this reference; and for the purpose of general description is 12,650 square feet of property at 1052 Broadway, with a land use designation of Commercial, Montgomery (CMO) and a zone of Commercial Thoroughfare (C- T), ("Project Site"); and WHEREAS, all uses in a C- T zone are to be conducted wholly within a completely enclosed building, unless open uses are allowed by conditional use permits as determined by the planning commission, and pursuant to Chula Vista Municipal Code Section 19.40.110 such facilities require a public hearing before the Planning Commission; and WHEREAS, the Environmental Review Coordinator has reviewed the proposal for compliance with the California Environmental Quality Act (CEQA) and has determined that the Project qualifies for a Class 3 (new construction or conversion of small structures) categorical exemption pursuant to Section 15303 of the State CEQA Guidelines, thus no further environmental review is necessary; and WHEREAS, the Planning Commission does hereby find that the environmental determination of the Environmental Review Coordinator was reached in accordance with the requirements of the California Environmental Quality Act and the Environmental Review Procedures of the City of Chula Vista. WHEREAS, the Planning and Building Director set the time and place for a hearing on said conditional use permit 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 and residents 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 October 12, 2005 at 6:00 p.m. in Council Chambers, 276 Fourth Avenue, before the Planning Commission; and; Resolution PCC 05-053 Page 2 WHEREAS, after considering all reports, evidence, and testimony presented at said public hearing with respect to the Project, the Planning Commission voted to deny the conditional use permit. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Chula Vista does hereby find, determine and resolve as follows: 1. That the proposed use at this location is necessary or desirable to provide a service or facility contributing to the general well being of the neighborhood or the community. That the proposed use at this location does not provide a necessary or desirable service to the area, as other opportunities for open-air food service are readily available. Also, the proposed restaurant would be in very close proximity to a well-established single family neighborhood to the west and the provision of all open seating will not contribute to the well being of said neighborhood. Approximately 30 customers could be introduced to the area who would be able to more freely roam into the adjacent residential neighborhood to the west and create additional noise, parking and litter problems. 2. That such use will under the circumstances of the particular case not be detrimental to the health, safety and general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The proposed open seating restaurant at this particular location adjacent to a nonconforming business with substandard on-site parking would exacerbate existing neighborhood problems with noise, parking and litter and would therefore be detrimental to the health, safety and general welfare of the neighboring residents. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The subject property is located in the CT Zone, which requires all activity to be conducted entirely within an enclosed building. Without approval of this Conditional Use Permit, the use would not comply with all applicable regulations and standards specified in the Municipal Code for the operation of the proposed food service estab lishment. 4. That the approval of this Conditional Use Permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. The approval of this permit would adversely affect the Chula Vista General Plan in terms of Goal 2 of the Land Use Element seeking high quality commercial development along Broadway, and Objective 15 that seeks to preserve and reinforce residential neighborhoods. Resolution PCC 05-053 Page 3 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Chula Vista hereby denies Conditional Use Permit PCC-05-053 with the understanding that this will require all activity associated with the proposed fast food restaurant to be conducted entirely within the proposed remodeled building. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 12th day of October, 2005, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: Vickie Madrid, Chair ATTEST: Diana Vargas, Secretary ~~f~ ~.~ 0;-:;-- -:;- ....... - P I ann n g & Building Planning Division Department Development Processing cm OF CHULA VISTA APPLICATION APPENDIX 8 Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other qfficial bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. ' E3..rJCSTO CArr; lIo cI~L "tit a y- 1J1,IJ1t.;'/J CItS"L \1,. lId. v- E'lcr-+- SPATI II an ,"':'fArC 0 S ;::- Lc fl E" S 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. t::..{?jI/C5TO eAST'.IIo dEL V die) y- mAlZ-tl" c/EL 'i t' ,for I eYe-IT ~A^I'IIIC1n {...."tArCoS Ff-CfLr=S 3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. W~ ( 4. Please identify every person, including any. agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. c::::'6C.c.. /2. PAr E d EL. h~1?.6,'o ~L.C"-F:~ Has any person* associated with this contract had any financial dealings ~it}J an official** of the City of Chula Vista as it relates to this contract within the past 12 months. Yes_ No-A.-- 5. If Yes, briefly describe the nature of the financial interest the official** may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No A Yes _ If yes, which Council member? 27& Fourth Avenue Chula Vista California 91910 (&19) &91-5101 ~J f c... -.- '; --= ...: ==- - p I ann n g & Building Department Planning Division I Development Processing CIlY OF CHULA VISTA APPLICATION APPENDIX B Disclosure Statement - Page 2 7. Have you provided more than $340 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt. gift, loan, etc.) Yes_ Nog . If Yes, which official** and what was the nature of item provided? Date: 6- 30-0f 6 Signatu 0E'12..G I 0 Ff.-O fZ.E~ type name of Contractor/Applicant Print or * Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fratemal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. 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NO"::>3"'NO" N' ON" NO 35n I'JQ" 03dOTj/\30 0"'''' 03!l10^3 "03,"3.." 3..3110 ON" :IN' 53.J....'::>OSS... H"'''' ..0 ..0..-'-"'3..0"'.1 3"-,- ON... ....13 03N""'0 """... "'''''M''''O 3>-<-'- ..0..13 03.1."'353""'3" "0 03.J....=:>'0"', S"'...,,,, ON... 5.J.N3"'3"'.............'" "$"'''''530 'S....30' "'" PLANNING COMMISSION AGENDA STATEMENT Item No.: ;t.. Meeting Date: 10/12/2005 ITEM TITLE: ACTION ITEM: PCA-05-02: Direction on Policy Framework for Proposed Regulations for Check Cashing, Deferred Deposit and Payday Advance Businesses Upon recommendation by the Planning Commission, the City Council adopted Urgency Ordinance 3001-A on April 26, 2005 and extended the interim regulations in Urgency Ordinance 3001-B on May 25 2005 regarding fee-based check cashing, deferred deposit and payday advance establishments. In so doing, they determined that the previous zoning regulations were inadequate to address the effects of these uses on the community. Concerns associated with these types of businesses include among other things the lack of minimum-security standards and the displacement/discouragement of other desirable businesses - including full-service financial institutions and the uses outlined in the Broadway Corridor Strategy Plan and the direction of the Draft General Plan Update and Draft Urban Core Specific Plan. Staff is preparing regulations that are based on a model adopted recently by the City of Oakland. These regulations will add a definition specific to this type of use, impose a Conditional Use Permit requirement, add special criteria or performance standards for any such activity and limit the zoning districts they may be allowed to operate in. Under the previous ordinance these uses were considered as banks and other financial institutions and were allowed by right in a large number of zoning districts. The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 8 categorical exemption pursuant to Section 15308 of the State CEQA Guidelines. Furthermore, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Therefore, no environmental review is required. RECOMMENDATION: That the Planning Commission provide policy direction to staff on the matters raised in the report and any other policy matters that we have not raised but that the Commission deems important. Staff will then return with an ordinance that reflects that direction for your consideration and for the public hearing. DISCUSSION: Several policy issues unique to the City ofChula Vista arose in our analysis of the application of the regulations to our local situation. Staff requests further direction from the Planning Commission prior to finalizing the draft ordinance. The conditional use permit provision will allow additional conditions of approval to be added if needed. Page 2, Item No.: Meeting Date: 10/12/2005 The policy questions that need to be addressed for the draft ordinance are: I. In which zones should we continue to allow check cashing under the more stringent regulations? Staffwould recommend that the subject uses should be precluded from locating in the CT & CN zones and be only conditionally allowed in the remaining commercial zones through conditional use permit. Zones that coincide with redevelopment project areas are highly impacted from an over-abundance of adult -oriented businesses, liquor stores, bars and other land uses that tend to congregate in low-to-moderate income neighborhoods. By precluding check cashing from theCT & CN zones, revitalizaiton and reinvestment in these target areas will be far more likely. 2. Is the City willing to accelerate the elimination of non-conforming check cashing establishments through an amortization program? The general nonconforming us provisions of our zoning ordinance allow that the abandonment of a nonconforming use after a twelve month period will preclude the reuse in any other manner than conforming (Sec. 19.60.070). Highly undesirable nonconforming uses represent conditions which should be reduced to conformity as quickly as compatible with justice. California cases have allowed zoning legislation to validly provide for the eventual termination of nonconforming property uses. The method for terminating a nonconforming use as quickly is to provide an amortization period in which the use is subject to loss of its legal status within a reasonable time in consideration of the investment involved. The relevant factors considered in determining whether an amortization period is reasonable in it's application to a particular property include amount of investment or original cost, present actual or depreciated value, remaining useful life, the length and remaining term of the lease, and harm to the public ifthe structure remains standing or use exists beyond the prescribed amortization. An additional factor to consider is the owner's amortization schedule for tax purposes. If the Commission directs staff to proceed with an amortization provision in the ordinance, we will seek technical assistance to determine the length of time to allow for the amortization. 3. What performance standards or requirements should be included in the ordinance? The special criteria and performance standards that were included by the City Oakland in their recent ordinance and staff believes also apply to these conditionally permitted uses in Chula Vista include: Page 3, Item No.: Meeting Date: 10/12/2005 . Minimum distance between activities . Minimum distance to sensitive uses; . Additional performance standards to regulate blight security and adverse impacts. CONCLUSION: Planning Commission provide direction on these issues and allow staff to come back at a public hearing with a Draft Ordinance reflecting your direction. Attachments Map showing the location of check cashing uses currently in relations to proposed commersial zone districts and distance criteria from other check cashing uses or sensitive uses Oakland Ordinance on Check Cashing . ATTACHMENT A APPROVED AS TO FORM AND LEGALITY INTRODUCED BY COUNCILMEMBER CITY ATTORNEY ORDINANCE No. C.M.S. AN ORDINANCE AMENDING THE OAKLAND PLANNING CODE TO ADD A NEW USE CLASSIFICATION AND AMEND RELATED CODE SECTIONS TO REGULATE CHECK CASHIERS AND OR CHECK CASHING BUSINESSES AND LIMITING WHERE SUCH ACTIVITES MAY BE PERMITTED WHEREAS, In the State of California the number of check cashing business permits rose from 1,467 in 1996 to over 4,000 by 2002; and WHEREAS, 57 percent of African-Americans and 49% of Hispanics live within close proximity to a check cashing business indicating a pattern by check cashing business for targeting primarily minority neighborhoods; and WHEREAS, 42 percent of households with incomes ofless than $25,000 live within 1 mile of check cashing business in California indicating a pattern by check cashing business for targeting primarily low- income neighborhoods; and WHEREAS, a recent study by the Urban Law & Public Policy Institute and Consumer Federation of America revealed that check cashing facilities charge interest rates as high as 900 percent and displace the availability of full service banking institutions; and WHEREAS, a recent study by the American Association of Retired Persons revealed that customers using check-cashing business average 13 transactions per year, per borrower, with 21 percent reporting more than 20 transactions in a l2-month period creating a cycle of indebtedness and financial vulnerability; and WHEREAS, 28% of consumers. without a traditional checking account cash their checks primarily at check cashing institutions; and WHEREAS, A recent study by The Progressive Policy Institute revealed that a traditional bank account is the first step toward giving low-income Americans access to the mainstream tools for wealth creation now taken for granted by the middle-class; and ~', WHEREAS, check cashing business obtain th,eir profits from transactions fee, unlike banks, which primarily derive their income from the spread between interest paid on deposits and loan portfolios, creating an incentive for check cashing business for ever increasing transaction fees; and WHEREAS, check cashing business have failed to provide adequate safety for their customers as evidenced by 3 armed individuals recently robbing a man after leaving a check cashing business on International Boulevard; and Ordinance No. Page No.2 WHEREAS, due to a lack of regulation of check cashing businesses would allow a proliferation of check cashiers or check cashing establishments which may result in the displacement of charter banks especially in small neighborhood shopping areas; and WHEREAS, the continued establishment of check cashier or check cashing businesses in any and all locations where consultative and financial service uses are permitted without adequate review may result in displacement and availability of full service banking institutions creating a cycle of indebtedness and financial vulnerability for low-income citizens; and WHEREAS, the continued establishment of check cashier or check cashing businesses in any and all locations where consultative and financial service uses are permitted without adequate review may result in displacement of needed goods and services; and WHEREAS, on April 26, 2005, the City Council adopted Urgency Ordinance No. 3001- A, imposing a 45-day moratorium on new or expanded check cashing and deferred deposit activities; and WHERAS, on May 24, 2005, the Chula Vista City Council adopted Ordinance No. 3001-B, as an interim emergency ordinance to regulate check cashing and check cashier activities while a study was undertaken to develop permanent controls for an additional 10 months and 2 weeks; and WHEREAS, the City has completed a review of the regulatory mechanisms available to regulate subject businesses with the goal of adopting permanent changes to Title 19, Planning and Specific Plans, including changes intended to protect the public health, safety, and welfare from the negative effects of subject businesses; and WHEREAS, issuance or approval of any building, planning or other permit or license for such businesses (newly instituted, modified, or expanded) without a Conditional Use Permit in certain zoning districts would result in negative impacts to the community in which it is located in; and WHEREAS, the Chula Vista Planning Commission conducted a duly noticed public hearing on October 12, 2005; and WHEREAS, after the close of the public hearing, the Chula Vista Planning Commission recommended the adoption by the City Council of amendments to various sections of Title 19, Zoning and Specific Plans, to regulate check cashing, deferred deposit and payday advance activities; and WHEREAS, the City Council subsequently conducted a duly noticed public hearing on October 25,2005. Now, Therefore, the City Council of the City of Chula Vista does find, determine and ordain as follows: WHEREAS, a lack of regulation check cashiers or check cashing businesses would allow a proliferation of check cashiers or check cashing establishments which may result in the displacement of charter banks especially in small neighborhood shopping areas; and WHEREAS, an updated Land Use and Transportation Element of the Oakland General Plan was adopted by the Oakland City Council in March, 1998 to guide future land use and development in the city; and WHEREAS, the Land Use and Transportation Element and the Estuary Policy Plan contain goals, objectives, and policies that promote: maintaining and enhancing the vitality of existing neighborhood commercial areas PolicyIlC3.4; Strengthening Vitality Policy, T2.3 Promoting Neighborhood Services, Objective IICU Attracting New Business, Policy N1.6 Reviewing Potential Nuisance Activities, Policy 5.1 Environmental Justice; and WHEREAS, the continued establishment of check cashier or check cashing businesses in any and all locations where consultative and financial service uses are pennitted without adequate review may result in displacement and availability of full service banking institutions creating a cycle of indebtedness and financial vulnerability for low-income citizens; and WHEREAS, the continued establishment of check cashier or check cashing businesses in any and all locations where consultative and financial service uses are pennitted without adequate review may result in displacement of needed goods and services; and WHEREAS, such impacts may potentially conflict with some of the policies and objectives of the Land Use and Transportation Element of the General Plan; and WHEREAS, on November 18,2003, the City Council adopted an Urgency Ordinance No. 12558 C.M.S" imposing a 45-day moratorium on new or expanded check cashing and check cashier activities; and WHERAS, on December 16, 2003, the Oakland City Council adopted Ordinance No. 12565 C.M.S., as an interim emergency ordinance to regulate check cashing and check cashier activities while a study was undertaken to develop pennanent controls; and WHEREAS, the City has completed a review of the regulatory mechanisms available to regulate check cashiers or check cashing businesses with the goal of adopting pennanent changes to the current regulations, including changes to the Planning Code to protect the public health, safety, and welfare from the negative effects of check cashier or check cashing businesses; and WHEREAS, issuance or approval of any building, planning or other pennit for such check cashier or check cashing businesses (newly instituted, modified, or expanded) without a Conditional Use Pennit in certain zoning districts would result in negative impacts to the community in which it is located in; and WHEREAS, the Oakland Planning Commission conducted a duly noticed public hearing on June 2, 2004; and WHEREAS, after the close of the public hearing, the Oakland Planning Commission recommended the adoption of Zoning Text changes to regulate cpeck cashier and check cashing activities; and ,>-', WHEREAS, the City Council's Community and Economic Development Committee considered the matter on _, 2004; and WHEREAS, the City Council conducted a duly noticed public hearing on _, 2004; Now, Therefore, the Council of the City of Oakland does ordain as follows: t: . '. SECTION 1. The City Council finds and determines the forgoing recitals to be true and correct and hereby makes them a part of this ordinance. SECTION 2. The City Council finds and determines, that the adoption of this Ordinance is exempt from CEQA under Sections 15061 (b )(3) of the State CEQA Guidelines and authorizes the filing of a Notice of Exemption with the Alameda County Clerk. SECTION 3. Section 17.10.365 "Check Cashier and Check Cashing Activities" is added to the Oakland Planning Code to read as follows: "17.10.365 Check Cashier and Check Cashing Activity Check Cashier and Check Cashing Activity includes: (1) A person OJ entity that, for compensation, engages in whole or in part in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same j:JUrpose. A "check cashier" also includes the business of deferred deposits whereby the check cashier refrains from depositing a personal check written by a customer until a specific date pursuant to a written agreement as provided in Civil Code section 1789.33, as amended. (2) "Check Cashier" or "Check Cashing Activity" does not include a state or federally chartered bank, savings association, credit union, or industrial loan company. "Check cashier" or "Check Cashing Activity" also does not include a retail seller engaged primarily in the business of selling consumer goods, such as consumables to retail buyers, that cashes checks or issues money orders for a minimum flat fee, not exceeding $2.00, as a service to its customers that is incidental to its main purpose or business. They also include certain activities accessory to the above, as specified in Section 17.10.040." SECTION 4. The following sections of the Oakland Planning Code are amended to add "Check Cashier and Check Cashing" as Conditionally permitted activities: 17.38.040 (C-20, Shopping Center Commercial Zone) 17.40.050 (C-25, Office Commercial Zone) 17.46.060 (C30, District Thoroughfare Commercial Zone) 17.50.060 (C-35, District Shopping Commercial Zone) 17.54.060 (C-40 Community Thoroughfare Commercial Zone) 17.56.060 (C-45, Community Shopping Commercial 17.58.060 (C-51 Central Business Service Commercial Zone) 17.60.060 (C-52 Old Oakland Commercial Zone) 17.62.060 (C-55 Central Core Commercial Zone) > SECTION 5. Section 17.102.430 is added to the Oakland Planning Code to read as follows: 17.102.430 Regulations Applying to Check Cashier and or Check Cashing Activity A. Additional Use Permit Criteria. A conditional use permit for any conditionally permitted Check Cashier and or Check Cashing activity as defined in Section 17.10.365 of the Oakland Planning Code may only be granted upon determination that the proposal conforms to the general use permit criteria set r . forth in the conditional use permit procedure in Chapter 17.134, to any and all applicable use permit criteria set forth in the particular individual zone regulations, and to all of the following performance standards: 3. That each Check Cashier and or Check Cashing activity be no located no less than 1, 000 feet from the nearest Check Cashier and Check Cashing Activity within the City of Oakland. 4. That each Check Cashier and or Check Cashing activity be a minimum of 500 feet from the following activities: a. Community Education Civic Activities b. State or federally chartered bank, savings association, credit union, or industrial loan company. c. Community Assembly Civic Activities 4. That each Check Cashier and or Check Cashing activity meets the following Performance Standards and that these performance standards are included as standard conditions of approval. These performance standards may be amended or expanded by Staff and/or the Planning Commission as they are applied to individual locations and proiects: · A lighting plan shall be reviewed and approved by the Zoning Administrator prior to issuing building permits and installed prior to establishing the activity. Exterior lighting shall be provided on all frontages. Such lighting shall be designed to illuminate persons standing outside such that they can be identified fifty feet away. Exterior lighting shall be designed so as not to cast glare offsite. · Storefronts shall have glass or transparent glazing in the windows. No more than 30% of any window area shall be covered by signs, banners, or opaque coverings of any kind · Days and hours of operation shall be Monday through Saturday, 7:00 AM to 7:00 PM. Patrons shall be discouraged from loitering prior to, during and/or after hours. At least one no loitering sign with letters at least 2" tall shall be installed and maintained where it will be most visible to pedestrians on each side of the building in which the activity is located including, but not limited to, street frontages and parking lots. · Graffiti shall be removed within 72 hours of application . No exterior pay telephones shall be permitted. · Litter shall be removed at least two times daily or as needed from in front of and for twenty feet beyond the building along adiacent street(s). All "street furniture" such as crates or mattresses shall be removed daily or as needed. · The applicant shall post at least one certified uniformed security guard on duty at all times the business is open. The security guard shall patrol the interior and all exterior portions of the property under control of the owner or lessee including, but not limited to, parking lots and any open public spaces such as lobbies. SECTION 6. The interim controls adopted in Ordinance No. 12565 C.M.S. shall no longer be in effect upon the effective date of this ordinance. This ordinance, pursuant to Charter section 216, shall be effective immediately if approved by six members of the City Council; otherwise, it shall be effective upon the seventh day after final adoption. .~(: SECTION 7. If any section, subsection, phrase, word or provIsIOn of this ordinance or the application thereof to any person or circumstances is held invalid, the remainder of this ordinance and the application of such provisions to other persons or circumstances shall not be affected thereby. IN COUNCIL, OAKLAND, CALIFORNIA, ,2004 fa .. PASSED BY THE FOLLOWING VOTE: AYES-Brooks, Brunner, Chang, Nadel, Quan; Reid, Wan, and President De La Fuente NOES- ABSENT- ABSTENTION- ATTEST: CEDAFLOYD City Clerk and Clerk of the Council of the City of Oakland, California '"