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HomeMy WebLinkAboutPlanning Comm Reports/1984/07/11 AGENDA City Planning Commission Chula Vista, California Wednesday, July 11, 1984 - 7:00 p.m. City Council Chambers PLEDGE OF ALLEGIANCE - SILENT PRAYER ORAL COMMUNICATIONS 1. PUBLIC HEARING: Conditional use permit PCC-84-24: Request to convert an existing self-serve gas station with auto repair into a self-serve gas station/mini-market at 798 Third Avenue - Best California Gas 2. PUBLIC HEARING: Request for an extension of a conditional use permit, PCC-82-3, granted the Church of Christ, 470 'L' Street 3. PUBLIC HEARING: PCA-84-7: Consideration of proposed amendment to Chapter 19.14 deleting four-fifths vote to override Planning Commission action DIRECTOR'S REPORT COMMISSION COMMENTS ADJOURNMENT AT to the Study Session Meeting of July 18, 1984 at 5:00 p.m. in Conference Room #2 City PI .ing Co~mission FROM: George Krempl, Director of Planning SUBJECT: Staff report on agenda items for Planning Commission Meeting of July 11, 1984 1. PUBLIC HEARING: Conditional Use Permit PCC-84-24; request to convert an existin9 self-service 9as station located at '/'~u Third Avenue into a self-service station/mini-market - Best California Gas A. BACKGROUND 1. This item involves a request to convert an existing self-service gas station with auto repair located at 798 Third Avenue in the C-C zone into a self-serve station/mini-market. The auto repair will be discontinued. 2. The project is exempt from environmental review as a Class 4(i) exemption. B. RECOMMENDATION Based on findings contained in Section "E" of this report, adopt a motion to approve the request, PCC-84-24, to establish a self-serve station/mini-market at 798 Third Avenue subject to the following conditions: 1. The diagonal parking along the northerly portion of the site shall be changed to 90° spaces. 2. The pump islands shall be reoriented so as to be parallel with Third Avenue. 3. The two of the three driveways along Third Avenue shall be closed. 4. The westerly driveway on "K" Street shall be reduced in width by closing the westerly l0 feet. 5. A landscaping and irrigation plan shall be submitted concurrent with an application for a building permit. Landscaped areas shall be provided along the north and south sides of the building as well as between the telephones and sidewalk at the southwest corner of the site. 6. The project shall be subject to site plan architectural approval by the Design Review Committee. A sign program shall be submitted with this review. C. DISCUSSION 1. Adjacent zoning and land use. North C-C Commercial office building South C-C Dri ve-thru restaurant East C-C Furniture store and tax service West C-C Equipment rental City Planning Commission Agenda Items for Meeting of Page 2 2. Existing site characteristics. The site is a level 20,654 sq. ft. parcel located at the northwest corner of Third Avenue and "K" Street and is developed with a self-service gas station with auto repair. The station was constructed approximately 20 years ago and consists of a 1375 sq. ft. building located on the westerly portion of the site and two pump islands covered by a single canopy. The pump islands are situated perpendicular to Third Avenue. There are three driveways along Third Avenue and two along "K" Street. The only landscaping on the site is located at the southeast corner at the intersection of the two streets. 3. Proposed use. The applicant intends to discontinue the auto repair operation and use the building for a mini-market while retaining the gasoline service under the freestanding canopy. The interior will be remodeled with some exterior remodeling also proposed. Landscaping is proposed along each street frontage as well as along the northerly property line (refer to applicant's site plan). Seven parking spaces are proposed along the northerly portion of the site which meets the required number of spaces. The establishment will be open 24 hours a day, 7 days a week. Items sold will be normal convenience goods. 4. Similar establishments. Since 1979 the Planning Commission has approved 6 self-serve gas station/mini-market conversions and has approved the installation of gas pumps in conjunction with one existing convenience market (U-Totem). Only one request was denied, that being the Arco station located at the northeast quadrant of 1-805 and Telegraph Canyon Road. The primary reason for denial was based on the need to retain the auto repair service along the 1-805 freeway. It was also noted that zoning for auto repair was located 3-5 miles away from the residential development in the area, thus the need to retain the existing repair service. D. ANALYSIS The present station has recently gone through periods of time where no auto repair service has not been provided; therefore, the discontinuance of the present operation will not represent an appreciable reduction in service to the area. There are still a number of full-service stations or repair garages within close proximity along or near Third Avenue. The proposed mini-market will provide a different service to motorists not presently available in this area. It would also provide convenience shopping to the residents in the immediate vicinity. The existing orientation of the pump islands (perpendicular to Third) does not provide for good on-site circulation which occasionally causes conflicts within the public right-of-way by cars trying to maneuver around other cars. The orientation of the pumps also requires either the three driveways as presently exists or a wider driveway in front of the pumps. City Planniny Commission Agenda Items for Meeting of Page 3 The conflict within the public right-of-way is compounded by the amount of traffic on Third Avenue {approximately 19,000 ADT in 1983) and the left turn lane placing the outside travel lane adjacent to the curb. The more driveways, the more the potential of conflict. In order to improve the on-site circulation and reduce the number of driveways on Third Avenue the pump islands should be reoriented to be parallel to Third Avenue. This orientation will permit the number of driveways to be reduced to one or two driveways {see staff sketch). The mini-market operation will result in cars being parked at the pumps for a lon§er period of time since the type and length of purchases Will increase. On July 2 the staff met with the applicant to discuss the pump island reorientation and driveway alterations. The applicant agreed that the suggestions would make the plan function better; however, the cost o~ these changes were not within the company's remodeling budget. Therefore, the applicant is opposed to staff's changes. It is staff's conclusion that the reorientation of the pump islands parallel to Third Avenue is necessary and unless the applicant agrees to this condition the request for conversion should be denied. E. FINDINGS 1. That the proposed use at the location is necessary or desirable to provide a service or faclltty ~htch will contribute to the general well being of the neighborhood or the ceemunt~y. Approval of this request will allow the applicant to offer a different service to the motorists and still dispense gasoline. 2. That such use will not under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The subject property is surrounded by commercial properties; therefore, the use should not affect those uses permitted in the zone. The reorientation of the pump islands parallel to Third Avenue will eliminate the present potential for traffic conflicts which would be compounded by the establishment of a mini-market. 3. That the proposed use w111 comply with the regulations and conditions specified in the code for such use. The proposed use meets the regulations of the Code pertaining to this type use. 4. That the granting of this conditional use permit wtll not adversely affect the general plan of the City or the adopted plan of any government agency. The General Plan will not be affected by the approval of this request since both uses are consistent with the commercial designation of the property. WPC 1086P/OO15Z ! I CITY OF CHULA VISTA DISCLOSURE STATE)~NT IAPPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, PLANNING COMMISSION AND ALL OTHER OFFICIAL BODIES. The following information must be disclosed: 1. List the names of all persons having a financial interest in the application. Ted Orden R.T. Flesh Hed¥ Orden Helen Orden B.W. Berkett List the names of all persons having any ownership interest in the property involved. Ted Orden R.T. Flesh Hedy Orden Helen Orden B.W. Berkeht 2. If any person identified pursuant to (l) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. Ted Orden R.T. Flesh Hedy Orden Helen Orden B.W. Berkett 3. If any person identified pursuant to (1) above is a non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No ×× If yes, please indicate person(s) Person is defined as: "Any individual, firm, copartnership, joint venture, association, soc--6~-(~[ club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city, municipality, district or other political subdivision, or any other group or combination acting as a unit." (NOTE: Attach additional pages as necessary.)~-._ ~_-~/' ~ / c~~//~---~z~ 6/7/84 Sign~o~.__aj~licant/date / WPC 0701P A.W. Johnson, Jr. A-]IO Print or type name of applicant City Planning Commission Agenda Items for Meeting of July 11, 1984 Page d 2. PUBLIC HEARING: Request for extension of conditional use permit, PCC-82-3 for temporary classrooms 470 "L" Street - Church of Christ A. BACKGROUND In August 1981 the Planning Commission approved the expansion for the Church of Christ located at 470 "L" Street and the use of two portable buildings as temporary classroom space until July 19~. The applicant is requesting permission to be allowed to use the temporary classrooms for a period of 14 months or until September 30, 1984. B. RECOMMENDATION Adopt a motion approving the request for a 14-month extension of the temporary classrooms until September 30, 1985, with the condition that no further extensions will be approved. C. DISCUSSION The applicant has indicated that since the approval of the conditional use permit in August 1981 considerable time has been spent in obtaining the funding necessary to finance the construction of the proposed expansion. The financing has been obtained and plans are proceeding. The additional time is for the purpose of completing the design of the proposed expansion and processing the plans through the City and to obtain building permits. Another reason for the request is that the applicant is also exploring the possibility of relocating the school to another site and would like the opportunity to pursue this matter more thoroughly. D. ANALYSIS To date the temporary classrooms have been used with minimal impact on the adjoining residents however, a letter from the property owner immediately to the north at 450 Westby Street was received by this office in September 1983 objecting to any extensions citing loss of privacy and noise as well as visual obstruction. The letter was sent after the applicant had contacted the adjoining residents with regards to their anticipated request for an extension of their permit. Because of this objection, the request for extension was scheduled for public hearing by the Planning Commission so that the neighbors would have the opportunity to address the issue. Even though the temporary classrooms have been used for three years, the staff has no objection to the extension for a period of 14 months. However, four years appears to be more than an adequate amount of time in which to complete their final plans; therefore, it is staff's recommendation that no further extensions be approved. WPC 1091P STREET ! ! · '~ CHULA VISTA : I SIERRA WAY SIERRA 1 []  WAY fIIIII/FI! EET : ' ' ~ ~A~ ...... ' .... RICE N~ ,,-~ ;TBY STREI ARIZONA -- ~ ' ~ ~-,-, STREET _~_~- .--~ ~ ' , c~-~--- W' I I WELTON ~ ~ LOCATOR · PCC- e2-:5 Temporory classroome and * exports,on of church foOllit¥ '~" ~ 470 "lZ' Street ~ City Planning Commission Agenda Items for Meeting of July 11, 1984 Page 5 3. PUBLIC HEARING: PCA-84-7, Consideration of proposed amendment to Chapter 19.14 deleting four-fifths vote to override Plannin~ Commission action A. BACKGROUND In September 1983, the City Council requested that staff report on the requirement of the four-fifths vote to override the Planning Commission's action on conditional use permits and variances. The report was submitted to the Council on May 19, 1984, who referred the matter to the Planning Commission for review and recommendation. B. RECOMMENDATION Adopt a motion recommending that the City Council enact an ordinance amending Chapter 19.14 of the Municipal Code deleting the four-fifths vote requirement to override Commission action as shown on Exhibit "A" attached hereto. C. DISCUSSION State Law The City Attorney's office researched the State law to determine whether a four-fifths vote is required to override the Planning Commission and found that no such provision exists. The Government Code (Section 65857) gives the general tenor of State law by stating that the legislative body "may approve, modify or disapprove" the recommendation of the Planning Commission. Municipal Code The Municipal Code requires a four-fifths vote on the part of the City Council to override the Planning Commission only on conditional, use permits and variances. The City Charter does not establish an extraordinary vote requirement, therefore, the ordinance may be amended by Council action. Other Jurisdictions After conducting a survey of other jurisdictions in the area, it was found that only the Cities of Vista and San Marcos have a similar four-fifths votes requirement and the City of Vista further limits its use to those cases where the Planning Commission has not approved a conditional use permit. City Planning Commission Agenda Items for Meeting of July 11, 1984 Page 6 D. ANALYSIS It should be noted that the Zoning Administrator presently handles all variances and certain conditional use permits. The decision of the Zoning Administrator is final unless appealed to the Planning Commission. A simple majority of the Planning Commission is all that is required to override the Zoning Administrator's action and yet if the decision of the Planning Commission on the same matter is appealed to the Council, the extraordinary vote is in effect. The Council has recently requested changes to the Municipal Code requiring a greater number of land use decisions involving CUP fillings to be forwarded on for Council action. Retaining 4/Sths vote override could add confusion to the process where certain CUP's would require approval by a simple majority while others would require the 4/Sths vote. Over the past five years, over 150 variances and conditional use permits have been processed with only seven appeals to the City Council. In each instance, the Council unananimously upheld the decision of the Planning Commission. Whether the extraordinary vote actually discouraged other appeals is unknown. During this same period, 42 zone change applications were processed by the City and only (3) requests denied by the Planning Commission were appealed to the City Council. In two of the cases the decision of the Commission was upheld by the Council and the third request is presently being considered. Based on the aforementioned, it is staff's opinion that deleting the four-fifths vote requirement will not diminish the authority of the Planning Commission; therefore, it is recommended that the Code be amended to allow a simple majority of the Council to override the decision of the Planning Commission. AL:fp WPC 1074P