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HomeMy WebLinkAboutAgenda Statement 1987/08/25 Item 22COUNCIL AGENDA STATEMENT • Item 22 Meeting Date 8/25/87 ITEM TITLE: PUBLIC HEARING: Revocation of Conditional Use Permit PCC 86-24M; Auto scrapyard located at 128 Mace Street - Mary Reed Resolution /~~ ,~ ~ Revoking major use permit PCC 86-24M to allow a scrapyard at 128 Mace Street for failure to relocate within the time allotted SUBMITTED BY: Director of Planning~l~ REVIEWED BY: City Manager (4/5ths Vote: Yes No X ) On June 23, 1987, Council reviewed a report prepared by staff regarding the status of an application being filed fora new major use permit to continue an existing auto scrapyard at 128 Mace Street. The present major use permit, PCC 86-24M, was conditioned to require that the auto recycling yard cease operation at that location on December 31, 1986; that deadline had been extended twice since then. Council granted an additional period of time in order to allow processing of the major use permit application being filed and directed staff to begin proceedings to revoke major use permit PCC 86-24M for • failure to abate the auto scrap yard in the time indicated for doing so. RECOMMENDATION. 1. Find that this project will have no significant environmental impacts and adopt the Negative Declaration issued on IS-86-31 M. 2. Adopt a motion to revoke major use permit PCC 86-24M for Chula Vista Auto Recycling located at 128 Mace Street, and further that the scrapyard use at that location shall be abated and permanently vacated no later than 30 days from a final decision by the City Council. BOARDS/COMMISSIONS RECOMMENDATION: An Initial Study, IS-86-31 M, of possi bl a adverse environmental impacts of the project was conducted by the Environmental Review Coordinator on May 29, 1986. The Environmental Review Coordinator concluded that there would be no significant environmental effects and recommended that the Negative Declaration be adopted. The Montgomery Planning Committee, at their meeting of August 5, 1987, voted 3 to 2 with two absent to recommend that major use Permit PCC 86-24M be revoked for that portion of the property now occupied by a scrapyard, and that the use be abated as outlined in the recommendation section of this report. The Planning Commission, at their meeting of August 12, 1987, voted 5 to 1 with one abstaining to revoke major use permit PCC 86-24M as outlined in the staff recommendation. • Page 2, Item 22 Meeting Date_ /25 DISCUSSION: Existing site characteristics The existing auto scrapyard is located on a level rectangular parcel at the northwest corner of Mace Street and Britton Avenue. An 8 foot fence surrounds the property, sections of which appear to be in disrepair. There is little or no landscaping evident, aside from a sparse scattering of ornamental bushes. The scrapyard is an open area within the fence used for storing scrap metal, along with a crane, auto crusher, a scale, and a small office. The scrap yard has sole access from Place Street, which is a paved, unimproved roadway. Britton Avenue lacks both paving and improvements. Similar establishments There are five auto dismantling businesses existing within the vicinity of this operation, all operating under major use permits (see exhibit). However, Chula vista Auto Recycling is the only business which crushes autos and deals with scrap metal. The status of the major use permits for auto dismantling are listed as follows: Major Use Type of Expiration • Business Name Location Permit Use Date J and C Auto Wreckers 3513 & 3517 P79-013 Auto 1989 Main Street Dismantling Standard Auto Recycling 150 Center St. P$7-40M Auto June 1989 Dismantling or 90 days after specific plan Phil Reeds 3525 Main Street P85-091 Auto 1990 Auto Recycling Dismantling Phil Reeds West side of PCC 86-24M Auto June 1988 Auto Recycling 128 Mace Street Dismantling or 60 days after specific plan Action Auto Dismantlers 151 Center St. Chula Vista Recycling East side of 128 Mace Street P80-055 Auto 1991 Dismantling PCC 86-24M Scrap Yard June 30, 1987 • • Page 3, Item 22 Meeting Date 8/25/87 ANALYSIS The present controversy surrounding the continued operation of Chula vista Recycling began in the first weeks after the annexation of Montgomery, when zoning enforcement received complaints that the scrapyard was unsightly and was violating the conditions of their major use permit. It was determined by staff that the major use permit granted by the County for both the property north of Britton Avenue between Center and Mace Streets and the property at 140 Center Street had expired, and the owner had neglected to obtain a new permit. Those properties contained the scrapyard, a dismantling yard, and a towing impound lot. The owners filed a new major use permit application which was considered by the City Council mid-year of 1986. The Council separated the three uses being conducted at 128 Mace Street and 140 Center. The scrapyard operated by Chula Vista Recycling was granted approval until December 31, 1986, at which time the use was to be abated. A chronology of the events leading to this hearing are outlined in Exhibit A of this report. Since this decision, the applicant has been granted three extensions of the final abatement date. The last continuance granted was at the Council hearing • of June 23, 1987, to allow processing of an application filed for a new major use permit. However, Council directed staff to initiate proceedings to revoke major use permit PCC 86-24M, for the scrapyard portion of the permit, to end further requests for continuance of the final abatement date. After an extended review of the events that have taken place and of Council's past actions, staff is recommending that the major use permit for Chula vista Recycling be revoked and the use be abated and permanently vacated from the premises no later than 30 days from Council's decision date. There has been clear direction by the Council over the past year that the scrapyard use is not appropriate at this location and should be abated. When the owner originally requested an extension of the final abatement date, the reasons stated for the request were that the operator of the yard needed an additional 90 days to lease property at another location and relocate the business. However, no evidence has been presented to the City that efforts to relocate have been pursued. The current extension granted gives sufficient tine to process the new major use permit application and have a decision rendered by the City Council. Once a decision is rendered on the new application there is no reason to extend the present use permit. The owner and operator of the scrapyard have stated that they are unable to find another site for the operation and have filed for a new major use permit to allow the scrapyard to continue as a permanent use. • _. Page 4, Item 22 • Meeting Date~$7~57$7~ Given the time already granted for relocation, staff is of the opinion that a 30 day period to vacate the premises is not unreasonable should the Council vote to revoke the major use permit. The scrapyard operators have now had over a year in which to relocate. However, if Council chooses within that time to grant the request for a new r~ajor use permit, An abatement date would no longer be necessary. FINDINGS 1. That the proposed use at the location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The continuing use at this location is unsightly and as such does not contribute to the general well being of the neighborhood. 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 continuing occurrence of scrap and debris within the right-of-way • from operation of the scrapyard and the use of the property, which lacks adequate improvements is detrimental to the health, safety and general welfare of persons residing in the vicinity. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The use as it is currently operated lacks on site parking, landscaping or improvements, and therefore does not comply with the conditions specified for such use. 4. That the granting of this conditional use permit will not adversely affect the general plan of the City or the adopted plan of any government agency. The continued operation of the scrapyard does not conform to the General Plan of the City or to the goals and policies stated in the draft Montgomery Specific Plan. FISCAL IMPACT: None. ~---- McC/Cox 4-0 for staff recom. but allow 60 days to relocate & ork WPC 4220P with staff & County for relo ating to land--f.i11------ - _._.__ -- by th? City Co~.~nc~l of • Chula Vista, California Dated