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HomeMy WebLinkAboutAgenda Statement 1987/08/25 Item 23COUNCIL AGENDA STATEMENT • Item 23 Meeting Date 8/25/87 ITEM TITLE: PUBLIC HEARING: Conditional Use Permit PCC-87-44M; request to continue an existing auto scrapyard located at 128 Mace Street within an M-58 heavy industrial zone - Sam Block Resolution~~dZ~-~ Denying major use permit PCC 87-44M to continue a scrapyard at 128 Mace Street SUBMITTED BY: Director of Planning /„~C REVIEWED BY: City Manager (L~ (4/5ths Vote: Yes No X ) The applicant has filed an application for a major use permit to continue an existing scrapyard known as Chula Vista Recycling located at 128 Mace Street. The major use permit now in effect over the property calls for permanent abatement of the use, the final abatement date has been extended until August 30 to allow for processing of the permit application. The zoning in effect for the property is M-58, a heavy industrial zone. RECOMMENDATION: • 1. Find that this project will have no significant environmental impacts and adopt the Negative Declaration issued on IS-86-31M. 2. Based on findings contained in Section "E" of this report, adopt a motion to deny PCC-87-44M, the request to continue the existing scrapyard located at 128 Mace Street, and further that the use shall be abated and permanently vacated no later than 30 days from the date of the final decision rendered by the City Council. BOARDS/COMMISSIONS RECOMMENDATION: An Initial Study, IS-86-31M, of possible 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 denial of the major use permit request and permanent abatement of the use as outlined in the recommendation section of this report. The Planning Commission, at their meeting of August 12, 1987, voted 5-1 with one abstaining to deny major use permit PCC 87-44M as outlined in the staff recommendation. • • Page 2, Item 23 Meeting Date~/$~ DISCUSSION: Adjacent zoning and land use North M-52 Auto parts sales, auto repair South M-58 Industrial park East t~1-58 Auto dismantling West M-52 Industrial buildings 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 i s an open area wi thi n 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 Mace Street, which is a paved, unimproved roadway. Britton Avenue lacks both paving and improvements. Proposed use • The applicant proposes to continue the existing auto scrap yard. Similar establishments There are five auto dismantling operations located within the vicinity of Chula Vista recycling which have valid major use permits. The type and status of those permits are included in the "similar establishments" section of the previous report. ANALYSIS The issue of whether or not to continue the auto scrapyard known as Chula Vista Auto Recycling has been before the Planning Commission and Council for over a year, as the previous report indicates (see Permit Chronology, Exhibit A of previous report). The scrapyard had originally been approved by the County as part of a major use permit which covered a larger area for auto dismantling. The conditions of approval for the County permit P75-88 required among other things that landscaping be installed and maintained on site, that parking areas and driveways be well maintained, and that no materials be stacked higher than the fence. It appears that these conditions were generally not adhered to. Conditions of approval for P75-88 are included in Exhibit A of this report. During processing of the major use permit submitted in February of 1986, several conditions were recommended by staff and approved by the Planning • Commission relating to bringing the project area up to current standards for street improvements, and keeping the site from becoming an eyesore to I J ~ _ 4. • Page 3, Item 23 Meeting Date $T~57$"f surrounding property owners (see conditions in Exhibit A). Complaints had been received from some owners that scrap was being stored in piles towering over the existing fence, that the fence was periodically in disrepair, that trucks hauling sc rap were blocking Mace Street, and that scrap, debris and junked autos were scattered over the street. Periodic site visits have indicated that conditions vary but have not improved substantially over the long term. The new major use permit now being processed is identical to the application originally submitted, and does not reflect compliance with the conditions suggested and imposed over the past year, or any of the complaints rendered by neighbors of the project site. The applicant has stated that they are willing to upgrade the property, but have not offered specific plans to address these issues. After an extended review of the events that have taken place and of Council's past actions, staff is recommending denial of the request and that 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. The project site is within an M-58 industrial zone which permits heavy industrial uses. However, auto dismantling and scrap operations are discretionary uses in any zone and are subject to approval of a major use permit. The intent of this requirement is to ensure that uses of this type are designed and conducted so that the operations are not unsightly and land use conflicts do not occur with surrounding areas. The proposal to continue the use in the application submitted does not meet this stated intent. 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 proposed use at 128 Mace Street has resulted in unsightly and hazardous conditions included piling of scrap so that it is visible to surrounding properties, scattering of metal debris within the roadway, and trucks blocking Mace Street while conducting business. Therefore, the proposed well being of the neighborhood and/or the community has been negatively affected. • • Page 4, Item 23 Meeting Date-$7~~ 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 existing use over the past 1-1 /2 years has resulted i n blocked traffic as well as debris being left on over the roadway, which is potentially detrimental to the health, safety, and general welfare of persons residing or working in the vicinity. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposed use does not comply with the regulations or standards relating to on-site parking, decorative fencing, or landscaping and conditions specified in the code 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 granting of a major use permit for the existing use does not • conform to the existing General Plan or the draft Montgomery Specific Plan. FISCAL IMPACT: None. WPC 4221P c~ he City Council of Chula Vist ,California Defied •