AGENDA
ITEM
25 DocuSign Envelope ID: 56A0CBA6-B903-42B6-9B63-12836B8B63A2 AGENDA
CALEXICO California ITEM
WHERE CALIFORNIA AND MEXICO MEET
25 CITY COUNCIL
AGENDA STAFF REPORT
DATE: October 4, 2023
TO: City Council
— DocuSigned by:
APPROVED BY: Esperanza Colio Warren, City Manage Eaglesta -8111D9EC15C642C...
PREPARED BY: Francisco Barba, Contract Planner
REVIEWED BY: Jeorge Galvan, AICP, Principal Planner
SUBJECT: Commercial Conditional Use Permit Fee Waiver Request for three Vehicle Dealerships at 105 West Cole Boulevard (APN 059-342-034) BACKGROUND:
In and prior to 2019, the City of Calexico received three business license applications for a vehicle dealership, a gasoline station, and a commercial retail store all located at 105 West Cole Boulevard (APN 059-342-034). The subject property is located within a CH (Commercial Highway) zone which, per Section 17.05.120(B)(8) of the City of Calexico Zoning Ordinance, lists vehicle dealerships as a conditional use subject to a Conditional Use Permit (CUP) issued by the Planning Commission. Even though conditional uses are mandated to undergo the CUP process outlined in Chapter 17.01(Article V) of the City of Calexico Municipal Code, previous city administrations opted to forgo the review process and issue a business license for a vehicle dealership without a CUP rendering it noncompliant with the Municipal Code.
The current City administration was made aware of the noncompliant license on August 15, 2023, when Imad Yousif Mariam, Applicant, submitted two business license applications for two new vehicle dealerships at the same location. The Applicant was informed that the two proposed vehicle dealerships will need to undergo the CUP process mandated by the Municipal Code, and the third noncompliant license issued in 2019 will need to undergo the same process in order to bring the existing business into compliance with the City of Calexico Municipal Code. Upon receiving the information, the Applicant objected the ruling and opted to submit a fee waiver request in order to forgo the $6,551 commercial CUP application fee listed on the City of Calexico Miscellaneous City of Calexico City Council Meeting
105 W. Cole Blvd. Commercial CUP Fee Waiver - October 4, 2023 Page 1 of 4 DocuSign Envelope ID: 56A0CBA6-B903-42B6-9B63-12836B8B63A2 Planning/Zoning Fee Schedule. It is important to note that the commercial CUP fee is per application and is utilized to cover the costs associated with staff review time, public noticing, and Planning Commission meetings. The total commercial CUP fee for all three applications total $19,653.
RECOMMENDATION:
The purpose of this item is to present a request to waive the commercial Conditional Use Permit (CUP) fees for three vehicle dealerships to be located at 105 West Cole Boulevard (APN 059-342- 034), submitted by the Applicant, to the City Council so that Council may vote to approve, conditionally approve, or deny the fee waiver request.
Upon reviewing all relevant information and hearing all comments for and against the request, city staff recommends that the City Council consider the following action:
1. City staff recommends that the City Council vote to deny the CUP fee waiver requested for three vehicle dealerships to be located at 105 West Cole Boulevard (APN 059-342- 034).
DISCUSSION AND ANALYSIS:
On August 15, 2023, Imad Yousif Mariam, Applicant, submitted a business license application for a new vehicle dealership under the business name "Ignite Vehicles Inc. dba Ignite Vehicle Dealership" located at 105 West Cole Boulevard (APN 059-342-034). While reviewing the submitted business license application and beginning work on a review letter, the Development Services Department received a second business license application from the Applicant on August 30, 2023. The second business license application is for a second vehicle dealership under the business name "Horizon Vehicles" located on the same location as the business license submitted on August 15, 2023.
A review letter dated September 5, 2023, was prepared and sent to the Applicant on the same day.
The letter stated that a business license can not be issued because Section 17.05.120(B)(8) of the City of Calexico Zoning Ordinance lists vehicle dealerships as a conditional use in CH (Commercial Highway) zones, where the proposed business is located, and a CUP application is required. The letter further detailed the CUP process as stated in the City of Calexico Zoning Ordinance, the CEQA (California Environmental Quality Act) process, and the relative fees from the City of Calexico Fee Schedule.
Upon receiving the review letter, the Applicant argued that they did not need to undergo the CUP process for all three business licenses. Upon receiving the same response as the review letter, the Applicant proceeded to submit a CUP fee waiver request in writing on September 26, 2023 (Attachment B) claiming economic disaster due to COVID-19 as the reason for the request. It must also be stated that the fee waiver request is only for the commercial CUP fee and any additional fees related to CEQA or other permits/reviews are not part of the request.
City of Calexico City Council Meeting
105 W. Cole Blvd. Commercial CUP Fee Waiver - October 4, 2023 Page 2 of 4 DocuSign Envelope ID: 56A0CBA6-B903-42B6-9B63-12836B8B63A2 Zoning & Application Fees. The Subject property is located within a CH zone which per Section
17.05.120(B)(8) of the City of Calexico Zoning Ordinance, lists "Automobile and or truck services, including, but not limited to, sales, rental agencies, body repair, painting, and car washes" as conditionally permitted subject to the approval of a CUP by the City of Calexico Planning Commission. Per the City of Calexico Miscellaneous Planning/Zoning Fee Schedule (Attachment D), commercial CUPs require a fee of $6,551 per application which is utilized to cover the costs associated with staff review time, public noticing, and Planning Commission meetings. Since the Applicant is required to undergo a CUP review for all three business license applications, they will be required to pay the $6,551 CUP application fee for each application should they wish to pursue all three applications. This equates to a total of $19,653.
Fee Waiver Process. Section 2.02.270 of the City of Calexico Municipal Code grants applicants the ability to apply for a waiver on any city fee by stating the following:
"A person may apply for a waiver of any city fee, up to an amount set by city council resolution, by submitting a written application to the city manager on a form provided by the city. The city manager, or designee, may grant a fee waiver for good cause shown, hardship, ot equity as provided in the city's fee waiver policy adopted by city council resolution and amended from time to time. The decision of the city manager, or designee, may be appealed to the city council."
It is important to note that even though Section 2.02.270 states that the City Manager may grant a waiver of any city fee, the City Manager may also defer the decision to the City Council as they are the ruling body of the City of Calexico. Therefore, the City Council has full authority to approve, conditionally approve, or deny any fee waiver request.
Staff Recommendation. Given the above-referenced information, it is important to reiterate that the commercial CUP fee listed on the City of Calexico fee schedule is necessary to cover the costs associated with staff review time, public noticing, and Planning Commission meetings.
Furthermore, by granting the requested fee waiver, the City of Calexico will set a precedent that will force the City to consider the approval of all future fee waiver requests for commercial CUPs. Therefore, staff recommends that the City Council deny the commercial CUP fee waiver request.
ENVIRONMENTAL
CEQA is a statute that requires state and local agencies to identify the significant environmental impacts of their actions and to avoid or mitigate those impacts, if feasible. A public agency must comply with CEQA when a project "receives some discretionary approval from a government agency which may cause either a direct physical change in the environment or a reasonably foreseeable indirect change in the environment." Compliance can be met by determining whether a project is exempt from CEQA or preparing an environmental analysis, typically a negative declaration (ND), mitigated negative declaration (MND) or environmental impact report (EIR).
City of Calexico City Council Meeting
105 W. Cole Blvd. Commercial CUP Fee Waiver - October 4, 2023 Page 3 of 4 DocuSign Envelope ID: 56A0CBA6-B903-42B6-9B63-12836B8B63A2 The requested fee waiver is exempt from CEQA review via Section 15061(b)(3) of the CEQA Guidelines for Implementation which states the following:
"The activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." (California Code of Regulations).
As a fee waiver request, it can be seen with certainty that there is no possibility that the requested fee waiver may result in a significant effect on the environment.
FISCAL IMPACT
If the requested commercial CUP fee waiver were granted, the City will not receive the $19,653 commercial CUP application fee associated with the three business license applications, and will be forced to pay any and all costs associated with processing the CUPs (staff time, public noticing, Planning Commission meetings, etc.).
COORDINATED WITH
City Manager's Office.
ATTACHMENTS
Attachment A - Project Location Map
Attachment B - Fee Waiver Request Letter
Attachment C - Review Letter Dated 9/5/23
Attachment D - Miscellaneous Planning/Zoning Fee Schedule City of Calexico City Council Meeting
105 W. Cole Blvd. Commercial CUP Fee Waiver - October 4, 2023 Page 4 of 4 Attachment A - Project Location Map
FIESTA BOULEVARD SCARONI ROAD
MPERIAL AVENUE
COLE BOULEVARD
!
LEGEND:
PROJECT AREA
The Holt Group, Inc. APN 059-342-034 VICINITY MAP
ENGINEERING • PLANNING-SURVEYING CITY OF CALEXICO
(760)337-3883 PROJECT No. 176.017
1601 N. Imperial Ave. El Centro, California 92243
NOT TO SCALE
DATE: 9/27/2023
Attachment B - Fee Waiver Request Letter
Waiver Request CUP Application Fees
September 26th , 2023
(APN 059-342-034)
Ignite Vehicles Dealership
105 W Cole Blvd
Calexico, CA 92231
Phone: 619-956-6171 or 619-887-1118
Email: [email protected]
Business License Review Letter
Dear City Council,
On September 5' 2023, we received a letter back from the city requesting a conditional use permit from us to move with the process of the proposed Vehicle Dealership application, but due to this letter received we are requesting also a fee waiver for the application fees process due to economic disaster we currently have during this year and prior since Covid-19. As you can see the City Of Calexico has also had lots of businesses close down due to the same to the same disaster situation, similar as gas stations and convenience stores around the city. This site currently has one active dealership license for the past 5 years until today and requesting at this time 3 more additional dealership licenses to be opened in the same site location, for a business opportunity to provide the support for the people in this city and as well the City Of Calexico. To grow those businesses together, were also asking the city's support to move with this application without any Cup Fees that may cost up to thousands of dollars to obtain and operate. At this moment we would love your support and the city's as well. Thank you so much and look forward for your support.
Sincerely,
Imad Yousif Mariam
Attachment C - Review Letter Dated 9/5/23
City of Calexico
Development Services Department - Planning Division
Business License Review Letter
BATE
Phone: 760.768.2118 Fax 760.357.7862 Email: [email protected]
CALEXICO
Via Email Only
www.calexico.ca.gov
September 5, 2023
Imad Yousif Mariam
P.O. Box 20603
El Cajon, CA 92021
RE: BUSINESS LICENSE REVIEW LETTER FOR A PROPOSED VEHICLE DEALERSHIP AT 105 WEST COLE BOULEVARD (APN 059-342-034) Dear Applicant,
On August 15, 2023, the City of Calexico received a business license application for a proposed vehicle dealership at 105 West Cole Boulevard (APN 059-342-034). Unfortunately, a business license cannot be issued due to the following reasons:
1. ZONING. The subject property is located within a CH (Commercial Highway) Zone which is intended for neighborhood shopping centers which provide limited retail business service and office facilities for the convenience of residents of the neighborhood. Vehicle dealerships fall under automobile sales which, per Section
17.05.120(B)(8) of the City of Calexico Zoning Ordinance, are conditionally permitted.
The new business license application for a dealership under the business name "Ignite Vehicles Inc. DBA Ignite Vehicles Dealership" will require the approval of a Conditional Use Permit (CUP) application.
Please refer to Attachment A or the following link for more detailed information:
https://library.municode.com/ca/calexico/codes/code_of_ordinances?nodeld=TIT17Z0 CH17.05COZO 17.05.120PECOUSZO
2. CUP PROCESS. Article V of the City of Calexico Zoning Ordinance sets a clear process for the issuance of a CUP. Due to their unusual characteristics, conditional uses require special consideration so that they may be located properly with respect to the objectives of the Zoning Ordinance and with respect to their effects on surrounding properties. It is important to note that the submittal of a CUP application does not guarantee approval.
Section 17.01.510 of the Zoning Ordinance grants the Planning Commission the authority to approve or deny any CUP. Section 17.01.535 of the Zoning Ordinance further states that a CUP granted by the Planning Commission may be revocable, granted for a limited 1 time, or granted to conditions of approval which include but are not limited to the list provided in Section 17.01.535(A) of the Zoning Code.
The procedure for the acquisition of a CUP as described in Article V of the Zoning Ordinance has been summarized for your convenience and is as follows:
A. Application. Per Section 17.01.515 of the Zoning Ordinance, applications for a CUP shall be filed with the planning director and shall include the following data and maps:
a) Name and address of the applicant.
b) Statement that the applicant is the owner or the authorized agent of the owner of the property on which the use is proposed to be located. c) Address and legal description of the property.
d) Statement indicating the precise manner of compliance with each of the applicable provisions of this title, together with any other data pertinent to the findings prerequisite to the granting of a use permit, prescribed in Section 17.01.540 of the Zoning Ordinance.
e) A list of all owners of property located within three hundred feet of the exterior boundaries of the subject property; the list shall be keyed to a map showing the location of these properties.
f) Plot plans and elevations, fully dimensioned, indicating the type and location of all buildings and structures, parking and landscape areas and signs. Elevation plans shall be of sufficient detail to indicate the type and color of materials to be employed and methods of illumination for signs. Screening, landscape and irrigation plans shall be included in the plans.
g) The planning director may waive requirements of subsection f above and/or require additional data as deemed necessary to the decision- making process.
B. Public Hearing. Per Section 17.01.520 of the Zoning Ordinance, upon receipt of an application, a review/report has been prepared by the Planning Director. During a public hearing, the Planning Commission shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings prescribed in Section 17.01.540 of the Zoning Ordinance.
C. Findings. Per Section 17.01.540 of the Zoning Ordinance, the Planning Commission shall make the following findings before granting a CUP:
a) That the proposed location size, design, and operating characteristics of the proposed use is in accord with the title and purpose of Title 17 of the Zoning Ordinance, the purpose of the zone in which the site is located, 2 the City of Calexico General Plan, and the development policies and standards of the city; and
b) That the location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources, with consideration given to:
1. Harmony in scale, bulk, coverage, and density,
2. The availability of public facilities, services and utilities,
3. The harmful effect, if any, upon desirable neighborhood character,
4. The generation of traffic and the capacity and physical character of surrounding streets,
5. The suitability of the site for the type and intensity of use or development which is proposed,
6. The harmful effect, if any, upon environmental quality and natural resources, and to
7. Any other relevant impact of the proposed use.
c) That the proposed location size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; and
d) That the proposed conditional use will comply with each of the applicable provisions of this title, except for an approved variance.
D. New Applications. Per Section 17.01.570 of the Zoning Ordinance, following the denial of a use permit application or the revocation of a use permit, no application for a use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the use permit.
Please note that the information provided above is a summarized version of the process set forth in Article V of the Zoning Ordinance, and additional requirements may be needed.
Please refer to Attachment B or the following link for more detailed information:
https://library.municode.com/ca/calexico/codes/code_of_ordinances?nodeld=TIT17ZO CH17.01GEPR ARTVCOUSPERE
3. CEQA. CEQA (California Environmental Quality Act) is a statute that requires state and local agencies to identify the significant environmental impacts of their actions and to avoid or mitigate those impacts, if feasible. A public agency must comply with CEQA when a project "receives some discretionary approval from a government agency which may cause 3 either a direct physical change in the environment or a reasonably foreseeable indirect change in the environment." Compliance can be met by determining whether a project is exempt from CEQA or preparing an environmental analysis, typically a negative declaration (ND), mitigated negative declaration (MND) or environmental impact report (EIR). The project will undergo the necessary review required by CEQA should the project proceed with a CUP application.
4. FEES. Per the City of Calexico Planning/Zoning Fee Schedule, CUP applications for commercial uses have a required fee of $6,551. It is important to note that should the project require an environmental analysis, the relevant environmental fees listed on Attachment C will be required. It is important to note that the Initial Study and Environmental Clearance fees are for the City to prepare the necessary CEQA documents. Applicants may hire an outside consultant for the preparation of environmental documentation provided that a list of said consultants and subcontractors is provided to the City for approval.
Please note that all required fees must be paid at the time of submittal and work on the project will not begin until all the required fees have been paid. Refer to Attachment C for additional information.
Please note that the comments listed above are from the Development Services Department Planning Division and additional requirements may be requested by other departments. Should you have any questions or concerns regarding this communication please do not hesitate to contact me at (760) 768-7462 or via email at [email protected].
Respectfully, Reviewed by,
Francisco Barba, Jeorge Galvan, AICP
Contract Planner Principal Planner
The Holt Group, Inc. The Holt Group, Inc.
Attachment: Attachment A - Section 17.05.120 - Permitted & Conditional Uses - C Zones Attachment B - Article V - Conditional Use Permit Regulations Attachment C - City of Calexico Miscellaneous Planning/Zoning Fee Schedule
4. 17.05.120 - Permitted and conditional uses-C zones.
The following uses shall be permitted uses where the symbol "P" appears and shall be permitted, "p*" appears shall be permitted but subject to review, approval, and conditions of approval by the planning and building services director, uses subject to a conditional use permit where the symbol "C" appears in the column beneath each zone designation; where the symbol "X" appears the use is prohibited.
CO CN CH CS
A. Administrative and Professional Services
1. Including, but not limited to administrative offices; financial institutions, accounting and auditing services; clerical and legal services; counseling services; public utility company offices; medical, dental and related health services
2. Cannabis testing laboratories (See Chapter 17.10, Article X) B. General Commercial Uses
1. Adult businesses (see Section 17.11.810—17.11.830)
2. Antique shops
3. Apparel shops
4. Art, music and photographic studios and supply stores
5. Appliance stores and repair
6. Arcades and electronic games (see Section 17.11.610—17.11.620)
7. Athletic and health club
8. Automobile and or truck services, including, but not limited to, sales, rental agencies, body repair, painting, and car washes
9. Bakeries-retail only
10. Barber and beauty shops
11. Bicycle shops, nonmotorized
12. Blueprint and photocopy services when operated in conjunction with a professional office of engineering, planning, surveying, architecture, drafting
13. Boat and camper sales and services
14. Book, gift, and stationery stores
15. Candy stores and confectioneries
16. Carpet and flooring stores X
17. Catering establishments
18. Cleaners including dry cleaning with or without cleaning machinery on-site X Article V. - Conditional Use Permit Regulations
17.01.510 - Purpose.
In order to give the use regulations the flexibility necessary to achieve the objectives of this title, conditional uses are permitted, subject to the granting of a conditional use permit. Because of their unusual characteristics, conditional uses require special consideration so that they may be located properly with respect to the objectives of the zoning ordinance and with respect to their effects on surrounding properties. In order to achieve these purposes, the planning commission is empowered to grant and to deny applications for use permits for such conditional uses in such zones as are prescribed in the zoning ordinance and to impose reasonable conditions upon the granting of conditional use permits. (1992 zoning ord. (part))
17.01.515 - Application—Data and maps to be furnished.
Application for a conditional use permit shall be filed with the planning director on a form prescribed by the planning director and shall include the following data and maps:
A. Name and address of the applicant.
B. Statement that the applicant is the owner or the authorized agent of the owner of the property on which the use is proposed to be located. This provision shall not apply to a proposed public utility right-of-way.
C. Address and legal description of the property.
D. Statement indicating the precise manner of compliance with each of the applicable provisions of this title, together with any other data pertinent to the findings prerequisite to the granting of a use permit, prescribed in Section 17.01.540.
E. A list of all owners of property located within three hundred feet of the exterior boundaries of the subject property; the list shall be keyed to a map showing the location of these properties.
F. Plot plans and elevations, fully dimensioned, indicating the type and location of all buildings and structures, parking and landscape areas and signs. Elevation plans shall be of sufficient detail to indicate the type and color of materials to be employed and methods of illumination for signs. Screening, landscape and irrigation plans shall be included in the plans. decision-making process. (1992 zoning ord. (part))
17.01.520 - Public hearing.
The hearing shall be set and notice given as prescribed in Section 17.01.230. At the public hearing, the planning commission shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings prescribed in Section 17.01.540. (1992 zoning ord. (part))
17.01.530 - Investigation and report.
The planning director shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the planning commission and made available to the applicant on the Friday prior to the public hearing. (1992 zoning ord. (part))
17.01.535 - Conditions of approval.
A. A conditional use permit may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the commission may prescribe. Conditions may include, but shall not be limited to requiring:
1. Special yards;
2. Open spaces;
3. Buffers;
4. Fences;
5. Walls;
6. Installation and maintenance of landscaping;
7. Street dedications and improvements;
9. Regulation of traffic circulation;
10. Regulation of signs;
11. Regulation of hours of operation and methods of operations;
12. Control of potential nuisances;
13. The prescription standards for maintenance of building and grounds;
14. Prescription of development schedules and development standards; and
15. Such other conditions as the commission may deem necessary to ensure compatibility of the use with surrounding developments and uses and to preserve the public health, safety, and welfare.
B. Variations from the regulations prescribed elsewhere in this section for fences, walls, hedges, screening, and landscaping; site area, width and depth; front, rear and side yards; coverage; height of structures; distances between structures; usable open space; signs; off-street parking facilities or frontage on a public street, shall be separately administered in accordance with the procedures in Article VI, Variances, of this chapter. (1992 zoning ord. (part))
17.01.540 - Findings.
The planning commission shall make the following findings before granting a conditional use permit:
A. That the proposed location size, design, and operating characteristics of the proposed use is in accord with the title and purpose of this zoning title, the purpose of the zone in which the site is located, the Calexico general plan, and the development policies and standards of the city; and
B. That the location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings, structures, or natural resources, with consideration given to:
1. Harmony in scale, bulk, coverage, and density,
2. The availability of public facilities, services and utilities,
3. The harmful effect, if any, upon desirable neighborhood character,
4. The generation of traffic and the capacity and physical character of surrounding streets,
5. The suitability of the site for the type and intensity of use or development which is proposed,
6. The harmful effect, if any, upon environmental quality and natural resources, and to
7. Any other relevant impact of the proposed use; and
C. That the proposed location size, design, and operating characteristics of the proposed use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; and
D. That the proposed conditional use will comply with each of the applicable provisions of this title, except for an approved variance. (1992 zoning ord. (part))
17.01.545 - Lapse of conditional use permit.
A. A conditional use permit shall lapse and shall become void three years following the date on which the use permit was approved, unless prior to the expiration of the permit:
1. A building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the use permit application; or
2. A certificate of occupancy is issued for the structure which was the subject of the use permit application; or
3. The site is occupied in accordance with conditional use, if no building permit or certificate of occupancy is required; or
4. The use which was the subject of the use permit application is commenced, provided that a use permit for a public utility installation may be valid for a longer period if specified by the commission.
B. A conditional use permit subject to lapse may be renewed for an additional period of three years, provided that ninety calendar days prior to the expiration date, an application for renewal of the use permit is filed with the director of planning on the prescribed form and accompanied by the necessary data and deposits.
C. The planning commission may grant or deny an application for renewal of a conditional use permit.
D. If the use, business, or service for which the conditional use permit was issued terminates or ceases operation for a continuous period of time in excess of one hundred and eighty calendar days except for:
1. Destruction or damage by acts of God; or
2. Destruction or damage by malicious acts; or
3. Remodeling or rehabilitation requiring prolonged closure; The conditional use permit shall expire and the permit shall thereafter have no further force or effect. (1992 zoning ord. (part))
(Ord. No. 1173, § 4, 10-12-2016)
17.01.550 - Pre-existing conditional uses.
A. A conditional use legally established prior to the effective date of the ordinance codified in this title, or prior to the effective date of in accordance with the conditions prescribed at the time of its establishment, if any; and provided that it meets the requirements of Section 17.01.545.
B. Alteration or expansion of a pre-existing conditional use shall be permitted only upon the granting of a conditional use permit as prescribed in this article, provided that minor alterations as determined by the director of planning shall be permitted without the granting of a conditional use permit.
C. A conditional use permit shall be required for the reconstruction of a structure which has a pre-existing conditional use, if the structure is destroyed by fire or other calamity, by act of God, or by the public enemy to an extent greater than fifty percent. The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of duplicating the entire structure as it existed prior thereto.
Estimates for this purpose shall be made by or shall be reviewed and approved by the city engineer and building official and shall be based on the minimum cost of construction in compliance with the building code. (1992 zoning ord. (part))
17.01.560 - Modification of conditional use.
Sections 17.01.510 through 17.01.540 shall apply to an application for modification, expansion, or other change in a conditional use, provided that minor revisions or modifications may be approved by the planning director, if it is determined that the changes would not affect the findings prescribed in Section 17.01.540, Findings. (1992 zoning ord. (part)
17.01.565 - Suspension and revocation.
A. Suspension. If in the opinion of the director of planning, a violation of any applicable provision of this title; or, if granted subject to conditions, upon failure to comply with conditions; or that, as a result of evidence now available and not available at the prior hearing when permit was granted and could not have been obtained with reasonable diligence at that hearing, the findings made, pursuant to Section 17.01.540, can no longer be made; or that the permit was obtained by fraud, a conditional use permit shall be suspended automatically.
B. Revocation. The planning commission shall hold a public hearing within forty calendar days, in accordance with procedure prescribed in Section 17.01.230, Public hearing and notification. The planning commission, if it is not satisfied that the regulation, general provision, or condition(s) is being complied with, may revoke the conditional use permit or take such action as may be necessary to ensure compliance with the regulation, general provision, or condition(s). The decision shall become final thirty calendar days following the date on which the use permit was revoked unless a request for an appeal has been filed within the ten calendar days, in which case Section 17.01.250, Action by the city council, shall apply. (1992 zoning ord. (part))
17.01.570 - New applications.
Following the denial of a use permit application or the revocation of a use permit, no application for a use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the use permit. (1992 zoning ord. (part))
17.01.575 - Use permit to run with the land.
A use permit granted pursuant to the provisions of this article shall continue to be valid upon a change of ownership of the site, business, service, use or structure which was the subject of the use permit application. (1992 zoning ord. (part))
17.01.580 - Use permit and change of zone filed concurrently.
Application for a conditional use permit may be made at the same time as application for a change in zone boundaries including the same property, in which case the city shall hold the public hearing on the zoning change and the use permit at the same meeting and may combine the two hearings. (1992 zoning ord. (part))
CITY OF CALEXICO
MISCELLANEOUS PLANNING/ ZONING FEE SCHEDULE
CALEXICO
ITEM FEE (2012
ORDINANCE NO. 1102)
Annexation Request Review $18,021.00
Appeals to Planning Commission 65,600.00
Appeals to City Council $867.00
Conditional Use Permit- Commercial $6,551.00
Conditional Use Permit- Residential/ Industrial $3,354.00 Condominium Conversion $3,973.00
Development Review Committee for Carports not specified Development Review Committee- "Design Review" (PRC) $5,810.00 Development Agreement and/or CFD Review $11,783.00
Environmental Clearance-EIR/MND Preparation (+10% Admin Fee) $47,985.00 Environmental Clearance- Staff Prepared IS & Negative Declaration $8,265.00 Farm Labor Recruitment $135.00
General Plan Amendment $22,595.00
Initial Study (EAC) $474.00
Home Occupancy/ Zoning Consistency $274.00
Landscape & Irrigation Plan Review $770.00
Landscape & Irrigation Plan Review (under 5 acres)- 3rd Party Consultant $892.00 Lot line adjustment/ Certificate of Compliance (Admin Review) $1,890.00 Revised Tentative Parcel Map-Minor (Less than 4 lots) UA $2,500.00 Revised Tentative Subdivision Map-Major (More than 5 lots) $5,000.00 Research request $863.00
Site Plan Review (Ministerial Projects) $216.00
Specific Plan Amendment $22,595.00
Specific Plan Review (UA) $11,783.00
Temporary Use Permit $135.00
Temporary Sign Permit $45.00
Tentative Parcel Map-Minor (Less than 4 lots) $10,274.00 Tentative Subdivision Map-Major (More than 5 lots) $22,839.00 Time Extension for Development Review, CUP, etc. $3,089.00 Time Extension for TPM & TTM $3,089.00
Variance (Major/Minor) - Valuation $100,000 $9,583.00
Zone Change $8,397.00
Zoning Text Amendment $9,583.00
Zoning Verification & Information Letter $863.00
Attachment D - Miscellaneous Planning/Zoning Fee Schedule
CITY OF CALEXICO
MISCELLANEOUS PLANNING/ ZONING FEE SCHEDULE
IF LEE
CALEXICO
ITEM FEE (2012
ORDINANCE NO. 1102)
Annexation Request Review $18,021.00
Appeals to Planning Commission 85,600.00
Appeals to City Council $867.00
Conditional Use Permit- Commercial $6,551.00
Conditional Use Permit- Residential/ Industrial $3,354.00 Condominium Conversion $3,973.00
Development Review Committee for Carports not specified Development Review Committee- "Design Review" (PRC) $5,810.00 Development Agreement and/or CFD Review $11,783.00
Environmental Clearance- EIR/MND Preparation (+10% Admin Fee) $47,985.00 Environmental Clearance- Staff Prepared IS & Negative Declaration $8,265.00 Farm Labor Recruitment $135.00
General Plan Amendment $22,595.00
Initial Study (EAC) $474.00
Home Occupancy/ Zoning Consistency $274.00
Landscape & Irrigation Plan Review $770.00
Landscape & Irrigation Plan Review (under 5 acres)- 3rd Party Consultant $892.00 Lot line adjustment/ Certificate of Compliance (Admin Review) $1,890.00 Revised Tentative Parcel Map-Minor (Less than 4 lots) UA $2,500.00 Revised Tentative Subdivision Map-Major (More than 5 lots) $5,000.00 Research request $863.00
Site Plan Review (Ministerial Projects) $216.00
Specific Plan Amendment $22,595.00
Specific Plan Review (UA) $11,783.00
Temporary Use Permit $135.00
Temporary Sign Permit $45.00
Tentative Parcel Map-Minor (Less than 4 lots) $10,274.00 Tentative Subdivision Map-Major (More than 5 lots) $22,839.00 Time Extension for Development Review, CUP, etc. $3,089.00 Time Extension for TPM & TTM $3,089.00
Variance (Major/Minor)- Valuation $100,000 $9,583.00
Zone Change $8,397.00
Zoning Text Amendment $9,583.00
Zoning Verification & Information Letter $863.00
AGENDA
ITEM
CALEXICO California
AND MEXICO MEET
CITY COUNCIL
AGENDA STAFF REPORT
DATE: October 4, 2023
TO: City Council
APPROVED BY: Esperanza Colio Warren, City Manager
PREPARED BY: Francisco Barba, Contract Planner
REVIEWED BY: Jeorge Galvan, AICP, Principal Planner
SUBJECT: Commercial Conditional Use Permit Fee Waiver Request for three Vehicle Dealerships at 105 West Cole Boulevard (APN 059-342-034) BACKGROUND:
In and prior to 2019, the City of Calexico received three business license applications for a vehicle dealership, a gasoline station, and a commercial retail store all located at 105 West Cole Boulevard (APN 059-342-034). The subject property is located within a CH (Commercial Highway) zone which, per Section 17.05.120(B)(8) of the City of Calexico Zoning Ordinance, lists vehicle dealerships as a conditional use subject to a Conditional Use Permit (CUP) issued by the Planning Commission. Even though conditional uses are mandated to undergo the CUP process outlined in Chapter 17.01(Article V) of the City of Calexico Municipal Code, previous city administrations opted to forgo the review process and issue a business license for a vehicle dealership without a CUP rendering it noncompliant with the Municipal Code.
The current City administration was made aware of the noncompliant license on August 15, 2023, when Imad Yousif Mariam, Applicant, submitted two business license applications for two new vehicle dealerships at the same location. The Applicant was informed that the two proposed vehicle dealerships will need to undergo the CUP process mandated by the Municipal Code, and the third noncompliant license issued in 2019 will need to undergo the same process in order to bring the existing business into compliance with the City of Calexico Municipal Code. Upon receiving the information, the Applicant objected the ruling and opted to submit a fee waiver request in order to forgo the $6,551 commercial CUP application fee listed on the City of Calexico Miscellaneous City of Calexico City Council Meeting
105 W. Cole Blvd. Commercial CUP Fee Waiver - October 4, 2023 Page 1 of 4 Planning/Zoning Fee Schedule. It is important to note that the commercial CUP fee is per application and is utilized to cover the costs associated with staff review time, public noticing, and Planning Commission meetings. The total commercial CUP fee for all three applications total $19,653.
RECOMMENDATION:
The purpose of this item is to present a request to waive the commercial Conditional Use Permit (CUP) fees for three vehicle dealerships to be located at 105 West Cole Boulevard (APN 059-342- 034), submitted by the Applicant, to the City Council so that Council may vote to approve, conditionally approve, or deny the fee waiver request.
Upon reviewing all relevant information and hearing all comments for and against the request, city staff recommends that the City Council consider the following action:
1. City staff recommends that the City Council vote to deny the CUP fee waiver requested for three vehicle dealerships to be located at 105 West Cole Boulevard (APN 059-342- 034).
DISCUSSION AND ANALYSIS:
On August 15, 2023, Imad Yousif Mariam, Applicant, submitted a business license application for a new vehicle dealership under the business name "Ignite Vehicles Inc. dba Ignite Vehicle Dealership" located at 105 West Cole Boulevard (APN 059-342-034). While reviewing the submitted business license application and beginning work on a review letter, the Development Services Department received a second business license application from the Applicant on August 30, 2023. The second business license application is for a second vehicle dealership under the business name "Horizon Vehicles" located on the same location as the business license submitted on August 15, 2023.
A review letter dated September 5, 2023, was prepared and sent to the Applicant on the same day.
The letter stated that a business license can not be issued because Section 17.05.120(B)(8) of the City of Calexico Zoning Ordinance lists vehicle dealerships as a conditional use in CH (Commercial Highway) zones, where the proposed business is located, and a CUP application is required. The letter further detailed the CUP process as stated in the City of Calexico Zoning Ordinance, the CEQA (California Environmental Quality Act) process, and the relative fees from the City of Calexico Fee Schedule.
Upon receiving the review letter, the Applicant argued that they did not need to undergo the CUP process for all three business licenses. Upon receiving the same response as the review letter, the Applicant proceeded to submit a CUP fee waiver request in writing on September 26, 2023 (Attachment B) claiming economic disaster due to COVID-19 as the reason for the request. It must also be stated that the fee waiver request is only for the commercial CUP fee and any additional fees related to CEQA or other permits/reviews are not part of the request.
City of Calexico City Council Meeting
105 W. Cole Blvd. Commercial CUP Fee Waiver - October 4, 2023 Page 2 of 4 Zoning & Application Fees. The Subject property is located within a CH zone which per Section
17.05.120(B)(8) of the City of Calexico Zoning Ordinance, lists "Automobile and or truck services, including, but not limited to, sales, rental agencies, body repair, painting, and car washes" as conditionally permitted subject to the approval of a CUP by the City of Calexico Planning Commission. Per the City of Calexico Miscellaneous Planning/Zoning Fee Schedule (Attachment D), commercial CUPs require a fee of $6,551 per application which is utilized to cover the costs associated with staff review time, public noticing, and Planning Commission meetings. Since the Applicant is required to undergo a CUP review for all three business license applications, they will be required to pay the $6,551 CUP application fee for each application should they wish to pursue all three applications. This equates to a total of $19,653.
Fee Waiver Process. Section 2.02.270 of the City of Calexico Municipal Code grants applicants the ability to apply for a waiver on any city fee by stating the following:
"A person may apply for a waiver of any city fee, up to an amount set by city council resolution, by submitting a written application to the city manager on a form provided by the city. The city manager, or designee, may grant a fee waiver for good cause shown, hardship, or equity as provided in the city's fee waiver policy adopted by city council resolution and amended from time to time. The decision of the city manager, or designee, may be appealed to the city council."
It is important to note that even though Section 2.02.270 states that the City Manager may grant a waiver of any city fee, the City Manager may also defer the decision to the City Council as they are the ruling body of the City of Calexico. Therefore, the City Council has full authority to approve, conditionally approve, or deny any fee waiver request.
Staff Recommendation. Given the above-referenced information, it is important to reiterate that the commercial CUP fee listed on the City of Calexico fee schedule is necessary to cover the costs associated with staff review time, public noticing, and Planning Commission meetings.
Furthermore, by granting the requested fee waiver, the City of Calexico will set a precedent that will force the City to consider the approval of all future fee waiver requests for commercial CUPs. Therefore, staff recommends that the City Council deny the commercial CUP fee waiver request.
ENVIRONMENTAL
CEQA is a statute that requires state and local agencies to identify the significant environmental impacts of their actions and to avoid or mitigate those impacts, if feasible. A public agency must comply with CEQA when a project "receives some discretionary approval from a government agency which may cause either a direct physical change in the environment or a reasonably foreseeable indirect change in the environment." Compliance can be met by determining whether a project is exempt from CEQA or preparing an environmental analysis, typically a negative declaration (ND), mitigated negative declaration (MND) or environmental impact report (EIR).
City of Calexico City Council Meeting
105 W. Cole Blvd. Commercial CUP Fee Waiver - October 4, 2023 Page 3 of 4 The requested fee waiver is exempt from CEQA review via Section 15061(b)(3) of the CEQA Guidelines for Implementation which states the following:
"The activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." (California Code of Regulations).
As a fee waiver request, it can be seen with certainty that there is no possibility that the requested fee waiver may result in a significant effect on the environment.
FISCAL IMPACT
If the requested commercial CUP fee waiver were granted, the City will not receive the $19,653 commercial CUP application fee associated with the three business license applications, and will be forced to pay any and all costs associated with processing the CUPs (staff time, public noticing, Planning Commission meetings, etc.).
COORDINATED WITH
City Manager's Office.
ATTACHMENTS
Attachment A - Project Location Map
Attachment B - Fee Waiver Request Letter
Attachment C - Review Letter Dated 9/5/23
Attachment D - Miscellaneous Planning/Zoning Fee Schedule City of Calexico City Council Meeting
105 W. Cole Blvd. Commercial CUP Fee Waiver - October 4, 2023 Page 4 of 4