RESOLUTION NO 2012225
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA GRANTING THE APPEAL OF LEWIS
BREWER REVERSING THE DECISION OF THE ZONING
ADMINISTRATOR AND DENYING THE CONDITIONAL USE
PERMIT PCC11073 TO PERMIT THE SALE OF BEER AND
WINE AT THE UNOCAL GAS STATION AND MINIMART
LOCATED AT 1495 MELROSE AVENUE IN THE CITY OF
CHULA VISTA
I RECITALS
WHEREAS the pazcel of land which is the subject matter of this Resolution is depicted in Exhibit A attached hereto and incorporated herein by this reference and for the purpose of general description consists of 033 acres located at 1495 Melrose Avenue consisting of APN 6240800700 Project Site and
WHEREAS on April 16 2012 a duly verified application requesting approval of a Conditional Use Permit was filed with the City of Chula Vista Development Services Department by Kamal Nona Applicant and
WHEREAS said Appicant requests approval of a Conditional Use Permit to allow the applicant to sell beer and wine at the existing gas station and minimart for offsite consumption only Project on said Project Site and
WHEREAS the Director of Development Services has reviewed the proposed Project for compliance with the California Environmental Quality Act CEQA and has determined that the project qualifies for a Class 1 Categorical Exemption pursuant to 15301 Existing Facilities of the State CEQA Guidelines The proposed project consists of negligible or no expansion of an existing use Thus no further environmental review is required and WHEREAS a hearing time and place was set by the Zoning Administrator for consideration of the Project 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 ten 10 days prior to the hearing and
WHEREAS the Zoning Administrator held an advertised public hearing on the Project on August 9 2012 wherein the Zoning Administrator took public testimony and heard staffs presentation and
WHEREAS following staffs presentation and hearing of public comments the Zoning Administrator considered all reports evidence and testimony presented and on August 24 2012 approved Conditional Use Permit PCC11073 in accordance with the findings and subject to the conditions contained in the Final Notice of Decision for PCC11073 and Resolution No 2012225
Page No 2
WHEREAS Lewis Brewer filed an appeal of the Zoning Administrators Decision to Approve Conditional Use Permit PCC11073 on September 11 2012 and WHEREAS the City Clerk set the time and place for the public heazing on the appeal and notice of said hearing together with its purpose was given by its publication in a newspaper of general circulation in the City its mailing to property owners within 500 feet of the exterior boundary of the project site at least 10 days prior to the hearing and WHEREAS the Chula Vista City Council held a duly noticed public hearing to consider said appeal at the time and place as advertised namely November 20 2012 at 200 pm in the Council Chambers 276 Fourth Avenue reviewed and considered the appeal of Conditional Use Permit PCC11073 and
WHEREAS the City Council of the City of Chula Vista after considering all reports evidence and testimony presented voted 500 to uphold and grant the appeal and deny the Conditional Use Permit PCC11073 and reverse the Zoning Administrators issuance of the same based on the findings listed below
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find determine and resolve as follows I The appeal of Conditional Use Permit PCCI1073 is hereby granted under the provisions of Section 1914130 based on the following Findings of Fact in accordance with Chula Vista Municipal Code Section 1914080 Conditional Use Permit Prerequisites For Granting
II FINDINGS FOR GRANTING OF APPEAL AND REVERSING ZONING
ADMINISTRATORS ISSUANCE AND DENYING CONDITIONAL USE PERMIT That the proposed use at this location is not necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community
There aze already 3 other businesses selling alcohol products within 500 feet of the project location Because this neighborhood is predominantly residential a fourth liquor license when there are already three is not desirable and does not contribute to the general wellbeing of the predominantly residential neighborhood Additional alcohol sales has the potential to negatively affect the residential nature of this community Therefore an additional license for selling beer and wine is not necessary to provide a service to the neighborhood because alcohol retail is already available in the direct vicinity Patrons can move their cars next door to purchase beer and wine at the neighboring businesses
In the alternative granting this use would mean that 4 out of 5 businesses neaz the corner of Melrose and Orange would be able to sell alcohol making this use an overly congested and concentrated one for the residential nature of the neighborhood Also because the minimum number of ABC licenses for this census tract is 38 according to the California Department of Alcoholic Beverage Control this use could exceed the minimum number Resolution No 2012225
of ABC licenses for the census tract
Based on the above findings the proposed use at this location is not necessary or desirable to provide a service that will contribute to the generalwellbeing of this community 2 That such use will 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
Based on testimony provided at the hearing by residents who live near the project location an additional business selling beer and wine in this area will negatively affect their quality of life and their health safety and general welfare by contributing to additional crime traffic problems and nuisance activities There has already been a history of bad traffic problems and nuisance activities graffiti and panhandling at this location and this use would contribute to additional problems for this community Schools aze nearby and an additional liquor license in this area could expose youth to underage drinking and traffic hazards which would be detrimental to their health safety and general welfare
Based on the above findings the proposed use is detrimental to the health safety and general welfare of persons residing in the vicinity
3 That the proposed use will not comply with the regulations specified in the code for such use
Because the applicant has a history of prior noncompliance with the Chula Vista Municipal Code involving signs and graffiti there are indications that he may not follow the conditions to be imposed upon him through issuance of a conditional use permit Public comments also raised concerns that the current retail products made available for sale at Unocal may violate Chapter 917 of the Chula Vista Municipal Code Drug Paraphernalia Prohibited
BE IT FURTHER RESOLVED based on the above findings and evidence entered into the record pursuant to testimony and documents submitted at the public hearing and City Council comments and deliberation and incorporating the same herein the City Council hereby upholds the appeal reversing the Zoning Administrators issuance of Conditional Use Permit and Final Notice of Decision for PCC11073 dated August 24 2012
Presented by
Gary
IalbertE
AICP
Assistant Cit ManagerDirector of
Development Services
Approved as to form by
G1e ns D y rt
City Attorney G
Resolution No 2012225
PageNo 4
PASSED APPROVED and ADOPTED by the City Council of the City of Chula Vista California this 20th day of November 2012 by the following vote AYES Councilmembers Aguilaz Bensoussan Castaneda Ramirez and Cox NAYS Councilmembers None
ABSENT Councilmembers None
C F
Cheryl Cox May
ATTEST
Donna R Norris CMC City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I Donna R Norris City Clerk of Chula Vista California do hereby certify that the foregoing Resolution No 2012225 was duly passed approved and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 20th day of November 2012 Executed this 20th day of November 2012
Donna R Norris CMC City Clerk
Resolution No 2012225
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
OCATOR
vaoECT
Kamal Nona Union 76 StationAPPLICANT
PROJECT DESCRIPTION
MISCELLANEOUS
O
PROJECT 1495 Melrose Ave
AooaESS
ProjectSummaryUnion 76 Station is proposing
a beer a wine license
SCALE PILE NUMBER
NORTH No Scale PCC11073 ated rases None
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