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Attachment 5 - US Super Gas, Inc. Appeal - 12-15-2022 (1)_Redacted.pdf

Chula Vista City Council
January 17, 2023

Document
Attachment 5 - US Super Gas, Inc. Appeal - 12-15-2022 (1)_Redacted.pdf
Meeting
January 17, 2023
Body
Chula Vista City Council
Original file
1.8 MB
Text extracted from the city's file for reading and search. Open the original on pub-chulavista.escribemeetings.com. That file is the official record.

Development Services Department
Planning Division Development Processing

CHUIA VISTA

RECEIVED APPEAL APPLICATION FORM

CHULA VISTA CITY CLERK
2022 DEC 15 P|: 46 STAFF USE ONLY
Appeal the decision of the:

Date Received:
• Zoning Administrator
Fee:

Planning Commission Receipt #
Case #
Application Information
Name of Appellant _US SUPER GAS, INC. Phone 619-427-8362 Address 1495 MELROSE AVENUE, CHULA VISTA, CA 91911
Business Address 1495 MELROSE AVENUE, CHULA VISTA, CA 91911 Project Address 1495 MELROSE AVENUE, CHULA VISTA, CA 91911 Project Description_ ALCOHOL LICENSE
(Example: variance, conditional use permit, design review, etc.) Please use the space below to provide a response to the decision you are appealing. Attach additional sheets, if necessary.

Grounds for an appeal must be based on at least one of the following:
(1) Factual Error. The statements or evidence relied upon by the decision maker when approving, conditionally approving, or denying a permit, map, or other matter was inaccurate; (2) New Information. New information is available to the applicant or the interested person that was not available through that person's reasonable efforts or due diligence at the time of the decision; or (3) Findings Not Supported. The decision maker's stated findings to approve, conditionally approve, or deny the permit, map, or other matter are not supported by the information provided to the decision maker.

In order for an appeal to be valid, detailed responses must be included which cite at least one of the above reasons for the appeal along with substantiation of the facts and circumstances on which the claim of theappeal is based. If an appeal is filed within the time limit specified, and determined to be valid, it automaticallystays proceedings in the matter until a determination is made by the City Council.

1.) THE ZONING ADMINSTRATOR OFFICER MISINTERPRETED THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL'S (ABC) RULING RELATED TO THE CENSUS TRACT DESIGNATION.

3.) THE ZONING ADMINISTRATOR CONTRADICTS HIMSELF WHEN MAKING FINDINGS TO DENY THE REQUESTED CUP BY

CITING ABC TO SUPPORT HIS DECISION AND IN TURN IGNORES ABC'S STATEMENTS OF FACTS WHEN IT DOESN'T SUIT HIS ARGUMENT.

Appeal Form Directions
Pursuant to the Chula Vista Zoning Ordinance Chapter 19.14, an interested party may appeal the decision of the Zoning Administrator, or Planning Commission to the City Council. The appellant must be an interested party. An interested party means a person who was present at a public hearing from which an appeal arose and who had filed a speaker slip with the decision maker at that public hearing, or a person who expressed an interest in the project in writing to that decision maker before the close of the public hearing or a decision on an action from which an appeal may be filed. The appellant must file a complete appeal application form within the specified appeal period (10 business days after the decision has been made), complete the Disclosure Statement, and pay the required fee. Once a valid Date. DECEMBER 14, 2022
- Signature of Appellant
-

DO NOT WRITE IN THIS SPACE
The above matter has been scheduled for public hearing before the: • City Council On Development Services Department - City Clerk
1of1 APPEAL
276 Fourth Avenue Chula Vista California 91910(619) 691.5101 Rev 5.14

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