Attachment 10
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DENYING THE APPEAL BY US SUPER GAS,
INC. AND AFFI RMING THE ZONING ADMINISTRATOR ’S
DENIAL OF CONDITIONAL USE PERMIT CUP22-0023 TO
PERMIT A TYPE-21 LICENSE FOR THE SALE OF ALCOHOL
FOR OFF-SITE CONSUMPTION ON A 87,120 SQUARE FOOT
LOT AND SERVICE STATION LOCATED AT 1495 MELROSE
AVENUE
WHEREAS, the parcel 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 a 87,120 square foot parcel located at 1495 Melrose Avenue (the “Project Site”); and
WHEREAS, on July 12, 2022 , US Super Gas, Inc. (the “Applicant”) submitted duly verified applications requesting approval of Conditional Use Permit Application CUP22-0023 which were filed with the City of Chula Vista Development Services Department; and
WHEREAS, said Applicant requests approval of Conditional Use Permit Application CUP22-0023 to obtain a Type -21 off-site consumption alcohol license from the California Department of Alcohol and Beverage Control (the “Project”) on the Project Site; 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 ex terior boundaries of the Project Site, at least ten (10) days prior to the hearing; and
WHEREAS, the duly called and noticed public hearing on the Project was held before the Zoning Administrator of the City of Chula Vista on November 16, 2022 in Conference Room #103 in Building A, 276 Fourth Avenue, at 3:00 p.m. to hear public testimony and staff’s presentation; and
WHEREAS, on December 2, 2022, the Zoning Administrator made the required findings to deny the Applicant’s Application for Conditional Use Permit CUP22-0023 to obtain a Type-21 off-site consumption alcohol license; and
WHEREAS, on December 15, 2022 , the Applicant filed an appeal of the Zoning Administrator’s decision to deny Conditional Use Permit Application CUP22-0023 (the “Appeal”); and
WHEREAS, the City Clerk set the time and place for the public hearing 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 prope rty owners within 500 feet of the exterior boundary of the Project Site at least 10 days prior to the hearing; and
Resolution No.______
WHEREAS, the City Council held a duly noticed public hearing to consider said Appeal at the time and place as advertised, namely January 17, 2023 at 5:00 p.m. in the Council Chambers, 276 Fourth Avenue.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find and determine that under the provisions of Chula Vista Municipal Code (“CVMC”) Sections 19.14.100 and 19.14.130, the Appeal that is the subject of this Resolution is hereby denied and the decision of the Zoning Administrator to deny CUP22 -0023 is hereby affirmed, with findings as follows:
I. ENVIRONMENTAL REVIEW
That the City Council of the City of Chula Vista, in the exercise of its independent judgment, as set forth in the record of its proceedings, considered the Director of Development Services’ Environmental Review determination for the Project and adopts the determination and all evidence introduced before the Zoning Administrator at the public hearing on the Project, and the Notice of Decision resulting therefrom, and which are hereby incorporated into the record of proceedings pursuant to Public Resources Code Section 21167.6 and prepared in accordance with the requirements of CEQA (Pub. Resources Code, §21000 et seq .), the CEQA Guidelines (California Code Regs. Title 14 §15000 et seq.), and the Environmental Review Procedures of the City of Chula Vista.
II. CONFORMANCE WITH CHULA VISTA MUNICIPAL CODE
That the City Council of the City of Chula Vista, in the exercise of its independent judgment, as set forth in the record of its proceedings does hereby adopt all findings made by the Zoning Administrator contained in Notice of Decision for the Project , which are attached hereto and incorporated herein by this reference, as if said findings were their own.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby find and determine that the Appeal that is the subject of this Resolution is hereby DENIED and that the determination of the Zoning Administrator is hereby AFFIRMED, in accordance with the applicable development standards, regulation and guidelines of the Chula Vista Municipal Code specified in Notice of Decision for CUP 22 -0023 and dated December 2, 2022 , attached hereto and incorporated herein by this reference, as may be modified hereby.
Presented by: Approved as to form by:
_______________________________ ____________________________ Laura C. Black, AICP Glen R. Googins
Director of Development Services City Attorney