The URL can be used to link to this page

Home My Public Portal About88-106I RESOLUTION NO. 88-toF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON AFFIRMING THE DECISION OF THE PLANNING COMMISSION AND DENYING VARIANCE N0. 257-87 AND DESIGN OVERLAY REVIEW NO. 398-87 The City Council of the City of :Carson hereby finds, determines and resolves as follows: 2fiQtLQA-. An application was filed by circle X convenience Stores, Inc., requesting a variance from Section 9138.12 of the Zoning Ordinance and a site plan and architectural design permit in connection with the proposed construction of an automobile service station/mini-market at 22309 South Main Street, which is located in the CG -D (Commercial General -Design Overlay Review) zoned district. Section 2 • On October 27, 1987, the Planning Commission, following a duly noticed public hearing at which evidence, both written and oral, was duly presented to and considered by said Commission, denied Variance No. 257-87 and Design Overlay Review No. 398-87. Uatian 3. pursuant to Section 9173.4 Of the Carson Municipal Coda, a notice of appeal of the Planning Commission's .decision was timely filed. On June 71 1988, the City Council held a duly noticed public hearing to consider the appeal. Evidence, both written and oral, was duly presented to and considered by the City Council at said hearing. At the conclusion of the public hearing, the City Council announced its intended decision to affirm the decision of the Planning Commission, deny the appeal, and deny the application.for approval of a variance from Section 9138.12 of the Carson Municipal Code (Variance No. 257-87) and for approval of a site plan and architectural design permit (Design Overlay Review No. 398-87). 242112Z -A- The City Council finds, pursuant to sections 9172.22 and 9172.23 of the Caraon Municipal Code, that; ('a) The existing use of the subject property is an automobile service station in which over so% of the gross sales are petroleum products. An adequate showing has not been made that More than 504 of the gross sales of the Proposed use would consist of nonpetroleum products. Accordingly, both the existing use and the proposed use are an "automobile service station" as defined in Section 9138.12 of the Carson Municipal Coda, and not a "Miscellaneous retail petroleum outlet" as defined in Section 9138.14 of the Carson Municipal Code. (b) Pursuant to Carson Municipal Coda m Section 9138.14(L), no new miscellaneous retail petroleum outlet may be established within 500 feet of an existing automobile service station. An existing Chevron service station is located on the northeast corner of 223rd Street and Main street, diagonally across the intersection from, and within Soo feet of the subject property. Therefore, a new miscellaneous petroleum outlet could not be located on the subject property absent granting of a variance for such a use, for which no application has been made. (c) Section 9138.12.A.6 of the Carson Municipal Code provides, in relevant part, as follows; "No sale of convenience goods at an AUtomobile service station shall be permitted within 300 feet of any school, as measured from lot line to lot line u 980629 ase A248.wsR (1) Z F (d) The subject property is within three hundred feet (3001) of Carson High School, as measured from lot line to lot line. The proposed use is for the sale of convenience goods at an automobile service station, and therefore comes within the provisions of Section 9138.12.A.6. The granting of a variance from the provisions Of section 9138.12.A.61 asf requested by the applicant, would authorize a use or activity which is not Otherwise expressly authorized by the zone regulation governing the subject property, contrary to the provisions of Government Codo section 65906. (e) There are no special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, such that the strict application Of the Zoning Ordinance would deprive the subject property Of privileges enjoyed by other property in the vicinity and under identical zoning classification. There are no Physical conditions associated with the property that prevent it from being used as an automobile service station or other use authorized in the C -G -D Zoned district by the Zoning Ordinance. The subject property contains no significant topographical feature which, absent a variance, would deprive the subject property of privileges enjoyed by other properties in the area. To grant the requested variance to the subject property and allow the sale on the Property of Convenience goods within Soo feet of a school would grant a special privilege to the subject property. Other properties in the City within 300 feet of a school are developed with service stations which comply with the prohibition of the zoning Ordinance against the sale of convenience goods within such areas. Those properties are Similarly situated and sub?ect to the Came restrictions as the subject property. 880629 aaa Azta,wq (7) .3- (f) The development plan submitted by the applicant, as to which a site plan and architectural design permit has been requested, does not meet certain criteria set forth in Section 9172.23.D.1 of the Carson Municipal Code regarding compatibility with the General Plan and surrounding uses and pedestrian and vehicular safety, in the following respects: The subject property is adjacent to property which is zoned RS (Residential, Single -Family) and Carson High School is located in the RS zone directly across the street from the subject property. The General Plan provides that residential districts (which include elementary and secondary schools) are to be located in harmonious relationship with other adjacent or nearby uses. The proposed use is not compatible with the General Plan and surrounding uses. The location of an automobile service station which sells convenience goods adjacent to a school increases the danger of children being injured by vehicles on and around the subject property. The building in which convenience goods are proposed to be sold on the subject property is located near the center of the lot with circulation paths for motorists to park or use gasoline pumps surrounding the building. Pedestrian circulation problems would be created because students and others would have to cross busy motorist areas to enter the building for purchase of convenience goods. Section 5. Based on the aforementioned findings, the City Council hereby affirms the decision of the Planning Commission, denies the appeal of the applicant, and denies the application for approval of Variance No. 257-87 and the application for approval of Design Overlay Review No. 398-87. Passed, Approved and Adopted this _ 2_0thday of September , 1988, ATTEST: I 'L. .. A M A4 444 City Cler APPROVED AS TO FORM: -City Attorney -4- Mayor Resolution No. 88-106/Page 5 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF CARSON ) I. Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing resolution, being Resolution No. 88-106 was duly and regularly adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 20th day of September 1988, and that the same was so passed and adopted by the following vote: AYES: COUNCIL MEMBERS: Anderson, DeWitt, Muise, Mitcma and Calas NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 4,5' !1�- 4A,&Lj=j e27 City Clerk, City oCarson, California