HomeMy WebLinkAboutCC RESO 2013-187RESOLUTION NO. 2013 — 187
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY ORDERING THE AFFIRMATIVE TERMINATION BY
AMORTIZATION OF THE NONCONFORMING LAND USE LOCATED AT
1732 COOLIDGE AVENUE, AND ORDERING A REASONABLE AMOUNT
OF TIME IN WHICH SUCH USE SHALL BE ORDERED TERMINATED
(STEVE'S WEST COAST AUTOMOTIVE)
WHEREAS, prior to March 10, 2010, the real property commonly known as 1732
Coolidge Avenue was located in the Light Manufacturing -Residential (MLR) zone, and was
devoted to general automotive repair, which was an allowed use in said zone; and
WHEREAS, on March 10, 2010, the City Council of the City of National City
adopted Resolution No. 2010-44, approving a General Plan amendment to change the land use
designations for the Westside Specific Plan Area from Light Manufacturing Residential (MLR),
Civic Institutional — Open Space (IC -OS), Light Manufacturing — Planned Development (ML-PD),
Tourist Commercial — Planned Development (CT-PD), and Heavy Commercial (CH) to Open
Space Reserve (OSR), Residential — Single Family (RS-4), Mixed Use Commercial —
Residential (MCR-1), Mixed Use Commercial — Residential (MCR-2), Limited Commercial (CL),
and Civic Institutional (IC) within the Westside Specific Plan area east of 1-5, west of National
City Boulevard, north of Mile of Cars Way, and south of Plaza Boulevard; and
WHEREAS, also on March 10, 2010, the City Council adopted Resolution No.
2010-45, adopting the Westside Specific Plan for an area located east of 1-5, west of National
City Boulevard, north of Mile of Cars Way, and south of Plaza Boulevard; and
WHEREAS, on August 3, 2010, the City Council adopted Ordinance No. 2010-
2344, amending Chapters 18.10, 18.14, 18.16, 18.50, 18.58, 18.62, 18.88, 18.104, 18.108, and
18.140 of the National City Municipal Code to provide standards implementing the approved
Westside Specific Plan; and
WHEREAS, the real property commonly known as 1732 Coolidge Avenue is
located in the Westside Specific Plan area; and
WHEREAS, as a result of the City Council's adoption of Resolution No. 2010-44,
approving a General Plan amendment, and of Resolution No. 2010-45, approving the Westside
Specific Plan, and of Ordinance No. 2010-2344, amending the Municipal Code to provide
standards to implement the Westside Specific Plan, the real property commonly known as 1732
Coolidge Avenue was rezoned to the Mixed -Use Commercial -Residential (MCR-1) zone; and
WHEREAS, pursuant to Section 18.11.010 of the National City Municipal Code, a
nonconforming land use occurs when the land use was lawful before a zoning regulation under
the Land Use Code was enacted or amended, but that land use becomes prohibited after the
regulation is enacted or amended; and
WHEREAS, because general automotive repair is not a permitted use in the
Mixed -Use Commercial -Residential (MCR-1) zone, upon the effective date of Resolution No.
2010-44, Resolution 2010-45, and Ordinance No. 2010-2344, said use became a
nonconforming use on the real property commonly known as 1732 Coolidge Avenue; and
WHEREAS, Section 18.11.100 of the National City Municipal Code, titled Affirmative
Termination by Amortization, was enacted in 2006. Subsection (D)(1) of Section
Resolution No. 2013 — 187
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18.11.100 provides, in relevant part, that the City Council may order a nonconforming use to be
terminated within a reasonable amount of time, upon recommendation of the Planning
Commission; that the Planning Commission shall conduct a public hearing after 10 days' written
notice to the nonconforming user; and that in making its recommendation to terminate a
nonconforming use and in recommending a reasonable amount of time in which such use shall
be terminated, the Planning Commission shall consider the following:
a) The total cost of the land and improvements;
b) The length of time the use has existed;
c) Adaptability of the land and improvements;
d) The cost of moving and reestablishing the use elsewhere;
e) Whether the use is significantly nonconforming;
f) Compatibility with the existing land use patterns and densities of the
surrounding neighborhood;
g) The possible threat to the public health, safety, or welfare;
h) Any other relevant factors; and
WHEREAS, in 2010, the City was awarded a technical assistance grant from the
United States Environmental Protection Agency (EPA). The grant allowed the EPA and its
consultant to develop a process to rank nonconforming uses in the Westside Specific Plan area
using a set of objective criteria that were applied to each property and land use within the
Specific Plan area. The ranking process was intended for the purpose of ranking properties with
nonconforming uses within the Specific Plan area, and as a means to prioritize those properties,
with those properties with the highest priority being the first to be considered for affirmative
termination through amortization, subject to consideration of the factors set forth in Section
18.11.100 (D)(1) of the Municipal Code; and
WHEREAS, on July 17, 2013, pursuant to Section 18.11.100 (D)(1) of the
Municipal Code, the City served a written notice of public hearing upon the owners of Steve's
West Coast Automotive, the owners of the nonconforming automotive repair business at 1732
Coolidge Avenue. Also on July 17, 2013, said notice was served upon the owners of the real
property upon which the nonconforming automotive repair business is located. The notice
advised the owners that the Planning Commission would hold a public hearing on August 19,
2013, after the hour of 6:00 p.m., in the City Council Chambers at 1243 National City Boulevard,
to consider a recommendation on the affirmative termination by amortization of the
nonconforming automotive repair business at 1732 Coolidge Avenue; and
WHEREAS, at the regular meeting of the Planning Commission on August 19,
2013, after the hour of 6:00 p.m., the Planning Commission held a hearing in the City Council
Chambers at 1243 National City Boulevard, at which time the Commission considered a
recommendation on the affirmative termination by amortization, and on the reasonable amount
of time in which such amortization should occur, concerning the automotive repair business at
1732 Coolidge Avenue. At said hearing, the Commission considered the Staff Report and other
oral and documentary evidence, including the testimony of Brian P. Brinig, a business valuation
consultant; the testimony of Raymond Pe, Principal Planner for the City; and the testimony of
Michael Garcia, a land use consultant; and
Resolution No. 2013 — 187
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WHEREAS, at the regular meeting of the Planning Commission on September
16, 2013, the Planning Commission adopted Resolution No. 22-2013, Resolution of the
Planning Commission of the City of National City Recommending that the City Council Order the
Affirmative Termination by Amortization of the Nonconforming Land Use Located at 1732
Coolidge Avenue, and Recommending a Reasonable Amount of Time in which Such Use Shall
Be Ordered Terminated. Pursuant to Resolution No. 22-2013, the Planning Commission
recommended to the City Council that the City Council order the termination of the
nonconforming automotive repair use located at 1732 Coolidge Avenue, and further
recommended to the City Council that the City Council order the nonconforming automotive
repair use located at 1732 Coolidge Avenue cease its current operations no later than 1.69
years (1 year and 252 days) from the date of final action by the City Council; and
WHEREAS, on September 23, 2013, the City served written notice upon the
owners of Steve's West Coast Automotive, the owners of the nonconforming automotive repair
business located at 1732 Coolidge Avenue, and upon the owners of the real property upon
which the nonconforming automotive repair business is located. The notice advised the owners
that the City Council would consider the recommendation of the Planning Commission on the
affirmative termination by amortization of said nonconforming automotive repair business at the
regular meeting of the City Council on November 5, 2013, after the hour of 6:00 p.m. in the City
Council Chambers at 1243 National City Boulevard; and
WHEREAS, on November 5, 2013, after the hour of 6:00 p.m., at a regular
meeting of the City Council, the City Council did in open session consider the recommendation
of the Planning Commission on the affirmative termination by amortization, and on the
reasonable amount of time in which such amortization should occur, concerning the
nonconforming automotive repair business known as Steve's West Coast Automotive, located at
1732 Coolidge Avenue. During said meeting the City Council considered the Administrative
Record of the August 19, 2013 hearing before the Planning Commission, including the Staff
Report for the hearing; the hearing transcript, and Planning Commission Resolution No. 22-
2013, and considered additional oral and documentary evidence, including the Staff Report for
the November 5, 2013 meeting of the City Council, the testimony of Brian Brinig, a business
valuation consultant; the testimony of Raymond Pe, Principal Planner for the City; and the
testimony of Michael Garcia, a land use consultant.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City as follows:
1. That based upon the Administrative Record of the August 19, 2013 hearing
before the Planning Commission, and upon Planning Commission Resolution No.
22-2013, the Staff Report for the November 5, 2013 meeting of the City Council,
and other oral and documentary evidence received at the time of the November
5, 2013 meeting of the City Council, the City Council makes the following findings
pursuant to Section 18.11.100 (D)(1)(a)-(h) of the Municipal Code:
a) The total cost of the land and improvements.
(1) The term of the business owners' existing lease ends in February,
2014, with a current rent of $2,400 per month.
Resolution No. 2013 — 187
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(2) The assessed value of the land and improvements was obtained
from the San Diego County Assessor's Office, and was
considered as being potentially relevant to the analysis. However,
a business enterprise that operates under a real property lease
does not own the land or real property improvements from which it
operates. Consequently, the historical cost of the land and
improvements are not relevant to the analysis in this case.
b) The length of time the use has existed.
(1) According to the City's business license records, the current
automotive repair use has existed at this location since April 26,
2004.
(2) The location has had a series of businesses utilizing the "West
Coast" name since 1999.
(3) Because the owners of Steve's West Coast Automotive have
operated at this location since 2004, the owners have operated
longer than the period necessary to recover their investment.
c) Adaptability of the land and improvements to a currently permitted use.
(1) The land area exceeds the minimum required by the Mixed Use
Commercial Residential zone.
(2) The building size exceeds the minimum required by the Mixed
Use Commercial Residential zone.
(3) The building meets the minimum setbacks required by the Mixed
Use Commercial Residential zone.
(4) The building floor area meets the Floor Area Ratio requirements of
the Mixed Use Commercial Residential zone.
(5) The building does not exceed the maximum height allowed by the
Mixed Use Commercial Residential zone.
(6) The property meets the parking requirements of the Mixed Use
Commercial Residential zone.
(7) The building would require major, costly rehabilitation to convert it
to a type suitable for use in the Mixed Use Commercial
Residential zone.
d) The cost of moving and reestablishing the use elsewhere.
(1) Several cars, three hydraulic lifts, and various materials, tools, and
office equipment used by this type of automotive repair business
have been observed on this site.
(2) Based on an analysis of this use, its relocation would require labor
for packing, moving, and unpacking, rental of a forklift, and the
towing of several cars.
(3) To reestablish this use elsewhere would require searching for the
new location; securing the new site (e.g., security deposit);
reestablishing phone, internet, business cards, and letterhead;
marketing; and making tenant improvements (e.g., flooring,
storage, shelving, lifts, electrical upgrades).
(4) The estimated relocation cost for this use is $15,600.
(5) The estimated cost to reestablish this use is $9,300.
Resolution No. 2013 — 187
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e) Whether the use is significantly nonconforming.
(1) This automotive repair use is a significantly nonconforming use in
the Mixed Use Commercial Residential zone.
(2) The automotive repair use could be converted to a mixed
residential over retail or office use as allowed in the Mixed Use
Commercial Residential zone after significant investment in
building rehabilitation.
f) Compatibility with the existing land use patterns and densities of the
surrounding neighborhood.
(1) The automotive repair use is compatible with some of the
adjacent, existing land use patterns, namely, other automotive
repair uses; however, these other uses are not in conformance
with the land uses allowed by the Westside Specific Plan.
(2) The use is in close proximity to residential uses.
g)
The possible threat to the public health, safety, or welfare.
(1) Notices of violation have been issued and have been resolved.
(2) The use has all required permits.
(3) Notices of unlawful discharges into the stormwater system have
been issued but have been resolved.
(4) Hazardous materials are stored on -site.
(5) Open storage of hazardous materials occurs on the site.
(6) Security measures such as fencing are in place on the site.
(7) The use is located within 100 feet of Kimball Elementary School,
which is considered a sensitive use.
(8) The use performs work off -site and in the public right of way. Cars
are parked on sidewalks, which forces elementary school children
to walk in the street when going to and from school.
(9) Testimony from four physicians with experience providing health
care services in various programs in National City established that
automotive -related businesses are notorious for their use of
volatile organic compounds, which are known to cause a variety of
health problems from headaches to damage to the central
nervous system; that automotive -related business are one of the
most significant sources of toxins in the Westside area of National
City; that children are particularly susceptible to the effects of
environmental toxins; that automotive -related businesses use
products containing toxic metals and organic solvents that
become air pollutants; that although everyone exposed to
environmental toxics is at risk, infants and children, pregnant
women, the elderly and people with chronic health problems are
especially vulnerable; that the negative health impacts linked to
the use of chemical products commonly used in these commercial
activities include diminished lung function in children, infertility,
miscarriages, birth defects, nervous system problems, cancer, and
heart and lung disease; that there are incidents of children in this
area of the City who are hospitalized with asthma, and suffer
Resolution No. 2013 — 187
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multiple asthma attacks month after month, which is caused by
the toxic chemicals, inhalants, and carcinogens that are produced
by some of the businesses in the area; that the residents suffer
from the noise generated, sometimes after hours, by the
automotive -related businesses in this area of the City.
h) Any other relevant factors.
(1) The Price/Earnings Ratio (P/E Ratio) was determined by the City's
business valuation consultant, because the P/E Ratio indicates
the number of years of earnings that it takes to recover the value
of the business. Using the nationally recognized standard
business valuation sources, Pratt Stats Business Comps, and The
Institute of Business Appraisers database, P/E Ratio was
determined to be in the range of 1.69 to 2.19. By converting the
P/E Ratio into years, the business owners are allowed to earn the
business's net income for that number of years, thereby
recovering the fair market value of their investment. Accordingly,
the reasonable amortization period that would allow for the
recovery of the business owners' investment, based upon the
analysis of the City's business valuation consultant, is in the range
of 1.69 to 2.19 years.
(2) Underlying information about the business was collected through
meetings with the business owners, and by observation of
equipment and furniture, machinery, and other types of
implements used in the operation of the business.
2. That based upon the above findings, and in particular, the findings that the
historical cost of the land and improvements at 1732 Coolidge Avenue is
irrelevant in determining a reasonable amortization period for the business at that
location, that the automotive repair business has been operated at this location
longer than the period necessary for the owners to recover their investment, that
the use is significantly nonconforming with the uses allowed in the Mixed Use
Commercial Residential zone, that the use is not compatible with the uses
allowed in the Mixed Use Commercial Residential zone, and that the automotive
repair use at this location presents a threat to the public health, safety, and
welfare, the City Council further finds and determines that the automotive repair
use at 1732 Coolidge Avenue should be terminated.
3. That based upon the above findings, and in particular, the findings that the
historical cost of the land and improvements at 1732 Coolidge Avenue is
irrelevant in determining a reasonable amortization period for the business at this
location, that the automotive repair business has been operated at this location
longer than the period necessary for the owners to recover their investment, that
the use is significantly nonconforming with the uses allowed in the Mixed Use
Commercial Residential zone, that the use is not compatible with the uses
allowed in the Mixed Use Commercial Residential zone, and that the automotive
repair use at this location presents a threat to the public health, safety, and
welfare, the City Council further finds and determines that the reasonable time
Resolution No. 2013 — 187
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within which the nonconforming automotive repair use at 1732 Coolidge Avenue
should be terminated is 1.69 years (1 year and 252 days) from the date of this
Resolution.
BE IT FURTHER RESOLVED that the City Council hereby orders the termination
of the nonconforming automotive repair use located at 1732 Coolidge Avenue.
BE IT FURTHER RESOLVED that the City Council hereby orders that the time
period within which the nonconforming automotive repair use located at 1732 Coolidge Avenue
shall cease its current operations is 1.69 years (1 year and 252 days) from the date of this
Resolution.
BE IT FURTHER RESOLVED that the nonconforming automotive repair use
known as Steve's West Coast Transmission, located at 1732 Coolidge Avenue, shall terminate
its current nonconforming use no later than 1.69 years (1 year and 252 days) from the date of
this Resolution, as set forth in the Order attached hereto as Exhibit "A" and incorporated herein
by reference.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the Mayor
to execute the Order attached hereto as Exhibit "A".
BE IT FURTHER RESOLVED that this action is not considered a project as
defined in the California Environmental Quality Act since it does not have the potential to result
in either a direct or a reasonably foreseeable indirect physical change in the environment, and is
thereby not subject to the California Environmental Quality Act.
PASSED and ADOPTED this 3rd day of Decembers 1
ATTEST:
cog, Michael Dalla, City Clerk
PROVED AS TO FORM:
tua Silva
City Attor
Ron Morrison, Mayor
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CITY COUNCIL
FOR THE CITY OF NATIONAL CITY
)
)
) ORDER AFTER AMORTIZATION
) HEARING TO TERMINATE THE
In re: 1732 Coolidge Avenue — Steve's West) NONCONFORMING USE, TO WIT:
Coast Automotive ) AUTOMOTOVE REPAIR LOCATED AT
1732 COOLIDGE AVENUE, CURRENTLY
) BEING OPERATED AS STEVE'S WEST
COAST AUTOMOTIVE
)
) Date: December 3, 2013
)
)
)
The City Council of the City of National City heard and considered the above -entitled
matter on November 5, 2013. After having read and considered the Administrative Record of the
August 19, 2013 Planning Commission hearing, Planning Commission Resolution No. 22-2013,
the Staff Report for the November 5, 2013 meeting of the City Council, and other oral and
documentary evidence received at the time of the November 5, 2013 meeting of the City
Council, the City Council orders as follows:
1. The nonconforming use of automotive repair located at 1732 Coolidge Avenue,
currently operated as Steve's West Coast Automotive, shall cease 1.69 years (1
year and 252 days) from the date of this order.
IT IS SO ORDERED.
DATED: December 3, 2013
Mayor Ron Morrison
EXHIBIT "A"
1
ORDER TERMINATING NON -CONFORMING USE - 1732 COOLIDGE AVENUE
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CITY COUNCIL
FOR THE CITY OF NATIONAL CITY
)
) ORDER AFTER AMORTIZATION
In re: 1732 Coolidge Avenue — Steve's West) HEARING TO TERMINATE THE
Coast Automotive ) NONCONFORMING USE, TO WIT:
AUTOMOTOVE REPAIR LOCATED AT
) 1732 COOLIDGE AVENUE, CURRENTLY
) BEING OPERATED AS STEVE'S WEST
) COAST AUTOMOTIVE
)
) Date: December 3, 2013
)
)
)
The City Council of the City of National City heard and considered the above -entitled
matter on November 5, 2013. After having read and considered the Administrative Record of the
August 19, 2013 Planning Commission hearing, Planning Commission Resolution No. 22-2013,
the Staff Report for the November 5, 2013 meeting of the City Council, and other oral and
documentary evidence received at the time of the November 5, 2013 meeting of the City
Council, the City Council orders as follows:
1. The nonconforming use of automotive repair located at 1732 Coolidge Avenue,
currently operated as Steve's West Coast Automotive, shall cease 1.69 years (1
year and 252 days) from the date of this order.
IT IS SO ORDERED.
DATED: December 3, 2013
1
Ma
or Ron Morrison
ORDER TERMINATING NON -CONFORMING USE - 1732 COOLIDGE AVENUE
Passed and adopted by the Council of the City of National City, California, on
December 3, 2013 by the following vote, to -wit:
Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
City Clerk of the City of National City, California
By:
HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2013-187 of the City of National City, California, passed and
adopted by the Council of said City on December 3, 2013.
City Clerk of the City of National City, California
By:
Deputy