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HomeMy WebLinkAboutCC RESO 91-13RESOLUTION NO. 91-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALirORNIA, APPROVING A CONDITIONAL USE PERMIT APPLICATION FOR RENOVATION OF AN EXISTING COMMERCIAL BUILDING AND CONSTRUCTION OF 2,840 SQ.FT. OF NEW RETAIL AREA AT THE SOUTHfw'F',ST CORNER OF E. 8TH STREET AND PALM AVENUE, AND CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE WITHIN A MARKET PROPOSED k1.12 THE RENOVATED BUILDING. APPLICANT: RICHARD BADT, SILLt= /WYN \N, INC. CASE FILE NO. CUP-1990-9 WHEREAS, the appeal to the City Council from the Planning Commission's approval of Conditional Use Permit Application (CUP-1990-9) was considered by the City Council of the City of National City at a public hearing held on January 22, 1991, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the City Council considered the entire contents of Case File Nos. CUP-1990-9 and IS-10-90 which are maintained by the City, and incoiporated herein by reference; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, TUERE ORE, BF, IT RESOLVED by the City Council of the City of National City, California, that the testimony and evidence presented to the City Council at the public hearing held on January 22, 1991, support the following findings: A. That the site for the proposed use is adequate in size and shape, because the 27,003 sq.ft. site is of adequate size to provide for development of 2,840 sq.ft. of additional retail space with adequate parking, setbacks and landscaping. B. That the site has sufficient access to streets and highways that are adequate in width and Pavement type to carry the quantity and quality of traffic generated by the proposed use, because the project is located at the intersection of E. 8th Street ( a designated arterial roadway) and Palm Avenue (a designated collector), both of which have adequate capacity to handle the average daily trips the use is expectad to generate (source: National City General Plan -Circulation Element, SANDAG Traffic Generators Manual). CONTINUED ON PAGE 2 Page 2 of 7 Resolution No. 91-13 C. That the proposed use will not have an adverse effect upon adjacent or abutting properties, because the project will result in the rehabilitation of an existing commercial structure on property which has been neglected for quite sane time and will result in the eradication of a problem site within the City. D. That the proposed use is deemed essential and desirable to the public convenience or welfare, because the project will result in the rehabilitation of an existing building which is in a state of disrepair, and the project will eliminate an unattractive problem property. BE IT FURTHER RESOLVED that the City Council has considered Negative Declaration No. IS-10-90 approved by the Planning Commission November 19, 1990, and certifies that the Negative Declaration has been approved pursuant to the requirements of the California Environmental Quality Act, and that the Initial Study and Negative Declaration adequately address the effects of the project as conditionally approved. RP IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. The buildings shall be designed and constructed in accordance with the provisions of the 1988 Edition of the Uniform Building Code, Uniform Mechanical Code, Uniform P1t,^nbing ('rr9e, the 1987 National Electric Code and Title 24 (energy and handicap requirements). 2. Leasing space in excess of 1,485 sq.ft. to a single tenant will require that two exits be provided. 3. Interior roof drain piping and interior over -flow drain piping shall be provided. 4. Parapet height (30" minimum) shall be indicated on elevation plans as required per Uniform Building Code, Section 1709. 5. Glazing subject to human impact shall comply with Uniform Building Code, Section 5406. 6. Engineering calculations and a soils report shall be submitted in conjunction with plans to the Building Department for review. 7. Grading and drainage plans shall be submitted which show all proposed and existing on -site and off -site improvements. The plans shall be prepared by a registered civil engineer in accordance with the City's standard requirements. 8. Hydrology and hydraulic studies shall be submitted. All surface run-off shall be collected by private catch basins and directed to the street by sidewalk underdrains or curb outlets. CONTINUED ON PAGE 3 Page 3 of 7 Resolution No. 91-13 9. A soils engineering report shall be submitted for the Engineering Departments review. The report shall address the criteria for retaining wall design, maximum allowable soil bearing pressure and required structural section for the proposed driveway. 10. A sewer permit will be required. 11. The easterly four feet of street right-of-way along the property fronting Palrn Avenue shall be dedicated to the City. 12. The gutter on 8th Street, the sidewalk on Palm Avenue, and the sidewalk at the corner of 8th and Palm Avenue shall be removed and replaced. 13. One pedestrian ramp at the corner of 8th and Palm, southerly of the power pole, two pedestrian ramps at the entrance to the property on 8th street per National City Drawing 114-S-B, and two pedestrian ramps at the entrance on Palm Avenue per the same drawing shall be constructed. 14. The existing street improvements along the property frontages, including the curb return area on the corner of 8th and Palm Avenue, shall be kept free fruit weed growth. 15. All abandoned driveways shall be removed and replaced with full height curb, gutter, and sidewalk. The widths of the proposed driveway entrances shall be shown on the plans. 16. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all proposed work shall be posted. Thrcc percent (3%) of the estimated cost shall also hP deposited with the City for plan checking and inspection costs at the time the plans are submitted. 17. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way and all grading operations on private property. 18. Any existing monitor wells shall be shown on the plans. The plans shall indicate whether they are to be maintained or abandoned. 19. The asphalt pavement on the parking lot shall be a minimum of 2" A.C. over 4" A.B., or per soils report recommendation. The existing asphalt concrete pavement on the site shall be entirely removed and replaced. 20. The driveway on E. 8th Street shall be 20' deep for traffic safety considerations. 21. The existing, deteriorated retaining wall along the westerly property line shall be removed and replaced with a new block wall per 1988 Regional Standard Drawings. The fence on the top of the wall shall be reinstalled by the developer. The developer shall notify the owner of property adjacent to the west prior to start of any work. CONTINUED ON PAGE 4 fr Page 4 of 7 Resolution No. 91-13 22. The Required Fire Flow will be 1750 GPM for 2 hours at a .minimum 20 PSI residual. Sweetwater Authority must verify in writing to the Fire Dept. that this flow can be met. If additional improvements are needed, the project proponent shall enter into an agreement for the wailer improvements with the Sweetwater Authority prior to obtaining a building permit. 23. Fire lanes shall be provided as deemed necessary by the Fire Dept. 24. Fire extinguishers shall be provided by tenants of each building and the kiosk. Fire extinguishers shall have a rating of not less than 2A:10BC. 25. The address of each building and the suite numbers shall be clearly visible from the street and on a contrasting background. 26. The two parcels which comprise the project site shall be merged. 27. The proposed pole sign shall be relocated to meet setback requirements. The sign shall be externally illuminated. Lighting for the sign shall be ground -mounted. 28. The pole sign shall not exceed the height of the kiosk, or 12 ft. whichever is less. Internal illumination of the pole sign shall be prohibited. External ground -mounted illumination may be permitted. Otherwise, all signs shall be in accordance with the approved sign package. The use of subtle colors shall be required. All sign colors shall he reviewed and approved by the Director of Planning. 29. Advertising on the buildings shall be limited to wall signs identifying the tenants of the buildings only. The advertising of incidental services including, but not limited to check cashing services, sign boards and banners shall be prohibited. The use of temporary window signs may be permitted on the buildings provided cumulative area of the signs do not exceed 25 percent of the area of the window in which the signs are placed. 30. Except as otherwise required as conditions of approval, signage shall he in accordance with the sign package as shown in exhibit A -revise-':, case file no. CUP-1990-9, dated 8/29/90. 31. The architectural details shown on the west elevation of building A, (exhibit A -revised, dated 8/29/90), shall be replicated on the east and west elevations of building B and the south elevation of building A. 32. The stucco finish of the buildings shall vary in color to further accent the architectural details. The proposed color scheme shall be approved by the Planning Director. The existing trash enclosure shall have a stucco finish and color which matches the exterior finish of the buildings. CONTINUED ON PAGE 5 Page 5 of 7 Resolution No. 91-13 33. Graffiti resistant materials shall be applied to the exterior surface of all buildings on the site to a height of not less than 6 feet. Clinging vines shall be planted along the westerly elevation of building A to further discourage vandalism. 34. The loading and unloading and trash enclosure area shall be kept free of litter and debris. The accumulation and/or storage of pallets and other materials shall be prohibited. 35. The display and sale of fresh meat and produce shall remain an integral component of the market. 36. Plans shall depict the use of water conserving plumbing fixtures. Drought tolerant landscaping and water conserving landscape irrigation devices shall be shown on the landscape plan. 37. Except as otherwise required, development plans shall be submitted and approved by the Planning Director in conformance with exhibit A -revised, dated 8/29/90 and exhibit B, dated 7/23/90, Case File No. CUP-1990-9. 38. Before this conditional use permit shall become effective, the applicant shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the conditional use permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Itice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of Conditional Use Permit No. CUP-1990-9 are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 39. Use of the property shall be limited to a small commercial center. 40. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 41. The storage and display of alcoholic beverages shall not exceed 350 sq.ft. as shown on exhibit B, dated 7/23/90. 42. The total area dedicated to the display of alcoholic beverages shall not exceed one-half the total combined area dedicated to the display of fresh meat and p.wduce. CONTINUED ON PAGE 6 Page 6 of 7 Resolution No. 91-13 43. The sale of alcoholic beverages shall be limited to between 8 a.m. and 10 p.m. 44. Exterior signs advertising the sale of alcoholic beverages shall be prohibited. 45. Any person involved in the sale of alcoholic lleverages shall receive instruction in proper procedures from a representative of the Alcoholic Peverage Control. Written evidence of such instruction shall be provided to the Planning Department. 46. With the annual renewal of City Business License the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the licensee, as may be necessary in their judgement to verify that the sale of alcohol does not exceed the sale of food and/or groceries. All information obtained by an investigation of records shall remain confidential. 47. The Gale of malt beverages in quantities of less than 6 shall be prohibited. The sale of wine in quantities of less than 750 ml shall be prohibited. The sale of fortified wines (greater than 15% alcoholic content) shall be prohibited. 48. The sale of alcoholic beverages shall be prohibited within the building identified as "Building A" Exhibit A -revised, dated 8/29/90. 49. The curb return radius shall be increased to 30 ft. at the intersection of E. 8th Street and Palm Avenue. All required improvements including but not limited to the relocation of the two existing signal poles, the relocation of the existing power pole and the removal and replacement of any street pavement, curbs, sidewalks and gutters shall be subject to approval of the City Engineer. BE IT FURTHER. RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and, BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. C ONTLNUED ON PAGE 7 Page 7 of 7 Resolution No. 91-13 PASSED and ADOYrED this 5th day of February, 1991. iJ GE<ORGE H. Vd h.RS, MAYOR ATTEST: Oki -1 nn n p .1, 4 Qa /� / LO ANNE PEOPLES, CITY CLERK APPROVED AS TO FORM: CITY A'!' i URNEY