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HomeMy WebLinkAboutCC RESO 98-20RESOLUTION NO. 9 8 — 20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF BEER, WINE AND DISTILLED SPIRITS WITHIN A NEW DRUG STORE PROPOSED AT 1201 E. PLAZA BOULEVARD. APPLICANT: LEADS, INC. FOR AMERICAN STORES, INC. CASE FILE NO. CUP-1997-6 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit application for the sale of beer, wine and distilled spirits within a new drug store proposed at 1201 E. Plaza Boulevard at the regularly scheduled City Council meeting on February 10, 1998, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the City Council considered the staff report contained in Case File No. CUP-1997-6, which is maintained by the City and incorporated herein by reference; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law 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, THEREFORE, BE 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 February 10, 1998, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposal provides for a new 16,793 sq. ft. building on a lot larger than 3 acres, with ample parking, landscaping, and adequate driveway access and drive-thru facilities for a pharmacy. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the proposed site design will provide for one driveway from Plaza Boulevard, and one from "L" Avenue. It will remove two additional, existing driveways from Plaza Boulevard and "L" Avenue, thus improving traffic flow. In addition Plaza Boulevard has the capacity to accommodate the net increase in traffic from the development proposed. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since there will be sufficient landscaping and a screening wall between commercial and residential zoned properties, and the project will be compatible with adjacent commercial development. CONTINUED ON PAGE 2 Resolution No. 9 8 - 2 0 Page 2 of 8 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will allow the Sav-on drug store to continue to provide an equal or greater level of service within a new building in the same area as it currently operates. BE IT FURTHER RESOLVED that the City Council has considered the proposed Negative Declaration No. IS-97-11 together with any comments received during the public review process, and finds on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment, approves the Negative Declaration, and authorizes the filing of a Notice of Determination. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. The pavement in the new parking areas for the proposed building shall consist of a minimum of 2" A.C. over 4" A.B. Extensive pavement repairs are required on -site throughout the parking lot. All paved areas which are going to be removed, shall be replaced with sections consisting of a minimum of 2" A.C. over 4" A.B. All areas of asphalt pavement in the parking lot joining the adjacent public sidewalk shall be constructed/reconstructed flush with the sidewalk to eliminate trip hazards. 2. The bus zone sign on Plaza Boulevard shall be removed and relocated to the back of the sidewalk, or at least 4 feet behind the back of curb, to permit wheelchair access and passage through the bus bench. 3. Sufficient on -site lighting shall be provided on the west side of the property, such as in the parking lot, to enhance the lighting along "L" Avenue. 4. A sewer permit, and/or payment of sewer fees, will be required. The method of sewage collection and disposal shall be shown on the plans. The sewer laterals shall be 6 inch in size with a clean -out. Separate laterals shall be provided for the two buildings. 5. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced. Specifically, a 15' X 5.5', an 11' X 5.5', and a 10' X 5' section of the sidewalk on "L" Avenue, and a 15' X 5' section of the sidewalk on Plaza Boulevard, as marked at the site. All of these sidewalk sections are either raised above, or settled below the curb level, present a safety hazard for pedestrians, and are not suitable for grinding. CONTINUED ON PAGE 3 Resolution No. 9 8 - 2 0 Page 3 of 8 6. Sidewalk grinding shall be performed on the edges along the curb of "L" Avenue and on Plaza Boulevard, as marked at the site, for those areas not requiring complete removal. This work excludes the portions of the sidewalk which will be removed for the new driveways. Some panels to be grinded are located by the bus loading zone on Plaza Boulevard. The grinding operation shall meet the air quality requirements. 7. The existing street improvements along the property frontages shall be kept free from weed growth by the use of special weed killers, or other approved methods. The street improvements which will require weed removal are as follows: portions of the sidewalk, and the street pavement on both streets. 8. The existing catch basins on site and the curb inlet at the comer of Plaza Boulevard and "L" Avenue shall have "No Dumping" tiles installed in accordance with the NPDES program. 9. Any unused driveway shall be removed and replaced with full height curb and sidewalk. All driveways (proposed and existing) shall be shown on the plans. There shall be no conflict between the proposed driveway and the bus stop on Plaza Boulevard. 10. The proposed alley type driveways on "L" Avenue and Plaza Boulevard shall be constructed with pedestrian ramps on both sides. 11. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 12. The site plan shall be revised to show the following: on -site private catch basins, sewer and storm drain facilities, the pedestrian ramp and curb inlet structure at the corner of Plaza and "L", the traffic signals and lighting at the intersection, the street light and bus zone on Plaza Boulevard, and other miscellaneous items in the public right-of-way such as power poles, fire hydrant, no parking signs, and street striping. 13. A drainage plan shall be submitted, which will show all of the proposed and existing on - site and off -site improvements. The plan shall be prepared by a Registered Civil Engineer, and shall be in accordance with the City requirements. The plan shall show the following: Finish floor elevations of the new buildings, finish surface elevations throughout the parking lot, the direction of drainage conveyance from the site, and top of curb elevations. No surface runoff towards the driveways, and onto the public sidewalk will be permitted. The drainage plan shall include measures for prevention of construction site erosion and sediment runoff into the public storm drain system. After the completion of the construction, a contaminant -absorbing device, such as a Fossil Filter, shall be installed in each catch basin. CONTINUED ON PAGE 4 Resolution No. 9 8- 20 Page 4 of 8 14. The irrigation run off from the new landscaping strips and areas shall be directed towards the parking lot. No irrigation sprinkler spray shall extend into the public right-of-way. 15. A Best Management Practice plan for the maintenance of the parking lot, including sampling, monitoring, and cleaning of the catch basins in accordance with the NPDES regulations, shall be provided and included with the plans. 16. A plan check/inspection deposit, and a performance bond will be required, prior to the approval of any Engineering Department permits. 17. The applicant is alerted to the fact that the existing storm drain system located along the westerly property line is below capacity for a 100-year storm frequency, and design considerations should be given for the layout of the parking lot, as well as the location of the new structures, to protect against potential flooding. 18. Street pavement repairs shall be performed on "L" Avenue. The asphalt concrete pavement and the base course at the areas of work, which are marked at the site, shall be removed and replaced with a minimum of 4 inches of A.C. on 10 inches of compacted base material (A.B. or C.M.B.). At other areas where cracks exist, the applicant shall perform crack sealing, per the requirements of the City. The total approximate quantity of pavement work is 1560 square feet. After the completion of crack sealing and all the repairs, an asphalt concrete overlay is required over the entire half of the street along the property frontage to provide a uniform and smooth pavement surface, which will be level with the lip of the gutter along the curb line. 19. New wheel stops shall be provided for all of the parking stalls to prevent vehicles from encroaching (overhanging) into the public sidewalk on both frontage streets, or by other method, as determined by the City Engineer. 20. The existing sewer manhole, and utility valve covers on "L" Avenue shall be adjusted and set to finish grade, after the street repairs and resurfacing is completed. 21. The top of the existing curb along "L" Avenue at two (2) locations is chipped off, and is to be repaired (patched up) as marked. 22. To meet Fire Department standards, service driveway must be a minimum of twenty (20) feet wide with a vertical clearance of thirteen (13) feet six (6) inches. An automatic fire sprinkler system will be required. 23. To meet Building Department standards, plans must comply with the 1994 Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, the 1993 National Electrical Code, and the State Title 24 for handicapped and energy regulations. CONTINUED ON PAGE 5 Resolution No. 98 - 20 Page 5 of 8 24. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages, except for the two liquor signs shown on Exhibit A, dated 11/26/97. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 25. Beer, malt beverages, and wine coolers in containers of 16 oz. or less cannot be sold by single containers, but must be sold in manufacturers pre -packaged multi -unit quantities. 26. The sales of beer or malt beverages in quantities of quarts, 22 oz, 32 oz, 40 oz, or similar size containers is prohibited. No beer or malt beverages shall be sold in less than manufacturer's pre -packaged multi -unit quantities. 27. Wine shall not be sold in bottles or containers smaller than 750 ml.; wine coolers and beer coolers must be sold in manufacturer pre -packaged multi -unit quantities. 28. No wine shall be sold with an alcoholic content of greater that 15% by volume except for "Dinner Wines" which have been aged two years or more and maintained in corked bottles. 29. All Alcohol Beverage Control (ABC) approvals shall be received prior to the conditional use permit approval becoming effective. 30. Sales of all types of alcoholic beverages shall be permitted only between the hours of Monday through Saturday 8:00 a.m. to 10:00 p.m., on Sunday 8:00 a.m. to 9:00 p.m. 31. Under no circumstance shall sales or delivery of alcoholic beverages be permitted through the proposed prescription only drive -up window. 32. No alcoholic beverages shall be consumed and possession of alcoholic beverage open containers is prohibited on the applicant premises and on any property adjacent to the applicant premises under the same ownership. 33. There shall be no cups, glasses, or similar receptacles commonly used for the drinking of beverages sold, furnished, or given away at the applicant premises in quantities of less than their original multi -container packages. 34. All ice shall be sold at or about the prevailing prices in the area and in quantities of not less than five pounds per sale and shall not be given away free. CONTINUED ON PAGE 6 Resolution No. 9 8- 20 Page 6 of 8 35. The applicant shall keep the premises and the property under its control clear of newspaper racks; benches; pay telephones, except for two pay phones inside the store with only outgoing calls permitted; bicycles racks or any other object that may encourage persons to loiter. 36. There shall be no amusement devices, coin or token operated games, or video machines maintained upon the premises at any time. 37. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally, the position of the lighting shall not disturb the normal privacy and use of any neighboring residences. 38. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 39. A trash enclosure in accordance with City standards shall be provided. It shall have a stucco exterior to match the building. 40. Exterior walls of buildings, freestanding signs, and the trash enclosure to a height of not less than 6 feet shall be treated with "Graffiti Melt Coating" manufactured by Genesis Coatings, Inc. A similar product may be used, subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 41. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. Changes in plant specifications may be required to ensure compatibility with landscaping of nearby development. 42. Except as required by conditions of approval, development plans shall be submitted for review and approval by the Planning Director in conformance with Exhibit A -Revised, case file no. CUP-1997-6, dated 11/26/97, and pursuant to improvement in design to avoid long, blank, walls facing Plaza Boulevard and to increase variation in roofline as well as more complete roofing on the south elevation, similar to that proposed for the west elevation. The Planning Commission shall review revised plans prior to approval of the building plans. CONTINUED ON PAGE 7 Resolution No. 9 8— 20 Page 7 of 8 43. Before this Conditional Use Permit shall become effective, the applicant and the property owner both 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 Notice 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 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. 44. Use of the property as authorized by this Conditional Use Permit shall be limited to the sale of beer, wine, and distilled spirits within a drug store to be constructed in conformance with plans labeled as Exhibit A -Revised, case file no. CUP-1997-6, dated 11/26/97, except as modified per condition No. 42. Alcohol display area shall be limited to approximately 1,000 ft., within a contiguous area. However, changes in location may be approved by the Director of Planning in conformance with the restriction on maximum display area. Additional development on the property may be approved in conformance with the National City Land Use Code. However, no additional sale of alcoholic beverages for either on or off -site consumption, shall be authorized without approval of a conditional use permit. 45. 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. 46. Applicant agrees to retain a copy of this Conditional use Permit including any imposed conditions on the premises at all times and will be prepared to produce it immediately upon the request of any peace officer. 47. The applicant understands that any violation of the foregoing conditions shall be grounds for the suspension or revocation of the Conditional Use Permit. 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 Procedure Section 1094.6. CONTINUED ON PAGE 8 Resolution No. 9 8 - 2 0 Page 8 of 8 PASSED and ADOPTED this 17th day of February 1998. GEORGE WATERS, MAYOR ATTEST: N 4.e L R. D LA, CITY CLERK APPROVED AS TO FORM: 0 .AAA, f GEORGE H. EISER, III -CITY ATTORNEY