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HomeMy WebLinkAboutCC RESO 2006-90RESOLUTION NO. 2006 — 90 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A NEW 1,350 SQUARE -FOOT MINI -MART AND FOR BEER AND WINE SALES FOR OFF -SITE CONSUMPTION AND A ZONE VARIANCE FOR LESS THAN REQUIRED PARKING AT AN EXISTING GAS STATION IN SWEETWATER SQUARE SHOPPING CENTER AT 3009 HIGHLAND AVENUE APPLICANT: SAAD PATTAH CASE FILE NO. CUP-2005-6/Z-2005-3 WHEREAS, the City Council of the City of National City considered both a Conditional Use Permit application for a new 1,350 square -foot mini -mart with beer and wine sales, and a Zone Variance application for less than required parking at an existing gas station in Sweetwater Square Shopping Center at 3009 Highland Avenue at a duly advertised public hearing held on May 2, 2006, 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-2005-6/Z-2005-3 maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and WHEREAS, the action recited herein are 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 May 2, 2006, support the following findings: FINDINGS FOR APPROVAL OF A CONDITIONAL USE PERMIT FOR A NEW MINI -MART AND FOR BEER AND WINE SALES FOR OFF -SITE CONSUMPTION 1. That the site for the proposed use is adequate in size and shape, since the 11.5- acre shopping center can accommodate the small additions, which total approximately 1,350 square -feet, to an existing gas station, and the proposed mini -mart store will have room available for the incidental sale of beer and wine for off -site consumption. 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 gasoline station is currently existing on -site and added trip generation as a result of the mini -market is minor, approximately 120 more trips a day, and since fifty percent of gas station traffic is estimated to be pass -by traffic that is not generated by the market but by other destination uses, and since Highland Avenue, a major arterial with a capacity of 25,000 ADT, is currently operating under its capacity. Also, the gasoline station is currently existing on -site and the addition of accessory alcohol sales will not substantially affect traffic. Resolution No. 2006 — 90 May 16, 2006 Page 2 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the commercial corridor that Sweetwater Square shopping center is located in is designed and intended for gasoline service stations and other retail commercial uses, and because gas sales are currently existing on - site, and conditions of approval will limit the types and sizes of product that can be sold and prohibit loitering and drinking on the premises. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will allow FillCo, which is an established and allowed use in the applicable commercial zone, to offer a larger variety of products to its customers, similar to other existing retailers. 5. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. FINDINGS FOR APPROVAL OF A VARIANCE FOR REDUCED PARKING 1. That because of special circumstances applicable to the property, including size, location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other properties in the vicinity and under the identical zone classification, since the gas station is located in the southwest corner of the site to achieve greater visibility, and the necessary area for circulation to access the pumps limits the parking. However, due to the size of the overall shopping center and relatively small reduction in parking (<2%), the increase of the mini -mart does not limit the functionality of the overall site. 2. That the requested Variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since conditions affecting operation, including plans identifying a mini -mart adjacent to the gas station, will result in the additional square -footage that triggers the parking increase to be used almost exclusively by pass -by traffic or by traffic already visiting the site. Also, due to the size of the overall shopping center and relatively small reduction in parking (<2%), the increase of the mini -mart does not limit the functionality of the overall site. 3. That the variance does not authorize a use or activity that is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since a gasoline station and mini -mart are allowed in the General Commercial (GC) Zone, and the gas station use currently exists on site. BE IT FURTHER RESOLVED that the application for a Conditional Use Permit for a mini -mart and Variance for reduced parking are approved subject to the following conditions: Resolution No. 2006 — 90 May 16, 2006 Page 3 1. This Conditional Use Permit authorizes a 1,350 square -foot mini -market and the sale of beer and wine for off -site consumption at 3009 Highland Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit "A", Case File No. CUP-2005-6/Z-2005-3, dated February 6, 2006. 2. 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. 3. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 4. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 5. A trash enclosure shall be provided in accordance with city standards. It shall have a stucco exterior to match the building. 6. Exterior walls of buildings/freestanding signs/trash enclosures to a height of not less than 6-feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 7. Permittee shall comply with all regulatory provisions of Business and Professions Code Sections 25600 through 25667, currently in effect or as may be amended, regarding sales, displays and marketing or merchandising of alcoholic beverages. 8. The sale of alcoholic beverages shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m., and the coolers containing alcohol product shall remain locked during these hours. 9. The sale of fortified wines and malt liquor shall be prohibited. 10. The sale of beer in quantities of quarts, 22-ounce, 32-ounce, 40-ounce, or similar size containers is prohibited. No beer products shall be sold in less than six-pack quantities per sale. There shall be no sale of single cans or bottles. 11. No wine shall be sold in containers of less than 750-milliliters, except for wine coolers. Wine coolers may be sold only by four -pack or other manufacturer's pre- packaged multi -unit quantities. 12. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 'iesolution No. 2006 — 90 May 16, 2006 Page 4 13. Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning Department, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17-inches by 22-inches in size, with lettering not Tess than one -inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed on or in front of these premises." 14. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking Tots and outbuildings and any property or adjacent property under the control of the applicant. 15. All cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. 16. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three -pounds per sale. Ice shall not be provided free of charge. 17. The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit "A", Case File No. CUP-2005-6/Z-2005-3, dated February 6, 2006. The display and sale of alcohol from the merchandise floor is prohibited. 18. Containers of alcohol may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 19. All persons who sell and handle alcoholic beverages shall receive L.E.A.D. (Licensee Education on Alcohol and Drugs) training in Responsible Beverage Service from the State Department of Alcoholic Beverage Control, Responsible Hospitality Coalition, or such training certified by the California Council on Responsible Beverage Service. 20. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 21. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the Califomia Department of Alcoholic Beverage Control upon demand. resolution No. 2006 — 90 May 16, 2006 Page 5 22. No coin operated amusement devices shall be operated on the licensed premises. 23. Permittee shall be responsible for maintaining the exterior free of debris and graffiti, and shall maintain well -lit area during the course of operation. 24. A drainage plan shall be submitted showing all of the proposed and existing on - site and off -site improvements. The plan shall be prepared by a Registered Civil Engineer, or other qualified professional, and shall be in accordance with the City requirements. 25. The Priority Applicability checklist for the Standard Urban Stormwater Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) and approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 26. The Best Management Practices (BMP's) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations, which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 27. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for the plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment. The deposit is subject to adjustment according to actual worked hours and consultant services. 28. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6-inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 29. 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 Resolution No. 2006 — 90 May 16, 2006 Page 6 County. The Notice of Restriction shall provide information that conditions imposed by approval of the 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. 30. 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. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. 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. PASSED and ADOPTED this 16th day of May, 2006. Nick Ihzuhza, Mayor ATTEST: 4, Mich el Dalla, C' Clerk APPROVED AS TO FORM: George H. Eiser, 111. City Attorney Passed and adopted by the Council of the City of National City, California, on May 16, 2006, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California h City CIrk of the City oational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2006-90 of the City of National City, California, passed and adopted by the Council of said City on May 16, 2006. City Clerk of the City of National City, California By: Deputy