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HomeMy WebLinkAboutCC RESO 2011-150RESOLUTION NO. 2011 — 150 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY FINDING CONSISTENCY WITH THE DOWNTOWN SPECIFIC PLAN AND APPROVING A CONDITIONAL USE PERMIT FOR THE EXPANSION OF A GAS STATION CONVENIENCE STORE AND THE SALE OF ALCOHOL FOR OFF -SITE CONSUMPTION AT 10 OSBORN STREET WHEREAS, the Planning Commission considered a Downtown Specific Plan Consistency Review and Conditional Use Permit for the expansion of a gas station convenience store and the sale of beer, wine and distilled spirits for off -site consumption at 10 Osborn Street at a duly advertised public hearing held on June 6, 2011, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing, the Planning Commission considered the staff report contained in Case File No. 2011-16 DSP, CUP maintained by the City, and incorporated herein by reference along with evidence and testimony from said hearing; and WHEREAS, the Planning Commission voted to approve the Downtown Specific Plan Consistency Review and Conditional Use Permit for the expansion of a gas station convenience store and the sale of beer, wine and distilled spirits for off -site consumption at 10 Osborn Street by a vote of four to three in favor of approval; and WHEREAS, a Notice of Determination was before the City Council on June 21, 2011, and a public hearing was set for July 5, 2011; and WHEREAS, the City Council considered a Downtown Specific Plan Consistency Review and Conditional Use Permit for the expansion of a gas station convenience store and the sale of beer, wine and distilled spirits for off -site consumption at 10 Osborn Street at a duly advertised public hearing held on July 5, 2011, 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. 2011-16 DSP, CUP maintained by the City, and incorporated herein by reference along with evidence and testimony from said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by state and City laws; 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 that the testimony and evidence presented to the City Council at the public hearing held on July 5, 2011, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the addition to the existing mini -mart can be adequately constructed on the lot with all required setbacks and parking needs met. 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 gas station is existing and the expansion of an existing mini -mart and the addition of alcohol sales is not expected to result in an appreciable increase in traffic. Resolution No. 2011 —150 July 5, 2011 Page Two 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the mini -mart already exists and is located in a developed commercial area. Also, conditions of approval controlling the sale of alcohol will reduce the potential for adverse effects. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of the service station, an established and allowed use in the applicable commercial zone. 5. That the design enhancement of the property will contribute to the viability of an existing older business and to other local businesses along the National City Boulevard commercial corridor. 6. That the project complies with the maximum height, minimum setback, maximum floor - area -ratio, maximum density (where applicable), minimum build -to -line, and minimum parking requirements and standards of the Specific Plan. 7. That public convenience and necessity may be served by the proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: GENERAL 1. This Conditional Use Permit authorizes the 820 square -foot expansion of a mini -mart and for the sale of beer and wine for off -site consumption at Valero located at 10 Osborn Street. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibit "A", Case File No. 2011-16 DSP, CUP, dated April 7, 2011. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Division. 3. 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. 4. This permit shall expire if the use authorized by this Resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. Resolution No. 2011 —150 July 5, 2011 Page Three 6. Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both sign and have notarized an Acceptance Form, provided by the Planning Division, 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 Development Services 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 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 Attomey and signed by the Development Services Director prior to recordation. BUILDING 7. Plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. ENGINEERING 8. The owner shall remove and replace all sidewalks as marked out in the field. 9. The owner shall remove and replace the existing alley apron located near the southwesterly property corner as marked out in the field. 10. The owner shall remove the existing speed hump that was placed in the alley on the westerly side of the property. 11. All monitoring wells existing on site shall be protected in place. FIRE 12. Approved fire extinguishers shall be installed to include the new proposed portion of the tenant improvement described as containing 2,382 square feet. PLANNING 13. A detailed landscape and underground irrigation plan, including plant species, methods of planting, etc., shall be submitted for review and approval by the Planning Division prior to a building permit. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices, as well as details for hardscape on site, including parking lot striping. The plans shall also show details for the trash enclosure, including a locking door and cover. The finish of the trash enclosure shall be painted to match the mini - mart building on site. Resolution No. 2011 — 150 July 5, 2011 Page Four 14. The sale of alcoholic beverages shall be limited to between the hours of 6:00 a.m. and 12:00 a.m., seven days a week. 15. Alcohol products stored outside of the coolers shall be located on the shelving unit farthest from the front doors. 16. Coolers containing alcohol products shall be locked and made inaccessible to the public between the hours of 12:00 a.m. and 6:00 a.m. 17. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 18. No beer and malt beverage products shall be sold of less than six-pack quantities per sale. There shall be no sale of single cans or bottles. 19. Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four - pack or other manufacturer's pre -packaged multi -unit quantities. 20. Pemiittee 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 Division, 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 (17" x 22") in size, with lettering not less than one inch in height. The signs shall read with reference to the specific applicable Municipal Code section on the sign as follows: "No open alcoholic beverage containers are allowed on these premises. No loitering is allowed (NCMC 10.30.070 A)." 21. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings, and any property or adjacent property under the control of the applicant. 22. 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 or containers shall be given free of charge. 23. 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. 24. 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. • Resolution No. 2011 — 150 July 5, 2011 Page Five 25. 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 be made available to the City Finance Department and any peace officer of the California Department of Alcoholic Beverage Control upon demand. 26. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a National City business license. POLICE 27. Permittee shall comply with all regulatory provisions of the California Business and Professions Code that pertain to the sale, display, and marketing or merchandising of alcoholic beverages. 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 5th day of July, 2011 ATTEST: Michael R. Dalla,/City Clerk OVED AS TO FORM: 401 CI .!:: "sT City Attorney on Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on July 5, 2011 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California gNrk of the Cit City National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-150 of the City of National City, California, passed and adopted by the Council of said City on July 5, 2011. City Clerk of the City of National City, California By: Deputy