HomeMy WebLinkAboutCC RESO 2018-61NOT ADOPTED
RESOLUTION NO. 2018-61
"RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY APPROVING A CONDITIONAL USE
PERMIT AND COASTAL DEVELOPMENT PERMIT FOR A
GAS STATION AND CONVENIENCE STORE WITH BEER
AND WINE SALES TO BE LOCATED AT 724 CIVIC
CENTER DRIVE IN THE COASTAL ZONE"
(Planning)
This Resolution was not adopted at the Regular Meeting
of the City Council and Community Development Commission
— Housing Authority of the City of National City of April 17, 2018.
April 18, 2018
ichael R. lla, CMC
City Clerk
City of National City
RESOLUTION 2018 — 61
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING A CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT
PERMIT FOR A GAS STATION AND CONVENIENCE STORE WITH BEER AND WINE
SALES TO BE LOCATED AT 724 CIVIC CENTER DRIVE IN THE COASTAL ZONE
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit ("CUP") and Coastal Development Permit for a gas station and
convenience store with beer and wine sales to be located at 724 Civic Center Drive (APN: 559-
024-06) in the Coastal Zone at a duly advertised public hearing held on Mar at which
time oral and documentary evidence was presented; and
WHEREAS, at said noticed public hearing the Plannin
the staff report contained in Case File No. 2017-03 CUP, CDP, ma
incorporated herein by reference along with evidence and testi
WHEREAS, at the Planning Commission m
Commission recommended the approval of the Conditio
required findings and subject to conditions of approva
WHEREAS, the City Council of the
March 20, 2018, considered the Planning Co
public comment, voted to set the item for publ
information, and public testimony in order to a
matter further before rendering a decis
WHEREAS, the City
Development Permit for a gas
located at 724 Civic Center Dr
2018, at which time oral and do
ered
8, the
based on the
al City, at their meeting of
mendation, and after hearing
a staff report, additional
cil "o discuss and consider the
ered a Conditional Use Permit and Coastal
nce store with beer and wine sales to be
ne at a publically noticed hearing on April 17,
nce was presented; and
WHE . , this act taken pursuant to all applicable procedures required by
State and City law.,
of public h
Natio
e action recited herein is found to be essential for the preservation
eral welfare.
EREFORE, BE IT RESOLVED by the City Council of the City of
timony and evidence presented to the City Council at a public hearing
upport the following findings:
to for the proposed use is adequate in size and shape, because the 25,466
oot property is in excess of the 15,000 square feet required by Section 18.98 of
thunicipal Code. Additionally, all buildings and parking spaces can be installed to
meet all setback and site design requirements.
2. 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 site has direct access to Harbor Drive, an arterial street; Civic Center
Drive, a collector street; and Interstate 5, a freeway, which can accommodate the
additional 1,280 ADT that would be generated by the project. The TIA submitted with the
application has shown that the existing street network can function at an LOS of D or
better without the need for mitigation.
Resolution No. 2018 — 61
April 17, 2018
Page Two
3. That the proposed use will not have an adverse effect upon adjacent or abutting
properties because the project is a use consistent with the Medium Manufacturing (MM)
zone description in the General Plan and will be subject to conditions of approval that
ensure safe operation of the business
4. That the proposed use is deemed essential and desirable to the publ' • fence or
welfare because the project will provide a service in need for local . -gi. •rivers
requiring automobile refueling and associated services. The use c. -nt the
MM zone description, which is intended for uses in areas in w _c iv - some
degree of noise, vibration, air pollution, radiation, glare phe ./o . nd
explosive hazards.
5. That the granting of this Conditional Use Permit is c• - with _ plements the
Certified Local Coastal Program because the pr.' loc_ ithin _ n area generally
exempt from a Coastal Development Permit; i• servi -, which is
conditionally allowed in the MM-CZ zone; anhibit c..stal access or obstruct
views.
6. That the proposed project has been re ed ce with the California
Environmental Quality Act becau - 't h. -en . rmined that the proposed use
qualifies for a categorical exe ► i •er Class 32, Section 15332 (In -Fill
Development Projects).
7. That the proposed use - e. and desirable to the public convenience and
necessity because bee - s- II contribute to the viability of the gas station
convenience store, an al e MM zone. Alcohol sales would add to the
convenience o 'e consu customers would be able to purchase alcohol at
the same o t they ar_ . chasing other products and will not need to visit multiple
locations eeds.
8. Tha •n fin. 1 through 7 above, public convenience and necessity will be
se •pose • se of the property for the retail sales of alcoholic beverages
ur
RTHER RESOLVED that the application for Conditional Use Permit and
ment Permit is approved subject to the following conditions:
1. This Conditional Use Permit and Coastal Development Permit authorize a gas station
with a convenience store, including the sale of beer and wine. Except as required by
conditions of approval, all plans submitted for permits associated with the project shall
conform to Exhibit "A", Case File No. 2017-03 CUP, CDP, dated February 28, 2017.
2. Within four (4) days of approval, pursuant to Fish and Game Code Section 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
Department.
Resolution No. 2018 — 61
April 17, 2018
Page Three
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 the
Land Use Code.
4. Before this Conditional Use Permit and Coastal Development Permit shall become
effective, the applicant and the property owner, both, shall sign and h
Acceptance Form provided by the Planning Department, acknowle
all conditions imposed upon the approval of this permit. Failure
and notarized Acceptance Form within 30 days of its rec
terminate the Conditional Use Permit and Coastal Deve
applicant shall also submit evidence to the satisfaction o
that a Notice of Restriction on Real Property is record
applicant shall pay necessary recording fees to the
shall provide information that conditions impose
Permit and Coastal Development Permit are
holders or estate holders of the property. The
to form by the City Attorney and signed
recordation.
Building
5. Plans submitted for demoliti
editions of the California : uildi
Engineering
6. A Hydrology st
consider the
The study
any additio
Eng
(100 ye
sed proje
onsider th
the
all pr
estricti
ager or designee prior to
ized an
epting
ed
Ily
o designee
corder. The
Restriction
onditional Use
or future interest
shall be approved as
rovements must comply with the 2016
Plumbing, Mechanical, and Fire Codes.
required for the new project. The study should
ea to the closest municipal storm drain collection point.
dequacy of the existing storm drain system to convey
. All Hydrology study findings and recommendations are part of
t requirements.
7. h ct Applicability checklist for the National Pollutant Discharge
m (NPDES) is required to be completed and submitted to the
artment. The checklist will be required when a project site is submitted
y City departments. The checklist is available at the Engineering
t. If it is determined that the project is subject to the "Priority Project
anent Storm Water BMP Requirements" and the City of National City Storm Water
anagement Practices of the Jurisdictional Urban Runoff Management Program
(JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP),
documentation will be required prior to issuance of an applicable engineering permit.
The SUSMP shall be prepared by a Registered Civil Engineer.
8. The Best Management Practices (BMPs) 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.
Resolution No. 2018 — 61
April 17, 2018
Page Four
9. All surface run-off shall be treated with an approved Standard Urban Runoff Mitigation
Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No
runoff will be permitted to flow over the sidewalk. Adjacent properties shall be protected
from surface run-off resulting from this development.
10. The property owner, or its successors and assigns, shall be responsi
maintenance, repair, or reconstruction of all irrigation and landscap p : gents
installed within the public right-of-way. Sprinkler heads shall be . s • ate` •revent
overspray upon the public sidewalk or the street. The propos- m le` . all be
installed behind the sidewalk and the irrigation mainline up• op y, as
required by the City. The property owner or, its successmove and
relocate all irrigation items from the public right-of-wa , cos , and within a
reasonable time frame upon a written notification b
11. Metallic identification tape shall be placed bet sotto ;-r of the finished
surface and the top of all irrigation lines in the t-of-wa
12. A grading and drainage plan shall be ..' ;, all of the proposed and existing
on -site and off -site improvements. Th n s' ; tared in accordance with the
City's standard requirements by - •i -d Ci ngineer. All necessary measures for
prevention of storm water poll aterial run-off to the public storm
drain system from the propo - rk . elopment shall be implemented with
the design of the grading This nc' the provision of such devices as storm drain
interceptors, clarifiers, - s. •ement Practices for the maintenance of the
parking lot, including sa ••n , and cleaning of private catch basins and
storm drains, shall be un• cordance with the National Pollution Discharge
Elimination Sy ,. (NPD u'- ions. A private storm water treatment maintenance
agreement ;'- signed a recorded. A check list for preparation of the grading
plan/drai is availabl_'at the Engineering Department.
d curb inlet on property shall be provided with a "No Dumping"
ith the NPDES program.
14. �;' a �''r��a �� ill be required. The method of sewage collection and disposal shall be
ading/drainage plan. Any new sewer lateral in the City right-of-way shall
in size with a clean out. A sewer stamp "S" shall be provided on the curb to
cation of the lateral.
15. ate street and sewer plans, prepared by a Registered Civil Engineer, shall be
submitted showing all of the existing and proposed improvements. The plans shall be in
accordance with City requirements.
16. A soils engineering report shall be submitted for the Engineering Department's review,
after Planning Commission approval. The report shall address the stability of all of the
existing and proposed slopes on the property. It shall also address the adequacy of the
building pads, the criteria for any new retaining wall design, the maximum allowable soil
bearing pressure, and the required pavement structural sections for the proposed
Resolution No. 2018 — 61
April 17, 2018
Page Five
streets, the parking areas, and the driveways. As a minimum, the parking lot pavement
sections shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement
sections shall be in accordance with National City modified Standard Drawing G-34. All
soils report findings and recommendations shall be part of the Engineering Department
requirements.
17. The deteriorated portions of the existing street improvements alon
frontages shall be removed and replaced. Specifically, all sidew- a b . +utter.
Sidewalk shall be in accordance with San Diego Regional St. : r. RSD)
G-7, G-9, G-10 and G-11. Curb and gutter shall be 8" and b
National City Modified SDRSD G-2.
18. The existing pedestrian ramp(s) located on the sout come vic Center
Drive and Cleveland Avenue shall be removed . • • ac- sta •ard ramp
complying with the ADA requirements and the -29 - C).
19. All existing survey monuments, includin
project shall be shown on the plans. If
engineer shall restore them after corn
with the County of San Diego Re
the Engineering Department a
20. A permit shall be obtained fro
within the public right-
rk, within the boundaries of the
ed land surveyor or civil
A Corner Record shall be filed
e documents filed shall be given to
ring Department for all improvement work
ng construction on private property.
21. Street improvements sha ance with National City Standards. All missing
street improve is shall s acted. Abandoned driveway aprons shall be
replaced wit gutter, a idewalks.
22. A title repo
Co
pro
submitted to the Engineering Department, after the Planning
or review of all existing easements and the ownership at the
23. ' " ne(s) (red curbing) shall be provided and/or replaced after new curb
d.
24. g non -operational abandoned pay telephone on Civic Center Drive adjacent
sterly driveway shall be removed.
25. 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 plan checking
and inspection services at the time the plans are submitted. The deposit is subject to
adjustment according to actual worked hours and consultant services.
26. A hydromodification plan or a letter sealed and signed by the Engineer of Work
explaining why the project is exempt from hydromodification requirements shall be
submitted.
Resolution No. 2018 — 61
April 17, 2018
Page Six
27. The owner/developer shall submit plans to CalTrans for their review to ensure that any
conflicts with State Right of Ways and Facilities are addressed.
Fire
28. Plans submitted for improvements must comply with the current editi
Fire Code (CFC), National Fire Protection Association (NFPA), an
Regulations (CCR).
29. Fire apparatus access roads shall comply with the requirem
California Fire Code (CFC) and shall extend to within 15
facility and all portions of the exterior walls of the buil
route around the exterior of the building. Dead-end tus a
excess of 150 feet in length shall be provided wi r pp area
fire apparatus.
30. The required width of emergency fire a
any manner, including parking of vehic
wide, no less than 14 feet high and sh
support 75 thousand pounds or . -.te
apparatus road, the minimum
required for Fire Department
shall be painted and signed to
areas.
California
de of
e
the
n approved
roads in
r turning around
p• s . roads shall not be obstructed in
ds shall be no less than 20 feet
her road with the ability to
hydrant is located on a fire
feet. A 28 foot turning radius is
ite. All fire department access roads
ng in these required designated emergency
31. Grade of the fire apparat •e within the limits established (15% grade) by the
fire code offici. cased on .artment's apparatus.
32. The vapor
— 2306.7.
surr
Cit
CO
unit (Hea ank) shall comply with Chapter 23, Section 2306.7.9.1
California Fire Code. Additionally, lot lines and proximity to
where Healy Tanks are proposed, shall meet CFC, NFPA, and all
e contact the National City Fire Department on required
ure for vapor tank.
I tank removal and replacement will require permit and inspections from
ty Fire Department.
34. i<< -rge° cy service access to the trash enclosure shall be maintained at all times for the
the project.
35. Exit signs shall be provided at all required exits. Exit signs shall be green in color per
the National City Municipal Code.
36. All fire sprinkler and fire alarm plans shall be submitted directly to the National City Fire
Department.
37. Soft drink CO2 dispensing systems require a permit and inspection per the California
Fire Code Chapter 53, Section 5307 — Systems used in beverage dispensing
applications.
Resolution No. 2018 — 61
April 17, 2018
Page Seven
38. A 48-hour notice is required for all inspection provided by the National City Fire
Department.
Planning
39. Plans submitted for construction shall include an accommodation for •, ccess
along the east property line adjacent to the Interstate 5 southboun• ieu of
actual improvements, areas within 20 feet of the curb on the ea o: - :II be
set aside until such time as the Bayshore Bikeway is constru his n". • be
landscaped in the interim period. In the event the bikeway d o it ture
easement on the subject property, the area set aside m - -d •."` ing area
subject to Condition Number 41.
40. At minimum, one bicycle parking space shall be
spaces to accommodate future bicycle traffic
41. All parking spaces must meet minimum
Standard parking spaces shall be a mi
Up to 25% of required parking spaces
Parking spaces currently shown i
Number 39 shall be relocated
42. A landscape and undergroun
construction permitting
maintained for the life o
rop y. Additional
ed.
stated in the Land Use Code.
of nine wide by 18 feet deep.
size (eight feet by 16 feet).
y area required by Condition
shall be submitted as part of the
ping and irrigation improvements shall be
43. Business operns shall " Municipal Code Title 12 (Noise) at all times.
44. Plans sub
(Screenin
Ligh
construct `"` shall conform to Land Use Code Section 18.42.040
al equipment and elevator housing) and Section 18.46 (Outdoor
rvice Stations).
45. 'la ""ubmi ;for construction permits shall show that a cover for all trash enclosures
i I be required to obtain an operation permit from the San Diego County Air
ontrol District (APCD), which will be subject to National Emission Standards
az`=`rdous Air Pollutants (NESHAP) and Air Toxic Control Measures (ATCM).
47. Vio ation of APCD licensing/permitting or any other State licensing department shall be a
violation of this Conditional Use Permit and Coastal Development Permit.
48. Any planned exterior propane tank shall be screened in compliance with Land Use Code
Section 18.42.040.
49. All proposed business signage shall be in conformance with Land Use Code
requirements.
Resolution No. 2018 — 61
April 17, 2018
Page Eight
50. The display of alcoholic beverages shall be limited to an area in substantial conformance
with Exhibit "B", Case File No. 2017-03 CUP, CDP, dated February 27, 2018.
51. The sale of alcoholic beverages for off -site consumption shall be limited to the hours of
8:00 a.m. and 12:00 a.m., seven days a week.
52. Coolers containing alcohol products shall be locked and made ina e public
between the hours of 12:00 a.m. and 8:00 a.m.
53. The sale of beer or malt beverages in quantities of quarts, 2
ounce, or similar size containers is prohibited.
54. No beer products shall be sold for less than manufa
e-pa : three -pack
quantities of 24 ounce cans per sale. There shall sa ingle ans or bottles.
55. No sale of wine or distilled spirits shall be sol.' . ers of -s than 750 milliliters.
The sale of wine with an alcoholic conte - -a 15% by volume is prohibited.
56. Flavored malt beverages, also known ire _ verages and flavored malt
coolers, and sometimes commonl ref to a e coolers, may be sold only by four -
pack or other manufacturer's p quantities.
57. The consumption of alcoholic
all parking lots and out
of the applicant.
prohibited on the subject premises, and on
perty or adjacent property under the control
58. All cups and con ainers sh. .. at or above prevailing prices and in their original
multi -contain kages o ewer than 12, and no cups and containers shall be given
free of ch
or above prevailing prices in the area and in quantities of not
er sale. Ice shall not be provided free of charge.
60. -r ! '.st signs on the exterior building walls in compliance with Chapter
National City Municipal Code. Additionally, the permittee shall post
proved by the Planning Department, at each entrance to the applicant's
nd parking lot, prohibiting loitering and consumption of alcohol on the
and adjacent property under his control. Said signs shall not be less than 17 by
hes in size, with lettering not less than one inch in height. The signs shall read as
follws:
a.
b.
"No open alcoholic beverage containers are allowed on these premises."
"No loitering is allowed."
61. Containers of distilled spirits may not be stored on the premises after being sold to
patrons for the purpose of later consumption.
Resolution No. 2018 — 61
April 17, 2018
Page Nine
63. 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 that are clearly visible to
the exterior shall constitute a violation of this condition.
64. The quarterly gross sales of alcoholic beverages shall not exceed th
other commodities during the same period. The applicant shall at a
which reflect separately the gross sales of alcoholic beverages
other items. Said records shall be kept no less frequently tha
shall be made available to the National City Finance Depart
of the California Department of Alcoholic Beverage Con
65. All sellers and servers of alcohol shall receive Resp
(RBSS) training, including all owners and mana
certified by the Department of Alcoholic Bever
an approved RBSS program must be provide
license. As part of the RBSS training, th
violence training session as provided
Sweetwater Authority
66. The property owner must su
fire agency stating fire flow req
or substantial alteratio
les of all
ecords
s of all
and
Officer
vera• ice and Sales
traini g must be
of (A`` roof of completion of
suance •f a City business
make available a domestic
ublic Strategies.
ater Authority from the appropriate
ased on this requirement, new water systems
r system may be needed.
67. An approved backflow pr i, ' '. =' bly is required for water services serving all
commercial de .,, opments. _' ilities shall be designed and installed in accordance
with the curr eetwater ority Design Standards and the Standard Specifications
for Constr Water Fac ies.
68. Onc
sta
ub
•
is obtained by the owner, the owner shall submit approved
from ' lead agency where the project is located. The approved
clude a site plan, floor plan, plumbing plan showing total fixture count,
ter demands for domestic and irrigation use in gallons per day, and a
(if applicable) so that water facilities can be verified.
IT FURTHER RESOLVED that this Resolution shall become effective, final,
and c• ive`on the day following the City Council meeting where this Resolution is adopted.
The time in which judicial review of this decision may be sought is governed by the
provisions of Code of Civil Procedures Section 1094.6.
[Signature Page to Follow]
Resolution No. 2018 — 61
April 17, 2018
Page Ten
PASSED and ADOPTED this 17th day of April, 2018.
Ron Morrison, May
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney