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HomeMy WebLinkAboutCC RESO 2020-142RESOLUTION NO. 2020 - 142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR THE OFF -SITE SALE OF ALCOHOL AND A CONSISTENCY EVIEW FOR A NEW 7-ELEVEN TO E LOCATED AT 11NATIONAL CITY BOULEVARD CASE FILE NO. 2020-15 CUP, DSP APN:555-020-15 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit and Consistency Review for the off -site sale of alcohol and a Consistency Review for A new 7-Eleven to be located at 110 National City Boulevard at a duly advertised Public Hearing held on August 4, 2020, at which time oral and documentary evidence was presented; and WHEREAS, EAS, at said Public Hearing the City Council considered the staff report contained in Case File No. 2020-05 CUP, DSP maintained by the City and incorporated herein by reference along with evidence and testimony at said Public Hearing; and WHEREAS, the Planning Commission of the City of National City considered the Conditional Use Permit and Consistency Review application at a duly advertised public hearing held on Junel , 2020, at which time the Commission recommended approval of the Conditional Use Permit; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, TITIEREFORE, BE IT RESOLVED L' ED by. the City Council of the. City of National City, California, that the evidence presented to the City Council at the Public Hearing held on August 4, 2020, support the following findings: FINDINGS FOR APPROVAL OF THE CONSISTENCY REVIEW 1. The design, location, size, and operating characteristics f the proposed activity would be compatible with the existing and future land uses in the vicinity, because the building is new and will improve upon the existing convenience store design by moving it to location on the property that allows for more function and accessibility. • Resolution No.2 142 Page Two 2. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because the proposed use is the same as that existing on -site and is a permitted use per the zoning. The project is also under the maximum permissible floor area ratio and provides excess parking on site. In addition, the existing infrastructure is capable of handling the new development. 3. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and is considered to be categorically exempt from CEQA analysis per Section Class 32, Section 1 332 In -Fill Development Projects) The proposed development replaces the existing use with the same type of use and the property can be adequately sewed by all required utilities and public services. F.NDING FOR APPROVAL OF THE EXEMPTIONS FROM THE DEVELOPMENT STANDARDS 1. The project would be required to contribute a significant amount of money (10% of the project valuation) towards off -site improvements e.g. curb, gutter, sidewalk). In addition, the project is providing significant landscape improvements, including street trees, along the property frontage, thus improving the current area's aesthetics. FINDINGS FOR APPROVAL F .THE CONDITIONAL USE PERMIT .......... .... 1. The proposed use is allowable within the applicable zoning district pursuant to Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because the use is allowable within Development Zone 'IA pursuant to a CUP, and the proposed use meets the required guidelines in the LUG for the sale of alcoholic beverages, as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan, because the commercial use is consistent with the General Plan and Downtown Specific Plan designation of Development Zone IA, which allows for retail uses. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because the existing use of the property is a local market/liquor store, which is practically the Resolution No. 2 — 142 Page Three same as the proposed use; there would be little change in operating characteristics related to alcohol sales other than the use coming into compliance with City Council Policy 707, which regulates alcohol sales. 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because the proposed 2,700 square -foot building can accommodate odate the proposed alcohol sales, without resulting in an increase in demand for parking on the property. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because issuance of the discretionary permit will increase the compliance of the proposed business over the previous business, which did not have a CUP and was only regulated by ABC license requirements, because they can lose the right to sell if all conditions are not met 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act . CE , because the alcohol sales portion of this application is not subject to CEQA, as it is not a considered a project per section 15378. The sale of alcohol would not result in a physical impact. 7. The proposed use is deemed essential and desirable to the public convenience or necessity, because the alcohol sales will contribute to the viability of the convenience store, an allowed use in Development Zone IA. Alcohol sales would also add to the convenience of the consumer, in that customers would be able to purchase alcohol at the same outlet that they are purchasing other products and not needing to visit multiple locations for their needs, thus reducing vehicle trips. 8. Based on findings I through 7 above, public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED ED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit and Downtown Specific Plan Consistency Review authorizes the sale of alcohol for off -site consumption at 110 National City Blvd. Plans Resolution No. 2020 142 Page Four submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2020-05 CUP, DSP dated 3/9/2020. 2. Before this Conditional Use Permit and Downtown Specific Plan Consistency Review shall become effective, the applicant and the property owner shalt both sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging nowledging 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 and Downtown Specific Plan Consistency Review. The applicant shall also submit evidence to the satisfaction of the Planning Division 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 and Downtown Specific Plan Consistency Revi r 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 Director of Community Development prior to recordation. 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 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 any Conditions of Approval. 6. Violation of the ABC license for the business located at this property shall constitute a violation of this Conditional Use Permit. Planning 7. The sale of alcohol shall be permitted only between the hours of 6 a.m. to 12 a.m. daily. 8. 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. 9. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 10. No beer products shall be sold of less than manufacturer's pre -packaged three -pack quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles. Resolution No. 2 142 Page Five 11. No wine or distilled spirits shall be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 12, 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. 13. 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. 14, 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 ups and containers shall be given free of charge. 15. 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, 16.The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit A, Case File No. 2020-05 CUP, DSP, dated 3 2 2 , 17. Permittee shall post signs on the exterior building walls in compliance with Chapter 1.3 . 7 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 by 22 inches in size, with lettering not less 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." 18. containers of alcoholmay not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 19. 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. 2 .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 California Department of Alcoholic Beverage Control upon demand. Resolution No. 2020 —1 2 Page Six 21. II 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 city business license. As part of the RBSS training, the permittee shall make e available a domestic violence training session as provided by the Institute of Public Strategies. 22.A landscape and underground irrigation plan shall be submitted as part of the construction permitting process. All landscaping and irrigation improvements shall be maintained for the life of the project. 23. Plans submitted for construction shall conform to . Land Use Code Sections 1 .42. 40 (screening mechanical equipment and elevator housing), 1.42.0 0 (Commercial and institutional building design standards.), and 18.46 (outdoor Lighting). 24.Security lighting shall be installed on the west elevation of the building along the alley. The lighting shall be shielded so as not to shine directly towards adjacent residential properties. 25. Plans submitted for construction permits shall show that a non-combustible cover for all trash enclosures be provided. Trash enclosure gates shall riot open into the City right-of-way i.e. alley). 2 . All proposed business signage shall be in conformance with Land Use Code requirements. Signs are limited to one sign per frontage along a street, freeway, parking lot, or alley. 27. Bicycle parking shall be provided per NCMC 1 .4 .120 (Bicycle Parking). 2 , As part of the commitment to incorporate a public art component in the design of the -ertir bNldi-the-....pliant shall work with the 'city and with A Reason To Survive (A.R.TrS1) to design and install said public art as part of the overall project. installation of the public art component shall be in place prior to operation of the. business unless a paid contract with A.R.T.S. has been executed, in which case operation may ensue prior to installation. The public art shall remain for the life of the project, although the design may change from time to time with agreement from the City. Engineering 29.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. Resolution No. 2020 -r 142 Page Seven 30.The Storm Water BMP Requirements Applicability Form I-1 and if required 1-2 checklist for the National Pollutant Discharge Elimination System (NPDES) 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 Division web site at the link below . If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" ents" and the City of National City Storm Water Best Management 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. http: www nation I ity a.gov ity-government engineering-publi - works/engineering-d iviion/online-services-forms-fees. 31. All existing and proposed curb inlet on property shall be provided with a "No Dumping, signage in accordance with the NPDES ES program. 32.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 of 6-inch size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 33.Separate street and sewer plans prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 34.The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced. Those portions of the alley and sidewalk adjacent to the property as marked in the field. 35. The existing street improvements along the property frontage(s) shall be kept free from weed growth by the use of special weed killers, or other approved methods. 3 . All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Engineering Department as soon as filed. 37.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. Resolution No. 2020_ 142 Page Eight 38. Street improvements shall be in accordance with the City Standards. All missing street improvements shall be constructed. Abandoned driveway aprons shall be replaced with curb, gutter, and sidewalks. 39.A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 40. existing sewer lateral is not of the minimum size required by the City. The building shall have a new six inch lateral installed to the street main. Fire 41. Project shall be designed to the current editions of NFPA, CFC and CCR. Building 42. Plans submitted for demolition or construction improvements must comply with the current editions of the California Building, Electrical., Plumbin,, Mechanical, and Fire Codes. BE IT FURTHER RESOLVED that this Resolution shall become effective, final, and conclusive on the day following the City Council meeting where this 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. PASSED and ADOPTED this 4th day of August, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla'City Clerk APPROVED AS TO FORM: A ail _ }Jones, City erney Passed and adopted by the Council of theCity of National City, California, on August 4, 2017 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California :,I k of the City of N� By Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2020-142 of the City of National City, California, passed and adopted by the Council of said City on August 4, 2020. City Clerk of the City of National City, California By° Deputy City tonal City, California