HomeMy WebLinkAboutPC Reso 2018-18 CUP for 724 Civic Center Dr.RESOLUTION NO. 2018-18
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT
FOR A GAS STATION, CONVENIENCE STORE WITH
OFF-SALE BEER AND WINE, AND BIKE SHOP
TO BE LOCATED AT 724 CIVIC CENTER DRIVE IN THE COASTAL ZONE.
APPLICANT: STOSH PODESWIK.
CASE FILE NO. 2018-19 CUP, CDP
APN: 559-024-06
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit and Coastal Development Permit for a gas station, convenience
store with off-sale beer and wine, and bike shop to be located at 724 Civic Center Drive
in the Coastal Zone at a duly advertised public hearing held on November 5, 2018, at
which time oral and documentary evidence was presented; and,
WHEREAS, at said public hearings the Planning Commission considered the
staff report contained in Case File No. 2018-19 CUP, CDP maintained by the City and
incorporated herein by reference along with evidence and testimony at said hea ring;
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 we lfare .
NOW , THEREFORE , BE IT RESOLVED by the Planning Commission of the City
of National City, California , that the testimony and evidence presented to the Planning
Commission at the public hearing held on November 5, 2018, support the following
findings:
1. That the site for the proposed use is adequate in size and shape, because the
25,466 square-foot property is in excess of the 15 ,000 square feet required by
Section 18.98 of the Municipal 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 adeq ua te 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 (922 ADT after pass by trips are
subtracted) that would be generated by the project. The TIA submitted with this
application has shown that the existing street network can function at an LOS of D
or better without the need for mitigation.
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 public
convenience or welfare, because the project will provide a service in need for local
and regional drivers requiring au tomo bile refueling and associated services . The
use is consistent with the MM zone description , which is intended for uses in
areas in which activities in vo lve some degree of noise, vibration, air pollution ,
radiation , glare phenomena , and/or fire and explosive hazards. In addition, the
use will generate sales ta x that will contribute to the City's General Fund
5. That the granting of this Conditional Use Permit is consistent with and
implements the Certified Local Coastal Program , because the project is located
within an area generally exempt from a Coastal Development Permit ; in vo lves a
service use , which is conditionally allowed in the MM-CZ z one; and will not prohibit
coastal access or obstruct views .
6. That the proposed project has been re v iewed i n compliance with the California
En vironmental Quality Act, because it has been determined that the proposed
use qualifies for a categorical exemption from CEQA und er Class 32, Section
15332 (In-Fill De ve lop men t Projects).
7. Th at the proposed us e is deemed essential and desirable to the public
convenience and necessity, be cause beer and wine sa les will contribute to the
viab ility of the gas station convenience store, an allowed use in the MM zone.
Alcohol sales would add to the convenience of the consumer, in th at customers
wou ld be able to purchase alcohol at the same outlet that they are purchasing
other products and not needing to visit multiple locatio ns for their needs, th us
reducing vehicle trips. In addition, the bike shop wi ll provide amenities for cyclists
using the fu ture Bayshore Bikeway.
8. That based on findings 1 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 that the application for Conditional Use Permit and
Coastal Development Permit is approved subject to the following conditions:
General
1. This Conditional Use Permit and Coastal Development Permit authorize a gas station
with a convenience store, including the sale of beer and wine, and a bike shop.
Except as required by conditions of approval, all plans submitted for permits
associated with the project shall conform to Ex hibit A-Revised and B, Case File No.
2018-19 CUP, CDP, dated 10/16/20 18 and 2/27/2018 respectively.
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
Department.
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 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 and Coastal Development
Permit. The applicant shall also submit evidence to the satisfaction of th e City
Manager or designee that a Notice of Restrict io n 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 Coastal Development Permit are binding
on all present or future in terest 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 City
Manager or designee prior to recordation.
Building
5. Plans submitted for demolition or construction improvements must comply with the
2016 editions of the California Building , Electrical, Plumbing, Mechanical, and Fire
Codes.
Engineering
6. A Hydrology study (100 year flood) is required for the new project. The study should
consider the proposed project area to the closest municipal storm drain collection
point. The study should consider the adequacy of the existing storm drain system to
convey any additional run off. All Hydrology study findings and recommendations are
part of Engineering Department requirements .
7. The Priority Project Applicability 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 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) 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.
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.
1 O. The property owner, or its successors and assigns shall be responsible for the
maintenance, repair, or reconstruction of all irrigation and landscaping improvements
installed within the public right-of-way. Sprinkler heads shall be adjusted so as to
prevent overspray upon the public sidewalk or the street. The proposed sprinkler
heads shall be installed behind the sidewalk, and the irrigation mainline upon private
property only, as required by the City . The property owner or, its successors or
assigns, shall be remove and relocate all irri ga tion items from the public right-of-way at
no cost to the City, and within a reasona ble time frame upon a written notification by
the City En gi neer.
11 . Metallic identification tape shall be placed between the bottom layer of the finished
surface and the top of all irrigation lines in the public right-of-way.
12 . A grading and drainage plan shall be submitted showing all of the proposed and
existing on-site and off-site improvements. The plan shall be prepared in accordance
with the City's standard requirements by a Registered Civil Engineer. All necessary
measures for prevention of storm water pollution and hazardous material run-off to the
public storm drain system from the proposed parking lot or development shall be
implemented with the design of the grading. This shall include the provision of such
devices as storm drain interceptors, clarifiers, or filters. Best Management Practices
for the maintenance of the parking lot, including sampling, monitoring, and cleaning of
private catch basins and storm drains, shall be undertaken in accordance with the
National Pollution Discharge Elimination System (NPDES) regulations. A private storm
water treatment maintenance agreement shall be signed and recorded. A check list
for preparation of the grading plan/drainage plan is available at the Engineering
Department.
13. All existing and proposed curb inlet on property shall be provided with a "No Dumping"
signage in accordance with the NPDES program.
14. 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.
15. Separate 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 Cdress the adequacy of the
building pads, the criteria for any new retaining wall design, the max imum allowable
soil bearing pressure and the required pavement structural sections for the proposed
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 along the property
frontages shall be remo ved and replaced. Specifically all sidewalk and curb and
gutter. Sidewalk shall be in accordance with San Diego Regional Standard Drawings
(SDRSD) G-7, G-9, G-10 and G-11 curb and gutter sha ll be 8" and be in accordance
with National City Modified SDRSD G-2.
18. The existing pedestrian ramp(s) at the following locations(s) shall be removed and
replaced with standard ramp complying with the ADA requirements and the SDRSD
G-29 (Type C) located on the southeasterly comer of Civic Center Drive and
Cleveland Avenue.
19. All existing survey monuments, including any benchmark , within the boundaries of the
project shall be shown on the plans. If disturbed, a li censed land surveyor or civi l
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.
20. 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.
21. 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 .
22 . A title report shall be submitted to the Engineering Department, after the Planning
Comm ission approval, for review of all existing easements and the ownership at the
property.
23. NO PARKING zone(s) (red curbing) shall be provided and /or replaced after new curb
has been installed.
24. The existing non-operationa l abandoned pay telephone on Civic Center Drive
adjacent to the westerly 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 actua l worked hours and consultant services.
26. A hydro modification plan or a letter sealed and signed by the Engineer of Work
explaining why the project is exempt from hydromodification requirements shall be
submitted .
27. The owner/de veloper shall submit plans to Cal Trans for their review to ensure that
any conflicts with State Right of Ways and Facilit ies are addressed.
Fire
28. Plans submitted for improvements must comply with the current editions of the
California Fire Code (CFC), National Fire Protection Association (NFPA), and
California Code of Regulations (CCR).
29. Fire apparatus access roads shall comply with the requirements of Section 5 CFC
2013 and shall extend to within 150 feet of all portions of the facility and all portions
of the exterior walls of the building as measured by an approved route around the
exterior of the building. Dead-end fire apparatus access roads in excess of 150 feet
in length shall be provided with an approved area for turning around fire apparatus.
30. The required width of emergency fire apparatus access roads shall not be
obstructed in any manner, including parking of vehicles. All access roads shall be no
less than 20 feet wide, no less than 14 feet high and shall have an all-weather road
with the ability to support 75 thousand pounds or greater. Where a fire hydrant is
located on a fire apparatus road, the minimum road width shall be 26 feet. A 28 foot
turning radius is required for Fire Department access through site. All Fire
Department access roads shall be painted and signed to prevent parking in these
required designated emergency areas
31. Grade of fire apparatus road shall be within the limits established (15% grade) by
the fire code official based on fire department 's apparatus.
32. The vapor recovery unit (Healy Tank) shall comply with Chapter 23 section
2306 . 7.9.1 -2306.7.9 .2.4 of the California Fire Code. Additionally , lot lines and
proximity to surrounding properties where Healy Tanks are proposed, shall meet
CFC, NFPA and all City Department requirements. Please contact the National City
Fire Department on required protective enclosure for vapor tank.
33 . Underground fuel tank removal and replacement will require permit and inspections
from the National City Fire Department.
34. Emergency service access to the trash enclosure shall be maintained at all times for
the life of project.
35. Exit signs shall be provided at all required ex its . 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.
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 accommodation for bicycle access
along the east property line adjacent to the Interstate 5 southbound on-ramp. In lieu
of actual improvements, areas within 20 feet of the curb on the east property line
shall be set aside until such time as the Bayshore Bikeway is constructed . This area
should be landscaped in the interim period.
40.At minimum, one bicycle parking space shall be installed on the property. Additional
spaces to accommodate future bicycle traffic should also be included .
41.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.
42. Business operations shall comply with Municipal Code Title 12 (Noise) at all times.
43 . Plans submitted for construction shall conform to Land Use Code Section 18.42 .040
(Screening mechanical equipment and elevator housing) and 18.46 (Outdoor
Lighting), and 18.98 (Service Stations).
44. Plans submitted for construction permits shall show that a co ve r for all trash
enclosures be provided .
45. The project will be required to obtain an operation permit from the San Diego County
Air Pollution Control Dist rict (APCD), which will be subject to National Emission
Standards for Hazardous Air Pollutants (NESHAP) and Air To x ic Control Measu re s
(ATCM).
46. Violation of APCD licensing/permitting or any other state licensing department shall
be a violation of this Conditional Use Permit and Coas tal Development Permit.
47.Any planned exterior propane tank shall be screened in compliance with Land Use
Code Section 18.42 .040.
48.AII proposed business signage shall be in conformance with Land Use Code
requiremen ts .
49.Alcohol sales shall be limited to the hours of 8:00 a.m. to midnight daily.
50. Coolers containing alcohol products shall be lo cked and made inaccess ible to the
public between the hours of 12:00 a.m. and 8:00 a .m.
51. The sale of beer or malt beverages in quantiti es of quarts, 22-ounce, 32-ounce, 40-
ounce, or simi la r size containers is prohibited.
52. No beer products shall be sold of le ss than manufacturer's pre-pac kage d three-pa ck
quantities of 24 ounce cans per sal e . Th ere shall be no sale of single cans or
bottles.
. J
53. No sale of 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 .
54. Flavored malt beverages, also known as premium malt beverages and flavored ma lt
coolers, and sometimes commonly referred to as wine coolers, may be sold only by
four-pack or other manufacturer's prepackaged multi-unit quantities.
55. 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.
56. 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.
57. Ice may be so ld only at or about prevailing prices in the area and in quantities of not
less than three pounds per sale . Ice sha ll not be provided free of charge.
58. Permittee shall post signs on the exte rior 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 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 al lowed on these premises ."
b. "No loitering is allowed."
59. Containers of distilled spirits may not be stored on the premises, after being sold to
patrons, for the purpose of l ater consumption.
60. Exte rior advertising and signs of all types , promoting or indi cat ing the availability of
alcoho l ic beverages, including advertising/signs directed to the exterior from within,
are prohibited . Interior displays of alcoholic beverages and signs, which are clearly
visib le to the exterior, shall constitute a violation of this condition.
6 1. The quarterly gross sales of a lcoholic beverages shall not exceed the gross sales of
all other co mmodities during the same period . The applicant shall at all times keep
records which reflect separately the gross sales of alcoholic be verages and the
gross sales of all other items . Said records shall be kept no less frequentl y than on a
quarterly basis and shall be made available to the City Finance Department and any
Peace Officer of the California D epartment of Alcoholic Be verage Control upon
demand .
62. 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 Contr'ol (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
available a domestic violence training session as provided by the Institute of Public
Strategies.
Sweetwater Authority
63. The property owner must submit a letter to the Authority from the appropriate fire
agency stating fire flow requirements. Based on this requirement, new water
systems or substantial alteration to the existing water system may be needed.
64. An approved backflow prevention assembly is required for water services serving all
commercial developments. Water facilities shall be designed and installed in
accordance with the current Sweetwater Authority Design Standards and the
Standard Specifications for Construction of Water Facilities.
65. Once a building permit is obtained by the Owner, the Owner shall submit approved
stamped plans from the lead agency where the project is located. The approved
submittal must include a site plan, floor plan, plumbing plan showing total fixture
count, including daily water demands for domestic and irrigation use in gallons per
day, and a fire sprinkler plan (if applicable) so that water facilities can be verified.
BE IT FURTHER RESOLVED that copies of this Resolution be transmitted
forthwith to the applicant and to the City Council.
BE IT Fl NALLY RESOLVED that this Resolution shall become effective and final
on the day following the City Council meeting where the Planning Commission
resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to
5:00 p .m. on the day of that City Council meeting. The City Council may, at that
meeting, appeal the decision of the Planning Commission and set the matter for public
hearing.
CERTIFICATION:
This certifies that the Resolution was adopted by the Planning Commission at their
meeting of November 5, 2018 , by the following vote:
AYES: Quintero , Sendt, Yamane, Gar ccia., F lores, Dela Pa z
NAYS: None ..
ABSENT : Baca
ABSTAIN : None .
...._,,, CHAIRPERSON