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HomeMy WebLinkAbout2026-48 - Certifying the Negative Declaration and Approving a Conditional Use Permit (CUP) and Coastal Development Permit (CDP) for Liquified Petroleum Gas (Propane) Storage and Dispensing Equipment to be Located at 2100 Haffley Avenue RESOLUTION NO. 2026 - 48 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION AND APPROVING A CONDITIONAL USE PERMIT (CUP) AND COASTAL DEVELOPMENT PERMIT (CDP) FOR LIQUIFIED PETROLEUM GAS (PROPANE) STORAGE AND DISPENSING TO BE LOCATED AT 2100 HAFFLEY AVENUE. WHEREAS, the City Council of the City of National City considered a Conditional Use Permit and Coastal Development Permit for liquified petroleum gas (propane) storage and dispensing at an existing business (WestAir) located at 2100 Haffley Avenue (APN: 559-040-08- 01) at a duly advertised public hearing held on May 5, 2026, 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. 2025-26 CUP CDP IS maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and WHEREAS, the Planning Commission of the City of National City considered the CUP and CDP application at a duly advertised public hearing held on March 16, 2026, at which time the Commission recommended approval of the CUP and CDP; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law. NOW, THEREFORE, THE CITY COUNCIL OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: That the City Council hereby determines that the evidence presented supports the following findings: 1. The proposed project has been reviewed in compliance with CEQA for which a Negative Declaration (ND) has been prepared. The ND determined that the proposed project could not have a significant effect on the environment. 2. That the site for the proposed use is adequate in size and shape, because the project site is an existing developed industrial property meeting minimum lot size requirements for the Medium Manufacturing (MM) zone. The proposed propane tank will meet all required setbacks including separation from existing structures and property lines. There is an existing appropriately-size paved area to allow for the ingress and egress of trucks. 3. 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 project location is on the west side of the City where adequate truck routes exist along Bay Marina Drive, Civic Center Drive, and Tidelands Avenue. Interstate 5 is directly accessible from these streets. In addition, the site has access from West 19th Street for ingress and egress of truck traffic. The addition of the propane tank will only result in one additional truck trip every other week to fill the tank. 4. That the proposed use will not have an adverse effect upon adjacent or abutting properties, because the proposed project is an industrial 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 facility. Adjacent and abutting properties are occupied by similar industrial and manufacturing uses. As a condition of approval, the project is required to adhere to truck routes and maintain a screening fence. The project is also required to conform to all development standards and design guidelines of the MM zone. 5. That the proposed use is deemed essential and desirable to the public convenience or welfare, because the project facilitates the storage of propane, a cleaner-burning fuel than conventional gasoline or diesel, expanding alternative fuel options. The use is consistent with the MM zone description, which is intended for uses in areas in which activities involve some degree of noise, vibration, air pollution, radiation, glare phenomena, and/or fire and explosive hazards. 6. The granting of said Coastal Development Permit will be consistent with all other plans and ordinances of the City of National City: The proposed use is permitted, subject to a CUP, by the Land Use Code, which is consistent with the General Plan. As discussed in the staff report, the project is consistent with policies in the Land Use Element and Safety Element of the General Plan. 7. That the granting of said Coastal Development Permit will be consistent with and implements the Certified Local Coastal Program: The project is located in an area generally exempt from a Coastal Development Permit; involves a gas storage and distribution use, which is conditionally allowed in the MM zone; and will not prohibit coastal access or obstruct views. 8. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA); The City conducted an Environmental Initial Study that determined the proposed project would not have a potentially significant environmental impact and qualifies for a Negative Declaration per Section 15071 of the CEQA Guidelines. Section 2: That the City Council herby certifies the Negative Declaration for liquified petroleum gas (propane) storage and dispensing at an existing business (WestAir) located at 2100 Haffley Avenue. Section 3: That the City Council hereby approves the Conditional Use Permit and Coastal Development subject to the following conditions: General 1. This Conditional Use Permit and Coastal Development Permit authorizes the installation and operation of a 30,000-gallon above ground propane tank with associated dispensing equipment for a business (WestAir) located at 2100 Haffley Avenue. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2025-26 CUP CDP IS, dated 12/11/2025. 2. Before this Conditional Use Permit and Coastal Development 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 and Coastal Development Permit. The applicant or owner 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 or owner 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 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 or applicable law. 6. 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 San Diego County Clerk and submitted to the National City Planning Department. Building 7. The proposal will require a plan check submittal with professionally prepared construction drawings complying with the current adopted California Building Codes (CBC) at time of submittal (currently 2022 CBC, as of January 1, 2026 it will be the 2025 CBC). 8. An independent technical report showing compliance with NFPA 2 standards will be required and most of the items included in the report will need to be shown on the plans. 9. In regards to the foundation design, the Engineer of Record will need to address the potential removal of known contaminated soils at this specific site. A soils report showing soils conditions and allowable soils bearing pressures will be required and must coordinate with the Structural Engineer's design. 10. Plans shall identify the distance between the existing vapor recovery equipment and the proposed propane tank and dispensing equipment to ensure there is sufficient space to avoid any spark/ignition sources. 11. A Lighting Plan and Electrical Plans shall be submitted to the Building Division. 12. The site dispensing area and devices must meet accessibility requirements. Fire 13. The site shall provide multiple all-weather, unobstructed access and egress routes that comply with California Fire Code Chapter 5 and Appendix D. 14. Roadways must support fire apparatus (minimum 75,000 lbs. GVW) and maintain a minimum 20-foot width with 13'6" vertical clearance. 15. Entrance/exit gates shall be equipped with a Knox Box and Emergency Strobes. 16. A Knox Key Switch shall be installed with the strobe and placed at the front of the property. Contact the National City Fire Department for the exact field location. 17. All fire department access roads shall be at least 20 feet wide and 14 feet high, with an all-weather surface supporting 75,000 pounds. 18. Where a fire hydrant is located on a fire apparatus road, the minimum width shall be 26 feet. 19. Aerial fire apparatus roads shall have a minimum width of 26 feet in the vicinity of buildings or hazardous storage. 20. A minimum turning radius of 28 feet is required for access. 21. The road grade shall not exceed 15%, per the Fire Code Official's standards. 22. Fire access roads must be painted and signed to prevent parking and obstruction. 23. The full width of access roads must remain unobstructed, including no vehicle parking. 24. Approved firefighting access shall be provided to construction and demolition sites. 25. Access must reach within 100 feet of all fire department connections. 26. Temporary or permanent roads must support apparatus under all weather conditions. 27. Specific requirements override general ones. The most restrictive code requirement shall apply where there are discrepancies. 28. Emergency routes shall be marked, well-lit, and obstruction-free. 29. Aerial apparatus access shall be provided where required. 30. Hydrants must be strategically located and meet CFC Appendix B & C flow requirements. 31. Hydrants shall be spaced no more than 300 feet apart. 32. Hydrants shall be within 400 feet of all roadway-accessible locations, measured from the nearest existing hydrant. 33. An approved underground water system shall support hydrants and sprinklers per NFPA 24 and local standards. 34. Where applicable, private mains shall meet all access and testing requirements. 35. All buildings shall be fully sprinklered per NFPA 13. 36. The system shall match building occupancy and hazard classification. 37. A monitored alarm system per NFPA 72 shall include required smoke and heat detection. 38. Continuous detection systems must be installed in all areas with fuel storage, transfer, or dispensing. 39. Systems must activate visual/audible alarms and automatic shutdowns per NFPA and CFC. 40. Clearly marked, accessible emergency fuel shut-off valves must be installed throughout the site. 41. Propane storage limits shall comply with CFC Chapter 60 and hazardous materials regulations. 42. The project shall follow all zoning rules, utility plans, and emergency access standards. 43. The facility must remain compliant with updated codes. 44. Periodic reviews and inspections are required. 45. Joint pre-incident walkthroughs with the Fire Department are required prior to occupancy and annually. 46. The facility must support Fire Department training, including full-scale hazardous materials scenarios. 47. The developer shall provide specialized equipment as needed for propane incidents, including: a. Fire-resistant hydrogen handling suits b. Gas detection and monitoring devices c. Specialized nozzles or tools d. Any additional equipment as needed 48. Training must be delivered on any unique firefighting tools or equipment before operation and on a regular basis. 49. A comprehensive Emergency Disaster Response Plan must be submitted, covering: a. Incident command b. Notification procedures c. Evacuation and emergency system activation 50. The facility must include a Cost Recovery Plan to reimburse the Fire Department for emergency responses. This includes: a. Personnel time (including overtime) b. Apparatus and equipment use c. Replacement of damaged/contaminated gear d. Administrative costs e. This plan must be submitted and approved before operation begins. 51. Strict compliance with fire, building, and environmental codes is required. 52. Developers must submit detailed plans showing: a. Fire access routes b. Hydrant locations c. Water supply systems d. Gas detection and fire protection infrastructure 53. Ongoing coordination with the Fire Department is essential, including: a. Pre-incident planning b. Annual inspections c. Emergency drills 54. A cost recovery plan must be integrated into the facility's emergency response planning. 55. Supporting documents are considered mandatory for compliance and must be incorporated into all project phases. 56. The project shall; a. Review and adhere to all attached documents b. Submit updated plans demonstrating full compliance c. Engage in scheduled meetings with Fire Department officials d. Support training, equipment procurement, and cost recovery efforts Planning 57. The facility shall at all times be operated in conformance with all San Diego Air Pollution Control District (SDAPCD) rules and regulations pertaining to the proposed use including, but not limited to, nuisance odors and emissions standards. 58. All required federal, state, or local permits for the installation and operation of the facility shall be approved prior to start of operations. Permits shall be maintained for the life of the project. Failure to maintain proper operating permits shall constitute a violation of this CUP and CDP. 59. The dispensing of liquified petroleum gas shall be conducted by a fully competent and qualified person, who understands the properties of propane and who is thoroughly trained in safe practices for handling, distribution, and operation. 60. All development plans submitted for the construction of the proposed facility shall adhere to the design regulations of Section 18.18.180 of the previous Land Use Code (Ord. 1503 § 1 (part), 1976: NCLUC § 972-6 (part)). 61. Plans submitted for construction shall conform to Chapter 18.60 — Outdoor Lighting of the previous Land Use Code (Ord. 1503 § I (part), 1976: NCLUC § 975-10). 62. Plans submitted for construction shall conform to Chapter 18.86 - Mechanical Equipment of the previous Land Use Code (Ord. 1503 § 1 (part), 1976: NCLUC § 976-1 (part)). 63. The applicant shall comply with all applicable standards required by outside agencies and service providers. San Diego Gas and Electric and Sweetwater Authority shall be consulted during submittal of development permits. 64. The applicant shall maintain a six-foot high screening fence. Broken or missing fence slats shall be replaced as needed. 65. All activities shall comply with the noise limits contained in Title 12 of the National City Municipal Code. 66. Signage shall be added to the exit from the fuel dispensing area indicating a right turn only for trucks in order to direct them to the nearest truck route on Bay Marina Drive. 67. All interested Tribes shall be informed as the project progresses and shall receive project updates, reports of investigation, and/or any documentation that may be generated regarding previously recorded or newly discovered sites. Archaeological and Tribal Cultural monitoring on all ground disturbance activities is required. If the project boundaries are modified to extend beyond the currently proposed limits, the tribes shall be updated and given the opportunity to respond to changes. 68. The operator of the business shall maintain an active business license and ensure that the business license is renewed annually. Indemnification Agreement The Applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City will promptly notify the Applicant of any claim, action, or proceeding. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, the Applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and Applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the Applicant shall not be required to pay or perform any settlement unless such settlement is approved by the Applicant. Section 4: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED and ADOPTED this 5' day o .y, 2026. on Morrison, Mayor ATTEST: /79 <1 to,Shelley OhOpel, MMC, City Clerk APPROVED AS TO FORM: 61,& Heidi Skinner, Interim City Attorney Passed and adopted by the City Council of the City of National City, California, on May 5, 2026 by the following roll-call vote, to-wit: Ayes: Bush, Yamane, Molina, Morrison Nays: Rodriguez Absent: None. Abstain: None. AUTHENTICATED BY: Ron Morrison Mayor of the City of National City, California Shelley Chapel� ,.� City Clerk of the City of National City, California Ca 1Q#Imb ( -/(A-(2-‘29`A'—' BY: qt.CAL1F Shelley h pel, MMC, City Clerk