HomeMy WebLinkAboutRecommended ConditionsRECOMMENDED CONDITIONS OF APPROVAL
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 the Valero 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 4/7/2011.
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.
6. Before this Conditional Use Permit shall become effective, the applicant and the
property owner both shall 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 Attorney 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.
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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 Director
prior at 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 door and cover. The finish of the trash enclosure shall be painted
to match the mini -mart building on site.
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. Permittee 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
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."
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 and 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.
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 shall 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
city business license.
Police
27. Permittee shall comply with all regulatory provisions of the Business and Professions
Code that pertain to the sale, display and marketing or merchandising of alcoholic
beverages.
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