HomeMy WebLinkAboutPlanning Commission Staff ReportCITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950
PLANNING COMMISSION STAFF REPORT
Title:
Case File No.:
Location:
Assessor's Parcel No.:
Staff report by:
Applicant/Property owner:
Combined General Plan/
Zoning designation:
Parcel size:
Adjacent land use/zoning:
North:
East:
South:
West:
Environmental review:
Item no. 4
October 17, 2011
PUBLIC HEARING — CONDITIONAL USE PERMIT
FOR THE CONSTRUCTION OF A FOOD MART
WITH ACCESSORY BEER AND WINE SALES AT
AN EXISTING GAS STATION AT 1601 EAST 8TH
STREET.
2011-03 CUP
Shell Service Station at the northeast corner of 8t" and
Palm.
557-112-10
Assistant Planner Martin Reeder, AICP
Vintners Dist., Inc.
Major Mixed -Use Corridor (MXC-2)
0.53 Acres
Single -Family Residences / Multi -Unit Residential
(RM-1)
Power Tires / Major Mixed -Use Corridor (MXC-2)
Carnival Market across 8t" Street / Major Mixed -Use
Corridor (MXC-2)
Commercial across Palm Avenue / Major Mixed -Use
Corridor (MXC-2)
Exempt pursuant to CEQA Section 15332 (In -fill
development projects)
BACKGROUND
Site characteristics
The subject property is located on the northeast corner of East 8th Street and Palm
Avenue in the Major Mixed -Use Corridor (MXC-2) zone. The 23,087 square -foot parcel
has 150 feet of frontage on 8th Street and 160 feet on Palm Avenue. There are four
entrances to the property, two each from both 8th and Palm. The lot is developed with a
Shell gas station, which includes a small cashier kiosk, a car wash and an office. The
station currently operates 24 hours a day.
Proposed use
The applicant is proposing to renovate the gas station property, including the addition
of a 1,030 square -foot food mart/convenience store, which would replace the existing
kiosk. The alcohol would be stored in coolers located along the back wall of the
convenience store. The coolers make up about 8% of the overall sales area. The
applicant originally asked for alcohol sales hours of 6 a.m. and 1 a.m. seven days a
week, but changed the hours to 8 a.m. and 12 a.m. at the request of the Institute of
Public Strategies. Improvements are also proposed for the other structures on site,
including an upgrade of the carwash facade and canopy columns to match the color
scheme of new convenience store. Other improvements include upgraded landscaping,
a new trash enclosure and perimeter fencing. At the suggestion of staff, the applicant is
also proposing to remove one of the driveways on 8th Street (the one closest to Palm
Avenue) and add four parking spaces.
History
This project was approved by Planning Commission in 2008, but the approval has since
expired. The current application is identical to the previous project (2008-11 CUP).
Analysis
The current owner has been operating the Shell station at this location since February
1987 and desires to modernize the facility by adding a convenience store, offering a
wider array of products to their customers, including beer and wine. The applicant
proposes to continue operating 24 hours a day, seven days a week. Alcohol sales
would be restricted to between 8 a.m. and 12 a.m. seven days a week. This will
necessitate a control system to ensure no alcohol is sold after the prescribed sales
hours. The applicant has stated that the doors would be locked at midnight and that no
more alcohol would be sold. This is addressed on Condition number 14.
Both the addition of the convenience store and the sale of beer and wine require a
Conditional Use Permit (CUP). A gas station may have a sales display area with up to
216 cubic feet of non -automotive product; however, Chapter 18.30.190 of the Land Use
Code allows for a greater sales area of such products with an approved CUP. Likewise,
Chapter 18.30.050 allows for off -sale beer and wine sales with an approved CUP.
Design/Landscaping
The new convenience store would be connected to the existing car wash located on the
east side of the property. Facade improvements to the car wash will be continuous with
the new convenience store facade, giving the two buildings the appearance of one. The
architectural design utilizes multiple building materials, including different colored
plaster finishes, block, and pop -out trim, providing architectural variation. The front
elevation would have large glass windows providing for ample natural light in the new
store. A central entry facade is provided that would include an identification sign for the
store The gas pump canopy columns are proposed to have the same color scheme as
the convenience store, as is the car wash. The canopy itself will remain yellow, per the
branding requirements of Shell Oil. No information has been provided regarding rooftop
mechanical equipment, which is required to be screened by the Land Use Code. A
Condition of Approval has been added to ensure compliance with mechanical
equipment screening requirements at the building permit stage.
As previously mentioned, the project also includes upgraded landscaping and
perimeter fencing. Landscape plans show street trees, shrubs and ground cover. The
proposed landscaping would improve the appearance of the property resulting in
improved water conservation, since the existing landscaping is primarily turf. New vinyl
fencing is proposed along the north and east property lines, replacing deteriorating
fencing along the rear of the property. A Condition of Approval has been added to show
fencing details on building plans. Conditions also require a new trash enclosure door
and cover, removal of a payphone enclosure (with no payphone), and screening of the
vapor recovery system located on the embankment on the east side of the property.
Parking
There is no specific parking requirement for a gas station; however, retail use requires
one space for each 250 square feet. In this case, that would be approximately four
spaces, which would be provided. In order to accommodate these spaces, one of the
four driveways would be removed. The westernmost driveway on 8th Street, closest to
the intersection, would be closed to provide three of the four parking spaces, including
one handicapped -accessible space. The accessible space would be the nearest space
to the convenience store and would also have an accessible path of travel between the
space and the store. A Conditional of Approval has been included requiring compliance
with all handicapped accessibility standards (Condition No. 7(.
Traffic
Trip generation rates provided by the San Diego Association of Governments
(SANDAG) for this type of facility (gas station with convenience store and carwash), are
based on the number of fuel spaces (155 Average Daily Trips per pump). Since no new
gas pumps are being added, no significant increase in the number of daily trips is
expected. Combined with the fact that the most store customers would also be
purchasing fuel, the addition of the convenience store is not anticipated to have a
significant effect on traffic in the area.
Public Input
Pursuant to Section 18.30.050 (C) of the land Use Code, a community meeting was
held Monday September 12, 2011 at 5:00 p.m. at the Pizza Hut on Sweetwater Road.
The applicant certified that all property owners and tenants within 660 feet of the
property were notified by mail of the meeting. A sign -in sheet and meeting minutes
have been provided (attached). According to the applicant, no interested parties
attended.
Alcoholic Beverage Control
Per State Alcoholic Beverage Control (ABC) there are currently no off -sale licenses in
this census tract (119.01) where a maximum of two (2) are recommended, although
there is one on -sale location in the same census tract - Alotta's Cocktail Lounge at 419
Palm Avenue. The nearest off -sale licensed facilities are 7-11, at 8th and Highland, and
Big Lots at 1420 Plaza Blvd., both of which are approximately a half mile away. Census
tract 119.01 encompasses the area from 4th to 8th Streets, from Palm Avenue to Euclid
Avenue, and the small area between Palm Avenue, 1-805, Division and 4th Streets (36
square blocks). ABC does not consider this census tract to be over -saturated with
regard to alcohol sales outlets.
There are some single-family residences in the nearby area — across Palm Avenue and
on East 7th Street, behind the gas station — however, all these residences are uphill and
away form the gas station. Combined with the existing commercial nature of the subject
and surrounding properties, and of it's proximity to an arterial street (East 8th Street), it
is unlikely that the addition of the convenience store would have a significant effect on
the neighboring residential properties.
Sales Area
As previously mentioned, the applicant is proposing to utilize approximately 8% of their
sales area for the display of alcoholic beverages. With 650 square feet of sales area,
this would be a maximum of approximately 53 square feet. This number is based on the
size of the coolers shown on plans; no other sales area is proposed. A Condition of
Approval has been included limiting the sales area accordingly.
City Department comments
As of the writing of this report, no comments were received from the Police Department.
Crime statistics indicate that the reporting area (Beat 21) had a 2009 crime rate of
109.7%, below the 120% considered to be a high crime area.
The Fire Department provided comments based on Fire Code requirements. These
requirements have been included as Conditions of Approval.
Institute for Public Strategies comments
Comments were received from the Institute for Public Strategies (IPS).
Recommendations were provided addressing the following:
• 8 a.m. to 12 a.m. alcohol sales hours (condition no. 16)
• Alcohol sales training (condition no. 17)
• No sales of beer or malt beverages in 22, 32, 40-oz or similar size containers
(condition no. 18)
• No alcohol products sold in less than six pack quantities
• No excessive alcohol advertising targeting youth or holidays (condition no. 15)
Four of these items have been included as conditions, as noted above. No change has
been made regarding 3-packs. City Council recently adopted a policy that establishes
standards for alcohol CUPs. As part of this policy, specific Conditions of Approval are
required of all new CUPs. These conditions are included with this staff report as
numbers 16 through 29. The policy is written such that only the City Council may waive
or modify these conditions. Condition no. 19 allows no less than three -pack quantities
of beer, something IPS is requesting to have removed or modified to allow no less than
six packs of beer. Although only Council can waive or modify this condition, Planning
Commission can, if they see fit, make a recommendation that Council modify the
condition.
Summary
The overhaul of this property will have a positive impact on the business climate in the
area. The upgrade of the business is consistent with General Plan policies emphasizing the
rehabilitation and improvement of older buildings and businesses. The addition of alcohol
sales would add to the viability of the business and, more importantly, be conditioned in
such a way as to ensure responsible sales practices. In contrast to other non -conforming
businesses in the area, this project will be subject to the most recent Conditions of
Approval.
RECOMMENDATION
Approve 2011-03 CUP subject to the conditions listed below, based on attached findings.
ATTACHMENTS
1. Recommended Findings for Approval/Denial
2. Recommended Conditions
3. Location Map
4. Census Tract Map and Police Beat Map
5. Institute for Public Strategies comments
6. Community meeting advertisement and minutes
7. Public Hearing Notice (Sent to 443 property owners)
8. Notice of Exemption
9. Site Photos
10. Applicant's Plans (Exhibit A, Case File No. 2011-03 CUP, dated 1/26/2011)
MARTIN REEDER MARYAM B
Assistant Planner
Development Services Director
RECOMMENDED FINDINGS FOR APPROVAL
1 That the site for the proposed use is adequate in size and shape, since the addition
of a 1,030 square -foot convenience store is at an existing developed service station
site that would continue to maintain adequate parking and circulation areas and that
the sales area for beer and wine will be no more than 8 percent, or 53 square feet,
of the available sales area of the proposed convenience store.
2. That the site has sufficient access to streets and highways that are adequate in
width and pavement type to carry the volume and type of traffic generated by the
proposed use, since the addition of a convenience store with accessory alcohol
sales is not expected to result in an appreciable increase in traffic.
3. That the proposed use will not have an adverse effect upon adjacent or abutting
properties, since the gas station is located in a developed commercial area, easily
accessed by an adjacent arterial street. Also, conditions of approval controlling the
sale of beer and wine will reduce any potential for adverse effects.
4. That the proposed use is deemed essential and desirable to the public convenience
and welfare, since it will contribute to the viability of the service station, an
established and allowed use in the applicable mixed -use zone.
5. That public convenience and necessity may be served by the proposed use of
the property for the retail sales of alcoholic beverages pursuant to law.
RECOMMENDED FINDING FOR DENIAL
1. That public convenience and necessity is not served by the proposed use of the
property for the retail sales of alcoholic beverages pursuant to law.
RECOMMENDED CONDITIONS OF APPROVAL
General
1. This Conditional Use Permit authorizes the construction of a 1,030 square -foot
convenience store and for the sale of beer and wine for off -site consumption at the Shell
Service Station at 1601 East 8th 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. 2011-03 CUP, dated 1/26/2011.
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.
Fire
8. Plans submitted for construction shall comply with the 2010 edition of the California
Fire Code and the 2010 edition of NFPA. All plans shall be directly submitted to the
National City Fire Department through permit and payment.
9. Per NFPA 13 Chapter 7 Section 7.3.2.4 Supervision, sprinkler piping and fire
detection devices shall be automatically supervised where more than 20 sprinklers
are on the system. A fire alarm system required.
Planning
10. A detailed landscape and underground irrigation plan, including plant species, methods
of planting, etc. shall be submitted for review and approval by the Planning Division
prior to issuance of a building permit. The landscape plan shall reflect the use of
drought tolerant planting and water conserving irrigation devices. Landscape and
irrigation plans shall be consistent with Chapter 18.44 — Landscaping of the Land Use
Code.
11. Building plans shall show details for hardscape on site, including parking lot striping;
details for proposed vinyl fencing; removal of the existing payphone enclosure and
screening for the vapor recovery system located on the east side of the lot.
12. A new door and cover shall be provided for the existing trash enclosure. The finish of
the trash enclosure shall be painted to match other buildings on site.
13. Any proposed rooftop mechanical equipment shall be screened in compliance with
the Land Use Code Section 18.42.04 and corresponding Design Guidelines.
14. Locks shall be installed on all cooler doors and publicly accessible storage areas
where alcohol is displayed for sale. All such areas shall be kept locked excepting
during approved alcohol sales hours.
15. Advertising or sales practices that target youth or offer special holiday promotions
shall be prohibited.
16. The sale of alcoholic beverages shall be limited to between the hours of 8:00 a.m. and
12:00 a.m. seven days a week.
17. 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.
18. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40
ounce, or similar size containers is prohibited.
19. No beer products shall be sold of Tess than manufacturer's pre -packaged three -pack
quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles.
20. No sale of wine 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. The display of alcoholic beverages shall be limited to an area in substantial
conformance with the walk-in cooler as shown on Exhibit A, Case File No. 2011-03
CUP, dated 1/26/2011.
26. 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 app icant'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."
27. Containers of alcohol may not be stored on the premises, after being sold to
patrons, for the purpose of later consumption.
28. 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.
29. 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.
Police
30. 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.
City of National City
CENSUS TRACTS
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Beat 21
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National City Car Wash Remodel and Convenience Store Addition
1601 East 8th St. & Palm Ave.
Environmental Scan
.Case File No. 2011-03
February 25, 2011
Submitted by: Institute for Public Strategies- Debbie Ramos
The proposed location of the Food Mart is at the Shell gas station located at Palm Ave
and 8th Street in National City. The census tract is 119.01 which allows for 2 off sale
alcohol licenses; currently there are none.
In 2010, there were 5 DUI arrests and 2 Drunk in Public arrests made in the 1600-1900
blocks of 8th Street.
There are many small businesses located nearby, including liquor stores, convenience
stores and a Carnival Supermarket that already sells alcoholic beverages.
An additional liquor license in the city has the potential to increase crime, reduce resident
quality of life and increase the incidence of alcohol related accidents.
If the CUP is granted, it is recommended that:
The sale of alcoholic beverages is limited to the hours of 8:00- 12:00;
That all persons selling alcoholic beverages shall receive Responsible Beverage sales and
Service training;
The sale of beer or malt beverages in quantities of quarts, 22, 32, 40 ounce or similar
sized containers be prohibited;
No beer or malt beverage products shall be sold in quantities of less than a six-pack.
No excessive alcohol advertising that targets youth or holidays.
+WHAT:
WHEN:
WHERE:
COMMUNITY MEETING
September 12, 2011 (Monday)
5:00pm
PIZZA HUT
1838 Sweetwater Rd.
National City, CA
National City Shell located at 1601 E. Eight Street (corner of
Eight and Palm) is submitting plans to add a Food Mart to an
existing gas station with carwash. The plans were approved by
the community but now we also wish to have a beer and wine
license. As a member of the community your thoughts about
this matter is very much welcomed.
September 12, 2011
Raman Goyal
41805 Albrae Street, second floor
Fremont, CA 94538
Subject: Case File No. 2011-03 CUP — 1601 East 8t1i Street, National City, CA 91950
To:
National City- Development Services Department
Regarding the case number listed above, we had a community meeting on September 12,
2011 in Pizza Hut. All the letters were mailed according to the mailing list that we provided to
the city, but unfortunately nobody from the community showed up. From National City Shell, I,
Raman Goyal, Ankush Tayal and our architect, Mr. Geoffrey A. Bonney were present at the
meeting. We waited for over one hour and still had nobody show up. However, few of our gas
station customers have asked us why we are holding this meeting again when we were already
approved by the neighborhood.
So in this matter, since National City Shell has done everything according to the city
requirements, we would like to ask the city to proceed with the approval process of the project in
a timely manner.
Please feel free to send any questions or concerns to Raman Goyal at (951)850-5378.
Thank You,
RO1A-,a1
Raman Goyal
CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950
NOTICE OF PUBLIC HEARING
CONDITIONAL USE PERMIT FOR THE CONSTRUCTION
OF A FOOD MART WITH ACCESSORY
BEER AND WINE SALES AT 1601 E. 8TH ST.
CASE FILE NO.: 2011-03 CUP
APN: 557-112-10
The National City Planning Commission will hold a public hearing after the hour of 6 p.m.
Monday, October 17, 2011, in the City Council Chambers, Civic Center, 1243 National City
Blvd., National City, California, on the proposed request. (Applicant: Vintners Distribution, Inc.)
The applicant is proposing to construct a 1,030 square -foot convenience store adjacent to an
existing car wash. As part of the store operation, the applicant is requesting to sell beer and
wine between the hours of 6 a.m. and 1 a.m. seven days a week.
Information is available for review at the City's Planning Division, Civic Center. Members of the
public are invited to comment. Written comments should be received by the Planning Division
on or before 12:00 p.m., October 17, 2011, who can be contacted at 619-336-4310 or
planningnationalcityca.gov
If you challenge the nature of the proposed action in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice, or in
written correspondence delivered to the Planning Commission at, or prior to, the public hearing.
NATIONAL CITY PLANNING DIVISION
MARYAM BABAKI
Development Services Director
NOTICE OF EXEMPTION
TO: County Clerk
County of San Diego
P.O. Box 1750
1600 Pacific Highway, Room 260
San Diego, CA 92112
Project Title: 2011-03 CUP
Project Location: 1601 East 8th Street, National City, CA 91950
Contact Person: Martin Reeder Telephone Number: (619) 336-4313
Description of Nature, Purpose and Beneficiaries of Project:
Conditional Use Permit for a new 1,030 square -foot. Mini -mart, with beer and wine sales
for off -site consumption, at an existing gas station. .
Applicant:
Vintners Dist., Inc.
41805 Albrae Street, 2nd Floor
Fremont, CA 94538
Exempt Status:
II
Telephone Number:
(510) 270-3410
Statutory Exemption. (State type and Section No., if applicable)
Categorical Exemption. Class 1 Section 15332 (In -fill development projects)
Not a project as defined in Section 15332 of CEQA
Not subject to CEQA (Sec. 15061b3)
Reasons why project is exempt:
The proposal to expand an existing gas station by 1,030 square feet will not have a
negative effect on the environment, since the gas station is not located in or near an
environmentally sensitive area, and since it is located in a fully urbanized area with all
infrastructure in place for full build out of the General Plan.
Date:
MARTIN REEDER, AICP
Assistant Planner
2011-03 CUP Food -Mart Construction — Shell Service Station — Site Photos
Existing Service Station Looking Northeast
Existing Carwash Looking Southeast
Proposed Food Mart Location Looking West
Driveway to be Removed