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HomeMy WebLinkAboutRecommended ConditionsRECOMMENDED 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 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. 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 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." 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.