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HomeMy WebLinkAboutPC report° ` ON envy rnreorcrowits CITY OF NATIONAL CITY- PLANNING 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 Plant Zoning designation: Adjacent land use/zoning: North: East: South: West: Environmental review: Item no. May 5, 2014 PUBLIC HEARING — CONDITIONAL USE PERMIT FOR A TOBACCO SPECIALTY SHOP LOCATED IN SOUTH BAY PLAZA AT 1430 E. PLAZA BLVD., SUITE E7B. 2014-04 CUP South side of Plaza Blvd and N Ave in Bay Plaza 557-322-14 Martin Reeder Vapure USA, inc. ROIC INC. aviXD-2 (Major Mixed -Use District) Commercial across Plaza Blvd (Plaza Square); MXD-2 Residential/ RS-2 Commercial/ MXD-2 Commercial across N Ave / MXD-2 Not subject to CEQA BACKGROUND Site Characteristics The project location is a commercial suite within the Bay Plaza shopping center located at 1430 E. Plaza Blvd., in the Major Mixed -Use District (MXD- 2) zone. The suite is approximately 1,599 square feet in size and located adjacent to international House of Pancakes. The area is mostly adjacent to other commercial uses including Plaza Village Center to the north across Plaza, and South Bay Plaza Shopping Center to the east across N Avenue. Single-family residential uses are located to the east in the Single -Family Residential (RS-2) zone, atop a large embankment. Proposed Use The applicant is proposing to operate a retail business that primarily sells electronic cigarette products, such as electronic cigarettes, batteries, atomizers, and eLiquid (liquid that is vaporized for purposes of inhalation) and accessories such as lanyards, apparel, stickers, and custom wraps. The retail business would be open from 9 a.m. to 9 p.m. Monday to Friday, and 11 a.m. to 7 p.m. on weekends. Analysis This type of use is considered to be a "Tobacco specialty shop", which means any business the primary use of which is the sale of tobacco products or tobacco related paraphernalia. A business shall be determined a tobacco specialty shop when more than forty percent of its retail floor area is devoted to the display and sales of tobacco products and/or paraphernalia. The U.S. Food and Drug Administration (FDA) classifies electronic cigarettes as "other tobacco products", which also include hookahs, cigars, and pipe tobacco. Staff is of the opinion that stores meeting the above classification that self electronic cigarettes meet the definition of tobacco specialty stores based on the spirit and intent of the Land Use Code. An interpretation of this Code section is included as a separate item on this agenda. The FDA opines that electronic cigarettes may lead young people to try other tobacco products, including conventional cigarettes, which are known to cause disease and lead to premature death. Section 18.24.050 of the National City Land Use Code allows for tobacco specialty shops with an approved Conditional Use Permit (CUP) in the MXC-2 and MXD-2 zones. Tobacco specialty shops are also regulated by Section 18.30.230 of the Code, which requires that they not be located within one thousand feet of any school, playground, recreation renter or facility, childcare center, or library in the City. No such !and uses are within one thousand feet of the subject properly. Conditions of Approval Concerns related to tobacco specialty shops are generally related to potential health effects and secondary impacts to youth, such as sales or advertising to minors. There is also the issue of using electronic cigarettes to consume marijuana or cannabinoid- containing substances (not permitted in the City). The health effects of electronic cigarettes are also of concern to the FDA. The FDA has not evaluated any e-cigarettes for safety or effectiveness. When the FDA conducted limited laboratory studies of certain samples, they found significant quality issues that indicate that quality control processes used to manufacture these products are substandard or non-existent. The FDA found that cartridges labeled as containing no nicotine contained nicotine and that three different electronic cigarette cartridges with the same label emitted a markedly different amount of nicotine with each puff. Experts have also raised concerns that the marketing of products such as e-cigarettes can increase nicotine addiction among young people and may lead minors to try other tobacco products.' These types of conditions are very similar to those required for alcohol sales, which often have the same concerns. According to the U.S. Department of Health & Human Services, alcohol and tobacco are among the top causes of preventable deaths in the United States. Moreover, these substances often are used together: Studies have found that people who smoke are much more likely to drink, and people who drink are much more likely to smoke. Dependence on alcohol and tobacco also is correlated: People who are dependent on alcohol are three times more likely than those in the general population to be smokers, and people who are dependent on tobacco are four times more likely than the general population to be dependent on alcohol. Based on the concerns related to potential health impacts, conditions have been included that intend to protect from these issues. Conditions No. 8 through 11 are related to the following: ▪ Prohibition of exterior advertising promoting or indicating the availability of electronic cigarettes. • Prohibition of products containing tetrahydrocannabinol (THC). • No sales of tobacco products or electronic cigarettes to minors. • Compliance with U.S. Food and Drug Administration requirements. GEQ . The project is not subject to the California Environmental Quality Act as the proposal involves a retail use on a commercial -zoned property which allows retail uses by right. No physical or environmental impacts would occur as a result of approval of this application. Summary A tobacco specialty store is a retail use, permitted with the issuance of a CUP in the MXC-2 and MXD-2 zones: Concerns related to advertising and sales to minors or of incidental drug use are addressed by Conditions of Approval. The business would also be required to comply with all applicable federal government regulations. U.S. Food and Drug Administration website khttp:ffwww.fda. ciovlforconsu merslconsurn erupdatesiucm225210. htm) National Institute on Alcohol Abuse and Alcoholism website (http:Npubs.niaaa.nih.govipublicationsiaa7'ltaa71, htm) RECOMMENDATION 1. Approve 2014-04 CUP subject to the conditions listed below, based on attached findings; or 2. Deny 2014-04 CUP based on attached findings/findings to be determined by the Planning Commission; or 3. Continue the item to a specific date. ATTACHMENTS 1. Recommended Findings for Approval/Denial 2. Recommended Conditions 3. Location Map 4. Public Hearing Notice (Sent to 26 property owners and occupants) 5. Applicant's Plans (Exhibit A, case file no. 2014-04 CUP, dated 3/17/2014) 6. Site Photos MARTIN REEDER, AICP BRAD RAULSTON Principal Planner Executive Director RECOMMENDED FINDINGS FOR APPROVAL 2014-04 CUP, 1430 E. Plaza Blvd., suite E7B That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, since the proposai involves a conditionally -permitted retail use on a commercial -zoned property which allows- retail uses by right in the MXD-2 zone. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, since retail businesses are an identified use in the Major Mixed - Use land use designation, and since no Specific Plans exist in this area. 3. That the site for the proposed use is adequate in size and shape, since the proposed use is a retail use for which the property has been developed and has historically been used. 4. 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 Plaza Blvd. is classified as an arterial street in the Circulation Element, and the use will be within an existing retail suite and thus is not expected to result in an appreciable increase in traffic. 5. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed retail use is compatible with other nearby businesses; and since the proposed use will be subject to conditions that limit the sale and display of tobacco products and/or electronic cigarettes to minors. 5. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, since staff has already determined that the proposed use is not subject to CEQA, as the proposal involves a retail use on a commercial -zoned property which allows retail uses by right. No physical or environmental impacts would occur as a result of approval of this application. RECOMMENDED FINDING FOR DENIAL 2014-04 CUP, 1430 E. Plaza Blvd., suite E7B 1 That the proposed use is not deemed essential and desirable to the public convenience and welfare, since the proposed use for the sale and display of tobacco products and/or electronic cigarettes may lead young people to try other tobacco products, including conventional cigarettes, which are known to cause disease and lead to premature death. RECOMMENDED CONDITIONS OF APPROVAL 2014-04 CUP, 1430 E. Plaza Blvd., suite E7B General 1. This Conditional Use Permit authorizes the sale of electronic cigarettes (e- cigarette), personal vaporizers (PV), or electronic nicotine delivery systems (ENDS), collectively known as electronic cigarettes, and related accessories at the property located at 1430 East Plaza Boulevard, suite E7B. Plans submitted for permits associated with this project shall conform with Exhibit A, case The no. 2014-04 CUP, dated 3i1712014. This CUP shall not limit the sales of traditional tobacco products except as otherwise stated by these Conditions of Approval. 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 ail 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 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 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. The appiicant shall also submit evidence to the satisfaction of the Executive 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 Executive Director prior to recordation. Building/Fire 7. Plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. Planning 8. Excepting business identification signage, exterior advertising and signs of all types, promoting or indicating the availability of electronic cigarettes (e-cigarettes), persona! vaporizers (PV), or electronic nicotine delivery systems (ENDS), collectively known as electronic cigarettes, or tobacco products, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of electronic cigarettes and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 9. No products containing tetrahydrocannabinol (THC), or any other cannabinoid, may be sold on the premises. 10. No sales of tobacco products, electronic cigarettes, personal vaporizers, or any other electronic or non -electronic nicotine delivery systems are permitted to minors. 11.The business shall comply with all requirements of the U.S. Food and Drug Administration (FDA) related to electronic cigarettes (e-cigarettes), personal vaporizers (PV), electronic nicotine delivery systems (ENDS), or any tobacco products sold at the store. Police 12. Permittee shall comply with any reguiatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of tobacco products. CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR A TOBACCO SPECIALTY SHOP LOCATED IN SOUTH BAY PLAZA AT 1430 E. PLAZA BLVD., SUITE E7B. CASE FILE NO.: 2011-04 CUP APN: 557-322-14 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, May 5, 2014, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Vapure USA, Inc.) The applicant proposes to sell electronic cigarette products (electronic cigarettes, batteries, atomizers, and eLiquid) and accessories (lanyards, apparel, stickers, and custom wraps). Business hours are 9 a.m. to 9 p.m. Monday to Friday, and 11 a.m. to 7 p.m. on weekends. Information is available for review at the City's Planning Department, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Department on or before 12:00 p.m., May 5, 2014„ who can be contacted at 619-336-4310 or pianninq{a.nationalcityca.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 DEPARTMENT Fi BRAD RAULSTON Executive Director