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CITY 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 /Owner:
Plans Prepared By:
Zoning Designation:
Parcel Size:
Item no.
August 4, 2014
PUBLIC HEARING — CONDITIONAL USE PERMIT
FOR THE EXPANSION OF A CONVENIENCE
STORE AT AN EXISTING GASOLINE SERVICE
STATION AT 2945 HIGHLAND AVENUE.
2012-20 CUP
Northeast corner of Highland Avenue and E. 30th Street
563-121-13, 26
Michael Fellows = Planning Technician
Windy Cove Incorporated
Paris Hagman, Architect
MXC-2 (Major Mixed -Use Corridor)
0.46 acres
Adjacent Land Use/Zoning:
North:
East:
South:
West:
Environmental Review:
Automotive Accessories Installation 1 AIIXC-2
Residential Use / RS-2
Drive Through Restaurant across East 30t" street,'
MXD-2 (Major Mixed -Use District)
Sweetwater High School across Highland Avenue / I
(Institutional)
Categorically Exempt pursuant to Class 32 Section
15332 (In -Fill Development)
BACKGROUND
Site Characteristics
The subject property consists of two parcels located at the northeast corner of
Highland Avenue and East 30th Street in the MXC-2 (Major Mixed Use Corridor)
zone. The property totals 20,037 square -feet, providing 150 feet of frontage
along Highland Avenue and 160 feet of frontage along 301h Street.
The property is currently developed with a gasoline service station with a small
convenience store, an automotive repair garage, and four double -sided gas
pumps covered by a 2,000 square -foot canopy.
Proposed Use
The applicant is proposing to expand the convenience store from 489 square feet
to 2,056 square feet. The proposed convenience store expansion would include
conversion of a 1,362 square foot auto repair garage to retail space and a 202
square foot addition. The project would also include construction of a new trash
enclosure, installation of a propane tank for retail sales, and relocation of a Healy
vapor recovery tank. Lastly, the applicant proposes to construct three commercial
units totaling approximately 2,000 square feet. Only the convenience store part of
this request is subject to the Conditional Use Permit (CUP).
The applicant had initially included alcohol sales with the application; however,
the applicant has since modified the application to exclude alcohol sales. If
approved, the current CUP would not confer any rights or approval involving the
future sale of alcohol. The applicant has indicated that he may request alcohol
sales in the future and has been informed that the request would require a new
CUP application and public hearing.
�ral�sis
The MXC-2 zone permits gasoline service stations with convenience stores
subject to a CUP. The existing gas station lacks a CUP, as it was developed
prior to the City's CUP requirement for gasoline service stations. Therefore,
modification ot the existing gas station site c esign and expansion of the
convenience store requires a CUP.
The General Plan's Health and Environmental Justice Element's Goal HEJ-4
provides for convenient access to fresh and healthy food, water, fruits, and
vegetables for all segments of the community. The currently proposed
convenience store will dedicate little area to healthy foods.
General Plan Policy LU-2.6 supports development and redevelopment that
creates jobs for all income levels. Both the proposed commercial area and
construction i vvould create additional job opportunities in the City.
General Plan Policy LU-2.9 encourages the designation of land for commercial,
office, and service uses sufficient to meet suture City needs. The expanded
convenience store would provide a commercial service that is in demand by the
public and will help support the existing gas station.
Site Planning
Adjacent to the previously discussed convenience store expansion, the appiicant
is also planning to construct two commercial additions east of the convenience
store. The proposed additions include a 716 square foot portion north of the
existing repair garage and a 1,212 square foot portion east behind the existing
convenience store. Both additions would be built to the property line and not
provide separation from the existing, neighboring buildings.
The existing trash enclosure and the Healy vapor recovery unit are proposed to
be relocated along the east property line. The applicant is also proposing a
propane tank for retail sales near East 30th Street. All of these structures must
be constructed to meet Fire Code. They will also all be screened by block walls
that will be required to have siding similar to the proposed building.
The property to the northeast is developed with a single family residence that is
approximately 60 feet from the proposed additions and is zoned RS-2 (Small Lot
Residential). The MXC-2 zone requires a setback equivalent to that of the
neighboring residential zone be provided. The applicant proposes to maintain
the existing eight -foot setback from the rear property line and provide a five-foot
setback from the side property line. These setbacks are consistent with the Land
Use Code. The applicant is also proposing to construct a five-foot high block wall
to further reduce impacts on the neighboring residential property.
The existing convenience store is located at the back of the property, behind the
i in d LandCode Section !9 i
gas pumps. Site r.�an,n,���g standards loon,. in Use :�...... �...,"0 6. 0. g�
state that convenience stores should be placed at the street frontage to improve
pedestrian accessibility and to visually screen the gasoline pumps and canopies
from street views. The existing gas station does not meet these standards since
the auto repair/convenience store building is located behind the gasoline pumps
and canopy.
Staff requested that the applicant consider re -designing the project to be
consistent with site planning standards by either placing the entire building or the
proposed additions closer to the front property line. The applicant considered the
request but found that both options required removal of nearly all structures on
the site, including the underground fuel tanks. Staff agreed with the applicant's
findings and ultimately determined that the proposed additions meet Land Use
Code requirements, since the gas station is existing.
Site planning standards limit curb cuts to one per frontage. The existing gas
station currently has two on each frontage. Staff suggested that the applicant
close one curb cut entry per street to improve pedestrian safety at a corner
frequently used for crossing by Sweetwater High School students. The applicant
frequently ���
expressed concerns regarding the circulation of gas trucks and vehicles through
the gas station if required to close entrances. The Planning Commission may opt
to require a Condition of Approval requiring a curb cut be removed from each
frontage.
Parking
Since the gas station is existing, the applicant is only required to provide
additional parking for the new commercial additions and the convenience store
expansion. The Land Use Code requires retail uses to provide 1 parking space
per 250 square feet of lot area. This means that 16 parking spaces are required
for 3,984 square feet of retail space. Plans currently provide 24 parking spaces
that include 16 spaces for the commercial use and 8 spaces counting the space
next to each gasoline pump.
Architectural Design
The Land Use Code requires that the design of the gas station and convenience
store conform to the existing character of the surrounding neighborhood through
the use of similar form, materials, and colors. In this case, there is no dominant
architectural style in the neighborhood. The existing buiiding is a rectangular, fiat
roof building with red brick siding.
The proposed building is a contemporary design that will blend better with
Sweetwater High School that is located across the street from the subject
property. The property owner and architect recently completed a remodel at the
Valero gas station property located at 10 Osborne Street, which was approved by
Planning Commission. This project will have a similar appearance to that project.
The pump island canopy is required to be architecturally consistent with the main
building. There are no changes proposed to the existing canopy. The Planning
Department has added a Condition of Approval that the canopy use colors similar
tothe rrc'Nvveu buildi••g and that ;f ihy r" viiLI hP4iP a c irr1i1'r
architectural style to the proposed building.
Landscaping on site is in need of maintenance and improvement. The applicant
is proposing to increase landscaped area on the property by: 1) Providing
landscaping in front of the convenience store; 2) Widening the existing planter
where the propane tank is proposed; and 3) Providing diamond planters adjacent
to the north property line. If Planning Commission requires curb cuts to be
closed, a Condition of Approval should be added requiring planters to be
expanded to include the vacated driveway areas.
Conditions of Approval
Standard comments were receives from the Building and Fire Departments
requiring the project to be constructed to meet the most recent Building and Fire
Codes. Sweetwater High School had no comments on the proposed project. The
Planning Department is requiring that irrigation and landscape plans be
submitted and approved prior to building permit issuance, details of the trash
enclosure and screen walls, and that the canopy be architecturally consistent
with the building,
Summary
The expansion and remodeling of this property would have a positive impact on the
business climate in the area. Consistent with General Plan policies, the expanded
commercial area would provide services in demand by the community, and the
additional businesses would create jobs for all income levels.
RECOMMENDATION
Approve 2012-20 CUP subject to the conditions listed below, based on attached
findings.
ATTACHMENTS
1. Recommended Findings for Approval
2. Recommended Conditions
3. Location Map
4. Notice of Exemption
5. Public Hearing Notice (Sent to 25 property owners)
6. Site Photos
7. Applicants Plans (Exhibit A, case file no. 2012-20 CUP, dated 6/25/14)
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Planning Technician
BRAD RAULSTON
Executive Director
RECOMMENDED FINDINGS FOR APPROVAL
OF THE CONDITIONAL USE PERMIT
2012-20 CUP — 2945 Highland Avenue
1. 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 a gasoline service
station with a convenience store is a conditionally permitted use in the
MXC-2 zone and since proposed plans comply with provisions of the Land
Use Code.
2. That the proposed use is consistent with the General Plan and any
applicable specific plans, since Policy LU 2.9 of the General Plan is to
designate land for commercial, office, and service uses sufficient to meet
future city needs.
3. That the design, location, size, and operating characteristics of the proposed
activity would be consistent with the existing and future land uses in the
vicinity, since the design, location, size, and operating characteristics of the
existing gasoline service station and the expanded convenience store are
consistent with characteristics of the MXC-2 zone.
4. That the site is physically suitable for the type, density, and intensity of use
being proposed, including access, utilities, and the absence of physical
constraints, since the addition can be located on the lot with the required
setbacks and parking is provided on the site.
5. Granting the permit would not constitute a nuisance or be injurious or
detrimental to the public interest, health, safety, convenience, or welfare, or
materially injuriousr�to yp,ersons, property,/+!or improvements�r-�in the vicinitynandte
zone in which the pr opal iy is located, since the pl opei L7 is developed with
an existing gasoline service station and the convenience store expansion
and is not expected to create an appreciable increase in impacts including
traffic, noise, or odor.
6. That the pro csed project has been reviewed nnmnlisnee with the
California Environmental Quality Act, since staff has already determined
that the proposed use is categorically exempt from, environmental review
pursuant to Class 3 Section 15303 (New Construction or Conversion of
Small Structures), for which a Notice of Exemption will be filed subsequent
to approval of this Conditional Use Permit.
RECOMMENDED CONDITIONS OF APPROVAL
2012-20 CUP — 2945 Highland Avenue
Genera!
1. This Conditional Use Permit authorizes the expansion of an existing
convenience store at the Mobil Gasoline Station located at 2945 Highland
Avenue, Except as required by Conditions of Approval, all plans submitted for
permits associated with the project shall conform with Exhibit A, case file no.
2012-20 CUP, dated 6/25/2014,
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 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 Land Use Code.
4. 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 the permit. Failure to return the
signed and notarized Acceptance Form within 30 days of its receipt shall
automatically terminate said permit. The applicant shall also submit
evidence to the satisfaction of the Planning Department 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
5. Plans submitted for improvements must comply with the 2013 edition of the
California Building, Electrical, Plumbing, Mechanical, and Fire Codes. If
submitted in 2014, plans submitted for improvements must comply with the
2013 edition of the California Building, Electrical, Plumbing, Mechanical, and
Fire Codes.
6. Aii Alterations to the existing and proposed expansion of the service station
snail meet all current California Accessibility requirements.
Engineering
7. The Priority Project Applicability checklist for the National Pollutant Discharge
Elimination System (NPDES) is required to be completed and submitted to the
Engineering Department. The checklist will be required when a project site is
submitted for review of the City Departments. The checklist is available at the
Engineering Department. !f it is determined that the project is subject to the
"Priority Project Permanent Storm Water BMP Requirements" and the City of
National City Storm Water Best Management Practices of the Jurisdictional
Urban Runoff Management Program (JURMP) approved Standard Urban Storm
Water Mitigation Plan (SUSMP) documentation will be required prior to issuance
of an applicable engineering permit. The SUSMP shall be prepared by a
Registered Civil Engineer.
8. The Best Management Practices (BMPs) for the maintenance of the proposed
construction shall be undertaken in accordance with the National Pollutant
Discharge Elimination System (NPDES) regulations which may require a Storm
Water Pollution Prevention Plan (SWPPP) for the project. An approved
SWPPP will be required prior to issuing of a construction permit.
9. All surface run-off shall be treated with an approved Standard Urban Runoff
Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority
SUSMP projects. No runoff will be permitted to flow over the sidewalk.
Adjacent properties shall be protected from surface run-off resulting from this
development.
10. The property owner, or its successors and assigns shall be responsible for the
maintenance, repair, or reconstruction of all irrigation and landscaping
improvements installed within the public right-of-way. Sprinkler heads shall be
adjusted so as to prevent overspray upon the public sidewalk or the street. The
proposed sprinkler heads shall be installed behind the sidewalk, and the
irrigation mainline upon private property only, as required by the City. The
property owner or, its successors or assigns, shall be remove and relocate all
irrigation items from the public right-of-way at no cost to the City, and within a
reasonable time frame upon a written notification by the City Engineer.
11. A grading and drainage plan shall be submitted showing all of the proposed and
existing on -site? and of -site improvements. The plan shall be prepared in
accordance with the City's standard requirements by a Registered Civil
Engineer, All necessary measures for prevention of storm water pollution and
hazardous material run-off to the public storm drain system from the proposed
parking lot or development shall be implemented with the design of the grading.
This hall • lude pr.- ::isi—n of such devices storm dray nterceptors
� ��i� shall irici:.iu�. the �•,�...vi.af,...i� of devices as ..:r:..:.�: ..r......,
niaritiers nr filters Rest Management Practices for the maintenance of the
parking lot, including sampling, monitoring, and cleaning of private catch basins
and storm drains, shall be undertaken in accordance with the National Pollution
Discharge Elimination System (NPDES) regulations. A private storm water
treatment maintenance agreement shall be signed and recorded. A checklist
for preparation of the grading plan/drainage plan is available at the Engineering
Department.
12. The existing and proposed curb inlet on property shall be provided with a "No
Dumping" signage in accordance with the NPDES program.
13.A sewer permit will be/may be required. The method of sewage collection and
disposal shah be shown an the grading/drainage plan. Any new sewer lateral in
the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S"
shall be provided on the curb to mark the location of the lateral.
14. Separate street and sewer plans prepared by Registered Civil Engineer, shall
be submitted showing all JI the existing and proposed improvements.. The
plans shall be in accordance with City requirements.
15. A soils engineering report shall be submitted for the Engineering Department's
review, after Planning Commission approval. The report shall address the
stability of all of the existing and proposed slopes on the property. It shall also
address the adequacy of the building pads, the criteria for any new retaining
wall design, the maximum allowable soil bearing pressure and the required
pavement structural sections for the proposed streets, the parking areas, and
the driveways. As a minimum, the parking lot pavement sections shall be 2 inch
A.C. over 4 inch Class II aggregate base. The street pavement sections shall be
in accordance with National City modified Standard Drawing G-34. All soils
report findings and recommendations shall be part of the Engineering
Department requirements.
16. The deteriorated portions of the existing street improvements along the property
frontages shall be removed and replaced. Specifically 250 square feet of
sidewalk, 260 square feet of driveway apron and 10 linear feet of curb, & gutter.
17. All existing survey monuments, including any benchmark, within the boundaries
of the project shall be shown on the plans. If disturbed, a licensed land surveyor
or civil engineer shall be shown on the plans. If disturbed, a licensed land
surveyor or civil engineer shall restore them after completion of the work. A
Corner Record shall be filed with the County of San Diego Recorder. A copy of
the documents filed shall be given to the City of National City Engineering
Department as soon as filed.
1f. A pormit chill be obtained from the Engineering Depertrnent for all improvement
work within the public right-of-way, and any grading construction on private
property.
19. Street improvements shall be in accordance with the City Standards. All
missing street improvements shall be constructed. Abandoned driveway aprons
shall be replaced with curb, gutter, and sidewalks.
20.A cost estimate for all of the proposed grading, drainage, street improvements,
landscaping and retaining wall work shall be submitted with the plans. A
performance bond equal to the approved cost estimate shall be posted. Three
percent (3%) of the estimated cost shall also be deposited with the City as an
initiai cost for plan checking and inspection services at the time the plans are
submitted. The deposit is subject to adjustment according to actual worked
hours and consultant services.
Planning
21.A detailed landscape and underground irrigation pian, including piani species,
methods eous of planting, r, etc. :3hail be submitted for review and mp`i iru�ie by the
Planning Department prior to building permit issuance. 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.
22. Building permit plans shall show details of the trash enclosure, Healy vapor
recovery system and propane tank screen walls. Details shall include finish
materials and colors, including the doors and non-combustible trash enclosure
cover. All screening walls must be of sufficient height to completely screen the
tanks.
23. Any future changes to the gasoline canopy shall be consistent with the
architectural design, materials, and colors of the proposed building.
24. Vehicle circulation patterns shall be subject to future review and potential
modification (removal of curb cuts) if problems related to pedestrian
ingress/egress are noted as a result of the proposed expansion.