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HomeMy WebLinkAboutReport.-' tivcbx8u 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) R .IIf'U ACI CCI I rvii '0. ivlit•i Ir%L..L I rr��vvvv 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.