HomeMy WebLinkAboutResoRESOLUTION NO. 15-2014
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A CONDITIONAL USE PERMIT FOR THE EXPANSION OF A
CONVENIENCE STORE AT AN EXISTING GAS STATION
AT 2945 HIGHLAND AVENUE.
CASE FILE NO.: 2012-20 CUP
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit for the expansion of convenience store at an existing gas
station at 2945 Highland Avenue, at a duly advertised public hearing held on August 4,
2014, at which time oral and documentary evidence was presented; and,
WHEREAS, at said public hearings the Planning Commission considered the
staff report contained in Case File No_ 2012-20 CUP maintained by the City and
incorporated herein by reference along with evidence and testimony at said hearing;
and,
WHEREAS, this action is taken pursuant to all applicable procedures required by
State law and City law; and,
WHEREAS, the action recited herein is found to be essential for the preservation
of public health, safety, and general welfare,
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of National City, California, that the testimony and evidence presented to the Planning
Commission at the public hearing held on August 4, 2014, support the following findings:
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 ihe 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 injurious
to persons, property, or improvements in the vicinity and zone in which the
property is located, since the property is developed with an existing gasoline
service station aied the convenience store expansion and is not expected to
create an appreciable increase in impacts including traffic, noise, or odor.
6. 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 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.
BE IT FURTHER RESOLVED that the application for Conditional Use Permit is
approved subject to the following conditions;
General
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. All Alterations to the existing and proposed expansion of the service station shall
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. if 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 i.e 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 off -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 shall include
the provision of such devices as storm drain interceptors, clarifiers, or filters. Best
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 shall be shown on 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 of 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.AII 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 snail be shown on the plans. It disturbed, a licensed land surveyor or
civii engineer shall restore them after completion of the work. A Corner Record shall
be flied 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.
18.A permit shall be obtained from the Engineering Department 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 initial
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 plan, including plant species,
methods of planting, etc. shall be submitted for review and approval 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.
BE IT FURTHER RESOLVED that copies of this Resolution be transmitted
forthwith to the applicant and to the City Council.
BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the
ay IV:lowing he City Council meeting where the Planning, Commission resolution is set for
review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day 0f
that City Council meeting. The City Council may, at that meeting, appeal the decision of the
Planning Commission and set the matter for public hearing.
CERTIFICATION:
This certifies that the Resolution was adopted by the Planning Commission at their meeting of
August, 2014, by the following vote:
AYES: Garcia, Baca, BUskl= Pruitt, Flores; Dela Paz
NAYS: None
ABSENT: Alvarado
ABSTAIN: NONE
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CHAI RMAN