HomeMy WebLinkAboutConditionsRECOMMENDED 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 file no. 2014-04 CUP,
dated 3/17/2014 or as amended per Council direction. 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 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
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 applicant 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), personal
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 regulatory provisions of the Business and Professions
Code that pertain to the sale, display and marketing or merchandising of tobacco
products.