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HomeMy WebLinkAboutResolutionRESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A TOBACCO SPECIALTY SHOP LOCATED IN SOUTH BAY PLAZA AT 1430 E. PLAZA BLVD., SUITE E7B (APPLICANT: VAPURE USA, INC.) WHEREAS, the Planning Commission considered a Conditional Use Permit for a tobacco specialty shop located in South Bay Plaza at 1430 East Plaza Boulevard, Suite E7B, at duly advertised public hearings held on August 5, 2014 and September 2, 2014, at which time oral and documentary evidence was presented and the Planning Commission denied the permit; and WHEREAS, the City Council reviewed the Notice of Decision of the Planning Commission's denial at their meeting of June 5, 2014 and set the matter for hearing; and WHEREAS, a duly noticed public hearing was held on August 5, 2014 and was continued to September 2, 2014; and WHEREAS, the City Council, at the public hearings, considered the staff report provided for Case File No. 2014-04 CUP, which is maintained by the City and incorporated herein by reference, along with all other evidence presented at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the evidence presented to the City Council at the public hearings held on August 5, 2014 and September 2, 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 the proposal 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 Boulevard 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. Resolution No. 2014 — Page Two September 16, 2014 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. 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 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. BE IT FURTHER RESOLVED that the application for a Conditional Use Permit is approved subject to the following conditions: GENERAL 1. This Conditional Use Permit authorizes a tobacco specialty shop with a waiting area to be located at 1430 East Plaza Boulevard, Suite E7B. Items for sale related to electronic cigarettes (commonly referred to as e-cigarettes) shall be limited to nicotine and non - nicotine liquid related to electronic cigarettes (e-cigarettes, personal vaporizers, or other electronic nicotine delivery systems). Plans submitted for permits associated with this project shall conform to Exhibit "A", case file no. 2014-04 CUP, dated March 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 Resolution No. 2014 — Page Three September 16, 2014 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 or nicotine -containing liquid are permitted to minors. 11. No hardware, including but not limited to electronic cigarettes (e-cigarettes), personal vaporizers (PV), or electronic nicotine delivery systems (ENDS) — collectively known as electronic cigarettes — or associated products (excepting vaporizing liquids) shall be permitted without modification of this Conditional Use Permit. 12. 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. 13. Interior signage shall be provided stating that the use of electronic cigarettes is prohibited inside the store. Language and location shall be approved by the Planning Department. Signage shall be installed prior to operation of the business at this location. POLICE 14. 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. BE IT FURTHER RESOLVED that this Resolution shall become effective, final, and conclusive on the day following the City Council meeting where this Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. Resolution No. 2014 — Page Four September 16, 2014 PASSED and ADOPTED this 16th day of September, 2014. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney